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
(ii) by inserting ``or the Space Force''
after ``officer of the Air Force'' both places
it appears.
(B) Heading.--The heading of such section 9132 is
amended to read as follows:
``Sec. 9132. Regular Air Force and Regular Space Force: reenlistment
after service as an officer''.
(C) Table of sections.--The table of sections at
the beginning of chapter 913 of such title, as amended
by paragraph (1)(C), is further by striking the item
relating to section 9138 and inserting the following
new item:
``9138. Regular Air Force and Regular Space Force: reenlistment after
service as an officer.''.
(3) Appointments in the regular air force and regular space
force.--
(A) In general.--Section 9160 of such title is
amended--
(i) by inserting ``or the Regular Space
Force'' after ``Regular Air Force''; and
(ii) by inserting ``or the Space Force''
before the period.
(B) Chapter heading.--The heading of chapter 915 of
such title is amended to read as follows:
``CHAPTER 915--APPOINTMENTS IN THE REGULAR AIR FORCE AND THE REGULAR
SPACE FORCE''.
(C) Tables of chapters.--The table of chapters at
the beginning of subtitle D of such title, and at the
beginning of part II of subtitle D of such title, are
each amended by striking the item relating to chapter
915 and inserting the following new item:
``915. Appointments in the Regular Air Force and the Regular 9151''.
Space Force.
(4) Retired commissioned officers: status.--Section 9203 of
such title is amended by inserting ``or the Space Force'' after
``the Air Force''.
(5) Duties: chaplains; assistance required of commanding
officers.--Section 9217(a) of such title is amended by
inserting ``or the Space Force'' after ``the Air Force''.
(6) Rank: commissioned officers serving under temporary
appointments.--Section 9222 of such title is amended by
inserting ``or the Space Force'' after ``the Air Force'' both
places it appears.
(7) Requirement of exemplary conduct.--Section 9233 of such
title is amended--
(A) in the matter preceding paragraph (1), by
inserting ``and in the Space Force'' after ``the Air
Force''; and
(B) in paragraphs (3) and (4), by inserting ``or
the Space Force, respectively'' after ``the Air
Force''.
(8) Enlisted members: officers not to use as servants.--
Section 9239 of such title is amended by inserting ``or the
Space Force'' after ``Air Force'' both places it appears.
(9) Presentation of united states flag upon retirement.--
Section 9251(a) of such title is amended by inserting ``or the
Space Force'' after ``member of the Air Force''.
(10) Service credit: regular enlisted members; service as
an officer to be counted as enlisted service.--Section 9252 of
such title is amended--
(A) by inserting ``or the Regular Space Force''
after ``Regular Air Force''; and
(B) by inserting ``in the Space Force,'' after ``in
the Air Force,''.
(11) When secretary may require hospitalization.--Section
9263 of such title is amended by inserting ``or the Space
Force'' after ``member of the Air Force''.
(12) Decorations and awards.--
(A) In general.--Chapter 937 of such title is
amended by inserting ``or the Space Force'' after ``the
Air Force'' each place it appears in the following
provisions:
(i) Section 9271.
(ii) Section 9272.
(iii) Section 9273.
(iv) Section 9276.
(v) Section 9281 other than the first place
it appears in subsection (a).
(vi) Section 9286(a) other than the first
place it appears.
(B) Medal of honor; air force cross; distinguished-
service medal: delegation of power to award.--Section
9275 of such title is amended by inserting before the
period at the end the following: ``, or to an
equivalent commander of a separate space force or
higher unit in the field''.
(13) Twenty years or more: regular or reserve commissioned
officers.--Section 9311(a) of such title is amended by
inserting ``or the Space Force'' after ``officer of the Air
Force''.
(14) Twenty to thirty years: enlisted members.--Section
9314 of such title is amended by inserting ``or the Space
Force'' after ``member of the Air Force''.
(15) Thirty years or more: regular enlisted members.--
Section 9317 of such title is amended by inserting ``or the
Space Force'' after ``Air Force''.
(16) Thirty years or more: regular commissioned officers.--
Section 9318 of such title is amended by inserting ``or the
Space Force'' after ``Air Force''.
(17) Forty years or more: air force officers.--
(A) In general.--Section 9324 of such title is
amended in subsections (a) and (b) by inserting ``or
the Space Force'' after ``Air Force''.
(B) Heading.--The heading of such section 9324 is
amended to read as follows:
``Sec. 9324. Forty years or more: Air Force officers and Space Force
officers''.
(C) Table of sections amendment.--The table of
sections at the beginning of chapter 941 of such title
is amended by striking the item relating to section
9324 and inserting the following new item:
``9324. Forty years or more: Air Force officers and Space Force
officers.''.
(18) Computation of years of service: voluntary retirement;
enlisted members.--Section 9325(a) of such title is amended by
inserting ``or the Space Force'' after ``Air Force''.
(19) Computation of years of service: voluntary retirement;
regular and reserve commissioned officers.--
(A) In general.--Section 9326(a) of such title is
amended--
(i) in the matter preceding paragraph (1),
by inserting ``or the Space Force'' after ``of
the Air Force''; and
(ii) in paragraph (1), by striking ``or the
Air Force'' and inserting ``, the Air Force, or
the Space Force''.
(B) Technical amendments.--Such section 9326(a) is
further amended by striking ``his'' each place it
appears and inserting ``the officer's''.
(20) Computation of retired pay: law applicable.--Section
9329 of such title is amended by inserting ``or the Space
Force'' after ``Air Force''.
(21) Retired grade.--
(A) Higher grade after 30 years of service: warrant
officers and enlisted members.--Section 9344 of such
title is amended--
(i) in subsection (a), by inserting ``or
the Space Force'' after ``member of the Air
Force''; and
(ii) in subsection (b)--
(I) in paragraphs (1) and (3), by
inserting ``or the Space Force'' after
``Air Force'' each place it appears;
and
(II) in paragraph (2), by inserting
``or the Regular Space Force'' after
``Regular Air Force''.
(B) Restoration to former grade: retired warrant
officers and enlisted members.--Section 9345 of such
title is amended by inserting ``or the Space Force''
after ``member of the Air Force''.
(C) Retired lists.--Section 9346 of such title is
amended--
(i) in subsections (a) and (d), by
inserting ``or the Regular Space Force'' after
``Regular Air Force'';
(ii) in subsection (b)(1), by inserting
before the semicolon the following: ``, or for
commissioned officers of the Space Force other
than of the Regular Space Force''; and
(iii) in subsections (b)(2) and (c), by
inserting ``or the Space Force'' after ``Air
Force''.
(22) Recomputation of retired pay to reflect advancement on
retired list.--Section 9362(a) of such title is amended by
inserting ``or the Space Force'' after ``Air Force''.
(23) Fatality reviews.--Section 9381(a) of such title is
amended in paragraphs (1), (2), and (3) by inserting ``or the
Space Force'' after ``Air Force''.
(d) Training.--
(1) Members of air force: detail as students, observers,
and investigators at educational institutions, industrial
plants, and hospitals.--
(A) In general.--Section 9401 of title 10, United
States Code, is amended--
(i) in subsection (a), by inserting ``and
members of the Space Force'' after ``members of
the Air Force'';
(ii) in subsection (b), by inserting ``or
the Regular Space Force'' after ``Regular Air
Force'';
(iii) in subsection (c),by inserting ``or
Reserve of the Space Force'' after ``Reserve of
the Air Force'';
(iv) in subsection (e), by inserting ``or
the Space Force'' after ``Air Force''; and
(v) in subsection (f)--
(I) by inserting ``or the Regular
Space Force'' after ``Regular Air
Force''; and
(II) by inserting ``or the Space
Force Reserve'' after ``the reserve
components of the Air Force''.
(B) Technical amendments.--Subsection (c) of such
section 9401 is further amended--
(i) by striking ``his'' and inserting ``the
Reserve's''; and
(ii) by striking ``he'' and inserting ``the
Reserve'',
(C) Heading.--The heading of such section 9401 is
amended to read as follows:
``Sec. 9401. Members of Air Force and Space Force: detail as students,
observers and investigators at educational institutions,
industrial plants, and hospitals''.
(D) Table of sections.--The table of sections at
the beginning of chapter 951 of such title is amended
by striking the item relating to section 9401 and
inserting the following new item:
``9401. Members of Air Force and Space Force: detail as students,
observers, and investigators at educational
institutions, industrial plants, and
hospitals.''.
(2) Enlisted members of air force: schools.--
(A) In general.--Section 9402 of such title is
amended--
(i) in subsection (a)--
(I) in the first sentence, by
inserting ``and enlisted members of the
Space Force'' after ``members of the
Air Force''; and
(II) in the third sentence, by
inserting ``and Space Force officers''
after ``Air Force officers''; and
(ii) in subsection (b), by inserting ``or
the Space Force'' after ``Air Force'' each
place it appears.
(B) Heading.--The heading of such section 9402 is
amended to read as follows:
``Sec. 9402. Enlisted members Air Force or Space Force: schools''.
(C) Table of sections.--The table of sections at
the beginning of chapter 951 of such title is amended
by striking the item relating to section 9402 and
inserting the following new item:
``9402. Enlisted members of Air Force or Space Force: schools.''.
(3) Service schools: leaves of absence for instructors.--
Section 9406 of such title is amended by inserting ``or Space
Force'' after ``Air Force''.
(4) Degree granting authority for united states air force
institute of technology.--Section 9414(d)(1) of such title is
amended by inserting ``or the Space Force'' after ``needs of
the Air Force''.
(5) United states air force institute of technology:
administration.--Section 9414b(a)(2) is amended--
(A) by inserting ``or the Space Force'' after ``the
Air Force'' each place it appears; and
(B) in subparagraph (B), by inserting ``or the
equivalent grade in the Space Force'' after ``brigadier
general''.
(6) Community college of the air force: associate
degrees.--Section 9415 of such title is amended--
(A) in subsection (a) in the matter preceding
paragraph (1), by striking ``in the Air Force'' and
inserting ``in the Department of the Air Force''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``or the
Space Force'' after ``Air Force'';
(ii) in paragraph (2), by striking ``other
than'' and all that follows through the end and
inserting ``other than the Air Force or the
Space Force who are serving as instructors at
Department of the Air Force training
schools.''; and
(iii) in paragraph (3), by inserting ``or
the Space Force'' after ``Air Force''.
(7) Air force academy establishment; superintendent;
faculty.--Section 9431(a) of such title is amended by striking
``Air Force cadets'' and inserting ``cadets''.
(8) Air force academy superintendent; faculty: appointment
and detail.--Section 9433(a) of such title is amended by
inserting ``or the Space Force'' after ``Air Force''.
(9) Air force academy permanent professors; director of
admissions.--
(A) In general.--Section 9436 of such title is
amended--
(i) in subsection (a)--
(I) in the first sentence, by
inserting ``in the Air Force or the
equivalent grade in the Space Force''
after ``colonel'';
(II) in the second sentence, by
inserting ``and a permanent professor
appointed from the Regular Space Force
has the grade equivalent to the grade
of colonel in the Regular Air Force''
after ``grade of colonel''; and
(III) in the third sentence, by
inserting ``in the Air Force or the
equivalent grade in the Space Force''
after ``lieutenant colonel''; and
(ii) in subsection (b)--
(I) in the first sentence, ``in the
Air Force or the equivalent grade in
the Space Force'' after ``colonel''
each place it appears; and
(II) in the second sentence, by
inserting ``and a person appointed from
the Regular Space Force has the grade
equivalent to the grade of colonel in
the Regular Air Force'' after ``grade
of colonel''.
(B) Technical amendments.--Subsections (a) and (b)
of such section 9436 are further amended by striking
``he'' each place it appears and inserting ``such
person''.
(10) Cadets: appointment; numbers, territorial
distribution.--
(A) In general.--Section 9442 of such title is
amended--
(i) by striking ``Air Force Cadets'' each
place it appears and inserting ``cadets''; and
(ii) in subsection (b)(2), by inserting
``or the Regular Space Force'' after ``Regular
Air Force''.
(B) Technical amendment.--Subsection (b)(4) of such
section 9442 is amended by striking ``him'' and
inserting ``the Secretary''.
(11) Cadets: agreement to serve as officer.--Section
9448(a) of such title is amended--
(A) in paragraph (2)(A), by inserting ``or the
Regular Space Force'' after ``Regular Air Force''; and
(B) in paragraph (3)(A), by inserting before the
semicolon the following: ``or as a Reserve in the Space
Force for service in the Space Force Reserve''.
(12) Cadets: organization; service; instruction.--Section
9449 of such title is amended by striking subsection (d).
(13) Cadets: hazing.--Section 9452(c) of such title is
amended--
(A) by striking ``an Air Force cadet'' and
inserting ``a cadet''; and
(B) by striking ``or Marine Corps'' and inserting
``Marine Corps, or Space Force''.
(14) Cadets: degree and commission on graduation.--Section
9453(b) of such title is amended by inserting ``or in the
equivalent grade in the Regular Space Force'' after ``Regular
Air Force''.
(15) Support of athletic programs.--Section 9462(c)(2) of
such title is amended by striking ``personnel of the Air
Force'' and inserting ``personnel of the Department of the Air
Force''.
(16) Schools and camps: establishment: purpose.--Section
9481 of such title is amended--
(A) by inserting ``, the Space Force,'' after
``members of the Air Force,''; and
(B) by inserting ``or the Space Force Reserve''
after ``the Air Force Reserve''.
(17) Schools and camps: operation.--Section 9482 of such
title is amended--
(A) in paragraph (4), by inserting ``or the Regular
Space Force'' after ``Regular Air Force''; and
(B) in paragraph (7), in the matter preceding
subparagraph (A), by inserting ``or Space Force'' after
``Air Force''.
(e) Service, Supply, and Procurement.--
(1) Equipment: bakeries, schools, kitchens, and mess
halls.--Section 9536 of title 10, United States Code, is
amended in the matter preceding paragraph (1) by inserting ``or
the Space Force'' after ``the Air Force''.
(2) Rations.--Section 9561 of such title is amended--
(A) in subsection (a)--
(i) in the first sentence, by inserting
``and the Space Force ration'' after ``the Air
Force ration''; and
(ii) in the second sentence, by inserting
``or the Space Force'' after ``the Air Force'';
and
(B) in subsection (b), by inserting ``or the Space
Force'' after ``the Air Force''.
(3) Clothing.--Section 9562 of such title is amended by
inserting ``and members of the Space Force'' after ``the Air
Force''.
(4) Clothing: replacement when destroyed to prevent
contagion.--Section 9563 of such title is amended by inserting
``or the Space Force'' after ``member of the Air Force''.
(5) Colors, standards, and guidons of demobilized
organizations: disposition.--Section 9565 of such title is
amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by inserting ``or the Space Force''
after ``organizations of the Air Force''; and
(B) in subsection (b), by inserting ``or the Space
Force'' after ``the Air Force''.
(6) Utilities: proceeds from overseas operations.--Section
9591 of such title is amended by inserting ``or the Space
Force'' after ``the Air Force''.
(7) Quarters: heat and light.--Section 9593 of such title
is amended by inserting ``and members of the Space Force''
after ``the Air Force''.
(8) Air force military history institute: fee for providing
historical information to the public.--
(A) In general.--Section 9594 of such title is
amended--
(i) in subsections (a) and (d), by
inserting ``Department of the'' before ``Air
Force Military History'' each place it appears;
and
(ii) in subsection (e)(1)--
(I) by inserting ``Department of
the'' before ``Air Force Military
History''; and
(II) by inserting ``and the Space
Force'' after ``materials of the Air
Force''.
(B) Heading.--The heading of such section 9594 is
amended to read as follows:
``Sec. 9594. Department of the Air Force Military History Institute:
fee for providing historical information to the public''.
(C) Table of sections.--The table of sections at
the beginning of chapter 967 of such title is amended
by striking the item relating to section 9594 and
inserting the following new item:
``9594. Department of the Air Force Military History Institute: fee for
providing historical information to the
public.''.
(9) Subsistence and other supplies: members of armed
forces; veterans; executive or military departments and
employees; prices.--Section 9621 of such title is amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``and
members of the Space Force'' after ``the Air
Force''; and
(ii) in paragraph (2), by inserting ``and
officers of the Space Force'' after ``the Air
Force'';
(B) in subsection (b), by inserting ``or the Space
Force'' after ``the Air Force'';
(C) in subsection (c), by inserting ``or the Space
Force'' after ``the Air Force'';
(D) in subsection (d), by striking ``or Marine
Corps'' and inserting ``Marine Corps, or Space Force'';
(E) in subsection (e)--
(i) by inserting ``or the Space Force''
after ``the Air Force'' the first place it
appears; and
(ii) by inserting ``or the Space Force,
respectively'' after ``the Air Force'' the
second place it appears;
(F) in subsection (f), by inserting ``or the Space
Force'' after ``the Air Force''; and
(G) in subsection (h)--
(i) by inserting ``or the Space Force''
after ``the Air Force'' the first place it
appears; and
(ii) by inserting ``or members of the Space
Force'' after ``members of the Air Force''.
(10) Rations: commissioned officers in field.--Section 9622
of such title is amended by inserting ``and commissioned
officers of the Space Force'' after ``officers of the Air
Force''.
(11) Medical supplies: civilian employees of the air
force.--Section 9624(a) of such title is amended--
(A) by striking ``air base'' and inserting ``Air
Force or Space Force military installation''; and
(B) by striking ``Air Force when'' and inserting
``Department of the Air Force when''.
(12) Ordnance property: officers of armed forces; civilian
employees of air force.--
(A) In general.--Section 9625 of such title is
amended--
(i) in subsection (a), by inserting ``or
the Space Force'' after ``officers of the Air
Force''; and
(ii) in subsection (b), by striking ``the
Air Force'' and inserting ``the Department of
the Air Force''.
(B) Heading.--The heading of such section is
amended to read as follows:
``Sec. 9625. Ordnance property: officers of the armed forces; civilian
employees of the Department of the Air Force; American
National Red Cross; educational institutions; homes for
veterans' orphans''.
(C) Table of sections.--The table of sections at
the beginning of chapter 969 of such title is amended
by striking the item relating to section 9625 and
inserting the following new item:
``9625. Ordnance property: officers of the armed forces; civilian
employees of the Department of the Air
Force; American National Red Cross;
educational institutions; homes for
veterans' orphans.''.
(13) Supplies: educational institutions.--Section 9627 of
such title is amended--
(A) by inserting ``or the Space Force'' after ``for
the Air Force'';
(B) by inserting ``or the Space Force'' after
``officer of the Air Force''; and
(C) by striking ``air science and tactics'' and
inserting ``science and tactics''.
(14) Supplies: military instruction camps.--Section 9654 of
such title is amended--
(A) by inserting ``or Space Force'' after ``an Air
Force''; and
(B) by striking ``air science and tactics'' and
inserting ``science and tactics''.
(15) Disposition of effects of deceased persons by summary
court-martial.--Section 9712(a)(1) of such title is amended by
inserting ``or the Space Force'' after ``the Air Force''.
(16) Acceptance of donations: land for mobilization,
training, supply base, or aviation field.--
(A) In general.--Section 9771 of such title is
amended in paragraph (2) by inserting ``or space
mission-related facility'' after ``aviation field''.
(B) Heading.--The heading of such section 9771 is
amended to read as follows:
``Sec. 9771. Acceptance of donations: land for mobilization, training,
supply base, aviation field, or space mission-related
facility''.
(C) Table of sections.--The table of sections at
the beginning of chapter 979 of such title is amended
by striking the item relating to section 9771 and
inserting the following new item:
``9771. Acceptance of donations: land for mobilization, training,
supply base, aviation field, or space
mission-related facility.''.
(17) Acquisition and construction: air bases and depots.--
(A) In general.--Section 9773 of such title is
amended--
(i) in subsection (a)--
(I) by striking ``permanent air
bases'' and inserting ``permanent Air
Force and Space Force military
installations'';
(II) by striking ``existing air
bases'' and inserting ``existing
installations''; and
(III) by inserting ``or the Space
Force'' after ``training of the Air
Force'';
(ii) in subsections (b) and (c), by
striking ``air bases'' each place it appears
and inserting ``installations'';
(iii) in subsection (b)(7), by inserting
``or Space Force'' after ``Air Force'';
(iv) in subsection (c)--
(I) in paragraph (1), by inserting
``or Space Force'' after ``Air Force'';
and
(II) in paragraphs (3) and (4), by
inserting ``or the Space Force'' after
``the Air Force'' both places it
appears; and
(v) in subsection (f), by striking ``air
base'' and inserting ``installation''.
(B) Heading.--The heading of such section 9773 is
amended to read as follows:
``Sec. 9773. Acquisition and construction: installations and depots''.
(C) Table of sections.--The table of sections at
the beginning of chapter 979 of such title is amended
by striking the item relating to section 9773 and
inserting the following new item:
``9773. Acquisition and construction: installations and depots.''.
(18) Emergency construction: fortifications.--Section 9776
of such title is amended by striking ``air base'' and inserting
``installation''.
(19) Use of public property.--Section 9779 of such title is
amended--
(A) in subsection (a), by inserting ``or the Space
Force'' after ``economy of the Air Force''; and
(B) in subsection (b), by inserting ``or the Space
Force'' after ``support of the Air Force''.
(20) Disposition of real property at missile sites.--
Section 9781(a)(2) of such title is amended--
(A) in the matter preceding subparagraph (A), by
striking ``Air Force'' and inserting ``Department of
the Air Force'';
(B) in subparagraph (A), by striking ``Air Force''
the first two places it appears and inserting
``Department of the Air Force''; and
(C) in subparagraph (C), by striking ``Air Force''
and inserting ``Department of the Air Force''.
(21) Maintenance and repair of real property.--Section 9782
of such title is amended in subsections (c) and (d) by
inserting ``or the Space Force'' after ``the Air Force'' both
places it appears.
(22) Settlement of accounts: remission or cancellation of
indebtedness of members.--Section 9837(a) of such title is
amended by inserting ``or the Space Force'' after ``member of
the Air Force''.
(23) Final settlement of officer's accounts.--
(A) In general.--Section 9840 of such title is
amended by inserting ``or the Space Force'' after ``Air
Force''.
(B) Technical amendments.--Such section 9840 is
further amended--
(i) by striking ``he'' each place it
appears and inserting ``the officer''; and
(ii) by striking ``his'' each place it
appears and inserting ``the officer's''.
(24) Payment of small amounts to public creditors.--Section
9841 of such title is amended by inserting ``or Space Force''
after ``official of Air Force''.
(25) Settlement of accounts of line officers.--Section 9842
of such title is amended by inserting ``or the Space Force''
after ``Air Force''.
(f) Service of Incumbents in Certain Positions Without
Reappointment.--
(1) In general.--The individual serving in a position under
a provision of law specified in paragraph (2) as of the date of
the enactment of this Act may continue to serve in such
position after that date without further appointment as
otherwise provided by such provision of law, notwithstanding
the amendment of such provision of law by subsection (b).
(2) Provisions of law.--The provisions of law specified in
this paragraph are the provisions of title 10, United States
Code, as follows:
(A) Section 9020, relating to the Inspector General
of the Department of the Air Force.
(B) Section 9036. relating to the Surgeon General
of the Air Force.
(C) Section 9037(a), relating to the Judge Advocate
General of the Air Force.
(D) Section 9037(d), relating to the Deputy Judge
Advocate General of the Air Force.
(E) Section 9039, relating to the Chief of
Chaplains for the Air Force and the Space Force.
SEC. 933. AMENDMENTS TO OTHER PROVISIONS OF TITLE 10, UNITED STATES
CODE.
(a) Definitions.--Section 101(b)(13) of title 10, United States
Code, is amended in paragraph (13), by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''.
(b) Other Provisions of Subtitle A.--
(1) Space force I.--Subtitle A of title 10, United States
Code, as amended by subsection (a), is further amended by
striking ``and Marine Corps'' each place it appears and
inserting ``Marine Corps, and Space Force'' in the following
provisions:
(A) Section 116(a)(1) in the matter preceding
subparagraph (A).
(B) Section 533(a)(2).
(C) Section 646.
(D) Section 661(a).
(E) Section 712(a).
(F) Section 717(c)(1).
(G) Subsections (c) and (d) of section 741.
(H) Section 743.
(I) Section 1111(b)(4).
(J) Subsections (a)(2)(A) and (c)(2)(A)(ii) of
section 1143.
(K) Section 1174(j).
(L) Section 1463(a)(1).
(M) Section 1566.
(N) Section 2217(c)(2).
(O) Section 2259(a).
(P) Section 2640(j).
(2) Space force II.--
(A) In general.--Such subtitle is further amended
by striking ``Marine Corps,'' each place it appears and
inserting ``Marine Corps, Space Force,'' in the
following provisions:
(i) Section 123(a).
(ii) Section 172(a).
(iii) Section 518.
(iv) Section 747.
(v) Section 749.
(vi) Section 1552(c)(1).
(vii) Section 2632(c)(2)(A).
(viii) Section 2686(a).
(ix) Section 2733(a).
(B) Heading.--The heading of section 747 of such
title is amended to read as follows:
``Sec. 747. Command: when different commands of Army, Navy, Air Force,
Marine Corps, Space Force, and Coast Guard join''.
(C) Table of sections.--The table of sections at
the beginning of chapter 43 of such title is amended by
striking the item relating to section 747 and inserting
the following new item:
``747. Command: when different commands of Army, Navy, Air Force,
Marine Corps, Space Force, and Coast Guard
join.''.
(3) Space force III.--Such subtitle is further amended by
striking ``or Marine Corps'' each place it appears and
inserting ``Marine Corps, or Space Force'' in the following
provisions:
(A) Section 125(b).
(B) Section 541(a).
(C) Section 601(a).
(D) Section 603(a).
(E) Section 619(a).
(F) Section 619a(a).
(G) Section 624(c).
(H) Section 625(b).
(I) Subsections (a) and (d) of section 631.
(J) Section 632(a).
(K) Section 637(a)(2).
(L) Section 638(a).
(M) Section 741(d).
(N) Section 771.
(O) Section 772.
(P) Section 773.
(Q) Section 1123.
(R) Section 1143(d).
(S) Section 1174(a)(2).
(T) Section 1251(a).
(U) Section 1252(a).
(V) Section 1253(a).
(W) Section 1375.
(X) Section 1413a(h).
(Y) Section 1551.
(Z) Section 1561(a).
(AA) Section 1731(a)(1)(A)(ii).
(BB) Section 2102(a).
(CC) Section 2103a(a)(2).
(DD) Section 2104(b)(5).
(EE) Section 2107.
(FF) Section 2421.
(GG) Section 2631(a).
(HH) Section 2787(a).
(4) Regular space force I.--Such subtitle is further
amended by striking ``or Regular Marine Corps'' each place it
appears and inserting ``Regular Marine Corps, or Regular Space
Force'' in the following provisions:
(A) Section 531(c).
(B) Section 532(a) in the matter preceding
paragraph (1).
(C) Subsections (a)(1), (b)(1), and (f) of section
533.
(D) Section 633(a).
(E) Section 634(a).
(F) Section 635.
(G) Section 636(a).
(H) Section 647(c).
(I) Section 688(b)(1).
(J) Section 1181.
(5) Regular space force II.--Such subtitle is further
amended by striking ``Regular Marine Corps,'' each place it
appears and inserting ``Regular Marine Corps, Regular Space
Force,'' in the following provisions:
(A) Section 505.
(B) Section 506.
(C) Section 508.
(6) Transfer, etc. of functions, powers, and duties.--
Section 125(b) of such title, as amended by paragraph (3)(A),
is further amended by striking ``or 9062(c)'' and inserting
``9062(c), or 9081''.
(7) Joint staff matters.--
(A) Appointment of chairman; grade and rank.--
Section 152 of such title is amended--
(i) in subsection (b)(1)(C), by striking
``or the Commandant of the Marine Corps'' and
inserting ``the Commandant of the Marine Corps,
or the Chief of Space Operations''; and
(ii) in subsection (c), by striking ``or,
in the case of the Navy, admiral'' and
inserting ``, in the case of the Navy, admiral,
or, in the case of an officer of the Space
Force, the equivalent grade,''.
(B) Inclusion of space force on joint staff.--
Section 155(a) of such title is amended--
(i) in paragraph (2) by inserting ``the
Space Force and'' before ``the Coast Guard'';
(ii) by redesignating paragraph (3) as
paragraph (4); and
(iii) by inserting after paragraph (2) the
following new paragraph (3):
``(3) Officers of the Space Force assigned to serve on the Joint
Staff shall be selected by the Chairman in a number that, to the extent
practicable, bears the same proportion to the numbers of officers of
the armed forces selected under paragraph (2) as the number of Regular
members of the Space Force bears to the number of Regular members of
the armed forces specified in that paragraph (with the Navy and the
Marine Corps treated as a single armed force for purposes of this
paragraph).''.
(8) Armed forces policy council.--Section 171(a) of such
title is amended--
(A) in paragraph (15), by striking ``and'';
(B) in paragraph (16), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(17) the Chief of Space Operations.''.
(9) Joint requirements oversight council.--Section
181(c)(1) of such title is amended by adding at the end the
following new subparagraph:
``(F) A Space Force officer in the grade equivalent
to the grade of general in the Army, Air Force, or
Marine Corps, or admiral in the Navy.''.
(10) Unfunded priorities.--Section 222a(b) of such title is
amended--
(A) by redesignating paragraph (5) as paragraph
(6); and
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) The Chief of Space Operations.''.
(11) Theater security cooperation expenses.--Section
312(b)(3) of such title is amended by inserting ``the Chief of
Space Operations,'' after ``the Commandant of the Marine
Corps,''.
(12) Western hemisphere institute.--Section 343(e)(1)(E) of
such title is amended by inserting ``or Space Force'' after
``for the Air Force''.
(13) Original appointments of commissioned officers.--
Section 531(a) of such title is amended--
(A) in paragraph (1), by striking ``and in the
grades of ensign, lieutenant (junior grade), and
lieutenant in the Regular Navy'' and inserting ``in the
grades of ensign, lieutenant (junior grade), and
lieutenant in the Regular Navy, and in the equivalent
grades in the Regular Space Force''; and
(B) in paragraph (2), by striking ``and in the
grades of lieutenant commander, commander, and captain
in the Regular Navy'' and inserting ``in the grades of
lieutenant commander, commander, and captain in the
Regular Navy, and in the equivalent grades in the
Regular Space Force''.
(14) Service credit upon original appointment as a
commissioned officer.--Section 533(b)(2) of such title is
amended by striking ``or captain in the Navy'' and inserting
``, captain in the Navy, or an equivalent grade in the Space
Force''.
(15) Senior joint officer positions: recommendations to the
secretary of defense.--Section 604(a)(1)(A) of such title is
amended by inserting ``and the name of at least one Space Force
officer'' after ``Air Force officer''.
(16) Force shaping authority.--Section 647(a)(2) of such
title is amended by striking ``of that armed force''.
(17) Members: required service.--Section 651(b) of such
title is amended by striking ``of his armed force''.
(18) Career flexibility to enhance retention of members.--
Section 710(c)(1) of such title is amended by striking ``the
armed force concerned'' and inserting ``an armed force''.
(19) Senior members of military staff committee of united
nations.--Section 711 of such title is amended by inserting
``or the Space Force'' after ``Air Force''.
(20) Rank: chief of space operations.--
(A) In general.--Section 743 of such title is
amended by striking ``and the Commandant of the Marine
Corps'' and inserting ``the Commandant of the Marine
Corps, and the Chief of Space Operations''.
(B) Heading.--The heading of such section 743 is
amended to read as follows:
``Sec. 743. Rank: Chief of Staff of the Army; Chief of Naval
Operations; Chief of Staff of the Air Force; Commandant
of the Marine Corps; Chief of Space Operations''.
(C) Table of sections.--The table of sections at
the beginning of chapter 43 of such title is amended by
striking the item relating to section 743 and inserting
the following new item:
``743. Rank: Chief of Staff of the Army; Chief of Naval Operations;
Chief of Staff of the Air Force; Commandant
of the Marine Corps; Chief of Space
Operations.''.
(21) Uniform code of military justice.--Chapter 47 of such
title (the Uniform Code of Military Justice) is amended--
(A) in section 822(a)(7) (article 22(a)(7)), by
striking ``Marine Corps'' and inserting ``Marine Corps,
or the commanding officer of a corresponding unit of
the Space Force'';
(B) in section 823(a) (article 23(a))--
(i) in paragraph (2)--
(I) by striking ``Air Force base''
and inserting ``Air Force or Space
Force military installation''; and
(II) by striking ``or the Air
Force'' and inserting ``the Air Force,
or the Space Force''; and
(ii) in paragraph (4), by inserting ``or a
corresponding unit of the Space Force'' after
``Air Force''; and
(C) in section 824(a)(3) (article 24(a)(3)), by
inserting ``or a corresponding unit of the Space
Force'' after ``Air Force''.
(22) Service as cadet or midshipman not counted for length
of service.--Section 971(b)(2) of such title is amended by
striking ``or Air Force'' and inserting ``, Air Force, or Space
Force''.
(23) Referral bonus.--Section 1030(h)(3) of such title is
amended by inserting ``and the Space Force'' after ``concerning
the Air Force''.
(24) Return to active duty from temporary disability.--
Section 1211(a) of such title is amended--
(A) in the matter preceding paragraph (1), by
striking ``or the Air Force'' and inserting ``, the Air
Force, or the Space Force''; and
(B) in paragraph (6)--
(i) by striking ``or the Air Force, who''
and inserting ``the Air Force, or the Space
Force who''; and
(ii) by striking ``or the Air Force, as''
and inserting ``the Air Force, or the Space
Force, as''.
(25) Years of service.--Section 1405(c) of such title is
amended by striking ``or Air Force'' and inserting ``, Air
Force, or Space Force''.
(26) Retired pay base for persons who became members before
september 8, 1980.--Section 1406 of such title is amended--
(A) in the heading of subsection (e), by inserting
``and Space Force'' after ``Air Force''; and
(B) in subsection (i)(3)--
(i) in subparagraph (A)--
(I) by redesignating clause (v) as
clause (vi); and
(II) by inserting after clause (iv)
the following new clause (v):
``(v) Chief of Space Operations.''; and
(ii) in subparagraph (B)--
(I) by redesignating clause (v) as
clause (vi); and
(II) by inserting after clause (iv)
the following new clause (v):
``(v) The senior enlisted advisor of the
Space Force.''.
(27) Special requirements for military personnel in the
acquisition field.--
(A) In general.--Section 1722a(a) of such title is
amended by striking ``and the Commandant of the Marine
Corps (with respect to the Army, Navy, Air Force, and
Marine Corps, respectively)'' and inserting ``, the
Commandant of the Marine Corps, and the Chief of Space
Operations (with respect to the Army, Navy, Air Force,
Marine Corps, and Space Force, respectively)''.
(B) Clarifying amendment.--Such section 1722a(a) is
further amended by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics''
and inserting ``the Under Secretary of Defense for
Acquisition and Sustainment''.
(28) Senior military acquisition advisors.--Section
1725(e)(1)(C) of such title is amended by inserting ``and Space
Force'' before the period.
(29) Military family readiness council.--Section
1781a(b)(1) of such title is amended by striking ``Marine
Corps, and Air Force'' each place it appears and inserting
``Air Force, Marine Corps, and Space Force''.
(30) Financial assistance program for specially selected
members.--Section 2107 of such title is amended--
(A) in subsection (a)--
(i) by striking ``or as a'' and inserting
``, as a''; and
(ii) by inserting ``or as an officer in the
equivalent grade in the Space Force'' after
``Marine Corps,'';
(B) in subsection (b)--
(i) in paragraph (3), by striking ``the
reserve component of the armed force in which
he is appointed as a cadet or midshipman'' and
inserting ``the reserve component of an armed
force''; and
(ii) in paragraph (5), by striking
``reserve component of that armed force'' each
place it appears and inserting ``reserve
component of an armed force''; and
(C) in subsection (d), by striking ``second
lieutenant or ensign'' and inserting ``second
lieutenant, ensign, or an equivalent grade in the Space
Force''.
(31) Space rapid capabilities office.--Section 2273a(d) of
such title is amended by striking paragraph (3).
(32) Acquisition-related functions of chiefs of the armed
forces.--Section 2547(a) of such title is amended by striking
``and the Commandant of the Marine Corps'' and inserting ``the
Commandant of the Marine Corps, and the Chief of Space
Operations''.
(33) Agreements related to military training, testing, and
operations.--Section 2684a(i) of such title is amended by
inserting ``Space Force,'' before ``or Defense-wide
activities'' each place it appears.
(c) Provisions of Subtitle B.--
(1) In general.--Subtitle B of title 10, United States
Code, is amended by striking ``or Marine Corps'' each place it
appears and inserting ``Marine Corps, or Space Force'' in the
following provisions:
(A) Section 7452(c).
(B) Section 7621(d).
(2) Computation of years of service.--Section 7326(a)(1) of
such title is amended by striking ``or the Air Force'' and
inserting ``, the Air Force, or the Space Force''.
(d) Provisions of Subtitle C.--
(1) Cadets; hazing.--Section 8464(f) of title 10, United
States Code, is amended by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''.
(2) Sales prices.--
(A) In general.--Section 8802 of such title is
amended by striking ``or the Air Force'' and inserting
``, the Air Force, or the Space Force''.
(B) Heading.--The heading of such section 8802 is
amended to read as follows:
``Sec. 8802. Sales: members of Army, Air Force, and Space Force;
prices''.
(C) Table of sections.--The table of sections at
the beginning of chapter 879 of such title is amended
by striking the item relating to section 8802 and
inserting the following new item:
``8802. Sales: members of Army, Air Force, and Space Force; prices.''.
(3) Sales to certain veterans.--Section 8803 of such title
is amended by striking ``or the Marine Corps'' and inserting
``the Marine Corps, or the Space Force''.
(4) Subsistence and other supplies.--Section 8806(d) of
such title is amended by striking ``or Air Force or Marine
Corps'' and inserting ``, Air Force, Marine Corps, or Space
Force''.
(5) Scope of chapter on prize.--Section 8851(a) of such
title is amended by striking ``or the Air Force'' and inserting
``, the Air Force, or the Space Force''.
SEC. 934. AMENDMENTS TO PROVISIONS OF LAW RELATING TO PAY AND
ALLOWANCES.
(a) Definitions.--Section 101 of title 37, United States Code, is
amended--
(1) in paragraphs (3) and (4), by inserting ``Space
Force,'' after ``Marine Corps,'' each place it appears; and
(2) in paragraph (5)(C), by inserting ``and the Space
Force'' after ``Air Force''.
(b) Basic Pay Rates.--
(1) Commissioned officers.--Footnote 2 of the table titled
``COMMISSIONED OFFICERS'' in section 601(c) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 37 U.S.C. 1009 note) is amended by inserting after
``Commandant of the Marine Corps,'' the following: ``Chief of
Space Operations,''.
(2) Enlisted members.--Footnote 2 of the table titled
``ENLISTED MEMBERS'' in section 601(c) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 37 U.S.C. 1009 note) is amended by inserting after
``Sergeant Major of the Marine Corps,'' the following: ``the
senior enlisted advisor of the Space Force,''.
(c) Pay Grades: Assignment to; General Rules.--Section 201(a) of
title 37, United States Code, is amended--
(1) by striking ``(a) For the purpose'' and inserting
``(a)(1) Subject to paragraph (2), for the purpose''; and
(2) by adding at the end the following new paragraph:
``(2) For the purpose of computing their basic pay, commissioned
officers of the Space Force are assigned to the pay grades in the table
in paragraph (1) by grade or rank in the Air Force that is equivalent
to the grade or rank in which such officers are serving in the Space
Force.''.
(d) Pay of Senior Enlisted Members.--Section 210(c) of title 37,
United States Code, is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) The senior enlisted advisor of the Space Force.''.
(e) Allowances Other Than Travel and Transportation Allowances.--
(1) Personal money allowance.--Section 414 of title 37,
United States Code, is amended--
(A) in subsection (a)(5), by inserting ``Chief of
Space Operations,'' after ``Commandant of the Marines
Corps,''; and
(B) in subsection (b), by inserting ``the senior
enlisted advisor of the Space Force,'' after ``the
Sergeant Major of the Marine Corps,''.
(2) Clothing allowance: enlisted members.--Section 418(d)
of such title is amended--
(A) in paragraph (1), by striking ``or Marine
Corps'' and inserting ``Marine Corps, or Space Force'';
and
(B) in paragraph (4), by striking ``or the Marine
Corps'' and inserting ``the Marine Corps, or the Space
Force''.
(f) Travel and Transportation Allowances: Parking Expenses.--
Section 481i(b) of title 37, United States Code, is amended by striking
``or Marine Corps'' and inserting ``Marine Corps, or Space Force''.
(g) Leave.--
(1) Addition of space force.--Chapter 9 of title 37, United
States Code, is amended by inserting ``Space Force,'' after
``Marines Corps,'' each place it appears in the following
provisions:
(A) Subsections (b)(1) and (e)(1) of section 501.
(B) Section 502(a).
(C) Section 503(a).
(2) Addition of regular space force.--Section 501(b)(5)(C)
of such title is amended by striking ``or Regular Marine
Corps'' and inserting ``Regular Marine Corps, or Regular Space
Force''.
(3) Technical amendments.--Chapter 9 of such title is
further amended as follows:
(A) In section 501(b)(1)--
(i) by striking ``his'' each place it
appears and inserting ``the member's''; and
(ii) by striking ``he'' and inserting ``the
member''.
(B) In section 502--
(i) by striking ``his designated
representative'' each place it appears and
inserting ``the Secretary's designated
representative'';
(ii) in subsection (a), by striking ``he''
each place it appears and inserting ``the
member''; and
(iii) in subsection (b), by striking
``his'' and inserting ``the member's''.
(h) Allotment and Assignment of Pay.--
(1) In general.--Subsections (a), (c), and (d) of section
701 of title 37, United States Code, are each amended by
striking ``or Marine Corps'' and inserting ``Marine Corps, or
Space Force''.
(2) Technical amendments.--Such section 701 is further
amended--
(A) in subsection (a), by striking ``his'' and
inserting ``the officer's'';
(B) in subsection (b), by striking ``his'' and
inserting ``the person's''; and
(C) in subsection (c), by striking ``his pay, and
if he does so'' and inserting ``the member's pay, and
if the member does so''.
(3) Heading.--The heading of such section 701 is amended to
read as follows:
``Sec. 701. Members of the Army, Navy, Air Force, Marine Corps, and
Space Force; contract surgeons''.
(4) Table of sections.--The table of sections at the
beginning of chapter 13 of such title is amended by striking
the item relating to section 701 and inserting the following
new item:
``701. Members of the Army, Navy, Air Force, Marine Corps, and Space
Force; contract surgeons.''.
(i) Forfeiture of Pay.--
(1) Forfeiture for absence for intemperate use of alcohol
or drugs.--
(A) In general.--Section 802 of title 37, United
States Code, is amended by striking ``or Marine Corps''
and inserting ``Marine Corps, or Space Force''.
(B) Technical amendments.--Such section 802 is
further amended by striking ``his'' each place it
appears and inserting ``the member's''.
(2) Forfeiture when dropped from rolls.--
(A) In general.--Section 803 of such title is
amended by striking ``or the Air Force'' and inserting
``, the Air Force, or the Space Force''.
(B) Heading.--The heading of such section 803 is
amended to read as follows:
``Sec. 803. Commissioned officers of the Army, Air Force, or Space
Force: forfeiture of pay when dropped from rolls''.
(C) Table of sections.--The table of sections at
the beginning of chapter 15 of such title is amended by
striking the item relating to section 803 and inserting
the following new item:
``803. Commissioned officers of the Army, Air Force, or Space Force:
forfeiture of pay when dropped from
rolls.''.
(j) Effect on Pay of Extension of Enlistment.--Section 906 of title
37, United States Code, is amended by inserting ``Space Force,'' after
``Marine Corps,''.
(k) Administration of Pay.--
(1) Prompt payment required.--
(A) In general.--Section 1005 of title 37, United
States Code, is amended by striking ``and of the Air
Force'' and inserting ``, the Air Force, and the Space
Force''.
(B) Heading.--The heading of such section 1005 is
amended to read as follows:
``Sec. 1005. Army, Air Force, and Space Force: prompt payments
required''.
(C) Table of sections.--The table of sections at
the beginning of chapter 15 of such title is amended by
striking the item relating to section 803 and inserting
the following new item:
``1005. Army, Air Force, and Space Force: prompt payments required.''.
(2) Deductions from pay.--
(A) In general.--Section 1007 of such title is
amended--
(i) in subsections (b), (d), (f), and (g),
by striking ``or the Air Force'' and inserting
``, the Air Force, or the Space Force''; and
(ii) in subsection (e), by striking ``or
Marine Corps'' and inserting ``Marine Corps, or
Space Force''.
(B) Technical amendments.--Such section 1007 is
further amended--
(i) in subsection (b), by striking ``him''
and inserting ``the member'';
(ii) in subsection (d), by striking ``his''
each place it appears and inserting ``the
member's''; and
(iii) in subsection (f)--
(I) by striking ``his'' and
inserting ``the officer's''; and
(II) by striking ``he'' both places
it appears and inserting ``the
officer''.
SEC. 935. AMENDMENTS RELATING TO PROVISIONS OF LAW ON VETERANS'
BENEFITS.
(a) Addition of Space Service to References to Military, Naval, or
Air Service.--Title 38, United States Code, is amended by striking ``or
air service'' and inserting ``air, or space service'' each place it
appears in the following provisions:
(1) Paragraphs (2), (5), (12), (16), (17), (18), (24), and
(32) of section 101.
(2) Section 105(a).
(3) Section 106(b).
(4) Section 701.
(5) Paragraphs (1) and (2)(A) of section 1101.
(6) Section 1103.
(7) Section 1110.
(8) Subsections (b)(1) and (c)(1) of section 1112.
(9) Section 1113(b).
(10) Section 1131.
(11) Section 1132.
(12) Section 1133.
(13) Section 1137.
(14) Section 1141.
(15) Section 1153.
(16) Section 1301.
(17) Subsections (a) and (b) of section 1302.
(18) Section 1310(b).
(19) Section 1521(j).
(20) Section 1541(h).
(21) Subsections (a)(2)(B) and (e)(3) of section 1710.
(22) Section 1712(a).
(23) Section 1712A(c).
(24) Section 1717(d)(1).
(25) Subsections (b) and (c) of section 1720A.
(26) Section 1720D(c)(3).
(27) Section 1720E(a).
(28) Section 1720G(a)(2)(B).
(29) Subsections (b)(2), (e)(1), and (e)(4) of section
1720I.
(30) Section 1781(a)(3).
(31) Section 1783(b)(1).
(32) Section 1922(a).
(33) Section 2002(b)(1).
(34) Section 2101A(a)(1).
(35) Subsections (a)(1)(C) and (d) of section 2301.
(36) Section 2302(a).
(37) Section 2303(b)(2).
(38) Subsections (b)(4)(A) and (g)(2) of section 2306.
(39) Section 2402(a)(1).
(40) Section 3018B(a).
(41) Section 3102(a)(1)(A)(ii).
(42) Subsections (a) and (b)(2)(A) of section 3103.
(43) Section 3113(a).
(44) Section 3501(a).
(45) Section 3512(b)(1)(B)(iii).
(46) Section 3679(c)(2)(A).
(47) Section 3701(b)(2).
(48) Section 3712(e)(2).
(49) Section 3729(c)(1).
(50) Subparagraphs (A) and (B) of section 3901(1).
(51) Subsections (c)(1)(A) and (d)(2)(B) of section 5103A.
(52) Section 5110(j).
(53) Section 5111(a)(2)(A).
(54) Section 5113(b)(3)(C).
(55) Section 5303(e).
(56) Section 6104(c).
(57) Section 6105(a).
(58) Subsections (a)(1) and (b)(3) of section 6301.
(59) Section 6303(b).
(60) Section 6304(b)(1).
(61) Section 8301.
(b) Definitions.--
(1) Armed forces.--Paragraph (10) of section 101 of title
38, United States Code, is amended by inserting ``Space
Force,'' after ``Air Force,''.
(2) Secretary concerned.--Paragraph (25)(C) of such section
is amended by inserting ``or the Space Force'' before the
semicolon.
(3) Space force reserve.--Paragraph (27) of such section is
amended--
(A) by redesignating subparagraphs (E) through (G)
as subparagraphs (F) through (H), respectively; and
(B) by inserting after subparagraph (D) the
following new subparagraph (E):
``(E) the Space Force Reserve;''.
(c) Placement of Employees in Military Installations.--Section 701
of title 38, United States Code, is amended by striking ``and Air
Force'' and inserting ``Air Force, and Space Force''.
(d) Consideration to Be Accorded Time, Place, and Circumstances of
Service.--Section 1154(b) of title 38, United States Code, is amended
by striking ``or air organization'' and inserting ``air, or space
organization''.
(e) Premium Payments.--Section 1908 of title 38, United States
Code, is amended by inserting ``Space Force,'' after ``Marine Corps,''.
(f) Secretary Concerned for GI Bill.--Section 3020(l)(3) of title
38, United States Code, is amended by inserting ``or the Space Force''
before the semicolon.
(g) Definitions for Post-9/11 GI Bill.--Section 3301(2)(C) of title
38,United States Code, is amended by inserting ``or the Space Force''
after ``Air Force''.
(h) Provision of Credit Protection and Other Services.--Section
5724(c)(2) of title 38, United States Code, is amended by striking ``or
Marine Corps'' and inserting ``Marine Corps, or Space Force''.
SEC. 936. AMENDMENTS TO OTHER PROVISIONS OF THE UNITED STATES CODE.
(a) Title 5; Definition of Armed Forces.--Section 2101(2) of title
5, United States Code, is amended by inserting after ``Marine Corps,''
the following: ``Space Force,''.
(b) Title 14.--
(1) Voluntary retirement.--Section 2152 of title 14, United
States Code, is amended by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''.
(2) Computation of length of service.--Section 2513 of such
title is amended by inserting after ``Air Force,'' the
following: ``Space Force,''.
(c) Title 18; Firearms as Nonmailable.--Section 1715 of such title
is amended by inserting ``Space Force,'' after ``Marine Corps,''.
(d) Title 31.--
(1) Definitions relating to claims.--Section 3701(a)(7) of
title 31, United States Code, is amended by inserting ``Space
Force,'' after ``Marine Corps,''.
(2) Collection and compromise.--Section 3711(f) of such
title is amended in paragraphs (1) and (3) by inserting ``Space
Force,'' after ``Marine Corps,'' each place it appears.
(e) Title 41; Honorable Discharge Certificate in Lieu of Birth
Certificate.--Section 6309(a) of title 41, United States Code, is
amended by inserting ``Space Force,'' after ``Marine Corps,''.
(f) Title 51; Powers of the Administration in Performance of
Functions.--Section 20113(l) of title 51, United States Code, is
amended--
(1) in the subsection heading, by striking ``Services'' and
inserting ``Forces''; and
(2) by striking ``and Marine Corps'' and inserting ``Marine
Corps, and Space Force''.
SEC. 937. APPLICABILITY TO OTHER PROVISIONS OF LAW.
(a) Secretary of Defense Authority.--The authority of the Secretary
of Defense with respect to the Air Force or members of the Air Force
under any covered provision of law may be exercised by the Secretary
with respect to the Space Force or members of the Space Force.
(b) Secretary of the Air Force Authority.--The authority of the
Secretary of the Air Force with respect to the Air Force or members of
the Air Force under any covered provision of law may be exercised with
respect to the Space Force or members of the Space Force.
(c) Benefits for Members.--A member of the Space Force shall be
eligible for any benefit under a covered provision of law that is
available to a member of the Air Force under the same terms and
conditions as the provision of law applies to members of the Air Force.
(d) Covered Provision of Law Defined.--In this section, the term
``covered provision of law'' means a provision of law other than a
provision of title 5, 10, 14, 18, 31, 37, 38, 41, or 51, United States
Code.
PART II--OTHER MATTERS
SEC. 941. MATTERS RELATING TO RESERVE COMPONENTS FOR THE SPACE FORCE.
(a) Limitation on Establishment of Space National Guard.--
(1) In general.--The Space National Guard may not be
established as a reserve component of the Space Force until the
Secretary of Defense certifies in writing, to the congressional
defense committees that a Space National Guard is the
organization best suited to discharge in an effective and
efficient manner the missions intended to be assigned to the
Space National Guard.
(2) Basis for certification.--The certification must be
based on the results of a study conducted for purposes of this
subsection by the Assistant Secretary of the Air Force for
Manpower and Reserve Affairs.
(3) Proposed missions.--The certification shall include a
description of each mission proposed to be assigned to the
Space National Guard in connection with the certification.
(b) Space Force Reserve.--
(1) Inclusion within space force.--Section 9081(b)(2) of
title 10, United States Code, is amended by inserting ``,
including the Regular Space Force and the Space Force
Reserve,'' after ``space forces''.
(2) Named reserve component.--Section 10101 of title 10,
United States Code, is amended--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following
new paragraph (7):
``(7) The Space Force Reserve.''.
(3) Composition.--
(A) In general.--Chapter 1003 of such title is
amended--
(i) by redesignating section 10114 as
section 10115; and
(ii) by inserting after section 10113 the
following new section 10114:
``Sec. 10114. Space Force Reserve: composition
``The Space Force Reserve is a reserve component of the Space Force
to provide a reserve for active duty. It consists of the members of the
officers' section of the Space Force Reserve and of the enlisted
section of the Space Force Reserve.''.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 1003 of such title is amended
by striking the item relating to section 10114 and
inserting the following new items:
``10114. Space Force Reserve: composition.
``10115. Coast Guard Reserve.''.
(4) Space force reserve command.--
(A) In general.--Chapter 1006 of such title is
amended by adding at the end the following new section:
``Sec. 10175. Space Force Reserve Command
``(a) Establishment of Command.--The Secretary of the Air Force,
with the advice and assistance of the Chief of Space Operations, shall
establish a Space Force Reserve Command. The Space Force Reserve
Command shall be operated as a separate command of the Space Force.
``(b) Commander.--The Chief of Space Force Reserve is the Commander
of the Space Force Reserve Command. The commander of the Space Force
Reserve Command reports directly to the Chief of Space Operations.
``(c) Assignment of Forces.--The Secretary of the Air Force--
``(1) shall assign to the Space Force Reserve Command all
forces of the Space Force Reserve stationed in the continental
United States other than forces assigned to the unified
combatant command for special operations forces established
pursuant to section 167 of this title; and
``(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions
of the Secretary of the Air Force specified in section 9013 of
this title, shall assign to the combatant commands all such
forces assigned to the Space Force Reserve Command under
paragraph (1) in the manner specified by the Secretary of
Defense.''.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 1006 of such title is amended
by adding at the end the following new item:
``10175. Space Force Reserve Command.''.
(c) Military Personnel Management.--Any authority in title 10,
United States Code, may be applied to a member of the Space Force
Reserve in the same manner as such authority is applied to a similarly
situated member of the Air Force Reserve. In the application of such
authority to a member of the Space Force Reserve, any reference to a
grade of a member of in the Air Force or Air Force Reserve shall be
deemed to refer to the equivalent grade in the Space Force or Space
Force Reserve.
(d) Report on Integration of Space Force Reserve Into Law.--Not
later than 270 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House or Representatives a report setting forth
the amendments to title 10, United States Code, and any other laws,
necessary to fully integrate the Space Force Reserve into statutory
authorities on the personnel, activities, missions, and management of
the Space Force.
SEC. 942. TRANSFERS OF MILITARY AND CIVILIAN PERSONNEL TO THE SPACE
FORCE.
(a) Prohibition on Involuntary Transfer.--A member of the Armed
Forces or civilian employee of the Department of Defense may not be
transferred to the military or civilian part of the Space Force, as the
case may be, without the consent of such member or employee.
(b) Status Within Space Force Upon Transfer.--Any member of the
Armed Forces or civilian employee of the Department of Defense who is
transferred to the Space Force shall, after transfer, have the status
of member or civilian employee, as the case may be, of the Space Force.
(c) Detail or Assignment of Members.--
(1) Permanent nature of detail or assignment.--The detail
or assignment of any member of the Armed Forces to the Space
Force on or after the date of the enactment of this Act shall
be permanent, and shall be treated as a transfer to which
subsection (b) applies.
(2) Acknowledgment of nature.--Any member undergoing a
detail or assignment described in paragraph (1) shall execute a
written acknowledgment, before undergoing such detail or
assignment, of the permanent nature of the detail or assignment
by reason of paragraph (1).
SEC. 943. LIMITATION ON TRANSFER OF MILITARY INSTALLATIONS TO THE
JURISDICTION OF THE SPACE FORCE.
(a) Limitation.--A military installation (whether or not under the
jurisdiction of the Department of the Air Force) may not be transferred
to the jurisdiction or command of the Space Force until the Secretary
of the Air Force briefs the congressional defense committees on the
results of a business case analysis, conducted by the Secretary in
connection with the transfer, of the cost and efficacy of the transfer.
(b) Timing of Briefing.--The briefing on a business case analysis
conducted pursuant to subsection (a) shall be provided not later than
15 days after the date of the completion of the business case analysis
by the Secretary.
SEC. 944. CLARIFICATION OF PROCUREMENT OF COMMERCIAL SATELLITE
COMMUNICATIONS SERVICES.
(a) In General.--Chapter 963 of title 10, United States Code, is
amended by inserting before section 9532 the following new section:
``Sec. 9531. Procurement of commercial satellite communications
services
``The Secretary of the Air Force shall be responsible for the
procurement of commercial satellite communications services for the
Department of Defense.''.
(b) Table of Sections.--The table of sections at the beginning of
chapter 963 of such title is amended by inserting before the item
relating to section 9532 the following new item:
``9531. Procurement of commercial satellite communications services.''.
SEC. 945. TEMPORARY EXEMPTION FROM AUTHORIZED DAILY AVERAGE OF MEMBERS
IN PAY GRADES E-8 AND E-9.
Section 517 of title 10, United States Code, shall not apply to the
Space Force until October 1, 2023.
SEC. 946. APPLICATION OF ACQUISITION DEMONSTRATION PROJECT TO
DEPARTMENT OF THE AIR FORCE EMPLOYEES ASSIGNED TO
ACQUISITION POSITIONS WITHIN THE SPACE FORCE.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599i. Application of acquisition demonstration project to
Department of the Air Force employees assigned to
acquisition positions within the Space Force
``For purposes of the demonstration project authorized by section
1762 of this title, the Secretary of Defense may apply the provisions
of such section, including any regulations, procedures, waivers, or
guidance implementing such section, to employees of the Department of
the Air Force assigned to acquisition positions within the Space
Force.''.
(b) Table of Sections.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1599i. 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.
(a) Supersedure of Airman's Medal With Air and Space Force Medal.--
(1) In general.--Section 9280 of title 10, United States
Code, is amended--
(A) by striking ``Airman's Medal'' each place it
appears and inserting ``Air and Space Force Medal'';
and
(B) in subsection (a)(1), by inserting ``or the
Space Force'' after ``the Air Force''.
(2) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 9280. Air and Space Force Medal: award; limitations''.
(3) Table of sections.--The table of sections at the
beginning of chapter 937 of such title is amended by striking
the item relating to section 9280 and inserting the following
new item:
``9280. Air and Space Force Medal: award; limitations.''.
(b) Differentiation in Design.--The President shall ensure that the
design of the Air and Space Force Medal and accompanying ribbon (and
any related bar or device) awarded under section 9280 of title 10,
United States Code (as amended by subsection (a)), differs in an
appropriate manner from the design of the Airman's Medal and
accompanying ribbon, bar, or device awarded under section 9280 of title
10, United States Code, as such section was in effect on the date
before the date of the enactment of this Act.
Subtitle D--Organization and Management of Other Department of Defense
Offices and Elements
SEC. 951. ANNUAL REPORT ON ESTABLISHMENT OF FIELD OPERATING AGENCIES.
(a) In General.--Subchapter I of chapter 134 of title 10, United
States Code, is amended by inserting after section 2245 the following
new section:
``Sec. 2246. Establishment of field operating agencies: annual report
``(a) Annual Report Required.--Not later than January 31 each year,
the Secretary of Defense shall submit to the congressional defense
committees a report on each, if any, field operating agency established
during the preceding year.
``(b) Elements.--Each report under subsection (a) shall include,
for each field operating agency covered by such report, the following:
``(1) The name of such agency.
``(2) The physical location of such agency.
``(3) The title and grade (whether military or civilian) of
the head of such agency.
``(4) The chain of command, supervision, or authority
through which the head of such agency reports to the Office of
the Secretary of Defense or the military department or Armed
Forces headquarters, as applicable.
``(5) The mission of such agency.
``(6) The number of personnel authorized to be assigned to
such agency, and the number of such authorizations encumbered
by military personnel and civilian employees of the Department
of Defense or military department, as applicable.
``(7) The purpose underlying the establishment of such
agency.
``(8) Any cost savings or other efficiencies that have
accrued, or are anticipated to accrue, to the Department of
Defense or any of its components in connection with the
establishment and operation of such agency.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 134 of such title is amended by inserting after
the item relating to section 2245 the following new item:
``2246. Establishment of field operating agencies: annual report.''.
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.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense, with appropriate representatives of the Armed
Forces, shall brief the Committees on Armed Services of the Senate and
the House of Representatives on the feasibility and the current status
of assigning members of the Armed Forces on active duty to the Joint
Artificial Intelligence Center (JAIC) of the Department of Defense. The
briefing shall include an assessment of such assignment on each of the
following:
(1) The strengthening of ties between the Joint Artificial
Intelligence Center and operational forces for purposes of--
(A) identifying tactical and operational use cases
for artificial intelligence (AI);
(B) improving data collection; and
(C) establishing effective liaison between the
Center and operational forces for identification and
clarification of concerns in the widespread adoption
and dissemination of artificial intelligence.
(2) The creation of opportunities for additional non-
traditional broadening assignments for members on active duty.
(3) The career trajectory of active duty members so
assigned, including potential negative effects on career
trajectory.
(4) The improvement and enhancement of the capacity of the
Center to influence Department-wide policies that affect the
adoption of artificial intelligence.
SEC. 953. THREATS TO UNITED STATES FORCES FROM SMALL UNMANNED AERIAL
SYSTEMS WORLDWIDE.
(a) Findings.--Congress makes the following findings:
(1) United States military forces face an ever increasing
and constantly evolving threat from small unmanned aerial
systems in operations worldwide, whether in the United States
or abroad.
(2) The Department of Defense is already doing important
work to address the threats from small unmanned aerial systems
worldwide, though the need for engagement in that area
continues.
(b) Executive Agent.--
(1) In general.--The Secretary of the Army is the executive
agent of the Department of Defense for programs, projects, and
activities to counter small unmanned aerial systems (in this
section referred to as the ``Counter-Small Unmanned Aerial
Systems Program'').
(2) Functions.--The functions of the Secretary as executive
agent shall be as follows:
(A) To develop the strategy required by subsection
(c).
(B) To carry out such other activities to counter
threats to United States forces worldwide from small
unmanned aerial systems as the Secretary of Defense and
the Secretary of the Army consider appropriate.
(3) Structure.--The Secretary as executive agent shall
carry out the functions specified in paragraph (2) through such
administrative structures as the Secretary considers
appropriate.
(c) Strategy To Counter Threats From Small Unmanned Aerial
Systems.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Army, as executive agent for the
Counter-Small Unmanned Aerial Systems Program, shall develop and submit
to relevant committees of Congress a strategy for the Armed Forces to
effectively counter threats from small unmanned aerial systems
worldwide. The report shall be submitted in classified form.
(d) Report on Executive Agent Activities.--
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the Secretary of the Army,
as executive agent for the Counter-Small Unmanned Aerial
Systems Program, shall submit to Congress a report on the
Counter-Small Unmanned Aerial Systems Program.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description and assessment of the structure
and activities of the executive agent as established
and put in place by the Secretary, including the
following:
(i) Any obstacles hindering the effective
discharge of its functions and activities,
including limitations in authorities or policy.
(ii) The changes, if any, to airspace
management, rules of engagement, and training
plans that are required in order to optimize
the use by the Armed Forces of counter-small
unmanned aerial systems.
(B) An assessment of the implementation of the
strategy required by subsection (c), and a description
of any updates to the strategy that are required in
light of evolving threats to the Armed Forces from
small unmanned aerial systems.
(e) Report on Threat From Small Unmanned Aerial Systems.--
(1) Report required.--Not later than 180 days after the
submittal of the strategy required by subsection (c), the
Secretary of Defense shall submit to the appropriate committees
of Congress a report that sets forth a direct comparison
between the threats United States forces in combat settings
face from small unmanned aerial systems and the capabilities of
the United States to counter such threats. The report shall be
submitted in classified form.
(2) Coordination.--The Secretary shall prepare the report
required by paragraph (1) in coordination with the Director of
the Defense Intelligence Agency and with such other appropriate
officials of the intelligence community, and such other
officials in the United States Government, as the Secretary
considers appropriate.
(3) Elements.--The report required by paragraph (1) shall
include the following:
(A) An evaluation and assessment of the current and
evolving threat being faced by United States forces
from small unmanned aerial systems.
(B) A description of the counter-small unmanned
aerial system systems acquired by the Department of
Defense as of the date of the enactment of this Act,
and an assessment whether such systems are adequate to
meet the current and evolving threat described in
subparagraph (A).
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(f) Independent Assessment of Counter-Small Unmanned Aerial Systems
Program.--
(1) Assessment.--Not later than 60 days after the submittal
of the strategy required by subsection (c), the Secretary of
Defense shall seek to enter into a contract with a Federally
funded research and development center to conduct an assessment
of the efficacy of the Counter-Small Unmanned Aerial Systems
Program.
(2) Elements.--The assessment conducted pursuant to
paragraph (1) shall include the following:
(A) An identification of metrics to assess progress
in the implementation of the strategy required by
subsection (c), which metrics shall take into account
the threat assessment required for purposes of
subsection (e).
(B) An assessment of progress, and key challenges,
in the implementation of the strategy using such
metrics, and recommendations for improvements in the
implementation of the strategy.
(C) An assessment of the extent to which the
Department of Defense is coordinating adequately with
other departments and agencies of the United States
Government, and other appropriate entities, in the
development and procurement of counter-small unmanned
aerial systems for the Department.
(D) An assessment of the extent to which the
designation of the Secretary of the Army as executive
agent for the Counter-Small Unmanned Aerial Systems
Program has reduced redundancies and increased
efficiencies in procurement of counter-small unmanned
aerial systems.
(E) An assessment whether United States
technological progress on counter-small unmanned aerial
systems is sufficient to maintain a competitive edge
over the small unmanned aerial systems technology
available to United States adversaries.
(3) Report.--Not later than 180 days after entry into the
contract referred to in paragraph (1), the Secretary shall
submit to the congressional defense committees a report setting
forth the results of the assessment required under the
contract.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2021 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$4,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. APPLICATION OF FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION
PLAN TO FISCAL YEARS FOLLOWING FISCAL YEAR 2020.
Section 240b(a)(2)(A)(iii) of title 10, United States Code, is
amended by striking ``for fiscal year 2018'' and all that follows and
inserting ``for each fiscal year after fiscal year 2020 occurs by not
later than March 31 following such fiscal year;''.
SEC. 1003. INCENTIVES FOR THE ACHIEVEMENT BY THE COMPONENTS OF THE
DEPARTMENT OF DEFENSE OF UNQUALIFIED AUDIT OPINIONS ON
THE FINANCIAL STATEMENTS.
(a) Incentives Required.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense (Comptroller)
shall, acting through the Deputy Chief Financial Officer of the
Department of Defense, develop and issue guidance to incentivize the
achievement by each department, agency, and other component of the
Department of Defense of unqualified audit opinions on their financial
statements.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Under Secretary shall submit to the appropriate
committees of Congress a report setting forth a description and
assessment of current and proposed incentives for the achievement of
unqualified audit opinions as described in subsection (a).
(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 the
Budget, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on the
Budget, and the Committee on Appropriations of the House of
Representatives.
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.
(a) Codification of Section 1022 of FY 2004 NDAA.--Chapter 15 of
title 10, United States Code, is amended by adding at the end a new
section 285 consisting of--
(1) a heading as follows:
``Sec. 285. Authority for joint task forces to support law enforcement
agencies conducting counterterrorism or counter-
transnational organized crime activities''; and
(2) a text consisting of the text of section 1022 of the
National Defense Authorization Act for Fiscal Year 2004 (10
U.S.C. 271 note).
(b) Conforming Amendments in Connection With Codification.--Section
285 of title 10, United States Code, as added by subsection (a), is
amended--
(1) in subsection (b), by striking ``During fiscal years
2006 through 2022, funds for drug interdiction'' and inserting
``Funds for drug interdiction'';
(2) in subsection (c), by striking ``of each year in which
the authority in subsection (a) is in effect'' and inserting
``each year'';
(3) in subsection (d)--
(A) in paragraph (1), by striking the paragraph
designation and all that follows through ``Support'' in
paragraph (2)(A) and inserting ``(1) Support'';
(B) by redesignating subparagraph (B) as paragraph
(2); and
(C) in paragraph (2), as so redesignated, by
striking ``subparagraph (A)'' and inserting ``paragraph
(1)''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``of title 10,
United States Code'' and inserting ``of this title'';
and
(B) by striking the second paragraph (2).
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 15 of such title is amended by adding at the end the following
new item:
``285. Authority for joint task forces to support law enforcement
agencies conducting counterterrorism or
counter-transnational organized crime
activities.''.
(d) Conforming Repeal.--Section 1022 of the National Defense
Authorization Act for Fiscal Year 2004 is repealed.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. MODIFICATION OF AUTHORITY TO PURCHASE USED VESSELS WITH
FUNDS IN THE NATIONAL DEFENSE SEALIFT FUND.
Section 2218(f)(3) of title 10, United States Code, is amended--
(1) by striking subparagraphs (E) and (G); and
(2) by redesignating subparagraph (F) as subparagraph (E).
SEC. 1022. WAIVER DURING WAR OR THREAT TO NATIONAL SECURITY OF
RESTRICTIONS ON OVERHAUL, REPAIR, OR MAINTENANCE OF
VESSELS IN FOREIGN SHIPYARDS.
Section 8680 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection: (c)
``(c) Waiver.--(1) The Secretary of the Navy may waive the
restrictions in subsections (a) and (b) for the duration of a period of
threat to the national security interests of the United States upon a
written determination by the Secretary that such a waiver is necessary
in the national security interest of the United States.
``(2) Not later than 15 days after making a determination under
paragraph (1), the Secretary shall provide to the congressional defense
committees a written notification on the determination.
``(3) In this subsection, the term `period of threat to the
national security interests of the United States' means the following:
``(A) A period of war.
``(B) Any other period determined by Secretary of Defense
in which the national security interests of the United States
are threatened by the application, or the imminent danger of
application, of physical force by any foreign government or
agency against the United States, citizens of the United
States, the property of citizens of the United States, or the
commercial interests of citizens of the United States.''.
SEC. 1023. MODIFICATION OF WAIVER AUTHORITY ON PROHIBITION ON USE OF
FUNDS FOR RETIREMENT OF CERTAIN LEGACY MARITIME MINE
COUNTERMEASURE PLATFORMS.
(a) In General.--Section 1046(b)(1) of the National Defense
Authorization Act for Fiscal Year 2018 (Public law 115-91; 131 Stat.
1556) is amended by striking ``certifies'' and inserting ``, with the
concurrence of the Director of Operational Test and Evaluation,
certifies in writing''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to waivers under subsection (b)(1) of section 1046 of the
National Defense Authorization Act for Fiscal Year 2018 of the
prohibition under subsection (a) of that section that occur on or after
that date.
SEC. 1024. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF EXPENSES FOR
CERTAIN NAVY MESS OPERATIONS AFLOAT.
Section 1014(b) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4585), as most
recently amended by section 1023(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
966), is further amended by striking ``September 30, 2020'' and
inserting ``September 30, 2025''.
SEC. 1025. SENSE OF CONGRESS ON ACTIONS NECESSARY TO ACHIEVE A 355-SHIP
NAVY.
It is the sense of Congress that to achieve the national policy of
the United States to have available, as soon as practicable, not fewer
than 355 battle force ships--
(1) the Navy must be adequately resourced to increase the
size of the Navy in accordance with the national policy, which
includes the associated ships, aircraft, personnel,
sustainment, and munitions;
(2) across fiscal years 2021 through 2025, the Navy should
start construction on not fewer than--
(A) 12 Arleigh Burke-class destroyers;
(B) 10 Virginia-class submarines;
(C) 2 Columbia-class submarines;
(D) 3 San Antonio-class amphibious ships;
(E) 1 LHA-class amphibious ship;
(F) 6 John Lewis-class fleet oilers; and
(G) 5 guided missile frigates;
(3) new guided missile frigate construction should increase
to a rate of between two and four ships per year once design
maturity and construction readiness permit;
(4) the Columbia-class submarine program should be funded
with additions to the Navy budget significantly above the
historical average, given the critical single national mission
that these vessels will perform and the high priority of the
shipbuilding budget for implementing the National Defense
Strategy;
(5) stable shipbuilding rates of construction should be
maintained for each vessel class, utilizing multi-year or block
buy contract authorities when appropriate, until a deliberate
transition plan is identified; and
(6) prototyping of potential new shipboard subsystems
should be accelerated to build knowledge systematically, and,
to the maximum extent practicable, shipbuilding prototyping
should occur at the subsystem-level in advance of ship design.
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.
Section 1033 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), as
amended by section 1043 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is further amended by striking
``December 31, 2020'' and inserting ``December 31, 2021''.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR
RELINQUISH CONTROL OF UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1551), as most recently amended
by section 1045 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92), is further amended by striking ``fiscal
year 2018, 2019, or 2020'' and inserting ``fiscal years 2018 through
2021''.
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.
Section 1035 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as
amended by section 1042 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is further amended by striking
``December 31, 2020'' and inserting ``December 31, 2021''.
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.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1954), as amended by section 1044 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92), is further amended by
striking ``December 31, 2020'' and inserting ``December 31, 2021''.
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.
(a) Inclusion.--Subsection (a)(1)(A) of section 2576a of title 10,
United States Code, is amended by inserting ``disaster-related
emergency preparedness,'' after ``counterterrorism,''.
(b) Preference in Transfers.--Subsection (d) of such section is
amended to read as follows:
``(d) Preference for Certain Transfers.--In considering
applications for the transfer of personal property under this section,
the Secretary shall give a preference to applications indicating that
the transferred property will be used in the counterdrug,
counterterrorism, disaster-related emergency preparedness, or border
security activities of the recipient agency. Applications that request
vehicles used for disaster-related emergency preparedness, such as
high-water rescue vehicles, should receive the highest preference.''.
SEC. 1042. EXPENDITURE OF FUNDS FOR DEPARTMENT OF DEFENSE CLANDESTINE
ACTIVITIES THAT SUPPORT OPERATIONAL PREPARATION OF THE
ENVIRONMENT.
(a) Authority.--Subject to subsections (b) through (d), the
Secretary of Defense may expend up to $15,000,000 in any fiscal year
for clandestine activities for any purpose the Secretary determines to
be proper for preparation of the environment for operations of a
confidential nature. Such a determination is final and conclusive upon
the accounting officers of the United States. The Secretary may certify
the amount of any such expenditure authorized by the Secretary that the
Secretary considers advisable not to specify, and the Secretary's
certificate is sufficient voucher for the expenditure of that amount.
(b) Funds.--Funds for expenditures under this section in a fiscal
year shall be derived from amounts authorized to be appropriated for
that fiscal year for operation and maintenance, Defense-wide.
(c) Limitation on Delegation.--The Secretary of Defense may not
delegate the authority under this section with respect to any
expenditure in excess of $100,000.
(d) Exclusion of Intelligence Activities.--
(1) In general.--This section does not constitute authority
to conduct, or expend funds for, intelligence,
counterintelligence, or intelligence-related activities.
(2) Definitions.--In this subsection, the terms
``intelligence'' and ``counterintelligence'' have the meaning
given those terms in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(e) Annual Report.--Not later than December 31 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on expenditures made under this section during the
fiscal year preceding the year in which the report is submitted. Each
report shall include, for each expenditure under this section during
the fiscal year covered by such report--
(1) the amount and date of such expenditure;
(2) a detailed description of the purpose for which such
expenditure was made;
(3) an explanation why other authorities available to the
Department of Defense could not be used for such expenditure;
and
(4) any other matters the Secretary considers appropriate.
SEC. 1043. CLARIFICATION OF AUTHORITY OF MILITARY COMMISSIONS UNDER
CHAPTER 47A OF TITLE 10, UNITED STATES CODE, TO PUNISH
CONTEMPT.
(a) Clarification.--
(1) In general.--Subchapter IV of chapter 47A of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 949o-1. Contempt
``(a) Authority to Punish.--(1) With respect to any proceeding
under this chapter, a judicial officer specified in paragraph (2) may
punish for contempt any person who--
``(A) uses any menacing word, sign, or gesture in the
presence of the judicial officer during the proceeding;
``(B) disturbs the proceeding by any riot or disorder; or
``(C) willfully disobeys a lawful writ, process, order,
rule, decree, or command issued with respect to the proceeding.
``(2) A judicial officer referred to in paragraph (1) is any of the
following:
``(A) Any judge of the United States Court of Military
Commission Review.
``(B) Any military judge detailed to a military commission
or any other proceeding under this chapter.
``(b) Punishment.--The punishment for contempt under subsection (a)
may not exceed confinement for 30 days, a fine of $1,000, or both.
``(c) Review.--(1) A punishment under this section--
``(A) is not reviewable by the convening authority of a
military commission under this chapter;
``(B) if imposed by a military judge, shall constitute a
judgment, subject to review in the first instance only by the
United States Court of Military Commission Review and then only
by the United States Court of Appeals for the District of
Columbia Circuit; and
``(C) if imposed by a judge of the United States Court of
Military Commission Review, shall constitute a judgment of the
court subject to review only by the United States Court of
Appeals for the District of Columbia Circuit.
``(2) In reviewing a punishment for contempt imposed under this
section, the reviewing court shall affirm such punishment unless the
court finds that imposing such punishment was an abuse of the
discretion of the judicial officer who imposed such punishment.
``(3) A petition for review of punishment for contempt imposed
under this section shall be filed not later than 60 days after the date
on which the authenticated record upon which the contempt punishment is
based and any contempt proceedings conducted by the judicial officer
are served on the person punished for contempt.
``(d) Punishment Not Conviction.--Punishment for contempt is not a
conviction or sentence within the meaning of section 949m of this
title. The imposition of punishment for contempt is not governed by
other provisions of this chapter applicable to military commissions,
except that the Secretary of Defense may prescribe procedures for
contempt proceedings and punishments, pursuant to the authority
provided in section 949a of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter IV of such chapter is amended by adding
at the end the following new item:
``949o-1. Contempt.''.
(b) Conforming Amendments.--Section 950t of title 10, United States
Code, is amended--
(1) by striking paragraph (31); and
(2) by redesignating paragraph (32) as paragraph (31).
(c) Rule of Construction.--The amendments made by subsections (a)
and (b) shall not be construed to affect the lawfulness of any
punishment for contempt adjudged prior to the effective date of such
amendments.
(d) Applicability.--The amendments made by subsections (a) and (b)
shall take effect on the date of the enactment of this Act, and shall
apply with respect to conduct by a person that occurs on or after such
date.
SEC. 1044. PROHIBITION ON ACTIONS TO INFRINGE UPON FIRST AMENDMENT
RIGHTS OF PEACEABLE ASSEMBLY AND PETITION FOR REDRESS OF
GRIEVANCES.
Amounts authorized to be appropriated by this Act shall not be used
for any program, project, or activity, or any use of personnel, to
conduct actions against United States citizens that infringe upon their
rights under the First Amendment to the Constitution peaceably to
assemble and/or to petition the Government for a redress of grievances.
SEC. 1045. ARCTIC PLANNING, RESEARCH, AND DEVELOPMENT.
(a) Arctic Planning and Implementation.--
(1) In general.--The Secretary of Defense and the Chairman
of the Joint Chiefs of Staff shall begin planning and
implementing such changes as may be necessary for requirements,
training, equipment, doctrine, and capability development of
the Armed Forces should an expanded role of the Armed Forces in
the Arctic be determined by the Secretary to be in the national
security interests of the United States.
(2) Training.--In carrying out paragraph (1), the Secretary
shall direct the Armed Forces to carry out training in the
Arctic or training relevant to carrying out military operations
in the Arctic.
(b) Arctic Research and Development Program.--
(1) In general.--If pursuant to subsection (a), the
Secretary of Defense determines that an expanded role for the
Armed Forces is in the national security interests of the
United States, the Secretary shall establish a research and
development program on the current and future requirements and
needs of the Armed Forces for operations in the Arctic.
(2) Elements.--The program required by paragraph (1) shall
include the following:
(A) Development of materiel solutions for operating
in extreme weather environments of the Arctic,
including equipment for individual members of the Armed
Forces, ground vehicles, and communications systems.
(B) Development of a plan for fielding future
weapons platforms able to operate in Arctic conditions
for surface combatants, submarines, aviation platforms,
assault craft unit connectors, auxiliaries, littoral
craft, unmanned aerial vehicles, and any other systems
that may be needed in the Arctic.
(C) Development of capabilities to monitor, assess,
and predict environmental and weather conditions in the
Arctic and their effect on military operations.
(D) Determining requirements for logistics and
sustainment of the Armed Forces operating in the
Arctic.
SEC. 1046. CONSIDERATION OF SECURITY RISKS IN CERTAIN
TELECOMMUNICATIONS ARCHITECTURE FOR FUTURE OVERSEAS
BASING DECISIONS OF THE DEPARTMENT OF DEFENSE.
The Secretary of Defense shall take into account the security risks
of 5G and 6G telecommunications network architecture, including the use
of telecommunications equipment provided by at-risk vendors such as
Huawei Technologies Company, Ltd., and the Zhongxing Telecommunications
Equipment Corporation (ZTE), in all future overseas stationing
decisions of the Department of Defense, including--
(1) security risks from threats to operational and
information security of United States military personnel and
equipment; and
(2) the sufficiency of potential mitigation by the
Department and the host nation concerned of such security
risks, including through cost-sharing agreements related to
such mitigation.
SEC. 1047. FOREIGN MILITARY TRAINING PROGRAMS.
(a) Short Title.--This section may be cited as the ``Secure United
States Bases Act''.
(b) Definitions.--In this section:
(1) Appropriate defense committees.--The term ``appropriate
defense committees'' means--
(A) the Committee on Armed Services of the Senate;
and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Covered individuals.--The term ``covered individuals''
means any foreign national (except foreign nationals of
Australia, Canada, New Zealand, and the United Kingdom who have
been granted a security clearance that is reciprocally accepted
by the United States for access to classified information)
who--
(A) is seeking physical access to a Department of
Defense installation or facility within the United
States; and
(B)(i) is selected, nominated, or accepted for
training or education for a period of more than 30 days
occurring on a Department of Defense installation or
facility within the United States; or
(ii) is an immediate family member accompanying any
foreign national who has been selected, nominated, or
accepted for such training or education.
(3) Immediate family member.--The term ``immediate family
member'' means--
(A) spouse;
(B) parents and stepparents;
(C) siblings, stepsiblings, and half-siblings; and
(D) children and stepchildren.
(4) United states.--The term ``United States'' means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, and Guam.
(c) Establishment of Vetting Procedures; Monitoring Requirements
for Certain Military Training.--
(1) Establishment of vetting procedures.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense shall establish procedures to vet covered
individuals for eligibility for physical access to
Department of Defense installations and facilities
within the United States, including--
(i) biographic and biometric screening of
covered individuals;
(ii) continuous review of whether covered
individuals should continue to be authorized
such physical access;
(iii) biographic checks of the covered
individual's immediate family members; and
(iv) any other measures that the Secretary
of Defense determines appropriate for vetting.
(B) Information required.--The Secretary of Defense
shall identify the information required to conduct the
vetting.
(C) Collection of information.--The Secretary of
Defense shall--
(i) collect information to vet individuals
under the procedures established under this
subsection; and
(ii) as required for the effective
implementation of this section, shall seek to
enter into agreements with the relevant Federal
departments and agencies to facilitate the
sharing of information in the possession of
such departments and agencies concerning the
covered individuals.
(2) Determination authority.--
(A) Review.--The results of vetting--
(i) will be reviewed within the Department
of Defense by an organization with an assigned
security and counterintelligence mission; and
(ii) will be the basis for that
organization's recommendation regarding whether
physical access should be authorized by the
appropriate authority.
(B) Effect of denial.--If the organization
recommends that a covered individual not be authorized
physical access to Department of Defense installations
and facilities within the United States, such physical
access may only be authorized for such covered
individual by the Secretary of Defense or the Deputy
Secretary of Defense.
(C) Notification.--The Secretary of State shall be
notified of any covered individuals who are not
authorized physical access based on the results of the
vetting under this subsection.
(3) Additional security measures.--Beginning on the date
that is 181 days after the date of the enactment of this Act,
the Secretary of Defense shall--
(A) ensure that all Department of Defense Common
Access Cards issued to foreign nationals in the United
States--
(i) comply with the credentialing standards
issued by the Office of Personnel Management;
and
(ii) include a visual indicator, as
required by the standard developed by the
National Institute of Standards and Technology;
(B) ensure that physical access by covered
individuals is limited, as appropriate, to Department
of Defense installations or facilities within the
United States that are directly associated with their
training or education or necessary to access authorized
benefits;
(C) establish a policy regarding the possession of
firearms on Department of Defense property by covered
individuals; and
(D) ensure that covered individuals who have been
granted physical access are incorporated into the
Department of Defense Insider Threat Program.
(4) Notification.--The Secretary of Defense shall notify
the appropriate congressional committees of the establishment
of the procedures required under paragraph (1).
(d) Reporting Requirements.--
(1) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide a
briefing to the appropriate congressional committees regarding
the establishment of any Department of Defense policy or
guidance related to the implementation of this section.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Defense shall submit a
report to the appropriate congressional committees regarding
the impact and effects of this section, including--
(A) any positive or negative impacts on the
training of foreign military students;
(B) the effectiveness of the vetting procedures
implemented in preventing harm to United States
military personnel or communities;
(C) how any of the negative impacts have been
mitigated; and
(D) a proposed plan to mitigate any ongoing
negative impacts to the vetting and training of foreign
military students by the Department of Defense.
SEC. 1048. REPORTING OF ADVERSE EVENTS RELATING TO CONSUMER PRODUCTS ON
MILITARY INSTALLATIONS.
(a) In General.--The Secretary of Defense shall ensure that any
adverse event related to a consumer product that occurs on a military
installation is reported on the internet website saferproducts.gov.
(b) Definitions.--In this section:
(1) Adverse event.--The term ``adverse event'' means--
(A) any event that indicates that a consumer
product--
(i) fails to comply with an applicable
consumer product safety rule or with a
voluntary consumer product safety standard upon
which the Consumer Product Safety Commission
has relied under section 9 of the Consumer
Product Safety Act (15 U.S.C. 2058);
(ii) fails to comply with any other rule,
regulation, standard, or ban under that Act or
any other Act enforced by the Commission;
(iii) contains a defect which could create
a substantial product hazard described in
section 15(a)(2) of the Consumer Product Safety
Act (15 U.S.C. 2064(a)(2)); or
(iv) creates an unreasonable risk of
serious injury or death; or
(B) any other harm described in subsection
(b)(1)(A) of section 6A of the Consumer Product Safety
Act (15 U.S.C. 2055a) and required to be reported in
the database established under subsection (a) of that
section.
(2) Consumer product.--The term ``consumer product'' has
the meaning given that term in section 3 of the Consumer
Product Safety Act (15 U.S.C. 2052).
SEC. 1049. INCLUSION OF UNITED STATES NAVAL SEA CADET CORPS AMONG YOUTH
AND CHARITABLE ORGANIZATIONS AUTHORIZED TO RECEIVE
ASSISTANCE FROM THE NATIONAL GUARD.
Section 508(d) of title 32, United States Code, is amended--
(1) by redesignating paragraph (14) as paragraph (15); and
(2) by inserting after paragraph (13) the following new
paragraph (14):
``(14) The United States Naval Sea Cadet Corps.''.
SEC. 1050. DEPARTMENT OF DEFENSE POLICY FOR THE REGULATION OF DANGEROUS
DOGS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, through the Veterinary
Service Activity of the Department of Defense, shall establish a
standardized policy applicable across all military communities for the
regulation of dangerous dogs that is--
(1) breed-neutral; and
(2) consistent with advice from professional veterinary and
animal behavior experts in regard to effective regulation of
dangerous dogs.
(b) Regulations.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall prescribe
regulations implementing the policy established under
subsection (a).
(2) Best practices.--The regulations prescribed under
paragraph (1) shall include strategies, for implementation
within all military communities, for the prevention of dog
bites that are consistent with the following best practices:
(A) Enforcement of comprehensive, non-breed-
specific regulations relating to dangerous dogs, with
emphasis on identification of dangerous dog behavior
and chronically irresponsible owners.
(B) Enforcement of animal control regulations, such
as leash laws and stray animal control policies.
(C) Promotion and communication of resources for
pet spaying and neutering.
(D) Investment in community education initiatives,
such as teaching criteria for pet selection, pet care
best practices, owner responsibilities, and safe and
appropriate interaction with dogs.
(c) Military Communities Defined.--In this section, the term
``military communities'' means--
(1) all installations of the Department; and
(2) all military housing, including privatized military
housing under subchapter IV of chapter 169 of title 10, United
States Code.
SEC. 1051. SENSE OF CONGRESS ON THE BASING OF KC-46A AIRCRAFT OUTSIDE
THE CONTIGUOUS UNITED STATES.
It is the sense of Congress that the Secretary of the Air Force, as
part of the strategic basing process for KC-46A aircraft at
installations outside the contiguous United States (OCONUS), should--
(1) consider the benefits derived from basing such aircraft
at locations that--
(A) support day-to-day air refueling operations,
operations plans of multiple combatant commands, and
flexibility for contingency operations;
(B) have--
(i) a strategic location that is essential
to the defense of the United States and its
interests;
(ii) receivers for boom or probe-and-drogue
combat training opportunities with joint and
international partners; and
(iii) sufficient airfield and airspace
availability and capacity to meet requirements;
(C) possess facilities that take full advantage of
existing infrastructure to provide--
(i) runway, hangars, and aircrew and
maintenance operations; and
(ii) sufficient fuel receipt, storage, and
distribution for 5-day peacetime operating
stock; and
(D) minimize overall construction and operational
costs;
(2) prioritize United States responsiveness and flexibility
to continued long-term great power competition and other major
threats, as outlined in the 2017 National Security Strategy and
the 2018 National Defense Strategy; and
(3) take into account the advancement of adversary weapons
systems, with respect to both capacity and range.
SEC. 1052. EFFICIENT USE OF SENSITIVE COMPARTMENTED INFORMATION
FACILITIES.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence, in consultation with the
Secretary of Defense, shall issue revised guidance authorizing and
directing Government agencies and their appropriately cleared
contractors to process, store, use, and discuss sensitive compartmented
information (SCI) at facilities previously approved to handle such
information, without need for further approval by agency or by site.
Such guidance shall apply to controlled access programs of the
intelligence community and to special access programs of the Department
of Defense.
SEC. 1053. ASSISTANCE FOR FARMER AND RANCHER STRESS AND MENTAL HEALTH
OF INDIVIDUALS IN RURAL AREAS.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of Agriculture.
(b) Findings.--Congress finds that--
(1) according to the Centers for Disease Control and
Prevention, the suicide rate is 45 percent greater in rural
areas of the United States than the suicide rate in urban areas
of the United States;
(2) farmers face social isolation, the potential for
financial losses, barriers to seeking mental health services,
and access to lethal means to commit suicide; and
(3) as commodity prices fall and farmers face uncertainty,
reports of farmer suicides are increasing.
(c) Public Service Announcement Campaign to Address Farm and Ranch
Mental Health.--
(1) In general.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall carry out a
public service announcement campaign to address the mental
health of farmers and ranchers.
(2) Requirements.--The public service announcement campaign
under paragraph (1) shall include television, radio, print,
outdoor, and digital public service announcements.
(3) Contractor.--The Secretary may enter into a contract or
other agreement with a third party to carry out the public
service announcement campaign under paragraph (1).
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $3,000,000, to remain available until expended.
(d) Employee Training Program to Manage Farmer and Rancher
Stress.--
(1) In general.--Subtitle A of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6912 et seq.)
is amended by adding at the end the following:
``SEC. 224B. EMPLOYEE TRAINING PROGRAM TO MANAGE FARMER AND RANCHER
STRESS.
``(a) In General.--The Secretary shall establish a voluntary
program to train employees of the Farm Service Agency, the Risk
Management Agency, and the Natural Resources Conservation Service in
the management of stress experienced by farmers and ranchers, including
the detection of stress and suicide prevention.
``(b) Requirement.--Not later than 180 days after the date on which
the Secretary submits a report on the results of the pilot program
being carried out by the Secretary as of the date of enactment of this
section to train employees of the Department in the management of
stress experienced by farmers and ranchers, and based on the
recommendations contained in that report, the Secretary shall develop a
training program to carry out subsection (a).
``(c) Report.--Not less frequently than once every 2 years, the
Secretary shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing the implementation of this
section.''.
(2) Conforming amendments.--
(A) Subtitle A of the Department of Agriculture
Reorganization Act of 1994 is amended by redesignating
section 225 (7 U.S.C. 6925) as section 224A.
(B) Section 296(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)) is
amended by adding at the end the following:
``(11) The authority of the Secretary to carry out section
224B.''.
(e) Task Force for Assessment of Causes of Mental Stress and Best
Practices for Response.--
(1) In general.--The Secretary shall convene a task force
of agricultural and rural stakeholders at the national, State,
and local levels--
(A) to assess the causes of mental stress in
farmers and ranchers; and
(B) to identify best practices for responding to
that mental stress.
(2) Submission of report.--Not later than 1 year after the
date of enactment of this Act, the task force convened under
paragraph (1) shall submit to the Secretary a report containing
the assessment and best practices under subparagraphs (A) and
(B), respectively, of that paragraph.
(3) Collaboration.--In carrying out this subsection, the
task force convened under paragraph (1) shall collaborate with
nongovernmental organizations and State and local agencies.
SEC. 1054. ADDITIONAL CONDITIONS AND LIMITATIONS ON THE TRANSFER OF
DEPARTMENT OF DEFENSE PROPERTY FOR LAW ENFORCEMENT
ACTIVITIES.
(a) Additional Training of Recipient Agency Personnel Required.--
Subsection (b)(6) of section 2576a of title 10, United States Code, is
amended by inserting before the period at the end the following: ``,
including respect for the rights of citizens under the Constitution of
the United States and de-escalation of force''.
(b) Certain Property Not Transferrable.--Such section is further
amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(d) Property Not Transferrable.--The Secretary may not transfer
to a Tribal, State, or local law enforcement agency under this section
the following:
``(1) Bayonets.
``(2) Grenades (other than stun and flash-bang grenades).
``(3) Weaponized tracked combat vehicles.
``(4) Weaponized drones.''.
Subtitle F--Studies and Reports
SEC. 1061. REPORT ON POTENTIAL IMPROVEMENTS TO CERTAIN MILITARY
EDUCATIONAL INSTITUTIONS OF THE DEPARTMENT OF DEFENSE.
(a) Report Required.--
(1) In general.--Not later than December 1, 2021, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report setting forth the results of a review and assessment,
obtained by the Secretary for purposes of the report, of the
potential effects on the military education provided by the
educational institutions of the Department of Defense specified
in subsection (b) of the actions described in subsection (c).
(2) Conducting organization.--The review and assessment
required for purposes of the report shall be performed by an
organization selected by the Secretary from among organizations
independent of the Department that have expertise in the
analysis of matters in connection with higher education.
(b) Educational Institutions of the Department of Defense.--The
educational institutions of the Department of Defense specified in this
subsection are the following:
(1) The senior level service schools and intermediate level
service schools (as such terms are defined in section 2151(b)
of title 10, United States Code).
(2) The Air Force Institute of Technology.
(3) The National Defense University.
(4) The Joint Special Operations University.
(5) The Army Armament Graduate School.
(6) Any other military educational institution of the
Department specified by the Secretary for purposes of this
section.
(c) Actions.--The actions described in this subsection with respect
to the educational institutions of the Department of Defense specified
in subsection (b) are the following:
(1) Modification of admission and graduation requirements.
(2) Expansion of use of case studies in curricula for
professional military education.
(3) Reduction or expansion of degree-granting authority.
(4) Reduction or expansion of the acceptance of research
grants.
(5) Reduction of the number of attending students
generally.
(6) Modification of military personnel career milestones in
order to prioritize instructor positions.
(7) Increase in educational and performance requirements
for military personnel selected to be instructors.
(8) Expansion of ``visiting'' or ``adjunct'' faculty.
(9) Modification of civilian faculty management practices,
including employment practices.
(10) Reduction of the number of attending students through
the sponsoring of education of an increased number of students
at non-Department of Defense institutions of higher education.
(11) Modification of enlisted personnel management and
career milestones to increase attendance at non-Department of
Defense institutions of higher education
(d) Additional Elements.--In addition to the matters described in
subsection (a), the review and report under this section shall also
include the following:
(1) A comparison of admission standards and graduation
requirements of the educational institutions of the Department
of Defense specified in subsection (b) with admission standards
and graduation requirements of public and private institutions
of higher education that are comparable to the educational
institutions of the Department of Defense.
(2) A comparison of the goals and missions of the
educational institutions of the Department of Defense specified
in subsection (b) with the goals and missions of such public
and private institutions of higher education.
(3) Any other matters the Secretary considers appropriate
for purposes of this section.
(e) JCS Evaluation of Review and Assessment.--Not later than 90
days after the date on which the report required by subsection (a) is
submitted to Congress, the Chairman of the Joint Chiefs of Staff shall,
in consultation with the other members of the Joint Chiefs of Staff,
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report setting forth any evaluation by the Joint
Chiefs of Staff of the review and assessment covered by the report
under subsection (a).
SEC. 1062. REPORTS ON STATUS AND MODERNIZATION OF THE NORTH WARNING
SYSTEM.
(a) Report on Status.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
status of the North Warning System.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description and assessment of the status and
operational integrity of the infrastructure of the
North Warning System.
(B) An assessment of the technology currently used
by the North Warning System compared with the
technology considered necessary by the Commander of the
North American Aerospace Defense Command to detect
current and anticipated threats.
(C) An assessment of the infrastructure and ability
of the Alaska Radar System to integrate into the
broader North Warning System.
(D) An assessment of the ability of the North
Warning System to integrate with current and
anticipated space-based sensor platforms.
(b) Report on Plan for Modernization.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth a plan
for the modernization of the capabilities provided by the
current North Warning System.
(2) Elements.--The plan under paragraph (1) shall include
the following:
(A) A detailed timeline for the modernization of
the North Warning System based on the status of the
system as reported pursuant to subsection (a).
(B) The technological advancements necessary for
ground-based North Warning System sites to address
current and anticipated threats (as specified by the
Commander of the North American Aerospace Defense
Command).
(C) An assessment of the number of future North
Warning System sites required in order to address
current and anticipated threats (as so specified).
(D) Any new or complementary technologies required
to accomplish the mission of the North Warning System.
(E) The cost and schedule, by year, of the plan.
SEC. 1063. STUDIES ON THE FORCE STRUCTURE FOR MARINE CORPS AVIATION.
(a) Studies Required.--The Secretary of Defense shall provide for
performance of three studies on the force structure for Marine Corps
aviation through 2030.
(b) Responsibility for Studies.--One of the three studies performed
pursuant to subsection (a) shall be performed by each of the following:
(1) The Secretary of the Navy, in consultation with the
Commandant of the Marine Corps.
(2) An appropriate Federally funded research and
development center (FFRDC), as selected by the Secretary for
purposes of this section.
(3) An appropriate organization described in section
501(c)(3) of the Internal Revenue Code of 1986 which is exempt
from taxation under section 501(a) of such code, as selected by
the Secretary for purposes of this section.
(c) Performance.--
(1) Independent performance.--Each study performed pursuant
to subsection (a) shall be performed independently of each
other such study,
(2) Matters to be considered.--In performing a study
pursuant to subsection, the officer or entity performing the
study take into account, within the context of the current
force structure for Marine Corps aviation, the following:
(A) The 2018 National Defense Strategy and the 2018
National Military Strategy.
(B) The Marine Corps Force Design 2030.
(C) Potential roles and missions for Marine Corps
aviation given new operating concepts for the Marine
Corps.
(D) The potential for increased requirements for
survivable and dispersed strike aircraft.
(E) The potential for increased requirements for
tactical or intratheater lift, amphibious lift, or
surface connectors.
(d) Study Results.--The results of each study performed pursuant to
subsection (a) shall include the following:
(1) The various force structures for Marine Corps aviation
through 2030 considered under such study, together with the
assumptions and possible scenarios identified for each such
force structure.
(2) A recommendation for the force structure for Marine
Corps aviation through 2030, including the following in
connection with such force structure:
(A) Numbers and type of aviation assets, numbers
and types of associated unmanned assets, and basic
capabilities of each such asset.
(B) A description and assessment of the deviation
of such force structure from the most recent Marine
Corps Aviation Plan.
(C) Any other information required for assessment
of such force structure, including supporting analysis.
(3) A presentation and discussion of minority views among
participants in such study.
(e) Report.--
(1) In general.--Not later than April 1, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report setting forth the results of each study
performed pursuant to subsection (a).
(2) Form.--The report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1064. STUDY ON UNEMPLOYMENT RATE OF FEMALE VETERANS WHO SERVED ON
ACTIVE DUTY IN THE ARMED FORCES AFTER SEPTEMBER 11, 2001.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
in consultation with the Bureau of Labor Statistics of the
Department of Labor, shall conduct a study on why Post-9/11
Veterans who are female are at higher risk of unemployment than
all other groups of female veterans and their non-veteran
counterparts.
(2) Conduct of study.--
(A) In general.--The Secretary shall conduct the
study under paragraph (1) primarily through the Center
for Women Veterans under section 318 of title 38,
United States Code.
(B) Consultation.--In carrying out the study
conducted under paragraph (1), the Secretary may
consult with--
(i) other Federal agencies, such as the
Department of Defense, the Office of Personnel
Management, and the Small Business
Administration;
(ii) foundations; and
(iii) entities in the private sector.
(3) Elements of study.--The study conducted under paragraph
(1) shall include, with respect to Post-9/11 Veterans who are
female, at a minimum, an analysis of the following:
(A) Rank at time of separation from the Armed
Forces.
(B) Geographic location upon such separation.
(C) Educational level upon such separation.
(D) The percentage of such veterans who enrolled in
an education or employment training program of the
Department of Veterans Affairs or the Department of
Labor after such separation.
(E) Industries that have employed such veterans.
(F) Military occupational specialties available to
such veterans.
(G) Barriers to employment of such veterans.
(H) Causes to fluctuations in employment of such
veterans.
(I) Current employment training programs of the
Department of Veterans Affairs or the Department of
Labor that are available to such veterans.
(J) Economic indicators that impact unemployment of
such veterans.
(K) Health conditions of such veterans that could
impact employment.
(L) Whether there are differences in the analyses
conducted under subparagraphs (A) through (K) based on
the race of such veteran.
(M) The difference between unemployment rates of
Post-9/11 Veterans who are female compared to
unemployment rates of Post-9/11 Veterans who are male,
including an analysis of potential causes of such
difference.
(b) Report.--
(1) In general.--Not later than 90 days after completing
the study under subsection (a), the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives
a report on such study.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The analyses conducted under subsection (a)(3).
(B) A description of the methods used to conduct
the study under subsection (a).
(C) Such other matters relating to the unemployment
rates of Post-9/11 Veterans who are female as the
Secretary considers appropriate.
(c) Post-9/11 Veteran Defined.--In this section, the term ``Post-9/
11 Veteran'' means a veteran who served on active duty in the Armed
Forces on or after September 11, 2001.
SEC. 1065. REPORT ON GREAT LAKES AND INLAND WATERWAYS SEAPORTS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives containing
the results of the review and an explanation of the methodology
used for the review conducted pursuant to subsection (b)
regarding the screening practices for foreign cargo arriving at
seaports on the Great Lakes and inland waterways.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, to the maximum extent possible,
but may include a classified annex, if necessary.
(b) Scope of Review.--
(1) Seaport selection.--In selecting seaports on inland
waterways to include in the review under this subsection, the
Secretary of Homeland Security shall ensure that the inland
waterways seaports are--
(A) equal in number to the Great Lakes seaports
included in the review;
(B) comparable to Great Lakes seaports included in
the review, as measured by number of imported shipments
arriving at the seaport each year; and
(C) covered by at least the same number of Field
Operations offices as the Great Lakes seaports included
in the review, but are not covered by the same Field
Operations offices as such Great Lakes seaports.
(2) Elements.--The Secretary of Homeland Security shall
conduct a review of all Great Lakes and selected inland
waterways seaports that receive international cargo--
(A) to determine, for each such seaport--
(i) the current screening capability,
including the types and numbers of screening
equipment and whether such equipment is
physically located at a seaport or assigned and
available in the area and made available to
use;
(ii) the number of U.S. Customs and Border
Protection personnel assigned from a Field
Operations office, broken out by role;
(iii) the expenditures for procurement and
overtime incurred by U.S. Customs and Border
Protection during the most recent fiscal year;
(iv) the types of cargo received, such as
containerized, break-bulk, and bulk;
(v) the legal entity that owns the seaport;
(vi) a description of U.S. Customs and
Border Protection's use of space at the
seaport, including--
(I) whether U.S. Customs and Border
Protection or the General Services
Administration owns or leases any
facilities; and
(II) if U.S. Customs and Border
Protection is provided space at the
seaport, a description of such space,
including the number of workstations;
and
(vii) the current cost-sharing arrangement
for screening technology or reimbursable
services;
(B) to identify, for each Field Operations office--
(i) any ports of entry that are staffed
remotely from service ports;
(ii) the distance of each such service port
from the corresponding ports of entry; and
(iii) the number of officers and the types
of equipment U.S. Customs and Border Protection
utilizes to screen cargo entering or exiting
through such ports; and
(C) that includes a threat assessment of incoming
containerized and noncontainerized cargo at Great Lakes
seaports and selected inland waterways seaports.
SEC. 1066. REPORT ON THE CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM OF THE
DEPARTMENT OF DEFENSE.
(a) Report Required.--Not later than 60 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 Chemical and
Biological Defense Program of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the significance of the Chemical and
Biological Defense Program within the 2018 National Defense
Strategy.
(2) A description and assessment of the threats the
Chemical and Biological Defense Program is designed to address.
(3) An assessment of the capacity of current Chemical and
Biological Defense Program facilities to complete their
missions if funding levels for the Program are reduced.
(4) An estimate of the length of time required to return
the Chemical and Biological Defense Program to its current
capacity if funding levels reduced for the Program as described
in paragraph (3) are restored.
(5) An assessment of the threat posed to members of the
Armed Forces as a result of a reduction in testing of gear for
field readiness by the Chemical and Biological Defense Program
by reason of reduced funding levels for the Program.
(6) A description and assessment of the necessity of Non
Traditional Agent Defense Testing under the Chemical and
Biological Defense Program for Individual Protection Systems,
Collective Protection Systems, field decontamination systems,
and chemical agent detectors.
(c) Form.--The report required by subsection (a) shall be submitted
in classified form, available for review by any Member of Congress, but
shall include an unclassified summary.
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.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the results of a study,
conducted by the Secretary for purposes of the report, on the
feasibility and advisability of making round-the-clock childcare
available for children of members of the Armed Forces and civilian
employees of the Department of Defense who works on rotating shifts at
military installations.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) The results of the study described in that subsection.
(2) If the Secretary determines that making round-the-clock
childcare available as described in subsection (a) is feasible
and advisable, such matters as the Secretary considers
appropriate in connection with making such childcare available,
including--
(A) an identification of the installations at which
such childcare would be beneficial to members of the
Armed Forces, civilian employees of the Department, or
both;
(B) an identification of any barriers to making
such childcare available at the installations
identified pursuant to subparagraph (A);
(C) an assessment whether the childcare needs of
members of the Armed Forces and civilian employees of
the Department described in subsection (a) would be
better met by an increase in assistance for childcare
fees;
(D) a description and assessment of the actions, if
any, being taken to make such childcare available at
the installations identified pursuant to subparagraph
(A); and
(E) such recommendations for legislative or
administrative action as the Secretary considers
appropriate to make such childcare available at the
installations identified pursuant to subparagraph (A),
or at any other military installations.
Subtitle G--Other Matters
SEC. 1081. DEPARTMENT OF DEFENSE STRATEGIC ARCTIC PORTS.
(a) Report.--Not later than March 1, 2021, the Secretary of Defense
shall submit to the congressional defense committees a report setting
forth an updated assessment of the estimated cost of constructing,
maintaining, and operating a strategic port in the Arctic at each
potential site evaluated in the report pursuant to section 1752(b) of
the National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92). The report under this subsection shall include, for each
potential site at which construction of such a port could be completed
by 2030, an estimate of the number of days per year that such port
would be usable by vessels of the Navy and the Coast Guard.
(b) Designation of Strategic Arctic Ports.--Not later than 90 days
after the date on which the report required by subsection (a) is
submitted, the Secretary of Defense may, in consultation with the
Chairman of the Joint Chiefs of Staff, the Commanding General of the
United States Army Corps of Engineers, the Commandant of the Coast
Guard, and the Administrator of the Maritime Administration, designate
one or more ports as Department of Defense Strategic Arctic Ports from
the sites identified in the report referred to in subsection (a).
(c) Rule of Construction.--Nothing in this section may be construed
to authorize any additional appropriations for the Department of
Defense for the establishment of any port designated pursuant to this
section.
(d) Arctic Defined.--In this section, the term ``Arctic'' has the
meaning given that term in section 112 of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4111).
SEC. 1082. PERSONAL PROTECTIVE EQUIPMENT MATTERS.
(a) Briefings on Fielding of Newest Generations of PPE to the Armed
Forces.--
(1) Briefings required.--Not later than January 31, 2021,
each Secretary of a military department shall submit to
Congress a briefing on the fielding of the newest generations
of personal protective equipment (PPE) to the Armed Forces
under the jurisdiction of such Secretary.
(2) Elements.--Each briefing under paragraph (1) shall
include, for each Armed Force covered by such briefing, the
following:
(A) A description and assessment of the fielding of
newest generations of personal protective equipment to
members of such Armed Force, including the following:
(i) The number (aggregated by total number
and by sex) of members of such Armed Force
issued the Army Soldiers Protective System and
the Modular Scalable Vest Generation II body
armor as of December 31, 2020.
(ii) The number (aggregated by total number
and by sex) of members of such Armed Force
issued Marine Corps Plate Carrier Generation
III (PC Gen III) body armor as of that date.
(iii) The number (aggregated by total
number and by sex) of members of such Armed
Force fitted with legacy personal protective
equipment as of that date.
(B) A description and assessment of the barriers,
if any, to the fielding of such generations of
equipment to such members.
(C) A description and assessment of challenges in
the fielding of such generations of equipment to such
members, including cost overruns, contractor delays,
and other challenges.
(b) System for Tracking Data on Injuries Among Members of the Armed
Forces in Use of Newest Generation PPE.--
(1) System required.--
(A) In general.--The Director of the Defense Health
Agency (DHA) shall develop and maintain a system for
tracking data on injuries among members of the Armed
Forces in and during the use of newest generation
personal protective equipment.
(B) Scope of system.--The system required by this
paragraph may, at the election of the Director, be new
for purposes of this subsection or within or a
modification of an appropriate existing system (such as
the Defense Occupational And Environmental Health
Readiness System (DOEHRS)).
(2) Briefing.--Not later than January 31, 2025, the
Director shall submit to Congress a briefing on the prevalence
among members of the Armed Forces of preventable injuries
attributable to ill-fitting or malfunctioning personal
protective equipment.
(c) Assessments of Members of the Armed Forces of Injuries Incurred
in Connection With Ill-fitting or Malfunctioning PPE.--
(1) In general.--Each health assessment specified in
paragraph (2) that is undertaken after the date of the
enactment of this Act shall include the following:
(A) One or more questions on whether members
incurred an injury in connection with ill-fitting or
malfunctioning personal protective equipment during the
period covered by such assessment, including the nature
of such injury.
(B) In the case members who have so incurred such
an injury, one or more elements of self-evaluation of
such injury by such members for purposes of
facilitating timely documentation and enhanced
monitoring of such members and injuries.
(2) Assessments.--The health assessments specified in this
paragraph are the following:
(A) The annual Periodic Health Assessment (PHA) of
members of the Armed Forces.
(B) The post-deployment health assessment of
members of the Armed Forces.
SEC. 1083. ESTIMATE OF DAMAGES FROM FEDERAL COMMUNICATIONS COMMISSION
ORDER 20-48.
(a) Limitation, Estimate, and Certification.--None of the funds
authorized to be appropriated by this Act for fiscal year 2021 may be
used by the Secretary of Defense to comply with the Order and
Authorization adopted by the Federal Communications Commission on April
19, 2020 (FCC 20-48) until the Secretary--
(1) submits to the congressional defense committees an
estimate of the extent of covered costs and the range of
eligible reimbursable costs associated with interference
resulting from such order and authorization to the Global
Positioning System of the Department of Defense; and
(2) certifies to the congressional defense committees that
the estimate submitted under paragraph (1) is accurate with a
high degree of certainty.
(b) Covered Costs.--For purposes of this section, covered costs
include costs that would be incurred--
(1) to upgrade, repair, or replace potentially affected
receivers of the Federal Government;
(2) to modify, repair, or replace equipment, spares,
associated ancillary equipment, software, facilities, operating
manuals, training, or compliance with regulations, including
with regard to the underlying platform or system in which a
capability of the Global Positioning System is embedded; and
(3) for personnel of the Department to engineer, validate,
and verify that any required remediation provides the
Department with the same operational capability for the
affected system prior to terrestrial operation in the 1525 to
1559 megahertz or 1626.5 to 1660.5 megahertz bands of
electromagnetic spectrum.
(c) Range of Eligible Reimbursable Costs.--For purposes of this
section, the range of eligible reimbursable costs includes--
(1) costs associated with engineering, equipment, software,
site acquisition, and construction;
(2) any transaction expense that the Secretary determines
is legitimate and prudent;
(3) costs relating to term-limited Federal civil servant
and contractor staff; and
(4) the costs of research, engineering studies, or other
expenses the Secretary determines reasonably incurred.
SEC. 1084. MODERNIZATION EFFORT.
(a) Definitions.--In this section--
(1) the term ``Assistant Secretary'' means the Assistant
Secretary of Commerce for Communications and Information;
(2) the term ``covered agency''--
(A) means any Federal entity that the Assistant
Secretary determines is appropriate; and
(B) includes the Department of Defense;
(3) the term ``Federal entity'' has the meaning given the
term in section 113(l) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 923(l));
(4) the term ``Federal spectrum'' means frequencies
assigned on a primary basis to a covered agency;
(5) the term ``infrastructure'' means information
technology systems and information technologies, tools, and
databases; and
(6) the term ``NTIA'' means the National Telecommunications
and Information Administration.
(b) Initial Interagency Spectrum Information Technology
Coordination.--Not later than 90 days after the date of enactment of
this Act, the Assistant Secretary, in consultation with the Policy and
Plans Steering Group, shall identify a process to establish goals,
including parameters to measure the achievement of those goals, for the
modernization of the infrastructure of covered agencies relating to
managing the use of Federal spectrum by those agencies, which shall
include--
(1) the standardization of data inputs, modeling
algorithms, modeling and simulation processes, analysis tools
with respect to Federal spectrum, assumptions, and any other
tool to ensure interoperability and functionality with respect
to that infrastructure;
(2) other potential innovative technological capabilities
with respect to that infrastructure, including cloud-based
databases, artificial intelligence technologies, automation,
and improved modeling and simulation capabilities;
(3) ways to improve the management of covered agencies' use
of Federal spectrum through that infrastructure, including by--
(A) increasing the efficiency of that
infrastructure;
(B) addressing validation of usage with respect to
that infrastructure;
(C) increasing the accuracy of that infrastructure;
(D) validating models used by that infrastructure;
and
(E) monitoring and enforcing requirements that are
imposed on covered agencies with respect to the use of
Federal spectrum by covered agencies;
(4) ways to improve the ability of covered agencies to meet
mission requirements in congested environments with respect to
Federal spectrum, including as part of automated adjustments to
operations based on changing conditions in those environments;
(5) the creation of a time-based automated mechanism--
(A) to share Federal spectrum between covered
agencies to collaboratively and dynamically increase
access to Federal spectrum by those agencies; and
(B) that could be scaled across Federal spectrum;
and
(6) the collaboration between covered agencies necessary to
ensure the interoperability of Federal spectrum.
(c) Spectrum Information Technology Modernization.--
(1) In general.--Not later than 240 days after the date of
enactment of this Act, the Assistant Secretary shall submit to
Congress a report that contains the plan of the NTIA to
modernize and automate the infrastructure of the NTIA relating
to managing the use of Federal spectrum by covered agencies so
as to more efficiently manage that use.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) an assessment of the current, as of the date on
which the report is submitted, infrastructure of the
NTIA described in that paragraph;
(B) an acquisition strategy for the modernized
infrastructure of the NTIA described in that paragraph,
including how that modernized infrastructure will
enable covered agencies to be more efficient and
effective in the use of Federal spectrum;
(C) a timeline for the implementation of the
modernization efforts described in that paragraph;
(D) plans detailing how the modernized
infrastructure of the NTIA described in that paragraph
will--
(i) enhance the security and reliability of
that infrastructure so that such infrastructure
satisfies the requirements of subchapter II of
chapter 35 of title 44, United States Code;
(ii) improve data models and analysis tools
to increase the efficiency of the spectrum use
described in that paragraph;
(iii) enhance automation and workflows, and
reduce the scope and level of manual effort, in
order to--
(I) administer the management of
the spectrum use described in that
paragraph; and
(II) improve data quality and
processing time; and
(iv) improve the timeliness of spectrum
analyses and requests for information,
including requests submitted pursuant to
section 552 of title 5, United States Code;
(E) an operations and maintenance plan with respect
to the modernized infrastructure of the NTIA described
in that paragraph;
(F) a strategy for coordination between the covered
agencies within the Policy and Plans Steering Group,
which shall include--
(i) a description of--
(I) those coordination efforts, as
in effect on the date on which the
report is submitted; and
(II) a plan for coordination of
those efforts after the date on which
the report is submitted, including with
respect to the efforts described in
subsection (d);
(ii) a plan for standardizing--
(I) electromagnetic spectrum
analysis tools;
(II) modeling and simulation
processes and technologies; and
(III) databases to provide
technical interference assessments that
are usable across the Federal
Government as part of a common spectrum
management infrastructure for covered
agencies;
(iii) a plan for each covered agency to
implement a modernization plan described in
subsection (d)(1) that is tailored to the
particular timeline of the agency;
(G) identification of manually intensive processes
involved in managing Federal spectrum and proposed
enhancements to those processes;
(H) metrics to evaluate the success of the
modernization efforts described in that paragraph and
any similar future efforts; and
(I) an estimate of the cost of the modernization
efforts described in that paragraph and any future
maintenance with respect to the modernized
infrastructure of the NTIA described in that paragraph,
including the cost of any personnel and equipment
relating to that maintenance.
(d) Interagency Inputs.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the head of each covered agency shall
submit to the Assistant Secretary and the Policy and Plans
Steering Group a report that describes the plan of the agency
to modernize the infrastructure of the agency with respect to
the use of Federal spectrum by the agency so that such
modernized infrastructure of the agency is interoperable with
the modernized infrastructure of the NTIA, as described in
subsection (c).
(2) Contents.--Each report submitted by the head of a
covered agency under paragraph (1) shall--
(A) include--
(i) an assessment of the current, as of the
date on which the report is submitted,
management capabilities of the agency with
respect to the use of frequencies that are
assigned to the agency, which shall include a
description of any challenges faced by the
agency with respect to that management;
(ii) a timeline for completion of the
modernization efforts described in that
paragraph; and
(iii) a description of potential innovative
technological capabilities for the management
of frequencies that are assigned to the agency,
as determined under subsection (b);
(iv) identification of agency-specific
requirements or constraints relating to the
infrastructure of the agency;
(v) identification of any existing, as of
the date on which the report is submitted,
systems of the agency that are duplicative of
the modernized infrastructure of the NTIA, as
proposed under subsection (c); and
(vi) with respect to the report submitted
by the Secretary of Defense--
(I) a strategy for the integration
of systems or the flow of data among
the Armed Forces, the military
departments, the Defense Agencies and
Department of Defense Field Activities,
and other components of the Department
of Defense;
(II) a plan for the implementation
of solutions to the use of Federal
spectrum by the Department of Defense
involving information at multiple
levels of classification; and
(III) a strategy for addressing,
within the modernized infrastructure of
the Department of Defense described in
that paragraph, the exchange of
information between the Department of
Defense and the NTIA in order to
accomplish required processing of all
Department of Defense domestic spectrum
coordination and management activities;
and
(B) be submitted in an unclassified format, with a
classified annex, as appropriate.
(3) Notification of congress.--Upon submission of the
report required under paragraph (1), the head of each covered
agency shall notify Congress that the head of the covered
agency has submitted the report.
(e) GAO Oversight.--The Comptroller General of the United States
shall--
(1) not later than 90 days after the date of enactment of
this Act, conduct a review of the infrastructure of covered
agencies, as that infrastructure exists on the date of
enactment of this Act;
(2) after all of the reports required under subsection (d)
have been submitted, conduct oversight of the implementation of
the modernization plans submitted by the NTIA and covered
agencies under subsections (c) and (d), respectively;
(3) not later than 1 year after the date on which the
Comptroller General begins conducting oversight under paragraph
(2), and annually thereafter, submit a report regarding that
oversight to--
(A) with respect to the implementation of the
modernization plan of the Department of Defense, the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives; and
(B) with respect to the implementation of the
modernization plans of all covered agencies, including
the Department of Defense, the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives; and
(4) provide regular briefings to--
(A) with respect to the application of this section
to the Department of Defense, the Committee on Armed
Services of the Senate and the Committee on Armed
Services of the House of Representatives; and
(B) with respect to the application of this section
to all covered agencies, including the Department of
Defense, the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives.
SEC. 1085. SENSE OF SENATE ON GOLD STAR FAMILIES REMEMBRANCE WEEK.
(a) Findings.--The Senate makes the following findings:
(1) The last Sunday in September--
(A) is designated as ``Gold Star Mother's Day''
under section 111 of title 36, United States Code; and
(B) was first designated as ``Gold Star Mother's
Day'' under the Joint Resolution entitled ``Joint
Resolution designating the last Sunday in September as
`Gold Star Mother's Day', and for other purposes'',
approved June 23, 1936 (49 Stat. 1895).
(2) There is no date dedicated to families affected by the
loss of a loved one who died in service to the United States.
(3) A gold star symbolizes a family member who died in the
line of duty while serving in the Armed Forces.
(4) The members and veterans of the Armed Forces, through
their service, bear the burden of protecting the freedom of the
people of the United States.
(5) The selfless example of the service of the members and
veterans of the Armed Forces, as well as the sacrifices made by
the families of those individuals, inspires all individuals in
the United States to sacrifice and work diligently for the good
of the United States.
(6) The sacrifices of the families of the fallen members of
the Armed Forces and the families of veterans of the Armed
Forces should never be forgotten.
(b) Sense of the Senate.--It is the sense of the Senate that the
Senate--
(1) designates the week of September 20 through September
26, 2020, as ``Gold Star Families Remembrance Week'';
(2) honors and recognizes the sacrifices made by--
(A) the families of members of the Armed Forces who
made the ultimate sacrifice in order to defend freedom
and protect the United States; and
(B) the families of veterans of the Armed Forces;
and
(3) encourages the people of the United States to observe
Gold Star Families Remembrance Week by--
(A) performing acts of service and good will in
their communities; and
(B) celebrating families in which loved ones made
the ultimate sacrifice so that others could continue to
enjoy life, liberty, and the pursuit of happiness.
SEC. 1086. CONTINUITY OF THE ECONOMY PLAN.
(a) Requirement.--
(1) In general.--The President shall develop and maintain a
plan to maintain and restore the economy of the United States
in response to a significant event.
(2) Principles.--The plan required under paragraph (1)
shall--
(A) be consistent with--
(i) a free market economy; and
(ii) the rule of law; and
(B) respect private property rights.
(3) Contents.--The plan required under paragraph (1)
shall--
(A) examine the distribution of goods and services
across the United States necessary for the reliable
functioning of the United States during a significant
event;
(B) identify the economic functions of relevant
actors, the disruption, corruption, or dysfunction of
which would have a debilitating effect in the United
States on--
(i) security;
(ii) economic security;
(iii) defense readiness; or
(iv) public health or safety;
(C) identify the critical distribution mechanisms
for each economic sector that should be prioritized for
operation during a significant event, including--
(i) bulk power and electric transmission
systems;
(ii) national and international financial
systems, including wholesale payments, stocks,
and currency exchanges;
(iii) national and international
communications networks, data-hosting services,
and cloud services;
(iv) interstate oil and natural gas
pipelines; and
(v) mechanisms for the interstate and
international trade and distribution of
materials, food, and medical supplies,
including road, rail, air, and maritime
shipping;
(D) identify economic functions of relevant actors,
the disruption, corruption, or dysfunction of which
would cause--
(i) catastrophic economic loss;
(ii) the loss of public confidence; or
(iii) the widespread imperilment of human
life;
(E) identify the economic functions of relevant
actors that are so vital to the economy of the United
States that the disruption, corruption, or dysfunction
of those economic functions would undermine response,
recovery, or mobilization efforts during a significant
event;
(F) incorporate, to the greatest extent
practicable, the principles and practices contained
within Federal plans for the continuity of Government
and continuity of operations;
(G) identify--
(i) industrial control networks on which
the interests of national security outweigh the
benefits of dependence on internet
connectivity, including networks that are
required to maintain defense readiness; and
(ii) for each industrial control network
described in clause (i), the most feasible and
optimal locations for the installation of--
(I) parallel services;
(II) stand-alone analog services;
and
(III) services that are otherwise
hardened against failure;
(H) identify critical economic sectors for which
the preservation of data in a protected, verified, and
uncorrupted status would be required for the quick
recovery of the economy of the United States in the
face of a significant disruption following a
significant event;
(I) include a list of raw materials, industrial
goods, and other items, the absence of which would
significantly undermine the ability of the United
States to sustain the functions described in
subparagraphs (B), (D), and (E);
(J) provide an analysis of supply chain
diversification for the items described in subparagraph
(I) in the event of a disruption caused by a
significant event;
(K) include--
(i) a recommendation as to whether the
United States should maintain a strategic
reserve of 1 or more of the items described in
subparagraph (I); and
(ii) for each item described in
subparagraph (I) for which the President
recommends maintaining a strategic reserve
under clause (i), an identification of
mechanisms for tracking inventory and
availability of the item in the strategic
reserve;
(L) identify mechanisms in existence on the date of
enactment of this Act and mechanisms that can be
developed to ensure that the swift transport and
delivery of the items described in subparagraph (I) is
feasible in the event of a distribution network
disturbance or degradation, including a distribution
network disturbance or degradation caused by a
significant event;
(M) include guidance for determining the
prioritization for the distribution of the items
described in subparagraph (I), including distribution
to States and Indian Tribes;
(N) consider the advisability and feasibility of
mechanisms for extending the credit of the United
States or providing other financial support authorized
by law to key participants in the economy of the United
States if the extension or provision of other financial
support--
(i) is necessary to avoid severe economic
degradation; or
(ii) allows for the recovery from a
significant event;
(O) include guidance for determining categories of
employees that should be prioritized to continue to
work in order to sustain the functions described in
subparagraphs (B), (D), and (E) in the event that there
are limitations on the ability of individuals to travel
to workplaces or to work remotely, including
considerations for defense readiness;
(P) identify critical economic sectors necessary to
provide material and operational support to the defense
of the United States;
(Q) determine whether the Secretary of Homeland
Security, the National Guard, and the Secretary of
Defense have adequate authority to assist the United
States in a recovery from a severe economic degradation
caused by a significant event;
(R) review and assess the authority and capability
of heads of other agencies that the President
determines necessary to assist the United States in a
recovery from a severe economic degradation caused by a
significant event; and
(S) consider any other matter that would aid in
protecting and increasing the resilience of the economy
of the United States from a significant event.
(b) Coordination.--In developing the plan required under subsection
(a)(1), the President shall--
(1) receive advice from--
(A) the Secretary of Homeland Security;
(B) the Secretary of Defense;
(C) the Secretary of the Treasury;
(D) the Secretary of Health and Human Services;
(E) the Secretary of Commerce;
(F) the Secretary of Transportation;
(G) the Secretary of Energy;
(H) the Administrator of the Small Business
Administration; and
(I) the head of any other agency that the President
determines necessary to complete the plan;
(2) consult with economic sectors relating to critical
infrastructure through sector-coordinated councils, as
appropriate;
(3) consult with relevant State, Tribal, and local
governments and organizations that represent those governments;
and
(4) consult with any other non-Federal entity that the
President determines necessary to complete the plan.
(c) Submission to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and not less frequently than every 3
years thereafter, the President shall submit the plan required
under subsection (a)(1) and the information described in
paragraph (2) to--
(A) the majority and minority leaders of the
Senate;
(B) the Speaker and the minority leader of the
House of Representatives;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Armed Services of the House of
Representatives;
(E) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(F) the Committee on Homeland Security of the House
of Representatives;
(G) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(H) the Committee on Commerce, Science, and
Transportation of the Senate;
(I) the Committee on Energy and Commerce of the
House of Representatives;
(J) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(K) the Committee on Finance of the Senate;
(L) the Committee on Financial Services of the
House of Representatives;
(M) the Committee on Small Business and
Entrepreneurship of the Senate;
(N) the Committee on Small Business of the House of
Representatives;
(O) the Committee on Energy and Natural Resources
of the Senate;
(P) the Committee on Environment and Public Works
of the Senate; and
(Q) any other committee of the Senate or the House
of Representatives that has jurisdiction over the
subject of the plan.
(2) Additional information.--The information described in
this paragraph is--
(A) any change to Federal law that would be
necessary to carry out the plan required under
subsection (a)(1); and
(B) any proposed changes to the funding levels
provided in appropriation Acts for the most recent
fiscal year that can be implemented in future
appropriation Acts or additional resources necessary
to--
(i) implement the plan required under
subsection (a)(1); or
(ii) maintain any program offices and
personnel necessary to--
(I) maintain the plan required
under subsection (a)(1) and the plans
described in subsection (a)(3)(F); and
(II) conduct exercises,
assessments, and updates to the plans
described in subclause (I) over time.
(3) Budget of the president.--The President may include the
information described in paragraph (2)(B) in the budget
required to be submitted by the President under section 1105(a)
of title 31, United States Code.
(d) Definitions.--In this section:
(1) The term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code.
(2) The term ``economic sector'' means a sector of the
economy of the United States.
(3) The term ``relevant actor'' means--
(A) the Federal government;
(B) a State, local, or Tribal government; or
(C) the private sector.
(4) The term ``significant event'' means an event that
causes severe degradation to economic activity in the United
States due to--
(A) a cyber attack; or
(B) another significant event that is natural or
human-caused.
(5) The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any
possession of the United States.
SEC. 1087. IMPROVING THE AUTHORITY FOR OPERATIONS OF UNMANNED AIRCRAFT
FOR EDUCATIONAL PURPOSES.
Section 350 of the FAA Reauthorization Act of 2018 (Public Law 115-
254; 49 U.S.C 44809 note) is amended
(1) in the section heading, by striking ``at institutions
of higher education'' and inserting ``for educational
purposes''; and
(2) in subsection (a)--
(A) by striking ``aircraft system operated by'' and
inserting the following: ``aircraft system--
``(1) operated by'';
(B) in paragraph (1), as added by subparagraph (A),
by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(2) flown as part of the established curriculum of an
elementary school or secondary school (as such terms are
defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801));
``(3) flown as part of an established Junior Reserve
Officers' Training Corps (JROTC) program; or
``(4) flown as part of an educational program that is
chartered by a recognized community-based organization (as
defined in subsection (h) of such section).''.
SEC. 1088. REQUIREMENT TO POST A 100 WORD SUMMARY TO REGULATIONS.GOV.
Section 553(b) of title 5, United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (3) the following:
``(4) the Internet address of a summary of not more than
100 words in length of the proposed rule, in plain language,
that shall be posted on the Internet website under section
206(d) of the E-Government Act of 2002 (44 U.S.C. 3501 note)
(commonly known as regulations.gov).''.
SEC. 1089. MODIFICATION OF LICENSURE REQUIREMENTS FOR HEALTH CARE
PROFESSIONALS PROVIDING TREATMENT VIA TELEMEDICINE.
Section 1730C(b) of title 38, United States Code, is amended to
read as follows:
``(b) Covered Health Care Professionals.--For purposes of this
section, a covered health care professional is any of the following
individuals:
``(1) A health care professional who--
``(A) is an employee of the Department appointed
under section 7306, 7401, 7405, 7406, or 7408 of this
title or title 5;
``(B) is authorized by the Secretary to provide
health care under this chapter;
``(C) is required to adhere to all standards for
quality relating to the provision of health care in
accordance with applicable policies of the Department;
and
``(D)(i) has an active, current, full, and
unrestricted license, registration, or certification in
a State to practice the health care profession of the
health care professional; or
``(ii) with respect to a health care profession
listed under section 7402(b) of this title, has the
qualifications for such profession as set forth by the
Secretary.
``(2) A postgraduate health care employee who--
``(A) is appointed under section 7401(1), 7401(3),
or 7405 of this title or title 5 for any category of
personnel described in paragraph (1) or (3) of section
7401 of this title;
``(B) must obtain an active, current, full, and
unrestricted license, registration, or certification or
meet qualification standards set forth by the Secretary
within a specified time frame; and
``(C) is under the clinical supervision of a health
care professional described in paragraph (1); or
``(3) A health professions trainee who--
``(A) is appointed under section 7405 or 7406 of
this title; and
``(B) is under the clinical supervision of a health
care professional described in paragraph (1).''.
SEC. 1090. RESTRICTIONS ON CONFUCIUS INSTITUTES.
(a) Definition.--In this section, the term ``Confucius Institute''
means a cultural institute directly or indirectly funded by the
Government of the People's Republic of China.
(b) Restrictions on Confucius Institutes.--An institution of higher
education or other postsecondary educational institution (referred to
in this section as an ``institution'') shall not be eligible to receive
Federal funds from the Department of Education (except funds under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.)
or other Department of Education funds that are provided directly to
students) unless the institution ensures that any contract or agreement
between the institution and a Confucius Institute includes clear
provisions that--
(1) protect academic freedom at the institution;
(2) prohibit the application of any foreign law on any
campus of the institution; and
(3) grant full managerial authority of the Confucius
Institute to the institution, including full control over what
is being taught, the activities carried out, the research
grants that are made, and who is employed at the Confucius
Institute.
SEC. 1090A. ADDITIONAL CARE FOR NEWBORN CHILDREN OF VETERANS.
Section 1786 of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary'' and
inserting ``Except as provided in subsection (c), the
Secretary''; and
(2) by adding at the end the following new subsection:
``(c) Exception Based on Medical Necessity.--Pursuant to such
regulations as the Secretary shall prescribe to carry out this section,
the Secretary may furnish more than seven days of health care services
described in subsection (b), and may furnish transportation necessary
to receive such services, to a newborn child based on medical necessity
if the child is in need of additional care, including if the child has
been discharged or released from a hospital and requires readmittance
to ensure the health and welfare of the child.''.
SEC. 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.
Section 1116(a)(2) of title 38, United States Code, is amended by
adding at the end the following new subparagraphs:
``(I) Parkinsonism.
``(J) Bladder cancer.
``(K) Hypothyroidism.''.
Subtitle H--Wireless Supply Chain Innovation and Multilateral Security
SEC. 1091. DEFINITIONS.
In this subtitle:
(1) 3GPP.--The term ``3GPP'' means the Third Generation
Partnership Project.
(2) 5G network.--The term ``5G network'' means a radio
network as described by 3GPP Release 15 or higher.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) NTIA administrator.--The term ``NTIA Administrator''
means the Assistant Secretary of Commerce for Communications
and Information.
(5) Open-RAN.--The term ``Open-RAN'' means the Open Radio
Access Network approach to standardization adopted by the O-RAN
Alliance, Telecom Infra Project, or 3GPP, or any similar set of
open standards for multi-vendor network equipment
interoperability.
(6) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Select Committee on Intelligence of the
Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on Commerce, Science, and
Transportation of the Senate;
(F) the Committee on Appropriations of the Senate;
(G) the Permanent Select Committee on Intelligence
of the House of Representatives;
(H) the Committee on Foreign Affairs of the House
of Representatives;
(I) the Committee on Homeland Security of the House
of Representatives;
(J) the Committee on Armed Services of the House of
Representatives;
(K) the Committee on Energy and Commerce of the
House of Representatives; and
(L) the Committee on Appropriations of the House of
Representatives.
SEC. 1092. COMMUNICATIONS TECHNOLOGY SECURITY FUNDS.
(a) Use of Digital Television Transition and Public Safety Fund.--
As soon as practicable after the date of enactment of this Act, the
Commission shall transfer from the Digital Television Transition and
Public Safety Fund established under section 309(j)(8)(E) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(E))--
(1) $50,000,000 to the Public Wireless Supply Chain
Innovation Fund established under subsection (b) of this
section; and
(2) $25,000,000 to the Multilateral Telecommunications
Security Fund established under subsection (c) of this section.
(b) Public Wireless Supply Chain Innovation Fund.--
(1) Establishment.--
(A) In general.--There is established in the
Treasury of the United States a trust fund to be known
as the ``Public Wireless Supply Chain Innovation Fund''
(referred to in this subsection as the ``R&D Fund'').
(B) Availability.--
(i) In general.--Amounts deposited in the
R&D Fund shall remain available through the end
of the tenth fiscal year beginning after the
date of enactment of this Act.
(ii) Remainder to treasury.--Any amounts
remaining in the R&D Fund after the end of the
tenth fiscal year beginning after the date of
enactment of this Act shall be deposited in the
general fund of the Treasury.
(2) Use of fund.--
(A) In general.--Amounts deposited in the R&D Fund
shall be available to the NTIA Administrator to make
grants under this subsection in such amounts as the
NTIA Administrator determines appropriate, subject to
subparagraph (B) of this subparagraph.
(B) Limitation on grant amounts.--The amount of a
grant awarded under this subsection to a recipient for
a specific research focus area may not exceed
$50,000,000.
(3) Administration of fund.--The NTIA Administrator, in
consultation with the Commission, the Director of the National
Institute of Standards and Technology, the Secretary of
Homeland Security, the Secretary of Defense, and the Director
of the Intelligence Advanced Research Projects Activity of the
Office of the Director of National Intelligence, shall
establish criteria for grants awarded under this subsection,
and administer the R&D Fund, to support research and the
commercial application of that research, including in the
following areas:
(A) Promoting the development of technology,
including software, hardware, and microprocessing
technology, that will enhance competitiveness in the
fifth-generation (commonly known as ``5G'') and
successor wireless technology supply chains.
(B) Accelerating development and deployment of open
interface standards-based compatible, interoperable
equipment, such as equipment developed pursuant to the
standards set forth by organizations such as the O-RAN
Alliance, the Telecom Infra Project, 3GPP, the Open-RAN
Software Community, or any successor organizations.
(C) Promoting compatibility of new 5G equipment
with future open standards-based, interoperable
equipment.
(D) Managing integration of multi-vendor network
environments.
(E) Objective criteria to define equipment as
compliant with open standards for multi-vendor network
equipment interoperability.
(F) Promoting development and inclusion of security
features enhancing the integrity and availability of
equipment in multi-vendor networks.
(G) Promoting the application of network function
virtualization to facilitate multi-vendor
interoperability and a more diverse vendor market.
(4) Nonduplication of research.--To the greatest extent
practicable, the NTIA Administrator shall ensure that any
research funded by a grant awarded under this subsection avoids
duplication of other Federal or private sector research.
(5) Timing.--Not later than 1 year after the date of
enactment of this Act, the NTIA Administrator shall begin
awarding grants under this subsection.
(6) Federal advisory body.--
(A) Establishment.--The NTIA Administrator shall
establish a Federal advisory committee, in accordance
with the Federal Advisory Committee Act (5 U.S.C.
App.), composed of government and private sector
experts, to advise the NTIA Administrator on the
administration of the R&D Fund.
(B) Composition.--The advisory committee
established under subparagraph (A) shall be composed
of--
(i) representatives from--
(I) the Commission;
(II) the Department of Defense;
(III) the Intelligence Advanced
Research Projects Activity of the
Office of the Director of National
Intelligence;
(IV) the National Institute of
Standards and Technology;
(V) the Department of State;
(VI) the National Science
Foundation; and
(VII) the Department of Homeland
Security; and
(ii) other representatives from the private
and public sectors, at the discretion of the
NTIA Administrator.
(C) Duties.--The advisory committee established
under subparagraph (A) shall advise the NTIA
Administrator on technology developments to help
inform--
(i) the strategic direction of the R&D
Fund; and
(ii) efforts of the Federal Government to
promote a more secure, diverse, sustainable,
and competitive supply chain.
(7) Reports to congress.--
(A) Initial report.--Not later than 180 days after
the date of enactment of this Act, the NTIA
Administrator shall submit to the relevant committees
of Congress a report with--
(i) additional recommendations on promoting
the competitiveness and sustainability of
trusted suppliers in the wireless supply chain;
and
(ii) any additional authorities needed to
facilitate the timely adoption of open
standards-based equipment, including authority
to provide loans, loan guarantees, and other
forms of credit extension that would maximize
the use of designated funds.
(B) Annual report.--For each fiscal year for which
amounts in the R&D Fund are available under this
subsection, the NTIA Administrator shall submit to
Congress a report that--
(i) describes how, and to whom, amounts in
the R&D Fund have been deployed;
(ii) details the progress of the NTIA
Administrator in meeting the objectives
described in paragraph (3); and
(iii) includes any additional information
that the NTIA Administrator determines
appropriate.
(c) Multilateral Telecommunications Security Fund.--
(1) Establishment of fund.--
(A) In general.--There is established in the
Treasury of the United States a trust fund to be known
as the ``Multilateral Telecommunications Security
Fund''.
(B) Use of fund.--Amounts deposited in the
Multilateral Telecommunications Security Fund shall be
available to the Secretary of State to make
expenditures under this subsection in such amounts as
the Secretary of State determines appropriate.
(C) Availability.--
(i) In general.--Amounts deposited in the
Multilateral Telecommunications Security Fund--
(I) shall remain available through
the end of the tenth fiscal year
beginning after the date of enactment
of this Act; and
(II) may only be allocated upon the
Secretary of State reaching an
agreement with foreign government
partners to participate in the common
funding mechanism described in
paragraph (2).
(ii) Remainder to treasury.--Any amounts
remaining in the Multilateral
Telecommunications Security Fund after the end
of the tenth fiscal year beginning after the
date of enactment of this Act shall be
deposited in the general fund of the Treasury.
(2) Administration of fund.--The Secretary of State, in
consultation with the NTIA Administrator, the Secretary of
Homeland Security, the Secretary of Defense, the Secretary of
the Treasury, the Director of National Intelligence, and the
Commission, shall establish a common funding mechanism, in
coordination with foreign partners, that uses amounts from the
Multilateral Telecommunications Security Fund to support the
development and adoption of secure and trusted
telecommunications technologies.
(3) Annual report to congress.--Not later than 1 year after
the date of enactment of this Act, and annually thereafter for
each fiscal year during which amounts in the Multilateral
Telecommunications Security Fund are available, the Secretary
of State shall submit to the relevant committees of Congress a
report on the status and progress of the funding mechanism
established under paragraph (2), including--
(A) any funding commitments from foreign partners,
including each specific amount committed;
(B) governing criteria for use of the Multilateral
Telecommunications Security Fund;
(C) an account of--
(i) how, and to whom, funds have been
deployed;
(ii) amounts remaining in the Multilateral
Telecommunications Security Fund; and
(iii) the progress of the Secretary of
State in meeting the objective described in
paragraph (2); and
(D) additional authorities needed to enhance the
effectiveness of the Multilateral Telecommunications
Security Fund in achieving the security goals of the
United States.
SEC. 1093. PROMOTING UNITED STATES LEADERSHIP IN INTERNATIONAL
ORGANIZATIONS AND COMMUNICATIONS STANDARDS-SETTING
BODIES.
(a) In General.--The Secretary of State, the Secretary of Commerce,
and the Chairman of the Commission, or their designees, shall consider
how to enhance representation of the United States at international
forums that set standards for 5G networks and for future generations of
wireless communications networks, including--
(1) the International Telecommunication Union (commonly
known as ``ITU'');
(2) the International Organization for Standardization
(commonly known as ``ISO'');
(3) the Inter-American Telecommunications Commission
(commonly known as ``CITEL''); and
(4) the voluntary standards organizations that develop
protocols for wireless devices and other equipment, such as the
3GPP and the Institute of Electrical and Electronics Engineers
(commonly known as ``IEEE'').
(b) Annual Report.--The Secretary of State, the Secretary of
Commerce, and the Chairman of the Commission shall jointly submit to
the relevant committees of Congress an annual report on the progress
made under subsection (a).
Subtitle I--Semiconductor Manufacturing Incentives
SEC. 1094. SEMICONDUCTOR INCENTIVE GRANTS.
(a) Definitions.--In this section--
(1) the term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the
Committee on Commerce, Science, and Transportation, the
Committee on Foreign Relations, the Committee on Armed
Services, the Committee on Appropriations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Energy and Commerce, the Committee on
Foreign Affairs, the Committee on Armed Services, the
Committee on Science, Space, and Technology, the
Committee on Appropriations, the Committee on Financial
Services, and the Committee on Homeland Security of the
House of Representatives;
(2) the term ``covered entity'' means a private entity, a
consortium of private entities, or a consortium of public and
private entities with a demonstrated ability to construct,
expand, or modernize a facility relating to the fabrication,
assembly, testing, advanced packaging, or advanced research and
development of semiconductors;
(3) the term ``covered incentive''--
(A) means an incentive offered by a governmental
entity to a covered entity for the purposes of
constructing within the jurisdiction of the
governmental entity, or expanding or modernizing an
existing facility within that jurisdiction, a facility
described in paragraph (2); and
(B) includes any tax incentive (such as an
incentive or reduction with respect to employment or
payroll taxes or a tax abatement with respect to
personal or real property), a workforce-related
incentive (including a grant agreement relating to
workforce training or vocational education), any
concession with respect to real property, funding for
research and development with respect to
semiconductors, and any other incentive determined
appropriate by the Secretary, in consultation with the
Secretary of State;
(4) the term ``foreign adversary'' means any foreign
government or foreign nongovernment person that is engaged in a
long-term pattern, or is involved in a serious instance, of
conduct that is significantly adverse to--
(A) the national security of the United States or
an ally of the United States; or
(B) the security and safety of United States
persons;
(5) the term ``governmental entity'' means a State or local
government;
(6) the term ``Secretary'' means the Secretary of Commerce;
and
(7) the term ``semiconductor'' has the meaning given the
term by the Secretary.
(b) Grant Program.--
(1) In general.--The Secretary shall establish in the
Department of Commerce a program that, in accordance with the
requirements of this section, provides grants to covered
entities.
(2) Procedure.--
(A) In general.--A covered entity shall submit to
the Secretary an application that describes the project
for which the covered entity is seeking a grant under
this section.
(B) Eligibility.--In order for a covered entity to
qualify for a grant under this section, the covered
entity shall demonstrate to the Secretary, in the
application submitted by the covered entity under
subparagraph (A), that--
(i) the covered entity has a documented
interest in constructing, expanding, or
modernizing a facility described in subsection
(a)(2); and
(ii) with respect to the project described
in clause (i), the covered entity has--
(I) been offered a covered
incentive;
(II) made commitments to worker and
community investment, including
through--
(aa) training and education
benefits paid by the covered
entity; and
(bb) programs to expand
employment opportunity for
economically disadvantaged
individuals; and
(III) secured commitments from
regional educational and training
entities and institutions of higher
education to provide workforce
training, including programming for
training and job placement of
economically disadvantaged individuals.
(C) Considerations for review.--With respect to the
review by the Secretary of an application submitted by
a covered entity under subparagraph (A)--
(i) the Secretary may not approve the
application unless the Secretary--
(I) confirms that the covered
entity has satisfied the eligibility
criteria under subparagraph (B); and
(II) determines that the project to
which the application relates is in the
interest of the United States; and
(ii) the Secretary may consider whether--
(I) the covered entity has
previously received a grant made under
this subsection; and
(II) the governmental entity
offering the applicable covered
incentive has benefitted from a grant
previously made under this subsection.
(3) Amount.--The amount of a grant made by the Secretary to
a covered entity under this subsection shall be in an amount
that is not more than $3,000,000,000.
(4) Use of funds.--A covered entity that receives a grant
under this subsection may only use the grant amounts to--
(A) finance the construction, expansion, or
modernization of a facility described in subsection
(a)(2), as documented in the application submitted by
the covered entity under paragraph (2)(A), or for
similar uses in state of practice and legacy
facilities, as determined necessary by the Secretary
for purposes relating to the national security and
economic competitiveness of the United States;
(B) support workforce development for the facility
described in subparagraph (A); or
(C) support site development for the facility
described in subparagraph (A).
(5) Clawback.--The Secretary shall recover the full amount
of a grant provided to a covered entity under this subsection
if--
(A) as of the date that is 5 years after the date
on which the Secretary makes the grant, the project to
which the grant relates has not been completed, except
that the Secretary may issue a waiver with respect to
the requirement under this subparagraph if the
Secretary determines that issuing such a waiver is
appropriate and in the interests of the United States;
or
(B) during the applicable term with respect to the
grant, the covered entity engages in any joint research
or technology licensing effort--
(i) with the Government of the People's
Republic of China, the Government of the
Russian Federation, the Government of Iran, the
Government of North Korea, or another foreign
adversary; and
(ii) that relates to a sensitive technology
or product, as determined by the Secretary.
(c) Consultation and Coordination Required.--In carrying out the
program established under subsection (b), the Secretary shall consult
and coordinate with the Secretary of State and the Secretary of
Defense.
(d) GAO Reviews.--The Comptroller General of the United States
shall--
(1) not later than 2 years after the date of enactment of
this Act, and biennially thereafter until the date that is 10
years after that date of enactment, conduct a review of the
program established under subsection (b), which shall include,
at a minimum--
(A) a determination of the number of instances in
which grants were provided under that subsection during
the period covered by the review in violation of a
requirement of this section;
(B) an evaluation of how--
(i) the program is being carried out,
including how recipients of grants are being
selected under the program; and
(ii) other Federal programs are leveraged
for manufacturing, research, and training to
complement the grants awarded under the
program; and
(C) a description of the outcomes of projects
supported by grants made under the program, including a
description of--
(i) facilities described in subsection
(a)(2) that were constructed, expanded, or
modernized as a result of grants made under the
program;
(ii) research and development carried out
with grants made under the program; and
(iii) workforce training programs carried
out with grants made under the program,
including efforts to hire individuals from
disadvantaged populations; and
(2) submit to the appropriate committees of Congress the
results of each review conducted under paragraph (1).
SEC. 1095. DEPARTMENT OF DEFENSE.
(a) Department of Defense Efforts.--
(1) In general.--The Secretary of Defense shall, in
consultation with the Secretary of Commerce, the Secretary of
Homeland Security, and the Director of National Intelligence,
work with the private sector through a public-private
partnership, including by incentivizing the formation of a
consortium of United States companies, to ensure the
development and production of advanced, measurably secure
microelectronics for use by the Department of Defense, the
intelligence community, critical infrastructure sectors, and
other national security applications. Such work may include
providing incentives for the creation, expansion, or
modernization of one or more commercially competitive and
sustainable microelectronics manufacturing or advanced research
and development facilities.
(2) Risk mitigation requirements.--A participant in a
consortium formed with incentives under paragraph (1) shall--
(A) have the potential to perform fabrication,
assembly, package, or test functions for
microelectronics deemed critical to national security
as defined by export control regulatory agencies in
consultation with the National Security Adviser and the
Secretary of Defense;
(B) include management processes to identify and
mitigate supply chain security risks; and
(C) be able to produce microelectronics consistent
with applicable measurably secure supply chain and
operational security standards established under
section 224(b) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92).
(3) National security considerations.--The Secretary of
Defense and the Director of National Intelligence shall select
participants for the consortium formed with incentives under
paragraph (1). In selecting such participants, the Secretary
and the Director may jointly consider whether the United States
companies--
(A) have participated in previous programs and
projects of the Department of Defense, Department of
Energy, or the intelligence community, including--
(i) the Trusted Integrated Circuit program
of the Intelligence Advanced Research Projects
Activity;
(ii) trusted and assured microelectronics
projects, as administered by the Department of
Defense;
(iii) the Electronics Resurgence Initiative
(ERI) program of the Defense Advanced Research
Projects Agency; or
(iv) relevant semiconductor research
programs of Advanced Research Projects Agency-
Energy;
(B) have demonstrated an ongoing commitment to
performing contracts for the Department of Defense and
the intelligence community;
(C) are approved by the Defense Counterintelligence
and Security Agency or the Office of the Director of
National Intelligence as presenting an acceptable
security risk, taking into account supply chain
assurance vulnerabilities, counterintelligence risks,
and any risks presented by companies whose owners are
located outside the United States; and
(D) are evaluated periodically for foreign
ownership, control, or influence by foreign
adversaries.
(4) Nontraditional defense contractors and commercial
entities.--Arrangements entered into to carry out paragraph (1)
shall be in such form as the Secretary of Defense determines
appropriate to encourage industry participation of
nontraditional defense contractors or commercial entities and
may include a contract, a grant, a cooperative agreement, a
commercial agreement, the use of other transaction authority
under section 2371 of title 10, United States Code, or another
such arrangement.
(5) Discharge.--The Secretary of Defense shall carry out
paragraph (1) jointly through the Office of the Under Secretary
of Defense for Research and Engineering and the Office of the
Under Secretary of Defense for Acquisition and Sustainment, or
such other component of the Department of Defense as the
Secretary considers appropriate.
(6) Other initiatives.--The Secretary of Defense shall
dedicate initiatives within the Department of Defense to
advance radio frequency, mixed signal, radiation tolerant, and
radiation hardened microelectronics that support national
security and dual-use applications.
(7) Reports.--
(A) Report by secretary of defense.--Not later than
90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a
report on the plans of the Secretary to carry out
paragraph (1).
(B) Biennial reports by comptroller general of the
united states.--Not later than 1 year after the date on
which the Secretary submits the report required by
subparagraph (A) and not less frequently than once
every 2 years thereafter for a period of 10 years, the
Comptroller General of the United States shall submit
to Congress a report on the activities carried out
under this subsection.
(b) Defense Production Act of 1950 Efforts.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the President shall submit to
Congress a report on a plan for use by the Department of
Defense of authorities available in title III of the Defense
Production Act of 1950 (50 U.S.C. 4531 et seq.) to establish
and enhance a domestic production capability for
microelectronics technologies and related technologies, subject
to the availability of appropriations for that purpose.
(2) Consultation.--The President shall develop the plan
required by paragraph (1) in coordination with the Secretary of
Defense, and in consultation with the Secretary of State, the
Secretary of Commerce, and appropriate stakeholders in the
private sector.
SEC. 1096. DEPARTMENT OF COMMERCE STUDY ON STATUS OF MICROELECTRONICS
TECHNOLOGIES IN THE UNITED STATES INDUSTRIAL BASE.
(a) In General.--Commencing not later than 120 days after the date
of the enactment of this Act, the Secretary of Commerce and the
Secretary of Homeland Security, in consultation with the Secretary of
Defense and the heads of other appropriate Federal departments and
agencies, shall undertake a review, which shall include a survey, using
authorities in section 705 of the Defense Production Act (50 U.S.C.
4555), to assess the capabilities of the United States industrial base
to support the national defense in light of the global nature of the
supply chain and significant interdependencies between the United
States industrial base and the industrial base of foreign countries
with respect to the manufacture, design, and end use of
microelectronics.
(b) Response to Survey.--The Secretary shall ensure compliance with
the survey from among all relevant potential respondents, including the
following:
(1) Corporations, partnerships, associations, or any other
organized groups domiciled and with substantial operations in
the United States.
(2) Corporations, partnerships, associations, or any other
organized groups domiciled in the United States with operations
outside the United States.
(3) Foreign domiciled corporations, partnerships,
associations, or any other organized groups with substantial
operations or business presence in, or substantial revenues
derived from, the United States.
(4) Foreign domiciled corporations, partnerships,
associations, or any other organized groups in defense treaty
or assistance countries where the production of the entity
concerned involves critical technologies covered by section 2.
(c) Information Requested.--The information sought from a
responding entity pursuant to the survey required by subsection (a)
shall include, at minimum, information on the following with respect to
the manufacture. design, or end use of microelectronics by such entity:
(1) An identification of the geographic scope of
operations.
(2) Information on relevant cost structures.
(3) An identification of types of microelectronics
development, manufacture, assembly, test, and packaging
equipment in operation at such entity.
(4) An identification of all relevant intellectual
property, raw materials, and semi-finished goods and components
sourced domestically and abroad by such entity.
(5) Specifications of the microelectronics manufactured or
designed by such entity, descriptions of the end-uses of such
microelectronics, and a description of any technical support
provided to end-users of such microelectronics by such entity.
(6) Information on domestic and export market sales by such
entity.
(7) Information on the financial performance, including
income and expenditures, of such entity.
(8) A list of all foreign and domestic subsidies, and any
other financial incentives, received by such entity in each
market in which such entity operates.
(9) A list of information requests from the People's
Republic of China to such entity, and a description of the
nature of each request and the type of information provided.
(10) Information on any joint ventures, technology
licensing agreements, and cooperative research or production
arrangements of such entity.
(11) A description of efforts by such entity to evaluate
and control supply chain risks it faces.
(12) A list and description of any sales, licensing
agreements, or partnerships between such entity and the
People's Liberation Army or People's Armed Police, including
any business relationships with entities through which such
sales, licensing agreements, or partnerships may occur.
(d) Report.--
(1) In general.--The Secretary of Commerce shall, in
consultation with the Secretary of Defense, the Secretary of
Homeland Security, and the heads of other appropriate Federal
departments and agencies, submit to Congress a report on the
results of the review required by subsection (a). The report
shall include the following:
(A) An assessment of the results of the survey.
(B) A list of critical technology areas impacted by
potential disruptions in production of
microelectronics, and a detailed description and
assessment of the impact of such potential disruptions
on such areas.
(C) A description and assessment of gaps and
vulnerabilities in the microelectronics supply chain
and the national industrial supply base.
(2) Form.-- The report required by paragraph (1) may be
submitted in classified form.
SEC. 1097. FUNDING FOR DEVELOPMENT AND ADOPTION OF MEASURABLY SECURE
MICROELECTRONICS AND MEASURABLY SECURE MICROELECTRONICS
SUPPLY CHAINS.
(a) Multilateral Microelectronics Security Fund.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a trust fund, to be known as the
``Multilateral Microelectronics Security Fund'' (in this
section referred to as the ``Fund''), consisting of such
amounts as may be appropriated to such Fund and any amounts
that may be credited to the Fund under paragraph (2).
(2) Investment of amounts.--
(A) Investment of amounts.--The Secretary of the
Treasury shall invest such portion of the Fund as is
not required to meet current withdrawals in interest-
bearing obligations of the United States or in
obligations guaranteed as to both principal and
interest by the United States.
(B) Interest and proceeds.--The interest on, and
the proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
(3) Use of fund.--
(A) In general.--Subject to subparagraph (B),
amounts in the Fund shall be available, as provided in
advance in an appropriations Act, to the Secretary of
State--
(i) to provide funding through the common
funding mechanism described in subsection
(b)(1) to support the development and adoption
of measurably secure microelectronics and
measurably secure microelectronics supply
chains; and
(ii) to otherwise carry out this section.
(B) Availability contingent on international
agreement.--Amounts in the Fund shall be available to
the Secretary of State on and after the date on which
the Secretary enters into an agreement with the
governments of countries that are partners of the
United States to participate in the common funding
mechanism under paragraph (1) of subsection (b) and the
commitments described in paragraph (2) of that
subsection.
(4) Availability of amounts.--
(A) In general.--Amounts in the Fund shall remain
available through the end of the tenth fiscal year
beginning after the date of the enactment of this Act.
(B) Remainder to treasury.--Any amounts remaining
in the Fund after the end of the fiscal year described
in subparagraph (A) shall be deposited in the general
fund of the Treasury.
(b) Common Funding Mechanism for Development and Adoption of
Measurably Secure Microelectronics and Measurably Secure
Microelectronics Supply Chains.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Commerce, the Secretary of Defense, the
Secretary of Homeland Security, the Secretary of the Treasury,
and the Director of National Intelligence, shall seek to
establish a common funding mechanism, in coordination with the
governments of countries that are partners of the United
States, that uses amounts from the Fund, and amounts committed
by such governments, to support the development and adoption of
secure microelectronics and secure microelectronics supply
chains, including for use in research and development
collaborations among countries participating in the common
funding mechanism.
(2) Mutual commitments.--The Secretary of State, in
consultation with the United States Trade Representative, the
Secretary of the Treasury, and the Secretary of Commerce, shall
seek to negotiate a set of mutual commitments with the
governments of countries that are partners of the United States
upon which to condition any expenditure of funds pursuant to
the common funding mechanism described in paragraph (1). Such
commitments shall, at a minimum--
(A) establish transparency requirements for any
subsidies or other financial benefits (including
revenue foregone) provided to microelectronics firms
located in or outside such countries;
(B) establish consistent policies with respect to
countries that--
(i) are not participating in the common
funding mechanism; and
(ii) do not meet transparency requirements
established under subparagraph (A);
(C) promote harmonized treatment of
microelectronics and verification processes for items
being exported to a country considered a national
security risk by a country participating in the common
funding mechanism;
(D) establish consistent policies and common
external policies to address nonmarket economies as the
behavior of such countries pertains to
microelectronics;
(E) align policies on supply chain integrity and
microelectronics security, including with respect to
protection and enforcement of intellectual property
rights; and
(F) promote harmonized foreign direct investment
screening measures with respect to microelectronics to
align with national and multilateral security
priorities.
(c) Annual Report to Congress.--Not later than one year after the
date of the enactment of this Act, and annually thereafter for each
fiscal year during which amounts in the Fund are available under
subsection (a)(4), the Secretary of State shall submit to Congress a
report on the status of the implementation of this section that
includes a description of--
(1) any commitments made by the governments of countries
that are partners of the United States to providing funding for
the common funding mechanism described in subsection (b)(1) and
the specific amount so committed;
(2) the criteria established for expenditure of funds
through the common funding mechanism;
(3) how, and to whom, amounts have been expended from the
Fund;
(4) amounts remaining in the Fund;
(5) the progress of the Secretary of State toward entering
into an agreement with the governments of countries that are
partners of the United States to participate in the common
funding mechanism and the commitments described in subsection
(b)(2); and
(6) any additional authorities needed to enhance the
effectiveness of the Fund in achieving the security goals of
the United States.
SEC. 1098. ADVANCED SEMICONDUCTOR RESEARCH AND DESIGN.
(a) Appropriate Committees of Congress.-- In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Intelligence, the Committee on
Commerce, Science, and Transportation, the Committee on Foreign
Relations, the Committee on Armed Services, the Committee on
Energy and Natural Resources, the Committee on Appropriations,
the Committee on Banking, Housing, and Urban Affairs, and the
Committee on Homeland Security and Governmental Affairs of the
Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Energy and Commerce, the Committee on Foreign
Affairs, the Committee on Armed Services, the Committee on
Science, Space, and Technology, the Committee on Financial
Services, and the Committee on Homeland Security of the House
of Representatives.
(b) Sense of Congress.--It is the sense of Congress that the
leadership of the United States in semiconductor technology and
innovation is critical to the economic growth and national security of
the United States.
(c) Subcommittee on Semiconductor Leadership.--
(1) Establishment required.--The President shall establish
in the National Science and Technology Council a subcommittee
on matters relating to leadership of the United States in
semiconductor technology and innovation.
(2) Duties.--The duties of the subcommittee established
under paragraph (1) are as follows:
(A) National strategy on semiconductor research.--
(i) Development.--In coordination with the
Secretary of Defense, the Secretary of Energy,
the Secretary of State, the Secretary of
Commerce, the Secretary of Homeland Security,
the Director of the National Science
Foundation, and the Director of the National
Institute of Standards and Technology and in
consultation with the semiconductor industry
and academia, develop a national strategy on
semiconductor research, development,
manufacturing, and supply chain security,
including guidance for the funding of research,
and strengthening of the domestic
microelectronics workforce.
(ii) Reporting and updates.--Not less
frequently than once every 5 years, to update
the strategy developed under clause (i) and to
submit the revised strategy to the appropriate
committees of Congress.
(iii) Implementation.--In coordination with
the Secretary of Defense, the Secretary of
Energy, the Secretary of State, the Secretary
of Commerce, the Secretary of Homeland
Security, the Director of the National Science
Foundation, and the Director of the National
Institute of Standards and Technology, on an
annual basis coordinate and recommend each
agency's semiconductor related research and
development programs and budgets to ensure
consistency with the National Semiconductor
Strategy.
(B) Fostering coordination of research and
development.--To foster the coordination of
semiconductor research and development.
(3) Sunset.--The subcommittee established under paragraph
(1) shall terminate on the date that is 10 years after the date
of enactment of this Act.
(d) Industrial Advisory Committee.--The President shall establish a
standing subcommittee of the President's Council of Advisors on Science
and Technology to advise the United States Government on matters
relating to microelectronics policy.
(e) National Semiconductor Technology Center.--
(1) Establishment.--The Secretary of Commerce shall
establish a national semiconductor technology center to conduct
research and prototyping of advanced semiconductor technology
to strengthen the economic competitiveness and security of the
domestic supply chain, which will be operated as a public
private-sector consortium with participation from the private
sector, the Department of Defense, the Department of Energy,
the Department of Homeland Security, the National Science
Foundation, and the National Institute of Standards and
Technology
(2) Functions.--The functions of the center established
under paragraph (1) shall be as follows:
(A) To conduct advanced semiconductor
manufacturing, design research and prototyping that
strengthens the entire domestic ecosystem and is
aligned with the National Strategy on Semiconductor
Research.
(B) To establish a National Advanced Packaging
Manufacturing Program led by the National Institute of
Standards and Technology, in coordination with the
Center, to strengthen semiconductor advanced test,
assembly, and packaging capability in the domestic
ecosystem, and which shall coordinate with the
Manufacturing USA institute established under paragraph
(4).
(C) To establish an investment fund, in partnership
with the private sector, to support startups in the
domestic semiconductor ecosystem.
(D) To establish a Semiconductor Manufacturing
Program through the Director of the National Institute
of Standards and Technology to enable advances and
breakthroughs in measurement science, standards,
material characterization, instrumentation, testing,
and manufacturing capabilities that will accelerate the
underlying research and development for metrology of
next generation semiconductors and ensure the
competitiveness and leadership of the United States
within this sector.
(E) To work with the Secretary of Labor, the
private sector, educational institutions, and workforce
training entities to develop workforce training
programs and apprenticeships in advanced
microelectronic packaging capabilities.
(3) Components.--The fund established under paragraph
(2)(C) shall cover the following:
(A) Advanced metrology and characterization for
manufacturing of microchips using 3 nanometer
transistor processes or more advanced processes.
(B) Metrology for security and supply chain
verification.
(4) Creation of a manufacturing usa institute.--The fund
established under paragraph (2)(C) may also cover the creation
of a Manufacturing USA institute described in section 34(d) of
the National Institute of Standards and Technology Act (15
U.S.C. 278s(d)) that is focused on semiconductor manufacturing.
Such institute may emphasize the following:
(A) Research to support the virtualization and
automation of maintenance of semiconductor machinery.
(B) Development of new advanced test, assembly and
packaging capabilities.
(C) Developing and deploying educational and skills
training curricula needed to support the industry
sector and ensure the U.S. can build and maintain a
trusted and predictable talent pipeline.
(f) Domestic Production Requirements.--The head of any executive
agency receiving funding under this section shall develop policies to
require domestic production, to the extent possible, for any
intellectual property resulting from microelectronics research and
development conducted as a result of these funds and domestic control
requirements to protect any such intellectual property from foreign
adversaries.
SEC. 1099. PROHIBITION RELATING TO FOREIGN ADVERSARIES.
None of the funds appropriated pursuant to an authorization in this
subtitle may be provided to an entity--
(1) under the foreign ownership, control, or influence of
the Government of the People's Republic of China or the Chinese
Communist Party, or other foreign adversary (as defined in
section 1091(a)(4)); or
(2) determined to have beneficial ownership from foreign
individuals subject to the jurisdiction, direction, or
influence of foreign adversaries (as so defined).
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.
(a) In General.--Subchapter I of chapter 87 of title 10, United
States Code, is amended by inserting after section 1701a the following
new section:
``Sec. 1701b. Enhanced pay authority for certain acquisition and
technology positions
``(a) In General.--The Secretary of Defense may carry out a program
using the pay authority specified in subsection (d) to fix the rate of
basic pay for positions described in subsection (c) in order to assist
the Office of the Secretary of Defense and the military departments in
attracting and retaining high-quality acquisition and technology
experts in positions responsible for managing and developing complex,
high-cost, technological acquisition efforts of the Department of
Defense.
``(b) Approval Required.--The program may be carried out only with
approval as follows:
``(1) Approval of the Under Secretary of Defense for
Acquisition and Sustainment, in the case of positions in the
Office of the Secretary of Defense.
``(2) Approval of the service acquisition executive of the
military department concerned, in the case of positions in a
military department.
``(c) Positions.--The positions described in this subsection are
positions that--
``(1) require expertise of an extremely high level in a
scientific, technical, professional, or acquisition management
field; and
``(2) are critical to the successful accomplishment of an
important acquisition or technology development mission.
``(d) Rate of Basic Pay.--The pay authority specified in this
subsection is authority as follows:
``(1) Authority to fix the rate of basic pay for a position
at a rate not to exceed 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the Under Secretary of Defense for Acquisition and
Sustainment or the service acquisition executive concerned, as
applicable.
``(2) Authority to fix the rate of basic pay for a position
at a rate in excess of 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the Secretary of Defense.
``(e) Limitations.--
``(1) In general.--The authority in subsection (a) may be
used only to the extent necessary to competitively recruit or
retain individuals exceptionally well qualified for positions
described in subsection (c).
``(2) Number of positions.--The authority in subsection (a)
may not be used with respect to more than five positions in the
Office of the Secretary of Defense and more than five positions
in each military department at any one time.
``(3) Term of positions.--The authority in subsection (a)
may be used only for positions having terms less than five
years.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 87 of such title is amended by inserting after
the item relating to section 1701a the following new item:
``1701b. Enhanced pay authority for certain acquisition and technology
positions.''.
(c) Repeal of Pilot Program.--
(1) In general.--Section 1111 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 1701 note) is
repealed.
(2) Continuation of pay.--The repeal in paragraph (1) shall
not be interpreted to prohibit the payment of basic pay at
rates fixed under such section 1111 before the date of the
enactment of this Act for positions having terms that continue
after that date.
SEC. 1102. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND TECHNOLOGY
POSITIONS IN THE SCIENCE AND TECHNOLOGY REINVENTION
LABORATORIES OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 139 of title 10, United States Code, is
amended by inserting after section 2358b the following new section:
``Sec. 2358c. Enhanced pay authority for certain research and
technology positions in science and technology
reinvention laboratories
``(a) In General.--The Secretary of Defense may carry out a program
using the pay authority specified in subsection (d) to fix the rate of
basic pay for positions described in subsection (c) in order to assist
the military departments in attracting and retaining high quality
acquisition and technology experts in positions responsible for
managing and performing complex, high-cost research and technology
development efforts in the science and technology reinvention
laboratories of the Department of Defense.
``(b) Approval Required.--The program may be carried out in a
military department only with the approval of the service acquisition
executive of the military department concerned.
``(c) Positions.--The positions described in this subsection are
positions in the science and technology reinvention laboratories of the
Department of Defense that--
``(1) require expertise of an extremely high level in a
scientific, technical, professional, or acquisition management
field; and
``(2) are critical to the successful accomplishment of an
important research or technology development mission.
``(d) Rate of Basic Pay.--The pay authority specified in this
subsection is authority as follows:
``(1) Authority to fix the rate of basic pay for a position
at a rate not to exceed 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the service acquisition executive concerned.
``(2) Authority to fix the rate of basic pay for a position
at a rate in excess of 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the Secretary of the military department concerned.
``(e) Limitations.--
``(1) In general.--The authority in subsection (a) may be
used only to the extent necessary to competitively recruit or
retain individuals exceptionally well qualified for positions
described in subsection (c).
``(2) Number of positions.--The authority in subsection (a)
may not be used with respect to more than five positions in
each military department at any one time.
``(3) Term of positions.--The authority in subsection (a)
may be used only for positions having a term of less than five
years.
``(f) Science and Technology Reinvention Laboratories of the
Department of Defense Defined.--In this section, the term `science and
technology reinvention laboratories of the Department of Defense' means
the laboratories designated as science and technology reinvention
laboratories by section 1105(a) of the National Defense Authorization
Act for Fiscal Year 2010 (10 U.S.C. 2358 note).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 139 of such title is amended by inserting after the item
relating to section 2358b the following new item:
``2358c. Enhanced pay authority for certain research and technology
positions in science and technology
reinvention laboratories.''.
(c) Repeal of Pilot Program.--
(1) In general.--Section 1124 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2456; 10 U.S.C. 2358 note) is repealed.
(2) Continuation of pay.--The repeal in paragraph (1) shall
not be interpreted to prohibit the payment of basic pay at
rates fixed under such section 1124 before the date of the
enactment of this Act for positions having terms that continue
after that date.
SEC. 1103. EXTENSION OF ENHANCED APPOINTMENT AND COMPENSATION AUTHORITY
FOR CIVILIAN PERSONNEL FOR CARE AND TREATMENT OF WOUNDED
AND INJURED MEMBERS OF THE ARMED FORCES.
Section 1599c(b) of title 10, United States Code, is amended by
striking ``December 31, 2020'' both places it appears and inserting
``December 31, 2025''.
SEC. 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.
Section 5542(a)(6)(B) of title 5, United States Code, is amended by
striking ``September 30, 2021'' and inserting ``September 30, 2023''.
SEC. 1105. EXPANSION OF DIRECT HIRE AUTHORITY FOR CERTAIN DEPARTMENT OF
DEFENSE PERSONNEL TO INCLUDE INSTALLATION MILITARY
HOUSING OFFICE POSITIONS SUPERVISING PRIVATIZED MILITARY
HOUSING.
Section 9905(a) of title 5, United States Code, is amended by
adding at the end the following new paragraph:
``(11) Any position in the military housing office of a
military installation whose primary function is supervision of
military housing covered by subchapter IV of chapter 169 of
title 10.''.
SEC. 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.
Section 1109(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
2010; 5 U.S.C. 3393 note) is amended by striking ``on the date'' and
all that follows and inserting ``on August 13, 2023.''
SEC. 1107. PILOT PROGRAM ON ENHANCED PAY AUTHORITY FOR CERTAIN HIGH-
LEVEL MANAGEMENT POSITIONS IN THE DEPARTMENT OF DEFENSE.
(a) Pilot Program Authorized.--The Secretary of Defense may carry
out a pilot program to assess the feasibility and advisability of using
the pay authority specified in subsection (d) to fix the rate of basic
pay for positions described in subsection (c) in order to assist the
Department of Defense in attracting and retaining personnel with
significant experience in high-level management of complex
organizations and enterprise functions in order to lead implementation
by the Department of the National Defense Strategy.
(b) Approval Required.--The pilot program may be carried out only
with approval as follows:
(1) Approval of the Deputy Secretary of Defense, in the
case of a position not under the authority, direction, and
control of an Under Secretary of Defense and not under the
authority, direction, and control of the Under Secretary of a
military department.
(2) Approval of the applicable Under Secretary of Defense,
in the case of a position under the authority, direction, and
control of an Under Secretary of Defense.
(3) Approval of the Under Secretary or an Assistant
Secretary of the military department concerned, in the case of
a position in a military department.
(c) Positions.--The positions described in this subsection are
positions that require expertise of an extremely high level in
innovative leadership and management of enterprise-wide business
operations, including financial management, health care, supply chain
and logistics, information technology, real property stewardship, and
human resources, across a large and complex organization.
(d) Rate of Basic Pay.--The pay authority specified in this
subsection is authority as follows:
(1) Authority to fix the rate of basic pay for a position
at a rate not to exceed 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the applicable official under subsection (b).
(2) Authority to fix the rate of basic pay for a position
at a rate in excess of 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the Secretary of Defense.
(e) Limitations.--
(1) In general.--The authority in subsection (a) may be
used only to the extent necessary to competitively recruit or
retain individuals exceptionally well qualified for positions
described in subsection (c).
(2) Number of positions.--The authority in subsection (a)
may not be used with respect to--
(A) more than 10 positions in the Office of the
Secretary of Defense and components of the Department
of Defense other than the military departments at any
one time; and
(B) more than five positions in each military
department at any one time.
(3) Term of positions.--The authority in subsection (a) may
be used only for positions having terms less than five years.
(4) Past service.--An individual may not be appointed to a
position pursuant to the authority provided by subsection (a)
if the individual separated or retired from Federal civil
service or service as a commissioned officer of an Armed Force
on a date that is less than five years before the date of such
appointment of the individual.
(f) Termination.--
(1) In general.--The authority to fix rates of basic pay
for a position under this section shall terminate on October 1,
2025.
(2) Continuation of pay.--Nothing in paragraph (1) shall be
construed to prohibit the payment after October 1, 2025, of
basic pay at rates fixed under this section before that date
for positions whose terms continue after that date.
SEC. 1108. PILOT PROGRAM ON EXPANDED AUTHORITY FOR APPOINTMENT OF
RECENTLY RETIRED MEMBERS OF THE ARMED FORCES TO POSITIONS
IN THE DEPARTMENT OF DEFENSE.
(a) Pilot Program Required.--The Secretary of Defense shall carry
out a pilot program to assess the feasibility and advisability of
expanding the use of the authority in section 3326 of title 5, United
States Code, to appoint retired members of the Armed Forces described
in subsection (b) of that section to positions in the Department of
Defense described in subsection (b) of this section.
(b) Positions.--
(1) In general.--The positions in the Department described
in this subsection are positions classified at or below GS-13
under the General Schedule under subchapter III of chapter 53
of title 5, United States Code, or an equivalent level under
another wage system, in the competitive service--
(A) to which appointments are authorized using
Direct Hire Authority or Expedited Hiring Authority;
and
(B) that have been certified by the Secretary of
the military department concerned as lacking sufficient
numbers of potential applicants who are not retired
members of the Armed Forces.
(2) Limitation on delegation of certification.--The
Secretary of a military department may not delegate the
authority to make a certification described in paragraph (1)(B)
to an individual in a grade lower than colonel, captain in the
Navy, or an equivalent grade in the Space Force, or an
individual with an equivalent civilian grade.
(c) Duration.--The duration of the pilot program shall be three
years.
(d) Report.--Not later than two years after the commencement of the
pilot program, the Secretary of Defense shall submit to the
congressional defense committees a report on the pilot program. The
report shall include the following:
(1) A description of the pilot program, including the
positions to which appointments are authorized to be made under
the pilot program and the number of retired members appointed
to each such position under the pilot program.
(2) Any other matters in connection with the pilot program
that the Secretary considers appropriate.
SEC. 1109. DIRECT HIRE AUTHORITY AND RELOCATION INCENTIVES FOR
POSITIONS AT REMOTE LOCATIONS.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599i. Direct hire authority and relocation incentives for
positions at remote locations
``(a) Direct Hire Authority.--
``(1) In general.--The Secretary of Defense may appoint,
without regard to any provision of subchapter I of chapter 33
of title 5, qualified applicants to positions in the
competitive service to fill vacancies at covered locations.
``(2) Covered locations.--For purposes of this section, a
covered location is a location for which the Secretary has
determined that critical hiring needs are not being met due to
the geographic remoteness or isolation or extreme climate
conditions of the location.
``(b) Relocation Incentives.--
``(1) In general.--An individual appointed to a position
pursuant to subsection (a) may be paid a relocation incentive
in connection with the relocation of the individual to the
location of the position.
``(2) Amount.--The amount of a relocation incentive payable
to an individual under this subsection may not exceed the
amount equal to--
``(A) 25 percent of the annual rate of basic pay of
the employee for the position concerned as of the date
on which the service period in such position agreed to
by the individual under paragraph (3) commences;
multiplied by
``(B) the number of years (including fractions of a
year) of such service period (not to exceed four
years).
``(3) Service agreement.--To receive a relocation incentive
under this subsection, an individual appointed to a position
under subsection (a) shall enter into an agreement with the
Secretary of Defense to complete a period of service at the
covered location. The period of obligated service of the
individual at such location under the agreement may not exceed
four years. The agreement shall include such repayment or
alternative employment obligations as the Secretary considers
appropriate for failure of the individual to complete the
period of obligated service specified in the agreement.
``(4) Relationship to other relocation pay.--A relocation
incentive paid to an individual for a relocation under this
subsection is in addition to any other relocation incentive or
payment payable to the individual for such relocation by law.
``(c) Sunset.--Effective on September 30, 2022, the authority
provided under subsection (a) and the authority to provide relocation
incentives under subsection (b) shall expire.''.
(b) Outcome Measurements.--The Secretary of Defense shall develop
outcome measurements to evaluate the effect of the authority provided
under subsection (a) of section 1599i of title 10, United States Code,
as added by subsection (a), and any relocation incentives provided
under subsection (b) of such section.
(c) Report Required.--
(1) In general.--Not later than March 1, 2022, the
Secretary of Defense shall submit to the congressional defense
committees a report on the effect of the authority provided
under subsection (a) of section 1599i of title 10, United
States Code, as added by subsection (a), and any relocation
incentives provided under subsection (b) of such section.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description and assessment of the
effectiveness and achievements of the authority and
relocation incentives described in paragraph (1),
including--
(i) the number of employees hired to
covered locations described in section
1599i(a)(2) of title 10, United States Code, as
added by subsection (a); and
(ii) the cost-per-placement of such
employees.
(B) A comparison of the effectiveness and use of
the authority and relocation incentives described in
paragraph (1) to authorities under title 5, United
States Code, used by the Department of Defense before
the date of the enactment of this Act to support hiring
at remote or rural locations.
(C) An assessment of--
(i) the minority community outreach efforts
made in using the authority and providing
relocation incentives described in paragraph
(1); and
(ii) participation outcomes.
(D) Such other matters as the Secretary considers
appropriate.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of title 10, United States Code, is amended by adding at the
end the following new item:
``1599i. 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.
Section 9905(a)(1) of title 5, United States Code, is amended by
striking ``including'' and all that follows and inserting the
following: ``including--
``(A) depot-level maintenance and repair; and
``(B) support functions for such activities.''.
SEC. 1110A. FIRE FIGHTERS ALTERNATIVE WORK SCHEDULE DEMONSTRATION
PROJECT FOR THE NAVY REGION MID-ATLANTIC FIRE AND
EMERGENCY SERVICES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commander, Navy Region Mid-Atlantic, shall
establish and carry out, for a period of not less than five years, a
Fire Fighters Alternative Work Schedule demonstration project for the
Navy Region Mid-Atlantic Fire and Emergency Services. Such
demonstration project shall provide, with respect to each employee of
the Navy Region Mid-Atlantic Fire and Emergency Services, that--
(1) assignments to tours of duty are scheduled in advance
over periods of not less than two weeks;
(2) tours of duty are scheduled using a regularly recurring
pattern of 48-hour shifts followed by 48 or 72 consecutive non-
work hours, as determined by mutual agreement between the
Commander, Navy Region Mid-Atlantic, and the exclusive employee
representative at each Navy Region Mid-Atlantic installation,
in such a manner that each employee is regularly scheduled for
144-hours in any two-week period;
(3) for any such employee that is a fire fighter working an
alternative work schedule, such employee shall earn overtime
compensation in a manner consistent with other applicable law
and regulation;
(4) no right shall be established to any form of premium
pay, including night, Sunday, holiday, or hazard duty pay; and
(5) leave accrual and use shall be consistent with other
applicable law and regulation.
(b) Report.--Not later than 180 days after the date on which the
demonstration project under this section terminates, the Commander,
Navy Region Mid-Atlantic, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
detailing--
(1) any financial savings or expenses directly and
inseparably linked to the demonstration project;
(2) any intangible quality of life and morale improvements
achieved by the demonstration project; and
(3) any adverse impact of the demonstration project
occurring solely as the result of the transition to the
demonstration project.
SEC. 1110B. REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES ON
DIVERSITY AND INCLUSION WITHIN THE CIVILIAN WORKFORCE OF
THE DEPARTMENT OF DEFENSE.
(a) In General.--Not later than 1 year after enactment of this act,
the Comptroller General of the United States shall submit to Congress a
report on issues related to diversity and inclusion within the civilian
workforce of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the demographic composition of the
civilian workforce of the Department.
(2) An assessment of any differences in promotion outcomes
among demographic groups of the civilian workforce of the
Department.
(3) An assessment of the extent to which the Department has
identified barriers to diversity in its civilian workforce.
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.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1104 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is further amended by striking
``2021'' and inserting ``2022''.
SEC. 1112. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4615), as most recently amended by section 1105 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92), is
further amended by striking ``through 2020'' and inserting ``through
2021''.
SEC. 1113. TECHNICAL AMENDMENTS TO AUTHORITY FOR REIMBURSEMENT OF
FEDERAL, STATE, AND LOCAL INCOME TAXES INCURRED DURING
TRAVEL, TRANSPORTATION, AND RELOCATION.
(a) In General.--Section 5724b(b) of title 5, United States Code,
is amended--
(1) by striking ``or relocation expenses reimbursed'' and
inserting ``and relocation expenses reimbursed''; and
(2) by striking ``of chapter 41'' and inserting ``or
chapter 41''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2018, immediately after the coming into
effect of the amendments made by subsection (a) of section 1114 of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92), as provided for in subsection (c) of such section 1114.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. AUTHORITY TO BUILD CAPACITY FOR ADDITIONAL OPERATIONS.
Section 333(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(8) Cyberspace operations.''.
SEC. 1202. AUTHORITY TO BUILD CAPACITY FOR AIR SOVEREIGNTY OPERATIONS.
Section 333(a) of title 10, United States Code, as amended by
section 1201, is further amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) Air sovereignty operations.''.
SEC. 1203. MODIFICATION TO THE INTER-EUROPEAN AIR FORCES ACADEMY.
Section 350(b) of title 10, United States Code, is amended by
striking ``that are'' and all that follows through the period at the
end and inserting ``that are--
``(1) members of the North Atlantic Treaty Organization;
``(2) signatories to the Partnership for Peace Framework
Documents; or
``(3)(A) within the United States Africa Command area of
responsibility; and
``(B) eligible for assistance under chapter 5 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).''.
SEC. 1204. MODIFICATION TO SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR
WARFARE.
Subsection (a) of section 1202 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1639), as most recently amended by section 1207 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92), is further
amended by striking ``$10,000,000'' and inserting ``$15,000,000''.
SEC. 1205. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT BORDER
SECURITY OPERATIONS OF CERTAIN FOREIGN COUNTRIES.
(a) Funds Available for Support.--Subsection (b) of section 1226 of
the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C.
2151 note) is amended to read as follows:
``(b) Funds Available for Support.--Amounts to provide support
under the authority of subsection (a) may be derived only from amounts
authorized to be appropriated and available for operation and
maintenance, Defense-wide.''.
(b) Extension.--Subsection (h) of such section is amended by
striking ``December 31, 2021'' and inserting ``December 31, 2023''.
SEC. 1206. MODIFICATION OF AUTHORITY FOR PARTICIPATION IN MULTINATIONAL
CENTERS OF EXCELLENCE.
(a) In General.--Section 344 of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``multinational
military centers of excellence'' and inserting ``multinational
centers of excellence'';
(2) by striking ``multinational military center of
excellence'' each place it appears and inserting
``multinational center of excellence'';
(3) by striking ``multinational military centers of
excellence'' each place it appears and inserting
``multinational centers of excellence'';
(4) in subsection (b)(1), by inserting ``or entered into by
the Secretary of State,'' after ``Secretary of State,'';
(5) in subsection (e)--
(A) in the subsection heading, by striking
``Multinational Military Center of Excellence '' and
inserting ``Multinational Center of Excellence'';
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and moving
the subparagraphs two ems to the right;
(C) in the matter preceding subparagraph (A), as so
redesignated, by striking ``means an entity'' and
inserting ``means--
``(1) an entity'';
(D) in subparagraph (D), as so redesignated, by
striking the period at the end and inserting ``; and'';
and
(E) by adding at the end the following new
paragraph:
``(2) the European Centre of Excellence for Countering
Hybrid Threats, established in 2017 and located in Helsinki,
Finland.'';
(6) by redesignating subsection (e) as subsection (f); and
(7) by inserting after subsection (d) the following new
subsection (e):
``(e) Notification.--Not later than 30 days before the date on
which the Secretary of Defense authorizes participation under
subsection (a) in a new multinational center of excellence, the
Secretary shall notify the congressional defense committees of such
participation.''.
(b) Conforming Amendment.--Title 10, United States Code, is
amended, in the table of sections at the beginning of subchapter V of
chapter 16, by striking the item relating to section 344 and inserting
the following:
``344. Participation in multinational centers of excellence.''.
SEC. 1207. IMPLEMENTATION OF THE WOMEN, PEACE, AND SECURITY ACT OF
2017.
(a) In General.--During the period beginning on the date of the
enactment of this Act and ending on September 30, 2025, the Secretary
of Defense shall undertake activities consistent with the Women, Peace,
and Security Act of 2017 (Public Law 115-68; 131 Stat. 1202) and with
the guidance specified in this section, including--
(1) establishing Department of Defense-wide policies and
programs that advance the implementation of that Act, including
military doctrine and Department-specific and combatant
command-specific programs;
(2) ensuring the Department sufficient personnel to serve
as gender advisors, including by hiring and training full-time
equivalent personnel, as necessary, and establishing roles,
responsibilities, and requirements for gender advisors;
(3) the deliberate integration of gender analysis into
relevant training for members of the Armed Forces across ranks,
as described in the Women's Entrepreneurship and Economic
Empowerment Act of 2018 (Public Law 115-428; 132 Stat. 5509);
and
(4) security cooperation activities that further the
implementation of the Women, Peace, and Security Act of 2017
(Public Law 115-68; 131 Stat. 1202).
(b) Building Partner Defense Institution and Security Force
Capacity.--
(1) Incorporation of gender analysis and participation of
women into security cooperation activities.--Consistent with
the Women, Peace, and Security Act of 2017 (Public Law 115-68;
131 Stat. 1202), the Secretary of Defense, in coordination with
the Secretary of State, shall seek to incorporate gender
analysis and participation by women, as appropriate, into the
institutional and national security force capacity-building
activities of security cooperation programs carried out under
title 10, United States Code, including by--
(A) incorporating gender analysis and women, peace,
and security priorities, including sex-disaggregated
data, into educational and training materials and
programs authorized by section 333 of title 10, United
States Code;
(B) advising on the recruitment, employment,
development, retention, and promotion of women in such
national security forces, including by--
(i) identifying existing military career
opportunities for women;
(ii) exposing women and girls to careers
available in such national security forces and
the skills necessary for such careers; and
(iii) encouraging women's and girls'
interest in such careers by highlighting as
role models women of the United States and
applicable foreign countries in uniform;
(C) addressing sexual harassment and abuse against
women within such national security forces;
(D) integrating gender analysis into security
sector policy, planning, and training for such national
security forces; and
(E) improving infrastructure to address the
requirements of women serving in such national security
forces, including appropriate equipment for female
security and police forces.
(2) Barriers and opportunities.--Partner country
assessments conducted in the course of Department security
cooperation activities to build the capacity of the national
security forces of foreign countries shall include attention to
the barriers and opportunities with respect to strengthening
recruitment, employment, development, retention, and promotion
of women in the military forces of such partner countries.
(c) Department-wide Policies on Women, Peace, and Security.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall initiate a process to establish standardized
policies described in subsection (a)(1).
(d) Funding.--The Secretary of Defense may use funds authorized to
be appropriated in each fiscal year to the Department of Defense for
operation and maintenance as specified in the table in section 4301 for
carrying out the full implementation of the Women, Peace, and Security
Act of 2017 (Public Law 115-68; 131 Stat. 1202) and the guidance on the
matters described in paragraphs (1) through (4) of subsection (a) and
subparagraphs (A) through (E) of subsection (b)(1).
(e) Annual Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter through 2025, the
Secretary of Defense shall submit to the appropriate committees of
Congress a report on the steps the Department has taken to implement
the Women, Peace, and Security Act of 2017 (Public Law 115-68; 131
Stat. 1202), including--
(1) a description of the progress made on each matter
described in paragraphs (1) through (4) of subsection (a) and
subparagraphs (A) through (E) of subsection (b)(1); and
(2) an identification of the amounts used for such
purposes.
(f) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1208. TED STEVENS CENTER FOR ARCTIC SECURITY STUDIES.
(a) Plan Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
congressional defense committees a plan to establish a
Department of Defense Regional Center for Security Studies for
the Arctic.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) A description of the benefits of establishing
such a center, including the manner in which the
establishment of such a center would benefit United
States and Department interests in the Arctic region.
(B) A description of the mission and purpose of
such a center, including specific policy guidance from
the Office of the Secretary of Defense.
(C) An analysis of suitable reporting relationships
with the applicable combatant commands.
(D) An assessment of suitable locations for such a
center that are--
(i) in proximity to other academic
institutions that study security implications
with respect to the Arctic region;
(ii) in proximity to the designated lead
for Arctic affairs of the United States
Northern Command;
(iii) in proximity to a central hub of
assigned Arctic-focused Armed Forces so as to
suitably advance relevant professional
development of skills unique to the Arctic
region; and
(iv) in a State located outside the
contiguous United States.
(E) A description of the establishment and
operational costs of such a center, including for--
(i) military construction for required
facilities;
(ii) facility renovation;
(iii) personnel costs for faculty and
staff; and
(iv) other costs the Secretary of Defense
considers appropriate.
(F) An evaluation of the existing infrastructure,
resources, and personnel available at military
installations and at universities and other academic
institutions that could reduce the costs described in
accordance with subparagraph (E).
(G) An examination of partnership opportunities
with United States allies and partners for potential
collaboration and burden sharing.
(H) A description of potential courses and programs
that such a center could carry out, including--
(i) core, specialized, and advanced
courses;
(ii) planning workshops;
(iii) seminars;
(iv) confidence-building initiatives; and
(v) academic research.
(I) A description of any modification to title 10,
United States Code, necessary for the effective
operation of such a center.
(3) Form.--The plan required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Establishment.--
(1) In general.--Not earlier than 30 days after the
submittal of the plan required by subsection (a), and subject
to the availability of appropriations, the Secretary of Defense
may establish and administer a Department of Defense Regional
Center for Security Studies for the Arctic, to be known as the
``Ted Stevens Center for Arctic Security Studies'', for the
purpose described in section 342(a) of title 10, United States
Code.
(2) Location.--The Ted Stevens Center for Arctic Security
Studies may be located--
(A) in proximity to other academic institutions
that study security implications with respect to the
Arctic region;
(B) in proximity to the designated lead for Arctic
affairs of the United States Northern Command;
(C) in proximity to a central hub of assigned
Arctic-focused Armed Forces so as to suitably advance
relevant professional development of skills unique to
the Arctic region; and
(D) in a State located outside the contiguous
United States.
SEC. 1209. FUNCTIONAL CENTER FOR SECURITY STUDIES IN IRREGULAR WARFARE.
(a) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
congressional defense committees a report that assesses the
merits and feasibility of establishing and administering a
Department of Defense Functional Center for Security Studies in
Irregular Warfare.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the benefits to the United
States, and the allies and partners of the United
States, of establishing such a functional center,
including the manner in which the establishment of such
a functional center would enhance and sustain focus on,
and advance knowledge and understanding of, matters of
irregular warfare, including cybersecurity, nonstate
actors, information operations, counterterrorism,
stability operations, and the hybridization of such
matters.
(B) A detailed description of the mission and
purpose of such a functional center, including
applicable policy guidance from the Office of the
Secretary of Defense.
(C) An analysis of appropriate reporting and
liaison relationships between such a functional center
and--
(i) the geographic and functional combatant
commands;
(ii) other Department of Defense
stakeholders; and
(iii) other government and nongovernment
entities and organizations.
(D) An enumeration and valuation of criteria
applicable to the determination of a suitable location
for such a functional center.
(E) A description of the establishment and
operational costs of such a functional center,
including for--
(i) military construction for required
facilities;
(ii) facility renovation;
(iii) personnel costs for faculty and
staff; and
(iv) other costs the Secretary of Defense
considers appropriate.
(F) An evaluation of the existing infrastructure,
resources, and personnel available at military
installations and at universities and other academic
and research institutions that could reduce the costs
described in subparagraph (E).
(G) An examination of partnership opportunities
with United States allies and partners for potential
collaboration and burden sharing.
(H) A description of potential courses and programs
that such a functional center could carry out,
including--
(i) core, specialized, and advanced
courses;
(ii) planning workshops and structured
after-action reviews or debriefs;
(iii) seminars;
(iv) initiatives on executive development,
relationship building, partnership outreach,
and any other matter the Secretary of Defense
considers appropriate; and
(v) focused academic research and studies
in support of Department priorities.
(I) A description of any modification to title 10,
United States Code, or any other provision of law,
necessary for the effective establishment and
administration of such a functional center.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Establishment.--
(1) In general.--Not earlier than 30 days after the
submittal of the report required by subsection (a), and subject
to the availability of appropriated funds, the Secretary of
Defense may establish and administer a Department of Defense
Functional Center for Security Studies in Irregular Warfare.
(2) Treatment as a regional center for security studies.--A
Department of Defense Functional Center for Security Studies in
Irregular Warfare established under paragraph (1) shall be
operated and administered in the same manner as the Department
of Defense Regional Centers for Security Studies under section
342 of title 10, United States Code, and in accordance with
such regulations as the Secretary of Defense may prescribe.
(3) Limitation.--No other institution or element of the
Department may be designated as a Department of Defense
functional center, except by an Act of Congress.
(4) Location.--The location of a Department of Defense
Functional Center for Security Studies in Irregular Warfare
established under paragraph (1) shall be selected based on an
objective, criteria-driven administrative or competitive award
process, in accordance with which the merits of locating such
functional center in Tempe, Arizona, may be evaluated together
with other suitable locations.
SEC. 1210. OPEN TECHNOLOGY FUND.
(a) Short Title.--This section may be cited as the ``Open
Technology Fund Authorization Act''.
(b) Findings.--Congress finds the following:
(1) The political, economic, and social benefits of the
internet are important to advancing democracy and freedom
throughout the world.
(2) Authoritarian governments are investing billions of
dollars each year to create, maintain, and expand repressive
internet censorship and surveillance systems to limit free
association, control access to information, and prevent
citizens from exercising their rights to free speech.
(3) Over \2/3\ of the world's population live in countries
in which the internet is restricted. Governments shut down the
internet more than 200 times every year.
(4) Internet censorship and surveillance technology is
rapidly being exported around the world, particularly by the
Government of the People's Republic of China, enabling
widespread abuses by authoritarian governments.
(c) Sense of Congress.--It is the sense of Congress that it is in
the interest of the United States--
(1) to promote global internet freedom by countering
internet censorship and repressive surveillance;
(2) to protect the internet as a platform for--
(A) the free exchange of ideas;
(B) the promotion of human rights and democracy;
and
(C) the advancement of a free press; and
(3) to support efforts that prevent the deliberate misuse
of the internet to repress individuals from exercising their
rights to free speech and association, including countering the
use of such technologies by authoritarian regimes.
(d) Establishment of the Open Technology Fund.--
(1) In general.--The United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended by
inserting after section 309 the following:
``SEC. 309A. OPEN TECHNOLOGY FUND.
``(a) Authority.--
``(1) Establishment.--There is established a grantee
entity, to be known as the `Open Technology Fund', which shall
carry out this section.
``(2) In general.--Grants authorized under section 305
shall be available to award annual grants to the Open
Technology fund for the purpose of--
``(A) promoting, consistent with United States law,
unrestricted access to uncensored sources of
information via the internet; and
``(B) enabling journalists, including journalists
employed by or affiliated with the Voice of America,
Radio Free Europe/Radio Liberty, Radio Free Asia, the
Middle East Broadcasting Networks, the Office of Cuba
Broadcasting, or any entity funded by or partnering
with the United States Agency for Global Media to
create and disseminate news and information consistent
with the purposes, standards, and principles specified
in sections 302 and 303.
``(b) Use of Grant Funds.--The Open Technology Fund shall use grant
funds received pursuant to subsection (a)(2)--
``(1) to advance freedom of the press and unrestricted
access to the internet in repressive environments overseas
through technology development, rather than through media
messaging;
``(2) to research, develop, implement, and maintain--
``(A) technologies that circumvent techniques used
by authoritarian governments, nonstate actors, and
others to block or censor access to the internet,
including circumvention tools that bypass internet
blocking, filtering, and other censorship techniques
used to limit or block legitimate access to content and
information; and
``(B) secure communication tools and other forms of
privacy and security technology that facilitate the
creation and distribution of news and enable audiences
to access media content on censored websites;
``(3) to advance internet freedom by supporting private and
public sector research, development, implementation, and
maintenance of technologies that provide secure and uncensored
access to the internet to counter attempts by authoritarian
governments, nonstate actors, and others to improperly restrict
freedom online;
``(4) to research and analyze emerging technical threats
and develop innovative solutions through collaboration with the
private and public sectors to maintain the technological
advantage of the United States Government over authoritarian
governments, nonstate actors, and others;
``(5) to develop, acquire, and distribute requisite
internet freedom technologies and techniques for the United
States Agency for Global Media, in accordance with paragraph
(2), and digital security interventions, to fully enable the
creation and distribution of digital content between and to all
users and regional audiences;
``(6) to prioritize programs for countries, the governments
of which restrict freedom of expression on the internet, that
are important to the national interest of the United States in
accordance with section 7050(b)(2)(C) of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2020 (division G of Public Law 116-94); and
``(7) to carry out any other effort consistent with the
purposes of this Act or press freedom overseas if requested or
approved by the United States Agency for Global Media.
``(c) Methodology.--In carrying out subsection (b), the Open
Technology Fund shall--
``(1)(A) support fully open-source tools, code, and
components, to the extent practicable, to ensure such supported
tools and technologies are as secure, transparent, and
accessible as possible; and
``(B) require that any such tools, components, code, or
technology supported by the Open Technology Fund remain fully
open-source, to the extent practicable;
``(2) support technologies that undergo comprehensive
security audits to ensure that such technologies are secure and
have not been compromised in a manner detrimental to the
interests of the United States or to individuals or
organizations benefitting from programs supported by the Open
Technology Fund;
``(3) review and periodically update, as necessary,
security auditing procedures used by the Open Technology Fund
to reflect current industry security standards;
``(4) establish safeguards to mitigate the use of such
supported technologies for illicit purposes;
``(5) solicit project proposals through an open,
transparent, and competitive application process to attract
innovative applications and reduce barriers to entry;
``(6)(A) seek input from technical, regional, and subject
matter experts from a wide range of relevant disciplines; and
``(B) to review, provide feedback, and evaluate proposals
to ensure that the most competitive projects are funded;
``(7) implement an independent review process, through
which proposals are reviewed by such experts to ensure the
highest degree of technical review and due diligence;
``(8) maximize cooperation with the public and private
sectors, foreign allies, and partner countries to maximize
efficiencies and eliminate duplication of efforts; and
``(9) utilize any other methodology approved by the United
States Agency for Global Media in furtherance of the mission of
the Open Technology Fund.
``(d) Grant Agreement.--Any grant agreement with, or grants made
to, the Open Technology Fund under this section shall be subject to the
following limitations and restrictions:
``(1) The headquarters of the Open Technology Fund and its
senior administrative and managerial staff shall be located in
a location which ensures economy, operational effectiveness,
and accountability to the United States Agency for Global
Media.
``(2) Grants awarded under this section shall be made
pursuant to a grant agreement requiring that--
``(A) grant funds are only used only activities
consistent with this section; and
``(B) failure to comply with such requirement shall
result in termination of the grant without further
fiscal obligation to the United States.
``(3) Each grant agreement under this section shall require
that each contract entered into by the Open Technology Fund
specify that all obligations are assumed by the grantee and not
by the United States Government.
``(4) Each grant agreement under this section shall require
that any lease agreements entered into by the Open Technology
Fund shall be, to the maximum extent possible, assignable to
the United States Government.
``(5) Administrative and managerial costs for operation of
the Open Technology Fund--
``(A) should be kept to a minimum; and
``(B) to the maximum extent feasible, should not
exceed the costs that would have been incurred if the
Open Technology Fund had been operated as a Federal
entity rather than as a grantee.
``(6) Grant funds may not be used for any activity whose
purpose is influencing the passage or defeat of legislation
considered by Congress.
``(e) Relationship to the United States Agency for Global Media.--
``(1) In general.--The Open Technology Fund shall be
subject to the oversight and governance by the United States
Agency for Global Media in accordance with section 305.
``(2) Assistance.--The United States Agency for Global
Media, its broadcast entities, and the Open Technology Fund
should render such assistance to each other as may be necessary
to carry out the purposes of this section or any other
provision under this Act.
``(3) Not a federal agency or instrumentality.--Nothing in
this section may be construed to make the Open Technology Fund
an agency or instrumentality of the Federal Government.
``(4) Detailees.--Employees of a grantee of the United
States Agency for Global Media may be detailed to the Agency,
in accordance with the Intergovernmental Personnel Act of 1970
(42 U.S.C. 4701 et seq.) and Federal employees may be detailed
to a grantee of the United States Agency for Global Media, in
accordance with such Act.
``(f) Relationship to Other United States Government-funded
Internet Freedom Programs.--The United States Agency for Global Media
shall ensure that internet freedom research and development projects of
the Open Technology Fund are deconflicted with internet freedom
programs of the Department of State and other relevant United States
Government departments. Agencies should still share information and
best practices relating to the implementation of subsections (b) and
(c).
``(g) Reporting Requirements.--
``(1) Annual report.--The Open Technology Fund shall
highlight, in its annual report, internet freedom activities,
including a comprehensive assessment of the Open Technology
Fund's activities relating to the implementation of subsections
(b) and (c), which shall include--
``(A) an assessment of the current state of global
internet freedom, including--
``(i) trends in censorship and surveillance
technologies and internet shutdowns; and
``(ii) the threats such pose to
journalists, citizens, and human rights and
civil society organizations; and
``(B) a description of the technology projects
supported by the Open Technology Fund and the
associated impact of such projects in the most recently
completed year, including--
``(i) the countries and regions in which
such technologies were deployed;
``(ii) any associated metrics indicating
audience usage of such technologies; and
``(iii) future-year technology project
initiatives.
``(2) Assessment of the effectiveness of the open
technology fund.--Not later than 2 years after the date of the
enactment of this section, the Inspector General of the
Department of State and the Foreign Service shall submit a
report to the appropriate congressional committees that
indicates--
``(A) whether the Open Technology Fund is--
``(i) technically sound;
``(ii) cost effective; and
``(iii) satisfying the requirements under
this section; and
``(B) the extent to which the interests of the
United States are being served by maintaining the work
of the Open Technology Fund.
``(h) Audit Authorities.--
``(1) In general.--Financial transactions of the Open
Technology Fund that relate to functions carried out under this
section may be audited by the Government Accountability Office
in accordance with such principles and procedures and under
such rules and regulations as may be prescribed by the
Comptroller General of the United States. Any such audit shall
be conducted at the place or places at which accounts of the
Open Technology Fund are normally kept.
``(2) Access by gao.--The Government Accountability Office
shall have access to all books, accounts, records, reports,
files, papers, and property belonging to or in use by the Open
Technology Fund pertaining to financial transactions as may be
necessary to facilitate an audit. The Government Accountability
Office shall be afforded full facilities for verifying
transactions with any assets held by depositories, fiscal
agents, and custodians. All such books, accounts, records,
reports, files, papers, and property of the Open Technology
Fund shall remain in the possession and custody of the Open
Technology Fund.
``(3) Exercise of authorities.--Notwithstanding any other
provision of law, the Inspector General of the Department of
State and the Foreign Service is authorized to exercise the
authorities of the Inspector General Act of 1978 with respect
to the Open Technology Fund.''.
(2) Conforming amendments.--The United States International
Broadcasting Act of 1994 is amended--
(A) in section 304(d) (22 U.S.C. 6203(d)), by
inserting ``the Open Technology Fund,'' before ``the
Middle East Broadcasting Networks'';
(B) in sections 305(a)(20) and 310(c) (22 U.S.C.
6204(a)(20) and 6209(c)), by inserting ``the Open
Technology Fund,'' before ``or the Middle East
Broadcasting Networks'' each place such term appears;
and
(C) in section 310 (22 U.S.C. 6209), by inserting
``the Open Technology Fund,'' before ``and the Middle
East Broadcasting Networks'' each place such term
appears.
(3) Authorization of appropriations.--There is authorized
to be appropriated for the Open Technology Fund, which shall be
used to carry out section 309A of the United States
International Broadcasting Act of 1994, as added by paragraph
(1)--
(A) $20,000,000 for fiscal year 2021; and
(B) $25,000,000 for fiscal year 2022.
(e) United States Advisory Commission on Public Diplomacy.--
Section 1334 of the Foreign Affairs Reform and Restructuring Act of
1998 (22 U.S.C. 6553) is amended by striking ``October 1, 2020'' and
inserting ``October 1, 2025''.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED
STATES MILITARY OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 393), as most recently amended by section 1217 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92), is
further amended by striking ``beginning on October 1, 2019, and ending
on December 31, 2020'' and inserting ``beginning on October 1, 2020,
and ending on December 31, 2021''.
(b) Modification to Limitation.--Subsection (d)(1) of such section
is amended--
(1) by striking ``beginning on October 1, 2019, and ending
on December 31, 2020'' and inserting ``beginning on October 1,
2020, and ending on December 31, 2021''; and
(2) by striking ``$450,000,000'' and inserting
``$180,000,000''.
SEC. 1212. EXTENSION AND MODIFICATION OF COMMANDERS' EMERGENCY RESPONSE
PROGRAM.
Section 1201 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1619), as most recently amended
by section 1208(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92), is further amended--
(1) in subsection (a)--
(A) by striking ``December 31, 2020'' and inserting
``December 31, 2021''; and
(B) by striking ``$2,500,000'' and inserting
``$2,000,000'';
(2) in subsection (b), by striking the subsection
designation and heading and all that follows through the period
at the end of paragraph (1) and inserting the following:
``(b) Quarterly Reports.--
``(1) In general.--Beginning in fiscal year 2021, not later
than 45 days after the end of each quarter fiscal year, the
Secretary of Defense shall submit to the congressional defense
committees a report regarding the source of funds and the
allocation and use of funds during that quarter fiscal year
that were made available pursuant to the authority provided in
this section or under any other provision of law for the
purposes of the program under subsection (a).''; and
(3) in subsection (f), by striking ``December 31, 2020''
and inserting ``December 31, 2021''.
SEC. 1213. EXTENSION AND MODIFICATION OF SUPPORT FOR RECONCILIATION
ACTIVITIES LED BY THE GOVERNMENT OF AFGHANISTAN.
(a) Modification of Authority To Provide Covered Support.--
Subsection (a) of section 1218 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) is amended--
(1) by striking the subsection designation and heading and
all that follows through ``The Secretary of Defense'' and
inserting the following:
``(a) Authority To Provide Covered Support.--
``(1) In general.--Subject to paragraph (2), the Secretary
of Defense''; and
(2) by adding at the end the following new paragraph:
``(2) Limitation on use of funds.--Amounts authorized to be
appropriated or otherwise made available for the Department of
Defense by this Act may not be obligated or expended to provide
covered support until the date on which the Secretary of
Defense submits to the appropriate committees of Congress the
report required by subsection (b).''.
(b) Participation in Reconciliation Activities.--Such section is
further amended--
(1) by redesignating subsections (i) through (k) as
subsections (j) through (l), respectively;
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Participation in Reconciliation Activities.--Covered support
may only be used to support a reconciliation activity that--
``(1) includes the participation of members of the
Government of Afghanistan; and
``(2) does not restrict the participation of women.''.
(c) Extension.--Subsection (k) of such section, as so redesignated,
is amended by striking ``December 31, 2020'' and inserting ``December
31, 2021''.
(d) Exclusions From Covered Support.--Such section is further
amended in paragraph (2)(B) of subsection (l), as so redesignated--
(1) in clause (ii), by inserting ``, reimbursement for
travel or lodging, and stipends or per diem payments'' before
the period at the end; and
(2) by adding at the end the following new clause:
``(iii) Any activity involving one or more
members of an organization designated as a
foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189) or an individual designated
as a specially designated global terrorist
pursuant to Executive Order 13224 (50 U.S.C.
1701 note; relating to blocking property and
prohibiting transactions with persons who
commit, threaten to commit, or support
terrorism).''.
SEC. 1214. SENSE OF SENATE ON SPECIAL IMMIGRANT VISA PROGRAM FOR AFGHAN
ALLIES.
It is the sense of the Senate that--
(1) the special immigrant visa program for Afghan allies is
critical to the mission in Afghanistan and the long-term
interests of the United States;
(2) maintaining a robust special immigrant visa program for
Afghan allies is necessary to support United States Government
personnel in Afghanistan who need translation, interpretation,
security, and other services;
(3) Afghan allies routinely risk their lives to assist
United States military and diplomatic personnel;
(4) honoring the commitments made to Afghan allies with
respect to the special immigrant visa program is essential to
ensuring--
(A) the continued service and safety of such
allies; and
(B) the willingness of other like-minded
individuals to provide similar services in any future
contingency;
(5) the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101
note) states that all Government-controlled processing of
applications for special immigrant visas under that Act
``should be completed not later than 9 months after the date on
which an eligible alien submits all required materials to
complete an application for such visa'';
(6) any backlog in processing special immigrant visa
applications should be addressed as quickly as possible so as
to honor the United States commitment to Afghan allies as soon
as possible;
(7) failure to process such applications in an expeditious
manner puts lives at risk and jeopardizes a critical element of
support to United States operations in Afghanistan; and
(8) to prevent harm to the operations of the United States
Government in Afghanistan, additional visas should be made
available to principal aliens who are eligible for special
immigrant status under that Act.
SEC. 1215. SENSE OF SENATE AND REPORT ON UNITED STATES PRESENCE IN
AFGHANISTAN.
(a) Sense of the Senate.--It is the sense of the Senate that--
(1) the United States and our coalition partners have made
progress in the fight against al-Qaeda and ISIS in Afghanistan;
however, both groups--
(A) maintain an ability to operate in Afghanistan;
(B) seek to undermine stability in the region; and
(C) threaten the security of Afghanistan, the
United States, and the allies of the United States;
(2) the South Asia strategy correctly emphasizes the
importance of a conditions-based United States presence in
Afghanistan; therefore, any decision to withdraw the Armed
Forces of the United States from Afghanistan should be done in
an orderly manner in response to conditions on the ground, and
in coordination with the Government of Afghanistan and United
States allies and partners in the Resolute Support mission,
rather than arbitrary timelines;
(3) a precipitous withdrawal of the Armed Forces of the
United States and United States diplomatic and intelligence
personnel from Afghanistan without effective, countervailing
efforts to secure gains in Afghanistan may allow violent
extremist groups to regenerate, threatening the security of the
Afghan people and creating a security vacuum that could
destabilize the region and provide ample safe haven for
extremist groups seeking to conduct external attacks;
(4) ongoing diplomatic efforts to secure a peaceful,
negotiated solution to the conflict in Afghanistan are the best
path forward for establishing long-term stability and
eliminating the threat posed by extremist groups in
Afghanistan;
(5) the United States supports international diplomatic
efforts to facilitate peaceful, negotiated resolution to the
ongoing conflict in Afghanistan on terms that respect the
rights of innocent civilians and deny safe havens to
terrorists; and
(6) as part of such diplomatic efforts, and as a condition
to be met prior to withdrawal, the United States should seek to
secure the release of any United States citizens being held
against their will in Afghanistan.
(b) Report.--
(1) In general.--Not later than September 1, 2020, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representative a report
that includes--
(A) an assessment of--
(i) the external threat posed by extremist
groups operating in Afghanistan to the United
States homeland and the homelands of United
States allies;
(ii) the impact of cessation of United
States counterterrorism activities on the size,
strength, and external aims of such groups; and
(iii) the international financial support
the Afghan National Defense and Security Forces
requires in order to maintain current
operational capabilities, including force
cohesion and combat effectiveness;
(B) a plan for the orderly transition of all
security-related tasks currently undertaken by the
Armed Forces of the United States in support of the
Afghan National Defense and Security Forces to
Afghanistan, including--
(i) precision targeting of Afghanistan-
based terrorists;
(ii) combat-enabler support, such as
artillery and aviation assets; and
(iii) noncombat-enabler support, such as
intelligence, surveillance and reconnaissance,
medical evacuation, and contractor logistic
support; and
(C) an update on the status of any United States
citizens detained in Afghanistan, and an overview of
Administration efforts to secure their release.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
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.
(a) Extension.--Subsection (a) of section 1236 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3558), as most recently
amended by section 1233(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
2039), is further amended, in the matter preceding paragraph (1), by
striking ``December 31, 2020'' and inserting ``December 31, 2021''.
(b) Funding.--Subsection (g) of such section 1236, as most recently
amended by section 1221 of the National Defense Authorization Act for
Fiscal year 2020 (Public Law 116-92), is amended to read as follows:
``(g) Funding.--
``(1) In general.--Of the amounts authorized to be
appropriated for the Department of Defense for Overseas
Contingency Operations for fiscal year 2021, not more than
$322,500,000 may be used to carry out this section.
``(2) Limitation and report.--
``(A) In general.--Of the funds authorized to be
appropriated under paragraph (1), not more than 25
percent may be obligated or expended until the date on
which the Secretary of Defense submits to the
appropriate congressional committees a report that
includes the following:
``(i) An explanation of the manner in which
such support aligns with the objectives
contained in the national defense strategy.
``(ii) A description of the manner in which
such support is synchronized with larger whole-
of-government funding efforts to strengthen the
bilateral relationship between the United
States and Iraq.
``(iii) A description of--
``(I) actions taken by the
Government of Iraq to assert control
over popular mobilization forces; and
``(II) the role of popular
mobilization forces in the national
security apparatus of Iraq.
``(iv) A plan to fully transition security
assistance for the Iraqi Security Forces from
the Counter-Islamic State of Iraq and Syria
Train and Equip Fund to standing security
assistance authorities managed by the Defense
Security Cooperation Agency and the Department
of State by not later than September 30, 2022.
``(B) Form.--The report under subparagraph (A)
shall be submitted in unclassified form but may include
a classified annex.''.
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS.
Section 1209 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 127 Stat. 3541), as most recently amended by section 1222(a)
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92), is further amended--
(1) in the section heading, by striking ``the vetted syrian
opposition'' and inserting ``vetted syrian groups and
individuals'';
(2) in subsection (a), in the matter preceding paragraph
(1), by striking ``December 31, 2020'' and inserting ``December
31, 2021'';
(3) by striking subsections (b) and (c);
(4) by redesignating subsections (d) through (m) as
subsections (b) through (k), respectively; and
(5) in paragraph (2) of subsection (b), as so
redesignated--
(A) in subparagraph (J)(iii), by redesignating
subclause (I) as subparagraph (M) and moving the
subparagraph four ems to the left;
(B) by redesignating subparagraphs (A) through (F)
and (G) through (J) as subparagraphs (B) through (G)
and (I) through (L), respectively;
(C) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) An accounting of the obligation and
expenditure of authorized funding for the current and
preceding fiscal year.'';
(D) by inserting after subparagraph (G), as so
redesignated, the following new subparagraph (H):
``(H) The mechanisms and procedures that will be
used to monitor and report to the appropriate
congressional committees and leadership of the Senate
and House of Representatives any unauthorized end-use
of provided training and equipment or other violations
of relevant law by appropriately vetted recipients.'';
and
(E) by adding at the end the following new
subparagraph:
``(N) Any other matter the Secretary considers
appropriate.''.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY
COOPERATION IN IRAQ.
(a) Limitation on Amount.--Subsection (c) of section 1215 of the
National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 113
note) is amended--
(1) by striking ``fiscal year 2020'' and inserting ``fiscal
year 2021''; and
(2) by striking ``$30,000,000'' and inserting
``$15,000,000''.
(b) Source of Funds.--Subsection (d) of such section is amended by
striking ``fiscal year 2020'' and inserting ``fiscal year 2021''.
(c) Additional Authority.--Subsection (f) of such section is
amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``fiscal year 2019'' and inserting ``fiscal
year 2021''; and
(2) in paragraph (3), by striking ``the National Defense
Authorization Act for Fiscal Year 2020'' and inserting ``the
National Defense Authorization Act for Fiscal Year 2021''.
(d) Report.--Subsection (g)(1) of such section is amended by
striking ``September 30, 2020'' and inserting ``March 1, 2021''.
(e) Limitation on Availability of Funds.--Subsection (h) of such
section is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``fiscal year 2020'' and inserting
``fiscal year 2021''; and
(B) by striking ``$20,000,000'' and inserting
``$10,000,000'';
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(4) in paragraph (1), as so redesignated, by striking ``The
development of a staffing plan'' and inserting ``A progress
report with respect to the development of a staffing plan'';
and
(5) in paragraph (2), as so redesignated, by striking ``The
initiation'' and inserting ``A progress report with respect to
the initiation''.
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.
Section 1232(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), as most recently
amended by section 1231 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is further amended in the matter
preceding paragraph (1), by striking ``, 2019, or 2020'' and inserting
``2019, 2020, or 2021''.
SEC. 1232. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY
OF THE RUSSIAN FEDERATION OVER CRIMEA.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act for fiscal year 2021 for the Department of Defense may be
obligated or expended to, and the Department may not, implement any
activity that recognizes the sovereignty of the Russian Federation over
Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence of the
Secretary of State, may waive the prohibition under subsection (a) if
the Secretary of Defense--
(1) determines that a waiver is in the national security
interest of the United States; and
(2) on the date on which the waiver is invoked, submits a
notification of the waiver and a justification of the reason
for seeking the waiver to--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1233. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
Section 1250 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1068), as most recently amended
by section 1244 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92), is further amended--
(1) in subsection (c)--
(A) in paragraph (2)(B)--
(i) in clause (iv), by striking ``; and''
and inserting a semicolon;
(ii) in clause (v), by striking the period
at the end and inserting a semicolon; and
(iii) by adding at the end the following:
``(vi) transformation of command and
control structures and roles in line with North
Atlantic Treaty Organization principles; and
``(vii) improvement of human resources
management, including to support career
management reforms, enhanced social support to
military personnel and their families, and
professional military education systems.''; and
(B) by amending paragraph (5) to read as follows:
``(5) Lethal assistance.--Of the funds available for fiscal
year 2021 pursuant to subsection (f)(6), $125,000,000 shall be
available only for lethal assistance described in paragraphs
(2), (3), (11), (12), (13), and (14) of subsection (b).'';
(2) in subsection (f), by adding at the end the following
new paragraph:
``(6) For fiscal year 2021, $250,000,000.''; and
(3) in subsection (h), by striking ``December 31, 2022''
and inserting ``December 31, 2024''.
SEC. 1234. REPORT ON CAPABILITY AND CAPACITY REQUIREMENTS OF MILITARY
FORCES OF UKRAINE AND RESOURCE PLAN FOR SECURITY
ASSISTANCE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly submit to the appropriate committees of Congress a
report on the capability and capacity requirements of the military
forces of Ukraine, which shall include the following:
(1) An analysis of the capability gaps and capacity
shortfalls of the military forces of Ukraine that includes--
(A) an assessment of the requirements of the navy
of Ukraine to accomplish its assigned missions; and
(B) an assessment of the requirements of the air
force of Ukraine to accomplish its assigned missions.
(2) An assessment of the relative priority assigned by the
Government of Ukraine to addressing such capability gaps and
capacity shortfalls.
(3) An assessment of the capability gaps and capacity
shortfalls that--
(A) could be addressed in a sufficient and timely
manner by unilateral efforts of the Government of
Ukraine; and
(B) are unlikely to be addressed in a sufficient
and timely manner solely through unilateral efforts.
(4) An assessment of the capability gaps and capacity
shortfalls described in paragraph (3)(B) that could be
addressed in a sufficient and timely manner by--
(A) the Ukraine Security Assistance Initiative of
the Department of Defense;
(B) Department of Defense security assistance
authorized by section 333 of title 10, United States
Code;
(C) the Foreign Military Financing and Foreign
Military Sales programs of the Department of State; or
(D) the provision of excess defense articles.
(5) An assessment of the human resources requirements of
the Office of Defense Cooperation at the United States Embassy
in Kyiv and any gaps in the capacity of such Office of Defense
Cooperation to provide security assistance to Ukraine.
(6) Any recommendations the Secretary of Defense and the
Secretary of State consider appropriate concerning the
coordination of security assistance efforts of the Department
of Defense and the Department of State with respect to Ukraine.
(b) Resource Plan.--Not later than February 15, 2022, the Secretary
of Defense and the Secretary of State shall jointly submit to the
appropriate committees of Congress a resource plan for United States
security assistance with respect to Ukraine, which shall include the
following:
(1) A plan to resource the following initiatives and
programs with respect to Ukraine in fiscal year 2023 and the
four succeeding fiscal years to meet the most critical
capability gaps and capacity shortfalls of the military forces
of Ukraine:
(A) The Ukraine Security Assistance Initiative of
the Department of Defense.
(B) Department of Defense security assistance
authorized by section 333 of title 10, United States
Code.
(C) The Foreign Military Financing and Foreign
Military Sales programs of the Department of State.
(D) The provision of excess defense articles.
(2) With respect to the navy of Ukraine, the following:
(A) A capability development plan, with milestones,
detailing the manner in which the United States will
assist the Government of Ukraine in meeting the
requirements referred to in subsection (a)(1)(A).
(B) A plan for United States cooperation with third
countries and international organizations that have the
resources and ability to provide immediate assistance
to the navy of Ukraine while maintaining
interoperability with United States platforms to the
extent feasible.
(C) A plan to prioritize the provision of excess
defense articles for the navy of Ukraine to the extent
practicable during fiscal year 2023 and the four
succeeding fiscal years.
(D) An assessment of the manner in which United
States security assistance to the navy of Ukraine is in
the national security interests of the United States.
(3) With respect to the air force of Ukraine, the
following:
(A) A capability development plan, with milestones,
detailing the manner in which the United States will
assist the Government of Ukraine in meeting the
requirements referred to in subsection (a)(1)(B).
(B) A plan for United States cooperation with third
countries and international organizations that have the
resources and ability to provide immediate assistance
to the air force of Ukraine while maintaining
interoperability with United States platforms to the
extent feasible.
(C) A plan to prioritize the provision of excess
defense articles for the air force of Ukraine to the
extent practicable during fiscal year 2023 and the four
succeeding fiscal years.
(D) An assessment of the manner in which United
States security assistance to the air force of Ukraine
is in the national security interests of the United
States.
(4) An assessment of progress on defense institutional
reforms in Ukraine, including with respect to the navy and air
force of Ukraine, during fiscal year 2023 and the four
succeeding fiscal years that will be essential for--
(A) enabling effective use and sustainment of
capabilities developed under security assistance
authorities described in this section;
(B) enhancing the defense of the sovereignty and
territorial integrity of Ukraine;
(C) achieving the stated goal of the Government of
Ukraine of meeting North Atlantic Treaty Organization
standards; and
(D) allowing Ukraine to achieve its full potential
as a strategic partner of the United States.
(c) Form.--The report required by subsection (a) and the resource
plan required by subsection (b) shall each be submitted in a classified
form with an unclassified summary.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1235. SENSE OF SENATE ON NORTH ATLANTIC TREATY ORGANIZATION
ENHANCED OPPORTUNITIES PARTNER STATUS FOR UKRAINE.
It is the sense of the Senate that--
(1) the United States should support the designation of
Ukraine as an enhanced opportunities partner as part of the
Partnership Interoperability Initiative of the North Atlantic
Treaty Organization;
(2) the participation of Ukraine in the enhanced
opportunities partner program is in the shared security
interests of Ukraine, the United States, and the North Atlantic
Treaty Organization alliance;
(3) the unique experience, capabilities, and technical
expertise of Ukraine, especially with respect to hybrid
warfare, cybersecurity, and foreign disinformation, would
enable Ukraine to make a positive contribution to the North
Atlantic Treaty Organization alliance through participation in
the enhanced opportunities partner program;
(4) while not a replacement for North Atlantic Treaty
Organization membership, participation in the enhanced
opportunities partner program would have significant benefits
for the security of Ukraine, including--
(A) more regular consultations on security matters;
(B) enhanced access to interoperability programs
and exercises;
(C) expanded information sharing; and
(D) improved coordination of crisis preparedness
and response; and
(5) progress on defense institutional reforms in Ukraine,
including defense institutional reforms intended to align the
military forces of Ukraine with North Atlantic Treaty
Organization standards, remains essential for--
(A) a more effective defense of the sovereignty and
territorial integrity of Ukraine;
(B) allowing Ukraine to achieve its full potential
as a strategic partner of the United States; and
(C) increased cooperation between Ukraine and the
North Atlantic Treaty Organization.
SEC. 1236. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN EUROPEAN
NATIONAL SECURITY FORCES IN THE COURSE OF MULTILATERAL
EXERCISES.
Subsection (h) of section 1251 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note), as most
recently amended by section 1247 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) is further amended--
(1) in the first sentence, by striking ``December 31,
2021'' and inserting ``December 31, 2023''; and
(2) in the second sentence, by striking ``the period
beginning on October 1, 2015, and ending on December 31, 2021''
and inserting ``the period beginning on October 1, 2015, and
ending on December 31, 2023''.
SEC. 1237. SENSE OF SENATE ON KOSOVO AND THE ROLE OF THE KOSOVO FORCE
OF THE NORTH ATLANTIC TREATY ORGANIZATION.
It is the sense of the Senate that--
(1) normalization of relations between Kosovo and Serbia is
in the interest of both countries and would enhance security
and stability in the Western Balkans;
(2) the United States should continue to support the
diplomatic efforts of Kosovo and Serbia to reach a historic
agreement to normalize relations between the two countries;
(3) mutual recognition should be a central element of
normalization of relations between Kosovo and Serbia;
(4) both Kosovo and Serbia should refrain from actions that
would make an agreement more difficult to achieve;
(5) the Kosovo Force of the North Atlantic Treaty
Organization continues to play an indispensable role in
maintaining security and stability, which are the essential
predicates for the success of the diplomatic efforts of Kosovo
and Serbia to achieve normalization of relations;
(6) the participation of the United States Armed Forces in
the Kosovo Force is foundational to the credibility and success
of mission of the Kosovo Force;
(7) with the North Atlantic Treaty Organization allies and
other European partners contributing over 80 percent of the
troops for the mission, the Kosovo Force represents a positive
example of burden sharing;
(8) together with the allies and partners of the United
States, the United States should--
(A) maintain its commitment to the Kosovo Force;
and
(B) take all appropriate steps to ensure that the
Kosovo Force has the necessary personnel, capabilities,
and resources to perform its critical mission; and
(9) the United States should continue to support the
gradual transition of the Kosovo Security Force to a multi-
ethnic army for the Republic of Kosovo that is interoperable
with North Atlantic Treaty Organization members through an
inclusive and transparent process that--
(A) respects the rights and concerns of all
citizens of Kosovo;
(B) promotes regional security and stability; and
(C) supports the aspirations of Kosovo for eventual
full membership in 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.
It is the sense of the Senate that--
(1) the 2018 National Defense Strategy affirms the re-
emergence of long-term strategic competition with the Russian
Federation as a principal priority for the Department of
Defense that requires sustained investment due to the magnitude
of the threat posed to United States security, prosperity, and
alliances and partnerships;
(2) given the continued military modernization of the
Russian Federation, including the development of long-range
strike systems and other advanced capabilities, the United
States should prioritize efforts within the North Atlantic
Treaty Organization to implement timely measures to ensure that
the deterrence and defense posture of the North Atlantic Treaty
Organization remains credible and effective;
(3) the United States should reaffirm support for the open-
door policy of the North Atlantic Treaty Organization;
(4) to enhance deterrence against aggression by the Russian
Federation, the Department of Defense should--
(A) continue--
(i) to prioritize funding for the European
Deterrence Initiative to address capability
gaps, capacity shortfalls, and infrastructure
requirements of the Joint Force in Europe;
(ii) to increase pre-positioned stocks of
equipment in Europe; and
(iii) rotational deployments of United
States forces to Romania and Bulgaria while
pursuing training opportunities at military
locations such as Camp Mihail Kogalniceanu in
Romania and Novo Selo Training Area in
Bulgaria;
(B) increase--
(i) focus and resources to address the
changing military balance in the Black Sea
region;
(ii) the frequency, scale, and scope of
North Atlantic Treaty Organization and other
multilateral exercises in the Black Sea region,
including with the participation of Ukraine and
Georgia; and
(iii) presence and activities in the
Arctic, including special operations training
and naval operations and training;
(C) maintain robust naval presence at Souda Bay,
Greece, and pursue opportunities for increased United
States presence at other locations in Greece;
(D) enhance military-to-military engagement among
Western Balkan countries to promote interoperability
with the North Atlantic Treaty Organization and
regional security cooperation; and
(E) expand information sharing, improve planning
coordination, and increase the frequency, scale, and
scope of exercises with Sweden and Finland to deepen
interoperability; and
(5) to counter Russian Federation activities short of armed
conflict, the Department of Defense should--
(A) integrate with United States interagency
efforts to employ all elements of national power to
counter Russian Federation hybrid warfare; and
(B) bolster the capabilities of allies and partners
to counteract Russian Federation coercion, including
through expanded cyber cooperation and enhanced
resilience against disinformation and malign influence.
SEC. 1239. REPORT ON RUSSIAN FEDERATION SUPPORT OF RACIALLY AND
ETHNICALLY MOTIVATED VIOLENT EXTREMISTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the head of any other relevant Federal department or agency, shall
submit to the appropriate committees of Congress a report on Russian
Federation support of racially and ethnically motivated violent
extremist groups and networks in Europe and the United States,
including such support provided by agents and entities of the Russian
Federation acting at the direction or for the benefit of the Government
of the Russian Federation.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A list of each racially or ethnically motivated violent
extremist group or network in Europe or the United States known
to meet, or suspected of meeting, the following criteria:
(A) The group or network has been targeted or
recruited by the security services of the Russian
Federation.
(B) The group or network has received support
(including training, disinformation or amplification on
social media platforms, financial support, and any
other support) from the Russian Federation or an agent
or entity of the Russian Federation acting at the
direction or for the benefit of the Government of the
Russian Federation.
(C) The group--
(i) has leadership or a base of operations
located within the Russian Federation; and
(ii) operates or maintains a chapter or
network of the group in Europe or the United
States.
(2) An assessment of the manner in which Russian Federation
support of such groups or networks aligns with the strategic
interests of the Russian Federation with respect to Europe and
the United States.
(3) An assessment of the role of such groups or networks
in--
(A) assisting Russian Federation-backed separatist
forces in the Donbas region of Ukraine; or
(B) destabilizing security on the Crimean peninsula
of Ukraine.
(4) An assessment of the manner in which Russian Federation
support of such groups or networks has--
(A) contributed to the destabilization of security
in the Balkans; and
(B) threatened the support for the North Atlantic
Treaty Organization in Southeastern Europe.
(5) A description of any relationship or affiliation
between such groups or networks and ultranationalist or
extremist political parties in Europe and the United States,
and an assessment of the manner in which the Russian Federation
may use such a relationship or affiliation to advance the
strategic interests of the Russian Federation.
(6) A description of the use by the Russian Federation of
social media platforms to support or amplify the presence or
messaging of such groups or networks, and an assessment of any
effort in Europe or the United States to counter such support
or amplification.
(7) A description of the legal and political implications
of the designation of the Russian Imperial Movement, and
members of the leadership of the Russian Imperial Movement, as
specially designated global terrorists pursuant to Executive
Order 13224 (50 U.S.C. 1701 note; relating to blocking property
and prohibiting transactions with persons who commit, threaten
to commit, or support terrorism) and the response of the
Government of the Russian Federation to such designation.
(8) Recommendations of the Secretary of Defense, consistent
with a whole-of-government approach to countering Russian
Federation information warfare and malign influence
operations--
(A) to mitigate the security threat posed by such
groups or networks; and
(B) to reduce or counter Russian Federation support
for such groups or networks.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1240. PARTICIPATION IN EUROPEAN PROGRAM ON MULTILATERAL EXCHANGE
OF SURFACE TRANSPORTATION SERVICES.
(a) In General.--Subchapter II of chapter 138 of title 10, United
States Code, is amended by inserting after subsection (l) the following
new section 2350m:
``Sec. 2350m. Participation in European program on multilateral
exchange of surface transportation services
``(a) Participation Authorized.--
``(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, may authorize the
participation of the Department of Defense in the Surface
Exchange of Services program (in this section referred to as
the `SEOS program') of the Movement Coordination Centre Europe.
``(2) Scope of participation.--Participation of the
Department of Defense in the SEOS program under paragraph (1)
may include--
``(A) the reciprocal exchange or transfer of
surface transportation on a reimbursable basis or by
replacement-in-kind; and
``(B) the exchange of surface transportation
services of an equal value.
``(b) Written Arrangement or Agreement.--
``(1) In general.--Participation of the Department of
Defense in the SEOS program shall be in accordance with a
written arrangement or agreement entered into by the Secretary
of Defense, with the concurrence of the Secretary of State, and
the Movement Coordination Centre Europe.
``(2) Notification.--The Secretary of Defense shall provide
to the congressional defense committees notification of any
arrangement or agreement entered into under paragraph (1).
``(3) Funding arrangements.--If Department of Defense
facilities, equipment, or funds are used to support the SEOS
program, the written arrangement or agreement under paragraph
(1) shall specify the details of any equitable cost-sharing or
other funding arrangement.
``(4) Other elements.--Any written arrangement or agreement
entered into under paragraph (1) shall require that any accrued
credits or liability resulting from an unequal exchange or
transfer of surface transportation services shall be liquidated
through the SEOS program not less than once every five years.
``(c) Implementation.--In carrying out any arrangement or agreement
entered into under subsection (b), the Secretary of Defense may--
``(1) pay the equitable share of the Department of Defense
for the operating expenses of the Movement Coordination Centre
Europe and the SEOS program from funds available to the
Department of Defense for operation and maintenance; and
``(2) assign members of the armed forces or Department of
Defense civilian personnel, within billets authorized for the
United States European Command, to duty at the Movement
Coordination Centre Europe as necessary to fulfill Department
of Defense obligations under that arrangement or agreement.
``(d) Crediting of Receipts.--Any amount received by the Department
of Defense as part of the SEOS program shall be credited, at the option
of the Secretary of Defense, to--
``(1) the appropriation, fund, or account used in incurring
the obligation for which such amount is received; or
``(2) an appropriate appropriation, fund, or account
currently available for the purposes for which the expenditures
were made.
``(e) Annual Report.--
``(1) In general.--Not later than 30 days after the end of
each fiscal year in which the authority under this section is
in effect, the Secretary of Defense shall submit to the
congressional defense committees a report on Department of
Defense participation in the SEOS program during such fiscal
year.
``(2) Elements.--Each report required by paragraph (1)
shall include the following:
``(A) A description of the equitable share of the
costs and activities of the SEOS program paid by the
Department of Defense.
``(B) A description of any amount received by the
Department of Defense as part of such program,
including the country from which the amount was
received.
``(f) Limitation on Statutory Construction.--Nothing in this
section may be construed to authorize the use of foreign sealift in
violation of section 2631.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2350l the following new item:
``2350m. Participation in European program on multilateral exchange of
surface transportation services.''.
SEC. 1241. PARTICIPATION IN PROGRAMS RELATING TO COORDINATION OR
EXCHANGE OF AIR REFUELING AND AIR TRANSPORTATION
SERVICES.
(a) In General.--Subchapter II of chapter 138 of title 10, United
States Code, as amended by section 1240(a), is further amended by
adding at the end the following new section:
``Sec. 2350o. Participation in programs relating to coordination or
exchange of air refueling and air transportation services
``(a) Participation Authorized.--
``(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, may authorize the
participation of the Department of Defense in programs relating
to the coordination or exchange of air refueling and air
transportation services, including in the arrangement known as
the Air Transport and Air-to-Air Refueling and other Exchanges
of Services program (in this section referred to as the `ATARES
program').
``(2) Scope of participation.--Participation of the
Department of Defense in programs referred to in paragraph (1)
may include--
``(A) the reciprocal exchange or transfer of air
refueling and air transportation services on a
reimbursable basis or by replacement-in-kind; and
``(B) the exchange of air refueling and air
transportation services of an equal value.
``(3) Limitations with respect to participation in atares
program.--
``(A) In general.--The Department of Defense
balance of executed flight hours in participation in
the ATARES program under paragraph (1), whether as
credits or debits, may not exceed a total of 500 hours.
``(B) Air refueling.--The Department of Defense
balance of executed flight hours for air refueling in
participation in the ATARES program under paragraph (1)
may not exceed 200 hours.
``(b) Written Arrangement or Agreement.--Participation of the
Department of Defense in a program referred to in subsection (a)(1)
shall be in accordance with a written arrangement or agreement entered
into by the Secretary of Defense, with the concurrence of the Secretary
of State.
``(c) Implementation.--In carrying out any arrangement or agreement
entered into under subsection (b), the Secretary of Defense may--
``(1) pay the equitable share of the Department of Defense
for the recurring and nonrecurring costs of the applicable
program referred to in subsection (a)(1) from funds available
to the Department for operation and maintenance; and
``(2) assign members of the armed forces or Department of
Defense civilian personnel to fulfill Department obligations
under that arrangement or agreement.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter, as amended by section 1240(b), is further amended by
adding at the end the following new item:
``2350o. Participation in programs relating to coordination or exchange
of air refueling and air transportation
services.''.
(c) Repeal.--Section 1276 of the National Defense Authorization Act
for Fiscal Year 2013 (10 U.S.C. 2350c note) is repealed.
SEC. 1242. SENSE OF CONGRESS ON SUPPORT FOR COORDINATED ACTION TO
ENSURE THE SECURITY OF BALTIC ALLIES.
It is the sense of Congress that--
(1) the continued security of the Baltic states of Estonia,
Latvia, and Lithuania is critical to achieving United States
national security interests and defense objectives against the
acute and formidable threat posed by Russia;
(2) the United States and the Baltic states are leaders in
the mission of defending independence and democracy from
aggression and in promoting stability and security within the
North Atlantic Treaty Organization (NATO), with non-NATO
partners, and with other international organizations such as
the European Union;
(3) the Baltic states are model NATO allies in terms of
burden sharing and capital investment in materiel critical to
United States and allied security, investment of over 2 percent
of their gross domestic product on defense expenditure,
allocating over 20 percent of their defense budgets on capital
modernization, matching security assistance from the United
States, frequently deploying their forces around the world in
support of allied and United States objectives, and sharing
diplomatic, technical, military, and analytical expertise on
defense and security matters;
(4) the United States should continue to strengthen
bilateral and multilateral defense by, with, and through allied
nations, particularly those that possess expertise and
dexterity but do not enjoy the benefits of national economies
of scale;
(5) the United States should pursue a dedicated initiative
focused on defense and security assistance, coordination, and
planning designed to ensure the continued security of the
Baltic states and on deterring current and future challenges to
the national sovereignty of United States allies and partners
in the Baltic region; and
(6) such an initiative should include an innovative and
comprehensive conflict deterrence strategy for the Baltic
region encompassing the unique geography of the Baltic states,
modern and diffuse threats to their land, sea, and air spaces,
and necessary improvements to their defense posture, including
command-and-control infrastructure, intelligence, surveillance,
and reconnaissance capabilities, communications equipment and
networks, and special forces.
Subtitle E--Matters Relating to the Indo-Pacific Region
SEC. 1251. PACIFIC DETERRENCE INITIATIVE.
(a) In General.--The Secretary of Defense shall carry out an
initiative to ensure the effective implementation of the National
Defense Strategy with respect to the Indo-Pacific region, to be known
as the ``Pacific Deterrence Initiative'' (in this section referred to
as the ``Initiative'').
(b) Purpose.--The purpose of the Initiative is to carry out only
the following activities:
(1) Activities to increase the lethality of the joint force
in the Indo-Pacific region, including, but not limited to--
(A) by improving active and passive defenses
against theater cruise, ballistic, and hypersonic
missiles for bases, operating locations, and other
critical infrastructure at locations west of the
International Date Line; and
(B) procurement and fielding of--
(i) long-range precision strike systems to
be stationed or pre-positioned west of the
International Date Line;
(ii) critical munitions to be pre-
positioned at locations west of the
International Date Line; and
(iii) command, control, communications,
computers and intelligence, surveillance, and
reconnaissance systems intended for stationing
or operational use in the Indo-Pacific region.
(2) Activities to enhance the design and posture of the
joint force in the Indo-Pacific region, including, but not
limited to, by--
(A) transitioning from large, centralized, and
unhardened infrastructure to smaller, dispersed,
resilient, and adaptive basing at locations west of the
International Date Line;
(B) increasing the number and capabilities of
expeditionary airfields and ports in the Indo-Pacific
region available for operational use at locations west
of the International Date Line;
(C) enhancing pre-positioned forward stocks of
fuel, munitions, equipment, and materiel at locations
west of the International Date Line;
(D) increasing the availability of strategic
mobility assets in the Indo-Pacific region;
(E) improving distributed logistics and maintenance
capabilities in the Indo-Pacific region to ensure
logistics sustainment while under persistent
multidomain attack; and
(F) increasing the presence of the Armed Forces at
locations west of the International Date Line.
(3) Activities to strengthen alliances and partnerships,
including, but not limited to, by--
(A) building capacity of allies and partners; and
(B) improving--
(i) interoperability and information
sharing with allies and partners; and
(ii) information operations capabilities in
the Indo-Pacific region, with a focus on
reinforcing United States commitment to allies
and partners and countering malign influence.
(4) Activities to carry out a program of exercises,
experimentation, and innovation for the joint force in the
Indo-Pacific region.
(c) Plan Required.--Not later than February 15, 2021, the
Secretary, in consultation with the Commander of the United States
Indo-Pacific Command, shall submit to the congressional defense
committees a plan to expend not less than the amounts authorized to be
appropriated under subsection (e)(2).
(d) Budget Display Information.--The Secretary shall include in the
materials of the Department of Defense in support of the budget of the
President (submitted to Congress pursuant to section 1105 of title 31,
United States Code) for fiscal year 2022 and each fiscal year
thereafter a detailed budget display for the Initiative that includes
the following information:
(1) A future-years plan with respect to activities and
resources for the Initiative for the applicable fiscal year and
not fewer than the four following fiscal years.
(2) With respect to procurement accounts--
(A) amounts displayed by account, budget activity,
line number, line item, and line item title; and
(B) a description of the requirements for such
amounts specific to the Initiative.
(3) With respect to research, development, test, and
evaluation accounts--
(A) amounts displayed by account, budget activity,
line number, program element, and program element
title; and
(B) a description of the requirements for such
amounts specific to the Initiative.
(4) With respect to operation and maintenance accounts--
(A) amounts displayed by account title, budget
activity title, line number, and subactivity group
title; and
(B) a description of the specific manner in which
such amounts will be used.
(5) With respect to military personnel accounts--
(A) amounts displayed by account, budget activity,
budget subactivity, and budget subactivity title; and
(B) a description of the requirements for such
amounts specific to the Initiative.
(6) With respect to each project under military
construction accounts (including with respect to unspecified
minor military construction and amounts for planning and
design), the country, location, project title, and project
amount by fiscal year.
(7) With respect to the activities described in subsection
(b)--
(A) amounts displayed by account title, budget
activity title, line number, and subactivity group
title; and
(B) a description of the specific manner in which
such amounts will be used.
(8) With respect to each military service--
(A) amounts displayed by account title, budget
activity title, line number, and subactivity group
title; and
(B) a description of the specific manner in which
such amounts will be used.
(9) With respect to the amounts described in each of
paragraphs (2)(A), (3)(A), (4)(A), (5)(A), (6), (7)(A), and
(8)(A), a comparison between--
(A) the amount in the budget of the President for
the following fiscal year; and
(B) the amount projected in the previous budget of
the President for the following fiscal year.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities of the
Initiative described in subsection (b) the following:
(1) For fiscal year 2021, $1,406,417,000, as specified in
the funding table in section 4502.
(2) For fiscal year 2022, $5,500,000,000.
(f) Repeal.--Section 1251 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1676), as most
recently amended by section 1253 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
2054), is repealed.
SEC. 1252. SENSE OF SENATE ON THE UNITED STATES-VIETNAM DEFENSE
RELATIONSHIP.
In commemoration of the 25th anniversary of the normalization of
diplomatic relations between the United States and Vietnam, the
Senate--
(1) welcomes the historic progress and achievements in
United States-Vietnam relations over the last 25 years;
(2) congratulates Vietnam on its chairmanship of the
Association of Southeast Asian Nations and its election as a
nonpermanent member of the United Nations Security Council,
both of which symbolize the positive leadership role of Vietnam
in regional and global affairs;
(3) commends the commitment of Vietnam to resolve
international disputes through peaceful means on the basis of
international law;
(4) affirms the commitment of the United States--
(A) to respect the independence and sovereignty of
Vietnam; and
(B) to establish and promote friendly relations and
work together on an equal footing for mutual benefit
with Vietnam;
(5) encourages the United States and Vietnam to elevate
their comprehensive partnership to a strategic partnership
based on mutual understanding, shared interests, and a common
desire to promote peace, cooperation, prosperity, and security
in the Indo-Pacific region;
(6) affirms the commitment of the United States to continue
to address war legacy issues, including through dioxin
remediation, unexploded ordnance removal, accounting for
prisoners of war and soldiers missing in action, and other
activities; and
(7) supports deepening defense cooperation between the
United States and Vietnam, including with respect to maritime
security, cybersecurity, counterterrorism, information sharing,
humanitarian assistance and disaster relief, military medicine,
peacekeeping operations, defense trade, and other areas.
SEC. 1253. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN CLEANUP.
(a) Transfer Authority.--Notwithstanding section 2215 of title 10,
United States Code, the Secretary of Defense may transfer to the
Secretary of State, for use by the United States Agency for
International Development, amounts to be used for the Bien Hoa dioxin
cleanup in Vietnam.
(b) Limitation on Amount.--Not more than $15,000,000 may be
transferred in fiscal year 2021 under the transfer authority in
subsection (a).
(c) Additional Transfer Authority.--The transfer authority in
subsection (a) is in addition to any other transfer authority available
to the Department of Defense.
(d) Notice on Exercise of Authority.--If the Secretary of Defense
determines to use the transfer authority in subsection (a), the
Secretary shall notify the congressional defense committee of that
determination not later than 30 days before the Secretary uses the
transfer authority.
SEC. 1254. COOPERATIVE PROGRAM WITH VIETNAM TO ACCOUNT FOR VIETNAMESE
PERSONNEL MISSING IN ACTION.
(a) In General.--The Secretary of Defense, in cooperation with
other appropriate Federal departments and agencies, is authorized to
carry out a cooperative program with the Ministry of Defense of Vietnam
to assist in accounting for Vietnamese personnel missing in action.
(b) Purpose.--The purpose of the cooperative program under
subsection (a) is to carry out the following activities:
(1) Collection, digitization, and sharing of archival
information.
(2) Building the capacity of Vietnam to conduct archival
research, investigations, and excavations.
(3) Improving DNA analysis capacity.
(4) Increasing veteran-to-veteran exchanges.
(5) Other support activities the Secretary considers
necessary and appropriate.
SEC. 1255. PROVISION OF GOODS AND SERVICES AT KWAJALEIN ATOLL, REPUBLIC
OF THE MARSHALL ISLANDS.
(a) In General.--Chapter 767 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7596. Provision of goods and services at Kwajalein Atoll
``(a) Authority.--(1) Except as provided in paragraph (2), the
Secretary of the Army, with the concurrence of the Secretary of State,
may provide goods and services, including interatoll transportation, to
the Government of the Republic of the Marshall Islands and other
eligible patrons, as determined by the Secretary of the Army, at
Kwajalein Atoll.
``(2) The Secretary of the Army may not provide goods or services
under this section if doing so would be inconsistent, as determined by
the Secretary of State, with the Compact of Free Association between
the Government of the United States and the Government of the Republic
of the Marshall Islands or any subsidiary agreement or implementing
arrangement.
``(b) Reimbursement.--(1) The Secretary of the Army may collect
reimbursement from the Government of the Republic of the Marshall
Islands and eligible patrons for the provision of goods or services
under subsection (a).
``(2) The amount collected for goods or services under this
subsection may not be greater than the total amount of actual costs to
the United States for providing the goods or services.
``(c) Necessary Expenses.--Amounts appropriated to the Department
of the Army may be used for necessary expenses associated with
providing goods and services under this section.
``(d) Regulations.--The Secretary of the Army shall issue
regulations to carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``7596. Provision of goods and services at Kwajalein Atoll.''.
(c) Briefing.--Not later than December 31, 2021, the Secretary of
the Army shall provide to the congressional defense committees a
briefing on the use of the authority under section 7596(a) of title 10,
United States Code, as added by subsection (a), in fiscal year 2021,
including a written summary describing the goods and services provided
on a reimbursable basis and the goods and services provided on a
nonreimbursable basis.
SEC. 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.
(a) In General.--The Secretary of Defense, with the concurrence of
the Secretary of State, may authorize--
(1) the establishment of a Movement Coordination Center
Pacific (in this section referred to as the ``Center''); and
(2) participation of the Department of Defense in an Air
Transport and Air-to-Air Refueling and other Exchanges of
Services program (in this section referred to as the ``ATARES
program'') of the Center.
(b) Scope of Participation.--Participation of the Department in the
ATARES program shall be limited to--
(1) the reciprocal exchange or transfer of air
transportation and air refueling services on a reimbursable
basis or by replacement-in-kind; and
(2) the exchange of air transportation or air refueling
services of equal value.
(c) Limitations.--
(1) Transportation hours.--The Department balance of
executed transportation hours in the ATARES program, whether as
credits or debits, may not exceed 500 hours.
(2) Flight hours.--The Department balance of executed
flight hours for air refueling in the ATARES program may not
exceed 200 hours.
(d) Written Arrangement or Agreement.--
(1) In general.--Participation of the Department in the
ATARES program shall be in accordance with a written
arrangement or agreement entered into by the Secretary of
Defense, with the concurrence of the Secretary of State.
(2) Funding arrangements.--If Department facilities,
equipment, or funds are used to support the ATARES program, the
written arrangement or agreement under paragraph (1) shall
specify the details of any equitable cost-sharing or other
funding arrangement.
(3) Other elements.--Any written arrangement or agreement
entered into under paragraph (1) shall require any accrued
credit or liability resulting from an unequal exchange or
transfer of air transportation or air refueling services to be
liquidated through the ATARES program not less frequently than
once every five years.
(e) Implementation.--In carrying out any written arrangement or
agreement entered into under subsection (d), the Secretary of Defense
may--
(1) pay the equitable share of the Department for the
operating expenses of the Center and the ATARES program from
funds available to the Department for operation and
maintenance; and
(2) assign members of the Armed Forces or Department
civilian personnel, within billets authorized for the United
States Indo-Pacific Command, to duty at the Center as necessary
to fulfill Department obligations under that arrangement or
agreement.
SEC. 1257. TRAINING OF ALLY AND PARTNER AIR FORCES IN GUAM.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) the memorandum of understanding agreed to by the United
States and the Republic of Singapore on December 6, 2019, to
establish a fighter jet training detachment in Guam should be
commended;
(2) such agreement is a manifestation of the strong,
enduring, and forward-looking partnership of the United States
and the Republic of Singapore; and
(3) the permanent establishment of a fighter detachment in
Guam will further enhance the interoperability of the air
forces of the United States and the Republic of Singapore and
provide training opportunities needed to maximize their
readiness.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report assessing the merit and
feasibility of entering into agreements similar to the memorandum of
understanding referred to in subsection (a)(1) with other United States
allies and partners in the Indo-Pacific region, including Japan,
Australia, and India.
SEC. 1258. STATEMENT OF POLICY AND SENSE OF SENATE ON THE TAIWAN
RELATIONS ACT.
(a) Statement of Policy.--It is the policy of the United States--
(1) that the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.) and the ``Six Assurances'' provided by the
United States to Taiwan in July 1982 are the foundation for
United States-Taiwan relations;
(2) that nothing in the Taiwan Relations Act (Public Law
96-8; 22 U.S.C. 3301 et seq.) constrains deepening, to the
extent possible, the extensive, close, and friendly relations
of the United States and Taiwan, including defense relations;
(3) that the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.) shall be implemented and executed in a
manner consistent with evolving political, security, and
economic dynamics and circumstances;
(4) that, as set forth in the Taiwan Relations Act (Public
Law 96-8; 22 U.S.C. 3301 et seq.), the United States expects
the ``future of Taiwan will be determined by peaceful means,''
and that ``any effort to determine the future of Taiwan by
other than peaceful means'' is ``a threat to the peace and
security of the Western Pacific area and of grave concern to
the United States'';
(5) that the increasingly coercive and aggressive behavior
of the People's Republic of China towards Taiwan, including
growing military maneuvers targeting Taiwan, is contrary to the
expectation of the peaceful resolution of the future of Taiwan;
(6) that, as set forth in the Taiwan Relations Act (Public
Law 96-8; 22 U.S.C. 3301 et seq.), the United States will
support the development of capable, ready, and modern defense
forces necessary for Taiwan to maintain a sufficient self-
defense capability, including by--
(A) supporting acquisition by Taiwan of defense
articles and services through foreign military sales,
direct commercial sales, and industrial cooperation,
with an emphasis on capabilities that support the
asymmetric defense strategy of Taiwan, including
antiship, coastal defense, antiarmor, air defense,
undersea warfare, advanced command, control,
communications, computers, intelligence, surveillance,
and reconnaissance, and resilient command and control
capabilities;
(B) ensuring timely review of and response to
requests of Taiwan for defense articles and services;
(C) conducting practical training and military
exercises with Taiwan, including, as appropriate, the
Rim of the Pacific exercise, combined training at the
National Training Center at Fort Erwin, and bilateral
naval exercises and training;
(D) examining the potential for expanding
professional military education and technical training
opportunities in the United States for military
personnel of Taiwan;
(E) pursuing a strategy of military engagement with
Taiwan that fully integrates exchanges at the
strategic, policy, and functional levels;
(F) increasing exchanges between senior defense
officials and general officers of the United States and
Taiwan consistent with the Taiwan Travel Act (Public
Law 115-135; 132 Stat. 341), especially for the purpose
of enhancing cooperation on defense planning and
improving the interoperability of the military forces
of the United States and Taiwan;
(G) conducting military exchanges with Taiwan
specifically focused on improving the reserve force of
Taiwan; and
(H) expanding cooperation in military medicine and
humanitarian assistance and disaster relief, including
through the participation of medical vessels of Taiwan
in appropriate exercises with the United States; and
(7) that, as set forth in the Taiwan Relations Act (Public
Law 96-8; 22 U.S.C. 3301 et seq.), the United States will
maintain the capacity ``to resist any resort to force or other
forms of coercion that would jeopardize the security, or the
social or economic system, of the people on Taiwan'', including
the capacity of the United States Armed Forces to deny a ``fait
accompli'' operation by the People's Republic of China to
rapidly seize control of Taiwan.
(b) Sense of Senate.--It is the sense of the Senate that the
Secretary of Defense should--
(1) ensure that policy guidance to the Department of
Defense related to United States-Taiwan defense relations is
fully consistent with the statement of policy set forth in
subsection (a); and
(2) issue new policy guidance required to carry out such
policy.
SEC. 1259. SENSE OF CONGRESS ON PORT CALLS IN TAIWAN WITH THE USNS
COMFORT AND THE USNS MERCY .
It is the sense of Congress that the Department of Defense should
conduct port calls in Taiwan with the USNS Comfort and the USNS Mercy
--
(1) to continue the collaboration between the United States
and Taiwan on COVID-19 responses, which has included--
(A) research and development of tests, vaccines,
and medicines; and
(B) donations of face masks;
(2) to further improve the cooperation between the United
States and Taiwan on military medicine and humanitarian
assistance and disaster relief;
(3) to allow United States personnel to benefit from the
expertise of Taiwanese personnel, in light of the successful
response of Taiwan to COVID-19; and
(4) to continue the mission of the USNS Comfort and the
USNS Mercy, which have demonstrated the value of the Department
capacity to deploy maritime medical capabilities worldwide and
provide contingency capacity in the United States during
significant crises.
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.
None of the funds authorized to be appropriated by this Act may be
obligated or expended to reduce the total number of members of the
Armed Forces serving on active duty and deployed to the Republic of
Korea to fewer than 28,500 such members of the Armed Forces until 90
days after the date on which the Secretary of Defense certifies to the
congressional defense committees that--
(1) such a reduction--
(A) is in the national security interest of the
United States; and
(B) will not significantly undermine the security
of United States allies in the region; and
(2) the Secretary has appropriately consulted with allies
of the United States, including the Republic of Korea and
Japan, regarding such a reduction.
SEC. 1261. SENSE OF CONGRESS ON CO-DEVELOPMENT WITH JAPAN OF A LONG-
RANGE GROUND-BASED ANTI-SHIP CRUISE MISSILE SYSTEM.
It is the sense of Congress that--
(1) the Department of Defense should prioritize
consultations with the Ministry of Defense of Japan to
determine whether a ground-based, long-range anti-ship cruise
missile system would meet shared defense requirements of the
United States and Japan; and
(2) if it is determined that a ground-based, long-range
anti-ship cruise missile system would meet shared defense
requirements, the United States and Japan should consider co-
development of such a system.
SEC. 1262. STATEMENT OF POLICY ON COOPERATION IN THE INDO-PACIFIC
REGION.
It is the policy of the United States--
(1) to strengthen alliances and partnerships in the Indo-
Pacific region and Europe and with like-minded countries around
the globe to effectively compete with the People's Republic of
China; and
(2) to work in collaboration with such allies and
partners--
(A) to address significant diplomatic, economic,
and military challenges posed by the People's Republic
of China;
(B) to deter the People's Republic of China from
pursuing military aggression;
(C) to promote the peaceful resolution of
territorial disputes in accordance with international
law;
(D) to promote private sector-led long-term
economic development while countering efforts by the
Government of the People's Republic of China to
leverage predatory economic practices as a means of
political and economic coercion in the Indo-Pacific
region and beyond;
(E) to promote the values of democracy and human
rights, including through efforts to end the repression
by the Chinese Communist Party of political dissidents
and Uyghurs and other ethnic Muslim minorities, Tibetan
Buddhists, Christians, and other minorities;
(F) to respond to the crackdown by the Chinese
Communist Party, in contravention of the commitments
made under the Sino-British Joint Declaration of 1984
and the Basic Law of Hong Kong, on the legitimate
aspirations of the people of Hong Kong; and
(G) to counter the Chinese Communist Party's
efforts to spread disinformation in the People's
Republic of China and beyond with respect to the
response of the Chinese Communist Party to COVID-19.
SEC. 1263. EXTENSION OF PROHIBITION ON COMMERCIAL EXPORT OF CERTAIN
MUNITIONS TO THE HONG KONG POLICE FORCE.
Section 3 of the Act entitled ``An Act to prohibit the commercial
export of covered munitions items to the Hong Kong Police Force'',
approved November 27, 2019 (Public Law 116-77; 133 Stat. 1174), is
amended by striking ``one year after the date of the enactment of this
Act'' and inserting ``on November 27, 2021''.
SEC. 1264. IMPLEMENTATION OF THE ASIA REASSURANCE INITIATIVE ACT WITH
REGARD TO TAIWAN ARMS SALES.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense Indo-Pacific Strategy Report,
released on June 1, 2019, states: ``[T]he Asia Reassurance
Initiative Act, a major bipartisan legislation, was signed into
law by President Trump on December 31, 2018. This legislation
enshrines a generational whole-of-government policy framework
that demonstrates U.S. commitment to a free and open Indo-
Pacific region and includes initiatives that promote
sovereignty, rule of law, democracy, economic engagement, and
regional security.''.
(2) The Indo-Pacific Strategy Report further states: ``The
United States has a vital interest in upholding the rules-based
international order, which includes a strong, prosperous, and
democratic Taiwan. . .The Department [of Defense] is committed
to providing Taiwan with defense articles and services in such
quantity as may be necessary to enable Taiwan to maintain a
sufficient self-defense capability.''.
(3) Section 209(b) of the Asia Reassurance Initiative Act
of 2018 (22 U.S.C. 3301 note), signed into law on December 31,
2018--
(A) builds on longstanding commitments enshrined in
the Taiwan Relations Act (22 U.S.C. 3301 et seq.) to
provide Taiwan with defense articles; and
(B) states: ``The President should conduct regular
transfers of defense articles to Taiwan that are
tailored to meet the existing and likely future threats
from the People's Republic of China, including
supporting the efforts of Taiwan to develop and
integrate asymmetric capabilities, as appropriate,
including mobile, survivable, and cost-effective
capabilities, into its military forces.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Asia Reassurance Initiative Act of 2018 (Public Law
115-409; 132 Stat. 5387) has recommitted the United States to
support the close, economic, political, and security
relationship between the United States and Taiwan; and
(2) the United States should fully implement the provisions
of that Act with regard to regular defensive arms sales to
Taiwan.
(c) Briefing.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State and the Secretary of
Defense, or their designees, shall brief the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives on the efforts to implement section 209(b) of
the Asia Reassurance Initiative Act of 2018 (22 U.S.C. 3301 note).
Subtitle F--Reports
SEC. 1271. REVIEW OF AND REPORT ON OVERDUE ACQUISITION AND CROSS-
SERVICING AGREEMENT TRANSACTIONS.
(a) Review.--The Secretary of Defense, acting through the official
designated to provide oversight of acquisition and cross-servicing
agreements under section 2342(f) of title 10, United States Code, shall
conduct a review of acquisition and cross-servicing transactions for
which reimbursement to the United States is overdue under section 2345
of that title.
(b) Report.--
(1) In general.--Not later than March 1, 2021, the
designated official described in subsection (a) shall submit to
the congressional defense committees a report on the results of
the review.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) For each acquisition and cross-servicing
transaction valued at $1,000,000 or more for which
reimbursement to the United States was overdue as of
October 1, 2019--
(i) the total amount of the transaction;
(ii) the unreimbursed balance of the
transaction;
(iii) the date on which the original
transaction was made;
(iv) the date on which the most recent
request for payment was sent to the relevant
foreign partner; and
(v) a plan for securing reimbursement from
the foreign partner.
(B) A description of the steps taken to implement
the recommendations made in the report of the
Government Accountability Office entitled ``Defense
Logistics Agreements: DOD Should Improve Oversight and
Seek Payment from Foreign Partners for Thousands of
Orders It Identifies as Overdue'' issued in March 2020,
including efforts to validate data reported under this
subsection and in the system of record for acquisition
and cross-servicing agreements of the Department of
Defense.
(C) The amount of reimbursement received from
foreign partners for each order--
(i) for which the reimbursement is recorded
as overdue in the system of record for
acquisition and cross-servicing agreements of
the Department of Defense; and
(ii) that was authorized during the period
beginning in October 2013 and ending in
September 2020.
(D) A plan for improving recordkeeping of
acquisition and cross-servicing transactions and
ensuring timely reimbursement by foreign partners.
(E) Any other matter considered relevant by the
designated official described in subsection (a).
SEC. 1272. REPORT ON BURDEN SHARING CONTRIBUTIONS BY DESIGNATED
COUNTRIES.
Section 2350j of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Report on Contributions Received From Designated Countries.--
``(1) In general.--Not later than January 15 each year, the
Secretary of Defense shall submit to the appropriate committees
of Congress a report on the burden sharing contributions
received under this section from designated countries.
``(2) Elements.--Each report required by paragraph (1)
shall include the following for the preceding fiscal year:
``(A) A list of all designated countries from which
burden sharing contributions were received.
``(B) An explanation of the purpose for which each
such burden sharing contribution was provided.
``(C) In the case of a written agreement entered
into with a designated country under this section--
``(i) the date on which the agreement was
signed; and
``(ii) the names of the individuals who
signed the agreement.
``(D) For each designated country--
``(i) the amount provided by the designated
country; and
``(ii) the amount of any remaining
unobligated balance.
``(E) The amount of such burden sharing
contributions expended, by eligible category, including
compensation for local national employees, military
construction projects, and supplies and services of the
Department of Defense.
``(F) An explanation of any other burden sharing or
in-kind contribution provided by a designated country
under an agreement or authority other than the
authority provided by this section.
``(G) Any other matter the Secretary of Defenses
considers relevant.
``(3) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress'
means--
``(A) the Committee on Armed Services, the
Committee on Foreign Relations, and the Committee on
Appropriations of the Senate; and
``(B) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives.''.
SEC. 1273. REPORT ON RISK TO PERSONNEL, EQUIPMENT, AND OPERATIONS DUE
TO HUAWEI 5G ARCHITECTURE IN HOST COUNTRIES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that contains an assessment
of--
(1) the risk to personnel, equipment, and operations of the
Department of Defense in host countries posed by the current or
intended use by such countries of 5G telecommunications
architecture provided by Huawei Technologies Co., Ltd.; and
(2) measures required to mitigate the risk described in
paragraph (1), including the merit and feasibility of the
relocation of certain personnel or equipment of the Department
to another location without the presence of 5G
telecommunications architecture provided by Huawei Technologies
Co., Ltd.
(b) Form.--The report required by subsection (a) shall be submitted
in classified form with an unclassified summary.
SEC. 1274. ALLIED BURDEN SHARING REPORT.
(a) Finding; Sense of Congress.--
(1) Finding.--Congress finds that section 1003 of the
Department of Defense Authorization Act, 1985 (Public Law 98-
525; 63 Stat. 2241)--
(A) expresses the sense of Congress that, due to
threats that are ever-changing, Congress must be
informed with respect to allied contributions to the
common defense to properly assess the readiness of the
United States and the countries described in subsection
(b)(2) for threats; and
(B) requires the Secretary of Defense to submit to
Congress an annual report on the contributions of
allies to the common defense.
(2) Sense of congress.--It is the sense of Congress that--
(A) the threats facing the United States--
(i) extend beyond the global war on terror;
and
(ii) include near-peer threats; and
(B) the President should seek from each country
described in subsection (b)(2) acceptance of
international security responsibilities and agreements
to make contributions to the common defense in
accordance with the collective defense agreements or
treaties to which such country is a party.
(b) Reports on Allied Contributions to the Common Defense.--
(1) In general.--Not later than March 1 each year, the
Secretary of Defense, in coordination with the heads of other
Federal agencies, as the Secretary determines to be necessary,
shall submit to the appropriate committees of Congress a report
containing a description of--
(A) the annual defense spending by each country
described in paragraph (2), including available data on
nominal budget figures and defense spending as a
percentage of the gross domestic products of each such
country for the fiscal year immediately preceding the
fiscal year in which the report is submitted;
(B) the activities of each such country to
contribute to military or stability operations in which
the Armed Forces of the United States are a participant
or may be called upon in accordance with a cooperative
defense agreement to which the United States is a
party;
(C) any limitations placed by any such country on
the use of such contributions; and
(D) any actions undertaken by the United States or
by other countries to minimize such limitations.
(2) Countries described.--The countries described in this
paragraph are the following:
(A) Each member state of the North Atlantic Treaty
Organization.
(B) Each member state of the Gulf Cooperation
Council.
(C) Each country party to the Inter-American Treaty
of Reciprocal Assistance (Rio Treaty), done at Rio de
Janeiro September 2, 1947, and entered into force
December 3, 1948 (TIAS 1838).
(D) Australia.
(E) Japan.
(F) New Zealand.
(G) The Philippines.
(H) South Korea.
(I) Thailand.
(3) Form.--Each report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(4) Availability.--A report submitted under paragraph (1)
shall be made available on request to any Member of Congress.
(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
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
Subtitle G--Other Matters
SEC. 1281. RECIPROCAL PATIENT MOVEMENT AGREEMENTS.
(a) In General.--Subchapter II of chapter 138 of title 10, United
States Code, as amended by section 1241(a), is further amended by
adding at the end the following new section:
``Sec. 2350p. Reciprocal patient movement agreements
``(a) Authority.--Subject to the availability of appropriations,
the Secretary of Defense, with the concurrence of the Secretary of
State, may enter into a bilateral or multilateral memorandum of
understanding or other formal agreement with one or more governments of
partner countries that provides for--
``(1) the interchangeable, nonreimbursable use of patient
movement personnel, either individually or as members of a
patient movement crew or team, and equipment, belonging to one
partner country to perform patient movement services aboard the
aircraft, vessels, or vehicles of another partner country;
``(2) the reciprocal recognition and acceptance of --
``(A) national professional credentials,
certifications, and licenses of patient movement
personnel; and
``(B) national certifications, approvals, and
licenses of equipment used in the provision of patient
movement services; and
``(3) the acceptance of agreed-upon standards for the
provision of patient movement services by aircraft, vessel, or
vehicle, including, as determined to be beneficial and
otherwise permitted by law, the harmonization of patient
treatment standards and procedures.
``(b) Certification.--(1) Before entering into a memorandum of
understanding or other formal agreement with the government of a
partner country under this section, the Secretary of Defense shall
certify in writing that the professional credentials, certifications,
licenses, and approvals for patient movement personnel and patient
movement equipment of the partner country--
``(A) meet or exceed the equivalent standards of the United
States for similar personnel and equipment; and
``(B) will provide for a level of care comparable to, or
better than, the level of care provided by the Department of
Defense.
``(2) A certification under paragraph (1) shall be--
``(A) submitted to the appropriate committees of Congress
not later than 15 days after the date on which the Secretary of
Defense makes the certification; and
``(B) reviewed and recertified by the Secretary of Defense
not less frequently than annually.
``(c) Suspension.--If the Secretary of Defense is unable to
recertify a partner country as required by subsection (b)(2)(B), use of
the personnel or equipment of the partner country by the Department of
Defense under a memorandum of understanding or other formal agreement
concluded pursuant to subsection (a) shall be suspended until the date
on which the Secretary of Defense is able to recertify the partner
country.
``(d) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the congressional defense committees; and
``(B) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
``(2) Partner country.--The term `partner country' means
any of the following:
``(A) A member country of the North Atlantic Treaty
Organization.
``(B) Australia.
``(C) Japan.
``(D) New Zealand.
``(E) The Republic of Korea.
``(F) Any other country designated as a partner
country by the Secretary of Defense, with the
concurrence of the Secretary of State, for purposes of
this section.
``(3) Patient movement.--The term `patient movement' means
the act or process of moving wounded, ill, injured, or other
persons (including contaminated, contagious, and potentially
exposed patients) to obtain medical, surgical, mental health,
or dental care or treatment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter, as amended by section 1241(b), is further amended by
adding at the end the following new item:
``2350p. Reciprocal patient movement agreements.''.
SEC. 1282. EXTENSION OF AUTHORIZATION OF NON-CONVENTIONAL ASSISTED
RECOVERY CAPABILITIES.
Subsection (g) of section 943 of the National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4578), as most
recently amended by section 1282(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2542) and as redesignated by section 1051(n)(1) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1564), is further amended by striking ``2021'' and inserting ``2024''.
SEC. 1283. EXTENSION OF DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION
ACTIVITIES IN NATIONAL SECURITY INTEREST OF THE UNITED
STATES.
Section 1210A(h) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is amended by striking ``December
31, 2020'' and inserting ``December 31, 2021''.
SEC. 1284. NOTIFICATION WITH RESPECT TO WITHDRAWAL OF MEMBERS OF THE
ARMED FORCES PARTICIPATING IN THE MULTINATIONAL FORCE AND
OBSERVERS IN EGYPT.
(a) In General.--Not later than 30 days before a reduction in the
total number of members of the Armed Forces deployed to the
Multinational Force and Observers in Egypt to fewer than 430 such
members of the Armed Forces, the Secretary of Defense shall submit to
the appropriate committees of Congress a notification that includes the
following:
(1) A detailed accounting of the number of members of the
Armed Forces to be withdrawn from the Multinational Force and
Observers in Egypt and the capabilities that such members of
the Armed Forces provide in support of the mission.
(2) An explanation of national security interests of the
United States served by such a reduction and an assessment of
the effect, if any, such a reduction is expected to have on the
security of United States partners in the region.
(3) A description of consultations by the Secretary with
the other countries that contribute military forces to the
Multinational Force and Observers, including Australia, Canada,
Colombia, the Czech Republic, Fiji, France, Italy, Japan, New
Zealand, Norway, the United Kingdom, and Uruguay, with respect
to the planned force reduction and the results of such
consultations.
(4) An assessment of whether other countries, including the
countries that contribute military forces to the Multinational
Force and Observers, will increase their contributions of
military forces to compensate for the capabilities withdrawn by
the United States.
(5) An explanation of--
(A) any anticipated negative impact of such a
reduction on the ability of the Multinational Force and
Observers in Egypt to fulfill its mission of
supervising the implementation of the security
provisions of the 1979 Treaty of Peace between Egypt
and Israel and employing best efforts to prevent any
violation of the terms of such treaty; and
(B) the manner in which any such negative impact
will be mitigated.
(6) Any other matter the Secretary considers appropriate.
(b) Form.--The notification required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1285. MODIFICATION TO INITIATIVE TO SUPPORT PROTECTION OF NATIONAL
SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND
OTHER SECURITY THREATS.
Section 1286 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (10 U.S.C. 2358 note) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) includes requirements for appropriate senior
officials of institutions of higher education to
receive from appropriate Government agencies updated
and periodic briefings that describe the espionage
risks posed by technical intelligence gathering
activities of near-peer strategic competitors.''; and
(2) in subsection (e)(2)(D), by striking ``improve'' and
inserting ``improved''.
SEC. 1286. ESTABLISHMENT OF UNITED STATES-ISRAEL OPERATIONS-TECHNOLOGY
WORKING GROUP.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) the United States Government has a responsibility to
undertake all reasonable measures to ensure that members of the
Armed Forces never confront a more technologically advanced
foe;
(2) the United States and Israel have several cooperative
technology programs to develop and field capabilities in
missile defense, countertunneling, and counterunmanned aerial
systems; and
(3) building on positive ongoing efforts, the United States
and Israel should further institutionalize and strengthen their
defense innovation partnership by establishing a United States-
Israel Operations-Technology Working Group to identify and
expeditiously field capabilities that the military forces of
both countries need to deter and defeat respective adversaries.
(b) United States-Israel Operations-Technology Working Group.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Minister of Defense of Israel, shall
establish a United States-Israel Operations-Technology Working
Group (in this subsection referred to as the ``Working Group'')
for the following purposes:
(A) To provide a standing forum for the United
States and Israel to systematically share intelligence-
informed military capability requirements.
(B) To identify military capability requirements
common to both the Department of Defense and the
Ministry of Defense of Israel.
(C) To assist defense suppliers in the United
States and Israel, by incorporating recommendations
from such defense suppliers, with respect to conducting
joint science, technology, research, development, test,
evaluation, and production efforts.
(D) To develop, as feasible and advisable, combined
United States-Israel plans to research, develop,
procure, and field weapons systems and military
capabilities as quickly and economically as possible to
meet common capability requirements of the Department
of Defense and the Ministry of Defense of Israel.
(2) Working group leadership.--
(A) United states leadership.--With respect to the
United States, the Working Group shall be headed by--
(i) the Secretary, or a designee; and
(ii) the Chairman of the Joint Chiefs of
Staff, or a designee.
(B) Israel leadership.--The Secretary shall invite
the Government of Israel to designate the head of the
appropriate office or offices to head the Working Group
with respect to Israel.
(3) Working group membership.--
(A) United states membership.--The Secretary, in
consultation with other Cabinet members, shall
designate one or more individuals to serve as members
of the Working Group.
(i) Mandatory united states members.--The
membership of the Working Group shall consist
of, at a minimum, representatives from--
(I) the Office of the Secretary of
Defense;
(II) the Joint Staff;
(III) each of the military
departments (including, as appropriate,
subordinate entities such as Army
Futures Command and research
laboratories);
(IV) the defense agencies
(including the Defense Advanced
Research Projects Agency, the Defense
Intelligence Agency, and the Defense
Security Cooperation Agency);
(V) United States Central Command;
and
(VI) United States European
Command.
(ii) Rule of construction.--Nothing in this
subparagraph shall be construed as limiting the
ability of the Secretary to add members to the
Working Group, as considered appropriate.
(B) Israel membership.--The Secretary shall invite
such representatives of the Government of Israel to
designate individuals from the Government of Israel to
serve as members of the Working Group, as the Secretary
considers appropriate.
(4) Existing efforts.--
(A) In general.--The Secretary shall determine the
most efficient and effective means to integrate the
Working Group into existing United States science and
technology efforts and research, development, test, and
evaluation efforts with Israel.
(B) Rule of construction.--Nothing in this
subsection shall be construed as requiring the
termination of any existing United States defense
activity, group, program, or partnership with Israel.
(5) Memorandum of understanding.--
(A) In general.--The Secretary shall, with the
concurrence of the Minister of Defense of Israel,
establish a memorandum of understanding between the
United States and Israel establishing the United
States-Israel Operations Technology Working Group.
(B) Matters to be included.--The memorandum of
understanding under subparagraph (A) shall set forth--
(i) the purposes of the Working Group,
consistent with paragraph (1);
(ii) the membership of the Working Group,
consistent with paragraph (3); and
(iii) any other matter considered
appropriate.
(6) Reports.--
(A) Initial report.--
(i) In general.--Not later than 180 days
after the establishment of the Working Group,
the Secretary shall submit to the appropriate
committees of Congress an initial report on the
Working Group.
(ii) Elements.--The report required by
clause (i) shall include the following:
(I) The finalized memorandum of
understanding under paragraph (5).
(II) The name of each individual of
the Government of the United States and
of the Government of Israel designated
to lead the Working Group.
(III) The name of each member of
the Working Group designated under
subparagraph (A) or (B) of paragraph
(3).
(IV) A description of the manner in
which the Working Group is anticipated
to complement and augment existing
science and technology efforts and
research, development, test, and
evaluation efforts with Israel.
(V) A schedule for Working Group
meetings.
(VI) A description of key metrics
and milestones for the Working Group.
(VII) A description of any
authority or authorization of
appropriations required for the Working
Group to carry out the purposes
described in paragraph (1).
(iii) Form.--The report required by clause
(i) shall be submitted in unclassified form,
but may include a classified annex.
(B) Annual report.--
(i) In general.--Not later than March 15 of
each year following the submittal of the
initial report required by subparagraph (A),
the Secretary shall submit to the appropriate
committees of Congress a report on the
activities of the Working Group during the
preceding calendar year.
(ii) Elements.--The report required by
clause (i) shall include the following:
(I) A summary of the performance of
the Working Group--
(aa) with respect to the
first annual report under this
subparagraph, the metrics and
milestones described in the
initial report in accordance
with subparagraph (A)(ii)(VI);
or
(bb) with respect to each
subsequent annual report under
this subparagraph, the metrics
and milestones described in the
preceding annual report under
subclause (VIII).
(II) A description of military
capabilities needed by both the United
States and Israel.
(III) A description of any United
States, or any United States-Israel,
science and technology efforts, or
research, development, test, and
evaluation efforts, associated with the
military capabilities described under
subclause (II) carried out during the
reporting period.
(IV) A description of any obstacle
or challenge associated with an effort
described in subclause (III) and the
plan of the Working Group to address
such obstacle or challenge.
(V) A description of any request to
the Working Group made by a United
States or Israel defense supplier for
combined science and technology efforts
or combined research, development,
test, and evaluation efforts,
including--
(aa) the date on which the
request was received;
(bb) the efforts made by
the Working Group to
expeditiously address the
request; and
(cc) the status of any
decision associated with the
request.
(VI) A description of the efforts
of the Working Group to prevent the
People's Republic of China or the
Russian Federation from obtaining
intellectual property or military
technology associated with combined
United States and Israel science and
technology efforts and research,
development, test, and evaluation
efforts.
(VII) A description of any science
and technology effort, or research,
development, test, or evaluation
effort, facilitated by the Working
Group, including efforts that result in
a United States or Israel program of
record.
(VIII) A description of metrics and
milestones for the Working Group for
the following calendar year.
(iii) Form.--Each report required by clause
(i) shall be submitted in unclassified form and
shall include a classified annex in which the
elements required under subclauses (II) and
(VI) of clause (ii) shall be addressed.
(C) Appropriate committees of congress defined.--In
this paragraph, the term ``appropriate committees of
Congress'' means--
(i) the Committee on Armed Services, the
Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate; and
(ii) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Permanent
Select Committee on Intelligence of the House
of Representatives.
SEC. 1287. IMPROVED COORDINATION OF UNITED STATES SANCTIONS POLICY.
(a) Office of Sanctions Coordination of the Department of State.--
(1) In general.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(A) by redesignating subsection (g) as subsection
(h); and
(B) by inserting after subsection (f) the
following:
``(g) Office of Sanctions Coordination.--
``(1) In general.--There is established, within the
Department of State, an Office of Sanctions Coordination (in
this subsection referred to as the `Office').
``(2) Head.--The head of the Office shall--
``(A) have the rank and status of ambassador;
``(B) be appointed by the President, by and with
the advice and consent of the Senate; and
``(C) report directly to the Secretary.
``(3) Duties.--The head of the Office shall--
``(A) exercise sanctions authorities delegated to
the Secretary;
``(B) serve as the principal advisor to the senior
management of the Department and the Secretary
regarding the development and implementation of
sanctions policy;
``(C) serve as the lead representative of the
United States in diplomatic engagement on sanctions
matters;
``(D) consult and closely coordinate with allies
and partners of the United States, including the United
Kingdom, the European Union and member countries of the
European Union, Canada, Australia, New Zealand, Japan,
and South Korea, to ensure the maximum effectiveness of
sanctions imposed by the United States and such allies
and partners;
``(E) serve as the coordinator for the development
and implementation of sanctions policy with respect to
all activities, policies, and programs of all bureaus
and offices of the Department relating to the
development and implementation of sanctions policy; and
``(F) serve as the lead representative of the
Department in interagency discussions with respect to
the development and implementation of sanctions policy.
``(4) Direct hire authority.--The head of the Office may
appoint, without regard to the provisions of sections 3309
through 3318 of title 5, United States Code, candidates
directly to positions in the competitive service, as defined in
section 2102 of that title, in the Office.''.
(2) Briefing required.--Not later than 60 days after the
date of the enactment of this Act, and every 90 days thereafter
until the date that is 2 years after such date of enactment,
the Secretary of State shall brief the appropriate
congressional committees on the efforts of the Department of
State to establish the Office of Sanctions Coordination
pursuant to section 1(g) of the State Department Basic
Authorities Act of 1956, as amended by paragraph (1), including
a description of--
(A) measures taken to implement the requirements of
that section and to establish the Office;
(B) actions taken by the Office to carry out the
duties listed in paragraph (3) of that section;
(C) the resources devoted to the Office, including
the number of employees working in the Office; and
(D) plans for the use of the direct hire authority
provided under paragraph (4) of that section.
(b) Coordination With Allies and Partners of the United States.--
(1) In general.--The Secretary of State shall develop and
implement mechanisms and programs, as appropriate, through the
head of the Office of Sanctions Coordination established
pursuant to section 1(g) of the State Department Basic
Authorities Act of 1956, as amended by subsection (a)(1), to
coordinate the development and implementation of United States
sanctions policies with allies and partners of the United
States, including the United Kingdom, the European Union and
member countries of the European Union, Canada, Australia, New
Zealand, Japan, and South Korea.
(2) Information sharing.--The Secretary should pursue the
development and implementation of mechanisms and programs under
paragraph (1), as appropriate, that involve the sharing of
information with respect to policy development and sanctions
implementation.
(3) Capacity building.--The Secretary should pursue
efforts, in coordination with the Secretary of the Treasury and
the head of any other agency the Secretary considers
appropriate, to assist allies and partners of the United
States, including the countries specified in paragraph (1), as
appropriate, in the development of their legal and technical
capacities to develop and implement sanctions authorities.
(4) Exchange programs.--In furtherance of the efforts
described in paragraph (3), the Secretary, in coordination with
the Secretary of the Treasury and the head of any other agency
the Secretary considers appropriate, may enter into agreements
with counterpart agencies in foreign governments establishing
exchange programs for the temporary detail of government
employees to share information and expertise with respect to
the development and implementation of sanctions authorities.
(5) Briefing required.--Not later than 90 days after the
date of the enactment of this Act, and every 180 days
thereafter until the date that is 5 years after such date of
enactment, the Secretary of State shall brief the appropriate
congressional committees on the efforts of the Department of
State to implement this section, including a description of--
(A) measures taken to implement paragraph (1);
(B) actions taken pursuant to paragraphs (2)
through (4);
(C) the extent of coordination between the United
States and allies and partners of the United States,
including the countries specified in paragraph (1),
with respect to the development and implementation of
sanctions policy; and
(D) obstacles preventing closer coordination
between the United States and such allies and partners
with respect to the development and implementation of
sanctions policy.
(c) Sense of Congress.--It is the sense of the Congress that the
President should appoint a coordinator for sanctions and national
economic security issues within the framework of the National Security
Council.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Way and Means of the
House of Representatives.
Subtitle H--Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Robert Levinson Hostage
Recovery and Hostage-Taking Accountability Act''.
SEC. 1292. ASSISTANCE FOR UNITED STATES NATIONALS UNLAWFULLY OR
WRONGFULLY DETAINED ABROAD.
(a) Review.--The Secretary of State shall review the cases of
United States nationals detained abroad to determine if there is
credible information that they are being detained unlawfully or
wrongfully, based on criteria which may include whether--
(1) United States officials receive or possess credible
information indicating innocence of the detained individual;
(2) the individual is being detained solely or
substantially because he or she is a United States national;
(3) the individual is being detained solely or
substantially to influence United States Government policy or
to secure economic or political concessions from the United
States Government;
(4) the detention appears to be because the individual
sought to obtain, exercise, defend, or promote freedom of the
press, freedom of religion, or the right to peacefully
assemble;
(5) the individual is being detained in violation of the
laws of the detaining country;
(6) independent nongovernmental organizations or
journalists have raised legitimate questions about the
innocence of the detained individual;
(7) the United States mission in the country where the
individual is being detained has received credible reports that
the detention is a pretext for an illegitimate purpose;
(8) the individual is detained in a country where the
Department of State has determined in its annual human rights
reports that the judicial system is not independent or
impartial, is susceptible to corruption, or is incapable of
rendering just verdicts;
(9) the individual is being detained in inhumane
conditions;
(10) due process of law has been sufficiently impaired so
as to render the detention arbitrary; and
(11) United States diplomatic engagement is likely
necessary to secure the release of the detained individual.
(b) Referrals to the Special Envoy.--Upon a determination by the
Secretary of State, based on the totality of the circumstances, that
there is credible information that the detention of a United States
national abroad is unlawful or wrongful, and regardless of whether the
detention is by a foreign government or a nongovernmental actor, the
Secretary shall transfer responsibility for such case from the Bureau
of Consular Affairs of the Department of State to the Special Envoy for
Hostage Affairs created pursuant to section 1293.
(c) Report.--
(1) Annual report.--
(A) In general.--The Secretary of State shall
submit to the appropriate congressional committees an
annual report with respect to United States nationals
for whom the Secretary determines there is credible
information of unlawful or wrongful detention abroad.
(B) Form.--The report required under this paragraph
shall be submitted in unclassified form, but may
include a classified annex if necessary.
(2) Composition.--The report required under paragraph (1)
shall include current estimates of the number of individuals so
detained, as well as relevant information about particular
cases, such as--
(A) the name of the individual, unless the
provision of such information is inconsistent with
section 552a of title 5, United States Code (commonly
known as the ``Privacy Act of 1974'');
(B) basic facts about the case;
(C) a summary of the information that such
individual may be detained unlawfully or wrongfully;
(D) a description of specific efforts, legal and
diplomatic, taken on behalf of the individual since the
last reporting period, including a description of
accomplishments and setbacks; and
(E) a description of intended next steps.
(d) Resource Guidance.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act and after consulting with relevant
organizations that advocate on behalf of United States
nationals detained abroad and the Family Engagement Coordinator
established pursuant to section 1294(c)(2), the Secretary of
State shall provide resource guidance in writing for government
officials and families of unjustly or wrongfully detained
individuals.
(2) Content.--The resource guidance required under
paragraph (1) should include--
(A) information to help families understand United
States policy concerning the release of United States
nationals unlawfully or wrongfully held abroad;
(B) contact information for officials in the
Department of State or other government agencies suited
to answer family questions;
(C) relevant information about options available to
help families obtain the release of unjustly or
wrongfully detained individuals, such as guidance on
how families may engage with United States diplomatic
and consular channels to ensure prompt and regular
access for the detained individual to legal counsel,
family members, humane treatment, and other services;
(D) guidance on submitting public or private
letters from members of Congress or other individuals
who may be influential in securing the release of an
individual; and
(E) appropriate points of contacts, such as legal
resources and counseling services, who have a record of
assisting victims' families.
SEC. 1293. SPECIAL ENVOY FOR HOSTAGE AFFAIRS.
(a) Establishment.--There shall be a Special Presidential Envoy for
Hostage Affairs, appointed by the President, who shall report to the
Secretary of State.
(b) Rank.--The Special Envoy shall have the rank and status of
ambassador.
(c) Responsibilities.--The Special Presidential Envoy for Hostage
Affairs shall--
(1) lead diplomatic engagement on United States hostage
policy;
(2) coordinate all diplomatic engagements and strategy in
support of hostage recovery efforts, in coordination with the
Hostage Recovery Fusion Cell and consistent with policy
guidance communicated through the Hostage Response Group;
(3) in coordination with the Hostage Recovery Fusion Cell
as appropriate, coordinate diplomatic engagements regarding
cases in which a foreign government has detained a United
States national and the United States Government regards such
detention as unlawful or wrongful;
(4) provide senior representation from the Special Envoy's
office to the Hostage Recovery Fusion Cell established under
section 1294 and the Hostage Response Group established under
section 1295; and
(5) ensure that families of United States nationals
unlawfully or wrongly detained abroad receive updated
information about developments in cases and government policy.
SEC. 1294. HOSTAGE RECOVERY FUSION CELL.
(a) Establishment.--The President shall establish an interagency
Hostage Recovery Fusion Cell.
(b) Participation.--The President shall direct the heads of each of
the following executive departments, agencies, and offices to make
available personnel to participate in the Hostage Recovery Fusion Cell:
(1) The Department of State.
(2) The Department of the Treasury.
(3) The Department of Defense.
(4) The Department of Justice.
(5) The Office of the Director of National Intelligence.
(6) The Federal Bureau of Investigation.
(7) The Central Intelligence Agency.
(8) Other agencies as the President, from time to time, may
designate.
(c) Personnel.--The Hostage Recovery Fusion Cell shall include--
(1) a Director, who shall be a full-time senior officer or
employee of the United States Government;
(2) a Family Engagement Coordinator who shall--
(A) work to ensure that all interactions by
executive branch officials with a hostage's family
occur in a coordinated fashion and that the family
receives consistent and accurate information from the
United States Government; and
(B) if directed, perform the same function as set
out in subparagraph (A) with regard to the family of a
United States national who is unlawfully or wrongfully
detained abroad; and
(3) other officers and employees as deemed appropriate by
the President.
(d) Duties.--The Hostage Recovery Fusion Cell shall--
(1) coordinate efforts by participating agencies to ensure
that all relevant information, expertise, and resources are
brought to bear to secure the safe recovery of United States
nationals held hostage abroad;
(2) if directed, coordinate the United States Government's
response to other hostage-takings occurring abroad in which the
United States has a national interest;
(3) if directed, coordinate or assist the United States
Government's response to help secure the release of United
States nationals unlawfully or wrongfully detained abroad; and
(4) pursuant to policy guidance coordinated through the
National Security Council--
(A) identify and recommend hostage recovery options
and strategies to the President through the National
Security Council or the Deputies Committee of the
National Security Council;
(B) coordinate efforts by participating agencies to
ensure that information regarding hostage events,
including potential recovery options and engagements
with families and external actors (including foreign
governments), is appropriately shared within the United
States Government to facilitate a coordinated response
to a hostage-taking;
(C) assess and track all hostage-takings of United
States nationals abroad and provide regular reports to
the President and Congress on the status of such cases
and any measures being taken toward the hostages' safe
recovery;
(D) provide a forum for intelligence sharing and,
with the support of the Director of National
Intelligence, coordinate the declassification of
relevant information;
(E) coordinate efforts by participating agencies to
provide appropriate support and assistance to hostages
and their families in a coordinated and consistent
manner and to provide families with timely information
regarding significant events in their cases;
(F) make recommendations to agencies in order to
reduce the likelihood of United States nationals' being
taken hostage abroad and enhance United States
Government preparation to maximize the probability of a
favorable outcome following a hostage-taking; and
(G) coordinate with agencies regarding
congressional, media, and other public inquiries
pertaining to hostage events.
(e) Administration.--The Hostage Recovery Fusion Cell shall be
located within the Federal Bureau of Investigation for administrative
purposes.
SEC. 1295. HOSTAGE RESPONSE GROUP.
(a) Establishment.--The President shall establish a Hostage
Response Group, chaired by a designated member of the National Security
Council or the Deputies Committee of the National Security Council, to
be convened on a regular basis, to further the safe recovery of United
States nationals held hostage abroad or unlawfully or wrongfully
detained abroad, and to be tasked with coordinating the United States
Government response to other hostage-takings occurring abroad in which
the United States has a national interest.
(b) Membership.--The regular members of the Hostage Response Group
shall include the Director of the Hostage Recovery Fusion Cell, the
Hostage Recovery Fusion Cell's Family Engagement Coordinator, the
Special Envoy appointed pursuant to section 1293, and representatives
from the Department of the Treasury, the Department of Defense, the
Department of Justice, the Federal Bureau of Investigation, the Office
of the Director of National Intelligence, the Central Intelligence
Agency, and other agencies as the President, from time to time, may
designate.
(c) Duties.--The Hostage Recovery Group shall--
(1) identify and recommend hostage recovery options and
strategies to the President through the National Security
Council;
(2) coordinate the development and implementation of United
States hostage recovery policies, strategies, and procedures;
(3) receive regular updates from the Hostage Recovery
Fusion Cell and the Special Envoy for Hostage Affairs on the
status of United States nationals being held hostage or
unlawfully or wrongfully detained abroad and measures being
taken to effect safe recoveries;
(4) coordinate the provision of policy guidance to the
Hostage Recovery Fusion Cell, including reviewing recovery
options proposed by the Hostage Recovery Fusion Cell and
working to resolve disputes within the Hostage Recovery Fusion
Cell;
(5) as appropriate, direct the use of resources at the
Hostage Recovery Fusion Cell to coordinate or assist in the
safe recovery of United States nationals unlawfully or
wrongfully detained abroad; and
(6) as appropriate, direct the use of resources at the
Hostage Recovery Fusion Cell to coordinate the United States
Government response to other hostage-takings occurring abroad
in which the United States has a national interest.
(d) Meetings.--The Hostage Response Group shall meet regularly.
(e) Reporting.--The Hostage Response Group shall regularly provide
recommendations on hostage recovery options and strategies to the
National Security Council.
SEC. 1296. AUTHORIZATION OF IMPOSITION OF SANCTIONS.
(a) In General.--The President may impose the sanctions described
in subsection (b) with respect to any foreign person the President
determines, based on credible evidence--
(1) is responsible for or is complicit in, or responsible
for ordering, controlling, or otherwise directing, the hostage-
taking of a United States national abroad or the unlawful or
wrongful detention of a United States national abroad; or
(2) knowingly provides financial, material, or
technological support for, or goods or services in support of,
an activity described in paragraph (1).
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (a) may be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in
subsection (a) may be subject to revocation of
any visa or other entry documentation
regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) may--
(I) take effect immediately; and
(II) cancel any other valid visa or
entry documentation that is in the
alien's possession.
(2) Blocking of property.--
(A) In general.--The President may exercise all of
the powers granted to the President under the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), to the extent necessary to block and
prohibit all transactions in property and interests in
property of a foreign person described in subsection
(a) if such property and interests in property are in
the United States, come within the United States, or
are or come within the possession or control of a
United States person.
(B) Inapplicability of national emergency
requirement.--The requirements of section 202 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) shall not apply for purposes of this section.
(c) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to any activity subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception to comply with international obligations and
for law enforcement activities.--Sanctions under subsection
(b)(1) shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations; or
(B) to carry out or assist law enforcement activity
in the United States.
(d) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of subsection (b)(2) or any
regulation, license, or order issued to carry out that subsection shall
be subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(e) Termination of Sanctions.--The President may terminate the
application of sanctions under this section with respect to a person if
the President determines that--
(1) information exists that the person did not engage in
the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for the
activity for which sanctions were imposed, and has credibly
committed to not engage in an activity described in subsection
(a) in the future; or
(4) the termination of the sanctions is in the national
security interests of the United States.
(f) Reporting Requirement.--If the President terminates sanctions
pursuant to subsection (d), the President shall report to the
appropriate congressional committees a written justification for such
termination within 15 days.
(g) Implementation of Regulatory Authority.--The President may
exercise all authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
to carry out this section.
(h) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this subtitle shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(2) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(i) Definitions.--In this section:
(1) Foreign person.--The term ``foreign person'' means--
(A) any citizen or national of a foreign country
(including any such individual who is also a citizen or
national of the United States); or
(B) any entity not organized solely under the laws
of the United States or existing solely in the United
States.
(2) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to
the United States;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 1297. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, the Committee on Banking,
Housing, and Urban Affairs, the Committee on the
Judiciary, the Committee on Armed Services, and the
Select Committee on Intelligence of the United States
Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, the Committee on Financial Services,
the Committee on the Judiciary, the Committee on Armed
Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) United states national.--The term ``United States
national'' means--
(A) a United States national as defined in section
101(a)(22) or section 308 of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408);
and
(B) a lawful permanent resident alien with
significant ties to the United States.
SEC. 1298. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to authorize a private
right of action.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. FUNDING ALLOCATIONS FOR DEPARTMENT OF DEFENSE COOPERATIVE
THREAT REDUCTION PROGRAM.
(a) In General.--Of the $288,490,000 authorized to be appropriated
to the Department of Defense for fiscal year 2021 in section 301 and
made available by the funding table in division D for the Department of
Defense Cooperative Threat Reduction Program established under section
1321 of the Department of Defense Cooperative Threat Reduction Act (50
U.S.C. 3711), the following amounts may be obligated for the purposes
specified:
(1) For strategic offensive arms elimination, $2,924,000.
(2) For chemical security and elimination, $11,806,000.
(3) For global nuclear security, $20,152,000.
(4) For biological threat reduction, $177,396,000.
(5) For proliferation prevention, $52,064,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $24,148,000.
(b) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 and made available by
the funding table in division D for the Department of Defense
Cooperative Threat Reduction Program shall be available for obligation
for fiscal years 2021, 2022, and 2023.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2021
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, as specified in the funding table in
section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2021 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2021 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the Defense Health Program, as specified in the funding table in
section 4501, for use of the Armed Forces and other activities and
agencies of the Department of Defense in providing for the health of
eligible beneficiaries.
Subtitle B--Armed Forces Retirement Home
SEC. 1411. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year 2021
from the Armed Forces Retirement Home Trust Fund the sum of $64,300,000
for the operation of the Armed Forces Retirement Home.
SEC. 1412. PERIODIC INSPECTIONS OF ARMED FORCES RETIREMENT HOME
FACILITIES BY NATIONALLY RECOGNIZED ACCREDITING
ORGANIZATION.
(a) In General.--Section 1518 of the Armed Forces Retirement Home
Act of 1991 (24 U.S.C. 418) is amended to read as follows:
``SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES.
``(a) Inspections.--The Chief Operating Officer shall request the
inspection of each facility of the Retirement Home by a nationally
recognized civilian accrediting organization in accordance with section
1511(g) on a frequency consistent with the standards of such
organization.
``(b) Availability of Staff and Records.--The Chief Operating
Officer and the Administrator of a facility being inspected under this
section shall make all staff, other personnel, and records of the
facility available to the civilian accrediting organization in a timely
manner for purposes of inspections under this section.
``(c) Reports.--Not later than 60 days after receiving a report on
an inspection from the civilian accrediting organization under this
section, the Chief Operating Officer shall submit to the Secretary of
Defense, the Senior Medical Advisor, and the Advisory Council a report
containing--
``(1) the results of the inspection; and
``(2) a plan to address any recommendations and other
matters set forth in the report.''.
(b) Conforming Amendments.--The Armed Forces Retirement Home Act of
1991 (24 U.S.C. 401 et seq.) is further amended as follows:
(1) In section 1513A(c)(2) (24 U.S.C. 413a(c)(2)), by
striking ``(including requirements identified in applicable
reports of the Inspector General of the Department of
Defense)''.
(2) In section 1516(b)(3) (24 U.S.C. 416(b)(3))--
(A) by striking ``shall--'' and all that follows
through ``provide for'' and inserting ``shall provide
for'';
(B) by striking ``; and'' and inserting a period;
and
(C) by striking subparagraph (B).
(3) In section 1517(e)(2) (24 U.S.C. 417(e)(2)), by
striking ``the Inspector General of the Department of
Defense,''.
SEC. 1413. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE ARMED FORCES
RETIREMENT HOME.
(a) Expansion of Eligibility.--Section 1512(a) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 412(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``active'' in the first sentence;
(2) in paragraph (1), by striking ``are 60 years of age or
over and''; and
(3) by adding the following new paragraph:
``(5) Persons who are eligible for retired pay under
chapter 1223 of title 10, United States Code, and--
``(A) are eligible for care under section 1710 of
title 38, United States Code;
``(B) are enrolled in coverage under chapter 55 of
title 10, United States Code; or
``(C) are enrolled in a qualified health plan
acceptable to the Chief Operating Officer.''.
(b) Parity of Fees and Deductions.--Section 1514(c) of such Act (24
U.S.C. 414(c)) is amended--
(1) by striking paragraph (2) and inserting the following
new paragraph (2)
``(2)(A) The fee shall be fixed as a percentage of the monthly
income and monthly payments (including Federal payments) received by a
resident. The percentage shall be the same for each facility of the
Retirement Home. The Secretary of Defense may make any adjustment in a
percentage that the Secretary determines appropriate.
``(B) The calculation of monthly income and monthly payments under
subparagraph (A) for a resident eligible under section 1512(a)(5) shall
not be less than the retirement pay for equivalent active duty service
as determined by the Chief Operating Officer, except as the Chief
Operating Officer may provide because of compelling personal
circumstances.''; and
(2) by adding at the end the following new paragraph:
``(4) The Administrator of each facility of the Retirement Home may
collect a fee upon admission from a resident accepted under section
1512(a)(5) equal to the deductions then in effect under section
1007(i)(1) of title 37, United States Code, for each year of non-
regular service, and shall deposit such fee in the Armed Forces
Retirement Home Trust Fund.''.
(c) Conforming Amendment.--Section 1007(i)(3) of title 37, United
States Code, is amended by striking ``Armed Forces Retirement Home
Board'' and inserting ``Chief Operating Officer of the Armed Forces
Retirement Home''.
Subtitle C--Other Matters
SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH
CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated by section 1405 and available for the Defense Health
Program for operation and maintenance, $130,400,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2571).
(b) Treatment of Transferred Funds.--For purposes of subsection
(a)(2) of such section 1704, any funds transferred under subsection (a)
shall be treated as amounts authorized and appropriated specifically
for the purpose of such a transfer.
(c) Use of Transferred Funds.--For purposes of subsection (b) of
such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500).
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
SEC. 1501. PURPOSE.
The purpose of this subtitle is to authorize appropriations for the
Department of Defense for fiscal year 2021 to provide additional funds
for overseas contingency operations being carried out by the Armed
Forces.
SEC. 1502. OVERSEAS CONTINGENCY OPERATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the Department of Defense for overseas contingency operations in
such amounts as may be designated as provided in section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(A)(ii)).
SEC. 1503. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2021
for procurement accounts for the Army, the Navy and the Marine Corps,
the Air Force, and Defense-wide activities, as specified in the funding
table in section 4102.
SEC. 1504. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4202.
SEC. 1505. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4302.
SEC. 1506. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
military personnel, as specified in the funding table in section 4402.
SEC. 1507. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4502.
SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2021 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4502.
SEC. 1509. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2021 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4502.
SEC. 1510. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2021 for expenses, not otherwise provided
for, for the Defense Health Program, as specified in the funding table
in section 4502.
Subtitle B--Financial Matters
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1522. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal
year 2021 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $2,000,000,000.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
Subtitle C--Other Matters
SEC. 1531. AFGHANISTAN SECURITY FORCES FUND.
(a) Extension of Availability of Funds for Security of Afghan
Women.--Subsection (c)(1) of section 1520 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended,
in the matter preceding subparagraph (A), by striking ``fiscal year
2020'' and inserting ``fiscal year 2021''.
(b) Assessment of Afghanistan Progress on Objectives.--Subsection
(d) of such section is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``June 1, 2020'' and inserting ``March 1,
2021'';
(B) in subparagraph (A), by striking ``; and'' and
inserting ``, including specific milestones achieved
since the date on which the 2020 progress report was
submitted;'';
(C) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(C) the efforts of the Government of the Islamic
Republic of Afghanistan to fulfill the commitments of
the Government of the Islamic Republic of Afghanistan
under the Joint Declaration between the Islamic
Republic of Afghanistan and the United States of
America for Bringing Peace to Afghanistan, issued on
February 29, 2020.'';
(2) by amending paragraph (2) to read as follows:
``(2) Matters to be included.--In conducting the assessment
required by paragraph (1), the Secretary of Defense shall
include each of the following:
``(A) The progress made by the Government of the
Islamic Republic of Afghanistan toward increased
accountability and the reduction of corruption within
the Ministry of Defense and the Ministry of Interior of
the Government of the Islamic Republic of Afghanistan.
``(B) The extent to which the Government of the
Islamic Republic of Afghanistan has designated the
appropriate staff, prioritized the development of
relevant processes, and provided or requested the
allocation of resources necessary to support a peace
and reconciliation process in Afghanistan.
``(C) The extent to which the capability and
capacity of the Afghan National Defense and Security
Forces have improved as a result of Afghanistan
Security Forces Fund investment, including through
training, and an articulation of the metrics used to
assess such improvements.
``(D) The extent to which the Afghan National
Defense and Security Forces have been successful in--
``(i) defending territory, re-taking
territory, and disrupting attacks;
``(ii) reducing the use of Afghan National
Defense and Security Forces checkpoints; and
``(iii) curtailing the use of Afghan
Special Security Forces for missions that are
better suited to general purpose forces.
``(E) The distribution practices of the Afghan
National Defense and Security Forces and whether the
Government of the Islamic Republic of Afghanistan is
ensuring that supplies, equipment, and weaponry
supplied by the United States are appropriately
distributed to, and employed by, security forces.
``(F) The progress made with respect to the
recruitment, integration, retention, training, and
treatment of women in the Afghan National Defense and
Security Forces.
``(G) The extent to which the Government of the
Islamic Republic of Afghanistan is adhering to
conditions for receiving assistance established in
annual financial commitment letters or any other
bilateral agreement with the United States.
``(H) Such other factors as the Secretaries
consider appropriate.''; and
(3) by amending paragraph (4) to read as follows:
``(4) Withholding of funds for insufficient progress.--
``(A) Certification.--Not later than December 31,
2020, the Secretary of Defense, in coordination with
the Secretary of State and pursuant to the assessment
under paragraph (1), shall submit to the congressional
defense committees a certification indicating whether
the Government of the Islamic Republic of Afghanistan
has made sufficient progress in the areas described in
paragraph (2).
``(B) Withholding of funds.--If the Secretary of
Defense is unable under subparagraph (A) to certify
that the Government of the Islamic Republic of
Afghanistan is making sufficient progress in the areas
described in paragraph (2), the Secretary of Defense
shall--
``(i) withhold from expenditure and
obligation an amount that is not less than 5
percent and not more than 15 percent of the
amounts made available for assistance for the
Afghan National Defense and Security Forces for
fiscal year 2021 until the date on which the
Secretary is able to so certify; and
``(ii) notify the congressional defense
committees not later than 30 days before
withholding such funds and indicate the
specific areas of insufficient progress.
``(C) Waiver.--If the Secretary of Defense
determines that withholding such funds would impede the
national security objectives of the United States by
prohibiting, restricting, delaying, or otherwise
limiting the provision of assistance to the Afghan
National Defense and Security Forces for fiscal year
2021, the Secretary may waive the withholding
requirement under subparagraph (B) if the Secretary, in
coordination with the Secretary of State, certifies
such determination to the congressional defense
committees not later than 30 days before the effective
date of the waiver.''.
(c) Additional Reporting Requirements.--Subsection (e) of such
section is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal year 2021'' and inserting ``fiscal year 2022'';
(2) in paragraph (1), by striking ``fiscal year 2019'' and
inserting ``fiscal year 2020'';
(3) in paragraph (2), by striking ``fiscal year 2020'' and
inserting ``fiscal year 2021''; and
(4) by amending paragraph (3) to read as follows:
``(3) If the amounts described in paragraph (2) exceed the
amount described in paragraph (1)--
``(A) an explanation as to why such amounts are
greater; and
``(B) a detailed description of the specific
entities and purposes that were supported by such
increase.''.
(d) Conforming Amendment.--Such section is further amended by
striking ``Government of Afghanistan'' each place it appears and
inserting ``Government of the Islamic Republic of Afghanistan''.
SEC. 1532. TRANSITION AND ENHANCEMENT OF INSPECTOR GENERAL AUTHORITIES
FOR AFGHANISTAN RECONSTRUCTION.
(a) Sense of Senate.--It is the sense of the Senate to commend the
Special Inspector General for Afghanistan Reconstruction, and the
Office of the Special Inspector General for Afghanistan Reconstruction,
for--
(1) dedicated and faithful service to the United States
since their establishment in the 2008; and
(2) promoting substantial efficiency and effectiveness in
the administration of programs and operations funded with
amounts for the reconstruction of Afghanistan.
(b) Purposes.--Subsection (a) of section 1229 of the National
Defense Authorization Act for Fiscal Year 2008 (5 U.S.C. app. 8G note)
is amended--
(1) in paragraph (3), by inserting after ``To provide for''
the following: ``the transition to the lead Inspector General
for Operation Freedom's Sentinel designated pursuant to section
8L(d) of the Inspector General Act of 1978 (50 U.S.C. app.
8L(d)) of all duties, responsibilities, and authorities for
serving''; and
(2) by adding at the end the following new paragraph:
``(4) To maximize coordination between the Inspector
General under this section and the lead Inspector General for
Operation Freedom's Sentinel, including through transparency
and timely sharing of data and information collected in
relation to the exercise of their respective duties,
responsibilities, and authorities, with emphasis on matters of
significant overlap between the Department of State, the United
States Agency for International Development, and the Department
of Defense.''.
(c) Assistant Inspector General for Auditing.--Subsection (d)(1) of
such section is amended by striking ``supported by'' and inserting
``funded with''.
(d) Supervision.--Subsection (e)(2) of such section is amended by
inserting ``authorized by this section'' after ``any audit or
investigation''.
(e) Duties.--Subsection (f) of such section is amended--
(1) in paragraph (1)--
(A) in subparagraph (E), by adding ``and'' at the
end;
(B) by striking subparagraph (F);
(C) by redesignating subparagraph (G) as
subparagraph (F); and
(D) in subparagraph (F), as redesignated by
subparagraph (C) of this paragraph--
(i) by inserting ``with such funds'' after
``overpayments,''; and
(ii) by inserting ``regarding such funds,''
after ``or affiliated entities'';
(2) in paragraph (2)--
(A) by striking ``The Inspector General'' and
inserting ``As specified in this section, the Inspector
General''; and
(B) by striking ``as the Inspector General
considers appropriate'' and inserting ``as necessary'';
and
(3) by striking paragraph (4) and inserting the following
new paragraph (4):
``(4) Scope of duties and responsibilities.--
``(A) No extension to particular matters.--The
duties and responsibilities of the Inspector General
under paragraphs (1) through (3) shall not extend to
the following:
``(i) Military operations or activities
(including security assistance or cooperation),
unless such operations or activities are funded
using a Fund or account specified in subsection
(n)(1).
``(ii) Contracts for personal security.
``(B) Assignment of duties and responsibilities for
such matters.--Duties and responsibilities of
inspectors general with respect to operations and
activities and contracts specified in subparagraph (A)
shall be discharged by the lead Inspector General for
Operation Freedom's Sentinel designated pursuant to
section 8L(d) of the Inspector General Act of 1978.''.
(f) Responsibility for Coordination of Efforts Vested in Lead IG
for Operation Freedom's Sentinel.--Such section is further amended--
(1) by redesignating subsections (g) through (o) as
subsections (h) through (p), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Coordination and Deconfliction of Efforts.--
``(1) Coordination and deconfliction through lead ig for
operation freedom's sentinel.--The lead Inspector General for
Operation Freedom's Sentinel designated pursuant to section
8L(d) of the Inspector General Act of 1978 shall exercise all
duties, responsibilities, and authorities for the coordination
and deconfliction of inspector general activities in or in
regard to Afghanistan.
``(2) Coordination in discharge.--In carrying out duties,
responsibilities, and authorities under paragraph (1), the lead
Inspector General referred to in that paragraph shall
coordinate with, receive the cooperation of, and be responsible
for deconfliction among, the following:
``(A) Each Inspector General specified in section
8L(c) of the Inspector General Act of 1978 who is not
the lead Inspector General for Operation Freedom's
Sentinel.
``(B) The Inspector General under this section.''.
(g) Assistance From Federal Agencies.--Subsection (i) of such
section, as redesignated by subsection (f)(1) of this section, is
amended--
(1) in paragraph (5)(A), by inserting ``pertaining to the
exercise by the Inspector General of duties, responsibilities,
or authorities specified in subsection (f)'' after
``information and assistance''; and
(2) by striking paragraph (6).
(h) Reports.--Subsection (j) of such section, as redesignated by
subsection (f)(1) of this section, is amended--
(1) in paragraph (1)--
(A) by striking the matter preceding subparagraph
(A) and inserting the following new matter:
``(1) Semi-annual reports.--Not later than 30 days after
the end of the second quarter of each fiscal year, and not
later than 30 days after the end of the fourth quarter of each
fiscal year, the Inspector General shall submit to the
appropriate congressional committees a report setting forth a
summary, for the two fiscal year quarters ending before the
date on which such report is required to be submitted, of the
activities of the Inspector General and the activities under
programs and operations funded with amounts appropriated or
otherwise made available for the reconstruction of Afghanistan.
Each report shall include, for the period covered by such
report, the following:'';
(B) by striking subparagraph (A) and inserting the
following new subparagraph (A):
``(A) A detailed statement of all obligations and
expenditures of amounts appropriated or otherwise made
available for the reconstruction of Afghanistan.'';
(C) in subparagraph (B), by inserting ``projects
and programs funded by amounts appropriated or
otherwise made available'' after ``costs incurred to
date for''; and
(D) in subparagraphs (C) and (D), by striking
``funded by any department or agency of the United
States Government'' each place it appears and inserting
``funded by amounts appropriated or otherwise made
available for the reconstruction of Afghanistan''; and
(2) in paragraph (2), by striking ``that involves the use''
and all that follows and inserting ``that is funded by amounts
appropriated or otherwise made available for the reconstruction
of Afghanistan.''.
(i) Report Coordination.--Subsection (k) of such section, as
redesignated by subsection (f)(1) of this section, is amended--
(1) in the subsection heading, by inserting ``by Inspector
General for Operation Freedom's Sentinel'' after ``Report
Coordination'';
(2) in paragraph (1), by striking ``and the Secretary of
Defense'' and inserting ``, the Secretary of Defense, and the
lead Inspector General for Operation Freedom's Sentinel
designated pursuant to section 8L(d) of the Inspector General
Act of 1978''; and
(3) in paragraph (2), by striking ``or the Secretary of
Defense'' each place it appears and inserting ``, the Secretary
of Defense, or the lead Inspector General referred to in
paragraph (1)''.
(j) Funds Subject to Oversight Responsibility.--Paragraph (1) of
subsection (n) of such section, as redesignated by subsection (f)(1) of
this section, is amended to read as follows:
``(1) Amounts appropriated or otherwise made available for
the reconstruction of afghanistan.--The term `amounts
appropriated or otherwise made available for the reconstruction
of Afghanistan' means amounts appropriated or otherwise made
available for any fiscal year for the reconstruction of
Afghanistan under either of the following:
``(A) The Economic Support Fund.
``(B) The International Narcotics Control and Law
Enforcement account.
``(C) The Commanders Emergency Response Program
Fund.
``(D) The NATO Afghanistan National Army Trust
Fund.
``(E) The Drug Interdiction and Counter Drug
Activities Fund.
``(F) The Afghanistan Security Forces Fund.''.
(k) Termination.--Subsection (p) of such section, as redesignated
by subsection (f)(1) of this section, is amended--
(1) by striking paragraph (2); and
(2) by adding at the end the following new paragraphs.
``(2) Assumption of duties, responsibilities, and
authorities in termination.--
``(A) In general.--Effective as of the date
provided for in subparagraph (B), the duties,
responsibilities, and authorities of the Inspector
General under this section shall be discharged by the
lead Inspector General for Operation Freedom's Sentinel
designated pursuant to subsection (d) of section 8L of
the Inspector General Act of 1978.
``(B) Effective date.--The effective date provided
for in this subparagraph shall be such date after the
date of the termination of the Office of the Special
Inspector General for Afghanistan Reconstruction
pursuant to paragraph (1) as the Chair of the Council
of Inspectors General on Integrity and Efficiency under
subsection (a) of section 8L of the Inspector General
Act of 1978 shall specify, which date may not be more
than 180 days after the date of such termination.
``(3) Final report.--The final report of the Inspector
General under this section shall consist of the semi-annual
report required by subsection (j)(1) for the last two fiscal
year quarters ending before the date of the termination of the
Office of the Special Inspector General for Afghanistan
Reconstruction pursuant to paragraph (1).''.
(l) Conforming and Technical Amendments.--
(1) In general.--Subject to paragraph (2), such section is
further amended as follows:
(A) In subsection (a)(2)(A), by inserting a comma
after ``economy''.
(B) Subsection (a)(3) is amended to read as such
subsection read as of the day before the date of the
enactment of this Act.
(C) Paragraph (4) of subsection (a) is repealed.
(D) In subsection (f)(1)(E), by striking ``fund''
and inserting ``funds''.
(E) In subsections (l) and (m), as redesignated by
subsection (f)(1) of this section--
(i) by striking ``subsection (i)'' each
place it appears and inserting ``subsection
(j)''; and
(ii) by striking ``subsection (j)(2)'' each
place it appears and inserting ``subsection
(k)(2)''.
(2) Effective dates.--The amendments made by subparagraphs
(A), (D) and (E) of paragraph (1) shall take effect on the date
of the enactment of this Act. The amendment made by
subparagraphs (B) and (C) of that paragraph shall take effect
on the effective date provided for in section 1229(p)(2)(B) of
the National Defense Authorization Act for Fiscal Year 2008, as
redesignated by subsection (f)(1) and amended by subsection
(k).
(m) Conforming Amendment to Other Law.--Section 842(c) of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 234; 10 U.S.C. 2302 note) is amended--
(1) by inserting ``(1)'' before ``The Special Inspector
General for Iraq Reconstruction''; and
(2) by adding at the end the following new paragraph:
``(2) Upon the assumption by the lead Inspector General for
Operation Freedom's Sentinel designated pursuant to section 8L(d) of
the Inspector General Act of 1978 (5 U.S.C. app. 8L(d)) of duties,
responsibilities, and authorities under section 1229 of this Act, as
provided for in subsection (p)(2) of such section 1229, the requirement
in paragraph (1) to perform audits as required by subsection (a) with
respect to Afghanistan shall be discharged by such lead Inspector
General.''.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
SEC. 1601. RESILIENT AND SURVIVABLE POSITIONING, NAVIGATION, AND TIMING
CAPABILITIES.
(a) In General.--Not later than two years after the date of the
enactment of this Act, consistent with the timescale applicable to
joint urgent operational needs statements, the Secretary of Defense
shall--
(1) prioritize and rank order the mission elements,
platforms, and weapons systems most critical for the
operational plans of the combatant commands;
(2) mature, test, and produce for such prioritized mission
elements sufficient equipment--
(A) to generate resilient and survivable
alternative positioning, navigation, and timing
signals; and
(B) to process resilient survivable data provided
by signals of opportunity and on-board sensor systems;
and
(3) integrate and deploy such equipment into the
prioritized operational systems, platforms, and weapons
systems.
(b) Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a plan to commence carrying
out subsection (a) in fiscal year 2021.
(2) Reprogramming and budget proposals.--The plan submitted
under paragraph (1) may include any reprogramming or
supplemental budget request the Secretary considers necessary
to carry out subsection (a).
(c) Coordination.--In carrying out this section, the Secretary
shall consult with the National Security Council, the Secretary of
Homeland Security, the Secretary of Transportation, and the head of any
other relevant Federal department or agency to enable civilian and
commercial adoption of technologies and capabilities for resilient and
survivable alternative positioning, navigation, and timing capabilities
to complement the global positioning system.
SEC. 1602. DEVELOPMENT EFFORTS FOR NATIONAL SECURITY SPACE LAUNCH
PROVIDERS.
(a) In General.--The Secretary of the Air Force shall establish a
program to develop technologies and systems to enhance phase three
National Security Space Launch requirements and enable further advances
in launch capability associated with the insertion of national security
payloads into relevant classes of orbits.
(b) Duration.--The duration of a project to develop technologies
and systems selected under the program shall be not more than three
years.
(c) Program Expense Ceiling.--The total amount expended under the
program shall not exceed $250,000,000.
(d) Sunset.--The program established under this section shall
terminate on October 1, 2027.
SEC. 1603. TIMELINE FOR NONRECURRING DESIGN VALIDATION FOR RESPONSIVE
SPACE LAUNCH.
Not later than 540 days after the date on which the Secretary of
the Air Force selects two National Security Space Launch providers in
accordance with the phase two acquisition strategy for the National
Security Space Launch program, the Secretary of Defense shall complete
the nonrecurring design validation of previously flown launch hardware
for National Security Space Launch providers that offer such hardware
for use in the phase two acquisition strategy or other national
security space missions.
SEC. 1604. TACTICALLY RESPONSIVE SPACE LAUNCH OPERATIONS.
The Secretary of the Air Force shall implement a tactically
responsive space launch program--
(1) to provide long-term continuity for tactically
responsive space launch operations across the future-years
defense program submitted to Congress under section 221 of
title 10, United States Code;
(2) to accelerate the development of--
(A) responsive launch concepts of operations;
(B) tactics;
(C) training; and
(D) procedures;
(3) to develop appropriate processes for tactically
responsive space launch, including--
(A) mission assurance processes; and
(B) command and control, tracking, telemetry, and
communications; and
(4) to identify basing capabilities necessary to enable
tactically responsive space launch, including mobile launch
range infrastructure.
SEC. 1605. CONFORMING AMENDMENTS RELATING TO REESTABLISHMENT OF SPACE
COMMAND.
(a) Certifications Regarding Integrated Tactical Warning and Attack
Assessment Mission of the Air Force.--Section 1666(a) of National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 113
Stat. 2617) is amended by striking ``Strategic Command'' and inserting
``Space Command''.
(b) Council on Oversight of the Department of Defense Positioning,
Navigation, and Timing Enterprise.--Section 2279b of title 10, United
States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (7), (8), (9), and
(10) as paragraphs (8), (9), (10), and (11),
respectively; and
(B) by inserting after paragraph (6) the following
new paragraph (7):
``(7) The Commander of the United States Space Command.'';
and
(2) in subsection (f), by striking ``Strategic Command''
each place it appears and inserting ``Space Command''.
(c) Joint Interagency Combined Space Operations Center.--Section
605(e) of the Intelligence Authorization Act for Fiscal Year 2017
(Public Law 115-31; 131 Stat. 832) is amended--
(1) in the subsection heading, by striking ``Joint
Interagency Combined Space Operations Center'' and inserting
``National Space Defense Center''; and
(2) by striking ``Strategic Command'' each place it appears
and inserting ``Space Command''; and
(3) by striking ``Joint Interagency Combined Space
Operations Center'' each place it appears and inserting
``National Space Defense Center''.
(d) National Security Space Satellite Reporting Policy.--Section
2278(a) of title 10, United States Code, is amended by striking
``Strategic Command'' and inserting ``Space Command''.
(e) Space-based Infrared System and Advanced Extremely High
Frequency Program.--Section 1612(a)(1) of the National Defense
Authorization Act for 2017 (Public Law 114-328; 130 Stat. 2590) is
amended by striking ``Strategic Command'' and inserting ``Space
Command''.
SEC. 1606. SPACE DEVELOPMENT AGENCY DEVELOPMENT REQUIREMENTS AND
TRANSFER TO SPACE FORCE.
(a) Development.--The Director of the Space Development Agency
shall lead--
(1) the development and demonstration of a resilient
military space-based sensing, tracking, and data transport
architecture that primarily uses a proliferated low-Earth
orbit; and
(2) the integration of next-generation space capabilities,
and sensor and tracking components (including a hypersonic and
ballistic missile-tracking space sensor payload), into such
architecture to address the requirements and needs of the Armed
Forces and combatant commands for such capabilities.
(b) Organization.--On October 1, 2022, or earlier if directed by
the Secretary of Defense, the Space Development Agency shall be
transferred from the Office of the Secretary of Defense to the United
States Space Force and shall maintain the same organizational reporting
requirements and acquisition authorities as the Space Rapid Capability
Office.
SEC. 1607. SPACE LAUNCH RATE ASSESSMENT.
Not later than 90 days after the date of the enactment of this Act,
and biennially thereafter for the following five-year period, the
Secretary of the Air Force shall submit to the congressional defense
committees an assessment that includes--
(1) the total number of space launches for all national
security and Federal civil agency entities conducted in the
United States during the preceding two-year period; and
(2) the number of space launches by the same sponsors
projected to occur during the following three-year period,
including--
(A) the number of launches, disaggregated by class
of launch vehicle; and
(B) the number of payloads, disaggregated by
orbital destination.
SEC. 1608. REPORT ON IMPACT OF ACQUISITION STRATEGY FOR THE NATIONAL
SECURITY SPACE LAUNCH PROGRAM ON EMERGING FOREIGN SPACE
LAUNCH PROVIDERS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Air Force shall submit to Congress a report on the
impact of the acquisition strategy for the National Security Space
Launch program on the potential for foreign countries, including the
People's Republic of China, to enter the global commercial space launch
market.
SEC. 1609. LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING.
(a) In General.--In acquiring geospatial-intelligence, the
Secretary of Defense, in coordination with the Director of the National
Reconnaissance Office and the Director of the National Geospatial-
Intelligence Agency, shall leverage, to the maximum extent practicable,
the capabilities of United States industry, including through the use
of commercial geospatial-intelligence services and acquisition of
commercial satellite imagery.
(b) Obtaining Future Geospatial-intelligence Data.--The Director of
the National Reconnaissance Office, as part of an analysis of
alternatives for the future acquisition of space systems for
geospatial-intelligence, shall--
(1) consider whether there is a suitable, cost-effective,
commercial capability available that can meet any or all of the
geospatial-intelligence requirements of the Department and the
intelligence community;
(2) if a suitable, cost-effective, commercial capability is
available as described in paragraph (1), determine whether it
is in the national interest to develop a governmental space
system for geospatial intelligence; and
(3) include, as part of the established acquisition
reporting requirements to the appropriate committees of
Congress, any determination made under paragraphs (1) and (2).
(c) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the congressional defense committees;
(B) the Select Committee on Intelligence of the
Senate; and
(C) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) 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).
Subtitle B--Cyberspace-Related Matters
SEC. 1611. MODIFICATION OF POSITION OF PRINCIPAL CYBER ADVISOR.
(a) In General.--Subsection (c) of section 932 of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2224 note) is amended to read as follows:
``(c) Principal Cyber Advisor.--
``(1) Designation.--The Secretary shall designate a
Principal Cyber Advisor from among those civilian officials of
the Department of Defense who have been appointed to the
positions in which they serve by the President, by and with the
advice and consent of the Senate.
``(2) Responsibilities.--The Principal Cyber Advisor shall
be responsible for the following:
``(A) Acting as the principal advisor to the
Secretary on military cyber forces and activities.
``(B) Overall integration of Cyber Operations
Forces activities relating to cyberspace operations,
including associated policy and operational
considerations, resources, personnel, technology
development and transition, and acquisition.
``(C) Assessing and overseeing the implementation
of the cyber strategy of the Department and execution
of the cyber posture review of the Department on behalf
of the Secretary.
``(D) Coordinating activities pursuant to
subparagraphs (A) and (B) of subsection (c)(3) with the
Principal Information Operations Advisor, the Chief
Information Officer of the Department, and other
officials as determined by the Secretary of Defense, to
ensure the integration of activities in support of
cyber, information, and electromagnetic spectrum
operations.
``(E) Such other matters relating to the offensive
military cyber forces of the Department as the
Secretary shall specify for the purposes of this
subsection.
``(3) Cross-functional team.--Consistent with section 911
of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 111 note), the Principal Cyber
Advisor shall--
``(A) integrate the cyber expertise and
perspectives of appropriate organizations within the
Office of the Secretary of Defense, Joint Staff,
military departments, the Defense Agencies and Field
Activities, and combatant commands, by establishing and
maintaining a full-time cross-functional team of
subject matter experts from those organizations; and
``(B) select team members, and designate a team
leader, from among those personnel nominated by the
heads of such organizations.''.
(b) Designation of Deputy Principal Cyber Advisor.--Section
905(a)(1) of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92) is amended by striking ``Under Secretary of
Defense for Policy'' and inserting ``Secretary of Defense''.
SEC. 1612. FRAMEWORK FOR CYBER HUNT FORWARD OPERATIONS.
(a) Framework Required.--Not later than February 1, 2021, the
Secretary of Defense shall develop a standard, comprehensive framework
to enhance the consistency, execution, and effectiveness of cyber hunt
forward operations.
(b) Elements.--The framework developed pursuant to subsection (a)
shall include the following:
(1) Identification of the selection criteria for proposed
hunt forward operations, including specification of necessary
thresholds for the justification of operations and thresholds
for partner cooperation.
(2) The roles and responsibilities of the following
organizations in the support of the planning and execution of
hunt forward operations:
(A) United States Cyber Command.
(B) Service cyber components.
(C) The Office of the Under Secretary of Defense
for Policy.
(D) Geographic combatant commands.
(E) Cyber Operations-Integrated Planning Elements
and Joint Cyber Centers.
(F) Embassies and consulates of the United States.
(3) Pre-deployment planning guidelines to maximize the
operational success of each unique operation, including
guidance that takes into account the highly variable nature of
the following aspects at the tactical level:
(A) Team composition, including necessary
skillsets, recommended training, and guidelines on team
size and structure.
(B) Relevant factors to determine mission duration
in a country of interest.
(C) Agreements with partner countries required pre-
deployment.
(D) Criteria for potential follow-on operations.
(E) Equipment and infrastructure required to
support the missions.
(4) Metrics to measure the effectiveness of each operation,
including means to evaluate the value of discovered malware and
infrastructure, the effect on the adversary, and the potential
for future engagements with the partner country.
(5) Roles and responsibilities for United States Cyber
Command and the National Security Agency in the analysis of
relevant mission data.
(6) Such other matters as the Secretary determines
relevant.
(c) Briefing.--
(1) In general.--Not later than March 1, 2021, the
Secretary of Defense shall provide to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a briefing on the framework
developed pursuant to subsection (a).
(2) Contents.--The briefing required by paragraph (1) shall
include the following:
(A) An overview of the framework developed in
subsection (a).
(B) An explanation of the tradeoffs associated with
the use of Department of Defense resources for hunt
forward missions in the context of competing
priorities.
(C) Such recommendations as the Secretary may have
for legislative action to improve the effectiveness of
hunt forward missions.
SEC. 1613. MODIFICATION OF SCOPE OF NOTIFICATION REQUIREMENTS FOR
SENSITIVE MILITARY CYBER OPERATIONS.
Subsection (c) of section 395 of title 10, United States Code, is
amended to read as follows:
``(c) Sensitive Military Cyber Operation Defined.--(1) In this
section, the term `sensitive military cyber operation' means an action
described in paragraph (2) that--
``(A) is carried out by the armed forces of the United
States;
``(B) is intended to achieve a cyber effect against a
foreign terrorist organization or a country, including its
armed forces and the proxy forces of that country located
elsewhere --
``(i) with which the armed forces of the United
States are not involved in hostilities (as that term is
used in section 4 of the War Powers Resolution (50
U.S.C. 1543)); or
``(ii) with respect to which the involvement of the
armed forces of the United States in hostilities has
not been acknowledged publicly by the United States;
and
``(C)(i) is determined to--
``(I) have a medium or high collateral effects
estimate;
``(II) have a medium or high intelligence gain or
loss;
``(III) have a medium or high probability of
political retaliation, as determined by the political
military assessment contained within the associated
concept of operations;
``(IV) have a medium or high probability of
detection when detection is not intended; or
``(V) result in medium or high collateral effects;
or
``(ii) is a matter the Secretary determines to be
appropriate.
``(2) The actions described in this paragraph are the following:
``(A) An offensive cyber operation.
``(B) A defensive cyber operation.''.
SEC. 1614. MODIFICATION OF REQUIREMENTS FOR QUARTERLY DEPARTMENT OF
DEFENSE CYBER OPERATIONS BRIEFINGS FOR CONGRESS.
Section 484 of title 10, United States Code, is amended by striking
subsections (a) and (b) and inserting the following new subsections:
``(a) Briefings Required.--The Under Secretary of Defense for
Policy, the Commander of United States Cyber Command, and the Chairman
of the Joint Chiefs of Staff, or designees from each of their offices,
shall provide to the congressional defense committees quarterly
briefings on all offensive and significant defensive military
operations in cyberspace, including clandestine cyber activities,
carried out by the Department of Defense during the immediately
preceding quarter.
``(b) Elements.--Each briefing under subsection (a) shall include,
with respect to the military operations in cyberspace described in such
subsection, the following:
``(1) An update, set forth separately for each applicable
geographic and functional command, that describes the
operations carried out in the area of operations of that
command or by that command.
``(2) An update, set forth for each applicable geographic
and functional command, that describes defensive cyber
operations executed to protect or defend forces, networks, and
equipment in the area of operations of that command.
``(3) An update on relevant authorities and legal issues
applicable to operations, including any presidential directives
and delegations of authority received since the last quarterly
update.
``(4) An overview of critical operational challenges posed
by major adversaries or encountered in operational activities
conducted since the last quarterly update.
``(5) An overview of the readiness of the Cyber Mission
Forces to perform assigned missions that--
``(A) addresses all of the abilities of such Forces
to conduct cyberspace operations based on capability
and capacity of personnel, equipment, training, and
equipment condition--
``(i) using both quantitative and
qualitative metrics; and
``(ii) in a way that is common to all
military departments; and
``(B) is consistent with readiness reporting
pursuant to section 482 of this title.
``(6) Any other matters that the briefers determine to be
appropriate.
``(c) Documents.--Each briefing under subsection (a) shall include
a classified placemat, summarizing the elements specified in paragraphs
(1), (2), (3), and (5) of subsection (b), and an unclassified
memorandum, summarizing the briefing's contents.''.
SEC. 1615. RATIONALIZATION AND INTEGRATION OF PARALLEL CYBERSECURITY
ARCHITECTURES AND OPERATIONS.
(a) Review Required.--The Commander of United States Cyber Command,
with support from the Chief Information Officer of the Department of
Defense, the Chief Data Officer of the Department, the Principal Cyber
Advisor, the Vice Chairman of the Joint Chiefs of Staff, and the
Director of Cost Analysis and Program Evaluation, shall conduct a
review of the Cybersecurity Service Provider and Cyber Mission Force
enterprises.
(b) Assessment and Identification of Redundancies and Gaps.--The
review required by subsection (a) shall assess and identify--
(1) the optimal way to integrate the Joint Cyber
Warfighting Architecture and the Cybersecurity Service Provider
architectures, associated tools and capabilities, and
associated concepts of operations;
(2) redundancies and gaps in network sensor deployment and
data collection and analysis for the--
(A) Big Data Platform;
(B) Joint Regional Security Stacks; and
(C) Security Information and Event Management
capabilities;
(3) where integration, collaboration, and interoperability
are not occurring that would improve outcomes;
(4) baseline training, capabilities, competencies,
operational responsibilities, and joint concepts of operations
for the Joint Force Headquarters for the Department of Defense
Information Network, Cybersecurity Service Providers, and Cyber
Protection Teams;
(5) the roles and responsibilities of the Principal Cyber
Advisor, Chief Information Officer, and the Commander of United
States Cyber Command in establishing and overseeing the
baselines assessed and identified under paragraph (4);
(6) the optimal command structure for the military
services' and combatant commands' cybersecurity service
providers and cyber protection teams;
(7) the responsibilities of network owners and
cybersecurity service providers in mapping, configuring,
instrumenting, and deploying sensors on networks to best
support response of cyber protection teams when assigned to
defend unfamiliar networks; and
(8) operational concepts and engineering changes to enhance
remote access and operations of cyber protection teams on
networks through tools and capabilities of the Cybersecurity
Service Providers.
(c) Recommendations for Fiscal Year 2023 Budget.--The Chief
Information Officer, the Chief Data Officer, the Commander of United
States Cyber Command, and the Principal Cyber Advisor shall jointly
develop recommendations for the Secretary of Defense in preparation of
the budget justification materials to be submitted to Congress in
support of the budget for the Department of Defense for fiscal year
2023 (as submitted with the budget of the President for such fiscal
year under section 1105(a) of title 31, United States Code).
(d) Progress Briefing.--Not later than March 31, 2021, the Chief
Information Officer, the Chief Data Officer, the Commander of United
States Cyber Command, and the Principal Cyber Advisor shall jointly
provide a briefing to the congressional defense committees on the
progress made in carrying out this section.
SEC. 1616. MODIFICATION OF ACQUISITION AUTHORITY OF COMMANDER OF UNITED
STATES CYBER COMMAND.
Section 807 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2224 note) is amended--
(1) by striking subsections (e) and (i); and
(2) by redesignating subsections (f) through (h) as
subsections (e) through (g), respectively.
SEC. 1617. ASSESSMENT OF CYBER OPERATIONAL PLANNING AND DECONFLICTION
POLICIES AND PROCESSES.
(a) Assessment.--Not later than November 1, 2021, the Principal
Cyber Advisor of the Department of Defense and the Commander of United
States Cyber Command shall jointly, in coordination with the Under
Secretary of Defense for Policy, the Under Secretary of Defense for
Intelligence and Security, and the Chairman of the Joint Chiefs of
Staff, conduct and complete an assessment on the operational planning
and deconfliction policies and processes that govern cyber operations
of the Department of Defense.
(b) Elements.--The assessment required by subsection (a) shall
include evaluations as to whether--
(1) the joint targeting cycle and relevant operational and
targeting databases are suitable for the conduct of timely and
well-coordinated cyber operations;
(2) each of the policies and processes in effect to
facilitate technical, operational, and capability deconfliction
are appropriate for the conduct of timely and effective cyber
operations;
(3) intelligence gain-loss decisions made by Cyber Command
are sufficiently well-informed and made in timely fashion;
(4) relevant intelligence data and products are
consistently available and distributed to relevant planning and
operational elements in Cyber Command;
(5) collection operations and priorities meet the
operational requirements of Cyber Command; and
(6) authorities relevant to intelligence, surveillance, and
reconnaissance and operational preparation of the environment
are delegated to the appropriate level.
(c) Briefing.--Not later than February 1, 2022, the Principal Cyber
Advisor and the Commander of United States Cyber Command shall provide
to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a briefing on the
findings of the assessment completed under subsection (a), including
discussion of planned policy and process changes, if any, relevant to
cyber operations.
SEC. 1618. PILOT PROGRAM ON CYBERSECURITY CAPABILITY METRICS.
(a) Pilot Program Required.--The Secretary of Defense, acting
through the Chief Information Officer of the Department of Defense and
the Commander of United States Cyber Command, shall conduct a pilot
program to assess the feasibility and advisability of developing and
using speed-based metrics to measure the performance and effectiveness
of security operations centers and cyber security service providers in
the Department of Defense.
(b) Requirements.--
(1) Development of metrics.--(A) Not later than July 1,
2021, the Chief Information Officer and the Commander shall
jointly develop metrics described in subsection (a) to carry
out the pilot program under such subsection.
(B) The Chief Information Officer and the Commander shall
ensure that the metrics developed under subparagraph (A) are
commensurate with the representative timelines of nation-state
and non-nation-state actors when gaining access to, and
compromising, Department networks.
(2) Use of metrics.--(A) Not later than December 1, 2021,
the Secretary shall, in carrying out the pilot program required
by subsection (a), begin using the metrics developed under
paragraph (1) of this subsection to assess select security
operations centers and cyber security service providers, which
the Secretary shall select specifically for purposes of the
pilot program, for a period of not less than four months.
(B) In carrying out the pilot program under subsection (a),
the Secretary shall evaluate the effectiveness of operators,
capabilities available to operators, and operators' tactics,
techniques, and procedures.
(c) Authorities.--In carrying out the pilot program under
subsection (a), the Secretary may--
(1) assess select security operations centers and cyber
security service providers--
(A) over the course of their mission performance;
or
(B) in the testing and accreditation of
cybersecurity products and services on test networks
designated pursuant to section 1658 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92); and
(2) assess select elements' use of security orchestration
and response technologies, modern endpoint security
technologies, Big Data Platform instantiations, and
technologies relevant to zero trust architectures.
(d) Briefing.--
(1) In general.--Not later than March 1, 2022, the
Secretary shall brief the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives on the findings of the Secretary with respect
to the pilot program required by subsection (a).
(2) Elements.--The briefing provided under paragraph (1)
shall include the following:
(A) The pilot metrics developed under subsection
(b)(1).
(B) The findings of the Secretary with respect to
the assessments carried out under subsection (b)(2).
(C) An analysis of the utility of speed-based
metrics in assessing security operations centers and
cyber security service providers.
(D) An analysis of the utility of the extension of
the pilot metrics to or speed-based assessment of the
Cyber Mission Forces.
(E) An assessment of the technical and procedural
measures that would be necessary to meet the speed-
based metrics developed and applied in the pilot
program.
SEC. 1619. ASSESSMENT OF EFFECT OF INCONSISTENT TIMING AND USE OF
NETWORK ADDRESS TRANSLATION IN DEPARTMENT OF DEFENSE
NETWORKS.
(a) In General.--Not later than March 1, 2021, the Chief
Information Officer of the Department of Defense shall conduct
comprehensive assessments as follows:
(1) Timing variability in department networks.--The Chief
Information Officer shall characterize--
(A) timing variability across Department
information technology and operational technology
networks, appliances, devices, applications, and
sensors that generate time-stamped data and metadata
used for cybersecurity purposes;
(B) how timing variability affects current,
planned, and potential capabilities for detecting
network intrusions that rely on correlating events and
the sequence of events; and
(C) how to harmonize standard of timing across
Department networks.
(2) Use of network address translation.--The Chief
Information Officer shall characterize--
(A) why and how the Department is using Network
Address Translation (NAT) and multiple layers and
nesting of Network Address Translation;
(B) how using Network Address Translation affects
the ability to link malicious communications detected
at various network tiers to specific endpoints or hosts
to enable prompt additional investigations, quarantine
decisions, and remediation activities; and
(C) what steps and associated cost and schedule are
necessary to eliminate the use of Network Address
Translation or to otherwise provide transparency to
network defenders, including options to accelerate the
transition from Internet Protocol version 4 to Internet
Protocol version 6.
(b) Recommendation.--The Chief Information Officer and the
Principal Cyber Advisor shall submit to the Secretary of Defense a
recommendation to address the assessments conducted under subsection
(a), including whether and how to revise the cyber strategy of the
Department.
(c) Briefing.--Not later than April 1, 2021, the Chief Information
Officer shall brief the congressional defense committees on the
findings of the Chief Information Officer with respect to the
assessments conducted under subsection (a) and the recommendation
submitted under subsection (b).
SEC. 1620. MATTERS CONCERNING THE COLLEGE OF INFORMATION AND CYBERSPACE
AT NATIONAL DEFENSE UNIVERSITY.
(a) Prohibition.--The Secretary of Defense may not eliminate,
divest, downsize, or reorganize the College of Information and
Cyberspace of the National Defense University, or seek to reduce the
number of students educated at the College, until 30 days after the
date on which the congressional defense committees receive the report
required by subsection (c).
(b) Assessment, Determination, and Review.--The Under Secretary of
Defense for Policy, in consultation with the Under Secretary of Defense
for Personnel and Readiness, the Principal Cyber Advisor, the Principal
Information Operations Advisor of the Department of Defense, the Chief
Information Officer of the Department, the Chief Financial Officer of
the Department, the Chairman of the Joint Chiefs of Staff, and the
Commander of United States Cyber Command, shall--
(1) assess requirements for joint professional military
education and civilian leader education in the information
environment and cyberspace domain to support the Department and
other national security institutions of the Federal Government;
(2) determine whether the importance, challenges, and
complexity of the modern information environment and cyberspace
domain warrant--
(A) a college at the National Defense University,
or a college independent of the National Defense
University whose leadership is responsible to the
Office of the Secretary of Defense; and
(B) the provision of resources, services, and
capacity at levels that are the same as, or decreased
or enhanced in comparison to, those resources,
services, and capacity in place at the College of
Information and Cyberspace on January 1, 2019;
(3) review the plan proposed by the National Defense
University for eliminating the College of Information and
Cyberspace and reducing and restructuring the information and
cyberspace faculty, course offerings, joint professional
military education and degree and certificate programs, and
other services provided by the College; and
(4) assess the changes made to the College of Information
and Cyberspace since January 1, 2019, and the actions necessary
to reverse those changes, including relocating the College and
its associated budget, faculty, staff, students, and facilities
outside of the National Defense University.
(c) Report Required.--Not later than February 1, 2021, the
Secretary shall submit to the congressional defense committees a report
on--
(1) the findings of the Secretary with respect to the
assessments, determination, and review conducted under
subsection (b); and
(2) such recommendations as the Secretary may have for
higher education in the information environment and cyberspace
domain.
SEC. 1621. MODIFICATION OF MISSION OF CYBER COMMAND AND ASSIGNMENT OF
CYBER OPERATIONS FORCES.
Section 167b of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by inserting ``(1)''
before ``With the advice'';
(B) in paragraph (1), as designated by subparagraph
(A), by striking the second sentence; and
(C) by adding at the end the following new
paragraph:
``(2) The principal mission of the cyber command is to direct,
synchronize, and coordinate cyber planning and operations to defend and
advance national interests in collaboration with domestic and
international partners.''; and
(2) by amending subsection (b) to read as follows:
``(b) Assignment of Forces.--(1) Active and reserve cyber forces of
the armed forces shall be assigned to the cyber command through the
Global Force Management Process, as approved by the Secretary of
Defense.
``(2) Cyber forces not assigned to cyber command remain assigned to
combatant commands or service-retained.''.
SEC. 1622. INTEGRATION OF DEPARTMENT OF DEFENSE USER ACTIVITY
MONITORING AND CYBERSECURITY.
(a) Integration of Plans, Capabilities, and Systems.--The Secretary
of Defense shall integrate the plans, capabilities, and systems for
user activity monitoring, and the plans, capabilities, and systems for
endpoint cybersecurity and the collection of metadata on network
activity for cybersecurity to enable mutual support and information
sharing.
(b) Requirements.--In carrying out subsection (a), the Secretary
shall--
(1) consider using the Big Data Platform instances that
host cybersecurity metadata for storage and analysis of all
user activity monitoring data collected across the Department
of Defense Information Network at all security classification
levels;
(2) develop policies and procedures governing access to
user activity monitoring data or data derived from user
activity monitoring by cybersecurity operators; and
(3) develop processes and capabilities for using metadata
on host and network activity for user activity monitoring in
support of the insider threat mission.
(c) Congressional Briefing.--Not later than October 1, 2021, the
Secretary shall provide a briefing to the congressional defense
committees on actions taken to carry out this section.
SEC. 1623. DEFENSE INDUSTRIAL BASE CYBERSECURITY SENSOR ARCHITECTURE
PLAN.
(a) Plan Required.--Not later than February 1, 2021, the Principal
Cyber Advisor of the Department of Defense, in consultation with the
Chief Information Officer of the Department, the Under Secretary of
Defense for Acquisition and Sustainment, the Under Secretary of Defense
for Intelligence and Security, and the Commander of United States Cyber
Command, shall develop a comprehensive plan for the deployment of
commercial-off-the-shelf solutions on supplier networks to monitor the
public-facing Internet attack surface in the defense industrial base.
(b) Contents.--The plan required by subsection (a) shall include
the following:
(1) Definition of an architecture, concept of operations,
and governance structure that--
(A) will allow for the instrumentation and
collection of cybersecurity data on the public-facing
Internet attack surfaces of defense industrial base
contractors in a manner that is compatible with the
Department's existing or future capabilities for
analysis, and instrumentation and collection, as
appropriate, of cybersecurity data within the
Department of Defense Information Network;
(B) includes the expected scale, schedule, and
guiding principles of deployment;
(C) is consistent with the defense industrial base
cybersecurity policies and programs of the Under
Secretary of Defense for Acquisition and Sustainment
and the Chief Information Officer; and
(D) includes an acquisition strategy for sensor
capabilities that optimizes required capability,
scalability, cost, and intelligence and cybersecurity
requirements.
(2) Roles and responsibilities of the persons referred to
in subsection (a) in implementing and executing the plan.
(c) Consultation.--In developing the plan required by subsection
(a), the Principal Cyber Advisor shall ensure that extensive
consultation with representative companies of the defense industrial
base occurs so as to ensure that prospective participants in the
defense industrial base understand and agree that emerging solutions
are acceptable, practical, and effective.
(d) Briefing.--Not later than March 1, 2021, the Principal Cyber
Advisor shall provide a briefing to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives on the plan developed pursuant to subsection (a).
SEC. 1624. EXTENSION OF CYBERSPACE SOLARIUM COMMISSION TO TRACK AND
ASSESS IMPLEMENTATION.
Section 1652 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232), as amended by section
1639 of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92), is further amended--
(1) in subsection (b)(1)(B)--
(A) in clause (i), by striking ``under clauses (iv)
through (vii) of subparagraph (A)'' and inserting
``under clauses (v) through (viii) of subparagraph
(A)''; and
(B) by adding at the end the following new clause:
``(iv) Effective on the date of the enactment of
the National Defense Authorization Act for Fiscal Year
2021, the composition of the Commission shall not
include clauses (i) through (iv) of subparagraph
(A).'';
(2) in subsection (d)(2), by striking ``Seven members
shall'' and inserting ``Seven members, during the period
beginning on the date of the establishment of the Commission
and ending on the day before the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2021, and
six members, during the period beginning on the date of the
enactment of such Act and ending on the date of the termination
of the Commission, shall'';
(3) in subsection (i)(1)(B)--
(A) by striking ``Members of the Commission who''
inserting ``(i) During the period beginning on the date
of the establishment of the Commission and ending on
the day before the date of the enactment of the
National Defense Authorization Act for Fiscal Year
2021, members of the Commission who''; and
(B) by adding at the end the following new clause:
``(ii) During the period beginning on the date of the
enactment of such Act and ending on the date of the termination
of the Commission, members of the Commission who are Members of
Congress shall receive no additional pay by reason of their
service on the Commission.''; and
(4) in subsection (k)(2)--
(A) in subparagraph (A), by striking ``120 day
period'' and inserting ``16 month period with no
further extensions permitted'';
(B) by amending subparagraph (B) to read as
follows:
``(B) The Commission may use the 16 month period referred
to in subparagraph (A) for the purposes of--
``(i) collecting and assessing comments and
feedback from the Federal departments and agencies, as
well as published reviews, on the analysis and
recommendations contained in the final report under
paragraph (1);
``(ii) collecting and assessing any developments in
cybersecurity that may affect the recommendations in
such report;
``(iii) reviewing the implementation of the
recommendations contained in such report; and
``(iv) revising or amending recommendations based
on the assessments and reviews conducted under clauses
(i) through (iii);
``(C) During the 16 month period referred to in
subparagraph (A), the Commission shall--
``(i) provide, in such manner and format as the
Commission considers appropriate, an annual update on
such report and any revisions or amendments reached by
the Commission under subparagraph (B)(iv) to--
``(I) the Committee on Armed Services, the
Select Committee on Intelligence, and the
Committee on Homeland Security and Governmental
Affairs of the Senate;
``(II) the Committee on Armed Services, the
Permanent Select Committee on Intelligence, and
the Committee on Homeland Security of the House
of Representatives;
``(III) the Director of National
Intelligence;
``(IV) the Secretary of Defense; and
``(V) the Secretary of Homeland Security;
and
``(ii) conclude its activities, including providing
testimony to Congress concerning the final report under
paragraph (1) and disseminating such report.''; and
(C) by adding at the end the following new
subparagraph:
``(D) In the event that the Commission is extended, and the
effective date of the extension comes after the time set for
the Commission's termination, the Commission shall be deemed
reconstituted with the same members and powers that existed at
the time of termination of the Commission, except that--
``(i) a member of the Commission shall only serve
if the member's position continues to be authorized
under subsection (b);
``(ii) no compensation or entitlements relating to
a person's status with the Commission shall be due for
the period between the termination and reconstitution
of the Commission;
``(iii) nothing in this paragraph shall be deemed
as requiring the extension or reemployment of any staff
member or contractor working for the Commission;
``(iv) the staff of the commission--
``(I) shall be selected by the co-chairs of
the Commission in accordance with subsection
(h)(1);
``(II) shall be comprised of not more than
four individuals, including a staff director;
``(III) shall be resourced in accordance
with subsection (g)(4)(A); and
``(IV) with the approval of the co-chairs,
may be provided by contract with a
nongovernmental organization;
``(v) any unexpended funds made available for the
use of the Commission shall continue to be available
for use for the life of the Commission, as well as any
additional funds appropriated to the Department of
Defense that are made available to the Commission,
provided that the total such funds does not exceed
$1,000,000 from the reconstitution of the Commission to
the completion of the Commission; and
``(vi) the requirement for an annual assessment of
the final report in subsection (l) shall be in effect
until the termination of the Commission.''.
SEC. 1625. REVIEW OF REGULATIONS AND PROMULGATION OF GUIDANCE RELATING
TO NATIONAL GUARD RESPONSES TO CYBER ATTACKS.
(a) In General.--Not later than December 31, 2021, the Secretary of
Defense, in coordination with the Secretary of Homeland Security,
shall--
(1) review and, if the Secretary determines necessary,
update regulations promulgated under section 903 of title 32,
United States Code, to clarify when and under what conditions
the participation of the National Guard in a response to a
cyber attack qualifies as a homeland defense activity that
would be compensated for by the Secretary of Defense under
section 902 of such title; and
(2) promulgate guidance on how units of the National Guard
shall collaborate with the Cybersecurity and Infrastructure
Security Agency and the Federal Bureau of Investigation through
multi-agency task forces, information-sharing groups, incident
response planning and exercises, State fusion centers, and
other relevant forums and activities.
(b) Annex of National Cyber Incident Response Plan.--Not later than
December 31, 2021, the Secretary of Homeland Security, in coordination
with the Secretary of Defense, shall develop an annex to the National
Cyber Incident Response Plan that details those regulations and
guidance reviewed, updated, and promulgated under paragraphs (1) and
(2) of subsection (a).
SEC. 1626. IMPROVEMENTS RELATING TO THE QUADRENNIAL CYBER POSTURE
REVIEW.
Section 1644(c) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91), as amended by section 1635 of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92), is further amended--
(1) by amending paragraph (1) to read as follows:
``(1) The assessment and definition of the role of cyber
forces in the national defense and military strategies of the
United States.'';
(2) by amending paragraph (2) to read as follows:
``(2) Review of the following:
``(A) The role of cyber operations in combatant
commander warfighting plans.
``(B) The ability of combatant commanders to
respond to adversary cyber attacks.
``(C) The cyber capacity-building programs of the
Department.'';
(3) by amending paragraph (3) to read as follows:
``(3) A review of the law, policies, and authorities
relating to, and necessary for, the United States to maintain a
safe, reliable, and credible cyber posture for defending
against and responding to cyber attacks and for deterrence in
cyberspace, including the following:
``(A) An assessment of the need for further
delegation of cyber-related authorities, including
those germane to information warfare, to the Commander
of United States Cyber Command.
``(B) An evaluation of the adequacy of mission
authorities for all cyber-related military components,
defense agencies, directorates, centers, and
commands.'';
(4) in paragraph (4), by striking ``A declaratory'' and
inserting ``A review of the need for or for updates to a
declaratory'';
(5) in paragraph (5), by striking ``Proposed'' and
inserting ``A review of'';
(6) by amending paragraph (6) to read as follows:
``(6) A review of a strategy to deter, degrade, or defeat
malicious cyber activity targeting the United States (which may
include activities, capability development, and operations
other than cyber activities, cyber capability development, and
cyber operations), including--
``(A) a review and assessment of various approaches
to competition and deterrence in cyberspace, determined
in consultation with experts from Government, academia,
and industry;
``(B) a comparison of the strengths and weaknesses
of the approaches identified pursuant to subparagraph
(A) relative to the threat of each other; and
``(C) an assessment as to how the cyber strategy
will inform country-specific campaign plans focused on
key leadership of Russia, China, Iran, North Korea, and
any other country the Secretary considers
appropriate.'';
(7) by striking paragraph (8) and inserting the following
new paragraph (8):
``(8) A comprehensive force structure assessment of the
Cyber Operations Forces of the Department for the posture
review period, including the following:
``(A) A determination of the appropriate size and
composition of the Cyber Mission Forces to accomplish
the mission requirements of the Department.
``(B) An assessment of the Cyber Mission Forces'
personnel, capabilities, equipment, funding,
operational concepts, and ability to execute cyber
operations in a timely fashion.
``(C) An assessment of the personnel, capabilities,
equipment, funding, and operational concepts of
Cybersecurity Service Providers and other elements of
the Cyber Operations Forces.'';
(8) by redesignating paragraphs (9) through (11) as
subsections (12) through (15), respectively; and
(9) by inserting after paragraph (8), the following new
paragraphs:
``(9) An assessment of whether the Cyber Mission Force has
the appropriate level of interoperability, integration, and
interdependence with special operations and conventional
forces.
``(10) An evaluation of the adequacy of mission authorities
for the Joint Force Provider and Joint Force Trainer
responsibilities of United States Cyber Command, including the
adequacy of the units designated as Cyber Operations Forces to
support such responsibilities.
``(11) An assessment of the missions and resourcing of the
combat support agencies in support of cyber missions of the
Department.''.
SEC. 1627. REPORT ON ENABLING UNITED STATES CYBER COMMAND RESOURCE
ALLOCATION.
(a) In General.--Not later than January 15, 2021, the Secretary of
Defense shall submit to the congressional defense committees a report
detailing the actions the Secretary will undertake to implement clauses
(ii) and (iii) of section 167b(d)(2) of title 10, United States Code,
including actions to ensure that the Commander of United States Cyber
Command has enhanced authority, direction, and control of the Cyber
Operations Forces and the equipment budget that enables Cyber
Operations Forces' operations and readiness, beginning with the budget
to be submitted to Congress by the President under section 1105(a) of
title 31, United States Code, for fiscal year 2024, and the budget
justification materials for the Department of Defense to be submitted
to Congress in support of such budget.
(b) Elements.--The report required by subsection (a) shall address
the following items:
(1) The procedures by which the Principal Cyber Advisor
(PCA) will exercise authority, direction, and oversight over
the Commander of United States Cyber Command, with respect to
Cyber Operations Forces-peculiar equipment and resources.
(2) The procedures by which the Commander of United States
Cyber Command will--
(A) prepare and submit to the Secretary program
recommendations and budget proposals for Cyber
Operations Forces and for other forces assigned to the
Cyber Command; and
(B) exercise authority, direction, and control over
the expenditure of funds for--
(i) forces assigned to United States Cyber
Command; and
(ii) Cyber Operations Forces assigned to
other unified combatant commands.
(3) Recommendations for actions to enable the Commander of
United States Cyber Command to execute the budget and
acquisition responsibilities of the Commander in excess of
currently imposed limits on the Cyber Operations Procurement
Fund, including potential increases in personnel to support the
Commander.
(4) The procedures by which the Secretary will categorize
and track funding obligated or expended for Cyber Operations
Forces-peculiar equipment and capabilities.
(5) The methodology and criteria by which the Secretary
will characterize equipment as being Cyber Operations Forces-
peculiar.
SEC. 1628. EVALUATION OF OPTIONS FOR ESTABLISHING A CYBER RESERVE
FORCE.
(a) Evaluation Required.--Not later than December 31, 2021, the
Secretary of Defense shall conduct an evaluation of options for
establishing a cyber reserve force.
(b) Elements.--The evaluation conducted under subsection (a) shall
include assessment of the following:
(1) The capabilities and deficiencies in military and
civilian personnel with needed cybersecurity expertise, and the
quantity of personnel with such expertise, within the
Department.
(2) The potential for a uniformed, civilian, or mixed cyber
reserve force to remedy shortfalls in expertise and capacity.
(3) The ability of the Department to attract the personnel
with the desired expertise to either a uniformed or civilian
cyber reserve force.
(4) The number of personnel, the level of funding, and the
composition of a cyber reserve force that would be required to
meet the needs of the Department.
(5) Alternative models for establishing a cyber reserve
force, including the following:
(A) A traditional uniformed military reserve
component.
(B) A nontraditional uniformed military reserve
component, with respect to drilling and other
requirements such as grooming and physical fitness.
(C) Nontraditional civilian cyber reserve options.
(6) The impact a uniformed military cyber reserve would
have on active duty and existing reserve forces, including the
following:
(A) Recruiting.
(B) Promotion.
(C) Retention.
(7) The effect a civilian cyber reserve would have on
active duty and existing reserve forces, and the private
sector.
(c) Report.--Not later than February 1, 2022, the Secretary shall
submit to the congressional defense committees a report on the
evaluation conducted under subsection (a).
SEC. 1629. ENSURING CYBER RESILIENCY OF NUCLEAR COMMAND AND CONTROL
SYSTEM.
(a) Plan for Implementation of Findings and Recommendations From
First Annual Assessment of Cyber Resiliency of Nuclear Command and
Control System.--Not later than October 1, 2021, the Secretary of
Defense shall submit to the congressional defense committees a
comprehensive plan, including a schedule and resourcing plan, for the
implementation of the findings and recommendations included in the
first report submitted under section 499(c)(3) of title 10, United
States Code.
(b) Concept of Operations and Oversight Mechanism for Cyber Defense
of Nuclear Command and Control System.--Not later than October 1, 2021,
the Secretary shall develop and establish--
(1) a concept of operations for defending the nuclear
command and control system against cyber attacks, including
specification of the--
(A) roles and responsibilities of relevant entities
within the Office of the Secretary, the military
services, combatant commands, the Defense Agencies, and
the Department of Defense Field Activities; and
(B) cybersecurity capabilities to be acquired and
employed and operational tactics, techniques, and
procedures, including cyber protection team and sensor
deployment strategies, to be used to monitor, defend,
and mitigate vulnerabilities in nuclear command and
control systems; and
(2) an oversight mechanism or governance model for
overseeing the implementation of the concept of operations
developed and established under paragraph (1), related
development, systems engineering, and acquisition activities
and programs, and the plan required by subsection (a),
including specification of the--
(A) roles and responsibilities of relevant entities
within the Office of the Secretary, the military
services, combatant commands, the Defense Agencies, and
the Department of Defense Field Activities in
overseeing the defense of the nuclear command and
control system against cyber attacks;
(B) responsibilities and authorities of the
Strategic Cybersecurity Program in overseeing and, as
appropriate, executing--
(i) vulnerability assessments; and
(ii) development, systems engineering, and
acquisition activities; and
(C) processes for coordination of activities,
policies, and programs relating to the cybersecurity
and defense of the nuclear command and control system.
SEC. 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.
(a) Evaluation of Cyber Vulnerabilities of Major Weapon Systems of
the Department of Defense.--
(1) In general.--Section 1647 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92), as
amended by section 1633 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92), is further
amended by adding at the end the following new subsection:
``(i) Establishing Requirements for Periodicity of Vulnerability
Reviews.--The Secretary of Defense shall establish policies and
requirements for each major weapon system, and the priority critical
infrastructure essential to the proper functioning of major weapon
systems in broader mission areas, to be re-assessed for cyber
vulnerabilities, taking into account upgrades or other modifications to
systems and changes in the threat.
``(j) Identification of Senior Official.--Each secretary of a
military department shall identify a senior official who shall be
responsible for ensuring that cyber vulnerability assessments and
mitigations for weapon systems and critical infrastructure are planned,
funded, and carried out.''.
(2) Technical correction.--Such section 1647 of the
National Defense Authorization Act for Fiscal Year 2016 is
further amended--
(A) by redesignating subsection (g) as subsection
(h); and
(B) by redesignating the second subsection (f), as
added by section 1633 of the National Defense
Authorization Act for Fiscal Year 2020, as subsection
(g).
(b) Strategic Cybersecurity Program.--Section 1640 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2224 note), is amended by striking subsections (a) through (e)
and inserting the following new subsections:
``(a) In General.--Not later than August 1, 2021, the Secretary of
Defense shall, acting through the Director of the National Security
Agency and in coordination with the Vice Chairman of the Joint Chiefs
of Staff, establish a program to be known as the `Strategic
Cybersecurity Program' (in this section referred to as the `Program').
``(b) Elements.--
``(1) In general.--The Program shall be comprised of
personnel assigned to the Program by the Secretary from among
personnel, including regular and reserve members of the Armed
Forces, civilian employees of the Department of Defense
(including the Defense intelligence agencies), and personnel of
the research laboratories of the Department of Defense and the
Department of Energy, who have particular expertise in the
areas of responsibility described in subsection (c).
``(2) Department of energy personnel.--Any personnel
assigned to the Program from among personnel of the Department
of Energy shall be so assigned with the concurrence of the
Secretary of Energy.
``(3) Program manager.--The Secretary of Defense shall
designate a manager for the Program (in this section referred
to as the `Program manager').
``(c) Responsibilities.--
``(1) In general.--The Program manager and the personnel
assigned to the Program shall improve the end-to-end
cybersecurity of all of the systems, critical infrastructure,
kill chains, and processes that make up the following military
missions of the Department of Defense:
``(A) Nuclear deterrence and strike.
``(B) Select long-range conventional strike
missions germane to the warfighting plans of United
States European Command and United States Indo-Pacific
Command.
``(C) Offensive cyber operations.
``(D) Homeland missile defense.
``(2) Assessing and remediating vulnerabilities in mission
execution.--In carrying out the activities described in
paragraph (1), the Program manager shall conduct end-to-end
vulnerability assessments and undertake or oversee remediation
of identified vulnerabilities in the systems and processes on
which the successful execution of the missions delineated in
paragraph (1) depend.
``(3) Acquisition and systems engineering review.--In
carrying out paragraph (1), the Program manager shall conduct
appropriate reviews of acquisition and systems engineering
plans for proposed systems and infrastructure. The review of an
acquisition plan for any proposed system or infrastructure
shall be carried out before Milestone B approval for such
system or infrastructure.
``(d) Integration With Other Efforts.--The Secretary shall ensure
that the Program builds upon, and does not duplicate, other efforts of
the Department of Defense relating to cybersecurity, including the
following:
``(1) The evaluation of cyber vulnerabilities of major
weapon systems of the Department of Defense required under
section 1647 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92).
``(2) The evaluation of cyber vulnerabilities of Department
of Defense critical infrastructure required under section 1650
of the National Defense Authorization Act for Fiscal year 2017
(Public Law 114-328; 10 U.S.C. 2224 note).
``(3) The activities of the cyber protection teams of the
Department of Defense.
``(e) Mission Definition.--The Vice Chairman of the Joint Chiefs of
Staff shall coordinate with the Director of the National Security
Agency and the commanders of the unified combatant commands to define
the elements of the missions that will be included in the Program, and
shall be responsible for updating those definitions as necessary.
``(f) Briefing.--Not later than December 1, 2021, the Secretary of
Defense shall provide a briefing to the congressional defense
committees on the establishment of the Program, and the plans, funding,
and staffing of the Program.''.
SEC. 1631. DEFENSE INDUSTRIAL BASE PARTICIPATION IN A CYBERSECURITY
THREAT INTELLIGENCE SHARING PROGRAM.
(a) Defense Industrial Base Threat Intelligence Program.--
(1) In general.--The Secretary of Defense shall establish a
threat intelligence sharing program to share threat
intelligence with, and obtain threat intelligence from, the
defense industrial base.
(2) Program requirements.--At a minimum, the Secretary
shall ensure that the program established pursuant to paragraph
(1) includes the following:
(A) Cybersecurity incident reporting requirements
applicable to the defense industrial base that--
(i) extend beyond mandatory incident
reporting requirements in effect on the day
before the date of the enactment of this Act;
(ii) set specific timeframes for all
categories of incident reporting;
(iii) establishes a single clearinghouse
for all mandatory incident reporting to the
Department of Defense, including incidents
involving covered unclassified information, and
classified information; and
(iv) provide that, unless authorized or
required by another provision of law or the
element of the defense industrial base making
the report consents, nonpublic information of
which the Department becomes aware only because
of a report provided pursuant to the program
shall be disseminated and used only for a
cybersecurity purpose, as defined in section
102 of the Cybersecurity Information Sharing
Act of 2015 (6 U.S.C. 1501).
(B) A mechanism for developing a shared and real-
time picture of the threat environment.
(C) Joint, collaborative, and co-located analytics.
(D) Investments in technology and capabilities to
support automated detection and analysis across the
defense industrial base.
(E) Coordinated intelligence tipping, sharing, and
deconfliction, as necessary, with relevant government
agencies with similar intelligence sharing programs.
(b) Threat Intelligence Program Participation.--
(1) Procurement.--The Secretary either may require or shall
encourage and provide incentive for companies to participate in
the threat intelligence sharing program required by subsection
(a).
(2) Implementation.--In implementing paragraph (1), the
Secretary shall--
(A) create tiers of requirements for participation
within the program based on--
(i) the role of and relative threats
related to entities within the defense
industrial base; and
(ii) Cybersecurity Maturity Model
Certification level; and
(B) prioritize available funding and technical
support to assist affected businesses, institutions,
and organizations as is reasonably necessary for those
affected entities to commence participation in the
threat intelligence sharing program and to meet any
applicable program requirements.
(c) Existing Information Sharing Programs.--The Secretary may
utilize an existing Department information sharing program to satisfy
the requirement in subsection (a) if--
(1) the existing program includes, or is modified to
include, two-way sharing of threat information that is
specifically relevant to the defense industrial base; and
(2) such a program is coordinated with other government
agencies with existing intelligence sharing programs where
overlap occurs.
(d) Regulations.--
(1) Rulemaking authority.--Not later than December 15,
2021, the Secretary shall promulgate such rules and regulations
as are necessary to carry out this section.
(2) Cybersecurity maturity model certification program
harmonization.--The Secretary shall ensure that any
intelligence sharing requirements set forth in the rules and
regulations promulgated pursuant to paragraph (1) consider an
entity's maturity and role within the defense industrial base,
consistent with the maturity certification levels established
in the Cybersecurity Maturity Model Certification program of
the Department.
(e) Community Consent.--
(1) In general.--As part of the program established
pursuant to subsection (a), the Secretary either may require
through contractual mechanisms or shall encourage entities in
the defense industrial base to consent to queries of foreign
intelligence collection databases related to the entities,
provided that intelligence information provided to companies is
handled in a manner that protects sources and methods.
(2) Rule of construction.--Nothing in this subsection shall
be construed to require that the elements of the intelligence
community conduct queries on defense industrial base companies
to detect cybersecurity threats to such companies or to require
that information resulting from such queries be provided to
such companies.
(f) Report Required.--Not later than March 1, 2022, the Secretary
shall submit to the congressional defense committees a report that
includes a description of--
(1) mandatory requirements levied on defense industrial
base entities regarding cyber incidents;
(2) Department procedures for ensuring the confidentiality
and security of data provided by such entities to the
Department on either a voluntary or mandatory basis; and
(3) any other matters regarding the program established
under subsection (a) the Secretary considers significant.
(g) Definitions.--In this section:
(1) The term ``defense industrial base'' means the
Department of Defense, Federal Government, and private sector
worldwide industrial complex with capabilities to perform
research and development, design, produce, and maintain
military weapon systems, subsystems, components, or parts to
satisfy military requirements.
(2) 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).
(3) The term ``threat intelligence'' means cybersecurity
information collected and shared amongst the defense industrial
base.
SEC. 1632. ASSESSMENT ON DEFENSE INDUSTRIAL BASE CYBERSECURITY THREAT
HUNTING.
(a) Assessment Required.--Not later than December 1, 2021, the
Secretary of Defense shall complete an assessment of--
(1) the adequacy of the threat hunting elements of the
compliance-based Cybersecurity Maturity Model Certification
program of the Department of Defense; and
(2) the need for continuous threat hunting operations on
defense industrial base networks conducted by the Department of
Defense, prime contractors, or third-party cybersecurity
vendors.
(b) Elements.--The assessment completed under section (a) shall
include evaluation of the following:
(1) The adequacy of the requirements at each level of the
Cybersecurity Maturity Model Certification, including
requirements germane to continuous monitoring, discovery, and
investigation of anomalous activity indicative of a
cybersecurity incident.
(2) The need for the establishment of a continuous threat-
hunting operational model, as a supplement to the cyber hygiene
requirements of the Cybersecurity Maturity Model Certification,
in which network activity is comprehensively and continuously
monitored for signs of compromise.
(3) Whether the continuous threat-hunting operations
described in paragraph (2) should be conducted by--
(A) United States Cyber Command;
(B) a component of the Department of Defense other
than United States Cyber Command;
(C) qualified prime contractors or subcontractors;
(D) accredited third-party cybersecurity vendors;
or
(E) a combination of the entities specified in
subparagraphs (A) through (D).
(4) Criteria for the prime contractors and subcontractors
that should be subject to continuous threat-hunting operations
as described in paragraph (2).
(c) Briefing.--Not later than February 1, 2022, the Secretary of
Defense shall provide a briefing to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives on--
(1) the findings of the Secretary with respect to the
assessment completed under subsection (a); and
(2) such implementation plans as the Secretary may have
arising out of the findings described in paragraph (1).
SEC. 1633. ASSESSING RISK TO NATIONAL SECURITY OF QUANTUM COMPUTING.
(a) Comprehensive Assessment and Recommendations Required.--Not
later than December 31, 2022, the Secretary of Defense shall--
(1) complete a comprehensive assessment of the current and
potential threats and risks posed by quantum computing
technologies to critical national security systems, including--
(A) identification and prioritization of critical
national security systems at risk;
(B) assessment of the standards of the National
Institute of Standards and Technology for quantum
resistant cryptography and their applicability to
cryptographic requirements of the Department of
Defense;
(C) feasibility of alternative quantum resistant
algorithms and features; and
(D) funding shortfalls in public and private
developmental efforts relating to quantum resistant
cryptography; and
(2) develop recommendations for research, development, and
acquisition activities, including resourcing schedules, for
securing the national security systems identified in paragraph
(1)(A) against quantum computing code-breaking capabilities.
(b) Briefing.--Not later than February 1, 2023, the Secretary shall
brief the congressional defense committees on the assessment completed
under paragraph (1) of subsection (a) and the recommendations developed
under paragraph (2) of such subsection.
SEC. 1634. APPLICABILITY OF REORIENTATION OF BIG DATA PLATFORM PROGRAM
TO DEPARTMENT OF NAVY.
(a) In General.--Section 1651 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) is amended by adding at
the end the following new subsection:
``(e) Applicability.--The requirements of this section shall apply
in full to the Department of the Navy, including the Sharkcage and
associated programs.''.
(b) Briefing.--Not later than January 1, 2021, the Secretary of the
Navy, the program manager of the Unified Platform program, the Chief
Information Officer, and the Principal Cyber Advisor shall jointly
brief the congressional defense committees on the compliance of the
Department of the Navy with the requirements of such section, as
amended by paragraph (1).
SEC. 1635. EXPANSION OF AUTHORITY FOR ACCESS AND INFORMATION RELATING
TO CYBER ATTACKS ON OPERATIONALLY CRITICAL CONTRACTORS OF
THE ARMED FORCES.
Section 391(c) of title 10, United States Code, is amended--
(1) by amending paragraph (3) to read as follows:
``(3) Armed forces assistance and access to equipment and
information by members of the armed forces.--The procedures
established pursuant to subsection (a) shall--
``(A) include mechanisms for a member of the armed
forces--
``(i) if requested by an operationally
critical contractor, to assist the contractor
in detecting and mitigating penetrations; or
``(ii) at the request of the Secretary of
Defense or the Commandant of the Coast Guard,
to obtain access to equipment or information of
an operationally critical contractor necessary
to conduct a forensic analysis, in addition to
any analysis conducted by the contractor; and
``(B) provide that an operationally critical
contractor is only required to provide access to
equipment or information as described in subparagraph
(A) to determine whether--
``(i) information created by or for the
armed forces in connection with any program of
the armed forces was successfully exfiltrated
from or compromised on a network or information
system of such contractor and, if so, what
information was exfiltrated or compromised; or
``(ii) the ability of the contractor to
provide operationally critical support has been
affected and, if so, how and to what extent it
has been affected.'';
(2) in paragraph (4), by inserting ``, so as to minimize
delays in or any curtailing of the cyber response or defensive
actions of the Department or the Coast Guard'' after ``specific
person''; and
(3) in paragraph (5)(C), by inserting ``or
counterintelligence activities'' after ``investigations''.
SEC. 1636. REQUIREMENTS FOR REVIEW OF AND LIMITATIONS ON THE JOINT
REGIONAL SECURITY STACKS ACTIVITY.
(a) Baseline Review.--Not later than October 1, 2021, the Secretary
of Defense shall undertake a baseline review of the Joint Regional
Security Stacks (JRSS) to determine whether the activity--
(1) should proceed as a program of record, with
modifications as specified in section (b), for exclusively the
Non-Classified Internet Protocol Network (NIPRNET) or for such
network and the Secret Internet Protocol Network (SIPRNET); or
(2) should be phased out across the Department of Defense
with each of the Joint Regional Security Stacks replaced
through the institution of cost-effective and capable
networking and cybersecurity technologies, architectures, and
operational concepts within five years of the date of the
enactment of this Act.
(b) Plan to Transition to Program of Record.--If the Secretary
determines under subsection (a) that the Joint Regional Security Stacks
activity should proceed, not later than October 1, 2021, the Secretary
shall develop a plan to transition such activity to a program of
record, governed by standard Department of Defense acquisition program
requirements and practices, including the following:
(1) Baseline operational requirements documentation.
(2) An acquisition strategy and baseline.
(3) A program office and responsible program manager, under
the oversight of the Under Secretary of Defense for Acquisition
and Sustainment and the Chief Information Officer of the
Department of Defense, responsible for pertinent doctrine,
organization, training, materiel, leadership and education,
personnel, facilities and policy matters, and the development
of effective tactics, techniques, and procedures;
(4) manning and training requirements documentation; and
(5) operational test planning.
(c) Limitations.--
(1) Limitation on use of funds.--None of the funds
authorized to be appropriated by this Act may be used to field
Joint Regional Security Stacks on the Secret Internet Protocol
Network in fiscal year 2021.
(2) Limitation on operational deployment.--The Secretary
may not conduct an operational deployment of Joint Regional
Security Stacks to the Secret Internet Protocol Network in
fiscal year 2021.
(d) Submittal to Congress.--Not later than December 1, 2021, the
Secretary shall submit to the congressional defense committees--
(1) the findings of the Secretary with respect to the
baseline review conducted under subsection (a);
(2) the plan developed under subsection (b), if any; and
(3) a proposal for the replacement of Joint Regional
Security Stacks, if the Secretary determines under subsection
(a) that it should be replaced.
SEC. 1637. INDEPENDENT ASSESSMENT OF ESTABLISHMENT OF A NATIONAL CYBER
DIRECTOR.
(a) Assessment.--Not later than December 1, 2020, the Secretary of
Defense, in coordination with the Secretary of Homeland Security, shall
seek to enter into an agreement with an independent organization with
relevant expertise in cyber policy and governmental organization to
conduct and complete an assessment of the feasibility and advisability
of establishing a National Cyber Director.
(b) Elements.--The assessment required under subsection (a) shall
include a review of and development of recommendations germane to the
following, including the development of proposed legislative text for
the establishment of a National Cyber Director:
(1) The authorities necessary to bring capabilities and
capacities together across the interagency, all levels of
government, and the private sector.
(2) A definition of the roles of the National Cyber
Director in planning, preparing, and directing integrated cyber
operations in response to a major cyber attack on the United
States, including intelligence operations, law enforcement
actions, cyber effects operations, defensive operations, and
incident response operations.
(3) The authorities necessary to align resources to cyber
priorities.
(4) The structure of the office of the National Cyber
Director and position within government.
(c) Report.--
(1) In general.--Not later than March 1, 2021, the
Secretary of Defense shall submit to the appropriate committees
of Congress a report on--
(A) the findings of the independent organization
with respect to the assessment carried out under
subsection (a); and
(B) the recommendations developed as part of such
assessment under subsection (b).
(2) Form.--The report submitted under paragraph (1) shall
be submitted in a publicly releasable and unclassified format,
but may include a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
SEC. 1638. MODIFICATION OF AUTHORITY TO USE OPERATION AND MAINTENANCE
FUNDS FOR CYBER OPERATIONS-PECULIAR CAPABILITY
DEVELOPMENT PROJECTS.
(a) In General.--Section 1640 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) is amended--
(1) by redsignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) in subsection (a)--
(A) by striking ``The Secretary of Defense'' and
inserting ``Subject to subsection (b), the Commander of
the United States Cyber Command'';
(B) by striking ``per service'' and inserting ``per
use''; and
(C) by striking ``through 2022'' and inserting
``through 2025''; and
(3) by inserting after subsection (a) the following:
``(b) Limitation.--(1) Each fiscal year, the Secretaries of the
military departments concerned may each obligate and expend under
subsection (a) not more than $20,000,000.
``(2) Each fiscal year, the Commander of the United States Cyber
Command may obligate and expend under subsection (a) not more than
$6,000,000.''.
(b) Conforming Amendment.--Subsection (c) of such section is
amended by striking ``through 2022'' and inserting ``through 2025''.
SEC. 1639. PERSONNEL MANAGEMENT AUTHORITY FOR COMMANDER OF UNITED
STATES CYBER COMMAND AND DEVELOPMENT PROGRAM FOR
OFFENSIVE CYBER OPERATIONS.
(a) Personnel Management Authority for Commander of United States
Cyber Command to Attract Experts in Science and Engineering.--Section
1599h of title 10, United States Code, as amended by section 212 of
National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92)), is further amended--
(1) in subsection (a), by adding at the end the following:
``(7) United states cyber command.--The Commander of United
States Cyber Command may carry out a program of personnel
management authority provided in subsection (b) in order to
facilitate the recruitment of eminent experts in computer
science, data science, engineering, mathematics, and computer
network exploitation within the headquarters of United States
Cyber Command and the Cyber National Mission Force.''; and
(2) in subsection (b)(1)--
(A) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (F), by striking the semicolon
and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(G) in the case of United States Cyber Command,
appoint computer scientists, data scientists,
engineers, mathematicians, and computer network
exploitation specialists to a total of not more than 10
scientific and engineering positions in the Command;''.
(b) Program to Develop Accesses, Discover Vulnerabilities, and
Engineer Cyber Tools and Develop Tactics, Techniques, and Procedures
for Offensive Cyber Operations.--
(1) In general.--Pursuant to the authority provided under
section 1599h(a)(7) of such title, as added by subsection (a),
the Commander of United States Cyber Command shall establish a
program or augment an existing program within the Command to
develop accesses, discover vulnerabilities, and engineer cyber
tools and develop tactics, techniques, and procedures for the
use of these assets and capabilities in offensive cyber
operations.
(2) Elements.--The program or augmented program required by
paragraph (1) shall--
(A) develop accesses, tools, vulnerabilities, and
tactics, techniques, and procedures fit for Department
of Defense military operations in cyberspace, such as
reliability, meeting short development and operational
timelines, low cost, and expendability;
(B) aim to decrease the reliance of Cyber Command
on accesses, tools, and expertise provided by the
intelligence community;
(C) be designed to provide technical and
operational expertise on par with that of programs of
the intelligence community;
(D) enable the Commander to attract and retain
expertise resident in the private sector and other
technologically elite government organizations; and
(E) coordinate development activities with, and, as
appropriate, facilitate transition of capabilities
from, the Defense Advanced Research Projects Agency,
the Strategic Capabilities Office, and components
within the intelligence community.
(3) Intelligence community defined.--In this subsection,
the term ``intelligence community'' has the meaning given such
term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
SEC. 1640. IMPLEMENTATION OF INFORMATION OPERATIONS MATTERS.
Of the amounts authorized to be appropriated for fiscal year 2021
by section 301 for operation and maintenance and available for the
Office of the Secretary of Defense for the travel of persons as
specified in the table in section 4301--
(1) not more than 25 percent shall be available until the
date on which the report required by subsection (h)(1) of
section 1631 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is submitted to the
Committee on Armed Services of the Senate and the Committee on
Armed Services House of Representatives; and
(2) not more than 75 percent shall be available until the
date on which the strategy and posture review required by
subsection (g) of such section is submitted to such committees.
SEC. 1641. REPORT ON CYBER INSTITUTES PROGRAM.
Section 1640 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2310; 10 U.S.C.
2200 note) is amended by adding at the end the following:
``(g) Report to Congress.--Not later than September 30, 2021, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the
effectiveness of the Cyber Institutes and on opportunities to expand
the Cyber Institutes to additional select institutions of higher
learning that have a Reserve Officers' Training Corps program.''.
SEC. 1642. ASSISTANCE FOR SMALL MANUFACTURERS IN THE DEFENSE INDUSTRIAL
SUPPLY CHAIN ON MATTERS RELATING TO CYBERSECURITY.
(a) In General.--Subject to the availability of appropriations, the
Secretary of Defense, in consultation with the Director of the National
Institute of Standards and Technology, may award financial assistance
to a Center for the purpose of providing cybersecurity services to
small manufacturers.
(b) Criteria.--The Secretary, in consultation with the Director,
shall establish and publish on the grants.gov website, or successor
website, criteria for selecting recipients for financial assistance
under this section.
(c) Use of Financial Assistance.--Financial assistance under this
section--
(1) shall be used by a Center to provide small
manufacturers with cybersecurity services relating to--
(A) compliance with the cybersecurity requirements
of the Department of Defense Supplement to the Federal
Acquisition Regulation, including awareness,
assessment, evaluation, preparation, and implementation
of cybersecurity services; and
(B) achieving compliance with the Cybersecurity
Maturity Model Certification framework of the
Department of Defense; and
(2) may be used by a Center to employ trained personnel to
deliver cybersecurity services to small manufacturers.
(d) Biennial Reports.--
(1) In general.--Not less frequently than once every two
years, the Secretary shall submit to the congressional defense
committees, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Science,
Space, and Technology of the House of Representatives a
biennial report on financial assistance awarded under this
section.
(2) Contents.--To the extent practicable, each report
submitted under paragraph (1) shall include the following with
respect to the years covered by the report:
(A) The number of small manufacturing companies
assisted.
(B) A description of the cybersecurity services
provided.
(C) A description of the cybersecurity matters
addressed.
(D) An analysis of the operational effectiveness
and cost-effectiveness of the cybersecurity services
provided.
(e) Termination.--The authority of the Secretary to award of
financial assistance under this section shall terminate on the date
that is five years after the date of the enactment of this Act.
(f) Definitions.--In this section:
(1) The term ``Center'' has the meaning given such term in
section 25(a) of the National Institute of Standards and
Technology Act (15 U.S.C. 278k(a)).
(2) The term ``small manufacturer'' has the meaning given
that term in section 1644(g) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 10 U.S.C. 2224 note).
SEC. 1643. STUDY ON CYBEREXPLOITATION OF MEMBERS OF THE ARMED FORCES
AND THEIR FAMILIES.
(a) Study Required.--Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense shall complete a study
on the cyberexploitation of the personal information and accounts of
members of the Armed Forces and their families.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) An intelligence assessment of the threat currently
posed by foreign government and non-state actor
cyberexploitation of members of the Armed Forces and their
families, including generalized assessments as to whether
cyberexploitation of members of the Armed Forces and their
families is a substantial threat as compared to other means of
information warfare and as to whether cyberexploitation of
members of the Armed Forces and their families is an increasing
threat.
(2) Case-study analysis of three known occurrences of
attempted cyberexploitation against members of the Armed Forces
and their families, including assessments of the vulnerability
and the ultimate consequences of the attempted
cyberexploitation.
(3) A description of the actions taken by the Department of
Defense to educate members of the Armed Forces and their
families, including particularly vulnerable subpopulations,
about any actions that can be taken to reduce these threats.
(4) An intelligence assessment of the threat posed by
foreign government and non-state actor creation and use of deep
fakes featuring members of the Armed Forces or their families,
including generalized assessments of the maturity of the
technology used in the creation of deep fakes and as to how
deep fakes have been used or might be used to conduct
information warfare.
(5) Development of recommendations for policy changes to
reduce the vulnerability of members of the Armed Forces and
their families to cyberexploitation, including recommendations
for legislative or administrative action.
(c) Report.--
(1) In general.--The Secretary shall submit to the
congressional defense committees a report on the findings of
the Secretary with respect to the study required by subsection
(a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) The term ``cyberexploitation'' means the use of digital
means to knowingly access, or conspire to access, without
authorization, an individual's personal information to be
employed (or to be used) with malicious intent.
(2) The term ``deep fake'' means the digital insertion of a
person's likeness into or digital alteration of a person's
likeness in visual media, such as photographs and videos,
without the person's permission and with malicious intent.
Subtitle C--Nuclear Forces
SEC. 1651. MODIFICATION TO RESPONSIBILITIES OF NUCLEAR WEAPONS COUNCIL.
Section 179(d) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (9) through (12) as
paragraphs (10) through (13), respectively; and
(2) by inserting after paragraph (8) the following new
paragraph (9):
``(9) Reviewing proposed capabilities, and establishing and
validating performance requirements (as defined in section
181(h) of this title), for nuclear warhead programs.''.
SEC. 1652. RESPONSIBILITY OF NUCLEAR WEAPONS COUNCIL IN PREPARATION OF
NATIONAL NUCLEAR SECURITY ADMINISTRATION BUDGET.
Paragraph (11) of section 179(d) of title 10, United States Code,
as redesignated by section 1651, is further amended to read as follows:
``(11) As part of the planning, programming, budgeting, and
execution process of the National Nuclear Security
Administration--
``(A) providing guidance with respect to the
development of the annual budget proposals of the
Administration under section 3255 of the National
Nuclear Security Administration Act;
``(B) reviewing the adequacy of such proposals
under section 4717 of the Atomic Energy Defense Act;
and
``(C) preparing, coordinating, and approving such
proposals, including before such proposals are
submitted to--
``(i) the Secretary of Energy;
``(ii) the Director of the Office of
Management and Budget;
``(iii) the President; or
``(iv) Congress (as submitted with the
budget of the President under section 1105(a)
of title 31).''.
SEC. 1653. MODIFICATION OF GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF
ANNUAL REPORTS ON NUCLEAR WEAPONS ENTERPRISE.
Section 492a(c) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``review each report''
and inserting ``periodically review reports submitted''; and
(2) in paragraph (2), by striking ``not later'' and all
that follows through ``submitted,''.
SEC. 1654. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act for fiscal year 2021
for the Department of Defense may be obligated or expended for the
following, and the Department may not otherwise take any action to do
the following:
(1) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the
United States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
SEC. 1655. SENSE OF THE SENATE ON NUCLEAR COOPERATION BETWEEN THE
UNITED STATES AND THE UNITED KINGDOM.
It is the sense of the Senate that--
(1) the North Atlantic Treaty Organization (NATO) continues
to play an essential role in the national security of the
United States and the independent nuclear deterrents of other
NATO members, such as the United Kingdom, have helped
underwrite peace and security;
(2) the nuclear programs of the United States and the
United Kingdom have enjoyed significant collaborative benefits
as a result of the cooperative relationship formalized in the
Agreement for Cooperation on the Uses of Atomic Energy for
Mutual Defense Purposes, signed at Washington July 3, 1958, and
entered into force August 4, 1958 (9 UST 1028), between the
United States and the United Kingdom (commonly referred to as
the ``Mutual Defense Agreement'');
(3) the unique partnership between the United States and
the United Kingdom has enhanced sovereign military and
scientific capabilities, strengthened bilateral ties, and
shared costs, particularly on such programs as the Trident II
D-5 weapons system and the common missile compartment for the
future Dreadnought and Columbia classes of submarines;
(4) additionally, the extension of the nuclear deterrence
commitments of the United Kingdom to members of the NATO
alliance strengthens collective security while reducing the
burden placed on United States nuclear forces to deter
potential adversaries and assure allies of the United States
and the United Kingdom;
(5) as the international security environment deteriorates
and potential adversaries expand and enhance their nuclear
forces, the extended deterrence commitments of the United
Kingdom play an increasingly important role in supporting the
security interests of the United States and allies of the
United States and the United Kingdom;
(6) it is in the national security interest of the United
States to support the United Kingdom with respect to the
decision of the Government of the United Kingdom to maintain
its nuclear deterrent until global security conditions warrant
its elimination;
(7) as the United States must modernize its aging nuclear
forces to ensure its ability to continue to field a nuclear
deterrent that is safe, secure, and effective, the United
Kingdom faces a similar challenge;
(8) bilateral cooperation on the parallel development of
the W93/Mk7 warhead of the United States and the replacement
warhead of the United Kingdom, as well as associated
components, will allow the United States and the United Kingdom
to responsibly address challenges within their legacy nuclear
forces in a cost-effective manner that--
(A) preserves independent, sovereign control;
(B) is consistent with each country's obligations
under the Treaty on the Non-Proliferation of Nuclear
Weapons, done at Washington, London, and Moscow July 1,
1968 (21 UST 483) (commonly referred to as the
``Nuclear Non-Proliferation Treaty''); and
(C) supports nonproliferation objectives; and
(9) continued cooperation between the nuclear programs of
United States and the United Kingdom, including through the
W93/Mk7 program, is essential to ensuring that the NATO
alliance continues to be supported by credible nuclear forces
capable of preserving peace, preventing coercion, and deterring
aggression.
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.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2021 for procurement,
Defense-wide, and available for the Missile Defense Agency, not
more than $73,000,000 may be provided to the Government of
Israel to procure components for the Iron Dome short-range
rocket defense system through co-production of such components
in the United States by industry of the United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1)
for the Iron Dome short-range rocket defense program
shall be available subject to the terms and conditions
in the Agreement Between the Department of Defense of
the United States of America and the Ministry of
Defense of the State of Israel Concerning Iron Dome
Defense System Procurement, signed on March 5, 2014, as
amended to include co-production for Tamir
interceptors.
(B) Certification.--Not later than 30 days prior to
the initial obligation of funds described in paragraph
(1), the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the appropriate
congressional committees--
(i) a certification that the amended
bilateral international agreement specified in
subparagraph (A) is being implemented as
provided in such agreement;
(ii) an assessment detailing any risks
relating to the implementation of such
agreement; and
(iii) for system improvements resulting in
modified Iron Dome components and Tamir
interceptor sub-components, a certification
that the Government of Israel has demonstrated
successful completion of Production Readiness
Reviews, including the validation of production
lines, the verification of component
conformance, and the verification of
performance to specification as defined in the
Iron Dome Defense System Procurement Agreement,
as further amended.
(b) Israeli Cooperative Missile Defense Program, David's Sling
Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2021 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $50,000,000 may be provided to the
Government of Israel to procure the David's Sling Weapon
System, including for co-production of parts and components in
the United States by United States industry.
(2) Agreement.--Provision of funds specified in paragraph
(1) shall be subject to the terms and conditions in the
bilateral co-production agreement, including--
(A) a one-for-one cash match is made by Israel or
in another matching amount that otherwise meets best
efforts (as mutually agreed to by the United States and
Israel); and
(B) co-production of parts, components, and all-up
rounds (if appropriate) in the United States by United
States industry for the David's Sling Weapon System is
not less than 50 percent.
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel
has demonstrated the successful completion of the
knowledge points, technical milestones, and production
readiness reviews required by the research,
development, and technology agreement and the bilateral
co-production agreement for the David's Sling Weapon
System; and
(B) an assessment detailing any risks relating to
the implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier
Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2021 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $77,000,000 may be provided to the
Government of Israel for the Arrow 3 Upper Tier Interceptor
Program, including for co-production of parts and components in
the United States by United States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points,
technical milestones, and production readiness reviews
required by the research, development, and technology
agreement for the Arrow 3 Upper Tier Interceptor
Program;
(B) funds specified in paragraph (1) will be
provided on the basis of a one-for-one cash match made
by Israel or in another matching amount that otherwise
meets best efforts (as mutually agreed to by the United
States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes,
with respect to the use of such funds--
(i) in accordance with subparagraph (D),
the terms of co-production of parts and
components on the basis of the greatest
practicable co-production of parts, components,
and all-up rounds (if appropriate) by United
States industry and minimizes nonrecurring
engineering and facilitization expenses to the
costs needed for co-production;
(ii) complete transparency on the
requirement of Israel for the number of
interceptors and batteries that will be
procured, including with respect to the
procurement plans, acquisition strategy, and
funding profiles of Israel;
(iii) technical milestones for co-
production of parts and components and
procurement;
(iv) a joint affordability working group to
consider cost reduction initiatives; and
(v) joint approval processes for third-
party sales; and
(D) the level of co-production described in
subparagraph (C)(i) for the Arrow 3 Upper Tier
Interceptor Program is not less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection (b) and
paragraph (2) of subsection (c), the Under Secretary may submit--
(1) one certification covering both the David's Sling
Weapon System and the Arrow 3 Upper Tier Interceptor Program;
or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the congressional
defense committees the certification and assessment under subsection
(b)(3) and the certification under subsection (c)(2) no later than 30
days before the funds specified in paragraph (1) of subsections (b) and
(c) for the respective system covered by the certification are provided
to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1662. ACCELERATION OF THE DEPLOYMENT OF HYPERSONIC AND BALLISTIC
TRACKING SPACE SENSOR PAYLOAD.
(a) Primary Responsibility for Development and Deployment of
Hypersonic and Ballistic Tracking Space Sensor Payload.--
(1) In general.--Not later than 15 days after the date of
the enactment of this Act, the Secretary shall--
(A) assign the Director of the Missile Defense
Agency with the principal responsibility for the
development and deployment of a hypersonic and
ballistic tracking space sensor payload through the end
of fiscal year 2022; and
(B) submit to the congressional defense committees
certification of such assignment.
(2) Transition.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees--
(A) a determination regarding whether
responsibility for a hypersonic and ballistic tracking
space sensor payload should be transitioned to the
United States Space Force at the end of fiscal year
2022 or later; and
(B) if the Secretary so determines, a plan for
transition of primary responsibility that minimizes
disruption to the program and provides for sufficient
funding as described in subsection (b)(1).
(b) Certification Regarding Funding of Hypersonic and Ballistic
Tracking Space Sensor Program.--
(1) In general.--At the same time that the President
submits to Congress pursuant to section 1105 of title 31,
United States Code, the annual budget request of the President
for fiscal year 2022, the Under Secretary of Defense
Comptroller and the Director for Cost Assessment and Program
Evaluation shall jointly submit to the congressional defense
committees a certification as to whether the hypersonic and
ballistic tracking space sensor program is sufficiently funded
in the future-years defense program.
(2) Funding limitation.--Of the funds authorized to be
appropriated by this Act for fiscal year 2021 under the
Operations and Maintenance, Defense-Wide, account for the
Office of Secretary of Defense travel of persons assigned to
the Office of the Under Secretary of Defense for Research and
Engineering, not more than 50 percent of such funds may be
obligated or expended until the certification required by
paragraph (1) is submitted under such paragraph.
(c) Deployment Deadline.--Section 1683(a) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C.
2431 note) is amended--
(1) by striking ``(a) In General.--'' and inserting the
following:
``(a) Development, Testing, and Deployment.--
``(1) Development.--''; and
(2) by adding at the end the following new paragraphs:
``(2) Testing and deployment.--The Director shall begin on-
orbit testing of a hypersonic and ballistic tracking space
sensor no later than December 31, 2022, with full operational
deployment as soon as technically feasible thereafter.
``(3) Waiver.--The Secretary of Defense may waive the
deadline for testing specified in paragraph (2) if the
Secretary submits to the congressional defense committees a
report containing--
``(A) the explanation why the Secretary cannot meet
such deadline;
``(B) the technical risks and estimated cost of
accelerating the program to attempt to meet such
deadline;
``(C) an assessment of threat systems that could
not be detected or tracked persistently due to waiving
such deadline; and
``(D) a plan, including a timeline, for beginning
the required testing.''.
(d) Assessment and Report.--Not later than 120 days after the date
of the enactment of this Act, the Chair of the Joint Requirements
Oversight Council established under section 181 of title 10, United
States Code, shall--
(1) complete an assessment on whether all efforts being
made by the Missile Defense Agency, the Defense Advanced
Research Projects Agency, the Air Force, and the Space
Development Agency relating to space-based sensing and tracking
capabilities for missile defense are aligned with the
requirements of United States Strategic Command, United States
Northern Command, United States European Command, and United
States Indo-Pacific Command for missile tracking and missile
warning that have been validated by the Joint Requirements
Oversight Council; and
(2) submit to the congressional defense committees a report
on the findings of the Chair with respect to the assessment
conducted under paragraph (1).
SEC. 1663. EXTENSION OF PROHIBITION RELATING TO MISSILE DEFENSE
INFORMATION AND SYSTEMS.
Section 130h(e) of title 10, United States Code, is amended by
striking ``January 1, 2021'' and inserting ``January 1, 2026''.
SEC. 1664. REPORT ON AND LIMITATION ON EXPENDITURE OF FUNDS FOR LAYERED
HOMELAND MISSILE DEFENSE SYSTEM.
(a) Report Required.--
(1) In general.--Not later than March 1, 2021, the Director
of the Missile Defense Agency shall submit to the congressional
defense committees a report on the proposal for a layered
homeland missile defense system included in the budget
justification materials submitted to Congress in support of the
budget for the Department of Defense for fiscal year 2021 (as
submitted with the budget of the President for such year under
section 1105(a) of title 31, United States Code).
(2) Elements required.--The report required by paragraph
(1) shall include the following:
(A) A description of the approved requirements for
a layered homeland missile defense system, based on an
assessment by the intelligence community of threats to
be addressed at the time of deployment of such a
system.
(B) An assessment of how such requirements
addressed by a layered homeland missile defense system
relate to those addressed by the existing ground-based
midcourse defense system, including deployed ground-
based interceptors and planned upgrades to such ground-
based interceptors.
(C) An analysis of interceptor solutions to meet
such requirements, to include land-based Standard
Missile 3 (SM-3) Block IIA interceptor systems and the
Terminal High Altitude Area Defense (THAAD) system,
with the number of locations required for deployment
and the production numbers of interceptors and related
sensors.
(D) A site-specific fielding plan that includes
possible locations, the number and type of interceptors
and radars in each location, and any associated
environmental or permitting considerations, including
an assessment of the locations evaluated pursuant to
section 227(b) of the National Defense Authorization
Act for Fiscal Year 2013 (126 Stat. 1679; Public Law
112-239) for inclusion in the layered homeland missile
defense system.
(E) Relevant policy considerations for deployment
of such systems for defense against intercontinental
ballistic missiles in the continental United States.
(F) A cost estimate and schedule for options
involving a land-based Standard Missile 3 Block IIA
interceptor system and the Terminal High Altitude Area
Defense system, including required environmental
assessments.
(G) A feasibility assessment of the necessary
modifications to the Terminal High Altitude Area
Defense system to address such requirements.
(H) An assessment of the industrial base capacity
to support additional production of either a land-based
Standard Missile 3 Block IIA interceptor system or the
Terminal High Altitude Area Defense system.
(3) Consultation.--In preparing the report required by
paragraph (1), the Director shall consult with the following:
(A) The Under Secretary of Defense for Policy.
(B) The Under Secretary of Defense for Acquisition
and Sustainment.
(C) The Vice Chairman of the Joint Chiefs of Staff,
in Vice Chairman's capacity as the Chair of the Joint
Requirements Oversight Council.
(D) The Commander, United States Strategic Command.
(E) The Commander, United States Northern Command.
(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 the Missile Defense Agency for the purposes of a layered homeland
missile defense system may be obligated or expended until the Director
submits to the congressional defense committees the report required by
subsection (a).
(c) Intelligence Community Defined.--In this section, the term
``intelligence community'' has the meaning given such term in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
SEC. 1665. EXTENSION OF REQUIREMENT FOR COMPTROLLER GENERAL REVIEW AND
ASSESSMENT OF MISSILE DEFENSE ACQUISITION PROGRAMS.
Section 232(a) of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81) is amended--
(1) in paragraph (1), by striking ``through 2020'' and
inserting ``through 2025'';
(2) in paragraph (2)--
(A) by striking ``through 2021'' and inserting
``through 2026''; and
(B) by striking ``year. Each'' and all that follows
through ``appropriate.'' and insert the following: ``,
which shall include such findings and recommendations
as the Comptroller General considers appropriate.'';
and
(3) by adding at the end the following new subsection:
``(3) Review of emerging issues.--In carrying out this
subsection, as the Comptroller General determines is warranted,
the Comptroller General shall review emerging issues and, in
consultation with the congressional defense committees, brief
such committees or submit to such committees a report on the
findings of the Comptroller General with respect to such
review.''.
SEC. 1666. REPEAL OF REQUIREMENT FOR REPORTING STRUCTURE OF MISSILE
DEFENSE AGENCY.
Section 205 of title 10, United States Code, is amended to read as
follows:
``Sec. 205. Missile Defense Agency
``The Director of the Missile Defense Agency shall be appointed for
a six-year term.''.
SEC. 1667. GROUND-BASED MIDCOURSE DEFENSE INTERIM CAPABILITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the nuclear and ballistic missile threats from rogue
nations are increasing; and
(2) the Department of Defense should fully assess
development of an interim ground-based missile defense
capability while also pursuing the development of a next
generation interceptor capability.
(b) Interim Ground-based Interceptor.--
(1) Development.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Director of the Missile Defense Agency and in
coordination with the Under Secretary of Defense for
Acquisition and Sustainment, the Commander of the United States
Northern Command, and the Commander of the United States
Strategic Command, shall commence carrying out a program to
develop an interim ground-based interceptor capability that
will--
(A) use sound acquisition practices;
(B) address the majority of current and near- to
mid-term projected ballistic missile threats to the
United States homeland from rogue nations;
(C) at minimum, meet the proposed capabilities of
the Redesigned Kill Vehicle program;
(D) leverage existing kill vehicle and booster
technology; and
(E) appropriately balance interceptor performance
with schedule of delivery.
(2) Deployment.--The Secretary of Defense, acting through
the Director of the Missile Defense Agency and in coordination
with the Under Secretary of Defense for Acquisition and
Sustainment, the Commander of the United States Northern
Command, and the Commander of the United States Strategic
Command, shall--
(A) conduct rigorous flight testing of the interim
ground-based interceptor; and
(B) deliver 20 new ground-based interceptors by
2026.
(3) Waiver authority.--(A) The Secretary of Defense may
waive the requirements under paragraphs (1) and (2) if the
Secretary certifies to the congressional defense committees
that--
(i) the technology development is not technically
feasible;
(ii) the interim capability development is not in
the national security interest of the United States; or
(iii) the next generation interceptor for the
ground-based midcourse defense system can deliver
capability before the program otherwise required by
this subsection.
(B) If the Secretary chooses to waive the requirements
under paragraphs (1) and (2), the Secretary shall submit to the
congressional defense committees along with the certification
required by subparagraph (A) of this paragraph--
(i) an explanation of the rationale for the
decision;
(ii) an estimate of projected rogue nation threats
to the United States homeland that will not be defended
against until the fielding of the next generation
interceptor for the ground-based midcourse defense
system; and
(iii) an updated schedule for development and
deployment of the next generation interceptor.
(C) The Secretary may not delegate the certification
described in subparagraphs (A) and (B) unless the Secretary is
recused, in which case the Secretary may delegate such
certification to the Deputy Secretary of Defense.
(c) Capabilities and Criteria.--The Director shall ensure that the
interim ground-based interceptor developed under subsection (c)(1)
meets, at a minimum, the following capabilities and criteria:
(1) Vehicle-to-vehicle communications, as applicable.
(2) Vehicle-to-ground communications.
(3) Kill assessment capability.
(4) The ability to counter advanced counter measures,
decoys, and penetration aids.
(5) Producibility and manufacturability.
(6) Use of technology involving high technology readiness
levels.
(7) Options to integrate the new kill vehicle onto other
missile defense interceptor vehicles other than the ground-
based interceptors of the ground-based midcourse defense
system.
(8) Sound acquisition processes.
(d) Report on Funding Profile.--The Director shall include with the
budget justification materials submitted to Congress in support of the
budget of the Department of Defense for fiscal year 2022 (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code) a report on the funding profile necessary for the
interim ground-based interceptor program to meet the objectives under
subsection (c).
TITLE XVII--HONG KONG AUTONOMY ACT
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Hong Kong Autonomy Act''.
SEC. 1702. DEFINITIONS.
In this title:
(1) Alien; national; national of the united states.--The
terms ``alien'', ``national'', and ``national of the United
States'' have the meanings given those terms in section 101 of
the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the Committee on Armed Services, the Committee
on Banking, Housing, and Urban Affairs, the Committee
on Foreign Relations, the Committee on Homeland
Security and Governmental Affairs, the Committee on the
Judiciary, the Select Committee on Intelligence, and
the majority leader and the minority leader of the
Senate; and
(B) the Committee on Armed Services, the Committee
on Financial Services, the Committee on Foreign
Affairs, the Committee on Homeland Security, the
Committee on the Judiciary, the Permanent Select
Committee on Intelligence, and the Speaker and the
minority leader of the House of Representatives.
(3) Basic law.--The term ``Basic Law'' means the Basic Law
of the Hong Kong Special Administrative Region of the People's
Republic of China.
(4) China.--The term ``China'' means the People's Republic
of China.
(5) Entity.--The term ``entity'' means a partnership, joint
venture, association, corporation, organization, network,
group, or subgroup, or any other form of business
collaboration.
(6) Financial institution.--The term ``financial
institution'' means a financial institution specified in
section 5312(a)(2) of title 31, United States Code.
(7) Hong kong.--The term ``Hong Kong'' means the Hong Kong
Special Administrative Region of the People's Republic of
China.
(8) Joint declaration.--The term ``Joint Declaration''
means the Joint Declaration of the Government of the United
Kingdom of Great Britain and Northern Ireland and the
Government of the People's Republic of China on the Question of
Hong Kong, done at Beijing on December 19, 1984.
(9) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge of the conduct, the circumstance, or the
result.
(10) Person.--The term ``person'' means an individual or
entity.
(11) United states person.--The term ``United States
person'' means--
(A) any citizen or national of the United States;
(B) any alien lawfully admitted for permanent
residence in the United States;
(C) any entity organized under the laws of the
United States or any jurisdiction within the United
States (including a foreign branch of such an entity);
or
(D) any person located in the United States.
SEC. 1703. FINDINGS.
Congress makes the following findings:
(1) The Joint Declaration and the Basic Law clarify certain
obligations and promises that the Government of China has made
with respect to the future of Hong Kong.
(2) The obligations of the Government of China under the
Joint Declaration were codified in a legally-binding treaty,
signed by the Government of the United Kingdom of Great Britain
and Northern Ireland and registered with the United Nations.
(3) The obligations of the Government of China under the
Basic Law originate from the Joint Declaration, were passed
into the domestic law of China by the National People's
Congress, and are widely considered by citizens of Hong Kong as
part of the de facto legal constitution of Hong Kong.
(4) Foremost among the obligations of the Government of
China to Hong Kong is the promise that, pursuant to Paragraph
3b of the Joint Declaration, ``the Hong Kong Special
Administrative Region will enjoy a high degree of autonomy,
except in foreign and defence affairs which are the
responsibilities of the Central People's Government''.
(5) The obligation specified in Paragraph 3b of the Joint
Declaration is referenced, reinforced, and extrapolated on in
several portions of the Basic Law, including Articles 2, 12,
13, 14, and 22.
(6) Article 22 of the Basic Law establishes that ``No
department of the Central People's Government and no province,
autonomous region, or municipality directly under the Central
Government may interfere in the affairs which the Hong Kong
Special Administrative Region administers on its own in
accordance with this Law.''.
(7) The Joint Declaration and the Basic Law make clear that
additional obligations shall be undertaken by China to ensure
the ``high degree of autonomy'' of Hong Kong.
(8) Paragraph 3c of the Joint Declaration states, as
reinforced by Articles 2, 16, 17, 18, 19, and 22 of the Basic
Law, that Hong Kong ``will be vested with executive,
legislative and independent judicial power, including that of
final adjudication''.
(9) On multiple occasions, the Government of China has
undertaken actions that have contravened the letter or intent
of the obligation described in paragraph (8) of this section,
including the following:
(A) In 1999, the Standing Committee of the National
People's Congress overruled a decision by the Hong Kong
Court of Final Appeal on the right of abode.
(B) On multiple occasions, the Government of Hong
Kong, at the advice of the Government of China, is
suspected to have not allowed persons entry into Hong
Kong allegedly because of their support for democracy
and human rights in Hong Kong and China.
(C) The Liaison Office of China in Hong Kong has,
despite restrictions on interference in the affairs of
Hong Kong as detailed in Article 22 of the Basic Law--
(i) openly expressed support for candidates
in Hong Kong for Chief Executive and
Legislative Council;
(ii) expressed views on various policies
for the Government of Hong Kong and other
internal matters relating to Hong Kong; and
(iii) on April 17, 2020, asserted that both
the Liaison Office of China in Hong Kong and
the Hong Kong and Macau Affairs Office of the
State Council ``have the right to exercise
supervision . . . on affairs regarding Hong
Kong and the mainland, in order to ensure
correct implementation of the Basic Law''.
(D) The National People's Congress has passed laws
requiring Hong Kong to pass laws banning disrespectful
treatment of the national flag and national anthem of
China.
(E) The State Council of China released a white
paper on June 10, 2014, that stressed the
``comprehensive jurisdiction'' of the Government of
China over Hong Kong and indicated that Hong Kong must
be governed by ``patriots''.
(F) The Government of China has directed operatives
to kidnap and bring to the mainland, or is otherwise
responsible for the kidnapping of, residents of Hong
Kong, including businessman Xiao Jianhua and bookseller
Gui Minhai.
(G) The Government of Hong Kong, acting with the
support of the Government of China, introduced an
extradition bill that would have permitted the
Government of China to request and enforce extradition
requests for any individual present in Hong Kong,
regardless of the legality of the request or the degree
to which it compromised the judicial independence of
Hong Kong.
(H) The spokesman for the Standing Committee of the
National People's Congress said, ``Whether Hong Kong's
laws are consistent with the Basic Law can only be
judged and decided by the National People's Congress
Standing Committee. No other authority has the right to
make judgments and decisions.''.
(10) Paragraph 3e of the Joint Declaration states, as
reinforced by Article 5 of the Basic Law, that the ``current
social and economic systems in Hong Kong will remain unchanged,
as so will the life-style.''.
(11) On multiple occasions, the Government of China has
undertaken actions that have contravened the letter or intent
of the obligation described in paragraph (10) of this section,
including the following:
(A) In 2002, the Government of China pressured the
Government of Hong Kong to introduce ``patriotic''
curriculum in primary and secondary schools.
(B) The governments of China and Hong Kong proposed
the prohibition of discussion of Hong Kong independence
and self-determination in primary and secondary
schools, which infringes on freedom of speech.
(C) The Government of Hong Kong mandated that
Mandarin, and not the native language of Cantonese, be
the language of instruction in Hong Kong schools.
(D) The governments of China and Hong Kong agreed
to a daily quota of mainland immigrants to Hong Kong,
which is widely believed by citizens of Hong Kong to be
part of an effort to ``mainlandize'' Hong Kong.
(12) Paragraph 3e of the Joint Declaration states, as
reinforced by Articles 4, 26, 27, 28, 29, 30, 31, 32 33, 34,
and 39 of the Basic Law, that the ``rights and freedoms,
including those of person, of speech, of the press, of
assembly, of association, of travel, of movement, of
correspondence, of strike, of choice of occupation, of academic
research and of religious belief will be ensured by law'' in
Hong Kong.
(13) On multiple occasions, the Government of China has
undertaken actions that have contravened the letter or intent
of the obligation described in paragraph (12) of this section,
including the following:
(A) On February 26, 2003, the Government of Hong
Kong introduced a national security bill that would
have placed restrictions on freedom of speech and other
protected rights.
(B) The Liaison Office of China in Hong Kong has
pressured businesses in Hong Kong not to advertise in
newspapers and magazines critical of the governments of
China and Hong Kong.
(C) The Hong Kong Police Force selectively blocked
demonstrations and protests expressing opposition to
the governments of China and Hong Kong or the policies
of those governments.
(D) The Government of Hong Kong refused to renew
work visa for a foreign journalist, allegedly for
hosting a speaker from the banned Hong Kong National
Party.
(E) The Justice Department of Hong Kong selectively
prosecuted cases against leaders of the Umbrella
Movement, while failing to prosecute police officers
accused of using excessive force during the protests in
2014.
(F) On April 18, 2020, the Hong Kong Police Force
arrested 14 high-profile democracy activists and
campaigners for their role in organizing a protest
march that took place on August 18, 2019, in which
almost 2,000,000 people rallied against a proposed
extradition bill.
(14) Articles 45 and 68 of the Basic Law assert that the
selection of Chief Executive and all members of the Legislative
Council of Hong Kong should be by ``universal suffrage.''.
(15) On multiple occasions, the Government of China has
undertaken actions that have contravened the letter or intent
of the obligation described in paragraph (14) of this section,
including the following:
(A) In 2004, the National People's Congress created
new, antidemocratic procedures restricting the adoption
of universal suffrage for the election of the Chief
Executive of Hong Kong.
(B) The decision by the National People's Congress
on December 29, 2007, which ruled out universal
suffrage in 2012 elections and set restrictions on when
and if universal suffrage will be implemented.
(C) The decision by the National People's Congress
on August 31, 2014, which placed limits on the
nomination process for the Chief Executive of Hong Kong
as a condition for adoption of universal suffrage.
(D) On November 7, 2016, the National People's
Congress interpreted Article 104 of the Basic Law in
such a way to disqualify 6 elected members of the
Legislative Council.
(E) In 2018, the Government of Hong Kong banned the
Hong Kong National Party and blocked the candidacy of
pro-democracy candidates.
(16) The ways in which the Government of China, at times
with the support of a subservient Government of Hong Kong, has
acted in contravention of its obligations under the Joint
Declaration and the Basic Law, as set forth in this section,
are deeply concerning to the people of Hong Kong, the United
States, and members of the international community who support
the autonomy of Hong Kong.
SEC. 1704. SENSE OF CONGRESS REGARDING HONG KONG.
It is the sense of Congress that--
(1) the United States continues to uphold the principles
and policy established in the United States-Hong Kong Policy
Act of 1992 (22 U.S.C. 5701 et seq.) and the Hong Kong Human
Rights and Democracy Act of 2019 (Public Law 116-76; 22 U.S.C.
5701 note), which remain consistent with China's obligations
under the Joint Declaration and certain promulgated objectives
under the Basic Law, including that--
(A) as set forth in section 101(1) of the United
States-Hong Kong Policy Act of 1992 (22 U.S.C.
5711(1)), ``The United States should play an active
role, before, on, and after July 1, 1997, in
maintaining Hong Kong's confidence and prosperity, Hong
Kong's role as an international financial center, and
the mutually beneficial ties between the people of the
United States and the people of Hong Kong.''; and
(B) as set forth in section 2(5) of the United
States-Hong Kong Policy Act of 1992 (22 U.S.C.
5701(5)), ``Support for democratization is a
fundamental principle of United States foreign policy.
As such, it naturally applies to United States policy
toward Hong Kong. This will remain equally true after
June 30, 1997.'';
(2) although the United States recognizes that, under the
Joint Declaration, the Government of China ``resumed the
exercise of sovereignty over Hong Kong with effect on 1 July
1997'', the United States supports the autonomy of Hong Kong in
furtherance of the United States-Hong Kong Policy Act of 1992
and the Hong Kong Human Rights and Democracy Act of 2019 and
advances the desire of the people of Hong Kong to continue the
``one country, two systems'' regime, in addition to other
obligations promulgated by China under the Joint Declaration
and the Basic Law;
(3) in order to support the benefits and protections that
Hong Kong has been afforded by the Government of China under
the Joint Declaration and the Basic Law, the United States
should establish a clear and unambiguous set of penalties with
respect to foreign persons determined by the Secretary of
State, in consultation with the Secretary of the Treasury, to
be involved in the contravention of the obligations of China
under the Joint Declaration and the Basic Law and the financial
institutions transacting with those foreign persons;
(4) the Secretary of State should provide an unclassified
assessment of the reason for imposition of certain economic
penalties on entities, so as to permit a clear path for the
removal of economic penalties if the sanctioned behavior is
reversed and verified by the Secretary of State;
(5) relevant Federal agencies should establish a
multilateral sanctions regime with respect to foreign persons
involved in the contravention of the obligations of China under
the Joint Declaration and the Basic Law; and
(6) in addition to the penalties on foreign persons, and
financial institutions transacting with those foreign persons,
for the contravention of the obligations of China under the
Joint Declaration and the Basic Law, the United States should
take steps, in a time of crisis, to assist permanent residents
of Hong Kong who are persecuted or fear persecution as a result
of the contravention by China of its obligations under the
Joint Declaration and the Basic Law to become eligible to
obtain lawful entry into the United States.
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.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, if the Secretary of State, in consultation with
the Secretary of the Treasury, determines that a foreign person is
materially contributing to, has materially contributed to, or attempts
to materially contribute to the failure of the Government of China to
meet its obligations under the Joint Declaration or the Basic Law, the
Secretary of State shall submit to the appropriate congressional
committees and leadership a report that includes--
(1) an identification of the foreign person; and
(2) a clear explanation for why the foreign person was
identified and a description of the activity that resulted in
the identification.
(b) Identifying Foreign Financial Institutions.--Not earlier than
30 days and not later than 60 days after the Secretary of State submits
to the appropriate congressional committees and leadership the report
under subsection (a), the Secretary of the Treasury, in consultation
with the Secretary of State, shall submit to the appropriate
congressional committees and leadership a report that identifies any
foreign financial institution that knowingly conducts a significant
transaction with a foreign person identified in the report under
subsection (a).
(c) Exclusion of Certain Information.--
(1) Intelligence.--The Secretary of State shall not
disclose the identity of a person in a report submitted under
subsection (a) or (b), or an update under subsection (e), if
the Director of National Intelligence determines that such
disclosure could compromise an intelligence operation,
activity, source, or method of the United States.
(2) Law enforcement.--The Secretary of State shall not
disclose the identity of a person in a report submitted under
subsection (a) or (b), or an update under subsection (e), if
the Attorney General, in coordination, as appropriate, with the
Director of the Federal Bureau of Investigation, the head of
any other appropriate Federal law enforcement agency, and the
Secretary of the Treasury, determines that such disclosure
could reasonably be expected--
(A) to compromise the identity of a confidential
source, including a State, local, or foreign agency or
authority or any private institution that furnished
information on a confidential basis;
(B) to jeopardize the integrity or success of an
ongoing criminal investigation or prosecution;
(C) to endanger the life or physical safety of any
person; or
(D) to cause substantial harm to physical property.
(3) Notification required.--If the Director of National
Intelligence makes a determination under paragraph (1) or the
Attorney General makes a determination under paragraph (2), the
Director or the Attorney General, as the case may be, shall
notify the appropriate congressional committees and leadership
of the determination and the reasons for the determination.
(d) Exclusion or Removal of Foreign Persons and Foreign Financial
Institutions.--
(1) Foreign persons.--The President may exclude a foreign
person from the report under subsection (a), or an update under
subsection (e), or remove a foreign person from the report or
update prior to the imposition of sanctions under section
1706(a) if the material contribution (as described in
subsection (g)) that merited inclusion in that report or
update--
(A) does not have a significant and lasting
negative effect that contravenes the obligations of
China under the Joint Declaration and the Basic Law;
(B) is not likely to be repeated in the future; and
(C) has been reversed or otherwise mitigated
through positive countermeasures taken by that foreign
person.
(2) Foreign financial institutions.--The President may
exclude a foreign financial institution from the report under
subsection (b), or an update under subsection (e), or remove a
foreign financial institution from the report or update prior
to the imposition of sanctions under section 1707(a) if the
significant transaction or significant transactions of the
foreign financial institution that merited inclusion in that
report or update--
(A) does not have a significant and lasting
negative effect that contravenes the obligations of
China under the Joint Declaration and the Basic Law;
(B) is not likely to be repeated in the future; and
(C) has been reversed or otherwise mitigated
through positive countermeasures taken by that foreign
financial institution.
(3) Notification required.--If the President makes a
determination under paragraph (1) or (2) to exclude or remove a
foreign person or foreign financial institution from a report
under subsection (a) or (b), as the case may be, the President
shall notify the appropriate congressional committees and
leadership of the determination and the reasons for the
determination.
(e) Update of Reports.--
(1) In general.--Each report submitted under subsections
(a) and (b) shall be updated in an ongoing manner and, to the
extent practicable, updated reports shall be resubmitted with
the annual report under section 301 of the United States-Hong
Kong Policy Act of 1992 (22 U.S.C. 5731).
(2) Rule of construction.--Nothing in this subsection shall
be construed to terminate the requirement to update the reports
under subsections (a) and (b) upon the termination of the
requirement to submit the annual report under section 301 of
the United States-Hong Kong Policy Act of 1992 (22 U.S.C.
5731).
(f) Form of Reports.--
(1) In general.--Each report under subsection (a) or (b)
(including updates under subsection (e)) shall be submitted in
unclassified form and made available to the public.
(2) Classified annex.--The explanations and descriptions
included in the report under subsection (a)(2) (including
updates under subsection (e)) may be expanded on in a
classified annex.
(g) Material Contributions Related to Obligations of China
Described.--For purposes of this section, a foreign person materially
contributes to the failure of the Government of China to meet its
obligations under the Joint Declaration or the Basic Law if the
person--
(1) took action that resulted in the inability of the
people of Hong Kong--
(A) to enjoy freedom of assembly, speech, press, or
independent rule of law; or
(B) to participate in democratic outcomes; or
(2) otherwise took action that reduces the high degree of
autonomy of Hong Kong.
SEC. 1706. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT CONTRAVENE
THE OBLIGATIONS OF CHINA UNDER THE JOINT DECLARATION OR
THE BASIC LAW.
(a) Imposition of Sanctions.--
(1) In general.--On and after the date on which a foreign
person is included in the report under section 1705(a) or an
update to that report under section 1705(e), the President may
impose sanctions described in subsection (b) with respect to
that foreign person.
(2) Mandatory sanctions.--Not later than one year after the
date on which a foreign person is included in the report under
section 1705(a) or an update to that report under section
1705(e), the President shall impose sanctions described in
subsection (b) with respect to that foreign person.
(b) Sanctions Described.--The sanctions described in this
subsection with respect to a foreign person are the following:
(1) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using,
transferring, withdrawing, transporting, or exporting
any property that is subject to the jurisdiction of the
United States and with respect to which the foreign
person has any interest;
(B) dealing in or exercising any right, power, or
privilege with respect to such property; or
(C) conducting any transaction involving such
property.
(2) Exclusion from the united states and revocation of visa
or other documentation.--In the case of a foreign person who is
an individual, the President may direct the Secretary of State
to deny a visa to, and the Secretary of Homeland Security to
exclude from the United States, the foreign person, subject to
regulatory exceptions to permit the United States to comply
with the Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered into
force November 21, 1947, between the United Nations and the
United States, or other applicable international obligations.
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.
(a) Imposition of Sanctions.--
(1) Initial sanctions.--Not later than one year after the
date on which a foreign financial institution is included in
the report under section 1705(b) or an update to that report
under section 1705(e), the President shall impose not fewer
than 5 of the sanctions described in subsection (b) with
respect to that foreign financial institution.
(2) Expanded sanctions.--Not later than two years after the
date on which a foreign financial institution is included in
the report under section 1705(b) or an update to that report
under section 1705(e), the President shall impose each of the
sanctions described in subsection (b).
(b) Sanctions Described.--The sanctions described in this
subsection with respect to a foreign financial institution are the
following:
(1) Loans from united states financial institutions.--The
United States Government may prohibit any United States
financial institution from making loans or providing credits to
the foreign financial institution.
(2) Prohibition on designation as primary dealer.--Neither
the Board of Governors of the Federal Reserve System nor the
Federal Reserve Bank of New York may designate, or permit the
continuation of any prior designation of, the foreign financial
institution as a primary dealer in United States Government
debt instruments.
(3) Prohibition on service as a repository of government
funds.--The foreign financial institution may not serve as
agent of the United States Government or serve as repository
for United States Government funds.
(4) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and involve the foreign
financial institution.
(5) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial institutions
or by, through, or to any financial institution, to the extent
that such transfers or payments are subject to the jurisdiction
of the United States and involve the foreign financial
institution.
(6) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using,
transferring, withdrawing, transporting, or exporting
any property that is subject to the jurisdiction of the
United States and with respect to which the foreign
financial institution has any interest;
(B) dealing in or exercising any right, power, or
privilege with respect to such property; or
(C) conducting any transaction involving such
property.
(7) Restriction on exports, reexports, and transfers.--The
President, in consultation with the Secretary of Commerce, may
restrict or prohibit exports, reexports, and transfers (in-
country) of commodities, software, and technology subject to
the jurisdiction of the United States directly or indirectly to
the foreign financial institution.
(8) Ban on investment in equity or debt.--The President
may, pursuant to such regulations or guidelines as the
President may prescribe, prohibit any United States person from
investing in or purchasing significant amounts of equity or
debt instruments of the foreign financial institution.
(9) Exclusion of corporate officers.--The President may
direct the Secretary of State, in consultation with the
Secretary of the Treasury and the Secretary of Homeland
Security, to exclude from the United States any alien that is
determined to be a corporate officer or principal of, or a
shareholder with a controlling interest in, the foreign
financial institution, subject to regulatory exceptions to
permit the United States to comply with the Agreement regarding
the Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other
applicable international obligations.
(10) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the foreign financial institution, or on
individuals performing similar functions and with similar
authorities as such officer or officers, any of the sanctions
described in paragraphs (1) through (8) that are applicable.
(c) Timing of Sanctions.--The President may impose sanctions
required under subsection (a) with respect to a financial institution
included in the report under section 1705(b) or an update to that
report under section 1705(e) beginning on the day on which the
financial institution is included in that report or update.
SEC. 1708. WAIVER, TERMINATION, EXCEPTIONS, AND CONGRESSIONAL REVIEW
PROCESS.
(a) National Security Waiver.--Unless a disapproval resolution is
enacted under subsection (d), the President may waive the application
of sanctions under section 1706 or 1707 with respect to a foreign
person or foreign financial institution if the President--
(1) determines that the waiver is in the national security
interest of the United States; and
(2) submits to the appropriate congressional committees and
leadership a report on the determination and the reasons for
the determination.
(b) Termination of Sanctions and Removal From Report.--Unless a
disapproval resolution is enacted under subsection (d), the President
may terminate the application of sanctions under section 1706 or 1707
with respect to a foreign person or foreign financial institution and
remove the foreign person from the report required under section
1705(a) or the foreign financial institution from the report required
under section 1705(b), as the case may be, if the Secretary of State,
in consultation with the Secretary of the Treasury, determines that the
actions taken by the foreign person or foreign financial institution
that led to the imposition of sanctions--
(1) do not have a significant and lasting negative effect
that contravenes the obligations of China under the Joint
Declaration and the Basic Law;
(2) are not likely to be repeated in the future; and
(3) have been reversed or otherwise mitigated through
positive countermeasures taken by that foreign person or
foreign financial institution.
(c) Termination of Act.--
(1) Report.--
(A) In general.--Not later than July 1, 2046, the
President, in consultation with the Secretary of State,
the Secretary of the Treasury, and the heads of such
other Federal agencies as the President considers
appropriate, shall submit to Congress a report
evaluating the implementation of this title and
sanctions imposed pursuant to this title.
(B) Elements.--The President shall include in the
report submitted under subparagraph (A) an assessment
of whether this title and the sanctions imposed
pursuant to this title should be terminated.
(2) Termination.--This title and the sanctions imposed
pursuant to this title shall remain in effect unless a
termination resolution is enacted under subsection (e) after
July 1, 2047.
(d) Congressional Review.--
(1) Resolutions.--
(A) Disapproval resolution.--In this section, the
term ``disapproval resolution'' means only a joint
resolution of either House of Congress--
(i) the title of which is as follows: ``A
joint resolution disapproving the waiver or
termination of sanctions with respect to a
foreign person that contravenes the obligations
of China with respect to Hong Kong or a foreign
financial institution that conducts a
significant transaction with that person.'';
and
(ii) the sole matter after the resolving
clause of which is the following: ``Congress
disapproves of the action under section 1708 of
the Hong Kong Autonomy Act relating to the
application of sanctions imposed with respect
to a foreign person that contravenes the
obligations of China with respect to Hong Kong,
or a foreign financial institution that
conducts a significant transaction with that
person, on _______ relating to ________.'',
with the first blank space being filled with
the appropriate date and the second blank space
being filled with a short description of the
proposed action.
(B) Termination resolution.--In this section, the
term ``termination resolution'' means only a joint
resolution of either House of Congress--
(i) the title of which is as follows: ``A
joint resolution terminating sanctions with
respect to foreign persons that contravene the
obligations of China with respect to Hong Kong
and foreign financial institutions that conduct
significant transactions with those persons.'';
and
(ii) the sole matter after the resolving
clause of which is the following: ``The Hong
Kong Autonomy Act and any sanctions imposed
pursuant to that Act shall terminate on
____.'', with the blank space being filled with
the termination date.
(C) Covered resolution.--In this subsection, the
term ``covered resolution'' means a disapproval
resolution or a termination resolution.
(2) Introduction.--A covered resolution may be introduced--
(A) in the House of Representatives, by the
majority leader or the minority leader; and
(B) in the Senate, by the majority leader (or the
majority leader's designee) or the minority leader (or
the minority leader's designee).
(3) Floor consideration in house of representatives.--If a
committee of the House of Representatives to which a covered
resolution has been referred has not reported the resolution
within 10 calendar days after the date of referral, that
committee shall be discharged from further consideration of the
resolution.
(4) Consideration in the senate.--
(A) Committee referral.--
(i) Disapproval resolution.--A disapproval
resolution introduced in the Senate shall be--
(I) referred to the Committee on
Banking, Housing, and Urban Affairs if
the resolution relates to an action
that is not intended to significantly
alter United States foreign policy with
regard to China; and
(II) referred to the Committee on
Foreign Relations if the resolution
relates to an action that is intended
to significantly alter United States
foreign policy with regard to China.
(ii) Termination resolution.--A termination
resolution introduced in the Senate shall be
referred to the Committee on Banking, Housing,
and Urban Affairs and the Committee on Foreign
Relations.
(B) Reporting and discharge.--If a committee to
which a covered resolution was referred has not
reported the resolution within 10 calendar days after
the date of referral of the resolution, that committee
shall be discharged from further consideration of the
resolution and the resolution shall be placed on the
appropriate calendar.
(C) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, it is in
order at any time after the Committee on Banking,
Housing, and Urban Affairs or the Committee on Foreign
Relations, as the case may be, reports a covered
resolution to the Senate or has been discharged from
consideration of such a resolution (even though a
previous motion to the same effect has been disagreed
to) to move to proceed to the consideration of the
resolution, and all points of order against the
resolution (and against consideration of the
resolution) are waived. The motion to proceed is not
debatable. The motion is not subject to a motion to
postpone. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order.
(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a covered resolution
shall be decided without debate.
(E) Consideration of veto messages.--Debate in the
Senate of any veto message with respect to a covered
resolution, including all debatable motions and appeals
in connection with the resolution, shall be limited to
10 hours, to be equally divided between, and controlled
by, the majority leader and the minority leader or
their designees.
(5) Rules relating to senate and house of
representatives.--
(A) Treatment of senate resolution in house.--In
the House of Representatives, the following procedures
shall apply to a covered resolution received from the
Senate (unless the House has already passed a
resolution relating to the same proposed action):
(i) The resolution shall be referred to the
appropriate committees.
(ii) If a committee to which a resolution
has been referred has not reported the
resolution within 2 calendar days after the
date of referral, that committee shall be
discharged from further consideration of the
resolution.
(iii) Beginning on the third legislative
day after each committee to which a resolution
has been referred reports the resolution to the
House or has been discharged from further
consideration thereof, it shall be in order to
move to proceed to consider the resolution in
the House. All points of order against the
motion are waived. Such a motion shall not be
in order after the House has disposed of a
motion to proceed on the resolution. The
previous question shall be considered as
ordered on the motion to its adoption without
intervening motion. The motion shall not be
debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in
order.
(iv) The resolution shall be considered as
read. All points of order against the
resolution and against its consideration are
waived. The previous question shall be
considered as ordered on the resolution to
final passage without intervening motion except
2 hours of debate equally divided and
controlled by the sponsor of the resolution (or
a designee) and an opponent. A motion to
reconsider the vote on passage of the
resolution shall not be in order.
(B) Treatment of house resolution in senate.--
(i) Received before passage of senate
resolution.--If, before the passage by the
Senate of a covered resolution, the Senate
receives an identical resolution from the House
of Representatives, the following procedures
shall apply:
(I) That resolution shall not be
referred to a committee.
(II) With respect to that
resolution--
(aa) the procedure in the
Senate shall be the same as if
no resolution had been received
from the House of
Representatives; but
(bb) the vote on passage
shall be on the resolution from
the House of Representatives.
(ii) Received after passage of senate
resolution.--If, following passage of a covered
resolution in the Senate, the Senate receives
an identical resolution from the House of
Representatives, that resolution shall be
placed on the appropriate Senate calendar.
(iii) No senate companion.--If a covered
resolution is received from the House of
Representatives, and no companion resolution
has been introduced in the Senate, the Senate
procedures under this subsection shall apply to
the resolution from the House of
Representatives.
(C) Application to revenue measures.--The
provisions of this paragraph shall not apply in the
House of Representatives to a covered resolution that
is a revenue measure.
(6) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such is deemed a part of the rules of each
House, respectively, and supersedes other rules only to
the extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
SEC. 1709. IMPLEMENTATION; PENALTIES.
(a) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to the extent necessary
to carry out this title.
(b) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of section 1706 or 1707 or
any regulation, license, or order issued to carry out that section
shall be subject to the penalties set forth in subsections (b) and (c)
of section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
SEC. 1710. RULE OF CONSTRUCTION.
Nothing in this title shall be construed as an authorization of
military force against China.
SEC. 1711. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this title shall not include the authority or
requirement to impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or manmade substance, material, supply, or
manufactured product, including inspection and test equipment, and
excluding technical data.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2021''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Five Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2026.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2026 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII and title XXIX shall take effect on the
later of--
(1) October 1, 2020; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska...................................... Fort Wainwright.................................. $114,000,000
Arizona..................................... Yuma Proving Ground.............................. $14,000,000
California.................................. Military Ocean Terminal Concord.................. $46,000,000
Colorado.................................... Fort Carson...................................... $28,000,000
Georgia..................................... Fort Gillem...................................... $71,000,000
Fort Gordon...................................... $80,000,000
Hawaii...................................... Aliamanu Military Reservation.................... $71,000,000
Schofield Barracks............................... $39,000,000
Wheeler Army Airfield............................ $89,000,000
Louisiana................................... Fort Polk........................................ $25,000,000
Oklahoma.................................... McAlester AAP.................................... $35,000,000
South Carolina.............................. Fort Jackson..................................... $7,000,000
Virginia.................................... Humphreys Engineer Center........................ $51,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installation outside the United States, and in the
amount, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Italy....................................... Casmera Renato Dal Din........................... $10,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Italy.................................. Vicenza.................... Family Housing New $84,100,000
Construction............
Kwajalein.............................. Kwajalein Atoll............ Family Housing $32,000,000
Replacement Construction
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2103(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $3,300,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2020,
for military construction, land acquisition, and military family
housing functions of the Department of the Army as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2017
PROJECT AT CAMP WALKER, KOREA.
In the case of the authorization contained in the table in section
2102(a) of the Military Construction Authorization Act for Fiscal Year
2017 (division B of Public Law 114-92; 129 Stat. 1146) for Camp Walker,
Korea, the Secretary of the Army may construct an elevated walkway
between two existing parking garages to connect children's playgrounds
using amounts available for Family Housing New Construction, as
specified in the funding table in section 4601 of such Act (129 Stat.
1290).
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Camp Pendleton................................. $115,530,000
Lemoore......................................... $187,220,000
Point Mugu...................................... $26,700,000
Port Hueneme.................................... $43,500,000
San Diego....................................... $128,500,000
Seal Beach...................................... $46,800,000
Twentynine Palms................................ $76,500,000
Hawaii....................................... Joint Base Pearl Harbor-Hickam.................. $114,900,000
Maine........................................ Kittery......................................... $715,000,000
NCTAMS LANT Detachment Cutler................... $26,100,000
Nevada....................................... Fallon.......................................... $29,040,000
North Carolina............................... Cherry Point.................................... $51,900,000
Virginia..................................... Norfolk......................................... $39,800,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain Island................................ SW Asia......................................... $68,340,000
El Salvador................................... Comalapa........................................ $28,000,000
Greece........................................ Souda Bay....................................... $50,180,000
Guam.......................................... Andersen Air Force Base......................... $21,280,000
Joint Region Marianas........................... $546,550,000
Spain......................................... Rota............................................ $60,110,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a) and available for military family
housing functions as specified in the funding table in section 4601,
the Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $5,854,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Navy may improve existing military family housing units in an amount
not to exceed $37,043,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2020,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy, as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Colorado....................................... United States Air Force Academy............. $49,000,000
New Jersey..................................... Joint Base McGuire-Dix-Lakehurst............ $22,000,000
South Dakota................................... Ellsworth Air Force Base.................... $96,000,000
Texas.......................................... Joint Base San Antonio...................... $19,500,000
Utah........................................... Hill Air Force Base......................... $132,000,000
Virginia....................................... Joint Base Langley-Eustis................... $19,500,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam........................................... Andersen Air Force Base..................... $56,000,000
Qatar.......................................... Al Udeid.................................... $26,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a) and available for military family
housing functions as specified in the funding table in section 4601,
the Secretary of the Air Force may carry out architectural and
engineering services and construction design activities with respect to
the construction or improvement of family housing units in an amount
not to exceed $2,969,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Air Force may improve existing military family housing units in an
amount not to exceed $94,245,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2020,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force, as specified in
the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2018
PROJECT AT ROYAL AIR FORCE LAKENHEATH.
(a) In General.--In the case of the authorization contained in the
table in section 2301(b) of the Military Construction Authorization Act
for Fiscal Year 2018 (division B of Public Law 115-91; 131 Stat. 1826)
for Royal Air Force Lakenheath, United Kingdom, the Secretary of the
Air Force may construct a 2,700 square meter consolidated corrosion
control and wash rack facility at such location.
(b) Increase of Amount.--The table in section 4601 of such Act is
amended in the item relating to a Consolidated Corrosion Control
Facility at Royal Air Force Lakenheath, United Kingdom, by striking
``20,000,000'' and inserting ``55,300,000''.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2019 PROJECTS.
(a) Eielson Air Force Base, Alaska.--In the case of the
authorization contained in the table in section 2301(a) of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2246) for Eielson Air Force Base, Alaska,
the Secretary of the Air Force may construct a 426 square meter non-
contained (outdoor) range with covered and heated firing line for
construction of an F-35 CATM Range, as specified in the funding table
in section 4601 of such Act (132 Stat. 2404).
(b) Barksdale Air Force Base, Louisiana.--
(1) In general.--In the case of the authorization contained
in the table in section 2301(a) of the Military Construction
Authorization Act for Fiscal Year 2019 (division B of Public
Law 115-232; 132 Stat. 2246) for Barksdale Air Force Base,
Louisiana, the Secretary of the Air Force may construct an
entrance road and gate complex consistent with the Unified
Facilities Criteria relating to entry control facilities and
the construction guidelines for the Air Force, in the amount of
$48,000,000.
(2) Details of construction.--In constructing the entrance
road and gate complex under paragraph (1), the Secretary of the
Air Force may construct a 190 square meter visitor control
center, a 44 square meter gate house, a 124 square meter
privately owned vehicle inspection facility, a 338 square meter
truck inspection facility, and a 45 square meter gatehouse.
(3) Construction in flood plain.--Construction under
paragraph (1) may be conducted in a flood plain and appropriate
mitigation measures shall be included in the project.
(c) Royal Air Force Lakenheath, United Kingdom.--In the case of the
authorization contained in the table in section 2301(b) of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2247) for Royal Air Force Lakenheath,
United Kingdom, the Secretary of the Air Force may construct a 1,206
square meter maintenance facility for construction of an F-35A ADAL
Conventional Munitions MX, as specified in the funding table in section
4601 of such Act (132 Stat. 2400).
(d) Force Protection and Safety.--The table in section 4601 of the
Military Construction Authorization Act for Fiscal Year 2019 (division
B of Public Law 115-232; 132 Stat. 2406) is amended in the item
relating to Force Protection and Safety, Air Force, Unspecified
Worldwide Locations, by striking ``35,000'' and inserting ``50,000''.
SEC. 2307. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2020 FAMILY HOUSING PROJECTS.
(a) Construction and Acquisition.--Section 2302 of the Military
Construction Authorization Act for Fiscal Year 2020 (Public Law 116-92)
is amended--
(1) by striking ``Using amounts'' and inserting ``(a)
Planning and Design.--Using amounts''; and
(2) by adding at the end the following new subsection:
``(b) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2304(a), the
Secretary of the Air Force may construct or acquire family housing
units (including land, acquisition, and supporting facilities) at the
installation, in the number of units, and in the amounts set forth in
the following table:
``Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Spangdahlem Air Base....... 76 Units................ $53,584,000''.
----------------------------------------------------------------------------------------------------------------
(b) Funding.--Section 2303 of the Military Construction
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended
by striking ``$53,584,000'' and inserting ``$46,638,000''.
SEC. 2308. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2020 PROJECTS.
(a) Tyndall Air Force Base, Florida.--In the case of the
authorization contained in the table in section 2912(a) of the Military
Construction Authorization Act for Fiscal Year 2020 (division B of
Public Law 116-92) for Tyndall Air Force Base, Florida, the Secretary
of the Air Force may construct--
(1) not more than 4,770 square meters of aircraft support
equipment storage for construction of an Auxiliary Ground
Equipment Facility, as specified in the funding table in
section 4603 of such Act;
(2) not more than 18,770 square meters of visiting quarters
for construction of Dorm Complex Phase 1, as specified in such
funding table;
(3) 2,127 square meters of squadron operations and 2,875
square meters of aircraft maintenance unit for construction of
Ops/Aircraft Maintenance Unit/Hangar #2, as specified in such
funding table;
(4) 2,127 square meters of squadron operations and 2,875
square meters of aircraft maintenance unit for construction of
Ops/Aircraft Maintenance Unit/Hangar #3, as specified in such
funding table;
(5) not more than 3,420 square meters of headquarters for
construction of an Operations Group/Maintenance Group HQ, as
specified in such funding table;
(6) not more than 930 square meters of equipment storage
for construction of a Security Forces Mobility Storage
Facility, as specified in such funding table;
(7) not more than 7,000 meters of storm water piping, box
culverts, underground detention, and grading for surface
detention for construction of Site Development, Utilities &
Demo Phase 2, as specified in such funding table; and
(8) not more than 12,471 meters of visiting quarters for
construction of Lodging Facilities Phase 1, as specified in
such funding table.
(b) Offutt Air Force Base, Nebraska.--In the case of the
authorization contained in the table in section 2912(a) of the Military
Construction Authorization Act for Fiscal Year 2020 (division B of
Public Law 116-92) for Offutt Air Force Base, Nebraska, the Secretary
of the Air Force may construct--
(1) seven 2.5-megawatt diesel engine generators, seven
diesel exhaust fluid systems, 15-kilovolt switchgear, two
import/export inter-ties, five import-only inter-ties, and 800
square meters of switchgear facility for construction of an
Emergency Power Microgrid, as specified in the funding table in
section 4603 of such Act;
(2) 2,536 square meters of warehouse for construction of a
Logistics Readiness Squadron Campus, as specified in such
funding table;
(3) 4,218 square meters of operations center and 1,343
square meters of military working dog kennel for construction
of a Security Campus, as specified in such funding table;
(4) 445 square meters of petroleum operations center, 268
square meters of de-icing liquid storage, and 173 square meters
of warehouse for construction of a Flightline Hangars Campus,
as specified in such funding table; and
(5) 240 square meters of recreation complex and 270 square
meters of storage for construction of a Lake Campus, as
specified in such funding table.
(c) Joint Base Langley-Eustis, Virginia.--In the case of the
authorization contained in the table in section 2912(a) of the Military
Construction Authorization Act for Fiscal Year 2020 (division B of
Public Law 116-92) for Joint Base Langley-Eustis, Virginia, the
Secretary of the Air Force may construct up to 6,720 square meters of
dormitory for construction of a Dormitory, as specified in the funding
table in section 4603 of such Act.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Anniston Army Depot............................. $18,000,000
Alaska........................................ Fort Greely..................................... $48,000,000
Arizona....................................... Fort Huachuca................................... $33,728,000
Yuma............................................ $49,500,000
California.................................... Beale Air Force Base............................ $22,800,000
Colorado...................................... Fort Carson..................................... $15,600,000
CONUS Unspecified............................. CONUS Unspecified............................... $14,400,000
Florida....................................... Hurlburt Field.................................. $83,120,000
Kentucky...................................... Fort Knox....................................... $69,310,000
New Mexico................................... Kirtland Air Force Base......................... $46,600,000
North Carolina................................ Fort Bragg...................................... $113,800,000
Ohio.......................................... Wright-Patterson Air Force Base................. $23,500,000
Texas......................................... Fort Hood....................................... $32,700,000
Virginia...................................... Joint Expeditionary Base Little Creek-Fort Story $112,500,000
Washington.................................... Joint Base Lewis-McChord........................ $21,800,000
Manchester...................................... $82,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installation or location outside the United States,
and in the amount, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan........................................ Def Fuel Support Point Tsurumi................ $49,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT
PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations inside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Fort Rucker..................................... $24,000,000
Arkansas...................................... Fort Smith Air National Guard Base.............. $2,600,000
District of Columbia.......................... Joint Base Anacostia-Bolling.................... $35,933,000
Georgia....................................... Fort Benning.................................... $17,000,000
Mississippi................................... MTA Camp Shelby................................. $30,000,000
North Carolina................................ Fort Bragg...................................... $6,100,000
Ohio.......................................... Wright-Patterson Air Force Base................. $35,000,000
Tennessee..................................... Memphis International Airport................... $4,780,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations outside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Unspecified Worldwide........................ Unspecified Worldwide Locations............... $142,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2020,
for military construction, land acquisition, and military family
housing functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
(a) Authorization.--Funds are hereby authorized to be appropriated
for fiscal years beginning after September 30, 2020, for contributions
by the Secretary of Defense under section 2806 of title 10, United
States Code, for the share of the United States of the cost of projects
for the North Atlantic Treaty Organization Security Investment Program
authorized by section 2501 as specified in the funding table in section
4601.
(b) Authority To Recognize NATO Authorization Amounts as Budgetary
Resources for Project Execution.--When the United States is designated
as the Host Nation for the purposes of executing a project under the
NATO Security Investment Program (NSIP), the Department of Defense
construction agent may recognize the NATO project authorization amounts
as budgetary resources to incur obligations for the purposes of
executing the NSIP project.
SEC. 2503. EXECUTION OF PROJECTS UNDER THE NORTH ATLANTIC TREATY
ORGANIZATION SECURITY INVESTMENT PROGRAM.
(a) In General.--Subchapter II of chapter 138 of title 10, United
States Code, is amended by striking section 2350m and inserting the
following new section 2350m:
``Sec. 2350m. Execution of projects under the North Atlantic Treaty
Organization Security Investment Program
``(a) Authority To Execute Projects.--When the United States is
designated as the Host Nation for purposes of executing a project under
the North Atlantic Treaty Organization Security Investment Program (in
this section referred to as the `Program'), the Secretary of Defense
may accept such designation and carry out such project consistent with
the requirements of this section.
``(b) Project Funding.--The Secretary of Defense may fund
authorized expenditures of projects accepted under subsection (a)
with--
``(1) contributions under subsection (c);
``(2) appropriations of the Department of Defense for the
Program when directed by the North Atlantic Treaty Organization
to apply amounts of such appropriations as part of the share of
contributions of the United States for the Program; or
``(3) any combination of amounts described in paragraphs
(1) and (2).
``(c) Authority To Accept Contributions.--(1) The Secretary of
Defense may accept contributions from the North Atlantic Treaty
Organization and member nations of the North Atlantic Treaty
Organization for the purpose of carrying out a project under subsection
(a).
``(2) Contributions accepted under paragraph (1) shall be placed in
an account established for the purpose of carrying out the project for
which the funds were provided and shall remain available until
expended.
``(3)(A) If contributions are made under paragraph (1) as
reimbursement for a project or portion of a project previously
completed by the Department of Defense, such contributions shall be
credited to--
``(i) the appropriations used for the project or portion
thereof, if such appropriations have not yet expired; or
``(ii) the appropriations for the Program, if the
appropriations described in clause (i) have expired.
``(B) Funding credited under subparagraph (A) shall merge with and
remain available for the same purposes and duration as the
appropriations to which credited.
``(d) Obligation Authority.--The construction agent of the
Department of Defense designated by the Secretary of Defense to execute
a project under subsection (a) may recognize the North Atlantic Treaty
Organization project authorization amounts as budgetary resources to
incur obligations against for the purposes of executing the project.
``(e) Insufficient Contributions.--(1) In the event that the North
Atlantic Treaty Organization does not agree to contribute funding for
all costs necessary for the Department of Defense to carry out a
project under subsection (a), including necessary personnel costs of
the construction agent designated by the Department of Defense,
contract claims, and any conjunctive funding requirements that exceed
the project authorization or standards of the North Atlantic Treaty
Organization, the Secretary of Defense, upon determination that
completion of the project is in the national interest of the United
States, may fund such costs using any funds available in appropriations
for the Program.
``(2) The use of funds under paragraph (1) from appropriations for
the Program may be in addition to or in place of any other funding
sources otherwise available for the purposes for which those funds are
used.
``(f) Authorized Expenditures Defined.--In this section, the term
`authorized expenditures' means project expenses for which the North
Atlantic Treaty Organization has agreed to contribute funding.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 138 of such title is amended by striking the
item relating to section 2350m and inserting the following new item:
``2350m. Execution of projects under the North Atlantic Treaty
Organization Security Investment
Program.''.
(c) Conforming Repeals.--
(1) 2019.--Section 2502 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 132 Stat. 2252) is amended--
(A) in subsection (a)--
(i) by striking ``(a) Authorization.--
Funds'' and inserting ``Funds''; and
(ii) by striking the second sentence; and
(B) by striking subsection (b).
(2) 2020.--Section 2502 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is
amended--
(A) in subsection (a), by striking ``(a)
Authorization.--Funds'' and inserting ``Funds''; and
(B) by striking subsection (b).
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Korea, and in the amounts, set forth in the following
table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Camp Carroll........... Site Development....... $49,000,000
Army................................. Camp Humphreys......... Attack Reconnaissance $99,000,000
Battalion Hangar......
Army................................. Camp Humphreys......... Hot Refuel Point....... $35,000,000
Navy................................. COMROKFLT Naval Base, Maritime Operations $26,000,000
Busan................. Center................
Air Force............................ Daegu Air Base......... AGE Facility and $14,000,000
Parking Apron.........
Air Force............................ Kunsan Air Base........ Backup Generator Plant. $19,000,000
Air Force............................ Osan Air Base.......... Aircraft Corrosion $12,000,000
Control Facility
(Phase 3).............
Air Force............................ Osan Air Base.......... Child Development $20,000,000
Center................
Air Force............................ Osan Air Base.......... Relocate Munitions $84,000,000
Storage Area Delta
(Phase 1).............
Defense-Wide......................... Camp Humphreys......... Elementary School...... $58,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2512. QATAR FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the State of Qatar for required in-kind
contributions, the Secretary of Defense may accept military
construction projects for the installation in the State of Qatar, and
in the amounts, set forth in the following table:
State of Qatar Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Air Force............................ Al Udeid............... Billet (A12)........... $63,000,000
Air Force............................ Al Udeid............... Billet (B12)........... $63,000,000
Air Force............................ Al Udeid............... Billet (D10)........... $77,000,000
Air Force............................ Al Udeid............... Billet (009)........... $77,000,000
Air Force............................ Al Udeid............... Billet (007)........... $77,000,000
Air Force............................ Al Udeid............... Armory/Mount........... $7,200,000
Air Force............................ Al Udeid............... Billet (A06)........... $77,000,000
Air Force............................ Al Udeid............... Dining Facility........ $14,600,000
Air Force............................ Al Udeid............... Billet (BOS)........... $77,000,000
Air Force............................ Al Udeid............... Billet (B04)........... $77,000,000
Air Force............................ Al Udeid............... Billet (A04)........... $77,000,000
Air Force............................ Al Udeid............... Billet (AOS)........... $77,000,000
Air Force............................ Al Udeid............... Dining Facility........ $14,600,000
Air Force............................ Al Udeid............... MSG (Base Operations $9,300,000
Support Facility).....
Air Force............................ Al Udeid............... ITN (Communications $3,500,000
Facility).............
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard installations or
locations inside the United States, and in the amounts, set forth in
the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona..................................... Tucson........................................... $18,100,000
Arkansas.................................... Fort Chaffee..................................... $15,000,000
California.................................. Bakersfield...................................... $9,300,000
Colorado.................................... Peterson Air Force Base.......................... $15,000,000
Indiana..................................... Shelbyville...................................... $12,000,000
Kentucky.................................... Frankfort........................................ $15,000,000
Mississippi................................. Brandon.......................................... $10,400,000
Nebraska.................................... North Platte..................................... $9,300,000
New Jersey.................................. Joint Base McGuire-Dix-Lakehurst................. $15,000,000
Ohio........................................ Columbus......................................... $15,000,000
Oklahoma.................................... Ardmore.......................................... $9,800,000
Oregon...................................... Hermiston........................................ $25,035,000
Puerto Rico................................. Fort Allen....................................... $37,000,000
South Carolina.............................. Joint Base Charleston............................ $15,000,000
Tennessee................................... McMinnville...................................... $11,200,000
Texas....................................... Fort Worth....................................... $13,800,000
Utah........................................ Nephi............................................ $12,000,000
Virgin Islands.............................. St. Croix........................................ $39,400,000
Wisconsin................................... Appleton......................................... $11,600,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve installations or locations
inside the United States, and in the amounts, set forth in the
following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Florida....................................... Gainesville.................................... $36,000,000
Massachusetts................................. Devens Reserve Forces Training Area............ $8,700,000
North Carolina................................ Asheville...................................... $24,000,000
Wisconsin..................................... Fort McCoy..................................... $17,100,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
installations or locations inside the United States, and in the
amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland...................................... Reisterstown................................... $39,500,000
Minnesota..................................... Naval Operational Support Center Minneapolis... $12,800,000
Utah.......................................... Hill Air Force Base............................ $25,010,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air National Guard installations
or locations inside the United States, and in the amounts, set forth in
the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Montgomery Regional Airport.................... $23,600,000
Guam.......................................... Joint Region Marianas.......................... $20,000,000
Maryland...................................... Joint Base Andrews............................. $9,400,000
North Dakota.................................. Hector International Airport................... $17,500,000
Texas......................................... Joint Base San Antonio......................... $10,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installation inside the United
States, and in the amount, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Texas......................................... Joint Reserve Base Fort Worth.................. $39,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2020, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.
SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2020
PROJECT IN ALABAMA.
In the case of the authorization contained in the table in section
2601 of the Military Construction Authorization Act for Fiscal Year
2020 (division B of Public Law 116-92) for Anniston Army Depot,
Alabama, for construction of an Enlisted Transient Barracks as
specified in the funding table in section 4601 of such Act, the
Secretary of the Army may construct a training barracks at Fort
McClellan, Alabama.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2020, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account established by section 2906 of such Act (as amended by
section 2711 of the Military Construction Authorization Act for Fiscal
Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND
CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an additional
Base Realignment and Closure (BRAC) round.
SEC. 2703. PLAN TO FINISH REMEDIATION ACTIVITIES CONDUCTED BY THE
SECRETARY OF THE ARMY IN UMATILLA, OREGON.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Army shall submit to Congress a plan to finish
remediation activities conducted by the Secretary in Umatilla, Oregon,
by not later than three years after such date of enactment.
TITLE XXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
Subtitle A--Military Construction Program
SEC. 2801. RESPONSIBILITY OF NAVY FOR MILITARY CONSTRUCTION
REQUIREMENTS FOR CERTAIN FLEET READINESS CENTERS.
In the case in which a Fleet Readiness Center is a tenant command
aboard an installation of the Marine Corps, the Navy shall be
responsible for programming, requesting, and executing any military
construction requirements for the Fleet Readiness Center.
SEC. 2802. CONSTRUCTION OF GROUND-BASED STRATEGIC DETERRENT LAUNCH
FACILITIES AND LAUNCH CENTERS FOR AIR FORCE.
(a) Authority to Carry Out Projects.--Subject to subsections (b)
and (d) and within the amount appropriated for such purpose, the
Secretary of the Air Force may carry out military construction projects
to convert Minuteman III launch facilities and launch centers to
ground-based strategic deterrent configurations.
(b) Master Plan.--
(1) In general.--Prior to the authority under subsection
(a) being available for use, the Secretary of the Air Force
shall submit to the congressional defense committees a master
plan, broken out by year and location, for the planned launch
facilities and launch centers to be converted to ground-based
strategic deterrent configurations pursuant to a project under
this section.
(2) Spending plan.--The master plan submitted under
paragraph (1) shall include a spending plan with estimated
amounts to be requested with respect to each planned location
for conversion to ground-based strategic deterrent
configurations.
(c) Management of Design and Construction.--The Secretary of the
Air Force may select a single, prime contractor to manage the design
and construction phases of projects carried out under subsection (a).
(d) Congressional Notification.--
(1) Report.--When a decision is made to carry out a project
under subsection (a) and before carrying out such project, the
Secretary of the Air Force shall submit to the congressional
defense committees a report on that decision.
(2) Elements.--Subject to paragraph (3), the report
submitted under paragraph (1) with respect to a project under
subsection (a) shall include a justification for carrying out
the project and a complete Department of Defense Form 1391 for
the project.
(3) Single submission.--The Secretary of the Air Force may
group multiple locations at which a project is to be carried
out under subsection (a) into a single submission on a
Department of Defense Form 1391 to allow all included locations
to be considered as a single project.
(e) Funding.--In fiscal year 2021, the Secretary of the Air Force
may expend amounts available to the Secretary for research,
development, test, and evaluation for the purposes of planning and
design to support the projects described in subsection (a).
(f) Existing Authorities.--The Secretary of the Air Force shall use
existing authorities, as applicable, to carry out this section,
including sections 2304 and 2853 of title 10, United States Code.
Subtitle B--Military Family Housing
SEC. 2821. PROHIBITION ON SUBSTANDARD FAMILY HOUSING UNITS.
(a) In General.--Subchapter II of chapter 169 of title 10, United
States Code, is amended by striking section 2830 and inserting the
following new section:
``Sec. 2830. Prohibition on substandard family housing units
``The Secretary concerned may not lease a substandard family
housing unit to a member of a uniformed service for occupancy by such
member.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of such chapter is amended by striking the item relating
to section 2830 and inserting the following new item:
``2830. Prohibition on substandard family housing units.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2021.
SEC. 2822. TECHNICAL CORRECTIONS TO PRIVATIZED MILITARY HOUSING
PROGRAM.
(a) Chief Housing Officer.--Section 2890a of title 10, United
States Code--
(1) is amended--
(A) in subsection (a)(1), by striking ``housing
units'' and inserting ``all military housing''; and
(B) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``under subchapter IV and
this subchapter'' and inserting ``by the Department of
Defense under this chapter'';
(2) is transferred so as to appear at the end of subchapter
III of chapter 169 of such title; and
(3) is redesignated as section 2870a.
(b) Privatized Housing Reform.--Subchapter V of chapter 169 of such
title is amended--
(1) in section 2890--
(A) in subsection (b)(15), by striking ``and held
in escrow'';
(B) in subsection (e)(2), in the matter preceding
subparagraph (A), by inserting ``a'' before
``landlord''; and
(C) in subsection (f)(2)--
(i) by striking ``executed as'' and
inserting ``executed--
``(A) as'';
(ii) in subparagraph (A), as designated by
clause (i), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following
new subparagraph:
``(B) to avoid litigation if the tenant has retained legal
counsel or has sought military legal assistance under section
1044 of this title.'';
(2) in section 2891--
(A) in subsection (e)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by inserting ``unit''
after ``different housing'';
(II) in subparagraph (B), by
inserting ``the'' before ``tenant'';
and
(ii) in paragraph (2)(B), by inserting
``the'' before ``tenant'';
(3) in section 2891a--
(A) in subsection (b)(2), by adding a period at the
end;
(B) in subsection (d)(11)--
(i) by striking ``A landlord'' and
inserting ``Upon request by a prospective
tenant, a landlord''; and
(ii) by striking ``prospective tenants to
housing units'' and inserting ``the prospective
tenant to a housing unit''; and
(C) in subsection (e)(2)(B) by striking ``the any''
and inserting ``any'';
(4) in section 2892a--
(A) by striking ``The Secretary concerned'' and
inserting ``(a) In General.--The Secretary concerned'';
(B) by striking ``years. In this section'' and
inserting ``years.
``(b) Maintenance Defined.--In this section'';
(C) in subsection (a), as designated by
subparagraph (A), by striking ``housing unit, before
the prospective tenant'' and all that follows through
the period at the end and inserting ``housing unit--
``(1) not later than five business days before the
prospective tenant is asked to sign the lease, a summary of
maintenance conducted with respect to that housing unit for the
previous seven years; and
``(2) not later than two business days after requested by
the prospective tenant, all information regarding maintenance
conducted with respect to that housing unit during such
period.''; and
(D) in subsection (b), as designated by
subparagraph (B), by striking ``such period'' and
inserting ``the period specified in subsection
(a)(1)'';
(5) in section 2893, by striking ``propensity for'' and
inserting ``pattern of''; and
(6) in section 2894--
(A) in subsection (b), by adding at the end the
following new paragraph:
``(6) The dispute resolution process shall require the installation
or regional commander (as the case may be) to record each dispute in
the complaint database established under section 2894a of this
title.'';
(B) in subsection (c)--
(i) in paragraph (1), in the matter
preceding subparagraph (A), by striking ``24
hours'' and inserting ``two business days'';
(ii) in paragraph (3)--
(I) by inserting ``business''
before ``days''; and
(II) by inserting ``, such office''
before ``shall complete'';
(iii) in paragraph (4), in the matter
preceding subparagraph (A), by inserting ``, at
a minimum,'' before ``the following persons'';
(iv) in paragraph (5)--
(I) by inserting ``calendar''
before ``days'' each place it appears;
and
(II) in subparagraph (B), by
striking ``30-day period'' and
inserting ``30-calendar-day period'';
and
(v) by striking paragraph (6) and inserting
the following new paragraph (6):
``(6) Except as provided in paragraph (5)(B), a final decision
shall be transmitted to the tenant, landlord, and the installation or
regional commander (as the case may be) not later than 30 calendar days
after the request was submitted.''; and
(C) in subsection (e)--
(i) by striking paragraph (3);
(ii) by redesignating paragraph (2) as
paragraph (3);
(iii) in paragraph (1), in the matter
preceding subparagraph (A), by striking ``, the
tenant may'' and all that follows through ``in
which--'' and inserting ``regarding maintenance
guidelines or procedures or habitability, the
tenant may request that all or part of the
payments described in paragraph (3) for lease
of the housing unit be segregated and not used
by the property owner, property manager, or
landlord pending completion of the dispute
resolution process.
``(2) The amount allowed to be withheld under paragraph (1) shall
be limited to amounts associated with the period in which--''; and
(iv) in paragraph (3), as redesignated by
clause (ii), by striking ``Paragraph (1)'' and
inserting ``This subsection''.
(c) Reports.--Section 2884(c)(10) of such title is amended by
striking ``specific analysis'' and all that follows through the period
at the end and inserting ``list of dispute resolution cases by
installation and the final outcome of each such case.''.
(d) Payment Authority.--Section 606(a) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 10 U.S.C. 2871 note) is amended--
(1) in paragraph (1)(A), by inserting ``monthly'' before
``payments'';
(2) in paragraph (2)(A), by striking ``payments to'' and
all that follows through ``subparagraph (C)'' and inserting
``monthly payments, under such terms and in such amounts as
determined by the Secretary, to one of more lessors responsible
for underfunded MHPI housing projects identified pursuant to
subparagraph (C) under the jurisdiction of the Secretary''; and
(3) in paragraph (3)(B), by inserting ``that'' before
``require''.
(e) Suspension of Resident Energy Conservation Program.--Section
3063(b) of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) is amended--
(1) by striking ``on the installation military housing
unit''; and
(2) by striking ``on the'' and inserting ``covered by a
program suspended under subsection (a) on that''.
(f) Clerical Amendments.--
(1) Chief housing officer.--
(A) Addition.--The table of sections at the
beginning of subchapter III of chapter 169 of title 10,
United States Code, is amended by inserting after the
item relating to section 2870 the following new item:
``2870a. Chief Housing Officer.''.
(B) Repeal.--The table of sections at the beginning
of subchapter V of chapter 169 of such title is amended
by striking the item relating to section 2890a.
(2) Disclosure of personally identifiable information.--The
table of sections at the beginning of subchapter V of such
title is amended by striking the item relating to section 2892b
and inserting the following new item:
``2892b. Prohibition on requirement to disclose personally identifiable
information in requests for certain
maintenance.''.
SEC. 2823. REQUIREMENT THAT SECRETARY OF DEFENSE IMPLEMENT
RECOMMENDATIONS RELATING TO MILITARY FAMILY HOUSING
CONTAINED IN REPORT BY INSPECTOR GENERAL OF DEPARTMENT OF
DEFENSE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall implement the recommendations of the
Inspector General of the Department of Defense contained in the report
of the Inspector General dated April 30, 2020, and entitled
``Evaluation of the DoD's Management of Health and Safety Hazards in
Government-Owned and Government-Controlled Military Family Housing''.
Subtitle C--Project Management and Oversight Reforms
SEC. 2841. PROMOTION OF ENERGY RESILIENCE AND ENERGY SECURITY IN
PRIVATIZED UTILITY SYSTEMS.
(a) Utility Privatization Contract Renewals.--Section 2688(d)(2) of
title 10, United States Code, is amended--
(1) in the first sentence, by inserting ``or the renewal of
such a contract'' after ``paragraph (1)''; and
(2) by adding at the end the following new sentence: ``A
renewal of a contract pursuant to this paragraph may be entered
into only within the last 5 years of the existing contract
term.''.
(b) Use of ERCIP Funds on Privatized Utility Systems.--Section 2914
of such title is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Use of Certain Other Authorities.--A project under this
section may be--
``(1) carried out in conjunction with the authorities
provided in subsections (j), and (k) of section 2688 of this
title and section 2913 of this title, notwithstanding that the
United States does not own a utility system covered by the
project; or
``(2) included as a separate requirement in a contract
entered into pursuant to title VIII of the National Energy
Conservation Policy Act (42 U.S.C. 8287 et seq.).''.
SEC. 2842. CONSIDERATION OF ENERGY SECURITY AND ENERGY RESILIENCE IN
LIFE-CYCLE COST FOR MILITARY CONSTRUCTION.
(a) In General.--Subchapter I of chapter 169 of title 10, United
States Code, is amended by inserting after section 2815 the following
new section:
``Sec. 2816. Consideration of energy security and energy resilience in
life-cycle cost for military construction
``(a) In General.--(1) The Secretary concerned, when evaluating the
life-cycle designed cost of a covered military construction project,
shall include as a facility requirement the long-term consideration of
energy security and energy resilience that would ensure that the
resulting facility is capable of continuing to perform its missions,
during the life of the facility, in the event of a natural or human-
caused disaster, an attack, or any other unplanned event that would
otherwise interfere with the ability of the facility to perform its
missions.
``(2) A facility requirement under paragraph (1) shall not be
weighed, for cost purposes, against other facility requirements in
determining the design of the facility.
``(b) Inclusion in the Building Life-cycle Cost Program.--The
Secretary shall include the requirements of subsection (a) in applying
the latest version of the building life-cycle cost program, as
developed by the National Institute of Standards and Technology, to
consider on-site distributed energy assets in a building design for a
covered military construction project.
``(c) Covered Military Construction Project Defined.--(1) In this
section, the term `covered military construction project' means a
military construction project for a facility that is used to perform
critical functions during a natural or human-caused disaster, an
attack, or any other unplanned event.
``(2) For purposes of paragraph (1), the term `facility' includes
any of the following:
``(A) Operations centers.
``(B) Nuclear command and control facilities.
``(C) Integrated strategic and tactical warning and attack
assessment facilities.
``(D) Continuity of government facilities.
``(E) Missile defense facilities.
``(F) Air defense facilities.
``(G) Hospitals.
``(H) Armories and readiness centers of the National Guard.
``(I) Communications facilities.
``(J) Satellite and missile launch and control
facilities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of such chapter is amended by inserting after the item
relating to section 2815 the following new item:
``2816. Consideration of energy security and energy resilience in life-
cycle cost for military construction.''.
Subtitle D--Land Conveyances
SEC. 2861. RENEWAL OF FALLON RANGE TRAINING COMPLEX LAND WITHDRAWAL AND
RESERVATION.
Notwithstanding section 3015 of the Military Lands Withdrawal Act
of 1999 (title XXX of Public Law 106-65; 113 Stat. 892), the withdrawal
and reservation of lands (known as the Fallon Range Training Complex)
made by section 3011(a) of such Act (113 Stat. 885) shall terminate on
November 6, 2041.
SEC. 2862. RENEWAL OF NEVADA TEST AND TRAINING RANGE LAND WITHDRAWAL
AND RESERVATION.
Notwithstanding section 3015 of the Military Lands Withdrawal Act
of 1999 (title XXX of Public Law 106-65; 113 Stat. 892), the withdrawal
and reservation of lands (known as the Nevada Test and Training Range)
made by section 3011(b) of such Act (113 Stat. 886) shall terminate on
November 6, 2041.
SEC. 2863. TRANSFER OF LAND UNDER THE ADMINISTRATIVE JURISDICTION OF
THE DEPARTMENT OF THE INTERIOR WITHIN NAVAL SUPPORT
ACTIVITY PANAMA CITY, FLORIDA.
(a) Authority.--The Secretary of the Interior shall transfer to the
Secretary of the Navy, without consideration, approximately 1.23 acres
of land within Naval Support Activity Panama City, Florida, that are
used on the day before the date of the enactment of this Act by the
Department of the Navy pursuant to Executive Order 10355 (17 Fed. Reg.
4831; relating to delegating to the Secretary of the Interior the
authority of the President to withdraw or reserve lands of the United
States for public purposes) and the public land order entitled ``Public
Land Order 952'' (19 Fed. Reg. 2085 (April 10, 1954)).
(b) Status of Federal Land After Transfer.--Upon completion of a
transfer to the Secretary of the Navy of a parcel of land under
subsection (a), the parcel received by the Secretary of the Navy shall
cease to be public land and shall be treated as property (as defined in
section 102(9) of title 40, United States Code) under the
administrative jurisdiction of the Secretary of the Navy.
(c) Reimbursement.--The Secretary of the Navy shall reimburse the
Secretary of the Interior for any costs incurred by the Secretary of
the Interior for preparing a legal description of the land to be
transferred under subsection (a).
SEC. 2864. LAND CONVEYANCE, CAMP NAVAJO, ARIZONA.
(a) Conveyance Authorized.--The Secretary of the Army (in this
section referred to as the ``Secretary'') may convey, without
consideration, to the State of Arizona Department of Emergency and
Military Affairs (in this section referred to as the ``State''), all
right, title, and interest of the United States in and to a parcel of
real property (in this section referred to as the ``Property''),
including any improvements thereon, consisting of not more than 3,000
acres at Camp Navajo, Arizona, for the purpose of permitting the State
to use the Property for--
(1) training the Arizona Army and Air National Guard; and
(2) defense industrial base economic development purposes
that are compatible with the environmental security and primary
National Guard training purpose of Camp Navajo.
(b) Conditions on Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the following conditions:
(1) Use of revenues.--The State shall use all revenues
generated by uses of the Property to support the training
requirements of the Arizona Army and Air National Guard, to
include necessary infrastructure maintenance and capital
improvements.
(2) Audit.--The United States Property and Fiscal Office
for the State of Arizona shall periodically audit all revenues
generated by uses of the Property and all uses of such revenue,
and shall provide the audit results to the Chief of the
National Guard Bureau.
(c) Reversionary Interest.--
(1) In general.--If the Secretary determines at any time
that the Property is not being used in accordance with the
purpose of the conveyance authorized by subsection (a), or that
the State has not complied with the conditions specified in
subsection (b), all right, title, and interest in and to the
Property, including any improvements thereto, shall, at the
option of the Secretary, revert to and become the property of
the United States, and the United States shall have the right
of immediate entry onto the Property.
(2) Record.--A determination by the Secretary under
paragraph (1) shall be made on the record after an opportunity
for a hearing.
(d) Alternative Consideration Option.--
(1) Consideration option.--In lieu of exercising the
reversionary interest under subsection (c), the Secretary may
accept an offer by the State to pay to the United States an
amount equal to the fair market value of the Property,
excluding the value of any improvements on the Property
constructed without Federal funds after the date of the
conveyance authorized by subsection (a), as determined by the
Secretary.
(2) Treatment of consideration received.--Consideration
received by the Secretary under paragraph (1) shall be
deposited in the special account in the Treasury established
for the Secretary under subsection (e) of section 2667 of title
10, United States Code, and shall be available to the Secretary
for the same uses and subject to the same limitations as
provided in that section.
(e) Payment of Cost of Conveyance.--
(1) Payment required.--
(A) In general.--The Secretary shall require the
State to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for such costs incurred
by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs for
environmental documentation related to the conveyance,
and any other administrative costs related to the
conveyance.
(B) Refund of excess amounts.--If amounts are
collected from the State in advance of the Secretary
incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to
carry out the conveyance, the Secretary shall refund
the excess amount to the State.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1)(A) shall be credited to the
fund or account that was used to cover those costs incurred by
the Secretary in carrying out the conveyance or, if the period
of availability for obligations for that appropriation has
expired, to the appropriations or fund that is currently
available to the Secretary for the same purpose. Amounts so
credited shall be merged with amounts in such fund or account,
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund or
account.
(f) Description of Property.--The exact acreage and legal
description of the Property shall be determined by a survey
satisfactory to the Secretary.
(g) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
as the Secretary considers appropriate to protect the interests of the
United States.
(h) Environmental Obligations.--Nothing in this section shall be
construed as alleviating, altering, or affecting the responsibility of
the United States for cleanup and remediation of the Property in
accordance with--
(1) the Defense Environmental Restoration Program under
section 2701(a)(1) of title 10, United States Code; and
(2) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
Subtitle E--Other Matters
SEC. 2881. MILITARY FAMILY READINESS CONSIDERATIONS IN BASING
DECISIONS.
(a) Taking of Considerations Into Account Required.--In determining
whether to proceed with any basing decision in the United States after
the date of the enactment of this Act, the Secretary of the military
department concerned shall take into account, among such other factors
as such Secretary considers appropriate, the military family readiness
considerations specified in subsection (b).
(b) Military Family Readiness Considerations.--The military family
readiness considerations specified in this subsection are the
following:
(1) Interstate portability of professional licensure and
certification credentials.--The extent to which the State in
which the installation subject to the basing decision is or
will be located accepts as valid professional licensure and
certification credentials obtained in other States, including
professional licensure and certification credentials in the
following professional fields (and any subfield of such field):
(A) Accounting.
(B) Cosmetology.
(C) Emergency medical service.
(D) Engineering.
(E) Law.
(F) Nursing.
(G) Physical therapy.
(H) Psychology.
(I) Teaching.
(J) Such other professional fields (and subfields
of such fields) as the Secretary of Defense shall
specify for purposes of this paragraph.
(2) Public education.--The extent to which public education
is available and accessible to dependents of members of the
Armed Forces in the military housing area in which the
installation subject to the basing decision is or will be
located, including with respect to the following:
(A) Academic performance of schools, including
student-to-teacher ratios and learning rates and
graduation rates.
(B) Social climate within schools, including
absenteeism rates and suspension rates.
(C) Availability, accessibility, and quality of
services, including pre-kindergarten, counselors and
mental health support, student-to-nurse ratios, and
services for military dependents with special needs as
required by law.
(3) Housing.--The extent to which housing (including family
housing) that meets Department of Defense requirements is
available and accessible to members of the Armed Forces through
the private sector in the military housing area in which the
installation subject to the basing decision is or will be
located.
(4) Health care.--The extent to which primary healthcare
and specialty healthcare is available and accessible to
dependents of members of the Armed Forces through the private
sector in the local community in which the installation subject
to the basing decision is or will be located, including care
for military dependents with special needs.
(5) Intergovernmental support.--The extent to which the
State in which the installation subject to the basing decision
is or will be located, and local governments in the vicinity of
the installation, have or will have intergovernmental support
agreements with the installation for the effective and
efficient provision of public services to the installation.
(6) Other considerations.--Such other considerations in
connection with military family readiness as the Secretary of
Defense shall specify for purposes of this subsection.
(c) Analytical Framework.--The Secretary of a military department
shall take into account the considerations specified in subsection (b),
among such other factors as the Secretary considers appropriate, in
determining whether to proceed with a basing decision under subsection
(a) using an analytical framework developed by the Secretary for that
purpose that uses criteria based on quantitative data available to the
Department of Defense and on such reliable quantitative data from
sources outside the Department as the Secretary considers appropriate.
(d) Basing Decision Scorecard.--
(1) In general.--Each Secretary of a military department
shall establish and maintain a scorecard on military
installations under the jurisdiction of such Secretary, and on
States and localities in which such installations are or may be
located, relevant to the taking into account of the
considerations specified in subsection (b) in determinations of
such Secretary on basing decisions as required by subsection
(a).
(2) Update.--Each Secretary shall update the scorecard
required of such Secretary by this subsection not less
frequently than once each year in order to keep the information
in such scorecard as current as is practicable.
(3) Availability to public.--A current version of each
scorecard under this subsection shall be available to the
public through an Internet website of the military department
concerned that is accessible to the public.
(e) Briefings.--Not later than April 1 of each of 2021, 2022, and
2023, the Secretary of Defense shall brief the Committees on Armed
Services of the Senate and the House of Representatives on actions
taken pursuant to this section, including a description and assessment
of the effect of the taking into account of the considerations
specified in subsection (b) on particular basing decisions in the
United States during the one-year period ending on the date of the
briefing.
(f) Basing Decision Defined.--In this section, the term ``basing
decision'' means any of the following:
(1) The establishment of a new mission at a military
installation.
(2) The relocation of an existing mission from a military
installation to another military installation.
(3) The establishment of a new military installation.
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.
No funds authorized to be appropriated by this Act or any other Act
for the Department of Defense may be obligated or expended to implement
any activity that reduces air base resiliency or demolishes protected
aircraft shelters in the European theater, and the Department may not
otherwise implement any such activity, without creating a similar
protection from attack in the European theater until such time as the
Secretary of Defense certifies to the congressional defense committees
that protected aircraft shelters are not required in the European
theater.
SEC. 2883. PROHIBITIONS RELATING TO CLOSURE OR RETURNING TO HOST NATION
OF EXISTING BASES UNDER THE EUROPEAN CONSOLIDATION
INITIATIVE.
(a) Prohibition on Use of Funds.--No funds authorized to be
appropriated by this Act for fiscal year 2021 for the Department of
Defense may be obligated or expended to implement any activity that
closes or returns to the host nation any existing base under the
European Consolidation Initiative.
(b) Prohibition on Closure or Return.--The Secretary of Defense
shall not implement any activity that closes or returns to the host
nation any existing base under the European Consolidation Initiative
until the Secretary certifies that there is no longer a need for a
rotational military presence in the European theater.
SEC. 2884. ENHANCEMENT OF AUTHORITY TO ACCEPT CONDITIONAL GIFTS OF REAL
PROPERTY ON BEHALF OF MILITARY MUSEUMS.
Section 2601(e)(1) of title 10, United States Code, is amended by
inserting ``a military museum,'' after ``offered to''.
SEC. 2885. EQUAL TREATMENT OF INSURED DEPOSITORY INSTITUTIONS AND
CREDIT UNIONS OPERATING ON MILITARY INSTALLATIONS.
Section 2667 of title 10, United States Code, is amended by adding
at the end the following:
``(l) Treatment of Insured Depository Institutions.--(1) Each
covered insured depository institution operating on a military
installation within the continental United States may be allotted space
or leased land on the military installation without charge for rent or
services in the same manner as a credit union organized under State law
or a Federal credit union under section 124 of the Federal Credit Union
Act (12 U.S.C. 1770) if space is available.
``(2) Each covered insured depository institution, credit union
organized under State law, and Federal credit union operating on a
military installation within the continental United States shall be
treated equally with respect to policies of the Department of Defense
governing the financial terms of leases, logistical support, services,
and utilities.
``(3) The Secretary concerned shall not be required to provide no-
cost office space or a no-cost land lease to any covered insured
depository institution, credit union organized under State law, or
Federal credit union.
``(4) In this subsection:
``(A) The term `covered insured depository institution'
means an insured depository institution that meets the
requirements applicable to a credit union organized under State
law or a Federal credit union under section 124 of the Federal
Credit Union Act (12 U.S.C. 1770). The depositors of an insured
depository institution shall be considered members for purposes
of the application of this subparagraph to that section.
``(B) The term `Federal credit union' has the meaning given
the term in section 101 of the Federal Credit Union Act (12
U.S.C. 1752).
``(C) The term `insured depository institution' has the
meaning given the term in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813).''.
SEC. 2886. REPORT ON OPERATIONAL AVIATION UNITS IMPACTED BY NOISE
RESTRICTIONS OR NOISE MITIGATION MEASURES.
(a) Report.--Not later than 90 days after the date on which the
Secretary of the Air Force or the Secretary of the Navy determines that
noise restrictions placed on an operational aviation unit under the
jurisdiction of the Secretary concerned prohibit the unit from reaching
a combat ready or deployable status or prohibit the maintaining of
aircrew currency requirements or required noise mitigation measures
become cost prohibitive to the Department of Defense, the Secretary
concerned, in consultation with the Secretary of Defense, shall submit
to the congressional defense committees a report setting forth--
(1) recommendations to preserve or restore the readiness of
such unit; and
(2) appropriate steps to be taken by the Secretary
concerned to lower the cost of noise mitigation measures.
(b) Cost Prohibitive.--A required noise mitigation measure shall be
considered cost prohibitive to the Department of Defense for purposes
of subsection (a) if the cost to implement the measure at an
installation exceeds 10 percent of the annual budget for the
installation for facilities sustainment, restoration, and
modernization.
SEC. 2887. TRANSFER OF FUNDS FOR OKLAHOMA CITY NATIONAL MEMORIAL
ENDOWMENT FUND.
Section 7(1) of the Oklahoma City National Memorial Act of 1997 (16
U.S.C. 450ss-5(1)) is amended by striking ``there is hereby
authorized'' and inserting ``the Secretary may provide, from the
National Park Service's national recreation and preservation account,
the remainder of''.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of the Navy may acquire real property and carry out
the military construction project for the installation outside the
United States, and in the amount, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Spain......................................... Rota........................................... $59,230,000
----------------------------------------------------------------------------------------------------------------
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of the Air Force may acquire real property and carry
out the military construction projects for the installations outside
the United States, and in the amounts, set forth in the following
table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Germany....................................... Ramstein....................................... $36,345,000
Spangdahlem Air Base........................... $25,824,000
Romania....................................... Campia Turzii.................................. $130,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2903. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2020, for the military construction
projects outside the United States authorized by this title as
specified in the funding table in section 4602.
SEC. 2904. REPLENISHMENT OF CERTAIN MILITARY CONSTRUCTIONS FUNDS.
(a) In General.--Of the amount authorized to be appropriated for
fiscal year 2021 by section 2903 and available as specified in the
funding table in section 4602, $3,600,000,000 shall be available for
replenishment of funds that were authorized to be appropriated by
military construction authorization Acts for fiscal years before fiscal
year 2021 for military construction projects authorized by such Acts,
but were used instead for military construction projects authorized by
section 2808 of title 10, United States Code, in connection with the
national emergency along the southern land border of the United States
declared in 2019 pursuant to the National Emergencies Act (50 U.S.C.
1601 et seq.).
(b) Replenishment by Transfer.--
(1) In general.--Any amounts available under subsection (a)
that are used for replenishment of funds as described in that
subsection shall be transferred to the account that was the
source of such funds.
(2) Inapplicability toward transfer limitations.--Any
transfer of amounts under this subsection shall not count
toward any limitation on transfer of Department of Defense
funds in section 1001 or 1512 or any other limitation on
transfer of Department of funds in law.
(3) Sunset of authority.--The authority to make transfers
under this subsection shall terminate on September 30, 2021.
(c) Use of Funds.--
(1) In general.--Amounts transferred under subsection (b)
for replenishment of funds as described in subsection (a) may
be used only for military construction projects for which such
funds were originally authorized in a military construction
authorization Act described in subsection (a).
(2) No increase in authorized amount of projects.--The
total amount of funds available for a military construction
project described in paragraph (1) may not exceed the current
amount authorized for such project by applicable military
construction authorization Acts (including this Act). A
replenishment of funds under this section for a military
construction project shall not operate to increase the
authorized amount of the project or the amount authorized to be
available for the project.
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.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2021 for
the activities of the National Nuclear Security Administration in
carrying out programs as specified in the funding table in section
4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 21-D-510, HE Synthesis, Formulation, and
Production, Pantex Plant, Amarillo, Texas, $31,000,000.
Project 21-D-511, Savannah River Plutonium Processing
Facility, Savannah River Site, Aiken, South Carolina,
$241,900,000.
Project 21-D-512, Plutonium Pit Production Project, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$226,000,000.
Project 21-D-530, KL Steam and Condensate Upgrades, Knolls
Atomic Power Laboratory, Schenectady, New York, $4,000,000.
General Plant Project, U1a.03 Test Bed Facility
Improvements, Nevada National Security Side, Nevada,
$16,000,000.
General Plant Project, TA-15 DARHT Hydro Vessel Repair
Facility, Los Alamos National Laboratory, New Mexico,
$16,500,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2021 for
defense environmental cleanup activities in carrying out programs as
specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for defense environmental cleanup
activities, the following new plant project:
Project 21-D-401, Hoisting Capability Project, Waste Isolation
Pilot Plant, Carlsbad, New Mexico, $10,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2021 for other defense activities in carrying
out programs as specified in the funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2021 for nuclear energy as specified in the
funding table in section 4701.
Subtitle B--Budget of the National Nuclear Security Administration
SEC. 3111. REVIEW OF ADEQUACY OF NUCLEAR WEAPONS BUDGET.
(a) In General.--Subtitle A of title XVII of the Atomic Energy
Defense Act (50 U.S.C. 2741 et seq.) is amended by adding at the end
the following new section:
``SEC. 4717. REVIEW OF ADEQUACY OF NUCLEAR WEAPONS BUDGET.
``(a) Review of Adequacy of Administration Budget by Nuclear
Weapons Council.--
``(1) Transmission to council.--The Secretary of Energy
shall transmit to the Nuclear Weapons Council (in this section
referred to as the `Council') a copy of the proposed budget
request of the Administration for each fiscal year before that
budget request is submitted to the Director of the Office of
Management and Budget in relation to the preparation of the
budget of the President to be submitted to Congress under
section 1105(a) of title 31, United States Code.
``(2) Review and determination of adequacy.--
``(A) Review.--The Council shall review each budget
request transmitted to the Council under paragraph (1).
``(B) Determination of adequacy.--
``(i) Inadequate requests.--If the Council
determines that a budget request for a fiscal
year transmitted to the Council under paragraph
(1) is inadequate, in whole or in part, to
implement the objectives of the Department of
Defense with respect to nuclear weapons for
that fiscal year, the Council shall submit to
the Secretary of Energy a written description
of funding levels and specific initiatives that
would, in the determination of the Council,
make the budget request adequate to implement
those objectives.
``(ii) Adequate requests.--If the Council
determines that a budget request for a fiscal
year transmitted to the Council under paragraph
(1) is adequate to implement the objectives
described in clause (i) for that fiscal year,
the Council shall submit to the Secretary of
Energy a written statement confirming the
adequacy of the request.
``(iii) Records.--The Council shall
maintain a record of each description submitted
under clause (i) and each statement submitted
under clause (ii).
``(3) Department of energy response.--
``(A) In general.--If the Council submits to the
Secretary of Energy a written description under
paragraph (2)(B)(i) with respect to the budget request
of the Administration for a fiscal year, the Secretary
shall include as an appendix to the budget request
submitted to the Director of the Office of Management
and Budget--
``(i) the funding levels and initiatives
identified in the description under paragraph
(2)(B)(i); and
``(ii) any additional comments the
Secretary considers appropriate.
``(B) Transmission to congress.--The Secretary of
Energy shall transmit to Congress, with the budget
justification materials submitted in support of the
Department of Energy budget for a fiscal year (as
submitted with the budget of the President under
section 1105(a) of title 31, United States Code), a
copy of the appendix described in subparagraph (A).
``(b) Review and Certification of Department of Energy Budget by
Nuclear Weapons Council.--
``(1) In general.--At the time the Secretary of Energy
submits the budget request of the Department of Energy for that
fiscal year to the Director of the Office of Management and
Budget in relation to the preparation of the budget of the
President, the Secretary shall transmit a copy of the budget
request of the Department to the Council.
``(2) Certification.--The Council shall--
``(A) review the budget request transmitted to the
Council under paragraph (1);
``(B) based on the review under subparagraph (A),
make a determination with respect to whether the budget
request includes the funding levels and initiatives
described in subsection (a)(2)(B)(i); and
``(C) submit to Congress--
``(i)(I) a certification that the budget
request is adequate to implement the objectives
described in subsection (a)(2)(B)(i); or
``(II) a statement that the budget request
is not adequate to implement those objectives;
and
``(ii) a copy of the written description
submitted by the Council to the Secretary under
subsection (a)(2)(B)(i), if any.''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 4716 the
following new item:
``Sec. 4717. Review of adequacy of nuclear weapons budget.''.
Subtitle C--Personnel Matters
SEC. 3121. NATIONAL NUCLEAR SECURITY ADMINISTRATION PERSONNEL SYSTEM.
(a) In General.--Subtitle C of the National Nuclear Security
Administration Act (50 U.S.C. 2441 et seq.) is amended by adding at the
end the following new section:
``SEC. 3248. ALTERNATIVE PERSONNEL SYSTEM.
``(a) In General.--The Administrator may adapt the pay banding and
performance-based pay adjustment demonstration project carried out by
the Administration under the authority provided by section 4703 of
title 5, United States Code, into a permanent alternative personnel
system for the Administration (to be known as the `National Nuclear
Security Administration Personnel System') and implement that system
with respect to employees of the Administration.
``(b) Modifications.--In adapting the demonstration project
described in subsection (a) into a permanent alternative personnel
system, the Administrator--
``(1) may, subject to paragraph (2), revise the
requirements and limitations of the demonstration project to
the extent necessary; and
``(2) shall--
``(A) ensure that the permanent alternative
personnel system is carried out in a manner consistent
with the final plan for the demonstration project
published in the Federal Register on December 21, 2007
(72 Fed. Reg. 72776);
``(B) ensure that significant changes in the system
not take effect until revisions to the plan for the
demonstration project are approved by the Office of
Personnel Management and published in the Federal
Register;
``(C) ensure that procedural modifications or
clarifications to the final plan for the demonstration
project be made through local notification processes;
``(D) authorize, and establish incentives for,
employees of the Administration to have rotational
assignments among different programs of the
Administration, the headquarters and field offices of
the Administration, and the management and operating
contractors of the Administration; and
``(E) establish requirements for employees of the
Administration who are in the permanent alternative
personnel system described in subsection (a) to be
promoted to senior-level positions in the
Administration, including requirements with respect
to--
``(i) professional training and continuing
education; and
``(ii) a certain number and types of
rotational assignments under subparagraph (D),
as determined by the Administrator.
``(c) Application to Naval Nuclear Propulsion Program.--The
Director of the Naval Nuclear Propulsion Program established pursuant
to section 4101 of the Atomic Energy Defense Act (50 U.S.C. 2511) and
section 3216 of this Act may, with the concurrence of the Secretary of
the Navy, apply the alternative personnel system under subsection (a)
to--
``(1) all employees of the Naval Nuclear Propulsion Program
in the competitive service (as defined in section 2102 of title
5, United States Code); and
``(2) all employees of the Department of Navy who are
assigned to the Naval Nuclear Propulsion Program and are in the
excepted service (as defined in section 2103 of title 5, United
States Code) (other than such employees in statutory excepted
service systems).''.
(b) Briefing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall provide a briefing to the appropriate
congressional committees on the implementation of section 3248
of the National Nuclear Security Administration Act, as added
by subsection (a).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Energy and Natural Resources
of the Senate and the Committee on Energy and Commerce
of the House of Representatives; and
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives.
(c) Conforming Amendments.--Section 3116 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1888; 50 U.S.C. 2441 note prec) is amended--
(1) by striking subsections (a) and (d); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(d) Clerical Amendment.--The table of contents for the National
Nuclear Security Administration Act is amended by inserting after the
item relating to section 3247 the following new item:
``Sec. 3248. Alternative 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.
Section 1204(9) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10284(9)) is amended--
(1) in subparagraph (D), by striking ``or'' at the end;
(2) in subparagraph (E)(ii), by striking the period at the
end and inserting ``; or''; and
(3) by adding at the end the following:
``(F) an employee or contractor of the Department
of Energy who--
``(i) is--
``(I) a nuclear materials courier
(as defined in section 8331(27) of
title 5, United States Code); or
``(II) designated by the Secretary
of Energy as a member of an emergency
response team; and
``(ii) is performing official duties of the
Department, pursuant to a deployment order
issued by the Secretary, to protect the public,
property, or the interests of the United States
by--
``(I) assessing, locating,
identifying, securing, rendering safe,
or disposing of weapons of mass
destruction (as defined in section 1403
of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C.
2302)); or
``(II) managing the immediate
consequences of a radiological release
or exposure.''.
SEC. 3123. REIMBURSEMENT FOR LIABILITY INSURANCE FOR NUCLEAR MATERIALS
COURIERS.
Section 636(c)(2) of division A of the Treasury, Postal Service,
and General Government Appropriations Act, 1997 (Public Law 104-208; 5
U.S.C. prec. 5941 note) is amended by striking ``or under'' and all
that follows and inserting the following: ``a special agent under
section 203 of the Omnibus Diplomatic Security and Antiterrorism Act of
1986 (22 U.S.C. 4823), or a nuclear materials courier (as defined in
section 8331(27) of such title 5);''.
SEC. 3124. TRANSPORTATION AND MOVING EXPENSES FOR IMMEDIATE FAMILY OF
DECEASED NUCLEAR MATERIALS COURIERS.
Section 5724d(c)(1) of title 5, United States Code, is amended--
(1) in subparagraph (B), by striking ``; and'' and
inserting a semicolon; and
(2) by adding at the end the following:
``(D) any nuclear materials courier, as defined in
section 8331(27); and''.
SEC. 3125. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 4601(c) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)) is amended by striking ``September 30, 2020'' and inserting
``September 30, 2021''.
Subtitle D--Cybersecurity
SEC. 3131. REPORTING ON PENETRATIONS OF NETWORKS OF CONTRACTORS AND
SUBCONTRACTORS.
(a) In General.--Subtitle A of title XLV of the Atomic Energy
Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at the end
the following new section:
``SEC. 4511. REPORTING ON PENETRATIONS OF NETWORKS OF CONTRACTORS AND
SUBCONTRACTORS.
``(a) Procedures for Reporting Penetrations.--The Administrator
shall establish procedures that require each contractor and
subcontractor to report to the Chief Information Officer when a covered
network of the contractor or subcontractor that meets the criteria
established pursuant to subsection (b) is successfully penetrated.
``(b) Establishment of Criteria for Covered Networks.--
``(1) In general.--The Administrator shall, in consultation
with the officials specified in paragraph (2), establish
criteria for covered networks to be subject to the procedures
for reporting penetrations under subsection (a).
``(2) Officials specified.--The officials specified in this
paragraph are the following officials of the Administration:
``(A) The Deputy Administrator for Defense
Programs.
``(B) The Associate Administrator for Acquisition
and Project Management.
``(C) The Chief Information Officer.
``(D) Any other official of the Administration the
Administrator considers necessary.
``(c) Procedure Requirements.--
``(1) Rapid reporting.--
``(A) In general.--The procedures established
pursuant to subsection (a) shall require each
contractor or subcontractor to submit to the Chief
Information Officer a report on each successful
penetration of a covered network of the contractor or
subcontractor that meets the criteria established
pursuant to subsection (b) not later than 60 days after
the discovery of the successful penetration.
``(B) Elements.--Subject to subparagraph (C), each
report required by subparagraph (A) with respect to a
successful penetration of a covered network of a
contractor or subcontractor shall include the
following:
``(i) A description of the technique or
method used in such penetration.
``(ii) A sample of the malicious software,
if discovered and isolated by the contractor or
subcontractor, involved in such penetration.
``(iii) A summary of information created by
or for the Administration in connection with
any program of the Administration that has been
potentially compromised as a result of such
penetration.
``(C) Avoidance of delays in reporting.--If a
contractor or subcontractor is not able to obtain all
of the information required by subparagraph (B) to be
included in a report required by subparagraph (A) by
the date that is 60 days after the discovery of a
successful penetration of a covered network of the
contractor or subcontractor, the contractor or
subcontractor shall--
``(i) include in the report all information
available as of that date; and
``(ii) provide to the Chief Information
Officer the additional information required by
subparagraph (B) as the information becomes
available.
``(2) Access to equipment and information by administration
personnel.--Concurrent with the establishment of the procedures
pursuant to subsection (a), the Administrator shall establish
procedures to be used if information owned by the
Administration was in use during or at risk as a result of the
successful penetration of a covered network--
``(A) in order to--
``(i) in the case of a penetration of a
covered network of a management and operating
contractor, enhance the access of personnel of
the Administration to Government-owned
equipment and information; and
``(ii) in the case of a penetration of a
covered network of a contractor or
subcontractor that is not a management and
operating contractor, facilitate the access of
personnel of the Administration to the
equipment and information of the contractor or
subcontractor; and
``(B) which shall--
``(i) include mechanisms for personnel of
the Administration to, upon request, obtain
access to equipment or information of a
contractor or subcontractor necessary to
conduct forensic analysis in addition to any
analysis conducted by the contractor or
subcontractor;
``(ii) provide that a contractor or
subcontractor is only required to provide
access to equipment or information as described
in clause (i) to determine whether information
created by or for the Administration in
connection with any program of the
Administration was successfully exfiltrated
from a network of the contractor or
subcontractor and, if so, what information was
exfiltrated; and
``(iii) provide for the reasonable
protection of trade secrets, commercial or
financial information, and information that can
be used to identify a specific person.
``(3) Dissemination of information.--The procedures
established pursuant to subsection (a) shall allow for limiting
the dissemination of information obtained or derived through
such procedures so that such information may be disseminated
only to entities--
``(A) with missions that may be affected by such
information;
``(B) that may be called upon to assist in the
diagnosis, detection, or mitigation of cyber incidents;
``(C) that conduct counterintelligence or law
enforcement investigations; or
``(D) for national security purposes, including
cyber situational awareness and defense purposes.
``(d) Definitions.--In this section:
``(1) Chief information officer.--The term `Chief
Information Officer' means the Associate Administrator for
Information Management and Chief Information Officer of the
Administration.
``(2) Contractor.--The term `contractor' means a private
entity that has entered into a contract or contractual action
of any kind with the Administration to furnish supplies,
equipment, materials, or services of any kind.
``(3) Covered network.--The term `covered network' includes
any network or information system that accesses, receives, or
stores--
``(A) classified information; or
``(B) sensitive unclassified information germane to
any program of the Administration, as determined by the
Administrator.
``(4) Subcontractor.--The term `subcontractor' means a
private entity that has entered into a contract or contractual
action with a contractor or another subcontractor to furnish
supplies, equipment, materials, or services of any kind in
connection with another contract in support of any program of
the Administration.''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating to
section 4510 the following new item:
``Sec. 4511. Reporting on penetrations of networks of contractors and
subcontractors.''.
SEC. 3132. CLARIFICATION OF RESPONSIBILITY FOR CYBERSECURITY OF
NATIONAL NUCLEAR SECURITY ADMINISTRATION FACILITIES.
(a) Establishment of Chief Information Officer.--Subtitle B of the
National Nuclear Security Administration Act (50 U.S.C. 2421 et seq.)
is amended by adding at the end the following new section:
``SEC. 3237. CHIEF INFORMATION OFFICER.
``There is within the Administration a Chief Information Officer,
who shall be--
``(1) appointed by the Administrator; and
``(2) responsible for the development and implementation of
cybersecurity for all facilities of the Administration.''.
(b) Conforming Amendment.--Section 3232(b)(3) of the National
Nuclear Security Administration Act (50 U.S.C. 2422(b)(3)) is amended
by striking ``and cyber''.
(c) Clerical Amendment.--The table of contents for the National
Nuclear Security Administration Act is amended by inserting after the
item relating to section 3236 the following new item:
``Sec. 3237. Chief Information Officer.''.
Subtitle E--Defense Environmental Cleanup
SEC. 3141. PUBLIC STATEMENT OF ENVIRONMENTAL LIABILITIES FOR FACILITIES
UNDERGOING DEFENSE ENVIRONMENTAL CLEANUP.
(a) In General.--Subtitle A of title XLIV of the Atomic Energy
Defense Act (50 U.S.C. 2581 et seq.) is amended by adding at the end
the following new section:
``SEC. 4410. PUBLIC STATEMENT OF ENVIRONMENTAL LIABILITIES.
``Each year, at the same time that the Department of Energy submits
its annual financial report under section 3516 of title 31, United
States Code, the Secretary of Energy shall make available to the public
a statement of environmental liabilities, as calculated for the most
recent audited financial statement of the Department under section 3515
of that title, for each defense nuclear facility at which defense
environmental cleanup activities are occurring.''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating to
section 4409 the following new item:
``Sec. 4410. Public statement of environmental liabilities.''.
SEC. 3142. INCLUSION OF MISSED MILESTONES IN FUTURE-YEARS DEFENSE
ENVIRONMENTAL CLEANUP PLAN.
Section 4402A(b)(3) of the Atomic Energy Defense Act (50 U.S.C.
2582A(b)(3)) is amended by adding at the end the following:
``(D) For any milestone that has been missed,
renegotiated, or postponed, a statement of the current
milestone, the original milestone, and any interim
milestones.''.
SEC. 3143. CLASSIFICATION OF DEFENSE ENVIRONMENTAL CLEANUP AS CAPITAL
ASSET PROJECTS OR OPERATIONS ACTIVITIES.
(a) In General.--The Assistant Secretary of Energy for
Environmental Management, in consultation with other appropriate
officials of the Department of Energy, shall establish requirements for
the classification of defense environmental cleanup projects as capital
asset projects or operations activities.
(b) Report Required.--Not later than March 1, 2021, the Assistant
Secretary shall submit to the congressional defense committees a
report--
(1) setting forth the requirements established under
subsection (a); and
(2) assessing whether any ongoing defense environmental
cleanup projects should be reclassified based on those
requirements.
SEC. 3144. CONTINUED ANALYSIS OF APPROACHES FOR SUPPLEMENTAL TREATMENT
OF LOW-ACTIVITY WASTE AT HANFORD NUCLEAR RESERVATION.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Energy shall enter into an
arrangement with a federally funded research and development center to
conduct a follow-on analysis to the analysis required by section 3134
of the National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2769) with respect to approaches for treating
the portion of low-activity waste at the Hanford Nuclear Reservation,
Richland, Washington, intended for supplemental treatment.
(b) Comparison of Alternatives to Aid Decisionmaking.--The analysis
required by subsection (a) shall be designed, to the greatest extent
possible, to provide decisionmakers with the ability to make a direct
comparison between approaches for the supplemental treatment of low-
activity waste at the Hanford Nuclear Reservation based on criteria
that are relevant to decisionmaking and most clearly differentiate
between approaches.
(c) Elements.--The analysis required by subsection (a) shall
include an assessment of the following:
(1) The most effective potential technology for
supplemental treatment of low-activity waste that will produce
an effective waste form, including an assessment of the
following:
(A) The maturity and complexity of the technology.
(B) The extent of previous use of the technology.
(C) The life cycle costs and duration of use of the
technology.
(D) The effectiveness of the technology with
respect to immobilization.
(E) The performance of the technology expected
under permanent disposal.
(2) The differences among approaches for the supplemental
treatment of low-activity waste considered as of the date of
the analysis.
(3) The compliance of such approaches with the technical
standards described in section 3134(b)(2)(D) of section 3134 of
the National Defense Authorization Act for Fiscal Year 2017.
(4) The differences among potential disposal sites for the
waste form produced through such treatment, including
mitigation of radionuclides, including technetium-99, selenium-
79, and iodine-129, on a system level.
(5) Potential modifications to the design of facilities to
enhance performance with respect to disposal of the waste form
to account for the following:
(A) Regulatory compliance.
(B) Public acceptance.
(C) Cost.
(D) Safety.
(E) The expected radiation dose to maximally
exposed individuals over time.
(F) Differences among disposal environments.
(6) Approximately how much and what type of pretreatment is
needed to meet regulatory requirements regarding long-lived
radionuclides and hazardous chemicals to reduce disposal costs
for radionuclides described in paragraph (4).
(7) Whether the radionuclides can be left in the waste form
or economically removed and bounded at a system level by the
performance assessment of a potential disposal site and, if the
radionuclides cannot be left in the waste form, how to account
for the secondary waste stream.
(8) Other relevant factors relating to the technology
described in paragraph (1), including the following:
(A) The costs and risks in delays with respect to
tank performance over time.
(B) Consideration of experience with treatment
methods at other sites and commercial facilities.
(C) Outcomes of the test bed initiative of the
Office of Environmental Management at the Hanford
Nuclear Reservation.
(d) Review, Consultation, Submission, and Limitations.--The
provision of subsections (c) through (f) of section 3134 of the
National Defense Authorization Act for Fiscal Year 2017 shall apply
with respect to the analysis required by subsection (a) to the same
extent and in the same manner that such provisions applied with respect
to the analysis required by subsection (a) of such section 3134, except
that subsection (e) of such section shall be applied and administered
by substituting ``the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2021'' for ``the date of the
enactment of this Act'' each place it appears.
Subtitle F--Other Matters
SEC. 3151. MODIFICATIONS TO ENHANCED PROCUREMENT AUTHORITY TO MANAGE
SUPPLY CHAIN RISK.
Section 4806 of the Atomic Energy Defense Act (50 U.S.C. 2786) is
amended--
(1) in subsections (a) and (c), by inserting ``or special
exclusion action'' after ``covered procurement action'' each
place it appears;
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Delegation of Authority.--The Secretary may delegate the
authority under this section to--
``(1) in the case of the Administration, the Administrator;
and
``(2) in the case of any other component of the Department
of Energy, the Senior Procurement Executive of the
Department.''; and
(4) in subsection (f), as redesignated by paragraph (2)--
(A) by redesignating paragraph (6) as paragraph
(7); and
(B) by inserting after paragraph (5) the following
new paragraph (6):
``(6) Special exclusion action.--The term `special
exclusion action' means an action to prohibit, for a period not
to exceed two years, the award of any contracts or subcontracts
by the Administration or any other component of the Department
of Energy related to any covered system to a source the
Secretary determines to represent a supply chain risk.''.
SEC. 3152. PROHIBITION ON USE OF LABORATORY- OR PRODUCTION FACILITY-
DIRECTED RESEARCH AND DEVELOPMENT FUNDS FOR GENERAL AND
ADMINISTRATIVE OVERHEAD COSTS.
Section 4811 of the Atomic Energy Defense Act (50 U.S.C. 2791), as
amended by section 3152, is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Prohibition on Use of Funds for Overhead.--Funds provided to
a national security laboratory or nuclear weapons production facility
for laboratory- or production facility-directed research and
development may not be used to cover the costs of general and
administrative overhead for the laboratory or facility.''.
SEC. 3153. MONITORING OF INDUSTRIAL BASE FOR NUCLEAR WEAPONS
COMPONENTS, SUBSYSTEMS, AND MATERIALS.
(a) Designation of Official.--Not later than March 1, 2021, the
Administrator for Nuclear Security shall designate a senior official
within the National Nuclear Security Administration to be responsible
for monitoring the industrial base that supports the nuclear weapons
components, subsystems, and materials of the Administration,
including--
(1) the consistent monitoring of the current status of the
industrial base;
(2) tracking of industrial base issues over time; and
(3) proactively identifying gaps or risks in specific areas
relating to the industrial base.
(b) Provision of Resources.--The Administrator shall ensure that
the official designated under subsection (a) is provided with resources
sufficient to conduct the monitoring required by that subsection.
(c) Consultations.--The Administrator, acting through the official
designated under subsection (a), shall, to the extent practicable and
beneficial, in conducting the monitoring required by that subsection,
consult with--
(1) officials of the Department of Defense who are members
of the Nuclear Weapons Council established under section 179 of
title 10, United States Code;
(2) officials of the Department of Defense responsible for
the defense industrial base; and
(3) other components of the Department of Energy that rely
on similar components, subsystems, or materials.
(d) Briefings.--
(1) Initial briefing.--Not later than April 1, 2021, the
Administrator shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on
the designation of the official required by subsection (a),
including on--
(A) the responsibilities assigned to that official;
and
(B) the plan for providing that official with
resources sufficient to conduct the monitoring required
by subsection (a).
(2) Subsequent briefings.--Not later than April 1, 2022,
and annually thereafter through 2024, the Administrator shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on activities carried
out under this section that includes an assessment of the
progress made by the official designated under subsection (a)
in conducting the monitoring required by that subsection.
SEC. 3154. PROHIBITION ON USE OF FUNDS FOR ADVANCED NAVAL NUCLEAR FUEL
SYSTEM BASED ON LOW-ENRICHED URANIUM.
(a) In General.--None of the funds authorized to be appropriated
for the National Nuclear Security Administration for fiscal year 2021
may be obligated or expended to conduct research and development of an
advanced naval nuclear fuel system based on low-enriched uranium until
the following certifications are submitted to the congressional defense
committees:
(1) A joint certification of the Secretary of Energy and
the Secretary of Defense that the determination made by the
Secretary of Energy and the Secretary of the Navy pursuant to
section 3118(c)(1) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1196) and
submitted to the congressional defense committees on March 25,
2018, that the United States should not pursue such research
and development, no longer reflects the policy of the United
States.
(2) A certification of the Secretary of the Navy that an
advanced naval nuclear fuel system based on low-enriched
uranium would not reduce vessel capability, increase expense,
or reduce operational availability as a result of refueling
requirements.
(b) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Administrator for Nuclear Security shall
submit to the congressional defense committees a report on activities
conducted using amounts made available for fiscal year 2020 for
nonproliferation fuels development, including a description of progress
made toward technological or nonproliferation goals.
SEC. 3155. AUTHORIZATION OF APPROPRIATIONS FOR W93 NUCLEAR WARHEAD
PROGRAM.
In accordance with section 4209(a)(1)(B) of the Atomic Energy
Defense Act (50 U.S.C. 2529(a)(1)(B)), funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2021 for
the W93 nuclear warhead program as specified in the funding table in
section 4701.
SEC. 3156. REVIEW OF FUTURE OF COMPUTING BEYOND EXASCALE AT THE
NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--The Administrator for Nuclear Security, in
consultation with the Secretary of Energy, shall enter into an
agreement with the National Academy of Science to review the future of
computing beyond exascale computing to meet national security needs at
the National Nuclear Security Administration.
(b) Elements.--The review required by subsection (a) shall address
the following:
(1) Future computing needs of the National Nuclear Security
Administration that exascale computing will not accomplish
during the 20 years after the date of the enactment of this
Act.
(2) Computing architectures that potentially can meet those
needs, including--
(A) classical computing architectures employed as
of such date of enactment;
(B) quantum computing architectures and other novel
computing architectures;
(C) hybrid combinations of classical and quantum
computing architectures; and
(D) other architectures as necessary.
(3) The development of software for the computing
architectures described in paragraph (2).
(4) The maturity of the computing architectures described
in paragraph (2) and the software described in paragraph (3),
with key obstacles that must be overcome for the employment of
such architectures and software.
(5) The secure industrial base that exists as of the date
of the enactment of this Act to meet the unique needs of
computing at the National Nuclear Security Administration,
including needs with respect to--
(A) personnel;
(B) microelectronics; and
(C) other appropriate matters.
(c) Information and Clearances.--The Administrator shall ensure
that personnel of the National Academy of Sciences overseeing the
implementation of the agreement required by subsection (a) or
conducting the review required by that subsection receive, in a timely
manner, access to information and necessary security clearances to
enable the conduct of the review.
(d) Report Required.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the National Academy of Sciences
shall submit to the congressional defense committees a report
on the findings of the review required by subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(e) Exascale Computing Defined.--In this section, the term
``exascale computing'' means computing through the use of a computing
machine that performs near or above 10 to the 18th power floating point
operations per second.
SEC. 3157. APPLICATION OF REQUIREMENT FOR INDEPENDENT COST ESTIMATES
AND REVIEWS TO NEW NUCLEAR WEAPON SYSTEMS.
Section 4217(b)(1) of the Atomic Energy Defense Act (50 U.S.C.
2537(b)(1)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by inserting ``, and each new
nuclear weapon system at the completion of phase 2A''
after ``phase 6.2A'';
(B) in clause (ii), by inserting ``, and each new
nuclear weapon system at the completion of phase 3''
after ``phase 6.3''; and
(C) in clause (iii)--
(i) by inserting ``, and each new nuclear
weapon system at the completion of phase 4''
after ``phase 6.4''; and
(ii) by inserting ``or 5, as applicable''
after ``phase 6.5''; and
(2) in subparagraph (B), by inserting ``, and each new
nuclear weapon system at the completion of phase 2'' after
``phase 6.2''.
SEC. 3158. EXTENSION AND EXPANSION OF LIMITATIONS ON IMPORTATION OF
URANIUM FROM RUSSIAN FEDERATION.
(a) In General.--Section 3112A of the USEC Privatization Act (42
U.S.C. 2297h-10a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following:
``(7) Suspension agreement.--The term `Suspension
Agreement' has the meaning given that term in section
3102(13).'';
(2) in subsection (b)--
(A) by striking ``United States to support'' and
inserting the following: ``United States--
``(1) to support'';
(B) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following:
``(2) that reliance on uranium imports raises significant
national security concerns;
``(3) to revive and strengthen the supply chain for nuclear
fuel produced and used in the United States; and
``(4) to expand production of nuclear fuel in the United
States.''; and
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``After'' and inserting
``Except as provided in subparagraph (B),
after'';
(ii) in subparagraph (A)--
(I) in clause (vi), by striking ``;
and'' and inserting a semicolon;
(II) in clause (vii), by striking
the period at the end and inserting a
semicolon; and
(III) by adding at the end the
following:
``(viii) in calendar year 2021, 422,038
kilograms;
``(ix) in calendar year 2022, 415,573
kilograms;
``(x) in calendar year 2023, 409,445
kilograms;
``(xi) in calendar year 2024, 404,469
kilograms;
``(xii) in calendar year 2025, 399,241
kilograms;
``(xiii) in calendar year 2026, 393,985
kilograms;
``(xiv) in calendar year 2027, 389,656
kilograms;
``(xv) in calendar year 2028, 389,656
kilograms;
``(xvi) in calendar year 2029, 384,905
kilograms;
``(xvii) in calendar year 2030, 375,882
kilograms;
``(xviii) in calendar year 2031, 372,171
kilograms;
``(xix) in calendar year 2032, 364,694
kilograms;
``(xx) in calendar year 2033, 359,353
kilograms;
``(xxi) in calendar year 2034, 337,344
kilograms; and
``(xxii) in calendar year 2035, 333,296
kilograms.'';
(iii) by redesignating subparagraph (B) as
subparagraph (D); and
(iv) by inserting after subparagraph (A)
the following:
``(B) Harmonization with suspension agreement.--
``(i) In general.--If, not later than
December 31, 2020, the Department of Commerce
and the Russian Federation finalize an
amendment to the Suspension Agreement to extend
the Agreement, the import limitations under
subparagraph (A) for a calendar year shall be
superceded by any export limitations, including
the associated calculation parameters, agreed
to by the Department of Commerce as part of
that amendment.
``(ii) Termination of suspension
agreement.--If the Suspension Agreement
terminates or expires, the import limitations
specified in subparagraph (A) shall--
``(I) take effect on the date on
which the Suspension Agreement
terminates or expires; and
``(II) apply in addition to any
antidumping duties imposed pursuant to
title VII of the Tariff Act of 1930 (19
U.S.C. 1671 et seq.) with respect to
low-enriched uranium produced in the
Russian Federation.
``(C) Separative work units requirement.--Not more
than 25 percent of the quantity of low-enriched uranium
produced in the Russian Federation and imported under
subparagraph (A) in any year may be imported under
contracts other than contracts exclusively for
separative work units.'';
(B) in paragraph (3), by striking ``United States--
'' and all that follows and inserting the following:
``United States for processing and to be certified for
reexportation and not for consumption in the United
States.'';
(C) in paragraph (5)--
(i) in subparagraph (A)--
(I) by striking ``reference data''
and all that follows through ``2019''
and inserting the following: ``lower
scenario data in the document of the
World Nuclear Association entitled
`Nuclear Fuel Report: Global Scenarios
for Demand and Supply Availability
2019-2040'. In each of calendar years
2023, 2027, and 2031''; and
(II) by striking ``report or a
subsequent report'' and inserting
``document'';
(ii) by redesignating subparagraphs (B) and
(C) as subpagraphs (C) and (D), respectively;
(iii) by inserting after subparagraph (A)
the following:
``(B) Report required.--Not later than one year
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2021, and every 3
years thereafter, the Secretary shall submit to
Congress a report that includes--
``(i) a recommendation on the use of all
publicly available data to ensure accurate
forecasting by scenario data to comport to
actual demand for low-enriched uranium for
nuclear reactors in the United States; and
``(ii) an identification of the steps to be
taken to adjust the import limitations
described in paragraph (2)(A) based on the most
accurate scenario data.''; and
(iv) in subparagraph (D), as redesignated
by clause (ii), by striking ``subparagraph
(B)'' and inserting ``subparagraph (D)'';
(D) in paragraph (6), in the matter preceding
subparagraph (A), by striking ``the adjustment under
paragraph (5)(A)'' and inserting ``any adjustment under
paragraph (2)(B) or (5)(A)'';
(E) in paragraph (7)(A), by striking ``0.3
percent'' and inserting ``0.22 percent'';
(F) in paragraph (9), by striking ``2020'' and
inserting ``2035'';
(G) by striking ``(2)(B)'' each place it appears
and inserting ``(2)(D)''; and
(H) in paragraph (12)(B), by inserting ``or the
Suspension Agreement'' after ``the Russian HEU
Agreement''.
(b) Applicability.--The amendments made by subsection (a) apply
with respect to uranium imported from the Russian Federation on or
after January 1, 2021.
SEC. 3159. INTEGRATION OF STOCKPILE STEWARDSHIP AND NONPROLIFERATION
MISSIONS.
(a) Sense of Senate.--It is the sense of the Senate that, in
recognition of the close relationships between the nuclear weapons
expertise and infrastructure of the national security laboratories (as
defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C.
2501)), those laboratories should continue to apply their capabilities
to assessing, understanding, and countering current and emerging
nuclear threats, including the nuclear capabilities of adversaries of
the United States.
(b) Integration.--The Secretary of Energy shall ensure that the
capabilities of the stockpile stewardship program under section 4201 of
the Atomic Energy Defense Act (50 U.S.C. 2521) are available to assess
proliferation challenges, nuclear capabilities of adversaries of the
United States, and related safeguards.
SEC. 3160. TECHNOLOGY DEVELOPMENT AND INTEGRATION PROGRAM.
The Administrator for Nuclear Security shall establish a technology
development and integration program to improve the safety and security
of the nuclear weapons stockpile, and to prevent proliferation, through
research and development, engineering, and integration of technologies
applicable to multiple weapons systems in the stockpile.
SEC. 3161. ADVANCED MANUFACTURING DEVELOPMENT PROGRAM.
The Administrator for Nuclear Security shall establish an advanced
manufacturing development program to focus on the development,
demonstration, and deployment of next-generation processes and
manufacturing tools to ensure that the nuclear weapons stockpile is
safe and secure.
SEC. 3162. MATERIALS SCIENCE PROGRAM.
The Administrator for Nuclear Security shall establish a materials
science program to develop new materials to replace materials that are
no longer available for weapons sustainment.
SEC. 3163. MODIFICATIONS TO INERTIAL CONFINEMENT FUSION IGNITION AND
HIGH YIELD PROGRAM.
(a) In General.--The Inertial Confinement Fusion Ignition and High
Yield Program of the National Nuclear Security Administration (in this
section referred to as the ``Program'') shall provide the scientific
understanding and experimental capabilities required to validate the
safety and effectiveness of the nuclear weapons stockpile.
(b) Recommendations Relating to High Energy Density Physics.--
(1) Establishment of working group.--The Administrator for
Nuclear Security shall establish a working group to identify
and implement any recommendations issued by the National
Academies of Sciences, Engineering, and Medicine as required by
section 3137 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92).
(2) Report required.--Not later than March 31, 2021, the
Administrator shall submit to the congressional defense
committees a report on the timelines for completing
implementation of the recommendations described in paragraph
(1).
SEC. 3164. EARNED VALUE MANAGEMENT PROGRAM FOR LIFE EXTENSION PROGRAMS.
(a) In General.--Subtitle A of title XLII of the Atomic Energy
Defense Act (50 U.S.C. 2521 et seq.) is amended by adding at the end
the following new section:
``SEC. 4223. EARNED VALUE MANAGEMENT PROGRAM FOR LIFE EXTENSION
PROGRAMS.
``(a) In General.--The Administrator shall establish an earned
value management program to establish earned value management
standards--
``(1) to ensure specific benchmarks are set for technology
readiness for life extension programs; and
``(2) to ensure that appropriate risk mitigation measures
are taken to meet the cost and schedule requirements of such
programs.
``(b) Review of Contractor Earned Value Management Systems.--The
Administrator shall enter into an arrangement with an independent
entity under which that entity shall review and determine whether the
earned value management standards of contractors of the Administration
for life extension programs are consistent with the standards
established under subsection (a).
``(c) Reconciliation of Cost Estimates.--The Administrator shall
ensure that key decisions of the Administration concerning project
milestones in life extension programs are based on a reconciliation of
cost estimates of the Administration with any independent cost
estimates conducted by the Director of Cost Estimating and Program
Evaluation.''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating to
section 4222 the following new item:
``Sec. 4223. Earned value management program for life extension
programs.''.
SEC. 3165. USE OF HIGH PERFORMANCE COMPUTING CAPABILITIES FOR COVID-19
RESEARCH.
The Secretary of Energy shall make the unclassified high
performance computing capabilities of the Department of Energy
available for research relating to the coronavirus disease 2019
(commonly known as ``COVID-19'') so long as and to the extent that
doing so does not negatively affect the stockpile stewardship mission
of the National Nuclear Security Administration.
SEC. 3166. AVAILABILITY OF STOCKPILE RESPONSIVENESS FUNDS FOR PROJECTS
TO REDUCE TIME NECESSARY TO EXECUTE A NUCLEAR TEST.
From amounts authorized to be appropriated by section 3101 and
available, as specified in the funding table in section 4701, for the
Stockpile Responsiveness Program under section 4220 of the Atomic
Energy Defense Act (50 U.S.C. 2538b), not less than $10,000,000 shall
be made available to carry out projects related to reducing the time
required to execute a nuclear test if necessary.
SEC. 3167. SENSE OF THE SENATE ON EXTENSION OF LIMITATIONS ON
IMPORTATION OF URANIUM FROM RUSSIAN FEDERATION.
It is the sense of the Senate that--
(1) a secure nuclear fuel supply chain is essential to the
economic and national security of the United States;
(2) the United States should--
(A) expeditiously complete negotiation of an
extension of the Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation
(commonly referred to as the ``Russian Suspension
Agreement''); or
(B) if an agreement to extend the Russian
Suspension Agreement cannot be reached, complete the
antidumping investigation under title VII of the Tariff
Act of 1930 (19 U.S.C. 1671 et seq.) with respect to
imports of uranium from the Russian Federation--
(i) to avoid unfair trade in uranium and
maintain a nuclear fuel supply chain in the
United States, consistent with the national
security and nonproliferation goals of the
United States; and
(ii) to protect the United States nuclear
fuel supply chain from the continued
manipulation of the global and United States
uranium markets by the Russian Federation and
Russian-influenced competitors;
(3) a renegotiated, long-term extension of the Russian
Suspension Agreement can prevent adversaries of the United
States from monopolizing the nuclear fuel supply chain;
(4) as was done in 2008, upon completion of a new
negotiated long-term extension of the Russian Suspension
Agreement, Congress should enact legislation to codify the
terms of extension into law to ensure long-term stability for
the domestic nuclear fuel supply chain; and
(5) if the negotiations to extend the Russian Suspension
Agreement prove unsuccessful, Congress should be prepared to
enact legislation to prevent the manipulation by the Russian
Federation of global uranium markets and potential domination
by the Russian Federation of the United States uranium market.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2021,
$28,836,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
SEC. 3202. NONPUBLIC COLLABORATIVE DISCUSSIONS BY DEFENSE NUCLEAR
FACILITIES SAFETY BOARD.
Section 313 of the Atomic Energy Act of 1954 (42 U.S.C. 2286b) is
amended by adding at the end the following new subsection:
``(k) Nonpublic Collaborative Discussions.--
``(1) In general.--Notwithstanding section 552b of title 5,
United States Code, a quorum of the members of the Board may
hold a meeting that is not open to public observation to
discuss official business of the Board if--
``(A) no formal or informal vote or other official
action is taken at the meeting;
``(B) each individual present at the meeting is a
member or an employee of the Board;
``(C) at least one member of the Board from each
political party is present at the meeting, unless all
members of the Board are of the same political party at
the time of the meeting; and
``(D) the general counsel of the Board, or a
designee of the general counsel, is present at the
meeting.
``(2) Disclosure of nonpublic collaborative discussions.--
``(A) In general.--Except as provided by
subparagraph (B), not later than two business days
after the conclusion of a meeting described in
paragraph (1), the Board shall make available to the
public, in a place easily accessible to the public--
``(i) a list of the individuals present at
the meeting; and
``(ii) a summary of the matters, including
key issues, discussed at the meeting, except
for any matter the Board properly determines
may be withheld from the public under section
552b(c) of title 5, United States Code.
``(B) Information about matters withheld from
public.--If the Board properly determines under
subparagraph (A)(ii) that a matter may be withheld from
the public under section 552b(c) of title 5, United
States Code, the Board shall include in the summary
required by that subparagraph as much general
information as possible with respect to the matter.
``(3) Rules of construction.--Nothing in this subsection
may be construed--
``(A) to limit the applicability of section 552b of
title 5, United States Code, with respect to--
``(i) a meeting of the members of the Board
other than a meeting described in paragraph
(1); or
``(ii) any information that is proposed to
be withheld from the public under paragraph
(2)(A)(ii); or
``(B) to authorize the Board to withhold from any
individual any record that is accessible to that
individual under section 552a of title 5, United States
Code.''.
SEC. 3203. IMPROVEMENTS TO OPERATIONS OF DEFENSE NUCLEAR FACILITIES
SAFETY BOARD.
(a) Mission of Board.--Section 312(a) of the Atomic Energy Act of
1954 (42 U.S.C. 2286a(a)) is amended by striking ``employees and
contractors at such facilities'' and inserting ``workers at such
facilities conducting activities covered by part 830 of title 10, Code
of Federal Regulations (or any successor regulation)''.
(b) Cooperation.--Section 314(a) of the Atomic Energy Act of 1954
(42 U.S.C. 2286c(a)) is amended--
(1) by inserting ``(1)'' before ``Except''; and
(2) by adding at the end the following new paragraph:
``(2) For purposes of this subsection, the term `unfettered
access', with respect to a facility or personnel of or information
related to a facility, means access equivalent to the access to the
facility, personnel, or information provided to a regular employee of
the facility, after proper identification and compliance with
applicable access control measures for security, radiological
protection, and personal safety.''.
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. MARITIME ADMINISTRATION.
Section 109 of title 49, United States Code, is amended to read as
follows:
``Sec. 109. Maritime Administration
``(a) Organization and Mission.--The Maritime Administration is an
administration in the Department of Transportation. The mission of the
Maritime Administration is to foster, promote, and develop the merchant
maritime industry of the United States.
``(b) Maritime Administrator.--The head of the Maritime
Administration is the Maritime Administrator, who is appointed by the
President by and with the advice and consent of the Senate. The
Administrator shall report directly to the Secretary of Transportation
and carry out the duties prescribed by the Secretary.
``(c) Deputy Maritime Administrator.--The Maritime Administration
shall have a Deputy Maritime Administrator, who is appointed in the
competitive service by the Secretary, after consultation with the
Administrator. The Deputy Administrator shall carry out the duties
prescribed by the Administrator. The Deputy Administrator shall be
Acting Administrator during the absence or disability of the
Administrator and, unless the Secretary designates another individual,
during a vacancy in the office of Administrator.
``(d) Duties and Powers Vested in Secretary.--All duties and powers
of the Maritime Administration are vested in the Secretary.
``(e) Regional Offices.--The Maritime Administration shall have
regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port
ranges, and may have other regional offices as necessary. The Secretary
shall appoint a qualified individual as Director of each regional
office. The Secretary shall carry out appropriate activities and
programs of the Maritime Administration through the regional offices.
``(f) Interagency and Industry Relations.--The Secretary shall
establish and maintain liaison with other agencies, and with
representative trade organizations throughout the United States,
concerned with the transportation of commodities by water in the export
and import foreign commerce of the United States, for the purpose of
securing preference to vessels of the United States for the
transportation of those commodities.
``(g) Detailing Officers From Armed Forces.--To assist the
Secretary in carrying out duties and powers relating to the Maritime
Administration, not more than five officers of the Armed Forces may be
detailed to the Secretary at any one time, in addition to details
authorized by any other law. During the period of a detail, the
Secretary shall pay the officer an amount that, when added to the
officer's pay and allowances as an officer in the Armed Forces, makes
the officer's total pay and allowances equal to the amount that would
be paid to an individual performing work the Secretary considers to be
of similar importance, difficulty, and responsibility as that performed
by the officer during the detail.
``(h) Contracts, Cooperative Agreements, and Audits.--
``(1) Contracts and cooperative agreements.--In the same
manner that a private corporation may make a contract within
the scope of its authority under its charter, the Secretary may
make contracts and cooperative agreements for the United States
Government and disburse amounts to--
``(A) carry out the Secretary's duties and powers
under this section, subtitle V of title 46, and all
other Maritime Administration programs; and
``(B) protect, preserve, and improve collateral
held by the Secretary to secure indebtedness.
``(2) Audits.--The financial transactions of the Secretary
under paragraph (1) shall be audited by the Comptroller
General. The Comptroller General shall allow credit for an
expenditure shown to be necessary because of the nature of the
business activities authorized by this section or subtitle V of
title 46. At least once a year, the Comptroller General shall
report to Congress any departure by the Secretary from this
section or subtitle V of title 46.
``(i) Grant Administrative Expenses.--Except as otherwise provided
by law, the administrative and related expenses for the administration
of any grant programs by the Maritime Administrator may not exceed 3
percent.
``(j) Authorization of Appropriations.--
``(1) In general.--Except as otherwise provided in this
subsection, there are authorized to be appropriated such
amounts as may be necessary to carry out the duties and powers
of the Secretary relating to the Maritime Administration.
``(2) Limitations.--Only those amounts specifically
authorized by law may be appropriated for the use of the
Maritime Administration for--
``(A) acquisition, construction, or reconstruction
of vessels;
``(B) construction-differential subsidies incident
to the construction, reconstruction, or reconditioning
of vessels;
``(C) costs of national defense features;
``(D) payments of obligations incurred for
operating-differential subsidies;
``(E) expenses necessary for research and
development activities, including reimbursement of the
Vessel Operations Revolving Fund for losses resulting
from expenses of experimental vessel operations;
``(F) the Vessel Operations Revolving Fund;
``(G) National Defense Reserve Fleet expenses;
``(H) expenses necessary to carry out part B of
subtitle V of title 46; and
``(I) other operations and training expenses
related to the development of waterborne transportation
systems, the use of waterborne transportation systems,
and general administration.''.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar amount
for the project, program, or activity is hereby authorized, subject to
the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate, or
expend funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 or section 1522 of this Act or any other provision of law,
unless such transfer or reprogramming would move funds between
appropriation accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral Written Communications.--No oral or written communication
concerning any amount specified in the funding tables in this division
shall supersede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Senate
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
2 MQ-1 UAV........................ 0 165,000
Reverse planned temporary [165,000]
procurement pause...........
3 FUTURE UAS FAMILY............... 1,100 1,100
4 RQ-11 (RAVEN)................... 20,851 20,851
ROTARY
7 AH-64 APACHE BLOCK IIIA REMAN... 792,027 792,027
8 AH-64 APACHE BLOCK IIIA REMAN AP 169,460 169,460
11 UH-60 BLACKHAWK M MODEL (MYP)... 742,998 742,998
12 UH-60 BLACKHAWK M MODEL (MYP) AP 87,427 87,427
13 UH-60 BLACK HAWK L AND V MODELS. 172,797 172,797
14 CH-47 HELICOPTER................ 160,750 160,750
15 CH-47 HELICOPTER AP............. 18,372 18,372
MODIFICATION OF AIRCRAFT
18 UNIVERSAL GROUND CONTROL 7,509 7,509
EQUIPMENT (UAS)................
19 GRAY EAGLE MODS2................ 16,280 16,280
20 MULTI SENSOR ABN RECON (MIP).... 35,864 35,864
21 AH-64 MODS...................... 118,316 118,316
22 CH-47 CARGO HELICOPTER MODS 15,548 35,548
(MYP)..........................
IVCS........................ [20,000]
23 GRCS SEMA MODS (MIP)............ 2,947 2,947
24 ARL SEMA MODS (MIP)............. 9,598 9,598
25 EMARSS SEMA MODS (MIP).......... 2,452 2,452
26 UTILITY/CARGO AIRPLANE MODS..... 13,868 13,868
27 UTILITY HELICOPTER MODS......... 25,842 25,842
28 NETWORK AND MISSION PLAN........ 77,432 77,432
29 COMMS, NAV SURVEILLANCE......... 101,355 101,355
31 AVIATION ASSURED PNT............ 54,609 54,609
32 GATM ROLLUP..................... 12,180 12,180
34 UAS MODS........................ 4,204 4,204
GROUND SUPPORT AVIONICS
35 AIRCRAFT SURVIVABILITY EQUIPMENT 49,455 49,455
36 SURVIVABILITY CM................ 8,035 8,035
37 CMWS............................ 10,567 10,567
38 COMMON INFRARED COUNTERMEASURES 237,467 237,467
(CIRCM)........................
OTHER SUPPORT
39 AVIONICS SUPPORT EQUIPMENT...... 1,789 1,789
40 COMMON GROUND EQUIPMENT......... 17,584 17,584
41 AIRCREW INTEGRATED SYSTEMS...... 48,265 48,265
42 AIR TRAFFIC CONTROL............. 26,408 26,408
44 LAUNCHER, 2.75 ROCKET........... 2,256 2,256
45 LAUNCHER GUIDED MISSILE: LONGBOW 8,982 8,982
HELLFIRE XM2...................
TOTAL AIRCRAFT PROCUREMENT, ARMY 3,074,594 3,259,594
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
2 M-SHORAD--PROCUREMENT........... 378,654 378,654
3 MSE MISSILE..................... 603,188 779,773
Transfer missiles from EDI [176,585]
OCO.........................
4 PRECISION STRIKE MISSILE (PRSM). 49,941 49,941
5 INDIRECT FIRE PROTECTION 106,261 65,761
CAPABILITY INC 2-I.............
Army-identified funding [-40,500]
early to need...............
AIR-TO-SURFACE MISSILE SYSTEM
6 HELLFIRE SYS SUMMARY............ 91,225 91,225
7 JOINT AIR-TO-GROUND MSLS (JAGM). 213,397 213,397
8 LONG RANGE PRECISION MUNITION... 45,307 45,307
ANTI-TANK/ASSAULT MISSILE SYS
9 JAVELIN (AAWS-M) SYSTEM SUMMARY. 190,325 190,325
10 TOW 2 SYSTEM SUMMARY............ 121,074 121,074
11 GUIDED MLRS ROCKET (GMLRS)...... 850,157 850,157
12 MLRS REDUCED RANGE PRACTICE 30,836 30,836
ROCKETS (RRPR).................
13 HIGH MOBILITY ARTILLERY ROCKET 41,226 41,226
SYSTEM (HIMARS.................
MODIFICATIONS
16 PATRIOT MODS.................... 278,050 278,050
17 ATACMS MODS..................... 141,690 141,690
20 AVENGER MODS.................... 13,942 13,942
21 ITAS/TOW MODS................... 5,666 5,666
22 MLRS MODS....................... 310,419 310,419
23 HIMARS MODIFICATIONS............ 6,081 6,081
SPARES AND REPAIR PARTS
24 SPARES AND REPAIR PARTS......... 5,090 5,090
SUPPORT EQUIPMENT & FACILITIES
25 AIR DEFENSE TARGETS............. 8,978 8,978
TOTAL MISSILE PROCUREMENT, ARMY. 3,491,507 3,627,592
PROCUREMENT OF W&TCV, ARMY
TRACKED COMBAT VEHICLES
2 ARMORED MULTI PURPOSE VEHICLE 192,971 172,971
(AMPV).........................
Program decrease............ [-20,000]
MODIFICATION OF TRACKED COMBAT
VEHICLES
4 STRYKER UPGRADE................. 847,212 847,212
5 BRADLEY PROGRAM (MOD)........... 493,109 473,109
UBIS slip................... [-20,000]
6 M109 FOV MODIFICATIONS.......... 26,893 26,893
7 PALADIN INTEGRATED MANAGEMENT 435,825 435,825
(PIM)..........................
9 ASSAULT BRIDGE (MOD)............ 5,074 5,074
10 ASSAULT BREACHER VEHICLE........ 19,500 19,500
11 M88 FOV MODS.................... 18,382 13,382
Unjustified growth.......... [-5,000]
12 JOINT ASSAULT BRIDGE............ 72,178 61,678
IOTE and testing delay...... [-10,500]
13 M1 ABRAMS TANK (MOD)............ 392,013 392,013
14 ABRAMS UPGRADE PROGRAM.......... 1,033,253 1,033,253
WEAPONS & OTHER COMBAT VEHICLES
16 MULTI-ROLE ANTI-ARMOR ANTI- 17,864 17,864
PERSONNEL WEAPON S.............
18 MORTAR SYSTEMS.................. 10,288 10,288
19 XM320 GRENADE LAUNCHER MODULE 5,969 5,969
(GLM)..........................
20 PRECISION SNIPER RIFLE.......... 10,137 10,137
21 COMPACT SEMI-AUTOMATIC SNIPER 999 999
SYSTEM.........................
22 CARBINE......................... 7,411 7,411
23 NEXT GENERATION SQUAD WEAPON.... 35,822 35,822
24 COMMON REMOTELY OPERATED WEAPONS 24,534 24,534
STATION........................
25 HANDGUN......................... 4,662 4,662
MOD OF WEAPONS AND OTHER COMBAT
VEH
26 MK-19 GRENADE MACHINE GUN MODS.. 6,444 6,444
27 M777 MODS....................... 10,983 10,983
28 M4 CARBINE MODS................. 4,824 4,824
31 M240 MEDIUM MACHINE GUN MODS.... 6,385 6,385
32 SNIPER RIFLES MODIFICATIONS..... 1,898 1,898
33 M119 MODIFICATIONS.............. 2,009 2,009
34 MORTAR MODIFICATION............. 1,689 1,689
35 MODIFICATIONS LESS THAN $5.0M 2,604 2,604
(WOCV-WTCV)....................
SUPPORT EQUIPMENT & FACILITIES
36 ITEMS LESS THAN $5.0M (WOCV- 2,763 2,763
WTCV)..........................
37 PRODUCTION BASE SUPPORT (WOCV- 3,045 3,045
WTCV)..........................
TOTAL PROCUREMENT OF W&TCV, ARMY 3,696,740 3,641,240
PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
1 CTG, 5.56MM, ALL TYPES.......... 68,472 68,472
2 CTG, 7.62MM, ALL TYPES.......... 109,933 109,933
3 NEXT GENERATION SQUAD WEAPON 11,988 11,988
AMMUNITION.....................
4 CTG, HANDGUN, ALL TYPES......... 853 853
5 CTG, .50 CAL, ALL TYPES......... 58,280 58,280
6 CTG, 20MM, ALL TYPES............ 31,708 31,708
7 CTG, 25MM, ALL TYPES............ 9,111 9,111
8 CTG, 30MM, ALL TYPES............ 58,172 58,172
9 CTG, 40MM, ALL TYPES............ 114,638 114,638
MORTAR AMMUNITION
10 60MM MORTAR, ALL TYPES.......... 31,222 31,222
11 81MM MORTAR, ALL TYPES.......... 42,857 42,857
12 120MM MORTAR, ALL TYPES......... 107,762 107,762
TANK AMMUNITION
13 CARTRIDGES, TANK, 105MM AND 233,444 233,444
120MM, ALL TYPES...............
ARTILLERY AMMUNITION
14 ARTILLERY CARTRIDGES, 75MM & 35,963 35,963
105MM, ALL TYPES...............
15 ARTILLERY PROJECTILE, 155MM, ALL 293,692 293,692
TYPES..........................
16 PROJ 155MM EXTENDED RANGE M982.. 69,159 69,159
17 ARTILLERY PROPELLANTS, FUZES AND 232,913 232,913
PRIMERS, ALL...................
MINES
18 MINES & CLEARING CHARGES, ALL 65,278 65,278
TYPES..........................
19 CLOSE TERRAIN SHAPING OBSTACLE.. 4,995 4,995
ROCKETS
20 SHOULDER LAUNCHED MUNITIONS, ALL 69,112 69,112
TYPES..........................
21 ROCKET, HYDRA 70, ALL TYPES..... 125,915 125,915
OTHER AMMUNITION
22 CAD/PAD, ALL TYPES.............. 8,891 8,891
23 DEMOLITION MUNITIONS, ALL TYPES. 54,043 54,043
24 GRENADES, ALL TYPES............. 28,931 28,931
25 SIGNALS, ALL TYPES.............. 27,036 27,036
26 SIMULATORS, ALL TYPES........... 10,253 10,253
MISCELLANEOUS
27 AMMO COMPONENTS, ALL TYPES...... 3,476 3,476
29 ITEMS LESS THAN $5 MILLION 10,569 10,569
(AMMO).........................
30 AMMUNITION PECULIAR EQUIPMENT... 12,338 12,338
31 FIRST DESTINATION TRANSPORTATION 15,908 15,908
(AMMO).........................
32 CLOSEOUT LIABILITIES............ 99 99
PRODUCTION BASE SUPPORT
33 INDUSTRIAL FACILITIES........... 592,224 592,224
34 CONVENTIONAL MUNITIONS 235,112 235,112
DEMILITARIZATION...............
35 ARMS INITIATIVE................. 3,369 3,369
TOTAL PROCUREMENT OF AMMUNITION, 2,777,716 2,777,716
ARMY...........................
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
1 TACTICAL TRAILERS/DOLLY SETS.... 12,986 12,986
2 SEMITRAILERS, FLATBED:.......... 31,443 31,443
3 SEMITRAILERS, TANKERS........... 17,082 17,082
4 HI MOB MULTI-PURP WHLD VEH 44,795 44,795
(HMMWV)........................
5 GROUND MOBILITY VEHICLES (GMV).. 37,932 37,932
8 JOINT LIGHT TACTICAL VEHICLE 894,414 894,414
FAMILY OF VEHICL...............
9 TRUCK, DUMP, 20T (CCE).......... 29,368 29,368
10 FAMILY OF MEDIUM TACTICAL VEH 95,092 95,092
(FMTV).........................
11 FAMILY OF COLD WEATHER ALL- 999 999
TERRAIN VEHICLE (C.............
12 FIRETRUCKS & ASSOCIATED 27,687 27,687
FIREFIGHTING EQUIP.............
14 PLS ESP......................... 21,969 21,969
15 HVY EXPANDED MOBILE TACTICAL 65,635 65,635
TRUCK EXT SERV.................
16 HMMWV RECAPITALIZATION PROGRAM.. 5,927 5,927
17 TACTICAL WHEELED VEHICLE 36,497 36,497
PROTECTION KITS................
18 MODIFICATION OF IN SVC EQUIP.... 114,977 114,977
NON-TACTICAL VEHICLES
20 PASSENGER CARRYING VEHICLES..... 1,246 1,246
21 NONTACTICAL VEHICLES, OTHER..... 19,870 19,870
COMM--JOINT COMMUNICATIONS
22 SIGNAL MODERNIZATION PROGRAM.... 160,469 160,469
23 TACTICAL NETWORK TECHNOLOGY MOD 360,379 365,379
IN SVC.........................
MDTF scalable node equipment [5,000]
24 SITUATION INFORMATION TRANSPORT. 63,396 63,396
26 JCSE EQUIPMENT (USRDECOM)....... 5,170 5,170
COMM--SATELLITE COMMUNICATIONS
29 DEFENSE ENTERPRISE WIDEBAND 101,498 101,498
SATCOM SYSTEMS.................
30 TRANSPORTABLE TACTICAL COMMAND 72,450 74,850
COMMUNICATIONS.................
AFRICOM force protection [1,000]
upgrades....................
MDTF support requirements... [1,400]
31 SHF TERM........................ 13,173 13,173
32 ASSURED POSITIONING, NAVIGATION 134,928 134,928
AND TIMING.....................
33 SMART-T (SPACE)................. 8,611 8,611
34 GLOBAL BRDCST SVC--GBS.......... 8,191 8,191
COMM--C3 SYSTEM
36 COE TACTICAL SERVER 94,871 94,871
INFRASTRUCTURE (TSI)...........
COMM--COMBAT COMMUNICATIONS
37 HANDHELD MANPACK SMALL FORM FIT 550,848 552,348
(HMS)..........................
AFRICOM force protection [1,500]
upgrades....................
38 RADIO TERMINAL SET, MIDS LVT(2). 8,237 8,237
41 SPIDER FAMILY OF NETWORKED 13,967 0
MUNITIONS INCR.................
Program cancelation......... [-13,967]
43 UNIFIED COMMAND SUITE........... 19,579 19,579
44 COTS COMMUNICATIONS EQUIPMENT... 94,156 94,156
45 FAMILY OF MED COMM FOR COMBAT 18,313 18,313
CASUALTY CARE..................
46 ARMY COMMUNICATIONS & 51,480 51,480
ELECTRONICS....................
COMM--INTELLIGENCE COMM
48 CI AUTOMATION ARCHITECTURE (MIP) 13,146 13,146
49 DEFENSE MILITARY DECEPTION 5,624 5,624
INITIATIVE.....................
INFORMATION SECURITY
51 INFORMATION SYSTEM SECURITY 4,596 4,596
PROGRAM-ISSP...................
52 COMMUNICATIONS SECURITY (COMSEC) 159,272 159,272
53 DEFENSIVE CYBER OPERATIONS...... 54,753 55,653
MDTF cyber defense and EW [900]
tools.......................
54 INSIDER THREAT PROGRAM--UNIT 1,760 1,760
ACTIVITY MONITO................
56 ITEMS LESS THAN $5M (INFO 260 260
SECURITY)......................
COMM--LONG HAUL COMMUNICATIONS
57 BASE SUPPORT COMMUNICATIONS..... 29,761 30,761
AFRICOM UFR force protection [1,000]
upgrades....................
COMM--BASE COMMUNICATIONS
58 INFORMATION SYSTEMS............. 147,696 147,696
59 EMERGENCY MANAGEMENT 4,900 4,900
MODERNIZATION PROGRAM..........
60 HOME STATION MISSION COMMAND 15,227 15,227
CENTERS (HSMCC)................
61 JOINT INFORMATION ENVIRONMENT 3,177 3,177
(JIE)..........................
62 INSTALLATION INFO INFRASTRUCTURE 300,035 300,035
MOD PROGRAM....................
ELECT EQUIP--TACT INT REL ACT
(TIARA)
65 JTT/CIBS-M (MIP)................ 5,304 5,304
66 TERRESTRIAL LAYER SYSTEMS (TLS) 8,081 8,081
(MIP)..........................
68 DCGS-A (MIP).................... 151,886 151,886
70 TROJAN (MIP).................... 17,593 17,593
71 MOD OF IN-SVC EQUIP (INTEL SPT) 28,558 28,558
(MIP)..........................
73 BIOMETRIC TACTICAL COLLECTION 999 999
DEVICES (MIP)..................
ELECT EQUIP--ELECTRONIC WARFARE
(EW)
75 LIGHTWEIGHT COUNTER MORTAR RADAR 5,332 5,332
76 EW PLANNING & MANAGEMENT TOOLS 7,849 7,849
(EWPMT)........................
77 AIR VIGILANCE (AV) (MIP)........ 8,160 8,160
79 MULTI-FUNCTION ELECTRONIC 8,669 8,669
WARFARE (MFEW) SYST............
81 COUNTERINTELLIGENCE/SECURITY 0 13,400
COUNTERMEASURES................
MDTF advanced intel systems [13,400]
remote collection...........
82 CI MODERNIZATION (MIP).......... 300 300
ELECT EQUIP--TACTICAL SURV. (TAC
SURV)
83 SENTINEL MODS................... 58,884 58,884
84 NIGHT VISION DEVICES............ 1,127,375 1,127,375
86 SMALL TACTICAL OPTICAL RIFLE 13,954 13,954
MOUNTED MLRF...................
88 INDIRECT FIRE PROTECTION FAMILY 10,069 14,069
OF SYSTEMS.....................
AFRICOM UFR force protection [4,000]
upgrades....................
89 FAMILY OF WEAPON SIGHTS (FWS)... 133,590 133,590
91 JOINT BATTLE COMMAND--PLATFORM 243,850 243,850
(JBC-P)........................
92 JOINT EFFECTS TARGETING SYSTEM 69,641 69,641
(JETS).........................
94 COMPUTER BALLISTICS: LHMBC XM32. 7,509 7,509
95 MORTAR FIRE CONTROL SYSTEM...... 3,800 3,800
96 MORTAR FIRE CONTROL SYSTEMS 7,292 7,292
MODIFICATIONS..................
97 COUNTERFIRE RADARS.............. 72,421 72,421
ELECT EQUIP--TACTICAL C2 SYSTEMS
98 ARMY COMMAND POST INTEGRATED 49,947 49,947
INFRASTRUCTURE (...............
99 FIRE SUPPORT C2 FAMILY.......... 9,390 9,390
100 AIR & MSL DEFENSE PLANNING & 47,374 47,374
CONTROL SYS....................
101 IAMD BATTLE COMMAND SYSTEM...... 201,587 201,587
102 LIFE CYCLE SOFTWARE SUPPORT 4,495 4,495
(LCSS).........................
103 NETWORK MANAGEMENT 18,651 18,651
INITIALIZATION AND SERVICE.....
105 GLOBAL COMBAT SUPPORT SYSTEM- 2,792 2,792
ARMY (GCSS-A)..................
106 INTEGRATED PERSONNEL AND PAY 9,071 9,071
SYSTEM-ARMY (IPP...............
107 RECONNAISSANCE AND SURVEYING 12,117 12,117
INSTRUMENT SET.................
108 MOD OF IN-SVC EQUIPMENT (ENFIRE) 3,004 3,004
ELECT EQUIP--AUTOMATION
109 ARMY TRAINING MODERNIZATION..... 14,574 14,574
110 AUTOMATED DATA PROCESSING EQUIP. 140,619 140,619
111 GENERAL FUND ENTERPRISE BUSINESS 4,448 4,448
SYSTEMS FAM....................
112 HIGH PERF COMPUTING MOD PGM 68,405 68,405
(HPCMP)........................
113 CONTRACT WRITING SYSTEM......... 8,459 8,459
114 CSS COMMUNICATIONS.............. 57,651 57,651
115 RESERVE COMPONENT AUTOMATION SYS 14,848 14,848
(RCAS).........................
ELECT EQUIP--AUDIO VISUAL SYS (A/
V)
117 ITEMS LESS THAN $5M (SURVEYING 4,995 4,995
EQUIPMENT).....................
ELECT EQUIP--SUPPORT
119 BCT EMERGING TECHNOLOGIES....... 16,983 20,883
MDTF advanced intel systems [3,900]
remote collection...........
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS............. 1,582 1,582
CHEMICAL DEFENSIVE EQUIPMENT
123 CBRN DEFENSE.................... 28,456 42,456
WMD CST equipment........... [14,000]
124 SMOKE & OBSCURANT FAMILY: SOF 13,995 13,995
(NON AAO ITEM).................
BRIDGING EQUIPMENT
125 TACTICAL BRIDGING............... 10,545 10,545
126 TACTICAL BRIDGE, FLOAT-RIBBON... 72,074 72,074
127 BRIDGE SUPPLEMENTAL SET......... 32,493 32,493
128 COMMON BRIDGE TRANSPORTER (CBT) 62,978 62,978
RECAP..........................
ENGINEER (NON-CONSTRUCTION)
EQUIPMENT
129 HANDHELD STANDOFF MINEFIELD 5,570 5,570
DETECTION SYS-HST..............
130 GRND STANDOFF MINE DETECTN SYSM 2,497 2,497
(GSTAMIDS).....................
132 HUSKY MOUNTED DETECTION SYSTEM 109,069 109,069
(HMDS).........................
134 EOD ROBOTICS SYSTEMS 36,584 36,584
RECAPITALIZATION...............
135 ROBOTICS AND APPLIQUE SYSTEMS... 179,544 179,544
137 RENDER SAFE SETS KITS OUTFITS... 64,583 64,583
139 FAMILY OF BOATS AND MOTORS...... 5,289 5,289
COMBAT SERVICE SUPPORT EQUIPMENT
140 HEATERS AND ECU'S............... 8,200 8,200
142 PERSONNEL RECOVERY SUPPORT 4,625 4,625
SYSTEM (PRSS)..................
143 GROUND SOLDIER SYSTEM........... 154,937 154,937
144 MOBILE SOLDIER POWER............ 34,297 34,297
147 CARGO AERIAL DEL & PERSONNEL 53,021 53,021
PARACHUTE SYSTEM...............
148 FAMILY OF ENGR COMBAT AND 23,324 23,324
CONSTRUCTION SETS..............
149 ITEMS LESS THAN $5M (ENG SPT)... 8,014 8,014
PETROLEUM EQUIPMENT
150 DISTRIBUTION SYSTEMS, PETROLEUM 78,448 78,448
& WATER........................
MEDICAL EQUIPMENT
151 COMBAT SUPPORT MEDICAL.......... 59,485 59,485
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE EQUIPMENT 40,337 40,337
SYSTEMS........................
153 ITEMS LESS THAN $5.0M (MAINT EQ) 5,386 5,386
CONSTRUCTION EQUIPMENT
154 GRADER, ROAD MTZD, HVY, 6X4 5,406 5,406
(CCE)..........................
155 SCRAPERS, EARTHMOVING........... 4,188 4,188
156 LOADERS......................... 4,521 4,521
157 HYDRAULIC EXCAVATOR............. 5,186 5,186
158 TRACTOR, FULL TRACKED........... 4,715 4,715
159 ALL TERRAIN CRANES.............. 70,560 70,560
162 CONST EQUIP ESP................. 8,925 8,925
RAIL FLOAT CONTAINERIZATION
EQUIPMENT
164 ARMY WATERCRAFT ESP............. 40,910 40,910
165 MANEUVER SUPPORT VESSEL (MSV)... 76,576 76,576
166 ITEMS LESS THAN $5.0M (FLOAT/ 1,844 1,844
RAIL)..........................
GENERATORS
167 GENERATORS AND ASSOCIATED EQUIP. 53,433 53,433
168 TACTICAL ELECTRIC POWER 22,216 22,216
RECAPITALIZATION...............
MATERIAL HANDLING EQUIPMENT
169 FAMILY OF FORKLIFTS............. 16,145 16,145
TRAINING EQUIPMENT
170 COMBAT TRAINING CENTERS SUPPORT. 90,580 90,580
171 TRAINING DEVICES, NONSYSTEM..... 161,814 161,814
172 SYNTHETIC TRAINING ENVIRONMENT 13,063 13,063
(STE)..........................
175 GAMING TECHNOLOGY IN SUPPORT OF 1,950 1,950
ARMY TRAINING..................
TEST MEASURE AND DIG EQUIPMENT
(TMD)
176 CALIBRATION SETS EQUIPMENT...... 2,511 2,511
177 INTEGRATED FAMILY OF TEST 78,578 78,578
EQUIPMENT (IFTE)...............
178 TEST EQUIPMENT MODERNIZATION 14,941 14,941
(TEMOD)........................
OTHER SUPPORT EQUIPMENT
180 RAPID EQUIPPING SOLDIER SUPPORT 8,629 8,629
EQUIPMENT......................
181 PHYSICAL SECURITY SYSTEMS (OPA3) 75,499 87,499
AFRICOM UFR force protection [12,000]
upgrades....................
182 BASE LEVEL COMMON EQUIPMENT..... 27,444 27,444
183 MODIFICATION OF IN-SVC EQUIPMENT 32,485 48,385
(OPA-3)........................
Expeditionary Solid Waste [15,900]
Disposal System.............
187 SPECIAL EQUIPMENT FOR TEST AND 39,436 39,436
EVALUATION.....................
OPA2
189 INITIAL SPARES--C&E............. 9,950 9,950
TOTAL OTHER PROCUREMENT, ARMY... 8,625,206 8,685,239
AIRCRAFT PROCUREMENT, NAVY
COMBAT AIRCRAFT
1 F/A-18E/F (FIGHTER) HORNET...... 1,761,146 1,761,146
3 JOINT STRIKE FIGHTER CV......... 2,181,780 2,381,780
Additional aircraft......... [200,000]
4 JOINT STRIKE FIGHTER CV AP...... 330,386 330,386
5 JSF STOVL....................... 1,109,393 1,234,893
Additional 2 F-35B aircraft. [125,500]
6 JSF STOVL AP.................... 303,035 303,035
7 CH-53K (HEAVY LIFT)............. 813,324 793,324
Force Design 2030 [-20,000]
realignment NRE excess......
8 CH-53K (HEAVY LIFT) AP.......... 201,188 191,188
Force Design 2030 [-10,000]
realignment.................
9 V-22 (MEDIUM LIFT).............. 934,793 934,793
10 V-22 (MEDIUM LIFT) AP........... 39,547 39,547
11 H-1 UPGRADES (UH-1Y/AH-1Z)...... 7,267 7,267
13 P-8A POSEIDON................... 80,134 80,134
15 E-2D ADV HAWKEYE................ 626,109 626,109
16 E-2D ADV HAWKEYE AP............. 123,166 123,166
TRAINER AIRCRAFT
17 ADVANCED HELICOPTER TRAINING 269,867 269,867
SYSTEM.........................
OTHER AIRCRAFT
18 KC-130J......................... 380,984 380,984
19 KC-130J AP...................... 67,022 67,022
21 MQ-4 TRITON..................... 150,570 100,570
Excess funding given [-50,000]
procurement pause until FY23
23 MQ-8 UAV........................ 40,375 40,375
24 STUASL0 UAV..................... 30,930 30,930
26 VH-92A EXECUTIVE HELO........... 610,231 610,231
MODIFICATION OF AIRCRAFT
28 F-18 A-D UNIQUE................. 208,261 208,261
29 F-18E/F AND EA-18G MODERNIZATION 468,954 468,954
AND SUSTAINM...................
30 AEA SYSTEMS..................... 21,061 21,061
31 AV-8 SERIES..................... 34,082 34,082
32 INFRARED SEARCH AND TRACK (IRST) 158,055 158,055
33 ADVERSARY....................... 42,946 42,946
34 F-18 SERIES..................... 379,351 379,351
35 H-53 SERIES..................... 74,771 74,771
36 MH-60 SERIES.................... 131,584 131,584
37 H-1 SERIES...................... 185,140 185,140
38 EP-3 SERIES..................... 26,602 26,602
40 E-2 SERIES...................... 175,540 175,540
41 TRAINER A/C SERIES.............. 7,085 7,085
42 C-2A............................ 9,525 9,525
43 C-130 SERIES.................... 141,705 141,705
44 FEWSG........................... 684 684
45 CARGO/TRANSPORT A/C SERIES...... 8,911 8,911
46 E-6 SERIES...................... 197,206 197,206
47 EXECUTIVE HELICOPTERS SERIES.... 29,086 29,086
49 T-45 SERIES..................... 155,745 155,745
50 POWER PLANT CHANGES............. 24,633 24,633
51 JPATS SERIES.................... 22,682 22,682
52 AVIATION LIFE SUPPORT MODS...... 40,401 45,401
Aviation body armor vest.... [5,000]
53 COMMON ECM EQUIPMENT............ 138,480 138,480
54 COMMON AVIONICS CHANGES......... 143,322 143,322
55 COMMON DEFENSIVE WEAPON SYSTEM.. 2,142 2,142
56 ID SYSTEMS...................... 35,999 35,999
57 P-8 SERIES...................... 180,530 180,530
58 MAGTF EW FOR AVIATION........... 27,794 27,794
59 MQ-8 SERIES..................... 28,774 28,774
60 V-22 (TILT/ROTOR ACFT) OSPREY... 334,405 334,405
61 NEXT GENERATION JAMMER (NGJ).... 176,638 176,638
62 F-35 STOVL SERIES............... 153,588 153,588
63 F-35 CV SERIES.................. 105,452 105,452
64 QRC............................. 126,618 126,618
65 MQ-4 SERIES..................... 12,998 12,998
66 RQ-21 SERIES.................... 18,550 18,550
AIRCRAFT SPARES AND REPAIR PARTS
70 SPARES AND REPAIR PARTS......... 2,198,460 2,228,460
Additional F-35B/C spares... [30,000]
AIRCRAFT SUPPORT EQUIP &
FACILITIES
71 COMMON GROUND EQUIPMENT......... 543,559 543,559
72 AIRCRAFT INDUSTRIAL FACILITIES.. 75,685 75,685
73 WAR CONSUMABLES................. 40,633 40,633
74 OTHER PRODUCTION CHARGES........ 21,194 21,194
75 SPECIAL SUPPORT EQUIPMENT....... 155,179 155,179
76 FIRST DESTINATION TRANSPORTATION 2,121 2,121
TOTAL AIRCRAFT PROCUREMENT, NAVY 17,127,378 17,407,878
WEAPONS PROCUREMENT, NAVY
MODIFICATION OF MISSILES
1 TRIDENT II MODS................. 1,173,837 1,173,837
SUPPORT EQUIPMENT & FACILITIES
2 MISSILE INDUSTRIAL FACILITIES... 7,275 7,275
STRATEGIC MISSILES
3 TOMAHAWK........................ 277,694 303,694
Program increase for USMC [26,000]
Tomahawk....................
TACTICAL MISSILES
4 AMRAAM.......................... 326,952 326,952
5 SIDEWINDER...................... 126,485 126,485
7 STANDARD MISSILE................ 456,206 456,206
8 STANDARD MISSILE AP............. 66,716 66,716
9 SMALL DIAMETER BOMB II.......... 78,867 78,867
10 RAM............................. 90,533 90,533
11 JOINT AIR GROUND MISSILE (JAGM). 49,386 49,386
14 AERIAL TARGETS.................. 174,336 174,336
15 DRONES AND DECOYS............... 41,256 41,256
16 OTHER MISSILE SUPPORT........... 3,501 3,501
17 LRASM........................... 168,845 203,845
Additional Navy LRASM [35,000]
missiles....................
18 LCS OTH MISSILE................. 32,910 32,910
MODIFICATION OF MISSILES
19 TOMAHAWK MODS................... 164,915 164,915
20 ESSM............................ 215,375 215,375
22 HARM MODS....................... 147,572 147,572
23 STANDARD MISSILES MODS.......... 83,654 83,654
SUPPORT EQUIPMENT & FACILITIES
24 WEAPONS INDUSTRIAL FACILITIES... 1,996 1,996
25 FLEET SATELLITE COMM FOLLOW-ON.. 53,401 53,401
ORDNANCE SUPPORT EQUIPMENT
27 ORDNANCE SUPPORT EQUIPMENT...... 215,659 215,659
TORPEDOES AND RELATED EQUIP
28 SSTD............................ 5,811 3,611
Insufficient justification [-2,200]
for ADC non-recurring costs.
29 MK-48 TORPEDO................... 284,901 284,901
30 ASW TARGETS..................... 13,833 13,833
MOD OF TORPEDOES AND RELATED
EQUIP
31 MK-54 TORPEDO MODS.............. 110,286 100,286
Mk 54 Mod 0 production [-10,000]
delays......................
32 MK-48 TORPEDO ADCAP MODS........ 57,214 57,214
33 MARITIME MINES.................. 5,832 5,832
SUPPORT EQUIPMENT
34 TORPEDO SUPPORT EQUIPMENT....... 97,581 97,581
35 ASW RANGE SUPPORT............... 4,159 4,159
DESTINATION TRANSPORTATION
36 FIRST DESTINATION TRANSPORTATION 4,106 4,106
GUNS AND GUN MOUNTS
37 SMALL ARMS AND WEAPONS.......... 16,030 16,030
MODIFICATION OF GUNS AND GUN
MOUNTS
38 CIWS MODS....................... 37,147 37,147
39 COAST GUARD WEAPONS............. 45,804 45,804
40 GUN MOUNT MODS.................. 74,427 74,427
41 LCS MODULE WEAPONS.............. 4,253 4,253
42 AIRBORNE MINE NEUTRALIZATION 6,662 6,662
SYSTEMS........................
SPARES AND REPAIR PARTS
45 SPARES AND REPAIR PARTS......... 159,578 159,578
TOTAL WEAPONS PROCUREMENT, NAVY. 4,884,995 4,933,795
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
1 GENERAL PURPOSE BOMBS........... 41,496 41,496
2 JDAM............................ 64,631 64,631
3 AIRBORNE ROCKETS, ALL TYPES..... 60,719 60,719
4 MACHINE GUN AMMUNITION.......... 11,158 11,158
5 PRACTICE BOMBS.................. 51,409 51,409
6 CARTRIDGES & CART ACTUATED 64,694 64,694
DEVICES........................
7 AIR EXPENDABLE COUNTERMEASURES.. 51,523 51,523
8 JATOS........................... 6,761 6,761
9 5 INCH/54 GUN AMMUNITION........ 31,517 31,517
10 INTERMEDIATE CALIBER GUN 38,005 38,005
AMMUNITION.....................
11 OTHER SHIP GUN AMMUNITION....... 40,626 40,626
12 SMALL ARMS & LANDING PARTY AMMO. 48,202 48,202
13 PYROTECHNIC AND DEMOLITION...... 9,766 9,766
15 AMMUNITION LESS THAN $5 MILLION. 2,115 2,115
MARINE CORPS AMMUNITION
16 MORTARS......................... 46,781 46,781
17 DIRECT SUPPORT MUNITIONS........ 119,504 119,504
18 INFANTRY WEAPONS AMMUNITION..... 83,220 83,220
19 COMBAT SUPPORT MUNITIONS........ 32,650 32,650
20 AMMO MODERNIZATION.............. 15,144 15,144
21 ARTILLERY MUNITIONS............. 59,539 59,539
22 ITEMS LESS THAN $5 MILLION...... 4,142 4,142
TOTAL PROCUREMENT OF AMMO, NAVY 883,602 883,602
& MC...........................
SHIPBUILDING AND CONVERSION,
NAVY
FLEET BALLISTIC MISSILE SHIPS
1 OHIO REPLACEMENT SUBMARINE...... 2,891,475 2,891,475
2 OHIO REPLACEMENT SUBMARINE AP... 1,123,175 1,298,175
Submarine supplier stability [175,000]
OTHER WARSHIPS
3 CARRIER REPLACEMENT PROGRAM..... 997,544 997,544
4 CVN-81.......................... 1,645,606 1,645,606
5 VIRGINIA CLASS SUBMARINE........ 2,334,693 2,260,293
Unjustified cost growth..... [-74,400]
6 VIRGINIA CLASS SUBMARINE AP..... 1,901,187 2,373,187
Long lead material for [472,000]
option ship.................
7 CVN REFUELING OVERHAULS......... 1,878,453 1,878,453
8 CVN REFUELING OVERHAULS AP...... 17,384 17,384
9 DDG 1000........................ 78,205 78,205
10 DDG-51.......................... 3,040,270 3,010,270
Available prior-year funds.. [-30,000]
11 DDG-51 AP....................... 29,297 464,297
LLTM for FY22 DDG-51s....... [260,000]
Surface ship supplier [175,000]
stability...................
13 FFG-FRIGATE..................... 1,053,123 1,053,123
AMPHIBIOUS SHIPS
14 LPD FLIGHT II................... 1,155,801 905,801
Transfer to Line 15......... [-250,000]
15 LPD FLIGHT II AP................ 0 500,000
LPD-32 and LPD-33 program [250,000]
increase....................
Transfer from Line 14 for [250,000]
LPD-32 and LPD-33...........
17 LHA REPLACEMENT................. 0 250,000
LHA-9 program increase...... [250,000]
AUXILIARIES, CRAFT AND PRIOR YR
PROGRAM COST
22 TOWING, SALVAGE, AND RESCUE SHIP 168,209 168,209
(ATS)..........................
23 LCU 1700........................ 87,395 70,395
Insufficient justification.. [-17,000]
24 OUTFITTING...................... 825,586 747,286
Unjustified cost growth..... [-78,300]
26 SERVICE CRAFT................... 249,781 275,281
Accelerate YP-703 Flight II. [25,500]
27 LCAC SLEP....................... 56,461 0
Insufficient justification.. [-56,461]
28 COMPLETION OF PY SHIPBUILDING 369,112 369,112
PROGRAMS.......................
TOTAL SHIPBUILDING AND 19,902,757 21,254,096
CONVERSION, NAVY...............
OTHER PROCUREMENT, NAVY
SHIP PROPULSION EQUIPMENT
1 SURFACE POWER EQUIPMENT......... 11,738 11,738
GENERATORS
2 SURFACE COMBATANT HM&E.......... 58,497 38,497
Hardware and software [15,000]
upgrades for 5 previously
procured HED ship sets......
HED installation early to [-35,000]
need........................
NAVIGATION EQUIPMENT
3 OTHER NAVIGATION EQUIPMENT...... 74,084 74,084
OTHER SHIPBOARD EQUIPMENT
4 SUB PERISCOPE, IMAGING AND SUPT 204,806 204,806
EQUIP PROG.....................
5 DDG MOD......................... 547,569 497,569
Installation excess unit [-50,000]
cost growth.................
6 FIREFIGHTING EQUIPMENT.......... 18,394 18,394
7 COMMAND AND CONTROL SWITCHBOARD. 2,374 2,374
8 LHA/LHD MIDLIFE................. 78,265 78,265
9 POLLUTION CONTROL EQUIPMENT..... 23,035 23,035
10 SUBMARINE SUPPORT EQUIPMENT..... 64,632 64,632
11 VIRGINIA CLASS SUPPORT EQUIPMENT 22,868 22,868
12 LCS CLASS SUPPORT EQUIPMENT..... 3,976 3,976
13 SUBMARINE BATTERIES............. 31,322 31,322
14 LPD CLASS SUPPORT EQUIPMENT..... 50,475 50,475
15 DDG 1000 CLASS SUPPORT EQUIPMENT 42,279 42,279
16 STRATEGIC PLATFORM SUPPORT EQUIP 15,429 15,429
17 DSSP EQUIPMENT.................. 2,918 2,918
18 CG MODERNIZATION................ 87,978 87,978
19 LCAC............................ 9,366 9,366
20 UNDERWATER EOD EQUIPMENT........ 16,842 16,842
21 ITEMS LESS THAN $5 MILLION...... 105,715 105,715
22 CHEMICAL WARFARE DETECTORS...... 3,044 3,044
23 SUBMARINE LIFE SUPPORT SYSTEM... 5,885 5,885
REACTOR PLANT EQUIPMENT
24 SHIP MAINTENANCE, REPAIR AND 1,260,721 1,260,721
MODERNIZATION..................
25 REACTOR POWER UNITS............. 5,305 5,305
26 REACTOR COMPONENTS.............. 415,404 415,404
OCEAN ENGINEERING
27 DIVING AND SALVAGE EQUIPMENT.... 11,143 11,143
SMALL BOATS
28 STANDARD BOATS.................. 52,371 52,371
PRODUCTION FACILITIES EQUIPMENT
29 OPERATING FORCES IPE............ 233,667 233,667
OTHER SHIP SUPPORT
30 LCS COMMON MISSION MODULES 39,714 17,414
EQUIPMENT......................
MCM containers and MPCE [-22,300]
sonar processing
insufficient justification..
31 LCS MCM MISSION MODULES......... 218,822 95,322
Excess procurement ahead of [-123,500]
satisfactory testing........
32 LCS ASW MISSION MODULES......... 61,759 4,759
Excess procurement ahead of [-57,000]
satisfactory testing........
33 LCS SUW MISSION MODULES......... 24,412 24,412
34 LCS IN-SERVICE MODERNIZATION.... 121,848 121,848
35 SMALL & MEDIUM UUV.............. 67,709 37,609
SMCM UUV excess procurement [-30,100]
ahead of satisfactory
testing.....................
SHIP SONARS
37 SPQ-9B RADAR.................... 27,517 27,517
38 AN/SQQ-89 SURF ASW COMBAT SYSTEM 128,664 128,664
39 SSN ACOUSTIC EQUIPMENT.......... 374,737 374,737
40 UNDERSEA WARFARE SUPPORT 9,286 9,286
EQUIPMENT......................
ASW ELECTRONIC EQUIPMENT
41 SUBMARINE ACOUSTIC WARFARE 26,066 26,066
SYSTEM.........................
42 SSTD............................ 13,241 13,241
43 FIXED SURVEILLANCE SYSTEM....... 193,446 193,446
44 SURTASS......................... 63,838 63,838
ELECTRONIC WARFARE EQUIPMENT
45 AN/SLQ-32....................... 387,195 330,795
Early to need............... [-56,400]
RECONNAISSANCE EQUIPMENT
46 SHIPBOARD IW EXPLOIT............ 235,744 235,744
47 AUTOMATED IDENTIFICATION SYSTEM 3,862 3,862
(AIS)..........................
OTHER SHIP ELECTRONIC EQUIPMENT
48 COOPERATIVE ENGAGEMENT 26,006 18,706
CAPABILITY.....................
Common Array Block antenna [-7,300]
program delays..............
49 NAVAL TACTICAL COMMAND SUPPORT 15,385 15,385
SYSTEM (NTCSS).................
50 ATDLS........................... 103,835 103,835
51 NAVY COMMAND AND CONTROL SYSTEM 3,594 3,594
(NCCS).........................
52 MINESWEEPING SYSTEM REPLACEMENT. 15,744 15,744
53 SHALLOW WATER MCM............... 5,493 5,493
54 NAVSTAR GPS RECEIVERS (SPACE)... 38,043 38,043
55 AMERICAN FORCES RADIO AND TV 2,592 2,592
SERVICE........................
56 STRATEGIC PLATFORM SUPPORT EQUIP 7,985 7,985
AVIATION ELECTRONIC EQUIPMENT
57 ASHORE ATC EQUIPMENT............ 83,475 83,475
58 AFLOAT ATC EQUIPMENT............ 65,113 65,113
59 ID SYSTEMS...................... 23,815 23,815
60 JOINT PRECISION APPROACH AND 100,751 100,751
LANDING SYSTEM (...............
61 NAVAL MISSION PLANNING SYSTEMS.. 13,947 13,947
OTHER SHORE ELECTRONIC EQUIPMENT
62 MARITIME INTEGRATED BROADCAST 1,375 1,375
SYSTEM.........................
63 TACTICAL/MOBILE C4I SYSTEMS..... 22,771 22,771
64 DCGS-N.......................... 18,872 18,872
65 CANES........................... 389,585 389,585
66 RADIAC.......................... 10,335 10,335
67 CANES-INTELL.................... 48,654 48,654
68 GPETE........................... 8,133 8,133
69 MASF............................ 4,150 4,150
70 INTEG COMBAT SYSTEM TEST 5,934 5,934
FACILITY.......................
71 EMI CONTROL INSTRUMENTATION..... 4,334 4,334
72 ITEMS LESS THAN $5 MILLION...... 159,815 105,015
NGSSR available prior year [-54,800]
funds.......................
SHIPBOARD COMMUNICATIONS
73 SHIPBOARD TACTICAL 56,106 56,106
COMMUNICATIONS.................
74 SHIP COMMUNICATIONS AUTOMATION.. 124,288 124,288
75 COMMUNICATIONS ITEMS UNDER $5M.. 45,120 45,120
SUBMARINE COMMUNICATIONS
76 SUBMARINE BROADCAST SUPPORT..... 31,133 31,133
77 SUBMARINE COMMUNICATION 62,214 62,214
EQUIPMENT......................
SATELLITE COMMUNICATIONS
78 SATELLITE COMMUNICATIONS SYSTEMS 47,421 47,421
79 NAVY MULTIBAND TERMINAL (NMT)... 64,552 64,552
SHORE COMMUNICATIONS
80 JOINT COMMUNICATIONS SUPPORT 4,398 4,398
ELEMENT (JCSE).................
CRYPTOGRAPHIC EQUIPMENT
81 INFO SYSTEMS SECURITY PROGRAM 157,551 157,551
(ISSP).........................
82 MIO INTEL EXPLOITATION TEAM..... 985 985
CRYPTOLOGIC EQUIPMENT
83 CRYPTOLOGIC COMMUNICATIONS EQUIP 15,906 15,906
OTHER ELECTRONIC SUPPORT
90 COAST GUARD EQUIPMENT........... 70,689 70,689
SONOBUOYS
92 SONOBUOYS--ALL TYPES............ 237,639 286,739
Program increase for [49,100]
sonobuoys...................
AIRCRAFT SUPPORT EQUIPMENT
93 MINOTAUR........................ 5,077 5,077
94 WEAPONS RANGE SUPPORT EQUIPMENT. 83,969 83,969
95 AIRCRAFT SUPPORT EQUIPMENT...... 187,758 187,758
96 ADVANCED ARRESTING GEAR (AAG)... 16,059 16,059
97 METEOROLOGICAL EQUIPMENT........ 15,192 15,192
99 LEGACY AIRBORNE MCM............. 6,674 6,674
100 LAMPS EQUIPMENT................. 1,189 1,189
101 AVIATION SUPPORT EQUIPMENT...... 58,873 58,873
102 UMCS-UNMAN CARRIER 60,937 60,937
AVIATION(UCA)MISSION CNTRL.....
SHIP GUN SYSTEM EQUIPMENT
103 SHIP GUN SYSTEMS EQUIPMENT...... 5,540 5,540
SHIP MISSILE SYSTEMS EQUIPMENT
104 HARPOON SUPPORT EQUIPMENT....... 208 208
105 SHIP MISSILE SUPPORT EQUIPMENT.. 262,077 262,077
106 TOMAHAWK SUPPORT EQUIPMENT...... 84,087 84,087
FBM SUPPORT EQUIPMENT
107 STRATEGIC MISSILE SYSTEMS EQUIP. 258,910 258,910
ASW SUPPORT EQUIPMENT
108 SSN COMBAT CONTROL SYSTEMS...... 173,770 173,770
109 ASW SUPPORT EQUIPMENT........... 26,584 26,584
OTHER ORDNANCE SUPPORT EQUIPMENT
110 EXPLOSIVE ORDNANCE DISPOSAL 7,470 7,470
EQUIP..........................
111 ITEMS LESS THAN $5 MILLION...... 6,356 6,356
OTHER EXPENDABLE ORDNANCE
112 ANTI-SHIP MISSILE DECOY SYSTEM.. 86,356 86,356
113 SUBMARINE TRAINING DEVICE MODS.. 69,240 69,240
114 SURFACE TRAINING EQUIPMENT...... 192,245 192,245
CIVIL ENGINEERING SUPPORT
EQUIPMENT
115 PASSENGER CARRYING VEHICLES..... 6,123 6,123
116 GENERAL PURPOSE TRUCKS.......... 2,693 2,693
117 CONSTRUCTION & MAINTENANCE EQUIP 47,301 47,301
118 FIRE FIGHTING EQUIPMENT......... 10,352 10,352
119 TACTICAL VEHICLES............... 31,475 31,475
121 POLLUTION CONTROL EQUIPMENT..... 2,630 2,630
122 ITEMS LESS THAN $5 MILLION...... 47,972 47,972
123 PHYSICAL SECURITY VEHICLES...... 1,171 1,171
SUPPLY SUPPORT EQUIPMENT
124 SUPPLY EQUIPMENT................ 19,693 19,693
125 FIRST DESTINATION TRANSPORTATION 4,956 4,956
126 SPECIAL PURPOSE SUPPLY SYSTEMS.. 668,639 668,639
TRAINING DEVICES
127 TRAINING SUPPORT EQUIPMENT...... 4,026 4,026
128 TRAINING AND EDUCATION EQUIPMENT 73,454 73,454
COMMAND SUPPORT EQUIPMENT
129 COMMAND SUPPORT EQUIPMENT....... 32,390 32,390
130 MEDICAL SUPPORT EQUIPMENT....... 974 974
132 NAVAL MIP SUPPORT EQUIPMENT..... 5,606 5,606
133 OPERATING FORCES SUPPORT 16,024 16,024
EQUIPMENT......................
134 C4ISR EQUIPMENT................. 6,697 6,697
135 ENVIRONMENTAL SUPPORT EQUIPMENT. 27,503 27,503
136 PHYSICAL SECURITY EQUIPMENT..... 138,281 138,281
137 ENTERPRISE INFORMATION 42,680 42,680
TECHNOLOGY.....................
OTHER
140 NEXT GENERATION ENTERPRISE 184,443 184,443
SERVICE........................
141 CYBERSPACE ACTIVITIES........... 16,523 16,523
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS............. 18,446 18,446
SPARES AND REPAIR PARTS
142 SPARES AND REPAIR PARTS......... 374,195 374,195
TOTAL OTHER PROCUREMENT, NAVY... 10,948,518 10,576,218
PROCUREMENT, MARINE CORPS
TRACKED COMBAT VEHICLES
1 AAV7A1 PIP...................... 87,476 87,476
2 AMPHIBIOUS COMBAT VEHICLE FAMILY 478,874 478,874
OF VEHICLES....................
3 LAV PIP......................... 41,988 41,988
ARTILLERY AND OTHER WEAPONS
4 155MM LIGHTWEIGHT TOWED HOWITZER 59 59
5 ARTILLERY WEAPONS SYSTEM........ 174,687 234,287
Ground-Based Anti-Ship [59,600]
Missile NSM.................
6 WEAPONS AND COMBAT VEHICLES 24,867 24,867
UNDER $5 MILLION...............
OTHER SUPPORT
7 MODIFICATION KITS............... 3,067 3,067
GUIDED MISSILES
8 GROUND BASED AIR DEFENSE........ 18,920 18,920
9 ANTI-ARMOR MISSILE-JAVELIN...... 19,888 19,888
10 FAMILY ANTI-ARMOR WEAPON SYSTEMS 21,891 21,891
(FOAAWS).......................
11 ANTI-ARMOR MISSILE-TOW.......... 34,985 34,985
12 GUIDED MLRS ROCKET (GMLRS)...... 133,689 133,689
COMMAND AND CONTROL SYSTEMS
13 COMMON AVIATION COMMAND AND 35,057 35,057
CONTROL SYSTEM (C..............
REPAIR AND TEST EQUIPMENT
14 REPAIR AND TEST EQUIPMENT....... 24,405 24,405
OTHER SUPPORT (TEL)
15 MODIFICATION KITS............... 1,006 1,006
COMMAND AND CONTROL SYSTEM (NON-
TEL)
16 ITEMS UNDER $5 MILLION (COMM & 69,725 69,725
ELEC)..........................
17 AIR OPERATIONS C2 SYSTEMS....... 15,611 15,611
RADAR + EQUIPMENT (NON-TEL)
19 GROUND/AIR TASK ORIENTED RADAR 284,283 284,283
(G/ATOR).......................
INTELL/COMM EQUIPMENT (NON-TEL)
20 GCSS-MC......................... 1,587 1,587
21 FIRE SUPPORT SYSTEM............. 24,934 24,934
22 INTELLIGENCE SUPPORT EQUIPMENT.. 50,728 50,728
24 UNMANNED AIR SYSTEMS (INTEL).... 24,853 24,853
25 DCGS-MC......................... 38,260 38,260
26 UAS PAYLOADS.................... 5,489 5,489
OTHER SUPPORT (NON-TEL)
29 NEXT GENERATION ENTERPRISE 78,922 78,922
NETWORK (NGEN).................
30 COMMON COMPUTER RESOURCES....... 35,349 35,349
31 COMMAND POST SYSTEMS............ 33,713 33,713
32 RADIO SYSTEMS................... 343,250 343,250
33 COMM SWITCHING & CONTROL SYSTEMS 40,627 40,627
34 COMM & ELEC INFRASTRUCTURE 43,782 43,782
SUPPORT........................
35 CYBERSPACE ACTIVITIES........... 53,896 53,896
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS............. 3,797 3,797
ADMINISTRATIVE VEHICLES
37 COMMERCIAL CARGO VEHICLES....... 22,460 22,460
TACTICAL VEHICLES
38 MOTOR TRANSPORT MODIFICATIONS... 10,739 10,739
39 JOINT LIGHT TACTICAL VEHICLE.... 381,675 381,675
40 FAMILY OF TACTICAL TRAILERS..... 2,963 2,963
ENGINEER AND OTHER EQUIPMENT
42 ENVIRONMENTAL CONTROL EQUIP 385 385
ASSORT.........................
43 TACTICAL FUEL SYSTEMS........... 501 501
44 POWER EQUIPMENT ASSORTED........ 23,430 23,430
45 AMPHIBIOUS SUPPORT EQUIPMENT.... 5,752 5,752
46 EOD SYSTEMS..................... 20,939 20,939
MATERIALS HANDLING EQUIPMENT
47 PHYSICAL SECURITY EQUIPMENT..... 23,063 23,063
GENERAL PROPERTY
48 FIELD MEDICAL EQUIPMENT......... 4,187 4,187
49 TRAINING DEVICES................ 101,765 101,765
50 FAMILY OF CONSTRUCTION EQUIPMENT 19,305 19,305
51 ULTRA-LIGHT TACTICAL VEHICLE 678 678
(ULTV).........................
OTHER SUPPORT
52 ITEMS LESS THAN $5 MILLION...... 9,174 9,174
SPARES AND REPAIR PARTS
53 SPARES AND REPAIR PARTS......... 27,295 27,295
TOTAL PROCUREMENT, MARINE CORPS. 2,903,976 2,963,576
AIRCRAFT PROCUREMENT, AIR FORCE
TACTICAL FORCES
1 F-35............................ 4,567,018 5,543,685
Additional 12 F-35As........ [976,667]
2 F-35............................ 610,800 610,800
4 F-15EX.......................... 1,269,847 1,269,847
5 F-15EX.......................... 133,500 133,500
TACTICAL AIRLIFT
7 KC-46A MDAP..................... 2,850,151 2,850,151
OTHER AIRLIFT
8 C-130J.......................... 37,131 37,131
10 MC-130J......................... 362,807 362,807
11 MC-130J......................... 39,987 39,987
HELICOPTERS
12 UH-1N REPLACEMENT............... 194,016 194,016
13 COMBAT RESCUE HELICOPTER........ 973,473 973,473
MISSION SUPPORT AIRCRAFT
15 CIVIL AIR PATROL A/C............ 2,811 2,811
OTHER AIRCRAFT
16 TARGET DRONES................... 133,273 133,273
18 COMPASS CALL.................... 161,117 161,117
20 MQ-9............................ 29,409 79,409
Program increase............ [50,000]
STRATEGIC AIRCRAFT
22 B-1............................. 3,853 0
USAF-requested transfer to [-3,853]
RDAF Line 174...............
23 B-2A............................ 31,476 31,476
24 B-1B............................ 21,808 21,315
USAF-requested transfer to [-493]
RDAF Line 174...............
25 B-52............................ 53,949 53,949
26 LARGE AIRCRAFT INFRARED 9,999 9,999
COUNTERMEASURES................
TACTICAL AIRCRAFT
27 A-10............................ 135,793 135,793
28 E-11 BACN/HAG................... 33,645 33,645
29 F-15............................ 349,304 349,304
30 F-16............................ 615,760 640,760
Additional radars........... [25,000]
32 F-22A........................... 387,905 387,905
33 F-35 MODIFICATIONS.............. 322,185 322,185
34 F-15 EPAW....................... 31,995 31,995
35 INCREMENT 3.2B.................. 5,889 5,889
36 KC-46A MDAP..................... 24,085 24,085
AIRLIFT AIRCRAFT
37 C-5............................. 62,108 62,108
38 C-17A........................... 66,798 66,798
40 C-32A........................... 2,947 2,947
41 C-37A........................... 12,985 12,985
TRAINER AIRCRAFT
42 GLIDER MODS..................... 977 977
43 T-6............................. 26,829 26,829
44 T-1............................. 4,465 4,465
45 T-38............................ 36,806 44,506
T-38 ejection seats......... [7,700]
OTHER AIRCRAFT
46 U-2 MODS........................ 110,618 110,618
47 KC-10A (ATCA)................... 117 117
49 VC-25A MOD...................... 1,983 1,983
50 C-40............................ 9,252 9,252
51 C-130........................... 5,871 5,871
52 C-130J MODS..................... 140,032 140,032
53 C-135........................... 88,250 88,250
55 COMPASS CALL.................... 193,389 193,389
57 RC-135.......................... 191,332 191,332
58 E-3............................. 172,141 172,141
59 E-4............................. 58,803 44,103
Funds rephased to future [-14,700]
fiscal years................
60 E-8............................. 11,037 21,037
Secure information [10,000]
transmission capability.....
61 AIRBORNE WARNING AND CNTRL SYS 53,343 53,343
(AWACS) 40/45..................
62 FAMILY OF BEYOND LINE-OF-SIGHT 1,573 1,573
TERMINALS......................
63 H-1............................. 4,410 4,410
64 H-60............................ 44,538 44,538
65 RQ-4 MODS....................... 40,468 40,468
66 HC/MC-130 MODIFICATIONS......... 20,780 20,780
67 OTHER AIRCRAFT.................. 100,774 100,774
68 MQ-9 MODS....................... 188,387 188,387
70 CV-22 MODS...................... 122,306 127,306
CV-22 ABSS.................. [5,000]
AIRCRAFT SPARES AND REPAIR PARTS
71 INITIAL SPARES/REPAIR PARTS..... 926,683 956,683
F-35A initial spares [30,000]
increase....................
COMMON SUPPORT EQUIPMENT
73 AIRCRAFT REPLACEMENT SUPPORT 132,719 132,719
EQUIP..........................
POST PRODUCTION SUPPORT
74 B-2A............................ 1,683 1,683
75 B-2B............................ 46,734 46,734
76 B-52............................ 1,034 1,034
79 E-11 BACN/HAG................... 63,419 63,419
80 F-15............................ 2,632 2,632
81 F-16............................ 14,163 14,163
83 OTHER AIRCRAFT.................. 4,595 4,595
84 RQ-4 POST PRODUCTION CHARGES.... 32,585 32,585
INDUSTRIAL PREPAREDNESS
85 INDUSTRIAL RESPONSIVENESS....... 18,215 18,215
WAR CONSUMABLES
86 WAR CONSUMABLES................. 36,046 36,046
OTHER PRODUCTION CHARGES
87 OTHER PRODUCTION CHARGES........ 1,439,640 1,514,640
Classified increase......... [75,000]
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS............. 21,692 21,692
TOTAL AIRCRAFT PROCUREMENT, AIR 17,908,145 19,068,466
FORCE..........................
MISSILE PROCUREMENT, AIR FORCE
MISSILE REPLACEMENT EQUIPMENT--
BALLISTIC
1 MISSILE REPLACEMENT EQ-BALLISTIC 75,012 75,012
TACTICAL
2 REPLAC EQUIP & WAR CONSUMABLES.. 4,495 4,495
4 JOINT AIR-SURFACE STANDOFF 475,949 400,949
MISSILE........................
Realignment to support NDS [-75,000]
requirements in Pacific.....
5 LRASM0.......................... 19,800 94,800
Additional Air Force LRASM [75,000]
missiles....................
6 SIDEWINDER (AIM-9X)............. 164,769 164,769
7 AMRAAM.......................... 453,223 453,223
8 PREDATOR HELLFIRE MISSILE....... 40,129 40,129
9 SMALL DIAMETER BOMB............. 45,475 45,475
10 SMALL DIAMETER BOMB II.......... 273,272 273,272
INDUSTRIAL FACILITIES
11 INDUSTR'L PREPAREDNS/POL 814 814
PREVENTION.....................
CLASS IV
13 ICBM FUZE MOD................... 3,458 3,458
14 ICBM FUZE MOD AP................ 43,450 43,450
15 MM III MODIFICATIONS............ 85,310 85,310
16 AGM-65D MAVERICK................ 298 298
17 AIR LAUNCH CRUISE MISSILE (ALCM) 52,924 52,924
MISSILE SPARES AND REPAIR PARTS
18 MSL SPRS/REPAIR PARTS (INITIAL). 9,402 9,402
19 MSL SPRS/REPAIR PARTS (REPLEN).. 84,671 84,671
SPECIAL PROGRAMS
25 SPECIAL UPDATE PROGRAMS......... 23,501 23,501
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS............. 540,465 540,465
TOTAL MISSILE PROCUREMENT, AIR 2,396,417 2,396,417
FORCE..........................
PROCUREMENT, SPACE FORCE
SPACE PROCUREMENT, SF
1 ADVANCED EHF.................... 14,823 14,823
2 AF SATELLITE COMM SYSTEM........ 48,326 48,326
3 COUNTERSPACE SYSTEMS............ 65,540 65,540
4 FAMILY OF BEYOND LINE-OF-SIGHT 66,190 66,190
TERMINALS......................
5 GENERAL INFORMATION TECH--SPACE. 3,299 3,299
6 GPSIII FOLLOW ON................ 627,796 627,796
7 GPS III SPACE SEGMENT........... 20,122 20,122
8 GLOBAL POSTIONING (SPACE)....... 2,256 2,256
9 SPACEBORNE EQUIP (COMSEC)....... 35,495 35,495
10 MILSATCOM....................... 15,795 15,795
11 SBIR HIGH (SPACE)............... 160,891 160,891
12 SPECIAL SPACE ACTIVITIES........ 78,387 78,387
13 NATIONAL SECURITY SPACE LAUNCH.. 1,043,171 1,043,171
14 NUDET DETECTION SYSTEM.......... 6,638 6,638
15 ROCKET SYSTEMS LAUNCH PROGRAM... 47,741 47,741
16 SPACE FENCE..................... 11,279 11,279
17 SPACE MODS...................... 96,551 109,051
Cobra Dane service life [12,500]
extension...................
18 SPACELIFT RANGE SYSTEM SPACE.... 100,492 100,492
SPARES
19 SPARES AND REPAIR PARTS......... 1,272 1,272
TOTAL PROCUREMENT, SPACE FORCE.. 2,446,064 2,458,564
PROCUREMENT OF AMMUNITION, AIR
FORCE
ROCKETS
1 ROCKETS......................... 14,962 14,962
CARTRIDGES
2 CARTRIDGES...................... 123,365 123,365
BOMBS
3 PRACTICE BOMBS.................. 59,725 59,725
6 JOINT DIRECT ATTACK MUNITION.... 206,989 206,989
7 B61............................. 35,634 35,634
OTHER ITEMS
9 CAD/PAD......................... 47,830 47,830
10 EXPLOSIVE ORDNANCE DISPOSAL 6,232 6,232
(EOD)..........................
11 SPARES AND REPAIR PARTS......... 542 542
12 MODIFICATIONS................... 1,310 1,310
13 ITEMS LESS THAN $5,000,000...... 4,753 4,753
FLARES
15 FLARES.......................... 40,088 40,088
FUZES
16 FUZES........................... 40,983 40,983
SMALL ARMS
17 SMALL ARMS...................... 13,925 13,925
TOTAL PROCUREMENT OF AMMUNITION, 596,338 596,338
AIR FORCE......................
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
1 PASSENGER CARRYING VEHICLES..... 9,016 9,016
CARGO AND UTILITY VEHICLES
2 MEDIUM TACTICAL VEHICLE......... 15,058 15,058
3 CAP VEHICLES.................... 1,059 1,059
4 CARGO AND UTILITY VEHICLES...... 38,920 38,920
SPECIAL PURPOSE VEHICLES
5 JOINT LIGHT TACTICAL VEHICLE.... 30,544 30,544
6 SECURITY AND TACTICAL VEHICLES.. 319 319
7 SPECIAL PURPOSE VEHICLES........ 43,157 43,157
FIRE FIGHTING EQUIPMENT
8 FIRE FIGHTING/CRASH RESCUE 8,621 8,621
VEHICLES.......................
MATERIALS HANDLING EQUIPMENT
9 MATERIALS HANDLING VEHICLES..... 12,897 12,897
BASE MAINTENANCE SUPPORT
10 RUNWAY SNOW REMOV AND CLEANING 3,577 3,577
EQU............................
11 BASE MAINTENANCE SUPPORT 43,095 43,095
VEHICLES.......................
COMM SECURITY EQUIPMENT(COMSEC)
13 COMSEC EQUIPMENT................ 54,864 54,864
INTELLIGENCE PROGRAMS
14 INTERNATIONAL INTEL TECH & 9,283 10,783
ARCHITECTURES..................
PDI: Mission Partner [1,500]
Environment BICES-X local
upgrades....................
15 INTELLIGENCE TRAINING EQUIPMENT. 6,849 6,849
16 INTELLIGENCE COMM EQUIPMENT..... 33,471 33,471
ELECTRONICS PROGRAMS
17 AIR TRAFFIC CONTROL & LANDING 29,409 29,409
SYS............................
18 BATTLE CONTROL SYSTEM--FIXED.... 7,909 7,909
19 THEATER AIR CONTROL SYS 32,632 32,632
IMPROVEMEN.....................
20 WEATHER OBSERVATION FORECAST.... 33,021 33,021
21 STRATEGIC COMMAND AND CONTROL... 31,353 31,353
22 CHEYENNE MOUNTAIN COMPLEX....... 10,314 10,314
23 MISSION PLANNING SYSTEMS........ 15,132 15,132
25 INTEGRATED STRAT PLAN & ANALY 9,806 9,806
NETWORK (ISPAN)................
SPCL COMM-ELECTRONICS PROJECTS
26 GENERAL INFORMATION TECHNOLOGY.. 39,887 39,887
27 AF GLOBAL COMMAND & CONTROL SYS. 2,602 2,602
29 MOBILITY COMMAND AND CONTROL.... 10,541 10,541
30 AIR FORCE PHYSICAL SECURITY 96,277 96,277
SYSTEM.........................
31 COMBAT TRAINING RANGES.......... 195,185 195,185
32 MINIMUM ESSENTIAL EMERGENCY COMM 29,664 29,664
N..............................
33 WIDE AREA SURVEILLANCE (WAS).... 59,633 59,633
34 C3 COUNTERMEASURES.............. 105,584 105,584
36 DEFENSE ENTERPRISE ACCOUNTING & 899 899
MGT SYS........................
38 THEATER BATTLE MGT C2 SYSTEM.... 3,392 3,392
39 AIR & SPACE OPERATIONS CENTER 24,983 24,983
(AOC)..........................
AIR FORCE COMMUNICATIONS
41 BASE INFORMATION TRANSPT INFRAST 19,147 19,147
(BITI) WIRED...................
42 AFNET........................... 84,515 84,515
43 JOINT COMMUNICATIONS SUPPORT 6,185 6,185
ELEMENT (JCSE).................
44 USCENTCOM....................... 19,649 19,649
45 USSTRATCOM...................... 4,337 4,337
ORGANIZATION AND BASE
46 TACTICAL C-E EQUIPMENT.......... 137,033 137,033
47 RADIO EQUIPMENT................. 15,264 15,264
49 BASE COMM INFRASTRUCTURE........ 132,281 146,281
PDI: Mission Partner [14,000]
Environment PACNET..........
MODIFICATIONS
50 COMM ELECT MODS................. 21,471 21,471
PERSONAL SAFETY & RESCUE EQUIP
51 PERSONAL SAFETY AND RESCUE 49,578 49,578
EQUIPMENT......................
DEPOT PLANT+MTRLS HANDLING EQ
52 POWER CONDITIONING EQUIPMENT.... 11,454 11,454
53 MECHANIZED MATERIAL HANDLING 12,110 12,110
EQUIP..........................
BASE SUPPORT EQUIPMENT
54 BASE PROCURED EQUIPMENT......... 21,142 21,142
55 ENGINEERING AND EOD EQUIPMENT... 7,700 7,700
56 MOBILITY EQUIPMENT.............. 18,266 22,966
Insulation system for Air [4,700]
Force shelters..............
57 FUELS SUPPORT EQUIPMENT (FSE)... 9,601 9,601
58 BASE MAINTENANCE AND SUPPORT 42,078 42,078
EQUIPMENT......................
SPECIAL SUPPORT PROJECTS
60 DARP RC135...................... 27,164 27,164
61 DCGS-AF......................... 121,528 121,528
63 SPECIAL UPDATE PROGRAM.......... 782,641 782,641
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS............. 21,086,112 21,086,112
SPARES AND REPAIR PARTS
64 SPARES AND REPAIR PARTS (CYBER). 1,664 1,664
65 SPARES AND REPAIR PARTS......... 15,847 15,847
TOTAL OTHER PROCUREMENT, AIR 23,695,720 23,715,920
FORCE..........................
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DCMA
2 MAJOR EQUIPMENT................. 1,398 1,398
MAJOR EQUIPMENT, DCSA
3 MAJOR EQUIPMENT................. 2,212 2,212
MAJOR EQUIPMENT, DHRA
5 PERSONNEL ADMINISTRATION........ 4,213 4,213
MAJOR EQUIPMENT, DISA
11 INFORMATION SYSTEMS SECURITY.... 17,211 17,211
12 TELEPORT PROGRAM................ 29,841 29,841
13 JOINT FORCES HEADQUARTERS--DODIN 3,091 3,091
14 ITEMS LESS THAN $5 MILLION...... 41,569 41,569
16 DEFENSE INFORMATION SYSTEM 26,978 26,978
NETWORK........................
17 WHITE HOUSE COMMUNICATION AGENCY 44,161 44,161
18 SENIOR LEADERSHIP ENTERPRISE.... 35,935 35,935
19 JOINT REGIONAL SECURITY STACKS 88,741 77,641
(JRSS).........................
JRSS SIPR funding........... [-11,100]
20 JOINT SERVICE PROVIDER.......... 157,538 157,538
21 FOURTH ESTATE NETWORK 42,084 42,084
OPTIMIZATION (4ENO)............
MAJOR EQUIPMENT, DLA
23 MAJOR EQUIPMENT................. 417,459 417,459
MAJOR EQUIPMENT, DMACT
24 MAJOR EQUIPMENT................. 7,993 7,993
MAJOR EQUIPMENT, DODEA
25 AUTOMATION/EDUCATIONAL SUPPORT & 1,319 1,319
LOGISTICS......................
MAJOR EQUIPMENT, DPAA
26 MAJOR EQUIPMENT, DPAA........... 500 500
MAJOR EQUIPMENT, DEFENSE
SECURITY COOPERATION AGENCY
27 REGIONAL CENTER PROCUREMENT..... 1,598 1,598
MAJOR EQUIPMENT, DEFENSE THREAT
REDUCTION AGENCY
28 VEHICLES........................ 215 215
29 OTHER MAJOR EQUIPMENT........... 9,994 9,994
MAJOR EQUIPMENT, MISSILE DEFENSE
AGENCY
31 THAAD........................... 495,396 601,796
8th THAAD battery components [76,300]
HEMTT life-of-type buy...... [30,100]
34 AEGIS BMD....................... 356,195 356,195
35 AEGIS BMD AP.................... 44,901 44,901
36 BMDS AN/TPY-2 RADARS............ 0 243,300
8th THAAD battery radar [243,300]
equipment...................
37 SM-3 IIAS....................... 218,322 346,322
Additional SM-3 Block IIA [128,000]
interceptors................
38 ARROW 3 UPPER TIER SYSTEMS...... 77,000 77,000
39 SHORT RANGE BALLISTIC MISSILE 50,000 50,000
DEFENSE (SRBMD)................
40 AEGIS ASHORE PHASE III.......... 39,114 39,114
41 IRON DOME....................... 73,000 73,000
42 AEGIS BMD HARDWARE AND SOFTWARE. 104,241 104,241
MAJOR EQUIPMENT, NSA
48 INFORMATION SYSTEMS SECURITY 101 101
PROGRAM (ISSP).................
MAJOR EQUIPMENT, OSD
49 MAJOR EQUIPMENT, OSD............ 3,099 3,099
MAJOR EQUIPMENT, TJS
50 MAJOR EQUIPMENT, TJS............ 8,329 8,329
51 MAJOR EQUIPMENT--TJS CYBER...... 1,247 1,247
MAJOR EQUIPMENT, WHS
53 MAJOR EQUIPMENT, WHS............ 515 515
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS............. 554,264 554,264
AVIATION PROGRAMS
55 ARMED OVERWATCH/TARGETING....... 101,000 0
Lack of validated [-101,000]
requirement and analysis....
56 MANNED ISR...................... 0 40,100
SOCOM DHC-8 combat loss [40,100]
replacement.................
59 ROTARY WING UPGRADES AND 211,041 211,041
SUSTAINMENT....................
60 UNMANNED ISR.................... 25,488 25,488
61 NON-STANDARD AVIATION........... 61,874 61,874
62 U-28............................ 3,825 28,525
SOCOM aircraft maintenance [24,700]
support combat loss
replacement.................
63 MH-47 CHINOOK................... 135,482 135,482
64 CV-22 MODIFICATION.............. 14,829 14,829
65 MQ-9 UNMANNED AERIAL VEHICLE.... 6,746 6,746
66 PRECISION STRIKE PACKAGE........ 243,111 243,111
67 AC/MC-130J...................... 163,914 163,914
68 C-130 MODIFICATIONS............. 20,414 20,414
SHIPBUILDING
69 UNDERWATER SYSTEMS.............. 20,556 20,556
AMMUNITION PROGRAMS
70 ORDNANCE ITEMS <$5M............. 186,197 186,197
OTHER PROCUREMENT PROGRAMS
71 INTELLIGENCE SYSTEMS............ 94,982 108,382
Transfer from MMP-Light to [13,400]
man-pack....................
72 DISTRIBUTED COMMON GROUND/ 11,645 11,645
SURFACE SYSTEMS................
73 OTHER ITEMS <$5M................ 96,333 96,333
74 COMBATANT CRAFT SYSTEMS......... 17,278 17,278
75 SPECIAL PROGRAMS................ 78,865 78,865
76 TACTICAL VEHICLES............... 30,158 30,158
77 WARRIOR SYSTEMS <$5M............ 260,733 248,533
MMP-Light unexecutable, [-12,200]
transfer to man-pack........
78 COMBAT MISSION REQUIREMENTS..... 19,848 19,848
79 GLOBAL VIDEO SURVEILLANCE 2,401 2,401
ACTIVITIES.....................
80 OPERATIONAL ENHANCEMENTS 13,861 13,861
INTELLIGENCE...................
81 OPERATIONAL ENHANCEMENTS........ 247,038 259,538
SOCOM Syria exfiltration [12,500]
reconsitution...............
CBDP
82 CHEMICAL BIOLOGICAL SITUATIONAL 147,150 147,150
AWARENESS......................
83 CB PROTECTION & HAZARD 149,944 149,944
MITIGATION.....................
TOTAL PROCUREMENT, DEFENSE-WIDE. 5,324,487 5,768,587
TOTAL PROCUREMENT............... 130,684,160 134,014,838
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2021 Senate
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY
ROTARY
9 AH-64 APACHE BLOCK IIIB NEW 69,154 69,154
BUILD..........................
14 CH-47 HELICOPTER................ 50,472 50,472
MODIFICATION OF AIRCRAFT
17 MQ-1 PAYLOAD (MIP).............. 5,968 5,968
20 MULTI SENSOR ABN RECON (MIP).... 122,520 122,520
25 EMARSS SEMA MODS (MIP).......... 26,460 26,460
30 DEGRADED VISUAL ENVIRONMENT..... 1,916 1,916
GROUND SUPPORT AVIONICS
37 CMWS............................ 149,162 149,162
38 COMMON INFRARED COUNTERMEASURES 32,400 32,400
(CIRCM)........................
OTHER SUPPORT
41 AIRCREW INTEGRATED SYSTEMS...... 3,028 3,028
TOTAL AIRCRAFT PROCUREMENT, ARMY 461,080 461,080
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
2 M-SHORAD--PROCUREMENT........... 158,300 158,300
3 MSE MISSILE..................... 176,585 0
Inappropriate for EDI, [-176,585]
transfer to base............
AIR-TO-SURFACE MISSILE SYSTEM
6 HELLFIRE SYS SUMMARY............ 236,265 236,265
ANTI-TANK/ASSAULT MISSILE SYS
11 GUIDED MLRS ROCKET (GMLRS)...... 127,015 127,015
15 LETHAL MINIATURE AERIAL MISSILE 84,993 84,993
SYSTEM (LMAMS..................
MODIFICATIONS
17 ATACMS MODS..................... 78,434 78,434
22 MLRS MODS....................... 20,000 20,000
TOTAL MISSILE PROCUREMENT, ARMY. 881,592 705,007
PROCUREMENT OF W&TCV, ARMY
WEAPONS & OTHER COMBAT VEHICLES
16 MULTI-ROLE ANTI-ARMOR ANTI- 4,765 4,765
PERSONNEL WEAPON S.............
18 MORTAR SYSTEMS.................. 10,460 10,460
TOTAL PROCUREMENT OF W&TCV, ARMY 15,225 15,225
PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
1 CTG, 5.56MM, ALL TYPES.......... 567 567
2 CTG, 7.62MM, ALL TYPES.......... 40 40
4 CTG, HANDGUN, ALL TYPES......... 17 17
5 CTG, .50 CAL, ALL TYPES......... 189 189
8 CTG, 30MM, ALL TYPES............ 24,900 24,900
ARTILLERY AMMUNITION
16 PROJ 155MM EXTENDED RANGE M982.. 29,213 29,213
17 ARTILLERY PROPELLANTS, FUZES AND 21,675 21,675
PRIMERS, ALL...................
ROCKETS
20 SHOULDER LAUNCHED MUNITIONS, ALL 176 176
TYPES..........................
21 ROCKET, HYDRA 70, ALL TYPES..... 33,880 33,880
MISCELLANEOUS
29 ITEMS LESS THAN $5 MILLION 11 11
(AMMO).........................
TOTAL PROCUREMENT OF AMMUNITION, 110,668 110,668
ARMY...........................
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
13 FAMILY OF HEAVY TACTICAL 6,500 6,500
VEHICLES (FHTV)................
14 PLS ESP......................... 15,163 15,163
17 TACTICAL WHEELED VEHICLE 27,066 27,066
PROTECTION KITS................
COMM--SATELLITE COMMUNICATIONS
30 TRANSPORTABLE TACTICAL COMMAND 2,700 2,700
COMMUNICATIONS.................
32 ASSURED POSITIONING, NAVIGATION 12,566 12,566
AND TIMING.....................
33 SMART-T (SPACE)................. 289 289
34 GLOBAL BRDCST SVC--GBS.......... 319 319
COMM--COMBAT COMMUNICATIONS
45 FAMILY OF MED COMM FOR COMBAT 1,257 1,257
CASUALTY CARE..................
COMM--INTELLIGENCE COMM
48 CI AUTOMATION ARCHITECTURE (MIP) 1,230 1,230
INFORMATION SECURITY
52 COMMUNICATIONS SECURITY (COMSEC) 128 128
COMM--BASE COMMUNICATIONS
58 INFORMATION SYSTEMS............. 15,277 15,277
62 INSTALLATION INFO INFRASTRUCTURE 74,004 80,004
MOD PROGRAM....................
EDI: NATO Response Force [6,000]
(NRF) networks..............
ELECT EQUIP--TACT INT REL ACT
(TIARA)
68 DCGS-A (MIP).................... 47,709 47,709
70 TROJAN (MIP).................... 1,766 1,766
71 MOD OF IN-SVC EQUIP (INTEL SPT) 61,450 61,450
(MIP)..........................
73 BIOMETRIC TACTICAL COLLECTION 12,337 12,337
DEVICES (MIP)..................
ELECT EQUIP--ELECTRONIC WARFARE
(EW)
80 FAMILY OF PERSISTENT 44,293 44,293
SURVEILLANCE CAP. (MIP)........
81 COUNTERINTELLIGENCE/SECURITY 49,100 49,100
COUNTERMEASURES................
ELECT EQUIP--TACTICAL SURV. (TAC
SURV)
83 SENTINEL MODS................... 33,496 33,496
84 NIGHT VISION DEVICES............ 643 643
87 RADIATION MONITORING SYSTEMS.... 11 11
88 INDIRECT FIRE PROTECTION FAMILY 37,000 37,000
OF SYSTEMS.....................
94 COMPUTER BALLISTICS: LHMBC XM32. 280 280
95 MORTAR FIRE CONTROL SYSTEM...... 13,672 13,672
ELECT EQUIP--TACTICAL C2 SYSTEMS
100 AIR & MSL DEFENSE PLANNING & 15,143 15,143
CONTROL SYS....................
ELECT EQUIP--AUTOMATION
109 ARMY TRAINING MODERNIZATION..... 4,688 4,688
110 AUTOMATED DATA PROCESSING EQUIP. 16,552 16,552
CHEMICAL DEFENSIVE EQUIPMENT
121 FAMILY OF NON-LETHAL EQUIPMENT 25,480 25,480
(FNLE).........................
122 BASE DEFENSE SYSTEMS (BDS)...... 98,960 98,960
123 CBRN DEFENSE.................... 18,887 18,887
BRIDGING EQUIPMENT
125 TACTICAL BRIDGING............... 50,400 50,400
ENGINEER (NON-CONSTRUCTION)
EQUIPMENT
137 RENDER SAFE SETS KITS OUTFITS... 84,000 84,000
COMBAT SERVICE SUPPORT EQUIPMENT
140 HEATERS AND ECU'S............... 370 370
142 PERSONNEL RECOVERY SUPPORT 3,721 3,721
SYSTEM (PRSS)..................
145 FORCE PROVIDER.................. 56,400 129,800
EDI: Improvements to living [73,400]
quarters for rotational
forces in Europe............
146 FIELD FEEDING EQUIPMENT......... 2,279 2,279
147 CARGO AERIAL DEL & PERSONNEL 2,040 2,040
PARACHUTE SYSTEM...............
PETROLEUM EQUIPMENT
150 DISTRIBUTION SYSTEMS, PETROLEUM 4,374 4,374
& WATER........................
MEDICAL EQUIPMENT
151 COMBAT SUPPORT MEDICAL.......... 6,390 6,390
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE EQUIPMENT 7,769 7,769
SYSTEMS........................
153 ITEMS LESS THAN $5.0M (MAINT EQ) 184 184
CONSTRUCTION EQUIPMENT
156 LOADERS......................... 3,190 3,190
157 HYDRAULIC EXCAVATOR............. 7,600 7,600
158 TRACTOR, FULL TRACKED........... 7,450 7,450
160 HIGH MOBILITY ENGINEER EXCAVATOR 3,703 3,703
(HMEE).........................
162 CONST EQUIP ESP................. 657 657
GENERATORS
167 GENERATORS AND ASSOCIATED EQUIP. 106 106
MATERIAL HANDLING EQUIPMENT
169 FAMILY OF FORKLIFTS............. 1,885 1,885
OTHER SUPPORT EQUIPMENT
180 RAPID EQUIPPING SOLDIER SUPPORT 8,500 8,500
EQUIPMENT......................
181 PHYSICAL SECURITY SYSTEMS (OPA3) 3,248 3,248
185 BUILDING, PRE-FAB, RELOCATABLE.. 31,845 31,845
TOTAL OTHER PROCUREMENT, ARMY... 924,077 1,003,477
AIRCRAFT PROCUREMENT, NAVY
OTHER AIRCRAFT
24 STUASL0 UAV..................... 7,921 7,921
MODIFICATION OF AIRCRAFT
53 COMMON ECM EQUIPMENT............ 3,474 3,474
55 COMMON DEFENSIVE WEAPON SYSTEM.. 3,339 3,339
64 QRC............................. 18,507 18,507
TOTAL AIRCRAFT PROCUREMENT, NAVY 33,241 33,241
WEAPONS PROCUREMENT, NAVY
TACTICAL MISSILES
12 HELLFIRE........................ 5,572 5,572
TOTAL WEAPONS PROCUREMENT, NAVY. 5,572 5,572
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
1 GENERAL PURPOSE BOMBS........... 8,068 8,068
2 JDAM............................ 15,529 15,529
3 AIRBORNE ROCKETS, ALL TYPES..... 23,000 23,000
4 MACHINE GUN AMMUNITION.......... 22,600 22,600
6 CARTRIDGES & CART ACTUATED 3,927 3,927
DEVICES........................
7 AIR EXPENDABLE COUNTERMEASURES.. 15,978 15,978
8 JATOS........................... 2,100 2,100
11 OTHER SHIP GUN AMMUNITION....... 2,611 2,611
12 SMALL ARMS & LANDING PARTY AMMO. 1,624 1,624
13 PYROTECHNIC AND DEMOLITION...... 505 505
TOTAL PROCUREMENT OF AMMO, NAVY 95,942 95,942
& MC...........................
OTHER PROCUREMENT, NAVY
SMALL BOATS
28 STANDARD BOATS.................. 19,104 19,104
OTHER SHIP SUPPORT
35 SMALL & MEDIUM UUV.............. 2,946 2,946
ASW ELECTRONIC EQUIPMENT
43 FIXED SURVEILLANCE SYSTEM....... 213,000 213,000
SONOBUOYS
92 SONOBUOYS--ALL TYPES............ 26,196 26,196
AIRCRAFT SUPPORT EQUIPMENT
95 AIRCRAFT SUPPORT EQUIPMENT...... 60,217 60,217
OTHER ORDNANCE SUPPORT EQUIPMENT
110 EXPLOSIVE ORDNANCE DISPOSAL 2,124 2,124
EQUIP..........................
CIVIL ENGINEERING SUPPORT
EQUIPMENT
115 PASSENGER CARRYING VEHICLES..... 177 177
116 GENERAL PURPOSE TRUCKS.......... 416 416
118 FIRE FIGHTING EQUIPMENT......... 801 801
SUPPLY SUPPORT EQUIPMENT
125 FIRST DESTINATION TRANSPORTATION 520 520
TRAINING DEVICES
128 TRAINING AND EDUCATION EQUIPMENT 11,500 11,500
COMMAND SUPPORT EQUIPMENT
130 MEDICAL SUPPORT EQUIPMENT....... 3,525 3,525
136 PHYSICAL SECURITY EQUIPMENT..... 3,000 3,000
TOTAL OTHER PROCUREMENT, NAVY... 343,526 343,526
PROCUREMENT, MARINE CORPS
GUIDED MISSILES
12 GUIDED MLRS ROCKET (GMLRS)...... 17,456 17,456
OTHER SUPPORT (TEL)
15 MODIFICATION KITS............... 4,200 4,200
INTELL/COMM EQUIPMENT (NON-TEL)
22 INTELLIGENCE SUPPORT EQUIPMENT.. 10,124 10,124
TACTICAL VEHICLES
38 MOTOR TRANSPORT MODIFICATIONS... 16,183 16,183
TOTAL PROCUREMENT, MARINE CORPS. 47,963 47,963
AIRCRAFT PROCUREMENT, AIR FORCE
HELICOPTERS
13 COMBAT RESCUE HELICOPTER........ 174,000 174,000
OTHER AIRCRAFT
20 MQ-9............................ 142,490 142,490
21 RQ-20B PUMA..................... 13,770 13,770
STRATEGIC AIRCRAFT
26 LARGE AIRCRAFT INFRARED 57,521 57,521
COUNTERMEASURES................
OTHER AIRCRAFT
46 U-2 MODS........................ 9,600 9,600
55 COMPASS CALL.................... 12,800 12,800
66 HC/MC-130 MODIFICATIONS......... 58,020 58,020
69 MQ-9 UAS PAYLOADS............... 46,100 46,100
70 CV-22 MODS...................... 6,290 6,290
AIRCRAFT SPARES AND REPAIR PARTS
71 INITIAL SPARES/REPAIR PARTS..... 10,700 10,700
72 MQ-9............................ 12,250 12,250
COMMON SUPPORT EQUIPMENT
73 AIRCRAFT REPLACEMENT SUPPORT 25,614 25,614
EQUIP..........................
TOTAL AIRCRAFT PROCUREMENT, AIR 569,155 569,155
FORCE..........................
MISSILE PROCUREMENT, AIR FORCE
TACTICAL
4 JOINT AIR-SURFACE STANDOFF 30,000 30,000
MISSILE........................
8 PREDATOR HELLFIRE MISSILE....... 143,420 143,420
9 SMALL DIAMETER BOMB............. 50,352 50,352
TOTAL MISSILE PROCUREMENT, AIR 223,772 223,772
FORCE..........................
PROCUREMENT OF AMMUNITION, AIR
FORCE
ROCKETS
1 ROCKETS......................... 19,489 19,489
CARTRIDGES
2 CARTRIDGES...................... 40,434 40,434
BOMBS
4 GENERAL PURPOSE BOMBS........... 369,566 369,566
6 JOINT DIRECT ATTACK MUNITION.... 237,723 237,723
FLARES
15 FLARES.......................... 21,171 21,171
FUZES
16 FUZES........................... 107,855 107,855
SMALL ARMS
17 SMALL ARMS...................... 6,217 6,217
TOTAL PROCUREMENT OF AMMUNITION, 802,455 802,455
AIR FORCE......................
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
1 PASSENGER CARRYING VEHICLES..... 1,302 1,302
CARGO AND UTILITY VEHICLES
2 MEDIUM TACTICAL VEHICLE......... 3,400 3,400
4 CARGO AND UTILITY VEHICLES...... 12,475 12,475
SPECIAL PURPOSE VEHICLES
5 JOINT LIGHT TACTICAL VEHICLE.... 26,150 26,150
7 SPECIAL PURPOSE VEHICLES........ 51,254 51,254
FIRE FIGHTING EQUIPMENT
8 FIRE FIGHTING/CRASH RESCUE 24,903 24,903
VEHICLES.......................
MATERIALS HANDLING EQUIPMENT
9 MATERIALS HANDLING VEHICLES..... 14,167 14,167
BASE MAINTENANCE SUPPORT
10 RUNWAY SNOW REMOV AND CLEANING 5,759 5,759
EQU............................
11 BASE MAINTENANCE SUPPORT 20,653 20,653
VEHICLES.......................
SPCL COMM-ELECTRONICS PROJECTS
26 GENERAL INFORMATION TECHNOLOGY.. 5,100 5,100
30 AIR FORCE PHYSICAL SECURITY 56,496 56,496
SYSTEM.........................
ORGANIZATION AND BASE
49 BASE COMM INFRASTRUCTURE........ 30,717 30,717
BASE SUPPORT EQUIPMENT
55 ENGINEERING AND EOD EQUIPMENT... 13,172 13,172
56 MOBILITY EQUIPMENT.............. 33,694 33,694
57 FUELS SUPPORT EQUIPMENT (FSE)... 1,777 1,777
58 BASE MAINTENANCE AND SUPPORT 31,620 31,620
EQUIPMENT......................
SPECIAL SUPPORT PROJECTS
61 DCGS-AF......................... 18,700 18,700
SPARES AND REPAIR PARTS
65 SPARES AND REPAIR PARTS......... 4,000 4,000
TOTAL OTHER PROCUREMENT, AIR 355,339 355,339
FORCE..........................
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DISA
16 DEFENSE INFORMATION SYSTEM 6,120 6,120
NETWORK........................
MAJOR EQUIPMENT, DEFENSE THREAT
REDUCTION AGENCY
30 COUNTER IMPROVISED THREAT 2,540 2,540
TECHNOLOGIES...................
CLASSIFIED PROGRAMS............. 3,500 3,500
CLASSIFIED PROGRAMS
AVIATION PROGRAMS
56 MANNED ISR...................... 5,000 5,000
57 MC-12........................... 5,000 5,000
60 UNMANNED ISR.................... 8,207 8,207
AMMUNITION PROGRAMS
70 ORDNANCE ITEMS <$5M............. 105,355 105,355
OTHER PROCUREMENT PROGRAMS
71 INTELLIGENCE SYSTEMS............ 16,234 16,234
73 OTHER ITEMS <$5M................ 984 984
76 TACTICAL VEHICLES............... 2,990 2,990
77 WARRIOR SYSTEMS <$5M............ 32,573 32,573
78 COMBAT MISSION REQUIREMENTS..... 10,000 10,000
80 OPERATIONAL ENHANCEMENTS 6,724 6,724
INTELLIGENCE...................
81 OPERATIONAL ENHANCEMENTS........ 53,264 53,264
TOTAL PROCUREMENT, DEFENSE-WIDE. 258,491 258,491
TOTAL PROCUREMENT............... 5,128,098 5,030,913
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of
Dollars)
-------------------------------------------------------------------------
Program FY 2021 Senate
Line Element Item Request Authorized
------------------------------------------------------------------------
.............. RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
.............. BASIC RESEARCH
2 0601102A DEFENSE 303,257 315,257
RESEARCH
SCIENCES.
.............. AI human [2,000]
performance
optimizatio
n.
.............. Increase in [10,000]
basic
research.
3 0601103A UNIVERSITY 67,148 67,148
RESEARCH
INITIATIVES.
4 0601104A UNIVERSITY AND 87,877 87,877
INDUSTRY
RESEARCH
CENTERS.
5 0601121A CYBER 5,077 5,077
COLLABORATIVE
RESEARCH
ALLIANCE.
.............. SUBTOTAL BASIC 463,359 475,359
RESEARCH.
..............
.............. APPLIED
RESEARCH
7 0602115A BIOMEDICAL 11,835 15,835
TECHNOLOGY.
.............. Pandemic [4,000]
vaccine
response.
11 0602134A COUNTER 2,000 2,000
IMPROVISED-
THREAT
ADVANCED
STUDIES.
12 0602141A LETHALITY 42,425 45,425
TECHNOLOGY.
.............. Hybrid [3,000]
additive
manufacturi
ng.
13 0602142A ARMY APPLIED 30,757 33,757
RESEARCH.
.............. Pathfinder [3,000]
Air Assault.
14 0602143A SOLDIER 125,435 135,935
LETHALITY
TECHNOLOGY.
.............. Harnessing [2,500]
Emerging
Research
Opportuniti
es to
Empower
Soldiers
Program.
.............. Metal-based [3,000]
display
technologie
s.
.............. Pathfinder [5,000]
Airborne.
15 0602144A GROUND 28,047 30,047
TECHNOLOGY.
.............. Ground [2,000]
technology
advanced
manufacturi
ng,
materials
and process
initiative.
16 0602145A NEXT GENERATION 217,565 227,565
COMBAT VEHICLE
TECHNOLOGY.
.............. Ground [2,000]
combat
vehicle
platform
electrifica
tion.
.............. Immersive [5,000]
virtual
modeling
and
simulation
techniques.
.............. Next [3,000]
Generation
Combat
Vehicle
modeling
and
simulation.
17 0602146A NETWORK C3I 114,404 126,404
TECHNOLOGY.
.............. Backpackabl [5,000]
e
Communicati
ons
Intelligenc
e System.
.............. Defense [3,000]
resiliency
platform
against
extreme
cold
weather.
.............. Multi-drone [2,000]
multi-
sensor ISR
capability.
.............. Quantum [2,000]
computing
base
materials
optimizatio
n.
18 0602147A LONG RANGE 60,553 67,553
PRECISION
FIRES
TECHNOLOGY.
.............. Composite [7,000]
artillery
tube and
propulsion
prototyping.
19 0602148A FUTURE VERTICLE 96,484 96,484
LIFT
TECHNOLOGY.
20 0602150A AIR AND MISSILE 56,298 66,298
DEFENSE
TECHNOLOGY.
.............. Counter [5,000]
unmanned
aerial
systems
threat R&D.
.............. Counter [5,000]
unmanned
aircraft
systems
research.
22 0602213A C3I APPLIED 18,816 18,816
CYBER.
40 0602785A MANPOWER/ 20,766 20,766
PERSONNEL/
TRAINING
TECHNOLOGY.
42 0602787A MEDICAL 95,496 97,496
TECHNOLOGY.
.............. Research [2,000]
for
coronavirus
vaccine.
.............. SUBTOTAL 920,881 984,381
APPLIED
RESEARCH.
..............
.............. ADVANCED
TECHNOLOGY
DEVELOPMENT
44 0603002A MEDICAL 38,896 38,896
ADVANCED
TECHNOLOGY.
49 0603007A MANPOWER, 11,659 11,659
PERSONNEL AND
TRAINING
ADVANCED
TECHNOLOGY.
52 0603115A MEDICAL 27,723 27,723
DEVELOPMENT.
53 0603117A ARMY ADVANCED 62,663 62,663
TECHNOLOGY
DEVELOPMENT.
54 0603118A SOLDIER 109,608 111,608
LETHALITY
ADVANCED
TECHNOLOGY.
.............. 3D advanced [2,000]
manufacturi
ng.
55 0603119A GROUND ADVANCED 14,795 20,795
TECHNOLOGY.
.............. Cybersecuri [3,000]
ty for
industrial
control
systems and
building
automation.
.............. Graphene [3,000]
application
s for
military
engineering.
59 0603134A COUNTER 25,000 25,000
IMPROVISED-
THREAT
SIMULATION.
63 0603457A C3I CYBER 23,357 23,357
ADVANCED
DEVELOPMENT.
64 0603461A HIGH 188,024 193,024
PERFORMANCE
COMPUTING
MODERNIZATION
PROGRAM.
.............. High [5,000]
performance
computing
modernizati
on.
65 0603462A NEXT GENERATION 199,358 226,858
COMBAT VEHICLE
ADVANCED
TECHNOLOGY.
.............. Carbon [10,000]
fiber and
graphitic
composites.
.............. Cyber and [5,000]
connected
vehicle
innovation
research.
.............. Small unit [7,500]
ground
robotic
capabilitie
s.
.............. Virtual [5,000]
experimenta
tions
enhancement.
66 0603463A NETWORK C3I 158,608 158,608
ADVANCED
TECHNOLOGY.
67 0603464A LONG RANGE 121,060 124,060
PRECISION
FIRES ADVANCED
TECHNOLOGY.
.............. Hyper [3,000]
velocity
projectile-
-extended
range
technologie
s.
68 0603465A FUTURE VERTICAL 156,194 156,194
LIFT ADVANCED
TECHNOLOGY.
69 0603466A AIR AND MISSILE 58,130 73,630
DEFENSE
ADVANCED
TECHNOLOGY.
.............. Electromagn [5,000]
etic
effects
research to
support
fires and
AMD CFTs.
.............. High-energy [10,500]
laser
system
characteriz
ation lab.
77 0603920A HUMANITARIAN 8,515 8,515
DEMINING.
.............. SUBTOTAL 1,203,590 1,262,590
ADVANCED
TECHNOLOGY
DEVELOPMENT.
..............
.............. ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
78 0603305A ARMY MISSLE 11,062 14,062
DEFENSE
SYSTEMS
INTEGRATION.
.............. Hypersonic [3,000]
hot air
tunnel test
environment.
79 0603308A ARMY SPACE 26,230 26,230
SYSTEMS
INTEGRATION.
80 0603327A AIR AND MISSILE 26,482 26,482
DEFENSE
SYSTEMS
ENGINEERING.
81 0603619A LANDMINE 64,092 64,092
WARFARE AND
BARRIER--ADV
DEV.
83 0603639A TANK AND MEDIUM 92,753 92,753
CALIBER
AMMUNITION.
84 0603645A ARMORED SYSTEM 151,478 151,478
MODERNIZATION-
-ADV DEV.
85 0603747A SOLDIER SUPPORT 5,841 5,841
AND
SURVIVABILITY.
86 0603766A TACTICAL 194,775 194,775
ELECTRONIC
SURVEILLANCE
SYSTEM--ADV
DEV.
87 0603774A NIGHT VISION 24,316 24,316
SYSTEMS
ADVANCED
DEVELOPMENT.
88 0603779A ENVIRONMENTAL 13,387 13,387
QUALITY
TECHNOLOGY--DE
M/VAL.
89 0603790A NATO RESEARCH 4,762 4,762
AND
DEVELOPMENT.
90 0603801A AVIATION--ADV 647,937 652,937
DEV.
.............. Future Long [5,000]
Range
Assault
Aircraft
(FLRAA).
91 0603804A LOGISTICS AND 4,761 4,761
ENGINEER
EQUIPMENT--ADV
DEV.
92 0603807A MEDICAL 28,520 28,520
SYSTEMS--ADV
DEV.
93 0603827A SOLDIER 26,138 26,138
SYSTEMS--ADVAN
CED
DEVELOPMENT.
94 0604017A ROBOTICS 121,207 121,207
DEVELOPMENT.
96 0604021A ELECTRONIC 22,840 22,840
WARFARE
TECHNOLOGY
MATURATION
(MIP).
97 0604035A LOW EARTH ORBIT 22,678 22,678
(LEO)
SATELLITE
CAPABILITY.
98 0604100A ANALYSIS OF 10,082 10,082
ALTERNATIVES.
99 0604101A SMALL UNMANNED 1,378 1,378
AERIAL VEHICLE
(SUAV) (6.4).
100 0604113A FUTURE TACTICAL 40,083 40,083
UNMANNED
AIRCRAFT
SYSTEM (FTUAS).
101 0604114A LOWER TIER AIR 376,373 376,373
MISSILE
DEFENSE
(LTAMD) SENSOR.
102 0604115A TECHNOLOGY 156,834 146,834
MATURATION
INITIATIVES.
.............. OpFires [-10,000]
lack of
transition
pathway.
103 0604117A MANEUVER--SHORT 4,995 4,995
RANGE AIR
DEFENSE (M-
SHORAD).
105 0604119A ARMY ADVANCED 170,490 170,490
COMPONENT
DEVELOPMENT &
PROTOTYPING.
106 0604120A ASSURED 128,125 128,125
POSITIONING,
NAVIGATION AND
TIMING (PNT).
107 0604121A SYNTHETIC 129,547 129,547
TRAINING
ENVIRONMENT
REFINEMENT &
PROTOTYPING.
108 0604134A COUNTER 13,831 13,831
IMPROVISED-
THREAT
DEMONSTRATION,
PROTOTYPE
DEVELOPMENT,
AND TESTING.
109 0604182A HYPERSONICS.... 801,417 796,417
.............. Lack of [-5,000]
hypersonic
prototyping
coordinatio
n.
111 0604403A FUTURE 7,992 7,992
INTERCEPTOR.
112 0604541A UNIFIED NETWORK 40,677 40,677
TRANSPORT.
115 0305251A CYBERSPACE 50,525 50,525
OPERATIONS
FORCES AND
FORCE SUPPORT.
.............. SUBTOTAL 3,421,608 3,414,608
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
..............
.............. SYSTEM
DEVELOPMENT &
DEMONSTRATION
118 0604201A AIRCRAFT 2,764 2,764
AVIONICS.
119 0604270A ELECTRONIC 62,426 62,426
WARFARE
DEVELOPMENT.
121 0604601A INFANTRY 91,574 91,574
SUPPORT
WEAPONS.
122 0604604A MEDIUM TACTICAL 8,523 8,523
VEHICLES.
123 0604611A JAVELIN........ 7,493 7,493
124 0604622A FAMILY OF HEAVY 24,792 24,792
TACTICAL
VEHICLES.
125 0604633A AIR TRAFFIC 3,511 3,511
CONTROL.
126 0604642A LIGHT TACTICAL 1,976 1,976
WHEELED
VEHICLES.
127 0604645A ARMORED SYSTEMS 135,488 135,488
MODERNIZATION
(ASM)--ENG DEV.
128 0604710A NIGHT VISION 61,445 61,445
SYSTEMS--ENG
DEV.
129 0604713A COMBAT FEEDING, 2,814 2,814
CLOTHING, AND
EQUIPMENT.
130 0604715A NON-SYSTEM 28,036 28,036
TRAINING
DEVICES--ENG
DEV.
131 0604741A AIR DEFENSE 43,651 83,651
COMMAND,
CONTROL AND
INTELLIGENCE--
ENG DEV.
.............. Joint [17,500]
Counter-UAS
Office
acceleratio
n.
.............. Joint [7,500]
Counter-UAS
Office
SOCOM
advanced
capabilitie
s.
.............. Joint [15,000]
Counter-UAS
Office
SOCOM
demonstrati
ons.
132 0604742A CONSTRUCTIVE 10,150 10,150
SIMULATION
SYSTEMS
DEVELOPMENT.
133 0604746A AUTOMATIC TEST 5,578 5,578
EQUIPMENT
DEVELOPMENT.
134 0604760A DISTRIBUTIVE 7,892 7,892
INTERACTIVE
SIMULATIONS
(DIS)--ENG DEV.
135 0604768A BRILLIANT ANTI- 24,975 24,975
ARMOR
SUBMUNITION
(BAT).
136 0604780A COMBINED ARMS 3,568 3,568
TACTICAL
TRAINER (CATT)
CORE.
137 0604798A BRIGADE 19,268 19,268
ANALYSIS,
INTEGRATION
AND EVALUATION.
138 0604802A WEAPONS AND 265,811 266,611
MUNITIONS--ENG
DEV.
.............. Increase [800]
NGSW
soldier
touchpoints.
139 0604804A LOGISTICS AND 49,694 49,694
ENGINEER
EQUIPMENT--ENG
DEV.
140 0604805A COMMAND, 11,079 11,079
CONTROL,
COMMUNICATIONS
SYSTEMS--ENG
DEV.
141 0604807A MEDICAL 49,870 49,870
MATERIEL/
MEDICAL
BIOLOGICAL
DEFENSE
EQUIPMENT--ENG
DEV.
142 0604808A LANDMINE 9,589 9,589
WARFARE/
BARRIER--ENG
DEV.
143 0604818A ARMY TACTICAL 162,513 162,513
COMMAND &
CONTROL
HARDWARE &
SOFTWARE.
144 0604820A RADAR 109,259 109,259
DEVELOPMENT.
145 0604822A GENERAL FUND 21,201 21,201
ENTERPRISE
BUSINESS
SYSTEM (GFEBS).
146 0604823A FIREFINDER..... 20,008 20,008
147 0604827A SOLDIER 6,534 6,534
SYSTEMS--WARRI
OR DEM/VAL.
148 0604852A SUITE OF 82,459 129,459
SURVIVABILITY
ENHANCEMENT
SYSTEMS--EMD.
.............. Bradley and [47,000]
Stryker APS.
149 0604854A ARTILLERY 11,611 11,611
SYSTEMS--EMD.
150 0605013A INFORMATION 142,678 147,678
TECHNOLOGY
DEVELOPMENT.
.............. Integrated [5,000]
data
software
pilot
program.
151 0605018A INTEGRATED 115,286 115,286
PERSONNEL AND
PAY SYSTEM-
ARMY (IPPS-A).
152 0605028A ARMORED MULTI- 96,594 96,594
PURPOSE
VEHICLE (AMPV).
154 0605030A JOINT TACTICAL 16,264 16,264
NETWORK CENTER
(JTNC).
155 0605031A JOINT TACTICAL 31,696 31,696
NETWORK (JTN).
157 0605033A GROUND-BASED 5,976 5,976
OPERATIONAL
SURVEILLANCE
SYSTEM--EXPEDI
TIONARY (GBOSS-
E).
159 0605035A COMMON INFRARED 23,321 23,321
COUNTERMEASURE
S (CIRCM).
161 0605038A NUCLEAR 4,846 4,846
BIOLOGICAL
CHEMICAL
RECONNAISSANCE
VEHICLE
(NBCRV) SENSOR
SUITE.
162 0605041A DEFENSIVE CYBER 28,544 16,544
TOOL
DEVELOPMENT.
.............. Army Cyber [-12,000]
SU program.
163 0605042A TACTICAL 28,178 28,178
NETWORK RADIO
SYSTEMS (LOW-
TIER).
164 0605047A CONTRACT 22,860 22,860
WRITING SYSTEM.
166 0605051A AIRCRAFT 35,893 35,893
SURVIVABILITY
DEVELOPMENT.
167 0605052A INDIRECT FIRE 235,770 187,970
PROTECTION
CAPABILITY INC
2--BLOCK 1.
.............. Army- [-47,800]
identified
funding
early to
need.
168 0605053A GROUND ROBOTICS 13,710 13,710
169 0605054A EMERGING 294,739 294,739
TECHNOLOGY
INITIATIVES.
170 0605145A MEDICAL 954 954
PRODUCTS AND
SUPPORT
SYSTEMS
DEVELOPMENT.
171 0605203A ARMY SYSTEM 150,201 150,201
DEVELOPMENT &
DEMONSTRATION.
172 0605205A SMALL UNMANNED 5,999 5,999
AERIAL VEHICLE
(SUAV) (6.5).
174 0605450A JOINT AIR-TO- 8,891 8,891
GROUND MISSILE
(JAGM).
175 0605457A ARMY INTEGRATED 193,929 193,929
AIR AND
MISSILE
DEFENSE
(AIAMD).
176 0605625A MANNED GROUND 327,732 247,732
VEHICLE.
.............. OMFV [-80,000]
program
reset.
177 0605766A NATIONAL 7,670 7,670
CAPABILITIES
INTEGRATION
(MIP).
178 0605812A JOINT LIGHT 1,742 1,742
TACTICAL
VEHICLE (JLTV)
ENGINEERING
AND
MANUFACTURING
DEVELOPMENT PH.
179 0605830A AVIATION GROUND 1,467 1,467
SUPPORT
EQUIPMENT.
180 0303032A TROJAN--RH12... 3,451 3,451
183 0304270A ELECTRONIC 55,855 55,855
WARFARE
DEVELOPMENT.
.............. SUBTOTAL SYSTEM 3,199,798 3,152,798
DEVELOPMENT &
DEMONSTRATION.
..............
.............. MANAGEMENT
SUPPORT
185 0604256A THREAT 14,515 14,515
SIMULATOR
DEVELOPMENT.
186 0604258A TARGET SYSTEMS 10,668 10,668
DEVELOPMENT.
187 0604759A MAJOR T&E 106,270 106,270
INVESTMENT.
188 0605103A RAND ARROYO 13,481 13,481
CENTER.
189 0605301A ARMY KWAJALEIN 231,824 231,824
ATOLL.
190 0605326A CONCEPTS 54,898 54,898
EXPERIMENTATIO
N PROGRAM.
192 0605601A ARMY TEST 350,359 365,359
RANGES AND
FACILITIES.
.............. Program [15,000]
increase--A
rmy
directed
energy T&E.
193 0605602A ARMY TECHNICAL 48,475 48,475
TEST
INSTRUMENTATIO
N AND TARGETS.
194 0605604A SURVIVABILITY/ 36,001 36,001
LETHALITY
ANALYSIS.
195 0605606A AIRCRAFT 2,736 2,736
CERTIFICATION.
196 0605702A METEOROLOGICAL 6,488 6,488
SUPPORT TO
RDT&E
ACTIVITIES.
197 0605706A MATERIEL 21,859 21,859
SYSTEMS
ANALYSIS.
198 0605709A EXPLOITATION OF 7,936 7,936
FOREIGN ITEMS.
199 0605712A SUPPORT OF 54,470 54,470
OPERATIONAL
TESTING.
200 0605716A ARMY EVALUATION 63,141 63,141
CENTER.
201 0605718A ARMY MODELING & 2,572 2,572
SIM X-CMD
COLLABORATION
& INTEG.
202 0605801A PROGRAMWIDE 87,472 87,472
ACTIVITIES.
203 0605803A TECHNICAL 26,244 26,244
INFORMATION
ACTIVITIES.
204 0605805A MUNITIONS 40,133 40,133
STANDARDIZATIO
N,
EFFECTIVENESS
AND SAFETY.
205 0605857A ENVIRONMENTAL 1,780 1,780
QUALITY
TECHNOLOGY
MGMT SUPPORT.
206 0605898A ARMY DIRECT 55,045 55,045
REPORT
HEADQUARTERS--
R&D - MHA.
208 0606002A RONALD REAGAN 71,306 71,306
BALLISTIC
MISSILE
DEFENSE TEST
SITE.
209 0606003A COUNTERINTEL 1,063 1,063
AND HUMAN
INTEL
MODERNIZATION.
210 0606105A MEDICAL PROGRAM- 19,891 19,891
WIDE
ACTIVITIES.
211 0606942A ASSESSMENTS AND 4,496 4,496
EVALUATIONS
CYBER
VULNERABILITIE
S.
.............. SUBTOTAL 1,333,123 1,348,123
MANAGEMENT
SUPPORT.
..............
.............. OPERATIONAL
SYSTEMS
DEVELOPMENT
214 0603778A MLRS PRODUCT 10,157 10,157
IMPROVEMENT
PROGRAM.
216 0605024A ANTI-TAMPER 8,682 8,682
TECHNOLOGY
SUPPORT.
217 0607131A WEAPONS AND 20,409 20,409
MUNITIONS
PRODUCT
IMPROVEMENT
PROGRAMS.
219 0607134A LONG RANGE 122,733 115,233
PRECISION
FIRES (LRPF).
.............. Excess [-7,500]
funds due
to second
vendor
dropped.
221 0607136A BLACKHAWK 11,236 11,236
PRODUCT
IMPROVEMENT
PROGRAM.
222 0607137A CHINOOK PRODUCT 46,091 46,091
IMPROVEMENT
PROGRAM.
224 0607139A IMPROVED 249,257 249,257
TURBINE ENGINE
PROGRAM.
225 0607142A AVIATION ROCKET 17,155 17,155
SYSTEM PRODUCT
IMPROVEMENT
AND
DEVELOPMENT.
226 0607143A UNMANNED 7,743 7,743
AIRCRAFT
SYSTEM
UNIVERSAL
PRODUCTS.
227 0607145A APACHE FUTURE 77,177 77,177
DEVELOPMENT.
228 0607150A INTEL CYBER 14,652 14,652
DEVELOPMENT.
229 0607312A ARMY 35,851 35,851
OPERATIONAL
SYSTEMS
DEVELOPMENT.
230 0607665A FAMILY OF 1,324 1,324
BIOMETRICS.
231 0607865A PATRIOT PRODUCT 187,840 187,840
IMPROVEMENT.
232 0203728A JOINT AUTOMATED 44,691 44,691
DEEP OPERATION
COORDINATION
SYSTEM
(JADOCS).
233 0203735A COMBAT VEHICLE 268,919 268,919
IMPROVEMENT
PROGRAMS.
234 0203743A 155MM SELF- 427,254 427,254
PROPELLED
HOWITZER
IMPROVEMENTS.
235 0203744A AIRCRAFT 11,688 11,688
MODIFICATIONS/
PRODUCT
IMPROVEMENT
PROGRAMS.
236 0203752A AIRCRAFT ENGINE 80 80
COMPONENT
IMPROVEMENT
PROGRAM.
237 0203758A DIGITIZATION... 4,516 4,516
238 0203801A MISSILE/AIR 1,288 1,288
DEFENSE
PRODUCT
IMPROVEMENT
PROGRAM.
239 0203802A OTHER MISSILE 79,424 79,424
PRODUCT
IMPROVEMENT
PROGRAMS.
243 0205412A ENVIRONMENTAL 259 259
QUALITY
TECHNOLOGY--OP
ERATIONAL
SYSTEM DEV.
244 0205456A LOWER TIER AIR 166 166
AND MISSILE
DEFENSE (AMD)
SYSTEM.
245 0205778A GUIDED MULTIPLE- 75,575 93,075
LAUNCH ROCKET
SYSTEM (GMLRS).
.............. Qualificati [17,500]
on of
second SRM
source.
246 0208053A JOINT TACTICAL 9,510 9,510
GROUND SYSTEM.
249 0303140A INFORMATION 29,270 29,270
SYSTEMS
SECURITY
PROGRAM.
250 0303141A GLOBAL COMBAT 86,908 86,908
SUPPORT SYSTEM.
251 0303142A SATCOM GROUND 18,684 18,684
ENVIRONMENT
(SPACE).
256 0305179A INTEGRATED 467 467
BROADCAST
SERVICE (IBS).
257 0305204A TACTICAL 4,051 4,051
UNMANNED
AERIAL
VEHICLES.
258 0305206A AIRBORNE 13,283 13,283
RECONNAISSANCE
SYSTEMS.
259 0305208A DISTRIBUTED 47,204 47,204
COMMON GROUND/
SURFACE
SYSTEMS.
264 0708045A END ITEM 61,012 78,512
INDUSTRIAL
PREPAREDNESS
ACTIVITIES.
.............. Functional [7,500]
fabrics
manufacturi
ng.
.............. Nanoscale [5,000]
materials
manufacturi
ng.
.............. Tungsten [5,000]
manufacturi
ng for
armanents.
999 9999999999 CLASSIFIED 3,983 3,983
PROGRAMS.
.............. SUBTOTAL 1,998,539 2,026,039
OPERATIONAL
SYSTEMS
DEVELOPMENT.
..............
.............. SOFTWARE AND
DIGITAL
TECHNOLOGY
PILOT PROGRAMS
267 0608041A DEFENSIVE 46,445 46,445
CYBER--SOFTWAR
E PROTOTYPE
DEVELOPMENT.
.............. SUBTOTAL 46,445 46,445
SOFTWARE AND
DIGITAL
TECHNOLOGY
PILOT PROGRAMS.
..............
.............. TOTAL RESEARCH, 12,587,343 12,710,343
DEVELOPMENT,
TEST & EVAL,
ARMY.
..............
.............. RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
.............. BASIC RESEARCH
1 0601103N UNIVERSITY 116,816 118,816
RESEARCH
INITIATIVES.
.............. Defense [2,000]
University
Research
and
Instrumenta
tion
Program.
2 0601152N IN-HOUSE 19,113 19,113
LABORATORY
INDEPENDENT
RESEARCH.
3 0601153N DEFENSE 467,158 480,158
RESEARCH
SCIENCES.
.............. Increase in [10,000]
basic
research.
.............. Predictive [3,000]
modeling
for
undersea
vehicles.
.............. SUBTOTAL BASIC 603,087 618,087
RESEARCH.
..............
.............. APPLIED
RESEARCH
4 0602114N POWER 17,792 17,792
PROJECTION
APPLIED
RESEARCH.
5 0602123N FORCE 122,281 140,281
PROTECTION
APPLIED
RESEARCH.
.............. Direct air [8,000]
capture and
blue carbon
removal
technology
program.
.............. Electric [2,000]
propulsion
for
military
craft and
advanced
planning
hulls.
.............. Expeditiona [5,000]
ry unmanned
systems
launch and
recovery.
.............. Testbed for [3,000]
autonomous
ship
systems.
6 0602131M MARINE CORPS 50,623 53,623
LANDING FORCE
TECHNOLOGY.
.............. Interdiscip [3,000]
linary
cybersecuri
ty research.
7 0602235N COMMON PICTURE 48,001 48,001
APPLIED
RESEARCH.
8 0602236N WARFIGHTER 67,765 74,765
SUSTAINMENT
APPLIED
RESEARCH.
.............. Humanoid [4,000]
robotics
research.
.............. Social [3,000]
networks
and
computation
al social
science.
9 0602271N ELECTROMAGNETIC 84,994 84,994
SYSTEMS
APPLIED
RESEARCH.
10 0602435N OCEAN 63,392 63,392
WARFIGHTING
ENVIRONMENT
APPLIED
RESEARCH.
11 0602651M JOINT NON- 6,343 6,343
LETHAL WEAPONS
APPLIED
RESEARCH.
12 0602747N UNDERSEA 56,397 63,897
WARFARE
APPLIED
RESEARCH.
.............. Navy and [7,500]
academia
submarine
partnership
s.
13 0602750N FUTURE NAVAL 167,590 167,590
CAPABILITIES
APPLIED
RESEARCH.
14 0602782N MINE AND 30,715 30,715
EXPEDITIONARY
WARFARE
APPLIED
RESEARCH.
15 0602792N INNOVATIVE 160,537 167,837
NAVAL
PROTOTYPES
(INP) APPLIED
RESEARCH.
.............. Thermoplast [7,300]
ic
materials.
16 0602861N SCIENCE AND 76,745 76,745
TECHNOLOGY
MANAGEMENT--ON
R FIELD
ACITIVITIES.
.............. SUBTOTAL 953,175 995,975
APPLIED
RESEARCH.
..............
.............. ADVANCED
TECHNOLOGY
DEVELOPMENT
17 0603123N FORCE 24,410 24,410
PROTECTION
ADVANCED
TECHNOLOGY.
18 0603271N ELECTROMAGNETIC 8,008 8,008
SYSTEMS
ADVANCED
TECHNOLOGY.
19 0603640M USMC ADVANCED 219,045 222,045
TECHNOLOGY
DEMONSTRATION
(ATD).
.............. Mission [3,000]
planning
advanced
technology
demonstrati
on.
20 0603651M JOINT NON- 13,301 13,301
LETHAL WEAPONS
TECHNOLOGY
DEVELOPMENT.
21 0603673N FUTURE NAVAL 246,054 246,054
CAPABILITIES
ADVANCED
TECHNOLOGY
DEVELOPMENT.
22 0603680N MANUFACTURING 60,122 60,122
TECHNOLOGY
PROGRAM.
23 0603729N WARFIGHTER 4,851 4,851
PROTECTION
ADVANCED
TECHNOLOGY.
24 0603758N NAVY 40,709 40,709
WARFIGHTING
EXPERIMENTS
AND
DEMONSTRATIONS.
25 0603782N MINE AND 1,948 1,948
EXPEDITIONARY
WARFARE
ADVANCED
TECHNOLOGY.
26 0603801N INNOVATIVE 141,948 141,948
NAVAL
PROTOTYPES
(INP) ADVANCED
TECHNOLOGY
DEVELOPMENT.
.............. SUBTOTAL 760,396 763,396
ADVANCED
TECHNOLOGY
DEVELOPMENT.
..............
.............. ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
27 0603178N MEDIUM AND 464,042 0
LARGE UNMANNED
SURFACE
VEHICLES
(USVS).
.............. Excess [-464,042]
procurement
ahead of
satisfactor
y testing.
28 0603207N AIR/OCEAN 35,386 35,386
TACTICAL
APPLICATIONS.
29 0603216N AVIATION 13,428 13,428
SURVIVABILITY.
30 0603239N ISO NAVAL 2,350 2,350
CONSTRUCTION
FORCES.
31 0603251N AIRCRAFT 418 418
SYSTEMS.
32 0603254N ASW SYSTEMS 15,719 15,719
DEVELOPMENT.
33 0603261N TACTICAL 3,411 3,411
AIRBORNE
RECONNAISSANCE.
34 0603382N ADVANCED COMBAT 70,218 56,118
SYSTEMS
TECHNOLOGY.
.............. Project [-7,000]
3416:
HIJENKS
insufficien
t schedule
justificati
on.
.............. Project [-7,100]
3422: SHARC
excess
platforms
ahead of
satisfactor
y testing.
35 0603502N SURFACE AND 52,358 24,158
SHALLOW WATER
MINE
COUNTERMEASURE
S.
.............. Project [-28,200]
2989:
Barracuda
program
delay.
36 0603506N SURFACE SHIP 12,816 12,816
TORPEDO
DEFENSE.
37 0603512N CARRIER SYSTEMS 7,559 7,559
DEVELOPMENT.
38 0603525N PILOT FISH..... 358,757 358,757
39 0603527N RETRACT LARCH.. 12,562 12,562
40 0603536N RETRACT JUNIPER 148,000 148,000
41 0603542N RADIOLOGICAL 778 778
CONTROL.
42 0603553N SURFACE ASW.... 1,161 1,161
43 0603561N ADVANCED 185,356 195,356
SUBMARINE
SYSTEM
DEVELOPMENT.
.............. Out-of- [20,000]
autoclave
submarine
technology
development.
.............. Project [-10,000]
9710: EDMs
early to
need.
44 0603562N SUBMARINE 10,528 10,528
TACTICAL
WARFARE
SYSTEMS.
45 0603563N SHIP CONCEPT 126,396 63,296
ADVANCED
DESIGN.
.............. Project [-19,100]
2196:
Future
surface
combatant
early to
need.
.............. Project [16,000]
3161:
Program
increase
for CBM+
initiative.
.............. Project [-30,000]
4044:
Medium
amphibious
ship early
to need.
.............. Project [-30,000]
4045:
Medium
logistics
ship early
to need.
46 0603564N SHIP 70,270 28,970
PRELIMINARY
DESIGN &
FEASIBILITY
STUDIES.
.............. Project [-41,300]
0411: LSC
preliminary
design and
CDD early
to need.
47 0603570N ADVANCED 149,188 149,188
NUCLEAR POWER
SYSTEMS.
48 0603573N ADVANCED 38,449 238,449
SURFACE
MACHINERY
SYSTEMS.
.............. Accelerate [75,000]
ITF to
achieve
full test
capability
in FY23.
.............. Accelerate [10,000]
qualificati
on of
silicon
carbide
power
modules.
.............. USV [45,000]
autonomy
development.
.............. USV engine [70,000]
and
generator
qualificati
on testing.
49 0603576N CHALK EAGLE.... 71,181 71,181
50 0603581N LITTORAL COMBAT 32,178 27,178
SHIP (LCS).
.............. Project [-5,000]
3096:
Available
prior year
funds.
51 0603582N COMBAT SYSTEM 17,843 17,843
INTEGRATION.
52 0603595N OHIO 317,196 317,196
REPLACEMENT.
53 0603596N LCS MISSION 67,875 32,875
MODULES.
.............. Project [-20,000]
2550: LCS
MCM MP
outdated
IMS and
TEMP.
.............. Project [-15,000]
2551: LCS
ASW MP
available
prior year
funds due
to testing
delays.
54 0603597N AUTOMATED TEST 4,797 4,797
AND ANALYSIS.
55 0603599N FRIGATE 82,309 82,309
DEVELOPMENT.
56 0603609N CONVENTIONAL 9,922 2,122
MUNITIONS.
.............. Project [-7,800]
0363:
Insufficien
t
justificati
on.
57 0603635M MARINE CORPS 189,603 189,603
GROUND COMBAT/
SUPPORT SYSTEM.
58 0603654N JOINT SERVICE 43,084 43,084
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
59 0603713N OCEAN 6,346 6,346
ENGINEERING
TECHNOLOGY
DEVELOPMENT.
60 0603721N ENVIRONMENTAL 20,601 20,601
PROTECTION.
61 0603724N NAVY ENERGY 23,422 23,422
PROGRAM.
62 0603725N FACILITIES 4,664 4,664
IMPROVEMENT.
63 0603734N CHALK CORAL.... 545,763 545,763
64 0603739N NAVY LOGISTIC 3,884 3,884
PRODUCTIVITY.
65 0603746N RETRACT MAPLE.. 353,226 353,226
66 0603748N LINK PLUMERIA.. 544,388 544,388
67 0603751N RETRACT ELM.... 86,730 86,730
68 0603764M LINK EVERGREEN. 236,234 236,234
70 0603790N NATO RESEARCH 6,880 6,880
AND
DEVELOPMENT.
71 0603795N LAND ATTACK 10,578 10,578
TECHNOLOGY.
72 0603851M JOINT NON- 28,435 28,435
LETHAL WEAPONS
TESTING.
73 0603860N JOINT PRECISION 33,612 33,612
APPROACH AND
LANDING
SYSTEMS--DEM/
VAL.
74 0603925N DIRECTED ENERGY 128,845 113,845
AND ELECTRIC
WEAPON SYSTEMS.
.............. Project [-15,000]
3402:
Excess
engineering
and
sustainment
support.
75 0604014N F/A -18 84,190 84,190
INFRARED
SEARCH AND
TRACK (IRST).
76 0604027N DIGITAL WARFARE 54,699 54,699
OFFICE.
77 0604028N SMALL AND 53,942 53,942
MEDIUM
UNMANNED
UNDERSEA
VEHICLES.
78 0604029N UNMANNED 40,060 40,060
UNDERSEA
VEHICLE CORE
TECHNOLOGIES.
79 0604030N RAPID 12,100 12,100
PROTOTYPING,
EXPERIMENTATIO
N AND
DEMONSTRATION..
80 0604031N LARGE UNMANNED 78,122 42,122
UNDERSEA
VEHICLES.
.............. Project [-36,000]
2094:
Excess
procurement
ahead of
phase 1
testing.
81 0604112N GERALD R. FORD 107,895 107,895
CLASS NUCLEAR
AIRCRAFT
CARRIER (CVN
78--80).
82 0604126N LITTORAL 17,366 17,366
AIRBORNE MCM.
83 0604127N SURFACE MINE 18,754 18,754
COUNTERMEASURE
S.
84 0604272N TACTICAL AIR 59,776 59,776
DIRECTIONAL
INFRARED
COUNTERMEASURE
S (TADIRCM).
86 0604292N FUTURE VERTICAL 5,097 5,097
LIFT (MARITIME
STRIKE).
87 0604320M RAPID 3,664 3,664
TECHNOLOGY
CAPABILITY
PROTOTYPE.
88 0604454N LX (R)......... 10,203 10,203
89 0604536N ADVANCED 115,858 95,858
UNDERSEA
PROTOTYPING.
.............. Orca UUV [-10,000]
testing
delay and
uncertified
test
strategy.
.............. Snakehead [-10,000]
UUV
uncertified
test
strategy.
90 0604636N COUNTER 14,259 14,259
UNMANNED
AIRCRAFT
SYSTEMS (C-
UAS).
91 0604659N PRECISION 1,102,387 1,045,387
STRIKE WEAPONS
DEVELOPMENT
PROGRAM.
.............. Lack of [-5,000]
hypersonic
prototyping
coordinatio
n.
.............. Project [-52,000]
3334:
Excess
Virginia-
class CPS
modificatio
n and
installatio
n costs.
92 0604707N SPACE AND 7,657 7,657
ELECTRONIC
WARFARE (SEW)
ARCHITECTURE/
ENGINEERING
SUPPORT.
93 0604786N OFFENSIVE ANTI- 35,750 35,750
SURFACE
WARFARE WEAPON
DEVELOPMENT.
94 0303354N ASW SYSTEMS 9,151 9,151
DEVELOPMENT--M
IP.
95 0304240M ADVANCED 22,589 22,589
TACTICAL
UNMANNED
AIRCRAFT
SYSTEM.
97 0304270N ELECTRONIC 809 809
WARFARE
DEVELOPMENT--M
IP.
.............. SUBTOTAL 6,503,074 5,926,532
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
..............
.............. SYSTEM
DEVELOPMENT &
DEMONSTRATION
98 0603208N TRAINING SYSTEM 4,332 4,332
AIRCRAFT.
99 0604212N OTHER HELO 18,133 23,133
DEVELOPMENT.
.............. Program [5,000]
increase
for Attack
and Utility
Replacement
Aircraft.
100 0604214M AV-8B AIRCRAFT-- 20,054 20,054
ENG DEV.
101 0604215N STANDARDS 4,237 4,237
DEVELOPMENT.
102 0604216N MULTI-MISSION 27,340 27,340
HELICOPTER
UPGRADE
DEVELOPMENT.
104 0604221N P-3 606 606
MODERNIZATION
PROGRAM.
105 0604230N WARFARE SUPPORT 9,065 9,065
SYSTEM.
106 0604231N TACTICAL 97,968 97,968
COMMAND SYSTEM.
107 0604234N ADVANCED 309,373 309,373
HAWKEYE.
108 0604245M H-1 UPGRADES... 62,310 62,310
109 0604261N ACOUSTIC SEARCH 47,182 47,182
SENSORS.
110 0604262N V-22A.......... 132,624 132,624
111 0604264N AIR CREW 21,445 21,445
SYSTEMS
DEVELOPMENT.
112 0604269N EA-18.......... 106,134 106,134
113 0604270N ELECTRONIC 134,194 134,194
WARFARE
DEVELOPMENT.
114 0604273M EXECUTIVE HELO 99,321 99,321
DEVELOPMENT.
115 0604274N NEXT GENERATION 477,680 477,680
JAMMER (NGJ).
116 0604280N JOINT TACTICAL 232,818 232,818
RADIO SYSTEM--
NAVY (JTRS-
NAVY).
117 0604282N NEXT GENERATION 170,039 170,039
JAMMER (NGJ)
INCREMENT II.
118 0604307N SURFACE 403,712 403,712
COMBATANT
COMBAT SYSTEM
ENGINEERING.
119 0604311N LPD-17 CLASS 945 945
SYSTEMS
INTEGRATION.
120 0604329N SMALL DIAMETER 62,488 62,488
BOMB (SDB).
121 0604366N STANDARD 386,225 386,225
MISSILE
IMPROVEMENTS.
122 0604373N AIRBORNE MCM... 10,909 10,909
123 0604378N NAVAL 44,548 44,548
INTEGRATED
FIRE CONTROL--
COUNTER AIR
SYSTEMS
ENGINEERING.
124 0604419N ADVANCED 13,673 13,673
SENSORS
APPLICATION
PROGRAM (ASAP).
125 0604501N ADVANCED ABOVE 87,809 87,809
WATER SENSORS.
126 0604503N SSN-688 AND 93,097 93,097
TRIDENT
MODERNIZATION.
127 0604504N AIR CONTROL.... 38,863 38,863
128 0604512N SHIPBOARD 9,593 9,593
AVIATION
SYSTEMS.
129 0604518N COMBAT 12,718 12,718
INFORMATION
CENTER
CONVERSION.
130 0604522N AIR AND MISSILE 78,319 78,319
DEFENSE RADAR
(AMDR) SYSTEM.
131 0604530N ADVANCED 65,834 65,834
ARRESTING GEAR
(AAG).
132 0604558N NEW DESIGN SSN. 259,443 259,443
133 0604562N SUBMARINE 63,878 58,878
TACTICAL
WARFARE SYSTEM.
.............. AN/BYG-1 [-5,000]
APB17 and
APB19
testing
delays.
134 0604567N SHIP CONTRACT 51,853 66,753
DESIGN/ LIVE
FIRE T&E.
.............. Advanced [14,900]
degaussing
DDG-51
retrofit
and
demonstrati
on.
135 0604574N NAVY TACTICAL 3,853 3,853
COMPUTER
RESOURCES.
136 0604601N MINE 92,607 92,607
DEVELOPMENT.
137 0604610N LIGHTWEIGHT 146,012 116,012
TORPEDO
DEVELOPMENT.
.............. Project [-10,000]
1412: HAAWC
operational
testing
delays.
.............. Project [-20,000]
3418: Mk 54
Mod 2
contract
delays.
138 0604654N JOINT SERVICE 8,383 8,383
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
139 0604657M USMC GROUND 33,784 33,784
COMBAT/
SUPPORTING
ARMS SYSTEMS--
ENG DEV.
140 0604703N PERSONNEL, 8,599 8,599
TRAINING,
SIMULATION,
AND HUMAN
FACTORS.
141 0604727N JOINT STANDOFF 73,744 73,744
WEAPON SYSTEMS.
142 0604755N SHIP SELF 157,490 157,490
DEFENSE
(DETECT &
CONTROL).
143 0604756N SHIP SELF 121,761 121,761
DEFENSE
(ENGAGE: HARD
KILL).
144 0604757N SHIP SELF 89,373 89,373
DEFENSE
(ENGAGE: SOFT
KILL/EW).
145 0604761N INTELLIGENCE 15,716 15,716
ENGINEERING.
146 0604771N MEDICAL 2,120 2,120
DEVELOPMENT.
147 0604777N NAVIGATION/ID 50,180 50,180
SYSTEM.
148 0604800M JOINT STRIKE 561 561
FIGHTER (JSF)--
EMD.
149 0604800N JOINT STRIKE 250 250
FIGHTER (JSF)--
EMD.
150 0604850N SSN(X)......... 1,000 1,000
151 0605013M INFORMATION 974 974
TECHNOLOGY
DEVELOPMENT.
152 0605013N INFORMATION 356,173 356,173
TECHNOLOGY
DEVELOPMENT.
153 0605024N ANTI-TAMPER 7,810 7,810
TECHNOLOGY
SUPPORT.
154 0605212M CH-53K RDTE.... 406,406 406,406
155 0605215N MISSION 86,134 86,134
PLANNING.
156 0605217N COMMON AVIONICS 54,540 54,540
157 0605220N SHIP TO SHORE 5,155 5,155
CONNECTOR
(SSC).
158 0605327N T-AO 205 CLASS. 5,148 5,148
159 0605414N UNMANNED 266,970 266,970
CARRIER
AVIATION (UCA).
160 0605450M JOINT AIR-TO- 12,713 12,713
GROUND MISSILE
(JAGM).
161 0605500N MULTI-MISSION 24,424 24,424
MARITIME
AIRCRAFT (MMA).
162 0605504N MULTI-MISSION 182,870 182,870
MARITIME (MMA)
INCREMENT III.
163 0605611M MARINE CORPS 41,775 41,775
ASSAULT
VEHICLES
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
164 0605813M JOINT LIGHT 2,541 2,541
TACTICAL
VEHICLE (JLTV)
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
165 0204202N DDG-1000....... 208,448 208,448
169 0304785N TACTICAL 111,434 111,434
CRYPTOLOGIC
SYSTEMS.
170 0306250M CYBER 26,173 26,173
OPERATIONS
TECHNOLOGY
DEVELOPMENT.
.............. SUBTOTAL SYSTEM 6,263,883 6,248,783
DEVELOPMENT &
DEMONSTRATION.
..............
.............. MANAGEMENT
SUPPORT
171 0604256N THREAT 22,075 22,075
SIMULATOR
DEVELOPMENT.
172 0604258N TARGET SYSTEMS 10,224 10,224
DEVELOPMENT.
173 0604759N MAJOR T&E 85,195 85,195
INVESTMENT.
175 0605152N STUDIES AND 3,089 3,089
ANALYSIS
SUPPORT--NAVY.
176 0605154N CENTER FOR 43,517 43,517
NAVAL ANALYSES.
179 0605804N TECHNICAL 932 932
INFORMATION
SERVICES.
180 0605853N MANAGEMENT, 94,297 94,297
TECHNICAL &
INTERNATIONAL
SUPPORT.
181 0605856N STRATEGIC 3,813 3,813
TECHNICAL
SUPPORT.
183 0605863N RDT&E SHIP AND 104,822 104,822
AIRCRAFT
SUPPORT.
184 0605864N TEST AND 446,960 446,960
EVALUATION
SUPPORT.
185 0605865N OPERATIONAL 27,241 27,241
TEST AND
EVALUATION
CAPABILITY.
186 0605866N NAVY SPACE AND 15,787 15,787
ELECTRONIC
WARFARE (SEW)
SUPPORT.
187 0605867N SEW 8,559 8,559
SURVEILLANCE/
RECONNAISSANCE
SUPPORT.
188 0605873M MARINE CORPS 42,749 42,749
PROGRAM WIDE
SUPPORT.
189 0605898N MANAGEMENT HQ-- 41,094 41,094
R&D.
190 0606355N WARFARE 37,022 37,022
INNOVATION
MANAGEMENT.
193 0305327N INSIDER THREAT. 2,310 2,310
194 0902498N MANAGEMENT 1,536 1,536
HEADQUARTERS
(DEPARTMENTAL
SUPPORT
ACTIVITIES).
.............. SUBTOTAL 991,222 991,222
MANAGEMENT
SUPPORT.
..............
.............. OPERATIONAL
SYSTEMS
DEVELOPMENT
199 0604227N HARPOON 697 697
MODIFICATIONS.
200 0604840M F-35 C2D2...... 379,549 379,549
201 0604840N F-35 C2D2...... 413,875 413,875
202 0607658N COOPERATIVE 143,667 143,667
ENGAGEMENT
CAPABILITY
(CEC).
204 0101221N STRATEGIC SUB & 173,056 173,056
WEAPONS SYSTEM
SUPPORT.
205 0101224N SSBN SECURITY 45,970 45,970
TECHNOLOGY
PROGRAM.
206 0101226N SUBMARINE 69,190 61,190
ACOUSTIC
WARFARE
DEVELOPMENT.
.............. CRAW EDM [-8,000]
(TI-2)
early to
need.
207 0101402N NAVY STRATEGIC 42,277 42,277
COMMUNICATIONS.
208 0204136N F/A-18 171,030 171,030
SQUADRONS.
210 0204228N SURFACE SUPPORT 33,482 33,482
211 0204229N TOMAHAWK AND 200,308 200,308
TOMAHAWK
MISSION
PLANNING
CENTER (TMPC).
212 0204311N INTEGRATED 102,975 152,975
SURVEILLANCE
SYSTEM.
.............. Accelerate [25,000]
sensor and
signal
processing
development.
.............. Program [25,000]
increase
for spiral
1 TRAPS
units.
213 0204313N SHIP-TOWED 10,873 10,873
ARRAY
SURVEILLANCE
SYSTEMS.
214 0204413N AMPHIBIOUS 1,713 6,713
TACTICAL
SUPPORT UNITS
(DISPLACEMENT
CRAFT).
.............. Program [5,000]
increase
for LCAC
composite
component
manufacturi
ng.
215 0204460M GROUND/AIR TASK 22,205 105,805
ORIENTED RADAR
(G/ATOR).
.............. Program [10,000]
increase
for G/ATOR
and SM-6
stand-alone
engagement
analysis.
.............. Program [73,600]
increase
for USMC G/
ATOR and SM-
6
demonstrati
on.
216 0204571N CONSOLIDATED 83,956 83,956
TRAINING
SYSTEMS
DEVELOPMENT.
218 0204575N ELECTRONIC 56,791 56,791
WARFARE (EW)
READINESS
SUPPORT.
219 0205601N HARM 146,166 146,166
IMPROVEMENT.
221 0205620N SURFACE ASW 29,348 29,348
COMBAT SYSTEM
INTEGRATION.
222 0205632N MK-48 ADCAP.... 110,349 110,349
223 0205633N AVIATION 133,953 133,953
IMPROVEMENTS.
224 0205675N OPERATIONAL 110,313 110,313
NUCLEAR POWER
SYSTEMS.
225 0206313M MARINE CORPS 207,662 207,662
COMMUNICATIONS
SYSTEMS.
226 0206335M COMMON AVIATION 4,406 4,406
COMMAND AND
CONTROL SYSTEM
(CAC2S).
227 0206623M MARINE CORPS 61,381 61,381
GROUND COMBAT/
SUPPORTING
ARMS SYSTEMS.
228 0206624M MARINE CORPS 10,421 10,421
COMBAT
SERVICES
SUPPORT.
229 0206625M USMC 29,977 29,977
INTELLIGENCE/
ELECTRONIC
WARFARE
SYSTEMS (MIP).
230 0206629M AMPHIBIOUS 6,469 6,469
ASSAULT
VEHICLE.
231 0207161N TACTICAL AIM 5,859 5,859
MISSILES.
232 0207163N ADVANCED MEDIUM 44,323 44,323
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
236 0303109N SATELLITE 41,978 41,978
COMMUNICATIONS
(SPACE).
237 0303138N CONSOLIDATED 29,684 29,684
AFLOAT NETWORK
ENTERPRISE
SERVICES
(CANES).
238 0303140N INFORMATION 39,094 39,094
SYSTEMS
SECURITY
PROGRAM.
239 0305192N MILITARY 6,154 6,154
INTELLIGENCE
PROGRAM (MIP)
ACTIVITIES.
240 0305204N TACTICAL 7,108 7,108
UNMANNED
AERIAL
VEHICLES.
241 0305205N UAS INTEGRATION 62,098 62,098
AND
INTEROPERABILI
TY.
242 0305208M DISTRIBUTED 21,500 21,500
COMMON GROUND/
SURFACE
SYSTEMS.
244 0305220N MQ-4C TRITON... 11,120 11,120
245 0305231N MQ-8 UAV....... 28,968 28,968
246 0305232M RQ-11 UAV...... 537 537
247 0305234N SMALL (LEVEL 0) 8,773 8,773
TACTICAL UAS
(STUASL0).
248 0305239M RQ-21A......... 10,853 10,853
249 0305241N MULTI- 60,413 60,413
INTELLIGENCE
SENSOR
DEVELOPMENT.
250 0305242M UNMANNED AERIAL 5,000 5,000
SYSTEMS (UAS)
PAYLOADS (MIP).
251 0305251N CYBERSPACE 34,967 44,967
OPERATIONS
FORCES AND
FORCE SUPPORT.
.............. Cyber tool [10,000]
development.
252 0305421N RQ-4 178,799 178,799
MODERNIZATION.
253 0307577N INTELLIGENCE 2,120 2,120
MISSION DATA
(IMD).
254 0308601N MODELING AND 8,683 8,683
SIMULATION
SUPPORT.
255 0702207N DEPOT 45,168 45,168
MAINTENANCE
(NON-IF).
256 0708730N MARITIME 6,697 6,697
TECHNOLOGY
(MARITECH).
257 1203109N SATELLITE 70,056 70,056
COMMUNICATIONS
(SPACE).
999 9999999999 CLASSIFIED 1,795,032 1,795,032
PROGRAMS.
.............. SUBTOTAL 5,327,043 5,467,643
OPERATIONAL
SYSTEMS
DEVELOPMENT.
..............
.............. SOFTWARE AND
DIGITAL
TECHNOLOGY
PILOT PROGRAMS
258 0608013N RISK MANAGEMENT 14,300 14,300
INFORMATION--S
OFTWARE PILOT
PROGRAM.
259 0608231N MARITIME 10,868 10,868
TACTICAL
COMMAND AND
CONTROL
(MTC2)--SOFTWA
RE PILOT
PROGRAM.
.............. SUBTOTAL 25,168 25,168
SOFTWARE AND
DIGITAL
TECHNOLOGY
PILOT PROGRAMS.
..............
.............. TOTAL RESEARCH, 21,427,048 21,036,806
DEVELOPMENT,
TEST & EVAL,
NAVY.
..............
.............. RESEARCH,
DEVELOPMENT,
TEST & EVAL,
AF
.............. BASIC RESEARCH
1 0601102F DEFENSE 315,348 325,348
RESEARCH
SCIENCES.
.............. Increase in [10,000]
basic
research.
2 0601103F UNIVERSITY 161,861 161,861
RESEARCH
INITIATIVES.
3 0601108F HIGH ENERGY 15,085 15,085
LASER RESEARCH
INITIATIVES.
.............. SUBTOTAL BASIC 492,294 502,294
RESEARCH.
..............
.............. APPLIED
RESEARCH
4 0602020F FUTURE AF 100,000 100,000
CAPABILITIES
APPLIED
RESEARCH.
5 0602102F MATERIALS...... 140,781 160,281
.............. High-energy [5,000]
synchotron
x-ray
program.
.............. Materials [5,000]
maturation
for high
mach
systems.
.............. Metals [5,000]
Affordabili
ty
Initiative.
.............. Qualificati [2,000]
on of
additive
manufacturi
ng
processes.
.............. Techniques [2,500]
to repair
fasteners.
6 0602201F AEROSPACE 349,225 359,225
VEHICLE
TECHNOLOGIES.
.............. Hypersonic [10,000]
materials.
7 0602202F HUMAN 115,222 115,222
EFFECTIVENESS
APPLIED
RESEARCH.
9 0602204F AEROSPACE 211,301 211,301
SENSORS.
11 0602298F SCIENCE AND 8,926 8,926
TECHNOLOGY
MANAGEMENT--
MAJOR
HEADQUARTERS
ACTIVITIES.
12 0602602F CONVENTIONAL 132,425 132,425
MUNITIONS.
13 0602605F DIRECTED ENERGY 128,113 128,113
TECHNOLOGY.
14 0602788F DOMINANT 178,668 178,668
INFORMATION
SCIENCES AND
METHODS.
15 0602890F HIGH ENERGY 45,088 45,088
LASER RESEARCH.
.............. SUBTOTAL 1,409,749 1,439,249
APPLIED
RESEARCH.
..............
.............. ADVANCED
TECHNOLOGY
DEVELOPMENT
17 0603030F AF FOUNDATIONAL 103,280 103,280
DEVELOPMENT/
DEMOS.
18 0603032F FUTURE AF 157,619 107,619
INTEGRATED
TECHNOLOGY
DEMOS.
.............. Golden [-50,000]
Horde too
mature for
science and
technology
prototype.
19 0603033F NEXT GEN 199,556 208,556
PLATFORM DEV/
DEMO.
.............. B-52 pylon [3,000]
fairings.
.............. C-130 [3,000]
finlets.
.............. KC-135 aft [3,000]
body drag.
20 0603034F PERSISTENT 102,276 102,276
KNOWLEDGE,
AWARENESS, &
C2 TECH.
21 0603035F NEXT GEN 215,817 215,817
EFFECTS DEV/
DEMOS.
.............. SUBTOTAL 778,548 737,548
ADVANCED
TECHNOLOGY
DEVELOPMENT.
..............
.............. ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
38 0603260F INTELLIGENCE 4,320 4,320
ADVANCED
DEVELOPMENT.
39 0603742F COMBAT 26,396 26,396
IDENTIFICATION
TECHNOLOGY.
40 0603790F NATO RESEARCH 3,647 3,647
AND
DEVELOPMENT.
41 0603851F INTERCONTINENTA 32,959 32,959
L BALLISTIC
MISSILE--DEM/
VAL.
43 0604002F AIR FORCE 869 869
WEATHER
SERVICES
RESEARCH.
44 0604003F ADVANCED BATTLE 302,323 302,323
MANAGEMENT
SYSTEM (ABMS).
45 0604004F ADVANCED ENGINE 636,495 686,495
DEVELOPMENT.
.............. AETP [50,000]
program
acceleratio
n.
46 0604015F LONG RANGE 2,848,410 2,848,410
STRIKE--BOMBER.
47 0604032F DIRECTED ENERGY 20,964 25,964
PROTOTYPING.
.............. Directed [5,000]
energy
counter-
Unmanned
Aerial
Systems
(CUAS).
48 0604033F HYPERSONICS 381,862 446,862
PROTOTYPING.
.............. HAWC [65,000]
program
increase.
50 0604257F ADVANCED 24,747 24,747
TECHNOLOGY AND
SENSORS.
51 0604288F NATIONAL 76,417 76,417
AIRBORNE OPS
CENTER (NAOC)
RECAP.
52 0604317F TECHNOLOGY 3,011 3,011
TRANSFER.
53 0604327F HARD AND DEEPLY 52,921 52,921
BURIED TARGET
DEFEAT SYSTEM
(HDBTDS)
PROGRAM.
54 0604414F CYBER 69,783 69,783
RESILIENCY OF
WEAPON SYSTEMS-
ACS.
55 0604776F DEPLOYMENT & 25,835 25,835
DISTRIBUTION
ENTERPRISE R&D.
56 0604858F TECH TRANSITION 219,252 455,252
PROGRAM.
.............. Agile [4,500]
software
development
and
operations.
.............. Initial [46,000]
polar
MILSATCOM
capability.
.............. KC-135 [2,000]
vertical
wipers.
.............. KC-135 [10,000]
winglets.
.............. LCAAT [128,000]
program
acceleratio
n.
.............. Long- [33,500]
endurance
UAS.
.............. Rapid [6,000]
repair of
high
performance
materials.
.............. Small [6,000]
satellite
acceleratio
n.
57 0605230F GROUND BASED 1,524,759 1,524,759
STRATEGIC
DETERRENT.
59 0207110F NEXT GENERATION 1,044,089 1,044,089
AIR DOMINANCE.
60 0207455F THREE 19,356 19,356
DIMENSIONAL
LONG-RANGE
RADAR (3DELRR).
61 0207522F AIRBASE AIR 8,737 8,737
DEFENSE
SYSTEMS
(ABADS).
62 0208099F UNIFIED 5,990 5,990
PLATFORM (UP).
63 0305236F COMMON DATA 39,293 39,293
LINK EXECUTIVE
AGENT (CDL EA).
65 0305601F MISSION PARTNER 11,430 11,430
ENVIRONMENTS.
66 0306250F CYBER 259,823 259,823
OPERATIONS
TECHNOLOGY
DEVELOPMENT.
67 0306415F ENABLED CYBER 10,560 10,560
ACTIVITIES.
68 0401310F C-32 EXECUTIVE 9,908 9,908
TRANSPORT
RECAPITALIZATI
ON.
69 0901410F CONTRACTING 8,662 8,662
INFORMATION
TECHNOLOGY
SYSTEM.
74 1206427F SPACE SYSTEMS 8,787 8,787
PROTOTYPE
TRANSITIONS
(SSPT).
77 1206730F SPACE SECURITY 56,311 56,311
AND DEFENSE
PROGRAM.
.............. SUBTOTAL 7,737,916 8,093,916
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
..............
.............. SYSTEM
DEVELOPMENT &
DEMONSTRATION
82 0604200F FUTURE ADVANCED 25,161 25,161
WEAPON
ANALYSIS &
PROGRAMS.
83 0604201F PNT RESILIENCY, 38,564 38,564
MODS, AND
IMPROVEMENTS.
84 0604222F NUCLEAR WEAPONS 35,033 35,033
SUPPORT.
85 0604270F ELECTRONIC 2,098 2,098
WARFARE
DEVELOPMENT.
86 0604281F TACTICAL DATA 131,909 131,909
NETWORKS
ENTERPRISE.
87 0604287F PHYSICAL 6,752 6,752
SECURITY
EQUIPMENT.
88 0604329F SMALL DIAMETER 17,280 17,280
BOMB (SDB)--
EMD.
89 0604429F AIRBORNE 0 30,000
ELECTRONIC
ATTACK.
.............. STiTCHES [30,000]
integration.
90 0604602F ARMAMENT/ 23,076 23,076
ORDNANCE
DEVELOPMENT.
91 0604604F SUBMUNITIONS... 3,091 3,091
92 0604617F AGILE COMBAT 20,609 20,609
SUPPORT.
93 0604618F JOINT DIRECT 7,926 7,926
ATTACK
MUNITION.
94 0604706F LIFE SUPPORT 23,660 23,660
SYSTEMS.
95 0604735F COMBAT TRAINING 8,898 8,898
RANGES.
96 0604800F F-35--EMD...... 5,423 5,423
97 0604932F LONG RANGE 474,430 474,430
STANDOFF
WEAPON.
98 0604933F ICBM FUZE 167,099 167,099
MODERNIZATION.
100 0605056F OPEN 30,547 30,547
ARCHITECTURE
MANAGEMENT.
102 0605223F ADVANCED PILOT 248,669 254,669
TRAINING.
.............. SLATE/VR [6,000]
training.
103 0605229F COMBAT RESCUE 63,169 63,169
HELICOPTER.
105 0101125F NUCLEAR WEAPONS 9,683 9,683
MODERNIZATION.
106 0207171F F-15 EPAWSS.... 170,679 170,679
107 0207328F STAND IN ATTACK 160,438 160,438
WEAPON.
108 0207701F FULL COMBAT 9,422 9,422
MISSION
TRAINING.
110 0305176F COMBAT SURVIVOR 973 973
EVADER LOCATOR.
111 0401221F KC-46A TANKER 106,262 106,262
SQUADRONS.
113 0401319F VC-25B......... 800,889 800,889
114 0701212F AUTOMATED TEST 10,673 10,673
SYSTEMS.
115 0804772F TRAINING 4,479 4,479
DEVELOPMENTS.
116 0901299F AF A1 SYSTEMS.. 8,467 8,467
.............. SUBTOTAL SYSTEM 2,615,359 2,651,359
DEVELOPMENT &
DEMONSTRATION.
..............
.............. MANAGEMENT
SUPPORT
131 0604256F THREAT 57,725 57,725
SIMULATOR
DEVELOPMENT.
132 0604759F MAJOR T&E 208,680 223,680
INVESTMENT.
.............. Gulf Range [15,000]
telemetric
modernizati
on.
133 0605101F RAND PROJECT 35,803 35,803
AIR FORCE.
135 0605712F INITIAL 13,557 13,557
OPERATIONAL
TEST &
EVALUATION.
136 0605807F TEST AND 764,606 764,606
EVALUATION
SUPPORT.
142 0605831F ACQ WORKFORCE- 1,362,038 1,362,038
CAPABILITY
INTEGRATION.
143 0605832F ACQ WORKFORCE- 40,768 40,768
ADVANCED PRGM
TECHNOLOGY.
144 0605833F ACQ WORKFORCE- 179,646 179,646
NUCLEAR
SYSTEMS.
145 0605898F MANAGEMENT HQ-- 5,734 5,734
R&D.
146 0605976F FACILITIES 70,985 70,985
RESTORATION
AND
MODERNIZATION-
-TEST AND
EVALUATION
SUPPORT.
147 0605978F FACILITIES 29,880 29,880
SUSTAINMENT--T
EST AND
EVALUATION
SUPPORT.
148 0606017F REQUIREMENTS 63,381 63,381
ANALYSIS AND
MATURATION.
149 0606398F MANAGEMENT HQ-- 5,785 5,785
T&E.
150 0303255F COMMAND, 24,564 24,564
CONTROL,
COMMUNICATION,
AND COMPUTERS
(C4)--STRATCOM.
151 0308602F ENTEPRISE 9,883 2,383
INFORMATION
SERVICES (EIS).
.............. Acq strat [-7,500]
incompatibl
e with AF
digital mod
strategy.
152 0702806F ACQUISITION AND 13,384 13,384
MANAGEMENT
SUPPORT.
153 0804731F GENERAL SKILL 1,262 1,262
TRAINING.
155 1001004F INTERNATIONAL 3,599 3,599
ACTIVITIES.
.............. SUBTOTAL 2,891,280 2,898,780
MANAGEMENT
SUPPORT.
..............
.............. OPERATIONAL
SYSTEMS
DEVELOPMENT
163 0604233F SPECIALIZED 8,777 8,777
UNDERGRADUATE
FLIGHT
TRAINING.
164 0604776F DEPLOYMENT & 499 499
DISTRIBUTION
ENTERPRISE R&D.
165 0604840F F-35 C2D2...... 785,336 785,336
166 0605018F AF INTEGRATED 27,035 7,035
PERSONNEL AND
PAY SYSTEM (AF-
IPPS).
.............. Poor agile [-20,000]
development
strategy.
167 0605024F ANTI-TAMPER 50,508 50,508
TECHNOLOGY
EXECUTIVE
AGENCY.
168 0605117F FOREIGN 71,229 71,229
MATERIEL
ACQUISITION
AND
EXPLOITATION.
169 0605278F HC/MC-130 RECAP 24,705 24,705
RDT&E.
170 0606018F NC3 INTEGRATION 26,356 26,356
172 0101113F B-52 SQUADRONS. 520,023 520,023
173 0101122F AIR-LAUNCHED 1,433 1,433
CRUISE MISSILE
(ALCM).
174 0101126F B-1B SQUADRONS. 15,766 26,566
.............. USAF- [10,800]
requested
transfer
from APAF
Lines 22,
24.
175 0101127F B-2 SQUADRONS.. 187,399 187,399
176 0101213F MINUTEMAN 116,569 116,569
SQUADRONS.
177 0101316F WORLDWIDE JOINT 27,235 27,235
STRATEGIC
COMMUNICATIONS.
178 0101324F INTEGRATED 24,227 24,227
STRATEGIC
PLANNING &
ANALYSIS
NETWORK.
179 0101328F ICBM REENTRY 112,753 112,753
VEHICLES.
181 0102110F UH-1N 44,464 44,464
REPLACEMENT
PROGRAM.
182 0102326F REGION/SECTOR 5,929 5,929
OPERATION
CONTROL CENTER
MODERNIZATION
PROGRAM.
183 0102412F NORTH WARNING 100 100
SYSTEM (NWS).
184 0205219F MQ-9 UAV....... 162,080 162,080
186 0207131F A-10 SQUADRONS. 24,535 24,535
187 0207133F F-16 SQUADRONS. 223,437 223,437
188 0207134F F-15E SQUADRONS 298,908 298,908
189 0207136F MANNED 14,960 14,960
DESTRUCTIVE
SUPPRESSION.
190 0207138F F-22A SQUADRONS 665,038 665,038
191 0207142F F-35 SQUADRONS. 132,229 132,229
192 0207146F F-15EX......... 159,761 159,761
193 0207161F TACTICAL AIM 19,417 19,417
MISSILES.
194 0207163F ADVANCED MEDIUM 51,799 51,799
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
195 0207227F COMBAT RESCUE-- 669 669
PARARESCUE.
196 0207247F AF TENCAP...... 21,644 21,644
197 0207249F PRECISION 9,261 9,261
ATTACK SYSTEMS
PROCUREMENT.
198 0207253F COMPASS CALL... 15,854 15,854
199 0207268F AIRCRAFT ENGINE 95,896 95,896
COMPONENT
IMPROVEMENT
PROGRAM.
200 0207325F JOINT AIR-TO- 70,792 70,792
SURFACE
STANDOFF
MISSILE
(JASSM).
201 0207410F AIR & SPACE 51,187 51,187
OPERATIONS
CENTER (AOC).
202 0207412F CONTROL AND 16,041 16,041
REPORTING
CENTER (CRC).
203 0207417F AIRBORNE 138,303 138,303
WARNING AND
CONTROL SYSTEM
(AWACS).
204 0207418F AFSPECWAR--TACP 4,223 4,223
206 0207431F COMBAT AIR 16,564 16,564
INTELLIGENCE
SYSTEM
ACTIVITIES.
207 0207438F THEATER BATTLE 7,858 7,858
MANAGEMENT
(TBM) C4I.
208 0207444F TACTICAL AIR 12,906 12,906
CONTROL PARTY-
MOD.
210 0207452F DCAPES......... 14,816 14,816
211 0207521F AIR FORCE 1,970 1,970
CALIBRATION
PROGRAMS.
212 0207573F NATIONAL 396 396
TECHNICAL
NUCLEAR
FORENSICS.
213 0207590F SEEK EAGLE..... 29,680 29,680
214 0207601F USAF MODELING 17,666 17,666
AND SIMULATION.
215 0207605F WARGAMING AND 6,353 6,353
SIMULATION
CENTERS.
216 0207610F BATTLEFIELD ABN 6,827 6,827
COMM NODE
(BACN).
217 0207697F DISTRIBUTED 3,390 3,390
TRAINING AND
EXERCISES.
218 0208006F MISSION 91,768 91,768
PLANNING
SYSTEMS.
219 0208007F TACTICAL 2,370 2,370
DECEPTION.
220 0208064F OPERATIONAL HQ-- 5,527 5,527
CYBER.
221 0208087F DISTRIBUTED 68,279 68,279
CYBER WARFARE
OPERATIONS.
222 0208088F AF DEFENSIVE 15,165 15,165
CYBERSPACE
OPERATIONS.
223 0208097F JOINT CYBER 38,480 38,480
COMMAND AND
CONTROL (JCC2).
224 0208099F UNIFIED 84,645 84,645
PLATFORM (UP).
230 0301025F GEOBASE........ 2,767 2,767
231 0301112F NUCLEAR 32,759 32,759
PLANNING AND
EXECUTION
SYSTEM (NPES).
238 0301401F AIR FORCE SPACE 2,904 2,904
AND CYBER NON-
TRADITIONAL
ISR FOR
BATTLESPACE
AWARENESS.
239 0302015F E-4B NATIONAL 3,468 3,468
AIRBORNE
OPERATIONS
CENTER (NAOC).
240 0303131F MINIMUM 61,887 61,887
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK
(MEECN).
242 0303140F INFORMATION 10,351 10,351
SYSTEMS
SECURITY
PROGRAM.
243 0303142F GLOBAL FORCE 1,346 1,346
MANAGEMENT--DA
TA INITIATIVE.
246 0304260F AIRBORNE SIGINT 128,110 128,110
ENTERPRISE.
247 0304310F COMMERCIAL 4,042 4,042
ECONOMIC
ANALYSIS.
251 0305020F CCMD 1,649 1,649
INTELLIGENCE
INFORMATION
TECHNOLOGY.
252 0305022F ISR 19,265 19,265
MODERNIZATION
& AUTOMATION
DVMT (IMAD).
253 0305099F GLOBAL AIR 4,645 4,645
TRAFFIC
MANAGEMENT
(GATM).
254 0305103F CYBER SECURITY 384 384
INITIATIVE.
255 0305111F WEATHER SERVICE 23,640 23,640
256 0305114F AIR TRAFFIC 6,553 6,553
CONTROL,
APPROACH, AND
LANDING SYSTEM
(ATCALS).
257 0305116F AERIAL TARGETS. 449 449
260 0305128F SECURITY AND 432 432
INVESTIGATIVE
ACTIVITIES.
262 0305146F DEFENSE JOINT 4,890 4,890
COUNTERINTELLI
GENCE
ACTIVITIES.
264 0305179F INTEGRATED 8,864 8,864
BROADCAST
SERVICE (IBS).
265 0305202F DRAGON U-2..... 18,660 18,660
267 0305206F AIRBORNE 121,512 121,512
RECONNAISSANCE
SYSTEMS.
268 0305207F MANNED 14,711 14,711
RECONNAISSANCE
SYSTEMS.
269 0305208F DISTRIBUTED 14,152 14,152
COMMON GROUND/
SURFACE
SYSTEMS.
270 0305220F RQ-4 UAV....... 134,589 134,589
271 0305221F NETWORK-CENTRIC 15,049 15,049
COLLABORATIVE
TARGETING.
272 0305238F NATO AGS....... 36,731 36,731
273 0305240F SUPPORT TO DCGS 33,547 33,547
ENTERPRISE.
274 0305600F INTERNATIONAL 13,635 17,315
INTELLIGENCE
TECHNOLOGY AND
ARCHITECTURES.
.............. PDI: [3,680]
Mission
Partner
Environment
BICES-X
Project
675898.
275 0305881F RAPID CYBER 4,262 4,262
ACQUISITION.
276 0305984F PERSONNEL 2,207 2,207
RECOVERY
COMMAND & CTRL
(PRC2).
277 0307577F INTELLIGENCE 6,277 6,277
MISSION DATA
(IMD).
278 0401115F C-130 AIRLIFT 41,973 41,973
SQUADRON.
279 0401119F C-5 AIRLIFT 32,560 32,560
SQUADRONS (IF).
280 0401130F C-17 AIRCRAFT 9,991 12,991
(IF).
.............. C-17 [3,000]
microvanes.
281 0401132F C-130J PROGRAM. 10,674 10,674
282 0401134F LARGE AIRCRAFT 5,507 5,507
IR
COUNTERMEASURE
S (LAIRCM).
283 0401218F KC-135S........ 4,591 4,591
286 0401318F CV-22.......... 18,419 18,419
288 0408011F SPECIAL TACTICS 7,673 7,673
/ COMBAT
CONTROL.
290 0708055F MAINTENANCE, 24,513 24,513
REPAIR &
OVERHAUL
SYSTEM.
291 0708610F LOGISTICS 35,225 15,225
INFORMATION
TECHNOLOGY
(LOGIT).
.............. Poor agile [-20,000]
development
strategy.
292 0708611F SUPPORT SYSTEMS 11,838 11,838
DEVELOPMENT.
293 0804743F OTHER FLIGHT 1,332 1,332
TRAINING.
295 0901202F JOINT PERSONNEL 2,092 2,092
RECOVERY
AGENCY.
296 0901218F CIVILIAN 3,869 3,869
COMPENSATION
PROGRAM.
297 0901220F PERSONNEL 1,584 1,584
ADMINISTRATION.
298 0901226F AIR FORCE 1,197 1,197
STUDIES AND
ANALYSIS
AGENCY.
299 0901538F FINANCIAL 7,006 7,006
MANAGEMENT
INFORMATION
SYSTEMS
DEVELOPMENT.
300 0901554F DEFENSE 45,638 45,638
ENTERPRISE
ACNTNG AND MGT
SYS (DEAMS).
301 1201017F GLOBAL SENSOR 1,889 1,889
INTEGRATED ON
NETWORK (GSIN).
302 1201921F SERVICE SUPPORT 993 993
TO STRATCOM--
SPACE
ACTIVITIES.
303 1202140F SERVICE SUPPORT 8,999 8,999
TO SPACECOM
ACTIVITIES.
314 1203400F SPACE 16,810 16,810
SUPERIORITY
INTELLIGENCE.
316 1203620F NATIONAL SPACE 2,687 2,687
DEFENSE CENTER.
318 1203906F NCMC--TW/AA 6,990 6,990
SYSTEM.
999 9999999999 CLASSIFIED 15,777,856 15,839,856
PROGRAMS.
.............. Air-to-air [62,000]
weapons
development
increase.
.............. SUBTOTAL 21,466,680 21,506,160
OPERATIONAL
SYSTEMS
DEVELOPMENT.
..............
.............. TOTAL RESEARCH, 37,391,826 37,829,306
DEVELOPMENT,
TEST & EVAL,
AF.
..............
.............. RDTE, SPACE
FORCE
.............. APPLIED
RESEARCH
1 1206601SF SPACE 130,874 133,874
TECHNOLOGY.
.............. Small [3,000]
satellite
mission
operations
facility.
.............. SUBTOTAL 130,874 133,874
APPLIED
RESEARCH.
..............
.............. ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
2 1203164SF NAVSTAR GLOBAL 390,704 370,704
POSITIONING
SYSTEM (USER
EQUIPMENT)
(SPACE).
.............. MGUE [-20,000]
program
slip.
3 1203710SF EO/IR WEATHER 131,000 131,000
SYSTEMS.
4 1206422SF WEATHER SYSTEM 83,384 83,384
FOLLOW-ON.
5 1206425SF SPACE SITUATION 33,359 33,359
AWARENESS
SYSTEMS.
6 1206427SF SPACE SYSTEMS 142,808 142,808
PROTOTYPE
TRANSITIONS
(SSPT).
7 1206438SF SPACE CONTROL 35,575 35,575
TECHNOLOGY.
8 1206760SF PROTECTED 114,390 114,390
TACTICAL
ENTERPRISE
SERVICE (PTES).
9 1206761SF PROTECTED 205,178 205,178
TACTICAL
SERVICE (PTS).
10 1206855SF EVOLVED 71,395 71,395
STRATEGIC
SATCOM (ESS).
11 1206857SF SPACE RAPID 103,518 103,518
CAPABILITIES
OFFICE.
.............. SUBTOTAL 1,311,311 1,291,311
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
..............
.............. SYSTEM
DEVELOPMENT &
DEMONSTRATION
12 1203269SF GPS III FOLLOW- 263,496 263,496
ON (GPS IIIF).
13 1203940SF SPACE SITUATION 41,897 41,897
AWARENESS
OPERATIONS.
14 1206421SF COUNTERSPACE 54,689 54,689
SYSTEMS.
15 1206422SFZ WEATHER SYSTEM 2,526 2,526
FOLLOW-ON.
16 1206425SFZ SPACE SITUATION 173,074 173,074
AWARENESS
SYSTEMS.
17 1206431SF ADVANCED EHF 138,257 138,257
MILSATCOM
(SPACE).
18 1206432SF POLAR MILSATCOM 190,235 190,235
(SPACE).
19 1206442SF NEXT GENERATION 2,318,864 2,318,864
OPIR.
20 1206853SF NATIONAL 560,978 590,978
SECURITY SPACE
LAUNCH PROGRAM
(SPACE)--EMD.
.............. NSSL Phase [30,000]
3
integration
activities
program.
.............. SUBTOTAL SYSTEM 3,744,016 3,774,016
DEVELOPMENT &
DEMONSTRATION.
..............
.............. MANAGEMENT
SUPPORT
21 1206116SF SPACE TEST AND 20,281 20,281
TRAINING RANGE
DEVELOPMENT.
22 1206392SF ACQ WORKFORCE-- 183,930 183,930
SPACE &
MISSILE
SYSTEMS.
23 1206398SF SPACE & MISSILE 9,765 9,765
SYSTEMS
CENTER--MHA.
24 1206860SF ROCKET SYSTEMS 17,993 17,993
LAUNCH PROGRAM
(SPACE).
25 1206864SF SPACE TEST 26,541 26,541
PROGRAM (STP).
.............. SUBTOTAL 258,510 258,510
MANAGEMENT
SUPPORT.
..............
.............. OPERATIONAL
SYSTEM
DEVELOPMENT
26 1201017SF GLOBAL SENSOR 3,708 3,708
INTEGRATED ON
NETWORK (GSIN).
27 1203001SF FAMILY OF 247,229 247,229
ADVANCED BLOS
TERMINALS (FAB-
T).
28 1203110SF SATELLITE 75,480 75,480
CONTROL
NETWORK
(SPACE).
29 1203165SF NAVSTAR GLOBAL 1,984 1,984
POSITIONING
SYSTEM (SPACE
AND CONTROL
SEGMENTS).
30 1203173SF SPACE AND 4,397 4,397
MISSILE TEST
AND EVALUATION
CENTER.
31 1203174SF SPACE 44,746 44,746
INNOVATION,
INTEGRATION
AND RAPID
TECHNOLOGY
DEVELOPMENT.
32 1203182SF SPACELIFT RANGE 11,020 11,020
SYSTEM (SPACE).
33 1203265SF GPS III SPACE 10,777 10,777
SEGMENT.
34 1203873SF BALLISTIC 28,179 46,679
MISSILE
DEFENSE RADARS.
.............. Cobra Dane [18,500]
service
life
extension.
35 1203913SF NUDET DETECTION 29,157 29,157
SYSTEM (SPACE).
36 1203940SFZ SPACE SITUATION 44,809 51,809
AWARENESS
OPERATIONS.
.............. Commercial [7,000]
SSA.
37 1206423SF GLOBAL 481,999 416,999
POSITIONING
SYSTEM III--
OPERATIONAL
CONTROL
SEGMENT.
.............. Funds [-65,000]
available
prioritized
to other
space
missions.
41 1206770SF ENTERPRISE 116,791 116,791
GROUND
SERVICES.
999 9999999999 CLASSIFIED 3,632,866 3,632,866
PROGRAMS.
.............. SUBTOTAL 4,733,142 4,693,642
OPERATIONAL
SYSTEM
DEVELOPMENT.
..............
.............. SOFTWARE AND
DIGITAL
TECHNOLOGY
PILOT PROGRAMS
42 1203614SF JSPOC MISSION 149,742 149,742
SYSTEM.
.............. SUBTOTAL 149,742 149,742
SOFTWARE AND
DIGITAL
TECHNOLOGY
PILOT PROGRAMS.
..............
.............. TOTAL RDTE, 10,327,595 10,301,095
SPACE FORCE.
..............
.............. RESEARCH,
DEVELOPMENT,
TEST & EVAL,
DW
.............. BASIC RESEARCH
1 0601000BR DTRA BASIC 14,617 14,617
RESEARCH.
2 0601101E DEFENSE 479,958 479,958
RESEARCH
SCIENCES.
3 0601110D8Z BASIC RESEARCH 35,565 72,565
INITIATIVES.
.............. DEPSCoR.... [20,000]
.............. Minerva [17,000]
Research
initiative
restore DWR
cut.
4 0601117E BASIC 53,730 58,730
OPERATIONAL
MEDICAL
RESEARCH
SCIENCE.
.............. Traumatic [5,000]
brain
injury
medical
research.
5 0601120D8Z NATIONAL 100,241 100,241
DEFENSE
EDUCATION
PROGRAM.
6 0601228D8Z HISTORICALLY 30,975 37,975
BLACK COLLEGES
AND
UNIVERSITIES/
MINORITY
INSTITUTIONS.
.............. Aerospace [2,000]
education,
research,
and
innovation
activities.
.............. HBCU/ [5,000]
Minority
Institution
s.
7 0601384BP CHEMICAL AND 45,300 45,300
BIOLOGICAL
DEFENSE
PROGRAM.
.............. SUBTOTAL BASIC 760,386 809,386
RESEARCH.
..............
.............. APPLIED
RESEARCH
8 0602000D8Z JOINT MUNITIONS 19,409 19,409
TECHNOLOGY.
9 0602115E BIOMEDICAL 107,568 107,568
TECHNOLOGY.
11 0602230D8Z DEFENSE 35,000 35,000
TECHNOLOGY
INNOVATION.
12 0602234D8Z LINCOLN 41,080 41,080
LABORATORY
RESEARCH
PROGRAM.
13 0602251D8Z APPLIED 60,722 60,722
RESEARCH FOR
THE
ADVANCEMENT OF
S&T PRIORITIES.
14 0602303E INFORMATION & 435,920 435,920
COMMUNICATIONS
TECHNOLOGY.
15 0602383E BIOLOGICAL 26,950 26,950
WARFARE
DEFENSE.
16 0602384BP CHEMICAL AND 201,807 201,807
BIOLOGICAL
DEFENSE
PROGRAM.
17 0602668D8Z CYBER SECURITY 15,255 15,255
RESEARCH.
18 0602702E TACTICAL 233,271 233,271
TECHNOLOGY.
19 0602715E MATERIALS AND 250,107 290,107
BIOLOGICAL
TECHNOLOGY.
.............. Increase in [40,000]
emerging
biotech
research.
20 0602716E ELECTRONICS 322,693 322,693
TECHNOLOGY.
21 0602718BR COUNTER WEAPONS 174,571 174,571
OF MASS
DESTRUCTION
APPLIED
RESEARCH.
22 0602751D8Z SOFTWARE 9,573 9,573
ENGINEERING
INSTITUTE
(SEI) APPLIED
RESEARCH.
23 1160401BB SOF TECHNOLOGY 42,464 42,464
DEVELOPMENT.
.............. SUBTOTAL 1,976,390 2,016,390
APPLIED
RESEARCH.
..............
.............. ADVANCED
TECHNOLOGY
DEVELOPMENT
24 0603000D8Z JOINT MUNITIONS 22,920 22,920
ADVANCED
TECHNOLOGY.
25 0603121D8Z SO/LIC ADVANCED 4,914 4,914
DEVELOPMENT.
26 0603122D8Z COMBATING 51,089 51,089
TERRORISM
TECHNOLOGY
SUPPORT.
27 0603133D8Z FOREIGN 25,183 25,183
COMPARATIVE
TESTING.
29 0603160BR COUNTER WEAPONS 366,659 366,659
OF MASS
DESTRUCTION
ADVANCED
TECHNOLOGY
DEVELOPMENT.
30 0603176C ADVANCED 14,910 14,910
CONCEPTS AND
PERFORMANCE
ASSESSMENT.
32 0603180C ADVANCED 18,687 18,687
RESEARCH.
33 0603225D8Z JOINT DOD-DOE 18,873 18,873
MUNITIONS
TECHNOLOGY
DEVELOPMENT.
34 0603286E ADVANCED 230,978 210,978
AEROSPACE
SYSTEMS.
.............. OpFires [-20,000]
lack of
transition
pathway.
35 0603287E SPACE PROGRAMS 158,439 158,439
AND TECHNOLOGY.
36 0603288D8Z ANALYTIC 23,775 23,775
ASSESSMENTS.
37 0603289D8Z ADVANCED 36,524 36,524
INNOVATIVE
ANALYSIS AND
CONCEPTS.
38 0603291D8Z ADVANCED 14,703 14,703
INNOVATIVE
ANALYSIS AND
CONCEPTS--MHA.
39 0603294C COMMON KILL 11,058 11,058
VEHICLE
TECHNOLOGY.
40 0603338D8Z DEFENSE 133,375 126,375
MODERNIZATION
AND
PROTOTYPING.
.............. Lack of [-20,000]
hypersonic
prototype
coordinatio
n efforts.
.............. Stratospher [13,000]
ic balloon
research.
42 0603342D8Z DEFENSE 26,141 26,141
INNOVATION
UNIT (DIU).
43 0603375D8Z TECHNOLOGY 27,709 27,709
INNOVATION.
44 0603384BP CHEMICAL AND 188,001 188,001
BIOLOGICAL
DEFENSE
PROGRAM--ADVAN
CED
DEVELOPMENT.
45 0603527D8Z RETRACT LARCH.. 130,283 130,283
46 0603618D8Z JOINT 15,164 15,164
ELECTRONIC
ADVANCED
TECHNOLOGY.
47 0603648D8Z JOINT 85,452 85,452
CAPABILITY
TECHNOLOGY
DEMONSTRATIONS.
48 0603662D8Z NETWORKED 5,882 5,882
COMMUNICATIONS
CAPABILITIES.
49 0603680D8Z DEFENSE-WIDE 93,817 98,817
MANUFACTURING
SCIENCE AND
TECHNOLOGY
PROGRAM.
.............. Rapid [5,000]
prototyping
using
digital
manufacturi
ng.
50 0603680S MANUFACTURING 40,025 55,025
TECHNOLOGY
PROGRAM.
.............. Defense [5,000]
supply
chain
technologie
s.
.............. Steel [10,000]
performance
initiative.
52 0603712S GENERIC 10,235 10,235
LOGISTICS R&D
TECHNOLOGY
DEMONSTRATIONS.
53 0603716D8Z STRATEGIC 53,862 53,862
ENVIRONMENTAL
RESEARCH
PROGRAM.
54 0603720S MICROELECTRONIC 124,049 124,049
S TECHNOLOGY
DEVELOPMENT
AND SUPPORT.
55 0603727D8Z JOINT 3,871 3,871
WARFIGHTING
PROGRAM.
56 0603739E ADVANCED 95,864 95,864
ELECTRONICS
TECHNOLOGIES.
57 0603760E COMMAND, 221,724 221,724
CONTROL AND
COMMUNICATIONS
SYSTEMS.
58 0603766E NETWORK-CENTRIC 661,158 651,158
WARFARE
TECHNOLOGY.
.............. Lack of [-10,000]
coordinatio
n.
59 0603767E SENSOR 200,220 200,220
TECHNOLOGY.
60 0603769D8Z DISTRIBUTED 6,765 6,765
LEARNING
ADVANCED
TECHNOLOGY
DEVELOPMENT.
61 0603781D8Z SOFTWARE 12,598 12,598
ENGINEERING
INSTITUTE.
64 0603924D8Z HIGH ENERGY 105,410 105,410
LASER ADVANCED
TECHNOLOGY
PROGRAM.
65 0603941D8Z TEST & 187,065 187,065
EVALUATION
SCIENCE &
TECHNOLOGY.
67 0604055D8Z OPERATIONAL 0 65,000
ENERGY
CAPABILITY
IMPROVEMENT.
.............. Restoration [65,000]
of funds.
70 1160402BB SOF ADVANCED 89,072 89,072
TECHNOLOGY
DEVELOPMENT.
71 1206310SDA SPACE SCIENCE 72,422 72,422
AND TECHNOLOGY
RESEARCH AND
DEVELOPMENT.
.............. SUBTOTAL 3,588,876 3,636,876
ADVANCED
TECHNOLOGY
DEVELOPMENT.
..............
.............. ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
72 0603161D8Z NUCLEAR AND 32,636 32,636
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT
RDT&E ADC&P.
73 0603600D8Z WALKOFF........ 106,529 106,529
75 0603851D8Z ENVIRONMENTAL 61,345 76,345
SECURITY
TECHNICAL
CERTIFICATION
PROGRAM.
.............. Joint [15,000]
Storage
Program.
76 0603881C BALLISTIC 412,627 412,627
MISSILE
DEFENSE
TERMINAL
DEFENSE
SEGMENT.
77 0603882C BALLISTIC 1,004,305 1,004,305
MISSILE
DEFENSE
MIDCOURSE
DEFENSE
SEGMENT.
78 0603884BP CHEMICAL AND 76,167 76,167
BIOLOGICAL
DEFENSE
PROGRAM--DEM/
VAL.
79 0603884C BALLISTIC 281,957 281,957
MISSILE
DEFENSE
SENSORS.
80 0603890C BMD ENABLING 599,380 599,380
PROGRAMS.
81 0603891C SPECIAL 420,216 420,216
PROGRAMS--MDA.
82 0603892C AEGIS BMD...... 814,936 814,936
83 0603896C BALLISTIC 593,353 593,353
MISSILE
DEFENSE
COMMAND AND
CONTROL,
BATTLE
MANAGEMENT AND
COMMUNICATI.
84 0603898C BALLISTIC 49,560 49,560
MISSILE
DEFENSE JOINT
WARFIGHTER
SUPPORT.
85 0603904C MISSILE DEFENSE 55,356 55,356
INTEGRATION &
OPERATIONS
CENTER (MDIOC).
86 0603906C REGARDING 11,863 11,863
TRENCH.
87 0603907C SEA BASED X- 118,318 118,318
BAND RADAR
(SBX).
88 0603913C ISRAELI 300,000 300,000
COOPERATIVE
PROGRAMS.
89 0603914C BALLISTIC 378,302 378,302
MISSILE
DEFENSE TEST.
90 0603915C BALLISTIC 536,133 536,133
MISSILE
DEFENSE
TARGETS.
92 0603923D8Z COALITION 10,129 10,129
WARFARE.
93 0604011D8Z NEXT GENERATION 449,000 449,000
INFORMATION
COMMUNICATIONS
TECHNOLOGY
(5G).
94 0604016D8Z DEPARTMENT OF 3,325 3,325
DEFENSE
CORROSION
PROGRAM.
95 0604115C TECHNOLOGY 67,389 67,389
MATURATION
INITIATIVES.
98 0604181C HYPERSONIC 206,832 206,832
DEFENSE.
99 0604250D8Z ADVANCED 730,508 630,508
INNOVATIVE
TECHNOLOGIES.
.............. Program [-100,000]
decrease.
100 0604294D8Z TRUSTED & 489,076 489,076
ASSURED
MICROELECTRONI
CS.
101 0604331D8Z RAPID 102,023 82,023
PROTOTYPING
PROGRAM.
.............. Lack of [-20,000]
hypersonic
prototype
coordinatio
n efforts.
102 0604341D8Z DEFENSE 13,255 13,255
INNOVATION
UNIT (DIU)
PROTOTYPING.
103 0604400D8Z DEPARTMENT OF 2,787 2,787
DEFENSE (DOD)
UNMANNED
SYSTEM COMMON
DEVELOPMENT.
105 0604672C HOMELAND 0 162,000
DEFENSE RADAR--
HAWAII (HDR-H).
.............. Continue [162,000]
radar
development.
107 0604682D8Z WARGAMING AND 3,469 3,469
SUPPORT FOR
STRATEGIC
ANALYSIS (SSA).
109 0604826J JOINT C5 19,190 19,190
CAPABILITY
DEVELOPMENT,
INTEGRATION
AND
INTEROPERABILI
TY ASSESSMENTS.
110 0604873C LONG RANGE 137,256 137,256
DISCRIMINATION
RADAR (LRDR).
111 0604874C IMPROVED 664,138 354,138
HOMELAND
DEFENSE
INTERCEPTORS.
.............. Contract [-310,000]
award delay.
112 0604876C BALLISTIC 7,768 7,768
MISSILE
DEFENSE
TERMINAL
DEFENSE
SEGMENT TEST.
113 0604878C AEGIS BMD TEST. 170,880 170,880
114 0604879C BALLISTIC 76,456 76,456
MISSILE
DEFENSE SENSOR
TEST.
115 0604880C LAND-BASED SM-3 56,628 133,428
(LBSM3).
.............. PDI: Guam [76,800]
Defense
System--sys
tems
engineering.
116 0604887C BALLISTIC 67,071 67,071
MISSILE
DEFENSE
MIDCOURSE
SEGMENT TEST.
118 0300206R ENTERPRISE 2,198 2,198
INFORMATION
TECHNOLOGY
SYSTEMS.
119 0303191D8Z JOINT 997 997
ELECTROMAGNETI
C TECHNOLOGY
(JET) PROGRAM.
120 0305103C CYBER SECURITY 1,148 1,148
INITIATIVE.
121 1206410SDA SPACE 215,994 325,994
TECHNOLOGY
DEVELOPMENT
AND
PROTOTYPING.
.............. Execution [-20,000]
of HBTSS by
MDA.
.............. Space-based [130,000]
target
custody
layer.
122 1206893C SPACE TRACKING 34,144 34,144
& SURVEILLANCE
SYSTEM.
123 1206895C BALLISTIC 32,068 152,068
MISSILE
DEFENSE SYSTEM
SPACE PROGRAMS.
.............. Hypersonic [120,000]
and
Ballistic
Tracking
Space
Sensor
(HBTSS).
.............. SUBTOTAL 9,416,712 9,470,512
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
..............
.............. SYSTEM
DEVELOPMENT &
DEMONSTRATION
124 0604161D8Z NUCLEAR AND 7,173 7,173
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT
RDT&E SDD.
126 0604384BP CHEMICAL AND 319,976 322,976
BIOLOGICAL
DEFENSE
PROGRAM--EMD.
.............. Stryker [3,000]
NBCRV
sensor
suite
upgrade.
127 0604771D8Z JOINT TACTICAL 54,985 54,985
INFORMATION
DISTRIBUTION
SYSTEM (JTIDS).
128 0605000BR COUNTER WEAPONS 15,650 15,650
OF MASS
DESTRUCTION
SYSTEMS
DEVELOPMENT.
129 0605013BL INFORMATION 1,441 1,441
TECHNOLOGY
DEVELOPMENT.
130 0605021SE HOMELAND 7,287 7,287
PERSONNEL
SECURITY
INITIATIVE.
131 0605022D8Z DEFENSE 12,928 12,928
EXPORTABILITY
PROGRAM.
132 0605027D8Z OUSD(C) IT 10,259 10,259
DEVELOPMENT
INITIATIVES.
133 0605070S DOD ENTERPRISE 1,377 1,377
SYSTEMS
DEVELOPMENT
AND
DEMONSTRATION.
134 0605075D8Z CMO POLICY AND 1,648 1,648
INTEGRATION.
135 0605080S DEFENSE AGENCY 20,537 20,537
INITIATIVES
(DAI)--FINANCI
AL SYSTEM.
136 0605090S DEFENSE RETIRED 1,638 1,638
AND ANNUITANT
PAY SYSTEM
(DRAS).
137 0605141BR MISSION 5,500 5,500
ASSURANCE RISK
MANAGEMENT
SYSTEM (MARMS).
138 0605210D8Z DEFENSE-WIDE 8,279 8,279
ELECTRONIC
PROCUREMENT
CAPABILITIES.
139 0605294D8Z TRUSTED & 107,585 107,585
ASSURED
MICROELECTRONI
CS.
140 0605772D8Z NUCLEAR 3,685 3,685
COMMAND,
CONTROL, &
COMMUNICATIONS.
143 0305304D8Z DOD ENTERPRISE 3,275 3,275
ENERGY
INFORMATION
MANAGEMENT
(EEIM).
144 0305310D8Z CWMD SYSTEMS: 20,585 20,585
SYSTEM
DEVELOPMENT
AND
DEMONSTRATION.
.............. SUBTOTAL SYSTEM 603,808 606,808
DEVELOPMENT &
DEMONSTRATION.
..............
.............. MANAGEMENT
SUPPORT
145 0603829J JOINT 11,239 11,239
CAPABILITY
EXPERIMENTATIO
N.
146 0604774D8Z DEFENSE 9,793 9,793
READINESS
REPORTING
SYSTEM (DRRS).
147 0604875D8Z JOINT SYSTEMS 8,497 8,497
ARCHITECTURE
DEVELOPMENT.
148 0604940D8Z CENTRAL TEST 422,451 452,451
AND EVALUATION
INVESTMENT
DEVELOPMENT
(CTEIP).
.............. Joint [15,000]
Counter-UAS
Office
assessment
infrastruct
ure.
.............. Telemetry [15,000]
range
extension
wave glider
relay.
149 0604942D8Z ASSESSMENTS AND 18,379 18,379
EVALUATIONS.
150 0605001E MISSION SUPPORT 74,334 74,334
151 0605100D8Z JOINT MISSION 79,046 79,046
ENVIRONMENT
TEST
CAPABILITY
(JMETC).
153 0605126J JOINT 50,255 50,255
INTEGRATED AIR
AND MISSILE
DEFENSE
ORGANIZATION
(JIAMDO).
155 0605142D8Z SYSTEMS 49,376 49,376
ENGINEERING.
156 0605151D8Z STUDIES AND 5,777 7,777
ANALYSIS
SUPPORT--OSD.
.............. National [2,000]
Academies
of Science
study on
comparison
of talent
programs.
157 0605161D8Z NUCLEAR MATTERS- 16,552 16,552
PHYSICAL
SECURITY.
158 0605170D8Z SUPPORT TO 9,582 9,582
NETWORKS AND
INFORMATION
INTEGRATION.
159 0605200D8Z GENERAL SUPPORT 1,940 1,940
TO USD
(INTELLIGENCE).
160 0605384BP CHEMICAL AND 122,951 122,951
BIOLOGICAL
DEFENSE
PROGRAM.
167 0605790D8Z SMALL BUSINESS 3,582 3,582
INNOVATION
RESEARCH
(SBIR)/ SMALL
BUSINESS
TECHNOLOGY
TRANSFER.
168 0605797D8Z MAINTAINING 29,566 29,566
TECHNOLOGY
ADVANTAGE.
169 0605798D8Z DEFENSE 29,059 29,059
TECHNOLOGY
ANALYSIS.
170 0605801KA DEFENSE 59,369 9,369
TECHNICAL
INFORMATION
CENTER (DTIC).
.............. Insufficien [-50,000]
t progress
on data
sharing and
open
repositorie
s.
171 0605803SE R&D IN SUPPORT 29,420 29,420
OF DOD
ENLISTMENT,
TESTING AND
EVALUATION.
172 0605804D8Z DEVELOPMENT 27,198 27,198
TEST AND
EVALUATION.
173 0605898E MANAGEMENT HQ-- 13,434 13,434
R&D.
174 0605998KA MANAGEMENT HQ-- 2,837 2,837
DEFENSE
TECHNICAL
INFORMATION
CENTER (DTIC).
175 0606100D8Z BUDGET AND 13,173 13,173
PROGRAM
ASSESSMENTS.
176 0606225D8Z ODNA TECHNOLOGY 3,200 3,200
AND RESOURCE
ANALYSIS.
177 0606589D8W DEFENSE DIGITAL 999 999
SERVICE (DDS)
DEVELOPMENT
SUPPORT.
180 0203345D8Z DEFENSE 3,099 3,099
OPERATIONS
SECURITY
INITIATIVE
(DOSI).
181 0204571J JOINT STAFF 3,058 3,058
ANALYTICAL
SUPPORT.
182 0208045K C4I 59,813 59,813
INTEROPERABILI
TY.
185 0303140SE INFORMATION 1,112 1,112
SYSTEMS
SECURITY
PROGRAM.
186 0303166J SUPPORT TO 545 545
INFORMATION
OPERATIONS
(IO)
CAPABILITIES.
187 0303260D8Z DEFENSE 1,036 1,036
MILITARY
DECEPTION
PROGRAM OFFICE
(DMDPO).
188 0305172K COMBINED 30,824 30,824
ADVANCED
APPLICATIONS.
190 0305208K DISTRIBUTED 3,048 3,048
COMMON GROUND/
SURFACE
SYSTEMS.
194 0804768J COCOM EXERCISE 31,125 31,125
ENGAGEMENT AND
TRAINING
TRANSFORMATION
(CE2T2)--NON-
MHA.
195 0808709SE DEFENSE EQUAL 100 100
OPPORTUNITY
MANAGEMENT
INSTITUTE
(DEOMI).
196 0901598C MANAGEMENT HQ-- 26,902 26,902
MDA.
197 0903235K JOINT SERVICE 3,138 3,138
PROVIDER (JSP).
999 9999999999 CLASSIFIED 41,583 41,583
PROGRAMS.
.............. SUBTOTAL 1,297,392 1,279,392
MANAGEMENT
SUPPORT.
..............
.............. OPERATIONAL
SYSTEMS
DEVELOPMENT
199 0604130V ENTERPRISE 14,378 14,378
SECURITY
SYSTEM (ESS).
200 0604532K JOINT 132,058 132,058
ARTIFICIAL
INTELLIGENCE.
201 0605127T REGIONAL 1,986 1,986
INTERNATIONAL
OUTREACH (RIO)
AND
PARTNERSHIP
FOR PEACE
INFORMATION
MANA.
202 0605147T OVERSEAS 316 316
HUMANITARIAN
ASSISTANCE
SHARED
INFORMATION
SYSTEM
(OHASIS).
203 0607210D8Z INDUSTRIAL BASE 9,151 70,151
ANALYSIS AND
SUSTAINMENT
SUPPORT.
.............. Advanced [20,000]
machine
tool
research.
.............. Cold spray [5,000]
manufacturi
ng
technologie
s.
.............. Domestic [5,000]
organic LED
manufacturi
ng.
.............. Implementat [5,000]
ion of
radar
supplier
resiliency
plan.
.............. Manufacturi [6,000]
ng for
reuse of
NdFeB
magnets.
.............. Submarine [20,000]
industrial
base
workforce
training
pipeline.
204 0607310D8Z CWMD SYSTEMS: 19,082 19,082
OPERATIONAL
SYSTEMS
DEVELOPMENT.
205 0607327T GLOBAL THEATER 3,992 3,992
SECURITY
COOPERATION
MANAGEMENT
INFORMATION
SYSTEMS (G-
TSCMIS).
206 0607384BP CHEMICAL AND 39,530 39,530
BIOLOGICAL
DEFENSE
(OPERATIONAL
SYSTEMS
DEVELOPMENT).
207 0208043J PLANNING AND 3,039 3,039
DECISION AID
SYSTEM (PDAS).
212 0302019K DEFENSE INFO 16,324 16,324
INFRASTRUCTURE
ENGINEERING
AND
INTEGRATION.
213 0303126K LONG-HAUL 11,884 11,884
COMMUNICATIONS
-DCS.
214 0303131K MINIMUM 5,560 5,560
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK
(MEECN).
215 0303136G KEY MANAGEMENT 73,356 73,356
INFRASTRUCTURE
(KMI).
216 0303140D8Z INFORMATION 46,577 66,577
SYSTEMS
SECURITY
PROGRAM.
.............. Workforce [20,000]
transformat
ion cyber
initiative
pilot
program.
217 0303140G INFORMATION 356,713 356,713
SYSTEMS
SECURITY
PROGRAM.
218 0303140K INFORMATION 8,922 18,922
SYSTEMS
SECURITY
PROGRAM.
.............. Execution [10,000]
of
orchestrati
on pilot.
219 0303150K GLOBAL COMMAND 3,695 3,695
AND CONTROL
SYSTEM.
220 0303153K DEFENSE 20,113 20,113
SPECTRUM
ORGANIZATION.
223 0303228K JOINT REGIONAL 9,728 9,242
SECURITY
STACKS (JRSS).
.............. JRSS SIPR [-486]
funding.
231 0305128V SECURITY AND 5,700 5,700
INVESTIGATIVE
ACTIVITIES.
235 0305186D8Z POLICY R&D 7,144 7,144
PROGRAMS.
236 0305199D8Z NET CENTRICITY. 21,793 21,793
238 0305208BB DISTRIBUTED 6,066 6,066
COMMON GROUND/
SURFACE
SYSTEMS.
245 0305387D8Z HOMELAND 2,190 2,190
DEFENSE
TECHNOLOGY
TRANSFER
PROGRAM.
252 0708012K LOGISTICS 1,654 1,654
SUPPORT
ACTIVITIES.
253 0708012S PACIFIC 1,785 1,785
DISASTER
CENTERS.
254 0708047S DEFENSE 7,301 7,301
PROPERTY
ACCOUNTABILITY
SYSTEM.
256 1105219BB MQ-9 UAV....... 21,265 21,265
258 1160403BB AVIATION 230,812 230,812
SYSTEMS.
259 1160405BB INTELLIGENCE 19,558 19,558
SYSTEMS
DEVELOPMENT.
260 1160408BB OPERATIONAL 136,041 136,041
ENHANCEMENTS.
261 1160431BB WARRIOR SYSTEMS 59,511 58,311
.............. MMP-Light [-1,200]
unexecutabl
e, transfer
to man-pack.
262 1160432BB SPECIAL 10,500 10,500
PROGRAMS.
263 1160434BB UNMANNED ISR... 19,154 19,154
264 1160480BB SOF TACTICAL 9,263 9,263
VEHICLES.
265 1160483BB MARITIME 59,882 59,882
SYSTEMS.
266 1160489BB GLOBAL VIDEO 4,606 4,606
SURVEILLANCE
ACTIVITIES.
267 1160490BB OPERATIONAL 11,612 11,612
ENHANCEMENTS
INTELLIGENCE.
268 1203610K TELEPORT 3,239 3,239
PROGRAM.
999 9999999999 CLASSIFIED 4,746,466 4,746,466
PROGRAMS.
.............. SUBTOTAL 6,161,946 6,251,260
OPERATIONAL
SYSTEMS
DEVELOPMENT.
..............
.............. SOFTWARE AND
DIGITAL
TECHNOLOGY
PILOT PROGRAMS
269 0608197V NATIONAL 121,676 121,676
BACKGROUND
INVESTIGATION
SERVICES--SOFT
WARE PILOT
PROGRAM.
270 0608648D8Z ACQUISITION 16,848 16,848
VISIBILITY--SO
FTWARE PILOT
PROGRAM.
271 0303150K GLOBAL COMMAND 86,750 86,750
AND CONTROL
SYSTEM.
272 0308588D8Z ALGORITHMIC 250,107 250,107
WARFARE CROSS
FUNCTIONAL
TEAMS--SOFTWAR
E PILOT
PROGRAM.
.............. SUBTOTAL 475,381 475,381
SOFTWARE AND
DIGITAL
TECHNOLOGY
PILOT PROGRAMS.
..............
.............. TOTAL RESEARCH, 24,280,891 24,546,005
DEVELOPMENT,
TEST & EVAL,
DW.
..............
.............. OPERATIONAL
TEST & EVAL,
DEFENSE
.............. MANAGEMENT
SUPPORT
1 0605118OTE OPERATIONAL 100,021 100,021
TEST AND
EVALUATION.
2 0605131OTE LIVE FIRE TEST 70,933 70,933
AND EVALUATION.
3 0605814OTE OPERATIONAL 39,136 66,136
TEST
ACTIVITIES AND
ANALYSES.
.............. Advanced [5,000]
satellite
navigation
receiver.
.............. Joint Test [22,000]
and
Evaluation
DWR funding
restoration.
.............. SUBTOTAL 210,090 237,090
MANAGEMENT
SUPPORT.
..............
.............. TOTAL 210,090 237,090
OPERATIONAL
TEST & EVAL,
DEFENSE.
..............
.............. TOTAL RDT&E.... 106,224,793 106,660,645
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of
Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 Senate
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. APPLIED RESEARCH
16 0602145A NEXT GENERATION COMBAT VEHICLE 2,000 2,000
TECHNOLOGY.
.................................. SUBTOTAL APPLIED RESEARCH......... 2,000 2,000
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
80 0603327A AIR AND MISSILE DEFENSE SYSTEMS 500 500
ENGINEERING.
114 0604785A INTEGRATED BASE DEFENSE (BUDGET 2,020 2,020
ACTIVITY 4).
.................................. SUBTOTAL ADVANCED COMPONENT 2,520 2,520
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
131 0604741A AIR DEFENSE COMMAND, CONTROL AND 27,000 27,000
INTELLIGENCE--ENG DEV.
159 0605035A COMMON INFRARED COUNTERMEASURES 2,300 2,300
(CIRCM).
166 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 64,625 64,625
183 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 3,900 3,900
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 97,825 97,825
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
198 0605709A EXPLOITATION OF FOREIGN ITEMS..... 1,000 1,000
209 0606003A COUNTERINTEL AND HUMAN INTEL 4,137 4,137
MODERNIZATION.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 5,137 5,137
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
239 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 2,300 2,300
PROGRAMS.
248 0303028A SECURITY AND INTELLIGENCE 23,367 23,367
ACTIVITIES.
257 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 34,100 34,100
258 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 15,575 15,575
.................................. SUBTOTAL OPERATIONAL SYSTEMS 75,342 75,342
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 182,824 182,824
& EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
39 0603527N RETRACT LARCH..................... 36,500 36,500
58 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 14,461 14,461
DEVELOPMENT.
63 0603734N CHALK CORAL....................... 3,000 3,000
71 0603795N LAND ATTACK TECHNOLOGY............ 1,457 1,457
.................................. SUBTOTAL ADVANCED COMPONENT 55,418 55,418
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
142 0604755N SHIP SELF DEFENSE (DETECT & 1,144 1,144
CONTROL).
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 1,144 1,144
DEMONSTRATION.
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
229 0206625M USMC INTELLIGENCE/ELECTRONIC 3,000 3,000
WARFARE SYSTEMS (MIP).
.................................. SUBTOTAL OPERATIONAL SYSTEMS 3,000 3,000
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 59,562 59,562
& EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
65 0305601F MISSION PARTNER ENVIRONMENTS...... 6,500
.................................. EDI: Mission Partner [6,500]
Environment (MPE).
.................................. SUBTOTAL ADVANCED COMPONENT 6,500
DEVELOPMENT & PROTOTYPES.
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
185 0205671F JOINT COUNTER RCIED ELECTRONIC 4,080 4,080
WARFARE.
228 0208288F INTEL DATA APPLICATIONS........... 1,224 1,224
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,304 5,304
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 5,304 11,804
& EVAL, AF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. APPLIED RESEARCH
10 0602134BR COUNTER IMPROVISED-THREAT ADVANCED 3,699 3,699
STUDIES.
.................................. SUBTOTAL APPLIED RESEARCH......... 3,699 3,699
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
26 0603122D8Z COMBATING TERRORISM TECHNOLOGY 19,288 19,288
SUPPORT.
28 0603134BR COUNTER IMPROVISED-THREAT 3,861 3,861
SIMULATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 23,149 23,149
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
97 0604134BR COUNTER IMPROVISED-THREAT 19,931 19,931
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
.................................. SUBTOTAL ADVANCED COMPONENT 19,931 19,931
DEVELOPMENT & PROTOTYPES.
..................................
9999999999 CLASSIFIED PROGRAMS............... 24,057 24,057
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
260 1160408BB OPERATIONAL ENHANCEMENTS.......... 1,186 1,186
261 1160431BB WARRIOR SYSTEMS................... 5,796 5,796
263 1160434BB UNMANNED ISR...................... 5,000 5,000
.................................. SUBTOTAL OPERATIONAL SYSTEMS 36,039 36,039
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 82,818 82,818
& EVAL, DW.
..................................
.................................. TOTAL RDT&E....................... 330,508 337,008
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 Senate
Line Item Request Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
020 MODULAR SUPPORT BRIGADES............................................. 159,834 159,834
030 ECHELONS ABOVE BRIGADE............................................... 663,751 663,751
040 THEATER LEVEL ASSETS................................................. 956,477 956,477
050 LAND FORCES OPERATIONS SUPPORT....................................... 1,157,635 1,167,935
Joint Counter-UAS IOC acceleration............................... [10,300]
060 AVIATION ASSETS...................................................... 1,453,024 1,453,024
070 FORCE READINESS OPERATIONS SUPPORT................................... 4,713,660 4,713,660
080 LAND FORCES SYSTEMS READINESS........................................ 404,161 404,161
090 LAND FORCES DEPOT MAINTENANCE........................................ 1,413,359 1,413,359
100 BASE OPERATIONS SUPPORT.............................................. 8,220,093 8,346,093
Child Development Center playground equipment and furniture [79,000]
increases........................................................
Child Youth Service improvements................................. [47,000]
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 3,581,071 3,815,531
FSRM increase.................................................... [62,360]
MDTF EUCOM and INDOPACOM FSRM.................................... [126,800]
Revitalization of Army deployment infrastructure................. [45,300]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 411,844 411,844
160 US AFRICA COMMAND.................................................... 239,387 341,887
AFRICOM force protection upgrades................................ [2,500]
AFRICOM ISR improvements......................................... [64,000]
AFRICOM UFR CASEVAC improvements................................. [36,000]
170 US EUROPEAN COMMAND.................................................. 160,761 160,761
180 US SOUTHERN COMMAND.................................................. 197,826 197,826
190 US FORCES KOREA...................................................... 65,152 65,152
200 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 430,109 435,109
Additional access and operations support......................... [5,000]
210 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 464,117 464,117
SUBTOTAL OPERATING FORCES............................................ 24,692,261 25,170,521
MOBILIZATION
220 STRATEGIC MOBILITY................................................... 402,236 402,236
230 ARMY PREPOSITIONED STOCKS............................................ 324,306 324,306
240 INDUSTRIAL PREPAREDNESS.............................................. 3,653 3,653
SUBTOTAL MOBILIZATION................................................ 730,195 730,195
TRAINING AND RECRUITING
250 OFFICER ACQUISITION.................................................. 165,142 165,142
260 RECRUIT TRAINING..................................................... 76,509 76,509
270 ONE STATION UNIT TRAINING............................................ 88,523 88,523
280 SENIOR RESERVE OFFICERS TRAINING CORPS............................... 535,578 535,578
290 SPECIALIZED SKILL TRAINING........................................... 981,436 981,436
300 FLIGHT TRAINING...................................................... 1,204,768 1,204,768
310 PROFESSIONAL DEVELOPMENT EDUCATION................................... 215,195 215,195
320 TRAINING SUPPORT..................................................... 575,232 575,232
330 RECRUITING AND ADVERTISING........................................... 722,612 722,612
340 EXAMINING............................................................ 185,522 185,522
350 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 221,503 221,503
360 CIVILIAN EDUCATION AND TRAINING...................................... 154,651 154,651
370 JUNIOR RESERVE OFFICER TRAINING CORPS................................ 173,286 173,286
SUBTOTAL TRAINING AND RECRUITING..................................... 5,299,957 5,299,957
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION........................................... 491,926 466,926
Historical underexecution........................................ [-25,000]
400 CENTRAL SUPPLY ACTIVITIES............................................ 812,613 812,613
410 LOGISTIC SUPPORT ACTIVITIES.......................................... 676,178 676,178
420 AMMUNITION MANAGEMENT................................................ 437,774 437,774
430 ADMINISTRATION....................................................... 438,048 438,048
440 SERVICEWIDE COMMUNICATIONS........................................... 1,638,872 1,638,872
450 MANPOWER MANAGEMENT.................................................. 300,046 300,046
460 OTHER PERSONNEL SUPPORT.............................................. 701,103 700,103
Historical underexecution........................................ [-4,000]
Servicewomen's commemorative partnerships........................ [3,000]
470 OTHER SERVICE SUPPORT................................................ 1,887,133 1,887,133
480 ARMY CLAIMS ACTIVITIES............................................... 195,291 195,291
490 REAL ESTATE MANAGEMENT............................................... 229,537 229,537
500 FINANCIAL MANAGEMENT AND AUDIT READINESS............................. 306,370 306,370
510 INTERNATIONAL MILITARY HEADQUARTERS.................................. 373,030 373,030
520 MISC. SUPPORT OF OTHER NATIONS....................................... 32,719 32,719
9999 CLASSIFIED PROGRAMS.................................................. 1,069,915 1,069,915
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 9,590,555 9,564,555
UNDISTRIBUTED
999 UNDISTRIBUTED........................................................ 0 -458,901
COVID-related ops/training slowdown.............................. [-185,801]
Excessive standard price for fuel................................ [-135,400]
Foreign currency adjustments..................................... [-137,700]
SUBTOTAL UNDISTRIBUTED............................................... 0 -458,901
TOTAL OPERATION & MAINTENANCE, ARMY.................................. 40,312,968 40,306,327
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES............................................. 10,784 10,784
020 ECHELONS ABOVE BRIGADE............................................... 530,425 530,425
030 THEATER LEVEL ASSETS................................................. 123,737 123,737
040 LAND FORCES OPERATIONS SUPPORT....................................... 589,582 589,582
050 AVIATION ASSETS...................................................... 89,332 89,332
060 FORCE READINESS OPERATIONS SUPPORT................................... 387,545 387,545
070 LAND FORCES SYSTEMS READINESS........................................ 97,569 97,569
080 LAND FORCES DEPOT MAINTENANCE........................................ 43,148 43,148
090 BASE OPERATIONS SUPPORT.............................................. 587,098 587,098
100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 327,180 332,440
FSRM increase.................................................... [5,260]
110 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 28,783 28,783
120 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 2,745 2,745
130 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 7,438 7,438
SUBTOTAL OPERATING FORCES............................................ 2,825,366 2,830,626
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION........................................... 15,530 15,530
150 ADMINISTRATION....................................................... 17,761 17,761
160 SERVICEWIDE COMMUNICATIONS........................................... 14,256 14,256
170 MANPOWER MANAGEMENT.................................................. 6,564 6,564
180 RECRUITING AND ADVERTISING........................................... 55,240 55,240
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 109,351 109,351
UNDISTRIBUTED
999 UNDISTRIBUTED........................................................ 0 -16,699
COVID-related ops/training slowdown.............................. [-11,999]
Excessive standard price for fuel................................ [-4,700]
SUBTOTAL UNDISTRIBUTED............................................... 0 -16,699
TOTAL OPERATION & MAINTENANCE, ARMY RES.............................. 2,934,717 2,923,278
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS....................................................... 769,449 769,449
020 MODULAR SUPPORT BRIGADES............................................. 204,604 204,604
030 ECHELONS ABOVE BRIGADE............................................... 812,072 812,072
040 THEATER LEVEL ASSETS................................................. 103,650 103,650
050 LAND FORCES OPERATIONS SUPPORT....................................... 32,485 32,485
060 AVIATION ASSETS...................................................... 1,011,142 1,011,142
070 FORCE READINESS OPERATIONS SUPPORT................................... 712,881 712,881
080 LAND FORCES SYSTEMS READINESS........................................ 47,732 47,732
090 LAND FORCES DEPOT MAINTENANCE........................................ 265,408 265,408
100 BASE OPERATIONS SUPPORT.............................................. 1,106,704 1,106,704
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 876,032 887,252
FSRM increase.................................................... [11,220]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 1,050,257 1,050,257
130 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 7,998 10,998
Pilot program for National Guard cybersecurity................... [3,000]
140 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 7,756 7,756
SUBTOTAL OPERATING FORCES............................................ 7,008,170 7,022,390
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION........................................... 8,018 8,018
160 ADMINISTRATION....................................................... 74,309 74,309
170 SERVICEWIDE COMMUNICATIONS........................................... 66,140 66,140
180 MANPOWER MANAGEMENT.................................................. 9,087 9,087
190 OTHER PERSONNEL SUPPORT.............................................. 251,714 251,714
200 REAL ESTATE MANAGEMENT............................................... 2,576 2,576
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 411,844 411,844
UNDISTRIBUTED
999 UNDISTRIBUTED........................................................ 0 -74,172
COVID-related ops/training slowdown.............................. [-36,372]
Excessive standard price for fuel................................ [-37,800]
SUBTOTAL UNDISTRIBUTED............................................... 0 -74,172
TOTAL OPERATION & MAINTENANCE, ARNG.................................. 7,420,014 7,360,062
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 5,738,746 5,738,746
020 FLEET AIR TRAINING................................................... 2,213,673 2,213,673
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES....................... 57,144 57,144
040 AIR OPERATIONS AND SAFETY SUPPORT.................................... 171,949 171,949
050 AIR SYSTEMS SUPPORT.................................................. 838,767 838,767
060 AIRCRAFT DEPOT MAINTENANCE........................................... 1,459,447 1,459,447
070 AIRCRAFT DEPOT OPERATIONS SUPPORT.................................... 57,789 57,789
080 AVIATION LOGISTICS................................................... 1,264,665 1,264,665
100 SHIP OPERATIONS SUPPORT & TRAINING................................... 1,117,067 1,117,067
110 SHIP DEPOT MAINTENANCE............................................... 7,859,104 7,859,104
120 SHIP DEPOT OPERATIONS SUPPORT........................................ 2,262,196 2,262,196
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE......................... 1,521,360 1,521,360
140 SPACE SYSTEMS AND SURVEILLANCE....................................... 274,087 274,087
150 WARFARE TACTICS...................................................... 741,609 741,609
160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY............................. 401,382 401,382
170 COMBAT SUPPORT FORCES................................................ 1,546,273 1,546,273
180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................... 177,951 177,951
190 COMBATANT COMMANDERS CORE OPERATIONS................................. 61,484 66,484
PDI: Asia-Pacific Regional Initiative............................ [5,000]
200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT.......................... 102,330 110,630
PDI: Joint Task Force Indo-Pacific (SOCPAC)...................... [6,300]
PDI: Singapore CTIF fusion center................................ [2,000]
210 MILITARY INFORMATION SUPPORT OPERATIONS.............................. 8,810 26,510
PDI: Countering Chinese malign influence in Indo-Pacific......... [17,700]
220 CYBERSPACE ACTIVITIES................................................ 567,496 567,496
230 FLEET BALLISTIC MISSILE.............................................. 1,428,102 1,428,102
240 WEAPONS MAINTENANCE.................................................. 995,762 995,762
250 OTHER WEAPON SYSTEMS SUPPORT......................................... 524,008 524,008
260 ENTERPRISE INFORMATION............................................... 1,229,056 1,229,056
270 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 3,453,099 3,453,099
280 BASE OPERATING SUPPORT............................................... 4,627,966 4,627,966
SUBTOTAL OPERATING FORCES............................................ 40,701,322 40,732,322
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE........................................ 849,993 849,993
300 READY RESERVE FORCE.................................................. 436,029 436,029
310 SHIP ACTIVATIONS/INACTIVATIONS....................................... 286,416 286,416
320 EXPEDITIONARY HEALTH SERVICES SYSTEMS................................ 99,402 111,002
USNS Mercy SLEP.................................................. [11,600]
330 COAST GUARD SUPPORT.................................................. 25,235 25,235
SUBTOTAL MOBILIZATION................................................ 1,697,075 1,708,675
TRAINING AND RECRUITING
340 OFFICER ACQUISITION.................................................. 186,117 186,117
350 RECRUIT TRAINING..................................................... 13,206 13,206
360 RESERVE OFFICERS TRAINING CORPS...................................... 163,683 163,683
370 SPECIALIZED SKILL TRAINING........................................... 947,841 947,841
380 PROFESSIONAL DEVELOPMENT EDUCATION................................... 367,647 367,647
390 TRAINING SUPPORT..................................................... 254,928 254,928
400 RECRUITING AND ADVERTISING........................................... 206,305 206,305
410 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 103,799 103,799
420 CIVILIAN EDUCATION AND TRAINING...................................... 66,060 66,060
430 JUNIOR ROTC.......................................................... 56,276 56,276
SUBTOTAL TRAINING AND RECRUITING..................................... 2,365,862 2,365,862
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION....................................................... 1,249,410 1,249,410
450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................... 189,625 189,625
460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................... 499,904 499,904
470 MEDICAL ACTIVITIES................................................... 196,747 196,747
480 SERVICEWIDE TRANSPORTATION........................................... 165,708 165,708
500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT........................... 519,716 524,716
Energy Security Programs Office.................................. [5,000]
510 ACQUISITION, LOGISTICS, AND OVERSIGHT................................ 751,184 751,184
520 INVESTIGATIVE AND SECURITY SERVICES.................................. 747,519 747,519
9999 CLASSIFIED PROGRAMS.................................................. 608,670 608,670
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 4,928,483 4,933,483
UNDISTRIBUTED
999 UNDISTRIBUTED........................................................ 0 -629,787
COVID-related ops/training slowdown.............................. [-54,987]
Excessive standard price for fuel................................ [-526,100]
Foreign currency adjustments..................................... [-48,700]
SUBTOTAL UNDISTRIBUTED............................................... 0 -629,787
TOTAL OPERATION & MAINTENANCE, NAVY.................................. 49,692,742 49,110,555
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES................................................... 941,143 941,143
020 FIELD LOGISTICS...................................................... 1,277,798 1,277,798
030 DEPOT MAINTENANCE.................................................... 206,907 206,907
040 MARITIME PREPOSITIONING.............................................. 103,614 103,614
050 CYBERSPACE ACTIVITIES................................................ 215,974 215,974
060 SUSTAINMENT, RESTORATION & MODERNIZATION............................. 938,063 938,063
070 BASE OPERATING SUPPORT............................................... 2,264,680 2,264,680
SUBTOTAL OPERATING FORCES............................................ 5,948,179 5,948,179
TRAINING AND RECRUITING
080 RECRUIT TRAINING..................................................... 20,751 20,751
090 OFFICER ACQUISITION.................................................. 1,193 1,193
100 SPECIALIZED SKILL TRAINING........................................... 110,149 110,149
110 PROFESSIONAL DEVELOPMENT EDUCATION................................... 69,509 69,509
120 TRAINING SUPPORT..................................................... 412,613 412,613
130 RECRUITING AND ADVERTISING........................................... 215,464 215,464
140 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 33,719 33,719
150 JUNIOR ROTC.......................................................... 25,784 25,784
SUBTOTAL TRAINING AND RECRUITING..................................... 889,182 889,182
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION........................................... 32,005 32,005
170 ADMINISTRATION....................................................... 399,363 399,363
9999 CLASSIFIED PROGRAMS.................................................. 59,878 59,878
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 491,246 491,246
UNDISTRIBUTED
999 UNDISTRIBUTED........................................................ 0 -28,257
COVID-related ops/training slowdown.............................. [-7,457]
Excessive standard price for fuel................................ [-7,300]
Foreign currency adjustments..................................... [-13,500]
SUBTOTAL UNDISTRIBUTED............................................... 0 -28,257
TOTAL OPERATION & MAINTENANCE, MARINE CORPS.......................... 7,328,607 7,300,350
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 635,070 635,070
020 INTERMEDIATE MAINTENANCE............................................. 8,713 8,713
030 AIRCRAFT DEPOT MAINTENANCE........................................... 105,088 105,088
040 AIRCRAFT DEPOT OPERATIONS SUPPORT.................................... 398 398
050 AVIATION LOGISTICS................................................... 27,284 27,284
070 COMBAT COMMUNICATIONS................................................ 17,894 17,894
080 COMBAT SUPPORT FORCES................................................ 132,862 132,862
090 CYBERSPACE ACTIVITIES................................................ 453 453
100 ENTERPRISE INFORMATION............................................... 26,073 26,073
110 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 48,762 48,762
120 BASE OPERATING SUPPORT............................................... 103,580 103,580
SUBTOTAL OPERATING FORCES............................................ 1,106,177 1,106,177
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION....................................................... 1,927 1,927
140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................... 15,895 15,895
150 ACQUISITION AND PROGRAM MANAGEMENT................................... 3,047 3,047
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 20,869 20,869
UNDISTRIBUTED
999 UNDISTRIBUTED........................................................ 0 -30,938
COVID-related ops/training slowdown.............................. [-6,438]
Excessive standard price for fuel................................ [-24,500]
SUBTOTAL UNDISTRIBUTED............................................... 0 -30,938
TOTAL OPERATION & MAINTENANCE, NAVY RES.............................. 1,127,046 1,096,108
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES..................................................... 104,616 104,616
020 DEPOT MAINTENANCE.................................................... 17,053 17,053
030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 41,412 41,412
040 BASE OPERATING SUPPORT............................................... 107,773 107,773
SUBTOTAL OPERATING FORCES............................................ 270,854 270,854
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION....................................................... 13,802 13,802
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 13,802 13,802
UNDISTRIBUTED
999 UNDISTRIBUTED........................................................ 0 -1,246
COVID-related ops/training slowdown.............................. [-1,046]
Excessive standard price for fuel................................ [-200]
SUBTOTAL UNDISTRIBUTED............................................... 0 -1,246
TOTAL OPERATION & MAINTENANCE, MC RESERVE............................ 284,656 283,410
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES................................................ 731,511 733,211
Premature reduction of A-10 squadrons............................ [1,700]
020 COMBAT ENHANCEMENT FORCES............................................ 1,275,485 1,275,485
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS)....................... 1,437,095 1,449,495
Premature reduction of A-10 squadrons............................ [12,400]
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 3,241,216 3,343,016
FSRM increase.................................................... [101,800]
060 CYBERSPACE SUSTAINMENT............................................... 235,816 235,816
070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 1,508,342 1,477,897
Transfer to OCO.................................................. [-30,445]
080 FLYING HOUR PROGRAM.................................................. 4,458,457 4,564,157
KC-10 tanker divestment reversal................................. [16,200]
KC-135 tanker divestment reversal................................ [36,600]
Premature reduction of A-10 squadrons............................ [52,900]
090 BASE SUPPORT......................................................... 7,497,288 7,497,288
100 GLOBAL C3I AND EARLY WARNING......................................... 849,842 880,642
PDI: Mission Partner Environment implementation.................. [30,800]
110 OTHER COMBAT OPS SPT PROGRAMS........................................ 1,067,055 1,067,055
120 CYBERSPACE ACTIVITIES................................................ 698,579 698,579
150 SPACE CONTROL SYSTEMS................................................ 34,194 34,194
160 US NORTHCOM/NORAD.................................................... 204,268 204,268
170 US STRATCOM.......................................................... 526,809 526,809
180 US CYBERCOM.......................................................... 314,524 356,224
Additional access and operations support......................... [25,000]
Hunt Forward missions............................................ [13,800]
Secure the DODIN................................................. [2,900]
190 US CENTCOM........................................................... 186,116 186,116
200 US SOCOM............................................................. 9,881 9,881
210 US TRANSCOM.......................................................... 1,046 1,046
230 USSPACECOM........................................................... 249,022 249,022
9999 CLASSIFIED PROGRAMS.................................................. 1,289,339 1,289,339
SUBTOTAL OPERATING FORCES............................................ 25,815,885 26,079,540
MOBILIZATION
240 AIRLIFT OPERATIONS................................................... 1,350,031 1,350,031
250 MOBILIZATION PREPAREDNESS............................................ 647,168 647,168
SUBTOTAL MOBILIZATION................................................ 1,997,199 1,997,199
TRAINING AND RECRUITING
260 OFFICER ACQUISITION.................................................. 142,548 142,548
270 RECRUIT TRAINING..................................................... 25,720 25,720
280 RESERVE OFFICERS TRAINING CORPS (ROTC)............................... 128,295 128,295
290 SPECIALIZED SKILL TRAINING........................................... 417,335 417,335
300 FLIGHT TRAINING...................................................... 615,033 615,033
310 PROFESSIONAL DEVELOPMENT EDUCATION................................... 298,795 298,795
320 TRAINING SUPPORT..................................................... 85,844 85,844
330 RECRUITING AND ADVERTISING........................................... 155,065 135,065
Ahead of need.................................................... [-20,000]
340 EXAMINING............................................................ 4,474 4,474
350 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 219,349 219,349
360 CIVILIAN EDUCATION AND TRAINING...................................... 361,570 361,570
370 JUNIOR ROTC.......................................................... 72,126 72,126
SUBTOTAL TRAINING AND RECRUITING..................................... 2,526,154 2,506,154
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS................................................. 672,426 672,426
390 TECHNICAL SUPPORT ACTIVITIES......................................... 145,130 145,130
400 ADMINISTRATION....................................................... 851,251 851,251
410 SERVICEWIDE COMMUNICATIONS........................................... 28,554 28,554
420 OTHER SERVICEWIDE ACTIVITIES......................................... 1,188,414 1,188,414
430 CIVIL AIR PATROL..................................................... 28,772 28,772
450 INTERNATIONAL SUPPORT................................................ 158,803 158,803
9999 CLASSIFIED PROGRAMS.................................................. 1,338,009 1,338,009
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 4,411,359 4,411,359
UNDISTRIBUTED
999 UNDISTRIBUTED........................................................ 0 -765,956
COVID-related ops/training slowdown.............................. [-89,856]
COVID-related throughput carryover adjustment.................... [-75,800]
Excessive standard price for fuel................................ [-560,200]
Foreign currency adjustments..................................... [-40,100]
SUBTOTAL UNDISTRIBUTED............................................... 0 -765,956
TOTAL OPERATION & MAINTENANCE, AIR FORCE............................. 34,750,597 34,228,296
OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
020 GLOBAL C3I & EARLY WARNING........................................... 276,109 276,109
030 SPACE LAUNCH OPERATIONS.............................................. 177,056 177,056
040 SPACE OPERATIONS..................................................... 475,338 475,338
050 EDUCATION & TRAINING................................................. 18,660 18,660
060 SPECIAL PROGRAMS..................................................... 137,315 137,315
070 DEPOT MAINTENANCE.................................................... 250,324 250,324
080 CONTRACTOR LOGISTICS & SYSTEM SUPPORT................................ 1,063,969 1,063,969
SUBTOTAL OPERATING FORCES............................................ 2,398,771 2,398,771
ADMINISTRATION AND SERVICE WIDE ACTIVITIES
090 ADMINISTRATION....................................................... 132,523 132,523
SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES.................. 132,523 132,523
UNDISTRIBUTED
999 UNDISTRIBUTED........................................................ 0 -400
Excessive standard price for fuel................................ [-400]
SUBTOTAL UNDISTRIBUTED............................................... 0 -400
TOTAL OPERATION & MAINTENANCE, SPACE FORCE........................... 2,531,294 2,530,894
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES................................................ 1,782,016 1,782,016
020 MISSION SUPPORT OPERATIONS........................................... 215,209 215,209
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 453,896 509,096
KC-10 tanker divestment reversal................................. [48,400]
KC-135 tanker divestment reversal................................ [3,400]
Premature reduction of A-10 squadrons............................ [3,400]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 103,414 107,614
FSRM increase.................................................... [4,200]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 224,977 224,977
060 BASE SUPPORT......................................................... 452,468 452,468
070 CYBERSPACE ACTIVITIES................................................ 2,259 2,259
SUBTOTAL OPERATING FORCES............................................ 3,234,239 3,293,639
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
080 ADMINISTRATION....................................................... 74,258 74,258
090 RECRUITING AND ADVERTISING........................................... 23,121 18,121
Ahead of need.................................................... [-5,000]
100 MILITARY MANPOWER AND PERS MGMT (ARPC)............................... 12,006 12,006
110 OTHER PERS SUPPORT (DISABILITY COMP)................................. 6,165 6,165
120 AUDIOVISUAL.......................................................... 495 495
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES................... 116,045 111,045
UNDISTRIBUTED
999 UNDISTRIBUTED........................................................ 0 -73,163
COVID-related ops/training slowdown.............................. [-10,863]
Excessive standard price for fuel................................ [-62,300]
SUBTOTAL UNDISTRIBUTED............................................... 0 -73,163
TOTAL OPERATION & MAINTENANCE, AF RESERVE............................ 3,350,284 3,331,521
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS.................................................. 2,476,205 2,476,205
020 MISSION SUPPORT OPERATIONS........................................... 611,325 611,325
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 1,138,919 1,138,919
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 323,605 332,505
FSRM increase.................................................... [8,900]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 1,100,828 1,100,828
060 BASE SUPPORT......................................................... 962,438 962,438
070 CYBERSPACE SUSTAINMENT............................................... 27,028 27,028
080 CYBERSPACE ACTIVITIES................................................ 16,380 19,380
Pilot program for National Guard cybersecurity................... [3,000]
SUBTOTAL OPERATING FORCES............................................ 6,656,728 6,668,628
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
090 ADMINISTRATION....................................................... 48,218 48,218
100 RECRUITING AND ADVERTISING........................................... 48,696 33,696
Ahead of need.................................................... [-15,000]
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES.................. 96,914 81,914
UNDISTRIBUTED
999 UNDISTRIBUTED........................................................ 0 -122,052
COVID-related ops/training slowdown.............................. [-15,852]
Excessive standard price for fuel................................ [-106,200]
SUBTOTAL UNDISTRIBUTED............................................... 0 -122,052
TOTAL OPERATION & MAINTENANCE, ANG................................... 6,753,642 6,628,490
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF................................................ 439,111 439,111
020 JOINT CHIEFS OF STAFF--CE2T2......................................... 535,728 535,728
030 JOINT CHIEFS OF STAFF--CYBER......................................... 24,728 24,728
040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES............. 1,069,971 1,072,971
SOCOM Syria exfiltration reconsitution........................... [3,000]
050 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES..................... 9,800 9,800
060 SPECIAL OPERATIONS COMMAND INTELLIGENCE.............................. 561,907 561,907
070 SPECIAL OPERATIONS COMMAND MAINTENANCE............................... 685,097 707,097
Airborne ISR restoration......................................... [22,000]
080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS....... 158,971 158,971
090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT....................... 1,062,748 1,062,748
100 SPECIAL OPERATIONS COMMAND THEATER FORCES............................ 2,598,385 2,599,685
Airborne ISR restoration......................................... [1,300]
SUBTOTAL OPERATING FORCES............................................ 7,146,446 7,172,746
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY....................................... 162,963 162,963
130 JOINT CHIEFS OF STAFF................................................ 95,684 95,684
140 PROFESSIONAL DEVELOPMENT EDUCATION................................... 33,301 33,301
SUBTOTAL TRAINING AND RECRUITING..................................... 291,948 291,948
ADMIN & SRVWIDE ACTIVITIES
160 CIVIL MILITARY PROGRAMS.............................................. 147,993 179,893
Innovative Readiness Training.................................... [16,900]
STARBASE......................................................... [15,000]
180 DEFENSE CONTRACT AUDIT AGENCY........................................ 604,835 604,835
190 DEFENSE CONTRACT AUDIT AGENCY--CYBER................................. 3,282 3,282
210 DEFENSE CONTRACT MANAGEMENT AGENCY................................... 1,370,681 1,427,081
DWR restore activities........................................... [56,400]
220 DEFENSE CONTRACT MANAGEMENT AGENCY--CYBER............................ 22,532 22,532
230 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY...................... 949,008 952,008
DWR restore: Congressional oversight............................. [3,000]
250 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY--CYBER............... 9,577 9,577
260 DEFENSE HUMAN RESOURCES ACTIVITY..................................... 799,952 799,952
270 DEFENSE HUMAN RESOURCES ACTIVITY--CYBER.............................. 20,806 20,806
280 DEFENSE INFORMATION SYSTEMS AGENCY................................... 1,883,190 1,923,190
Secure the DODIN................................................. [40,000]
290 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER............................ 582,639 577,939
JRSS SIPR funding................................................ [-4,700]
330 DEFENSE LEGAL SERVICES AGENCY........................................ 37,637 37,637
340 DEFENSE LOGISTICS AGENCY............................................. 382,084 385,684
DWR restore: blankets for homeless............................... [3,600]
350 DEFENSE MEDIA ACTIVITY............................................... 196,997 196,997
360 DEFENSE PERSONNEL ACCOUNTING AGENCY.................................. 129,225 129,225
370 DEFENSE SECURITY COOPERATION AGENCY.................................. 598,559 598,559
Defense Institute for International Legal Studies................ [2,000]
Institute for Security Governance................................ [-2,000]
PDI: Maritime Security Initiative INDOPACOM UFR.................. [163,000]
PDI: Transfer from Sec. 333 to Maritime Security Initiative...... [-163,000]
400 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................... 38,432 38,432
410 DEFENSE THREAT REDUCTION AGENCY...................................... 591,780 591,780
430 DEFENSE THREAT REDUCTION AGENCY--CYBER............................... 24,635 24,635
440 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY............................. 2,941,429 3,012,929
DWR restore: maintain student-teacher ratios in DODEA schools.... [1,500]
Impact Aid for children with severe disabilities................. [20,000]
Impact Aid for schools with military dependent students.......... [50,000]
450 MISSILE DEFENSE AGENCY............................................... 505,858 505,858
480 OFFICE OF ECONOMIC ADJUSTMENT........................................ 40,272 90,272
Defense Community Infrastruture Program infusion................. [50,000]
490 OFFICE OF THE SECRETARY OF DEFENSE................................... 1,540,446 1,613,946
AI National Security Commission.................................. [2,500]
Bien Hoa dioxin cleanup.......................................... [15,000]
Black Start ERREs................................................ [2,000]
CDC PFAS health assessment....................................... [10,000]
Commission on Confederate symbols and displays................... [2,000]
Cooperative program for Vietnam personnel MIA.................... [2,000]
DWR restore: Congressional background investigations............. [-3,000]
Energy performance contracts..................................... [10,000]
ESOH personnel in ASD(S)......................................... [2,000]
FY20 NDAA Sec. 575 interstate spousal licensing.................. [4,000]
National Cyber Director independent study........................ [2,000]
REPI............................................................. [25,000]
500 OFFICE OF THE SECRETARY OF DEFENSE--CYBER............................ 51,630 51,630
510 SPACE DEVELOPMENT AGENCY............................................. 48,166 48,166
530 WASHINGTON HEADQUARTERS SERVICES..................................... 340,291 343,291
DWR restore: support to commissions.............................. [3,000]
9999 CLASSIFIED PROGRAMS.................................................. 17,348,749 17,348,749
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 31,210,685 31,538,885
UNDISTRIBUTED
999 UNDISTRIBUTED........................................................ 0 -172,839
COVID-related ops/training slowdown.............................. [-129,339]
Excessive standard price for fuel................................ [-14,800]
Foreign currency adjustments..................................... [-28,700]
SUBTOTAL UNDISTRIBUTED............................................... 0 -172,839
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE........................ 38,649,079 38,830,740
MISCELLANEOUS APPROPRIATIONS
US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE
010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE.................... 15,211 15,211
SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE........... 15,211 15,211
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 15,211 15,211
MISCELLANEOUS APPROPRIATIONS
OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID
010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID........................ 109,900 109,900
SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID............... 109,900 109,900
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 109,900 109,900
MISCELLANEOUS APPROPRIATIONS
COOPERATIVE THREAT REDUCTION
010 COOPERATIVE THREAT REDUCTION......................................... 238,490 288,490
DWR restore: Biological Threat Reduction Program................. [50,000]
SUBTOTAL COOPERATIVE THREAT REDUCTION................................ 238,490 288,490
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 238,490 288,490
MISCELLANEOUS APPROPRIATIONS
ACQUISITION WORKFORCE DEVELOPMENT
010 ACQ WORKFORCE DEV FD................................................. 58,181 156,680
DWR restore OSD-level acquisition workforce activities........... [98,499]
SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT........................... 58,181 156,680
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 58,181 156,680
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, ARMY
050 ENVIRONMENTAL RESTORATION, ARMY...................................... 207,518 207,518
SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY............................. 207,518 207,518
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 207,518 207,518
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, NAVY
060 ENVIRONMENTAL RESTORATION, NAVY...................................... 335,932 335,932
SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY............................. 335,932 335,932
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 335,932 335,932
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR FORCE................................. 303,926 303,926
SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE........................ 303,926 303,926
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 303,926 303,926
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, DEFENSE
080 ENVIRONMENTAL RESTORATION, DEFENSE................................... 9,105 9,105
SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE.......................... 9,105 9,105
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 9,105 9,105
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION FORMERLY USED SITES
090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES........................ 216,587 216,587
SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES............... 216,587 216,587
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 216,587 216,587
TOTAL OPERATION & MAINTENANCE........................................ 196,630,496 195,573,380
----------------------------------------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 Senate
Line Item Request Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS....................................................... 4,114,001 4,114,001
030 ECHELONS ABOVE BRIGADE............................................... 32,811 32,811
040 THEATER LEVEL ASSETS................................................. 2,542,760 2,545,410
EDI: Support to deterrent activities............................. [2,650]
050 LAND FORCES OPERATIONS SUPPORT....................................... 162,557 162,557
060 AVIATION ASSETS...................................................... 204,396 204,396
070 FORCE READINESS OPERATIONS SUPPORT................................... 5,716,734 5,721,224
EDI: Support to deterrent activities PE 0202218A................. [1,490]
EDI: Support to deterrent activities PE 1001010A................. [3,000]
080 LAND FORCES SYSTEMS READINESS........................................ 180,048 180,048
090 LAND FORCES DEPOT MAINTENANCE........................................ 81,125 81,125
100 BASE OPERATIONS SUPPORT.............................................. 219,029 219,029
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 301,017 301,017
130 ADDITIONAL ACTIVITIES................................................ 966,649 966,649
140 COMMANDER'S EMERGENCY RESPONSE PROGRAM............................... 2,500 2,000
Hero payments funded by ASFF..................................... [-500]
150 RESET................................................................ 403,796 403,796
160 US AFRICA COMMAND.................................................... 100,422 100,422
170 US EUROPEAN COMMAND.................................................. 120,043 144,143
EDI: Continuity of operations support............................ [2,100]
EDI: Modernizing Mission Partner Environment (MPE)............... [22,000]
200 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 98,461 98,461
210 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 21,256 21,256
SUBTOTAL OPERATING FORCES............................................ 15,267,605 15,298,345
MOBILIZATION
230 ARMY PREPOSITIONED STOCKS............................................ 103,052 103,052
SUBTOTAL MOBILIZATION................................................ 103,052 103,052
TRAINING AND RECRUITING
290 SPECIALIZED SKILL TRAINING........................................... 89,943 89,943
320 TRAINING SUPPORT..................................................... 2,550 2,550
SUBTOTAL TRAINING AND RECRUITING..................................... 92,493 92,493
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION........................................... 521,090 521,090
400 CENTRAL SUPPLY ACTIVITIES............................................ 43,897 43,897
410 LOGISTIC SUPPORT ACTIVITIES.......................................... 68,423 68,423
420 AMMUNITION MANAGEMENT................................................ 29,162 29,162
440 SERVICEWIDE COMMUNICATIONS........................................... 11,447 11,447
470 OTHER SERVICE SUPPORT................................................ 5,839 5,839
490 REAL ESTATE MANAGEMENT............................................... 48,782 48,782
510 INTERNATIONAL MILITARY HEADQUARTERS.................................. 50,000 50,000
9999 CLASSIFIED PROGRAMS.................................................. 895,964 895,964
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 1,674,604 1,674,604
TOTAL OPERATION & MAINTENANCE, ARMY.................................. 17,137,754 17,168,494
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE............................................... 17,193 17,193
060 FORCE READINESS OPERATIONS SUPPORT................................... 440 440
090 BASE OPERATIONS SUPPORT.............................................. 15,766 15,766
SUBTOTAL OPERATING FORCES............................................ 33,399 33,399
TOTAL OPERATION & MAINTENANCE, ARMY RES.............................. 33,399 33,399
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS....................................................... 25,746 25,746
020 MODULAR SUPPORT BRIGADES............................................. 40 40
030 ECHELONS ABOVE BRIGADE............................................... 983 983
040 THEATER LEVEL ASSETS................................................. 22 22
060 AVIATION ASSETS...................................................... 20,624 20,624
070 FORCE READINESS OPERATIONS SUPPORT................................... 7,914 7,914
100 BASE OPERATIONS SUPPORT.............................................. 24,417 24,417
SUBTOTAL OPERATING FORCES............................................ 79,746 79,746
ADMIN & SRVWD ACTIVITIES
170 SERVICEWIDE COMMUNICATIONS........................................... 46 46
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 46 46
TOTAL OPERATION & MAINTENANCE, ARNG.................................. 79,792 79,792
AFGHANISTAN SECURITY FORCES FUND
AFGHAN NATIONAL ARMY
010 SUSTAINMENT.......................................................... 1,065,932 1,065,932
020 INFRASTRUCTURE....................................................... 64,501 64,501
030 EQUIPMENT AND TRANSPORTATION......................................... 47,854 47,854
040 TRAINING AND OPERATIONS.............................................. 56,780 56,780
SUBTOTAL AFGHAN NATIONAL ARMY........................................ 1,235,067 1,235,067
AFGHAN NATIONAL POLICE
050 SUSTAINMENT.......................................................... 434,500 434,500
060 INFRASTRUCTURE....................................................... 448 448
070 EQUIPMENT AND TRANSPORTATION......................................... 108,231 108,231
080 TRAINING AND OPERATIONS.............................................. 58,993 58,993
SUBTOTAL AFGHAN NATIONAL POLICE...................................... 602,172 602,172
AFGHAN AIR FORCE
090 SUSTAINMENT.......................................................... 534,102 534,102
100 INFRASTRUCTURE....................................................... 9,532 9,532
110 EQUIPMENT AND TRANSPORTATION......................................... 58,487 58,487
120 TRAINING AND OPERATIONS.............................................. 233,803 233,803
SUBTOTAL AFGHAN AIR FORCE............................................ 835,924 835,924
AFGHAN SPECIAL SECURITY FORCES
130 SUSTAINMENT.......................................................... 680,024 680,024
140 INFRASTRUCTURE....................................................... 2,532 2,532
150 EQUIPMENT AND TRANSPORTATION......................................... 486,808 486,808
160 TRAINING AND OPERATIONS.............................................. 173,085 173,085
SUBTOTAL AFGHAN SPECIAL SECURITY FORCES.............................. 1,342,449 1,342,449
TOTAL AFGHANISTAN SECURITY FORCES FUND............................... 4,015,612 4,015,612
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 382,062 382,062
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES....................... 832 832
040 AIR OPERATIONS AND SAFETY SUPPORT.................................... 17,840 17,840
050 AIR SYSTEMS SUPPORT.................................................. 210,692 210,692
060 AIRCRAFT DEPOT MAINTENANCE........................................... 170,580 170,580
070 AIRCRAFT DEPOT OPERATIONS SUPPORT.................................... 5,854 5,854
080 AVIATION LOGISTICS................................................... 33,707 33,707
090 MISSION AND OTHER SHIP OPERATIONS.................................... 5,817,696 5,817,696
100 SHIP OPERATIONS SUPPORT & TRAINING................................... 20,741 20,741
110 SHIP DEPOT MAINTENANCE............................................... 2,072,470 2,072,470
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE......................... 59,254 59,254
140 SPACE SYSTEMS AND SURVEILLANCE....................................... 18,000 18,000
150 WARFARE TACTICS...................................................... 17,324 17,324
160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY............................. 22,581 22,581
170 COMBAT SUPPORT FORCES................................................ 772,441 772,441
180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................... 5,788 5,788
200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT.......................... 24,800 24,800
220 CYBERSPACE ACTIVITIES................................................ 369 369
240 WEAPONS MAINTENANCE.................................................. 567,247 567,247
250 OTHER WEAPON SYSTEMS SUPPORT......................................... 12,571 12,571
270 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 70,041 70,041
280 BASE OPERATING SUPPORT............................................... 218,792 218,792
SUBTOTAL OPERATING FORCES............................................ 10,521,682 10,521,682
MOBILIZATION
320 EXPEDITIONARY HEALTH SERVICES SYSTEMS................................ 22,589 22,589
SUBTOTAL MOBILIZATION................................................ 22,589 22,589
TRAINING AND RECRUITING
370 SPECIALIZED SKILL TRAINING........................................... 53,204 53,204
SUBTOTAL TRAINING AND RECRUITING..................................... 53,204 53,204
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION....................................................... 9,983 9,983
460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................... 7,805 7,805
480 SERVICEWIDE TRANSPORTATION........................................... 72,097 72,097
510 ACQUISITION, LOGISTICS, AND OVERSIGHT................................ 11,354 11,354
520 INVESTIGATIVE AND SECURITY SERVICES.................................. 1,591 1,591
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 102,830 102,830
TOTAL OPERATION & MAINTENANCE, NAVY.................................. 10,700,305 10,700,305
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES................................................... 727,989 745,489
EDI: Globally Integrated Exercise 20-4/Austere Challenge 21.3.... [10,000]
EDI: Marine European training program............................ [7,500]
020 FIELD LOGISTICS...................................................... 195,001 195,001
030 DEPOT MAINTENANCE.................................................... 55,183 55,183
050 CYBERSPACE ACTIVITIES................................................ 10,000 10,000
070 BASE OPERATING SUPPORT............................................... 24,569 24,569
SUBTOTAL OPERATING FORCES............................................ 1,012,742 1,030,242
TRAINING AND RECRUITING
120 TRAINING SUPPORT..................................................... 28,458 28,458
SUBTOTAL TRAINING AND RECRUITING..................................... 28,458 28,458
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION........................................... 61,400 61,400
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 61,400 61,400
TOTAL OPERATION & MAINTENANCE, MARINE CORPS.......................... 1,102,600 1,120,100
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
020 INTERMEDIATE MAINTENANCE............................................. 522 522
030 AIRCRAFT DEPOT MAINTENANCE........................................... 11,861 11,861
080 COMBAT SUPPORT FORCES................................................ 9,109 9,109
SUBTOTAL OPERATING FORCES............................................ 21,492 21,492
TOTAL OPERATION & MAINTENANCE, NAVY RES.............................. 21,492 21,492
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES..................................................... 7,627 7,627
040 BASE OPERATING SUPPORT............................................... 1,080 1,080
SUBTOTAL OPERATING FORCES............................................ 8,707 8,707
TOTAL OPERATION & MAINTENANCE, MC RESERVE............................ 8,707 8,707
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES................................................ 125,551 125,551
020 COMBAT ENHANCEMENT FORCES............................................ 916,538 916,538
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS)....................... 93,970 93,970
040 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 3,528,059 3,528,059
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 147,264 147,264
060 CYBERSPACE SUSTAINMENT............................................... 10,842 10,842
070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 7,187,100 7,217,545
Transfer from base............................................... [30,445]
080 FLYING HOUR PROGRAM.................................................. 2,031,548 2,031,548
090 BASE SUPPORT......................................................... 1,540,444 1,540,444
100 GLOBAL C3I AND EARLY WARNING......................................... 13,709 13,709
110 OTHER COMBAT OPS SPT PROGRAMS........................................ 345,800 345,800
120 CYBERSPACE ACTIVITIES................................................ 17,936 17,936
130 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES.......................... 36,820 36,820
140 LAUNCH FACILITIES.................................................... 70 70
150 SPACE CONTROL SYSTEMS................................................ 1,450 1,450
160 US NORTHCOM/NORAD.................................................... 725 725
170 US STRATCOM.......................................................... 856 856
180 US CYBERCOM.......................................................... 35,189 35,189
190 US CENTCOM........................................................... 126,934 126,934
SUBTOTAL OPERATING FORCES............................................ 16,160,805 16,191,250
MOBILIZATION
240 AIRLIFT OPERATIONS................................................... 1,271,439 1,271,439
250 MOBILIZATION PREPAREDNESS............................................ 120,866 120,866
SUBTOTAL MOBILIZATION................................................ 1,392,305 1,392,305
TRAINING AND RECRUITING
260 OFFICER ACQUISITION.................................................. 200 200
270 RECRUIT TRAINING..................................................... 352 352
290 SPECIALIZED SKILL TRAINING........................................... 27,010 27,010
300 FLIGHT TRAINING...................................................... 844 844
310 PROFESSIONAL DEVELOPMENT EDUCATION................................... 1,199 1,199
320 TRAINING SUPPORT..................................................... 1,320 1,320
SUBTOTAL TRAINING AND RECRUITING..................................... 30,925 30,925
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS................................................. 164,701 164,701
390 TECHNICAL SUPPORT ACTIVITIES......................................... 11,782 11,782
400 ADMINISTRATION....................................................... 3,886 3,886
410 SERVICEWIDE COMMUNICATIONS........................................... 355 355
420 OTHER SERVICEWIDE ACTIVITIES......................................... 100,831 85,831
OSC-I transition to normalized security cooperation.............. [-15,000]
450 INTERNATIONAL SUPPORT................................................ 29,928 29,928
9999 CLASSIFIED PROGRAMS.................................................. 34,502 34,502
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 345,985 330,985
TOTAL OPERATION & MAINTENANCE, AIR FORCE............................. 17,930,020 17,945,465
OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
020 GLOBAL C3I & EARLY WARNING........................................... 227 227
030 SPACE LAUNCH OPERATIONS.............................................. 321 321
040 SPACE OPERATIONS..................................................... 15,135 15,135
070 DEPOT MAINTENANCE.................................................... 18,268 18,268
080 CONTRACTOR LOGISTICS & SYSTEM SUPPORT................................ 43,164 43,164
SUBTOTAL OPERATING FORCES............................................ 77,115 77,115
TOTAL OPERATION & MAINTENANCE, SPACE FORCE........................... 77,115 77,115
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 24,408 24,408
060 BASE SUPPORT......................................................... 5,682 5,682
SUBTOTAL OPERATING FORCES............................................ 30,090 30,090
TOTAL OPERATION & MAINTENANCE, AF RESERVE............................ 30,090 30,090
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS........................................... 3,739 3,739
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 61,862 61,862
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 97,108 97,108
060 BASE SUPPORT......................................................... 12,933 12,933
SUBTOTAL OPERATING FORCES............................................ 175,642 175,642
TOTAL OPERATION & MAINTENANCE, ANG................................... 175,642 175,642
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF................................................ 3,799 3,799
020 JOINT CHIEFS OF STAFF--CE2T2......................................... 6,634 6,634
040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES............. 898,024 898,024
060 SPECIAL OPERATIONS COMMAND INTELLIGENCE.............................. 1,244,553 1,244,553
070 SPECIAL OPERATIONS COMMAND MAINTENANCE............................... 354,951 381,951
Airborne ISR restoration......................................... [27,000]
090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT....................... 104,535 104,535
100 SPECIAL OPERATIONS COMMAND THEATER FORCES............................ 757,744 757,744
SUBTOTAL OPERATING FORCES............................................ 3,370,240 3,397,240
ADMIN & SRVWIDE ACTIVITIES
180 DEFENSE CONTRACT AUDIT AGENCY........................................ 1,247 1,247
210 DEFENSE CONTRACT MANAGEMENT AGENCY................................... 21,723 21,723
280 DEFENSE INFORMATION SYSTEMS AGENCY................................... 56,256 56,256
290 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER............................ 3,524 3,524
330 DEFENSE LEGAL SERVICES AGENCY........................................ 156,373 156,373
350 DEFENSE MEDIA ACTIVITY............................................... 3,555 3,555
370 DEFENSE SECURITY COOPERATION AGENCY.................................. 1,557,763 1,880,263
Transfer from CTEF for Iraq train and equip requirements......... [322,500]
410 DEFENSE THREAT REDUCTION AGENCY...................................... 297,486 297,486
490 OFFICE OF THE SECRETARY OF DEFENSE................................... 16,984 16,984
530 WASHINGTON HEADQUARTERS SERVICES..................................... 1,997 1,997
9999 CLASSIFIED PROGRAMS.................................................. 535,106 535,106
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 2,652,014 2,974,514
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE........................ 6,022,254 6,371,754
TOTAL OPERATION & MAINTENANCE........................................ 57,334,782 57,747,967
----------------------------------------------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Senate
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL
MILITARY PERSONNEL APPROPRIATIONS
MILITARY PERSONNEL APPROPRIATIONS..... 150,524,104 147,976,014
COVID related endstrength decreases... [-755,000]
Foreign currency adjustments, Air [-81,800]
Force................................
Foreign currency adjustments, Army.... [-44,400]
Foreign currency adjustments, Marine [-13,900]
Corps................................
Foreign currency adjustments, Navy.... [-41,300]
Military personnel historical [-1,611,690]
underexecution.......................
SUBTOTAL MILITARY PERSONNEL 150,524,104 147,976,014
APPROPRIATIONS.......................
MEDICARE-ELIGIBLE RETIREE HEALTH FUND
CONTRIBUTIONS
MEDICARE-ELIGIBLE RETIREE HEALTH FUND 8,372,741 8,372,741
CONTRIBUTIONS........................
SUBTOTAL MEDICARE-ELIGIBLE RETIREE 8,372,741 8,372,741
HEALTH FUND CONTRIBUTIONS............
TOTAL MILITARY PERSONNEL.............. 158,896,845 156,348,755
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Senate
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL
MILITARY PERSONNEL APPROPRIATIONS
MILITARY PERSONNEL APPROPRIATIONS..... 4,602,593 4,602,593
SUBTOTAL MILITARY PERSONNEL 4,602,593 4,602,593
APPROPRIATIONS.......................
TOTAL MILITARY PERSONNEL.............. 4,602,593 4,602,593
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Senate
Line Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND
WORKING CAPITAL FUND, ARMY
010 INDUSTRIAL OPERATIONS.......... 32,551 5,551
One-time COVID-related [-27,000]
carryover decrease.........
020 SUPPLY MANAGEMENT--ARMY........ 24,166 1,166
One-time COVID-related [-23,000]
carryover decrease.........
SUBTOTAL WORKING CAPITAL FUND, 56,717 6,717
ARMY..........................
WORKING CAPITAL FUND, AIR FORCE
020 SUPPLIES AND MATERIALS......... 95,712 5,712
Air Force cash corpus for [10,000]
energy optimization........
One-time COVID-related [-100,000]
carryover decrease.........
SUBTOTAL WORKING CAPITAL FUND, 191,424 101,424
AIR FORCE.....................
WORKING CAPITAL FUND, DEFENSE-
WIDE
020 SUPPLY CHAIN MANAGEMENT--DEF... 49,821 49,821
SUBTOTAL WORKING CAPITAL FUND, 49,821 49,821
DEFENSE-WIDE..................
WORKING CAPITAL FUND, DECA
010 WORKING CAPITAL FUND, DECA..... 1,146,660 1,146,660
SUBTOTAL WORKING CAPITAL FUND, 1,146,660 1,146,660
DECA..........................
TOTAL WORKING CAPITAL FUND..... 1,444,622 1,304,622
CHEM AGENTS & MUNITIONS
DESTRUCTION
OPERATION & MAINTENANCE
1 CHEM DEMILITARIZATION--O&M..... 106,691 106,691
SUBTOTAL OPERATION & 106,691 106,691
MAINTENANCE...................
RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION
2 CHEM DEMILITARIZATION--RDT&E... 782,193 782,193
SUBTOTAL RESEARCH, DEVELOPMENT, 782,193 782,193
TEST, AND EVALUATION..........
PROCUREMENT
3 CHEM DEMILITARIZATION--PROC.... 616 616
SUBTOTAL PROCUREMENT........... 616 616
TOTAL CHEM AGENTS & MUNITIONS 889,500 889,500
DESTRUCTION...................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTRDCTN
010 COUNTER-NARCOTICS SUPPORT...... 546,203 562,003
PDI: Joint Interagency Task [13,000]
Force--West Project 3309...
PDI: Joint Interagency Task [2,800]
Force--West Project 9202...
SUBTOTAL DRUG INTRDCTN......... 546,203 562,003
DRUG DEMAND REDUCTION PROGRAM
020 DRUG DEMAND REDUCTION PROGRAM.. 123,704 123,704
SUBTOTAL DRUG DEMAND REDUCTION 123,704 123,704
PROGRAM.......................
NATIONAL GUARD COUNTER-DRUG
PROGRAM
030 NATIONAL GUARD COUNTER-DRUG 94,211 94,211
PROGRAM.......................
SUBTOTAL NATIONAL GUARD COUNTER- 94,211 94,211
DRUG PROGRAM..................
NATIONAL GUARD COUNTER-DRUG
SCHOOLS
040 NATIONAL GUARD COUNTER-DRUG 5,511 5,511
SCHOOLS.......................
SUBTOTAL NATIONAL GUARD COUNTER- 5,511 5,511
DRUG SCHOOLS..................
TOTAL DRUG INTERDICTION & CTR- 769,629 785,429
DRUG ACTIVITIES, DEF..........
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL
010 OFFICE OF THE INSPECTOR GENERAL 368,279 368,279
030 OFFICE OF THE INSPECTOR 1,204 1,204
GENERAL--CYBER................
040 OFFICE OF THE INSPECTOR GENERAL 1,098 1,098
050 OFFICE OF THE INSPECTOR GENERAL 858 858
SUBTOTAL OFFICE OF THE 371,439 371,439
INSPECTOR GENERAL.............
TOTAL OFFICE OF THE INSPECTOR 371,439 371,439
GENERAL.......................
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
010 IN-HOUSE CARE.................. 9,560,564 9,560,564
020 PRIVATE SECTOR CARE............ 15,841,887 15,841,887
030 CONSOLIDATED HEALTH SUPPORT.... 1,338,269 1,338,269
040 INFORMATION MANAGEMENT......... 2,039,910 2,039,910
050 MANAGEMENT ACTIVITIES.......... 330,627 330,627
060 EDUCATION AND TRAINING......... 315,691 315,691
070 BASE OPERATIONS/COMMUNICATIONS. 1,922,605 1,927,605
National Disaster Medical [5,000]
System pilot program.......
SUBTOTAL OPERATION & 31,349,553 31,354,553
MAINTENANCE...................
RDT&E
080 R&D RESEARCH................... 8,913 8,913
090 R&D EXPLORATRY DEVELOPMENT..... 73,984 73,984
100 R&D ADVANCED DEVELOPMENT....... 225,602 225,602
110 R&D DEMONSTRATION/VALIDATION... 132,331 132,331
120 R&D ENGINEERING DEVELOPMENT.... 55,748 55,748
130 R&D MANAGEMENT AND SUPPORT..... 48,672 48,672
140 R&D CAPABILITIES ENHANCEMENT... 17,215 17,215
SUBTOTAL RDT&E................. 562,465 562,465
PROCUREMENT
150 PROC INITIAL OUTFITTING........ 22,932 22,932
160 PROC REPLACEMENT & 215,618 215,618
MODERNIZATION.................
170 PROC MILITARY HEALTH SYSTEM-- 70,872 70,872
DESKTOP TO DATACENTER.........
180 PROC DOD HEALTHCARE MANAGEMENT 308,504 308,504
SYSTEM MODERNIZATION..........
SUBTOTAL PROCUREMENT........... 617,926 617,926
SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
190 SOFTWARE & DIGITAL TECHNOLOGY 160,428 160,428
PILOT PROGRAMS................
SUBTOTAL SOFTWARE & DIGITAL 160,428 160,428
TECHNOLOGY PILOT PROGRAMS.....
TOTAL DEFENSE HEALTH PROGRAM... 32,690,372 32,695,372
TOTAL OTHER AUTHORIZATIONS..... 36,711,765 36,592,565
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 Senate
Line Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND
WORKING CAPITAL FUND, ARMY
020 SUPPLY MANAGEMENT--ARMY........ 20,090 20,090
SUBTOTAL WORKING CAPITAL FUND, 20,090 20,090
ARMY..........................
TOTAL WORKING CAPITAL FUND..... 20,090 20,090
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL
010 OFFICE OF THE INSPECTOR GENERAL 24,069 24,069
SUBTOTAL OFFICE OF THE 24,069 24,069
INSPECTOR GENERAL.............
TOTAL OFFICE OF THE INSPECTOR 24,069 24,069
GENERAL.......................
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
010 IN-HOUSE CARE.................. 65,072 65,072
020 PRIVATE SECTOR CARE............ 296,828 296,828
030 CONSOLIDATED HEALTH SUPPORT.... 3,198 3,198
SUBTOTAL OPERATION & 365,098 365,098
MAINTENANCE...................
TOTAL DEFENSE HEALTH PROGRAM... 365,098 365,098
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ........................... 645,000 322,500
Transfer traditional BPC [-322,500]
activities to DSCA.........
020 SYRIA.......................... 200,000 200,000
SUBTOTAL COUNTER ISIS TRAIN AND 845,000 522,500
EQUIP FUND (CTEF).............
TOTAL COUNTER ISIS TRAIN AND 845,000 522,500
EQUIP FUND (CTEF).............
TOTAL OTHER AUTHORIZATIONS..... 1,254,257 931,757
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2021 Senate
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
MILITARY CONSTRUCTION
ARMY
Alaska
Army Fort Wainwright Child Development Center. 0 55,000
Army Fort Wainwright Unaccompanied Enlisted 0 59,000
Personnel Housing.
Arizona
Army Yuma Proving Ground Ready Building........... 14,000 14,000
California
Army Military Ocean Ammunition Holding 0 46,000
Terminal Concord Facility.
Colorado
Army Fort Carson Physical Fitness Facility 28,000 28,000
Florida
Army JIATF-S Operations Planning & Design........ 0 8,000
Center
Georgia
Army Fort Gillem Forensic Laboratory...... 71,000 71,000
Army Fort Gordon Adv Individual Training 80,000 80,000
Barracks Cplx, Ph3.
Hawaii
Army Aliamanu Military Child Development Center-- 0 71,000
Reservation School Age.
Army Schofield Barracks Child Development Center. 0 39,000
Army Wheeler Army Air Field Aircraft Maintenance 89,000 89,000
Hangar.
Italy
Army Casmera Renato Dal Din Access Control Point..... 0 10,200
Louisiana
Army Fort Polk Information Systems 25,000 25,000
Facility.
Oklahoma
Army McAlester AAP Ammunition Demolition 35,000 35,000
Shop.
Pennsylvania
Army Carlisle Barracks General Instruction 38,000 8,000
Building (Inc 2).
South Carolina
Army Fort Jackson Trainee Barracks Complex 0 7,000
3, Ph2.
Virginia
Army Humphreys Engineer Training Support Facility 51,000 51,000
Center
Worldwide Unspecified
Army Unspecified Worldwide Planning and Design...... 129,436 59,436
Locations
Army Unspecified Worldwide Host Nation Support...... 39,000 39,000
Locations
Army Unspecified Worldwide Unspecified Minor 50,900 74,900
Locations Construction.
........................
SUBTOTAL ARMY 650,336 869,536
......................
NAVY
Bahrain Island
Navy SW Asia Ship to Shore Utility 68,340 68,340
Services.
California
Navy Camp Pendleton Combat Water Survival 0 25,200
Training Facility.
Navy Camp Pendleton Warehouse Consolidation 0 21,800
and Modernization.
Navy Camp Pendleton I MEF Consolidated 37,000 37,000
Information Center (INC).
Navy Camp Pendleton 1st MARDIV Operations 68,530 68,530
Complex.
Navy Lemoore F-35C Simulator Facility 59,150 59,150
& Electrical Upgrade.
Navy Lemoore F-35C Hangar 6 Phase 2 128,070 53,000
(Mod 3/4).
Navy Point Mugu Directed Energy Test 0 26,700
Facility.
Navy Port Hueneme Combat Vehicle 0 43,500
Maintenance Facilities.
Navy San Diego Pier 6 Replacement....... 128,500 63,500
Navy Seal Beach Magazines................ 0 46,800
Navy Twentynine Palms Wastewater Treatment 76,500 76,500
Plant.
Greece
Navy Souda Bay Communication Center..... 50,180 50,180
Guam
Navy Andersen Air Force Ordnance Operations Admin 21,280 21,280
Base
Navy Joint Region Marianas DAR Road Strengthening... 70,760 70,760
Navy Joint Region Marianas DAR Bridge Improvements.. 40,180 40,180
Navy Joint Region Marianas Central Fuel Station..... 35,950 17,950
Navy Joint Region Marianas Distribution Warehouse... 77,930 77,930
Navy Joint Region Marianas Combined EOD Facility.... 37,600 37,600
Navy Joint Region Marianas Bachelor Enlisted 80,000 10,000
Quarters (Inc).
Navy Joint Region Marianas Joint Communication 166,000 26,000
Upgrade.
Navy Joint Region Marianas Base Warehouse........... 55,410 55,410
Navy Joint Region Marianas Individual Combat Skills 17,430 17,430
Training.
Navy Joint Region Marianas Central Issue Facility... 45,290 45,290
Hawaii
Navy Joint Base Pearl Waterfront Improvements 65,910 65,910
Harbor-Hickam Wharves S8-S10.
Navy Joint Base Pearl Waterfront Improve, 48,990 48,990
Harbor-Hickam Wharves S1,S11-13,S20-21.
Honduras
Navy Comalapa Long Range Maritime 0 28,000
Patrol Aircraft Hangar
and Ramp.
Japan
Navy Yokosuka Pier 5 (Berths 2 and 3) 74,692 44,692
(Inc).
Maine
Navy Kittery Multi-Mission Drydock #1 160,000 160,000
Exten., Ph 1 (Inc).
Navy NCTAMS LANT Detachment Perimeter Security....... 0 26,100
Cutler
Nevada
Navy Fallon Range Training Complex, 29,040 29,040
Phase 1.
North Carolina
Navy Camp Lejeune II MEF Operations Center 20,000 20,000
Replacement (Inc).
Navy Cherry Point Fitness Center 0 51,900
Replacement and Training
Pool.
Spain
Navy Rota MH-60R Squadron Support 60,110 60,110
Facilities.
Virginia
Navy Norfolk Sub Logistics Support.... 0 9,400
Navy Norfolk MH60 & CMV-22B Corrosion 17,671 17,671
Control & Paint Facility.
Navy Norfolk E-2D Training Facility... 30,400 30,400
Worldwide Unspecified
Navy Unspecified Worldwide Unspecified Minor 38,983 38,983
Locations Construction.
Navy Unspecified Worldwide Planning & Design........ 165,710 165,710
Locations
........................
SUBTOTAL NAVY 1,975,606 1,856,936
......................
AIR FORCE
Colorado
Air Force Schriever Air Force Consolidated Space 88,000 88,000
Base Operations Facility,
(Inc 2).
Air Force United States Air Cadet Preparatory School 0 49,000
Force Academy Dormitory.
Guam
Air Force Joint Region Marianas Stand Off Weapons 56,000 56,000
Complex, MSA 2.
Mariana Islands
Air Force Tinian Fuel Tanks With Pipeline 7,000 7,000
& Hydrant Sys, (Inc 2).
Air Force Tinian Airfield Development 20,000 20,000
Phase 1, (Inc 2).
Air Force Tinian Parking Apron, (Inc 2)... 15,000 15,000
Montana
Air Force Malmstrom Air Force Weapons Storage & 25,000 25,000
Base Maintenance Facility,
(Inc 2).
New Jersey
Air Force Joint Base McGuire-Dix- Munitions Storage Area... 22,000 22,000
Lakehurst
Qatar
Air Force Al Udeid Cargo Marshalling Yard... 26,000 26,000
South Dakota
Air Force Ellsworth Air Force B-21 2-Bay LO Restoration 0 10,000
Base Facility.
Texas
Air Force Joint Base San Antonio BMT Recruit Dormitory 8, 36,000 36,000
(Inc 2).
Air Force Joint Base San Antonio T-X ADAL Ground Based 19,500 19,500
Trng Sys Sim.
Utah
Air Force Hill Air Force Base GBSD Organic Software 0 20,000
Sustainment Center.
Air Force Hill Air Force Base GBSD Mission Integration 68,000 68,000
Facility, (Inc 2).
Virginia
Air Force Joint Base Langley- Access Control Point Main 19,500 19,500
Eustis Gate With Land Acq.
Worldwide Unspecified
Air Force Unspecified Worldwide Cost to Complete......... 0 29,422
Locations
Air Force Unspecified Worldwide Planning & Design........ 296,532 116,532
Locations
Air Force Unspecified Worldwide Unspecified Minor 68,600 68,600
Locations Construction.
........................
SUBTOTAL AIR FORCE 767,132 695,554
......................
DEFENSE-WIDE
Alabama
Defense-Wide Anniston Army Depot Demilitarization Facility 18,000 18,000
Alaska
Defense-Wide Fort Greely Communications Center.... 48,000 48,000
Albama
Defense-Wide Fort Rucker Construct 10mw Generation 0 24,000
& Microgrid.
Arizona
Defense-Wide Fort Huachuca Laboratory Building...... 33,728 33,728
Defense-Wide Yuma SOF Hangar............... 49,500 49,500
Arkansas
Defense-Wide Fort Smith Air PV Arrays and Battery 0 2,600
National Guard Base Storage.
California
Defense-Wide Beale Air Force Base Bulk Fuel Tank........... 22,800 22,800
Colorado
Defense-Wide Fort Carson SOF Tactical Equipment 15,600 15,600
Maintenance Facility.
CONUS Unspecified
Defense-Wide CONUS Unspecified Training Target Structure 14,400 14,400
Florida
Defense-Wide Hurlburt Field SOF Special Tactics Ops 44,810 44,810
Facility (23 STS).
Defense-Wide Hurlburt Field SOF Combat Aircraft 38,310 38,310
Parking Apron-North.
Georgia
Defense-Wide Fort Benning Construct 4.8mw 0 17,000
Generation & Microgrid.
Germany
Defense-Wide Rhine Ordnance Medical Center 200,000 0
Barracks Replacement (Inc 9).
Japan
Defense-Wide Def Fuel Support Point Fuel Wharf............... 49,500 49,500
Tsurumi
Defense-Wide Yokosuka Kinnick High School (Inc) 30,000 0
Kentucky
Defense-Wide Fort Knox Van Voorhis Elementary 69,310 69,310
School.
Maryland
Defense-Wide Bethesda Naval MEDCEN Addition/ 180,000 50,000
Hospital Alteration (Inc 4).
Defense-Wide Fort Meade NSAW Recapitalize 250,000 250,000
Building #3 (Inc).
Mississippi
Defense-Wide MTA Camp Shelby Construct 10mw Generation 0 30,000
Plant and Microgrid
System.
Missouri
Defense-Wide Fort Leonard Wood Hospital Replacement (Inc 40,000 40,000
3).
Defense-Wide St Louis Next NGA West (N2W) 119,000 60,000
Complex Phase 2 (Inc).
New Mexico
Defense-Wide Kirtland Air Force Administrative Building.. 46,600 46,600
Base
North Carolina
Defense-Wide Fort Bragg SOTF Chilled Water 0 6,100
Upgrade.
Defense-Wide Fort Bragg SOF Military Working Dog 17,700 17,700
Facility.
Defense-Wide Fort Bragg SOF Group Headquarters... 53,100 53,100
Defense-Wide Fort Bragg SOF Operations Facility.. 43,000 43,000
Ohio
Defense-Wide Wright-Patterson Air Intelligence Facility 0 35,000
Force Base Central Utility Plant.
Defense-Wide Wright-Patterson Air Hydrant Fuel System...... 23,500 23,500
Force Base
Tennessee
Defense-Wide Memphis International PV Arrays and Battery 0 4,780
Airport Storage.
Texas
Defense-Wide Fort Hood Fuel Facilities.......... 32,700 32,700
Virginia
Defense-Wide Joint Expeditionary SOF DCS Operations Fac. 54,500 54,500
Base Little Creek-- and Command Center.
Story
Defense-Wide Joint Expeditionary SOF NSWG-2 NSWTG CSS 58,000 58,000
Base Little Creek-- Facilities.
Story
Washington
Defense-Wide Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900
McChord North).
Defense-Wide Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900
McChord Main).
Defense-Wide Manchester Bulk Fuel Storage Tanks 82,000 82,000
Phase 1.
Washington DC
Defense-Wide Joint Base Anacostia- DIA HQ Cooling Towers and 0 1,963
Bolling Cond Pumps.
Defense-Wide Joint Base Anacostia- Industrial Controls 0 8,749
Bolling System Modernization.
Defense-Wide Joint Base Anacostia- PV Carports.............. 0 25,221
Bolling
Worldwide Unspecified
Defense-Wide Unspecified Worldwide Unspecified Minor 8,000 8,000
Locations Construction.
Defense-Wide Unspecified Worldwide Planning and Design...... 27,746 27,746
Locations
Defense-Wide Unspecified Worldwide Unspecified Minor 4,922 4,922
Locations Construction.
Defense-Wide Unspecified Worldwide Unspecified Minor 17,698 17,698
Locations Construction.
Defense-Wide Unspecified Worldwide Unspecified Minor 20,000 20,000
Locations Construction.
Defense-Wide Unspecified Worldwide Energy Resilience and 142,500 142,500
Locations Conserv. Invest. Prog..
Defense-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Defense-Wide Unspecified Worldwide Planning and Design...... 10,647 10,647
Locations
Defense-Wide Unspecified Worldwide ERCIP Design............. 14,250 14,250
Locations
Defense-Wide Unspecified Worldwide Planning and Design...... 10,303 10,303
Locations
Defense-Wide Unspecified Worldwide Exercise Related Minor 5,840 5,840
Locations Construction.
Defense-Wide Various Worldwide Planning and Design...... 32,624 32,624
Locations
Defense-Wide Various Worldwide Unspecified Minor 9,726 9,726
Locations Construction.
Defense-Wide Various Worldwide Planning and Design...... 64,406 64,406
Locations
Worlwide Unspecified
Defense-Wide Unspecified Worldwide Planning & Design-- 0 50,000
Locations Military Installation
Resiliency.
Defense-Wide Unspecified Worldwide Planning & Design-- 0 15,000
Locations Pacific Deterrence
Initiative.
........................
SUBTOTAL DEFENSE-WIDE 2,027,520 1,828,933
......................
ARMY NATIONAL GUARD
Arizona
Army National Guard Tucson National Guard Readiness 18,100 18,100
Center.
Arkansas
Army National Guard Fort Chaffee National Guard Readiness 0 15,000
Center.
California
Army National Guard Bakersfield National Guard Vehicle 0 9,300
Maintenance Shop.
Colorado
Army National Guard Peterson Air Force National Guard Readiness 15,000 15,000
Base Center.
Indiana
Army National Guard Shelbyville National Guard/Reserve 12,000 12,000
Center Building Add/Al.
Kentucky
Army National Guard Frankfort National Guard/Reserve 15,000 15,000
Center Building.
Mississippi
Army National Guard Brandon National Guard Vehicle 10,400 10,400
Maintenance Shop.
Nebraska
Army National Guard North Platte National Guard Vehicle 9,300 9,300
Maintenance Shop.
New Jersey
Army National Guard Joint Base McGuire-Dix- National Guard Readiness 15,000 15,000
Lakehurst Center.
Ohio
Army National Guard Columbus National Guard Readiness 15,000 15,000
Center.
Oklahoma
Army National Guard Ardmore National Guard Vehicle 0 9,800
Maintenance Shop.
Oregon
Army National Guard Hermiston Enlisted Barracks, 0 15,735
Transient Training.
Army National Guard Hermiston Enlisted Barracks, 9,300 9,300
Transient Training.
Puerto Rico
Army National Guard Fort Allen National Guard Readiness 37,000 37,000
Center.
South Carolina
Army National Guard Joint Base Charleston National Guard Readiness 15,000 15,000
Center.
Tennessee
Army National Guard Mcminnville National Guard Readiness 11,200 11,200
Center.
Texas
Army National Guard Fort Worth National Guard Vehicle 7,800 7,800
Maintenance Shop.
Army National Guard Fort Worth Aircraft Maintenance 6,000 6,000
Hangar Addition/Alt.
Utah
Army National Guard Nephi National Guard Readiness 12,000 12,000
Center.
Virgin Islands
Army National Guard St. Croix Army Aviation Support 28,000 28,000
Facility (AASF).
Army National Guard St. Croix CST Ready Building....... 11,400 11,400
Wisconsin
Army National Guard Appleton National Guard Readiness 11,600 11,600
Center Add/Alt.
Worldwide Unspecified
Army National Guard Unspecified Worldwide Unspecified Minor 32,744 32,744
Locations Construction.
Army National Guard Unspecified Worldwide Planning and Design...... 29,593 29,593
Locations
........................
SUBTOTAL ARMY NATIONAL GUARD 321,437 371,272
......................
AIR NATIONAL GUARD
Alabama
Air National Guard Montgomery Regional Base Supply Complex...... 0 12,000
Airport
Air National Guard Montgomery Regional F-35 Simulator Facility.. 11,600 11,600
Airport
Guam
Air National Guard Joint Region Marianas Space Control Facility #5 20,000 20,000
Maryland
Air National Guard Joint Base Andrews F-16 Mission Training 9,400 9,400
Center.
North Dakota
Air National Guard Hector International Consolidated RPA 0 17,500
Airport Operations Facility.
Texas
Air National Guard Joint Base San Antonio F-16 Mission Training 10,800 10,800
Center.
Worldwide Unspecified
Air National Guard Unspecified Worldwide Unspecified Minor 9,000 9,000
Locations Construction.
Air National Guard Various Worldwide Planning and Design...... 3,414 3,414
Locations
........................
SUBTOTAL AIR NATIONAL GUARD 64,214 93,714
......................
ARMY RESERVE
Florida
Army Reserve Gainesville ECS TEMF/Warehouse....... 36,000 36,000
Massachusetts
Army Reserve Devens Reserve Forces Automated Multipurpose 8,700 8,700
Training Area Machine Gun Range.
North Carolina
Army Reserve Asheville Army Reserve Center/Land. 24,000 24,000
Wisconsin
Army Reserve Fort McCoy Transient Training 0 2,500
Barracks.
Army Reserve Fort McCoy Scout Reconnaissance 14,600 14,600
Range.
Worldwide Unspecified
Army Reserve Unspecified Worldwide Unspecified Minor 3,819 3,819
Locations Construction.
Army Reserve Unspecified Worldwide Planning and Design...... 1,218 1,218
Locations
........................
SUBTOTAL ARMY RESERVE 88,337 90,837
......................
NAVY RESERVE
Maryland
Navy Reserve Reisterstown Reserve Training Center, 39,500 39,500
Camp Fretterd, MD.
Minnesota
Navy Reserve NOSC Minneapolis Joint Reserve Intel 0 12,800
Center.
Utah
Navy Reserve Hill Air Force Base Naval Operational Support 25,010 25,010
Center.
Worldwide Unspecified
Navy Reserve Unspecified Worldwide MCNR Planning & Design... 3,485 3,485
Locations
Navy Reserve Unspecified Worldwide MCNR Minor Construction.. 3,000 3,000
Locations
........................
SUBTOTAL NAVY RESERVE 70,995 83,795
......................
AIR FORCE RESERVE
Texas
Air Force Reserve Fort Worth F-35 Squadron Ops / 0 25,000
Aircraft Maintenance
Unit.
Air Force Reserve Fort Worth F-35A Simulator Facility. 14,200 14,200
Worldwide Unspecified
Air Force Reserve Unspecified Worldwide Planning & Design........ 3,270 3,270
Locations
Air Force Reserve Unspecified Worldwide Unspecified Minor 5,647 5,647
Locations Construction.
........................
SUBTOTAL AIR FORCE RESERVE 23,117 48,117
......................
NATO SECURITY INVESTMENT PROGRAM
Worldwide Unspecified
NATO Security Investment NATO Security NATO Security Investment 173,030 173,030
Program Investment Program Program.
........................
SUBTOTAL NATO SECURITY INVESTMENT PROGRAM 173,030 173,030
......................
TOTAL MILITARY CONSTRUCTION 6,161,724 6,111,724
......................
FAMILY HOUSING
CONSTRUCTION, ARMY
Italy
Construction, Army Vicenza Family Housing New 84,100 84,100
Construction.
Kwajalein
Construction, Army Kwajalein Atoll Family Housing 32,000 32,000
Replacement Construction.
Worldwide Unspecified
Construction, Army Unspecified Worldwide Family Housing P & D..... 3,300 3,300
Locations
........................
SUBTOTAL CONSTRUCTION, ARMY 119,400 119,400
......................
O&M, ARMY
Worldwide Unspecified
O&M, Army Unspecified Worldwide Management............... 39,716 39,716
Locations
O&M, Army Unspecified Worldwide Services................. 8,135 8,135
Locations
O&M, Army Unspecified Worldwide Furnishings.............. 18,004 18,004
Locations
O&M, Army Unspecified Worldwide Miscellaneous............ 526 526
Locations
O&M, Army Unspecified Worldwide Maintenance.............. 97,789 70,789
Locations
O&M, Army Unspecified Worldwide Utilities................ 41,183 41,183
Locations
O&M, Army Unspecified Worldwide Leasing.................. 123,841 123,841
Locations
O&M, Army Unspecified Worldwide Housing Privitization 37,948 64,948
Locations Support.
........................
SUBTOTAL O&M, ARMY 367,142 367,142
......................
CONSTRUCTION, NAVY AND MARINE CORPS
Worldwide Unspecified
Construction, Navy and Unspecified Worldwide USMC DPRI/Guam Planning 2,726 2,726
Marine Corps Locations and Design.
Construction, Navy and Unspecified Worldwide Construction Improvements 37,043 37,043
Marine Corps Locations
Construction, Navy and Unspecified Worldwide Planning & Design........ 3,128 3,128
Marine Corps Locations
........................
SUBTOTAL CONSTRUCTION, NAVY AND MARINE CORPS 42,897 42,897
......................
O&M, NAVY AND MARINE CORPS
Worldwide Unspecified
O&M, Navy and Marine Corps Unspecified Worldwide Utilities................ 58,429 58,429
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Furnishings.............. 17,977 17,977
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Management............... 51,006 51,006
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Miscellaneous............ 350 350
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Services................. 16,743 16,743
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Leasing.................. 62,658 62,658
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Maintenance.............. 85,630 85,630
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Housing Privatization 53,700 78,700
Locations Support.
........................
SUBTOTAL O&M, NAVY AND MARINE CORPS 346,493 371,493
......................
CONSTRUCTION, AIR FORCE
Worldwide Unspecified
Construction, Air Force Unspecified Worldwide Construction Improvements 94,245 94,245
Locations
Construction, Air Force Unspecified Worldwide Planning & Design........ 2,969 2,969
Locations
........................
SUBTOTAL CONSTRUCTION, AIR FORCE 97,214 97,214
......................
O&M, AIR FORCE
Worldwide Unspecified
O&M, Air Force Unspecified Worldwide Housing Privatization.... 23,175 48,175
Locations
O&M, Air Force Unspecified Worldwide Utilities................ 43,173 43,173
Locations
O&M, Air Force Unspecified Worldwide Management............... 64,732 64,732
Locations
O&M, Air Force Unspecified Worldwide Services................. 7,968 7,968
Locations
O&M, Air Force Unspecified Worldwide Furnishings.............. 25,805 25,805
Locations
O&M, Air Force Unspecified Worldwide Miscellaneous............ 2,184 2,184
Locations
O&M, Air Force Unspecified Worldwide Leasing.................. 9,318 9,318
Locations
O&M, Air Force Unspecified Worldwide Maintenance.............. 140,666 140,666
Locations
........................
SUBTOTAL O&M, AIR FORCE 317,021 342,021
......................
O&M, DEFENSE-WIDE
Worldwide Unspecified
O&M, Defense-Wide Unspecified Worldwide Utilities................ 4,100 4,100
Locations
O&M, Defense-Wide Unspecified Worldwide Furnishings.............. 82 82
Locations
O&M, Defense-Wide Unspecified Worldwide Utilities................ 13 13
Locations
O&M, Defense-Wide Unspecified Worldwide Leasing.................. 12,996 12,996
Locations
O&M, Defense-Wide Unspecified Worldwide Maintenance.............. 32 32
Locations
O&M, Defense-Wide Unspecified Worldwide Furnishings.............. 645 645
Locations
O&M, Defense-Wide Unspecified Worldwide Leasing.................. 36,860 36,860
Locations
........................
SUBTOTAL O&M, DEFENSE-WIDE 54,728 54,728
......................
IMPROVEMENT FUND
Worldwide Unspecified
Improvement Fund Unspecified Worldwide Administrative Expenses-- 5,897 5,897
Locations FHIF.
........................
SUBTOTAL IMPROVEMENT FUND 5,897 5,897
......................
UNACCMP HSG IMPROVEMENT FUND
Worldwide Unspecified
Unaccmp HSG Improvement Unspecified Worldwide Administrative Expenses-- 600 600
Fund Locations UHIF.
........................
SUBTOTAL UNACCMP HSG IMPROVEMENT FUND 600 600
......................
TOTAL FAMILY HOUSING 1,351,392 1,401,392
......................
DEFENSE BASE REALIGNMENT AND CLOSURE
ARMY BRAC
Worldwide Unspecified
Army BRAC Base Realignment & Base Realignment and 66,060 66,060
Closure, Army Closure.
........................
SUBTOTAL ARMY BRAC 66,060 66,060
......................
NAVY BRAC
Worldwide Unspecified
Navy BRAC Unspecified Worldwide Base Realignment & 125,165 125,165
Locations Closure.
........................
SUBTOTAL NAVY BRAC 125,165 125,165
......................
AIR FORCE BRAC
Worldwide Unspecified
Air Force BRAC Unspecified Worldwide Dod BRAC Activities--Air 109,222 109,222
Locations Force.
........................
SUBTOTAL AIR FORCE BRAC 109,222 109,222
......................
TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE 300,447 300,447
......................
TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 7,813,563 7,813,563
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State or Country and FY 2021 Senate
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
MILITARY CONSTRUCTION
ARMY
Worldwide Unspecified
Army Unspecified Worldwide EDI: Planning and Design.. 11,903 11,903
Locations
Army Unspecified Worldwide EDI: Minor Construction... 3,970 3,970
Locations
.........................
SUBTOTAL ARMY 15,873 15,873
.......................
NAVY
Spain
Navy Rota EDI: Expeditionary 27,470 27,470
Maintenance Facility.
Navy Rota EDI: EOD Boat Shop........ 31,760 31,760
Worldwide Unspecified
Navy Unspecified Worldwide Planning & Design......... 10,790 10,790
Locations
.........................
SUBTOTAL NAVY 70,020 70,020
.......................
AIR FORCE
Germany
Air Force Ramstein EDI: Rapid Airfield Damage 36,345 36,345
Repair Storage.
Air Force Spangdahlem AB EDI: Rapid Airfield Damage 25,824 25,824
Repair Storage.
Romania
Air Force Campia Turzii EDI: Dangerous Cargo Pad.. 11,000 11,000
Air Force Campia Turzii EDI: POL Increase Capacity 32,000 32,000
Air Force Campia Turzii EDI: ECAOS DABS-FEV 68,000 68,000
Storage Complex.
Air Force Campia Turzii EDI: Parking Apron........ 19,500 19,500
Worldwide Unspecified
Air Force Unspecified Worldwide EDI: Unspecified Minor 16,400 16,400
Locations Military Construction.
Air Force Various Worldwide EDI: Planning & Design.... 54,800 54,800
Locations
.........................
SUBTOTAL AIR FORCE 263,869 263,869
.......................
TOTAL MILITARY CONSTRUCTION 349,762 349,762
.......................
TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 349,762 349,762
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2021 Senate
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary by Appropriation
Energy and Water Development and Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear energy...................... 137,800 137,800
Atomic Energy Defense Activities
National Nuclear Security
Administration:
Federal Salaries and Expenses..... 454,000 454,000
Weapons activities................ 15,602,000 15,602,000
Defense nuclear nonproliferation.. 2,031,000 2,031,000
Naval reactors.................... 1,684,000 1,684,000
Total, National Nuclear Security 19,771,000 19,771,000
Administration.........................
Defense environmental cleanup....... 4,983,608 5,083,608
Other defense activities............ 1,054,727 904,727
Total, Atomic Energy Defense Activities. 25,809,335 25,759,335
Total, Discretionary Funding............ 25,947,135 25,897,135
Nuclear Energy
Idaho sitewide safeguards and security.. 137,800 137,800
Total, Nuclear Energy................... 137,800 137,800
National Nuclear Security Administration
Federal Salaries and Expenses
Program direction....................... 454,000 454,000
Weapons Activities
Stockpile management
Stockpile major modernization
B61 Life extension program.......... 815,710 815,710
W76 Life extension program.......... 0 0
W76-2 Modification program.......... 0 0
W88 Alteration program.............. 256,922 256,922
W80-4 Life extension program........ 1,000,314 1,000,314
W87-1 Modification Program (formerly 541,000 541,000
IW1)...............................
W93................................. 53,000 53,000
Total, Stockpile major modernization.... 2,666,946 2,666,946
Stockpile sustainment................. 998,357 998,357
Weapons dismantlement and disposition. 50,000 50,000
Production operations................. 568,941 568,941
Total, Stockpile management............. 4,284,244 4,284,244
Production modernization
Primary capability modernization
Plutonium modernization
Los Alamos plutonium modernization
Los Alamos Plutonium Operations. 610,599 610,599
21-D-512, Plutonium Pit 226,000 226,000
Production Project, LANL.......
Subtotal, Los Alamos plutonium 836,599 836,599
modernization..........................
Savannah River plutonium modernization
Savannah River plutonium 200,000 200,000
operations.....................
21-D-511, Savannah River 241,896 241,896
Plutonium Processing Facility,
SRS............................
Subtotal, Savannah River plutonium 441,896 441,896
modernization..........................
Enterprise Plutonium Support...... 90,782 90,782
Total, Plutonium Modernization.......... 1,369,277 1,369,277
High Explosives & Energetics........ 67,370 67,370
Total, Primary capability modernization. 1,436,647 1,436,647
Secondary Capability Modernization.... 457,004 457,004
Tritium and Domestic Uranium 457,112 457,112
Enrichment...........................
Non-Nuclear Capability Modernization.. 107,137 107,137
Total, Production modernization......... 2,457,900 2,457,900
Stockpile research, technology, and
engineering
Assessment science.................... 773,111 773,111
Engineering and integrated assessments 337,404 337,404
Intertial confinement fusion.......... 554,725 554,725
Advanced simulation and computing..... 732,014 732,014
Weapon technology and manufacturing 297,965 297,965
maturation...........................
Academic programs..................... 86,912 86,912
Total, Stockpile research, technology, 2,782,131 2,782,131
and engineering........................
Infrastructure and operations
Operating
Operations of facilities............ 1,014,000 1,014,000
Safety and Environmental Operations. 165,354 165,354
Maintenance and Repair of Facilities 792,000 792,000
Recapitalization
Infrastructure and Safety......... 670,000 670,000
Capabilities Based Investments.... 149,117 149,117
Planning for Programmatic 84,787 84,787
Construction (Pre-CD-1)..........
Subtotal, Recapitalization.............. 903,904 903,904
Total, Operating........................ 2,875,258 2,875,258
I&O: Construction
Programmatic
21-D-510, HE Synthesis, 31,000 31,000
Formulation, and Production
Facility, PX.....................
18-D-690, Lithium Processing 109,405 109,405
Facility, Y-12...................
18-D-650, Tritium Finishing 27,000 27,000
Facility, SRS....................
18-D-620, Exascale Computing 29,200 29,200
Facility Modernization Project,
LLNL.............................
17-D-640, U1a Complex Enhancements 160,600 160,600
Project, NNSS....................
15-D-302, TA-55 Reinvestment 30,000 30,000
Project--Phase 3, LANL...........
15-D-301, HE Science & Engineering 43,000 43,000
Facility, PX.....................
07-D-220-04, Transuranic Liquid 36,687 36,687
Waste Facility, LANL.............
06-D-141, Uranium Processing 750,000 750,000
Facility, Y-12...................
04-D-125, Chemistry and Metallurgy 169,427 169,427
Research Replacement Project,
LANL.............................
Total, Programmatic..................... 1,386,319 1,386,319
Mission enabling
19-D-670, 138kV Power Transmission 59,000 59,000
System Replacement, NNSS.........
15-D-612, Emergency Operations 27,000 27,000
Center, LLNL.....................
15-D-611, Emergency Operations 36,000 36,000
Center, SNL......................
Total, Mission enabling................. 122,000 122,000
Total, I&O construction................. 1,508,319 1,508,319
Total, Infrastructure and operations.... 4,383,577 4,383,577
Secure transportation asset
Operations and equipment.............. 266,390 266,390
Program direction..................... 123,684 123,684
Total, Secure transportation asset...... 390,074 390,074
Defense nuclear security
Operations and maintenance............ 815,895 815,895
Security improvements program......... 0 0
Construction:
17-D-710, West end protected area 11,000 11,000
reduction project, Y-12............
Subtotal, construction.................. 11,000 11,000
Total, Defense nuclear security......... 826,895 826,895
Information technology and cybersecurity 375,511 375,511
Legacy contractor pensions.............. 101,668 101,668
Total, Weapons activities............... 16,056,000 16,056,000
Adjustments
Use of prior year balances............ 0 0
Total, Adjustments...................... 0 0
Total, Weapons Activities............... 15,602,000 15,602,000
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation
Programs
Material management and minimization
Conversion (formerly HEU Reactor 170,000 170,000
Conversion)........................
Nuclear material removal............ 40,000 40,000
Material disposition................ 190,711 190,711
Laboratory and partnership support.. 0 0
Total, Material management & 400,711 400,711
minimization...........................
Global material security.............. 0
International nuclear security...... 66,391 66,391
Domestic radiological security...... 101,000 101,000
International radiological security. 73,340 73,340
Nuclear smuggling detection and 159,749 159,749
deterrence.........................
Total, Global material security......... 400,480 400,480
Nonproliferation and arms control..... 138,708 138,708
National Technical Nuclear Forensics 40,000 40,000
R&D..................................
Defense nuclear nonproliferation R&D
Proliferation detection............. 235,220 235,220
Nonproliferation Stewardship 59,900 59,900
program..........................
Nuclear detonation detection........ 236,531 236,531
Nonproliferation fuels development.. 0 0
Total, Defense Nuclear Nonproliferation 531,651 531,651
R&D....................................
Nonproliferation construction
U. S. Construction:
18-D-150 Surplus Plutonium 148,589 148,589
Disposition Project..............
99-D-143, Mixed Oxide (MOX) Fuel 0 0
Fabrication Facility, SRS........
Total, U. S. Construction:.............. 148,589 148,589
Total, Nonproliferation construction.... 148,589 148,589
Total, Defense Nuclear Nonproliferation 1,660,139 1,660,139
Programs...............................
Legacy contractor pensions.............. 14,348 14,348
Nuclear counterterrorism and incident
response program
Emergency Operations.................. 36,000 36,000
Counterterrorism and 341,513 341,513
Counterproliferation.................
Total, Nuclear counterterrorism and 377,513 377,513
incident response program..............
Subtotal, Defense Nuclear 2,052,000 2,052,000
Nonproliferation.......................
Adjustments
Use of prior year balances............ -21,000 -21,000
Total, Adjustments...................... -21,000 -21,000
Total, Defense Nuclear Nonproliferation. 2,031,000 2,031,000
Naval Reactors
Naval reactors development.............. 590,306 590,306
Columbia-Class reactor systems 64,700 64,700
development............................
S8G Prototype refueling................. 135,000 135,000
Naval reactors operations and 506,294 506,294
infrastructure.........................
Program direction....................... 53,700 53,700
Construction:
21-D-530 KL Steam and Condensate 4,000 4,000
Upgrades.............................
14-D-901, Spent fuel handling 330,000 330,000
recapitalization project, NRF........
Total, Construction..................... 334,000 334,000
Transfer to NE--Advanced Test Reactor 0 0
(non-add)..............................
Total, Naval Reactors................... 1,684,000 1,684,000
TOTAL, National Nuclear Security 19,771,000 19,771,000
Administration.........................
Defense Environmental Cleanup
Closure sites administration.......... 4,987 4,987
Richland:
River corridor and other cleanup 54,949 54,949
operations...........................
Central plateau remediation........... 498,335 498,335
Richland community and regulatory 2,500 2,500
support..............................
18-D-404 Modification of Waste 0 0
Encapsulation and Storage Facility...
Total, Richland......................... 555,784 555,784
Office of River Protection:
Waste Treatment Immobilization Plant 50,000 50,000
Commissioning........................
Rad liquid tank waste stabilization 597,757 597,757
and disposition......................
Construction:
18-D-16 Waste treatment and 609,924 609,924
immobilization plant--LBL/Direct
feed LAW.........................
15-D-409 Low activity waste 0 0
pretreatment system, ORP.........
01-D-16 D, High-level waste 0 0
facility.........................
01-D-16 E, Pretreatment Facility.. 0 0
Total, Construction..................... 609,924 609,924
ORP Low-level waste offsite disposal.. 0 0
Total, Office of River Protection....... 1,257,681 1,257,681
Idaho National Laboratory:
Idaho cleanup and waste disposition... 257,554 257,554
ID Excess facilities R&D.............. 0 0
Idaho community and regulatory support 2,400 2,400
Total, Idaho National Laboratory........ 259,954 259,954
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,764 1,764
LLNL Excess facilities R&D............ 0 0
Separations Process Research Unit..... 15,000 15,000
Nevada Test Site...................... 60,737 60,737
Sandia National Laboratories.......... 4,860 4,860
Los Alamos National Laboratory........ 120,000 220,000
Execute achievable scope of work.... (100,000)
Total, NNSA sites and Nevada off-sites.. 202,361 302,361
Oak Ridge Reservation:
OR Nuclear facility D & D............. 109,077 109,077
U233 Disposition Program.............. 45,000 45,000
OR cleanup and waste disposition...... 58,000 58,000
Construction:
17-D-401 On-site waste disposal 22,380 22,380
facility...........................
14-D-403 Outfall 200 Mercury 20,500 20,500
Treatment Facility.................
Subtotal, Construction:................. 42,880 42,880
OR community & regulatory support..... 4,930 4,930
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 262,887 262,887
Savannah River Site:
Savannah River risk management 455,122 455,122
operations...........................
SR community and regulatory support... 4,989 4,989
Radioactive liquid tank waste:
Construction:
20-D-402 Advanced Manufacturing 25,000 25,000
Collaborative Facility (AMC).......
20-D-401 Saltstone Disposal Unit 0 0
#10, 11, 12........................
19-D-701 SR Security system 0 0
replacement........................
18-D-402,Saltstone disposal unit #8/ 65,500 65,500
9..................................
17-D-402--Saltstone Disposal Unit #7 10,716 10,716
05-D-405 Salt waste processing 0 0
facility, SRS......................
Total, Construction, Radioactive liquid 101,216 101,216
tank waste.............................
Radioactive liquid tank waste 970,332 970,332
stabilization........................
Total, Savannah River Site.............. 1,531,659 1,531,659
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 323,260 323,260
Construction:
15-D-411 Safety significant 0 0
confinement ventilation system,
WIPP...............................
15-D-412 Exhaust shaft, WIPP........ 50,000 50,000
21-D-401 Hoisting Capability Project 10,000 10,000
Total, Construction..................... 60,000 60,000
Total, Waste Isolation Pilot Plant...... 383,260 383,260
Program direction--Defense Environment 275,285 275,285
Cleanup................................
Program support--Defense Environment 12,979 12,979
Cleanup................................
Safeguards and Security--Defense 320,771 320,771
Environment Cleanup....................
Technology development and deployment... 25,000 25,000
Use of prior year balances.............. 0 0
Subtotal, Defense environmental cleanup. 5,092,608 5,192,608
Rescission:
Rescission of prior year balances..... -109,000 -109,000
TOTAL, Defense Environmental Cleanup.... 4,983,608 5,083,608
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 134,320 134,320
security mission support.............
Program direction..................... 75,368 75,368
Total, Environment, health, safety and 209,688 209,688
security...............................
Independent enterprise assessments
Enterprise assessments................ 26,949 26,949
Program direction--Office of 54,635 54,635
Enterprise Assessments...............
Total, Office of Enterprise Assessments. 81,584 81,584
Specialized security activities......... 258,411 258,411
Office of Legacy Management
Legacy management activities--defense. 293,873 143,873
Maintain current program (-150,000)
administration.....................
Program direction..................... 23,120 23,120
Total, Office of Legacy Management...... 316,993 166,993
Defense related administrative support.. 183,789 183,789
Office of hearings and appeals.......... 4,262 4,262
Subtotal, Other defense activities...... 1,054,727 904,727
Use of prior year balances.............. 0 0
Total, Other Defense Activities......... 1,054,727 904,727
------------------------------------------------------------------------
DIVISION E--ADDITIONAL PROVISIONS
TITLE LI--PROCUREMENT
Subtitle B--Army Programs
SEC. 5111. REPORT ON CH-47F CHINOOK BLOCK-II UPGRADE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of the Army, shall submit to the congressional defense
committees a report that includes the following elements:
(1) An analysis of the warfighting capability currently
delivered by the Block I and Block II configurations of H-47
Chinook helicopters.
(2) An analysis of the feasibility and advisability of
delaying or terminating the CH-47F Chinook Block-II upgrade.
(3) A plan to ensure that warfighter capability is not
negatively affected by the delay or termination of the CH-47F
Chinook Block-II upgrade.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
Subtitle C--Navy Programs
SEC. 5121. LIMITATION ON ALTERATION OF NAVY FLEET MIX.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States shipbuilding and supporting vendor
base constitute a national security imperative that is unique
and must be protected;
(2) a healthy and efficient industrial base continues to be
a fundamental driver for achieving and sustaining a successful
shipbuilding procurement strategy;
(3) without consistent and continuous commitment to steady
and predictable acquisition profiles, the industrial base will
struggle and some elements may not survive; and
(4) proposed reductions in the future-years defense program
to the DDG-51 Destroyer procurement profile without a clear
transition to procurement of the next Large Surface Combatant
would adversely affect the shipbuilding industrial base and
long-term strategic objectives of the Navy.
(b) Limitation.--
(1) In general.--The Secretary of the Navy may not deviate
from the 2016 Navy Force Structure Assessment to implement the
results of a new force structure assessment or new annual long-
range plan for construction of naval vessels that would reduce
the requirement for Large Surface Combatants to fewer than 104
such vessels until the date on which the Secretary of the Navy
submits to the congressional defense committees the
certification under paragraph (2) and the report under
subsection (c).
(2) Certification.--The certification referred to in
paragraph (1) is a certification, in writing, that each of the
following conditions have been satisfied:
(A) The large surface combatant shipbuilding
industrial base and supporting vendor base would not
significantly deteriorate due to a reduced procurement
profile.
(B) The Navy can mitigate the reduction in anti-air
and ballistic missile defense capabilities due to
having a reduced number of DDG-51 Destroyers with the
advanced AN/SPY-6 radar in the next three decades.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report that includes--
(1) a description of likely detrimental impacts to the
large surface combatant industrial base and the Navy's plan to
mitigate any such impacts if the fiscal year 2021 future-years
defense program were implemented as proposed;
(2) a review of the benefits to the Navy fleet of the new
AN/SPY-6 radar to be deployed aboard Flight III variant DDG-51
Destroyers, which are currently under construction, as well as
an analysis of impacts to the fleet's warfighting capabilities,
should the number of such destroyers be reduced; and
(3) a plan to fully implement section 131 of the National
Defense Authorization for Fiscal Year 2020 (Public Law 116-92),
including subsystem prototyping efforts and funding by fiscal
year.
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.
(a) Increase.--Funds authorized to be appropriated in Research,
Development, Test, and Evaluation, Defense-wide, PE 0601228D8Z, section
4201, for Basic Research, Historically Black Colleges and Universities/
Minority Institutions, Line 006, are hereby increased by $14,025,000.
(b) Offset.--Funding in section 4101 for Other Procurement, Army,
for Automated Data Processing Equipment, Line 112, is hereby reduced by
$14,025,000.
Subtitle C--Sustainable Chemistry
SEC. 5221. NATIONAL COORDINATING ENTITY FOR SUSTAINABLE CHEMISTRY.
(a) Establishment.--Not later than 180 days after the date of
enactment of this title, the Director of the Office of Science and
Technology Policy shall convene an interagency entity (referred to in
this title as the ``Entity'') under the National Science and Technology
Council with the responsibility to coordinate Federal programs and
activities in support of sustainable chemistry, including those
described in sections __3 and __4.
(b) Coordination With Existing Groups.--In convening the Entity,
the Director of the Office of Science and Technology Policy shall
consider overlap and possible coordination with existing committees,
subcommittees, or other groups of the National Science and Technology
Council, such as--
(1) the Committee on Environment;
(2) the Committee on Technology;
(3) the Committee on Science; or
(4) related groups or subcommittees.
(c) Co-chairs.--The Entity shall be co-chaired by the Director of
the Office of Science and Technology Policy and a representative from
the Environmental Protection Agency, the National Institute of
Standards and Technology, the National Science Foundation, or the
Department of Energy, as selected by the Director of the Office of
Science and Technology Policy.
(d) Agency Participation.--The Entity shall include
representatives, including subject matter experts, from the
Environmental Protection Agency, the National Institute of Standards
and Technology, the National Science Foundation, the Department of
Energy, the Department of Agriculture, the Department of Defense, the
National Institutes of Health, the Centers for Disease Control and
Prevention, the Food and Drug Administration, and other related Federal
agencies, as appropriate.
(e) Termination.--The Entity shall terminate on the date that is 10
years after the date of enactment of this title.
SEC. 5222. STRATEGIC PLAN FOR SUSTAINABLE CHEMISTRY.
(a) Strategic Plan.--Not later than 2 years after the date of
enactment of this title, the Entity shall--
(1) consult with relevant stakeholders, including
representatives from industry, academia, national labs, the
Federal Government, and international entities, to develop and
update, as needed, a consensus definition of ``sustainable
chemistry'' to guide the activities under this title;
(2) develop a working framework of attributes
characterizing and metrics for assessing sustainable chemistry,
as described in subsection (b);
(3) assess the state of sustainable chemistry in the United
States as a key benchmark from which progress under the
activities described in this title can be measured, including
assessing key sectors of the United States economy, key
technology platforms, commercial priorities, and barriers to
innovation;
(4) coordinate and support Federal research, development,
demonstration, technology transfer, commercialization,
education, and training efforts in sustainable chemistry,
including budget coordination and support for public-private
partnerships, as appropriate;
(5) identify any Federal regulatory barriers to, and
opportunities for, Federal agencies facilitating the
development of incentives for development, consideration and
use of sustainable chemistry processes and products;
(6) identify major scientific challenges, roadblocks, or
hurdles to transformational progress in improving the
sustainability of the chemical sciences; and
(7) review, identify, and make effort to eliminate
duplicative Federal funding and duplicative Federal research in
sustainable chemistry.
(b) Characterizing and Assessing Sustainable Chemistry.--The Entity
shall develop a working framework of attributes characterizing and
metrics for assessing sustainable chemistry for the purposes of
carrying out the title. In developing this framework, the Entity
shall--
(1) seek advice and input from stakeholders as described in
subsection (c);
(2) consider existing definitions of, or frameworks
characterizing and metrics for assessing, sustainable chemistry
already in use at Federal agencies;
(3) consider existing definitions of, or frameworks
characterizing and metrics for assessing, sustainable chemistry
already in use by international organizations of which the
United States is a member, such as the Organisation for
Economic Co-operation and Development; and
(4) consider any other appropriate existing definitions of,
or frameworks characterizing and metrics for assessing,
sustainable chemistry.
(c) Consultation.--In carrying out the duties described in
subsections (a) and (b), the Entity shall consult with stakeholders
qualified to provide advice and information to guide Federal activities
related to sustainable chemistry through workshops, requests for
information, or other mechanisms as necessary. The stakeholders shall
include representatives from--
(1) business and industry (including trade associations and
small- and medium-sized enterprises from across the value
chain);
(2) the scientific community (including the National
Academies of Sciences, Engineering, and Medicine, scientific
professional societies, national labs, and academia);
(3) the defense community;
(4) State, tribal, and local governments, including
nonregulatory State or regional sustainable chemistry programs,
as appropriate;
(5) nongovernmental organizations; and
(6) other appropriate organizations.
(d) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Entity shall submit a report to the
Committee on Environment and Public Works, the Committee on
Commerce, Science, and Transportation, and the Committee on
Appropriations of the Senate, and the Committee on Science,
Space, and Technology, the Committee on Energy and Commerce,
and the Committee on Appropriations of the House of
Representatives. In addition to the elements described in
subsections (a) and (b), the report shall include--
(A) a summary of federally funded, sustainable
chemistry research, development, demonstration,
technology transfer, commercialization, education, and
training activities;
(B) a summary of the financial resources allocated
to sustainable chemistry initiatives by each
participating agency;
(C) an assessment of the current state of
sustainable chemistry in the United States, including
the role that Federal agencies are playing in
supporting it;
(D) an analysis of the progress made toward
achieving the goals and priorities of this Act, and
recommendations for future program activities;
(E) an evaluation of steps taken and future
strategies to avoid duplication of efforts, streamline
interagency coordination, facilitate information
sharing, and spread best practices among participating
agencies; and
(F) an evaluation of duplicative Federal funding
and duplicative Federal research in sustainable
chemistry, efforts undertaken by the Entity to
eliminate duplicative funding and research, and
recommendations on how to achieve these goals.
(2) Submission to gao.--The Entity shall also submit the
report described in paragraph (1) to the Comptroller General of
the United States for consideration in future Congressional
inquiries.
(3) Additional reports.--The Entity shall submit a report
to Congress and the Comptroller General of the United States
that incorporates the information described in subparagraphs
(A), (B), (D), (E), and (F) of paragraph (1) every 3 years,
commencing after the initial report is submitted until the
Entity terminates.
SEC. 5223. AGENCY ACTIVITIES IN SUPPORT OF SUSTAINABLE CHEMISTRY.
(a) In General.--The agencies participating in the Entity shall
carry out activities in support of sustainable chemistry, as
appropriate to the specific mission and programs of each agency.
(b) Activities.--The activities described in subsection (a) shall--
(1) incorporate sustainable chemistry into existing
research, development, demonstration, technology transfer,
commercialization, education, and training programs, that the
agency determines to be relevant, including consideration of--
(A) merit-based competitive grants to individual
investigators and teams of investigators, including, to
the extent practicable, early career investigators for
research and development;
(B) grants to fund collaborative research and
development partnerships among universities, industry,
and nonprofit organizations;
(C) coordination of sustainable chemistry research,
development, demonstration, and technology transfer
conducted at Federal laboratories and agencies;
(D) incentive prize competitions and challenges in
coordination with such existing Federal agency
programs; and
(E) grants, loans, and loan guarantees to aid in
the technology transfer and commercialization of
sustainable chemicals, materials, processes, and
products;
(2) collect and disseminate information on sustainable
chemistry research, development, technology transfer, and
commercialization, including information on accomplishments and
best practices;
(3) expand the education and training of students at
appropriate levels of education, professional scientists and
engineers, and other professionals involved in all aspects of
sustainable chemistry and engineering appropriate to that level
of education and training, including through--
(A) partnerships with industry as described in
section __4;
(B) support for the integration of sustainable
chemistry principles into chemistry and chemical
engineering curriculum and research training, as
appropriate to that level of education and training;
and
(C) support for integration of sustainable
chemistry principles into existing or new professional
development opportunities for professionals including
teachers, faculty, and individuals involved in
laboratory research (product development, materials
specification and testing, life cycle analysis, and
management);
(4) as relevant to an agency's programs, examine methods by
which the Federal agencies, in collaboration and consultation
with the National Institute of Standards and Technology, may
facilitate the development or recognition of validated,
standardized tools for performing sustainability assessments of
chemistry processes or products;
(5) through programs identified by an agency, support
(including through technical assistance, participation,
financial support, communications tools, awards, or other forms
of support) outreach and dissemination of sustainable chemistry
advances such as non-Federal symposia, forums, conferences, and
publications in collaboration with, as appropriate, industry,
academia, scientific and professional societies, and other
relevant groups;
(6) provide for public input and outreach to be integrated
into the activities described in this section by the convening
of public discussions, through mechanisms such as public
meetings, consensus conferences, and educational events, as
appropriate;
(7) within each agency, develop or adapt metrics to track
the outputs and outcomes of the programs supported by that
agency; and
(8) incentivize or recognize actions that advance
sustainable chemistry products, processes, or initiatives,
including through the establishment of a nationally recognized
awards program through the Environmental Protection Agency to
identify, publicize, and celebrate innovations in sustainable
chemistry and chemical technologies.
(c) Limitations .--Financial support provided under this section
shall--
(1) be available only for pre-competitive activities; and
(2) not be used to promote the sale of a specific product,
process, or technology, or to disparage a specific product,
process, or technology.
SEC. 5224. PARTNERSHIPS IN SUSTAINABLE CHEMISTRY.
(a) In General.--The agencies participating in the Entity may
facilitate and support, through financial, technical, or other
assistance, the creation of partnerships between institutions of higher
education, nongovernmental organizations, consortia, or companies
across the value chain in the chemical industry, including small- and
medium-sized enterprises, to--
(1) create collaborative sustainable chemistry research,
development, demonstration, technology transfer, and
commercialization programs; and
(2) train students and retrain professional scientists,
engineers, and others involved in materials specification on
the use of sustainable chemistry concepts and strategies by
methods, including--
(A) developing or recognizing curricular materials
and courses for undergraduate and graduate levels and
for the professional development of scientists,
engineers, and others involved in materials
specification; and
(B) publicizing the availability of professional
development courses in sustainable chemistry and
recruiting professionals to pursue such courses.
(b) Private Sector Participation.--To be eligible for support under
this section, a partnership in sustainable chemistry shall include at
least one private sector organization.
(c) Selection of Partnerships.--In selecting partnerships for
support under this section, the agencies participating in the Entity
shall also consider the extent to which the applicants are willing and
able to demonstrate evidence of support for, and commitment to, the
goals outlined in the strategic plan and report described in section
__2.
(d) Prohibited Use of Funds.--Financial support provided under this
section may not be used--
(1) to support or expand a regulatory chemical management
program at an implementing agency under a State law;
(2) to construct or renovate a building or structure; or
(3) to promote the sale of a specific product, process, or
technology, or to disparage a specific product, process, or
technology.
SEC. 5225. PRIORITIZATION.
In carrying out this Act, the Entity shall focus its support for
sustainable chemistry activities on those that achieve, to the highest
extent practicable, the goals outlined in the title.
SEC. 5226. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to alter or amend any
State law or action with regard to sustainable chemistry, as defined by
the State.
SEC. 5227. MAJOR MULTI-USER RESEARCH FACILITY PROJECT.
Section 110 of the American Innovation and Competitiveness Act (42
U.S.C. 1862s-2) is amended by striking (g)(2) and inserting the
following:
``(2) Major multi-user research facility project.--The term
`major multi-user research facility project' means a science
and engineering facility project that exceeds $100,000,000 in
total construction, acquisition, or upgrade costs to the
Foundation.''.
Subtitle D--Cyber Workforce Matters
SEC. 5231. IMPROVING NATIONAL INITIATIVE FOR CYBERSECURITY EDUCATION.
(a) Program Improvements Generally.--Subsection (a) of section 401
of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7451) is
amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (6) as paragraph (10); and
(3) by inserting after paragraph (5) the following:
``(6) supporting efforts to identify cybersecurity
workforce skill gaps in public and private sectors;
``(7) facilitating Federal programs to advance
cybersecurity education, training, and workforce;
``(8) in coordination with the Department of Defense and
the Department of Homeland Security, considering any specific
needs of the cybersecurity workforce of critical
infrastructure, to include cyber physical systems and control
systems;
``(9) advising the Director of the Office of Management and
Budget, as needed in, developing metrics to measure the
effectiveness and effect of programs and initiatives to advance
the cybersecurity workforce; and''.
(b) Strategic Plan.--Subsection (c) of such section is amended--
(1) by striking ``The Director'' and inserting the
following:
``(1) In general.--The Director''; and
(2) by adding at the end the following:
``(2) Requirement.--The strategic plan developed and
implemented under paragraph (1) shall include an indication of
how the Director will carry out this section.''.
(c) Cybersecurity Career Pathways.--
(1) Identification of multiple cybersecurity career
pathways.--In carrying out subsection (a) of such section and
not later than 540 days after the date of the enactment of this
Act, the Director of the National Institute of Standards and
Technology shall, in coordination with the Secretary of
Defense, the Secretary of Homeland Security, and the Director
of the Office of Personnel Management, use a consultative
process with other Federal agencies, academia, and industry to
identify multiple career pathways for cybersecurity work roles
that can be used in the private and public sectors.
(2) Requirements.--The Director shall ensure that the
multiple cybersecurity career pathways identified under
paragraph (1) indicate the knowledge, skills, and abilities,
including relevant education, training, apprenticeships,
certifications, and other experiences, that--
(A) align with employers' cybersecurity skill
needs, including proficiency level requirements, for
its workforce; and
(B) prepare an individual to be successful in
entering or advancing in a cybersecurity career.
(3) Exchange program.--Consistent with requirements under
chapter 37 of title 5, United States Code, the Director of the
National Institute of Standards and Technology, in coordination
with the Director of the Office of Personnel Management, may
establish a voluntary program for the exchange of employees
engaged in one of the cybersecurity work roles identified in
the National Initiative for Cybersecurity Education (NICE)
Cybersecurity Workforce Framework (NIST Special Publication
800-181), or successor framework, between the National
Institute of Standards and Technology and private sector
institutions, including a nonpublic or commercial business, a
research institution, or an institution of higher education, as
the Director of the National Institute of Standards and
Technology considers feasible.
(d) Proficiency To Perform Cybersecurity Tasks.--Not later than 540
days after the date of the enactment of this Act, the Director of the
National Institute of Standards and Technology shall, in coordination
with the Secretary of Defense and the Secretary of Homeland Security--
(1) in carrying out subsection (a) of such section, assess
the scope and sufficiency of efforts to measure a learner's
capability to perform specific tasks found in the National
Initiative for Cybersecurity Education (NICE) Cybersecurity
Workforce Framework (NIST Special Publication 800-181) at all
proficiency levels; and
(2) submit to Congress a report--
(A) on the findings of the Director with respect to
the assessment carried out under paragraph (1); and
(B) with recommendations for effective methods for
measuring the cybersecurity proficiency of learners.
(e) Cybersecurity Metrics.--Such section is further amended by
adding at the end the following:
``(e) Cybersecurity Metrics.--In carrying out subsection (a), the
Director of the Office of Management and Budget may seek input from the
Director of the National Institute of Standards and Technology, in
coordination with the Department of Homeland Security, the Office of
Personnel Management, and such agencies as the Director of the National
Institute of Standards and Technology considers relevant, shall develop
repeatable measures and reliable metrics for measuring and evaluating
Federally funded cybersecurity workforce programs and initiatives based
on the outcomes of such programs and initiatives.''.
(f) Regional Alliances and Multistakeholder Partnerships.--Such
section is further amended by adding at the end the following:
``(f) Regional Alliances and Multistakeholder Partnerships.--
``(1) In general.--Pursuant to section 2(b)(4) of the
National Institute of Standards and Technology Act (15 U.S.C.
272(b)(4)), the Director shall establish cooperative agreements
between the National Initiative for Cybersecurity Education
(NICE) of the Institute and regional alliances or partnerships
for cybersecurity education and workforce.
``(2) Agreements.--The cooperative agreements established
under paragraph (1) shall advance the goals of the National
Initiative for Cybersecurity Education Cybersecurity Workforce
Framework (NIST Special Publication 800-181), or successor
framework, by facilitating local and regional partnerships--
``(A) to identify the workforce needs of the local
economy and classify such workforce in accordance with
such framework;
``(B) to identify the education, training,
apprenticeship, and other opportunities available in
the local economy; and
``(C) to support opportunities to meet the needs of
the local economy.
``(3) Financial assistance.--
``(A) Financial assistance authorized.--The
Director may award financial assistance to a regional
alliance or partnership with whom the Director enters
into a cooperative agreement under paragraph (1) in
order to assist the regional alliance or partnership in
carrying out the term of the cooperative agreement.
``(B) Amount of assistance.--The aggregate amount
of financial assistance awarded under subparagraph (A)
per cooperative agreement shall not exceed $200,000.
``(C) Matching requirement.--The Director may not
award financial assistance to a regional alliance or
partnership under subparagraph (A) unless the regional
alliance or partnership agrees that, with respect to
the costs to be incurred by the regional alliance or
partnership in carrying out the cooperative agreement
for which the assistance was awarded, the regional
alliance or partnership will make available (directly
or through donations from public or private entities)
non-Federal contributions in an amount equal to 50
percent of Federal funds provided under the award.
``(4) Application.--
``(A) In general.--A regional alliance or
partnership seeking to enter into a cooperative
agreement under paragraph (1) and receive financial
assistance under paragraph (3) shall submit to the
Director an application therefore at such time, in such
manner, and containing such information as the Director
may require.
``(B) Requirements.--Each application submitted
under subparagraph (A) shall include the following:
``(i)(I) A plan to establish (or
identification of, if it already exists) a
multistakeholder workforce partnership that
includes--
``(aa) at least one institution of
higher education or nonprofit training
organization; and
``(bb) at least one local employer
or owner or operator of critical
infrastructure.
``(II) Participation from Federal Cyber
Scholarships for Service organizations,
advanced technological education programs,
elementary and secondary schools, training and
certification providers, State and local
governments, economic development
organizations, or other community organizations
is encouraged.
``(ii) A description of how the workforce
partnership would identify the workforce needs
of the local economy.
``(iii) A description of how the
multistakeholder workforce partnership would
leverage the programs and objectives of the
National Initiative for Cybersecurity
Education, such as the Cybersecurity Workforce
Framework and the strategic plan of such
initiative.
``(iv) A description of how employers in
the community will be recruited to support
internships, externships, apprenticeships, or
cooperative education programs in conjunction
with providers of education and training.
Inclusion of programs that seek to include
women, minorities, or veterans is encouraged.
``(v) A definition of the metrics that will
be used to measure the success of the efforts
of the regional alliance or partnership under
the agreement.
``(C) Priority consideration.--In awarding
financial assistance under paragraph (3)(A), the
Director shall give priority consideration to a
regional alliance or partnership that includes an
institution of higher education which receives an award
under the Federal Cyber Scholarship for Service program
located in the State or region of the regional alliance
or partnership.
``(5) Audits.--Each cooperative agreement for which
financial assistance is awarded under paragraph (3) shall be
subject to audit requirements under part 200 of title 2, Code
of Federal Regulations (relating to uniform administrative
requirements, cost principles, and audit requirements for
Federal awards), or successor regulation.
``(6) Reports.--
``(A) In general.--Upon completion of a cooperative
agreement under paragraph (1), the regional alliance or
partnership that participated in the agreement shall
submit to the Director a report on the activities of
the regional alliance or partnership under the
agreement, which may include training and education
outcomes.
``(B) Contents.--Each report submitted under
subparagraph (A) by a regional alliance or partnership
shall include the following:
``(i) An assessment of efforts made by the
regional alliance or partnership to carry out
paragraph (2).
``(ii) The metrics used by the regional
alliance or partnership to measure the success
of the efforts of the regional alliance or
partnership under the cooperative agreement.''.
(g) Transfer of Section.--
(1) Transfer.--Such section is transferred to the end of
title III of such Act and redesignated as section 303.
(2) Repeal.--Title IV of such Act is repealed.
(3) Clerical.--The table of contents in section 1(b) of
such Act is amended--
(A) by striking the items relating to title IV and
section 401; and
(B) by inserting after the item relating to section
302 the following:
``Sec. 303. National cybersecurity awareness and education program.''.
(4) Conforming amendments.--
(A) Section 302(3) of the Federal Cybersecurity
Workforce Assessment Act of 2015 (Public Law 114-113)
is amended by striking ``under section 401 of the
Cybersecurity Enhancement Act of 2014 (15 U.S.C.
7451)'' and inserting ``under section 303 of the
Cybersecurity Enhancement Act of 2014 (Public Law 113-
274)''.
(B) Section 2(c)(3) of the NIST Small Business
Cybersecurity Act (Public Law 115-236) is amended by
striking ``under section 401 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7451)'' and
inserting ``under section 303 of the Cybersecurity
Enhancement Act of 2014 (Public Law 113-274)''.
(C) Section 302(f) of the Cybersecurity Enhancement
Act of 2014 (15 U.S.C. 7442(f)) is amended by striking
``under section 401'' and inserting ``under section
303''.
SEC. 5232. DEVELOPMENT OF STANDARDS AND GUIDELINES FOR IMPROVING
CYBERSECURITY WORKFORCE OF FEDERAL AGENCIES.
(a) In General.--Section 20(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3(a)) is amended--
(1) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) identify and develop standards and guidelines for
improving the cybersecurity workforce for an agency as part of
the National Initiative for Cybersecurity Education (NICE)
Cybersecurity Workforce Framework (NIST Special Publication
800-181), or successor framework.''.
(b) Publication of Standards and Guidelines on Cybersecurity
Awareness.--Not later than 3 years after the date of the enactment of
this Act and pursuant to section 20 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3), the Director of the
National Institute of Standards and Technology shall publish standards
and guidelines for improving cybersecurity awareness of employees and
contractors of Federal agencies.
SEC. 5233. MODIFICATIONS TO FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE
PROGRAM.
Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C.
7442) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``information
technology'' and inserting ``information technology and
cybersecurity'';
(B) by amending paragraph (3) to read as follows:
``(3) prioritize the placement of scholarship recipients
fulfilling the post-award employment obligation under this
section to ensure that--
``(A) not less than 70 percent of such recipients
are placed in an executive agency (as defined in
section 105 of title 5, United States Code);
``(B) not more than 10 percent of such recipients
are placed as educators in the field of cybersecurity
at qualified institutions of higher education that
provide scholarships under this section; and
``(C) not more than 20 percent of such recipients
are placed in positions described in paragraphs (2)
through (5) of subsection (d); and''; and
(C) in paragraph (4), in the matter preceding
subparagraph (A), by inserting ``, including by seeking
to provide awards in coordination with other relevant
agencies for summer cybersecurity camp or other
experiences, including teacher training, in each of the
50 States,'' after ``cybersecurity education'';
(2) in subsection (d)--
(A) in paragraph (4), by striking ``or'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(6) as provided by subsection (b)(3)(B), a qualified
institution of higher education.''; and
(3) in subsection (m)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``cyber'' and inserting
``cybersecurity''; and
(B) in paragraph (2), by striking ``cyber'' and
inserting ``cybersecurity''.
SEC. 5234. MODIFICATIONS TO FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE
PROGRAM.
Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C.
7442) is amended--
(1) in subsection (f)--
(A) in paragraph (4), by striking ``; and'' and
inserting a semicolon; and
(B) by striking paragraph (5) and inserting the
following:
``(5) enter into an agreement accepting and acknowledging
the post award employment obligations, pursuant to section (d);
``(6) accept and acknowledge the conditions of support
under section (g); and
``(7) accept all terms and conditions of a scholarship
under this section.'';
(2) in subsection (g)--
(A) in paragraph (1), by inserting ``the Office of
Personnel Management, in coordination with the National
Science Foundation, and'' before ``the qualified
institution'';
(B) in paragraph (2)--
(i) in subparagraph (D), by striking ``;
or'' and inserting a semicolon; and
(ii) by striking subparagraph (E) and
inserting the following:
``(E) fails to maintain or fulfill any of the post-
graduation or post-award obligations or requirements of
the individual; or
``(F) fails to fulfill the requirements of
paragraph (1).'';
(3) in subsection (h)(2), by inserting ``and the Director
of the Office of Personnel Management'' after ``Foundation'';
(4) in subsection (k)(1)(A), by striking ``and the
Director'' and all that follows and inserting ``, the Director
of the National Science Foundation, and the Director of the
Office of Personnel Management of the amounts owed; and''; and
(5) in subsection (m)(2), by striking ``once every 3
years'' and all that follows and inserting ``once every 2
years, to the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Science, Space, and Technology and the Committee on Oversight
and Reform of the House of Representatives a report,
including--''
(A) ``the results of the evaluation under paragraph
(1);''
(B) ``the disparity in any reporting between
scholarship recipients and their respective
institutions of higher education; and''
(C) ``any recent statistics regarding the size,
composition, and educational requirements of the
Federal cyber workforce.''
SEC. 5235. CYBERSECURITY IN PROGRAMS OF THE NATIONAL SCIENCE
FOUNDATION.
(a) Computer Science and Cybersecurity Education Research.--Section
310 of the American Innovation and Competitiveness Act (42 U.S.C.
1862s-7) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and
cybersecurity'' after ``computer science''; and
(B) in paragraph (2)--
(i) in subparagraph (C), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) tools and models for the integration of
cybersecurity and other interdisciplinary efforts into
computer science education and computational thinking
at secondary and postsecondary levels of education.'';
and
(2) in subsection (c), by inserting ``, cybersecurity,''
after ``computing''.
(b) Scientific and Technical Education.--Section 3(j)(9) of the
Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i(j)(9))
is amended by inserting ``and cybersecurity'' after ``computer
science''.
(c) Low-Income Scholarship Program.--Section 414(d) of the American
Competitiveness and Workforce Improvement Act of 1998 (42 U.S.C. 1869c)
is amended--
(1) in paragraph (1), by striking ``or computer science''
and inserting ``computer science, or cybersecurity''; and
(2) in paragraph (2)(A)(iii), by inserting
``cybersecurity,'' after ``computer science,''.
(d) Scholarships and Graduate Fellowships.--The Director of the
National Science Foundation shall ensure that students pursuing
master's degrees and doctoral degrees in fields relating to
cybersecurity are considered as applicants for scholarships and
graduate fellowships under the Graduate Research Fellowship Program
under section 10 of the National Science Foundation Act of 1950 (42
U.S.C. 1869).
(e) Presidential Awards for Teaching Excellence.--The Director of
the National Science Foundation shall ensure that educators and mentors
in fields relating to cybersecurity can be considered for--
(1) Presidential Awards for Excellence in Mathematics and
Science Teaching made under section 117 of the National Science
Foundation Authorization Act of 1988 (42 U.S.C. 1881b); and
(2) Presidential Awards for Excellence in STEM Mentoring
administered under section 307 of the American Innovation and
Competitiveness Act (42 U.S.C. 1862s-6).
SEC. 5236. CYBERSECURITY IN STEM PROGRAMS OF THE NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION.
In carrying out any STEM education program of the National
Aeronautics and Space Administration (referred to in this section as
``NASA''), including a program of the Office of STEM Engagement, the
Administrator of NASA shall, to the maximum extent practicable,
encourage the inclusion of cybersecurity education opportunities in
such program.
SEC. 5237. CYBERSECURITY IN DEPARTMENT OF TRANSPORTATION PROGRAMS.
(a) University Transportation Centers Program.--Section 5505 of
title 49, United States Code, is amended--
(1) in subsection (a)(2)(C), by inserting ``in the matters
described in subparagraphs (A) through (G) of section
6503(c)(1)'' after ``transportation leaders''; and
(2) in subsection (c)(3)(E)--
(A) by inserting ``, including the cybersecurity
implications of technologies relating to connected
vehicles, connected infrastructure, and autonomous
vehicles'' after ``autonomous vehicles''; and
(B) by striking ``The Secretary'' and inserting the
following:
``(i) In general.--A regional university
transportation center receiving a grant under
this paragraph shall carry out research
focusing on 1 or more of the matters described
in subparagraphs (A) through (G) of section
6503(c)(1).
``(ii) Focused objectives.--The
Secretary''.
(b) Transportation Research and Development 5-Year Strategic
Plan.--Section 6503(c)(1) of title 49, United States Code, is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by inserting ``and'' after the
semicolon at the end; and
(3) by adding at the end the following:
``(G) reducing transportation cybersecurity
risks;''.
SEC. 5238. NATIONAL CYBERSECURITY CHALLENGES.
(a) In General.--Title II of the Cybersecurity Enhancement Act of
2014 (15 U.S.C. 7431 et seq.) is amended by adding at the end the
following:
``SEC. 205. NATIONAL CYBERSECURITY CHALLENGES.
``(a) Establishment of National Cybersecurity Challenges.--
``(1) In general.--To achieve high-priority breakthroughs
in cybersecurity by 2028, the Secretary of Commerce shall
establish the following national cybersecurity challenges:
``(A) Economics of a cyber attack.--Building more
resilient systems that measurably and exponentially
raise adversary costs of carrying out common cyber
attacks.
``(B) Cyber training.--
``(i) Empowering the people of the United
States with an appropriate and measurably
sufficient level of digital literacy to make
safe and secure decisions online.
``(ii) Developing a cybersecurity workforce
with measurable skills to protect and maintain
information systems.
``(C) Emerging technology.--Advancing cybersecurity
efforts in response to emerging technology, such as
artificial intelligence, quantum science, and next
generation communications technologies.
``(D) Reimagining digital identity.--Maintaining a
high sense of usability while improving the security
and safety of online activity of individuals in the
United States.
``(E) Federal agency resilience.--Reducing
cybersecurity risks to Federal networks and systems,
and improving the response of Federal agencies to
cybersecurity incidents on such networks and systems.
``(2) Coordination.--In establishing the challenges under
paragraph (1), the Secretary shall coordinate with the
Secretary of Homeland Security on the challenges under
subparagraphs (B) and (E) of such paragraph.
``(b) Pursuit of National Cybersecurity Challenges.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, the Secretary, acting through
the Under Secretary of Commerce for Standards and Technology,
shall commence efforts to pursue the national cybersecurity
challenges established under subsection (a).
``(2) Competitions.--The efforts required by paragraph (1)
shall include carrying out programs to award prizes, including
cash and noncash prizes, competitively pursuant to the
authorities and processes established under section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719) or any other applicable provision of law.
``(3) Additional authorities.--In carrying out paragraph
(1), the Secretary may enter into and perform such other
transactions as the Secretary considers necessary and on such
terms as the Secretary considers appropriate.
``(4) Coordination.--In pursuing national cybersecurity
challenges under paragraph (1), the Secretary shall coordinate
with the following:
``(A) The Director of the National Science
Foundation.
``(B) The Secretary of Homeland Security.
``(C) The Director of the Defense Advanced Research
Projects Agency.
``(D) The Director of the Office of Science and
Technology Policy.
``(E) The Director of the Office of Management and
Budget.
``(F) The Administrator of the General Services
Administration.
``(G) The Federal Trade Commission.
``(H) The heads of such other Federal agencies as
the Secretary of Commerce considers appropriate for
purposes of this section.
``(5) Solicitation of acceptance of funds.--
``(A) In general.--Pursuant to section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719), the Secretary shall request and accept
funds from other Federal agencies, State, United States
territory, local, or tribal government agencies,
private sector for-profit entities, and nonprofit
entities to support efforts to pursue a national
cybersecurity challenge under this section.
``(B) Rule of construction.--Nothing in
subparagraph (A) shall be construed to require any
person or entity to provide funds or otherwise
participate in an effort or competition under this
section.
``(c) Recommendations.--
``(1) In general.--In carrying out this section, the
Secretary of Commerce shall designate an advisory council to
seek recommendations.
``(2) Elements.--The recommendations required by paragraph
(1) shall include the following:
``(A) A scope for efforts carried out under
subsection (b).
``(B) Metrics to assess submissions for prizes
under competitions carried out under subsection (b) as
the submissions pertain to the national cybersecurity
challenges established under subsection (a).
``(3) No additional compensation.--The Secretary may not
provide any additional compensation, except for travel
expenses, to a member of the advisory council designated under
paragraph (1) for participation in the advisory council.''.
(b) Conforming Amendments.--Section 201(a)(1) of such Act is
amended--
(1) in subparagraph (J), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraph (K) as subparagraph (L);
and
(3) by inserting after subparagraph (J) the following:
``(K) implementation of section 205 through
research and development on the topics identified under
subsection (a) of such section; and''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 204
the following:
``Sec. 205. National Cybersecurity Challenges.''.
SEC. 5239. INTERNET OF THINGS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(3) Steering committee.--The term ``steering committee''
means the steering committee established under subsection
(b)(5)(A).
(4) Working group.--The term ``working group'' means the
working group convened under subsection (b)(1).
(b) Federal Working Group.--
(1) In general.--The Secretary shall convene a working
group of Federal stakeholders for the purpose of providing
recommendations and a report to Congress relating to the
aspects of the Internet of Things described in paragraph (2).
(2) Duties.--The working group shall--
(A) identify any Federal regulations, statutes,
grant practices, budgetary or jurisdictional
challenges, and other sector-specific policies that are
inhibiting, or could inhibit, the development or
deployment of the Internet of Things;
(B) consider policies or programs that encourage
and improve coordination among Federal agencies that
have responsibilities that are relevant to the
objectives of this section;
(C) consider any findings or recommendations made
by the steering committee and, where appropriate, act
to implement those recommendations;
(D) examine--
(i) how Federal agencies can benefit from
utilizing the Internet of Things;
(ii) the use of Internet of Things
technology by Federal agencies as of the date
on which the working group performs the
examination;
(iii) the preparedness and ability of
Federal agencies to adopt Internet of Things
technology as of the date on which the working
group performs the examination and in the
future; and
(iv) any additional security measures that
Federal agencies may need to take to--
(I) safely and securely use the
Internet of Things, including measures
that ensure the security of critical
infrastructure; and
(II) enhance the resiliency of
Federal systems against cyber threats
to the Internet of Things; and
(E) in carrying out the examinations required under
subclauses (I) and (II) of subparagraph (D)(iv), ensure
to the maximum extent possible the coordination of the
current and future activities of the Federal Government
relating to security with respect to the Internet of
Things.
(3) Agency representatives.--In convening the working group
under paragraph (1), the Secretary shall have discretion to
appoint representatives from Federal agencies and departments
as appropriate and shall specifically consider seeking
representation from--
(A) the Department of Commerce, including--
(i) the National Telecommunications and
Information Administration;
(ii) the National Institute of Standards
and Technology; and
(iii) the National Oceanic and Atmospheric
Administration;
(B) the Department of Transportation;
(C) the Department of Homeland Security;
(D) the Office of Management and Budget;
(E) the National Science Foundation;
(F) the Commission;
(G) the Federal Trade Commission;
(H) the Office of Science and Technology Policy;
(I) the Department of Energy; and
(J) the Federal Energy Regulatory Commission.
(4) Nongovernmental stakeholders.--The working group shall
consult with nongovernmental stakeholders with expertise
relating to the Internet of Things, including--
(A) the steering committee;
(B) information and communications technology
manufacturers, suppliers, service providers, and
vendors;
(C) subject matter experts representing industrial
sectors other than the technology sector that can
benefit from the Internet of Things, including the
transportation, energy, agriculture, and health care
sectors;
(D) small, medium, and large businesses;
(E) think tanks and academia;
(F) nonprofit organizations and consumer groups;
(G) security experts;
(H) rural stakeholders; and
(I) other stakeholders with relevant expertise, as
determined by the Secretary.
(5) Steering committee.--
(A) Establishment.--There is established within the
Department of Commerce a steering committee to advise
the working group.
(B) Duties.--The steering committee shall advise
the working group with respect to--
(i) the identification of any Federal
regulations, statutes, grant practices,
programs, budgetary or jurisdictional
challenges, and other sector-specific policies
that are inhibiting, or could inhibit, the
development of the Internet of Things;
(ii) situations in which the use of the
Internet of Things is likely to deliver
significant and scalable economic and societal
benefits to the United States, including
benefits from or to--
(I) smart traffic and transit
technologies;
(II) augmented logistics and supply
chains;
(III) sustainable infrastructure;
(IV) precision agriculture;
(V) environmental monitoring;
(VI) public safety; and
(VII) health care;
(iii) whether adequate spectrum is
available to support the growing Internet of
Things and what legal or regulatory barriers
may exist to providing any spectrum needed in
the future;
(iv) policies, programs, or multi-
stakeholder activities that--
(I) promote or are related to the
privacy of individuals who use or are
affected by the Internet of Things;
(II) may enhance the security of
the Internet of Things, including the
security of critical infrastructure;
(III) may protect users of the
Internet of Things; and
(IV) may encourage coordination
among Federal agencies with
jurisdiction over the Internet of
Things;
(v) the opportunities and challenges
associated with the use of Internet of Things
technology by small businesses; and
(vi) any international proceeding,
international negotiation, or other
international matter affecting the Internet of
Things to which the United States is or should
be a party.
(C) Membership.--The Secretary shall appoint to the
steering committee members representing a wide range of
stakeholders outside of the Federal Government with
expertise relating to the Internet of Things,
including--
(i) information and communications
technology manufacturers, suppliers, service
providers, and vendors;
(ii) subject matter experts representing
industrial sectors other than the technology
sector that can benefit from the Internet of
Things, including the transportation, energy,
agriculture, and health care sectors;
(iii) small, medium, and large businesses;
(iv) think tanks and academia;
(v) nonprofit organizations and consumer
groups;
(vi) security experts;
(vii) rural stakeholders; and
(viii) other stakeholders with relevant
expertise, as determined by the Secretary.
(D) Report.--Not later than 1 year after the date
of enactment of this Act, the steering committee shall
submit to the working group a report that includes any
findings or recommendations of the steering committee.
(E) Independent advice.--
(i) In general.--The steering committee
shall set the agenda of the steering committee
in carrying out the duties of the steering
committee under subparagraph (B).
(ii) Suggestions.--The working group may
suggest topics or items for the steering
committee to study, and the steering committee
shall take those suggestions into consideration
in carrying out the duties of the steering
committee.
(iii) Report.--The steering committee shall
ensure that the report submitted under
subparagraph (D) is the result of the
independent judgment of the steering committee.
(F) No compensation for members.--A member of the
steering committee shall serve without compensation.
(G) Termination.--The steering committee shall
terminate on the date on which the working group
submits the report under paragraph (6).
(6) Report to congress.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the working group shall
submit to Congress a report that includes--
(i) the findings and recommendations of the
working group with respect to the duties of the
working group under paragraph (2);
(ii) the report submitted by the steering
committee under paragraph (5)(D), as the report
was received by the working group;
(iii) recommendations for action or reasons
for inaction, as applicable, with respect to
each recommendation made by the steering
committee in the report submitted under
paragraph (5)(D); and
(iv) an accounting of any progress made by
Federal agencies to implement recommendations
made by the working group or the steering
committee.
(B) Copy of report.--The working group shall submit
a copy of the report described in subparagraph (A) to--
(i) the Committee on Commerce, Science, and
Transportation and the Committee on Energy and
Natural Resources of the Senate;
(ii) the Committee on Energy and Commerce
of the House of Representatives; and
(iii) any other committee of Congress, upon
request to the working group.
(c) Assessing Spectrum Needs.--
(1) In general.--The Commission, in consultation with the
National Telecommunications and Information Administration,
shall issue a notice of inquiry seeking public comment on the
current, as of the date of enactment of this Act, and future
spectrum needs to enable better connectivity relating to the
Internet of Things.
(2) Requirements.--In issuing the notice of inquiry under
paragraph (1), the Commission shall seek comments that consider
and evaluate--
(A) whether adequate spectrum is available, or is
planned for allocation, for commercial wireless
services that could support the growing Internet of
Things;
(B) if adequate spectrum is not available for the
purposes described in subparagraph (A), how to ensure
that adequate spectrum is available for increased
demand with respect to the Internet of Things;
(C) what regulatory barriers may exist to providing
any needed spectrum that would support uses relating to
the Internet of Things; and
(D) what the role of unlicensed and licensed
spectrum is and will be in the growth of the Internet
of Things.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report summarizing the comments submitted in
response to the notice of inquiry issued under paragraph (1).
Subtitle E--Plans, Reports, and Other Matters
SEC. 5241. REPORT ON DEPARTMENT OF DEFENSE STRATEGY ON ARTIFICIAL
INTELLIGENCE STANDARDS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the role of the Department of Defense in the
development of artificial intelligence standards.
(b) Contents.--The report required by subsection (a) shall include
an assessment of each of the following:
(1) The need for the Department of Defense to develop an
artificial intelligence standards strategy.
(2) Any efforts to date on the development of such a
strategy.
(3) The ways in which an artificial intelligence standards
strategy will improve the national security.
(4) How the Secretary intends to collaborate with--
(A) the Director of the National Institute of
Standards and Technology;
(B) the Secretary of Homeland Security;
(C) the intelligence community;
(D) the Secretary of State;
(E) representatives of private industry,
specifically representatives of the defense industrial
base; and
(F) representatives of any other agencies,
entities, organizations, or persons the Secretary
considers appropriate.
SEC. 5242. STUDY ON ESTABLISHMENT OF ENERGETICS PROGRAM OFFICE.
The Under Secretary of Defense for Research and Engineering shall
conduct a study to assess the feasibility and advisability of
establishing a program office to coordinate energetics research and to
ensure a robust and sustained energetics material enterprise.
SEC. 5243. DEEPFAKE REPORT.
(a) Definitions.--In this section:
(1) Digital content forgery.--The term ``digital content
forgery'' means the use of emerging technologies, including
artificial intelligence and machine learning techniques, to
fabricate or manipulate audio, visual, or text content with the
intent to mislead.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Reports on Digital Content Forgery Technology.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 5 years, the
Secretary, acting through the Under Secretary for Science and
Technology, shall produce a report on the state of digital
content forgery technology.
(2) Contents.--Each report produced under paragraph (1)
shall include--
(A) an assessment of the underlying technologies
used to create or propagate digital content forgeries,
including the evolution of such technologies;
(B) a description of the types of digital content
forgeries, including those used to commit fraud, cause
harm, or violate civil rights recognized under Federal
law;
(C) an assessment of how foreign governments, and
the proxies and networks thereof, use, or could use,
digital content forgeries to harm national security;
(D) an assessment of how non-governmental entities
in the United States use, or could use, digital content
forgeries;
(E) an assessment of the uses, applications,
dangers, and benefits of deep learning technologies
used to generate high fidelity artificial content of
events that did not occur, including the impact on
individuals;
(F) an analysis of the methods used to determine
whether content is genuinely created by a human or
through digital content forgery technology and an
assessment of any effective heuristics used to make
such a determination, as well as recommendations on how
to identify and address suspect content and elements to
provide warnings to users of the content;
(G) a description of the technological counter-
measures that are, or could be, used to address
concerns with digital content forgery technology; and
(H) any additional information the Secretary
determines appropriate.
(3) Consultation and public hearings.--In producing each
report required under paragraph (1), the Secretary may--
(A) consult with any other agency of the Federal
Government that the Secretary considers necessary; and
(B) conduct public hearings to gather, or otherwise
allow interested parties an opportunity to present,
information and advice relevant to the production of
the report.
(4) Form of report.--Each report required under paragraph
(1) shall be produced in unclassified form, but may contain a
classified annex.
(5) Applicability of foia.--Nothing in this section, or in
a report produced under this section, shall be construed to
allow the disclosure of information or a record that is exempt
from public disclosure under section 552 of title 5, United
States Code (commonly known as the ``Freedom of Information
Act'').
(6) Applicability of the paperwork reduction act.--
Subchapter I of chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act''), shall not
apply to this section.
SEC. 5244. CISA DIRECTOR.
Subchapter II of chapter 53 of title 5, United States Code, is
amended--
(1) in section 5313, by inserting after the item relating
to ``Administrator of the Transportation Security
Administration'' the following:
``Director, Cybersecurity and Infrastructure Security
Agency.''; and
(2) in section 5314, by striking the item relating to
``Director, Cybersecurity and Infrastructure Security
Agency.''.
SEC. 5245. AGENCY REVIEW.
(a) Requirement of Comprehensive Review.--In order to strengthen
the Cybersecurity and Infrastructure Security Agency, the Secretary of
Homeland Security shall conduct a comprehensive review of the ability
of the Cybersecurity and Infrastructure Security Agency to fulfill--
(1) the missions of the Cybersecurity and Infrastructure
Security Agency; and
(2) the recommendations detailed in the report issued by
the Cyberspace Solarium Commission under section 1652(k) of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232).
(b) Elements of Review.--The review conducted under subsection (a)
shall include the following elements:
(1) An assessment of how additional budget resources could
be used by the Cybersecurity and Infrastructure Security Agency
for projects and programs that--
(A) support the national risk management mission;
(B) support public and private-sector
cybersecurity;
(C) promote public-private integration; and
(D) provide situational awareness of cybersecurity
threats.
(2) A comprehensive force structure assessment of the
Cybersecurity and Infrastructure Security Agency including--
(A) a determination of the appropriate size and
composition of personnel to accomplish the mission of
the Cybersecurity and Infrastructure Security Agency,
as well as the recommendations detailed in the report
issued by the Cyberspace Solarium Commission under
section 1652(k) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-
232);
(B) an assessment of whether existing personnel are
appropriately matched to the prioritization of threats
in the cyber domain and risks in critical
infrastructure;
(C) an assessment of whether the Cybersecurity and
Infrastructure Security Agency has the appropriate
personnel and resources to--
(i) perform risk assessments, threat
hunting, incident response to support both
private and public cybersecurity;
(ii) carry out the responsibilities of the
Cybersecurity and Infrastructure Security
Agency related to the security of Federal
information and Federal information systems;
and
(iii) carry out the critical infrastructure
responsibilities of the Cybersecurity and
Infrastructure Security Agency, including
national risk management; and
(D) an assessment of whether current structure,
personnel, and resources of regional field offices are
sufficient in fulfilling agency responsibilities and
mission requirements.
(c) Submission of Review.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland Security shall
submit a report to Congress detailing the results of the assessments
required under subsection (b), including recommendations to address any
identified gaps.
SEC. 5246. GENERAL SERVICES ADMINISTRATION REVIEW.
(a) Review.--The Administrator of the General Services
Administration shall--
(1) conduct a review of current Cybersecurity and
Infrastructure Security Agency facilities and assess the
suitability of such facilities to fully support current and
projected mission requirements nationally and regionally; and
(2) make recommendations regarding resources needed to
procure or build a new facility or augment existing facilities
to ensure sufficient size and accommodations to fully support
current and projected mission requirements, including the
integration of personnel from the private sector and other
departments and agencies.
(b) Submission of Review.--Not later than 1 year after the date of
the enactment of this Act, the Administrator of the General Services
Administration shall submit the review required under subsection (a)
to--
(1) the President;
(2) the Secretary of Homeland Security; and
(3) to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives.
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.
(a) Requirement.--Section 2679 of title 10, United States Code, is
amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Use of Cost Savings Realized.--(1) With respect to a fiscal
year in which cost savings are realized as a result of entering into an
intergovernmental support agreement under this section for a military
installation, the Secretary concerned shall make not less than 25
percent of the amount of such savings available for use by the
commander of the installation solely for sustainment restoration and
modernization requirements that have been approved by the major
subordinate command or equivalent component.
``(2) Not less frequently than annually, the Secretary concerned
shall certify to the congressional defense committee the amount of the
cost savings achieved, the source and type of intergovernmental support
agreement that achieved the savings, and the manner in which those
savings were deployed, disaggregated by installation.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2021 and each subsequent fiscal year.
Subtitle D--Reports
SEC. 5351. REPORT ON NON-PERMISSIVE, GLOBAL POSITIONING SYSTEM DENIED
AIRFIELD CAPABILITIES.
(a) In General.--Not later than February 1, 2021, the Secretary of
Defense shall submit to the congressional defense committees a report
assessing the ability of each combatant command to conduct all-weather,
day-night airfield operations in a non-permissive, global positioning
system denied environment.
(b) Elements.--The report required under subsection (a) shall
include, at a minimum, the following:
(1) An assessment of current air traffic control and
landing systems at existing airfields and contingency
airfields.
(2) An assessment of the ability of each combatant command
to conduct all-weather, day-night airfield flight operations in
a non-permissive, global positioning system denied environment
at existing and contingency airfields, including aircraft
tracking and precision landing.
(3) An assessment of the ability of each combatant command
to rapidly set up and conduct operations at alternate
airfields, including the ability to receive and deploy forces
in a non-permissive, global positioning system denied
environment.
(4) A list of backup systems in place or pre-positioned to
be able to reconstitute operations after an attack.
Subtitle E--Other Matters
SEC. 5371. INCREASE OF AMOUNTS AVAILABLE TO MARINE CORPS FOR BASE
OPERATIONS AND SUPPORT.
(a) Increase of Base Operations and Support.--The amount authorized
to be appropriated for fiscal year 2021 for operation and maintenance
for the Marine Corps, is hereby increased by $47,600,000, with the
amount of the increase to be available for base operations and support
(SAG BSS1).
(b) Offsets.--
(1) Operation and maintenance.--The amount authorized to be
appropriated for fiscal year 2021 for operation and maintenance
for the Marine Corps, is hereby reduced by $4,700,000, with the
amount of the reduction to be derived from SAG 1A1A.
(2) Modification kit procurement.--The amount authorized to
be appropriated for fiscal year 2021 for procurement for the
Marine Corps, is hereby reduced by $3,100,000, with the amount
of the reduction to be derived from Line 7, Modification Kits.
(3) Direct support munition procurement.--The amount
authorized to be appropriated for fiscal year 2021 for
procurement and ammunition for the Marine Corps, is hereby
reduced by $39,800,000, with the amount of the reduction to be
derived from Line 17, Direct Support Munitions.
SEC. 5372. MODERNIZATION OF CONGRESSIONAL REPORTS PROCESS.
(a) Increase in O&M, Defense-wide Activities.--The amount
authorized to be appropriated for fiscal year 2021 by section 301 is
hereby increased by $2,000,000, with the amount of the increase to be
available for operation and maintenance, Defense-wide activities, for
SAG 4GTN Office of the Secretary of Defense for modernization of the
congressional reports process.
(b) Offset.--The amount authorized to be appropriated for fiscal
year 2021 by section 301 is hereby decreased by $2,000,000, with the
amount of the decrease to be applied against amounts available for
operation and maintenance, Army, for SAG 421 for Servicewide
Transportation for historical underexecution.
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.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
setting forth a comprehensive plan to implement and accomplish the
recommendations for the Department of Defense in keeping with the May
2020 report of the Government Accountability Office titled ``Female
Active-Duty Personnel: Guidance and Plans Needed for Recruitment and
Retention Efforts'', namely the recommendations as follows:
(1) The Secretary of Defense must ensure that the Under
Secretary of Defense for Personnel and Readiness provides
guidance to each of the Armed Forces to develop plans, with
clearly defined goals, performance measures, and timeframes, to
guide and monitor the efforts in connection with the
recruitment and retention of female members.
(2) Each Secretary of a military department must develop a
plan, with clearly defined goals, performance measures, and
timeframes, to guide and monitor the efforts of each Armed
Force under the jurisdiction of such Secretary in connection
with the recruitment and retention of female members in such
Armed Force.
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.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
regulations and other procedures prescribed by the Secretaries of the
military departments in order to implement and carry out the programs
of the military departments on the award of medals or other
commendations to handlers of military working dogs required by section
582 of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 1787; 10 U.S.C. 1121 note
prec.).
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.
(a) Independent Study.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a Federally funded research and development center
to conduct a study on underemployment among military spouses. The study
shall consider, at a minimum, the following:
(1) The prevalence of unemployment and underemployment
among military spouses, including differences by Armed Force,
region, State, education level, and income level.
(2) The causes of unemployment and underemployment among
military spouses.
(3) The differences in unemployment and underemployment
between military spouses and civilians.
(4) Barriers to small business ownership and
entrepreneurship faced by military spouses.
(b) Submittal to DoD.--Not later than 240 days after the date of
the enactment of this Act, the Federally funded research and
development center with which the Secretary contracts pursuant to
subsection (a) shall submit to the Secretary a report containing the
results of the study conducted pursuant to that subsection.
(c) Transmittal to Congress.--Not later than 270 days after the
date of the enactment of this Act, the Secretary shall transmit to the
appropriate committees of Congress the report under subsection (b),
without change.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means the following--
(1) the Committee on Armed Services, the Committee on
Health, Education, Labor, and Pensions, the Committee on Small
Business and Entrepreneurship, and Committee on Appropriations
of the Senate; and
(2) the Committee on Armed Services, the Committee on
Education and Labor, the Committee on Small Business, and
Committee on Appropriations of the House of Representatives.
Subtitle H--Other Matters
SEC. 5586. QUESTIONS REGARDING RACISM, ANTI-SEMITISM, AND SUPREMACISM
IN WORKPLACE SURVEYS ADMINISTERED BY THE SECRETARY OF
DEFENSE.
Section 593 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended--
(1) by inserting ``(a) Questions Required.--'' before ``The
Secretary'';
(2) in paragraph (1), by inserting ``, racist, anti-
Semitic, or supremacist'' after ``extremist''; and
(3) by adding at the end the following new subsection:
``(b) Report.--Not later than March 1, 2021, the Secretary shall
submit to Congress a report including--
``(1) the text of the questions included in surveys under
subsection (a); and
``(2) which surveys include such questions.''.
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.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall brief Congress on the current status of
the implementation of the requirements of section 570F of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1401; 10 U.S.C. 1142 note), relating to 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.
(a) Ineffectiveness of Section 590.--Section 590 shall have no
force or effect.
(b) Pilot Programs Authorized.--The Secretary of the Army and the
Secretary of the Air Force may each, in coordination with the Secretary
of Homeland Security and 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.
(c) Assessment Prior to Commencement.--For purposes of evaluating
existing platforms, technologies, and capabilities under subsection
(d), 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 (b); and
(2) determine whether a platform, technology, or capability
described in paragraph (1)(B) is suitable for expansion for
purposes of the pilot program.
(d) Elements.--A pilot program under subsection (b) 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
(g).
(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.
(e) Use of Existing Technology.--An administering Secretary may use
an existing platform, technology, or capability to provide the
capability described in subsection (b) under the pilot program.
(f) 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.
(g) Construction With Certain Current Authorities.--
(1) Command authorities.--Nothing in a pilot program under
subsection (b) 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.
(h) 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.
(i) Term.--A pilot program under subsection (b) shall terminate on
the date that is three years after the date of the commencement of the
pilot program.
(j) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the commencement of the pilot program, the administering
Secretary, in coordination with the Secretary of Homeland
Security, 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,
in coordination with the Secretary of Homeland Security, 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 (c).
(C) A summary of the evaluation metrics established
in accordance with subsection (h).
(D) An assessment of the effectiveness of the pilot
program, and of the capability described in subsection
(b) 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.
(k) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.
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.
The reference in section 707(c) to section 1074g(a)(9)(C)(i) of
title 10, United States Code, is deemed to be a reference to section
1074g(a)(9)(C)(ii) of title 10, United States Code.
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.
Section 723 and the amendments made by that section shall have no
force or effect.
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.
(a) Study.--The Director of the Defense Health Agency shall conduct
a study on the use, scalability, and military requirements for
commercial off the shelf negative air pressure room containment systems
in order to improve pandemic preparedness at military medical treatment
facilities worldwide, to include an assessment of whether such systems
would improve the readiness of the Department of Defense to expand
capability and capacity to evaluate and treat patients at such
facilities during a pandemic.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Defense Health Agency 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).
TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Industrial Base Matters
SEC. 5801. REPORT ON USE OF DOMESTIC NONAVAILABILITY DETERMINATIONS.
Not later than September 30, 2021, and annually thereafter, the
Secretary of Defense shall submit a report to congressional defense
committees--
(1) describing in detail the use of any waiver or exception
to the requirements of section 2533a of title 10, United States
Code, relating to domestic nonavailability determinations;
(2) providing reasoning for the use of each such waiver or
exception; and
(3) providing an assessment of the impact on the use of
such waivers or exceptions due to the COVID-19 pandemic and
associated challenges with investments in domestic sources.
SEC. 5802. REPORT ON THE EFFECT OF THE DEFENSE MANUFACTURING
COMMUNITIES SUPPORT PROGRAM ON THE DEFENSE SUPPLY CHAIN.
Not later than September 30, 2021, the Secretary of Defense shall
submit to Congress a report evaluating the effect of the Defense
Manufacturing Communities Support Program on the defense supply chain.
The evaluation should consider the program's effect on--
(1) the diversification of the supply chain;
(2) procurement costs; and
(3) efficient procurement processes.
SEC. 5803. IMPROVING IMPLEMENTATION OF POLICY PERTAINING TO THE
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
Section 803(d)(2) is deemed amended as follows:
(1) Subparagraph (A) of such section is deemed to read as
follows:
``(A) analysis of the national security impacts,
cost, and benefits to the United States and allies of
the inclusion of such additional member nation in the
national technology and industrial base, including
criticality to program and mission accomplishment;''.
(2) In the stem of subparagraph (B) of such section,
``costs,'' is deemed to be read ``impacts, costs,''.
(3) In clause (ii) of subparagraph (B) of such section
``base;'' is deemed to read ``base, including costs to
reconstitute capability should such capability be lost to
competition;''.
SEC. 5808. ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED CIRCUIT
BOARDS.
Section 808 is deemed to include at the end the following:
``(h) Sense of Congress on Mitigating Risks of Reliance on Certain
Sources of Supply and Manufacturing for Printed Circuit Boards.--It is
the sense of Congress that--
``(1) the Department of Defense must take steps to reduce
and mitigate risks of reliance on certain sources of supply and
manufacturing for printed circuit boards; and
``(2) the provisions of this section are intended to
augment, rather than reduce or supersede, current efforts to
reduce and mitigate such risks.''.
SEC. 5812. MISCELLANEOUS LIMITATIONS ON THE PROCUREMENT OF GOODS OTHER
THAN UNITED STATES GOODS.
Notwithstanding the amendments made by section 812--
(1) the subparagraph (A) proposed to be included in
subsection (a)(2) of section 2534 of title 10, United States
Code, shall not be included;
(2) subsection (b) of such section is deemed to read as
follows:
``(b) Manufacturer in the National Technology and Industrial
Base.--A manufacturer meets the requirements of this subsection if the
manufacturer is part of the national technology and industrial base.'';
and
(3) the amendment to subsection (h) of such section is
deemed to insert the following: ``subsection (a)(2)''.
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.
During the national emergency declared under the National
Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the
coronavirus disease 2019 (commonly referred to as ``COVID-19''), the
Secretary of Defense may waive section 2307(e)(2) of title 10, United
States Code, with respect to progress payments for any undefinitized
contract.
Subtitle E--Small Business Matters
SEC. 5871. OFFICE OF SMALL BUSINESS AND DISADVANTAGED BUSINESS
UTILIZATION.
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is
amended, in the matter preceding paragraph (1)--
(1) by inserting after the first sentence the following:
``If the Government Accountability Office has determined that a
Federal agency is not in compliance with all of the
requirements under this subsection, the Federal agency shall,
not later than 120 days after that determination or 120 days
after the date of enactment of this sentence, whichever is
later, 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 that includes
the reasons why the Federal agency is not in compliance and the
specific actions that the Federal agency will take to comply
with the requirements under this subsection.''; and
(2) by striking ``The management of each such office'' and
inserting ``The management of each 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.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 21(a) (15 U.S.C. 648(a))--
(A) in paragraph (1), by inserting before ``The
Administration shall require'' the following new
sentence: ``The previous sentence shall not apply to an
applicant that has its principal office located in the
Commonwealth of the Northern Mariana Islands.''; and
(B) in paragraph (4)(C)(ix), by striking ``and
American Samoa'' and inserting ``American Samoa, and
the Commonwealth of the Northern Mariana Islands''; and
(2) in section 34(a)(9) (15 U.S.C. 657d(a)(9)), by striking
``and American Samoa'' and inserting ``American Samoa, and the
Commonwealth of the Northern Mariana Islands''.
SEC. 5873. DISASTER DECLARATION IN RURAL AREAS.
(a) In General.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended by inserting after paragraph (15) the following:
``(16) Disaster declaration in rural areas.--
``(A) Definitions.--In this paragraph--
``(i) the term `rural area' means an area
with a population of less than 200,000 outside
an urbanized area; and
``(ii) the term `significant damage' means,
with respect to property, uninsured losses of
not less than 40 percent of the estimated fair
replacement value or pre-disaster fair market
value of the damaged property, whichever is
lower.
``(B) Disaster declaration.--Notwithstanding
section 123.3(a) of title 13, Code of Federal
Regulations, or any successor regulation, the
Administrator may declare a disaster in a rural area
for which a major disaster was declared by the
President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170) if--
``(i) the Governor of the State in which
the rural area is located requests such a
declaration; and
``(ii) any home, small business concern,
private nonprofit organization, or small
agricultural cooperative has incurred
significant damage in the rural area.
``(C) SBA report.--Not later than 120 days after
the date of enactment of this Act, and every year
thereafter, the Administrator shall 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 on, with respect to the 1-
year period preceding submission of the report--
``(i) any economic injury that resulted
from a major disaster declared by the President
under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170) in a rural area;
``(ii) each request for assistance made by
the Governor of a State under subparagraph
(B)(i) and the response of the Administrator,
including the timeline for each response; and
``(iii) any regulatory changes that will
impact the ability of communities in rural
areas to obtain disaster assistance under this
subsection.''.
(b) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall issue regulations to carry out the amendment made
by subsection (a).
(c) GAO Report.--
(1) Definition of rural area.--In this subsection, the term
``rural area'' means an area with a population of less than
200,000 outside an urbanized area.
(2) Report.--Not later than 120 days after the date of
enactment of this Act, the Comptroller General of the United
States shall 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 on--
(A) any unique challenges that communities in rural
areas face compared to communities in metropolitan
areas when seeking to obtain disaster assistance under
section 7(b) of the Small Business Act (15 U.S.C.
636(b)); and
(B) legislative recommendations for improving
access to disaster assistance for communities in rural
areas.
SEC. 5874. TEMPORARY EXTENSION FOR 8(A) PARTICIPANTS.
The Administrator of the Small Business Administration shall allow
a small business concern (as defined in section 3 of the Small Business
Act (15 U.S.C. 632)) participating in the program established under
section 8(a) of the Small Business Act (15 U.S.C. 637(a)) on the date
of enactment of this section to extend such participation by a period
of 1 year.
SEC. 5875. MAXIMUM AWARD PRICE FOR SOLE SOURCE MANUFACTURING CONTRACTS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 8 (15 U.S.C. 637)--
(A) in subsection (a)(1)(D)(i)(II), by striking
``$5,000,000'' and inserting ``$7,000,000''; and
(B) in subsection (m)--
(i) in paragraph (7)(B)(i), by striking
``$6,500,000'' and inserting ``$7,000,000'';
and
(ii) in paragraph (8)(B)(i), by striking
``$6,500,000'' and inserting ``$7,000,000'';
(2) in section 31(c)(2)(A)(ii)(I) (15 U.S.C.
657a(c)(2)(A)(ii)(I)), by striking ``$5,000,000'' and inserting
``$7,000,000''; and
(3) in section 36(a)(2)(A) (15 U.S.C. 657f(a)(2)(A)), by
striking ``$5,000,000'' and inserting ``$7,000,000''.
SEC. 5876. ANNUAL REPORTS REGARDING THE SBIR PROGRAM OF THE DEPARTMENT
OF DEFENSE.
(a) Definitions.--In this section--
(1) the term ``SBIR'' has the meaning given the term in
section 9(e)(4) of the Small Business Act (15 U.S.C.
638(e)(4)); and
(2) the term ``Secretary'' means the Secretary of Defense.
(b) Reports Required.--Not later than 90 days after the date of
enactment of this Act, and not later than 120 days after the end of
each fiscal year that begins after that date of enactment, the
Secretary, after consultation with the Secretary of each branch of the
Armed Forces, shall submit, through the Under Secretary of Defense for
Research and Engineering, to Congress a report that addresses--
(1) the ways in which the Secretary, as of the date on
which the report is submitted, is using incentives to
Department of Defense program managers under section 9(y)(6)(B)
of the Small Business Act (15 U.S.C. 638(y)(6)(B)) to increase
the number of Phase II SBIR contracts awarded by the Secretary
that lead to technology transition into programs of record or
fielded systems, which shall include the judgment of the
Secretary regarding the potential effect of providing monetary
incentives to those officers for that purpose;
(2) the extent to which the Department of Defense has
developed simplified and standardized procedures and model
contracts throughout the agency for Phase I, Phase II, and
Phase III SBIR awards, as required under section 9(hh)(2)(A)(i)
of the Small Business Act (15 U.S.C. 638(hh)(2)(A)(i));
(3) with respect to each report submitted under this
section after the submission of the first such report, the
extent to which any incentives described in this section and
implemented by the Secretary have resulted in an increased
number of Phase II contracts under the SBIR program of the
Department of Defense leading to technology transition into
programs of record or fielded systems;
(4) the extent to which Phase I, Phase II, and Phase III
projects under the SBIR program of the Department of Defense
align with the modernization priorities of the Department,
including with respect to artificial intelligence,
biotechnology, autonomy, cybersecurity, directed energy, fully
networked command, control, and communication systems,
microelectronics, quantum science, hypersonics, and space; and
(5) any other action taken, and proposed to be taken, to
increase the number of Department of Defense Phase II SBIR
contracts leading to technology transition into programs of
record or fielded systems.
SEC. 5877. SMALL BUSINESS LOANS FOR NONPROFIT CHILD CARE PROVIDERS.
Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is
amended by adding at the end the following:
``(10) Nonprofit child care providers.--
``(A) Definition.--In this paragraph, the term
`covered nonprofit child care provider' means an
organization--
``(i) that--
``(I) is in compliance with
licensing requirements for child care
providers of the State in which the
organization is located;
``(II) is 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
``(III) is primarily engaged in
providing child care for children from
birth to compulsory school age;
``(ii) for which each employee and regular
volunteer complies with the criminal background
check requirements under section 658H(b) of the
Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858f(b)); and
``(iii) that may--
``(I) provide care for school-age
children outside of school hours or
outside of the school year; or
``(II) offer preschool or
prekindergarten educational programs.
``(B) Eligibility for loan programs.--
Notwithstanding any other provision of this subsection,
a covered nonprofit child care provider shall be deemed
to be a small business concern for purposes of any
program under this Act or the Small Business Investment
Act of 1958 (15 U.S.C. 661 et seq.) under which--
``(i) the Administrator may make loans to
small business concerns;
``(ii) the Administrator may guarantee
timely payment of loans to small business
concerns; or
``(iii) the recipient of a loan made or
guaranteed by the Administrator may make loans
to small business concerns.''.
Subtitle G--Other Matters
SEC. 5891. LISTING OF OTHER TRANSACTION AUTHORITY CONSORTIA.
Beginning not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall maintain on the government-
wide point of entry for contracting opportunities, Beta.SAM.gov (or any
successor system), a list of the consortia used by the Department of
Defense to announce or otherwise make available contracting
opportunities using other transaction authority (OTA).
SEC. 5892. REPORT RECOMMENDING DISPOSITION OF NOTES TO CERTAIN SECTIONS
OF TITLE 10, UNITED STATES CODE.
(a) In General.--Not later than March 31, 2021, the Secretary of
Defense shall submit to the congressional defense committees a report
recommending the disposition of provisions of law found in the notes to
the following sections of title 10, United States Code:
(1) Section 2313.
(2) Section 2364.
(3) Section 2432.
(b) Elements.--The report required under subsection (a) shall
include--
(1) for each provision of law included as a note to a
section listed in such subsection, a recommendation whether
such provision--
(A) should be repealed because the provision is no
longer operative or is otherwise obsolete;
(B) should be codified as a section to title 10,
United States Code, because the section has, and is
anticipated to continue to have in the future,
significant relevance; or
(C) should remain as a note to such section; and
(2) any legislative proposals appropriate to improve the
intent and effect of the sections listed in such subsection.
(c) Technical Corrections.--(1) Section 2362(a) of title 10, United
States Code, is amended by striking ``Assistant Secretary of Defense
for Research and Engineering'' both places it appears and inserting
``Under Secretary of Defense for Research and Engineering''.
(2) Section 804(c) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2302 note) is
amended by striking ``The Assistant Secretary of Defense for Command,
Control, Communications, and Intelligence, in consultation with the
Under Secretary of Defense for Acquisition, Technology, and
Logistics,'' and inserting ``The Under Secretary of Defense for
Acquisition and Sustainment''.
SEC. 5893. APPLICABILITY OF REPORTING REQUIREMENT RELATED TO NOTIONAL
MILESTONES AND STANDARD TIMELINES FOR FOREIGN MILITARY
SALES.
Section 887 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115 -91; 22 U.S.C. 2761 note) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Applicability.--The reporting requirements under this section
apply only to foreign military sales processes within the Department of
Defense.''.
SEC. 5894. ADDITIONAL REQUIREMENTS RELATED TO MITIGATING RISKS RELATED
TO FOREIGN OWNERSHIP, CONTROL, OR INFLUENCE OF DEPARTMENT
OF DEFENSE CONTRACTORS AND SUBCONTRACTORS.
(a) Compliance Assessment.--Subparagraph (A) of paragraph (2) of
section 847(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended by adding at the end the
following new clause:
``(v) A requirement for the Secretary to require
reports and conduct examinations on a periodic basis of
covered contractors and subcontractors in order to
assess compliance with the requirements of this
section.''.
(b) Additional Requirements for Responsibility Determinations.--
Subparagraph (B) of such paragraph is amended--
(1) in clause (ii), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following new
clause:
``(iii) procedures for appropriately
responding to changes in contractor or
subcontractor beneficial ownership status based
on changes in disclosures of their beneficial
ownership relating to whether they are under
FOCI and based on the reports and examinations
required by subparagraph (A)(v); and''.
(c) Timelines and Milestones for Implementation.--
(1) Implementation plan.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide to the congressional defense committees a plan
and schedule for implementation of the requirements of section
847 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92), including--
(A) a timeline for issuance of regulations,
development of training for appropriate officials, and
development of systems for reporting of beneficial
ownership and FOCI by contractors and subcontractors;
(B) designation of officials and organizations
responsible for execution; and
(C) interim milestones to be met in implementing
the plan.
(2) Revision of regulations, directives, guidance,
training, and policies.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
revise relevant directives, guidance, training, and policies,
including revising the Defense Federal Acquisition Regulation
Supplement as needed, to fully implement section 847 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92), as amended by this section.
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.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on vulnerabilities in connection with
the provision of services by offshore technical support call centers to
the Department of Defense.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description and assessment of the location of all
offshore technical support call centers.
(2) A description and assessment of the types of
information shared by the Department with foreign nationals at
offshore technical support call centers.
(3) An assessment of the extent to which access to such
information by foreign nationals creates vulnerabilities to the
information technology network of the Department.
(c) Offshore Technical Support Call Center Defined.--In this
section, the term ``offshore technical support call center'' means a
call center that--
(1) is physically located outside the United States;
(2) employs individuals who are foreign nationals; and
(3) may be contacted by personnel of the Department to
provide technical support relating to technology used by the
Department.
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.
(a) Reports Required.--Not later than April 1 of each of 2021
through 2025, the Under Secretary of Defense (Comptroller) shall submit
to the congressional defense committees a report on improving the
following:
(1) Modernization of covered materials, including the
following:
(A) Updating the format of such materials in order
to account for significant improvements in document
management and data visualization.
(B) Expanding the scope and quality of data
included in such materials.
(2) Streamlining of the production of covered materials
within the Department of Defense.
(3) Transmission of covered materials to Congress.
(4) Availability of adequate resources and capabilities to
permit the Department to integrate changes to covered materials
together with its submittal of current covered materials.
(5) Promotion of the flow between the Department and the
congressional defense committees of other information required
by Congress for its oversight of budgeting for the Department
and the future-years defense programs.
(b) Covered Materials Defined.--In this section, the term ``covered
materials'' means the following:
(1) Materials submitted in support of the budget of the
President for a fiscal year under section 1105(a) of title 31,
United States Code.
(2) Materials submitted in connection with the future-years
defense program for a fiscal year under section 221 of title
10, United States Code.
SEC. 6002. REPORT ON FISCAL YEAR 2022 BUDGET REQUEST REQUIREMENTS IN
CONNECTION WITH AIR FORCE OPERATIONS IN THE ARCTIC.
The Secretary of the Air Force shall submit to the congressional
defense committees, not later than 30 days after submission of the
budget justification documents submitted to Congress in support of the
budget of the President for fiscal year 2022 (as submitted pursuant to
section 1105 of title 31, United States Code), a report that includes
the following:
(1) A description of the manner in which amounts requested
for the Air Force in the budget for fiscal year 2022 support
Air Force operations in the Arctic.
(2) A list of the procurement initiatives and research,
development, test, and evaluation initiatives funded by that
budget that are primarily intended to enhance the ability of
the Air Force to deploy to or operate in the Arctic region, or
to defend the northern approach to the United States homeland.
(3) An assessment of the adequacy of the infrastructure of
Air Force installations in Alaska and in the States along the
northern border of the continental United States to support
deployments to and operations in the Arctic region, including
an assessment of runways, fuel lines, and aircraft maintenance
capacity for purposes of such support.
SEC. 6003. PROVIDING INFORMATION TO STATES REGARDING UNDELIVERED
SAVINGS BONDS.
Section 3105 of title 31, United States Code, is amended by adding
at the end the following:
``(f)(1) Notwithstanding any other law to the contrary, the
Secretary shall provide each State, as digital or other electronically
searchable forms become available (including digital images), with
sufficient information to identify the registered owner of any
applicable savings bond with a registration address that is within such
State, including the serial number of the bond, the name and registered
address of such owner, and any registered beneficiaries.
``(2) The Secretary shall prescribe such regulations or other
guidance as may be necessary to carry out the purposes of this
subsection, including rules to--
``(A) protect the privacy of the owners of applicable
savings bonds;
``(B) ensure that any information provided to a State under
this subsection shall be used solely to locate such owners and
assist them in redeeming such bonds with the United States
Treasury; and
``(C) ensure that owners of applicable savings bonds
seeking to redeem such bonds with the United States Treasury
are able to do so in an expeditious manner.
``(3) Not later than 12 months after the date of enactment of this
subsection, and annually thereafter, the Secretary shall submit to the
Committee on Appropriations and the Committee on Finance of the Senate
a report assessing all efforts to satisfy the requirement under
paragraph (1).
``(4) For purposes of this subsection, the term `applicable savings
bond' means a matured and unredeemed savings bond.''.
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.
(a) Ineffectiveness of Section 1046.--Section 1046 shall have no
force or effect.
(b) In General.--Prior to a decision for basing a major weapon
system or an additional military unit comparable to or larger than a
battalion, squadron, or naval combatant for permanent basing to a host
nation with at-risk 5th generation (5G) or sixth generation (6G)
wireless network equipment, software, and services, including the use
of telecommunications equipment, software, and services provided by
vendors such as Huawei and ZTE, where United States military personnel
and their families will be directly connected or subscribers to
networks that include such at-risk equipment, software, and services in
their official duties or in the conduct of personal affairs, the
Secretary of Defense shall provide a certification to Congress that
includes--
(1) an acknowledgment by the host nation of the risk posed
by the network architecture;
(2) a description of steps being taken by the host nation
to mitigate any potential risks to the weapon systems, military
units, or personnel, and the Department of Defense's assessment
of those efforts;
(3) a description of steps being taken by the United States
Government to mitigate any potential risks to the weapon
systems, military units, or personnel; and
(4) a description of any defense mutual agreements between
the host nation and the United States intended to allay the
costs of risk mitigation posed by the at-risk infrastructure.
(c) Applicability.--The conditions in subsection (b) apply to the
permanent long-term stationing of equipment and personnel, and do not
apply to short-term deployments or rotational presence to military
installations outside the United States in connection with exercises,
dynamic force employment, contingency operations, or combat operations.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that contains an assessment
of--
(1) the risk to personnel, equipment, and operations of the
Department of Defense in host countries posed by the current or
intended use by such countries of 5G or 6G telecommunications
architecture provided by at-risk vendors; and
(2) measures required to mitigate the risk described in
paragraph (1), including the merit and feasibility of the
relocation of certain personnel or equipment of the Department
to another location without the presence of 5G or 6G
telecommunications architecture provided by at-risk vendors.
(e) Form.--The report required by subsection (c) shall be submitted
in a classified form with an unclassified summary.
SEC. 6047. ANTIDISCRIMINATION.
(a) Short Title.--This section may be cited as the ``Elijah E.
Cummings Federal Employee Antidiscrimination Act of 2020''.
(b) Sense of Congress.--Section 102 of the Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) accountability in the enforcement of the rights of
Federal employees is furthered when Federal agencies agree to
take appropriate disciplinary action against Federal employees
who are found to have intentionally committed discriminatory
(including retaliatory) acts;''; and
(2) in paragraph (5)(A)--
(A) by striking ``nor is accountability'' and
inserting ``accountability is not''; and
(B) by inserting ``for what, by law, the agency is
responsible'' after ``under this Act''.
(c) Notification of Violation.--Section 202 of the Notification and
Federal Employee Antidiscrimination and Retaliation Act of 2002 (5
U.S.C. 2301 note) is amended by adding at the end the following:
``(d) Notification of Final Agency Action.--
``(1) In general.--Not later than 90 days after the date on
which an event described in paragraph (2) occurs with respect
to a finding of discrimination (including retaliation), the
head of the Federal agency subject to the finding shall provide
notice--
``(A) on the public internet website of the agency,
in a clear and prominent location linked directly from
the home page of that website;
``(B) stating that a finding of discrimination
(including retaliation) has been made; and
``(C) which shall remain posted for not less than 1
year.
``(2) Events described.--An event described in this
paragraph is any of the following:
``(A) All appeals of a final action by a Federal
agency involving a finding of discrimination (including
retaliation) prohibited by a provision of law covered
by paragraph (1) or (2) of section 201(a) have been
exhausted.
``(B) All appeals of a final decision by the Equal
Employment Opportunity Commission involving a finding
of discrimination (including if the finding included a
finding of retaliation) prohibited by a provision of
law covered by paragraph (1) or (2) of section 201(a)
have been exhausted.
``(C) A court of jurisdiction issues a final
judgment involving a finding of discrimination
(including retaliation) prohibited by a provision of
law covered by paragraph (1) or (2) of section 201(a).
``(3) Contents.--A notification provided under paragraph
(1) with respect to a finding of discrimination (including
retaliation) shall--
``(A) identify the date on which the finding was
made, the date on which each discriminatory act
occurred, and the law violated by each such
discriminatory act; and
``(B) advise Federal employees of the rights and
protections available under the provisions of law
covered by paragraphs (1) and (2) of section 201(a).''.
(d) Reporting Requirements.--
(1) Electronic format requirement.--
(A) In general.--Section 203(a) of the Notification
and Federal Employee Antidiscrimination and Retaliation
Act of 2002 (5 U.S.C. 2301 note) is amended, in the
matter preceding paragraph (1)--
(i) by inserting ``Homeland Security and''
before ``Governmental Affairs'';
(ii) by striking ``on Government Reform''
and inserting ``on Oversight and Reform'';
(iii) by inserting ``any Member of Congress
(upon request to the agency),'' before ``the
Equal Employment Opportunity Commission''; and
(iv) by inserting ``(in an electronic
format prescribed by the Director of the Office
of Personnel Management),'' after ``an annual
report''.
(B) Effective date.--The amendment made by
subparagraph (A)(iii) shall take effect on the date
that is 1 year after the date of enactment of this Act.
(C) Transition period.--Notwithstanding the
requirements of section 203(a) of the Notification and
Federal Employee Antidiscrimination and Retaliation Act
of 2002 (5 U.S.C. 2301 note), the report required under
such section 203(a) may be submitted in an electronic
format, as prescribed by the Director of the Office of
Personnel Management, during the period beginning on
the date of enactment of this Act and ending on the
effective date in subparagraph (B).
(2) Reporting requirement for disciplinary action.--Section
203 of the Notification and Federal Employee Antidiscrimination
and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by
adding at the end the following:
``(c) Disciplinary Action Report.--Not later than 120 days after
the date on which a Federal agency takes final action, or a Federal
agency receives a final decision issued by the Equal Employment
Opportunity Commission, involving a finding of discrimination
(including retaliation) in violation of a provision of law covered by
paragraph (1) or (2) of section 201(a), as applicable, the applicable
Federal agency shall submit to the Commission a report stating--
``(1) whether disciplinary action has been proposed against
a Federal employee as a result of the violation; and
``(2) the reasons for any disciplinary action proposed
under paragraph (1).''.
(e) Data to Be Posted by Employing Federal Agencies.--Section
301(b) of the Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended--
(1) in paragraph (9)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B)(ii), by striking the period
at the end and inserting ``, and''; and
(C) by adding at the end the following:
``(C) with respect to each finding described in
subparagraph (A)--
``(i) the date of the finding,
``(ii) the affected Federal agency,
``(iii) the law violated, and
``(iv) whether a decision has been made
regarding disciplinary action as a result of
the finding.''; and
(2) by adding at the end the following:
``(11) Data regarding each class action complaint filed
against the agency alleging discrimination (including
retaliation), including--
``(A) information regarding the date on which each
complaint was filed,
``(B) a general summary of the allegations alleged
in the complaint,
``(C) an estimate of the total number of plaintiffs
joined in the complaint, if known,
``(D) the current status of the complaint,
including whether the class has been certified, and
``(E) the case numbers for the civil actions in
which discrimination (including retaliation) has been
found.''.
(f) Data to Be Posted by the Equal Employment Opportunity
Commission.--Section 302(b) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is
amended by striking ``(10)'' and inserting ``(11)''.
(g) Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 Amendments.--
(1) Notification requirements.--Title II of the
Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by
adding at the end the following:
``SEC. 207. COMPLAINT TRACKING.
``Not later than 1 year after the date of enactment of the Elijah
E. Cummings Federal Employee Antidiscrimination Act of 2019, each
Federal agency shall establish a system to track each complaint of
discrimination arising under section 2302(b)(1) of title 5, United
States Code, and adjudicated through the Equal Employment Opportunity
process from the filing of a complaint with the Federal agency to
resolution of the complaint, including whether a decision has been made
regarding disciplinary action as the result of a finding of
discrimination.
``SEC. 208. NOTATION IN PERSONNEL RECORD.
``If a Federal agency takes an adverse action covered under section
7512 of title 5, United States Code, against a Federal employee for an
act of discrimination (including retaliation) prohibited by a provision
of law covered by paragraph (1) or (2) of section 201(a), the agency
shall, after all appeals relating to that action have been exhausted,
include a notation of the adverse action and the reason for the action
in the personnel record of the employee.''.
(2) Processing and referral.--The Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002 (5
U.S.C. 2301 note) is amended by adding at the end the
following:
``TITLE IV--PROCESSING AND REFERRAL
``SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS.
``Each Federal agency shall--
``(1) be responsible for the fair and impartial processing
and resolution of complaints of employment discrimination
(including retaliation) prohibited by a provision of law
covered by paragraph (1) or (2) of section 201(a); and
``(2) establish a model Equal Employment Opportunity
Program that--
``(A) is not under the control, either structurally
or practically, of the agency's Office of Human Capital
or Office of the General Counsel (or the equivalent);
``(B) is devoid of internal conflicts of interest
and ensures fairness and inclusiveness within the
agency; and
``(C) ensures the efficient and fair resolution of
complaints alleging discrimination (including
retaliation).
``SEC. 402. NO LIMITATION ON ADVICE OR COUNSEL.
``Nothing in this title shall prevent a Federal agency or a
subcomponent of a Federal agency, or the Department of Justice, from
providing advice or counsel to employees of that agency (or
subcomponent, as applicable) in the resolution of a complaint.
``SEC. 403. HEAD OF PROGRAM SUPERVISED BY HEAD OF AGENCY.
``The head of each Federal agency's Equal Employment Opportunity
Program shall report directly to the head of the agency.
``SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION.
``(a) EEOC Findings of Discrimination.--
``(1) In general.--Not later than 30 days after the date on
which the Equal Employment Opportunity Commission (referred to
in this section as the `Commission') receives, or should have
received, a Federal agency report required under section
203(c), the Commission may refer the matter to which the report
relates to the Office of Special Counsel if the Commission
determines that the Federal agency did not take appropriate
action with respect to the finding that is the subject of the
report.
``(2) Notifications.--The Commission shall--
``(A) notify the applicable Federal agency if the
Commission refers a matter to the Office of Special
Counsel under paragraph (1); and
``(B) with respect to a fiscal year, include in the
Annual Report of the Federal Workforce of the
Commission covering that fiscal year--
``(i) the number of referrals made under
paragraph (1) during that fiscal year; and
``(ii) a brief summary of each referral
described in clause (i).
``(b) Referrals to Special Counsel.--The Office of Special Counsel
shall accept and review a referral from the Commission under subsection
(a)(1) for purposes of pursuing disciplinary action under the authority
of the Office against a Federal employee who commits an act of
discrimination (including retaliation).
``(c) Notification.--The Office of Special Counsel shall notify the
Commission and the applicable Federal agency in a case in which--
``(1) the Office of Special Counsel pursues disciplinary
action under subsection (b); and
``(2) the Federal agency imposes some form of disciplinary
action against a Federal employee who commits an act of
discrimination (including retaliation).
``(d) Special Counsel Approval.--A Federal agency may not take
disciplinary action against a Federal employee for an alleged act of
discrimination (including retaliation) referred by the Commission under
this section, except in accordance with the requirements of section
1214(f) of title 5, United States Code.''.
(3) Conforming amendments.--The table of contents in
section 1(b) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended--
(A) by inserting after the item relating to section
206 the following:
``Sec. 207. Complaint tracking.
``Sec. 208. Notation in personnel record.''; and
(B) by adding at the end the following:
``TITLE IV--PROCESSING AND REFERRAL
``Sec. 401. Processing and resolution of complaints.
``Sec. 402. No limitation on advice or counsel.
``Sec. 403. Head of Program supervised by head of agency.
``Sec. 404. Referrals of findings of discrimination.''.
(h) Nondisclosure Agreement Limitation.--Section 2302(b)(13) of
title 5, United States Code, is amended--
(1) by striking ``agreement does not'' and inserting the
following: ``agreement--
``(A) does not'';
(2) in subparagraph (A), as so designated, by inserting
``or the Office of Special Counsel'' after ``Inspector
General''; and
(3) by adding at the end the following:
``(B) prohibits or restricts an employee or
applicant for employment from disclosing to Congress,
the Special Counsel, the Inspector General of an
agency, or any other agency component responsible for
internal investigation or review any information that
relates to any violation of any law, rule, or
regulation, or mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific
danger to public health or safety, or any other
whistleblower protection; or''.
Subtitle F--Studies and Reports
SEC. 6061. MARITIME SECURITY AND DOMAIN AWARENESS.
(a) Progress Report on Maritime Security.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, the Secretary of the
Department in which the Coast Guard is operating, and the heads
of other appropriate Federal agencies, shall submit to the
congressional defense committees a report on the steps taken
since December 20, 2019, to make further use of the following
mechanisms to combat IUU fishing:
(A) Inclusion of counter-IUU fishing in existing
shiprider agreements to which the United States is a
party.
(B) Entry into shiprider agreements that include
counter-IUU fishing with priority flag states and
countries in priority regions with which the United
States does not already have such agreements.
(C) Inclusion of counter-IUU fishing in the mission
of the Combined Maritime Forces.
(D) Inclusion of counter-IUU fishing exercises in
the annual at-sea exercises conducted by the Department
of Defense, in coordination with the United States
Coast Guard.
(E) Development of partnerships similar to the
Oceania Maritime Security Initiative and the Africa
Maritime Law Enforcement Partnership in other priority
regions.
(2) Element.--The report required by paragraph (1) shall
include a description of specific steps taken by the Secretary
of the Navy with respect to each mechanism described in
paragraph (1), including a detailed description of any security
cooperation engagement undertaken to combat IUU fishing by such
mechanisms and resulting coordination between the Department of
the Navy and the Coast Guard.
(b) Assessment of Service Coordination on Maritime Domain
Awareness.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Navy shall
enter into an agreement with the Secretary of the department in
which the Coast Guard is operating, in consultation with the
Secretary of Commerce, to assess the available commercial
solutions for collecting, sharing, and disseminating among
United States maritime services and partner countries maritime
domain awareness information relating to illegal maritime
activities, including IUU fishing.
(2) Elements.--The assessment carried out pursuant to an
agreement under paragraph (1) shall--
(A) build on the ongoing Coast Guard assessment
related to autonomous vehicles;
(B) consider appropriate commercially and
academically available technological solutions; and
(C) consider any limitation related to
affordability, exportability, maintenance, and
sustainment requirements and any other factor that may
constrain the suitability of such solutions for use in
a joint and combined environment, including the
potential provision of such solutions to one or more
partner countries.
(3) Submittal to congress.--Not later than one year after
entering into an agreement under paragraph (1), the Secretary
of the Navy shall submit to the Committee on Armed Services,
the Committee on Commerce, Science, and Transportation, and the
Committee on Appropriations of the Senate and the Committee on
Armed Services, the Committee on Natural Resources, the
Committee on Transportation and Infrastructure, and the
Committee on Appropriations of the House of Representatives the
assessment prepared in accordance with the agreement.
(c) Report on Use of Fishing Fleets by Foreign Governments.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of Naval
Intelligence shall submit to the Committee on Armed Services,
the Committee on Commerce, Science, and Transportation, and the
Committee on Appropriations of the Senate and the Committee on
Armed Services, the Committee on Natural Resources, the
Committee on Transportation and Infrastructure, and the
Committee on Appropriations of the House of Representatives a
report on the use by governments of foreign countries of
distant-water fishing fleets as extensions of the official
maritime security forces of such countries.
(2) Element.--The report required by paragraph (1) shall
include the following:
(A) An analysis of the manner in which fishing
fleets are leveraged in support of the naval operations
and policies of foreign countries more generally.
(B) A consideration of--
(i) threats posed, on a country-by-country
basis, to the fishing vessels and other vessels
of the United States and partner countries;
(ii) risks to Navy and Coast Guard
operations of the United States, and the naval
and coast guard operations of partner
countries; and
(iii) the broader challenge to the
interests of the United States and partner
countries.
(3) Form.--The report required by paragraph (1) shall be in
unclassified form, but may include a classified annex.
(d) Definitions.--In this section, any term that is also used in
the Maritime SAFE Act (Public Law 116-92) shall have the meaning given
such term in that Act.
SEC. 6062. REPORT ON PANDEMIC PREPAREDNESS AND PLANNING OF THE NAVY.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of the Navy shall submit to the congressional
defense committees a report containing a description of the plans of
the Navy to prepare for and respond to future pandemics, including
future outbreaks of the Coronavirus Disease 2019 (COVID-19). The report
shall include a written description of plans, including any necessary
corresponding budgetary actions, for the following:
(1) Efforts to prevent and mitigate the impacts of future
pandemics at both private and public shipyards, and to protect
the health and safety of both military personnel and civilian
workers at such shipyards.
(2) Protocol and mitigation strategies once an outbreak of
a highly contagious illness occurs aboard a Navy vessel while
underway.
(3) Development and adoption of technologies and protocols
to prevent and mitigate the spread of future pandemics aboard
Navy ships and among Navy personnel, including technologies and
protocols in connection with the following:
(A) Artificial intelligence and data-driven
infectious disease modeling and interventions.
(B) Shipboard airflow management and disinfectant
technologies.
(C) Personal protective equipment, sensors, and
diagnostic systems.
(D) Minimally crewed and autonomous supply
vehicles.
SEC. 6063. STUDY AND REPORT ON THE AFFORDABILITY OF INSULIN.
The Secretary of Health and Human Services, acting through the
Assistant Secretary for Planning and Evaluation, shall--
(1) conduct a study that examines, for each type or
classification of diabetes (including type 1 diabetes, type 2
diabetes, gestational diabetes, and other conditions causing
reliance on insulin), the effect of the affordability of
insulin on--
(A) adherence to insulin prescriptions;
(B) rates of diabetic ketoacidosis;
(C) downstream impacts of insulin adherence,
including rates of dialysis treatment and end-stage
renal disease;
(D) spending by Federal health programs on acute
episodes that could have been averted by adhering to an
insulin prescription; and
(E) other factors, as appropriate, to understand
the impacts of insulin affordability on health
outcomes, Federal Government spending (including under
the Medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) and the Medicaid
program under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.)), and insured and uninsured
individuals with diabetes; and
(2) not later than 2 years after the date of enactment of
this Act, submit to Congress a report on the study conducted
under paragraph (1).
Subtitle G--Other Matters
SEC. 6081. MODIFICATION TO FIRST DIVISION MONUMENT.
(a) Authorization.--The Society of the First Infantry Division may
make modifications to the First Division Monument located on Federal
land in President's Park in the District of Columbia to honor the dead
of the First Infantry Division, United States Forces, in--
(1) Operation Desert Storm;
(2) Operation Iraqi Freedom and New Dawn; and
(3) Operation Enduring Freedom.
(b) Modifications.--Modifications to the First Division Monument
may include construction of additional plaques and stone plinths on
which to put plaques.
(c) Applicability of Commemorative Works Act.--Chapter 89 of title
40, United States Code (commonly known as the ``Commemorative Works
Act''), shall apply to the design and placement of the commemorative
elements authorized by this section, except that subsections (b) and
(c) of section 8903 shall not apply.
(d) Collaboration.--The First Infantry Division of the Department
of the Army shall collaborate with the Secretary of Defense to provide
to the Society of the First Infantry Division the list of names to be
added to the First Division Monument in accordance with subsection (a).
(e) Funding.--Federal funds may not be used for modifications of
the First Division Monument authorized by this section.
SEC. 6082. ESTIMATE OF DAMAGES FROM FEDERAL COMMUNICATIONS COMMISSION
ORDER 20-48.
Section 1083 is deemed to include at the end the following:
``(d) Distribution of Estimate.--As soon as practicable after
submitting an estimate as described in paragraph (1) of subsection (a)
and making the certification described in paragraph (2) of such
subsection, the Secretary shall make such estimate available to any
licensee operating under the order and authorization described in such
subsection.
``(e) Authority of Secretary of Defense to Seek Recovery of
Costs.--The Secretary of Defense may work directly with any licensee
(or any future assignee, successor, or purchaser) affected by the Order
and Authorization adopted by the Federal Communications Commission on
April 19, 2020 (FCC 20-48) to seek recovery of costs incurred by the
Department of Defense as a result of the effect of such order and
authorization.
``(f) Reimbursement.--
``(1) In general.--The Secretary shall establish and
facilitate a process for any licensee (or any future assignee,
successor, or purchaser) subject to the authorization and order
described in subsection (a) to provide reimbursement to the
Department of Defense, only to the extent provided in
appropriations Acts, for the covered costs and eligible
reimbursable costs submitted and certified to the congressional
defense committees under such subsection.
``(2) Use of funds.--The Secretary shall use any funds
received under this subsection, to the extent and in such
amounts as are provided in advance in appropriations Acts, for
covered costs described in subsection (b) and the range of
eligible reimbursable costs identified under subsection (a)(1).
``(3) Report.--Not later than 90 days after the date on
which the Secretary establishes the process required by
paragraph (1), the Secretary shall submit to the congressional
defense committees a report on such process.
``(g) Good Faith.--The execution of the responsibilities of this
section by the Department of Defense shall be considered to be good
faith actions pursuant to paragraph 104 of the Order and Authorization
(FCC 20-48) described in subsection (a).''.
SEC. 6083. DIESEL EMISSIONS REDUCTION.
(a) Reauthorization of Diesel Emissions Reduction Program.--Section
797(a) of the Energy Policy Act of 2005 (42 U.S.C. 16137(a)) is amended
by striking ``2016'' and inserting ``2024''.
(b) Recognizing Differences in Diesel Vehicle, Engine, Equipment,
and Fleet Use.--
(1) National grant, rebate, and loan programs.--Section
792(c)(4)(D) of the Energy Policy Act of 2005 (42 U.S.C.
16132(c)(4)(D)) is amended by inserting ``, recognizing
differences in typical vehicle, engine, equipment, and fleet
use throughout the United States'' before the semicolon.
(2) State grant, rebate, and loan programs.--Section
793(b)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16133(b)(1)) is amended--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon; and
(B) by adding at the end the following:
``(D) the recognition, for purposes of implementing
this section, of differences in typical vehicle,
engine, equipment, and fleet use throughout the United
States, including expected useful life; and''.
(c) Reallocation of Unused State Funds.--Section 793(c)(2)(C) of
the Energy Policy Act of 2005 (42 U.S.C. 16133(c)(2)(C)) is amended
beginning in the matter preceding clause (i) by striking ``to each
remaining'' and all that follows through ``this paragraph'' in clause
(ii) and inserting ``to carry out section 792''.
SEC. 6084. UTILIZING SIGNIFICANT EMISSIONS WITH INNOVATIVE
TECHNOLOGIES.
(a) Short Title.--This section may be cited as the ``Utilizing
Significant Emissions with Innovative Technologies Act'' or the ``USE
IT Act''.
(b) Research, Investigation, Training, and Other Activities.--
Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended--
(1) in subsection (c)(3), in the first sentence of the
matter preceding subparagraph (A), by striking ``percursors''
and inserting ``precursors''; and
(2) in subsection (g)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and
indenting appropriately;
(B) in the undesignated matter following
subparagraph (D) (as so redesignated)--
(i) in the second sentence, by striking
``The Administrator'' and inserting the
following:
``(5) Coordination and avoidance of duplication.--The
Administrator''; and
(ii) in the first sentence, by striking
``Nothing'' and inserting the following:
``(4) Effect of subsection.--Nothing'';
(C) in the matter preceding subparagraph (A) (as so
redesignated)--
(i) in the third sentence, by striking
``Such program'' and inserting the following:
``(3) Program inclusions.--The program under this
subsection'';
(ii) in the second sentence--
(I) by inserting ``States,
institutions of higher education,''
after ``scientists,''; and
(II) by striking ``Such strategies
and technologies shall be developed''
and inserting the following:
``(2) Participation requirement.--Such strategies and
technologies described in paragraph (1) shall be developed'';
and
(iii) in the first sentence, by striking
``In carrying out'' and inserting the
following:
``(1) In general.--In carrying out''; and
(D) by adding at the end the following:
``(6) Certain carbon dioxide activities.--
``(A) In general.--In carrying out paragraph (3)(A)
with respect to carbon dioxide, the Administrator shall
carry out the activities described in each of
subparagraphs (B), (C), (D), and (E).
``(B) Direct air capture research.--
``(i) Definitions.--In this subparagraph:
``(I) Board.--The term `Board'
means the Direct Air Capture Technology
Advisory Board established by clause
(iii)(I).
``(II) Dilute.--The term `dilute'
means a concentration of less than 1
percent by volume.
``(III) Direct air capture.--
``(aa) In general.--The
term `direct air capture', with
respect to a facility,
technology, or system, means
that the facility, technology,
or system uses carbon capture
equipment to capture carbon
dioxide directly from the air.
``(bb) Exclusion.--The term
`direct air capture' does not
include any facility,
technology, or system that
captures carbon dioxide--
``(AA) that is
deliberately released
from a naturally
occurring subsurface
spring; or
``(BB) using
natural photosynthesis.
``(IV) Intellectual property.--The
term `intellectual property' means--
``(aa) an invention that is
patentable under title 35,
United States Code; and
``(bb) any patent on an
invention described in item
(aa).
``(ii) Technology prizes.--
``(I) In general.--Not later than 1
year after the date of enactment of the
USE IT Act, the Administrator, in
consultation with the Secretary of
Energy, shall establish a program to
provide, and shall provide, financial
awards on a competitive basis for
direct air capture from media in which
the concentration of carbon dioxide is
dilute.
``(II) Duties.--In carrying out
this clause, the Administrator shall--
``(aa) subject to subclause
(III), develop specific
requirements for--
``(AA) the
competition process;
and
``(BB) the
demonstration of
performance of approved
projects;
``(bb) offer financial
awards for a project designed--
``(AA) to the
maximum extent
practicable, to capture
more than 10,000 tons
of carbon dioxide per
year; and
``(BB) to operate
in a manner that would
be commercially viable
in the foreseeable
future (as determined
by the Board); and
``(cc) to the maximum
extent practicable, make
financial awards to
geographically diverse
projects, including at least--
``(AA) 1 project in
a coastal State; and
``(BB) 1 project in
a rural State.
``(III) Public participation.--In
carrying out subclause (II)(aa), the
Administrator shall--
``(aa) provide notice of
and, for a period of not less
than 60 days, an opportunity
for public comment on, any
draft or proposed version of
the requirements described in
subclause (II)(aa); and
``(bb) take into account
public comments received in
developing the final version of
those requirements.
``(iii) Direct air capture technology
advisory board.--
``(I) Establishment.--There is
established an advisory board to be
known as the `Direct Air Capture
Technology Advisory Board'.
``(II) Composition.--The Board
shall be composed of 9 members
appointed by the Administrator, who
shall provide expertise in--
``(aa) climate science;
``(bb) physics;
``(cc) chemistry;
``(dd) biology;
``(ee) engineering;
``(ff) economics;
``(gg) business management;
and
``(hh) such other
disciplines as the
Administrator determines to be
necessary to achieve the
purposes of this subparagraph.
``(III) Term; vacancies.--
``(aa) Term.--A member of
the Board shall serve for a
term of 6 years.
``(bb) Vacancies.--A
vacancy on the Board--
``(AA) shall not
affect the powers of
the Board; and
``(BB) shall be
filled in the same
manner as the original
appointment was made.
``(IV) Initial meeting.--Not later
than 30 days after the date on which
all members of the Board have been
appointed, the Board shall hold the
initial meeting of the Board.
``(V) Meetings.--The Board shall
meet at the call of the Chairperson or
on the request of the Administrator.
``(VI) Quorum.--A majority of the
members of the Board shall constitute a
quorum, but a lesser number of members
may hold hearings.
``(VII) Chairperson and vice
chairperson.--The Board shall select a
Chairperson and Vice Chairperson from
among the members of the Board.
``(VIII) Compensation.--Each member
of the Board may be compensated at not
to exceed the daily equivalent of the
annual rate of basic pay in effect for
a position at level V of the Executive
Schedule under section 5316 of title 5,
United States Code, for each day during
which the member is engaged in the
actual performance of the duties of the
Board.
``(IX) Duties.--The Board shall
advise the Administrator on carrying
out the duties of the Administrator
under this subparagraph.
``(X) FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall
apply to the Board.
``(iv) Intellectual property.--
``(I) In general.--As a condition
of receiving a financial award under
this subparagraph, an applicant shall
agree to vest the intellectual property
of the applicant derived from the
technology in 1 or more entities that
are incorporated in the United States.
``(II) Reservation of license.--The
United States--
``(aa) may reserve a
nonexclusive, nontransferable,
irrevocable, paid-up license,
to have practiced for or on
behalf of the United States, in
connection with any
intellectual property described
in subclause (I); but
``(bb) shall not, in the
exercise of a license reserved
under item (aa), publicly
disclose proprietary
information relating to the
license.
``(III) Transfer of title.--Title
to any intellectual property described
in subclause (I) shall not be
transferred or passed, except to an
entity that is incorporated in the
United States, until the expiration of
the first patent obtained in connection
with the intellectual property.
``(v) Authorization of appropriations.--
``(I) In general.--Of the amounts
authorized to be appropriated for the
Environmental Protection Agency,
$35,000,000 shall be available to carry
out this subparagraph, to remain
available until expended.
``(II) Requirement.--Research
carried out using amounts made
available under subclause (I) may not
duplicate research funded by the
Department of Energy.
``(vi) Termination of authority.--The Board
and all authority provided under this
subparagraph shall terminate not later than 10
years after the date of enactment of the USE IT
Act.
``(C) Carbon dioxide utilization research.--
``(i) Definition of carbon dioxide
utilization.--In this subparagraph, the term
`carbon dioxide utilization' refers to
technologies or approaches that lead to the use
of carbon dioxide--
``(I) through the fixation of
carbon dioxide through photosynthesis
or chemosynthesis, such as through the
growing of algae or bacteria;
``(II) through the chemical
conversion of carbon dioxide to a
material or chemical compound in which
the carbon dioxide is securely stored;
or
``(III) through the use of carbon
dioxide for any other purpose for which
a commercial market exists, as
determined by the Administrator.
``(ii) Program.--The Administrator, in
consultation with the Secretary of Energy,
shall carry out a research and development
program for carbon dioxide utilization to
promote existing and new technologies that
transform carbon dioxide generated by
industrial processes into a product of
commercial value, or as an input to products of
commercial value.
``(iii) Technical and financial
assistance.--Not later than 2 years after the
date of enactment of the USE IT Act, in
carrying out this subsection, the
Administrator, in consultation with the
Secretary of Energy, shall support research and
infrastructure activities relating to carbon
dioxide utilization by providing technical
assistance and financial assistance in
accordance with clause (iv).
``(iv) Eligibility.--To be eligible to
receive technical assistance and financial
assistance under clause (iii), a carbon dioxide
utilization project shall--
``(I) have access to an emissions
stream generated by a stationary source
within the United States that is
capable of supplying not less than 250
metric tons per day of carbon dioxide
for research;
``(II) have access to adequate
space for a laboratory and equipment
for testing small-scale carbon dioxide
utilization technologies, with onsite
access to larger test bays for scale-
up; and
``(III) have existing partnerships
with institutions of higher education,
private companies, States, or other
government entities.
``(v) Coordination.--In supporting carbon
dioxide utilization projects under this
paragraph, the Administrator shall consult with
the Secretary of Energy, and, as appropriate,
with the head of any other relevant Federal
agency, States, the private sector, and
institutions of higher education to develop
methods and technologies to account for the
carbon dioxide emissions avoided by the carbon
dioxide utilization projects.
``(vi) Authorization of appropriations.--
``(I) In general.--Of the amounts
authorized to be appropriated for the
Environmental Protection Agency,
$50,000,000 shall be available to carry
out this subparagraph, to remain
available until expended.
``(II) Requirement.--Research
carried out using amounts made
available under subclause (I) may not
duplicate research funded by the
Department of Energy.
``(D) Deep saline formation report.--
``(i) Definition of deep saline
formation.--
``(I) In general.--In this
subparagraph, the term `deep saline
formation' means a formation of
subsurface geographically extensive
sedimentary rock layers saturated with
waters or brines that have a high total
dissolved solids content and that are
below the depth where carbon dioxide
can exist in the formation as a
supercritical fluid.
``(II) Clarification.--In this
subparagraph, the term `deep saline
formation' does not include oil and gas
reservoirs.
``(ii) Report.--In consultation with the
Secretary of Energy, and, as appropriate, with
the head of any other relevant Federal agency
and relevant stakeholders, not later than 1
year after the date of enactment of the USE IT
Act, the Administrator shall prepare, submit to
Congress, and make publicly available a report
that includes--
``(I) a comprehensive
identification of potential risks and
benefits to project developers
associated with increased storage of
carbon dioxide captured from stationary
sources in deep saline formations,
using existing research;
``(II) recommendations, if any, for
managing the potential risks identified
under subclause (I), including
potential risks unique to public land;
and
``(III) recommendations, if any,
for Federal legislation or other policy
changes to mitigate any potential risks
identified under subclause (I).
``(E) Report on carbon dioxide nonregulatory
strategies and technologies.--
``(i) In general.--Not less frequently than
once every 2 years, the Administrator shall
submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Energy and Commerce of the House of
Representatives a report that describes--
``(I) the recipients of assistance
under subparagraphs (B) and (C); and
``(II) a plan for supporting
additional nonregulatory strategies and
technologies that could significantly
prevent carbon dioxide emissions or
reduce carbon dioxide levels in the
air, in conjunction with other Federal
agencies.
``(ii) Inclusions.--The plan submitted
under clause (i) shall include--
``(I) a methodology for evaluating
and ranking technologies based on the
ability of the technologies to cost
effectively reduce carbon dioxide
emissions or carbon dioxide levels in
the air; and
``(II) a description of any nonair-
related environmental or energy
considerations regarding the
technologies.
``(F) GAO report.--The Comptroller General of the
United States shall submit to Congress a report that--
``(i) identifies all Federal grant programs
in which a purpose of a grant under the program
is to perform research on carbon capture and
utilization technologies, including direct air
capture technologies; and
``(ii) examines the extent to which the
Federal grant programs identified pursuant to
clause (i) overlap or are duplicative.''.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
(referred to in this section as the ``Administrator'') shall submit to
Congress a report describing how funds appropriated to the
Administrator during the 5 most recent fiscal years have been used to
carry out section 103 of the Clean Air Act (42 U.S.C. 7403), including
a description of--
(1) the amount of funds used to carry out specific
provisions of that section; and
(2) the practices used by the Administrator to
differentiate funding used to carry out that section, as
compared to funding used to carry out other provisions of law.
(d) Inclusion of Carbon Capture Infrastructure Projects.--Section
41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by
inserting ``carbon capture,'' after ``manufacturing,'';
(B) in clause (i)(III), by striking ``or'' at the
end;
(C) by redesignating clause (ii) as clause (iii);
and
(D) by inserting after clause (i) the following:
``(ii) is covered by a programmatic plan or
environmental review developed for the primary
purpose of facilitating development of carbon
dioxide pipelines; or''; and
(2) by adding at the end the following:
``(C) Inclusion.--For purposes of subparagraph (A),
construction of infrastructure for carbon capture
includes construction of--
``(i) any facility, technology, or system
that captures, utilizes, or sequesters carbon
dioxide emissions, including projects for
direct air capture (as defined in paragraph
(6)(B)(i) of section 103(g) of the Clean Air
Act (42 U.S.C. 7403(g)); and
``(ii) carbon dioxide pipelines.''.
(e) Development of Carbon Capture, Utilization, and Sequestration
Report, Permitting Guidance, and Regional Permitting Task Force.--
(1) Definitions.--In this subsection:
(A) Carbon capture, utilization, and sequestration
projects.--The term ``carbon capture, utilization, and
sequestration projects'' includes projects for direct
air capture (as defined in paragraph (6)(B)(i) of
section 103(g) of the Clean Air Act (42 U.S.C.
7403(g))).
(B) Efficient, orderly, and responsible.--The term
``efficient, orderly, and responsible'' means, with
respect to development or the permitting process for
carbon capture, utilization, and sequestration projects
and carbon dioxide pipelines, a process that is
completed in an expeditious manner while maintaining
environmental, health, and safety protections.
(2) Report.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Chair of the Council
on Environmental Quality (referred to in this section
as the ``Chair''), in consultation with the
Administrator of the Environmental Protection Agency,
the Secretary of Energy, the Secretary of the Interior,
the Executive Director of the Federal Permitting
Improvement Council, and the head of any other relevant
Federal agency (as determined by the President), shall
prepare a report that--
(i) compiles all existing relevant Federal
permitting and review information and resources
for project applicants, agencies, and other
stakeholders interested in the deployment of
carbon capture, utilization, and sequestration
projects and carbon dioxide pipelines,
including--
(I) the appropriate points of
interaction with Federal agencies;
(II) clarification of the
permitting responsibilities and
authorities among Federal agencies; and
(III) best practices and templates
for permitting;
(ii) inventories current or emerging
activities that transform captured carbon
dioxide into a product of commercial value, or
as an input to products of commercial value;
(iii) inventories existing initiatives and
recent publications that analyze or identify
priority carbon dioxide pipelines needed to
enable efficient, orderly, and responsible
development of carbon capture, utilization, and
sequestration projects at increased scale;
(iv) identifies gaps in the current Federal
regulatory framework for the deployment of
carbon capture, utilization, and sequestration
projects and carbon dioxide pipelines; and
(v) identifies Federal financing mechanisms
available to project developers.
(B) Submission; publication.--The Chair shall--
(i) submit the report under subparagraph
(A) to the Committee on Environment and Public
Works of the Senate and the Committee on Energy
and Commerce of the House of Representatives;
and
(ii) as soon as practicable, make the
report publicly available.
(3) Guidance.--
(A) In general.--After submission of the report
under paragraph (2)(B), but not later than 1 year after
the date of enactment of this Act, the Chair shall
submit guidance consistent with that report to all
relevant Federal agencies that--
(i) facilitates reviews associated with the
deployment of carbon capture, utilization, and
sequestration projects and carbon dioxide
pipelines; and
(ii) supports the efficient, orderly, and
responsible development of carbon capture,
utilization, and sequestration projects and
carbon dioxide pipelines.
(B) Requirements.--
(i) In general.--The guidance under
subparagraph (A) shall address requirements
under--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(II) the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.);
(III) the Clean Air Act (42 U.S.C.
7401 et seq.);
(IV) the Safe Drinking Water Act
(42 U.S.C. 300f et seq.);
(V) the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);
(VI) division A of subtitle III of
title 54, United States Code (formerly
known as the ``National Historic
Preservation Act'');
(VII) the Migratory Bird Treaty Act
(16 U.S.C. 703 et seq.);
(VIII) the Act of June 8, 1940 (16
U.S.C. 668 et seq.) (commonly known as
the ``Bald and Golden Eagle Protection
Act''); and
(IX) any other Federal law that the
Chair determines to be appropriate.
(ii) Environmental reviews.--The guidance
under subparagraph (A) shall include direction
to States and other interested parties for the
development of programmatic environmental
reviews under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) for carbon
capture, utilization, and sequestration
projects and carbon dioxide pipelines.
(iii) Public involvement.--The guidance
under subparagraph (A) shall be subject to the
public notice, comment, and solicitation of
information procedures under section 1506.6 of
title 40, Code of Federal Regulations (or a
successor regulation).
(C) Submission; publication.--The Chair shall--
(i) submit the guidance under subparagraph
(A) to the Committee on Environment and Public
Works of the Senate and the Committee on Energy
and Commerce of the House of Representatives;
and
(ii) as soon as practicable, make the
guidance publicly available.
(D) Evaluation.--The Chair shall--
(i) periodically evaluate the reports of
the task forces under paragraph (4)(E) and, as
necessary, revise the guidance under
subparagraph (A); and
(ii) each year, submit to the Committee on
Environment and Public Works of the Senate, the
Committee on Energy and Commerce of the House
of Representatives, and relevant Federal
agencies a report that describes any
recommendations for legislation, rules,
revisions to rules, or other policies that
would address the issues identified by the task
forces under paragraph (4)(E).
(4) Task force.--
(A) Establishment.--Not later than 18 months after
the date of enactment of this Act, the Chair shall
establish not less than 2 task forces, which shall each
cover a different geographical area with differing
demographic, land use, or geological issues--
(i) to identify permitting and other
challenges and successes that permitting
authorities and project developers and
operators face; and
(ii) to improve the performance of the
permitting process and regional coordination
for the purpose of promoting the efficient,
orderly, and responsible development of carbon
capture, utilization, and sequestration
projects and carbon dioxide pipelines.
(B) Members and selection.--
(i) In general.--The Chair shall--
(I) develop criteria for the
selection of members to each task
force; and
(II) select members for each task
force in accordance with subclause (I)
and clause (ii).
(ii) Members.--Each task force--
(I) shall include not less than 1
representative of each of--
(aa) the Environmental
Protection Agency;
(bb) the Department of
Energy;
(cc) the Department of the
Interior;
(dd) any other Federal
agency the Chair determines to
be appropriate;
(ee) any State that
requests participation in the
geographical area covered by
the task force;
(ff) developers or
operators of carbon capture,
utilization, and sequestration
projects or carbon dioxide
pipelines; and
(gg) nongovernmental
membership organizations, the
primary mission of which
concerns protection of the
environment; and
(II) at the request of a Tribal or
local government, may include a
representative of--
(aa) not less than 1 local
government in the geographical
area covered by the task force;
and
(bb) not less than 1 Tribal
government in the geographical
area covered by the task force.
(C) Meetings.--
(i) In general.--Each task force shall meet
not less than twice each year.
(ii) Joint meeting.--To the maximum extent
practicable, the task forces shall meet
collectively not less than once each year.
(D) Duties.--Each task force shall--
(i) inventory existing or potential Federal
and State approaches to facilitate reviews
associated with the deployment of carbon
capture, utilization, and sequestration
projects and carbon dioxide pipelines,
including best practices that--
(I) avoid duplicative reviews;
(II) engage stakeholders early in
the permitting process; and
(III) make the permitting process
efficient, orderly, and responsible;
(ii) develop common models for State-level
carbon dioxide pipeline regulation and
oversight guidelines that can be shared with
States in the geographical area covered by the
task force;
(iii) provide technical assistance to
States in the geographical area covered by the
task force in implementing regulatory
requirements and any models developed under
clause (ii);
(iv) inventory current or emerging
activities that transform captured carbon
dioxide into a product of commercial value, or
as an input to products of commercial value;
(v) identify any priority carbon dioxide
pipelines needed to enable efficient, orderly,
and responsible development of carbon capture,
utilization, and sequestration projects at
increased scale;
(vi) identify gaps in the current Federal
and State regulatory framework and in existing
data for the deployment of carbon capture,
utilization, and sequestration projects and
carbon dioxide pipelines;
(vii) identify Federal and State financing
mechanisms available to project developers; and
(viii) develop recommendations for relevant
Federal agencies on how to develop and research
technologies that--
(I) can capture carbon dioxide; and
(II) would be able to be deployed
within the region covered by the task
force, including any projects that have
received technical or financial
assistance for research under paragraph
(6) of section 103(g) of the Clean Air
Act (42 U.S.C. 7403(g)).
(E) Report.--Each year, each task force shall
prepare and submit to the Chair and to the other task
forces a report that includes--
(i) any recommendations for improvements in
efficient, orderly, and responsible issuance or
administration of Federal permits and other
Federal authorizations required under a law
described in paragraph (3)(B)(i); and
(ii) any other nationally relevant
information that the task force has collected
in carrying out the duties under subparagraph
(D).
(F) Evaluation.--Not later than 5 years after the
date of enactment of this Act, the Chair shall--
(i) reevaluate the need for the task
forces; and
(ii) submit to Congress a recommendation as
to whether the task forces should continue.
SEC. 6085. LEGAL ASSISTANCE FOR VETERANS AND SURVIVING SPOUSES AND
DEPENDENTS.
(a) Availability of Legal Assistance at Facilities of Department of
Veterans Affairs.--
(1) In general.--Chapter 59 of title 38, United States
Code, is amended by adding at the end the following new
section:
``Sec. 5906. Availability of legal assistance at Department facilities
``(a) In General.--Not less frequently than three times each year,
the Secretary shall facilitate the provision by a qualified legal
assistance clinic of pro bono legal assistance described in subsection
(c) to eligible individuals at not fewer than one medical center of the
Department of Veterans Affairs, or such other facility of the
Department as the Secretary considers appropriate, in each State.
``(b) Eligible Individuals.--For purposes of this section, an
eligible individual is--
``(1) any veteran;
``(2) any surviving spouse; or
``(3) any child of a veteran who has died.
``(c) Pro Bono Legal Assistance Described.--The pro bono legal
assistance described in this subsection is the following:
``(1) Legal assistance with any program administered by the
Secretary.
``(2) Legal assistance associated with--
``(A) improving the status of a military discharge
or characterization of service in the Armed Forces,
including through a discharge review board; or
``(B) seeking a review of a military record before
a board of correction for military or naval records.
``(3) Such other legal assistance as the Secretary--
``(A) considers appropriate; and
``(B) determines may be needed by eligible
individuals.
``(d) Limitation on Use of Facilities.--Space in a medical center
or facility designated under subsection (a) shall be reserved for and
may only be used by the following, subject to review and removal from
participation by the Secretary:
``(1) A veterans service organization or other nonprofit
organization.
``(2) A legal assistance clinic associated with an
accredited law school.
``(3) A legal services organization.
``(4) A bar association.
``(5) Such other attorneys and entities as the Secretary
considers appropriate.
``(e) Legal Assistance in Rural Areas.--In carrying out this
section, the Secretary shall ensure that pro bono legal assistance is
provided under subsection (a) in rural areas.
``(f) Definition of Veterans Service Organization.--The term
`veterans service organization' means any organization recognized by
the Secretary for the representation of veterans under section 5902 of
this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 59 of such title is amended by adding at
the end the following new item:
``5906. Availability of legal assistance at Department facilities.''.
(b) Pilot Program to Establish and Support Legal Assistance
Clinics.--
(1) Pilot program required.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Veterans Affairs shall establish a pilot program to
assess the feasibility and advisability of awarding
grants to eligible entities to establish new legal
assistance clinics, or enhance existing legal
assistance clinics or other pro bono efforts, for the
provision of pro bono legal assistance described in
subsection (c) of section 5906 of title 38, United
States Code, as added by subsection (a), on a year-
round basis to individuals who served in the Armed
Forces, including individuals who served in a reserve
component of the Armed Forces, and who were discharged
or released therefrom, regardless of the conditions of
such discharge or release, at locations other than
medical centers and facilities described in subsection
(a) of such section.
(B) Rule of construction.--Nothing in subparagraph
(A) shall be construed to limit or affect--
(i) the provision of pro bono legal
assistance to eligible individuals at medical
centers and facilities of the Department of
Veterans Affairs under section 5906(a) of title
38, United States Code, as added by subsection
(a); or
(ii) any other legal assistance provided
pro bono at medical centers or facilities of
the Department as of the date of the enactment
of this Act.
(2) Eligible entities.--For purposes of the pilot program,
an eligible entity is--
(A) a veterans service organization or other
nonprofit organization specifically focused on
assisting veterans;
(B) an entity specifically focused on assisting
veterans and associated with an accredited law school;
(C) a legal services organization or bar
association; or
(D) such other type of entity as the Secretary
considers appropriate for purposes of the pilot
program.
(3) Locations.--The Secretary shall ensure that at least
one grant is awarded under paragraph (1)(A) to at least one
eligible entity in each State, if the Secretary determines that
there is such an entity in a State that has applied for, and
meets requirements for the award of, such a grant.
(4) Duration.--The Secretary shall carry out the pilot
program during the five-year period beginning on the date on
which the Secretary establishes the pilot program.
(5) Application.--An eligible entity seeking a grant under
the pilot program shall submit to the Secretary an application
therefore at such time, in such manner, and containing such
information as the Secretary may require.
(6) Selection.--The Secretary shall select eligible
entities who submit applications under paragraph (5) for the
award of grants under the pilot program using a competitive
process that takes into account the following:
(A) Capacity of the applicant entity to serve
veterans and ability of the entity to provide sound
legal advice.
(B) Demonstrated need of the veteran population the
applicant entity would serve.
(C) Demonstrated need of the applicant entity for
assistance from the grants.
(D) Geographic diversity of applicant entities.
(E) Such other criteria as the Secretary considers
appropriate.
(7) Grantee reports.--Each recipient of a grant under the
pilot program shall, in accordance with such criteria as the
Secretary may establish, submit to the Secretary a report on
the activities of the recipient and how the grant amounts were
used.
(c) Review of Pro Bono Eligibility of Federal Workers.--
(1) In general.--The Secretary shall, in consultation with
the Attorney General and the Director of the Office of
Government Ethics, conduct a review of the rules and
regulations governing the circumstances under which attorneys
employed by the Federal Government can provide pro bono legal
assistance.
(2) Recommendations.--In conducting the review required by
paragraph (1), the Secretary shall develop recommendations for
such legislative or administrative action as the Secretary
considers appropriate to facilitate greater participation by
Federal employees in pro bono legal and other volunteer
services for veterans.
(3) Submittal to congress.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress--
(A) the findings of the Secretary with respect to
the review conducted under paragraph (1); and
(B) the recommendations developed by the Secretary
under paragraph (2).
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report on the status of the implementation of
this section.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs and the
Committee on Appropriations of the Senate; and
(B) the Committee on Veterans' Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by the
Secretary for the representation of veterans under section 5902
of title 38, United States Code.
SEC. 6086. SILVER STAR SERVICE BANNER DAY.
(a) Findings.--Congress finds the following:
(1) Congress is committed to honoring the sacrifices of
wounded and ill members of the Armed Forces.
(2) The Silver Star Service Banner recognizes the members
of the Armed Forces and veterans who were wounded or became ill
while serving in combat for the United States.
(3) The sacrifices made by members of the Armed Forces and
veterans on behalf of the United States should never be
forgotten.
(4) May 1 is an appropriate date to designate as ``Silver
Star Service Banner Day''.
(b) Designation.--
(1) In general.--Chapter 1 of title 36, United States Code,
is amended by adding at the end the following:
``Sec. 146. Silver Star Service Banner Day
``(a) Designation.--May 1 is Silver Star Service Banner Day.
``(b) Proclamation.--The President is requested to issue each year
a proclamation calling on the people of the United States to observe
Silver Star Service Banner Day with appropriate programs, ceremonies,
and activities.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1 of such title is amended by inserting
after the item relating to section 145 the following:
``146. Silver Star Service Banner Day.''.
SEC. 6087. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C.
13503(b)) is amended by striking paragraph (3) and inserting the
following:
``(3) Established program to stimulate competitive
research.--
``(A) Definitions.--In this paragraph:
``(i) Eligible jurisdiction.--The term
`eligible jurisdiction' means a State that is
determined to be eligible for a grant under
this paragraph in accordance with subparagraph
(D).
``(ii) EPSCoR.--The term `EPSCoR' means the
Established Program to Stimulate Competitive
Research operated under subparagraph (B).
``(iii) National laboratory.--The term
`National Laboratory' has the meaning given the
term in section 2 of the Energy Policy Act of
2005 (42 U.S.C. 15801).
``(iv) State.--The term `State' means--
``(I) a State;
``(II) the District of Columbia;
``(III) the Commonwealth of Puerto
Rico;
``(IV) Guam; and
``(V) the United States Virgin
Islands.
``(B) Program operation.--The Secretary shall
operate an Established Program to Stimulate Competitive
Research.
``(C) Objectives.--The objectives of EPSCoR shall
be--
``(i) to increase the number of researchers
in eligible jurisdictions, especially at
institutions of higher education, capable of
performing nationally competitive science and
engineering research in support of the mission
of the Department of Energy in the areas of
applied energy research, environmental
management, and basic science;
``(ii) to improve science and engineering
research and education programs at institutions
of higher education in eligible jurisdictions
and enhance the capabilities of eligible
jurisdictions to develop, plan, and execute
research that is competitive, including through
investing in research equipment and
instrumentation; and
``(iii) to increase the probability of
long-term growth of competitive funding to
eligible jurisdictions.
``(D) Eligible jurisdictions.--
``(i) In general.--The Secretary may
establish criteria for determining whether a
State is eligible for a grant under this
paragraph.
``(ii) Requirement.--Except as provided in
clause (iii), in establishing criteria under
clause (i), the Secretary shall ensure that a
State is eligible for a grant under this
paragraph if the State, as determined by the
Secretary, is a State that--
``(I) historically has received
relatively little Federal research and
development funding; and
``(II) has demonstrated a
commitment--
``(aa) to develop the
research bases in the State;
and
``(bb) to improve science
and engineering research and
education programs at
institutions of higher
education in the State.
``(iii) Eligibility under nsf epscor.--At
the election of the Secretary, or if the
Secretary determines not to establish criteria
under clause (i), a State is eligible for a
grant under this paragraph if the State is
eligible to receive funding under the
Established Program to Stimulate Competitive
Research of the National Science Foundation.
``(E) Grants in areas of applied energy research,
environmental management, and basic science.--
``(i) In general.--EPSCoR shall make grants
to eligible jurisdictions to carry out and
support applied energy research and research in
all areas of environmental management and basic
science sponsored by the Department of Energy,
including--
``(I) energy efficiency, fossil
energy, renewable energy, and other
applied energy research;
``(II) electricity delivery
research;
``(III) cybersecurity, energy
security, and emergency response;
``(IV) environmental management;
and
``(V) basic science research.
``(ii) Activities.--EPSCoR shall make
grants under this subparagraph for activities
consistent with the objectives described in
subparagraph (C) in the areas of applied energy
research, environmental management, and basic
science described in clause (i), including--
``(I) to support research that is
carried out in partnership with the
National Laboratories;
``(II) to provide for graduate
traineeships;
``(III) to support research by
early career faculty; and
``(IV) to improve research
capabilities through biennial research
implementation grants.
``(iii) No cost sharing.--EPSCoR shall not
impose any cost-sharing requirement with
respect to a grant made under this
subparagraph, but may require letters of
commitment from National Laboratories.
``(F) Other activities.--EPSCoR may carry out such
activities as may be necessary to meet the objectives
described in subparagraph (C) in the areas of applied
energy research, environmental management, and basic
science described in subparagraph (E)(i).
``(G) Program implementation.--
``(i) In general.--Not later than 270 days
after the date of enactment of the National
Defense Authorization Act for Fiscal Year 2021,
the Secretary shall submit to the Committees on
Energy and Natural Resources and Appropriations
of the Senate and the Committees on Energy and
Commerce and Appropriations of the House of
Representatives a plan describing how the
Secretary shall implement EPSCoR.
``(ii) Contents of plan.--The plan
described in clause (i) shall include a
description of--
``(I) the management structure of
EPSCoR, which shall ensure that all
research areas and activities described
in this paragraph are incorporated into
EPSCoR;
``(II) efforts to conduct outreach
to inform eligible jurisdictions and
faculty of changes to, and
opportunities under, EPSCoR;
``(III) how EPSCoR plans to
increase engagement with eligible
jurisdictions, faculty, and State
committees, including by holding
regular workshops, to increase
participation in EPSCoR; and
``(IV) any other issues relating to
EPSCoR that the Secretary determines
appropriate.
``(H) Program evaluation.--
``(i) In general.--Not later than 5 years
after the date of enactment of the National
Defense Authorization Act for Fiscal Year 2021,
the Secretary shall contract with a federally
funded research and development center, the
National Academy of Sciences, or a similar
organization to carry out an assessment of the
effectiveness of EPSCoR, including an
assessment of--
``(I) the tangible progress made
towards achieving the objectives
described in subparagraph (C);
``(II) the impact of research
supported by EPSCoR on the mission of
the Department of Energy; and
``(III) any other issues relating
to EPSCoR that the Secretary determines
appropriate.
``(ii) Limitation.--The organization with
which the Secretary contracts under clause (i)
shall not be a National Laboratory.
``(iii) Report.--Not later than 6 years
after the date of enactment of the National
Defense Authorization Act for Fiscal Year 2021,
the Secretary shall submit to the Committees on
Energy and Natural Resources and Appropriations
of the Senate and the Committees on Energy and
Commerce and Appropriations of the House of
Representatives a report describing the results
of the assessment carried out under clause (i),
including recommendations for improvements that
would enable the Secretary to achieve the
objectives described in subparagraph (C).''.
SEC. 6088. SUBPOENA AUTHORITY.
(a) In General.--Section 2209 of the Homeland Security Act of 2002
(6 U.S.C. 659) is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) by redesignating paragraph (6) as paragraph
(7); and
(C) by inserting after paragraph (5) the following:
``(6) the term `security vulnerability' has the meaning
given that term in section 102(17) of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501(17)); and'';
(2) in subsection (c)--
(A) in paragraph (10), by striking ``and'' at the
end;
(B) in paragraph (11), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(12) detecting, identifying, and receiving information
about security vulnerabilities relating to critical
infrastructure in the information systems and devices for a
cybersecurity purpose, as defined in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501).''; and
(3) by adding at the end the following:
``(o) Subpoena Authority.--
``(1) Definition.--In this subsection, the term `covered
device or system'--
``(A) means a device or system commonly used to
perform industrial, commercial, scientific, or
governmental functions or processes that relate to
critical infrastructure, including operational and
industrial control systems, distributed control
systems, and programmable logic controllers; and
``(B) does not include personal devices and
systems, such as consumer mobile devices, home
computers, residential wireless routers, or residential
internet enabled consumer devices.
``(2) Authority.--
``(A) In general.--If the Director identifies a
system connected to the internet with a specific
security vulnerability and has reason to believe that
the security vulnerability relates to critical
infrastructure and affects a covered device or system,
and the Director is unable to identify the entity at
risk that owns or operates the covered device or
system, the Director may issue a subpoena for the
production of information necessary to identify and
notify the entity at risk, in order to carry out a
function authorized under subsection (c)(12).
``(B) Limit on information.--A subpoena issued
under the authority under subparagraph (A) may seek
information--
``(i) only in the categories set forth in
subparagraphs (A), (B), (D), and (E) of section
2703(c)(2) of title 18, United States Code; and
``(ii) for not more than 20 covered devices
or systems.
``(C) Liability protections for disclosing
providers.--The provisions of section 2703(e) of title
18, United States Code, shall apply to any subpoena
issued under the authority under subparagraph (A).
``(3) Coordination.--
``(A) In general.--If the Director decides to
exercise the subpoena authority under this subsection,
and in the interest of avoiding interference with
ongoing law enforcement investigations, the Director
shall coordinate the issuance of any such subpoena with
the Department of Justice, including the Federal Bureau
of Investigation, pursuant to inter-agency procedures
which the Director, in coordination with the Attorney
General, shall develop not later than 60 days after the
date of enactment of this subsection.
``(B) Contents.--The inter-agency procedures
developed under this paragraph shall provide that a
subpoena issued by the Director under this subsection
shall be--
``(i) issued in order to carry out a
function described in subsection (c)(12); and
``(ii) subject to the limitations under
this subsection.
``(4) Noncompliance.--If any person, partnership,
corporation, association, or entity fails to comply with any
duly served subpoena issued under this subsection, the Director
may request that the Attorney General seek enforcement of the
subpoena in any judicial district in which such person,
partnership, corporation, association, or entity resides, is
found, or transacts business.
``(5) Notice.--Not later than 7 days after the date on
which the Director receives information obtained through a
subpoena issued under this subsection, the Director shall
notify any entity identified by information obtained under the
subpoena regarding the subpoena and the identified
vulnerability.
``(6) Authentication.--
``(A) In general.--Any subpoena issued by the
Director under this subsection shall be authenticated
with a cryptographic digital signature of an authorized
representative of the Agency, or other comparable
successor technology, that allows the Agency to
demonstrate that the subpoena was issued by the Agency
and has not been altered or modified since it was
issued by the Agency.
``(B) Invalid if not authenticated.--Any subpoena
issued by the Director under this subsection that is
not authenticated in accordance with subparagraph (A)
shall not be considered to be valid by the recipient of
the subpoena.
``(7) Procedures.--Not later than 90 days after the date of
enactment of this subsection, the Director shall establish
internal procedures and associated training, applicable to
employees and operations of the Agency, regarding subpoenas
issued under this subsection, which shall address--
``(A) the protection of and restriction on
dissemination of nonpublic information obtained through
a subpoena issued under this subsection, including a
requirement that the Agency shall not disseminate
nonpublic information obtained through a subpoena
issued under this subsection that identifies the party
that is subject to the subpoena or the entity at risk
identified by information obtained, except that the
Agency may share the nonpublic information of the
entity at risk with another the Department of Justice
for the purpose of enforcing the subpoena in accordance
with paragraph (4) or with a Federal agency if--
``(i) the Agency identifies or is notified
of a cybersecurity incident involving the
entity, which relates to the vulnerability
which led to the issuance of the subpoena;
``(ii) the Director determines that sharing
the nonpublic information with another Federal
agency is necessary to allow that Federal
agency to take a law enforcement or national
security action, subject to the interagency
procedures under paragraph (3)(A), or actions
related to mitigating or otherwise resolving
such incident;
``(iii) the entity to which the information
pertains is notified of the Director's
determination, to the extent practicable
consistent with national security or law
enforcement interests, subject to the
interagency procedures under paragraph (3)(A);
and
``(iv) the entity consents, except that the
entity's consent shall not be required if
another Federal agency identifies the entity to
the Agency in connection with a suspected
cybersecurity incident;
``(B) the restriction on the use of information
obtained through the subpoena for a cybersecurity
purpose, as defined in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501);
``(C) the retention and destruction of nonpublic
information obtained through a subpoena issued under
this subsection, including--
``(i) destruction of information obtained
through the subpoena that the Director
determines is unrelated to critical
infrastructure immediately upon providing
notice to the entity pursuant to paragraph (5);
and
``(ii) destruction of any personally
identifiable information not later than 6
months after the date on which the Director
receives information obtained through the
subpoena, unless otherwise agreed to by the
individual identified by the subpoena
respondent;
``(D) the processes for providing notice to each
party that is subject to the subpoena and each entity
identified by information obtained under a subpoena
issued under this subsection;
``(E) the processes and criteria for conducting
critical infrastructure security risk assessments to
determine whether a subpoena is necessary prior to
being issued under this subsection; and
``(F) the information to be provided to an entity
at risk at the time of the notice of the vulnerability,
which shall include--
``(i) a discussion or statement that
responding to, or subsequent engagement with,
the Agency, is voluntary; and
``(ii) to the extent practicable,
information regarding the process through which
the Director identifies security
vulnerabilities.
``(8) Limitation on procedures.--The internal procedures
established under paragraph (7) may not require an owner or
operator of critical infrastructure to take any action as a
result of a notice of vulnerability made pursuant to this Act.
``(9) Review of procedures.--Not later than 1 year after
the date of enactment of this subsection, the Privacy Officer
of the Agency shall--
``(A) review the procedures developed by the
Director under paragraph (7) to ensure that--
``(i) the procedures are consistent with
fair information practices; and
``(ii) the operations of the Agency comply
with the procedures; and
``(B) notify the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives of
the results of the review.
``(10) Publication of information.--Not later than 120 days
after establishing the internal procedures under paragraph (7),
the Director shall publish information on the website of the
Agency regarding the subpoena process under this subsection,
including regarding--
``(A) the purpose for subpoenas issued under this
subsection;
``(B) the subpoena process;
``(C) the criteria for the critical infrastructure
security risk assessment conducted prior to issuing a
subpoena;
``(D) policies and procedures on retention and
sharing of data obtained by subpoena;
``(E) guidelines on how entities contacted by the
Director may respond to notice of a subpoena; and
``(F) the procedures and policies of the Agency
developed under paragraph (7).
``(11) Annual reports.--The Director shall annually submit
to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the
House of Representatives a report (which may include a
classified annex but with the presumption of declassification)
on the use of subpoenas under this subsection by the Director,
which shall include--
``(A) a discussion of--
``(i) the effectiveness of the use of
subpoenas to mitigate critical infrastructure
security vulnerabilities;
``(ii) the critical infrastructure security
risk assessment process conducted for subpoenas
issued under this subsection;
``(iii) the number of subpoenas issued
under this subsection by the Director during
the preceding year;
``(iv) to the extent practicable, the
number of vulnerable covered devices or systems
mitigated under this subsection by the Agency
during the preceding year; and
``(v) the number of entities notified by
the Director under this subsection, and their
response, during the previous year; and
``(B) for each subpoena issued under this
subsection--
``(i) the source of the security
vulnerability detected, identified, or received
by the Director;
``(ii) the steps taken to identify the
entity at risk prior to issuing the subpoena;
and
``(iii) a description of the outcome of the
subpoena, including discussion on the
resolution or mitigation of the critical
infrastructure security vulnerability.
``(12) Publication of the annual reports.--The Director
shall publish a version of the annual report required by
paragraph (11) on the website of the Agency, which shall, at a
minimum, include the findings described in clauses (iii), (iv)
and (v) of paragraph (11)(A).
``(13) Prohibition on use of information for unauthorized
purposes.--Any information obtained pursuant to a subpoena
issued under this subsection shall not be provided to any other
Federal agency for any purpose other than a cybersecurity
purpose, as defined in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501) or for the
purpose of enforcing a subpoena under paragraph (4).''.
(b) Rules of Construction.--
(1) Prohibition on new regulatory authority.--Nothing in
this section or the amendments made by this section shall be
construed to grant the Secretary of Homeland Security (in this
subsection referred to as the ``Secretary''), or another
Federal agency, any authority to promulgate regulations or set
standards relating to the cybersecurity of private sector
critical infrastructure that was not in effect on the day
before the date of enactment of this Act.
(2) Private entities.--Nothing in this section or the
amendments made by this section shall be construed to require
any private entity--
(A) toto request assistance from the Secretary; or
(B) that requested such assistance from the
Secretary to implement any measure or recommendation
suggested by the Secretary.
SEC. 6089. THAD COCHRAN HEADQUARTERS BUILDING.
(a) In General.--The headquarters building of the Engineer Research
and Development Center of the Corps of Engineers located at 3909 Halls
Ferry Road in Vicksburg, Mississippi, shall be known and designated as
the ``Thad Cochran Headquarters Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``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.
The Comptroller General of the United States shall submit to
Congress a report evaluating how the Department of Veterans Affairs has
handled claims for disability-related benefits under laws administered
by the Secretary of Veterans Affairs of veterans with type 1 diabetes
who have been exposed to a herbicide agent (as defined in section
1116(a)(3) of title 38, United States Code).
SEC. 6091. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' COMPENSATION
PAYMENTS AND OTHER PAYMENTS FOR FEDERAL GOVERNMENT
PERSONNEL UNDER CHIEF OF MISSION AUTHORITY.
Section 901 of title IX of division J of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) is amended--
(1) in subsection (a), by inserting ``or other designated
heads of Federal agencies'' after ``The Secretary of State'';
and
(2) in subsection (e)(2), by striking ``Department of
State'' and inserting ``Federal Government''.
Subtitle H--Industries of the Future
SEC. 6094A. SHORT TITLE.
This subtitle may be cited as the ``Industries of the Future Act of
2020''.
SEC. 6094B. REPORT ON FEDERAL RESEARCH AND DEVELOPMENT FOCUSED ON
INDUSTRIES OF THE FUTURE.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Science and
Technology Policy shall submit to Congress a report on research and
development investments, infrastructure, and workforce development
investments of the Federal Government that enable continued United
States leadership in industries of the future.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) A definition, for purposes of this Act, of the term
``industries of the future'' that includes emerging
technologies.
(2) An assessment of the current baseline of investments in
civilian research and development investments of the Federal
Government in the industries of the future.
(3) A plan to double such baseline investments in
artificial intelligence and quantum information science by
fiscal year 2022.
(4) A detailed plan to increase investments described in
paragraph (2) in industries of the future to $10,000,000,000
per year by fiscal year 2025.
(5) A plan to leverage investments described in paragraphs
(2), (3), and (4) in industries of the future to elicit
complimentary investments by non-Federal entities to the
greatest extent practicable.
(6) Proposed legislation to implement such plans.
SEC. 6094C. INDUSTRIES OF THE FUTURE COORDINATION COUNCIL.
(a) Establishment.--
(1) In general.--The President shall establish or designate
a council to advise the Director of the Office of Science and
Technology Policy on matters relevant to the Director and the
industries of the future.
(2) Designation.--The council established or designated
under paragraph (1) shall be known as the ``Industries of the
Future Coordination Council'' (in this section the
``Council'').
(b) Membership.--
(1) Composition.--The Council shall be composed of members
from the Federal Government as follows:
(A) One member appointed by the Director.
(B) A chairperson of the Select Committee on
Artificial Intelligence of the National Science and
Technology Council.
(C) A chairperson of the Subcommittee on Advanced
Manufacturing of the National Science and Technology
Council.
(D) A chairperson of the Subcommittee on Quantum
Information Science of the National Science and
Technology Council.
(E) Such other members as the President considers
appropriate.
(2) Chairperson.--The member appointed to the Council under
paragraph (1)(A) shall serve as the chairperson of the Council.
(c) Duties.--The duties of the Council are as follows:
(1) To provide the Director with advice on ways in which in
the Federal Government can ensure the United States continues
to lead the world in developing emerging technologies that
improve the quality of life of the people of the United States,
increase economic competitiveness of the United States, and
strengthen the national security of the United States,
including identification of the following:
(A) Investments required in fundamental research
and development, infrastructure, and workforce
development of the United States workers who will
support the industries of the future.
(B) Actions necessary to create and further develop
the workforce that will support the industries of the
future.
(C) Actions required to leverage the strength of
the research and development ecosystem of the United
States, which includes academia, industry, and
nonprofit organizations.
(D) Ways that the Federal Government can consider
leveraging existing partnerships and creating new
partnerships and other multisector collaborations to
advance the industries of the future.
(2) To provide the Director with advice on matters relevant
to the report required by section 6092B.
(d) Coordination.--The Council shall coordinate with and utilize
relevant existing National Science and Technology Council committees to
the maximum extent feasible in order to minimize duplication of effort.
(e) Sunset.--The Council shall terminate on the date that is 6
years after the date of the enactment of this Act.
Subtitle I--READI Act
SEC. 6096. SHORT TITLE.
This subtitle may be cited as the ``Reliable Emergency Alert
Distribution Improvement Act of 2020'' or ``READI Act''.
SEC. 6096A. DEFINITIONS.
In this subtitle--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency;
(2) the term ``Commission'' means the Federal
Communications Commission;
(3) the term ``Emergency Alert System'' means the national
public warning system, the rules for which are set forth in
part 11 of title 47, Code of Federal Regulations (or any
successor regulation); and
(4) the term ``Wireless Emergency Alerts System'' means the
wireless national public warning system established under the
Warning, Alert, and Response Network Act (47 U.S.C. 1201 et
seq.), the rules for which are set forth in part 10 of title
47, Code of Federal Regulations (or any successor regulation).
SEC. 6096B. WIRELESS EMERGENCY ALERTS SYSTEM OFFERINGS.
(a) Amendment.--Section 602(b)(2)(E) of the Warning, Alert, and
Response Network Act (47 U.S.C. 1201(b)(2)(E)) is amended--
(1) by striking the second and third sentences; and
(2) by striking ``other than an alert issued by the
President.'' and inserting the following: ``other than an alert
issued by--
``(i) the President; or
``(ii) the Administrator of the Federal
Emergency Management Agency.''.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Commission, in consultation with the
Administrator, shall adopt regulations to implement the amendment made
by subsection (a)(2).
SEC. 6096C. STATE EMERGENCY ALERT SYSTEM PLANS AND EMERGENCY
COMMUNICATIONS COMMITTEES.
(a) Definitions.--In this section--
(1) the term ``SECC'' means a State Emergency
Communications Committee;
(2) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and any
possession of the United States; and
(3) the term ``State EAS Plan'' means a State Emergency
Alert System Plan.
(b) State Emergency Communications Committee.--Not later than 180
days after the date of enactment of this Act, the Commission shall
adopt regulations that--
(1) encourage the chief executive of each State--
(A) to establish an SECC if the State does not have
an SECC; or
(B) if the State has an SECC, to review the
composition and governance of the SECC;
(2) provide that--
(A) each SECC, not less frequently than annually,
shall--
(i) meet to review and update its State EAS
Plan;
(ii) certify to the Commission that the
SECC has met as required under clause (i); and
(iii) submit to the Commission an updated
State EAS Plan; and
(B) not later than 60 days after the date on which
the Commission receives an updated State EAS Plan under
subparagraph (A)(iii), the Commission shall--
(i) approve or disapprove the updated State
EAS Plan; and
(ii) notify the chief executive of the
State of the Commission's findings; and
(3) establish a State EAS Plan content checklist for SECCs
to use when reviewing and updating a State EAS Plan for
submission to the Commission under paragraph (2)(A).
(c) Consultation.--The Commission shall consult with the
Administrator regarding the adoption of regulations under subsection
(b)(3).
SEC. 6096D. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM GUIDANCE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall develop and issue guidance on how
State, Tribal, and local governments can participate in the integrated
public alert and warning system of the United States described in
section 526 of the Homeland Security Act of 2002 (6 U.S.C. 321o)
(referred to in this section as the ``public alert and warning
system'') while maintaining the integrity of the public alert and
warning system, including--
(1) guidance on the categories of public emergencies and
appropriate circumstances that warrant an alert and warning
from State, Tribal, and local governments using the public
alert and warning system;
(2) the procedures for State, Tribal, and local government
officials to authenticate civil emergencies and initiate,
modify, and cancel alerts transmitted through the public alert
and warning system, including protocols and technology
capabilities for--
(A) the initiation, or prohibition on the
initiation, of alerts by a single authorized or
unauthorized individual;
(B) testing a State, Tribal, or local government
incident management and warning tool without
accidentally initiating an alert through the public
alert and warning system; and
(C) steps a State, Tribal, or local government
official should take to mitigate the possibility of the
issuance of a false alert through the public alert and
warning system;
(3) the standardization, functionality, and
interoperability of incident management and warning tools used
by State, Tribal, and local governments to notify the public of
an emergency through the public alert and warning system;
(4) the annual training and recertification of emergency
management personnel on requirements for originating and
transmitting an alert through the public alert and warning
system;
(5) the procedures, protocols, and guidance concerning the
protective action plans that State, Tribal, and local
governments should issue to the public following an alert
issued under the public alert and warning system;
(6) the procedures, protocols, and guidance concerning the
communications that State, Tribal, and local governments should
issue to the public following a false alert issued under the
public alert and warning system;
(7) a plan by which State, Tribal, and local government
officials may, during an emergency, contact each other as well
as Federal officials and participants in the Emergency Alert
System and the Wireless Emergency Alerts System, when
appropriate and necessary, by telephone, text message, or other
means of communication regarding an alert that has been
distributed to the public; and
(8) any other procedure the Administrator considers
appropriate for maintaining the integrity of and providing for
public confidence in the public alert and warning system.
(b) Coordination With National Advisory Council Report.--The
Administrator shall ensure that the guidance developed under subsection
(a) does not conflict with recommendations made for improving the
public alert and warning system provided in the report submitted by the
National Advisory Council under section 2(b)(7)(B) of the Integrated
Public Alert and Warning System Modernization Act of 2015 (Public Law
114-143; 130 Stat. 332).
(c) Public Consultation.--In developing the guidance under
subsection (a), the Administrator shall ensure appropriate public
consultation and, to the extent practicable, coordinate the development
of the guidance with stakeholders of the public alert and warning
system, including--
(1) appropriate personnel from Federal agencies, including
the National Institute of Standards and Technology, the Federal
Emergency Management Agency, and the Commission;
(2) representatives of State and local governments and
emergency services personnel, who shall be selected from among
individuals nominated by national organizations representing
those governments and personnel;
(3) representatives of federally recognized Indian Tribes
and national Indian organizations;
(4) communications service providers;
(5) vendors, developers, and manufacturers of systems,
facilities, equipment, and capabilities for the provision of
communications services;
(6) third-party service bureaus;
(7) the national organization representing the licensees
and permittees of noncommercial broadcast television stations;
(8) technical experts from the broadcasting industry,
including representatives of both the non-commercial and
commercial radio broadcast industries and non-commercial and
commercial television broadcast industries;
(9) educators from the Emergency Management Institute; and
(10) other individuals with technical expertise as the
Administrator determines appropriate.
(d) Inapplicability of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the public consultation with
stakeholders under subsection (c).
(e) Rule of Construction.--Nothing in subsection (a) shall be
construed to amend, supplement, or abridge the authority of the
Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.)
or in any other manner give the Administrator authority over
communications service providers participating in the Emergency Alert
System or the Wireless Emergency Alerts System.
SEC. 6096E. FALSE ALERT REPORTING.
Not later than 180 days after the date of enactment of this Act,
the Commission, in consultation with the Administrator, shall complete
a rulemaking proceeding to establish a system to receive from the
Administrator or State, Tribal, or local governments reports of false
alerts under the Emergency Alert System or the Wireless Emergency
Alerts System for the purpose of recording such false alerts and
examining their causes.
SEC. 6096F. REPEATING EMERGENCY ALERT SYSTEM MESSAGES FOR NATIONAL
SECURITY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commission, in consultation with the
Administrator, shall complete a rulemaking proceeding to modify the
Emergency Alert System to provide for repeating Emergency Alert System
messages while an alert remains pending that is issued by--
(1) the President;
(2) the Administrator; or
(3) any other entity under specified circumstances as
determined by the Commission, in consultation with the
Administrator.
(b) Scope of Rulemaking.--Subsection (a)--
(1) shall apply to warnings of national security events,
meaning emergencies of national significance, such as a missile
threat, terror attack, or other act of war; and
(2) shall not apply to more typical warnings, such as a
weather alert, AMBER Alert, or disaster alert.
SEC. 6096G. INTERNET AND ONLINE STREAMING SERVICES EMERGENCY ALERT
EXAMINATION.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, and after providing public notice and opportunity for
comment, the Commission shall complete an inquiry to examine the
feasibility of updating the Emergency Alert System to enable or improve
alerts to consumers provided through the internet, including through
streaming services.
(b) Report.--Not later than 90 days after completing the inquiry
under subsection (a), the Commission shall submit a report on the
findings and conclusions of the inquiry to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Energy and Commerce of the House of
Representatives.
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.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, and the Select Committee
on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) Government of afghanistan.--The term ``Government of
Afghanistan'' means the Government of the Islamic Republic of
Afghanistan and its agencies, instrumentalities, and controlled
entities.
(3) The taliban.--The term ``the Taliban''--
(A) refers to the organization that refers to
itself as the ``Islamic Emirate of Afghanistan'', that
was founded by Mohammed Omar, and that is currently led
by Mawlawi Hibatullah Akhundzada; and
(B) includes subordinate organizations, such as the
Haqqani Network, and any successor organization.
(4) February 29 agreement.--The term ``February 29
Agreement'' refers to the political arrangement between the
United States and the Taliban titled ``Agreement for Bringing
Peace to Afghanistan Between the Islamic Emirate of Afghanistan
which is not recognized by the United States as a state and is
known as the Taliban and the United States of America'' signed
at Doha, Qatar February 29, 2020.
(b) Oversight of Peace Process and Other Agreements.--
(1) Transmission to congress of materials relevant to the
february 29 agreement.--The Secretary of State, in consultation
with the Secretary of Defense, shall continue to submit to the
appropriate congressional committees materials relevant to the
February 29 Agreement.
(2) Submission to congress of any future deals involving
the taliban.--The Secretary of State shall submit to the
appropriate congressional committees, within 5 days of
conclusion and on an ongoing basis thereafter, any future
agreement or arrangement involving the Taliban in any manner,
as well as materials relevant to any future agreement or
arrangement involving the Taliban in any manner.
(3) Definitions.--In this subsection, the terms ``materials
relevant to the February 29 Agreement'' and ``materials
relevant to any future agreement or arrangement'' include all
annexes, appendices, and instruments for implementation of the
February 29 Agreement or a future agreement or arrangement, as
well as any understandings or expectations related to the
Agreement or a future agreement or arrangement.
(c) Report and Briefing on Verification and Compliance.--
(1) In general.--
(A) Report.--Not later than 90 days after the date
of the enactment of this Act, and not less frequently
than once every 120 days thereafter, the President
shall submit to the appropriate congressional
committees a report verifying whether the key tenets of
the February 29 Agreement, or future agreements, and
accompanying implementing frameworks are being
preserved and honored.
(B) Briefing.--At the time of each report submitted
under subparagraph (A), the Secretary of State shall
direct a Senate-confirmed Department of State official
and other appropriate officials to brief the
appropriate congressional committees on the contents of
the report. The Director of National Intelligence shall
also direct an appropriate official to participate in
the briefing.
(2) Elements.--The report and briefing required under
paragraph (1) shall include--
(A) an assessment--
(i) of the Taliban's compliance with
counterterrorism guarantees, including
guarantees to deny safe haven and freedom of
movement to al-Qaeda and other terrorist
threats from operating on territory under its
influence; and
(ii) whether the United States intelligence
community has collected any intelligence
indicating the Taliban does not intend to
uphold its commitments;
(B) an assessment of Taliban actions against
terrorist threats to United States national security
interests;
(C) an assessment of whether Taliban officials have
made a complete, transparent, public, and verifiable
breaking of all ties with al-Qaeda;
(D) an assessment of the current relationship
between the Taliban and al-Qaeda, including any
interactions between members of the two groups in
Afghanistan, Pakistan, or other countries, and any
change in Taliban conduct towards al-Qaeda since
February 29, 2020;
(E) an assessment of the relationship between the
Taliban and any other terrorist group that is assessed
to threaten the security of the United States or its
allies, including any change in conduct since February
29, 2020;
(F) an assessment of whether the Haqqani Network
has broken ties with al-Qaeda, and whether the Haqqani
Network's leader Sirajuddin Haqqani remains part of the
leadership structure of the Taliban;
(G) an assessment of threats emanating from
Afghanistan against the United States homeland and
United States partners, and a description of how the
United States Government is responding to those
threats;
(H) an assessment of intra-Afghan discussions,
political reconciliation, and progress towards a
political roadmap that seeks to serve all Afghans;
(I) an assessment of the viability of any intra-
Afghan governing agreement;
(J) an assessment as to whether the terms of any
reduction in violence or ceasefire are being met by all
sides in the conflict;
(K) a detailed overview of any United States and
NATO presence remaining in Afghanistan and any planned
changes to such force posture;
(L) an assessment of the status of human rights,
including the rights of women, minorities, and youth;
(M) an assessment of the access of women,
minorities, and youth to education, justice, and
economic opportunities in Afghanistan;
(N) an assessment of the status of the rule of law
and governance structures at the central, provincial,
and district levels of government;
(O) an assessment of the media and of the press and
civil society's operating space in Afghanistan;
(P) an assessment of illicit narcotics production
in Afghanistan, its linkages to terrorism, corruption,
and instability, and policies to counter illicit
narcotics flows;
(Q) an assessment of corruption in Government of
Afghanistan institutions at the district, provincial,
and central levels of government;
(R) an assessment of the number of Taliban and
Afghan prisoners and any plans for the release of such
prisoners from either side;
(S) an assessment of any malign Iranian, Chinese,
and Russian influence in Afghanistan;
(T) an assessment of how other regional actors,
such as Pakistan, are engaging with Afghanistan;
(U) a detailed overview of national-level efforts
to promote transitional justice, including forensic
efforts and documentation of war crimes, mass killings,
or crimes against humanity, redress to victims, and
reconciliation activities;
(V) A detailed overview of United States support
for Government of Afghanistan and civil society efforts
to promote peace and justice at the local level and how
these efforts are informing government-level policies
and negotiations;
(W) an assessment of the progress made by the
Afghanistan Ministry of Interior and the Office of the
Attorney General to address gross violations of human
rights (GVHRs) by civilian security forces, Taliban,
and non-government armed groups, including--
(i) a breakdown of resources provided by
the Government of Afghanistan towards these
efforts; and
(ii) a summary of assistance provided by
the United States Government to support these
efforts; and
(X) an overview of civilian casualties caused by
the Taliban, non-government armed groups, and Afghan
National Defense and Security Forces, including--
(i) an estimate of the number of destroyed
or severely damaged civilian structures;
(ii) a description of steps taken by the
Government of Afghanistan to minimize civilian
casualties and other harm to civilians and
civilian infrastructure;
(iii) an assessment of the Government of
Afghanistan's capacity and mechanisms for
investigating reports of civilian casualties;
and
(iv) an assessment of the Government of
Afghanistan's efforts to hold local militias
accountable for civilian casualties.
(3) Counterterrorism strategy.--In the event that the
Taliban does not meet its counterterrorism obligations under
the February 29 Agreement, the report and briefing required
under this subsection shall include information detailing the
United States' counterterrorism strategy in Afghanistan and
Pakistan.
(4) Form.--The report required under subparagraph (A) of
paragraph (1) shall be submitted in unclassified form, but may
include a classified annex, and the briefing required under
subparagraph (B) of such paragraph shall be conducted at the
appropriate classification level.
(d) Rule of Construction.--Nothing in this section shall prejudice
whether a future deal involving the Taliban in any manner constitutes a
treaty for purposes of Article II of the Constitution of the United
States.
(e) Sunset.--Except for subsections (b) and (d), the provisions of
this section shall cease to be effective on the date that is 5 years
after the date of the enactment of this Act.
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.
(a) In General.--Subsection (a)(1) of section 7503 of the
Protecting Europe's Energy Security Act of 2019 (title LXXV of Public
Law 116-92) is amended--
(1) in subparagraph (A), by inserting ``or pipe-laying
activities'' after ``pipe-laying''; and
(2) in subparagraph (B)--
(A) in clause (i)--
(i) by inserting ``, or facilitated
selling, leasing, or providing,'' after
``provided''; and
(ii) by striking ``; or'' and inserting a
semicolon;
(B) in clause (ii), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(iii) provided underwriting services or
insurance or reinsurance for those vessels;
``(iv) provided services or facilities for
technology upgrades or installation of welding
equipment for, or retrofitting or tethering of,
those vessels; or
``(v) provided services for the testing,
inspection, or certification necessary for, or
associated with the operation of, the Nord
Stream 2 pipeline.''.
(b) Definitions.--Subsection (i) of such section is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
``(5) Pipe-laying activities.--The term `pipe-laying
activities' means activities that facilitate pipe-laying,
including site preparation, trenching, surveying, placing
rocks, backfilling, stringing, bending, welding, coating, and
lowering of pipe.''.
SEC. 6235. SENSE OF SENATE ON ADMISSION OF UKRAINE TO THE NORTH
ATLANTIC TREATY ORGANIZATION ENHANCED OPPORTUNITIES
PARTNERSHIP PROGRAM.
(a) Ineffectiveness of Section 1235.--Section 1235 shall have no
force or effect.
(b) Findings.--Congress makes the following findings:
(1) On August 24, 1991, Ukraine became a free and
independent country after declaring its independence from the
Soviet Union.
(2) The Russian Federation is required to respect the
independence, sovereignty, and territorial integrity of Ukraine
through its signed commitments to the 1994 Budapest Memorandum,
the 1975 Helsinki Accords, and the Charter of the United
Nations.
(3) On February 8, 1994, Ukraine was among the first post-
Soviet states to join the North Atlantic Treaty Organization's
Partnership for Peace, and Ukraine subsequently participated in
numerous North Atlantic Treaty Organization-led security
assistance, peacekeeping, counterterror, and maritime
initiatives.
(4) The North Atlantic Treaty Organization and Ukraine have
continuously deepened their cooperation through the
establishment of--
(A) the North Atlantic Treaty Organization-Ukraine
Charter on a Distinctive Partnership and the North
Atlantic Treaty Organization-Ukraine Commission in
1997;
(B) the North Atlantic Treaty Organization-Ukraine
Joint Working Group on Defense Reform in 1998; and
(C) the North Atlantic Treaty Organization-Ukraine
Action Plan in 2002.
(5) In the Bucharest Summit Declaration of April 2008,
heads of state and governments of North Atlantic Treaty
Organization member countries declared, ``NATO welcomes
Ukraine's and Georgia's Euro-Atlantic aspirations for
membership in NATO. We agreed today that these countries will
become members of NATO.''.
(6) Beginning on November 21, 2013, and ending on February
22, 2014, during a period that became known as the Revolution
of Dignity, the people of Ukraine peacefully protested the
decision of then President Viktor Yanukovych to suspend the
signing of the Ukraine-European Union Association Agreement,
resulting in the unanimous removal from office of Yanukovych by
the Verkhovna Rada.
(7) On May 25, 2014, Peter Poroshenko was elected
democratically to become the President of Ukraine based on a
pro-European Union and pro-North Atlantic Treaty Organization
platform, which laid the foundation for progress on the
European Union Association Agreement.
(8) In response to Ukraine's Revolution of Dignity, the
Russian Federation launched an overt and covert military
campaign against Ukraine, illegally occupied Ukraine's Crimean
Peninsula, and instigated war in eastern Ukraine, resulting in
the deaths of approximately 14,000 Ukrainians.
(9) The Russian Federation's invasion and illegal
occupation of the Crimean Peninsula and instigation of conflict
in eastern Ukraine in 2014 was widely viewed as an effort to
stifle pro-democracy and pro-Western developments across
Ukraine in the wake of the Revolution of Dignity.
(10) At the 2014 Wales Summit, the North Atlantic Treaty
Organization adopted the Enhanced Opportunities Partnership
Program as a component of the North Atlantic Treaty
Organization Partnership Interoperability Initiative, which
would ``encourage, facilitate, and sustain'' Ukraine's
contributions to the North Atlantic Treaty Organization.
(11) In 2016, as a result of the Warsaw Summit, the North
Atlantic Treaty Organization pledged additional training and
technical support for the military forces of Ukraine and
endorsed a comprehensive assistance package that included
``tailored capability and capacity building measures . . . to
enhance Ukraine's resilience against a wide array of threats,
including hybrid threats''.
(12) In 2017, in the face of continued Russian Federation
aggression in the eastern region of Ukraine and the continued
occupation of Crimea, the Government of Ukraine rejected
cooperation with the Russian Federation and voted to make
cooperation with the North Atlantic Treaty Organization a
foreign policy priority.
(13) On September 1, 2017, the Ukraine-European Union
Association Agreement entered into force.
(14) On April 21, 2019, the new president of Ukraine,
Volodymyr Zelenskyy--
(A) reaffirmed to European Union and North Atlantic
Treaty Organization leaders that Ukraine's strategic
course was to achieve full membership in the European
Union and the North Atlantic Treaty Organization; and
(B) championed the adoption of an amendment to the
Constitution of Ukraine declaring that the Government
of Ukraine is responsible for implementing such
strategic course toward membership in the European
Union and the North Atlantic Treaty Organization.
(15) In January 2020, the Government of Ukraine requested
that the North Atlantic Treaty Organization grant Ukraine the
status of an Enhanced Opportunities Partner.
(16) Since Ukraine's Revolution of Dignity and in
recognition of the United States-Ukraine strategic partnership,
the United States has--
(A) provided Ukraine with more than $1,600,000,000
in security assistance, including critical defense
items;
(B) collaborated closely with the military forces
of Ukraine; and
(C) imposed strong sanctions on the Russian
Federation in response to continued Russian Federation
aggression in Ukraine.
(17) On June 12, 2020, the North Atlantic Treaty
Organization welcomed Ukraine into the Enhanced Opportunities
Partnership program, joining Australia, Finland, Sweden,
Georgia, and Jordan.
(c) Sense of Senate.--It is the sense of the Senate that the
Senate--
(1) applauds the progress of Ukraine and the Revolution of
Dignity with respect to strengthening the rule of law and
combating corruption, aligning with Euro-Atlantic norms and
standards, and improving Ukraine's military combat readiness
and interoperability with the North Atlantic Treaty
Organization;
(2) affirms the unwavering commitment of the United States
to--
(A) supporting the continued efforts of Ukraine to
implement democratic and free market reforms;
(B) restoring the territorial integrity of Ukraine;
and
(C) providing additional lethal and nonlethal
security assistance to strengthen the defense
capabilities of Ukraine and to deter further Russian
Federation aggression;
(3) condemns the Russian Federation's ongoing use of force
and other malign activities against Ukraine and renews its call
on the Government of the Russian Federation to immediately
cease all activities that seek to undermine Ukraine and
destabilize Europe; and
(4) congratulates Ukraine on its inclusion in the North
Atlantic Treaty Organization Enhanced Opportunities Partnership
program and on the establishment of a roadmap to full NATO
accession for Ukraine.
Subtitle E--Matters Relating to the Indo-Pacific Region
SEC. 6251. PILOT PROGRAM TO IMPROVE CYBER COOPERATION WITH VIETNAM,
THAILAND, AND INDONESIA.
(a) In General.--The Secretary of Defense, in consultation with the
Secretary of State, may establish a pilot program in Vietnam, Thailand,
and Indonesia--
(1) to enhance the cyber security, resilience, and
readiness of Vietnam, Thailand, and Indonesia; and
(2) to increase regional cooperation between the United
States and Vietnam, Thailand, and Indonesia on cyber issues.
(b) Elements.--The activities of the pilot program under subsection
(a) shall include the following:
(1) Provision of training to cybersecurity and computer
science professionals in Vietnam, Thailand, and Indonesia.
(2) An expansion of the capacity of organizations involved
in the training of such cybersecurity and computer science
professionals.
(3) The facilitation of regular policy dialogues between
and among the United States Government and the governments of
Vietnam, Thailand, and Indonesia with respect to the
development of infrastructure to protect against cyber attacks.
(4) An evaluation of legal and other barriers to reforms
relevant to cybersecurity and technology in Vietnam, Thailand,
and Indonesia.
(5) A feasibility study on establishing a public-private
partnership to build cloud-computing capacity in Vietnam,
Thailand, and Indonesia and in Southeast Asia more broadly.
(6) The development of cooperative exercises, to be carried
out in future years, to enhance collaboration between the
United States Government and the governments of Vietnam,
Thailand, and Indonesia.
(c) Funding.--The Secretary of Defense may enter into cooperative
agreements with entities that receive funds under section 211 of the
Vietnam Education Foundation Act of 2000 (title II of division B of
H.R. 5666, as enacted by section 1(a)(4) of Public Law 106-554 and
contained in appendix D of that Act; 114 Stat. 2763A-254; 22 U.S.C.
2452 note), as added by section 7085 of the Consolidated and Further
Appropriations Act, 2015 (Public Law 113-235; 128 Stat. 2685), to carry
out the pilot program under subsection (a).
(d) Reports.--
(1) Design of pilot program.--Not later than June 1, 2021,
the Secretary of Defense, in consultation with the Secretary of
State, shall submit to the appropriate committees of Congress a
report on the design of the pilot program under subsection (a).
(2) Progress report.--Not later than December 31, 2021, the
Secretary of Defense, in consultation with the Secretary of
State, shall submit to the appropriate committees of Congress a
report on the pilot program under subsection (a) that
includes--
(A) a description of the activities conducted and
the results of such activities; and
(B) an assessment of legal and other barriers to
reforms relevant to cybersecurity and technology in
Vietnam, Thailand, and Indonesia.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 for fiscal year 2021 to carry out this section.
(f) Offset.--The amount authorized to be appropriated by this Act
for operation and maintenance, Navy, and available for SAG 1CCS for
military information support operations, is hereby reduced by
$5,000,000.
(g) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
Subtitle F--Reports
SEC. 6273. REPORT ON RISK TO PERSONNEL, EQUIPMENT, AND OPERATIONS DUE
TO HUAWEI 5G ARCHITECTURE IN HOST COUNTRIES.
Section 1273 shall have no force or effect.
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.
(a) Studies Required.--
(1) Department of defense study.--Not later than 270 days
after the date of the enactment of this Act, the Secretary of
Defense, acting through the Director of the Defense
Intelligence Agency, in consultation with the Under Secretary
of Defense (Comptroller), the Director of the Office of Cost
Assessment and Program Evaluation, the Director of the Office
of Net Assessment, the Assistant Secretary of Defense for Indo-
Pacific Security Affairs, and the Assistant Secretary of
Defense for International Security Affairs, shall complete a
comparative study on the defense budgets of the People's
Republic of China, the Russian Federation, and the United
States.
(2) Independent study.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense shall offer to enter into an agreement with not
more than two entities independent of the Department to
conduct a comparative study on the defense budgets of
the People's Republic of China, the Russian Federation,
and the United States, to be completed not later than
270 days after the date of the enactment of this Act.
(B) Federally funded research and development
center.--Not fewer than one entity described in
subparagraph (A) shall be a federally funded research
and development center.
(b) Goal.--The goal of the studies required by subsection (a) shall
be to develop a methodologically sound set of assumptions to underpin a
comparison of the defense spending of the People's Republic of China,
the Russian Federation, and the United States.
(c) Elements.--Each study required by subsection (a) shall do the
following:
(1) Develop consistent functional categories for spending,
including--
(A) defense-related research and development;
(B) weapons procurement;
(C) operations and maintenance; and
(D) pay and benefits.
(2) Consider the effects of purchasing power parity and
market exchange rates, particularly on nontraded goods.
(3) Consider differences in the relative prices of goods
and labor within each subject country.
(4) Compare the costs of labor and benefits for the defense
workforce of each subject country.
(5) Account for discrepancies in the manner in which each
subject country accounts for certain functional types of
defense-related spending.
(6) Explicitly estimate the magnitude of omitted spending
from official defense budget information.
(7) Evaluate the adequacy of the United Nations database on
military expenditures.
(8) Exclude spending related to veterans' benefits.
(d) Report.--Not later than 30 days after the date on which the
studies required by subsection (a) are completed, 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 each study,
together with the views of the Secretary on each study.
(e) Form.--The report required by subsection (d) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 6282. MODIFICATION TO INITIATIVE TO SUPPORT PROTECTION OF NATIONAL
SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND
OTHER SECURITY THREATS.
Section 1286 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (10 U.S.C. 2358 note) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by adding after subsection (e) the following new
subsection (f):
``(f) Designation of Academic Liaison.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2021, the Secretary, acting through the Under
Secretary of Defense for Research and Engineering, shall
designate an academic liaison with principal responsibility for
working with the academic community to protect Department-
sponsored academic research of concern from undue foreign
influence.
``(2) Qualification.--The Secretary shall designate an
individual under paragraph (1) who is an official of the Office
of the Under Secretary of Defense for Research and Engineering.
``(3) Duties.--The duties of the academic liaison
designated under paragraph (1) shall be as follows:
``(A) To serve as the liaison of the Department
with the academic community.
``(B) To conduct annual outreach and education
activities for the academic community on undue foreign
influence and threats to Department-sponsored academic
research of concern.
``(C) To coordinate and align academic security
policies with Department component agencies, the Office
of Science and Technology Policy, the intelligence
community, Federal science agencies, and Federal
regulatory agencies, including agencies involved in
export controls.
``(D) To the extent practicable, to coordinate on
an annual basis with the intelligence community to
share, not less frequently than annually, with the
academic community unclassified information, including
counterintelligence information, on threats from undue
foreign influence.
``(E) Any other related responsibility, as
determined by the Secretary in consultation with the
Under Secretary of Defense for Research and
Engineering.
``(F) Any other duty, as determined by the
Secretary.''.
SEC. 6283. SENSE OF SENATE ON UNITED STATES-ISRAEL COOPERATION ON
PRECISION-GUIDED MUNITIONS.
It is the sense of the Senate that--
(1) the Department of Defense has cooperated extensively
with Israel to assist in the procurement of precision-guided
munitions, and such cooperation represents an important example
of robust United States support for Israel;
(2) to the extent practicable, the Secretary of Defense
should take further measures to expedite deliveries of
precision-guided munitions to Israel; and
(3) regularized annual purchases of precision-guided
munitions by Israel, in accordance with existing requirements
and practices regarding the export of defense articles and
defense services, coordinated with the United States Air Force
annual purchase of precision-guided munitions, would enhance
the security of both the United States and Israel by--
(A) promoting a more efficient use of defense
resources by taking advantage of economies of scale;
(B) enabling the United States and Israel to
address crisis requirements for precision-guided
munitions in a timely and flexible manner; and
(C) encouraging the defense industrial base to
maintain routine production lines of precision-guided
munitions.
SEC. 6284. BLOCKING DEADLY FENTANYL IMPORTS.
(a) Short Title.--This section may be cited as the ``Blocking
Deadly Fentanyl Imports Act''.
(b) Definitions.--Section 481(e) of the Foreign Assistance Act of
1961 (22 U.S.C. 2291(e)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``in which'';
(B) in subparagraph (A), by inserting ``in which''
before ``1,000'';
(C) in subparagraph (B)--
(i) by inserting ``in which'' before
``1,000''; and
(ii) by striking ``or'' at the end;
(D) in subparagraph (C)--
(i) by inserting ``in which'' before
``5,000''; and
(ii) by inserting ``or'' after the
semicolon; and
(E) by adding at the end the following:
``(D) that is a significant source of illicit
synthetic opioids significantly affecting the United
States;''; and
(2) in paragraph (4)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by adding ``and'' at the
end; and
(C) by adding at the end the following:
``(E) assistance that furthers the objectives set
forth in paragraphs (1) through (4) of section 664(b)
of the Foreign Relations Authorization Act, Fiscal Year
2003 (22 U.S.C. 2151n-2(b));
``(F) assistance to combat trafficking authorized
under the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7101 et seq.)); and
``(G) global health assistance authorized under
sections 104 through 104C of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151b through 22 U.S.C. 2151b-4).''.
(c) International Narcotics Control Strategy Report.--Section
489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is
amended by adding at the end the following:
``(9) A separate section that contains the following:
``(A) An identification of the countries, to the
extent feasible, that are the most significant sources
of illicit fentanyl and fentanyl analogues
significantly affecting the United States during the
preceding calendar year.
``(B) A description of the extent to which each
country identified pursuant to subparagraph (A) has
cooperated with the United States to prevent the
articles or chemicals described in subparagraph (A)
from being exported from such country to the United
States.
``(C) A description of whether each country
identified pursuant to subparagraph (A) has adopted and
utilizes scheduling or other procedures for illicit
drugs that are similar in effect to the procedures
authorized under title II of the Controlled Substances
Act (21 U.S.C. 811 et seq.) for adding drugs and other
substances to the controlled substances schedules;
``(D) A description of whether each country
identified pursuant to subparagraph (A) is following
steps to prosecute individuals involved in the illicit
manufacture or distribution of controlled substance
analogues (as defined in section 102(32) of the
Controlled Substances Act (21 U.S.C. 802(32)); and
``(E) A description of whether each country
identified pursuant to subparagraph (A) requires the
registration of tableting machines and encapsulating
machines or other measures similar in effect to the
registration requirements set forth in part 1310 of
title 21, Code of Federal Regulations, and has not made
good faith efforts, in the opinion of the Secretary, to
improve regulation of tableting machines and
encapsulating machines.''.
(d) Withholding of Bilateral and Multilateral Assistance.--
(1) In general.--Section 490(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291j(a)) is amended--
(A) in paragraph (1), by striking ``or country
identified pursuant to clause (i) or (ii) of section
489(a)(8)(A) of this Act'' and inserting ``country
identified pursuant to section 489(a)(8)(A), or country
thrice identified during a 5-year period pursuant to
section 489(a)(9)(A)''; and
(B) in paragraph (2), by striking ``or major drug-
transit country (as determined under subsection (h)) or
country identified pursuant to clause (i) or (ii) of
section 489(a)(8)(A) of this Act'' and inserting ``,
major drug-transit country, country identified pursuant
to section 489(a)(8)(A), or country thrice identified
during a 5-year period pursuant to section
489(a)(9)(A)''.
(2) Designation of illicit fentanyl countries without
scheduling procedures.--Section 706(2) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1(2)) is
amended--
(A) in the matter preceding subparagraph (A), by
striking ``also'';
(B) in subparagraph (A)(ii), by striking ``and'' at
the end;
(C) by redesignating subparagraph (B) as
subparagraph (D);
(D) by inserting after subparagraph (A) the
following:
``(B) designate each country, if any, identified
under section 489(a)(9) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291h(a)(9)) that has failed to
adopt and utilize scheduling procedures for illicit
drugs that are comparable to the procedures authorized
under title II of the Controlled Substances Act (21
U.S.C. 811 et seq.) for adding drugs and other
substances to the controlled substances schedules;'';
and
(E) in subparagraph (D), as redesignated, by
striking ``so designated'' and inserting ``designated
under subparagraph (A), (B), or (C)''.
(3) Designation of illicit fentanyl countries without
ability to prosecute criminals for the manufacture or
distribution of fentanyl analogues.--Section 706(2) of the
Foreign Relations Authorization Act, Fiscal Year 2003 (22
U.S.C. 2291j-1(2)), as amended by paragraph (2), is further
amended by inserting after subparagraph (B) the following:
``(C) designate each country, if any, identified
under section 489(a)(9) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291h(a)(9)) that has not taken
significant steps to prosecute individuals involved in
the illicit manufacture or distribution of controlled
substance analogues (as defined in section 102(32) of
the Controlled Substances Act (21 U.S.C. 802(32));''.
(4) Limitation on assistance for designated countries.--
Section 706(3) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (22 U.S.C. 2291j-1(3)) is amended by striking
``also designated under paragraph (2) in the report'' and
inserting ``designated in the report under paragraph (2)(A) or
thrice designated during a 5-year period in the report under
subparagraph (B) or (C) of paragraph (2)''.
(5) Exception to the limitation on assistance.--Section
706(5) of the Foreign Relations Authorization Act, Fiscal Year
2003 (22 U.S.C. 2291j-1(5)) is amended--
(A) by redesignating subparagraph (C) as
subparagraph (F);
(B) by inserting after subparagraph (B) the
following:
``(C) Notwithstanding paragraph (3), assistance to
promote democracy (as described in section 481(e)(4)(E)
of the Foreign Assistance Act of 1961 (22 U.S.C.
2291(e)(4)(E))) shall be provided to countries
identified in a report under paragraph (1) and
designated under subparagraph (B) or (C) of paragraph
(2), to the extent such countries are otherwise
eligible for such assistance, regardless of whether the
President reports to the appropriate congressional
committees in accordance with such paragraph.
``(D) Notwithstanding paragraph (3), assistance to
combat trafficking (as described in section
481(e)(4)(F) of such Act) shall be provided to
countries identified in a report under paragraph (1)
and designated under subparagraph (B) or (C) of
paragraph (2), to the extent such countries are
otherwise eligible for such assistance, regardless of
whether the President reports to the appropriate
congressional committees in accordance with such
paragraph.
``(E) Notwithstanding paragraph (3), global health
assistance (as described in section 481(e)(4)(G) of
such Act) shall be provided to countries identified in
a report under paragraph (1) and designated under
subparagraph (B) or (C) of paragraph (2), to the extent
such countries are otherwise eligible for such
assistance, regardless of whether the President reports
to the appropriate congressional committees in
accordance with such paragraph''; and
(C) in subparagraph (F), as redesignated, by
striking ``section clause (i) or (ii) of'' and
inserting ``clause (i) or (ii) of section''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date that is 90 days after the date of the enactment of
this Act.
SEC. 6286. ESTABLISHMENT OF UNITED STATES-ISRAEL OPERATIONS-TECHNOLOGY
WORKING GROUP.
The reference in section 1286(b)(5)(A) to the ``Minister of Defense
of Israel'' is deemed to refer to the ``Secretary of State and the
Minister of Defense of Israel''.
Subtitle H--United States-Israel Security Assistance
SEC. 6290. SHORT TITLE.
This subtitle may be cited as the ``United States-Israel Security
Assistance Authorization Act of 2020''.
SEC. 6290A. DEFINITION.
In this subtitle, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Armed Services of the House of
Representatives.
CHAPTER 1--SECURITY ASSISTANCE FOR ISRAEL
SEC. 6291. FINDINGS.
Congress makes the following findings:
(1) On September 14, 2016, the United States and Israel
signed a 10-year Memorandum of Understanding to reaffirm the
importance of continuing annual United States military
assistance to Israel and cooperative missile defense programs
in a way that enhances Israel's security and strengthens the
bilateral relationship between the 2 countries.
(2) The 2016 Memorandum of Understanding reflects United
States support of Foreign Military Financing grant assistance
to Israel over a 10-year period beginning in fiscal year 2019
and ending in fiscal year 2028.
(3) The 2016 Memorandum of Understanding also reflects
United States support for funding for cooperative programs to
develop, produce, and procure missile, rocket, and projectile
defense capabilities during such 10-year period at an average
funding level of $500,000,000 per year, totaling $5,000,000,000
for such period.
SEC. 6292. STATEMENT OF POLICY.
It is the policy of the United States to provide assistance to the
Government of Israel for the development and acquisition of advanced
capabilities that Israel requires to meet its security needs and to
enhance United States capabilities.
SEC. 6293. SECURITY ASSISTANCE FOR ISRAEL.
Section 513(c) of the Security Assistance Act of 2000 (Public Law
106-280; 114 Stat. 856) is amended--
(1) in paragraph (1), by striking ``2002 and 2003'' and
inserting ``2021, 2022, 2023, 2024, 2025, 2026, 2027, and
2028'';
(2) in paragraph (2), by striking ``equal to--'' and all
that follows and inserting ``not less than $3,300,000,000.'';
and
(3) by amending paragraph (3) to read as follows:
``(3) Disbursement of funds.--Amounts authorized to be
available for Israel under paragraph (1) and subsection (b)(1)
for fiscal years 2021, 2022, 2023, 2024, 2025, 2026, 2027, and
2028 shall be disbursed not later than 30 days after the date
of the enactment of an Act making appropriations for the
Department of State, foreign operations, and related programs
for the respective fiscal year, or October 31 of the respective
fiscal year, whichever is later.''.
SEC. 6294. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.
(a) Department of Defense Appropriations Act, 2005.--Section
12001(d) of the Department of Defense Appropriations Act, 2005 (Public
Law 108-287; 118 Stat. 1011) is amended by striking ``September 30,
2020'' and inserting ``after September 30, 2025''.
(b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
striking ``2013, 2014, 2015, 2016, 2017, 2018, 2019, and 2020'' and
inserting ``2021, 2022, 2023, 2024, and 2025''.
SEC. 6295. EXTENSION OF LOAN GUARANTEES TO ISRAEL.
Chapter 5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended
under the heading ``Loan Guarantees to Israel''--
(1) in the matter preceding the first proviso, by striking
``September 30, 2023'' and inserting ``September 30, 2025'';
and
(2) in the second proviso, by striking ``September 30,
2023'' and inserting ``September 30, 2025''.
SEC. 6296. TRANSFER OF PRECISION GUIDED MUNITIONS TO ISRAEL.
(a) In General.--Notwithstanding section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President is authorized
to transfer to Israel precision guided munitions from reserve stocks
for Israel in such quantities as may be necessary for legitimate self-
defense of Israel and is otherwise consistent with the purposes and
conditions for such transfers under the Arms Export Control Act (22
U.S.C. 2751 et seq.).
(b) Certifications.--Except in case of emergency, as determined by
the President, not later than 5 days before making a transfer under
subsection (a), the President shall certify to the appropriate
congressional committees that the transfer of the precision guided
munitions--
(1) does not affect the ability of the United States to
maintain a sufficient supply of precision guided munitions;
(2) does not harm the combat readiness of the United States
or the ability of the United States to meet its commitment to
allies for the transfer of such munitions;
(3) is necessary for Israel to counter the threat of
rockets in a timely fashion; and
(4) is in the national security interest of the United
States.
SEC. 6297. SENSE OF CONGRESS ON RAPID ACQUISITION AND DEPLOYMENT
PROCEDURES.
It is the sense of Congress that the President should--
(1) prescribe procedures for the rapid acquisition and
deployment of precision guided munitions for United States
counterterrorism missions; or
(2) assist Israel, which is an ally of the United States,
to protect itself against direct missile threats.
SEC. 6298. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION
EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING
REQUIREMENTS.
(a) Findings.--Congress finds the following:
(1) Israel has adopted high standards in the field of
weapons export controls.
(2) Israel has declared its unilateral adherence to the
Missile Technology Control Regime, the Australia Group, and the
Nuclear Suppliers Group.
(3) Israel is a party to--
(A) the Protocol for the Prohibition of the Use in
War of Asphyxiating, Poisonous or Other Gases, and of
Bacteriological Methods of Warfare, signed at Geneva
June 17, 1925 (commonly known as the ``Geneva
Protocol'');
(B) the Convention on the Physical Protection of
Nuclear Material, signed at Vienna and New York March
3, 1980; and
(C) the Convention on Prohibitions or Restrictions
on the Use of Certain Conventional Weapons Which may be
Deemed to be Excessively Injurious or to Have
Indiscriminate Effects, signed at Geneva October 10,
1980.
(4) Section 6(b) of the United States-Israel Strategic
Partnership Act of 2014 (22 U.S.C. 8603 note) directs the
President, consistent with the commitments of the United States
under international agreements, to take steps so that Israel
may be included in the list of countries eligible for the
strategic trade authorization exception under section
740.20(c)(1) of title 15, Code of Federal Regulations, to the
requirement for a license for the export, re-export, or in-
country transfer of an item subject to controls under the
Export Administration Regulations.
(b) Briefing on Eligibility for Strategic Trade Authorization
Exception.--Not later than 120 days after the date of the enactment of
this Act, the President shall brief the appropriate congressional
committees by describing the steps taken to include Israel in the list
of countries eligible for the strategic trade authorization exception
under section 740.20(c)(1) of title 15, Code of Federal Regulations, as
required under section 6(b) of the United States-Israel Strategic
Partnership Act of 2014 (Public Law 113-296).
CHAPTER 2--ENHANCED UNITED STATES-ISRAEL COOPERATION
SEC. 6299. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MEMORANDA
OF UNDERSTANDING TO ENHANCE COOPERATION WITH ISRAEL.
(a) Findings.--Congress finds that the United States Agency for
International Development and Israel's Agency for International
Development Cooperation signed memoranda of understanding in 2012,
2017, and 2019 to coordinate the agencies' respective efforts to
promote common development goals in third countries.
(b) Sense of Congress Regarding USAID Policy.--It is the sense of
Congress that the Department of State and the United States Agency for
International Development should continue to cooperate with Israel to
advance common development goals in third countries across a wide
variety of sectors, including energy, agriculture, food security,
democracy, human rights, governance, economic growth, trade, education,
environment, global health, water, and sanitation.
(c) Memoranda of Understanding.--The Secretary of State, acting
through the Administrator of the United States Agency for International
Development, may enter into memoranda of understanding with Israel to
advance common goals on energy, agriculture, food security, democracy,
human rights, governance, economic growth, trade, education,
environment, global health, water, and sanitation, with a focus on
strengthening mutual ties and cooperation with nations throughout the
world.
SEC. 6299A. COOPERATIVE PROJECTS AMONG THE UNITED STATES, ISRAEL, AND
DEVELOPING COUNTRIES.
Section 106 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151d)
is amended by striking subsections (e) and (f) and inserting the
following:
``(e) There are authorized to be appropriated $2,000,000 for each
of the fiscal years 2021 through 2025 to finance cooperative projects
among the United States, Israel, and developing countries that identify
and support local solutions to address sustainability challenges
relating to water resources, agriculture, and energy storage,
including--
``(1) establishing public-private partnerships;
``(2) supporting the identification, research, development
testing, and scaling of innovations that focus on populations
that are vulnerable to environmental and resource-scarcity
crises, such as subsistence farming communities;
``(3) seed or transition-to-scale funding;
``(4) clear and appropriate branding and marking of United
States funded assistance, in accordance with section 641; and
``(5) accelerating demonstrations or applications of local
solutions to sustainability challenges, or the further
refinement, testing, or implementation of innovations that have
previously effectively addressed sustainability challenges.
``(f) Amounts appropriated pursuant to subsection (e) shall be
obligated in accordance with the memoranda of understanding referred to
in subsections (a) and (c) of section 6299 of the United States-Israel
Security Assistance Authorization Act of 2020''.
SEC. 6299B. JOINT COOPERATIVE PROGRAM RELATED TO INNOVATION AND HIGH-
TECH FOR THE MIDDLE EAST REGION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should help foster cooperation in the
Middle East region by financing and, as appropriate,
cooperating in projects related to innovation and advanced
technologies; and
(2) projects referred to in paragraph (1) should--
(A) contribute to development and the quality of
life in the Middle East region through the application
of research and advanced technology; and
(B) contribute to Arab-Israeli cooperation by
establishing strong working relationships that last
beyond the life of such projects.
(b) Establishment.--The Secretary of State, acting through the
Administrator of the United States Agency for International
Development, is authorized to seek to establish a program between the
United States and appropriate regional partners to provide for
cooperation in the Middle East region by supporting projects related to
innovation and advanced technologies.
(c) Project Requirements.--Each project carried out under the
program established pursuant to subsection (b)--
(1) shall include the participation of at least 1 entity
from Israel and 1 entity from another regional partner; and
(2) shall be conducted in a manner that appropriately
protects sensitive information, intellectual property, the
national security interests of the United States, and the
national security interests of Israel.
SEC. 6299C. SENSE OF CONGRESS ON UNITED STATES-ISRAEL ECONOMIC
COOPERATION.
It is the sense of Congress that--
(1) the United States-Israel economic partnership--
(A) has achieved great tangible and intangible
benefits to both countries; and
(B) is a foundational component of the strong
alliance;
(2) science and technology innovations present promising
new frontiers for United States-Israel economic cooperation,
particularly in light of widespread drought, cybersecurity
attacks, and other major challenges impacting the United
States; and
(3) the President should regularize and expand existing
forums of economic dialogue with Israel and foster both public
and private sector participation.
SEC. 6299D. COOPERATION ON DIRECTED ENERGY CAPABILITIES.
(a) Authority.--
(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, is authorized to carry
out research, development, test, and evaluation activities, on
a joint basis with Israel, to establish directed energy
capabilities that address threats to the United States,
deployed forces of the United States, or Israel. Any activities
carried out under this paragraph shall be conducted in a manner
that appropriately protects sensitive information, intellectual
property, the national security interests of the United States,
and the national security interests of Israel.
(2) Report.--The activities described in paragraph (1) may
be carried out after the Secretary of Defense, with the
concurrence of the Secretary of State, submits a report to the
appropriate congressional committees that includes--
(A) a memorandum of agreement between the United
States and Israel regarding sharing of research and
development costs for the capabilities described in
paragraph (1), and any supporting documents; and
(B) a certification that the memorandum of
agreement referred to in subparagraph (A)--
(i) requires sharing of costs of projects,
including in-kind support, between the United
States and Israel;
(ii) establishes a framework to negotiate
the rights to any intellectual property
developed under the memorandum of agreement;
and
(iii) requires the United States Government
to receive semiannual reports on expenditure of
funds, if any, by the Government of Israel,
including--
(I) a description of what the funds
have been used for and when funds were
expended; and
(II) the identification of entities
that expended such funds.
(b) Support in Connection With Activities.--
(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, is authorized to provide
maintenance and sustainment support to Israel for the directed
energy capabilities research, development, test, and evaluation
activities authorized under subsection (a)(1), including the
installation of equipment that is necessary to carry out such
research, development, test, and evaluation.
(2) Report.--The support described in paragraph (1) may not
be provided until 15 days after the date on which the Secretary
of Defense, with the concurrence of the Secretary of State,
submits a report to the appropriate congressional committees
that describes in detail the support to be provided.
(3) Matching contribution.--The support described in
paragraph (1) may not be provided unless the Secretary of
Defense, with the concurrence of the Secretary of State,
certifies to the appropriate congressional committees that the
Government of Israel will contribute to such support--
(A) an amount not less than the amount of support
to be so provided; or
(B) an amount that otherwise meets the best efforts
of Israel, as mutually agreed to by the United States
and Israel.
(c) Semiannual Report.--The Secretary of Defense, with the
concurrence of the Secretary of State, shall submit a semiannual report
to the appropriate congressional committees that includes the most
recent semiannual report provided by the Government of Israel to the
United States Government.
SEC. 6299E. PLANS TO PROVIDE ISRAEL WITH NECESSARY DEFENSE ARTICLES AND
SERVICES IN A CONTINGENCY.
(a) In General.--The President shall establish and update, as
appropriate, plans to provide Israel with defense articles and services
that are determined by the Secretary of Defense to be necessary for the
defense of Israel in a contingency.
(b) Congressional Briefing.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the President
shall brief the appropriate congressional committees regarding the
status of the plans required under subsection (a).
SEC. 6299F. OTHER MATTERS OF COOPERATION.
(a) In General.--Activities authorized under this section shall be
carried out with the concurrence of the Secretary of State and aligned
with the National Security Strategy of the United States, the United
States Government Global Health Security Strategy, the Department of
State Integrated Country Strategies, the USAID Country Development
Cooperation Strategies, and any equivalent or successor plans or
strategies, as necessary and appropriate
(b) Development of Health Technologies.--
(1) In general.--There is authorized to be appropriated to
the Secretary of Health and Human Services $4,000,000 for each
of the fiscal years 2021 through 2023 for a bilateral
cooperative program with the Government of Israel that awards
grants for the development of health technologies, including
health technologies listed in paragraph (2), subject to
paragraph (3), with an emphasis on collaboratively advancing
the use of technology and personalized medicine in relation to
COVID-19.
(2) Types of health technologies.--The health technologies
described in this paragraph may include technologies such as
sensors, drugs and vaccinations, respiratory assist devices,
diagnostic tests, and telemedicine.
(3) Restrictions on funding.--Amounts appropriated pursuant
to paragraph (1) are subject to a matching contribution from
the Government of Israel.
(4) Option for establishing new program.--Amounts
appropriated pursuant to paragraph (1) may be expended for a
bilateral program with the Government of Israel that--
(A) is in existence on the day before the date of
the enactment of this Act for the purposes described in
paragraph (1); or
(B) is established after the date of the enactment
of this Act by the Secretary of Health and Human
Services, in consultation with the Secretary of State,
in accordance with the Agreement between the Government
of the United States of America and the Government of
the State of Israel on Cooperation in Science and
Technology for Homeland Security Matters, done at
Jerusalem May 29, 2008 (or a successor agreement), for
the purposes described in paragraph (1).
(c) Coordinator of United States-Israel Research and Development.--
(1) In general.--The President may designate the Assistant
Secretary of State for the Bureau of Oceans and International
Environmental and Scientific Affairs, or another appropriate
Department of State official, to act as Coordinator of United
States-Israel Research and Development (referred to in this
subsection as the ``Coordinator'').
(2) Authorities and duties.--The Coordinator, in
conjunction with the heads of relevant Federal Government
departments and agencies and in coordination with the Israel
Innovation Authority, may oversee civilian science and
technology programs on a joint basis with Israel.
(d) Office of Global Policy and Strategy of the Food and Drug
Administration.--
(1) In general.--It is the sense of Congress that the
Commissioner of the Food and Drug Administration should seek to
explore collaboration with Israel through the Office of Global
Policy and Strategy.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commissioner, acting through the
head of the Office of Global Policy and Strategy, shall submit
a report describing the benefits to the United States and to
Israel of opening an office in Israel for the Office of Global
Policy and Strategy to--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(e) United States-Israel Energy Center.--There is authorized to be
appropriated to the Secretary of Energy $4,000,000 for each of the
fiscal years 2021 through 2023 to carry out the activities of the
United States-Israel Energy Center established pursuant to section
917(d) of the Energy Independence and Security Act of 2007 (42 U.S.C.
17337(d)).
(f) United States-Israel Binational Industrial Research and
Development Foundation.--It is the sense of Congress that grants to
promote covered energy projects conducted by, or in conjunction with,
the United States-Israel Binational Industrial Research and Development
Foundation should be funded at not less than $2,000,000 annually under
section 917(b) of the Energy Independence and Security Act of 2007 (42
U.S.C. 17337(b)).
(g) United States-Israel Cooperation on Energy, Water, Homeland
Security, Agriculture, and Alternative Fuel Technologies.--Section 7 of
the United States-Israel Strategic Partnership Act of 2014 (22 U.S.C.
8606) is amended by adding at the end the following:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for each of the
fiscal years 2021 through 2023.''.
(h) Annual Policy Dialogue.--It is the sense of Congress that the
Department of Transportation and Israel's Ministry of Transportation
should engage in an annual policy dialogue to implement the 2016
Memorandum of Cooperation signed by the Secretary of Transportation and
the Israeli Minister of Transportation.
(i) Cooperation on Space Exploration and Science Initiatives.--The
Administrator of the National Aeronautics and Space Administration
shall continue to work with the Israel Space Agency to identify and
cooperatively pursue peaceful space exploration and science initiatives
in areas of mutual interest, taking all appropriate measures to protect
sensitive information, intellectual property, trade secrets, and
economic interests of the United States.
(j) Research and Development Cooperation Relating to Desalination
Technology.--Not later than 1 year after the date of the enactment of
this Act, the Director of the Office of Science and Technology Policy
shall submit a report that describes research and development
cooperation with international partners, such as the State of Israel,
in the area of desalination technology in accordance with section
9(b)(3) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note)
to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Energy and Natural Resources of the
Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Natural Resources of the House of
Representatives.
(k) Research and Treatment of Posttraumatic Stress Disorder.--It is
the sense of Congress that the Secretary of Veterans Affairs should
seek to explore collaboration between the Mental Illness Research,
Education and Clinical Centers of Excellence and Israeli institutions
with expertise in researching and treating posttraumatic stress
disorder.
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.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Congress a report
detailing the mission need and efficacy of full disk encryption across
Non-classified Internet Protocol Router Network (NIPRNet) and Secretary
Internet Protocol Router Network (SIPRNet) endpoint computer systems.
Such report shall cover matters relating to cost, mission impact, and
implementation timeline.
SEC. 6612. GUIDANCE AND DIRECTION ON USE OF DIRECT HIRING PROCESSES FOR
ARTIFICIAL INTELLIGENCE PROFESSIONALS AND OTHER DATA
SCIENCE AND SOFTWARE DEVELOPMENT PERSONNEL.
(a) Guidance Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
guidance to the secretaries of the military departments and the heads
of the defense components on improved use of the direct hiring
processes for artificial intelligence professionals and other data
science and software development personnel.
(b) Objective.--The objective of the guidance issued under
subsection (a) shall be to ensure that organizational leaders assume
greater responsibility for the results of civilian hiring of artificial
intelligence professionals and other data science and software
development personnel.
(c) Contents of Guidance.--At a minimum, the guidance required by
subsection (a) shall--
(1) instruct human resources professionals and hiring
authorities to utilize available direct hiring authorities
(including excepted service authorities) for the hiring of
artificial intelligence professionals and other data science
and software development personnel, to the maximum extent
practicable;
(2) instruct hiring authorities, when using direct hiring
authorities, to prioritize utilization of panels of subject
matter experts over human resources professionals to assess
applicant qualifications and determine which applicants are
best qualified for a position;
(3) authorize and encourage the use of ePortfolio reviews
to provide insight into the previous work of applicants as a
tangible demonstration of capabilities and contribute to the
assessment of applicant qualifications by subject matter
experts; and
(4) encourage the use of referral bonuses for recruitment
and hiring of highly qualified artificial intelligence
professionals and other data science and software development
personnel in accordance with volume 451 of Department of
Defense Instruction 1400.25.
(d) Report.--
(1) In general.--Not later than one year after the date on
which the guidance is issued under subsection (a), the
Secretary shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report on the guidance issued pursuant to
subsection (a).
(2) Contents.--At a minimum, the report submitted under
paragraph (1) shall address the following:
(A) The objectives of the guidance and the manner
in which the guidance seeks to achieve those
objectives.
(B) The effect of the guidance on the hiring
process for artificial intelligence professionals and
other data science and software development personnel,
including the effect on--
(i) hiring time;
(ii) the use of direct hiring authority;
(iii) the use of subject matter experts;
and
(iv) the quality of new hires, as assessed
by hiring managers and organizational leaders.
SEC. 6613. CYBERSECURITY STATE COORDINATOR ACT.
(a) Short Title.--This section may be cited as the ``Cybersecurity
State Coordinator Act of 2020''.
(b) Cybersecurity State Coordinator.--
(1) In general.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--
(A) in section 2202(c) (6 U.S.C. 652(c))--
(i) in paragraph (10), by striking ``and''
at the end;
(ii) by redesignating paragraph (11) as
paragraph (12); and
(iii) by inserting after paragraph (10) the
following:
``(11) appoint a Cybersecurity State Coordinator in each
State, as described in section 2215; and''; and
(B) by adding at the end the following:
``SEC. 2215. CYBERSECURITY STATE COORDINATOR.
``(a) Appointment.--The Director shall appoint an employee of the
Agency in each State, with the appropriate cybersecurity qualifications
and expertise, who shall serve as the Cybersecurity State Coordinator.
``(b) Duties.--The duties of a Cybersecurity State Coordinator
appointed under subsection (a) shall include--
``(1) building strategic relationships across Federal and,
on a voluntary basis, non-Federal entities by advising on
establishing governance structures to facilitate the
development and maintenance of secure and resilient
infrastructure;
``(2) serving as a Federal cybersecurity risk advisor and
coordinating between Federal and, on a voluntary basis, non-
Federal entities to support preparation, response, and
remediation efforts relating to cybersecurity risks and
incidents;
``(3) facilitating the sharing of cyber threat information
between Federal and, on a voluntary basis, non-Federal entities
to improve understanding of cybersecurity risks and situational
awareness of cybersecurity incidents;
``(4) raising awareness of the financial, technical, and
operational resources available from the Federal Government to
non-Federal entities to increase resilience against cyber
threats;
``(5) supporting training, exercises, and planning for
continuity of operations to expedite recovery from
cybersecurity incidents, including ransomware;
``(6) serving as a principal point of contact for non-
Federal entities to engage, on a voluntary basis, with the
Federal Government on preparing, managing, and responding to
cybersecurity incidents;
``(7) assisting non-Federal entities in developing and
coordinating vulnerability disclosure programs consistent with
Federal and information security industry standards; and
``(8) performing such other duties as determined necessary
by the Director to achieve the goal of managing cybersecurity
risks in the United States and reducing the impact of cyber
threats to non-Federal entities.
``(c) Feedback.--The Director shall consult with relevant State and
local officials regarding the appointment, and State and local
officials and other non-Federal entities regarding the performance, of
the Cybersecurity State Coordinator of a State.''.
(2) Oversight.--The Director of the Cybersecurity and
Infrastructure Security Agency shall provide to the Committee
on Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a briefing on the placement and efficacy of the
Cybersecurity State Coordinators appointed under section 2215
of the Homeland Security Act of 2002, as added by paragraph
(1)--
(A) not later than 1 year after the date of
enactment of this Act; and
(B) not later than 2 years after providing the
first briefing under this paragraph.
(3) Rule of construction.--Nothing in this subsection or
the amendments made by this subsection shall be construed to
affect or otherwise modify the authority of Federal law
enforcement agencies with respect to investigations relating to
cybersecurity incidents.
(4) Technical and conforming amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the item relating to section 2214 the following:
``Sec. 2215. Cybersecurity State Coordinator.''.
SEC. 6614. CYBERSECURITY ADVISORY COMMITTEE.
(a) Short Title.--This section may be cited as the ``Cybersecurity
Advisory Committee Authorization Act of 2020''.
(b) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.), as amended by section 6613 of this
Act, is further amended by adding at the end the following:
``SEC. 2216. CYBERSECURITY ADVISORY COMMITTEE.
``(a) Establishment.--The Secretary shall establish within the
Agency a Cybersecurity Advisory Committee (referred to in this section
as the `Advisory Committee').
``(b) Duties.--
``(1) In general.--The Advisory Committee shall advise,
consult with, report to, and make recommendations to the
Director, as appropriate, on the development, refinement, and
implementation of policies, programs, planning, and training
pertaining to the cybersecurity mission of the Agency.
``(2) Recommendations.--
``(A) In general.--The Advisory Committee shall
develop, at the request of the Director,
recommendations for improvements to advance the
cybersecurity mission of the Agency and strengthen the
cybersecurity of the United States.
``(B) Recommendations of subcommittees.--
Recommendations agreed upon by subcommittees
established under subsection (d) for any year shall be
approved by the Advisory Committee before the Advisory
Committee submits to the Director the annual report
under paragraph (4) for that year.
``(3) Periodic reports.--The Advisory Committee shall
periodically submit to the Director--
``(A) reports on matters identified by the
Director; and
``(B) reports on other matters identified by a
majority of the members of the Advisory Committee.
``(4) Annual report.--
``(A) In general.--The Advisory Committee shall
submit to the Director an annual report providing
information on the activities, findings, and
recommendations of the Advisory Committee, including
its subcommittees, for the preceding year.
``(B) Publication.--Not later than 180 days after
the date on which the Director receives an annual
report for a year under subparagraph (A), the Director
shall publish a public version of the report describing
the activities of the Advisory Committee and such
related matters as would be informative to the public
during that year, consistent with section 552(b) of
title 5, United States Code.
``(5) Feedback.--Not later than 90 days after receiving any
recommendation submitted by the Advisory Committee under
paragraph (2), (3), or (4), the Director shall respond in
writing to the Advisory Committee with feedback on the
recommendation. Such a response shall include--
``(A) with respect to any recommendation with which
the Director concurs, an action plan to implement the
recommendation; and
``(B) with respect to any recommendation with which
the Director does not concur, a justification for why
the Director does not plan to implement the
recommendation.
``(6) Congressional notification.--Not less frequently than
once per year after the date of enactment of this section, the
Director shall provide to the Committee on Homeland Security
and Governmental Affairs and the Committee on Appropriations of
the Senate and the Committee on Homeland Security and the
Committee on Appropriations of the House of Representatives a
briefing on feedback from the Advisory Committee.
``(7) Governance rules.--The Director shall establish rules
for the structure and governance of the Advisory Committee and
all subcommittees established under subsection (d).
``(c) Membership.--
``(1) Appointment.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Cybersecurity Advisory
Committee Authorization Act of 2020, the Director shall
appoint the members of the Advisory Committee.
``(B) Composition.--The membership of the Advisory
Committee shall consist of not more than 35
individuals.
``(C) Representation.--
``(i) In general.--The membership of the
Advisory Committee shall--
``(I) consist of subject matter
experts;
``(II) be geographically balanced;
and
``(III) include representatives of
State, local, and Tribal governments
and of a broad range of industries,
which may include the following:
``(aa) Defense.
``(bb) Education.
``(cc) Financial services
and insurance.
``(dd) Healthcare.
``(ee) Manufacturing.
``(ff) Media and
entertainment.
``(gg) Chemicals.
``(hh) Retail.
``(ii) Transportation.
``(jj) Energy.
``(kk) Information
Technology.
``(ll) Communications.
``(mm) Other relevant
fields identified by the
Director.
``(ii) Prohibition.--Not less than 1 member
nor more than 3 members may represent any 1
category under clause (i)(III).
``(iii) Publication of membership list.--
The Advisory Committee shall publish its
membership list on a publicly available website
not less than once per fiscal year and shall
update the membership list as changes occur.
``(2) Term of office.--
``(A) Terms.--The term of each member of the
Advisory Committee shall be 2 years, except that a
member may continue to serve until a successor is
appointed.
``(B) Removal.--The Director may review the
participation of a member of the Advisory Committee and
remove such member any time at the discretion of the
Director.
``(C) Reappointment.--A member of the Advisory
Committee may be reappointed for an unlimited number of
terms.
``(3) Prohibition on compensation.--The members of the
Advisory Committee may not receive pay or benefits from the
United States Government by reason of their service on the
Advisory Committee.
``(4) Meetings.--
``(A) In general.--The Director shall require the
Advisory Committee to meet not less frequently than
semiannually, and may convene additional meetings as
necessary.
``(B) Public meetings.--At least one of the
meetings referred to in subparagraph (A) shall be open
to the public.
``(C) Attendance.--The Advisory Committee shall
maintain a record of the persons present at each
meeting.
``(5) Member access to classified information.--
``(A) In general.--Not later than 60 days after the
date on which a member is first appointed to the
Advisory Committee and before the member is granted
access to any classified information, the Director
shall determine, for the purposes of the Advisory
Committee, if the member should be restricted from
reviewing, discussing, or possessing classified
information.
``(B) Access.--Access to classified materials shall
be managed in accordance with Executive Order No. 13526
of December 29, 2009 (75 Fed. Reg. 707), or any
subsequent corresponding Executive Order.
``(C) Protections.--A member of the Advisory
Committee shall protect all classified information in
accordance with the applicable requirements for the
particular level of classification of such information.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to affect the security
clearance of a member of the Advisory Committee or the
authority of a Federal agency to provide a member of
the Advisory Committee access to classified
information.
``(6) Chairperson.--The Advisory Committee shall select,
from among the members of the Advisory Committee--
``(A) a member to serve as chairperson of the
Advisory Committee; and
``(B) a member to serve as chairperson of each
subcommittee of the Advisory Committee established
under subsection (d).
``(d) Subcommittees.--
``(1) In general.--The Director shall establish
subcommittees within the Advisory Committee to address
cybersecurity issues, which may include the following:
``(A) Information exchange.
``(B) Critical infrastructure.
``(C) Risk management.
``(D) Public and private partnerships.
``(2) Meetings and reporting.--Each subcommittee shall meet
not less frequently than semiannually, and submit to the
Advisory Committee for inclusion in the annual report required
under subsection (b)(4) information, including activities,
findings, and recommendations, regarding subject matter
considered by the subcommittee.
``(3) Subject matter experts.--The chair of the Advisory
Committee shall appoint members to subcommittees and shall
ensure that each member appointed to a subcommittee has subject
matter expertise relevant to the subject matter of the
subcommittee.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135),
as so amended, is further amended by inserting after the item relating
to section 2215 the following:
``Sec. 2216. Cybersecurity Advisory Committee.''.
SEC. 6615. CYBERSECURITY EDUCATION AND TRAINING ASSISTANCE PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States continues to face critical shortages
in the national cybersecurity workforce;
(2) the Cybersecurity and Infrastructure Security Agency
within the Department of Homeland Security has the
responsibility to manage cyber and physical risks to our
critical infrastructure, including by ensuring a national
workforce supply to support cybersecurity through education,
training, and capacity development efforts;
(3) to reestablish the technology leadership, security, and
economic competitiveness of the United States, the
Cybersecurity and Infrastructure Security Agency should create
a sustainable pipeline by strengthening K-12 cybersecurity
outreach and education nationwide.
(b) Authorities.--Section 2202(e)(1) of the Homeland Security Act
of 2002 (6 U.S.C. 652(e)(1)) is amended by adding at the end the
following:
``(R) To encourage and build cybersecurity
awareness and competency across the United States and
to develop, attract, and retain the cybersecurity
workforce necessary for the cybersecurity related
missions of the Department, including by--
``(i) overseeing K-12 cybersecurity
education and awareness related programs at the
agency;
``(ii) leading efforts to develop, attract,
and retain the cybersecurity workforce
necessary for the cybersecurity related
missions of the Department;
``(iii) encouraging and building
cybersecurity awareness and competency across
the United States; and
``(iv) carrying out cybersecurity related
workforce development activities, including
through--
``(I) increasing the pipeline of
future cybersecurity professionals
through programs focused on K-12,
higher education, and non-traditional
students; and
``(II) building awareness of and
competency in cybersecurity across the
civilian Federal government
workforce.''.
(c) Education, Training, and Capacity Development.--Section 2202(c)
of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended--
(1) by redesignating paragraph (11) as paragraph (12);
(2) in paragraph (10), by striking ``and'' at the end; and
(3) by inserting after paragraph (10) the following:
``(11) provide education, training, and capacity
development for Federal and non-Federal entities to enhance the
security and resiliency of domestic and global cybersecurity
and infrastructure security; and''.
(d) Establishment of Training Programs.--Subtitle A of title XXII
of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.), as amended
by section 6614 of this Act, is further amended by adding at the end
the following:
``SEC. 2217. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.
``(a) Establishment.--
``(1) In general.--The Cybersecurity Education and Training
Assistance Program (referred to in this section as `CETAP') is
established within the Agency.
``(2) Purpose.--The purpose of CETAP shall be to support
the effort of the Agency in building and strengthening a
national cybersecurity workforce pipeline capacity through
enabling K-12 cybersecurity education, including by--
``(A) providing foundational cybersecurity
awareness and literacy;
``(B) encouraging cybersecurity career exploration;
and
``(C) supporting the teaching of cybersecurity
skills at the K-12 levels.
``(b) Requirements.--In carrying out CETAP, the Director shall--
``(1) ensure that the program--
``(A) creates and disseminates K-12 cybersecurity-
focused curricula and career awareness materials;
``(B) conducts professional development sessions
for teachers;
``(C) develops resources for the teaching of K-12
cybersecurity-focused curricula;
``(D) provides direct student engagement
opportunities through camps and other programming;
``(E) engages with local and State education
authorities to promote awareness of the program and
ensure that offerings align with State and local
standards;
``(F) integrates with existing post-secondary
education and workforce development programs at the
Department;
``(G) establishes and maintains national standards
for K-12 cyber education;
``(H) partners with cybersecurity and education
stakeholder groups to expand outreach; and
``(I) any other activity the Director determines
necessary to meet the purpose described in subsection
(a)(2); and
``(2) enable the deployment of CETAP nationwide, with
special consideration for underserved populations or
communities.
``(c) Briefings.--
``(1) In general.--Not later than 1 year after the
establishment of CETAP, and annually thereafter, the Secretary
shall brief the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives on the program.
``(2) Contents.--Each briefing conducted under paragraph
(1) shall include--
``(A) estimated figures on the number of students
reached and teachers engaged;
``(B) information on community outreach and State
engagement efforts;
``(C) information on new curricula offerings and
teacher training platforms; and
``(D) information on coordination with post-
secondary education and workforce development programs
at the Department.
``(d) Mission Promotion.--The Director may use appropriated amounts
to purchase promotional and recognition items and marketing and
advertising services to publicize and promote the mission and services
of the Agency, support the activities of the Agency, and to recruit and
retain Agency personnel.''.
(e) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135), as so amended, is further amended by inserting after
the item relating to section 2216 the following:
``Sec. 2217. Cybersecurity Education and Training Programs.''.
Subtitle C--Nuclear Forces
SEC. 6651. REPORT ON ELECTROMAGNETIC PULSE HARDENING OF GROUND-BASED
STRATEGIC DETERRENT WEAPONS SYSTEM.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the congressional defense committees a report on establishing
requirements and protocols to ensure that the ground-based strategic
deterrent weapons system is hardened against electromagnetic pulses.
(b) Elements.--The report required by subsection (a) shall include
a description of the following:
(1) The testing protocols the ground-based strategic
deterrent program will use for electromagnetic pulse testing.
(2) How requirements for electromagnetic pulse hardness
will be integrated into the ground-based strategic deterrent
program.
(3) Plans for electromagnetic pulse verification tests of
the ground-based strategic deterrent weapons system.
(4) Plans for electromagnetic pulse testing of nonmissile
components of the ground-based strategic deterrent weapons
system.
(5) Plans to sustain electromagnetic pulse qualification of
the ground-based strategic deterrent weapons system.
TITLE LXVII--NUCLEAR ENERGY LEADERSHIP
SEC. 6701. ADVANCED NUCLEAR REACTOR RESEARCH AND DEVELOPMENT GOALS.
(a) In General.--Subtitle E of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16271 et seq.) is amended by adding at the end the
following:
``SEC. 959A. ADVANCED NUCLEAR REACTOR RESEARCH AND DEVELOPMENT GOALS.
``(a) Definitions.--In this section:
``(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' means--
``(A) a nuclear fission reactor, including a
prototype plant (as defined in sections 50.2 and 52.1
of title 10, Code of Federal Regulations (or successor
regulations)), with significant improvements compared
to the most recent generation of fission reactors,
including improvements such as--
``(i) additional inherent safety features;
``(ii) lower waste yields;
``(iii) improved fuel performance;
``(iv) increased tolerance to loss of fuel
cooling;
``(v) enhanced reliability;
``(vi) increased proliferation resistance;
``(vii) increased thermal efficiency;
``(viii) reduced consumption of cooling
water;
``(ix) the ability to integrate into
electric applications and nonelectric
applications;
``(x) modular sizes to allow for deployment
that corresponds with the demand for
electricity; or
``(xi) operational flexibility to respond
to changes in demand for electricity and to
complement integration with intermittent
renewable energy; and
``(B) a fusion reactor.
``(2) Demonstration project.--The term `demonstration
project' means an advanced nuclear reactor operated in any
manner, including as part of the power generation facilities of
an electric utility system, for the purpose of demonstrating
the suitability for commercial application of the advanced
nuclear reactor.
``(b) Purpose.--The purpose of this section is to direct the
Secretary, as soon as practicable after the date of enactment of this
section, to advance the research and development of domestic advanced,
affordable, and clean nuclear energy by--
``(1) demonstrating different advanced nuclear reactor
technologies that could be used by the private sector to
produce--
``(A) emission-free power at a levelized cost of
electricity of $60 per megawatt-hour or less;
``(B) heat for community heating, industrial
purposes, or synthetic fuel production;
``(C) remote or off-grid energy supply; or
``(D) backup or mission-critical power supplies;
``(2) developing subgoals for nuclear energy research
programs that would accomplish the goals of the demonstration
projects carried out under subsection (c);
``(3) identifying research areas that the private sector is
unable or unwilling to undertake due to the cost of, or risks
associated with, the research; and
``(4) facilitating the access of the private sector--
``(A) to Federal research facilities and personnel;
and
``(B) to the results of research relating to civil
nuclear technology funded by the Federal Government.
``(c) Demonstration Projects.--
``(1) In general.--The Secretary shall, to the maximum
extent practicable--
``(A) enter into agreements to complete not fewer
than 2 demonstration projects by not later than
December 31, 2025; and
``(B) establish a program to enter into agreements
to complete 1 additional operational demonstration
project by not later than December 31, 2035.
``(2) Requirements.--In carrying out demonstration projects
under paragraph (1), the Secretary shall--
``(A) include diversity in designs for the advanced
nuclear reactors demonstrated under this section,
including designs using various--
``(i) primary coolants;
``(ii) fuel types and compositions; and
``(iii) neutron spectra;
``(B) seek to ensure that--
``(i) the long-term cost of electricity or
heat for each design to be demonstrated under
this subsection is cost-competitive in the
applicable market;
``(ii) the selected projects can meet the
deadline established in paragraph (1) to
demonstrate first-of-a-kind advanced nuclear
reactor technologies, for which additional
information shall be considered, including--
``(I) the technology readiness
level of a proposed advanced nuclear
reactor technology;
``(II) the technical abilities and
qualifications of teams desiring to
demonstrate a proposed advanced nuclear
reactor technology; and
``(III) the capacity to meet cost-
share requirements of the Department;
``(C) ensure that each evaluation of candidate
technologies for the demonstration projects is
completed through an external review of proposed
designs, which review shall--
``(i) be conducted by a panel that includes
not fewer than 1 representative of each of--
``(I) an electric utility; and
``(II) an entity that uses high-
temperature process heat for
manufacturing or industrial processing,
such as a petrochemical company, a
manufacturer of metals, or a
manufacturer of concrete;
``(ii) include a review of cost-
competitiveness and other value streams,
together with the technology readiness level,
of each design to be demonstrated under this
subsection; and
``(iii) not be required for a demonstration
project that receives no financial assistance
from the Department for construction costs;
``(D) for federally funded demonstration projects,
enter into cost-sharing agreements with private sector
partners in accordance with section 988 for the conduct
of activities relating to the research, development,
and demonstration of private-sector advanced nuclear
reactor designs under the program;
``(E) work with private sector partners to identify
potential sites, including Department-owned sites, for
demonstrations, as appropriate;
``(F) align specific activities carried out under
demonstration projects carried out under this
subsection with priorities identified through direct
consultations between--
``(i) the Department;
``(ii) National Laboratories;
``(iii) institutions of higher education;
``(iv) traditional end-users (such as
electric utilities);
``(v) potential end-users of new
technologies (such as users of high-temperature
process heat for manufacturing processing,
including petrochemical companies,
manufacturers of metals, or manufacturers of
concrete); and
``(vi) developers of advanced nuclear
reactor technology; and
``(G) seek to ensure that the demonstration
projects carried out under paragraph (1) do not cause
any delay in a deployment of an advanced reactor by
private industry and the Department that is underway as
of the date of enactment of this section.
``(3) Additional requirements.--In carrying out
demonstration projects under paragraph (1), the Secretary
shall--
``(A) identify candidate technologies that--
``(i) are not developed sufficiently for
demonstration within the initial required
timeframe described in paragraph (1)(A); but
``(ii) could be demonstrated within the
timeframe described in paragraph (1)(B);
``(B) identify technical challenges to the
candidate technologies identified in subparagraph (A);
``(C) support near-term research and development to
address the highest-risk technical challenges to the
successful demonstration of a selected advanced reactor
technology, in accordance with--
``(i) subparagraph (B); and
``(ii) the research and development
activities under sections 952 and 958;
``(D) establish such technology advisory working
groups as the Secretary determines to be appropriate to
advise the Secretary regarding the technical challenges
identified under subparagraph (B) and the scope of
research and development programs to address the
challenges, in accordance with subparagraph (C), to be
comprised of--
``(i) private-sector advanced nuclear
reactor technology developers;
``(ii) technical experts with respect to
the relevant technologies at institutions of
higher education; and
``(iii) technical experts at the National
Laboratories.
``(d) Goals.--
``(1) In general.--The Secretary shall establish goals for
research relating to advanced nuclear reactors facilitated by
the Department that support the objectives of the program for
demonstration projects established under subsection (c).
``(2) Coordination.--In developing the goals under
paragraph (1), the Secretary shall coordinate, on an ongoing
basis, with members of private industry to advance the
demonstration of various designs of advanced nuclear reactors.
``(3) Requirements.--In developing the goals under
paragraph (1), the Secretary shall ensure that--
``(A) research activities facilitated by the
Department to meet the goals developed under this
subsection are focused on key areas of nuclear research
and deployment ranging from basic science to full-
design development, safety evaluation, and licensing;
``(B) research programs designed to meet the goals
emphasize--
``(i) resolving materials challenges
relating to extreme environments, including
extremely high levels of--
``(I) radiation fluence;
``(II) temperature;
``(III) pressure; and
``(IV) corrosion; and
``(ii) qualification of advanced fuels;
``(C) activities are carried out that address near-
term challenges in modeling and simulation to enable
accelerated design and licensing;
``(D) related technologies, such as technologies to
manage, reduce, or reuse nuclear waste, are developed;
``(E) nuclear research infrastructure is maintained
or constructed, such as--
``(i) currently operational research
reactors at the National Laboratories and
institutions of higher education;
``(ii) hot cell research facilities;
``(iii) a versatile fast neutron source;
and
``(iv) a molten salt testing facility;
``(F) basic knowledge of non-light water coolant
physics and chemistry is improved;
``(G) advanced sensors and control systems are
developed; and
``(H) advanced manufacturing and advanced
construction techniques and materials are investigated
to reduce the cost of advanced nuclear reactors.''.
(b) Table of Contents.--The table of contents of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 594; 132 Stat. 3160) is
amended--
(1) in the item relating to section 917, by striking
``Efficiency'';
(2) in the items relating to each of sections 957, 958, and
959 by inserting ``Sec.'' before the item number; and
(3) by inserting after the item relating to section 959 the
following:
``Sec. 959A. Advanced nuclear reactor research and development
goals.''.
SEC. 6702. NUCLEAR ENERGY STRATEGIC PLAN.
(a) In General.--Subtitle E of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16271 et seq.) (as amended by section 6701(a)) is
amended by adding at the end the following:
``SEC. 959B. NUCLEAR ENERGY STRATEGIC PLAN.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committees on
Energy and Commerce and Science, Space, and Technology of the House of
Representatives a 10-year strategic plan for the Office of Nuclear
Energy of the Department, in accordance with this section.
``(b) Requirements.--
``(1) Components.--The strategic plan under this section
shall designate--
``(A) programs that support the planned
accomplishment of--
``(i) the goals established under section
959A; and
``(ii) the demonstration programs
identified under subsection (c) of that
section; and
``(B) programs that--
``(i) do not support the planned
accomplishment of demonstration programs, or
the goals, referred to in subparagraph (A); but
``(ii) are important to the mission of the
Office of Nuclear Energy, as determined by the
Secretary.
``(2) Program planning.--In developing the strategic plan
under this section, the Secretary shall specify expected
timelines for, as applicable--
``(A) the accomplishment of relevant objectives
under current programs of the Department; or
``(B) the commencement of new programs to
accomplish those objectives.
``(c) Updates.--Not less frequently than once every 2 years, the
Secretary shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committees on Energy and Commerce and Science,
Space, and Technology of the House of Representatives an updated 10-
year strategic plan in accordance with subsection (b), which shall
identify, and provide a justification for, any major deviation from a
previous strategic plan submitted under this section.''.
(b) Table of Contents.--The table of contents of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 594; 132 Stat. 3160) (as
amended by section 6701(b)(3)) is amended by inserting after the item
relating to section 959A the following:
``Sec. 959B. Nuclear energy strategic plan.''.
SEC. 6703. VERSATILE, REACTOR-BASED FAST NEUTRON SOURCE.
Section 955(c)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16275(c)(1)) is amended--
(1) in the paragraph heading, by striking ``Mission need''
and inserting ``Authorization''; and
(2) in subparagraph (A), by striking ``determine the
mission need'' and inserting ``provide''.
SEC. 6704. ADVANCED NUCLEAR FUEL SECURITY PROGRAM.
(a) In General.--Subtitle E of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16271 et seq.) (as amended by section 6702(a)) is
amended by adding at the end the following:
``SEC. 960. ADVANCED NUCLEAR FUEL SECURITY PROGRAM.
``(a) Definitions.--In this section:
``(1) HALEU transportation package.--The term `HALEU
transportation package' means a transportation package that is
suitable for transporting high-assay, low-enriched uranium.
``(2) High-assay, low-enriched uranium.--The term `high-
assay, low-enriched uranium' means uranium with an assay
greater than 5 weight percent, but less than 20 weight percent,
of the uranium-235 isotope.
``(3) High-enriched uranium.--The term `high-enriched
uranium' means uranium with an assay of 20 weight percent or
more of the uranium-235 isotope.
``(b) High-Assay, Low-Enriched Uranium Program for Advanced
Reactors.--
``(1) Establishment.--Not later than 1 year after the date
of enactment of this section, the Secretary shall establish a
program to make available high-assay, low-enriched uranium,
through contracts for sale, resale, transfer, or lease, for use
in commercial or noncommercial advanced nuclear reactors.
``(2) Nuclear fuel ownership.--Each lease under this
subsection shall include a provision establishing that the
high-assay, low-enriched uranium that is the subject of the
lease shall remain the property of the Department, including
with respect to responsibility for the storage, use, or final
disposition of all radioactive waste created by the
irradiation, processing, or purification of any leased high-
assay, low-enriched uranium.
``(3) Quantity.--In carrying out the program under this
subsection, the Secretary shall make available--
``(A) by December 31, 2022, high-assay, low-
enriched uranium containing not less than 2 metric tons
of the uranium-235 isotope; and
``(B) by December 31, 2025, high-assay, low-
enriched uranium containing not less than 10 metric
tons of the uranium-235 isotope (as determined
including the quantities of the uranium-235 isotope
made available before December 31, 2022).
``(4) Factors for consideration.--In carrying out the
program under this subsection, the Secretary shall take into
consideration--
``(A) options for providing the high-assay, low-
enriched uranium under this subsection from a stockpile
of uranium owned by the Department (including the
National Nuclear Security Administration), including--
``(i) fuel that--
``(I) directly meets the needs of
an end-user; but
``(II) has been previously used or
fabricated for another purpose;
``(ii) fuel that can meet the needs of an
end-user after removing radioactive or other
contaminants that resulted from a previous use
or fabrication of the fuel for research,
development, demonstration, or deployment
activities of the Department (including
activities of the National Nuclear Security
Administration); and
``(iii) fuel from a high-enriched uranium
stockpile, which can be blended with lower-
assay uranium to become high-assay, low-
enriched uranium to meet the needs of an end-
user; and
``(B) requirements to support molybdenum-99
production under the American Medical Isotopes
Production Act of 2012 (Public Law 112-239; 126 Stat.
2211).
``(5) Limitations.--
``(A) Final disposition of radioactive waste.--The
Secretary shall not barter or otherwise sell or
transfer uranium in any form in exchange for services
relating to the final disposition of radioactive waste
from uranium that is the subject of a lease under this
subsection.
``(B) National security needs.--The Secretary shall
only make available from Department stockpiles under
this subsection high-assay, low-enriched uranium that
is not needed for national security.
``(6) Sunset.--The program under this subsection shall
terminate on the earlier of--
``(A) January 1, 2035; and
``(B) the date on which uranium enriched up to, but
not equal to, 20 weight percent can be obtained in the
commercial market from domestic suppliers.
``(c) Report.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall submit to the
appropriate committees of Congress a report that describes
actions proposed to be carried out by the Secretary--
``(A) under the program under subsection (b); or
``(B) otherwise to enable the commercial use of
high-assay, low-enriched uranium.
``(2) Coordination and stakeholder input.--In developing
the report under this subsection, the Secretary shall seek
input from--
``(A) the Nuclear Regulatory Commission;
``(B) the National Laboratories;
``(C) institutions of higher education;
``(D) producers of medical isotopes;
``(E) a diverse group of entities operating in the
nuclear energy industry; and
``(F) a diverse group of technology developers.
``(3) Cost and schedule estimates.--The report under this
subsection shall include estimated costs, budgets, and
timeframes for enabling the use of high-assay, low-enriched
uranium.
``(4) Required evaluations.--The report under this
subsection shall evaluate--
``(A) the costs and actions required to establish
and carry out the program under subsection (b),
including with respect to--
``(i) proposed preliminary terms for the
sale, resale, transfer, and leasing of high-
assay, low-enriched uranium (including
guidelines defining the roles and
responsibilities between the Department and the
purchaser, transfer recipient, or lessee); and
``(ii) the potential to coordinate with
purchasers, transfer recipients, and lessees
regarding--
``(I) fuel fabrication; and
``(II) fuel transport;
``(B) the potential sources and fuel forms
available to provide uranium for the program under
subsection (b);
``(C) options to coordinate the program under
subsection (b) with the operation of the versatile
reactor-based fast neutron source under section
955(c)(1);
``(D) the ability of the domestic uranium market to
provide materials for advanced nuclear reactor fuel;
and
``(E) any associated legal, regulatory, and policy
issues that should be addressed to enable--
``(i) the program under subsection (b); and
``(ii) the establishment of a domestic
industry capable of providing high-assay, low-
enriched uranium for commercial and
noncommercial purposes, including with respect
to the needs of--
``(I) the Department;
``(II) the Department of Defense;
and
``(III) the National Nuclear
Security Administration.
``(d) HALEU Transportation Package Research Program.--
``(1) In general.--As soon as practicable after the date of
enactment of this section, the Secretary shall establish a
research, development, and demonstration program under which
the Secretary shall provide financial assistance, on a
competitive basis, to establish the capability to transport
high-assay, low-enriched uranium.
``(2) Requirement.--The focus of the program under this
subsection shall be to establish 1 or more HALEU transportation
packages that can be certified by the Nuclear Regulatory
Commission to transport high-assay, low-enriched uranium to the
various facilities involved in producing or using nuclear fuel
containing high-assay, low-enriched uranium, such as--
``(A) enrichment facilities;
``(B) fuel processing facilities;
``(C) fuel fabrication facilities; and
``(D) nuclear reactors.''.
(b) Clerical Amendment.--The table of contents of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 594; 132 Stat. 3160) (as
amended by section 6702(b)) is amended by inserting after the item
relating to section 959B the following:
``Sec. 960. Advanced nuclear fuel security program.''.
SEC. 6705. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.
Section 313 of the Energy and Water Development and Related
Agencies Appropriations Act, 2009 (42 U.S.C. 16274a) is amended to read
as follows:
``SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.
``(a) Definitions.--In this section:
``(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' means--
``(A) a nuclear fission reactor, including a
prototype plant (as defined in sections 50.2 and 52.1
of title 10, Code of Federal Regulations (or successor
regulations)), with significant improvements compared
to the most recent generation of fission reactors,
including improvements such as--
``(i) additional inherent safety features;
``(ii) lower waste yields;
``(iii) improved fuel performance;
``(iv) increased tolerance to loss of fuel
cooling;
``(v) enhanced reliability;
``(vi) increased proliferation resistance;
``(vii) increased thermal efficiency;
``(viii) reduced consumption of cooling
water;
``(ix) the ability to integrate into
electric applications and nonelectric
applications;
``(x) modular sizes to allow for deployment
that corresponds with the demand for
electricity; or
``(xi) operational flexibility to respond
to changes in demand for electricity and to
complement integration with intermittent
renewable energy; and
``(B) a fusion reactor.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
``(3) Program.--The term `Program' means the University
Nuclear Leadership Program established under subsection (b).
``(b) Establishment.--The Secretary of Energy, the Administrator of
the National Nuclear Security Administration, and the Chairman of the
Nuclear Regulatory Commission shall jointly establish a program, to be
known as the `University Nuclear Leadership Program'.
``(c) Use of Funds.--
``(1) In general.--Except as provided in paragraph (2),
amounts made available to carry out the Program shall be used
to provide financial assistance for scholarships, fellowships,
and research and development projects at institutions of higher
education in areas relevant to the programmatic mission of the
applicable Federal agency, with an emphasis on providing the
financial assistance with respect to research, development,
demonstration, and deployment activities for technologies
relevant to advanced nuclear reactors, including relevant fuel
cycle technologies.
``(2) Exception.--Notwithstanding paragraph (1), amounts
made available to carry out the Program may be used to provide
financial assistance for a scholarship, fellowship, or
multiyear research and development project that does not align
directly with a programmatic mission of the applicable Federal
agency providing the financial assistance, if the activity for
which assistance is provided would facilitate the maintenance
of the discipline of nuclear science or engineering.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Program for fiscal year 2021 and each
fiscal year thereafter--
``(1) $30,000,000 to the Secretary of Energy; and
``(2) $15,000,000 to the Nuclear Regulatory Commission.''.
SEC. 6706. ADJUSTING STRATEGIC PETROLEUM RESERVE MANDATED DRAWDOWNS.
(a) Bipartisan Budget Act of 2015.--Section 403(a) of the
Bipartisan Budget Act of 2015 (42 U.S.C. 6241 note; Public Law 114-74)
is amended--
(1) by striking paragraph (6);
(2) by redesignating paragraphs (7) and (8) as paragraphs
(6) and (7), respectively; and
(3) in paragraph (7) (as so redesignated), by striking
``10,000,000'' and inserting ``20,000,000''.
(b) Fixing America's Surface Transportation Act.--Section
32204(a)(1) of the FAST Act (42 U.S.C. 6241 note; Public Law 114-94) is
amended--
(1) in subparagraph (B)--
(A) by striking ``16,000,000'' and inserting
``11,000,000''; and
(B) by striking ``2023'' and inserting ``2022'';
and
(2) in subparagraph (C), by striking ``25,000,000'' and
inserting ``30,000,000''.
(c) America's Water Infrastructure Act of 2018.--Section 3009(a)(1)
of America's Water Infrastructure Act of 2018 (42 U.S.C. 6241 note;
Public Law 115-270) is amended by striking ``2028'' and inserting
``2030.''
(d) Bipartisan Budget Act of 2018.--Section 30204(a)(1) of the
Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note; Public Law 115-123)
is amended by striking subparagraphs (A) through (C) and inserting the
following:
``(A) 7,500,000 barrels of crude oil during fiscal
year 2022;
``(B) 7,500,000 barrels of crude oil during fiscal
year 2024;
``(C) 15,000,000 barrels of crude oil during fiscal
year 2025;
``(D) 30,000,000 barrels of crude oil during fiscal
year 2029; and
``(E) 40,000,000 barrels of crude oil during fiscal
year 2030.''.
(e) Reconciliation on the Budget for 2018.--Section 20003(a)(1) of
Public Law 115-97 (42 U.S.C. 6241 note) is amended by striking ``the
period of fiscal years 2026 through 2027'' and inserting ``fiscal year
2030''.
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.
Section 2809(b) of the National Defense Authorization Act for
Fiscal Year 2020 is amended--
(1) in paragraph (1), by inserting ``and annually
thereafter,'' after ``this Act,''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``the report''
and inserting ``a report''; and
(B) in subparagraph (B), by inserting ``in which
the project is included'' before the period at the end.
SEC. 7802. MODIFICATION OF CONSTRUCTION OF GROUND-BASED STRATEGIC
DETERRENT LAUNCH FACILITIES AND LAUNCH CENTERS FOR THE
AIR FORCE.
Subsection (e) of section 2802 is deemed to read as follows:
``(e) Funding.--
``(1) In general.--Of the amount authorized to be
appropriated for fiscal year 2021 as specified in the funding
table in section 4601, the Secretary of the Air Force may
expend not more than $15,000,000 for the purposes of planning
and design to support the projects described in subsection (a).
``(2) Increase.--The amount authorized to be appropriated
for fiscal year 2021 for military construction for the Air
Force is hereby increased by $15,000,000, with the amount of
the increase to be designated to Air Force, Unspecified
Worldwide Locations, Planning and Design.
``(3) Offset.--The amount authorized to be appropriated for
fiscal year 2021 for operation and maintenance for the Army is
hereby reduced by $15,000,000, with the amount of the reduction
to be derived from subactivity group 421, Servicewide
Transportation.''.
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.
(a) In General.--Section 2891c of title 10, United States Code, is
amended--
(1) by striking the section heading and inserting the
following: ``Transparency regarding finances and performance
metrics'';
(2) in subsection (b)--
(A) in the subsection heading, by inserting
``Performance Metrics and'' before ``Use of Incentive
Fees'';
(B) in paragraph (1), by striking ``publicly
accessible website, information'' and inserting
``publicly accessible website--
``(A) for each contract for the provision or management of
housing units--
``(i) an assessment of indicators underlying the
performance metrics under such contract to ensure such
indicators adequately measure the condition and quality
of the home or homes covered by the contract,
including--
``(I) resident satisfaction;
``(II) maintenance management;
``(III) project safety; and
``(IV) financial management; and
``(ii) a detailed description of each indicator
assessed under subparagraph (A), including an
indication of--
``(I) the limitations of available survey
data;
``(II) how resident satisfaction and
maintenance management is calculated; and
``(III) whether data is missing; and
``(B) information''; and
(C) in paragraph (2), by striking ``paragraph (1)''
and inserting ``paragraph (1)(B)''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter V of chapter 169 of such title is amended by striking the
item relating to section 2891c and inserting the following new item:
``2891c. Transparency regarding finances and performance metrics.''.
Subtitle D--Land Conveyances
SEC. 7861. ESTABLISHMENT OF INTERAGENCY COMMITTEES ON JOINT USE OF
CERTAIN LAND WITHDRAWN FROM APPROPRIATION UNDER PUBLIC
LAND LAWS.
(a) Interagency Executive Committee on Joint Use by Department of
the Navy and Department of the Interior of Naval Air Station Fallon
Ranges.--Section 3011(a) of the Military Lands Withdrawal Act of 1999
(Public Law 106-65; 113 Stat. 885) is amended by adding at the end the
following new paragraph:
``(5) Intergovernmental executive committee.--
``(A) Establishment.--The Secretary of the Navy and
the Secretary of the Interior shall jointly establish,
by memorandum of understanding, an intergovernmental
executive committee (referred to in this paragraph as
the `executive committee'), for the purpose of
exchanging views, information, and advice relating to
the management of the natural and cultural resources of
the land described in paragraph (2).
``(B) Memorandum of understanding.--The memorandum
of understanding entered into under subparagraph (A)
shall include--
``(i) a description of the officials and
other individuals to be invited to participate
as members in the executive committee under
subparagraph (C);
``(ii) a description of the duties of the
Chairperson and Vice Chairperson of the
executive committee; and
``(iii) subject to subparagraphs (D) and
(E), a procedure for--
``(I) creating a forum to carry out
the purpose described in subparagraph
(A);
``(II) rotating the Chairperson of
the executive committee; and
``(III) scheduling regular meetings
of the executive committee.
``(C) Membership.--The executive committee shall be
comprised of--
``(i) 1 representative of the Nevada
Department of Wildlife;
``(ii) 1 representative of the Nevada
Department of Conservation and Natural
Resources;
``(iii) 1 county commissioner from each of
Churchill, Lyon, Nye, Mineral, and Pershing
Counties, Nevada;
``(iv) 1 representative of each Indian
tribe in the vicinity of the land described in
paragraph (2); and
``(v) not more than 3 members that the
Secretary of the Navy and the Secretary of the
Interior jointly determine would advance the
goals and objectives of the executive
committee.
``(D) Chairperson and vice chairperson.--The
members of the executive committee shall elect from
among the members--
``(i) 1 member to serve as Chairperson of
the executive committee; and
``(ii) 1 member to serve as Vice
Chairperson of the executive committee.
``(E) Meetings.--
``(i) Frequency.--The executive committee
shall meet not less frequently than 3 times
each calendar year.
``(ii) Location.--The location of the
meetings of the executive committee shall
rotate to facilitate ease of access for all
members of the executive committee.
``(iii) Public accessibility.--The meetings
of the executive committee shall--
``(I) be open to the public; and
``(II) serve as a forum for the
public to provide comments regarding
the natural and cultural resources of
the land described in paragraph (2).
``(F) Conditions and terms.--
``(i) In general.--Each member of the
executive committee shall serve voluntarily and
without compensation.
``(ii) Term of appointment.--
``(I) In general.--Except as
provided in subclause (II)(bb), each
member of the executive committee shall
be appointed for a term of 4 years.
``(II) Original members.--Of the
members initially appointed to the
executive committee, the Secretary of
the Navy and the Secretary of the
Interior shall select--
``(aa) \1/2\ to serve for a
term of 4 years; and
``(bb) \1/2\ to serve for a
term of 2 years.
``(iii) Reappointment and replacement.--The
Secretary of the Navy and the Secretary of the
Interior may reappoint or replace, as
appropriate, a member of the executive
committee if--
``(I) the term of the member has
expired;
``(II) the member has resigned; or
``(III) the position held by the
member has changed to the extent that
the ability of the member to represent
the group or entity that the member
represents has been significantly
affected.
``(G) Liaisons.--The Secretary of the Navy and the
Secretary of the Interior shall each appoint
appropriate operational and land management personnel
of the Department of the Navy and the Department of the
Interior, respectively, to serve as liaisons to the
executive committee.''.
(b) Joint Access and Use by Department of the Air Force and
Department of the Interior of Nevada Test and Training Range and Desert
National Wildlife Refuge.--
(1) United states fish and wildlife service and department
of the air force coordination.--Section 3011(b)(5) of the
Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113
Stat. 887) is amended by adding at the end the following new
subparagraph:
``(G) Interagency committee.--
``(i) In general.--The Secretary of the
Interior and the Secretary of the Air Force
shall jointly establish an interagency
committee (referred to in this subparagraph as
the `interagency committee') to facilitate
coordination, manage public access needs and
requirements, and minimize potential conflict
between the Department of the Interior and the
Department of the Air Force with respect to
joint operating areas within the Desert
National Wildlife Refuge.
``(ii) Membership.--The interagency
committee shall include only the following
members:
``(I) Representatives from the
United States Fish and Wildlife
Service.
``(II) Representatives from the
Department of the Air Force.
``(III) The Project Leader of the
Desert National Wildlife Refuge
Complex.
``(IV) The Commander of the Nevada
Test and Training Range, Nellis Air
Force Base.
``(iii) Report to congress.--The
interagency committee shall biannually submit
to the Committees on Armed Services,
Environment and Public Works, and Energy and
Natural Resources of the Senate and the
Committees on Armed Services and Natural
Resources of the House of Representatives, and
make available publicly online, a report on the
activities of the interagency committee.''.
(2) Intergovernmental executive committee.--Such section is
further amended by adding at the end the following new
subparagraph:
``(H) Intergovernmental executive committee.--
``(i) Establishment.--The Secretary of the
Interior and the Secretary of the Air Force
shall jointly establish, by memorandum of
understanding, an intergovernmental executive
committee (referred to in this subparagraph as
the `executive committee') in accordance with
this subparagraph.
``(ii) Purpose.--The executive committee
shall be established for the purposes of--
``(I) exchanging views,
information, and advice relating to the
management of the natural and cultural
resources of the lands withdrawn and
reserved by this section; and
``(II) discussing and making
recommendations to the interagency
committee established under
subparagraph (G) with respect to public
access needs and requirements.
``(iii) Composition.--The executive
committee shall comprise the following members:
``(I) Federal agencies.--The
Secretary of the Interior and the
Secretary of the Air Force shall each
appoint 1 representative from an
interested Federal agency.
``(II) State government.--The
Secretary of the Interior and the
Secretary of the Air Force shall
jointly invite 1 representative of the
Nevada Department of Wildlife.
``(III) Local governments.--The
Secretary of the Interior and the
Secretary of the Air Force shall
jointly invite 1 county commissioner of
each of Clark, Nye, and Lincoln
Counties, Nevada.
``(IV) Tribal governments.--The
Secretary of the Interior and the
Secretary of the Air Force shall
jointly invite 1 representative of each
Indian tribe in the vicinity of the
portions of the joint use area of the
Desert National Wildlife Refuge where
the Secretary of the Interior exercises
primary jurisdiction.
``(V) Public.--The Secretary of the
Interior and the Secretary of the Air
Force shall jointly invite not more
than 3 private individuals who the
Secretary of the Interior and the
Secretary of the Air Force jointly
determine would further the goals and
objectives of the executive committee.
``(VI) Additional members.--The
Secretary of the Interior and the
Secretary of the Air Force may
designate such additional members as
the Secretary of the Interior and the
Secretary of the Air Force jointly
determine to be appropriate.
``(iv) Operation.--The executive committee
shall operate in accordance with the terms set
forth in the memorandum of understanding under
clause (i), which shall specify the officials
or other individuals to be invited to
participate in the executive committee in
accordance with clause (iii).
``(v) Procedures.--Subject to clauses (vi)
and (vii), the memorandum of understanding
under clause (i) shall establish procedures
for--
``(I) creating a forum for carrying
out the purpose described in clause
(ii);
``(II) rotating the Chairperson of
the executive committee; and
``(III) scheduling regular
meetings.
``(vi) Chairperson and vice chairperson.--
``(I) In general.--The members of
the executive committee shall elect
from among the members--
``(aa) 1 member to serve as
the Chairperson of the
executive committee; and
``(bb) 1 member to serve as
the Vice Chairperson of the
executive committee.
``(II) Duties.--The duties of each
of the Chairperson and the Vice
Chairperson shall be included in the
memorandum of understanding under
clause (i).
``(vii) Meetings.--
``(I) Frequency.--The executive
committee shall meet not less
frequently than 3 times each calendar
year.
``(II) Meeting locations.--
Locations of meetings of the executive
committee shall rotate to facilitate
ease of access for all executive
committee members.
``(III) Public accessibility.--
Meetings of the executive committee
shall--
``(aa) be open to the
public; and
``(bb) provide a forum for
the public to provide comment
regarding the management of,
and public access to, the
Nevada Test and Training Range
and the Desert National
Wildlife Refuge.
``(viii) Conditions and terms of
appointment.--
``(I) In general.--Each member of
the executive committee shall serve
voluntarily and without compensation.
``(II) Term of appointment.--
``(aa) In general.--Each
member of the executive
committee shall be appointed
for a term of 4 years.
``(bb) Original members.--
Notwithstanding item (aa), the
Secretary of the Interior and
the Secretary of the Air Force
shall select--
``(AA) \1/2\ of the
original members of the
executive committee to
serve for a term of 4
years; and
``(BB) \1/2\ of the
original members of the
executive committee to
serve for a term of 2
years.
``(III) Reappointment and
replacement.--The Secretary of the
Interior and the Secretary of the Air
Force may reappoint or replace a member
of the executive committee if--
``(aa) the term of the
member has expired;
``(bb) the member has
resigned; or
``(cc) the position held by
the member has changed to the
extent that the ability of the
member to represent the group
or entity that the member
represents has been
significantly affected.
``(ix) Liaisons.--The Secretary of the Air
Force and the Secretary of the Interior shall
each appoint appropriate operational and land
management personnel of the Department of the
Air Force and the Department of the Interior,
respectively, to participate in, and serve as
liaisons to, the executive committee.''.
SEC. 7862. LEASE EXTENSION FOR BRYAN MULTI-SPORTS COMPLEX, WAYNE
COUNTY, NORTH CAROLINA.
(a) Authority.--The Secretary of the Air Force may extend to the
City of Goldsboro the existing lease of the approximately 62-acre Bryan
Multi-Sports Complex located in Wayne County, North Carolina, for the
purpose of operating a sports and recreation facility for the benefit
of both the Air Force and the community.
(b) Duration.--At the option of the Secretary of the Air Force, the
lease entered into under this section may be extended for up to 30
additional years with a total lease period not to exceed 50 years.
(c) Payments Under the Lease.--The Secretary of the Air Force may
waive the requirement under section 2667(b)(4) of title 10, United
States Code, with respect to the lease entered into under this section
if the Secretary determines that the lease enhances the quality of life
of members of the Armed Forces.
(d) Sense of Senate.--It is the Sense of the Senate regarding the
conditions governing the extension of the current lease for the Bryan
Multi-Sports Complex that--
(1) the Senate has determined it is in the best interest of
the community and the Air Force to extend the lease at no cost;
(2) the current lease allowed the Air Force to close their
sports field on Seymour-Johnson Air Force Base and resulted in
a savings of $15,000 per year in utilities and grounds
maintenance costs;
(3) the current sports complex reduces force protection
vulnerability now that the sports complex is located outside
the fence line of the installation; and
(4) the facility has improved the quality of life for
military families stationed at Seymour-Johnson Air Force Base
by allowing members of the Armed Forces and their families to
have access to world class sports facilities located adjacent
to the installation and on-base privatized housing with easy
access by junior enlisted members residing in the dorms.
Subtitle E--Other Matters
SEC. 7881. SENSE OF CONGRESS ON RELOCATION OF JOINT SPECTRUM CENTER.
It is the Sense of Congress that Congress strongly recommends that
the Director of the Defense Information Systems Agency begin the
process for the relocation of the Joint Spectrum Center of the
Department of Defense to the building at Fort Meade that is allocated
for such 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.
Section 3158 and the amendments made by that section shall have no
force or effect.
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021
SEC. 9001. SHORT TITLE.
This division may be cited as the ``Intelligence Authorization Act
for Fiscal Year 2021''.
SEC. 9002. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
TITLE XCI--INTELLIGENCE ACTIVITIES
SEC. 9101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 9102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 9101 for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through (16) of
section 9101, are those specified in the classified Schedule of
Authorizations prepared to accompany this division.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the
budget; or
(C) as otherwise required by law.
SEC. 9103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2021 the sum of
$731,200,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2021 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 9102(a).
TITLE XCII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
SEC. 9201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2021.
TITLE XCIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
SEC. 9301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or the
laws of the United States.
SEC. 9302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
SEC. 9303. CLARIFICATION OF AUTHORITIES AND RESPONSIBILITIES OF
NATIONAL MANAGER FOR NATIONAL SECURITY TELECOMMUNICATIONS
AND INFORMATION SYSTEMS SECURITY.
In carrying out the authorities and responsibilities of the
National Manager for National Security Telecommunications and
Information Systems Security under National Security Directive 42
(signed by the President on July 5, 1990), the National Manager shall
not supervise, oversee, or execute, either directly or indirectly, any
aspect of the National Intelligence Program.
SEC. 9304. CONTINUITY OF OPERATIONS PLANS FOR CERTAIN ELEMENTS OF THE
INTELLIGENCE COMMUNITY IN THE CASE OF A NATIONAL
EMERGENCY.
(a) Definition of Covered National Emergency.--In this section, the
term ``covered national emergency'' means the following:
(1) A major disaster declared by the President under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170).
(2) An emergency declared by the President under section
501 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191).
(3) A national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.).
(4) A public health emergency declared under section 319 of
the Public Health Service Act (42 U.S.C. 247d).
(b) In General.--The Director of National Intelligence, the
Director of the Central Intelligence Agency, the Director of the
National Reconnaissance Office, the Director of the Defense
Intelligence Agency, the Director of the National Security Agency, and
the Director of the National Geospatial-Intelligence Agency shall each
establish continuity of operations plans for use in the case of covered
national emergencies for the element of the intelligence community
concerned.
(c) Submission to Congress.--
(1) Director of national intelligence and director of the
central intelligence agency.--Not later than 7 days after the
date on which a covered national emergency is declared, the
Director of National Intelligence and the Director of the
Central Intelligence Agency shall each submit to the
congressional intelligence committees the plan established
under subsection (b) for that emergency for the element of the
intelligence community concerned.
(2) Director of national reconnaissance office, director of
defense intelligence agency, director of national security
agency, and director of national geospatial-intelligence
agency.--Not later than 7 days after the date on which a
covered national emergency is declared, the Director of the
National Reconnaissance Office, the Director of the Defense
Intelligence Agency, the Director of the National Security
Agency, and the Director of the National Geospatial-
Intelligence Agency shall each submit the plan established
under subsection (b) for that emergency for the element of the
intelligence community concerned to the following:
(A) The congressional intelligence committees.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Armed Services of the House of
Representatives.
(d) Updates.--During a covered national emergency, the Director of
National Intelligence, the Director of the Central Intelligence Agency,
the Director of the National Reconnaissance Office, the Director of the
Defense Intelligence Agency, the Director of the National Security
Agency, and the Director of the National Geospatial-Intelligence Agency
shall each submit any updates to the plans submitted under subsection
(c)--
(1) in accordance with that subsection; and
(2) in a timely manner consistent with section 501 of the
National Security Act of 1947 (50 U.S.C. 3091).
SEC. 9305. APPLICATION OF EXECUTIVE SCHEDULE LEVEL III TO POSITION OF
DIRECTOR OF NATIONAL RECONNAISSANCE OFFICE.
Section 5314 of title 5, United States Code, is amended by adding
at the end the following:
``Director of the National Reconnaissance Office.''.
SEC. 9306. NATIONAL INTELLIGENCE UNIVERSITY.
(a) In General.--Title X of the National Security Act of 1947 (50
U.S.C. 3191 et seq.) is amended by adding at the end the following:
``Subtitle D--National Intelligence University
``SEC. 1031. TRANSFER DATE.
``In this subtitle, the term `transfer date' means the date on
which the National Intelligence University is transferred from the
Defense Intelligence Agency to the Director of National Intelligence
under section 5324(a) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92).
``SEC. 1032. DEGREE-GRANTING AUTHORITY.
``(a) In General.--Beginning on the transfer date, under
regulations prescribed by the Director of National Intelligence, the
President of the National Intelligence University may, upon the
recommendation of the faculty of the University, confer appropriate
degrees upon graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the University is accredited by the appropriate
academic accrediting agency or organization to award the
degree, as determined by the Secretary of Education.
``(c) Congressional Notification Requirements.--
``(1) Actions on nonaccreditation.--Beginning on the
transfer date, the Director shall promptly--
``(A) notify the congressional intelligence
committees of any action by the Middle States
Commission on Higher Education, or other appropriate
academic accrediting agency or organization, to not
accredit the University to award any new or existing
degree; and
``(B) submit to such committees a report containing
an explanation of any such action.
``(2) Modification or redesignation of degree-granting
authority.--Beginning on the transfer date, upon any
modification or redesignation of existing degree-granting
authority, the Director shall submit to the congressional
intelligence committees a report containing--
``(A) the rationale for the proposed modification
or redesignation; and
``(B) any subsequent recommendation of the
Secretary of Education with respect to the proposed
modification or redesignation.
``SEC. 1033. FACULTY MEMBERS; EMPLOYMENT AND COMPENSATION.
``(a) Authority of Director.--Beginning on the transfer date, the
Director of National Intelligence may employ as many professors,
instructors, and lecturers at the National Intelligence University as
the Director considers necessary.
``(b) Compensation of Faculty Members.--The compensation of persons
employed under this section shall be as prescribed by the Director.
``(c) Compensation Plan.--The Director shall provide each person
employed as a professor, instructor, or lecturer at the University on
the transfer date an opportunity to elect to be paid under the
compensation plan in effect on the day before the transfer date (with
no reduction in pay) or under the authority of this section.
``SEC. 1034. ACCEPTANCE OF FACULTY RESEARCH GRANTS.
``The Director of National Intelligence may authorize the President
of the National Intelligence University to accept qualifying research
grants in the same manner and to the same degree as the President of
the National Defense University under section 2165(e) of title 10,
United States Code.
``SEC. 1035. CONTINUED APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE
ACT TO THE BOARD OF VISITORS.
``The Federal Advisory Committee Act (5 U.S.C. App.) shall continue
to apply to the Board of Visitors of the National Intelligence
University on and after the transfer date.''.
(b) Conforming Amendments.--Section 5324 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended--
(1) in subsection (b)(1)(C), by striking ``subsection
(e)(2)'' and inserting ``section 1032(b) of the National
Security Act of 1947'';
(2) by striking subsections (e) and (f); and
(3) by redesignating subsections (g) and (h) as subsections
(e) and (f), respectively.
(c) Clerical Amendment.--The table of contents of the National
Security Act of 1947 is amended by inserting after the item relating to
section 1024 the following:
``Subtitle D--National Intelligence University
``Sec. 1031. Transfer date.
``Sec. 1032. Degree-granting authority.
``Sec. 1033. Faculty members; employment and compensation.
``Sec. 1034. Acceptance of faculty research grants.
``Sec. 1035. Continued applicability of the Federal Advisory Committee
Act to the Board of Visitors.''.
SEC. 9307. REQUIRING FACILITATION OF ESTABLISHMENT OF SOCIAL MEDIA DATA
AND THREAT ANALYSIS CENTER.
(a) Requirement to Facilitate Establishment.--Subsection (c)(1) of
section 5323 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92) is amended, by striking ``may'' and inserting
``shall''.
(b) Deadline to Facilitate Establishment.--Such subsection is
further amended by striking ``The Director'' and inserting ``Not later
than 180 days after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2021, the Director''.
(c) Conforming Amendments.--
(1) Reporting.--Subsection (d) of such section is amended--
(A) in the matter before paragraph (1), by striking
``If the Director'' and all that follows through ``the
Center, the'' and inserting ``The''; and
(B) in paragraph (1), by striking ``180 days after
the date of the enactment of this Act'' and inserting
``180 days after the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2021''.
(2) Funding.--Subsection (f) of such section is amended by
striking ``fiscal year 2020 and 2021'' and inserting ``fiscal
year 2021 and 2022''.
(3) Clerical.--Subsection (c) of such section is amended--
(A) in the subsection heading, by striking
``Authority'' and inserting ``Requirement''; and
(B) in paragraph (1), in the paragraph heading, by
striking ``Authority'' and inserting ``Requirement''.
SEC. 9308. DATA COLLECTION ON ATTRITION IN INTELLIGENCE COMMUNITY.
(a) Standards for Data Collection.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall establish standards for collecting data
relating to attrition in the intelligence community workforce
across demographics, specialities, and length of service.
(2) Inclusion of certain candidates.--The Director shall
include, in the standards established under paragraph (1),
standards for collecting data from candidates who accepted
conditional offers of employment but chose to withdraw from the
hiring process before entering into service, including data
with respect to the reasons such candidates chose to withdraw.
(b) Collection of Data.--Not later than 120 days after the date of
the enactment of this Act, each element of the intelligence community
shall begin collecting data on workforce and candidate attrition in
accordance with the standards established under subsection (a).
(c) Annual Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Director shall
submit to the congressional intelligence committees a report on
workforce and candidate attrition in the intelligence community that
includes--
(1) the findings of the Director based on the data
collected under subsection (b);
(2) recommendations for addressing any issues identified in
those findings; and
(3) an assessment of timeliness in processing hiring
applications of individuals previously employed by an element
of the intelligence community, consistent with the Trusted
Workforce 2.0 initiative sponsored by the Security Clearance,
Suitability, and Credentialing Performance Accountability
Council.
SEC. 9309. LIMITATION ON DELEGATION OF RESPONSIBILITY FOR PROGRAM
MANAGEMENT OF INFORMATION-SHARING ENVIRONMENT.
(a) In General.--Section 1016(b) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485(b)), as amended by
section 6402(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92), is further amended--
(1) in paragraph (1), in the matter before subparagraph
(A), by striking ``Director of National Intelligence'' and
inserting ``President'';
(2) in paragraph (2), by striking ``Director of National
Intelligence'' both places it appears and inserting
``President''; and
(3) by adding at the end the following:
``(3) Delegation.--
``(A) In general.--Subject to subparagraph (B), the
President may delegate responsibility for carrying out
this subsection.
``(B) Limitation.--The President may not delegate
responsibility for carrying out this subsection to the
Director of National Intelligence.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2020.
SEC. 9310. IMPROVEMENTS TO PROVISIONS RELATING TO INTELLIGENCE
COMMUNITY INFORMATION TECHNOLOGY ENVIRONMENT.
Section 6312 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended by striking subsections (e)
through (i) and inserting the following:
``(e) Long-term Roadmap.--Not later than 180 days after the date of
the enactment of the Intelligence Authorization Act for Fiscal Year
2021, the Director of National Intelligence shall develop and maintain
a long-term roadmap for the intelligence community information
technology environment.
``(f) Business Plan.--Not later than 180 days after the date of the
enactment of the Intelligence Authorization Act for Fiscal Year 2021,
the Director of National Intelligence shall develop and maintain a
business plan to implement the long-term roadmap required by subsection
(e).''.
SEC. 9311. REQUIREMENTS AND AUTHORITIES FOR DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY TO IMPROVE EDUCATION IN SCIENCE,
TECHNOLOGY, ENGINEERING, ARTS, AND MATHEMATICS.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et
seq.) is amended by adding the following:
``SEC. 24. IMPROVEMENT OF EDUCATION IN SCIENCE, TECHNOLOGY,
ENGINEERING, ARTS, AND MATHEMATICS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' includes
a department or agency of the Federal Government, a State, a
political subdivision of a State, an individual, and a not-for-
profit or other organization in the private sector.
``(2) Educational institution.--The term `educational
institution' includes any public or private elementary school
or secondary school, institution of higher education, college,
university, or any other profit or nonprofit institution that
is dedicated to improving science, technology, engineering, the
arts, mathematics, business, law, medicine, or other fields
that promote development and education relating to science,
technology, engineering, the arts, or mathematics.
``(3) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, and any
other territory or possession of the United States.
``(b) Requirements.--The Director shall, on a continuing basis--
``(1) identify actions that the Director may take to
improve education in the scientific, technology, engineering,
arts, and mathematics (known as `STEAM') skills necessary to
meet the long-term national security needs of the United States
for personnel proficient in such skills; and
``(2) establish and conduct programs to carry out such
actions.
``(c) Authorities.--
``(1) In general.--The Director, in support of educational
programs in science, technology, engineering, the arts, and
mathematics, may--
``(A) award grants to eligible entities;
``(B) provide cash awards and other items to
eligible entities;
``(C) accept voluntary services from eligible
entities;
``(D) support national competition judging, other
educational event activities, and associated award
ceremonies in connection with such educational
programs; and
``(E) enter into one or more education partnership
agreements with educational institutions in the United
States for the purpose of encouraging and enhancing
study in science, technology, engineering, the arts,
and mathematics disciplines at all levels of education.
``(2) Education partnership agreements.--
``(A) Nature of assistance provided.--Under an
education partnership agreement entered into with an
educational institution under paragraph (1)(E), the
Director may provide assistance to the educational
institution by--
``(i) loaning equipment to the educational
institution for any purpose and duration in
support of such agreement that the Director
considers appropriate;
``(ii) making personnel available to teach
science courses or to assist in the development
of science courses and materials for the
educational institution;
``(iii) providing sabbatical opportunities
for faculty and internship opportunities for
students;
``(iv) involving faculty and students of
the educational institution in Agency projects,
including research and technology transfer or
transition projects;
``(v) cooperating with the educational
institution in developing a program under which
students may be given academic credit for work
on Agency projects, including research and
technology transfer for transition projects;
and
``(vi) providing academic and career advice
and assistance to students of the educational
institution.
``(B) Priorities.--In entering into education
partnership agreements under paragraph (1)(E), the
Director shall prioritize entering into education
partnership agreements with the following:
``(i) Historically Black colleges and
universities and other minority-serving
institutions, as described in section 371(a) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
``(ii) Educational institutions serving
women, members of minority groups, and other
groups of individuals who traditionally are
involved in the science, technology,
engineering, arts, and mathematics professions
in disproportionately low numbers.
``(d) Designation of Advisor.--The Director shall designate one or
more individuals within the Agency to advise and assist the Director
regarding matters relating to science, technology, engineering, the
arts, and mathematics education and training.''.
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.
(a) Assessment Required.--The Comptroller General of the United
States shall assess the efforts of the intelligence community and the
Department of Defense to identify and mitigate the 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.
(b) Report Required.--
(1) Definition of united states direct-to-consumer genetic
testing company.--In this subsection, the term ``United States
direct-to-consumer genetic testing company'' means a private
entity that--
(A) carries out direct-to-consumer genetic testing;
and
(B) is organized under the laws of the United
States or any jurisdiction within the United States.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall submit
to Congress, including the congressional intelligence
committees, the Committee on Armed Services of the Senate, and
the Committee on Armed Services of the House of
Representatives, a report on the assessment required by
subsection (a).
(3) Elements.--The report required by paragraph (2) shall
include the following:
(A) A description of key national security risks
and vulnerabilities associated with direct-to-consumer
genetic testing, including--
(i) how the Government of the People's
Republic of China may be using data provided by
personnel of the intelligence community and the
Department through direct-to-consumer genetic
tests; and
(ii) how ubiquitous technical surveillance
may amplify those risks.
(B) An assessment of the extent to which the
intelligence community and the Department have
identified risks and vulnerabilities posed by direct-
to-consumer genetic testing and have sought to mitigate
such risks and vulnerabilities, or have plans for such
mitigation, including the extent to which the
intelligence community has determined--
(i) in which United States direct-to-
consumer genetic testing companies the
Government of the People's Republic of China or
entities owned or controlled by the Government
of the People's Republic of China have an
ownership interest; and
(ii) which United States direct-to-consumer
genetic testing companies may have sold data to
the Government of the People's Republic of
China or entities owned or controlled by the
Government of the People's Republic of China.
(C) Such recommendations as the Comptroller General
may have for action by the intelligence community and
the Department to improve the identification and
mitigation of risks and vulnerabilities posed by the
use of direct-to-consumer genetic testing by the
Government of the People's Republic of China.
(4) Form.--The report required by paragraph (2) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Cooperation.--The heads of relevant elements of the
intelligence community and components of the Department shall--
(1) fully cooperate with the Comptroller General in
conducting the assessment required by subsection (a); and
(2) provide any information and data required by the
Comptroller General to conduct the assessment.
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.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on how
elements of the intelligence community are exercising hiring
flexibilities and expedited human resources practices afforded under
section 3326 of title 5, United States Code, and subpart D of part 315
of title 5, Code of Federal Regulations, or successor regulation, to
assure quality and diversity in the workforce of the intelligence
community.
(b) Obstacles.--The report submitted under subsection (a) shall
include identification of any obstacles encountered by the intelligence
community in exercising the authorities described in such subsection.
SEC. 9323. REPORT ON SIGNALS INTELLIGENCE PRIORITIES AND REQUIREMENTS.
(a) Report Required.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on signals
intelligence priorities and requirements subject to Presidential Policy
Directive 28.
(b) Elements.--The report required by subsection (a) shall cover
the following:
(1) The implementation of the annual process for advising
the Director on signals intelligence priorities and
requirements described in section 3 of Presidential Policy
Directive 28.
(2) The signals intelligence priorities and requirements as
of the most recent annual process.
(3) The application of such priorities and requirements to
the signals intelligence collection efforts of the intelligence
community.
(4) The contents of the classified annex referenced in
section 3 of Presidential Policy Directive 28.
(c) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 9324. ASSESSMENT OF DEMAND FOR STUDENT LOAN REPAYMENT PROGRAM
BENEFIT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the head of each element of the intelligence
community shall--
(1) calculate the number of personnel of that element who
qualify for a student loan repayment program benefit;
(2) compare the number calculated under paragraph (1) to
the number of personnel who apply for such a benefit;
(3) provide recommendations for how to structure such a
program to optimize participation and enhance the effectiveness
of the benefit as a retention tool, including with respect to
the amount of the benefit offered and the length of time an
employee receiving a benefit is required to serve under a
continuing service agreement; and
(4) identify any shortfall in funds or authorities needed
to provide such a benefit.
(b) Inclusion in Fiscal Year 2022 Budget Submission.--The Director
of National Intelligence shall include in the budget justification
materials submitted to Congress in support of the budget for the
intelligence community for fiscal year 2022 (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code) a report on the findings of the elements of the
intelligence community under subsection (a).
SEC. 9325. ASSESSMENT OF INTELLIGENCE COMMUNITY DEMAND FOR CHILD CARE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the heads of the elements of the intelligence
community specified in subsection (b), shall submit to the
congressional intelligence committees a report that includes--
(1) a calculation of the total annual demand for child care
by employees of such elements, at or near the workplaces of
such employees, including a calculation of the demand for early
morning and evening child care;
(2) an identification of any shortfall between the demand
calculated under paragraph (1) and the child care supported by
such elements as of the date of the report;
(3) an assessment of options for addressing any such
shortfall, including options for providing child care at or
near the workplaces of employees of such elements;
(4) an identification of the advantages, disadvantages,
security requirements, and costs associated with each such
option;
(5) a plan to meet, by the date that is 5 years after the
date of the report--
(A) the demand calculated under paragraph (1); or
(B) an alternative standard established by the
Director for child care available to employees of such
elements; and
(6) an assessment of needs of specific elements of the
intelligence community, including any Government-provided child
care that could be collocated with a workplace of employees of
such an element and any available child care providers in the
proximity of such a workplace.
(b) Elements Specified.--The elements of the intelligence community
specified in this subsection are the following:
(1) The Central Intelligence Agency.
(2) The National Security Agency.
(3) The Defense Intelligence Agency.
(4) The National Geospatial-Intelligence Agency.
(5) The National Reconnaissance Office.
(6) The Office of the Director of National Intelligence.
SEC. 9326. OPEN SOURCE INTELLIGENCE STRATEGIES AND PLANS FOR THE
INTELLIGENCE COMMUNITY.
(a) Requirement for Survey and Evaluation of Customer Feedback.--
Not later than 90 days after the date of the enactment of this Act, the
Director of National Intelligence, in coordination with the head of
each element of the intelligence community, shall--
(1) conduct a survey of the open source intelligence
requirements, goals, monetary and property investments, and
capabilities for each element of the intelligence community;
and
(2) evaluate the usability and utility of the Open Source
Enterprise by soliciting customer feedback and evaluating such
feedback.
(b) Requirement for Overall Strategy and for Intelligence
Community, Plan for Improving Usability of Open Source Enterprise, and
Risk Analysis of Creating Open Source Center.--Not later than 180 days
after the date of the enactment of this Act, the Director, in
coordination with the head of each element of the intelligence
community and using the findings of the Director with respect to the
survey conducted under subsection (a), shall--
(1) develop a strategy for open source intelligence
collection, analysis, and production that defines the
overarching goals, roles, responsibilities, and processes for
such collection, analysis, and production for the intelligence
community;
(2) develop a plan for improving usability and utility of
the Open Source Enterprise based on the customer feedback
solicited under subsection (a)(2); and
(3) conduct a risk and benefit analysis of creating an open
source center independent of any current intelligence community
element.
(c) Requirement for Plan for Centralized Data Repository.--Not
later than 270 days after the date of the enactment of this Act and
using the findings of the Director with respect to the survey and
evaluation conducted under subsection (a), the strategy and plan
developed under subsection (b), and the risk and benefit analysis
conducted under such subsection, the Director shall develop a plan for
a centralized data repository of open source intelligence that enables
all elements of the intelligence community--
(1) to use such repository for their specific requirements;
and
(2) to derive open source intelligence advantages.
(d) Requirement for Cost-sharing Model.--Not later than 1 year
after the date of the enactment of this Act and using the findings of
the Director with respect to the survey and evaluation conducted under
subsection (a), the strategy and plan developed under subsection (b),
the risk and benefit analysis conducted under such subsection, and the
plan developed under subsection (c), the Director shall develop a cost-
sharing model that leverages the open source intelligence investments
of each element of the intelligence community for the beneficial use of
the entire intelligence community.
(e) Congressional Briefing.--Not later than 1 year after the date
of the enactment of this Act, the Director of National Intelligence,
the Director of the Central Intelligence Agency, the Director of the
Defense Intelligence Agency, the Director of the National Geospatial-
Intelligence Agency, and the Director of the National Security Agency
shall jointly brief the congressional intelligence committees on--
(1) the strategy developed under paragraph (1) of
subsection (b);
(2) the plan developed under paragraph (2) of such
subsection;
(3) the plan developed under subsection (c); and
(4) the cost-sharing model developed under subsection (d).
TITLE XCIV--SECURITY CLEARANCES AND TRUSTED WORKFORCE
SEC. 9401. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN SECURITY
CLEARANCE PROCEDURES, AND RIGHT TO APPEAL.
(a) Exclusivity of Procedures.--Section 801 of the National
Security Act of 1947 (50 U.S.C. 3161) is amended by adding at the end
the following:
``(c) Exclusivity.--Except as provided in subsection (b) and
subject to sections 801A and 801B, the procedures established pursuant
to subsection (a) and promulgated and set forth under subpart A of
title 32, Code of Federal Regulations, or successor regulations, shall
be the exclusive procedures by which decisions about eligibility for
access to classified information are governed.''.
(b) Transparency.--Such section is further amended by adding at the
end the following:
``(d) Publication.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the President shall--
``(A) publish in the Federal Register the
procedures established pursuant to subsection (a); or
``(B) submit to Congress a certification that the
procedures currently in effect that govern access to
classified information as described in subsection (a)--
``(i) are published in the Federal
Register; and
``(ii) comply with the requirements of
subsection (a).
``(2) Updates.--Whenever the President makes a revision to
a procedure established pursuant to subsection (a), the
President shall publish such revision in the Federal Register
not later than 30 days before the date on which the revision
becomes effective.''.
(c) Consistency.--
(1) In general.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended by inserting after
section 801 the following:
``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED INFORMATION.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Classified information.--The term `classified
information' includes sensitive compartmented information,
restricted data, restricted handling information, and other
compartmented information.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information' has
the meaning given such term in the procedures established
pursuant to section 801(a).
``(b) In General.--Each head of an agency that makes a
determination regarding eligibility for access to classified
information shall ensure that in making the determination, the head of
the agency or any person acting on behalf of the head of the agency--
``(1) does not violate any right or protection enshrined in
the Constitution of the United States, including rights
articulated in the First, Fifth, and Fourteenth Amendments;
``(2) does not discriminate for or against an individual on
the basis of race, ethnicity, color, religion, sex, national
origin, age, or handicap;
``(3) is not carrying out--
``(A) retaliation for political activities or
beliefs; or
``(B) a coercion or reprisal described in section
2302(b)(3) of title 5, United States Code; and
``(4) does not violate section 3001(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of 1947
(50 U.S.C. 3002) is amended by inserting after the item
relating to section 801 the following:
``Sec. 801A. Decisions relating to access to classified information.''.
(d) Right to Appeal.--
(1) In general.--Such title, as amended by subsection (c),
is further amended by inserting after section 801A the
following:
``SEC. 801B. RIGHT TO APPEAL.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Covered person.--The term `covered person' means a
person, other than the President and Vice President, currently
or formerly employed in, detailed to, assigned to, or issued an
authorized conditional offer of employment for a position that
requires access to classified information by an agency,
including the following:
``(A) A member of the Armed Forces.
``(B) A civilian.
``(C) An expert or consultant with a contractual or
personnel obligation to an agency.
``(D) Any other category of person who acts for or
on behalf of an agency as determined by the head of the
agency.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information' has
the meaning given such term in the procedures established
pursuant to section 801(a).
``(4) Need for access.--The term `need for access' has such
meaning as the President may define in the procedures
established pursuant to section 801(a).
``(5) Reciprocity of clearance.--The term `reciprocity of
clearance', with respect to a denial by an agency, means that
the agency, with respect to a covered person--
``(A) failed to accept a security clearance
background investigation as required by paragraph (1)
of section 3001(d) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(d));
``(B) failed to accept a transferred security
clearance background investigation required by
paragraph (2) of such section;
``(C) subjected the covered person to an additional
investigative or adjudicative requirement in violation
of paragraph (3) of such section; or
``(D) conducted an investigation in violation of
paragraph (4) of such section.
``(6) Security executive agent.--The term `Security
Executive Agent' means the officer serving as the Security
Executive Agent pursuant to section 803.
``(b) Agency Review.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2021, each head of an agency shall, consistent with
the interest of national security, establish and publish in the
Federal Register a process by which a covered person to whom
eligibility for access to classified information was denied or
revoked by the agency or for whom reciprocity of clearance was
denied by the agency can appeal that denial or revocation
within the agency.
``(2) Elements.--The process required by paragraph (1)
shall include the following:
``(A) In the case of a covered person to whom
eligibility for access to classified information or
reciprocity of clearance is denied or revoked by an
agency, the following:
``(i) The head of the agency shall provide
the covered person with a written--
``(I) detailed explanation of the
basis for the denial or revocation as
the head of the agency determines is
consistent with the interests of
national security and as permitted by
other applicable provisions of law; and
``(II) notice of the right of the
covered person to a hearing and appeal
under this subsection.
``(ii) Not later than 30 days after
receiving a request from the covered person for
copies of the documents that formed the basis
of the agency's decision to revoke or deny,
including the investigative file, the head of
the agency shall provide to the covered person
copies of such documents as--
``(I) the head of the agency
determines is consistent with the
interests of national security; and
``(II) permitted by other
applicable provisions of law,
including--
``(aa) section 552 of title
5, United States Code (commonly
known as the `Freedom of
Information Act');
``(bb) section 552a of such
title (commonly known as the
`Privacy Act of 1974'); and
``(cc) such other
provisions of law relating to
the protection of confidential
sources and privacy of
individuals.
``(iii)(I) The covered person shall have
the opportunity to retain counsel or other
representation at the covered person's expense.
``(II) Upon the request of the covered
person, and a showing that the ability to
review classified information is essential to
the resolution of an appeal under this
subsection, counsel or other representation
retained under this clause shall be considered
for access to classified information for the
limited purposes of such appeal.
``(iv)(I) The head of the agency shall
provide the covered person an opportunity, at a
point in the process determined by the agency
head--
``(aa) to appear personally before
an adjudicative or other authority,
other than the investigating entity,
and to present to such authority
relevant documents, materials, and
information, including evidence that
past problems relating to the denial or
revocation have been overcome or
sufficiently mitigated; and
``(bb) to call and cross-examine
witnesses before such authority, unless
the head of the agency determines that
calling and cross-examining witnesses
is not consistent with the interests of
national security.
``(II) The head of the agency shall make,
as part of the security record of the covered
person, a written summary, transcript, or
recording of any appearance under item (aa) of
subclause (I) or of any calling or cross-
examining of witnesses under item (bb) of such
subclause.
``(v) On or before the date that is 30 days
after the date on which the covered person
receives copies of documents under clause (ii),
the covered person may request a hearing of the
decision to deny or revoke by filing a written
appeal with the head of the agency.
``(B) A requirement that each review of a decision
under this subsection is completed on average not later
than 180 days after the date on which a hearing is
requested under subparagraph (A)(v).
``(3) Agency review panels.--
``(A) In general.--Each head of an agency shall
establish a panel to hear and review appeals under this
subsection.
``(B) Membership.--
``(i) Composition.--Each panel established
by the head of an agency under subparagraph (A)
shall be composed of at least three employees
of the agency selected by the agency head, two
of whom shall not be members of the security
field.
``(ii) Terms.--A term of service on a panel
established by the head of an agency under
subparagraph (A) shall not exceed 2 years.
``(C) Decisions.--
``(i) Written.--Each decision of a panel
established under subparagraph (A) shall be in
writing and contain a justification of the
decision.
``(ii) Consistency.--Each head of an agency
that establishes a panel under subparagraph (A)
shall ensure that each decision of the panel is
consistent with the interests of national
security and applicable provisions of law.
``(iii) Overturn.--The head of an agency
may overturn a decision of the panel if, not
later than 30 days after the date on which the
panel issues the decision, the agency head
personally exercises the authority granted by
this clause to overturn such decision.
``(iv) Finality.--Each decision of a panel
established under subparagraph (A) or
overturned pursuant to clause (iii) of this
subparagraph shall be final.
``(D) Access to classified information.--The head
of an agency that establishes a panel under
subparagraph (A) shall afford access to classified
information to the members of the panel as the agency
head determines--
``(i) necessary for the panel to hear and
review an appeal under this subsection; and
``(ii) consistent with the interests of
national security.
``(4) Representation by counsel.--
``(A) In general.--Each head of an agency shall
ensure that, under this subsection, a covered person
appealing a decision of the head's agency under this
subsection has an opportunity to retain counsel or
other representation at the covered person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of a
covered person appealing a decision of an
agency under this subsection and a showing that
the ability to review classified information is
essential to the resolution of the appeal under
this subsection, the head of the agency shall
sponsor an application by the counsel or other
representation retained under this paragraph
for access to classified information for the
limited purposes of such appeal.
``(ii) Extent of access.--Counsel or
another representative who is cleared for
access under this subparagraph may be afforded
access to relevant classified materials to the
extent consistent with the interests of
national security.
``(5) Publication of decisions.--
``(A) In general.--Each head of an agency shall
publish each final decision on an appeal under this
subsection.
``(B) Requirements.--In order to ensure
transparency, oversight by Congress, and meaningful
information for those who need to understand how the
clearance process works, each publication under
subparagraph (A) shall be--
``(i) made in a manner that is consistent
with section 552 of title 5, United States
Code, as amended by the Electronic Freedom of
Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of
the case, redacting personally identifiable
information and sensitive program information;
and
``(iii) made available on a website that is
searchable by members of the public.
``(c) Period of Time for the Right to Appeal.--
``(1) In general.--Except as provided in paragraph (2), any
covered person who has been the subject of a decision made by
the head of an agency to deny or revoke eligibility for access
to classified information shall retain all rights to appeal
under this section until the conclusion of the appeals process
under this section.
``(2) Waiver of rights.--
``(A) Persons.--Any covered person may voluntarily
waive the covered person's right to appeal under this
section and such waiver shall be conclusive.
``(B) Agencies.--The head of an agency may not
require a covered person to waive the covered person's
right to appeal under this section for any reason.
``(d) Waiver of Availability of Procedures for National Security
Interest.--
``(1) In general.--If the head of an agency determines that
a procedure established under subsection (b) cannot be made
available to a covered person in an exceptional case without
damaging a national security interest of the United States by
revealing classified information, such procedure shall not be
made available to such covered person.
``(2) Finality.--A determination under paragraph (1) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(3) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which
the head of an agency determines under
paragraph (1) that a procedure established
under subsection (b) cannot be made available
to a covered person, the agency head shall, not
later than 30 days after the date on which the
agency head makes such determination, submit to
the Security Executive Agent and to the
congressional intelligence committees a report
stating the reasons for the determination.
``(ii) Form.--A report submitted under
clause (i) may be submitted in classified form
as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than
once each fiscal year, the Security Executive
Agent shall submit to the congressional
intelligence committees a report on the
determinations made under paragraph (1) during
the previous fiscal year.
``(ii) Contents.--Each report submitted
under clause (i) shall include, for the period
covered by the report, the following:
``(I) The number of cases and
reasons for determinations made under
paragraph (1), disaggregated by agency.
``(II) Such other matters as the
Security Executive Agent considers
appropriate.
``(e) Denials and Revocations Under Other Provisions of Law.--
``(1) Rule of construction.--Nothing in this section shall
be construed to limit or affect the responsibility and power of
the head of an agency to deny or revoke eligibility for access
to classified information or to deny reciprocity of clearance
in the interest of national security.
``(2) Denials and revocation.--The power and responsibility
to deny or revoke eligibility for access to classified
information or to deny reciprocity of clearance pursuant to any
other provision of law or Executive order may be exercised only
when the head of an agency determines that an applicable
process established under this section cannot be invoked in a
manner that is consistent with national security.
``(3) Finality.--A determination under paragraph (2) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(4) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which
the head of an agency determines under
paragraph (2) that a determination relating to
a denial or revocation of eligibility for
access to classified information or denial of
reciprocity of clearance could not be made
pursuant to a process established under this
section, the agency head shall, not later than
30 days after the date on which the agency head
makes such a determination under paragraph (2),
submit to the Security Executive Agent and to
the congressional intelligence committees a
report stating the reasons for the
determination.
``(ii) Form.--A report submitted under
clause (i) may be submitted in classified form
as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than
once each fiscal year, the Security Executive
Agent shall submit to the congressional
intelligence committees a report on the
determinations made under paragraph (2) during
the previous fiscal year.
``(ii) Contents.--Each report submitted
under clause (i) shall include, for the period
covered by the report, the following:
``(I) The number of cases and
reasons for determinations made under
paragraph (2), disaggregated by agency.
``(II) Such other matters as the
Security Executive Agent considers
appropriate.
``(f) Relationship to Suitability.--No person may use a
determination of suitability under part 731 of title 5, Code of Federal
Regulations, or successor regulation, for the purpose of denying a
covered person the review proceedings of this section where there has
been a denial or revocation of eligibility for access to classified
information or a denial of reciprocity of clearance.
``(g) Preservation of Roles and Responsibilities Under Executive
Order 10865 and of the Defense Office of Hearings and Appeals.--Nothing
in this section shall be construed to diminish or otherwise affect the
procedures in effect on the day before the date of the enactment of
this Act for denial and revocation procedures provided to individuals
by Executive Order 10865 (50 U.S.C. 3161 note; relating to safeguarding
classified information within industry), or successor order, including
those administered through the Defense Office of Hearings and Appeals
of the Department of Defense under Department of Defense Directive
5220.6, or successor directive.
``(h) Rule of Construction Relating to Certain Other Provisions of
Law.--This section and the processes and procedures established under
this section shall not be construed to apply to paragraphs (6) and (7)
of section 3001(j) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(j)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of 1947
(50 U.S.C. 3002), as amended by subsection (c), is further
amended by inserting after the item relating to section 801A
the following:
``Sec. 801B. Right to appeal.''.
SEC. 9402. ESTABLISHING PROCESS PARITY FOR SECURITY CLEARANCE
REVOCATIONS.
Subparagraph (C) of section 3001(j)(4) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)) is amended
to read as follows:
``(C) Burdens of proof.--
``(i) In general.--Subject to clause (iii),
in determining whether the adverse security
clearance or access determination violated
paragraph (1), the agency shall find that
paragraph (1) was violated if the individual
has demonstrated that a disclosure described in
paragraph (1) was a contributing factor in the
adverse security clearance or access
determination taken against the individual.
``(ii) Circumstantial evidence.--An
individual under clause (i) may demonstrate
that the disclosure was a contributing factor
in the adverse security clearance or access
determination taken against the individual
through circumstantial evidence, such as
evidence that--
``(I) the official making the
determination knew of the disclosure;
and
``(II) the determination occurred
within a period such that a reasonable
person could conclude that the
disclosure was a contributing factor in
the determination.
``(iii) Defense.--In determining whether
the adverse security clearance or access
determination violated paragraph (1), the
agency shall not find that paragraph (1) was
violated if, after a finding that a disclosure
was a contributing factor, the agency
demonstrates by clear and convincing evidence
that it would have made the same security
clearance or access determination in the
absence of such disclosure.''.
SEC. 9403. FEDERAL POLICY ON SHARING OF DEROGATORY INFORMATION
PERTAINING TO CONTRACTOR EMPLOYEES IN THE TRUSTED
WORKFORCE.
(a) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Security Executive Agent, in coordination
with the principal members of the Performance Accountability Council
and the Attorney General, shall issue a policy for the Federal
Government on sharing of derogatory information pertaining to
contractor employees engaged by the Federal Government.
(b) Consent Requirement.--
(1) In general.--The policy issued under subsection (a)
shall require, as a condition of accepting a security clearance
with the Federal Government, that a contractor employee provide
prior written consent for the Federal Government to share
covered derogatory information with the chief security officer
of the contractor employer that employs the contractor
employee.
(2) Covered derogatory information.--For purposes of this
section, covered derogatory information--
(A) is information that--
(i) contravenes National Security
Adjudicative Guidelines as specified in
Security Executive Agent Directive 4 (10 C.F.R.
710 app. A), or any successor Federal policy;
(ii) a Federal Government agency certifies
is accurate and reliable;
(iii) is relevant to a contractor's ability
to protect against insider threats as required
by section 1-202 of the National Industrial
Security Program Operating Manual (NISPOM), or
successor manual; and
(iv) may have a bearing on the contractor
employee's suitability for a position of public
trust or to receive credentials to access
certain facilities of the Federal Government;
and
(B) shall include any negative information
considered in the adjudicative process, including
information provided by the contractor employee on
forms submitted for the processing of the contractor
employee's security clearance.
(c) Elements.--The policy issued under subsection (a) shall--
(1) require Federal agencies, except under exceptional
circumstances specified by the Security Executive Agent, to
share with the contractor employer of a contractor employee
engaged with the Federal Government the existence of
potentially derogatory information and which National Security
Adjudicative Guideline it falls under, with the exception that
the Security Executive Agent may waive such requirement in
circumstances the Security Executive Agent considers
extraordinary;
(2) require that covered derogatory information shared with
a contractor employer as described in subsection (b)(1) be used
by the contractor employer exclusively for risk mitigation
purposes under section 1-202 of the National Industrial
Security Program Operating Manual, or successor manual;
(3) require Federal agencies to share any mitigation
measures in place to address the derogatory information;
(4) establish standards for timeliness for sharing the
derogatory information;
(5) specify the methods by which covered derogatory
information will be shared with the contractor employer of the
contractor employee;
(6) allow the contractor employee, within a specified
timeframe, the right--
(A) to contest the accuracy and reliability of
covered derogatory information;
(B) to address or remedy any concerns raised by the
covered derogatory information; and
(C) to provide documentation pertinent to
subparagraph (A) or (B) for an agency to place in
relevant security clearance databases;
(7) establish a procedure by which the contractor employer
of the contractor employee may consult with the Federal
Government prior to taking any remedial action under section 1-
202 of the National Industrial Security Program Operating
Manual, or successor manual, to address the derogatory
information the Federal agency has provided;
(8) stipulate that the chief security officer of the
contractor employer is prohibited from sharing or discussing
covered derogatory information with other parties, including
nonsecurity professionals at the contractor employer; and
(9) require companies in the National Industrial Security
Program to comply with the policy.
(d) Consideration of Lessons Learned From Information-sharing
Program for Positions of Trust and Security Clearances.--In developing
the policy issued under subsection (a), the Director shall consider, to
the extent available, lessons learned from actions taken to carry out
section 6611(f) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92).
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.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(2) Five eyes country.--The term ``Five Eyes country''
means any of the following:
(A) Australia.
(B) Canada.
(C) New Zealand.
(D) The United Kingdom.
(E) The United States.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency,
the Director of the National Security Agency, and the Director of the
Defense Intelligence Agency shall jointly submit to the appropriate
committees of Congress a report on attempts by foreign adversaries to
build telecommunications and cybersecurity equipment and services for,
or to provide such equipment and services to, Five Eyes countries.
(c) Elements.--The report submitted under subsection (b) shall
include the following:
(1) An assessment of United States intelligence sharing and
intelligence and military force posture in any Five Eyes
country that currently uses or intends to use
telecommunications or cybersecurity equipment or services
provided by a foreign adversary of the United States, including
China and Russia.
(2) A description and assessment of mitigation of any
potential compromises or risks for any circumstance described
in paragraph (1).
(d) Form.--The report required by subsection (b) shall include an
unclassified executive summary, and may include a classified annex.
SEC. 9502. REPORT ON THREATS POSED BY USE BY FOREIGN GOVERNMENTS AND
ENTITIES OF COMMERCIALLY AVAILABLE CYBER INTRUSION AND
SURVEILLANCE TECHNOLOGY.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on the
threats posed by the use by foreign governments and entities of
commercially available cyber intrusion and other surveillance
technology.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) Matters relating to threats described in subsection (a)
as they pertain to the following:
(A) The threat posed to United States persons and
persons inside the United States.
(B) The threat posed to United States personnel
overseas.
(C) The threat posed to employees of the Federal
Government, including through both official and
personal accounts and devices.
(2) A description of which foreign governments and entities
pose the greatest threats from the use of technology described
in subsection (a) and the nature of those threats.
(3) An assessment of the source of the commercially
available cyber intrusion and other surveillance technology
that poses the threats described in subsection (a), including
whether such technology is made by United States companies or
companies in the United States or by foreign companies.
(4) An assessment of actions taken, as of the date of the
enactment of this Act, by the Federal Government and foreign
governments to limit the export of technology described in
subsection (a) from the United States or foreign countries to
foreign governments and entities in ways that pose the threats
described in such subsection.
(5) Matters relating to how the Federal Government,
Congress, and foreign governments can most effectively mitigate
the threats described in subsection (a), including matters
relating to the following:
(A) Working with the technology and
telecommunications industry to identify and improve the
security of consumer software and hardware used by
United States persons and persons inside the United
States that is targeted by commercial cyber intrusion
and surveillance software.
(B) Export controls.
(C) Diplomatic pressure.
(D) Trade agreements.
(c) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 9503. REPORTS ON RECOMMENDATIONS OF THE CYBERSPACE SOLARIUM
COMMISSION.
(a) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Select Committee
on Intelligence, the Committee on Homeland Security and
Governmental Affairs, the Committee on Commerce, Science, and
Transportation, and the Committee on Energy and Natural
Resources of the Senate; and
(2) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, the Committee on Homeland Security,
the Committee on Science, Space, and Technology, and the
Committee on Energy and Commerce of the House of
Representatives.
(b) Reports Required.--Not later than 180 days after the date of
the enactment of this Act, each head of an agency described in
subsection (c) shall submit to the appropriate committees of Congress a
report on the recommendations included in the report issued by the
Cyberspace Solarium Commission under section 1652(k) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232).
(c) Agencies Described.--The agencies described in this subsection
are the following:
(1) The Office of the Director of National Intelligence.
(2) The Department of Homeland Security.
(3) The Department of Energy.
(4) The Department of Commerce.
(5) The Department of Defense.
(d) Contents.--Each report submitted under subsection (b) by the
head of an agency described in subsection (c) shall include the
following:
(1) An evaluation of the recommendations in the report
described in subsection (b) that the agency identifies as
pertaining directly to the agency.
(2) A description of the actions taken, or the actions that
the head of the agency may consider taking, to implement any of
the recommendations (including a comprehensive estimate of
requirements for appropriations to take such actions).
SEC. 9504. ASSESSMENT OF CRITICAL TECHNOLOGY TRENDS RELATING TO
ARTIFICIAL INTELLIGENCE, MICROCHIPS, AND SEMICONDUCTORS
AND RELATED SUPPLY CHAINS.
(a) Assessment Required.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence shall
complete a detailed assessment of critical technology trends relating
to artificial intelligence, microchips, and semiconductors and related
supply chains.
(b) Elements.--The assessment required by subsection (a) shall
include the following:
(1) Export controls.--
(A) In general.--An assessment of efforts by
partner countries to enact and implement export
controls and other technology transfer measures with
respect to artificial intelligence, microchips,
advanced manufacturing equipment, and other artificial
intelligence enabled technologies critical to United
States supply chains.
(B) Identification of opportunities for
cooperation.--The assessment under subparagraph (A)
shall identify opportunities for further cooperation
with international partners on a multilateral and
bilateral basis to strengthen export control regimes
and address technology transfer threats.
(2) Semiconductor supply chains.--
(A) In general.--An assessment of global
semiconductor supply chains, including areas to reduce
United States vulnerabilities and maximize points of
leverage.
(B) Analysis of potential effects.--The assessment
under subparagraph (A) shall include an analysis of the
potential effects of significant geopolitical shifts,
including those related to Taiwan.
(C) Identification of opportunities for
diversification.--The assessment under subparagraph (A)
shall also identify opportunities for diversification
of United States supply chains, including an assessment
of cost, challenges, and opportunities to diversify
manufacturing capabilities on a multinational basis.
(3) Computing power.--An assessment of trends relating to
computing power and the effect of such trends on global
artificial intelligence development and implementation, in
consultation with the Director of the Intelligence Advanced
Research Projects Activity, the Director of the Defense
Advanced Research Projects Agency, and the Director of the
National Institute of Standards and Technology, including
forward-looking assessments of how computing resources may
affect United States national security, innovation, and
implementation relating to artificial intelligence.
(c) Report.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Select Committee on Intelligence, the
Committee on Armed Services, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on
Foreign Relations of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Armed Services, the Committee on
Financial Services, and the Committee on Foreign
Affairs of the House of Representatives.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to the
appropriate committees of Congress a report on the findings of
the Director with respect to the assessment completed under
subsection (a).
(3) Form.--The report submitted under paragraph (2) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 9505. COMBATING CHINESE INFLUENCE OPERATIONS IN THE UNITED STATES
AND STRENGTHENING CIVIL LIBERTIES PROTECTIONS.
(a) Updates to Annual Reports on Influence Operations and Campaigns
in the United States by the Chinese Communist Party.--Section 1107(b)
of the National Security Act of 1947 (50 U.S.C. 3237(b)) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following:
``(8) An identification of influence activities and
operations employed by the Chinese Communist Party against the
United States science and technology sectors, specifically
employees of the United States Government, researchers,
scientists, and students in the science and technology sector
in the United States.''.
(b) Plan for Federal Bureau of Investigation to Increase Public
Awareness and Detection of Influence Activities by the Government of
the People's Republic of China.--
(1) Plan required.--Not later than 90 days after the date
of the enactment of this Act, the Director of the Federal
Bureau of Investigation shall submit to the congressional
intelligence committees a plan--
(A) to increase public awareness of influence
activities by the Government of the People's Republic
of China; and
(B) to publicize mechanisms that members of the
public can use--
(i) to detect such activities; and
(ii) to report such activities to the
Bureau.
(2) Consultation.--In carrying out paragraph (1), the
Director shall consult with the following:
(A) The Director of the Office of Science and
Technology Policy.
(B) Such other stakeholders outside the
intelligence community, including professional
associations, institutions of higher education,
businesses, and civil rights and multicultural
organizations, as the Director determines relevant.
(c) Recommendations of the Federal Bureau of Investigation to
Strengthen Relationships and Build Trust With Communities of
Interest.--
(1) In general.--The Director of the Federal Bureau of
Investigation, in consultation with the Assistant Attorney
General for the Civil Rights Division and the Chief Privacy and
Civil Liberties Officer of the Department of Justice, shall
develop recommendations to strengthen relationships with
communities targeted by influence activities of the Government
of the People's Republic of China and build trust with such
communities through local and regional grassroots outreach.
(2) Submittal to congress.--Not later than 1 year after the
date of the enactment of this Act, the Director shall submit to
Congress the recommendations developed under paragraph (1).
(d) Technical Corrections.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended--
(1) in section 1107 (50 U.S.C. 3237)--
(A) in the section heading, by striking ``communist
party of china'' and inserting ``chinese communist
party''; and
(B) by striking ``Communist Party of China'' both
places it appears and inserting ``Chinese Communist
Party''; and
(2) in the table of contents before section 2 (50 U.S.C.
3002), by striking the item relating to section 1107 and
inserting the following new item:
``Sec. 1107. Annual reports on influence operations and campaigns in
the United States by the Chinese Communist
Party.''.
SEC. 9506. ANNUAL REPORT ON CORRUPT ACTIVITIES OF SENIOR OFFICIALS OF
THE CHINESE COMMUNIST PARTY.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Finance, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on Ways and Means, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(b) Annual Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter through
2025, the Director of the Central Intelligence Agency shall
submit to the appropriate committees of Congress a report on
the corruption and corrupt activities of senior officials of
the Chinese Communist Party.
(2) Elements.--
(A) In general.--Each report under paragraph (1)
shall include the following:
(i) A description of the wealth of, and
corruption and corrupt activities among, senior
officials of the Chinese Communist Party.
(ii) A description of any recent actions of
the officials described in clause (i) that
could be considered a violation, or potential
violation, of United States law.
(iii) A description and assessment of
targeted financial measures, including
potential targets for designation of the
officials described in clause (i) for the
corruption and corrupt activities described in
that clause and for the actions described in
clause (ii).
(B) Scope of reports.--The first report under
paragraph (1) shall include comprehensive information
on the matters described in subparagraph (A). Any
succeeding report under paragraph (1) may consist of an
update or supplement to the preceding report under that
subsection.
(3) Coordination.--In preparing each report, update, or
supplement under this subsection, the Director of the Central
Intelligence Agency shall coordinate as follows:
(A) In preparing the description required by clause
(i) of paragraph (2)(A), the Director of the Central
Intelligence Agency shall coordinate with the head of
the Office of Intelligence and Analysis of the
Department of the Treasury and the Director of the
Federal Bureau of Investigation.
(B) In preparing the descriptions required by
clauses (ii) and (iii) of such paragraph, the Director
of the Central Intelligence Agency shall coordinate
with the head of the Office of Intelligence and
Analysis of the Department of the Treasury.
(4) Form.--Each report under paragraph (1) shall include an
unclassified executive summary, and may include a classified
annex.
(c) Sense of Congress.--It is the sense of Congress that the United
States should undertake every effort and pursue every opportunity to
expose the corruption and illicit practices of senior officials of the
Chinese Communist Party, including President Xi Jinping.
SEC. 9507. REPORT ON CORRUPT ACTIVITIES OF RUSSIAN AND OTHER EASTERN
EUROPEAN OLIGARCHS.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Finance, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on Ways and Means, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(b) Report Required.--Not later than 100 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall submit to the appropriate committees of Congress and the
Undersecretary of State for Public Diplomacy and Public Affairs a
report on the corruption and corrupt activities of Russian and other
Eastern European oligarchs.
(c) Elements.--
(1) In general.--Each report under subsection (b) shall
include the following:
(A) A description of corruption and corrupt
activities among Russian and other Eastern European
oligarchs who support the Government of the Russian
Federation, including estimates of the total assets of
such oligarchs.
(B) An assessment of the impact of the corruption
and corrupt activities described pursuant to
subparagraph (A) on the economy and citizens of Russia.
(C) A description of any connections to, or support
of, organized crime, drug smuggling, or human
trafficking by an oligarch covered by subparagraph (A).
(D) A description of any information that reveals
corruption and corrupt activities in Russia among
oligarchs covered by subparagraph (A).
(E) A description and assessment of potential
sanctions actions that could be imposed upon oligarchs
covered by subparagraph (A) who support the leadership
of the Government of Russia, including President
Vladimir Putin.
(2) Scope of reports.--The first report under subsection
(a) shall include comprehensive information on the matters
described in paragraph (1). Any succeeding report under
subsection (a) may consist of an update or supplement to the
preceding report under that subsection.
(d) Coordination.--In preparing each report, update, or supplement
under this section, the Director of the Central Intelligence Agency
shall coordinate as follows:
(1) In preparing the assessment and descriptions required
by subparagraphs (A) through (D) of subsection (c)(1), the
Director of the Central Intelligence Agency shall coordinate
with the head of the Office of Intelligence and Analysis of the
Department of the Treasury and the Director of the Federal
Bureau of Investigation.
(2) In preparing the description and assessment required by
subparagraph (E) of such subsection, the Director of the
Central Intelligence Agency shall coordinate with the head of
the Office of Intelligence and Analysis of the Department of
the Treasury.
(e) Form.--
(1) In general.--Subject to paragraph (2), each report
under subsection (b) shall include an unclassified executive
summary, and may include a classified annex.
(2) Unclassified form of certain information.--The
information described in subsection (c)(1)(D) in each report
under subsection (b) shall be submitted in unclassified form.
SEC. 9508. REPORT ON BIOSECURITY RISK AND DISINFORMATION BY THE CHINESE
COMMUNIST PARTY AND THE GOVERNMENT OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the
Committee on Armed Services, the Committee on Foreign
Relations, the Committee on Health, Education, Labor,
and Pensions, and the Committee on Homeland Security
and Governmental Affairs of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Foreign Affairs,
and the Committee on Homeland Security of the House of
Representatives.
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report identifying
whether and how officials of the Chinese Communist Party and the
Government of the People's Republic of China may have sought--
(1) to suppress information about--
(A) the outbreak of the novel coronavirus in Wuhan;
(B) the spread of the virus through China; and
(C) the transmission of the virus to other
countries;
(2) to spread disinformation relating to the pandemic; or
(3) to exploit the pandemic to advance their national
security interests.
(c) Assessments.--The report required by subsection (b) shall
include assessments of reported actions and the effect of those actions
on efforts to contain the novel coronavirus pandemic, including each of
the following:
(1) The origins of the novel coronavirus outbreak, the time
and location of initial infections, and the mode and speed of
early viral spread.
(2) Actions taken by the Government of China to suppress,
conceal, or misinform the people of China and those of other
countries about the novel coronavirus outbreak in Wuhan.
(3) The effect of disinformation or the failure of the
Government of China to fully disclose details of the outbreak
on response efforts of local governments in China and other
countries.
(4) Diplomatic, political, economic, intelligence, or other
pressure on other countries and international organizations to
conceal information about the spread of the novel coronavirus
and the response of the Government of China to the contagion,
as well as to influence or coerce early responses to the
pandemic by other countries.
(5) Efforts by officials of the Government of China to deny
access to health experts and international health organizations
to afflicted individuals in Wuhan, pertinent areas of the city,
or laboratories of interest in China, including the Wuhan
Institute of Virology.
(6) Efforts by the Government of China, or those acting at
its direction or with its assistance, to conduct cyber
operations against international, national, or private health
organizations conducting research relating to the novel
coronavirus or operating in response to the pandemic.
(7) Efforts to control, restrict, or manipulate relevant
segments of global supply chains, particularly in the sale,
trade, or provision of relevant medicines, medical supplies, or
medical equipment as a result of the pandemic.
(8) Efforts to advance the economic, intelligence, national
security, and political objectives of the Government of China
by exploiting vulnerabilities of foreign governments,
economies, and companies under financial duress as a result of
the pandemic or to accelerate economic espionage and
intellectual property theft.
(9) Efforts to exploit the disruption of the pharmaceutical
and telecommunications industries as well as other industries
tied to critical infrastructure and bilateral trade between
China and the United States and between China and allies and
partners of the United States in order to advance the economic
and political objectives of the Government of China following
the pandemic.
(d) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 9509. REPORT ON EFFECT OF LIFTING OF UNITED NATIONS ARMS EMBARGO
ON ISLAMIC REPUBLIC OF IRAN.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the Select Committee on Intelligence, the Committee on
Armed Services, and the Committee on Foreign Relations of the
Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on Foreign
Affairs of the House of Representatives.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Defense Intelligence Agency,
in consultation with such heads of other elements of the intelligence
community as the Director considers appropriate, shall submit to the
appropriate committees of Congress a report on--
(1) the plans of the Government of the Islamic Republic of
Iran to acquire military arms if the ban on arms transfers to
or from such government under United Nations Security Council
resolutions are lifted; and
(2) the effect such arms acquisitions may have on regional
security and stability.
(c) Contents.--The report submitted under subsection (b) shall
include assessments relating to plans of the Government of the Islamic
Republic of Iran to acquire additional weapons, the intention of other
countries to provide such weapons, and the effect such acquisition and
provision would have on regional stability, including with respect to
each of the following:
(1) The type and quantity of weapon systems under
consideration for acquisition.
(2) The countries of origin of such systems.
(3) Likely reactions of other countries in the region to
such acquisition, including the potential for proliferation by
other countries in response.
(4) The threat that such acquisition could present to
international commerce and energy supplies in the region, and
the potential implications for the national security of the
United States.
(5) The threat that such acquisition could present to the
Armed Forces of the United States, of countries allied with the
United States, and of countries partnered with the United
States stationed in or deployed in the region.
(6) The potential that such acquisition could be used to
deliver chemical, biological, or nuclear weapons.
(7) The potential for the Government of the Islamic
Republic of Iran to proliferate weapons acquired in the absence
of an arms embargo to regional groups, including Shi'a militia
groups backed by such government.
(d) Form.--The report submitted under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 9510. REPORT ON IRANIAN ACTIVITIES RELATING TO NUCLEAR
NONPROLIFERATION.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the Select Committee on Intelligence, the Committee on
Armed Services, and the Committee on Foreign Relations of the
Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on Foreign
Affairs of the House of Representatives.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report assessing--
(1) any relevant activities potentially relating to nuclear
weapons research and development by the Islamic Republic of
Iran; and
(2) any relevant efforts to afford or deny international
access in accordance with international nonproliferation
agreements.
(c) Assessments.--The report required by subsection (b) shall
include assessments, for the period beginning on January 1, 2018, and
ending on the date of the submittal of the report, of the following:
(1) Activities to research, develop, or enrich uranium or
reprocess plutonium with the intent or capability of creating
weapons-grade nuclear material.
(2) Research, development, testing, or design activities
that could contribute to or inform construction of a device
intended to initiate or capable of initiating a nuclear
explosion.
(3) Efforts to receive, transmit, store, destroy, relocate,
archive, or otherwise preserve research, processes, products,
or enabling materials relevant or relating to any efforts
assessed under paragraph (1) or (2).
(4) Efforts to afford or deny international access, in
accordance with international nonproliferation agreements, to
locations, individuals, and materials relating to activities
described in paragraph (1), (2), or (3).
(d) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 9511. SENSE OF CONGRESS ON THIRD OPTION FOUNDATION.
It is the sense of the Congress that--
(1) the work of the Third Option Foundation to heal, help,
and honor members of the special operations community of the
Central Intelligence Agency and their families is invaluable;
and
(2) the Director of the Central Intelligence Agency should
work closely with the Third Option Foundation in implementing
section 19A of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3519b), as added by section 6412 of the Damon Paul
Nelson and Matthew Young Pollard Intelligence Authorization Act
for Fiscal Years 2018, 2019, and 2020 (Public Law 116-92).
Passed the Senate July 23, 2020.
Attest:
Secretary.
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.