[116th Congress Public Law 283]
[From the U.S. Government Publishing Office]
[[Page 3387]]
WILLIAM M. (MAC) THORNBERRY
NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2021
<star> (Star Print)
[[Page 134 STAT. 3388]]
Public Law 116-283
116th Congress
An Act
To authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes. <<NOTE: Jan. 1,
2021 - [H.R. 6395]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into eight divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--National Artificial Intelligence Initiative
Act of 2020
(6) Division F--Anti-Money Laundering
(7) Division G--Elijah E. Cummings Coast Guard Authorization
Act of 2020
(8) Division H--Other Matters
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
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. Modifications to requirement for an interim cruise missile
defense capability.
Sec. 112. Report and limitations on acquisition of Integrated Visual
Augmentation System.
Sec. 113. Assessment of investment and sustainment for procurement of
cannon tubes.
Subtitle C--Navy Programs
Sec. 121. Limitation on alteration of the Navy fleet mix.
[[Page 134 STAT. 3389]]
Sec. 122. Limitations on Navy medium and large unmanned surface vessels.
Sec. 123. Fighter force structure acquisition strategy.
Sec. 124. Procurement authorities for certain amphibious shipbuilding
programs.
Sec. 125. Land-based test program for the FFG(X) Frigate program.
Sec. 126. Treatment in future budgets of the President of systems added
by Congress.
Sec. 127. Extension of prohibition on availability of funds for Navy
waterborne security barriers.
Sec. 128. Report on strategy to use ALQ-249 Next Generation Jammer to
ensure full spectrum electromagnetic superiority.
Subtitle D--Air Force Programs
Sec. 131. Minimum operational squadron level.
Sec. 132. Modification of force structure objectives for bomber
aircraft.
Sec. 133. Minimum bomber aircraft force level.
Sec. 134. Required minimum inventory of tactical airlift aircraft.
Sec. 135. Inventory requirements for air refueling tanker aircraft.
Sec. 136. Authority to use F-35A fighter aircraft AT-1 through AT-6.
Sec. 137. F-35 aircraft gun system ammunition.
Sec. 138. Extension of limitation on availability of funds for
retirement of RC-135 aircraft.
Sec. 139. Modification to limitation on retirement of U-2 and RQ-4
aircraft.
Sec. 140. Modification of limitation on availability of funds for
retirement of E-8 JSTARS aircraft.
Sec. 141. Limitation on divestment of F-15C aircraft within the European
theater.
Sec. 142. Modernization plan for airborne intelligence, surveillance,
and reconnaissance.
Sec. 143. RC-26B manned intelligence, surveillance, and reconnaissance
aircraft.
Sec. 144. Prohibition on funding for Close Air Support Integration
Group.
Sec. 145. Required solution for KC-46 aircraft remote visual system
limitations.
Sec. 146. Analysis of moving target indicator requirements and Advanced
Battle Management System capabilities.
Sec. 147. Study on measures to assess cost-per-effect for key mission
areas.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 151. Budgeting for life-cycle costs of aircraft for the Army, Navy,
and Air Force.
Sec. 152. Transfer of responsibilities and functions relating to
electromagnetic spectrum operations.
Sec. 153. Cryptographic modernization schedules.
Sec. 154. Department of Defense participation in the Special Federal
Aviation Regulation Working Group.
Sec. 155. Integrated air and missile defense assessment.
Sec. 156. Joint strategy for air base defense against missile threats.
Sec. 157. Joint All Domain Command and Control requirements.
Sec. 158. Expansion of economic order quantity contracting authority for
F-35 aircraft program.
Sec. 159. Documentation relating to the F-35 aircraft program.
Sec. 160. F-35 aircraft munitions.
Sec. 161. Redesign strategy for the Autonomic Logistics Information
System for the F-35 fighter aircraft.
Sec. 162. Briefings on software regression testing for F-35 aircraft.
Sec. 163. Prohibition on use of funds for the Armed Overwatch Program.
Sec. 164. Acceleration of development and fielding of counter unmanned
aircraft systems across the joint force.
Sec. 165. Airborne intelligence, surveillance, and reconnaissance
acquisition roadmap for the United States Special Operations
Command.
Sec. 166. Prohibition on divestiture of manned intelligence,
surveillance, and reconnaissance aircraft operated by United
States Special Operations Command.
Sec. 167. Notification on efforts to replace inoperable ejection seat
aircraft locator beacons.
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. Modification of requirements relating to certain cooperative
research and development agreements.
[[Page 134 STAT. 3390]]
Sec. 212. Disclosure requirements for recipients of Department of
Defense research and development funds.
Sec. 213. Modification of national security innovation activities and
pilot program on strengthening the defense industrial and
innovation base.
Sec. 214. Updates to Defense Quantum Information Science and Technology
Research and Development program.
Sec. 215. Establishment of Directed Energy Working Group.
Sec. 216. Extension of pilot program for the enhancement of the
research, development, test, and evaluation centers of the
Department of Defense.
Sec. 217. Designation of senior officials for critical technology areas
supportive of the National Defense Strategy.
Sec. 218. Executive agent for Autonomy.
Sec. 219. National security innovation partnerships.
Sec. 220. Social science, management science, and information science
research activities.
Sec. 221. Accountability measures relating to the Advanced Battle
Management System.
Sec. 222. Activities to improve fielding of Air Force hypersonic
capabilities.
Sec. 223. Disclosure of funding sources in applications for Federal
research and development awards.
Sec. 224. Governance of fifth-generation wireless networking in the
Department of Defense.
Sec. 225. Demonstration project on use of certain technologies for
fifth-generation wireless networking services.
Sec. 226. Research, development, and deployment of technologies to
support water sustainment.
Sec. 227. Limitation on contract awards for certain unmanned vessels.
Subtitle C--Artificial Intelligence and Emerging Technology
Sec. 231. Modification of biannual report on the Joint Artificial
Intelligence Center.
Sec. 232. Modification of joint artificial intelligence research,
development, and transition activities.
Sec. 233. Board of advisors for the Joint Artificial Intelligence
Center.
Sec. 234. Application of artificial intelligence to the defense reform
pillar of the National Defense Strategy.
Sec. 235. Acquisition of ethically and responsibly developed artificial
intelligence technology.
Sec. 236. Steering committee on emerging technology.
Subtitle D--Education and Workforce Development
Sec. 241. Measuring and incentivizing programming proficiency.
Sec. 242. Modification of Science, Mathematics, and Research for
Transformation (SMART) Defense Education Program.
Sec. 243. Improvements to Technology and National Security Fellowship of
Department of Defense.
Sec. 244. Modification of mechanisms for expedited access to technical
talent and expertise at academic institutions.
Sec. 245. Encouragement of contractor science, technology, engineering,
and mathematics (STEM) programs.
Sec. 246. Training program for human resources personnel in best
practices for technical workforce.
Sec. 247. Pilot program on the use of electronic portfolios to evaluate
certain applicants for technical positions.
Sec. 248. Pilot program on self-directed training in advanced
technologies.
Sec. 249. Part-time and term employment of university faculty and
students in the Defense science and technology enterprise.
Sec. 250. National security workforce and educational diversity
activities.
Sec. 251. Coordination of scholarship and employment programs of the
Department of Defense.
Sec. 252. Study on mechanisms for attracting and retaining high quality
talent in the Department of Defense.
Subtitle E--Sustainable Chemistry
Sec. 261. National coordinating entity for sustainable chemistry.
Sec. 262. Strategic plan for sustainable chemistry.
Sec. 263. Agency activities in support of sustainable chemistry.
Sec. 264. Partnerships in sustainable chemistry.
Sec. 265. Prioritization.
Sec. 266. Rule of construction.
Sec. 267. Major multi-user research facility project.
Subtitle F--Plans, Reports, and Other Matters
Sec. 271. Modification to annual report of the Director of Operational
Test and Evaluation.
[[Page 134 STAT. 3391]]
Sec. 272. Modification to Test Resource Management Center strategic plan
reporting cycle and contents.
Sec. 273. Modification of requirements relating to energetics plan to
include assessment of feasibility and advisability of
establishing a program office for energetics.
Sec. 274. Element in annual reports on cyber science and technology
activities on work with academic consortia on high priority
cybersecurity research activities in Department of Defense
capabilities.
Sec. 275. Repeal of quarterly updates on the Optionally Manned Fighting
Vehicle program.
Sec. 276. Microelectronics and national security.
Sec. 277. Independent evaluation of personal protective and diagnostic
testing equipment.
Sec. 278. Assessment on United States national security emerging
biotechnology efforts and capabilities and comparison with
adversaries.
Sec. 279. Annual reports regarding the SBIR program of the Department of
Defense.
Sec. 280. Reports on F-35 physiological episodes and mitigation efforts.
Sec. 281. Review and report on next generation air dominance
capabilities.
Sec. 282. Plan for operational test and utility evaluation of systems
for Low-Cost Attributable Aircraft Technology program.
Sec. 283. Independent comparative analysis of efforts by China and the
United States to recruit and retain researchers in national
security-related and defense-related fields.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Clearinghouse for
review of mission obstructions.
Sec. 312. Readiness and Environmental Protection Integration Program.
Sec. 313. Extension of real-time sound monitoring at Navy installations
where tactical fighter aircraft operate.
Sec. 314. Modification of authority for environmental restoration
projects of National Guard.
Sec. 315. Modification of authority to carry out military installation
resilience projects.
Sec. 316. Energy resilience and energy security measures on military
installations.
Sec. 317. Modification to availability of energy cost savings for
Department of Defense.
Sec. 318. Increased transparency through reporting on usage and spills
of aqueous film-forming foam at military installations.
Sec. 319. Native American lands environmental mitigation program.
Sec. 320. Study on alternatives to address impacts of transboundary
flows, spills, or discharges of pollution or debris from the
Tijuana River on personnel, activities, and installations of
Department of Defense.
Sec. 321. Pilot program on alternative fuel vehicle purchasing.
Sec. 322. Budgeting of Department of Defense relating to operational
energy improvement.
Sec. 323. Assessment of Department of Defense operational energy usage.
Sec. 324. Improvement of the Operational Energy Capability Improvement
Fund of the Department of Defense.
Sec. 325. Five-year reviews of containment technologies relating to Red
Hill Bulk Fuel Storage Facility.
Sec. 326. Limitation on use of funds for acquisition of furnished energy
for Rhine Ordnance Barracks Army Medical Center.
Sec. 327. Requirement to update Department of Defense adaptation
roadmap.
Sec. 328. Department of Defense report on greenhouse gas emissions
levels.
Sec. 329. Objectives, performance standards, and criteria for use of
wildlife conservation banking programs.
Sec. 330. Prizes for development of non-PFAS-containing fire-fighting
agent.
Sec. 331. Survey of technologies for Department of Defense application
in phasing out the use of fluorinated aqueous film-forming
foam.
Sec. 332. Interagency body on research related to per- and
polyfluoroalkyl substances.
Sec. 333. Restriction on Department of Defense procurement of certain
items containing perfluorooctane sulfonate or
perfluorooctanoic acid.
Sec. 334. Research and development of alternative to aqueous film-
forming foam.
[[Page 134 STAT. 3392]]
Sec. 335. Notification to agricultural operations located in areas
exposed to Department of Defense PFAS use.
Sec. 336. Reporting on energy savings performance contracts.
Sec. 337. Increase in funding for Centers for Disease Control Study on
health implications of per- and polyfluoroalkyl substances
contamination in drinking water.
Sec. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020.
Sec. 339. Assessment of Department of Defense excess property programs
with respect to need and wildfire risk.
Subtitle C--Logistics and Sustainment
Sec. 341. National Defense Sustainment and Logistics Review.
Sec. 342. Repeal of sunset for minimum annual purchase amount for
carriers participating in the Civil Reserve Air Fleet.
Sec. 343. Additional elements for inclusion in Navy ship depot
maintenance budget report.
Sec. 344. Clarification of limitation on length of overseas forward
deployment of currently deployed naval vessels.
Sec. 345. Independent advisory panel on weapon system sustainment.
Sec. 346. Biannual briefings on status of Shipyard Infrastructure
Optimization Plan.
Sec. 347. Materiel readiness metrics and objectives for major weapon
systems.
Sec. 348. Repeal of statutory requirement for notification to Director
of Defense Logistics Agency three years prior to implementing
changes to any uniform or uniform component.
Subtitle D--Munitions Safety and Oversight
Sec. 351. Chair of Department of Defense explosive safety board.
Sec. 352. Explosive Ordnance Disposal Defense Program.
Sec. 353. Assessment of resilience of Department of Defense munitions
enterprise.
Sec. 354. Report on safety waivers and mishaps in Department of Defense
munitions enterprise.
Subtitle E--Other Matters
Sec. 361. Pilot program for temporary issuance of maternity-related
uniform items.
Sec. 362. Servicewomen's Commemorative Partnerships.
Sec. 363. Biodefense analysis and budget submission.
Sec. 364. Update of National Biodefense Implementation Plan.
Sec. 365. Plans and reports on emergency response training for military
installations.
Sec. 366. Inapplicability of congressional notification and dollar
limitation requirements for advance billings for certain
background investigations.
Sec. 367. Adjustment in availability of appropriations for unusual cost
overruns and for changes in scope of work.
Sec. 368. Requirement that Secretary of Defense implement security and
emergency response recommendations relating to active shooter
or terrorist attacks on installations of Department of
Defense.
Sec. 369. Clarification of food ingredient requirements for food or
beverages provided by the Department of Defense.
Sec. 370. Commission on the naming of items of the Department of Defense
that commemorate the Confederate States of America or any
person who served voluntarily with the Confederate States of
America.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions to permanent active duty end strength minimum
levels.
Sec. 403. Modification of the authorized number and accounting method
for senior enlisted personnel.
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 end
strengths for temporary military technicians (dual status).
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
[[Page 134 STAT. 3393]]
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strengths of general and flag officers on active
duty.
Sec. 502. Temporary expansion of availability of enhanced constructive
service credit in a particular career field upon original
appointment as a commissioned officer.
Sec. 503. Diversity in selection boards.
Sec. 504. Requirement for promotion selection board recommendation of
higher placement on promotion list of officers of particular
merit.
Sec. 505. Special selection review boards for review of promotion of
officers subject to adverse information identified after
recommendation for promotion and related matters.
Sec. 506. Number of opportunities for consideration for promotion under
alternative promotion authority.
Sec. 507. Mandatory retirement for age.
Sec. 508. Clarifying and improving restatement of rules on the retired
grade of commissioned officers.
Sec. 509. Repeal of authority for original appointment of regular Navy
officers designated for engineering duty, aeronautical
engineering duty, and special duty.
Sec. 509A. Permanent programs on direct commissions to cyber positions.
Sec. 509B. Review of Seaman to Admiral-21 program.
Subtitle B--Reserve Component Management
Sec. 511. Temporary authority to order retired members to active duty in
high-demand, low-density assignments during war or national
emergency.
Sec. 512. Expansion of Junior Reserve Officers' Training Corps Program.
Sec. 513. Grants to support STEM education in the Junior Reserve
Officers' Training Corps.
Sec. 514. Permanent suicide prevention and resilience program for the
reserve components.
Sec. 515. Modification of education loan repayment program for members
of Selected Reserve.
Sec. 516. Inclusion of drill or training foregone due to emergency
travel or duty restrictions in computations of entitlement to
and amounts of retired pay for non-regular service.
Sec. 517. Quarantine lodging for members of the reserve components who
perform certain service in response to the COVID-19
emergency.
Sec. 518. Direct employment pilot program for certain members of the
reserve components.
Sec. 519. Pilot programs authorized in connection with SROTC units and
CSPI programs at Historically Black Colleges and Universities
and minority institutions.
Sec. 519A. Report regarding full-time National Guard duty in response to
the COVID-19 pandemic.
Sec. 519B. Study and report on National Guard support to States
responding to major disasters.
Sec. 519C. Report on guidance for use of unmanned aircraft systems by
the National Guard.
Sec. 519D. Study and report on ROTC recruitment.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Increased access to potential recruits.
Sec. 522. Sunset and transfer of functions of the Physical Disability
Board of Review.
Sec. 523. Honorary promotion matters.
Sec. 524. Exclusion of official photographs of members from records
furnished to promotion selection boards.
Sec. 525. Report regarding reviews of discharges and dismissals based on
sexual orientation.
Subtitle D--Prevention and Response To Sexual Assault, Harassment, and
Related Misconduct
Sec. 531. Modification of time required for expedited decisions in
connection with applications for change of station or unit
transfer of members who are victims of sexual assault or
related offenses.
Sec. 532. Confidential reporting of sexual harassment.
Sec. 533. Additional bases for provision of advice by the Defense
Advisory Committee for the Prevention of Sexual Misconduct.
[[Page 134 STAT. 3394]]
Sec. 534. Additional matters for 2021 report of the Defense Advisory
Committee for the Prevention of Sexual Misconduct.
Sec. 535. Inclusion of advisory duties on the Coast Guard Academy among
duties of Defense Advisory Committee for the Prevention of
Sexual Misconduct.
Sec. 536. Modification of reporting and data collection on victims of
sexual offenses.
Sec. 537. Modification of annual report regarding sexual assaults
involving members of the Armed Forces.
Sec. 538. Coordination of support for survivors of sexual trauma.
Sec. 539. Policy for military service academies on separation of alleged
victims and alleged perpetrators in incidents of sexual
assault.
Sec. 539A. Safe-to-report policy applicable across the Armed Forces.
Sec. 539B. Accountability of leadership of the Department of Defense for
discharging the sexual harassment policies and programs of
the Department.
Sec. 539C. Reports on status of investigations of alleged sex-related
offenses.
Sec. 539D. Report on ability of Sexual Assault Response Coordinators and
Sexual Assault Prevention and Response Victim Advocates to
perform duties.
Sec. 539E. Briefing on Special Victims' Counsel program.
Sec. 539F. Briefing on placement of members of the Armed Forces in
academic status who are victims of sexual assault onto Non-
Rated Periods.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Right to notice of victims of offenses under the Uniform Code
of Military Justice regarding certain post-trial motions,
filings, and hearings.
Sec. 542. Qualifications of judges and standard of review for Courts of
Criminal Appeals.
Sec. 543. Preservation of court-martial records.
Sec. 544. Availability of records for National Instant Criminal
Background Check System.
Sec. 545. Removal of personally identifying and other information of
certain persons from investigative reports, the Department of
Defense Central Index of Investigations, and other records
and databases.
Sec. 546. Briefing on mental health support for vicarious trauma for
certain personnel in the military justice system.
Sec. 547. Comptroller General of the United States report on
implementation by the Armed Forces of recent GAO
recommendations and statutory requirements on assessment of
racial, ethnic, and gender disparities in the military
justice system.
Sec. 548. Legal assistance for veterans and surviving spouses and
dependents.
Sec. 549. Clarification of termination of leases of premises and motor
vehicles of servicemembers who incur catastrophic injury or
illness or die while in military service.
Sec. 549A. Multidisciplinary board to evaluate suicide events.
Sec. 549B. Improvements to Department of Defense tracking of and
response to incidents of child abuse, adult crimes against
children, and serious harmful behavior between children and
youth involving military dependents on military
installations.
Sec. 549C. Independent analysis and recommendations on domestic violence
in the Armed Forces.
Subtitle F--Diversity and Inclusion
Sec. 551. Diversity and inclusion reporting requirements and related
matters.
Sec. 552. National emergency exception for timing requirements with
respect to certain surveys of members of the Armed Forces.
Sec. 553. Questions regarding racism, anti-Semitism, and supremacism in
workplace surveys administered by the Secretary of Defense.
Sec. 554. Inspector General oversight of diversity and inclusion in
Department of Defense; supremacist, extremist, or criminal
gang activity in the Armed Forces.
Sec. 555. Policy to improve responses to pregnancy and childbirth by
certain members of the Armed Forces.
Sec. 556. Training on certain Department of Defense instructions for
members of the Armed Forces.
Sec. 557. Evaluation of barriers to minority participation in certain
units of the Armed Forces.
Sec. 558. Comptroller General of the United States report on equal
opportunity at the military service academies.
Subtitle G--Decorations and Awards
Sec. 561. Extension of time to review World War I Valor Medals.
Sec. 562. Authorizations for certain awards.
[[Page 134 STAT. 3395]]
Sec. 563. Feasibility study on establishment of service medal for
radiation-exposed veterans.
Sec. 564. Expressing support for the designation of Silver Star Service
Banner Day.
Subtitle H--Member Education, Training, Transition, and Resilience
Sec. 571. Mentorship and career counseling program for officers to
improve diversity in military leadership.
Sec. 572. Expansion of Skillbridge program to include the Coast Guard.
Sec. 573. Increase in number of permanent professors at the United
States Air Force Academy.
Sec. 574. Additional elements with 2021 and 2022 certifications on the
Ready, Relevant Learning initiative of the Navy.
Sec. 575. Information on nominations and applications for military
service academies.
Sec. 576. Report on potential improvements to certain military
educational institutions of the Department of Defense.
Sec. 577. College of International Security Affairs of the National
Defense University.
Sec. 578. Improvements to the Credentialing Opportunities On-Line
programs of the Armed Forces.
Sec. 579. GAO study regarding transferability of military certifications
to civilian occupational licenses and certifications.
Sec. 579A. Report regarding county, Tribal, and local veterans service
officers.
Subtitle I--Military Family Readiness and Dependents' Education
Sec. 581. Family readiness: definitions; communication strategy; review;
report.
Sec. 582. Improvements to Exceptional Family Member Program.
Sec. 583. Support services for members of special operations forces and
immediate family members.
Sec. 584. Responsibility for allocation of certain funds for military
child development programs.
Sec. 585. Military child care and child development center matters.
Sec. 586. Expansion of financial assistance under My Career Advancement
Account program.
Sec. 587. Improvements to partner criteria of the Military Spouse
Employment Partnership Program.
Sec. 588. 24-hour child care.
Sec. 589. Pilot program to provide financial assistance to members of
the Armed Forces for in-home child care.
Sec. 589A. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 589B. Staffing of Department of Defense Education Activity schools
to maintain maximum student-to-teacher ratios.
Sec. 589C. Pilot program to expand eligibility for enrollment at
domestic dependent elementary and secondary schools.
Sec. 589D. Pilot program on expanded eligibility for Department of
Defense Education Activity Virtual High School program.
Sec. 589E. Training program regarding foreign malign influence
campaigns.
Sec. 589F. Study on cyberexploitation and online deception of members of
the Armed Forces and their families.
Sec. 589G. Matters relating to education for military dependent students
with special needs.
Sec. 589H. Studies and reports on the performance of the Department of
Defense Education Activity.
Subtitle J--Other Matters and Reports
Sec. 591. Expansion of Department of Defense STARBASE Program.
Sec. 592. Inclusion of certain outlying areas in the Department of
Defense STARBASE Program.
Sec. 593. Postponement of conditional designation of Explosive Ordnance
Disposal Corps as a basic branch of the Army.
Sec. 594. Armed Services Vocational Aptitude Battery Test special
purpose adjunct to address computational thinking.
Sec. 595. Extension of reporting deadline for the annual report on the
assessment of the effectiveness of activities of the Federal
Voting Assistance Program.
Sec. 596. Plan on performance of funeral honors details by members of
other Armed Forces when members of the Armed Force of the
deceased are unavailable.
Sec. 597. Study on financial impacts of the Coronavirus Disease 2019 on
members of the Armed Forces and best practices to prevent
future financial hardships.
[[Page 134 STAT. 3396]]
Sec. 598. Limitation on implementation of Army Combat Fitness Test.
Sec. 599. Semiannual reports on implementation of recommendations of the
Comprehensive Review of Special Operations Forces Culture and
Ethics.
Sec. 599A. Report on impact of children of certain Filipino World War II
veterans on national security, foreign policy, and economic
and humanitarian interests of the United States.
TITLE VI--MILITARY COMPENSATION
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay.
Sec. 602. Compensation and credit for retired pay purposes for maternity
leave taken by members of the reserve components.
Sec. 603. Provision of information regarding SCRA to members who receive
basic allowance for housing.
Sec. 604. Reorganization of certain allowances other than travel and
transportation allowances.
Sec. 605. Expansion of travel and transportation allowances to include
fares and tolls.
Sec. 606. One-time uniform allowance for officers who transfer to the
Space Force.
Subtitle B--Bonuses and Special 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.
Sec. 613. Increase in certain hazardous duty incentive pay for members
of the uniformed services.
Sec. 614. Payment of hazardous duty incentive pay for members of the
uniformed services.
Sec. 615. Clarification of 30 days of continuous duty on board a ship
required for family separation allowance for members of the
uniformed services.
Subtitle C--Disability Pay, Retired Pay, and Family and Survivor
Benefits
Sec. 621. Modernization and clarification of payment of certain Reserves
while on duty.
Sec. 622. Restatement and clarification of authority to reimburse
members for spouse relicensing costs pursuant to a permanent
change of station.
Sec. 623. Expansion of death gratuity for ROTC graduates.
Sec. 624. Expansion of assistance for Gold Star spouses and other
dependents.
Sec. 625. Gold Star Families Parks Pass.
Sec. 626. Recalculation of financial assistance for providers of child
care services and youth program services for dependents.
Sec. 627. Priority for certain military family housing to a member of
the Armed Forces whose spouse agrees to provide family home
day care services.
Sec. 628. Study on feasibility and advisability of TSP contributions by
military spouses.
Sec. 629. Report on implications of expansion of authority to provide
financial assistance to civilian providers of child care
services or youth program services for survivors of members
of the Armed Forces who die in the line of duty.
Sec. 629A. Report on extension of commissary and exchange benefits for
surviving remarried spouses with dependent children of
members of the Armed Forces who die while on active duty or
certain reserve duty.
Subtitle D--Defense Resale Matters
Sec. 631. Base responders essential needs and dining access.
Sec. 632. First responder access to mobile exchanges.
Sec. 633. Updated business case analysis for consolidation of the
defense resale system.
Subtitle E--Other Personnel Rights and Benefits
Sec. 641. Approval of certain activities by retired and reserve members
of the uniformed services.
Sec. 642. Permanent authority for and enhancement of the Government
lodging program.
Sec. 643. Operation of Stars and Stripes.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvement to breast cancer screening.
Sec. 702. Waiver of fees charged to certain civilians for emergency
medical treatment provided at military medical treatment
facilities.
[[Page 134 STAT. 3397]]
Sec. 703. Authority for Secretary of Defense to manage provider type
referral and supervision requirements under TRICARE program.
Sec. 704. Expansion of benefits available under TRICARE Extended Care
Health Option program.
Sec. 705. Sale of hearing aids for dependents of certain members of the
reserve components.
Sec. 706. Pilot program on receipt of non-generic prescription
maintenance medications under TRICARE pharmacy benefits
program.
Subtitle B--Health Care Administration
Sec. 711. Repeal of administration of TRICARE dental plans through
Federal Employees Dental and Vision Insurance Program.
Sec. 712. Protection of the Armed Forces from infectious diseases.
Sec. 713. Inclusion of drugs, biological products, and critical medical
supplies in national security strategy for national
technology and industrial base.
Sec. 714. Contract authority of the Uniformed Services University of the
Health Sciences.
Sec. 715. Membership of Board of Regents of Uniformed Services
University of the Health Sciences.
Sec. 716. Temporary exemption for Uniformed Services University of the
Health Sciences from certain Paperwork Reduction Act
requirements.
Sec. 717. Modification to limitation on the realignment or reduction of
military medical manning end strength.
Sec. 718. Modifications to implementation plan for restructure or
realignment of military medical treatment facilities.
Sec. 719. Policy to address prescription opioid safety.
Sec. 720. Addition of burn pit registration and other information to
electronic health records of members of the Armed Forces.
Sec. 721. Inclusion of information on exposure to open burn pits in
postdeployment health reassessments.
Subtitle C--Matters Relating to COVID-19
Sec. 731. COVID-19 military health system review panel.
Sec. 732. Department of Defense pandemic preparedness.
Sec. 733. Transitional health benefits for certain members of the
National Guard serving under orders in response to the
coronavirus (COVID-19).
Sec. 734. Registry of certain TRICARE beneficiaries diagnosed with
COVID-19.
Sec. 735. Health assessments of veterans diagnosed with pandemic
diseases to determine exposure to open burn pits and toxic
airborne chemicals.
Sec. 736. Comptroller General study on delivery of mental health
services to members of the Armed Forces during the COVID-19
pandemic.
Subtitle D--Reports and Other Matters
Sec. 741. Modifications to pilot program on civilian and military
partnerships to enhance interoperability and medical surge
capability and capacity of National Disaster Medical System.
Sec. 742. Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities of the Department
of Defense.
Sec. 743. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 744. Military Health System Clinical Quality Management Program.
Sec. 745. Wounded Warrior Service Dog Program.
Sec. 746. Extramedical maternal health providers demonstration project.
Sec. 747. Briefing on diet and nutrition of members of the Armed Forces.
Sec. 748. Audit of medical conditions of residents in privatized
military housing.
Sec. 749. Assessment of receipt by civilians of emergency medical
treatment at military medical treatment facilities.
Sec. 750. Study on the incidence of cancer diagnosis and mortality among
military aviators and aviation support personnel.
Sec. 751. Study on exposure to toxic substances at Karshi-Khanabad Air
Base, Uzbekistan.
Sec. 752. Review and report on prevention of suicide among members of
the Armed Forces stationed at remote installations outside
the contiguous United States.
Sec. 753. Study on medevac helicopters and ambulances at certain
military installations.
Sec. 754. Comptroller General study on prenatal and postpartum mental
health conditions among members of the Armed Forces and their
dependents.
Sec. 755. Report on lapses in TRICARE coverage for members of the
National Guard and reserve components.
Sec. 756. Study and report on increasing telehealth services across
Armed Forces.
[[Page 134 STAT. 3398]]
Sec. 757. Study on force mix options and service models to enhance
readiness of medical force of the Armed Forces.
Sec. 758. Report on billing practices for health care from Department of
Defense.
Subtitle E--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--Acquisition Policy and Management
Sec. 801. Report on acquisition risk assessment and mitigation as part
of Adaptive Acquisition Framework implementation.
Sec. 802. Improving planning, execution, and oversight of life cycle
sustainment activities.
Sec. 803. Disclosures for offerors for certain shipbuilding major
defense acquisition program contracts.
Sec. 804. Implementation of modular open systems approaches.
Sec. 805. Congressional notification of termination of a middle tier
acquisition program.
Sec. 806. Definition of material weakness for contractor business
systems.
Sec. 807. Space system acquisition and the adaptive acquisition
framework.
Sec. 808. Acquisition authority of the Director of the Joint Artificial
Intelligence Center.
Sec. 809. Assessments of the process for developing capability
requirements for Department of Defense acquisition programs.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Sustainment reform for the Department of Defense.
Sec. 812. Inclusion of software in Government performance of acquisition
functions.
Sec. 813. Modifications to Comptroller General assessment of acquisition
programs and related initiatives.
Sec. 814. Cost or pricing data reporting requirements for Department of
Defense contracts.
Sec. 815. Prompt payment of contractors.
Sec. 816. Documentation pertaining to commercial item determinations.
Sec. 817. Modification to small purchase threshold exception to sourcing
requirements for certain articles.
Sec. 818. Repeal of program for qualified apprentices for military
construction contracts.
Sec. 819. Modifications to mitigating risks related to foreign
ownership, control, or influence of Department of Defense
contractors and subcontractors.
Sec. 820. Contract closeout authority for services contracts.
Sec. 821. Revision of proof required when using an evaluation factor for
employing or subcontracting with members of the Selected
Reserve.
Subtitle C--Provisions Relating to Software and Technology
Sec. 831. Contract authority for development and demonstration of
initial or additional prototype units.
Sec. 832. Extension of pilot program for streamlined awards for
innovative technology programs.
Sec. 833. Listing of other transaction authority consortia.
Sec. 834. Pilot program on the use of consumption-based solutions to
address software-intensive warfighting capability.
Sec. 835. Balancing security and innovation in software development and
acquisition.
Sec. 836. Digital modernization of analytical and decision-support
processes for managing and overseeing Department of Defense
acquisition programs.
Sec. 837. Safeguarding defense-sensitive United States intellectual
property, technology, and other data and information.
[[Page 134 STAT. 3399]]
Sec. 838. Comptroller General report on implementation of software
acquisition reforms.
Sec. 839. Comptroller General report on intellectual property
acquisition and licensing.
Subtitle D--Industrial Base Matters
Sec. 841. Additional requirements pertaining to printed circuit boards.
Sec. 842. Report on nonavailability determinations and quarterly
national technology and industrial base briefings.
Sec. 843. Modification of framework for modernizing acquisition
processes to ensure integrity of industrial base and
inclusion of optical transmission components.
Sec. 844. Expansion on the prohibition on acquiring certain metal
products.
Sec. 845. Miscellaneous limitations on the procurement of goods other
than United States goods.
Sec. 846. Improving implementation of policy pertaining to the national
technology and industrial base.
Sec. 847. Report and limitation on the availability of funds relating to
eliminating the gaps and vulnerabilities in the national
technology and industrial base.
Sec. 848. Supply of strategic and critical materials for the Department
of Defense.
Sec. 849. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 850. Implementation of recommendations for assessing and
strengthening the manufacturing and defense industrial base
and supply chain resiliency.
Sec. 851. Report on strategic and critical materials.
Sec. 852. Report on aluminum refining, processing, and manufacturing.
Subtitle E--Small Business Matters
Sec. 861. Initiatives to support small businesses in the national
technology and industrial base.
Sec. 862. Transfer of verification of small business concerns owned and
controlled by veterans or service-disabled veterans to the
Small Business Administration.
Sec. 863. Employment size standard requirements for small business
concerns.
Sec. 864. Maximum award price for sole source manufacturing contracts.
Sec. 865. Reporting requirement on expenditure amounts for the Small
Business Innovation Research Program and the Small Business
Technology Transfer Program.
Sec. 866. Small businesses in territories of the United States.
Sec. 867. Eligibility of the Commonwealth of the Northern Mariana
Islands for certain Small Business Administration programs.
Sec. 868. Past performance ratings of certain small business concerns.
Sec. 869. Extension of participation in 8(a) program.
Sec. 870. Compliance of Offices of Small Business and Disadvantaged
Business Utilization.
Sec. 871. Category management training.
Subtitle F--Other Matters
Sec. 881. Review of and report on overdue acquisition and cross-
servicing agreement transactions.
Sec. 882. Domestic comparative testing activities.
Sec. 883. Prohibition on awarding of contracts to contractors that
require nondisclosure agreements relating to waste, fraud, or
abuse.
Sec. 884. Program management improvement officers and program management
policy council.
Sec. 885. Disclosure of beneficial owners in database for Federal agency
contract and grant officers.
Sec. 886. Repeal of pilot program on payment of costs for denied
Government Accountability Office bid protests.
Sec. 887. Amendments to submissions to Congress relating to certain
foreign military sales.
Sec. 888. Revision to requirement to use firm fixed-price contracts for
foreign military sales.
Sec. 889. Assessment and enhancement of national security innovation
base.
Sec. 890. Identification of certain contracts relating to construction
or maintenance of a border wall.
Sec. 891. Waivers of certain conditions for progress payments under
certain contracts during the COVID-19 national emergency.
[[Page 134 STAT. 3400]]
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Repeal of position of Chief Management Officer of the
Department of Defense.
Sec. 902. Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict and related matters.
Sec. 903. Assistant Secretary of Defense for Industrial Base Policy.
Sec. 904. Assistant Secretary of Defense for Energy, Installations, and
Environment.
Sec. 905. Office of Local Defense Community Cooperation.
Sec. 906. Input from the Vice Chief of the National Guard Bureau to the
Joint Requirements Oversight Council.
Sec. 907. Assignment of responsibility for the Arctic region within the
Office of the Secretary of Defense.
Sec. 908. Modernization of process used by the Department of Defense to
identify, task, and manage Congressional reporting
requirements.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Reform of the Department of Defense.
Sec. 912. Limitation on reduction of civilian workforce.
Sec. 913. Chief Diversity Officer and Senior Advisors for Diversity and
Inclusion.
Sec. 914. Limitation on consolidation or transition to alternative
content delivery methods within the Defense Media Activity.
Subtitle C--Space Force Matters
Sec. 921. Office of the Chief of Space Operations.
Sec. 922. Clarification of Space Force and Chief of Space Operations
authorities.
Sec. 923. Amendments to Department of the Air Force provisions in title
10, United States Code.
Sec. 924. Amendments to other provisions of title 10, United States
Code.
Sec. 925. Amendments to provisions of law relating to pay and
allowances.
Sec. 926. Amendments to provisions of law relating to veterans'
benefits.
Sec. 927. Amendments to other provisions of the United States Code and
other laws.
Sec. 928. Applicability to other provisions of law.
Sec. 929. Temporary exemption from authorized daily average of members
in pay grades E-8 and E-9.
Sec. 930. Limitation on transfer of military installations to the
jurisdiction of the Space Force.
Sec. 931. Organization of the Space Force.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budget materials for special operations forces.
Sec. 1003. Application of Financial Improvement and Audit Remediation
Plan to fiscal years following fiscal year 2020.
Sec. 1004. Incentives for the achievement by the components of the
Department of Defense of unqualified audit opinions on the
financial statements.
Sec. 1005. Audit readiness and remediation.
Sec. 1006. Addition of Chief of the National Guard Bureau to the list of
officers providing reports of unfunded priorities.
Subtitle B--Counterdrug Activities
Sec. 1011. Quarterly reports on Department of Defense support provided
to other United States agencies for counterdrug activities
and activities to counter transnational organized crime.
Subtitle C--Naval Vessels
Sec. 1021. Limitation on availability of certain funds without naval
vessels plan and certification.
Sec. 1022. Limitations on use of funds in National Defense Sealift Fund
for purchase of foreign constructed vessels.
Sec. 1023. Use of National Sea-Based Deterrence Fund for incrementally
funded contracts to provide full funding for Columbia class
submarines.
Sec. 1024. Preference for United States vessels in transporting supplies
by sea.
Sec. 1025. Restrictions on overhaul, repair, etc. of naval vessels in
foreign shipyards.
[[Page 134 STAT. 3401]]
Sec. 1026. Biennial report on shipbuilder training and the defense
industrial base.
Sec. 1027. Modification of waiver authority on prohibition on use of
funds for retirement of certain legacy maritime mine
countermeasure platforms.
Sec. 1028. Extension of authority for reimbursement of expenses for
certain Navy mess operations afloat.
Sec. 1029. Working group on stabilization of Navy shipbuilding
industrial base workforce.
Sec. 1030. Limitation on naval force structure changes.
Subtitle D--Counterterrorism
Sec. 1041. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1042. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1043. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1044. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1051. Support of special operations to combat terrorism.
Sec. 1052. Expenditure of funds for Department of Defense clandestine
activities that support operational preparation of the
environment.
Sec. 1053. Sale or donation of excess Department of Defense personal
property for law enforcement activities.
Sec. 1054. Prohibition on retirement of nuclear powered aircraft
carriers before first refueling.
Sec. 1055. Reauthorization of National Oceanographic Partnership
Program.
Sec. 1056. Modification and technical correction to Department of
Defense authority to provide assistance along the southern
land border of the United States.
Sec. 1057. Limitation on use of funds for retirement of A-10 aircraft.
Sec. 1058. Considerations relating to permanently basing United States
equipment or additional forces in host countries with at-risk
vendors in 5G or 6G networks.
Sec. 1059. Public availability of Department of Defense legislative
proposals.
Sec. 1060. Arctic planning, research, and development.
Sec. 1061. Authority to establish a movement coordination center pacific
in the Indo-Pacific region.
Sec. 1062. Limitation on provision of funds to institutions of higher
education hosting Confucius Institutes.
Sec. 1063. Support for national maritime heritage grants program.
Sec. 1064. Requirements for use of Federal law enforcement personnel,
active duty members of the Armed Forces, and National Guard
personnel in support of Federal authorities to respond to
civil disturbances.
Subtitle F--Studies and Reports
Sec. 1071. FFRDC study of explosive ordnance disposal agencies.
Sec. 1072. Study on force structure for Marine Corps aviation.
Sec. 1073. Report on joint training range exercises for the Pacific
region.
Sec. 1074. Reports on threats to United States forces from small
unmanned aircraft systems worldwide.
Sec. 1075. Under Secretary of Defense (Comptroller) reports on improving
the budget justification and related materials of the
Department of Defense.
Sec. 1076. Quarterly briefings on Joint All Domain Command and Control
effort.
Sec. 1077. Report on civilian casualty resourcing and authorities.
Sec. 1078. Comptroller General Review of Department of Defense efforts
to prevent resale of goods manufactured by forced labor in
commissaries and exchanges.
Sec. 1079. Comptroller General report on Department of Defense processes
for responding to congressional reporting requirements.
Subtitle G--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Reporting of adverse events relating to consumer products on
military installations.
Sec. 1083. Modification to First Division monument.
Sec. 1084. Sense of Congress regarding reporting of civilian casualties
resulting from United States military operations.
[[Page 134 STAT. 3402]]
Sec. 1085. Deployment of real-time status of special use airspace.
Sec. 1086. Duties of Secretary under uniformed and overseas citizens
absentee voting act.
Sec. 1087. Mitigation of military helicopter noise.
Sec. 1088. Congressional expression of support for designation of
National Borinqueneers Day.
Sec. 1089. Ted Stevens Center for Arctic Security Studies.
Sec. 1090. Establishment of vetting procedures and monitoring
requirements for certain military training.
Sec. 1091. Personal protective equipment matters.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
Sec. 1101. Department of Defense policy on unclassified workspaces and
job functions of personnel with pending security clearances.
Sec. 1102. Enhancement of public-private talent exchange programs in the
Department of Defense.
Sec. 1103. Paid parental leave technical corrections.
Sec. 1104. Authority to provide travel and transportation allowances in
connection with transfer ceremonies of certain civilian
employees who die overseas.
Sec. 1105. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1106. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1107. Civilian faculty at the Defense Security Cooperation
University and Institute of Security Governance.
Sec. 1108. Temporary authority to appoint retired members of the Armed
Forces to positions in the Department of Defense.
Sec. 1109. Fire fighters alternative work schedule demonstration project
for the Navy Region Mid-Atlantic Fire and Emergency Services.
Sec. 1110. Special rules for certain monthly workers' compensation
payments and other payments for Federal Government personnel
under chief of mission authority.
Sec. 1111. Temporary increase in limitation on accumulation of annual
leave for Executive branch employees.
Sec. 1112. Telework travel expenses program of the United States Patent
and Trademark Office.
Sec. 1113. Extension of rate of overtime pay authority for Department of
the Navy employees performing work aboard or dockside in
support of the nuclear-powered aircraft carrier forward
deployed in Japan.
Sec. 1114. Enhanced pay authority for certain acquisition and technology
positions in the Department of Defense.
Sec. 1115. Enhanced pay authority for certain research and technology
positions in the science and technology reinvention
laboratories of the Department of Defense.
Sec. 1116. Extension of enhanced appointment and compensation authority
for civilian personnel for care and treatment of wounded and
injured members of the armed forces.
Sec. 1117. Expansion of direct hire authority for certain Department of
Defense personnel to include installation military housing
office positions supervising privatized military housing.
Sec. 1118. Extension of sunset of inapplicability of certification of
executive qualifications by qualification certification
review board of office of personnel management for initial
appointments to senior executive service positions in
department of defense.
Sec. 1119. Pilot program on enhanced pay authority for certain high-
level management positions in the Department of Defense.
Sec. 1120. Recruitment incentives for placement at remote locations.
Sec. 1121. Technical amendments regarding reimbursement of Federal,
State, and local income taxes incurred during travel,
transportation, and relocation.
Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act
of 2020
Sec. 1131. Short title.
Sec. 1132. Sense of Congress.
Sec. 1133. Notification of violation.
Sec. 1134. Reporting requirements.
Sec. 1135. Data to be posted by employing Federal agencies.
Sec. 1136. Data to be posted by the Equal Employment Opportunity
Commission.
[[Page 134 STAT. 3403]]
Sec. 1137. Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 amendments.
Sec. 1138. Nondisclosure agreement limitation.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Authority to build capacity for additional operations.
Sec. 1202. Participation in European program on multilateral exchange of
surface transportation services.
Sec. 1203. Participation in programs relating to coordination or
exchange of air refueling and air transportation services.
Sec. 1204. Reciprocal patient movement agreements.
Sec. 1205. Modification to the Inter-European Air Forces Academy.
Sec. 1206. Modification of authority for participation in multinational
centers of excellence.
Sec. 1207. Modification and extension of support of special operations
for irregular warfare.
Sec. 1208. Extension of authority to transfer excess high mobility
multipurpose wheeled vehicles to foreign countries.
Sec. 1209. Modification and extension of update of Department of Defense
Freedom of Navigation Report.
Sec. 1210. Extension and modification of authority to support border
security operations of certain foreign countries.
Sec. 1210A. Extension of Department of Defense support for stabilization
activities in national security interest of the United
States.
Sec. 1210B. Extension of report on workforce development.
Sec. 1210C. Plan to increase participation in international military
education and training programs.
Sec. 1210D. Mitigation and prevention of atrocities in high-risk
countries.
Sec. 1210E. Implementation of the Women, Peace, and Security Act of
2017.
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 of the Afghan Special Immigrant Visa Program.
Sec. 1213. Extension and modification of support for reconciliation
activities led by the Government of Afghanistan.
Sec. 1214. Extension and modification of Commanders' Emergency Response
Program.
Sec. 1215. Limitation on use of funds to reduce deployment to
Afghanistan.
Sec. 1216. Modifications to immunity from seizure under judicial process
of cultural objects.
Sec. 1217. Congressional oversight of United States talks with Taliban
officials and Afghanistan's comprehensive peace process.
Sec. 1218. Strategy for post-conflict engagement on human rights in
Afghanistan.
Sec. 1219. Modification to report on enhancing security and stability in
Afghanistan.
Sec. 1220. Report on Operation Freedom's Sentinel.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Extension and modification of authority to provide assistance
to counter the Islamic State of Iraq and Syria.
Sec. 1222. Extension and modification of authority to provide assistance
to vetted Syrian groups and individuals.
Sec. 1223. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Sec. 1224. Prohibition on provision of weapons and other forms of
support to certain organizations.
Sec. 1225. Report and budget details regarding Operation Spartan Shield.
Subtitle D--Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Matters relating to United States participation in the Open
Skies Treaty.
Sec. 1233. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1234. Annual report on military and security developments involving
the Russian Federation.
[[Page 134 STAT. 3404]]
Sec. 1235. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1236. Report on capability and capacity requirements of military
forces of Ukraine and resource plan for security assistance.
Sec. 1237. Report on Russian Federation support of racially and
ethnically motivated violent extremists.
Sec. 1238. Authorization of rewards for providing information on foreign
election interference.
Subtitle E--Matters Relating to Europe and NATO
Sec. 1241. Determination and imposition of sanctions with respect to
Turkey's acquisition of the S-400 air defense system.
Sec. 1242. Clarification and expansion of sanctions relating to
construction of Nord Stream 2 or TurkStream pipeline
projects.
Sec. 1243. Extension of authority for training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 1244. Sense of Congress on support for the North Atlantic Treaty
Organization.
Sec. 1245. Limitation on United States force structure reductions in
Germany.
Sec. 1246. Report on United States military force posture in
Southeastern Europe.
Sec. 1247. Sense of Congress on support for coordinated action to ensure
the security of Baltic allies.
Sec. 1248. Sense of Congress on the role of the Kosovo Force of the
North Atlantic Treaty Organization.
Subtitle F--Matters Relating to the Indo-Pacific Region
Sec. 1251. Pacific Deterrence Initiative.
Sec. 1252. Extension and modification of prohibition on commercial
export of certain covered munitions items to the Hong Kong
Police Force.
Sec. 1253. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1254. Cooperative program with Vietnam to account for Vietnamese
personnel missing in action.
Sec. 1255. Sense of Congress on the United States-Vietnam defense
relationship.
Sec. 1256. Pilot program to improve cyber cooperation with Vietnam,
Thailand, and Indonesia.
Sec. 1257. Report on the costs most directly associated with the
stationing of the Armed Forces in Japan.
Sec. 1258. Limitation on use of funds to reduce the total number of
members of the Armed Forces serving on active duty who are
deployed to South Korea.
Sec. 1259. Implementation of GAO recommendations on preparedness of
United States forces to counter North Korean chemical and
biological weapons.
Sec. 1260. Statement of policy and sense of Congress on the Taiwan
Relations Act.
Sec. 1260A. Annual briefing on Taiwan arms sales.
Sec. 1260B. Report on United States-Taiwan medical security partnership.
Sec. 1260C. Establishment of capabilities to assess the defense
technological and industrial bases of China and other foreign
adversaries.
Sec. 1260D. Extension of annual report on military and security
developments involving the People's Republic of China.
Sec. 1260E. Sense of Congress on the aggression of the Government of
China along the border with India and its growing territorial
claims.
Sec. 1260F. Assessment of National Cyber Strategy to deter China from
engaging in industrial espionage and cyber theft.
Sec. 1260G. Report on United Front Work Department.
Sec. 1260H. Public reporting of Chinese military companies operating in
the United States.
Sec. 1260I. Report on directed use of fishing fleets.
Subtitle G--Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020
Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Statement of policy.
Sec. 1264. Support for democratic governance, rule of law, human rights,
and fundamental freedoms.
Sec. 1265. Support for development programs.
Sec. 1266. Support for conflict mitigation.
Sec. 1267. Support for accountability for war crimes, crimes against
humanity, and genocide in Sudan.
Sec. 1268. Suspension of assistance.
Sec. 1269. Multilateral assistance.
Sec. 1270. Coordinated support to recover assets stolen from the
Sudanese people.
Sec. 1270A. Limitation on assistance to the Sudanese security and
intelligence services.
[[Page 134 STAT. 3405]]
Sec. 1270B. Reports.
Sec. 1270C. United States strategy for support to a civilian-led
government in Sudan.
Sec. 1270D. Amendments to the Darfur Peace and Accountability Act of
2006.
Sec. 1270E. Repeal of Sudan Peace Act and the Comprehensive Peace in
Sudan Act.
Subtitle H--United States Israel Security Assistance Authorization Act
of 2020
Sec. 1271. Short title.
Sec. 1272. Sense of Congress on United States-Israel relationship.
Sec. 1273. Security assistance for Israel.
Sec. 1274. Extension of war reserves stockpile authority.
Sec. 1275. Rules governing the transfer of precision-guided munitions to
Israel above the annual restriction.
Sec. 1276. Eligibility of Israel for the strategic trade authorization
exception to certain export control licensing requirements.
Sec. 1277. United States Agency for International Development memoranda
of understanding to enhance cooperation with Israel.
Sec. 1278. Cooperative projects among the United States, Israel, and
developing countries.
Sec. 1279. Joint cooperative program related to innovation and high-tech
for the Middle East region.
Sec. 1280. Cooperation on directed energy capabilities.
Sec. 1280A. Other matters of cooperation.
Sec. 1280B. Appropriate congressional committees defined.
Subtitle I--Global Child Thrive Act of 2020
Sec. 1281. Short title.
Sec. 1282. Sense of Congress.
Sec. 1283. Assistance to improve early childhood outcomes globally.
Sec. 1284. Special advisor for assistance to orphans and vulnerable
children.
Sec. 1285. Rule of construction.
Subtitle J--Matters Relating to Africa and the Middle East
Sec. 1291. Briefing and report relating to reduction in the total number
of United States Armed Forces deployed to United States
Africa Command area of responsibility.
Sec. 1292. Notification with respect to withdrawal of members of the
Armed Forces participating in the Multinational Force and
Observers in Egypt.
Sec. 1293. Report on enhancing security partnerships between the United
States and African countries.
Sec. 1294. Plan to address gross violations of human rights and civilian
harm in Burkina Faso, Chad, Mali, and Niger.
Sec. 1295. Statement of policy and report relating to the conflict in
Yemen.
Sec. 1296. Report on United States military support of the Saudi-led
coalition in Yemen.
Sec. 1297. Sense of Congress on payment of amounts owed by Kuwait to
United States medical institutions.
Subtitle K--Other Matters
Sec. 1299A. Provision of goods and services at Kwajalein Atoll, Republic
of the Marshall Islands.
Sec. 1299B. Report on contributions received from designated countries.
Sec. 1299C. Modification to initiative to support protection of national
security academic researchers from undue influence and other
security threats.
Sec. 1299D. Extension of authorization of non-conventional assisted
recovery capabilities.
Sec. 1299E. Annual briefings on certain foreign military bases of
adversaries.
Sec. 1299F. Countering white identity terrorism globally.
Sec. 1299G. Report on progress of the Department of Defense with respect
to denying the strategic goals of a competitor against a
covered defense partner.
Sec. 1299H. Comparative studies on defense budget transparency of the
People's Republic of China, the Russian Federation, and the
United States.
Sec. 1299I. Assessment of weapons of mass destruction terrorism.
Sec. 1299J. Review of Department of Defense compliance with ``Principles
Related to the Protection of Medical Care Provided by
Impartial Humanitarian Organizations During Armed
Conflicts''.
Sec. 1299K. Certification relating to assistance for Guatemala.
Sec. 1299L. Functional Center for Security Studies in Irregular Warfare.
Sec. 1299M. United States-Israel operations-technology cooperation
within the United States-Israel Defense Acquisition Advisory
Group.
[[Page 134 STAT. 3406]]
Sec. 1299N. Payment of passport fees for certain individuals.
Sec. 1299O. Resumption of Peace Corps operations.
Sec. 1299P. Establishment of the Open Technology Fund.
Sec. 1299Q. United States Agency for Global Media.
Sec. 1299R. Leveraging information on foreign traffickers.
Sec. 1299S. Rule of construction relating to use of military force.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations; specification of cooperative threat
reduction funds.
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. Expansion of eligibility for residence at the Armed Forces
Retirement Home.
Sec. 1413. Periodic inspections of Armed Forces Retirement Home
facilities by nationally recognized accrediting organization.
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. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.
Subtitle C--Other Matters
Sec. 1521. Afghanistan Security Forces Fund.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Space Development Agency development requirements and
transfer to Space Force.
Sec. 1602. Personnel management authority for Space Development Agency
for experts in science and engineering.
Sec. 1603. Requirement to buy certain satellite component from national
technology and industrial base.
Sec. 1604. Conforming amendments relating to reestablishment of Space
Command.
Sec. 1605. Clarification of authority for procurement of commercial
satellite communications services.
Sec. 1606. National Security Space Launch program.
Sec. 1607. Commercial space domain awareness capabilities.
Sec. 1608. Policy to ensure launch of small-class payloads.
[[Page 134 STAT. 3407]]
Sec. 1609. Tactically responsive space launch operations.
Sec. 1610. Limitation on availability of funds for prototype program for
multi-global navigation satellite system receiver
development.
Sec. 1611. Resilient and survivable positioning, navigation, and timing
capabilities.
Sec. 1612. Leveraging commercial satellite remote sensing.
Sec. 1613. Strategy to strengthen civil and national security
capabilities and operations in space.
Sec. 1614. Report and strategy on space competition with China.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Safety of navigation mission of the National Geospatial-
Intelligence Agency.
Sec. 1622. National Academies Climate Security Roundtable.
Sec. 1623. Efficient use of sensitive compartmented information
facilities.
Subtitle C--Nuclear Forces
Sec. 1631. Semiannual updates on meetings held by Nuclear Weapons
Council; limitation on availability of funds relating to such
updates.
Sec. 1632. Role of Nuclear Weapons Council with respect to performance
requirements and budget for nuclear weapons programs.
Sec. 1633. Modification of Government Accountability Office review of
annual reports on nuclear weapons enterprise.
Sec. 1634. Independent study on nuclear weapons programs of certain
foreign countries.
Sec. 1635. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Subtitle D--Missile Defense Programs
Sec. 1641. Alignment of the Missile Defense Agency within the Department
of Defense.
Sec. 1642. Extension of prohibition relating to missile defense
information and systems.
Sec. 1643. Extension of transition of ballistic missile defense programs
to military departments.
Sec. 1644. Extension of requirement for Comptroller General review and
assessment of missile defense acquisition programs.
Sec. 1645. Development of hypersonic and ballistic missile tracking
space sensor payload.
Sec. 1646. Ground-based midcourse defense interim capability.
Sec. 1647. Next generation interceptors.
Sec. 1648. Report on and limitation on availability of funds for layered
homeland missile defense system.
Sec. 1649. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1650. Report on defense of Guam from integrated air and missile
threats.
Sec. 1651. Reports on cruise missile defense and North Warning System.
Subtitle E--Matters Relating to Certain Commercial Terrestrial
Operations
Sec. 1661. Prohibition on availability of funds for certain purposes
relating to the Global Positioning System.
Sec. 1662. Limitation on awarding contracts to entities operating
commercial terrestrial communication networks that cause
harmful interference with the Global Positioning System.
Sec. 1663. Independent technical review of Federal Communications
Commission Order 20-48.
Sec. 1664. Estimate of damages from Federal Communications Commission
Order 20-48.
Subtitle F--Other Matters
Sec. 1671. Conventional prompt strike.
Sec. 1672. Limitation on availability of funds relating to reports on
missile systems and arms control treaties.
Sec. 1673. Submission of reports under Missile Defense Review and
Nuclear Posture Review.
TITLE XVII--CYBERSPACE-RELATED MATTERS
Sec. 1701. Modification of mission of Cyber Command and assignment of
cyber operations forces.
Sec. 1702. Modification of scope of notification requirements for
sensitive military cyber operations.
[[Page 134 STAT. 3408]]
Sec. 1703. Modification of requirements for quarterly Department of
Defense cyber operations briefings for Congress.
Sec. 1704. Clarification relating to protection from liability of
operationally critical contractors.
Sec. 1705. Strengthening Federal networks; CISA cybersecurity support to
agencies.
Sec. 1706. Improvements relating to the quadrennial cyber posture
review.
Sec. 1707. Modification of authority to use operation and maintenance
funds for cyber operations-peculiar capability development
projects.
Sec. 1708. Personnel management authority for Commander of United States
Cyber Command and development program for offensive cyber
operations.
Sec. 1709. Applicability of reorientation of Big Data Platform program
to Department of Navy.
Sec. 1710. Report on Cyber Institutes program.
Sec. 1711. Modification of acquisition authority of Commander of United
States Cyber Command.
Sec. 1712. Modification of requirements relating to the Strategic
Cybersecurity Program and the evaluation of cyber
vulnerabilities of major weapon systems of the Department of
Defense.
Sec. 1713. Modification of position of Principal Cyber Advisor.
Sec. 1714. Cyberspace Solarium Commission.
Sec. 1715. Establishment in Department of Homeland Security of joint
cyber planning office.
Sec. 1716. Subpoena authority.
Sec. 1717. Cybersecurity State Coordinator.
Sec. 1718. Cybersecurity Advisory Committee.
Sec. 1719. Cybersecurity education and training assistance program.
Sec. 1720. Framework for cyber hunt forward operations.
Sec. 1721. Rationalization and integration of parallel cybersecurity
architectures and operations.
Sec. 1722. Assessing risk to national security of quantum computing.
Sec. 1723. Tailored cyberspace operations organizations.
Sec. 1724. Responsibility for cybersecurity and critical infrastructure
protection of the defense industrial base.
Sec. 1725. Pilot program on remote provision by National Guard to
National Guards of other States of cybersecurity technical
assistance in training, preparation, and response to cyber
incidents.
Sec. 1726. Department of Defense cyber workforce efforts.
Sec. 1727. Reporting requirements for cross domain incidents and
exemptions to policies for information technology.
Sec. 1728. Assessing private-public collaboration in cybersecurity.
Sec. 1729. Cyber capabilities and interoperability of the National
Guard.
Sec. 1730. Evaluation of non-traditional cyber support to the Department
of Defense.
Sec. 1731. Integrated cybersecurity center plan.
Sec. 1732. Assessment of cyber operational planning and deconfliction
policies and processes.
Sec. 1733. Pilot program on cybersecurity capability metrics.
Sec. 1734. Assessment of effect of inconsistent timing and use of
Network Address Translation in Department of Defense
networks.
Sec. 1735. Integration of Department of Defense user activity monitoring
and cybersecurity.
Sec. 1736. Defense industrial base cybersecurity sensor architecture
plan.
Sec. 1737. Assessment on defense industrial base participation in a
threat information sharing program.
Sec. 1738. Assistance for small manufacturers in the defense industrial
supply chain on matters relating to cybersecurity.
Sec. 1739. Assessment on defense industrial base cybersecurity threat
hunting program.
Sec. 1740. Defense Digital Service.
Sec. 1741. Matters concerning the College of Information and Cyberspace
and limitation of funding for National Defense University.
Sec. 1742. Department of Defense cyber hygiene and Cybersecurity
Maturity Model Certification framework.
Sec. 1743. Extension of sunset for pilot program on regional
cybersecurity training center for the Army National Guard.
Sec. 1744. National cyber exercises.
Sec. 1745. Cybersecurity and Infrastructure Security Agency review.
Sec. 1746. Report on enabling United States Cyber Command resource
allocation.
Sec. 1747. Ensuring cyber resiliency of nuclear command and control
system.
Sec. 1748. Requirements for review of and limitations on the Joint
Regional Security Stacks activity.
[[Page 134 STAT. 3409]]
Sec. 1749. Implementation of information operations matters.
Sec. 1750. Report on use of encryption by Department of Defense national
security systems.
Sec. 1751. Guidance and direction on use of direct hiring processes for
artificial intelligence professionals and other data science
and software development personnel.
Sec. 1752. National Cyber Director.
TITLE XVIII--TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES
Sec. 1801. Transfer and reorganization of defense acquisition statutes.
Subtitle A--Definitions
Sec. 1806. Definitions.
Sec. 1807. General matters.
Sec. 1808. Defense acquisition system.
Sec. 1809. Budgeting and appropriations.
Sec. 1810. Operational contract support.
Subtitle B--Acquisition Planning
Sec. 1811. Planning and solicitation generally.
Sec. 1812. Independent cost estimation and cost analysis.
Sec. 1813. Other provisions relating to planning and solicitation
generally.
Subtitle C--Contracting Methods and Contract Types
Sec. 1816. Awarding of contracts.
Sec. 1817. Specific types of contracts.
Sec. 1818. Other matters relating to awarding of contracts.
Sec. 1819. Undefinitized contractual actions.
Sec. 1820. Task and delivery order contracts.
Sec. 1821. Acquisition of commercial products and commercial services.
Sec. 1822. Multiyear contracts.
Sec. 1823. Simplified acquisition procedures.
Sec. 1824. Rapid acquisition procedures.
Sec. 1825. Contracts for long-term lease or charter of vessels,
aircraft, and combat vehicles.
Subtitle D--General Contracting Provisions
Sec. 1831. Cost or pricing data.
Sec. 1832. Allowable costs.
Sec. 1833. Proprietary contractor data and rights in technical data.
Sec. 1834. Contract financing.
Sec. 1835. Contractor audits and accounting.
Sec. 1836. Claims and disputes.
Sec. 1837. Foreign acquisitions.
Sec. 1838. Socioeconomic programs.
Subtitle E--Research and Engineering
Sec. 1841. Research and engineering generally.
Sec. 1842. Innovation.
Sec. 1843. Department of Defense laboratories.
Sec. 1844. Research and development centers and facilities.
Sec. 1845. Test and evaluation.
Subtitle F--Major Systems, Major Defense Acquisition Programs, and
Weapon Systems Development
Sec. 1846. General matters.
Sec. 1847. Major systems and major defense acquisition programs
generally.
Sec. 1848. Life-cycle and sustainment.
Sec. 1849. Program status-selected acquisition reports.
Sec. 1850. Cost growth--unit cost reports (Nunn-McCurdy).
Sec. 1851. Weapon systems development and related matters.
Subtitle G--Other Special Categories of Contracting
Sec. 1856. Acquisition of services generally.
Sec. 1857. Acquisition of information technology.
Subtitle H--Contract Management
Sec. 1861. Contract administration.
[[Page 134 STAT. 3410]]
Sec. 1862. Prohibitions and penalties.
Sec. 1863. Contractor workforce.
Sec. 1864. Other administrative matters.
Subtitle I--Defense Industrial Base
Sec. 1866. Defense industrial base generally.
Sec. 1867. Policies and planning.
Sec. 1868. Development, application, and support of dual-use
technologies.
Sec. 1869. Manufacturing technology.
Sec. 1870. Other technology base policies and programs.
Sec. 1871. Small business programs.
Sec. 1872. Procurement technical assistance cooperative agreement
program.
Sec. 1873. Loan guarantee programs.
Subtitle J--Other Matters
Sec. 1876. Recodification of certain title 10 provisions relating to
contract financing for certain Navy contracts.
Sec. 1877. Recodification of title 10 statute on cadre of personnel who
are intellectual property experts.
Sec. 1878. Transfer of title 10 section relating to notification of Navy
procurement production disruptions.
Sec. 1879. Transfer of title 10 section relating to energy security.
Sec. 1880. Part IV heading.
Sec. 1881. Repeal of chapters 137, 139, 144, and 148.
Sec. 1882. Revision of chapter 141.
Sec. 1883. References.
Sec. 1884. Savings provisions.
Sec. 1885. Rule of construction.
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. Limitation on military construction project at Kwajalein
Atoll.
Sec. 2105. 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 and improvements to military family housing
units.
Sec. 2203. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing and improvements to military family housing
units.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Modification of authority to carry out certain fiscal year
2018 project.
Sec. 2305. Modification of authority to carry out certain fiscal year
2019 projects.
Sec. 2306. Modification of authority to carry out certain fiscal year
2020 projects.
Sec. 2307. Technical corrections related to authority to carry out
certain fiscal year 2020 family housing projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Independent study on Western Emergency Refined Fuel Reserves.
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.
[[Page 134 STAT. 3411]]
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 GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
Sec. 2801. Modification and clarification of construction authority in
the event of a declaration of war or national emergency.
Sec. 2802. Extension of sunset for annual locality adjustment of dollar
thresholds applicable to unspecified minor military
construction authorities.
Sec. 2803. Modification of reporting requirements regarding certain
military construction projects and military family housing
projects, contracts, and agreements.
Sec. 2804. Consideration of energy security and energy resilience in
life-cycle cost for military construction.
Sec. 2805. Congressional project authorization required for military
construction projects for energy resilience, energy security,
and energy conservation.
Sec. 2806. One-year extension of temporary, limited authority to use
operation and maintenance funds for construction projects in
certain areas outside the United States.
Sec. 2807. Responsibility of Navy for military construction requirements
for certain Fleet Readiness Centers.
Subtitle B--Military Family Housing Reforms
Sec. 2811. Modifications and technical corrections related to military
housing privatization reform.
Sec. 2812. Repeal of authority to lease substandard family housing units
to members of the uniformed services.
Sec. 2813. Expenditure priorities in using Department of Defense Family
Housing Improvement Fund.
Sec. 2814. Availability of information regarding assessment of
performance metrics for contracts for provision or management
of privatized military housing.
Sec. 2815. Requirement that Secretary of Defense implement
recommendations relating to military family housing contained
in report by Inspector General of Department of Defense.
Sec. 2816. Promulgation of guidance to facilitate return of military
families displaced from privatized military housing.
Sec. 2817. Promulgation of guidance on relocation of residents of
military housing impacted by presence of mold.
Sec. 2818. Expansion of uniform code of basic standards for privatized
military housing and hazard and habitability inspection and
assessment requirements to Government-owned and Government-
controlled military family housing.
[[Page 134 STAT. 3412]]
Subtitle C--Real Property and Facilities Administration
Sec. 2821. Acceptance of property by military service academies,
professional military education schools, and military museums
subject to naming-rights condition.
Sec. 2822. Codification of reporting requirements regarding United
States overseas military enduring locations and contingency
locations.
Sec. 2823. Promotion of energy resilience and energy security in
privatized utility systems.
Sec. 2824. Vesting exercise of discretion with Secretaries of the
military departments regarding entering into longer-term
contracts for utility services.
Sec. 2825. Use of on-site energy production to promote military
installation energy resilience and energy security.
Sec. 2826. Improved electrical metering of Department of Defense
infrastructure supporting critical missions.
Sec. 2827. Improving water management and security on military
installations.
Sec. 2828. Prohibition relating to closure or return to host nation of
existing military installations, infrastructure, or real
property in Europe.
Subtitle D--Land Conveyances
Sec. 2831. Land conveyance, Camp Navajo, Arizona.
Sec. 2832. Modification of land exchange involving Naval Industrial
Reserve Ordnance Plant, Sunnyvale, California.
Sec. 2833. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 2834. Land exchange, San Bernardino County, California.
Sec. 2835. Land conveyance, Over-the-Horizon Backscatter Radar System
receiving station, Modoc County, California.
Sec. 2836. Transfer of administrative jurisdiction, Naval Support
Activity Panama City, Florida, parcel.
Sec. 2837. Lease extension, Bryan Multi-Sports Complex, Wayne County,
North Carolina.
Sec. 2838. Land conveyances, Milan Army Ammunition Plant, Tennessee.
Subtitle E--Military Land Withdrawals
Sec. 2841. Renewal of land withdrawal and reservation to benefit Naval
Air Facility, El Centro, California.
Sec. 2842. Renewal of Fallon Range Training Complex land withdrawal and
reservation.
Sec. 2843. Renewal of Nevada Test and Training Range land withdrawal and
reservation.
Sec. 2844. Establishment of interagency committees on joint use of
certain land withdrawn from appropriation under public land
laws.
Subtitle F--Asia-Pacific and Indo-Pacific Issues
Sec. 2851. Change to biennial reporting requirement for Interagency
Coordination Group of Inspectors General for Guam
Realignment.
Sec. 2852. Additional exception to restriction on development of public
infrastructure in connection with realignment of Marine Corps
forces in Asia-Pacific region.
Sec. 2853. Development of master plan for infrastructure to support
rotational Armed Forces in Australia.
Sec. 2854. Bulk fuel management in United States Indo-Pacific Command
Area of Responsibility.
Subtitle G--Authorized Pilot Programs
Sec. 2861. Pilot program to authorize use of cost savings realized from
intergovernmental services agreements for installation-
support services.
Sec. 2862. Department of Defense pilot program to evaluate expansion of
land exchange authority.
Sec. 2863. Pilot program to support combatant command military
construction priorities.
Sec. 2864. Pilot program to test use of emergency diesel generators in a
microgrid configuration at certain military installations.
Sec. 2865. Pilot program to authorize additional military construction
projects for child development centers at military
installations.
Sec. 2866. Department of the Army pilot program for development and use
of online real estate inventory tool.
Subtitle H--Miscellaneous Studies and Reports
Sec. 2871. Reports regarding decision-making process used to locate or
relocate major headquarters and certain military units and
weapon systems.
[[Page 134 STAT. 3413]]
Sec. 2872. Report on effect of noise restrictions on military
installations and operations and development and
implementation of noise mitigation measures.
Sec. 2873. Study and report regarding continued need for protected
aircraft shelters in Europe and status of United States air
base resiliency in Europe.
Subtitle I--Other Matters
Sec. 2881. Military construction infrastructure and weapon system
synchronization for Ground Based Strategic Deterrent.
Sec. 2882. Defense Community Infrastructure Program.
Sec. 2883. Consideration of certain military family readiness issues in
making basing decisions associated with certain military
units and major headquarters.
Sec. 2884. Department of Defense policy for regulation in military
communities of dangerous dogs kept as pets.
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.
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--Nuclear Weapons Stockpile Matters
Sec. 3111. W93 nuclear warhead acquisition process.
Sec. 3112. Earned value management and technology readiness levels for
life extension programs.
Sec. 3113. Monitoring of industrial base for nuclear weapons components,
subsystems, and materials.
Sec. 3114. Plutonium pit production.
Subtitle C--Defense Environmental Cleanup Matters
Sec. 3121. Public statement of environmental liabilities for facilities
undergoing defense environmental cleanup.
Sec. 3122. Inclusion of missed milestones in future-years defense
environmental cleanup plan.
Sec. 3123. Classification of defense environmental cleanup as capital
asset projects or operations activities.
Sec. 3124. Extension of limitation relating to reclassification of high-
level waste.
Sec. 3125. Continued analysis of approaches for supplemental treatment
of low-activity waste at Hanford Nuclear Reservation.
Subtitle D--Safeguards and Security Matters
Sec. 3131. Reporting on penetrations of networks of contractors and
subcontractors.
Subtitle E--Personnel Matters
Sec. 3141. Extension of authority for appointment of certain scientific,
engineering, and technical personnel.
Sec. 3142. Inclusion of certain employees and contractors of Department
of Energy in definition of public safety officer for purposes
of certain death benefits.
Sec. 3143. Reimbursement for liability insurance for nuclear materials
couriers.
Sec. 3144. Transportation and moving expenses for immediate family of
deceased nuclear materials couriers.
Sec. 3145. Permanent extension of Office of Ombudsman for Energy
Employees Occupational Illness Compensation Program.
Sec. 3146. Reports on diversity of certain contractor employees of
National Nuclear Security Administration.
Sec. 3147. Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing.
[[Page 134 STAT. 3414]]
Subtitle F--Budget and Financial Management Matters
Sec. 3151. Reports on financial balances for atomic energy defense
activities.
Subtitle G--Administrative Matters
Sec. 3161. Modifications to enhanced procurement authority to manage
supply chain risk.
Sec. 3162. Extension of pilot program on unavailability for overhead
costs of amounts specified for laboratory-directed research
and development.
Subtitle H--Other Matters
Sec. 3171. Independent study on potential environmental effects of
nuclear war.
Sec. 3172. Review of future of computing beyond exascale at the National
Nuclear Security Administration.
Sec. 3173. Sense of Congress on the Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear
Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Improvements to process for waiving navigation and vessel-
inspection laws and approving foreign vessel charters for
passenger vessels.
Sec. 3503. Superintendent of the United States Merchant Marine Academy.
Sec. 3504. Assistance for inland and small coastal ports and terminals.
Sec. 3505. Maritime transportation system emergency relief program.
Sec. 3506. Sea year cadets on cable security fleet and tanker security
fleet vessels.
Sec. 3507. Centers of excellence for domestic maritime workforce
training and education: technical amendments.
Sec. 3508. Merchant mariner training and education.
Sec. 3509. Publication of information about students and recent
graduates of Maritime Academies.
Sec. 3510. Mariner licensing and credentialing for M/V LISERON.
Subtitle B--Tanker Security Fleet
Sec. 3511. Tanker Security Fleet.
Subtitle C--Other Matters
Sec. 3521. Maritime security and domain awareness.
Sec. 3522. Sense of Congress regarding role of domestic maritime
industry in national security.
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.
[[Page 134 STAT. 3415]]
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--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020
Sec. 5001. Short title.
Sec. 5002. Definitions.
TITLE LI--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE
Sec. 5101. National Artificial Intelligence Initiative.
Sec. 5102. National Artificial Intelligence Initiative Office.
Sec. 5103. Coordination by Interagency Committee.
Sec. 5104. National Artificial Intelligence Advisory Committee.
Sec. 5105. National Academies artificial intelligence impact study on
workforce.
Sec. 5106. National AI Research Resource Task Force.
TITLE LII--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES
Sec. 5201. National Artificial Intelligence Research Institutes.
TITLE LIII--DEPARTMENT OF COMMERCE ARTIFICIAL INTELLIGENCE ACTIVITIES
Sec. 5301. National institute of standards and technology activities.
Sec. 5302. Stakeholder outreach.
Sec. 5303. National oceanic and atmospheric administration artificial
intelligence center.
TITLE LIV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE
ACTIVITIES
Sec. 5401. Artificial intelligence research and education.
TITLE LV--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM
Sec. 5501. Department of energy artificial intelligence research
program.
DIVISION F--ANTI-MONEY LAUNDERING
Sec. 6001. Short title.
Sec. 6002. Purposes.
Sec. 6003. Definitions.
TITLE LXI--STRENGTHENING TREASURY FINANCIAL INTELLIGENCE, ANTI-MONEY
LAUNDERING, AND COUNTERING THE FINANCING OF TERRORISM PROGRAMS
Sec. 6101. Establishment of national exam and supervision priorities.
Sec. 6102. Strengthening FinCEN.
Sec. 6103. FinCEN Exchange.
Sec. 6104. Interagency anti-money laundering and countering the
financing of terrorism personnel rotation program.
Sec. 6105. Terrorism and financial intelligence special hiring
authority.
Sec. 6106. Treasury Attache program.
Sec. 6107. Establishment of FinCEN Domestic Liaisons.
Sec. 6108. Foreign Financial Intelligence Unit Liaisons.
Sec. 6109. Protection of information exchanged with foreign law
enforcement and financial intelligence units.
Sec. 6110. Bank Secrecy Act application to dealers in antiquities and
assessment of Bank Secrecy Act application to dealers in
arts.
Sec. 6111. Increasing technical assistance for international
cooperation.
Sec. 6112. International coordination.
TITLE LXII--MODERNIZING THE ANTI-MONEY LAUNDERING AND COUNTERING THE
FINANCING OF TERRORISM SYSTEM
Sec. 6201. Annual reporting requirements.
[[Page 134 STAT. 3416]]
Sec. 6202. Additional considerations for suspicious activity reporting
requirements.
Sec. 6203. Law enforcement feedback on suspicious activity reports.
Sec. 6204. Streamlining requirements for currency transaction reports
and suspicious activity reports.
Sec. 6205. Currency transaction reports and suspicious activity reports
thresholds review.
Sec. 6206. Sharing of threat pattern and trend information.
Sec. 6207. Subcommittee on Innovation and Technology.
Sec. 6208. Establishment of Bank Secrecy Act Innovation Officers.
Sec. 6209. Testing methods rulemaking.
Sec. 6210. Financial technology assessment.
Sec. 6211. Financial crimes tech symposium.
Sec. 6212. Pilot program on sharing of information related to suspicious
activity reports within a financial group.
Sec. 6213. Sharing of compliance resources.
Sec. 6214. Encouraging information sharing and public-private
partnerships.
Sec. 6215. Financial services de-risking.
Sec. 6216. Review of regulations and guidance.
TITLE LXIII--IMPROVING ANTI-MONEY LAUNDERING AND COUNTERING THE
FINANCING OF TERRORISM COMMUNICATION, OVERSIGHT, AND PROCESSES
Sec. 6301. Improved interagency coordination and consultation.
Sec. 6302. Subcommittee on Information Security and Confidentiality.
Sec. 6303. Establishment of Bank Secrecy Act Information Security
Officers.
Sec. 6304. FinCEN analytical hub.
Sec. 6305. Assessment of Bank Secrecy Act no-action letters.
Sec. 6306. Cooperation with law enforcement.
Sec. 6307. Training for examiners on anti-money laundering and
countering the financing of terrorism.
Sec. 6308. Obtaining foreign bank records from banks with United States
correspondent accounts.
Sec. 6309. Additional damages for repeat Bank Secrecy Act violators.
Sec. 6310. Certain violators barred from serving on boards of United
States financial institutions.
Sec. 6311. Department of Justice report on deferred and non-prosecution
agreements.
Sec. 6312. Return of profits and bonuses.
Sec. 6313. Prohibition on concealment of the source of assets in
monetary transactions.
Sec. 6314. Updating whistleblower incentives and protection.
TITLE LXIV--ESTABLISHING BENEFICIAL OWNERSHIP INFORMATION REPORTING
REQUIREMENTS
Sec. 6401. Short title.
Sec. 6402. Sense of Congress.
Sec. 6403. Beneficial ownership information reporting requirements.
TITLE LXV--MISCELLANEOUS
Sec. 6501. Investigations and prosecution of offenses for violations of
the securities laws.
Sec. 6502. GAO and Treasury studies on beneficial ownership information
reporting requirements.
Sec. 6503. GAO study on feedback loops.
Sec. 6504. GAO CTR study and report.
Sec. 6505. GAO studies on trafficking.
Sec. 6506. Treasury study and strategy on trade-based money laundering.
Sec. 6507. Treasury study and strategy on money laundering by the
People's Republic of China.
Sec. 6508. Treasury and Justice study on the efforts of authoritarian
regimes to exploit the financial system of the United States.
Sec. 6509. Authorization of appropriations.
Sec. 6510. Discretionary surplus funds.
Sec. 6511. Severability.
DIVISION G--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020
Sec. 8001. Short title.
Sec. 8002. Definition of Commandant.
TITLE LVXXXI--AUTHORIZATIONS
Sec. 8101. Authorizations of appropriations.
[[Page 134 STAT. 3417]]
Sec. 8102. Authorized levels of military strength and training.
Sec. 8103. Determination of budgetary effects.
Sec. 8104. Availability of amounts for acquisition of additional
National Security Cutter.
Sec. 8105. Procurement authority for Polar Security Cutters.
Sec. 8106. Sense of the Congress on need for new Great Lakes icebreaker.
Sec. 8107. Procurement authority for Great Lakes icebreaker.
Sec. 8108. Polar Security Cutter acquisition report.
Sec. 8109. Shoreside infrastructure.
Sec. 8110. Major acquisition systems infrastructure.
Sec. 8111. Polar icebreakers.
Sec. 8112. Acquisition of fast response cutter.
TITLE LVXXXII--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 8201. Grade on retirement.
Sec. 8202. Authority for officers to opt out of promotion board
consideration.
Sec. 8203. Temporary promotion authority for officers in certain grades
with critical skills.
Sec. 8204. Career intermission program.
Sec. 8205. Direct commissioning authority for individuals with critical
skills.
Sec. 8206. Employment assistance.
Subtitle B--Organization and Management Matters
Sec. 8211. Congressional affairs; Director.
Sec. 8212. Limitations on claims.
Sec. 8213. Renewal of temporary early retirement authority.
Sec. 8214. Major acquisitions; operation and sustainment costs.
Sec. 8215. Support of women serving in the Coast Guard.
Sec. 8216. Disposition of infrastructure related to E-LORAN.
Sec. 8217. Positions of importance and responsibility.
Sec. 8218. Research projects; transactions other than contracts and
grants.
Sec. 8219. Acquisition workforce authorities.
Sec. 8220. Vessel conversion, alteration, and repair projects.
Sec. 8221. Modification of acquisition process and procedures.
Sec. 8222. Establishment and purpose of Fund; definition.
Sec. 8223. Payments from Fund.
Sec. 8224. Determination of contributions to Fund.
Sec. 8225. Payments into Fund.
Subtitle C--Access to Child Care for Coast Guard Families
Sec. 8231. Report on child care and school-age care assistance for
qualified families.
Sec. 8232. Review of family support services website and online tracking
system.
Sec. 8233. Study and survey on Coast Guard child care needs.
Sec. 8234. Pilot program to expand access to child care.
Sec. 8235. Improvements to Coast Guard-owned family housing.
Sec. 8236. Briefing on transfer of family child care provider
qualifications and certifications.
Sec. 8237. Inspections of Coast Guard child development centers and
family child care providers.
Sec. 8238. Expanding opportunities for family child care.
Sec. 8239. Definitions.
Subtitle D--Reports
Sec. 8240. Modifications of certain reporting requirements.
Sec. 8241. Report on cybersecurity workforce.
Sec. 8242. Report on navigation and bridge resource management.
Sec. 8243. Report on helicopter life-cycle support and recapitalization.
Sec. 8244. Report on Coast Guard response capabilities for cyber
incidents on vessels entering ports or waters of the United
States.
Sec. 8245. Study and report on Coast Guard interdiction of illicit drugs
in transit zones.
Sec. 8246. Report on liability limits set in section 1004 of the Oil
Pollution Act of 1990.
Sec. 8247. Report on Coast Guard defense readiness resources allocation.
Sec. 8248. Report on the feasibility of liquefied natural gas fueled
vessels.
Sec. 8249. Coast Guard authorities study.
Sec. 8250. Report on effects of climate change on Coast Guard.
Sec. 8251. Shore infrastructure.
Sec. 8252. Coast Guard housing; status and authorities briefing.
[[Page 134 STAT. 3418]]
Sec. 8253. Physical access control system report.
Sec. 8254. Study on Certificate of Compliance inspection program with
respect to vessels that carry bulk liquefied gases as cargo
and liquefied natural gas tank vessels.
Sec. 8255. Comptroller General of the United States review and report on
Coast Guard's International Port Security Program.
Sec. 8256. Comptroller General of the United States review and report on
surge capacity of the Coast Guard.
Sec. 8257. Comptroller General of the United States review and report on
marine inspections program of Coast Guard.
Sec. 8258. Comptroller General of the United States review and report on
information technology program of Coast Guard.
Sec. 8259. Comptroller General of the United States study and report on
access to health care by members of Coast Guard and
dependents.
Sec. 8260. Comptroller General of the United States study and report on
medical staffing standards and needs for Coast Guard.
Sec. 8261. Report on fast response cutters, offshore patrol cutters, and
national security cutters.
Subtitle E--Coast Guard Academy Improvement Act
Sec. 8271. Short title.
Sec. 8272. Coast Guard Academy study.
Sec. 8273. Annual report.
Sec. 8274. Assessment of Coast Guard Academy admission processes.
Sec. 8275. Coast Guard Academy minority outreach team program.
Sec. 8276. Coast Guard college student pre-commissioning initiative.
Sec. 8277. Annual board of visitors.
Sec. 8278. Homeland Security rotational cybersecurity research program
at Coast Guard Academy.
Subtitle F--Other Matters
Sec. 8281. Strategy on leadership of Coast Guard.
Sec. 8282. Expedited transfer in cases of sexual assault; dependents of
members of the Coast Guard.
Sec. 8283. Access to resources during creosote-related building closures
at Coast Guard Base Seattle, Washington.
Sec. 8284. Southern resident orca conservation and enforcement.
Sec. 8285. Sense of Congress and report on implementation of policy on
issuance of warrants and subpoenas and whistleblower
protections by agents of the Coast Guard Investigative
Service.
Sec. 8286. Inspector General report on access to Equal Opportunity
Advisors and Equal Employment Opportunity Specialists.
Sec. 8287. Insider Threat Program.
TITLE LVXXXIII--MARITIME
Subtitle A--Navigation
Sec. 8301. Electronic charts; equivalency.
Sec. 8302. Subrogated claims.
Sec. 8303. Loan provisions under Oil Pollution Act of 1990.
Sec. 8304. Oil pollution research and development program.
Subtitle B--Shipping
Sec. 8311. Passenger vessel security and safety requirements;
application.
Sec. 8312. Small passenger vessels and uninspected passenger vessels.
Sec. 8313. Non-operating individual.
Sec. 8314. Conforming amendments: training; public safety personnel.
Sec. 8315. Maritime transportation assessment.
Sec. 8316. Engine cut-off switches; use requirement.
Sec. 8317. Authority to waive operator of self-propelled uninspected
passenger vessel requirements.
Sec. 8318. Exemptions and equivalents.
Sec. 8319. Renewal of merchant mariner licenses and documents.
Sec. 8320. Certificate extensions.
Sec. 8321. Vessel safety standards.
Sec. 8322. Medical standards.
Subtitle C--Advisory Committees
Sec. 8331. Advisory committees.
Sec. 8332. Maritime Transportation System National Advisory Committee.
Sec. 8333. Expired maritime liens.
[[Page 134 STAT. 3419]]
Sec. 8334. Great Lakes Pilotage Advisory Committee.
Sec. 8335. National Commercial Fishing Safety Advisory Committee.
Sec. 8336. Exemption of commercial fishing vessels operating in Alaskan
Region from Global Maritime Distress and Safety System
requirements of Federal Communications Commission.
Subtitle D--Ports
Sec. 8341. Port, harbor, and coastal facility security.
Sec. 8342. Aiming laser pointer at vessel.
Sec. 8343. Safety of special activities.
Sec. 8344. Security plans; reviews.
Sec. 8345. Vessel traffic service.
Sec. 8346. Transportation work identification card pilot program.
TITLE LVXXXIV--MISCELLANEOUS
Subtitle A--Navigation and Shipping
Sec. 8401. Coastwise trade.
Sec. 8402. Towing vessels operating outside boundary line.
Sec. 8403. Sense of Congress regarding the maritime industry of the
United States.
Sec. 8404. Cargo preference study.
Sec. 8405. Towing vessel inspection fees review.
Subtitle B--Maritime Domain Awareness
Sec. 8411. Unmanned maritime systems and satellite vessel tracking
technologies.
Sec. 8412. Unmanned aircraft systems testing.
Sec. 8413. Land-based unmanned aircraft system program of Coast Guard.
Sec. 8414. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 8415. United States commercial space-based radio frequency maritime
domain awareness testing and evaluation program.
Sec. 8416. Authorization of use of automatic identification systems
devices to mark fishing equipment.
Subtitle C--Arctic
Sec. 8421. Coast Guard Arctic prioritization.
Sec. 8422. Arctic PARS Native engagement.
Sec. 8423. Voting requirement.
Sec. 8424. Report on the Arctic capabilities of the Armed Forces.
Sec. 8425. Report on Arctic search and rescue.
Sec. 8426. Arctic Shipping Federal Advisory Committee.
Subtitle D--Other Matters
Sec. 8431. Plan for wing-in-ground demonstration plan.
Sec. 8432. Northern Michigan oil spill response planning.
Sec. 8433. Documentation of LNG tankers.
Sec. 8434. Replacement vessel.
Sec. 8435. Educational vessel.
Sec. 8436. Waters deemed not navigable waters of the United States for
certain purposes.
Sec. 8437. Anchorages.
Sec. 8438. Comptroller General of the United States study and report on
vertical evacuation for tsunamis at Coast Guard Stations in
Washington and Oregon.
Sec. 8439. Authority to enter into agreements with National Coast Guard
Museum Association.
Sec. 8440. Video equipment; access and retention of records.
Sec. 8441. Regulations for covered small passenger vessels.
TITLE LVXXXV--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 8501. Transfers.
Sec. 8502. Additional transfers.
Sec. 8503. License exemptions; repeal of obsolete provisions.
Sec. 8504. Maritime transportation system.
Sec. 8505. References to ``persons'' and ``seamen''.
Sec. 8506. References to ``himself'' and ``his''.
Sec. 8507. Miscellaneous technical corrections.
Sec. 8508. Technical corrections relating to codification of Ports and
Waterways Safety Act.
[[Page 134 STAT. 3420]]
Sec. 8509. Aids to navigation.
Sec. 8510. Transfers related to employees of Lighthouse Service.
Sec. 8511. Transfers related to surviving spouses of Lighthouse Service
employees.
Sec. 8512. Repeals related to lighthouse statutes.
Sec. 8513. Common appropriation structure.
TITLE LVXXXVI--FEDERAL MARITIME COMMISSION
Sec. 8601. Short title.
Sec. 8602. Authorization of appropriations.
Sec. 8603. Unfinished proceedings.
Sec. 8604. National Shipper Advisory Committee.
Sec. 8605. Transfer of Federal Maritime Commission provisions.
DIVISION H--OTHER MATTERS
TITLE XC--HOMELAND SECURITY MATTERS
Sec. 9001. Department of Homeland Security CISA Director.
Sec. 9002. Sector risk management agencies.
Sec. 9003. Review and analysis of inland waters seaport security.
Sec. 9004. Department of Homeland Security reports on digital content
forgery technology.
Sec. 9005. GAO study of cybersecurity insurance.
Sec. 9006. Strategy to secure email.
Sec. 9007. Department of Homeland Security large-scale non-intrusive
inspection scanning plan.
TITLE XCI--VETERANS AFFAIRS MATTERS
Sec. 9101. Modification of licensure requirements for Department of
Veterans Affairs health care professionals providing
treatment via telemedicine.
Sec. 9102. Additional care for newborn children of veterans.
Sec. 9103. Expansion of eligibility for HUD-VASH.
Sec. 9104. Study on unemployment rate of women veterans who served on
active duty in the Armed Forces after September 11, 2001.
Sec. 9105. Access of veterans to Individual Longitudinal Exposure
Record.
Sec. 9106. Department of Veterans Affairs report on undisbursed funds.
Sec. 9107. Transfer of Mare Island Naval Cemetery to Secretary of
Veterans Affairs for maintenance by National Cemetery
Administration.
Sec. 9108. Comptroller General report on Department of Veterans Affairs
handling of disability compensation claims by certain
veterans.
Sec. 9109. Additional diseases associated with exposure to certain
herbicide agents for which there is a presumption of service
connection for veterans who served in the Republic of
Vietnam.
TITLE XCII--COMMUNICATIONS MATTERS
Sec. 9201. Reliable emergency alert distribution improvement.
Sec. 9202. Wireless supply chain innovation and multilateral security.
Sec. 9203. Spectrum information technology modernization efforts.
Sec. 9204. Internet of Things.
TITLE XCIII--INTELLIGENCE MATTERS
Sec. 9301. Requirement for facilitation of establishment of social media
data and threat analysis center.
Sec. 9302. Independent study on identifying and addressing threats that
individually or collectively affect national security,
financial security, or both.
TITLE XCIV--SCIENCE, SPACE, AND TECHNOLOGY MATTERS
Subtitle A--Cybersecurity Matters
Sec. 9401. Improving national initiative for cybersecurity education.
Sec. 9402. Development of standards and guidelines for improving
cybersecurity workforce of Federal agencies.
Sec. 9403. Modifications to Federal cyber scholarship-for-service
program.
Sec. 9404. Additional modifications to Federal cyber scholarship-for-
service program.
Sec. 9405. Cybersecurity in programs of the National Science Foundation.
Sec. 9406. Cybersecurity in STEM programs of the National Aeronautics
and Space Administration.
Sec. 9407. National cybersecurity challenges.
Subtitle B--Other Matters
Sec. 9411. Established Program to Stimulate Competitive Research.
[[Page 134 STAT. 3421]]
Sec. 9412. Industries of the future.
Sec. 9413. National Institute of Standards and Technology Manufacturing
Extension Partnership program supply chain database.
Sec. 9414. Study on Chinese policies and influence in the development of
international standards for emerging technologies.
Sec. 9415. Coordination with Hollings Manufacturing Extension
Partnership Centers.
TITLE XCV--NATURAL RESOURCES MATTERS
Sec. 9501. Transfer of funds for Oklahoma City national memorial
endowment fund.
Sec. 9502. Workforce issues for military realignments in the Pacific.
Sec. 9503. Affirmation of authority for non-oil and gas operations on
the outer Continental Shelf.
TITLE XCVI--OVERSIGHT AND REFORM MATTERS
Sec. 9601. Inventory of program activities of Federal agencies.
Sec. 9602. Preservation of electronic messages and other records.
Sec. 9603. Continuity of the economy plan.
TITLE XCVII--FINANCIAL SERVICES MATTERS
Subtitle A--Kleptocracy Asset Recovery Rewards Act
Sec. 9701. Short title.
Sec. 9702. Sense of Congress.
Sec. 9703. Department of the Treasury Kleptocracy Asset Recovery Rewards
Pilot Program.
Subtitle B--Combating Russian Money Laundering
Sec. 9711. Short title.
Sec. 9712. Statement of policy.
Sec. 9713. Sense of Congress.
Sec. 9714. Determination with respect to primary money laundering
concern of Russian illicit finance.
Subtitle C--Other Matters
Sec. 9721. Certified notice at completion of an assessment.
Sec. 9722. Ensuring Chinese debt transparency.
Sec. 9723. Accountability for World Bank Loans to China.
Sec. 9724. Fairness for Taiwan nationals regarding employment at
international financial institutions.
TITLE XCIX--CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS FOR
AMERICA
Sec. 9901. Definitions.
Sec. 9902. Semiconductor incentives.
Sec. 9903. Department of Defense.
Sec. 9904. Department of Commerce study on status of microelectronics
technologies in the United States industrial base.
Sec. 9905. Funding for development and adoption of measurably secure
semiconductors and measurably secure semiconductors supply
chains.
Sec. 9906. Advanced microelectronics research and development.
Sec. 9907. Prohibition relating to foreign entities of concern.
Sec. 9908. Defense Production Act of 1950 efforts.
TITLE C--OTHER MATTERS
Sec. 10001. AMBER Alert nationwide.
Sec. 10002. Improving authority for operation of unmanned aircraft for
educational purposes.
Sec. 10003. Prohibition on provision of airport improvement grant funds
to certain entities that have violated intellectual property
rights of United States entities.
Sec. 10004. Study and report on the affordability of insulin.
Sec. 10005. Waiver authority with respect to institutions located in an
area affected by Hurricane Maria.
Sec. 10006. Farm and ranch mental health.
SEC. 3. <<NOTE: 10 USC 101 note.>> CONGRESSIONAL DEFENSE
COMMITTEES.
In <<NOTE: Definition.>> this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
[[Page 134 STAT. 3422]]
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference report or
amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Modifications to requirement for an interim cruise missile
defense capability.
Sec. 112. Report and limitations on acquisition of Integrated Visual
Augmentation System.
Sec. 113. Assessment of investment and sustainment for procurement of
cannon tubes.
Subtitle C--Navy Programs
Sec. 121. Limitation on alteration of the Navy fleet mix.
Sec. 122. Limitations on Navy medium and large unmanned surface vessels.
Sec. 123. Fighter force structure acquisition strategy.
Sec. 124. Procurement authorities for certain amphibious shipbuilding
programs.
Sec. 125. Land-based test program for the FFG(X) Frigate program.
Sec. 126. Treatment in future budgets of the President of systems added
by Congress.
Sec. 127. Extension of prohibition on availability of funds for Navy
waterborne security barriers.
Sec. 128. Report on strategy to use ALQ-249 Next Generation Jammer to
ensure full spectrum electromagnetic superiority.
Subtitle D--Air Force Programs
Sec. 131. Minimum operational squadron level.
Sec. 132. Modification of force structure objectives for bomber
aircraft.
Sec. 133. Minimum bomber aircraft force level.
Sec. 134. Required minimum inventory of tactical airlift aircraft.
Sec. 135. Inventory requirements for air refueling tanker aircraft.
Sec. 136. Authority to use F-35A fighter aircraft AT-1 through AT-6.
Sec. 137. F-35 aircraft gun system ammunition.
Sec. 138. Extension of limitation on availability of funds for
retirement of RC-135 aircraft.
Sec. 139. Modification to limitation on retirement of U-2 and RQ-4
aircraft.
Sec. 140. Modification of limitation on availability of funds for
retirement of E-8 JSTARS aircraft.
Sec. 141. Limitation on divestment of F-15C aircraft within the European
theater.
Sec. 142. Modernization plan for airborne intelligence, surveillance,
and reconnaissance.
Sec. 143. RC-26B manned intelligence, surveillance, and reconnaissance
aircraft.
Sec. 144. Prohibition on funding for Close Air Support Integration
Group.
Sec. 145. Required solution for KC-46 aircraft remote visual system
limitations.
Sec. 146. Analysis of moving target indicator requirements and Advanced
Battle Management System capabilities.
Sec. 147. Study on measures to assess cost-per-effect for key mission
areas.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 151. Budgeting for life-cycle costs of aircraft for the Army, Navy,
and Air Force.
[[Page 134 STAT. 3423]]
Sec. 152. Transfer of responsibilities and functions relating to
electromagnetic spectrum operations.
Sec. 153. Cryptographic modernization schedules.
Sec. 154. Department of Defense participation in the Special Federal
Aviation Regulation Working Group.
Sec. 155. Integrated air and missile defense assessment.
Sec. 156. Joint strategy for air base defense against missile threats.
Sec. 157. Joint All Domain Command and Control requirements.
Sec. 158. Expansion of economic order quantity contracting authority for
F-35 aircraft program.
Sec. 159. Documentation relating to the F-35 aircraft program.
Sec. 160. F-35 aircraft munitions.
Sec. 161. Redesign strategy for the Autonomic Logistics Information
System for the F-35 fighter aircraft.
Sec. 162. Briefings on software regression testing for F-35 aircraft.
Sec. 163. Prohibition on use of funds for the Armed Overwatch Program.
Sec. 164. Acceleration of development and fielding of counter unmanned
aircraft systems across the joint force.
Sec. 165. Airborne intelligence, surveillance, and reconnaissance
acquisition roadmap for the United States Special Operations
Command.
Sec. 166. Prohibition on divestiture of manned intelligence,
surveillance, and reconnaissance aircraft operated by United
States Special Operations Command.
Sec. 167. Notification on efforts to replace inoperable ejection seat
aircraft locator beacons.
Subtitle 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 the Space Force, and Defense-wide activities, as specified in
the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. MODIFICATIONS TO REQUIREMENT FOR AN INTERIM CRUISE
MISSILE DEFENSE CAPABILITY.
(a) <<NOTE: Deadline. Timeline.>> Plan.--Not later than January 15,
2021, the Secretary of the Army shall submit to the congressional
defense committees the plan, including a timeline, to operationally
deploy or forward station the interim cruise missile defense capability
procured pursuant to section 112 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1660) in an operational theater or theaters.
(b) Modification of Waiver.--Paragraph (4) of section 112(b) of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019
(132 Stat. 1661) is amended to read as follows:
``(4) Waiver.--The Secretary of the Army may waive the
deadlines specified in paragraph (1):
``(A) <<NOTE: Determination.>> 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) <<NOTE: Certification.>> 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
[[Page 134 STAT. 3424]]
``(ii) additional time is required to complete
testing, training, and preparation for operational
capability.''.
SEC. 112. REPORT AND LIMITATIONS ON ACQUISITION OF INTEGRATED
VISUAL AUGMENTATION SYSTEM.
(a) Report Required.--
(1) In general.--Not later than August 15, 2021, but after
completion of operational testing of the Integrated Visual
Augmentation System (IVAS), the Secretary of the Army shall
submit to the congressional defense committees a report on the
Integrated Visual Augmentation System.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) <<NOTE: Strategy. Cost estimate.>> The
acquisition strategy for the Integrated Visual
Augmentation System, including an estimate of the
average production unit cost, a schedule for full-rate
production, and an identification of any hardware and
software changes in the System as a result of
operational testing.
(B) A description of the technology levels required
for full-rate production of the System.
(C) A description of operational suitability and
soldier acceptability for the production-representative
model System.
(b) <<NOTE: Deadline.>> Assessment Required.--Not later than 30
days after the submittal of the report required by subsection (a), the
Director of Operational Test and Evaluation shall submit to the
congressional defense committees an assessment of the matters described
pursuant to subparagraphs (B) and (C) of subsection (a)(2).
(c) Limitation on Use of Funds.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2021 for procurement of the Integrated Visual Augmentation System, not
more than 75 percent may be obligated or expended until the date on
which the Secretary submits to the congressional defense committees the
report required by subsection (a).
SEC. 113. ASSESSMENT OF INVESTMENT AND SUSTAINMENT FOR PROCUREMENT
OF CANNON TUBES.
(a) Assessment Required.--The Secretary of the Army shall conduct an
assessment of the development, production, procurement, and
modernization of the defense industrial base for cannon and large
caliber weapon tubes.
(b) <<NOTE: Reports.>> Submittal to Congress.--Not later than 90
days after the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees a report setting forth
the assessment conducted under subsection (a).
Subtitle C--Navy Programs
SEC. 121. LIMITATION ON ALTERATION OF THE NAVY FLEET MIX.
(a) Limitation.--
(1) In general.--The Secretary of the Navy may not deviate
from the large surface combatant requirements included in the
2016 Navy Force Structure Assessment until the date on which the
Secretary submits to the congressional defense committees the
certification under paragraph (2) and the report under
subsection (b).
[[Page 134 STAT. 3425]]
(2) Certification.--The certification referred to in
paragraph (1) is a certification, in writing, that the Navy can
mitigate the reduction in multi-mission large surface combatant
requirements, including anti-air and ballistic missile defense
capabilities, due to having a reduced number of DDG-51
Destroyers with the advanced AN/SPY-6 radar in the next three
decades.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of the Navy shall submit to the congressional
defense committees a report that includes--
(1) <<NOTE: Mitigation plan.>> a description of likely
detrimental impacts to the large surface combatant industrial
base, and a plan to mitigate such impacts, if the fiscal year
2021 future-years defense program is implemented as proposed;
(2) <<NOTE: Review. Analysis.>> a review of the benefits to
the Navy fleet of the new AN/SPY-6 radar to be deployed aboard
Flight III variant DDG-51 Destroyers, which are currently under
construction, as well as an analysis of impacts to the
warfighting capabilities of the fleet should the number of such
destroyers be reduced; and
(3) <<NOTE: Implementation plan.>> a plan to fully
implement section 131 of the National Defense Authorization for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1237), including
subsystem prototyping efforts and funding by fiscal year.
SEC. 122. LIMITATIONS ON NAVY MEDIUM AND LARGE UNMANNED SURFACE
VESSELS.
(a) Milestone B Approval Requirements.--Milestone B approval may not
be granted for a covered program unless such program accomplishes prior
to and incorporates into such approval--
(1) qualification by the Senior Technical Authority of--
(A) at least one representative main propulsion
system, including the fuel and lube oil systems; and
(B) at least one representative electrical
generation and distribution system;
(2) final results of test programs of engineering
development models or prototypes showing that critical systems
designated pursuant to subparagraph (C) of section 8669b(c)(2)
of title 10, United States Code, are demonstrated as required by
subparagraph (I) of that section; and
(3) <<NOTE: Determination.>> a determination by the
milestone decision authority of the minimum number of vessels,
discrete test events, performance parameters to be tested, and
schedule required to complete initial operational test and
evaluation and demonstrate operational suitability and
operational effectiveness.
(b) Qualification Requires Operational Demonstration.--The
qualification required in subsection (a)(1) shall include a land-based
operational demonstration of the systems concerned in the vessel-
representative form, fit, and function for not less than 720 continuous
hours without preventative maintenance, corrective maintenance, emergent
repair, or any other form of repair or maintenance.
(c) <<NOTE: Requirement.>> Use of Qualified Systems.--The Secretary
of the Navy shall require that covered programs use only main propulsion
systems and electrical generation and distribution systems that are
qualified under subsection (a)(1).
[[Page 134 STAT. 3426]]
(d) Limitation on Contract Award or Funding.--
(1) <<NOTE: Notification.>> In general.--The Secretary may
not award a detail design or construction contract, or obligate
funds from a procurement account, for a covered program until
such program receives Milestone B approval and the milestone
decision authority notifies the congressional defense
committees, in writing, of the actions taken to comply with the
requirements under this section.
(2) Exception.--The limitation in paragraph (1) does not
apply to advanced procurement for government-furnished
equipment.
(e) Definitions.--In this section:
(1) Covered program.--The term ``covered program'' means a
program for--
(A) medium unmanned surface vessels; or
(B) large unmanned surface vessels.
(2) Milestone b approval.--The term ``Milestone B approval''
has the meaning given the term in section 2366(e)(7) of title
10, United States Code.
(3) Milestone decision authority.--The term ``milestone
decision authority'' means the official within the Department of
Defense designated with the overall responsibility and authority
for acquisition decisions for an acquisition program, including
authority to approve entry of the program into the next phase of
the acquisition process.
(4) Senior technical authority.--The term ``Senior Technical
Authority'' has the meaning provided for in section 8669b of
title 10, United States Code.
SEC. 123. FIGHTER FORCE STRUCTURE ACQUISITION STRATEGY.
(a) <<NOTE: Deadline.>> Submittal of Strategy Required.--Not later
than March 1, 2021, the Secretary of the Navy shall submit to the
congressional defense committees a strategy for the Navy for tactical
fighter aircraft force structure acquisition that aligns with the stated
capability and capacity requirements of the Department of the Navy to
meet the National Defense Strategy.
(b) <<NOTE: Approval.>> Limitation on Deviation From Strategy.--The
Secretary of the Navy may not deviate from the strategy submitted under
subsection (a) until--
(1) <<NOTE: Consultation.>> the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
approves the deviation, in writing; and
(2) the Secretary of Defense provides the congressional
defense committees the approval of the deviation, together with
a justification for the deviation.
SEC. 124. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIBIOUS
SHIPBUILDING PROGRAMS.
(a) Contract Authority.--
(1) Procurement authorized.--In fiscal year 2021, the
Secretary of the Navy may enter into one or more contracts for
the procurement of three San Antonio-class amphibious ships and
one America-class amphibious ship.
(2) Procurement in conjunction with existing contracts.--The
ships authorized to be procured under paragraph (1) may be
procured as additions to existing contracts covering such
programs.
[[Page 134 STAT. 3427]]
(b) <<NOTE: Deadline.>> Certification Required.--A contract may not
be entered into under subsection (a) unless the Secretary of the Navy
certifies to the congressional defense committees, in writing, not later
than 30 days before entry into the contract, each of the following,
which shall be prepared by the milestone decision authority for such
programs:
(1) The use of such a contract is consistent with the
projected force structure requirements of the Department of the
Navy for amphibious ships.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying out
the program through annual contracts. <<NOTE: Cost estimates.>>
In certifying cost savings under the preceding sentence, the
Secretary shall include a written explanation of--
(A) the estimated end cost and appropriated funds by
fiscal year, by hull, without the authority provided in
subsection (a);
(B) the estimated end cost and appropriated funds by
fiscal year, by hull, with the authority provided in
subsection (a);
(C) the estimated cost savings or increase by fiscal
year, by hull, with the authority provided in subsection
(a);
(D) the discrete actions that will accomplish such
cost savings or avoidance; and
(E) the contractual actions that will ensure the
estimated cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary will request funding
for the contract at the level required to avoid contract
cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense
program (as defined under section 221 of title 10, United States
Code) for such fiscal year will include the funding required to
execute the program without cancellation.
(c) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts for advance procurement associated
with a vessel or vessels for which authorization to enter into a
contract is provided under subsection (a), and for systems and
subsystems associated with such vessels in economic order quantities
when cost savings are achievable.
(d) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year is
subject to the availability of appropriations for that purpose for such
fiscal year.
[[Page 134 STAT. 3428]]
(e) Milestone Decision Authority Defined.--In this section. the term
``milestone decision authority'' has the meaning given the term in
section 2366a(d) of title 10, United States Code.
SEC. 125. LAND-BASED TEST PROGRAM FOR THE FFG(X) FRIGATE PROGRAM.
(a) Test Program for Engineering Plant Required.--Prior to the
delivery date of the lead ship in the FFG(X) Frigate class of vessels,
the Secretary of the Navy shall commence a land-based test program for
the engineering plant of such class of vessels.
(b) Administration.--The test program required by subsection (a)
shall be administered by the Senior Technical Authority for the FFG(X)
Frigate class of vessels.
(c) Elements.--The test program required by subsection (a) shall
include, at a minimum, testing of the following equipment in vessel-
representative form:
(1) Main Reduction Gear.
(2) Electrical Propulsion Motors.
(3) Other propulsion drive train components.
(4) Main propulsion system.
(5) Auxiliary propulsion unit.
(6) Electrical generation system,
(7) Shipboard control systems.
(8) Power control modules,
(d) Test Objectives.--The test program required by subsection (a)
shall include, at a minimum, the following test objectives demonstrated
across the full range of engineering plant operations for the FFG(X)
Frigate class of vessels:
(1) Test of the full propulsion drive train.
(2) Test and facilitation of machinery control systems
integration.
(3) Simulation of the full range of electrical demands to
enable the investigation of load dynamics between the Hull,
Mechanical and Electrical equipment, Combat System, and
auxiliary equipment.
(e) Completion Date.--The Secretary shall complete the test program
required by subsection (a) by not later than the date on which the lead
ship in the FFG(X) Frigate class of vessels is scheduled to be available
for tasking by operational military commanders.
(f) Definitions.--In this section:
(1) Delivery date.--The term ``delivery date'' has the
meaning provided for in section 8671 of title 10, United States
Code.
(2) Senior technical authority.--The term ``Senior Technical
Authority'' has the meaning provided for in section 8669b of
title 10, United States Code.
SEC. 126. <<NOTE: 10 USC 221 note.>> TREATMENT IN FUTURE BUDGETS
OF THE PRESIDENT OF SYSTEMS ADDED BY
CONGRESS.
In the event the procurement quantity for a system authorized by
Congress in a National Defense Authorization Act for a fiscal year, and
for which funds for such procurement quantity are appropriated by
Congress in the Shipbuilding and Conversion, Navy account for such
fiscal year, exceeds the procurement quantity specified in the budget of
the President, as submitted to Congress under section 1105 of title 31,
United States Code, for such fiscal year, such excess procurement
quantity shall not be specified as
[[Page 134 STAT. 3429]]
a new procurement quantity in any budget of the President, as so
submitted, for any fiscal year after such fiscal year.
SEC. 127. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR
NAVY WATERBORNE SECURITY BARRIERS.
Section 130(a) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1665), as
amended by section 126 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1235), is further amended
by striking ``for fiscal year 2019 or fiscal year 2020'' and inserting
``for fiscal years 2019, 2020, or 2021''.
SEC. 128. REPORT ON STRATEGY TO USE ALQ-249 NEXT GENERATION JAMMER
TO ENSURE FULL SPECTRUM ELECTROMAGNETIC
SUPERIORITY.
(a) <<NOTE: Consultation.>> Report.--Not later than July 30, 2021,
the Secretary of the Navy, in consultation with the Vice Chairman of the
Joint Chiefs, shall submit to the congressional defense committees a
report with a strategy to ensure full spectrum electromagnetic
superiority using the ALQ-249 Next Generation Jammer.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) <<NOTE: Analysis.>> A description of the current
procurement strategy for the ALQ-249, and the analysis of its
capability to meet the radio frequency (RF) ranges required in
highly contested and denied environment conflicts.
(2) <<NOTE: Assessment.>> An assessment of the
compatibility and ability of the ALQ-249 to synchronize non-
kinetic fires using other Joint Electronic Warfare (EW)
platforms.
(3) A future model of an interlinked/interdependent
electronic warfare menu of options for commanders at tactical,
operational, and strategic levels.
Subtitle D--Air Force Programs
SEC. 131. MINIMUM OPERATIONAL SQUADRON LEVEL.
(a) Policy on Air Force Aviation Force Structure.--As soon as
practicable after the date of the enactment of this Act and subject to
the availability of appropriations, the Secretary of the Air Force shall
seek to achieve the capabilities provided by a minimum of 386 available
operational squadrons, or equivalent organizational units. In addition,
the Secretary shall seek to achieve not fewer than 3,580 combat coded
aircraft within the Air Force.
(b) <<NOTE: Consultation. Determination. Reports.>> Exception to
Policy.--If, based on the fielding of new capabilities and formal force
structure capability assessments supporting the most recent National
Defense Strategy, the Secretary of the Air Force, in consultation with
the Chief of Staff of the Air Force and the Chairman of the Joint Chiefs
of Staff, makes a determination that a modification to the quantity of
operational squadrons or combat-coded aircraft in subsection (a) is
necessary, the Secretary shall submit a report at the earliest
opportunity to the congressional defense committees describing the
modifications of the revised force structure and how the quantity of
combat coded aircraft and operational squadrons developed supports a
moderate operational risk force structure in support of the National
Defense Strategy.
[[Page 134 STAT. 3430]]
(c) Expiration of Policy.--The policy in subsection (a) shall expire
on September 30, 2025.
(d) Moderate Operational Risk Defined.--In this section, the term
``moderate operational risk'' shall be construed as defined in the most
recent publication of the Chairman of the Joint Chiefs of Staff Manual
3105.01 titled ``Joint Risk Analysis''.
SEC. 132. <<NOTE: 10 USC 9062 note.>> MODIFICATION OF FORCE
STRUCTURE OBJECTIVES FOR BOMBER AIRCRAFT.
(a) Minimum Level for All Bomber Aircraft.--
(1) <<NOTE: Time period.>> In general.--During the period
beginning on the date of the enactment of this Act and ending on
October 1, 2025, the Secretary of the Air Force shall, except as
provided in paragraph (2), maintain not less than 92 bomber
aircraft based on the Primary Mission Aircraft Inventory (PMAI)
of the Air Force.
(2) <<NOTE: Determination.>> Exception.--The Secretary may
reduce the number of aircraft required by the Primary Mission
Aircraft Inventory below the number specified in paragraph (1)
if the Secretary determines, on a case-by-case basis, that a
bomber aircraft is no longer to be so required because such
aircraft is no longer mission capable due to mishap or other
damage, or being uneconomical to repair.
(b) Repeal of Minimum B-1 Inventory Requirement.--Section 9062 of
title 10, United States Code, is amended by striking subsection (h).
(c) Preservation of Certain B-1 Aircraft and Maintenance
Personnel.--Until the date on which the Secretary determines that the B-
21 bomber aircraft has attained initial operating capability, the
Secretary--
(1) shall preserve four B-1 aircraft that are retired
pursuant to subsection (a), in a manner that ensures the
components and parts of each such aircraft are maintained in
reclaimable condition that is consistent with type 2000
recallable storage, or better; and
(2) may not reduce the number of billets assigned to
maintenance of B-1 aircraft in effect on January 1, 2020.
SEC. 133. MINIMUM BOMBER AIRCRAFT FORCE LEVEL.
(a) <<NOTE: Reports. Recommenda- tions.>> In General.--Not later
than February 1, 2021, the Secretary of the Air Force shall submit to
the congressional defense committees a report with recommendations for
the bomber aircraft force structure that enables the Air Force to meet
the requirements of its long-range strike mission under the National
Defense Strategy.
(b) Elements.--The report required by subsection (a) shall include
each of the following elements:
(1) The bomber force structure necessary to meet the
requirements of the long-range strike mission of the Air Force
under the National Defense Strategy, including--
(A) the total minimum number of bomber aircraft; and
(B) the minimum number of primary mission aircraft.
(2) The penetrating bomber force structure necessary to meet
the requirements of the long-range strike mission of the Air
Force in contested or denied environments under the National
Defense Strategy, including--
[[Page 134 STAT. 3431]]
(A) the total minimum number of penetrating bomber
aircraft; and
(B) the minimum number of primary mission
penetrating bomber aircraft.
(3) A roadmap outlining how the Air Force plans to reach the
force structure identified under paragraphs (1) and (2),
including an established goal date for achieving the minimum
number of bomber aircraft.
(c) <<NOTE: Classified information.>> Form.--The report under
subsection (a) shall be submitted in unclassified form, but may include
a classified annex.
(d) <<NOTE: Public information.>> Publication.--The Secretary shall
make available to the public the unclassified form of the report
submitted under subsection (a).
(e) Bomber Aircraft Defined.--In this section, the term ``bomber
aircraft'' includes penetrating bombers in addition to B-52H aircraft.
SEC. 134. REQUIRED MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT.
(a) In General.--The Secretary of the Air Force shall maintain--
(1) a total primary mission aircraft inventory of 230
aircraft; and
(2) a total tactical airlift aircraft inventory of not less
than 287 aircraft.
(b) <<NOTE: Determination.>> Exception.--The Secretary of the Air
Force may reduce the number of C-130 aircraft in the Air Force below the
minimum number specified in subsection (a) if the Secretary of the Air
Force determines, on a case-by-case basis, that an aircraft is no longer
mission capable because of a mishap or other damage.
(c) Savings Clause.--During fiscal year 2021, the Secretary of the
Air Force is prohibited from reducing the total tactical airlift
aircraft inventory entirely from the National Guard.
(d) Sunset.--This section shall not apply after October 1, 2021.
SEC. 135. <<NOTE: Time periods.>> INVENTORY REQUIREMENTS FOR AIR
REFUELING TANKER AIRCRAFT.
(a) In General.--During the period beginning on the date of the
enactment of this Act and ending on October 1, 2025, the Secretary of
the Air Force shall maintain not less than 412 tanker aircraft based on
Primary Mission Aircraft Inventory (PMAI) of the Air Force.
(b) Minimum Inventory Requirements for KC-10A Aircraft.--Except as
provided in subsection (e)(1):
(1) Fiscal year 2021.--During the period beginning on the
date of the enactment of this Act and ending on October 1, 2021,
the Secretary of the Air Force shall maintain a minimum of 50
KC-10A aircraft designated as primary mission aircraft
inventory.
(2) Fiscal year 2022.--During the period beginning on
October 1, 2021, and ending on October 1, 2022, the Secretary of
the Air Force shall maintain a minimum of 38 KC-10A aircraft
designated as primary mission aircraft inventory.
(3) Fiscal year 2023.--During the period beginning on
October 1, 2022, and ending on October 1, 2023, the Secretary of
the Air Force shall maintain a minimum of 26 KC-10A aircraft
designated as primary mission aircraft inventory.
[[Page 134 STAT. 3432]]
(c) Prohibition on Retirement of KC-135 Aircraft.--Except as
provided in subsection (e), during the period beginning on the date of
the enactment of this Act and ending on October 1, 2023, the Secretary
of the Air Force may not retire, or prepare to retire, any KC-135
aircraft.
(d) KC-135 Aircraft Fleet Management.--None of the funds authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2021 for the Air Force may be obligated or expended to reduce the
number of KC-135 aircraft designated as primary mission aircraft
inventory.
(e) Exceptions.--
(1) <<NOTE: Determination.>> KC-10A aircraft.--The
requirement in subsection (b) shall not apply to an aircraft
otherwise required to be maintained by that subsection if the
the Secretary of the Air Force determines, on a case-by-case
basis, that such aircraft is no longer mission capable due to
mishap or other damage, or being uneconomical to repair.
(2) KC-135 aircraft.--The requirement in subsection (c)
shall not apply to an aircraft otherwise required to be
maintained by that subsection if the Secretary of the Air
Force--
(A) <<NOTE: Determination.>> at any time during the
period beginning on the date of the enactment of this
Act and ending on October 1, 2023, determines, on a
case-by-case basis, that such aircraft is no longer
mission capable due to mishap or other damage, or being
uneconomical to repair; or
(B) <<NOTE: Certification. Deadline.>> during
fiscal year 2023, certifies in writing to the
congressional defense committees, not later than 30 days
before the date of divestment of such aircraft, that the
Air Force can meet combatant command tanker aircraft
requirements by leveraging Air National Guard and Air
Force Reserve capacity with increased Military Personnel
Appropriation (MPA) Man-day Tours to the reserve force.
(f) Primary Mission Aircraft Inventory Defined.--In this section,
the term ``primary mission aircraft inventory'' has the meaning given
that term in section 9062(i)(2)(B) of title 10, United States Code.
SEC. 136. AUTHORITY TO USE F-35A FIGHTER AIRCRAFT AT-1 THROUGH AT-
6.
(a) <<NOTE: Approval.>> In General.--Subject to written approval by
the Secretary of Defense to the Secretary of the Air Force, the
Secretary of the Air Force is authorized to utilize, modify, and operate
the six F-35A aircraft designated as AT-1 through AT-6 that are
possessed by the United Government and currently reside in long-term
storage at Edwards Air Force Base, California.
(b) <<NOTE: Deadline. Records.>> Notice on Approval.--Not later
than 15 days after the Secretary of Defense provides written approval to
the Secretary of the Air Force as described in subsection (a), the
Secretary of Defense shall provide a copy of the written approval to the
congressional defense committees.
SEC. 137. F-35 AIRCRAFT GUN SYSTEM AMMUNITION.
The <<NOTE: Consultation.>> Director of the F-35 Joint Program
Office shall, in consultation with the Secretary of the Air Force, take
appropriate actions to ensure that any 25mm ammunition fielded for use
by F-35A aircraft--
(1) provides effective full-spectrum target engagement
capability; and
[[Page 134 STAT. 3433]]
(2) meets the required operational employment probability of
kill specifications for the F-35A aircraft.
SEC. 138. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS FOR
RETIREMENT OF RC-135 AIRCRAFT.
Section 148(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1243) is amended by inserting
``, or for fiscal year 2021,'' after ``for fiscal year 2020''.
SEC. 139. MODIFICATION TO LIMITATION ON RETIREMENT OF U-2 AND RQ-4
AIRCRAFT.
Section 136 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1317) is amended by striking
subsection (b) and inserting the following new subsection (b):
``(b) <<NOTE: Determinations. Analyses. Certifications.>> Waiver.--
The Secretary of Defense may waive a certification requirement under
paragraphs (1) or (2) of subsection (a) with respect to U-2 aircraft or
RQ-4 aircraft if the Secretary--
``(1) with respect to the requirement under paragraph (1) of
that subsection--
``(A) determines, after analyzing sufficient and
relevant data, that a greater capability is worth
increased operating and sustainment costs; and
``(B) provides to the appropriate committees of
Congress a certification on such determination and
supporting analysis; and
``(2) with respect to the requirement under paragraph (2) of
that subsection--
``(A) determines, after analyzing sufficient and
relevant data, that a loss in capacity and capability
will not prevent the combatant commands from
accomplishing their missions at acceptable levels of
risk; and
``(B) provides to the appropriate committees of
Congress a certification of such determination and
supporting analysis.''.
SEC. 140. MODIFICATION OF LIMITATION ON AVAILABILITY OF FUNDS FOR
RETIREMENT OF E-8 JSTARS AIRCRAFT.
Section 147 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1669) is amended--
(1) <<NOTE: Certification.>> in subsection (a), by striking
``certifies to the congressional defense committees that
Increment 2 of the Advanced Battle-Management System of the Air
Force has declared initial operational capability as defined in
the Capability Development Document for the System'' and
inserting ``certifies to the congressional defense committees
that--
``(1) the Secretary has identified--
``(A) a capability with sufficient capacity to
replace the current fleet of 16 E-8 Joint Surveillance
Target Attack Radar System aircraft in a manner that
meets global combatant command requirements; and
``(B) potential global basing locations for such
capability; and
``(2) such replacement capability delivers capabilities that
are comparable or superior to the capabilities delivered by such
aircraft.''; and
(2) in subsection (c)--
[[Page 134 STAT. 3434]]
(A) in paragraph (3), by striking ``Increment 1, 2,
and 3''; and
(B) in paragraph (4), by striking ``until Increment
2 of the Advanced Battle-Management System declares
initial operational capability'' and inserting ``until
the Advanced Battle Management System delivers
equivalent capability''.
SEC. 141. LIMITATION ON DIVESTMENT OF F-15C AIRCRAFT WITHIN THE
EUROPEAN THEATER.
(a) <<NOTE: Time period.>> In General.--The Secretary of the Air
Force may not divest any F-15C aircraft within the area of
responsibility of the United States European Command until 180 days
after the report required by subsection (b) is submitted to the
congressional defense committees.
(b) Report.--
(1) <<NOTE: Consultation. Strategy. Implementation plan.>>
In general.--Not later than March 1, 2021, the Commander of the
United States European Command shall, in consultation with the
Commander of United States Air Forces Europe, submit to the
congressional defense committees a report that describes the
strategy, force structure construct and capacity, and strategy
implementation plan to replace the capability and capacity
provided by the F-15C aircraft in the area of responsibility of
the United States European Command in a manner that maintains an
inherent and equal or better air superiority capability and
capacity to that provided by the F-15C aircraft in that area of
responsibility.
(2) <<NOTE: Classified information.>> Form.--The report
under paragraph (1) shall submitted in unclassified form, but
may contain a classified annex.
SEC. 142. MODERNIZATION PLAN FOR AIRBORNE INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE.
(a) Modernization Plan.--
(1) In general.--The Secretary of the Air Force shall
develop a comprehensive plan for the modernization of airborne
intelligence, surveillance, and reconnaissance, which shall--
(A) ensure the alignment between requirements, both
current and future, and Air Force budget submissions to
meet such requirements; and
(B) inform the preparation of future defense program
and budget requests by the Secretary, and the
consideration of such requests by Congress.
(2) <<NOTE: Analyses.>> Elements.--The plan required by
paragraph (1) shall include the following:
(A) <<NOTE: Assessment.>> An assessment of all
airborne intelligence, surveillance, and reconnaissance
missions, both current missions and future missions
anticipated to be necessary to support the national
defense strategy.
(B) An analysis of platforms, capabilities, and
capacities necessary to fulfill such current and future
missions.
(C) The anticipated life-cycle budget associated
with each platform, capability, and capacity requirement
for both current and anticipated future requirements.
(D) An analysis showing operational, budget, and
schedule trade-offs between sustainment of currently
fielded capabilities, modernization of currently fielded
capabilities, and development and production of new
capabilities.
[[Page 134 STAT. 3435]]
(b) Report to Congress.--
(1) In general.--Not later than March 30, 2021, the
Secretary of the Air Force shall submit to the congressional
defense committees a report that includes--
(A) the comprehensive modernization plan required by
subsection (a); and
(B) <<NOTE: Strategy.>> a strategy for carrying out
such plan through fiscal year 2030.
(2) <<NOTE: Classified information.>> Form.--The report
required under paragraph (1) shall be submitted in unclassified
form, but may include a classified annex.
SEC. 143. RC-26B MANNED INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE AIRCRAFT.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2021 for the Air Force may be obligated or
expended to retire, divest, realign, or place in storage or on backup
aircraft inventory status, or prepare to retire, divest, realign, or
place in storage or on backup aircraft inventory status, any RC-26B
aircraft.
(b) <<NOTE: Determination.>> Exception.--The limitation in
subsection (a) shall not apply to individual RC-26B aircraft that the
Secretary of the Air Force determines, on a case-by-case basis, to be no
longer mission capable because of mishap or other damage.
(c) <<NOTE: Transfer authority.>> Funding for Aircraft Platform.--
(1) Of the amount authorized to be appropriated for fiscal
year 2021 by section 301 for operation and maintenance and
available for operation and maintenance, Air National Guard, as
specified in the funding table in section 4301, the Secretary of
the Air Force may transfer up to $18,500,000 to be used in
support of the RC-26B manned intelligence, surveillance, and
reconnaissance platform.
(2) Of the amount authorized to be appropriated for fiscal
year 2021 by section 421 and available for military personnel
for military personnel, Air National Guard, specified in the
funding table in section 4401, the Secretary of the Air Force
may transfer up to $13,000,000 to be used in support of
personnel who operate and maintain the RC-26B manned
intelligence, surveillance, and reconnaissance platform.
(d) Memoranda of Agreement.--Notwithstanding any other provision of
law, the Secretary of Defense may enter into one or more memoranda of
agreement or cost sharing agreements with other departments and agencies
of the Federal Government under which the RC-26B aircraft may be used to
assist with the missions and activities of such departments and
agencies.
SEC. 144. <<NOTE: Nevada.>> 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.
[[Page 134 STAT. 3436]]
SEC. 145. REQUIRED SOLUTION FOR KC-46 AIRCRAFT REMOTE VISUAL
SYSTEM LIMITATIONS.
The Secretary of the Air Force shall develop and implement a
complete, permanent solution to the KC-46 aircraft remote visual system
(RVS) operational limitations. <<NOTE: Deadline. Implementation
strategy.>> Not later than February 1, 2021, the Secretary shall submit
to the congressional defense committees an implementation strategy for
the solution.
SEC. 146. <<NOTE: Deadlines.>> ANALYSIS OF MOVING TARGET
INDICATOR REQUIREMENTS AND ADVANCED BATTLE
MANAGEMENT SYSTEM CAPABILITIES.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Certification.>> In general.--Not later than 60
days after the Secretary of the Air Force develops the analysis
under subsection (a), the Joint Requirements Oversight Council
(JROC) shall certify that requirements for the Advanced Battle
Management System incorporate the findings of the analysis.
(2) <<NOTE: Briefing.>> Congressional notification.--The
Joint Requirements Oversight Council shall notify the
congressional defense committees upon making the certification
required under paragraph (1), and provide a briefing on the
requirements and findings described in such paragraph not later
than 30 days after such notification.
SEC. 147. STUDY ON MEASURES TO ASSESS COST-PER-EFFECT FOR KEY
MISSION AREAS.
(a) <<NOTE: Deadline.>> In General.--Not later than January 1,
2021, the Secretary of the Air Force shall provide for the performance
of an independent study designed to devise new measures to assess cost-
per-effect for key mission areas of the Air Force. The study shall be
conducted by a Federally funded research and development center selected
by the Secretary for purposes of the study.
(b) Scope.--The study conducted pursuant to subsection (a) shall
address the following matters:
(1) Number of weapon systems required to meet a specified
mission goal.
(2) Number of personnel required to meet a specified mission
goal.
(3) Associated operation and maintenance costs necessary to
facilitate respective operational constructs.
(4) Basing requirements for respective force constructs.
(5) Mission support elements required to facilitate
specified operations.
(6) Defensive measures required to facilitate viable mission
operations.
(7) Attrition due to enemy countermeasures and other loss
factors associated with respective technologies.
(8) Associated weapon effects costs compared to alternative
forms of power projection.
[[Page 134 STAT. 3437]]
(c) Implementation of Measures.--The Secretary shall, as the
Secretary considers appropriate, incorporate the findings of the study
conducted pursuant to subsection (a) into the future force development
processes of the Air Force. The measures--
(1) should be domain and platform agnostic;
(2) should focus on how best to achieve mission goals in
future operations; and
(3) shall consider including cost-per-effect metrics as a
key performance parameter for any Air Force acquisition programs
that enter the Joint Capabilities Integration and Development
System (JCIDS) requirements process of the Department of
Defense.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 151. BUDGETING FOR LIFE-CYCLE COSTS OF AIRCRAFT FOR THE ARMY,
NAVY, AND AIR FORCE.
(a) In General.--Chapter 9 of title 10, United States Code, is
amended by inserting after section 231 the following new section:
``Sec. 231a. <<NOTE: 10 USC 231a.>> Budgeting for life-cycle
costs of aircraft for the Army, Navy, and Air
Force: annual plan and certification
``(a) <<NOTE: Deadline.>> Annual Aircraft Procurement Plan and
Certification.--Not later than 30 days after the date on which the
President submits to Congress the budget for a fiscal year, the
Secretary of Defense shall submit to the congressional defense
committees the following:
``(1) A plan for the procurement of the aircraft specified
in subsection (b) for each of the Department of the Army, the
Department of the Navy, and the Department of the Air Force
developed in accordance with this section.
``(2) A certification by the Secretary that both the budget
for such fiscal year and the future-years defense program
submitted to Congress in relation to such budget under section
221 of this title provide for funding of the procurement of
aircraft at a level that is sufficient for the procurement of
the aircraft provided for in the plan under paragraph (1) on the
schedule provided in the plan.
``(b) Covered Aircraft.--The aircraft specified in this subsection
are the aircraft as follows:
``(1) Fighter aircraft.
``(2) Attack aircraft.
``(3) Bomber aircraft.
``(4) Intertheater lift aircraft.
``(5) Intratheater lift aircraft.
``(6) Intelligence, surveillance, and reconnaissance
aircraft.
``(7) Tanker aircraft.
``(8) Remotely piloted aircraft.
``(9) Rotary-wing aircraft.
``(10) Operational support and executive lift aircraft.
``(11) Any other major support aircraft designated by the
Secretary of Defense for purposes of this section.
``(c) Annual Aircraft Procurement Plan.--(1) The annual aircraft
procurement plan developed for a fiscal year for purposes of subsection
(a) should be designed so that the aviation force
[[Page 134 STAT. 3438]]
provided for under the plan is capable of supporting the national
military strategy of the United States as set forth in the most recent
National Defense Strategy submitted under section 113(g) of this title
and the most recent National Military Strategy submitted under section
153(b) of this title.
``(2) Each annual aircraft procurement plan shall include the
following:
``(A) <<NOTE: Time period.>> A detailed program for the
procurement of the aircraft specified in subsection (b) for each
of the Department of the Army, the Department of the Navy, and
the Department of the Air Force over the next 15 fiscal years.
``(B) A description of the aviation force structure
necessary to meet the requirements of the national military
strategy of the United States.
``(C) <<NOTE: Cost estimate.>> 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) <<NOTE: Cost estimate.>> The estimated level of
annual funding necessary to operate, maintain, sustain, and
support each aircraft program throughout the life-cycle of the
program, set forth in aggregate for the Department of Defense
and in aggregate for each military department.
``(E) For each of the cost estimates required by
subparagraphs (C) and (D)--
``(i) a description of whether the cost estimate is
derived from the cost estimate position of the military
department concerned or from the cost estimate position
of the Office of Cost Assessment and Program Evaluation;
``(ii) if the cost estimate position of the military
department and the cost estimate position of the Office
of Cost Assessment and Program Evaluation differ by more
than 5 percent for any aircraft program, an annotated
cost estimate difference and sufficient rationale to
explain the difference;
``(iii) the confidence or certainty level associated
with the cost estimate for each aircraft program; and
``(iv) <<NOTE: Certification.>> a certification
that the calculations from which the cost estimate is
derived are based on common cost categories used by the
Under Secretary of Defense for Acquisition and
Sustainment for calculating the life-cycle cost of an
aircraft program.
``(F) <<NOTE: Assessment.>> An assessment by the Secretary
of Defense of the extent to which the combined aircraft forces
of the Department of the Army, the Department of the Navy, and
the Department of the Air Force meet the national security
requirements of the United States.
``(3) For any cost estimate required by subparagraph (C) or (D) of
paragraph (2) for any aircraft program for which the Secretary is
required to include in a report under section 2432 of this title, the
source of the cost information used to prepare the annual aircraft plan
shall be derived from the Selected Acquisition Report data that the
Secretary plans to submit to the congressional defense committees in
accordance with subsection (f) of that section for the year for which
the annual aircraft procurement plan is prepared.
[[Page 134 STAT. 3439]]
``(4) <<NOTE: Classified information.>> Each annual aircraft
procurement plan shall be submitted in unclassified form, and shall
contain a classified <<NOTE: Summary. Public information.>> annex. A
summary version of the unclassified report shall be made available to
the public.
``(d) Assessment When Aircraft Procurement Budget Is Insufficient to
Meet Applicable Requirements.--If the budget for any fiscal year
provides for funding of the procurement of aircraft for the Department
of the Army, the Department of the Navy, or the Department of the Air
Force at a level that is not sufficient to sustain the aviation force
structure specified in the aircraft procurement plan for such Department
for that fiscal year under subsection (a), the Secretary shall include
with the defense budget materials for that fiscal year an assessment
that describes the funding shortfall and discusses the risks associated
with the reduced force structure of aircraft that will result from
funding aircraft procurement at such level. The assessment shall be
coordinated in advance with the commanders of the combatant commands.
``(e) Annual Report on Aircraft Inventory.--(1) As part of the
annual plan and certification required to be submitted under this
section, the Secretary shall include a report on the aircraft in the
inventory of the Department of Defense.
``(2) Each report under paragraph (1) shall include the following,
for the year covered by such report, the following:
``(A) The total number of aircraft in the inventory.
``(B) The total number of the aircraft in the inventory that
are active, stated in the following categories (with appropriate
subcategories for mission aircraft, training aircraft, dedicated
test aircraft, and other aircraft):
``(i) Primary aircraft.
``(ii) Backup aircraft.
``(iii) Attrition and reconstitution reserve
aircraft.
``(C) The total number of the aircraft in the inventory that
are inactive, stated in the following categories:
``(i) Bailment aircraft.
``(ii) Drone aircraft.
``(iii) Aircraft for sale or other transfer to
foreign governments.
``(iv) Leased or loaned aircraft.
``(v) Aircraft for maintenance training.
``(vi) Aircraft for reclamation.
``(vii) Aircraft in storage.
``(D) The aircraft inventory requirements approved by the
Joint Chiefs of Staff.
``(3) Each report under paragraph (1) shall set forth each item
specified in paragraph (2) separately for the regular component of each
armed force and for each reserve component of each armed force and, for
each such component, shall set forth each type, model, and series of
aircraft provided for in the future-years defense program that covers
the fiscal year for which the budget accompanying the plan,
certification and report is submitted.
``(f) Budget Defined.--In this section, the term `budget' means the
budget of the President for a fiscal year as submitted to Congress
pursuant to section 1105 of title 31.''.
[[Page 134 STAT. 3440]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of such title <<NOTE: 10 USC 221 prec.>> is amended by
inserting after the item relating to section 231 the following new item:
``231a. Budgeting for life-cycle costs of aircraft for the Army, Navy,
and Air Force: annual plan and certification.''.
SEC. 152. <<NOTE: Deadlines. Time periods. 10 USC 113 note.>>
TRANSFER OF RESPONSIBILITIES AND FUNCTIONS
RELATING TO ELECTROMAGNETIC SPECTRUM
OPERATIONS.
(a) Transfer.--Not later than two years after the date of the
enactment of this Act and in accordance with the plan developed pursuant
to subsection (b), the Secretary of Defense shall transfer to an
appropriate entity within the Department of Defense all the
responsibilities and functions of the Commander of the United States
Strategic Command that are germane to electromagnetic spectrum
operations (EMSO), including--
(1) advocacy for joint electronic warfare capabilities;
(2) providing contingency electronic warfare support to
other combatant commands; and
(3) supporting combatant command joint training and planning
related to electromagnetic spectrum operations.
(b) Plan for Transfer of Responsibilities.--
(1) In general.--Not later than 180 days before the date of
the transfer of responsibilities required by subsection (a), the
Secretary shall develop a plan to carry out the transfer.
(2) Considerations.--In developing the plan required by
paragraph (1), the Secretary shall consider the following:
(A) All appropriate entities having potential for
designation as the receiving electromagnetic spectrum
operations organization, including elements of the Joint
Staff, the functional and geographic combatant commands,
Department of Defense offices and agencies, and other
organizations, including the establishment of a new
entity for that purpose within any such entity.
(B) Whether the receiving electromagnetic spectrum
operations organization should have a unitary structure
or hybrid structure (in which operational and capability
development and direction are headed by separate
organizations).
(C) The resources required by the receiving
electromagnetic spectrum operations organization to
fulfill the responsibilities and functions specified in
subsection (a).
(D) The results of the evaluations carried out
pursuant to subsections (c) and (d).
(3) Submittal to congress.--Not later than 180 days before
the date of the transfer of responsibilities required by
subsection (a), the Secretary shall submit to Congress the
following:
(A) The plan developed under paragraph (1).
(B) The construct and elements of the receiving
electromagnetic spectrum operations organization under
the plan, including the allocation of responsibilities
among senior officials in such organization.
(C) <<NOTE: Analysis.>> The analysis conducted to
determine the electromagnetic spectrum operations
organization, including the input in the plan or
analysis of the results of consultation
[[Page 134 STAT. 3441]]
with any independent entities involved in development of
the plan.
(D) The resources required to implement the plan,
and a timeline for the receiving electromagnetic
spectrum operations organization to reach initial
operational capability and full operational capability.
(c) Evaluations of Armed Forces.--
(1) In general.--Not later than October 1, 2021, and
annually thereafter through 2025, the Chief of Staff of the
Army, the Chief of Naval Operations, the Chief of Staff of the
Air Force, the Commandant of the Marine Corps, and the Chief of
Space Operations shall each carry out an evaluation of the
ability of the Armed Force concerned to perform electromagnetic
spectrum operations missions required by each of the following:
(A) The Electromagnetic Spectrum Superiority
Strategy.
(B) The Joint Staff-developed concept of operations
for electromagnetic spectrum operations.
(C) The operations and contingency plans of the
combatant commands.
(2) Elements.--Each evaluation under paragraph (1) shall
include assessment of the following:
(A) Current programs of record, including--
(i) the ability of weapon systems to perform
missions in contested electromagnetic spectrum
environments; and
(ii) the ability of electronic warfare
capabilities to disrupt adversary operations.
(B) Future programs of record, including--
(i) the need for distributed or network-
centric electronic warfare and signals
intelligence capabilities; and
(ii) the need for automated and machine
learning- or artificial intelligence-assisted
electronic warfare capabilities.
(C) Order of battle.
(D) Individual and unit training.
(E) Tactics, techniques, and procedures, including--
(i) maneuver, distribution of assets, and the
use of decoys; and
(ii) integration of nonkinetic and kinetic
fires.
(d) Evaluations of Combatant Commands.--
(1) In general.--Not later than October 1, 2021, and
annually thereafter through 2025, the Commander of the United
States European Command, the Commander of the United States
Pacific Command, and the Commander of the United States Central
Command shall each carry out an evaluation of the plans and
posture of the command concerned to execute the electromagnetic
spectrum operations envisioned in each of the following:
(A) The Electromagnetic Spectrum Superiority
Strategy.
(B) The Joint Staff-developed concept of operations
for electromagnetic spectrum operations.
(2) Elements.--Each evaluation under paragraph (1) shall
include assessment of the following:
(A) Operation and contingency plans.
[[Page 134 STAT. 3442]]
(B) The manning, organizational alignment, and
capability of joint electromagnetic spectrum operations
cells.
(C) Mission rehearsal and exercises.
(D) Force positioning, posture, and readiness.
(e) Semiannual Briefing.--Not less frequently than twice each year
until January 1, 2026, the Vice Chairman of the Joint Chiefs of Staff
shall brief the Committees on Armed Services of the Senate and the House
of Representatives on the implementation of this section by each of the
Joint Staff, the Armed Forces, and the combatant commands.
SEC. 153. <<NOTE: 10 USC 142 note.>> CRYPTOGRAPHIC MODERNIZATION
SCHEDULES.
(a) Cryptographic Modernization Schedules Required.--Each of the
Secretaries of the military departments and the heads of relevant
Defense Agencies and Department of Defense Field Activities shall
establish and maintain a cryptographic modernization schedule that
specifies, for each pertinent weapon system, command and control system,
or data link under the jurisdiction of such Secretary or head, including
those that use commercial encryption technologies (as relevant), the
following:
(1) The last year of use for applicable cryptographic
algorithms.
(2) Anticipated key extension requests for systems where
cryptographic modernization is assessed to be overly burdensome
and expensive or to provide limited operational utility.
(3) The funding and deployment schedule for modernized
cryptographic algorithms, keys, and equipment over the future-
years defense program submitted to Congress pursuant to section
221 of title 10, United States Code, in 2021 together with the
budget of the President for fiscal year 2022.
(b) Requirements for Chief Information Officer.--The Chief
Information Officer of the Department of Defense shall--
(1) oversee the construction and implementation of the
cryptographic modernization schedules required by subsection
(a);
(2) establish and maintain an integrated cryptographic
modernization schedule for the entire Department of Defense,
collating the cryptographic modernization schedules required
under subsection (a); and
(3) <<NOTE: Coordination.>> in coordination with the
Director of the National Security Agency and the Joint Staff
Director for Command, Control, Communications, and Computers/
Cyber, use the budget certification, standard-setting, and
policy-making authorities provided in section 142 of title 10,
United States Code, to amend Armed Force and Defense Agency and
Field Activity plans for key extension requests and
cryptographic modernization funding and deployment that pose
unacceptable risk to military operations.
(c) <<NOTE: Deadline.>> Annual Notices.--Not later than January 1,
2022, and not less frequently than once each year thereafter until
January 1, 2026, the Chief Information Officer and the Joint Staff
Director shall jointly submit to the congressional defense committees
notification of all--
(1) delays to or planned delays of Armed Force and Defense
Agency and Field Activity funding and deployment of modernized
cryptographic algorithms, keys, and equipment over the previous
year; and
[[Page 134 STAT. 3443]]
(2) changes in plans or schedules surrounding key extension
requests and waivers, including--
(A) unscheduled or unanticipated key extension
requests; and
(B) unscheduled or unanticipated waivers and
nonwaivers of scheduled or anticipated key extension
requests.
SEC. 154. DEPARTMENT OF DEFENSE PARTICIPATION IN THE SPECIAL
FEDERAL AVIATION REGULATION WORKING GROUP.
(a) Designation of DoD Representatives.--The Secretary of Defense
shall designate the Department of Defense representatives to the Special
Federal Aviation Regulation Working Group.
(b) Limitation on Availability of Funds for OSD.--Of the aggregate
amount authorized to be appropriated by this Act for fiscal year 2021
and available for the Office of the Secretary of Defense, not more than
75 percent may be obligated or expended until the later of the
following:
(1) <<NOTE: Certification.>> The date on which Secretary
certifies, in writing, to the appropriate committees of Congress
that the Department representatives to the Special Federal
Aviation Regulation Working Group have been designated as
required by subsection (a).
(2) <<NOTE: Recommenda- tions.>> The date on which the
Special Federal Aviation Regulation Working Group submits to the
appropriate committees of Congress initial recommendations
developed pursuant to subsection (b)(4) of section 1748 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1847).
(c) Report on Findings and Recommendations.--
(1) In general.--Not later than June 30, 2021, the Special
Federal Aviation Regulation Working Group shall submit to the
appropriate committees of Congress a report setting forth the
findings and recommendations of the Working Group as developed
pursuant to subsection (b) of section 1748 of the National
Defense Authorization Act for Fiscal Year 2020.
(2) Conforming amendments.--Section 1748 of the National
Defense Authorization Act for Fiscal Year 2020 is amended--
(A) by striking subsection (d); and
(B) in subsection (e), by striking ``subsection
(d)'' and inserting ``section 154(c)(1) of the William
M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021''.
(d) Certification in Connection With Contracts With Foreign
Companies for Aviation Services Overseas.--
(1) In general.--Subject to paragraph (2), the Department of
Defense may not enter into a contract with a foreign company as
contracted aviation support to provide aviation services in an
overseas area unless the Secretary certifies, in writing, to the
appropriate committees of Congress each of the following:
(A) That the use of foreign companies to provide
such services in overseas areas is required for the
national security of the United States.
(B) That the Department has exhausted all available
authorities to use United States companies to provide
such services in overseas areas.
[[Page 134 STAT. 3444]]
(2) Sunset.--The requirement in paragraph (1) shall expire
on the later of--
(A) the date on which the Special Federal Aviation
Regulation Working Group submits to the appropriate
committees of Congress the report required by subsection
(c)(1); and
(B) the date on which the Secretary fully implements
the recommendations contained in that report.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of
the Senate; and
(B) the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the
House of Representatives.
(2) The term ``Special Federal Aviation Regulation Working
Group'' means the working group established pursuant to section
1748 of the National Defense Authorization Act for Fiscal Year
2020.
SEC. 155. INTEGRATED AIR AND MISSILE DEFENSE ASSESSMENT.
(a) <<NOTE: Deadline.>> Certification on Directive of IAMD
Responsibilities and Authorities.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall, in
coordination with the Chairman of the Joint Chiefs of Staff and the
Secretaries of the military departments, certify that Department of
Defense Directive 5100.01 is current and accurate with respect to
integrated air and missile defense (IAMD) responsibilities and
authorities in support of joint and combined land, sea, air, space and
special forces operations, and in obtaining and maintaining air
superiority or supremacy as required.
(b) IAMD Assessment by Chairman of the Joint Chiefs of Staff.--
(1) <<NOTE: Coordination.>> In general.--The Chairman of
the Joint Chiefs of Staff shall, in coordination with the
Secretaries of the military departments and the Director of the
Missile Defense Agency, conduct a comprehensive classified
assessment of threats to, and capabilities and capacities of,
current and planned integrated air and missile defense
technologies and force structure to meet the requirements of the
combatant commands in support of the National Defense Strategy.
(2) <<NOTE: Analyses.>> Elements.--The assessment required
by paragraph (1) shall include the following:
(A) Characterization and analysis of current and
emerging threats, including the following:
(i) Cruise, hypersonic, and ballistic
missiles.
(ii) Unmanned aerial systems.
(iii) Rockets and other indirect fire.
(iv) Specific and meaningfully varied examples
within each of clauses (i) through (iii).
(B) Analysis of current and planned integrated air
and missile defense capabilities to counter the threats
characterized and analyzed under subparagraph (A),
including the following:
(i) <<NOTE: Timelines.>> Projected timelines
for development, procurement, and fielding of
needed capabilities to defend
[[Page 134 STAT. 3445]]
against current and anticipated threats, based on
intelligence assessments of such threats.
(ii) Projected capability and capacity gaps in
addressing the threats characterized and assessed
under subparagraph (A), including a delineation of
unfulfilled integrated air and missile defense
requirements by combatant command.
(iii) <<NOTE: Risk assessment.>> Risk
assessment of projected capability and capacity
gaps addressing integrated air and missile defense
requirements of the combatant commands and the
National Defense Strategy.
(iv) Opportunities for acceleration or need
for incorporation of interim capabilities to
address current and projected gaps.
(v) Opportunities to leverage allied
contributions for integrated air and missile
defense capabilities and capacities to meet
requirements of the combatant commands.
(C) <<NOTE: Assessments.>> Assessment of the
integrated air and missile defense command, control, and
intelligence systems and architecture, including the
following:
(i) A description of the integrated air and
missile defense architecture, and the component
counter unmanned aerial system (C-UAS) sub-
architecture of such architecture.
(ii) Identification of the critical command
and control (C2) systems.
(iii) Integration or interoperability of the
command and control systems.
(iv) Integration, interoperability, or
compatibility of the command and control systems
with planned Joint All Domain Command and Control
(JADC2) architecture.
(3) Characterization.--
(A) In general.--In carrying out the assessment
required by paragraph (1), the Chairman shall clearly,
on a technical and operational basis, distinguish
between distinctly different threats in the same general
class.
(B) Example.--The Chairman shall, for example,
ensure that the assessment is not limited to a broad
characterization, such as ``cruise missiles'', since
such characterization does not sufficiently distinguish
between current cruise missiles and emerging hypersonic
cruise missiles, which may require different
capabilities to counter them.
(4) Interim briefing and report.--
(A) <<NOTE: Deadline.>> Interim briefing.--Not
later than 60 days after the date of the enactment of
this Act, the Chairman shall brief the Committees on
Armed Services of the Senate and the House of
Representatives on the assessment under paragraph (1).
(B) Report.--Not later than 180 days after the date
of the enactment of this Act, the Chairman shall submit
to the Committees on Armed Services of the Senate and
the House of Representatives a report on the findings of
the assessment conducted under paragraph (1).
[[Page 134 STAT. 3446]]
(c) Secretary of the Military Department Briefings on Response to
IAMD Assessment.--
(1) <<NOTE: Deadline.>> In general.--Not later than 90 days
after the submittal of the report required by subsection
(b)(4)(B), the Secretary of the Army, the Secretary of the Navy,
and the Secretary of the Air Force shall each brief the
Committees on Armed Services of the Senate and the House of
Representatives on the manner in which the military department
under the jurisdiction of such Secretary intends to fulfill the
global integrated air and missile defense requirements of the
combatant commands in accordance with Department of Defense
Directive 5100.01.
(2) <<NOTE: Analyses.>> Elements.--Each briefing under
paragraph (1) shall include, for the military department covered
by such briefing, the following:
(A) Analysis of current and planned integrated air
and missile defense capabilities to counter the threats
characterized and analyzed under subsection (b)(2)(A),
including the following:
(i) <<NOTE: Timelines.>> Projected timelines
and costs for development, procurement, and
fielding of planned integrated air and missile
defense capabilities.
(ii) Projected capability gaps and an
assessment of associated risk.
(iii) Opportunities for acceleration or need
for incorporation of interim capabilities to
address current and projected gaps.
(B) Analysis of current and planned capacity to meet
major contingency plan requirements and ongoing global
operations of the combatant commands, including the
following:
(i) Current and planned numbers of integrated
air and missile defense systems and formations,
including associated munitions.
(ii) Capacity gaps, and an assessment of
associated risk, in addressing combatant command
requirements.
(iii) Operations tempo stress on integrated
air and missile defense formations and personnel.
(iv) Plans to sustain or to increase
integrated air and missile defense personnel and
formations.
(C) Assessment of proponency and the distribution of
responsibility and authority for policy and program
planning, budgeting, and execution within the military
department for integrated air and missile defense and
counter-unmanned aerial systems, including the
following:
(i) A description of the current proponency
structure.
(ii) An assessment of the adequacy of the
current proponency structure to facilitate
integrated air and missile defense and counter
unmanned aerial systems functions for the
Department of Defense.
(D) Assessment of the feasibility and advisability
of establishing one or more centers of excellence for
integrated air and missile defense, counter unmanned
aerial systems, or both for purposes of planing,
organizing, and managing the military department and
joint force efforts to achieve
[[Page 134 STAT. 3447]]
a functional capability and capacity to meet the
requirements of the combatant commands.
SEC. 156. <<NOTE: 10 USC 2859 note.>> JOINT STRATEGY FOR AIR BASE
DEFENSE AGAINST MISSILE THREATS.
(a) Strategy Required.--The Chief of Staff of the Air Force and the
Chief of Staff of the Army shall jointly develop and carry out a
strategy to address the defense of air bases and prepositioned sites
outside the continental United States against current and emerging
missile threats, as validated by the Defense Intelligence Agency.
(b) <<NOTE: Deadline.>> Certification and Strategy.--Not later than
June 1, 2021, the Chief of Staff of the Air Force and the Chief of Staff
of the Army shall jointly submit to the congressional defense committees
the following:
(1) A certification that the defense of air bases and
prepositioned sites outside the continental United States
against threats described in subsection (a) is being addressed
jointly.
(2) The strategy developed pursuant to subsection (a).
SEC. 157. <<NOTE: Deadlines.>> JOINT ALL DOMAIN COMMAND AND
CONTROL REQUIREMENTS.
(a) Validation of Requirements by Joint Requirements Oversight
Council.--Not later than April 1, 2021, the Joint Requirements Oversight
Council (JROC) shall validate requirements for Joint All Domain Command
and Control (JADC2).
(b) Air Force Certification.--Immediately after the validation of
requirements pursuant to subsection (a), the Chief of Staff of the Air
Force shall submit to the congressional defense committees a
certification that the current Joint All Domain Command and Control
effort, including programmatic and architecture efforts, being led by
the Air Force will meet the requirements validated by the Joint
Requirements Oversight Council.
(c) Certification by Other Armed Forces.-- Not later than July 1,
2021, the chief of staff of each Armed Force other than the Air Force
shall submit to the congressional defense committees a certification
whether the efforts of such Armed Force on multi-domain command and
control are compatible with Joint All Domain Command and Control
architecture.
(d) Budgeting.--The Secretary of Defense shall incorporate the
expected costs for full development and implementation of Joint All
Domain Command and Control across the Department of Defense in fiscal
year 2022 in the budget of the President for fiscal year 2022 as
submitted to Congress under section 1105 of title 31, United States
Code.
SEC. 158. EXPANSION OF ECONOMIC ORDER QUANTITY CONTRACTING
AUTHORITY FOR F-35 AIRCRAFT PROGRAM.
Section 161(a)(2) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1246) is amended by
striking ``$574,000,000'' and inserting ``$1,035,793,000''.
SEC. 159. DOCUMENTATION RELATING TO THE F-35 AIRCRAFT PROGRAM.
The <<NOTE: Deadline.>> Secretary of Defense shall submit to the
congressional defense committees, not later than 15 days following
Milestone C approval for the F-35 aircraft program pursuant to section
2366c
[[Page 134 STAT. 3448]]
of title 10, United States Code, or entering into a contract for the
full-rate production of F-35 aircraft, the documentation with respect to
the F-35 aircraft program as follows:
(1) <<NOTE: Certification.>> A certification by the Under
Secretary of Defense for Acquisition and Sustainment that--
(A) all alternative supply contractors for parts,
required for the airframe and propulsion prime
contractors of the F-35 aircraft program as a result of
the removal of the Republic of Turkey from the program,
have been identified, and all related undefinitized
contract actions have been definitized (as described in
section 7401 of part 217 of the Defense Federal
Acquisition Regulation Supplement);
(B) the parts produced by each such contractor have
been qualified and certified as meeting applicable
technical design and use specifications; and
(C) each such contractor has reached the required
rate of production to meet supply requirements for parts
under the program.
(2) <<NOTE: Cost analysis.>> A cost analysis, prepared by
the joint program office for the F-35 aircraft program, that
assesses and defines--
(A) the manner in which the full integration of
Block 4 and Technical Refresh 3 capabilities for each
lot of Block 4 production aircraft beginning after lot
14 will affect the average procurement unit cost of
United States variants of the F-35A, F-35B, and F-35C
aircraft; and
(B) the manner in which the establishment of
alternate sources of production and sustainment of
supply and repair parts due to the removal of the
Republic of Turkey from the program will affect such
unit cost.
(3) <<NOTE: Reports.>> All reports required by section 167
of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1250).
(4) <<NOTE: Cost estimate.>> An independent cost estimate,
prepared by Director of Cost Assessment and Program Evaluation,
that defines, for each phase of the F-35 aircraft program, the
cost to develop, procure, integrate, and retrofit F-35 aircraft
with all Block 4 capability requirements that are specified in
the most recent Block 4 capabilities development document.
(5) <<NOTE: Plan.>> A plan to correct or mitigate any
deficiency in the F-35 aircraft, identified as of the date of
enactment of this Act that--
(A) may cause death, severe injury or occupational
illness, or major loss or damage to equipment or a
system, and for which there is no identified workaround
(commonly known as a ``category 1A deficiency''); or
(B) critically restricts combat readiness
capabilities or results in the inability to attain
adequate performance to accomplish mission requirements
(commonly known as a ``category 1B deficiency'').
(6) <<NOTE: Plan.>> A software and hardware capability,
upgrade, and aircraft modification plan for the F-35 aircraft
that defines the cost and schedule for retrofitting F-35
aircraft that currently have Technical Refresh 2 capabilities
installed to ensure compatibility with Block 4 and Technical
Refresh 3 capabilities.
(7) <<NOTE: Reports.>> The following reports for the F-35
aircraft program, as prepared by the Director of Operational
Test and Evaluation:
[[Page 134 STAT. 3449]]
(A) A report on the results of the realistic
survivability testing of the F-35 aircraft, as described
in section 2366(d) of title 10, United States Code.
(B) A report on the results of the initial
operational test and evaluation conducted for program,
as described in section 2399(b)(2) of such title.
(8) <<NOTE: Mitigation strategy. Implementation plan.>> A
mitigation strategy and implementation plan to address each
critical deficiency in the F-35 aircraft autonomic logistics
information system that has been identified as of the date of
enactment of this Act.
(9) <<NOTE: Certification.>> A certification that the F-35A
aircraft meets required mission reliability performance using an
average sortie duration of 2 hours and 30 minutes.
(10) <<NOTE: Certification.>> A certification that the
Secretary has developed and validated a fully integrated and
realistic schedule for the development, production and
integration of Block 4 Technical Refresh 3 capabilities for the
F-35 aircraft, that includes a strategy for resolving all
software technical debt that has accumulated within the F-35
operational flight program source code during development,
production, and integration of Technical Refresh 1 and Technical
Refresh 2 capabilities.
(11) The following:
(A) <<NOTE: List.>> A complete list of hardware
modifications that will be required to integrate Block 4
capabilities into lot 16 and lot 17 production F-35
aircraft.
(B) <<NOTE: Cost estimate.>> An estimate of the
costs of any engineering changes required as a result of
such modifications.
(C) A comparison of those engineering changes and
costs with the engineering changes and costs for lot 15
production F-35 aircraft.
SEC. 160. <<NOTE: Coordination. Certification.>> F-35 AIRCRAFT
MUNITIONS.
Subject to the availability of appropriations, the Secretary of the
Air Force and the Secretary of the Navy shall, in coordination with the
Director of the F-35 Joint Program Office, certify for use by the Armed
Forces under the jurisdiction of such Secretary munitions for F-35
aircraft that are qualified on F-35 partner aircraft of North Atlantic
Treaty Organization (NATO) member nations as of the date of the
enactment of this Act.
SEC. 161. REDESIGN STRATEGY FOR THE AUTONOMIC LOGISTICS
INFORMATION SYSTEM FOR THE F-35 FIGHTER
AIRCRAFT.
(a) <<NOTE: Deadline. Consultation.>> In General.--Not later than
March 1, 2021, the Under Secretary of Defense for Acquisition and
Sustainment shall, in consultation with the Director of the F-35
Aircraft Joint Program Office, submit to the congressional defense
committees the following:
(1) <<NOTE: Reports.>> A report describing a program-wide
process for measuring, collecting, and tracking information on
the manner in which the F-35 Autonomic Logistics Information
System (ALIS) is affecting the performance of the F-35 aircraft
fleet, including its effects on aircraft availability and
mission capability and effectiveness rates.
(2) <<NOTE: Implementation plan. Assessment.>> A strategy
and implementation plan for the F-35 Operational Data Integrated
Network (ODIN) system that is being developed to replace the F-
35 Autonomic Logistics Information System, including an
identification and assessment of goals, key risks or
uncertainties, system performance metrics, and
[[Page 134 STAT. 3450]]
costs of designing, procuring, and fielding the F-35 Operational
Data Integrated Network system.
(b) <<NOTE: Effective date.>> Updates.--In each quarterly briefing
required by section 155 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public 115-232; 132 Stat. 1672)
for a calendar quarter beginning on or after January 1, 2022, the Under
Secretary and the Director shall include an update containing current
information on the following:
(1) The manner in which the F-35 Autonomic Logistics
Information System is affecting fleet performance of the F-35
aircraft fleet.
(2) The progress being made to develop, procure, and field
the F-35 Operational Data Integrated Network system.
SEC. 162. BRIEFINGS ON SOFTWARE REGRESSION TESTING FOR F-35
AIRCRAFT.
During <<NOTE: Consultation.>> the quarterly briefing required by
section 155 of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1672) covering a quarter
in which mission systems production software for the F-35 aircraft was
released to units operating such aircraft under the F-35 aircraft
continuous capability development and delivery program, the Under
Secretary of Defense for Acquisition and Sustainment shall, in
consultation with the Director of Operational Test and Evaluation, brief
the congressional defense committees with the following with respect to
the missions systems production software for the F-35 aircraft:
(1) An explanation of the types and methods of regression
testing that were completed for the production release of the
software concerned to ensure compatibility and proper
functionality with--
(A) the fire control radar system of each variant of
the F-35 aircraft; and
(B) all weapons certified for carriage and
employment on each variant of the F-35 aircraft.
(2) An identification of any entities that conducted
regression testing of such software, including any development
facilities of the Federal Government or contractors that
conducted such testing.
(3) <<NOTE: List.>> A list of deficiencies identified
during regression testing of such software, or by operational
units, after fielding of such software, and an explanation of--
(A) any software modifications, including quick-
reaction capability, that were completed to resolve or
mitigate such deficiencies;
(B) with respect to any deficiencies that were not
resolved or mitigated, whether the deficiencies will be
corrected in later releases of the software; and
(C) any effects resulting from such deficiencies,
including--
(i) any effects on the cost and schedule for
delivery of the software; and
(ii) in cases in which the deficiencies
resulted in additional, unplanned, software
releases, any effects on the ongoing testing of
software capability releases.
[[Page 134 STAT. 3451]]
SEC. 163. PROHIBITION ON USE OF FUNDS FOR THE ARMED OVERWATCH
PROGRAM.
None of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense may be used to,
and the Department may not--
(1) procure armed overwatch aircraft for the United States
Special Operations Command in fiscal year 2021; or
(2) procure armed overwatch aircraft for the Air Force in
fiscal years 2021 through 2023.
SEC. 164. ACCELERATION OF DEVELOPMENT AND FIELDING OF COUNTER
UNMANNED AIRCRAFT SYSTEMS ACROSS THE JOINT
FORCE.
(a) <<NOTE: Plan.>> Immediate Objective for Executive Agent for C-
sUAS.--The Executive Agent of the Joint Counter Small Unmanned Aircraft
Systems (C-sUAS) Office, as designated by the Under Secretary of Defense
for Acquisition and Sustainment, shall prioritize the objective of
developing and executing a plan to develop, test, and begin production
of a counter unmanned aircraft system that can be fielded as early as
fiscal year 2021 to meet immediate operational needs in countering Group
1, 2, and 3 unmanned aircraft systems and, to the extent practical, has
the potential to counter other, larger unmanned aircraft systems.
(b) Development and Fielding of C-sUAS Systems in Fiscal Year
2021.--In carrying out subsection (a), the Executive Agent shall
consider the selection of counter unmanned aircraft systems with
specific emphasis on systems that--
(1) have undergone successful realistic operational tests or
assessments, or have been or are currently deployed;
(2) will meet the operational requirements of deployed
forces facing current and anticipated unmanned aircraft system
(UAS) threats, including effectiveness against unmanned aircraft
systems that are not remotely piloted or are not reliant on a
command link;
(3) use autonomous and semi-autonomous systems and
processes;
(4) are affordable, with low operating and sustainment
costs;
(5) build, to the extent practicable, upon systems that were
selected for fielding in fiscal year 2021;
(6) reduce or accelerate the timeline for initial
operational capability and full operational capability of the
counter unmanned aircraft system prioritized by subsection (a);
(7) enable the flexible and continuous integration of
different types of sensors and mitigation solutions based on the
different demands of particular military installations and
deployed forces, physical geographies, and threat profiles; and
(8) are or include systems or component parts that are
commercial items, as required by section 3307 of title 41,
United States Code, including a common command and control
system.
(c) <<NOTE: Deadline.>> Briefing.--Not later than 90 days after the
date of the enactment of this Act, the Executive Agent shall brief the
congressional defense committees on the following:
(1) The selection process for counter unmanned aircraft
system capabilities prioritized by this section.
(2) The plan prioritized by subsection (a).
(d) Oversight.--The Executive Agent shall--
[[Page 134 STAT. 3452]]
(1) oversee the execution of all counter unmanned aircraft
systems being developed by the military departments as of the
day before the date of the enactment of this Act; and
(2) ensure that the plan prioritized by subsection (a)
guides future programmatic and funding decisions for activities
relating to counter unmanned aircraft systems, including any
cancellation of such activities.
SEC. 165. AIRBORNE INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE
ACQUISITION ROADMAP FOR THE UNITED STATES
SPECIAL OPERATIONS COMMAND.
(a) <<NOTE: Deadline.>> In General.--Not later than December 1,
2021, the Assistant Secretary of Defense for Special Operations and Low-
Intensity Conflict and the Commander of the United States Special
Operations Command shall jointly submit to the congressional defense
committees an acquisition roadmap to meet the manned and unmanned
airborne intelligence, surveillance, and reconnaissance requirements of
United States Special Operations Forces.
(b) Elements.--The roadmap required under subsection (a) shall
include the following:
(1) A description of the current platform requirements for
manned and unmanned airborne intelligence, surveillance, and
reconnaissance capabilities to support United States Special
Operations Forces.
(2) <<NOTE: Analysis.>> An analysis of the remaining
service life of existing manned and unmanned airborne
intelligence, surveillance, and reconnaissance capabilities
currently operated by United States Special Operations Forces.
(3) An identification of any current or anticipated gaps for
special operations-peculiar manned and unmanned airborne
intelligence, surveillance, and reconnaissance capabilities.
(4) A description of anticipated manned and unmanned
intelligence, surveillance, and reconnaissance platform
requirements of the United States Special Operations Forces,
including range, payload, endurance, ability to operate in
contested environments, and other requirements, as appropriate.
(5) A description of the manner in which the anticipated
requirements described in paragraph (4) are in alignment with
the National Defense Strategy and meet the challenge of
strategic competition and nation state intelligence collection
requirements.
(6) An explanation of the anticipated mix of manned and
unmanned aircraft, number of platforms, and associated aircrew
and maintainers for support of United States Special Operations
Forces.
(7) An explanation of the extent to which service-provided
manned and unmanned airborne intelligence, surveillance, and
reconnaissance capabilities will be required in support of
United States Special Operations Forces, and the manner in which
such capabilities will supplement and integrate with the organic
capabilities possessed by United States Special Operations
Forces.
(8) Any other matters the Assistant Secretary and the
Commander jointly consider appropriate.
[[Page 134 STAT. 3453]]
SEC. 166. PROHIBITION ON DIVESTITURE OF MANNED INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT
OPERATED BY UNITED STATES SPECIAL
OPERATIONS COMMAND.
(a) Prohibition.--No funds authorized to be appropriated by this Act
may be used to divest any manned intelligence, surveillance, and
reconnaissance aircraft operated by the United States Special Operations
Command, and the Department of Defense may not divest any manned
intelligence, surveillance, and reconnaissance aircraft operated by the
United States Special Operations Command in fiscal year 2021.
(b) Exception.--The prohibition in subsection (a) does not apply to
any divestment of aircraft described in that subsection that is ongoing
as of the date of the enactment of this Act.
SEC. 167. NOTIFICATION ON EFFORTS TO REPLACE INOPERABLE EJECTION
SEAT AIRCRAFT LOCATOR BEACONS.
(a) <<NOTE: Deadline. Time period.>> Notification.--Not later than
180 days after the date of the enactment of this Act, and on a semi-
annual basis thereafter until the date specified in subsection (b), the
Under Secretary of Defense for Acquisition and Sustainment shall submit
to the congressional defense committees a written notification that
describes, with respect to the period covered by the notification--
(1) the efforts of the service acquisition executives of the
Department of the Air Force and the Department of the Navy to
replace ejection seat aircraft locator beacons that are--
(A) installed on covered aircraft; and
(B) inoperable in water or in wet conditions; and
(2) the funding allocated for such efforts.
(b) Date Specified.--The date specified in this subsection is the
earlier of--
(1) <<NOTE: Determination.>> the date on which the Under
Secretary of Defense for Acquisition and Sustainment determines
that all ejection seat aircraft locator beacons installed on
covered aircraft are operable in water and wet conditions; or
(2) the date that is 5 years after the date of the enactment
of this Act.
(c) Definitions.--In this section:
(1) The term ``covered aircraft'' means aircraft of the Air
Force, the Navy, and the Marine Corps that are equipped with
ejection seats.
(2) The term ``service acquisition executive of the
Department of the Air Force'' does not include the Service
Acquisition Executive of the Department of the Air Force for
Space Systems and Programs described in section 957 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 10 U.S.C. 9016 note).
TITLE 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. Modification of requirements relating to certain cooperative
research and development agreements.
[[Page 134 STAT. 3454]]
Sec. 212. Disclosure requirements for recipients of Department of
Defense research and development funds.
Sec. 213. Modification of national security innovation activities and
pilot program on strengthening the defense industrial and
innovation base.
Sec. 214. Updates to Defense Quantum Information Science and Technology
Research and Development program.
Sec. 215. Establishment of Directed Energy Working Group.
Sec. 216. Extension of pilot program for the enhancement of the
research, development, test, and evaluation centers of the
Department of Defense.
Sec. 217. Designation of senior officials for critical technology areas
supportive of the National Defense Strategy.
Sec. 218. Executive agent for Autonomy.
Sec. 219. National security innovation partnerships.
Sec. 220. Social science, management science, and information science
research activities.
Sec. 221. Accountability measures relating to the Advanced Battle
Management System.
Sec. 222. Activities to improve fielding of Air Force hypersonic
capabilities.
Sec. 223. Disclosure of funding sources in applications for Federal
research and development awards.
Sec. 224. Governance of fifth-generation wireless networking in the
Department of Defense.
Sec. 225. Demonstration project on use of certain technologies for
fifth-generation wireless networking services.
Sec. 226. Research, development, and deployment of technologies to
support water sustainment.
Sec. 227. Limitation on contract awards for certain unmanned vessels.
Subtitle C--Artificial Intelligence and Emerging Technology
Sec. 231. Modification of biannual report on the Joint Artificial
Intelligence Center.
Sec. 232. Modification of joint artificial intelligence research,
development, and transition activities.
Sec. 233. Board of advisors for the Joint Artificial Intelligence
Center.
Sec. 234. Application of artificial intelligence to the defense reform
pillar of the National Defense Strategy.
Sec. 235. Acquisition of ethically and responsibly developed artificial
intelligence technology.
Sec. 236. Steering committee on emerging technology.
Subtitle D--Education and Workforce Development
Sec. 241. Measuring and incentivizing programming proficiency.
Sec. 242. Modification of Science, Mathematics, and Research for
Transformation (SMART) Defense Education Program.
Sec. 243. Improvements to Technology and National Security Fellowship of
Department of Defense.
Sec. 244. Modification of mechanisms for expedited access to technical
talent and expertise at academic institutions.
Sec. 245. Encouragement of contractor science, technology, engineering,
and mathematics (STEM) programs.
Sec. 246. Training program for human resources personnel in best
practices for technical workforce.
Sec. 247. Pilot program on the use of electronic portfolios to evaluate
certain applicants for technical positions.
Sec. 248. Pilot program on self-directed training in advanced
technologies.
Sec. 249. Part-time and term employment of university faculty and
students in the Defense science and technology enterprise.
Sec. 250. National security workforce and educational diversity
activities.
Sec. 251. Coordination of scholarship and employment programs of the
Department of Defense.
Sec. 252. Study on mechanisms for attracting and retaining high quality
talent in the Department of Defense.
Subtitle E--Sustainable Chemistry
Sec. 261. National coordinating entity for sustainable chemistry.
Sec. 262. Strategic plan for sustainable chemistry.
Sec. 263. Agency activities in support of sustainable chemistry.
Sec. 264. Partnerships in sustainable chemistry.
Sec. 265. Prioritization.
Sec. 266. Rule of construction.
Sec. 267. Major multi-user research facility project.
Subtitle F--Plans, Reports, and Other Matters
Sec. 271. Modification to annual report of the Director of Operational
Test and Evaluation.
[[Page 134 STAT. 3455]]
Sec. 272. Modification to Test Resource Management Center strategic plan
reporting cycle and contents.
Sec. 273. Modification of requirements relating to energetics plan to
include assessment of feasibility and advisability of
establishing a program office for energetics.
Sec. 274. Element in annual reports on cyber science and technology
activities on work with academic consortia on high priority
cybersecurity research activities in Department of Defense
capabilities.
Sec. 275. Repeal of quarterly updates on the Optionally Manned Fighting
Vehicle program.
Sec. 276. Microelectronics and national security.
Sec. 277. Independent evaluation of personal protective and diagnostic
testing equipment.
Sec. 278. Assessment on United States national security emerging
biotechnology efforts and capabilities and comparison with
adversaries.
Sec. 279. Annual reports regarding the SBIR program of the Department of
Defense.
Sec. 280. Reports on F-35 physiological episodes and mitigation efforts.
Sec. 281. Review and report on next generation air dominance
capabilities.
Sec. 282. Plan for operational test and utility evaluation of systems
for Low-Cost Attributable Aircraft Technology program.
Sec. 283. Independent comparative analysis of efforts by China and the
United States to recruit and retain researchers in national
security-related and defense-related fields.
Subtitle 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. MODIFICATION OF REQUIREMENTS RELATING TO CERTAIN
COOPERATIVE RESEARCH AND DEVELOPMENT
AGREEMENTS.
Section 2350a of title 10, United States Code, is amended--
(1) in subsection (b)(2), by striking ``and the Under
Secretary'' and inserting ``or the Under Secretary''; and
(2) in subsection (c)--
(A) by striking ``Each cooperative'' and inserting
``(1) Except as provided in paragraph (2), each
cooperative''; and
(B) by adding at the end the following new
paragraphs:
``(2) <<NOTE: Determination.>> A cooperative research and
development project may be entered into under this section under which
costs are shared between the participants on an unequal basis if the
Secretary of Defense, or an official specified in subsection (b)(2) to
whom the Secretary delegates authority under this paragraph, makes a
written determination that unequal cost sharing provides strategic value
to the United States or another participant in the project.
``(3) <<NOTE: Definition.>> For purposes of this subsection, the
term `cost' means the total value of cash and non-cash contributions.''.
[[Page 134 STAT. 3456]]
SEC. 212. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF DEPARTMENT OF
DEFENSE RESEARCH AND DEVELOPMENT FUNDS.
(a) Disclosure Requirements.--
(1) In general.--Chapter 139 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2374b. <<NOTE: 10 USC 2374b.>> Disclosure requirements for
recipients of research and development funds
``(a) In General.--Except as provided in subsections (b) and (c), an
individual or entity (including a State or local government) that uses
funds received from the Department of Defense to carry out research or
development activities shall include, in any public document pertaining
to such activities, a clear statement indicating the dollar amount of
the funds received from the Department for such activities.
``(b) Exception.--The disclosure requirement under subsection (a)
shall not apply to a public document consisting of fewer than 280
characters.
``(c) Waiver.--The Secretary of Defense may waive the disclosure
requirement under subsection (a) on a case-by-case basis.
``(d) Public Document Defined.--In this section, the term `public
document' means any document or other written statement made available
for public reference or use, regardless of whether such document or
statement is made available in hard copy or electronic format.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter <<NOTE: 10 USC 2351 prec.>> is
amended by adding at the end the following new item:
``2374b. Disclosure requirements for recipients of research and
development funds.''.
(b) <<NOTE: 10 USC 2374b note.>> Effective Date and
Applicability.--The amendments made by subsection (a) shall take effect
on October 1, 2021, and shall apply with respect to funds for research
and development that are awarded by the Department of Defense on or
after that date.
SEC. 213. MODIFICATION OF NATIONAL SECURITY INNOVATION ACTIVITIES
AND PILOT PROGRAM ON STRENGTHENING THE
DEFENSE INDUSTRIAL AND INNOVATION BASE.
(a) National Security Innovation Activities.--Section 230 of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 2358 note) is amended--
(1) by striking subsection (h);
(2) by redesignating subsections (e) through (g) as
subsections (f) through (h), respectively;
(3) by inserting after subsection (d) the following new
subsection:
``(e) Advisory Assistance.--
``(1) In general.--The Under Secretary shall establish a
mechanism to seek advice from existing Federal advisory
committees on matters relating to--
``(A) the implementation and prioritization of
activities established under subsection (a); and
[[Page 134 STAT. 3457]]
``(B) determining how such activities may be used to
support the overall technology strategy of the
Department of Defense.
``(2) Existing federal advisory committees defined.--In this
subsection, the term `existing Federal advisory committee' means
an advisory committee that--
``(A) is established pursuant to a provision of
Federal law other than this section; and
``(B) has responsibilities relevant to the
activities established under subsection (a), as
determined by the Under Secretary.''; and
(4) in paragraph (1) of subsection (g) (as so redesignated)
by striking ``strengthening manufacturing in the defense
industrial base'' and inserting ``strengthening the defense
industrial and innovation base''.
(b) <<NOTE: Deadline.>> Plan.--Not later than April 1, 2021, the
Under Secretary of Defense for Research and Engineering shall submit to
the congressional defense committees a plan that describes--
(1) the mechanism the Under Secretary will use to seek
advice from existing Federal advisory committees as required
under section 230(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 2358 note) (as added by subsection (a) of this section);
and
(2) the expected roles and responsibilities of such
committees with respect to advising the Under Secretary on the
activities established under section 230 of such Act.
(c) Pilot Program on Defense Industrial and Innovation Base.--
Section 1711 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91; 10 U.S.C. 2505 note) is amended--
(1) in the section heading, by striking ``manufacturing in
the defense industrial base'' and inserting ``the defense
industrial and innovation base'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``and the defense innovation base'' after
``industrial base'';
(B) in paragraph (1), by inserting ``development,
prototyping, and manufacturing'' before ``production'';
and
(C) in paragraph (2), by striking ``manufacturing
and production'' and inserting ``development,
prototyping, and manufacturing'';
(3) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) Section 230 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 2358 note).'';
(4) in subsection (c)--
(A) in paragraph (1), by striking ``manufacturing
and production'' and inserting ``development,
prototyping, and manufacturing'';
(B) in paragraph (3), by striking ``manufacturing
and production'';
[[Page 134 STAT. 3458]]
(C) in paragraph (4), by striking ``manufacturers''
and inserting ``companies''; and
(D) in paragraph (5), by striking ``manufacturers''
and inserting ``companies'';
(5) in subsection (d), by striking ``the date that is four
years after the date of the enactment of this Act'' and
inserting ``December 31, 2026''; and
(6) in subsection (e), by striking ``January 31, 2022'' and
inserting ``January 31, 2027''.
SEC. 214. UPDATES TO DEFENSE QUANTUM INFORMATION SCIENCE AND
TECHNOLOGY RESEARCH AND DEVELOPMENT
PROGRAM.
Section 234 of the John S. McCain National Defense Authorization Act
for Fiscal year 2019 (Public Law 115-232; 10 U.S.C. 2358 note) is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Use of Quantum Computing Capabilities.--The Secretary of each
military department shall--
``(1) <<NOTE: List.>> 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) <<NOTE: Contracts.>> establish programs and enter
into agreements with appropriate medium and small businesses
with functional quantum computing capabilities to provide such
private sector capabilities to government, industry, and
academic researchers working on relevant technical problems and
research activities.''.
SEC. 215. ESTABLISHMENT OF DIRECTED ENERGY WORKING GROUP.
Section 219 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 2431 note) is amended--
(1) in subsection (c)--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4);
and
(2) by adding at the end the following new subsection:
``(d) Directed Energy Working Group.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 60
days after the date of the enactment of the National Defense
Authorization Act for fiscal year 2021, the Secretary of Defense
shall establish a working group to be known as the `Directed
Energy Working Group'.
``(2) Responsibilities.--The Directed Energy Working Group
shall--
``(A) analyze and evaluate the current and planned
directed energy programs of each of the military
departments;
``(B) make recommendations to the Secretary of
Defense--
[[Page 134 STAT. 3459]]
``(i) describing how memoranda of
understanding may be used to coordinate the
directed energy activities conducted by the
Department of Defense using amounts authorized to
be appropriated for research, development, test,
and evaluation; and
``(ii) proposing the establishment of specific
memoranda of understanding between individual
organizations and elements of the Department of
Defense to facilitate such coordination;
``(C) identify methods of quickly fielding directed
energy capabilities and programs; and
``(D) develop a compendium on the effectiveness of
directed energy weapon systems and integrate the
compendium into an overall Joint Effectiveness Manual
under the guidance from the Joint Technical Coordination
Group for Munitions Effectiveness.
``(3) Head of working group.--The head of the Directed
Energy Working Group shall be the Under Secretary of Defense for
Research and Engineering or the designee of the Under Secretary.
``(4) <<NOTE: Appointments.>> Membership.--The members of
the Directed Energy Working Group shall be appointed as follows:
``(A) One member from each military department,
appointed by the Secretary of the military department
concerned.
``(B) One member appointed by the Under Secretary of
Defense for Research and Engineering.
``(C) One member appointed by the Under Secretary of
Defense for Acquisition and Sustainment.
``(D) One member appointed by the Director of the
Strategic Capabilities Office of the Department of
Defense.
``(E) One member appointed by the Director of the
Defense Advanced Research Projects Agency.
``(F) One member appointed by the Director of
Operational Test and Evaluation.
``(G) One member appointed by the Director of the
Missile Defense Agency.
``(H) Such other members as may be appointed by the
Secretary of Defense from among individuals serving in
the Department of Defense.
``(5) Deadline for appointment.--Members of the Directed
Energy Working Group shall be appointed not later than 30 days
after the date of the establishment of the working group under
paragraph (1).
``(6) <<NOTE: Deadline. Time period.>> Briefings to
congress.--Not later than 180 days after the date of the
enactment of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021, and not less frequently
than once every 180 days thereafter, the Directed Energy Working
Group shall provide to the congressional defense committees a
briefing on the progress of each directed energy program that is
being adopted or fielded by the Department of Defense.
``(7) Termination.--The Directed Energy Working Group
established under this subsection shall terminate 4 years after
the date of the enactment of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021.''.
[[Page 134 STAT. 3460]]
SEC. 216. EXTENSION OF PILOT PROGRAM FOR THE ENHANCEMENT OF THE
RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION CENTERS OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--Section 233 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is
amended--
(1) in subsection (e), by striking ``2022'' and inserting
``2027''; and
(2) in subsection (f)--
(A) by amending paragraph (1) to read as follows:
``(1) <<NOTE: Reports.>> In general.--Not later than one
year after the date of the enactment of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021, the Secretary of Defense shall submit to the congressional
defense committees a report on the status of the pilot
program.''; and
(B) in paragraph (2), by adding at the end the
following new subparagraph:
``(F) With respect to any military department not
participating in the pilot program, an explanation for
such nonparticipation, including identification of--
``(i) any issues that may be preventing such
participation; and
``(ii) any offices or other elements of the
Department of Defense that may be responsible for
the delay in participation.''.
(b) <<NOTE: 10 USC 2358 note.>> Technical Amendment.--Effective as
of December 23, 2016, and as if included therein as enacted, section
233(c)(2)(C)(ii) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is amended by
striking ``Assistant Secretary of the Army for Acquisition, Technology,
and Logistics'' and inserting ``Assistant Secretary of the Army for
Acquisition, Logistics, and Technology''.
(c) Extension of Pilot Program to Improve Incentives for Technology
Transfer From Department of Defense Laboratories.--Subsection (e) of
section 233 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91; 10 U.S.C. 2514 note) is amended to read as
follows:
``(e) Sunset.--The pilot program under this section shall terminate
on September 30, 2025.''.
SEC. 217. DESIGNATION OF SENIOR OFFICIALS FOR CRITICAL TECHNOLOGY
AREAS SUPPORTIVE OF THE NATIONAL DEFENSE
STRATEGY.
(a) <<NOTE: 10 USC 4001 note.>> Designation of Senior Officials.--
The Under Secretary of Defense for Research and Engineering shall--
(1) identify technology areas that the Under Secretary
considers critical for the support of the National Defense
Strategy; and
(2) for each such technology area, designate a senior
official of the Department of Defense to coordinate research and
engineering activities in that area.
(b) Duties.--The duties of each senior official designated under
subsection (a) shall include, with respect to the technology area
overseen by such official--
(1) developing and continuously updating research and
technology development roadmaps, funding strategies, and
technology transition strategies to ensure--
[[Page 134 STAT. 3461]]
(A) the effective and efficient development of new
capabilities in the area; and
(B) the operational use of appropriate technologies;
(2) conducting annual assessments of workforce,
infrastructure, and industrial base capabilities and capacity to
support--
(A) the roadmaps developed under paragraph (1); and
(B) the goals of the National Defense Strategy;
(3) reviewing the relevant research and engineering budgets
of appropriate organizations within the Department of Defense,
including the Armed Forces, and advising the Under Secretary
on--
(A) the consistency of the budgets with the roadmaps
developed under paragraph (1);
(B) any technical and programmatic risks to the
achievement of the research and technology development
goals of the National Defense Strategy;
(C) programs, projects, and activities that
demonstrate--
(i) unwanted or inefficient duplication,
including duplication with activities of other
government agencies and the commercial sector;
(ii) lack of appropriate coordination with
other organizations; or
(iii) inappropriate alignment with
organizational missions and capabilities;
(4) coordinating the research and engineering activities of
the Department with appropriate international, interagency, and
private sector organizations; and
(5) tasking appropriate intelligence agencies of the
Department to develop a direct comparison between the
capabilities of the United States in the technology area
concerned and the capabilities of adversaries of the United
States in that area.
(c) Annual Reports.--
(1) In general.--Not later than December 1, 2021, and not
later than December 1 of each year thereafter through December
1, 2025, the Under Secretary shall submit to the congressional
defense committees a report on research and engineering
activities and on the status of the technology areas identified
under subsection (a)(1), including a description of any
programs, projects, or activities in such areas, that have, in
the year preceding the date of the report--
(A) achieved significant technical progress;
(B) transitioned from the research and development
phase to formal acquisition programs;
(C) transitioned from the research and development
phase into operational use; or
(D) been transferred from the Department of Defense
to private sector organizations for further commercial
development or commercial sales.
(2) <<NOTE: Public information. Classified information.>>
Form.--Each report under paragraph (1) shall submitted in
unclassified form that can be made available to the public, but
may include a classified annex.
(d) Coordination of Research and Engineering Activities.--The
Service Acquisition Executive for each military department and the
Director of the Defense Advanced Research Projects Agency shall each
identify senior officials to ensure coordination
[[Page 134 STAT. 3462]]
of appropriate research and engineering activities with each of the
senior officials designated under subsection (a).
(e) Conforming Amendments.--Section 218 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2358 note) is amended--
(1) in subsection (a) by striking the second sentence and
inserting ``The Office shall carry out the program and
activities described in subsections (b) and (c) and shall have
such other responsibilities relating to hypersonics as the
Secretary shall specify'';
(2) by striking subsections (b), (e) and (f);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in subsection (b)(1), as so redesignated, by striking
``provide the Office with'' and all that follows through the
period at the end and inserting ``provide the Office with
foundational and applied hypersonic research, development, and
workforce support in areas that the Office determines to be
relevant for the Department of Defense.'';
(5) in subsection (c), as so redesignated--
(A) in the matter preceding paragraph (1), by
striking ``In carrying out the program required by
subsection (b), the Office'' and inserting ``The
Office'';
(B) by amending paragraph (1) to read as follows:
``(1) Expedite testing, evaluation, and acquisition of
hypersonic technologies to meet the stated needs of the
warfighter, including flight testing, ground-based-testing, and
underwater launch testing.'';
(C) by striking paragraphs (2) and (3);
(D) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (2), (3), (4), and (6), respectively;
(E) by amending paragraph (2), as so redesignated,
to read as follows:
``(2) Ensure prototyping demonstration programs on
hypersonic systems integrate advanced technologies to speed the
maturation and deployment of future hypersonic systems.'';
(F) by amending paragraph (3), as so redesignated,
to read as follows:
``(3) Ensure that any demonstration program on hypersonic
systems is carried out only if determined to be consistent with
the roadmap for the relevant critical technology area supportive
of the National Defense Strategy, as developed by the senior
official with responsibility for such area under section 217 of
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021.'';
(G) by amending paragraph (4), as so redesignated,
to read as follows:
``(4) Develop strategies and roadmaps for hypersonic
technologies to enable the transition of such technologies to
future operational capabilities for the warfighter.'';
(H) by inserting after paragraph (4), as so
redesignated, the following:
``(5) Develop and implement a strategy for enhancing the
current and future hypersonics workforce.''; and
(I) by amending paragraph (6), as so redesignated,
to read as follows:
[[Page 134 STAT. 3463]]
``(6) Coordinate with relevant stakeholders and agencies to
support the technological advantage of the United States in
developing hypersonic systems.''.
SEC. 218. <<NOTE: 10 USC 8013 note.>> EXECUTIVE AGENT FOR
AUTONOMY.
(a) <<NOTE: Deadline. Designation.>> In General.--Not later than
February 1, 2022, the Secretary of the Navy shall designate an existing
program executive officer from within the Department of the Navy to
serve as the acquisition executive agent for autonomy who shall be the
official within the Department with primary responsibility for the
acquisition of autonomous technology. The officer designated as
acquisition executive agent for autonomy shall carry out the
responsibilities of such position in addition to the responsibilities
otherwise assigned to such officer as a program executive officer.
(b) Program Executive Officer Defined.--In this section, the term
``program executive officer'' has the meaning given that term in section
1737(a)(4) of title 10, United States Code.
SEC. 219. <<NOTE: 10 USC 4811 note.>> NATIONAL SECURITY
INNOVATION PARTNERSHIPS.
(a) Establishment.--The Secretary of Defense shall establish an
activity--
(1) to support partnerships between the Department of
Defense and academic institutions, private sector firms in
defense and commercial sectors, commercial accelerators and
incubators, commercial innovation hubs, public sector
organizations, and nonprofit entities with missions relating to
national security innovation;
(2) to expand the national security innovation base,
including through engagement with academia, defense industry,
commercial industry, government organizations, and the venture
capital community;
(3) to accelerate the transition of technologies and
services into acquisition programs and operational use;
(4) to work in coordination with the Under Secretary of
Defense for Personnel and Readiness, other organizations within
the Office of the Secretary, and the Armed Forces to create new
pathways and models of national security service that facilitate
employment within the Department;
(5) to facilitate engagement with entities described in
paragraph (1) for the purpose of developing solutions to
national security and defense problems articulated by entities
within the Department, including through programs such as the
Hacking for Defense program;
(6) to establish physical locations throughout the United
States to support partnerships with academic, government, and
private sector industry partners; and
(7) to enhance the capabilities of the Department in market
research, industrial and technology base awareness, source
selection, partnerships with private sector capital, and access
to commercial technologies.
(b) Authorities.--In addition to the authorities provided under this
section, in carrying out this section, the Secretary of Defense may use
the following authorities:
(1) Section 1599g of title 10, United States Code, relating
to public-private talent exchanges.
(2) Section 2368 of title 10, United States Code, relating
to Centers for Science, Technology, and Engineering
Partnerships.
[[Page 134 STAT. 3464]]
(3) Section 2374a of title 10, United States Code, relating
to prizes for advanced technology achievements.
(4) Section 2474 of title 10, United States Code, relating
to Centers of Industrial and Technical Excellence.
(5) Section 2521 of title 10, United States Code, relating
to the Manufacturing Technology Program.
(6) Subchapter VI of chapter 33 of title 5, United States
Code, relating to assignments to and from States.
(7) Chapter 47 of title 5, United States Code, relating to
personnel research programs and demonstration projects.
(8) Section 12 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31,
United States Code, relating to cooperative research and
development agreements.
(9) Such other authorities as the Secretary considers
appropriate.
(c) Implementation.--
(1) Support from other department of defense
organizations.--The Secretary of Defense may direct other
organizations and elements of the Department of Defense to
provide personnel, resources, and other support to the activity
established under this section, as the Secretary determines
appropriate.
(2) Implementation plan.--
(A) <<NOTE: Deadline.>> In general.--Not later than
one year after the date of the enactment of this Act,
the Secretary of Defense shall submit to the
congressional defense committees a plan for implementing
the activity established under this section.
(B) Elements.--The plan required under subparagraph
(A) shall include the following:
(i) Plans that describe any support that will
be provided for the activity by other
organizations and elements of the Department of
Defense under paragraph (1).
(ii) Plans for the implementation of the
activity, including plans for--
(I) future funding and
administrative support of the activity;
(II) integration of the activity
into the programming, planning,
budgeting, and execution process of the
Department of Defense;
(III) integration of the activity
with the other programs and initiatives
within the Department that have missions
relating to innovation and outreach to
the academic and the private sector ;
and
(IV) performance indicators by which
the activity will be assessed and
evaluated.
(iii) A description of any additional
authorities the Secretary may require to
effectively carry out the responsibilities under
this section.
SEC. 220. <<NOTE: 10 USC 4001 note.>> SOCIAL SCIENCE, MANAGEMENT
SCIENCE, AND INFORMATION SCIENCE RESEARCH
ACTIVITIES.
(a) Establishment.--The Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering,
[[Page 134 STAT. 3465]]
shall carry out a program of research and development in social science,
management science, and information science.
(b) Purposes.--The purposes of the program under subsection (a) are
as follows:
(1) To ensure that the Department of Defense has access to
innovation and expertise in social science, management science,
and information science to enable the Department to improve the
effectiveness, efficiency, and agility of the Department's
operational and management activities.
(2) To develop and manage a portfolio of research
initiatives in fundamental and applied social science,
management science, and information science that is stable,
consistent, and balanced across relevant disciplines.
(3) To enhance cooperation and collaboration on research and
development in the fields of social science, management science,
and information science between the Department of Defense and
appropriate private sector and international entities that are
involved in research and development in such fields.
(4) To accelerate the development of a research community
and industry to support Department of Defense missions in the
fields of social science, management science, and information
science, including the development of facilities, a workforce,
infrastructure, and partnerships in support of such missions.
(5) To coordinate all research and development within the
Department of Defense in the fields of social science,
management science, and information science.
(6) To collect, synthesize, and disseminate critical
information on research and development in the fields of social
science, management science, and information science.
(7) To assess and appropriately share, with other
departments and agencies of the Federal Government and
appropriate entities in the private sector--
(A) challenges within the Department of Defense that
may be addressed through the application of advances in
social science, management science, and information
science; and
(B) datasets related to such challenges.
(8) To support the identification of organizational and
institutional barriers to the implementation of management and
organizational enhancements and best practices.
(9) To accelerate efforts--
(A) to transition, and deploy within the Department
of Defense, technologies and concepts derived from
research and development in the fields of social
science, management science, and information science;
and
(B) to establish policies, procedures, and standards
for measuring the success of such efforts.
(10) To integrate knowledge from cross-disciplinary research
on--
(A) how factors relating to social science,
management science, and information science affect the
global security environment; and
(B) best practices for management in the public and
private sectors.
(11) To apply principles, tools, and methods from social
science, management science, and information science--
[[Page 134 STAT. 3466]]
(A) to ensure the Department of Defense is more
agile, efficient, and effective in organizational
management and in deterring and countering current and
emerging threats; and
(B) to support the National Defense Strategy.
(c) Administration.--The Under Secretary of Defense for Research and
Engineering shall supervise the planning, management, and coordination
of the program under subsection (a).
(d) <<NOTE: Consultation. Plans.>> Activities.--The Under Secretary
of Defense for Research and Engineering, in consultation with the Under
Secretary of Defense for Policy, the Secretaries of the military
departments, and the heads of relevant Defense Agencies, shall--
(1) prescribe a set of long-term challenges and a set of
specific technical goals for the program, including--
(A) optimization of analysis of national security
data sets;
(B) development of innovative defense-related
management activities;
(C) improving the operational use of social science,
management science, and information science innovations
by military commanders and civilian leaders;
(D) improving understanding of the fundamental
social, cultural, and behavioral forces that shape the
strategic interests of the United States; and
(E) developing a Department of Defense workforce
capable of developing and leveraging innovations and
best practices in the fields of social science,
management science, and information science to support
defense missions;
(2) develop a coordinated and integrated research and
investment plan for meeting near-term, mid-term, and long-term
national security, defense-related, and Departmental management
challenges that--
(A) includes definitive milestones;
(B) provides for achieving specific technical goals;
(C) establishes pathways to address the operational
and management missions of the Department through--
(i) the evaluation of innovations and advances
in social science, management science, and
information science for potential implementation
within the Department; and
(ii) implementation of such innovations and
advances within the Department, as appropriate;
and
(C) builds upon the investments of the Department,
other departments and agencies of the Federal
Government, and the commercial sector in the fields of
social science, management science, and information
science;
(3) develop plans for--
(A) the development of the Department's workforce in
social science, management science, and information
science; and
(B) improving awareness of--
(i) the fields of social science, management
science, and information science;
(ii) advances and innovations in such fields;
and
[[Page 134 STAT. 3467]]
(iii) and the ability of such advances and
innovations to enhance the efficiency and
effectiveness of the Department; and
(4) <<NOTE: Memorandums. Determination.>> develop memoranda
of agreement, joint funding agreements, and such other
cooperative arrangements as the Under Secretary determines
necessary--
(A) to carry out the program under subsection (a);
and
(B) to transition appropriate products, services,
and innovations relating social science, management
science, and information science into use within the
Department.
(e) Guidance Required.--
(1) <<NOTE: Deadline.>> In general.--Not later than one
year after the date of the enactment of this Act, the Under
Secretary of Defense for Research and Engineering shall develop
and issue guidance for defense-related social science,
management science, and information science activities,
including--
(A) <<NOTE: Plans.>> classification and data
management plans for such activities;
(B) policies for control of personnel participating
in such activities to protect national security
interests; and
(C) ensuring that research findings and innovations
in the fields of social science, management science, and
information science are incorporated into the activities
and strategic documents of the Department.
(2) Updates.--The Under Secretary of Defense for Research
and Engineering shall regularly update the guidance issued under
paragraph (1).
(f) Designation of Entity.--The Secretary of each military
department may establish or designate an entity or activity under the
jurisdiction of such Secretary, which may include a Department of
Defense Laboratory, an academic institution, or another appropriate
organization, to support interdisciplinary research and development
activities in the fields of social science, management science, and
information science, and engage with appropriate public and private
sector organizations, including academic institutions, to enhance and
accelerate the research, development, and deployment of social science,
management science, and information science within the Department.
(g) Use of Other Authority.--The Secretary of Defense shall use the
authority provided under section 217 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C.
2358 note) to enhance the ability of the Department of Defense to access
technical talent and expertise at academic institutions in support of
the purposes of this section.
(h) Report.--
(1) In general.--Not later than December 31, 2022, the
Secretary of Defense shall submit to the congressional defense
committees a report on the program under subsection (a).
(2) <<NOTE: Classified information.>> Form of report.--The
report required under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 221. ACCOUNTABILITY MEASURES RELATING TO THE ADVANCED BATTLE
MANAGEMENT SYSTEM.
(a) Cost Assessments.--
[[Page 134 STAT. 3468]]
(1) <<NOTE: Deadline. Consultation.>> Initial cost
estimate.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force, in
consultation with the Director of Cost Assessment and Program
Evaluation, shall--
(A) define key technical, programmatic, and
operational characteristics for the Advanced Battle
Management System; and
(B) produce an initial cost estimate for the System
that includes--
(i) estimated costs for each product category
described in the report submitted to Congress
under section 236 the National Defense
Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1281); and
(ii) a description of each cost estimating
methodology used in the preparation of the
estimate.
(2) Review and report.--Not later than 120 days after the
completion of the estimate required under paragraph (1), the Air
Force Cost Analysis Agency shall--
(A) conduct a non-advocate cost assessment of the
estimate; and
(B) submit to the congressional defense committees
and the Government Accountability Office a report on the
results of the assessment.
(b) Program Update Briefings.--
(1) <<NOTE: Deadline. Time period.>> In general.--Beginning
not later than January 1, 2021, and on a quarterly basis
thereafter, the Secretary of the Air Force shall provide to the
congressional defense committees a program update briefing on
the Advanced Battle Management System and all associated
technologies.
(2) Elements.--Each briefing under paragraph (1) shall
include--
(A) a detailed explanation of any on-ramp exercise
of the Advanced Battle Management System conducted
during the quarter covered by the report, including an
explanation of--
(i) the objectives achieved by the exercise
and any data collected for the purposes of
decision making;
(ii) identification of the portions of the
exercise that were scripted and unscripted and any
technical workarounds or substitutes used for
purposes of the exercise; and
(iii) the interim capabilities provided to
combatant commanders after the conclusion of the
exercise (commonly known as ``leave behind''
capabilities) and a plan for the sustainment or
upgrade of such capabilities; and
(iv) the total cost of the exercise and a
breakdown of the costs with respect to technology,
range and demonstration resources, personnel, and
logistics; and
(B) such other information as the Secretary of the
Air Force determines appropriate.
(c) Report on Security and Resiliency Measures.--At the same time as
the budget of the President for fiscal year 2022 is submitted to
Congress pursuant to section 1105(a) of title 31, United States Code,
the Secretary of the Air Force shall submit to the congressional defense
committees a report that describes
[[Page 134 STAT. 3469]]
how the Secretary plans to ensure the security and resiliency of the
Advanced Battle Management System, including a description of any
information assurance and anti-tamper requirements for the System.
(d) Additional Report and Briefings.--Not later than April 1, 2021,
the Secretary of the Air Force shall submit to the congressional defense
committees the following:
(1) Report on planned capabilities.--A report on the planned
product line capabilities of the Advanced Battle Management
System, including--
(A) a description of the technologies needed to
implement and achieve such product line capabilities;
(B) <<NOTE: Timeline.>> a timeline for the
technical maturation of such product line capabilities;
and
(C) <<NOTE: Schedule.>> a notional schedule for
fielding such product line capabilities over the period
covered by the most recent future-years defense program
submitted under section 221 of title 10, United States
Code, as of the date of the report.
(2) Briefing on acquisition authorities.--A briefing on the
allocation of responsibilities among the individuals and
entities responsible for acquisition for the Advanced Battle
Management System, including an explanation of how decision-
making and governance of the acquisition process is allocated
among the Assistant Secretary of the Air Force for Acquisition,
Technology, and Logistics, the Chief Architect Integration
Office, the Air Force Warfighting Integration Capability, and
other entities within the Department of the Air Force that are
expected provide capabilities for the System.
(3) Briefing on alignment with common mission control
center.-- <<NOTE: Classified information.>> A briefing, which
may be provided in classified or unclassified form, that
explains how, and to what extent, the Advanced Battle Management
System will be aligned and coordinated with the Common Mission
Control Center of the Air Force.
(e) Advanced Battle Management System Defined.--In this section, the
term ``Advanced Battle Management System'' has the meaning given that
term in section 236(c) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1281).
(f) Conforming Repeal.--Section 147(g) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 132 Stat. 1670) is repealed.
SEC. 222. <<NOTE: 10 USC 4001 note.>> ACTIVITIES TO IMPROVE
FIELDING OF AIR FORCE HYPERSONIC
CAPABILITIES.
(a) Improvement of Ground-based Test Facilities.--The Secretary of
Defense shall take such actions as may be necessary to improve ground-
based test facilities used for the research, development, test, and
evaluation of hypersonic capabilities.
(b) Increasing Flight Test Rate.--The Secretary of Defense shall
increase the rate at which hypersonic capabilities are flight tested to
expedite the maturation and fielding of such capabilities.
(c) <<NOTE: Deadline. Consultation. Time period.>> Strategy and
Plan.--Not later than 60 days after the date of the enactment of this
Act, the Chief of Staff of the Air Force, in consultation with the Under
Secretary of Defense for Research and Engineering, shall submit to the
congressional defense committees a strategy and plan for fielding air-
launched and air-
[[Page 134 STAT. 3470]]
breathing hypersonic weapons capabilities within the period of three
years following such date of enactment.
(d) <<NOTE: Consultation.>> Report.--In addition to the strategy
and plan required under subsection (c), not later than 60 days after the
date of the enactment of this Act, the Under Secretary of Defense for
Research and Engineering, in consultation with the Director of
Operational Test and Evaluation, shall submit to the congressional
defense committees a report on the testing capabilities and
infrastructure used for hypersonic weapons development. The report shall
include--
(1) <<NOTE: Assessment.>> an assessment of the sufficiency
of the testing capabilities and infrastructure used for fielding
hypersonic weapons; and
(2) a description of any investments in testing capabilities
and infrastructure that may be required to support in-flight and
ground-based testing for such weapons.
SEC. 223. <<NOTE: 42 USC 6605.>> DISCLOSURE OF FUNDING SOURCES IN
APPLICATIONS FOR FEDERAL RESEARCH AND
DEVELOPMENT AWARDS.
(a) Disclosure Requirement.--Each Federal research agency shall
require, as part of any application for a research and development award
from such agency--
(1) that each covered individual listed on the application--
(A) disclose the amount, type, and source of all
current and pending research support received by, or
expected to be received by, the individual as of the
time of the disclosure;
(B) <<NOTE: Certification.>> certify that the
disclosure is current, accurate, and complete; and
(C) <<NOTE: Update.>> agree to update such
disclosure at the request of the agency prior to the
award of support and at any subsequent time the agency
determines appropriate during the term of the award; and
(2) that any entity applying for such award certify that
each covered individual who is employed by the entity and listed
on the application has been made aware of the requirements under
paragraph (1).
(b) Consistency.--The Director of the Office of Science and
Technology Policy, acting through the National Science and Technology
Council and in accordance with the authority provided under section
1746(a) of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 42 U.S.C. 6601 note) shall ensure that the
requirements issued by Federal research agencies under subsection (a)
are consistent.
(c) Enforcement.--
(1) Rejection for violation of law or agency terms.--A
Federal research agency may reject an application for a research
and development award if the current and pending research
support disclosed by an individual under subsection (a) violates
Federal law or agency terms and conditions.
(2) Enforcement for noncompliance.--Subject to paragraph
(3), in the event that a covered individual listed on an
entity's application for a research and development award
knowingly fails to disclose information under subsection (a), a
Federal research agency may take one or more of the following
actions:
(A) Reject the application.
[[Page 134 STAT. 3471]]
(B) Suspend or terminate a research and development
award made by that agency to the individual or entity.
(C) Temporarily or permanently discontinue any or
all funding from that agency for the individual or
entity.
(D) Temporarily or permanently suspend or debar the
individual or entity in accordance with part 180 of
title 2, Code of Federal Regulations, any successor
regulation, or any other appropriate law or regulation,
from receiving government funding.
(E) Refer the failure to disclose under subsection
(a) to the Inspector General of the agency concerned for
further investigation or to Federal law enforcement
authorities to determine whether any criminal or civil
laws were violated.
(F) Place the individual or entity in the Federal
Awardee Performance and Integrity Information System for
noncompliance to alert other agencies.
(G) Take such other actions against the individual
or entity as are authorized under applicable law or
regulations.
(3) Special rule for enforcement against entities.--An
enforcement action described in paragraph (2) may be taken
against an entity only in a case in which--
(A) the entity did not meet the requirements of
subsection (a)(2);
(B) the entity knew that a covered individual failed
to disclose information under subsection (a)(1) and the
entity did not take steps to remedy such nondisclosure
before the application was submitted; or
(C) the head of the Federal research agency
concerned determines that--
(i) the entity is owned, controlled, or
substantially influenced by a covered individual;
and
(ii) such individual knowingly failed to
disclose information under subsection (a)(1).
(4) Notice.--A Federal research agency that intends to take
action under paragraph (1) or (2) shall, as practicable and in
accordance with part 180 of title 2, Code of Federal
Regulations, any successor regulation, or any other appropriate
law or regulation, notify each individual or entity subject to
such action about the specific reason for the action, and shall
provide such individuals and entities with the opportunity to,
and a process by which, to contest the proposed action.
(5) Evidentiary standards.--A Federal research agency
seeking suspension or debarment under paragraph (2)(D) shall
abide by the procedures and evidentiary standards set forth in
part 180 of title 2, Code of Federal Regulations, any successor
regulation, or any other appropriate law or regulation.
(d) Definitions.--In this section:
(1) The term ``covered individual'' means an individual
who--
(A) contributes in a substantive, meaningful way to
the scientific development or execution of a research
and development project proposed to be carried out with
a research and development award from a Federal research
agency; and
[[Page 134 STAT. 3472]]
(B) is designated as a covered individual by the
Federal research agency concerned.
(2) The term ``current and pending research support''--
(A) means all resources made available, or expected
to be made available, to an individual in support of the
individual's research and development efforts,
regardless of--
(i) whether the source of the resource is
foreign or domestic;
(ii) whether the resource is made available
through the entity applying for a research and
development award or directly to the individual;
or
(iii) whether the resource has monetary value;
and
(B) includes in-kind contributions requiring a
commitment of time and directly supporting the
individual's research and development efforts, such as
the provision of office or laboratory space, equipment,
supplies, employees, or students.
(3) The term ``entity'' means an entity that has applied for
or received a research and development award from a Federal
research agency.
(4) The term ``Federal research agency'' means any Federal
agency with an annual extramural research expenditure of over
$100,000,000.
(5) The term ``research and development award'' means
support provided to an individual or entity by a Federal
research agency to carry out research and development
activities, which may include support in the form of a grant,
contract, cooperative agreement, or other such transaction. The
term does not include a grant, contract, agreement or other
transaction for the procurement of goods or services to meet the
administrative needs of a Federal research agency.
SEC. 224. <<NOTE: 10 USC 4571 note.>> GOVERNANCE OF FIFTH-
GENERATION WIRELESS NETWORKING IN THE
DEPARTMENT OF DEFENSE.
(a) Transition of 5G Wireless Networking to Operational Use.--
(1) <<NOTE: Consultation.>> Transition plan required.--The
Under Secretary of Defense for Research and Engineering, in
consultation with the cross functional team established under
subsection (c), shall develop a plan to transition fifth-
generation (commonly known as ``5G'') wireless technology to
operational use within the Department of Defense.
(2) Elements.--The transition plan under paragraph (1) shall
include the following:
(A) <<NOTE: Timeline.>> A timeline for the
transition of responsibility for 5G wireless networking
to the Chief Information Officer, as required under
subsection (b)(1).
(B) <<NOTE: Determination.>> A description of the
roles and responsibilities of the organizations and
elements of the Department of Defense with respect to
the acquisition, sustainment, and operation of 5G
wireless networking for the Department, as determined by
the Secretary of Defense in accordance with subsection
(d).
(3) <<NOTE: Deadline.>> Interim briefing.--Not later than
March 31, 2021 the Secretary of Defense shall provide to the
congressional
[[Page 134 STAT. 3473]]
defense committees a briefing on the status of the plan required
under paragraph (1).
(4) Final report.--Not later than September 30, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report that includes the plan developed under
paragraph (1).
(b) Senior Official for 5G Wireless Networking.--
(1) <<NOTE: Deadline.>> Designation of chief information
officer.--Not later than October 1, 2023, the Secretary of
Defense shall designate the Chief Information Officer as the
senior official within Department of Defense with primary
responsibility for--
(A) policy, oversight, guidance, research, and
coordination on matters relating to 5G wireless
networking; and
(B) making proposals to the Secretary on governance,
management, and organizational policy for 5G wireless
networking.
(2) Role of under secretary of defense for research and
engineering.--The Under Secretary of Defense for Research and
Engineering shall carry out the responsibilities specified in
paragraph (1) until the date on which the Secretary of Defense
designates the Chief Information Officer as the senior official
responsible for 5G wireless networking under such paragraph.
(c) Cross-functional Team for 5G Wireless Networking.--
(1) Establishment.--Using the authority provided under
section 911(c) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 111 note), the
Secretary of Defense shall establish a cross-functional team for
5G wireless networking.
(2) Duties.--The duties of the cross-functional team
established under paragraph (1) shall be--
(A) to assist the Secretary of Defense in
determining the roles and responsibilities of the
organizations and elements of the Department of Defense
with respect to the acquisition, sustainment, and
operation of 5G wireless networking, as required under
subsection (d);
(B) to assist the senior official responsible for 5G
wireless networking in carrying out the responsibilities
assigned to such official under subsection (b);
(C) to oversee the implementation of the strategy
developed under section 254 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 10 U.S.C. 2223a note) for harnessing 5G wireless
networking technologies, coordinated across all relevant
elements of the Department;
(D) to advance the adoption of commercially
available, next-generation wireless communication
technologies, capabilities, security, and applications
by the Department and the defense industrial base; and
(E) to support public-private partnerships between
the Department and industry on matters relating to 5G
wireless networking;
(F) to coordinate research and development,
implementation and acquisition activities, warfighting
concept development, spectrum policy, industrial policy
and
[[Page 134 STAT. 3474]]
commercial outreach and partnership relating to 5G
wireless networking in the Department, and interagency
and international engagement;
(G) to integrate the Department's 5G wireless
networking programs and policies with major initiatives,
programs, and policies of the Department relating to
secure microelectronics and command and control; and
(H) to oversee, coordinate, execute, and lead
initiatives to advance 5G wireless network technologies
and associated applications developed for the
Department.
(3) Team leader.--The Under Secretary of Defense for
Research and Engineering shall lead the cross-functional team
established under paragraph (1) until the date on which the
Secretary of Defense designates the Chief Information Officer as
the senior official responsible for 5G wireless networking as
required under subsection (b)(1). <<NOTE: Effective date.>>
Beginning on the date of such designation, the Chief Information
Officer shall lead the cross functional team.
(d) Determination of Organizational Roles and Responsibilities.--The
Secretary of Defense, acting through the cross-functional team
established under subsection (c), shall determine the roles and
responsibilities of the organizations and elements of the Department of
Defense with respect to the acquisition, sustainment, and operation of
5G wireless networking for the Department, including the roles and
responsibilities of the Office of the Secretary of Defense, the
intelligence components of the Department, Defense Agencies and
Department of Defense Field Activities, the Armed Forces, combatant
commands, and the Joint Staff.
(e) <<NOTE: Deadline.>> Briefing.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a briefing on the progress of
the Secretary in--
(1) establishing the cross-functional team under subsection
(c); and
(2) determining the roles and responsibilities of the
organizations and elements of the Department of Defense with
respect to 5G wireless networking as required under subsection
(d).
(f) 5G Procurement Decisions.--Each Secretary of a military
department shall be responsible for decisions relating to the
procurement of 5G wireless technology for that department.
(g) Telecommunications Security Program.--
(1) Program required.--The Secretary of Defense shall carry
out a program to identify and mitigate vulnerabilities in the 5G
telecommunications infrastructure of the Department of Defense.
(2) Elements.--In carrying out the program under paragraph
(1), the Secretary shall--
(A) develop a capability to communicate clearly and
authoritatively about threats by foreign adversaries;
(B) <<NOTE: Analysis.>> conduct independent red-
team security analysis of systems, subsystems, devices,
and components of the Department of Defense including
no-knowledge testing and testing with limited or full
knowledge of expected functionalities;
[[Page 134 STAT. 3475]]
(C) verify the integrity of personnel who are tasked
with design fabrication, integration, configuration,
storage, test, and documentation of noncommercial 5G
technology to be used by the Department;
(D) verify the efficacy of the physical security
measures used at Department locations where system
design, fabrication, integration, configuration,
storage, test, and documentation of 5G technology
occurs;
(E) <<NOTE: Assessment.>> direct the Chief
Information Officer to assess, using existing government
evaluation models and schema where applicable, 5G core
service providers whose services will be used by the
Department through the Department's provisional
authorization process; and
(F) direct the Defense Information Systems Agency
and the United States Cyber Command to develop a
capability for continuous, independent monitoring of
non-commercial, government-transiting packet streams for
5G data on frequencies assigned to the Department to
validate the availability, confidentiality, and
integrity of the Department's communications systems.
(3) <<NOTE: Deadline.>> Implementation plan.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a plan for the
implementation of the program under paragraph (1).
(4) Report.--Not later than 270 days after submitting the
plan under paragraph (3), the Secretary of Defense shall submit
to Congress a report that includes--
(A) <<NOTE: Assessment.>> a comprehensive
assessment of the findings and conclusions of the
program under paragraph (1);
(B) <<NOTE: Recommenda- tions.>> recommendations on
how to mitigate vulnerabilities in the
telecommunications infrastructure of the Department of
Defense; and
(C) an explanation of how the Department plans to
implement such recommendations.
(h) Rule of Construction.--
(1) In general.--Nothing in this section shall be construed
as providing the Chief Information Officer immediate
responsibility for the activities of the Department of Defense
in fifth-generation wireless networking experimentation and
science and technology development.
(2) Purview of experimentation and science and technology
development.--The activities described in paragraph (1) shall
remain within the purview of the Under Secretary of Defense for
Research and Engineering, but shall inform and be informed by
the activities of the cross-functional team established pursuant
to subsection (c).
SEC. 225. <<NOTE: 10 USC 4571 note.>> DEMONSTRATION PROJECT ON
USE OF CERTAIN TECHNOLOGIES FOR FIFTH-
GENERATION WIRELESS NETWORKING SERVICES.
(a) Demonstration Project.--The Secretary of Defense shall carry out
a demonstration project to evaluate the maturity, performance, and cost
of covered technologies to provide additional options for providers of
fifth-generation wireless network services.
(b) Location.--The Secretary of Defense shall carry out the
demonstration project under subsection (a) in at least one location
[[Page 134 STAT. 3476]]
where the Secretary plans to deploy a fifth-generation wireless network.
(c) Coordination.--The Secretary shall carry out the demonstration
project under subsection (a) in coordination with at least one major
wireless network service provider based in the United States.
(d) Covered Technologies Defined.--In this section, the term
``covered technologies'' means--
(1) a disaggregated or virtualized radio access network and
core in which components can be provided by different vendors
and interoperate through open protocols and interfaces,
including those protocols and interfaces utilizing the Open
Radio Access Network (commonly known as ``Open RAN'' or
``oRAN'') approach; and
(2) one or more massive multiple-input, multiple-output
radio arrays, provided by one or more companies based in the
United States, that have the potential to compete favorably with
radios produced by foreign companies in terms of cost,
performance, and efficiency.
SEC. 226. <<NOTE: 10 USC 4001 note.>> RESEARCH, DEVELOPMENT, AND
DEPLOYMENT OF TECHNOLOGIES TO SUPPORT
WATER SUSTAINMENT.
(a) In General.--The Secretary of Defense shall research, develop,
and deploy advanced water harvesting technologies to support and improve
water sustainment within the Department of Defense and in geographic
regions where the Department operates.
(b) Required Activities.--In carrying out subsection (a), the
Secretary shall--
(1) develop advanced water harvesting systems that reduce
weight and logistics support needs compared to conventional
water supply systems, including--
(A) modular water harvesting systems that are easily
transportable; and
(B) trailer mounted water harvesting systems that
reduce resupply needs;
(2) develop and implement storage requirements for water
harvesting systems at forward operating bases; and
(3) establish cross functional teams to identify geographic
regions where the deployment of water harvesting systems could
reduce conflict and potentially eliminate the need for the
presence of the Armed Forces.
(c) Additional Activities.--In addition to the activities required
under subsection (b), the Secretary shall--
(1) seek to leverage existing water harvesting techniques
and technologies and apply such techniques and technologies to
military operations carried out by the United States;
(2) consider using commercially available off-the-shelf
items (as defined in section 104 of title 41, United States
Code) and near-ready deployment technologies to achieve cost
savings and improve the self sufficiency of warfighters; and
(3) seek to enter into information sharing arrangements with
foreign militaries and other organizations that have the proven
ability to operate in water constrained areas for the purpose of
sharing lessons learned and best practices relating to water
harvesting.
[[Page 134 STAT. 3477]]
(d) <<NOTE: Deadline.>> Implementation.--The Secretary shall deploy
technologies developed under subsection (b)(1) for use by expeditionary
forces not later than January 1, 2025.
(e) Water Harvesting Defined.--In this section, the term ``water
harvesting'', when used with respect to a system or technology, means a
system or technology that is capable of creating useable water by--
(1) harvesting water from underutilized environmental
sources, such as by capturing water from ambient humidity; or
(2) recycling or otherwise reclaiming water that has
previously been used.
SEC. 227. LIMITATION ON CONTRACT AWARDS FOR CERTAIN UNMANNED
VESSELS.
(a) <<NOTE: Reports. Certification.>> Limitation.--Not less than 30
days before awarding a contract using any funds from the Research,
Development, Test, and Evaluation, Navy account for the purchase of a
covered vessel, the Secretary of the Navy shall submit to the
congressional defense committees a report and certification described in
subsection (c) for such contract and covered vessel.
(b) Covered Vessels.--For purposes of this section, a covered vessel
is one of the following:
(1) A large unmanned surface vessel (LUSV).
(2) A medium unmanned surface vehicle (MUSV).
(c) Report and Certification Described.--A report and certification
described in this subsection regarding a contract for a covered vessel
is--
(1) a report--
(A) <<NOTE: Risk assessment.>> submitted to the
congressional defense committees not later than 60 days
after the date of the completion of an independent
technical risk assessment for such covered vessel;
(B) <<NOTE: Recommenda- tions.>> on the findings
and recommendations of the Senior Technical Authority
for the class of naval vessels that includes the covered
vessel with respect to such assessment; and
(C) that includes such assessment; and
(2) a certification, submitted to the congressional defense
committees with the report described in paragraph (1), that
certifies that--
(A) <<NOTE: Determination.>> the Secretary has
determined, in conjunction with the Senior Technical
Authority for the class of naval vessels that includes
the covered vessel, that the critical mission, hull,
mechanical, and electrical subsystems of the covered
vessel--
(i) have been demonstrated in vessel-
representative form, fit, and function; and
(ii) have achieved performance levels equal to
or greater than applicable Department of Defense
threshold requirements for such class of vessels
or have maturation plans in place to achieve such
performance levels prior to transition to a
program of record, including a detailed
description of such achieved performance or
maturation plans; and
(B) such contract is necessary to meet Department
research, development, test, and evaluation objectives
for
[[Page 134 STAT. 3478]]
such covered vessel that cannot otherwise be met through
further land-based subsystem prototyping or other
demonstration approaches.
(d) Limitation on Weapon Integration.--
(1) <<NOTE: Effective date.>> In general.--The Secretary may
not integrate any offensive weapon system into a covered vessel
until the date that is 30 days after the date on which the
Secretary of the Defense certifies to the congressional defense
committees that such covered vessel--
(A) <<NOTE: Compliance.>> will comply with
applicable laws, including the law of armed conflict,
with a detailed explanation of how such compliance will
be achieved; and
(B) <<NOTE: Determination.>> has been determined to
be the most appropriate surface vessel to meet
applicable offensive military requirements.
(2) Completion of analysis of alternatives required.--A
determination under paragraph (1)(B) shall be made only after
the completion of an analysis of alternatives that--
(A) is described in subsection (e)(1); and
(B) supports such determination.
(e) Submittal of Analysis of Alternatives to Congress.--
(1) <<NOTE: Deadline.>> Analysis of alternatives
required.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees an analysis of alternatives
regarding covered vessels with an integrated offensive weapon
system and the most appropriate surface vessels to meet
applicable offensive military requirements.
(2) Contents.--The analysis submitted under paragraph (1)
shall include, at a minimum, the following elements:
(A) Identification of capability needs applicable to
such covered vessels, including offensive strike
capability and capacity from the Mark-41 vertical launch
system.
(B) Projected threats.
(C) Projected operational environments.
(D) Projected operational concepts.
(E) Projected operational requirements.
(F) Status quo (baseline) and surface vessel
alternatives able to meet the capability needs
identified in subparagraph (A), including--
(i) modified naval vessel designs, including
amphibious ships, expeditionary fast transports,
and expeditionary sea bases;
(ii) modified commercial vessel designs,
including container ships and bulk carriers;
(iii) new naval vessel designs; and
(iv) new commercial vessel designs.
(G) Vessel design, performance, and measures of
effectiveness of the baseline and each alternative,
including a description of critical mission, hull,
mechanical, and electrical subsystems.
(H) <<NOTE: Cost estimates.>> Estimated research,
development, test, and evaluation cost of baseline and
each alternative.
(I) <<NOTE: Cost estimates.>> Estimated lead vessel
and average follow-on vessel procurement costs of
baseline and each alternative.
(J) Life-cycle costs of baseline and each
alternative.
[[Page 134 STAT. 3479]]
(K) Life-cycle cost per baseline vessel and each
alternative vessel.
(L) Life-cycle cost per specified quantity of
baseline vessels and alternative vessels.
(M) <<NOTE: Assessment.>> Technology readiness
assessment of baseline and each alternative.
(N) Analysis of alternatives, including relative
cost and capability performance of baseline and
alternative vessels.
(O) Trade-off analysis.
(P) Sensitivity analysis.
(Q) <<NOTE: Recommenda- tions.>> Conclusions and
recommendations, which if the Secretary of Defense deems
it appropriate, shall include the determination required
under subsection (d)(1)(B).
(f) Definitions.--In this section:
(1) The term ``critical mission, hull, mechanical, and
electrical subsystems'', with respect to a covered vessel,
includes the following subsystems:
(A) Command, control, communications, computers,
intelligence, surveillance, and reconnaissance.
(B) Autonomous vessel navigation, vessel control,
contact management, and contact avoidance.
(C) Communications security, including
cryptopgraphy, encryption, and decryption.
(D) Main engines, including the lube oil, fuel oil,
and other supporting systems.
(E) Electrical generation and distribution,
including supporting systems.
(F) Military payloads.
(G) Any other subsystem identified as critical by
the Senior Technical Authority for the class of naval
vessels that includes the covered vessel.
(2) The term ``Senior Technical Authority'' means, with
respect to a class of naval vessels, the Senior Technical
Authority designated for that class of naval vessels under
section 8669b of title 10, United States Code.
Subtitle C--Artificial Intelligence and Emerging Technology
SEC. 231. MODIFICATION OF BIANNUAL REPORT ON THE JOINT ARTIFICIAL
INTELLIGENCE CENTER.
Section 260(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1293) is amended by adding at
the end the following new paragraphs:
``(11) <<NOTE: Assessments. Time period.>> The results of
an assessment, conducted biannually, on the efforts of the
Center and the Department of Defense to develop or contribute to
the development of standards for artificial intelligence,
including--
``(A) a description of such efforts;
``(B) <<NOTE: Evaluation.>> an evaluation of the
need to incorporate standards for artificial
intelligence into the strategies and doctrine of the
Department and a description of any efforts undertaken
to further the development and adoption of such
standards;
``(C) an explanation of any collaboration on
artificial intelligence standards development with--
[[Page 134 STAT. 3480]]
``(i) other organizations and elements of the
Department of Defense (including the Defense
Agencies and the military departments);
``(ii) agencies of the Federal Government;
``(iii) the intelligence community;
``(iv) representatives of the defense
industrial base and other sectors of private
industry; and
``(v) any other agencies, entities,
organizations, or persons the Secretary considers
appropriate; and
``(D) an explanation of any participation by the
Center and the Department of Defense in international or
other multi-stakeholder standard-setting bodies.
``(12) <<NOTE: Time periods.>> For each member of the Armed
Forces who concluded a formal assignment supporting the Center
in the period of six months preceding the date of the report, a
position description of the billet that the member transitioned
into, as provided to the Center by the Armed Force of the member
within 30 days of reassignment.
``(13) <<NOTE: Time period. Updates. Consultation.>> An
annual update, developed in consultation with the Armed Forces,
on the status of active duty members of the Armed Forces
assigned to the Center. This update shall include the following:
``(A) <<NOTE: Assessment.>> An assessment of the
effectiveness of such assignments in strengthening the
ties between the Center and the Armed Forces for the
purposes of--
``(i) identifying tactical and operational use
cases for artificial intelligence;
``(ii) improving data collection relating to
artificial intelligence; and
``(iii) establishing effective lines of
communication between the Center and the Armed
Forces to identify and address concerns from the
Armed Forces relating to the widespread adoption
and dissemination of artificial intelligence.
``(B) A description of any efforts undertaken to
create opportunities for additional nontraditional
broadening assignments at the Center for members of the
Armed Forces on active duty.
``(C) <<NOTE: Analysis.>> An analysis of the career
trajectories of active duty members of the Armed Forces
assigned to the Center, including any potential negative
effects of such assignment on the career trajectories of
such members.''.
SEC. 232. MODIFICATION OF JOINT ARTIFICIAL INTELLIGENCE RESEARCH,
DEVELOPMENT, AND TRANSITION ACTIVITIES.
Section 238 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``acquire,''
before ``develop''; and
(B) by amending paragraph (2) to read as follows:
``(2) Emphasis.--The set of activities established under
paragraph (1) shall include--
``(A) acquisition and development of mature
artificial intelligence technologies in support of
defense missions;
[[Page 134 STAT. 3481]]
``(B) applying artificial intelligence and machine
learning solutions to operational problems by directly
delivering artificial intelligence capabilities to the
Armed Forces and other organizations and elements of the
Department of Defense;
``(C) accelerating the development, testing, and
fielding of new artificial intelligence and artificial
intelligence-enabling capabilities; and
``(D) coordinating and deconflicting activities
involving artificial intelligence and artificial
intelligence-enabled capabilities within the
Department.'';
(2) by striking subsection (e);
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(4) by inserting after subsection (b) the following new
subsection:
``(c) Organization and Roles.--
``(1) Assignment of roles and responsibilities.--
``(A) In general.--In addition to designating an
official under subsection (b), the Secretary of Defense
shall assign to appropriate officials within the
Department of Defense roles and responsibilities
relating to the research, development, prototyping,
testing, procurement of, requirements for, and
operational use of artificial intelligence technologies.
``(B) Appropriate officials.--The officials assigned
roles and responsibilities under subparagraph (A) shall
include--
``(i) the Under Secretary of Defense for
Research and Engineering;
``(ii) the Under Secretary of Defense for
Acquisition and Sustainment;
``(iii) the Director of the Joint Artificial
Intelligence Center;
``(iv) one or more officials in each military
department;
``(v) officials of appropriate Defense
Agencies; and
``(vi) such other officials as the Secretary
of Defense determines appropriate.
``(2) Role of director of the joint artificial intelligence
center.--
``(A) Direct report to deputy secretary of
defense.--During the covered period, the Director of the
Joint Artificial Intelligence Center shall report
directly to the Deputy Secretary of Defense without
intervening authority.
``(B) <<NOTE: Deadline.>> Continuation.--The
Director of the Joint Artificial Intelligence Center
shall continue to report to the Deputy Secretary of
Defense as described in subparagraph (A) after the
expiration of the covered period if, not later than 30
days before such period expires, the Deputy Secretary--
``(i) <<NOTE: Determination.>> determines
that the Director should continue to report to
Deputy Secretary without intervening authority;
and
``(ii) <<NOTE: Notice.>> transmits notice of
such determination to the congressional defense
committees.
[[Page 134 STAT. 3482]]
``(C) Covered period defined.--In this paragraph,
the term `covered period' means the period of two years
beginning on the date of the enactment of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021.'';
(5) in subsection (d), as so redesignated--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``acquire,'' before
``develop'';
(B) in the heading of paragraph (2), by striking
``development'' and inserting ``acquisition,
development''; and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by striking ``To the degree practicable, the
designated official'' and inserting ``The official
designated under subsection (b)'';
(ii) in subparagraph (A), by striking
``development'' and inserting ``acquisition'';
(iii) by redesignating subparagraphs (H) and
(I) as subparagraphs (J) and (K), respectively;
and
(iv) by inserting after subparagraph (G), the
following new subparagraphs:
``(H) develop standard data formats for the
Department that--
``(i) aid in defining the relative maturity of
datasets; and
``(ii) inform best practices for cost and
schedule computation, data collection strategies
aligned to mission outcomes, and dataset
maintenance practices;
``(I) establish data and model usage agreements and
collaborative partnership agreements for artificial
intelligence product development with each organization
and element of the Department, including each of the
Armed Forces;'';
(6) in subsection (e), as so redesignated--
(A) <<NOTE: Deadline. Regulations.>> by striking
``The Secretary shall'' and inserting ``Not later than
180 days after the date of the enactment of the William
M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021, the Secretary of Defense shall
issue regulations to'';
(B) by striking ``the coordination described in
subsection (b) and the duties set forth in subsection
(c)'' and inserting ``the duties set forth in subsection
(d)''; and
(C) by adding at the end the following new sentence:
``At a minimum, such access shall ensure that the
Director of the Joint Artificial Intelligence Center has
the ability to discover, access, share, and
appropriately reuse data and models of the Armed Forces
and other organizations and elements of the Department
of Defense, build and maintain artificial intelligence
capabilities for the Department, and execute the duties
assigned to the Director by the Secretary.''; and
(7) by adding at the end the following new subsection:
``(h) Joint Artificial Intelligence Center Defined.--In this
section, term `Joint Artificial Intelligence Center' means the Joint
Artificial Intelligence Center of the Department of Defense established
pursuant to the memorandum of the Secretary of Defense
[[Page 134 STAT. 3483]]
dated June 27, 2018, and titled `Establishment of the Joint Artificial
Intelligence Center', or any successor to such Center.''.
SEC. 233. <<NOTE: 10 USC 4001 note.>> BOARD OF ADVISORS FOR THE
JOINT ARTIFICIAL INTELLIGENCE CENTER.
(a) Establishment.--The Secretary of Defense shall establish a board
of advisors for the Joint Artificial Intelligence Center.
(b) Duties.--The duties of the board of advisors shall include the
following:
(1) Provide independent strategic advice and technical
expertise to the Secretary and the Director on matters relating
to the development and use of artificial intelligence by the
Department of Defense.
(2) Evaluate and advise the Secretary and the Director on
ethical matters relating to the development and use of
artificial intelligence by the Department.
(3) Conduct long-term and long-range studies on matters
relating to artificial intelligence, as required.
(4) Evaluate and provide recommendations to the Secretary
and the Director regarding the Department's development of a
robust workforce proficient in artificial intelligence.
(5) Assist the Secretary and the Director in developing
strategic level guidance on artificial intelligence-related
hardware procurement, supply-chain matters, and other technical
matters relating to artificial intelligence.
(c) <<NOTE: Appointments.>> Membership.--The board of advisors
shall be composed of appropriate experts from academic or private sector
organizations outside the Department of Defense, who shall be appointed
by the Secretary.
(d) Chairperson.--The chairperson of the board of advisors shall be
selected by the Secretary.
(e) <<NOTE: Time period.>> Meetings.--The board of advisors shall
meet not less than once each fiscal quarter and may meet at other times
at the call of the chairperson or a majority of its members.
(f) <<NOTE: Time period.>> Reports.--Not later than September 30 of
each year through September 30, 2024, the board of advisors shall submit
to the congressional defense committees a report that summarizes the
activities of the board over the preceding year.
(g) Definitions.--In this section:
(1) The term ``artificial intelligence'' has the meaning
given that term in section 238(g) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 10 U.S.C. 2358 note).
(2) The term ``Director'' means the Director of the Joint
Artificial Intelligence Center.
(3) The term ``Joint Artificial Intelligence Center'' means
the Joint Artificial Intelligence Center of the Department of
Defense established pursuant to the memorandum of the Secretary
of Defense dated June 27, 2018, and titled ``Establishment of
the Joint Artificial Intelligence Center'', or any successor to
such Center.
(4) The term ``Secretary'' means the Secretary of Defense.
SEC. 234. <<NOTE: 10 USC 113 note.>> 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
[[Page 134 STAT. 3484]]
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) <<NOTE: Coordination.>> Prototyping Activities Aligned to Use
Cases.--The Secretary, acting through the Under Secretary of Defense for
Research and Engineering and in coordination with the Director of the
Joint Artificial Intelligence Center and such other officers and
employees as the Secretary considers appropriate, shall pilot technology
development and prototyping activities that leverage commercially
available technologies and systems to demonstrate new artificial
intelligence enabled capabilities to support the use cases identified
under subsection (a).
(c) <<NOTE: Deadline.>> Briefing.--Not later than October 1, 2021,
the Secretary shall provide to the congressional defense committees a
briefing summarizing the activities carried out under this section.
SEC. 235. ACQUISITION OF ETHICALLY AND RESPONSIBLY DEVELOPED
ARTIFICIAL INTELLIGENCE TECHNOLOGY.
(a) Assessment Required.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of Defense, shall conduct an assessment to determine--
(A) whether the Department of Defense has the
ability, requisite resourcing, and sufficient expertise
to ensure that any artificial intelligence technology
acquired by the Department is ethically and responsibly
developed; and
(B) how the Department can most effectively
implement ethical artificial intelligence standards in
acquisition processes and supply chains.
(2) Elements.--The assessment conducted under paragraph (1)
shall address the following:
(A) Whether there are personnel occupying relevant
roles within the Department of Defense who have
sufficient expertise, across multiple disciplines
(including ethical, legal, and technical expertise)--
(i) to advise on the acquisition of artificial
intelligence technology; and
(ii) to ensure the acquisition of ethically
and responsibly developed artificial intelligence
technology.
(B) The feasibility and advisability of retaining
outside experts as consultants to assist the Department
in strengthening capacity and filling any gaps in
expertise identified under subparagraph (A).
(C) The extent to which existing acquisition
processes encourage or require consultation with
relevant experts across multiple disciplines within the
Department to ensure that artificial intelligence
technology acquired by the Department is ethically and
responsibly developed.
(D) Quantitative and qualitative standards for
assessing the extent to which experts across multiple
disciplines are engaged in the acquisition of artificial
intelligence technology by the department.
[[Page 134 STAT. 3485]]
(b) Briefing Required.--
(1) <<NOTE: Deadline.>> In general.--Not later than 30 days
after the date on which the Secretary of Defense completes the
assessment under subsection (a), the Secretary shall provide to
the congressional defense committees a briefing on the results
of the assessment.
(2) Elements.--The briefing under paragraph (1) shall
include, based on the results of the assessment--
(A) an explanation of whether the Department of
Defense has personnel, in the proper roles and with
sufficient expertise across multiple disciplines, to
ensure the acquisition of ethically and responsibly
developed artificial intelligence technology;
(B) an explanation of whether the Department has
adequate procedures to encourage or require the
consultation of such experts as part of the acquisition
process for artificial intelligence technology;
(C) an explanation of any procedures the Department
has in place to ensure that activities involving
artificial intelligence are consistent with the
Department's ethical artificial intelligence standards;
and
(D) with respect to any deficiencies identified
under subparagraph (A), (B), or (C), a description of
any measures that have been taken, and any additional
resources that may be needed, to mitigate such
deficiencies.
SEC. 236. <<NOTE: 10 USC 4001 note.>> STEERING COMMITTEE ON
EMERGING TECHNOLOGY.
(a) Establishment.--The Secretary of Defense may establish a
steering committee on emerging technology and national security threats
(referred to in this section as the ``Steering Committee'').
(b) Membership.--The Steering Committee shall be composed of the
following:
(1) The Deputy Secretary of Defense.
(2) The Vice Chairman of the Joint Chiefs of Staff.
(3) The Under Secretary of Defense for Intelligence and
Security.
(4) The Under Secretary of Defense for Research and
Engineering.
(5) The Under Secretary of Defense for Personnel and
Readiness.
(6) The Under Secretary of Defense for Acquisition and
Sustainment.
(7) The Chief Information Officer.
(8) Such other officials of the Department of Defense as the
Secretary of Defense determines appropriate.
(c) Responsibilities.--The Steering Committee shall be responsible
for--
(1) developing a strategy for the organizational change,
concept and capability development, and technology investments
in emerging technologies that are needed to maintain the
technological superiority of the United States military as
outlined in the National Defense Strategy;
(2) providing assessments of emerging threats and
identifying investments and advances in emerging technology
areas undertaken by adversaries of the United States;
(3) making recommendations to the Secretary of Defense on--
[[Page 134 STAT. 3486]]
(A) the implementation of the strategy developed
under paragraph (1);
(B) steps that may be taken to address the threats
identified under paragraph (2);
(C) any changes to a program of record that may be
required to achieve the strategy under paragraph (1);
(D) any changes to the Defense Planning Guidance
required by section 113(g)(2)(A) of title 10, United
States Code, that may be required to achieve the
strategy under paragraph (1); and
(E) whether sufficient resources are available for
the research activities, workforce, and infrastructure
of the Department of Defense to support the development
of capabilities to defeat emerging threats to the United
States; and
(4) carrying out such other activities as are assigned to
the Steering Committee by the Secretary of Defense.
(d) Emerging Technology Defined.--In this section, the term
``emerging technology'' means technology determined to be in an emerging
phase of development by the Secretary, including quantum information
science and technology, data analytics, artificial intelligence,
autonomous technology, advanced materials, software, high performance
computing, robotics, directed energy, hypersonics, biotechnology,
medical technologies, and such other technology as may be identified by
the Secretary.
(e) Sunset.--This section shall terminate on October 1, 2024.
Subtitle D--Education and Workforce Development
SEC. 241. <<NOTE: 10 USC 501 note prec.>> MEASURING AND
INCENTIVIZING PROGRAMMING PROFICIENCY.
(a) <<NOTE: Deadline.>> In General.--Not later than two years after
the date of the enactment of this Act, the Secretary of Defense shall
carry out the following activities:
(1) Leverage existing civilian software development and
software architecture certification programs to implement coding
language proficiency and artificial intelligence competency
tests within the Department of Defense that--
(A) measure an individual's competency in using
machine learning tools, in a manner similar to the way
the Defense Language Proficiency Test measures
competency in foreign language skills;
(B) enable the identification of members of the
Armed Forces and civilian employees of the Department of
Defense who have varying levels of quantified coding
comprehension and skills and a propensity to learn new
programming paradigms, algorithms, and data analytics;
and
(C) include hands-on coding demonstrations and
challenges.
(2) <<NOTE: Update. Records.>> Update existing
recordkeeping systems to track artificial intelligence and
programming certification testing results in a manner that is
comparable to the system used for tracking and documenting
foreign language competency, and use that recordkeeping system
to ensure that workforce coding and
[[Page 134 STAT. 3487]]
artificial intelligence comprehension and skills are taken into
consideration when making assignments.
(3) Implement a system of rewards, including appropriate
incentive pay and retention incentives, for members of the Armed
Forces and civilian employees of the Department of Defense who
perform successfully on specific language coding proficiency and
artificial intelligence competency tests and make their skills
available to the Department.
(b) <<NOTE: Determination.>> Information Sharing With Other Federal
Agencies.--The Secretary of Defense shall share information on the
activities carried out under subsection (a) with the Secretary of
Homeland Security, the Attorney General, the Director of National
Intelligence, and the heads of such other organizations of the
intelligence community as the Secretary determines appropriate, for
purposes of--
(1) making information about the coding language proficiency
and artificial intelligence competency tests developed under
such subsection available to other Federal national security
agencies; and
(2) encouraging the heads of such agencies to implement
tracking and reward systems that are comparable to those
implemented by the Department of Defense pursuant to such
subsection.
(c) Special Pay for Programming Language Proficiency Beneficial for
National Security Interests.--
(1) In general.--Chapter 81 of title 10, United States Code,
is amended by inserting after section 1596b the following new
section:
``Sec. 1596c. <<NOTE: 10 USC 1596c.>> Programming language
proficiency: special pay for proficiency
beneficial for national security interests
``(a) Authority.--The Secretary of Defense, under the sole and
exclusive discretion of the Secretary, may pay special pay under this
section to an employee of the Department of Defense who--
``(1) <<NOTE: Certification.>> has been certified by the
Secretary to be proficient in a computer or digital programming
language identified by the Secretary as being a language in
which proficiency by civilian personnel of the Department is
necessary because of national security interests; and
``(2) is assigned duties requiring proficiency in that
programming language.
``(b) Rate.--The rate of special pay for an employee under this
section shall be prescribed by the Secretary, but may not exceed 20
percent of the employee's rate of basic pay.
``(c) Relationship to Other Pay and Allowances.--Special pay under
this section is in addition to any other pay or allowances to which the
employee is entitled.
``(d) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 81 of such title <<NOTE: 10 USC 1580
prec.>> is amended by inserting
[[Page 134 STAT. 3488]]
after the item relating to section 1596b the following new item:
``1596c. Programming language proficiency: special pay for proficiency
beneficial for national security interests.''.
SEC. 242. MODIFICATION OF SCIENCE, MATHEMATICS, AND RESEARCH FOR
TRANSFORMATION (SMART) DEFENSE EDUCATION
PROGRAM.
Section 2192a of title 10, United States Code, is amended--
(1) in subsection (c)(1)(B)(i), by inserting ``, including
by serving on active duty in the Armed Forces'' after
``Department'';
(2) in subsection (d)--
(A) in paragraph (1), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) may establish arrangements so that participants may
participate in a paid internship for an appropriate period with
an industry sponsor.''; and
(3) in subsection (f)--
(A) by inserting ``(1)'' before ``The Secretary'';
and
(B) by adding at the end the following new
paragraph:
``(2) The Secretary of Defense shall seek to enter into partnerships
with minority institutions of higher education and appropriate public
and private sector organizations to diversify the participants in the
program under subsection (a).''.
SEC. 243. IMPROVEMENTS TO TECHNOLOGY AND NATIONAL SECURITY
FELLOWSHIP OF DEPARTMENT OF DEFENSE.
(a) Modification Regarding Basic Pay.--Subparagraph (A) of section
235(a)(4) of National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 1580 note prec.) is amended to read as
follows:
``(A) shall be compensated at a rate of basic pay
that is not less than the minimum rate of basic pay
payable for a position at GS-10 of the General Schedule
(subchapter III of chapter 53 of title 5, United States
Code) and not more than the maximum rate of basic pay
payable for a position at GS-15 of such Schedule; and''.
(b) Background Checks.--Subsection (b) of such section is amended by
adding at the end the following new paragraph:
``(3) Background check requirement.--No individual may
participate in the fellows program without first undergoing a
background check that the Secretary of Defense considers
appropriate for participation in the program.''.
SEC. 244. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO
TECHNICAL TALENT AND EXPERTISE AT ACADEMIC
INSTITUTIONS.
Section 217 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``National Defense
Authorization Act for Fiscal Year 2020'' and
inserting ``William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021'';
and
[[Page 134 STAT. 3489]]
(ii) by striking ``not fewer than three'' and
inserting ``not fewer than four'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) Coordination.--In carrying out paragraph (1), the
Secretary of Defense may act through the Defense Advanced
Research Projects Agency or any other organization or element of
the Department of Defense the Secretary considers
appropriate.''; and
(D) in paragraph (3), as so redesignated, by
inserting ``training,'' after ``management,'';
(2) in subsection (e)--
(A) in paragraph (28) by striking ``Infrastructure
resilience'' and inserting ``Additive manufacturing'';
(B) by redesignating paragraph (30) as paragraph
(31); and
(C) by inserting after paragraph (29) the following
new paragraph:
``(30) 3D and virtual technology training platforms.'';
(3) by redesignating subsections (f) and (g) as subsection
(g) and (h), respectively;
(4) by inserting after subsection (e) the following new
subsection:
``(f) Requirement To Establish Consortia.--
``(1) In general.--In carrying out subsection (a)(1)--
``(A) the Secretary of Defense shall seek to
establish at least one multi-institution consortium
through the Office of the Secretary of Defense;
``(B) the Secretary of the Army shall seek to
establish at least one multi-institution consortium
through the Army;
``(C) the Secretary of the Navy shall seek to
establish at least one multi-institution consortium
through the Navy; and
``(D) the Secretary of the Air Force shall seek to
establish at least one multi-institution consortium
through the Air Force.
``(2) Report required.--Not later than September 30, 2022,
the Secretary of Defense shall submit to the congressional
defense committees a report on the status of the efforts to
establish consortia under paragraph (1).''; and
(5) in subsection (g), as so redesignated, by striking
``2022'' and inserting ``2026''.
SEC. 245. <<NOTE: 10 USC 2191 note prec.>> ENCOURAGEMENT OF
CONTRACTOR SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATHEMATICS (STEM)
PROGRAMS.
(a) <<NOTE: Coordination.>> In General.--The Under Secretary of
Defense for Research and Engineering, in coordination with the Under
Secretary of Defense for Acquisition and Sustainment, shall develop
programs and incentives to ensure that Department of Defense contractors
take appropriate steps to--
(1) enhance undergraduate, graduate, and doctoral programs
in science, technology, engineering, and mathematics (in this
section referred to as ``STEM'');
(2) make investments, such as programming and curriculum
development, in STEM programs within elementary schools and
secondary schools;
[[Page 134 STAT. 3490]]
(3) encourage employees to volunteer in elementary schools
and secondary schools, including schools that the Secretary of
Defense determines serve high numbers or percentages of students
from low-income families or that serve significant populations
of military dependents, in order to enhance STEM education and
programs;
(4) establish partnerships with appropriate entities,
including institutions of higher education for the purpose of
training students in technical disciplines;
(5) make personnel available to advise and assist in STEM
educational activities aligned with functions of the Department
of Defense;
(6) award scholarships and fellowships, and establish work-
based learning programs in scientific disciplines;
(7) conduct recruitment activities to enhance the diversity
of the STEM workforce; or
(8) make internships available to students of secondary
schools, undergraduate, graduate, and doctoral programs in STEM
disciplines.
(b) <<NOTE: Procedures.>> Award Program.--The Secretary of Defense
shall establish procedures to recognize defense industry contractors
that demonstrate excellence in supporting STEM education, partnerships,
programming, and other activities to enhance participation in STEM
fields.
(c) <<NOTE: Reports.>> Implementation.--Not later than 270 days
after the date of the enactment of this Act, the Under Secretary of
Defense for Research and Engineering shall submit to the congressional
defense committees a report on the steps taken to implement the
requirements of this section.
(d) Definitions.--In this section:
(1) The terms ``elementary school'' and ``secondary school''
have the meanings given those terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) The term ``institution of higher education'' has the
meaning given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(e) Conforming Repeal.--Section 862 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C.
note prec. 2191) is repealed.
SEC. 246. <<NOTE: 10 USC 2001 note prec.>> TRAINING PROGRAM FOR
HUMAN RESOURCES PERSONNEL IN BEST
PRACTICES FOR TECHNICAL WORKFORCE.
(a) Pilot Training Program.--
(1) <<NOTE: Deadline.>> In general.--Not later than one
year after the date of the enactment of this Act, the Secretary
of Defense, acting through the Under Secretary of Defense for
Personnel and Readiness and the Under Secretary of Defense for
Research and Engineering, shall develop and implement a pilot
program to provide covered human resources personnel with
training in public and private sector best practices for
attracting and retaining technical talent.
(2) <<NOTE: Procedures.>> Training areas.--The pilot
program shall include training in the authorities and procedures
that may be used to recruit technical personnel for positions in
the Department of Defense, including--
(A) appropriate direct hiring authorities;
[[Page 134 STAT. 3491]]
(B) excepted service authorities;
(C) personnel exchange authorities;
(D) authorities for hiring special government
employees and highly qualified experts;
(E) special pay authorities; and
(F) private sector best practices to attract and
retain technical talent.
(3) Metrics.--The Secretary of Defense shall develop metrics
to evaluate the effectiveness of the pilot program in
contributing to the ability of the Department of Defense to
attract and retain technical talent.
(4) Plan required.--The Secretary of Defense shall develop a
plan for the implementation of the pilot program.
(b) Reports.--
(1) Report on plan.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that
sets forth the plan required under subsection (a)(4).
(2) Report on pilot program.--Not later than three years
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a
report on the results of the pilot program.
(c) Definitions.--In this section:
(1) The term ``covered human resources personnel'' means
members of the Armed Forces and civilian employees of the
Department of Defense, including human resources professionals,
hiring managers, and recruiters, who are responsible for hiring
technical talent.
(2) The term ``technical talent'' means individuals with
expertise in high priority technical disciplines.
(d) Termination.--The requirement to carry out the pilot program
under this section shall terminate five years after the date of the
enactment of this Act.
SEC. 247. <<NOTE: 10 USC 1580 note prec.>> PILOT PROGRAM ON THE
USE OF ELECTRONIC PORTFOLIOS TO EVALUATE
CERTAIN APPLICANTS FOR TECHNICAL
POSITIONS.
(a) <<NOTE: Deadline.>> Pilot Program.--Beginning not later than
one year after the date of the enactment of this Act, the Secretary of
Defense shall carry out a pilot program under which certain applicants
for technical positions within the Department of Defense will be
evaluated, in part, based on electronic portfolios of the applicant's
work, as described in subsection (b).
(b) <<NOTE: Consultation.>> Activities.--Under the pilot program,
the human resources manager of each organization of the Department of
Defense participating in the program, in consultation with relevant
subject matter experts, shall--
(1) identify a subset of technical positions for which the
evaluation of electronic portfolios would be appropriate as part
of the hiring process; and
(2) <<NOTE: Assessment.>> as appropriate, assess applicants
for such positions by reviewing electronic portfolios of the
applicants' best work, as selected by the applicant concerned.
(c) Scope of Program.--The Secretary of Defense shall carry out the
pilot program under subsection (a) in--
(1) the Joint Artificial Intelligence Center;
(2) the Defense Digital Service;
[[Page 134 STAT. 3492]]
(3) at least one activity of each military department, as
identified by the Secretary of the department concerned; and
(4) such other organizations and elements of the Department
of Defense as the Secretary determines appropriate.
(d) Report.--Not later than two years after the commencement of the
pilot program under subsection (a), the Secretary of Defense shall
submit to the congressional defense committees a report on the results
of the program. At a minimum, the report shall--
(1) describe how the use of electronic portfolios in the
hiring process affected the timeliness of the hiring process for
technical positions in organizations of the Department of
Defense participating in the program;
(2) <<NOTE: Assessment.>> assess the level of satisfaction
of organization leaders, hiring authorities, and subject matter
experts with the quality of applicants who were hired based on
evaluations of electronic portfolios;
(3) identify other job series that could benefit from the
use of electronic portfolios in the hiring process;
(4) <<NOTE: Recommenda- tions.>> recommend whether the use
of electronic portfolios in the hiring process should be
expanded or made permanent; and
(5) <<NOTE: Recommenda- tions.>> recommend any statutory,
regulatory, or policy changes required to support the goals of
the pilot program under subsection (a).
(e) Technical Position Defined.--In this section, the term
``technical position'' means a position in the Department of Defense
that--
(1) requires expertise in artificial intelligence, data
science, or software development; and
(2) is eligible for direct hire authority under section 9905
of title 5, United States Code, or section 2358a of title 10,
United States Code.
(f) Termination.--The authority to carry out the pilot program under
subsection (a) shall terminate 5 years after the date of the enactment
of this Act.
SEC. 248. <<NOTE: 10 USC 2001 note prec.>> PILOT PROGRAM ON SELF-
DIRECTED TRAINING IN ADVANCED
TECHNOLOGIES.
(a) <<NOTE: List.>> Online Courses.--The Secretary of Defense shall
carry out a pilot program under which the Secretary makes available a
list of approved online courses relating to advanced technologies that
may be taken by civilian employees of the Department of Defense and
members of the Armed Forces on a voluntary basis while not engaged in
the performance of their duties.
(b) Procedures.--The Secretary shall establish procedures for the
development, selection, approval, adoption, and evaluation of online
courses under subsection (a) to ensure that such courses are supportive
of the goals of this section and overall goals for the training and
education of the civilian and military workforce of the Department of
Defense.
(c) Documentation of Completion.--The Secretary of Defense shall
develop and implement a system--
(1) to confirm whether a civilian employee of the Department
of Defense or member of the Armed Forces has completed an online
course approved by the Secretary under subsection (a); and
[[Page 134 STAT. 3493]]
(2) to document the completion of such course by such
employee or member.
(d) Incentives.--The Secretary of Defense shall develop and
implement incentives to encourage civilian employees of the Department
of Defense and members of the Armed Forces to complete online courses
approved by the Secretary under subsection (a).
(e) Metrics.--The Secretary of Defense shall develop metrics to
evaluate whether, and to what extent, the pilot program under this
section improves the ability of participants--
(1) to perform job-related functions; and
(2) to execute relevant missions of the Department of
Defense.
(f) Advanced Technologies Defined.--In this section, the term
``advanced technologies'' means technologies that the Secretary of
Defense determines to be in high-demand within the Department of Defense
and to which significant research and development efforts are devoted,
including technologies such as artificial intelligence, data science,
machine learning, fifth-generation telecommunications technology, and
biotechnology.
(g) Deadline.--The Secretary of Defense shall carry out the
activities described in subsections (a) through (e) not later than one
year after the date of the enactment of this Act.
(h) Sunset.--This section shall terminate on October 1, 2024.
SEC. 249. <<NOTE: 10 USC 4001 note.>> PART-TIME AND TERM
EMPLOYMENT OF UNIVERSITY FACULTY AND
STUDENTS IN THE DEFENSE SCIENCE AND
TECHNOLOGY ENTERPRISE.
(a) <<NOTE: Deadline.>> Program Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall establish a program under which opportunities for part-time and
term employment are made available in the Defense science and technology
enterprise for faculty and students of institutions of higher education
for the purpose of enabling such faculty and students to carry out
research projects in accordance with subsection (b).
(b) Research Projects.--
(1) Faculty.--A faculty member who is employed in position
made available under subsection (a) shall, in the course of such
employment, carry out a research project that--
(A) relates to a topic in the field of science,
technology, engineering, or mathematics; and
(B) contributes to the objectives of the Department
of Defense, as determined by the Secretary of Defense.
(2) Students.--A student employed in position made available
under subsection (a) shall assist a faculty member with a
research project described in paragraph (1).
(c) Selection of Participants.--The Secretary of Defense, acting
through the heads of participating organizations in the Defense science
and technology enterprise, shall select individuals for participation in
the program under subsection (a) as follows:
(1) Faculty members shall be selected for participation on
the basis of--
(A) the academic credentials and research experience
of the faculty member; and
(B) the extent to which the research proposed to be
carried out by the faculty member will contribute to the
objectives of the Department of Defense.
[[Page 134 STAT. 3494]]
(2) Students shall be selected to assist with a research
project under the program on the basis of--
(A) the academic credentials and other
qualifications of the student; and
(B) the student's ability to fulfill the
responsibilities assigned to the student as part of the
project.
(d) Minimum Number of Positions.--
(1) In general.--During the first year of the program under
subsection (a), the Secretary of Defense shall establish not
fewer than 10 part-time or term positions for faculty.
(2) Artificial intelligence and machine learning.--Of the
positions established under paragraph (1), not fewer than five
such positions shall be reserved for faculty who will conduct
research in the area of artificial intelligence and machine
learning.
(e) Authorities.--In carrying out the program under subsection (a),
the Secretary of Defense, or the head of an organization in the Defense
science and technology enterprise, as applicable, may--
(1) use any hiring authority available to the Secretary or
the head of such organization, including--
(A) any hiring authority available under a
laboratory demonstration program, including the hiring
authority provided under section 2358a of title 10,
United States Code;
(B) direct hiring authority under section 1599h of
title 10, United States Code; and
(C) expert hiring authority under section 3109 of
title 5, United States Code;
(2) <<NOTE: Contracts.>> enter into cooperative research
and development agreements under section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) to
enable the sharing of research and expertise with institutions
of higher education and the private sector; and
(3) <<NOTE: Referral bonuses.>> pay referral bonuses to
faculty or students participating in the program who identify--
(A) students to assist in a research project under
the program; or
(B) students or recent graduates to participate in
other programs in the Defense science and technology
enterprise, including internships at Department of
Defense laboratories and in the Pathways Program of the
Department.
(f) Annual Reports.--
(1) Initial report.--Not later than 30 days after the
conclusion of the first year of the program under subsection
(a), the Secretary of Defense shall submit to the congressional
defense committees a report on the status of the program. The
report shall include--
(A) identification of the number of faculty and
students employed under the program;
(B) identification of the organizations in the
Defense science and technology enterprise that employed
such individuals; and
(C) a description of the types of research conducted
by such individuals.
(2) Subsequent reports.--Not later than 30 days after the
conclusion of the second and third years of the program under
subsection (a), the Secretary of Defense shall submit
[[Page 134 STAT. 3495]]
to the congressional defense committees a report on the progress
of the program. Each report shall include--
(A) the information described in subparagraphs (A)
through (C) of paragraph (1);
(B) the results of any research projects conducted
under the program; and
(C) the number of students and recent graduates who,
pursuant to a reference from a faculty member or student
participating in the program as described in subsection
(e)(3), were hired by the Department of Defense or
selected for participation in another program in the
Defense science and technology enterprise.
(g) Definitions.--In this section:
(1) The term ``Defense science and technology enterprise''
means--
(A) the research organizations of the military
departments;
(B) the science and technology reinvention
laboratories (as designated under section 1105 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 10 U.S.C. 2358 note));
(C) the facilities of the Major Range and Test
Facility Base (as defined in section 2358a(f)(3) of
title 10, United States Code); and
(D) the Defense Advanced Research Projects Agency.
(2) The term ``faculty'' means an individual who serves as a
professor, researcher, or instructor at an institution of higher
education.
(3) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
SEC. 250. <<NOTE: 10 USC 2192a note.>> NATIONAL SECURITY
WORKFORCE AND EDUCATIONAL DIVERSITY
ACTIVITIES.
(a) In General.--The Secretary of Defense shall seek to diversify
participation in the Science, Mathematics, and Research for
Transformation (SMART) Defense Education Program under section 2192a of
title 10, United States Code.
(b) Activities.--In carrying out subsection (a), the Secretary
shall--
(1) subject to the availability of appropriations for this
purpose, set aside funds for financial assistance, scholarships,
and fellowships for students at historically Black colleges or
universities or at minority institutions of higher education and
such other institutions as the Secretary considers appropriate;
(2) partner with institutions of higher education, and such
other public and private sector organizations as the Secretary
considers appropriate, to increase diversity of participants in
the program described in subsection (a);
(3) establish individual and organizational incentives, and
such other activities as the Secretary considers appropriate, to
increase diversity of student participation in the program
described in subsection (a);
(4) increase awareness of opportunities to participate in
the program described in subsection (a);
(5) <<NOTE: Evaluation.>> evaluate the potential for new
programs, fellowships, and other activities at historically
Black colleges or universities
[[Page 134 STAT. 3496]]
and minority institutions of higher education to increase
diversity in educational and workforce development programs;
(6) identify potential changes to the program described in
subsection (a) that would improve diversity of participants in
such program; and
(7) establish metrics to evaluate success of activities
under this section.
(c) Report.--Not later than September 30, 2024, the Secretary of
Defense shall submit to the congressional defense committees a report
that evaluates the success of activities conducted by the Secretary in
increasing diversity in appropriate programs of the Department of
Defense and hiring and retaining diverse individuals in the science,
mathematics, and research workforce of the public sector.
SEC. 251. <<NOTE: 10 USC 1580 note prec.>> COORDINATION OF
SCHOLARSHIP AND EMPLOYMENT PROGRAMS OF THE
DEPARTMENT OF DEFENSE.
(a) Establishment or Designation of Organization.--The Secretary of
Defense shall establish or designate an organization within the
Department of Defense which shall have primary responsibility for
building cohesion and collaboration across the various scholarship and
employment programs of the Department.
(b) Duties.--The organization established or designated under
subsection (a) shall have the following duties:
(1) To establish an interconnected network and database
across the scholarship and employment programs of the
Department.
(2) To aid in matching scholarships to individuals pursuing
courses of study in high demand skill areas.
(3) To build a network of current and former program
participants for potential engagement or employment with
Department activities.
(c) <<NOTE: Public information. Web posting.>> Annual Listing.--On
an annual basis, the organization established or designated under
subsection (a) shall publish, on a publicly accessible website of the
Department, a listing of scholarship and employment programs carried out
by the Department.
SEC. 252. STUDY ON MECHANISMS FOR ATTRACTING AND RETAINING HIGH
QUALITY TALENT IN THE DEPARTMENT OF
DEFENSE.
(a) <<NOTE: Contracts.>> Study Required.--The Secretary of Defense
shall enter into an agreement with an independent academic institution
to conduct a study to develop policy options and recommendations for the
establishment of a program to attract and retain covered individuals for
employment in the Department of Defense.
(b) <<NOTE: Analyses.>> Elements.--The study required under
subsection (a) shall include the following:
(1) An analysis of mechanisms the Department may use to
engage public and private sector organizations to assist in the
identification and recruitment of covered individuals for
employment in the Department of Defense.
(2) Identification of statutory, regulatory, and
organizational barriers to the development of the program
described in subsection (a).
(3) An analysis of monetary and nonmonetary incentives that
may be provided to retain covered individuals in positions in
the Department.
(4) An analysis of methods that may be implemented to ensure
appropriate vetting of covered individuals.
[[Page 134 STAT. 3497]]
(5) An analysis of the size of a program required to advance
the competitiveness of the research, development, test, and
evaluation efforts of the Department in the critical
technologies identified in the National Defense Strategy.
(6) The type and amount of resources required to implement
the program described in subsection (a).
(c) Reports.--
(1) Initial report.--Not later than February 1, 2021, the
Secretary shall submit to the congressional defense committees a
report on the plan of the Secretary to execute the study
required under subsection (a).
(2) Final report.--Not later than February 1, 2022, the
Secretary shall submit to the congressional defense committees a
report on the results of the study conducted under subsection
(a).
(d) Covered Individual Defined.--In this section, the term ``covered
individual'' means an individual who--
(1) is engaged in work to promote and protect the national
security of the United States;
(2) is engaged in basic or applied research, funded by the
Department of Defense; and
(3) possesses scientific or technical expertise that will
advance the development of critical technologies identified in
the National Defense Strategy or the National Defense Science
and Technology Strategy, required by section 218 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1679).
Subtitle E--Sustainable Chemistry
SEC. 261. <<NOTE: 15 USC 9301.>> NATIONAL COORDINATING ENTITY FOR
SUSTAINABLE CHEMISTRY.
(a) <<NOTE: Deadline.>> Establishment.--Not later than 180 days
after the date of enactment of this title, the Director of the Office of
Science and Technology Policy shall convene an interagency entity
(referred to in this subtitle as the ``Entity'') under the National
Science and Technology Council with the responsibility to coordinate
Federal programs and activities in support of sustainable chemistry,
including those described in sections 263 and 264.
(b) Coordination With Existing Groups.--In convening the Entity, the
Director of the Office of Science and Technology Policy shall consider
overlap and possible coordination with existing committees,
subcommittees, or other groups of the National Science and Technology
Council, such as--
(1) the Committee on Environment;
(2) the Committee on Technology;
(3) the Committee on Science; or
(4) related groups or subcommittees.
(c) Co-chairs.--The Entity shall be co-chaired by the Director of
the Office of Science and Technology Policy and a representative from
the Environmental Protection Agency, the National Institute of Standards
and Technology, the National Science Foundation, or the Department of
Energy, as selected by the Director of the Office of Science and
Technology Policy.
[[Page 134 STAT. 3498]]
(d) Agency Participation.--The Entity shall include representatives,
including subject matter experts, from the Environmental Protection
Agency, the National Institute of Standards and Technology, the National
Science Foundation, the Department of Energy, the Department of
Agriculture, the Department of Defense, the National Institutes of
Health, the Centers for Disease Control and Prevention, the Food and
Drug Administration, and other related Federal agencies, as appropriate.
(e) Termination.--The Entity shall terminate on the date that is 10
years after the date of the enactment of this Act.
SEC. 262. <<NOTE: 15 USC 9302.>> STRATEGIC PLAN FOR SUSTAINABLE
CHEMISTRY.
(a) <<NOTE: Deadline.>> Strategic Plan.--Not later than 2 years
after the date of the enactment of this subtitle, the Entity shall--
(1) <<NOTE: Consultation. Update.>> consult with relevant
stakeholders, including representatives from industry, academia,
national labs, the Federal Government, and international
entities, to develop and update, as needed, a consensus
definition of ``sustainable chemistry'' to guide the activities
under this subtitle;
(2) <<NOTE: Assessment.>> develop a working framework of
attributes characterizing, and metrics for assessing,
sustainable chemistry, as described in subsection (b);
(3) <<NOTE: Assessment.>> assess the state of sustainable
chemistry in the United States as a key benchmark from which
progress under the activities described in this title can be
measured, including assessing key sectors of the United States
economy, key technology platforms, commercial priorities, and
barriers to innovation;
(4) <<NOTE: Coordination.>> coordinate and support Federal
research, development, demonstration, technology transfer,
commercialization, education, and training efforts in
sustainable chemistry, including budget coordination and support
for public-private partnerships, as appropriate;
(5) identify any Federal regulatory barriers to, and
opportunities for, Federal agencies facilitating the development
of incentives for development, consideration, and use of
sustainable chemistry processes and products;
(6) identify major scientific challenges, roadblocks, and
hurdles to transformational progress in improving the
sustainability of the chemical sciences; and
(7) <<NOTE: Review.>> review, identify, and make effort to
eliminate duplicative Federal funding and duplicative Federal
research in sustainable chemistry.
(b) Characterizing and Assessing Sustainable Chemistry.--The Entity
shall develop a working framework of attributes characterizing, and
metrics for assessing, sustainable chemistry for the purposes of
carrying out this subtitle. In developing this framework, the Entity
shall--
(1) seek advice and input from stakeholders as described in
subsection (c);
(2) consider existing definitions of, or frameworks
characterizing and metrics for assessing, sustainable chemistry
already in use at Federal agencies;
(3) consider existing definitions of, or frameworks
characterizing and metrics for assessing, sustainable chemistry
already in use by international organizations of which the
[[Page 134 STAT. 3499]]
United States is a member, such as the Organisation for Economic
Co-operation and Development; and
(4) consider any other appropriate existing definitions of,
or frameworks characterizing and metrics for assessing,
sustainable chemistry.
(c) Consultation.--In carrying out the duties described in
subsections (a) and (b), the Entity shall consult with stakeholders
qualified to provide advice and information to guide Federal activities
related to sustainable chemistry through workshops, requests for
information, or other mechanisms as necessary. The stakeholders shall
include representatives from--
(1) business and industry, including trade associations and
small- and medium-sized enterprises from across the value chain;
(2) the scientific community, including the National
Academies of Sciences, Engineering, and Medicine, scientific
professional societies, national labs, and academia;
(3) the defense community;
(4) State, tribal, and local governments, including
nonregulatory State or regional sustainable chemistry programs,
as appropriate;
(5) nongovernmental organizations; and
(6) other appropriate organizations.
(d) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Entity shall submit a report to
the Committee on Environment and Public Works, the Committee on
Commerce, Science, and Transportation, the Committee on
Agriculture, Nutrition, and Forestry, the Committee on Health,
Education, Labor, and Pensions, and the Committee on
Appropriations of the Senate, and the Committee on Science,
Space, and Technology, the Committee on Energy and Commerce, the
Committee on Agriculture, the Committee on Education and Labor,
and the Committee on Appropriations of the House of
Representatives. In addition to the elements described in
subsections (a) and (b), the report shall include--
(A) <<NOTE: Summary.>> a summary of federally
funded sustainable chemistry research, development,
demonstration, technology transfer, commercialization,
education, and training activities;
(B) <<NOTE: Summary.>> a summary of the financial
resources allocated to sustainable chemistry initiatives
by each participating agency;
(C) <<NOTE: Assessment.>> an assessment of the
current state of sustainable chemistry in the United
States, including the role that Federal agencies are
playing in supporting it;
(D) <<NOTE: Analysis.>> an analysis of the progress
made toward achieving the goals and priorities of this
subtitle, and recommendations for future program
activities;
(E) <<NOTE: Evaluation.>> an evaluation of steps
taken and future strategies to avoid duplication of
efforts, streamline interagency coordination, facilitate
information sharing, and spread best practices among
participating agencies; and
(F) <<NOTE: Evaluation.>> an evaluation of
duplicative Federal funding and duplicative Federal
research in sustainable chemistry, efforts undertaken by
the Entity to eliminate duplicative
[[Page 134 STAT. 3500]]
funding and research, and recommendations on how to
achieve these goals.
(2) Submission to gao.--The Entity shall also submit the
report described in paragraph (1) to the Comptroller General of
the United States for consideration in future Congressional
inquiries.
(3) Additional reports.--The Entity shall submit a report to
Congress and the Comptroller General of the United States that
incorporates the information described in subparagraphs (A),
(B), (D), (E), and (F) of paragraph (1) every 3 years,
commencing after the initial report is submitted until the
Entity terminates.
SEC. 263. <<NOTE: 15 USC 9303.>> AGENCY ACTIVITIES IN SUPPORT OF
SUSTAINABLE CHEMISTRY.
(a) In General.--The agencies participating in the Entity shall
carry out activities in support of sustainable chemistry, as appropriate
to the specific mission and programs of each agency.
(b) Activities.--The activities described in subsection (a) shall--
(1) <<NOTE: Determination.>> incorporate sustainable
chemistry into existing research, development, demonstration,
technology transfer, commercialization, education, and training
programs, that the agency determines to be relevant, including
consideration of--
(A) merit-based competitive grants to individual
investigators and teams of investigators, including, to
the extent practicable, early career investigators, for
research and development;
(B) grants to fund collaborative research and
development partnerships among universities, industry,
and nonprofit organizations;
(C) coordination of sustainable chemistry research,
development, demonstration, and technology transfer
conducted at Federal laboratories and agencies;
(D) incentive prize competitions and challenges in
coordination with such existing Federal agency programs;
and
(E) grants, loans, and loan guarantees to aid in the
technology transfer and commercialization of sustainable
chemicals, materials, processes, and products;
(2) collect and disseminate information on sustainable
chemistry research, development, technology transfer, and
commercialization, including information on accomplishments and
best practices;
(3) expand the education and training of students at
appropriate levels of education, professional scientists and
engineers, and other professionals involved in all aspects of
sustainable chemistry and engineering appropriate to that level
of education and training, including through--
(A) partnerships with industry as described in
section 264;
(B) support for the integration of sustainable
chemistry principles into chemistry and chemical
engineering curriculum and research training, as
appropriate to that level of education and training; and
(C) support for integration of sustainable chemistry
principles into existing or new professional development
[[Page 134 STAT. 3501]]
opportunities for professionals including teachers,
faculty, and individuals involved in laboratory research
(product development, materials specification and
testing, life cycle analysis, and management);
(4) <<NOTE: Examination. Consultation. Assessments.>> as
relevant to an agency's programs, examine methods by which the
Federal agencies, in collaboration and consultation with the
National Institute of Standards and Technology, may facilitate
the development or recognition of validated, standardized tools
for performing sustainability assessments of chemistry processes
or products;
(5) through programs identified by an agency, support,
including through technical assistance, participation, financial
support, communications tools, awards, or other forms of
support, outreach and dissemination of sustainable chemistry
advances such as non-Federal symposia, forums, conferences, and
publications in collaboration with, as appropriate, industry,
academia, scientific and professional societies, and other
relevant groups;
(6) provide for public input and outreach to be integrated
into the activities described in this section by the convening
of public discussions, through mechanisms such as public
meetings, consensus conferences, and educational events, as
appropriate;
(7) within each agency, develop or adapt metrics to track
the outputs and outcomes of the programs supported by that
agency; and
(8) incentivize or recognize actions that advance
sustainable chemistry products, processes, or initiatives,
including through the establishment of a nationally recognized
awards program through the Environmental Protection Agency to
identify, publicize, and celebrate innovations in sustainable
chemistry and chemical technologies.
(c) Limitations .--Financial support provided under this section
shall--
(1) be available only for pre-competitive activities; and
(2) not be used to promote the sale of a specific product,
process, or technology, or to disparage a specific product,
process, or technology.
SEC. 264. <<NOTE: 15 USC 9304.>> PARTNERSHIPS IN SUSTAINABLE
CHEMISTRY.
(a) In General.--The agencies participating in the Entity may
facilitate and support, through financial, technical, or other
assistance, the creation of partnerships between institutions of higher
education, nongovernmental organizations, consortia, or companies across
the value chain in the chemical industry, including small- and medium-
sized enterprises, to--
(1) create collaborative sustainable chemistry research,
development, demonstration, technology transfer, and
commercialization programs; and
(2) train students and retrain professional scientists,
engineers, and others involved in materials specification on the
use of sustainable chemistry concepts and strategies by methods,
including--
(A) developing or recognizing curricular materials
and courses for undergraduate and graduate levels and
for the professional development of scientists,
engineers, and others involved in materials
specification; and
[[Page 134 STAT. 3502]]
(B) publicizing the availability of professional
development courses in sustainable chemistry and
recruiting professionals to pursue such courses.
(b) Private Sector Participation.--To be eligible for support under
this section, a partnership in sustainable chemistry shall include at
least one private sector organization.
(c) Selection of Partnerships.--In selecting partnerships for
support under this section, the agencies participating in the Entity
shall also consider the extent to which the applicants are willing and
able to demonstrate evidence of support for, and commitment to, the
goals outlined in the strategic plan and report described in section
262.
(d) Prohibited Use of Funds.--Financial support provided under this
section may not be used--
(1) to support or expand a regulatory chemical management
program at an implementing agency under a State law;
(2) to construct or renovate a building or structure; or
(3) to promote the sale of a specific product, process, or
technology, or to disparage a specific product, process, or
technology.
SEC. 265. <<NOTE: 15 USC 9305.>> PRIORITIZATION.
In carrying out this subtitle, the Entity shall focus its support
for sustainable chemistry activities on those that achieve, to the
highest extent practicable, the goals outlined in the subtitle.
SEC. 266. <<NOTE: 15 USC 9306.>> RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to alter or amend any
State law or action with regard to sustainable chemistry, as defined by
the State.
SEC. 267. MAJOR MULTI-USER RESEARCH FACILITY PROJECT.
Section 110 of the American Innovation and Competitiveness Act (42
U.S.C. 1862s-2) is amended by striking (g)(2) and inserting the
following:
``(2) <<NOTE: Definition.>> Major multi-user research
facility project.--The term `major multi-user research facility
project' means a science and engineering facility project that
exceeds $100,000,000 in total construction, acquisition, or
upgrade costs to the Foundation.''.
Subtitle F--Plans, Reports, and Other Matters
SEC. 271. MODIFICATION TO ANNUAL REPORT OF THE DIRECTOR OF
OPERATIONAL TEST AND EVALUATION.
Section 139(h)(2) of title 10, United States Code, is amended--
(1) by striking ``Engineering,,'' and inserting
``Engineering,''; and
(2) by striking ``, through January 31, 2025'' and inserting
``, through January 31, 2026''.
SEC. 272. MODIFICATION TO TEST RESOURCE MANAGEMENT CENTER
STRATEGIC PLAN REPORTING CYCLE AND
CONTENTS.
(a) Quadrennial Strategic Plan.--Section 196 of title 10, United
States Code, is amended--
[[Page 134 STAT. 3503]]
(1) in subsections (c)(1)(C) and (e)(2)(B), by inserting
``quadrennial'' before ``strategic plan''; and
(2) in subsection (d)--
(A) in the heading, by inserting ``Quadrennial''
before ``Strategic Plan''; and
(B) by inserting ``quadrennial'' before ``strategic
plan'' each place it occurs.
(b) Timing and Coverage of Plan.--Subsection (d)(1) of such section,
as amended by subsection (a)(2), is further amended, in the first
sentence, by striking ``two fiscal years'' and inserting ``four fiscal
years, and within one year after release of the National Defense
Strategy,''.
(c) Amendment to Contents of Plan.--Subsection (d)(2)(C) of such
section is amended by striking ``based on current'' and all that follows
through the end and inserting ``for test and evaluation of the
Department of Defense major weapon systems based on current and emerging
threats.''.
(d) Annual Update to Plan.--Subsection (d) of such section is
amended by adding at the end the following new paragraph:
``(5)(A) In addition to the quadrennial strategic plan completed
under paragraph (1), the Director of the Department of Defense Test
Resource Management Center shall also complete an annual update to the
quadrennial strategic plan.
``(B) Each annual update completed under subparagraph (A) shall
include the following:
``(i) <<NOTE: Summary.>> A summary of changes to the
assessment provided in the most recent quadrennial strategic
plan.
``(ii) <<NOTE: Recommenda- tions.>> Comments and
recommendations the Director considers appropriate.
``(iii) Test and evaluation challenges raised since the
completion of the most recent quadrennial strategic plan.
``(iv) Actions taken or planned to address such
challenges.''.
(e) Technical Correction.--Subsection (d)(1) of such, as amended by
subsections (a)(2) and (b), is further amended by striking ``Test
Resources Management Center'' and inserting ``Test Resource Management
Center''.
SEC. 273. MODIFICATION OF REQUIREMENTS RELATING TO ENERGETICS PLAN
TO INCLUDE ASSESSMENT OF FEASIBILITY AND
ADVISABILITY OF ESTABLISHING A PROGRAM
OFFICE FOR ENERGETICS.
Section 253(a) of the National Defense Authorization Act for Fiscal
Year 2020 (133 Stat. 1287; Public Law 116-92) is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon; and
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) assesses the feasibility and advisability of
establishing a program office--
``(A) to coordinate energetics research; and
``(B) to ensure a robust and sustained energetics
material enterprise.''.
[[Page 134 STAT. 3504]]
SEC. 274. ELEMENT IN ANNUAL REPORTS ON CYBER SCIENCE AND
TECHNOLOGY ACTIVITIES ON WORK WITH
ACADEMIC CONSORTIA ON HIGH PRIORITY
CYBERSECURITY RESEARCH ACTIVITIES IN
DEPARTMENT OF DEFENSE CAPABILITIES.
Section 257(b)(2) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1291) is amended by
adding at end the following new subparagraph:
``(J) Efforts to work with academic consortia on
high priority cybersecurity research activities.''.
SEC. 275. REPEAL OF QUARTERLY UPDATES ON THE OPTIONALLY MANNED
FIGHTING VEHICLE PROGRAM.
Section 261 of the National Defense Authorization Act for Fiscal
Year 2020 (Public law 116-92; 133 Stat. 1294) is repealed.
SEC. 276. MICROELECTRONICS AND NATIONAL SECURITY.
Section 231 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 2302 note) is amended--
(1) in subsection (a)--
(A) by inserting ``, in collaboration with the Under
Secretary of Defense for Acquisition and Sustainment,
the Under Secretary for Research and Engineering, and
the Director of the Defense Advanced Research Projects
Agency,'' after ``shall''; and
(B) by striking ``September 30, 2019'' and inserting
``June 1, 2021'';
(2) in subsection (b), by adding at the end the following
new paragraphs:
``(10) An approach to ensuring the continuing production of
cutting-edge microelectronics for national security needs,
including access to state-of-the-art node sizes through
commercial manufacturing, heterogeneous integration, advantaged
sensor manufacturing, boutique chip designs, and variable volume
production capabilities.
``(11) <<NOTE: Assessment.>> An assessment of current
microelectronics supply chain management best practices,
including--
``(A) intellectual property controls;
``(B) international standards;
``(C) guidelines of the National Institute of
Standards and Technology;
``(D) product traceability and provenance; and
``(E) location of design, manufacturing, and
packaging facilities.
``(12) <<NOTE: Assessment.>> An assessment of existing
risks to the current microelectronics supply chain.
``(13) A description of actions that may be carried out by
the defense industrial base to implement best practices
described in paragraph (11) and mitigate risks described in
paragraph (12).
``(14) <<NOTE: Plan.>> A plan for increasing
commercialization of intellectual property developed by the
Department of Defense for commercial microelectronics research
and development.
``(15) <<NOTE: Assessment.>> An assessment of the
feasibility, usefulness, efficacy, and cost of--
[[Page 134 STAT. 3505]]
``(A) developing a national laboratory exclusively
focused on the research and development of
microelectronics to serve as a center for Federal
Government expertise in high-performing, trusted
microelectronics and as a hub for Federal Government
research into breakthrough microelectronics-related
technologies; and
``(B) incorporating into such national laboratory a
commercial incubator to provide early-stage
microelectronics startups, which face difficulties
scaling due to the high costs of microelectronics design
and fabrication, with access to funding resources,
fabrication facilities, design tools, and shared
intellectual property.
``(16) <<NOTE: Analysis.>> The development of multiple
models of public-private partnerships to execute the strategy,
including in-depth analysis of establishing a semiconductor
manufacturing corporation to leverage private sector technical,
managerial, and investment expertise, and private capital, that
would have the authority and funds to provide grants or approve
investment tax credits, or both, to implement the strategy.
``(17) <<NOTE: Criteria.>> Processes and criteria for
competitive selection of commercial companies, including
companies headquartered in countries that are allies or partners
with the United States, to provide design, foundry and assembly,
and packaging services and to build and operate the industrial
capabilities associated with such services.
``(18) The role that other Federal agencies should play in
organizing and supporting the strategy, including any required
direct or indirect funding support, or legislative and
regulatory actions, including restricting procurement to
domestic sources, and providing antitrust and export control
relief.
``(19) All potential funding sources and mechanisms for
initial and sustaining investments in microelectronics.
``(20) Such other matters as the Secretary of Defense
determines to be relevant.'';
(3) in subsection (d), by striking ``September 30, 2019''
and inserting ``June 1, 2021'';
(4) in subsection (e), by striking ``September 30, 2020''
and inserting ``June 1, 2021''; and
(5) by redeignating subsection (f) as subsection (g);
(6) by inserting after subsection (e) the following new
subsection (f):
``(f) <<NOTE: Deadline. Strategy. Recommenda- tions. Budget
estimate.>> Submission.--Not later than June 1, 2021, the Secretary of
Defense shall submit the strategy required in subsection (a), along with
any views and recommendations and an estimated budget to implement the
strategy, to the President, the National Security Council, and the
National Economic Council.''.
SEC. 277. INDEPENDENT EVALUATION OF PERSONAL PROTECTIVE AND
DIAGNOSTIC TESTING EQUIPMENT.
(a) Independent Evaluation Required.--The Director of Operational
Test and Evaluation shall conduct an independent evaluation of whether
covered personal protective and diagnostic testing equipment is
operationally effective and suitable to satisfy the specific needs and
required protection of the workforce of the Department of Defense.
[[Page 134 STAT. 3506]]
(b) Availability of Information.--The Secretary of Defense shall
provide the Director of Operational Test and Evaluation with such
information as may be necessary for the Director to conduct the
evaluations required under subsection (a).
(c) Report to Congress.--Not later than 90 days after the completion
of each evaluation under subsection (a), the Director of Operational
Test and Evaluation shall submit to the congressional defense committees
a report on the results of the evaluation.
(d) Covered Personal Protective and Diagnostic Testing Equipment
Defined.--In this section, the term ``covered personal protective and
diagnostic testing equipment'' means any personal protective equipment
or diagnostic testing equipment developed, acquired, or used by the
Department of Defense--
(1) in response to COVID-19; or
(2) as part of any follow-on, long-term acquisition and
distribution program for such equipment.
SEC. 278. ASSESSMENT ON UNITED STATES NATIONAL SECURITY EMERGING
BIOTECHNOLOGY EFFORTS AND CAPABILITIES AND
COMPARISON WITH ADVERSARIES.
(a) Assessment and Comparison Required.--
(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering and
the Under Secretary of Defense for Intelligence and Security,
shall conduct an assessment and direct comparison of
capabilities in emerging biotechnologies for national security
purposes, including applications in material, manufacturing, and
health, between the capabilities of the United States and the
capabilities of adversaries of the United States.
(2) Elements.--The assessment and comparison carried out
under paragraph (1) shall include the following:
(A) <<NOTE: Evaluation.>> 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) <<NOTE: Recommenda- tions.>> 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).
[[Page 134 STAT. 3507]]
(2) Form.--The report submitted under paragraph (1) shall be
submitted in the following formats--
(A) <<NOTE: Classified information.>> unclassified
form, which may include a classified annex; and
(B) <<NOTE: Public information.>> publically
releasable form, representing appropriate information
from the report under subparagraph (A).
(c) Definition of Intelligence Community.--In this section, the term
``intelligence community'' has the meaning given such term in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
SEC. 279. ANNUAL REPORTS REGARDING THE SBIR PROGRAM OF THE
DEPARTMENT OF DEFENSE.
(a) <<NOTE: Consultation.>> Reports Required.--Not later than 90
days after the date of the enactment of this Act, and not later than 120
days after the end of each fiscal years 2021, 2022, and 2023, the
Secretary of Defense, after consultation with the Secretary of each
military department, shall submit to Congress a report that describes
the following:
(1) The ways in which the Department of Defense is using
incentives under section 9(y)(6)(B) of the Small Business Act
(15 U.S.C. 638(y)(6)(B)) to increase the number of Phase II SBIR
contracts that lead to technology transition into programs of
record or fielded systems.
(2) The extent to which the Department has developed
simplified and standardized procedures and model contracts
throughout the agency for Phase I, Phase II, and Phase III SBIR
awards, as required under section 9(hh)(2)(A)(i) of the Small
Business Act (15 U.S.C. 638(hh)(2)(A)(i)).
(3) The extent to which any incentives described in this
section and implemented by the Secretary of Defense have
resulted in an increased number of Phase II contracts under the
SBIR program of the Department of Defense leading to technology
transition into programs of record or fielded systems.
(4) The extent to which Phase I, Phase II, and Phase III
projects under the SBIR program of the Department align with the
modernization priorities of the Department.
(5) Actions taken to ensure that the SBIR program of the
Department aligns with the goals of the program, namely--
(A) to stimulate technological innovation;
(B) to meet Federal research and development needs;
(C) to foster and encourage participation in
innovation and entrepreneurship by women and socially or
economically disadvantaged individuals; and
(D) to increase private-sector commercialization of
innovations derived from Federal research and
development funding.
(6) Any other action taken, and proposed to be taken, to
increase the number of Department Phase II SBIR contracts
leading to technology transition into programs of record or
fielded systems.
(b) SBIR Defined.--In this section, the term ``SBIR'' has the
meaning given the term in section 9(e) of the Small Business Act (15
U.S.C. 638(e)).
SEC. 280. REPORTS ON F-35 PHYSIOLOGICAL EPISODES AND MITIGATION
EFFORTS.
(a) Study and Report.--
[[Page 134 STAT. 3508]]
(1) In general.--The Under Secretary of Defense for
Acquisition and Sustainment shall conduct a study to determine
the underlying causes of physiological episodes affecting
crewmembers of F-35 aircraft.
(2) <<NOTE: Examinations.>> Elements.--The study under
subsection (a) shall include--
(A) an examination of each physiological episode
reported by a crewmember of an F-35 aircraft as of the
date of the enactment of this Act;
(B) <<NOTE: Determination.>> a determination as to
the underlying cause of the episode; and
(C) an examination of--
(i) any long-term effects, including potential
long-term effects, of the episode; and
(ii) any additional care an affected
crewmember may need.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional
defense committees a report that includes--
(A) the results the study conducted under subsection
(a), including a description of each physiological
episode examined under the study and an explanation of
the underlying cause of the episode;
(B) a description of any actions that may be taken
to address the underlying causes of such episodes,
including any resources that may be required to carry
out such actions; and
(C) <<NOTE: Recommenda- tions.>> any other findings
and recommendations of the study.
(b) <<NOTE: Consultation.>> Annual Reports on Mitigation Efforts.--
The Secretary of Defense, in consultation with the Under Secretary of
Defense for Acquisition and Sustainment, shall include with the annual
report required by section 224(d) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2059), a
detailed description of--
(1) the efforts of the Department of Defense to address
physiological episodes affecting crewmembers of F-35 aircraft;
and
(2) the funding allocated for such efforts.
SEC. 281. REVIEW AND REPORT ON NEXT GENERATION AIR DOMINANCE
CAPABILITIES.
(a) Reviews.--
(1) In general.--The Director of Cost Assessment and Program
Evaluation shall conduct--
(A) a non-advocate review of the next generation air
dominance initiative of the Air Force;
(B) a non-advocate review of the next generation air
dominance initiative of the Navy; and
(C) a non-advocate review of the business case
analysis developed by the Assistant Secretary of the Air
Force for Acquisition, Technology, and Logistics
regarding the Digital Century Series Aircraft
acquisition strategy of the Air Force.
(2) <<NOTE: Assessments.>> Elements.--(A) The reviews under
paragraphs (1)(A) and (1)(B) shall include an assessment of--
[[Page 134 STAT. 3509]]
(i) all risks associated with cost, schedule,
development, integration, production, fielding, and
sustainment of next generation air dominance
capabilities;
(ii) the technological maturity of significant
hardware and software efforts planned or carried out as
part of the development of such capabilities; and
(iii) affordability goals that the Air Force and the
Navy (as the case may be) will be required to achieve
during development, production, and sustainment
activities for such capabilities that will not
jeopardize or otherwise be detrimental to other high-
priority future capabilities being developed and
procured to support and execute other primary core
competencies and missions.
(B) The review under paragraph (1)(C) shall include an
assessment of--
(i) methods, objectives, risks, ground rules, and
assumptions;
(ii) validity, accuracy, and deficiencies in
knowledge and data used in support of the analysis;
(iii) financial and nonfinancial business benefits
and impacts;
(iv) likelihood of risks to materialize; and
(v) <<NOTE: Recommenda- tions.>> conclusions,
recommendations, and any other information the Director
believes to be relevant to the review.
(b) Reports.--The Director of Cost Assessment and Program Evaluation
shall submit to the congressional defense committees--
(1) a report on the results of the review conducted under
subsection (a)(1)(A) with respect to the Air Force;
(2) a report on the results of the review conducted under
subsection (a)(1)(B) with respect to the Navy; and
(3) a report on the results of the review conducted under
subsection (a)(1)(C).
SEC. 282. PLAN FOR OPERATIONAL TEST AND UTILITY EVALUATION OF
SYSTEMS FOR LOW-COST ATTRIBUTABLE AIRCRAFT
TECHNOLOGY PROGRAM.
<<NOTE: Deadline.>> Not later than March 1, 2021, the Assistant
Secretary of the Air Force for Acquisition, Technology, and Logistics
shall--
(1) submit to the congressional defense committees an
executable plan for the operational test and utility evaluation
of systems for the Low-Cost Attributable Aircraft Technology
(LCAAT) program of the Air Force; and
(2) <<NOTE: Briefing.>> provide to the congressional
defense committees a briefing on the plan so submitted.
SEC. 283. INDEPENDENT COMPARATIVE ANALYSIS OF EFFORTS BY CHINA AND
THE UNITED STATES TO RECRUIT AND RETAIN
RESEARCHERS IN NATIONAL SECURITY-RELATED
AND DEFENSE-RELATED FIELDS.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with the National Academies of Sciences,
Engineering, and Medicine for the National Academies of
Sciences, Engineering, and Medicine to perform the services
covered by this section.
[[Page 134 STAT. 3510]]
(2) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> In general.--Under an
agreement between the Secretary and the National Academies of
Sciences, Engineering, and Medicine under this section, the
National Academies of Sciences, Engineering, and Medicine shall
carry out a comparative analysis of efforts by China and the
United States Government to recruit and retain domestic and
foreign researchers and develop recommendations for the
Secretary of Defense and the heads of other Federal agencies as
appropriate.
(2) Elements.--The comparative analysis carried out under
paragraph (1) and the recommendations developed under such
paragraph shall include the following:
(A) <<NOTE: Lists.>> A list of the ``talent
programs'' used by China and a list of the incentive
programs used by the United States to recruit and retain
researchers in fields relating to national security or
defense research.
(B) The types of researchers, scientists, other
technical experts, and fields targeted by each talent
program listed under subparagraph (A).
(C) The number of researchers in academia, the
Department of Defense Science and Technology Reinvention
Laboratories, and national security science and
engineering programs of the National Nuclear Security
Administration targeted by the talent programs listed
under subparagraph (A).
(D) The number of personnel currently participating
in the talent programs listed under subparagraph (A) and
the number of researchers currently participating in the
incentive programs listed under such subparagraph.
(E) The incentives offered by each of the talent
programs listed under subparagraph (A) and a description
of the incentives offered through incentive programs
under such subparagraph to recruit and retain
researchers, scientists, and other technical experts.
(F) A characterization of the national security,
economic, and scientific benefits China gains through
the talent programs listed under subparagraph (A) and a
description of similar gains accrued to the United
States through incentive programs listed under such
subparagraph.
(G) <<NOTE: Risk assessment.>> An assessment of the
risks to national security and benefits to the United
States of scientific research cooperation between the
United States and China, such as that which is performed
under the agreement between the United States and the
People's Republic of China known as the ``Agreement
between the Government of the United States of America
and the Government of the People's Republic of China on
Cooperation in Science and Technology'', signed in
Washington on January 31, 1979, successor agreements,
and similar agreements, administered by the Secretary of
State and the heads of other Federal agencies.
(H) <<NOTE: List. Recommenda- tions.>> A list of
findings and recommendations relating to policies that
can be implemented by the United States,
[[Page 134 STAT. 3511]]
especially the Department of Defense and other
appropriate Federal agencies, to improve the relative
effectiveness of United States activities to recruit and
retain researchers, scientists, and other technical
experts relative to China.
(c) Report.--
(1) In general.--Not later than one year after the date of
the execution of an agreement under subsection (a), the National
Academies of Sciences, Engineering, and Medicine shall--
(A) submit to the congressional defense committees a
report on the findings National Academies of Sciences,
Engineering, and Medicine with respect to the review
carried out under this section and the recommendations
developed under this section; and
(B) <<NOTE: Public information. Web posting.>> make
available to the public on a publicly accessible website
a version of report that is suitable for public viewing.
(2) <<NOTE: Classified information.>> Form.--The report
submitted under paragraph (1)(A) shall be submitted in
unclassified form, but may include a classified annex.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Clearinghouse for
review of mission obstructions.
Sec. 312. Readiness and Environmental Protection Integration Program.
Sec. 313. Extension of real-time sound monitoring at Navy installations
where tactical fighter aircraft operate.
Sec. 314. Modification of authority for environmental restoration
projects of National Guard.
Sec. 315. Modification of authority to carry out military installation
resilience projects.
Sec. 316. Energy resilience and energy security measures on military
installations.
Sec. 317. Modification to availability of energy cost savings for
Department of Defense.
Sec. 318. Increased transparency through reporting on usage and spills
of aqueous film-forming foam at military installations.
Sec. 319. Native American lands environmental mitigation program.
Sec. 320. Study on alternatives to address impacts of transboundary
flows, spills, or discharges of pollution or debris from the
Tijuana River on personnel, activities, and installations of
Department of Defense.
Sec. 321. Pilot program on alternative fuel vehicle purchasing.
Sec. 322. Budgeting of Department of Defense relating to operational
energy improvement.
Sec. 323. Assessment of Department of Defense operational energy usage.
Sec. 324. Improvement of the Operational Energy Capability Improvement
Fund of the Department of Defense.
Sec. 325. Five-year reviews of containment technologies relating to Red
Hill Bulk Fuel Storage Facility.
Sec. 326. Limitation on use of funds for acquisition of furnished energy
for Rhine Ordnance Barracks Army Medical Center.
Sec. 327. Requirement to update Department of Defense adaptation
roadmap.
Sec. 328. Department of Defense report on greenhouse gas emissions
levels.
Sec. 329. Objectives, performance standards, and criteria for use of
wildlife conservation banking programs.
Sec. 330. Prizes for development of non-PFAS-containing fire-fighting
agent.
Sec. 331. Survey of technologies for Department of Defense application
in phasing out the use of fluorinated aqueous film-forming
foam.
[[Page 134 STAT. 3512]]
Sec. 332. Interagency body on research related to per- and
polyfluoroalkyl substances.
Sec. 333. Restriction on Department of Defense procurement of certain
items containing perfluorooctane sulfonate or
perfluorooctanoic acid.
Sec. 334. Research and development of alternative to aqueous film-
forming foam.
Sec. 335. Notification to agricultural operations located in areas
exposed to Department of Defense PFAS use.
Sec. 336. Reporting on energy savings performance contracts.
Sec. 337. Increase in funding for Centers for Disease Control Study on
health implications of per- and polyfluoroalkyl substances
contamination in drinking water.
Sec. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020.
Sec. 339. Assessment of Department of Defense excess property programs
with respect to need and wildfire risk.
Subtitle C--Logistics and Sustainment
Sec. 341. National Defense Sustainment and Logistics Review.
Sec. 342. Repeal of sunset for minimum annual purchase amount for
carriers participating in the Civil Reserve Air Fleet.
Sec. 343. Additional elements for inclusion in Navy ship depot
maintenance budget report.
Sec. 344. Clarification of limitation on length of overseas forward
deployment of currently deployed naval vessels.
Sec. 345. Independent advisory panel on weapon system sustainment.
Sec. 346. Biannual briefings on status of Shipyard Infrastructure
Optimization Plan.
Sec. 347. Materiel readiness metrics and objectives for major weapon
systems.
Sec. 348. Repeal of statutory requirement for notification to Director
of Defense Logistics Agency three years prior to implementing
changes to any uniform or uniform component.
Subtitle D--Munitions Safety and Oversight
Sec. 351. Chair of Department of Defense explosive safety board.
Sec. 352. Explosive Ordnance Disposal Defense Program.
Sec. 353. Assessment of resilience of Department of Defense munitions
enterprise.
Sec. 354. Report on safety waivers and mishaps in Department of Defense
munitions enterprise.
Subtitle E--Other Matters
Sec. 361. Pilot program for temporary issuance of maternity-related
uniform items.
Sec. 362. Servicewomen's Commemorative Partnerships.
Sec. 363. Biodefense analysis and budget submission.
Sec. 364. Update of National Biodefense Implementation Plan.
Sec. 365. Plans and reports on emergency response training for military
installations.
Sec. 366. Inapplicability of congressional notification and dollar
limitation requirements for advance billings for certain
background investigations.
Sec. 367. Adjustment in availability of appropriations for unusual cost
overruns and for changes in scope of work.
Sec. 368. Requirement that Secretary of Defense implement security and
emergency response recommendations relating to active shooter
or terrorist attacks on installations of Department of
Defense.
Sec. 369. Clarification of food ingredient requirements for food or
beverages provided by the Department of Defense.
Sec. 370. Commission on the naming of items of the Department of Defense
that commemorate the Confederate States of America or any
person who served voluntarily with the Confederate States of
America.
Subtitle 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.
[[Page 134 STAT. 3513]]
Subtitle B--Energy and Environment
SEC. 311. MILITARY AVIATION AND INSTALLATION ASSURANCE
CLEARINGHOUSE FOR REVIEW OF MISSION
OBSTRUCTIONS.
Section 183a(c) of title 10, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``If the Clearinghouse'' and
inserting ``(A) If the Clearinghouse''; and
(B) by adding at the end the following new
subparagraph:
``(B) After the Clearinghouse issues a notice under
subparagraph (A) with respect to an energy project, the parties
should seek to identify feasible and affordable actions that can
be taken by the Department, the developer of such energy
project, or others to mitigate any adverse impact on military
operations and readiness.'';
(2) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) <<NOTE: Notification.>> If, after issuing the notices of
presumed risk required by paragraphs (2) and (3), the Secretary of
Defense later concludes for any reason that the energy project will not
have an adverse impact on military readiness, the Clearinghouse shall
notify the applicant and the governor in writing of that conclusion.'';
and
(4) in paragraph (7), as so redesignated, by striking ``Any
setback for a project pursuant to the previous sentence shall
not be more than what is determined to be necessary by a
technical analysis conducted by the Lincoln Laboratory at the
Massachusetts Institute of Technology or any successor
entity.''.
SEC. 312. READINESS AND ENVIRONMENTAL PROTECTION INTEGRATION
PROGRAM.
(a) Use of Funds.--Section 2684a(i) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(3) Funds obligated to carry out an agreement under this section
shall be available for use with regard to any property in the geographic
scope specified in the agreement--
``(A) at the time the funds are obligated; and
``(B) in any subsequent modification to the agreement.''.
(b) Clarification of References to Eligible Entities.--
(1) Definition.--Subsection (b) of section 2684a of title
10, United States Code, is amended, in the matter preceding
paragraph (1), by striking ``An agreement under this section may
be entered into with'' and inserting ``For purposes of this
section, an eligible entity is''.
(2) Acquisition of property and interests.--Subsection
(d)(1) of such section is amended by striking ``the entity or
entities'' each place it appears and inserting ``an eligible
entity or entities''.
(3) <<NOTE: Effective date. 10 USC 2684a note.>>
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.
[[Page 134 STAT. 3514]]
(c) Facilitating Agreements With Other Federal Agencies to Limit
Encroachments.--Section 2684a(d)(5) of title 10, United States Code, is
amended--
(1) in the second sentence of subparagraph (A), by inserting
``or another Federal agency'' after ``to a State'' both places
it appears; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) <<NOTE: Notice.>> Notwithstanding subparagraph (A), if all or
a portion of the property or interest acquired under the agreement is
initially or subsequently transferred to a State or another Federal
agency, before that State or other Federal agency may declare the
property or interest in excess to its needs or propose to exchange the
property or interest, the State or other Federal agency shall give the
Secretary concerned reasonable advance notice of its
intent. <<NOTE: Determination.>> If the Secretary concerned determines
it necessary to preserve the purposes of this section, the Secretary
concerned may request that administrative jurisdiction over the property
be transferred to the Secretary concerned at no cost, and, upon such a
request being made, the administrative jurisdiction over the property
shall be transferred accordingly. If the Secretary concerned does not
make such a request within a reasonable time period, all such rights of
the Secretary concerned to request transfer of the property or interest
shall remain available to the Secretary concerned with respect to future
transfers or exchanges of the property or interest and shall bind all
subsequent transferees.''.
SEC. 313. EXTENSION OF REAL-TIME SOUND MONITORING AT NAVY
INSTALLATIONS WHERE TACTICAL FIGHTER
AIRCRAFT OPERATE.
Section 325(a)(1) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) <<NOTE: 133 Stat. 1310.>> is
amended by striking ``a 12-month period'' and inserting ``two 12-month
periods, including one such period that begins in fiscal year 2021''.
SEC. 314. MODIFICATION OF AUTHORITY FOR ENVIRONMENTAL RESTORATION
PROJECTS OF NATIONAL GUARD.
(a) In General.--Section 2707(e) of title 10, United States Code, is
amended--
(1) by striking ``Notwithstanding'' and inserting ``(1)
Notwithstanding'';
(2) by inserting ``where military activities are conducted
by the National Guard of a State under title 32'' after
``facility''; and
(3) by adding at the end the following new paragraph:
``(2) The Secretary concerned may use the authority under section
2701(d) of this title to carry out environmental restoration projects
under paragraph (1).''.
(b) Correction of Definition of Facility.--Paragraph (1) of section
2700 of such title is amended--
(1) in subparagraph (A), by striking ``(A) The terms'' and
inserting ``The term''; and
(2) by striking subparagraph (B).
SEC. 315. MODIFICATION OF AUTHORITY TO CARRY OUT MILITARY
INSTALLATION RESILIENCE PROJECTS.
(a) Modification of Authority.--Section 2815 of title 10, United
States Code is amended--
[[Page 134 STAT. 3515]]
(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) <<NOTE: Determinations.>> Location of Projects.--Projects
carried out pursuant to this section may be carried out--
``(1) on a military installation;
``(2) <<NOTE: District of Columbia. Territories.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Cost estimate.>> the current estimate of the
cost of the project;
``(B) the source of funds for the project; and
``(C) <<NOTE: Certification.>> 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) <<NOTE: Time period.>> 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 <<NOTE: 10 USC
2684a.>> 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;
[[Page 134 STAT. 3516]]
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following
new paragraph (3):
``(3) maintaining or improving military installation
resilience; or''; and
(2) by amending subsection (h) to read as follows:
``(h) Interagency Cooperation in Conservation and Resilience
Programs to Avoid or Reduce Adverse Impacts on Military Installation
Resilience and Military Readiness Activities.--In order to facilitate
interagency cooperation and enhance the effectiveness of actions that
will protect the environment, military installation resilience, and
military readiness, the recipient of funds provided pursuant to an
agreement under this section or under the Sikes Act (16 U.S.C. 670 et
seq.) may, with regard to the lands and waters within the scope of the
agreement, use such funds to satisfy any matching funds or cost-sharing
requirement of any conservation or resilience program of any Federal
agency notwithstanding any limitation of such program on the source of
matching or cost-sharing funds.''.
SEC. 316. ENERGY RESILIENCE AND ENERGY SECURITY MEASURES ON
MILITARY INSTALLATIONS.
(a) In General.--Subchapter I of chapter 173 of title 10, United
States Code, is amended by inserting after section 2919 the following
new section:
``Sec. 2920. <<NOTE: 10 USC 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) <<NOTE: Standards.>> 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) <<NOTE: Requirement.>> 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.
[[Page 134 STAT. 3517]]
``(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) <<NOTE: Requirements. Data. Compliance.>> 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) <<NOTE: Assessments. Evaluations.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Verification. Compliance.>> specify methods
and processes to measure, manage, and verify compliance with
subsection (a); and
[[Page 134 STAT. 3518]]
``(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) <<NOTE: Determination.>> Report.--If by the end of fiscal
year 2029, the Secretary determines that the Department will be unable
to meet the requirements under subsection (a), not later than 90 days
after the end of such fiscal year, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report detailing--
``(1) the projected shortfall;
``(2) reasons for the projected shortfall;
``(3) any statutory, technological, or monetary impediments
to achieving such requirements;
``(4) any impact to readiness or ability to meet the
national defense posture; and
``(5) any other relevant information as the Secretary
considers appropriate.
``(h) Definitions.--In this section:
``(1) The term `availability' means the availability of
required energy at a stated instant of time or over a stated
period of time for a specific purpose.
``(2) The term `black start exercise' means an exercise in
which delivery of energy provided from off an installation is
terminated before backup generation assets on the installation
are turned on. Such an exercise shall--
``(A) determine the ability of the backup systems to
start independently, transfer the load, and carry the
load until energy from off the installation is restored;
``(B) align organizations with critical missions to
coordinate in meeting critical mission requirements;
``(C) validate mission operation plans, such as
continuity of operations plans;
``(D) identify infrastructure interdependencies; and
``(E) verify backup electric power system
performance.
``(3) The term `critical mission'--
``(A) means those aspects of the missions of an
installation, including mission essential operations,
that are critical to successful performance of the
strategic national defense mission;
``(B) may include operational headquarters
facilities, airfields and supporting infrastructure,
harbor facilities supporting naval vessels, munitions
production and storage facilities, missile fields,
radars, satellite control facilities, cyber operations
facilities, space launch facilities, operational
communications facilities, and biological defense
facilities; and
``(C) does not include military housing (including
privatized military housing), morale, welfare, and
recreation facilities, exchanges, commissaries, or
privately owned facilities.
``(4) The term `energy' means electricity, natural gas,
steam, chilled water, and heated water.
[[Page 134 STAT. 3519]]
``(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 <<NOTE: 10 USC 2911 prec.>>
is amended by inserting after the item relating to section 2919 the
following new item:
``2920. Energy resilience and energy security measures on military
installations.''.
SEC. 317. MODIFICATION TO AVAILABILITY OF ENERGY COST SAVINGS FOR
DEPARTMENT OF DEFENSE.
Section 2912(a) of title 10, United States Code, is amended by
inserting ``and, in the case of operational energy, from both training
and operational missions,'' after ``under section 2913 of this title,''.
SEC. 318. INCREASED TRANSPARENCY THROUGH REPORTING ON USAGE AND
SPILLS OF AQUEOUS FILM-FORMING FOAM AT
MILITARY INSTALLATIONS.
(a) In General.--Chapter 160 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2712. <<NOTE: Deadlines. 10 USC 2712.>> Reporting on usage
and spills of aqueous film-forming foam
``(a) <<NOTE: Notice.>> In General.--Not later than 48 hours after
the Deputy Assistant Secretary of Defense for Environment receives
notice of the usage or spill of aqueous film forming foam, either as
concentrate or mixed foam, at any military installation, the Deputy
Assistant Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives notice of a usage or spill
of greater than 10 gallons of concentrate, or greater than 300 gallons
of mixed foam. Each such notice shall include each of the following
information:
``(1) The name of the installation where the usage or spill
occurred.
``(2) The date on which the usage or spill occurred.
``(3) The amount, type, and specified concentration of
aqueous film-forming foam that was used or spilled.
``(4) The cause of the usage or spill.
``(5) <<NOTE: Summary.>> A summary narrative of the usage
or spill.
``(b) Action Plan.--Not later than 60 days after submitting notice
of a usage or spill under subsection (a), the Deputy Assistant Secretary
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives an action plan for addressing such usage or
spill. The action plan shall include the following:
``(1) A description of what actions have been taken to
arrest and clean up a spill.
``(2) A description of any coordination with relevant local
and State environmental protection agencies.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC 2700 prec.>> is amended by adding at the
end the following new item:
``2712. Reporting on usage and spills of aqueous film-forming foam.''.
[[Page 134 STAT. 3520]]
SEC. 319. NATIVE AMERICAN LANDS ENVIRONMENTAL MITIGATION PROGRAM.
(a) In General.--Chapter 160 of title 10, United States Code, as
amended by section 318(a), is further amended by adding at the end the
following new section:
``Sec. 2713. <<NOTE: 10 USC 2713.>> Native American lands
environmental mitigation program
``(a) Establishment.--The Secretary of Defense may establish and
carry out a program to mitigate the environmental effects of actions by
the Department of Defense on Indian lands and on other locations where
the Department, an Indian tribe, and the current land owner agree that
such mitigation is appropriate.
``(b) Program Activities.--The activities that may be carried out
under the program established under subsection (a) are the following:
``(1) Identification, investigation, and documentation of
suspected environmental effects attributable to past actions by
the Department of Defense.
``(2) <<NOTE: Cost estimates.>> Development of mitigation
options for such environmental effects, including development of
cost-to-complete estimates and a system for prioritizing
mitigation actions.
``(3) <<NOTE: Determination.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Time period.>> 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
[[Page 134 STAT. 3521]]
``(D) lands and waters upon which any federally
recognized Indian tribe has rights reserved by treaty,
Act of Congress, or action by the President.
``(2) The term `Indian tribe' means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
``(e) Limitation.--Nothing in this section shall be interpreted to
require, compel, or otherwise authorize access to any lands without the
landowner's consent.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 160 of such title, as amended by section <<NOTE: 10 USC 2700
prec.>> 318(b), is further amended by inserting after the item relating
to section 2712 the following new item:
``2713. Native American lands environmental mitigation program.''.
SEC. 320. STUDY ON ALTERNATIVES TO ADDRESS IMPACTS OF
TRANSBOUNDARY FLOWS, SPILLS, OR DISCHARGES
OF POLLUTION OR DEBRIS FROM THE TIJUANA
RIVER ON PERSONNEL, ACTIVITIES, AND
INSTALLATIONS OF DEPARTMENT OF DEFENSE.
(a) <<NOTE: Deadline. Coordination. Criteria.>> Study.--Not later
than 90 days after the date of the enactment of this Act, the Secretary
of Defense, in coordination with the Administrator of the Environmental
Protection Agency, the Secretary of State, and the United States
Commissioner of the International Boundary and Water Commission, shall
develop criteria for the selection of project alternatives to address
the impacts of transboundary flows, spills, or discharges of pollution
or debris from the Tijuana River on the personnel, activities, and
installations of the Department of Defense.
(b) <<NOTE: Recommenda- tions.>> Elements.--The projects referred
to in subsection (b) shall address the short-term, long-term, primary,
and secondary impacts of transboundary flows, spills, or discharges of
pollution or debris from the Tijuana River and include recommendations
to mitigate such impacts.
SEC. 321. <<NOTE: 10 USC 2922 note prec.>> PILOT PROGRAM ON
ALTERNATIVE FUEL VEHICLE PURCHASING.
(a) <<NOTE: Coordination.>> In General.--The Secretary of Defense,
in coordination with the Secretary of Energy and the Administrator of
the General Services Administration, shall carry out a pilot program
under which the Secretary of Defense may, notwithstanding section 400AA
of the Energy Policy and Conservation Act (42 U.S.C. 6374), purchase new
alternative fuel vehicles for which the initial cost of such vehicles
exceeds the initial cost of a comparable gasoline or diesel fueled
vehicle by not more than 10 percent.
(b) Locations.--
(1) In general.--The Secretary of Defense shall carry out
the pilot program under subsection (a) at not fewer than 2
facilities or installations of each military department in the
continental United States that--
(A) have the largest total number of attached
noncombat vehicles as compared to other facilities or
installations of the Department of Defense; and
[[Page 134 STAT. 3522]]
(B) are located within 20 miles of public or private
refueling or recharging stations.
(2) Air force logistics center.--One of the facilities or
installations selected under paragraph (1) shall be an Air Force
Logistics Center.
(c) Alternative Fuel Vehicle Defined.--In this section, the term
``alternative fuel vehicle'' includes a vehicle that uses--
(1) a fuel or power source described in the first sentence
of section 241(2)of the Clean Air Act (42 U.S.C. 7581(2)); or
(2) propane.
SEC. 322. <<NOTE: 10 USC 221 note.>> BUDGETING OF DEPARTMENT OF
DEFENSE RELATING TO OPERATIONAL ENERGY
IMPROVEMENT.
The Secretary of Defense shall include in the annual budget
submission of the President under section 1105(a) of title 31, United
States Code, a dedicated budget line item for fielding operational
energy improvements, including such improvements for which funds from
the Operational Energy Capability Improvement Fund have been expended to
create the operational and business case for broader employment.
SEC. 323. ASSESSMENT OF DEPARTMENT OF DEFENSE OPERATIONAL ENERGY
USAGE.
(a) <<NOTE: Deadline. Contracts.>> In General.--Not later than 60
days after the date of the enactment of this Act, the Secretary of
Defense shall enter into an agreement with a federally funded research
and development center with relevant expertise under which such center
shall conduct an assessment of Department of Defense operational energy
usage, including an agency-wide view and breakdowns of progress by
service branch.
(b) <<NOTE: Analyses.>> Elements.--The assessment required under
subsection (a) shall include--
(1) an analysis of the extent to which the Department of
Defense developed an integrated operational energy strategy and
the extent to which each of the military departments has
implemented such strategy;
(2) an analysis of the viability of implementing net zero
initiatives within the operational energy enterprise without
negatively impacting mission capability;
(3) an analysis of ways to overcome contested logistics
challenges such as the tyranny of distance within the United
States Indo-Pacific Command, including--
(A) <<NOTE: Strategies.>> strategies to improve the
energy production, storage, and distribution system that
enhance logistics supply chain resiliency; and
(B) ways to reduce the demand for resupply to
decrease the strain on the logistics supply chain; and
(4) an analysis of the integration between energy offices
with program offices, budget, and operational planners within
the Department of Defense and military departments, and
recommendations for improving coordination.
(c) <<NOTE: Classified information.>> Form of Report.--The report
required under this section shall be submitted in unclassified form, but
may contain a classified annex.
[[Page 134 STAT. 3523]]
SEC. 324. <<NOTE: 10 USC 2911 note.>> IMPROVEMENT OF THE
OPERATIONAL ENERGY CAPABILITY IMPROVEMENT
FUND OF THE DEPARTMENT OF DEFENSE.
(a) Management of the Operational Energy Capability Improvement
Fund.--The Assistant Secretary of Defense for Energy, Installations, and
Environment shall exercise authority, direction, and control over the
Operational Energy Capability Improvement Fund of the Department of
Defense (in this section referred to as the ``OECIF'').
(b) Alignment and Coordination With Related Programs.--
(1) <<NOTE: Deadline.>> Realignment of oecif.--Not later
than 60 days after the date of the enactment of this Act, the
Secretary of Defense shall realign the OECIF under the Assistant
Secretary of Defense for Energy, Installations, and Environment,
with such realignment to include personnel positions adequate
for the mission of the OECIF.
(2) Better coordination with related programs.--The
Assistant Secretary shall ensure that the placement under the
authority of the Assistant Secretary of the OECIF along with the
Strategic Environmental Research Program, the Environmental
Security Technology Certification Program, and the Operational
Energy Prototyping Program is utilized to advance common goals
of the Department, promote organizational synergies, and avoid
unnecessary duplication of effort.
(c) Program for Operational Energy Prototyping.--
(1) <<NOTE: Deadline.>> In general.--Commencing not later
than 90 days after the date of the enactment of this Act, the
Secretary of Defense, through the Assistant Secretary of Defense
for Energy, Installations, and Environment, shall carry out a
program for the demonstration of technologies related to
operational energy prototyping, including demonstration of
operational energy technology and validation prototyping.
(2) Operation of program.--The Secretary shall ensure that
the program under paragraph (1) operates in conjunction with the
OECIF to promote the transfer of innovative technologies that
have successfully established proof of concept for use in
production or in the field.
(3) Program elements.--In carrying out the program under
paragraph (1) the Secretary shall--
(A) identify and demonstrate the most promising,
innovative, and cost-effective technologies and methods
that address high-priority operational energy
requirements of the Department of Defense;
(B) in conducting demonstrations under subparagraph
(A)--
(i) collect cost and performance data to
overcome barriers against employing an innovative
technology because of concerns regarding technical
or programmatic risk; and
(ii) ensure that components of the Department
have time to establish new requirements where
necessary and plan, program, and budget for
technology transition to programs of record;
(C) utilize project structures similar to those of
the OECIF to ensure transparency and accountability
throughout the efforts conducted under the program; and
[[Page 134 STAT. 3524]]
(D) give priority, in conjunction with the OECIF, to
the development and fielding of clean technologies that
reduce reliance on fossil fuels.
(4) Tool for accountability and transition.--
(A) In general.--In carrying out the program under
paragraph (1) the Secretary shall develop and utilize a
tool to track relevant investments in operational energy
from applied research to transition to use to ensure
user organizations have the full picture of technology
maturation and development.
(B) Transition.--The tool developed and utilized
under subparagraph (A) shall be designed to overcome
transition challenges with rigorous and well-documented
demonstrations that provide the information needed by
all stakeholders for acceptance of the technology.
(5) Locations.--
(A) <<NOTE: Evaluation.>> In general.--The
Secretary shall carry out the testing and evaluation
phase of the program under paragraph (1) at
installations of the Department of Defense or in
conjunction with exercises conducted by the Joint Staff,
a combatant command, or a military department.
(B) Formal demonstrations.--The Secretary shall
carry out any formal demonstrations under the program
under paragraph (1) at installations of the Department
or in operational settings to document and validate
improved warfighting performance and cost savings.
SEC. 325. FIVE-YEAR REVIEWS OF CONTAINMENT TECHNOLOGIES RELATING
TO RED HILL BULK FUEL STORAGE FACILITY.
(a) Reviews.--
(1) Reviews required.--At least once every 5 years,
concurrently with the Department of the Navy's Tank Upgrade
Alternative (TUA) decision review, the Secretary of the Navy
shall conduct a review of available technologies relating to the
containment of fuel to determine whether any such technology may
be used to improve the containment of fuel with respect to
storage tanks located at the Red Hill Bulk Fuel Storage
Facility, Hawaii.
(2) Deadline for initial review.--The Secretary shall
conduct the first review under paragraph (1) concurrent with the
first TUA decision review conducted after the date of the
enactment of this Act.
(b) <<NOTE: Deadline.>> Briefings.--Not later than 60 days after
the date on which a review conducted under subsection (a) is completed,
the Secretary shall provide to the congressional defense committees a
briefing on--
(1) any technology identified in such review that the
Secretary determines may be used to improve the containment of
fuel with respect to storage tanks located at the Red Hill Bulk
Fuel Storage Facility; and
(2) the feasibility and cost of implementing any such
technology at the Red Hill Bulk Fuel Storage Facility.
(c) <<NOTE: Determination.>> Termination.--The requirements to
conduct reviews under subsection (a) and provide briefings under
subsection (b) shall terminate on the date on which the Red Hill Bulk
Fuel Storage Facility ceases operation, as determined by the Secretary
of the Navy.
[[Page 134 STAT. 3525]]
SEC. 326. <<NOTE: Contracts. Certification. Russia.>> LIMITATION
ON USE OF FUNDS FOR ACQUISITION OF
FURNISHED ENERGY FOR RHINE ORDNANCE
BARRACKS ARMY MEDICAL CENTER.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 for the Department of
Defense may be used to enter into a contract for the acquisition of
furnished energy for the new Rhine Ordnance Barracks Army Medical Center
(hereafter referred to as the ``Medical Center'') before the date on
which Secretary of Defense submits to the congressional defense
committees a written certification that the Medical Center does not use
any energy sourced from inside the Russian Federation as a means of
generating the furnished energy.
SEC. 327. REQUIREMENT TO UPDATE DEPARTMENT OF DEFENSE ADAPTATION
ROADMAP.
(a) <<NOTE: Deadline.>> In General.--Not later than February 1,
2022, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives an update to the
Department of Defense 2014 Adaptation
Roadmap. <<NOTE: Strategy. Implementation plan.>> Such update shall
include an outline of the strategy and implementation plan of the
Department to address the current and foreseeable effects of extreme
weather and sea level fluctuations on the mission of the Department of
Defense.
(b) Elements of Strategy and Implementation Plan.--The strategy and
implementation plan required to be included in the update under
subsection (a) shall include--
(1) a description of the overarching approach of the
Department to extreme weather, sea level fluctuations, and
associated mitigation measures; and
(2) a discussion of the current and foreseeable effects of
extreme weather and seal level fluctuations on--
(A) plans and operations, including--
(i) military readiness;
(ii) increased frequency, if any, of extreme
weather events, including flooding, drought,
desertification, wildfires, thawing permafrost,
hurricanes, and extreme heat;
(iii) geopolitical instability, if any, caused
by climate events, including extreme weather;
(iv) increased demand, if any for Defense
Support for Civil Authorities and disaster or
humanitarian relief operations;
(v) the operating environment of the Arctic
and of the strategic and geopolitical implications
of an ice-free Arctic Ocean; and
(vi) alteration or limitation on operation
environments;
(B) training and testing, including--
(i) changes in land carrying capacity;
(ii) increased maintenance and repair
requirements for equipment and infrastructure;
(iii) mitigation of heat stress and heat-
related illnesses resulting from increasing
temperatures;
(iv) increased dust generation and fire
hazards; and
[[Page 134 STAT. 3526]]
(v) maintaining testing and training capacity
to support increased operations and civil support
missions;
(C) built and natural infrastructure, including--
(i) military installation resilience, as such
term is defined in section 101(e)(8) of title 10,
United States Code, of installations both within
and outside the United States and its possessions
and territories and of the State-owned National
Guard installations of the several States;
(ii) resilience of the air and sea ports of
our allies and partners that are critical to the
training, deployment, and operations of the Armed
Forces of the United States and its allies and
partners;
(iii) resilience of the deployment system and
structure of the Department of Defense and of the
United States, including the strategic highway
network, the strategic rail network, and
designated strategic air and sea ports;
(iv) best practices for modeling and
mitigating risks posed to military installations
by increased inundation, erosion, flood, wind, and
fire damage;
(v) changing energy demand at military
installations to include heating and cooling,
particularly in communities experiencing grid
stress;
(vi) disruption and competition for reliable
energy and water resources;
(vii) increased maintenance and sustainment
costs;
(viii) damage to natural and constructed
infrastructure from thawing permafrost and sea
ice; and
(ix) the effects of extreme weather and sea
level fluctuations on community support
infrastructure, including roads, transportation
hubs, and medical facilities;
(D) acquisition and supply chain, including--
(i) measures to ensure that the current and
projected future scale and impacts of extreme
weather and sea level fluctuations are fully
considered in the research, development, testing,
and acquisition of major weapon systems and of
associated supplies and equipment;
(ii) required alterations of stockpiles;
(iii) reduced or changed availability and
access to materials, equipment, and supplies,
including water and food sources;
(iv) disruptions in fuel availability and
distribution;
(v) estimated investments required to address
foreseeable costs incurred or influenced by
extreme weather and sea level fluctuations for
each of the lines of effort in this report, to
include extreme weather response, over the next 5,
10, and 20 years, with topline estimates and a
qualitative discussion of cost drivers for each;
and
(vi) equipment and infrastructure investments
required to address a changing Arctic environment;
and
[[Page 134 STAT. 3527]]
(E) such other matters as the Secretary determines
appropriate; and
(c) Assessments and Projections.--In preparing the update as
required under subsection (a), the Secretary shall consider--
(1) climate projections from the Global Change Research
Office, National Climate Assessment, the National Oceanic and
Atmospheric Administration, and other Federal agencies; and
(2) <<NOTE: Data. Analysis.>> data on, and analysis of, the
national security effects of climate prepared by the Climate
Security Advisory Council of the Office of the Director of
National Intelligence established pursuant to section 120 of the
National Security Act of 1947 (50 U.S.C. 3060) and by other
elements of the intelligence community.
(d) <<NOTE: Classified information.>> Form.--The update to the
adaptation roadmap required under subsection (a) shall be submitted in
an unclassified form, but may contain a classified
annex. <<NOTE: Determination. Briefing. Deadline.>> If the Secretary
determines that the inclusion of a classified annex is necessary, the
Secretary shall conduct an in-person briefing for Members of the
Committees on Armed Services of the Senate and House of Representatives
by not later than 90 days after the date of the submission of the
update.
SEC. 328. DEPARTMENT OF DEFENSE REPORT ON GREENHOUSE GAS EMISSIONS
LEVELS.
(a) <<NOTE: Time period.>> In General.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and House
of Representatives and to the Comptroller General a report on the total
level of greenhouse gas emissions for each of the last 10 fiscal years.
Such emissions levels shall include the agency-wide total, breakdowns by
military department, and delineations between installation and
operational emissions.
(b) <<NOTE: Classified information.>> Form of Report.--The report
required under this section shall be submitted in unclassified form, but
may contain a classified annex.
SEC. 329. <<NOTE: 16 USC 1536 note.>> OBJECTIVES, PERFORMANCE
STANDARDS, AND CRITERIA FOR USE OF
WILDLIFE CONSERVATION BANKING PROGRAMS.
(a) <<NOTE: Regulations.>> In General.--To ensure opportunities for
Department of Defense participation in wildlife conservation banking
programs pursuant to section 2694c of title 10, United States Code, the
Secretary of the Interior, acting through the Director of the United
States Fish and Wildlife Service, shall issue regulations of general
applicability establishing objectives, measurable performance standards,
and criteria for use, consistent with the Endangered Species Act (16
U.S.C. 1531 et seq.), for mitigation banking offsetting effects on a
species, or habitat of such species, that is endangered, threatened, a
candidate for listing, or otherwise at risk under such Act. To the
maximum extent practicable, the regulatory standards and criteria shall
maximize available credits and opportunities for mitigation, provide
flexibility for characteristics of various species, and apply equivalent
standards and criteria to all mitigation banks.
(b) <<NOTE: Publication. Notice.>> Deadline for Regulations.--The
Secretary of the Interior, acting through the Director of the United
States Fish and Wildlife Service, shall publish an advance notice of
proposed rulemaking for the regulations required by subsection (a) by
not later than 1 year after the date of the enactment of this Act.
[[Page 134 STAT. 3528]]
SEC. 330. <<NOTE: 10 USC 2661 note prec.>> PRIZES FOR DEVELOPMENT
OF NON-PFAS-CONTAINING FIRE-FIGHTING
AGENT.
(a) Authority.--The Secretary of Defense, acting through the
Assistant Secretary of Defense for Sustainment and the Strategic
Environmental Research and Development Program, may carry out a program
to award cash prizes and other types of prizes that the Secretary
determines are appropriate to recognize outstanding achievements in the
development of a non-PFAS-containing fire-fighting agent to replace
aqueous film-forming foam with the potential for application to the
performance of the military missions of the Department of Defense.
(b) Competition Requirements.--A program under subsection (a) shall
use a competitive process for the selection of recipients of cash
prizes. The process shall include the widely-advertised solicitation of
submissions of research results, technology developments, and
prototypes.
(c) <<NOTE: Applicability. Approval.>> Limitations.--The following
limitations shall apply to a program under subsection (a):
(1) No prize competition may result in the award of a prize
with a fair market value of more than $5,000,000.
(2) No prize competition may result in the award of more
than $1,000,000 in cash prizes without the approval of the
Assistant Secretary of Defense for Sustainment.
(3) No prize competition may result in the award of a solely
nonmonetary prize with a fair market value of more than $10,000
without the approval of the Assistant Secretary of Defense for
Sustainment.
(d) Relationship to Other Authority.--A program under subsection (a)
may be carried out in conjunction with or in addition to the exercise of
any other authority of the Department of Defense.
(e) Use of Prize Authority.--Use of prize authority under this
section shall be considered the use of competitive procedures for the
purposes of section 2304 of title 10, United States Code.
(f) PFAS Defined.--In this section, the term ``PFAS'' means--
(1) man-made chemicals of which all of the carbon atoms are
fully fluorinated carbon atoms; and
(2) man-made chemicals containing a mix of fully fluorinated
carbon atoms, partially fluorinated carbon atoms, and
nonfluorinated carbon atoms.
(g) Termination.--The authority to carry out a program under this
section shall terminate on October 1, 2024.
SEC. 331. SURVEY OF TECHNOLOGIES FOR DEPARTMENT OF DEFENSE
APPLICATION IN PHASING OUT THE USE OF
FLUORINATED AQUEOUS FILM-FORMING FOAM.
(a) Survey of Technologies.--The Secretary of Defense shall conduct
a survey of relevant technologies, other than fire-fighting agent
solutions, to determine whether any such technologies are available and
can be adapted for use by the Department of Defense to facilitate the
phase-out of fluorinated aqueous film-forming foam. The technologies
surveyed under this subsection shall include hangar flooring systems,
fire-fighting agent delivery systems, containment systems, and other
relevant technologies the Secretary determines appropriate.
(b) <<NOTE: Deadline.>> Briefing.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall provide the
congressional defense
[[Page 134 STAT. 3529]]
committees a briefing on the results of the survey conducted under
subsection (a). The briefing shall include--
(1) a description of the technologies included in the
survey;
(2) <<NOTE: List.>> a list of the technologies that were
considered for further testing or analysis; and
(3) any technologies that are undergoing additional analysis
for possible application within the Department.
SEC. 332. <<NOTE: 15 USC 8963.>> INTERAGENCY BODY ON RESEARCH
RELATED TO PER- AND POLYFLUOROALKYL
SUBSTANCES.
(a) Establishment.--The Director of the Office of Science and
Technology Policy, acting through the National Science and Technology
Council, shall establish, or designate, an interagency working group to
coordinate Federal activities related to PFAS research and development.
(b) Agency Participation.--The interagency working group shall
include a representative of each of--
(1) the Environmental Protection Agency;
(2) the National Institute of Environmental Health Sciences;
(3) the Agency for Toxic Substances and Disease Registry;
(4) the National Science Foundation;
(5) the Department of Defense;
(6) the National Institutes of Health;
(7) the National Institute of Standards and Technology;
(8) the National Oceanic and Atmospheric Administration;
(9) the Department of the Interior;
(10) the Department of Transportation;
(11) the Department of Homeland Security;
(12) the National Aeronautics and Space Administration;
(13) the National Toxicology Program;
(14) the Department of Agriculture;
(15) the Geological Survey;
(16) the Department of Commerce;
(17) the Department of Energy;
(18) the Office of Information and Regulatory Affairs;
(19) the Office of Management and Budget; and
(20) any such other Federal department or agency as the
Director of the Office of Science and Technology Policy
considers appropriate.
(c) Co-chairs.--The Interagency working group shall be co-chaired by
the Director of the Office of Science and Technology Policy and, on a
biannual rotating basis, a representative from a member agency, as
selected by the Director of the Office of Science and Technology Policy.
(d) Responsibilities of the Working Group.--The interagency working
group established under subsection (a) shall--
(1) provide for interagency coordination of federally funded
PFAS research and development; and
(2) <<NOTE: Deadline. Public information. Strategic
plan. Update. Time period.>> not later than 12 months after the
date of enactment of this Act, develop and make publicly
available a strategic plan for Federal support for PFAS research
and development (to be updated not less frequently than once
every three years) that--
(A) identifies all current federally funded PFAS
research and development, including the nature and scope
of such research and development and the amount of
[[Page 134 STAT. 3530]]
funding associated with such research and development
during the current fiscal year, disaggregated by agency;
(B) <<NOTE: Time period.>> identifies all federally
funded PFAS research and development having taken place
in the last three years, excluding the research listed
under subparagraph (A), including the nature and scope
of such research and development and the amount of
funding associated with such research and development
during the current fiscal year, disaggregated by agency;
(C) identifies scientific and technological
challenges that must be addressed to understand and to
significantly reduce the environmental and human health
impacts of PFAS and to identify cost-effective--
(i) alternatives to PFAS that are designed to
be safer and more environmentally friendly;
(ii) methods for removal of PFAS from the
environment; and
(iii) methods to safely destroy or degrade
PFAS;
(D) establishes goals, priorities, and metrics for
federally funded PFAS research and development that
takes into account the current state of research and
development identified in subparagraph (A) and the
challenges identified in subparagraph (C); and
(E) <<NOTE: Implementation plan.>> an
implementation plan for Federal agencies and, for each
update to the strategic plan under this paragraph, a
description of how Federal agencies have been following
the implementation plan.
(e) Consultation.--In developing the strategic plan under subsection
(d)(2), the interagency working group shall consult with States, tribes,
territories, local governments, appropriate industries, academic
institutions and nongovernmental organizations with expertise in PFAS
research and development, treatment, management, and alternative
development.
(f) Sunset.--The strategic plan requirement described under section
(d)(2) shall cease on the date that is 20 years after the initial
strategic plan is developed.
(g) Definitions.--In this section:
(1) PFAS.--The term ``PFAS'' means--
(A) man-made chemicals of which all of the carbon
atoms are fully fluorinated carbon atoms; and
(B) man-made chemicals containing a mix of fully
fluorinated carbon atoms, partially fluorinated carbon
atoms, and nonfluorinated carbon atoms.
(2) PFAS research and development defined.--The term ``PFAS
research and development'' includes any research or project that
has the goal of accomplishing the following:
(A) The removal of PFAS from the environment.
(B) The safe destruction or degradation of PFAS.
(C) The development and deployment of safer and more
environmentally friendly alternative substances that are
functionally similar to those made with PFAS.
(D) The understanding of sources of environmental
PFAS contamination and pathways to exposure for the
public.
(E) The understanding of the toxicity of PFAS to
humans and animals.
[[Page 134 STAT. 3531]]
SEC. 333. <<NOTE: 10 USC 3062 note.>> RESTRICTION ON DEPARTMENT
OF DEFENSE PROCUREMENT OF CERTAIN ITEMS
CONTAINING PERFLUOROOCTANE SULFONATE OR
PERFLUOROOCTANOIC ACID.
(a) Prohibition.--The Department of Defense may not procure any
covered item that contains perfluorooctane sulfonate (PFOS) or
perfluorooctanoic acid (PFOA).
(b) Definitions.--In this section, the term ``covered item'' means--
(1) nonstick cookware or cooking utensils for use in galleys
or dining facilities; and
(2) upholstered furniture, carpets, and rugs that have been
treated with stain-resistant coatings.
(c) Effective Date.--This section shall take effect on April 1,
2023.
SEC. 334. <<NOTE: 10 USC 2661 note prec.>> RESEARCH AND
DEVELOPMENT OF ALTERNATIVE TO AQUEOUS
FILM-FORMING FOAM.
(a) <<NOTE: Consultation. Grants.>> In General.--The Secretary of
Defense, acting through the National Institute of Standards and
Technology and in consultation with appropriate stakeholders and
manufactures, research institutions, and other Federal agencies shall
award grants and carry out other activities to--
(1) promote and advance the research and development of
additional alternatives to aqueous film-forming foam (in this
section referred to as ``AFFF'') containing per- and
polyfluoroalkyl substances (in this section referred to as
``PFAS'') to facilitate the development of a military
specification and subsequent fielding of a PFAS-free fire-
fighting foam;
(2) advance the use of green and sustainable chemistry for a
fluorine-free alternative to AFFF;
(3) increase opportunities for sharing best practices within
the research and development sector with respect to AFFF;
(4) assist in the testing of potential alternatives to AFFF;
and
(5) <<NOTE: Guidelines.>> provide guidelines on priorities
with respect to an alternative to AFFF.
(b) Additional Requirements.--In carrying out the program required
under subsection (a), the Secretary shall--
(1) take into consideration the different uses of AFFF and
the priorities of the Department of Defense in finding an
alternative;
(2) prioritize green and sustainable chemicals that do not
pose a threat to public health or the environment; and
(3) use and leverage research from existing Department of
Defense programs.
(c) Report.--The Secretary shall submit to Congress a report on--
(1) the priorities and actions taken with respect to finding
an alternative to AFFF and the implementation of such
priorities; and
(2) any alternatives the Secretary has denied, and the
reason for any such denial.
(d) Use of Funds.--This section shall be carried out using amounts
authorized to be available for the Strategic Environmental Research and
Development Program.
[[Page 134 STAT. 3532]]
SEC. 335. <<NOTE: 10 USC 2701 note.>> NOTIFICATION TO
AGRICULTURAL OPERATIONS LOCATED IN AREAS
EXPOSED TO DEPARTMENT OF DEFENSE PFAS USE.
(a) <<NOTE: Deadline. Consultation.>> Notification Required.--Not
later than 60 days after the date of the enactment of this Act, the
Secretary of Defense, in consultation with the Secretary of Agriculture,
shall provide a notification described in subsection (b) to any
agricultural operation located within one mile down gradient of a
military installation or National Guard facility where covered PFAS--
(1) has been detected in groundwater;
(2) has been hydrologically linked to a local agricultural
or drinking water source, including a water well; and
(3) is suspected to be, or known to be, the result of the
use of PFAS at an installation of the Department of Defense
located in the United States or State-owned facility of the
National Guard.
(b) Notification Requirements.--The notification required under
subsection (a) shall include the following information:
(1) The name of the Department of Defense installation or
National Guard facility from which the covered PFAS in
groundwater originated.
(2) The specific covered PFAS detected in groundwater.
(3) The levels of the covered PFAS detected.
(4) Relevant governmental information regarding the health
and safety of the covered PFAS detected, including relevant
Federal or State standards for PFAS in groundwater, livestock,
food commodities and drinking water, and any known restrictions
for sale of agricultural products that have been irrigated or
watered with water containing PFAS.
(c) <<NOTE: Deadline.>> Additional Testing Results.--The Secretary
of Defense shall provide to an agricultural operation that receives a
notice under subsection (a) any pertinent updated information, including
any results of new elevated testing, by not later than 15 days after
receiving validated test results.
(d) <<NOTE: Time period.>> Report to Congress.--Not later than 90
days after the date of the enactment of this Act, and annually
thereafter, the Secretary of Defense shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives a report on the status of
providing notice under subsection (a). Such report shall include, for
the period covered by the report--
(1) the approximate locations of such operations relative to
installations of the Department of Defense located in the United
States and State-owned facilities of the National Guard;
(2) the covered PFAS detected in groundwater; and
(3) the levels of covered PFAS detected.
(e) Definitions.--In this section:
(1) The term ``covered PFAS'' means each of the following:
(A) Perfluorooctanoic acid (commonly referred to as
``PFOA'') (Chemical Abstracts Service No. 335-67-1)
detected in groundwater above 70 parts per trillion,
individually or in combination with PFOS.
(B) Perfluorooctane sulfonic acid (commonly referred
to as ``PFOS'') (Chemical Abstracts Service No. 1763-23-
1) detected in groundwater above 70 parts per trillion,
individually or in combination with PFOA.
[[Page 134 STAT. 3533]]
(C) Perfluorobutanesulfonic acid (commonly referred
to as ``PFBS'') (Chemical Abstracts Service No. 375-73-
5) detected in groundwater above 40 parts per billion.
(2) The term ``PFAS'' means a perfluoroalkyl or
polyfluoroalkyl substance with at least one fully fluorinated
carbon atom, including the chemical GenX.
SEC. 336. REPORTING ON ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) In General.--Section 2925(a) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) A description of the use of energy savings performance
contracts (in this paragraph referred to as `ESPCs') by the
Department of Defense, including--
``(A) the total investment value of the total number
of ESPCs per service for the previous five fiscal years;
``(B) the location of facilities with ESPCs for the
previous five fiscal years;
``(C) any limitations on expanding ESPCs throughout
the Department of Defense;
``(D) the effect ESPCs have on military readiness;
and
``(E) any additional information the Secretary
determines relevant.''.
(b) <<NOTE: 10 USC 2925 note.>> Applicability.--The reporting
requirement under paragraph (7) of section 2925(a) of title 10, United
States Code, as added by subsection (a) of this section, applies to
reports submitted under such section 2925 for fiscal year 2021 and
thereafter.
SEC. 337. INCREASE IN FUNDING FOR CENTERS FOR DISEASE CONTROL
STUDY ON HEALTH IMPLICATIONS OF PER- AND
POLYFLUOROALKYL SUBSTANCES CONTAMINATION
IN DRINKING WATER.
Section 316(a)(2)(B)(ii) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350) is amended by
striking ``$10,000,000'' and inserting ``$15,000,000''.
SEC. 338. <<NOTE: Guaranteeing Equipment Safety for
Firefighters Act of 2020. 15 USC 8963
note.>> GUARANTEEING EQUIPMENT SAFETY FOR
FIREFIGHTERS ACT OF 2020.
(a) Short Title.--This section may be cited as the ``Guaranteeing
Equipment Safety for Firefighters Act of 2020''.
(b) National Institute of Standards and Technology Study on Per- and
Polyfluoroalkyl Substances in Personal Protective Equipment Worn by
Firefighters.--
(1) <<NOTE: Deadline. Consultation.>> In general.--Not
later than 3 years after the date of the enactment of this Act,
the Director of the National Institute of Standards and
Technology shall, subject to availability of appropriations, in
consultation with the Director of the National Institute for
Occupational Safety and Health, complete a study of the contents
and composition of new and unused personal protective equipment
worn by firefighters.
(2) <<NOTE: Examination.>> Contents of study.--In carrying
out the study required by paragraph (1), the Director of the
National Institute of Standards and Technology shall examine--
(A) the identity, prevalence, and concentration of
per- and polyfluoroalkyl substances (commonly known as
[[Page 134 STAT. 3534]]
``PFAS'') in the personal protective equipment worn by
firefighters;
(B) the conditions and extent to which per- and
polyfluoroalkyl substances are released into the
environment over time from the degradation of personal
protective equipment from normal use by firefighters;
and
(C) the relative risk of exposure to per- and
polyfluoroalkyl substances faced by firefighters from--
(i) their use of personal protective
equipment; and
(ii) degradation of personal protective
equipment from normal use by firefighters.
(3) Reports.--
(A) <<NOTE: Time period.>> Progress reports.--Not
less frequently than once each year for the duration of
the study conducted under paragraph (1), the Director
shall submit to Congress a report on the progress of the
Director in conducting such study.
(B) Final report.--Not later than 90 days after the
date on which the Director completes the study required
by paragraph (1), the Director shall submit to Congress
a report describing--
(i) the findings of the Director with respect
to the study; and
(ii) <<NOTE: Recommenda- tions.>>
recommendations on what additional research or
technical improvements to personal protective
equipment materials or components should be
pursued to avoid unnecessary occupational exposure
among firefighters to per- and polyfluoroalkyl
substances through personal protective equipment.
(4) Authorization of appropriations.--There is authorized to
be appropriated $2,500,000 for each of fiscal years 2021 and
2022.
(c) Research on Per- and Polyfluoroalkyl Substances in Personal
Protective Equipment Worn by Firefighters.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the submittal of the report required by
subsection (b)(3)(B), the Director of the National Institute of
Standards and Technology shall, subject to the availability of
appropriations--
(A) issue a solicitation for research proposals to
carry out the research recommendations identified in the
report submitted under subsection (b)(3)(B); and
(B) <<NOTE: Grants.>> award grants to applicants
that submit research proposals to develop safe
alternatives to per- and polyfluoroalkyl substances in
personal protective equipment.
(2) Criteria.--The Director shall select research proposals
to receive a grant under paragraph (1) on the basis of merit,
using criteria identified by the Director, including the
likelihood that the research results will address the findings
of the Director with respect to the study conducted under
subsection (b)(1).
(3) <<NOTE: Proposal.>> Eligible entities.--Any entity or
group of 2 or more entities may submit to the Director a
research proposal in response to the solicitation for research
proposals under paragraph (1), including--
(A) State and local agencies;
[[Page 134 STAT. 3535]]
(B) public institutions, including public
institutions of higher education;
(C) private corporations; and
(D) nonprofit organizations.
(4) Authorization of appropriations.--There are authorized
to be appropriated $5,000,000 for fiscal year 2023, $5,000,000
for fiscal year 2024, and $5,000,000 for fiscal year 2025 to
carry out this section.
(d) Authority for Director of the National Institute of Standards
and Technology to Consult With Experts on Matters Relating to Per- and
Polyfluoroalkyl Substances.--In carrying out this section, the Director
of the National Institute of Standards and Technology may consult with
Federal agencies, nongovernmental organizations, State and local
governments, and science and research institutions determined by the
Director to have scientific or material interest in reducing unnecessary
occupational exposure to per- and polyfluoroalkyl substances by
firefighters.
SEC. 339. ASSESSMENT OF DEPARTMENT OF DEFENSE EXCESS PROPERTY
PROGRAMS WITH RESPECT TO NEED AND WILDFIRE
RISK.
(a) Assessment of Programs.--
(1) In general.--The Secretary of Defense, acting through
the Director of the Defense Logistics Agency, jointly with the
Secretary of Agriculture, acting through the Chief of the Forest
Service, shall assess the Firefighter Property Program (FFP) and
the Federal Excess Personal Property Program (FEPP)
implementation and best practices, taking into account community
need and risk, including whether a community is an at-risk
community (as defined in section 101(1) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511(1)).
(2) <<NOTE: Consultation.>> Collaboration.--In carrying out
the assessment required under paragraph (1), the Secretary of
Defense, acting through the Director of the Defense Logistics
Agency, and the Secretary of Agriculture, acting through the
Chief of the Forest Service, shall consult with State foresters
and participants in the programs described in such paragraph.
(b) <<NOTE: Recommenda- tions.>> Report.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense,
acting through the Director of the Defense Logistics Agency, jointly
with the Secretary of Agriculture, acting through the Chief of the
Forest Service, shall submit to the Committee on Armed Services and the
Committee on Agriculture of the House of Representatives and the
Committee on Armed Services and the Committee on Agriculture, Forestry,
and Nutrition of the Senate a report on the assessment required under
paragraph (1) of subsection (a) and any findings and recommendations
with respect to the programs described in such paragraph.
Subtitle C--Logistics and Sustainment
SEC. 341. NATIONAL DEFENSE SUSTAINMENT AND LOGISTICS REVIEW.
(a) In General.--Chapter 2 of title 10, United States Code, is
amended by inserting after section 118 the following new section:
[[Page 134 STAT. 3536]]
``Sec. 118a. <<NOTE: 10 USC 118a.>> National Defense Sustainment
and Logistics Review
``(a) <<NOTE: Time periods.>> Review Required.--Upon submission of
each national defense strategy under section 113(g) of this title, the
Secretary of Defense shall conduct a comprehensive review of the
sustainment and logistics requirements necessary to support the force
structure, force modernization, infrastructure, force deployment
capabilities, and other elements of the defense program and policies of
the United States during the subsequent 5-, 10-, and 25-year periods.
Each such review shall be known as the `National Defense Sustainment and
Logistics Review'. <<NOTE: Consultation.>> Each such review shall be
conducted in consultation with the Secretaries of the military
departments, the Chiefs of Staff of the Armed Forces, all functional and
geographic combatant commanders, and the Director of the Defense
Logistics Agency.
``(b) Report to Congress.--(1) Not later than the first Monday in
February of the year following the fiscal year during which the National
Defense Strategy was submitted under section 113(g) of this title, the
Secretary shall submit to the congressional defense committees a report
on the review required by subsection (a). <<NOTE: Assessments.>> Each
such report shall include each of the following:
``(A) An assessment of the strategic, operational, and
tactical maritime logistics force (including non-military assets
provided by Military Sealift Command, the Maritime
Administration, and through the Voluntary Intermodal Sealift
Agreement and Voluntary Tanker Agreement) required to support
sealift, at sea logistics, and over-the-shore logistics of
forces to meet steady state and contingency requirements and the
strategic and intra-theater movement of supplies, personnel, and
equipment.
``(B) An assessment of the strategic, operational, and
tactical airlift and tankers (including non-military assets
provided by the Civil Reserve Air Fleet) required to meet steady
state and contingency requirements.
``(C) An assessment of the location, configuration, material
condition, and inventory of prepositioned materiel, equipment,
and war reserves programs, as well as the ability to store and
distribute these items to deployed military forces, required to
meet steady state and contingency requirements.
``(D) An assessment of the location, infrastructure, and
storage capacity for petroleum, oil, and lubricant products, as
well as the ability to store, transport, and distribute such
products from storage supply points to deployed military forces,
required to meet steady state and contingency requirements.
``(E) An assessment of the capabilities, capacity, and
infrastructure of the Department of Defense organic industrial
base and private sector industrial base required to meet steady-
state and surge software and depot maintenance requirements.
``(F) An assessment of the production capability, capacity,
and infrastructure, of the Department of Defense organic
industrial base and private sector industrial base required to
meet steady-state and surge production requirements for
ammunition and other military munitions.
``(G) An assessment of the condition, capacity, location,
and survivability under likely threats of military
infrastructure located both inside the continental United States
and outside the continental United States, including agreements
with and infrastructure provided by international partners,
required to
[[Page 134 STAT. 3537]]
generate, project, and sustain military forces to meet steady-
state and contingency requirements.
``(H) An assessment of the cybersecurity risks to military
and commercial logistics networks and information technology
systems.
``(I) An assessment of the gaps between the requirements
identified under subparagraphs (A) through (H) compared to the
actual force structure and infrastructure capabilities,
capacity, and posture and the risks associated with each gap as
it relates to the ability to meet the national defense strategy.
``(J) A discussion of the identified mitigations being
pursued to address each gap and risk identified under
subparagraph (I) as well as the initiatives and resources
planned to address such gaps, as included in the Department of
Defense budget request submitted during the same year as the
report and the applicable future-years defense program.
``(K) An assessment of the extent to which wargames
incorporate logistics capabilities and threats and a description
of the logistics constraints and restraints to operations
identified through such wargames.
``(L) An assessment of the ability of the Department of
Defense, the Armed Forces, and the combatant commands to
leverage and integrate emergent logistics related technologies
and advanced computing systems.
``(M) Such other matters the Secretary of Defense considers
appropriate.
``(2) <<NOTE: Consultation. Recommenda- tions.>> In preparing the
report under paragraph (1), the Secretary of Defense shall consult with,
and consider the recommendations of, the Chairman of the Joint Chiefs of
Staff.
``(3) <<NOTE: Classified information.>> The report required under
this subsection shall be submitted in classified form and shall include
an unclassified summary.
``(c) <<NOTE: Reports. Assessments.>> Comptroller General Review.--
Not later than 180 days after the date on which Secretary submits each
report required under subsection (b), the Comptroller General shall
submit to the congressional defense committees a report that includes an
assessment of each of the following:
``(1) Whether the report includes each of the elements
referred to in subsection (b).
``(2) The strengths and weaknesses of the approach and
methodology used in conducting the review required under
subsection (a) that is covered by the report.
``(3) Any other matters relating to sustainment that may
arise from the report, as the Comptroller General considers
appropriate.
``(d) Relationship to Budget.--Nothing in this section shall be
construed to affect section 1105(a) of title 31.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC 111 prec.>> is amended by inserting after
the item relating to section 118 the following new item:
``118a. National Defense Sustainment and Logistics Review.''.
(c) <<NOTE: 10 USC 118a note.>> Deadline for Submittal of First
Report.--Notwithstanding the deadline in subsection (b)(1) of section
118a of title 10, United States Code, as added by subsection (a), the
Secretary of Defense shall submit the first report under such section
not later than the date that is 18 months after the date of the
enactment of this Act, unless a new National Defense Strategy is
released prior to such date.
[[Page 134 STAT. 3538]]
SEC. 342. REPEAL OF SUNSET FOR MINIMUM ANNUAL PURCHASE AMOUNT FOR
CARRIERS PARTICIPATING IN THE CIVIL
RESERVE AIR FLEET.
Section 9515 of title 10, United States Code, is amended by striking
subsection (k).
SEC. 343. ADDITIONAL ELEMENTS FOR INCLUSION IN NAVY SHIP DEPOT
MAINTENANCE BUDGET REPORT.
Section 363(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) <<NOTE: 133 Stat. 1327.>> is amended by
adding at the end the following new paragraphs:
``(6) The execution of the planned schedule, categorized by
class of ship, for each of the three preceding fiscal years,
including--
``(A) the actual contract award compared to the
milestone;
``(B) the planned completion date compared to the
actual completion date; and
``(C) each regional maintenance center's
availability schedule performance for on-time
availability completion.
``(7) In accordance with the findings of the Government
Accountability Office (GAO 20-370)--
``(A) in 2021, an analysis plan for the evaluation
of pilot program availabilities funded by the Other
Procurement, Navy account; and
``(B) in 2022, a report on the Navy's progress
implementing such analysis plan.''.
SEC. 344. CLARIFICATION OF LIMITATION ON LENGTH OF OVERSEAS
FORWARD DEPLOYMENT OF CURRENTLY DEPLOYED
NAVAL VESSELS.
Section 323(b) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1720; 10 U.S.C.
8690 note) is amended by striking ``In the case of any naval vessel''
and inserting ``In the case of any aircraft carrier, amphibious ship,
cruiser, destroyer, frigate, or littoral combat ship''.
SEC. 345. INDEPENDENT ADVISORY PANEL ON WEAPON SYSTEM SUSTAINMENT.
(a) Establishment.--The Secretary of Defense shall establish an
independent advisory panel (in this section referred to as the
``panel'') on the weapon system sustainment ecosystem. The National
Defense University and the Defense Acquisition University shall sponsor
the panel, including by providing administrative support.
(b) Membership.--
(1) <<NOTE: Appointments.>> Composition.--The panel shall
be comprised of nine members, of whom--
(A) five shall be appointed by the Secretary of
Defense;
(B) one shall be appointed by the Chairman of the
Committee on Armed Services of the Senate;
(C) one shall be appointed by the Ranking Member of
the Committee on Armed Services of the Senate;
(D) one shall be appointed by the Chairman of the
Committee on Armed Services of the House of
Representatives; and
[[Page 134 STAT. 3539]]
(E) one shall be appointed by the Ranking Member of
the Committee on Armed Services of the House of
Representatives.
(2) Expertise.--In making appointments under this
subsection, consideration should be given to individuals with
expertise in public and private-sector acquisition, sustainment,
and logistics policy in aviation, ground, maritime systems, and
space systems and their related components.
(3) Appointment date.--The appointment of the members of the
panel shall be made not later than 120 days after the date of
the enactment of this Act.
(c) Duties.--The panel shall--
(1) review the weapon system sustainment ecosystem from
development, production, and sustainment of the weapon system
through use in the field, depot and field-level maintenance,
modification, and disposal with a goal of--
(A) maximizing the availability and mission
capabilities of weapon systems;
(B) reducing overall life-cycle costs of weapon
systems during fielding, operation and sustainment; and
(C) aligning weapon system sustainment functions to
the most recent national defense strategy submitted
pursuant to section 113 of title 10, United States Code;
and
(2) using information from the review of the weapon system
sustainment ecosystem, make recommendations related to
statutory, regulatory, policy, or operational best practices the
panel considers necessary.
(d) <<NOTE: Recommenda- tions.>> Report.--
(1) <<NOTE: Deadline. Briefing.>> Interim report.--Not
later than 1 year after the date on which all members of the
panel have been appointed, the panel shall provide to the
Secretary of Defense and the Committees on Armed Services of the
Senate and House of Representatives a briefing on the interim
findings and recommendations of the panel.
(2) Final report.--Not later than 2 years after the date on
which all members of the panel have been appointed, the panel
shall submit to the Secretary of Defense and the Committees on
Armed Services of the Senate and House of Representatives a
report setting forth a detailed statement of the findings and
conclusions of the panel as a result of the review described in
subsection (c), together with such recommendations related to
statutory, regulatory, policy, or operational practices as the
panel considers appropriate in light of the results of the
review.
(e) Administrative Matters.--
(1) In general.--The Secretary of Defense shall provide the
panel with timely access to appropriate information, data,
resources, analysis, and logistics support so that the panel may
conduct a thorough and independent assessment as required under
this section.
(2) <<NOTE: Expiration date.>> Effect of lack of
appointment by appointment date.--If any member has not been
appointed by the date specified in subsection (b)(3), the
authority to appoint such member under subsection (b)(1) shall
expire, and the number of members of the panel shall be reduced
by the number equal to the number of appointments so not made.
(3) Period of appointment; vacancies.--Members of the panel
shall be appointed for the duration of the panel. Any
[[Page 134 STAT. 3540]]
vacancy in the panel shall not affect its powers, but shall be
filled in the same manner as the original appointment.
(4) Chair.--The panel shall select a Chair from among its
members. The Chair may not be a Federal officer or employee.
(f) Termination.--The panel shall terminate 90 days after the date
on which the panel submits the report required under subsection (d)(2).
SEC. 346. BIANNUAL BRIEFINGS ON STATUS OF SHIPYARD INFRASTRUCTURE
OPTIMIZATION PLAN.
(a) <<NOTE: Time period.>> Briefings Required.--During the period
beginning on July 1, 2020, and ending on July 1, 2025, the Secretary of
the Navy shall provide to the congressional defense committees biannual
briefings on the status of the Shipyard Infrastructure Optimization
Plan.
(b) Elements of Briefings.--Each briefing under subsection (a) shall
include a discussion of the status of each of the following elements:
(1) A master plan for infrastructure development, including
projected military construction and capital equipment projects.
(2) A planning and design update for military construction,
minor military construction, and facility sustainment projects
over the subsequent five-year period.
(3) A human capital management and development plan.
(4) A workload management plan that includes synchronization
requirements for each shipyard and ship class.
(5) Performance metrics and an assessment plan.
(6) A funding and authority plan that includes funding lines
across the future years defense program.
(7) <<NOTE: List. Time period.>> A listing of equipment
from Federal Supply Classes 3411 (Boring Machines), 3416
(Lathes) and 3441 (Bending and Forming Machines) that has been
unserviceable for over 30 consecutive days, including, for each
such piece of equipment--
(A) the reason for the delayed repair;
(B) the availability of technical representatives
from the manufacturer to provide assistance in
diagnosing and repairing the discrepancy; and
(C) <<NOTE: Estimate.>> the estimated time to
repair.
SEC. 347. MATERIEL READINESS METRICS AND OBJECTIVES FOR MAJOR
WEAPON SYSTEMS.
(a) In General.--Section 118 of title 10, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Materiel readiness metrics and objectives for major weapon
systems'';
(2) by striking ``Not later than five days'' and inserting
the following:
``(d) Budget Justification.--Not later than five days'';
(3) by inserting before subsection (d) (as designated by
paragraph (2)) the following new subsections:
``(a) Materiel Readiness Metrics.--Each head of an element of the
Department specified in paragraphs (1) through (10) of section 111(b) of
this title shall establish and maintain materiel readiness metrics to
enable assessment of the readiness of members of the armed forces to
carry out--
[[Page 134 STAT. 3541]]
``(1) the strategic framework required by section
113(g)(1)(B)(vii) of this title; and
``(2) guidance issued by the Secretary of Defense pursuant
to section 113(g)(1)(B) of this title.
``(b) Required Metrics.--At a minimum, the materiel readiness
metrics required by subsection (a) shall address the materiel
availability, operational availability, operational capability, and
materiel reliability of each major weapon system by designated mission,
design series, variant, or class.
``(c) <<NOTE: Deadline.>> Materiel Readiness Objectives.--(1) Not
later than one year after the date of the enactment of this subsection,
each head of an element described in subsection (a) shall establish the
metrics required by subsection (b) necessary to support the strategic
framework and guidance referred to in paragraph (1) and (2) of
subsection (a).
``(2) <<NOTE: Time period. Review.>> Annually, each head of an
element described in subsection (a) shall review and revise the metrics
required by subsection (b) and include any such revisions in the
materials submitted to Congress in support of the budget of the
President under section 1105 of title 31.'';
(4) in subsection (d) (as designated by paragraph (2))--
(A) in paragraph (1)--
(i) by striking ``materiel reliability, and
mean down time metrics for each major weapons
system'' and inserting ``operational availability,
and materiel reliability for each major weapon
system''; and
(ii) by inserting ``and'' at the end;
(B) in paragraph (2), by striking ``; and'' and
inserting a period at the end; and
(C) by striking paragraph (3); and
(5) by adding at the end the following new subsection:
``(e) Definitions.--In this section:
``(1) The term `major weapon system' has the meaning given
in section 2379(f) of this title.
``(2) The term `materiel availability' means a measure of
the percentage of the total inventory of a major weapon system
that is operationally capable of performing an assigned mission.
``(3) The term `materiel reliability' means the probability
that a major weapon system will perform without failure over a
specified interval.
``(4) The term `operational availability' means a measure of
the percentage of time a major weapon system is operationally
capable.
``(5) The term `operationally capable' means a materiel
condition indicating that a major weapon system is capable of
performing its assigned mission and has no discrepancies with a
subsystem of a major weapon system.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 2 of title 10, United States Code, <<NOTE: 10 USC 111 prec.>>
is amended
[[Page 134 STAT. 3542]]
by striking the item relating to section 118 and inserting the following
new item:
``118. Materiel readiness metrics and objectives for major defense
acquisition programs.''.
SEC. 348. REPEAL OF STATUTORY REQUIREMENT FOR NOTIFICATION TO
DIRECTOR OF DEFENSE LOGISTICS AGENCY THREE
YEARS PRIOR TO IMPLEMENTING CHANGES TO ANY
UNIFORM OR UNIFORM COMPONENT.
Section 356 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 771 note prec.) is
amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(3) in subsections (a) and (b), as so redesignated, by
striking ``Commander'' each place it appears and inserting
``Director''.
Subtitle D--Munitions Safety and Oversight
SEC. 351. CHAIR OF DEPARTMENT OF DEFENSE EXPLOSIVE SAFETY BOARD.
(a) Responsibilities.--Section 172 of title 10, United States Code,
is amended by adding at the end the following new subsections:
``(c) Responsibilities of Chair.--The chair of the explosive safety
board shall carry out the following responsibilities:
``(1) To act as the principal executive representative and
advisor of the Secretary on explosive and chemical agent safety
matters related to Department of Defense military munitions.
``(2) To perform the hazard classification approval duties
assigned to the chair.
``(3) To preside over meetings of the explosive safety
board.
``(4) To direct the staff of the explosive safety board.
``(5) To performs other functions relating to explosives
safety management, as directed by the Assistant Secretary of
Defense for Sustainment.
``(6) To provide impartial and objective advice related to
explosives safety management to the Secretary of Defense and the
heads of the military departments.
``(7) To serve as the principal representative and advisor
of the Department of Defense on matters relating to explosives
safety management.
``(8) To provide assistance and advice to the Under
Secretary of Defense for Acquisition and Sustainment and the
Deputy Director of Land Warfare and Munitions in munitions
acquisition oversight and technology advancement for Department
of Defense military munitions, especially in the areas of
explosives and chemical agent safety and demilitarization.
``(9) To provide assistance and advice to the Assistant
Secretary of Defense for Logistics and Material Readiness in
sustainment oversight of Department of Defense military
munitions, especially in the areas of explosives and chemical
agent safety, storage, transportation, and demilitarization.
[[Page 134 STAT. 3543]]
``(10) To develop and recommend issuances to define the
functions of the explosive safety board.
``(11) To establishes joint hazard classification procedures
with covered components of the Department.
``(12) To make recommendations to the Under Secretary of
Defense for Acquisition and Sustainment with respect to
explosives and chemical agent safety tenets and requirements.
``(13) To conducts oversight of Department of Defense
explosive safety management programs.
``(14) To carry out such other responsibilities as the
Secretary of Defense determines appropriate.
``(d) Responsibilities of Executive Director and Civilian Members.--
The executive director and civilian members of the explosive safety
board shall--
``(1) provide assistance to the chair in carrying out the
responsibilities specified in subsection (c); and
``(2) carry out such other responsibilities as the chair
determines appropriate.
``(e) <<NOTE: Time period.>> Meetings.--(1) The explosive safety
board shall meet not less frequently than quarterly.
``(2) <<NOTE: Reports.>> The chair shall submit to the
congressional defense committees an annual report describing the
activities conducted at the meetings of the board.
``(f) Exclusive Responsibilities.--The explosive safety board shall
have exclusive responsibility within the Department of Defense for--
``(1) recommending new and updated explosive and chemical
agent safety regulations and standards to the Assistant
Secretary of Defense for Energy Installations and Environment
for submittal to the Under Secretary of Defense for Acquisition
and Sustainment; and
``(2) acting as the primary forum for coordination among
covered components of the Department on all matters related to
explosive safety management.
``(g) Covered Components.--In this section, the covered components
of the Department are each of the following:
``(1) The Office of the Secretary of Defense.
``(2) The military departments.
``(3) The Office of the Chairman of the Joint Chiefs of
Staff and the Joint Staff, the Combatant Commands.
``(4) The Office of the Inspector General of the Department.
``(5) The Defense Agencies.
``(6) The Department of Defense field activities.
``(7) All other organizational entities within the
Department.''.
(b) <<NOTE: 10 USC 172 note.>> Deadline for Appointment.--By not
later than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall take such steps as may be necessary to ensure
that the explosive safety board of the Department of Defense, as
authorized under section 172 of title 10, United States Code, has a
chair who is a military officer and whose responsibilities include the
day-to-day management of the explosive safety board and the
responsibilities provided in subsection (c) of such section.
(c) <<NOTE: Certification.>> Limitation on Use of Funds.--Of the
amounts authorized to be appropriated or otherwise made available in
this Act for the Office of the Under Secretary of Defense for
Acquisition and Sustainment for fiscal year 2021, not more than 75
percent may
[[Page 134 STAT. 3544]]
be obligated or expended until the date on which the Under Secretary of
Defense certifies to the congressional defense committees that all board
member positions, including the chair, of the Department of Defense
explosive safety board, as authorized under section 172 of title 10,
United States Code, as amended by this section, have been filled by
military officers as required by such section.
SEC. 352. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.
(a) Roles, Responsibilities, and Authorities.--Section 2284(b) of
title 10, United States Code, as amended by section 1052 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92), is
further amended--
(1) in paragraph (1)(A)--
(A) by inserting ``and'' before ``integration''; and
(B) by striking ``an Assistant Secretary of
Defense'' and inserting ``the Assistant Secretary of
Defense for Special Operations and Low Intensity
Conflict'';
(2) in paragraph (2), by striking ``to whom responsibility
is assigned under paragraph (1)(A)'' and inserting ``for Special
Operations and Low Intensity Conflict'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict shall coordinate with--
``(A) the Under Secretary of Defense for
Intelligence on explosive ordnance technical
intelligence;
``(B) the Under Secretary of Defense for Acquisition
and Sustainment on explosive ordnance disposal research,
development, acquisition, and sustainment;
``(C) the Under Secretary of Defense for Research
and Engineering on explosive ordnance disposal research,
development, test, and evaluation;
``(D) the Assistant Secretary of Defense for
Homeland Security and Global Security on explosive
ordnance disposal on defense support of civil
authorities; and
``(E) the Assistant Secretary of Defense for
Nuclear, Chemical, and Biological Defense programs on
explosive ordnance disposal for combating weapons of
mass destruction;''.
(b) <<NOTE: Coordination.>> Report.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretaries of the military departments, shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report of the Explosive Ordnance Disposal Defense
Program under section 2284 of title 10, United States
Code. <<NOTE: Assessments.>> Such report shall include each of the
following:
(1) The status of the establishment and organization of the
Program and the compliance with the requirements of such
section, as amended by section 1052 of the National Defense
Authorization Act for Fiscal Year 2020.
(2) An assessment of the feasibility and advisability of
designating the Joint Program Executive Officer for Armaments
and Ammunition as the joint program executive officer for the
explosive ordnance disposal program, establishing a rotation
[[Page 134 STAT. 3545]]
of the role between an Army, Navy, and Air Force entity on a
periodic basis, or other options determined appropriate.
(3) An assessment of the feasibility and advisability of
designating the Director of the Defense Threat Reduction Agency
with management responsibility for a Defense-wide program
element for explosive ordnance disposal research, development,
test, and evaluation transactions other than contracts,
cooperative agreements, and grants related to section 2371 of
title 10, United States Code, during research projects including
rapid prototyping and limited procurement urgent activities and
acquisition.
SEC. 353. ASSESSMENT OF RESILIENCE OF DEPARTMENT OF DEFENSE
MUNITIONS ENTERPRISE.
(a) <<NOTE: Deadline. Contracts.>> Assessment.--Not later than 60
days after the date of the enactment of this Act, the Secretary of
Defense shall enter into an agreement with a federally-funded research
and development center with relevant expertise under which such center
shall conduct an assessment of the resilience of the Department of
Defense munitions enterprise.
(b) <<NOTE: Evaluations.>> Elements.--The assessment required under
subsection (a) shall include the following elements:
(1) An identification of the points of failure with respect
to the munitions enterprise, including physical locations,
materials, suppliers, contractors, and other relevant elements,
that, if failure occurs, would have the largest negative impact
on the capacity, resiliency, and safety of the enterprise.
(2) An evaluation of the efforts of the Department of
Defense to address the points of failure identified under
paragraph (1).
(3) <<NOTE: Recommenda- tions.>> Recommendation with
respect to any additional efforts or actions that could be taken
to provide for mitigation or solutions with respect to such
points of failure.
(4) An evaluation of the capacity of the munitions
enterprise to support a sudden surge in demand to support a
contingency.
(5) An evaluation of the capacity of the munitions
enterprise to withstand intentional disruption during a
conflict.
(c) Report and Briefings.--The Secretary shall--
(1) submit to the congressional defense committees a report
on the results of assessment conducted under this section by not
later than December 31, 2021; and
(2) provide for such committees interim briefings on such
assessment upon request.
(d) <<NOTE: Definition.>> Point of Failure.--In this section, the
term ``point of failure'' means, with respect to the munitions
enterprise, an aspect of the enterprise, that, if it were to fail or be
significantly negatively impacted would cause the portion of the
enterprise it supports to either fail or be significantly negatively
impacted.
SEC. 354. REPORT ON SAFETY WAIVERS AND MISHAPS IN DEPARTMENT OF
DEFENSE MUNITIONS ENTERPRISE.
(a) Report Required.--The Secretary shall include with the
Department of Defense materials submitted to Congress with the budget of
the President for each of fiscal years 2022 through 2025 (as submitted
to Congress pursuant to section 1105 of title 31, United States Code), a
report on safety waivers provided in the Department of Defense munitions
enterprise. <<NOTE: Time period.>> Each such report shall
[[Page 134 STAT. 3546]]
include each of the following for the year covered by the report and
each of the preceding 3 years:
(1) <<NOTE: List. Exemptions. Certifications.>> A list of
each waiver, exemption, and secretarial exemption or
certification provided with respect to any Department of Defense
munitions safety standard.
(2) For each such waiver, exemption, or certification
provided--
(A) the location where the waiver, exemption, or
certification was provided;
(B) <<NOTE: Summary.>> a summary of the
justification used for providing the waiver, exemption,
or certification;
(C) <<NOTE: Time period.>> the time period during
which the waiver, exemption, or certification applies
and the number of times such a waiver, exemption, or
certification has been provided at that location; and
(D) <<NOTE: List.>> a list of all safety-related
mishaps that occurred at locations where waivers,
exemptions, or certifications were in place, and for
each such mishap, whether or not a subsequent
investigation determined the waiver, exemption, or
certification was related or may have been related to
the mishap.
(3) <<NOTE: List. Summary.>> A list and summary of all
class A through class E mishaps related to the construction,
storage, transportation, usage, and demilitarization of
munitions.
(4) Any mitigation efforts in place at any location where a
waiver, exemption, or certification has been provided or where a
safety-related mishap has occurred.
(5) Such other matters as the Secretary determines
appropriate.
(b) Munitions Defined.--In this section, the term ``munitions''
includes ammunition, explosives, and chemical agents.
Subtitle E--Other Matters
SEC. 361. <<NOTE: 10 USC 771 note prec.>> PILOT PROGRAM FOR
TEMPORARY ISSUANCE OF MATERNITY-RELATED
UNIFORM ITEMS.
(a) <<NOTE: Coordination.>> Pilot Program.--The Director of the
Defense Logistics Agency, in coordination with the Secretaries
concerned, shall carry out a pilot program for issuing maternity-related
uniform items to pregnant members of the Armed Forces, on a temporary
basis and at no cost to such member. In carrying out the pilot program,
the Director shall take the following actions:
(1) The Director shall maintain a stock of each type of
maternity-related uniform item determined necessary by the
Secretary concerned, including service uniforms items, utility
uniform items, and other items relating to the command and duty
assignment of the member requiring issuance.
(2) The Director shall ensure that such items have not been
treated with the chemical permethrin.
(3) <<NOTE: Coordination. Determination.>> The Director, in
coordination with the Secretary concerned, shall determine a
standard number of maternity-related uniform items that may be
issued per member.
(4) The Secretary concerned shall ensure that any member
receiving a maternity-related uniform item returns such item to
the relevant office established under paragraph (1) on the
[[Page 134 STAT. 3547]]
date on which the Secretary concerned determines the member no
longer requires such item.
(5) The Secretary concerned shall inspect, process, repair,
clean, and re-stock items returned by a member pursuant to
paragraph (4) for re-issuance from such relevant office.
(6) <<NOTE: Coordination. Regulations.>> The Director, in
coordination with the Secretaries concerned, may issue such
guidance and regulations as necessary to carry out the pilot
program.
(b) Termination.--No maternity-related uniform items may be issued
to a member of the Armed Forces under the pilot program after September
30, 2026.
(c) <<NOTE: Coordination.>> Report.--Not later than September 30,
2025, the Director of the Defense Logistics Agency, in coordination with
the Secretaries concerned, shall submit to the congressional defense
committees a report on the pilot program. Such report shall include each
of the following:
(1) For each year during which the pilot program was carried
out, the number of members of the Armed Forces who received a
maternity-related uniform item under the pilot program.
(2) <<NOTE: Cost overview.>> An overview of the costs
associated with, and any savings realized by, the pilot program,
including a comparison of the cost of maintaining a stock of
maternity-related uniform items for issuance under the pilot
program versus the cost of providing allowances to members for
purchasing such items.
(3) <<NOTE: Recommenda- tions.>> A recommendation on
whether the pilot program should be extended after the date of
termination under subsection (b) and whether legislation is
necessary for such extension.
(4) Any other matters that the Secretary of Defense
determines appropriate.
SEC. 362. <<NOTE: 10 USC 7771 note prec.>> SERVICEWOMEN'S
COMMEMORATIVE PARTNERSHIPS.
(a) <<NOTE: Contracts. Grants.>> In General.--The Secretary of the
Army may enter into a contract, partnership, or grant with a non-profit
organization for the purpose of providing financial support for the
maintenance and sustainment of infrastructure and facilities at military
service memorials and museums that highlight the role of women in the
military. Such a contract, partnership, or grant shall be referred to as
a ``Servicewomen's Commemorative Partnership''.
(b) Authorization of Appropriations.--Of the amounts authorized to
be appropriated for fiscal year 2021, as identified in division D of
this Act, $3,000,000 shall be available for Servicewomen's Commemorative
Partnerships under subsection (a).
SEC. 363. <<NOTE: 6 USC 105.>> BIODEFENSE ANALYSIS AND BUDGET
SUBMISSION.
(a) Annual Analysis.--For each fiscal year, beginning in fiscal year
2023, the Director of the Office of Management and Budget, in
consultation with the Secretary of Health and Human Services shall--
(1) conduct a detailed and comprehensive analysis of Federal
biodefense programs; and
(2) develop an integrated biodefense budget submission.
(b) Definition of Biodefense.--In accordance with the National
Biodefense Strategy, the Director shall develop and disseminate to all
Federal departments and agencies a unified definition of the term
``biodefense'' to identify which programs and activities are included in
the annual budget submission required under subsection (a).
[[Page 134 STAT. 3548]]
(c) Requirements for Analysis.--The analysis required under
subsection (a) shall include--
(1) the display of all funds requested for biodefense
activities, both mandatory and discretionary, by agency and
categorized by biodefense enterprise element, such as threat
awareness, prevention, deterrence, preparedness, surveillance
and detection, response, attribution (including bioforensic
capabilities), recovery, and mitigation; and
(2) detailed explanations of how each program and activity
included aligns with biodefense goals and objectives as part of
the National Biodefense Strategy required under section 1086 of
the National Defense Authorization Act for Fiscal Year 2017 (6
U.S.C. 104).
(d) <<NOTE: Consultation.>> Submittal to Congress.--The Director,
in consultation with the Secretary of Health and Human Services, shall
submit to Congress the analysis required under subsection (a) for a
fiscal year concurrently with the President's annual budget request for
that fiscal year.
SEC. 364. <<NOTE: 6 USC 106.>> UPDATE OF NATIONAL BIODEFENSE
IMPLEMENTATION PLAN.
(a) <<NOTE: Consultation.>> In General.--The Secretaries of Health
and Human Services, Defense, Agriculture, Homeland Security, and all
other Departments and agencies with responsibilities for biodefense,
such as the Department of State, in consultation with the Assistant to
the President for National Security Affairs and the Director of the
Office of Management and Budget, as appropriate, shall jointly, after
reviewing the biodefense threat assessment described in subsection (d)
and any relevant input from external stakeholders, as appropriate,
update the National Biodefense Implementation Plan developed under
section 1086 of the National Defense Authorization Act for Fiscal Year
2017 (6 U.S.C. 104) to clearly document established processes, roles,
and responsibilities related to the National Biodefense Strategy.
(b) Specific Updates.--The updated National Biodefense
Implementation Plan shall--
(1) <<NOTE: Procedures.>> describe the roles and
responsibilities of the Federal departments and agencies,
including internal and external coordination procedures, in
identifying and sharing information between and among Federal
departments and agencies, as described in section 1086(b)(4) of
the National Defense Authorization Act for Fiscal Year 2017 (6
U.S.C. 104(b)(4)) and consistent with the statutory roles and
authorities of such departments and agencies;
(2) describe roles, responsibilities, and processes for
decisionmaking, including decisions regarding use of resources
for effective risk management across the enterprise;
(3) describe resource plans for each department and agency
with responsibility for biodefense to support implementation of
the strategy within the jurisdiction of such department or
agency, including for the Biodefense Coordination Team, as
appropriate;
(4) describe guidance and methods for analyzing the data
collected from agencies to include non-Federal resources and
capabilities to the extent practicable; and
(5) describe and update, as appropriate,
short-, medium-, and long-term goals for executing the National
[[Page 134 STAT. 3549]]
Biodefense Strategy and metrics for meeting each objective of
the Strategy.
(c) <<NOTE: Deadline.>> Submittal to Congress.--The Secretary of
Health and Human Services, the Secretary of Defense, the Secretary of
Agriculture, and the Secretary of Homeland Security shall, not later
than 6 months after the date of the completion of the assessment in
subsection (d)(1)(A), submit the updated Implementation Plan to the
appropriate congressional committees.
(d) Updated Biodefense Threat Assessment.--
(1) <<NOTE: Consultation.>> In general.--The Secretaries of
Health and Human Services, Defense, Agriculture, and Homeland
Security, shall jointly, and in consultation with the Director
of National Intelligence, and other agency heads as
appropriate--
(A) conduct an assessment of current and potential
biological threats against the United States, both
naturally occurring and man-made, either accidental or
deliberate, including the potential for catastrophic
biological threats, such as a pandemic;
(B) <<NOTE: Deadline.>> not later than 1 year after
the date of enactment of this section, submit the
findings of the assessment conducted under subparagraph
(A) to the Federal officials described in subsection
(d)(1)and the appropriate congressional committees
described in subsection (e);
(C) <<NOTE: Deadline. Briefing.>> not later than 30
days after the date on which the assessment is submitted
under subparagraph (B), conduct a briefing for the
appropriate congressional committees on the findings of
the assessment;
(D) <<NOTE: Time period.>> update the assessment
under subparagraph (A) biennially, as appropriate, and
provide the findings of such updated assessments to the
Federal officials described in subsection (d)(1) and the
appropriate congressional committees; and
(E) <<NOTE: Briefings.>> conduct briefings for the
appropriate congressional committees as needed any time
an assessment under this paragraph is updated.
(2) Classification and format.--Assessments under paragraph
(1) shall be submitted in an unclassified format and include a
classified annex, as appropriate.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committees on Armed Services of the House of
Representatives and the Senate.
(2) The Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate.
(3) The Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(4) The Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(5) The Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
[[Page 134 STAT. 3550]]
(6) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(f) Rule of Construction.--Nothing in this section shall be
construed to alter, limit, or duplicate the roles, responsibilities,
authorities, or current activities, as established in statute or
otherwise through existing practice or policy, of each Federal
department or agency with responsibilities for biodefense or otherwise
relevant to implementation of the National Biodefense Strategy.
SEC. 365. PLANS AND REPORTS ON EMERGENCY RESPONSE TRAINING FOR
MILITARY INSTALLATIONS.
(a) <<NOTE: Deadlines.>> 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) <<NOTE: Costs.>> 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) <<NOTE: Recommenda- tions.>>
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) <<NOTE: Procedures.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3551]]
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) <<NOTE: Recommenda- tions.>> Any
recommendations resulting from the exercise.
(v) The actions taken, if any, to implement
such recommendations.
(C) Inclusion in annual budget submission.--
(i) <<NOTE: Summary.>> 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. 366. 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. 367. 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
[[Page 134 STAT. 3552]]
of the Navy may treat the limitation specified in paragraph (1) of such
section to be `$10,000,000' rather than `$4,000,000'.''.
SEC. 368. <<NOTE: Deadline. 10 USC 2672 note.>> 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) <<NOTE: Determination.>> In general.--If the Secretary
determines that a recommendation described in subsection (a) is
outdated, is no longer applicable, or has been superseded by
more recent separate guidance or recommendations set forth by
the Government Accountability Office, the Department of Defense,
or another entity in related contracted review, the Secretary
shall notify the Committees on Armed Services of the Senate and
the House of Representatives not later than 45 days after the
date of the enactment of this Act.
(2) Identification and justification.--The notification
under paragraph (1) shall include an identification, set forth
by report specified in subsection (a), of each recommendation
that the Secretary determines should not be implemented, with a
justification for each such determination.
SEC. 369. <<NOTE: 10 USC 2251 note prec.>> CLARIFICATION OF FOOD
INGREDIENT REQUIREMENTS FOR FOOD OR
BEVERAGES PROVIDED BY THE DEPARTMENT OF
DEFENSE.
(a) <<NOTE: Federal Register, publication. Notice. Public
comment.>> 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.
[[Page 134 STAT. 3553]]
(2) Contact information for the appropriate office at the
Department of Defense.
(3) <<NOTE: Summary.>> 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.
(c) <<NOTE: Determinations.>> Waiver Authority.--
(1) Military operations and emergency response.--The
Secretary may waive subsections (a) and (b) if the Secretary
determines that such a waiver is necessary for military
operations or for the response to a national emergency declared
by the President under the National Emergencies Act (50 U.S.C.
1601 et seq.), a medical emergency, or a pandemic.
(2) Protection of human health.--The Secretary may waive
subsections (a) and (b) if the Food and Drug Administration, the
Surgeon General of the United States, or the Surgeons General of
the Department of Defense makes a recall or prohibition
determination due to certain ingredients being harmful for human
consumption.
(3) Notification required.--
(A) <<NOTE: Deadline.>> In general.--The Secretary
shall notify the congressional defense committees not
later than 60 days after exercising waiver authority
under paragraph (1).
(B) Elements.--The notification required under
subparagraph (A) shall include, with respect to each
waiver, the following elements:
(i) The date, time, and location of the
issuance of the waiver.
(ii) A detailed justification for the issuance
of the waiver.
(iii) An identification of the rule,
statement, or determination for which the
Secretary issued the waiver, including the
proposed duration of such rule, statement, or
determination.
SEC. 370. <<NOTE: 10 USC 113 note.>> 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) <<NOTE: Deadline. Plan.>> 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) <<NOTE: Establishment.>> 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--
[[Page 134 STAT. 3554]]
(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) <<NOTE: Appointments.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: List.>> A list of assets to be removed or
renamed.
(2) <<NOTE: Costs.>> Costs associated with the removal or
renaming of assets in subsection (g)(1).
(3) <<NOTE: Criteria. Requirements.>> 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.--
[[Page 134 STAT. 3555]]
(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.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions to permanent active duty end strength minimum
levels.
Sec. 403. Modification of the authorized number and accounting method
for senior enlisted personnel.
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 end
strengths for temporary military technicians (dual status).
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
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, 485,900.
(2) The Navy, 347,800.
(3) The Marine Corps, 181,200.
(4) The Air Force, 333,475.
SEC. 402. REVISIONS TO PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
(a) In General.--Section 691 of title 10, United States Code, is
amended--
(1) in the heading, by striking ``two major regional
contingencies'' and inserting ``the National Defense Strategy'';
(2) in subsection (a)--
(A) by striking ``a national defense strategy
calling for'' and inserting ``the national defense
strategy of''; and
(B) by striking ``to be able to successfully conduct
two nearly simultaneous major regional contingencies'';
[[Page 134 STAT. 3556]]
(3) in subsection (b), by striking paragraphs (1) through
(4) and inserting the following new paragraphs:
``(1) For the Army, 485,900.
``(2) For the Navy, 347,800.
``(3) For the Marine Corps, 181,200.
``(4) For the Air Force, 333,475.''; and
(4) in subsection (e)--
(A) by inserting ``or the Secretary concerned''
after ``Secretary of Defense''; and
(B) by striking ``reduce a number specified in
subsection (b) by not more than 2 percent'' and
inserting ``vary a number specified in subsection (b) in
accordance with section 115 of this title''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 39 of such title <<NOTE: 10 USC 671 prec.>> is amended by
striking the item relating to section 691 and inserting the following:
``691. Permanent end strength levels to support the National Defense
Strategy''.
SEC. 403. MODIFICATION OF THE AUTHORIZED NUMBER AND ACCOUNTING
METHOD FOR SENIOR ENLISTED PERSONNEL.
(a) In General.--Section 517 of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``daily average''
and inserting ``enlisted end strength'';
(2) in subsection (a)--
(A) by striking ``daily average number of'' and
inserting ``end strength for'';
(B) by striking ``in a fiscal year'' and inserting
``as of the last day of a fiscal year'';
(C) by striking ``2.5 percent'' and inserting ``3.0
percent''; and
(D) by striking ``on the first day of that fiscal
year''; and
(3) by striking subsection (b).
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 31 of such title is <<NOTE: 10 USC 501 prec.>> amended by
striking the item relating to section 517 and inserting the following
new item:
``517. Authorized enlisted end strength: members in pay grades E-8 and
E-9.''.
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--
[[Page 134 STAT. 3557]]
(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 minimum 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:
[[Page 134 STAT. 3558]]
(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 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 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 end strength for temporary
military technicians (dual status), requested''.
(b) <<NOTE: Applicability. 10 USC 115 note.>> Effective Date.--The
amendments made by subsection (a) shall take effect on the day after the
date of the enactment of this Act. <<NOTE: Applicability.>> 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 the 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. Authorized strengths of general and flag officers on active
duty.
Sec. 502. Temporary expansion of availability of enhanced constructive
service credit in a particular career field upon original
appointment as a commissioned officer.
Sec. 503. Diversity in selection boards.
Sec. 504. Requirement for promotion selection board recommendation of
higher placement on promotion list of officers of particular
merit.
[[Page 134 STAT. 3559]]
Sec. 505. Special selection review boards for review of promotion of
officers subject to adverse information identified after
recommendation for promotion and related matters.
Sec. 506. Number of opportunities for consideration for promotion under
alternative promotion authority.
Sec. 507. Mandatory retirement for age.
Sec. 508. Clarifying and improving restatement of rules on the retired
grade of commissioned officers.
Sec. 509. Repeal of authority for original appointment of regular Navy
officers designated for engineering duty, aeronautical
engineering duty, and special duty.
Sec. 509A. Permanent programs on direct commissions to cyber positions.
Sec. 509B. Review of Seaman to Admiral-21 program.
Subtitle B--Reserve Component Management
Sec. 511. Temporary authority to order retired members to active duty in
high-demand, low-density assignments during war or national
emergency.
Sec. 512. Expansion of Junior Reserve Officers' Training Corps Program.
Sec. 513. Grants to support STEM education in the Junior Reserve
Officers' Training Corps.
Sec. 514. Permanent suicide prevention and resilience program for the
reserve components.
Sec. 515. Modification of education loan repayment program for members
of Selected Reserve.
Sec. 516. Inclusion of drill or training foregone due to emergency
travel or duty restrictions in computations of entitlement to
and amounts of retired pay for non-regular service.
Sec. 517. Quarantine lodging for members of the reserve components who
perform certain service in response to the COVID-19
emergency.
Sec. 518. Direct employment pilot program for certain members of the
reserve components.
Sec. 519. Pilot programs authorized in connection with SROTC units and
CSPI programs at Historically Black Colleges and Universities
and minority institutions.
Sec. 519A. Report regarding full-time National Guard duty in response to
the COVID-19 pandemic.
Sec. 519B. Study and report on National Guard support to States
responding to major disasters.
Sec. 519C. Report on guidance for use of unmanned aircraft systems by
the National Guard.
Sec. 519D. Study and report on ROTC recruitment.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Increased access to potential recruits.
Sec. 522. Sunset and transfer of functions of the Physical Disability
Board of Review.
Sec. 523. Honorary promotion matters.
Sec. 524. Exclusion of official photographs of members from records
furnished to promotion selection boards.
Sec. 525. Report regarding reviews of discharges and dismissals based on
sexual orientation.
Subtitle D--Prevention and Response To Sexual Assault, Harassment, and
Related Misconduct
Sec. 531. Modification of time required for expedited decisions in
connection with applications for change of station or unit
transfer of members who are victims of sexual assault or
related offenses.
Sec. 532. Confidential reporting of sexual harassment.
Sec. 533. Additional bases for provision of advice by the Defense
Advisory Committee for the Prevention of Sexual Misconduct.
Sec. 534. Additional matters for 2021 report of the Defense Advisory
Committee for the Prevention of Sexual Misconduct.
Sec. 535. Inclusion of advisory duties on the Coast Guard Academy among
duties of Defense Advisory Committee for the Prevention of
Sexual Misconduct.
Sec. 536. Modification of reporting and data collection on victims of
sexual offenses.
Sec. 537. Modification of annual report regarding sexual assaults
involving members of the Armed Forces.
Sec. 538. Coordination of support for survivors of sexual trauma.
Sec. 539. Policy for military service academies on separation of alleged
victims and alleged perpetrators in incidents of sexual
assault.
Sec. 539A. Safe-to-report policy applicable across the Armed Forces.
[[Page 134 STAT. 3560]]
Sec. 539B. Accountability of leadership of the Department of Defense for
discharging the sexual harassment policies and programs of
the Department.
Sec. 539C. Reports on status of investigations of alleged sex-related
offenses.
Sec. 539D. Report on ability of Sexual Assault Response Coordinators and
Sexual Assault Prevention and Response Victim Advocates to
perform duties.
Sec. 539E. Briefing on Special Victims' Counsel program.
Sec. 539F. Briefing on placement of members of the Armed Forces in
academic status who are victims of sexual assault onto Non-
Rated Periods.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Right to notice of victims of offenses under the Uniform Code
of Military Justice regarding certain post-trial motions,
filings, and hearings.
Sec. 542. Qualifications of judges and standard of review for Courts of
Criminal Appeals.
Sec. 543. Preservation of court-martial records.
Sec. 544. Availability of records for National Instant Criminal
Background Check System.
Sec. 545. Removal of personally identifying and other information of
certain persons from investigative reports, the Department of
Defense Central Index of Investigations, and other records
and databases.
Sec. 546. Briefing on mental health support for vicarious trauma for
certain personnel in the military justice system.
Sec. 547. Comptroller General of the United States report on
implementation by the Armed Forces of recent GAO
recommendations and statutory requirements on assessment of
racial, ethnic, and gender disparities in the military
justice system.
Sec. 548. Legal assistance for veterans and surviving spouses and
dependents.
Sec. 549. Clarification of termination of leases of premises and motor
vehicles of servicemembers who incur catastrophic injury or
illness or die while in military service.
Sec. 549A. Multidisciplinary board to evaluate suicide events.
Sec. 549B. Improvements to Department of Defense tracking of and
response to incidents of child abuse, adult crimes against
children, and serious harmful behavior between children and
youth involving military dependents on military
installations.
Sec. 549C. Independent analysis and recommendations on domestic violence
in the Armed Forces.
Subtitle F--Diversity and Inclusion
Sec. 551. Diversity and inclusion reporting requirements and related
matters.
Sec. 552. National emergency exception for timing requirements with
respect to certain surveys of members of the Armed Forces.
Sec. 553. Questions regarding racism, anti-Semitism, and supremacism in
workplace surveys administered by the Secretary of Defense.
Sec. 554. Inspector General oversight of diversity and inclusion in
Department of Defense; supremacist, extremist, or criminal
gang activity in the Armed Forces.
Sec. 555. Policy to improve responses to pregnancy and childbirth by
certain members of the Armed Forces.
Sec. 556. Training on certain Department of Defense instructions for
members of the Armed Forces.
Sec. 557. Evaluation of barriers to minority participation in certain
units of the Armed Forces.
Sec. 558. Comptroller General of the United States report on equal
opportunity at the military service academies.
Subtitle G--Decorations and Awards
Sec. 561. Extension of time to review World War I Valor Medals.
Sec. 562. Authorizations for certain awards.
Sec. 563. Feasibility study on establishment of service medal for
radiation-exposed veterans.
Sec. 564. Expressing support for the designation of Silver Star Service
Banner Day.
Subtitle H--Member Education, Training, Transition, and Resilience
Sec. 571. Mentorship and career counseling program for officers to
improve diversity in military leadership.
Sec. 572. Expansion of Skillbridge program to include the Coast Guard.
Sec. 573. Increase in number of permanent professors at the United
States Air Force Academy.
Sec. 574. Additional elements with 2021 and 2022 certifications on the
Ready, Relevant Learning initiative of the Navy.
[[Page 134 STAT. 3561]]
Sec. 575. Information on nominations and applications for military
service academies.
Sec. 576. Report on potential improvements to certain military
educational institutions of the Department of Defense.
Sec. 577. College of International Security Affairs of the National
Defense University.
Sec. 578. Improvements to the Credentialing Opportunities On-Line
programs of the Armed Forces.
Sec. 579. GAO study regarding transferability of military certifications
to civilian occupational licenses and certifications.
Sec. 579A. Report regarding county, Tribal, and local veterans service
officers.
Subtitle I--Military Family Readiness and Dependents' Education
Sec. 581. Family readiness: definitions; communication strategy; review;
report.
Sec. 582. Improvements to Exceptional Family Member Program.
Sec. 583. Support services for members of special operations forces and
immediate family members.
Sec. 584. Responsibility for allocation of certain funds for military
child development programs.
Sec. 585. Military child care and child development center matters.
Sec. 586. Expansion of financial assistance under My Career Advancement
Account program.
Sec. 587. Improvements to partner criteria of the Military Spouse
Employment Partnership Program.
Sec. 588. 24-hour child care.
Sec. 589. Pilot program to provide financial assistance to members of
the Armed Forces for in-home child care.
Sec. 589A. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 589B. Staffing of Department of Defense Education Activity schools
to maintain maximum student-to-teacher ratios.
Sec. 589C. Pilot program to expand eligibility for enrollment at
domestic dependent elementary and secondary schools.
Sec. 589D. Pilot program on expanded eligibility for Department of
Defense Education Activity Virtual High School program.
Sec. 589E. Training program regarding foreign malign influence
campaigns.
Sec. 589F. Study on cyberexploitation and online deception of members of
the Armed Forces and their families.
Sec. 589G. Matters relating to education for military dependent students
with special needs.
Sec. 589H. Studies and reports on the performance of the Department of
Defense Education Activity.
Subtitle J--Other Matters and Reports
Sec. 591. Expansion of Department of Defense STARBASE Program.
Sec. 592. Inclusion of certain outlying areas in the Department of
Defense STARBASE Program.
Sec. 593. Postponement of conditional designation of Explosive Ordnance
Disposal Corps as a basic branch of the Army.
Sec. 594. Armed Services Vocational Aptitude Battery Test special
purpose adjunct to address computational thinking.
Sec. 595. Extension of reporting deadline for the annual report on the
assessment of the effectiveness of activities of the Federal
Voting Assistance Program.
Sec. 596. Plan on performance of funeral honors details by members of
other Armed Forces when members of the Armed Force of the
deceased are unavailable.
Sec. 597. Study on financial impacts of the Coronavirus Disease 2019 on
members of the Armed Forces and best practices to prevent
future financial hardships.
Sec. 598. Limitation on implementation of Army Combat Fitness Test.
Sec. 599. Semiannual reports on implementation of recommendations of the
Comprehensive Review of Special Operations Forces Culture and
Ethics.
Sec. 599A. Report on impact of children of certain Filipino World War II
veterans on national security, foreign policy, and economic
and humanitarian interests of the United States.
[[Page 134 STAT. 3562]]
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS ON
ACTIVE DUTY.
(a) Exclusion of Certain General and Flag Officers of Reserve
Components on Active Duty From Strength Limitations.--Section 526a of
title 10, United States Code, is 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):
``(c) <<NOTE: Time periods.>> Exclusion of Certain Officers of
Reserve Components.--The limitations of this section do not apply to the
following:
``(1) A general or flag officer of a reserve component who
is on active duty--
``(A) for training; or
``(B) under a call or order specifying a period of
less than 180 days.
``(2)(A) A general or flag officer of a reserve component
who is authorized by the Secretary of the military department
concerned to serve on active duty for a period of at least 180
days and not longer than 365 days.
``(B) The Secretary of the military department concerned may
authorize a number, determined under subparagraph (C), of
officers in the reserve component of each armed force under the
jurisdiction of that Secretary to serve as described in
subparagraph (A).
``(C) Each number described in subparagraph (B) may not
exceed 10 percent of the number of general or flag officers, as
the case may be, authorized to serve in the armed force
concerned under section 12004 of this title. In determining a
number under this subparagraph, any fraction shall be rounded
down to the next whole number that is greater than zero.
``(3)(A) A general or flag officer of a reserve component
who is on active duty for a period longer than 365 days and not
longer than three years.
``(B) The number of officers described in subparagraph (A)
who do not serve in a position that is a joint duty assignment
for purposes of chapter 38 of this title may not exceed five per
armed force, unless authorized by the Secretary of Defense.''.
(b) Allocation of Billets and Positions Among the Armed Forces and
for Joint Duty Assignments.--
(1) <<NOTE: Study.>> Report required.--Not later than May
1, 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 by the Secretary
for purposes of the report, on the following:
(A) The allocation among the Armed Forces of billets
and positions for general and flag officers on active
duty.
(B) The allocation for joint duty assignments of
billets and positions for general and flag officers on
active duty.
(2) Consultation.--The Secretary of Defense shall carry out
paragraph (1) in the consultation with the Secretaries of
[[Page 134 STAT. 3563]]
the military departments and the Chairman of the Joint Chiefs of
Staff.
(3) <<NOTE: Recommenda- tions.>> Elements.--The report
required by paragraph (1) shall include the following:
(A) <<NOTE: Plan.>> A final plan to meet the
authorized strengths of general and flag officers on
active duty after December, 31, 2022, as required by
section 526a of title 10, United States Code, which plan
shall set forth the intended disposition of each billet
or position for general or flag officer in effect as of
the date of the enactment of this Act in order to meet
the objectives of the plan.
(B) A recommendation by the Secretary of Defense as
to the appropriate grade level or levels for the billet
or position of commander of a component command within a
combatant command.
(C) A recommendation by the Chairman of the Joint
Chief of Staff as to whether the billet or position of
commander of a component command within a combatant
command should be considered a joint duty assignment for
purposes of section 526(b) or 526a(b) of title 10,
United States Code.
(D) A recommendation by the Secretary of Defense as
to the allocation of billets and positions for general
and flag officers on active duty among the Armed Forces
within the aggregate limitation specified in section
526a(a) of title 10, United States Code, including the
allocation of such billets and positions within the
Space Force.
(E) Such other matters as the Secretary of Defense
considers appropriate.
(c) Increase in Army Authorization for General Officers Serving in
Grade O-10.--
(1) Increase.--Section 525(a)(1)(A) of title 10, United
States Code, is amended by striking ``7'' and inserting ``8''.
(2) Conforming decrease in strength limitations for joint
duty requirements.--Section 526(b)(3)(A) of such title is
amended by striking ``20'' and inserting ``19''.
(3) <<NOTE: 10 USC 526 note.>> Construction of decrease as
applying to generals.--The reduction in number of positions
excluded from authorized strength limitations resulting from the
amendment made by paragraph (2) shall apply to positions in the
grade of general.
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) <<NOTE: Time period.>> 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.''.
[[Page 134 STAT. 3564]]
(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):
``(D) Additional credit as follows:
``(i) For special training or experience in a
particular officer field as designated by the Secretary
concerned, if such training or experience is directly
related to the operational needs of the armed force
concerned.
``(ii) During fiscal years 2021 through 2025, for
advanced education in an officer field so designated, if
such education is directly related to the operational
needs of the armed force concerned.''.
(c) <<NOTE: 10 USC 533 note.>> Annual Report.--
(1) <<NOTE: Time period.>> 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) <<NOTE: Assessment.>> 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. DIVERSITY IN SELECTION BOARDS.
(a) Requirement for Diverse Membership of Active Duty Promotion
Selection Boards.--
(1) Officers.--Section 612(a)(1) of title 10, United States
Code, is amended by adding at the end the following new
sentence: ``The members of a selection board shall represent the
diverse population of the armed force concerned to the extent
practicable.''.
(2) Warrant officers.--Section 573(b) of title 10, United
States Code, is amended by adding at the end the following new
sentence: ``The members of a selection board shall represent the
diverse population of the armed force concerned to the extent
practicable.''.
[[Page 134 STAT. 3565]]
(b) Requirement for Diverse Membership of Reserve Component
Promotion Selection Boards.--Section 14102(b) of title 10, United States
Code, is amended by adding at the end the following new sentence: ``The
members of a selection board shall represent the diverse population of
the armed force concerned to the extent practicable.''.
(c) <<NOTE: 10 USC 573 note.>> Other Selection Boards.--
(1) In general.--The Secretary of Defense shall ensure that
the members of each selection board described in paragraph (2)
represent the diverse population of the Armed Force concerned to
the extent practicable.
(2) Selection board described.--A selection board described
in this paragraph (1) is any selection board used with respect
to the promotion, education, or command assignments of members
of the Armed Forces that is not covered by the amendments made
by this section.
SEC. 504. REQUIREMENT FOR PROMOTION SELECTION BOARD RECOMMENDATION
OF HIGHER PLACEMENT ON PROMOTION LIST OF
OFFICERS OF PARTICULAR MERIT.
(a) In General.--Section 616(h) 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) <<NOTE: Applicability. 10 USC 616 note.>> 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. 505. 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. <<NOTE: 10 USC 625a.>> Special selection review
boards
``(a) <<NOTE: Determination. Recommenda- tions.>> 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.
[[Page 134 STAT. 3566]]
``(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) <<NOTE: Classified information. Summary.>> 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
[[Page 134 STAT. 3567]]
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) <<NOTE: Waiver authority.>> 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) <<NOTE: Records.>> 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) <<NOTE: Records.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Applicability.>> 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
[[Page 134 STAT. 3568]]
apply to the report and proceedings of a promotion board convened under
section 611(a) of this title.
``(f) Appointment of Persons.--(1) <<NOTE: President.>> If the
report of a special selection review board convened under this section
recommends the sustainment of the recommendation for promotion to the
next higher grade of a person whose name was referred to it for review
under this section, and the President approves the report, the person
shall, as soon as practicable, be appointed to that grade in accordance
with subsections (b) and (c) of section 624 of this title.
``(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have the same
date of rank, the same effective date for the pay and allowances of that
grade, and the same position on the active-duty list as the person would
have had pursuant to the original recommendation for promotion of the
promotion board concerned.
``(g) Regulations.--(1) The Secretary of Defense shall prescribe
regulations to carry out this section. <<NOTE: Applicability.>> Such
regulations shall apply uniformly across the military departments.
``(2) <<NOTE: Approval.>> 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 <<NOTE: 10 USC 627 prec.>> 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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 3569]]
(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. <<NOTE: 10 USC 14502a.>> Special selection review
boards
``(a) In General.--(1) <<NOTE: Determination. Recommenda- tions.>>
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
[[Page 134 STAT. 3570]]
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) <<NOTE: Classified information. Summary.>> 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) <<NOTE: Waiver authority.>> 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
[[Page 134 STAT. 3571]]
standards used by the promotion board that recommended the person for
promotion.
``(4) <<NOTE: Determination.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: President.>> If the
report of a special selection review board convened under this section
recommends the sustainment of the recommendation for promotion to the
next higher grade of a person whose name was referred to it for review
under this section, and the President approves the report, the person
shall, as soon as practicable, be appointed to that grade in accordance
with section 14308 of this title.
``(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have the same
date of rank, the same effective date for the pay and allowances of that
grade, and the same position on the reserve active-status list as the
person would have had pursuant to the original recommendation for
promotion of the promotion board concerned.
``(g) Regulations.--(1) The Secretary of Defense shall prescribe
regulations to carry out this section. <<NOTE: Applicability.>> Such
regulations shall apply uniformly across the military departments.
``(2) <<NOTE: Approval.>> 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 <<NOTE: 10 USC 14501
prec.>> is amended by inserting
[[Page 134 STAT. 3572]]
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) <<NOTE: Determination.>> 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:
``(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
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; 133
Stat. 1344) <<NOTE: 10 USC 615 note.>> 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.
[[Page 134 STAT. 3573]]
``(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. 506. 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. 507. MANDATORY RETIREMENT FOR AGE.
(a) General Rule.--Subsection (a) of section 1251 of title 10,
United States Code, is amended--
(1) by striking ``or Marine Corps,'' and inserting ``Marine
Corps, or Space Force''; 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''.
[[Page 134 STAT. 3574]]
(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.--(1) <<NOTE: Applicability.>> The following rules shall apply
to a regular commissioned officer who is to be retired or separated
under subsection (a):
``(A) 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.
``(B) If the officer has fewer than 6 years of creditable
service, the officer shall be separated under subsection (a).
``(2) Notwithstanding paragraph (1), in the case of a regular
commissioned officer who was added to the retired list before the date
of the enactment of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021, the officer shall be retired,
with retired pay computed under section 1401 of this title.''.
SEC. 508. 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. <<NOTE: 10 USC 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.
[[Page 134 STAT. 3575]]
``(3) Effect of misconduct in lower grade in
determination.--If the Secretary of a military department or the
Secretary of Defense, as applicable, determines that an officer
committed misconduct in a lower grade than the retirement grade
otherwise provided for the officer by this section--
``(A) such Secretary may deem the officer to have
not served satisfactorily in any grade equal to or
higher than such lower grade for purposes of determining
the retirement grade of the officer under this section;
and
``(B) the grade next lower to such lower grade shall
be the retired grade of the officer under this section.
``(4) <<NOTE: Notification.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: President.>> 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
[[Page 134 STAT. 3576]]
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) <<NOTE: President. Deadline.>> 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) <<NOTE: Determination.>> 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.
[[Page 134 STAT. 3577]]
``(c) Officers in O-9 and O-10 Grades.--
``(1) <<NOTE: Certification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Records.>> 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) <<NOTE: Determination.>> 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--
[[Page 134 STAT. 3578]]
``(A) <<NOTE: Determination.>> 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) <<NOTE: Applicability.>> Change from conditional
retirement grade.--If the resolution of an investigation or
personnel action with respect to an officer who has been retired
in a conditional retirement grade pursuant to subsection (d)
results in a determination that the conditional retirement grade
in which the officer was retired should be changed, the changed
retirement grade shall be the final retired grade of the officer
under this section, except that if the final retirement grade
provided for an officer pursuant to this paragraph is the grade
of lieutenant general or general in the Army, Air Force, or
Marine Corps, vice admiral or admiral in the Navy, or an
equivalent grade in the Space Force, the requirements in
subsection (c) shall apply in connection with the retirement of
the officer in such final retirement grade.
``(3) <<NOTE: Effective dates.>> 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
[[Page 134 STAT. 3579]]
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) <<NOTE: Regulations.>> 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
[[Page 134 STAT. 3580]]
``(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) <<NOTE: President.>> 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 <<NOTE: Effective date.>> 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. <<NOTE: 10 USC 1370a.>> Officers entitled to
retired pay for non-regular service
``(a) <<NOTE: Determination.>> 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,
[[Page 134 STAT. 3581]]
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) <<NOTE: Determination.>> 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) <<NOTE: Time periods.>> Service-in-grade Requirement for
Offices in Grades Above O-4.--
``(1) <<NOTE: Determination.>> 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
in accordance with chapter 61 of this title, and at the
time of such transfer or discharge the person (pursuant
to section 12731b of this title or otherwise) meets the
service requirements established by section 12731(a) of
this title for eligibility for retired pay under chapter
1223 of this title, unless the disability is described
in section 12731b of this title.
``(3) Reduction in service-in-grade requirements.--
``(A) Officers in grades below general and flag
officer grades.--In the case of a person to be retired
in a grade below brigadier general or rear admiral
(lower half) in the Navy, the Secretary of Defense may
authorize the Secretary of a military department to
reduce, subject to subparagraph (B), the three-year
period of service-in-grade required by paragraph (1) to
a period not less than two years. The authority of the
Secretary of a military department under this
subparagraph may not be delegated.
``(B) Limitation.--The number of reserve
commissioned officers of an armed force in the same
grade for whom a reduction is made under subparagraph
(A) during any fiscal year in the period of service-in-
grade otherwise required by paragraph (1) may not exceed
the number
[[Page 134 STAT. 3582]]
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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3583]]
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) <<NOTE: Determination.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Records.>> 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
[[Page 134 STAT. 3584]]
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, <<NOTE: 10 USC 1370 prec.>> 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:
[[Page 134 STAT. 3585]]
(A) In section 1406(b)(2), by striking ``section
1370(d)'' and inserting ``section 1370a''.
(B) In section 1407(f)(2)(B), by striking ``by
reason of denial of a determination or certification
under section 1370'' and inserting ``pursuant to section
1370 or 1370a''.
(2) Army.--Section 7341 of such title is amended--
(A) by striking subsection (a) and inserting the
following new subsection (a):
``(a)(1) The retired grade of a regular commissioned officer of the
Army who retires other than for physical disability is determined under
section 1370 of this title.
``(2) The retired grade of a reserve commissioned officer of the
Army who retires other than for physical disability is determined under
section 1370a of this title.''; and
(B) in subsection (b)--
(i) by striking ``he'' and inserting ``the
member''; and
(ii) by striking ``his'' and inserting ``the
member's''.
(3) Navy and marine corps.--Such title is further amended as
follows:
(A) In section 8262(a), by striking ``sections 689
and 1370'' and inserting ``section 689, and section 1370
or 1370a (as applicable),''.
(B) In section 8323(c), by striking ``section 1370
of this title'' and inserting ``section 1370 or 1370a of
this title, as applicable''.
(4) Air force and space force.--Section 9341 of such title
is amended--
(A) by striking subsection (a) and inserting the
following new subsection (a):
``(a)(1) The retired grade of a regular commissioned officer of the
Air Force or the Space Force who retires other than for physical
disability is determined under section 1370 of this title.
``(2) The retired grade of a reserve commissioned officer of the Air
Force or the Space Force who retires other than for physical disability
is determined under section 1370a of this title.''; and
(B) in subsection (b)--
(i) by inserting ``or a Regular or Reserve of
the Space Force'' after ``Air Force'';
(ii) by striking ``he'' and inserting ``the
member''; and
(iii) by striking ``his'' and inserting ``the
member's''.
(5) Reserve officers.--Section 12771 of such title is
amended--
(A) in subsection (a), by striking ``section
1370(d)'' and inserting ``section 1370a of this title'';
and
(B) in subsection (b)(1), by striking ``section
1370(d)'' and inserting ``section 1370a''.
(c) <<NOTE: 10 USC 1370 note.>> 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)).
[[Page 134 STAT. 3586]]
SEC. 509. 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 <<NOTE: 10 USC 8132 prec.>> is amended by
striking the item relating to section 8137.
SEC. 509A. PERMANENT PROGRAMS ON DIRECT COMMISSIONS TO CYBER
POSITIONS.
(a) Permanent Programs.--Section 509 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2109; 10 U.S.C. 503 note) is amended--
(1) in the subsection heading of subsection (a), by striking
``Pilot'';
(2) by striking ``pilot'' each place it appears; and
(3) by striking subsections (d) and (e).
(b) Heading Amendment.--The heading of such section is amended to
read as follows:
``SEC. 509. PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS.''.
SEC. 509B. REVIEW OF SEAMAN TO ADMIRAL-21 PROGRAM.
(a) Review.--
(1) In general.--The Secretary of the Navy shall review the
policies and procedures for the Seaman to Admiral-21 program in
effect during fiscal years 2010 through 2014.
(2) <<NOTE: Determinations.>> Elements.--The elements of
the review shall include the following:
(A) <<NOTE: Time period.>> A determination whether
officer candidates selected for the Seaman to Admiral-21
program after October 28, 2009, and before 30 September
2014, were notified or otherwise informed that they
would not receive retirement credit for the months of
active service used in pursuit of a baccalaureate-level
degree under the program following completion of the
program and upon appointment to the grade of ensign in
the Navy.
(B) An explanation of how and when the Navy
implemented the requirements of former section 6328(c)
of title 10, United States Code (currently section
8328(c) of that title) for Seaman to Admiral-21
participants.
(C) The number of personnel who were selected for
the Seaman to Admiral-21 program, completed a
baccalaureate-level degree, and were appointed as an
ensign in the Navy under the program from fiscal years
2010 through 2014.
(D) A determination whether the personnel described
in subparagraph (C) should be eligible for retirement
credit for the months of active service spent in pursuit
of a baccalaureate-level degree.
(b) Report.--The Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
results of the review under subsection (a).
[[Page 134 STAT. 3587]]
(c) Deadline.--The Secretary of the Navy shall carry out this
section by not later than 180 days after the date of the enactment of
this Act.
Subtitle B--Reserve Component Management
SEC. 511. 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. 512. EXPANSION OF JUNIOR RESERVE OFFICERS' TRAINING CORPS
PROGRAM.
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)''.
SEC. 513. GRANTS TO SUPPORT STEM EDUCATION IN THE JUNIOR RESERVE
OFFICERS' TRAINING CORPS.
(a) Program Authority.--
(1) In general.--Chapter 102 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2036. <<NOTE: 10 USC 2036.>> Grants to support science,
technology, engineering, and mathematics
education
``(a) <<NOTE: Consultation.>> Authority.--The Secretary, in
consultation with the Secretary of Education, may carry out a program to
make grants to eligible entities to assist such entities in providing
education in covered subjects to students in the Junior Reserve
Officers' Training Corps.
``(b) Coordination.--In carrying out a program under subsection (a),
the Secretary may coordinate with the following:
``(1) The Director of the National Science Foundation.
``(2) The Administrator of the National Aeronautics and
Space Administration.
``(3) <<NOTE: Determination.>> The heads of such other
Federal, State, and local government entities the Secretary of
Defense determines to be appropriate.
``(c) Activities.--Activities funded with grants under this section
may include the following:
``(1) Training and other support for instructors to teach
courses in covered subjects to students.
``(2) The acquisition of materials, hardware, and software
necessary for the instruction of covered subjects.
[[Page 134 STAT. 3588]]
``(3) Activities that improve the quality of educational
materials, training opportunities, and curricula available to
students and instructors in covered subjects.
``(4) Development of travel opportunities, demonstrations,
mentoring programs, and informal education in covered subjects
for students and instructors.
``(5) Students' pursuit of certifications in covered
subjects.
``(d) Preference.--In making any grants under this section, the
Secretary shall give preference to eligible entities that are eligible
for assistance under part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.).
``(e) Evaluations.--In carrying out a program under this section,
the Secretary shall establish outcome-based metrics and internal and
external assessments to evaluate the merits and benefits of the
activities funded with grants under this section with respect to the
needs of the Department of Defense.
``(f) Authorities.--In carrying out a program under this section,
the Secretary shall, to the extent practicable, make use of the
authorities under chapter 111 and sections 2601 and 2605 of this title,
and other authorities the Secretary determines appropriate.
``(g) Definitions.--In this section:
``(1) The term `eligible entity' means a local education
agency that hosts a unit of the Junior Reserve Officers'
Training Corps.
``(2) The term `covered subjects' means--
``(A) science;
``(B) technology;
``(C) engineering;
``(D) mathematics;
``(E) computer science;
``(F) computational thinking;
``(G) artificial intelligence;
``(H) machine learning;
``(I) data science;
``(J) cybersecurity;
``(K) robotics;
``(L) health sciences; and
``(M) other subjects determined by the Secretary of
Defense to be related to science, technology,
engineering, and mathematics.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 102 of such title <<NOTE: 10 USC 2031
prec.>> is amended by adding at the end the following new item:
``2036. Grants to support science, technology, engineering, and
mathematics education.''.
(b) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on any activities carried out under section 2036 of title 10,
United States Code (as added by subsection (a)).
SEC. 514. PERMANENT SUICIDE PREVENTION AND RESILIENCE PROGRAM FOR
THE RESERVE COMPONENTS.
Section 10219 of title 10, United States Code, is amended by
striking subsection (h).
[[Page 134 STAT. 3589]]
SEC. 515. MODIFICATION OF EDUCATION LOAN REPAYMENT PROGRAM FOR
MEMBERS OF SELECTED RESERVE.
(a) Modification of Maximum Repayment Amount.--Section 16301(b) of
title 10, United States Code, is amended by striking ``$500'' and
inserting ``$1,000''.
(b) <<NOTE: 10 USC 16301 note.>> Effective Date and
Applicability.--The amendment made by subsection (a) shall take effect
on the date of the enactment of this Act and shall apply with respect to
loan repayment under section 16301 of title 10, United States Code, for
eligible years of service completed on or after the date of the
enactment of this Act.
SEC. 516. INCLUSION OF DRILL OR TRAINING FOREGONE DUE TO EMERGENCY
TRAVEL OR DUTY RESTRICTIONS IN
COMPUTATIONS OF ENTITLEMENT TO AND AMOUNTS
OF RETIRED PAY FOR NON-REGULAR SERVICE.
(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) <<NOTE: Regulations.>> 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) <<NOTE: Time period.>> A person may not be
credited more than 35 points in a one-year period under
this subparagraph.
``(iii) <<NOTE: Definition.>> 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)''.
(c) Reporting.--
(1) Report required.--Not later than one year after the date
on which the covered emergency period, as defined in
subparagraph (F) of section 12732(a)(2) of such title, as added
by subsection (a), ends, the Secretary of Defense shall submit
to the congressional defense committees a report on the use of
the authority under such subparagraph.
(2) Elements.--The report under this subsection shall
include, with respect to each reserve component, the following:
(A) The number of individuals granted credit as a
result of a training cancellation.
[[Page 134 STAT. 3590]]
(B) The number of individuals granted credit as a
result of another extenuating circumstance.
(3) <<NOTE: Deadline.>> Publication.--Not later than 30
days after submitting the report under paragraph (1), the
Secretary shall--
(A) <<NOTE: Public information. Web posting.>>
publish the report on a publicly accessible website of
the Department of Defense; and
(B) <<NOTE: Data.>> ensure that any data in the
report is made available in a machine-readable format
that is downloadable, searchable, and sortable.
SEC. 517. <<NOTE: 10 USC 12301 note.>> QUARANTINE LODGING FOR
MEMBERS OF THE RESERVE COMPONENTS WHO
PERFORM CERTAIN SERVICE IN RESPONSE TO THE
COVID-19 EMERGENCY.
(a) <<NOTE: Time period.>> In General.--The Secretary of Defense
may provide, to a member of the reserve components of the Armed Forces
who performs a period of covered service, housing for not fewer than 14
days immediately after the end of such period of covered service.
(b) Definitions.--In this section:
(1) The term ``active service'' has the meaning given that
term in section 101 of title 10, United States Code.
(2) The term ``covered service'' means active service
performed in response to the covered national emergency.
(3) The term ``covered national emergency'' means the
national emergency declared on March 13, 2020, by the President
under the National Emergencies Act (50 U.S.C. 1601 et seq.) with
respect to COVID-19.
SEC. 518. <<NOTE: 10 USC 10101 note.>> DIRECT EMPLOYMENT PILOT
PROGRAM FOR CERTAIN MEMBERS OF THE RESERVE
COMPONENTS.
(a) In General.--The Secretary of Defense may carry out a pilot
program to enhance the efforts of the Department of Defense to provide
job placement assistance and related employment services directly to
members of the National Guard and Reserves in reserve active-status.
(b) Administration.--Any such pilot program shall be offered to, and
administered by, the adjutants general appointed under section 314 of
title 32, United States Code, or other officials in the States concerned
designated by the Secretary for purposes of the pilot program.
(c) Cost-Sharing Requirement.--As a condition on the provision of
funds under this section to a State to support the operation of the
pilot program in that State, the State must agree to contribute funds,
derived from non-Federal sources, in an amount equal to at least 50
percent of the funds necessary for the operation of the pilot program in
that State.
(d) Development.--In developing any such pilot program, the
Secretary shall--
(1) incorporate elements of State direct employment programs
for members of the reserve components; and
(2) use resources provided to members of the Armed Forces
with civilian training opportunities through the SkillBridge
transition training program administered by the Department of
Defense.
(e) Direct Employment Program Model.--Any such pilot program shall
use a job placement program model that focuses on working one-on-one
with eligible members to cost-effectively provide job placement
services, including--
(1) identifying unemployed and underemployed individuals;
[[Page 134 STAT. 3591]]
(2) job matching services;
(3) resume editing;
(4) interview preparation; and
(5) post-employment follow up.
(f) Evaluation.--The Secretary shall develop outcome metrics to
evaluate the success of any such pilot program.
(g) Reporting.--
(1) Report required.--If the Secretary carries out the pilot
Program, the Secretary of Defense shall submit to the
congressional defense committees a report describing the results
of the pilot program not later than March 1,
2022. <<NOTE: Coordination.>> The Secretary shall prepare the
report in coordination with the Chief of the National Guard
Bureau.
(2) <<NOTE: Assessments.>> Elements.--A report under
paragraph (1) shall include the following:
(A) A description and assessment of the
effectiveness and achievements of the pilot program,
including the number of members of the reserve
components of the Armed Forces hired and the cost-per-
placement of participating members.
(B) An assessment of the effects of the pilot
program and increased reserve component employment on
the readiness of members of the reserve components and
on the retention of members.
(C) A comparison of the pilot program to other
programs conducted by the Department of Defense to
provide unemployment or underemployment support to
members of the reserve components of the Armed Forces,
including the best practices developed through and used
in such programs.
(D) Any other matters the Secretary of Defense
determines appropriate.
(h) Duration; Extension.--
(1) Subject to paragraph (2), the authority to carry out the
pilot program expires on September 30, 2024.
(2) The Secretary may elect to extend the pilot program for
not more than two additional fiscal years.
SEC. 519. <<NOTE: 10 USC 2101 note.>> PILOT PROGRAMS AUTHORIZED
IN CONNECTION WITH SROTC UNITS AND CSPI
PROGRAMS AT HISTORICALLY BLACK COLLEGES
AND UNIVERSITIES AND MINORITY
INSTITUTIONS.
(a) <<NOTE: Assessments.>> Pilot Programs Required.--The Secretary
of Defense may carry out two 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 covered military installations.
(2) <<NOTE: Consultation.>> In consultation with the
Secretary of Homeland Security, 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, and members of the Coast
[[Page 134 STAT. 3592]]
Guard College Student Pre-Commissioning Initiative, at covered
institutions for participation in flight training.
(b) Duration.--The duration of each pilot program under subsection
(a) may not exceed 5 years.
(c) Pilot Program on Partnerships Between Satellite or Extension
SROTC Units and Covered Military Installations.--
(1) Participating institutions.--The Secretary of Defense
shall carry out the pilot program required 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
under 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 under subsection (a)(1), the Secretary shall
give preference to covered institutions that are located within
20 miles of a covered military installation of the same Armed
Force as the host unit of the Senior Reserve Officers' Training
Corps of the covered institution concerned.
(4) Partnership activities.--The activities conducted under
the pilot program under subsection (a)(1) between a satellite or
extension Senior Reserve Officers' Training Corps unit and the
covered military installation concerned shall include such
activities designed to reduce barriers to participation in the
Senior Reserve Officers' Training Corps at the covered
institution concerned as the Secretary considers appropriate,
including measures to mitigate travel time and expenses in
connection with receipt of Senior Reserve Officers' Training
Corps instruction.
(d) Pilot Program on Financial Assistance for SROTC and CSPI Members
for Flight Training.--
(1) <<NOTE: Requirements.>> Eligibility for participation
by srotc and cspi members.--A member of a Senior Reserve
Officers' Training Corps unit, or a member of a Coast Guard
College Student Pre-Commissioning Initiative program, at a
covered institution may participate in the pilot program under
subsection (a)(2) if the member meets such academic requirements
at the covered institution, and such other requirements, as the
Secretary concerned 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 under subsection (a)(2), the Secretary concerned 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 concerned may provide
any member of a Senior Reserve Officers' Training Corps
unit or a College Student Pre-Commissioning Initiative
[[Page 134 STAT. 3593]]
program who participates in the pilot program under
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 or the
College Student Pre-Commissioning Initiative, as
applicable.
(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 required by
subsection (a)(1), a description of the partnerships
between satellite or extension Senior Reserve Officers'
Training Corps units and covered military installations
under the pilot program.
(B) In the case of the pilot program required by
subsection (a)(2), the following:
(i) The number of members of Senior Reserve
Officers' Training Corps units, and the number of
members of Coast Guard College Student Pre-
Commissioning Initiative programs, at covered
institutions selected
[[Page 134 STAT. 3594]]
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) <<NOTE: Data.>> 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) <<NOTE: Assessment.>> An assessment of the
effectiveness of each pilot program.
(C) <<NOTE: Cost estimate.>> A description of the
cost of each pilot program, and an estimate of the cost
of making each pilot program permanent.
(D) <<NOTE: Cost estimate.>> An estimate of the
cost of expanding each pilot program throughout all
eligible Senior Reserve Officers' Training Corps units
and College Student Pre-Commissioning Initiative
programs.
(E) <<NOTE: Recommenda- tions.>> 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 ``covered military installation'' means an
installation of the Department of Defense for the regular
components of the Armed Forces.
(3) 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.
[[Page 134 STAT. 3595]]
(F) Any other certificate, rating, or pilot
privilege the Secretary considers appropriate for
purposes of this section.
SEC. 519A. REPORT REGARDING FULL-TIME NATIONAL GUARD DUTY IN
RESPONSE TO THE COVID-19 PANDEMIC.
(a) Report Required.--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 regarding how it is determined
whether to authorize full-time National Guard duty in response to the
covered national emergency.
(b) Elements.--The report under this section shall include the
following:
(1) The number of requests described in subsection (a).
(2) The number of such requests approved and the number of
requests denied.
(3) For each such request--
(A) the time elapsed from receipt of request to
disposition of request; and
(B) whether costs (including pay and benefits for
members of the National Guard) were a factor in
determining whether to grant or deny the request.
(4) <<NOTE: Estimate.>> For each such request approved, an
estimate of the time between approval and the time when the
first such member of the National Guard was placed on full-time
National Guard duty in response to such request.
(5) For each such request denied, the reason for denial and
how such denial was explained to the requestor.
(6) A description of how the process of review for such
requests differed from previous requests for a determination
whether to authorize full-time National Guard duty under section
502(f) of title 32, United States Code.
(7) <<NOTE: Recommenda- tions.>> Recommendations of the
Secretary to improve the review of such requests in order to
better respond to such requests.
(c) Definitions.--In this section:
(1) The term ``covered national emergency'' means the
national emergency declared on March 13, 2020, by the President
under the National Emergencies Act (50 U.S.C. 1601 et seq.) with
respect to COVID-19.
(2) The term ``full-time National Guard duty'' has the
meaning given that term in section 101 of title 10, United
States Code.
SEC. 519B. STUDY AND REPORT ON NATIONAL GUARD SUPPORT TO STATES
RESPONDING TO MAJOR DISASTERS.
(a) Study Required.--The Secretary of Defense shall conduct a study
on the process by which the National Guard provides support to other
Federal agencies and to States during major disasters. The report shall
include the following:
(1) <<NOTE: Reviews.>> With regards to authorization of
full-time National Guard duty under section 502(f) of title 32,
United States Code--
(A) a review of the process of such authorization,
including authorization approval, funding approval, and
mission assignment;
(B) <<NOTE: Data.>> a review of data regarding the
frequency and speed of such authorizations during fiscal
years 2015 through 2020; and
[[Page 134 STAT. 3596]]
(C) measures of performance or effectiveness.
(2) The effectiveness of the funding transfer process
between the Federal Emergency Management Agency and the
Department of Defense.
(3) The development and promulgation of training and
education materials for the National Guard and other components
of the Department of Defense.
(4) <<NOTE: Analysis.>> An analysis of lessons learned from
the response to COVID-19, including--
(A) policy gaps identified by the Secretary; and
(B) any recommendations of the Secretary to improve
such process.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report that includes the findings of the study
conducted under subsection (a).
SEC. 519C. REPORT ON GUIDANCE FOR USE OF UNMANNED AIRCRAFT SYSTEMS
BY THE NATIONAL GUARD.
(a) <<NOTE: Deadline.>> Review.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall--
(1) review current guidance on the use of unmanned aircraft
systems by the National Guard for covered activities within the
United States; and
(2) <<NOTE: Recommenda- tions.>> submit to the
congressional defense committees a report containing
recommendations of the Secretary regarding how to expedite the
review of requests for use of unmanned aircraft systems
described in paragraph (1).
(b) Covered Activities Defined.--In this section, the term ``covered
activities'' means--
(1) emergency operations;
(2) search and rescue operations;
(3) defense support to civil authorities; and
(4) support under section 502(f) of title 32, United States
Code.
SEC. 519D. STUDY AND REPORT ON ROTC RECRUITMENT.
(a) <<NOTE: Assessments.>> Study.--The Secretary of Defense shall
conduct a study that assesses--
(1) whether members of the Armed Forces who served in the
Junior Reserve Officers' Training Corps are more or less likely
than members who served in the Senior Reserve Officers' Training
Corps to achieve or receive recommendations for higher ranks;
(2) whether there is a correlation between race or ethnicity
and the rank ultimately achieved by such members;
(3) whether individuals who serve in the Junior Reserve
Officers' Training Corps are likelier to join the Armed Forces
than other individuals; and
(4) the feasibility of establishing a program to create a
pathway for minorities into higher ranks in the Armed Forces.
(b) Report.--Not later than December 31, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the results of the study
conducted under subsection (a).
[[Page 134 STAT. 3597]]
Subtitle C--General Service Authorities and Correction of Military
Records
SEC. 521. INCREASED ACCESS TO POTENTIAL RECRUITS.
(a) Secondary Schools.--Section 503 of title 10, United States Code,
is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (A)(ii), by striking ``and
telephone listings,'' and all that follows through the
period at the end and inserting ``electronic mail
addresses (which shall be the electronic mail addresses
provided by the school, if available), and telephone
listings, notwithstanding subsection (a)(5) of section
444 of the General Education Provisions Act (20 U.S.C.
1232g).''; and
(B) in subparagraph (B), by striking ``and telephone
listing'' and inserting ``electronic mail address, and
telephone listing''; and
(2) by striking subsection (d).
(b) Institutions of Higher Education.--Section 983(b)(2)(A) of such
title is amended by striking ``and telephone listings'' and inserting
``electronic mail addresses (which shall be the electronic mail
addresses provided by the institution, if available), and telephone
listings''.
SEC. 522. 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 the date of the enactment of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021, 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. 523. HONORARY PROMOTION MATTERS.
(a) Honorary Promotions on Initiative of Department of Defense.--
Chapter 80 of title 10, United States Code, is amended by inserting
after section 1563 the following new section:
``Sec. 1563a. <<NOTE: 10 USC 1563a.>> Honorary promotions on the
initiative of the Department of Defense
``(a) In General.--(1) <<NOTE: Regulations. Determination.>> 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.
[[Page 134 STAT. 3598]]
``(2) The authority to make an honorary promotion under this
subsection shall apply notwithstanding that the promotion is not
otherwise authorized by law.
``(b) <<NOTE: Time period. Determination.>> Notice to Congress.--
The Secretary may not make an honorary promotion pursuant to subsection
(a) until 60 days after the date on which the Secretary submits to the
Committees on Armed Services of the Senate and the House of
Representatives a notice of the determination to make the promotion,
including a detailed discussion of the rationale supporting the
determination.
``(c) Notice of Promotion.--Upon making an honorary promotion
pursuant to subsection (a), the Secretary shall expeditiously notify the
former member or retired member concerned, or the next of kin of such
former member or retired member if such former member or retired member
is deceased, of the promotion.
``(d) Nature of Promotion.--Any promotion pursuant to this section
is honorary, and shall not affect the pay, retired pay, or other
benefits from the United States to which the former member or retired
member concerned is entitled or would have been entitled based on the
military service of such former member or retired member, nor affect any
benefits to which any other person is or may become entitled based on
the military service of such former member or retired member.''.
(b) Modification of Authorities on Review of Proposals From
Congress.--
(1) Standardization of authorities with authorities on
initiative of department of defense.--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) <<NOTE: Regulations.>> 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.
[[Page 134 STAT. 3599]]
``(2) <<NOTE: Time period.>> 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 <<NOTE: 10 USC 1561 prec.>> 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.''.
SEC. 524. <<NOTE: Regulations.>> EXCLUSION OF OFFICIAL
PHOTOGRAPHS OF MEMBERS FROM RECORDS
FURNISHED TO PROMOTION SELECTION BOARDS.
(a) <<NOTE: 10 USC 615 note.>> Active Duty Officers.--The Secretary
of Defense shall include in the regulations prescribed pursuant to
section 615(a) of title 10, United States Code, a prohibition on the
inclusion of an official photograph of an officer in the information
furnished to a selection board pursuant to section 615(b) of such title.
(b) <<NOTE: 10 USC 615 note.>> Reserve Officers.--The Secretary of
Defense shall include in regulations prescribed pursuant to section
14107(a)(1) of title 10, United States Code, a prohibition on the
inclusion of an official photograph of an officer in the information
furnished to a selection board pursuant to section 14107(a)(2) of such
title.
(c) <<NOTE: 10 USC 615 note.>> Enlisted Members.--Each Secretary of
a military department shall prescribe regulations that prohibit the
inclusion of an official photograph of an enlisted member in the
information furnished to a board that considers enlisted members under
the jurisdiction of such Secretary for promotion.
(d) <<NOTE: Consultation. Assessments.>> Report on Exclusion of
Additional Information.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretaries of the military departments, submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the following:
(1) <<NOTE: Recommenda- tions.>> A recommendation for the
redaction or removal from information furnished to selection
boards convened to consider officers or enlisted members for
promotion to the next higher
[[Page 134 STAT. 3600]]
grade of such information, if any, relating to an officer or
enlisted member, as applicable, that is currently furnished to
such a selection board as the Secretary considers appropriate
for redaction or removal in order to eliminate inappropriate
bias in the promotion selection process.
(2) An assessment of the anticipated effects on the
promotion process for officers or enlisted members, as
applicable, of the redaction or removal from information
furnished to selection boards of information recommended for
redaction or removal pursuant to paragraph (1).
(3) <<NOTE: Implementation plan.>> An implementation plan
that describes and assesses the manner in which the redaction or
removal of such information will be achieved, including a
description and assessment of the following:
(A) Any required changes to policies, processes, or
systems, including any information technology required.
(B) <<NOTE: Costs.>> The cost of implementing such
changes.
(C) <<NOTE: Timeline. Deadline.>> The estimated
timeline for completion of the implementation of such
changes (which may not be later than the day that is two
years after the date of the report).
(D) The duty title of the officer or employee of the
Department Defense to be assigned responsibility for
implementing such changes.
SEC. 525. REPORT REGARDING REVIEWS OF DISCHARGES AND DISMISSALS
BASED ON SEXUAL ORIENTATION.
(a) Report Required.--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 regarding the
number of former members of the Armed Forces who--
(1) were discharged or dismissed from the Armed Forces;
(2) <<NOTE: Effective date.>> on or after September 21,
2011, applied to the Secretary of the military department
concerned for an upgrade in the characterization of such
discharge or dismissal; and
(3) assert in such application that such discharge or
dismissal arose from a policy of the Department of Defense
regarding the sexual orientation of a member before September
21, 2011.
(b) Elements.--The report under this section shall include the
following:
(1) The number of applications described in subsection (a)
and the percentages of such applications granted and denied,
disaggregated by--
(A) Armed Force;
(B) grade;
(C) characterization of discharge or dismissal
originally received; and
(D) characterization of discharge or dismissal
received pursuant to an application described in
subsection (a)(2).
(2) <<NOTE: Determination.>> If the Secretary can determine
the number without reviewing applications described in
subsection (a) on a case-by-case basis, the number of such
applications--
(A) that were denied; and
(B) in which the discharge or dismissal was based
solely on misconduct of the discharged or dismissed
member.
[[Page 134 STAT. 3601]]
(c) <<NOTE: Deadline. Public information. Web posting.>>
Publication.--Not later than 90 days after the Secretary submits the
report under this section, the Secretary shall publish the report on a
publicly accessible website of the Department of Defense.
Subtitle D--Prevention and Response To Sexual Assault, Harassment, and
Related Misconduct
SEC. 531. MODIFICATION OF TIME REQUIRED FOR EXPEDITED DECISIONS IN
CONNECTION WITH APPLICATIONS FOR CHANGE OF
STATION OR UNIT TRANSFER OF MEMBERS WHO
ARE VICTIMS OF SEXUAL ASSAULT OR RELATED
OFFENSES.
(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) <<NOTE: Applicability. 10 USC 673 note.>> 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. 532. CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT.
(a) Confidential Reporting.--
(1) In general.--Chapter 80 of title 10, United States Code,
is amended by inserting after section 1561a the following new
section:
``Sec. 1561b. <<NOTE: 10 USC 1561b.>> Confidential reporting of
sexual harassment
``(a) <<NOTE: Regulations.>> Reporting Process.--Notwithstanding
section 1561 of this title, the Secretary of Defense shall prescribe in
regulations a process by which a member of an armed force under the
jurisdiction of the Secretary of a military department may
confidentially allege a complaint of sexual harassment to an individual
outside the immediate chain of command of the member.
``(b) Receipt of Complaints.--An individual designated and trained
to receive complaints under the process under subsection (a) shall--
``(1) maintain the confidentiality of the member alleging
the complaint;
``(2) explain to the member alleging the complaint the
different avenues of redress available to resolve the complaint
and the different consequences of each avenue on the manner in
which the complaint will be investigated (if at all), including
an explanation of the following:
``(A) The manner in which to file a complaint
concerning alleged sexual harassment with the official
or office designated for receipt of such complaint
through such avenue of redress.
``(B) That confidentiality in connection with the
complaint cannot be maintained when there is a clear and
present risk to health or safety.
``(C) If the alleged sexual harassment also involves
an allegation of sexual assault, including sexual
contact--
[[Page 134 STAT. 3602]]
``(i) the manner in which to file a
confidential report with a Sexual Assault Response
Coordinator or a Sexual Assault Prevention and
Response Victim Advocate; and
``(ii) options available pursuant to such
reporting, including a Restricted Report or
Unrestricted Report, and participation in the
Catch a Serial Offender Program.
``(D) The services and assistance available to the
member in connection with the complaint and the alleged
sexual harassment.
``(c) Education and Tracking.--The Secretary of Defense shall--
``(1) educate members under the jurisdiction of the
Secretaries of the military departments regarding the process
established under this section; and
``(2) track complaints alleged pursuant to the process.
``(d) <<NOTE: Time periods. Data.>> Reports.--Not later than April
30, 2023, and April 30 every two years thereafter, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report containing data on the
complaints of sexual harassment alleged pursuant to the process under
subsection (a) during the previous two calendar years. Any data on such
complaints shall not contain any personally identifiable information.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 80 of such title <<NOTE: 10 USC 1561
prec.>> is amended by inserting after the item relating to
section 1561b the following new item: <<NOTE: 03 Reports.>>
Reports.
``1561b. Confidential reporting of sexual harassment.''.
(b) Plan for Implementation.--The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report setting forth a plan for the implementation of
the process for confidential reporting of sexual harassment required by
section 1561b of title 10, United States Code (as added by subsection
(a)). The plan shall include the date on which the process is
anticipated to be fully implemented.
(c) Plan for Access to Confidential Reports To Identify Serial
Harassers.--Not later than one year after the implementation of the
process for confidential reporting of sexual harassment required by
section 1561b of title 10, United States Code (as so added), the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report setting forth a
plan to allow an individual who files a confidential report of sexual
harassment pursuant to the process to elect to permit a military
criminal investigative organization to access certain information in the
confidential report, including identifying information of the alleged
perpetrator (if available), for the purpose of identifying individuals
who are suspected of multiple incidents of sexual harassments, without
such access affecting the confidential nature of the confidential
report. The report shall specify the information to be accessible by
criminal investigative organizations pursuant to the plan.
[[Page 134 STAT. 3603]]
SEC. 533. ADDITIONAL BASES FOR PROVISION OF ADVICE BY THE 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; 133 Stat. 1380; 10 U.S.C. 1561 note) is
amended in subsection (c)(2)--
(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. 534. ADDITIONAL MATTERS FOR 2021 REPORT OF THE 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; 133 Stat. 1380; 10 U.S.C. 1561 note), as
amended by section 533 of this Act, is further amended by adding at the
end of subsection (d) the following: `` <<NOTE: Assessments.>> The
report in 2021 shall also 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 before entry into military
service of recruits who may have been the subject or
perpetrator of 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.
[[Page 134 STAT. 3604]]
``(C) The number of sexual assaults that involve an
abuse of power by a commander or supervisor.''.
SEC. 535. INCLUSION OF ADVISORY DUTIES ON THE COAST GUARD ACADEMY
AMONG DUTIES OF 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; 133 Stat. 1380; 10 U.S.C. 1561 note), as
amended by sections 533 and 534 of this Act, is further 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. 536. MODIFICATION OF REPORTING AND DATA COLLECTION ON VICTIMS
OF SEXUAL OFFENSES.
Section 547 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1561 note) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``accused of'' and inserting
``suspected of''; and
(ii) by striking ``assault'' and inserting
``offense'';
(B) in paragraph (2), by striking ``accused of'' and
inserting ``suspected of''; and
(C) in paragraph (3)--
(i) by striking ``assaults'' and inserting
``offenses''; and
(ii) by striking ``an accusation'' and
inserting ``suspicion of'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Guidance Required.--The Secretary of Defense shall issue
guidance to ensure the uniformity of the data collected by each Armed
Force for purposes of subsection (a). At a minimum, such guidance shall
establish--
``(1) standardized methods for the collection of the data
required to be reported under such subsection; and
[[Page 134 STAT. 3605]]
``(2) standardized definitions for the terms `sexual
offense', `collateral miconduct', and `adverse action'.''; and
(4) by amending subsection (c), as redesignated by paragraph
(2), to read as follows:
``(c) Definitions.--In this section:
``(1) The term `covered individual' means an individual who
is identified in the case files of a military criminal
investigative organization as a victim of a sexual offense that
occurred while that individual was serving on active duty as a
member of the Armed Forces.
``(2) The term `suspected of', when used with respect to a
covered individual suspected of collateral misconduct or crimes
as described in subsection (a), means that an investigation by a
military criminal investigative organization reveals facts and
circumstances that would lead a reasonable person to believe
that the individual committed an offense under chapter 47 of
title 10, United States Code (the Uniform Code of Military
Justice).''.
SEC. 537. MODIFICATION OF ANNUAL REPORT REGARDING SEXUAL ASSAULTS
INVOLVING MEMBERS OF THE ARMED FORCES.
(a) Additional Recipients.--Subsection (d) of section 1631 of the
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 10 U.S.C. 1561 note) is amended by inserting ``and
the Committees on Veterans' Affairs of the Senate and the House of
Representatives'' after ``House of Representatives''.
(b) <<NOTE: Effective date. 10 USC 1561 note.>> Applicability.--The
amendment made by subsection (a) shall take effect on the date of the
enactment of this Act and shall apply to reports required to be
submitted under such section on or after such date.
SEC. 538. <<NOTE: 10 USC 1565b note.>> COORDINATION OF SUPPORT
FOR SURVIVORS OF SEXUAL TRAUMA.
(a) <<NOTE: Deadline. Standards.>> In General.--Not later than one
year after the date of the enactment of this Act, the Secretaries of
Defense and Veterans Affairs shall jointly develop, implement, and
maintain a standard of coordinated care for members of the Armed Forces
who are survivors of sexual trauma. Such standard shall include the
following:
(b) Minimum Elements.--The standard developed and implemented under
subsection (a) by the Secretaries of Defense and Veterans Affairs shall
include the following:
(1) Information for members of the armed forces.--The
Secretary of Defense shall ensure that--
(A) Sexual Assault Response Coordinators and
Uniformed Victim Advocates receive annual training on
resources of the Department of Veterans Affairs
regarding sexual trauma;
(B) information regarding services furnished by the
Secretary of Veterans Affairs to survivors of sexual
trauma is provided to each such survivor; and
(C) information described in subparagraph (B) is
posted in the following areas in each facility of the
Department of Defense:
(i) An office of the Family Advocacy Program.
(ii) An office of a mental health care
provider.
(iii) Each area in which sexual assault
prevention staff normally post notices or
information.
[[Page 134 STAT. 3606]]
(iv) High-traffic areas (including dining
facilities).
(2) Coordination between staff of the departments.--The
Secretaries shall ensure that a Sexual Assault Response
Coordinator or Uniformed Victim Advocate of the Department of
Defense who receives a report of an instance of sexual trauma
connects the survivor to the Military Sexual Trauma Coordinator
of the Department of Veterans Affairs at the facility of that
Department nearest to the residence of that survivor if that
survivor is a member separating or retiring from the Armed
Forces.
(c) Reports.--
(1) Report on residential treatment.--Not later than 180
days after the date of the enactment of this Act, the
Secretaries of Defense and Veterans Affairs shall provide a
report to the appropriate committees of Congress regarding the
availability of residential treatment programs for survivors of
sexual trauma, including--
(A) barriers to access for such programs; and
(B) resources required to reduce such barriers.
(2) Initial report.--Upon implementation of the standard
under subsection (a), the Secretaries of Defense and Veterans
Affairs shall jointly submit to the appropriate committees of
Congress a report on the standard.
(3) Progress reports.--Not later than 180 days after
submitting the initial report under paragraph (2), and on
December 1 of each subsequent year, the Secretaries of Defense
and Veterans Affairs shall jointly submit to the appropriate
committees of Congress a report on the progress of the
Secretaries in implementing and improving the standard.
(4) Updates.--Whenever the Secretaries of Defense and
Veterans Affairs update the standard developed under subsection
(a), the Secretaries shall jointly submit to the appropriate
committees of Congress a report on such update, including a
comprehensive and detailed description of such update and the
reasons for such update.
(d) Definitions.--In this section:
(1) The term ``sexual trauma'' means a condition described
in section 1720D(a)(1) of title 38, United States Code.
(2) The term ``appropriate committees of Congress'' means--
(A) the Committees on Veterans' Affairs of the House
of Representatives and the Senate; and
(B) the Committees on Armed Services of the House of
Representatives and the Senate.
SEC. 539. <<NOTE: 10 USC 7461 note.>> POLICY FOR MILITARY SERVICE
ACADEMIES ON SEPARATION OF ALLEGED VICTIMS
AND ALLEGED PERPETRATORS IN INCIDENTS OF
SEXUAL ASSAULT.
(a) <<NOTE: Consultation. Regulations.>> In General.--The Secretary
of Defense shall, in consultation with the Secretaries of the military
departments and the Superintendent of each military service academy,
prescribe in regulations a policy under which a cadet or midshipman of a
military service academy who is the alleged victim of a sexual assault
and a cadet or midshipman who is the alleged perpetrator of such assault
shall, to the extent practicable, each be given the opportunity to
complete their course of study at the academy without--
(1) taking classes together; or
[[Page 134 STAT. 3607]]
(2) otherwise being in close proximity to each other during
mandatory activities.
(b) Elements.--The Secretary of Defense shall ensure that the policy
developed under subsection (a)--
(1) permits an alleged victim to elect not to be covered by
the policy with respect to a particular incident of sexual
assault;
(2) protects the alleged victim as necessary, including by
prohibiting retaliatory harassment;
(3) minimizes the prejudicial impact of the policy, to the
extent practicable, on both the alleged victim and the alleged
perpetrator, and allows the alleged victim and the alleged
perpetrator to complete their course of study at the institution
with minimal disruption;
(4) protects the privacy of both the alleged victim and the
alleged perpetrator by ensuring that information about the
alleged sexual assault and the individuals involved is not
revealed to third parties who are not specifically authorized to
receive such information in the course of performing their
regular duties, except that such policy shall not preclude the
alleged victim or the alleged perpetrator from making such
disclosures to third parties; and
(5) minimizes the burden on the alleged victim when taking
steps to separate the alleged victim and alleged perpetrator.
(c) Special Rule.--The policy developed under subsection (a) shall
not preclude a military service academy from taking other administrative
or disciplinary action when appropriate.
(d) Military Service Academy Defined.--In this section, 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. 539A. <<NOTE: 10 USC 1561 note.>> SAFE-TO-REPORT POLICY
APPLICABLE ACROSS THE ARMED FORCES.
(a) <<NOTE: Consultation. Regulations. Applicability.>> In
General.--The Secretary of Defense shall, in consultation with the
Secretaries of the military departments, prescribe in regulations a
safe-to-report policy described in subsection (b) that applies with
respect to all members of the Armed Forces (including members of the
reserve components of the Armed Forces) and cadets and midshipmen at the
military service academies.
(b) Safe-to-report Policy.--The safe-to-report policy described in
this subsection is a policy that prescribes the handling of minor
collateral misconduct involving a member of the Armed Forces who is the
alleged victim of sexual assault.
(c) Aggravating Circumstances.--The regulations under subsection (a)
shall specify aggravating circumstances that increase the gravity of
minor collateral misconduct or its impact on good order and discipline
for purposes of the safe-to-report policy.
(d) Tracking of Collateral Misconduct Incidents.--In conjunction
with the issuance of regulations under subsection (a), Secretary shall
develop and implement a process to track incidents of minor collateral
misconduct that are subject to the safe-to-report policy.
(e) Definitions.--In this section:
[[Page 134 STAT. 3608]]
(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. 539B. <<NOTE: 10 USC 1561 note.>> 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) <<NOTE: Criteria.>> Criteria for assessing
progress toward the achievement of the goals,
objectives, and milestones referred to in subparagraph
(A).
(D) <<NOTE: Criteria.>> 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 of the Secretary of Defense 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
[[Page 134 STAT. 3609]]
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
(a), and the oversight framework developed and implemented pursuant to
subsection (b).
SEC. 539C. REPORTS ON STATUS OF INVESTIGATIONS OF ALLEGED SEX-
RELATED OFFENSES.
(a) <<NOTE: Time period.>> Reports Required.--Not later than 1 year
after the date of the enactment of this Act, and annually thereafter
through December 31, 2025, the Secretary of each military department
shall submit to the congressional defense committees a report on the
status of investigations into alleged sex-related offenses.
(b) Elements.--Each report under subsection (a) shall include, with
respect to investigations into alleged sex-related offenses carried out
by military criminal investigative organizations under the jurisdiction
of the Secretary concerned during the preceding year, the following:
(1) The total number of investigations.
(2) For each investigation--
(A) the date the investigation was initiated; and
(B) an explanation of whether the investigation is
in-progress or complete as of the date of the report
and, if complete, the date on which the investigation
was completed.
(3) The total number of investigations that are complete as
of the date of the report.
(4) The total number of investigations that are in-progress
as of the date of the report.
(5) <<NOTE: Time period.>> For investigations lasting
longer than 180 days, a general explanation of the primary
reasons for the extended duration of such investigations.
(c) Definitions.--In this section:
(1) The term ``alleged sex-related offense'' has the meaning
given that term in section 1044(e)(h) of title 10, United States
Code.
(2) The term ``complete'' when used with respect to an
investigation of an alleged sex-related offense, means the
active phase of the investigation is sufficiently complete to
enable the appropriate authority to reach a decision with
respect to the disposition of charges for the offense.
SEC. 539D. REPORT ON ABILITY OF SEXUAL ASSAULT RESPONSE
COORDINATORS AND SEXUAL ASSAULT
PREVENTION AND RESPONSE VICTIM ADVOCATES
TO PERFORM DUTIES.
(a) Survey.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Assessments.>> 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
[[Page 134 STAT. 3610]]
(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. 539E. BRIEFING ON SPECIAL VICTIMS' COUNSEL PROGRAM.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Assessment. Compliance.>> 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) <<NOTE: Estimate.>> 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) <<NOTE: Assessment.>> An assessment of the feasibility
of providing cross-service Special Victims' Counsel
representation in instances
[[Page 134 STAT. 3611]]
where a Special Victims' Counsel from a different Armed Force is
co-located with a victim at a remote base.
SEC. 539F. BRIEFING ON PLACEMENT OF MEMBERS OF THE ARMED FORCES IN
ACADEMIC STATUS WHO ARE VICTIMS OF
SEXUAL ASSAULT ONTO NON-RATED PERIODS.
<<NOTE: Deadline.>> Not later than 270 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.
Subtitle E--Military Justice and Other Legal Matters
SEC. 541. 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. 542. QUALIFICATIONS OF JUDGES AND STANDARD OF REVIEW FOR
COURTS OF CRIMINAL APPEALS.
(a) Qualifications of Certain Judges.--Section 866(a) of title 10,
United States Code (article 66(a) of the Uniform Code of Military
Justice), is amended--
(1) by striking ``Each Judge'' and inserting:
``(1) In general.--Each Judge''; and
(2) by adding at the end the following new paragraph:
``(2) Additional qualifications.--In addition to any other
qualifications specified in paragraph (1), any commissioned
officer or civilian assigned as an appellate military judge to a
Court of Criminal Appeals shall have not fewer than 12 years of
experience in the practice of law before such assignment.''.
(b) Standard of Review.--Paragraph (1) of section 866(d) of title
10, United States Code (article 66(d) of the Uniform Code of Military
Justice), is amended to read as follows:
``(1) Cases appealed by accused.--
``(A) In general.--In any case before the Court of
Criminal Appeals under subsection (b), the Court may act
only with respect to the findings and sentence as
entered into the record under section 860c of this title
(article 60c). The Court may affirm only such findings
of guilty
[[Page 134 STAT. 3612]]
as the Court finds correct in law, and in fact in
accordance with subparagraph
(B). <<NOTE: Determination.>> The Court may affirm only
the sentence, or such part or amount of the sentence, as
the Court finds correct in law and fact and determines,
on the basis of the entire record, should be approved.
``(B) Factual sufficiency review.--(i) In an appeal
of a finding of guilty under subsection (b), the Court
may consider whether the finding is correct in fact upon
request of the accused if the accused makes a specific
showing of a deficiency in proof.
``(ii) <<NOTE: Determination.>> After an accused
has made such a showing, the Court may weigh the
evidence and determine controverted questions of fact
subject to--
``(I) appropriate deference to the fact that
the trial court saw and heard the witnesses and
other evidence; and
``(II) appropriate deference to findings of
fact entered into the record by the military
judge.
``(iii) If, as a result of the review conducted
under clause (ii), the Court is clearly convinced that
the finding of guilty was against the weight of the
evidence, the Court may dismiss, set aside, or modify
the finding, or affirm a lesser finding.''.
(c) Review by United States Court of Appeals for the Armed Forces of
Factual Sufficiency Rulings.--Section 867(c)(1) of title 10, United
States Code (article 67(c)(1) of the Uniform Code of Military Justice),
is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) the findings set forth in the entry of judgment, as
affirmed, dismissed, set aside, or modfied by the Court of
Criminal Appeals as incorrect in fact under section 866(d)(1)(B)
of this title (article 66(d)(1)(B)).''.
(d) Inclusion of Additional Information in Annual Reports.--Section
946a(b)(2) of title 10, United States Code (article 146a(b)(2) of the
Uniform Code of Military Justice), is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) <<NOTE: Analysis.>> an analysis of each case
in which a Court of Criminal Appeals made a final
determination that a finding of a court-martial was
clearly against the weight of the evidence, including an
explanation of the standard of appellate review applied
in such case.''.
(e) <<NOTE: 10 USC 866 note.>> Effective Dates and Applicability.--
(1) Qualifications of certain judges.--The amendments made
by subsection (a) shall take effect on the date of the enactment
of this Act, and shall apply with respect to the assignment of
appellate military judges on or after that date.
(2) Review amendments.--The amendments made by subsections
(b) and (c) shall take effect on the date of the enactment of
this Act, and shall apply with respect to any case in which
every finding of guilty entered into the record under section
860c of title 10, United States Code (article 60c of the Uniform
[[Page 134 STAT. 3613]]
Code of Military Justice), is for an offense that occurred on or
after that date.
SEC. 543. PRESERVATION OF COURT-MARTIAL RECORDS.
Section 940a of title 10, United States Code (article 140a of the
Uniform Code of Military Justice), is amended by adding at the end the
following new subsection:
``(d) <<NOTE: Time period.>> Preservation of Court-Martial Records
Without Regard to Outcome.--The standards and criteria prescribed by the
Secretary of Defense under subsection (a) shall provide for the
preservation of general and special court-martial records, without
regard to the outcome of the proceeding concerned, for not fewer than 15
years.''.
SEC. 544. AVAILABILITY OF RECORDS FOR NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM.
Section 101(b) of the NICS Improvement Amendments Act of 2007 (34
U.S.C. 40911(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Department of defense.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 3 business days after the final disposition of a
judicial proceeding conducted within the Department of
Defense, the Secretary of Defense shall make available
to the Attorney General records which are relevant to a
determination of whether a member of the Armed Forces
involved in such proceeding is disqualified from
possessing or receiving a firearm under subsection (g)
or (n) of section 922 of title 18, United States Code,
for use in background checks performed by the National
Instant Criminal Background Check System.
``(B) Judicial proceeding defined.--In this
paragraph, the term `judicial proceeding' means a
hearing--
``(i) of which the person received actual
notice; and
``(ii) at which the person had an opportunity
to participate with counsel.''.
SEC. 545. <<NOTE: 10 USC 1552 note.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3614]]
in paragraph (2), in any system of records, records database,
records center, or repository maintained by or on behalf of the
Department.
(b) <<NOTE: Definition.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Determination.>> 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
[[Page 134 STAT. 3615]]
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) <<NOTE: Timeline.>> 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) <<NOTE: Notification.>> 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. 546. BRIEFING ON MENTAL HEALTH SUPPORT FOR VICARIOUS TRAUMA
FOR CERTAIN PERSONNEL IN THE MILITARY
JUSTICE SYSTEM.
(a) <<NOTE: Deadline.>> 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) Court-martial convening authorities who are members of
the Armed Forces.
(2) Trial counsel.
(3) Defense counsel.
(4) Military judges.
(5) Special Victims' Counsel.
(6) Military investigative personnel.
(c) <<NOTE: Assessments.>> Elements.--The briefing required by
subsection (a) shall include the following:
[[Page 134 STAT. 3616]]
(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. 547. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
IMPLEMENTATION BY THE ARMED FORCES OF
RECENT GAO RECOMMENDATIONS AND STATUTORY
REQUIREMENTS ON ASSESSMENT OF RACIAL,
ETHNIC, AND GENDER DISPARITIES IN THE
MILITARY JUSTICE SYSTEM.
(a) <<NOTE: Study.>> 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; 133
Stat. 1369; 10 U.S.C. 810 note), 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.
[[Page 134 STAT. 3617]]
(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) <<NOTE: Deadline. Recommenda- tions.>> 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. 548. LEGAL ASSISTANCE FOR VETERANS AND SURVIVING SPOUSES AND
DEPENDENTS.
(a) Availability of Legal Assistance at Facilities of Department of
Veterans Affairs.--
(1) In general.--Chapter 59 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 5906. <<NOTE: 38 USC 5906.>> Availability of legal
assistance at Department facilities
``(a) <<NOTE: Time period.>> In General.--Not less frequently than
three times each year, the Secretary shall facilitate the provision by a
qualified legal assistance clinic of pro bono legal assistance described
in subsection (c) to eligible individuals at not fewer than one medical
center of the Department of Veterans Affairs, or such other facility of
the Department as the Secretary considers appropriate, in each State.
``(b) Eligible Individuals.--For purposes of this section, an
eligible individual is--
``(1) any veteran;
``(2) any surviving spouse; or
``(3) any child of a veteran who has died.
``(c) Pro Bono Legal Assistance Described.--The pro bono legal
assistance described in this subsection is the following:
``(1) Legal assistance with any program administered by the
Secretary.
``(2) Legal assistance associated with--
``(A) improving the status of a military discharge
or characterization of service in the Armed Forces,
including through a discharge review board; or
``(B) seeking a review of a military record before a
board of correction for military or naval records.
``(3) Such other legal assistance as the Secretary--
``(A) considers appropriate; and
``(B) determines may be needed by eligible
individuals.
``(d) Limitation on Use of Facilities.--Space in a medical center or
facility designated under subsection (a) shall be reserved for and may
only be used by the following, subject to review and removal from
participation by the Secretary:
``(1) A veterans service organization or other nonprofit
organization.
``(2) A legal assistance clinic associated with an
accredited law school.
``(3) A legal services organization.
``(4) A bar association.
[[Page 134 STAT. 3618]]
``(5) Such other attorneys and entities as the Secretary
considers appropriate.
``(e) Legal Assistance in Rural Areas.--In carrying out this
section, the Secretary shall ensure that pro bono legal assistance is
provided under subsection (a) in rural areas.
``(f) Definition of Veterans Service Organization.--In this section,
the term `veterans service organization' means any organization
recognized by the Secretary for the representation of veterans under
section 5902 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 59 of such title <<NOTE: 38 USC 5901
prec.>> is amended by adding at the end the following new item:
``5906. Availability of legal assistance at Department facilities.''.
(b) <<NOTE: 38 USC 5906 note.>> Pilot Program to Establish and
Support Legal Assistance Clinics.--
(1) Pilot program required.--
(A) <<NOTE: Deadline. Assessment.>> In general.--
Not later than one year after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall
establish a pilot program to assess the feasibility and
advisability of awarding grants to eligible entities to
establish new legal assistance clinics, or enhance
existing legal assistance clinics or other pro bono
efforts, for the provision of pro bono legal assistance
described in subsection (c) of section 5906 of title 38,
United States Code, as added by subsection (a), on a
year-round basis to individuals who served in the Armed
Forces, including individuals who served in a reserve
component of the Armed Forces, and who were discharged
or released therefrom, regardless of the conditions of
such discharge or release, at locations other than
medical centers and facilities described in subsection
(a) of such section.
(B) Rule of construction.--Nothing in subparagraph
(A) shall be construed to limit or affect--
(i) the provision of pro bono legal assistance
to eligible individuals at medical centers and
facilities of the Department of Veterans Affairs
under section 5906(a) of title 38, United States
Code, as added by subsection (a); or
(ii) any other legal assistance provided pro
bono at medical centers or facilities of the
Department as of the date of the enactment of this
Act.
(2) Eligible entities.--For purposes of the pilot program,
an eligible entity is--
(A) a veterans service organization or other
nonprofit organization specifically focused on assisting
veterans;
(B) an entity specifically focused on assisting
veterans and associated with an accredited law school;
(C) a legal services organization or bar
association; or
(D) such other type of entity as the Secretary
considers appropriate for purposes of the pilot program.
(3) <<NOTE: Grants. Determination.>> Locations.--The
Secretary shall ensure that at least one grant is awarded under
paragraph (1)(A) to at least one eligible entity in each State,
if the Secretary determines that there is such an entity in a
State that has applied for, and meets requirements for the award
of, such a grant.
[[Page 134 STAT. 3619]]
(4) Duration.--The Secretary shall carry out the pilot
program during the five-year period beginning on the date on
which the Secretary establishes the pilot program.
(5) Application.--An eligible entity seeking a grant under
the pilot program shall submit to the Secretary an application
therefore at such time, in such manner, and containing such
information as the Secretary may require.
(6) Selection.--The Secretary shall select eligible entities
who submit applications under paragraph (5) for the award of
grants under the pilot program using a competitive process that
takes into account the following:
(A) Capacity of the applicant entity to serve
veterans and ability of the entity to provide sound
legal advice.
(B) Demonstrated need of the veteran population the
applicant entity would serve.
(C) Demonstrated need of the applicant entity for
assistance from the grants.
(D) Geographic diversity of applicant entities.
(E) Such other criteria as the Secretary considers
appropriate.
(7) <<NOTE: Criteria.>> Grantee reports.--Each recipient of
a grant under the pilot program shall, in accordance with such
criteria as the Secretary may establish, submit to the Secretary
a report on the activities of the recipient and how the grant
amounts were used.
(c) Review of Pro Bono Eligibility of Federal Workers.--
(1) <<NOTE: Consultation.>> In general.--The Secretary of
Veterans Affairs shall, in consultation with the Attorney
General and the Director of the Office of Government Ethics,
conduct a review of the rules and regulations governing the
circumstances under which attorneys employed by the Federal
Government can provide pro bono legal assistance.
(2) Recommendations.--In conducting the review required by
paragraph (1), the Secretary shall develop recommendations for
such legislative or administrative action as the Secretary
considers appropriate to facilitate greater participation by
Federal employees in pro bono legal and other volunteer services
for veterans.
(3) <<NOTE: Deadlines.>> Submittal to congress.--Not later
than one year after the date of the enactment of this Act, the
Secretary shall submit to the appropriate committees of
Congress--
(A) the findings of the Secretary with respect to
the review conducted under paragraph (1); and
(B) <<NOTE: Recommenda- tions.>> the
recommendations developed by the Secretary under
paragraph (2).
(d) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to the appropriate committees of
Congress a report on the status of the implementation of this section.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs and the
Committee on Appropriations of the Senate; and
(B) the Committee on Veterans' Affairs and the
Committee on Appropriations of the House of
Representatives.
[[Page 134 STAT. 3620]]
(2) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by the
Secretary for the representation of veterans under section 5902
of title 38, United States Code.
SEC. 549. CLARIFICATION OF TERMINATION OF LEASES OF PREMISES AND
MOTOR VEHICLES OF SERVICEMEMBERS WHO INCUR
CATASTROPHIC INJURY OR ILLNESS OR DIE
WHILE IN MILITARY SERVICE.
(a) Catastrophic Injuries and Illnesses.--Paragraph (4) of section
305(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3955(a)) is
amended to read as follows:
``(4) Catastrophic injury or illness of lessee.--
``(A) <<NOTE: Time period.>> Termination.--If the
lessee on a lease described in subsection (b) incurs a
catastrophic injury or illness during a period of
military service or while performing covered service,
during the one-year period beginning on the date on
which the lessee incurs such injury or illness--
``(i) the lessee may terminate the lease; or
``(ii) in the case of a lessee who lacks the
mental capacity to contract or to manage his or
her own affairs (including disbursement of funds
without limitation) due to such injury or illness,
the spouse or dependent of the lessee may
terminate the lease.
``(B) Definitions.--In this paragraph:
``(i) The term `catastrophic injury or
illness' has the meaning given that term in
section 439(g) of title 37, United States Code.
``(ii) The term `covered service' means full-
time National Guard duty, active Guard and Reserve
duty, or inactive-duty training (as such terms are
defined in section 101(d) of title 10, United
States Code).''.
(b) Deaths.--Paragraph (3) of such section is amended by striking
``The spouse of the lessee'' and inserting ``The spouse or dependent of
the lessee''.
SEC. 549A. <<NOTE: 10 USC 1561 note prec.>> MULTIDISCIPLINARY
BOARD TO EVALUATE SUICIDE EVENTS.
(a) Guidance Required.--The Secretary of Defense shall issue
guidance that requires each suicide event involving of a member of a
covered Armed Force to be reviewed by a multidisciplinary board
established at the command or installation level, or by the Chief of the
covered Armed Force. Such guidance shall require that, for each suicide
event reviewed by such a board, the board shall--
(1) clearly define the objective, purpose, and outcome of
the review;
(2) take a multidisciplinary approach to the review and
include, as part of the review process, leaders of military
units, medical and mental health professionals, and
representatives of military criminal investigative
organizations; and
(3) take appropriate steps to protect and share information
obtained from ongoing investigations into the event (such as
medical and law enforcement reports).
(b) <<NOTE: Deadline.>> Implementation by Covered Armed Forces.--
Not later than 90 days after the date on which the guidance is issued
under subsection (a), the Chiefs of the covered Armed Forces shall
implement the guidance.
[[Page 134 STAT. 3621]]
(c) Progress Report.--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 progress of the
Secretary in implementing the guidance required under subsection (a).
(d) Covered Armed Forces Defined.--In this section, the term
``covered Armed Forces'' means the Army, Navy, Air Force, Marine Corps,
and Space Force.
SEC. 549B. <<NOTE: 10 USC 1787 note.>> IMPROVEMENTS TO DEPARTMENT
OF DEFENSE TRACKING OF AND RESPONSE TO
INCIDENTS OF CHILD ABUSE, ADULT CRIMES
AGAINST CHILDREN, AND SERIOUS HARMFUL
BEHAVIOR BETWEEN CHILDREN AND YOUTH
INVOLVING MILITARY DEPENDENTS ON
MILITARY INSTALLATIONS.
(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 serious harm to children involving dependents of
members of the Armed Forces that occur on military installations
(in this section referred to as ``covered incidents of serious
harm to children'').
(2) Serious harm to children defined.--In this section, the
term ``serious harm to children'' includes the following:
(A) Caregiver child abuse involving physical abuse,
sexual abuse, emotional abuse, or neglect.
(B) Non-caregiver adult crimes against children.
(C) Serious harmful behaviors between children and
youth of a physical, sexual, or emotional nature.
(b) Data Collection and Tracking of Incidents of Harm to Children.--
(1) Non-caregiver adult crimes against children.--The
Secretary of Defense shall establish a process for the
Department of Defense to track reported covered incidents of
serious harm to children described in subsection (a)(2)(B) in
which the alleged offender is an adult who 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 in reported covered
incidents of serious harm to children in which the alleged
offender is a parent, guardian, or someone in a caregiving role
at the time of the incident.
(2) Serious harmful behaviors between children and youth.--
(A) <<NOTE: Database. Determination.>> In
general.--The Secretary of Defense shall develop and
maintain in the Department of Defense a centralized
database to track incidents of serious harmful behaviors
between children and youth described in subsection
(a)(2)(C), including information across the Department
on problematic sexual behavior in children and youth
that are reported to an appropriate office, as
determined by the Secretary, or investigated by a
military criminal investigative organization, regardless
of whether the
[[Page 134 STAT. 3622]]
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 Department on whether such incident meets
the definition of an incident of serious harmful
behavior between children and youth.
(ii) The results of any investigation of such
incident by a military criminal investigative
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
required by this paragraph shall be reported on an
annual basis as part of the annual reports by the
Secretary 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) <<NOTE: Deadline. Time period.>> 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 reporting guidance.--The Secretary
of Defense shall issue guidance regarding which incidents of
serious harmful behavior between children and youth require
reporting to the Family Advocacy Program, a military criminal
investigative organization, or another component of the
Department of Defense designated by the Secretary.
(c) Response Procedures for Incidents of Serious Harm to Children
Reported to Family Advocacy Programs.--
(1) Incident determination committee membership.--The
Secretary of Defense shall ensure that the voting membership of
each Incident Determination Committee, as defined in paragraph
(7), on a military installation includes medical personnel with
the knowledge and expertise required to determine whether a
reported incident of serious harm to a child meets the criteria
of the Department of Defense for treatment as child abuse.
(2) Screening reported incidents of serious harm to
children.--
(A) <<NOTE: Determination.>> Development of
standardized process.--The Secretary of Defense shall
develop a standardized process by which the Family
Advocacy Programs of the military departments screen
reported covered incidents of serious harm to children
to determine whether to present such incident to an
Incident Determination Committee.
(B) <<NOTE: Compliance.>> Monitoring.--The
Secretary of each military department shall develop a
process to monitor the manner in which reported
incidents of serious harm to children are screened by
each installation under the jurisdiction of such
Secretary in order to ensure that such screening
[[Page 134 STAT. 3623]]
complies with the standardized screening process
developed pursuant to subparagraph (A).
(3) Required notifications.--
(A) Documentation.--The Secretary of each military
department shall require that installation Family
Advocacy Programs and military criminal investigative
organizations under the jurisdiction of such Secretary
document in their respective databases the date on which
they notified the other of a reported incident of
serious harm to a child.
(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 investigative
organizations of such military department, 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 Secretary
of Defense 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 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 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 victims of serious harm to
children.--
(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 the jurisdiction of such Secretary who
are victims of serious harm to children.
(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
investigative organizations of the military
department concerned.
(ii) <<NOTE: Lists.>> Lists of available
support services, such as legal, medical, and
victim advocacy services, through the Department
of Defense and the military department concerned.
[[Page 134 STAT. 3624]]
(C) Distribution.--A resource guide under this
paragraph shall be presented to a military family by an
installation Family Advocacy Program and military
criminal investigative personnel when a covered incident
of serious harm to a child 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.
(7) Incident determination committee defined.--In this
subsection, the term ``Incident Determination Committee'' means
a committee established at a military installation that is
responsible for reviewing reported incidents of child abuse and
determining whether such incidents constitute serious harm to
children according to the applicable criteria of the Department
of Defense.
(d) Coordination and Collaboration With Non-military Resources.--
(1) Consultation with states.--The Secretary of Defense
shall--
(A) <<NOTE: Notification.>> 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 serious harm to a child off a
military installation; and
(B) <<NOTE: Memorandums.>> increase efforts at
information sharing between the Department and the
States on such incidents of serious harm to children,
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, or similar organization, 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 investigative
organizations of the military department concerned in
activities under such memorandum of understanding.
(C) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3625]]
local children's advocacy center with respect to serious
harm to children on such installations.
SEC. 549C. INDEPENDENT ANALYSIS AND RECOMMENDATIONS ON DOMESTIC
VIOLENCE IN THE ARMED FORCES.
(a) Analysis and Recommendations.--
(1) <<NOTE: Contracts.>> In general.--The Secretary of
Defense shall seek to enter into a contract or other agreement
with an appropriate entity in the private sector (including a
Federally funded research and development center) for the
conduct of an analysis and the development of recommendations on
means to improve the effectiveness of the covered Armed Forces
in responding to and preventing domestic violence.
(2) Expertise.--The entity with which the Secretary enters
into a contract or agreement pursuant to this section shall have
expertise in--
(A) scientific and other research relating to
domestic violence; and
(B) science-based strategies for the prevention,
intervention, and response to domestic violence.
(b) Scope of Analysis and Recommendations.--Under the contract or
agreement entered into pursuant to subsection (a), the entity concerned
shall analyze and develop recommendations for the Secretary with respect
to each of the following:
(1) The risk of domestic violence at various stages of
military service, including identification of--
(A) stages at which there is a higher than average
risk of domestic violence; and
(B) stages at which the implementation of domestic
violence prevention strategies may have the greatest
preventive effect.
(2) The use and dissemination of domestic violence
prevention resources throughout the stages of military service,
including providing new members with training in domestic
violence prevention.
(3) Best practices for the targeting of domestic violence
prevention resources toward those with a higher risk of domestic
violence.
(4) <<NOTE: Strategies.>> Strategies to prevent domestic
violence by training, educating, and assigning prevention-
related responsibilities to--
(A) commanders;
(B) medical, behavioral, and mental health service
providers;
(C) family advocacy program representatives;
(D) Military Family Life Consultants; and
(E) other individuals and entities with
responsibilities that may be relevant to addressing
domestic violence.
(5) The efficacy of providing survivors of domestic violence
with the option to request expedited transfers, and the effects
of such transfers.
(6) <<NOTE: Procedures.>> Improvements to procedures for
reporting appropriate legal actions to the National Crime
Information Center, and the efficacy of such procedures.
(7) The effects of domestic violence on--
(A) housing for military families;
(B) the education of military dependent children;
[[Page 134 STAT. 3626]]
(C) member work assignments and careers; and
(D) the health of members and their families,
including short-term and long-term health effects and
effects on mental health.
(8) Age-appropriate training and education programs for
students attending schools operated by the Department of Defense
Education Activity that are designed to assist such students in
learning positive relationship behaviors in families and with
intimate partners.
(9) The potential effects of requiring military protective
orders to be issued by a military judge, including whether such
a requirement would increase the enforcement of military
protective orders by civilian law enforcement agencies outside
the boundaries of military installations.
(10) Whether prevention of domestic violence would be
enhanced by raising the disposition authority for offenses of
domestic violence to an officer who is--
(A) in grade 0-6 or above;
(B) in the chain of command of the accused; and
(C) authorized by chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), to
convene special courts martial.
(11) Means of improving access to resources for survivors of
domestic violence throughout the stages of military service.
(12) Any other matters the Secretary specifies in the
contract or agreement with respect to--
(A) decreasing the frequency of domestic violence
committed by or upon members of the covered Armed Forces
and their dependents; and
(B) reducing the severity of such violence.
(c) Access to Information and Facilities.--The Secretary shall
provide the entity with which the Secretary contracts or enters into an
agreement pursuant to subsection (a) such access to information and
facilities of the Department of Defense as the Secretary and the entity
jointly consider appropriate for the analysis and development of
recommendations required by the contract.
(d) Report to Secretary of Defense.--
(1) In general.--The contract or agreement pursuant to
subsection (a) shall require the entity with which the Secretary
contracts or enters into agreement to submit to the Secretary a
report on the analysis conducted and recommendations developed
by the entity under the contract or agreement by not later than
one year after the date of entry into the contract or agreement.
(2) Elements.--The report required pursuant to paragraph (1)
shall include the following:
(A) A comprehensive description of the analysis
conducted by the entity concerned under the contract or
agreement.
(B) <<NOTE: List.>> A list of the recommendations
developed by the entity, including, for each such
recommendation, a justification for such recommendation.
(C) Such other matters as the Secretary shall
specify in the contract or agreement.
(e) Report to Congress.--
(1) In general.--Not later than 180 days after receipt of
the report required pursuant to subsection (d), the Secretary
[[Page 134 STAT. 3627]]
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on means to improve
the effectiveness of the covered Armed Forces in responding to
and preventing domestic violence.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The report received by the Secretary pursuant to
subsection (d).
(B) For each recommendation included in the report
pursuant to subsection (d) by reason of paragraph (2)(B)
of that subsection--
(i) <<NOTE: Assessment.>> an assessment by
the Secretary of the feasibility and advisability
of implementing such recommendation; and
(ii) if the Secretary considers the
implementation of such recommendation feasible and
advisable, a description of the actions taken, or
to be taken, to implement such recommendation.
(C) Such other matters relating to the improvement
of the effectiveness of the covered Armed Forces in
responding to and preventing domestic violence as the
Secretary considers appropriate in light of the report
pursuant to subsection (d).
(f) Funding.--Of the amount authorized to be appropriated for fiscal
year 2021 for the Department of Defense by section 301 and available for
operation and maintenance, Defense wide, as specified in the funding
table in section 4301, $1,000,000 shall be available for contract or
agreement entered into pursuant to subsection (a).
(g) Covered Armed Forces Defined.--In this section, the term
``covered Armed Forces'' means the Army, the Navy, the Air Force, and
the Marine Corps.
Subtitle F--Diversity and Inclusion
SEC. 551. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS AND
RELATED MATTERS.
(a) Standard Diversity and Inclusion Metrics and Annual Report
Requirements.--
(1) In general.--Section 113 of title 10, United States
Code, is amended--
(A) in subsection (c)--
(i) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(ii) by inserting after paragraph (1) the
following new paragraph (2):
``(2) a report from each military department on the status
of diversity and inclusion in such department;'';
(B) in subsection (g)(1)(B), by inserting after
clause (vi), the following new clause (vii):
``(vii) Strategic goals related to diversity and inclusion
in the armed forces, and an assessment of measures of
performance related to the efforts of the armed forces to
reflect the diverse population of the United States eligible to
serve in the armed forces.'';
[[Page 134 STAT. 3628]]
(C) by redesignating subsections (m) and (n) as
subsections (n) and (o), respectively; and
(D) by inserting after subsection (k) the following
new subsections (l) and (m):
``(l) <<NOTE: Coordination.>> (1) The Secretary of Defense, in
coordination with the Secretary of the Department in which the Coast
Guard is operating, shall establish metrics to measure--
``(A) efforts to reflect across all grades comprising the
officer and enlisted corps of each armed force the diverse
population of the United States eligible to serve in the armed
forces; and
``(B) the efforts of the armed forces to generate and
maintain a ready military force that will prevail in war,
prevent and deter conflict, defeat adversaries, and succeed in a
wide range of contingencies.
``(2) In implementing the requirement in paragraph (1), the
Secretary of Defense, in coordination with the Secretary of the
Department in which the Coast Guard is operating, shall--
``(A) <<NOTE: Data.>> ensure that data elements, data
collection methodologies, and reporting processes and structures
pertinent to each metric established pursuant to that paragraph
are comparable across the armed forces, to the extent
practicable;
``(B) establish standard classifications that members of the
armed forces may use to self-identify their gender, race, or
ethnicity, which classifications shall be consistent with Office
of Management and Budget Number Directive 15, entitled `Race and
Ethnic Standards for Federal Statistics and Administrative
Reporting', or any successor directive;
``(C) define conscious and unconscious bias with respect to
matters of diversity and inclusion, and provide guidance to
eliminate such bias;
``(D) <<NOTE: Analysis. Reviews.>> conduct a barrier
analysis to review demographic diversity patterns across the
military life cycle, starting with enlistment or accession into
the armed forces, in order to--
``(i) identify barriers to increasing diversity;
``(ii) <<NOTE: Plans.>> develop and implement plans
and processes to resolve or eliminate any barriers to
diversity; and
``(iii) review the progress of the armed forces in
implementing previous plans and processes to resolve or
eliminate barriers to diversity;
``(E) <<NOTE: Plans.>> develop and implement plans and
processes to ensure that advertising and marketing to promote
enlistment or accession into the armed forces is representative
of the diverse population of the United States eligible to serve
in the armed forces; and
``(F) <<NOTE: Time period. Assessment. Recommenda- tions.>>
meet annually with the Secretaries of the military departments,
the Chairman of the Joint Chiefs of Staff, and the Chiefs of
Staff of the Armed Forces to assess progress toward diversity
and inclusion across the armed forces and to elicit
recommendations and advice for enhancing diversity and inclusion
in the armed forces
``(m) <<NOTE: Coordination. Reports.>> Accompanying each national
defense strategy provided to the congressional defense committees in
accordance with subsection (g)(1)(D), the Secretary of Defense, in
coordination with the Secretary of the Department in which the Coast
Guard is operating, shall provide a report that sets forth a detailed
discussion, current as of the preceding fiscal year, of the following:
[[Page 134 STAT. 3629]]
``(1) The number of officers and enlisted members of the
armed forces, including the reserve components, disaggregated by
gender, race, and ethnicity, for each grade in each armed force.
``(2) The number of members of the armed forces, including
the reserve components, who were promoted during the fiscal year
covered by such report, disaggregated by gender, race, and
ethnicity, for each grade in each armed force, and of the number
so promoted, the number promoted below, in, and above the
applicable promotion zone.
``(3) The number of members of the armed forces, including
the reserve components, who were enlisted or accessed into the
armed forces during the fiscal year covered by such report,
disaggregated by gender, race, and ethnicity, in each armed
force.
``(4) The number of graduates of each military service
academy during the fiscal year covered by such report,
disaggregated by gender, race, and ethnicity, for each military
department and the United States Coast Guard.
``(5) The number of members of the armed forces, including
the reserve components, who reenlisted or otherwise extended a
commitment to military service during the fiscal year covered by
such report, disaggregated by gender, race, and ethnicity, for
each grade in each armed force.
``(6) <<NOTE: Assessment.>> An assessment of the pool of
officers best qualified for promotion to grades O-9 and O-10,
disaggregated by gender, race, and ethnicity, in each military
department and the United States Coast Guard.
``(7) Any other matter the Secretary considers
appropriate.''.
(2) <<NOTE: Deadline. Web posting. 10 USC 113 note.>>
Public availability of reports.--Not later than 72 hours after
submitting to the congressional defense committees a report
required by subsection (m) of section 113 of title 10, United
States Code (as amended by paragraph (1)), the Secretary of
Defense shall make the report available on an Internet website
of the Department of Defense available to the
public. <<NOTE: Data.>> In so making a report available, the
Secretary shall ensure that any data included in the report is
made available in a machine-readable format that is
downloadable, searchable, and sortable.
(3) <<NOTE: 10 USC 113 note.>> Construction of metrics.--
(A) With merit-based processes.--Any metric
established pursuant to subsection (l) of section 113 of
title 10, United States Code (as so amended), may not be
used in a manner that undermines the merit-based
processes of the Department of Defense and the Coast
Guard, including such processes for accession,
retention, and promotion.
(B) With other matters.--Any such metric may not be
used to identify or specify specific quotas based upon
diversity characteristics. The Secretary concerned shall
continue to account for diversified language and
cultural skills among the total force of the Armed
Forces.
(4) Repeal of superseded reporting requirement.--Section
115a of title 10, United States Code, is amended--
(A) by striking subsection (g); and
(B) by redesignating subsection (h) as subsection
(g).
[[Page 134 STAT. 3630]]
(b) Requirement to Consider All Best Qualified Officers for
Promotion to O-9 and O-10 Grades.--
(1) In general.--Section 601 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(e) Prior to making a recommendation to the Secretary of Defense
for the nomination of an officer for appointment to a position of
importance and responsibility under this section, which appointment
would result in the initial appointment of the officer concerned in the
grade of lieutenant general or general in the Army, Air Force, or Marine
Corps, vice admiral or admiral in the Navy, or the commensurate grades
in the Space Force, the Secretary concerned shall consider all officers
determined to be among the best qualified for such position.''.
(2) Coast guard.--Section 305(a) of title 14, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Prior to making a recommendation to the President for the
nomination of an officer for appointment to a position of importance and
responsibility under this section, which appointment would result in the
initial appointment of the officer concerned in the grade of vice
admiral, the Commandant shall consider all officers determined to be
among the best qualified for such position.''.
(c) <<NOTE: Recommenda- tions.>> 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 diversity and ensure
equal opportunity across all grades of the Armed Forces, the
Secretary of Defense shall submit to the Committees 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) <<NOTE: Timeline.>> 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) <<NOTE: Data.>> Any data used by the Defense
Board and in the development of its findings and
recommendations.
(E) <<NOTE: Assessment.>> 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.
(d) Defense Advisory Committee on Diversity and Inclusion in the
Armed Forces Matters.--
(1) Report.--At the same time the Secretary of Defense
submits the report required by subsection (c), the Secretary
shall also submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
[[Page 134 STAT. 3631]]
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) <<NOTE: Cost estimate.>> An estimate of the
annual operating costs and staff years of the Advisory
Committee.
(F) <<NOTE: Estimate.>> 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.
(3) <<NOTE: Time period.>> Notice and wait on
dissolution.--The Secretary may not dissolve the Defense
Advisory Committee on Diversity and Inclusion in the Armed
Forces until 60 days after the date on which the Secretary
submits to the committees of Congress specified in paragraph (1)
a notice on the dissolution of the Advisory Committee.
SEC.
552. <<NOTE: Determinations. Notifications. Deadlines. Assessme
nts.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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.--
[[Page 134 STAT. 3632]]
(1) United states military academy.--Section 7461(c) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(3)(A) The Secretary of Defense may postpone the conduct of an
assessment under this subsection if the Secretary determines that
conducting such assessment is not practicable due to a war or national
emergency declared by the President or Congress.
``(B) The Secretary of Defense shall ensure that an assessment
postponed under subparagraph (A) is conducted as soon as practicable
after the end of the period of war or national emergency concerned, or
earlier if the Secretary determines appropriate.
``(C) The Secretary of Defense shall notify Congress of a
determination under subparagraph (A) not later than 30 days after the
date on which the Secretary makes such determination.''.
(2) United states naval academy.--Section 8480(c) of such
title is amended by adding at the end the following new
paragraph:
``(3)(A) The Secretary of Defense may postpone the conduct of an
assessment under this subsection if the Secretary determines that
conducting such assessment is not practicable due to a war or national
emergency declared by the President or Congress.
``(B) The Secretary of Defense shall ensure that an assessment
postponed under subparagraph (A) is conducted as soon as practicable
after the end of the period of war or national emergency concerned, or
earlier if the Secretary determines appropriate.
``(C) The Secretary of Defense shall notify Congress of a
determination under subparagraph (A) not later than 30 days after the
date on which the Secretary makes such determination.''.
(3) United states air force academy.--Section 9461(c) of
such title is amended by adding at the end the following new
paragraph:
``(3)(A) The Secretary of Defense may postpone the conduct of an
assessment under this subsection if the Secretary determines that
conducting such assessment is not practicable due to a war or national
emergency declared by the President or Congress.
``(B) The Secretary of Defense shall ensure that an assessment
postponed under subparagraph (A) is conducted as soon as practicable
after the end of the period of war or national emergency concerned, or
earlier if the Secretary determines appropriate.
``(C) The Secretary of Defense shall notify Congress of a
determination under subparagraph (A) not later than 30 days after the
date on which the Secretary makes such determination.''.
(c) Department of Defense Civilian Employees.--Section 481a of title
10, United States Code, is amended by adding at the end the following
new subsection:
``(d) Postponement.--(1) The Secretary of Defense may postpone the
conduct of a survey under this section if the Secretary determines that
conducting such survey is not practicable due to a war or national
emergency declared by the President or Congress.
``(2) The Secretary shall ensure that a survey postponed under
paragraph (1) is conducted as soon as practicable after the end of the
period of war or national emergency concerned, or earlier if the
Secretary determines appropriate.
``(3) The Secretary shall notify Congress of a determination under
paragraph (1) not later than 30 days after the date on which the
Secretary makes such determination.''.
[[Page 134 STAT. 3633]]
SEC. 553. <<NOTE: 10 USC 480 note prec.>> QUESTIONS REGARDING
RACISM, ANTI-SEMITISM, AND SUPREMACISM IN
WORKPLACE SURVEYS ADMINISTERED BY THE
SECRETARY OF DEFENSE.
Section 593 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) <<NOTE: 133 Stat. 1415.>> is amended--
(1) by inserting ``(a) Questions Required.--'' before ``The
Secretary'';
(2) in paragraph (1), by inserting ``, racist, anti-Semitic,
or supremacist'' after ``extremist''; and
(3) by adding at the end the following new subsection:
``(b) <<NOTE: Deadline.>> Briefing.--Not later than March 1, 2021,
the Secretary shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing including--
``(1) the text of the questions included in surveys under
subsection (a); and
``(2) which surveys include such questions.''.
SEC. 554. <<NOTE: 10 USC 141 note.>> INSPECTOR GENERAL OVERSIGHT
OF DIVERSITY AND INCLUSION IN DEPARTMENT
OF DEFENSE; SUPREMACIST, EXTREMIST, OR
CRIMINAL GANG ACTIVITY IN THE ARMED
FORCES.
(a) Establishment of Additional Deputy Inspector General of the
Department of Defense.--
(1) <<NOTE: Deadline. Appointment.>> In general.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall appoint, in the Office of the
Inspector General of the Department of Defense, an additional
Deputy Inspector General who--
(A) shall be a member of the Senior Executive
Service of the Department; and
(B) shall report directly to and serve under the
authority, direction, and control of the Inspector
General.
(2) Duties.--Subject to the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.), the Deputy Inspector General
shall have the following duties:
(A) Conducting and supervising audits,
investigations, and evaluations of policies, programs,
systems, and processes of the Department--
(i) to determine the effect of such policies,
programs, systems, and processes regarding
personnel on diversity and inclusion in the
Department; and
(ii) to prevent and respond to supremacist,
extremist, and criminal gang activity of a member
of the Armed Forces, including the duties of the
Inspector General under subsection (b).
(B) Additional duties prescribed by the Secretary or
Inspector General.
(3) Coordination of efforts.--In carrying out the duties
under paragraph (2), the Deputy Inspector General shall
coordinate with, and receive the cooperation of the following:
(A) The Inspector General of the Army.
(B) The Inspector General of the Navy.
(C) The Inspector General of the Air Force.
(D) The other Deputy Inspectors General of the
Department.
(4) Reports.--
(A) One-time report.--Not later than 180 days after
the date of the enactment of this Act, the Inspector
General
[[Page 134 STAT. 3634]]
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report
describing, with respect to the Deputy Inspector General
appointed under this subsection:
(i) the duties and responsibilities to be
assigned to such Deputy Inspector General;
(ii) the organization, structure, staffing,
and funding of the office established to support
such Deputy Inspector General in the execution of
such duties and responsibilities;
(iii) challenges to the establishment of such
Deputy Inspector General and such office,
including any shortfalls in personnel and funding;
and
(iv) the date by which the Inspector General
expects such Deputy Inspector General and the
office will reach full operational capability.
(B) <<NOTE: Summary.>> Semiannual reports.--Not
later than 30 days after the end of the second and
fourth quarters of each fiscal year beginning in fiscal
year 2022, the Deputy Inspector General shall submit to
the Secretary and the Inspector General a report
including a summary of the activities of the Deputy
Inspector General during the two fiscal quarters
preceding the date of the report.
(C) <<NOTE: Recommenda- tions.>> Annual reports.--
The Deputy Inspector General shall submit, through the
Secretary and Inspector General, to the Committees on
Armed Services of the Senate and the House of
Representatives annual reports presenting findings and
recommendations regarding--
(i) the effects of policies, programs,
systems, and processes of the Department,
regarding personnel, on diversity and inclusion in
the Department; and
(ii) the effectiveness of such policies,
programs, systems, and processes in preventing and
responding to supremacist, extremist, and criminal
gang activity of a member of the Armed Forces.
(D) Occasional reports.--The Deputy Inspector
General shall, from time to time, submit to the
Secretary and the Inspector General additional reports
as the Secretary or Inspector General may direct.
(E) <<NOTE: Public information. Deadline.>> Online
publication.--The Deputy Inspector General shall publish
each report under this paragraph on a publicly
accessible website of the Department not later than 21
days after submitting such report to the Secretary,
Inspector General, or the Committees on Armed Services
of the Senate and the House of Representatives.
(b) Establishment of Standard Policies, Processes, Tracking
Mechanisms, and Reporting Requirements for Supremacist, Extremist, and
Criminal Gang Activity in Certain Armed Forces.--
(1) In general.--The Secretary of Defense shall establish
policies, processes, and mechanisms, standard across the covered
Armed Forces, that ensure that--
(A) all allegations (and related information) that a
member of a covered Armed Force has engaged in a
prohibited activity, are referred to the Inspector
General of the Department of Defense;
[[Page 134 STAT. 3635]]
(B) the Inspector General can document and track the
referral, for purposes of an investigation or inquiry of
an allegation described in paragraph (1), to--
(i) a military criminal investigative
organization;
(ii) an inspector general;
(iii) a military police or security police
organization;
(iv) a military commander;
(v) another organization or official of the
Department; or
(vi) a civilian law enforcement organization
or official;
(C) the Inspector General can document and track the
referral, to a military commander or other appropriate
authority, of the final report of an investigation or
inquiry described in subparagraph (B) for action;
(D) <<NOTE: Determination.>> the Inspector General
can document the determination of whether a member
described in subparagraph (A) engaged in prohibited
activity;
(E) the Inspector General can document whether a
member of a covered Armed Force was subject to action
(including judicial, disciplinary, adverse, or
corrective administrative action) or no action, as the
case may be, based on a determination described in
subparagraph (D); and
(F) the Inspector General can provide, or track the
referral to a civilian law enforcement agency of, any
information described in this paragraph.
(2) Report.--Not later than December 1 of each year
beginning after the date of the enactment of this Act, the
Secretary of Defense shall submit to the appropriate
congressional committees a report on the policies, processes,
and mechanisms implemented under paragraph (1). Each report
shall include, with respect to the fiscal year preceding the
date of the report, the following:
(A) The total number of referrals received by the
Inspector General under paragraph (1)(A);
(B) The total number of investigations and inquiries
conducted pursuant to a referral described in paragraph
(1)(B);
(C) The total number of members of a covered Armed
Force who, on the basis of determinations described in
paragraph (1)(D) that the members engaged in prohibited
activity, were subject to action described in paragraph
(1)(E), including--
(i) court-martial,
(ii) other criminal prosecution,
(iii) non-judicial punishment under Article 15
of the Uniform Code of Military Justice; or
(iv) administrative action, including
involuntary discharge from the Armed Forces, a
denial of reenlistment, or counseling.
(D) The total number of members of a covered Armed
Force described in paragraph (1)(A) who were not subject
to action described in paragraph (1)(E), notwithstanding
determinations described in paragraph (1)(D) that such
members engaged in prohibited activity.
[[Page 134 STAT. 3636]]
(E) The total number of referrals described in
paragraph (1)(F).
(3) Definitions.--In this subsection:
(A) The term ``appropriate congressional
committees'' means--
(i) the Committee on the Judiciary and the
Committee on Armed Services of the Senate; and
(ii) the Committee on the Judiciary and the
Committee on Armed Services of the House of
Representatives.
(B) The term ``covered Armed Force'' means an Armed
Force under the jurisdiction of the Secretary of a
military department.
(C) The term ``prohibited activity'' means an
activity prohibited under Department of Defense
Instruction 1325.06, titled ``Handling Dissident and
Protest Activities Among Members of the Armed Forces'',
or any successor instruction.
SEC. 555. <<NOTE: 10 USC 1030 note prec.>> POLICY TO IMPROVE
RESPONSES TO PREGNANCY AND CHILDBIRTH BY
CERTAIN MEMBERS OF THE ARMED FORCES.
(a) Policy Required.--The Secretary of Defense, in coordination with
the Secretaries of the military departments, shall develop a policy to
ensure that the career of a member of the Armed Forces is not unduly
affected because the member is a covered member. The policy shall
address the following:
(1) Enforcement and implementation of the applicable
requirements of the Pregnancy Discrimination Act (Public Law 95-
555; 42 U.S.C. 2000e(k)).
(2) <<NOTE: Determinations.>> The need for individual
determinations regarding the ability of members of the Armed
Forces to serve during and after pregnancy.
(3) Responses to the effects specific to covered members who
reintegrate into home life after deployment.
(4) Education and training on pregnancy discrimination to
diminish stigma, stereotypes, and negative perceptions regarding
covered members, including with regards to commitment to the
Armed Forces and abilities.
(5) Opportunities to maintain readiness when positions are
unfilled due to pregnancy, medical conditions arising from
pregnancy or childbirth, pregnancy convalescence, or parental
leave.
(6) Reasonable accommodations for covered members in general
and specific accommodations based on career field or military
occupational specialty.
(7) Consideration of deferments at military educational
institutions for covered members.
(8) Extended assignments and performance reporting periods
for covered members.
(9) A mechanism by which covered members may report
harassment or discrimination, including retaliation, relating to
being a covered member.
(b) <<NOTE: Deadline.>> Briefing.--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 House of
Representatives--
[[Page 134 STAT. 3637]]
(1) a briefing summarizing the policy developed under this
section; and
(2) a copy of the policy.
(c) Definitions.--In this section:
(1) The term ``covered member'' means a member of an Armed
Force under the jurisdiction of the Secretary of a military
department who--
(A) is pregnant;
(B) gives birth to a child; or
(C) incurs a medical condition arising from
pregnancy or childbirth.
(2) The term ``military educational institution'' means a
postsecondary educational institution established within the
Department of Defense.
SEC. 556. <<NOTE: 10 USC 1030 note prec.>> TRAINING ON CERTAIN
DEPARTMENT OF DEFENSE INSTRUCTIONS FOR
MEMBERS OF THE ARMED FORCES.
In accordance with Department of Defense Instruction 1300.17, dated
September 1, 2020, and applicable law, the Secretary of Defense shall
implement training on relevant Federal statutes, Department of Defense
Instructions, and the regulations of each military department, including
the responsibility of commanders to maintain good order and discipline.
SEC. 557. <<NOTE: 10 USC 501 note prec.>> EVALUATION OF BARRIERS
TO MINORITY PARTICIPATION IN CERTAIN UNITS
OF THE ARMED FORCES.
(a) Study Required.--
(1) <<NOTE: Deadline. Contracts.>> In general.--Not later
than 30 days after the date of the enactment of this Act, the
Under Secretary of Defense for Personnel and Readiness shall
seek to enter into an agreement with a federally funded research
and development center with relevant expertise to conduct an
evaluation of the barriers to minority participation in covered
units of the Armed Forces.
(2) Elements.--The evaluation required 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
(including English language learners) participation in
the recruitment, accession, assessment, and training
processes.
(E) The status and effectiveness of the response to
the recommendations contained in the report of the RAND
Corporation titled ``Barriers to Minority Participation
in Special Operations Forces'' and any follow-up
recommendations.
(F) <<NOTE: Recommenda- tions.>> Recommendations to
increase the numbers of minority officers in the Armed
Forces.
(G) <<NOTE: Recommenda- tions.>> Recommendations to
increase minority participation in covered units.
[[Page 134 STAT. 3638]]
(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) <<NOTE: Briefings.>> provide interim briefings
to such committees upon request.
(b) Designation.--The study conducted under subsection (a) shall be
known as the ``Study on Reducing Barriers to Minority Participation in
Elite Units in the Armed Services''.
(c) Implementation Required.--
(1) <<NOTE: Deadline.>> In general.--Except as provided in
paragraph (2), not later than March 1, 2023, the Secretary of
Defense shall commence the implementation of each recommendation
included in the final report submitted under subsection (a)(3).
(2) Exceptions.--
(A) Delayed implementation.--The Secretary of
Defense may commence implementation of a recommendation
described paragraph (1) later than March 1, 2023, if--
(i) <<NOTE: Notice. Deadline.>> the Secretary
submits to the congressional defense committees,
not later than January 1, 2023, written notice of
the intent of the Secretary to delay
implementation of the recommendation; and
(ii) includes, as part of such notice, a
specific justification for the delay in
implementing the recommendation.
(B) Nonimplementation.--The Secretary of Defense may
elect not to implement a recommendation described in
paragraph (1), if--
(i) <<NOTE: Notice. Deadline.>> the Secretary
submits to the congressional defense committees,
not later than January 1, 2023, written notice of
the intent of the Secretary not to implement the
recommendation; and
(ii) includes, as part of such notice--
(I) the reasons for the Secretary's
decision not to implement the
recommendation; and
(II) <<NOTE: Summary.>> a summary
of alternative actions the Secretary
will carry out to address the purposes
underlying the recommendation.
(3) Implementation plan.--For each recommendation that the
Secretary implements under this subsection, the Secretary shall
submit to the congressional defense committees an implementation
plan that includes--
(A) <<NOTE: Summary.>> a summary of actions the
Secretary has carried out, or intends to carry out, to
implement the recommendation; and
(B) a schedule, with specific milestones, for
completing the implementation of the recommendation.
(d) Covered Units Defined.--In this section, the term ``covered
units'' means the following:
(1) Army Special Forces.
(2) Army Rangers.
(3) Navy SEALs.
(4) Air Force Combat Control Teams.
(5) Air Force Pararescue.
[[Page 134 STAT. 3639]]
(6) Air Force Special Reconnaissance.
(7) Marine Raider Regiments.
(8) Marine Corps Force Reconnaissance.
(9) Coast Guard Maritime Security Response Team.
(10) Any other forces designated by the Secretary of Defense
as special operations forces.
(11) Pilot and navigator military occupational specialties.
SEC. 558. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON EQUAL
OPPORTUNITY AT THE MILITARY SERVICE
ACADEMIES.
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
Committees on Armed Services of the Senate and the House of
Representatives a report that the following:
(1) The aggregate number of equal opportunity claims filed
with respect to each military service academy during 2019 and
2020.
(2) Of the number of claims specified pursuant to paragraph
(1) for each military service academy, the number of such claims
that were substantiated.
(3) <<NOTE: Surveys. Time period.>> The results of any
completed climate survey of cadets or midshipmen, as applicable,
conducted by each military service academy, and any authorized
organization external to such military service academy, during
the two-year period ending on December 31, 2020 (or such longer
period the Comptroller General determines appropriate).
(4) <<NOTE: Analysis. Assessment.>> An analysis of the data
reported pursuant to paragraphs (1) through (3), an assessment
whether the data indicates one or more trends in equal
opportunity at the military service academies, and, if so, a
description and assessment of each such trend.
(5) <<NOTE: Assessment.>> A description and assessment of
the Equal Opportunity programs and other programs to improve the
climate of each military service academy, based on matters
raised by equal opportunity claims, climate surveys, and such
other evidence or assessments the Comptroller General determines
appropriate, including an assessment whether such programs
address trends identified pursuant to the analysis conducted for
purposes of paragraph (4).
Subtitle G--Decorations and Awards
SEC. 561. EXTENSION OF TIME TO REVIEW WORLD WAR I VALOR MEDALS.
(a) In General.--Section 584(f) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1281) <<NOTE: 10 USC 7271 note.>> is amended by striking ``five'' and
inserting ``six''.
(b) <<NOTE: 10 USC 7271 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect as if enacted on the date of the
enactment of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1281).
SEC. 562. <<NOTE: President.>> AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) Distinguished-Service Cross to Ramiro F. Olivo for Acts of Valor
During the Vietnam War.--
[[Page 134 STAT. 3640]]
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President may award the Distinguished-Service Cross under
section 7272 of such title to Ramiro F. Olivo for the acts of
valor described in paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Ramiro F. Olivo on May 9,
1968, as a member of the Army serving in the Republic of
Vietnam.
(b) Medal of Honor to Ralph Puckett, Jr., for Acts of Valor During
the Korean War.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7271 of
such title to Ralph Puckett, Jr. for the acts of valor described
in paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Ralph Puckett, Jr. on November
25 and 26, 1950, as a member of the Army serving in Korea, for
which he was awarded the Distinguished-Service Cross.
(c) Medal of Honor to Dwight M. Birdwell for Acts of Valor During
the Vietnam War.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7271 of
such title to Dwight M. Birdwell for the acts of valor described
in paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Dwight M. Birdwell on January
31, 1968, as a member of the Army serving in the Republic of
Vietnam, for which he was awarded the Silver Star.
(d) Medal of Honor to Alwyn C. Cashe for Acts of Valor During
Operation Iraqi Freedom.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7271 of
such title to Alwyn C. Cashe for the acts of valor described in
paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Alwyn C. Cashe on October 17,
2005, as a member of the Army serving in Iraq in support of
Operation Iraqi Freedom, for which he was posthumously awarded
the Silver Star.
(e) Medal of Honor to Earl D. Plumlee for Acts of Valor During
Operation Enduring Freedom.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
[[Page 134 STAT. 3641]]
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7271 of
such title to Earl D. Plumlee for the acts of valor described in
paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Earl D. Plumlee on August 28.
2013, as a member of the Army serving in Afghanistan in support
of Operation Enduring Freedom, for which he was awarded the
Silver Star.
SEC. 563. FEASIBILITY STUDY ON ESTABLISHMENT OF SERVICE MEDAL FOR
RADIATION-EXPOSED VETERANS.
(a) Study Required; Report.--Not later than May 1, 2021, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report containing the
results of a study assessing the feasibility of establishing a service
medal to award to radiation-exposed veterans.
(b) Elements.--The report shall contain the following:
(1) <<NOTE: Analysis.>> An analysis of how the decorations
and awards of the Department of Defense have been updated to
reflect the nature of military service across generations and
conflicts.
(2) <<NOTE: Assessment.>> An assessment of the conditions
of service of radiation-exposed veterans.
(3) <<NOTE: Plan.>> Any plan of the Secretary to recognize
(by means of a decoration or award) current, retired, or former
members of the Armed Forces exposed to toxic materials or
environments in the course of military service, including
radiation-exposed veterans.
(4) <<NOTE: Assessment.>> An assessment of the feasibility
of establishing an atomic veterans service device to be added to
the National Defense Service Medal or another appropriate medal.
(5) <<NOTE: Determination. Costs.>> A determination of the
direct or indirect costs to the Department that would arise from
the establishment of such a device or other appropriate medal.
(6) Any other element the Secretary determines appropriate.
(c) Meeting Required.--In the course of the feasibility study, the
Secretary shall hold no fewer than one meeting with representatives of
organizations that advocate for radiation-exposed veterans (including
leadership of the National Association of Atomic Veterans, Inc.) to
discuss the study and to work with such organizations on steps towards a
mutually agreeable and timely recognition of the valued service of
radiation-exposed veterans.
(d) Radiation-exposed Veteran Defined.--In this section, the term
``radiation-exposed veteran'' has the meaning given that term in section
1112 of title 38, United States Code.
SEC. 564. EXPRESSING SUPPORT FOR THE DESIGNATION OF SILVER STAR
SERVICE BANNER DAY.
Congress supports the designation of a ``Silver Star Service Banner
Day'' and recommends that the President issues each year a proclamation
calling on the people of the United States to observe Silver Star
Service Banner Day with appropriate programs, ceremonies, and
activities.
[[Page 134 STAT. 3642]]
Subtitle H--Member Education, Training, Transition, and Resilience
SEC. 571. MENTORSHIP AND CAREER COUNSELING PROGRAM FOR OFFICERS TO
IMPROVE DIVERSITY IN MILITARY LEADERSHIP.
(a) Program Required.--
(1) In general.--Section 656 of title 10, United States
Code, is amended--
(A) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively; and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) Mentoring and Career Counseling Program.--
``(1) Program required as part of plan.--With the goal of
having the diversity of the population of officers serving in
each branch, specialty, community, and grade of each armed force
reflect the diversity of the population in such armed force as a
whole, the Secretary of Defense and the Secretary of the
Department in which the Coast Guard is operating shall include
in the plan required by subsection (a) a mentoring and career
counseling program for officers.
``(2) Elements.--The program required by this subsection
shall include the following:
``(A) The option for any officer to participate in
the program.
``(B) For each officer who elects to participate in
the program, the following:
``(i) One or more opportunities for mentoring
and career counseling before selection of the
officer's branch, specialty, or community.
``(ii) Ongoing opportunities for mentoring and
career counseling following selection of the
officer's branch, specialty, or community, and
continuing through the officer's military career.
``(C) Mentoring and counseling during opportunities
under subparagraph (B) consisting of the following:
``(i) Information on officer retention and
promotion rates in each grade, branch, specialty,
and community of the armed force concerned,
including the rate at which officers in each
branch, specialty, or community of such armed
force are promoted to a grade above O-6.
``(ii) Information on career and service
pathways, including service in the reserve
components.
``(iii) Such other information as may be
required to optimize the ability of an officer to
make informed career decisions through the
officer's military career.''.
(2) Performance metrics.--Subsection (c) of such section, as
redesignated by paragraph (1)(A), is amended--
(A) in the subsection heading, by inserting ``and
Mentoring and Career Counseling Program'' after
``Developing and Implementing Plan''; and
(B) by inserting ``and the mentoring and career
counseling program under subsection (b)'' after ``the
plan under subsection (a)''.
[[Page 134 STAT. 3643]]
(3) Conforming and clerical amendments.--
(A) Heading amendment.--The heading of such section
is amended to read as follows:
``Sec. 656. Diversity in military leadership: plan; mentoring and
career counseling program''.
(B) Table of sections.--The table of sections at the
beginning of chapter 37 of such title <<NOTE: 10 USC 651
prec.>> is amended by striking the item relating to
section 656 and inserting the following new item:
``656. Diversity in military leadership: plan; mentoring and career
counseling program.''.
(b) Report.--
(1) <<NOTE: Coordination.>> In general.--Not later than 270
days after the date of the enactment of this Act, the Secretary
of Defense shall, in coordination with the Secretary of the
Department in which the Coast Guard is operating, submit to the
appropriate committees of Congress a report on the mentoring and
career counseling program established pursuant to subsection (b)
of section 656 of title 10, United States Code (as amended by
subsection (a)).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of the manner in which each Armed
Force will implement the mentoring and counseling
program,
(B) A description of the metrics that will be used
to measure progress in developing and implementing the
mentoring and career counseling program.
(C) For each Armed Force, an explanation whether the
mentoring and career counseling program will be carried
out as part of another program of such Armed Force or
through the establishment of a separate subprogram or
subprograms of such Armed Force.
(D) A description of the additional resources, if
any, that will be required to implement the mentoring
and career counseling program, including the specific
number of additional personnel authorizations that will
be required to staff the program.
(E) Such other information on the mentoring and
career counseling program as the Secretary of Defense
and the Secretary of the Department in which the Coast
Guard is operating consider appropriate.
(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 Commerce, Science, and Transportation of
the Senate; and
(B) the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the
House of Representatives.
SEC. 572. EXPANSION OF SKILLBRIDGE PROGRAM TO INCLUDE THE COAST
GUARD.
Section 1143(e) of title 10, United States Code, is amended--
[[Page 134 STAT. 3644]]
(1) in paragraph (1), by striking ``of a military
department'' and inserting ``concerned'';
(2) in paragraph (3), by striking ``of the military
department''; and
(3) in paragraph (4), by striking ``of Defense'' and
inserting ``concerned''.
SEC. 573. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE UNITED
STATES AIR FORCE ACADEMY.
Section 9431(b)(4) of title 10, United States Code, is amended by
striking ``23'' and inserting ``25''.
SEC. 574. <<NOTE: 10 USC 8431 note prec.>> ADDITIONAL ELEMENTS
WITH 2021 AND 2022 CERTIFICATIONS ON THE
READY, RELEVANT LEARNING INITIATIVE OF THE
NAVY.
(a) Additional Elements With 2021 Certifications.--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 framework for a life cycle sustainment plan for the
Ready, Relevant Learning initiative meeting the requirements in
subsection (b).
(2) <<NOTE: Reports.>> A report on the use of readiness
assessment teams in training addressing the elements specified
in subsection (c).
(b) Life Cycle Sustainment Plan Framework.--The framework for a life
cycle sustainment plan required by subsection (a)(1) shall address 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) Course content and relevance.
(14) Governance, including the acquisition and program
management structure.
(15) Such other elements in the life cycle sustainment of
the Ready, Relevant Learning initiative as the Secretary
considers appropriate.
(c) <<NOTE: Assessments.>> 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
and Combat Systems Readiness Assessment Teams to conduct unit-
level training and assistance in each capacity as follows:
(A) To augment non-Ready, Relevant Learning
initiative training.
[[Page 134 STAT. 3645]]
(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.
(d) Life Cycle Sustainment Plan With 2022 Certifications.--In
submitting to Congress in 2022 the certifications required by section
545 of the National Defense Authorization Act for Fiscal Year 2018, the
Secretary shall also submit the approved life cycle sustainment plan for
the Ready, Relevant Learning initiative of the Navy, based on the
framework for the plan developed for purposes of subsection (a)(1).
SEC. 575. <<NOTE: 10 USC 7442 note.>> INFORMATION ON NOMINATIONS
AND APPLICATIONS FOR MILITARY SERVICE
ACADEMIES.
(a) Nominations Portal.--
(1) <<NOTE: Deadline. Consultation.>> In general.--Not
later than two years after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the
Superintendents of the military service academies, shall ensure
that there is a uniform online portal for all military service
academies that enables Members of Congress and other nominating
sources to nominate individuals for appointment to each academy
through a secure website.
(2) Information collection and reporting.--The online portal
established under paragraph (1) shall have the ability to--
(A) collect, from each nominating source, the
demographic information described in subsection (b) for
each individual nominated to attend a military service
academy; and
(B) collect the information required to be included
in each annual report of the Secretary under subsection
(c) in a manner that enables the Secretary to
automatically compile such information when preparing
the report.
(3) Availability of information.--The portal shall allow
Members of Congress, other nominating sources, and their
designees to view their past nomination records for all
application cycles.
(b) Standard Classifications for Collection of Demographic Data.--
(1) <<NOTE: Consultation.>> Standards required.--The
Secretary, in consultation with the Superintendents of the
military service academies, shall establish standard
classifications that cadets, midshipmen, and applicants to the
academies may use to report gender, race, and ethnicity and to
provide other demographic information in connection with
admission to or enrollment in an academy.
[[Page 134 STAT. 3646]]
(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) <<NOTE: Deadline.>> Incorporation into applications and
records.--Not later than 180 days 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) Annual Report on the Demographics Military Service Academy
Applicants.--
(1) Report required.--Not later than September 30 of each
year beginning after the establishment of the online portal, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
demographics of applicants to military service academies for the
most recently concluded application year.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to each military service academy, the
following:
(A) The number of individuals who submitted an
application for admission to the academy in the
application year covered by the report.
(B) Of the individuals who submitted an application
for admission to the academy in such year--
(i) the overall demographics of applicant
pool, disaggregated by the classifications
established under subsection (b);
(ii) the number and percentage who received a
nomination, disaggregated by the classifications
established under subsection (b);
(iii) the number and percentage who received
an offer for appointment to the academy,
disaggregated by the classifications established
under subsection (b); and
(iv) the number and percentage who accepted an
appointment to the academy, disaggregated by the
classifications established under subsection (b).
(3) Consultation.--In preparing each report under paragraph
(1), the Secretary shall consult with the Superintendents of the
military service academies.
(4) Availability of reports and data.--The Secretary shall--
(A) <<NOTE: Public information. Web posting.>> make
the results of each report under paragraph (1) available
on a publicly accessible website of the Department of
Defense; and
(B) <<NOTE: Data.>> ensure that any data included
with the report is made available in a machine-readable
format that is downloadable, searchable, and sortable.
(d) Definitions.--In this section:
[[Page 134 STAT. 3647]]
(1) The term ``application year'' means the period beginning
on January 1 of one year and ending on June 1 of the following
year.
(2) The term ``machine-readable'' has the meaning given that
term in section 3502(18) of title 44, United States Code.
(3) The term ``military service academy'' means--
(A) the United States Military Academy;
(B) the United States Naval Academy; and
(C) the United States Air Force Academy.
SEC. 576. REPORT ON POTENTIAL IMPROVEMENTS TO CERTAIN MILITARY
EDUCATIONAL INSTITUTIONS OF THE DEPARTMENT
OF DEFENSE.
(a) <<NOTE: Consultation. Review. Assessment.>> Report Required.--
Not later than December 1, 2021, the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff, 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).
(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 or expansion 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.
[[Page 134 STAT. 3648]]
(d) <<NOTE: Assessments.>> Additional Elements.--In addition to the
matters described in subsection (a), the review and report under this
section shall also include the following:
(1) <<NOTE: Summary.>> A consolidated summary that lists
all components of the professional military education enterprise
of the Department of Defense, including all associated schools,
programs, research centers, and support activities.
(2) <<NOTE: Time period.>> For each component identified
under paragraph (1), the assigned personnel strength, annual
student throughput, and budget details of the three fiscal years
preceding the date of the report.
(3) An assessment of the differences between admission
standards and graduation requirements of the educational
institutions of the Department of Defense specified in
subsection (b) and such admission standards and graduation
requirements of public and private institutions of higher
education that the Secretary determines comparable to the
educational institutions of the Department of Defense.
(4) An assessment of the requirements of the goals and
missions of the educational institutions of the Department of
Defense specified in subsection (b) and any need to adjust such
goals and missions to meet national security requirements of the
Department.
(5) An assessment of the effectiveness and shortfalls of the
existing professional military education enterprise as measured
against graduate utilization, post-graduate evaluations, and the
education and force development requirements of the Chairman of
the Joint Chiefs of Staff and the Chiefs of the Armed Forces.
(6) Any other matters the Secretary determines appropriate
for purposes of this section.
SEC. 577. COLLEGE OF INTERNATIONAL SECURITY AFFAIRS OF THE
NATIONAL DEFENSE UNIVERSITY.
(a) <<NOTE: Time period.>> Prohibition.--The Secretary of Defense
may not eliminate, divest, downsize, or reorganize the College of
International Security Affairs, nor its satellite program, the Joint
Special Operations Masters of Arts, of the National Defense University,
or seek to reduce the number of students educated at the College, or its
satellite program, until 30 days after the date on which the
congressional defense committees receive the report required by
subsection (c).
(b) <<NOTE: Consultation.>> Assessment, Determination, and
Review.--The Under Secretary of Defense for Policy, in consultation with
the Under Secretary of Defense for Personnel and Readiness, the
Assistant Secretary of Defense for Special Operations/Low-Intensity
Conflict, the Deputy Assistant Secretary of Defense for Counternarcotics
and Global Threats, the Deputy Assistant Secretary of Defense for
Stability and Humanitarian Affairs, the Deputy Assistant Secretary of
Defense for Special Operations and Combating Terrorism, the Chief
Financial Officer of the Department, the Chairman of the Joint Chiefs of
Staff, and the Commander of United States Special Operations Command,
shall--
(1) assess requirements for joint professional military
education and civilian leader education in the counterterrorism,
irregular warfare, and asymmetrical domains to support the
Department and other national security institutions of the
Federal Government;
[[Page 134 STAT. 3649]]
(2) determine whether the importance, challenges, and
complexity of the modern counterterrorism environment and
irregular and asymmetrical domains 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 International
Security Affairs on January 1, 2019;
(3) <<NOTE: Plan.>> review the plan proposed by the
National Defense University for eliminating the College of
International Security Affairs and reducing and restructuring
the counterterrorism, irregular, and asymmetrical 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 International
Security Affairs 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) <<NOTE: Recommenda- tions.>> such recommendations as
the Secretary may have for higher education in the
counterterrorism, irregular, and asymmetrical domains.
SEC. 578. <<NOTE: 10 USC 2015 note.>> IMPROVEMENTS TO THE
CREDENTIALING OPPORTUNITIES ON-LINE
PROGRAMS OF THE ARMED FORCES.
(a) Study on Performance Measures.--The Secretary of Defense shall
conduct a study to determine additional performance measures to evaluate
the effectiveness of the Credentialing Opportunities On-Line programs
(in this section referred to as the ``COOL programs'') of each Armed
Force in connecting members of the Armed Forces with professional
credential programs. The study shall include the following:
(1) The percentage of members of the Armed Force concerned
described in section 1142(a) of title 10, United States Code,
who participate in a professional credential program through the
COOL program of the Armed Force concerned.
(2) The percentage of members of the Armed Force concerned
described in paragraph (1) who have completed a professional
credential program described in that paragraph.
(3) The amount of funds obligated and expended to execute
the COOL program of each Armed Force during the five fiscal
years immediately preceding the date of the study.
(4) Any other element determined by the Secretary of
Defense.
(b) Information Tracking.--The Secretary of Defense shall establish
a process to standardize the tracking of information regarding the COOL
programs across the Armed Forces.
[[Page 134 STAT. 3650]]
(c) Coordination.--To carry out this section, the Secretary of
Defense may coordinate with the Secretaries of Veterans Affairs and
Labor.
(d) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on--
(1) the study conducted under subsection (a); and
(2) <<NOTE: Timeline.>> the process established under
subsection (b), including a timeline to implement such process.
SEC. 579. GAO STUDY REGARDING TRANSFERABILITY OF MILITARY
CERTIFICATIONS TO CIVILIAN OCCUPATIONAL
LICENSES AND CERTIFICATIONS.
(a) Study; Report.--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 Committees on Armed Services of the Senate and House
of Representatives a report containing the results of a study regarding
the transferability of military certifications to civilian occupational
licenses and certifications.
(b) Elements.--The report under this section shall include the
following:
(1) Obstacles to transference of military certifications.
(2) Any effects of the transferability of military
certifications on recruitment and retention.
(3) Examples of certifications obtained from the Federal
Government that transfer to non-Federal employment.
(4) <<NOTE: Assessment.>> An assessment of the
effectiveness of the credentialing programs of each Armed Force.
SEC. 579A. REPORT REGARDING COUNTY, TRIBAL, AND LOCAL VETERANS
SERVICE OFFICERS.
(a) <<NOTE: Consultation.>> Report Required.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of Veterans Affairs, shall
submit to the Committees on Armed Services and on Veterans' Affairs of
the House of Representatives and Senate a report regarding the effects
of the presence of CVSOs at demobilization centers on members of the
Armed Forces making the transition to civilian life.
(b) Elements.--The report under this section shall include the
following:
(1) The number of demobilization centers that host CVSOs.
(2) The locations of demobilization centers described in
paragraph (1).
(3) Barriers to expanding the presence of CVSOs at
demobilization centers nationwide.
(4) <<NOTE: Recommenda- tions.>> Recommendations of the
Secretary of Defense regarding the presence of CVSOs at
demobilization centers.
(c) CVSO Defined.--In this section, the term ``CVSO'' includes--
(1) a county veterans service officer;
(2) a Tribal veterans service officer;
(3) a Tribal veterans representative; or
(4) another State, Tribal, or local entity that the
Secretary of Defense determines appropriate.
[[Page 134 STAT. 3651]]
Subtitle I--Military Family Readiness and Dependents' Education
SEC. 581. <<NOTE: 10 USC 1781 note.>> FAMILY READINESS:
DEFINITIONS; COMMUNICATION STRATEGY;
REVIEW; REPORT.
(a) <<NOTE: Deadline. Coordination.>> Definitions.--Not later than
six months after the date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretaries of the military
departments, shall act on recommendation one of the report, dated July
2019, of the National Academies of Science, Engineering and Medicine,
titled ``Strengthening the Military Family Readiness System for a
Changing American Society'', by establishing definitions of ``family
well-being'', ``family readiness'', and ``family resilience'' for use by
the Department of Defense.
(b) <<NOTE: Deadline. Coordination.>> Communication Strategy.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense, in coordination with the Secretaries of the
military departments, shall--
(1) ensure that the Secretary of Defense has carried out
section 561 of the National Defense Authorization Act for Fiscal
Year 2010 (10 U.S.C. 1781 note);
(2) implement a strategy to use of a variety of modes of
communication to ensure the broadest means of communicating with
military families; and
(3) establish a process to measure the effectiveness of the
modes of communication described in paragraph (2).
(c) <<NOTE: Deadline.>> Review.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
conduct a review of current programs, policies, services, resources, and
practices of the Department for military families as outlined in
recommendation four of the report described in subsection (a).
(d) Report.--Not later than 60 days after completing the review
under subsection (c), the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report detailing the results of the review and how the
Secretary shall improve programs, policies, services, resources, and
practices for military families, based on the review.
SEC. 582. IMPROVEMENTS TO EXCEPTIONAL FAMILY MEMBER PROGRAM.
(a) In General.--Section 1781c of title 10, United States Code is
amended--
(1) in subsection (b), by striking ``enhance'' and inserting
``standardize, enhance,'';
(2) in subsection (c)(1), by inserting ``and standard''
after ``comprehensive'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``update from time
to time'' and inserting ``regularly update'';
(B) in paragraph (3), by adding at the end the
following new subparagraphs:
``(C) Ability to request a second review of the approved
assignment within or outside the continental United States if
the member believes the location is inappropriate for the
member's family and would cause undue hardship.
[[Page 134 STAT. 3652]]
``(D) Protection from having a medical recommendation for an
approved assignment overridden 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.''; and
(C) in paragraph (4)--
(i) 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)''; and
(ii) by inserting after subparagraph (F) the
following new subparagraphs:
``(H) 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.
``(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
in each armed force.''.
(b) <<NOTE: Deadline. Coordination. 10 USC 1781c note.>>
Standardization.--Not later than six months after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretaries of the military departments, shall, to the extent
practicable, standardize the Exceptional Family Member Program (in this
section referred to as the ``EFMP'') across the military departments.
The EFMP, standardized under this subsection, shall include the
following:
(1) Processes for the identification and enrollment of
dependents of covered members with special needs.
(2) A process for the permanent change of orders for covered
members, to ensure seamless continuity of services at the new
permanent duty station.
(3) 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.
(4) A review process for installations to ensure that health
care furnished through the TRICARE program, special needs
education programs, and installation-based family support
programs are available to military families enrolled in the
EFMP.
(5) A standardized respite care benefit across the covered
Armed Forces, including the number of hours available under such
benefit to military families enrolled in the EFMP.
(6) Performance metrics for measuring, across the Department
and with respect to each military department, the following:
(A) 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.
(B) The reassignment of military families with
special needs, including how often members request
reassignments, for what reasons, and from what military
installations.
[[Page 134 STAT. 3653]]
(C) The level of satisfaction of military families
with special needs with the family and medical support
they are provided.
(7) <<NOTE: Requirement. Determinations.>> A requirement
that the Secretary of each military department provide legal
services by an attorney, trained in education law, at each
military installation--
(A) the Secretary determines is a primary receiving
installation for military families with special needs;
and
(B) in a State that the Secretary determines has
historically not supported families enrolled in the
EFMP.
(8) The option for a family enrolled in the EFMP to continue
to receive all services under that program and a family
separation allowance, if otherwise authorized, if--
(A) the covered member receives a new permanent duty
station; and
(B) the covered member and family elect for the
family not to relocate with the covered member.
(9) The solicitation of feedback from military families with
special needs, and discussions of challenges and best practices
of the EFMP, using existing family advisory organizations.
(c) <<NOTE: Coordination.>> Case Management.--The Secretary of
Defense, in coordination with the Secretaries of the military
departments, shall develop an EFMP case management model, including the
following:
(1) A single EFMP office, located at the headquarters of
each covered Armed Force, to oversee implementation of the EFMP
and coordinate health care services, permanent change of station
order processing, and educational support services for that
covered Armed Force.
(2) An EFMP office at each military installation with case
managers to assist each family of a covered member in the
development of a plan that addresses the areas specified in
subsection (b)(1).
(d) <<NOTE: Recommenda- tions.>> Report.--Not later than 180 days
after the date of the enactment of the 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 implementation of this section,
including any recommendations of the Secretary regarding additional
legislation.
(e) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force
under the jurisdiction of the Secretary of a military
department.
(2) The term ``covered member'' means a member--
(A) of a covered Armed Force; and
(B) with a dependent with special needs.
SEC. 583. SUPPORT SERVICES FOR MEMBERS OF SPECIAL OPERATIONS
FORCES AND IMMEDIATE FAMILY MEMBERS.
(a) In General.--Section 1788a of title 10, United States Code, is
amended--
(1) by striking the heading and inserting ``Support
programs: special operations forces personnel; immediate family
members'';
(2) in subsection (a), by striking ``for the immediate
family members of members of the armed forces assigned to
special operations forces'';
[[Page 134 STAT. 3654]]
(3) in subsection (b)(1), by striking ``the immediate family
members of members of the armed forces assigned to special
operations forces'' and inserting ``covered individuals'';
(4) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``family
members of members of the armed forces assigned to
special operations forces'' and inserting ``covered
individuals''; and
(B) in subparagraph (B), by striking ``family
members of members of the armed forces assigned to
special operations forces'' and inserting ``covered
individuals''; and
(5) in subsection (e)(4)--
(A) by inserting ``psychological support, spiritual
support, and'' before ``costs'';
(B) by striking ``immediate family members of
members of the armed forces assigned to special
operations forces'' and inserting ``covered personnel'';
and
(C) by adding at the end the following:
``(5) The term `covered personnel' means--
``(A) members of the Armed Forces (including the
reserve components) assigned to special operations
forces;
``(B) service personnel assigned to support special
operations forces; and
``(C) immediate family members of individuals
described in subparagraphs (A) and (B).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 88 of title 10, United States Code, <<NOTE: 10 USC 1781 prec.>>
is amended by striking the item relating to section 1788a and inserting
the following:
``1788a. Support programs: special operations forces personnel;
immediate family members.''.
SEC. 584. RESPONSIBILITY FOR ALLOCATION OF CERTAIN FUNDS FOR
MILITARY CHILD DEVELOPMENT PROGRAMS.
Section 1791 of title 10, United States Code, is amended--
(1) by striking ``It is the policy'' and inserting the
following:
``(a) Policy.--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. 585. 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 subsection:
``(c) 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) may 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) Reports on Installations With Extreme Imbalance Between Demand
for and Availability of Child Care.--Not
[[Page 134 STAT. 3655]]
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:
(1) 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.
(2) <<NOTE: Assessments.>> For each installation named
pursuant to subparagraph (A), the following:
(A) 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.
(B) A description and assessment of various
incentives to encourage military spouses to become
providers under the Family Child Care program at such
installation.
(C) <<NOTE: Recommenda- tions.>> 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. 586. 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) <<NOTE: 10 USC 1784a note.>> is amended--
(1) by inserting ``(a) Professional License or
Certification; Associate's Degree.--'' before ``The Secretary'';
(2) by inserting ``or maintenance (including continuing
education courses)'' after ``pursuit''; and
(3) by adding at the end the following new subsection:
``(b) National Testing.--Financial assistance under subsection (a)
may be applied to the costs of national tests that may earn a
participating military spouse course credits required for a degree
approved under the program (including the College Level Examination
Program tests).''.
SEC. 587. <<NOTE: 10 USC 1784 note.>> IMPROVEMENTS TO PARTNER
CRITERIA OF THE MILITARY SPOUSE EMPLOYMENT
PARTNERSHIP PROGRAM.
(a) <<NOTE: Deadline.>> Evaluation; Updates.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall evaluate the partner criteria set forth in the Military
Spouse Employment Partnership Program (in this section referred to as
the ``MSEP Program'') and implement updates that the Secretary
determines will improve such criteria without diminishing the need for
partners to exhibit sound business practices, broad diversity efforts,
and relative financial stability. Such updates may expand the number of
the following entities that meet such criteria:
(1) Institutions of primary, secondary, and higher
education.
(2) Software and coding companies.
(3) Local small businesses.
[[Page 134 STAT. 3656]]
(4) Companies that employ telework.
(b) <<NOTE: Consultation. Contracts.>> New Partnerships.--Upon
completion of the evaluation under subsection (a), the Secretary, in
consultation with the Department of Labor, shall seek to enter into
agreements with entities described in paragraphs (1) through (4) of
subsection (a) that are located near military installations (as that
term is defined in section 2687 of title 10, United States Code).
(c) <<NOTE: Public information. Web posting.>> Review; Report.--Not
later than one year after implementation under subsection (a), the
Secretary shall review updates under subsection (a) and publish a report
regarding such review on a publicly-accessible website of the Department
of Defense. <<NOTE: Data.>> Such report shall include the following:
(1) <<NOTE: Implementation plan.>> The results of the
evaluation of the MSEP Program, including the implementation
plan for any change to partnership criteria.
(2) Data on the new partnerships undertaken as a result of
the evaluation, including the type, size, and location of the
partner entities.
(3) Data on the utility of the MSEP Program, including--
(A) the number of military spouses who have applied
through the MSEP Program;
(B) the average length of time a job is available
before being filled or removed from the MSEP Program
portal; and
(C) the average number of new jobs posted on the
MSEP Program portal each month.
SEC. 588. <<NOTE: 10 USC 1791 note.>> 24-HOUR CHILD CARE.
(a) 24-Hour Child Care.--If the Secretary of Defense determines it
feasible, pursuant to the study conducted pursuant to subsection (b),
the Secretary shall furnish child care to each child of a member of the
Armed Forces or civilian employee of the Department of Defense while
that member or employee works on rotating shifts at a military
installation.
(b) Feasibility Study; Report.--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 this section, on the feasibility of
furnishing child care described in subsection (a).
(c) Elements.--The report required by subsection (b) shall include
the following:
(1) The results of the study described in that subsection.
(2) <<NOTE: Determinations.>> If the Secretary determines
that furnishing child care available as described in subsection
(a) is feasible, such matters as the Secretary determines
appropriate in connection with furnishing such child care,
including--
(A) an identification of the installations at which
such child care 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
child care available at the installations identified
pursuant to subparagraph (A);
(C) <<NOTE: Assessment.>> an assessment whether the
child care needs of members of the Armed Forces and
civilian employees of
[[Page 134 STAT. 3657]]
the Department described in subsection (a) would be
better met by an increase in assistance for child care
fees;
(D) <<NOTE: Assessment.>> a description and
assessment of the actions, if any, being taken to
furnish such child care at the installations identified
pursuant to subparagraph (A); and
(E) <<NOTE: Recommenda- tions.>> such
recommendations for legislative or administrative action
the Secretary determines appropriate to make such child
care available at the installations identified pursuant
to subparagraph (A), or at any other military
installation.
SEC. 589. <<NOTE: 10 USC 1791 note.>> PILOT PROGRAM TO PROVIDE
FINANCIAL ASSISTANCE TO MEMBERS OF THE
ARMED FORCES FOR IN-HOME CHILD CARE.
(a) <<NOTE: Deadlines.>> Establishment.--Not later than March 1,
2021, the Secretary of Defense shall establish a pilot program to
provide financial assistance to members of the Armed Forces who pay for
services provided by in-home child care
providers. <<NOTE: Determinations.>> In carrying out the pilot program,
the Secretary shall take the following steps:
(1) Determine the needs of military families who request
services provided by in-home child care providers.
(2) Determine the appropriate amount of financial assistance
to provide to military families described in paragraph (1).
(3) Determine the appropriate qualifications for an in-home
child care provider for whose services the Secretary shall
provide financial assistance to a military family. In carrying
out this paragraph, the Secretary shall--
(A) take into consideration qualifications for in-
home child care providers in the private sector; and
(B) ensure that the qualifications the Secretary
determines appropriate under this paragraph are
comparable to the qualifications for a provider of child
care services in a military child development center or
family home day care.
(4) <<NOTE: Plan.>> Establish a marketing and
communications plan to inform members of the Armed Forces who
live in the locations described in subsection (b) about the
pilot program.
(b) <<NOTE: Determination.>> Locations.--The Secretary shall carry
out the pilot program in the five locations that the Secretary
determines have the greatest demand for child care services for children
of members of the Armed Forces.
(c) Reports.--
(1) <<NOTE: Time period.>> Interim reports.--Not later than
one year after the Secretary establishes the pilot program and
thrice annually thereafter, 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. Each
interim report shall include the following elements:
(A) The number of military families participating in
the pilot program, disaggregated by location and
duration of participation.
(B) The amount of financial assistance provided to
participating military families in each location.
(C) Metrics by which the Secretary carries out
subsection (a)(3)(B);
(D) The feasibility of expanding the pilot program.
[[Page 134 STAT. 3658]]
(E) Legislation or administrative action that the
Secretary determines necessary to make the pilot program
permanent.
(F) Any other information the Secretary determines
appropriate.
(2) Final report.--Not later than 90 days after the
termination of the pilot program, the Secretary shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a final report on the pilot program. The final
report shall include the following elements:
(A) The elements specified in paragraph (1).
(B) <<NOTE: Recommenda- tions.>> The recommendation
of the Secretary whether to make the pilot program
permanent.
(d) Termination.--The pilot program shall terminate five years after
the date on which the Secretary establishes the pilot program.
(e) Definitions.--In this section:
(1) The term ``in-home child care provider'' means an
individual who provides child care services in the home of the
child.
(2) The terms ``military child development center'' and
``family home day care'' have the meanings given those terms in
section 1800 of title 10, United States Code.
SEC. 589A. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MILITARY AND
CIVILIAN PERSONNEL.
(a) Continuation of Authority to Assist Local Educational Agencies
That Benefit Dependents of Members of the Armed Forces and Department of
Defense Civilian Employees.--
(1) 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).
(2) Local educational agency defined.--In this subsection,
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)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) 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).
(2) 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
[[Page 134 STAT. 3659]]
Defense to make payments to local educational agencies
determined by the Secretary to have higher concentrations of
military children with severe disabilities.
(3) <<NOTE: Deadline. Briefing.>> 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. 589B. STAFFING OF DEPARTMENT OF DEFENSE EDUCATION ACTIVITY
SCHOOLS TO MAINTAIN MAXIMUM STUDENT-TO-
TEACHER RATIOS.
(a) In General.--The Department of Defense Education Activity 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. 589C. <<NOTE: 10 USC 2164 note.>> PILOT PROGRAM TO EXPAND
ELIGIBILITY FOR ENROLLMENT AT DOMESTIC
DEPENDENT ELEMENTARY AND SECONDARY
SCHOOLS.
(a) <<NOTE: Deadline.>> Pilot Program Authorized.--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) <<NOTE: Evaluation.>> to evaluate the feasibility and
advisability of expanding enrollment in covered DODEA schools;
and
(2) <<NOTE: Determination.>> 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
[[Page 134 STAT. 3660]]
Secretary shall select military installations for participation in the
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. 589D. <<NOTE: 10 USC 2164 note.>> 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) <<NOTE: Evaluation.>> To evaluate the
feasibility and scalability of the DVHS program.
(B) <<NOTE: Assessment.>> 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
[[Page 134 STAT. 3661]]
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) <<NOTE: Data. Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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. 589E. <<NOTE: 10 USC 2001 note prec.>> TRAINING PROGRAM
REGARDING FOREIGN MALIGN INFLUENCE
CAMPAIGNS.
(a) <<NOTE: Deadline.>> Establishment.--Not later than September
30, 2021, the Secretary of Defense shall establish a program for
training members of the Armed Forces and civilian employees of the
Department of Defense regarding the threat of foreign malign influence
campaigns targeted at such individuals and the families of such
individuals, including such campaigns carried out through social media.
(b) <<NOTE: Deadline.>> Designation of Official to Coordinate and
Integrate.--Not later than 30 days after the date of enactment of this
Act, the Secretary shall designate an official of the Department who
shall be responsible for coordinating and integrating the training
program under this section.
(c) <<NOTE: Review.>> Best Practices.--In coordinating and
integrating the training program under this section, the official
designated under subsection (b) shall review best practices of existing
training programs across the Department.
(d) Report Required.--Not later than October 30, 2021, the Secretary
shall submit a report to the congressional defense committees detailing
the program established under this section.
(e) Foreign Malign Influence Defined.--In this section, the term
``foreign malign influence'' has the meaning given that term in section
119C of the National Security Act of 1947 (50 U.S.C. 3059).
[[Page 134 STAT. 3662]]
SEC. 589F. STUDY ON CYBEREXPLOITATION AND ONLINE DECEPTION OF
MEMBERS OF THE ARMED FORCES AND THEIR
FAMILIES.
(a) <<NOTE: Deadline.>> Study.--Not later than 150 days after the
date of the enactment of this Act, the Secretary of Defense shall
complete a study on--
(1) the cyberexploitation of the personal information and
accounts of members of the Armed Forces and their families; and
(2) the risks of deceptive online targeting of members and
their families.
(b) <<NOTE: Assessments.>> Elements.--The study under subsection
(a) shall include the following:
(1) An assessment of predatory loans, other financial
products, or educational products being targeted to members of
the Armed Forces and their families.
(2) An assessment of unproven or unnecessary medical
treatments or procedures being targeted to members and their
families.
(3) An assessment of ethnic or racial violent extremism
messages targeting members and their families.
(4) An assessment of the ways in which social media
algorithms may amplify the targeting described in paragraphs (1)
through (3).
(5) An intelligence assessment of the threat currently posed
by foreign government and non-state actors carrying out the
cyberexploitation of members and their families, including
generalized assessments as to--
(A) whether such cyberexploitation is a substantial
threat as compared to other means of information
warfare; and
(B) whether such cyberexploitation is an increasing
threat.
(6) <<NOTE: Analysis.>> A case-study analysis of three
known occurrences of attempted cyberexploitation against members
and their families, including assessments of the vulnerability
and the ultimate consequences of the attempted
cyberexploitation.
(7) A description of the actions taken by the Department of
Defense to educate members and their families, including
particularly vulnerable subpopulations, about any actions that
can be taken to reduce cyberexploitation threats.
(8) An intelligence assessment of the threat posed by
foreign government and non-state actors creating or using
machine-manipulated media (commonly referred to as ``deep
fakes'') featuring members and their families, including
generalized assessments of--
(A) the maturity of the technology used in the
creation of such media; and
(B) how such media has been used or might be used to
conduct information warfare.
(9) <<NOTE: Recommenda- tions.>> Recommendations for policy
changes to reduce the vulnerability of members of the Armed
Forces and their families to cyberexploitation and deception,
including recommendations for legislative or administrative
action.
(c) Report.--
(1) Requirement.--The Secretary shall submit to the
Committees on Armed Services of the House of Representatives
[[Page 134 STAT. 3663]]
and the Senate a report on the findings of the Secretary with
respect to the study under subsection (a).
(2) <<NOTE: Classified information.>> Form.--The report
under 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 and online platforms--
(A) to knowingly access, or conspire to access,
without authorization, an individual's personal
information to be employed (or to be used) with
malicious intent; or
(B) to deceive an individual with misinformation
with malicious intent.
(2) The term ``machine-manipulated media'' means video,
image, or audio recordings generated or substantially modified
using machine learning techniques in order to, with malicious
intent, falsely depict the speech or conduct of an individual
without that individual's permission.
SEC. 589G. <<NOTE: 10 USC 1781c note.>> MATTERS RELATING TO
EDUCATION FOR MILITARY DEPENDENT
STUDENTS WITH SPECIAL NEEDS.
(a) Information on Special Education Disputes.--
(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
under 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
of the Department of Defense.
(B) Reports submitted by members of the Armed Forces
to officials at military installations or other relevant
military officials.
(C) Such other sources as the Secretary of the
military department concerned considers appropriate.
(4) Annual reports.--On an annual basis, each Secretary of a
military department shall submit to the Office of Special Needs
of the Department of Defense a report on the information
collected by such Secretary under this subsection during the
preceding year.
(b) GAO Study and Report.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the following:
(A) The manner in which local educational agencies
with schools that serve military dependent students use
the following:
(i) Funds made available for impact aid for
children with severe disabilities under section
363 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law
106-398; 20 U.S.C. 7703a).
[[Page 134 STAT. 3664]]
(ii) Funds made available for assistance to
schools with a significant number of military
dependent students 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).
(C) The efficacy of attorneys and other legal
support for military families in special education
disputes.
(E) Whether, and to what extent, policies and
guidance for School Liaison Officers are standardized
between the Office of Special Needs of the Department of
Defense and the military departments, and the efficacy
of such policies and guidance.
(F) The improvements made to 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 titled ``DOD Should
Improve Its Oversight of the Exceptional Family Member
Program'' (GAO-18-348).
(2) Recommendations.--As part of the study under paragraph
(1), the Comptroller General shall develop recommendations on
the following:
(A) Improvements to the ability of the Department of
Defense to monitor and enforce the compliance of local
educational agencies with requirements for the provision
of a free appropriate public education to military
dependent students 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 dependent students with
special needs.
(3) Briefing and report.--Not later than March 31, 2021, the
Comptroller General of the United States shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing and a report the results of the study
conducted under paragraph (1).
(c) Definitions.--In this section:
(1) The term ``free appropriate public education'' has the
meaning given that term in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401).
(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 to 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. 589H. STUDIES AND REPORTS ON THE PERFORMANCE OF THE
DEPARTMENT OF DEFENSE EDUCATION
ACTIVITY.
(a) DOD Study and Report.--
(1) Study.--The Secretary of Defense shall conduct a study
on the performance of the Department of Defense Education
Activity.
(2) Elements.--The study under paragraph (1) shall include--
[[Page 134 STAT. 3665]]
(A) <<NOTE: Review.>> a review of the curriculum
relating to health, resiliency, and nutrition taught in
schools operated by the Department of Defense Education
Activity; and
(B) a comparison of such curriculum to benchmarks
established for the curriculum by the Department of
Defense Education Activity.
(3) 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 that includes the results of the study
conducted under paragraph (1).
(b) GAO Studies and Reports.--
(1) Studies.--The Comptroller General of the United States
shall conduct two studies on the performance of the Department
of Defense Education Activity as follows:
(A) <<NOTE: Analysis.>> One study shall analyze the
educational outcomes of students in schools operated by
the Department of Defense Education Activity compared to
the educational outcomes of students in public
elementary schools and public secondary schools (as
those terms are defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801 et seq.)) outside the Department of Defense.
(B) <<NOTE: Assessment.>> One study shall assess
the effectiveness of the School Liaison Officer program
of the Department of Defense Education Activity in
achieving the goals of the program with an emphasis on
goals relating to special education and family outreach.
(2) Reports.--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 Committees on Armed Services of the
Senate and the House of Representatives--
(A) a report that includes the results of the study
conducted under subparagraph (A) of paragraph (1); and
(B) a report that includes the results of the study
conducted under subparagraph (B) of such paragraph.
Subtitle J--Other Matters and Reports
SEC. 591. EXPANSION OF DEPARTMENT OF DEFENSE STARBASE PROGRAM.
(a) In General.--Section 2193b of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``science,
mathematics, and technology'' and inserting ``science,
technology, engineering, art and design, and mathematics'';
(2) in subsection (a), by striking ``science, mathematics,
and technology'' and inserting ``science, technology,
engineering, art and design, and mathematics''; and
(3) in subsection (b), by striking ``mathematics, science,
and technology'' and inserting ``science, technology,
engineering, art and design, and mathematics''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 111 of title 10, United States Code, <<NOTE: 10 USC 2191
prec.>> is amended
[[Page 134 STAT. 3666]]
by striking the item relating to section 2193b and inserting the
following new item:
``2193b. Improvement of education in technical fields: program for
support of elementary and secondary education in science,
technology, engineering, art and design, and mathematics.''.
SEC. 592. INCLUSION OF CERTAIN OUTLYING AREAS IN THE 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''.
SEC. 593. POSTPONEMENT OF CONDITIONAL DESIGNATION OF EXPLOSIVE
ORDNANCE DISPOSAL CORPS AS A BASIC BRANCH
OF THE ARMY.
Section 582(b) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. <<NOTE: 10 USC 7063 note.>> 763
note) is amended--
(1) in paragraph (1), by striking ``October 1, 2020'' and
inserting ``October 1, 2025''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``September 30, 2020'' and inserting
``September 30, 2025'';
(B) in subparagraph (B), by inserting ``, the
explosive ordnance disposal commandant (chief of
explosive ordnance disposal),'' before ``qualified'';
and
(C) by adding at the end the following new
subparagraph:
``(G) The explosive ordnance disposal commandant
(chief of explosive ordnance disposal) has determined
whether explosive ordnance disposal soldiers have the
appropriate skills necessary to support missions of
special operations forces (as identified in section
167(j) of title 10, United States Code). Such skills may
include airborne, air assault, combat diver, fast roping
insertion and extraction, helocasting, military free-
fall, and off-road driving.''.
SEC. 594. <<NOTE: Deadline. 10 USC 503 note.>> 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. 595. 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)--
[[Page 134 STAT. 3667]]
(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. 596. PLAN ON PERFORMANCE OF FUNERAL HONORS DETAILS BY MEMBERS
OF OTHER ARMED FORCES WHEN MEMBERS OF THE
ARMED FORCE OF THE DECEASED ARE
UNAVAILABLE.
(a) Briefing on Plan.--
(1) <<NOTE: Deadline.>> 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;
(B) the performance of the detail by members of
other Armed Forces is requested by the family of the
deceased; and
(C) the chief of the Armed Force of the deceased
verifies the eligibility of the deceased for such
funeral honors.
(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
detailed description of the authorities and requirements for the
implementation of the plan, including administrative, logistical,
coordination, and funding authorities and requirements.
SEC. 597. STUDY ON FINANCIAL IMPACTS OF THE CORONAVIRUS DISEASE
2019 ON MEMBERS OF THE ARMED FORCES AND
BEST PRACTICES TO PREVENT FUTURE FINANCIAL
HARDSHIPS.
(a) Study.--The Secretary of Defense shall conduct a study on the
financial hardships experienced by members of the Armed Forces
(including the reserve components) as a result of the Coronavirus
Disease 2019 (COVID-19) pandemic.
[[Page 134 STAT. 3668]]
(b) Elements.--The study shall--
(1) examine the financial hardships members of the Armed
Forces experience as a result of the COVID-19 pandemic,
including the effects of stop movement orders, loss of spousal
income, loss of hazardous duty incentive pay, school closures,
loss of childcare, loss of educational benefits, loss of drill
and exercise pay, cancelled deployments, and any additional
financial stressors identified by the Secretary;
(2) identify best practices to provide assistance for
members of the Armed Forces experiencing the financial hardships
listed in paragraph (1); and
(3) identify actions that can be taken by the Secretary to
prevent financial hardships listed in paragraph (1) from
occurring in the future.
(c) Consultation and Coordination.--For the purposes of the study,
the Secretary may--
(1) consult with the Director of the Consumer Financial
Protection Bureau; and
(2) with respect to members of the Coast Guard, coordinate
with the Secretary of Homeland Security.
(d) <<NOTE: Reports.>> Submission.--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 report on the study under subsection (a).
(e) Financial Hardship Defined.--In this section, the term
``financial hardship'' means a loss of income or an unforeseen expense
as a result of closures and changes in operations in response to the
COVID-19 pandemic.
SEC. 598. LIMITATION ON IMPLEMENTATION OF ARMY COMBAT FITNESS
TEST.
<<NOTE: Study.>> 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 of the Army, such as medical personnel.
SEC. 599. SEMIANNUAL REPORTS ON IMPLEMENTATION OF RECOMMENDATIONS
OF THE COMPREHENSIVE REVIEW OF SPECIAL
OPERATIONS FORCES CULTURE AND ETHICS.
(a) <<NOTE: Time period. Coordination.>> Semiannual Reports
Required.--Not later than March 1, 2021, and every 180 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:
[[Page 134 STAT. 3669]]
(1) <<NOTE: List.>> 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. 599A. REPORT ON IMPACT OF CHILDREN OF CERTAIN FILIPINO WORLD
WAR II VETERANS ON NATIONAL SECURITY,
FOREIGN POLICY, AND ECONOMIC AND
HUMANITARIAN INTERESTS OF THE UNITED
STATES.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Assessments.>> 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--MILITARY COMPENSATION
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay.
Sec. 602. Compensation and credit for retired pay purposes for maternity
leave taken by members of the reserve components.
Sec. 603. Provision of information regarding SCRA to members who receive
basic allowance for housing.
Sec. 604. Reorganization of certain allowances other than travel and
transportation allowances.
Sec. 605. Expansion of travel and transportation allowances to include
fares and tolls.
[[Page 134 STAT. 3670]]
Sec. 606. One-time uniform allowance for officers who transfer to the
Space Force.
Subtitle B--Bonuses and Special 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.
Sec. 613. Increase in certain hazardous duty incentive pay for members
of the uniformed services.
Sec. 614. Payment of hazardous duty incentive pay for members of the
uniformed services.
Sec. 615. Clarification of 30 days of continuous duty on board a ship
required for family separation allowance for members of the
uniformed services.
Subtitle C--Disability Pay, Retired Pay, and Family and Survivor
Benefits
Sec. 621. Modernization and clarification of payment of certain Reserves
while on duty.
Sec. 622. Restatement and clarification of authority to reimburse
members for spouse relicensing costs pursuant to a permanent
change of station.
Sec. 623. Expansion of death gratuity for ROTC graduates.
Sec. 624. Expansion of assistance for Gold Star spouses and other
dependents.
Sec. 625. Gold Star Families Parks Pass.
Sec. 626. Recalculation of financial assistance for providers of child
care services and youth program services for dependents.
Sec. 627. Priority for certain military family housing to a member of
the Armed Forces whose spouse agrees to provide family home
day care services.
Sec. 628. Study on feasibility and advisability of TSP contributions by
military spouses.
Sec. 629. Report on implications of expansion of authority to provide
financial assistance to civilian providers of child care
services or youth program services for survivors of members
of the Armed Forces who die in the line of duty.
Sec. 629A. Report on extension of commissary and exchange benefits for
surviving remarried spouses with dependent children of
members of the Armed Forces who die while on active duty or
certain reserve duty.
Subtitle D--Defense Resale Matters
Sec. 631. Base responders essential needs and dining access.
Sec. 632. First responder access to mobile exchanges.
Sec. 633. Updated business case analysis for consolidation of the
defense resale system.
Subtitle E--Other Personnel Rights and Benefits
Sec. 641. Approval of certain activities by retired and reserve members
of the uniformed services.
Sec. 642. Permanent authority for and enhancement of the Government
lodging program.
Sec. 643. Operation of Stars and Stripes.
Subtitle A--Pay and Allowances
SEC. 601. <<NOTE: 37 USC 1009 note.>> INCREASE IN BASIC PAY.
<<NOTE: Effective date.>> Effective on January 1, 2021, the rates
of monthly basic pay for members of the uniformed services are increased
by 3.0 percent.
SEC. 602. 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 at the end the following new paragraph:
``(4) for each of six days for each period during which the
member is on maternity leave.''.
(b) Credit for Retired Pay Purposes.--
[[Page 134 STAT. 3671]]
(1) <<NOTE: 10 USC 12732 note.>> 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, as
amended by section 516 of this Act, is further amended--
(A) by inserting after subparagraph (F) the
following new subparagraph:
``(G) Points at the rate of 12 per period during
which the member is on maternity leave.''; and
(B) in the matter following subparagraph (G), as
inserted by subparagraph (A), by striking ``and (F)''
and inserting ``(F), and (G)''.
(5) Computation of years of service for retired pay.--
Section 12733 of such title is amended--
(A) by redesignating paragraph (5) as paragraph (6);
and
(B) by inserting after paragraph (4) the following
new paragraph (5):
``(5) One day for each point credited to the person under
subparagraph (F) of section 12732(a)(2) of this title.''.
(c) <<NOTE: Applicability. 10 USC 12732 note.>> 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.
SEC. 603. PROVISION OF INFORMATION REGARDING SCRA TO MEMBERS WHO
RECEIVE BASIC ALLOWANCE FOR HOUSING.
Section 403 of title 37, United States Code, is amended by adding at
the end the following:
``(p) Information on Rights and Protections Under Servicemembers
Civil Relief Act.--The Secretary concerned shall provide to each member
of a uniformed service who receives a basic allowance for housing under
this section information on the rights and protections available to such
member under the Servicemembers Civil Relief Act (50 U.S.C. 3901 et
seq.)--
``(1) when such member first receives such basic allowance
for housing; and
``(2) each time such member receives a permanent change of
station.''.
SEC. 604. REORGANIZATION OF CERTAIN ALLOWANCES OTHER THAN TRAVEL
AND TRANSPORTATION ALLOWANCES.
(a) Per Diem for Duty Outside the Continental United States.--
[[Page 134 STAT. 3672]]
(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).
(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 title 37, United States Code, <<NOTE: 37 USC 401
prec.>> is amended--
(A) by inserting after the item relating to section
403b the following new item:
``405. Travel and transportation allowances: 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 title 37, United States Code, <<NOTE: 37 USC 451
prec.>> is amended by striking the items relating to sections
475 and 495.
SEC. 605. EXPANSION OF TRAVEL AND TRANSPORTATION ALLOWANCES TO
INCLUDE FARES AND TOLLS.
Section 452(c)(1) of title 37, United States Code, is amended by
inserting ``(including fares and tolls, without regard to distance
travelled)'' after ``transportation''.
SEC. 606. <<NOTE: 37 USC 416 note.>> ONE-TIME UNIFORM ALLOWANCE
FOR OFFICERS WHO TRANSFER TO THE SPACE
FORCE.
(a) <<NOTE: Reimbursement.>> In General.--The Secretary of the Air
Force may provide an officer who transfers from the Army, Navy, Air
Force, or Marine Corps to the Space Force an allowance of not more than
$400 as reimbursement for the purchase of required uniforms and
equipment.
(b) Relationship to Other Allowances.--The allowance under this
section is in addition to any allowance available under any other
provision of law.
(c) Source of Funds.--Funds for allowances provided under subsection
(a) in a fiscal year may be derived only from amounts authorized to be
appropriated for military personnel of the Space Force for such fiscal
year.
(d) Applicability.--The authority for an allowance under this
section shall apply with respect to any officer described in subsection
(a) who transfers to the Space Force--
(1) <<NOTE: Time period.>> during the period beginning on
December 20, 2019, and ending on September 30, 2022; and
(2) <<NOTE: Effective date.>> on or after the date the
Secretary of the Air Force prescribes the official uniform for
the Space Force.
[[Page 134 STAT. 3673]]
Subtitle B--Bonuses and Special 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.
Public Law 116 - 283 - William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
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Publish Date: Dec 14, 2023
Scanned and Processed on: Sep 23, 2024
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