TEXT OF AMENDMENTS; Congressional Record Vol. 166, No. 194
(Senate - November 16, 2020)

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[Pages S6723-S6983]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2682. Mr. McCONNELL (for Mr. Inhofe) proposed an amendment to the 
bill H.R. 6395, 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; as follows:
        Strike all after the enacting clause and insert the 
     following:

     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.

[[Page S6724]]

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.

[[Page S6725]]

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.

[[Page S6726]]

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.

[[Page S6727]]

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.

[[Page S6728]]

                      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.

[[Page S6729]]

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.

[[Page S6730]]

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.

[[Page S6731]]

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. 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.

[[Page S6732]]

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.

[[Page S6733]]

      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.

    DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021

Sec. 9001. Short title.
Sec. 9002. Definitions.

[[Page S6734]]

                   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

[[Page S6735]]

     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.

[[Page S6736]]

       (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

[[Page S6737]]

       (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.

[[Page S6738]]

  


     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).

[[Page S6739]]

       (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

[[Page S6740]]

     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

[[Page S6741]]

     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).

[[Page S6742]]

       (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.

[[Page S6743]]

       (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.

[[Page S6744]]

       (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).

[[Page S6745]]

       (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

[[Page S6746]]

       ``(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.

[[Page S6747]]

       ``(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;

[[Page S6748]]

       ``(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''.

[[Page S6749]]

  


                 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.

[[Page S6750]]

       (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.

[[Page S6751]]

       (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.

[[Page S6752]]

  


     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.

[[Page S6753]]

       ``(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

[[Page S6754]]

     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

[[Page S6755]]

     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

[[Page S6756]]

     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

[[Page S6757]]

     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

[[Page S6758]]

     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),''.

[[Page S6759]]

       (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:

[[Page S6760]]

  


     ``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

[[Page S6761]]

     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.

[[Page S6762]]

       (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

[[Page S6763]]

     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.

[[Page S6764]]

  


     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.

[[Page S6765]]

       (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

[[Page S6766]]

     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).

[[Page S6767]]

       (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

[[Page S6768]]

     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

[[Page S6769]]

     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--

[[Page S6770]]

       (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:

[[Page S6771]]

       ``(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.--

[[Page S6772]]

       (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

[[Page S6773]]

       (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'

[[Page S6774]]

     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

[[Page S6775]]

     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.--

[[Page S6776]]

       (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

[[Page S6777]]

     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;

[[Page S6778]]

       (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.

[[Page S6779]]

       (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

[[Page S6780]]

     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

[[Page S6781]]

       (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.

[[Page S6782]]

  


     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.

[[Page S6783]]

       (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

[[Page S6784]]

     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

[[Page S6785]]

     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

[[Page S6786]]

     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

[[Page S6787]]

     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

[[Page S6788]]

     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).

[[Page S6789]]

  


     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)''.

[[Page S6790]]

  


     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

[[Page S6791]]

       ``(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,

[[Page S6792]]

     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

[[Page S6793]]

       (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)--

[[Page S6794]]

       (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'';

[[Page S6795]]

       (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 Space 
    Force...................................................9151''.....

       (4) Retired commissioned officers: status.--Section 9203 of 
     such title is amended by inserting ``or the Space Force'' 
     after ``the Air Force''.
       (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

[[Page S6796]]

     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

[[Page S6797]]

       (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''.

[[Page S6798]]

       (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''.

[[Page S6799]]

       (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, N