[Congressional Record Volume 166, Number 194 (Monday, November 16, 2020)]
[Senate]
[Pages S6723-S6853]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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, Navy, Air Force, Marine Corps, and Space Force,
respectively)''.
(B) Clarifying amendment.--Such section 1722a(a) is further
amended by striking ``the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``the
Under Secretary of Defense for Acquisition and Sustainment''.
(28) Senior military acquisition advisors.--Section
1725(e)(1)(C) of such title is amended by inserting ``and
Space Force'' before the period.
(29) Military family readiness council.--Section
1781a(b)(1) of such title is amended by striking ``Marine
Corps, and Air Force'' each place it appears and inserting
``Air Force, Marine Corps, and Space Force''.
(30) Financial assistance program for specially selected
members.--Section 2107 of such title is amended--
(A) in subsection (a)--
(i) by striking ``or as a'' and inserting ``, as a''; and
(ii) by inserting ``or as an officer in the equivalent
grade in the Space Force'' after ``Marine Corps,'';
(B) in subsection (b)--
(i) in paragraph (3), by striking ``the reserve component
of the armed force in which he is appointed as a cadet or
midshipman'' and inserting ``the reserve component of an
armed force''; and
(ii) in paragraph (5), by striking ``reserve component of
that armed force'' each place it appears and inserting
``reserve component of an armed force''; and
(C) in subsection (d), by striking ``second lieutenant or
ensign'' and inserting ``second lieutenant, ensign, or an
equivalent grade in the Space Force''.
(31) Space rapid capabilities office.--Section 2273a(d) of
such title is amended by striking paragraph (3).
(32) Acquisition-related functions of chiefs of the armed
forces.--Section 2547(a) of such title is amended by striking
``and the Commandant of the Marine Corps'' and inserting
``the Commandant of the Marine Corps, and the Chief of Space
Operations''.
(33) Agreements related to military training, testing, and
operations.--Section 2684a(i) of such title is amended by
inserting ``Space Force,'' before ``or Defense-wide
activities'' each place it appears.
(c) Provisions of Subtitle B.--
(1) In general.--Subtitle B of title 10, United States
Code, is amended by striking ``or Marine Corps'' each place
it appears and inserting ``Marine Corps, or Space Force'' in
the following provisions:
(A) Section 7452(c).
(B) Section 7621(d).
(2) Computation of years of service.--Section 7326(a)(1) of
such title is amended by striking ``or the Air Force'' and
inserting ``, the Air Force, or the Space Force''.
(d) Provisions of Subtitle C.--
(1) Cadets; hazing.--Section 8464(f) of title 10, United
States Code, is amended by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''.
(2) Sales prices.--
(A) In general.--Section 8802 of such title is amended by
striking ``or the Air Force'' and inserting ``, the Air
Force, or the Space Force''.
(B) Heading.--The heading of such section 8802 is amended
to read as follows:
``Sec. 8802. Sales: members of Army, Air Force, and Space
Force; prices''.
(C) Table of sections.--The table of sections at the
beginning of chapter 879 of such title is amended by striking
the item relating to section 8802 and inserting the following
new item:
``8802. Sales: members of Army, Air Force, and Space Force; prices.''.
(3) Sales to certain veterans.--Section 8803 of such title
is amended by striking ``or the Marine Corps'' and inserting
``the Marine Corps, or the Space Force''.
(4) Subsistence and other supplies.--Section 8806(d) of
such title is amended by striking ``or Air Force or Marine
Corps'' and inserting ``, Air Force, Marine Corps, or Space
Force''.
(5) Scope of chapter on prize.--Section 8851(a) of such
title is amended by striking ``or the Air Force'' and
inserting ``, the Air Force, or the Space Force''.
SEC. 934. AMENDMENTS TO PROVISIONS OF LAW RELATING TO PAY AND
ALLOWANCES.
(a) Definitions.--Section 101 of title 37, United States
Code, is amended--
(1) in paragraphs (3) and (4), by inserting ``Space
Force,'' after ``Marine Corps,'' each place it appears; and
(2) in paragraph (5)(C), by inserting ``and the Space
Force'' after ``Air Force''.
(b) Basic Pay Rates.--
(1) Commissioned officers.--Footnote 2 of the table titled
``COMMISSIONED OFFICERS'' in section 601(c) of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 37 U.S.C. 1009 note) is amended by
inserting after ``Commandant of the Marine Corps,'' the
following: ``Chief of Space Operations,''.
[[Page S6800]]
(2) Enlisted members.--Footnote 2 of the table titled
``ENLISTED MEMBERS'' in section 601(c) of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 37 U.S.C. 1009 note) is amended by
inserting after ``Sergeant Major of the Marine Corps,'' the
following: ``the senior enlisted advisor of the Space
Force,''.
(c) Pay Grades: Assignment to; General Rules.--Section
201(a) of title 37, United States Code, is amended--
(1) by striking ``(a) For the purpose'' and inserting
``(a)(1) Subject to paragraph (2), for the purpose''; and
(2) by adding at the end the following new paragraph:
``(2) For the purpose of computing their basic pay,
commissioned officers of the Space Force are assigned to the
pay grades in the table in paragraph (1) by grade or rank in
the Air Force that is equivalent to the grade or rank in
which such officers are serving in the Space Force.''.
(d) Pay of Senior Enlisted Members.--Section 210(c) of
title 37, United States Code, is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) The senior enlisted advisor of the Space Force.''.
(e) Allowances Other Than Travel and Transportation
Allowances.--
(1) Personal money allowance.--Section 414 of title 37,
United States Code, is amended--
(A) in subsection (a)(5), by inserting ``Chief of Space
Operations,'' after ``Commandant of the Marines Corps,''; and
(B) in subsection (b), by inserting ``the senior enlisted
advisor of the Space Force,'' after ``the Sergeant Major of
the Marine Corps,''.
(2) Clothing allowance: enlisted members.--Section 418(d)
of such title is amended--
(A) in paragraph (1), by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''; and
(B) in paragraph (4), by striking ``or the Marine Corps''
and inserting ``the Marine Corps, or the Space Force''.
(f) Travel and Transportation Allowances: Parking
Expenses.--Section 481i(b) of title 37, United States Code,
is amended by striking ``or Marine Corps'' and inserting
``Marine Corps, or Space Force''.
(g) Leave.--
(1) Addition of space force.--Chapter 9 of title 37, United
States Code, is amended by inserting ``Space Force,'' after
``Marines Corps,'' each place it appears in the following
provisions:
(A) Subsections (b)(1) and (e)(1) of section 501.
(B) Section 502(a).
(C) Section 503(a).
(2) Addition of regular space force.--Section 501(b)(5)(C)
of such title is amended by striking ``or Regular Marine
Corps'' and inserting ``Regular Marine Corps, or Regular
Space Force''.
(3) Technical amendments.--Chapter 9 of such title is
further amended as follows:
(A) In section 501(b)(1)--
(i) by striking ``his'' each place it appears and inserting
``the member's''; and
(ii) by striking ``he'' and inserting ``the member''.
(B) In section 502--
(i) by striking ``his designated representative'' each
place it appears and inserting ``the Secretary's designated
representative'';
(ii) in subsection (a), by striking ``he'' each place it
appears and inserting ``the member''; and
(iii) in subsection (b), by striking ``his'' and inserting
``the member's''.
(h) Allotment and Assignment of Pay.--
(1) In general.--Subsections (a), (c), and (d) of section
701 of title 37, United States Code, are each amended by
striking ``or Marine Corps'' and inserting ``Marine Corps, or
Space Force''.
(2) Technical amendments.--Such section 701 is further
amended--
(A) in subsection (a), by striking ``his'' and inserting
``the officer's'';
(B) in subsection (b), by striking ``his'' and inserting
``the person's''; and
(C) in subsection (c), by striking ``his pay, and if he
does so'' and inserting ``the member's pay, and if the member
does so''.
(3) Heading.--The heading of such section 701 is amended to
read as follows:
``Sec. 701. Members of the Army, Navy, Air Force, Marine
Corps, and Space Force; contract surgeons''.
(4) Table of sections.--The table of sections at the
beginning of chapter 13 of such title is amended by striking
the item relating to section 701 and inserting the following
new item:
``701. Members of the Army, Navy, Air Force, Marine Corps, and Space
Force; contract surgeons.''.
(i) Forfeiture of Pay.--
(1) Forfeiture for absence for intemperate use of alcohol
or drugs.--
(A) In general.--Section 802 of title 37, United States
Code, is amended by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''.
(B) Technical amendments.--Such section 802 is further
amended by striking ``his'' each place it appears and
inserting ``the member's''.
(2) Forfeiture when dropped from rolls.--
(A) In general.--Section 803 of such title is amended by
striking ``or the Air Force'' and inserting ``, the Air
Force, or the Space Force''.
(B) Heading.--The heading of such section 803 is amended to
read as follows:
``Sec. 803. Commissioned officers of the Army, Air Force, or
Space Force: forfeiture of pay when dropped from rolls''.
(C) Table of sections.--The table of sections at the
beginning of chapter 15 of such title is amended by striking
the item relating to section 803 and inserting the following
new item:
``803. Commissioned officers of the Army, Air Force, or Space Force:
forfeiture of pay when dropped from rolls.''.
(j) Effect on Pay of Extension of Enlistment.--Section 906
of title 37, United States Code, is amended by inserting
``Space Force,'' after ``Marine Corps,''.
(k) Administration of Pay.--
(1) Prompt payment required.--
(A) In general.--Section 1005 of title 37, United States
Code, is amended by striking ``and of the Air Force'' and
inserting ``, the Air Force, and the Space Force''.
(B) Heading.--The heading of such section 1005 is amended
to read as follows:
``Sec. 1005. Army, Air Force, and Space Force: prompt
payments required''.
(C) Table of sections.--The table of sections at the
beginning of chapter 15 of such title is amended by striking
the item relating to section 803 and inserting the following
new item:
``1005. Army, Air Force, and Space Force: prompt payments required.''.
(2) Deductions from pay.--
(A) In general.--Section 1007 of such title is amended--
(i) in subsections (b), (d), (f), and (g), by striking ``or
the Air Force'' and inserting ``, the Air Force, or the Space
Force''; and
(ii) in subsection (e), by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''.
(B) Technical amendments.--Such section 1007 is further
amended--
(i) in subsection (b), by striking ``him'' and inserting
``the member'';
(ii) in subsection (d), by striking ``his'' each place it
appears and inserting ``the member's''; and
(iii) in subsection (f)--
(I) by striking ``his'' and inserting ``the officer's'';
and
(II) by striking ``he'' both places it appears and
inserting ``the officer''.
SEC. 935. AMENDMENTS RELATING TO PROVISIONS OF LAW ON
VETERANS' BENEFITS.
(a) Addition of Space Service to References to Military,
Naval, or Air Service.--Title 38, United States Code, is
amended by striking ``or air service'' and inserting ``air,
or space service'' each place it appears in the following
provisions:
(1) Paragraphs (2), (5), (12), (16), (17), (18), (24), and
(32) of section 101.
(2) Section 105(a).
(3) Section 106(b).
(4) Section 701.
(5) Paragraphs (1) and (2)(A) of section 1101.
(6) Section 1103.
(7) Section 1110.
(8) Subsections (b)(1) and (c)(1) of section 1112.
(9) Section 1113(b).
(10) Section 1131.
(11) Section 1132.
(12) Section 1133.
(13) Section 1137.
(14) Section 1141.
(15) Section 1153.
(16) Section 1301.
(17) Subsections (a) and (b) of section 1302.
(18) Section 1310(b).
(19) Section 1521(j).
(20) Section 1541(h).
(21) Subsections (a)(2)(B) and (e)(3) of section 1710.
(22) Section 1712(a).
(23) Section 1712A(c).
(24) Section 1717(d)(1).
(25) Subsections (b) and (c) of section 1720A.
(26) Section 1720D(c)(3).
(27) Section 1720E(a).
(28) Section 1720G(a)(2)(B).
(29) Subsections (b)(2), (e)(1), and (e)(4) of section
1720I.
(30) Section 1781(a)(3).
(31) Section 1783(b)(1).
(32) Section 1922(a).
(33) Section 2002(b)(1).
(34) Section 2101A(a)(1).
(35) Subsections (a)(1)(C) and (d) of section 2301.
(36) Section 2302(a).
(37) Section 2303(b)(2).
(38) Subsections (b)(4)(A) and (g)(2) of section 2306.
(39) Section 2402(a)(1).
(40) Section 3018B(a).
(41) Section 3102(a)(1)(A)(ii).
(42) Subsections (a) and (b)(2)(A) of section 3103.
(43) Section 3113(a).
(44) Section 3501(a).
(45) Section 3512(b)(1)(B)(iii).
(46) Section 3679(c)(2)(A).
(47) Section 3701(b)(2).
(48) Section 3712(e)(2).
(49) Section 3729(c)(1).
(50) Subparagraphs (A) and (B) of section 3901(1).
(51) Subsections (c)(1)(A) and (d)(2)(B) of section 5103A.
(52) Section 5110(j).
(53) Section 5111(a)(2)(A).
(54) Section 5113(b)(3)(C).
[[Page S6801]]
(55) Section 5303(e).
(56) Section 6104(c).
(57) Section 6105(a).
(58) Subsections (a)(1) and (b)(3) of section 6301.
(59) Section 6303(b).
(60) Section 6304(b)(1).
(61) Section 8301.
(b) Definitions.--
(1) Armed forces.--Paragraph (10) of section 101 of title
38, United States Code, is amended by inserting ``Space
Force,'' after ``Air Force,''.
(2) Secretary concerned.--Paragraph (25)(C) of such section
is amended by inserting ``or the Space Force'' before the
semicolon.
(3) Space force reserve.--Paragraph (27) of such section is
amended--
(A) by redesignating subparagraphs (E) through (G) as
subparagraphs (F) through (H), respectively; and
(B) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) the Space Force Reserve;''.
(c) Placement of Employees in Military Installations.--
Section 701 of title 38, United States Code, is amended by
striking ``and Air Force'' and inserting ``Air Force, and
Space Force''.
(d) Consideration to Be Accorded Time, Place, and
Circumstances of Service.--Section 1154(b) of title 38,
United States Code, is amended by striking ``or air
organization'' and inserting ``air, or space organization''.
(e) Premium Payments.--Section 1908 of title 38, United
States Code, is amended by inserting ``Space Force,'' after
``Marine Corps,''.
(f) Secretary Concerned for GI Bill.--Section 3020(l)(3) of
title 38, United States Code, is amended by inserting ``or
the Space Force'' before the semicolon.
(g) Definitions for Post-9/11 GI Bill.--Section 3301(2)(C)
of title 38,United States Code, is amended by inserting ``or
the Space Force'' after ``Air Force''.
(h) Provision of Credit Protection and Other Services.--
Section 5724(c)(2) of title 38, United States Code, is
amended by striking ``or Marine Corps'' and inserting
``Marine Corps, or Space Force''.
SEC. 936. AMENDMENTS TO OTHER PROVISIONS OF THE UNITED STATES
CODE.
(a) Title 5; Definition of Armed Forces.--Section 2101(2)
of title 5, United States Code, is amended by inserting after
``Marine Corps,'' the following: ``Space Force,''.
(b) Title 14.--
(1) Voluntary retirement.--Section 2152 of title 14, United
States Code, is amended by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''.
(2) Computation of length of service.--Section 2513 of such
title is amended by inserting after ``Air Force,'' the
following: ``Space Force,''.
(c) Title 18; Firearms as Nonmailable.--Section 1715 of
such title is amended by inserting ``Space Force,'' after
``Marine Corps,''.
(d) Title 31.--
(1) Definitions relating to claims.--Section 3701(a)(7) of
title 31, United States Code, is amended by inserting ``Space
Force,'' after ``Marine Corps,''.
(2) Collection and compromise.--Section 3711(f) of such
title is amended in paragraphs (1) and (3) by inserting
``Space Force,'' after ``Marine Corps,'' each place it
appears.
(e) Title 41; Honorable Discharge Certificate in Lieu of
Birth Certificate.--Section 6309(a) of title 41, United
States Code, is amended by inserting ``Space Force,'' after
``Marine Corps,''.
(f) Title 51; Powers of the Administration in Performance
of Functions.--Section 20113(l) of title 51, United States
Code, is amended--
(1) in the subsection heading, by striking ``Services'' and
inserting ``Forces''; and
(2) by striking ``and Marine Corps'' and inserting ``Marine
Corps, and Space Force''.
SEC. 937. APPLICABILITY TO OTHER PROVISIONS OF LAW.
(a) Secretary of Defense Authority.--The authority of the
Secretary of Defense with respect to the Air Force or members
of the Air Force under any covered provision of law may be
exercised by the Secretary with respect to the Space Force or
members of the Space Force.
(b) Secretary of the Air Force Authority.--The authority of
the Secretary of the Air Force with respect to the Air Force
or members of the Air Force under any covered provision of
law may be exercised with respect to the Space Force or
members of the Space Force.
(c) Benefits for Members.--A member of the Space Force
shall be eligible for any benefit under a covered provision
of law that is available to a member of the Air Force under
the same terms and conditions as the provision of law applies
to members of the Air Force.
(d) Covered Provision of Law Defined.--In this section, the
term ``covered provision of law'' means a provision of law
other than a provision of title 5, 10, 14, 18, 31, 37, 38,
41, or 51, United States Code.
PART II--OTHER MATTERS
SEC. 941. MATTERS RELATING TO RESERVE COMPONENTS FOR THE
SPACE FORCE.
(a) Limitation on Establishment of Space National Guard.--
(1) In general.--The Space National Guard may not be
established as a reserve component of the Space Force until
the Secretary of Defense certifies in writing, to the
congressional defense committees that a Space National Guard
is the organization best suited to discharge in an effective
and efficient manner the missions intended to be assigned to
the Space National Guard.
(2) Basis for certification.--The certification must be
based on the results of a study conducted for purposes of
this subsection by the Assistant Secretary of the Air Force
for Manpower and Reserve Affairs.
(3) Proposed missions.--The certification shall include a
description of each mission proposed to be assigned to the
Space National Guard in connection with the certification.
(b) Space Force Reserve.--
(1) Inclusion within space force.--Section 9081(b)(2) of
title 10, United States Code, is amended by inserting ``,
including the Regular Space Force and the Space Force
Reserve,'' after ``space forces''.
(2) Named reserve component.--Section 10101 of title 10,
United States Code, is amended--
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The Space Force Reserve.''.
(3) Composition.--
(A) In general.--Chapter 1003 of such title is amended--
(i) by redesignating section 10114 as section 10115; and
(ii) by inserting after section 10113 the following new
section 10114:
``Sec. 10114. Space Force Reserve: composition
``The Space Force Reserve is a reserve component of the
Space Force to provide a reserve for active duty. It consists
of the members of the officers' section of the Space Force
Reserve and of the enlisted section of the Space Force
Reserve.''.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 1003 of such title is amended by
striking the item relating to section 10114 and inserting the
following new items:
``10114. Space Force Reserve: composition.
``10115. Coast Guard Reserve.''.
(4) Space force reserve command.--
(A) In general.--Chapter 1006 of such title is amended by
adding at the end the following new section:
``Sec. 10175. Space Force Reserve Command
``(a) Establishment of Command.--The Secretary of the Air
Force, with the advice and assistance of the Chief of Space
Operations, shall establish a Space Force Reserve Command.
The Space Force Reserve Command shall be operated as a
separate command of the Space Force.
``(b) Commander.--The Chief of Space Force Reserve is the
Commander of the Space Force Reserve Command. The commander
of the Space Force Reserve Command reports directly to the
Chief of Space Operations.
``(c) Assignment of Forces.--The Secretary of the Air
Force--
``(1) shall assign to the Space Force Reserve Command all
forces of the Space Force Reserve stationed in the
continental United States other than forces assigned to the
unified combatant command for special operations forces
established pursuant to section 167 of this title; and
``(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions
of the Secretary of the Air Force specified in section 9013
of this title, shall assign to the combatant commands all
such forces assigned to the Space Force Reserve Command under
paragraph (1) in the manner specified by the Secretary of
Defense.''.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 1006 of such title is amended by adding
at the end the following new item:
``10175. Space Force Reserve Command.''.
(c) Military Personnel Management.--Any authority in title
10, United States Code, may be applied to a member of the
Space Force Reserve in the same manner as such authority is
applied to a similarly situated member of the Air Force
Reserve. In the application of such authority to a member of
the Space Force Reserve, any reference to a grade of a member
of in the Air Force or Air Force Reserve shall be deemed to
refer to the equivalent grade in the Space Force or Space
Force Reserve.
(d) Report on Integration of Space Force Reserve Into
Law.--Not later than 270 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House or
Representatives a report setting forth the amendments to
title 10, United States Code, and any other laws, necessary
to fully integrate the Space Force Reserve into statutory
authorities on the personnel, activities, missions, and
management of the Space Force.
SEC. 942. TRANSFERS OF MILITARY AND CIVILIAN PERSONNEL TO THE
SPACE FORCE.
(a) Prohibition on Involuntary Transfer.--A member of the
Armed Forces or civilian employee of the Department of
Defense may not be transferred to the military or civilian
part of the Space Force, as the case may be, without the
consent of such member or employee.
(b) Status Within Space Force Upon Transfer.--Any member of
the Armed Forces or civilian employee of the Department of
Defense who is transferred to the Space Force shall, after
transfer, have the status of member or civilian employee, as
the case may be, of the Space Force.
(c) Detail or Assignment of Members.--
[[Page S6802]]
(1) Permanent nature of detail or assignment.--The detail
or assignment of any member of the Armed Forces to the Space
Force on or after the date of the enactment of this Act shall
be permanent, and shall be treated as a transfer to which
subsection (b) applies.
(2) Acknowledgment of nature.--Any member undergoing a
detail or assignment described in paragraph (1) shall execute
a written acknowledgment, before undergoing such detail or
assignment, of the permanent nature of the detail or
assignment by reason of paragraph (1).
SEC. 943. LIMITATION ON TRANSFER OF MILITARY INSTALLATIONS TO
THE JURISDICTION OF THE SPACE FORCE.
(a) Limitation.--A military installation (whether or not
under the jurisdiction of the Department of the Air Force)
may not be transferred to the jurisdiction or command of the
Space Force until the Secretary of the Air Force briefs the
congressional defense committees on the results of a business
case analysis, conducted by the Secretary in connection with
the transfer, of the cost and efficacy of the transfer.
(b) Timing of Briefing.--The briefing on a business case
analysis conducted pursuant to subsection (a) shall be
provided not later than 15 days after the date of the
completion of the business case analysis by the Secretary.
SEC. 944. CLARIFICATION OF PROCUREMENT OF COMMERCIAL
SATELLITE COMMUNICATIONS SERVICES.
(a) In General.--Chapter 963 of title 10, United States
Code, is amended by inserting before section 9532 the
following new section:
``Sec. 9531. Procurement of commercial satellite
communications services
``The Secretary of the Air Force shall be responsible for
the procurement of commercial satellite communications
services for the Department of Defense.''.
(b) Table of Sections.--The table of sections at the
beginning of chapter 963 of such title is amended by
inserting before the item relating to section 9532 the
following new item:
``9531. Procurement of commercial satellite communications services.''.
SEC. 945. TEMPORARY EXEMPTION FROM AUTHORIZED DAILY AVERAGE
OF MEMBERS IN PAY GRADES E-8 AND E-9.
Section 517 of title 10, United States Code, shall not
apply to the Space Force until October 1, 2023.
SEC. 946. APPLICATION OF ACQUISITION DEMONSTRATION PROJECT TO
DEPARTMENT OF THE AIR FORCE EMPLOYEES ASSIGNED
TO ACQUISITION POSITIONS WITHIN THE SPACE
FORCE.
(a) In General.--Chapter 81 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1599i. Application of acquisition demonstration
project to Department of the Air Force employees assigned
to acquisition positions within the Space Force
``For purposes of the demonstration project authorized by
section 1762 of this title, the Secretary of Defense may
apply the provisions of such section, including any
regulations, procedures, waivers, or guidance implementing
such section, to employees of the Department of the Air Force
assigned to acquisition positions within the Space Force.''.
(b) Table of Sections.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1599i. Application of acquisition demonstration project to Department
of the Air Force employees assigned to acquisition
positions within the Space Force.''.
SEC. 947. AIR AND SPACE FORCE MEDAL.
(a) Supersedure of Airman's Medal With Air and Space Force
Medal.--
(1) In general.--Section 9280 of title 10, United States
Code, is amended--
(A) by striking ``Airman's Medal'' each place it appears
and inserting ``Air and Space Force Medal''; and
(B) in subsection (a)(1), by inserting ``or the Space
Force'' after ``the Air Force''.
(2) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 9280. Air and Space Force Medal: award; limitations''.
(3) Table of sections.--The table of sections at the
beginning of chapter 937 of such title is amended by striking
the item relating to section 9280 and inserting the following
new item:
``9280. Air and Space Force Medal: award; limitations.''.
(b) Differentiation in Design.--The President shall ensure
that the design of the Air and Space Force Medal and
accompanying ribbon (and any related bar or device) awarded
under section 9280 of title 10, United States Code (as
amended by subsection (a)), differs in an appropriate manner
from the design of the Airman's Medal and accompanying
ribbon, bar, or device awarded under section 9280 of title
10, United States Code, as such section was in effect on the
date before the date of the enactment of this Act.
Subtitle D--Organization and Management of Other Department of Defense
Offices and Elements
SEC. 951. ANNUAL REPORT ON ESTABLISHMENT OF FIELD OPERATING
AGENCIES.
(a) In General.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by inserting after section
2245 the following new section:
``Sec. 2246. Establishment of field operating agencies:
annual report
``(a) Annual Report Required.--Not later than January 31
each year, the Secretary of Defense shall submit to the
congressional defense committees a report on each, if any,
field operating agency established during the preceding year.
``(b) Elements.--Each report under subsection (a) shall
include, for each field operating agency covered by such
report, the following:
``(1) The name of such agency.
``(2) The physical location of such agency.
``(3) The title and grade (whether military or civilian) of
the head of such agency.
``(4) The chain of command, supervision, or authority
through which the head of such agency reports to the Office
of the Secretary of Defense or the military department or
Armed Forces headquarters, as applicable.
``(5) The mission of such agency.
``(6) The number of personnel authorized to be assigned to
such agency, and the number of such authorizations encumbered
by military personnel and civilian employees of the
Department of Defense or military department, as applicable.
``(7) The purpose underlying the establishment of such
agency.
``(8) Any cost savings or other efficiencies that have
accrued, or are anticipated to accrue, to the Department of
Defense or any of its components in connection with the
establishment and operation of such agency.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of chapter 134 of such title is
amended by inserting after the item relating to section 2245
the following new item:
``2246. Establishment of field operating agencies: annual report.''.
SEC. 952. BRIEFING ON ASSIGNMENT OF MEMBERS OF THE ARMED
FORCES ON ACTIVE DUTY TO THE JOINT ARTIFICIAL
INTELLIGENCE CENTER OF THE DEPARTMENT OF
DEFENSE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense, with appropriate
representatives of the Armed Forces, shall brief the
Committees on Armed Services of the Senate and the House of
Representatives on the feasibility and the current status of
assigning members of the Armed Forces on active duty to the
Joint Artificial Intelligence Center (JAIC) of the Department
of Defense. The briefing shall include an assessment of such
assignment on each of the following:
(1) The strengthening of ties between the Joint Artificial
Intelligence Center and operational forces for purposes of--
(A) identifying tactical and operational use cases for
artificial intelligence (AI);
(B) improving data collection; and
(C) establishing effective liaison between the Center and
operational forces for identification and clarification of
concerns in the widespread adoption and dissemination of
artificial intelligence.
(2) The creation of opportunities for additional non-
traditional broadening assignments for members on active
duty.
(3) The career trajectory of active duty members so
assigned, including potential negative effects on career
trajectory.
(4) The improvement and enhancement of the capacity of the
Center to influence Department-wide policies that affect the
adoption of artificial intelligence.
SEC. 953. THREATS TO UNITED STATES FORCES FROM SMALL UNMANNED
AERIAL SYSTEMS WORLDWIDE.
(a) Findings.--Congress makes the following findings:
(1) United States military forces face an ever increasing
and constantly evolving threat from small unmanned aerial
systems in operations worldwide, whether in the United States
or abroad.
(2) The Department of Defense is already doing important
work to address the threats from small unmanned aerial
systems worldwide, though the need for engagement in that
area continues.
(b) Executive Agent.--
(1) In general.--The Secretary of the Army is the executive
agent of the Department of Defense for programs, projects,
and activities to counter small unmanned aerial systems (in
this section referred to as the ``Counter-Small Unmanned
Aerial Systems Program'').
(2) Functions.--The functions of the Secretary as executive
agent shall be as follows:
(A) To develop the strategy required by subsection (c).
(B) To carry out such other activities to counter threats
to United States forces worldwide from small unmanned aerial
systems as the Secretary of Defense and the Secretary of the
Army consider appropriate.
(3) Structure.--The Secretary as executive agent shall
carry out the functions specified in paragraph (2) through
such administrative structures as the Secretary considers
appropriate.
(c) Strategy To Counter Threats From Small Unmanned Aerial
Systems.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Army, as
executive agent for the Counter-Small Unmanned Aerial Systems
Program, shall develop and submit to relevant committees of
Congress a strategy for the Armed Forces to effectively
counter threats from small unmanned aerial systems worldwide.
The report shall be submitted in classified form.
(d) Report on Executive Agent Activities.--
[[Page S6803]]
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the Secretary of the Army,
as executive agent for the Counter-Small Unmanned Aerial
Systems Program, shall submit to Congress a report on the
Counter-Small Unmanned Aerial Systems Program.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description and assessment of the structure and
activities of the executive agent as established and put in
place by the Secretary, including the following:
(i) Any obstacles hindering the effective discharge of its
functions and activities, including limitations in
authorities or policy.
(ii) The changes, if any, to airspace management, rules of
engagement, and training plans that are required in order to
optimize the use by the Armed Forces of counter-small
unmanned aerial systems.
(B) An assessment of the implementation of the strategy
required by subsection (c), and a description of any updates
to the strategy that are required in light of evolving
threats to the Armed Forces from small unmanned aerial
systems.
(e) Report on Threat From Small Unmanned Aerial Systems.--
(1) Report required.--Not later than 180 days after the
submittal of the strategy required by subsection (c), the
Secretary of Defense shall submit to the appropriate
committees of Congress a report that sets forth a direct
comparison between the threats United States forces in combat
settings face from small unmanned aerial systems and the
capabilities of the United States to counter such threats.
The report shall be submitted in classified form.
(2) Coordination.--The Secretary shall prepare the report
required by paragraph (1) in coordination with the Director
of the Defense Intelligence Agency and with such other
appropriate officials of the intelligence community, and such
other officials in the United States Government, as the
Secretary considers appropriate.
(3) Elements.--The report required by paragraph (1) shall
include the following:
(A) An evaluation and assessment of the current and
evolving threat being faced by United States forces from
small unmanned aerial systems.
(B) A description of the counter-small unmanned aerial
system systems acquired by the Department of Defense as of
the date of the enactment of this Act, and an assessment
whether such systems are adequate to meet the current and
evolving threat described in subparagraph (A).
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(f) Independent Assessment of Counter-Small Unmanned Aerial
Systems Program.--
(1) Assessment.--Not later than 60 days after the submittal
of the strategy required by subsection (c), the Secretary of
Defense shall seek to enter into a contract with a Federally
funded research and development center to conduct an
assessment of the efficacy of the Counter-Small Unmanned
Aerial Systems Program.
(2) Elements.--The assessment conducted pursuant to
paragraph (1) shall include the following:
(A) An identification of metrics to assess progress in the
implementation of the strategy required by subsection (c),
which metrics shall take into account the threat assessment
required for purposes of subsection (e).
(B) An assessment of progress, and key challenges, in the
implementation of the strategy using such metrics, and
recommendations for improvements in the implementation of the
strategy.
(C) An assessment of the extent to which the Department of
Defense is coordinating adequately with other departments and
agencies of the United States Government, and other
appropriate entities, in the development and procurement of
counter-small unmanned aerial systems for the Department.
(D) An assessment of the extent to which the designation of
the Secretary of the Army as executive agent for the Counter-
Small Unmanned Aerial Systems Program has reduced
redundancies and increased efficiencies in procurement of
counter-small unmanned aerial systems.
(E) An assessment whether United States technological
progress on counter-small unmanned aerial systems is
sufficient to maintain a competitive edge over the small
unmanned aerial systems technology available to United States
adversaries.
(3) Report.--Not later than 180 days after entry into the
contract referred to in paragraph (1), the Secretary shall
submit to the congressional defense committees a report
setting forth the results of the assessment required under
the contract.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2021 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$4,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a)
to transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. APPLICATION OF FINANCIAL IMPROVEMENT AND AUDIT
REMEDIATION PLAN TO FISCAL YEARS FOLLOWING
FISCAL YEAR 2020.
Section 240b(a)(2)(A)(iii) of title 10, United States Code,
is amended by striking ``for fiscal year 2018'' and all that
follows and inserting ``for each fiscal year after fiscal
year 2020 occurs by not later than March 31 following such
fiscal year;''.
SEC. 1003. INCENTIVES FOR THE ACHIEVEMENT BY THE COMPONENTS
OF THE DEPARTMENT OF DEFENSE OF UNQUALIFIED
AUDIT OPINIONS ON THE FINANCIAL STATEMENTS.
(a) Incentives Required.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of
Defense (Comptroller) shall, acting through the Deputy Chief
Financial Officer of the Department of Defense, develop and
issue guidance to incentivize the achievement by each
department, agency, and other component of the Department of
Defense of unqualified audit opinions on their financial
statements.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary shall submit to
the appropriate committees of Congress a report setting forth
a description and assessment of current and proposed
incentives for the achievement of unqualified audit opinions
as described in subsection (a).
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on the
Budget, and the Committee on Appropriations of the Senate;
and
(2) the Committee on Armed Services, the Committee on the
Budget, and the Committee on Appropriations of the House of
Representatives.
Subtitle B--Counterdrug Activities
SEC. 1011. CODIFICATION OF AUTHORITY FOR JOINT TASK FORCES OF
THE DEPARTMENT OF DEFENSE TO SUPPORT LAW
ENFORCEMENT AGENCIES CONDUCTING
COUNTERTERRORISM OR COUNTER-TRANSNATIONAL
ORGANIZED CRIME ACTIVITIES.
(a) Codification of Section 1022 of FY 2004 NDAA.--Chapter
15 of title 10, United States Code, is amended by adding at
the end a new section 285 consisting of--
(1) a heading as follows:
``Sec. 285. Authority for joint task forces to support law
enforcement agencies conducting counterterrorism or
counter-transnational organized crime activities''; and
(2) a text consisting of the text of section 1022 of the
National Defense Authorization Act for Fiscal Year 2004 (10
U.S.C. 271 note).
(b) Conforming Amendments in Connection With
Codification.--Section 285 of title 10, United States Code,
as added by subsection (a), is amended--
(1) in subsection (b), by striking ``During fiscal years
2006 through 2022, funds for drug interdiction'' and
inserting ``Funds for drug interdiction'';
(2) in subsection (c), by striking ``of each year in which
the authority in subsection (a) is in effect'' and inserting
``each year'';
(3) in subsection (d)--
(A) in paragraph (1), by striking the paragraph designation
and all that follows through ``Support'' in paragraph (2)(A)
and inserting ``(1) Support'';
(B) by redesignating subparagraph (B) as paragraph (2); and
(C) in paragraph (2), as so redesignated, by striking
``subparagraph (A)'' and inserting ``paragraph (1)''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``of title 10, United
States Code'' and inserting ``of this title''; and
(B) by striking the second paragraph (2).
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 15 of such title is amended by adding at
the end the following new item:
[[Page S6804]]
``285. Authority for joint task forces to support law enforcement
agencies conducting counterterrorism or counter-
transnational organized crime activities.''.
(d) Conforming Repeal.--Section 1022 of the National
Defense Authorization Act for Fiscal Year 2004 is repealed.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. MODIFICATION OF AUTHORITY TO PURCHASE USED VESSELS
WITH FUNDS IN THE NATIONAL DEFENSE SEALIFT
FUND.
Section 2218(f)(3) of title 10, United States Code, is
amended--
(1) by striking subparagraphs (E) and (G); and
(2) by redesignating subparagraph (F) as subparagraph (E).
SEC. 1022. WAIVER DURING WAR OR THREAT TO NATIONAL SECURITY
OF RESTRICTIONS ON OVERHAUL, REPAIR, OR
MAINTENANCE OF VESSELS IN FOREIGN SHIPYARDS.
Section 8680 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection: (c)
``(c) Waiver.--(1) The Secretary of the Navy may waive the
restrictions in subsections (a) and (b) for the duration of a
period of threat to the national security interests of the
United States upon a written determination by the Secretary
that such a waiver is necessary in the national security
interest of the United States.
``(2) Not later than 15 days after making a determination
under paragraph (1), the Secretary shall provide to the
congressional defense committees a written notification on
the determination.
``(3) In this subsection, the term `period of threat to the
national security interests of the United States' means the
following:
``(A) A period of war.
``(B) Any other period determined by Secretary of Defense
in which the national security interests of the United States
are threatened by the application, or the imminent danger of
application, of physical force by any foreign government or
agency against the United States, citizens of the United
States, the property of citizens of the United States, or the
commercial interests of citizens of the United States.''.
SEC. 1023. MODIFICATION OF WAIVER AUTHORITY ON PROHIBITION ON
USE OF FUNDS FOR RETIREMENT OF CERTAIN LEGACY
MARITIME MINE COUNTERMEASURE PLATFORMS.
(a) In General.--Section 1046(b)(1) of the National Defense
Authorization Act for Fiscal Year 2018 (Public law 115-91;
131 Stat. 1556) is amended by striking ``certifies'' and
inserting ``, with the concurrence of the Director of
Operational Test and Evaluation, certifies in writing''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act,
and shall apply with respect to waivers under subsection
(b)(1) of section 1046 of the National Defense Authorization
Act for Fiscal Year 2018 of the prohibition under subsection
(a) of that section that occur on or after that date.
SEC. 1024. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF
EXPENSES FOR CERTAIN NAVY MESS OPERATIONS
AFLOAT.
Section 1014(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4585), as most recently amended by section 1023(a)
of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 966), is further amended
by striking ``September 30, 2020'' and inserting ``September
30, 2025''.
SEC. 1025. SENSE OF CONGRESS ON ACTIONS NECESSARY TO ACHIEVE
A 355-SHIP NAVY.
It is the sense of Congress that to achieve the national
policy of the United States to have available, as soon as
practicable, not fewer than 355 battle force ships--
(1) the Navy must be adequately resourced to increase the
size of the Navy in accordance with the national policy,
which includes the associated ships, aircraft, personnel,
sustainment, and munitions;
(2) across fiscal years 2021 through 2025, the Navy should
start construction on not fewer than--
(A) 12 Arleigh Burke-class destroyers;
(B) 10 Virginia-class submarines;
(C) 2 Columbia-class submarines;
(D) 3 San Antonio-class amphibious ships;
(E) 1 LHA-class amphibious ship;
(F) 6 John Lewis-class fleet oilers; and
(G) 5 guided missile frigates;
(3) new guided missile frigate construction should increase
to a rate of between two and four ships per year once design
maturity and construction readiness permit;
(4) the Columbia-class submarine program should be funded
with additions to the Navy budget significantly above the
historical average, given the critical single national
mission that these vessels will perform and the high priority
of the shipbuilding budget for implementing the National
Defense Strategy;
(5) stable shipbuilding rates of construction should be
maintained for each vessel class, utilizing multi-year or
block buy contract authorities when appropriate, until a
deliberate transition plan is identified; and
(6) prototyping of potential new shipboard subsystems
should be accelerated to build knowledge systematically, and,
to the maximum extent practicable, shipbuilding prototyping
should occur at the subsystem-level in advance of ship
design.
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1953), as amended by section 1043 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92), is further amended by striking ``December 31, 2020''
and inserting ``December 31, 2021''.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE
OR RELINQUISH CONTROL OF UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1551), as most
recently amended by section 1045 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
is further amended by striking ``fiscal year 2018, 2019, or
2020'' and inserting ``fiscal years 2018 through 2021''.
SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1954), as amended by section 1042 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92), is further amended by striking ``December 31, 2020''
and inserting ``December 31, 2021''.
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO
CONSTRUCT OR MODIFY FACILITIES IN THE UNITED
STATES TO HOUSE DETAINEES TRANSFERRED FROM
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1954), as amended by section 1044 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92), is further amended by striking ``December 31, 2020''
and inserting ``December 31, 2021''.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. INCLUSION OF DISASTER-RELATED EMERGENCY
PREPAREDNESS ACTIVITIES AMONG LAW ENFORCEMENT
ACTIVITIES AUTHORITIES FOR SALE OR DONATION OF
EXCESS PERSONAL PROPERTY OF THE DEPARTMENT OF
DEFENSE.
(a) Inclusion.--Subsection (a)(1)(A) of section 2576a of
title 10, United States Code, is amended by inserting
``disaster-related emergency preparedness,'' after
``counterterrorism,''.
(b) Preference in Transfers.--Subsection (d) of such
section is amended to read as follows:
``(d) Preference for Certain Transfers.--In considering
applications for the transfer of personal property under this
section, the Secretary shall give a preference to
applications indicating that the transferred property will be
used in the counterdrug, counterterrorism, disaster-related
emergency preparedness, or border security activities of the
recipient agency. Applications that request vehicles used for
disaster-related emergency preparedness, such as high-water
rescue vehicles, should receive the highest preference.''.
SEC. 1042. EXPENDITURE OF FUNDS FOR DEPARTMENT OF DEFENSE
CLANDESTINE ACTIVITIES THAT SUPPORT OPERATIONAL
PREPARATION OF THE ENVIRONMENT.
(a) Authority.--Subject to subsections (b) through (d), the
Secretary of Defense may expend up to $15,000,000 in any
fiscal year for clandestine activities for any purpose the
Secretary determines to be proper for preparation of the
environment for operations of a confidential nature. Such a
determination is final and conclusive upon the accounting
officers of the United States. The Secretary may certify the
amount of any such expenditure authorized by the Secretary
that the Secretary considers advisable not to specify, and
the Secretary's certificate is sufficient voucher for the
expenditure of that amount.
(b) Funds.--Funds for expenditures under this section in a
fiscal year shall be derived from amounts authorized to be
appropriated for that fiscal year for operation and
maintenance, Defense-wide.
(c) Limitation on Delegation.--The Secretary of Defense may
not delegate the authority under this section with respect to
any expenditure in excess of $100,000.
(d) Exclusion of Intelligence Activities.--
(1) In general.--This section does not constitute authority
to conduct, or expend funds for, intelligence,
counterintelligence, or intelligence-related activities.
(2) Definitions.--In this subsection, the terms
``intelligence'' and ``counterintelligence'' have the meaning
given those terms in section 3 of the National Security Act
of 1947 (50 U.S.C. 3003).
(e) Annual Report.--Not later than December 31 each year,
the Secretary of Defense shall submit to the congressional
defense committees a report on expenditures
[[Page S6805]]
made under this section during the fiscal year preceding the
year in which the report is submitted. Each report shall
include, for each expenditure under this section during the
fiscal year covered by such report--
(1) the amount and date of such expenditure;
(2) a detailed description of the purpose for which such
expenditure was made;
(3) an explanation why other authorities available to the
Department of Defense could not be used for such expenditure;
and
(4) any other matters the Secretary considers appropriate.
SEC. 1043. CLARIFICATION OF AUTHORITY OF MILITARY COMMISSIONS
UNDER CHAPTER 47A OF TITLE 10, UNITED STATES
CODE, TO PUNISH CONTEMPT.
(a) Clarification.--
(1) In general.--Subchapter IV of chapter 47A of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 949o-1. Contempt
``(a) Authority to Punish.--(1) With respect to any
proceeding under this chapter, a judicial officer specified
in paragraph (2) may punish for contempt any person who--
``(A) uses any menacing word, sign, or gesture in the
presence of the judicial officer during the proceeding;
``(B) disturbs the proceeding by any riot or disorder; or
``(C) willfully disobeys a lawful writ, process, order,
rule, decree, or command issued with respect to the
proceeding.
``(2) A judicial officer referred to in paragraph (1) is
any of the following:
``(A) Any judge of the United States Court of Military
Commission Review.
``(B) Any military judge detailed to a military commission
or any other proceeding under this chapter.
``(b) Punishment.--The punishment for contempt under
subsection (a) may not exceed confinement for 30 days, a fine
of $1,000, or both.
``(c) Review.--(1) A punishment under this section--
``(A) is not reviewable by the convening authority of a
military commission under this chapter;
``(B) if imposed by a military judge, shall constitute a
judgment, subject to review in the first instance only by the
United States Court of Military Commission Review and then
only by the United States Court of Appeals for the District
of Columbia Circuit; and
``(C) if imposed by a judge of the United States Court of
Military Commission Review, shall constitute a judgment of
the court subject to review only by the United States Court
of Appeals for the District of Columbia Circuit.
``(2) In reviewing a punishment for contempt imposed under
this section, the reviewing court shall affirm such
punishment unless the court finds that imposing such
punishment was an abuse of the discretion of the judicial
officer who imposed such punishment.
``(3) A petition for review of punishment for contempt
imposed under this section shall be filed not later than 60
days after the date on which the authenticated record upon
which the contempt punishment is based and any contempt
proceedings conducted by the judicial officer are served on
the person punished for contempt.
``(d) Punishment Not Conviction.--Punishment for contempt
is not a conviction or sentence within the meaning of section
949m of this title. The imposition of punishment for contempt
is not governed by other provisions of this chapter
applicable to military commissions, except that the Secretary
of Defense may prescribe procedures for contempt proceedings
and punishments, pursuant to the authority provided in
section 949a of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter IV of such chapter is amended by
adding at the end the following new item:
``949o-1. Contempt.''.
(b) Conforming Amendments.--Section 950t of title 10,
United States Code, is amended--
(1) by striking paragraph (31); and
(2) by redesignating paragraph (32) as paragraph (31).
(c) Rule of Construction.--The amendments made by
subsections (a) and (b) shall not be construed to affect the
lawfulness of any punishment for contempt adjudged prior to
the effective date of such amendments.
(d) Applicability.--The amendments made by subsections (a)
and (b) shall take effect on the date of the enactment of
this Act, and shall apply with respect to conduct by a person
that occurs on or after such date.
SEC. 1044. PROHIBITION ON ACTIONS TO INFRINGE UPON FIRST
AMENDMENT RIGHTS OF PEACEABLE ASSEMBLY AND
PETITION FOR REDRESS OF GRIEVANCES.
Amounts authorized to be appropriated by this Act shall not
be used for any program, project, or activity, or any use of
personnel, to conduct actions against United States citizens
that infringe upon their rights under the First Amendment to
the Constitution peaceably to assemble and/or to petition the
Government for a redress of grievances.
SEC. 1045. ARCTIC PLANNING, RESEARCH, AND DEVELOPMENT.
(a) Arctic Planning and Implementation.--
(1) In general.--The Secretary of Defense and the Chairman
of the Joint Chiefs of Staff shall begin planning and
implementing such changes as may be necessary for
requirements, training, equipment, doctrine, and capability
development of the Armed Forces should an expanded role of
the Armed Forces in the Arctic be determined by the Secretary
to be in the national security interests of the United
States.
(2) Training.--In carrying out paragraph (1), the Secretary
shall direct the Armed Forces to carry out training in the
Arctic or training relevant to carrying out military
operations in the Arctic.
(b) Arctic Research and Development Program.--
(1) In general.--If pursuant to subsection (a), the
Secretary of Defense determines that an expanded role for the
Armed Forces is in the national security interests of the
United States, the Secretary shall establish a research and
development program on the current and future requirements
and needs of the Armed Forces for operations in the Arctic.
(2) Elements.--The program required by paragraph (1) shall
include the following:
(A) Development of materiel solutions for operating in
extreme weather environments of the Arctic, including
equipment for individual members of the Armed Forces, ground
vehicles, and communications systems.
(B) Development of a plan for fielding future weapons
platforms able to operate in Arctic conditions for surface
combatants, submarines, aviation platforms, assault craft
unit connectors, auxiliaries, littoral craft, unmanned aerial
vehicles, and any other systems that may be needed in the
Arctic.
(C) Development of capabilities to monitor, assess, and
predict environmental and weather conditions in the Arctic
and their effect on military operations.
(D) Determining requirements for logistics and sustainment
of the Armed Forces operating in the Arctic.
SEC. 1046. CONSIDERATION OF SECURITY RISKS IN CERTAIN
TELECOMMUNICATIONS ARCHITECTURE FOR FUTURE
OVERSEAS BASING DECISIONS OF THE DEPARTMENT OF
DEFENSE.
The Secretary of Defense shall take into account the
security risks of 5G and 6G telecommunications network
architecture, including the use of telecommunications
equipment provided by at-risk vendors such as Huawei
Technologies Company, Ltd., and the Zhongxing
Telecommunications Equipment Corporation (ZTE), in all future
overseas stationing decisions of the Department of Defense,
including--
(1) security risks from threats to operational and
information security of United States military personnel and
equipment; and
(2) the sufficiency of potential mitigation by the
Department and the host nation concerned of such security
risks, including through cost-sharing agreements related to
such mitigation.
SEC. 1047. FOREIGN MILITARY TRAINING PROGRAMS.
(a) Short Title.--This section may be cited as the ``Secure
United States Bases Act''.
(b) Definitions.--In this section:
(1) Appropriate defense committees.--The term ``appropriate
defense committees'' means--
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Covered individuals.--The term ``covered individuals''
means any foreign national (except foreign nationals of
Australia, Canada, New Zealand, and the United Kingdom who
have been granted a security clearance that is reciprocally
accepted by the United States for access to classified
information) who--
(A) is seeking physical access to a Department of Defense
installation or facility within the United States; and
(B)(i) is selected, nominated, or accepted for training or
education for a period of more than 30 days occurring on a
Department of Defense installation or facility within the
United States; or
(ii) is an immediate family member accompanying any foreign
national who has been selected, nominated, or accepted for
such training or education.
(3) Immediate family member.--The term ``immediate family
member'' means--
(A) spouse;
(B) parents and stepparents;
(C) siblings, stepsiblings, and half-siblings; and
(D) children and stepchildren.
(4) United states.--The term ``United States'' means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, and Guam.
(c) Establishment of Vetting Procedures; Monitoring
Requirements for Certain Military Training.--
(1) Establishment of vetting procedures.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish procedures to vet covered individuals for
eligibility for physical access to Department of Defense
installations and facilities within the United States,
including--
(i) biographic and biometric screening of covered
individuals;
(ii) continuous review of whether covered individuals
should continue to be authorized such physical access;
[[Page S6806]]
(iii) biographic checks of the covered individual's
immediate family members; and
(iv) any other measures that the Secretary of Defense
determines appropriate for vetting.
(B) Information required.--The Secretary of Defense shall
identify the information required to conduct the vetting.
(C) Collection of information.--The Secretary of Defense
shall--
(i) collect information to vet individuals under the
procedures established under this subsection; and
(ii) as required for the effective implementation of this
section, shall seek to enter into agreements with the
relevant Federal departments and agencies to facilitate the
sharing of information in the possession of such departments
and agencies concerning the covered individuals.
(2) Determination authority.--
(A) Review.--The results of vetting--
(i) will be reviewed within the Department of Defense by an
organization with an assigned security and
counterintelligence mission; and
(ii) will be the basis for that organization's
recommendation regarding whether physical access should be
authorized by the appropriate authority.
(B) Effect of denial.--If the organization recommends that
a covered individual not be authorized physical access to
Department of Defense installations and facilities within the
United States, such physical access may only be authorized
for such covered individual by the Secretary of Defense or
the Deputy Secretary of Defense.
(C) Notification.--The Secretary of State shall be notified
of any covered individuals who are not authorized physical
access based on the results of the vetting under this
subsection.
(3) Additional security measures.--Beginning on the date
that is 181 days after the date of the enactment of this Act,
the Secretary of Defense shall--
(A) ensure that all Department of Defense Common Access
Cards issued to foreign nationals in the United States--
(i) comply with the credentialing standards issued by the
Office of Personnel Management; and
(ii) include a visual indicator, as required by the
standard developed by the National Institute of Standards and
Technology;
(B) ensure that physical access by covered individuals is
limited, as appropriate, to Department of Defense
installations or facilities within the United States that are
directly associated with their training or education or
necessary to access authorized benefits;
(C) establish a policy regarding the possession of firearms
on Department of Defense property by covered individuals; and
(D) ensure that covered individuals who have been granted
physical access are incorporated into the Department of
Defense Insider Threat Program.
(4) Notification.--The Secretary of Defense shall notify
the appropriate congressional committees of the establishment
of the procedures required under paragraph (1).
(d) Reporting Requirements.--
(1) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
a briefing to the appropriate congressional committees
regarding the establishment of any Department of Defense
policy or guidance related to the implementation of this
section.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Defense shall submit
a report to the appropriate congressional committees
regarding the impact and effects of this section, including--
(A) any positive or negative impacts on the training of
foreign military students;
(B) the effectiveness of the vetting procedures implemented
in preventing harm to United States military personnel or
communities;
(C) how any of the negative impacts have been mitigated;
and
(D) a proposed plan to mitigate any ongoing negative
impacts to the vetting and training of foreign military
students by the Department of Defense.
SEC. 1048. REPORTING OF ADVERSE EVENTS RELATING TO CONSUMER
PRODUCTS ON MILITARY INSTALLATIONS.
(a) In General.--The Secretary of Defense shall ensure that
any adverse event related to a consumer product that occurs
on a military installation is reported on the internet
website saferproducts.gov.
(b) Definitions.--In this section:
(1) Adverse event.--The term ``adverse event'' means--
(A) any event that indicates that a consumer product--
(i) fails to comply with an applicable consumer product
safety rule or with a voluntary consumer product safety
standard upon which the Consumer Product Safety Commission
has relied under section 9 of the Consumer Product Safety Act
(15 U.S.C. 2058);
(ii) fails to comply with any other rule, regulation,
standard, or ban under that Act or any other Act enforced by
the Commission;
(iii) contains a defect which could create a substantial
product hazard described in section 15(a)(2) of the Consumer
Product Safety Act (15 U.S.C. 2064(a)(2)); or
(iv) creates an unreasonable risk of serious injury or
death; or
(B) any other harm described in subsection (b)(1)(A) of
section 6A of the Consumer Product Safety Act (15 U.S.C.
2055a) and required to be reported in the database
established under subsection (a) of that section.
(2) Consumer product.--The term ``consumer product'' has
the meaning given that term in section 3 of the Consumer
Product Safety Act (15 U.S.C. 2052).
SEC. 1049. INCLUSION OF UNITED STATES NAVAL SEA CADET CORPS
AMONG YOUTH AND CHARITABLE ORGANIZATIONS
AUTHORIZED TO RECEIVE ASSISTANCE FROM THE
NATIONAL GUARD.
Section 508(d) of title 32, United States Code, is
amended--
(1) by redesignating paragraph (14) as paragraph (15); and
(2) by inserting after paragraph (13) the following new
paragraph (14):
``(14) The United States Naval Sea Cadet Corps.''.
SEC. 1050. DEPARTMENT OF DEFENSE POLICY FOR THE REGULATION OF
DANGEROUS DOGS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, through
the Veterinary Service Activity of the Department of Defense,
shall establish a standardized policy applicable across all
military communities for the regulation of dangerous dogs
that is--
(1) breed-neutral; and
(2) consistent with advice from professional veterinary and
animal behavior experts in regard to effective regulation of
dangerous dogs.
(b) Regulations.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall prescribe
regulations implementing the policy established under
subsection (a).
(2) Best practices.--The regulations prescribed under
paragraph (1) shall include strategies, for implementation
within all military communities, for the prevention of dog
bites that are consistent with the following best practices:
(A) Enforcement of comprehensive, non-breed-specific
regulations relating to dangerous dogs, with emphasis on
identification of dangerous dog behavior and chronically
irresponsible owners.
(B) Enforcement of animal control regulations, such as
leash laws and stray animal control policies.
(C) Promotion and communication of resources for pet
spaying and neutering.
(D) Investment in community education initiatives, such as
teaching criteria for pet selection, pet care best practices,
owner responsibilities, and safe and appropriate interaction
with dogs.
(c) Military Communities Defined.--In this section, the
term ``military communities'' means--
(1) all installations of the Department; and
(2) all military housing, including privatized military
housing under subchapter IV of chapter 169 of title 10,
United States Code.
SEC. 1051. SENSE OF CONGRESS ON THE BASING OF KC-46A AIRCRAFT
OUTSIDE THE CONTIGUOUS UNITED STATES.
It is the sense of Congress that the Secretary of the Air
Force, as part of the strategic basing process for KC-46A
aircraft at installations outside the contiguous United
States (OCONUS), should--
(1) consider the benefits derived from basing such aircraft
at locations that--
(A) support day-to-day air refueling operations, operations
plans of multiple combatant commands, and flexibility for
contingency operations;
(B) have--
(i) a strategic location that is essential to the defense
of the United States and its interests;
(ii) receivers for boom or probe-and-drogue combat training
opportunities with joint and international partners; and
(iii) sufficient airfield and airspace availability and
capacity to meet requirements;
(C) possess facilities that take full advantage of existing
infrastructure to provide--
(i) runway, hangars, and aircrew and maintenance
operations; and
(ii) sufficient fuel receipt, storage, and distribution for
5-day peacetime operating stock; and
(D) minimize overall construction and operational costs;
(2) prioritize United States responsiveness and flexibility
to continued long-term great power competition and other
major threats, as outlined in the 2017 National Security
Strategy and the 2018 National Defense Strategy; and
(3) take into account the advancement of adversary weapons
systems, with respect to both capacity and range.
SEC. 1052. EFFICIENT USE OF SENSITIVE COMPARTMENTED
INFORMATION FACILITIES.
Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence, in
consultation with the Secretary of Defense, shall issue
revised guidance authorizing and directing Government
agencies and their appropriately cleared contractors to
process, store, use, and discuss sensitive compartmented
information (SCI) at facilities previously approved to handle
such information, without need for further approval by agency
or by site. Such guidance shall apply to controlled access
programs of the intelligence community and to special access
programs of the Department of Defense.
[[Page S6807]]
SEC. 1053. ASSISTANCE FOR FARMER AND RANCHER STRESS AND
MENTAL HEALTH OF INDIVIDUALS IN RURAL AREAS.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of Agriculture.
(b) Findings.--Congress finds that--
(1) according to the Centers for Disease Control and
Prevention, the suicide rate is 45 percent greater in rural
areas of the United States than the suicide rate in urban
areas of the United States;
(2) farmers face social isolation, the potential for
financial losses, barriers to seeking mental health services,
and access to lethal means to commit suicide; and
(3) as commodity prices fall and farmers face uncertainty,
reports of farmer suicides are increasing.
(c) Public Service Announcement Campaign to Address Farm
and Ranch Mental Health.--
(1) In general.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall carry out a
public service announcement campaign to address the mental
health of farmers and ranchers.
(2) Requirements.--The public service announcement campaign
under paragraph (1) shall include television, radio, print,
outdoor, and digital public service announcements.
(3) Contractor.--The Secretary may enter into a contract or
other agreement with a third party to carry out the public
service announcement campaign under paragraph (1).
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $3,000,000, to remain available until expended.
(d) Employee Training Program to Manage Farmer and Rancher
Stress.--
(1) In general.--Subtitle A of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6912 et
seq.) is amended by adding at the end the following:
``SEC. 224B. EMPLOYEE TRAINING PROGRAM TO MANAGE FARMER AND
RANCHER STRESS.
``(a) In General.--The Secretary shall establish a
voluntary program to train employees of the Farm Service
Agency, the Risk Management Agency, and the Natural Resources
Conservation Service in the management of stress experienced
by farmers and ranchers, including the detection of stress
and suicide prevention.
``(b) Requirement.--Not later than 180 days after the date
on which the Secretary submits a report on the results of the
pilot program being carried out by the Secretary as of the
date of enactment of this section to train employees of the
Department in the management of stress experienced by farmers
and ranchers, and based on the recommendations contained in
that report, the Secretary shall develop a training program
to carry out subsection (a).
``(c) Report.--Not less frequently than once every 2 years,
the Secretary shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
describing the implementation of this section.''.
(2) Conforming amendments.--
(A) Subtitle A of the Department of Agriculture
Reorganization Act of 1994 is amended by redesignating
section 225 (7 U.S.C. 6925) as section 224A.
(B) Section 296(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by
adding at the end the following:
``(11) The authority of the Secretary to carry out section
224B.''.
(e) Task Force for Assessment of Causes of Mental Stress
and Best Practices for Response.--
(1) In general.--The Secretary shall convene a task force
of agricultural and rural stakeholders at the national,
State, and local levels--
(A) to assess the causes of mental stress in farmers and
ranchers; and
(B) to identify best practices for responding to that
mental stress.
(2) Submission of report.--Not later than 1 year after the
date of enactment of this Act, the task force convened under
paragraph (1) shall submit to the Secretary a report
containing the assessment and best practices under
subparagraphs (A) and (B), respectively, of that paragraph.
(3) Collaboration.--In carrying out this subsection, the
task force convened under paragraph (1) shall collaborate
with nongovernmental organizations and State and local
agencies.
SEC. 1054. ADDITIONAL CONDITIONS AND LIMITATIONS ON THE
TRANSFER OF DEPARTMENT OF DEFENSE PROPERTY FOR
LAW ENFORCEMENT ACTIVITIES.
(a) Additional Training of Recipient Agency Personnel
Required.--Subsection (b)(6) of section 2576a of title 10,
United States Code, is amended by inserting before the period
at the end the following: ``, including respect for the
rights of citizens under the Constitution of the United
States and de-escalation of force''.
(b) Certain Property Not Transferrable.--Such section is
further amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(d) Property Not Transferrable.--The Secretary may not
transfer to a Tribal, State, or local law enforcement agency
under this section the following:
``(1) Bayonets.
``(2) Grenades (other than stun and flash-bang grenades).
``(3) Weaponized tracked combat vehicles.
``(4) Weaponized drones.''.
Subtitle F--Studies and Reports
SEC. 1061. REPORT ON POTENTIAL IMPROVEMENTS TO CERTAIN
MILITARY EDUCATIONAL INSTITUTIONS OF THE
DEPARTMENT OF DEFENSE.
(a) Report Required.--
(1) In general.--Not later than December 1, 2021, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report setting forth the results of a review and assessment,
obtained by the Secretary for purposes of the report, of the
potential effects on the military education provided by the
educational institutions of the Department of Defense
specified in subsection (b) of the actions described in
subsection (c).
(2) Conducting organization.--The review and assessment
required for purposes of the report shall be performed by an
organization selected by the Secretary from among
organizations independent of the Department that have
expertise in the analysis of matters in connection with
higher education.
(b) Educational Institutions of the Department of
Defense.--The educational institutions of the Department of
Defense specified in this subsection are the following:
(1) The senior level service schools and intermediate level
service schools (as such terms are defined in section 2151(b)
of title 10, United States Code).
(2) The Air Force Institute of Technology.
(3) The National Defense University.
(4) The Joint Special Operations University.
(5) The Army Armament Graduate School.
(6) Any other military educational institution of the
Department specified by the Secretary for purposes of this
section.
(c) Actions.--The actions described in this subsection with
respect to the educational institutions of the Department of
Defense specified in subsection (b) are the following:
(1) Modification of admission and graduation requirements.
(2) Expansion of use of case studies in curricula for
professional military education.
(3) Reduction or expansion of degree-granting authority.
(4) Reduction or expansion of the acceptance of research
grants.
(5) Reduction of the number of attending students
generally.
(6) Modification of military personnel career milestones in
order to prioritize instructor positions.
(7) Increase in educational and performance requirements
for military personnel selected to be instructors.
(8) Expansion of ``visiting'' or ``adjunct'' faculty.
(9) Modification of civilian faculty management practices,
including employment practices.
(10) Reduction of the number of attending students through
the sponsoring of education of an increased number of
students at non-Department of Defense institutions of higher
education.
(11) Modification of enlisted personnel management and
career milestones to increase attendance at non-Department of
Defense institutions of higher education
(d) Additional Elements.--In addition to the matters
described in subsection (a), the review and report under this
section shall also include the following:
(1) A comparison of admission standards and graduation
requirements of the educational institutions of the
Department of Defense specified in subsection (b) with
admission standards and graduation requirements of public and
private institutions of higher education that are comparable
to the educational institutions of the Department of Defense.
(2) A comparison of the goals and missions of the
educational institutions of the Department of Defense
specified in subsection (b) with the goals and missions of
such public and private institutions of higher education.
(3) Any other matters the Secretary considers appropriate
for purposes of this section.
(e) JCS Evaluation of Review and Assessment.--Not later
than 90 days after the date on which the report required by
subsection (a) is submitted to Congress, the Chairman of the
Joint Chiefs of Staff shall, in consultation with the other
members of the Joint Chiefs of Staff, submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth any evaluation by the
Joint Chiefs of Staff of the review and assessment covered by
the report under subsection (a).
SEC. 1062. REPORTS ON STATUS AND MODERNIZATION OF THE NORTH
WARNING SYSTEM.
(a) Report on Status.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the status of the North Warning System.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description and assessment of the status and
operational integrity of the infrastructure of the North
Warning System.
(B) An assessment of the technology currently used by the
North Warning System compared with the technology considered
[[Page S6808]]
necessary by the Commander of the North American Aerospace
Defense Command to detect current and anticipated threats.
(C) An assessment of the infrastructure and ability of the
Alaska Radar System to integrate into the broader North
Warning System.
(D) An assessment of the ability of the North Warning
System to integrate with current and anticipated space-based
sensor platforms.
(b) Report on Plan for Modernization.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth a
plan for the modernization of the capabilities provided by
the current North Warning System.
(2) Elements.--The plan under paragraph (1) shall include
the following:
(A) A detailed timeline for the modernization of the North
Warning System based on the status of the system as reported
pursuant to subsection (a).
(B) The technological advancements necessary for ground-
based North Warning System sites to address current and
anticipated threats (as specified by the Commander of the
North American Aerospace Defense Command).
(C) An assessment of the number of future North Warning
System sites required in order to address current and
anticipated threats (as so specified).
(D) Any new or complementary technologies required to
accomplish the mission of the North Warning System.
(E) The cost and schedule, by year, of the plan.
SEC. 1063. STUDIES ON THE FORCE STRUCTURE FOR MARINE CORPS
AVIATION.
(a) Studies Required.--The Secretary of Defense shall
provide for performance of three studies on the force
structure for Marine Corps aviation through 2030.
(b) Responsibility for Studies.--One of the three studies
performed pursuant to subsection (a) shall be performed by
each of the following:
(1) The Secretary of the Navy, in consultation with the
Commandant of the Marine Corps.
(2) An appropriate Federally funded research and
development center (FFRDC), as selected by the Secretary for
purposes of this section.
(3) An appropriate organization described in section
501(c)(3) of the Internal Revenue Code of 1986 which is
exempt from taxation under section 501(a) of such code, as
selected by the Secretary for purposes of this section.
(c) Performance.--
(1) Independent performance.--Each study performed pursuant
to subsection (a) shall be performed independently of each
other such study,
(2) Matters to be considered.--In performing a study
pursuant to subsection, the officer or entity performing the
study take into account, within the context of the current
force structure for Marine Corps aviation, the following:
(A) The 2018 National Defense Strategy and the 2018
National Military Strategy.
(B) The Marine Corps Force Design 2030.
(C) Potential roles and missions for Marine Corps aviation
given new operating concepts for the Marine Corps.
(D) The potential for increased requirements for survivable
and dispersed strike aircraft.
(E) The potential for increased requirements for tactical
or intratheater lift, amphibious lift, or surface connectors.
(d) Study Results.--The results of each study performed
pursuant to subsection (a) shall include the following:
(1) The various force structures for Marine Corps aviation
through 2030 considered under such study, together with the
assumptions and possible scenarios identified for each such
force structure.
(2) A recommendation for the force structure for Marine
Corps aviation through 2030, including the following in
connection with such force structure:
(A) Numbers and type of aviation assets, numbers and types
of associated unmanned assets, and basic capabilities of each
such asset.
(B) A description and assessment of the deviation of such
force structure from the most recent Marine Corps Aviation
Plan.
(C) Any other information required for assessment of such
force structure, including supporting analysis.
(3) A presentation and discussion of minority views among
participants in such study.
(e) Report.--
(1) In general.--Not later than April 1, 2021, the
Secretary of Defense shall submit to the congressional
defense committees a report setting forth the results of each
study performed pursuant to subsection (a).
(2) Form.--The report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1064. STUDY ON UNEMPLOYMENT RATE OF FEMALE VETERANS WHO
SERVED ON ACTIVE DUTY IN THE ARMED FORCES AFTER
SEPTEMBER 11, 2001.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
in consultation with the Bureau of Labor Statistics of the
Department of Labor, shall conduct a study on why Post-9/11
Veterans who are female are at higher risk of unemployment
than all other groups of female veterans and their non-
veteran counterparts.
(2) Conduct of study.--
(A) In general.--The Secretary shall conduct the study
under paragraph (1) primarily through the Center for Women
Veterans under section 318 of title 38, United States Code.
(B) Consultation.--In carrying out the study conducted
under paragraph (1), the Secretary may consult with--
(i) other Federal agencies, such as the Department of
Defense, the Office of Personnel Management, and the Small
Business Administration;
(ii) foundations; and
(iii) entities in the private sector.
(3) Elements of study.--The study conducted under paragraph
(1) shall include, with respect to Post-9/11 Veterans who are
female, at a minimum, an analysis of the following:
(A) Rank at time of separation from the Armed Forces.
(B) Geographic location upon such separation.
(C) Educational level upon such separation.
(D) The percentage of such veterans who enrolled in an
education or employment training program of the Department of
Veterans Affairs or the Department of Labor after such
separation.
(E) Industries that have employed such veterans.
(F) Military occupational specialties available to such
veterans.
(G) Barriers to employment of such veterans.
(H) Causes to fluctuations in employment of such veterans.
(I) Current employment training programs of the Department
of Veterans Affairs or the Department of Labor that are
available to such veterans.
(J) Economic indicators that impact unemployment of such
veterans.
(K) Health conditions of such veterans that could impact
employment.
(L) Whether there are differences in the analyses conducted
under subparagraphs (A) through (K) based on the race of such
veteran.
(M) The difference between unemployment rates of Post-9/11
Veterans who are female compared to unemployment rates of
Post-9/11 Veterans who are male, including an analysis of
potential causes of such difference.
(b) Report.--
(1) In general.--Not later than 90 days after completing
the study under subsection (a), the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on such study.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The analyses conducted under subsection (a)(3).
(B) A description of the methods used to conduct the study
under subsection (a).
(C) Such other matters relating to the unemployment rates
of Post-9/11 Veterans who are female as the Secretary
considers appropriate.
(c) Post-9/11 Veteran Defined.--In this section, the term
``Post-9/11 Veteran'' means a veteran who served on active
duty in the Armed Forces on or after September 11, 2001.
SEC. 1065. REPORT ON GREAT LAKES AND INLAND WATERWAYS
SEAPORTS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a report to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives containing
the results of the review and an explanation of the
methodology used for the review conducted pursuant to
subsection (b) regarding the screening practices for foreign
cargo arriving at seaports on the Great Lakes and inland
waterways.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, to the maximum extent
possible, but may include a classified annex, if necessary.
(b) Scope of Review.--
(1) Seaport selection.--In selecting seaports on inland
waterways to include in the review under this subsection, the
Secretary of Homeland Security shall ensure that the inland
waterways seaports are--
(A) equal in number to the Great Lakes seaports included in
the review;
(B) comparable to Great Lakes seaports included in the
review, as measured by number of imported shipments arriving
at the seaport each year; and
(C) covered by at least the same number of Field Operations
offices as the Great Lakes seaports included in the review,
but are not covered by the same Field Operations offices as
such Great Lakes seaports.
(2) Elements.--The Secretary of Homeland Security shall
conduct a review of all Great Lakes and selected inland
waterways seaports that receive international cargo--
(A) to determine, for each such seaport--
(i) the current screening capability, including the types
and numbers of screening equipment and whether such equipment
is physically located at a seaport or assigned and available
in the area and made available to use;
(ii) the number of U.S. Customs and Border Protection
personnel assigned from a Field Operations office, broken out
by role;
(iii) the expenditures for procurement and overtime
incurred by U.S. Customs and Border Protection during the
most recent fiscal year;
[[Page S6809]]
(iv) the types of cargo received, such as containerized,
break-bulk, and bulk;
(v) the legal entity that owns the seaport;
(vi) a description of U.S. Customs and Border Protection's
use of space at the seaport, including--
(I) whether U.S. Customs and Border Protection or the
General Services Administration owns or leases any
facilities; and
(II) if U.S. Customs and Border Protection is provided
space at the seaport, a description of such space, including
the number of workstations; and
(vii) the current cost-sharing arrangement for screening
technology or reimbursable services;
(B) to identify, for each Field Operations office--
(i) any ports of entry that are staffed remotely from
service ports;
(ii) the distance of each such service port from the
corresponding ports of entry; and
(iii) the number of officers and the types of equipment
U.S. Customs and Border Protection utilizes to screen cargo
entering or exiting through such ports; and
(C) that includes a threat assessment of incoming
containerized and noncontainerized cargo at Great Lakes
seaports and selected inland waterways seaports.
SEC. 1066. REPORT ON THE CHEMICAL AND BIOLOGICAL DEFENSE
PROGRAM OF THE DEPARTMENT OF DEFENSE.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the Chemical and Biological Defense Program of the Department
of Defense.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the significance of the Chemical and
Biological Defense Program within the 2018 National Defense
Strategy.
(2) A description and assessment of the threats the
Chemical and Biological Defense Program is designed to
address.
(3) An assessment of the capacity of current Chemical and
Biological Defense Program facilities to complete their
missions if funding levels for the Program are reduced.
(4) An estimate of the length of time required to return
the Chemical and Biological Defense Program to its current
capacity if funding levels reduced for the Program as
described in paragraph (3) are restored.
(5) An assessment of the threat posed to members of the
Armed Forces as a result of a reduction in testing of gear
for field readiness by the Chemical and Biological Defense
Program by reason of reduced funding levels for the Program.
(6) A description and assessment of the necessity of Non
Traditional Agent Defense Testing under the Chemical and
Biological Defense Program for Individual Protection Systems,
Collective Protection Systems, field decontamination systems,
and chemical agent detectors.
(c) Form.--The report required by subsection (a) shall be
submitted in classified form, available for review by any
Member of Congress, but shall include an unclassified
summary.
SEC. 1067. REPORT ON ROUND-THE-CLOCK AVAILABILITY OF
CHILDCARE FOR MEMBERS OF THE ARMED FORCES AND
CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE
WHO WORK ROTATING SHIFTS.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting forth the
results of a study, conducted by the Secretary for purposes
of the report, on the feasibility and advisability of making
round-the-clock childcare available for children of members
of the Armed Forces and civilian employees of the Department
of Defense who works on rotating shifts at military
installations.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) The results of the study described in that subsection.
(2) If the Secretary determines that making round-the-clock
childcare available as described in subsection (a) is
feasible and advisable, such matters as the Secretary
considers appropriate in connection with making such
childcare available, including--
(A) an identification of the installations at which such
childcare would be beneficial to members of the Armed Forces,
civilian employees of the Department, or both;
(B) an identification of any barriers to making such
childcare available at the installations identified pursuant
to subparagraph (A);
(C) an assessment whether the childcare needs of members of
the Armed Forces and civilian employees of the Department
described in subsection (a) would be better met by an
increase in assistance for childcare fees;
(D) a description and assessment of the actions, if any,
being taken to make such childcare available at the
installations identified pursuant to subparagraph (A); and
(E) such recommendations for legislative or administrative
action as the Secretary considers appropriate to make such
childcare available at the installations identified pursuant
to subparagraph (A), or at any other military installations.
Subtitle G--Other Matters
SEC. 1081. DEPARTMENT OF DEFENSE STRATEGIC ARCTIC PORTS.
(a) Report.--Not later than March 1, 2021, the Secretary of
Defense shall submit to the congressional defense committees
a report setting forth an updated assessment of the estimated
cost of constructing, maintaining, and operating a strategic
port in the Arctic at each potential site evaluated in the
report pursuant to section 1752(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
The report under this subsection shall include, for each
potential site at which construction of such a port could be
completed by 2030, an estimate of the number of days per year
that such port would be usable by vessels of the Navy and the
Coast Guard.
(b) Designation of Strategic Arctic Ports.--Not later than
90 days after the date on which the report required by
subsection (a) is submitted, the Secretary of Defense may, in
consultation with the Chairman of the Joint Chiefs of Staff,
the Commanding General of the United States Army Corps of
Engineers, the Commandant of the Coast Guard, and the
Administrator of the Maritime Administration, designate one
or more ports as Department of Defense Strategic Arctic Ports
from the sites identified in the report referred to in
subsection (a).
(c) Rule of Construction.--Nothing in this section may be
construed to authorize any additional appropriations for the
Department of Defense for the establishment of any port
designated pursuant to this section.
(d) Arctic Defined.--In this section, the term ``Arctic''
has the meaning given that term in section 112 of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4111).
SEC. 1082. PERSONAL PROTECTIVE EQUIPMENT MATTERS.
(a) Briefings on Fielding of Newest Generations of PPE to
the Armed Forces.--
(1) Briefings required.--Not later than January 31, 2021,
each Secretary of a military department shall submit to
Congress a briefing on the fielding of the newest generations
of personal protective equipment (PPE) to the Armed Forces
under the jurisdiction of such Secretary.
(2) Elements.--Each briefing under paragraph (1) shall
include, for each Armed Force covered by such briefing, the
following:
(A) A description and assessment of the fielding of newest
generations of personal protective equipment to members of
such Armed Force, including the following:
(i) The number (aggregated by total number and by sex) of
members of such Armed Force issued the Army Soldiers
Protective System and the Modular Scalable Vest Generation II
body armor as of December 31, 2020.
(ii) The number (aggregated by total number and by sex) of
members of such Armed Force issued Marine Corps Plate Carrier
Generation III (PC Gen III) body armor as of that date.
(iii) The number (aggregated by total number and by sex) of
members of such Armed Force fitted with legacy personal
protective equipment as of that date.
(B) A description and assessment of the barriers, if any,
to the fielding of such generations of equipment to such
members.
(C) A description and assessment of challenges in the
fielding of such generations of equipment to such members,
including cost overruns, contractor delays, and other
challenges.
(b) System for Tracking Data on Injuries Among Members of
the Armed Forces in Use of Newest Generation PPE.--
(1) System required.--
(A) In general.--The Director of the Defense Health Agency
(DHA) shall develop and maintain a system for tracking data
on injuries among members of the Armed Forces in and during
the use of newest generation personal protective equipment.
(B) Scope of system.--The system required by this paragraph
may, at the election of the Director, be new for purposes of
this subsection or within or a modification of an appropriate
existing system (such as the Defense Occupational And
Environmental Health Readiness System (DOEHRS)).
(2) Briefing.--Not later than January 31, 2025, the
Director shall submit to Congress a briefing on the
prevalence among members of the Armed Forces of preventable
injuries attributable to ill-fitting or malfunctioning
personal protective equipment.
(c) Assessments of Members of the Armed Forces of Injuries
Incurred in Connection With Ill-fitting or Malfunctioning
PPE.--
(1) In general.--Each health assessment specified in
paragraph (2) that is undertaken after the date of the
enactment of this Act shall include the following:
(A) One or more questions on whether members incurred an
injury in connection with ill-fitting or malfunctioning
personal protective equipment during the period covered by
such assessment, including the nature of such injury.
(B) In the case members who have so incurred such an
injury, one or more elements of self-evaluation of such
injury by such members for purposes of facilitating timely
documentation and enhanced monitoring of such members and
injuries.
(2) Assessments.--The health assessments specified in this
paragraph are the following:
(A) The annual Periodic Health Assessment (PHA) of members
of the Armed Forces.
(B) The post-deployment health assessment of members of the
Armed Forces.
[[Page S6810]]
SEC. 1083. ESTIMATE OF DAMAGES FROM FEDERAL COMMUNICATIONS
COMMISSION ORDER 20-48.
(a) Limitation, Estimate, and Certification.--None of the
funds authorized to be appropriated by this Act for fiscal
year 2021 may be used by the Secretary of Defense to comply
with the Order and Authorization adopted by the Federal
Communications Commission on April 19, 2020 (FCC 20-48) until
the Secretary--
(1) submits to the congressional defense committees an
estimate of the extent of covered costs and the range of
eligible reimbursable costs associated with interference
resulting from such order and authorization to the Global
Positioning System of the Department of Defense; and
(2) certifies to the congressional defense committees that
the estimate submitted under paragraph (1) is accurate with a
high degree of certainty.
(b) Covered Costs.--For purposes of this section, covered
costs include costs that would be incurred--
(1) to upgrade, repair, or replace potentially affected
receivers of the Federal Government;
(2) to modify, repair, or replace equipment, spares,
associated ancillary equipment, software, facilities,
operating manuals, training, or compliance with regulations,
including with regard to the underlying platform or system in
which a capability of the Global Positioning System is
embedded; and
(3) for personnel of the Department to engineer, validate,
and verify that any required remediation provides the
Department with the same operational capability for the
affected system prior to terrestrial operation in the 1525 to
1559 megahertz or 1626.5 to 1660.5 megahertz bands of
electromagnetic spectrum.
(c) Range of Eligible Reimbursable Costs.--For purposes of
this section, the range of eligible reimbursable costs
includes--
(1) costs associated with engineering, equipment, software,
site acquisition, and construction;
(2) any transaction expense that the Secretary determines
is legitimate and prudent;
(3) costs relating to term-limited Federal civil servant
and contractor staff; and
(4) the costs of research, engineering studies, or other
expenses the Secretary determines reasonably incurred.
SEC. 1084. MODERNIZATION EFFORT.
(a) Definitions.--In this section--
(1) the term ``Assistant Secretary'' means the Assistant
Secretary of Commerce for Communications and Information;
(2) the term ``covered agency''--
(A) means any Federal entity that the Assistant Secretary
determines is appropriate; and
(B) includes the Department of Defense;
(3) the term ``Federal entity'' has the meaning given the
term in section 113(l) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
923(l));
(4) the term ``Federal spectrum'' means frequencies
assigned on a primary basis to a covered agency;
(5) the term ``infrastructure'' means information
technology systems and information technologies, tools, and
databases; and
(6) the term ``NTIA'' means the National Telecommunications
and Information Administration.
(b) Initial Interagency Spectrum Information Technology
Coordination.--Not later than 90 days after the date of
enactment of this Act, the Assistant Secretary, in
consultation with the Policy and Plans Steering Group, shall
identify a process to establish goals, including parameters
to measure the achievement of those goals, for the
modernization of the infrastructure of covered agencies
relating to managing the use of Federal spectrum by those
agencies, which shall include--
(1) the standardization of data inputs, modeling
algorithms, modeling and simulation processes, analysis tools
with respect to Federal spectrum, assumptions, and any other
tool to ensure interoperability and functionality with
respect to that infrastructure;
(2) other potential innovative technological capabilities
with respect to that infrastructure, including cloud-based
databases, artificial intelligence technologies, automation,
and improved modeling and simulation capabilities;
(3) ways to improve the management of covered agencies' use
of Federal spectrum through that infrastructure, including
by--
(A) increasing the efficiency of that infrastructure;
(B) addressing validation of usage with respect to that
infrastructure;
(C) increasing the accuracy of that infrastructure;
(D) validating models used by that infrastructure; and
(E) monitoring and enforcing requirements that are imposed
on covered agencies with respect to the use of Federal
spectrum by covered agencies;
(4) ways to improve the ability of covered agencies to meet
mission requirements in congested environments with respect
to Federal spectrum, including as part of automated
adjustments to operations based on changing conditions in
those environments;
(5) the creation of a time-based automated mechanism--
(A) to share Federal spectrum between covered agencies to
collaboratively and dynamically increase access to Federal
spectrum by those agencies; and
(B) that could be scaled across Federal spectrum; and
(6) the collaboration between covered agencies necessary to
ensure the interoperability of Federal spectrum.
(c) Spectrum Information Technology Modernization.--
(1) In general.--Not later than 240 days after the date of
enactment of this Act, the Assistant Secretary shall submit
to Congress a report that contains the plan of the NTIA to
modernize and automate the infrastructure of the NTIA
relating to managing the use of Federal spectrum by covered
agencies so as to more efficiently manage that use.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) an assessment of the current, as of the date on which
the report is submitted, infrastructure of the NTIA described
in that paragraph;
(B) an acquisition strategy for the modernized
infrastructure of the NTIA described in that paragraph,
including how that modernized infrastructure will enable
covered agencies to be more efficient and effective in the
use of Federal spectrum;
(C) a timeline for the implementation of the modernization
efforts described in that paragraph;
(D) plans detailing how the modernized infrastructure of
the NTIA described in that paragraph will--
(i) enhance the security and reliability of that
infrastructure so that such infrastructure satisfies the
requirements of subchapter II of chapter 35 of title 44,
United States Code;
(ii) improve data models and analysis tools to increase the
efficiency of the spectrum use described in that paragraph;
(iii) enhance automation and workflows, and reduce the
scope and level of manual effort, in order to--
(I) administer the management of the spectrum use described
in that paragraph; and
(II) improve data quality and processing time; and
(iv) improve the timeliness of spectrum analyses and
requests for information, including requests submitted
pursuant to section 552 of title 5, United States Code;
(E) an operations and maintenance plan with respect to the
modernized infrastructure of the NTIA described in that
paragraph;
(F) a strategy for coordination between the covered
agencies within the Policy and Plans Steering Group, which
shall include--
(i) a description of--
(I) those coordination efforts, as in effect on the date on
which the report is submitted; and
(II) a plan for coordination of those efforts after the
date on which the report is submitted, including with respect
to the efforts described in subsection (d);
(ii) a plan for standardizing--
(I) electromagnetic spectrum analysis tools;
(II) modeling and simulation processes and technologies;
and
(III) databases to provide technical interference
assessments that are usable across the Federal Government as
part of a common spectrum management infrastructure for
covered agencies;
(iii) a plan for each covered agency to implement a
modernization plan described in subsection (d)(1) that is
tailored to the particular timeline of the agency;
(G) identification of manually intensive processes involved
in managing Federal spectrum and proposed enhancements to
those processes;
(H) metrics to evaluate the success of the modernization
efforts described in that paragraph and any similar future
efforts; and
(I) an estimate of the cost of the modernization efforts
described in that paragraph and any future maintenance with
respect to the modernized infrastructure of the NTIA
described in that paragraph, including the cost of any
personnel and equipment relating to that maintenance.
(d) Interagency Inputs.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the head of each covered agency shall
submit to the Assistant Secretary and the Policy and Plans
Steering Group a report that describes the plan of the agency
to modernize the infrastructure of the agency with respect to
the use of Federal spectrum by the agency so that such
modernized infrastructure of the agency is interoperable with
the modernized infrastructure of the NTIA, as described in
subsection (c).
(2) Contents.--Each report submitted by the head of a
covered agency under paragraph (1) shall--
(A) include--
(i) an assessment of the current, as of the date on which
the report is submitted, management capabilities of the
agency with respect to the use of frequencies that are
assigned to the agency, which shall include a description of
any challenges faced by the agency with respect to that
management;
(ii) a timeline for completion of the modernization efforts
described in that paragraph; and
(iii) a description of potential innovative technological
capabilities for the management of frequencies that are
assigned to the agency, as determined under subsection (b);
(iv) identification of agency-specific requirements or
constraints relating to the infrastructure of the agency;
[[Page S6811]]
(v) identification of any existing, as of the date on which
the report is submitted, systems of the agency that are
duplicative of the modernized infrastructure of the NTIA, as
proposed under subsection (c); and
(vi) with respect to the report submitted by the Secretary
of Defense--
(I) a strategy for the integration of systems or the flow
of data among the Armed Forces, the military departments, the
Defense Agencies and Department of Defense Field Activities,
and other components of the Department of Defense;
(II) a plan for the implementation of solutions to the use
of Federal spectrum by the Department of Defense involving
information at multiple levels of classification; and
(III) a strategy for addressing, within the modernized
infrastructure of the Department of Defense described in that
paragraph, the exchange of information between the Department
of Defense and the NTIA in order to accomplish required
processing of all Department of Defense domestic spectrum
coordination and management activities; and
(B) be submitted in an unclassified format, with a
classified annex, as appropriate.
(3) Notification of congress.--Upon submission of the
report required under paragraph (1), the head of each covered
agency shall notify Congress that the head of the covered
agency has submitted the report.
(e) GAO Oversight.--The Comptroller General of the United
States shall--
(1) not later than 90 days after the date of enactment of
this Act, conduct a review of the infrastructure of covered
agencies, as that infrastructure exists on the date of
enactment of this Act;
(2) after all of the reports required under subsection (d)
have been submitted, conduct oversight of the implementation
of the modernization plans submitted by the NTIA and covered
agencies under subsections (c) and (d), respectively;
(3) not later than 1 year after the date on which the
Comptroller General begins conducting oversight under
paragraph (2), and annually thereafter, submit a report
regarding that oversight to--
(A) with respect to the implementation of the modernization
plan of the Department of Defense, the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives; and
(B) with respect to the implementation of the modernization
plans of all covered agencies, including the Department of
Defense, the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives; and
(4) provide regular briefings to--
(A) with respect to the application of this section to the
Department of Defense, the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives; and
(B) with respect to the application of this section to all
covered agencies, including the Department of Defense, the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House
of Representatives.
SEC. 1085. SENSE OF SENATE ON GOLD STAR FAMILIES REMEMBRANCE
WEEK.
(a) Findings.--The Senate makes the following findings:
(1) The last Sunday in September--
(A) is designated as ``Gold Star Mother's Day'' under
section 111 of title 36, United States Code; and
(B) was first designated as ``Gold Star Mother's Day''
under the Joint Resolution entitled ``Joint Resolution
designating the last Sunday in September as `Gold Star
Mother's Day', and for other purposes'', approved June 23,
1936 (49 Stat. 1895).
(2) There is no date dedicated to families affected by the
loss of a loved one who died in service to the United States.
(3) A gold star symbolizes a family member who died in the
line of duty while serving in the Armed Forces.
(4) The members and veterans of the Armed Forces, through
their service, bear the burden of protecting the freedom of
the people of the United States.
(5) The selfless example of the service of the members and
veterans of the Armed Forces, as well as the sacrifices made
by the families of those individuals, inspires all
individuals in the United States to sacrifice and work
diligently for the good of the United States.
(6) The sacrifices of the families of the fallen members of
the Armed Forces and the families of veterans of the Armed
Forces should never be forgotten.
(b) Sense of the Senate.--It is the sense of the Senate
that the Senate--
(1) designates the week of September 20 through September
26, 2020, as ``Gold Star Families Remembrance Week'';
(2) honors and recognizes the sacrifices made by--
(A) the families of members of the Armed Forces who made
the ultimate sacrifice in order to defend freedom and protect
the United States; and
(B) the families of veterans of the Armed Forces; and
(3) encourages the people of the United States to observe
Gold Star Families Remembrance Week by--
(A) performing acts of service and good will in their
communities; and
(B) celebrating families in which loved ones made the
ultimate sacrifice so that others could continue to enjoy
life, liberty, and the pursuit of happiness.
SEC. 1086. CONTINUITY OF THE ECONOMY PLAN.
(a) Requirement.--
(1) In general.--The President shall develop and maintain a
plan to maintain and restore the economy of the United States
in response to a significant event.
(2) Principles.--The plan required under paragraph (1)
shall--
(A) be consistent with--
(i) a free market economy; and
(ii) the rule of law; and
(B) respect private property rights.
(3) Contents.--The plan required under paragraph (1)
shall--
(A) examine the distribution of goods and services across
the United States necessary for the reliable functioning of
the United States during a significant event;
(B) identify the economic functions of relevant actors, the
disruption, corruption, or dysfunction of which would have a
debilitating effect in the United States on--
(i) security;
(ii) economic security;
(iii) defense readiness; or
(iv) public health or safety;
(C) identify the critical distribution mechanisms for each
economic sector that should be prioritized for operation
during a significant event, including--
(i) bulk power and electric transmission systems;
(ii) national and international financial systems,
including wholesale payments, stocks, and currency exchanges;
(iii) national and international communications networks,
data-hosting services, and cloud services;
(iv) interstate oil and natural gas pipelines; and
(v) mechanisms for the interstate and international trade
and distribution of materials, food, and medical supplies,
including road, rail, air, and maritime shipping;
(D) identify economic functions of relevant actors, the
disruption, corruption, or dysfunction of which would cause--
(i) catastrophic economic loss;
(ii) the loss of public confidence; or
(iii) the widespread imperilment of human life;
(E) identify the economic functions of relevant actors that
are so vital to the economy of the United States that the
disruption, corruption, or dysfunction of those economic
functions would undermine response, recovery, or mobilization
efforts during a significant event;
(F) incorporate, to the greatest extent practicable, the
principles and practices contained within Federal plans for
the continuity of Government and continuity of operations;
(G) identify--
(i) industrial control networks on which the interests of
national security outweigh the benefits of dependence on
internet connectivity, including networks that are required
to maintain defense readiness; and
(ii) for each industrial control network described in
clause (i), the most feasible and optimal locations for the
installation of--
(I) parallel services;
(II) stand-alone analog services; and
(III) services that are otherwise hardened against failure;
(H) identify critical economic sectors for which the
preservation of data in a protected, verified, and
uncorrupted status would be required for the quick recovery
of the economy of the United States in the face of a
significant disruption following a significant event;
(I) include a list of raw materials, industrial goods, and
other items, the absence of which would significantly
undermine the ability of the United States to sustain the
functions described in subparagraphs (B), (D), and (E);
(J) provide an analysis of supply chain diversification for
the items described in subparagraph (I) in the event of a
disruption caused by a significant event;
(K) include--
(i) a recommendation as to whether the United States should
maintain a strategic reserve of 1 or more of the items
described in subparagraph (I); and
(ii) for each item described in subparagraph (I) for which
the President recommends maintaining a strategic reserve
under clause (i), an identification of mechanisms for
tracking inventory and availability of the item in the
strategic reserve;
(L) identify mechanisms in existence on the date of
enactment of this Act and mechanisms that can be developed to
ensure that the swift transport and delivery of the items
described in subparagraph (I) is feasible in the event of a
distribution network disturbance or degradation, including a
distribution network disturbance or degradation caused by a
significant event;
(M) include guidance for determining the prioritization for
the distribution of the items described in subparagraph (I),
including distribution to States and Indian Tribes;
(N) consider the advisability and feasibility of mechanisms
for extending the credit of the United States or providing
other financial support authorized by law to key participants
in the economy of the United States if the extension or
provision of other financial support--
(i) is necessary to avoid severe economic degradation; or
(ii) allows for the recovery from a significant event;
(O) include guidance for determining categories of
employees that should be
[[Page S6812]]
prioritized to continue to work in order to sustain the
functions described in subparagraphs (B), (D), and (E) in the
event that there are limitations on the ability of
individuals to travel to workplaces or to work remotely,
including considerations for defense readiness;
(P) identify critical economic sectors necessary to provide
material and operational support to the defense of the United
States;
(Q) determine whether the Secretary of Homeland Security,
the National Guard, and the Secretary of Defense have
adequate authority to assist the United States in a recovery
from a severe economic degradation caused by a significant
event;
(R) review and assess the authority and capability of heads
of other agencies that the President determines necessary to
assist the United States in a recovery from a severe economic
degradation caused by a significant event; and
(S) consider any other matter that would aid in protecting
and increasing the resilience of the economy of the United
States from a significant event.
(b) Coordination.--In developing the plan required under
subsection (a)(1), the President shall--
(1) receive advice from--
(A) the Secretary of Homeland Security;
(B) the Secretary of Defense;
(C) the Secretary of the Treasury;
(D) the Secretary of Health and Human Services;
(E) the Secretary of Commerce;
(F) the Secretary of Transportation;
(G) the Secretary of Energy;
(H) the Administrator of the Small Business Administration;
and
(I) the head of any other agency that the President
determines necessary to complete the plan;
(2) consult with economic sectors relating to critical
infrastructure through sector-coordinated councils, as
appropriate;
(3) consult with relevant State, Tribal, and local
governments and organizations that represent those
governments; and
(4) consult with any other non-Federal entity that the
President determines necessary to complete the plan.
(c) Submission to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and not less frequently than every 3
years thereafter, the President shall submit the plan
required under subsection (a)(1) and the information
described in paragraph (2) to--
(A) the majority and minority leaders of the Senate;
(B) the Speaker and the minority leader of the House of
Representatives;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Armed Services of the House of
Representatives;
(E) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(F) the Committee on Homeland Security of the House of
Representatives;
(G) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(H) the Committee on Commerce, Science, and Transportation
of the Senate;
(I) the Committee on Energy and Commerce of the House of
Representatives;
(J) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(K) the Committee on Finance of the Senate;
(L) the Committee on Financial Services of the House of
Representatives;
(M) the Committee on Small Business and Entrepreneurship of
the Senate;
(N) the Committee on Small Business of the House of
Representatives;
(O) the Committee on Energy and Natural Resources of the
Senate;
(P) the Committee on Environment and Public Works of the
Senate; and
(Q) any other committee of the Senate or the House of
Representatives that has jurisdiction over the subject of the
plan.
(2) Additional information.--The information described in
this paragraph is--
(A) any change to Federal law that would be necessary to
carry out the plan required under subsection (a)(1); and
(B) any proposed changes to the funding levels provided in
appropriation Acts for the most recent fiscal year that can
be implemented in future appropriation Acts or additional
resources necessary to--
(i) implement the plan required under subsection (a)(1); or
(ii) maintain any program offices and personnel necessary
to--
(I) maintain the plan required under subsection (a)(1) and
the plans described in subsection (a)(3)(F); and
(II) conduct exercises, assessments, and updates to the
plans described in subclause (I) over time.
(3) Budget of the president.--The President may include the
information described in paragraph (2)(B) in the budget
required to be submitted by the President under section
1105(a) of title 31, United States Code.
(d) Definitions.--In this section:
(1) The term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code.
(2) The term ``economic sector'' means a sector of the
economy of the United States.
(3) The term ``relevant actor'' means--
(A) the Federal government;
(B) a State, local, or Tribal government; or
(C) the private sector.
(4) The term ``significant event'' means an event that
causes severe degradation to economic activity in the United
States due to--
(A) a cyber attack; or
(B) another significant event that is natural or human-
caused.
(5) The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any
possession of the United States.
SEC. 1087. IMPROVING THE AUTHORITY FOR OPERATIONS OF UNMANNED
AIRCRAFT FOR EDUCATIONAL PURPOSES.
Section 350 of the FAA Reauthorization Act of 2018 (Public
Law 115-254; 49 U.S.C 44809 note) is amended
(1) in the section heading, by striking ``at institutions
of higher education'' and inserting ``for educational
purposes''; and
(2) in subsection (a)--
(A) by striking ``aircraft system operated by'' and
inserting the following: ``aircraft system--
``(1) operated by'';
(B) in paragraph (1), as added by subparagraph (A), by
striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(2) flown as part of the established curriculum of an
elementary school or secondary school (as such terms are
defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801));
``(3) flown as part of an established Junior Reserve
Officers' Training Corps (JROTC) program; or
``(4) flown as part of an educational program that is
chartered by a recognized community-based organization (as
defined in subsection (h) of such section).''.
SEC. 1088. REQUIREMENT TO POST A 100 WORD SUMMARY TO
REGULATIONS.GOV.
Section 553(b) of title 5, United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (3) the following:
``(4) the Internet address of a summary of not more than
100 words in length of the proposed rule, in plain language,
that shall be posted on the Internet website under section
206(d) of the E-Government Act of 2002 (44 U.S.C. 3501 note)
(commonly known as regulations.gov).''.
SEC. 1089. MODIFICATION OF LICENSURE REQUIREMENTS FOR HEALTH
CARE PROFESSIONALS PROVIDING TREATMENT VIA
TELEMEDICINE.
Section 1730C(b) of title 38, United States Code, is
amended to read as follows:
``(b) Covered Health Care Professionals.--For purposes of
this section, a covered health care professional is any of
the following individuals:
``(1) A health care professional who--
``(A) is an employee of the Department appointed under
section 7306, 7401, 7405, 7406, or 7408 of this title or
title 5;
``(B) is authorized by the Secretary to provide health care
under this chapter;
``(C) is required to adhere to all standards for quality
relating to the provision of health care in accordance with
applicable policies of the Department; and
``(D)(i) has an active, current, full, and unrestricted
license, registration, or certification in a State to
practice the health care profession of the health care
professional; or
``(ii) with respect to a health care profession listed
under section 7402(b) of this title, has the qualifications
for such profession as set forth by the Secretary.
``(2) A postgraduate health care employee who--
``(A) is appointed under section 7401(1), 7401(3), or 7405
of this title or title 5 for any category of personnel
described in paragraph (1) or (3) of section 7401 of this
title;
``(B) must obtain an active, current, full, and
unrestricted license, registration, or certification or meet
qualification standards set forth by the Secretary within a
specified time frame; and
``(C) is under the clinical supervision of a health care
professional described in paragraph (1); or
``(3) A health professions trainee who--
``(A) is appointed under section 7405 or 7406 of this
title; and
``(B) is under the clinical supervision of a health care
professional described in paragraph (1).''.
SEC. 1090. RESTRICTIONS ON CONFUCIUS INSTITUTES.
(a) Definition.--In this section, the term ``Confucius
Institute'' means a cultural institute directly or indirectly
funded by the Government of the People's Republic of China.
(b) Restrictions on Confucius Institutes.--An institution
of higher education or other postsecondary educational
institution (referred to in this section as an
``institution'') shall not be eligible to receive Federal
funds from the Department of Education (except funds under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.) or other Department of Education funds that are
provided directly to students) unless the institution ensures
that any contract or agreement between the institution and a
Confucius Institute includes clear provisions that--
(1) protect academic freedom at the institution;
[[Page S6813]]
(2) prohibit the application of any foreign law on any
campus of the institution; and
(3) grant full managerial authority of the Confucius
Institute to the institution, including full control over
what is being taught, the activities carried out, the
research grants that are made, and who is employed at the
Confucius Institute.
SEC. 1090A. ADDITIONAL CARE FOR NEWBORN CHILDREN OF VETERANS.
Section 1786 of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary'' and
inserting ``Except as provided in subsection (c), the
Secretary''; and
(2) by adding at the end the following new subsection:
``(c) Exception Based on Medical Necessity.--Pursuant to
such regulations as the Secretary shall prescribe to carry
out this section, the Secretary may furnish more than seven
days of health care services described in subsection (b), and
may furnish transportation necessary to receive such
services, to a newborn child based on medical necessity if
the child is in need of additional care, including if the
child has been discharged or released from a hospital and
requires readmittance to ensure the health and welfare of the
child.''.
SEC. 1090B. ADDITIONAL DISEASES ASSOCIATED WITH EXPOSURE TO
CERTAIN HERBICIDE AGENTS FOR WHICH THERE IS A
PRESUMPTION OF SERVICE CONNECTION FOR VETERANS
WHO SERVED IN THE REPUBLIC OF VIETNAM.
Section 1116(a)(2) of title 38, United States Code, is
amended by adding at the end the following new subparagraphs:
``(I) Parkinsonism.
``(J) Bladder cancer.
``(K) Hypothyroidism.''.
Subtitle H--Wireless Supply Chain Innovation and Multilateral Security
SEC. 1091. DEFINITIONS.
In this subtitle:
(1) 3GPP.--The term ``3GPP'' means the Third Generation
Partnership Project.
(2) 5G network.--The term ``5G network'' means a radio
network as described by 3GPP Release 15 or higher.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) NTIA administrator.--The term ``NTIA Administrator''
means the Assistant Secretary of Commerce for Communications
and Information.
(5) Open-RAN.--The term ``Open-RAN'' means the Open Radio
Access Network approach to standardization adopted by the O-
RAN Alliance, Telecom Infra Project, or 3GPP, or any similar
set of open standards for multi-vendor network equipment
interoperability.
(6) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Select Committee on Intelligence of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on Commerce, Science, and Transportation
of the Senate;
(F) the Committee on Appropriations of the Senate;
(G) the Permanent Select Committee on Intelligence of the
House of Representatives;
(H) the Committee on Foreign Affairs of the House of
Representatives;
(I) the Committee on Homeland Security of the House of
Representatives;
(J) the Committee on Armed Services of the House of
Representatives;
(K) the Committee on Energy and Commerce of the House of
Representatives; and
(L) the Committee on Appropriations of the House of
Representatives.
SEC. 1092. COMMUNICATIONS TECHNOLOGY SECURITY FUNDS.
(a) Use of Digital Television Transition and Public Safety
Fund.--As soon as practicable after the date of enactment of
this Act, the Commission shall transfer from the Digital
Television Transition and Public Safety Fund established
under section 309(j)(8)(E) of the Communications Act of 1934
(47 U.S.C. 309(j)(8)(E))--
(1) $50,000,000 to the Public Wireless Supply Chain
Innovation Fund established under subsection (b) of this
section; and
(2) $25,000,000 to the Multilateral Telecommunications
Security Fund established under subsection (c) of this
section.
(b) Public Wireless Supply Chain Innovation Fund.--
(1) Establishment.--
(A) In general.--There is established in the Treasury of
the United States a trust fund to be known as the ``Public
Wireless Supply Chain Innovation Fund'' (referred to in this
subsection as the ``R&D Fund'').
(B) Availability.--
(i) In general.--Amounts deposited in the R&D Fund shall
remain available through the end of the tenth fiscal year
beginning after the date of enactment of this Act.
(ii) Remainder to treasury.--Any amounts remaining in the
R&D Fund after the end of the tenth fiscal year beginning
after the date of enactment of this Act shall be deposited in
the general fund of the Treasury.
(2) Use of fund.--
(A) In general.--Amounts deposited in the R&D Fund shall be
available to the NTIA Administrator to make grants under this
subsection in such amounts as the NTIA Administrator
determines appropriate, subject to subparagraph (B) of this
subparagraph.
(B) Limitation on grant amounts.--The amount of a grant
awarded under this subsection to a recipient for a specific
research focus area may not exceed $50,000,000.
(3) Administration of fund.--The NTIA Administrator, in
consultation with the Commission, the Director of the
National Institute of Standards and Technology, the Secretary
of Homeland Security, the Secretary of Defense, and the
Director of the Intelligence Advanced Research Projects
Activity of the Office of the Director of National
Intelligence, shall establish criteria for grants awarded
under this subsection, and administer the R&D Fund, to
support research and the commercial application of that
research, including in the following areas:
(A) Promoting the development of technology, including
software, hardware, and microprocessing technology, that will
enhance competitiveness in the fifth-generation (commonly
known as ``5G'') and successor wireless technology supply
chains.
(B) Accelerating development and deployment of open
interface standards-based compatible, interoperable
equipment, such as equipment developed pursuant to the
standards set forth by organizations such as the O-RAN
Alliance, the Telecom Infra Project, 3GPP, the Open-RAN
Software Community, or any successor organizations.
(C) Promoting compatibility of new 5G equipment with future
open standards-based, interoperable equipment.
(D) Managing integration of multi-vendor network
environments.
(E) Objective criteria to define equipment as compliant
with open standards for multi-vendor network equipment
interoperability.
(F) Promoting development and inclusion of security
features enhancing the integrity and availability of
equipment in multi-vendor networks.
(G) Promoting the application of network function
virtualization to facilitate multi-vendor interoperability
and a more diverse vendor market.
(4) Nonduplication of research.--To the greatest extent
practicable, the NTIA Administrator shall ensure that any
research funded by a grant awarded under this subsection
avoids duplication of other Federal or private sector
research.
(5) Timing.--Not later than 1 year after the date of
enactment of this Act, the NTIA Administrator shall begin
awarding grants under this subsection.
(6) Federal advisory body.--
(A) Establishment.--The NTIA Administrator shall establish
a Federal advisory committee, in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.), composed of
government and private sector experts, to advise the NTIA
Administrator on the administration of the R&D Fund.
(B) Composition.--The advisory committee established under
subparagraph (A) shall be composed of--
(i) representatives from--
(I) the Commission;
(II) the Department of Defense;
(III) the Intelligence Advanced Research Projects Activity
of the Office of the Director of National Intelligence;
(IV) the National Institute of Standards and Technology;
(V) the Department of State;
(VI) the National Science Foundation; and
(VII) the Department of Homeland Security; and
(ii) other representatives from the private and public
sectors, at the discretion of the NTIA Administrator.
(C) Duties.--The advisory committee established under
subparagraph (A) shall advise the NTIA Administrator on
technology developments to help inform--
(i) the strategic direction of the R&D Fund; and
(ii) efforts of the Federal Government to promote a more
secure, diverse, sustainable, and competitive supply chain.
(7) Reports to congress.--
(A) Initial report.--Not later than 180 days after the date
of enactment of this Act, the NTIA Administrator shall submit
to the relevant committees of Congress a report with--
(i) additional recommendations on promoting the
competitiveness and sustainability of trusted suppliers in
the wireless supply chain; and
(ii) any additional authorities needed to facilitate the
timely adoption of open standards-based equipment, including
authority to provide loans, loan guarantees, and other forms
of credit extension that would maximize the use of designated
funds.
(B) Annual report.--For each fiscal year for which amounts
in the R&D Fund are available under this subsection, the NTIA
Administrator shall submit to Congress a report that--
(i) describes how, and to whom, amounts in the R&D Fund
have been deployed;
(ii) details the progress of the NTIA Administrator in
meeting the objectives described in paragraph (3); and
(iii) includes any additional information that the NTIA
Administrator determines appropriate.
(c) Multilateral Telecommunications Security Fund.--
(1) Establishment of fund.--
(A) In general.--There is established in the Treasury of
the United States a trust
[[Page S6814]]
fund to be known as the ``Multilateral Telecommunications
Security Fund''.
(B) Use of fund.--Amounts deposited in the Multilateral
Telecommunications Security Fund shall be available to the
Secretary of State to make expenditures under this subsection
in such amounts as the Secretary of State determines
appropriate.
(C) Availability.--
(i) In general.--Amounts deposited in the Multilateral
Telecommunications Security Fund--
(I) shall remain available through the end of the tenth
fiscal year beginning after the date of enactment of this
Act; and
(II) may only be allocated upon the Secretary of State
reaching an agreement with foreign government partners to
participate in the common funding mechanism described in
paragraph (2).
(ii) Remainder to treasury.--Any amounts remaining in the
Multilateral Telecommunications Security Fund after the end
of the tenth fiscal year beginning after the date of
enactment of this Act shall be deposited in the general fund
of the Treasury.
(2) Administration of fund.--The Secretary of State, in
consultation with the NTIA Administrator, the Secretary of
Homeland Security, the Secretary of Defense, the Secretary of
the Treasury, the Director of National Intelligence, and the
Commission, shall establish a common funding mechanism, in
coordination with foreign partners, that uses amounts from
the Multilateral Telecommunications Security Fund to support
the development and adoption of secure and trusted
telecommunications technologies.
(3) Annual report to congress.--Not later than 1 year after
the date of enactment of this Act, and annually thereafter
for each fiscal year during which amounts in the Multilateral
Telecommunications Security Fund are available, the Secretary
of State shall submit to the relevant committees of Congress
a report on the status and progress of the funding mechanism
established under paragraph (2), including--
(A) any funding commitments from foreign partners,
including each specific amount committed;
(B) governing criteria for use of the Multilateral
Telecommunications Security Fund;
(C) an account of--
(i) how, and to whom, funds have been deployed;
(ii) amounts remaining in the Multilateral
Telecommunications Security Fund; and
(iii) the progress of the Secretary of State in meeting the
objective described in paragraph (2); and
(D) additional authorities needed to enhance the
effectiveness of the Multilateral Telecommunications Security
Fund in achieving the security goals of the United States.
SEC. 1093. PROMOTING UNITED STATES LEADERSHIP IN
INTERNATIONAL ORGANIZATIONS AND COMMUNICATIONS
STANDARDS-SETTING BODIES.
(a) In General.--The Secretary of State, the Secretary of
Commerce, and the Chairman of the Commission, or their
designees, shall consider how to enhance representation of
the United States at international forums that set standards
for 5G networks and for future generations of wireless
communications networks, including--
(1) the International Telecommunication Union (commonly
known as ``ITU'');
(2) the International Organization for Standardization
(commonly known as ``ISO'');
(3) the Inter-American Telecommunications Commission
(commonly known as ``CITEL''); and
(4) the voluntary standards organizations that develop
protocols for wireless devices and other equipment, such as
the 3GPP and the Institute of Electrical and Electronics
Engineers (commonly known as ``IEEE'').
(b) Annual Report.--The Secretary of State, the Secretary
of Commerce, and the Chairman of the Commission shall jointly
submit to the relevant committees of Congress an annual
report on the progress made under subsection (a).
Subtitle I--Semiconductor Manufacturing Incentives
SEC. 1094. SEMICONDUCTOR INCENTIVE GRANTS.
(a) Definitions.--In this section--
(1) the term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the Committee on
Commerce, Science, and Transportation, the Committee on
Foreign Relations, the Committee on Armed Services, the
Committee on Appropriations, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
(B) the Permanent Select Committee on Intelligence, the
Committee on Energy and Commerce, the Committee on Foreign
Affairs, the Committee on Armed Services, the Committee on
Science, Space, and Technology, the Committee on
Appropriations, the Committee on Financial Services, and the
Committee on Homeland Security of the House of
Representatives;
(2) the term ``covered entity'' means a private entity, a
consortium of private entities, or a consortium of public and
private entities with a demonstrated ability to construct,
expand, or modernize a facility relating to the fabrication,
assembly, testing, advanced packaging, or advanced research
and development of semiconductors;
(3) the term ``covered incentive''--
(A) means an incentive offered by a governmental entity to
a covered entity for the purposes of constructing within the
jurisdiction of the governmental entity, or expanding or
modernizing an existing facility within that jurisdiction, a
facility described in paragraph (2); and
(B) includes any tax incentive (such as an incentive or
reduction with respect to employment or payroll taxes or a
tax abatement with respect to personal or real property), a
workforce-related incentive (including a grant agreement
relating to workforce training or vocational education), any
concession with respect to real property, funding for
research and development with respect to semiconductors, and
any other incentive determined appropriate by the Secretary,
in consultation with the Secretary of State;
(4) the term ``foreign adversary'' means any foreign
government or foreign nongovernment person that is engaged in
a long-term pattern, or is involved in a serious instance, of
conduct that is significantly adverse to--
(A) the national security of the United States or an ally
of the United States; or
(B) the security and safety of United States persons;
(5) the term ``governmental entity'' means a State or local
government;
(6) the term ``Secretary'' means the Secretary of Commerce;
and
(7) the term ``semiconductor'' has the meaning given the
term by the Secretary.
(b) Grant Program.--
(1) In general.--The Secretary shall establish in the
Department of Commerce a program that, in accordance with the
requirements of this section, provides grants to covered
entities.
(2) Procedure.--
(A) In general.--A covered entity shall submit to the
Secretary an application that describes the project for which
the covered entity is seeking a grant under this section.
(B) Eligibility.--In order for a covered entity to qualify
for a grant under this section, the covered entity shall
demonstrate to the Secretary, in the application submitted by
the covered entity under subparagraph (A), that--
(i) the covered entity has a documented interest in
constructing, expanding, or modernizing a facility described
in subsection (a)(2); and
(ii) with respect to the project described in clause (i),
the covered entity has--
(I) been offered a covered incentive;
(II) made commitments to worker and community investment,
including through--
(aa) training and education benefits paid by the covered
entity; and
(bb) programs to expand employment opportunity for
economically disadvantaged individuals; and
(III) secured commitments from regional educational and
training entities and institutions of higher education to
provide workforce training, including programming for
training and job placement of economically disadvantaged
individuals.
(C) Considerations for review.--With respect to the review
by the Secretary of an application submitted by a covered
entity under subparagraph (A)--
(i) the Secretary may not approve the application unless
the Secretary--
(I) confirms that the covered entity has satisfied the
eligibility criteria under subparagraph (B); and
(II) determines that the project to which the application
relates is in the interest of the United States; and
(ii) the Secretary may consider whether--
(I) the covered entity has previously received a grant made
under this subsection; and
(II) the governmental entity offering the applicable
covered incentive has benefitted from a grant previously made
under this subsection.
(3) Amount.--The amount of a grant made by the Secretary to
a covered entity under this subsection shall be in an amount
that is not more than $3,000,000,000.
(4) Use of funds.--A covered entity that receives a grant
under this subsection may only use the grant amounts to--
(A) finance the construction, expansion, or modernization
of a facility described in subsection (a)(2), as documented
in the application submitted by the covered entity under
paragraph (2)(A), or for similar uses in state of practice
and legacy facilities, as determined necessary by the
Secretary for purposes relating to the national security and
economic competitiveness of the United States;
(B) support workforce development for the facility
described in subparagraph (A); or
(C) support site development for the facility described in
subparagraph (A).
(5) Clawback.--The Secretary shall recover the full amount
of a grant provided to a covered entity under this subsection
if--
(A) as of the date that is 5 years after the date on which
the Secretary makes the grant, the project to which the grant
relates has not been completed, except that the Secretary may
issue a waiver with respect to the requirement under this
subparagraph if the Secretary determines that issuing such a
waiver is appropriate and in the interests of the United
States; or
(B) during the applicable term with respect to the grant,
the covered entity engages in any joint research or
technology licensing effort--
[[Page S6815]]
(i) with the Government of the People's Republic of China,
the Government of the Russian Federation, the Government of
Iran, the Government of North Korea, or another foreign
adversary; and
(ii) that relates to a sensitive technology or product, as
determined by the Secretary.
(c) Consultation and Coordination Required.--In carrying
out the program established under subsection (b), the
Secretary shall consult and coordinate with the Secretary of
State and the Secretary of Defense.
(d) GAO Reviews.--The Comptroller General of the United
States shall--
(1) not later than 2 years after the date of enactment of
this Act, and biennially thereafter until the date that is 10
years after that date of enactment, conduct a review of the
program established under subsection (b), which shall
include, at a minimum--
(A) a determination of the number of instances in which
grants were provided under that subsection during the period
covered by the review in violation of a requirement of this
section;
(B) an evaluation of how--
(i) the program is being carried out, including how
recipients of grants are being selected under the program;
and
(ii) other Federal programs are leveraged for
manufacturing, research, and training to complement the
grants awarded under the program; and
(C) a description of the outcomes of projects supported by
grants made under the program, including a description of--
(i) facilities described in subsection (a)(2) that were
constructed, expanded, or modernized as a result of grants
made under the program;
(ii) research and development carried out with grants made
under the program; and
(iii) workforce training programs carried out with grants
made under the program, including efforts to hire individuals
from disadvantaged populations; and
(2) submit to the appropriate committees of Congress the
results of each review conducted under paragraph (1).
SEC. 1095. DEPARTMENT OF DEFENSE.
(a) Department of Defense Efforts.--
(1) In general.--The Secretary of Defense shall, in
consultation with the Secretary of Commerce, the Secretary of
Homeland Security, and the Director of National Intelligence,
work with the private sector through a public-private
partnership, including by incentivizing the formation of a
consortium of United States companies, to ensure the
development and production of advanced, measurably secure
microelectronics for use by the Department of Defense, the
intelligence community, critical infrastructure sectors, and
other national security applications. Such work may include
providing incentives for the creation, expansion, or
modernization of one or more commercially competitive and
sustainable microelectronics manufacturing or advanced
research and development facilities.
(2) Risk mitigation requirements.--A participant in a
consortium formed with incentives under paragraph (1) shall--
(A) have the potential to perform fabrication, assembly,
package, or test functions for microelectronics deemed
critical to national security as defined by export control
regulatory agencies in consultation with the National
Security Adviser and the Secretary of Defense;
(B) include management processes to identify and mitigate
supply chain security risks; and
(C) be able to produce microelectronics consistent with
applicable measurably secure supply chain and operational
security standards established under section 224(b) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
(3) National security considerations.--The Secretary of
Defense and the Director of National Intelligence shall
select participants for the consortium formed with incentives
under paragraph (1). In selecting such participants, the
Secretary and the Director may jointly consider whether the
United States companies--
(A) have participated in previous programs and projects of
the Department of Defense, Department of Energy, or the
intelligence community, including--
(i) the Trusted Integrated Circuit program of the
Intelligence Advanced Research Projects Activity;
(ii) trusted and assured microelectronics projects, as
administered by the Department of Defense;
(iii) the Electronics Resurgence Initiative (ERI) program
of the Defense Advanced Research Projects Agency; or
(iv) relevant semiconductor research programs of Advanced
Research Projects Agency-Energy;
(B) have demonstrated an ongoing commitment to performing
contracts for the Department of Defense and the intelligence
community;
(C) are approved by the Defense Counterintelligence and
Security Agency or the Office of the Director of National
Intelligence as presenting an acceptable security risk,
taking into account supply chain assurance vulnerabilities,
counterintelligence risks, and any risks presented by
companies whose owners are located outside the United States;
and
(D) are evaluated periodically for foreign ownership,
control, or influence by foreign adversaries.
(4) Nontraditional defense contractors and commercial
entities.--Arrangements entered into to carry out paragraph
(1) shall be in such form as the Secretary of Defense
determines appropriate to encourage industry participation of
nontraditional defense contractors or commercial entities and
may include a contract, a grant, a cooperative agreement, a
commercial agreement, the use of other transaction authority
under section 2371 of title 10, United States Code, or
another such arrangement.
(5) Discharge.--The Secretary of Defense shall carry out
paragraph (1) jointly through the Office of the Under
Secretary of Defense for Research and Engineering and the
Office of the Under Secretary of Defense for Acquisition and
Sustainment, or such other component of the Department of
Defense as the Secretary considers appropriate.
(6) Other initiatives.--The Secretary of Defense shall
dedicate initiatives within the Department of Defense to
advance radio frequency, mixed signal, radiation tolerant,
and radiation hardened microelectronics that support national
security and dual-use applications.
(7) Reports.--
(A) Report by secretary of defense.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report on the plans of the
Secretary to carry out paragraph (1).
(B) Biennial reports by comptroller general of the united
states.--Not later than 1 year after the date on which the
Secretary submits the report required by subparagraph (A) and
not less frequently than once every 2 years thereafter for a
period of 10 years, the Comptroller General of the United
States shall submit to Congress a report on the activities
carried out under this subsection.
(b) Defense Production Act of 1950 Efforts.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the President shall submit to
Congress a report on a plan for use by the Department of
Defense of authorities available in title III of the Defense
Production Act of 1950 (50 U.S.C. 4531 et seq.) to establish
and enhance a domestic production capability for
microelectronics technologies and related technologies,
subject to the availability of appropriations for that
purpose.
(2) Consultation.--The President shall develop the plan
required by paragraph (1) in coordination with the Secretary
of Defense, and in consultation with the Secretary of State,
the Secretary of Commerce, and appropriate stakeholders in
the private sector.
SEC. 1096. DEPARTMENT OF COMMERCE STUDY ON STATUS OF
MICROELECTRONICS TECHNOLOGIES IN THE UNITED
STATES INDUSTRIAL BASE.
(a) In General.--Commencing not later than 120 days after
the date of the enactment of this Act, the Secretary of
Commerce and the Secretary of Homeland Security, in
consultation with the Secretary of Defense and the heads of
other appropriate Federal departments and agencies, shall
undertake a review, which shall include a survey, using
authorities in section 705 of the Defense Production Act (50
U.S.C. 4555), to assess the capabilities of the United States
industrial base to support the national defense in light of
the global nature of the supply chain and significant
interdependencies between the United States industrial base
and the industrial base of foreign countries with respect to
the manufacture, design, and end use of microelectronics.
(b) Response to Survey.--The Secretary shall ensure
compliance with the survey from among all relevant potential
respondents, including the following:
(1) Corporations, partnerships, associations, or any other
organized groups domiciled and with substantial operations in
the United States.
(2) Corporations, partnerships, associations, or any other
organized groups domiciled in the United States with
operations outside the United States.
(3) Foreign domiciled corporations, partnerships,
associations, or any other organized groups with substantial
operations or business presence in, or substantial revenues
derived from, the United States.
(4) Foreign domiciled corporations, partnerships,
associations, or any other organized groups in defense treaty
or assistance countries where the production of the entity
concerned involves critical technologies covered by section
2.
(c) Information Requested.--The information sought from a
responding entity pursuant to the survey required by
subsection (a) shall include, at minimum, information on the
following with respect to the manufacture. design, or end use
of microelectronics by such entity:
(1) An identification of the geographic scope of
operations.
(2) Information on relevant cost structures.
(3) An identification of types of microelectronics
development, manufacture, assembly, test, and packaging
equipment in operation at such entity.
(4) An identification of all relevant intellectual
property, raw materials, and semi-finished goods and
components sourced domestically and abroad by such entity.
(5) Specifications of the microelectronics manufactured or
designed by such entity, descriptions of the end-uses of such
microelectronics, and a description of any technical support
provided to end-users of such microelectronics by such
entity.
(6) Information on domestic and export market sales by such
entity.
[[Page S6816]]
(7) Information on the financial performance, including
income and expenditures, of such entity.
(8) A list of all foreign and domestic subsidies, and any
other financial incentives, received by such entity in each
market in which such entity operates.
(9) A list of information requests from the People's
Republic of China to such entity, and a description of the
nature of each request and the type of information provided.
(10) Information on any joint ventures, technology
licensing agreements, and cooperative research or production
arrangements of such entity.
(11) A description of efforts by such entity to evaluate
and control supply chain risks it faces.
(12) A list and description of any sales, licensing
agreements, or partnerships between such entity and the
People's Liberation Army or People's Armed Police, including
any business relationships with entities through which such
sales, licensing agreements, or partnerships may occur.
(d) Report.--
(1) In general.--The Secretary of Commerce shall, in
consultation with the Secretary of Defense, the Secretary of
Homeland Security, and the heads of other appropriate Federal
departments and agencies, submit to Congress a report on the
results of the review required by subsection (a). The report
shall include the following:
(A) An assessment of the results of the survey.
(B) A list of critical technology areas impacted by
potential disruptions in production of microelectronics, and
a detailed description and assessment of the impact of such
potential disruptions on such areas.
(C) A description and assessment of gaps and
vulnerabilities in the microelectronics supply chain and the
national industrial supply base.
(2) Form.-- The report required by paragraph (1) may be
submitted in classified form.
SEC. 1097. FUNDING FOR DEVELOPMENT AND ADOPTION OF MEASURABLY
SECURE MICROELECTRONICS AND MEASURABLY SECURE
MICROELECTRONICS SUPPLY CHAINS.
(a) Multilateral Microelectronics Security Fund.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a trust fund, to be known as
the ``Multilateral Microelectronics Security Fund'' (in this
section referred to as the ``Fund''), consisting of such
amounts as may be appropriated to such Fund and any amounts
that may be credited to the Fund under paragraph (2).
(2) Investment of amounts.--
(A) Investment of amounts.--The Secretary of the Treasury
shall invest such portion of the Fund as is not required to
meet current withdrawals in interest-bearing obligations of
the United States or in obligations guaranteed as to both
principal and interest by the United States.
(B) Interest and proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the Fund shall be credited to and form a part of the Fund.
(3) Use of fund.--
(A) In general.--Subject to subparagraph (B), amounts in
the Fund shall be available, as provided in advance in an
appropriations Act, to the Secretary of State--
(i) to provide funding through the common funding mechanism
described in subsection (b)(1) to support the development and
adoption of measurably secure microelectronics and measurably
secure microelectronics supply chains; and
(ii) to otherwise carry out this section.
(B) Availability contingent on international agreement.--
Amounts in the Fund shall be available to the Secretary of
State on and after the date on which the Secretary enters
into an agreement with the governments of countries that are
partners of the United States to participate in the common
funding mechanism under paragraph (1) of subsection (b) and
the commitments described in paragraph (2) of that
subsection.
(4) Availability of amounts.--
(A) In general.--Amounts in the Fund shall remain available
through the end of the tenth fiscal year beginning after the
date of the enactment of this Act.
(B) Remainder to treasury.--Any amounts remaining in the
Fund after the end of the fiscal year described in
subparagraph (A) shall be deposited in the general fund of
the Treasury.
(b) Common Funding Mechanism for Development and Adoption
of Measurably Secure Microelectronics and Measurably Secure
Microelectronics Supply Chains.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Commerce, the Secretary of Defense, the
Secretary of Homeland Security, the Secretary of the
Treasury, and the Director of National Intelligence, shall
seek to establish a common funding mechanism, in coordination
with the governments of countries that are partners of the
United States, that uses amounts from the Fund, and amounts
committed by such governments, to support the development and
adoption of secure microelectronics and secure
microelectronics supply chains, including for use in research
and development collaborations among countries participating
in the common funding mechanism.
(2) Mutual commitments.--The Secretary of State, in
consultation with the United States Trade Representative, the
Secretary of the Treasury, and the Secretary of Commerce,
shall seek to negotiate a set of mutual commitments with the
governments of countries that are partners of the United
States upon which to condition any expenditure of funds
pursuant to the common funding mechanism described in
paragraph (1). Such commitments shall, at a minimum--
(A) establish transparency requirements for any subsidies
or other financial benefits (including revenue foregone)
provided to microelectronics firms located in or outside such
countries;
(B) establish consistent policies with respect to countries
that--
(i) are not participating in the common funding mechanism;
and
(ii) do not meet transparency requirements established
under subparagraph (A);
(C) promote harmonized treatment of microelectronics and
verification processes for items being exported to a country
considered a national security risk by a country
participating in the common funding mechanism;
(D) establish consistent policies and common external
policies to address nonmarket economies as the behavior of
such countries pertains to microelectronics;
(E) align policies on supply chain integrity and
microelectronics security, including with respect to
protection and enforcement of intellectual property rights;
and
(F) promote harmonized foreign direct investment screening
measures with respect to microelectronics to align with
national and multilateral security priorities.
(c) Annual Report to Congress.--Not later than one year
after the date of the enactment of this Act, and annually
thereafter for each fiscal year during which amounts in the
Fund are available under subsection (a)(4), the Secretary of
State shall submit to Congress a report on the status of the
implementation of this section that includes a description
of--
(1) any commitments made by the governments of countries
that are partners of the United States to providing funding
for the common funding mechanism described in subsection
(b)(1) and the specific amount so committed;
(2) the criteria established for expenditure of funds
through the common funding mechanism;
(3) how, and to whom, amounts have been expended from the
Fund;
(4) amounts remaining in the Fund;
(5) the progress of the Secretary of State toward entering
into an agreement with the governments of countries that are
partners of the United States to participate in the common
funding mechanism and the commitments described in subsection
(b)(2); and
(6) any additional authorities needed to enhance the
effectiveness of the Fund in achieving the security goals of
the United States.
SEC. 1098. ADVANCED SEMICONDUCTOR RESEARCH AND DESIGN.
(a) Appropriate Committees of Congress.-- In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Intelligence, the Committee on
Commerce, Science, and Transportation, the Committee on
Foreign Relations, the Committee on Armed Services, the
Committee on Energy and Natural Resources, the Committee on
Appropriations, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Energy and Commerce, the Committee on Foreign
Affairs, the Committee on Armed Services, the Committee on
Science, Space, and Technology, the Committee on Financial
Services, and the Committee on Homeland Security of the House
of Representatives.
(b) Sense of Congress.--It is the sense of Congress that
the leadership of the United States in semiconductor
technology and innovation is critical to the economic growth
and national security of the United States.
(c) Subcommittee on Semiconductor Leadership.--
(1) Establishment required.--The President shall establish
in the National Science and Technology Council a subcommittee
on matters relating to leadership of the United States in
semiconductor technology and innovation.
(2) Duties.--The duties of the subcommittee established
under paragraph (1) are as follows:
(A) National strategy on semiconductor research.--
(i) Development.--In coordination with the Secretary of
Defense, the Secretary of Energy, the Secretary of State, the
Secretary of Commerce, the Secretary of Homeland Security,
the Director of the National Science Foundation, and the
Director of the National Institute of Standards and
Technology and in consultation with the semiconductor
industry and academia, develop a national strategy on
semiconductor research, development, manufacturing, and
supply chain security, including guidance for the funding of
research, and strengthening of the domestic microelectronics
workforce.
(ii) Reporting and updates.--Not less frequently than once
every 5 years, to update the strategy developed under clause
(i) and to submit the revised strategy to the appropriate
committees of Congress.
(iii) Implementation.--In coordination with the Secretary
of Defense, the Secretary
[[Page S6817]]
of Energy, the Secretary of State, the Secretary of Commerce,
the Secretary of Homeland Security, the Director of the
National Science Foundation, and the Director of the National
Institute of Standards and Technology, on an annual basis
coordinate and recommend each agency's semiconductor related
research and development programs and budgets to ensure
consistency with the National Semiconductor Strategy.
(B) Fostering coordination of research and development.--To
foster the coordination of semiconductor research and
development.
(3) Sunset.--The subcommittee established under paragraph
(1) shall terminate on the date that is 10 years after the
date of enactment of this Act.
(d) Industrial Advisory Committee.--The President shall
establish a standing subcommittee of the President's Council
of Advisors on Science and Technology to advise the United
States Government on matters relating to microelectronics
policy.
(e) National Semiconductor Technology Center.--
(1) Establishment.--The Secretary of Commerce shall
establish a national semiconductor technology center to
conduct research and prototyping of advanced semiconductor
technology to strengthen the economic competitiveness and
security of the domestic supply chain, which will be operated
as a public private-sector consortium with participation from
the private sector, the Department of Defense, the Department
of Energy, the Department of Homeland Security, the National
Science Foundation, and the National Institute of Standards
and Technology
(2) Functions.--The functions of the center established
under paragraph (1) shall be as follows:
(A) To conduct advanced semiconductor manufacturing, design
research and prototyping that strengthens the entire domestic
ecosystem and is aligned with the National Strategy on
Semiconductor Research.
(B) To establish a National Advanced Packaging
Manufacturing Program led by the National Institute of
Standards and Technology, in coordination with the Center, to
strengthen semiconductor advanced test, assembly, and
packaging capability in the domestic ecosystem, and which
shall coordinate with the Manufacturing USA institute
established under paragraph (4).
(C) To establish an investment fund, in partnership with
the private sector, to support startups in the domestic
semiconductor ecosystem.
(D) To establish a Semiconductor Manufacturing Program
through the Director of the National Institute of Standards
and Technology to enable advances and breakthroughs in
measurement science, standards, material characterization,
instrumentation, testing, and manufacturing capabilities that
will accelerate the underlying research and development for
metrology of next generation semiconductors and ensure the
competitiveness and leadership of the United States within
this sector.
(E) To work with the Secretary of Labor, the private
sector, educational institutions, and workforce training
entities to develop workforce training programs and
apprenticeships in advanced microelectronic packaging
capabilities.
(3) Components.--The fund established under paragraph
(2)(C) shall cover the following:
(A) Advanced metrology and characterization for
manufacturing of microchips using 3 nanometer transistor
processes or more advanced processes.
(B) Metrology for security and supply chain verification.
(4) Creation of a manufacturing usa institute.--The fund
established under paragraph (2)(C) may also cover the
creation of a Manufacturing USA institute described in
section 34(d) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(d)) that is focused on
semiconductor manufacturing. Such institute may emphasize the
following:
(A) Research to support the virtualization and automation
of maintenance of semiconductor machinery.
(B) Development of new advanced test, assembly and
packaging capabilities.
(C) Developing and deploying educational and skills
training curricula needed to support the industry sector and
ensure the U.S. can build and maintain a trusted and
predictable talent pipeline.
(f) Domestic Production Requirements.--The head of any
executive agency receiving funding under this section shall
develop policies to require domestic production, to the
extent possible, for any intellectual property resulting from
microelectronics research and development conducted as a
result of these funds and domestic control requirements to
protect any such intellectual property from foreign
adversaries.
SEC. 1099. PROHIBITION RELATING TO FOREIGN ADVERSARIES.
None of the funds appropriated pursuant to an authorization
in this subtitle may be provided to an entity--
(1) under the foreign ownership, control, or influence of
the Government of the People's Republic of China or the
Chinese Communist Party, or other foreign adversary (as
defined in section 1091(a)(4)); or
(2) determined to have beneficial ownership from foreign
individuals subject to the jurisdiction, direction, or
influence of foreign adversaries (as so defined).
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Department of Defense Matters
SEC. 1101. ENHANCED PAY AUTHORITY FOR CERTAIN ACQUISITION AND
TECHNOLOGY POSITIONS IN THE DEPARTMENT OF
DEFENSE.
(a) In General.--Subchapter I of chapter 87 of title 10,
United States Code, is amended by inserting after section
1701a the following new section:
``Sec. 1701b. Enhanced pay authority for certain acquisition
and technology positions
``(a) In General.--The Secretary of Defense may carry out a
program using the pay authority specified in subsection (d)
to fix the rate of basic pay for positions described in
subsection (c) in order to assist the Office of the Secretary
of Defense and the military departments in attracting and
retaining high-quality acquisition and technology experts in
positions responsible for managing and developing complex,
high-cost, technological acquisition efforts of the
Department of Defense.
``(b) Approval Required.--The program may be carried out
only with approval as follows:
``(1) Approval of the Under Secretary of Defense for
Acquisition and Sustainment, in the case of positions in the
Office of the Secretary of Defense.
``(2) Approval of the service acquisition executive of the
military department concerned, in the case of positions in a
military department.
``(c) Positions.--The positions described in this
subsection are positions that--
``(1) require expertise of an extremely high level in a
scientific, technical, professional, or acquisition
management field; and
``(2) are critical to the successful accomplishment of an
important acquisition or technology development mission.
``(d) Rate of Basic Pay.--The pay authority specified in
this subsection is authority as follows:
``(1) Authority to fix the rate of basic pay for a position
at a rate not to exceed 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the Under Secretary of Defense for Acquisition
and Sustainment or the service acquisition executive
concerned, as applicable.
``(2) Authority to fix the rate of basic pay for a position
at a rate in excess of 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the Secretary of Defense.
``(e) Limitations.--
``(1) In general.--The authority in subsection (a) may be
used only to the extent necessary to competitively recruit or
retain individuals exceptionally well qualified for positions
described in subsection (c).
``(2) Number of positions.--The authority in subsection (a)
may not be used with respect to more than five positions in
the Office of the Secretary of Defense and more than five
positions in each military department at any one time.
``(3) Term of positions.--The authority in subsection (a)
may be used only for positions having terms less than five
years.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of chapter 87 of such title is
amended by inserting after the item relating to section 1701a
the following new item:
``1701b. Enhanced pay authority for certain acquisition and technology
positions.''.
(c) Repeal of Pilot Program.--
(1) In general.--Section 1111 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 1701 note)
is repealed.
(2) Continuation of pay.--The repeal in paragraph (1) shall
not be interpreted to prohibit the payment of basic pay at
rates fixed under such section 1111 before the date of the
enactment of this Act for positions having terms that
continue after that date.
SEC. 1102. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND
TECHNOLOGY POSITIONS IN THE SCIENCE AND
TECHNOLOGY REINVENTION LABORATORIES OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2358b the
following new section:
``Sec. 2358c. Enhanced pay authority for certain research and
technology positions in science and technology reinvention
laboratories
``(a) In General.--The Secretary of Defense may carry out a
program using the pay authority specified in subsection (d)
to fix the rate of basic pay for positions described in
subsection (c) in order to assist the military departments in
attracting and retaining high quality acquisition and
technology experts in positions responsible for managing and
performing complex, high-cost research and technology
development efforts in the science and technology reinvention
laboratories of the Department of Defense.
``(b) Approval Required.--The program may be carried out in
a military department only with the approval of the service
acquisition executive of the military department concerned.
``(c) Positions.--The positions described in this
subsection are positions in the science and technology
reinvention laboratories of the Department of Defense that--
``(1) require expertise of an extremely high level in a
scientific, technical, professional, or acquisition
management field; and
``(2) are critical to the successful accomplishment of an
important research or technology development mission.
[[Page S6818]]
``(d) Rate of Basic Pay.--The pay authority specified in
this subsection is authority as follows:
``(1) Authority to fix the rate of basic pay for a position
at a rate not to exceed 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the service acquisition executive concerned.
``(2) Authority to fix the rate of basic pay for a position
at a rate in excess of 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the Secretary of the military department
concerned.
``(e) Limitations.--
``(1) In general.--The authority in subsection (a) may be
used only to the extent necessary to competitively recruit or
retain individuals exceptionally well qualified for positions
described in subsection (c).
``(2) Number of positions.--The authority in subsection (a)
may not be used with respect to more than five positions in
each military department at any one time.
``(3) Term of positions.--The authority in subsection (a)
may be used only for positions having a term of less than
five years.
``(f) Science and Technology Reinvention Laboratories of
the Department of Defense Defined.--In this section, the term
`science and technology reinvention laboratories of the
Department of Defense' means the laboratories designated as
science and technology reinvention laboratories by section
1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (10 U.S.C. 2358 note).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by
inserting after the item relating to section 2358b the
following new item:
``2358c. Enhanced pay authority for certain research and technology
positions in science and technology reinvention
laboratories.''.
(c) Repeal of Pilot Program.--
(1) In general.--Section 1124 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2456; 10 U.S.C. 2358 note) is repealed.
(2) Continuation of pay.--The repeal in paragraph (1) shall
not be interpreted to prohibit the payment of basic pay at
rates fixed under such section 1124 before the date of the
enactment of this Act for positions having terms that
continue after that date.
SEC. 1103. EXTENSION OF ENHANCED APPOINTMENT AND COMPENSATION
AUTHORITY FOR CIVILIAN PERSONNEL FOR CARE AND
TREATMENT OF WOUNDED AND INJURED MEMBERS OF THE
ARMED FORCES.
Section 1599c(b) of title 10, United States Code, is
amended by striking ``December 31, 2020'' both places it
appears and inserting ``December 31, 2025''.
SEC. 1104. EXTENSION OF OVERTIME RATE AUTHORITY FOR
DEPARTMENT OF THE NAVY EMPLOYEES PERFORMING
WORK ABOARD OR DOCKSIDE IN SUPPORT OF THE
NUCLEAR-POWERED AIRCRAFT CARRIER FORWARD
DEPLOYED IN JAPAN.
Section 5542(a)(6)(B) of title 5, United States Code, is
amended by striking ``September 30, 2021'' and inserting
``September 30, 2023''.
SEC. 1105. EXPANSION OF DIRECT HIRE AUTHORITY FOR CERTAIN
DEPARTMENT OF DEFENSE PERSONNEL TO INCLUDE
INSTALLATION MILITARY HOUSING OFFICE POSITIONS
SUPERVISING PRIVATIZED MILITARY HOUSING.
Section 9905(a) of title 5, United States Code, is amended
by adding at the end the following new paragraph:
``(11) Any position in the military housing office of a
military installation whose primary function is supervision
of military housing covered by subchapter IV of chapter 169
of title 10.''.
SEC. 1106. EXTENSION OF SUNSET OF INAPPLICABILITY OF
CERTIFICATION OF EXECUTIVE QUALIFICATIONS BY
QUALIFICATION CERTIFICATION REVIEW BOARD OF
OFFICE OF PERSONNEL MANAGEMENT FOR INITIAL
APPOINTMENTS TO SENIOR EXECUTIVE SERVICE
POSITIONS IN DEPARTMENT OF DEFENSE.
Section 1109(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 2010; 5 U.S.C. 3393 note) is amended by striking
``on the date'' and all that follows and inserting ``on
August 13, 2023.''
SEC. 1107. PILOT PROGRAM ON ENHANCED PAY AUTHORITY FOR
CERTAIN HIGH-LEVEL MANAGEMENT POSITIONS IN THE
DEPARTMENT OF DEFENSE.
(a) Pilot Program Authorized.--The Secretary of Defense may
carry out a pilot program to assess the feasibility and
advisability of using the pay authority specified in
subsection (d) to fix the rate of basic pay for positions
described in subsection (c) in order to assist the Department
of Defense in attracting and retaining personnel with
significant experience in high-level management of complex
organizations and enterprise functions in order to lead
implementation by the Department of the National Defense
Strategy.
(b) Approval Required.--The pilot program may be carried
out only with approval as follows:
(1) Approval of the Deputy Secretary of Defense, in the
case of a position not under the authority, direction, and
control of an Under Secretary of Defense and not under the
authority, direction, and control of the Under Secretary of a
military department.
(2) Approval of the applicable Under Secretary of Defense,
in the case of a position under the authority, direction, and
control of an Under Secretary of Defense.
(3) Approval of the Under Secretary or an Assistant
Secretary of the military department concerned, in the case
of a position in a military department.
(c) Positions.--The positions described in this subsection
are positions that require expertise of an extremely high
level in innovative leadership and management of enterprise-
wide business operations, including financial management,
health care, supply chain and logistics, information
technology, real property stewardship, and human resources,
across a large and complex organization.
(d) Rate of Basic Pay.--The pay authority specified in this
subsection is authority as follows:
(1) Authority to fix the rate of basic pay for a position
at a rate not to exceed 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the applicable official under subsection (b).
(2) Authority to fix the rate of basic pay for a position
at a rate in excess of 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the Secretary of Defense.
(e) Limitations.--
(1) In general.--The authority in subsection (a) may be
used only to the extent necessary to competitively recruit or
retain individuals exceptionally well qualified for positions
described in subsection (c).
(2) Number of positions.--The authority in subsection (a)
may not be used with respect to--
(A) more than 10 positions in the Office of the Secretary
of Defense and components of the Department of Defense other
than the military departments at any one time; and
(B) more than five positions in each military department at
any one time.
(3) Term of positions.--The authority in subsection (a) may
be used only for positions having terms less than five years.
(4) Past service.--An individual may not be appointed to a
position pursuant to the authority provided by subsection (a)
if the individual separated or retired from Federal civil
service or service as a commissioned officer of an Armed
Force on a date that is less than five years before the date
of such appointment of the individual.
(f) Termination.--
(1) In general.--The authority to fix rates of basic pay
for a position under this section shall terminate on October
1, 2025.
(2) Continuation of pay.--Nothing in paragraph (1) shall be
construed to prohibit the payment after October 1, 2025, of
basic pay at rates fixed under this section before that date
for positions whose terms continue after that date.
SEC. 1108. PILOT PROGRAM ON EXPANDED AUTHORITY FOR
APPOINTMENT OF RECENTLY RETIRED MEMBERS OF THE
ARMED FORCES TO POSITIONS IN THE DEPARTMENT OF
DEFENSE.
(a) Pilot Program Required.--The Secretary of Defense shall
carry out a pilot program to assess the feasibility and
advisability of expanding the use of the authority in section
3326 of title 5, United States Code, to appoint retired
members of the Armed Forces described in subsection (b) of
that section to positions in the Department of Defense
described in subsection (b) of this section.
(b) Positions.--
(1) In general.--The positions in the Department described
in this subsection are positions classified at or below GS-13
under the General Schedule under subchapter III of chapter 53
of title 5, United States Code, or an equivalent level under
another wage system, in the competitive service--
(A) to which appointments are authorized using Direct Hire
Authority or Expedited Hiring Authority; and
(B) that have been certified by the Secretary of the
military department concerned as lacking sufficient numbers
of potential applicants who are not retired members of the
Armed Forces.
(2) Limitation on delegation of certification.--The
Secretary of a military department may not delegate the
authority to make a certification described in paragraph
(1)(B) to an individual in a grade lower than colonel,
captain in the Navy, or an equivalent grade in the Space
Force, or an individual with an equivalent civilian grade.
(c) Duration.--The duration of the pilot program shall be
three years.
(d) Report.--Not later than two years after the
commencement of the pilot program, the Secretary of Defense
shall submit to the congressional defense committees a report
on the pilot program. The report shall include the following:
(1) A description of the pilot program, including the
positions to which appointments are authorized to be made
under the pilot program and the number of retired members
appointed to each such position under the pilot program.
(2) Any other matters in connection with the pilot program
that the Secretary considers appropriate.
SEC. 1109. DIRECT HIRE AUTHORITY AND RELOCATION INCENTIVES
FOR POSITIONS AT REMOTE LOCATIONS.
(a) In General.--Chapter 81 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1599i. Direct hire authority and relocation incentives
for positions at remote locations
``(a) Direct Hire Authority.--
[[Page S6819]]
``(1) In general.--The Secretary of Defense may appoint,
without regard to any provision of subchapter I of chapter 33
of title 5, qualified applicants to positions in the
competitive service to fill vacancies at covered locations.
``(2) Covered locations.--For purposes of this section, a
covered location is a location for which the Secretary has
determined that critical hiring needs are not being met due
to the geographic remoteness or isolation or extreme climate
conditions of the location.
``(b) Relocation Incentives.--
``(1) In general.--An individual appointed to a position
pursuant to subsection (a) may be paid a relocation incentive
in connection with the relocation of the individual to the
location of the position.
``(2) Amount.--The amount of a relocation incentive payable
to an individual under this subsection may not exceed the
amount equal to--
``(A) 25 percent of the annual rate of basic pay of the
employee for the position concerned as of the date on which
the service period in such position agreed to by the
individual under paragraph (3) commences; multiplied by
``(B) the number of years (including fractions of a year)
of such service period (not to exceed four years).
``(3) Service agreement.--To receive a relocation incentive
under this subsection, an individual appointed to a position
under subsection (a) shall enter into an agreement with the
Secretary of Defense to complete a period of service at the
covered location. The period of obligated service of the
individual at such location under the agreement may not
exceed four years. The agreement shall include such repayment
or alternative employment obligations as the Secretary
considers appropriate for failure of the individual to
complete the period of obligated service specified in the
agreement.
``(4) Relationship to other relocation pay.--A relocation
incentive paid to an individual for a relocation under this
subsection is in addition to any other relocation incentive
or payment payable to the individual for such relocation by
law.
``(c) Sunset.--Effective on September 30, 2022, the
authority provided under subsection (a) and the authority to
provide relocation incentives under subsection (b) shall
expire.''.
(b) Outcome Measurements.--The Secretary of Defense shall
develop outcome measurements to evaluate the effect of the
authority provided under subsection (a) of section 1599i of
title 10, United States Code, as added by subsection (a), and
any relocation incentives provided under subsection (b) of
such section.
(c) Report Required.--
(1) In general.--Not later than March 1, 2022, the
Secretary of Defense shall submit to the congressional
defense committees a report on the effect of the authority
provided under subsection (a) of section 1599i of title 10,
United States Code, as added by subsection (a), and any
relocation incentives provided under subsection (b) of such
section.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description and assessment of the effectiveness and
achievements of the authority and relocation incentives
described in paragraph (1), including--
(i) the number of employees hired to covered locations
described in section 1599i(a)(2) of title 10, United States
Code, as added by subsection (a); and
(ii) the cost-per-placement of such employees.
(B) A comparison of the effectiveness and use of the
authority and relocation incentives described in paragraph
(1) to authorities under title 5, United States Code, used by
the Department of Defense before the date of the enactment of
this Act to support hiring at remote or rural locations.
(C) An assessment of--
(i) the minority community outreach efforts made in using
the authority and providing relocation incentives described
in paragraph (1); and
(ii) participation outcomes.
(D) Such other matters as the Secretary considers
appropriate.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of title 10, United States Code, is
amended by adding at the end the following new item:
``1599i. Direct hire authority and relocation incentives for positions
at remote locations.''.
SEC. 1110. MODIFICATION OF DIRECT HIRE AUTHORITY FOR CERTAIN
PERSONNEL INVOLVED WITH DEPARTMENT OF DEFENSE
MAINTENANCE ACTIVITIES.
Section 9905(a)(1) of title 5, United States Code, is
amended by striking ``including'' and all that follows and
inserting the following: ``including--
``(A) depot-level maintenance and repair; and
``(B) support functions for such activities.''.
SEC. 1110A. FIRE FIGHTERS ALTERNATIVE WORK SCHEDULE
DEMONSTRATION PROJECT FOR THE NAVY REGION MID-
ATLANTIC FIRE AND EMERGENCY SERVICES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commander, Navy Region Mid-
Atlantic, shall establish and carry out, for a period of not
less than five years, a Fire Fighters Alternative Work
Schedule demonstration project for the Navy Region Mid-
Atlantic Fire and Emergency Services. Such demonstration
project shall provide, with respect to each employee of the
Navy Region Mid-Atlantic Fire and Emergency Services, that--
(1) assignments to tours of duty are scheduled in advance
over periods of not less than two weeks;
(2) tours of duty are scheduled using a regularly recurring
pattern of 48-hour shifts followed by 48 or 72 consecutive
non-work hours, as determined by mutual agreement between the
Commander, Navy Region Mid-Atlantic, and the exclusive
employee representative at each Navy Region Mid-Atlantic
installation, in such a manner that each employee is
regularly scheduled for 144-hours in any two-week period;
(3) for any such employee that is a fire fighter working an
alternative work schedule, such employee shall earn overtime
compensation in a manner consistent with other applicable law
and regulation;
(4) no right shall be established to any form of premium
pay, including night, Sunday, holiday, or hazard duty pay;
and
(5) leave accrual and use shall be consistent with other
applicable law and regulation.
(b) Report.--Not later than 180 days after the date on
which the demonstration project under this section
terminates, the Commander, Navy Region Mid-Atlantic, shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report detailing--
(1) any financial savings or expenses directly and
inseparably linked to the demonstration project;
(2) any intangible quality of life and morale improvements
achieved by the demonstration project; and
(3) any adverse impact of the demonstration project
occurring solely as the result of the transition to the
demonstration project.
SEC. 1110B. REPORT BY COMPTROLLER GENERAL OF THE UNITED
STATES ON DIVERSITY AND INCLUSION WITHIN THE
CIVILIAN WORKFORCE OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--Not later than 1 year after enactment of
this act, the Comptroller General of the United States shall
submit to Congress a report on issues related to diversity
and inclusion within the civilian workforce of the Department
of Defense.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the demographic composition of the
civilian workforce of the Department.
(2) An assessment of any differences in promotion outcomes
among demographic groups of the civilian workforce of the
Department.
(3) An assessment of the extent to which the Department has
identified barriers to diversity in its civilian workforce.
Subtitle B--Government-Wide Matters
SEC. 1111. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.
Paragraph (2) of section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 443), as added by section 1102 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1104 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92), is further
amended by striking ``2021'' and inserting ``2022''.
SEC. 1112. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4615), as most recently
amended by section 1105 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92), is further
amended by striking ``through 2020'' and inserting ``through
2021''.
SEC. 1113. TECHNICAL AMENDMENTS TO AUTHORITY FOR
REIMBURSEMENT OF FEDERAL, STATE, AND LOCAL
INCOME TAXES INCURRED DURING TRAVEL,
TRANSPORTATION, AND RELOCATION.
(a) In General.--Section 5724b(b) of title 5, United States
Code, is amended--
(1) by striking ``or relocation expenses reimbursed'' and
inserting ``and relocation expenses reimbursed''; and
(2) by striking ``of chapter 41'' and inserting ``or
chapter 41''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on January 1, 2018, immediately after the
coming into effect of the amendments made by subsection (a)
of section 1114 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), as provided for in
subsection (c) of such section 1114.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. AUTHORITY TO BUILD CAPACITY FOR ADDITIONAL
OPERATIONS.
Section 333(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(8) Cyberspace operations.''.
[[Page S6820]]
SEC. 1202. AUTHORITY TO BUILD CAPACITY FOR AIR SOVEREIGNTY
OPERATIONS.
Section 333(a) of title 10, United States Code, as amended
by section 1201, is further amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) Air sovereignty operations.''.
SEC. 1203. MODIFICATION TO THE INTER-EUROPEAN AIR FORCES
ACADEMY.
Section 350(b) of title 10, United States Code, is amended
by striking ``that are'' and all that follows through the
period at the end and inserting ``that are--
``(1) members of the North Atlantic Treaty Organization;
``(2) signatories to the Partnership for Peace Framework
Documents; or
``(3)(A) within the United States Africa Command area of
responsibility; and
``(B) eligible for assistance under chapter 5 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et
seq.).''.
SEC. 1204. MODIFICATION TO SUPPORT OF SPECIAL OPERATIONS FOR
IRREGULAR WARFARE.
Subsection (a) of section 1202 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1639), as most recently amended by section 1207 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92), is further amended by striking
``$10,000,000'' and inserting ``$15,000,000''.
SEC. 1205. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
BORDER SECURITY OPERATIONS OF CERTAIN FOREIGN
COUNTRIES.
(a) Funds Available for Support.--Subsection (b) of section
1226 of the National Defense Authorization Act for Fiscal
Year 2016 (22 U.S.C. 2151 note) is amended to read as
follows:
``(b) Funds Available for Support.--Amounts to provide
support under the authority of subsection (a) may be derived
only from amounts authorized to be appropriated and available
for operation and maintenance, Defense-wide.''.
(b) Extension.--Subsection (h) of such section is amended
by striking ``December 31, 2021'' and inserting ``December
31, 2023''.
SEC. 1206. MODIFICATION OF AUTHORITY FOR PARTICIPATION IN
MULTINATIONAL CENTERS OF EXCELLENCE.
(a) In General.--Section 344 of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``multinational
military centers of excellence'' and inserting
``multinational centers of excellence'';
(2) by striking ``multinational military center of
excellence'' each place it appears and inserting
``multinational center of excellence'';
(3) by striking ``multinational military centers of
excellence'' each place it appears and inserting
``multinational centers of excellence'';
(4) in subsection (b)(1), by inserting ``or entered into by
the Secretary of State,'' after ``Secretary of State,'';
(5) in subsection (e)--
(A) in the subsection heading, by striking ``Multinational
Military Center of Excellence '' and inserting
``Multinational Center of Excellence'';
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and moving the
subparagraphs two ems to the right;
(C) in the matter preceding subparagraph (A), as so
redesignated, by striking ``means an entity'' and inserting
``means--
``(1) an entity'';
(D) in subparagraph (D), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(E) by adding at the end the following new paragraph:
``(2) the European Centre of Excellence for Countering
Hybrid Threats, established in 2017 and located in Helsinki,
Finland.'';
(6) by redesignating subsection (e) as subsection (f); and
(7) by inserting after subsection (d) the following new
subsection (e):
``(e) Notification.--Not later than 30 days before the date
on which the Secretary of Defense authorizes participation
under subsection (a) in a new multinational center of
excellence, the Secretary shall notify the congressional
defense committees of such participation.''.
(b) Conforming Amendment.--Title 10, United States Code, is
amended, in the table of sections at the beginning of
subchapter V of chapter 16, by striking the item relating to
section 344 and inserting the following:
``344. Participation in multinational centers of excellence.''.
SEC. 1207. IMPLEMENTATION OF THE WOMEN, PEACE, AND SECURITY
ACT OF 2017.
(a) In General.--During the period beginning on the date of
the enactment of this Act and ending on September 30, 2025,
the Secretary of Defense shall undertake activities
consistent with the Women, Peace, and Security Act of 2017
(Public Law 115-68; 131 Stat. 1202) and with the guidance
specified in this section, including--
(1) establishing Department of Defense-wide policies and
programs that advance the implementation of that Act,
including military doctrine and Department-specific and
combatant command-specific programs;
(2) ensuring the Department sufficient personnel to serve
as gender advisors, including by hiring and training full-
time equivalent personnel, as necessary, and establishing
roles, responsibilities, and requirements for gender
advisors;
(3) the deliberate integration of gender analysis into
relevant training for members of the Armed Forces across
ranks, as described in the Women's Entrepreneurship and
Economic Empowerment Act of 2018 (Public Law 115-428; 132
Stat. 5509); and
(4) security cooperation activities that further the
implementation of the Women, Peace, and Security Act of 2017
(Public Law 115-68; 131 Stat. 1202).
(b) Building Partner Defense Institution and Security Force
Capacity.--
(1) Incorporation of gender analysis and participation of
women into security cooperation activities.--Consistent with
the Women, Peace, and Security Act of 2017 (Public Law 115-
68; 131 Stat. 1202), the Secretary of Defense, in
coordination with the Secretary of State, shall seek to
incorporate gender analysis and participation by women, as
appropriate, into the institutional and national security
force capacity-building activities of security cooperation
programs carried out under title 10, United States Code,
including by--
(A) incorporating gender analysis and women, peace, and
security priorities, including sex-disaggregated data, into
educational and training materials and programs authorized by
section 333 of title 10, United States Code;
(B) advising on the recruitment, employment, development,
retention, and promotion of women in such national security
forces, including by--
(i) identifying existing military career opportunities for
women;
(ii) exposing women and girls to careers available in such
national security forces and the skills necessary for such
careers; and
(iii) encouraging women's and girls' interest in such
careers by highlighting as role models women of the United
States and applicable foreign countries in uniform;
(C) addressing sexual harassment and abuse against women
within such national security forces;
(D) integrating gender analysis into security sector
policy, planning, and training for such national security
forces; and
(E) improving infrastructure to address the requirements of
women serving in such national security forces, including
appropriate equipment for female security and police forces.
(2) Barriers and opportunities.--Partner country
assessments conducted in the course of Department security
cooperation activities to build the capacity of the national
security forces of foreign countries shall include attention
to the barriers and opportunities with respect to
strengthening recruitment, employment, development,
retention, and promotion of women in the military forces of
such partner countries.
(c) Department-wide Policies on Women, Peace, and
Security.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall
initiate a process to establish standardized policies
described in subsection (a)(1).
(d) Funding.--The Secretary of Defense may use funds
authorized to be appropriated in each fiscal year to the
Department of Defense for operation and maintenance as
specified in the table in section 4301 for carrying out the
full implementation of the Women, Peace, and Security Act of
2017 (Public Law 115-68; 131 Stat. 1202) and the guidance on
the matters described in paragraphs (1) through (4) of
subsection (a) and subparagraphs (A) through (E) of
subsection (b)(1).
(e) Annual Report.--Not later than one year after the date
of the enactment of this Act, and annually thereafter through
2025, the Secretary of Defense shall submit to the
appropriate committees of Congress a report on the steps the
Department has taken to implement the Women, Peace, and
Security Act of 2017 (Public Law 115-68; 131 Stat. 1202),
including--
(1) a description of the progress made on each matter
described in paragraphs (1) through (4) of subsection (a) and
subparagraphs (A) through (E) of subsection (b)(1); and
(2) an identification of the amounts used for such
purposes.
(f) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1208. TED STEVENS CENTER FOR ARCTIC SECURITY STUDIES.
(a) Plan Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
congressional defense committees a plan to establish a
Department of Defense Regional Center for Security Studies
for the Arctic.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) A description of the benefits of establishing such a
center, including the manner in which the establishment of
such a center would benefit United States and Department
interests in the Arctic region.
(B) A description of the mission and purpose of such a
center, including specific policy guidance from the Office of
the Secretary of Defense.
[[Page S6821]]
(C) An analysis of suitable reporting relationships with
the applicable combatant commands.
(D) An assessment of suitable locations for such a center
that are--
(i) in proximity to other academic institutions that study
security implications with respect to the Arctic region;
(ii) in proximity to the designated lead for Arctic affairs
of the United States Northern Command;
(iii) in proximity to a central hub of assigned Arctic-
focused Armed Forces so as to suitably advance relevant
professional development of skills unique to the Arctic
region; and
(iv) in a State located outside the contiguous United
States.
(E) A description of the establishment and operational
costs of such a center, including for--
(i) military construction for required facilities;
(ii) facility renovation;
(iii) personnel costs for faculty and staff; and
(iv) other costs the Secretary of Defense considers
appropriate.
(F) An evaluation of the existing infrastructure,
resources, and personnel available at military installations
and at universities and other academic institutions that
could reduce the costs described in accordance with
subparagraph (E).
(G) An examination of partnership opportunities with United
States allies and partners for potential collaboration and
burden sharing.
(H) A description of potential courses and programs that
such a center could carry out, including--
(i) core, specialized, and advanced courses;
(ii) planning workshops;
(iii) seminars;
(iv) confidence-building initiatives; and
(v) academic research.
(I) A description of any modification to title 10, United
States Code, necessary for the effective operation of such a
center.
(3) Form.--The plan required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Establishment.--
(1) In general.--Not earlier than 30 days after the
submittal of the plan required by subsection (a), and subject
to the availability of appropriations, the Secretary of
Defense may establish and administer a Department of Defense
Regional Center for Security Studies for the Arctic, to be
known as the ``Ted Stevens Center for Arctic Security
Studies'', for the purpose described in section 342(a) of
title 10, United States Code.
(2) Location.--The Ted Stevens Center for Arctic Security
Studies may be located--
(A) in proximity to other academic institutions that study
security implications with respect to the Arctic region;
(B) in proximity to the designated lead for Arctic affairs
of the United States Northern Command;
(C) in proximity to a central hub of assigned Arctic-
focused Armed Forces so as to suitably advance relevant
professional development of skills unique to the Arctic
region; and
(D) in a State located outside the contiguous United
States.
SEC. 1209. FUNCTIONAL CENTER FOR SECURITY STUDIES IN
IRREGULAR WARFARE.
(a) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
congressional defense committees a report that assesses the
merits and feasibility of establishing and administering a
Department of Defense Functional Center for Security Studies
in Irregular Warfare.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the benefits to the United States, and
the allies and partners of the United States, of establishing
such a functional center, including the manner in which the
establishment of such a functional center would enhance and
sustain focus on, and advance knowledge and understanding of,
matters of irregular warfare, including cybersecurity,
nonstate actors, information operations, counterterrorism,
stability operations, and the hybridization of such matters.
(B) A detailed description of the mission and purpose of
such a functional center, including applicable policy
guidance from the Office of the Secretary of Defense.
(C) An analysis of appropriate reporting and liaison
relationships between such a functional center and--
(i) the geographic and functional combatant commands;
(ii) other Department of Defense stakeholders; and
(iii) other government and nongovernment entities and
organizations.
(D) An enumeration and valuation of criteria applicable to
the determination of a suitable location for such a
functional center.
(E) A description of the establishment and operational
costs of such a functional center, including for--
(i) military construction for required facilities;
(ii) facility renovation;
(iii) personnel costs for faculty and staff; and
(iv) other costs the Secretary of Defense considers
appropriate.
(F) An evaluation of the existing infrastructure,
resources, and personnel available at military installations
and at universities and other academic and research
institutions that could reduce the costs described in
subparagraph (E).
(G) An examination of partnership opportunities with United
States allies and partners for potential collaboration and
burden sharing.
(H) A description of potential courses and programs that
such a functional center could carry out, including--
(i) core, specialized, and advanced courses;
(ii) planning workshops and structured after-action reviews
or debriefs;
(iii) seminars;
(iv) initiatives on executive development, relationship
building, partnership outreach, and any other matter the
Secretary of Defense considers appropriate; and
(v) focused academic research and studies in support of
Department priorities.
(I) A description of any modification to title 10, United
States Code, or any other provision of law, necessary for the
effective establishment and administration of such a
functional center.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Establishment.--
(1) In general.--Not earlier than 30 days after the
submittal of the report required by subsection (a), and
subject to the availability of appropriated funds, the
Secretary of Defense may establish and administer a
Department of Defense Functional Center for Security Studies
in Irregular Warfare.
(2) Treatment as a regional center for security studies.--A
Department of Defense Functional Center for Security Studies
in Irregular Warfare established under paragraph (1) shall be
operated and administered in the same manner as the
Department of Defense Regional Centers for Security Studies
under section 342 of title 10, United States Code, and in
accordance with such regulations as the Secretary of Defense
may prescribe.
(3) Limitation.--No other institution or element of the
Department may be designated as a Department of Defense
functional center, except by an Act of Congress.
(4) Location.--The location of a Department of Defense
Functional Center for Security Studies in Irregular Warfare
established under paragraph (1) shall be selected based on an
objective, criteria-driven administrative or competitive
award process, in accordance with which the merits of
locating such functional center in Tempe, Arizona, may be
evaluated together with other suitable locations.
SEC. 1210. OPEN TECHNOLOGY FUND.
(a) Short Title.--This section may be cited as the ``Open
Technology Fund Authorization Act''.
(b) Findings.--Congress finds the following:
(1) The political, economic, and social benefits of the
internet are important to advancing democracy and freedom
throughout the world.
(2) Authoritarian governments are investing billions of
dollars each year to create, maintain, and expand repressive
internet censorship and surveillance systems to limit free
association, control access to information, and prevent
citizens from exercising their rights to free speech.
(3) Over \2/3\ of the world's population live in countries
in which the internet is restricted. Governments shut down
the internet more than 200 times every year.
(4) Internet censorship and surveillance technology is
rapidly being exported around the world, particularly by the
Government of the People's Republic of China, enabling
widespread abuses by authoritarian governments.
(c) Sense of Congress.--It is the sense of Congress that it
is in the interest of the United States--
(1) to promote global internet freedom by countering
internet censorship and repressive surveillance;
(2) to protect the internet as a platform for--
(A) the free exchange of ideas;
(B) the promotion of human rights and democracy; and
(C) the advancement of a free press; and
(3) to support efforts that prevent the deliberate misuse
of the internet to repress individuals from exercising their
rights to free speech and association, including countering
the use of such technologies by authoritarian regimes.
(d) Establishment of the Open Technology Fund.--
(1) In general.--The United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended
by inserting after section 309 the following:
``SEC. 309A. OPEN TECHNOLOGY FUND.
``(a) Authority.--
``(1) Establishment.--There is established a grantee
entity, to be known as the `Open Technology Fund', which
shall carry out this section.
``(2) In general.--Grants authorized under section 305
shall be available to award annual grants to the Open
Technology fund for the purpose of--
``(A) promoting, consistent with United States law,
unrestricted access to uncensored sources of information via
the internet; and
``(B) enabling journalists, including journalists employed
by or affiliated with the Voice of America, Radio Free
Europe/Radio Liberty, Radio Free Asia, the Middle East
[[Page S6822]]
Broadcasting Networks, the Office of Cuba Broadcasting, or
any entity funded by or partnering with the United States
Agency for Global Media to create and disseminate news and
information consistent with the purposes, standards, and
principles specified in sections 302 and 303.
``(b) Use of Grant Funds.--The Open Technology Fund shall
use grant funds received pursuant to subsection (a)(2)--
``(1) to advance freedom of the press and unrestricted
access to the internet in repressive environments overseas
through technology development, rather than through media
messaging;
``(2) to research, develop, implement, and maintain--
``(A) technologies that circumvent techniques used by
authoritarian governments, nonstate actors, and others to
block or censor access to the internet, including
circumvention tools that bypass internet blocking, filtering,
and other censorship techniques used to limit or block
legitimate access to content and information; and
``(B) secure communication tools and other forms of privacy
and security technology that facilitate the creation and
distribution of news and enable audiences to access media
content on censored websites;
``(3) to advance internet freedom by supporting private and
public sector research, development, implementation, and
maintenance of technologies that provide secure and
uncensored access to the internet to counter attempts by
authoritarian governments, nonstate actors, and others to
improperly restrict freedom online;
``(4) to research and analyze emerging technical threats
and develop innovative solutions through collaboration with
the private and public sectors to maintain the technological
advantage of the United States Government over authoritarian
governments, nonstate actors, and others;
``(5) to develop, acquire, and distribute requisite
internet freedom technologies and techniques for the United
States Agency for Global Media, in accordance with paragraph
(2), and digital security interventions, to fully enable the
creation and distribution of digital content between and to
all users and regional audiences;
``(6) to prioritize programs for countries, the governments
of which restrict freedom of expression on the internet, that
are important to the national interest of the United States
in accordance with section 7050(b)(2)(C) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2020 (division G of Public Law 116-94);
and
``(7) to carry out any other effort consistent with the
purposes of this Act or press freedom overseas if requested
or approved by the United States Agency for Global Media.
``(c) Methodology.--In carrying out subsection (b), the
Open Technology Fund shall--
``(1)(A) support fully open-source tools, code, and
components, to the extent practicable, to ensure such
supported tools and technologies are as secure, transparent,
and accessible as possible; and
``(B) require that any such tools, components, code, or
technology supported by the Open Technology Fund remain fully
open-source, to the extent practicable;
``(2) support technologies that undergo comprehensive
security audits to ensure that such technologies are secure
and have not been compromised in a manner detrimental to the
interests of the United States or to individuals or
organizations benefitting from programs supported by the Open
Technology Fund;
``(3) review and periodically update, as necessary,
security auditing procedures used by the Open Technology Fund
to reflect current industry security standards;
``(4) establish safeguards to mitigate the use of such
supported technologies for illicit purposes;
``(5) solicit project proposals through an open,
transparent, and competitive application process to attract
innovative applications and reduce barriers to entry;
``(6)(A) seek input from technical, regional, and subject
matter experts from a wide range of relevant disciplines; and
``(B) to review, provide feedback, and evaluate proposals
to ensure that the most competitive projects are funded;
``(7) implement an independent review process, through
which proposals are reviewed by such experts to ensure the
highest degree of technical review and due diligence;
``(8) maximize cooperation with the public and private
sectors, foreign allies, and partner countries to maximize
efficiencies and eliminate duplication of efforts; and
``(9) utilize any other methodology approved by the United
States Agency for Global Media in furtherance of the mission
of the Open Technology Fund.
``(d) Grant Agreement.--Any grant agreement with, or grants
made to, the Open Technology Fund under this section shall be
subject to the following limitations and restrictions:
``(1) The headquarters of the Open Technology Fund and its
senior administrative and managerial staff shall be located
in a location which ensures economy, operational
effectiveness, and accountability to the United States Agency
for Global Media.
``(2) Grants awarded under this section shall be made
pursuant to a grant agreement requiring that--
``(A) grant funds are only used only activities consistent
with this section; and
``(B) failure to comply with such requirement shall result
in termination of the grant without further fiscal obligation
to the United States.
``(3) Each grant agreement under this section shall require
that each contract entered into by the Open Technology Fund
specify that all obligations are assumed by the grantee and
not by the United States Government.
``(4) Each grant agreement under this section shall require
that any lease agreements entered into by the Open Technology
Fund shall be, to the maximum extent possible, assignable to
the United States Government.
``(5) Administrative and managerial costs for operation of
the Open Technology Fund--
``(A) should be kept to a minimum; and
``(B) to the maximum extent feasible, should not exceed the
costs that would have been incurred if the Open Technology
Fund had been operated as a Federal entity rather than as a
grantee.
``(6) Grant funds may not be used for any activity whose
purpose is influencing the passage or defeat of legislation
considered by Congress.
``(e) Relationship to the United States Agency for Global
Media.--
``(1) In general.--The Open Technology Fund shall be
subject to the oversight and governance by the United States
Agency for Global Media in accordance with section 305.
``(2) Assistance.--The United States Agency for Global
Media, its broadcast entities, and the Open Technology Fund
should render such assistance to each other as may be
necessary to carry out the purposes of this section or any
other provision under this Act.
``(3) Not a federal agency or instrumentality.--Nothing in
this section may be construed to make the Open Technology
Fund an agency or instrumentality of the Federal Government.
``(4) Detailees.--Employees of a grantee of the United
States Agency for Global Media may be detailed to the Agency,
in accordance with the Intergovernmental Personnel Act of
1970 (42 U.S.C. 4701 et seq.) and Federal employees may be
detailed to a grantee of the United States Agency for Global
Media, in accordance with such Act.
``(f) Relationship to Other United States Government-funded
Internet Freedom Programs.--The United States Agency for
Global Media shall ensure that internet freedom research and
development projects of the Open Technology Fund are
deconflicted with internet freedom programs of the Department
of State and other relevant United States Government
departments. Agencies should still share information and best
practices relating to the implementation of subsections (b)
and (c).
``(g) Reporting Requirements.--
``(1) Annual report.--The Open Technology Fund shall
highlight, in its annual report, internet freedom activities,
including a comprehensive assessment of the Open Technology
Fund's activities relating to the implementation of
subsections (b) and (c), which shall include--
``(A) an assessment of the current state of global internet
freedom, including--
``(i) trends in censorship and surveillance technologies
and internet shutdowns; and
``(ii) the threats such pose to journalists, citizens, and
human rights and civil society organizations; and
``(B) a description of the technology projects supported by
the Open Technology Fund and the associated impact of such
projects in the most recently completed year, including--
``(i) the countries and regions in which such technologies
were deployed;
``(ii) any associated metrics indicating audience usage of
such technologies; and
``(iii) future-year technology project initiatives.
``(2) Assessment of the effectiveness of the open
technology fund.--Not later than 2 years after the date of
the enactment of this section, the Inspector General of the
Department of State and the Foreign Service shall submit a
report to the appropriate congressional committees that
indicates--
``(A) whether the Open Technology Fund is--
``(i) technically sound;
``(ii) cost effective; and
``(iii) satisfying the requirements under this section; and
``(B) the extent to which the interests of the United
States are being served by maintaining the work of the Open
Technology Fund.
``(h) Audit Authorities.--
``(1) In general.--Financial transactions of the Open
Technology Fund that relate to functions carried out under
this section may be audited by the Government Accountability
Office in accordance with such principles and procedures and
under such rules and regulations as may be prescribed by the
Comptroller General of the United States. Any such audit
shall be conducted at the place or places at which accounts
of the Open Technology Fund are normally kept.
``(2) Access by gao.--The Government Accountability Office
shall have access to all books, accounts, records, reports,
files, papers, and property belonging to or in use by the
Open Technology Fund pertaining to financial transactions as
may be necessary to facilitate an audit. The Government
Accountability Office shall be afforded full facilities for
verifying transactions with any assets held by depositories,
fiscal agents, and custodians. All such books, accounts,
records, reports, files, papers, and property of the Open
Technology Fund shall remain in
[[Page S6823]]
the possession and custody of the Open Technology Fund.
``(3) Exercise of authorities.--Notwithstanding any other
provision of law, the Inspector General of the Department of
State and the Foreign Service is authorized to exercise the
authorities of the Inspector General Act of 1978 with respect
to the Open Technology Fund.''.
(2) Conforming amendments.--The United States International
Broadcasting Act of 1994 is amended--
(A) in section 304(d) (22 U.S.C. 6203(d)), by inserting
``the Open Technology Fund,'' before ``the Middle East
Broadcasting Networks'';
(B) in sections 305(a)(20) and 310(c) (22 U.S.C.
6204(a)(20) and 6209(c)), by inserting ``the Open Technology
Fund,'' before ``or the Middle East Broadcasting Networks''
each place such term appears; and
(C) in section 310 (22 U.S.C. 6209), by inserting ``the
Open Technology Fund,'' before ``and the Middle East
Broadcasting Networks'' each place such term appears.
(3) Authorization of appropriations.--There is authorized
to be appropriated for the Open Technology Fund, which shall
be used to carry out section 309A of the United States
International Broadcasting Act of 1994, as added by paragraph
(1)--
(A) $20,000,000 for fiscal year 2021; and
(B) $25,000,000 for fiscal year 2022.
(e) United States Advisory Commission on Public
Diplomacy.-- Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) is amended by
striking ``October 1, 2020'' and inserting ``October 1,
2025''.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 393), as most recently amended
by section 1217 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is further amended by
striking ``beginning on October 1, 2019, and ending on
December 31, 2020'' and inserting ``beginning on October 1,
2020, and ending on December 31, 2021''.
(b) Modification to Limitation.--Subsection (d)(1) of such
section is amended--
(1) by striking ``beginning on October 1, 2019, and ending
on December 31, 2020'' and inserting ``beginning on October
1, 2020, and ending on December 31, 2021''; and
(2) by striking ``$450,000,000'' and inserting
``$180,000,000''.
SEC. 1212. EXTENSION AND MODIFICATION OF COMMANDERS'
EMERGENCY RESPONSE PROGRAM.
Section 1201 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1619), as most
recently amended by section 1208(a) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
is further amended--
(1) in subsection (a)--
(A) by striking ``December 31, 2020'' and inserting
``December 31, 2021''; and
(B) by striking ``$2,500,000'' and inserting
``$2,000,000'';
(2) in subsection (b), by striking the subsection
designation and heading and all that follows through the
period at the end of paragraph (1) and inserting the
following:
``(b) Quarterly Reports.--
``(1) In general.--Beginning in fiscal year 2021, not later
than 45 days after the end of each quarter fiscal year, the
Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that quarter fiscal
year that were made available pursuant to the authority
provided in this section or under any other provision of law
for the purposes of the program under subsection (a).''; and
(3) in subsection (f), by striking ``December 31, 2020''
and inserting ``December 31, 2021''.
SEC. 1213. EXTENSION AND MODIFICATION OF SUPPORT FOR
RECONCILIATION ACTIVITIES LED BY THE GOVERNMENT
OF AFGHANISTAN.
(a) Modification of Authority To Provide Covered Support.--
Subsection (a) of section 1218 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is
amended--
(1) by striking the subsection designation and heading and
all that follows through ``The Secretary of Defense'' and
inserting the following:
``(a) Authority To Provide Covered Support.--
``(1) In general.--Subject to paragraph (2), the Secretary
of Defense''; and
(2) by adding at the end the following new paragraph:
``(2) Limitation on use of funds.--Amounts authorized to be
appropriated or otherwise made available for the Department
of Defense by this Act may not be obligated or expended to
provide covered support until the date on which the Secretary
of Defense submits to the appropriate committees of Congress
the report required by subsection (b).''.
(b) Participation in Reconciliation Activities.--Such
section is further amended--
(1) by redesignating subsections (i) through (k) as
subsections (j) through (l), respectively;
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Participation in Reconciliation Activities.--Covered
support may only be used to support a reconciliation activity
that--
``(1) includes the participation of members of the
Government of Afghanistan; and
``(2) does not restrict the participation of women.''.
(c) Extension.--Subsection (k) of such section, as so
redesignated, is amended by striking ``December 31, 2020''
and inserting ``December 31, 2021''.
(d) Exclusions From Covered Support.--Such section is
further amended in paragraph (2)(B) of subsection (l), as so
redesignated--
(1) in clause (ii), by inserting ``, reimbursement for
travel or lodging, and stipends or per diem payments'' before
the period at the end; and
(2) by adding at the end the following new clause:
``(iii) Any activity involving one or more members of an
organization designated as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189) or an individual designated as a
specially designated global terrorist pursuant to Executive
Order 13224 (50 U.S.C. 1701 note; relating to blocking
property and prohibiting transactions with persons who
commit, threaten to commit, or support terrorism).''.
SEC. 1214. SENSE OF SENATE ON SPECIAL IMMIGRANT VISA PROGRAM
FOR AFGHAN ALLIES.
It is the sense of the Senate that--
(1) the special immigrant visa program for Afghan allies is
critical to the mission in Afghanistan and the long-term
interests of the United States;
(2) maintaining a robust special immigrant visa program for
Afghan allies is necessary to support United States
Government personnel in Afghanistan who need translation,
interpretation, security, and other services;
(3) Afghan allies routinely risk their lives to assist
United States military and diplomatic personnel;
(4) honoring the commitments made to Afghan allies with
respect to the special immigrant visa program is essential to
ensuring--
(A) the continued service and safety of such allies; and
(B) the willingness of other like-minded individuals to
provide similar services in any future contingency;
(5) the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101
note) states that all Government-controlled processing of
applications for special immigrant visas under that Act
``should be completed not later than 9 months after the date
on which an eligible alien submits all required materials to
complete an application for such visa'';
(6) any backlog in processing special immigrant visa
applications should be addressed as quickly as possible so as
to honor the United States commitment to Afghan allies as
soon as possible;
(7) failure to process such applications in an expeditious
manner puts lives at risk and jeopardizes a critical element
of support to United States operations in Afghanistan; and
(8) to prevent harm to the operations of the United States
Government in Afghanistan, additional visas should be made
available to principal aliens who are eligible for special
immigrant status under that Act.
SEC. 1215. SENSE OF SENATE AND REPORT ON UNITED STATES
PRESENCE IN AFGHANISTAN.
(a) Sense of the Senate.--It is the sense of the Senate
that--
(1) the United States and our coalition partners have made
progress in the fight against al-Qaeda and ISIS in
Afghanistan; however, both groups--
(A) maintain an ability to operate in Afghanistan;
(B) seek to undermine stability in the region; and
(C) threaten the security of Afghanistan, the United
States, and the allies of the United States;
(2) the South Asia strategy correctly emphasizes the
importance of a conditions-based United States presence in
Afghanistan; therefore, any decision to withdraw the Armed
Forces of the United States from Afghanistan should be done
in an orderly manner in response to conditions on the ground,
and in coordination with the Government of Afghanistan and
United States allies and partners in the Resolute Support
mission, rather than arbitrary timelines;
(3) a precipitous withdrawal of the Armed Forces of the
United States and United States diplomatic and intelligence
personnel from Afghanistan without effective, countervailing
efforts to secure gains in Afghanistan may allow violent
extremist groups to regenerate, threatening the security of
the Afghan people and creating a security vacuum that could
destabilize the region and provide ample safe haven for
extremist groups seeking to conduct external attacks;
(4) ongoing diplomatic efforts to secure a peaceful,
negotiated solution to the conflict in Afghanistan are the
best path forward for establishing long-term stability and
eliminating the threat posed by extremist groups in
Afghanistan;
(5) the United States supports international diplomatic
efforts to facilitate peaceful, negotiated resolution to the
ongoing conflict in Afghanistan on terms that respect the
rights of innocent civilians and deny safe havens to
terrorists; and
(6) as part of such diplomatic efforts, and as a condition
to be met prior to withdrawal,
[[Page S6824]]
the United States should seek to secure the release of any
United States citizens being held against their will in
Afghanistan.
(b) Report.--
(1) In general.--Not later than September 1, 2020, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representative a
report that includes--
(A) an assessment of--
(i) the external threat posed by extremist groups operating
in Afghanistan to the United States homeland and the
homelands of United States allies;
(ii) the impact of cessation of United States
counterterrorism activities on the size, strength, and
external aims of such groups; and
(iii) the international financial support the Afghan
National Defense and Security Forces requires in order to
maintain current operational capabilities, including force
cohesion and combat effectiveness;
(B) a plan for the orderly transition of all security-
related tasks currently undertaken by the Armed Forces of the
United States in support of the Afghan National Defense and
Security Forces to Afghanistan, including--
(i) precision targeting of Afghanistan-based terrorists;
(ii) combat-enabler support, such as artillery and aviation
assets; and
(iii) noncombat-enabler support, such as intelligence,
surveillance and reconnaissance, medical evacuation, and
contractor logistic support; and
(C) an update on the status of any United States citizens
detained in Afghanistan, and an overview of Administration
efforts to secure their release.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. EXTENSION OF AUTHORITY AND LIMITATION ON USE OF
FUNDS TO PROVIDE ASSISTANCE TO COUNTER THE
ISLAMIC STATE OF IRAQ AND SYRIA.
(a) Extension.--Subsection (a) of section 1236 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3558), as most recently amended by section 1233(a)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2039), is
further amended, in the matter preceding paragraph (1), by
striking ``December 31, 2020'' and inserting ``December 31,
2021''.
(b) Funding.--Subsection (g) of such section 1236, as most
recently amended by section 1221 of the National Defense
Authorization Act for Fiscal year 2020 (Public Law 116-92),
is amended to read as follows:
``(g) Funding.--
``(1) In general.--Of the amounts authorized to be
appropriated for the Department of Defense for Overseas
Contingency Operations for fiscal year 2021, not more than
$322,500,000 may be used to carry out this section.
``(2) Limitation and report.--
``(A) In general.--Of the funds authorized to be
appropriated under paragraph (1), not more than 25 percent
may be obligated or expended until the date on which the
Secretary of Defense submits to the appropriate congressional
committees a report that includes the following:
``(i) An explanation of the manner in which such support
aligns with the objectives contained in the national defense
strategy.
``(ii) A description of the manner in which such support is
synchronized with larger whole-of-government funding efforts
to strengthen the bilateral relationship between the United
States and Iraq.
``(iii) A description of--
``(I) actions taken by the Government of Iraq to assert
control over popular mobilization forces; and
``(II) the role of popular mobilization forces in the
national security apparatus of Iraq.
``(iv) A plan to fully transition security assistance for
the Iraqi Security Forces from the Counter-Islamic State of
Iraq and Syria Train and Equip Fund to standing security
assistance authorities managed by the Defense Security
Cooperation Agency and the Department of State by not later
than September 30, 2022.
``(B) Form.--The report under subparagraph (A) shall be
submitted in unclassified form but may include a classified
annex.''.
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO VETTED SYRIAN GROUPS AND
INDIVIDUALS.
Section 1209 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 127 Stat. 3541), as most recently
amended by section 1222(a) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
is further amended--
(1) in the section heading, by striking ``the vetted syrian
opposition'' and inserting ``vetted syrian groups and
individuals'';
(2) in subsection (a), in the matter preceding paragraph
(1), by striking ``December 31, 2020'' and inserting
``December 31, 2021'';
(3) by striking subsections (b) and (c);
(4) by redesignating subsections (d) through (m) as
subsections (b) through (k), respectively; and
(5) in paragraph (2) of subsection (b), as so
redesignated--
(A) in subparagraph (J)(iii), by redesignating subclause
(I) as subparagraph (M) and moving the subparagraph four ems
to the left;
(B) by redesignating subparagraphs (A) through (F) and (G)
through (J) as subparagraphs (B) through (G) and (I) through
(L), respectively;
(C) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) An accounting of the obligation and expenditure of
authorized funding for the current and preceding fiscal
year.'';
(D) by inserting after subparagraph (G), as so
redesignated, the following new subparagraph (H):
``(H) The mechanisms and procedures that will be used to
monitor and report to the appropriate congressional
committees and leadership of the Senate and House of
Representatives any unauthorized end-use of provided training
and equipment or other violations of relevant law by
appropriately vetted recipients.''; and
(E) by adding at the end the following new subparagraph:
``(N) Any other matter the Secretary considers
appropriate.''.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE OF
SECURITY COOPERATION IN IRAQ.
(a) Limitation on Amount.--Subsection (c) of section 1215
of the National Defense Authorization Act for Fiscal Year
2015 (10 U.S.C. 113 note) is amended--
(1) by striking ``fiscal year 2020'' and inserting ``fiscal
year 2021''; and
(2) by striking ``$30,000,000'' and inserting
``$15,000,000''.
(b) Source of Funds.--Subsection (d) of such section is
amended by striking ``fiscal year 2020'' and inserting
``fiscal year 2021''.
(c) Additional Authority.--Subsection (f) of such section
is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``fiscal year 2019'' and inserting ``fiscal
year 2021''; and
(2) in paragraph (3), by striking ``the National Defense
Authorization Act for Fiscal Year 2020'' and inserting ``the
National Defense Authorization Act for Fiscal Year 2021''.
(d) Report.--Subsection (g)(1) of such section is amended
by striking ``September 30, 2020'' and inserting ``March 1,
2021''.
(e) Limitation on Availability of Funds.--Subsection (h) of
such section is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``fiscal year 2020'' and inserting ``fiscal
year 2021''; and
(B) by striking ``$20,000,000'' and inserting
``$10,000,000'';
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(4) in paragraph (1), as so redesignated, by striking ``The
development of a staffing plan'' and inserting ``A progress
report with respect to the development of a staffing plan'';
and
(5) in paragraph (2), as so redesignated, by striking ``The
initiation'' and inserting ``A progress report with respect
to the initiation''.
Subtitle D--Matters Relating to Europe and the Russian Federation
SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION
BETWEEN THE UNITED STATES AND THE RUSSIAN
FEDERATION.
Section 1232(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), as
most recently amended by section 1231 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
is further amended in the matter preceding paragraph (1), by
striking ``, 2019, or 2020'' and inserting ``2019, 2020, or
2021''.
SEC. 1232. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO
SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER
CRIMEA.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act for fiscal year 2021 for the
Department of Defense may be obligated or expended to, and
the Department may not, implement any activity that
recognizes the sovereignty of the Russian Federation over
Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence
of the Secretary of State, may waive the prohibition under
subsection (a) if the Secretary of Defense--
(1) determines that a waiver is in the national security
interest of the United States; and
(2) on the date on which the waiver is invoked, submits a
notification of the waiver and a justification of the reason
for seeking the waiver to--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1233. MODIFICATION AND EXTENSION OF UKRAINE SECURITY
ASSISTANCE INITIATIVE.
Section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068), as most
recently amended by section 1244 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
is further amended--
(1) in subsection (c)--
(A) in paragraph (2)(B)--
(i) in clause (iv), by striking ``; and'' and inserting a
semicolon;
[[Page S6825]]
(ii) in clause (v), by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(vi) transformation of command and control structures and
roles in line with North Atlantic Treaty Organization
principles; and
``(vii) improvement of human resources management,
including to support career management reforms, enhanced
social support to military personnel and their families, and
professional military education systems.''; and
(B) by amending paragraph (5) to read as follows:
``(5) Lethal assistance.--Of the funds available for fiscal
year 2021 pursuant to subsection (f)(6), $125,000,000 shall
be available only for lethal assistance described in
paragraphs (2), (3), (11), (12), (13), and (14) of subsection
(b).'';
(2) in subsection (f), by adding at the end the following
new paragraph:
``(6) For fiscal year 2021, $250,000,000.''; and
(3) in subsection (h), by striking ``December 31, 2022''
and inserting ``December 31, 2024''.
SEC. 1234. REPORT ON CAPABILITY AND CAPACITY REQUIREMENTS OF
MILITARY FORCES OF UKRAINE AND RESOURCE PLAN
FOR SECURITY ASSISTANCE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate
committees of Congress a report on the capability and
capacity requirements of the military forces of Ukraine,
which shall include the following:
(1) An analysis of the capability gaps and capacity
shortfalls of the military forces of Ukraine that includes--
(A) an assessment of the requirements of the navy of
Ukraine to accomplish its assigned missions; and
(B) an assessment of the requirements of the air force of
Ukraine to accomplish its assigned missions.
(2) An assessment of the relative priority assigned by the
Government of Ukraine to addressing such capability gaps and
capacity shortfalls.
(3) An assessment of the capability gaps and capacity
shortfalls that--
(A) could be addressed in a sufficient and timely manner by
unilateral efforts of the Government of Ukraine; and
(B) are unlikely to be addressed in a sufficient and timely
manner solely through unilateral efforts.
(4) An assessment of the capability gaps and capacity
shortfalls described in paragraph (3)(B) that could be
addressed in a sufficient and timely manner by--
(A) the Ukraine Security Assistance Initiative of the
Department of Defense;
(B) Department of Defense security assistance authorized by
section 333 of title 10, United States Code;
(C) the Foreign Military Financing and Foreign Military
Sales programs of the Department of State; or
(D) the provision of excess defense articles.
(5) An assessment of the human resources requirements of
the Office of Defense Cooperation at the United States
Embassy in Kyiv and any gaps in the capacity of such Office
of Defense Cooperation to provide security assistance to
Ukraine.
(6) Any recommendations the Secretary of Defense and the
Secretary of State consider appropriate concerning the
coordination of security assistance efforts of the Department
of Defense and the Department of State with respect to
Ukraine.
(b) Resource Plan.--Not later than February 15, 2022, the
Secretary of Defense and the Secretary of State shall jointly
submit to the appropriate committees of Congress a resource
plan for United States security assistance with respect to
Ukraine, which shall include the following:
(1) A plan to resource the following initiatives and
programs with respect to Ukraine in fiscal year 2023 and the
four succeeding fiscal years to meet the most critical
capability gaps and capacity shortfalls of the military
forces of Ukraine:
(A) The Ukraine Security Assistance Initiative of the
Department of Defense.
(B) Department of Defense security assistance authorized by
section 333 of title 10, United States Code.
(C) The Foreign Military Financing and Foreign Military
Sales programs of the Department of State.
(D) The provision of excess defense articles.
(2) With respect to the navy of Ukraine, the following:
(A) A capability development plan, with milestones,
detailing the manner in which the United States will assist
the Government of Ukraine in meeting the requirements
referred to in subsection (a)(1)(A).
(B) A plan for United States cooperation with third
countries and international organizations that have the
resources and ability to provide immediate assistance to the
navy of Ukraine while maintaining interoperability with
United States platforms to the extent feasible.
(C) A plan to prioritize the provision of excess defense
articles for the navy of Ukraine to the extent practicable
during fiscal year 2023 and the four succeeding fiscal years.
(D) An assessment of the manner in which United States
security assistance to the navy of Ukraine is in the national
security interests of the United States.
(3) With respect to the air force of Ukraine, the
following:
(A) A capability development plan, with milestones,
detailing the manner in which the United States will assist
the Government of Ukraine in meeting the requirements
referred to in subsection (a)(1)(B).
(B) A plan for United States cooperation with third
countries and international organizations that have the
resources and ability to provide immediate assistance to the
air force of Ukraine while maintaining interoperability with
United States platforms to the extent feasible.
(C) A plan to prioritize the provision of excess defense
articles for the air force of Ukraine to the extent
practicable during fiscal year 2023 and the four succeeding
fiscal years.
(D) An assessment of the manner in which United States
security assistance to the air force of Ukraine is in the
national security interests of the United States.
(4) An assessment of progress on defense institutional
reforms in Ukraine, including with respect to the navy and
air force of Ukraine, during fiscal year 2023 and the four
succeeding fiscal years that will be essential for--
(A) enabling effective use and sustainment of capabilities
developed under security assistance authorities described in
this section;
(B) enhancing the defense of the sovereignty and
territorial integrity of Ukraine;
(C) achieving the stated goal of the Government of Ukraine
of meeting North Atlantic Treaty Organization standards; and
(D) allowing Ukraine to achieve its full potential as a
strategic partner of the United States.
(c) Form.--The report required by subsection (a) and the
resource plan required by subsection (b) shall each be
submitted in a classified form with an unclassified summary.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1235. SENSE OF SENATE ON NORTH ATLANTIC TREATY
ORGANIZATION ENHANCED OPPORTUNITIES PARTNER
STATUS FOR UKRAINE.
It is the sense of the Senate that--
(1) the United States should support the designation of
Ukraine as an enhanced opportunities partner as part of the
Partnership Interoperability Initiative of the North Atlantic
Treaty Organization;
(2) the participation of Ukraine in the enhanced
opportunities partner program is in the shared security
interests of Ukraine, the United States, and the North
Atlantic Treaty Organization alliance;
(3) the unique experience, capabilities, and technical
expertise of Ukraine, especially with respect to hybrid
warfare, cybersecurity, and foreign disinformation, would
enable Ukraine to make a positive contribution to the North
Atlantic Treaty Organization alliance through participation
in the enhanced opportunities partner program;
(4) while not a replacement for North Atlantic Treaty
Organization membership, participation in the enhanced
opportunities partner program would have significant benefits
for the security of Ukraine, including--
(A) more regular consultations on security matters;
(B) enhanced access to interoperability programs and
exercises;
(C) expanded information sharing; and
(D) improved coordination of crisis preparedness and
response; and
(5) progress on defense institutional reforms in Ukraine,
including defense institutional reforms intended to align the
military forces of Ukraine with North Atlantic Treaty
Organization standards, remains essential for--
(A) a more effective defense of the sovereignty and
territorial integrity of Ukraine;
(B) allowing Ukraine to achieve its full potential as a
strategic partner of the United States; and
(C) increased cooperation between Ukraine and the North
Atlantic Treaty Organization.
SEC. 1236. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN
EUROPEAN NATIONAL SECURITY FORCES IN THE COURSE
OF MULTILATERAL EXERCISES.
Subsection (h) of section 1251 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note),
as most recently amended by section 1247 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92) is further amended--
(1) in the first sentence, by striking ``December 31,
2021'' and inserting ``December 31, 2023''; and
(2) in the second sentence, by striking ``the period
beginning on October 1, 2015, and ending on December 31,
2021'' and inserting ``the period beginning on October 1,
2015, and ending on December 31, 2023''.
SEC. 1237. SENSE OF SENATE ON KOSOVO AND THE ROLE OF THE
KOSOVO FORCE OF THE NORTH ATLANTIC TREATY
ORGANIZATION.
It is the sense of the Senate that--
(1) normalization of relations between Kosovo and Serbia is
in the interest of both countries and would enhance security
and stability in the Western Balkans;
[[Page S6826]]
(2) the United States should continue to support the
diplomatic efforts of Kosovo and Serbia to reach a historic
agreement to normalize relations between the two countries;
(3) mutual recognition should be a central element of
normalization of relations between Kosovo and Serbia;
(4) both Kosovo and Serbia should refrain from actions that
would make an agreement more difficult to achieve;
(5) the Kosovo Force of the North Atlantic Treaty
Organization continues to play an indispensable role in
maintaining security and stability, which are the essential
predicates for the success of the diplomatic efforts of
Kosovo and Serbia to achieve normalization of relations;
(6) the participation of the United States Armed Forces in
the Kosovo Force is foundational to the credibility and
success of mission of the Kosovo Force;
(7) with the North Atlantic Treaty Organization allies and
other European partners contributing over 80 percent of the
troops for the mission, the Kosovo Force represents a
positive example of burden sharing;
(8) together with the allies and partners of the United
States, the United States should--
(A) maintain its commitment to the Kosovo Force; and
(B) take all appropriate steps to ensure that the Kosovo
Force has the necessary personnel, capabilities, and
resources to perform its critical mission; and
(9) the United States should continue to support the
gradual transition of the Kosovo Security Force to a multi-
ethnic army for the Republic of Kosovo that is interoperable
with North Atlantic Treaty Organization members through an
inclusive and transparent process that--
(A) respects the rights and concerns of all citizens of
Kosovo;
(B) promotes regional security and stability; and
(C) supports the aspirations of Kosovo for eventual full
membership in the North Atlantic Treaty Organization.
SEC. 1238. SENSE OF SENATE ON STRATEGIC COMPETITION WITH THE
RUSSIAN FEDERATION AND RELATED ACTIVITIES OF
THE DEPARTMENT OF DEFENSE.
It is the sense of the Senate that--
(1) the 2018 National Defense Strategy affirms the re-
emergence of long-term strategic competition with the Russian
Federation as a principal priority for the Department of
Defense that requires sustained investment due to the
magnitude of the threat posed to United States security,
prosperity, and alliances and partnerships;
(2) given the continued military modernization of the
Russian Federation, including the development of long-range
strike systems and other advanced capabilities, the United
States should prioritize efforts within the North Atlantic
Treaty Organization to implement timely measures to ensure
that the deterrence and defense posture of the North Atlantic
Treaty Organization remains credible and effective;
(3) the United States should reaffirm support for the open-
door policy of the North Atlantic Treaty Organization;
(4) to enhance deterrence against aggression by the Russian
Federation, the Department of Defense should--
(A) continue--
(i) to prioritize funding for the European Deterrence
Initiative to address capability gaps, capacity shortfalls,
and infrastructure requirements of the Joint Force in Europe;
(ii) to increase pre-positioned stocks of equipment in
Europe; and
(iii) rotational deployments of United States forces to
Romania and Bulgaria while pursuing training opportunities at
military locations such as Camp Mihail Kogalniceanu in
Romania and Novo Selo Training Area in Bulgaria;
(B) increase--
(i) focus and resources to address the changing military
balance in the Black Sea region;
(ii) the frequency, scale, and scope of North Atlantic
Treaty Organization and other multilateral exercises in the
Black Sea region, including with the participation of Ukraine
and Georgia; and
(iii) presence and activities in the Arctic, including
special operations training and naval operations and
training;
(C) maintain robust naval presence at Souda Bay, Greece,
and pursue opportunities for increased United States presence
at other locations in Greece;
(D) enhance military-to-military engagement among Western
Balkan countries to promote interoperability with the North
Atlantic Treaty Organization and regional security
cooperation; and
(E) expand information sharing, improve planning
coordination, and increase the frequency, scale, and scope of
exercises with Sweden and Finland to deepen interoperability;
and
(5) to counter Russian Federation activities short of armed
conflict, the Department of Defense should--
(A) integrate with United States interagency efforts to
employ all elements of national power to counter Russian
Federation hybrid warfare; and
(B) bolster the capabilities of allies and partners to
counteract Russian Federation coercion, including through
expanded cyber cooperation and enhanced resilience against
disinformation and malign influence.
SEC. 1239. REPORT ON RUSSIAN FEDERATION SUPPORT OF RACIALLY
AND ETHNICALLY MOTIVATED VIOLENT EXTREMISTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the head of any other relevant Federal
department or agency, shall submit to the appropriate
committees of Congress a report on Russian Federation support
of racially and ethnically motivated violent extremist groups
and networks in Europe and the United States, including such
support provided by agents and entities of the Russian
Federation acting at the direction or for the benefit of the
Government of the Russian Federation.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A list of each racially or ethnically motivated violent
extremist group or network in Europe or the United States
known to meet, or suspected of meeting, the following
criteria:
(A) The group or network has been targeted or recruited by
the security services of the Russian Federation.
(B) The group or network has received support (including
training, disinformation or amplification on social media
platforms, financial support, and any other support) from the
Russian Federation or an agent or entity of the Russian
Federation acting at the direction or for the benefit of the
Government of the Russian Federation.
(C) The group--
(i) has leadership or a base of operations located within
the Russian Federation; and
(ii) operates or maintains a chapter or network of the
group in Europe or the United States.
(2) An assessment of the manner in which Russian Federation
support of such groups or networks aligns with the strategic
interests of the Russian Federation with respect to Europe
and the United States.
(3) An assessment of the role of such groups or networks
in--
(A) assisting Russian Federation-backed separatist forces
in the Donbas region of Ukraine; or
(B) destabilizing security on the Crimean peninsula of
Ukraine.
(4) An assessment of the manner in which Russian Federation
support of such groups or networks has--
(A) contributed to the destabilization of security in the
Balkans; and
(B) threatened the support for the North Atlantic Treaty
Organization in Southeastern Europe.
(5) A description of any relationship or affiliation
between such groups or networks and ultranationalist or
extremist political parties in Europe and the United States,
and an assessment of the manner in which the Russian
Federation may use such a relationship or affiliation to
advance the strategic interests of the Russian Federation.
(6) A description of the use by the Russian Federation of
social media platforms to support or amplify the presence or
messaging of such groups or networks, and an assessment of
any effort in Europe or the United States to counter such
support or amplification.
(7) A description of the legal and political implications
of the designation of the Russian Imperial Movement, and
members of the leadership of the Russian Imperial Movement,
as specially designated global terrorists pursuant to
Executive Order 13224 (50 U.S.C. 1701 note; relating to
blocking property and prohibiting transactions with persons
who commit, threaten to commit, or support terrorism) and the
response of the Government of the Russian Federation to such
designation.
(8) Recommendations of the Secretary of Defense, consistent
with a whole-of-government approach to countering Russian
Federation information warfare and malign influence
operations--
(A) to mitigate the security threat posed by such groups or
networks; and
(B) to reduce or counter Russian Federation support for
such groups or networks.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1240. PARTICIPATION IN EUROPEAN PROGRAM ON MULTILATERAL
EXCHANGE OF SURFACE TRANSPORTATION SERVICES.
(a) In General.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by inserting after subsection
(l) the following new section 2350m:
``Sec. 2350m. Participation in European program on
multilateral exchange of surface transportation services
``(a) Participation Authorized.--
``(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, may authorize the
participation of the Department of Defense in the Surface
Exchange of Services program (in this section referred to as
the `SEOS program') of the Movement Coordination Centre
Europe.
``(2) Scope of participation.--Participation of the
Department of Defense in the
[[Page S6827]]
SEOS program under paragraph (1) may include--
``(A) the reciprocal exchange or transfer of surface
transportation on a reimbursable basis or by replacement-in-
kind; and
``(B) the exchange of surface transportation services of an
equal value.
``(b) Written Arrangement or Agreement.--
``(1) In general.--Participation of the Department of
Defense in the SEOS program shall be in accordance with a
written arrangement or agreement entered into by the
Secretary of Defense, with the concurrence of the Secretary
of State, and the Movement Coordination Centre Europe.
``(2) Notification.--The Secretary of Defense shall provide
to the congressional defense committees notification of any
arrangement or agreement entered into under paragraph (1).
``(3) Funding arrangements.--If Department of Defense
facilities, equipment, or funds are used to support the SEOS
program, the written arrangement or agreement under paragraph
(1) shall specify the details of any equitable cost-sharing
or other funding arrangement.
``(4) Other elements.--Any written arrangement or agreement
entered into under paragraph (1) shall require that any
accrued credits or liability resulting from an unequal
exchange or transfer of surface transportation services shall
be liquidated through the SEOS program not less than once
every five years.
``(c) Implementation.--In carrying out any arrangement or
agreement entered into under subsection (b), the Secretary of
Defense may--
``(1) pay the equitable share of the Department of Defense
for the operating expenses of the Movement Coordination
Centre Europe and the SEOS program from funds available to
the Department of Defense for operation and maintenance; and
``(2) assign members of the armed forces or Department of
Defense civilian personnel, within billets authorized for the
United States European Command, to duty at the Movement
Coordination Centre Europe as necessary to fulfill Department
of Defense obligations under that arrangement or agreement.
``(d) Crediting of Receipts.--Any amount received by the
Department of Defense as part of the SEOS program shall be
credited, at the option of the Secretary of Defense, to--
``(1) the appropriation, fund, or account used in incurring
the obligation for which such amount is received; or
``(2) an appropriate appropriation, fund, or account
currently available for the purposes for which the
expenditures were made.
``(e) Annual Report.--
``(1) In general.--Not later than 30 days after the end of
each fiscal year in which the authority under this section is
in effect, the Secretary of Defense shall submit to the
congressional defense committees a report on Department of
Defense participation in the SEOS program during such fiscal
year.
``(2) Elements.--Each report required by paragraph (1)
shall include the following:
``(A) A description of the equitable share of the costs and
activities of the SEOS program paid by the Department of
Defense.
``(B) A description of any amount received by the
Department of Defense as part of such program, including the
country from which the amount was received.
``(f) Limitation on Statutory Construction.--Nothing in
this section may be construed to authorize the use of foreign
sealift in violation of section 2631.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2350l the following new item:
``2350m. Participation in European program on multilateral exchange of
surface transportation services.''.
SEC. 1241. PARTICIPATION IN PROGRAMS RELATING TO COORDINATION
OR EXCHANGE OF AIR REFUELING AND AIR
TRANSPORTATION SERVICES.
(a) In General.--Subchapter II of chapter 138 of title 10,
United States Code, as amended by section 1240(a), is further
amended by adding at the end the following new section:
``Sec. 2350o. Participation in programs relating to
coordination or exchange of air refueling and air
transportation services
``(a) Participation Authorized.--
``(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, may authorize the
participation of the Department of Defense in programs
relating to the coordination or exchange of air refueling and
air transportation services, including in the arrangement
known as the Air Transport and Air-to-Air Refueling and other
Exchanges of Services program (in this section referred to as
the `ATARES program').
``(2) Scope of participation.--Participation of the
Department of Defense in programs referred to in paragraph
(1) may include--
``(A) the reciprocal exchange or transfer of air refueling
and air transportation services on a reimbursable basis or by
replacement-in-kind; and
``(B) the exchange of air refueling and air transportation
services of an equal value.
``(3) Limitations with respect to participation in atares
program.--
``(A) In general.--The Department of Defense balance of
executed flight hours in participation in the ATARES program
under paragraph (1), whether as credits or debits, may not
exceed a total of 500 hours.
``(B) Air refueling.--The Department of Defense balance of
executed flight hours for air refueling in participation in
the ATARES program under paragraph (1) may not exceed 200
hours.
``(b) Written Arrangement or Agreement.--Participation of
the Department of Defense in a program referred to in
subsection (a)(1) shall be in accordance with a written
arrangement or agreement entered into by the Secretary of
Defense, with the concurrence of the Secretary of State.
``(c) Implementation.--In carrying out any arrangement or
agreement entered into under subsection (b), the Secretary of
Defense may--
``(1) pay the equitable share of the Department of Defense
for the recurring and nonrecurring costs of the applicable
program referred to in subsection (a)(1) from funds available
to the Department for operation and maintenance; and
``(2) assign members of the armed forces or Department of
Defense civilian personnel to fulfill Department obligations
under that arrangement or agreement.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter, as amended by section 1240(b),
is further amended by adding at the end the following new
item:
``2350o. Participation in programs relating to coordination or exchange
of air refueling and air transportation services.''.
(c) Repeal.--Section 1276 of the National Defense
Authorization Act for Fiscal Year 2013 (10 U.S.C. 2350c note)
is repealed.
SEC. 1242. SENSE OF CONGRESS ON SUPPORT FOR COORDINATED
ACTION TO ENSURE THE SECURITY OF BALTIC ALLIES.
It is the sense of Congress that--
(1) the continued security of the Baltic states of Estonia,
Latvia, and Lithuania is critical to achieving United States
national security interests and defense objectives against
the acute and formidable threat posed by Russia;
(2) the United States and the Baltic states are leaders in
the mission of defending independence and democracy from
aggression and in promoting stability and security within the
North Atlantic Treaty Organization (NATO), with non-NATO
partners, and with other international organizations such as
the European Union;
(3) the Baltic states are model NATO allies in terms of
burden sharing and capital investment in materiel critical to
United States and allied security, investment of over 2
percent of their gross domestic product on defense
expenditure, allocating over 20 percent of their defense
budgets on capital modernization, matching security
assistance from the United States, frequently deploying their
forces around the world in support of allied and United
States objectives, and sharing diplomatic, technical,
military, and analytical expertise on defense and security
matters;
(4) the United States should continue to strengthen
bilateral and multilateral defense by, with, and through
allied nations, particularly those that possess expertise and
dexterity but do not enjoy the benefits of national economies
of scale;
(5) the United States should pursue a dedicated initiative
focused on defense and security assistance, coordination, and
planning designed to ensure the continued security of the
Baltic states and on deterring current and future challenges
to the national sovereignty of United States allies and
partners in the Baltic region; and
(6) such an initiative should include an innovative and
comprehensive conflict deterrence strategy for the Baltic
region encompassing the unique geography of the Baltic
states, modern and diffuse threats to their land, sea, and
air spaces, and necessary improvements to their defense
posture, including command-and-control infrastructure,
intelligence, surveillance, and reconnaissance capabilities,
communications equipment and networks, and special forces.
Subtitle E--Matters Relating to the Indo-Pacific Region
SEC. 1251. PACIFIC DETERRENCE INITIATIVE.
(a) In General.--The Secretary of Defense shall carry out
an initiative to ensure the effective implementation of the
National Defense Strategy with respect to the Indo-Pacific
region, to be known as the ``Pacific Deterrence Initiative''
(in this section referred to as the ``Initiative'').
(b) Purpose.--The purpose of the Initiative is to carry out
only the following activities:
(1) Activities to increase the lethality of the joint force
in the Indo-Pacific region, including, but not limited to--
(A) by improving active and passive defenses against
theater cruise, ballistic, and hypersonic missiles for bases,
operating locations, and other critical infrastructure at
locations west of the International Date Line; and
(B) procurement and fielding of--
(i) long-range precision strike systems to be stationed or
pre-positioned west of the International Date Line;
(ii) critical munitions to be pre-positioned at locations
west of the International Date Line; and
(iii) command, control, communications, computers and
intelligence, surveillance, and reconnaissance systems
intended for stationing or operational use in the Indo-
Pacific region.
[[Page S6828]]
(2) Activities to enhance the design and posture of the
joint force in the Indo-Pacific region, including, but not
limited to, by--
(A) transitioning from large, centralized, and unhardened
infrastructure to smaller, dispersed, resilient, and adaptive
basing at locations west of the International Date Line;
(B) increasing the number and capabilities of expeditionary
airfields and ports in the Indo-Pacific region available for
operational use at locations west of the International Date
Line;
(C) enhancing pre-positioned forward stocks of fuel,
munitions, equipment, and materiel at locations west of the
International Date Line;
(D) increasing the availability of strategic mobility
assets in the Indo-Pacific region;
(E) improving distributed logistics and maintenance
capabilities in the Indo-Pacific region to ensure logistics
sustainment while under persistent multidomain attack; and
(F) increasing the presence of the Armed Forces at
locations west of the International Date Line.
(3) Activities to strengthen alliances and partnerships,
including, but not limited to, by--
(A) building capacity of allies and partners; and
(B) improving--
(i) interoperability and information sharing with allies
and partners; and
(ii) information operations capabilities in the Indo-
Pacific region, with a focus on reinforcing United States
commitment to allies and partners and countering malign
influence.
(4) Activities to carry out a program of exercises,
experimentation, and innovation for the joint force in the
Indo-Pacific region.
(c) Plan Required.--Not later than February 15, 2021, the
Secretary, in consultation with the Commander of the United
States Indo-Pacific Command, shall submit to the
congressional defense committees a plan to expend not less
than the amounts authorized to be appropriated under
subsection (e)(2).
(d) Budget Display Information.--The Secretary shall
include in the materials of the Department of Defense in
support of the budget of the President (submitted to Congress
pursuant to section 1105 of title 31, United States Code) for
fiscal year 2022 and each fiscal year thereafter a detailed
budget display for the Initiative that includes the following
information:
(1) A future-years plan with respect to activities and
resources for the Initiative for the applicable fiscal year
and not fewer than the four following fiscal years.
(2) With respect to procurement accounts--
(A) amounts displayed by account, budget activity, line
number, line item, and line item title; and
(B) a description of the requirements for such amounts
specific to the Initiative.
(3) With respect to research, development, test, and
evaluation accounts--
(A) amounts displayed by account, budget activity, line
number, program element, and program element title; and
(B) a description of the requirements for such amounts
specific to the Initiative.
(4) With respect to operation and maintenance accounts--
(A) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(B) a description of the specific manner in which such
amounts will be used.
(5) With respect to military personnel accounts--
(A) amounts displayed by account, budget activity, budget
subactivity, and budget subactivity title; and
(B) a description of the requirements for such amounts
specific to the Initiative.
(6) With respect to each project under military
construction accounts (including with respect to unspecified
minor military construction and amounts for planning and
design), the country, location, project title, and project
amount by fiscal year.
(7) With respect to the activities described in subsection
(b)--
(A) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(B) a description of the specific manner in which such
amounts will be used.
(8) With respect to each military service--
(A) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(B) a description of the specific manner in which such
amounts will be used.
(9) With respect to the amounts described in each of
paragraphs (2)(A), (3)(A), (4)(A), (5)(A), (6), (7)(A), and
(8)(A), a comparison between--
(A) the amount in the budget of the President for the
following fiscal year; and
(B) the amount projected in the previous budget of the
President for the following fiscal year.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out the
activities of the Initiative described in subsection (b) the
following:
(1) For fiscal year 2021, $1,406,417,000, as specified in
the funding table in section 4502.
(2) For fiscal year 2022, $5,500,000,000.
(f) Repeal.--Section 1251 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1676), as most recently amended by section 1253 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2054), is
repealed.
SEC. 1252. SENSE OF SENATE ON THE UNITED STATES-VIETNAM
DEFENSE RELATIONSHIP.
In commemoration of the 25th anniversary of the
normalization of diplomatic relations between the United
States and Vietnam, the Senate--
(1) welcomes the historic progress and achievements in
United States-Vietnam relations over the last 25 years;
(2) congratulates Vietnam on its chairmanship of the
Association of Southeast Asian Nations and its election as a
nonpermanent member of the United Nations Security Council,
both of which symbolize the positive leadership role of
Vietnam in regional and global affairs;
(3) commends the commitment of Vietnam to resolve
international disputes through peaceful means on the basis of
international law;
(4) affirms the commitment of the United States--
(A) to respect the independence and sovereignty of Vietnam;
and
(B) to establish and promote friendly relations and work
together on an equal footing for mutual benefit with Vietnam;
(5) encourages the United States and Vietnam to elevate
their comprehensive partnership to a strategic partnership
based on mutual understanding, shared interests, and a common
desire to promote peace, cooperation, prosperity, and
security in the Indo-Pacific region;
(6) affirms the commitment of the United States to continue
to address war legacy issues, including through dioxin
remediation, unexploded ordnance removal, accounting for
prisoners of war and soldiers missing in action, and other
activities; and
(7) supports deepening defense cooperation between the
United States and Vietnam, including with respect to maritime
security, cybersecurity, counterterrorism, information
sharing, humanitarian assistance and disaster relief,
military medicine, peacekeeping operations, defense trade,
and other areas.
SEC. 1253. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN
CLEANUP.
(a) Transfer Authority.--Notwithstanding section 2215 of
title 10, United States Code, the Secretary of Defense may
transfer to the Secretary of State, for use by the United
States Agency for International Development, amounts to be
used for the Bien Hoa dioxin cleanup in Vietnam.
(b) Limitation on Amount.--Not more than $15,000,000 may be
transferred in fiscal year 2021 under the transfer authority
in subsection (a).
(c) Additional Transfer Authority.--The transfer authority
in subsection (a) is in addition to any other transfer
authority available to the Department of Defense.
(d) Notice on Exercise of Authority.--If the Secretary of
Defense determines to use the transfer authority in
subsection (a), the Secretary shall notify the congressional
defense committee of that determination not later than 30
days before the Secretary uses the transfer authority.
SEC. 1254. COOPERATIVE PROGRAM WITH VIETNAM TO ACCOUNT FOR
VIETNAMESE PERSONNEL MISSING IN ACTION.
(a) In General.--The Secretary of Defense, in cooperation
with other appropriate Federal departments and agencies, is
authorized to carry out a cooperative program with the
Ministry of Defense of Vietnam to assist in accounting for
Vietnamese personnel missing in action.
(b) Purpose.--The purpose of the cooperative program under
subsection (a) is to carry out the following activities:
(1) Collection, digitization, and sharing of archival
information.
(2) Building the capacity of Vietnam to conduct archival
research, investigations, and excavations.
(3) Improving DNA analysis capacity.
(4) Increasing veteran-to-veteran exchanges.
(5) Other support activities the Secretary considers
necessary and appropriate.
SEC. 1255. PROVISION OF GOODS AND SERVICES AT KWAJALEIN
ATOLL, REPUBLIC OF THE MARSHALL ISLANDS.
(a) In General.--Chapter 767 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7596. Provision of goods and services at Kwajalein
Atoll
``(a) Authority.--(1) Except as provided in paragraph (2),
the Secretary of the Army, with the concurrence of the
Secretary of State, may provide goods and services, including
interatoll transportation, to the Government of the Republic
of the Marshall Islands and other eligible patrons, as
determined by the Secretary of the Army, at Kwajalein Atoll.
``(2) The Secretary of the Army may not provide goods or
services under this section if doing so would be
inconsistent, as determined by the Secretary of State, with
the Compact of Free Association between the Government of the
United States and the Government of the Republic of the
Marshall Islands or any subsidiary agreement or implementing
arrangement.
``(b) Reimbursement.--(1) The Secretary of the Army may
collect reimbursement from the Government of the Republic of
the Marshall Islands and eligible patrons for the provision
of goods or services under subsection (a).
``(2) The amount collected for goods or services under this
subsection may not be
[[Page S6829]]
greater than the total amount of actual costs to the United
States for providing the goods or services.
``(c) Necessary Expenses.--Amounts appropriated to the
Department of the Army may be used for necessary expenses
associated with providing goods and services under this
section.
``(d) Regulations.--The Secretary of the Army shall issue
regulations to carry out this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``7596. Provision of goods and services at Kwajalein Atoll.''.
(c) Briefing.--Not later than December 31, 2021, the
Secretary of the Army shall provide to the congressional
defense committees a briefing on the use of the authority
under section 7596(a) of title 10, United States Code, as
added by subsection (a), in fiscal year 2021, including a
written summary describing the goods and services provided on
a reimbursable basis and the goods and services provided on a
nonreimbursable basis.
SEC. 1256. AUTHORITY TO ESTABLISH A MOVEMENT COORDINATION
CENTER PACIFIC IN THE INDO-PACIFIC REGION AND
PARTICIPATE IN AN AIR TRANSPORT AND AIR-TO-AIR
REFUELING AND OTHER EXCHANGES OF SERVICES
PROGRAM.
(a) In General.--The Secretary of Defense, with the
concurrence of the Secretary of State, may authorize--
(1) the establishment of a Movement Coordination Center
Pacific (in this section referred to as the ``Center''); and
(2) participation of the Department of Defense in an Air
Transport and Air-to-Air Refueling and other Exchanges of
Services program (in this section referred to as the ``ATARES
program'') of the Center.
(b) Scope of Participation.--Participation of the
Department in the ATARES program shall be limited to--
(1) the reciprocal exchange or transfer of air
transportation and air refueling services on a reimbursable
basis or by replacement-in-kind; and
(2) the exchange of air transportation or air refueling
services of equal value.
(c) Limitations.--
(1) Transportation hours.--The Department balance of
executed transportation hours in the ATARES program, whether
as credits or debits, may not exceed 500 hours.
(2) Flight hours.--The Department balance of executed
flight hours for air refueling in the ATARES program may not
exceed 200 hours.
(d) Written Arrangement or Agreement.--
(1) In general.--Participation of the Department in the
ATARES program shall be in accordance with a written
arrangement or agreement entered into by the Secretary of
Defense, with the concurrence of the Secretary of State.
(2) Funding arrangements.--If Department facilities,
equipment, or funds are used to support the ATARES program,
the written arrangement or agreement under paragraph (1)
shall specify the details of any equitable cost-sharing or
other funding arrangement.
(3) Other elements.--Any written arrangement or agreement
entered into under paragraph (1) shall require any accrued
credit or liability resulting from an unequal exchange or
transfer of air transportation or air refueling services to
be liquidated through the ATARES program not less frequently
than once every five years.
(e) Implementation.--In carrying out any written
arrangement or agreement entered into under subsection (d),
the Secretary of Defense may--
(1) pay the equitable share of the Department for the
operating expenses of the Center and the ATARES program from
funds available to the Department for operation and
maintenance; and
(2) assign members of the Armed Forces or Department
civilian personnel, within billets authorized for the United
States Indo-Pacific Command, to duty at the Center as
necessary to fulfill Department obligations under that
arrangement or agreement.
SEC. 1257. TRAINING OF ALLY AND PARTNER AIR FORCES IN GUAM.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) the memorandum of understanding agreed to by the United
States and the Republic of Singapore on December 6, 2019, to
establish a fighter jet training detachment in Guam should be
commended;
(2) such agreement is a manifestation of the strong,
enduring, and forward-looking partnership of the United
States and the Republic of Singapore; and
(3) the permanent establishment of a fighter detachment in
Guam will further enhance the interoperability of the air
forces of the United States and the Republic of Singapore and
provide training opportunities needed to maximize their
readiness.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report assessing
the merit and feasibility of entering into agreements similar
to the memorandum of understanding referred to in subsection
(a)(1) with other United States allies and partners in the
Indo-Pacific region, including Japan, Australia, and India.
SEC. 1258. STATEMENT OF POLICY AND SENSE OF SENATE ON THE
TAIWAN RELATIONS ACT.
(a) Statement of Policy.--It is the policy of the United
States--
(1) that the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.) and the ``Six Assurances'' provided by
the United States to Taiwan in July 1982 are the foundation
for United States-Taiwan relations;
(2) that nothing in the Taiwan Relations Act (Public Law
96-8; 22 U.S.C. 3301 et seq.) constrains deepening, to the
extent possible, the extensive, close, and friendly relations
of the United States and Taiwan, including defense relations;
(3) that the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.) shall be implemented and executed in a
manner consistent with evolving political, security, and
economic dynamics and circumstances;
(4) that, as set forth in the Taiwan Relations Act (Public
Law 96-8; 22 U.S.C. 3301 et seq.), the United States expects
the ``future of Taiwan will be determined by peaceful
means,'' and that ``any effort to determine the future of
Taiwan by other than peaceful means'' is ``a threat to the
peace and security of the Western Pacific area and of grave
concern to the United States'';
(5) that the increasingly coercive and aggressive behavior
of the People's Republic of China towards Taiwan, including
growing military maneuvers targeting Taiwan, is contrary to
the expectation of the peaceful resolution of the future of
Taiwan;
(6) that, as set forth in the Taiwan Relations Act (Public
Law 96-8; 22 U.S.C. 3301 et seq.), the United States will
support the development of capable, ready, and modern defense
forces necessary for Taiwan to maintain a sufficient self-
defense capability, including by--
(A) supporting acquisition by Taiwan of defense articles
and services through foreign military sales, direct
commercial sales, and industrial cooperation, with an
emphasis on capabilities that support the asymmetric defense
strategy of Taiwan, including antiship, coastal defense,
antiarmor, air defense, undersea warfare, advanced command,
control, communications, computers, intelligence,
surveillance, and reconnaissance, and resilient command and
control capabilities;
(B) ensuring timely review of and response to requests of
Taiwan for defense articles and services;
(C) conducting practical training and military exercises
with Taiwan, including, as appropriate, the Rim of the
Pacific exercise, combined training at the National Training
Center at Fort Erwin, and bilateral naval exercises and
training;
(D) examining the potential for expanding professional
military education and technical training opportunities in
the United States for military personnel of Taiwan;
(E) pursuing a strategy of military engagement with Taiwan
that fully integrates exchanges at the strategic, policy, and
functional levels;
(F) increasing exchanges between senior defense officials
and general officers of the United States and Taiwan
consistent with the Taiwan Travel Act (Public Law 115-135;
132 Stat. 341), especially for the purpose of enhancing
cooperation on defense planning and improving the
interoperability of the military forces of the United States
and Taiwan;
(G) conducting military exchanges with Taiwan specifically
focused on improving the reserve force of Taiwan; and
(H) expanding cooperation in military medicine and
humanitarian assistance and disaster relief, including
through the participation of medical vessels of Taiwan in
appropriate exercises with the United States; and
(7) that, as set forth in the Taiwan Relations Act (Public
Law 96-8; 22 U.S.C. 3301 et seq.), the United States will
maintain the capacity ``to resist any resort to force or
other forms of coercion that would jeopardize the security,
or the social or economic system, of the people on Taiwan'',
including the capacity of the United States Armed Forces to
deny a ``fait accompli'' operation by the People's Republic
of China to rapidly seize control of Taiwan.
(b) Sense of Senate.--It is the sense of the Senate that
the Secretary of Defense should--
(1) ensure that policy guidance to the Department of
Defense related to United States-Taiwan defense relations is
fully consistent with the statement of policy set forth in
subsection (a); and
(2) issue new policy guidance required to carry out such
policy.
SEC. 1259. SENSE OF CONGRESS ON PORT CALLS IN TAIWAN WITH THE
USNS COMFORT AND THE USNS MERCY .
It is the sense of Congress that the Department of Defense
should conduct port calls in Taiwan with the USNS Comfort and
the USNS Mercy --
(1) to continue the collaboration between the United States
and Taiwan on COVID-19 responses, which has included--
(A) research and development of tests, vaccines, and
medicines; and
(B) donations of face masks;
(2) to further improve the cooperation between the United
States and Taiwan on military medicine and humanitarian
assistance and disaster relief;
(3) to allow United States personnel to benefit from the
expertise of Taiwanese personnel, in light of the successful
response of Taiwan to COVID-19; and
(4) to continue the mission of the USNS Comfort and the
USNS Mercy, which have demonstrated the value of the
Department
[[Page S6830]]
capacity to deploy maritime medical capabilities worldwide
and provide contingency capacity in the United States during
significant crises.
SEC. 1260. LIMITATION ON USE OF FUNDS TO REDUCE TOTAL NUMBER
OF MEMBERS OF THE ARMED FORCES SERVING ON
ACTIVE DUTY WHO ARE DEPLOYED TO THE REPUBLIC OF
KOREA.
None of the funds authorized to be appropriated by this Act
may be obligated or expended to reduce the total number of
members of the Armed Forces serving on active duty and
deployed to the Republic of Korea to fewer than 28,500 such
members of the Armed Forces until 90 days after the date on
which the Secretary of Defense certifies to the congressional
defense committees that--
(1) such a reduction--
(A) is in the national security interest of the United
States; and
(B) will not significantly undermine the security of United
States allies in the region; and
(2) the Secretary has appropriately consulted with allies
of the United States, including the Republic of Korea and
Japan, regarding such a reduction.
SEC. 1261. SENSE OF CONGRESS ON CO-DEVELOPMENT WITH JAPAN OF
A LONG-RANGE GROUND-BASED ANTI-SHIP CRUISE
MISSILE SYSTEM.
It is the sense of Congress that--
(1) the Department of Defense should prioritize
consultations with the Ministry of Defense of Japan to
determine whether a ground-based, long-range anti-ship cruise
missile system would meet shared defense requirements of the
United States and Japan; and
(2) if it is determined that a ground-based, long-range
anti-ship cruise missile system would meet shared defense
requirements, the United States and Japan should consider co-
development of such a system.
SEC. 1262. STATEMENT OF POLICY ON COOPERATION IN THE INDO-
PACIFIC REGION.
It is the policy of the United States--
(1) to strengthen alliances and partnerships in the Indo-
Pacific region and Europe and with like-minded countries
around the globe to effectively compete with the People's
Republic of China; and
(2) to work in collaboration with such allies and
partners--
(A) to address significant diplomatic, economic, and
military challenges posed by the People's Republic of China;
(B) to deter the People's Republic of China from pursuing
military aggression;
(C) to promote the peaceful resolution of territorial
disputes in accordance with international law;
(D) to promote private sector-led long-term economic
development while countering efforts by the Government of the
People's Republic of China to leverage predatory economic
practices as a means of political and economic coercion in
the Indo-Pacific region and beyond;
(E) to promote the values of democracy and human rights,
including through efforts to end the repression by the
Chinese Communist Party of political dissidents and Uyghurs
and other ethnic Muslim minorities, Tibetan Buddhists,
Christians, and other minorities;
(F) to respond to the crackdown by the Chinese Communist
Party, in contravention of the commitments made under the
Sino-British Joint Declaration of 1984 and the Basic Law of
Hong Kong, on the legitimate aspirations of the people of
Hong Kong; and
(G) to counter the Chinese Communist Party's efforts to
spread disinformation in the People's Republic of China and
beyond with respect to the response of the Chinese Communist
Party to COVID-19.
SEC. 1263. EXTENSION OF PROHIBITION ON COMMERCIAL EXPORT OF
CERTAIN MUNITIONS TO THE HONG KONG POLICE
FORCE.
Section 3 of the Act entitled ``An Act to prohibit the
commercial export of covered munitions items to the Hong Kong
Police Force'', approved November 27, 2019 (Public Law 116-
77; 133 Stat. 1174), is amended by striking ``one year after
the date of the enactment of this Act'' and inserting ``on
November 27, 2021''.
SEC. 1264. IMPLEMENTATION OF THE ASIA REASSURANCE INITIATIVE
ACT WITH REGARD TO TAIWAN ARMS SALES.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense Indo-Pacific Strategy Report,
released on June 1, 2019, states: ``[T]he Asia Reassurance
Initiative Act, a major bipartisan legislation, was signed
into law by President Trump on December 31, 2018. This
legislation enshrines a generational whole-of-government
policy framework that demonstrates U.S. commitment to a free
and open Indo-Pacific region and includes initiatives that
promote sovereignty, rule of law, democracy, economic
engagement, and regional security.''.
(2) The Indo-Pacific Strategy Report further states: ``The
United States has a vital interest in upholding the rules-
based international order, which includes a strong,
prosperous, and democratic Taiwan. . .The Department [of
Defense] is committed to providing Taiwan with defense
articles and services in such quantity as may be necessary to
enable Taiwan to maintain a sufficient self-defense
capability.''.
(3) Section 209(b) of the Asia Reassurance Initiative Act
of 2018 (22 U.S.C. 3301 note), signed into law on December
31, 2018--
(A) builds on longstanding commitments enshrined in the
Taiwan Relations Act (22 U.S.C. 3301 et seq.) to provide
Taiwan with defense articles; and
(B) states: ``The President should conduct regular
transfers of defense articles to Taiwan that are tailored to
meet the existing and likely future threats from the People's
Republic of China, including supporting the efforts of Taiwan
to develop and integrate asymmetric capabilities, as
appropriate, including mobile, survivable, and cost-effective
capabilities, into its military forces.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Asia Reassurance Initiative Act of 2018 (Public Law
115-409; 132 Stat. 5387) has recommitted the United States to
support the close, economic, political, and security
relationship between the United States and Taiwan; and
(2) the United States should fully implement the provisions
of that Act with regard to regular defensive arms sales to
Taiwan.
(c) Briefing.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State and the
Secretary of Defense, or their designees, shall brief the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
on the efforts to implement section 209(b) of the Asia
Reassurance Initiative Act of 2018 (22 U.S.C. 3301 note).
Subtitle F--Reports
SEC. 1271. REVIEW OF AND REPORT ON OVERDUE ACQUISITION AND
CROSS-SERVICING AGREEMENT TRANSACTIONS.
(a) Review.--The Secretary of Defense, acting through the
official designated to provide oversight of acquisition and
cross-servicing agreements under section 2342(f) of title 10,
United States Code, shall conduct a review of acquisition and
cross-servicing transactions for which reimbursement to the
United States is overdue under section 2345 of that title.
(b) Report.--
(1) In general.--Not later than March 1, 2021, the
designated official described in subsection (a) shall submit
to the congressional defense committees a report on the
results of the review.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) For each acquisition and cross-servicing transaction
valued at $1,000,000 or more for which reimbursement to the
United States was overdue as of October 1, 2019--
(i) the total amount of the transaction;
(ii) the unreimbursed balance of the transaction;
(iii) the date on which the original transaction was made;
(iv) the date on which the most recent request for payment
was sent to the relevant foreign partner; and
(v) a plan for securing reimbursement from the foreign
partner.
(B) A description of the steps taken to implement the
recommendations made in the report of the Government
Accountability Office entitled ``Defense Logistics
Agreements: DOD Should Improve Oversight and Seek Payment
from Foreign Partners for Thousands of Orders It Identifies
as Overdue'' issued in March 2020, including efforts to
validate data reported under this subsection and in the
system of record for acquisition and cross-servicing
agreements of the Department of Defense.
(C) The amount of reimbursement received from foreign
partners for each order--
(i) for which the reimbursement is recorded as overdue in
the system of record for acquisition and cross-servicing
agreements of the Department of Defense; and
(ii) that was authorized during the period beginning in
October 2013 and ending in September 2020.
(D) A plan for improving recordkeeping of acquisition and
cross-servicing transactions and ensuring timely
reimbursement by foreign partners.
(E) Any other matter considered relevant by the designated
official described in subsection (a).
SEC. 1272. REPORT ON BURDEN SHARING CONTRIBUTIONS BY
DESIGNATED COUNTRIES.
Section 2350j of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(f) Report on Contributions Received From Designated
Countries.--
``(1) In general.--Not later than January 15 each year, the
Secretary of Defense shall submit to the appropriate
committees of Congress a report on the burden sharing
contributions received under this section from designated
countries.
``(2) Elements.--Each report required by paragraph (1)
shall include the following for the preceding fiscal year:
``(A) A list of all designated countries from which burden
sharing contributions were received.
``(B) An explanation of the purpose for which each such
burden sharing contribution was provided.
``(C) In the case of a written agreement entered into with
a designated country under this section--
``(i) the date on which the agreement was signed; and
``(ii) the names of the individuals who signed the
agreement.
``(D) For each designated country--
``(i) the amount provided by the designated country; and
``(ii) the amount of any remaining unobligated balance.
``(E) The amount of such burden sharing contributions
expended, by eligible category, including compensation for
local national
[[Page S6831]]
employees, military construction projects, and supplies and
services of the Department of Defense.
``(F) An explanation of any other burden sharing or in-kind
contribution provided by a designated country under an
agreement or authority other than the authority provided by
this section.
``(G) Any other matter the Secretary of Defenses considers
relevant.
``(3) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress'
means--
``(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
``(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.''.
SEC. 1273. REPORT ON RISK TO PERSONNEL, EQUIPMENT, AND
OPERATIONS DUE TO HUAWEI 5G ARCHITECTURE IN
HOST COUNTRIES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that
contains an assessment of--
(1) the risk to personnel, equipment, and operations of the
Department of Defense in host countries posed by the current
or intended use by such countries of 5G telecommunications
architecture provided by Huawei Technologies Co., Ltd.; and
(2) measures required to mitigate the risk described in
paragraph (1), including the merit and feasibility of the
relocation of certain personnel or equipment of the
Department to another location without the presence of 5G
telecommunications architecture provided by Huawei
Technologies Co., Ltd.
(b) Form.--The report required by subsection (a) shall be
submitted in classified form with an unclassified summary.
SEC. 1274. ALLIED BURDEN SHARING REPORT.
(a) Finding; Sense of Congress.--
(1) Finding.--Congress finds that section 1003 of the
Department of Defense Authorization Act, 1985 (Public Law 98-
525; 63 Stat. 2241)--
(A) expresses the sense of Congress that, due to threats
that are ever-changing, Congress must be informed with
respect to allied contributions to the common defense to
properly assess the readiness of the United States and the
countries described in subsection (b)(2) for threats; and
(B) requires the Secretary of Defense to submit to Congress
an annual report on the contributions of allies to the common
defense.
(2) Sense of congress.--It is the sense of Congress that--
(A) the threats facing the United States--
(i) extend beyond the global war on terror; and
(ii) include near-peer threats; and
(B) the President should seek from each country described
in subsection (b)(2) acceptance of international security
responsibilities and agreements to make contributions to the
common defense in accordance with the collective defense
agreements or treaties to which such country is a party.
(b) Reports on Allied Contributions to the Common
Defense.--
(1) In general.--Not later than March 1 each year, the
Secretary of Defense, in coordination with the heads of other
Federal agencies, as the Secretary determines to be
necessary, shall submit to the appropriate committees of
Congress a report containing a description of--
(A) the annual defense spending by each country described
in paragraph (2), including available data on nominal budget
figures and defense spending as a percentage of the gross
domestic products of each such country for the fiscal year
immediately preceding the fiscal year in which the report is
submitted;
(B) the activities of each such country to contribute to
military or stability operations in which the Armed Forces of
the United States are a participant or may be called upon in
accordance with a cooperative defense agreement to which the
United States is a party;
(C) any limitations placed by any such country on the use
of such contributions; and
(D) any actions undertaken by the United States or by other
countries to minimize such limitations.
(2) Countries described.--The countries described in this
paragraph are the following:
(A) Each member state of the North Atlantic Treaty
Organization.
(B) Each member state of the Gulf Cooperation Council.
(C) Each country party to the Inter-American Treaty of
Reciprocal Assistance (Rio Treaty), done at Rio de Janeiro
September 2, 1947, and entered into force December 3, 1948
(TIAS 1838).
(D) Australia.
(E) Japan.
(F) New Zealand.
(G) The Philippines.
(H) South Korea.
(I) Thailand.
(3) Form.--Each report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(4) Availability.--A report submitted under paragraph (1)
shall be made available on request to any Member of Congress.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
Subtitle G--Other Matters
SEC. 1281. RECIPROCAL PATIENT MOVEMENT AGREEMENTS.
(a) In General.--Subchapter II of chapter 138 of title 10,
United States Code, as amended by section 1241(a), is further
amended by adding at the end the following new section:
``Sec. 2350p. Reciprocal patient movement agreements
``(a) Authority.--Subject to the availability of
appropriations, the Secretary of Defense, with the
concurrence of the Secretary of State, may enter into a
bilateral or multilateral memorandum of understanding or
other formal agreement with one or more governments of
partner countries that provides for--
``(1) the interchangeable, nonreimbursable use of patient
movement personnel, either individually or as members of a
patient movement crew or team, and equipment, belonging to
one partner country to perform patient movement services
aboard the aircraft, vessels, or vehicles of another partner
country;
``(2) the reciprocal recognition and acceptance of --
``(A) national professional credentials, certifications,
and licenses of patient movement personnel; and
``(B) national certifications, approvals, and licenses of
equipment used in the provision of patient movement services;
and
``(3) the acceptance of agreed-upon standards for the
provision of patient movement services by aircraft, vessel,
or vehicle, including, as determined to be beneficial and
otherwise permitted by law, the harmonization of patient
treatment standards and procedures.
``(b) Certification.--(1) Before entering into a memorandum
of understanding or other formal agreement with the
government of a partner country under this section, the
Secretary of Defense shall certify in writing that the
professional credentials, certifications, licenses, and
approvals for patient movement personnel and patient movement
equipment of the partner country--
``(A) meet or exceed the equivalent standards of the United
States for similar personnel and equipment; and
``(B) will provide for a level of care comparable to, or
better than, the level of care provided by the Department of
Defense.
``(2) A certification under paragraph (1) shall be--
``(A) submitted to the appropriate committees of Congress
not later than 15 days after the date on which the Secretary
of Defense makes the certification; and
``(B) reviewed and recertified by the Secretary of Defense
not less frequently than annually.
``(c) Suspension.--If the Secretary of Defense is unable to
recertify a partner country as required by subsection
(b)(2)(B), use of the personnel or equipment of the partner
country by the Department of Defense under a memorandum of
understanding or other formal agreement concluded pursuant to
subsection (a) shall be suspended until the date on which the
Secretary of Defense is able to recertify the partner
country.
``(d) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the congressional defense committees; and
``(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
``(2) Partner country.--The term `partner country' means
any of the following:
``(A) A member country of the North Atlantic Treaty
Organization.
``(B) Australia.
``(C) Japan.
``(D) New Zealand.
``(E) The Republic of Korea.
``(F) Any other country designated as a partner country by
the Secretary of Defense, with the concurrence of the
Secretary of State, for purposes of this section.
``(3) Patient movement.--The term `patient movement' means
the act or process of moving wounded, ill, injured, or other
persons (including contaminated, contagious, and potentially
exposed patients) to obtain medical, surgical, mental health,
or dental care or treatment.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter, as amended by section 1241(b),
is further amended by adding at the end the following new
item:
``2350p. Reciprocal patient movement agreements.''.
SEC. 1282. EXTENSION OF AUTHORIZATION OF NON-CONVENTIONAL
ASSISTED RECOVERY CAPABILITIES.
Subsection (g) of section 943 of the National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4578), as most recently amended by section 1282(a)
of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 130 Stat. 2542) and as redesignated
by section 1051(n)(1) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1564),
is further amended by striking ``2021'' and inserting
``2024''.
[[Page S6832]]
SEC. 1283. EXTENSION OF DEPARTMENT OF DEFENSE SUPPORT FOR
STABILIZATION ACTIVITIES IN NATIONAL SECURITY
INTEREST OF THE UNITED STATES.
Section 1210A(h) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) is amended by
striking ``December 31, 2020'' and inserting ``December 31,
2021''.
SEC. 1284. NOTIFICATION WITH RESPECT TO WITHDRAWAL OF MEMBERS
OF THE ARMED FORCES PARTICIPATING IN THE
MULTINATIONAL FORCE AND OBSERVERS IN EGYPT.
(a) In General.--Not later than 30 days before a reduction
in the total number of members of the Armed Forces deployed
to the Multinational Force and Observers in Egypt to fewer
than 430 such members of the Armed Forces, the Secretary of
Defense shall submit to the appropriate committees of
Congress a notification that includes the following:
(1) A detailed accounting of the number of members of the
Armed Forces to be withdrawn from the Multinational Force and
Observers in Egypt and the capabilities that such members of
the Armed Forces provide in support of the mission.
(2) An explanation of national security interests of the
United States served by such a reduction and an assessment of
the effect, if any, such a reduction is expected to have on
the security of United States partners in the region.
(3) A description of consultations by the Secretary with
the other countries that contribute military forces to the
Multinational Force and Observers, including Australia,
Canada, Colombia, the Czech Republic, Fiji, France, Italy,
Japan, New Zealand, Norway, the United Kingdom, and Uruguay,
with respect to the planned force reduction and the results
of such consultations.
(4) An assessment of whether other countries, including the
countries that contribute military forces to the
Multinational Force and Observers, will increase their
contributions of military forces to compensate for the
capabilities withdrawn by the United States.
(5) An explanation of--
(A) any anticipated negative impact of such a reduction on
the ability of the Multinational Force and Observers in Egypt
to fulfill its mission of supervising the implementation of
the security provisions of the 1979 Treaty of Peace between
Egypt and Israel and employing best efforts to prevent any
violation of the terms of such treaty; and
(B) the manner in which any such negative impact will be
mitigated.
(6) Any other matter the Secretary considers appropriate.
(b) Form.--The notification required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1285. MODIFICATION TO INITIATIVE TO SUPPORT PROTECTION
OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM
UNDUE INFLUENCE AND OTHER SECURITY THREATS.
Section 1286 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note)
is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) includes requirements for appropriate senior
officials of institutions of higher education to receive from
appropriate Government agencies updated and periodic
briefings that describe the espionage risks posed by
technical intelligence gathering activities of near-peer
strategic competitors.''; and
(2) in subsection (e)(2)(D), by striking ``improve'' and
inserting ``improved''.
SEC. 1286. ESTABLISHMENT OF UNITED STATES-ISRAEL OPERATIONS-
TECHNOLOGY WORKING GROUP.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) the United States Government has a responsibility to
undertake all reasonable measures to ensure that members of
the Armed Forces never confront a more technologically
advanced foe;
(2) the United States and Israel have several cooperative
technology programs to develop and field capabilities in
missile defense, countertunneling, and counterunmanned aerial
systems; and
(3) building on positive ongoing efforts, the United States
and Israel should further institutionalize and strengthen
their defense innovation partnership by establishing a United
States-Israel Operations-Technology Working Group to identify
and expeditiously field capabilities that the military forces
of both countries need to deter and defeat respective
adversaries.
(b) United States-Israel Operations-Technology Working
Group.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Minister of Defense of Israel, shall
establish a United States-Israel Operations-Technology
Working Group (in this subsection referred to as the
``Working Group'') for the following purposes:
(A) To provide a standing forum for the United States and
Israel to systematically share intelligence-informed military
capability requirements.
(B) To identify military capability requirements common to
both the Department of Defense and the Ministry of Defense of
Israel.
(C) To assist defense suppliers in the United States and
Israel, by incorporating recommendations from such defense
suppliers, with respect to conducting joint science,
technology, research, development, test, evaluation, and
production efforts.
(D) To develop, as feasible and advisable, combined United
States-Israel plans to research, develop, procure, and field
weapons systems and military capabilities as quickly and
economically as possible to meet common capability
requirements of the Department of Defense and the Ministry of
Defense of Israel.
(2) Working group leadership.--
(A) United states leadership.--With respect to the United
States, the Working Group shall be headed by--
(i) the Secretary, or a designee; and
(ii) the Chairman of the Joint Chiefs of Staff, or a
designee.
(B) Israel leadership.--The Secretary shall invite the
Government of Israel to designate the head of the appropriate
office or offices to head the Working Group with respect to
Israel.
(3) Working group membership.--
(A) United states membership.--The Secretary, in
consultation with other Cabinet members, shall designate one
or more individuals to serve as members of the Working Group.
(i) Mandatory united states members.--The membership of the
Working Group shall consist of, at a minimum, representatives
from--
(I) the Office of the Secretary of Defense;
(II) the Joint Staff;
(III) each of the military departments (including, as
appropriate, subordinate entities such as Army Futures
Command and research laboratories);
(IV) the defense agencies (including the Defense Advanced
Research Projects Agency, the Defense Intelligence Agency,
and the Defense Security Cooperation Agency);
(V) United States Central Command; and
(VI) United States European Command.
(ii) Rule of construction.--Nothing in this subparagraph
shall be construed as limiting the ability of the Secretary
to add members to the Working Group, as considered
appropriate.
(B) Israel membership.--The Secretary shall invite such
representatives of the Government of Israel to designate
individuals from the Government of Israel to serve as members
of the Working Group, as the Secretary considers appropriate.
(4) Existing efforts.--
(A) In general.--The Secretary shall determine the most
efficient and effective means to integrate the Working Group
into existing United States science and technology efforts
and research, development, test, and evaluation efforts with
Israel.
(B) Rule of construction.--Nothing in this subsection shall
be construed as requiring the termination of any existing
United States defense activity, group, program, or
partnership with Israel.
(5) Memorandum of understanding.--
(A) In general.--The Secretary shall, with the concurrence
of the Minister of Defense of Israel, establish a memorandum
of understanding between the United States and Israel
establishing the United States-Israel Operations Technology
Working Group.
(B) Matters to be included.--The memorandum of
understanding under subparagraph (A) shall set forth--
(i) the purposes of the Working Group, consistent with
paragraph (1);
(ii) the membership of the Working Group, consistent with
paragraph (3); and
(iii) any other matter considered appropriate.
(6) Reports.--
(A) Initial report.--
(i) In general.--Not later than 180 days after the
establishment of the Working Group, the Secretary shall
submit to the appropriate committees of Congress an initial
report on the Working Group.
(ii) Elements.--The report required by clause (i) shall
include the following:
(I) The finalized memorandum of understanding under
paragraph (5).
(II) The name of each individual of the Government of the
United States and of the Government of Israel designated to
lead the Working Group.
(III) The name of each member of the Working Group
designated under subparagraph (A) or (B) of paragraph (3).
(IV) A description of the manner in which the Working Group
is anticipated to complement and augment existing science and
technology efforts and research, development, test, and
evaluation efforts with Israel.
(V) A schedule for Working Group meetings.
(VI) A description of key metrics and milestones for the
Working Group.
(VII) A description of any authority or authorization of
appropriations required for the Working Group to carry out
the purposes described in paragraph (1).
[[Page S6833]]
(iii) Form.--The report required by clause (i) shall be
submitted in unclassified form, but may include a classified
annex.
(B) Annual report.--
(i) In general.--Not later than March 15 of each year
following the submittal of the initial report required by
subparagraph (A), the Secretary shall submit to the
appropriate committees of Congress a report on the activities
of the Working Group during the preceding calendar year.
(ii) Elements.--The report required by clause (i) shall
include the following:
(I) A summary of the performance of the Working Group--
(aa) with respect to the first annual report under this
subparagraph, the metrics and milestones described in the
initial report in accordance with subparagraph (A)(ii)(VI);
or
(bb) with respect to each subsequent annual report under
this subparagraph, the metrics and milestones described in
the preceding annual report under subclause (VIII).
(II) A description of military capabilities needed by both
the United States and Israel.
(III) A description of any United States, or any United
States-Israel, science and technology efforts, or research,
development, test, and evaluation efforts, associated with
the military capabilities described under subclause (II)
carried out during the reporting period.
(IV) A description of any obstacle or challenge associated
with an effort described in subclause (III) and the plan of
the Working Group to address such obstacle or challenge.
(V) A description of any request to the Working Group made
by a United States or Israel defense supplier for combined
science and technology efforts or combined research,
development, test, and evaluation efforts, including--
(aa) the date on which the request was received;
(bb) the efforts made by the Working Group to expeditiously
address the request; and
(cc) the status of any decision associated with the
request.
(VI) A description of the efforts of the Working Group to
prevent the People's Republic of China or the Russian
Federation from obtaining intellectual property or military
technology associated with combined United States and Israel
science and technology efforts and research, development,
test, and evaluation efforts.
(VII) A description of any science and technology effort,
or research, development, test, or evaluation effort,
facilitated by the Working Group, including efforts that
result in a United States or Israel program of record.
(VIII) A description of metrics and milestones for the
Working Group for the following calendar year.
(iii) Form.--Each report required by clause (i) shall be
submitted in unclassified form and shall include a classified
annex in which the elements required under subclauses (II)
and (VI) of clause (ii) shall be addressed.
(C) Appropriate committees of congress defined.--In this
paragraph, the term ``appropriate committees of Congress''
means--
(i) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(ii) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1287. IMPROVED COORDINATION OF UNITED STATES SANCTIONS
POLICY.
(a) Office of Sanctions Coordination of the Department of
State.--
(1) In general.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(A) by redesignating subsection (g) as subsection (h); and
(B) by inserting after subsection (f) the following:
``(g) Office of Sanctions Coordination.--
``(1) In general.--There is established, within the
Department of State, an Office of Sanctions Coordination (in
this subsection referred to as the `Office').
``(2) Head.--The head of the Office shall--
``(A) have the rank and status of ambassador;
``(B) be appointed by the President, by and with the advice
and consent of the Senate; and
``(C) report directly to the Secretary.
``(3) Duties.--The head of the Office shall--
``(A) exercise sanctions authorities delegated to the
Secretary;
``(B) serve as the principal advisor to the senior
management of the Department and the Secretary regarding the
development and implementation of sanctions policy;
``(C) serve as the lead representative of the United States
in diplomatic engagement on sanctions matters;
``(D) consult and closely coordinate with allies and
partners of the United States, including the United Kingdom,
the European Union and member countries of the European
Union, Canada, Australia, New Zealand, Japan, and South
Korea, to ensure the maximum effectiveness of sanctions
imposed by the United States and such allies and partners;
``(E) serve as the coordinator for the development and
implementation of sanctions policy with respect to all
activities, policies, and programs of all bureaus and offices
of the Department relating to the development and
implementation of sanctions policy; and
``(F) serve as the lead representative of the Department in
interagency discussions with respect to the development and
implementation of sanctions policy.
``(4) Direct hire authority.--The head of the Office may
appoint, without regard to the provisions of sections 3309
through 3318 of title 5, United States Code, candidates
directly to positions in the competitive service, as defined
in section 2102 of that title, in the Office.''.
(2) Briefing required.--Not later than 60 days after the
date of the enactment of this Act, and every 90 days
thereafter until the date that is 2 years after such date of
enactment, the Secretary of State shall brief the appropriate
congressional committees on the efforts of the Department of
State to establish the Office of Sanctions Coordination
pursuant to section 1(g) of the State Department Basic
Authorities Act of 1956, as amended by paragraph (1),
including a description of--
(A) measures taken to implement the requirements of that
section and to establish the Office;
(B) actions taken by the Office to carry out the duties
listed in paragraph (3) of that section;
(C) the resources devoted to the Office, including the
number of employees working in the Office; and
(D) plans for the use of the direct hire authority provided
under paragraph (4) of that section.
(b) Coordination With Allies and Partners of the United
States.--
(1) In general.--The Secretary of State shall develop and
implement mechanisms and programs, as appropriate, through
the head of the Office of Sanctions Coordination established
pursuant to section 1(g) of the State Department Basic
Authorities Act of 1956, as amended by subsection (a)(1), to
coordinate the development and implementation of United
States sanctions policies with allies and partners of the
United States, including the United Kingdom, the European
Union and member countries of the European Union, Canada,
Australia, New Zealand, Japan, and South Korea.
(2) Information sharing.--The Secretary should pursue the
development and implementation of mechanisms and programs
under paragraph (1), as appropriate, that involve the sharing
of information with respect to policy development and
sanctions implementation.
(3) Capacity building.--The Secretary should pursue
efforts, in coordination with the Secretary of the Treasury
and the head of any other agency the Secretary considers
appropriate, to assist allies and partners of the United
States, including the countries specified in paragraph (1),
as appropriate, in the development of their legal and
technical capacities to develop and implement sanctions
authorities.
(4) Exchange programs.--In furtherance of the efforts
described in paragraph (3), the Secretary, in coordination
with the Secretary of the Treasury and the head of any other
agency the Secretary considers appropriate, may enter into
agreements with counterpart agencies in foreign governments
establishing exchange programs for the temporary detail of
government employees to share information and expertise with
respect to the development and implementation of sanctions
authorities.
(5) Briefing required.--Not later than 90 days after the
date of the enactment of this Act, and every 180 days
thereafter until the date that is 5 years after such date of
enactment, the Secretary of State shall brief the appropriate
congressional committees on the efforts of the Department of
State to implement this section, including a description of--
(A) measures taken to implement paragraph (1);
(B) actions taken pursuant to paragraphs (2) through (4);
(C) the extent of coordination between the United States
and allies and partners of the United States, including the
countries specified in paragraph (1), with respect to the
development and implementation of sanctions policy; and
(D) obstacles preventing closer coordination between the
United States and such allies and partners with respect to
the development and implementation of sanctions policy.
(c) Sense of Congress.--It is the sense of the Congress
that the President should appoint a coordinator for sanctions
and national economic security issues within the framework of
the National Security Council.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Way and Means of the
House of Representatives.
Subtitle H--Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Robert Levinson Hostage
Recovery and Hostage-Taking Accountability Act''.
SEC. 1292. ASSISTANCE FOR UNITED STATES NATIONALS UNLAWFULLY
OR WRONGFULLY DETAINED ABROAD.
(a) Review.--The Secretary of State shall review the cases
of United States nationals detained abroad to determine if
there is
[[Page S6834]]
credible information that they are being detained unlawfully
or wrongfully, based on criteria which may include whether--
(1) United States officials receive or possess credible
information indicating innocence of the detained individual;
(2) the individual is being detained solely or
substantially because he or she is a United States national;
(3) the individual is being detained solely or
substantially to influence United States Government policy or
to secure economic or political concessions from the United
States Government;
(4) the detention appears to be because the individual
sought to obtain, exercise, defend, or promote freedom of the
press, freedom of religion, or the right to peacefully
assemble;
(5) the individual is being detained in violation of the
laws of the detaining country;
(6) independent nongovernmental organizations or
journalists have raised legitimate questions about the
innocence of the detained individual;
(7) the United States mission in the country where the
individual is being detained has received credible reports
that the detention is a pretext for an illegitimate purpose;
(8) the individual is detained in a country where the
Department of State has determined in its annual human rights
reports that the judicial system is not independent or
impartial, is susceptible to corruption, or is incapable of
rendering just verdicts;
(9) the individual is being detained in inhumane
conditions;
(10) due process of law has been sufficiently impaired so
as to render the detention arbitrary; and
(11) United States diplomatic engagement is likely
necessary to secure the release of the detained individual.
(b) Referrals to the Special Envoy.--Upon a determination
by the Secretary of State, based on the totality of the
circumstances, that there is credible information that the
detention of a United States national abroad is unlawful or
wrongful, and regardless of whether the detention is by a
foreign government or a nongovernmental actor, the Secretary
shall transfer responsibility for such case from the Bureau
of Consular Affairs of the Department of State to the Special
Envoy for Hostage Affairs created pursuant to section 1293.
(c) Report.--
(1) Annual report.--
(A) In general.--The Secretary of State shall submit to the
appropriate congressional committees an annual report with
respect to United States nationals for whom the Secretary
determines there is credible information of unlawful or
wrongful detention abroad.
(B) Form.--The report required under this paragraph shall
be submitted in unclassified form, but may include a
classified annex if necessary.
(2) Composition.--The report required under paragraph (1)
shall include current estimates of the number of individuals
so detained, as well as relevant information about particular
cases, such as--
(A) the name of the individual, unless the provision of
such information is inconsistent with section 552a of title
5, United States Code (commonly known as the ``Privacy Act of
1974'');
(B) basic facts about the case;
(C) a summary of the information that such individual may
be detained unlawfully or wrongfully;
(D) a description of specific efforts, legal and
diplomatic, taken on behalf of the individual since the last
reporting period, including a description of accomplishments
and setbacks; and
(E) a description of intended next steps.
(d) Resource Guidance.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act and after consulting with
relevant organizations that advocate on behalf of United
States nationals detained abroad and the Family Engagement
Coordinator established pursuant to section 1294(c)(2), the
Secretary of State shall provide resource guidance in writing
for government officials and families of unjustly or
wrongfully detained individuals.
(2) Content.--The resource guidance required under
paragraph (1) should include--
(A) information to help families understand United States
policy concerning the release of United States nationals
unlawfully or wrongfully held abroad;
(B) contact information for officials in the Department of
State or other government agencies suited to answer family
questions;
(C) relevant information about options available to help
families obtain the release of unjustly or wrongfully
detained individuals, such as guidance on how families may
engage with United States diplomatic and consular channels to
ensure prompt and regular access for the detained individual
to legal counsel, family members, humane treatment, and other
services;
(D) guidance on submitting public or private letters from
members of Congress or other individuals who may be
influential in securing the release of an individual; and
(E) appropriate points of contacts, such as legal resources
and counseling services, who have a record of assisting
victims' families.
SEC. 1293. SPECIAL ENVOY FOR HOSTAGE AFFAIRS.
(a) Establishment.--There shall be a Special Presidential
Envoy for Hostage Affairs, appointed by the President, who
shall report to the Secretary of State.
(b) Rank.--The Special Envoy shall have the rank and status
of ambassador.
(c) Responsibilities.--The Special Presidential Envoy for
Hostage Affairs shall--
(1) lead diplomatic engagement on United States hostage
policy;
(2) coordinate all diplomatic engagements and strategy in
support of hostage recovery efforts, in coordination with the
Hostage Recovery Fusion Cell and consistent with policy
guidance communicated through the Hostage Response Group;
(3) in coordination with the Hostage Recovery Fusion Cell
as appropriate, coordinate diplomatic engagements regarding
cases in which a foreign government has detained a United
States national and the United States Government regards such
detention as unlawful or wrongful;
(4) provide senior representation from the Special Envoy's
office to the Hostage Recovery Fusion Cell established under
section 1294 and the Hostage Response Group established under
section 1295; and
(5) ensure that families of United States nationals
unlawfully or wrongly detained abroad receive updated
information about developments in cases and government
policy.
SEC. 1294. HOSTAGE RECOVERY FUSION CELL.
(a) Establishment.--The President shall establish an
interagency Hostage Recovery Fusion Cell.
(b) Participation.--The President shall direct the heads of
each of the following executive departments, agencies, and
offices to make available personnel to participate in the
Hostage Recovery Fusion Cell:
(1) The Department of State.
(2) The Department of the Treasury.
(3) The Department of Defense.
(4) The Department of Justice.
(5) The Office of the Director of National Intelligence.
(6) The Federal Bureau of Investigation.
(7) The Central Intelligence Agency.
(8) Other agencies as the President, from time to time, may
designate.
(c) Personnel.--The Hostage Recovery Fusion Cell shall
include--
(1) a Director, who shall be a full-time senior officer or
employee of the United States Government;
(2) a Family Engagement Coordinator who shall--
(A) work to ensure that all interactions by executive
branch officials with a hostage's family occur in a
coordinated fashion and that the family receives consistent
and accurate information from the United States Government;
and
(B) if directed, perform the same function as set out in
subparagraph (A) with regard to the family of a United States
national who is unlawfully or wrongfully detained abroad; and
(3) other officers and employees as deemed appropriate by
the President.
(d) Duties.--The Hostage Recovery Fusion Cell shall--
(1) coordinate efforts by participating agencies to ensure
that all relevant information, expertise, and resources are
brought to bear to secure the safe recovery of United States
nationals held hostage abroad;
(2) if directed, coordinate the United States Government's
response to other hostage-takings occurring abroad in which
the United States has a national interest;
(3) if directed, coordinate or assist the United States
Government's response to help secure the release of United
States nationals unlawfully or wrongfully detained abroad;
and
(4) pursuant to policy guidance coordinated through the
National Security Council--
(A) identify and recommend hostage recovery options and
strategies to the President through the National Security
Council or the Deputies Committee of the National Security
Council;
(B) coordinate efforts by participating agencies to ensure
that information regarding hostage events, including
potential recovery options and engagements with families and
external actors (including foreign governments), is
appropriately shared within the United States Government to
facilitate a coordinated response to a hostage-taking;
(C) assess and track all hostage-takings of United States
nationals abroad and provide regular reports to the President
and Congress on the status of such cases and any measures
being taken toward the hostages' safe recovery;
(D) provide a forum for intelligence sharing and, with the
support of the Director of National Intelligence, coordinate
the declassification of relevant information;
(E) coordinate efforts by participating agencies to provide
appropriate support and assistance to hostages and their
families in a coordinated and consistent manner and to
provide families with timely information regarding
significant events in their cases;
(F) make recommendations to agencies in order to reduce the
likelihood of United States nationals' being taken hostage
abroad and enhance United States Government preparation to
maximize the probability of a favorable outcome following a
hostage-taking; and
(G) coordinate with agencies regarding congressional,
media, and other public inquiries pertaining to hostage
events.
(e) Administration.--The Hostage Recovery Fusion Cell shall
be located within the Federal Bureau of Investigation for
administrative purposes.
SEC. 1295. HOSTAGE RESPONSE GROUP.
(a) Establishment.--The President shall establish a Hostage
Response Group, chaired
[[Page S6835]]
by a designated member of the National Security Council or
the Deputies Committee of the National Security Council, to
be convened on a regular basis, to further the safe recovery
of United States nationals held hostage abroad or unlawfully
or wrongfully detained abroad, and to be tasked with
coordinating the United States Government response to other
hostage-takings occurring abroad in which the United States
has a national interest.
(b) Membership.--The regular members of the Hostage
Response Group shall include the Director of the Hostage
Recovery Fusion Cell, the Hostage Recovery Fusion Cell's
Family Engagement Coordinator, the Special Envoy appointed
pursuant to section 1293, and representatives from the
Department of the Treasury, the Department of Defense, the
Department of Justice, the Federal Bureau of Investigation,
the Office of the Director of National Intelligence, the
Central Intelligence Agency, and other agencies as the
President, from time to time, may designate.
(c) Duties.--The Hostage Recovery Group shall--
(1) identify and recommend hostage recovery options and
strategies to the President through the National Security
Council;
(2) coordinate the development and implementation of United
States hostage recovery policies, strategies, and procedures;
(3) receive regular updates from the Hostage Recovery
Fusion Cell and the Special Envoy for Hostage Affairs on the
status of United States nationals being held hostage or
unlawfully or wrongfully detained abroad and measures being
taken to effect safe recoveries;
(4) coordinate the provision of policy guidance to the
Hostage Recovery Fusion Cell, including reviewing recovery
options proposed by the Hostage Recovery Fusion Cell and
working to resolve disputes within the Hostage Recovery
Fusion Cell;
(5) as appropriate, direct the use of resources at the
Hostage Recovery Fusion Cell to coordinate or assist in the
safe recovery of United States nationals unlawfully or
wrongfully detained abroad; and
(6) as appropriate, direct the use of resources at the
Hostage Recovery Fusion Cell to coordinate the United States
Government response to other hostage-takings occurring abroad
in which the United States has a national interest.
(d) Meetings.--The Hostage Response Group shall meet
regularly.
(e) Reporting.--The Hostage Response Group shall regularly
provide recommendations on hostage recovery options and
strategies to the National Security Council.
SEC. 1296. AUTHORIZATION OF IMPOSITION OF SANCTIONS.
(a) In General.--The President may impose the sanctions
described in subsection (b) with respect to any foreign
person the President determines, based on credible evidence--
(1) is responsible for or is complicit in, or responsible
for ordering, controlling, or otherwise directing, the
hostage-taking of a United States national abroad or the
unlawful or wrongful detention of a United States national
abroad; or
(2) knowingly provides financial, material, or
technological support for, or goods or services in support
of, an activity described in paragraph (1).
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (a) may be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in subsection (a) may
be subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under clause (i) may--
(I) take effect immediately; and
(II) cancel any other valid visa or entry documentation
that is in the alien's possession.
(2) Blocking of property.--
(A) In general.--The President may exercise all of the
powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), to
the extent necessary to block and prohibit all transactions
in property and interests in property of a foreign person
described in subsection (a) if such property and interests in
property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(B) Inapplicability of national emergency requirement.--The
requirements of section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of this section.
(c) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to any activity subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception to comply with international obligations and
for law enforcement activities.--Sanctions under subsection
(b)(1) shall not apply with respect to an alien if admitting
or paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations; or
(B) to carry out or assist law enforcement activity in the
United States.
(d) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (b)(2) or any regulation, license, or order issued
to carry out that subsection shall be subject to the
penalties set forth in subsections (b) and (c) of section 206
of the International Emergency Economic Powers Act (50 U.S.C.
1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(e) Termination of Sanctions.--The President may terminate
the application of sanctions under this section with respect
to a person if the President determines that--
(1) information exists that the person did not engage in
the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for
the activity for which sanctions were imposed, and has
credibly committed to not engage in an activity described in
subsection (a) in the future; or
(4) the termination of the sanctions is in the national
security interests of the United States.
(f) Reporting Requirement.--If the President terminates
sanctions pursuant to subsection (d), the President shall
report to the appropriate congressional committees a written
justification for such termination within 15 days.
(g) Implementation of Regulatory Authority.--The President
may exercise all authorities provided under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this section.
(h) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this subtitle shall not include
the authority or a requirement to impose sanctions on the
importation of goods.
(2) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(i) Definitions.--In this section:
(1) Foreign person.--The term ``foreign person'' means--
(A) any citizen or national of a foreign country (including
any such individual who is also a citizen or national of the
United States); or
(B) any entity not organized solely under the laws of the
United States or existing solely in the United States.
(2) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or an
alien lawfully admitted for permanent residence to the United
States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
SEC. 1297. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Banking, Housing, and Urban
Affairs, the Committee on the Judiciary, the Committee on
Armed Services, and the Select Committee on Intelligence of
the United States Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Financial Services, the
Committee on the Judiciary, the Committee on Armed Services,
and the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) United states national.--The term ``United States
national'' means--
(A) a United States national as defined in section
101(a)(22) or section 308 of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408); and
(B) a lawful permanent resident alien with significant ties
to the United States.
SEC. 1298. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to authorize a
private right of action.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. FUNDING ALLOCATIONS FOR DEPARTMENT OF DEFENSE
COOPERATIVE THREAT REDUCTION PROGRAM.
(a) In General.--Of the $288,490,000 authorized to be
appropriated to the Department of Defense for fiscal year
2021 in section 301 and
[[Page S6836]]
made available by the funding table in division D for the
Department of Defense Cooperative Threat Reduction Program
established under section 1321 of the Department of Defense
Cooperative Threat Reduction Act (50 U.S.C. 3711), the
following amounts may be obligated for the purposes
specified:
(1) For strategic offensive arms elimination, $2,924,000.
(2) For chemical security and elimination, $11,806,000.
(3) For global nuclear security, $20,152,000.
(4) For biological threat reduction, $177,396,000.
(5) For proliferation prevention, $52,064,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $24,148,000.
(b) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 and made
available by the funding table in division D for the
Department of Defense Cooperative Threat Reduction Program
shall be available for obligation for fiscal years 2021,
2022, and 2023.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2021 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2021 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2021 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the Defense Health Program, as specified in the
funding table in section 4501, for use of the Armed Forces
and other activities and agencies of the Department of
Defense in providing for the health of eligible
beneficiaries.
Subtitle B--Armed Forces Retirement Home
SEC. 1411. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2021 from the Armed Forces Retirement Home Trust Fund
the sum of $64,300,000 for the operation of the Armed Forces
Retirement Home.
SEC. 1412. PERIODIC INSPECTIONS OF ARMED FORCES RETIREMENT
HOME FACILITIES BY NATIONALLY RECOGNIZED
ACCREDITING ORGANIZATION.
(a) In General.--Section 1518 of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 418) is amended to
read as follows:
``SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME
FACILITIES.
``(a) Inspections.--The Chief Operating Officer shall
request the inspection of each facility of the Retirement
Home by a nationally recognized civilian accrediting
organization in accordance with section 1511(g) on a
frequency consistent with the standards of such organization.
``(b) Availability of Staff and Records.--The Chief
Operating Officer and the Administrator of a facility being
inspected under this section shall make all staff, other
personnel, and records of the facility available to the
civilian accrediting organization in a timely manner for
purposes of inspections under this section.
``(c) Reports.--Not later than 60 days after receiving a
report on an inspection from the civilian accrediting
organization under this section, the Chief Operating Officer
shall submit to the Secretary of Defense, the Senior Medical
Advisor, and the Advisory Council a report containing--
``(1) the results of the inspection; and
``(2) a plan to address any recommendations and other
matters set forth in the report.''.
(b) Conforming Amendments.--The Armed Forces Retirement
Home Act of 1991 (24 U.S.C. 401 et seq.) is further amended
as follows:
(1) In section 1513A(c)(2) (24 U.S.C. 413a(c)(2)), by
striking ``(including requirements identified in applicable
reports of the Inspector General of the Department of
Defense)''.
(2) In section 1516(b)(3) (24 U.S.C. 416(b)(3))--
(A) by striking ``shall--'' and all that follows through
``provide for'' and inserting ``shall provide for'';
(B) by striking ``; and'' and inserting a period; and
(C) by striking subparagraph (B).
(3) In section 1517(e)(2) (24 U.S.C. 417(e)(2)), by
striking ``the Inspector General of the Department of
Defense,''.
SEC. 1413. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE
ARMED FORCES RETIREMENT HOME.
(a) Expansion of Eligibility.--Section 1512(a) of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 412(a)) is
amended--
(1) in the matter preceding paragraph (1), by striking
``active'' in the first sentence;
(2) in paragraph (1), by striking ``are 60 years of age or
over and''; and
(3) by adding the following new paragraph:
``(5) Persons who are eligible for retired pay under
chapter 1223 of title 10, United States Code, and--
``(A) are eligible for care under section 1710 of title 38,
United States Code;
``(B) are enrolled in coverage under chapter 55 of title
10, United States Code; or
``(C) are enrolled in a qualified health plan acceptable to
the Chief Operating Officer.''.
(b) Parity of Fees and Deductions.--Section 1514(c) of such
Act (24 U.S.C. 414(c)) is amended--
(1) by striking paragraph (2) and inserting the following
new paragraph (2)
``(2)(A) The fee shall be fixed as a percentage of the
monthly income and monthly payments (including Federal
payments) received by a resident. The percentage shall be the
same for each facility of the Retirement Home. The Secretary
of Defense may make any adjustment in a percentage that the
Secretary determines appropriate.
``(B) The calculation of monthly income and monthly
payments under subparagraph (A) for a resident eligible under
section 1512(a)(5) shall not be less than the retirement pay
for equivalent active duty service as determined by the Chief
Operating Officer, except as the Chief Operating Officer may
provide because of compelling personal circumstances.''; and
(2) by adding at the end the following new paragraph:
``(4) The Administrator of each facility of the Retirement
Home may collect a fee upon admission from a resident
accepted under section 1512(a)(5) equal to the deductions
then in effect under section 1007(i)(1) of title 37, United
States Code, for each year of non-regular service, and shall
deposit such fee in the Armed Forces Retirement Home Trust
Fund.''.
(c) Conforming Amendment.--Section 1007(i)(3) of title 37,
United States Code, is amended by striking ``Armed Forces
Retirement Home Board'' and inserting ``Chief Operating
Officer of the Armed Forces Retirement Home''.
Subtitle C--Other Matters
SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT
DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND FOR
CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER,
ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated by section 1405 and available
for the Defense Health Program for operation and maintenance,
$130,400,000 may be transferred by the Secretary of Defense
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund established by
subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2571).
(b) Treatment of Transferred Funds.--For purposes of
subsection (a)(2) of such section 1704, any funds transferred
under subsection (a) shall be treated as amounts authorized
and appropriated specifically for the purpose of such a
transfer.
(c) Use of Transferred Funds.--For purposes of subsection
(b) of such section 1704, facility operations for which funds
transferred under subsection (a) may be used are operations
of the Captain James A. Lovell Federal Health Care Center,
consisting of the North Chicago Veterans Affairs Medical
Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500).
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
SEC. 1501. PURPOSE.
The purpose of this subtitle is to authorize appropriations
for the Department of Defense for fiscal year 2021 to provide
additional funds for overseas contingency operations being
carried out by the Armed Forces.
SEC. 1502. OVERSEAS CONTINGENCY OPERATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the Department of Defense for overseas
contingency operations in such amounts as may be designated
as provided in section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)(ii)).
[[Page S6837]]
SEC. 1503. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for procurement accounts for the Army, the Navy and
the Marine Corps, the Air Force, and Defense-wide activities,
as specified in the funding table in section 4102.
SEC. 1504. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4202.
SEC. 1505. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4302.
SEC. 1506. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel,
as specified in the funding table in section 4402.
SEC. 1507. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4502.
SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2021 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4502.
SEC. 1509. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2021 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4502.
SEC. 1510. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2021 for expenses, not
otherwise provided for, for the Defense Health Program, as
specified in the funding table in section 4502.
Subtitle B--Financial Matters
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be
appropriated by this Act.
SEC. 1522. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this title for fiscal year 2021 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $2,000,000,000.
(b) Terms and Conditions.--Transfers under this section
shall be subject to the same terms and conditions as
transfers under section 1001.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.
Subtitle C--Other Matters
SEC. 1531. AFGHANISTAN SECURITY FORCES FUND.
(a) Extension of Availability of Funds for Security of
Afghan Women.--Subsection (c)(1) of section 1520 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) is amended, in the matter preceding
subparagraph (A), by striking ``fiscal year 2020'' and
inserting ``fiscal year 2021''.
(b) Assessment of Afghanistan Progress on Objectives.--
Subsection (d) of such section is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``June 1, 2020'' and inserting ``March 1, 2021'';
(B) in subparagraph (A), by striking ``; and'' and
inserting ``, including specific milestones achieved since
the date on which the 2020 progress report was submitted;'';
(C) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(C) the efforts of the Government of the Islamic Republic
of Afghanistan to fulfill the commitments of the Government
of the Islamic Republic of Afghanistan under the Joint
Declaration between the Islamic Republic of Afghanistan and
the United States of America for Bringing Peace to
Afghanistan, issued on February 29, 2020.'';
(2) by amending paragraph (2) to read as follows:
``(2) Matters to be included.--In conducting the assessment
required by paragraph (1), the Secretary of Defense shall
include each of the following:
``(A) The progress made by the Government of the Islamic
Republic of Afghanistan toward increased accountability and
the reduction of corruption within the Ministry of Defense
and the Ministry of Interior of the Government of the Islamic
Republic of Afghanistan.
``(B) The extent to which the Government of the Islamic
Republic of Afghanistan has designated the appropriate staff,
prioritized the development of relevant processes, and
provided or requested the allocation of resources necessary
to support a peace and reconciliation process in Afghanistan.
``(C) The extent to which the capability and capacity of
the Afghan National Defense and Security Forces have improved
as a result of Afghanistan Security Forces Fund investment,
including through training, and an articulation of the
metrics used to assess such improvements.
``(D) The extent to which the Afghan National Defense and
Security Forces have been successful in--
``(i) defending territory, re-taking territory, and
disrupting attacks;
``(ii) reducing the use of Afghan National Defense and
Security Forces checkpoints; and
``(iii) curtailing the use of Afghan Special Security
Forces for missions that are better suited to general purpose
forces.
``(E) The distribution practices of the Afghan National
Defense and Security Forces and whether the Government of the
Islamic Republic of Afghanistan is ensuring that supplies,
equipment, and weaponry supplied by the United States are
appropriately distributed to, and employed by, security
forces.
``(F) The progress made with respect to the recruitment,
integration, retention, training, and treatment of women in
the Afghan National Defense and Security Forces.
``(G) The extent to which the Government of the Islamic
Republic of Afghanistan is adhering to conditions for
receiving assistance established in annual financial
commitment letters or any other bilateral agreement with the
United States.
``(H) Such other factors as the Secretaries consider
appropriate.''; and
(3) by amending paragraph (4) to read as follows:
``(4) Withholding of funds for insufficient progress.--
``(A) Certification.--Not later than December 31, 2020, the
Secretary of Defense, in coordination with the Secretary of
State and pursuant to the assessment under paragraph (1),
shall submit to the congressional defense committees a
certification indicating whether the Government of the
Islamic Republic of Afghanistan has made sufficient progress
in the areas described in paragraph (2).
``(B) Withholding of funds.--If the Secretary of Defense is
unable under subparagraph (A) to certify that the Government
of the Islamic Republic of Afghanistan is making sufficient
progress in the areas described in paragraph (2), the
Secretary of Defense shall--
``(i) withhold from expenditure and obligation an amount
that is not less than 5 percent and not more than 15 percent
of the amounts made available for assistance for the Afghan
National Defense and Security Forces for fiscal year 2021
until the date on which the Secretary is able to so certify;
and
``(ii) notify the congressional defense committees not
later than 30 days before withholding such funds and indicate
the specific areas of insufficient progress.
``(C) Waiver.--If the Secretary of Defense determines that
withholding such funds would impede the national security
objectives of the United States by prohibiting, restricting,
delaying, or otherwise limiting the provision of assistance
to the Afghan National Defense and Security Forces for fiscal
year 2021, the Secretary may waive the withholding
requirement under subparagraph (B) if the Secretary, in
coordination with the Secretary of State, certifies such
determination to the congressional defense committees not
later than 30 days before the effective date of the
waiver.''.
(c) Additional Reporting Requirements.--Subsection (e) of
such section is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal year 2021'' and inserting ``fiscal year 2022'';
(2) in paragraph (1), by striking ``fiscal year 2019'' and
inserting ``fiscal year 2020'';
(3) in paragraph (2), by striking ``fiscal year 2020'' and
inserting ``fiscal year 2021''; and
(4) by amending paragraph (3) to read as follows:
``(3) If the amounts described in paragraph (2) exceed the
amount described in paragraph (1)--
``(A) an explanation as to why such amounts are greater;
and
``(B) a detailed description of the specific entities and
purposes that were supported by such increase.''.
(d) Conforming Amendment.--Such section is further amended
by striking ``Government of Afghanistan'' each place it
appears and inserting ``Government of the Islamic Republic of
Afghanistan''.
[[Page S6838]]
SEC. 1532. TRANSITION AND ENHANCEMENT OF INSPECTOR GENERAL
AUTHORITIES FOR AFGHANISTAN RECONSTRUCTION.
(a) Sense of Senate.--It is the sense of the Senate to
commend the Special Inspector General for Afghanistan
Reconstruction, and the Office of the Special Inspector
General for Afghanistan Reconstruction, for--
(1) dedicated and faithful service to the United States
since their establishment in the 2008; and
(2) promoting substantial efficiency and effectiveness in
the administration of programs and operations funded with
amounts for the reconstruction of Afghanistan.
(b) Purposes.--Subsection (a) of section 1229 of the
National Defense Authorization Act for Fiscal Year 2008 (5
U.S.C. app. 8G note) is amended--
(1) in paragraph (3), by inserting after ``To provide for''
the following: ``the transition to the lead Inspector General
for Operation Freedom's Sentinel designated pursuant to
section 8L(d) of the Inspector General Act of 1978 (50 U.S.C.
app. 8L(d)) of all duties, responsibilities, and authorities
for serving''; and
(2) by adding at the end the following new paragraph:
``(4) To maximize coordination between the Inspector
General under this section and the lead Inspector General for
Operation Freedom's Sentinel, including through transparency
and timely sharing of data and information collected in
relation to the exercise of their respective duties,
responsibilities, and authorities, with emphasis on matters
of significant overlap between the Department of State, the
United States Agency for International Development, and the
Department of Defense.''.
(c) Assistant Inspector General for Auditing.--Subsection
(d)(1) of such section is amended by striking ``supported
by'' and inserting ``funded with''.
(d) Supervision.--Subsection (e)(2) of such section is
amended by inserting ``authorized by this section'' after
``any audit or investigation''.
(e) Duties.--Subsection (f) of such section is amended--
(1) in paragraph (1)--
(A) in subparagraph (E), by adding ``and'' at the end;
(B) by striking subparagraph (F);
(C) by redesignating subparagraph (G) as subparagraph (F);
and
(D) in subparagraph (F), as redesignated by subparagraph
(C) of this paragraph--
(i) by inserting ``with such funds'' after
``overpayments,''; and
(ii) by inserting ``regarding such funds,'' after ``or
affiliated entities'';
(2) in paragraph (2)--
(A) by striking ``The Inspector General'' and inserting
``As specified in this section, the Inspector General''; and
(B) by striking ``as the Inspector General considers
appropriate'' and inserting ``as necessary''; and
(3) by striking paragraph (4) and inserting the following
new paragraph (4):
``(4) Scope of duties and responsibilities.--
``(A) No extension to particular matters.--The duties and
responsibilities of the Inspector General under paragraphs
(1) through (3) shall not extend to the following:
``(i) Military operations or activities (including security
assistance or cooperation), unless such operations or
activities are funded using a Fund or account specified in
subsection (n)(1).
``(ii) Contracts for personal security.
``(B) Assignment of duties and responsibilities for such
matters.--Duties and responsibilities of inspectors general
with respect to operations and activities and contracts
specified in subparagraph (A) shall be discharged by the lead
Inspector General for Operation Freedom's Sentinel designated
pursuant to section 8L(d) of the Inspector General Act of
1978.''.
(f) Responsibility for Coordination of Efforts Vested in
Lead IG for Operation Freedom's Sentinel.--Such section is
further amended--
(1) by redesignating subsections (g) through (o) as
subsections (h) through (p), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Coordination and Deconfliction of Efforts.--
``(1) Coordination and deconfliction through lead ig for
operation freedom's sentinel.--The lead Inspector General for
Operation Freedom's Sentinel designated pursuant to section
8L(d) of the Inspector General Act of 1978 shall exercise all
duties, responsibilities, and authorities for the
coordination and deconfliction of inspector general
activities in or in regard to Afghanistan.
``(2) Coordination in discharge.--In carrying out duties,
responsibilities, and authorities under paragraph (1), the
lead Inspector General referred to in that paragraph shall
coordinate with, receive the cooperation of, and be
responsible for deconfliction among, the following:
``(A) Each Inspector General specified in section 8L(c) of
the Inspector General Act of 1978 who is not the lead
Inspector General for Operation Freedom's Sentinel.
``(B) The Inspector General under this section.''.
(g) Assistance From Federal Agencies.--Subsection (i) of
such section, as redesignated by subsection (f)(1) of this
section, is amended--
(1) in paragraph (5)(A), by inserting ``pertaining to the
exercise by the Inspector General of duties,
responsibilities, or authorities specified in subsection
(f)'' after ``information and assistance''; and
(2) by striking paragraph (6).
(h) Reports.--Subsection (j) of such section, as
redesignated by subsection (f)(1) of this section, is
amended--
(1) in paragraph (1)--
(A) by striking the matter preceding subparagraph (A) and
inserting the following new matter:
``(1) Semi-annual reports.--Not later than 30 days after
the end of the second quarter of each fiscal year, and not
later than 30 days after the end of the fourth quarter of
each fiscal year, the Inspector General shall submit to the
appropriate congressional committees a report setting forth a
summary, for the two fiscal year quarters ending before the
date on which such report is required to be submitted, of the
activities of the Inspector General and the activities under
programs and operations funded with amounts appropriated or
otherwise made available for the reconstruction of
Afghanistan. Each report shall include, for the period
covered by such report, the following:'';
(B) by striking subparagraph (A) and inserting the
following new subparagraph (A):
``(A) A detailed statement of all obligations and
expenditures of amounts appropriated or otherwise made
available for the reconstruction of Afghanistan.'';
(C) in subparagraph (B), by inserting ``projects and
programs funded by amounts appropriated or otherwise made
available'' after ``costs incurred to date for''; and
(D) in subparagraphs (C) and (D), by striking ``funded by
any department or agency of the United States Government''
each place it appears and inserting ``funded by amounts
appropriated or otherwise made available for the
reconstruction of Afghanistan''; and
(2) in paragraph (2), by striking ``that involves the use''
and all that follows and inserting ``that is funded by
amounts appropriated or otherwise made available for the
reconstruction of Afghanistan.''.
(i) Report Coordination.--Subsection (k) of such section,
as redesignated by subsection (f)(1) of this section, is
amended--
(1) in the subsection heading, by inserting ``by Inspector
General for Operation Freedom's Sentinel'' after ``Report
Coordination'';
(2) in paragraph (1), by striking ``and the Secretary of
Defense'' and inserting ``, the Secretary of Defense, and the
lead Inspector General for Operation Freedom's Sentinel
designated pursuant to section 8L(d) of the Inspector General
Act of 1978''; and
(3) in paragraph (2), by striking ``or the Secretary of
Defense'' each place it appears and inserting ``, the
Secretary of Defense, or the lead Inspector General referred
to in paragraph (1)''.
(j) Funds Subject to Oversight Responsibility.--Paragraph
(1) of subsection (n) of such section, as redesignated by
subsection (f)(1) of this section, is amended to read as
follows:
``(1) Amounts appropriated or otherwise made available for
the reconstruction of afghanistan.--The term `amounts
appropriated or otherwise made available for the
reconstruction of Afghanistan' means amounts appropriated or
otherwise made available for any fiscal year for the
reconstruction of Afghanistan under either of the following:
``(A) The Economic Support Fund.
``(B) The International Narcotics Control and Law
Enforcement account.
``(C) The Commanders Emergency Response Program Fund.
``(D) The NATO Afghanistan National Army Trust Fund.
``(E) The Drug Interdiction and Counter Drug Activities
Fund.
``(F) The Afghanistan Security Forces Fund.''.
(k) Termination.--Subsection (p) of such section, as
redesignated by subsection (f)(1) of this section, is
amended--
(1) by striking paragraph (2); and
(2) by adding at the end the following new paragraphs.
``(2) Assumption of duties, responsibilities, and
authorities in termination.--
``(A) In general.--Effective as of the date provided for in
subparagraph (B), the duties, responsibilities, and
authorities of the Inspector General under this section shall
be discharged by the lead Inspector General for Operation
Freedom's Sentinel designated pursuant to subsection (d) of
section 8L of the Inspector General Act of 1978.
``(B) Effective date.--The effective date provided for in
this subparagraph shall be such date after the date of the
termination of the Office of the Special Inspector General
for Afghanistan Reconstruction pursuant to paragraph (1) as
the Chair of the Council of Inspectors General on Integrity
and Efficiency under subsection (a) of section 8L of the
Inspector General Act of 1978 shall specify, which date may
not be more than 180 days after the date of such termination.
``(3) Final report.--The final report of the Inspector
General under this section shall consist of the semi-annual
report required by subsection (j)(1) for the last two fiscal
year quarters ending before the date of the termination of
the Office of the Special Inspector General for Afghanistan
Reconstruction pursuant to paragraph (1).''.
(l) Conforming and Technical Amendments.--
[[Page S6839]]
(1) In general.--Subject to paragraph (2), such section is
further amended as follows:
(A) In subsection (a)(2)(A), by inserting a comma after
``economy''.
(B) Subsection (a)(3) is amended to read as such subsection
read as of the day before the date of the enactment of this
Act.
(C) Paragraph (4) of subsection (a) is repealed.
(D) In subsection (f)(1)(E), by striking ``fund'' and
inserting ``funds''.
(E) In subsections (l) and (m), as redesignated by
subsection (f)(1) of this section--
(i) by striking ``subsection (i)'' each place it appears
and inserting ``subsection (j)''; and
(ii) by striking ``subsection (j)(2)'' each place it
appears and inserting ``subsection (k)(2)''.
(2) Effective dates.--The amendments made by subparagraphs
(A), (D) and (E) of paragraph (1) shall take effect on the
date of the enactment of this Act. The amendment made by
subparagraphs (B) and (C) of that paragraph shall take effect
on the effective date provided for in section 1229(p)(2)(B)
of the National Defense Authorization Act for Fiscal Year
2008, as redesignated by subsection (f)(1) and amended by
subsection (k).
(m) Conforming Amendment to Other Law.--Section 842(c) of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 234; 10 U.S.C. 2302 note) is
amended--
(1) by inserting ``(1)'' before ``The Special Inspector
General for Iraq Reconstruction''; and
(2) by adding at the end the following new paragraph:
``(2) Upon the assumption by the lead Inspector General for
Operation Freedom's Sentinel designated pursuant to section
8L(d) of the Inspector General Act of 1978 (5 U.S.C. app.
8L(d)) of duties, responsibilities, and authorities under
section 1229 of this Act, as provided for in subsection
(p)(2) of such section 1229, the requirement in paragraph (1)
to perform audits as required by subsection (a) with respect
to Afghanistan shall be discharged by such lead Inspector
General.''.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
SEC. 1601. RESILIENT AND SURVIVABLE POSITIONING, NAVIGATION,
AND TIMING CAPABILITIES.
(a) In General.--Not later than two years after the date of
the enactment of this Act, consistent with the timescale
applicable to joint urgent operational needs statements, the
Secretary of Defense shall--
(1) prioritize and rank order the mission elements,
platforms, and weapons systems most critical for the
operational plans of the combatant commands;
(2) mature, test, and produce for such prioritized mission
elements sufficient equipment--
(A) to generate resilient and survivable alternative
positioning, navigation, and timing signals; and
(B) to process resilient survivable data provided by
signals of opportunity and on-board sensor systems; and
(3) integrate and deploy such equipment into the
prioritized operational systems, platforms, and weapons
systems.
(b) Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a plan to commence carrying
out subsection (a) in fiscal year 2021.
(2) Reprogramming and budget proposals.--The plan submitted
under paragraph (1) may include any reprogramming or
supplemental budget request the Secretary considers necessary
to carry out subsection (a).
(c) Coordination.--In carrying out this section, the
Secretary shall consult with the National Security Council,
the Secretary of Homeland Security, the Secretary of
Transportation, and the head of any other relevant Federal
department or agency to enable civilian and commercial
adoption of technologies and capabilities for resilient and
survivable alternative positioning, navigation, and timing
capabilities to complement the global positioning system.
SEC. 1602. DEVELOPMENT EFFORTS FOR NATIONAL SECURITY SPACE
LAUNCH PROVIDERS.
(a) In General.--The Secretary of the Air Force shall
establish a program to develop technologies and systems to
enhance phase three National Security Space Launch
requirements and enable further advances in launch capability
associated with the insertion of national security payloads
into relevant classes of orbits.
(b) Duration.--The duration of a project to develop
technologies and systems selected under the program shall be
not more than three years.
(c) Program Expense Ceiling.--The total amount expended
under the program shall not exceed $250,000,000.
(d) Sunset.--The program established under this section
shall terminate on October 1, 2027.
SEC. 1603. TIMELINE FOR NONRECURRING DESIGN VALIDATION FOR
RESPONSIVE SPACE LAUNCH.
Not later than 540 days after the date on which the
Secretary of the Air Force selects two National Security
Space Launch providers in accordance with the phase two
acquisition strategy for the National Security Space Launch
program, the Secretary of Defense shall complete the
nonrecurring design validation of previously flown launch
hardware for National Security Space Launch providers that
offer such hardware for use in the phase two acquisition
strategy or other national security space missions.
SEC. 1604. TACTICALLY RESPONSIVE SPACE LAUNCH OPERATIONS.
The Secretary of the Air Force shall implement a tactically
responsive space launch program--
(1) to provide long-term continuity for tactically
responsive space launch operations across the future-years
defense program submitted to Congress under section 221 of
title 10, United States Code;
(2) to accelerate the development of--
(A) responsive launch concepts of operations;
(B) tactics;
(C) training; and
(D) procedures;
(3) to develop appropriate processes for tactically
responsive space launch, including--
(A) mission assurance processes; and
(B) command and control, tracking, telemetry, and
communications; and
(4) to identify basing capabilities necessary to enable
tactically responsive space launch, including mobile launch
range infrastructure.
SEC. 1605. CONFORMING AMENDMENTS RELATING TO REESTABLISHMENT
OF SPACE COMMAND.
(a) Certifications Regarding Integrated Tactical Warning
and Attack Assessment Mission of the Air Force.--Section
1666(a) of National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 113 Stat. 2617) is amended by
striking ``Strategic Command'' and inserting ``Space
Command''.
(b) Council on Oversight of the Department of Defense
Positioning, Navigation, and Timing Enterprise.--Section
2279b of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (7), (8), (9), and (10) as
paragraphs (8), (9), (10), and (11), respectively; and
(B) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The Commander of the United States Space Command.'';
and
(2) in subsection (f), by striking ``Strategic Command''
each place it appears and inserting ``Space Command''.
(c) Joint Interagency Combined Space Operations Center.--
Section 605(e) of the Intelligence Authorization Act for
Fiscal Year 2017 (Public Law 115-31; 131 Stat. 832) is
amended--
(1) in the subsection heading, by striking ``Joint
Interagency Combined Space Operations Center'' and inserting
``National Space Defense Center''; and
(2) by striking ``Strategic Command'' each place it appears
and inserting ``Space Command''; and
(3) by striking ``Joint Interagency Combined Space
Operations Center'' each place it appears and inserting
``National Space Defense Center''.
(d) National Security Space Satellite Reporting Policy.--
Section 2278(a) of title 10, United States Code, is amended
by striking ``Strategic Command'' and inserting ``Space
Command''.
(e) Space-based Infrared System and Advanced Extremely High
Frequency Program.--Section 1612(a)(1) of the National
Defense Authorization Act for 2017 (Public Law 114-328; 130
Stat. 2590) is amended by striking ``Strategic Command'' and
inserting ``Space Command''.
SEC. 1606. SPACE DEVELOPMENT AGENCY DEVELOPMENT REQUIREMENTS
AND TRANSFER TO SPACE FORCE.
(a) Development.--The Director of the Space Development
Agency shall lead--
(1) the development and demonstration of a resilient
military space-based sensing, tracking, and data transport
architecture that primarily uses a proliferated low-Earth
orbit; and
(2) the integration of next-generation space capabilities,
and sensor and tracking components (including a hypersonic
and ballistic missile-tracking space sensor payload), into
such architecture to address the requirements and needs of
the Armed Forces and combatant commands for such
capabilities.
(b) Organization.--On October 1, 2022, or earlier if
directed by the Secretary of Defense, the Space Development
Agency shall be transferred from the Office of the Secretary
of Defense to the United States Space Force and shall
maintain the same organizational reporting requirements and
acquisition authorities as the Space Rapid Capability Office.
SEC. 1607. SPACE LAUNCH RATE ASSESSMENT.
Not later than 90 days after the date of the enactment of
this Act, and biennially thereafter for the following five-
year period, the Secretary of the Air Force shall submit to
the congressional defense committees an assessment that
includes--
(1) the total number of space launches for all national
security and Federal civil agency entities conducted in the
United States during the preceding two-year period; and
(2) the number of space launches by the same sponsors
projected to occur during the following three-year period,
including--
(A) the number of launches, disaggregated by class of
launch vehicle; and
(B) the number of payloads, disaggregated by orbital
destination.
[[Page S6840]]
SEC. 1608. REPORT ON IMPACT OF ACQUISITION STRATEGY FOR THE
NATIONAL SECURITY SPACE LAUNCH PROGRAM ON
EMERGING FOREIGN SPACE LAUNCH PROVIDERS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Air Force shall submit to
Congress a report on the impact of the acquisition strategy
for the National Security Space Launch program on the
potential for foreign countries, including the People's
Republic of China, to enter the global commercial space
launch market.
SEC. 1609. LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING.
(a) In General.--In acquiring geospatial-intelligence, the
Secretary of Defense, in coordination with the Director of
the National Reconnaissance Office and the Director of the
National Geospatial-Intelligence Agency, shall leverage, to
the maximum extent practicable, the capabilities of United
States industry, including through the use of commercial
geospatial-intelligence services and acquisition of
commercial satellite imagery.
(b) Obtaining Future Geospatial-intelligence Data.--The
Director of the National Reconnaissance Office, as part of an
analysis of alternatives for the future acquisition of space
systems for geospatial-intelligence, shall--
(1) consider whether there is a suitable, cost-effective,
commercial capability available that can meet any or all of
the geospatial-intelligence requirements of the Department
and the intelligence community;
(2) if a suitable, cost-effective, commercial capability is
available as described in paragraph (1), determine whether it
is in the national interest to develop a governmental space
system for geospatial intelligence; and
(3) include, as part of the established acquisition
reporting requirements to the appropriate committees of
Congress, any determination made under paragraphs (1) and
(2).
(c) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the congressional defense committees;
(B) the Select Committee on Intelligence of the Senate; and
(C) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) The term ``intelligence community'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
Subtitle B--Cyberspace-Related Matters
SEC. 1611. MODIFICATION OF POSITION OF PRINCIPAL CYBER
ADVISOR.
(a) In General.--Subsection (c) of section 932 of the
National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 10 U.S.C. 2224 note) is amended to read
as follows:
``(c) Principal Cyber Advisor.--
``(1) Designation.--The Secretary shall designate a
Principal Cyber Advisor from among those civilian officials
of the Department of Defense who have been appointed to the
positions in which they serve by the President, by and with
the advice and consent of the Senate.
``(2) Responsibilities.--The Principal Cyber Advisor shall
be responsible for the following:
``(A) Acting as the principal advisor to the Secretary on
military cyber forces and activities.
``(B) Overall integration of Cyber Operations Forces
activities relating to cyberspace operations, including
associated policy and operational considerations, resources,
personnel, technology development and transition, and
acquisition.
``(C) Assessing and overseeing the implementation of the
cyber strategy of the Department and execution of the cyber
posture review of the Department on behalf of the Secretary.
``(D) Coordinating activities pursuant to subparagraphs (A)
and (B) of subsection (c)(3) with the Principal Information
Operations Advisor, the Chief Information Officer of the
Department, and other officials as determined by the
Secretary of Defense, to ensure the integration of activities
in support of cyber, information, and electromagnetic
spectrum operations.
``(E) Such other matters relating to the offensive military
cyber forces of the Department as the Secretary shall specify
for the purposes of this subsection.
``(3) Cross-functional team.--Consistent with section 911
of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 10 U.S.C. 111 note), the Principal
Cyber Advisor shall--
``(A) integrate the cyber expertise and perspectives of
appropriate organizations within the Office of the Secretary
of Defense, Joint Staff, military departments, the Defense
Agencies and Field Activities, and combatant commands, by
establishing and maintaining a full-time cross-functional
team of subject matter experts from those organizations; and
``(B) select team members, and designate a team leader,
from among those personnel nominated by the heads of such
organizations.''.
(b) Designation of Deputy Principal Cyber Advisor.--Section
905(a)(1) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is amended by striking
``Under Secretary of Defense for Policy'' and inserting
``Secretary of Defense''.
SEC. 1612. FRAMEWORK FOR CYBER HUNT FORWARD OPERATIONS.
(a) Framework Required.--Not later than February 1, 2021,
the Secretary of Defense shall develop a standard,
comprehensive framework to enhance the consistency,
execution, and effectiveness of cyber hunt forward
operations.
(b) Elements.--The framework developed pursuant to
subsection (a) shall include the following:
(1) Identification of the selection criteria for proposed
hunt forward operations, including specification of necessary
thresholds for the justification of operations and thresholds
for partner cooperation.
(2) The roles and responsibilities of the following
organizations in the support of the planning and execution of
hunt forward operations:
(A) United States Cyber Command.
(B) Service cyber components.
(C) The Office of the Under Secretary of Defense for
Policy.
(D) Geographic combatant commands.
(E) Cyber Operations-Integrated Planning Elements and Joint
Cyber Centers.
(F) Embassies and consulates of the United States.
(3) Pre-deployment planning guidelines to maximize the
operational success of each unique operation, including
guidance that takes into account the highly variable nature
of the following aspects at the tactical level:
(A) Team composition, including necessary skillsets,
recommended training, and guidelines on team size and
structure.
(B) Relevant factors to determine mission duration in a
country of interest.
(C) Agreements with partner countries required pre-
deployment.
(D) Criteria for potential follow-on operations.
(E) Equipment and infrastructure required to support the
missions.
(4) Metrics to measure the effectiveness of each operation,
including means to evaluate the value of discovered malware
and infrastructure, the effect on the adversary, and the
potential for future engagements with the partner country.
(5) Roles and responsibilities for United States Cyber
Command and the National Security Agency in the analysis of
relevant mission data.
(6) Such other matters as the Secretary determines
relevant.
(c) Briefing.--
(1) In general.--Not later than March 1, 2021, the
Secretary of Defense shall provide to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a briefing on the framework
developed pursuant to subsection (a).
(2) Contents.--The briefing required by paragraph (1) shall
include the following:
(A) An overview of the framework developed in subsection
(a).
(B) An explanation of the tradeoffs associated with the use
of Department of Defense resources for hunt forward missions
in the context of competing priorities.
(C) Such recommendations as the Secretary may have for
legislative action to improve the effectiveness of hunt
forward missions.
SEC. 1613. MODIFICATION OF SCOPE OF NOTIFICATION REQUIREMENTS
FOR SENSITIVE MILITARY CYBER OPERATIONS.
Subsection (c) of section 395 of title 10, United States
Code, is amended to read as follows:
``(c) Sensitive Military Cyber Operation Defined.--(1) In
this section, the term `sensitive military cyber operation'
means an action described in paragraph (2) that--
``(A) is carried out by the armed forces of the United
States;
``(B) is intended to achieve a cyber effect against a
foreign terrorist organization or a country, including its
armed forces and the proxy forces of that country located
elsewhere --
``(i) with which the armed forces of the United States are
not involved in hostilities (as that term is used in section
4 of the War Powers Resolution (50 U.S.C. 1543)); or
``(ii) with respect to which the involvement of the armed
forces of the United States in hostilities has not been
acknowledged publicly by the United States; and
``(C)(i) is determined to--
``(I) have a medium or high collateral effects estimate;
``(II) have a medium or high intelligence gain or loss;
``(III) have a medium or high probability of political
retaliation, as determined by the political military
assessment contained within the associated concept of
operations;
``(IV) have a medium or high probability of detection when
detection is not intended; or
``(V) result in medium or high collateral effects; or
``(ii) is a matter the Secretary determines to be
appropriate.
``(2) The actions described in this paragraph are the
following:
``(A) An offensive cyber operation.
``(B) A defensive cyber operation.''.
SEC. 1614. MODIFICATION OF REQUIREMENTS FOR QUARTERLY
DEPARTMENT OF DEFENSE CYBER OPERATIONS
BRIEFINGS FOR CONGRESS.
Section 484 of title 10, United States Code, is amended by
striking subsections (a) and (b) and inserting the following
new subsections:
``(a) Briefings Required.--The Under Secretary of Defense
for Policy, the Commander of United States Cyber Command, and
the
[[Page S6841]]
Chairman of the Joint Chiefs of Staff, or designees from each
of their offices, shall provide to the congressional defense
committees quarterly briefings on all offensive and
significant defensive military operations in cyberspace,
including clandestine cyber activities, carried out by the
Department of Defense during the immediately preceding
quarter.
``(b) Elements.--Each briefing under subsection (a) shall
include, with respect to the military operations in
cyberspace described in such subsection, the following:
``(1) An update, set forth separately for each applicable
geographic and functional command, that describes the
operations carried out in the area of operations of that
command or by that command.
``(2) An update, set forth for each applicable geographic
and functional command, that describes defensive cyber
operations executed to protect or defend forces, networks,
and equipment in the area of operations of that command.
``(3) An update on relevant authorities and legal issues
applicable to operations, including any presidential
directives and delegations of authority received since the
last quarterly update.
``(4) An overview of critical operational challenges posed
by major adversaries or encountered in operational activities
conducted since the last quarterly update.
``(5) An overview of the readiness of the Cyber Mission
Forces to perform assigned missions that--
``(A) addresses all of the abilities of such Forces to
conduct cyberspace operations based on capability and
capacity of personnel, equipment, training, and equipment
condition--
``(i) using both quantitative and qualitative metrics; and
``(ii) in a way that is common to all military departments;
and
``(B) is consistent with readiness reporting pursuant to
section 482 of this title.
``(6) Any other matters that the briefers determine to be
appropriate.
``(c) Documents.--Each briefing under subsection (a) shall
include a classified placemat, summarizing the elements
specified in paragraphs (1), (2), (3), and (5) of subsection
(b), and an unclassified memorandum, summarizing the
briefing's contents.''.
SEC. 1615. RATIONALIZATION AND INTEGRATION OF PARALLEL
CYBERSECURITY ARCHITECTURES AND OPERATIONS.
(a) Review Required.--The Commander of United States Cyber
Command, with support from the Chief Information Officer of
the Department of Defense, the Chief Data Officer of the
Department, the Principal Cyber Advisor, the Vice Chairman of
the Joint Chiefs of Staff, and the Director of Cost Analysis
and Program Evaluation, shall conduct a review of the
Cybersecurity Service Provider and Cyber Mission Force
enterprises.
(b) Assessment and Identification of Redundancies and
Gaps.--The review required by subsection (a) shall assess and
identify--
(1) the optimal way to integrate the Joint Cyber
Warfighting Architecture and the Cybersecurity Service
Provider architectures, associated tools and capabilities,
and associated concepts of operations;
(2) redundancies and gaps in network sensor deployment and
data collection and analysis for the--
(A) Big Data Platform;
(B) Joint Regional Security Stacks; and
(C) Security Information and Event Management capabilities;
(3) where integration, collaboration, and interoperability
are not occurring that would improve outcomes;
(4) baseline training, capabilities, competencies,
operational responsibilities, and joint concepts of
operations for the Joint Force Headquarters for the
Department of Defense Information Network, Cybersecurity
Service Providers, and Cyber Protection Teams;
(5) the roles and responsibilities of the Principal Cyber
Advisor, Chief Information Officer, and the Commander of
United States Cyber Command in establishing and overseeing
the baselines assessed and identified under paragraph (4);
(6) the optimal command structure for the military
services' and combatant commands' cybersecurity service
providers and cyber protection teams;
(7) the responsibilities of network owners and
cybersecurity service providers in mapping, configuring,
instrumenting, and deploying sensors on networks to best
support response of cyber protection teams when assigned to
defend unfamiliar networks; and
(8) operational concepts and engineering changes to enhance
remote access and operations of cyber protection teams on
networks through tools and capabilities of the Cybersecurity
Service Providers.
(c) Recommendations for Fiscal Year 2023 Budget.--The Chief
Information Officer, the Chief Data Officer, the Commander of
United States Cyber Command, and the Principal Cyber Advisor
shall jointly develop recommendations for the Secretary of
Defense in preparation of the budget justification materials
to be submitted to Congress in support of the budget for the
Department of Defense for fiscal year 2023 (as submitted with
the budget of the President for such fiscal year under
section 1105(a) of title 31, United States Code).
(d) Progress Briefing.--Not later than March 31, 2021, the
Chief Information Officer, the Chief Data Officer, the
Commander of United States Cyber Command, and the Principal
Cyber Advisor shall jointly provide a briefing to the
congressional defense committees on the progress made in
carrying out this section.
SEC. 1616. MODIFICATION OF ACQUISITION AUTHORITY OF COMMANDER
OF UNITED STATES CYBER COMMAND.
Section 807 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2224 note) is
amended--
(1) by striking subsections (e) and (i); and
(2) by redesignating subsections (f) through (h) as
subsections (e) through (g), respectively.
SEC. 1617. ASSESSMENT OF CYBER OPERATIONAL PLANNING AND
DECONFLICTION POLICIES AND PROCESSES.
(a) Assessment.--Not later than November 1, 2021, the
Principal Cyber Advisor of the Department of Defense and the
Commander of United States Cyber Command shall jointly, in
coordination with the Under Secretary of Defense for Policy,
the Under Secretary of Defense for Intelligence and Security,
and the Chairman of the Joint Chiefs of Staff, conduct and
complete an assessment on the operational planning and
deconfliction policies and processes that govern cyber
operations of the Department of Defense.
(b) Elements.--The assessment required by subsection (a)
shall include evaluations as to whether--
(1) the joint targeting cycle and relevant operational and
targeting databases are suitable for the conduct of timely
and well-coordinated cyber operations;
(2) each of the policies and processes in effect to
facilitate technical, operational, and capability
deconfliction are appropriate for the conduct of timely and
effective cyber operations;
(3) intelligence gain-loss decisions made by Cyber Command
are sufficiently well-informed and made in timely fashion;
(4) relevant intelligence data and products are
consistently available and distributed to relevant planning
and operational elements in Cyber Command;
(5) collection operations and priorities meet the
operational requirements of Cyber Command; and
(6) authorities relevant to intelligence, surveillance, and
reconnaissance and operational preparation of the environment
are delegated to the appropriate level.
(c) Briefing.--Not later than February 1, 2022, the
Principal Cyber Advisor and the Commander of United States
Cyber Command shall provide to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a briefing on the findings of
the assessment completed under subsection (a), including
discussion of planned policy and process changes, if any,
relevant to cyber operations.
SEC. 1618. PILOT PROGRAM ON CYBERSECURITY CAPABILITY METRICS.
(a) Pilot Program Required.--The Secretary of Defense,
acting through the Chief Information Officer of the
Department of Defense and the Commander of United States
Cyber Command, shall conduct a pilot program to assess the
feasibility and advisability of developing and using speed-
based metrics to measure the performance and effectiveness of
security operations centers and cyber security service
providers in the Department of Defense.
(b) Requirements.--
(1) Development of metrics.--(A) Not later than July 1,
2021, the Chief Information Officer and the Commander shall
jointly develop metrics described in subsection (a) to carry
out the pilot program under such subsection.
(B) The Chief Information Officer and the Commander shall
ensure that the metrics developed under subparagraph (A) are
commensurate with the representative timelines of nation-
state and non-nation-state actors when gaining access to, and
compromising, Department networks.
(2) Use of metrics.--(A) Not later than December 1, 2021,
the Secretary shall, in carrying out the pilot program
required by subsection (a), begin using the metrics developed
under paragraph (1) of this subsection to assess select
security operations centers and cyber security service
providers, which the Secretary shall select specifically for
purposes of the pilot program, for a period of not less than
four months.
(B) In carrying out the pilot program under subsection (a),
the Secretary shall evaluate the effectiveness of operators,
capabilities available to operators, and operators' tactics,
techniques, and procedures.
(c) Authorities.--In carrying out the pilot program under
subsection (a), the Secretary may--
(1) assess select security operations centers and cyber
security service providers--
(A) over the course of their mission performance; or
(B) in the testing and accreditation of cybersecurity
products and services on test networks designated pursuant to
section 1658 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92); and
(2) assess select elements' use of security orchestration
and response technologies, modern endpoint security
technologies, Big Data Platform instantiations, and
technologies relevant to zero trust architectures.
(d) Briefing.--
(1) In general.--Not later than March 1, 2022, the
Secretary shall brief the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives on the findings of the Secretary with respect
to the pilot program required by subsection (a).
[[Page S6842]]
(2) Elements.--The briefing provided under paragraph (1)
shall include the following:
(A) The pilot metrics developed under subsection (b)(1).
(B) The findings of the Secretary with respect to the
assessments carried out under subsection (b)(2).
(C) An analysis of the utility of speed-based metrics in
assessing security operations centers and cyber security
service providers.
(D) An analysis of the utility of the extension of the
pilot metrics to or speed-based assessment of the Cyber
Mission Forces.
(E) An assessment of the technical and procedural measures
that would be necessary to meet the speed-based metrics
developed and applied in the pilot program.
SEC. 1619. ASSESSMENT OF EFFECT OF INCONSISTENT TIMING AND
USE OF NETWORK ADDRESS TRANSLATION IN
DEPARTMENT OF DEFENSE NETWORKS.
(a) In General.--Not later than March 1, 2021, the Chief
Information Officer of the Department of Defense shall
conduct comprehensive assessments as follows:
(1) Timing variability in department networks.--The Chief
Information Officer shall characterize--
(A) timing variability across Department information
technology and operational technology networks, appliances,
devices, applications, and sensors that generate time-stamped
data and metadata used for cybersecurity purposes;
(B) how timing variability affects current, planned, and
potential capabilities for detecting network intrusions that
rely on correlating events and the sequence of events; and
(C) how to harmonize standard of timing across Department
networks.
(2) Use of network address translation.--The Chief
Information Officer shall characterize--
(A) why and how the Department is using Network Address
Translation (NAT) and multiple layers and nesting of Network
Address Translation;
(B) how using Network Address Translation affects the
ability to link malicious communications detected at various
network tiers to specific endpoints or hosts to enable prompt
additional investigations, quarantine decisions, and
remediation activities; and
(C) what steps and associated cost and schedule are
necessary to eliminate the use of Network Address Translation
or to otherwise provide transparency to network defenders,
including options to accelerate the transition from Internet
Protocol version 4 to Internet Protocol version 6.
(b) Recommendation.--The Chief Information Officer and the
Principal Cyber Advisor shall submit to the Secretary of
Defense a recommendation to address the assessments conducted
under subsection (a), including whether and how to revise the
cyber strategy of the Department.
(c) Briefing.--Not later than April 1, 2021, the Chief
Information Officer shall brief the congressional defense
committees on the findings of the Chief Information Officer
with respect to the assessments conducted under subsection
(a) and the recommendation submitted under subsection (b).
SEC. 1620. MATTERS CONCERNING THE COLLEGE OF INFORMATION AND
CYBERSPACE AT NATIONAL DEFENSE UNIVERSITY.
(a) Prohibition.--The Secretary of Defense may not
eliminate, divest, downsize, or reorganize the College of
Information and Cyberspace of the National Defense
University, or seek to reduce the number of students educated
at the College, until 30 days after the date on which the
congressional defense committees receive the report required
by subsection (c).
(b) Assessment, Determination, and Review.--The Under
Secretary of Defense for Policy, in consultation with the
Under Secretary of Defense for Personnel and Readiness, the
Principal Cyber Advisor, the Principal Information Operations
Advisor of the Department of Defense, the Chief Information
Officer of the Department, the Chief Financial Officer of the
Department, the Chairman of the Joint Chiefs of Staff, and
the Commander of United States Cyber Command, shall--
(1) assess requirements for joint professional military
education and civilian leader education in the information
environment and cyberspace domain to support the Department
and other national security institutions of the Federal
Government;
(2) determine whether the importance, challenges, and
complexity of the modern information environment and
cyberspace domain warrant--
(A) a college at the National Defense University, or a
college independent of the National Defense University whose
leadership is responsible to the Office of the Secretary of
Defense; and
(B) the provision of resources, services, and capacity at
levels that are the same as, or decreased or enhanced in
comparison to, those resources, services, and capacity in
place at the College of Information and Cyberspace on January
1, 2019;
(3) review the plan proposed by the National Defense
University for eliminating the College of Information and
Cyberspace and reducing and restructuring the information and
cyberspace faculty, course offerings, joint professional
military education and degree and certificate programs, and
other services provided by the College; and
(4) assess the changes made to the College of Information
and Cyberspace since January 1, 2019, and the actions
necessary to reverse those changes, including relocating the
College and its associated budget, faculty, staff, students,
and facilities outside of the National Defense University.
(c) Report Required.--Not later than February 1, 2021, the
Secretary shall submit to the congressional defense
committees a report on--
(1) the findings of the Secretary with respect to the
assessments, determination, and review conducted under
subsection (b); and
(2) such recommendations as the Secretary may have for
higher education in the information environment and
cyberspace domain.
SEC. 1621. MODIFICATION OF MISSION OF CYBER COMMAND AND
ASSIGNMENT OF CYBER OPERATIONS FORCES.
Section 167b of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by inserting ``(1)'' before
``With the advice'';
(B) in paragraph (1), as designated by subparagraph (A), by
striking the second sentence; and
(C) by adding at the end the following new paragraph:
``(2) The principal mission of the cyber command is to
direct, synchronize, and coordinate cyber planning and
operations to defend and advance national interests in
collaboration with domestic and international partners.'';
and
(2) by amending subsection (b) to read as follows:
``(b) Assignment of Forces.--(1) Active and reserve cyber
forces of the armed forces shall be assigned to the cyber
command through the Global Force Management Process, as
approved by the Secretary of Defense.
``(2) Cyber forces not assigned to cyber command remain
assigned to combatant commands or service-retained.''.
SEC. 1622. INTEGRATION OF DEPARTMENT OF DEFENSE USER ACTIVITY
MONITORING AND CYBERSECURITY.
(a) Integration of Plans, Capabilities, and Systems.--The
Secretary of Defense shall integrate the plans, capabilities,
and systems for user activity monitoring, and the plans,
capabilities, and systems for endpoint cybersecurity and the
collection of metadata on network activity for cybersecurity
to enable mutual support and information sharing.
(b) Requirements.--In carrying out subsection (a), the
Secretary shall--
(1) consider using the Big Data Platform instances that
host cybersecurity metadata for storage and analysis of all
user activity monitoring data collected across the Department
of Defense Information Network at all security classification
levels;
(2) develop policies and procedures governing access to
user activity monitoring data or data derived from user
activity monitoring by cybersecurity operators; and
(3) develop processes and capabilities for using metadata
on host and network activity for user activity monitoring in
support of the insider threat mission.
(c) Congressional Briefing.--Not later than October 1,
2021, the Secretary shall provide a briefing to the
congressional defense committees on actions taken to carry
out this section.
SEC. 1623. DEFENSE INDUSTRIAL BASE CYBERSECURITY SENSOR
ARCHITECTURE PLAN.
(a) Plan Required.--Not later than February 1, 2021, the
Principal Cyber Advisor of the Department of Defense, in
consultation with the Chief Information Officer of the
Department, the Under Secretary of Defense for Acquisition
and Sustainment, the Under Secretary of Defense for
Intelligence and Security, and the Commander of United States
Cyber Command, shall develop a comprehensive plan for the
deployment of commercial-off-the-shelf solutions on supplier
networks to monitor the public-facing Internet attack surface
in the defense industrial base.
(b) Contents.--The plan required by subsection (a) shall
include the following:
(1) Definition of an architecture, concept of operations,
and governance structure that--
(A) will allow for the instrumentation and collection of
cybersecurity data on the public-facing Internet attack
surfaces of defense industrial base contractors in a manner
that is compatible with the Department's existing or future
capabilities for analysis, and instrumentation and
collection, as appropriate, of cybersecurity data within the
Department of Defense Information Network;
(B) includes the expected scale, schedule, and guiding
principles of deployment;
(C) is consistent with the defense industrial base
cybersecurity policies and programs of the Under Secretary of
Defense for Acquisition and Sustainment and the Chief
Information Officer; and
(D) includes an acquisition strategy for sensor
capabilities that optimizes required capability, scalability,
cost, and intelligence and cybersecurity requirements.
(2) Roles and responsibilities of the persons referred to
in subsection (a) in implementing and executing the plan.
(c) Consultation.--In developing the plan required by
subsection (a), the Principal Cyber Advisor shall ensure that
extensive consultation with representative companies of the
defense industrial base occurs so as to ensure that
prospective participants in the defense industrial base
understand and agree that emerging solutions are acceptable,
practical, and effective.
(d) Briefing.--Not later than March 1, 2021, the Principal
Cyber Advisor shall provide a
[[Page S6843]]
briefing to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives on the plan developed pursuant to subsection
(a).
SEC. 1624. EXTENSION OF CYBERSPACE SOLARIUM COMMISSION TO
TRACK AND ASSESS IMPLEMENTATION.
Section 1652 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
as amended by section 1639 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
is further amended--
(1) in subsection (b)(1)(B)--
(A) in clause (i), by striking ``under clauses (iv) through
(vii) of subparagraph (A)'' and inserting ``under clauses (v)
through (viii) of subparagraph (A)''; and
(B) by adding at the end the following new clause:
``(iv) Effective on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2021, the
composition of the Commission shall not include clauses (i)
through (iv) of subparagraph (A).'';
(2) in subsection (d)(2), by striking ``Seven members
shall'' and inserting ``Seven members, during the period
beginning on the date of the establishment of the Commission
and ending on the day before the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2021, and
six members, during the period beginning on the date of the
enactment of such Act and ending on the date of the
termination of the Commission, shall'';
(3) in subsection (i)(1)(B)--
(A) by striking ``Members of the Commission who'' inserting
``(i) During the period beginning on the date of the
establishment of the Commission and ending on the day before
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2021, members of the
Commission who''; and
(B) by adding at the end the following new clause:
``(ii) During the period beginning on the date of the
enactment of such Act and ending on the date of the
termination of the Commission, members of the Commission who
are Members of Congress shall receive no additional pay by
reason of their service on the Commission.''; and
(4) in subsection (k)(2)--
(A) in subparagraph (A), by striking ``120 day period'' and
inserting ``16 month period with no further extensions
permitted'';
(B) by amending subparagraph (B) to read as follows:
``(B) The Commission may use the 16 month period referred
to in subparagraph (A) for the purposes of--
``(i) collecting and assessing comments and feedback from
the Federal departments and agencies, as well as published
reviews, on the analysis and recommendations contained in the
final report under paragraph (1);
``(ii) collecting and assessing any developments in
cybersecurity that may affect the recommendations in such
report;
``(iii) reviewing the implementation of the recommendations
contained in such report; and
``(iv) revising or amending recommendations based on the
assessments and reviews conducted under clauses (i) through
(iii);
``(C) During the 16 month period referred to in
subparagraph (A), the Commission shall--
``(i) provide, in such manner and format as the Commission
considers appropriate, an annual update on such report and
any revisions or amendments reached by the Commission under
subparagraph (B)(iv) to--
``(I) the Committee on Armed Services, the Select Committee
on Intelligence, and the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(II) the Committee on Armed Services, the Permanent
Select Committee on Intelligence, and the Committee on
Homeland Security of the House of Representatives;
``(III) the Director of National Intelligence;
``(IV) the Secretary of Defense; and
``(V) the Secretary of Homeland Security; and
``(ii) conclude its activities, including providing
testimony to Congress concerning the final report under
paragraph (1) and disseminating such report.''; and
(C) by adding at the end the following new subparagraph:
``(D) In the event that the Commission is extended, and the
effective date of the extension comes after the time set for
the Commission's termination, the Commission shall be deemed
reconstituted with the same members and powers that existed
at the time of termination of the Commission, except that--
``(i) a member of the Commission shall only serve if the
member's position continues to be authorized under subsection
(b);
``(ii) no compensation or entitlements relating to a
person's status with the Commission shall be due for the
period between the termination and reconstitution of the
Commission;
``(iii) nothing in this paragraph shall be deemed as
requiring the extension or reemployment of any staff member
or contractor working for the Commission;
``(iv) the staff of the commission--
``(I) shall be selected by the co-chairs of the Commission
in accordance with subsection (h)(1);
``(II) shall be comprised of not more than four
individuals, including a staff director;
``(III) shall be resourced in accordance with subsection
(g)(4)(A); and
``(IV) with the approval of the co-chairs, may be provided
by contract with a nongovernmental organization;
``(v) any unexpended funds made available for the use of
the Commission shall continue to be available for use for the
life of the Commission, as well as any additional funds
appropriated to the Department of Defense that are made
available to the Commission, provided that the total such
funds does not exceed $1,000,000 from the reconstitution of
the Commission to the completion of the Commission; and
``(vi) the requirement for an annual assessment of the
final report in subsection (l) shall be in effect until the
termination of the Commission.''.
SEC. 1625. REVIEW OF REGULATIONS AND PROMULGATION OF GUIDANCE
RELATING TO NATIONAL GUARD RESPONSES TO CYBER
ATTACKS.
(a) In General.--Not later than December 31, 2021, the
Secretary of Defense, in coordination with the Secretary of
Homeland Security, shall--
(1) review and, if the Secretary determines necessary,
update regulations promulgated under section 903 of title 32,
United States Code, to clarify when and under what conditions
the participation of the National Guard in a response to a
cyber attack qualifies as a homeland defense activity that
would be compensated for by the Secretary of Defense under
section 902 of such title; and
(2) promulgate guidance on how units of the National Guard
shall collaborate with the Cybersecurity and Infrastructure
Security Agency and the Federal Bureau of Investigation
through multi-agency task forces, information-sharing groups,
incident response planning and exercises, State fusion
centers, and other relevant forums and activities.
(b) Annex of National Cyber Incident Response Plan.--Not
later than December 31, 2021, the Secretary of Homeland
Security, in coordination with the Secretary of Defense,
shall develop an annex to the National Cyber Incident
Response Plan that details those regulations and guidance
reviewed, updated, and promulgated under paragraphs (1) and
(2) of subsection (a).
SEC. 1626. IMPROVEMENTS RELATING TO THE QUADRENNIAL CYBER
POSTURE REVIEW.
Section 1644(c) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91), as amended by
section 1635 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is further amended--
(1) by amending paragraph (1) to read as follows:
``(1) The assessment and definition of the role of cyber
forces in the national defense and military strategies of the
United States.'';
(2) by amending paragraph (2) to read as follows:
``(2) Review of the following:
``(A) The role of cyber operations in combatant commander
warfighting plans.
``(B) The ability of combatant commanders to respond to
adversary cyber attacks.
``(C) The cyber capacity-building programs of the
Department.'';
(3) by amending paragraph (3) to read as follows:
``(3) A review of the law, policies, and authorities
relating to, and necessary for, the United States to maintain
a safe, reliable, and credible cyber posture for defending
against and responding to cyber attacks and for deterrence in
cyberspace, including the following:
``(A) An assessment of the need for further delegation of
cyber-related authorities, including those germane to
information warfare, to the Commander of United States Cyber
Command.
``(B) An evaluation of the adequacy of mission authorities
for all cyber-related military components, defense agencies,
directorates, centers, and commands.'';
(4) in paragraph (4), by striking ``A declaratory'' and
inserting ``A review of the need for or for updates to a
declaratory'';
(5) in paragraph (5), by striking ``Proposed'' and
inserting ``A review of'';
(6) by amending paragraph (6) to read as follows:
``(6) A review of a strategy to deter, degrade, or defeat
malicious cyber activity targeting the United States (which
may include activities, capability development, and
operations other than cyber activities, cyber capability
development, and cyber operations), including--
``(A) a review and assessment of various approaches to
competition and deterrence in cyberspace, determined in
consultation with experts from Government, academia, and
industry;
``(B) a comparison of the strengths and weaknesses of the
approaches identified pursuant to subparagraph (A) relative
to the threat of each other; and
``(C) an assessment as to how the cyber strategy will
inform country-specific campaign plans focused on key
leadership of Russia, China, Iran, North Korea, and any other
country the Secretary considers appropriate.'';
(7) by striking paragraph (8) and inserting the following
new paragraph (8):
``(8) A comprehensive force structure assessment of the
Cyber Operations Forces of the Department for the posture
review period, including the following:
``(A) A determination of the appropriate size and
composition of the Cyber Mission
[[Page S6844]]
Forces to accomplish the mission requirements of the
Department.
``(B) An assessment of the Cyber Mission Forces' personnel,
capabilities, equipment, funding, operational concepts, and
ability to execute cyber operations in a timely fashion.
``(C) An assessment of the personnel, capabilities,
equipment, funding, and operational concepts of Cybersecurity
Service Providers and other elements of the Cyber Operations
Forces.'';
(8) by redesignating paragraphs (9) through (11) as
subsections (12) through (15), respectively; and
(9) by inserting after paragraph (8), the following new
paragraphs:
``(9) An assessment of whether the Cyber Mission Force has
the appropriate level of interoperability, integration, and
interdependence with special operations and conventional
forces.
``(10) An evaluation of the adequacy of mission authorities
for the Joint Force Provider and Joint Force Trainer
responsibilities of United States Cyber Command, including
the adequacy of the units designated as Cyber Operations
Forces to support such responsibilities.
``(11) An assessment of the missions and resourcing of the
combat support agencies in support of cyber missions of the
Department.''.
SEC. 1627. REPORT ON ENABLING UNITED STATES CYBER COMMAND
RESOURCE ALLOCATION.
(a) In General.--Not later than January 15, 2021, the
Secretary of Defense shall submit to the congressional
defense committees a report detailing the actions the
Secretary will undertake to implement clauses (ii) and (iii)
of section 167b(d)(2) of title 10, United States Code,
including actions to ensure that the Commander of United
States Cyber Command has enhanced authority, direction, and
control of the Cyber Operations Forces and the equipment
budget that enables Cyber Operations Forces' operations and
readiness, beginning with the budget to be submitted to
Congress by the President under section 1105(a) of title 31,
United States Code, for fiscal year 2024, and the budget
justification materials for the Department of Defense to be
submitted to Congress in support of such budget.
(b) Elements.--The report required by subsection (a) shall
address the following items:
(1) The procedures by which the Principal Cyber Advisor
(PCA) will exercise authority, direction, and oversight over
the Commander of United States Cyber Command, with respect to
Cyber Operations Forces-peculiar equipment and resources.
(2) The procedures by which the Commander of United States
Cyber Command will--
(A) prepare and submit to the Secretary program
recommendations and budget proposals for Cyber Operations
Forces and for other forces assigned to the Cyber Command;
and
(B) exercise authority, direction, and control over the
expenditure of funds for--
(i) forces assigned to United States Cyber Command; and
(ii) Cyber Operations Forces assigned to other unified
combatant commands.
(3) Recommendations for actions to enable the Commander of
United States Cyber Command to execute the budget and
acquisition responsibilities of the Commander in excess of
currently imposed limits on the Cyber Operations Procurement
Fund, including potential increases in personnel to support
the Commander.
(4) The procedures by which the Secretary will categorize
and track funding obligated or expended for Cyber Operations
Forces-peculiar equipment and capabilities.
(5) The methodology and criteria by which the Secretary
will characterize equipment as being Cyber Operations Forces-
peculiar.
SEC. 1628. EVALUATION OF OPTIONS FOR ESTABLISHING A CYBER
RESERVE FORCE.
(a) Evaluation Required.--Not later than December 31, 2021,
the Secretary of Defense shall conduct an evaluation of
options for establishing a cyber reserve force.
(b) Elements.--The evaluation conducted under subsection
(a) shall include assessment of the following:
(1) The capabilities and deficiencies in military and
civilian personnel with needed cybersecurity expertise, and
the quantity of personnel with such expertise, within the
Department.
(2) The potential for a uniformed, civilian, or mixed cyber
reserve force to remedy shortfalls in expertise and capacity.
(3) The ability of the Department to attract the personnel
with the desired expertise to either a uniformed or civilian
cyber reserve force.
(4) The number of personnel, the level of funding, and the
composition of a cyber reserve force that would be required
to meet the needs of the Department.
(5) Alternative models for establishing a cyber reserve
force, including the following:
(A) A traditional uniformed military reserve component.
(B) A nontraditional uniformed military reserve component,
with respect to drilling and other requirements such as
grooming and physical fitness.
(C) Nontraditional civilian cyber reserve options.
(6) The impact a uniformed military cyber reserve would
have on active duty and existing reserve forces, including
the following:
(A) Recruiting.
(B) Promotion.
(C) Retention.
(7) The effect a civilian cyber reserve would have on
active duty and existing reserve forces, and the private
sector.
(c) Report.--Not later than February 1, 2022, the Secretary
shall submit to the congressional defense committees a report
on the evaluation conducted under subsection (a).
SEC. 1629. ENSURING CYBER RESILIENCY OF NUCLEAR COMMAND AND
CONTROL SYSTEM.
(a) Plan for Implementation of Findings and Recommendations
From First Annual Assessment of Cyber Resiliency of Nuclear
Command and Control System.--Not later than October 1, 2021,
the Secretary of Defense shall submit to the congressional
defense committees a comprehensive plan, including a schedule
and resourcing plan, for the implementation of the findings
and recommendations included in the first report submitted
under section 499(c)(3) of title 10, United States Code.
(b) Concept of Operations and Oversight Mechanism for Cyber
Defense of Nuclear Command and Control System.--Not later
than October 1, 2021, the Secretary shall develop and
establish--
(1) a concept of operations for defending the nuclear
command and control system against cyber attacks, including
specification of the--
(A) roles and responsibilities of relevant entities within
the Office of the Secretary, the military services, combatant
commands, the Defense Agencies, and the Department of Defense
Field Activities; and
(B) cybersecurity capabilities to be acquired and employed
and operational tactics, techniques, and procedures,
including cyber protection team and sensor deployment
strategies, to be used to monitor, defend, and mitigate
vulnerabilities in nuclear command and control systems; and
(2) an oversight mechanism or governance model for
overseeing the implementation of the concept of operations
developed and established under paragraph (1), related
development, systems engineering, and acquisition activities
and programs, and the plan required by subsection (a),
including specification of the--
(A) roles and responsibilities of relevant entities within
the Office of the Secretary, the military services, combatant
commands, the Defense Agencies, and the Department of Defense
Field Activities in overseeing the defense of the nuclear
command and control system against cyber attacks;
(B) responsibilities and authorities of the Strategic
Cybersecurity Program in overseeing and, as appropriate,
executing--
(i) vulnerability assessments; and
(ii) development, systems engineering, and acquisition
activities; and
(C) processes for coordination of activities, policies, and
programs relating to the cybersecurity and defense of the
nuclear command and control system.
SEC. 1630. MODIFICATION OF REQUIREMENTS RELATING TO THE
STRATEGIC CYBERSECURITY PROGRAM AND THE
EVALUATION OF CYBER VULNERABILITIES OF MAJOR
WEAPON SYSTEMS OF THE DEPARTMENT OF DEFENSE.
(a) Evaluation of Cyber Vulnerabilities of Major Weapon
Systems of the Department of Defense.--
(1) In general.--Section 1647 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92),
as amended by section 1633 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
is further amended by adding at the end the following new
subsection:
``(i) Establishing Requirements for Periodicity of
Vulnerability Reviews.--The Secretary of Defense shall
establish policies and requirements for each major weapon
system, and the priority critical infrastructure essential to
the proper functioning of major weapon systems in broader
mission areas, to be re-assessed for cyber vulnerabilities,
taking into account upgrades or other modifications to
systems and changes in the threat.
``(j) Identification of Senior Official.--Each secretary of
a military department shall identify a senior official who
shall be responsible for ensuring that cyber vulnerability
assessments and mitigations for weapon systems and critical
infrastructure are planned, funded, and carried out.''.
(2) Technical correction.--Such section 1647 of the
National Defense Authorization Act for Fiscal Year 2016 is
further amended--
(A) by redesignating subsection (g) as subsection (h); and
(B) by redesignating the second subsection (f), as added by
section 1633 of the National Defense Authorization Act for
Fiscal Year 2020, as subsection (g).
(b) Strategic Cybersecurity Program.--Section 1640 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 10 U.S.C. 2224 note), is amended by
striking subsections (a) through (e) and inserting the
following new subsections:
``(a) In General.--Not later than August 1, 2021, the
Secretary of Defense shall, acting through the Director of
the National Security Agency and in coordination with the
Vice Chairman of the Joint Chiefs of Staff, establish a
program to be known as the `Strategic Cybersecurity Program'
(in this section referred to as the `Program').
``(b) Elements.--
``(1) In general.--The Program shall be comprised of
personnel assigned to the Program by the Secretary from among
personnel, including regular and reserve members of the Armed
Forces, civilian employees
[[Page S6845]]
of the Department of Defense (including the Defense
intelligence agencies), and personnel of the research
laboratories of the Department of Defense and the Department
of Energy, who have particular expertise in the areas of
responsibility described in subsection (c).
``(2) Department of energy personnel.--Any personnel
assigned to the Program from among personnel of the
Department of Energy shall be so assigned with the
concurrence of the Secretary of Energy.
``(3) Program manager.--The Secretary of Defense shall
designate a manager for the Program (in this section referred
to as the `Program manager').
``(c) Responsibilities.--
``(1) In general.--The Program manager and the personnel
assigned to the Program shall improve the end-to-end
cybersecurity of all of the systems, critical infrastructure,
kill chains, and processes that make up the following
military missions of the Department of Defense:
``(A) Nuclear deterrence and strike.
``(B) Select long-range conventional strike missions
germane to the warfighting plans of United States European
Command and United States Indo-Pacific Command.
``(C) Offensive cyber operations.
``(D) Homeland missile defense.
``(2) Assessing and remediating vulnerabilities in mission
execution.--In carrying out the activities described in
paragraph (1), the Program manager shall conduct end-to-end
vulnerability assessments and undertake or oversee
remediation of identified vulnerabilities in the systems and
processes on which the successful execution of the missions
delineated in paragraph (1) depend.
``(3) Acquisition and systems engineering review.--In
carrying out paragraph (1), the Program manager shall conduct
appropriate reviews of acquisition and systems engineering
plans for proposed systems and infrastructure. The review of
an acquisition plan for any proposed system or infrastructure
shall be carried out before Milestone B approval for such
system or infrastructure.
``(d) Integration With Other Efforts.--The Secretary shall
ensure that the Program builds upon, and does not duplicate,
other efforts of the Department of Defense relating to
cybersecurity, including the following:
``(1) The evaluation of cyber vulnerabilities of major
weapon systems of the Department of Defense required under
section 1647 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92).
``(2) The evaluation of cyber vulnerabilities of Department
of Defense critical infrastructure required under section
1650 of the National Defense Authorization Act for Fiscal
year 2017 (Public Law 114-328; 10 U.S.C. 2224 note).
``(3) The activities of the cyber protection teams of the
Department of Defense.
``(e) Mission Definition.--The Vice Chairman of the Joint
Chiefs of Staff shall coordinate with the Director of the
National Security Agency and the commanders of the unified
combatant commands to define the elements of the missions
that will be included in the Program, and shall be
responsible for updating those definitions as necessary.
``(f) Briefing.--Not later than December 1, 2021, the
Secretary of Defense shall provide a briefing to the
congressional defense committees on the establishment of the
Program, and the plans, funding, and staffing of the
Program.''.
SEC. 1631. DEFENSE INDUSTRIAL BASE PARTICIPATION IN A
CYBERSECURITY THREAT INTELLIGENCE SHARING
PROGRAM.
(a) Defense Industrial Base Threat Intelligence Program.--
(1) In general.--The Secretary of Defense shall establish a
threat intelligence sharing program to share threat
intelligence with, and obtain threat intelligence from, the
defense industrial base.
(2) Program requirements.--At a minimum, the Secretary
shall ensure that the program established pursuant to
paragraph (1) includes the following:
(A) Cybersecurity incident reporting requirements
applicable to the defense industrial base that--
(i) extend beyond mandatory incident reporting requirements
in effect on the day before the date of the enactment of this
Act;
(ii) set specific timeframes for all categories of incident
reporting;
(iii) establishes a single clearinghouse for all mandatory
incident reporting to the Department of Defense, including
incidents involving covered unclassified information, and
classified information; and
(iv) provide that, unless authorized or required by another
provision of law or the element of the defense industrial
base making the report consents, nonpublic information of
which the Department becomes aware only because of a report
provided pursuant to the program shall be disseminated and
used only for a cybersecurity purpose, as defined in section
102 of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501).
(B) A mechanism for developing a shared and real-time
picture of the threat environment.
(C) Joint, collaborative, and co-located analytics.
(D) Investments in technology and capabilities to support
automated detection and analysis across the defense
industrial base.
(E) Coordinated intelligence tipping, sharing, and
deconfliction, as necessary, with relevant government
agencies with similar intelligence sharing programs.
(b) Threat Intelligence Program Participation.--
(1) Procurement.--The Secretary either may require or shall
encourage and provide incentive for companies to participate
in the threat intelligence sharing program required by
subsection (a).
(2) Implementation.--In implementing paragraph (1), the
Secretary shall--
(A) create tiers of requirements for participation within
the program based on--
(i) the role of and relative threats related to entities
within the defense industrial base; and
(ii) Cybersecurity Maturity Model Certification level; and
(B) prioritize available funding and technical support to
assist affected businesses, institutions, and organizations
as is reasonably necessary for those affected entities to
commence participation in the threat intelligence sharing
program and to meet any applicable program requirements.
(c) Existing Information Sharing Programs.--The Secretary
may utilize an existing Department information sharing
program to satisfy the requirement in subsection (a) if--
(1) the existing program includes, or is modified to
include, two-way sharing of threat information that is
specifically relevant to the defense industrial base; and
(2) such a program is coordinated with other government
agencies with existing intelligence sharing programs where
overlap occurs.
(d) Regulations.--
(1) Rulemaking authority.--Not later than December 15,
2021, the Secretary shall promulgate such rules and
regulations as are necessary to carry out this section.
(2) Cybersecurity maturity model certification program
harmonization.--The Secretary shall ensure that any
intelligence sharing requirements set forth in the rules and
regulations promulgated pursuant to paragraph (1) consider an
entity's maturity and role within the defense industrial
base, consistent with the maturity certification levels
established in the Cybersecurity Maturity Model Certification
program of the Department.
(e) Community Consent.--
(1) In general.--As part of the program established
pursuant to subsection (a), the Secretary either may require
through contractual mechanisms or shall encourage entities in
the defense industrial base to consent to queries of foreign
intelligence collection databases related to the entities,
provided that intelligence information provided to companies
is handled in a manner that protects sources and methods.
(2) Rule of construction.--Nothing in this subsection shall
be construed to require that the elements of the intelligence
community conduct queries on defense industrial base
companies to detect cybersecurity threats to such companies
or to require that information resulting from such queries be
provided to such companies.
(f) Report Required.--Not later than March 1, 2022, the
Secretary shall submit to the congressional defense
committees a report that includes a description of--
(1) mandatory requirements levied on defense industrial
base entities regarding cyber incidents;
(2) Department procedures for ensuring the confidentiality
and security of data provided by such entities to the
Department on either a voluntary or mandatory basis; and
(3) any other matters regarding the program established
under subsection (a) the Secretary considers significant.
(g) Definitions.--In this section:
(1) The term ``defense industrial base'' means the
Department of Defense, Federal Government, and private sector
worldwide industrial complex with capabilities to perform
research and development, design, produce, and maintain
military weapon systems, subsystems, components, or parts to
satisfy military requirements.
(2) The term ``intelligence community'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(3) The term ``threat intelligence'' means cybersecurity
information collected and shared amongst the defense
industrial base.
SEC. 1632. ASSESSMENT ON DEFENSE INDUSTRIAL BASE
CYBERSECURITY THREAT HUNTING.
(a) Assessment Required.--Not later than December 1, 2021,
the Secretary of Defense shall complete an assessment of--
(1) the adequacy of the threat hunting elements of the
compliance-based Cybersecurity Maturity Model Certification
program of the Department of Defense; and
(2) the need for continuous threat hunting operations on
defense industrial base networks conducted by the Department
of Defense, prime contractors, or third-party cybersecurity
vendors.
(b) Elements.--The assessment completed under section (a)
shall include evaluation of the following:
(1) The adequacy of the requirements at each level of the
Cybersecurity Maturity Model Certification, including
requirements germane to continuous monitoring, discovery, and
investigation of anomalous activity indicative of a
cybersecurity incident.
(2) The need for the establishment of a continuous threat-
hunting operational model, as a supplement to the cyber
hygiene requirements of the Cybersecurity Maturity Model
Certification, in which network activity is comprehensively
and continuously monitored for signs of compromise.
[[Page S6846]]
(3) Whether the continuous threat-hunting operations
described in paragraph (2) should be conducted by--
(A) United States Cyber Command;
(B) a component of the Department of Defense other than
United States Cyber Command;
(C) qualified prime contractors or subcontractors;
(D) accredited third-party cybersecurity vendors; or
(E) a combination of the entities specified in
subparagraphs (A) through (D).
(4) Criteria for the prime contractors and subcontractors
that should be subject to continuous threat-hunting
operations as described in paragraph (2).
(c) Briefing.--Not later than February 1, 2022, the
Secretary of Defense shall provide a briefing to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives on--
(1) the findings of the Secretary with respect to the
assessment completed under subsection (a); and
(2) such implementation plans as the Secretary may have
arising out of the findings described in paragraph (1).
SEC. 1633. ASSESSING RISK TO NATIONAL SECURITY OF QUANTUM
COMPUTING.
(a) Comprehensive Assessment and Recommendations
Required.--Not later than December 31, 2022, the Secretary of
Defense shall--
(1) complete a comprehensive assessment of the current and
potential threats and risks posed by quantum computing
technologies to critical national security systems,
including--
(A) identification and prioritization of critical national
security systems at risk;
(B) assessment of the standards of the National Institute
of Standards and Technology for quantum resistant
cryptography and their applicability to cryptographic
requirements of the Department of Defense;
(C) feasibility of alternative quantum resistant algorithms
and features; and
(D) funding shortfalls in public and private developmental
efforts relating to quantum resistant cryptography; and
(2) develop recommendations for research, development, and
acquisition activities, including resourcing schedules, for
securing the national security systems identified in
paragraph (1)(A) against quantum computing code-breaking
capabilities.
(b) Briefing.--Not later than February 1, 2023, the
Secretary shall brief the congressional defense committees on
the assessment completed under paragraph (1) of subsection
(a) and the recommendations developed under paragraph (2) of
such subsection.
SEC. 1634. APPLICABILITY OF REORIENTATION OF BIG DATA
PLATFORM PROGRAM TO DEPARTMENT OF NAVY.
(a) In General.--Section 1651 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is
amended by adding at the end the following new subsection:
``(e) Applicability.--The requirements of this section
shall apply in full to the Department of the Navy, including
the Sharkcage and associated programs.''.
(b) Briefing.--Not later than January 1, 2021, the
Secretary of the Navy, the program manager of the Unified
Platform program, the Chief Information Officer, and the
Principal Cyber Advisor shall jointly brief the congressional
defense committees on the compliance of the Department of the
Navy with the requirements of such section, as amended by
paragraph (1).
SEC. 1635. EXPANSION OF AUTHORITY FOR ACCESS AND INFORMATION
RELATING TO CYBER ATTACKS ON OPERATIONALLY
CRITICAL CONTRACTORS OF THE ARMED FORCES.
Section 391(c) of title 10, United States Code, is
amended--
(1) by amending paragraph (3) to read as follows:
``(3) Armed forces assistance and access to equipment and
information by members of the armed forces.--The procedures
established pursuant to subsection (a) shall--
``(A) include mechanisms for a member of the armed forces--
``(i) if requested by an operationally critical contractor,
to assist the contractor in detecting and mitigating
penetrations; or
``(ii) at the request of the Secretary of Defense or the
Commandant of the Coast Guard, to obtain access to equipment
or information of an operationally critical contractor
necessary to conduct a forensic analysis, in addition to any
analysis conducted by the contractor; and
``(B) provide that an operationally critical contractor is
only required to provide access to equipment or information
as described in subparagraph (A) to determine whether--
``(i) information created by or for the armed forces in
connection with any program of the armed forces was
successfully exfiltrated from or compromised on a network or
information system of such contractor and, if so, what
information was exfiltrated or compromised; or
``(ii) the ability of the contractor to provide
operationally critical support has been affected and, if so,
how and to what extent it has been affected.'';
(2) in paragraph (4), by inserting ``, so as to minimize
delays in or any curtailing of the cyber response or
defensive actions of the Department or the Coast Guard''
after ``specific person''; and
(3) in paragraph (5)(C), by inserting ``or
counterintelligence activities'' after ``investigations''.
SEC. 1636. REQUIREMENTS FOR REVIEW OF AND LIMITATIONS ON THE
JOINT REGIONAL SECURITY STACKS ACTIVITY.
(a) Baseline Review.--Not later than October 1, 2021, the
Secretary of Defense shall undertake a baseline review of the
Joint Regional Security Stacks (JRSS) to determine whether
the activity--
(1) should proceed as a program of record, with
modifications as specified in section (b), for exclusively
the Non-Classified Internet Protocol Network (NIPRNET) or for
such network and the Secret Internet Protocol Network
(SIPRNET); or
(2) should be phased out across the Department of Defense
with each of the Joint Regional Security Stacks replaced
through the institution of cost-effective and capable
networking and cybersecurity technologies, architectures, and
operational concepts within five years of the date of the
enactment of this Act.
(b) Plan to Transition to Program of Record.--If the
Secretary determines under subsection (a) that the Joint
Regional Security Stacks activity should proceed, not later
than October 1, 2021, the Secretary shall develop a plan to
transition such activity to a program of record, governed by
standard Department of Defense acquisition program
requirements and practices, including the following:
(1) Baseline operational requirements documentation.
(2) An acquisition strategy and baseline.
(3) A program office and responsible program manager, under
the oversight of the Under Secretary of Defense for
Acquisition and Sustainment and the Chief Information Officer
of the Department of Defense, responsible for pertinent
doctrine, organization, training, materiel, leadership and
education, personnel, facilities and policy matters, and the
development of effective tactics, techniques, and procedures;
(4) manning and training requirements documentation; and
(5) operational test planning.
(c) Limitations.--
(1) Limitation on use of funds.--None of the funds
authorized to be appropriated by this Act may be used to
field Joint Regional Security Stacks on the Secret Internet
Protocol Network in fiscal year 2021.
(2) Limitation on operational deployment.--The Secretary
may not conduct an operational deployment of Joint Regional
Security Stacks to the Secret Internet Protocol Network in
fiscal year 2021.
(d) Submittal to Congress.--Not later than December 1,
2021, the Secretary shall submit to the congressional defense
committees--
(1) the findings of the Secretary with respect to the
baseline review conducted under subsection (a);
(2) the plan developed under subsection (b), if any; and
(3) a proposal for the replacement of Joint Regional
Security Stacks, if the Secretary determines under subsection
(a) that it should be replaced.
SEC. 1637. INDEPENDENT ASSESSMENT OF ESTABLISHMENT OF A
NATIONAL CYBER DIRECTOR.
(a) Assessment.--Not later than December 1, 2020, the
Secretary of Defense, in coordination with the Secretary of
Homeland Security, shall seek to enter into an agreement with
an independent organization with relevant expertise in cyber
policy and governmental organization to conduct and complete
an assessment of the feasibility and advisability of
establishing a National Cyber Director.
(b) Elements.--The assessment required under subsection (a)
shall include a review of and development of recommendations
germane to the following, including the development of
proposed legislative text for the establishment of a National
Cyber Director:
(1) The authorities necessary to bring capabilities and
capacities together across the interagency, all levels of
government, and the private sector.
(2) A definition of the roles of the National Cyber
Director in planning, preparing, and directing integrated
cyber operations in response to a major cyber attack on the
United States, including intelligence operations, law
enforcement actions, cyber effects operations, defensive
operations, and incident response operations.
(3) The authorities necessary to align resources to cyber
priorities.
(4) The structure of the office of the National Cyber
Director and position within government.
(c) Report.--
(1) In general.--Not later than March 1, 2021, the
Secretary of Defense shall submit to the appropriate
committees of Congress a report on--
(A) the findings of the independent organization with
respect to the assessment carried out under subsection (a);
and
(B) the recommendations developed as part of such
assessment under subsection (b).
(2) Form.--The report submitted under paragraph (1) shall
be submitted in a publicly releasable and unclassified
format, but may include a classified annex.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
[[Page S6847]]
(2) the Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
SEC. 1638. MODIFICATION OF AUTHORITY TO USE OPERATION AND
MAINTENANCE FUNDS FOR CYBER OPERATIONS-PECULIAR
CAPABILITY DEVELOPMENT PROJECTS.
(a) In General.--Section 1640 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is
amended--
(1) by redsignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) in subsection (a)--
(A) by striking ``The Secretary of Defense'' and inserting
``Subject to subsection (b), the Commander of the United
States Cyber Command'';
(B) by striking ``per service'' and inserting ``per use'';
and
(C) by striking ``through 2022'' and inserting ``through
2025''; and
(3) by inserting after subsection (a) the following:
``(b) Limitation.--(1) Each fiscal year, the Secretaries of
the military departments concerned may each obligate and
expend under subsection (a) not more than $20,000,000.
``(2) Each fiscal year, the Commander of the United States
Cyber Command may obligate and expend under subsection (a)
not more than $6,000,000.''.
(b) Conforming Amendment.--Subsection (c) of such section
is amended by striking ``through 2022'' and inserting
``through 2025''.
SEC. 1639. PERSONNEL MANAGEMENT AUTHORITY FOR COMMANDER OF
UNITED STATES CYBER COMMAND AND DEVELOPMENT
PROGRAM FOR OFFENSIVE CYBER OPERATIONS.
(a) Personnel Management Authority for Commander of United
States Cyber Command to Attract Experts in Science and
Engineering.--Section 1599h of title 10, United States Code,
as amended by section 212 of National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92)), is further
amended--
(1) in subsection (a), by adding at the end the following:
``(7) United states cyber command.--The Commander of United
States Cyber Command may carry out a program of personnel
management authority provided in subsection (b) in order to
facilitate the recruitment of eminent experts in computer
science, data science, engineering, mathematics, and computer
network exploitation within the headquarters of United States
Cyber Command and the Cyber National Mission Force.''; and
(2) in subsection (b)(1)--
(A) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (F), by striking the semicolon and
inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(G) in the case of United States Cyber Command, appoint
computer scientists, data scientists, engineers,
mathematicians, and computer network exploitation specialists
to a total of not more than 10 scientific and engineering
positions in the Command;''.
(b) Program to Develop Accesses, Discover Vulnerabilities,
and Engineer Cyber Tools and Develop Tactics, Techniques, and
Procedures for Offensive Cyber Operations.--
(1) In general.--Pursuant to the authority provided under
section 1599h(a)(7) of such title, as added by subsection
(a), the Commander of United States Cyber Command shall
establish a program or augment an existing program within the
Command to develop accesses, discover vulnerabilities, and
engineer cyber tools and develop tactics, techniques, and
procedures for the use of these assets and capabilities in
offensive cyber operations.
(2) Elements.--The program or augmented program required by
paragraph (1) shall--
(A) develop accesses, tools, vulnerabilities, and tactics,
techniques, and procedures fit for Department of Defense
military operations in cyberspace, such as reliability,
meeting short development and operational timelines, low
cost, and expendability;
(B) aim to decrease the reliance of Cyber Command on
accesses, tools, and expertise provided by the intelligence
community;
(C) be designed to provide technical and operational
expertise on par with that of programs of the intelligence
community;
(D) enable the Commander to attract and retain expertise
resident in the private sector and other technologically
elite government organizations; and
(E) coordinate development activities with, and, as
appropriate, facilitate transition of capabilities from, the
Defense Advanced Research Projects Agency, the Strategic
Capabilities Office, and components within the intelligence
community.
(3) Intelligence community defined.--In this subsection,
the term ``intelligence community'' has the meaning given
such term in section 3 of the National Security Act of 1947
(50 U.S.C. 3003).
SEC. 1640. IMPLEMENTATION OF INFORMATION OPERATIONS MATTERS.
Of the amounts authorized to be appropriated for fiscal
year 2021 by section 301 for operation and maintenance and
available for the Office of the Secretary of Defense for the
travel of persons as specified in the table in section 4301--
(1) not more than 25 percent shall be available until the
date on which the report required by subsection (h)(1) of
section 1631 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is submitted to the
Committee on Armed Services of the Senate and the Committee
on Armed Services House of Representatives; and
(2) not more than 75 percent shall be available until the
date on which the strategy and posture review required by
subsection (g) of such section is submitted to such
committees.
SEC. 1641. REPORT ON CYBER INSTITUTES PROGRAM.
Section 1640 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 2310; 10 U.S.C. 2200 note) is amended by adding at
the end the following:
``(g) Report to Congress.--Not later than September 30,
2021, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the effectiveness of the Cyber
Institutes and on opportunities to expand the Cyber
Institutes to additional select institutions of higher
learning that have a Reserve Officers' Training Corps
program.''.
SEC. 1642. ASSISTANCE FOR SMALL MANUFACTURERS IN THE DEFENSE
INDUSTRIAL SUPPLY CHAIN ON MATTERS RELATING TO
CYBERSECURITY.
(a) In General.--Subject to the availability of
appropriations, the Secretary of Defense, in consultation
with the Director of the National Institute of Standards and
Technology, may award financial assistance to a Center for
the purpose of providing cybersecurity services to small
manufacturers.
(b) Criteria.--The Secretary, in consultation with the
Director, shall establish and publish on the grants.gov
website, or successor website, criteria for selecting
recipients for financial assistance under this section.
(c) Use of Financial Assistance.--Financial assistance
under this section--
(1) shall be used by a Center to provide small
manufacturers with cybersecurity services relating to--
(A) compliance with the cybersecurity requirements of the
Department of Defense Supplement to the Federal Acquisition
Regulation, including awareness, assessment, evaluation,
preparation, and implementation of cybersecurity services;
and
(B) achieving compliance with the Cybersecurity Maturity
Model Certification framework of the Department of Defense;
and
(2) may be used by a Center to employ trained personnel to
deliver cybersecurity services to small manufacturers.
(d) Biennial Reports.--
(1) In general.--Not less frequently than once every two
years, the Secretary shall submit to the congressional
defense committees, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Science,
Space, and Technology of the House of Representatives a
biennial report on financial assistance awarded under this
section.
(2) Contents.--To the extent practicable, each report
submitted under paragraph (1) shall include the following
with respect to the years covered by the report:
(A) The number of small manufacturing companies assisted.
(B) A description of the cybersecurity services provided.
(C) A description of the cybersecurity matters addressed.
(D) An analysis of the operational effectiveness and cost-
effectiveness of the cybersecurity services provided.
(e) Termination.--The authority of the Secretary to award
of financial assistance under this section shall terminate on
the date that is five years after the date of the enactment
of this Act.
(f) Definitions.--In this section:
(1) The term ``Center'' has the meaning given such term in
section 25(a) of the National Institute of Standards and
Technology Act (15 U.S.C. 278k(a)).
(2) The term ``small manufacturer'' has the meaning given
that term in section 1644(g) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 10 U.S.C. 2224 note).
SEC. 1643. STUDY ON CYBEREXPLOITATION OF MEMBERS OF THE ARMED
FORCES AND THEIR FAMILIES.
(a) Study Required.--Not later than 150 days after the date
of the enactment of this Act, the Secretary of Defense shall
complete a study on the cyberexploitation of the personal
information and accounts of members of the Armed Forces and
their families.
(b) Elements.--The study required by subsection (a) shall
include the following:
(1) An intelligence assessment of the threat currently
posed by foreign government and non-state actor
cyberexploitation of members of the Armed Forces and their
families, including generalized assessments as to whether
cyberexploitation of members of the Armed Forces and their
families is a substantial threat as compared to other means
of information warfare and as to whether cyberexploitation of
members of the Armed Forces and their families is an
increasing threat.
(2) Case-study analysis of three known occurrences of
attempted cyberexploitation against members of the Armed
Forces and their families, including assessments of the
vulnerability and the ultimate consequences of the attempted
cyberexploitation.
(3) A description of the actions taken by the Department of
Defense to educate members of the Armed Forces and their
families, including particularly vulnerable subpopulations,
about any actions that can be taken to reduce these threats.
[[Page S6848]]
(4) An intelligence assessment of the threat posed by
foreign government and non-state actor creation and use of
deep fakes featuring members of the Armed Forces or their
families, including generalized assessments of the maturity
of the technology used in the creation of deep fakes and as
to how deep fakes have been used or might be used to conduct
information warfare.
(5) Development of recommendations for policy changes to
reduce the vulnerability of members of the Armed Forces and
their families to cyberexploitation, including
recommendations for legislative or administrative action.
(c) Report.--
(1) In general.--The Secretary shall submit to the
congressional defense committees a report on the findings of
the Secretary with respect to the study required by
subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) The term ``cyberexploitation'' means the use of digital
means to knowingly access, or conspire to access, without
authorization, an individual's personal information to be
employed (or to be used) with malicious intent.
(2) The term ``deep fake'' means the digital insertion of a
person's likeness into or digital alteration of a person's
likeness in visual media, such as photographs and videos,
without the person's permission and with malicious intent.
Subtitle C--Nuclear Forces
SEC. 1651. MODIFICATION TO RESPONSIBILITIES OF NUCLEAR
WEAPONS COUNCIL.
Section 179(d) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (9) through (12) as
paragraphs (10) through (13), respectively; and
(2) by inserting after paragraph (8) the following new
paragraph (9):
``(9) Reviewing proposed capabilities, and establishing and
validating performance requirements (as defined in section
181(h) of this title), for nuclear warhead programs.''.
SEC. 1652. RESPONSIBILITY OF NUCLEAR WEAPONS COUNCIL IN
PREPARATION OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION BUDGET.
Paragraph (11) of section 179(d) of title 10, United States
Code, as redesignated by section 1651, is further amended to
read as follows:
``(11) As part of the planning, programming, budgeting, and
execution process of the National Nuclear Security
Administration--
``(A) providing guidance with respect to the development of
the annual budget proposals of the Administration under
section 3255 of the National Nuclear Security Administration
Act;
``(B) reviewing the adequacy of such proposals under
section 4717 of the Atomic Energy Defense Act; and
``(C) preparing, coordinating, and approving such
proposals, including before such proposals are submitted to--
``(i) the Secretary of Energy;
``(ii) the Director of the Office of Management and Budget;
``(iii) the President; or
``(iv) Congress (as submitted with the budget of the
President under section 1105(a) of title 31).''.
SEC. 1653. MODIFICATION OF GOVERNMENT ACCOUNTABILITY OFFICE
REVIEW OF ANNUAL REPORTS ON NUCLEAR WEAPONS
ENTERPRISE.
Section 492a(c) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``review each report''
and inserting ``periodically review reports submitted''; and
(2) in paragraph (2), by striking ``not later'' and all
that follows through ``submitted,''.
SEC. 1654. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL
BALLISTIC MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b),
none of the funds authorized to be appropriated by this Act
for fiscal year 2021 for the Department of Defense may be
obligated or expended for the following, and the Department
may not otherwise take any action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the
United States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
SEC. 1655. SENSE OF THE SENATE ON NUCLEAR COOPERATION BETWEEN
THE UNITED STATES AND THE UNITED KINGDOM.
It is the sense of the Senate that--
(1) the North Atlantic Treaty Organization (NATO) continues
to play an essential role in the national security of the
United States and the independent nuclear deterrents of other
NATO members, such as the United Kingdom, have helped
underwrite peace and security;
(2) the nuclear programs of the United States and the
United Kingdom have enjoyed significant collaborative
benefits as a result of the cooperative relationship
formalized in the Agreement for Cooperation on the Uses of
Atomic Energy for Mutual Defense Purposes, signed at
Washington July 3, 1958, and entered into force August 4,
1958 (9 UST 1028), between the United States and the United
Kingdom (commonly referred to as the ``Mutual Defense
Agreement'');
(3) the unique partnership between the United States and
the United Kingdom has enhanced sovereign military and
scientific capabilities, strengthened bilateral ties, and
shared costs, particularly on such programs as the Trident II
D-5 weapons system and the common missile compartment for the
future Dreadnought and Columbia classes of submarines;
(4) additionally, the extension of the nuclear deterrence
commitments of the United Kingdom to members of the NATO
alliance strengthens collective security while reducing the
burden placed on United States nuclear forces to deter
potential adversaries and assure allies of the United States
and the United Kingdom;
(5) as the international security environment deteriorates
and potential adversaries expand and enhance their nuclear
forces, the extended deterrence commitments of the United
Kingdom play an increasingly important role in supporting the
security interests of the United States and allies of the
United States and the United Kingdom;
(6) it is in the national security interest of the United
States to support the United Kingdom with respect to the
decision of the Government of the United Kingdom to maintain
its nuclear deterrent until global security conditions
warrant its elimination;
(7) as the United States must modernize its aging nuclear
forces to ensure its ability to continue to field a nuclear
deterrent that is safe, secure, and effective, the United
Kingdom faces a similar challenge;
(8) bilateral cooperation on the parallel development of
the W93/Mk7 warhead of the United States and the replacement
warhead of the United Kingdom, as well as associated
components, will allow the United States and the United
Kingdom to responsibly address challenges within their legacy
nuclear forces in a cost-effective manner that--
(A) preserves independent, sovereign control;
(B) is consistent with each country's obligations under the
Treaty on the Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968 (21 UST 483)
(commonly referred to as the ``Nuclear Non-Proliferation
Treaty''); and
(C) supports nonproliferation objectives; and
(9) continued cooperation between the nuclear programs of
United States and the United Kingdom, including through the
W93/Mk7 program, is essential to ensuring that the NATO
alliance continues to be supported by credible nuclear forces
capable of preserving peace, preventing coercion, and
deterring aggression.
Subtitle D--Missile Defense Programs
SEC. 1661. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND
ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CO-
DEVELOPMENT AND CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2021 for
procurement, Defense-wide, and available for the Missile
Defense Agency, not more than $73,000,000 may be provided to
the Government of Israel to procure components for the Iron
Dome short-range rocket defense system through co-production
of such components in the United States by industry of the
United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for the
Iron Dome short-range rocket defense program shall be
available subject to the terms and conditions in the
Agreement Between the Department of Defense of the United
States of America and the Ministry of Defense of the State of
Israel Concerning Iron Dome Defense System Procurement,
signed on March 5, 2014, as amended to include co-production
for Tamir interceptors.
(B) Certification.--Not later than 30 days prior to the
initial obligation of funds described in paragraph (1), the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the appropriate congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph (A) is
being implemented as provided in such agreement;
(ii) an assessment detailing any risks relating to the
implementation of such agreement; and
(iii) for system improvements resulting in modified Iron
Dome components and Tamir interceptor sub-components, a
certification that the Government of Israel has demonstrated
successful completion of Production Readiness Reviews,
including the validation of production lines, the
verification of component conformance, and the verification
of performance to specification as defined in the Iron Dome
Defense System Procurement Agreement, as further amended.
(b) Israeli Cooperative Missile Defense Program, David's
Sling Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2021 for
procurement, Defense-wide, and available for the Missile
Defense
[[Page S6849]]
Agency not more than $50,000,000 may be provided to the
Government of Israel to procure the David's Sling Weapon
System, including for co-production of parts and components
in the United States by United States industry.
(2) Agreement.--Provision of funds specified in paragraph
(1) shall be subject to the terms and conditions in the
bilateral co-production agreement, including--
(A) a one-for-one cash match is made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel); and
(B) co-production of parts, components, and all-up rounds
(if appropriate) in the United States by United States
industry for the David's Sling Weapon System is not less than
50 percent.
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge
points, technical milestones, and production readiness
reviews required by the research, development, and technology
agreement and the bilateral co-production agreement for the
David's Sling Weapon System; and
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3
Upper Tier Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2021 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $77,000,000 may be provided to
the Government of Israel for the Arrow 3 Upper Tier
Interceptor Program, including for co-production of parts and
components in the United States by United States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and production readiness reviews required by the
research, development, and technology agreement for the Arrow
3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided on
the basis of a one-for-one cash match made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes, with
respect to the use of such funds--
(i) in accordance with subparagraph (D), the terms of co-
production of parts and components on the basis of the
greatest practicable co-production of parts, components, and
all-up rounds (if appropriate) by United States industry and
minimizes nonrecurring engineering and facilitization
expenses to the costs needed for co-production;
(ii) complete transparency on the requirement of Israel for
the number of interceptors and batteries that will be
procured, including with respect to the procurement plans,
acquisition strategy, and funding profiles of Israel;
(iii) technical milestones for co-production of parts and
components and procurement;
(iv) a joint affordability working group to consider cost
reduction initiatives; and
(v) joint approval processes for third-party sales; and
(D) the level of co-production described in subparagraph
(C)(i) for the Arrow 3 Upper Tier Interceptor Program is not
less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection
(b) and paragraph (2) of subsection (c), the Under Secretary
may submit--
(1) one certification covering both the David's Sling
Weapon System and the Arrow 3 Upper Tier Interceptor Program;
or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the
congressional defense committees the certification and
assessment under subsection (b)(3) and the certification
under subsection (c)(2) no later than 30 days before the
funds specified in paragraph (1) of subsections (b) and (c)
for the respective system covered by the certification are
provided to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1662. ACCELERATION OF THE DEPLOYMENT OF HYPERSONIC AND
BALLISTIC TRACKING SPACE SENSOR PAYLOAD.
(a) Primary Responsibility for Development and Deployment
of Hypersonic and Ballistic Tracking Space Sensor Payload.--
(1) In general.--Not later than 15 days after the date of
the enactment of this Act, the Secretary shall--
(A) assign the Director of the Missile Defense Agency with
the principal responsibility for the development and
deployment of a hypersonic and ballistic tracking space
sensor payload through the end of fiscal year 2022; and
(B) submit to the congressional defense committees
certification of such assignment.
(2) Transition.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees--
(A) a determination regarding whether responsibility for a
hypersonic and ballistic tracking space sensor payload should
be transitioned to the United States Space Force at the end
of fiscal year 2022 or later; and
(B) if the Secretary so determines, a plan for transition
of primary responsibility that minimizes disruption to the
program and provides for sufficient funding as described in
subsection (b)(1).
(b) Certification Regarding Funding of Hypersonic and
Ballistic Tracking Space Sensor Program.--
(1) In general.--At the same time that the President
submits to Congress pursuant to section 1105 of title 31,
United States Code, the annual budget request of the
President for fiscal year 2022, the Under Secretary of
Defense Comptroller and the Director for Cost Assessment and
Program Evaluation shall jointly submit to the congressional
defense committees a certification as to whether the
hypersonic and ballistic tracking space sensor program is
sufficiently funded in the future-years defense program.
(2) Funding limitation.--Of the funds authorized to be
appropriated by this Act for fiscal year 2021 under the
Operations and Maintenance, Defense-Wide, account for the
Office of Secretary of Defense travel of persons assigned to
the Office of the Under Secretary of Defense for Research and
Engineering, not more than 50 percent of such funds may be
obligated or expended until the certification required by
paragraph (1) is submitted under such paragraph.
(c) Deployment Deadline.--Section 1683(a) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 10 U.S.C. 2431 note) is amended--
(1) by striking ``(a) In General.--'' and inserting the
following:
``(a) Development, Testing, and Deployment.--
``(1) Development.--''; and
(2) by adding at the end the following new paragraphs:
``(2) Testing and deployment.--The Director shall begin on-
orbit testing of a hypersonic and ballistic tracking space
sensor no later than December 31, 2022, with full operational
deployment as soon as technically feasible thereafter.
``(3) Waiver.--The Secretary of Defense may waive the
deadline for testing specified in paragraph (2) if the
Secretary submits to the congressional defense committees a
report containing--
``(A) the explanation why the Secretary cannot meet such
deadline;
``(B) the technical risks and estimated cost of
accelerating the program to attempt to meet such deadline;
``(C) an assessment of threat systems that could not be
detected or tracked persistently due to waiving such
deadline; and
``(D) a plan, including a timeline, for beginning the
required testing.''.
(d) Assessment and Report.--Not later than 120 days after
the date of the enactment of this Act, the Chair of the Joint
Requirements Oversight Council established under section 181
of title 10, United States Code, shall--
(1) complete an assessment on whether all efforts being
made by the Missile Defense Agency, the Defense Advanced
Research Projects Agency, the Air Force, and the Space
Development Agency relating to space-based sensing and
tracking capabilities for missile defense are aligned with
the requirements of United States Strategic Command, United
States Northern Command, United States European Command, and
United States Indo-Pacific Command for missile tracking and
missile warning that have been validated by the Joint
Requirements Oversight Council; and
(2) submit to the congressional defense committees a report
on the findings of the Chair with respect to the assessment
conducted under paragraph (1).
SEC. 1663. EXTENSION OF PROHIBITION RELATING TO MISSILE
DEFENSE INFORMATION AND SYSTEMS.
Section 130h(e) of title 10, United States Code, is amended
by striking ``January 1, 2021'' and inserting ``January 1,
2026''.
SEC. 1664. REPORT ON AND LIMITATION ON EXPENDITURE OF FUNDS
FOR LAYERED HOMELAND MISSILE DEFENSE SYSTEM.
(a) Report Required.--
(1) In general.--Not later than March 1, 2021, the Director
of the Missile Defense Agency shall submit to the
congressional defense committees a report on the proposal for
a layered homeland missile defense system included in the
budget justification materials submitted to Congress in
support of the budget for the Department of Defense for
fiscal year 2021 (as submitted with the budget of the
President for such year under section 1105(a) of title 31,
United States Code).
(2) Elements required.--The report required by paragraph
(1) shall include the following:
(A) A description of the approved requirements for a
layered homeland missile defense system, based on an
assessment by the intelligence community of threats to be
addressed at the time of deployment of such a system.
[[Page S6850]]
(B) An assessment of how such requirements addressed by a
layered homeland missile defense system relate to those
addressed by the existing ground-based midcourse defense
system, including deployed ground-based interceptors and
planned upgrades to such ground-based interceptors.
(C) An analysis of interceptor solutions to meet such
requirements, to include land-based Standard Missile 3 (SM-3)
Block IIA interceptor systems and the Terminal High Altitude
Area Defense (THAAD) system, with the number of locations
required for deployment and the production numbers of
interceptors and related sensors.
(D) A site-specific fielding plan that includes possible
locations, the number and type of interceptors and radars in
each location, and any associated environmental or permitting
considerations, including an assessment of the locations
evaluated pursuant to section 227(b) of the National Defense
Authorization Act for Fiscal Year 2013 (126 Stat. 1679;
Public Law 112-239) for inclusion in the layered homeland
missile defense system.
(E) Relevant policy considerations for deployment of such
systems for defense against intercontinental ballistic
missiles in the continental United States.
(F) A cost estimate and schedule for options involving a
land-based Standard Missile 3 Block IIA interceptor system
and the Terminal High Altitude Area Defense system, including
required environmental assessments.
(G) A feasibility assessment of the necessary modifications
to the Terminal High Altitude Area Defense system to address
such requirements.
(H) An assessment of the industrial base capacity to
support additional production of either a land-based Standard
Missile 3 Block IIA interceptor system or the Terminal High
Altitude Area Defense system.
(3) Consultation.--In preparing the report required by
paragraph (1), the Director shall consult with the following:
(A) The Under Secretary of Defense for Policy.
(B) The Under Secretary of Defense for Acquisition and
Sustainment.
(C) The Vice Chairman of the Joint Chiefs of Staff, in Vice
Chairman's capacity as the Chair of the Joint Requirements
Oversight Council.
(D) The Commander, United States Strategic Command.
(E) The Commander, United States Northern Command.
(b) Limitation on Use of Funds.--Not more than 50 percent
of the amounts authorized to be appropriated by this Act for
fiscal year 2021 for the Missile Defense Agency for the
purposes of a layered homeland missile defense system may be
obligated or expended until the Director submits to the
congressional defense committees the report required by
subsection (a).
(c) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given such
term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
SEC. 1665. EXTENSION OF REQUIREMENT FOR COMPTROLLER GENERAL
REVIEW AND ASSESSMENT OF MISSILE DEFENSE
ACQUISITION PROGRAMS.
Section 232(a) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81) is amended--
(1) in paragraph (1), by striking ``through 2020'' and
inserting ``through 2025'';
(2) in paragraph (2)--
(A) by striking ``through 2021'' and inserting ``through
2026''; and
(B) by striking ``year. Each'' and all that follows through
``appropriate.'' and insert the following: ``, which shall
include such findings and recommendations as the Comptroller
General considers appropriate.''; and
(3) by adding at the end the following new subsection:
``(3) Review of emerging issues.--In carrying out this
subsection, as the Comptroller General determines is
warranted, the Comptroller General shall review emerging
issues and, in consultation with the congressional defense
committees, brief such committees or submit to such
committees a report on the findings of the Comptroller
General with respect to such review.''.
SEC. 1666. REPEAL OF REQUIREMENT FOR REPORTING STRUCTURE OF
MISSILE DEFENSE AGENCY.
Section 205 of title 10, United States Code, is amended to
read as follows:
``Sec. 205. Missile Defense Agency
``The Director of the Missile Defense Agency shall be
appointed for a six-year term.''.
SEC. 1667. GROUND-BASED MIDCOURSE DEFENSE INTERIM CAPABILITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the nuclear and ballistic missile threats from rogue
nations are increasing; and
(2) the Department of Defense should fully assess
development of an interim ground-based missile defense
capability while also pursuing the development of a next
generation interceptor capability.
(b) Interim Ground-based Interceptor.--
(1) Development.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Director of the Missile Defense Agency and in
coordination with the Under Secretary of Defense for
Acquisition and Sustainment, the Commander of the United
States Northern Command, and the Commander of the United
States Strategic Command, shall commence carrying out a
program to develop an interim ground-based interceptor
capability that will--
(A) use sound acquisition practices;
(B) address the majority of current and near- to mid-term
projected ballistic missile threats to the United States
homeland from rogue nations;
(C) at minimum, meet the proposed capabilities of the
Redesigned Kill Vehicle program;
(D) leverage existing kill vehicle and booster technology;
and
(E) appropriately balance interceptor performance with
schedule of delivery.
(2) Deployment.--The Secretary of Defense, acting through
the Director of the Missile Defense Agency and in
coordination with the Under Secretary of Defense for
Acquisition and Sustainment, the Commander of the United
States Northern Command, and the Commander of the United
States Strategic Command, shall--
(A) conduct rigorous flight testing of the interim ground-
based interceptor; and
(B) deliver 20 new ground-based interceptors by 2026.
(3) Waiver authority.--(A) The Secretary of Defense may
waive the requirements under paragraphs (1) and (2) if the
Secretary certifies to the congressional defense committees
that--
(i) the technology development is not technically feasible;
(ii) the interim capability development is not in the
national security interest of the United States; or
(iii) the next generation interceptor for the ground-based
midcourse defense system can deliver capability before the
program otherwise required by this subsection.
(B) If the Secretary chooses to waive the requirements
under paragraphs (1) and (2), the Secretary shall submit to
the congressional defense committees along with the
certification required by subparagraph (A) of this
paragraph--
(i) an explanation of the rationale for the decision;
(ii) an estimate of projected rogue nation threats to the
United States homeland that will not be defended against
until the fielding of the next generation interceptor for the
ground-based midcourse defense system; and
(iii) an updated schedule for development and deployment of
the next generation interceptor.
(C) The Secretary may not delegate the certification
described in subparagraphs (A) and (B) unless the Secretary
is recused, in which case the Secretary may delegate such
certification to the Deputy Secretary of Defense.
(c) Capabilities and Criteria.--The Director shall ensure
that the interim ground-based interceptor developed under
subsection (c)(1) meets, at a minimum, the following
capabilities and criteria:
(1) Vehicle-to-vehicle communications, as applicable.
(2) Vehicle-to-ground communications.
(3) Kill assessment capability.
(4) The ability to counter advanced counter measures,
decoys, and penetration aids.
(5) Producibility and manufacturability.
(6) Use of technology involving high technology readiness
levels.
(7) Options to integrate the new kill vehicle onto other
missile defense interceptor vehicles other than the ground-
based interceptors of the ground-based midcourse defense
system.
(8) Sound acquisition processes.
(d) Report on Funding Profile.--The Director shall include
with the budget justification materials submitted to Congress
in support of the budget of the Department of Defense for
fiscal year 2022 (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code) a report on the funding profile necessary for the
interim ground-based interceptor program to meet the
objectives under subsection (c).
TITLE XVII--HONG KONG AUTONOMY ACT
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Hong Kong Autonomy Act''.
SEC. 1702. DEFINITIONS.
In this title:
(1) Alien; national; national of the united states.--The
terms ``alien'', ``national'', and ``national of the United
States'' have the meanings given those terms in section 101
of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, the Committee on Homeland Security and
Governmental Affairs, the Committee on the Judiciary, the
Select Committee on Intelligence, and the majority leader and
the minority leader of the Senate; and
(B) the Committee on Armed Services, the Committee on
Financial Services, the Committee on Foreign Affairs, the
Committee on Homeland Security, the Committee on the
Judiciary, the Permanent Select Committee on Intelligence,
and the Speaker and the minority leader of the House of
Representatives.
(3) Basic law.--The term ``Basic Law'' means the Basic Law
of the Hong Kong Special Administrative Region of the
People's Republic of China.
(4) China.--The term ``China'' means the People's Republic
of China.
[[Page S6851]]
(5) Entity.--The term ``entity'' means a partnership, joint
venture, association, corporation, organization, network,
group, or subgroup, or any other form of business
collaboration.
(6) Financial institution.--The term ``financial
institution'' means a financial institution specified in
section 5312(a)(2) of title 31, United States Code.
(7) Hong kong.--The term ``Hong Kong'' means the Hong Kong
Special Administrative Region of the People's Republic of
China.
(8) Joint declaration.--The term ``Joint Declaration''
means the Joint Declaration of the Government of the United
Kingdom of Great Britain and Northern Ireland and the
Government of the People's Republic of China on the Question
of Hong Kong, done at Beijing on December 19, 1984.
(9) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge of the conduct, the circumstance, or the
result.
(10) Person.--The term ``person'' means an individual or
entity.
(11) United states person.--The term ``United States
person'' means--
(A) any citizen or national of the United States;
(B) any alien lawfully admitted for permanent residence in
the United States;
(C) any entity organized under the laws of the United
States or any jurisdiction within the United States
(including a foreign branch of such an entity); or
(D) any person located in the United States.
SEC. 1703. FINDINGS.
Congress makes the following findings:
(1) The Joint Declaration and the Basic Law clarify certain
obligations and promises that the Government of China has
made with respect to the future of Hong Kong.
(2) The obligations of the Government of China under the
Joint Declaration were codified in a legally-binding treaty,
signed by the Government of the United Kingdom of Great
Britain and Northern Ireland and registered with the United
Nations.
(3) The obligations of the Government of China under the
Basic Law originate from the Joint Declaration, were passed
into the domestic law of China by the National People's
Congress, and are widely considered by citizens of Hong Kong
as part of the de facto legal constitution of Hong Kong.
(4) Foremost among the obligations of the Government of
China to Hong Kong is the promise that, pursuant to Paragraph
3b of the Joint Declaration, ``the Hong Kong Special
Administrative Region will enjoy a high degree of autonomy,
except in foreign and defence affairs which are the
responsibilities of the Central People's Government''.
(5) The obligation specified in Paragraph 3b of the Joint
Declaration is referenced, reinforced, and extrapolated on in
several portions of the Basic Law, including Articles 2, 12,
13, 14, and 22.
(6) Article 22 of the Basic Law establishes that ``No
department of the Central People's Government and no
province, autonomous region, or municipality directly under
the Central Government may interfere in the affairs which the
Hong Kong Special Administrative Region administers on its
own in accordance with this Law.''.
(7) The Joint Declaration and the Basic Law make clear that
additional obligations shall be undertaken by China to ensure
the ``high degree of autonomy'' of Hong Kong.
(8) Paragraph 3c of the Joint Declaration states, as
reinforced by Articles 2, 16, 17, 18, 19, and 22 of the Basic
Law, that Hong Kong ``will be vested with executive,
legislative and independent judicial power, including that of
final adjudication''.
(9) On multiple occasions, the Government of China has
undertaken actions that have contravened the letter or intent
of the obligation described in paragraph (8) of this section,
including the following:
(A) In 1999, the Standing Committee of the National
People's Congress overruled a decision by the Hong Kong Court
of Final Appeal on the right of abode.
(B) On multiple occasions, the Government of Hong Kong, at
the advice of the Government of China, is suspected to have
not allowed persons entry into Hong Kong allegedly because of
their support for democracy and human rights in Hong Kong and
China.
(C) The Liaison Office of China in Hong Kong has, despite
restrictions on interference in the affairs of Hong Kong as
detailed in Article 22 of the Basic Law--
(i) openly expressed support for candidates in Hong Kong
for Chief Executive and Legislative Council;
(ii) expressed views on various policies for the Government
of Hong Kong and other internal matters relating to Hong
Kong; and
(iii) on April 17, 2020, asserted that both the Liaison
Office of China in Hong Kong and the Hong Kong and Macau
Affairs Office of the State Council ``have the right to
exercise supervision . . . on affairs regarding Hong Kong and
the mainland, in order to ensure correct implementation of
the Basic Law''.
(D) The National People's Congress has passed laws
requiring Hong Kong to pass laws banning disrespectful
treatment of the national flag and national anthem of China.
(E) The State Council of China released a white paper on
June 10, 2014, that stressed the ``comprehensive
jurisdiction'' of the Government of China over Hong Kong and
indicated that Hong Kong must be governed by ``patriots''.
(F) The Government of China has directed operatives to
kidnap and bring to the mainland, or is otherwise responsible
for the kidnapping of, residents of Hong Kong, including
businessman Xiao Jianhua and bookseller Gui Minhai.
(G) The Government of Hong Kong, acting with the support of
the Government of China, introduced an extradition bill that
would have permitted the Government of China to request and
enforce extradition requests for any individual present in
Hong Kong, regardless of the legality of the request or the
degree to which it compromised the judicial independence of
Hong Kong.
(H) The spokesman for the Standing Committee of the
National People's Congress said, ``Whether Hong Kong's laws
are consistent with the Basic Law can only be judged and
decided by the National People's Congress Standing Committee.
No other authority has the right to make judgments and
decisions.''.
(10) Paragraph 3e of the Joint Declaration states, as
reinforced by Article 5 of the Basic Law, that the ``current
social and economic systems in Hong Kong will remain
unchanged, as so will the life-style.''.
(11) On multiple occasions, the Government of China has
undertaken actions that have contravened the letter or intent
of the obligation described in paragraph (10) of this
section, including the following:
(A) In 2002, the Government of China pressured the
Government of Hong Kong to introduce ``patriotic'' curriculum
in primary and secondary schools.
(B) The governments of China and Hong Kong proposed the
prohibition of discussion of Hong Kong independence and self-
determination in primary and secondary schools, which
infringes on freedom of speech.
(C) The Government of Hong Kong mandated that Mandarin, and
not the native language of Cantonese, be the language of
instruction in Hong Kong schools.
(D) The governments of China and Hong Kong agreed to a
daily quota of mainland immigrants to Hong Kong, which is
widely believed by citizens of Hong Kong to be part of an
effort to ``mainlandize'' Hong Kong.
(12) Paragraph 3e of the Joint Declaration states, as
reinforced by Articles 4, 26, 27, 28, 29, 30, 31, 32 33, 34,
and 39 of the Basic Law, that the ``rights and freedoms,
including those of person, of speech, of the press, of
assembly, of association, of travel, of movement, of
correspondence, of strike, of choice of occupation, of
academic research and of religious belief will be ensured by
law'' in Hong Kong.
(13) On multiple occasions, the Government of China has
undertaken actions that have contravened the letter or intent
of the obligation described in paragraph (12) of this
section, including the following:
(A) On February 26, 2003, the Government of Hong Kong
introduced a national security bill that would have placed
restrictions on freedom of speech and other protected rights.
(B) The Liaison Office of China in Hong Kong has pressured
businesses in Hong Kong not to advertise in newspapers and
magazines critical of the governments of China and Hong Kong.
(C) The Hong Kong Police Force selectively blocked
demonstrations and protests expressing opposition to the
governments of China and Hong Kong or the policies of those
governments.
(D) The Government of Hong Kong refused to renew work visa
for a foreign journalist, allegedly for hosting a speaker
from the banned Hong Kong National Party.
(E) The Justice Department of Hong Kong selectively
prosecuted cases against leaders of the Umbrella Movement,
while failing to prosecute police officers accused of using
excessive force during the protests in 2014.
(F) On April 18, 2020, the Hong Kong Police Force arrested
14 high-profile democracy activists and campaigners for their
role in organizing a protest march that took place on August
18, 2019, in which almost 2,000,000 people rallied against a
proposed extradition bill.
(14) Articles 45 and 68 of the Basic Law assert that the
selection of Chief Executive and all members of the
Legislative Council of Hong Kong should be by ``universal
suffrage.''.
(15) On multiple occasions, the Government of China has
undertaken actions that have contravened the letter or intent
of the obligation described in paragraph (14) of this
section, including the following:
(A) In 2004, the National People's Congress created new,
antidemocratic procedures restricting the adoption of
universal suffrage for the election of the Chief Executive of
Hong Kong.
(B) The decision by the National People's Congress on
December 29, 2007, which ruled out universal suffrage in 2012
elections and set restrictions on when and if universal
suffrage will be implemented.
(C) The decision by the National People's Congress on
August 31, 2014, which placed limits on the nomination
process for the Chief Executive of Hong Kong as a condition
for adoption of universal suffrage.
(D) On November 7, 2016, the National People's Congress
interpreted Article 104 of the Basic Law in such a way to
disqualify 6 elected members of the Legislative Council.
(E) In 2018, the Government of Hong Kong banned the Hong
Kong National Party and blocked the candidacy of pro-
democracy candidates.
(16) The ways in which the Government of China, at times
with the support of a subservient Government of Hong Kong,
has acted
[[Page S6852]]
in contravention of its obligations under the Joint
Declaration and the Basic Law, as set forth in this section,
are deeply concerning to the people of Hong Kong, the United
States, and members of the international community who
support the autonomy of Hong Kong.
SEC. 1704. SENSE OF CONGRESS REGARDING HONG KONG.
It is the sense of Congress that--
(1) the United States continues to uphold the principles
and policy established in the United States-Hong Kong Policy
Act of 1992 (22 U.S.C. 5701 et seq.) and the Hong Kong Human
Rights and Democracy Act of 2019 (Public Law 116-76; 22
U.S.C. 5701 note), which remain consistent with China's
obligations under the Joint Declaration and certain
promulgated objectives under the Basic Law, including that--
(A) as set forth in section 101(1) of the United States-
Hong Kong Policy Act of 1992 (22 U.S.C. 5711(1)), ``The
United States should play an active role, before, on, and
after July 1, 1997, in maintaining Hong Kong's confidence and
prosperity, Hong Kong's role as an international financial
center, and the mutually beneficial ties between the people
of the United States and the people of Hong Kong.''; and
(B) as set forth in section 2(5) of the United States-Hong
Kong Policy Act of 1992 (22 U.S.C. 5701(5)), ``Support for
democratization is a fundamental principle of United States
foreign policy. As such, it naturally applies to United
States policy toward Hong Kong. This will remain equally true
after June 30, 1997.'';
(2) although the United States recognizes that, under the
Joint Declaration, the Government of China ``resumed the
exercise of sovereignty over Hong Kong with effect on 1 July
1997'', the United States supports the autonomy of Hong Kong
in furtherance of the United States-Hong Kong Policy Act of
1992 and the Hong Kong Human Rights and Democracy Act of 2019
and advances the desire of the people of Hong Kong to
continue the ``one country, two systems'' regime, in addition
to other obligations promulgated by China under the Joint
Declaration and the Basic Law;
(3) in order to support the benefits and protections that
Hong Kong has been afforded by the Government of China under
the Joint Declaration and the Basic Law, the United States
should establish a clear and unambiguous set of penalties
with respect to foreign persons determined by the Secretary
of State, in consultation with the Secretary of the Treasury,
to be involved in the contravention of the obligations of
China under the Joint Declaration and the Basic Law and the
financial institutions transacting with those foreign
persons;
(4) the Secretary of State should provide an unclassified
assessment of the reason for imposition of certain economic
penalties on entities, so as to permit a clear path for the
removal of economic penalties if the sanctioned behavior is
reversed and verified by the Secretary of State;
(5) relevant Federal agencies should establish a
multilateral sanctions regime with respect to foreign persons
involved in the contravention of the obligations of China
under the Joint Declaration and the Basic Law; and
(6) in addition to the penalties on foreign persons, and
financial institutions transacting with those foreign
persons, for the contravention of the obligations of China
under the Joint Declaration and the Basic Law, the United
States should take steps, in a time of crisis, to assist
permanent residents of Hong Kong who are persecuted or fear
persecution as a result of the contravention by China of its
obligations under the Joint Declaration and the Basic Law to
become eligible to obtain lawful entry into the United
States.
SEC. 1705. IDENTIFICATION OF FOREIGN PERSONS INVOLVED IN THE
EROSION OF THE OBLIGATIONS OF CHINA UNDER THE
JOINT DECLARATION OR THE BASIC LAW AND FOREIGN
FINANCIAL INSTITUTIONS THAT CONDUCT SIGNIFICANT
TRANSACTIONS WITH THOSE PERSONS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, if the Secretary of State, in
consultation with the Secretary of the Treasury, determines
that a foreign person is materially contributing to, has
materially contributed to, or attempts to materially
contribute to the failure of the Government of China to meet
its obligations under the Joint Declaration or the Basic Law,
the Secretary of State shall submit to the appropriate
congressional committees and leadership a report that
includes--
(1) an identification of the foreign person; and
(2) a clear explanation for why the foreign person was
identified and a description of the activity that resulted in
the identification.
(b) Identifying Foreign Financial Institutions.--Not
earlier than 30 days and not later than 60 days after the
Secretary of State submits to the appropriate congressional
committees and leadership the report under subsection (a),
the Secretary of the Treasury, in consultation with the
Secretary of State, shall submit to the appropriate
congressional committees and leadership a report that
identifies any foreign financial institution that knowingly
conducts a significant transaction with a foreign person
identified in the report under subsection (a).
(c) Exclusion of Certain Information.--
(1) Intelligence.--The Secretary of State shall not
disclose the identity of a person in a report submitted under
subsection (a) or (b), or an update under subsection (e), if
the Director of National Intelligence determines that such
disclosure could compromise an intelligence operation,
activity, source, or method of the United States.
(2) Law enforcement.--The Secretary of State shall not
disclose the identity of a person in a report submitted under
subsection (a) or (b), or an update under subsection (e), if
the Attorney General, in coordination, as appropriate, with
the Director of the Federal Bureau of Investigation, the head
of any other appropriate Federal law enforcement agency, and
the Secretary of the Treasury, determines that such
disclosure could reasonably be expected--
(A) to compromise the identity of a confidential source,
including a State, local, or foreign agency or authority or
any private institution that furnished information on a
confidential basis;
(B) to jeopardize the integrity or success of an ongoing
criminal investigation or prosecution;
(C) to endanger the life or physical safety of any person;
or
(D) to cause substantial harm to physical property.
(3) Notification required.--If the Director of National
Intelligence makes a determination under paragraph (1) or the
Attorney General makes a determination under paragraph (2),
the Director or the Attorney General, as the case may be,
shall notify the appropriate congressional committees and
leadership of the determination and the reasons for the
determination.
(d) Exclusion or Removal of Foreign Persons and Foreign
Financial Institutions.--
(1) Foreign persons.--The President may exclude a foreign
person from the report under subsection (a), or an update
under subsection (e), or remove a foreign person from the
report or update prior to the imposition of sanctions under
section 1706(a) if the material contribution (as described in
subsection (g)) that merited inclusion in that report or
update--
(A) does not have a significant and lasting negative effect
that contravenes the obligations of China under the Joint
Declaration and the Basic Law;
(B) is not likely to be repeated in the future; and
(C) has been reversed or otherwise mitigated through
positive countermeasures taken by that foreign person.
(2) Foreign financial institutions.--The President may
exclude a foreign financial institution from the report under
subsection (b), or an update under subsection (e), or remove
a foreign financial institution from the report or update
prior to the imposition of sanctions under section 1707(a) if
the significant transaction or significant transactions of
the foreign financial institution that merited inclusion in
that report or update--
(A) does not have a significant and lasting negative effect
that contravenes the obligations of China under the Joint
Declaration and the Basic Law;
(B) is not likely to be repeated in the future; and
(C) has been reversed or otherwise mitigated through
positive countermeasures taken by that foreign financial
institution.
(3) Notification required.--If the President makes a
determination under paragraph (1) or (2) to exclude or remove
a foreign person or foreign financial institution from a
report under subsection (a) or (b), as the case may be, the
President shall notify the appropriate congressional
committees and leadership of the determination and the
reasons for the determination.
(e) Update of Reports.--
(1) In general.--Each report submitted under subsections
(a) and (b) shall be updated in an ongoing manner and, to the
extent practicable, updated reports shall be resubmitted with
the annual report under section 301 of the United States-Hong
Kong Policy Act of 1992 (22 U.S.C. 5731).
(2) Rule of construction.--Nothing in this subsection shall
be construed to terminate the requirement to update the
reports under subsections (a) and (b) upon the termination of
the requirement to submit the annual report under section 301
of the United States-Hong Kong Policy Act of 1992 (22 U.S.C.
5731).
(f) Form of Reports.--
(1) In general.--Each report under subsection (a) or (b)
(including updates under subsection (e)) shall be submitted
in unclassified form and made available to the public.
(2) Classified annex.--The explanations and descriptions
included in the report under subsection (a)(2) (including
updates under subsection (e)) may be expanded on in a
classified annex.
(g) Material Contributions Related to Obligations of China
Described.--For purposes of this section, a foreign person
materially contributes to the failure of the Government of
China to meet its obligations under the Joint Declaration or
the Basic Law if the person--
(1) took action that resulted in the inability of the
people of Hong Kong--
(A) to enjoy freedom of assembly, speech, press, or
independent rule of law; or
(B) to participate in democratic outcomes; or
(2) otherwise took action that reduces the high degree of
autonomy of Hong Kong.
[[Page S6853]]
SEC. 1706. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT
CONTRAVENE THE OBLIGATIONS OF CHINA UNDER THE
JOINT DECLARATION OR THE BASIC LAW.
(a) Imposition of Sanctions.--
(1) In general.--On and after the date on which a foreign
person is included in the report under section 1705(a) or an
update to that report under section 1705(e), the President
may impose sanctions described in subsection (b) with respect
to that foreign person.
(2) Mandatory sanctions.--Not later than one year after the
date on which a foreign person is included in the report
under section 1705(a) or an update to that report under
section 1705(e), the President shall impose sanctions
described in subsection (b) with respect to that foreign
person.
(b) Sanctions Described.--The sanctions described in this
subsection with respect to a foreign person are the
following:
(1) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using, transferring,
withdrawing, transporting, or exporting any property that is
subject to the jurisdiction of the United States and with
respect to which the foreign person has any interest;
(B) dealing in or exercising any right, power, or privilege
with respect to such property; or
(C) conducting any transaction involving such property.
(2) Exclusion from the united states and revocation of visa
or other documentation.--In the case of a foreign person who
is an individual, the President may direct the Secretary of
State to deny a visa to, and the Secretary of Homeland
Security to exclude from the United States, the foreign
person, subject to regulatory exceptions to permit the United
States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other
applicable international obligations.
SEC. 1707. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL
INSTITUTIONS THAT CONDUCT SIGNIFICANT
TRANSACTIONS WITH FOREIGN PERSONS THAT
CONTRAVENE THE OBLIGATIONS OF CHINA UNDER THE
JOINT DECLARATION OR THE BASIC LAW.
(a) Imposition of Sanctions.--
(1) Initial sanctions.--Not later than one year after the
date on which a foreign financial institution is included in
the report under section 1705(b) or an update to that report
under section 1705(e), the President shall impose not fewer
than 5 of the sanctions described in subsection (b) with
respect to that foreign financial institution.
(2) Expanded sanctions.--Not later than two years after the
date on which a foreign financial institution is included in
the report under section 1705(b) or an update to that report
under section 1705(e), the President shall impose each of the
sanctions described in subsection (b).
(b) Sanctions Described.--The sanctions described in this
subsection with respect to a foreign financial institution
are the following:
(1) Loans from united states financial institutions.--The
United States Government may prohibit any United States
financial institution from making loans or providing credits
to the foreign financial institution.
(2) Prohibition on designation as primary dealer.--Neither
the Board of Governors of the Federal Reserve System nor the
Federal Reserve Bank of New York may designate, or permit the
continuation of any prior designation of, the foreign
financial institution as a primary dealer in United States
Government debt instruments.
(3) Prohibition on service as a repository of government
funds.--The foreign financial institution may not serve as
agent of the United States Government or serve as repository
for United States Government funds.
(4) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and involve the foreign
financial institution.
(5) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial
institutions or by, through, or to any financial institution,
to the extent that such transfers or payments are subject to
the jurisdiction of the United States and involve the foreign
financial institution.
(6) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using, transferring,
withdrawing, transporting, or exporting any property that is
subject to the jurisdiction of the United States and with
respect to which the foreign financial institution has any
interest;
(B) dealing in or exercising any right, power, or privilege
with respect to such property; or
(C) conducting any transaction involving such property.
(7) Restriction on exports, reexports, and transfers.--The
President, in consultation with the Secretary of Commerce,
may restrict or prohibit exports, reexports, and transfers
(in-country) of commodities, software, and technology subject
to the jurisdiction of the United States directly or
indirectly to the foreign financial institution.
(8) Ban on investment in equity or debt.--The President
may, pursuant to such regulations or guidelines as the
President may prescribe, prohibit any United States person
from investing in or purchasing significant amounts of equity
or debt instruments of the foreign financial institution.
(9) Exclusion of corporate officers.--The President may
direct the Secretary of State, in consultation with the
Secretary of the Treasury and the Secretary of Homeland
Security, to exclude from the United States any alien that is
determined to be a corporate officer or principal of, or a
shareholder with a controlling interest in, the foreign
financial institution, subject to regulatory exceptions to
permit the United States to comply with the Agreement
regarding the Headquarters of the United Nations, signed at
Lake Success June 26, 1947, and entered into force November
21, 1947, between the United Nations and the United States,
or other applicable international obligations.
(10) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the foreign financial institution, or on
individuals performing similar functions and with similar
authorities as such officer or officers, any of the sanctions
described in paragraphs (1) through (8) that are applicable.
(c) Timing of Sanctions.--The President may impose
sanctions required under subsection (a) with respect to a
financial institution included in the report under section
1705(b) or an update to that report under section 1705(e)
beginning on the day on which the financial institution is
included in that report or update.
SEC. 1708. WAIVER, TERMINATION, EXCEPTIONS, AND CONGRESSIONAL
REVIEW PROCESS.
(a) National Security Waiver.--Unless a disapproval
resolution is enacted under subsection (d), the President may
waive the application of sanctions under section 1706 or 1707
with respect to a foreign person or foreign financial
institution if the President--
(1) determines that the waiver is in the national security
interest of the United States; and
(2) submits to the appropriate congressional committees and
leadership a report on the determination and the reasons for
the determination.
(b) Termination of Sanctions and Removal From Report.--
Unless a disapproval resolution is enacted under subsection
(d), the President may terminate the application of sanctions
under section 1706 or 1707 with respect to a foreign person
or foreign financial institution and remove the foreign
person from the report required under section 1705(a) or the
foreign financial institution from the report required under
section 1705(b), as the case may be, if the Secretary of
State, in consultation with the Secretary of the Treasury,
determines that the actions taken by the foreign person or
foreign financial institution that led to the imposition of
sanctions--
(1) do not have a significant and lasting negative effect
that contravenes the obligations of China under the Joint
Declaration and the Basic Law;
(2) are not likely to be repeated in the future; and
(3) have been reversed or otherwise mitigated through
positive countermeasures taken by that foreign person or
foreign financial institution.
(c) Termination of Act.--
(1) Report.--
(A) In general.--Not later than July 1, 2046, the
President, in consultation with the Secretary of State, the
Secretary of the Treasury, and the heads of such other
Federal agencies as the President considers appropriate,
shall submit to Congress a report evaluating the
implementation of this title and sanctions imposed pursuant
to this title.
(B) Elements.--The President shall include in the report
submitted under subparagraph (A) an assessment of whether
this title and the sanctions imposed pursuant to this title
should be terminated.
(2) Termination.--This title and the sanctions imposed
pursuant to this title shall remain in effect unless a
termination resolution is enacted under subsection (e) after
July 1, 2047.
(d) Congressional Review.--
(1) Resolutions.--
(A) Disapproval resolution.--In this section, the term
``disapproval resolution'' means only a joint resolution of
either House of Congress--
(i) the title of which is as follows: ``A joint resolution
disapproving the waiver or termination of sanctions with
respect to a foreign person that contravenes the obligations
of China with respect to Hong Kong or a foreign financial
institution that conducts a significant transaction with that
person.''; and
(ii) the sole matter after the resolving clause of which is
the following: ``Congress disapproves of the action under
section 1708 of the Hong Kong Autonomy Act relating to the
application of sanctions imposed with respect to a foreign
person that contravenes the obligations of China with respect
to Hong Kong, or a foreign financial institution that
conducts a significant transaction with that person, on
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