H R 6395 One Hundred Sixteenth Congress of the United States of America AT T H E S E C O N D S E S S I O N Begun and held at the City of Washington on Friday the third day of January two thousand and twenty An Act To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense for military construction and for defense activities of the Department of Energy to prescribe military personnel strengths for such fiscal year and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled SECTION 1 SHORT TITLE This Act may be cited as the ‘‘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 Sec Sec Sec 1 2 3 4 Short title Organization of Act into divisions table of contents Congressional defense committees 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 H R 6395—2 Sec Sec Sec Sec Sec 122 123 124 125 126 Limitations on Navy medium and large unmanned surface vessels Fighter force structure acquisition strategy Procurement authorities for certain amphibious shipbuilding programs Land-based test program for the FFG X Frigate program 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 Sec Sec Sec Sec Sec Sec Sec Sec 131 132 133 134 135 136 137 138 Sec 139 Sec 140 Sec 141 Sec 142 Sec Sec Sec Sec 143 144 145 146 Sec 147 Subtitle D—Air Force Programs Minimum operational squadron level Modification of force structure objectives for bomber aircraft Minimum bomber aircraft force level Required minimum inventory of tactical airlift aircraft Inventory requirements for air refueling tanker aircraft Authority to use F–35A fighter aircraft AT–1 through AT–6 F–35 aircraft gun system ammunition Extension of limitation on availability of funds for retirement of RC–135 aircraft Modification to limitation on retirement of U–2 and RQ–4 aircraft Modification of limitation on availability of funds for retirement of E–8 JSTARS aircraft Limitation on divestment of F–15C aircraft within the European theater Modernization plan for airborne intelligence surveillance and reconnaissance RC–26B manned intelligence surveillance and reconnaissance aircraft Prohibition on funding for Close Air Support Integration Group Required solution for KC–46 aircraft remote visual system limitations Analysis of moving target indicator requirements and Advanced Battle Management System capabilities 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 H R 6395—3 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 Sec Sec Sec Sec Sec Sec Sec 261 262 263 264 265 266 267 Subtitle E—Sustainable Chemistry National coordinating entity for sustainable chemistry Strategic plan for sustainable chemistry Agency activities in support of sustainable chemistry Partnerships in sustainable chemistry Prioritization Rule of construction 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 H R 6395—4 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 H R 6395—5 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 Sec Sec Sec Sec 351 352 353 354 Sec Sec Sec Sec Sec 361 362 363 364 365 Sec 366 Sec 367 Sec 368 Sec 369 Sec 370 Subtitle D—Munitions Safety and Oversight Chair of Department of Defense explosive safety board Explosive Ordnance Disposal Defense Program Assessment of resilience of Department of Defense munitions enterprise Report on safety waivers and mishaps in Department of Defense munitions enterprise Subtitle E—Other Matters Pilot program for temporary issuance of maternity-related uniform items Servicewomen’s Commemorative Partnerships Biodefense analysis and budget submission Update of National Biodefense Implementation Plan Plans and reports on emergency response training for military installations Inapplicability of congressional notification and dollar limitation requirements for advance billings for certain background investigations Adjustment in availability of appropriations for unusual cost overruns and for changes in scope of work Requirement that Secretary of Defense implement security and emergency response recommendations relating to active shooter or terrorist attacks on installations of Department of Defense Clarification of food ingredient requirements for food or beverages provided by the Department of Defense 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 End strengths for Selected Reserve End strengths for Reserves on active duty in support of the Reserves End strengths for military technicians dual status 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 nontemporary military technicians dual status and end strengths for temporary military technicians dual status Sec Sec Sec Sec 411 412 413 414 Subtitle C—Authorization of Appropriations Sec 421 Military personnel H R 6395—6 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 H R 6395—7 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 H R 6395—8 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 H R 6395—9 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 H R 6395—10 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 H R 6395—11 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 H R 6395—12 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 H R 6395—13 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 H R 6395—14 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 Sec Sec Sec Sec 1071 1072 1073 1074 Sec 1075 Sec 1076 Sec 1077 Sec 1078 Sec 1079 Subtitle F—Studies and Reports FFRDC study of explosive ordnance disposal agencies Study on force structure for Marine Corps aviation Report on joint training range exercises for the Pacific region Reports on threats to United States forces from small unmanned aircraft systems worldwide Under Secretary of Defense Comptroller reports on improving the budget justification and related materials of the Department of Defense Quarterly briefings on Joint All Domain Command and Control effort Report on civilian casualty resourcing and authorities Comptroller General Review of Department of Defense efforts to prevent resale of goods manufactured by forced labor in commissaries and exchanges 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 H R 6395—15 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 H R 6395—16 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 H R 6395—17 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 H R 6395—18 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 Sec 1271 Sec 1272 Sec 1273 Sec 1274 Sec 1275 Sec Sec Sec H—United States Israel Security Assistance Authorization Act of 2020 Short title Sense of Congress on United States-Israel relationship Security assistance for Israel Extension of war reserves stockpile authority Rules governing the transfer of precision-guided munitions to Israel above the annual restriction 1276 Eligibility of Israel for the strategic trade authorization exception to certain export control licensing requirements 1277 United States Agency for International Development memoranda of understanding to enhance cooperation with Israel 1278 Cooperative projects among the United States Israel and developing countries 1279 Joint cooperative program related to innovation and high-tech for the Middle East region 1280 Cooperation on directed energy capabilities 1280A Other matters of cooperation 1280B Appropriate congressional committees defined Sec Sec Sec Sec Sec 1281 1282 1283 1284 1285 Sec Sec Sec Sec Subtitle I—Global Child Thrive Act of 2020 Short title Sense of Congress Assistance to improve early childhood outcomes globally Special advisor for assistance to orphans and vulnerable children 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 H R 6395—19 Sec Sec Sec Sec Sec Sec 1299N 1299O 1299P 1299Q 1299R 1299S Payment of passport fees for certain individuals Resumption of Peace Corps operations Establishment of the Open Technology Fund United States Agency for Global Media Leveraging information on foreign traffickers 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 Sec Sec Sec Sec Sec 1401 1402 1403 1404 1405 Subtitle A—Military Programs Working capital funds Chemical agents and munitions destruction defense Drug interdiction and counter-drug activities defense-wide Defense Inspector General 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 Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 Subtitle A—Authorization of Appropriations Purpose Overseas contingency operations Procurement Research development test and evaluation Operation and maintenance Military personnel Working capital funds Drug interdiction and counter-drug activities defense-wide Defense Inspector General 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 H R 6395—20 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 H R 6395—21 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 H R 6395—22 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 Sec Sec Sec Sec Sec 1806 1807 1808 1809 1810 Subtitle A—Definitions Definitions General matters Defense acquisition system Budgeting and appropriations 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 Awarding of contracts Specific types of contracts Other matters relating to awarding of contracts Undefinitized contractual actions Task and delivery order contracts Acquisition of commercial products and commercial services Multiyear contracts Simplified acquisition procedures Rapid acquisition procedures Contracts for long-term lease or charter of vessels aircraft and combat vehicles Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 Sec Sec Sec Sec Sec Sec Sec Sec 1831 1832 1833 1834 1835 1836 1837 1838 Subtitle D—General Contracting Provisions Cost or pricing data Allowable costs Proprietary contractor data and rights in technical data Contract financing Contractor audits and accounting Claims and disputes Foreign acquisitions Socioeconomic programs Sec Sec Sec Sec Sec 1841 1842 1843 1844 1845 Subtitle E—Research and Engineering Research and engineering generally Innovation Department of Defense laboratories Research and development centers and facilities 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 H R 6395—23 Sec 1862 Prohibitions and penalties Sec 1863 Contractor workforce Sec 1864 Other administrative matters Sec Sec Sec Sec Sec Sec Sec Sec 1866 1867 1868 1869 1870 1871 1872 1873 Subtitle I—Defense Industrial Base Defense industrial base generally Policies and planning Development application and support of dual-use technologies Manufacturing technology Other technology base policies and programs Small business programs Procurement technical assistance cooperative agreement program 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 Sec Sec Sec Sec Sec 2101 2102 2103 2104 2105 TITLE XXI—ARMY MILITARY CONSTRUCTION Authorized Army construction and land acquisition projects Family housing Authorization of appropriations Army Limitation on military construction project at Kwajalein Atoll 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 Sec Sec Sec Sec Sec Sec Sec 2301 2302 2303 2304 2305 2306 2307 TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION Authorized Air Force construction and land acquisition projects Family housing and improvements to military family housing units Authorization of appropriations Air Force Modification of authority to carry out certain fiscal year 2018 project Modification of authority to carry out certain fiscal year 2019 projects Modification of authority to carry out certain fiscal year 2020 projects 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 H R 6395—24 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 H R 6395—25 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 H R 6395—26 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 Sec Sec Sec Sec 3101 3102 3103 3104 Subtitle A—National Security Programs and Authorizations National Nuclear Security Administration Defense environmental cleanup Other defense activities 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 H R 6395—27 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 H R 6395—28 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 Sec Sec Sec Sec Sec Sec TITLE LI—NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE 5101 National Artificial Intelligence Initiative 5102 National Artificial Intelligence Initiative Office 5103 Coordination by Interagency Committee 5104 National Artificial Intelligence Advisory Committee 5105 National Academies artificial intelligence impact study on workforce 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 H R 6395—29 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 H R 6395—30 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 Sec 8204 Sec 8205 Sec 8206 Subtitle A—Military Personnel Matters Grade on retirement Authority for officers to opt out of promotion board consideration Temporary promotion authority for officers in certain grades with critical skills Career intermission program Direct commissioning authority for individuals with critical skills Employment assistance Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Subtitle B—Organization and Management Matters Congressional affairs Director Limitations on claims Renewal of temporary early retirement authority Major acquisitions operation and sustainment costs Support of women serving in the Coast Guard Disposition of infrastructure related to E–LORAN Positions of importance and responsibility Research projects transactions other than contracts and grants Acquisition workforce authorities Vessel conversion alteration and repair projects Modification of acquisition process and procedures Establishment and purpose of Fund definition Payments from Fund Determination of contributions to Fund Payments into Fund Sec 8201 Sec 8202 Sec 8203 8211 8212 8213 8214 8215 8216 8217 8218 8219 8220 8221 8222 8223 8224 8225 Subtitle C—Access to Child Care for Coast Guard Families Report on child care and school-age care assistance for qualified families Review of family support services website and online tracking system Study and survey on Coast Guard child care needs Pilot program to expand access to child care Improvements to Coast Guard-owned family housing 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 Sec Sec Sec Sec Sec Sec 8231 8232 8233 8234 8235 8236 Sec Sec Sec Sec Sec 8240 8241 8242 8243 8244 Sec 8245 Sec 8246 Sec Sec Sec Sec Sec Sec 8247 8248 8249 8250 8251 8252 Subtitle D—Reports Modifications of certain reporting requirements Report on cybersecurity workforce Report on navigation and bridge resource management Report on helicopter life-cycle support and recapitalization Report on Coast Guard response capabilities for cyber incidents on vessels entering ports or waters of the United States Study and report on Coast Guard interdiction of illicit drugs in transit zones Report on liability limits set in section 1004 of the Oil Pollution Act of 1990 Report on Coast Guard defense readiness resources allocation Report on the feasibility of liquefied natural gas fueled vessels Coast Guard authorities study Report on effects of climate change on Coast Guard Shore infrastructure Coast Guard housing status and authorities briefing H R 6395—31 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 Sec Sec Sec Sec Sec Sec Sec Sec 8271 8272 8273 8274 8275 8276 8277 8278 Subtitle E—Coast Guard Academy Improvement Act Short title Coast Guard Academy study Annual report Assessment of Coast Guard Academy admission processes Coast Guard Academy minority outreach team program Coast Guard college student pre-commissioning initiative Annual board of visitors 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 Sec Sec Sec Sec 8301 8302 8303 8304 Sec Sec Sec Sec Sec Sec Sec 8311 8312 8313 8314 8315 8316 8317 Sec Sec Sec Sec Sec 8318 8319 8320 8321 8322 Subtitle A—Navigation Electronic charts equivalency Subrogated claims Loan provisions under Oil Pollution Act of 1990 Oil pollution research and development program Subtitle B—Shipping Passenger vessel security and safety requirements application Small passenger vessels and uninspected passenger vessels Non-operating individual Conforming amendments training public safety personnel Maritime transportation assessment Engine cut-off switches use requirement Authority to waive operator of self-propelled uninspected passenger vessel requirements Exemptions and equivalents Renewal of merchant mariner licenses and documents Certificate extensions Vessel safety standards Medical standards Subtitle C—Advisory Committees Sec 8331 Advisory committees Sec 8332 Maritime Transportation System National Advisory Committee Sec 8333 Expired maritime liens H R 6395—32 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 Sec Sec Sec Sec Sec Sec 8341 8342 8343 8344 8345 8346 Subtitle D—Ports Port harbor and coastal facility security Aiming laser pointer at vessel Safety of special activities Security plans reviews Vessel traffic service Transportation work identification card pilot program TITLE LVXXXIV—MISCELLANEOUS Sec Sec Sec Sec Sec 8401 8402 8403 8404 8405 Subtitle A—Navigation and Shipping Coastwise trade Towing vessels operating outside boundary line Sense of Congress regarding the maritime industry of the United States Cargo preference study Towing vessel inspection fees review Subtitle B—Maritime Domain Awareness Unmanned maritime systems and satellite vessel tracking technologies Unmanned aircraft systems testing Land-based unmanned aircraft system program of Coast Guard 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 Sec Sec Sec Sec 8411 8412 8413 8414 Sec Sec Sec Sec Sec Sec 8421 8422 8423 8424 8425 8426 Sec Sec Sec Sec Sec Sec 8431 8432 8433 8434 8435 8436 Sec 8437 Sec 8438 Sec 8439 Sec 8440 Sec 8441 Sec Sec Sec Sec Sec Sec Sec Sec Subtitle C—Arctic Coast Guard Arctic prioritization Arctic PARS Native engagement Voting requirement Report on the Arctic capabilities of the Armed Forces Report on Arctic search and rescue Arctic Shipping Federal Advisory Committee Subtitle D—Other Matters Plan for wing-in-ground demonstration plan Northern Michigan oil spill response planning Documentation of LNG tankers Replacement vessel Educational vessel Waters deemed not navigable waters of the United States for certain purposes Anchorages Comptroller General of the United States study and report on vertical evacuation for tsunamis at Coast Guard Stations in Washington and Oregon Authority to enter into agreements with National Coast Guard Museum Association Video equipment access and retention of records Regulations for covered small passenger vessels TITLE LVXXXV—TECHNICAL CONFORMING AND CLARIFYING AMENDMENTS 8501 Transfers 8502 Additional transfers 8503 License exemptions repeal of obsolete provisions 8504 Maritime transportation system 8505 References to ‘‘persons’’ and ‘‘seamen’’ 8506 References to ‘‘himself’’ and ‘‘his’’ 8507 Miscellaneous technical corrections 8508 Technical corrections relating to codification of Ports and Waterways Safety Act H R 6395—33 Sec Sec Sec Sec Sec 8509 8510 8511 8512 8513 Aids to navigation Transfers related to employees of Lighthouse Service Transfers related to surviving spouses of Lighthouse Service employees Repeals related to lighthouse statutes Common appropriation structure Sec Sec Sec Sec Sec 8601 8602 8603 8604 8605 TITLE LVXXXVI—FEDERAL MARITIME COMMISSION Short title Authorization of appropriations Unfinished proceedings National Shipper Advisory Committee Transfer of Federal Maritime Commission provisions DIVISION H—OTHER MATTERS TITLE XC—HOMELAND SECURITY MATTERS Department of Homeland Security CISA Director Sector risk management agencies Review and analysis of inland waters seaport security 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 Sec Sec Sec Sec 9001 9002 9003 9004 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 Sec Sec Sec Sec 9201 9202 9203 9204 TITLE XCII—COMMUNICATIONS MATTERS Reliable emergency alert distribution improvement Wireless supply chain innovation and multilateral security Spectrum information technology modernization efforts 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 H R 6395—34 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 Sec Sec Sec Sec 9711 9712 9713 9714 Subtitle B—Combating Russian Money Laundering Short title Statement of policy Sense of Congress Determination with respect to primary money laundering concern of Russian illicit finance Sec Sec Sec Sec 9721 9722 9723 9724 Subtitle C—Other Matters Certified notice at completion of an assessment Ensuring Chinese debt transparency Accountability for World Bank Loans to China Fairness for Taiwan nationals regarding employment at international financial institutions Sec Sec Sec Sec Sec Sec Sec Sec TITLE XCIX—CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS FOR AMERICA 9901 Definitions 9902 Semiconductor incentives 9903 Department of Defense 9904 Department of Commerce study on status of microelectronics technologies in the United States industrial base 9905 Funding for development and adoption of measurably secure semiconductors and measurably secure semiconductors supply chains 9906 Advanced microelectronics research and development 9907 Prohibition relating to foreign entities of concern 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 CONGRESSIONAL DEFENSE COMMITTEES In this Act the term ‘‘congressional defense committees’’ has the meaning given that term in section 101 a 16 of title 10 United States Code H R 6395—35 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 Limitation on alteration of the Navy fleet mix Limitations on Navy medium and large unmanned surface vessels Fighter force structure acquisition strategy Procurement authorities for certain amphibious shipbuilding programs Land-based test program for the FFG X Frigate program 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 Sec Sec Sec Sec Sec Sec 121 122 123 124 125 126 Sec Sec Sec Sec Sec Sec Sec Sec 131 132 133 134 135 136 137 138 Sec 139 Sec 140 Sec 141 Sec 142 Sec Sec Sec Sec 143 144 145 146 Sec 147 Subtitle D—Air Force Programs Minimum operational squadron level Modification of force structure objectives for bomber aircraft Minimum bomber aircraft force level Required minimum inventory of tactical airlift aircraft Inventory requirements for air refueling tanker aircraft Authority to use F–35A fighter aircraft AT–1 through AT–6 F–35 aircraft gun system ammunition Extension of limitation on availability of funds for retirement of RC–135 aircraft Modification to limitation on retirement of U–2 and RQ–4 aircraft Modification of limitation on availability of funds for retirement of E–8 JSTARS aircraft Limitation on divestment of F–15C aircraft within the European theater Modernization plan for airborne intelligence surveillance and reconnaissance RC–26B manned intelligence surveillance and reconnaissance aircraft Prohibition on funding for Close Air Support Integration Group Required solution for KC–46 aircraft remote visual system limitations Analysis of moving target indicator requirements and Advanced Battle Management System capabilities 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 H R 6395—36 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 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 For the deadline specified in paragraph 1 A if the Secretary determines that sufficient funds have not been appropriated to enable the Secretary to meet such deadline ‘‘ B For the deadline specified in paragraph 1 B if the Secretary submits to the congressional defense committees a certification that— ‘‘ i allocating resources toward procurement of an integrated enduring capability would provide robust tiered and layered protection to the joint force or H R 6395—37 ‘‘ 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 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 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 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 H R 6395—38 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 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 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 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 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 landbased 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 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 H R 6395—39 d LIMITATION ON CONTRACT AWARD OR FUNDING — 1 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 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 LIMITATION ON DEVIATION FROM STRATEGY —The Secretary of the Navy may not deviate from the strategy submitted under subsection a until— 1 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 H R 6395—40 b CERTIFICATION REQUIRED —A contract may not be entered into under subsection a unless the Secretary of the Navy certifies to the congressional defense committees in writing not later than 30 days before entry into the contract each of the following which shall be prepared by the milestone decision authority for such programs 1 The use of such a contract is consistent with the 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 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 H R 6395—41 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 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 H R 6395—42 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 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 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 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 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 H R 6395—43 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 MODIFICATION OF FORCE STRUCTURE OBJECTIVES FOR BOMBER AIRCRAFT a MINIMUM LEVEL FOR ALL BOMBER AIRCRAFT — 1 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 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 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— H R 6395—44 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 FORM —The report under subsection a shall be submitted in unclassified form but may include a classified annex d 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 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 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 H R 6395—45 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 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 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 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 THROUGH AT–6 USE F–35A FIGHTER AIRCRAFT AT–1 a 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 longterm storage at Edwards Air Force Base California b 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 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 H R 6395—46 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 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 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 — H R 6395—47 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 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 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 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 ELEMENTS —The plan required by paragraph 1 shall include the following A 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 H R 6395—48 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 a strategy for carrying out such plan through fiscal year 2030 2 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 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 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 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 H R 6395—49 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 Not later than February 1 2021 the Secretary shall submit to the congressional defense committees an implementation strategy for the solution SEC 146 ANALYSIS OF MOVING TARGET INDICATOR REQUIREMENTS AND ADVANCED BATTLE MANAGEMENT SYSTEM CAPABILITIES a ANALYSIS —Not later than April 1 2021 the Secretary of the Air Force in consultation with the commanders of the combatant commands shall develop an analysis of current and future moving target indicator requirements across the combatant commands and operational and tactical level command and control capabilities the Advanced Battle Management System ABMS will require when fielded b JROC REQUIREMENTS — 1 IN GENERAL —Not later than 60 days after the Secretary of the Air Force develops the analysis under subsection a the Joint Requirements Oversight Council JROC shall certify that requirements for the Advanced Battle Management System incorporate the findings of the analysis 2 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 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 H R 6395—50 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 ‘‘§ 231a Budgeting for life-cycle costs of aircraft for the Army Navy and Air Force annual plan and certification ‘‘ a 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 H R 6395—51 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 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 The estimated levels of annual investment funding necessary to carry out each aircraft program together with a discussion of the procurement strategies on which such estimated levels of annual investment funding are based set forth in aggregate for the Department of Defense and in aggregate for each military department ‘‘ D The estimated level of annual funding necessary to operate maintain sustain and support each aircraft program throughout the life-cycle of the program set forth in aggregate for the Department of Defense and in aggregate for each military department ‘‘ E For each of the cost estimates required by subparagraphs C and D — ‘‘ i a description of whether the cost estimate is derived from the cost estimate position of the military department 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 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 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 H R 6395—52 ‘‘ 4 Each annual aircraft procurement plan shall be submitted in unclassified form and shall contain a classified annex A summary version of the unclassified report shall be made available to the public ‘‘ d ASSESSMENT WHEN AIRCRAFT PROCUREMENT BUDGET IS INSUFFICIENT TO MEET APPLICABLE REQUIREMENTS —If the budget for 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 ’’ H R 6395—53 b CLERICAL AMENDMENT —The table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 231 the following new item ‘‘231a Budgeting for life-cycle costs of aircraft for the Army Navy and Air Force annual plan and certification ’’ SEC 152 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 The analysis conducted to determine the electromagnetic spectrum operations organization including the input in the plan or analysis of the results of consultation H R 6395—54 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 learningor 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 H R 6395—55 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 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 futureyears 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 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 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 H R 6395—56 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 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 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 H R 6395—57 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 CERTIFICATION ON DIRECTIVE OF IAMD RESPONSIBILITIES 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 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 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 Projected timelines for development procurement and fielding of needed capabilities to defend AND H R 6395—58 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 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 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 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 H R 6395—59 c SECRETARY OF THE MILITARY DEPARTMENT BRIEFINGS ON RESPONSE TO IAMD ASSESSMENT — 1 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 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 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 counterunmanned 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 H R 6395—60 a functional capability and capacity to meet the requirements of the combatant commands SEC 156 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 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 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 multidomain 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 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 H R 6395—61 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 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 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 All reports required by section 167 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1250 4 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 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 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 The following reports for the F–35 aircraft program as prepared by the Director of Operational Test and Evaluation H R 6395—62 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 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 A certification that the F–35A aircraft meets required mission reliability performance using an average sortie duration of 2 hours and 30 minutes 10 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 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 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 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 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 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 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 H R 6395—63 costs of designing procuring and fielding the F–35 Operational Data Integrated Network system b 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 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 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 H R 6395—64 SEC 163 PROHIBITION ON USE OVERWATCH PROGRAM OF FUNDS FOR THE ARMED 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 IMMEDIATE OBJECTIVE FOR EXECUTIVE SUAS —The Executive Agent of the Joint Counter AGENT FOR C– 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 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— H R 6395—65 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 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 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 H R 6395—66 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 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 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 H R 6395—67 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 Sec Sec Sec Sec Sec Sec Sec 261 262 263 264 265 266 267 Subtitle E—Sustainable Chemistry National coordinating entity for sustainable chemistry Strategic plan for sustainable chemistry Agency activities in support of sustainable chemistry Partnerships in sustainable chemistry Prioritization Rule of construction 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 H R 6395—68 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 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 For purposes of this subsection the term ‘cost’ means the total value of cash and non-cash contributions ’’ H R 6395—69 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 ‘‘§ 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 is amended by adding at the end the following new item ‘‘2374b Disclosure requirements for recipients of research and development funds ’’ b 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 H R 6395—70 ‘‘ 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 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’’ H R 6395—71 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 develop and annually update a list of technical problems and research challenges which are likely to be addressable by quantum computers available for use within in the next one to three years with a priority for technical problems and challenges where quantum computing systems have performance advantages over traditional computing systems in order to enhance the capabilities of such quantum computers and support the addressing of relevant technical problems and research challenges and ‘‘ 2 establish programs and enter into agreements with appropriate medium and small businesses with functional quantum computing capabilities to provide such private sector capabilities to government industry and academic researchers working on relevant technical problems and research activities ’’ SEC 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 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— H R 6395—72 ‘‘ 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 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 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 ’’ H R 6395—73 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 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 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 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— H R 6395—74 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 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 H R 6395—75 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 H R 6395—76 ‘‘ 6 Coordinate with relevant stakeholders and agencies to support the technological advantage of the United States in developing hypersonic systems ’’ SEC 218 EXECUTIVE AGENT FOR AUTONOMY a 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 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 H R 6395—77 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 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 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 H R 6395—78 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— H R 6395—79 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 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 longterm 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 H R 6395—80 iii and the ability of such advances and innovations to enhance the efficiency and effectiveness of the Department and 4 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 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 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 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 — H R 6395—81 1 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 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 H R 6395—82 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 a timeline for the technical maturation of such product line capabilities and C 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 decisionmaking 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 —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 ACTIVITIES TO IMPROVE FIELDING HYPERSONIC CAPABILITIES OF AIR FORCE 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 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- H R 6395—83 breathing hypersonic weapons capabilities within the period of three years following such date of enactment d 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 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 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 certify that the disclosure is current accurate and complete and C 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 H R 6395—84 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 H R 6395—85 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 GOVERNANCE OF FIFTH-GENERATION WIRELESS NETWORKING IN THE DEPARTMENT OF DEFENSE a TRANSITION OF 5G WIRELESS NETWORKING TO OPERATIONAL USE — 1 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 A timeline for the transition of responsibility for 5G wireless networking to the Chief Information Officer as required under subsection b 1 B 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 INTERIM BRIEFING —Not later than March 31 2021 the Secretary of Defense shall provide to the congressional H R 6395—86 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 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 H R 6395—87 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 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 crossfunctional 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 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 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 H R 6395—88 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 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 noncommercial 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 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 a comprehensive assessment of the findings and conclusions of the program under paragraph 1 B 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 fifthgeneration 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 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 H R 6395—89 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 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 H R 6395—90 d 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 UNMANNED VESSELS AWARDS FOR CERTAIN a 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 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 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 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 H R 6395—91 such covered vessel that cannot otherwise be met through further land-based subsystem prototyping or other demonstration approaches d LIMITATION ON WEAPON INTEGRATION — 1 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 will comply with applicable laws including the law of armed conflict with a detailed explanation of how such compliance will be achieved and B 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 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 Estimated research development test and evaluation cost of baseline and each alternative I Estimated lead vessel and average follow-on vessel procurement costs of baseline and each alternative J Life-cycle costs of baseline and each alternative H R 6395—92 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 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 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 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 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— H R 6395—93 ‘‘ 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 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 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 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 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 H R 6395—94 ‘‘ 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 intelligenceenabling 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 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 determines that the Director should continue to report to Deputy Secretary without intervening authority and ‘‘ ii transmits notice of such determination to the congressional defense committees H R 6395—95 ‘‘ 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 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 H R 6395—96 dated June 27 2018 and titled ‘Establishment of the Joint Artificial Intelligence Center’ or any successor to such Center ’’ SEC 233 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 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 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 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 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 H R 6395—97 Defense as the Secretary considers appropriate including the chief data officers and chief management officers of the military departments shall identify a set of no fewer than five use cases of the application of existing artificial intelligence enabled systems to support improved management of enterprise acquisition personnel audit or financial management functions or other appropriate management functions that are consistent with reform efforts that support the National Defense Strategy b PROTOTYPING ACTIVITIES ALIGNED TO USE CASES —The Secretary acting through the Under Secretary of Defense for Research and Engineering and in coordination with the Director of the Joint Artificial Intelligence Center and such other officers and employees as the Secretary considers appropriate shall pilot technology development and prototyping activities that leverage commercially available technologies and systems to demonstrate new artificial intelligence enabled capabilities to support the use cases identified under subsection a c BRIEFING —Not later than October 1 2021 the Secretary shall provide to the congressional defense committees a briefing summarizing the activities carried out under this section SEC 235 ACQUISITION OF ETHICALLY AND RESPONSIBLY DEVELOPED ARTIFICIAL INTELLIGENCE TECHNOLOGY a ASSESSMENT REQUIRED — 1 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 H R 6395—98 b BRIEFING REQUIRED — 1 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 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— H R 6395—99 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 MEASURING AND INCENTIVIZING PROGRAMMING PROFICIENCY a 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 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 H R 6395—100 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 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 ‘‘§ 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 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 is amended by inserting H R 6395—101 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 H R 6395—102 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 ENCOURAGEMENT OF CONTRACTOR SCIENCE TECHNOLOGY ENGINEERING AND MATHEMATICS STEM PROGRAMS a 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 H R 6395—103 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 workbased 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 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 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 TRAINING PROGRAM FOR HUMAN RESOURCES PERSONNEL IN BEST PRACTICES FOR TECHNICAL WORKFORCE a PILOT TRAINING PROGRAM — 1 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 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 H R 6395—104 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 PILOT PROGRAM ON THE USE OF ELECTRONIC PORTFOLIOS TO EVALUATE CERTAIN APPLICANTS FOR TECHNICAL POSITIONS a 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 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 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 H R 6395—105 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 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 recommend whether the use of electronic portfolios in the hiring process should be expanded or made permanent and 5 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 PILOT PROGRAM ON SELF-DIRECTED ADVANCED TECHNOLOGIES TRAINING IN a 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 H R 6395—106 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 PART-TIME AND TERM EMPLOYMENT OF UNIVERSITY FACULTY AND STUDENTS IN THE DEFENSE SCIENCE AND TECHNOLOGY ENTERPRISE a PROGRAM REQUIRED —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall establish a program 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 H R 6395—107 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 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 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 H R 6395—108 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 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 evaluate the potential for new programs fellowships and other activities at historically Black colleges or universities H R 6395—109 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 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 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 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 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 H R 6395—110 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 NATIONAL COORDINATING ENTITY FOR SUSTAINABLE CHEMISTRY a ESTABLISHMENT —Not later than 180 days after the date of enactment of this title the Director of the Office of Science and Technology Policy shall convene an interagency entity referred to in this 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 H R 6395—111 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 STRATEGIC PLAN FOR SUSTAINABLE CHEMISTRY a STRATEGIC PLAN —Not later than 2 years after the date of the enactment of this subtitle the Entity shall— 1 consult with relevant stakeholders including representatives from industry academia national labs the Federal Government and international entities to develop and update as needed a consensus definition of ‘‘sustainable chemistry’’ to guide the activities under this subtitle 2 develop a working framework of attributes characterizing and metrics for assessing sustainable chemistry as described in subsection b 3 assess the state of sustainable chemistry in the United States as a key benchmark from which progress under the activities described in this title can be measured including assessing key sectors of the United States economy key technology platforms commercial priorities and barriers to innovation 4 coordinate and support Federal research development demonstration technology transfer commercialization education and training efforts in sustainable chemistry including budget coordination and support for public-private partnerships as appropriate 5 identify any Federal regulatory barriers to and opportunities for Federal agencies facilitating the development of incentives for development consideration and use of sustainable chemistry processes and products 6 identify major scientific challenges roadblocks and hurdles to transformational progress in improving the sustainability of the chemical sciences and 7 review identify and make effort to eliminate duplicative Federal funding and duplicative Federal research in sustainable chemistry b CHARACTERIZING AND ASSESSING SUSTAINABLE CHEMISTRY —The Entity shall develop a working framework of attributes characterizing and metrics for assessing sustainable chemistry for the purposes of carrying out 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 H R 6395—112 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 a summary of federally funded sustainable chemistry research development demonstration technology transfer commercialization education and training activities B a summary of the financial resources allocated to sustainable chemistry initiatives by each participating agency C an assessment of the current state of sustainable chemistry in the United States including the role that Federal agencies are playing in supporting it D an analysis of the progress made toward achieving the goals and priorities of this subtitle and recommendations for future program activities E an evaluation of steps taken and future strategies to avoid duplication of efforts streamline interagency coordination facilitate information sharing and spread best practices among participating agencies and F an evaluation of duplicative Federal funding and duplicative Federal research in sustainable chemistry efforts undertaken by the Entity to eliminate duplicative H R 6395—113 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 AGENCY ACTIVITIES IN SUPPORT OF SUSTAINABLE CHEMISTRY a IN GENERAL —The agencies participating in the Entity shall carry out activities in support of sustainable chemistry as appropriate to the specific mission and programs of each agency b ACTIVITIES —The activities described in subsection a shall— 1 incorporate sustainable chemistry into existing research development demonstration technology transfer commercialization education and training programs that the agency determines to be relevant including consideration of— A merit-based competitive grants to individual investigators and teams of investigators including to the extent practicable early career investigators for research and development B grants to fund collaborative research and development partnerships among universities industry and nonprofit organizations C coordination of sustainable chemistry research development demonstration and technology transfer conducted at Federal laboratories and agencies D incentive prize competitions and challenges in coordination with such existing Federal agency programs and E grants loans and loan guarantees to aid in the technology transfer and commercialization of sustainable chemicals materials processes and products 2 collect and disseminate information on sustainable chemistry research development technology transfer and commercialization including information on accomplishments and best practices 3 expand the education and training of students at appropriate levels of education professional scientists and engineers and other professionals involved in all aspects of sustainable chemistry and engineering appropriate to that level of education and training including through— A partnerships with industry as described in section 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 H R 6395—114 opportunities for professionals including teachers faculty and individuals involved in laboratory research product development materials specification and testing life cycle analysis and management 4 as relevant to an agency’s programs examine methods by which the Federal agencies in collaboration and consultation with the National Institute of Standards and Technology may facilitate the development or recognition of validated standardized tools for performing sustainability assessments of chemistry processes or products 5 through programs identified by an agency support including through technical assistance participation financial support communications tools awards or other forms of support outreach and dissemination of sustainable chemistry advances such as non-Federal symposia forums conferences and publications in collaboration with as appropriate industry academia scientific and professional societies and other relevant groups 6 provide for public input and outreach to be integrated into the activities described in this section by the convening of public discussions through mechanisms such as public meetings consensus conferences and educational events as appropriate 7 within each agency develop or adapt metrics to track the outputs and outcomes of the programs supported by that agency and 8 incentivize or recognize actions that advance sustainable chemistry products processes or initiatives including through the establishment of a nationally recognized awards program through the Environmental Protection Agency to identify publicize and celebrate innovations in sustainable chemistry and chemical technologies c LIMITATIONS —Financial support provided under this section shall— 1 be available only for pre-competitive activities and 2 not be used to promote the sale of a specific product process or technology or to disparage a specific product process or technology SEC 264 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 smalland 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 H R 6395—115 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 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 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 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— H R 6395—116 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 A summary of changes to the assessment provided in the most recent quadrennial strategic plan ‘‘ ii Comments and recommendations the Director considers appropriate ‘‘ iii Test and evaluation challenges raised since the completion of the most recent quadrennial strategic plan ‘‘ iv Actions taken or planned to address such challenges ’’ e TECHNICAL CORRECTION —Subsection d 1 of such as amended by subsections a 2 and b is further amended by striking ‘‘Test Resources Management Center’’ and inserting ‘‘Test Resource Management Center’’ SEC 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 ’’ H R 6395—117 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 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 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 A plan for increasing commercialization of intellectual property developed by the Department of Defense for commercial microelectronics research and development ‘‘ 15 An assessment of the feasibility usefulness efficacy and cost of— H R 6395—118 ‘‘ 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 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 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 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 H R 6395—119 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 An evaluation of the quantity quality and progress of United States fundamental and applied research for emerging biotechnology initiatives for national security purposes B An assessment of the resourcing of United States efforts to harness emerging biotechnology capabilities for national security purposes including the supporting facilities test infrastructure and workforce C An intelligence assessment of adversary emerging biotechnology capabilities and research as well as an assessment of adversary intent and willingness to use emerging biotechnologies for national security purposes D An assessment of the analytic and operational subject matter expertise necessary to assess rapidly-evolving foreign military developments in biotechnology and the current state of the workforce in the intelligence community E Recommendations to improve and accelerate United States capabilities in emerging biotechnologies and the associated intelligence community expertise F Such other matters as the Secretary considers appropriate b REPORT — 1 IN GENERAL —Not later than February 1 2021 the Secretary shall submit to the congressional defense committees a report on the assessment carried out under subsection a H R 6395—120 2 FORM —The report submitted under paragraph 1 shall be submitted in the following formats— A unclassified form which may include a classified annex and B publically releasable form representing appropriate information from the report under subparagraph A c DEFINITION OF INTELLIGENCE COMMUNITY —In this 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 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 — H R 6395—121 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 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 a determination as to the underlying cause of the episode and C an examination of— i any long-term effects including potential longterm 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 any other findings and recommendations of the study b 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 ELEMENTS — A The reviews under paragraphs 1 A and 1 B shall include an assessment of— H R 6395—122 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 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 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 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 H R 6395—123 2 TIMING —The Secretary shall seek to enter into the agreement described in paragraph 1 not later than 60 days after the date of the enactment of this Act b REVIEW — 1 IN GENERAL —Under an agreement between the Secretary and the National Academies of Sciences Engineering and Medicine under this section the National Academies of Sciences Engineering and Medicine shall carry out a comparative analysis of efforts by China and the United States Government to recruit and retain domestic and foreign researchers and develop recommendations for the 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 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 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 A list of findings and recommendations relating to policies that can be implemented by the United States H R 6395—124 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 make available to the public on a publicly accessible website a version of report that is suitable for public viewing 2 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 H R 6395—125 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 Sec Sec Sec Sec 351 352 353 354 Sec Sec Sec Sec Sec 361 362 363 364 365 Sec 366 Sec 367 Sec 368 Sec 369 Sec 370 Subtitle D—Munitions Safety and Oversight Chair of Department of Defense explosive safety board Explosive Ordnance Disposal Defense Program Assessment of resilience of Department of Defense munitions enterprise Report on safety waivers and mishaps in Department of Defense munitions enterprise Subtitle E—Other Matters Pilot program for temporary issuance of maternity-related uniform items Servicewomen’s Commemorative Partnerships Biodefense analysis and budget submission Update of National Biodefense Implementation Plan Plans and reports on emergency response training for military installations Inapplicability of congressional notification and dollar limitation requirements for advance billings for certain background investigations Adjustment in availability of appropriations for unusual cost overruns and for changes in scope of work Requirement that Secretary of Defense implement security and emergency response recommendations relating to active shooter or terrorist attacks on installations of Department of Defense Clarification of food ingredient requirements for food or beverages provided by the Department of Defense 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 H R 6395—126 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 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 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 H R 6395—127 c FACILITATING AGREEMENTS WITH OTHER FEDERAL AGENCIES 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 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 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 ’’ TO 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 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— H R 6395—128 1 in subsection a by inserting ‘‘ except as provided in subsections d 3 and e ’’ before the period at the end 2 in subsection c by striking ‘‘A project’’ and inserting ‘‘Except as provided in subsection e 2 a project’’ 3 by redesignating subsection d as subsection f and 4 by inserting after subsection c the following new subsections ‘‘ d LOCATION OF PROJECTS —Projects carried out pursuant to this section may be carried out— ‘‘ 1 on a military installation ‘‘ 2 on a facility used by the Department of Defense that is owned and operated by a State the District of Columbia the Commonwealth of Puerto Rico American Samoa Guam the Commonwealth of the Northern Mariana Islands or the Virgin Islands even if the facility is not under the jurisdiction of the Department of Defense if the Secretary of Defense determines that the facility is subject to significant use by the armed forces for testing or training or ‘‘ 3 outside of a military installation or facility described in paragraph 2 if the Secretary concerned determines that the project would preserve or enhance the resilience of— ‘‘ A a military installation ‘‘ B a facility described in paragraph 2 or ‘‘ C community infrastructure determined by the Secretary concerned to be necessary to maintain improve or rapidly reestablish installation mission assurance and mission-essential functions ‘‘ e ALTERNATIVE FUNDING SOURCE — 1 In carrying out a project under this section the Secretary concerned may use amounts available for operation and maintenance for the military department concerned if the Secretary concerned submits a notification to the congressional defense committees of the decision to carry out the project using such amounts and includes in the notification— ‘‘ A the current estimate of the cost of the project ‘‘ B the source of funds for the project and ‘‘ C a certification that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or the protection of health safety or environmental quality as the case may be ‘‘ 2 A project carried out under this section using amounts under paragraph 1 may be carried out only after the end of the 7-day period beginning on the date on which a copy of the notification described in paragraph 1 is provided in an electronic medium pursuant to section 480 of this title ‘‘ 3 The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year for projects under the authority of this subsection is $100 000 000 ’’ b CONSIDERATION OF MILITARY INSTALLATION RESILIENCE IN AGREEMENTS AND INTERAGENCY COOPERATION —Section 2684a of such title is amended— 1 in subsection a — A in paragraph 2 B — i by striking clause ii and ii in clause i — I by striking ‘‘ i ’’ and II by striking ‘‘ or’’ and inserting a semicolon H R 6395—129 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 ‘‘§ 2920 Energy resilience and energy security measures on military installations ‘‘ a ENERGY RESILIENCE MEASURES — 1 The Secretary of Defense shall by the end of fiscal year 2030 provide that 100 percent of the energy load required to maintain the critical missions of each installation have a minimum level of availability of 99 9 percent per fiscal year ‘‘ 2 The Secretary of Defense shall issue standards establishing levels of availability relative to specific critical missions with such standards providing a range of not less than 99 9 percent availability per fiscal year and not more than 99 9999 percent availability per fiscal year depending on the criticality of the mission ‘‘ 3 The Secretary may establish interim goals to take effect prior to fiscal year 2025 to ensure the requirements under this subsection are met ‘‘ 4 The Secretary of each military department and the head of each Defense Agency shall ensure that their organizations meet the requirements of this subsection ‘‘ b PLANNING — 1 The Secretary of Defense shall require the Secretary of each military department and the head of each Defense Agency to plan for the provision of energy resilience and energy security for installations ‘‘ 2 Planning under paragraph 1 shall— ‘‘ A promote the use of multiple and diverse sources of energy with an emphasis favoring energy resources originating on the installation such as modular generation ‘‘ B promote installing microgrids to ensure the energy security and energy resilience of critical missions and ‘‘ C favor the use of full-time installed energy sources rather than emergency generation H R 6395—130 ‘‘ c DEVELOPMENT OF INFORMATION —The planning required by subsection b shall identify each of the following for each installation ‘‘ 1 The critical missions of the installation ‘‘ 2 The energy requirements of those critical missions ‘‘ 3 The duration that those energy requirements are likely to be needed in the event of a disruption or emergency ‘‘ 4 The current source of energy provided to those critical missions ‘‘ 5 The duration that the currently provided energy would likely be available in the event of a disruption or emergency ‘‘ 6 Any currently available sources of energy that would provide uninterrupted energy to critical missions in the event of a disruption or emergency ‘‘ 7 Alternative sources of energy that could be developed to provide uninterrupted energy to critical missions in the event of a disruption or emergency ‘‘ d TESTING AND MEASURING — 1 A The Secretary of Defense shall require the Secretary of each military department and head of each Defense Agency to conduct monitoring measuring and testing to provide the data necessary to comply with this section ‘‘ B Any data provided under subparagraph A shall be made available to the Assistant Secretary of Defense for Sustainment upon request ‘‘ 2 A The Secretary of Defense shall require that black start exercises be conducted to assess the energy resilience and energy security of installations for periods established to evaluate the ability of the installation to perform critical missions without access to off-installation energy resources ‘‘ B A black start exercise conducted under subparagraph A may exclude if technically feasible housing areas commissaries exchanges and morale welfare and recreation facilities ‘‘ C The Secretary of Defense shall— ‘‘ i provide uniform policy for the military departments and the Defense Agencies with respect to conducting black start exercises and ‘‘ ii establish a schedule of black start exercises for the military departments and the Defense Agencies with each military department and Defense Agency scheduled to conduct such an exercise on a number of installations each year sufficient to allow that military department or Defense Agency to meet the goals of this section but in any event not fewer than five installations each year for each military department through fiscal year 2027 ‘‘ D i Except as provided in clause ii the Secretary of each military department shall notwithstanding any other provision of law conduct black start exercises in accordance with the schedule provided for in subparagraph C ii with any such exercise not to last longer than five days ‘‘ ii The Secretary of a military department may conduct more black start exercises than those identified in the schedule provided for in subparagraph C ii ‘‘ e CONTRACT REQUIREMENTS —For contracts for energy and utility services the Secretary of Defense shall— ‘‘ 1 specify methods and processes to measure manage and verify compliance with subsection a and H R 6395—131 ‘‘ 2 ensure that such contracts include requirements appropriate to ensure energy resilience and energy security including requirements for metering to measure manage and verify energy consumption availability and reliability consistent with this section and the energy resilience metrics and standards under section 2911 b of this title ‘‘ f EXCEPTION —This section does not apply to fuels used in aircraft vessels or motor vehicles ‘‘ g REPORT —If by the end of fiscal year 2029 the Secretary determines that the Department will be unable to meet the requirements under subsection a not later than 90 days after the end of such fiscal year the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report detailing— ‘‘ 1 the projected shortfall ‘‘ 2 reasons for the projected shortfall ‘‘ 3 any statutory technological or monetary impediments to achieving such requirements ‘‘ 4 any impact to readiness or ability to meet the national defense posture and ‘‘ 5 any other relevant information as the Secretary considers appropriate ‘‘ h DEFINITIONS —In this section ‘‘ 1 The term ‘availability’ means the availability of required energy at a stated instant of time or over a stated period of time for a specific purpose ‘‘ 2 The term ‘black start exercise’ means an exercise in which delivery of energy provided from off an installation is terminated before backup generation assets on the installation are turned on Such an exercise shall— ‘‘ A determine the ability of the backup systems to start independently transfer the load and carry the load until energy from off the installation is restored ‘‘ B align organizations with critical missions to coordinate in meeting critical mission requirements ‘‘ C validate mission operation plans such as continuity of operations plans ‘‘ D identify infrastructure interdependencies and ‘‘ E verify backup electric power system performance ‘‘ 3 The term ‘critical mission’— ‘‘ A means those aspects of the missions of an installation including mission essential operations that are critical to successful performance of the strategic national defense mission ‘‘ B may include operational headquarters facilities airfields and supporting infrastructure harbor facilities supporting naval vessels munitions production and storage facilities missile fields radars satellite control facilities cyber operations facilities space launch facilities operational communications facilities and biological defense facilities and ‘‘ C does not include military housing including privatized military housing morale welfare and recreation facilities exchanges commissaries or privately owned facilities ‘‘ 4 The term ‘energy’ means electricity natural gas steam chilled water and heated water H R 6395—132 ‘‘ 5 The term ‘installation’ has the meaning given the term ‘military installation’ in section 2801 c 4 of this title ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of subchapter I of chapter 173 of such title is amended by inserting after the item relating to section 2919 the following new item ‘‘2920 Energy resilience and energy security measures on military installations ’’ SEC 317 MODIFICATION TO AVAILABILITY OF ENERGY COST SAVINGS FOR DEPARTMENT OF DEFENSE Section 2912 a of title 10 United States Code is amended by inserting ‘‘and in the case of operational energy from both training and operational missions ’’ after ‘‘under section 2913 of this title ’’ SEC 318 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 ‘‘§ 2712 Reporting on usage and spills of aqueous filmforming foam ‘‘ a 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 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 is amended by adding at the end the following new item ‘‘2712 Reporting on usage and spills of aqueous film-forming foam ’’ H R 6395—133 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 ‘‘§ 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 Development of mitigation options for such environmental effects including development of cost-to-complete estimates and a system for prioritizing mitigation actions ‘‘ 3 Direct mitigation actions that the Secretary determines are necessary and appropriate to mitigate the adverse environmental effects of past actions by the Department ‘‘ 4 Demolition and removal of unsafe buildings and structures used by under the jurisdiction of or formerly used by or under the jurisdiction of the Department ‘‘ 5 Training technical assistance and administrative support to facilitate the meaningful participation of Indian tribes in mitigation actions under the program ‘‘ 6 Development and execution of a policy governing consultation with Indian tribes that have been or may be affected by action by the Department including training personnel of the Department to ensure compliance with the policy ‘‘ c COOPERATIVE AGREEMENTS — 1 In carrying out the program established under subsection a the Secretary of Defense may enter into a cooperative agreement with an Indian tribe or an instrumentality of tribal government ‘‘ 2 Notwithstanding chapter 63 of title 31 a cooperative agreement under this section may be used to acquire property or services for the direct benefit of the United States Government ‘‘ 3 A cooperative agreement under this section for the procurement of severable services may begin in one fiscal year and end in another fiscal year only if the total period of performance does not exceed two calendar years ‘‘ d DEFINITIONS —In this section ‘‘ 1 The term ‘Indian land’ includes— ‘‘ A any land located within the boundaries and a part of an Indian reservation pueblo or rancheria ‘‘ B any land that has been allotted to an individual Indian but has not been conveyed to such Indian with full power of alienation ‘‘ C Alaska Native village and regional corporation lands and H R 6395—134 ‘‘ 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 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 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 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 PILOT PROGRAM ON ALTERNATIVE FUEL VEHICLE PURCHASING a IN GENERAL —The Secretary of Defense in coordination with the Secretary of Energy and the Administrator of the General Services Administration shall carry out a pilot program under which the Secretary of Defense may notwithstanding section 400AA of the Energy Policy and Conservation Act 42 U S C 6374 purchase new alternative fuel vehicles for which the initial cost of such vehicles exceeds the initial cost of a comparable gasoline or diesel fueled vehicle by not more than 10 percent b LOCATIONS — 1 IN GENERAL —The Secretary of Defense shall carry out the pilot program under subsection a at not fewer than 2 facilities or installations of 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 H R 6395—135 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 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 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 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 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 FORM OF REPORT —The report required under this section shall be submitted in unclassified form but may contain a classified annex H R 6395—136 SEC 324 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 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 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 H R 6395—137 D give priority in conjunction with the OECIF to the development and fielding of clean technologies that reduce reliance on fossil fuels 4 TOOL FOR ACCOUNTABILITY AND TRANSITION — A IN GENERAL —In carrying out the program under paragraph 1 the Secretary shall develop and utilize a tool to track relevant investments in operational energy from applied research to transition to use to ensure user organizations have the full picture of technology maturation and development B TRANSITION —The tool developed and utilized under subparagraph A shall be designed to overcome transition challenges with rigorous and well-documented demonstrations that provide the information needed by all stakeholders for acceptance of the technology 5 LOCATIONS — A IN GENERAL —The Secretary shall carry out the testing and evaluation phase of the program under paragraph 1 at installations of the Department of Defense or in conjunction with exercises conducted by the Joint Staff a combatant command or a military department B FORMAL DEMONSTRATIONS —The Secretary shall carry out any formal demonstrations under the program under paragraph 1 at installations of the Department or in operational settings to document and validate improved warfighting performance and cost savings SEC 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 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 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 H R 6395—138 SEC 326 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 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 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 icefree 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 H R 6395—139 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 H R 6395—140 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 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 FORM —The update to the adaptation roadmap required under subsection a shall be submitted in an unclassified form but may contain a classified annex 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 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 agencywide total breakdowns by military department and delineations between installation and operational emissions b FORM OF REPORT —The report required under this section shall be submitted in unclassified form but may contain a classified annex SEC 329 OBJECTIVES PERFORMANCE STANDARDS AND CRITERIA FOR USE OF WILDLIFE CONSERVATION BANKING PROGRAMS a 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 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 H R 6395—141 SEC 330 PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING FIREFIGHTING 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 firefighting 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 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 BRIEFING —Not later than 1 year after the date of enactment of this Act the Secretary shall provide the congressional defense H R 6395—142 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 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 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 cochaired 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 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 H R 6395—143 funding associated with such research and development during the current fiscal year disaggregated by agency B 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 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 H R 6395—144 SEC 333 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 RESEARCH AND DEVELOPMENT OF ALTERNATIVE TO AQUEOUS FILM-FORMING FOAM a 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 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 H R 6395—145 SEC 335 NOTIFICATION TO AGRICULTURAL OPERATIONS LOCATED IN AREAS EXPOSED TO DEPARTMENT OF DEFENSE PFAS USE a 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 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 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 H R 6395—146 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 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 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 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 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 perand polyfluoroalkyl substances commonly known as H R 6395—147 ‘‘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 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 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 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 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 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 H R 6395—148 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 atrisk community as defined in section 101 1 of the Healthy Forests Restoration Act of 2003 16 U S C 6511 1 2 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 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 H R 6395—149 ‘‘§ 118a National Defense Sustainment and Logistics Review ‘‘ a 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’ 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 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 steadystate 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 H R 6395—150 generate project and sustain military forces to meet steadystate 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 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 The report required under this subsection shall be submitted in classified form and shall include an unclassified summary ‘‘ c 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 is amended by inserting after the item relating to section 118 the following new item ‘‘118a National Defense Sustainment and Logistics Review ’’ c DEADLINE FOR SUBMITTAL OF FIRST REPORT —Notwith- standing 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 H R 6395—151 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 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 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 H R 6395—152 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 REPORT — 1 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 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 H R 6395—153 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 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 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 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— H R 6395—154 ‘‘ 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 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 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 is amended H R 6395—155 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 H R 6395—156 ‘‘ 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 MEETINGS — 1 The explosive safety board shall meet not less frequently than quarterly ‘‘ 2 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 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 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 H R 6395—157 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 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 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 H R 6395—158 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 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 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 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 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 Each such report shall H R 6395—159 include each of the following for the year covered by the report and each of the preceding 3 years 1 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 a summary of the justification used for providing the waiver exemption or certification C 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 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 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 PILOT PROGRAM FOR TEMPORARY ISSUANCE OF MATERNITY-RELATED UNIFORM ITEMS a 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 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 H R 6395—160 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 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 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 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 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 SERVICEWOMEN’S COMMEMORATIVE PARTNERSHIPS a 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 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 H R 6395—161 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 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 UPDATE OF NATIONAL BIODEFENSE IMPLEMENTATION PLAN a 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 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 H R 6395—162 Biodefense Strategy and metrics for meeting each objective of the Strategy c 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 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 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 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 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 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 H R 6395—163 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 PLANS — 1 IN GENERAL —Not later than 90 days after the date of the enactment of this Act the Secretary of Defense shall ensure that each military installation under the jurisdiction of the Secretary that does not conduct live emergency response training on an annual basis or more frequently with the civilian law enforcement and emergency response agencies responsible for responding to an emergency at the installation develops a plan to conduct such training 2 ELEMENTS —Each plan developed under paragraph 1 with respect to an installation— A shall include— i the cost of implementing training described in paragraph 1 at the installation ii a description of any obstacles to the implementation of such training and iii recommendations for mitigating any such obstacles and B shall be designed to ensure that the civilian law enforcement and emergency response agencies described in paragraph 1 are familiar with— i the physical features of the installation including gates buildings armories headquarters command and control centers and medical facilities and ii the emergency response personnel and procedures of the installation 3 SUBMITTAL OF PLANS — A SUBMITTAL TO SECRETARY —Not later than 90 days after the date of the enactment of this Act the commander of each military installation required to develop a plan under paragraph 1 shall submit such plan to the Secretary of Defense B SUBMITTAL TO CONGRESS —Not later than 180 days after the date of the enactment of this Act the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a summary of the plans submitted to the Secretary under subparagraph A b REPORTS ON TRAINING CONDUCTED — 1 LIST OF INSTALLATIONS —Not later than March 1 2021 the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a list of all military installations under the jurisdiction of the Secretary that conduct live emergency response training on an H R 6395—164 annual basis or more frequently with the civilian law enforcement and emergency response agencies responsible for responding to an emergency at the installation 2 ANNUAL REPORTS — A IN GENERAL —Not later than one year after the date of the enactment of this Act and annually thereafter the commander of each military installation under the jurisdiction of the Secretary shall submit to the Secretary a report on each live emergency response training conducted during the year covered by the report with the civilian law enforcement and emergency response agencies responsible for responding to an emergency at the installation B ELEMENTS —Each report submitted under subparagraph A shall include with respect to each training exercise the following i The date and duration of the exercise ii A detailed description of the exercise iii An identification of all military and civilian personnel who participated in the exercise iv Any recommendations resulting from the exercise v The actions taken if any to implement such recommendations C INCLUSION IN ANNUAL BUDGET SUBMISSION — i IN GENERAL —The Secretary shall include in the budget submitted to Congress by the President pursuant to section 1105 a of title 31 United States Code a summary of any report submitted to the Secretary under subparagraph A during the one-year period preceding the submittal of the budget ii CLASSIFIED FORM —The summary submitted under clause i may be submitted in classified form D SUNSET —The requirement to submit annual reports under subparagraph A shall terminate upon the submittal of the budget described in subparagraph C i for fiscal year 2024 SEC 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 H R 6395—165 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 REQUIREMENT THAT SECRETARY OF DEFENSE IMPLEMENT SECURITY AND EMERGENCY RESPONSE RECOMMENDATIONS RELATING TO ACTIVE SHOOTER OR TERRORIST ATTACKS ON INSTALLATIONS OF DEPARTMENT OF DEFENSE a REQUIREMENT —Not later than 90 days after the date of the enactment of this Act the Secretary of Defense shall implement the applicable security and emergency response recommendations relating to active shooter or terrorist attacks on installations of the Department of Defense made in the following reports 1 The report by the Government Accountability Office dated July 2015 entitled ‘‘Insider Threats DOD Should Improve Information Sharing and Oversight to Protect U S Installations’’ GAO–15–543 2 The report prepared by the Department of the Navy relating to the Washington Navy Yard shooting in 2013 3 The report by the Department of the Army dated August 2010 entitled ‘‘Fort Hood Army Internal Review Team Final Report’’ 4 The independent review by the Department of Defense dated January 2010 entitled ‘‘Protecting the Force Lessons from Fort Hood’’ 5 The report by the Department of the Air Force dated October 2010 entitled ‘‘Air Force Follow-On Review Protecting the Force Lessons from Fort Hood’’ b NOTIFICATION OF INAPPLICABLE RECOMMENDATIONS — 1 IN GENERAL —If the Secretary determines that a recommendation described in subsection a is outdated is no longer applicable or has been superseded by more recent separate guidance or recommendations set forth by the Government Accountability Office the Department of Defense or another entity in related contracted review the Secretary shall notify the Committees on Armed Services of the Senate and the House of Representatives not later than 45 days after the date of the enactment of this Act 2 IDENTIFICATION AND JUSTIFICATION —The notification under paragraph 1 shall include an identification set forth by report specified in subsection a of each recommendation that the Secretary determines should not be implemented with a justification for each such determination SEC 369 CLARIFICATION OF FOOD INGREDIENT REQUIREMENTS FOR FOOD OR BEVERAGES PROVIDED BY THE DEPARTMENT OF DEFENSE a IN GENERAL —Before making any final rule statement or determination regarding the limitation or prohibition of any food or beverage ingredient in military food service military medical foods commissary food or commissary food service the Secretary of Defense shall publish in the Federal Register a notice of a preliminary rule statement or determination in this section referred to as a ‘‘proposed action’’ and provide opportunity for public comment b MATTERS TO BE INCLUDED —The Secretary shall include in any notice published under subsection a the following 1 The date of the notice H R 6395—166 2 Contact information for the appropriate office at the Department of Defense 3 A summary of the notice 4 A date for comments to be submitted and specific methods for submitting comments 5 A description of the substance of the proposed action 6 Findings and a statement of reasons supporting the proposed action c 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 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 COMMISSION ON THE NAMING OF ITEMS OF THE DEPARTMENT OF DEFENSE THAT COMMEMORATE THE CONFEDERATE STATES OF AMERICA OR ANY PERSON WHO SERVED VOLUNTARILY WITH THE CONFEDERATE STATES OF AMERICA a REMOVAL —Not later than three years after the date of the enactment of this Act the Secretary of Defense shall implement the plan submitted by the commission described in paragraph b and remove all names symbols displays monuments and paraphernalia that honor or commemorate the Confederate States of America commonly referred to as the ‘‘Confederacy’’ or any person who served voluntarily with the Confederate States of America from all assets of the Department of Defense b IN GENERAL —The Secretary of Defense shall establish a commission relating to assigning modifying or removing of names symbols displays monuments and paraphernalia to assets of the Department of Defense that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America c DUTIES —The Commission shall— H R 6395—167 1 assess the cost of renaming or removing names symbols displays monuments or paraphernalia that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America 2 develop procedures and criteria to assess whether an existing name symbol monument display or paraphernalia commemorates the Confederate States of America or person who served voluntarily with the Confederate States of America 3 recommend procedures for renaming assets of the Department of Defense to prevent commemoration of the Confederate States of America or any person who served voluntarily with the Confederate States of America 4 develop a plan to remove names symbols displays monuments or paraphernalia that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America from assets of the Department of Defense within the timeline established by this Act and 5 include in the plan procedures and criteria for collecting and incorporating local sensitivities associated with naming or renaming of assets of the Department of Defense d MEMBERSHIP —The Commission shall be composed of eight members of whom— 1 four shall be appointed by the Secretary of Defense 2 one shall be appointed by the Chairman of the Committee on Armed Services of the Senate 3 one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate 4 one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives and 5 one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives e APPOINTMENT —Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act f INITIAL MEETING —The Commission shall hold its initial meeting on the date that is 60 days after the enactment of this Act g BRIEFINGS AND REPORTS —Not later than October 1 2021 the Commission shall brief the Committees on Armed Services of the Senate and House of Representatives detailing the progress of the requirements under subsection c Not later than October 1 2022 and not later than 90 days before the implementation of the plan in subsection c 4 the Commission shall present a briefing and written report detailing the results of the requirements under subsection c including 1 A list of assets to be removed or renamed 2 Costs associated with the removal or renaming of assets in subsection g 1 3 Criteria and requirements used to nominate and rename assets in subsection g 1 4 Methods of collecting and incorporating local sensitivities associated with the removal or renaming of assets in subsection g 1 h FUNDING — H R 6395—168 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 End strengths for Selected Reserve End strengths for Reserves on active duty in support of the Reserves End strengths for military technicians dual status 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 nontemporary military technicians dual status and end strengths for temporary military technicians dual status Sec Sec Sec Sec 411 412 413 414 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’’ H R 6395—169 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 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 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— H R 6395—170 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 H R 6395—171 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 EFFECTIVE DATE —The amendments made by subsection a shall take effect on the day after the date of the enactment of this Act The amendment made by subsection a 2 shall apply with respect to budgets submitted by the President to Congress under section 1105 of title 31 United States Code after such effective date Subtitle C—Authorization of Appropriations SEC 421 MILITARY PERSONNEL a AUTHORIZATION OF APPROPRIATIONS —Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses not otherwise provided for for military personnel as specified in the funding table in section 4401 b CONSTRUCTION OF AUTHORIZATION —The authorization of appropriations in 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 H R 6395—172 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 H R 6395—173 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 H R 6395—174 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 H R 6395—175 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 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 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 H R 6395—176 the military departments and the Chairman of the Joint Chiefs of Staff 3 ELEMENTS —The report required by paragraph 1 shall include the following A 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 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 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 ’’ H R 6395—177 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 ANNUAL REPORT — 1 IN GENERAL —Not later than February 1 2022 and every four years thereafter each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the use of the authorities in subparagraph D of section 553 b 1 of title 10 United States Code as amended by subsection a and subparagraph D of section 12207 b 1 of such title as amended by subsection b each referred to in this subsection as a ‘‘constructive credit authority’’ during the preceding fiscal year for the Armed Forces under the jurisdiction of such Secretary 2 ELEMENTS —Each report under paragraph 1 shall include for the fiscal year and Armed Forces covered by such report the following A The manner in which constructive service credit was calculated under each constructive credit authority B The number of officers credited constructive service credit under each constructive credit authority C A description and assessment of the utility of the constructive credit authorities in meeting the operational needs of the Armed Force concerned D Such other matters in connection with the constructive credit authorities as the Secretary of the military department concerned considers appropriate SEC 503 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 ’’ H R 6395—178 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 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 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 ‘‘§ 628a Special selection review boards ‘‘ a IN GENERAL — 1 If the Secretary of the military department concerned determines that a person recommended by a promotion board for promotion to a grade at or below the grade of major general rear admiral in the Navy or an equivalent grade in the Space Force is the subject of credible information of an adverse nature including any substantiated adverse finding or conclusion described in section 615 a 3 A of this title that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained H R 6395—179 ‘‘ 2 If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section the name of the person— ‘‘ A shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person and ‘‘ B shall not be forwarded to the Secretary of Defense the President or the Senate as applicable or included on a promotion list under section 624 a of this title ‘‘ b CONVENING — 1 Any special selection review board convened under this section shall be convened in accordance with the provisions of section 628 f of this title ‘‘ 2 Any special selection review board convened under this section may review such number of persons and recommendations for promotion of such persons as the Secretary of the military department concerned shall specify in convening such special selection review board ‘‘ c INFORMATION CONSIDERED — 1 In reviewing a person and recommending whether the recommendation for promotion of the person should be sustained under this section a special selection review board convened under this section shall be furnished and consider the following ‘‘ A The record and information concerning the person furnished in accordance with section 615 a 2 of this title to the promotion board that recommended the person for promotion ‘‘ B Any credible information of an adverse nature on the person including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry described in section 615 a 3 A of this title ‘‘ 2 The furnishing of information to a special selection review board under paragraph 1 B shall be governed by the standards and procedures referred to in paragraph 3 C of section 615 a of this title applicable to the furnishing of information described in paragraph 3 A of such section to selection boards in accordance with that section ‘‘ 3 A Before information on a person described in paragraph 1 B is furnished to a special selection review board for purposes of this section the Secretary of the military department concerned shall ensure that— ‘‘ i such information is made available to the person and ‘‘ ii subject to subparagraphs C and D the person is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the person and the recommendation for promotion of the person under this section ‘‘ B If information on a person described in paragraph 1 B is not made available to the person as otherwise required by subparagraph A i due to the classification status of such information the person shall to the maximum extent practicable be furnished a summary of such information appropriate to the person’s authorization for access to classified information ‘‘ C i An opportunity to submit comments on information is not required for a person under subparagraph A ii if— ‘‘ I such information was made available to the person in connection with the furnishing of such information under H R 6395—180 section 615 a of this title to the promotion board that recommended the promotion of the person subject to review under this section and ‘‘ II the person submitted comments on such information to that promotion board ‘‘ ii The comments on information of a person described in clause i II shall be furnished to the special selection review board ‘‘ D A person may waive either or both of the following ‘‘ i The right to submit comments to a special selection review board under subparagraph A ii ‘‘ ii The furnishing of comments to a special selection review board under subparagraph C ii ‘‘ d CONSIDERATION — 1 In considering the record and information on a person under this section the special selection review board shall compare such record and information with an appropriate sampling of the records of those officers of the same competitive category who were recommended for promotion by the promotion board that recommended the person for promotion and an appropriate sampling of the records of those officers who were considered by and not recommended for promotion by that promotion board ‘‘ 2 Records and information shall be presented to a special selection review board for purposes of paragraph 1 in a manner that does not indicate or disclose the person or persons for whom the special selection review board was convened ‘‘ 3 In considering whether the recommendation for promotion of a person should be sustained under this section a special selection review board shall to the greatest extent practicable apply standards used by the promotion board that recommended the person for promotion ‘‘ 4 The recommendation for promotion of a person may be sustained under this section only if the special selection review board determines that the person— ‘‘ A ranks on an order of merit created by the special selection review board as better qualified for promotion than the sample officer highest on the order of merit list who was considered by and not recommended for promotion by the promotion board concerned and ‘‘ B is comparable in qualification for promotion to those sample officers who were recommended for promotion by that promotion board ‘‘ 5 A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board ‘‘ 6 If a special selection review board does not sustain a recommendation for promotion of a person under this section the person shall be considered to have failed of selection for promotion ‘‘ e REPORTS — 1 Each special selection review board convened under this section shall submit to the Secretary of the military department concerned a written report signed by each member of the board containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it ‘‘ 2 The provisions of sections 617 b and 618 of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they H R 6395—181 apply to the report and proceedings of a promotion board convened under section 611 a of this title ‘‘ f APPOINTMENT OF PERSONS — 1 If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of a person whose name was referred to it for review under this section and the President approves the report the person shall as soon as practicable be appointed to that grade in accordance with subsections b and c of section 624 of this title ‘‘ 2 A person who is appointed to the next higher grade as described in paragraph 1 shall upon that appointment have the same date of rank the same effective date for the pay and allowances of that grade and the same position on the activeduty list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned ‘‘ g REGULATIONS — 1 The Secretary of Defense shall prescribe regulations to carry out this section Such regulations shall apply uniformly across the military departments ‘‘ 2 Any regulation prescribed by the Secretary of a military department to supplement the regulations prescribed pursuant to paragraph 1 may not take effect without the approval of the Secretary of Defense in writing ‘‘ h PROMOTION BOARD DEFINED —In this section the term ‘promotion board ’means a selection board convened by the Secretary of a military department under section 611 a of this title ’’ 2 CLERICAL AMENDMENT —The table of sections at the beginning of subchapter III of chapter 36 of such title is amended by inserting after the item relating to section 628 the following new item ‘‘628a Special selection review boards ’’ 3 DELAY IN PROMOTION —Section 624 d of such title is amended— A in paragraph 1 — i in subparagraph D by striking ‘‘or’’ at the end ii in subparagraph E by striking the period at the end and inserting ‘‘ or’’ and iii by inserting after subparagraph E the following new subparagraph F ‘‘ F the Secretary of the military department concerned determines that credible information of an adverse nature including a substantiated adverse finding or conclusion described in section 615 a 3 A of this title with respect to the officer will result in the convening of a special selection review board under section 628a of this title to review the officer and recommend whether the recommendation for promotion of the officer should be sustained ’’ B by redesignating paragraphs 3 and 4 as paragraphs 4 and 5 respectively C by inserting after paragraph 2 the following new paragraph 3 ‘‘ 3 In the case of an officer whose promotion is delayed pursuant to paragraph 1 F and whose recommendation for promotion is sustained authorities for the promotion of the officer are specified in section 628a f of this title ’’ and H R 6395—182 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 ‘‘§ 14502a Special selection review boards ‘‘ a IN GENERAL — 1 If the Secretary of the military department concerned determines that a person recommended by a promotion board for promotion to a grade at or below the grade of major general or rear admiral in the Navy is the subject of credible information of an adverse nature including any substantiated adverse finding or conclusion described in section 14107 a 3 A of this title that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained ‘‘ 2 If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section the name of the person— ‘‘ A shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person and ‘‘ B shall not be forwarded to the Secretary of Defense the President or the Senate as applicable or included on a promotion list under section 14308 a of this title ‘‘ b CONVENING — 1 Any special selection review board convened under this section shall be convened in accordance with the provisions of section 14502 b 2 of this title ‘‘ 2 Any special selection review board convened under this section may review such number of persons and recommendations for promotion of such persons as the Secretary of the military department concerned shall specify in convening such special selection review board ‘‘ c INFORMATION CONSIDERED — 1 In reviewing a person and recommending whether the recommendation for promotion of the person should be sustained under this section a special selection review board convened under this section shall be furnished and consider the following ‘‘ A The record and information concerning the person furnished in accordance with section 14107 a 2 of this title to the promotion board that recommended the person for promotion ‘‘ B Any credible information of an adverse nature on the person including any substantiated adverse finding or H R 6395—183 conclusion from an officially documented investigation or inquiry described in section 14107 a 3 A of this title ‘‘ 2 The furnishing of information to a special selection review board under paragraph 1 B shall be governed by the standards and procedures referred to in paragraph 3 B of section 14107 a of this title applicable to the furnishing of information described in paragraph 3 A of such section to promotion boards in accordance with that section ‘‘ 3 A Before information on person described in paragraph 1 B is furnished to a special selection review board for purposes of this section the Secretary of the military department concerned shall ensure that— ‘‘ i such information is made available to the person and ‘‘ ii subject to subparagraphs C and D the person is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the person and the recommendation for promotion of the person under this section ‘‘ B If information on an officer described in paragraph 1 B is not made available to the person as otherwise required by subparagraph A i due to the classification status of such information the person shall to the maximum extent practicable be furnished a summary of such information appropriate to the person’s authorization for access to classified information ‘‘ C i An opportunity to submit comments on information is not required for a person under subparagraph A ii if— ‘‘ I such information was made available to the person in connection with the furnishing of such information under section 14107 a of this title to the promotion board that recommended the promotion of the person subject to review under this section and ‘‘ II the person submitted comments on such information to that promotion board ‘‘ ii The comments on information of a person described in clause i II shall be furnished to the special selection review board ‘‘ D A person may waive either or both of the following ‘‘ i The right to submit comments to a special selection review board under subparagraph A ii ‘‘ ii The furnishing of comments to a special selection review board under subparagraph C ii ‘‘ d CONSIDERATION — 1 In considering the record and information on a person under this section the special selection review board shall compare such record and information with an appropriate sampling of the records of those officers of the same competitive category who were recommended for promotion by the promotion board that recommended the person for promotion and an appropriate sampling of the records of those officers who were considered by and not recommended for promotion by that promotion board ‘‘ 2 Records and information shall be presented to a special selection review board for purposes of paragraph 1 in a manner that does not indicate or disclose the person or persons for whom the special selection review board was convened ‘‘ 3 In considering whether the recommendation for promotion of a person should be sustained under this section a special selection review board shall to the greatest extent practicable apply H R 6395—184 standards used by the promotion board that recommended the person for promotion ‘‘ 4 The recommendation for promotion of a person may be sustained under this section only if the special selection review board determines that the person— ‘‘ A ranks on an order of merit created by the special selection review board as better qualified for promotion than the sample officer highest on the order of merit list who was considered by and not recommended for promotion by the promotion board concerned and ‘‘ B is comparable in qualification for promotion to those sample officers who were recommended for promotion by that promotion board ‘‘ 5 A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board ‘‘ 6 If a special selection review board does not sustain a recommendation for promotion of a person under this section the person shall be considered to have failed of selection for promotion ‘‘ e REPORTS — 1 Each special selection review board convened under this section shall submit to the Secretary of the military department concerned a written report signed by each member of the board containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it ‘‘ 2 The provisions of sections 14109 c 14110 and 14111 of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under section 14101 a of this title ‘‘ f APPOINTMENT OF PERSONS — 1 If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of a person whose name was referred to it for review under this section and the President approves the report the person shall as soon as practicable be appointed to that grade in accordance with section 14308 of this title ‘‘ 2 A person who is appointed to the next higher grade as described in paragraph 1 shall upon that appointment have the same date of rank the same effective date for the pay and allowances of that grade and the same position on the reserve active-status list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned ‘‘ g REGULATIONS — 1 The Secretary of Defense shall prescribe regulations to carry out this section Such regulations shall apply uniformly across the military departments ‘‘ 2 Any regulation prescribed by the Secretary of a military department to supplement the regulations prescribed pursuant to paragraph 1 may not take effect without the approval of the Secretary of Defense in writing ‘‘ h PROMOTION BOARD DEFINED —In this section the term ‘promotion board ’means a selection board convened by the Secretary of a military department under section 14101 a of this title ’’ 2 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 1407 of such title is amended by inserting H R 6395—185 after the item relating to section 14502 the following new item ‘‘14502a Special selection review boards ’’ 3 DELAY IN PROMOTION —Section 14311 of such title is amended— A in subsection a — i in paragraph 1 by adding at the end the following new subparagraph ‘‘ F The Secretary of the military department concerned determines that credible information of adverse nature including a substantiated adverse finding or conclusion described in section 14107 a 3 A of this title with respect to the officer will result in the convening of a special selection review board under section 14502a of this title to review the officer and recommend whether the recommendation for promotion of the officer should be sustained ’’ and ii by adding at the end the following new paragraph ‘‘ 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 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 H R 6395—186 ‘‘ 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’’ H R 6395—187 c DEFERRED CERS —Subsection RETIREMENT OR SEPARATION OF OTHER OFFI 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 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 ‘‘§ 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 H R 6395—188 ‘‘ 3 EFFECT OF MISCONDUCT IN LOWER GRADE IN DETERMINATION —If the Secretary of a military department or the Secretary of Defense as applicable determines that an officer committed misconduct in a lower grade than the retirement grade otherwise provided for the officer by this section— ‘‘ A such Secretary may deem the officer to have not served satisfactorily in any grade equal to or higher than such lower grade for purposes of determining the retirement grade of the officer under this section and ‘‘ B the grade next lower to such lower grade shall be the retired grade of the officer under this section ‘‘ 4 NATURE OF RETIREMENT OF CERTAIN RESERVE OFFICERS AND OFFICERS IN TEMPORARY GRADES —A reserve officer or an officer appointed to a position under section 601 of this title who is notified that the officer will be released from active duty without the officer’s consent and thereafter requests retirement under section 7311 8323 or 9311 of this title and is retired pursuant to that request is considered for purposes of this section to have been retired involuntarily ‘‘ 5 NATURE OF RETIREMENT OF CERTAIN REMOVED OFFICERS —An officer retired pursuant to section 1186 b 1 of this title is considered for purposes of this section to have been retired voluntarily ‘‘ b RETIREMENT OF OFFICERS RETIRING VOLUNTARILY — ‘‘ 1 SERVICE-IN-GRADE REQUIREMENT —In order to be eligible for voluntary retirement under any provision of this title in a grade above the grade of captain in the Army Air Force or Marine Corps lieutenant in the Navy or the equivalent grade in the Space Force a commissioned officer of the Army Navy Air Force Marine Corps or Space Force must have served on active duty in that grade for a period of not less than three years except that— ‘‘ A subject to subsection c the Secretary of Defense may reduce such period to a period of not less than two years for any officer and ‘‘ B in the case of an officer to be retired in a grade at or below the grade of major general in the Army Air Force or Marine Corps rear admiral in the Navy or an equivalent grade in the Space Force the Secretary of Defense may authorize the Secretary of the military department concerned to reduce such period to a period of not less than two years ‘‘ 2 LIMITATION ON DELEGATION —The authority of the Secretary of Defense in subparagraph A of paragraph 1 may not be delegated The authority of the Secretary of a military department in subparagraph B of paragraph 1 as delegated to such Secretary pursuant to such subparagraph may not be further delegated ‘‘ 3 WAIVER OF REQUIREMENT —Subject to subsection c the President may waive the application of the service-in-grade requirement in paragraph 1 to officers covered by that paragraph in individual cases involving extreme hardship or exceptional or unusual circumstances The authority of the President under this paragraph may not be delegated ‘‘ 4 LIMITATION ON REDUCTION OR WAIVER OF REQUIREMENT FOR OFFICERS UNDER INVESTIGATION OR PENDING MISCONDUCT —In the case of an officer to be retired in a grade H R 6395—189 above the grade of colonel in the Army Air Force or Marine Corps captain in the Navy or the equivalent grade in the Space Force the service-in-grade requirement in paragraph 1 may not be reduced pursuant to that paragraph or waived pursuant to paragraph 3 while the officer is under investigation for alleged misconduct or while there is pending the disposition of an adverse personnel action against the officer ‘‘ 5 GRADE AND FISCAL YEAR LIMITATIONS ON REDUCTION OR WAIVER OF REQUIREMENTS —The aggregate number of members of an armed force in a grade for whom reductions are made under paragraph 1 and waivers are made under paragraph 3 in a fiscal year may not exceed— ‘‘ A in the case of officers to be retired in a grade at or below the grade of major in the Army Air Force or Marine Corps lieutenant commander in the Navy or the equivalent grade in the Space Force the number equal to two percent of the authorized active-duty strength for that fiscal year for officers of that armed force in that grade ‘‘ B in the case of officers to be retired in the grade of lieutenant colonel or colonel in the Army Air Force or Marine Corps commander or captain in the Navy or an equivalent grade in the Space Force the number equal to four percent of the authorized active-duty strength for that fiscal year for officers of that armed force in the applicable grade or ‘‘ C in the case of officers to be retired in the grade of brigadier general or major general in the Army Air Force or Marine Corps rear admiral lower half or rear admiral in the Navy or an equivalent grade in the Space Force the number equal to 10 percent of the authorized active-duty strength for that fiscal year for officers of that armed force in the applicable grade ‘‘ 6 NOTICE TO CONGRESS ON REDUCTION OR WAIVER OF REQUIREMENTS FOR GENERAL FLAG AND EQUIVALENT OFFICER GRADES —In the case of an officer to be retired in a grade that is a general or flag officer grade or an equivalent grade in the Space Force who is eligible to retire in that grade only by reason of an exercise of the authority in paragraph 1 to reduce the service-in-grade requirement in that paragraph or the authority in paragraph 3 to waive that requirement the Secretary of Defense or the President as applicable shall not later than 60 days prior to the date on which the officer will be retired in that grade notify the Committees on Armed Services of the Senate and the House of Representatives of the exercise of the applicable authority with respect to that officer ‘‘ 7 RETIREMENT IN NEXT LOWEST GRADE FOR OFFICERS NOT MEETING REQUIREMENT —An officer described in paragraph 1 whose length of service in the highest grade held by the officer while on active duty does not meet the period of the service-in-grade requirement applicable to the officer under this subsection shall subject to subsection c be retired in the next lower grade in which the officer served on active duty satisfactorily as determined by the Secretary of the military department concerned or the Secretary of Defense as applicable H R 6395—190 ‘‘ c OFFICERS IN O–9 AND O–10 GRADES — ‘‘ 1 IN GENERAL —An officer of the Army Navy Air Force Marine Corps or Space Force who is serving or has served in a position of importance and responsibility designated by the President to carry the grade of lieutenant general or general in the Army Air Force or Marine Corps vice admiral or admiral in the Navy or an equivalent grade in the Space Force under section 601 of this title may be retired in such grade under subsection a only after the Secretary of Defense certifies in writing to the President and the Committees on Armed Services of the Senate and the House of Representatives that the officer served on active duty satisfactorily in such grade ‘‘ 2 PROHIBITION ON DELEGATION —The authority of the Secretary of Defense to make a certification with respect to an officer under paragraph 1 may not be delegated ‘‘ 3 REQUIREMENTS IN CONNECTION WITH CERTIFICATION — A certification with respect to an officer under paragraph 1 shall— ‘‘ A be submitted by the Secretary of Defense such that it is received by the President and the Committees on Armed Services of the Senate and the House of Representatives not later than 60 days prior to the date on which the officer will be retired in the grade concerned ‘‘ B include an up-to-date copy of the military biography of the officer and ‘‘ C include the statement of the Secretary as to whether or not potentially adverse adverse or reportable information regarding the officer was considered by the Secretary in making the certification ‘‘ 4 CONSTRUCTION WITH OTHER NOTICE —In the case of an officer under paragraph 1 to whom a reduction in the service-in-grade requirement under subsection b 1 or waiver under subsection b 3 applies the requirement for notification under subsection b 6 is satisfied if the notification is included in the certification submitted by the Secretary of Defense under paragraph 1 ‘‘ d CONDITIONAL RETIREMENT GRADE AND RETIREMENT FOR OFFICERS PENDING INVESTIGATION OR ADVERSE ACTION — ‘‘ 1 IN GENERAL —When an officer serving in a grade at or below the grade of major general in the Army Air Force or Marine Corps rear admiral in the Navy or an equivalent grade in the Space Force is under investigation for alleged misconduct or pending the disposition of an adverse personnel action at the time of retirement the Secretary of the military department concerned may— ‘‘ A conditionally determine the highest permanent grade of satisfactory service on active duty of the officer pending completion of the investigation or resolution of the personnel action as applicable and ‘‘ B retire the officer in that conditional grade subject to subsection e ‘‘ 2 OFFICERS IN O–9 AND O–10 GRADES —When an officer described by subsection c 1 is under investigation for alleged misconduct or pending the disposition of an adverse personnel action at the time of retirement the Secretary of Defense may— H R 6395—191 ‘‘ A conditionally determine the highest permanent grade of satisfactory service on active duty of the officer pending completion of the investigation or personnel action as applicable and ‘‘ B retire the officer in that conditional grade subject to subsection e ‘‘ 3 REDUCTION OR WAIVER OF SERVICE-IN-GRADE REQUIREMENT PROHIBITED FOR GENERAL FLAG AND EQUIVALENT OFFICER GRADES —In conditionally determining the retirement grade of an officer under paragraph 1 A or 2 A of this subsection to be a grade above the grade of colonel in the Army Air Force or Marine Corps captain in the Navy or the equivalent grade in the Space Force the service-in-grade requirement in subsection b 1 may not be reduced pursuant to subsection b 1 or waived pursuant to subsection b 3 ‘‘ 4 PROHIBITION ON DELEGATION —The authority of the Secretary of a military department under paragraph 1 may not be delegated The authority of the Secretary of Defense under paragraph 2 may not be delegated ‘‘ e FINAL RETIREMENT GRADE FOLLOWING RESOLUTION OF PENDING INVESTIGATION OR ADVERSE ACTION — ‘‘ 1 NO CHANGE FROM CONDITIONAL RETIREMENT GRADE — If the resolution of an investigation or personnel action with respect to an officer who has been retired in a conditional retirement grade pursuant to subsection d results in a determination that the conditional retirement grade in which the officer was retired will not be changed the conditional retirement grade of the officer shall subject to paragraph 3 be the final retired grade of the officer ‘‘ 2 CHANGE FROM CONDITIONAL RETIREMENT GRADE —If the resolution of an investigation or personnel action with respect to an officer who has been retired in a conditional retirement grade pursuant to subsection d results in a determination that the conditional retirement grade in which the officer was retired should be changed the changed retirement grade shall be the final retired grade of the officer under this section except that if the final retirement grade provided for an officer pursuant to this paragraph is the grade of lieutenant general or general in the Army Air Force or Marine Corps vice admiral or admiral in the Navy or an equivalent grade in the Space Force the requirements in subsection c shall apply in connection with the retirement of the officer in such final retirement grade ‘‘ 3 RECALCULATION OF RETIRED PAY — ‘‘ A IN GENERAL —If the final retired grade of an officer is as a result of a change under paragraph 2 the retired pay of the officer under chapter 71 of this title shall be recalculated accordingly with any modification of the retired pay of the officer to go into effect as of the date of the retirement of the officer ‘‘ B PAYMENT OF HIGHER AMOUNT FOR PERIOD OF CONDITIONAL RETIREMENT GRADE —If the recalculation of the retired pay of an officer results in an increase in retired pay the officer shall be paid the amount by which such increased retired pay exceeded the amount of retired pay paid the officer for retirement in the officer’s conditional grade during the period beginning on the date of H R 6395—192 the retirement of the officer in such conditional grade and ending on the effective date of the change of the officer’s retired grade For an officer whose retired grade is determined pursuant to subsection c the effective date of the change of the officer’s retired grade for purposes of this subparagraph shall be the date that is 60 days after the date on which the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives the certification required by subsection c in connection with the retired grade of the officer ‘‘ C RECOUPMENT OF OVERAGE DURING PERIOD OF CONDITIONAL RETIREMENT GRADE —If the recalculation of the retired pay of an officer results in a decrease in retired pay there shall be recouped from the officer the amount by which the amount of retired pay paid the officer for retirement in the officer’s conditional grade exceeded such decreased retired pay during the period beginning on the date of the retirement of the officer in such conditional grade and ending on the effective date of the change of the officer’s retired grade ‘‘ f FINALITY OF RETIRED GRADE DETERMINATIONS — ‘‘ 1 IN GENERAL —Except for a conditional determination authorized by subsection d a determination of the retired grade of an officer pursuant to this section is administratively final on the day the officer is retired and may not be reopened except as provided in paragraph 2 ‘‘ 2 REOPENING —A final determination of the retired grade of an officer may be reopened as follows ‘‘ A If the retirement or retired grade of the officer was procured by fraud ‘‘ B If substantial evidence comes to light after the retirement that could have led to determination of a different retired grade under this section if known by competent authority at the time of retirement ‘‘ C If a mistake of law or calculation was made in the determination of the retired grade ‘‘ D If the applicable Secretary determines pursuant to regulations prescribed by the Secretary of Defense that good cause exists to reopen the determination of retired grade ‘‘ 3 APPLICABLE SECRETARY —For purposes of this subsection the applicable Secretary for purposes of a determination or action specified in this subsection is— ‘‘ A the Secretary of the military department concerned in the case of an officer retired in a grade at or below the grade of major general in the Army Air Force or Marine Corps rear admiral in the Navy or the equivalent grade in the Space Force or ‘‘ B the Secretary of Defense in the case of an officer retired in a grade of lieutenant general or general in the Army Air Force or Marine Corps vice admiral or admiral in the Navy or an equivalent grade in the Space Force ‘‘ 4 NOTICE AND LIMITATION —If a final determination of the retired grade of an officer is reopened in accordance with paragraph 2 the applicable Secretary— ‘‘ A shall notify the officer of the reopening and H R 6395—193 ‘‘ B may not make an adverse determination on the retired grade of the officer until the officer has had a reasonable opportunity to respond regarding the basis for the reopening of the officer’s retired grade ‘‘ 5 ADDITIONAL NOTICE ON REOPENING FOR OFFICERS RETIRED IN O–9 AND O-10 GRADES —If the determination of the retired grade of an officer whose retired grade was provided for pursuant to subsection c is reopened the Secretary of Defense shall also notify the President and the Committees on Armed Services of the Senate and the House of Representatives ‘‘ 6 MANNER OF MAKING OF CHANGE —If the retired grade of an officer is proposed to be changed through the reopening of the final determination of an officer’s retired grade under this subsection the change in grade shall be made— ‘‘ A in the case of an officer whose retired grade is to be changed to a grade at or below the grade of major general in the Army Air Force or Marine Corps rear admiral in the Navy or the equivalent grade in the Space Force in accordance with subsections a and b — ‘‘ i by the Secretary of Defense who may delegate such authority only as authorized by clause ii or ‘‘ ii if authorized by the Secretary of Defense by the Secretary of the military department concerned who may not further delegate such authority ‘‘ B in the case of an officer whose retired grade is to be changed to the grade of lieutenant general or general in the Army Air Force or Marine Corps vice admiral or admiral in the Navy or an equivalent grade in the Space Force by the President by and with the advice and consent of the Senate ‘‘ 7 RECALCULATION OF RETIRED PAY —If the final retired grade of an officer is changed through the reopening of the officer’s retired grade under this subsection the retired pay of the officer under chapter 71 of this title shall be recalculated Any modification of the retired pay of the officer as a result of the change shall go into effect on the effective date of the change of the officer’s retired grade and the officer shall not be entitled or subject to any changed amount of retired pay for any period before such effective date An officer whose retired grade is changed as provided in paragraph 6 B shall not be entitled or subject to a change in retired pay for any period before the date on which the Senate provides advice and consent for the retirement of the officer in such grade ‘‘ g HIGHEST PERMANENT GRADE DEFINED —In this section the term ‘highest permanent grade’ means a grade at or below the grade of major general in the Army Air Force or Marine Corps rear admiral in the Navy or an equivalent grade in the Space Force ‘‘§ 1370a Officers entitled to retired pay for non-regular service ‘‘ a RETIREMENT IN HIGHEST GRADE HELD SATISFACTORILY — Unless entitled to a different grade or to credit for satisfactory service in a different grade under some other provision of law a person who is entitled to retired pay under chapter 1223 of this title shall upon application under section 12731 of this title H R 6395—194 be credited with satisfactory service in the highest permanent grade in which that person served satisfactorily at any time in the armed forces as determined by the Secretary of the military department concerned in accordance with this section ‘‘ b SERVICE-IN-GRADE REQUIREMENT FOR OFFICERS IN GRADES BELOW O–5 —In order to be credited with satisfactory service in an officer grade other than a warrant officer grade below the grade of lieutenant colonel or commander in the case of the Navy a person covered by subsection a must have served satisfactorily in that grade as determined by the Secretary of the military department concerned as a reserve commissioned officer in an active status or in a retired status on active duty for not less than six months ‘‘ c SERVICE-IN-GRADE REQUIREMENT FOR OFFICES IN GRADES ABOVE O–4 — ‘‘ 1 IN GENERAL —In order to be credited with satisfactory service in an officer grade above major or lieutenant commander in the case of the Navy a person covered by subsection a must have served satisfactorily in that grade as determined by the Secretary of the military department concerned as a reserve commissioned officer in an active status or in a retired status on active duty for not less than three years ‘‘ 2 SATISFACTION OF REQUIREMENT BY CERTAIN OFFICERS NOT COMPLETING THREE YEARS —A person covered by paragraph 1 who has completed at least six months of satisfactory service in grade may be credited with satisfactory service in the grade in which serving at the time of transfer or discharge notwithstanding failure of the person to complete three years of service in that grade if the person is transferred from an active status or discharged as a reserve commissioned officer— ‘‘ A solely due to the requirements of a nondiscretionary provision of law requiring that transfer or discharge due to the person’s age or years of service or ‘‘ B because the person no longer meets the qualifications for membership in the Ready Reserve solely because of a physical disability as determined 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-ingrade 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 H R 6395—195 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 threeyear period of service-in-grade required by paragraph 1 to a period not less than two years for any person including a person who upon transfer to the Retired Reserve or discharge is to be credited with satisfactory service in a general or flag officer grade under that paragraph The authority of the Secretary of Defense under this subparagraph may not be delegated ‘‘ D NOTICE TO CONGRESS ON REDUCTION IN SERVICEIN-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 H R 6395—196 for which the person served in that position while in the next lower grade The period credited may not include any period before the date on which the Senate provides advice and consent for the appointment of that person in the recommended grade ‘‘ 7 OFFICERS QUALIFIED FOR FEDERAL RECOGNITION SERVING IN CERTAIN GRADE BEFORE APPOINTMENT —To the extent authorized by the Secretary of the military department concerned a person who after having been found qualified for Federal recognition in a higher grade by a board under section 307 of title 32 serves in a position for which that grade is the minimum authorized grade and is appointed as a reserve officer in that grade may be credited for the purposes of paragraph 1 as having served in that grade The period of the service for which credit is afforded under the preceding sentence may be only the period for which the person served in the position after the Senate provides advice and consent for the appointment ‘‘ 8 RETIREMENT IN NEXT LOWEST GRADE FOR OFFICERS NOT MEETING SERVICE-IN-GRADE REQUIREMENTS —A person whose length of service in the highest grade held does not meet the service-in-grade requirements specified in this subsection shall be credited with satisfactory service in the next lower grade in which that person served satisfactorily as determined by the Secretary of the military department concerned for not less than six months ‘‘ d OFFICERS IN O–9 AND O–10 GRADES — ‘‘ 1 IN GENERAL —A person covered by this section in the Army Navy Air Force or Marine Corps who is serving or has served in a position of importance and responsibility designated by the President to carry the grade of lieutenant general or general in the Army Air Force or Marine Corps or vice admiral or admiral in the Navy under section 601 of this title may be retired in such grade under subsection a only after the Secretary of Defense certifies in writing to the President and the Committees on Armed Services of the Senate and the House of Representatives that the officer served satisfactorily in such grade ‘‘ 2 PROHIBITION ON DELEGATION —The authority of the Secretary of Defense to make a certification with respect to an officer under paragraph 1 may not be delegated ‘‘ 3 REQUIREMENTS IN CONNECTION WITH CERTIFICATION — A certification with respect to an officer under paragraph 1 shall— ‘‘ A be submitted by the Secretary of Defense such that it is received by the President and the Committees on Armed Services of the Senate and the House of Representatives not later than 60 days prior to the date on which the officer will be retired in the grade concerned ‘‘ B include an up-to-date copy of the military biography of the officer and ‘‘ C include the statement of the Secretary as to whether or not potentially adverse adverse or reportable information regarding the officer was considered by the Secretary in making the certification ‘‘ 4 CONSTRUCTION WITH OTHER NOTICE —In the case of an officer under paragraph 1 who is eligible to be credited with service in a grade only by reason of the exercise of the H R 6395—197 authority in subsection c 3 C to reduce the three-year service-in-grade requirement under subsection c 1 the requirement for notification under subsection c 3 D is satisfied if the notification is included in the certification submitted by the Secretary of Defense under paragraph 1 ‘‘ e CONDITIONAL RETIREMENT GRADE AND RETIREMENT FOR OFFICERS UNDER INVESTIGATION FOR MISCONDUCT OR PENDING ADVERSE PERSONNEL ACTION —The retirement grade and retirement of a person covered by this section who is under investigation for alleged misconduct or pending the disposition of an adverse personnel action at the time of retirement is as provided for by section 1370 d of this title In the application of such section 1370 d for purposes of this subsection any reference ‘active duty’ shall be deemed not to apply and any reference to a provision of section 1370 of this title shall be deemed to be a reference to the analogous provision of this section ‘‘ f FINAL RETIREMENT GRADE FOLLOWING RESOLUTION OF PENDING INVESTIGATION OR ADVERSE ACTION —The final retirement grade under this section of a person described in subsection e following resolution of the investigation or personnel action concerned is the final retirement grade provided for by section 1370 e of this title In the application of such section 1370 e for purposes of this subsection any reference to a provision of section 1370 of this title shall be deemed to be a reference to the analogous provision of this section In the application of paragraph 3 of such section 1370e e for purposes of this subsection the reference to ‘chapter 71’ of this title shall be deemed to be a reference to ‘chapter 1223 of this title’ ‘‘ g FINALITY OF RETIRED GRADE DETERMINATIONS — ‘‘ 1 IN GENERAL —Except for a conditional determination authorized by subsection e a determination of the retired grade of a person pursuant to this section is administratively final on the day the person is retired and may not be reopened ‘‘ 2 REOPENING —A determination of the retired grade of a person may be reopened in accordance with applicable provisions of section 1370 f of this title In the application of such section 1370 f for purposes of this subsection any reference to a provision of section 1370 of this title shall be deemed to be a reference to the analogous provision of this section In the application of paragraph 7 of such section 1370 f for purposes of this paragraph the reference to ‘chapter 71 of this title’ shall be deemed to be a reference to ‘chapter 1223 of this title’ ‘‘ h HIGHEST PERMANENT GRADE DEFINED —In this section the term ‘highest permanent grade’ means a grade at or below the grade of major general in the Army Air Force or Marine Corps or rear admiral in the Navy ’’ 2 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 69 of title 10 United States Code is amended by striking the item relating to section 1370 and inserting the following new items ‘‘1370 Regular commissioned officers ‘‘1370a Officers entitled to retired pay for non-regular service ’’ b CONFORMING AND TECHNICAL AMENDMENTS TO GRADE RULES FOR THE ARMED FORCES — 1 RETIRED PAY —Title 10 United States Code is as follows RETIRED amended H R 6395—198 A In section 1406 b 2 by striking ‘‘section 1370 d ’’ and inserting ‘‘section 1370a’’ B In section 1407 f 2 B by striking ‘‘by reason of denial of a determination or certification under section 1370’’ and inserting ‘‘pursuant to section 1370 or 1370a’’ 2 ARMY —Section 7341 of such title is amended— A by striking subsection a and inserting the following new subsection a ‘‘ a 1 The retired grade of a regular commissioned officer of the Army who retires other than for physical disability is determined under section 1370 of this title ‘‘ 2 The retired grade of a reserve commissioned officer of the Army who retires other than for physical disability is determined under section 1370a of this title ’’ and B in subsection b — i by striking ‘‘he’’ and inserting ‘‘the member’’ and ii by striking ‘‘his’’ and inserting ‘‘the member’s’’ 3 NAVY AND MARINE CORPS —Such title is further amended as follows A In section 8262 a by striking ‘‘sections 689 and 1370’’ and inserting ‘‘section 689 and section 1370 or 1370a as applicable ’’ B In section 8323 c by striking ‘‘section 1370 of this title’’ and inserting ‘‘section 1370 or 1370a of this title as applicable’’ 4 AIR FORCE AND SPACE FORCE —Section 9341 of such title is amended— A by striking subsection a and inserting the following new subsection a ‘‘ a 1 The retired grade of a regular commissioned officer of the Air Force or the Space Force who retires other than for physical disability is determined under section 1370 of this title ‘‘ 2 The retired grade of a reserve commissioned officer of the Air Force or the Space Force who retires other than for physical disability is determined under section 1370a of this title ’’ and B in subsection b — i by inserting ‘‘or a Regular or Reserve of the Space Force’’ after ‘‘Air Force’’ ii by striking ‘‘he’’ and inserting ‘‘the member’’ and iii by striking ‘‘his’’ and inserting ‘‘the member’s’’ 5 RESERVE OFFICERS —Section 12771 of such title is amended— A in subsection a by striking ‘‘section 1370 d ’’ and inserting ‘‘section 1370a of this title’’ and B in subsection b 1 by striking ‘‘section 1370 d ’’ and inserting ‘‘section 1370a’’ c OTHER REFERENCES —In the determination of the retired grade of a commissioned officer of the Armed Forces entitled to retired pay under chapter 1223 of title 10 United States Code who retires after the date of the enactment of this Act any reference in a provision of law or regulation to section 1370 of title 10 United States Code in such determination with respect to such officer shall be deemed to be a reference to section 1370a of title 10 United States Code as amended by subsection a H R 6395—199 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 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 ELEMENTS —The elements of the review shall include the following A 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 H R 6395—200 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 ‘‘§ 2036 Grants to support science technology engineering and mathematics education ‘‘ a 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 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 H R 6395—201 ‘‘ 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 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 H R 6395—202 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 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 Subject to regulations prescribed by the Secretary of Defense or the Secretary of Homeland Security with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy one point for each day of active service or one point for each drill or period of equivalent instruction that was prescribed by the Secretary concerned to be performed during the covered emergency period if such person was prevented from performing such duty due to travel or duty restrictions imposed by the President the Secretary of Defense or the Secretary of Homeland Security with respect to the Coast Guard ‘‘ ii A person may not be credited more than 35 points in a one-year period under this subparagraph ‘‘ iii In this subparagraph the term ‘covered emergency period’ means the period beginning on March 1 2020 and ending on the day that is 60 days after the date on which the travel or duty restriction applicable to the person concerned is lifted ’’ and 2 in the matter following subparagraph F as inserted by paragraph 1 by striking ‘‘and E ’’ and inserting ‘‘ E and F ’’ b AMOUNT OF RETIRED PAY —Section 12733 3 of such title is amended in the matter preceding subparagraph A by striking ‘‘or D ’’ and inserting ‘‘ D or F ’’ 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 H R 6395—203 B The number of individuals granted credit as a result of another extenuating circumstance 3 PUBLICATION —Not later than 30 days after submitting the report under paragraph 1 the Secretary shall— A publish the report on a publicly accessible website of the Department of Defense and B ensure that any data in the report is made available in a machine-readable format that is downloadable searchable and sortable SEC 517 QUARANTINE LODGING FOR MEMBERS OF THE RESERVE COMPONENTS WHO PERFORM CERTAIN SERVICE IN RESPONSE TO THE COVID–19 EMERGENCY a 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 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 H R 6395—204 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 The Secretary shall prepare the report in coordination with the Chief of the National Guard Bureau 2 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 PILOT PROGRAMS AUTHORIZED IN CONNECTION WITH SROTC UNITS AND CSPI PROGRAMS AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND MINORITY INSTITUTIONS a 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 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 H R 6395—205 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 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 PreCommissioning 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 H R 6395—206 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 H R 6395—207 for purposes of the pilot program including the number of such members participating in the pilot program ii The number of recipients of financial assistance provided under the pilot program including the number who— I completed a ground school course of instruction in connection with obtaining a private pilot’s certificate II completed flight training and the type of training certificate or both received III were selected for a pilot training slot in the Armed Forces IV initiated pilot training in the Armed Forces or V successfully completed pilot training in the Armed Forces iii The amount of financial assistance provided under the pilot program broken out by covered institution course of study and such other measures as the Secretary considers appropriate C Data collected in accordance with the evaluation metrics established under subsection e 3 FINAL REPORT —Not later than 180 days prior to the completion of the pilot programs the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs The report shall include the following A A description of the pilot programs B An assessment of the effectiveness of each pilot program C A description of the cost of each pilot program and an estimate of the cost of making each pilot program permanent D An estimate of the cost of expanding each pilot program throughout all eligible Senior Reserve Officers’ Training Corps units and College Student Pre-Commissioning Initiative programs E Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot programs including recommendations for extending or making permanent the authority for each pilot program g DEFINITIONS —In this section 1 The term ‘‘covered institution’’ has the meaning given that term in section 262 g 2 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 2 The term ‘‘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 H R 6395—208 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 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 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 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 a review of data regarding the frequency and speed of such authorizations during fiscal years 2015 through 2020 and H R 6395—209 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 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 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 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 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 H R 6395—210 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 ‘‘§ 1563a Honorary promotions on the initiative of the Department of Defense ‘‘ a IN GENERAL — 1 Under regulations prescribed by the Secretary of Defense the Secretary may make an honorary promotion whether or not posthumous of a former member or retired member of the armed forces to any grade not exceeding the grade of major general rear admiral upper half or an equivalent grade in the Space Force if the Secretary determines that the promotion is merited H R 6395—211 ‘‘ 2 The authority to make an honorary promotion under this subsection shall apply notwithstanding that the promotion is not otherwise authorized by law ‘‘ b NOTICE TO CONGRESS —The Secretary may not make an honorary promotion pursuant to subsection a until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a notice of the determination to make the promotion including a detailed discussion of the rationale supporting the determination ‘‘ c NOTICE OF PROMOTION —Upon making an honorary promotion pursuant to subsection a the Secretary shall expeditiously notify the former member or retired member concerned or the next of kin of such former member or retired member if such former member or retired member is deceased of the promotion ‘‘ d NATURE OF PROMOTION —Any promotion pursuant to this section is honorary and shall not affect the pay retired pay or other benefits from the United States to which the former member or retired member concerned is entitled or would have been entitled based on the military service of such former member or retired member nor affect any benefits to which any other person is or may become entitled based on the military service of such former member or retired member ’’ b MODIFICATION OF AUTHORITIES ON REVIEW OF PROPOSALS FROM CONGRESS — 1 STANDARDIZATION OF AUTHORITIES WITH AUTHORITIES ON 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 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 H R 6395—212 ‘‘ 2 The Secretary of Defense may not make an honorary promotion under this subsection until 60 days after the date on which the Secretary concerned submits the determination in connection with the proposal for the promotion under subsection b and the detailed rationale supporting the determination as described in that subsection to the Committees on Armed Services of the Senate and the House of Representatives and the requesting Member in accordance with that subsection ‘‘ 3 The authority to make an honorary promotion under this subsection shall apply notwithstanding that the promotion is not otherwise authorized by law ‘‘ 4 Any promotion pursuant to this subsection is honorary and shall not affect the pay retired pay or other benefits from the United States to which the former member or retired member concerned is or would have been entitled based upon the military service of such former member or retired member nor affect any benefits to which any other person may become entitled based on the military service of such former member or retired member ’’ 3 HEADING AMENDMENT —The heading of such section is amended to read as follows ‘‘§ 1563 Consideration of proposals from Members of Congress for honorary promotions procedures for review and promotion’’ c CLERICAL AMENDMENT —The table of sections at the beginning of chapter 80 of such title is amended by striking the item relating to section 1563 and inserting the following new items ‘‘1563 Consideration of proposals from Members of Congress for honorary promotions procedures for review and promotion ‘‘1563a Honorary promotions on the initiative of the Department of Defense ’’ SEC 524 EXCLUSION OF OFFICIAL PHOTOGRAPHS OF MEMBERS FROM RECORDS FURNISHED TO PROMOTION SELECTION BOARDS a 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 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 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 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 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 H R 6395—213 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 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 The cost of implementing such changes C 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 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 If the Secretary can determine the number without reviewing applications described in subsection a on a caseby-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 H R 6395—214 c 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 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 ‘‘§ 1561b Confidential reporting of sexual harassment ‘‘ a 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— H R 6395—215 ‘‘ 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 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 is amended by inserting after the item relating to section 1561b the following new item ‘‘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 H R 6395—216 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 ‘‘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 H R 6395—217 ‘‘ 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 H R 6395—218 ‘‘ 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 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 COORDINATION OF SUPPORT FOR SURVIVORS OF SEXUAL TRAUMA a 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 H R 6395—219 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 POLICY FOR MILITARY SERVICE ACADEMIES ON SEPARATION OF ALLEGED VICTIMS AND ALLEGED PERPETRATORS IN INCIDENTS OF SEXUAL ASSAULT a 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 H R 6395—220 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 SAFE-TO-REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES a IN GENERAL —The Secretary of Defense shall in consultation with the Secretaries of the military departments prescribe in regulations a safe-to-report policy described in subsection b that applies with respect to all members of the Armed Forces including members of the reserve components of the Armed Forces and cadets and midshipmen at the military service academies b SAFE-TO-REPORT POLICY —The safe-to-report policy described in this subsection is a policy that prescribes the handling of minor collateral misconduct involving a member of the Armed Forces who is the alleged victim of sexual assault c AGGRAVATING CIRCUMSTANCES —The regulations under subsection a shall specify aggravating circumstances that increase the gravity of minor collateral misconduct or its impact on good order and discipline for purposes of the safe-to-report policy d TRACKING OF COLLATERAL MISCONDUCT INCIDENTS —In conjunction with the issuance of regulations under subsection a Secretary shall develop and implement a process to track incidents of minor collateral misconduct that are subject to the safe-to-report policy e DEFINITIONS —In this section H R 6395—221 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 ACCOUNTABILITY OF LEADERSHIP OF THE DEPARTMENT OF DEFENSE FOR DISCHARGING THE SEXUAL HARASSMENT POLICIES AND PROGRAMS OF THE DEPARTMENT a STRATEGY ON HOLDING LEADERSHIP ACCOUNTABLE REQUIRED —The Secretary of Defense shall develop and implement Department of Defense-wide a strategy to hold individuals in positions of leadership in the Department including members of the Armed Forces and civilians accountable for the promotion support and enforcement of the policies and programs of the Department on sexual harassment b OVERSIGHT FRAMEWORK — 1 IN GENERAL —The strategy required by subsection a shall provide for an oversight framework for the efforts of the Department of Defense to promote support and enforce the policies and programs of the Department on sexual harassment 2 ELEMENTS —The oversight framework required by paragraph 1 shall include the following A Long-term goals objectives and milestones in connection with the policies and programs of the Department on sexual harassment B Strategies to achieve the goals objectives and milestones referred to in subparagraph A C Criteria for assessing progress toward the achievement of the goals objectives and milestones referred to in subparagraph A D Criteria for assessing the effectiveness of the policies and programs of the Department on sexual harassment E Mechanisms to ensure that adequate resources are available to the Office 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 H R 6395—222 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 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 inprogress 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 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 IN GENERAL —Not later than June 30 2021 the Secretary of Defense shall conduct a survey regarding the ability of Sexual Assault Response Coordinators and Sexual Assault Prevention and Response Victim Advocates to perform their duties 2 ELEMENTS —The survey required under paragraph 1 shall assess— A the current state of support provided to Sexual Assault Response Coordinators and Sexual Assault Prevention and Response Victim Advocates including— i perceived professional or other reprisal or retaliation and H R 6395—223 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 BRIEFING REQUIRED —Not later than 180 days after the date of the enactment of this Act the Judge Advocates General of the Army the Navy the Air Force and the Coast Guard and the Staff Judge Advocate to the Commandant of the Marine Corps shall each provide to the congressional defense committees a briefing on the status of the Special Victims’ Counsel program of the Armed Force concerned b ELEMENTS —Each briefing under subsection a shall include with respect to the Special Victims’ Counsel program of the Armed Force concerned the following 1 An assessment of whether the Armed Force is in compliance with the provisions of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 relating to the Special Victims’ Counsel program and if not what steps have been taken to achieve compliance with such provisions 2 An estimate of the average caseload of each Special Victims’ Counsel 3 A description of any staffing shortfalls in the Special Victims’ Counsel program or other programs of the Armed Force resulting from the additional responsibilities required of the Special Victims’ Counsel program under the National Defense Authorization Act for Fiscal Year 2020 4 An explanation of the ability of Special Victims’ Counsel to adhere to requirement that a counsel respond to a request for services within 72 hours of receiving such request 5 An assessment of the feasibility of providing crossservice Special Victims’ Counsel representation in instances H R 6395—224 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 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 NonRated 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 H R 6395—225 as the Court finds correct in law and in fact in accordance with subparagraph B 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 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 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 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 H R 6395—226 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 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 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 REMOVAL OF PERSONALLY IDENTIFYING AND OTHER INFORMATION OF CERTAIN PERSONS FROM INVESTIGATIVE REPORTS THE DEPARTMENT OF DEFENSE CENTRAL INDEX OF INVESTIGATIONS AND OTHER RECORDS AND DATABASES a POLICY AND PROCESS REQUIRED —Not later than October 1 2021 the Secretary of Defense shall establish and maintain a policy and process through which any covered person may request that the person’s name personally identifying information and other information pertaining to the person shall in accordance with subsection c be corrected in or expunged or otherwise removed from the following 1 A law enforcement or criminal investigative report of the Department of Defense or any component of the Department 2 An index item or entry in the Department of Defense Central Index of Investigations DCII 3 Any other record maintained in connection with a report described in paragraph 1 or an index item or entry described H R 6395—227 in paragraph 2 in any system of records records database records center or repository maintained by or on behalf of the Department b COVERED PERSONS —For purposes of this section a covered person is any person whose name was placed or reported or is maintained— 1 in the subject or title block of a law enforcement or criminal investigative report of the Department of Defense or any component of the Department 2 as an item or entry in the Department of Defense Central Index of Investigations or 3 in any other record maintained in connection with a report described in paragraph 1 or an index item or entry described in paragraph 2 in any system of records records database records center or repository maintained by or on behalf of the Department c ELEMENTS —The policy and process required by subsection a shall include the following elements 1 BASIS FOR CORRECTION OR EXPUNGEMENT —That the name personally identifying information and other information of a covered person shall be corrected in or expunged or otherwise removed from a report item or entry or record described in paragraphs 1 through 3 of subsection a in the following circumstances A Probable cause did not or does not exist to believe that the offense for which the person’s name was placed or reported or is maintained in such report item or entry or record occurred or insufficient evidence existed or exists to determine whether or not such offense occurred B Probable cause did not or does not exist to believe that the person actually committed the offense for which the person’s name was so placed or reported or is so maintained or insufficient evidence existed or exists to determine whether or not the person actually committed such offense C Such other circumstances or on such other bases as the Secretary may specify in establishing the policy and process which circumstances and bases may not be inconsistent with the circumstances and bases provided by subparagraphs A and B 2 CONSIDERATIONS —While not dispositive as to the existence of a circumstance or basis set forth in paragraph 1 the following shall be considered in the determination whether such circumstance or basis applies to a covered person for purposes of this section A The extent or lack of corroborating evidence against the covered person concerned with respect to the offense at issue B Whether adverse administrative disciplinary judicial or other such action was initiated against the covered person for the offense at issue C The type nature and outcome of any action described in subparagraph B against the covered person 3 PROCEDURES —The policy and process required by subsection a shall include procedures as follows A Procedures under which a covered person may appeal a determination of the applicable component of the H R 6395—228 Department of Defense denying whether in whole or in part a request for purposes of subsection a B Procedures under which the applicable component of the Department will correct expunge or remove take other appropriate action on or assist a covered person in so doing any record maintained by a person organization or entity outside of the Department to which such component provided submitted or transmitted information about the covered person which information has or will be corrected in or expunged or removed from Department records pursuant to this section C The timeline pursuant to which the Department or a component of the Department as applicable will respond to each of the following i A request pursuant to subsection a ii An appeal under the procedures required by subparagraph A iii A request for assistance under the procedures required by subparagraph B D Mechanisms through which the Department will keep a covered person apprised of the progress of the Department on a covered person’s request or appeal as described in subparagraph C d APPLICABILITY —The policy and process required to be developed by the Secretary under subsection a shall not be subject to the notice and comment rulemaking requirements under section 553 of title 5 United States Code e REPORT —Not later than October 1 2021 the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the actions taken to carry out this section including a comprehensive description of the policy and process developed and implemented by the Secretary under subsection a SEC 546 BRIEFING ON MENTAL HEALTH SUPPORT FOR VICARIOUS TRAUMA FOR CERTAIN PERSONNEL IN THE MILITARY JUSTICE SYSTEM a BRIEFING REQUIRED —Not later than 180 days after the date of the enactment of this Act the Judge Advocates General of the Army the Navy and the Air Force and the Staff Judge Advocate to the Commandant of the Marine Corps shall jointly brief the Committees on Armed Services of the Senate and the House of Representatives on the mental health support for vicarious trauma provided to personnel in the military justice system specified in subsection b b PERSONNEL —The personnel specified in this subsection are the following 1 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 ELEMENTS —The briefing required by subsection a shall include the following H R 6395—229 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 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 H R 6395—230 3 Any other matters in connection with such recommendation or requirement and the implementation of such recommendation or requirement by the Armed Forces that the Comptroller General considers appropriate c BRIEFINGS —Not later than May 1 2021 the Comptroller General shall provide the committees referred to in subsection a one or more briefings on the status of the study required by that subsection including any preliminary findings and recommendations of the Comptroller General as a result of the study as of the date of such briefing SEC 548 LEGAL ASSISTANCE FOR VETERANS SPOUSES AND DEPENDENTS AND SURVIVING 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 ‘‘§ 5906 Availability of legal assistance at Department facilities ‘‘ a IN GENERAL —Not less frequently than three times each year the Secretary shall facilitate the provision by a qualified legal assistance clinic of pro bono legal assistance described in subsection c to eligible individuals at not fewer than one medical center of the Department of Veterans Affairs or such other facility of the Department as the Secretary considers appropriate in each State ‘‘ b ELIGIBLE INDIVIDUALS —For purposes of this section an eligible individual is— ‘‘ 1 any veteran ‘‘ 2 any surviving spouse or ‘‘ 3 any child of a veteran who has died ‘‘ c PRO BONO LEGAL ASSISTANCE DESCRIBED —The pro bono legal assistance described in this subsection is the following ‘‘ 1 Legal assistance with any program administered by the Secretary ‘‘ 2 Legal assistance associated with— ‘‘ A improving the status of a military discharge or characterization of service in the Armed Forces including through a discharge review board or ‘‘ B seeking a review of a military record before a board of correction for military or naval records ‘‘ 3 Such other legal assistance as the Secretary— ‘‘ A considers appropriate and ‘‘ B determines may be needed by eligible individuals ‘‘ d LIMITATION ON USE OF FACILITIES —Space in a medical center or facility designated under subsection a shall be reserved for and may only be used by the following subject to review and removal from participation by the Secretary ‘‘ 1 A veterans service organization or other nonprofit organization ‘‘ 2 A legal assistance clinic associated with an accredited law school ‘‘ 3 A legal services organization ‘‘ 4 A bar association H R 6395—231 ‘‘ 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 is amended by adding at the end the following new item ‘‘5906 Availability of legal assistance at Department facilities ’’ b PILOT PROGRAM TO ESTABLISH AND SUPPORT ANCE CLINICS — 1 PILOT PROGRAM REQUIRED — A IN GENERAL —Not later than one LEGAL ASSIST- year after the date of the enactment of this Act the Secretary of Veterans Affairs shall establish a pilot program to assess the feasibility and advisability of awarding grants to eligible entities to establish new legal assistance clinics or enhance existing legal assistance clinics or other pro bono efforts for the provision of pro bono legal assistance described in subsection c of section 5906 of title 38 United States Code as added by subsection a on a year-round basis to individuals who served in the Armed Forces including individuals who served in a reserve component of the Armed Forces and who were discharged or released therefrom regardless of the conditions of such discharge or release at locations other than medical centers and facilities described in subsection a of such section B RULE OF CONSTRUCTION —Nothing in subparagraph A shall be construed to limit or affect— i the provision of pro bono legal assistance to eligible individuals at medical centers and facilities of the Department of Veterans Affairs under section 5906 a of title 38 United States Code as added by subsection a or ii any other legal assistance provided pro bono at medical centers or facilities of the Department as of the date of the enactment of this Act 2 ELIGIBLE ENTITIES —For purposes of the pilot program an eligible entity is— A a veterans service organization or other nonprofit organization specifically focused on assisting veterans B an entity specifically focused on assisting veterans and associated with an accredited law school C a legal services organization or bar association or D such other type of entity as the Secretary considers appropriate for purposes of the pilot program 3 LOCATIONS —The Secretary shall ensure that at least one grant is awarded under paragraph 1 A to at least one eligible entity in each State if the Secretary determines that there is such an entity in a State that has applied for and meets requirements for the award of such a grant H R 6395—232 4 DURATION —The Secretary shall carry out the pilot program during the five-year period beginning on the date on which the Secretary establishes the pilot program 5 APPLICATION —An eligible entity seeking a grant under the pilot program shall submit to the Secretary an application therefore at such time in such manner and containing such information as the Secretary may require 6 SELECTION —The Secretary shall select eligible entities who submit applications under paragraph 5 for the award of grants under the pilot program using a competitive process that takes into account the following A Capacity of the applicant entity to serve veterans and ability of the entity to provide sound legal advice B Demonstrated need of the veteran population the applicant entity would serve C Demonstrated need of the applicant entity for assistance from the grants D Geographic diversity of applicant entities E Such other criteria as the Secretary considers appropriate 7 GRANTEE REPORTS —Each recipient of a grant under the pilot program shall in accordance with such criteria as the Secretary may establish submit to the Secretary a report on the activities of the recipient and how the grant amounts were used c REVIEW OF PRO BONO ELIGIBILITY OF FEDERAL WORKERS — 1 IN GENERAL —The Secretary 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 SUBMITTAL TO CONGRESS —Not later than one year after the date of the enactment of this Act the Secretary shall submit to the appropriate committees of Congress— A the findings of the Secretary with respect to the review conducted under paragraph 1 and B the recommendations developed by the Secretary under paragraph 2 d REPORT —Not later than 180 days after the date of the enactment of this Act the Secretary shall submit to the appropriate committees of Congress a report on the status of the implementation of this section e DEFINITIONS —In this section 1 APPROPRIATE COMMITTEES OF CONGRESS —The term ‘‘appropriate committees of Congress’’ means— A the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate and B the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives H R 6395—233 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 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 MULTIDISCIPLINARY EVENTS BOARD TO EVALUATE SUICIDE 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 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 H R 6395—234 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 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 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 H R 6395—235 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 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 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 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 H R 6395—236 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 Lists of available support services such as legal medical and victim advocacy services through the Department of Defense and the military department concerned H R 6395—237 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 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 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 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 H R 6395—238 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 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 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 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 H R 6395—239 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 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 H R 6395—240 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 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 ’’ H R 6395—241 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 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 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 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 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 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 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 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 H R 6395—242 ‘‘ 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 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 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 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 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 H R 6395—243 b REQUIREMENT TO CONSIDER ALL BEST QUALIFIED OFFICERS 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 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 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 Any data used by the Defense Board and in the development of its findings and recommendations E 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 FOR H R 6395—244 Defense Advisory Committee on Diversity and Inclusion in the Armed Forces 2 ELEMENTS —The report required by paragraph 1 shall include the following A The mission statement or purpose of the Advisory Committee and any proposed objectives and goals of the Advisory Committee B A description of current members of the Advisory Committee and the criteria used for selecting members C A description of the duties and scope of activities of the Advisory Committee D The reporting structure of the Advisory Committee E An estimate of the annual operating costs and staff years of the Advisory Committee F An estimate of the number and frequency of meetings of the Advisory Committee G Any subcommittees established or proposed that would support the Advisory Committee 3 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 NATIONAL EMERGENCY EXCEPTION FOR TIMING REQUIREMENTS WITH RESPECT TO CERTAIN SURVEYS OF MEMBERS OF THE ARMED FORCES a MEMBERS OF REGULAR AND RESERVE COMPONENTS —Subsection d of section 481 of title 10 United States Code is amended to read as follows ‘‘ d WHEN SURVEYS REQUIRED — 1 The Armed Forces Workplace and Gender Relations Surveys of the Active Duty and the Armed Forces Workplace and Gender Relations Survey of the Reserve Components shall each be conducted once every two years The surveys may be conducted within the same year or in two separate years and shall be conducted in a manner designed to reduce the burden of the surveys on members of the armed forces ‘‘ 2 The two Armed Forces Workplace and Equal Opportunity Surveys shall be conducted at least once every four years The surveys may be conducted within the same year or in two separate years and shall be conducted in a manner designed to reduce the burden of the surveys on members of the armed forces ‘‘ 3 A The Secretary of Defense may postpone the conduct of a survey under this section if the Secretary determines that conducting such survey is not practicable due to a war or national emergency declared by the President or Congress ‘‘ B The Secretary shall ensure that a survey postponed under subparagraph A is conducted as soon as practicable after the end of the period of war or national emergency concerned or earlier if the Secretary determines appropriate ‘‘ C The Secretary shall notify Congress of a determination under subparagraph A not later than 30 days after the date on which the Secretary makes such determination ’’ b CADETS AND MIDSHIPMEN — H R 6395—245 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 ’’ H R 6395—246 SEC 553 QUESTIONS REGARDING RACISM ANTI-SEMITISM AND SUPREMACISM IN WORKPLACE SURVEYS ADMINISTERED BY THE SECRETARY OF DEFENSE Section 593 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 is amended— 1 by inserting ‘‘ a QUESTIONS REQUIRED —’’ before ‘‘The Secretary’’ 2 in paragraph 1 by inserting ‘‘ racist anti-Semitic or supremacist’’ after ‘‘extremist’’ and 3 by adding at the end the following new subsection ‘‘ b 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 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 ERAL OF THE DEPARTMENT OF DEFENSE — 1 IN GENERAL —Not later than 90 days after the GEN- 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 H R 6395—247 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 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 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 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 H R 6395—248 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 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 H R 6395—249 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 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 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 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— H R 6395—250 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 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 EVALUATION OF BARRIERS TO MINORITY PARTICIPATION IN CERTAIN UNITS OF THE ARMED FORCES a STUDY REQUIRED — 1 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 Recommendations to increase the numbers of minority officers in the Armed Forces G Recommendations to increase minority participation in covered units H R 6395—251 H Any other matters the Secretary determines appropriate 3 REPORT TO CONGRESS —The Secretary shall— A submit to the congressional defense committees a report on the results of the study by not later than January 1 2022 and B provide interim briefings to such committees upon request 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 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 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 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 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 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 H R 6395—252 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 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 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 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 is amended by striking ‘‘five’’ and inserting ‘‘six’’ b 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 AUTHORIZATIONS FOR CERTAIN AWARDS a DISTINGUISHED-SERVICE CROSS TO RAMIRO F OLIVO ACTS OF VALOR DURING THE VIETNAM WAR — FOR H R 6395—253 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 H R 6395—254 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 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 An assessment of the conditions of service of radiationexposed veterans 3 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 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 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 H R 6395—255 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 ’’ H R 6395—256 3 CONFORMING AND CLERICAL AMENDMENTS — A HEADING AMENDMENT —The heading of such section is amended to read as follows ‘‘§ 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 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 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— H R 6395—257 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 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 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 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 H R 6395—258 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 INFORMATION ON NOMINATIONS AND APPLICATIONS FOR MILITARY SERVICE ACADEMIES a NOMINATIONS PORTAL — 1 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 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 H R 6395—259 2 CONSISTENCY WITH OMB GUIDANCE —The standard classifications established under paragraph 1 shall be consistent with the standard classifications specified in Office of Management and Budget Directive No 15 pertaining to race and ethnic standards for Federal statistics and administrative reporting or any successor directive 3 INCORPORATION INTO APPLICATIONS AND RECORDS —Not later than 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 make the results of each report under paragraph 1 available on a publicly accessible website of the Department of Defense and B 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 H R 6395—260 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 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 H R 6395—261 d ADDITIONAL ELEMENTS —In addition to the matters described in subsection a the review and report under this section shall also include the following 1 A 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 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 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 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 H R 6395—262 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 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 such recommendations as the Secretary may have for higher education in the counterterrorism irregular and asymmetrical domains SEC 578 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 H R 6395—263 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 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 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 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 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 H R 6395—264 Subtitle I—Military Family Readiness and Dependents’ Education SEC 581 FAMILY READINESS DEFINITIONS STRATEGY REVIEW REPORT COMMUNICATION a 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 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 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 H R 6395—265 ‘‘ 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 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 H R 6395—266 C The level of satisfaction of military families with special needs with the family and medical support they are provided 7 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 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 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’’ H R 6395—267 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 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 H R 6395—268 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 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 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 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 IMPROVEMENTS TO PARTNER CRITERIA OF THE MILITARY SPOUSE EMPLOYMENT PARTNERSHIP PROGRAM a 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 H R 6395—269 4 Companies that employ telework b 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 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 Such report shall include the following 1 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 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 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 an assessment whether the child care needs of members of the Armed Forces and civilian employees of H R 6395—270 the Department described in subsection a would be better met by an increase in assistance for child care fees D 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 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 PILOT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO MEMBERS OF THE ARMED FORCES FOR IN-HOME CHILD CARE a 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 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 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 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 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 H R 6395—271 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 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 H R 6395—272 Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities 3 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 STUDENTTO-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 studentto-teacher ratios that do not exceed the maximum student-toteacher 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 PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS a 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 to evaluate the feasibility and advisability of expanding enrollment in covered DODEA schools and 2 to determine how increased access to such schools will affect military and family readiness c ENROLLMENT ON SPACE-AVAILABLE BASIS —A student participating in the pilot program under this section may be enrolled in a covered DODEA school only if the school has the capacity to accept the student as determined by the Director of the Department of Defense Education Activity d LOCATIONS —The Secretary of Defense shall carry out the pilot program under this section at not more than four military installations at which covered DODEA schools are located The H R 6395—273 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 PILOT PROGRAM ON EXPANDED ELIGIBILITY FOR DEPARTMENT OF DEFENSE EDUCATION ACTIVITY VIRTUAL HIGH SCHOOL PROGRAM a PILOT PROGRAM REQUIRED — 1 IN GENERAL —The Secretary of Defense shall carry out a pilot program on permitting dependents of members of the Armed Forces on active duty to enroll in the Department of Defense Education Activity Virtual High School program in this section referred to as the ‘‘DVHS program’’ 2 PURPOSES —The purposes of the pilot program shall be as follows A To evaluate the feasibility and scalability of the DVHS program B To assess the impact of expanded enrollment in the DVHS program under the pilot program on military and family readiness 3 DURATION —The duration of the pilot program shall be four academic years b PARTICIPANTS — 1 IN GENERAL —Participants in the pilot program shall be selected by the Secretary from among dependents of members of the Armed Forces on active duty who— A are in a grade 9 through 12 B are currently ineligible to enroll in the DVHS program and C either— i require supplementary courses to meet graduation requirements in the current State of residence or ii otherwise demonstrate to the Secretary a clear need to participate in the DVHS program 2 PREFERENCE IN SELECTION —In selecting participants in the pilot program the Secretary shall afford a preference to the following A Dependents who reside in a rural area B Dependents who are home-schooled students 3 LIMITATIONS —The total number of course enrollments per academic year authorized under the pilot program may H R 6395—274 not exceed 400 course enrollments No single dependent participating in the pilot program may take more than two courses per academic year under the pilot program c REPORTS — 1 INTERIM REPORT —Not later than two years after the date of the enactment of this Act the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report on the pilot program 2 FINAL REPORT —Not later than 180 days after the completion of the pilot program the Secretary shall submit to the committees of Congress referred to in paragraph 1 a final report on the pilot programs 3 ELEMENTS —Each report under this subsection shall include the following A A description of the demographics of the dependents participating in the pilot program through the date of such report B Data on and an assessment of student performance in virtual coursework by dependents participating in the pilot program over the duration of the pilot program C Such recommendation as the Secretary considers appropriate on whether to make the pilot program permanent d DEFINITIONS —In this section 1 The term ‘‘rural area’’ has the meaning given the term in section 520 of the Housing Act of 1949 42 U S C 1490 2 The term ‘‘home-schooled student’’ means a student in a grade equivalent to grade 9 through 12 who receives educational instruction at home or by other non-traditional means outside of a public or private school system either all or most of the time SEC 589E TRAINING PROGRAM REGARDING FOREIGN MALIGN INFLUENCE CAMPAIGNS a 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 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 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 H R 6395—275 SEC 589F STUDY ON CYBEREXPLOITATION AND ONLINE DECEPTION OF MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES a 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 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 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 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 H R 6395—276 and the Senate a report on the findings of the Secretary with respect to the study under subsection a 2 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 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 H R 6395—277 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— H R 6395—278 A 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 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 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 is amended H R 6395—279 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 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 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 — H R 6395—280 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 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 H R 6395—281 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 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 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 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 H R 6395—282 1 A list of the actions required as of the date of such report to complete full implementation of each of the 16 actions recommended by the Comprehensive Review referred to in subsection a 2 An identification of the office responsible for completing each action listed pursuant to paragraph 1 and an estimated timeline for completion of such action 3 If completion of any action listed pursuant to paragraph 1 requires resources or actions for which authorization by statute is required a recommendation for legislative action for such authorization 4 Any other matters the Assistant Secretary or the Commander considers appropriate SEC 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 IN GENERAL —Not later than December 31 2020 the Secretary of Homeland Security in consultation with the Secretary of Defense and the Secretary of State shall submit to the congressional defense committees a report on the impact of the children of certain Filipino World War II veterans on the national security foreign policy and economic and humanitarian interests of the United States b ELEMENTS —The report required by subsection a shall include the following 1 The number of Filipino World War II veterans who fought under the United States flag during World War II to protect and defend the United States in the Pacific theater 2 The number of Filipino World War II veterans who died fighting under the United States flag during World War II to protect and defend the United States in the Pacific theater 3 An assessment of the economic and tax contributions that Filipino World War II veterans and their families have made to the United States 4 An assessment of the impact on the United States of exempting from the numerical limitations on immigrant visas the children of the Filipino World War II veterans who were naturalized under— A section 405 of the Immigration Act of 1990 Public Law 101–649 8 U S C 1440 note or B title III of the Nationality Act of 1940 54 Stat 1137 chapter 876 as added by section 1001 of the Second War Powers Act 1942 56 Stat 182 chapter 199 TITLE VI—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 H R 6395—283 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 INCREASE IN BASIC PAY 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 — H R 6395—284 1 IN GENERAL —The period of maternity leave taken by a member of the reserve components of the Armed Forces in connection with the birth of a child shall count toward the member’s entitlement to retired pay and in connection with the years of service used in computing retired pay under chapter 1223 of title 10 United States Code as 12 points 2 SEPARATE CREDIT FOR EACH PERIOD OF LEAVE —Separate crediting of points shall accrue to a member pursuant to this subsection for each period of maternity leave taken by the member in connection with a childbirth event 3 WHEN CREDITED —Points credited a member for a period of maternity leave pursuant to this subsection shall be credited in the year in which the period of maternity leave concerned commences 4 CONTRIBUTION OF LEAVE TOWARD ENTITLEMENT TO RETIRED PAY —Section 12732 a 2 of title 10 United States Code 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 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 STATES — FOR DUTY OUTSIDE THE CONTINENTAL UNITED H R 6395—285 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 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 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 ONE-TIME UNIFORM ALLOWANCE FOR OFFICERS WHO TRANSFER TO THE SPACE FORCE a 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 during the period beginning on December 20 2019 and ending on September 30 2022 and 2 on or after the date the Secretary of the Air Force prescribes the official uniform for the Space Force H R 6395—286 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 2 Section 16302 d relating to repayment of education loans for certain health professionals who serve in the Selected Reserve c AUTHORITIES RELATING TO NUCLEAR OFFICERS —Section 333 i of title 37 United States Code is amended by striking ‘‘December 31 2020’’ and inserting ‘‘December 31 2021’’ d AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL PAY INCENTIVE PAY AND BONUS AUTHORITIES —The following sections of title 37 United States Code are amended by striking ‘‘December 31 2020’’ and inserting ‘‘December 31 2021’’ 1 Section 331 h relating to general bonus authority for enlisted members 2 Section 332 g relating to general bonus authority for officers 3 Section 334 i relating to special aviation incentive pay and bonus authorities for officers 4 Section 335 k relating to special bonus and incentive pay authorities for officers in health professions 5 Section 336 g relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps 6 Section 351 h relating to hazardous duty pay 7 Section 352 g relating to assignment pay or special duty pay 8 Section 353 i relating to skill incentive pay or proficiency bonus 9 Section 355 h relating to retention incentives for members qualified in critical military skills or assigned to high priority units e AUTHORITY TO PROVIDE TEMPORARY INCREASE IN RATES OF BASIC ALLOWANCE FOR HOUSING —Section 403 b 7 E of title 37 United States Code is amended by striking ‘‘December 31 2020’’ and inserting ‘‘December 31 2021’’ SEC 612 INCREASE IN SPECIAL AND INCENTIVE PAYS FOR OFFICERS IN HEALTH PROFESSIONS a ACCESSION BONUS GENERALLY —Subparagraph A of section 335 e 1 of title 37 United States Code is amended by striking ‘‘$30 000’’ and inserting ‘‘$100 000’’ H R 6395—287 b ACCESSION BONUS FOR CRITICALLY SHORT WARTIME SPECIALTIES —Subparagraph B of such section is amended by striking ‘‘$100 000’’ and inserting ‘‘$200 000’’ c RETENTION BONUS —Subparagraph C of such section is amended by striking ‘‘$75 000’’ and inserting ‘‘$150 000’’ d INCENTIVE PAY —Subparagraph D of such section is amended— 1 in clause i by striking ‘‘$100 000’’ and inserting ‘‘$200 000’’ and 2 in clause ii by striking ‘‘$15 000’’ and inserting ‘‘$50 000’’ e BOARD CERTIFICATION PAY —Subparagraph E of such section is amended by striking ‘‘$6 000’’ and inserting ‘‘$15 000’’ f EFFECTIVE DATE —The amendments made by this section shall apply with respect to special bonus and incentive pays payable under section 335 of title 37 United States Code pursuant to agreements entered into under that section on or after the date of the enactment of this Act SEC 613 INCREASE IN CERTAIN HAZARDOUS DUTY INCENTIVE PAY FOR MEMBERS OF THE UNIFORMED SERVICES Section 351 b of title 37 United States Code is amended by striking ‘‘$250’’ both places it appears and inserting ‘‘$275’’ SEC 614 PAYMENT OF HAZARDOUS DUTY INCENTIVE PAY FOR MEMBERS OF THE UNIFORMED SERVICES Section 351 of title 37 United States Code is amended— 1 in subsection c 2 — A in subparagraph A i by striking ‘‘shall’’ and inserting ‘‘may’’ B in subparagraph B — i by striking ‘‘paragraph 2 or 3 ’’ and inserting ‘‘paragraph 2 ’’ ii by striking ‘‘the Secretary concerned may prorate’’ and all that follows and inserting ‘‘the Secretary concerned—’’ and C by adding at the end the following ‘‘ i may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month and ‘‘ ii in the case of member who performs hazardous duty specifically designated by the Secretary concerned shall pay the member hazardous duty pay in an amount not to exceed the maximum amount of hazardous duty pay that would be payable to the member under subsection b 2 for the entire month regardless of the duration of the qualifying service ‘‘ C In the case of hazardous duty pay payable under paragraph 3 of subsection a the Secretary concerned may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month ’’ and 2 in subsection h by striking ‘‘December 31 2020’’ and inserting ‘‘December 31 2021’’ H R 6395—288 SEC 615 CLARIFICATION OF 30 DAYS OF CONTINUOUS DUTY ON BOARD A SHIP REQUIRED FOR FAMILY SEPARATION ALLOWANCE FOR MEMBERS OF THE UNIFORMED SERVICES Section 427 a 1 B of title 37 United States Code is amended by inserting ‘‘ or under orders to remain on board the ship while at the home port ’’ after ‘‘of the ship’’ Subtitle C—Disability Pay Retired Pay and Family and Survivor Benefits SEC 621 MODERNIZATION AND CLARIFICATION OF PAYMENT OF CERTAIN RESERVES WHILE ON DUTY a CHANGE IN PRIORITY OF PAYMENTS FOR RETIRED OR RETAINER PAY —Subsection a of section 12316 of title 10 United States Code is amended— 1 in the matter preceding paragraph 1 — A by striking ‘‘subsection b ’’ and inserting ‘‘subsection c ’’ and B by striking ‘‘his earlier military service’’ and inserting ‘‘the Reserve’s earlier military service’’ C by striking ‘‘a pension retired or retainer pay or disability compensation’’ and inserting ‘‘retired or retainer pay’’ and D by striking ‘‘he is entitled’’ and inserting ‘‘the Reserve is entitled’’ and 2 by striking paragraphs 1 and 2 and inserting the following new paragraphs ‘‘ 1 the pay and allowances authorized by law for the duty that the Reserve is performing or ‘‘ 2 if the Reserve specifically waives those payments the retired or retainer pay to which the Reserve is entitled because of the Reserve’s earlier military service ’’ b PAYMENTS FOR PENSION OR DISABILITY COMPENSATION — Such section is further amended— 1 by redesignating subsection b as subsection c and 2 by inserting after subsection a the following new subsection b ‘‘ b Except as provided by subsection c a Reserve of the Army Navy Air Force Marine Corps or Coast Guard who because of the Reserve’s earlier military service is entitled to a pension or disability compensation and who performs duty for which the Reserve is entitled to compensation may elect to receive for that duty either— ‘‘ 1 the pension or disability compensation to which the Reserve is entitled because of the Reserve’s earlier military service or ‘‘ 2 if the Reserve specifically waives those payments the pay and allowances authorized by law for the duty that the Reserve is performing ’’ c ADDITIONAL CONFORMING AND MODERNIZING AMENDMENTS —Subsection c of such section as redesignated by subsection b 1 of this section is amended— 1 by striking ‘‘ a 2 ’’ both places it appears and inserting ‘‘ a 1 or b 2 as applicable ’’ H R 6395—289 2 by striking ‘‘his earlier military service’’ the first place it appears and inserting ‘‘a Reserve’s earlier military service’’ 3 by striking ‘‘his earlier military service’’ each other place it appears and inserting ‘‘the Reserve’s earlier military service’’ 4 by striking ‘‘he is entitled’’ and inserting ‘‘the Reserve is entitled’’ and 5 by striking ‘‘the member or his dependents’’ and inserting ‘‘the Reserve or the Reserve’s dependents’’ d PROCEDURES —Such section is further amended by adding at the end the following new subsection ‘‘ d The Secretary of Defense shall prescribe regulations under which a Reserve of the Army Navy Air Force Marine Corps or Coast Guard may waive the pay and allowances authorized by law for the duty the Reserve is performing under subsection a 2 or b 2 ’’ e EFFECTIVE DATE —The amendments made by this section shall take effect 180 days after the date of the enactment of this Act SEC 622 RESTATEMENT AND CLARIFICATION OF AUTHORITY TO REIMBURSE MEMBERS FOR SPOUSE RELICENSING COSTS PURSUANT TO A PERMANENT CHANGE OF STATION a IN GENERAL —Section 453 of title 37 United States Code is amended by adding at the end the following new subsection ‘‘ g REIMBURSEMENT OF QUALIFYING SPOUSE RELICENSING COSTS INCIDENT TO A MEMBER’S PERMANENT CHANGE OF STATION OR ASSIGNMENT — 1 From amounts otherwise made available for a fiscal year to provide travel and transportation allowances under this chapter the Secretary concerned may reimburse a member of the uniformed services for qualified relicensing costs of the spouse of the member when— ‘‘ A the member is reassigned either as a permanent change of station or permanent change of assignment between duty stations located in separate jurisdictions with unique licensing or certification requirements and authorities and ‘‘ B the movement of the member’s dependents is authorized at the expense of the United States under this section as part of the reassignment ‘‘ 2 Reimbursement provided to a member under this subsection may not exceed $1000 in connection with each reassignment described in paragraph 1 ‘‘ 3 No reimbursement may be provided under this subsection for qualified relicensing costs paid or incurred after December 31 2024 ‘‘ 4 In this subsection the term ‘qualified relicensing costs’ means costs including exam continuing education courses and registration fees incurred by the spouse of a member if— ‘‘ A the spouse was licensed or certified in a profession during the member’s previous duty assignment and requires a new license or certification to engage in that profession in a new jurisdiction because of movement described in paragraph 1 B in connection with the member’s change in duty location pursuant to reassignment described in paragraph 1 A and ‘‘ B the costs were incurred or paid to secure or maintain the license or certification from the new jurisdiction in connection with such reassignment ’’ H R 6395—290 b REPEAL OF SUPERSEDED AUTHORITY —Section 476 of such title is amended by striking subsection p SEC 623 EXPANSION OF DEATH GRATUITY FOR ROTC GRADUATES Section 623 b of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 is amended by striking ‘‘the date of the enactment of this Act’’ and inserting ‘‘May 1 2017’’ SEC 624 EXPANSION OF ASSISTANCE FOR GOLD STAR SPOUSES AND OTHER DEPENDENTS Section 633 a of the National Defense Authorization Act for Fiscal Year 2014 10 U S C 1475 note is amended— 1 by redesignating paragraphs 1 through 4 as subparagraphs A through D respectively 2 by inserting ‘‘ 1 ’’ before ‘‘Each Secretary’’ 3 in the matter preceding paragraph 1 by inserting ‘‘a casualty assistance officer who is’’ after ‘‘jurisdiction of such Secretary’’ 4 by striking ‘‘spouses and other dependents of members’’ and all that follows through ‘‘services ’’ and inserting an em dash and 5 by inserting before subparagraph A as redesignated the following ‘‘ A a spouse and any other dependent of a member of such Armed Force including the reserve components thereof who dies on active duty and ‘‘ B a dependent described in subparagraph A if the spouse of the deceased member dies and the dependent or the guardian of such dependent requests such assistance ‘‘ 2 Casualty assistance officers described in paragraph 1 shall provide to spouses and dependents described in that paragraph the following services ’’ SEC 625 GOLD STAR FAMILIES PARKS PASS a IN GENERAL —Section 805 b of the Federal Lands Recreation Enhancement Act 16 U S C 6804 b is amended by adding at the end the following ‘‘ 3 GOLD STAR FAMILIES PARKS PASS —The Secretary shall make the National Parks and Federal Recreational Lands Pass available at no cost to members of Gold Star Families who meet the eligibility requirements of section 3 2 of Department of Defense Instruction 1348 36 or a successor instruction ’’ b TECHNICAL AND CONFORMING AMENDMENTS —Section 805 of the Federal Lands Recreation Enhancement Act 16 U S C 6804 is amended— 1 in subsection a 7 in the first sentence by striking ‘‘age and disability’’ and 2 in subsection b — A in paragraph 1 A in the second sentence in the matter preceding clause i by striking ‘‘this subsection’’ and inserting ‘‘this paragraph’’ and B in paragraph 2 in the second sentence by striking ‘‘this subsection’’ and inserting ‘‘this paragraph’’ H R 6395—291 SEC 626 RECALCULATION OF FINANCIAL ASSISTANCE FOR PROVIDERS OF CHILD CARE SERVICES AND YOUTH PROGRAM SERVICES FOR DEPENDENTS a IN GENERAL —Not later than July 1 2021 the Secretary of Defense shall develop a method by which to determine and implement appropriate amounts of financial assistance under section 1798 of title 10 United States Code In such development the Secretary shall take into consideration the following 1 Grades of members of the Armed Forces 2 The cost of living in an applicable locale 3 Whether a military installation has a military child development center including any wait list length 4 Whether a military child development center has vacant child care employee positions 5 The capacity of licensed civilian child care providers in an applicable locale 6 The average cost of licensed civilian child care services available in an applicable locale 7 The sufficiency of the stipend furnished by the Secretary to members of the Armed Forces for civilian child care b REPORT —Not later than August 1 2021 the Secretary shall submit a report the Committees on Armed Services of the Senate and the House of Representatives on the method developed under this section c DEFINITIONS —In this section the terms ‘‘child care employee’’ and ‘‘military child development center’’ have the meanings given those terms in section 1800 of title 10 United States Code 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 a PRIORITY —If the Secretary of a military department determines that not enough child care employees are employed at a military child development center on a military installation under the jurisdiction of that Secretary to adequately care for the children of members of the Armed Forces stationed at that military installation the Secretary to the extent practicable may give priority for covered military family housing to a member whose spouse is an eligible military spouse b NUMBER OF PRIORITY POSITIONS —A Secretary of a military department may grant priority under subsection a only to the minimum number of eligible military spouses that the Secretary determines necessary to provide adequate child care to the children of members stationed at a military installation described in subsection a c LIMITATION —Nothing in this section may be construed to require the Secretary of a military department to provide covered military family housing that has been adapted for disabled individuals to a member under this section instead of to a member with one more dependents enrolled in the Exceptional Family Member Program d RESULT OF FAILURE TO PROVIDE FAMILY HOME DAY CARE SERVICES OR LOSS OF ELIGIBILITY —The Secretary of the military department concerned may remove a household provided covered military family housing under this section therefrom if the Secretary determines the spouse of that member has failed to abide by an H R 6395—292 agreement described in subsection e 3 or has ceased to be an eligible military spouse Such removal may not occur sooner than 60 days after the date of such determination e DEFINITIONS —In this section 1 The terms ‘‘child care employee’’ ‘‘family home day care’’ and ‘‘military child development center’’ have the meanings given those terms in section 1800 of title 10 United States Code 2 The term ‘‘covered military family housing’’ means military family housing— A located on a military installation described in subsection a and B that the Secretary of the military department concerned determines is large enough to provide family home day care services to no fewer than six children not including children in the household of the eligible military spouse 3 The term ‘‘eligible military spouse’’ means a military spouse who— A is eligible for military family housing B is eligible to provide family home day care services C has provided family home day care services for at least one year and D agrees in writing to provide family home day care services in covered military family housing for a period not shorter than one year SEC 628 STUDY ON FEASIBILITY AND ADVISABILITY OF TSP CONTRIBUTIONS BY MILITARY SPOUSES a STUDY REQUIRED —The Secretary of Defense shall conduct a study on the feasibility and advisability of potential enhancements to the military Thrift Savings Plan administered by the Federal Retirement Thrift Investment Board b ELEMENTS —The study under subsection a shall include the following 1 An evaluation of the effect of allowing military spouses to contribute or make eligible retirement account transfers to the military Thrift Savings Plan account of the member of the Armed Forces to whom that military spouse in married 2 Legislation the Secretary determines necessary to permit contributions and transfers described in paragraph 1 c REPORTING — 1 INITIAL REPORT —Not later than February 1 2021 the Secretary of Defense shall submit to the Committee on Homeland Security Governmental Affairs of the Senate the Committee on Oversight and Reform of the House of Representatives and the Federal Retirement Thrift Investment Board a report on the results of the study under subsection a 2 ANALYSIS —Not later than 60 days after receiving the report under paragraph 1 the Federal Thrift Savings Retirement Board shall analyze the report under paragraph 1 generate recommendations and comments it determines appropriate and submit such analysis recommendations and comments to the Secretary 3 FINAL REPORT —Not later than April 1 2021 the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives— H R 6395—293 A the report under paragraph 1 B the analysis recommendations and comments under paragraph 2 and C the recommendations of the Secretary regarding elements described in subsection b 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 a REPORT REQUIRED —Not later than one year after the date of the enactment of this Act the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implications of expansion of the authority under section 1798 of title 10 United States Code 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 without regard to whether such deaths occurred in combat-related incidents b ELEMENTS —The report under subsection a shall include the following 1 An analysis of data during the five years preceding the date of the report that regarding the number of— A members of the Armed Forces who died in the line of duty and B dependents of such members who would be eligible for services described in subsection a 2 The estimated cost of the expansion described in subsection a 3 An assessment of how such expansion would affect the availability of such services for children of members of the Armed Forces on active duty particularly in areas where demand for such services by such members is greatest 4 An assessment of existing programs of the Department of Defense that provide financial assistance described in subsection a 5 Recommendations for legislative or administrative action to expand the provision of services described in subsection a 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 a REPORT REQUIRED —The Secretary of Defense in consultation with the Secretary of Homeland Security shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on procedures of the Department of Defense by which an eligible remarried spouse may obtain access as appropriate to a military installation in order to use a commissary store or MWR retail facility b ELEMENTS — The report under this section shall include the following 1 Procedures by which an eligible remarried spouse may obtain a personal agent designation H R 6395—294 2 Administrative requirements for an eligible remarried spouse to obtain access described in subsection a 3 An assessment of the consistency of procedures described in subsection a across— A the Armed Forces and B installations of the Department of Defense 4 Security considerations arising from granting access described in subsection a 5 Other matters the Secretary of Defense determines appropriate c DEADLINE —The Secretary shall submit the report under this section not later than March 1 2021 d DEFINITIONS —In this section 1 The term ‘‘eligible remarried spouse’’ means an individual who is a surviving former spouse of a covered member of the Armed Forces who has remarried after the death of the covered member of the Armed Forces and has guardianship of dependent children of the deceased member 2 The term ‘‘covered member of the Armed Forces’’ means a member of the Armed Forces who dies while serving— A on active duty or B on such reserve duty as the Secretary of Defense and the Secretary of Homeland Security may jointly specify for purposes of this section 3 The term ‘‘MWR retail facility’’ has the meaning given that term in section 1063 of title 10 United States Code Subtitle D—Defense Resale Matters SEC 631 BASE RESPONDERS ESSENTIAL NEEDS AND DINING ACCESS a IN GENERAL —Chapter 54 of title 10 United States Code is amended by adding at the end the following new section ‘‘§ 1066 Use of commissary stores and MWR facilities protective services civilian employees ‘‘ a ELIGIBILITY OF PROTECTIVE SERVICES CIVILIAN EMPLOYEES —An individual employed as a protective services civilian employee at a military installation may be permitted to purchase food and hygiene items at a commissary store or MWR retail facility located on that military installation ‘‘ b USER FEE AUTHORITY — 1 The Secretary of Defense shall prescribe regulations that impose a user fee on individuals who are eligible solely under this section to purchase merchandise at a commissary store or MWR retail facility ‘‘ 2 The Secretary shall set the user fee under this subsection at a rate that the Secretary determines will offset any increase in expenses arising from this section borne by the Department of the Treasury on behalf of commissary stores associated with the use of credit or debit cards for customer purchases including expenses related to card network use and related transaction processing fees ‘‘ 3 The Secretary shall deposit funds collected pursuant to a user fee under this subsection in the General Fund of the Treasury ‘‘ 4 Any fee under this subsection is in addition to the uniform surcharge under section 2484 d of this title H R 6395—295 ‘‘ c DEFINITIONS —In this section ‘‘ 1 The term ‘MWR retail facility’ has the meaning given that term in section 1063 of this title ‘‘ 2 The term ‘protective services civilian employee’ means a position in any of the following series or successor classifications of the General Schedule ‘‘ A Security Administration GS–0080 ‘‘ B Fire Protection and Prevention GS–0081 ‘‘ C Police GS–0083 ‘‘ D Security Guard GS–0085 ‘‘ E Emergency Management GS–0089 ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of chapter 54 of title 10 United States Code is amended by adding at the end the following new item ‘‘1066 Use of commissary stores and MWR facilities protective services civilian employees ’’ SEC 632 FIRST RESPONDER ACCESS TO MOBILE EXCHANGES Section 1146 of title 10 United States Code is amended by adding at the end the following new subsection ‘‘ d EMERGENCY RESPONSE PROVIDERS DURING A DECLARED MAJOR DISASTER OR EMERGENCY —The Secretary of Defense may prescribe regulations to allow an emergency response provider as that term is defined in section 2 of the Homeland Security Act of 2002 Public Law 107–296 6 U S C 101 to use a mobile commissary or exchange store deployed to an area covered by a declaration of a major disaster or emergency under section 401 of the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 U S C 5170 ’’ SEC 633 UPDATED BUSINESS CASE ANALYSIS FOR CONSOLIDATION OF THE DEFENSE RESALE SYSTEM a IN GENERAL —Not later than March 1 2021 the Chief Management Officer of the Department of Defense in coordination with the Undersecretary of Defense for Personnel and Readiness shall update the study titled ‘‘Study to Determine the Feasibility of Consolidation of the Defense Resale Entities’’ and dated December 4 2018 to include a new business case analysis that— 1 establishes new baselines for— A savings from the costs of goods sold B costs of new information technology required for such consolidation and C costs of headquarters relocation arising from such consolidation and 2 addresses each recommendation for executive action in the Government Accountability Office report GAO–20– 418SU b REVIEW AND COMMENT —Not later than April 1 2021 the Secretary of Defense shall make the updated business case analysis in this section referred to as the ‘‘updated BCA’’ available to the Secretaries of the military departments for comment c SUBMITTAL TO CONGRESSIONAL COMMITTEES —Not later than June 1 2021 the Secretary of Defense shall make any comments made under subsection b and the updated BCA available to the Committees on Armed Services of the Senate and the House of Representatives H R 6395—296 d DELAY OF CONSOLIDATION —The Secretary of Defense may not take any action to consolidate military exchanges and commissaries until the Committees on Armed Services of the Senate and the House of Representatives notify the Secretary in writing of receipt and acceptance of the updated BCA Subtitle E—Other Personnel Rights and Benefits SEC 641 APPROVAL OF CERTAIN ACTIVITIES BY RETIRED AND RESERVE MEMBERS OF THE UNIFORMED SERVICES a CLARIFICATION OF ACTIVITIES FOR WHICH APPROVAL REQUIRED —Section 908 of title 37 United States Code is amended— 1 in subsection a — A in the matter preceding paragraph 1 — i by striking ‘‘subsection b ’’ and inserting ‘‘subsections b and c ’’ and ii by inserting ‘‘ accepting payment for speeches travel meals lodging or registration fees or accepting a non-cash award ’’ after ‘‘that employment ’’ and B in paragraph 2 by striking ‘‘armed forces’’ and inserting ‘‘armed forces except members serving on active duty under a call or order to active duty for a period in excess of 30 days’’ 2 in the heading of subsection b by inserting ‘‘FOR EMPLOYMENT AND COMPENSATION’’ after ‘‘APPROVAL REQUIRED’’ 3 by redesignating subsections c and d as subsections d and e respectively and 4 by inserting after subsection b the following new subsection c ‘‘ c APPROVAL REQUIRED FOR CERTAIN PAYMENTS AND AWARDS —A person described in subsection a may accept payment for speeches travel meals lodging or registration fees described in that subsection or accept a non-cash award described in that subsection only if the Secretary concerned approves the payment or award ’’ b ANNUAL REPORTS ON APPROVALS —Subsection d of such section as redesignated by subsection a 3 of this section is amended— 1 by inserting ‘‘ 1 ’’ before ‘‘Not later than’’ 2 in paragraph 1 as designated by paragraph 1 of this subsection by inserting ‘‘ and each approval under subsection c for a payment or award described in subsection a ’’ after ‘‘in subsection a ’’ and 3 by adding at the end the following new paragraph ‘‘ 2 The report under paragraph 1 on an approval described in that paragraph with respect to an officer shall set forth the following ‘‘ A The foreign government providing the employment or compensation or payment or award ‘‘ B The duties if any to be performed in connection with the employment or compensation or payment or award ‘‘ C The total amount of compensation if any or payment to be provided ’’ c CONFORMING AMENDMENTS — H R 6395—297 1 SECTION HEADING —The heading of such section is amended to read as follows ‘‘§ 908 Reserves and retired members acceptance of employment payments and awards from foreign governments’’ 2 TABLE OF SECTIONS —The table of sections at the beginning of chapter 17 of such title is amended by striking the item relating to section 908 and inserting the following new item ‘‘908 Reserves and retired members acceptance of employment payments and awards from foreign governments ’’ SEC 642 PERMANENT AUTHORITY FOR AND ENHANCEMENT OF THE GOVERNMENT LODGING PROGRAM a PERMANENT AUTHORITY —Section 914 of the Carl Levin and Howard P ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 5 U S C 5911 note is amended— 1 in subsection a by striking ‘‘ for the period of time described in subsection b ’’ and 2 by striking subsection b b TEMPORARY EXCLUSION OF CERTAIN SHIPYARD EMPLOYEES — Such section is further amended by inserting after subsection a the following new subsection b ‘‘ b TEMPORARY EXCLUSION OF CERTAIN SHIPYARD EMPLOYEES — ‘‘ 1 IN GENERAL —In carrying out a Government lodging program under subsection a the Secretary shall exclude from the requirements of the program employees who are traveling for the performance of mission functions of a public shipyard of the Department if the Secretary determines such requirements would adversely affect the purpose or mission of such travel ‘‘ 2 TERMINATION —This subsection shall terminate on September 30 2023 ’’ c CONFORMING AMENDMENT —The heading of such section is amended to read as follows ‘‘SEC 914 GOVERNMENT LODGING PROGRAM ’’ SEC 643 OPERATION OF STARS AND STRIPES a OPERATION —Subject to appropriations the Secretary of Defense may not cease operation and maintenance of Stars and Stripes until 180 days after the date on which the Secretary submits to the Committees on Armed Service of the Senate and the House of Representatives notice of the proposed cessation of such operation and maintenance b REPORT ON BUSINESS CASE ANALYSIS —Not later than March 1 2021 the Secretary of Defense in coordination with the editor of Stars and Stripes shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives detailing the business case analysis for various options for Stars and Stripes The report shall contain the following elements 1 An analysis of the pros and cons of and business case for continuing the operation and publication of Stars and Stripes at its current levels including other options for the independent reporting currently provided especially in a deployed environment H R 6395—298 2 An analysis of the modes of communication used by Stars and Stripes 3 An analysis of potential reduced operations of Stars and Stripes 4 An analysis of the operation of Stars and Stripes solely as a non-appropriated fund entity 5 An analysis of operating Stars and Stripes as a category B morale welfare and recreation entity 6 An assessment of the value of the availability of Stars and Stripes in print or an electronic version to deployed or overseas members of the Armed Forces 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 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 H R 6395—299 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 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 Subtitle A—TRICARE and Other Health Care Benefits SEC 701 IMPROVEMENT TO BREAST CANCER SCREENING Section 1074d b 2 of title 10 United States Code is amended by inserting before the period at the end the following ‘‘ including through the use of digital breast tomosynthesis’’ SEC 702 WAIVER OF FEES CHARGED TO CERTAIN CIVILIANS FOR EMERGENCY MEDICAL TREATMENT PROVIDED AT MILITARY MEDICAL TREATMENT FACILITIES Section 1079b of title 10 United States Code is amended— 1 by redesignating subsection b as subsection c and 2 by inserting after subsection a the following new subsection b ‘‘ b WAIVER OF FEES —The Secretary may waive a fee that would otherwise be charged under the procedures implemented under subsection a to a civilian who is not a covered beneficiary if— ‘‘ 1 the civilian is unable to pay for the costs of the trauma or other medical care provided to the civilian including any such costs remaining after the Secretary receives payment from an insurer for such care as applicable and H R 6395—300 ‘‘ 2 the provision of such care enhances the knowledge skills and abilities of health care providers as determined by the Secretary ’’ SEC 703 AUTHORITY FOR SECRETARY OF DEFENSE TO MANAGE PROVIDER TYPE REFERRAL AND SUPERVISION REQUIREMENTS UNDER TRICARE PROGRAM Section 1079 a 12 of title 10 United States Code is amended in the first sentence by striking ‘‘or certified clinical social worker ’’ and inserting ‘‘certified clinical social worker or other class of provider as designated by the Secretary of Defense ’’ SEC 704 EXPANSION OF BENEFITS AVAILABLE UNDER TRICARE EXTENDED CARE HEALTH OPTION PROGRAM a EXTENDED BENEFITS FOR ELIGIBLE DEPENDENTS —Subsection e of section 1079 of title 10 United States Code is amended to read as follows ‘‘ e 1 Extended benefits for eligible dependents under subsection d may include comprehensive health care services including services necessary to maintain or minimize or prevent deterioration of function of the patient and case management services with respect to the qualifying condition of such a dependent and include to the extent such benefits are not provided under provisions of this chapter other than under this section the following ‘‘ A Diagnosis and screening ‘‘ B Inpatient outpatient and comprehensive home health care supplies and services which may include cost-effective and medically appropriate services other than part-time or intermittent services within the meaning of such terms as used in the second sentence of section 1861 m of the Social Security Act 42 U S C 1395x ‘‘ C Rehabilitation services and devices ‘‘ D In accordance with paragraph 2 respite care for the primary caregiver of the eligible dependent ‘‘ E In accordance with paragraph 3 service and modification of durable equipment and assistive technology devices ‘‘ F Special education ‘‘ G Vocational training which may be furnished to an eligible dependent in the residence of the eligible dependent or at a facility in which such training is provided ‘‘ H Such other services and supplies as determined appropriate by the Secretary notwithstanding the limitations in subsection a 12 ‘‘ 2 Respite care under paragraph 1 D shall be provided subject to the following conditions ‘‘ A Pursuant to regulations prescribed by the Secretary for purposes of this paragraph such respite care shall be limited to 32 hours per month for a primary caregiver ‘‘ B Unused hours of such respite care may not be carried over to another month ‘‘ C Such respite care may be provided to an eligible beneficiary regardless of whether the eligible beneficiary is receiving another benefit under this subsection ‘‘ 3 A Service and modification of durable equipment and assistive technology devices under paragraph 1 E may be provided H R 6395—301 only upon determination by the Secretary that the service or modification is necessary for the use of such equipment or device by the eligible dependent ‘‘ B Service and modification of durable equipment and assistive technology devices under such paragraph may not be provided— ‘‘ i in the case of misuse loss or theft of the equipment or device or ‘‘ ii for a deluxe luxury or immaterial feature of the equipment or device as determined by the Secretary ‘‘ C Service and modification of durable equipment and assistive technology devices under such paragraph may include training of the eligible dependent and immediate family members of the eligible dependent on the use of the equipment or device ’’ b CONFORMING AMENDMENT —Subsection f of section 1079 of title 10 United States Code is amended by striking ‘‘paragraph 3 or 4 of subsection e ’’ each place it appears and inserting ‘‘subparagraph C E F or G of subsection e 1 ’’ c ADDITIONAL REQUIREMENTS IN OFFICE OF SPECIAL NEEDS ANNUAL REPORT —Section 1781c g 2 of title 10 United States Code is amended— 1 by redesignating subparagraph C as subparagraph D and 2 by inserting after subparagraph B the following new subparagraph C ‘‘ C With respect to the Extended Care Health Option program under section 1079 d of this title— ‘‘ i the utilization rates of services under such program by eligible dependents as such term is defined in such section during the prior year ‘‘ ii a description of gaps in such services as ascertained by the Secretary from information provided by families of eligible dependents ‘‘ iii an assessment of factors that prevent knowledge of and access to such program including a discussion of actions the Secretary may take to address these factors and ‘‘ iv an assessment of the average wait time for an eligible dependent enrolled in the program to access alternative health coverage for a qualifying condition as such term is defined in such section including a discussion of any adverse health outcomes associated with such wait ’’ d COMPTROLLER GENERAL REPORT — 1 SUBMISSION —Not later than April 1 2022 the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on caregiving available to eligible dependents under programs such as home- and community-based services provided under State Medicaid plans pursuant to waivers under section 1915 of the Social Security Act 42 U S C 1396n or the Program of Comprehensive Assistance for Family Caregivers of the Department of Veterans Affairs established under section 1720G of title 38 United States Code 2 MATTERS —The report under paragraph 1 shall include— A an analysis of best practices for the administration of programs to support caregivers of individuals with H R 6395—302 intellectual or physical disabilities based on input from payers administrators individuals receiving care from such caregivers and advocates B a comparison of the provision of respite and related care under the Extended Care Health Option program under section 1079 d of title 10 United States Code and similar care provided under programs specified in paragraph 1 to identify best practices from such program and if necessary make recommendations for improvement and C an analysis of the reasons eligible dependents do not qualify for State programs under which caregiving is available such as home- and community-based services provided under State Medicaid plans as specified in paragraph 1 with respect to the State in which the eligible dependent is located 3 ELIGIBLE DEPENDENT DEFINED —In this subsection ‘‘eligible dependent’’ has the meaning given such term in section 1079 d of title 10 United States Code SEC 705 SALE OF HEARING AIDS FOR DEPENDENTS OF CERTAIN MEMBERS OF THE RESERVE COMPONENTS Section 1077 g of title 10 United States Code is amended— 1 by striking ‘‘In addition’’ and inserting ‘‘ 1 In addition’’ and 2 by adding at the end the following new paragraph ‘‘ 2 For purposes of selling hearing aids at cost to the United States under paragraph 1 a dependent of a member of the reserve components who is enrolled in the TRICARE program under section 1076d of this title shall be deemed to be a dependent eligible for care under this section ’’ SEC 706 PILOT PROGRAM ON RECEIPT OF NON-GENERIC PRESCRIPTION MAINTENANCE MEDICATIONS UNDER TRICARE PHARMACY BENEFITS PROGRAM a PILOT PROGRAM — 1 AUTHORITY —Subject to paragraph 2 the Secretary of Defense may carry out a pilot program under which eligible covered beneficiaries may elect to receive non-generic prescription maintenance medications selected by the Secretary under subsection c through military medical treatment facility pharmacies retail pharmacies or the national mail-order pharmacy program notwithstanding section 1074g a 9 of title 10 United States Code 2 REQUIREMENT —The Secretary may carry out the pilot program under paragraph 1 only if the Secretary determines that the total costs to the Department of Defense for eligible covered beneficiaries to receive non-generic prescription maintenance medications under the pilot program will not exceed the total costs to the Department for such beneficiaries to receive such medications under the national mail-order pharmacy program pursuant to section 1074g a 9 of title 10 United States Code In making such determination the Secretary shall consider all manufacturer discounts refunds and rebates pharmacy transaction fees and all other costs b DURATION —If the Secretary carries out the pilot program under subsection a 1 the Secretary shall carry out the pilot H R 6395—303 program for a three-year period beginning not later than March 1 2021 c SELECTION OF MEDICATION —If the Secretary carries out the pilot program under subsection a 1 the Secretary shall select non-generic prescription maintenance medications described in section 1074g a 9 C ii of title 10 United States Code to be covered by the pilot program d NOTIFICATION —If the Secretary carries out the pilot program under subsection a 1 in providing each eligible covered beneficiary with an explanation of benefits the Secretary shall notify the beneficiary of whether the medication that the beneficiary is prescribed is covered by the pilot program e BRIEFING AND REPORTS — 1 BRIEFING —If the Secretary determines to carry out the pilot program under subsection a 1 not later than 90 days after the date of the enactment of this Act the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the pilot program 2 INTERIM REPORT —If the Secretary carries out the pilot program under subsection a 1 not later than 18 months after the commencement of the pilot program the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program 3 COMPTROLLER GENERAL REPORT — A IN GENERAL —If the Secretary carries out the pilot program under subsection a 1 not later than March 1 2024 the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program B ELEMENTS —The report under subparagraph A shall include the following i The number of eligible covered beneficiaries who participated in the pilot program and an assessment of the satisfaction of such beneficiaries with the pilot program ii The rate by which eligible covered beneficiaries elected to receive non-generic prescription maintenance medications at a retail pharmacy pursuant to the pilot program and how such rate affected military medical treatment facility pharmacies and the national mailorder pharmacy program iii The amount of cost savings realized by the pilot program including with respect to— I dispensing fees incurred at retail pharmacies compared to the national mail-order pharmacy program for brand name prescription drugs II administrative fees III any costs paid by the United States for the drugs in addition to the procurement costs IV the use of military medical treatment facilities and V copayments paid by eligible covered beneficiaries iv A comparison of supplemental rebates between retail pharmacies and other points of sale H R 6395—304 f RULE OF CONSTRUCTION —Nothing in this section may be construed to affect— 1 the ability of the Secretary to carry out section 1074g a 9 C of title 10 United States Code after the date on which the pilot program is completed or 2 the prices established for medications under section 8126 of title 38 United States Code g DEFINITIONS —In this section 1 The term ‘‘eligible covered beneficiary’’ has the meaning given that term in section 1074g i of title 10 United States Code 2 The terms ‘‘military medical treatment facility pharmacies’’ ‘‘retail pharmacies’’ and ‘‘the national mail-order pharmacy program’’ mean the methods for receiving prescription drugs as described in clauses i ii and iii respectively of section 1074g a 2 E of title 10 United States Code Subtitle B—Health Care Administration SEC 711 REPEAL OF ADMINISTRATION OF TRICARE DENTAL PLANS THROUGH FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM a TITLE 5 —Section 8951 8 of title 5 United States Code is amended by striking ‘‘1076a or’’ b TITLE 10 —Section 1076a b of title 10 United States Code is amended to read as follow ‘‘ b ADMINISTRATION OF PLANS —The plans established under this section shall be administered under regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries ’’ c CONFORMING REPEAL —Section 713 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 1811 is repealed d TECHNICAL AMENDMENT —Section 1076a a 1 of title 10 United States Code is amended by striking the second sentence SEC 712 PROTECTION OF THE ARMED FORCES FROM INFECTIOUS DISEASES a IN GENERAL —Chapter 55 of title 10 United States Code is amended by inserting after section 1073d the following new section ‘‘§ 1073e Protection of armed forces from infectious diseases ‘‘ a PROTECTION —The Secretary of Defense shall develop and implement a plan to ensure that the armed forces have the diagnostic equipment testing capabilities and personal protective equipment necessary to protect members of the armed forces from the threat of infectious diseases and to treat members who contract infectious diseases ‘‘ b REQUIREMENTS —In carrying out subsection a the Secretary shall ensure the following ‘‘ 1 Each military medical treatment facility has the testing capabilities described in such subsection as appropriate for the mission of the facility ‘‘ 2 Each deployed naval vessel has access to the testing capabilities described in such subsection H R 6395—305 ‘‘ 3 Members of the armed forces deployed in support of a contingency operation outside of the United States have access to the testing capabilities described in such subsection including at field hospitals combat support hospitals field medical stations and expeditionary medical facilities ‘‘ 4 The Department of Defense maintains— ‘‘ A a 30-day supply of personal protective equipment in a quantity sufficient for each member of the armed forces including the reserve components thereof and ‘‘ B the capability to rapidly resupply such equipment ‘‘ c RESEARCH AND DEVELOPMENT — 1 The Secretary shall include with the defense budget materials as defined by section 231 f of this title for a fiscal year a plan to research and develop vaccines diagnostics and therapeutics for infectious diseases ‘‘ 2 The Secretary shall ensure that the medical laboratories of the Department of Defense are equipped with the technology needed to facilitate rapid research and development of vaccines diagnostics and therapeutics in the case of a pandemic ’’ b CLERICAL AMENDMENT —The table of contents at the beginning of such chapter is amended by inserting after the item relating to section 1073d the following new item ‘‘1073e Protection of 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 a NATIONAL SECURITY STRATEGY FOR NATIONAL TECHNOLOGY INDUSTRIAL BASE —Section 2501 a of title 10 United States Code is amended by adding at the end the following new paragraph ‘‘ 11 Providing for the provision of drugs biological products vaccines and critical medical supplies required to enable combat readiness and protect the health of the armed forces ’’ b ASSESSMENT — 1 IN GENERAL —The Secretary of Defense shall include with the report required to be submitted in 2022 under section 2504 of title 10 United States Code an appendix containing an assessment of gaps or vulnerabilities in the national technology and industrial base as defined by section 2500 1 of such title with respect to drugs biological products vaccines and critical medical supplies described in section 2501 a 11 of such title as amended by subsection a of this section In carrying out such assessment the Secretary shall consult with the Secretary of Health and Human Services the Commissioner of Food and Drugs and the heads of other departments and agencies of the Federal Government that the Secretary of Defense determines appropriate 2 MATTERS INCLUDED —The assessment under paragraph 1 shall include— A an identification and origin of any finished drugs as identified by the Secretary of Defense and the essential components of such drugs including raw materials chemical components and active pharmaceutical ingredients that are necessary for the manufacture of such drugs whose supply is at risk of disruption during a time of war or national emergency AND H R 6395—306 B an identification of shortages of finished drugs biological products vaccines and critical medical supplies essential for combat readiness and the protection of the health of the Armed Forces including with respect to any challenges or issues with the joint deployment formulary as identified by the Secretary of Defense C an identification of the defense and geopolitical contingencies that are sufficiently likely to arise that may lead to the discontinuance interruption or meaningful disruption in the supply of a drug biological product vaccine or critical medical supply and recommendations regarding actions the Secretary of Defense should take to reasonably prepare for the occurrence of such contingencies D an identification of any barriers that exist to manufacture finished drugs biological products vaccines and critical medical supplies in the United States including with respect to regulatory barriers by the Federal Government and whether the raw materials may be found in the United States E an identification of potential partners of the United States with whom the United States can work with to realign the manufacturing capabilities of the United States for such finished drugs biological products vaccines and critical medical supplies F an assessment conducted by the Secretary of Defense of the resilience and capacity of the current supply chain and industrial base to support national defense upon the occurrence of the contingencies identified in subparagraph C including with respect to— i the manufacturing capacity of the United States ii gaps in domestic manufacturing capabilities including nonexistent extinct threatened and singlepoint-of-failure capabilities iii supply chains with single points of failure and limited resiliency and iv economic factors including global competition that threaten the viability of domestic manufacturers and G recommendations to enhance and strengthen the surge requirements and readiness contracts of the Department of Defense to ensure the sufficiency of the stockpile of the Department of and the ready access by the Department to critical medical supplies pharmaceuticals vaccines countermeasure prophylaxis and personal protective equipment including with respect to the effectiveness of the theater lead agent for medical materiel program in support of the combatant commands 3 SUBMISSION —In addition to including the assessment under paragraph 1 as an appendix to the report required to be submitted in 2022 under section 2504 of title 10 United States Code the Secretary of Defense shall submit such appendix separately to the appropriate congressional committees 4 FORM —The assessment under paragraph 1 shall be submitted in classified form H R 6395—307 5 DEFINITIONS —In this subsection A The term ‘‘appropriate congressional committees’’ means the following i The Committee on Appropriations the Committee on Energy and Commerce and the Committee on Homeland Security of the House of Representatives ii The Committee on Appropriations the Committee on Health Education Labor and Pensions and the Committee on Homeland Security and Governmental Affairs of the Senate B The term ‘‘critical medical supplies’’ includes personal protective equipment diagnostic tests testing supplies and lifesaving breathing apparatuses required to treat severe respiratory illnesses and distress SEC 714 CONTRACT AUTHORITY OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES a CONTRACT AUTHORITY —Section 2113 g 1 of title 10 United States Code is amended— 1 in subparagraph E by striking ‘‘and’’ at the end 2 in subparagraph F by striking the period at the end and inserting ‘‘ and’’ and 3 by adding at the end the following new subparagraph ‘‘ G notwithstanding sections 2304 2361 and 2374 of this title to enter into contracts and cooperative agreements with accept grants from and make grants to nonprofit entities on a sole-source basis for the purpose specified in subparagraph A or for any other purpose the Secretary determines to be consistent with the mission of the University ’’ b RULE OF CONSTRUCTION —Nothing in section 2113 g of title 10 United States Code as amended by subsection a shall be construed to limit the ability of the Secretary of Defense in carrying out such section to use competitive procedures to award contracts cooperative agreements or grants SEC 715 MEMBERSHIP OF BOARD OF REGENTS OF UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES a IN GENERAL —Section 2113a b of title 10 United States Code is amended— 1 by redesignating paragraphs 3 and 4 as paragraphs 4 and 5 respectively and 2 by inserting after paragraph 2 the following new paragraph ‘‘ 3 the Director of the Defense Health Agency who shall be an ex officio member ’’ b RULE OF CONSTRUCTION —The amendments made by this section may not be construed to invalidate any action taken by the Uniformed Services University of the Health Sciences or its Board of Regents prior to the effective date of this section c EFFECTIVE DATE —The amendments made by this section shall take effect on January 1 2021 SEC 716 TEMPORARY EXEMPTION FOR UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES FROM CERTAIN PAPERWORK REDUCTION ACT REQUIREMENTS a TEMPORARY EXEMPTION FROM CERTAIN PAPERWORK REDUCACT REQUIREMENTS — TION H R 6395—308 1 IN GENERAL —During the two-year period beginning on the date that is 30 days after the date of the enactment of this Act the requirements described in paragraph 2 shall not apply with respect to the voluntary collection of information during the conduct of research and program evaluations— A conducted or sponsored by the Uniformed Services University of the Health Sciences and B funded through the Defense Health Program 2 REQUIREMENTS DESCRIBED —The requirements described in this paragraph are the requirements under the following provisions of law A Section 3506 c of title 44 United States Code B Sections 3507 and 3508 of such title b REPORTS — 1 INTERIM REPORT —Not later than one year after the date of the enactment of this Act the Secretary of Defense shall submit to the appropriate congressional committees a report on the preliminary findings with respect to— A the estimated time saved by the Uniformed Services University of the Health Sciences if applicable by reason of the exemption under paragraph 1 of subsection a to requirements described in paragraph 2 of such subsection B the research within the scope of such exemption that has been initiated is ongoing or has been completed during the period in which the exemption is in effect C the estimated cost savings by the University that can be attributed to such exemption and D the additional burdens upon the research subjects of the University that are attributable to such exemption 2 UPDATED REPORT —Not later than two years after the date of the enactment of this Act the Secretary shall submit to the appropriate congressional committees a report containing— A updated information with respect to the matters under paragraph 1 and B any recommendations with respect to policy or legislative actions regarding the exemption under paragraph 1 of subsection a to requirements described in paragraph 2 of such subsection c APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committees’’ means— 1 the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives and 2 the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate SEC 717 MODIFICATION TO LIMITATION ON THE REALIGNMENT OR REDUCTION OF MILITARY MEDICAL MANNING END STRENGTH Section 719 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1454 is amended— 1 in subsection a in the matter preceding paragraph 1 by striking ‘‘may not realign or reduce military medical end strength authorizations until’’ and inserting the following H R 6395—309 ‘‘may not realign or reduce military medical end strength authorizations during the 180 days following the date of the enactment of the William M Mac Thornberry National Defense Authorization Act for Fiscal Year 2021 and after such period may not realign or reduce such authorizations unless’’ and 2 in subsection b 1 by inserting before the period at the end the following ‘‘ including with respect to both the homeland defense mission and pandemic influenza’’ SEC 718 MODIFICATIONS TO IMPLEMENTATION PLAN FOR RESTRUCTURE OR REALIGNMENT OF MILITARY MEDICAL TREATMENT FACILITIES Section 703 d of the National Defense Authorization Act for Fiscal Year 2017 Public Law 114–328 130 Stat 2199 is amended— 1 in paragraph 2 by striking subparagraph D and inserting the following new subparagraph ‘‘ D A description of how the Secretary will carry out subsection b including with respect to each affected military medical treatment facility a description of— ‘‘ i the elements required for health care providers to accept and transition covered beneficiaries to the purchased care component of the TRICARE program ‘‘ ii a method to monitor and report on quality benchmarks for the beneficiary population that will be required to transition to such component of the TRICARE program and ‘‘ iii a process by which the Director of the Defense Health Agency will ensure that such component of the TRICARE program has the required capacity ’’ and 2 by adding at the end the following new paragraph ‘‘ 4 NOTICE AND WAIT —The Secretary may not implement the plan under paragraph 1 unless— ‘‘ A the Secretary has submitted the plan to the congressional defense committees ‘‘ B the Secretary has certified to the congressional defense committees that pursuant to subsection b if a proposed restructure realignment or modification will eliminate the ability of a covered beneficiary to access health care services at a military medical treatment facility the covered beneficiary will be able to access such health care services through the purchased care component of the TRICARE program and ‘‘ C a 180-day period has elapsed following the later of— ‘‘ i the date on which the congressional defense committees have received both the implementation plan under subparagraph A and the notice of certification under subparagraph B or ‘‘ ii the date of the enactment of the William M Mac Thornberry National Defense Authorization Act for Fiscal Year 2021 ’’ SEC 719 POLICY TO ADDRESS PRESCRIPTION OPIOID SAFETY a REQUIREMENT —The Secretary of Defense shall develop a policy and tracking mechanism to monitor and provide oversight H R 6395—310 of opioid prescribing to ensure that the provider practices of medication-prescribing health professionals across the military health system conform with— 1 the clinical practice guidelines of the Department of Defense and the Department of Veterans Affairs and 2 the prescribing guidelines published by the Centers for Disease Control and Prevention and the Food and Drug Administration b ELEMENTS —The requirements under subsection a shall include the following 1 Providing oversight and accountability of opioid prescribing practices that are outside of the recommended parameters for dosage supply and duration as identified in the guideline published by the Centers for Disease Control and Prevention titled ‘‘CDC Guideline for Prescribing Opioids for Chronic Pain—United States 2016’’ or such successor guideline and the guideline published by the Department of Defense and Department of Veterans Affairs titled ‘‘DoD VA Management of Opioid Therapy OT for Chronic Pain Clinical Practice Guideline 2017’’ or such successor guideline 2 Implementing oversight and accountability responsibilities for opioid prescribing safety as specified in paragraph 1 3 Implementing systems to ensure that the prescriptions in the military health system data repository are appropriately documented and that the processing date and the metric quantity field for opioid prescriptions in liquid form are consistent within the electronic health record system known as ‘‘MHS GENESIS’’ 4 Implementing opioid prescribing controls within the electronic health record system known as ‘‘MHS GENESIS’’ and document if an overdose reversal drug was co-prescribed 5 Developing metrics that can be used by the Defense Health Agency and each military medical treatment facility to actively monitor and limit the overprescribing of opioids and to monitor the co-prescribing of overdose reversal drugs as accessible interventions 6 Developing a report that tracks progression toward reduced levels of opioid use and includes an identification of prevention best practices established by the Department 7 Developing and implementing a plan to improve communication and value-based initiatives between pharmacists and medication-prescribing health professionals across the military health system SEC 720 ADDITION OF BURN PIT REGISTRATION AND OTHER INFORMATION TO ELECTRONIC HEALTH RECORDS OF MEMBERS OF THE ARMED FORCES a UPDATES TO ELECTRONIC HEALTH RECORDS —Beginning not later than one year after the date of the enactment of this Act the Secretary of Defense shall ensure that— 1 the electronic health record maintained by the Secretary for a member of the Armed Forces registered with the Airborne Hazards and Open Burn Pit Registry is updated with any information contained in such registry with respect to the member and H R 6395—311 2 any occupational or environmental health exposure recorded in the Defense Occupational and Environmental Health Readiness System or any successor system is linked to the electronic health record system of the Department of Defense to notify health professionals treating a member specified in paragraph 1 of any such exposure recorded for the member b AIRBORNE HAZARDS AND OPEN BURN PIT REGISTRY DEFINED —In this section the term ‘‘Airborne Hazards and Open Burn Pit Registry’’ means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 Public Law 112–260 38 U S C 527 note SEC 721 INCLUSION OF INFORMATION ON EXPOSURE TO OPEN BURN PITS IN POSTDEPLOYMENT HEALTH REASSESSMENTS a IN GENERAL —The Secretary of Defense shall include in postdeployment health reassessments conducted under section 1074f of title 10 United States Code pursuant to a Department of Defense Form 2796 or successor form an explicit question regarding exposure of members of the Armed Forces to open burn pits b INCLUSION IN ASSESSMENTS BY MILITARY DEPARTMENTS — The Secretary of Defense shall ensure that the Secretary of each military department includes a question regarding exposure of members of the Armed Forces to open burn pits in any electronic postdeployment health assessment conducted by that military department c OPEN BURN PIT DEFINED —In this section the term ‘‘open burn pit’’ has the meaning given that term in section 201 c of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 Public Law 112–260 38 U S C 527 note Subtitle C—Matters Relating to COVID–19 SEC 731 COVID–19 MILITARY HEALTH SYSTEM REVIEW PANEL a ESTABLISHMENT —The Secretary of Defense shall establish a panel to be known as the ‘‘COVID–19 Military Health System Review Panel’’ in this section referred to as the ‘‘panel’’ b COMPOSITION — 1 MEMBERS —The panel shall be composed of the following members A The President of the Uniformed Services University of the Health Sciences B The Director of the Defense Health Agency C The Surgeon General of the Army D The Surgeon General of the Navy E The Surgeon General of the Air Force F The Joint Staff Surgeon G The Deputy Assistant Secretary of Defense for Health Readiness Policy and Oversight H The Deputy Assistant Secretary of Defense for Health Resources Management and Policy 2 CHAIRPERSON —The chairperson of the panel shall be the President of the Uniformed Services University of the Health Sciences H R 6395—312 3 TERMS —Each member shall be appointed for the life of the panel c DUTIES — 1 IN GENERAL —The panel shall— A review the response of the military health system to the coronavirus disease 2019 COVID–19 and the effects of COVID–19 on such system including by analyzing any strengths or weaknesses of such system identified as a result COVID–19 and B using information from the review make such recommendations as the panel considers appropriate with respect to any policy practice organization manning level funding level or legislative authority relating to the military health system 2 ELEMENTS OF REVIEW —In conducting the review under paragraph 1 each member of the panel shall lead a review of at least one of the following elements with respect to the military health system A Policy including any policy relating to force health protection or medical standards for the appointment enlistment or induction of individuals into the Armed Forces B Public health activities including any activity relating to risk communication surveillance or contact tracing C Research diagnostics and therapeutics D Logistics and technology E Force structure and manning F Governance and organization G Operational capabilities and operational support H Education and training I Health benefits under the TRICARE program J Engagement and security activities relating to global health K The financial impact of COVID–19 on the military health system d REPORT —Not later than June 1 2021 the Secretary of Defense shall submit to the congressional defense committees a report that includes the findings of the panel as a result of the review under subsection c 1 A and such recommendations as the panel considers appropriate under subsection c 1 B e TERMINATION —The panel shall terminate on June 1 2021 SEC 732 DEPARTMENT OF DEFENSE PANDEMIC PREPAREDNESS a STRATEGY —The Secretary of Defense shall develop a strategy for pandemic preparedness and response that includes the following 1 Identification of activities necessary to be carried out prior to a pandemic to ensure preparedness and effective communication of roles and responsibilities within the Department of Defense including— A reviewing the frequency of each exercise conducted by the Department a military department or Defense Agency that relates to a pandemic or severe influenza season or related force health protection scenario B ensuring such exercises are appropriately planned resourced and practiced H R 6395—313 C including a consideration of the capabilities and capacities necessary to carry out the strategy under this section and related operations for force health protection and ensuring that these are included in each cost evaluation Defense-wide review or manning assessment of the Department of Defense that affects such capabilities and capacities D reviewing the placement exploring broader utilization of global health engagement liaisons and increasing the scope of global health activities of the Department of Defense E assessing a potential career track relating to health protection research for members of the Armed Forces and civilian employees of the Department of Defense F providing to members of the Armed Forces guidance on force health protection prior to and during a pandemic or severe influenza season including guidance on specific behaviors or actions required such as self-isolating social distancing and additional protective measures to be carried out after contracting a novel virus or influenza G reviewing and updating the inventory of medical supplies and equipment of the Department of Defense that is available for operational support to the combatant commands prior to and during a pandemic such as vaccines biologics drugs preventive medicine antiviral medicine and equipment relating to trauma support including a review of— i the sufficiency of prepositioned stocks and ii the effectiveness of the Warstopper Program of the Defense Logistics Agency or such successor program H reviewing and updating distribution plans of the Department of Defense for critical medical supplies and equipment within the inventory of the Department of Defense including vaccines and antiviral medicines and I reviewing and updating research on infectious diseases and preventive medicine conducted by the military health system including research conducted by the Health Related Communities of Interest of the Department of Defense the Joint Program Committees the overseas medical laboratories of the Department of Defense the Armed Forces Health Surveillance Branch or other elements of the Department of Defense that conduct research in support of members of the Armed Forces or beneficiaries under the TRICARE program 2 Review of Department of Defense systems for health surveillance and detection to ensure continuous situational awareness and early warning with respect to a pandemic including a review of— A the levels of funding and investment and the overall value of the Global Emerging Infections Surveillance and Response System of the Department of Defense including the value demonstrated by the role of such system in— i improving the Department of Defense prevention and surveillance of and the response to infectious H R 6395—314 diseases that may impact members of the Armed Forces ii informing decisions relating to force health protection across the geographic combatant commands iii ensuring laboratory readiness to support pandemic response efforts and to understand infectious disease threats to the Armed Forces and iv coordinating and collaborating with partners such as the geographic combatant commands other Federal agencies and international partners B the levels of funding and investment and the overall value of the overseas medical laboratories of the Department of Defense including the value demonstrated by the role of such laboratories in conducting research and forming partnerships with other elements of the Department of Defense other Federal agencies international partners in the country in which such laboratory is located and as applicable the private sector of the United States and C the levels of funding and investment and the overall value of the Direct HIV AIDS Prevention Program of the Department of Defense including the value demonstrated by the role of such program in developing in coordination with other Federal agencies programs for the prevention care and treatment of the human immunodeficiency virus infection and acquired immune deficiency syndrome 3 Identification of activities to limit the spread of an infectious disease outbreak among members of the Armed Forces and beneficiaries under the TRICARE program including activities to mitigate the health social and economic impacts of a pandemic on such members and beneficiaries including by— A reviewing the role of the Department of Defense in the National Disaster Medical System under section 2812 of the Public Health Service Act 42 U S C 300hh– 11 and implementing plans across the Department that leverage medical facilities personnel and response capabilities of the Federal Government to support requirements under such Act relating to medical surge capacity B determining the range of public health capacity medical surge capacity administrative capacity and veterinary capacity necessary for the Armed Forces to— i support operations during a pandemic and ii develop mechanisms to reshape force structure during such pandemic as necessary contingent upon primary mission requirements and C determining the range of activities for operational medical support and infrastructure sustainment that the Department of Defense and other Federal agencies have the capacity to implement during a pandemic contingent upon primary mission requirements and develop plans for the implementation of such activities b STUDY ON RESPONSE TO COVID–19 —In addition to the review under section 731 the Secretary shall conduct a study on the response of the military health system to the coronavirus disease 2019 COVID–19 H R 6395—315 c REPORT —Not later than June 1 2021 the Secretary shall submit to the congressional defense committees a report containing— 1 the strategy under subsection a and 2 the study under subsection b including any findings or recommendations from the study that relate to an element of the strategy under subsection a such as recommended changes to policy funding practices manning organization or legislative authority SEC 733 TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS OF THE NATIONAL GUARD SERVING UNDER ORDERS IN RESPONSE TO THE CORONAVIRUS COVID–19 a IN GENERAL —The Secretary of Defense shall provide to a member of the National Guard separating from active service after serving on full-time National Guard duty pursuant to section 502 f of title 32 United States Code the health benefits authorized under section 1145 of title 10 United States Code for a member of a reserve component separating from active duty as referred to in subsection a 2 B of such section 1145 if the active service from which the member of the National Guard is separating was in support of the whole of government response to the coronavirus COVID–19 b DEFINITIONS —In this section the terms ‘‘active duty’’ ‘‘active service’’ and ‘‘full-time National Guard duty’’ have the meanings given those terms in section 101 d of title 10 United States Code SEC 734 REGISTRY OF CERTAIN TRICARE BENEFICIARIES DIAGNOSED WITH COVID–19 a ESTABLISHMENT —Not later than June 1 2021 and subject to subsection b the Secretary of Defense shall establish and maintain a registry of covered TRICARE beneficiaries who have been diagnosed with COVID–19 b RIGHT OF BENEFICIARY TO OPT OUT —A covered TRICARE beneficiary may elect to opt out of inclusion in the registry under subsection a c CONTENTS —The registry under subsection a shall include with respect to each covered TRICARE beneficiary included in the registry the following 1 The demographic information of the beneficiary 2 Information on the industrial or occupational history of the beneficiary to the extent such information is available in the records regarding the COVID–19 diagnosis of the beneficiary 3 Administrative information regarding the COVID–19 diagnosis of the beneficiary including the date of the diagnosis and the location and source of the test used to make the diagnosis 4 Any symptoms of COVID–19 manifested in the beneficiary 5 Any treatments for COVID–19 taken by the beneficiary or other medications taken by the beneficiary when the beneficiary was diagnosed with COVID–19 6 Any pathological data characterizing the incidence of COVID–19 and the type of treatment for COVID–19 provided to the beneficiary H R 6395—316 7 Information on any respiratory illness of the beneficiary recorded prior to the COVID–19 diagnosis of the beneficiary 8 Any information regarding the beneficiary contained in the Airborne Hazards and Open Burn Pit Registry established under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 Public Law 112– 260 38 U S C 527 note 9 Any other information determined appropriate by the Secretary d REPORT —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 House of Representatives and the Senate a report on establishing the registry under subsection a including— 1 a plan to implement the registry 2 the cost of implementing the registry 3 the location of the registry and 4 any recommended legislative changes with respect to establishing the registry e COVERED TRICARE BENEFICIARY DEFINED —In this section the term ‘‘covered TRICARE beneficiary’’ means an individual who is enrolled in the direct care system under the TRICARE program and is treated for or diagnosed with COVID–19 at a military medical treatment facility SEC 735 HEALTH ASSESSMENTS OF VETERANS DIAGNOSED WITH PANDEMIC DISEASES TO DETERMINE EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE CHEMICALS a EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE CHEMICALS OR OTHER AIRBORNE CONTAMINANTS AS PART OF HEALTH ASSESSMENTS FOR VETERANS DURING A PANDEMIC AND INCLUSION OF INFORMATION IN REGISTRY — 1 HEALTH ASSESSMENTS AND PHYSICAL EXAMINATIONS — The Secretary of Veterans Affairs shall ensure that the first health assessment or physical examination furnished to a veteran under the laws administered by the Secretary after the veteran tests positive for a pathogen such as a virus with respect to which a public health emergency has been declared under section 319 of the Public Health Service Act 42 U S C 247d includes an evaluation of whether the veteran has been— A based or stationed at a location where an open burn pit was used or B exposed to toxic airborne chemicals or other airborne contaminants relating to service in the Armed Forces including an evaluation of any information recorded as part of the Airborne Hazards and Open Burn Pit Registry 2 INCLUSION OF INDIVIDUALS IN REGISTRY —If an evaluation conducted under paragraph 1 with respect to a veteran establishes that the veteran was based or stationed at a location where an open burn pit was used or that the individual was exposed to toxic airborne chemicals or other airborne contaminants the individual shall be enrolled in the Airborne Hazards and Open Burn Pit Registry unless the veteran elects to not enroll in such registry 3 RULE OF CONSTRUCTION —Nothing in this subsection may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans H R 6395—317 Affairs by reason of the history of exposure of the veteran to an open burn pit not being recorded in an evaluation conducted under paragraph 1 b STUDY ON IMPACT OF VIRAL PANDEMICS ON MEMBERS OF ARMED FORCES AND VETERANS WHO HAVE EXPERIENCED TOXIC EXPOSURE — 1 IN GENERAL —The Secretary of Veterans Affairs shall conduct a study through the Airborne Hazards and Burn Pits Center of Excellence in this subsection referred to as the ‘‘Center’’ on the health impacts of infection with a pathogen such as a virus with respect to which a public health emergency has been declared under section 319 of the Public Health Service Act 42 U S C 247d including a coronavirus to members of the Armed Forces and veterans who have been exposed to open burn pits and other toxic exposures for the purposes of understanding the health impacts of the pathogen and whether individuals infected with the pathogen are at increased risk of severe symptoms due to previous conditions linked to toxic exposure 2 PREPARATION FOR FUTURE PANDEMIC —The Secretary through the Center shall analyze potential lessons learned through the study conducted under paragraph 1 to assist in preparing the Department of Veterans Affairs for potential future pandemics c DEFINITIONS —In this subsection 1 The term ‘‘Airborne Hazards and Open Burn Pit Registry’’ means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 Public Law 112–260 38 U S C 527 note 2 The term ‘‘coronavirus’’ has the meaning given that term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act 2020 Public Law 116–123 3 The term ‘‘open burn pit’’ has the meaning given that term in section 201 c of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 Public Law 112– 260 126 Stat 2422 38 U S C 527 note SEC 736 COMPTROLLER GENERAL STUDY ON DELIVERY OF MENTAL HEALTH SERVICES TO MEMBERS OF THE ARMED FORCES DURING THE COVID–19 PANDEMIC a IN GENERAL —The Comptroller General of the United States shall conduct a study on the delivery of Federal State and private mental health services to members of the Armed Forces during the COVID–19 pandemic b ELEMENTS —The study conducted under subsection a shall— 1 review any strategies used to combat existing stigma surrounding mental health conditions that might deter members of the Armed Forces from seeking care 2 review guidance to commanding officers at all levels on the mental health ramifications of the COVID–19 crisis 3 assess the need for additional training and support for mental health care professionals of the Department of H R 6395—318 Defense with respect to supporting individuals who are concerned for the health of themselves and their family members or grieving the loss of loved ones because of COVID–19 4 assess the strategy of the Department of Defense to leverage telemedicine to ensure safe access to mental health services 5 identify all programs associated with services described in such subsection 6 specify gaps or barriers to mental health care access that could result in delayed or insufficient mental health care support to members of the Armed Forces and 7 evaluate the mental health screening requirements for members of the Armed Forces immediately before during and after— A Federal deployment under title 10 United States Code or B State deployment under title 32 United States Code c REPORT —Not later than one year after the date of the enactment of this Act the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the study conducted under subsection a 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 Section 740 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1465 is amended— 1 in subsection a — A by striking ‘‘The Secretary of Defense may’’ and inserting ‘‘Beginning not later than September 30 2021 the Secretary of Defense shall’’ B by striking ‘‘health care organizations institutions and entities’’ and inserting ‘‘health care organizations health care institutions health care entities academic medical centers of institutions of higher education and hospitals’’ and C by striking ‘‘in the vicinity of major aeromedical and other transport hubs and logistics centers of the Department of Defense’’ 2 in subsection b by striking ‘‘may’’ and inserting ‘‘shall’’ 3 by redesignating subsections d through f as subsections e through g respectively 4 by striking subsection c and inserting the following new subsections ‘‘ c LEAD OFFICIAL FOR DESIGN AND IMPLEMENTATION OF PILOT PROGRAM — ‘‘ 1 IN GENERAL —The Assistant Secretary of Defense for Health Affairs shall be the lead official for the design and implementation of the pilot program under subsection a ‘‘ 2 RESOURCES —The Assistant Secretary of Defense for Health Affairs shall leverage the resources of the Defense H R 6395—319 Health Agency for execution of the pilot program under subsection a and shall coordinate with the Chairman of the Joint Chiefs of Staff for the duration of the pilot program including for the duration of any period of design or planning for the pilot program ‘‘ d LOCATIONS — ‘‘ 1 IN GENERAL —The Secretary of Defense shall carry out the pilot program under subsection a at not fewer than five locations in the United States that are located at or near an organization institution entity center or hospital specified in subsection a with established expertise in disaster health preparedness and response and trauma care that augment and enhance the effectiveness of the pilot program ‘‘ 2 PHASED SELECTION OF LOCATIONS — ‘‘ A INITIAL SELECTION —Not later than March 31 2021 the Assistant Secretary of Defense for Health Affairs in consultation with the Secretary of Veterans Affairs the Secretary of Health and Human Services the Secretary of Homeland Security and the Secretary of Transportation shall select not fewer than two locations at which to carry out the pilot program ‘‘ B SUBSEQUENT SELECTION —Not later than the end of the one-year period following selection of the locations under subparagraph A the Assistant Secretary of Defense for Health Affairs in consultation with the Secretaries specified in subparagraph A shall select not fewer than two additional locations at which to carry out the pilot program until not fewer than five locations are selected in total under this paragraph ‘‘ 3 CONSIDERATION FOR LOCATIONS —In selecting locations for the pilot program under subsection a the Secretary shall consider— ‘‘ A the proximity of the location to civilian or military transportation hubs including airports railways interstate highways or ports ‘‘ B the proximity of the location to an organization institution entity center or hospital specified in subsection a with the ability to accept a redistribution of casualties during times of war ‘‘ C the proximity of the location to an organization institution entity center or hospital specified in subsection a with the ability to provide trauma care training opportunities for medical personnel of the Department of Defense and ‘‘ D the proximity of the location to existing academic medical centers of institutions of higher education facilities of the Department or other institutions that have established expertise in the areas of— ‘‘ i highly infectious disease ‘‘ ii biocontainment ‘‘ iii quarantine ‘‘ iv trauma care ‘‘ v combat casualty care ‘‘ vi the National Disaster Medical System under section 2812 of the Public Health Service Act 42 U S C 300hh–11 ‘‘ vii disaster health preparedness and response H R 6395—320 ‘‘ viii medical and public health management of biological chemical radiological or nuclear hazards or ‘‘ ix such other areas of expertise as the Secretary considers appropriate ‘‘ 4 PRIORITY FOR LOCATIONS —In selecting locations for the pilot program under subsection a the Secretary shall give priority to locations that would facilitate public-private partnerships with academic medical centers of institutions of higher education hospitals and other entities with facilities that have an established history of providing clinical care treatment training and research in the areas described in paragraph 3 D or other specializations determined important by the Secretary for purposes of the pilot program ’’ 5 by striking subsection g as redesignated by paragraph 2 and inserting the following ‘‘ g REPORTS — ‘‘ 1 INITIAL REPORT — ‘‘ A IN GENERAL —Not later than 180 days after the commencement of the pilot program under subsection a the Secretary shall submit to the appropriate congressional committees a report on the pilot program ‘‘ B ELEMENTS —The report under subparagraph A shall include the following ‘‘ i A description of the pilot program ‘‘ ii The requirements established under subsection e ‘‘ iii The evaluation metrics established under subsection f ‘‘ iv Such other matters relating to the pilot program as the Secretary considers appropriate ‘‘ 2 FINAL REPORT —Not later than 180 days after the completion of the pilot program under subsection a the Secretary shall submit to the appropriate congressional committees a report on the pilot program ’’ and 6 by adding at the end the following new subsection ‘‘ h DEFINITIONS —In this section ‘‘ 1 The term ‘appropriate congressional committees’ means— ‘‘ A The Committee on Armed Services the Committee on Transportation and Infrastructure the Committee on Veterans’ Affairs the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives ‘‘ B The Committee on Armed Services the Committee on Commerce Science and Transportation the Committee on Veterans’ Affairs the Committee on Homeland Security and Governmental Affairs and the Committee on Health Education Labor and Pensions of the Senate ‘‘ 2 The term ‘institution of higher education’ means a four-year institution of higher education as defined in section 101 a of the Higher Education Act of 1965 20 U S C 1001 a ’’ H R 6395—321 SEC 742 REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED FORCES AND SUICIDE PREVENTION PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF DEFENSE Section 741 a 2 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1467 is amended— 1 in subparagraph B by adding at the end the following new clause ‘‘ iii The one-year period following the date on which the member returns from such a deployment ’’ 2 by redesignating subparagraphs D through H as subparagraphs E through I respectively 3 by inserting after subparagraph C the following new subparagraph D ‘‘ D The number of suicides involving a member who was prescribed a medication to treat a mental health or behavioral health diagnosis during the one-year period preceding the death ’’ and 4 by adding at the end the following new subparagraph ‘‘ J A description of the programs carried out by the military departments to address and reduce the stigma associated with seeking assistance for mental health or suicidal thoughts ’’ SEC 743 EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND Section 1704 e of the National Defense Authorization Act for Fiscal Year 2010 Public Law 111–84 123 Stat 2573 as most recently amended by section 732 4 B of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1460 is further amended by striking ‘‘September 30 2021’’ and inserting ‘‘September 30 2022’’ SEC 744 MILITARY HEALTH SYSTEM CLINICAL QUALITY MANAGEMENT PROGRAM a IN GENERAL —The Secretary of Defense acting through the Director of the Defense Health Agency shall implement a comprehensive program to be known as the ‘‘Military Health System Clinical Quality Management Program’’ in this section referred to as the ‘‘Program’’ b ELEMENTS OF PROGRAM —The Program shall include at a minimum the following 1 The implementation of systematic procedures to eliminate to the extent feasible risk of harm to patients at military medical treatment facilities including through identification investigation and analysis of events indicating a risk of patient harm and corrective action plans to mitigate such risks 2 With respect to a potential sentinel event including those involving members of the Armed Forces at a military medical treatment facility— A an analysis of such event which shall occur and be documented as soon as possible after the event B use of such analysis for clinical quality management and C reporting of such event to the National Practitioner Data Bank in accordance with guidelines of the Secretary H R 6395—322 of Health and Human Services under the Health Care Quality Improvement Act of 1986 42 U S C 11101 et seq giving special emphasis to the results of external peer reviews of the event 3 Validation of provider credentials and granting of clinical privileges by the Director of the Defense Health Agency for all health care providers at a military medical treatment facility 4 Accreditation of military medical treatment facilities by a recognized external accreditation body 5 Systematic measurement of indicators of health care quality emphasizing clinical outcome measures comparison of such indicators with benchmarks from leading health care quality improvement organizations and transparency with the public of appropriate clinical measurements for military medical treatment facilities 6 Systematic activities emphasized by leadership at all organizational levels to use all elements of the Program to eliminate unwanted variance throughout the health care system of the Department of Defense and make constant improvements in clinical quality 7 A full range of procedures for productive communication between patients and health care providers regarding actual or perceived adverse clinical events at military medical treatment facilities including procedures— A for full disclosure of such events respecting the confidentiality of peer review information under a medical quality assurance program under section 1102 of title 10 United States Code B providing an opportunity for the patient to be heard in relation to quality reviews and C to resolve patient concerns by independent neutral health care resolution specialists c ADDITIONAL CLINICAL QUALITY MANAGEMENT ACTIVITIES — 1 IN GENERAL —In addition to the elements of the Program set forth in subsection b the Secretary shall establish and maintain clinical quality management activities in relation to functions of the health care system of the Department separate from delivery of health care services in military medical treatment facilities 2 HEALTH CARE DELIVERY OUTSIDE MILITARY MEDICAL TREATMENT FACILITIES —In carrying out paragraph 1 the Secretary shall maintain policies and procedures to promote clinical quality in health care delivery on ships and planes in deployed settings and in all other circumstances not covered by subsection b with the objective of implementing standards and procedures comparable to the extent practicable to those under such subsection 3 PURCHASED CARE SYSTEM —In carrying out paragraph 1 the Secretary shall maintain policies and procedures for health care services provided outside the Department but paid for by the Department reflecting best practices by public and private health care reimbursement and management systems H R 6395—323 SEC 745 WOUNDED WARRIOR SERVICE DOG PROGRAM a PROGRAM —The Secretary of Defense shall establish a program to be known as the ‘‘Wounded Warrior Service Dog Program’’ to provide assistance dogs to covered members and covered veterans b DEFINITIONS —In this section 1 The term ‘‘assistance dog’’ means a dog specifically trained to perform physical tasks to mitigate the effects of a covered disability except that the term does not include a dog specifically trained for comfort or personal defense 2 The term ‘‘covered disability’’ means any of the following A Blindness or visual impairment B Loss of use of a limb paralysis or other significant mobility issues C Loss of hearing D Traumatic brain injury E Post-traumatic stress disorder F Any other disability that the Secretary of Defense considers appropriate 3 The term ‘‘covered member’’ means a member of the Armed Forces who is— A receiving medical treatment recuperation or therapy under chapter 55 of title 10 United States Code B in medical hold or medical holdover status or C covered under section 1202 or 1205 of title 10 United States Code 4 The term ‘‘covered veteran’’ means a veteran who is enrolled in the health care system established under section 1705 a of title 38 United States Code SEC 746 EXTRAMEDICAL MATERNAL HEALTH PROVIDERS DEMONSTRATION PROJECT a DEMONSTRATION PROJECT REQUIRED —Not later than one year after the date of the enactment of this Act the Secretary of Defense shall commence carrying out a demonstration project designed to evaluate the cost quality of care and impact on maternal and fetal outcomes of using extramedical maternal health providers under the TRICARE program to determine the appropriateness of making coverage of such providers under the TRICARE program permanent b ELEMENTS OF DEMONSTRATION PROJECT —The demonstration project under subsection a shall include for participants in the demonstration project the following 1 Access to doulas 2 Access to lactation consultants or lactation counselors who are not otherwise authorized to provide services under the TRICARE program c PARTICIPANTS —The Secretary shall establish a process under which covered beneficiaries may enroll in the demonstration project to receive the services provided under the demonstration project d DURATION —The Secretary shall carry out the demonstration project for a period of five years beginning on the date on which notification of the commencement of the demonstration project is published in the Federal Register e SURVEYS — H R 6395—324 1 IN GENERAL —Not later than one year after the date of the enactment of this Act and annually thereafter for the duration of the demonstration project the Secretary shall administer a survey to determine— A how many members of the Armed Forces or spouses of such members give birth while their spouse or birthing partner is unable to be present due to deployment training or other mission requirements B how many single members of the Armed Forces give birth alone and C how many members of the Armed Forces or spouses of such members use doula lactation consultant or lactation counselor support 2 MATTERS COVERED BY SURVEYS —The surveys administered under paragraph 1 shall include an identification of the following A The race ethnicity age sex relationship status Armed Force military occupation and rank as applicable of each individual surveyed B If individuals surveyed were members of the Armed Forces or the spouses of such members or both C The length of advanced notice received by individuals surveyed that the member of the Armed Forces would be unable to be present during the birth if applicable D Any resources or support that the individuals surveyed found useful during the pregnancy and birth process including doula lactation consultant or lactation counselor support f REPORTS — 1 IMPLEMENTATION PLAN —Not later than 180 days after the date of the enactment of this Act the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a plan to implement the demonstration project 2 ANNUAL REPORT — A IN GENERAL —Not later than one year after the date on which the demonstration project commences and annually thereafter for the duration of the demonstration project the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the cost of the demonstration project and the effectiveness of the demonstration project in improving quality of care and the maternal and fetal outcomes of covered beneficiaries enrolled in the demonstration project B MATTERS COVERED —Each report submitted under subparagraph A shall address at a minimum the following i The number of covered beneficiaries who are enrolled in the demonstration project ii The number of enrolled covered beneficiaries who have participated in the demonstration project iii The results of the surveys under subsection e iv The cost of the demonstration project v An assessment of the quality of care provided to participants in the demonstration project H R 6395—325 vi An assessment of the impact of the demonstration project on maternal and fetal outcomes vii An assessment of the effectiveness of the demonstration project viii Recommendations for adjustments to the demonstration project ix The estimated costs avoided as a result of improved maternal and fetal health outcomes due to the demonstration project x Recommendations for extending the demonstration project or implementing permanent coverage under the TRICARE program of extramedical maternal health providers xi An identification of legislative or administrative action necessary to make the demonstration project permanent C FINAL REPORT —The final report under subparagraph A shall be submitted not later than 90 days after the date on which the demonstration project terminates g EXPANSION OF DEMONSTRATION PROJECT — 1 REGULATIONS —If the Secretary determines that the demonstration project is successful the Secretary may prescribe regulations to include extramedical maternal health providers as health care providers authorized to provide care under the TRICARE program 2 CREDENTIALING AND OTHER REQUIREMENTS —The Secretary may establish credentialing and other requirements for doulas lactation consultants and lactation counselors through public notice and comment rulemaking for purposes of including doulas lactation consultants and lactation counselors as health care providers authorized to provide care under the TRICARE program pursuant to regulations prescribed under paragraph 1 h DEFINITIONS —In this section 1 The terms ‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the meanings given those terms in section 1072 of title 10 United States Code 2 The term ‘‘extramedical maternal health provider’’ means a doula lactation consultant or lactation counselor SEC 747 BRIEFING ON DIET AND NUTRITION OF MEMBERS OF THE ARMED FORCES Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the diet and nutrition of members of the Armed Forces The briefing shall describe the following 1 The relationship between the diet and nutrition of members and the health performance and combat effectiveness of members 2 The relationship between diets high in omega 3 fatty acids or other diets that may lower inflammation and obesity and improved mental health 3 The extent to which the food and beverages offered at the dining halls of the Armed Forces as of the date of the briefing are designed to optimize the health performance H R 6395—326 and combat effectiveness of members according to science-based approaches 4 The plan of the Secretary to improve the health performance and combat effectiveness of members by modifying the food and beverages offered at such dining halls including in ways that minimize the change for members 5 Expected costs and timeline to implement such plan including any projected costs or savings from reduced medical costs if the plan is implemented SEC 748 AUDIT OF MEDICAL CONDITIONS PRIVATIZED MILITARY HOUSING OF RESIDENTS IN a AUDIT —Not later than 90 days after the date of the enactment of this Act the Inspector General of the Department of Defense shall commence the conduct of an audit of— 1 the medical conditions of eligible individuals and the association between adverse exposures of such individuals in unsafe or unhealthy housing units and the health of such individuals and 2 the process under section 3053 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1943 including whether such process will adequately address resolution of environmental health hazards identified as a result of the inspections and assessments conducted pursuant to sections 3051 b and 3052 b of such Act Public Law 116–92 133 Stat 1941 and 1942 b CONTENT OF AUDIT —In conducting the audit under subsection a the Inspector General shall— 1 determine the percentage of units of privatized military housing that are considered by the Inspector General to be unsafe or unhealthy housing units and visit at least one military installation of the Department of Defense from each of the Army Navy Air Force and Marine Corps to verify that such units are unsafe or unhealthy housing units 2 study the adverse exposures of eligible individuals that relate to residing in an unsafe or unhealthy housing unit and the effect of such exposures on the health of such individuals 3 determine to the extent permitted by available scientific data the association between such adverse exposures and the occurrence of a medical condition in eligible individuals residing in unsafe or unhealthy housing units and provide quantifiable data on such association 4 review the process to identify record and resolve environmental health hazards developed by the Secretary of Defense under section 3053 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1943 5 review the inspections and assessments conducted pursuant to sections 3051 b and 3052 b of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1941 and 1942 6 study the relationship between the process specified in paragraph 4 and any environmental health hazards identified as a result of the inspections and assessments specified in paragraph 5 to determine whether such process will adequately address resolution of such hazards and complaints that H R 6395—327 relate to such hazards made by eligible individuals residing in privatized military housing and 7 make such recommendations as the Inspector General may have to improve the process specified in paragraph 4 c CONDUCT OF AUDIT —The Inspector General shall conduct the audit under subsection a using the same privacy preserving guidelines used by the Inspector General in conducting other audits of health records d SOURCE OF DATA —In conducting the audit under subsection a the Inspector General shall use— 1 de-identified data from electronic health records of the Department 2 records of claims under the TRICARE program and 3 such other data as determined necessary by the Inspector General e SUBMISSION AND PUBLIC AVAILABILITY OF REPORT —Not later than one year after the commencement of the audit under subsection a the Inspector General shall— 1 submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the audit conducted under subsection a including any recommendations made under subsection b 7 and 2 publish such report on a publicly available internet website of the Department of Defense f DEFINITIONS —In this section 1 The term ‘‘eligible individual’’ means a member of the Armed Forces or a family member of a member of the Armed Forces who has resided in an unsafe or unhealthy housing unit 2 The term ‘‘privatized military housing’’ means military housing provided under subchapter IV of chapter 169 of title 10 United States Code 3 The term ‘‘TRICARE program’’ has the meaning given such term section 1072 of title 10 United States Code 4 The term ‘‘unsafe or unhealthy housing unit’’ means a unit of privatized military housing in which is present at levels exceeding national standards or guidelines at least one of the following hazards A Physiological hazards including the following i Dampness or microbial growth ii Lead-based paint iii Asbestos or manmade fibers iv Ionizing radiation v Biocides vi Carbon monoxide vii Volatile organic compounds viii Infectious agents ix Fine particulate matter B Psychological hazards including ease of access by unlawful intruders or lighting issues C Poor ventilation D Safety hazards E Other similar hazards as determined by the Inspector General H R 6395—328 SEC 749 ASSESSMENT OF RECEIPT BY CIVILIANS OF EMERGENCY MEDICAL TREATMENT AT MILITARY MEDICAL TREATMENT FACILITIES a ASSESSMENT —Not later than one year after the date of the enactment of this Act the Comptroller General of the United States shall complete an assessment of the provision by the Secretary of Defense of emergency medical treatment to civilians who are not covered beneficiaries at military medical treatment facilities during the period beginning on October 1 2015 and ending on September 30 2020 b ELEMENTS OF ASSESSMENT —The assessment under subsection a shall include with respect to civilians who received emergency medical treatment at a military medical treatment facility during the period specified in such paragraph the following 1 The total fees charged to such civilians for such treatment and the total fees collected 2 The amount of medical debt from such treatment that was garnished from such civilians categorized by garnishment from Social Security benefits tax refunds wages or other financial assets 3 The number of such civilians from whom medical debt from such treatment was garnished 4 The total fees for such treatment that were waived for such civilians 5 With respect to medical debt incurred by such civilians from such treatment— A the amount of such debt that was collected by the Secretary of Defense B the amount of such debt still owed to the Department of Defense and C the amount of such debt transferred from the Department of Defense to the Department of the Treasury for collection 6 The number of such civilians from whom such medical debt was collected who did not possess medical insurance at the time of such treatment 7 The number of such civilians from whom such medical debt was collected who collected Social Security benefits at the time of such treatment 8 The number of such civilians from whom such medical debt was collected who at the time of such treatment earned— A less than the poverty line B less than 200 percent of the poverty line C less than 300 percent of the poverty line and D less than 400 percent of the poverty line 9 An assessment of the process through which military medical treatment facilities seek to recover unpaid medical debt from such civilians including whether the Secretary of Defense contracts with private debt collectors to recover such unpaid medical debt 10 An assessment of the process if any through which such civilians can apply to have medical debt for such treatment waived forgiven canceled or otherwise determined to not be a financial obligation of the civilian 11 Such other information as the Comptroller General determines appropriate H R 6395—329 c REPORTS —The Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives— 1 not later than December 1 2021 a report containing preliminary observations with respect to the assessment under subsection a and 2 at such time and in such format as is mutually agreed upon by the committees and the Comptroller General a report containing the final results of such assessment d DEFINITIONS —In this section 1 The term ‘‘civilian’’ means an individual who is not— A a member of the Armed Forces B a contractor of the Department of Defense or C a civilian employee of the Department 2 The term ‘‘covered beneficiary’’ has the meaning given that term in section 1072 5 of title 10 United States Code 3 The term ‘‘poverty line’’ has the meaning given that term in section 673 of the Community Services Block Grant Act 42 U S C 9902 SEC 750 STUDY ON THE INCIDENCE OF CANCER DIAGNOSIS AND MORTALITY AMONG MILITARY AVIATORS AND AVIATION SUPPORT PERSONNEL a STUDY — 1 IN GENERAL —The Secretary of Defense in conjunction with the Directors of the National Institutes of Health and the National Cancer Institute shall conduct a study on cancer among covered individuals in two phases as provided in this subsection 2 PHASE 1 — A IN GENERAL —Under the initial phase of the study conducted under paragraph 1 the Secretary of Defense shall determine if there is a higher incidence of cancers occurring for covered individuals as compared to similar age groups in the general population through the use of the database of the Surveillance Epidemiology and End Results program of the National Cancer Institute B REPORT —Not later than one year after the date of the enactment of this Act the Secretary shall submit to the appropriate committees of Congress a report on the findings of the initial phase of the study under subparagraph A 3 PHASE 2 — A IN GENERAL —If pursuant to the initial phase of the study under paragraph 2 the Secretary concludes that there is an increased rate of cancers among covered individuals the Secretary shall conduct a second phase of the study under which the Secretary shall do the following i Identify the carcinogenic toxins or hazardous materials associated with military flight operations from shipboard or land bases or facilities such as fuels fumes and other liquids ii Identify the operating environments including frequencies or electromagnetic fields where exposure to ionizing radiation associated with high altitude H R 6395—330 flight and nonionizing radiation associated with airborne ground and shipboard radars occurred in which covered individuals could have received increased radiation amounts iii Identify for each covered individual duty stations dates of service aircraft flown and additional duties including Landing Safety Officer Catapult and Arresting Gear Officer Air Liaison Officer Tactical Air Control Party or personnel associated with aircraft maintenance supply logistics fuels or transportation that could have increased the risk of cancer for such covered individual iv Determine locations where a covered individual served or additional duties of a covered individual that are associated with higher incidences of cancers v Identify potential exposures due to service in the Armed Forces that are not related to aviation such as exposure to burn pits or toxins in contaminated water embedded in the soil or inside bases or housing vi Determine the appropriate age to begin screening covered individuals for cancer based on race gender flying hours period of service as aviation support personnel Armed Force type of aircraft and mission B DATA —The Secretary shall format all data included in the study conducted under this paragraph in accordance with the Surveillance Epidemiology and End Results program of the National Cancer Institute including by disaggregating such data by race gender and age C REPORT —Not later than one year after the submittal of the report under paragraph 2 B if the Secretary conducts the second phase of the study under this paragraph the Secretary shall submit to the appropriate committees of Congress a report on the findings of the study conducted under this paragraph 4 USE OF DATA FROM PREVIOUS STUDIES —In conducting the study under this subsection the Secretary of Defense shall incorporate data from previous studies conducted by the Air Force the Navy or the Marine Corps that are relevant to the study under this subsection including data from the comprehensive study conducted by the Air Force identifying each covered individual and documenting the cancers dates of diagnoses and mortality of each covered individual b DEFINITIONS —In this section 1 The term ‘‘appropriate committees of Congress’’ means— A the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate and B the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives 2 The term ‘‘Armed Forces’’— A has the meaning given the term ‘‘armed forces’’ in section 101 of title 10 United States Code and B includes the reserve components named in section 10101 of such title 3 The term ‘‘covered individual’’— A means an aviator or aviation support personnel who— H R 6395—331 i served in the Armed Forces on or after February 28 1961 and ii receives benefits under chapter 55 of title 10 United States Code and B includes any air crew member of fixed-wing aircraft and personnel supporting generation of the aircraft including pilots navigators weapons systems operators aircraft system operators personnel associated with aircraft maintenance supply logistics fuels or transportation and any other crew member who regularly flies in an aircraft or is required to complete the mission of the aircraft SEC 751 STUDY ON EXPOSURE TO TOXIC SUBSTANCES AT KARSHIKHANABAD AIR BASE UZBEKISTAN a STUDY — 1 IN GENERAL —The Secretary of Defense shall conduct a study on exposure to toxic substances by members of the Armed Forces deployed to Karshi-Khanabad Air Base Uzbekistan at any time during the period beginning on October 1 2001 and ending on December 31 2005 2 MATTERS INCLUDED —The study under paragraph 1 shall include the following A An assessment regarding the conditions of KarshiKhanabad Air Base Uzbekistan during the period beginning on October 1 2001 and ending on December 31 2005 including an identification of any toxic substances contaminating the Air Base during such period B An epidemiological study of the health consequences of members of the Armed Forces deployed to the Air Base at any time during such period C An assessment of any association between exposure to toxic substances identified under subparagraph A and the health consequences studied under subparagraph B b 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 House of Representatives and the Senate a report on the results of the study under subsection a SEC 752 REVIEW AND REPORT ON PREVENTION OF SUICIDE AMONG MEMBERS OF THE ARMED FORCES STATIONED AT REMOTE INSTALLATIONS OUTSIDE THE CONTIGUOUS UNITED STATES a REVIEW REQUIRED —The Comptroller General of the United States shall conduct a review of efforts by the Department of Defense to prevent suicide among covered members b ELEMENTS OF REVIEW —The review conducted under subsection a shall include an assessment of each of the following 1 Current policy guidelines of the Armed Forces on the prevention of suicide among covered members 2 Current suicide prevention programs and activities of the Armed Forces provided to covered members and their dependents including programs provided by the Defense Health Program and the Defense Suicide Prevention Office H R 6395—332 3 The integration of mental health screenings and efforts relating to suicide risk and suicide prevention for covered members and their dependents into the delivery of primary care for such members and dependents 4 The standards for responding to attempted or completed suicides among covered members and their dependents including guidance and training to assist commanders in addressing incidents of attempted or completed suicide that occur within their units 5 The standards regarding data collection for covered members and their dependents including the collection of data on factors that relate to suicide such as domestic violence and child abuse 6 The means used to ensure the protection of privacy of covered members and their dependents who seek or receive treatment relating to suicide prevention 7 The availability of information from indigenous populations on suicide prevention for covered members who are members of such a population 8 The availability of information from graduate research programs of institutions of higher education on suicide prevention for members of the Armed Forces 9 Such other matters as the Comptroller General considers appropriate in connection with the prevention of suicide among covered members and their dependents c BRIEFING AND REPORT —The Comptroller General shall— 1 not later than October 1 2021 brief the Committees on Armed Services of the House of Representatives and the Senate on preliminary observations relating to the review under subsection a and 2 not later than March 1 2022 submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the results of such review d DEFINITIONS —In this section 1 The term ‘‘covered installation’’ means a remote installation of the Department of Defense located outside the contiguous United States 2 The term ‘‘covered member’’ means a member of the Armed Forces who is stationed at a covered installation SEC 753 STUDY ON MEDEVAC HELICOPTERS AND AMBULANCES AT CERTAIN MILITARY INSTALLATIONS a STUDY —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 House of Representatives and the Senate a report containing a feasibility study on the use and maintenance of medical evacuation helicopters and ground ambulances at covered military installations b ELEMENTS —The study under subsection a shall include the following 1 The requirements analysis that determines whether a medical evacuation helicopter and ground ambulance or similar vehicles are required at covered military installations 2 The frequency with which such helicopters and ambulances are inspected for maintenance and restocked with the required supplies and equipment H R 6395—333 3 The frequency with which training exercises occur involving the use of such helicopters and ambulances 4 The planning factors associated with ensuring that the capabilities provided by such helicopters and ambulances are readily available and the contingency plans that may involve the use of helicopters or ambulances provided by allies of the United States or host countries c COVERED MILITARY INSTALLATION DEFINED —In this section the term ‘‘covered military installation’’ means each military installation outside the United States at which the Secretary anticipates the United States will have an enduring presence SEC 754 COMPTROLLER GENERAL STUDY ON PRENATAL AND POSTPARTUM MENTAL HEALTH CONDITIONS AMONG MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS a STUDY — 1 IN GENERAL —The Comptroller General of the United States shall conduct a study on prenatal and postpartum mental health conditions among members of the Armed Forces and the dependents of such members 2 ELEMENTS —The study under paragraph 1 shall include the following A An assessment of— i the extent to which beneficiaries under the TRICARE program including members of the Armed Forces and the dependents of such members are diagnosed with— I prenatal or postpartum depression II prenatal or postpartum anxiety disorder III prenatal or postpartum obsessive compulsive disorder IV prenatal or postpartum psychosis and V other relevant mood disorders and ii the extent to which data is collected on the prenatal or postpartum mental health conditions specified under clause i B A demographic assessment of the population included in the study with respect to race ethnicity sex age relationship status military service military occupation and rank where applicable C An assessment of the status of prenatal and postpartum mental health care for beneficiaries under the TRICARE program including those who seek care at military medical treatment facilities and those who rely on civilian providers D An assessment of the ease or delay for beneficiaries under the TRICARE program in obtaining treatment for prenatal and postpartum mental health conditions including— i an assessment of wait times for mental health treatment at each military medical treatment facility and ii a description of the reasons such beneficiaries may cease seeking such treatment E A comparison of the rates of prenatal or postpartum mental health conditions within the military community H R 6395—334 to such rates in the civilian population as reported by the Centers for Disease Control and Prevention F An assessment of any effects of implicit or explicit bias in prenatal and postpartum mental health care under the TRICARE program or evidence of racial or socioeconomic barriers to such care G The extent to which treatment for mental health issues specified under subparagraph A i is available and accessible to members of the Armed Forces serving on active duty and the spouses of such members H The barriers that prevent members of the Armed Forces serving on active duty and the spouses of such members from seeking or obtaining care for such mental health issues I The ways in which the Department of Defense is addressing barriers identified under subparagraph H b REPORT —Not later than one year after the date of the enactment of this Act the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the findings of the study conducted under subsection a including— 1 recommendations for actions to be taken by the Secretary of Defense to improve prenatal and postpartum mental health among members of the Armed Forces and dependents of such members and 2 such other recommendations as the Comptroller General determines appropriate c DEFINITIONS —In this section the terms ‘‘dependent’’ and ‘‘TRICARE program’’ have the meanings given those terms in section 1072 of title 10 United States Code SEC 755 REPORT ON LAPSES IN TRICARE COVERAGE FOR MEMBERS OF THE NATIONAL GUARD AND RESERVE COMPONENTS a REPORT —Not later than one year after the date of the enactment of this Act each Secretary of a military department in consultation with the Director of the Defense Health Agency shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing an analysis of each of the following with respect to the military department of the Secretary 1 Any lapses in coverage under the TRICARE program for a member of a reserve component that occurred during the eight-year period ending on the date of the enactment of this Act and were caused by a change in the duty status of such member including an identification of the total number of such lapses 2 The factors contributing to any such lapses including— A technological factors including factors relating to outdated systems B human errors in processing changes in duty status C shortages in the level of administrative staffing of the reserve component and D integration of systems of the reserve component with Integrated Pay and Personnel Systems 3 How factors contributing to any such lapses were identified under paragraph 2 and whether actions have been taken to address the factors H R 6395—335 4 The effect of any such lapses on— A the delivery of health care benefits to members of the reserve components and the eligible dependents of such members or B force readiness and force retention 5 The parties responsible for identifying and communicating to a member of a reserve component issues relating to eligibility under the TRICARE program 6 The methods by which a member of a reserve component an eligible dependent of such member or the Secretary of Defense may verify the status of enrollment in the TRICARE program regarding the member before during and after a deployment of the member 7 The comparative effectiveness with respect to the delivery of health care benefits to a member of a reserve component and eligible dependents of such member of— A continuing the current process by which a previously eligible member must transition from coverage under TRICARE Reserve Select to coverage under TRICARE Prime after a change to active service in the duty status of such member and B establishing a new process by which a previously eligible member may remain covered by TRICARE Reserve Select after a change to active service in the duty status of such member whether by allowing a previously eligible member to pay a premium for such coverage or by requiring the Federal Government to provide for such coverage 8 Whether the current process referred to in paragraph 7 A negatively affects the delivery of health care benefits as a result of transitions between network providers 9 The current status and expected completion of duty status reform for personnel of the reserve components 10 The actions necessary to prevent future occurrences of such lapses including legislative actions b DEFINITIONS —In this section 1 The term ‘‘active service’’ has the meaning given that term in section 101 d of title 10 United States Code 2 The term ‘‘eligible dependent’’ means a dependent of a member of a reserve component— A described in subparagraph A D or I of section 1072 2 of title 10 United States Code and B eligible for coverage under the TRICARE program 3 The term ‘‘previously eligible member’’ means a member of a reserve component who was eligible for coverage under TRICARE Reserve Select pursuant to section 1076d of title 10 United States Code prior to a change to active service in the duty status of such member 4 The terms ‘‘TRICARE Prime’’ and ‘‘TRICARE program’’ have the meanings given those terms in section 1072 of title 10 United States Code 5 The term ‘‘TRICARE Reserve Select’’ has the meaning given that term in section 1076d f of title 10 United States Code H R 6395—336 SEC 756 STUDY AND REPORT ON INCREASING TELEHEALTH SERVICES ACROSS ARMED FORCES a STUDY —The Secretary of Defense shall conduct a study that reviews identifies and evaluates the technology approaches policies and concepts of operations of telehealth and telemedicine programs across all military departments The study shall include the following 1 Identification and evaluation of limitations and vulnerabilities of health care and medicine capabilities with respect to telemedicine 2 Identification and evaluation of essential technologies needed to achieve documented goals and capabilities of telehealth and associated technologies required to support sustainability 3 Development of a technology maturation roadmap including an estimated funding profile over time needed to achieve an effective operational telehealth usage that describes both the critical and associated supporting technologies systems integration prototyping and experimentation and test and evaluation 4 An analysis of telehealth programs such as remote diagnostic testing and evaluation tools that contribute to the medical readiness of military medical providers b 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 House of Representatives and the Senate a report containing the study conducted under subsection a SEC 757 STUDY ON FORCE MIX OPTIONS AND SERVICE MODELS TO ENHANCE READINESS OF MEDICAL FORCE OF THE ARMED FORCES a STUDY —Not later than 30 days after the date of the enactment of this Act the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center or other independent entity to conduct a study on force mix options and service models including traditional and nontraditional active and reserve models to enhance the readiness of the medical force of the Armed Forces to deliver combat care on the battlefield and assist public health responses to pandemics or other national public health emergencies b ELEMENTS —The study under subsection a shall include at a minimum and conducted separately with respect to members of the Armed Forces on active duty and members of the reserve components— 1 a review of existing models for such members who are medical professionals to improve clinical readiness skills by serving in civilian trauma centers Federal agencies or other organizations determined appropriate by the Secretary 2 an assessment of the extent to which such existing models can be optimized standardized and scaled to address readiness shortfalls and 3 an evaluation of the cost and effectiveness of alternative models for such members who are medical professionals to serve in the centers agencies and organizations specified in subparagraph A H R 6395—337 c REPORT —Not later than 15 months after the date of the enactment of this Act the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the findings and recommendations resulting from the study under subsection a SEC 758 REPORT ON BILLING PRACTICES FOR HEALTH CARE FROM DEPARTMENT OF DEFENSE a REPORT — 1 IN GENERAL —Not later than one year after the date of the enactment of this Act the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report assessing the billing practices of the Department of Defense for care received under the TRICARE program or at military medical treatment facilities 2 ELEMENTS —The report required by paragraph 1 shall include the following A A description of the extent to which data is being collected and maintained on whether beneficiaries under the TRICARE program have other forms of health insurance B A description of the extent to which the Secretary of Defense has implemented the recommendations of the Inspector General of the Department of Defense to improve collections of third-party payments for care at military medical treatment facilities and a description of the impact such implementation has had on such beneficiaries C A description of the extent to which the process used by managed care support contractors under the TRICARE program to adjudicate third-party liability claims is efficient and effective including with respect to communication with such beneficiaries b TRICARE PROGRAM DEFINED —In this section the term ‘‘TRICARE program’’ has the meaning given that term in section 1072 of title 10 United States Code Subtitle E—Mental Health Services From Department of Veterans Affairs for Members of Reserve Components SEC 761 SHORT TITLE This subtitle may be cited as the ‘‘Care and Readiness Enhancement for Reservists Act of 2020’’ or the ‘‘CARE for Reservists Act of 2020’’ SEC 762 EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND RELATED OUTPATIENT SERVICES FROM DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE MEMBERS OF RESERVE COMPONENTS OF THE ARMED FORCES a READJUSTMENT COUNSELING —Subsection a 1 of section 1712A of title 38 United States Code is amended by adding at the end the following new subparagraph ‘‘ D i The Secretary in consultation with the Secretary of Defense may furnish to any member of the reserve components H R 6395—338 of the Armed Forces who has a behavioral health condition or psychological trauma counseling under subparagraph A i which may include a comprehensive individual assessment under subparagraph B i ‘‘ ii A member of the reserve components of the Armed Forces described in clause i shall not be required to obtain a referral before being furnished counseling or an assessment under this subparagraph ’’ b OUTPATIENT SERVICES —Subsection b of such section is amended— 1 in paragraph 1 — A by inserting ‘‘to an individual’’ after ‘‘If on the basis of the assessment furnished’’ and B by striking ‘‘veteran’’ each place it appears and inserting ‘‘individual’’ and 2 in paragraph 2 by striking ‘‘veteran’’ and inserting ‘‘individual’’ c EFFECTIVE DATE —The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act SEC 763 PROVISION OF MENTAL HEALTH SERVICES FROM DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF RESERVE COMPONENTS OF THE ARMED FORCES a IN GENERAL —Subchapter VIII of chapter 17 of title 38 United States Code is amended by adding at the end the following new section ‘‘§ 1789 Mental health services for members of the reserve components of the Armed Forces ‘‘The Secretary in consultation with the Secretary of Defense may furnish mental health services to members of the reserve components of the Armed Forces ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1788 the following new item ‘‘1789 Mental health services for members of the reserve components of the Armed Forces ’’ SEC 764 INCLUSION OF MEMBERS OF RESERVE COMPONENTS IN MENTAL HEALTH PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS a SUICIDE PREVENTION PROGRAM — 1 IN GENERAL —Section 1720F of title 38 United States Code is amended by adding at the end the following new subsection ‘‘ l 1 COVERED INDIVIDUAL DEFINED —In this section the term ‘covered individual’ means a veteran or a member of the reserve components of the Armed Forces ‘‘ 2 In determining coverage of members of the reserve components of the Armed Forces under the comprehensive program the Secretary shall consult with the Secretary of Defense ’’ 2 CONFORMING AMENDMENTS —Such section is further amended— A in subsection a by striking ‘‘veterans’’ and inserting ‘‘covered individuals’’ B in subsection b by striking ‘‘veterans’’ each place it appears and inserting ‘‘covered individuals’’ H R 6395—339 C in subsection c — i in the subsection heading by striking ‘‘OF VETERANS’’ ii by striking ‘‘veterans’’ each place it appears and inserting ‘‘covered individuals’’ and iii by striking ‘‘veteran’’ and inserting ‘‘individual’’ D in subsection d by striking ‘‘to veterans’’ each place it appears and inserting ‘‘to covered individuals’’ E in subsection e in the matter preceding paragraph 1 by striking ‘‘veterans’’ and inserting ‘‘covered individuals’’ F in subsection f — i in the first sentence by striking ‘‘veterans’’ and inserting ‘‘covered individuals’’ and ii in the second sentence by inserting ‘‘or members’’ after ‘‘veterans’’ G in subsection g by striking ‘‘veterans’’ and inserting ‘‘covered individuals’’ H in subsection h by striking ‘‘veterans’’ and inserting ‘‘covered individuals’’ I in subsection i — i in the subsection heading by striking ‘‘FOR VETERANS AND FAMILIES’’ ii in the matter preceding paragraph 1 by striking ‘‘veterans and the families of veterans’’ and inserting ‘‘covered individuals and the families of covered individuals’’ iii in paragraph 2 by striking ‘‘veterans’’ and inserting ‘‘covered individuals’’ and iv in paragraph 4 by striking ‘‘veterans’’ each place it appears and inserting ‘‘covered individuals’’ J in subsection j — i in paragraph 1 by striking ‘‘veterans’’ each place it appears and inserting ‘‘covered individuals’’ and ii in paragraph 4 — I in subparagraph A in the matter preceding clause i by striking ‘‘women veterans’’ and inserting ‘‘covered individuals who are women’’ II in subparagraph B by striking ‘‘women veterans who’’ and inserting ‘‘covered individuals who are women and’’ and III in subparagraph C by striking ‘‘women veterans’’ and inserting ‘‘covered individuals who are women’’ and K in subsection k by striking ‘‘veterans’’ and inserting ‘‘covered individuals’’ 3 CLERICAL AMENDMENTS — A IN GENERAL —Such section is further amended in the section heading by inserting ‘‘and members of the reserve components of the Armed Forces’’ after ‘‘veterans’’ B TABLE OF SECTIONS —The table of sections at the beginning of such subchapter is amended by striking the H R 6395—340 item relating to section 1720F and inserting the following new item ‘‘1720F Comprehensive program for suicide prevention among veterans and members of the reserve components of the Armed Forces ’’ b MENTAL HEALTH TREATMENT FOR INDIVIDUALS WHO SERVED IN CLASSIFIED MISSIONS — 1 IN GENERAL —Section 1720H of such title is amended— A in subsection a — i in paragraph 1 — I by striking ‘‘eligible veteran’’ and inserting ‘‘eligible individual’’ and II by striking ‘‘the veteran’’ and inserting ‘‘the individual’’ and ii in paragraph 3 by striking ‘‘eligible veterans’’ and inserting ‘‘eligible individuals’’ B in subsection b — i by striking ‘‘a veteran’’ and inserting ‘‘an individual’’ and ii by striking ‘‘eligible veteran’’ and inserting ‘‘eligible individual’’ and C in subsection c — i in paragraph 2 in the matter preceding subparagraph A by striking ‘‘The term ‘eligible veteran’ means a veteran’’ and inserting ‘‘The term ‘eligible individual’ means a veteran or a member of the reserve components of the Armed Forces’’ and ii in paragraph 3 by striking ‘‘eligible veteran’’ and inserting ‘‘eligible individual’’ 2 CLERICAL AMENDMENTS — A IN GENERAL —Such section is further amended in the section heading by inserting ‘‘and members of the reserve components of the Armed Forces’’ after ‘‘veterans’’ B TABLE OF SECTIONS —The table of sections at the beginning of chapter 17 of such title is amended by striking the item relating to section 1720H and inserting the following new item ‘‘1720H Mental health treatment for veterans and members of the reserve components of the Armed Forces who served in classified missions ’’ SEC 765 REPORT ON MENTAL HEALTH AND RELATED SERVICES PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF THE ARMED FORCES a IN GENERAL —Not later than one year after the date of the enactment of this Act the Secretary of Veterans Affairs shall submit to the Committees on Armed Services and the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report that includes an assessment of the following 1 The increase as compared to the day before the date of the enactment of this Act of the number of members of the Armed Forces that use readjustment counseling or outpatient mental health care from the Department of Veterans Affairs disaggregated by State Vet Center location and clinical care site of the Department as appropriate 2 The number of members of the reserve components of the Armed Forces receiving telemental health care from the Department H R 6395—341 3 The increase as compared to the day before the date of the enactment of this Act of the annual cost associated with readjustment counseling and outpatient mental health care provided by the Department to members of the reserve components of the Armed Forces 4 The changes as compared to the day before the date of the enactment of this Act in staffing training organization and resources required for the Department to offer readjustment counseling and outpatient mental health care to members of the reserve components of the Armed Forces 5 Any challenges the Department has encountered in providing readjustment counseling and outpatient mental health care to members of the reserve components of the Armed Forces b VET CENTER DEFINED —In this section the term ‘‘Vet Center’’ has the meaning given that term in section 1712A h of title 38 United States Code TITLE VIII—ACQUISITION POLICY ACQUISITION MANAGEMENT AND RELATED MATTERS Subtitle A—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 H R 6395—342 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 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 H R 6395—343 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 Subtitle A—Acquisition Policy and Management SEC 801 REPORT ON ACQUISITION RISK ASSESSMENT AND MITIGATION AS PART OF ADAPTIVE ACQUISITION FRAMEWORK IMPLEMENTATION a IN GENERAL —Each service acquisition executive shall submit to the Secretary of Defense the Under Secretary of Defense for Acquisition and Sustainment the Under Secretary of Defense for Research and Engineering and the Chief Information Officer of the Department of Defense a report on how such service acquisition executive is with respect to the risks in acquisition programs described in subsection b — 1 assessing such risks 2 mitigating such risks and 3 reporting within the Department of Defense and to Congress on such risks b ACQUISITION PROGRAM RISKS —The risks in acquisition programs described in this subsection are the following 1 Technical risks in engineering software manufacturing and testing 2 Integration and interoperability risks including complications related to systems working across multiple domains while using machine learning and artificial intelligence capabilities to continuously change and optimize system performance 3 Operations and sustainment risks including as mitigated by appropriate sustainment planning earlier in the lifecycle of a program access to technical data and intellectual property rights 4 Workforce and training risks including consideration of the role of contractors as part of the total workforce 5 Supply chain risks including cybersecurity foreign control and ownership of key elements of supply chains and the consequences that a fragile and weakening defense industrial base combined with barriers to industrial cooperation with allies and partners pose for delivering systems and technologies in a trusted and assured manner c REPORT TO CONGRESS —Not later than March 31 2021 the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report including— 1 the input received from the service acquisition executives pursuant to subsection a and 2 the views of the Under Secretary with respect to the matters described in paragraphs 1 through 5 of subsection b H R 6395—344 SEC 802 IMPROVING PLANNING EXECUTION AND OVERSIGHT OF LIFE CYCLE SUSTAINMENT ACTIVITIES a PLANNING FOR LIFE CYCLE SUSTAINMENT —Section 2337 of title 10 United States Code is amended— 1 by striking ‘‘major weapon system’’ each place it appears and inserting ‘‘covered system’’ 2 by striking ‘‘major weapon systems’’ each place it appears and inserting ‘‘covered systems’’ 3 by striking ‘‘weapon system’’ each place it appears and inserting ‘‘covered system’’ 4 by redesignating subsections b and c as subsections c and d respectively 5 by inserting after subsection a the following new subsection ‘‘ b LIFE CYCLE SUSTAINMENT PLAN —Before granting Milestone B approval or the equivalent the milestone decision authority shall ensure that each covered system has an approved life cycle sustainment plan The life cycle sustainment plan shall include— ‘‘ 1 a comprehensive product support strategy ‘‘ 2 performance goals including key performance parameters for sustainment key system attributes of the covered system and other appropriate metrics ‘‘ 3 an approved life-cycle cost estimate for the covered system ‘‘ 4 affordability constraints and key cost factors that could affect the operating and support costs of the covered system ‘‘ 5 sustainment risks and proposed mitigation plans for such risks ‘‘ 6 engineering and design considerations that support cost-effective sustainment of the covered system ‘‘ 7 a technical data and intellectual property management plan for product support and ‘‘ 8 major maintenance and overhaul requirements that will be required during the life cycle of the covered system ’’ 6 in subsection c 2 as so redesignated— A by amending subparagraph A to read as follows ‘‘ A develop update and implement a life cycle sustainment plan described in subsection b ’’ B in subparagraph B by striking ‘‘use’’ and inserting ‘‘ensure the life cycle sustainment plan is informed by’’ and C in subparagraph C by inserting ‘‘and life cycle sustainment plan’’ after ‘‘product support strategy’’ ’’ and 7 in subsection d as so redesignated— A by amending paragraph 5 to read as follows ‘‘ 5 COVERED SYSTEM —The term ‘covered system’ means— ‘‘ A a major defense acquisition program as defined in section 2430 of this title or ‘‘ B an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 804 of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114– 92 10 U S C 2302 note that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 2430 a 1 B ’’ and B by adding at the end the following new paragraphs H R 6395—345 ‘‘ 6 MILESTONE B APPROVAL —The term ‘Milestone B approval’ has the meaning given that term in section 2366 e 7 of this title ‘‘ 7 MILESTONE DECISION AUTHORITY —The term ‘milestone decision authority’ has the meaning given in section 2431a e 5 of this title ’’ b ADDITIONAL REQUIREMENTS BEFORE MILESTONE B APPROVAL —Section 2366b of title 10 United States Code is amended— 1 in subsection a 3 — A in subparagraph N by striking ‘‘and’’ at the end B in subparagraph O by striking the period at the end and inserting ‘‘ and’’ and C by adding at the end the following new subparagraph ‘‘ P has approved the life cycle sustainment plan required under section 2337 b of this title ’’ and 2 in subsection c 1 — A by redesignating subparagraph H as subparagraph I and B by inserting after subparagraph G the following new subparagraph ‘‘ H A summary of the life cycle sustainment plan required under section 2337 of this title ’’ c RECURRING SUSTAINMENT REVIEWS —Section 2441 of title 10 United States Code is amended— 1 in subsection a — A in the first sentence— i by striking ‘‘major weapon system’’ and inserting ‘‘covered system’’ ii by striking ‘‘and throughout the life cycle of the weapon system’’ and inserting ‘‘ and every five years thereafter throughout the life cycle of the covered system ’’ and iii by striking ‘‘costs of the weapon system’’ and inserting ‘‘costs of the covered system’’ and B by striking the second sentence 2 in subsection b — A in the matter preceding paragraph 1 by inserting ‘‘assess execution of the life cycle sustainment plan of the covered system and’’ before ‘‘include the following elements ’’ and B by adding at the end the following new paragraph ‘‘ 10 As applicable information regarding any decision to restructure the life cycle sustainment plan for a covered system or any other action that will lead to critical operating and support cost growth ’’ and 3 by adding at the end the following new subsections ‘‘ d SUBMISSION TO CONGRESS — 1 Not later than September 30 of each fiscal year the Secretary of each military department shall annually submit to the congressional defense committees the sustainment reviews required by this section for such fiscal year ‘‘ 2 Each submission under paragraph 1 shall be submitted in unclassified form but may include a classified annex ‘‘ 3 For a covered system with critical operating and support cost growth such submission shall include a remediation plan to H R 6395—346 reduce operating and support costs or a certification by the Secretary concerned that such critical operating and support cost growth is necessary to meet national security requirements ‘‘ e DEFINITIONS —In this section ‘‘ 1 COVERED SYSTEM —The term ‘covered system’ shall have the meaning given in section 2337 of this title ‘‘ 2 CRITICAL OPERATING AND SUPPORT COST GROWTH — The term ‘critical operating and support cost growth’ means operating and support cost growth— ‘‘ A of at least 25 percent more than the estimate documented in the most recent independent cost estimate for the covered system or ‘‘ B of at least 50 percent more than the estimate documented in the original Baseline Estimate as defined in section 2435 d of this title for the covered system ’’ d COMPTROLLER GENERAL REVIEW — 1 IN GENERAL —The Comptroller General of the United States shall— A annually select 10 covered systems for which a sustainment review has been submitted under section 2441 d of title 10 United States Code and B submit to the congressional defense committees an assessment of the steps taken by Secretaries concerned to quantify and address critical operating and support cost growth with respect to such covered systems 2 CONTENTS —Each assessment described in paragraph 1 shall include— A an evaluation of— i the causes of critical operating and support cost growth for each such covered system ii the extent to which the Secretary concerned has mitigated critical operating and support cost growth of such covered system and iii any other issues related to potential critical operating and support cost growth the Comptroller General determines appropriate and B any recommendations including steps the Secretaries concerned could take to reduce critical operating and support cost growth for covered systems and lessons learned to be incorporated in covered system acquisitions 3 TERMINATION —The requirement under this subsection shall terminate on September 30 2025 4 DEFINITIONS —In this subsection the terms ‘‘covered system’’ and ‘‘critical operating and support cost growth’’ have the meanings given respectively in section 2441 of title 10 United States Code e REPORT ON SUSTAINMENT PLANNING PROCESSES FOR NONMAJOR DEFENSE ACQUISITION PROGRAM ACTIVITIES —Not later than December 31 2021 the Secretary of Defense shall submit to the congressional defense committees a report on the process for ensuring that timely and robust sustainment planning processes are in place for all acquisition activities The report shall include a discussion of— 1 sustainment planning processes for each— A acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 804 of the National Defense H R 6395—347 Authorization Act for Fiscal Year 2016 Public Law 114– 92 10 U S C 2302 note B information technology and software program C services contract including each services contract for information technologies and systems and D acquisition activity other than major defense acquisition programs as defined in section 2430 of title 10 United States Code as determined by the Secretary of Defense 2 methods to identify responsible individuals for sustainment planning 3 required elements of sustainment planning 4 timing of sustainment planning activities in the acquisition process 5 measures and metrics to assess compliance with sustainment plans and 6 actions to continuously monitor create incentives for and ensure compliance with sustainment plans SEC 803 DISCLOSURES FOR OFFERORS FOR CERTAIN SHIPBUILDING MAJOR DEFENSE ACQUISITION PROGRAM CONTRACTS a IN GENERAL —Chapter 137 of title 10 United States Code is amended by adding at the end the following new section ‘‘§ 2339c Disclosures for offerors for certain shipbuilding major defense acquisition program contracts ‘‘ a IN GENERAL —Any covered offeror seeking to be awarded a shipbuilding construction contract as part of a major defense acquisition program with funds from the Shipbuilding and Conversion Navy account shall disclose along with the offer and any subsequent revisions of the offer including the final proposal revision offer if any part of the planned contract performance will or is expected to include foreign government subsidized performance foreign financing foreign financial guarantees or foreign tax concessions ‘‘ b REQUIREMENTS —A disclosure required under subsection a shall be made in a form prescribed by the Secretary of the Navy and shall include a specific description of the extent to which the planned contract performance will include with or without contingencies any foreign government subsidized performance foreign financing foreign financial guarantees or foreign tax concessions ‘‘ c CONGRESSIONAL NOTIFICATION —Not later than 5 days after awarding a contract described under subsection a the Secretary of the Navy shall notify the congressional defense committees and summarize the disclosure provided under such subsection ‘‘ d DEFINITIONS —In this section ‘‘ 1 COVERED OFFEROR —The term ‘covered offeror’ means any offeror that requires or may reasonably be expected to require during the period of performance on a shipbuilding construction contract described in subsection a a method to mitigate or negate foreign ownership under section 2004 34 f 6 of title 32 Code of Federal Regulations ‘‘ 2 FOREIGN GOVERNMENT SUBSIDIZED PERFORMANCE —The term ‘foreign government subsidized performance’ means any financial support materiel services or guarantees of support H R 6395—348 services supply performance or intellectual property concessions that may be provided to or for the covered offeror or the customer of the offeror by a foreign government or entity effectively owned or controlled by a foreign government which may have the effect of supplementing supplying servicing or reducing the cost or price of an end item or supporting financing in whole or in part or guaranteeing contract performance by the offeror ‘‘ 3 MAJOR DEFENSE ACQUISITION PROGRAM —The term ‘major defense acquisition program’ has the meaning given the term in section 2430 of this title ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of chapter 137 of title 10 United States Code is amended by inserting after the item relating to section 2339b the following new item ‘‘2339c Disclosures for offerors for certain shipbuilding major defense acquisition program contracts ’’ SEC 804 IMPLEMENTATION APPROACHES OF MODULAR OPEN SYSTEMS a REQUIREMENTS FOR INTERFACE DELIVERY — 1 IN GENERAL —Not later than one year after the date of the enactment of this Act the Under Secretary of Defense for Acquisition and Sustainment in coordination with the Joint All-Domain Command and Control cross-functional team and the Director for Command Control Communications and Computers Cyber shall issue regulations and guidance applicable to the military departments Defense Agencies Department of Defense Field Activities as such terms are defined respectively in section 101 of title 10 United States Code and combatant commands as appropriate to— A facilitate the Department of Defense’s access to and utilization of modular system interfaces B fully realize the intent of chapter 144B of title 10 United States Code by facilitating the implementation of modular open system approaches across major defense acquisition programs as defined in section 2430 of title 10 United States Code and other relevant acquisition programs including in the acquisition and sustainment of weapon systems platforms and components for which no common interface standard has been established to enable communication between such weapon systems platforms and components and C advance the efforts of the Department to generate diverse and recomposable kill chains 2 ELEMENTS —The regulations and guidance required under paragraph 1 shall include requirements that— A the program officer for each weapon system characterizes in the acquisition strategy required under section 2431a of title 10 United States Code or in other documentation the desired modularity of the weapon system for which the program officer is responsible including— i identification of— I the modular systems that comprise the weapon system H R 6395—349 II the information that should be communicated between individual modular systems such as tracking and targeting data or command and control instructions and III the desired function of the communication between modular systems such as fire control functions and ii a default configuration specifying which modular systems should communicate with other modular systems including modular systems of other weapon systems B each relevant Department of Defense contract entered into after the date on which the regulations and guidance required under paragraph 1 are implemented includes requirements for the delivery of modular system interfaces for modular systems deemed relevant in the acquisition strategy or documentation referred to in subparagraph A including— i software-defined interface syntax and properties specifically governing how values are validly passed and received between major subsystems and components in machine-readable format ii a machine-readable definition of the relationship between the delivered interface and existing common standards or interfaces available in the interface repositories established pursuant to subsection c and iii documentation with functional descriptions of software-defined interfaces conveying semantic meaning of interface elements such as the function of a given interface field C the relevant program offices including those responsible for maintaining and upgrading legacy systems— i that have not characterized the desired modularity of the systems nevertheless meet the requirements of paragraph 2 A if the program officers make an effort to the extent practicable to update the acquisition strategies required under section 2431a of title 10 United States Code or to develop or update other relevant documentation and ii that have awarded contracts that do not include the requirements specified in subparagraph B of paragraph 2 nevertheless acquire to the extent practicable the items specified in clauses i through iii of such subparagraph either through contractual updates separate negotiations or contracts or program management mechanisms and D the relevant program officers deliver modular system interfaces and the associated documentation to at least one of the repositories established pursuant to subsection c 3 APPLICABILITY OF REGULATIONS AND GUIDANCE — A APPLICABILITY —The regulations and guidance required under paragraph 1 shall apply to any program office responsible for the prototyping acquisition or sustainment of a new or existing weapon system H R 6395—350 B EXTENSION OF SCOPE —Not earlier than 1 year before and not later than 2 years after the regulations and guidance required under paragraph 1 are issued for weapon systems the Under Secretary of Defense for Acquisition and Sustainment may extend such regulations and guidance to apply to software-based non-weapon systems including business systems and cybersecurity systems 4 INCLUSION OF COMPONENTS —For the purposes of paragraph 2 A each component that meets the following requirements shall be treated as a modular system A A component that is able to execute without requiring coincident execution of other weapon systems or components and can communicate across component boundaries and through interfaces B A component that can be separated from and recombined with other weapon systems or components to achieve various effects missions or capabilities C A component that is covered by a unique contract line item 5 MACHINE-READABLE DEFINITION —Where appropriate and available the requirement in paragraph 2 B ii for a machine-readable definition may be satisfied by using a covered technology b EXTENSION OF MODULAR OPEN SYSTEMS APPROACH AND RIGHTS IN INTERFACE SOFTWARE — 1 REQUIREMENT FOR MODULAR OPEN SYSTEM APPROACH — Section 2446a of title 10 United States Code is amended— A in subsection a by adding at the end the following ‘‘Other defense acquisition programs shall also be designed and developed to the maximum extent practicable with a modular open system approach to enable incremental development and enhance competition innovation and interoperability ’’ B in subsection b — i in paragraph 1 — I in subparagraph A by striking ‘‘major system interfaces’’ and all that follows and inserting ‘‘modular system interfaces between major systems major system components and modular systems ’’ II in subparagraph B by striking ‘‘major system interfaces’’ and all that follows and inserting the following ‘‘that relevant modular system interfaces— ‘‘ i comply with if available and suitable widely supported and consensus-based standards or ‘‘ ii are delivered pursuant to the requirements established in subsection a 2 B of section 804 of the William M Mac Thornberry National Defense Authorization Act for Fiscal Year 2021 including the delivery of— ‘‘ I software-defined interface syntax and properties specifically governing how values are validly passed and received between major subsystems and components in machine-readable format H R 6395—351 ‘‘ II a machine-readable definition of the relationship between the delivered interface and existing common standards or interfaces available in Department interface repositories and ‘‘ III documentation with functional descriptions of software-defined interfaces conveying semantic meaning of interface elements such as the function of a given interface field ’’ and III in subparagraph C by inserting ‘‘and modular systems’’ after ‘‘severable major system components’’ ii in paragraph 3 A by striking ‘‘well-defined major system interfaces’’ and inserting ‘‘modular system interfaces’’ iii by amending paragraph 4 to read as follows ‘‘ 4 The term ‘modular system interface’ means a shared boundary between major systems major system components or modular systems defined by various physical logical and functional characteristics such as electrical mechanical fluidic optical radio frequency data networking or software elements ’’ iv by redesignating paragraphs 5 through 8 as paragraphs 6 through 9 respectively and v by inserting after paragraph 4 the following new paragraph ‘‘ 5 The term ‘modular system’ refers to a weapon system or weapon system component that— ‘‘ A is able to execute without requiring coincident execution of other specific weapon systems or components ‘‘ B can communicate across component boundaries and through interfaces and ‘‘ C functions as a module that can be separated recombined and connected with other weapon systems or weapon system components in order to achieve various effects missions or capabilities ’’ 2 RIGHTS IN TECHNICAL DATA — A IN GENERAL —Section 2320 of title 10 United States Code is amended— i in subsection a 2 by amending subparagraph G to read as follows ‘‘ G MODULAR SYSTEM INTERFACES DEVELOPED EXCLUSIVELY AT PRIVATE EXPENSE OR WITH MIXED FUNDING —Notwithstanding subparagraphs B and E the United States shall have government purpose rights in technical data pertaining to a modular system interface developed exclusively at private expense or in part with Federal funds and in part at private expense and used in a modular open system approach pursuant to section 2446a of this title except in any case in which the Secretary of Defense determines that negotiation of different rights in such technical data would be in the best interest of the United States Such modular system interface shall be identified in the contract solicitation and the contract For technical data pertaining to a modular system interface developed exclusively at private expense for which the United States asserts government purpose rights the Secretary of Defense shall negotiate with the contractor the appropriate and reasonable compensation for such technical data ’’ and H R 6395—352 ii in subsection h by striking ‘‘ ‘major system interface’ ’’ and inserting ‘‘ ‘modular system interface’ ’’ B REGULATIONS —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall update the regulations required by section 2320 a 1 of title 10 United States Code to reflect the amendments made by this paragraph c INTERFACE REPOSITORIES — 1 ESTABLISHMENT —Not later than 90 days after the date of the enactment of this Act the Under Secretary of Defense for Acquisition and Sustainment shall— A direct the Secretaries concerned and the heads of other appropriate Department of Defense components to establish and maintain repositories for interfaces syntax and properties documentation and communication implementations delivered pursuant to the requirements established under subsection a 2 B B establish and maintain a comprehensive index of interfaces syntax and properties documentation and communication implementations delivered pursuant to the requirements established under subsection a 2 B and maintained in the repositories required under subparagraph A and C if practicable establish and maintain an alternate reference repository of interfaces syntax and properties documentation and communication implementations delivered pursuant to the requirements established under subsection a 2 B 2 DISTRIBUTION OF INTERFACES — A IN GENERAL —Consistent with the requirements of section 2320 of title 10 United States Code the Under Secretary of Defense for Acquisition and Sustainment shall in coordination with the Director of the Defense Standardization Program Office use the index and repositories established pursuant to paragraph 1 to provide access to interfaces and relevant documentation to authorized Federal Government and non-Governmental entities B NON-GOVERNMENT RECIPIENT USE LIMITS —A nonGovernmental entity that receives access under subparagraph A may not further release disclose or use such data except as authorized d SYSTEM OF SYSTEMS INTEGRATION TECHNOLOGY AND EXPERIMENTATION — 1 DEMONSTRATION AND ASSESSMENT — A IN GENERAL —Not later than one year after the date of the enactment of this Act the Director for Command Control Communications and Computers Cyber and the Chief Information Officer of the Department of Defense acting through the Joint All-Domain Command and Control cross-functional team shall conduct demonstrations and complete an assessment of the technologies developed under the System of Systems Integration Technology and Experimentation program of the Defense Advanced Research Projects Agency including a covered technology and the applicability of any such technologies to the Joint All-Domain Command and Control architecture H R 6395—353 B COVERAGE —The demonstrations and assessment required under subparagraph A shall include— i at least three demonstrations of the use of a covered technology to create under constrained schedules and budgets novel kill chains involving previously incompatible weapon systems sensors and command control and communication systems from multiple military services in cooperation with United States Indo-Pacific Command or United States European Command ii an evaluation as to whether the communications enabled via a covered technology are sufficient for military missions and whether such technology results in any substantial performance loss in communication between systems major subsystems and major components iii an evaluation as to whether a covered technology obviates the need to develop impose and maintain strict adherence to common communication and interface standards for weapon systems iv the appropriate roles and responsibilities of the Chief Information Officer of the Department of Defense the Under Secretary of Defense for Acquisition and Sustainment the heads of the combatant commands the Secretaries concerned the Defense Advanced Research Projects Agency and the defense industrial base in using and maintaining a covered technology to generate diverse and recomposable kill chains as part of the Joint All-Domain Command and Control architecture v for at least one of the demonstrations conducted under clause i demonstration of the use of technology developed under the High-Assurance Cyber Military Systems program of the Defense Advanced Research Projects Agency to secure legacy weapon systems and command and control capabilities while facilitating interoperability vi an evaluation of how the technology referred to in clause v and covered technology should be used to improve cybersecurity and interoperability across critical weapon systems and command and control capabilities across the joint forces and vii coordination with the program manager for the Time Sensitive Targeting Defeat program under the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Intelligence and Security 2 CHIEF INFORMATION OFFICER ASSESSMENT — A IN GENERAL —The Chief Information Officer for the Department of Defense in coordination with the Principal Cyber Advisor to the Secretary of Defense and the Director of the Cybersecurity Directorate of the National Security Agency shall assess the technologies developed under the System of Systems Integration Technology and Experimentation program of the Defense Advanced Research Projects Agency including the covered technology H R 6395—354 and applicability of such technology to the business systems and cybersecurity tools of the Department B COVERAGE —The assessment required under subparagraph A shall include— i an evaluation as to how the technologies referred to in such subparagraph could be used in conjunction with or instead of existing cybersecurity standards frameworks and technologies designed to enable communication between and coordination of cybersecurity tools ii as appropriate demonstrations by the Chief Information Office of the use of such technologies in enabling communication between and coordination of previously incompatible cybersecurity tools and iii as appropriate demonstrations of the use of such technologies in enabling communication between previously incompatible business systems 3 SUSTAINMENT OF CERTAIN ENGINEERING RESOURCES AND CAPABILITIES —During the period the demonstrations and assessments required under this subsection are conducted and thereafter to the extent required to execute the activities directed by the Joint All-Domain Command and Control crossfunctional team the Joint All-Domain Command and Control cross-functional team shall sustain the System of Systems Technology Integration Tool Chain for Heterogeneous Electronic Systems engineering resources and capabilities developed by the Defense Advanced Research Projects Agency 4 TRANSFER OF RESPONSIBILITY —Not earlier than 1 year before and not later than 2 years after the date of the enactment of this Act the Secretary of Defense may transfer responsibility for maintaining the engineering resources and capabilities described in paragraph 3 to a different organization within the Department e OPEN STANDARDS —Nothing in this section shall be construed as requiring preventing or interfering with the use or application of any given communication standard or interface The communication described in subsection a 2 A may be accomplished by using existing open standards by the creation and use of new open standards or through other approaches provided that such standards meet the requirements of subsection a 2 B f DEFINITIONS —In this section 1 The term ‘‘covered technology’’ means the domain-specific programming language for interface field transformations and its associated compilation toolchain commonly known as the ‘‘System of Systems Technology Integration ToolChain for Heterogeneous Electronic Systems’’ developed under the Defense Advanced Research Projects Agency System of Systems Integration Technology and Experimentation program or any other technology that is functionally equivalent 2 The term ‘‘desired modularity’’ means the desired degree to which weapon systems components within a weapon system and components across weapon systems can function as modules that can communicate across component boundaries and through interfaces and can be separated and recombined to achieve various effects missions or capabilities as determined by the program officer for such weapon system H R 6395—355 3 The term ‘‘machine-readable format’’ means a format that can be easily processed by a computer without human intervention 4 The terms ‘‘major system’’ ‘‘major system component’’ ‘‘modular open system approach’’ ‘‘modular system’’ ‘‘modular system interface’’ and ‘‘weapon system’’ have the meanings given such terms respectively in section 2446a of title 10 United States Code SEC 805 CONGRESSIONAL NOTIFICATION OF TERMINATION OF A MIDDLE TIER ACQUISITION PROGRAM Section 804 of the National Defense Authorization Act for Fiscal Year 2016 10 U S C 2302 note is amended by adding at the end the following new subsection ‘‘ e REPORT —Not later than 30 days after the date of termination of an acquisition program commenced using the authority under this section the Secretary of Defense shall submit to Congress a notification of such termination Such notice shall include— ‘‘ 1 the initial amount of a contract awarded under such acquisition program ‘‘ 2 the aggregate amount of funds awarded under such contract and ‘‘ 3 written documentation of the reason for termination of such acquisition program ’’ SEC 806 DEFINITION OF MATERIAL WEAKNESS FOR CONTRACTOR BUSINESS SYSTEMS Section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 Public Law 111–383 10 U S C 2302 note is amended— 1 by striking ‘‘significant deficiencies’’ both places it appears and inserting ‘‘material weaknesses’’ 2 by striking ‘‘significant deficiency’’ each place it appears and inserting ‘‘material weakness’’ and 3 by amending subsection g 4 to read as follows ‘‘ 4 The term ‘material weakness’ means a deficiency or combination of deficiencies in the internal control over information in contractor business systems such that there is a reasonable possibility that a material misstatement of such information will not be prevented or detected and corrected on a timely basis For purposes of this paragraph a reasonable possibility exists when the likelihood of an event occurring— ‘‘ A is probable or ‘‘ B is more than remote but less than likely ’’ SEC 807 SPACE SYSTEM ACQUISITION AND THE ADAPTIVE ACQUISITION FRAMEWORK a SERVICE ACQUISITION EXECUTIVE FOR SPACE SYSTEMS AND PROGRAMS —Before implementing the application of the adaptive acquisition framework to a Space Systems Acquisition pathway described in subsection c there shall be within the Department of the Air Force an individual serving as the Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs as required under section 957 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1566 10 U S C 9016 note b MILESTONE DECISION AUTHORITY FOR UNITED STATES SPACE FORCE — H R 6395—356 1 PROGRAM EXECUTIVE OFFICER —The Service Acquisition Executive for Space Systems and Programs of the United States Space Force may further delegate authority to an appropriate program executive officer to serve as the milestone decision authority for major defense acquisition programs of the United States Space Force 2 PROGRAM MANAGER —The program executive officer assigned under paragraph 1 may further delegate authority over major systems to an appropriate program manager c ADAPTIVE ACQUISITION FRAMEWORK APPLICATION TO SPACE ACQUISITION — 1 IN GENERAL —The Secretary of Defense shall take such actions necessary to ensure the adaptive acquisition framework as described in Department of Defense Instruction 5000 02 ‘‘Operation of the Adaptive Acquisition Framework’’ includes one or more pathways specifically tailored for Space Systems Acquisition in order to achieve faster acquisition improve synchronization and more rapid fielding of critical end-to-end capabilities including by using new commercial capabilities and services while maintaining accountability for effective programs that are delivered on time and on budget 2 GOAL —The goal of the application of the adaptive acquisition framework to a Space Systems Acquisition pathway shall be to quickly and effectively acquire end-to-end space warfighting capabilities needed to address the requirements of the national defense strategy as defined under section 113 g of title 10 United States Code d REPORT — 1 IN GENERAL —Not later than May 15 2021 the Secretary of Defense shall submit to the congressional defense committees a report on the application of the adaptive acquisition framework to any Space Systems Acquisition pathway established under subsection a that includes the following A Proposed United States Space Force budget line items for fiscal year 2022 including— i a comparison with budget line items for any major defense acquisition programs middle tier acquisition programs covered software programs and major systems of the United States Space Force for three previous fiscal years ii existing and recommended measures to ensure sufficient transparency and accountability related to the performance of the Space Systems Acquisition pathway and iii proposed mechanisms to enable insight into the funding prioritization process and significant funding changes including the independent cost estimate basis and full funding considerations for any major defense acquisition programs middle tier acquisition programs covered software programs and major systems procured by the United States Space Force B Proposed revised flexible and streamlined options for joint requirements validation in order to be more responsive and innovative while ensuring the ability of H R 6395—357 the Joint Chiefs of Staff to ensure top-level system requirements are properly prioritized to address joint-warfighting needs C A list of acquisition programs of the United States Space Force for which multiyear contracting authority under sections 2306b or 2306c of title 10 United States Code is recommended D A list of space systems acquisition programs for which alternative acquisition pathways may be used E Policies or procedures for potential new pathways in the application of the adaptive acquisition framework to a Space Systems Acquisition with specific acquisition key decision points and reporting requirements for development fielding and sustainment activities that meet the requirements of the adaptive acquisition framework F An analysis of the need for updated determination authority for procurement of useable end items that are not weapon systems G Policies and a governance structure for both the Office of the Secretary of Defense and each military department for a separate United States Space Force budget topline corporate process and portfolio management process H An analysis of the risks and benefits of the delegation of the authority of the head of contracting activity authority to the Chief of Space Operations in a manner that would not expand the operations of the United States Space Force 2 COMPTROLLER GENERAL REVIEW —Not later than 60 days after the submission of the report required under paragraph 1 the Comptroller General of the United States shall review such report and submit to the congressional defense committees an analysis and recommendations based on such report e DEFINITIONS —In this section 1 COVERED SOFTWARE PROGRAM —The term ‘‘covered software program’’ means an acquisition program or project that is carried out using the software acquisition pathway established under section 800 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1478 10 U S C 2223a note 2 MAJOR DEFENSE ACQUISITION PROGRAM —The term ‘‘major defense acquisition program’’ has the meaning given in section 2430 of title 10 United States Code 3 MAJOR SYSTEM —The term ‘‘major system’’ has the meaning given in section 2302 of title 10 United States Code 4 MIDDLE TIER ACQUISITION PROGRAM —The term ‘‘middle tier acquisition program’’ means an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 804 of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114–92 10 U S C 2302 note 5 MILESTONE DECISION AUTHORITY —The term ‘‘milestone decision authority’’ has the meaning given in section 2431a of title 10 United States Code 6 PROGRAM EXECUTIVE OFFICER PROGRAM MANAGER —The terms ‘‘program executive officer’’ and ‘‘program manager’’ have H R 6395—358 the meanings given those terms respectively in section 1737 of title 10 United States Code SEC 808 ACQUISITION AUTHORITY OF THE DIRECTOR OF THE JOINT ARTIFICIAL INTELLIGENCE CENTER a AUTHORITY —The Secretary of Defense shall delegate to the Director of the Joint Artificial Intelligence Center the acquisition authority to exercise the functions of a head of an agency as defined in section 2302 of title 10 United States Code with respect to appropriate acquisition activities of the Center b JAIC ACQUISITION EXECUTIVE — 1 IN GENERAL —The staff of the Director shall include an acquisition executive who shall be responsible for the supervision of appropriate acquisition activities under subsection a Subject to the authority direction and control of the Director of the Center the acquisition executive shall have the authority— A to negotiate memoranda of agreement with any element of the Department of Defense to carry out the acquisition of technologies services and capabilities developed or identified by the Center B to supervise the acquisition of technologies services and capabilities to support the mission of the Center C to represent the Center in discussions with the Secretaries concerned regarding acquisition programs relating to such appropriate acquisition activities for which the Center is involved and D to work with the Secretaries concerned to ensure that the Center is appropriately represented in any joint working group or integrated product team regarding acquisition programs relating to such appropriate activities for which the Center is involved 2 DELIVERY OF ACQUISITION SOLUTIONS —The acquisition executive of the Center shall be— A responsible to the Director for rapidly delivering capabilities to meet validated requirements B subordinate to the Under Secretary of Defense for Acquisition and Sustainment in matters of acquisition and C included on the distribution list for acquisition directives and instructions of the Department of Defense c ACQUISITION PERSONNEL — 1 IN GENERAL —The Secretary of Defense shall provide the Center with at least 10 full-time employees to support the Director in carrying out the requirements of this section including personnel with experience in— A acquisition practices and processes B the Joint Capabilities Integration and Development System process C program management D software development and systems engineering and E cost analysis 2 EXISTING PERSONNEL —The personnel provided under this subsection shall be provided from among the existing personnel of the Department of Defense H R 6395—359 d FUNDING —In exercising the acquisition authority granted in subsection a the Director may not obligate or expend more than $75 000 000 out of the funds made available in each of fiscal years 2021 2022 2023 2024 and 2025 to enter into new contracts to support appropriate acquisition activities carried out under this section e IMPLEMENTATION PLAN AND DEMONSTRATION REQUIRED — 1 IN GENERAL —The Secretary of Defense— A may use the acquisition authority granted under subsection a on or after 30 days after the date on which the Secretary provides to the congressional defense committees a plan for implementation of such authority and B by March 15 2022 shall provide a demonstration of operational capability delivered under such authority 2 IMPLEMENTATION PLAN —The plan shall include the following A Description of the types of activities to be undertaken using the acquisition authority provided under subsection a B Plan for the negotiation and approval of any such memorandum of agreement with an element of the Department of Defense to support Center missions and transition of artificial intelligence capabilities into appropriate acquisition programs or into operational use C Plan for oversight of the position of acquisition executive established in subsection b D Assessment of the acquisition workforce tools and infrastructure needs of the Center to support the authority under subsection a until September 30 2025 E Other matters as appropriate 3 DEMONSTRATION —The capability demonstration shall include a description of how the acquisition authority enabled the capability how requirements were established and agreed upon how testing was conducted and how the capability was transitioned to the user as well as any other matters deemed appropriate by the Center 4 RELATIONSHIP TO OTHER AUTHORITIES —The requirement to submit a plan under this subsection is in addition to the requirements under section 260 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1293 f SUNSET —Effective October 1 2025 the Director may not exercise the authority under subsection a and may not enter into any new contracts under this section The performance on any contract entered into before such date may continue according to the terms of such contract g DEFINITIONS —In this section 1 CENTER —The term ‘‘Center’’ has the meaning given the term ‘‘Joint Artificial Intelligence Center’’ in section 260 c of National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1294 3 DIRECTOR —The term ‘‘Director’’ means the Director of the Center 4 ELEMENT —The term ‘‘element’’ means an element described under section 111 b of title 10 United States Code H R 6395—360 5 SECRETARY CONCERNED —The term ‘‘Secretary concerned’’ has the meaning given in section 101 9 of title 10 United States Code SEC 809 ASSESSMENTS OF THE PROCESS FOR DEVELOPING CAPABILITY REQUIREMENTS FOR DEPARTMENT OF DEFENSE ACQUISITION PROGRAMS a IN GENERAL —The Secretary of Defense and the individual appointed under section 2361a c of title 10 United States Code in this section referred to as the ‘‘Director’’ shall each— 1 conduct an assessment of the processes for developing and approving capability requirements for the acquisition programs of the Department of Defense and each military department and 2 develop recommendations for reforming such process to improve the agility and timeliness of such process b ASSESSMENT ELEMENTS —Each assessment conducted under subsection a shall include the following 1 An assessment of the— A adherence of the capability requirements development and approval processes to statute regulations policies and directives B alignment and standardization of the capability requirements development acquisition and budget processes C technical feasibility of each approved capability requirement D training and development of the workforce in capability requirements development and evaluation E ability of the process for developing capability requirements to address the urgent needs of the Department of Defense F capacity to review changes in capability requirements for programs of record G validation of decisions made to approve capability requirements and the alignment of each such decision to the national defense strategy required under section 113 g of title 10 United States Code H extent to which portfolio management techniques are used in the process for developing capability requirements to coordinate decisions and avoid duplication of capabilities across acquisition programs and I implementation by each military department of Comptroller General of the United States recommendations pertaining to the process for developing and approving capability requirements 2 A comprehensive analysis of the circumstances and factors contributing to the length of time between the start of a Capabilities-Based Assessment and the date the Joint Requirements Oversight Council approves the related Capability Development Document 3 Identification and comparison of best practices in the private sector and the public sector for the development and approval of capability requirements 4 Any additional matters that the Secretary or Director determine appropriate c REPORTS — H R 6395—361 1 ASSESSMENT BY SECRETARY —Not later than October 1 2021 the Secretary of Defense shall submit to the congressional defense committees a report on the assessment conducted by the Secretary under subsection a including— A a description of such assessment B the results of such assessment including the analysis described in subsection b 2 C a plan to reduce when appropriate the length of time between the start of a Capabilities-Based Assessment and the date the Joint Requirements Oversight Council approves the related Capability Development Document and D any additional recommendations for legislation regulations or policies that the Secretary determines appropriate 2 ASSESSMENT BY DIRECTOR — A REPORT TO SECRETARY —Not later than November 30 2021 the Director shall submit to the Secretary of Defense a report on the assessment conducted by the Director pursuant to subsection a B REPORT TO CONGRESS —Not later than January 1 2022 the Secretary of Defense shall submit to the congressional defense committees the report described in subparagraph A together with such comments as the Secretary determines appropriate including— i a description and the results of the assessment conducted pursuant to subsection a 2 ii recommendations on how the Department of Defense can improve the efficiency of developing and approving capability requirements and iii any additional recommendations for legislation regulations or policies that the Secretary determines appropriate Subtitle B—Amendments to General Contracting Authorities Procedures and Limitations SEC 811 SUSTAINMENT REFORM FOR THE DEPARTMENT OF DEFENSE a SUSTAINMENT ACTIVITIES IN THE NATIONAL DEFENSE STRATEGY — 1 IN GENERAL —Section 113 g 1 B of title 10 United States Code as amended by section 551 of this Act is further amended by adding at the end the following new clauses ‘‘ viii A strategic framework prescribed by the Secretary that guides how the Department will prioritize and integrate activities relating to sustainment of major defense acquisition programs core logistics capabilities as described under section 2464 of this title commercial logistics capabilities and the national technology and industrial base as defined in section 2500 of this title ‘‘ ix A strategic framework prescribed by the Secretary that guides how the Department will specifically address contested logistics including major investments for related infrastructure logistics-related authorities force posture related H R 6395—362 emergent technology and advanced computing capabilities operational resilience and operational energy over the following five-year period to support such strategy ’’ 2 DUTIES OF THE UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND SUSTAINMENT —Section 133b b of title 10 United States Code is amended— A in paragraph 7 by striking ‘‘and’’ at the end B in paragraph 8 by striking the period at the end and inserting ‘‘ and’’ and C by adding at the end the following new paragraph ‘‘ 9 advising the Secretary on all aspects of acquisition and sustainment relating to— ‘‘ A defense acquisition programs ‘‘ B core logistics capabilities as described under section 2464 of this title and ‘‘ C the national technology and industrial base as defined in section 2500 of this title ’’ 3 INTERIM GUIDANCE —Not later than October 1 2021 the Secretary of Defense shall publish interim guidance to carry out the requirements of this subsection b REPORT —Not later than February 1 2021 the Secretary of Defense shall submit to the congressional defense committees a report on the progress towards publishing the interim guidance required under subsection a 3 SEC 812 INCLUSION OF SOFTWARE IN GOVERNMENT PERFORMANCE OF ACQUISITION FUNCTIONS Section 1706 of title 10 United States Code is amended— 1 in subsection a — A in the matter preceding paragraph 1 by striking ‘‘and each major automated information system program’’ and inserting ‘‘ as defined in section 2430 of this title each acquisition program that is estimated by the Secretary of Defense to require an eventual total expenditure greater than the amount described in section 2430 a 1 B of this title and any other acquisition program identified by the Secretary’’ and B by adding at the end the following new paragraph ‘‘ 14 Program lead software ’’ and 2 by striking subsection c SEC 813 MODIFICATIONS TO COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION PROGRAMS AND RELATED INITIATIVES Section 2229b b 2 of title 10 United States Code is amended by striking ‘‘a summary of’’ and all that follows through ‘‘discussion of the’’ and inserting ‘‘a discussion of selected organizational policy and legislative changes as determined appropriate by the Comptroller General and the potential’’ SEC 814 COST OR PRICING DATA REPORTING REQUIREMENTS FOR DEPARTMENT OF DEFENSE CONTRACTS a COST OR PRICING DATA — 1 IN GENERAL —Section 2306a a 1 of title 10 United States Code is amended— A in subparagraph B by striking ‘‘contract if’’ and all that follows through the period at the end and inserting ‘‘contract if the price adjustment is expected to exceed $2 000 000 ’’ H R 6395—363 B in subparagraph C by striking ‘‘section and’’ and all that follows through the period at the end and inserting ‘‘section and the price of the subcontract is expected to exceed $2 000 000 ’’ and C in subparagraph D by striking ‘‘subcontract if’’ and all that follows through the period at the end and inserting ‘‘subcontract if the price adjustment is expected to exceed $2 000 000 ’’ 2 APPLICABILITY —The amendments made by this subsection shall apply to any contract or modification or change to a contract entered into on or after the date of the enactment of this Act b REPORT — 1 IN GENERAL —Not later than July 1 2022 the Secretary of Defense in consultation with the Secretaries of the military departments shall provide to the congressional defense committees a report analyzing the impact including any benefits to the Federal Government of the amendments made by this section 2 ELEMENTS —The report required under paragraph 1 shall include the following elements A Data to illustrate any efficiencies achieved costs avoided and acquisition timelines improved B Analysis of associated costs to the Federal Government if any C Analysis of underlying causes or factors that limited the benefits described in subparagraph A D Other matters the Secretary deems appropriate 3 FORM —The report required under paragraph 1 shall be in an unclassified form but may contain a classified annex SEC 815 PROMPT PAYMENT OF CONTRACTORS Section 2307 a 2 of title 10 United States Code is amended— 1 in subparagraph A by striking ‘‘if a specific payment date is not established by contract’’ and 2 in subparagraph B by striking ‘‘if—’’ and all that follows through ‘‘the prime contractor agrees’’ and inserting ‘‘if the prime contractor agrees or proposes’’ SEC 816 DOCUMENTATION PERTAINING TO COMMERCIAL ITEM DETERMINATIONS Section 2380 of title 10 United States Code is amended— 1 by redesignating subsection b as subsection c and 2 by inserting after subsection a the following new subsection ‘‘ b DETERMINATIONS REGARDING THE COMMERCIAL NATURE OF PRODUCTS OR SERVICES — ‘‘ 1 IN GENERAL —In making a determination whether a particular product or service offered by a contractor meets the definition of a commercial product or commercial service a contracting officer of the Department of Defense may— ‘‘ A request support from the Director of the Defense Contract Management Agency the Director of the Defense Contract Audit Agency or other appropriate experts in the Department to make a determination whether a product or service is a commercial product or commercial service and H R 6395—364 ‘‘ B consider the views of appropriate public and private sector entities ‘‘ 2 MEMORANDUM —Within 30 days after a contract award the contracting officer shall consistent with the policies and regulations of the Department submit a written memorandum summarizing the determination referred to in paragraph 1 including a detailed justification for such determination ’’ SEC 817 MODIFICATION TO SMALL PURCHASE THRESHOLD EXCEPTION TO SOURCING REQUIREMENTS FOR CERTAIN ARTICLES Subsection h of section 2533a of title 10 United States Code is amended to read as follows ‘‘ h EXCEPTION FOR SMALL PURCHASES — 1 Subsection a does not apply to purchases for amounts not greater than $150 000 A proposed procurement of an item in an amount greater than $150 000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception ‘‘ 2 On October 1 of each year that is evenly divisible by five the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register ’’ SEC 818 REPEAL OF PROGRAM FOR QUALIFIED APPRENTICES FOR MILITARY CONSTRUCTION CONTRACTS a IN GENERAL —Section 2870 of title 10 United States Code is repealed b CONFORMING AMENDMENTS — 1 CLERICAL AMENDMENT —The table of sections at the beginning of subchapter III of chapter 169 of title 10 United States Code is amended by striking the item relating to section 2870 2 REPEAL —Section 865 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1523 is repealed SEC 819 MODIFICATIONS TO MITIGATING RISKS RELATED TO FOREIGN OWNERSHIP CONTROL OR INFLUENCE OF DEPARTMENT OF DEFENSE CONTRACTORS AND SUBCONTRACTORS a ASSESSMENT OF FOCI —Subparagraph A of section 847 b 2 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1505 10 U S C 2509 note is amended by adding at the end the following new clause ‘‘ v A requirement for the Secretary to require reports and conduct examinations on a periodic basis of covered contractors or subcontractors in order to assess compliance with the requirements of this section ’’ b CONTRACT REQUIREMENTS ADMINISTRATION AND OVERSIGHT RELATING TO FOCI —Subparagraph C of such section is amended— 1 by redesignating clause iv as clause v and 2 by inserting after clause iii the following new clause ‘‘ iv Procedures for appropriately responding to changes in covered contractor or subcontractor beneficial ownership status based on changes in disclosures of their beneficial ownership and whether they are H R 6395—365 under FOCI and the reports and examinations required by subparagraph A v ’’ c TIMELINES AND MILESTONES FOR IMPLEMENTATION — 1 IMPLEMENTATION PLAN —Not later than March 1 2021 the Secretary of Defense shall provide to the congressional defense committees a plan and schedule for implementation of the requirements of section 847 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1505 10 U S C 2509 note as amended by this section including— A a timeline for issuance of regulations development of training for appropriate officials and development of systems for reporting of beneficial ownership and FOCI by covered contractors or subcontractors B the designation of officials and organizations responsible for such implementation and C interim milestones to be met in implementing the plan and schedule 2 REVISION OF REGULATIONS DIRECTIVES GUIDANCE TRAINING AND POLICIES —Not later than July 1 2021 the Secretary of Defense shall revise relevant directives guidance training and policies including revising the Department of Defense Supplement to the Federal Acquisition Regulation to fully implement the requirements of such section 847 3 DEFINITIONS —In this subsection the term ‘‘beneficial ownership’’ ‘‘FOCI’’ and ‘‘covered contractors or subcontractors’’ have the meanings given respectively in section 847 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1505 10 U S C 2509 note d TECHNICAL AMENDMENTS —Section 847 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116– 92 133 Stat 1505 10 U S C 2509 note as amended by this section is further amended— 1 in subsection b — A in paragraph 1 by striking ‘‘contractors and subcontractors’’ and inserting ‘‘covered contractors or subcontractors’’ and B in paragraph 2 — i by striking ‘‘covered contractors and subcontractors’’ each place it appears and inserting ‘‘covered contractors or subcontractors’’ ii in subparagraph B iii by striking ‘‘a contractor or subcontractor’’ and inserting ‘‘such a covered contractor or subcontractor’’ and iii in subparagraph C ii by striking ‘‘section 831 c ’’ and inserting ‘‘section 2509 c of title 10 United States Code’’ and 2 in subsection c by striking ‘‘subsection b 2 A and b 2 C ’’ and inserting ‘‘subsections b 2 A and b 2 C ’’ SEC 820 CONTRACT CLOSEOUT AUTHORITY FOR SERVICES CONTRACTS Section 836 b of the National Defense Authorization Act for Fiscal Year 2017 10 U S C 2302 note is amended— 1 by amending paragraph 1 to read as follows ‘‘ 1 was entered into— H R 6395—366 ‘‘ A with respect to a contract or group of contracts not described in subparagraph B at least 7 fiscal years before the current fiscal year and ‘‘ B with respect to a contract or group of contracts for military construction as defined in section 2801 of title 10 United States Code or shipbuilding at least 10 fiscal years before the current fiscal year ’’ and 2 by amending paragraph 2 to read as follows ‘‘ 2 the performance or delivery has been completed at least 4 years before the current fiscal year and’’ SEC 821 REVISION OF PROOF REQUIRED WHEN USING AN EVALUATION FACTOR FOR EMPLOYING OR SUBCONTRACTING WITH MEMBERS OF THE SELECTED RESERVE Section 819 of the National Defense Authorization Act for Fiscal Year 2006 Public Law 109–163 119 Stat 3385 10 U S C 2305 note is amended— 1 by striking subsection b and 2 by redesignating subsection c as subsection b Subtitle C—Provisions Relating to Software and Technology SEC 831 CONTRACT AUTHORITY FOR DEVELOPMENT AND DEMONSTRATION OF INITIAL OR ADDITIONAL PROTOTYPE UNITS a IN GENERAL —Section 2302e of title 10 United States Code is amended— 1 in the heading by striking ‘‘advanced development’’ and inserting ‘‘development and demonstration’’ 2 in subsection a 1 by striking ‘‘provision of advanced component development prototype ’’ and inserting ‘‘development and demonstration’’ and 3 by adding at the end the following new subsection ‘‘ c PROCEDURES —The Secretary of Defense shall establish procedures to collect and analyze information on the use and benefits of the authority under this section and related impacts on performance affordability and capability delivery ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of chapter 137 of title 10 United States Code is amended by striking the item relating to section 2302e and inserting the following new item ‘‘2302e Contract authority for development and demonstration of initial or additional prototype units ’’ SEC 832 EXTENSION OF PILOT PROGRAM FOR STREAMLINED AWARDS FOR INNOVATIVE TECHNOLOGY PROGRAMS Section 873 f of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114–92 10 U S C 2306a note is amended by striking ‘‘October 1 2020’’ and inserting ‘‘October 1 2022’’ SEC 833 LISTING OF OTHER TRANSACTION AUTHORITY CONSORTIA Not later than 90 days after the date of the enactment of this Act the Secretary of Defense shall maintain on the single Government-wide point of entry described under section 1708 of H R 6395—367 title 41 United States Code a list of the consortia used by the Secretary to announce or otherwise make available opportunities to enter into a transaction under the authority of section 2371 of title 10 United States Code or a transaction for a prototype project under section 2371b of such title SEC 834 PILOT PROGRAM ON THE USE OF CONSUMPTION-BASED SOLUTIONS TO ADDRESS SOFTWARE-INTENSIVE WARFIGHTING CAPABILITY a IN GENERAL —Subject to the availability of appropriations the Secretary of Defense is authorized to establish a pilot program to explore the use of consumption-based solutions to address software-intensive warfighting capability b SELECTION OF INITIATIVES —Each Secretary of a military department and each commander of a combatant command with acquisition authority shall propose for selection by the Secretary of Defense for the pilot program at least one and not more than three initiatives that are well-suited to explore consumption-based solutions to include addressing software-intensive warfighting capability The initiatives may be new or existing programs of record and may include applications that— 1 rapidly analyze sensor data 2 secure warfighter networks including multilevel security 3 swiftly transport information across various networks and network modalities 4 enable joint all-domain operational concepts including in a contested environment or 5 advance military capabilities and effectiveness c REQUIREMENTS —A contract or other agreement for consumption-based solutions entered into under the pilot program shall require— 1 the effectiveness of the solution to be measurable at regular intervals customary for the type of solution provided under contract or other agreement and 2 that the awardee notify the Secretary of Defense when consumption under the contract or other agreement reaches 75 percent and 90 percent of the funded amount respectively of the contract or other agreement d EXEMPTION —A modification to a contract or other agreement entered into under this section to add new features or capabilities in an amount less than or equal to 25 percent of the total value of such contract or other agreement shall be exempt from the requirements of full and open competition as defined in section 2302 of title 10 United States Code e DURATION —The duration of a contract or other agreement entered into under this section may not exceed three years f MONITORING AND EVALUATION OF PILOT PROGRAM —The Director of Cost Assessment and Program Evaluation shall continuously monitor and evaluate the pilot program including by collecting data on cost schedule and performance from the program office the user community and the awardees involved in the program g REPORTS — 1 INITIAL REPORT —Not later than May 15 2021 the Secretary of Defense shall submit to the congressional defense committees a report on initiatives selected for the pilot program H R 6395—368 roles and responsibilities for implementing the program and the monitoring and evaluation approach that will be used for the program 2 PROGRESS REPORT —Not later than October 15 2021 the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the initiatives selected for the pilot program 3 FINAL REPORT —Not later than 3 years after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees a report on the cost schedule and performance outcomes of the initiatives carried out under the pilot program The report shall also include lessons learned about the use of consumption-based solutions for software-intensive capabilities and any recommendations for statutory or regulatory changes to facilitate the use of such solutions h CONSUMPTION-BASED SOLUTION DEFINED —In this section the term ‘‘consumption-based solution’’ means any combination of software hardware or equipment and labor or services that provides a seamless capability that is metered and billed based on actual usage and predetermined pricing per resource unit and includes the ability to rapidly scale capacity up or down SEC 835 BALANCING SECURITY AND INNOVATION IN SOFTWARE DEVELOPMENT AND ACQUISITION a REQUIREMENTS FOR SOLICITATIONS OF COMMERCIAL AND DEVELOPMENTAL SOLUTIONS —The Under Secretary of Defense for Acquisition and Sustainment in coordination with the Chief Information Officer of the Department of Defense shall develop requirements for appropriate software security criteria to be included in solicitations for commercial and developmental solutions and the evaluation of bids submitted in response to such solicitations including a delineation of what processes were or will be used for a secure software development life cycle Such requirements shall include— 1 establishment and enforcement of secure coding practices 2 management of supply chain risks and third-party software sources and component risks 3 security of the software development environment 4 secure deployment configuration and installation processes and 5 an associated vulnerability management plan and identification of tools that will be applied to achieve an appropriate level of security b SECURITY REVIEW OF CODE —The Under Secretary of Defense for Acquisition and Sustainment in coordination with the Chief Information Officer of the Department of Defense shall develop— 1 procedures for the security review of code and 2 other procedures necessary to fully implement the pilot program required under section 875 of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 10 U S C 2223 note c COORDINATION WITH CYBERSECURITY ACQUISITION POLICY EFFORTS —The Under Secretary of Defense for Acquisition and Sustainment shall develop the requirements and procedures H R 6395—369 described under subsections a and b in coordination with the efforts of the Department of Defense to develop new cybersecurity and program protection policies and guidance that are focused on cybersecurity in the context of acquisition and program management and on safeguarding information SEC 836 DIGITAL MODERNIZATION OF ANALYTICAL AND DECISIONSUPPORT PROCESSES FOR MANAGING AND OVERSEEING DEPARTMENT OF DEFENSE ACQUISITION PROGRAMS a DIGITAL DATA MANAGEMENT AND ANALYTICS CAPABILITIES — 1 IN GENERAL —The Secretary of Defense shall iteratively develop and integrate advanced digital data management and analytics capabilities consistent with private sector best practices that— A integrate all aspects of the defense acquisition system including the development of capability requirements research design development testing evaluation acquisition management operations and sustainment of systems B facilitate the management and analysis of all relevant data generated during the development of capability requirements research design development testing evaluation acquisition operations and sustainment of systems C enable the use of such data to inform further development acquisition management and oversight of such systems including portfolio management and D include software capabilities to collect transport organize manage make available and analyze relevant data throughout the life cycle of defense acquisition programs including any data needed to support individual and portfolio management of acquisition programs 2 REQUIREMENTS —The capabilities developed under paragraph 1 shall— A be accessible to and useable by individuals throughout the Department of Defense who have responsibilities relating to activities described in clauses A through C of paragraph 1 B enable the development use curation and maintenance of original form and real-time digital systems by— i ensuring shared access to data within the Department ii supplying data to digital engineering models for use in the defense acquisition sustainment and portfolio management processes and iii supplying data to testing infrastructure and software to support automated approaches for testing evaluation and deployment throughout the defense acquisition sustainment and portfolio management processes and C feature— i improved data management and sharing processes ii timely high-quality transparent and actionable analyses and iii analytical models and simulations H R 6395—370 3 ENABLING DATA INFRASTRUCTURE TOOLS AND PROCESSES —In developing the capability required under paragraph 1 the Secretary of Defense shall— A move supporting processes and the data associated with such processes from analog to digital format including planning and reporting processes B make new and legacy data more accessible to and usable by appropriate employees and contractors at any tier of the Department of Defense and members of the Armed Forces including through migration of program and other documentation into digital formats C modernize the query collection storage retrieval reporting and analysis capabilities for stakeholders within the Department including research entities Program Management Offices analytic organizations oversight staff and decision makers D automate data collection and storage to minimize or eliminate manual data entry or manual reporting E enable employees and other appropriate users to access data from all relevant data sources including through— i streamlining data access privileges ii sharing of appropriate data between and among Federal Government and contractor information systems and iii enabling timely and continuous data collection and sharing from all appropriate personnel including contractors F modernize existing enterprise information systems to enable interoperability consistent with technical best practices and G provide capabilities and platforms to enable continuous development and integration of software using public and private sector best practices b PORTFOLIO MANAGEMENT —The Secretary of Defense shall establish capabilities for robust effective and data-driven portfolio management described in subsection a 1 C using the capability established in this section to improve the Department of Defensewide assessment management and optimization of the investments in weapon systems of the Department including through consolidation of duplicate or similar weapon system programs c DEMONSTRATION ACTIVITIES — 1 IN GENERAL —The Secretary of Defense shall carry out activities to demonstrate the capability required under subsection a 2 ACTIVITY SELECTION —Not later than July 15 2021 the Secretary of Defense shall select decision support processes and individual acquisition programs to participate in the demonstration activities under paragraph 1 including— A decision support processes including— i portfolio management as described in subsection b ii one or more acquisition data management test cases and iii one or more development and test modeling and simulation test cases to demonstrate the ability to collect data from tests and operations in the field H R 6395—371 and feed the data back into models and simulations for better software development and testing B individual acquisition programs representing— i one or more defense business systems ii one or more command and control systems iii one or more middle tier of acquisition programs iv programs featuring a cost-plus contract type and a fixed-price contract type and a transaction authorized under section 2371 or 2371b of title 10 United States Code and v at least one program in each military department 3 EXECUTION OF DEMONSTRATION ACTIVITIES —As part of the demonstration activities under paragraph 1 the Secretary shall— A conduct a comparative analysis that assesses the risks and benefits of the digital management and analytics capability used in each of the programs participating in the demonstration activities relative to the traditional data collection reporting exposing and analysis approaches of the Department B ensure that the intellectual property strategy for each of the programs participating in the demonstration activities is best aligned to meet the goals of the program and C develop a workforce and infrastructure plan to support any new policies and guidance implemented in connection with the demonstration activities including any policies and guidance implemented after the completion of such activities d POLICIES AND GUIDANCE REQUIRED —Not later than March 15 2022 based on the results of the demonstration activities carried out under subsection c the Secretary of Defense shall issue or modify policies and guidance to— 1 promote the use of digital data management and analytics capabilities and 2 address roles responsibilities and procedures relating to such capabilities e STEERING COMMITTEE — 1 IN GENERAL —The Secretary of Defense shall establish a steering committee to assist the Secretary in carrying out subsections a through c 2 MEMBERSHIP —The steering committee shall be composed of the following members or their designees A The Deputy Secretary of Defense B The Chief Information Officer C The Director of Cost Assessment and Program Evaluation D The Under Secretary of Defense for Research and Engineering E The Under Secretary of Defense for Acquisition and Sustainment F The Director of Operational Test and Evaluation G The Service Acquisition Executives H The Director for Force Structure Resources and Assessment of the Joint Staff H R 6395—372 I The Director of the Defense Digital Service J Such other officials of the Department of Defense as the Secretary determines appropriate f INDEPENDENT ASSESSMENTS — 1 INITIAL ASSESSMENT — A IN GENERAL —The Defense Innovation Board in consultation with the Defense Digital Service shall conduct an independent assessment and cost-benefits analysis to identify recommended approaches for the implementation of subsections a through c B ELEMENTS —The assessment under subparagraph A shall include the following i A plan for the development and implementation of the capabilities required under subsection a including a plan for any procurement that may be required as part of such development and implementation ii An independent cost assessment of the total estimated cost of developing and implementing the capability as well as an assessment of any potential cost savings iii An independent estimate of the schedule for the development approach and order of priorities for implementation of the capability including a reasonable estimate of the dates on which the capability can be expected to achieve initial operational capability and full operational capability respectively iv A recommendation identifying the office or other organization of the Department of Defense that would be most appropriate to manage and execute the capability C REPORT —Not later than July 15 2021 the Defense Innovation Board in consultation with the Defense Digital Service shall submit to the Secretary of Defense and the congressional defense committees a report on the findings of the assessment under subparagraph A including the findings of the assessment with respect to each element specified in subparagraph B 2 SECOND ASSESSMENT — A IN GENERAL —Not later than March 15 2023 the Defense Innovation Board and the Defense Science Board shall jointly complete an independent assessment of the progress of the Secretary in implementing subsections a through c The Secretary of Defense shall ensure that the Defense Innovation Board and the Defense Science Board have access to the resources data and information necessary to complete the assessment B INFORMATION TO CONGRESS —Not later than 30 days after the date on which the assessment under subparagraph A is completed the Defense Innovation Board and the Defense Science Board shall jointly provide to the congressional defense committees— i a report summarizing the assessment and ii a briefing on the findings of the assessment g DEMONSTRATIONS AND BRIEFING — 1 DEMONSTRATION OF IMPLEMENTATION —Not later than October 20 2021 the Secretary of Defense shall submit to H R 6395—373 the congressional defense committees a demonstration and briefing on the progress of the Secretary in implementing subsections a through c The briefing shall include an explanation of how the results of the demonstration activities carried out under subsection c will be incorporated into the policy and guidance required under subsection d particularly the policy and guidance of the members of the steering committee established under subsection e 2 BRIEFING ON LEGISLATIVE RECOMMENDATIONS —Not later than February 1 2022 the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and of the House of Representatives a briefing that identifies any changes to existing law that may be necessary to facilitate the implementation of subsections a through c 3 DEMONSTRATION OF PORTFOLIO MANAGEMENT —In conjunction with the budget of the President for fiscal year 2023 as submitted to Congress under section 1105 a of title 21 United States Code the Deputy Secretary of Defense shall schedule a demonstration of the portfolio management capability developed under subsection b with the congressional defense committees SEC 837 SAFEGUARDING DEFENSE-SENSITIVE UNITED STATES INTELLECTUAL PROPERTY TECHNOLOGY AND OTHER DATA AND INFORMATION a IN GENERAL —The Secretary of Defense shall in coordination with relevant departments and agencies— 1 identify policies and procedures protecting defense-sensitive United States intellectual property technology and other data and information including hardware and software from acquisition by the government of China and 2 to the extent that the Secretary determines that such policies and procedures are insufficient to provide such protection develop additional policies and procedures b MATTERS CONSIDERED —In developing the policies and procedures under subsection a the Secretary shall take the following actions 1 Establish and maintain a list of critical national security technology that may require certain restrictions on current or former employees contractors or subcontractors at any tier of the Department of Defense that contribute to such technology 2 Review the existing authorities under which employees of the Department of Defense may be subject to post-employment restrictions with foreign governments and with organizations subject to foreign ownership control or influence 3 Identify additional measures that may be necessary to enhance the authorities described in paragraph 2 c POST-EMPLOYMENT MATTERS —The Secretary shall consider mechanisms to restrict current or former employees of contractors or subcontractors at any tier of the Department of Defense that contribute significantly and materially to a technology referred to in subsection b 1 from working directly for companies wholly owned by the government of China or for companies that have been determined by a cognizant Federal agency to be under the ownership control or influence of the government of China H R 6395—374 SEC 838 COMPTROLLER GENERAL REPORT ON IMPLEMENTATION OF SOFTWARE ACQUISITION REFORMS a REPORT REQUIRED —Not later than March 15 2021 the Comptroller General of the United States shall brief the congressional defense committees on the implementation by the Secretary of Defense of required acquisition reforms with respect to acquiring software for weapon systems business systems and other activities that are part of the defense acquisition system with one or more reports based on such briefing to be submitted to such committees as jointly determined by such committees and the Comptroller General b ELEMENTS —The briefing and any reports required under subsection a shall include an assessment of the extent to which the Secretary of Defense has— 1 implemented the recommendations set forth in— A the final report of the Defense Innovation Board submitted to the congressional defense committees under section 872 of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 131 Stat 1497 B the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems described in section 868 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 1902 10 U S C 2223a note and C other relevant studies on software research development and acquisition activities of the Department of Defense 2 carried out software acquisition activities including programs required under— A section 2322a of title 10 United States Code and B section 875 of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 131 Stat 1503 10 U S C 2223 note 3 used the authority provided under section 800 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1478 10 U S C 2223a and 4 carried out software acquisition pilot programs including pilot programs required under sections 873 and 874 of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 10 U S C 2223a note 10 U S C 2302 note c ASSESSMENT OF ACQUISITION POLICY GUIDANCE AND PRACTICES —Each report required under subsection a shall include an assessment of the extent to which the software acquisition policy guidance and practices of the Department of Defense reflect implementation of— 1 relevant recommendations from software studies and pilot programs and 2 directives from the congressional defense committees d DEFENSE ACQUISITION SYSTEM DEFINED —In this section the term ‘‘defense acquisition system’’ has the meaning given that term in section 2545 2 of title 10 United States Code H R 6395—375 SEC 839 COMPTROLLER GENERAL REPORT ON INTELLECTUAL PROPERTY ACQUISITION AND LICENSING a IN GENERAL —Not later than October 1 2021 the Comptroller General of the United States shall submit to the congressional defense committees a report evaluating the implementation of Department of Defense Instruction 5010 44 relating to Intellectual Property Acquisition and Licensing or successor instruction b ELEMENTS —The report required under subsection a shall assess the following 1 The extent to which the Department of Defense is fulfilling the core principles established in such Instruction 2 The extent to which the Defense Acquisition University established under section 1746 of title 10 United States Code and elements of the Department of Defense specified in paragraphs 1 through 10 of section 111 b of such title are carrying out the requirements of such Instruction 3 The progress of the Secretary of Defense in establishing a cadre of intellectual property experts as required under section 2322 b of such title including the extent to which members of such cadre are executing their roles and responsibilities 4 The performance of the Secretary of Defense in assessing and demonstrating the implementation of such Instruction including the effectiveness of the cadre described in paragraph 3 5 The effectiveness of the cadre described in paragraph 3 in providing resources on the acquisition and licensing of intellectual property 6 The effect implementation of such Instruction has had on particular acquisitions 7 The extent to which feedback from appropriate stakeholders was incorporated including large and small businesses traditional and nontraditional defense contractors as defined in section 2302 9 of title 10 United States Code and maintenance and repair organizations 8 Any other matters the Comptroller General determines appropriate Subtitle D—Industrial Base Matters SEC 841 ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED CIRCUIT BOARDS a IN GENERAL —Chapter 148 of title 10 United States Code is amended by inserting after section 2533c the following section ‘‘§ 2533d Additional requirements pertaining to printed circuit boards ‘‘ a IN GENERAL — ‘‘ 1 Beginning on January 1 2023 the Secretary of Defense may not acquire a covered printed circuit board from a covered nation ‘‘ 2 Paragraph 1 shall not apply with respect to any acquisition of supplies or services below the micro-purchase threshold under section 2338 of this title ‘‘ b WAIVER — H R 6395—376 ‘‘ 1 The Secretary may waive the prohibition under subsection a if the Secretary determines in writing that— ‘‘ A there are no significant national security concerns regarding counterfeiting quality or unauthorized access created by such waiver ‘‘ B the waiver is required to support national security and ‘‘ C a covered printed circuit board of satisfactory quality and sufficient quantity in the required form cannot be procured as and when needed from nations other than a covered nation at reasonable cost excluding comparisons with non-market economies ‘‘ 2 Not later than 10 days after the Secretary provides a waiver under paragraph 1 the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a written notice setting forth the reasoning for the waiver together with a copy of the waiver itself ‘‘ c DEFINITIONS —In this section ‘‘ 1 COVERED NATION —The term ‘covered nation’ means— ‘‘ A the Democratic People’s Republic of North Korea ‘‘ B the People’s Republic of China ‘‘ C the Russian Federation and ‘‘ D the Islamic Republic of Iran ‘‘ 2 COVERED PRINTED CIRCUIT BOARD —The term ‘covered printed circuit board’ means any partially manufactured or complete bare printed circuit board or fully or partially assembled printed circuit board that— ‘‘ A performs a mission critical function in any product or service that is not a commercial product or commercial service as such terms are defined under sections 103 and 103a of title 41 respectively or ‘‘ B the Secretary designates as a covered printed circuit board after reasonable notice based on a determination that the designation is required to support national security ‘‘ 3 SECRETARY —The term ‘Secretary’ means the Secretary of Defense ‘‘ d RULEMAKING —Not later than May 1 2022 the Secretary shall promulgate regulations after an opportunity for notice and comment implementing this section ‘‘ e APPLICABILITY —This section shall apply only with respect to contracts entered into after the issuance of a final rule implementing this section ‘‘ f RULE OF CONSTRUCTION —Nothing in this section shall be construed to prohibit the Department of Defense from entering into a contract with an entity that connects to the facilities of a third party for the purposes of backhaul roaming or interconnection arrangements on the basis of the noncompliance by the third party with the provisions of this section or use of equipment or services that do not route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles ’’ b CLERICAL AMENDMENT —The table of sections for subchapter V of chapter 148 of title 10 United States Code is amended by inserting after the item relating to section 2533c the following ‘‘2533d Additional requirements pertaining to printed circuit boards ’’ H R 6395—377 c TRUSTED SUPPLY —The Secretary of Defense shall apply the requirements of section 224 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116-92 10 U S C 2302 note to the acquisition of covered printed circuit boards as such term is defined under section 2533d c of title 10 United States Code as added by this section d INDEPENDENT ASSESSMENT — 1 IN GENERAL —Not later than 90 days after the date of enactment of this Act the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center under which the center will conduct an assessment of the benefits and risks of expanding the prohibition in section 2533d a and the definitions in section 2533d c of title 10 United States Code each as added by this section to include printed circuit boards in commercial products or services or in commercially available off-the-shelf products or services The assessment shall also include analysis and recommendations regarding the scope of mission critical functions as such term is used in such section 2 SUBMISSION TO DEPARTMENT OF DEFENSE —Not later than one year after entering into the contract described in paragraph 1 the federally funded research and development center that conducts the assessment described in such paragraph shall submit to the Secretary of Defense a report on the results of the assessment 3 SUBMISSION TO CONGRESS —Not later than 90 days after the date on which the Secretary of Defense receives the report described in paragraph 2 the Secretary shall submit to the congressional defense committees an unaltered copy of the report together with any comments the Secretary may have with respect to the report as well as a summary of the recommendations of the report The comments of the Secretary if any and the summary of recommendations shall be in an unclassified form but the submission may include a classified annex SEC 842 REPORT ON NONAVAILABILITY DETERMINATIONS AND QUARTERLY NATIONAL TECHNOLOGY AND INDUSTRIAL BASE BRIEFINGS a IN GENERAL —Section 2504 of title 10 United States Code is amended— 1 by striking ‘‘The Secretary’’ and inserting the following ‘‘ a ANNUAL REPORT —The Secretary’’ 2 in subsection a as designated by paragraph 1 by adding at the end the following new paragraph ‘‘ 5 A detailed description of any use by the Secretary of Defense or a Secretary concerned as applicable during the prior 12 months of a waiver or exception to the sourcing requirements or prohibitions established by chapter 83 of title 41 or subchapter V of chapter 148 of this title including— ‘‘ A the type of waiver or exception used and ‘‘ B the reasoning for the use of each such waiver or exception ’’ and 3 by adding at the end the following new subsection ‘‘ b QUARTERLY BRIEFINGS — 1 The Secretary of Defense shall ensure that the congressional defense committees receive quarterly briefings on the industrial base supporting the Department of H R 6395—378 Defense describing challenges gaps and vulnerabilities in the defense industrial base and commercial sector relevant to execution of defense missions and describing initiatives to address such challenges ‘‘ 2 Each briefing under paragraph 1 shall include an update on the progress of addressing such gaps or vulnerabilities by the Secretary the Secretary of the military department concerned or the appropriate head of a Defense Agency including an update on— ‘‘ A actions taken to address such gaps or vulnerabilities ‘‘ B policy changes necessary to address such gaps or vulnerabilities and ‘‘ C the proposed timeline for action and resources required to address such gaps or vulnerabilities ’’ b CONFORMING AND CLERICAL AMENDMENTS — 1 HEADING AMENDMENT —The heading of section 2504 of title 10 United States Code is amended to read as follows ‘‘§ 2504 National technology and industrial base annual report and quarterly briefings’’ 2 CLERICAL AMENDMENT —The table of sections for subchapter II of chapter 148 of such title is amended by striking the item relating to section 2504 and inserting the following new item ‘‘2504 National technology and industrial base annual report and quarterly briefings ’’ SEC 843 MODIFICATION OF FRAMEWORK FOR MODERNIZING ACQUISITION PROCESSES TO ENSURE INTEGRITY OF INDUSTRIAL BASE AND INCLUSION OF OPTICAL TRANSMISSION COMPONENTS a IN GENERAL — Section 2509 of title 10 United States Code is amended— 1 in subsection b 2 — A in subparagraph A — i in the matter preceding clause i by inserting ‘‘such as those identified through the supply chain risk management process of the Department and by the Federal Acquisition Security Council and’’ after ‘‘supply chain risks ’’ and ii in clause ii by striking ‘‘ other than optical transmission components ’’ B in subparagraph C — i in clause x by striking ‘‘ and’’ and inserting a semicolon ii by redesignating clause xi as clause xii and iii by inserting after clause x the following new clause ‘‘ xi processes and procedures related to supply chain risk management and processes and procedures implemented pursuant to section 2339a of this title and’’ and C by adding at the end the following new subparagraph ‘‘ E Characterization and assessment of industrial base support policies programs and procedures including— H R 6395—379 ‘‘ i limitations and acquisition guidance relevant to the national technology and industrial base as defined in section 2500 1 of this title ‘‘ ii limitations and acquisition guidance relevant to section 2533a of this title ‘‘ iii the Industrial Base Analysis and Sustainment program of the Department including direct support and common design activities ‘‘ iv the Small Business Innovation Research Program as defined in section 9 e of the Small Business Act 15 U S C 638 e ‘‘ v the Manufacturing Technology Program established under section 2521 of this title ‘‘ vi programs relating to the Defense Production Act of 1950 50 U S C 4511 et seq and ‘‘ vii programs operating in each military department ’’ and 2 in subsection f 2 by inserting ‘‘ and supporting policies procedures and guidance relating to such actions’’ after ‘‘subsection b ’’ b CONFORMING AMENDMENT —Section 806 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 10 U S C 2304 note is repealed SEC 844 EXPANSION ON THE PROHIBITION ON ACQUIRING CERTAIN METAL PRODUCTS a IN GENERAL —Section 2533c of title 10 United States Code is amended— 1 in subsection a 1 by striking ‘‘material melted’’ and inserting ‘‘material mined refined separated melted ’’ and 2 in subsection c 3 A i by striking ‘‘tungsten’’ and inserting ‘‘covered material’’ b EFFECTIVE DATE —The amendments made by subsection a shall take effect on the date that is 5 years after the date of the enactment of this Act SEC 845 MISCELLANEOUS LIMITATIONS ON THE PROCUREMENT OF GOODS OTHER THAN UNITED STATES GOODS a IN GENERAL —Section 2534 of title 10 United States Code is amended— 1 in subsection a — A by striking paragraphs 2 through 5 and redesignating paragraph 6 as paragraph 3 B by inserting after paragraph 1 the following new paragraph ‘‘ 2 COMPONENTS FOR NAVAL VESSELS —The following components of vessels to the extent they are unique to marine applications ‘‘ A Gyrocompasses ‘‘ B Electronic navigation chart systems ‘‘ C Steering controls ‘‘ D Propulsion and machinery control systems ‘‘ E Totally enclosed lifeboats ’’ C in paragraph 3 as so redesignated by striking ‘‘subsection k ’’ and inserting ‘‘subsection j ’’ and D by adding at the end the following new paragraph ‘‘ 4 COMPONENTS FOR T–AO 205 CLASS VESSELS —The following components of T–AO 205 class vessels H R 6395—380 ‘‘ A Auxiliary equipment including pumps for all shipboard services ‘‘ B Propulsion system components including engines reduction gears and propellers ‘‘ C Shipboard cranes ‘‘ D Spreaders for shipboard cranes ’’ 2 by amending subsection b to read as follows ‘‘ b MANUFACTURER IN THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE —A manufacturer meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base ’’ 3 in subsection c — A by striking ‘‘ITEMS —’’ and all that follows through ‘‘Subsection a does not apply’’ and inserting ‘‘ITEMS — Subsection a does not apply’’ and B by striking paragraphs 2 though 5 4 in subsection g — A by striking ‘‘ 1 This section’’ and inserting ‘‘This section’’ and B by striking paragraph 2 5 in subsection h by striking ‘‘subsection a 3 B ’’ and inserting ‘‘subsection a 2 ’’ 6 in subsection i 3 by striking ‘‘Under Secretary of Defense for Acquisition Technology and Logistics’’ and inserting ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ 7 by striking subsection j 8 by redesignating the first subsection designated subsection k relating to ‘‘Limitation on Certain Procurements Application Process’’ as subsection j and 9 in subsection k relating to ‘‘Implementation of Auxiliary Ship Component Limitation’’ by striking ‘‘Subsection a 6 ’’ and inserting ‘‘Subsection a 3 ’’ b REVIEW OF SELECT COMPONENTS —The Secretary of the Defense shall expedite the review period under paragraph 3 B of section 2534 j of title 10 United States Code as redesignated by subsection a to not more than 60 days for applications submitted pursuant to such section 2534 j for the following components for auxiliary ships 1 Auxiliary equipment including pumps for all shipboard services 2 Propulsion system components including engines reduction gears and propellers 3 Shipboard cranes 4 Spreaders for shipboard cranes SEC 846 IMPROVING IMPLEMENTATION OF POLICY PERTAINING TO THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE a ASSESSMENT OF RESEARCH AND DEVELOPMENT MANUFACTURING AND PRODUCTION CAPABILITIES — 1 IN GENERAL —In developing the strategy required by section 2501 of title 10 United States Code carrying out the program for analysis of the national technology and industrial base required by section 2503 of such title and performing the assessments required under section 2505 of such title the Secretary of Defense in consultation with the Under Secretary of Defense for Acquisition and Sustainment and the H R 6395—381 Under Secretary of Research and Engineering shall assess the research and development manufacturing and production capabilities of the national technology and industrial base as defined in section 2500 of such title and other allies and partner countries 2 IDENTIFICATION OF SPECIFIC TECHNOLOGIES COMPANIES LABORATORIES AND FACTORIES —The map of the industrial base described in section 2504 of title 10 United States Code shall highlight specific technologies companies laboratories and factories of or located in the national technology and industrial base of potential value to current and future Department of Defense plans and programs b POLICY AND GUIDANCE — 1 IN GENERAL —Section 2440 of title 10 United States Code is amended— A by amending the section heading to read as follows ‘‘National technology and industrial base plans policy and guidance’’ B striking ‘‘The Secretary’’ and inserting the following ‘‘ a IN GENERAL —The Secretary’’ and C by adding at the end the following new subsection ‘‘ b ACQUISITION POLICY AND GUIDANCE —The Secretary of Defense shall develop and promulgate acquisition policy and guidance to the service acquisition executives the heads of the appropriate Defense Agencies and Department of Defense Field Activities and relevant program managers Such policy and guidance shall be germane to the use of the research and development manufacturing and production capabilities identified pursuant to chapter 148 of this title and the technologies companies laboratories and factories in specific Department of Defense research and development international cooperative research procurement and sustainment activities ’’ 2 CLERICAL AMENDMENTS —The table of sections at the beginning of chapter 144 of title 10 United States Code is amended by striking the item relating to section 2440 and inserting the following new item ‘‘2440 National technology and industrial base plans policy and guidance ’’ c RESPONSIBILITIES OF THE NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE COUNCIL —Section 2502 c of title 10 United States Code is amended— 1 in paragraph 2 by striking ‘‘and’’ at the end 2 in paragraph 3 by striking the period at the end and inserting ‘‘ and’’ and 3 by adding at the end the following new paragraph ‘‘ 4 collaboration with government officials of member countries of the national technology and industrial base in order to strengthen the national technology and industrial base ’’ d RECOMMENDATIONS FOR ADDITIONAL MEMBERS OF THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE — 1 IN GENERAL —The Secretary of Defense in consultation with the heads of any relevant Federal agencies shall establish a process to consider the inclusion of additional member countries in the national technology and industrial base 2 ELEMENTS —The process developed under paragraph 1 shall include an analysis of— H R 6395—382 A the national security and foreign policy impacts costs and benefits to the United States and allied countries of the inclusion of any such additional member countries in the national technology and industrial base B the economic impacts costs and benefits to entities within the United States and allied countries of the inclusion of any such additional member countries into the national technology and industrial base including an assessment of— i specific shortfalls in the technological and industrial capacities of current member countries of the national technology and industrial base that would be addressed by inclusion of such additional member countries ii specific areas in the industrial bases of current member countries of the national technology and industrial base that would likely be impacted by additional competition if such additional member countries were included in the national technology and industrial base and iii costs to reconstitute capability should such capability be lost to competition and C other factors as determined relevant by the Secretary 3 CONCURRENCE —For the purposes of the process developed under paragraph 1 the Secretary of Defense may recommend the inclusion of an additional member country in the national technology and industrial base only with the concurrence of the Secretary of State SEC 847 REPORT AND LIMITATION ON THE AVAILABILITY OF FUNDS RELATING TO ELIMINATING THE GAPS AND VULNERABILITIES IN THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE a IN GENERAL —Beginning January 1 2021 if the Secretary of Defense has not submitted to the congressional defense committees the national security strategy for the national technology and industrial base required by section 2501 a of title 10 United States Code not more than 75 percent of the funds specified in subsection b may be obligated or expended until the date on which the Secretary submits such strategy to such committees b FUNDS SPECIFIED —The funds specified in this subsection are the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of Defense for the following 1 The immediate office of the Secretary of Defense 2 The Office of the Under Secretary of Defense for Acquisition and Sustainment SEC 848 SUPPLY OF STRATEGIC AND CRITICAL MATERIALS FOR THE DEPARTMENT OF DEFENSE a PREFERENCE FOR NOLOGY AND INDUSTRIAL SOURCING FROM THE NATIONAL TECHBASE —The Secretary of Defense shall to the maximum extent practicable acquire strategic and critical materials required to meet the defense industrial and essential civilian needs of the United States in the following order of preference 1 From sources located within the United States H R 6395—383 2 From sources located within the national technology and industrial base as defined in section 2500 of title 10 United States Code 3 From other sources as appropriate b STATEMENT OF POLICY — 1 IN GENERAL —The Secretary of Defense shall pursue the following goals A Not later than January 1 2035 ensuring access to secure sources of supply for strategic and critical materials that will— i fully meet the demands of the domestic defense industrial base ii eliminate the dependence of the United States on potentially vulnerable sources of supply for strategic and critical materials and iii ensure that the Department of Defense is not reliant upon potentially vulnerable sources of supply for the processing or manufacturing of any strategic and critical materials deemed essential to national security by the Secretary of Defense B Provide incentives for the defense industrial base to develop robust processing and manufacturing capabilities in the United States to refine strategic and critical materials for Department of Defense purposes C Maintain secure sources of supply for strategic and critical materials required to maintain current military requirements in the event that international supply chains are disrupted 2 METHODS —The Secretary of Defense shall achieve the goals described in paragraph 1 through— A the development of guidance in consultation with appropriate officials of the Department of State the Joint Staff and the Secretaries of the military departments B the continued and expanded use of existing programs such as the National Defense Stockpile C the continued use of authorities under title III of the Defense Production Act of 1950 50 U S C 4531 et seq and D other methods as the Secretary of Defense deems appropriate SEC 849 ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS SOURCING AND INDUSTRIAL CAPACITY a ANALYSIS REQUIRED — 1 IN GENERAL —The Secretary of Defense acting through the Undersecretary of Defense for Acquisition and Sustainment and other appropriate officials shall review the items under subsection c to determine and develop appropriate actions consistent with the policies programs and activities required under chapter 148 of title 10 United States Code chapter 83 of title 41 United States Code and the Defense Production Act of 1950 50 U S C 4501 et seq including— A restricting procurement with appropriate waivers for cost emergency requirements and non-availability of suppliers including restricting procurement to— i suppliers in the United States H R 6395—384 ii suppliers in the national technology and industrial base as defined in section 2500 of title 10 United States Code iii suppliers in other allied nations or iv other suppliers B increasing investment through use of research and development or procurement activities and acquisition authorities to— i expand production capacity ii diversify sources of supply or iii promote alternative approaches for addressing military requirements C prohibiting procurement from selected sources or nations D taking a combination of actions described under subparagraphs A B and C or E taking no action 2 CONSIDERATIONS —The analyses conducted pursuant to paragraph 1 shall consider national security economic and treaty implications as well as impacts on current and potential suppliers of goods and services b REPORTING ON ANALYSES RECOMMENDATIONS AND ACTIONS — 1 INTERIM BRIEF —Not later than January 15 2022 the Secretary of Defense shall submit to the congressional defense committees— A a summary of the findings of the analyses undertaken for each item pursuant to subsection a B relevant recommendations resulting from the analyses and C descriptions of specific activities undertaken as a result of the analyses including schedule and resources allocated for any planned actions 2 REPORTING —The Secretary of Defense shall include the analyses conducted under subsection a and any relevant recommendations and descriptions of activities resulting from such analyses as appropriate in each of the following submitted during the 2022 calendar year A The annual report to Congress required under section 2504 of title 10 United States Code B The annual report on unfunded priorities of the national technology and industrial base required under section 2504a of such title C Department of Defense technology and industrial base policy guidance prescribed under section 2506 of such title D Activities to modernize acquisition processes to ensure integrity of industrial base pursuant to section 2509 of such title E Defense memoranda of understanding and related agreements considered in accordance with section 2531 of such title F Industrial base or acquisition policy changes G Legislative proposals for changes to relevant statutes which the Department shall consider develop and submit to the Committees on Armed Services of the Senate H R 6395—385 and House of Representatives not less frequently than once per fiscal year H Quarterly briefings on the national technology and industrial base required under section 2504 of such title as amended by section 842 of this Act I Other actions as the Secretary of Defense determines appropriate c LIST OF HIGH PRIORITY GOODS AND SERVICES FOR ANALYSES RECOMMENDATIONS AND ACTIONS —The items described in this subsection are the following 1 Goods and services covered under existing restrictions where a waiver exception or domestic non-availability determination has been applied 2 Printed circuit boards and other electronics components consistent with the requirements of other provisions of this Act 3 Pharmaceuticals including active pharmaceutical ingredients 4 Medical devices 5 Therapeutics 6 Vaccines 7 Diagnostic medical equipment and consumables including reagents and swabs 8 Ventilators and related products 9 Personal protective equipment 10 Strategic and critical materials including rare earth materials 11 Natural or synthetic graphite 12 Coal-based rayon carbon fibers 13 Aluminum and aluminum alloys SEC 850 IMPLEMENTATION OF RECOMMENDATIONS FOR ASSESSING AND STRENGTHENING THE MANUFACTURING AND DEFENSE INDUSTRIAL BASE AND SUPPLY CHAIN RESILIENCY a SUBMISSION OF RECOMMENDATIONS TO SECRETARY OF DEFENSE —In order to fully implement the recommendations of the report of the Interagency Task Force established by the Department of Defense pursuant to section 2 of Executive Order 13806 82 Fed Reg 34597 July 21 2017 titled ‘‘Assessing and Strengthening the Manufacturing and Defense Industrial Base and Supply Chain Resiliency of the United States Report to President Donald J Trump by the Interagency Task Force in Fulfillment of Executive Order 13806’’ September 2018 not later than 540 days after the date of the enactment of this Act the Under Secretary of Defense for Acquisition and Sustainment shall submit to the Secretary of Defense additional recommendations regarding United States industrial policies The additional recommendations shall consist of specific executive actions programmatic changes regulatory changes and legislative proposals and changes as appropriate b SCOPE OF ASSESSMENT —In developing the additional recommendations required under subsection a the Under Secretary shall— 1 assess the macro forces and risk archetypes identified in the report of the Interagency Task Force described in subsection a H R 6395—386 2 evaluate the success of responsive actions undertaken and 3 identify any such recommendations that may require new legislative authorities c OBJECTIVES —The additional recommendations made pursuant to subsection a shall— 1 aim to expand the defense industrial base to leverage contributions and capabilities of allies and partner countries 2 identify and preserve the viability of domestic and trusted international suppliers and 3 strengthen the domestic industrial base especially in areas subject to the risk archetypes identified in the report of the Interagency Task Force described in subsection a d CONSULTATION —In developing the additional recommendations required under subsection a the Under Secretary may engage through appropriate mechanisms with— 1 the Defense Science Board 2 the Defense Innovation Board 3 the Defense Business Board 4 entities representing industry interests and 5 entities representing labor interests e SUBMISSION OF RECOMMENDATIONS TO PRESIDENT —Not later than 30 days after receiving the additional recommendations required under subsection a the Secretary of Defense shall submit such recommendations together with any supplementary views or recommendations to the President the Director of the Office of Management and Budget the Assistant to the President for National Security Affairs and the Director of the National Economic Council f SUBMISSION OF RECOMMENDATIONS TO CONGRESS —Not later than 30 days after submitting the recommendations under subsection e the Secretary of Defense shall submit to and brief the congressional defense committees on such recommendations SEC 851 REPORT ON STRATEGIC AND CRITICAL MATERIALS a REPORT REQUIRED —The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives an appendix to the annual report required in section 2504 of title 10 United States Code due on March 1 2021 describing strategic and critical materials including the gaps and vulnerabilities in supply chains of such materials b ELEMENTS —The Secretary of Defense shall include in the appendix required in subsection a the following 1 An identification of the strategic and critical materials that are currently used by the Department of Defense 2 To the extent practicable an identification of the overall annual tonnage of each strategic or critical material identified pursuant to paragraph 1 that was used by the Department during the 10-year period ending on December 31 2020 3 An identification of domestic and international sources for the strategic and critical materials identified pursuant to paragraph 1 4 An identification of risks relating to access to the strategic and critical materials identified pursuant to paragraph 1 from supply chain disruptions due to geopolitical economic and other vulnerabilities H R 6395—387 5 An evaluation of the benefits of a robust domestic supply chain for providing strategic and critical materials as needed to manufacturers in the defense industrial base 6 An evaluation of the effects of the use of waivers by the Strategic Materials Protection Board established under section 187 of title 10 United States Code on the domestic supply of strategic and critical materials 7 Recommendations for policies and procedures to ensure a capability within the Department of Defense to secure strategic and critical materials necessary for emerging technologies as well as antimicrobial products minerals and metals for use in medical equipment and other technologies 8 An identification of improvements required to the National Defense Stockpile in order to ensure the Secretary of Defense has access to the strategic and critical materials identified pursuant to paragraph 1 9 An evaluation of the domestic processing and manufacturing capacity needed to supply the strategic and critical materials identified pursuant to paragraph 1 to the Secretary of Defense in an economic and secure manner 10 In consultation with the Director of the United States Geological Survey an identification of domestic locations with existing commercial manufacturing interest that are already verified to contain large supplies of the strategic and critical materials identified pursuant to paragraph 1 11 An assessment of the feasibility of partnerships with institutions of higher education as defined in section 101 of the Higher Education Act of 1965 20 U S C 1001 that receive grants for the purpose of enhancing the security and stability of the supply chain for strategic and critical materials for the National Defense Stockpile including an identification of barriers to such partnerships and recommendations for improving such partnerships 12 Any other matter relating to strategic and critical materials that the Secretary considers appropriate c FORM —The appendix required in subsection a shall be submitted in unclassified form but may include a classified annex d STRATEGIC AND CRITICAL MATERIALS DEFINED —In this section the term ‘‘strategic and critical materials’’ means materials including rare earth elements that are necessary to meet national defense and national security requirements including requirements relating to supply chain resiliency and for the economic security of the United States SEC 852 REPORT ON ALUMINUM REFINING PROCESSING AND MANUFACTURING a IN GENERAL —In preparing the annual report required under section 2504 of title 10 United States Code due on March 1 2022 the Secretary of Defense shall include as an appendix to such report information on— 1 how authorities under the Defense Production Act of 1950 50 U S C 4501 et seq could be used to provide incentives to increase activities relating to refining aluminum and the development of processing and manufacturing capabilities for aluminum and H R 6395—388 2 whether a new initiative would further the development of such processing and manufacturing capabilities for aluminum b SUBMISSION —Not later than March 1 2022 the Secretary of Defense shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking Housing and Urban Affairs of the Senate the appendix described in subsection a Subtitle E—Small Business Matters SEC 861 INITIATIVES TO SUPPORT SMALL BUSINESSES IN THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE a IN GENERAL —The Secretary of Defense acting through the Assistant Secretary of Defense for Industrial Base Policy established under section 903 of this Act and other appropriate officials in carrying out the activities described under subchapter II of chapter 148 of title 10 United States Code shall establish initiatives to increase the effectiveness of the Department of Defense in specifically leveraging small businesses to eliminate gaps and vulnerabilities in the national technology and industrial base as defined in section 2500 of title 10 United States Code and expand the number of small businesses in the national technology and industrial base b INITIATIVES — 1 UPDATES FOR SMALL BUSINESS STRATEGY —Not later than October 1 2022 and biennially thereafter shall update the small business strategy required under section 2283 of title 10 United States Code and provide such updated strategy to the congressional defense committees 2 IMPLEMENTATION PLAN — A IN GENERAL —Not later than March 1 2023 and biennially thereafter the Secretary of Defense shall develop an implementation plan consistent with the most recent small business strategy developed under such section 2283 and provide such plan to the congressional defense committees B ELEMENTS —The implementation plan described in subparagraph A shall include an identification of the following i Organizations responsible for implementation activities ii Metrics to evaluate progress of implementation activities iii Resources to support implementation activities iv Outcomes achieved as a result of executing the previous small business strategy developed under such section 2283 3 MECHANISMS TO ASSESS AND SUPPORT SMALL BUSINESSES IN NATIONAL TECHNOLOGY AND INDUSTRIAL BASE —The Secretary of Defense shall— A establish policies procedures and information repositories to identify small businesses in the defense supply chain including— H R 6395—389 i small businesses participating in an acquisition program of a military department or Defense Agency as defined in section 101 11 of title 10 United States Code ii small businesses contracting with the Defense Logistics Agency and iii other small businesses in the national technology and industrial base B establish policies and procedures to assess the financial status of critical small businesses and C enter into an agreement with the acquisition research organization within a civilian college or university that is described under section 2361a a of title 10 United States Code commonly referred to as the ‘‘Acquisition Innovation Research Center’’ to analyze mechanisms that could be established to allow the Secretary of Defense to provide direct financial support to critical small businesses that require additional financial assistance including critical small businesses that are— i contracting with the Defense Logistics Agency ii subcontractors at any tier or iii in critical technology sectors c REPORTS — 1 REPORT ON ACTIVITIES —Not later than October 1 2021 the Assistant Secretary of Defense for Industrial Base Policy shall submit to the appropriate committees a report on activities undertaken pursuant to this section 2 IMPLEMENTATION PLAN FOR 2019 SMALL BUSINESS STRATEGY —Not later than June 1 2021 the Secretary of Defense shall submit an implementation plan for the small business strategy required under section 2283 of title 10 United States Code and dated October 1 2019 including an identification of specific responsible individuals and organizations milestones and metrics and resources to support activities identified in the implementation plan d SMALL BUSINESS DEFINED —In this section the term ‘‘small business’’ has the meaning given by the Secretary of Defense except that such term shall include prime contractors and subcontractors at any tier SEC 862 TRANSFER OF VERIFICATION OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS OR SERVICE-DISABLED VETERANS TO THE SMALL BUSINESS ADMINISTRATION a TRANSFER DATE —For purposes of this section the term ‘‘transfer date’’ means the date that is 2 years after the date of enactment of this Act b AMENDMENT TO AND TRANSFER OF VETERAN-OWNED AND SERVICE-DISABLED VETERAN-OWNED BUSINESS DATABASE — 1 AMENDMENT OF VETERAN-OWNED AND SERVICE-DISABLED VETERAN-OWNED BUSINESS DATABASE —Effective on the transfer date section 8127 of title 38 United States Code is amended— A in subsection e by striking ‘‘the Secretary under subsection f ’’ and inserting ‘‘the Administrator under section 36 of the Small Business Act’’ B in subsection f — H R 6395—390 i by striking ‘‘the Secretary’’ each place it appears except in the last place it appears in paragraph 2 A and inserting ‘‘the Administrator’’ ii in paragraph 1 by striking ‘‘small business concerns owned and controlled by veterans with service-connected disabilities’’ and inserting ‘‘small business concerns owned and controlled by servicedisabled veterans’’ iii in paragraph 2 — I in subparagraph A — aa by striking ‘‘to access’’ and inserting ‘‘to obtain from the Secretary of Veterans Affairs’’ and bb by inserting ‘‘ United States Code ’’ after ‘‘title 5’’ and II by striking subparagraph B and inserting the following ‘‘ B For purposes of this subsection— ‘‘ i the Secretary of Veterans Affairs shall— ‘‘ I verify an individual’s status as a veteran or a service-disabled veteran and ‘‘ II establish a system to permit the Administrator to access but not alter the verification of such status and ‘‘ ii the Administrator shall verify— ‘‘ I the status of a business concern as a small business concern and ‘‘ II the ownership and control of such business concern ‘‘ C The Administrator may not certify a concern under subsection b or section 36A if the Secretary of Veterans Affairs cannot provide the verification described under subparagraph B i I ’’ iv in paragraph 3 by striking ‘‘such veterans’’ and inserting ‘‘a veteran described in paragraph 1 ’’ v by striking paragraphs 4 and 7 vi by redesignating paragraphs 5 and 6 as paragraphs 4 and 5 respectively and redesignating paragraph 8 as paragraph 6 vii in paragraph 4 as so redesignated by striking ‘‘The Secretary’’ and inserting ‘‘The Administrator’’ and viii in paragraph 6 as so redesignated— I in subparagraph A — aa by striking ‘‘verify the status of the concern as a small business concern or the ownership or control of the concern’’ and inserting ‘‘certify the status of the concern as a small business concern owned and controlled by veterans under section 36A or a small business concern owned and controlled by service-disabled veterans under subsection g of this section ’’ bb by striking ‘‘verification’’ and inserting ‘‘certification’’ and cc by striking ‘‘the Small Business Administration as established under section H R 6395—391 5 i of the Small Business Act ’’ and inserting ‘‘the Administration as established under section 5 i ’’ II in subparagraph B — aa in clause i — AA by striking ‘‘small business concern owned and controlled by veterans with service-connected disabilities’’ and inserting ‘‘small business concern owned and controlled by service-disabled veterans’’ and BB by striking ‘‘of the Small Business Administration’’ and bb in clause ii — AA by amending subclause I to read as follows ‘‘ I the Secretary of Veterans Affairs or the Administrator or’’ and BB in subclause II by striking ‘‘the contracting officer of the Department’’ and inserting ‘‘the applicable contracting officer’’ and III by striking subparagraph C C by redesignating subsections k relating to limitations on subcontracting and l relating to definitions as subsections l and m respectively D by inserting after subsection j relating to annual reports the following new subsection ‘‘ k ANNUAL TRANSFER FOR CERTIFICATION COSTS —For each fiscal year the Secretary of Veterans Affairs shall reimburse the Administrator in an amount necessary to cover any cost incurred by the Administrator for certifying small business concerns owned and controlled by veterans that do not qualify as small business concerns owned and controlled by service-disabled veterans for the Secretary for purposes of this section and section 8128 of this title The Administrator is authorized to accept such reimbursement The amount of any such reimbursement shall be determined jointly by the Secretary and the Administrator and shall be provided from fees collected by the Secretary under multiple-award schedule contracts Any disagreement about the amount shall be resolved by the Director of the Office of Management and Budget ’’ and E in subsection m relating to definitions as so redesignated— i by redesignating paragraphs 1 2 and 3 as paragraphs 2 3 and 4 respectively and ii by inserting before paragraph 2 as so redesignated the following new paragraph ‘‘ 1 The term ‘Administrator’ means the Administrator of the Small Business Administration ’’ 2 TRANSFER OF REQUIREMENTS RELATING TO DATABASE TO THE SMALL BUSINESS ACT —Effective on the transfer date subsection f of section 8127 of title 38 United States Code as amended by paragraph 1 is transferred to section 36 of the Small Business Act 15 U S C 657f and inserted so as to appear after subsection e 3 CONFORMING AMENDMENTS —The following amendments shall take effect on the transfer date H R 6395—392 A SMALL BUSINESS ACT —Section 3 q 2 C i III of the Small Business Act 15 U S C 632 q 2 C i III is amended by striking ‘‘section 8127 f of title 38 United States Code’’ and inserting ‘‘section 36’’ B TITLE 38 —Section 8128 of title 38 United States Code is amended by striking ‘‘maintained by the Secretary under section 8127 f of this title’’ and inserting ‘‘maintained by the Administrator of the Small Business Administration under section 36 of the Small Business Act’’ c ADDITIONAL REQUIREMENTS FOR DATABASE — 1 ADMINISTRATOR ACCESS TO DATABASE BEFORE THE TRANSFER DATE —During the period between the date of the enactment of this Act and the transfer date the Secretary of Veterans Affairs shall provide the Administrator of the Small Business Administration with access to the contents of the database described under section 8127 f of title 38 United States Code 2 RULE OF CONSTRUCTION —Nothing in this section or the amendments made by this section may be construed— A as prohibiting the Administrator of the Small Business Administration from combining the contents of the database described under section 8127 f of title 38 United States Code with other databases maintained by the Administration or B as requiring the Administrator to use any system or technology related to the database described under section 8127 f of title 38 United States Code on or after the transfer date to comply with the requirement to maintain a database under subsection f of section 36 of the Small Business Act as transferred pursuant to subsection b 2 of this section 3 RECOGNITION OF THE ISSUANCE OF JOINT REGULATIONS —The date specified under section 1832 e of the National Defense Authorization Act for Fiscal Year 2017 15 U S C 632 note shall be deemed to be October 1 2018 d PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS — 1 PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS —Section 36 of the Small Business Act 15 U S C 657f is amended— A by redesignating subsection d as paragraph 3 adjusting the margin accordingly and transferring such paragraph to subsection h of such section as added by subparagraph F of this paragraph so as to appear after paragraph 2 B by striking subsection e C by redesignating subsections a b and c as subsections c d and e respectively D by inserting before subsection c as so redesignated the following new subsections ‘‘ a CONTRACTING OFFICER DEFINED —For purposes of this section the term ‘contracting officer’ has the meaning given such term in section 2101 of title 41 United States Code ‘‘ b CERTIFICATION OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS —With respect to a procurement program or preference established under this Act that applies to prime contractors the Administrator shall— H R 6395—393 ‘‘ 1 certify the status of a concern as a small business concern owned and controlled by service-disabled veterans and ‘‘ 2 require the periodic recertification of such status ’’ E in subsection d as so redesignated by inserting ‘‘certified under subsection b ’’ before ‘‘if the contracting officer’’ F by adding at the end the following new subsections ‘‘ g CERTIFICATION REQUIREMENT —Notwithstanding subsection c a contracting officer may only award a sole source contract to a small business concern owned and controlled by service-disabled veterans or a contract on the basis of competition restricted to small business concerns owned and controlled by service-disabled veterans if such a concern is certified by the Administrator as a small business concern owned and controlled by service-disabled veterans ‘‘ h ENFORCEMENT PENALTIES — ‘‘ 1 VERIFICATION OF ELIGIBILITY —In carrying out this section the Administrator shall establish procedures relating to— ‘‘ A the filing investigation and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under this section including a challenge filed by an interested party relating to the veracity of a certification made or information provided to the Administration by a small business concern under subsection b and ‘‘ B verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection b ‘‘ 2 EXAMINATIONS —The procedures established under paragraph 1 shall provide for a program of examinations by the Administrator of any small business concern making a certification or providing information to the Administrator under subsection b to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection b ‘‘ i PROVISION OF DATA —Upon the request of the Administrator the head of any Federal department or agency shall promptly provide to the Administrator such information as the Administrator determines to be necessary to carry out subsection b or to be able to certify the status of the concern as a small business concern owned and controlled by veterans under section 36A ’’ and G in paragraph 3 of subsection h as redesignated and transferred by subparagraph A of this paragraph by inserting ‘‘and section 36A’’ before the period at the end 2 PENALTIES FOR MISREPRESENTATION —Section 16 of the Small Business Act 15 U S C 645 is amended— A in subsection d 1 — i in the matter preceding subparagraph A — I by striking the comma that immediately follows another comma and II by striking ‘‘ a ‘small’’ and inserting ‘‘ a ‘small business concern owned and controlled H R 6395—394 by service-disabled veterans’ a ‘small business concern owned and controlled by veterans’ a ‘small’’ and ii in subparagraph A by striking ‘‘9 15 or 31’’ and inserting ‘‘8 9 15 31 36 or 36A’’ and B in subsection e — i by striking the comma that immediately follows another comma and ii by striking ‘‘ a ‘small’’ and inserting ‘‘ a ‘small business concern owned and controlled by service-disabled veterans’ a ‘small business concern owned and controlled by veterans’ a ‘small’’ e CERTIFICATION FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS —The Small Business Act 15 U S C 631 et seq is amended by inserting after section 36 the following new section ‘‘SEC 36A CERTIFICATION OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS ‘‘ a IN GENERAL —With respect to the program established under section 8127 of title 38 United States Code the Administrator shall— ‘‘ 1 certify the status of a concern as a small business concern owned and controlled by veterans and ‘‘ 2 require the periodic recertification of such status ‘‘ b ENFORCEMENT PENALTIES — ‘‘ 1 VERIFICATION OF ELIGIBILITY —In carrying out this section the Administrator shall establish procedures relating to— ‘‘ A the filing investigation and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under section 36 including a challenge filed by an interested party relating to the veracity of a certification made or information provided to the Administration by a small business concern under subsection a and ‘‘ B verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection a ‘‘ 2 EXAMINATION OF APPLICANTS —The procedures established under paragraph 1 shall provide for a program of examinations by the Administrator of any small business concern making a certification or providing information to the Administrator under subsection a to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection a ’’ f STATUS OF SELF-CERTIFIED SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS — 1 IN GENERAL —Notwithstanding any other provision of law any small business concern as defined under section 3 of the Small Business Act 15 U S C 632 that self-certified as a small business concern owned and controlled by servicedisabled veterans as defined in section 36 of such Act 15 U S C 657f shall— A if the concern files a certification application with the Administrator of the Small Business Administration H R 6395—395 before the end of the 1-year period beginning on the transfer date maintain such self-certification until the Administrator makes a determination with respect to such certification and B if the concern does not file such a certification application before the end of the 1-year period beginning on the transfer date lose at the end of such 1-year period any self-certification of the concern as a small business concern owned and controlled by service-disabled veterans 2 NON-APPLICABILITY TO DEPARTMENT OF VETERANS AFFAIRS —Paragraph 1 shall not apply to participation in contracts including subcontracts with the Department of Veterans Affairs 3 NOTICE —The Administrator shall notify any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans about the requirements of this section and the amendments made by this section including the transfer date and make such notice publicly available on the date of the enactment of this Act g TRANSFER OF THE CENTER FOR VERIFICATION AND EVALUATION OF THE DEPARTMENT OF VETERANS AFFAIRS TO THE SMALL BUSINESS ADMINISTRATION — 1 DEFINITION —In this subsection the term ‘‘function’’— A means any duty obligation power authority responsibility right privilege activity or program and B does not include employees 2 ABOLISHMENT —The Center for Verification and Evaluation of the Department of Veterans Affairs as defined under section 74 1 of title 38 Code of Federal Regulations is abolished effective on the transfer date 3 TRANSFER OF FUNCTIONS —Effective on the transfer date all functions that immediately before the transfer date were functions of the Center for Verification and Evaluation shall be functions of the Small Business Administration 4 TRANSFER OF ASSETS —So much of the property including contracts for the procurement of property or services and records used held available or to be made available in connection with a function transferred under this subsection shall be available to the Small Business Administration at such time or times as the President directs for use in connection with the functions transferred 5 SAVINGS PROVISIONS — A CONTINUING EFFECT OF LEGAL DOCUMENTS —All orders determinations rules regulations permits agreements grants contracts certificates licenses registrations privileges and other administrative actions— i which have been issued made granted or allowed to become effective by the President any Federal agency or official thereof or by a court of competent jurisdiction in the performance of functions which are transferred under this subsection and ii which are in effect on the transfer date or were final before the transfer date and are to become effective on or after the transfer date shall continue in effect according to their terms until modified terminated superseded set aside or revoked in accordance with law by the President the Administrator H R 6395—396 of the Small Business Administration or other authorized official a court of competent jurisdiction or by operation of law B PROCEEDINGS NOT AFFECTED —The provisions of this subsection shall not affect any proceedings including notices of proposed rulemaking or any application for any license permit certificate or financial assistance pending before the Department of Veterans Affairs on the transfer date with respect to functions transferred by this subsection but such proceedings and applications shall be continued Orders shall be issued in such proceedings appeals shall be taken therefrom and payments shall be made pursuant to such orders as if this subsection had not been enacted and orders issued in any such proceedings shall continue in effect until modified terminated superseded or revoked by a duly authorized official by a court of competent jurisdiction or by operation of law Nothing in this subparagraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subsection had not been enacted C SUITS NOT AFFECTED —The provisions of this subsection shall not affect suits commenced before the transfer date and in all such suits proceedings shall be had appeals taken and judgments rendered in the same manner and with the same effect as if this subsection had not been enacted D NONABATEMENT OF ACTIONS —No suit action or other proceeding commenced by or against the Department of Veterans Affairs or by or against any individual in the official capacity of such individual as an officer of the Department of Veterans Affairs shall abate by reason of the enactment of this subsection E ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION OF REGULATIONS —Any administrative action relating to the preparation or promulgation of a regulation by the Department of Veterans Affairs relating to a function transferred under this subsection may be continued by the Administrator of the Small Business Administration with the same effect as if this subsection had not been enacted F EFFECT ON PERSONNEL —The Secretary of Veterans Affairs shall appoint any employee represented by a labor organization accorded exclusive recognition under section 7111 of title 5 United States Code that is affected by the transfer of functions under this subsection to a position of a continuing nature for which the employee is qualified at a grade and compensation not lower than the current grade and compensation of the employee 6 REFERENCES —Any reference in any other Federal law Executive order rule regulation or delegation of authority or any document of or pertaining to a function of the Center for Verification and Evaluation that is transferred under this subsection is deemed after the transfer date to refer to the Small Business Administration h REPORT —Not later than 1 year after the date of the enactment of this Act and every 6 months thereafter until the transfer H R 6395—397 date the Administrator of the Small Business Administration and Secretary of Veterans Affairs shall jointly submit to the Committee on Appropriations the Committee on Small Business and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Appropriations the Committee on Small Business and Entrepreneurship and the Committee on Veterans’ Affairs of the Senate a report on the planning for the transfer of functions and property required under this section and the amendments made by this section on the transfer date which shall include— 1 a discussion of whether and how the verification database and operations of the Center for Verification and Evaluation of the Department of Veterans Affairs will be incorporated into the existing certification database of the Small Business Administration 2 projections for the numbers and timing in terms of fiscal year of— A already verified concerns that will come up for recertification and B self-certified concerns that are expected to apply for certification 3 an explanation of how outreach to veteran service organizations the service-disabled veteran-owned and veteranowned small business community and other stakeholders will be conducted and 4 other pertinent information determined by the Administrator and the Secretary SEC 863 EMPLOYMENT SIZE STANDARD REQUIREMENTS FOR SMALL BUSINESS CONCERNS a IN GENERAL —Section 3 a 2 of the Small Business Act 15 U S C 632 a 2 is amended— 1 in subparagraph A by inserting ‘‘and subject to the requirements specified under subparagraph C ’’ after ‘‘paragraph 1 ’’ and 2 in subparagraph C — A by inserting ‘‘ including the Administration when acting pursuant to subparagraph A ’’ after ‘‘no Federal department or agency’’ and B in clause ii I by striking ‘‘12 months’’ and inserting ‘‘24 months’’ b EFFECTIVE DATE —This section and the amendments made by this section shall take effect 1 year after the date of the enactment of this Act SEC 864 MAXIMUM AWARD PRICE FOR SOLE SOURCE MANUFACTURING CONTRACTS The Small Business Act 15 U S C 631 et seq is amended— 1 in section 8 15 U S C 637 — A in subsection a 1 D i II by striking ‘‘$5 000 000’’ and inserting ‘‘$7 000 000’’ and B in subsection m — i in paragraph 7 B i by striking ‘‘$6 500 000’’ and inserting ‘‘$7 000 000’’ and ii in paragraph 8 B i by striking ‘‘$6 500 000’’ and inserting ‘‘$7 000 000’’ 2 in section 31 c 2 A ii I 15 U S C 657a c 2 A ii I by striking ‘‘$5 000 000’’ and inserting ‘‘$7 000 000’’ and H R 6395—398 3 in section 36 c 2 A as so redesignated by section 862 d 1 C by striking ‘‘$5 000 000’’ and inserting ‘‘$7 000 000’’ SEC 865 REPORTING REQUIREMENT ON EXPENDITURE AMOUNTS FOR THE SMALL BUSINESS INNOVATION RESEARCH PROGRAM AND THE SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM Section 9 of the Small Business Act 15 U S C 638 is amended— 1 in subsection b 7 — A in subparagraph F by striking ‘‘and’’ at the end B in subparagraph G by adding ‘‘and’’ after the semicolon at the end and C by adding at the end the following ‘‘ H with respect to a Federal agency to which subsection f 1 or n 1 applies whether the Federal agency has complied with the applicable subsection for the year covered by the report ’’ 2 in subsection g 10 by inserting ‘‘ which section shall describe whether or not the Federal agency complied with the requirements of subsection f for the year covered by that plan and include a justification for failure to comply if applicable ’’ after ‘‘a section on its SBIR program’’ and 3 in subsection o 8 by inserting ‘‘ which section shall describe whether or not the Federal agency complied with the requirements of subsection n for the year covered by that plan and include a justification for failure to comply if applicable ’’ after ‘‘a section on its STTR program’’ SEC 866 SMALL BUSINESSES IN TERRITORIES OF THE UNITED STATES a DEFINITION OF COVERED TERRITORY BUSINESS — 1 IN GENERAL —Section 3 of the Small Business Act 15 U S C 632 is amended by adding at the end the following new subsection ‘‘ ff COVERED TERRITORY BUSINESS —In this Act the term ‘covered territory business’ means a small business concern that has its principal office located in one of the following ‘‘ 1 The United States Virgin Islands ‘‘ 2 American Samoa ‘‘ 3 Guam ‘‘ 4 The Northern Mariana Islands ’’ 2 CONFORMING AMENDMENT —Section 15 x of the Small Business Act 15 U S C 644 x is amended by striking paragraph 3 b PRIORITY FOR SURPLUS PROPERTY TRANSFERS —Section 7 j 13 F iii of the Small Business Act 15 U S C 636 j 13 F iii is amended— 1 in subclause I by striking ‘‘means’’ and all that follows through the period at the end and inserting the following ‘‘means— ‘‘ aa in the case of a Puerto Rico business the period beginning on August 13 2018 and ending on the date on which the Oversight Board established under section 2121 of title 48 terminates and ‘‘ bb in the case of a covered territory business the period beginning on the date of the enactment H R 6395—399 of this item and ending on the date that is 4 years after such date of enactment ’’ and 2 in subclause II — A by inserting ‘‘or a covered territory business’’ after ‘‘a Puerto Rico business’’ and B by striking ‘‘the Puerto Rico business’’ each place it appears and inserting ‘‘either such business’’ c CONTRACTING INCENTIVES FOR PROTEGE FIRMS THAT ARE COVERED TERRITORY BUSINESSES — 1 CONTRACTING INCENTIVES —Section 45 a of the Small Business Act 15 U S C 657r a is amended by adding at the end the following new paragraph ‘‘ 4 COVERED TERRITORY BUSINESSES —During the period beginning on the date of the enactment of this paragraph and ending on the date that is 4 years after such date of enactment the Administrator shall identify potential incentives to a covered territory mentor that awards a subcontract to its covered territory protege including— ‘‘ A positive consideration in any past performance evaluation of the covered territory mentor and ‘‘ B the application of costs incurred for providing training to such covered territory protege to the subcontracting plan as required under paragraph 4 or 5 of section 8 d of the covered territory mentor ’’ 2 MENTOR-PROTEGE RELATIONSHIPS —Section 45 b 3 A of the Small Business Act 15 U S C 657r b 3 A is amended by striking ‘‘relationships are’’ and all that follows through the period at the end and inserting the following ‘‘relationships— ‘‘ i are between a covered protege and a covered mentor or ‘‘ ii are between a covered territory protege and a covered territory mentor ’’ 3 DEFINITIONS —Section 45 d of the Small Business Act 15 U S C 657r d is amended by adding at the end the following new paragraphs ‘‘ 6 COVERED TERRITORY MENTOR —The term ‘covered territory mentor’ means a mentor that enters into an agreement under this Act or under any mentor-protege program approved under subsection b 1 with a covered territory protege ‘‘ 7 COVERED TERRITORY PROTEGE —The term ‘covered territory protege’ means a protege of a covered territory mentor that is a covered territory business ’’ SEC 867 ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS FOR CERTAIN SMALL BUSINESS ADMINISTRATION PROGRAMS The Small Business Act 15 U S C 631 et seq is amended— 1 in section 21 a — A in paragraph 1 by inserting before ‘‘The Administration shall require’’ the following ‘‘The previous sentence shall not apply to an applicant that has its principal office located in the Commonwealth of the Northern Mariana Islands ’’ and B in paragraph 4 C ix by striking ‘‘and American Samoa’’ and inserting ‘‘American Samoa and the Commonwealth of the Northern Mariana Islands’’ and H R 6395—400 2 in section 34 a 9 by striking ‘‘and American Samoa’’ and inserting ‘‘American Samoa and the Commonwealth of the Northern Mariana Islands’’ SEC 868 PAST PERFORMANCE RATINGS OF CERTAIN SMALL BUSINESS CONCERNS a PAST PERFORMANCE RATINGS OF JOINT VENTURES FOR SMALL BUSINESS CONCERNS —Section 15 e of the Small Business Act 15 U S C 644 e is amended by adding at the end the following new paragraph ‘‘ 5 PAST PERFORMANCE RATINGS OF JOINT VENTURES FOR SMALL BUSINESS CONCERNS —With respect to evaluating an offer for a prime contract made by a small business concern that previously participated in a joint venture with another business concern whether or not such other business concern was a small business concern the Administrator shall establish regulations— ‘‘ A allowing the small business concern to elect to use the past performance of the joint venture if the small business concern has no relevant past performance of its own ‘‘ B requiring the small business concern when making an election under subparagraph A — ‘‘ i to identify to the contracting officer the joint venture of which the small business concern was a member and ‘‘ ii to inform the contracting officer what duties and responsibilities the small business concern carried out as part of the joint venture and ‘‘ C requiring a contracting officer if the small business concern makes an election under subparagraph A to consider the past performance of the joint venture when evaluating the past performance of the small business concern giving due consideration to the information provided under subparagraph B ii ’’ b PAST PERFORMANCE RATINGS OF FIRST-TIER SMALL BUSINESS SUBCONTRACTORS —Section 8 d 17 of the Small Business Act 15 U S C 637 d l7 is amended to read as follows ‘‘ 17 PAST PERFORMANCE RATINGS FOR CERTAIN SMALL BUSINESS SUBCONTRACTORS —Upon request by a small business concern that performed as a first tier subcontractor on a covered contract as defined in paragraph 13 A the prime contractor for such covered contract shall submit to such small business concern a record of past performance for such small business concern with respect to such covered contract If a small business concern elects to use such record of past performance a contracting officer shall consider such record of past performance when evaluating an offer for a prime contract made by such small business concern ’’ c RULEMAKING —Not later than 120 days after the date of the enactment of this Act the Administrator of the Small Business Administration shall issue rules to carry out this section and the amendments made by this section SEC 869 EXTENSION OF PARTICIPATION IN 8 A PROGRAM a IN GENERAL —The Administrator of the Small Business Administration shall ensure that a small business concern participating in the program established under section 8 a of the Small H R 6395—401 Business Act 15 U S C 637 on or before September 9 2020 may elect to extend such participation by a period of 1 year regardless of whether such concern previously elected to suspend participation in such program pursuant to guidance of the Administrator b EMERGENCY RULEMAKING AUTHORITY —Not later than 15 days after the date of enactment of this section the Administrator shall issue regulations to carry out this section without regard to the notice requirements under section 553 b of title 5 United States Code SEC 870 COMPLIANCE OF OFFICES OF SMALL BUSINESS AND DISADVANTAGED BUSINESS UTILIZATION a REPORT —If the Comptroller General of the United States has determined that a Director of Small and Disadvantaged Business Utilization of a Federal agency is not in compliance with the requirements of section 15 k of the Small Business Act 15 U S C 644 k such Director shall submit not later than the specified date to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that includes the reasons for such noncompliance and the specific actions the Director shall take to remedy such noncompliance b SPECIFIED DATE DEFINED —In this section the term ‘‘specified date’’ means the later of— 1 the date that is 120 days after the date on which a determination is made under subsection a and 2 120 days after the date of the enactment of this Act SEC 871 CATEGORY MANAGEMENT TRAINING a IN GENERAL —Not later than 8 months after the date of the enactment of this section the Administrator of the Small Business Administration in coordination with the Administrator of the Office of Federal Procurement Policy and any other head of a Federal agency as determined by the Administrator shall develop a training curriculum on category management for staff of Federal agencies with procurement or acquisition responsibilities Such training shall include— 1 best practices for procuring goods and services from small business concerns as defined under section 3 of the Small Business Act 15 U S C 632 and 2 information on avoiding conflicts with the requirements of the Small Business Act 15 U S C 631 et seq b USE OF CURRICULUM —The Administrator of the Small Business Administration— 1 shall ensure that staff for Federal agencies described in subsection a receive the training described in such subsection and 2 may request the assistance of the relevant Director of Small and Disadvantaged Business Utilization as described in section 15 k of the Small Business Act 15 U S C 644 k to carry out the requirements of paragraph 1 c SUBMISSION TO CONGRESS —The Administrator of the Small Business Administration shall provide a copy of the training curriculum developed under subsection a to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate H R 6395—402 d CATEGORY MANAGEMENT DEFINED —In this section the term ‘‘category management’’ has the meaning given by the Director of the Office of Management and Budget Subtitle F—Other Matters SEC 881 REVIEW OF AND REPORT ON OVERDUE ACQUISITION AND CROSS-SERVICING AGREEMENT TRANSACTIONS a REVIEW —The Secretary of Defense acting through the official designated to provide oversight of acquisition and cross-servicing agreements under section 2342 f of title 10 United States Code shall conduct a review of acquisition and cross-servicing agreement transactions for which reimbursement to the United States is overdue under section 2345 of such title b REPORT — 1 IN GENERAL —Not later than March 1 2021 the designated official described in subsection a shall submit to the congressional defense committees a report on the results of the review of acquisition and cross-servicing agreement transactions described in such subsection 2 ELEMENTS —The report required by paragraph 1 shall include the following A For each such transaction valued at $1 000 000 or more for which reimbursement to the United States was overdue as of October 1 2020— i the total amount of the transaction ii the unreimbursed balance of the transaction iii the date on which the transaction was originally made iv the date on which the most recent request for payment was sent to the relevant foreign government or international organization and v a plan for securing reimbursement from the foreign government or international organization B A description of the steps taken to implement the recommendations made in the March 4 2020 report of the Government Accountability Office titled ‘‘Defense Logistics Agreements DOD Should Improve Oversight and Seek Payment from Foreign Partners for Thousands of Orders It Identifies as Overdue’’ including efforts to validate data reported under this subsection and in the system of the Department of Defense to record data on acquisition and cross-servicing agreement transactions C The amount of reimbursement received from a foreign government or international organization as applicable for each order— i for which the reimbursement is recorded as overdue in the system of the Department of Defense to record data on acquisition and cross-servicing agreement transactions and ii that was authorized during the period beginning on October 1 2013 and ending on September 30 2020 D A plan for improving recordkeeping of acquisition and cross-servicing agreement transactions and ensuring H R 6395—403 timely reimbursement by a foreign government or international organization E Any other matter considered relevant by the designated official described in subsection a SEC 882 DOMESTIC COMPARATIVE TESTING ACTIVITIES Section 2350a g of title 10 United States Code is amended— 1 in paragraph 1 — A in subparagraph A — i by striking ‘‘conventional defense equipment munitions and technologies manufactured and developed by countries referred to in subsection a 2 ’’ and inserting ‘‘covered equipment munitions and technologies’’ and ii by striking ‘‘such equipment munitions and technologies’’ and inserting ‘‘such covered equipment munitions and technologies’’ and B in subparagraph B by inserting ‘‘such covered’’ before ‘‘equipment munitions and technologies’’ 2 in paragraph 2 by striking ‘‘equipment munitions and technologies of the type described in paragraph 1 ’’ and inserting ‘‘covered equipment munitions and technologies’’ and 3 by adding at the end the following new paragraph ‘‘ 4 COVERED EQUIPMENT MUNITIONS AND TECHNOLOGIES DEFINED —In this subsection the term ‘covered equipment munitions and technologies’ means— ‘‘ A conventional defense equipment munitions and technologies manufactured and developed by countries referred to in subsection a 2 and ‘‘ B conventional defense equipment munitions and technologies manufactured and developed domestically ’’ SEC 883 PROHIBITION ON AWARDING OF CONTRACTS TO CONTRACTORS THAT REQUIRE NONDISCLOSURE AGREEMENTS RELATING TO WASTE FRAUD OR ABUSE a IN GENERAL —The Secretary of Defense may not award a contract for the procurement of goods or services to a contractor unless the contractor represents that— 1 it does not require its employees to sign internal confidentiality agreements or statements that would prohibit or otherwise restrict such employees from lawfully reporting waste fraud or abuse related to the performance of a Department of Defense contract to a designated investigative or law enforcement representative of the Department of Defense authorized to receive such information and 2 it will inform its employees of the limitations on confidentiality agreements and other statements described in paragraph 1 b RELIANCE ON REPRESENTATION —A contracting officer of the Department of Defense may rely on the representation of a contractor as to the requirements described under subsection a in awarding a contract unless the officer has reason to question the accuracy of the representation SEC 884 PROGRAM MANAGEMENT IMPROVEMENT OFFICERS AND PROGRAM MANAGEMENT POLICY COUNCIL Section 1126 of title 31 United States Code is amended— H R 6395—404 1 in subsection a 1 by inserting after ‘‘senior executive of the agency’’ the following ‘‘ who has significant program and project management oversight responsibilities ’’ and 2 in subsection b 4 by striking ‘‘twice’’ and inserting ‘‘four times’’ SEC 885 DISCLOSURE OF BENEFICIAL OWNERS IN DATABASE FOR FEDERAL AGENCY CONTRACT AND GRANT OFFICERS Section 2313 d of title 41 United States Code is amended— 1 in paragraph 3 by inserting ‘‘ and an identification of any beneficial owner of such corporation ’’ after ‘‘to the corporation’’ and 2 by adding at the end the following new paragraph ‘‘ 4 DEFINITIONS —In this subsection ‘‘ A BENEFICIAL OWNERSHIP —The term ‘beneficial ownership’ has the meaning given under section 847 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1505 10 U S C 2509 note ‘‘ B CORPORATION —The term ‘corporation’ means any corporation company limited liability company limited partnership business trust business association or other similar entity ’’ SEC 886 REPEAL OF PILOT PROGRAM ON PAYMENT OF COSTS FOR DENIED GOVERNMENT ACCOUNTABILITY OFFICE BID PROTESTS Section 827 of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 131 Stat 1467 10 U S C 2304 note is repealed SEC 887 AMENDMENTS TO SUBMISSIONS TO CONGRESS RELATING TO CERTAIN FOREIGN MILITARY SALES Section 887 b of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 22 U S C 2761 note is amended— 1 by striking ‘‘December 31 2021’’ each place it appears and inserting ‘‘December 31 2022’’ and 2 by adding at the end the following new paragraph ‘‘ 3 APPLICABILITY —The requirements of this subsection apply only to foreign military sales processes within the Department of Defense ’’ SEC 888 REVISION TO REQUIREMENT TO USE FIRM FIXED-PRICE CONTRACTS FOR FOREIGN MILITARY SALES Section 830 of the National Defense Authorization Act for Fiscal Year 2017 22 U S C 2762 note is repealed SEC 889 ASSESSMENT AND ENHANCEMENT OF NATIONAL SECURITY INNOVATION BASE a IN GENERAL —The Secretary of Defense shall assess the economic forces and structures shaping the capacity of the national security innovation base and develop policies to address such forces and structures b ELEMENTS —The assessment required under subsection a shall review the following matters as they pertain to the innovative and manufacturing capacity of the national security innovation base H R 6395—405 1 A detailed description of the entities comprising the national security innovation base and how they currently interact 2 Competition and antitrust policy 3 Immigration policy including the policies germane to the attraction and retention of skilled immigrants 4 Education funding and policy 5 Demand stabilization and social safety net policies 6 The structure and incentives of financial markets and the effects of such on the access of businesses to credit 7 Trade policy including export control policy and trade remedies 8 The tax code and its effect on investment including the Federal research and development tax credit 9 Regulatory policy including with respect to land use environmental impact and construction and manufacturing activities 10 Economic and manufacturing infrastructure 11 Intellectual property policy 12 Federally funded investments in the economy including investments in research and development and advanced manufacturing 13 Federally funded purchases of goods and services 14 Federally funded investments to expand domestic manufacturing capabilities 15 Coordination and collaboration with allies and partners 16 Measures to protect technological advantages over adversaries and to counteract hostile or destabilizing activity by adversaries 17 Other matters as the Secretary of Defense deems appropriate c ENGAGEMENT WITH CERTAIN ENTITIES —In conducting the assessment required under subsection a the Secretary of Defense shall engage through appropriate mechanisms with— 1 the Defense Science Board 2 the Defense Innovation Board 3 the Defense Business Board 4 entities representing industry interests and 5 entities representing labor interests d SUBMISSION OF ASSESSMENT —Not later than March 1 2022 the Secretary of Defense shall submit to the President the Director of the Office of Management and Budget the Assistant to the President for National Security Affairs the Director of the National Economic Council and the congressional defense committees the assessment required under subsection a together with recommendations and any additional views of the Secretary SEC 890 IDENTIFICATION OF CERTAIN CONTRACTS RELATING TO CONSTRUCTION OR MAINTENANCE OF A BORDER WALL With respect to contract actions reported to the Federal Procurement Data system established pursuant to section 1122 a 4 of title 41 United States Code or any successor system the Secretary of Defense shall identify any contracts including any task order contract as defined in section 2304d of title 10 United States Code and any modifications to a contract entered into by the Secretary relating to the construction or maintenance of H R 6395—406 a barrier along the international border between the United States and Mexico that have an estimated value greater than or equal to $7 000 000 SEC 891 WAIVERS OF CERTAIN CONDITIONS FOR PROGRESS PAYMENTS UNDER CERTAIN CONTRACTS DURING THE COVID– 19 NATIONAL EMERGENCY a WAIVER OF PROGRESS PAYMENTS REQUIREMENTS —The Secretary of Defense may waive the requirements of section 2307 e 2 of title 10 United States Code with respect to progress payments for any undefinitized contractual action as defined in section 2326 of title 10 United States Code in this section referred to as ‘‘UCA’’ if the Secretary determines that the waiver is necessary due to the national emergency for the Coronavirus Disease 2019 COVID– 19 and— 1 a contractor performing the contract for which a UCA is entered into has not already received increased progress payments from the Secretary of Defense on contractual actions other than UCAs or 2 a contractor performing the contract for which a UCA is entered into and that has received increased progress payments from the Secretary of Defense on contractual actions other than UCAs can demonstrate that the contractor has promptly provided the amount of the increase to any subcontractors at any tier small business concerns as defined under section 3 of the Small Business Act 15 U S C 632 or suppliers of the contractor b DEFINITIZATION —With respect to a UCA that not been definitized for a period of 180 days beginning on the date on which such UCA was entered into the Secretary of Defense may only use the waiver authority described in subsection a if the Secretary or a designee at a level not below the head of a contracting activity provides a certification to the congressional defense committees that such UCA will be definitized within 60 days after the date on which the waiver is issued c SUBMISSION —For each use of the waiver authority under subsection a the Secretary of Defense shall submit to the congressional defense committees an estimate of the amounts to be provided to subcontractors at any tier small business concerns and suppliers including an identification of the specific entities receiving an amount from an increased progress payment described under such subsection a 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 H R 6395—407 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 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 a REPEAL OF POSITION — 1 IN GENERAL —Section 132a of title 10 United States Code is repealed 2 CONFORMING REPEALS —The following provisions of law are repealed A Paragraph 2 of section 131 b of title 10 United States Code B Section 910 of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 131 Stat 1516 3 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 4 of title 10 United States Code is amended by striking the item relating to section 132a 4 EFFECTIVE DATE —The repeals and amendments made by this subsection shall take effect on the date of the enactment of this Act b IMPLEMENTATION —Not later than one year after the date of the enactment of this Act— 1 each duty or responsibility that remains assigned to the Chief Management Officer of the Department of Defense shall be transferred to an officer or employee of the Department of Defense designated by the Secretary of Defense except that any officer or employee so designated may not be an individual who served as the Chief Management Officer before the date of the enactment of this Act and 2 the personnel functions and assets of the Office of the Chief Management Officer shall be transferred to such other organizations and elements of the Department as the Secretary considers appropriate H R 6395—408 c REFERENCES —Any reference in any law regulation guidance instruction or other document of the Federal Government to the Chief Management Officer of the Department of Defense shall be deemed to refer to the applicable officer or employee of the Department of Defense designated by the Secretary of Defense under subsection b 1 d REPORT —Not later than one year after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees a report that sets forth such recommendations for legislative action as the Secretary considers appropriate for modifications to law to carry out this section and the repeals and amendments made by this section SEC 902 ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT AND RELATED MATTERS a IN GENERAL — 1 CLARIFICATION OF CHAIN OF ADMINISTRATIVE COMMAND —Section 138 b 2 of title 10 United States Code is amended— A by redesignating clauses i ii and iii of subparagraph B as subclauses I II and III respectively B by redesignating subparagraphs A and B as clauses i and ii respectively C by inserting ‘‘ A ’’ after ‘‘ 2 ’’ D in clause i of subparagraph A as redesignated by this paragraph by inserting before the period at the end the following ‘‘through the administrative chain of command specified in section 167 f of this title ’’ and E by adding at the end the following new subparagraph ‘‘ B In the discharge of the responsibilities specified in subparagraph A i the Assistant Secretary is immediately subordinate to the Secretary of Defense Unless otherwise directed by the President no officer below the Secretary may intervene to exercise authority direction or control over the Assistant Secretary in the discharge of such responsibilities ’’ 2 TECHNICAL AMENDMENT —Subparagraph A of such section as redesignated by paragraph 1 is further amended in the matter preceding clause i as so redesignated by striking ‘‘section 167 j ’’ and inserting ‘‘section 167 k ’’ b FULFILLMENT OF SPECIAL OPERATIONS RESPONSIBILITIES — 1 IN GENERAL —Section 139b of title 10 United States Code is amended to read as follows ‘‘§ 139b Secretariat for Special Operations Special Operations Policy and Oversight Council ‘‘ a SECRETARIAT FOR SPECIAL OPERATIONS — ‘‘ 1 IN GENERAL —In order to fulfill the responsibilities of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict specified in section 138 b 2 A i of this title there shall be within the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict an office to be known as the ‘Secretariat for Special Operations’ ‘‘ 2 PURPOSE —The purpose of the Secretariat is to assist the Assistant Secretary in exercising authority direction and H R 6395—409 control with respect to the special operations-peculiar administration and support of the special operations command including the readiness and organization of special operations forces resources and equipment and civilian personnel as specified in such section ‘‘ 3 DIRECTOR —The Director of the Secretariat for Special Operations shall be appointed by the Secretary of Defense from among individuals qualified to serve as the Director An individual serving as Director shall while so serving be a member of the Senior Executive Service ‘‘ 4 ADMINISTRATIVE CHAIN OF COMMAND —For purposes of the support of the Secretariat for the Assistant Secretary in the fulfillment of the responsibilities referred to in paragraph 1 the administrative chain of command is as specified in section 167 f of this title Unless otherwise directed by the President no officer below the Secretary of Defense other than the Assistant Secretary may intervene to exercise authority direction or control over the Secretariat in its support of the Assistant Secretary in the discharge of such responsibilities ‘‘ b SPECIAL OPERATIONS POLICY AND OVERSIGHT COUNCIL — ‘‘ 1 IN GENERAL —In order to fulfill the responsibilities specified in section 138 b 2 A i of this title the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall establish and lead a team known as the ‘Special Operation Policy and Oversight Council’ in this subsection referred to as the ‘Council’ ‘‘ 2 PURPOSE —The purpose of the Council is to integrate the functional activities of the headquarters of the Department of Defense in order to most efficiently and effectively provide for special operations forces and capabilities In fulfilling this purpose the Council shall develop and continuously improve policy joint processes and procedures that facilitate the development acquisition integration employment and sustainment of special operations forces and capabilities ‘‘ 3 MEMBERSHIP —The Council shall include the following ‘‘ A The Assistant Secretary ‘‘ B Appropriate senior representatives of each of the following ‘‘ i The Under Secretary of Defense for Research and Engineering ‘‘ ii The Under Secretary of Defense for Acquisition and Sustainment ‘‘ iii The Under Secretary of Defense Comptroller ‘‘ iv The Under Secretary of Defense for Personnel and Readiness ‘‘ v The Under Secretary of Defense for Intelligence ‘‘ vi The General Counsel of the Department of Defense ‘‘ vii The other Assistant Secretaries of Defense under the Under Secretary of Defense for Policy ‘‘ viii The military departments ‘‘ ix The Joint Staff ‘‘ x The United States Special Operations Command H R 6395—410 ‘‘ xi Such other officers or Agencies elements or components of the Department of Defense as the Secretary of Defense considers appropriate ‘‘ 4 OPERATION —The Council shall operate continuously ’’ 2 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 4 of such title is amended by striking the item relating to section 139b and inserting the following new item ‘‘139b Secretariat for Special Operations Special Operations Policy and Oversight Council ’’ c DOD DIRECTIVE ON RESPONSIBILITIES OF ASD SOLIC — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall publish a Department of Defense directive establishing policy and procedures related to the exercise of authority direction and control of all special-operations peculiar administrative matters relating to the organization training and equipping of special operations forces by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict as specified by section 138 b 2 A i of title 10 United States Code as amended by subsection a 1 2 MATTERS FOR INCLUDING —The directive required by paragraph 1 shall include the following A A specification of responsibilities for coordination on matters affecting the organization training and equipping of special operations forces B An identification and specification of updates to applicable documents and instructions of the Department of Defense C Mechanisms to ensure the inclusion of the Assistant Secretary in all Departmental governance forums affecting the organization training and equipping of special operations forces D Such other matters as the Secretary considers appropriate 3 APPLICABILITY — The directive required by paragraph 1 shall apply throughout the Department of Defense to all components of the Department of Defense 4 LIMITATION ON AVAILABILITY OF CERTAIN FUNDING PENDING PUBLICATION —Of the amounts authorized to be appropriated by this Act for fiscal year 2021 for operation and maintenance Defense-wide and available for the Office of the Secretary of Defense not more than 75 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary publishes the directive required by paragraph 1 SEC 903 ASSISTANT SECRETARY OF DEFENSE FOR INDUSTRIAL BASE POLICY a INCREASE IN AUTHORIZED NUMBER OF ASSISTANT SECRETARIES OF DEFENSE —Subsection a 1 of section 138 of title 10 United States Code is amended by striking ‘‘13’’ and inserting ‘‘14’’ b ASSISTANT SECRETARY OF DEFENSE FOR INDUSTRIAL BASE POLICY —Subsection b of that section is amended by adding at the end the following new paragraph H R 6395—411 ‘‘ 6 One of the Assistant Secretaries is the Assistant Secretary of Defense for Industrial Base Policy The Assistant Secretary shall— ‘‘ A advise the Under Secretary of Defense for Acquisition and Sustainment on industrial base policies and ‘‘ B perform other duties as directed by the Under Secretary ’’ SEC 904 ASSISTANT SECRETARY OF DEFENSE INSTALLATIONS AND ENVIRONMENT FOR ENERGY a INCREASE IN AUTHORIZED NUMBER OF ASSISTANT SECRETARIES OF DEFENSE —Subsection a 1 of section 138 of title 10 United States Code as amended by section 903 of this Act is further amended by striking ‘‘14’’ and inserting ‘‘15’’ b ASSISTANT SECRETARY OF DEFENSE FOR ENERGY INSTALLATIONS AND ENVIRONMENT —Subsection b of that section as so amended is further amended by adding at the end the following new paragraph ‘‘ 7 One of the Assistant Secretaries is the Assistant Secretary of Defense for Energy Installations and Environment The principal duty of the Assistant Secretary shall be the overall supervision of matters relating to energy installations and the environment for the Department of Defense ’’ SEC 905 OFFICE OF LOCAL DEFENSE COMMUNITY COOPERATION a ACKNOWLEDGMENT IN LAW AND REDESIGNATION OF OFFICE OF ECONOMIC ADJUSTMENT AS OFFICE OF LOCAL DEFENSE COMMUNITY COOPERATION — 1 IN GENERAL —Chapter 4 of title 10 United States Code is amended by adding at the end the following new section ‘‘§ 146 Office of Local Defense Community Cooperation ‘‘ a IN GENERAL —There is in the Office of the Secretary of Defense an office to be known as the Office of Local Defense Community Cooperation in this section referred to as the ‘Office’ ‘‘ b DIRECTOR —The Office shall be headed by the Director of the Office of Local Defense Community Cooperation who shall be appointed by the Under Secretary of Defense for Acquisition and Sustainment from among civilian employees of the Federal Government or private individuals who have the following ‘‘ 1 Experience in the interagency in the Executive Branch ‘‘ 2 Experience in the administration and management of Federal grants programs ‘‘ c DUTIES —The Office shall— ‘‘ 1 serve as the office in the Department of Defense with primary responsibility for— ‘‘ A providing assistance to States counties municipalities regions and other communities to foster cooperation with military installations to enhance the military mission achieve facility and infrastructure savings and reduced operating costs address encroachment and compatible land use issues support military families and increase military civilian and industrial readiness and resiliency and ‘‘ B providing adjustment and diversification assistance to State and local governments under section 2391 b of this title to achieve the objectives described in subparagraph A H R 6395—412 ‘‘ 2 coordinate the provision of such assistance with other organizations and elements of the Department ‘‘ 3 provide support to the Economic Adjustment Committee established under Executive Order No 12788 57 Fed Reg 2213 10 U S C 2391 note or any successor to such Committee and ‘‘ 4 carry out such other activities as the Under Secretary of Defense for Acquisition and Sustainment considers appropriate ‘‘ d ANNUAL REPORT TO CONGRESS —Not later than June 1 each year the Director of the Office of Local Defense Community Cooperation shall submit to the congressional defense committees a report on the activities of the Office during the preceding year including the assistance provided pursuant to subsection c 1 during such year ’’ 2 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item ‘‘146 Office of Local Defense Community Cooperation ’’ b LIMITATION ON INVOLUNTARY SEPARATION OF PERSONNEL — No personnel of the Office of Local Defense Community Cooperation under section 146 of title 10 United States Code as added by subsection a may be involuntarily separated from service with that Office during the one-year period beginning on the date of the enactment of this Act except for cause c ADMINISTRATION OF PROGRAMS —Any program project or other activity administered by the Office of Economic Adjustment of the Department of Defense as of the date of the enactment of this Act shall be administered by the Office of Local Defense Community Cooperation under section 146 of title 10 United States Code as so added after that date SEC 906 INPUT FROM THE VICE CHIEF OF THE NATIONAL GUARD BUREAU TO THE JOINT REQUIREMENTS OVERSIGHT COUNCIL a IN GENERAL —Section 181 d of title 10 United States Code is amended by adding at the end the following new paragraph ‘‘ 4 INPUT FROM VICE CHIEF OF THE NATIONAL GUARD BUREAU —The Council shall seek and strongly consider the views of the Vice Chief of the National Guard Bureau regarding non-Federalized National Guard capabilities in support of homeland defense and civil support missions ’’ b TECHNICAL AMENDMENT —Paragraph 1 D of such section is amended by striking ‘‘the’’ and inserting ‘‘The’’ SEC 907 ASSIGNMENT OF RESPONSIBILITY FOR THE ARCTIC REGION WITHIN THE OFFICE OF THE SECRETARY OF DEFENSE The Assistant Secretary of Defense for International Security Affairs shall assign responsibility for the Arctic region to the Deputy Assistant Secretary of Defense for the Western Hemisphere or any other Deputy Assistant Secretary of Defense the Secretary of Defense considers appropriate SEC 908 MODERNIZATION OF PROCESS USED BY THE DEPARTMENT OF DEFENSE TO IDENTIFY TASK AND MANAGE CONGRESSIONAL REPORTING REQUIREMENTS a ONGOING ANALYSIS REQUIRED —The Assistant Secretary of Defense for Legislative Affairs shall conduct on an ongoing basis H R 6395—413 an analysis of the process used by the Department of Defense to identify reports to Congress required by annual national defense authorization Acts assign responsibility for preparation of such reports and manage the completion and delivery of such reports to Congress for the purpose of identifying mechanisms to optimize and otherwise modernize the process b CONSULTATION —The Assistant Secretary shall conduct the analysis required by subsection a with the assistance of and in consultation with the Chief Information Officer of the Department of Defense c ELEMENTS —The analysis required by subsection a shall include the following 1 A business process reengineering of the process described in subsection a 2 An assessment of applicable commercially available analytics tools technologies and services in connection with such business process reengineering 3 Such other actions as the Assistant Secretary considers appropriate for purposes of the analysis Subtitle B—Other Department of Defense Organization and Management Matters SEC 911 REFORM OF THE DEPARTMENT OF DEFENSE a REFORM OF THE DEPARTMENT OF DEFENSE — 1 IN GENERAL —Chapter 3 of title 10 United States Code is amended by inserting after section 125 the following new section ‘‘§ 125a Reform improvement of efficacy and efficiency ‘‘ a IN GENERAL —The Secretary of Defense shall take such action as is necessary to reform the Department of Defense to improve the efficacy and efficiency of the Department and to improve the ability of the Department to prioritize among and assess the costs and benefits of covered elements of reform ‘‘ b POLICY —The Secretary shall develop a policy and issue guidance to implement reform within the Department and to improve the ability of the Department to prioritize among and assess the costs and benefits of covered elements of reform ‘‘ c FRAMEWORK FOR REFORM — ‘‘ 1 IN GENERAL —Not later than February 1 2022 the Secretary shall establish policies guidance and a consistent reporting framework to measure the progress of the Department toward covered elements of reform including by establishing categories of reform consistent metrics and a process for prioritization of reform activities ‘‘ 2 SCOPE —The framework required by paragraph 1 may address duties under the following ‘‘ A Section 125 of this title ‘‘ B Section 192 of this title ‘‘ C Section 2222 of this title ‘‘ D Section 1124 of title 31 ‘‘ E Section 11319 of title 40 ‘‘ 3 CONSULTATION —The Secretary shall consult with the Deputy Secretary of Defense the Performance Improvement Officer of the Department of Defense the Chief Data Officer H R 6395—414 of the Department of Defense the Chief Information Officer of the Department of Defense and the financial managers of the military departments in carrying out activities under this subsection ‘‘ d COVERED ELEMENTS OF REFORM —For purposes of this section and the policies guidance and reporting framework required by subsection c covered elements of reform may include the following ‘‘ 1 Business systems modernization ‘‘ 2 Enterprise business operations process re-engineering ‘‘ 3 Expanded and modernized collection management dissemination and visualization of data to support decisionmaking at all levels of the enterprise ‘‘ 4 Improvements in workforce training and education and increasing capabilities of the Department workforce to support and execute reform activities and business processes ‘‘ 5 Improvements to decision-making processes to enable cost savings cost avoidance or investments to develop process improvements ‘‘ 6 Such other elements as the Secretary considers appropriate ‘‘ e ANNUAL REPORT —At the same time the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31 the Secretary shall using the policies guidance and reporting framework required by subsection c submit to the congressional defense committees a report including detailed narrative justifications and tradeoff analyses between options on the actions of the Department as follows ‘‘ 1 The activities expenditures and accomplishments carried out or made to effect reform under this section during the fiscal year in which such budget is submitted ‘‘ 2 The proposed activities expenditures and accomplishments to effect reform under this section and consistent with priorities established by the Secretary during the fiscal year covered by such budget and each of the four succeeding fiscal years ’’ 2 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 3 of such title is amended by inserting after the item relating to section 125 the following new item ‘‘125a Reform improvement of efficacy and efficiency ’’ b IMPLEMENTING POLICIES GUIDANCE AND REPORTING FRAMEWORK — 1 SUBMITTAL TO CONGRESS —Not later than March 1 2022 the Secretary of Defense shall submit to the congressional defense committees a report setting forth the policies guidance and reporting framework established pursuant to subsection c of section 125a of title 10 United States Code as added by subsection a of this section 2 UPDATE —Not later than 90 days after the date of the submittal to Congress of the report required by section 901 d of this Act the Secretary shall update the reporting framework referred to in paragraph 1 c COMPTROLLER GENERAL OF THE UNITED STATES REPORT — Not later than 270 days after the date of the submittal to Congress pursuant to subsection b of the policies guidance and reporting framework established pursuant to subsection c of section 125a of title 10 United States Code as so added the Comptroller H R 6395—415 General of the United States shall submit to the congressional defense committees a report setting forth an evaluation based on a review by the Comptroller General of such policies guidance and framework to the extent to which the categories and metrics in such policies guidance and reporting framework will enable consistent measurement of progress in reform and prioritization of reform of the Department SEC 912 LIMITATION ON REDUCTION OF CIVILIAN WORKFORCE Section 129a b of title 10 United States Code is amended by adding at the end the following ‘‘The Secretary may not reduce the civilian workforce programmed full-time equivalent levels unless the Secretary conducts an appropriate analysis of the impacts of such reductions on workload military force structure lethality readiness operational effectiveness stress on the military force and fully burdened costs ’’ SEC 913 CHIEF DIVERSITY OFFICER AND SENIOR ADVISORS FOR DIVERSITY AND INCLUSION a DEPARTMENT OF DEFENSE — 1 IN GENERAL —Chapter 4 of title 10 United States Code as amended by section 905 of this Act is further amended by adding at the end the following new section ‘‘§ 147 Chief Diversity Officer ‘‘ a CHIEF DIVERSITY OFFICER — 1 There is a Chief Diversity Officer of the Department of Defense who shall be appointed by the Secretary of Defense ‘‘ 2 The Chief Diversity Officer shall be appointed from among persons who have an extensive management or business background and experience with diversity and inclusion A person may not be appointed as Chief Diversity Officer within three years after relief from active duty as a commissioned officer of a regular component of an armed force ‘‘ 3 The Chief Diversity Officer shall report directly to the Secretary of Defense in the performance of the duties of the Chief Diversity Officer under this section ‘‘ b DUTIES —The Chief Diversity Officer— ‘‘ 1 is responsible for providing advice on policy oversight guidance and coordination for all matters of the Department of Defense related to diversity and inclusion ‘‘ 2 advises the Secretary of Defense the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters of diversity and inclusion ‘‘ 3 shall establish and maintain a Department of Defense strategic plan that publicly states a diversity definition vision and goals for the Department ‘‘ 4 shall define a set of strategic metrics that are directly linked to key organizational priorities and goals actionable and actively used to implement the strategic plan under paragraph 3 ‘‘ 5 shall advise in the establishment of training in diversity dynamics and training in practices for leading diverse groups effectively ‘‘ 6 shall advise in the establishment of a strategic plan for diverse participation by institutions of higher education including historically black colleges and universities and H R 6395—416 minority-serving institutions federally funded research and development centers and individuals in defense-related research development test and evaluation activities ‘‘ 7 shall advise in the establishment of a strategic plan for outreach to and recruiting from untapped locations and underrepresented demographic groups ‘‘ 8 shall coordinate with and be supported by the Office of People Analytics on studies assessments and related work relevant to diversity and inclusion and ‘‘ 9 shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe ’’ 2 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 4 of such title as so amended is further amended by adding at the end the following new item ‘‘147 Chief Diversity Officer ’’ b SENIOR ADVISORS FOR DIVERSITY AND INCLUSION FOR THE MILITARY DEPARTMENTS AND COAST GUARD — 1 APPOINTMENT REQUIRED —Each Secretary of a military department shall appoint within such military department a Senior Advisor for Diversity and Inclusion for such military department and for the Armed Force or Armed Forces under the jurisdiction of such Secretary The Commandant of the Coast Guard shall appoint a Senior Advisor for Diversity and Inclusion for the Coast Guard 2 QUALIFICATIONS AND LIMITATION —Each Senior Advisor for Diversity and Inclusion shall be appointed from among persons who have an extensive management or business background and experience with diversity and inclusion A person may not be appointed as Senior Advisor for Diversity and Inclusion within three years after relief from active duty as a commissioned officer of a regular component of an Armed Force 3 REPORTING —A Senior Advisor for Diversity and Inclusion shall report directly to the Secretary of the military department within which appointed The Senior Advisor for Diversity and Inclusion for the Coast Guard shall report directly to the Commandant of the Coast Guard 4 DUTIES —A Senior Advisor for Diversity and Inclusion with respect to the military department and Armed Force or Armed Forces concerned— A is responsible for providing advice guidance and coordination for all matters related to diversity and inclusion B shall advise in the establishment of training in diversity dynamics and training in practices for leading diverse groups effectively C shall advise and assist in evaluations and assessments of diversity D shall develop a strategic diversity and inclusion plan which plan shall be consistent with the strategic plan developed and maintained pursuant to subsection b 3 of section 147 of title 10 United States Code as added by subsection a of this section E shall develop strategic goals and measures of performance related to efforts to reflect the diverse population of the United States eligible to serve in the Armed Forces which goals and measures of performance shall H R 6395—417 be consistent with the strategic metrics defined pursuant to subsection b 4 of such section 147 and F shall perform such additional duties and exercise such powers as the Secretary of the military department concerned or the Commandant of the Coast Guard as applicable may prescribe c EFFECTIVE DATE —This section and the amendments made by this section shall take effect on February 1 2021 SEC 914 LIMITATION ON CONSOLIDATION OR TRANSITION TO ALTERNATIVE CONTENT DELIVERY METHODS WITHIN THE DEFENSE MEDIA ACTIVITY a IN GENERAL —No consolidation or transition to alternative content delivery methods may occur within the Defense Media Activity until a period of 180 days has elapsed following the date on which the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives a report that identifies key aspects of the business case for alternative content delivery and actions to mitigate risks relating to the following 1 The safety and security of members of the Armed Forces and their families 2 The cybersecurity or security of content delivery to members of the Armed Forces whether through— A vulnerabilities in the content delivery method concerned B vulnerabilities in the personal devices used by members or C vulnerabilities in the receivers or streaming devices necessary to accommodate the alternative content delivery method 3 Costs or personal financial liabilities to members of the Armed Forces or their families whether through monthly subscription fees or other tolls required to access digital content 4 Access to content with respect to bandwidth or other technical limitations where members of the Armed Forces receive content b DEFINITIONS —In this section 1 The term ‘‘alternative content delivery’’ means any method of the Defense Media Activity for the delivery of digital content that is different from a method used by the Activity as of the date of the enactment of this Act 2 The term ‘‘consolidation’’ when used with respect to the Defense Media Activity means any action to reduce or limit the functions personnel facilities or capabilities of the Activity including entering into contracts or developing plans for such reduction or limitation Subtitle C—Space Force Matters SEC 921 OFFICE OF THE CHIEF OF SPACE OPERATIONS a IN GENERAL —Chapter 908 of title 10 United States Code is amended by striking section 9083 and inserting the following new sections H R 6395—418 ‘‘§ 9083 Office of the Chief of Space Operations function composition ‘‘ a FUNCTION —There is in the executive part of the Department of the Air Force an Office of the Chief of Space Operations to assist the Secretary of the Air Force in carrying out the responsibilities of the Secretary ‘‘ b COMPOSITION —The Office of the Chief of Space Operations is composed of the following ‘‘ 1 The Chief of Space Operations ‘‘ 2 Other members of the Space Force and Air Force assigned or detailed to the Office of the Chief of Space Operations ‘‘ 3 Civilian employees in the Department of the Air Force assigned or detailed to the Office of the Chief of Space Operations ‘‘ c ORGANIZATION —Except as otherwise specifically prescribed by law the Office of the Chief of Space Operations shall be organized in such manner and the members of the Office of the Chief of Space Operations shall perform such duties and have such titles as the Secretary of the Air Force may prescribe ‘‘§ 9084 Office of the Chief of Space Operations general duties ‘‘ a PROFESSIONAL ASSISTANCE —The Office of the Chief of Space Operations shall furnish professional assistance to the Secretary the Under Secretary and the Assistant Secretaries of the Air Force and to the Chief of Space Operations ‘‘ b AUTHORITIES —Under the authority direction and control of the Secretary of the Air Force the Office of the Chief of Space Operations shall— ‘‘ 1 subject to subsections c and d of section 9014 of this title prepare for such employment of the Space Force and for such recruiting organizing supplying equipping including research and development training servicing mobilizing demobilizing administering and maintaining of the Space Force as will assist in the execution of any power duty or function of the Secretary of the Air Force or the Chief of Space Operations ‘‘ 2 investigate and report upon the efficiency of the Space Force and its preparation to support military operations by commanders of the combatant commands ‘‘ 3 prepare detailed instructions for the execution of approved plans and supervise the execution of those plans and instructions ‘‘ 4 as directed by the Secretary of the Air Force or the Chief of Space Operations coordinate the action of organizations of the Space Force and ‘‘ 5 perform such other duties not otherwise assigned by law as may be prescribed by the Secretary of the Air Force ’’ b TABLE OF SECTIONS —The table of sections at the beginning of chapter 908 of such title is amended by striking the item relating to section 9083 and inserting the following new items ‘‘9083 Office of the Chief of Space Operations function composition ‘‘9084 Office of the Chief of Space Operations general duties ’’ c EFFECTIVE DATE —The amendments made by this section shall take effect on the date on which the Secretary of the Air Force and the Chief of Space Operations jointly submit to the H R 6395—419 congressional defense committees a report detailing the functions that the headquarters staff of the Department of the Air Force will continue to perform in support of the Space Force d NO AUTHORIZATION OF ADDITIONAL MILITARY BILLETS — The Secretary shall establish the Office of the Chief of Space Operations under section 9083 of title 10 United States Code as amended by subsection a using military personnel otherwise authorized Nothing in this section or the amendments made by this section shall be construed to authorize additional military billets for the purposes of or in connection with the establishment of the Office of the Chief of Space Operations SEC 922 CLARIFICATION OF SPACE FORCE AND CHIEF OF SPACE OPERATIONS AUTHORITIES a COMPOSITION OF SPACE FORCE —Section 9081 of title 10 United States Code is amended by striking subsection b and inserting the following new subsection b ‘‘ b COMPOSITION —The Space Force consists of— ‘‘ 1 the Regular Space Force ‘‘ 2 all persons appointed or enlisted in or conscripted into the Space Force including those not assigned to units necessary to form the basis for a complete and immediate mobilization for the national defense in the event of a national emergency and ‘‘ 3 all Space Force units and other Space Force organizations including installations and supporting and auxiliary combat training administrative and logistic elements ’’ b FUNCTIONS —Section 9081 of title 10 United States Code is further amended— 1 by striking subsection c and inserting the following new subsection c ‘‘ c FUNCTIONS —The Space Force shall be organized trained and equipped to— ‘‘ 1 provide freedom of operation for the United States in from and to space ‘‘ 2 conduct space operations and ‘‘ 3 protect the interests of the United States in space ’’ and 2 by striking subsection d c CLARIFICATION OF CHIEF OF SPACE OPERATIONS AUTHORITIES —Section 9082 of title 10 United States Code is amended— 1 in subsection a — A in paragraph 1 by striking ‘‘general officers of the Air Force’’ and inserting ‘‘general flag or equivalent officers of the Space Force’’ and B by adding at the end the following new paragraphs ‘‘ 3 The President may appoint an officer as Chief of Space Operations only if— ‘‘ A the officer has had significant experience in joint duty assignments and ‘‘ B such experience includes at least one full tour of duty in a joint duty assignment as defined in section 664 d of this title as a general flag or equivalent officer of the Space Force ‘‘ 4 The President may waive paragraph 3 in the case of an officer if the President determines such action is necessary in the national interest ’’ H R 6395—420 2 in subsection b by striking ‘‘grade of general’’ and inserting ‘‘grade in the Space Force equivalent to the grade of general in the Army Air Force and Marine Corps or admiral in the Navy’’ and 3 in subsection d — A in paragraph 4 by striking ‘‘and’’ at the end B by redesignating paragraph 5 as paragraph 6 and C by inserting after paragraph 4 the following new paragraph 5 ‘‘ 5 perform duties prescribed for the Chief of Space Operations by sections 171 and 2547 of this title and other provision of law and’’ d REGULAR SPACE FORCE —Chapter 908 of title 10 United States Code as amended by section 921 of this Act is further amended by adding at the end the following new section ‘‘§ 9085 Regular Space Force composition ‘‘ a IN GENERAL —The Regular Space Force is the component of the Space Force that consists of persons whose continuous service on active duty in both peace and war is contemplated by law and of retired members of the Regular Space Force ‘‘ b COMPOSITION —The Regular Space Force includes— ‘‘ 1 the officers and enlisted members of the Regular Space Force and ‘‘ 2 the retired officers and enlisted members of the Regular Space Force ’’ e TABLE OF SECTIONS —The table of sections at the beginning of chapter 908 of title 10 United States Code as so amended is further amended by adding at the end the following new item ‘‘9085 Regular Space Force composition ’’ SEC 923 AMENDMENTS TO DEPARTMENT OF THE AIR FORCE PROVISIONS IN TITLE 10 UNITED STATES CODE a SUBTITLE — 1 HEADING —The heading of subtitle D of title 10 United States Code is amended to read as follows ‘‘Subtitle D—Air Force and Space Force’’ 2 TABLE OF SUBTITLES —The table of subtitles at the beginning of such title is amended is amended by striking the item relating to subtitle D and inserting the following new item ‘‘D Air Force and Space Force 9011’’ b ORGANIZATION — 1 SECRETARY OF THE AIR FORCE —Section 9013 of title 10 United States Code is amended— A in subsection f by inserting ‘‘and officers of the Space Force’’ after ‘‘Officers of the Air Force’’ and B in subsection g 1 by inserting ‘‘ members of the Space Force ’’ after ‘‘members of the Air Force’’ 2 OFFICE OF THE SECRETARY OF THE AIR FORCE —Section 9014 of such title is amended— A in subsection b by striking paragraph 4 and inserting the following new paragraph 4 H R 6395—421 ‘‘ 4 The Inspector General of the Department of the Air Force ’’ B in subsection c — i in paragraph 1 by striking ‘‘and the Air Staff’’ and inserting ‘‘ the Air Staff and the Office of the Chief of Space Operations’’ ii in paragraph 2 by inserting ‘‘or the Office of the Chief of Space Operations’’ after ‘‘the Air Staff’’ iii in paragraph 3 by striking ‘‘to the Chief of Staff and to the Air Staff’’ and all that follows through the end and inserting ‘‘to the Chief of Staff of the Air Force and the Air Staff and to the Chief of Space Operations and the Office of the Chief of Space Operations and shall ensure that each such office or entity provides the Chief of Staff and Chief of Space Operations such staff support as the Chief concerned considers necessary to perform the Chief’s duties and responsibilities ’’ and iv in paragraph 4 — I by inserting ‘‘and the Office of the Chief of Space Operations’’ after ‘‘the Air Staff’’ and II by inserting ‘‘and the Chief of Space Operations’’ after ‘‘Chief of Staff’’ C in subsection d — i in paragraph 1 by striking ‘‘and the Air Staff’’ and inserting ‘‘ the Air Staff and the Office of the Chief of Space Operations’’ ii in paragraph 2 by inserting ‘‘and the Office of the Chief of Space Operations’’ after ‘‘the Air Staff’’ and iii in paragraph 4 by striking ‘‘to the Chief of Staff of the Air Force and to the Air Staff’’ and all that follows through the end and inserting ‘‘to the Chief of Staff of the Air Force and the Air Staff and to the Chief of Space Operations and the Office of the Chief of Space Operations and shall ensure that each such office or entity provides the Chief of Staff and Chief of Space Operations such staff support as the Chief concerned considers necessary to perform the Chief’s duties and responsibilities ’’ and D in subsection e — i by striking ‘‘and the Air Staff’’ and inserting ‘‘ the Air Staff and the Office of the Chief of Space Operations’’ and ii by striking ‘‘to the other’’ and inserting ‘‘to any of the others’’ 3 SECRETARY OF THE AIR FORCE SUCCESSORS TO DUTIES — Section 9017 of such title is amended by adding at the end the following new paragraph ‘‘ 5 The Chief of Space Operations ’’ 4 INSPECTOR GENERAL —Section 9020 of such title is amended— A in subsection a — i by inserting ‘‘Department of the’’ after ‘‘Inspector General of the’’ and H R 6395—422 ii by inserting ‘‘or the general flag or equivalent officers of the Space Force’’ after ‘‘general officers of the Air Force’’ B in subsection b — i in the matter preceding paragraph 1 by striking ‘‘or the Chief of Staff’’ and inserting ‘‘ the Chief of Staff of the Air Force or the Chief of Space Operations’’ ii in paragraph 1 by inserting ‘‘Department of the’’ before ‘‘Air Force’’ and iii in paragraph 2 by striking ‘‘or the Chief of Staff’’ and inserting ‘‘ the Chief of Staff or the Chief of Space Operations’’ and C in subsection e by inserting ‘‘or the Space Force’’ before ‘‘for a tour of duty’’ 5 THE AIR STAFF FUNCTION COMPOSITION —Section 9031 b 8 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘of the Air Force’’ 6 SURGEON GENERAL APPOINTMENT DUTIES —Section 9036 b of such title is amended— A in paragraph 1 by striking ‘‘Secretary of the Air Force and the Chief of Staff of the Air Force on all health and medical matters of the Air Force’’ and inserting ‘‘Secretary of the Air Force the Chief of Staff of the Air Force and the Chief of Space Operations on all health and medical matters of the Air Force and the Space Force’’ and B in paragraph 2 — i by inserting ‘‘and the Space Force’’ after ‘‘of the Air Force’’ the first place it appears and ii by inserting ‘‘and members of the Space Force’’ after ‘‘of the Air Force’’ the second place it appears 7 JUDGE ADVOCATE GENERAL DEPUTY JUDGE ADVOCATE GENERAL APPOINTMENT DUTIES —Section 9037 of such title is amended— A in subsection e 2 B by inserting ‘‘or the Space Force’’ after ‘‘of the Air Force’’ and B in subsection f 1 by striking ‘‘the Secretary of the Air Force or the Chief of Staff of the Air Force’’ and inserting ‘‘the Secretary of the Air Force the Chief of Staff of the Air Force or the Chief of Space Operations’’ 8 CHIEF OF CHAPLAINS APPOINTMENT DUTIES —Section 9039 a of such title is amended by striking ‘‘in the Air Force’’ and inserting ‘‘for the Air Force and the Space Force’’ 9 PROVISION OF CERTAIN PROFESSIONAL FUNCTIONS FOR THE SPACE FORCE —Section 9063 of such title is amended— A in subsections a through i by striking ‘‘in the Air Force’’ each place it appears and inserting ‘‘in the Air Force and the Space Force’’ and B in subsection i as amended by subparagraph A by inserting ‘‘or the Space Force’’ after ‘‘members of the Air Force’’ c PERSONNEL — 1 GENDER-FREE BASIS FOR ACCEPTANCE OF ORIGINAL ENLISTMENTS — H R 6395—423 A IN GENERAL —Section 9132 of title 10 United States Code is amended by inserting ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’ B HEADING —The heading of such section 9132 is amended to read as follows ‘‘§ 9132 Regular Air Force and Regular Space Force genderfree basis for acceptance of original enlistments’’ C TABLE OF SECTIONS —The table of sections at the beginning of chapter 913 of such title is amended by striking the item relating to section 9132 and inserting the following new item ‘‘9132 Regular Air Force and Regular Space Force gender-free basis for acceptance of original enlistments ’’ 2 REENLISTMENT AFTER SERVICE AS AN OFFICER — A IN GENERAL —Section 9138 of such title is amended in subsection a — i by inserting ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’ both places it appears and ii by inserting ‘‘or the Space Force’’ after ‘‘officer of the Air Force’’ both places it appears B HEADING —The heading of such section 9132 is amended to read as follows ‘‘§ 9132 Regular Air Force and Regular Space Force reenlistment after service as an officer’’ C TABLE OF SECTIONS —The table of sections at the beginning of chapter 913 of such title as amended by paragraph 1 C is further by striking the item relating to section 9138 and inserting the following new item ‘‘9138 Regular Air Force and Regular Space Force reenlistment after service as an officer ’’ 3 APPOINTMENTS IN THE REGULAR AIR FORCE AND REGULAR SPACE FORCE — A IN GENERAL —Section 9160 of such title is amended— i by inserting ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’ and ii by inserting ‘‘or the Space Force’’ before the period B CHAPTER HEADING —The heading of chapter 915 of such title is amended to read as follows ‘‘CHAPTER 915—APPOINTMENTS IN THE REGULAR AIR FORCE AND THE REGULAR SPACE FORCE’’ C TABLES OF CHAPTERS —The table of chapters at the beginning of subtitle D of such title and at the beginning of part II of subtitle D of such title are each amended by striking the item relating to chapter 915 and inserting the following new item ‘‘915 Appointments in the Regular Air Force and the Regular Space Force 9151’’ 4 RETIRED COMMISSIONED OFFICERS STATUS —Section 9203 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ H R 6395—424 5 DUTIES CHAPLAINS ASSISTANCE REQUIRED OF COMMANDING OFFICERS —Section 9217 a of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ 6 RANK COMMISSIONED OFFICERS SERVING UNDER TEMPORARY APPOINTMENTS —Section 9222 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ both places it appears 7 REQUIREMENT OF EXEMPLARY CONDUCT —Section 9233 of such title is amended— A in the matter preceding paragraph 1 by inserting ‘‘and in the Space Force’’ after ‘‘the Air Force’’ and B in paragraphs 3 and 4 by inserting ‘‘or the Space Force respectively’’ after ‘‘the Air Force’’ 8 ENLISTED MEMBERS OFFICERS NOT TO USE AS SERVANTS —Section 9239 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ both places it appears 9 PRESENTATION OF UNITED STATES FLAG UPON RETIREMENT —Section 9251 a of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘member of the Air Force’’ 10 SERVICE CREDIT REGULAR ENLISTED MEMBERS SERVICE AS AN OFFICER TO BE COUNTED AS ENLISTED SERVICE —Section 9252 of such title is amended— A by inserting ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’ and B by inserting ‘‘in the Space Force ’’ after ‘‘in the Air Force ’’ 11 WHEN SECRETARY MAY REQUIRE HOSPITALIZATION — Section 9263 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘member of the Air Force’’ 12 DECORATIONS AND AWARDS — A IN GENERAL —Chapter 937 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ each place it appears in the following provisions i Section 9271 ii Section 9272 iii Section 9273 iv Section 9276 v Section 9281 other than the first place it appears in subsection a vi Section 9286 a other than the first place it appears B MEDAL OF HONOR AIR FORCE CROSS DISTINGUISHED-SERVICE MEDAL DELEGATION OF POWER TO AWARD —Section 9275 of such title is amended by inserting before the period at the end the following ‘‘ or to an equivalent commander of a separate space force or higher unit in the field’’ 13 TWENTY YEARS OR MORE REGULAR OR RESERVE COMMISSIONED OFFICERS —Section 9311 a of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘officer of the Air Force’’ 14 TWENTY TO THIRTY YEARS ENLISTED MEMBERS —Section 9314 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘member of the Air Force’’ 15 THIRTY YEARS OR MORE REGULAR ENLISTED MEMBERS —Section 9317 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ H R 6395—425 16 THIRTY YEARS OR MORE REGULAR COMMISSIONED OFFICERS —Section 9318 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ 17 FORTY YEARS OR MORE AIR FORCE OFFICERS — A IN GENERAL —Section 9324 of such title is amended in subsections a and b by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ B HEADING —The heading of such section 9324 is amended to read as follows ‘‘§ 9324 Forty years or more Air Force officers and Space Force officers’’ C TABLE OF SECTIONS AMENDMENT —The table of sections at the beginning of chapter 941 of such title is amended by striking the item relating to section 9324 and inserting the following new item ‘‘9324 Forty years or more Air Force officers and Space Force officers ’’ 18 COMPUTATION OF YEARS OF SERVICE VOLUNTARY RETIREMENT ENLISTED MEMBERS —Section 9325 a of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ 19 COMPUTATION OF YEARS OF SERVICE VOLUNTARY RETIREMENT REGULAR AND RESERVE COMMISSIONED OFFICERS — A IN GENERAL —Section 9326 a of such title is amended— i in the matter preceding paragraph 1 by inserting ‘‘or the Space Force’’ after ‘‘of the Air Force’’ and ii in paragraph 1 by striking ‘‘or the Air Force’’ and inserting ‘‘ the Air Force or the Space Force’’ B TECHNICAL AMENDMENTS —Such section 9326 a is further amended by striking ‘‘his’’ each place it appears and inserting ‘‘the officer’s’’ 20 COMPUTATION OF RETIRED PAY LAW APPLICABLE —Section 9329 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ 21 RETIRED GRADE — A HIGHER GRADE AFTER 30 YEARS OF SERVICE WARRANT OFFICERS AND ENLISTED MEMBERS —Section 9344 of such title is amended— i in subsection a by inserting ‘‘or the Space Force’’ after ‘‘member of the Air Force’’ and ii in subsection b — I in paragraphs 1 and 3 by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ each place it appears and II in paragraph 2 by inserting ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’ B RESTORATION TO FORMER GRADE RETIRED WARRANT OFFICERS AND ENLISTED MEMBERS —Section 9345 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘member of the Air Force’’ C RETIRED LISTS —Section 9346 of such title is amended— i in subsections a and d by inserting ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’ ii in subsection b 1 by inserting before the semicolon the following ‘‘ or for commissioned officers H R 6395—426 of the Space Force other than of the Regular Space Force’’ and iii in subsections b 2 and c by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ 22 RECOMPUTATION OF RETIRED PAY TO REFLECT ADVANCEMENT ON RETIRED LIST —Section 9362 a of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ 23 FATALITY REVIEWS —Section 9381 a of such title is amended in paragraphs 1 2 and 3 by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ d TRAINING — 1 MEMBERS OF AIR FORCE DETAIL AS STUDENTS OBSERVERS AND INVESTIGATORS AT EDUCATIONAL INSTITUTIONS INDUSTRIAL PLANTS AND HOSPITALS — A IN GENERAL —Section 9401 of title 10 United States Code is amended— i in subsection a by inserting ‘‘and members of the Space Force’’ after ‘‘members of the Air Force’’ ii in subsection b by inserting ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’ iii in subsection c by inserting ‘‘or Reserve of the Space Force’’ after ‘‘Reserve of the Air Force’’ iv in subsection e by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ and v in subsection f — I by inserting ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’ and II by inserting ‘‘or the Space Force Reserve’’ after ‘‘the reserve components of the Air Force’’ B TECHNICAL AMENDMENTS —Subsection c of such section 9401 is further amended— i by striking ‘‘his’’ and inserting ‘‘the Reserve’s’’ and ii by striking ‘‘he’’ and inserting ‘‘the Reserve’’ C HEADING —The heading of such section 9401 is amended to read as follows ‘‘§ 9401 Members of Air Force and Space Force detail as students observers and investigators at educational institutions industrial plants and hospitals’’ D TABLE OF SECTIONS —The table of sections at the beginning of chapter 951 of such title is amended by striking the item relating to section 9401 and inserting the following new item ‘‘9401 Members of Air Force and Space Force detail as students observers and investigators at educational institutions industrial plants and hospitals ’’ 2 ENLISTED MEMBERS OF AIR FORCE SCHOOLS — A IN GENERAL —Section 9402 of such title is amended— i in subsection a — I in the first sentence by inserting ‘‘and enlisted members of the Space Force’’ after ‘‘members of the Air Force’’ and II in the third sentence by inserting ‘‘and Space Force officers’’ after ‘‘Air Force officers’’ and H R 6395—427 ii in subsection b by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ each place it appears B HEADING —The heading of such section 9402 is amended to read as follows ‘‘§ 9402 Enlisted members Air Force or Space Force schools’’ C TABLE OF SECTIONS —The table of sections at the beginning of chapter 951 of such title is amended by striking the item relating to section 9402 and inserting the following new item ‘‘9402 Enlisted members of Air Force or Space Force schools ’’ 3 SERVICE SCHOOLS LEAVES OF ABSENCE FOR INSTRUCTORS —Section 9406 of such title is amended by inserting ‘‘or Space Force’’ after ‘‘Air Force’’ 4 DEGREE GRANTING AUTHORITY FOR UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY —Section 9414 d 1 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘needs of the Air Force’’ 5 UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY ADMINISTRATION —Section 9414b a 2 is amended— A by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ each place it appears and B in subparagraph B by inserting ‘‘or the equivalent grade in the Space Force’’ after ‘‘brigadier general’’ 6 COMMUNITY COLLEGE OF THE AIR FORCE ASSOCIATE DEGREES —Section 9415 of such title is amended— A in subsection a in the matter preceding paragraph 1 by striking ‘‘in the Air Force’’ and inserting ‘‘in the Department of the Air Force’’ and B in subsection b — i in paragraph 1 by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ ii in paragraph 2 by striking ‘‘other than’’ and all that follows through the end and inserting ‘‘other than the Air Force or the Space Force who are serving as instructors at Department of the Air Force training schools ’’ and iii in paragraph 3 by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ 7 AIR FORCE ACADEMY ESTABLISHMENT SUPERINTENDENT FACULTY —Section 9431 a of such title is amended by striking ‘‘Air Force cadets’’ and inserting ‘‘cadets’’ 8 AIR FORCE ACADEMY SUPERINTENDENT FACULTY APPOINTMENT AND DETAIL —Section 9433 a of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ 9 AIR FORCE ACADEMY PERMANENT PROFESSORS DIRECTOR OF ADMISSIONS — A IN GENERAL —Section 9436 of such title is amended— i in subsection a — I in the first sentence by inserting ‘‘in the Air Force or the equivalent grade in the Space Force’’ after ‘‘colonel’’ II in the second sentence by inserting ‘‘and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade H R 6395—428 of colonel in the Regular Air Force’’ after ‘‘grade of colonel’’ and III in the third sentence by inserting ‘‘in the Air Force or the equivalent grade in the Space Force’’ after ‘‘lieutenant colonel’’ and ii in subsection b — I in the first sentence ‘‘in the Air Force or the equivalent grade in the Space Force’’ after ‘‘colonel’’ each place it appears and II in the second sentence by inserting ‘‘and a person appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force’’ after ‘‘grade of colonel’’ B TECHNICAL AMENDMENTS —Subsections a and b of such section 9436 are further amended by striking ‘‘he’’ each place it appears and inserting ‘‘such person’’ 10 CADETS APPOINTMENT NUMBERS TERRITORIAL DISTRIBUTION — A IN GENERAL —Section 9442 of such title is amended— i by striking ‘‘Air Force Cadets’’ each place it appears and inserting ‘‘cadets’’ and ii in subsection b 2 by inserting ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’ B TECHNICAL AMENDMENT —Subsection b 4 of such section 9442 is amended by striking ‘‘him’’ and inserting ‘‘the Secretary’’ 11 CADETS AGREEMENT TO SERVE AS OFFICER —Section 9448 a of such title is amended— A in paragraph 2 A by inserting ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’ and B in paragraph 3 A by inserting before the semicolon the following ‘‘or as a Reserve in the Space Force for service in the Space Force Reserve’’ 12 CADETS ORGANIZATION SERVICE INSTRUCTION —Section 9449 of such title is amended by striking subsection d 13 CADETS HAZING —Section 9452 c of such title is amended— A by striking ‘‘an Air Force cadet’’ and inserting ‘‘a cadet’’ and B by striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps or Space Force’’ 14 CADETS DEGREE AND COMMISSION ON GRADUATION — Section 9453 b of such title is amended by inserting ‘‘or in the equivalent grade in the Regular Space Force’’ after ‘‘Regular Air Force’’ 15 SUPPORT OF ATHLETIC PROGRAMS —Section 9462 c 2 of such title is amended by striking ‘‘personnel of the Air Force’’ and inserting ‘‘personnel of the Department of the Air Force’’ 16 SCHOOLS AND CAMPS ESTABLISHMENT PURPOSE —Section 9481 of such title is amended— A by inserting ‘‘ the Space Force ’’ after ‘‘members of the Air Force ’’ and B by inserting ‘‘or the Space Force Reserve’’ after ‘‘the Air Force Reserve’’ H R 6395—429 17 SCHOOLS AND CAMPS OPERATION —Section 9482 of such title is amended— A in paragraph 4 by inserting ‘‘or the Regular Space Force’’ after ‘‘Regular Air Force’’ and B in paragraph 7 in the matter preceding subparagraph A by inserting ‘‘or Space Force’’ after ‘‘Air Force’’ e SERVICE SUPPLY AND PROCUREMENT — 1 EQUIPMENT BAKERIES SCHOOLS KITCHENS AND MESS HALLS —Section 9536 of title 10 United States Code is amended in the matter preceding paragraph 1 by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ 2 RATIONS —Section 9561 of such title is amended— A in subsection a — i in the first sentence by inserting ‘‘and the Space Force ration’’ after ‘‘the Air Force ration’’ and ii in the second sentence by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ and B in subsection b by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ 3 CLOTHING —Section 9562 of such title is amended by inserting ‘‘and members of the Space Force’’ after ‘‘the Air Force’’ 4 CLOTHING REPLACEMENT WHEN DESTROYED TO PREVENT CONTAGION —Section 9563 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘member of the Air Force’’ 5 COLORS STANDARDS AND GUIDONS OF DEMOBILIZED ORGANIZATIONS DISPOSITION —Section 9565 of such title is amended— A in subsection a in the matter preceding paragraph 1 by inserting ‘‘or the Space Force’’ after ‘‘organizations of the Air Force’’ and B in subsection b by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ 6 UTILITIES PROCEEDS FROM OVERSEAS OPERATIONS —Section 9591 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ 7 QUARTERS HEAT AND LIGHT —Section 9593 of such title is amended by inserting ‘‘and members of the Space Force’’ after ‘‘the Air Force’’ 8 AIR FORCE MILITARY HISTORY INSTITUTE FEE FOR PROVIDING HISTORICAL INFORMATION TO THE PUBLIC — A IN GENERAL —Section 9594 of such title is amended— i in subsections a and d by inserting ‘‘Department of the’’ before ‘‘Air Force Military History’’ each place it appears and ii in subsection e 1 — I by inserting ‘‘Department of the’’ before ‘‘Air Force Military History’’ and II by inserting ‘‘and the Space Force’’ after ‘‘materials of the Air Force’’ B HEADING —The heading of such section 9594 is amended to read as follows H R 6395—430 ‘‘§ 9594 Department of the Air Force Military History Institute fee for providing historical information to the public’’ C TABLE OF SECTIONS —The table of sections at the beginning of chapter 967 of such title is amended by striking the item relating to section 9594 and inserting the following new item ‘‘9594 Department of the Air Force Military History Institute fee for providing historical information to the public ’’ 9 SUBSISTENCE AND OTHER SUPPLIES MEMBERS OF ARMED FORCES VETERANS EXECUTIVE OR MILITARY DEPARTMENTS AND EMPLOYEES PRICES —Section 9621 of such title is amended— A in subsection a — i in paragraph 1 by inserting ‘‘and members of the Space Force’’ after ‘‘the Air Force’’ and ii in paragraph 2 by inserting ‘‘and officers of the Space Force’’ after ‘‘the Air Force’’ B in subsection b by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ C in subsection c by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ D in subsection d by striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps or Space Force’’ E in subsection e — i by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ the first place it appears and ii by inserting ‘‘or the Space Force respectively’’ after ‘‘the Air Force’’ the second place it appears F in subsection f by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ and G in subsection h — i by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ the first place it appears and ii by inserting ‘‘or members of the Space Force’’ after ‘‘members of the Air Force’’ 10 RATIONS COMMISSIONED OFFICERS IN FIELD —Section 9622 of such title is amended by inserting ‘‘and commissioned officers of the Space Force’’ after ‘‘officers of the Air Force’’ 11 MEDICAL SUPPLIES CIVILIAN EMPLOYEES OF THE AIR FORCE —Section 9624 a of such title is amended— A by striking ‘‘air base’’ and inserting ‘‘Air Force or Space Force military installation’’ and B by striking ‘‘Air Force when’’ and inserting ‘‘Department of the Air Force when’’ 12 ORDNANCE PROPERTY OFFICERS OF ARMED FORCES CIVILIAN EMPLOYEES OF AIR FORCE — A IN GENERAL —Section 9625 of such title is amended— i in subsection a by inserting ‘‘or the Space Force’’ after ‘‘officers of the Air Force’’ and ii in subsection b by striking ‘‘the Air Force’’ and inserting ‘‘the Department of the Air Force’’ B HEADING —The heading of such section is amended to read as follows H R 6395—431 ‘‘§ 9625 Ordnance property officers of the armed forces civilian employees of the Department of the Air Force American National Red Cross educational institutions homes for veterans’ orphans’’ C TABLE OF SECTIONS —The table of sections at the beginning of chapter 969 of such title is amended by striking the item relating to section 9625 and inserting the following new item ‘‘9625 Ordnance property officers of the armed forces civilian employees of the Department of the Air Force American National Red Cross educational institutions homes for veterans’ orphans ’’ 13 SUPPLIES EDUCATIONAL INSTITUTIONS —Section 9627 of such title is amended— A by inserting ‘‘or the Space Force’’ after ‘‘for the Air Force’’ B by inserting ‘‘or the Space Force’’ after ‘‘officer of the Air Force’’ and C by striking ‘‘air science and tactics’’ and inserting ‘‘science and tactics’’ 14 SUPPLIES MILITARY INSTRUCTION CAMPS —Section 9654 of such title is amended— A by inserting ‘‘or Space Force’’ after ‘‘an Air Force’’ and B by striking ‘‘air science and tactics’’ and inserting ‘‘science and tactics’’ 15 DISPOSITION OF EFFECTS OF DECEASED PERSONS BY SUMMARY COURT-MARTIAL —Section 9712 a 1 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ 16 ACCEPTANCE OF DONATIONS LAND FOR MOBILIZATION TRAINING SUPPLY BASE OR AVIATION FIELD — A IN GENERAL —Section 9771 of such title is amended in paragraph 2 by inserting ‘‘or space mission-related facility’’ after ‘‘aviation field’’ B HEADING —The heading of such section 9771 is amended to read as follows ‘‘§ 9771 Acceptance of donations land for mobilization training supply base aviation field or space mission-related facility’’ C TABLE OF SECTIONS —The table of sections at the beginning of chapter 979 of such title is amended by striking the item relating to section 9771 and inserting the following new item ‘‘9771 Acceptance of donations land for mobilization training supply base aviation field or space mission-related facility ’’ 17 ACQUISITION AND CONSTRUCTION AIR BASES AND DEPOTS — A IN GENERAL —Section 9773 of such title is amended— i in subsection a — I by striking ‘‘permanent air inserting ‘‘permanent Air Force and military installations’’ II by striking ‘‘existing air inserting ‘‘existing installations’’ and III by inserting ‘‘or the Space ‘‘training of the Air Force’’ bases’’ and Space Force bases’’ and Force’’ after H R 6395—432 ii in subsections b and c by striking ‘‘air bases’’ each place it appears and inserting ‘‘installations’’ iii in subsection b 7 by inserting ‘‘or Space Force’’ after ‘‘Air Force’’ iv in subsection c — I in paragraph 1 by inserting ‘‘or Space Force’’ after ‘‘Air Force’’ and II in paragraphs 3 and 4 by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ both places it appears and v in subsection f by striking ‘‘air base’’ and inserting ‘‘installation’’ B HEADING —The heading of such section 9773 is amended to read as follows ‘‘§ 9773 Acquisition and construction installations and depots’’ C TABLE OF SECTIONS —The table of sections at the beginning of chapter 979 of such title is amended by striking the item relating to section 9773 and inserting the following new item ‘‘9773 Acquisition and construction installations and depots ’’ 18 EMERGENCY CONSTRUCTION FORTIFICATIONS —Section 9776 of such title is amended by striking ‘‘air base’’ and inserting ‘‘installation’’ 19 USE OF PUBLIC PROPERTY —Section 9779 of such title is amended— A in subsection a by inserting ‘‘or the Space Force’’ after ‘‘economy of the Air Force’’ and B in subsection b by inserting ‘‘or the Space Force’’ after ‘‘support of the Air Force’’ 20 DISPOSITION OF REAL PROPERTY AT MISSILE SITES — Section 9781 a 2 of such title is amended— A in the matter preceding subparagraph A by striking ‘‘Air Force’’ and inserting ‘‘Department of the Air Force’’ B in subparagraph A by striking ‘‘Air Force’’ the first two places it appears and inserting ‘‘Department of the Air Force’’ and C in subparagraph C by striking ‘‘Air Force’’ and inserting ‘‘Department of the Air Force’’ 21 MAINTENANCE AND REPAIR OF REAL PROPERTY —Section 9782 of such title is amended in subsections c and d by inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’ both places it appears 22 SETTLEMENT OF ACCOUNTS REMISSION OR CANCELLATION OF INDEBTEDNESS OF MEMBERS —Section 9837 a of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘member of the Air Force’’ 23 FINAL SETTLEMENT OF OFFICER’S ACCOUNTS — A IN GENERAL —Section 9840 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ B TECHNICAL AMENDMENTS —Such section 9840 is further amended— i by striking ‘‘he’’ each place it appears and inserting ‘‘the officer’’ and H R 6395—433 ii by striking ‘‘his’’ each place it appears and inserting ‘‘the officer’s’’ 24 PAYMENT OF SMALL AMOUNTS TO PUBLIC CREDITORS — Section 9841 of such title is amended by inserting ‘‘or Space Force’’ after ‘‘official of Air Force’’ 25 SETTLEMENT OF ACCOUNTS OF LINE OFFICERS —Section 9842 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ f SERVICE OF INCUMBENTS IN CERTAIN POSITIONS WITHOUT REAPPOINTMENT — 1 IN GENERAL —The individual serving in a position under a provision of law specified in paragraph 2 as of the date of the enactment of this Act may continue to serve in such position after that date without further appointment as otherwise provided by such provision of law notwithstanding the amendment of such provision of law by subsection b 2 PROVISIONS OF LAW —The provisions of law specified in this paragraph are the provisions of title 10 United States Code as follows A Section 9020 relating to the Inspector General of the Department of the Air Force B Section 9036 relating to the Surgeon General of the Air Force C Section 9037 a relating to the Judge Advocate General of the Air Force D Section 9037 d relating to the Deputy Judge Advocate General of the Air Force E Section 9039 relating to the Chief of Chaplains for the Air Force and the Space Force SEC 924 AMENDMENTS TO OTHER PROVISIONS OF TITLE 10 UNITED STATES CODE a DEFINITIONS —Section 101 b 13 of title 10 United States Code is amended by striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps or Space Force’’ b OTHER PROVISIONS OF SUBTITLE A — 1 SPACE FORCE I —Subtitle A of title 10 United States Code as amended by subsection a is further amended by striking ‘‘and Marine Corps’’ each place it appears and inserting ‘‘Marine Corps and Space Force’’ in the following provisions A Section 116 a 1 in the matter preceding subparagraph A B Section 533 a 2 C Section 646 D Section 661 a E Section 712 a F Section 717 c 1 G Subsections c and d of section 741 H Section 743 I Section 1111 b 4 J Subsections a 2 A and c 2 A ii of section 1143 K Section 1174 j L Section 1463 a 1 M Section 1566 N Section 2217 c 2 O Section 2259 a P Section 2640 j H R 6395—434 2 SPACE FORCE II — A IN GENERAL —Such subtitle is further amended by striking ‘‘Marine Corps ’’ each place it appears and inserting ‘‘Marine Corps Space Force ’’ in the following provisions i Section 123 a ii Section 172 a iii Section 518 iv Section 747 v Section 749 vi Section 1552 c 1 vii Section 2632 c 2 A viii Section 2686 a ix Section 2733 a B HEADING —The heading of section 747 of such title is amended to read as follows ‘‘§ 747 Command when different commands of Army Navy Air Force Marine Corps Space Force and Coast Guard join’’ C TABLE OF SECTIONS —The table of sections at the beginning of chapter 43 of such title is amended by striking the item relating to section 747 and inserting the following new item ‘‘747 Command when different commands of Army Navy Air Force Marine Corps Space Force and Coast Guard join ’’ 3 SPACE FORCE III —Such subtitle is further amended by striking ‘‘or Marine Corps’’ each place it appears and inserting ‘‘Marine Corps or Space Force’’ in the following provisions A Section 125 b B Section 541 a C Section 601 a D Section 603 a E Section 619 a F Section 619a a G Section 624 c H Section 625 b I Subsections a and d of section 631 J Section 632 a K Section 637 a 2 L Section 638 a M Section 741 d N Section 771 O Section 772 P Section 773 Q Section 1123 R Section 1143 d S Section 1174 a 2 T Section 1251 a U Section 1252 a V Section 1253 a W Section 1375 X Section 1413a h Y Section 1551 Z Section 1561 a AA Section 1731 a 1 A ii H R 6395—435 BB Section 2102 a CC Section 2103a a 2 DD Section 2104 b 5 EE Section 2107 FF Section 2421 GG Section 2631 a HH Section 2787 a 4 REGULAR SPACE FORCE I —Such subtitle is further amended by striking ‘‘or Regular Marine Corps’’ each place it appears and inserting ‘‘Regular Marine Corps or Regular Space Force’’ in the following provisions A Section 531 c B Section 532 a in the matter preceding paragraph 1 C Subsections a 1 b 1 and f of section 533 D Section 633 a E Section 634 a F Section 635 G Section 636 a H Section 647 c I Section 688 b 1 J Section 1181 5 REGULAR SPACE FORCE II —Such subtitle is further amended by striking ‘‘Regular Marine Corps ’’ each place it appears and inserting ‘‘Regular Marine Corps Regular Space Force ’’ in the following provisions A Section 505 B Section 506 C Section 508 6 TRANSFER ETC OF FUNCTIONS POWERS AND DUTIES — Section 125 b of such title as amended by paragraph 3 A is further amended by striking ‘‘or 9062 c ’’ and inserting ‘‘9062 c or 9081’’ 7 JOINT STAFF MATTERS — A APPOINTMENT OF CHAIRMAN GRADE AND RANK — Section 152 of such title is amended— i in subsection b 1 C by striking ‘‘or the Commandant of the Marine Corps’’ and inserting ‘‘the Commandant of the Marine Corps or the Chief of Space Operations’’ and ii in subsection c by striking ‘‘or in the case of the Navy admiral’’ and inserting ‘‘ in the case of the Navy admiral or in the case of an officer of the Space Force the equivalent grade ’’ B INCLUSION OF SPACE FORCE ON JOINT STAFF —Section 155 a 2 C of such title is amended by inserting ‘‘and the Space Force’’ after ‘‘the Air Force’’ 8 ARMED FORCES POLICY COUNCIL —Section 171 a of such title is amended— A in paragraph 15 by striking ‘‘and’’ B in paragraph 16 by striking the period and inserting ‘‘ and’’ and C by adding at the end the following new paragraph ‘‘ 17 the Chief of Space Operations ’’ 9 JOINT REQUIREMENTS OVERSIGHT COUNCIL —Section 181 c 1 of such title is amended by adding at the end the following new subparagraph H R 6395—436 ‘‘ F A Space Force officer in the grade equivalent to the grade of general in the Army Air Force or Marine Corps or admiral in the Navy ’’ 10 UNFUNDED PRIORITIES —Section 222a b of such title is amended— A by redesignating paragraph 5 as paragraph 6 and B by inserting after paragraph 4 the following new paragraph ‘‘ 5 The Chief of Space Operations ’’ 11 THEATER SECURITY COOPERATION EXPENSES —Section 312 b 3 of such title is amended by inserting ‘‘the Chief of Space Operations ’’ after ‘‘the Commandant of the Marine Corps ’’ 12 WESTERN HEMISPHERE INSTITUTE —Section 343 e 1 E of such title is amended by inserting ‘‘or Space Force’’ after ‘‘for the Air Force’’ 13 ORIGINAL APPOINTMENTS OF COMMISSIONED OFFICERS —Section 531 a of such title is amended— A in paragraph 1 by striking ‘‘and in the grades of ensign lieutenant junior grade and lieutenant in the Regular Navy’’ and inserting ‘‘in the grades of ensign lieutenant junior grade and lieutenant in the Regular Navy and in the equivalent grades in the Regular Space Force’’ and B in paragraph 2 by striking ‘‘and in the grades of lieutenant commander commander and captain in the Regular Navy’’ and inserting ‘‘in the grades of lieutenant commander commander and captain in the Regular Navy and in the equivalent grades in the Regular Space Force’’ 14 SERVICE CREDIT UPON ORIGINAL APPOINTMENT AS A COMMISSIONED OFFICER —Section 533 b 2 of such title is amended by striking ‘‘or captain in the Navy’’ and inserting ‘‘ captain in the Navy or an equivalent grade in the Space Force’’ 15 SENIOR JOINT OFFICER POSITIONS RECOMMENDATIONS TO THE SECRETARY OF DEFENSE —Section 604 a 1 A of such title is amended by inserting ‘‘and the name of at least one Space Force officer’’ after ‘‘Air Force officer’’ 16 FORCE SHAPING AUTHORITY —Section 647 a 2 of such title is amended by striking ‘‘of that armed force’’ 17 MEMBERS REQUIRED SERVICE —Section 651 b of such title is amended by striking ‘‘of his armed force’’ 18 CAREER FLEXIBILITY TO ENHANCE RETENTION OF MEMBERS —Section 710 c 1 of such title is amended by striking ‘‘the armed force concerned’’ and inserting ‘‘an armed force’’ 19 SENIOR MEMBERS OF MILITARY STAFF COMMITTEE OF UNITED NATIONS —Section 711 of such title is amended by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ 20 RANK CHIEF OF SPACE OPERATIONS — A IN GENERAL —Section 743 of such title is amended by striking ‘‘and the Commandant of the Marine Corps’’ and inserting ‘‘the Commandant of the Marine Corps and the Chief of Space Operations’’ B HEADING —The heading of such section 743 is amended to read as follows H R 6395—437 ‘‘§ 743 Rank Chief of Staff of the Army Chief of Naval Operations Chief of Staff of the Air Force Commandant of the Marine Corps Chief of Space Operations’’ C TABLE OF SECTIONS —The table of sections at the beginning of chapter 43 of such title is amended by striking the item relating to section 743 and inserting the following new item ‘‘743 Rank Chief of Staff of the Army Chief of Naval Operations Chief of Staff of the Air Force Commandant of the Marine Corps Chief of Space Operations ’’ 21 UNIFORM CODE OF MILITARY JUSTICE —Chapter 47 of such title the Uniform Code of Military Justice is amended— A in section 822 a 7 article 22 a 7 by striking ‘‘Marine Corps’’ and inserting ‘‘Marine Corps or the commanding officer of a corresponding unit of the Space Force’’ B in section 823 a article 23 a — i in paragraph 2 — I by striking ‘‘Air Force base’’ and inserting ‘‘Air Force or Space Force military installation’’ and II by striking ‘‘or the Air Force’’ and inserting ‘‘the Air Force or the Space Force’’ and ii in paragraph 4 by inserting ‘‘or a corresponding unit of the Space Force’’ after ‘‘Air Force’’ and C in section 824 a 3 article 24 a 3 by inserting ‘‘or a corresponding unit of the Space Force’’ after ‘‘Air Force’’ 22 SERVICE AS CADET OR MIDSHIPMAN NOT COUNTED FOR LENGTH OF SERVICE —Section 971 b 2 of such title is amended by striking ‘‘or Air Force’’ and inserting ‘‘ Air Force or Space Force’’ 23 REFERRAL BONUS —Section 1030 h 3 of such title is amended by inserting ‘‘and the Space Force’’ after ‘‘concerning the Air Force’’ 24 RETURN TO ACTIVE DUTY FROM TEMPORARY DISABILITY —Section 1211 a of such title is amended— A in the matter preceding paragraph 1 by striking ‘‘or the Air Force’’ and inserting ‘‘ the Air Force or the Space Force’’ and B in paragraph 6 — i by striking ‘‘or the Air Force who’’ and inserting ‘‘the Air Force or the Space Force who’’ and ii by striking ‘‘or the Air Force as’’ and inserting ‘‘the Air Force or the Space Force as’’ 25 YEARS OF SERVICE —Section 1405 c of such title is amended by striking ‘‘or Air Force’’ and inserting ‘‘ Air Force or Space Force’’ 26 RETIRED PAY BASE FOR PERSONS WHO BECAME MEMBERS BEFORE SEPTEMBER 8 1980 —Section 1406 of such title is amended— A in the heading of subsection e by inserting ‘‘AND SPACE FORCE’’ after ‘‘AIR FORCE’’ and B in subsection i 3 — i in subparagraph A — I by redesignating clause v as clause vi and H R 6395—438 II by inserting after clause iv the following new clause v ‘‘ v Chief of Space Operations ’’ and ii in subparagraph B — I by redesignating clause v as clause vi and II by inserting after clause iv the following new clause v ‘‘ v The senior enlisted advisor of the Space Force ’’ 27 SPECIAL REQUIREMENTS FOR MILITARY PERSONNEL IN THE ACQUISITION FIELD — A IN GENERAL —Section 1722a a of such title is amended by striking ‘‘and the Commandant of the Marine Corps with respect to the Army Navy Air Force and Marine Corps respectively ’’ and inserting ‘‘ the Commandant of the Marine Corps and the Chief of Space Operations with respect to the Army Navy Air Force Marine Corps and Space Force respectively ’’ B CLARIFYING AMENDMENT —Such section 1722a a is further amended by striking ‘‘the Under Secretary of Defense for Acquisition Technology and Logistics’’ and inserting ‘‘the Under Secretary of Defense for Acquisition and Sustainment’’ 28 SENIOR MILITARY ACQUISITION ADVISORS —Section 1725 e 1 C of such title is amended by inserting ‘‘and Space Force’’ before the period 29 MILITARY FAMILY READINESS COUNCIL —Section 1781a b 1 of such title is amended by striking ‘‘Marine Corps and Air Force’’ each place it appears and inserting ‘‘Air Force Marine Corps and Space Force’’ 30 FINANCIAL ASSISTANCE PROGRAM FOR SPECIALLY SELECTED MEMBERS —Section 2107 of such title is amended— A in subsection a — i by striking ‘‘or as a’’ and inserting ‘‘ as a’’ and ii by inserting ‘‘or as an officer in the equivalent grade in the Space Force’’ after ‘‘Marine Corps ’’ B in subsection b — i in paragraph 3 by striking ‘‘the reserve component of the armed force in which he is appointed as a cadet or midshipman’’ and inserting ‘‘the reserve component of an armed force’’ and ii in paragraph 5 by striking ‘‘reserve component of that armed force’’ each place it appears and inserting ‘‘reserve component of an armed force’’ and C in subsection d by striking ‘‘second lieutenant or ensign’’ and inserting ‘‘second lieutenant ensign or an equivalent grade in the Space Force’’ 31 SPACE RAPID CAPABILITIES OFFICE —Section 2273a d of such title is amended by striking paragraph 3 32 ACQUISITION-RELATED FUNCTIONS OF CHIEFS OF THE ARMED FORCES —Section 2547 a of such title is amended by striking ‘‘and the Commandant of the Marine Corps’’ and inserting ‘‘the Commandant of the Marine Corps and the Chief of Space Operations’’ H R 6395—439 33 AGREEMENTS RELATED TO MILITARY TRAINING TESTING AND OPERATIONS —Section 2684a i of such title is amended by inserting ‘‘Space Force ’’ before ‘‘or Defense-wide activities’’ each place it appears c PROVISIONS OF SUBTITLE B — 1 IN GENERAL —Subtitle B of title 10 United States Code is amended by striking ‘‘or Marine Corps’’ each place it appears and inserting ‘‘Marine Corps or Space Force’’ in the following provisions A Section 7452 c B Section 7621 d 2 COMPUTATION OF YEARS OF SERVICE —Section 7326 a 1 of such title is amended by striking ‘‘or the Air Force’’ and inserting ‘‘ the Air Force or the Space Force’’ d PROVISIONS OF SUBTITLE C — 1 CADETS HAZING —Section 8464 f of title 10 United States Code is amended by striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps or Space Force’’ 2 SALES PRICES — A IN GENERAL —Section 8802 of such title is amended by striking ‘‘or the Air Force’’ and inserting ‘‘ the Air Force or the Space Force’’ B HEADING —The heading of such section 8802 is amended to read as follows ‘‘§ 8802 Sales members of Army Air Force and Space Force prices’’ C TABLE OF SECTIONS —The table of sections at the beginning of chapter 879 of such title is amended by striking the item relating to section 8802 and inserting the following new item ‘‘8802 Sales members of Army Air Force and Space Force prices ’’ 3 SALES TO CERTAIN VETERANS —Section 8803 of such title is amended by striking ‘‘or the Marine Corps’’ and inserting ‘‘the Marine Corps or the Space Force’’ 4 SUBSISTENCE AND OTHER SUPPLIES —Section 8806 d of such title is amended by striking ‘‘or Air Force or Marine Corps’’ and inserting ‘‘ Air Force Marine Corps or Space Force’’ 5 SCOPE OF CHAPTER ON PRIZE —Section 8851 a of such title is amended by striking ‘‘or the Air Force’’ and inserting ‘‘ the Air Force or the Space Force’’ SEC 925 AMENDMENTS TO PROVISIONS OF LAW RELATING TO PAY AND ALLOWANCES a DEFINITIONS —Section 101 of title 37 United States Code is amended— 1 in paragraphs 3 and 4 by inserting ‘‘Space Force ’’ after ‘‘Marine Corps ’’ each place it appears and 2 in paragraph 5 C by inserting ‘‘and the Space Force’’ after ‘‘Air Force’’ b BASIC PAY RATES — 1 COMMISSIONED OFFICERS —Footnote 2 of the table titled ‘‘COMMISSIONED OFFICERS’’ in section 601 c of the John Warner National Defense Authorization Act for Fiscal Year 2007 Public Law 109–364 37 U S C 1009 note is amended H R 6395—440 by inserting after ‘‘Commandant of the Marine Corps ’’ the following ‘‘Chief of Space Operations ’’ 2 ENLISTED MEMBERS —Footnote 2 of the table titled ‘‘ENLISTED MEMBERS’’ in section 601 c of the John Warner National Defense Authorization Act for Fiscal Year 2007 Public Law 109–364 37 U S C 1009 note is amended by inserting after ‘‘Sergeant Major of the Marine Corps ’’ the following ‘‘the senior enlisted advisor of the Space Force ’’ c PAY GRADES ASSIGNMENT TO GENERAL RULES —Section 201 a of title 37 United States Code is amended— 1 by striking ‘‘ a For the purpose’’ and inserting ‘‘ a 1 Subject to paragraph 2 for the purpose’’ and 2 by adding at the end the following new paragraph ‘‘ 2 For the purpose of computing their basic pay commissioned officers of the Space Force are assigned to the pay grades in the table in paragraph 1 by grade or rank in the Air Force that is equivalent to the grade or rank in which such officers are serving in the Space Force ’’ d PAY OF SENIOR ENLISTED MEMBERS —Section 210 c of title 37 United States Code is amended— 1 by redesignating paragraph 5 as paragraph 6 and 2 by inserting after paragraph 4 the following new paragraph 5 ‘‘ 5 The senior enlisted advisor of the Space Force ’’ e ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES — 1 PERSONAL MONEY ALLOWANCE —Section 414 of title 37 United States Code is amended— A in subsection a 5 by inserting ‘‘Chief of Space Operations ’’ after ‘‘Commandant of the Marines Corps ’’ and B in subsection b by inserting ‘‘the senior enlisted advisor of the Space Force ’’ after ‘‘the Sergeant Major of the Marine Corps ’’ 2 CLOTHING ALLOWANCE ENLISTED MEMBERS —Section 418 d of such title is amended— A in paragraph 1 by striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps or Space Force’’ and B in paragraph 4 by striking ‘‘or the Marine Corps’’ and inserting ‘‘the Marine Corps or the Space Force’’ f TRAVEL AND TRANSPORTATION ALLOWANCES PARKING EXPENSES —Section 481i b of title 37 United States Code is amended by striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps or Space Force’’ g LEAVE — 1 ADDITION OF SPACE FORCE —Chapter 9 of title 37 United States Code is amended by inserting ‘‘Space Force ’’ after ‘‘Marines Corps ’’ each place it appears in the following provisions A Subsections b 1 and e 1 of section 501 B Section 502 a C Section 503 a 2 ADDITION OF REGULAR SPACE FORCE —Section 501 b 5 C of such title is amended by striking ‘‘or Regular Marine Corps’’ and inserting ‘‘Regular Marine Corps or Regular Space Force’’ H R 6395—441 3 TECHNICAL AMENDMENTS —Chapter 9 of such title is further amended as follows A In section 501 b 1 — i by striking ‘‘his’’ each place it appears and inserting ‘‘the member’s’’ and ii by striking ‘‘he’’ and inserting ‘‘the member’’ B In section 502— i by striking ‘‘his designated representative’’ each place it appears and inserting ‘‘the Secretary’s designated representative’’ ii in subsection a by striking ‘‘he’’ each place it appears and inserting ‘‘the member’’ and iii in subsection b by striking ‘‘his’’ and inserting ‘‘the member’s’’ h ALLOTMENT AND ASSIGNMENT OF PAY — 1 IN GENERAL —Subsections a c and d of section 701 of title 37 United States Code are each amended by striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps or Space Force’’ 2 TECHNICAL AMENDMENTS —Such section 701 is further amended— A in subsection a by striking ‘‘his’’ and inserting ‘‘the officer’s’’ B in subsection b by striking ‘‘his’’ and inserting ‘‘the person’s’’ and C in subsection c by striking ‘‘his pay and if he does so’’ and inserting ‘‘the member’s pay and if the member does so’’ 3 HEADING —The heading of such section 701 is amended to read as follows ‘‘§ 701 Members of the Army Navy Air Force Marine Corps and Space Force contract surgeons’’ 4 TABLE OF SECTIONS —The table of sections at the beginning of chapter 13 of such title is amended by striking the item relating to section 701 and inserting the following new item ‘‘701 Members of the Army Navy Air Force Marine Corps and Space Force contract surgeons ’’ i FORFEITURE OF PAY — 1 FORFEITURE FOR ABSENCE FOR INTEMPERATE USE OF ALCOHOL OR DRUGS — A IN GENERAL —Section 802 of title 37 United States Code is amended by striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps or Space Force’’ B TECHNICAL AMENDMENTS —Such section 802 is further amended by striking ‘‘his’’ each place it appears and inserting ‘‘the member’s’’ 2 FORFEITURE WHEN DROPPED FROM ROLLS — A IN GENERAL —Section 803 of such title is amended by striking ‘‘or the Air Force’’ and inserting ‘‘ the Air Force or the Space Force’’ B HEADING —The heading of such section 803 is amended to read as follows H R 6395—442 ‘‘§ 803 Commissioned officers of the Army Air Force or Space Force forfeiture of pay when dropped from rolls’’ C TABLE OF SECTIONS —The table of sections at the beginning of chapter 15 of such title is amended by striking the item relating to section 803 and inserting the following new item ‘‘803 Commissioned officers of the Army Air Force or Space Force forfeiture of pay when dropped from rolls ’’ j EFFECT ON PAY OF EXTENSION OF ENLISTMENT —Section 906 of title 37 United States Code is amended by inserting ‘‘Space Force ’’ after ‘‘Marine Corps ’’ k ADMINISTRATION OF PAY — 1 PROMPT PAYMENT REQUIRED — A IN GENERAL —Section 1005 of title 37 United States Code is amended by striking ‘‘and of the Air Force’’ and inserting ‘‘ the Air Force and the Space Force’’ B HEADING —The heading of such section 1005 is amended to read as follows ‘‘§ 1005 Army Air Force and Space Force prompt payments required’’ C TABLE OF SECTIONS —The table of sections at the beginning of chapter 15 of such title is amended by striking the item relating to section 803 and inserting the following new item ‘‘1005 Army Air Force and Space Force prompt payments required ’’ 2 DEDUCTIONS FROM PAY — A IN GENERAL —Section 1007 of such title is amended— i in subsections b d f and g by striking ‘‘or the Air Force’’ and inserting ‘‘ the Air Force or the Space Force’’ and ii in subsection e by striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps or Space Force’’ B TECHNICAL AMENDMENTS —Such section 1007 is further amended— i in subsection b by striking ‘‘him’’ and inserting ‘‘the member’’ ii in subsection d by striking ‘‘his’’ each place it appears and inserting ‘‘the member’s’’ and iii in subsection f — I by striking ‘‘his’’ and inserting ‘‘the officer’s’’ and II by striking ‘‘he’’ both places it appears and inserting ‘‘the officer’’ SEC 926 AMENDMENTS TO PROVISIONS OF LAW RELATING TO VETERANS’ BENEFITS a ADDITION OF SPACE SERVICE TO REFERENCES TO MILITARY NAVAL OR AIR SERVICE —Title 38 United States Code is amended by striking ‘‘or air service’’ and inserting ‘‘air or space service’’ each place it appears in the following provisions 1 Paragraphs 2 5 12 16 17 18 24 and 32 of section 101 2 Section 105 a 3 Section 106 b H R 6395—443 4 Section 701 5 Paragraphs 1 and 2 A of section 1101 6 Section 1103 7 Section 1110 8 Subsections b 1 and c 1 of section 1112 9 Section 1113 b 10 Section 1131 11 Section 1132 12 Section 1133 13 Section 1137 14 Section 1141 15 Section 1153 16 Section 1301 17 Subsections a and b of section 1302 18 Section 1310 b 19 Section 1521 j 20 Section 1541 h 21 Subsections a 2 B and e 3 of section 1710 22 Section 1712 a 23 Section 1712A c 24 Section 1717 d 1 25 Subsections b and c of section 1720A 26 Section 1720D c 3 27 Section 1720E a 28 Section 1720G a 2 B 29 Subsections b 2 e 1 and e 4 of section 1720I 30 Section 1781 a 3 31 Section 1783 b 1 32 Section 1922 a 33 Section 2002 b 1 34 Section 2101A a 1 35 Subsections a 1 C and d of section 2301 36 Section 2302 a 37 Section 2303 b 2 38 Subsections b 4 A and g 2 of section 2306 39 Section 2402 a 1 40 Section 3018B a 41 Section 3102 a 1 A ii 42 Subsections a and b 2 A of section 3103 43 Section 3113 a 44 Section 3501 a 45 Section 3512 b 1 B iii 46 Section 3679 c 2 A 47 Section 3701 b 2 48 Section 3712 e 2 49 Section 3729 c 1 50 Subparagraphs A and B of section 3901 1 51 Subsections c 1 A and d 2 B of section 5103A 52 Section 5110 j 53 Section 5111 a 2 A 54 Section 5113 b 3 C 55 Section 5303 e 56 Section 6104 c 57 Section 6105 a 58 Subsections a 1 and b 3 of section 6301 59 Section 6303 b 60 Section 6304 b 1 H R 6395—444 61 Section 8301 b DEFINITIONS — 1 ARMED FORCES —Paragraph 10 of section 101 of title 38 United States Code is amended by inserting ‘‘Space Force ’’ after ‘‘Air Force ’’ 2 SECRETARY CONCERNED —Paragraph 25 C of such section is amended by inserting ‘‘or the Space Force’’ before the semicolon 3 SPACE FORCE RESERVE —Paragraph 27 of such section is amended— A by redesignating subparagraphs E through G as subparagraphs F through H respectively and B by inserting after subparagraph D the following new subparagraph E ‘‘ E the Space Force Reserve ’’ c PLACEMENT OF EMPLOYEES IN MILITARY INSTALLATIONS — Section 701 of title 38 United States Code is amended by striking ‘‘and Air Force’’ and inserting ‘‘Air Force and Space Force’’ d CONSIDERATION TO BE ACCORDED TIME PLACE AND CIRCUMSTANCES OF SERVICE —Section 1154 b of title 38 United States Code is amended by striking ‘‘or air organization’’ and inserting ‘‘air or space organization’’ e PREMIUM PAYMENTS —Section 1908 of title 38 United States Code is amended by inserting ‘‘Space Force ’’ after ‘‘Marine Corps ’’ f SECRETARY CONCERNED FOR GI BILL —Section 3020 l 3 of title 38 United States Code is amended by inserting ‘‘or the Space Force’’ before the semicolon g DEFINITIONS FOR POST-9 11 GI BILL —Section 3301 2 C of title 38 United States Code is amended by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’ h PROVISION OF CREDIT PROTECTION AND OTHER SERVICES — Section 5724 c 2 of title 38 United States Code is amended by striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps or Space Force’’ SEC 927 AMENDMENTS TO OTHER PROVISIONS OF THE UNITED STATES CODE AND OTHER LAWS a TITLE 5 DEFINITION OF ARMED FORCES —Section 2101 2 of title 5 United States Code is amended by inserting after ‘‘Marine Corps ’’ the following ‘‘Space Force ’’ b TITLE 14 — 1 VOLUNTARY RETIREMENT —Section 2152 of title 14 United States Code is amended by striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps or Space Force’’ 2 COMPUTATION OF LENGTH OF SERVICE —Section 2513 of such title is amended by inserting after ‘‘Air Force ’’ the following ‘‘Space Force ’’ c TITLE 18 FIREARMS AS NONMAILABLE —Section 1715 of such title is amended by inserting ‘‘Space Force ’’ after ‘‘Marine Corps ’’ d TITLE 31 — 1 DEFINITIONS RELATING TO CLAIMS —Section 3701 a 7 of title 31 United States Code is amended by inserting ‘‘Space Force ’’ after ‘‘Marine Corps ’’ 2 COLLECTION AND COMPROMISE —Section 3711 f of such title is amended in paragraphs 1 and 3 by inserting ‘‘Space Force ’’ after ‘‘Marine Corps ’’ each place it appears H R 6395—445 e TITLE 41 HONORABLE DISCHARGE CERTIFICATE IN LIEU OF BIRTH CERTIFICATE —Section 6309 a of title 41 United States Code is amended by inserting ‘‘Space Force ’’ after ‘‘Marine Corps ’’ f TITLE 51 POWERS OF THE ADMINISTRATION IN PERFORMANCE OF FUNCTIONS —Section 20113 l of title 51 United States Code is amended— 1 in the subsection heading by striking ‘‘SERVICES’’ and inserting ‘‘FORCES’’ and 2 by striking ‘‘and Marine Corps’’ and inserting ‘‘Marine Corps and Space Force’’ g PUBLIC LAW 79–772 BOARD OF NATIONAL AIR AND SPACE MUSEUM —Section 1 a of the Act of August 12 1946 60 Stat 997 chapter 995 20 U S C 77 a is amended by inserting ‘‘the Chief of Space Operations or the Chief’s designee ’’ after ‘‘the Chief of Staff of the Air Force or his designee ’’ SEC 928 APPLICABILITY TO OTHER PROVISIONS OF LAW Section 958 b 1 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1567 10 U S C 9081 note is amended— 1 in the matter preceding subparagraph A by striking ‘‘or the amendments made by this subtitle’’ and inserting ‘‘ the amendments made by this subtitle or the amendments made by subtitle C of title IX of the William M Mac Thornberry National Defense Authorization Act for Fiscal Year 2021’’ 2 in subparagraph A by striking ‘‘and’’ at the end 3 in subparagraph B by striking the period at the end and inserting a semicolon and 4 by adding at the end the following new subparagraphs ‘‘ C the authority of the Secretary of Defense with respect to the Air Force members of the Air Force or civilian employees of the Air Force may be exercised by the Secretary with respect to the Space Force members of the Space Force or civilian employees of the Space Force and ‘‘ D the authority of the Secretary of the Air Force with respect to the Air Force members of the Air Force or civilian employees of the Air Force may be exercised by the Secretary with respect to the Space Force members of the Space Force or civilian employees of the Space Force ’’ SEC 929 TEMPORARY EXEMPTION FROM AUTHORIZED DAILY AVERAGE OF MEMBERS IN PAY GRADES E–8 AND E–9 Section 517 of title 10 United States Code shall not apply to the Space Force until October 1 2023 SEC 930 LIMITATION ON TRANSFER OF MILITARY INSTALLATIONS TO THE JURISDICTION OF THE SPACE FORCE a LIMITATION —A military installation whether or not under the jurisdiction of the Department of the Air Force may not be transferred to the jurisdiction or command of the Space Force until the Secretary of the Air Force briefs the congressional defense committees on the results of a business case analysis conducted by the Secretary in connection with the transfer of the cost and efficacy of the transfer H R 6395—446 b TIMING OF BRIEFING —The briefing on a business case analysis conducted pursuant to subsection a shall be provided not later than 15 days after the date of the completion of the business case analysis by the Secretary SEC 931 ORGANIZATION OF THE SPACE FORCE a LIMITATIONS — 1 SECRETARY OF DEFENSE —The Secretary of Defense may not establish a Space National Guard or Space Reserve as a reserve component of the Space Force until the Secretary completes the study under subsection b and determines based on the result of such study that a Space National Guard or a Space Reserve is the organization best suited to discharge in an effective and efficient manner the missions intended to be assigned to such organization 2 SECRETARY OF THE AIR FORCE —Until the Secretary of Defense carries out subsection b the Secretary of the Air Force may not— A transfer to another component of the Air Force any member or civilian personnel of the Air National Guard who is assigned to a space mission or B relocate any asset or dissolve any element of the Air National Guard or Air Force Reserve that is assigned to a space mission b STUDY AND REPORT REQUIRED —Not later than March 31 2021 the Secretary of Defense shall conduct a study to formulate a plan regarding how best to organize the active and reserve components of the Space Force and submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding such study The report shall include the following 1 The assumptions and factors used to make the plan 2 Individuals who made recommendations regarding the organization of such components 3 Determinations of the Secretary regarding the mission organization and unit retention of such components 4 The final organizational and integration recommendations regarding such components 5 The proposed staffing and operational organization for such components 6 The estimated date of implementation of the plan 7 Any savings or costs arising from the preservation of existing space-related force structures in the Air National Guard c RULE OF CONSTRUCTION —Nothing in this section may be construed to prohibit the reserve components of the Air Force from performing space missions or continuing to support the Air Force and the Space Force in the performance of space missions 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 H R 6395—447 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 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 H R 6395—448 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 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 Subtitle A—Financial Matters SEC 1001 GENERAL TRANSFER AUTHORITY a AUTHORITY TO TRANSFER AUTHORIZATIONS — 1 AUTHORITY —Upon determination by the Secretary of Defense that such action is necessary in the national interest the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2021 between any such authorizations for that fiscal year or any subdivisions thereof Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred 2 LIMITATION —Except as provided in paragraph 3 the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $4 000 000 000 3 EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS —A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph 2 b LIMITATIONS —The authority provided by subsection a to transfer authorizations— 1 may only be used to provide authority for items that have a higher priority than the items from which authority is transferred and 2 may not be used to provide authority for an item that has been denied authorization by Congress c EFFECT ON AUTHORIZATION AMOUNTS —A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred H R 6395—449 d NOTICE TO CONGRESS —The Secretary shall promptly notify Congress of each transfer made under subsection a SEC 1002 BUDGET MATERIALS FOR SPECIAL OPERATIONS FORCES Section 226 of title 10 United States Code is amended— 1 in subsection a — A by inserting ‘‘of Defense and the Secretary of each of the military departments’’ after ‘‘Secretary’’ B by striking ‘‘2021’’ and inserting ‘‘2022’’ C by striking ‘‘a consolidated budget justification display’’ and inserting ‘‘a budget justification display for each applicable appropriation’’ D in the second sentence by striking ‘‘display’’ and all that follows and inserting ‘‘displays shall include each of the following ’’ and E by adding at the end the following new paragraphs ‘‘ 1 Details at the appropriation and line item level including any amount for service-common support acquisition support training operations pay and allowances base operations sustainment and any other common services and support ‘‘ 2 An identification of any change in the level or type of service-common support and enabling capabilities provided by each of the military services or Defense Agencies to special operations forces for the fiscal year covered by the budget justification display when compared to the preceding fiscal year including the rationale for any such change and any mitigating actions ‘‘ 3 An assessment of the specific effects that the budget justification display for the fiscal year covered by the display and any anticipated future manpower and force structure changes are likely to have on the ability of each of the military services to provide service-common support and enabling capabilities to special operations forces ‘‘ 4 Any other matters the Secretary of Defense or the Secretary of a military department determines are relevant ’’ 2 by redesignating subsection b as subsection c and 3 by inserting after subsection a the following new subsection b ‘‘ b CONSOLIDATED BUDGET JUSTIFICATION DISPLAY —The Secretary of Defense shall include in the budget materials submitted to Congress under section 1105 of title 31 for fiscal year 2022 and any subsequent fiscal year a consolidated budget justification display containing the same information as is required in the budget justification displays required under subsection a Such consolidated budget justification display may be provided as a summary by appropriation for each military department and a summary by appropriation for all Defense Agencies ’’ SEC 1003 APPLICATION OF FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION PLAN TO FISCAL YEARS FOLLOWING FISCAL YEAR 2020 Section 240b a 2 A iii of title 10 United States Code is amended by striking ‘‘for fiscal year 2018’’ and all that follows and inserting ‘‘for each fiscal year after fiscal year 2020 occurs by not later than March 31 following such fiscal year ’’ H R 6395—450 SEC 1004 INCENTIVES FOR THE ACHIEVEMENT BY THE COMPONENTS OF THE DEPARTMENT OF DEFENSE OF UNQUALIFIED AUDIT OPINIONS ON THE FINANCIAL STATEMENTS a INCENTIVES REQUIRED — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Under Secretary of Defense Comptroller acting through the Deputy Chief Financial Officer of the Department of Defense shall develop and issue guidance to provide incentives for the achievement by each department agency and other component of the Department of Defense of unqualified audit opinions on their financial statements 2 APPLICABILITY —The guidance required under paragraph 1 shall provide incentives for individual employees in addition to departments agencies and components b REPORT —Section 240b b 1 B of title 10 United States Code is amended by adding at the end the following new clause ‘‘ xiii An description of the incentives available pursuant to the guidance required by section 1004 a of the William M Mac Thornberry National Defense Authorization Act for Fiscal Year 2021 including a detailed explanation of how such incentives were provided during the fiscal year covered by the report ’’ SEC 1005 AUDIT READINESS AND REMEDIATION a AUDIT REMEDIATION PLAN —Section 240g a of title 10 United States Code is amended— 1 in paragraph 2 by striking ‘‘and’’ at the end 2 in paragraph 3 by striking the period and inserting ‘‘ and’’ and 3 by adding at the end the following new paragraphs ‘‘ 4 the amount spent by the Department on operating and maintaining financial management systems during the preceding five fiscal years and ‘‘ 5 the amount spent by the Department on acquiring or developing new financial management systems during such five fiscal years ’’ b ANNUAL REPORT ON UNFUNDED PRIORITIES — 1 IN GENERAL —Chapter 9A of title 10 United States Code is amended by adding at the end the following new section ‘‘§ 240i Annual report on unfunded priorities ‘‘ a IN GENERAL —Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31 the Under Secretary of Defense Comptroller shall submit to the Secretary of Defense the Chairman of the Joint Chiefs of Staff and the congressional defense committees a report on unfunded priorities of the Department of Defense related to audit readiness and remediation ‘‘ b ELEMENTS — 1 Each report under subsection a shall include for each unfunded priority covered by such report the following ‘‘ A A summary description of such priority including the objectives to be achieved if such priority were to be funded whether in whole or in part H R 6395—451 ‘‘ B The additional amount of funds recommended in connection with the objectives identified under subparagraph A ‘‘ C Account information with respect to such priority including as applicable the following ‘‘ i Line item number in the case of applicable procurement accounts ‘‘ ii Program element number in the case of applicable research development test and evaluation accounts ‘‘ iii Sub-activity group in the case of applicable operation and maintenance accounts ‘‘ 2 The Under Secretary shall ensure that the unfunded priorities covered by a report under subsection a are listed in the order of urgency of priority as determined by the Under Secretary ‘‘ c UNFUNDED PRIORITY DEFINED —In this section the term ‘unfunded priority’ with respect to a fiscal year means an activity related to an audit readiness or remediation effort stemming from a relevant requirement under the Chief Financial Officer Act Public Law 101–576 chapter 9 of title 31 or this chapter that— ‘‘ 1 is not funded in the budget of the President for that fiscal year as submitted to Congress pursuant to section 1105 of title 31 ‘‘ 2 is necessary to address a shortfall in an audit readiness or remediation activity and ‘‘ 3 would have been recommended for funding through the budget referred to in paragraph 1 if— ‘‘ A additional resources had been available for the budget to fund the program activity or mission requirement or ‘‘ B the program activity or mission requirement had emerged before the budget was formulated ’’ 2 CLERICAL AMENDMENT —The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 240h the following new item ‘‘240i Annual report on unfunded priorities ’’ SEC 1006 ADDITION OF CHIEF OF THE NATIONAL GUARD BUREAU TO THE LIST OF OFFICERS PROVIDING REPORTS OF UNFUNDED PRIORITIES Section 222a of title 10 United States Code is amended— 1 in subsection b as amended by section 924 by adding at the end the following new paragraph ‘‘ 7 The Chief of the National Guard Bureau in the role assigned to that position in section 10502 c 1 of this title ’’ and 2 in subsection c by adding at the end the following new paragraph ‘‘ 3 NATIONAL GUARD UNFUNDED PRIORITIES — ‘‘ A IN GENERAL —The officer specified under subsection b 6 shall only include in a report submitted under subsection a such priorities that— ‘‘ i relate to equipping requirements in support of non-federalized National Guard responsibilities for the homeland defense or civil support missions and ‘‘ ii except as provided in subparagraph B were not included in a report under this section submitted by an officer specified in subsection b 1 or 3 for H R 6395—452 any of five fiscal years preceding the fiscal year for which the report is submitted on behalf of National Guard forces to address a warfighting requirement ‘‘ B EXCEPTION —The officer specified under subsection b 6 may include in a report submitted under subsection a an unfunded priority covered by subparagraph A ii if the Secretary of Defense— ‘‘ i determines that the inclusion such unfunded priority reasonably supports the priorities of the Department under the national defense strategy under section 113 g of this title and ‘‘ ii submits to the congressional defense committees written notice of such determination ’’ 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 Section 284 h of title 10 United States Code is amended by adding at the end the following new paragraph ‘‘ 3 QUARTERLY REPORTS — ‘‘ A IN GENERAL —Not less frequently than once each quarter the Secretary shall submit to the appropriate committees of Congress a report on Department of Defense support provided under subsection b during the quarter preceding the quarter during which the report is submitted Each such report shall be submitted in written and electronic form and shall include— ‘‘ i an identification of each recipient of such support ‘‘ ii a description of the support provided and anticipated duration of such support and ‘‘ iii a description of the sources and amounts of funds used to provide such support ‘‘ B APPROPRIATE COMMITTEES OF CONGRESS —Notwithstanding subsection i 1 for purposes of a report under this paragraph the appropriate committees of Congress are— ‘‘ i the Committees on Armed Services of the Senate and House of Representatives and ‘‘ ii any committee with jurisdiction over the department or agency that receives support covered by the report ’’ Subtitle C—Naval Vessels SEC 1021 LIMITATION ON AVAILABILITY OF CERTAIN FUNDS WITHOUT NAVAL VESSELS PLAN AND CERTIFICATION Section 231 of title 10 United States Code is amended— 1 in subsection a — A by striking ‘‘Secretary of Defense’’ and inserting ‘‘Secretary of the Navy’’ and B by striking ‘‘and’’ after the colon and H R 6395—453 2 in subsection e — A in paragraph 1 by striking ‘‘the Secretary of the Navy may not use more than 50 percent of the funds’’ and inserting ‘‘the Secretary of Defense may not use more than 25 percent of the funds’’ and B in paragraph 2 — i by striking ‘‘Secretary of the Navy’’ and inserting ‘‘Secretary of Defense’’ ii by striking ‘‘operation and maintenance Navy’’ and inserting ‘‘operation and maintenance Defensewide’’ and iii by inserting before the period at the end the following ‘‘ that remain available for obligation or expenditure as of the date on which the plan and certification under subsection a are required to be submitted’’ SEC 1022 LIMITATIONS ON USE OF FUNDS IN NATIONAL DEFENSE SEALIFT FUND FOR PURCHASE OF FOREIGN CONSTRUCTED VESSELS Section 2218 f 3 of title 10 United States Code is amended— 1 in subparagraph C by striking ‘‘seven’’ and inserting ‘‘nine’’ 2 in subparagraph E — A in the matter preceding clause i by striking ‘‘two’’ and inserting ‘‘four’’ and B in clause ii by striking ‘‘2026’’ and inserting ‘‘2028’’ and 3 in subparagraph G by striking ‘‘subparagraph E ’’ and inserting ‘‘subparagraph F ’’ SEC 1023 USE OF NATIONAL SEA-BASED DETERRENCE FUND FOR INCREMENTALLY FUNDED CONTRACTS TO PROVIDE FULL FUNDING FOR COLUMBIA CLASS SUBMARINES a IN GENERAL —Section 2218a h 1 of title 10 United States Code is amended— 1 by striking ‘‘incrementally funded contracts for’’ and all that follows and inserting ‘‘incrementally funded contracts for—’’ and 2 by adding at the end the following new subparagraphs ‘‘ A advance procurement of high value long lead time items for nuclear powered vessels to better support construction schedules and achieve cost savings through schedule reductions and properly phased installment payments and ‘‘ B construction of the first two Columbia class submarines ’’ b LIMITATION —None of the amounts authorized to be appropriated or otherwise made available for any of fiscal years 2021 through 2023 for the Department of Defense for Shipbuilding and Conversion Navy for the ‘‘Ohio Replacement Submarine’’ line item may be obligated or expended for the construction of SSBN 827 unless otherwise specifically provided by law SEC 1024 PREFERENCE FOR UNITED STATES VESSELS IN TRANSPORTING SUPPLIES BY SEA a PREFERENCE SUPPLIES BY SEA — FOR UNITED STATES VESSELS IN TRANSPORTING H R 6395—454 1 IN GENERAL —Section 2631 of title 10 United States Code is amended to read as follows ‘‘§ 2631 Preference for United States vessels in transporting supplies by sea ‘‘ a IN GENERAL —Supplies bought for the Army Navy Air Force or Marine Corps or for a Defense Agency or otherwise transported by the Department of Defense may only be transported by sea in— ‘‘ 1 a vessel belonging to the United States or ‘‘ 2 a vessel of the United States as such term is defined in section 116 of title 46 ‘‘ b WAIVER AND NOTIFICATION — 1 The Secretary of Defense may waive the requirement under subsection a if such a vessel is— ‘‘ A not available at a fair and reasonable rate for commercial vessels of the United States or ‘‘ B otherwise not available ‘‘ 2 At least once each fiscal year the Secretary of Defense shall submit in writing to the appropriate congressional committees a notice of any waiver granted under this subsection and the reasons for such waiver ‘‘ c REQUIREMENTS FOR REFLAGGING OR REPAIR WORK — 1 In each request for proposals to enter into a time-charter contract for the use of a vessel for the transportation of supplies under this section the Secretary of Defense shall require that— ‘‘ A any reflagging or repair work on a vessel for which a proposal is submitted in response to the request for proposals be performed in the United States including any territory of the United States and ‘‘ B any corrective and preventive maintenance or repair work on a vessel under contract pursuant to this section relevant to the purpose of such contract be performed in the United States including any territory of the United States for the duration of the contract to the greatest extent practicable ‘‘ 2 The Secretary of Defense may waive a requirement under paragraph 1 if the Secretary determines that such waiver is critical to the national security of the United States The Secretary shall immediately submit in writing to the appropriate congressional committees a notice of any waiver granted under this paragraph and the reasons for such waiver ‘‘ 3 In this subsection ‘‘ A The term ‘reflagging or repair work’ means work performed on a vessel— ‘‘ i to enable the vessel to meet applicable standards to become a vessel of the United States or ‘‘ ii to convert the vessel to a more useful military configuration ‘‘ B The term ‘corrective and preventive maintenance or repair’ means— ‘‘ i maintenance or repair actions performed as a result of a failure in order to return or restore equipment to acceptable performance levels and ‘‘ ii scheduled maintenance or repair actions to prevent or discover functional failures H R 6395—455 ‘‘ d COMPLIANCE —The Secretary of Defense shall ensure that contracting officers of the Department of Defense award contracts under this section to responsible offerors and monitor and ensure compliance with the requirements of this section The Secretary shall— ‘‘ 1 ensure that timely accurate and complete information on contractor performance under this section is included in any contractor past performance database used by an executive agency and ‘‘ 2 exercise appropriate contractual rights and remedies against contractors who fail to comply with this section or subchapter I of chapter 553 of title 46 as determined by the Secretary of Transportation under such subchapter including by— ‘‘ A determining that a contractor is ineligible for an award of such a contract or ‘‘ B terminating such a contract or suspension or debarment of the contractor for such contract ‘‘ e APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘appropriate congressional committees’ means— ‘‘ 1 the Committees on Armed Services of the Senate and the House of Representatives ‘‘ 2 the Committee on Transportation and Infrastructure of the House of Representatives and ‘‘ 3 the Committee on Commerce Science and Transportation of the Senate ’’ 2 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 157 of title 10 United States Code is amended by striking the item relating to section 2631 and inserting the following new item ‘‘2631 Preference for United States vessels in transporting supplies by sea ’’ b AMENDMENTS TO TITLE 46 UNITED STATES CODE — 1 TRANSFER OF PROVISION RELATING TO PRIORITY LOADING FOR COAL — A IN GENERAL —Section 55301 of title 46 United States Code is redesignated as section 55123 of such title transferred to appear after section 55122 of such title and amended so that the enumerator section heading typeface and typestyle conform to those appearing in other sections in such title B CONFORMING AMENDMENTS — i The analysis for subchapter I of chapter 553 of title 46 United States Code is amended by striking the item relating to section 55301 ii The analysis for chapter 551 of title 46 United States Code is amended by inserting after the item relating to section 55122 the following new item ‘‘55123 Priority loading for coal ’’ 2 AMENDMENT TO SUBCHAPTER HEADING —The heading of subchapter I of chapter 553 of title 46 United States Code is amended to read as follows H R 6395—456 ‘‘SUBCHAPTER I—GOVERNMENT IMPELLED TRANSPORTATION’’ SEC 1025 RESTRICTIONS ON OVERHAUL REPAIR ETC OF NAVAL VESSELS IN FOREIGN SHIPYARDS a EXCEPTION FOR DAMAGE REPAIR DUE TO HOSTILE ACTIONS OR INTERVENTIONS —Section 8680 a of title 10 United States Code is amended— 1 in paragraph 1 by striking ‘‘ other than in the case of voyage repairs’’ and 2 by adding at the end the following new paragraph ‘‘ 3 Notwithstanding paragraph 1 a naval vessel described in paragraph 1 may be repaired in a shipyard outside the United States or Guam if the repairs are— ‘‘ A voyage repairs or ‘‘ B necessary to correct damage sustained due to hostile actions or interventions ’’ b LIMITED AUTHORITY TO USE FOREIGN WORKERS —Section 8680 a 2 B i of title 10 United States Code is amended— 1 by inserting ‘‘ I ’’ after ‘‘ i ’’ and 2 by adding at the end the following new subclauses ‘‘ II Notwithstanding subclause I foreign workers may be used to perform corrective and preventive maintenance or repair on a vessel as described in subparagraph A only if the Secretary of the Navy determines that travel by United States Government personnel or United States contractor personnel to perform the corrective or preventive maintenance or repair is not advisable for health or safety reasons The Secretary of the Navy may not delegate the authority to make a determination under this subclause ‘‘ III Not later than 30 days after making a determination under subclause II the Secretary of the Navy shall submit to the congressional defense committees written notification of the determination The notification shall include the reasons why travel by United States personnel is not advisable for health or safety reasons the location where the corrective and preventive maintenance or repair will be performed and the approximate duration of the corrective and preventive maintenance or repair ’’ c TECHNICAL CORRECTION —Section 8680 a 2 C ii of title 10 United States Code is amended by striking the period after ‘‘means—’’ SEC 1026 BIENNIAL REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE INDUSTRIAL BASE a IN GENERAL —Chapter 863 of title 10 United States Code is amended by adding at the end the following new section ‘‘§ 8692 Biennial report on shipbuilder training and the defense industrial base ‘‘Not later than February 1 of each even-numbered year until 2026 the Secretary of the Navy in coordination with the Secretary of Labor shall submit to the Committee on Armed Services and the Committee on Health Education Labor and Pensions of the Senate and the Committee on Armed Services and the Committee on Education and Labor of the House of Representatives a report on shipbuilder training and hiring requirements necessary to achieve the Navy’s 30-year shipbuilding plan and to maintain the shipbuilding readiness of the defense industrial base Each such report shall include each of the following H R 6395—457 ‘‘ 1 An analysis and estimate of the time and investment required for new shipbuilders to gain proficiency in particular shipbuilding occupational specialties including detailed information about the occupational specialty requirements necessary for construction of naval surface ship and submarine classes to be included in the Navy’s 30-year shipbuilding plan ‘‘ 2 An analysis of the age demographics and occupational experience level measured in years of experience of the shipbuilding defense industrial workforce ‘‘ 3 An analysis of the potential time and investment challenges associated with developing and retaining shipbuilding skills in organizations that lack intermediate levels of shipbuilding experience ‘‘ 4 Recommendations concerning how to address shipbuilder training during periods of demographic transition and evolving naval fleet architecture consistent with the Navy’s most recent Integrated Force Structure Assessment ‘‘ 5 An analysis of whether emerging technologies such as augmented reality may aid in new shipbuilder training ‘‘ 6 Recommendations concerning how to encourage young adults to enter the defense shipbuilding industry and to develop the skills necessary to support the shipbuilding defense industrial base ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of such chapter is amended by adding at the end the following new item ‘‘8692 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 a IN GENERAL —Section 1046 b 1 of the National Defense Authorization Act for Fiscal Year 2018 Public law 115–91 131 Stat 1556 is amended by striking ‘‘certifies’’ and inserting ‘‘ with the concurrence of the Director of Operational Test and Evaluation certifies in writing’’ b EFFECTIVE DATE —The amendment made by subsection a shall take effect on the date of the enactment of this Act and shall apply with respect to waivers under subsection b 1 of section 1046 of the National Defense Authorization Act for Fiscal Year 2018 of the prohibition under subsection a of that section that occur on or after that date SEC 1028 EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS OPERATIONS AFLOAT Section 1014 b of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 Public Law 110–417 122 Stat 4585 as most recently amended by section 1023 a of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114–92 129 Stat 966 is further amended by striking ‘‘September 30 2020’’ and inserting ‘‘September 30 2025’’ SEC 1029 WORKING GROUP ON STABILIZATION OF NAVY SHIPBUILDING INDUSTRIAL BASE WORKFORCE a IN GENERAL —The Secretary of the Navy and the Secretary of Labor shall jointly establish and appoint members to a working H R 6395—458 group which shall make recommendations to enhance the integration of programs resources and expertise to strengthen the Navy shipbuilding industrial base through greater stabilization of the workforce available to the Navy shipbuilding industrial base b DUTIES —The working group established pursuant to subsection a shall carry out the following activities 1 Analyze existing Department of the Navy shipbuilding contracts and other relevant information to better anticipate future employment trends and tailor support and opportunities for workers most vulnerable to upcoming workforce fluctuations 2 Identify existing Department of Labor programs for unemployed underemployed and furloughed employees that could benefit the Navy shipbuilding industrial base workforce during times of workload fluctuations and workforce instability and explore potential partnerships to connect employees with appropriate resources 3 Explore possible cost sharing agreements to enable the Secretary of the Navy to contribute funding to existing Department of Labor workforce programs to support the Navy shipbuilding industrial base workforce 4 Examine possible programs that will specifically assist furloughed employees in the Navy shipbuilding industrial base workforce who may sporadically rely on unemployment benefits 5 Explore opportunities for unemployed underemployed or furloughed employees in the Navy shipbuilding industrial base workforce to receive workforce training through temporary partnerships with States technical schools community colleges and other local workforce development opportunities 6 Review existing training programs for the Navy shipbuilding industrial base workforce to maximize relevant and necessary training opportunities that would broaden employee skillset during times of unemployment underemployment or furlough where applicable 7 Assess the possibility of Navy shipbuilding employee support programs to weather a period of unemployment underemployment or furlough including compensation options alternative employment temporary stipends or other worker support opportunities 8 Study cross-State credentialing requirements and identify any restrictions that inhibit the flexibility of the Navy shipbuilding industrial base workforce to seek employment opportunities across State lines and make recommendations to streamline licensing credentialing certification and qualification requirements within the shipbuilding industry 9 Review additional or new contracting authorities that could enable the Department of the Navy to award shortterm flexible contracts that will prioritize work for unemployed underemployed or furloughed employees within the Navy shipbuilding industrial base workforce 10 Identify specific workforce support programs to support suppliers of all sizes within the Navy shipbuilding industrial base and assess any additional support from prime contractors that would improve the stability of such suppliers 11 Assess whether greater collaboration with the United States Coast Guard and its shipbuilding contractors and subcontractors would improve Navy shipbuilding industrial base H R 6395—459 workforce stability by assessing a totality of Navy and Coast Guard shipbuilding demands 12 Consider potential pilot programs that will specifically address Navy shipbuilding industrial base workforce stability 13 Explore any additional opportunities to invest in recruiting retaining and training a skilled Navy shipbuilding industrial base workforce 14 Consider and incorporate the findings and recommendations as appropriate of the report on shipbuilder training and the defense industrial base required under section 1037 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1583 c NOTICE OF ESTABLISHMENT AND STRUCTURE —Not later than 90 days after the date of the enactment of this Act the Secretary of the Navy in coordination with the Secretary of Labor shall submit to the congressional defense committees notice regarding the membership and structure of the working group established pursuant to subsection a d REPORT —Not later than one year after the date of the enactment of this Act the Secretary of the Navy in consultation with the Secretary of Labor shall submit to the congressional defense committees the Committee on Health Education Labor and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report containing the findings and recommendations of the working group established pursuant to subsection a e TERMINATION —The working group established pursuant to subsection a shall terminate on the date that is 30 days after the submittal of the report required under subsection d SEC 1030 LIMITATION ON NAVAL FORCE STRUCTURE CHANGES None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Navy may be obligated or expended to retire or to prepare for the retirement transfer or placement in storage of any Department of the Navy ship until the date that is 30 days after the date on which Secretary of Defense submits to the congressional defense committees the 2020 Naval Integrated Force Structure Assessment 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 Section 1033 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 1953 as amended by section 1043 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1586 is further amended by striking ‘‘December 31 2020’’ and inserting ‘‘December 31 2021’’ H R 6395—460 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 Section 1034 a of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 1954 as amended by section 1044 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1586 is further amended by striking ‘‘December 31 2020’’ and inserting ‘‘December 31 2021’’ 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 Section 1035 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 1954 as amended by section 1042 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1568 is further amended by striking ‘‘December 31 2020’’ and inserting ‘‘December 31 2021’’ SEC 1044 EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR RELINQUISH CONTROL OF UNITED STATES NAVAL STATION GUANTANAMO BAY CUBA Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 131 Stat 1551 as most recently amended by section 1045 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1586 is further amended by striking ‘‘fiscal year 2018 2019 or 2020’’ and inserting ‘‘fiscal years 2018 through 2021’’ Subtitle E—Miscellaneous Authorities and Limitations SEC 1051 SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM Section 127e of title 10 United States Code is amended— 1 by striking subsection c and inserting the following new subsection c ‘‘ c PROCEDURES — ‘‘ 1 IN GENERAL —The authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section The Secretary shall notify the congressional defense committees of any material change to such procedures ‘‘ 2 ELEMENTS —The procedures required under paragraph 1 shall establish at a minimum each of the following ‘‘ A Policy strategy or other guidance for the execution of and constraints within activities conducted under this section ‘‘ B The processes through which activities conducted under this section are to be developed validated and coordinated as appropriate with relevant Federal entities ‘‘ C The processes through which legal reviews and determinations are made to comply with this section and H R 6395—461 ensure that the exercise of the authority in this section is consistent with the national security of the United States ’’ 2 in subsection d 2 by adding at the end the following new subparagraphs ‘‘ G A description of the entities with which the recipients of support are engaged in hostilities and whether each such entity is covered under an authorization for use of military force ‘‘ H A description of the steps taken to ensure the support is consistent with United States national security objectives ‘‘ I A description of the steps taken to ensure that the recipients of support have not engaged in human rights violations ’’ 3 by redesignating subsections e through h as subsections f through i respectively 4 by inserting after subsection d the following new subsection e ‘‘ e NOTIFICATION OF SUSPENSION OR TERMINATION OF SUPPORT — ‘‘ 1 IN GENERAL —Not later than 48 hours after suspending or terminating support to any foreign force irregular force group or individual under the authority in this section the Secretary shall submit to the congressional defense committees a written notice of such suspension or termination ‘‘ 2 ELEMENTS —Notice provided under paragraph 1 with respect to the suspension or termination of support shall include each of the following elements ‘‘ A A description of the reasons for the suspension or termination of such support ‘‘ B A description of any effects on regional theatre or global campaign plan objectives anticipated to result from the suspension or termination of such support ‘‘ C A plan for the suspension or termination of the support and in the case of support that is planned to be transitioned to another program of the Department of Defense or another Federal department or agency a detailed description of the transition plan including the resources equipment capabilities and personnel associated with such plan ’’ and 5 by striking subsection g as redesignated by paragraph 3 and inserting the following new subsection g ‘‘ g CONSTRUCTION OF AUTHORITY —Nothing in this section may be construed to constitute authority to conduct or provide statutory authorization for any of the following ‘‘ 1 A covert action as such term is defined in section 503 e of the National Security Act of 1947 50 U S C 3093 e ‘‘ 2 An introduction of the armed forces including as such term is defined in section 8 c of the War Powers Resolution 50 U S C 1547 c into hostilities or into situations where hostilities are clearly indicated by the circumstances without specific statutory authorization within the meaning of section 5 b of such Resolution 50 U S C 1544 b ‘‘ 3 Activities or support of activities directly or indirectly that are inconsistent with the laws of armed conflict ’’ H R 6395—462 SEC 1052 EXPENDITURE OF FUNDS FOR DEPARTMENT OF DEFENSE CLANDESTINE ACTIVITIES THAT SUPPORT OPERATIONAL PREPARATION OF THE ENVIRONMENT a IN GENERAL —Chapter 3 of title 10 United States Code is amended by inserting after section 127e the following new section ‘‘§ 127f Expenditure of funds for clandestine activities that support operational preparation of the environment ‘‘ a AUTHORITY —Subject to subsections b through d the Secretary of Defense may expend up to $15 000 000 in any fiscal year for clandestine activities for any purpose the Secretary determines to be proper for preparation of the environment for operations of a confidential nature Such a determination is final and conclusive upon the accounting officers of the United States The Secretary may certify the amount of any such expenditure authorized by the Secretary that the Secretary considers advisable not to specify and the Secretary’s certificate is sufficient voucher for the expenditure of that amount ‘‘ b FUNDS —Funds for expenditures under this section in a fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for operation and maintenance Defensewide ‘‘ c LIMITATION ON DELEGATION —The Secretary of Defense may not delegate the authority under this section with respect to any expenditure in excess of $250 000 ‘‘ d EXCLUSION OF INTELLIGENCE ACTIVITIES — 1 This section does not constitute authority to conduct or expend funds for intelligence counterintelligence or intelligence-related activities ‘‘ 2 In this subsection the terms ‘intelligence’ and ‘counterintelligence’ have the meaning given those terms in section 3 of the National Security Act of 1947 50 U S C 3003 ‘‘ e ANNUAL REPORT —Not later than December 31 each year the Secretary of Defense shall submit to the congressional defense committees a report on expenditures made under this section during the fiscal year preceding the year in which the report is submitted Each report shall include for each expenditure under this section during the fiscal year covered by such report— ‘‘ 1 the amount and date of such expenditure ‘‘ 2 a detailed description of the purpose for which such expenditure was made ‘‘ 3 an explanation why other authorities available to the Department of Defense could not be used for such expenditure and ‘‘ 4 any other matters the Secretary considers appropriate ’’ H R 6395—463 b CLERICAL AMENDMENT —The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 127e the following new item ‘‘127f Expenditure of funds for 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 a INCLUSION OF DISASTER-RELATED EMERGENCY PREPAREDNESS ACTIVITIES AMONG LAW ENFORCEMENT ACTIVITIES AUTHORITIES — 1 INCLUSION —Subsection a 1 A of section 2576a of title 10 United States Code is amended by inserting ‘‘disasterrelated emergency preparedness ’’ after ‘‘counterterrorism ’’ 2 PREFERENCE IN TRANSFERS —Subsection d of such section is amended to read as follows ‘‘ d PREFERENCE FOR CERTAIN TRANSFERS —In considering applications for the transfer of personal property under this section the Secretary shall give a preference to applications indicating that the transferred property will be used in the counterdrug counterterrorism disaster-related emergency preparedness or border security activities of the recipient agency Applications that request vehicles used for disaster-related emergency preparedness such as high-water rescue vehicles should receive the highest preference ’’ b ADDITIONAL CONDITIONS AND LIMITATIONS — 1 ADDITIONAL TRAINING OF RECIPIENT AGENCY PERSONNEL REQUIRED —Subsection b 6 of section 2576a of title 10 United States Code is amended by inserting before the period at the end the following ‘‘ including respect for the rights of citizens under the Constitution of the United States and deescalation of force’’ 2 CERTAIN PROPERTY NOT TRANSFERRABLE —Such section is further amended— A by redesignating subsections e and f as subsections f and g respectively and B by inserting after subsection d the following new subsection e ‘‘ e PROPERTY NOT TRANSFERRABLE —The Secretary may not transfer to a Tribal State or local law enforcement agency under this section the following ‘‘ 1 Bayonets ‘‘ 2 Grenades other than stun and flash-bang grenades ‘‘ 3 Weaponized tracked combat vehicles ‘‘ 4 Weaponized drones ’’ SEC 1054 PROHIBITION ON RETIREMENT OF NUCLEAR POWERED AIRCRAFT CARRIERS BEFORE FIRST REFUELING Section 8062 of title 10 United States Code is amended by adding at the end the following new subsection ‘‘ f A nuclear powered aircraft carrier may not be retired before its first refueling ’’ H R 6395—464 SEC 1055 REAUTHORIZATION OF NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM a NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM —Section 8931 of title 10 United States Code is amended to read as follows ‘‘SEC 8931 NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM ‘‘ a ESTABLISHMENT —The Secretary of the Navy shall establish a program to be known as the ‘National Oceanographic Partnership Program’ ‘‘ b PURPOSES —The purposes of the program are as follows ‘‘ 1 To promote the national goals of assuring national security advancing economic development protecting quality of life ensuring environmental stewardship and strengthening science education and communication through improved knowledge of the ocean ‘‘ 2 To coordinate and strengthen oceanographic efforts in support of those goals by— ‘‘ A creating and carrying out partnerships among Federal agencies academia industry and other members of the oceanographic community in the areas of science data technology development resources education and communication and ‘‘ B accepting planning and executing oceanographic research projects funded by grants contracts cooperative agreements or other vehicles as appropriate that contribute to assuring national security advancing economic development protecting quality of life ensuring environmental stewardship and strengthening science education and communication through improved knowledge of the ocean ’’ b OCEAN POLICY COMMITTEE — 1 IN GENERAL —Section 8932 of such title is amended— A by striking subsections a through f B by inserting the following new subsections a through e ‘‘ a COMMITTEE —There is established an Ocean Policy Committee hereinafter referred to as the ‘Committee’ The Committee shall retain broad and inclusive membership ‘‘ b RESPONSIBILITIES —The Committee shall— ‘‘ 1 continue the activities of that Committee as it was in existence on the day before the date of the enactment of the William M Mac Thornberry National Defense Authorization Act for Fiscal Year 2021 ‘‘ 2 engage and collaborate pursuant to existing laws and regulations with stakeholders including regional ocean partnerships to address ocean-related matters that may require interagency or intergovernmental solutions ‘‘ 3 facilitate coordination and integration of Federal activities in ocean and coastal waters to inform ocean policy and identify priority ocean research technology and data needs and ‘‘ 4 prescribe policies and procedures to implement the National Oceanographic Partnership Program including developing guidelines for review selection identification and approval of partnership projects in conjunction with Federal H R 6395—465 agencies participating in the program for implementation under the program based on— ‘‘ A whether the project addresses important research objectives or operational goals ‘‘ B whether the project has or is designed to have appropriate participation or support from public academic commercial and private entities within the oceanographic community ‘‘ C whether the partners have a long-term commitment to the objectives of the project ‘‘ D whether the resources supporting the project are shared among the partners ‘‘ E whether the project has been subjected to adequate scientific and technical merit review according to each participating agency and ‘‘ F the approval of such guidelines by a consensus of the members of the Committee ‘‘ c DELEGATION OF RESPONSIBILITIES —In discharging its responsibilities in support of agreed-upon scientific needs and to assist in the execution of the responsibilities described in subsection b the Committee may delegate responsibilities to a subcommittee of the Committee as the Committee determines appropriate ‘‘ d ANNUAL REPORT AND BRIEFING — 1 Not later than March 1 of each year the Committee shall— ‘‘ A make publicly available on an appropriate website a report on the National Oceanographic Partnership Program and ‘‘ B provide to the appropriate congressional committees a briefing on the contents of the report ‘‘ 2 Not later than 30 days after providing a briefing under paragraph 1 B the Committee shall make publicly available on an appropriate website the briefing materials covered by the briefing ‘‘ 3 Each report and briefing shall include the following ‘‘ A A description of activities of the National Oceanographic Partnership Program carried out during the fiscal year preceding the fiscal year during which the report is published ‘‘ B A general outline of the activities planned for the program during the fiscal year during which the report is published ‘‘ C A summary of projects partnerships and collaborations including the Federal and non-Federal sources of funding continued from the fiscal year preceding the fiscal year during which the report is published and projects expected to begin during the fiscal year during which the report is published and any subsequent fiscal year as required under subsection e 4 C ‘‘ D The amounts requested in the budget submitted to Congress pursuant to section 1105 a of title 31 for the fiscal year following the fiscal year during which the report is published for the programs projects activities and the estimated expenditures under such programs projects and activities to execute the National Oceanographic Partnership Program ‘‘ E A summary of national ocean research priorities informed by the Ocean Research Advisory Panel as required under section 8933 b 4 of this title H R 6395—466 ‘‘ F A list of the members of the Ocean Research Advisory Panel established under section 8933 a of this title and any working groups described in subsection e 4 A in existence during the fiscal years covered by the report ‘‘ e PARTNERSHIP PROGRAM OFFICE — 1 The Secretary of the Navy and Administrator of the National Oceanic and Atmospheric Administration shall jointly establish a partnership program office for the National Oceanographic Partnership Program ‘‘ 2 The Secretary of the Navy and Administrator of the National Oceanic and Atmospheric Administration shall use competitive procedures to select a non-Government entity to manage the partnership program office ‘‘ 3 The Committee shall monitor the management of the partnership program office ‘‘ 4 The partnership program office shall perform the following duties ‘‘ A Supporting working groups established by the Committee or subcommittee and reporting to the Committee and to any Federal agency that has contributed amounts to the National Oceanographic Partnership Program on the activities of such working groups including the proposals of such working groups for partnership projects ‘‘ B Supporting the process for proposing partnership projects to the Committee and to the agencies referred to in subparagraph A including where appropriate managing review of such projects ‘‘ C Submitting to the appropriate congressional committees and making publicly available an annual report on the status of all partnership projects including the Federal and non-Federal sources of funding for each project and activities of the office ‘‘ D Performing such additional duties for the administration of the National Oceanographic Partnership Program that the Committee and the agencies referred to in subparagraph A consider appropriate ’’ C by redesignating subsections g and h as subsections f and g respectively D in subsections f and g as so redesignated by striking ‘‘Council’’ each place it appears and inserting ‘‘Committee’’ E by inserting after subsection g as so redesignated the following new subsection h ‘‘ h APPROPRIATE CONGRESSIONAL COMMITTEES —In this section the term ‘appropriate congressional committees’ means— ‘‘ 1 the Committee on Commerce Science and Transportation of the Senate ‘‘ 2 the Committee on Armed Services of the Senate ‘‘ 3 the Committee on Appropriations of the Senate ‘‘ 4 the Committee on Natural Resources of the House of Representatives ‘‘ 5 the Committee on Science Space and Technology of the House of Representatives ‘‘ 6 the Committee on Armed Services of the House of Representatives and ‘‘ 7 the Committee on Appropriations of the House of Representatives ’’ 2 CLERICAL AMENDMENTS — H R 6395—467 A SECTION HEADING —The heading for section 8932 of title 10 United States Code is amended to read as follows ‘‘§ 8932 Ocean Policy Committee’’ B TABLE OF SECTIONS —The table of sections at the beginning of chapter 893 of title 10 United States Code is amended by striking the item relating to section 8932 and inserting the following new item ‘‘8932 Ocean Policy Committee ’’ c OCEAN RESEARCH ADVISORY PANEL —Section 8933 of such title is amended to read as follows ‘‘§ 8933 Ocean Research Advisory Panel ‘‘ a ESTABLISHMENT — 1 The Ocean Policy Committee shall establish an Ocean Research Advisory Panel in this section referred to as the ‘Advisory Panel’ The Advisory Panel shall consist of not fewer than 10 and not more than 18 members appointed by the co-chairs of the Committee including each of the following ‘‘ A Three members who represent the National Academies of Sciences Engineering and Medicine ‘‘ B Members selected from among individuals who represent the views of ocean industries State tribal territorial or local governments academia and such other views as the co-chairs consider appropriate ‘‘ C Members selected from among individuals eminent in the fields of marine science marine technology and marine policy or related fields ‘‘ 2 The Committee shall ensure that an appropriate balance of academic scientific industry and geographical interests and gender and racial diversity are represented by the members of the Advisory Panel ‘‘ b RESPONSIBILITIES —The Committee shall assign the following responsibilities to the Advisory Panel ‘‘ 1 To advise the Committee on policies and procedures to implement the National Oceanographic Partnership Program ‘‘ 2 To advise the Committee on matters relating to national oceanographic science engineering facilities or resource requirements ‘‘ 3 To advise the Committee on improving diversity equity and inclusion in the ocean sciences and related fields ‘‘ 4 To advise the Committee on national ocean research priorities ‘‘ 5 Any additional responsibilities that the Committee considers appropriate ‘‘ c MEETINGS —The Committee shall require the Advisory Panel to meet not less frequently than two times each year ‘‘ d ADMINISTRATIVE AND TECHNICAL SUPPORT —The Administrator of the National Oceanic and Atmospheric Administration shall provide to the Advisory Panel such administrative and technical support as the Advisory Panel may require ‘‘ e TERMINATION —Notwithstanding section 14 of the Federal Advisory Committee Act 5 U S C App the Advisory Panel shall terminate on January 1 2040 ’’ H R 6395—468 SEC 1056 MODIFICATION AND TECHNICAL CORRECTION TO DEPARTMENT OF DEFENSE AUTHORITY TO PROVIDE ASSISTANCE ALONG THE SOUTHERN LAND BORDER OF THE UNITED STATES a AUTHORITY —Subsection a of section 1059 of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114– 92 129 Stat 986 10 U S C 271 note prec is amended to read as follows ‘‘ a AUTHORITY — ‘‘ 1 PROVISION OF ASSISTANCE — ‘‘ A IN GENERAL —The Secretary of Defense may provide assistance to United States Customs and Border Protection for purposes of increasing ongoing efforts to secure the southern land border of the United States in accordance with the requirements of this section ‘‘ B REQUIREMENTS —If the Secretary provides assistance under subparagraph A the Secretary shall ensure that the provision of the assistance will not negatively affect military training operations readiness or other military requirements ‘‘ 2 NOTIFICATION REQUIREMENT —Not later than 7 days after the date on which the Secretary approves a request for assistance from the Department of Homeland Security under paragraph 1 the Secretary shall electronically transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives notice of such approval ’’ b REPORTING REQUIREMENTS —Subsection f of such section is amended to read as follows ‘‘ f REPORTS — ‘‘ 1 REPORT REQUIRED —At the end of each three-month period during which assistance is provided under subsection a the Secretary of Defense in coordination with the Secretary of Homeland Security shall submit to the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives a report that includes for the period covered by the report each of the following ‘‘ A A description of the assistance provided ‘‘ B A description of the Armed Forces including the reserve components deployed as part of such assistance including an identification of— ‘‘ i the members of the Armed Forces including members of the reserve components deployed including specific information about unit designation size of unit and whether any personnel in the unit deployed under section 12302 of title 10 United States Code ‘‘ ii the projected length of the deployment and any special pay and incentives for which deployed personnel may qualify during the deployment ‘‘ iii any specific pre-deployment training provided for such members of the Armed Forces including members of the reserve components H R 6395—469 ‘‘ iv the specific missions and tasks by location that are assigned to the members of the Armed Forces including members of the reserve components who are so deployed and ‘‘ v the locations where units so deployed are conducting their assigned mission together with a map showing such locations ‘‘ C A description of any effects of such deployment on military training operations readiness or other military requirements ‘‘ D The sources and amounts of funds obligated or expended— ‘‘ i during the period covered by the report and ‘‘ ii during the total period for which such support has been provided ‘‘ 2 FORM OF REPORT —Each report submitted under this subsection shall be submitted in unclassified form but may include a classified annex ’’ c CLASSIFICATION —The Law Revision Counsel is directed to move section 1059 of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114–92 129 Stat 986 10 U S C 271 note prec as amended by this section to a note following section 284 of title 10 United States Code SEC 1057 LIMITATION ON USE OF FUNDS FOR RETIREMENT OF A– 10 AIRCRAFT a LIMITATION —Except as provided under subsection b none of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for any fiscal year may be obligated or expended during fiscal year 2021 to divest or retire any A–10 aircraft b EXCEPTION —The limitation under subsection a shall not apply to any individual A–10 aircraft that the Secretary of the Air Force determines on a case-by-case basis to be no longer mission capable because of a mishap or other damage or because the aircraft is uneconomical to repair c REPORT REQUIRED —Not later than 120 days after the date of the enactment of this Act the Secretary of the Air Force shall submit to the congressional defense committees a report on the progress made toward the A–10 re-wing contracts and the progress made in re-winging some of the 283 A–10 aircraft that have not received new wings 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 a IN GENERAL —Prior to basing a major weapon system or additional permanently assigned forces comparable to or larger than a battalion squadron or naval combatant in a host country with at-risk 5th generation in this section referred to as ‘‘5G’’ or sixth generation in this section referred to as ‘‘6G’’ wireless network equipment software or services including supply chain vulnerabilities identified by the Federal Acquisition Security Council where United States military personnel and their families will be directly connected or subscribers to networks that include such at-risk equipment software and services in their official duties or in the conduct of personal affairs the Secretary of Defense H R 6395—470 shall take into consideration the risks to personnel equipment and operations of the Department of Defense in the host country posed by current or intended use by such country of 5G or 6G telecommunications architecture provided by at-risk vendors including Huawei and ZTE and any steps to mitigate those risks including— 1 any steps being taken by the host country to mitigate any potential risks to the weapon systems military units or personnel and the Department of Defense’s assessment of those efforts 2 any steps being taken by the United States Government separately or in collaboration with the host country to mitigate any potential risks to the weapon systems permanently deployed forces or personnel 3 any defense mutual agreements between the host country and the United States intended to allay the costs of risk mitigation posed by the at-risk infrastructure and 4 any other matters the Secretary determines to be relevant b APPLICABILITY —The requirements under subsection a — 1 apply with respect to the permanent long-term stationing of equipment and permanently assigned forces and 2 do not apply with respect to the short-term deployment or rotational presence of equipment or forces to a military installation outside the United States in connection with any exercise dynamic force employment contingency operation or combat operation c REPORT — 1 IN GENERAL —Not later than one year after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees a report that contains an assessment of— A the risk to personnel equipment and operations of the Department of Defense in host countries posed by the current or intended use by such countries of 5G or 6G telecommunications architecture provided by at-risk vendors including Huawei and ZTE and B measures required to mitigate the risk described in paragraph 1 2 FORM —The report required by paragraph 1 shall be submitted in a classified form with an unclassified summary d MAJOR WEAPON SYSTEM DEFINED —In this section the term ‘‘major weapon system’’ has the meaning given that term in section 2379 f of title 10 United States Code SEC 1059 PUBLIC AVAILABILITY OF DEPARTMENT OF DEFENSE LEGISLATIVE PROPOSALS Not later than 21 days after the transmission to the Committee on Armed Services of the Senate or the Committee on Armed Services of the House of Representatives of any official Department of Defense legislative proposal the Secretary of Defense shall make publicly available on a website of the Department such legislative proposal including any bill text and section-by-section analysis associated with the proposal SEC 1060 ARCTIC PLANNING RESEARCH AND DEVELOPMENT a ARCTIC PLANNING AND IMPLEMENTATION — H R 6395—471 1 IN GENERAL —The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall continue assessing potential multi-domain risks in the Arctic identifying capability and capacity gaps in the current and projected force and planning for and implementing the training equipping and doctrine requirements necessary to mitigate such risks and gaps 2 TRAINING —In carrying out paragraph 1 the Secretary may direct the Armed Forces to conduct training in the Arctic or training relevant to military operations in the Arctic b ARCTIC RESEARCH AND DEVELOPMENT PROGRAM — 1 IN GENERAL —If the Secretary of Defense determines that there are capability or capacity gaps for the Armed Forces in the Arctic the Secretary may conduct research and development on the current and future requirements and needs of the Armed Forces for operations in the Arctic 2 ELEMENTS —Research and development conducted under paragraph 1 may include the following A Development of doctrine to address any identified gaps including the study of existing doctrine of partners and allies of the United States B Development of materiel solutions for operating in extreme weather environments of the Arctic including equipment for individual members of the Armed Forces ground vehicles and communications systems C Development of a plan for fielding future weapons platforms able to operate in Arctic conditions D Development of capabilities to monitor assess and predict environmental and weather conditions in the Arctic and the effect of such conditions on military operations E Determining requirements for logistics and sustainment of the Armed Forces operating in the Arctic SEC 1061 AUTHORITY TO ESTABLISH A MOVEMENT COORDINATION CENTER PACIFIC IN THE INDO-PACIFIC REGION a AUTHORITY TO ESTABLISH — 1 IN GENERAL —The Secretary of Defense with the concurrence of the Secretary of State may authorize— A the establishment of a Movement Coordination Center Pacific in this section referred to as the ‘‘Center’’ and B the participation of the Department of Defense in an Air Transport and Air-to-Air refueling and other Exchanges of Services program in this section referred to as the ‘‘ATARES program’’ of the Center 2 SCOPE OF PARTICIPATION —Participation in the ATARES program under paragraph 1 B shall be limited to the reciprocal exchange or transfer of air transportation and air refueling services on a reimbursable basis or by replacementin-kind or the exchange of air transportation or air refueling services of an equal value with foreign militaries 3 LIMITATIONS —The Department of Defense’s balance of executed transportation hours whether as credits or debits in participation in the ATARES program under paragraph 1 B may not exceed 500 hours The Department of Defense’s balance of executed flight hours for air refueling in the ATARES program under paragraph 1 B may not exceed 200 hours b WRITTEN ARRANGEMENT OR AGREEMENT — H R 6395—472 1 ARRANGEMENT OR AGREEMENT REQUIRED —The participation of the Department of Defense in the ATARES program under subsection a shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense with the concurrence of the Secretary of State 2 FUNDING ARRANGEMENTS —If Department of Defense facilities equipment or funds are used to support the ATARES program the written arrangement or agreement under paragraph 1 shall specify the details of any equitable cost-sharing or other funding arrangement 3 OTHER ELEMENTS —Any written arrangement or agreement entered into under paragraph 1 shall require that any accrued credits and liabilities resulting from an unequal exchange or transfer of air transportation or air refueling services shall be liquidated not less than once every 5 years through the ATARES program c IMPLEMENTATION —In carrying out any written arrangement or agreement entered into under subsection b the Secretary of Defense may— 1 pay the Department of Defense’s equitable share of the operating expenses of the Center and the ATARES program from funds available to the Department of Defense for operation and maintenance and 2 assign members of the Armed Forces or Department of Defense civilian personnel within billets authorized for the United States Indo-Pacific Command to duty at the Center as necessary to fulfill the obligations of the Department of Defense under that arrangement or agreement SEC 1062 LIMITATION ON PROVISION OF FUNDS TO INSTITUTIONS OF HIGHER EDUCATION HOSTING CONFUCIUS INSTITUTES a LIMITATION —Except as provided in subsection b none of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be provided to an institution of higher education that hosts a Confucius Institute other than amounts provided directly to students as educational assistance b WAIVER — 1 IN GENERAL —The Secretary of Defense may waive the limitation under subsection a with respect to an institution of higher education if the Secretary after consultation with the National Academies of Sciences Engineering and Medicine determines such a waiver is appropriate 2 MANAGEMENT PROCESS —If the Secretary issues a waiver under paragraph 1 the academic liaison designated pursuant to subsection g of section 1286 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 10 U S C 2358 note as amended by section 1299C of this Act shall manage the waiver process on behalf of the Secretary c EFFECTIVE DATE —The limitation under subsection a shall apply with respect to the first fiscal year that begins after the date that is 24 months after the date of the enactment of this Act and to any subsequent fiscal year d DEFINITIONS —In this section H R 6395—473 1 The term ‘‘Confucius Institute’’ means a cultural institute directly or indirectly funded by the Government of the People’s Republic of China 2 The term ‘‘institution of higher education’’ has the meaning given such term in section 102 of the Higher Education Act of 1965 20 U S C 1002 SEC 1063 SUPPORT FOR NATIONAL MARITIME HERITAGE GRANTS PROGRAM Of the funds authorized to be appropriated by this Act for fiscal year 2021 for the Department of Defense the Secretary of Defense may contribute $5 000 000 to support the National Maritime Heritage Grants Program established under section 308703 of title 54 United States Code 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 a IN GENERAL —Chapter 41 of title 10 United States Code is amended by adding at the end the following new section ‘‘§ 723 Support of Federal authorities in response to civil disturbances requirement for use of members of the Armed Forces and Federal law enforcement personnel ‘‘ a REQUIREMENT —Whenever a member of the armed forces including the National Guard or Federal law enforcement personnel provide support to Federal authorities to respond to a civil disturbance each individual employed in the capacity of providing such support shall visibly display— ‘‘ 1 the individual’s name or other individual identifier that is unique to that individual and ‘‘ 2 the name of the armed force Federal entity or other organization by which such individual is employed ‘‘ b EXCEPTION —The requirement under subsection a shall not apply to individuals referred to in such subsection who— ‘‘ 1 do not wear a uniform or other distinguishing clothing or equipment in the regular performance of their official duties or ‘‘ 2 are engaged in undercover operations in the regular performance of their official duties ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of such chapter is amended by adding at the end the following new item ‘‘723 Support of Federal authorities in response to civil disturbances requirement for use of members of the Armed Forces and Federal law enforcement personnel ’’ Subtitle F—Studies and Reports SEC 1071 FFRDC STUDY OF EXPLOSIVE ORDNANCE DISPOSAL AGENCIES a IN GENERAL —The Secretary of Defense shall enter into an agreement with a federally funded research and development corporation under which such corporation shall conduct a study H R 6395—474 of the responsibilities authorities policies programs resources organization and activities of the explosive ordnance disposal agencies of the Department of Defense Defense Agencies and military departments In carrying out the study the federally funded research and development corporation shall solicit input from relevant nonprofit organizations such as the National Defense Industrial Association EOD Committee the United States Army EOD Association the United States Bomb Technician Association and the EOD Warrior Foundation b ELEMENTS OF STUDY —The study conducted under subsection a shall include for the Department of Defense each Defense Agency and each of the military departments each of the following 1 An identification and evaluation of— A technology research development and acquisition activities related to explosive ordnance disposal including an identification and evaluation of— i current and future technology and related industrial base gaps and ii any technical or operational risks associated with such technology or related industrial base gaps B recruiting training education assignment promotion and retention of military and civilian personnel with responsibilities relating to explosive ordnance disposal C administrative and operational force structure with respect to explosive ordnance disposal including an identification and assessment of risk associated with force structure capacity or capability gaps if any and D the demand for and activities conducted in support of domestic and international military explosive ordnance disposal operations including— i support provided to Department of Defense agencies and other Federal agencies and ii an identification and assessment of risk associated with the prioritization and availability of explosive ordnance disposal support among supported agencies and operations 2 Recommendations if any for changes to— A the organization and distribution of responsibilities and authorities relating to explosive ordnance disposal B the explosive ordnance disposal force structure management prioritization and operating concepts in support of the explosive ordnance disposal requirements of the Armed Forces and other Federal agencies and C resource investment strategies and technology prioritization for explosive ordnance disposal including science and technology prototyping experimentation test and evaluation and related 5-year funding profiles c REPORT TO CONGRESS — 1 IN GENERAL —Not later than December 31 2021 the Secretary of Defense shall submit to the congressional defense committees a report on the study conducted under subsection a Such report shall include the comments on the study if any of the Secretary of Defense the directors of each of the Defense Agencies and the Secretaries of each of the military departments H R 6395—475 2 FORM OF REPORT —The report submitted under paragraph 1 shall be submitted in unclassified form but may contain a classified annex SEC 1072 STUDY ON FORCE STRUCTURE FOR MARINE CORPS AVIATION a STUDY REQUIRED —The Secretary of Defense shall provide for the performance of a study on the force structure for Marine Corps aviation through 2030 b RESPONSIBILITY FOR STUDY —The Secretary shall select one of the following types of entities to perform the study pursuant to subsection a 1 An appropriate Federally funded research and development center 2 An appropriate organization described in section 501 c 3 of the Internal Revenue Code of 1986 which is exempt from taxation under section 501 a of such code c MATTERS TO BE CONSIDERED —In performing the study pursuant to subsection a the entity performing the study shall take into account within the context of the current force structure for Marine Corps aviation the following 1 The 2018 National Defense Strategy and the 2018 National Military Strategy 2 The Marine Corps Force Design 2030 3 Potential roles and missions for Marine Corps aviation given new operating concepts for the Marine Corps 4 The potential for increased requirements for survivable and dispersed strike aircraft 5 The potential for increased requirements for tactical or intratheater lift amphibious lift or surface connectors d STUDY RESULTS —The results of the study performed pursuant to subsection a shall include the following 1 The various force structures for Marine Corps aviation through 2030 considered under such study together with the assumptions and possible scenarios identified for each such force structure 2 A recommendation for the force structure for Marine Corps aviation through 2030 including the following in connection with such force structure A Numbers and type of aviation assets numbers and types of associated unmanned assets and basic capabilities of each such asset B A description and assessment of the deviation of such force structure from the most recent Marine Corps Aviation Plan C Any other information required for assessment of such force structure including supporting analysis 3 A presentation and discussion of minority views among participants in such study e REPORT — 1 IN GENERAL —Not later than September 1 2021 the Secretary of Defense shall submit to the congressional defense committees a report setting forth the results of the study performed pursuant to subsection a 2 FORM —The report under this subsection shall be submitted in unclassified form but may include a classified annex H R 6395—476 SEC 1073 REPORT ON JOINT TRAINING RANGE EXERCISES FOR THE PACIFIC REGION a REPORT —Not later than March 15 2021 the Secretary of Defense in coordination with the Chairman of the Joint Chiefs of Staff the Commander of United States Indo-Pacific Command and the head of each of the military departments shall submit to the congressional defense committees a report containing a plan to integrate combined joint and multi-domain training and experimentation in the Pacific region including existing and future ranges training areas and test facilities to achieve the following objectives 1 Support future combined and joint exercises and training to test operational capabilities and weapon systems 2 Employ multi-domain training to validate joint operational concepts 3 Integrate allied and partner countries into nationallevel exercises 4 Build and sustain United States military readiness b MATTERS —The report under subsection a shall address the following 1 Integration of cyber space and electromagnetic spectrum domains 2 Mobile and fixed range instrumentation packages for experimentation and training 3 Digital integrated command and control for air defense systems 4 Command control communications computer and information systems 5 War gaming modeling and simulations packages 6 Intelligence support systems 7 Manpower management execution collection and analysis required for the incorporation of space and cyber activities into the training range exercise plan contained in the report 8 Connectivity requirements to support all domain integration and training 9 Any training range upgrades or infrastructure improvements necessary to integrate legacy training and exercise facilities into integrated operational sites 10 Exercises led by the United States Indo-Pacific Command within the area of operations of the Command that integrate allied and partnered countries and link to the national-level exercises of the United States 11 Incorporation of any other functional and geographic combatant commands required to support the United States Indo-Pacific Command 12 Incorporation of concepts related to the Joint Warfighting Concept as applicable 13 The plan resource requirements and any additional authorities needed through fiscal year 2031 to achieve the objectives referred to in subsection a c FORM —The report under subsection a may be submitted in classified form and shall include an unclassified summary H R 6395—477 SEC 1074 REPORTS ON THREATS TO UNITED STATES FORCES FROM SMALL UNMANNED AIRCRAFT SYSTEMS WORLDWIDE a STRATEGY TO COUNTER THREATS FROM SMALL UNMANNED AIRCRAFT SYSTEMS —Not later than 90 days after the date of enactment of this Act the Secretary of the Army as the Department of Defense executive agent for the Department of Defense countersmall unmanned aircraft systems program shall develop and submit to Congress a strategy to effectively counter threats from small unmanned aircraft systems worldwide The strategy shall be submitted in classified form b REPORT ON EXECUTIVE AGENT ACTIVITIES — 1 REPORT REQUIRED —Not later than one year after the date of the enactment of this Act the Secretary of the Army shall submit to Congress a report on the counter-small unmanned aircraft systems program 2 ELEMENTS —The report required by paragraph 1 shall include each of the following A A description and assessment of the structure and activities of the Secretary of the Army as the executive agent for the counter-small unmanned aircraft systems program including the following i Any obstacles hindering the effective discharge of its functions and activities including limitations in authorities or policy ii The changes if any to airspace management rules of engagement and training plans that are required in order to optimize the use by the Armed Forces of counter-small unmanned aircraft systems B An assessment of the implementation of the strategy required by subsection a and a description of any updates to the strategy that are required in light of evolving threats to the Armed Forces from small unmanned aircraft systems c REPORT ON THREAT FROM SMALL UNMANNED AIRCRAFT SYSTEMS — 1 REPORT REQUIRED —Not later than 180 days after the submittal of the strategy required by subsection a the Secretary of Defense shall submit to the appropriate committees of Congress a report that sets forth a direct comparison between the threats United States forces in combat settings face from small unmanned aircraft systems and the capabilities of the United States to counter such threats The report shall be submitted in classified form 2 COORDINATION —The Secretary shall prepare the report required by paragraph 1 in coordination with the Director of the Defense Intelligence Agency and with such other appropriate officials of the intelligence community and such other officials in the United States Government as the Secretary considers appropriate 3 ELEMENTS —The report required by paragraph 1 shall include the following A An evaluation and assessment of the current and evolving threat to United States forces from small unmanned aircraft systems B A description of the counter-small unmanned aircraft systems acquired by the Department of Defense as of the date of the enactment of this Act and an assessment H R 6395—478 whether such systems are adequate to meet the current and evolving threat described in subparagraph A 4 APPROPRIATE COMMITTEES OF CONGRESS DEFINED —In this subsection the term ‘‘appropriate committees of Congress’’ means— A the Committee on Armed Services and the Select Committee on Intelligence of the Senate and B the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives d INDEPENDENT ASSESSMENT OF COUNTER-SMALL UNMANNED AIRCRAFT SYSTEMS PROGRAM — 1 ASSESSMENT —Not later than 60 days after the submittal of the strategy required by subsection a the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct an assessment of the efficacy of the counter-small unmanned aircraft systems program 2 ELEMENTS —The assessment conducted pursuant to paragraph 1 shall include the following A An identification of metrics to assess progress in the implementation of the strategy required by subsection a which metrics shall take into account the threat assessment required for purposes of subsection c B An assessment of progress and key challenges in the implementation of the strategy using such metrics and recommendations for improvements in the implementation of the strategy C An assessment of the extent to which the Department of Defense is coordinating adequately with other departments and agencies of the United States Government and other appropriate entities in the development and procurement of counter-small unmanned aircraft systems for the Department D An assessment of the extent to which the designation of the Secretary of the Army as the executive agent for the counter-small unmanned aircraft systems program has reduced redundancies and increased efficiencies in procurement of counter-small unmanned aircraft systems E An assessment whether United States technological progress on counter-small unmanned aircraft systems is sufficient to maintain a competitive edge over the small unmanned aircraft systems technology available to United States adversaries 3 REPORT —Not later than 180 days after entering into the contract referred to in paragraph 1 the Secretary shall submit to the congressional defense committees a report setting forth the results of the assessment required under the contract SEC 1075 UNDER SECRETARY OF DEFENSE COMPTROLLER REPORTS ON IMPROVING THE BUDGET JUSTIFICATION AND RELATED MATERIALS OF THE DEPARTMENT OF DEFENSE a REPORTS REQUIRED —Not later than April 1 of each of 2021 through 2025 the Under Secretary of Defense Comptroller shall submit to the congressional defense committees a report on the following matters H R 6395—479 1 Modernization of covered materials including the following A Updating the format of such materials in order to account for significant improvements in document management and data visualization B Expanding the scope and quality of data included in such materials 2 Streamlining of the production of covered materials within the Department of Defense 3 Transmission of covered materials to Congress 4 Availability of adequate resources and capabilities to permit the Department to integrate changes to covered materials together with its submittal of current covered materials 5 Promotion of the flow between the Department and the congressional defense committees of other information required by Congress for its oversight of budgeting for the Department and the future-years defense programs b COVERED MATERIALS DEFINED —In this section the term ‘‘covered materials’’ means the following 1 Materials submitted in support of the budget of the President for a fiscal year under section 1105 a of title 31 United States Code 2 Materials submitted in connection with the future-years defense program for a fiscal year under section 221 of title 10 United States Code SEC 1076 QUARTERLY BRIEFINGS ON JOINT ALL DOMAIN COMMAND AND CONTROL EFFORT a IN GENERAL —During the period beginning on October 1 2021 and ending on October 1 2024 the Vice Chairman of the Joint Chiefs of Staff the Chief Information Officer of the Department of Defense and a senior military service representative for each of the Armed Forces shall provide to the Committees on Armed Services of the Senate and House of Representatives quarterly briefings on the progress of the Department’s Joint All Domain Command and Control in this section referred to as ‘‘JADC2’’ effort b ELEMENTS —Each briefing under subsection a shall include with respect to the JADC2 effort the following elements 1 The status of the joint concept of command and control 2 How the JADC2 effort is identifying gaps and addressing validated requirements based on the joint concept of command and control 3 Progress in developing specific plans to evaluate and implement materiel and non-materiel improvements to command and control capabilities 4 Clarification on distribution of responsibilities and authorities within the Cross Functional Team the Armed Forces and the Office of the Secretary of Defense with respect to JADC2 and how the Armed Forces the Cross Functional Team and the Office of the Secretary of Defense are synchronizing and aligning with joint and military concepts solutions experimentation and exercises 5 The status of and review of any recommendations for resource allocation necessary to achieve operational JADC2 H R 6395—480 6 A sufficiency assessment of planned funding across the future years defense program for the development of JADC2 capabilities SEC 1077 REPORT ON CIVILIAN AUTHORITIES CASUALTY RESOURCING AND a PURPOSE —The purpose of this section is to facilitate fulfillment of the requirements in section 936 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 116–92 10 U S C 134 note b 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 on the current resources and authorities applied to civilian casualty mitigation investigation and response and an articulation of what if any additional resources or authorities will be necessary to fully implement 936 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 116–92 10 U S C 134 note c ELEMENTS —The report required under subsection b shall include the following 1 An accounting of the number of personnel at each combatant command the Joint Staff and Office of the Secretary of Defense who as of the date of the enactment of this Act are either exclusively or partially dedicated to— A assessing investigating accounting for and responding to allegations of civilian casualties resulting from United States military operations B incorporating civilian casualty mitigation efforts into operational plans and activities C building partner capacity for mitigating civilian casualties or D any other relevant matters 2 An estimate of the number of personnel projected to be required during the three-year period beginning on the date of the enactment of this Act by each combatant command the Joint Staff and Office of the Secretary of Defense to— A assess investigate account for and respond to allegations of civilian casualties resulting from United States military operations B incorporate civilian casualty mitigation efforts into operational plans and activities C build partner capacity for mitigating civilian casualties and D perform any other relevant functions 3 A description of any specialized information technology equipment support and maintenance and data storage capabilities used by the Department of Defense as of the date of the enactment of this Act to— A receive allegations of assess investigate account for and respond to allegations of civilian casualties resulting from United States military operations B incorporate civilian casualty mitigation efforts into operational plans and activities and C perform any other relevant functions 4 An estimate of the projected costs during the threeyear period beginning on the date of the enactment of this H R 6395—481 Act of any specialized information technology equipment support and maintenance and data storage capabilities to— A receive allegations of assess investigate account for and respond to allegations of civilian casualties resulting from United States military operations B incorporate civilian casualty mitigation efforts into operational plans and activities and C perform any other relevant functions 5 An identification of relevant statutory authorities used by the Department as of the date of the enactment of this Act to investigate account for and respond to allegations of civilian casualties resulting from United States military operations 6 A detailed description of any additional changes to the personnel resources and authorities of the Department necessary to fully implement 936 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 116–92 10 U S C 134 note in future years 7 Any other matters determined relevant by the Secretary of Defense d PUBLIC AVAILABILITY OF REPORT —Not later than 45 days after the report required under subsection b is submitted to the congressional defense committees the Secretary of Defense shall make the report publicly available on an appropriate website of the Department of Defense SEC 1078 COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF DEFENSE EFFORTS TO PREVENT RESALE OF GOODS MANUFACTURED BY FORCED LABOR IN COMMISSARIES AND EXCHANGES a REVIEW REQUIRED —The Comptroller General of the United States shall conduct a review of the policies and processes of the Department of Defense governing the purchase of goods for resale in the commissaries and exchanges of the Department that are produced in or imported from areas where forced labor may be used including the Xinjiang Uyghur Autonomous Region of China b ELEMENTS OF REVIEW —The review required under subsection a shall include the following 1 The laws regulations and departmental policies governing the purchase of imported goods by the Department of Defense as part of the retail supply chains of the Department 2 The extent to which the Department has processes in place to prevent goods produced or manufactured by forced labor from being resold in commissaries and exchanges of the Department 3 The kinds of information obtained from suppliers to such commissaries and exchanges regarding the source of goods or the use of forced labor to produce goods 4 The extent to which the Department coordinates with other Federal agencies on matters pertaining to the importation and resale of goods produced by forced labor 5 Any other relevant matters as determined by the Comptroller General c BRIEFING AND REPORT — H R 6395—482 1 BRIEFING —Not later than June 1 2021 the Comptroller General shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the review required under subsection a 2 REPORT —No later than December 1 2021 the Comptroller General shall submit to such committees a report on such review which shall contain each of the elements under subsection b SEC 1079 COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE PROCESSES FOR RESPONDING TO CONGRESSIONAL REPORTING REQUIREMENTS a COMPTROLLER GENERAL ANALYSIS —Not later than one year after the date of the enactment of this Act the Comptroller General of the United States shall submit to the congressional defense committees a report containing an analysis of the processes of the Department of Defense for responding to congressional reporting requirements b CRITERIA FOR EVALUATION —The analysis required under subsection a shall include an evaluation of funding and changes to policies and business practices by the Department for improving the effectiveness efficiency and public transparency of the compliance of the Department with congressional reporting requirements c CONTENTS OF REPORT —The report required by subsection a shall include each of the following 1 A review of— A current laws guidance policies for Department of Defense compliance with congressional reporting requirements B recent direction from the congressional defense committees concerning how the Department designs modifies tracks delivers and inventories completed reports and C the response of the Department of Defense to the plan required by section 874 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 1906 2 An evaluation of the cost and effectiveness of— A the existing processes the Department of Defense uses to track and respond to congressional reporting requirements and B the ongoing modernization efforts referred to in subparagraphs B and C of paragraph 1 including— i the design development and fielding of efforts to modernize existing report tracking systems ii the potential for system-level access solutions and iii the standardization of report-related data including types of reporting requirements 3 An analysis of further options for modernizing the preparation and coordination process for required reports and other written correspondence from the Department of Defense to the congressional defense committees Such analysis shall include— A the coordination of Department of Defense business practices and internal policies with legislative processes and H R 6395—483 B the feasibility of the Department of Defense the Government Publishing Office or another Federal Government entity maintaining a consolidated online public database for unclassified reports submitted after the date of the enactment of this Act pursuant to a congressional reporting requirement that includes for each report in the database— i a copy of the report ii the deadline on which the report was required to be submitted to Congress iii the date on which the report was transmitted iv the total cost associated with the report and v a brief summary of the report including a citation to the legislative text requiring the report d CONGRESSIONAL REPORTING REQUIREMENT DEFINED —In this section the term ‘‘congressional reporting requirement’’ means a requirement that the Secretary of Defense or any element or official of the Department of Defense submit to Congress or to a committee of Congress an unclassified report or briefing by reason of— 1 any provision of title 10 United States Code 2 a provision of any National Defense Authorization Act 3 a provision of a statement of managers that accompanied the conference report for any National Defense Authorization Act or 4 a provision of a committee report that accompanied a version of any National Defense Authorization Act as reported by the Committee on Armed Services of the Senate or the Committee on Armed Services of the House of Representatives Subtitle G—Other Matters SEC 1081 TECHNICAL CONFORMING AND CLERICAL AMENDMENTS a TITLE 10 UNITED STATES CODE —Title 10 United States Code is amended as follows 1 The table of chapters at the beginning of subtitle A of title 10 United States Code and at the beginning of part I of such subtitle are each amended by inserting before the item relating to chapter 20 the following new item ‘‘19 Cyber Matters 391 ’’ 2 The table of chapters at the beginning of subtitle A of title 10 United States Code and at the beginning of part IV of such subtitle are each amended by inserting after the item relating to chapter 112 the following new item ‘‘113 Defense Civilian Training Corps 2200g ’’ 3 The table of chapters at the beginning of subtitle A of title 10 United States Code and at the beginning of part IV of such subtitle are each amended by striking the item relating to chapter 140 and inserting the following new item ‘‘140 Procurement of Commercial Products and Commercial Services 2375 ’’ 4 A The section designation of each section in chapter 113 of title 10 United States Code is amended by striking ‘‘SEC ’’ and inserting ‘‘§’’ B Each corresponding item in the table of sections at the beginning of such chapter is amended by striking ‘‘Sec ’’ H R 6395—484 other than where it appears preceding the item relating to section 2200g 5 Section 101 a 13 B is amended by striking ‘‘section 712’’ and inserting ‘‘section 3713’’ 6 Section 118 3 is amended by inserting ‘‘and’’ after ‘‘ ‘materiel and operational capability’ ’’ 7 Subsection g of section 127e as redesignated by section 1051 is amended by striking ‘‘Low-Intensity’’ and inserting ‘‘Low Intensity’’ 8 Section 130i is amended— A in subsection i 1 by striking ‘‘of subsection’’ and all that follows through ‘‘shall’’ and insert ‘‘of subsection j 3 C shall’’ and B in subsection j 6 by adding a period at the end 9 Section 142 is amended— A by striking subsection d and B by redesignating the second subsection c as subsection d 10 Section 171a i 1 is amended by striking ‘‘Acquisitions’’ and inserting ‘‘Acquisition’’ 11 Section 192 c is amended by striking the first paragraph 1 12 Section 222a d 1 C i is amended by inserting ‘‘had’’ before ‘‘been’’ 13 Section 231 is amended— A by striking ‘‘quadrennial defense review’’ each place it appears and inserting ‘‘national defense strategy’’ and B in subsection f 3 by striking ‘‘section 118’’ and inserting ‘‘section 113 g ’’ 14 Section 240b b 1 B is amended— A in clause ix by striking ‘‘suhsection’’ and inserting ‘‘subsection’’ and B in clause xii by inserting ‘‘of’’ after ‘‘identification’’ 15 Section 393 b 2 D is amended by striking ‘‘of Defense’’ and all that follows through the period and inserting ‘‘of Defense for Intelligence and Security’’ 16 Section 397 b 5 is amended by striking ‘‘Persons’’ and inserting ‘‘persons’’ 17 Section 430 b 1 is amended by inserting ‘‘and Security’’ after ‘‘for Intelligence’’ 18 Section 617 d is amended by striking ‘‘section 616 g ’’ and inserting ‘‘section 616 h ’’ 19 The table of sections at the beginning of chapter 41 is amended— A in the item relating to section 715 by inserting a period at the end and B by moving the item relating to section 714 so that it appears immediately after the item relating to section 713 20 The table of sections at the beginning subchapter VII of chapter 47 is amended by striking the item relating to section 837 article 37 and inserting the following ‘‘837 37 Command influence ’’ 21 Section 991 a 4 A is amended by striking ‘‘The amount ’’ and inserting ‘‘The amount’’ H R 6395—485 22 Section 1044e is amended by striking ‘‘subsection h ’’ each place it appears and inserting ‘‘subsection i ’’ 23 The table of sections at the beginning of chapter 54 is amended by inserting after the item relating to section 1064 the following ‘‘1065 Use of commissary stores and MWR facilities certain veterans and caregivers for veterans ’’ 24 Section 1073c a is amended— A by redesignating the second paragraph 6 as paragraph 4 and B by moving paragraph 4 as redesignated by subparagraph A so as to appear before paragraph 5 25 Section 1079 q is amended by striking ‘‘section 1074g h ’’ and inserting ‘‘section 1074g i ’’ 26 The table of sections at the beginning of chapter 58 is amended by striking the item relating to section 1142 and inserting the following ‘‘1142 Preseparation counseling transmittal of certain records to Department of Veterans Affairs ’’ 27 Section 1475 a 4 is amended by striking ‘‘or or’’ and inserting ‘‘or’’ 28 Section 1553 d 1 B is amended by striking ‘‘in based’’ and inserting ‘‘is based’’ 29 Section 1564 c 2 is amended in the matter preceding subparagraph A by striking ‘‘in an’’ and inserting ‘‘is an’’ 30 The table of sections at the beginning of subchapter I of chapter 87 is amended by striking the item relating to section 1702 and inserting the following new item ‘‘1702 Under Secretary of Defense for Acquisition and Sustainment authorities and responsibilities ’’ 31 Section 1701 a is amended— A in subsection b 6 by striking the period at the end and inserting a semicolon and B in subsection c by striking the paragraph headings for paragraphs 1 and 2 32 Section 1746 b 3 A is amended by striking the second semicolon that appears before ‘‘and’’ at the end 33 Section 1784 h 5 is amended by striking ‘‘expire’’ and inserting ‘‘expires’’ 34 Section 2004 is amended in subsections d and e by striking ‘‘enlistment’’ both places it appears and inserting ‘‘enlisted’’ 35 The table of sections at the beginning of chapter 135 is amended by striking the item relating to section 2279c 36 Section 2339a b 1 is amended by inserting ‘‘and Security’’ after ‘‘for Intelligence’’ 37 Section 2358b a 2 is amended by striking ‘‘to accelerate’’ and inserting ‘‘accelerate’’ 38 The table of sections at the beginning of chapter 142 is amended by striking the item relating to section 2417 and inserting the following ‘‘2417 Administrative and other costs ’’ H R 6395—486 39 The table of sections at the beginning of chapter 152 is amended by striking the item relating to section 2568a and inserting the following ‘‘2568a Damaged personal protective equipment award to members separating from the Armed Forces and veterans ’’ 40 Section 2409a c 3 is amended by striking ‘‘Stat 664 ’’ and inserting ‘‘50 Stat 664 ’’ 41 Section 2417 2 is amended by striking ‘‘entities -’’ and inserting ‘‘entities—’’ 42 Section 2583 g 2 A is amended by inserting ‘‘or’’ after the semicolon 43 Section 2641b a 3 B is amended by striking ‘‘subsection c 5 ’’ and inserting ‘‘subsection c 6 ’’ 44 Section 2804 b is amended in the third sentence by striking ‘‘ and’’ 45 Section 8680 a 2 C ii is amended in the matter preceding subclause I by striking the period after the dash 46 Section 8749 a is amended by striking ‘‘alcohol tests’’ and inserting ‘‘alcohol test’’ 47 The tables of chapters at the beginning of subtitle D and part I of such subtitle are each amended by striking the period at the end of the item relating to chapter 908 b TITLE 38 UNITED STATES CODE —Section 1967 a 3 D of title 38 United States Code is amended in the matter preceding clause i by inserting a comma after ‘‘theater of operations’’ c NDAA FOR FISCAL YEAR 2020 —Effective as of December 20 2020 and as if included therein as enacted the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 is amended as follows 1 Section 234 f 1 10 U S C 2164 note is amended by striking ‘‘the a’’ and inserting ‘‘a’’ 2 Section 540B b 4 10 U S C 1561 note 133 Stat 1365 is amended by striking ‘‘their their’’ and inserting ‘‘their’’ 3 Section 821 133 Stat 1490 is amended by inserting ‘‘Carl Levin and Howard P ‘Buck’ McKeon’’ before ‘‘National Defense Authorization Act for Fiscal Year 2015’’ 4 Section 861 i 2 10 U S C 1761 prec 133 Stat 1519 is amended by striking ‘‘subchapter II’’ and inserting ‘‘subchapter V’’ 5 Section 1009 c 133 Stat 1576 10 U S C 240b note is amended by striking ‘‘a reporting’’ and inserting ‘‘a report’’ 6 Section 1631 i 1 133 Stat 1745 is amended by striking ‘‘foreign person’’ and inserting ‘‘foreign power’’ 7 Section 1647 b 3 A is amended by striking ‘‘by used’’ and inserting ‘‘be used’’ 8 Section 1731 a 2 133 Stat 1812 10 U S C 101 prec is amended by striking ‘‘part I’’ and inserting ‘‘part III’’ 9 Section 2801 b 2 133 Stat 1881 is amended by inserting ‘‘subchapter I of’’ before ‘‘chapter 169’’ d NDAA FOR FISCAL YEAR 2019 —Effective as of August 13 2018 and as if included therein as enacted the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 is amended as follows 1 Section 154 a 1 10 U S C 2302 note is amended by striking ‘‘of an’’ and inserting ‘‘of’’ 2 Section 226 b 3 C 132 Stat 1686 is amended by striking ‘‘commercial-off the-shelf’’ and inserting ‘‘commercially H R 6395—487 available off-the-shelf items as defined in section 104 of title 41 United States Code that may serve as’’ 3 Section 809 b 3 132 Stat 1840 is amended by striking ‘‘Section 598 d 4 of the National Defense Authorization Act of for Fiscal Year 2010 Public Law 111–84 10 U S C 1561 note ’’ and inserting ‘‘Section 563 d 4 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 Public Law 110–417 10 U S C 1561 note ’’ 4 Section 836 132 Stat 1859 is amended— A in subsection a 2 B by inserting ‘‘of such title’’ after ‘‘Section 104 1 A ’’ and B in subsection c — i in paragraph 5 B by striking ‘‘subsection d 2 ’’ and inserting ‘‘subsection d 3 ’’ and ii by amending paragraph 8 to read as follows ‘‘ 8 Section 2321 f is amended by striking ‘commercial items’ and inserting ‘commercial products’ ’’ 5 Section 889 f 132 Stat 1918 41 U S C 3901 note prec is amended by striking ‘‘appropriate congressional committees’ ’’ and inserting ‘‘appropriate congressional committees’’ 6 Section 1286 e 2 D 10 U S C 2358 note 132 Stat 2080 is amended by striking ‘‘improve’’ and inserting ‘‘improved’’ 7 Section 1757 a 50 U S C 4816 132 Stat 2218 is amended by inserting ‘‘to persons’’ before ‘‘who are potential’’ 8 Section 1759 a 2 50 U S C 4818 132 Stat 2223 is amended by striking the semicolon at the end and inserting a period 9 Section 1763 c 50 U S C 4822 132 Stat 2231 is amended by striking ‘‘December 5 1991’’ and inserting ‘‘December 5 1995’’ 10 Section 1773 b 1 50 U S C 4842 132 Stat 2235 is amended by striking ‘‘section 1752 1 D ’’ and inserting ‘‘section 1752 2 D ’’ 11 Section 1774 a 50 U S C 4843 132 Stat 2237 is amended in the matter preceding paragraph 1 by inserting ‘‘under’’ before ‘‘section 1773’’ 12 Section 2827 b 1 132 Stat 2270 is amended by inserting ‘‘in the matter preceding the paragraphs’’ after ‘‘amended’’ e NDAA FOR FISCAL YEAR 2018 —Effective as of December 12 2017 and as if included therein as enacted the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 is amended as follows 1 Section 1701 a 4 A 131 Stat 1796 is amended by striking ‘‘Section 831 n 2 g ’’ and inserting ‘‘Section 831 o 2 G ’’ f NDAA FOR FISCAL YEAR 2016 —Effective as of December 23 2016 and as if included therein as enacted the National Defense Authorization Act for Fiscal Year 2016 Public Law 114–92 is amended as follows 1 In section 541 a 10 U S C 1561 note by striking ‘‘section 1044e g ’’ and inserting ‘‘section 1044e h ’’ 2 In section 856 a 1 10 U S C 2377 note by inserting ‘‘United States Code ’’ after ‘‘title 41 ’’ H R 6395—488 3 In section 1675 a by striking ‘‘Board ’’ and inserting ‘‘Board ’’ g COORDINATION WITH OTHER AMENDMENTS MADE BY THIS ACT —For purposes of applying amendments made by provisions of this Act other than this section the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act SEC 1082 REPORTING OF ADVERSE EVENTS RELATING TO CONSUMER PRODUCTS ON MILITARY INSTALLATIONS a IN GENERAL —The Secretary of Defense shall issue to the military departments guidance to encourage the reporting of any adverse event related to a consumer product that occurs on a military installation on the appropriate consumer product safety website b DEFINITIONS —In this section 1 The term ‘‘adverse event’’ means— A any event that indicates that a consumer product— i fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard upon which the Consumer Product Safety Commission has relied under section 9 of the Consumer Product Safety Act 15 U S C 2058 ii fails to comply with any other rule regulation standard or ban under that Act or any other Act enforced by the Commission iii contains a defect that could create a substantial product hazard described in section 15 a 2 of the Consumer Product Safety Act 15 U S C 2064 a 2 or iv creates an unreasonable risk of serious injury or death or B any other harm described in subsection b 1 A of section 6A of the Consumer Product Safety Act 15 U S C 2055a and required to be reported in the database established under subsection a of that section 2 The term ‘‘consumer product’’ has the meaning given that term in section 3 of the Consumer Product Safety Act 15 U S C 2052 SEC 1083 MODIFICATION TO FIRST DIVISION MONUMENT a AUTHORIZATION —The Society of the First Infantry Division may make modifications to the First Division Monument located on Federal land in President’s Park in the District of Columbia to honor the dead of the First Infantry Division United States Forces in— 1 Operation Desert Storm 2 Operation Iraqi Freedom and New Dawn and 3 Operation Enduring Freedom b MODIFICATIONS —Modifications to the First Division Monument may include construction of additional plaques and stone plinths on which to put plaques c APPLICABILITY OF COMMEMORATIVE WORKS ACT —Chapter 89 of title 40 United States Code commonly known as the ‘‘Commemorative Works Act’’ shall apply to the design and placement of the commemorative elements authorized by this section except that subsections b and c of section 8903 of such title shall not apply H R 6395—489 d COLLABORATION —The First Infantry Division of the Department of the Army shall collaborate with the Secretary of Defense to provide to the Society of the First Infantry Division the list of names to be added to the First Division Monument in accordance with subsection a e FUNDING —Federal funds may not be used for modifications of the First Division Monument authorized by this section SEC 1084 SENSE OF CONGRESS REGARDING REPORTING OF CIVILIAN CASUALTIES RESULTING FROM UNITED STATES MILITARY OPERATIONS It is the sense of Congress— 1 to commend the Department of Defense for the measures it has implemented and is currently implementing to prevent mitigate track investigate learn from respond to and report civilian casualties resulting from United States military operations 2 to agree with the Department that civilian casualties are a tragic and unavoidable part of war and to recognize that the Department endeavors to conduct all military operations in compliance with the international law of armed conflict and the laws of the United States including distinction proportionality and the requirement to take feasible precautions in planning and conducting operations to reduce the risk of harm to civilians and other protected persons and objects 3 that the protection of civilians and other protected persons and objects in addition to a legal obligation and a strategic interest is a moral and ethical imperative 4 that the Department has been responsive and submitted to Congress three successive annual reports on civilian casualties resulting from United States military operations for calendar years 2017 2018 and 2019 and has proactively updated reports as appropriate 5 to commend the United States Africa Command for announcing on March 21 2020 its intent to issue quarterly reports on the status of ongoing civilian casualty allegations and assessments 6 to recognize the efforts of the Department both in policy and in practice to reduce the harm to civilians and other protected persons and objects resulting from United States military operations and 7 to encourage the Department to make additional progress in— A ensuring that the combatant commands have the requisite personnel and resources to appropriately integrate the observance of human rights and the protection of civilians and civilian objects in the planning and activities of the commands B finalizing and implementing the policy of the Department relating to civilian casualties resulting from United States military operations as required by section 936 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 10 U S C 134 note C finalizing Department-wide regulations to implement section 1213 of the National Defense Authorization for Fiscal Year 2020 Public Law 116–92 for ex gratia H R 6395—490 payments for damage personal injury or death that is incident to the use of force by the United States Armed Forces a coalition that includes the United States a military organization supporting the United States or a military organization supporting the United States or such coalition and D enhancing the ability of foreign partner forces to reduce civilian casualties including in connection with train and equip programs advise assist accompany and enable missions and fully combined and coalition operations SEC 1085 DEPLOYMENT OF REAL-TIME STATUS OF SPECIAL USE AIRSPACE Not later than 180 days after the date of the enactment of this Act to the maximum extent practicable the Administrator of the Federal Aviation Administration in coordination with the Secretary of Defense shall enable the automated public dissemination of information on the real-time status of the activation or deactivation of military operations areas and restricted areas in a manner that is similar to the manner that temporary flight restrictions are published and disseminated SEC 1086 DUTIES OF SECRETARY UNDER UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT a ENSURING ABILITY OF ABSENT UNIFORMED SERVICES VOTERS SERVING AT DIPLOMATIC AND CONSULAR POSTS TO RECEIVE AND TRANSMIT BALLOTING MATERIALS —In carrying out the Secretary’s duties as the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act 52 U S C 20301 et seq the Secretary shall take such actions as may be necessary feasible and practical to ensure that a uniformed services voter under such Act who is absent from the United States by reason of active duty or service at a diplomatic and consular post of the United States is able to receive and transmit balloting materials in the same manner and with the same rights and protections as a uniformed services voter under such Act who is absent from the United States by reason of active duty or service at a military installation b EFFECTIVE DATE —This section shall apply with respect to elections held on or after the date of the enactment of this Act SEC 1087 MITIGATION OF MILITARY HELICOPTER NOISE a PROCESS FOR TRACKING COMPLAINTS —The Secretary of Defense in coordination with the Metropolitan Washington Airports Authority shall develop a process to receive track and analyze complaints of military rotary wing aircraft noise in the National Capital Region that are registered on the noise inquiry websites of Ronald Reagan Washington National Airport and Dulles International Airport b NATIONAL CAPITAL REGION —In this section the term ‘‘National Capital Region’’ has the meaning given such term in section 2674 f 2 of title 10 United States Code SEC 1088 CONGRESSIONAL EXPRESSION OF SUPPORT FOR DESIGNATION OF NATIONAL BORINQUENEERS DAY Congress— H R 6395—491 1 expresses support for the designation of ‘‘National Borinqueneers Day’’ 2 recognizes the bravery service and sacrifice of the Puerto Rican soldiers of the 65th Infantry Regiment in the armed conflicts of the United States in the 20th and 21st centuries 3 expresses deep gratitude for the contributions to the Armed Forces that have been made by hundreds of thousands of patriotic United States citizens from Puerto Rico and 4 urges individuals and communities across the United States to participate in activities that are designed— A to celebrate the distinguished service of the veterans who served in the 65th Infantry Regiment known as the ‘‘Borinqueneers’’ B to pay tribute to the sacrifices made and adversities overcome by Puerto Rican and Hispanic members of the Armed Forces and C to recognize the significant contributions to United States history made by the Borinqueneers SEC 1089 TED STEVENS CENTER FOR ARCTIC SECURITY STUDIES a PLAN REQUIRED — 1 IN GENERAL —Not later than 90 days after the date of the enactment of this Act the Secretary of Defense in coordination with the Secretary of State shall submit to the congressional defense committees a plan to establish a Department of Defense Regional Center for Security Studies for the Arctic 2 ELEMENTS —The plan required by paragraph 1 shall include the following A A description of the benefits of establishing such a center including the manner in which the establishment of such a center would benefit United States and Department of Defense interests in the Arctic region B A description of the mission and purpose of such a center including— i enhancing understanding of the dynamics and national security implications of an emerging Arctic region including increased access for transit and maneuverability and ii other specific policy guidance from the Office of the Secretary of Defense C An analysis of suitable reporting relationships with the applicable combatant commands D An assessment of suitable locations which shall include an enumeration and valuation of criteria which may include— i the proximity of a location to other academic institutions that study security implications with respect to the Arctic region ii the proximity of a location to the designated lead for Arctic affairs of the United States Northern Command and iii the proximity of a location to a central hub of assigned Arctic-focused Armed Forces so as to suitably advance relevant professional development of skills unique to the Arctic region H R 6395—492 E A description of the establishment and operational costs of such a center including for— i military construction for required facilities ii facility renovation iii personnel costs for faculty and staff and iv other costs the Secretary considers appropriate F An evaluation of the existing infrastructure resources and personnel available at military installations and at universities and other academic institutions that could reduce the costs described in accordance with subparagraph E G An examination of partnership opportunities with United States allies and partners for potential collaboration and burden sharing H A description of potential courses and programs that such a center could carry out including— i core specialized and advanced courses ii potential planning workshops iii seminars iv confidence-building initiatives and v academic research I A description of any modification to title 10 United States Code necessary for the effective operation of such a center 3 FORM —The plan required by paragraph 1 shall be submitted in unclassified form but may include a classified annex b ESTABLISHMENT — 1 IN GENERAL —Not earlier than 30 days after the submittal of the plan required by subsection a and subject to the availability of appropriations the Secretary of Defense may establish and administer a Department of Defense Regional Center for Security Studies for the Arctic to be known as the ‘‘Ted Stevens Center for Arctic Security Studies’’ for the purpose described in section 342 a of title 10 United States Code 2 LOCATION —Subject to a determination by the Secretary to establish the Ted Stevens Center for Arctic Security Studies under this section the Center shall be established at a location determined suitable pursuant to subsection a 2 D SEC 1090 ESTABLISHMENT OF VETTING PROCEDURES AND MONITORING REQUIREMENTS FOR CERTAIN MILITARY TRAINING a ESTABLISHMENT OF VETTING PROCEDURES — 1 IN GENERAL —Not later than 90 days after the date of the enactment of this Act the Secretary of Defense shall establish procedures to vet covered individuals for eligibility for physical access to Department of Defense installations and facilities within the United States 2 CRITERIA FOR PROCEDURES —The procedures established under paragraph 1 shall include biographic and biometric screening of covered individuals continuous review of whether covered individuals should continue to be authorized for physical access biographic checks of the immediate family members H R 6395—493 of covered individuals and any other measures that the Secretary determines appropriate for vetting 3 INFORMATION REQUIRED —The Secretary shall identify the information required to conduct the vetting under this section 4 COLLECTION OF INFORMATION —The Secretary shall— A collect the information required to vet individuals under the procedures established under this subsection B as required for the effective implementation of this section seek to enter into agreements with the relevant departments and agencies of the United States to facilitate the sharing of information in the possession of such departments and agencies concerning covered individuals and C ensure that the initial vetting of covered individuals is conducted as early and promptly as practicable to minimize disruptions to United States programs to train foreign military students b DETERMINATION AUTHORITY — 1 REVIEW OF VETTING RESULTS —The Secretary shall assign to an organization within the Department with responsibility for security and counterintelligence the responsibility of— A reviewing the results of the vetting of a covered individual conducted under subsection a and B making a recommendation regarding whether such individual should be given physical access to a Department of Defense installation or facility 2 NEGATIVE RECOMMENDATION —If the recommendation with respect to a covered individual under paragraph 1 B is that the individual should not be given physical access to a Department of Defense installation or facility— A such individual may only be given such access if such access is authorized by the Secretary of Defense or the Deputy Secretary of Defense and B the Secretary of Defense shall ensure that the Secretary of State is promptly provided with notification of such recommendation c ADDITIONAL SECURITY MEASURES — 1 SECURITY MEASURES REQUIRED —The Secretary of Defense shall ensure that— A all Department of Defense common access cards issued to foreign nationals in the United States comply with the credentialing standards issued by the Office of Personnel Management B all such common access cards issued to foreign nationals in the United States include a visual indicator as required by the standard developed by the Department of Commerce National Institute of Standards and Technology C physical access by covered individuals is limited as appropriate to those Department of Defense installations or facilities within the United States directly associated with the training or education or necessary for such individuals to access authorized benefits D a policy is in place covering possession of firearms on Department of Defense property by covered individuals E covered individuals who have been granted physical access to Department of Defense installations and facilities H R 6395—494 are incorporated into the Insider Threat Program of the Department of Defense and F covered individuals are prohibited from transporting possessing storing or using personally owned firearms on Department of Defense installations or property consistent with the Secretary of Defense policy memorandum dated January 16 2020 or any successor policy guidance that restricts transporting possessing storing or using personally owned firearms on Department of Defense installations or property 2 EFFECTIVE DATE —The security measures required under paragraph 1 shall take effect on the date that is 181 days after the date of the enactment of this Act 3 NOTIFICATION REQUIRED —Upon the establishment of the security measures required under paragraph 1 the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives notice of the establishment of such security measures d REPORTING REQUIREMENTS — 1 REPORT —Not later than two years after the date of the enactment of this Act the Secretary of Defense shall submit to the appropriate congressional committees a report on the implementation and effects of this section Such report shall include a description of— A any positive or negative effects on the training of foreign military students as a result of this section B the effectiveness of the vetting procedures implemented pursuant to this section in preventing harm to members of the Armed Forces and United States persons C any mitigation strategies used to address any negative effects of the implementation of this section and D a proposed plan to mitigate any ongoing negative effects to the vetting and training of foreign military students by the Department of Defense 2 REPORT BY COMPTROLLER GENERAL —Not later than three years after the date of the enactment of this Act the Comptroller General of the United States shall submit to the appropriate congressional committees an unclassified report which may contain a classified annex on the safety and security of United States personnel and international students assigned to United States military bases participating in programs authorized under chapter 5 of part II of the Foreign Assistance Act of 1961 22 U S C 2347 et seq relating to international military education and training particularly with respect to whether— A relevant United States diplomatic and consular personnel properly vet foreign personnel participating in such programs and entering such bases B existing screening protocols with respect to such vetting include counter-terrorism screening and are sufficiently effective at ensuring the safety and security of United States personnel and international students assigned to such bases and C whether existing screening protocols with respect to such vetting are in compliance with applicable requirements of section 362 of title 10 United States Code and H R 6395—495 sections 502B and 620M of the Foreign Assistance Act of 1961 22 U S C 2304 and 2378d e DEFINITIONS —In this section 1 The term ‘‘appropriate congressional committees’’ means— A the Committee on Armed Services and the Committee on Foreign Relations of the Senate and B the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives 2 The term ‘‘covered individual’’ means any foreign national except foreign nationals of Australia Canada New Zealand and the United Kingdom who have been granted a security clearance that is reciprocally accepted by the United States for access to classified information who— A is seeking physical access to a Department of Defense installation or facility within the United States and B is— i selected nominated or accepted for training or education for a period of more than 14 days occurring on a Department of Defense installation or facility within the United States or ii an immediate family member accompanying any foreign national who has been selected nominated or accepted for such training or education 3 The term ‘‘United States’’ means the several States the District of Columbia the Commonwealth of Puerto Rico and Guam 4 The term ‘‘immediate family member’’ with respect to any individual means the parent step-parent spouse sibling step-sibling half-sibling child or step-child of the individual SEC 1091 PERSONAL PROTECTIVE EQUIPMENT MATTERS a BRIEFINGS ON FIELDING OF NEWEST GENERATIONS OF PPE ARMED FORCES — 1 BRIEFINGS REQUIRED —Not later than January 31 2021 each Secretary of a military department shall submit to Congress a briefing on the fielding of the newest generations of personal protective equipment to the Armed Forces under the jurisdiction of such Secretary 2 ELEMENTS —Each briefing under paragraph 1 shall include for each Armed Force covered by such briefing the following A A description and assessment of the fielding of newest generations of personal protective equipment to members of such Armed Force including the following i The number aggregated by total number and by sex of members of such Armed Force issued the Army Soldiers Protective System and the Modular Scalable Vest Generation II body armor as of December 31 2020 ii The number aggregated by total number and by sex of members of such Armed Force issued Marine Corps Plate Carrier Generation III body armor as of that date TO THE H R 6395—496 iii The number aggregated by total number and by sex of members of such Armed Force fitted with legacy personal protective equipment as of that date B A description and assessment of the barriers if any to the fielding of such generations of equipment to such members C A description and assessment of challenges in the fielding of such generations of equipment to such members including cost overruns contractor delays and other challenges b SYSTEM FOR TRACKING DATA ON INJURIES AMONG MEMBERS OF THE ARMED FORCES IN USE OF NEWEST GENERATION PPE — 1 SYSTEM REQUIRED — A IN GENERAL —The Secretary of Defense shall develop and maintain a system for tracking data on injuries among members of the Armed Forces in and during the use of newest generation personal protective equipment B SCOPE OF SYSTEM —The system required by this paragraph may at the election of the Secretary be new for purposes of this subsection or within or a modification of an appropriate existing system 2 BRIEFING —Not later than January 31 2025 the Secretary shall submit to Congress a briefing on the prevalence among members of the Armed Forces of preventable injuries attributable to ill-fitting or malfunctioning personal protective equipment c ASSESSMENTS OF MEMBERS OF THE ARMED FORCES OF INJURIES INCURRED IN CONNECTION WITH ILL-FITTING OR MALFUNCTIONING PPE — 1 IN GENERAL —Each health assessment specified in paragraph 2 that is undertaken after the date of the enactment of this Act shall include the following A One or more questions on whether members incurred an injury in connection with ill-fitting or malfunctioning personal protective equipment during the period covered by such assessment including the nature of such injury B In the case of any member who has so incurred such an injury one or more elements of self-evaluation of such injury by such member for purposes of facilitating timely documentation and enhanced monitoring of such members and injuries 2 ASSESSMENTS —The health assessments specified in this paragraph are the following A The annual Periodic Health Assessment of members of the Armed Forces B The post-deployment health assessment of members of the Armed Forces 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 H R 6395—497 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 Sec 1137 Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 amendments Sec 1138 Nondisclosure agreement limitation Subtitle A—General Provisions SEC 1101 DEPARTMENT OF DEFENSE POLICY ON UNCLASSIFIED WORKSPACES AND JOB FUNCTIONS OF PERSONNEL WITH PENDING SECURITY CLEARANCES a POLICY REQUIRED —The Secretary of Defense shall develop and implement a policy under which a covered individual may occupy a position within the Department of Defense that requires a security clearance to perform appropriate unclassified work or work commensurate with a security clearance already held by the H R 6395—498 individual which may include an interim security clearance while such individual awaits a final determination with respect to the security clearance required for such position b UNCLASSIFIED WORK SPACES —As part of the policy under subsection a the Secretary of Defense shall— 1 ensure to the extent practicable that all facilities of the Department of Defense at which covered individuals perform job functions have unclassified workspaces and 2 issue guidelines under which appropriately screened individuals who are not covered individuals may use the unclassified workspaces on a space-available basis c REPORT —Not later than one year after the date of 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 policy required by subsection a The report shall include the following 1 Identification of any challenges or impediments to allowing covered individuals fill positions on a probationary basis as described in subsection a 2 A plan for implementing the policy 3 A description of how existing facilities may be modified to accommodate unclassified workspaces 4 Identification of impediments to making unclassified workspace available d COVERED INDIVIDUAL DEFINED —In this section the term ‘‘covered individual’’ includes a member of the Armed Forces a civilian employee of the Department of Defense or an applicant for a civilian position within the Department of Defense who has applied for but who has not yet received a security clearance that is required for the individual to perform one or more job functions SEC 1102 ENHANCEMENT OF PUBLIC-PRIVATE TALENT EXCHANGE PROGRAMS IN THE DEPARTMENT OF DEFENSE a PUBLIC-PRIVATE TALENT EXCHANGE —Section 1599g of title 10 United States Code is amended— 1 in subsection b 1 by amending subparagraph C to read as follows ‘‘ C shall contain language ensuring that such employee of the Department does not improperly use information that such employee knows relates to a Department acquisition or procurement for the benefit or advantage of the private-sector organization ’’ and 2 by amending paragraph 4 of subsection f to read as follows ‘‘ 4 may not perform work that is considered inherently governmental in nature and’’ b APPLICATION OF EXCHANGE AUTHORITY TO MODERNIZATION PRIORITIES —Not later than 90 days after the date of the enactment of this Act the Secretary of Defense shall take steps to ensure that the authority of the Secretary to carry out a public-private talent exchange program under section 1599g of title 10 United States Code as amended by subsection a is used to— 1 carry out exchanges of personnel with private sector entities that are working on the modernization priorities of the Department of Defense and 2 carry out exchanges in— H R 6395—499 A the office of the Under Secretary of Defense for Research and Engineering B the office of the Chief Information Officer of the Department of Defense C each Armed Force under the jurisdiction of the Secretary of a military department and D any other organizations or elements of the Department of Defense the Secretary determines appropriate c CONFLICTS OF INTEREST —The Secretary shall implement a system to identify mitigate and manage any conflicts of interests that may arise as a result of an individual’s participation in a public-private talent exchange under section 1599g of title 10 United States Code d TREATMENT OF PROGRAM PARTICIPANTS —The Secretary of Defense in consultation with each Secretary of a military department shall develop practices to ensure that participation by a member of an Armed Force under the jurisdiction of the Secretary of a military department in an public-private talent exchange under section 1599g of title 10 United States Code is taken into consideration in subsequent assignments e BRIEFING ON USE OF EXISTING EXCHANGE PROGRAM AUTHORITY — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act and annually thereafter for 5 years the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the efforts undertaken— A to implement the public-private exchange programs of the Department of Defense and B to ensure that such programs seek opportunities for exchanges with private sector entities working on modernization priorities of the Department of Defense including artificial intelligence applications in accordance with the requirements of this section 2 ELEMENTS —Each briefing under paragraph 1 shall include an explanation of— A what barriers may prevent supervisors from nominating their staff and encouraging participation in publicprivate exchange programs B how the Department can incentivize senior leaders and supervisors to encourage participation in such programs C how the Department is implementing the requirment of subsection c relating to conflicts of interest and D what if any statutory changes or authorities are needed to effectively carry out such programs SEC 1103 PAID PARENTAL LEAVE TECHNICAL CORRECTIONS a SHORT TITLE —This section may be cited as the ‘‘Paid Parental Leave Technical Corrections Act of 2020’’ b PAID PARENTAL LEAVE FOR EMPLOYEES OF DISTRICT OF COLUMBIA COURTS AND DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE — 1 DISTRICT OF COLUMBIA COURTS —Section 11–1726 District of Columbia Official Code is amended by adding at the end the following new subsection H R 6395—500 ‘‘ d In carrying out the Family and Medical Leave Act of 1993 29 U S C 2601 et seq with respect to nonjudicial employees of the District of Columbia courts the Joint Committee on Judicial Administration shall notwithstanding any provision of such Act establish a paid parental leave program for the leave described in subparagraphs A and B of section 102 a 1 of such Act 29 U S C 2612 a 1 relating to leave provided in connection with the birth of a child or a placement of a child for adoption or foster care In developing the terms and conditions for this program the Joint Committee may be guided by the terms and conditions applicable to the provision of paid parental leave for employees of the Federal Government under chapter 63 of title 5 United States Code and any corresponding regulations ’’ 2 DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE — Section 305 of the District of Columbia Court Reform and Criminal Procedure Act of 1970 section 2–1605 D C Official Code is amended by adding at the end the following new subsection ‘‘ d In carrying out the Family and Medical Leave Act of 1993 29 U S C 2601 et seq with respect to employees of the Service the Director shall notwithstanding any provision of such Act establish a paid parental leave program for the leave described in subparagraphs A and B of section 102 a 1 of such Act 29 U S C 2612 a 1 relating to leave provided in connection with the birth of a child or the placement of a child for adoption or foster care In developing the terms and conditions for this program the Director may be guided by the terms and conditions applicable to the provision of paid parental leave for employees of the Federal Government under chapter 63 of title 5 United States Code and any corresponding regulations ’’ c FAA AND TSA — 1 IN GENERAL —Section 40122 g of title 49 United States Code is amended— A by redesignating paragraph 5 as paragraph 6 and B by inserting after paragraph 4 the following ‘‘ 5 PAID PARENTAL LEAVE —The Administrator shall implement a paid parental leave benefit for employees of the Administration that is at a minimum consistent with the paid parental leave benefits provided under section 6382 of title 5 ’’ 2 EFFECTIVE DATE —The amendments made by paragraph 1 shall apply with respect to any birth or placement occurring on or after October 1 2020 3 RULE OF CONSTRUCTION —Nothing in this subsection or any amendment made by this subsection may be construed to affect leave provided to an employee of the Transportation Security Administration before October 1 2020 d TITLE 38 EMPLOYEES — 1 IN GENERAL —Section 7425 of title 38 United States Code is amended— A in subsection b by striking ‘‘Notwithstanding’’ and inserting ‘‘Except as provided in subsection c and notwithstanding’’ and B by adding at the end the following ‘‘ c Notwithstanding any other provision of this subchapter the Administration shall provide to individuals appointed to any H R 6395—501 position described in section 7421 b who are employed for compensation by the Administration family and medical leave in the same manner and subject to the same limitations to the maximum extent practicable as family and medical leave is provided under subchapter V of chapter 63 of title 5 to employees as defined in section 6381 1 of such title ’’ 2 APPLICABILITY —The amendments made by paragraph 1 shall apply with respect to any event for which leave may be taken under subchapter V of chapter 63 of title 5 United States Code occurring on or after October 1 2020 e EMPLOYEES OF EXECUTIVE OFFICE OF THE PRESIDENT — 1 IN GENERAL —Section 412 of title 3 United States Code is amended— A in subsection a by adding at the end the following ‘‘ 3 EXCEPTION —Notwithstanding section 401 b 2 the requirements of paragraph 2 B shall not apply with respect to leave under subparagraph A or B of section 102 a 1 of the Family and Medical Leave Act of 1993 29 U S C 2612 a 1 ’’ B by redesignating subsections c and d as subsections d and e respectively C by inserting after subsection b the following ‘‘ c SPECIAL RULES FOR SUBSTITUTION OF PAID LEAVE — ‘‘ 1 SUBSTITUTION OF PAID LEAVE —A covered employee may elect to substitute for any leave without pay under subparagraph A or B of section 102 a 1 of the Family and Medical Leave Act of 1993 29 U S C 2612 a 1 any paid leave which is available to such employee for that purpose ‘‘ 2 AVAILABLE LEAVE —The paid leave that is available to a covered employee for purposes of paragraph 1 is leave of the type and in the amount available to an employee under section 6382 d 2 B of title 5 United States Code for substitution for leave without pay under subparagraph A or B of section 6382 a 1 of such title ‘‘ 3 CONSISTENCY WITH TITLE 5 —Paid leave shall be substituted under this subsection in a manner that is consistent with the requirements in section 6382 d 2 of title 5 United States Code except that a reference in that section to an employing agency shall be considered to be a reference to an employing office and subparagraph E of that section shall not apply ’’ D in paragraph 2 of subsection d as redesignated by subparagraph B — i in subparagraph A by striking ‘‘and’’ at the end of the subparagraph ii in subparagraph B by striking the period at the end and inserting ‘‘ and’’ and iii by adding at the end the following ‘‘ C except that the President or designee shall issue regulations to implement subsection c in accordance with the requirements of that subsection ’’ and E in paragraph 1 of subsection e as redesignated by subparagraph B by inserting after ‘‘subsection c ’’ the following ‘‘ as in effect on the date of enactment of the Presidential and Executive Office Accountability Act ’’ H R 6395—502 2 APPLICABILITY —The amendments made by this subsection shall apply with respect to any birth or placement occurring on or after October 1 2020 f AMENDMENTS TO TITLE 5 FAMILY AND MEDICAL LEAVE ACT PROVISIONS —Chapter 63 of title 5 United States Code is amended— 1 in section 6301 2 by amending clause v to read as follows ‘‘ v an employee of the Veterans Health Administration who is covered by a leave system established under section 7421 of title 38 ’’ 2 in section 6381 1 — A in subparagraph A by striking ‘‘ v or’’ and B by amending subparagraph B to read as follows ‘‘ B has completed at least 12 months of service as an employee as defined in section 2105 of the Government of the United States including service with the United States Postal Service the Postal Regulatory Commission and a nonappropriated fund instrumentality as described in section 2105 c ’’ and 3 in section 6382 d — A in paragraph 1 by striking ‘‘under subchapter I’’ in each place it appears and B in paragraph 2 B ii by striking ‘‘under subchapter I’’ g AMENDMENT TO CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 — 1 IN GENERAL —Section 202 d 2 B of the Congressional Accountability Act of 1995 2 U S C 1312 d 2 B as amended by section 7603 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 is amended by inserting ‘‘accrued’’ before ‘‘sick leave’’ 2 EFFECTIVE DATE —The amendment made by this subsection shall apply with respect to any event for which leave may be taken under subparagraph A or B of section 102 a 1 of the Family and Medical Leave Act of 1995 29 U S C 2612 a 1 and occurring on or after October 1 2020 SEC 1104 AUTHORITY TO PROVIDE TRAVEL AND TRANSPORTATION ALLOWANCES IN CONNECTION WITH TRANSFER CEREMONIES OF CERTAIN CIVILIAN EMPLOYEES WHO DIE OVERSEAS a TRAVEL AND TRANSPORTATION ALLOWANCES — 1 IN GENERAL —Subchapter II of chapter 75 of title 10 United States Code is amended by adding at the end the following new section ‘‘§ 1492 Authority to provide travel and transportation allowances in connection with transfer ceremonies of certain civilian employees who die overseas ‘‘ a AUTHORITY —A covered official may treat a covered relative of a covered employee under the jurisdiction of that covered official in the same manner the Secretary of a military department treats under section 481f d of title 37 next of kin and family members of a member of the armed forces who dies while located or serving overseas ‘‘ b DEFINITIONS —In this section H R 6395—503 ‘‘ 1 The term ‘covered employee’ means a civilian employee— ‘‘ A under the jurisdiction of a covered official and ‘‘ B who dies while located or serving overseas ‘‘ 2 The term ‘covered official’ means— ‘‘ A the Secretary of the military department concerned and ‘‘ B the head of a Defense Agency or Department of Defense Field Activity ‘‘ 3 The term ‘covered relative’ means— ‘‘ A the primary next of kin of the covered employee ‘‘ B two family members other than primary next of kin of the covered employee and ‘‘ C one or more additional family members of the covered employee at the discretion of the Secretary a sibling of the covered employee ’’ 2 CLERICAL AMENDMENT —The table of contents at the beginning of such subchapter is amended by adding at the end the following new item ‘‘1492 Authority to provide travel and transportation allowances in connection with transfer ceremonies of certain civilian employees who die overseas ’’ b TECHNICAL AMENDMENTS —Section 481f d of title 37 United States Code is amended— 1 in the subsection heading by striking ‘‘Transportation To’’ and inserting ‘‘Travel And Transportation Allowances In Connection With’’ and 2 in paragraph 1 in the matter preceding subparagraph A by striking ‘‘transportation to’’ and inserting ‘‘travel and transportation allowances in connection with’’ 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 Subsection a of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 Public Law 110– 417 122 Stat 4615 as most recently amended by section 1105 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 is further amended by striking ‘‘through 2020’’ and inserting ‘‘through 2021’’ SEC 1106 ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT ALLOWANCES BENEFITS AND GRATUITIES TO CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE Paragraph 2 of section 1603 a of the Emergency Supplemental Appropriations Act for Defense the Global War on Terror and Hurricane Recovery 2006 Public Law 109–234 120 Stat 443 as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 Public Law 110–417 122 Stat 4616 and as most recently amended by section 1104 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 is further amended by striking ‘‘2021’’ and inserting ‘‘2022’’ H R 6395—504 SEC 1107 CIVILIAN FACULTY AT THE DEFENSE SECURITY COOPERATION UNIVERSITY AND INSTITUTE OF SECURITY GOVERNANCE Section 1595 c of title 10 United States Code is amended by adding at the end the following ‘‘ 6 The Defense Security Cooperation University ‘‘ 7 The Defense Institute for Security Governance ’’ SEC 1108 TEMPORARY AUTHORITY TO APPOINT RETIRED MEMBERS OF THE ARMED FORCES TO POSITIONS IN THE DEPARTMENT OF DEFENSE a IN GENERAL —Notwithstanding the requirements of section 3326 of title 5 United States Code the Secretary of Defense may appoint retired members of the Armed Forces to positions in the Department of Defense described in subsection b b POSITIONS — 1 IN GENERAL —The positions in the Department described in this subsection are positions classified at or below GS–13 under the General Schedule under subchapter III of chapter 53 of title 5 United States Code or an equivalent level under another wage system in the competitive service— A at any defense industrial base facility as that term is defined in section 2208 u 3 of title 10 United States Code that is part of the core logistics capabilities as described in section 2464 a of such title and B that have been certified by the Secretary of the military department concerned as lacking sufficient numbers of potential applicants 2 LIMITATION ON DELEGATION OF CERTIFICATION —The Secretary of a military department may not delegate the authority to make a certification described in paragraph 1 B to an individual in a grade lower than colonel captain in the Navy or an equivalent grade in the Space Force or an individual with an equivalent civilian grade c REPORT —Not later than two years after the date of enactment of this Act the Secretary of Defense shall submit to the congressional defense committees a report on this section and the authority provided by this section The report shall include the following 1 A description of the use of such authority including the positions to which appointments are authorized to be made under such authority and the number of retired members appointed to each such position under such authority 2 Any other matters in connection with such section or such authority that the Secretary considers appropriate d SUNSET —Effective on the date that is 3 years after the date of enactment of this Act the authority provided under subsection a shall expire e DEFINITIONS —In this section the terms ‘‘member’’ and ‘‘Secretary concerned’’ have the meaning given those terms in section 101 of title 37 United States Code SEC 1109 FIRE FIGHTERS ALTERNATIVE WORK SCHEDULE DEMONSTRATION PROJECT FOR THE NAVY REGION MIDATLANTIC FIRE AND EMERGENCY SERVICES a IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Commander Navy Region Mid- H R 6395—505 Atlantic shall establish and carry out for a period of not less than five years a Fire Fighters Alternative Work Schedule demonstration project for the Navy Region Mid-Atlantic Fire and Emergency Services Such demonstration project shall provide with respect to each employee of the Navy Region Mid-Atlantic Fire and Emergency Services that— 1 assignments to tours of duty are scheduled in advance over periods of not less than two weeks 2 tours of duty are scheduled using a regularly recurring pattern of 48-hour shifts followed by 48 or 72 consecutive non-work hours as determined by mutual agreement between the Commander Navy Region Mid-Atlantic and the exclusive employee representative at each Navy Region Mid-Atlantic installation in such a manner that each employee is regularly scheduled for 144-hours in any two-week period 3 for any such employee that is a fire fighter working an alternative work schedule such employee shall earn overtime compensation in a manner consistent with other applicable law and regulation 4 no right shall be established to any form of premium pay including night Sunday holiday or hazard duty pay and 5 leave accrual and use shall be consistent with other applicable law and regulation b REPORT —Not later than 180 days after the date on which the demonstration project under this section terminates the Commander Navy Region Mid-Atlantic shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing— 1 any financial savings or expenses directly and inseparably linked to the demonstration project 2 any intangible quality of life and morale improvements achieved by the demonstration project and 3 any adverse impact of the demonstration project occurring solely as the result of the transition to the demonstration project SEC 1110 SPECIAL RULES FOR CERTAIN MONTHLY WORKERS’ COMPENSATION PAYMENTS AND OTHER PAYMENTS FOR FEDERAL GOVERNMENT PERSONNEL UNDER CHIEF OF MISSION AUTHORITY Section 901 of title IX of division J of the Further Consolidated Appropriations Act 2020 Public Law 116–94 22 U S C 2680b is amended— 1 in subsection a by inserting ‘‘or the head of any other Federal agency’’ after ‘‘The Secretary of State’’ 2 in subsection c by striking ‘‘and the Secretary of State’’ and inserting ‘‘ the Secretary of State and as appropriate the head of any other Federal agency paying benefits under this section’’ 3 in subsection e 2 — A by striking ‘‘the Department of State’’ and inserting ‘‘the Federal Government’’ and B by inserting after ‘‘subsection f ’’ the following ‘‘ but does not include an individual receiving compensation under section 19A of the Central Intelligence Agency Act of 1949 50 U S C 3519b ’’ and H R 6395—506 4 in subsection h 2 by striking the first sentence and inserting the following ‘‘Nothing in this section shall limit modify or otherwise supersede chapter 81 of title 5 United States Code the Defense Base Act 42 U S C 1651 et seq or section 19A of the Central Intelligence Agency Act of 1949 50 U S C 3519b ’’ SEC 1111 TEMPORARY INCREASE IN LIMITATION ON ACCUMULATION OF ANNUAL LEAVE FOR EXECUTIVE BRANCH EMPLOYEES a IN GENERAL —At the discretion of the Director of the Office of Personnel Management annual leave provided to an Executive branch employee may accumulate for use in leave year 2021 in an amount equal to 125% of the maximum amount of annual leave permitted but for this subsection to accumulate for use in that leave year under the leave system covering such employee b EXCLUSION FROM LUMP-SUM PAYMENT —Any annual leave accumulated pursuant to subsection a in excess of the maximum amount of annual leave permitted but for this section to accumulate for use in succeeding years shall not be included in any lumpsum payment for leave to an individual including any lump-sum payment under section 5551 or 5552 of title 5 United States Code c DEFINITIONS —In this section— 1 the term ‘‘agency’’ means each agency office or other establishment in the executive branch of the Federal Government and 2 the term ‘‘Executive branch employee’’— A means— i an employee of an agency ii an employee appointed under chapter 74 of title 38 United States Code notwithstanding section 7421 a section 7425 b or any other provision of chapter 74 of such title and iii any other individual occupying a position in the civil service as that term is defined in section 2101 1 of title 5 United States Code in the executive branch of the Federal Government and B does not include any individual occupying a position that is classified at or above the level of a Senior Executive Service position or the equivalent thereof SEC 1112 TELEWORK TRAVEL EXPENSES PROGRAM OF THE UNITED STATES PATENT AND TRADEMARK OFFICE a IN GENERAL —Section 5711 of title 5 United States Code is amended— 1 in the section heading by striking ‘‘test’’ 2 in subsection f — A in paragraph 1 — i in the matter preceding subparagraph A by striking ‘‘committee’’ and inserting ‘‘committees’’ and ii in subparagraph B by striking ‘‘Government’’ B in paragraph 2 — i by striking ‘‘test’’ and ii by striking ‘‘section including the provision of reports in accordance with subsection d 1 ’’ and inserting ‘‘subsection’’ C in paragraph 4 B in the matter preceding clause i by inserting ‘‘and maintain’’ after ‘‘develop’’ and D in paragraph 5 — H R 6395—507 i in subparagraph A by striking ‘‘test’’ and ii by striking subparagraph B and inserting the following ‘‘ B The Director of the Patent and Trademark Office shall prepare and submit to the appropriate committees of Congress an annual report on the operation of the program under this subsection which shall include— ‘‘ i the costs and benefits of the program and ‘‘ ii an analysis of the effectiveness of the program as determined under criteria developed by the Director ’’ and 3 in subsection g by striking ‘‘this section’’ and inserting ‘‘subsection b ’’ b TECHNICAL AND CONFORMING AMENDMENTS —The table of sections for subchapter I of chapter 57 of title 5 United States Code is amended by striking the item relating to section 5711 and inserting the following ‘‘5711 Authority for telework travel expenses programs ’’ 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 Section 5542 a 6 B of title 5 United States Code is amended by striking ‘‘September 30 2021’’ and inserting ‘‘September 30 2026’’ SEC 1114 ENHANCED PAY AUTHORITY FOR CERTAIN ACQUISITION AND TECHNOLOGY POSITIONS IN THE DEPARTMENT OF DEFENSE a IN GENERAL —Subchapter I of chapter 87 of title 10 United States Code is amended by inserting after section 1701a the following new section ‘‘§ 1701b Enhanced pay authority for certain acquisition and technology positions ‘‘ a IN GENERAL —The Secretary of Defense may carry out a program using the pay authority specified in subsection d to fix the rate of basic pay for positions described in subsection c in order to assist the Office of the Secretary of Defense and the military departments in attracting and retaining high-quality acquisition and technology experts in positions responsible for managing and developing complex high-cost technological acquisition efforts of the Department of Defense ‘‘ b APPROVAL REQUIRED —The program may be carried out only with approval as follows ‘‘ 1 Approval of the Under Secretary of Defense for Acquisition and Sustainment in the case of positions in the Office of the Secretary of Defense ‘‘ 2 Approval of the service acquisition executive of the military department concerned in the case of positions in a military department ‘‘ c POSITIONS —The positions described in this subsection are positions that— ‘‘ 1 require expertise of an extremely high level in a scientific technical professional or acquisition management field and H R 6395—508 ‘‘ 2 are critical to the successful accomplishment of an important acquisition or technology development mission ‘‘ d RATE OF BASIC PAY —The pay authority specified in this subsection is authority as follows ‘‘ 1 Authority to fix the rate of basic pay for a position at a rate not to exceed 150 percent of the rate of basic pay payable for level I of the Executive Schedule upon the approval of the Under Secretary of Defense for Acquisition and Sustainment or the service acquisition executive concerned as applicable ‘‘ 2 Authority to fix the rate of basic pay for a position at a rate in excess of 150 percent of the rate of basic pay payable for level I of the Executive Schedule upon the approval of the Secretary of Defense ‘‘ e LIMITATIONS — ‘‘ 1 IN GENERAL —The authority in subsection a may be used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions described in subsection c ‘‘ 2 NUMBER OF POSITIONS —The authority in subsection a may not be used with respect to more than five positions in the Office of the Secretary of Defense and more than five positions in each military department at any one time ‘‘ 3 TERM OF POSITIONS —The authority in subsection a may be used only for positions having terms less than five years ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of subchapter I of chapter 87 of such title is amended by inserting after the item relating to section 1701a the following new item ‘‘1701b Enhanced pay authority for certain acquisition and technology positions ’’ c REPEAL OF PILOT PROGRAM — 1 IN GENERAL —Section 1111 of the National Defense Authorization Act for Fiscal Year 2016 10 U S C 1701 note is repealed 2 CONTINUATION OF PAY —The repeal in paragraph 1 shall not be interpreted to prohibit the payment of basic pay at rates fixed under such section 1111 before the date of the enactment of this Act for positions having terms that continue after that date SEC 1115 ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND TECHNOLOGY POSITIONS IN THE SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES OF THE DEPARTMENT OF DEFENSE a IN GENERAL —Chapter 139 of title 10 United States Code is amended by inserting after section 2358b the following new section ‘‘§ 2358c Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories ‘‘ a IN GENERAL —The Secretary of Defense may carry out a program using the pay authority specified in subsection d to fix the rate of basic pay for positions described in subsection c in order to assist the military departments in attracting and H R 6395—509 retaining high quality acquisition and technology experts in positions responsible for managing and performing complex high-cost research and technology development efforts in the science and technology reinvention laboratories of the Department of Defense ‘‘ b APPROVAL REQUIRED —The program may be carried out in a military department only with the approval of the service acquisition executive of the military department concerned ‘‘ c POSITIONS —The positions described in this subsection are positions in the science and technology reinvention laboratories of the Department of Defense that— ‘‘ 1 require expertise of an extremely high level in a scientific technical professional or acquisition management field and ‘‘ 2 are critical to the successful accomplishment of an important research or technology development mission ‘‘ d RATE OF BASIC PAY —The pay authority specified in this subsection is authority as follows ‘‘ 1 Authority to fix the rate of basic pay for a position at a rate not to exceed 150 percent of the rate of basic pay payable for level I of the Executive Schedule upon the approval of the service acquisition executive concerned ‘‘ 2 Authority to fix the rate of basic pay for a position at a rate in excess of 150 percent of the rate of basic pay payable for level I of the Executive Schedule upon the approval of the Secretary of the military department concerned ‘‘ e LIMITATIONS — ‘‘ 1 IN GENERAL —The authority in subsection a may be used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions described in subsection c ‘‘ 2 NUMBER OF POSITIONS —The authority in subsection a may not be used with respect to more than five positions in each military department at any one time ‘‘ 3 TERM OF POSITIONS —The authority in subsection a may be used only for positions having a term of less than five years ‘‘ f SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES OF THE DEPARTMENT OF DEFENSE DEFINED —In this section the term ‘science and technology reinvention laboratories of the Department of Defense’ means the laboratories designated as science and technology reinvention laboratories by section 1105 a of the National Defense Authorization Act for Fiscal Year 2010 10 U S C 2358 note ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of chapter 139 of such title is amended by inserting after the item relating to section 2358b the following new item ‘‘2358c Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories ’’ c REPEAL OF PILOT PROGRAM — 1 IN GENERAL —Section 1124 of the National Defense Authorization Act for Fiscal Year 2017 Public Law 114–328 130 Stat 2456 10 U S C 2358 note is repealed 2 CONTINUATION OF PAY —The repeal in paragraph 1 shall not be interpreted to prohibit the payment of basic pay at rates fixed under such section 1124 before the date of the enactment of this Act for positions having terms that continue after that date H R 6395—510 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 Section 1599c b of title 10 United States Code is amended by striking ‘‘December 31 2020’’ both places it appears and inserting ‘‘December 31 2025’’ SEC 1117 EXPANSION OF DIRECT HIRE AUTHORITY FOR CERTAIN DEPARTMENT OF DEFENSE PERSONNEL TO INCLUDE INSTALLATION MILITARY HOUSING OFFICE POSITIONS SUPERVISING PRIVATIZED MILITARY HOUSING Section 9905 a of title 5 United States Code is amended by adding at the end the following new paragraph ‘‘ 11 Any position in the military housing office of a military installation whose primary function is supervision of military housing covered by subchapter IV of chapter 169 of title 10 ’’ SEC 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 Section 1109 e of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 2010 5 U S C 3393 note is amended by striking ‘‘on the date’’ and all that follows and inserting ‘‘on August 13 2023’’ SEC 1119 PILOT PROGRAM ON ENHANCED PAY AUTHORITY FOR CERTAIN HIGH-LEVEL MANAGEMENT POSITIONS IN THE DEPARTMENT OF DEFENSE a PILOT PROGRAM AUTHORIZED —The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using the pay authority specified in subsection d to fix the rate of basic pay for positions described in subsection c in order to assist the Department of Defense in attracting and retaining personnel with significant experience in high-level management of complex organizations and enterprise functions in order to lead implementation by the Department of the National Defense Strategy b APPROVAL REQUIRED —The pilot program may be carried out only with approval as follows 1 Approval of the Deputy Secretary of Defense in the case of a position not under the authority direction and control of an Under Secretary of Defense and not under the authority direction and control of the Under Secretary of a military department 2 Approval of the applicable Under Secretary of Defense in the case of a position under the authority direction and control of an Under Secretary of Defense 3 Approval of the Under Secretary or an Assistant Secretary of the military department concerned in the case of a position in a military department H R 6395—511 c POSITIONS —The positions described in this subsection are positions that require expertise of an extremely high level in innovative leadership and management of enterprise-wide business operations including financial management health care supply chain and logistics information technology real property stewardship and human resources across a large and complex organization d RATE OF BASIC PAY —Without regard to the basic pay authorities in sections 5376 5382 5383 and 9903 of title 5 United States Code the pay authority specified in this subsection is authority as follows 1 Authority to fix the rate of basic pay for a position at a rate not to exceed 150 percent of the rate of basic pay payable for level I of the Executive Schedule upon the approval of the applicable official under subsection b 2 Authority to fix the rate of basic pay for a position at a rate in excess of 150 percent of the rate of basic pay payable for level I of the Executive Schedule upon the approval of the Secretary of Defense e LIMITATIONS — 1 IN GENERAL —The authority in subsection a may be used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions described in subsection c 2 NUMBER OF POSITIONS —The authority in subsection a may not be used with respect to— A more than 10 positions in the Office of the Secretary of Defense and components of the Department of Defense other than the military departments at any one time and B more than five positions in each military department at any one time 3 TERM OF POSITIONS —The authority in subsection a may be used only for positions having terms less than five years 4 PAST SERVICE —An individual may not be appointed to a position pursuant to the authority provided by subsection a if the individual separated or retired from Federal civil service or service as a commissioned officer of an Armed Force on a date that is less than five years before the date of such appointment of the individual f TERMINATION — 1 IN GENERAL —The authority to fix rates of basic pay for a position under this section shall terminate on October 1 2025 2 CONTINUATION OF PAY —Nothing in paragraph 1 shall be construed to prohibit the payment after October 1 2025 of basic pay at rates fixed under this section before that date for positions whose terms continue after that date SEC 1120 RECRUITMENT INCENTIVES FOR PLACEMENT AT REMOTE LOCATIONS a IN GENERAL —Chapter 81 of title 10 United States Code is amended by adding at the end the following new section ‘‘§ 1599i Recruitment incentives for placement at remote locations ‘‘ a RECRUITMENT INCENTIVE — H R 6395—512 ‘‘ 1 IN GENERAL —An individual appointed to a position in the Department of Defense at a covered location may be paid a recruitment incentive in connection with such appointment ‘‘ 2 AMOUNT —The amount of a recruitment incentive payable to an individual under this subsection may not exceed the amount equal to— ‘‘ A 25 percent of the annual rate of basic pay of the employee for the position concerned as of the date on which the service period in such position agreed to by the individual under paragraph 3 commences multiplied by ‘‘ B the number of years including fractions of a year of such service period not to exceed four years ‘‘ 3 SERVICE AGREEMENT —To receive a recruitment incentive under this subsection an individual appointed to a position under paragraph 1 shall enter into an agreement with the Secretary of Defense to complete a period of service at the covered location The period of obligated service of the individual at such location under the agreement may not exceed four years The agreement shall include such repayment or alternative employment obligations as the Secretary considers appropriate for failure of the individual to complete the period of obligated service specified in the agreement ‘‘ 4 COVERED LOCATIONS DEFINED —In this section a covered location is a location for which the Secretary of Defense has determined that critical hiring needs are not being met due to the geographic remoteness or isolation or extreme climate conditions of the location ‘‘ b SUNSET —Effective on September 30 2022 the authority provided under subsection a shall expire ’’ b OUTCOME MEASUREMENTS —The Secretary of Defense shall develop outcome measurements to evaluate the effect of the authority provided under subsection a of section 1599i of title 10 United States Code as added by subsection a and any relocation incentives provided under subsection b of such section c REPORT REQUIRED — 1 IN GENERAL —Not later than March 1 2022 the Secretary of Defense shall submit to the congressional defense committees a report on the effect of the authority provided under section 1599i of title 10 United States Code as added by subsection a 2 ELEMENTS —The report required by paragraph 1 shall include the following A A description and assessment of the effectiveness and achievements of the recruitment incentives described in paragraph 1 including— i the number of employees placed at covered locations described in section 1599i a 2 of title 10 United States Code as added by subsection a and ii the cost-per-placement of such employees B A comparison of the effectiveness and use of the recruitment incentives described in paragraph 1 to authorities under title 5 United States Code used by the Department of Defense before the date of the enactment of this Act to support hiring at remote or rural locations C An assessment of— H R 6395—513 i the minority community outreach efforts made in using the authority and providing relocation incentives described in paragraph 1 and ii participation outcomes D Such other matters as the Secretary considers appropriate d CLERICAL AMENDMENT —The table of sections at the beginning of chapter 81 of title 10 United States Code is amended by adding at the end the following new item ‘‘1599i 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 a IN GENERAL —Section 5724b b of title 5 United States Code is amended— 1 by striking ‘‘or relocation expenses reimbursed’’ and inserting ‘‘and relocation expenses reimbursed’’ and 2 by striking ‘‘of chapter 41’’ and inserting ‘‘or chapter 41’’ b RETROACTIVE EFFECTIVE DATE —The amendments made by subsection a shall take effect as if included in the enactment of section 1114 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 Subtitle B—Elijah E Cummings Federal Employee Antidiscrimination Act of 2020 SEC 1131 SHORT TITLE This subtitle may be cited as the ‘‘Elijah E Cummings Federal Employee Antidiscrimination Act of 2020’’ SEC 1132 SENSE OF CONGRESS Section 102 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 5 U S C 2301 note is amended— 1 by striking paragraph 4 and inserting the following ‘‘ 4 accountability in the enforcement of the rights of Federal employees is furthered when Federal agencies agree to take appropriate disciplinary action against Federal employees who are found to have intentionally committed discriminatory including retaliatory acts ’’ and 2 in paragraph 5 A — A by striking ‘‘nor is accountability’’ and inserting ‘‘accountability is not’’ and B by inserting ‘‘for what by law the agency is responsible’’ after ‘‘under this Act’’ SEC 1133 NOTIFICATION OF VIOLATION Section 202 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 5 U S C 2301 note is amended by adding at the end the following ‘‘ d NOTIFICATION OF FINAL AGENCY ACTION — ‘‘ 1 IN GENERAL —Not later than 90 days after the date on which an event described in paragraph 2 occurs with H R 6395—514 respect to a finding of discrimination including retaliation the head of the Federal agency subject to the finding shall provide notice— ‘‘ A on the public internet website of the agency in a clear and prominent location linked directly from the home page of that website ‘‘ B stating that a finding of discrimination including retaliation has been made and ‘‘ C which shall remain posted for not less than 1 year ‘‘ 2 EVENTS DESCRIBED —An event described in this paragraph is any of the following ‘‘ A All appeals of a final action by a Federal agency involving a finding of discrimination including retaliation prohibited by a provision of law covered by paragraph 1 or 2 of section 201 a have been exhausted ‘‘ B All appeals of a final decision by the Equal Employment Opportunity Commission involving a finding of discrimination including if the finding included a finding of retaliation prohibited by a provision of law covered by paragraph 1 or 2 of section 201 a have been exhausted ‘‘ C A court of jurisdiction issues a final judgment involving a finding of discrimination including retaliation prohibited by a provision of law covered by paragraph 1 or 2 of section 201 a ‘‘ 3 CONTENTS —A notification provided under paragraph 1 with respect to a finding of discrimination including retaliation shall— ‘‘ A identify the date on which the finding was made the date on which each discriminatory act occurred and the law violated by each such discriminatory act and ‘‘ B advise Federal employees of the rights and protections available under the provisions of law covered by paragraphs 1 and 2 of section 201 a ’’ SEC 1134 REPORTING REQUIREMENTS a ELECTRONIC FORMAT REQUIREMENT — 1 IN GENERAL —Section 203 a of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 5 U S C 2301 note is amended in the matter preceding paragraph 1 — A by inserting ‘‘Homeland Security and’’ before ‘‘Governmental Affairs’’ B by striking ‘‘on Government Reform’’ and inserting ‘‘on Oversight and Reform’’ and C by inserting ‘‘ in an electronic format prescribed by the Director of the Office of Personnel Management ’’ after ‘‘an annual report’’ 2 EFFECTIVE DATE —The amendment made by paragraph 1 C shall take effect on the date that is 1 year after the date of enactment of this Act 3 TRANSITION PERIOD —Notwithstanding the requirements of section 203 a of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 5 U S C 2301 note the report required under such section 203 a may be submitted in an electronic format as prescribed by H R 6395—515 the Director of the Office of Personnel Management during the period beginning on the date of enactment of this Act and ending on the effective date in paragraph 2 b REPORTING REQUIREMENT FOR DISCIPLINARY ACTION —Section 203 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 5 U S C 2301 note is amended by adding at the end the following ‘‘ c DISCIPLINARY ACTION REPORT —Not later than 120 days after the date on which a Federal agency takes final action or a Federal agency receives a final decision issued by the Equal Employment Opportunity Commission involving a finding of discrimination including retaliation in violation of a provision of law covered by paragraph 1 or 2 of section 201 a as applicable the applicable Federal agency shall submit to the Commission a report stating— ‘‘ 1 whether disciplinary action has been proposed against a Federal employee as a result of the violation and ‘‘ 2 the reasons for any disciplinary action proposed under paragraph 1 ’’ SEC 1135 DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES Section 301 b of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 5 U S C 2301 note is amended— 1 in paragraph 9 — A in subparagraph A by striking ‘‘and’’ at the end B in subparagraph B ii by striking the period at the end and inserting ‘‘ and’’ and C by adding at the end the following ‘‘ C with respect to each finding described in subparagraph A — ‘‘ i the date of the finding ‘‘ ii the affected Federal agency ‘‘ iii the law violated and ‘‘ iv whether a decision has been made regarding disciplinary action as a result of the finding ’’ and 2 by adding at the end the following ‘‘ 11 Data regarding each class action complaint filed against the agency alleging discrimination including retaliation including— ‘‘ A information regarding the date on which each complaint was filed ‘‘ B a general summary of the allegations alleged in the complaint ‘‘ C an estimate of the total number of plaintiffs joined in the complaint if known ‘‘ D the current status of the complaint including whether the class has been certified and ‘‘ E the case numbers for the civil actions in which discrimination including retaliation has been found ’’ SEC 1136 DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Section 302 b of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 5 U S C 2301 note is amended by striking ‘‘ 10 ’’ and inserting ‘‘ 11 ’’ H R 6395—516 SEC 1137 NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND RETALIATION ACT OF 2002 AMENDMENTS a NOTIFICATION REQUIREMENTS —Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 5 U S C 2301 note is amended by adding at the end the following ‘‘SEC 207 COMPLAINT TRACKING ‘‘Not later than 1 year after the date of enactment of the Elijah E Cummings Federal Employee Antidiscrimination Act of 2020 each Federal agency shall establish a system to track each complaint of discrimination arising under section 2302 b 1 of title 5 United States Code and adjudicated through the Equal Employment Opportunity process from the filing of a complaint with the Federal agency to resolution of the complaint including whether a decision has been made regarding disciplinary action as the result of a finding of discrimination ‘‘SEC 208 NOTATION IN PERSONNEL RECORD ‘‘If a Federal agency takes an adverse action covered under section 7512 of title 5 United States Code against a Federal employee for an act of discrimination including retaliation prohibited by a provision of law covered by paragraph 1 or 2 of section 201 a the agency shall after all appeals relating to that action have been exhausted include a notation of the adverse action and the reason for the action in the personnel record of the employee ’’ b PROCESSING AND REFERRAL —The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 5 U S C 2301 note is amended by adding at the end the following ‘‘TITLE IV—PROCESSING AND REFERRAL ‘‘SEC 401 PROCESSING AND RESOLUTION OF COMPLAINTS ‘‘Each Federal agency shall— ‘‘ 1 be responsible for the fair and impartial processing and resolution of complaints of employment discrimination including retaliation prohibited by a provision of law covered by paragraph 1 or 2 of section 201 a and ‘‘ 2 establish a model Equal Employment Opportunity Program that— ‘‘ A is not under the control either structurally or practically of the agency’s Office of Human Capital or Office of the General Counsel or the equivalent ‘‘ B is devoid of internal conflicts of interest and ensures fairness and inclusiveness within the agency and ‘‘ C ensures the efficient and fair resolution of complaints alleging discrimination including retaliation ‘‘SEC 402 NO LIMITATION ON ADVICE OR COUNSEL ‘‘Nothing in this title shall prevent a Federal agency or a subcomponent of a Federal agency or the Department of Justice from providing advice or counsel to employees of that agency or subcomponent as applicable in the resolution of a complaint H R 6395—517 ‘‘SEC 403 HEAD OF PROGRAM SUPERVISED BY HEAD OF AGENCY ‘‘The head of each Federal agency’s Equal Employment Opportunity Program shall report directly to the head of the agency ‘‘SEC 404 REFERRALS OF FINDINGS OF DISCRIMINATION ‘‘ a EEOC FINDINGS OF DISCRIMINATION — ‘‘ 1 IN GENERAL —Not later than 30 days after the date on which the Equal Employment Opportunity Commission referred to in this section as the ‘Commission’ receives or should have received a Federal agency report required under section 203 c the Commission may refer the matter to which the report relates to the Office of Special Counsel if the Commission determines that the Federal agency did not take appropriate action with respect to the finding that is the subject of the report ‘‘ 2 NOTIFICATIONS —The Commission shall— ‘‘ A notify the applicable Federal agency if the Commission refers a matter to the Office of Special Counsel under paragraph 1 and ‘‘ B with respect to a fiscal year include in the Annual Report of the Federal Workforce of the Commission covering that fiscal year— ‘‘ i the number of referrals made under paragraph 1 during that fiscal year and ‘‘ ii a brief summary of each referral described in clause i ‘‘ b REFERRALS TO SPECIAL COUNSEL —The Office of Special Counsel shall accept and review a referral from the Commission under subsection a 1 for purposes of pursuing disciplinary action under the authority of the Office against a Federal employee who commits an act of discrimination including retaliation ‘‘ c NOTIFICATION —The Office of Special Counsel shall notify the Commission and the applicable Federal agency in a case in which— ‘‘ 1 the Office of Special Counsel pursues disciplinary action under subsection b and ‘‘ 2 the Federal agency imposes some form of disciplinary action against a Federal employee who commits an act of discrimination including retaliation ‘‘ d SPECIAL COUNSEL APPROVAL —A Federal agency may not take disciplinary action against a Federal employee for an alleged act of discrimination including retaliation referred by the Commission under this section except in accordance with the requirements of section 1214 f of title 5 United States Code ’’ c CONFORMING AMENDMENTS —The table of contents in section 1 b of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 5 U S C 2301 note is amended— 1 by inserting after the item relating to section 206 the following ‘‘Sec 207 Complaint tracking ‘‘Sec 208 Notation in personnel record ’’ and 2 by adding at the end the following ‘‘Sec ‘‘Sec ‘‘Sec ‘‘Sec 401 402 403 404 ‘‘TITLE IV—PROCESSING AND REFERRAL Processing and resolution of complaints No limitation on advice or counsel Head of Program supervised by head of agency Referrals of findings of discrimination ’’ H R 6395—518 SEC 1138 NONDISCLOSURE AGREEMENT LIMITATION Section 2302 b 13 of title 5 United States Code is amended— 1 by striking ‘‘agreement does not’’ and inserting the following ‘‘agreement— ‘‘ A does not’’ 2 in subparagraph A as so designated by inserting ‘‘or the Office of Special Counsel’’ after ‘‘Inspector General’’ and 3 by adding at the end the following ‘‘ B prohibits or restricts an employee or applicant for employment from disclosing to Congress the Special Counsel the Inspector General of an agency or any other agency component responsible for internal investigation or review any information that relates to any violation of any law rule or regulation or mismanagement a gross waste of funds an abuse of authority or a substantial and specific danger to public health or safety or any other whistleblower protection or’’ TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 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 H R 6395—519 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 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 H R 6395—520 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 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 Sec 1271 Sec 1272 Sec 1273 Sec 1274 Sec 1275 Sec Sec Sec H—United States Israel Security Assistance Authorization Act of 2020 Short title Sense of Congress on United States-Israel relationship Security assistance for Israel Extension of war reserves stockpile authority Rules governing the transfer of precision-guided munitions to Israel above the annual restriction 1276 Eligibility of Israel for the strategic trade authorization exception to certain export control licensing requirements 1277 United States Agency for International Development memoranda of understanding to enhance cooperation with Israel 1278 Cooperative projects among the United States Israel and developing countries 1279 Joint cooperative program related to innovation and high-tech for the Middle East region 1280 Cooperation on directed energy capabilities 1280A Other matters of cooperation 1280B Appropriate congressional committees defined Sec Sec Sec Sec Sec 1281 1282 1283 1284 1285 Sec Sec Sec Sec Subtitle I—Global Child Thrive Act of 2020 Short title Sense of Congress Assistance to improve early childhood outcomes globally Special advisor for assistance to orphans and vulnerable children 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 H R 6395—521 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 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 Subtitle A—Assistance and Training SEC 1201 AUTHORITY TO BUILD CAPACITY FOR ADDITIONAL OPERATIONS Section 333 a of title 10 United States Code is amended— 1 by redesignating paragraph 7 as paragraph 8 2 by inserting after paragraph 6 the following new paragraph 7 ‘‘ 7 Air domain awareness operations ’’ and 3 by adding at the end the following new paragraph ‘‘ 9 Cyberspace security and defensive cyberspace operations ’’ SEC 1202 PARTICIPATION IN EUROPEAN PROGRAM ON MULTILATERAL EXCHANGE OF SURFACE TRANSPORTATION SERVICES a IN GENERAL —Subchapter II of chapter 138 of title 10 United States Code is amended by inserting after section 2350l the following new section 2350m ‘‘§ 2350m Participation in European program on multilateral exchange of surface transportation services ‘‘ a PARTICIPATION AUTHORIZED — ‘‘ 1 IN GENERAL —The Secretary of Defense with the concurrence of the Secretary of State may authorize the participation of the Department of Defense in the Surface Exchange of Services program in this section referred to as the ‘SEOS program’ of the Movement Coordination Centre Europe ‘‘ 2 SCOPE OF PARTICIPATION —Participation of the Department of Defense in the SEOS program under paragraph 1 may include— H R 6395—522 ‘‘ A the reciprocal exchange or transfer of surface transportation on a reimbursable basis or by replacementin-kind and ‘‘ B the exchange of surface transportation services of an equal value ‘‘ b WRITTEN ARRANGEMENT OR AGREEMENT — ‘‘ 1 IN GENERAL —Participation of the Department of Defense in the SEOS program shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense with the concurrence of the Secretary of State and the Movement Coordination Centre Europe ‘‘ 2 NOTIFICATION —The Secretary of Defense shall provide to the congressional defense committees notification of any arrangement or agreement entered into under paragraph 1 ‘‘ 3 FUNDING ARRANGEMENTS —If Department of Defense facilities equipment or funds are used to support the SEOS program the written arrangement or agreement under paragraph 1 shall specify the details of any equitable cost-sharing or other funding arrangement ‘‘ 4 OTHER ELEMENTS —Any written arrangement or agreement entered into under paragraph 1 shall require that any accrued credits or liability resulting from an unequal exchange or transfer of surface transportation services shall be liquidated through the SEOS program not less than once every five years ‘‘ c IMPLEMENTATION —In carrying out any arrangement or agreement entered into under subsection b the Secretary of Defense may— ‘‘ 1 pay the equitable share of the Department of Defense for the operating expenses of the Movement Coordination Centre Europe and the SEOS program from funds available to the Department of Defense for operation and maintenance and ‘‘ 2 assign members of the armed forces or Department of Defense civilian personnel within billets authorized for the United States European Command to duty at the Movement Coordination Centre Europe as necessary to fulfill Department of Defense obligations under that arrangement or agreement ‘‘ d CREDITING OF RECEIPTS —Any amount received by the Department of Defense as part of the SEOS program shall be credited at the option of the Secretary of Defense to— ‘‘ 1 the appropriation fund or account used in incurring the obligation for which such amount is received or ‘‘ 2 an appropriate appropriation fund or account currently available for the purposes for which the expenditures were made ‘‘ e ANNUAL REPORT — ‘‘ 1 IN GENERAL —Not later than 30 days after the end of each fiscal year in which the authority under this section is in effect the Secretary of Defense shall submit to the congressional defense committees a report on Department of Defense participation in the SEOS program during such fiscal year ‘‘ 2 ELEMENTS —Each report required by paragraph 1 shall include the following ‘‘ A A description of the equitable share of the costs and activities of the SEOS program paid by the Department of Defense H R 6395—523 ‘‘ B A description of any amount received by the Department of Defense as part of such program including the country from which the amount was received ‘‘ f LIMITATION ON STATUTORY CONSTRUCTION —Nothing in this section may be construed to authorize the use of foreign sealift in violation of section 2631 ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2350l the following new item ‘‘2350m Participation in European program on multilateral exchange of surface transportation services ’’ SEC 1203 PARTICIPATION IN PROGRAMS RELATING TO COORDINATION OR EXCHANGE OF AIR REFUELING AND AIR TRANSPORTATION SERVICES a IN GENERAL —Subchapter II of chapter 138 of title 10 United States Code as amended by section 1202 is further amended by adding at the end the following new section ‘‘§ 2350o Participation in programs relating to coordination or exchange of air refueling and air transportation services ‘‘ a PARTICIPATION AUTHORIZED — ‘‘ 1 IN GENERAL —The Secretary of Defense with the concurrence of the Secretary of State may authorize the participation of the Department of Defense in programs relating to the coordination or exchange of air refueling and air transportation services including in the arrangement known as the Air Transport and Air-to-Air Refueling and other Exchanges of Services program in this section referred to as the ‘ATARES program’ ‘‘ 2 SCOPE OF PARTICIPATION —Participation of the Department of Defense in programs referred to in paragraph 1 may include— ‘‘ A the reciprocal exchange or transfer of air refueling and air transportation services on a reimbursable basis or by replacement-in-kind and ‘‘ B the exchange of air refueling and air transportation services of an equal value ‘‘ 3 LIMITATIONS WITH RESPECT TO PARTICIPATION IN ATARES PROGRAM — ‘‘ A IN GENERAL —The Department of Defense balance of executed flight hours in participation in the ATARES program under paragraph 1 whether as credits or debits may not exceed a total of 500 hours ‘‘ B AIR REFUELING —The Department of Defense balance of executed flight hours for air refueling in participation in the ATARES program under paragraph 1 may not exceed 200 hours ‘‘ b WRITTEN ARRANGEMENT OR AGREEMENT —Participation of the Department of Defense in a program referred to in subsection a 1 shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense with the concurrence of the Secretary of State ‘‘ c IMPLEMENTATION —In carrying out any arrangement or agreement entered into under subsection b the Secretary of Defense may— H R 6395—524 ‘‘ 1 pay the equitable share of the Department of Defense for the recurring and nonrecurring costs of the applicable program referred to in subsection a 1 from funds available to the Department for operation and maintenance and ‘‘ 2 assign members of the armed forces or Department of Defense civilian personnel to fulfill Department obligations under that arrangement or agreement ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of such subchapter as amended by section 1202 is further amended by adding at the end the following new item ‘‘2350o Participation in programs relating to coordination or exchange of air refueling and air transportation services ’’ c REPEAL —Section 1276 of the National Defense Authoriza- tion Act for Fiscal Year 2013 10 U S C 2350c note is repealed SEC 1204 RECIPROCAL PATIENT MOVEMENT AGREEMENTS a IN GENERAL —Subchapter II of chapter 138 of title 10 United States Code as amended by section 1203 is further amended by adding at the end the following new section ‘‘§ 2350p Reciprocal patient movement agreements ‘‘ a AUTHORITY —Subject to the availability of appropriations the Secretary of Defense with the concurrence of the Secretary of State may enter into a bilateral or multilateral memorandum of understanding or other formal agreement with one or more governments of partner countries that provides for— ‘‘ 1 the interchangeable nonreimbursable use of patient movement personnel either individually or as members of a patient movement crew or team and equipment belonging to one partner country to perform patient movement services aboard the aircraft vessels or vehicles of another partner country ‘‘ 2 the reciprocal recognition and acceptance of — ‘‘ A national professional credentials certifications and licenses of patient movement personnel and ‘‘ B national certifications approvals and licenses of equipment used in the provision of patient movement services and ‘‘ 3 the acceptance of agreed-upon standards for the provision of patient movement services by aircraft vessel or vehicle including as determined to be beneficial and otherwise permitted by law the harmonization of patient treatment standards and procedures ‘‘ b CERTIFICATION — 1 Before entering into a memorandum of understanding or other formal agreement with the government of a partner country under this section the Secretary of Defense shall certify in writing that the professional credentials certifications licenses and approvals for patient movement personnel and patient movement equipment of the partner country— ‘‘ A meet or exceed the equivalent standards of the United States for similar personnel and equipment and ‘‘ B will provide for a level of care comparable to or better than the level of care provided by the Department of Defense ‘‘ 2 A certification under paragraph 1 shall be— ‘‘ A submitted to the appropriate committees of Congress not later than 15 days after the date on which the Secretary of Defense makes the certification and H R 6395—525 ‘‘ B reviewed and recertified by the Secretary of Defense not less frequently than annually ‘‘ c SUSPENSION —If the Secretary of Defense is unable to recertify a partner country as required by subsection b 2 B use of the personnel or equipment of the partner country by the Department of Defense under a memorandum of understanding or other formal agreement concluded pursuant to subsection a shall be suspended until the date on which the Secretary of Defense is able to recertify the partner country ‘‘ d DEFINITIONS —In this section ‘‘ 1 APPROPRIATE COMMITTEES OF CONGRESS —The term ‘appropriate committees of Congress’ means— ‘‘ A the congressional defense committees and ‘‘ B the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives ‘‘ 2 PARTNER COUNTRY —The term ‘partner country’ means any of the following ‘‘ A A member country of the North Atlantic Treaty Organization ‘‘ B Australia ‘‘ C Japan ‘‘ D New Zealand ‘‘ E The Republic of Korea ‘‘ F Any other country designated as a partner country by the Secretary of Defense with the concurrence of the Secretary of State for purposes of this section ‘‘ 3 PATIENT MOVEMENT —The term ‘patient movement’ means the act or process of moving wounded ill injured or other persons including contaminated contagious and potentially exposed patients to obtain medical surgical mental health or dental care or treatment ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of such subchapter as amended by section 1203 is further amended by adding at the end the following new item ‘‘2350p Reciprocal patient movement agreements ’’ SEC 1205 MODIFICATION TO THE INTER-EUROPEAN AIR FORCES ACADEMY Section 350 b of title 10 United States Code is amended by striking ‘‘that are’’ and all that follows through the period at the end and inserting ‘‘that are— ‘‘ 1 members of the North Atlantic Treaty Organization ‘‘ 2 signatories to the Partnership for Peace Framework Documents or ‘‘ 3 A within the United States Africa Command area of responsibility and ‘‘ B eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 22 U S C 2347 et seq ’’ SEC 1206 MODIFICATION OF AUTHORITY FOR PARTICIPATION IN MULTINATIONAL CENTERS OF EXCELLENCE a IN GENERAL —Section 344 of title 10 United States Code is amended— 1 in the section heading by striking ‘‘MULTINATIONAL MILITARY CENTERS OF EXCELLENCE’’ and inserting ‘‘MULTINATIONAL CENTERS OF EXCELLENCE’’ H R 6395—526 2 by striking ‘‘multinational military center of excellence’’ each place it appears and inserting ‘‘multinational center of excellence’’ 3 by striking ‘‘multinational military centers of excellence’’ each place it appears and inserting ‘‘multinational centers of excellence’’ 4 in subsection b 1 by inserting ‘‘or entered into by the Secretary of State ’’ after ‘‘Secretary of State ’’ 5 in subsection e — A in the subsection heading by striking ‘‘MULTINATIONAL MILITARY CENTER OF EXCELLENCE’’ and inserting ‘‘MULTINATIONAL CENTER OF EXCELLENCE’’ B by redesignating paragraphs 1 through 4 as subparagraphs A through D respectively and moving such subparagraphs two ems to the right C in the matter preceding subparagraph A as so redesignated by striking ‘‘means an entity’’ and inserting ‘‘means— ‘‘ 1 an entity’’ D in subparagraph C as so redesignated by striking ‘‘ and’’ and inserting a semicolon E in subparagraph D as so redesignated by striking the period at the end and inserting ‘‘ and’’ and F by adding at the end the following new paragraph ‘‘ 2 the European Centre of Excellence for Countering Hybrid Threats established in 2017 and located in Helsinki Finland ’’ 6 by redesignating subsection e as subsection f and 7 by inserting after subsection d the following new subsection ‘‘ e NOTIFICATION —Not later than 30 days before the date on which the Secretary of Defense authorizes participation under subsection a in a new multinational center of excellence the Secretary shall notify the congressional defense committees of such participation ’’ b CONFORMING AMENDMENT —Title 10 United States Code is amended in the table of sections at the beginning of subchapter V of chapter 16 by striking the item relating to section 344 and inserting the following ‘‘344 Participation in multinational centers of excellence ’’ SEC 1207 MODIFICATION AND EXTENSION OF SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR WARFARE a AUTHORITY —Subsection a of section 1202 of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115– 91 131 Stat 1639 is amended by striking ‘‘$10 000 000’’ and inserting ‘‘$15 000 000’’ b NOTIFICATION —Subsection d 2 of such section is amended— 1 by redesignating subparagraph E as subparagraph G 2 by inserting after subparagraph D the following ‘‘ E A description of steps taken to ensure the support is consistent with other United States national security interests including issues related to human rights ‘‘ F A description of steps taken to ensure that the recipients of the support have not engaged in human rights H R 6395—527 violations to include the conduct of periodic reviews as a means to investigate allegations of violations and processes and procedures to modify support in case of credible reports of violations ’’ and 3 in clause i of subparagraph G as redesignated to read as follows ‘‘ i An introduction of United States Armed Forces including as such term is defined in section 8 c of the War Powers Resolution 50 U S C 1547 c into hostilities or into situations where hostilities are clearly indicated by the circumstances without specific statutory authorization within the meaning of section 5 b of such Resolution 50 U S C 1544 b ’’ c CONSTRUCTION OF AUTHORITY —Subsection f 2 of such section is amended by striking ‘‘of section 5 b ’’ SEC 1208 EXTENSION OF AUTHORITY TO TRANSFER EXCESS HIGH MOBILITY MULTIPURPOSE WHEELED VEHICLES TO FOREIGN COUNTRIES Section 1276 of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115-91 131 Stat 1699 is amended— 1 in subsection b 2 — A in subparagraph A by adding at the end the following new sentence ‘‘Such description may include if applicable a description of the priority United States security or defense cooperation interest with the recipient country that is fulfilled by the waiver ’’ and B by striking subparagraph B and inserting the following ‘‘ B An explanation of the reasons for which it is in the national interest of the United States to make the transfer notwithstanding the requirements of subsection a 1 ’’ 2 by inserting after subsection b 2 the following new paragraph ‘‘ 3 DELEGATION OF AUTHORITY —The President may delegate the waiver authority provided by this subsection to the Secretary of Defense ’’ and 3 in subsection c 2 by striking ‘‘three’’ and inserting ‘‘four’’ SEC 1209 MODIFICATION AND EXTENSION OF UPDATE OF DEPARTMENT OF DEFENSE FREEDOM OF NAVIGATION REPORT a ELEMENTS —Subsection b of section 1275 of the National Defense Authorization Act for Fiscal Year 2017 Public Law 114– 328 130 Stat 2540 is amended— 1 in paragraph 1 by inserting ‘‘the number of maritime and overflight challenges to each such claim and’’ before ‘‘the country’’ 2 in paragraph 5 by inserting ‘‘have been protested by the United States but’’ before ‘‘have not been challenged’’ and 3 by adding at the end the following ‘‘ 6 A summary of each excessive maritime claim challenged jointly with international partners and allies ’’ b FORM —Subsection c of such section is amended by adding at the end before the period the following ‘‘and made publicly available’’ H R 6395—528 c SUNSET —Subsection d of such section is amended by striking ‘‘December 31 2021’’ and inserting ‘‘December 31 2025’’ SEC 1210 EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT BORDER SECURITY OPERATIONS OF CERTAIN FOREIGN COUNTRIES a FUNDS AVAILABLE FOR SUPPORT —Subsection b of section 1226 of the National Defense Authorization Act for Fiscal Year 2016 22 U S C 2151 note is amended to read as follows ‘‘ b FUNDS AVAILABLE FOR SUPPORT —Amounts to provide support under the authority of subsection a may be derived only from amounts authorized to be appropriated and available for operation and maintenance Defense-wide ’’ b EXTENSION —Subsection h of such section is amended by striking ‘‘December 31 2021’’ and inserting ‘‘December 31 2023’’ SEC 1210A EXTENSION OF DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION ACTIVITIES IN NATIONAL SECURITY INTEREST OF THE UNITED STATES Subsection h of section 1210A of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1628 is amended by striking ‘‘December 31 2020’’ and inserting ‘‘December 31 2021’’ SEC 1210B EXTENSION OF REPORT ON WORKFORCE DEVELOPMENT Section 1250 b 1 of the National Defense Authorization Act for Fiscal Year 2017 Public Law 114–328 130 Stat 2529 is amended by striking ‘‘through 2021’’ and inserting ‘‘through 2026’’ SEC 1210C PLAN TO INCREASE PARTICIPATION IN INTERNATIONAL MILITARY EDUCATION AND TRAINING PROGRAMS a IN GENERAL —Not later than one year after the date of the enactment of this Act the Secretary of State in coordination with the Secretary of Defense shall submit to the appropriate congressional committees a plan to increase the number of foreign female participants receiving training under the International Military Education and Training program authorized under chapter 5 of part II of the Foreign Assistance Act of 1961 22 U S C 2347 et seq and any other military exchange program offered to foreign participants with the goal of doubling such participation over the 10-year period beginning on the date of the enactment of this Act b INTERIM PROGRESS REPORTS —Not later than 2 years after the date of the submission of the plan required by subsection a and every 2 years thereafter until the end of the 10-year period beginning on the date of the enactment of this Act the Secretary of State in coordination with the Secretary of Defense shall submit to the appropriate congressional committees a report that includes the most recently available data on foreign female participation in activities conducted under the International Military Education and Training program and any other military exchange programs and describes the manner and extent to which the goal described in subsection a has been achieved as of the date of the submission of the report c APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committees’’ means— H R 6395—529 1 the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and 2 the Committee on Armed Services and the Committee on Foreign Relations of the Senate SEC 1210D MITIGATION AND PREVENTION OF ATROCITIES IN HIGHRISK COUNTRIES a STATEMENT OF POLICY —It is the policy of the United States that the Department of State in coordination with the Department of Defense and the United States Agency for International Development should address global fragility as required by the Global Fragility Act of 2019 and to the extent practicable incorporate efforts to identify prevent and respond to the causes of atrocities as required by section 3 of the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 22 U S C 2656 note into security assistance and cooperation planning and implementation for covered foreign countries b IN GENERAL —The Secretary of State in consultation with chiefs of mission and the Administrator of the United States Agency for International Development shall ensure that the Department of State’s Atrocity Assessment Framework is factored into the Integrated Country Strategy and the Country Development Cooperation Strategy where appropriate for covered foreign countries c REPORT — 1 IN GENERAL —Section 5 of the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 is amended— A by amending subparagraph E of subsection a 1 to read as follows ‘‘ E countries and regions at risk of atrocities including covered foreign countries and a description of specific risk factors at risk groups likely scenarios in which atrocities would occur and efforts taken by the Board or relevant Federal agencies to prevent such atrocities and’’ and B by adding at the end the following new subscection ‘‘ d COVERED FOREIGN COUNTRY DEFINED —The term ‘covered foreign country’ means a foreign country that is not listed as a priority country under section 505 of the Global Fragility Act of 2019 22 U S C 9804 but remains among the top 30 most at risk countries for new onset of mass killing according to the Department of State’s internal assessments and in consultation with the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Armed Services of the Senate ’’ 2 EFFECTIVE DATE —The amendment made by paragraph 1 shall take effect and apply beginning with the first report required under section 5 of the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 that is required after the date of the enactment of this Act d STAKEHOLDER CONSULTATION —Consistent with section 504 b of the Global Fragility Act of 2019 22 U S C 9803 b the Secretary of State and other relevant agencies should consult with credible representatives of civil society with experience in atrocities prevention and national and local governance entities as well as relevant international development organizations with H R 6395—530 experience implementing programs in fragile and violence-affected communities multilateral organizations and donors and relevant private academic and philanthropic entities as appropriate in identifying covered foreign countries as defined in this section e DEFINITIONS —In this section 1 APPROPRIATE CONGRESSIONAL COMMITTEES —The term ‘‘appropriate congressional committees’’ means— A the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives and B the Committee on Foreign Relations and the Committee on Armed Services of the Senate 2 COVERED FOREIGN COUNTRY —The term ‘‘covered foreign country’’ means a foreign country that is not listed as a priority country under section 505 of the Global Fragility Act of 2019 22 U S C 9804 but remains among the top 30 most at risk countries for new onset of mass killing according to the Department of State’s internal assessments and in consultation with the appropriate congressional committees SEC 1210E IMPLEMENTATION OF THE WOMEN PEACE AND SECURITY ACT OF 2017 a IN GENERAL —During the period beginning on the date of the enactment of this Act and ending on September 30 2025 the Secretary of Defense shall undertake activities consistent with the Women Peace and Security Act of 2017 Public Law 115– 68 131 Stat 1202 and with the guidance specified in this section including— 1 implementation of the Department of Defense plan entitled ‘‘Women Peace and Security Strategic Framework and Implementation Plan’’ published in June 2020 or any successor plan 2 establishing Department of Defense-wide policies and programs that advance the implementation of the Act including military doctrine and Department-specific and combatant command-specific programs 3 ensuring the Department has sufficient qualified personnel to advance implementation of that Act including by hiring and training full-time equivalent personnel as necessary and establishing roles responsibilities and requirements for such personnel 4 as appropriate the deliberate integration of relevant training curriculum for members of the Armed Forces across all ranks and 5 security cooperation activities that further the implementation of that Act b BUILDING PARTNER DEFENSE INSTITUTION AND SECURITY FORCE CAPACITY — 1 INCORPORATION OF GENDER ANALYSIS AND PARTICIPATION OF WOMEN INTO SECURITY COOPERATION ACTIVITIES —Consistent with the Women Peace and Security Act of 2017 Public Law 115–68 131 Stat 1202 the Secretary of Defense in coordination with the Secretary of State shall incorporate participation by women and the analysis described in the Women’s Entrepreneurship and Economic Empowerment Act of 2018 Public Law 115–428 132 Stat 5509 into the institutional H R 6395—531 and national security force capacity-building activities of security cooperation programs carried out under title 10 United States Code including as appropriate by— A incorporating gender analysis and women peace and security priorities into educational and training materials and programs authorized by section 333 of title 10 United States Code B advising on the recruitment employment development retention and promotion of women in such national security forces including by— i identifying existing military career opportunities for women ii exposing women and girls to careers available in such national security forces and the skills necessary for such careers and iii encouraging women’s and girls’ interest in such careers by highlighting as role models women of the United States and applicable foreign countries in uniform C addressing sexual harassment and abuse against women within such national security forces D integrating gender analysis into security sector policy planning and training for such national security forces and E improving infrastructure to address the requirements of women serving in such national security forces including appropriate equipment for female security and police forces 2 BARRIERS AND OPPORTUNITIES —Partner country assessments conducted in the course of Department security cooperation activities to build the capacity of the national security forces of foreign countries shall include attention to the barriers and opportunities with respect to strengthening recruitment employment development retention and promotion of women in the military forces of such partner countries c DEPARTMENT-WIDE POLICIES ON WOMEN PEACE AND SECURITY —Not later than 90 days after the date of the enactment of this Act the Secretary of Defense shall initiate a process to establish standardized policies described in subsection a 2 d FUNDING —The Secretary of Defense may use funds authorized to be appropriated in each fiscal year to the Department of Defense for operation and maintenance as specified in the table in section 4301 for carrying out the full implementation of the Women Peace and Security Act of 2017 Public Law 115–68 131 Stat 1202 and the guidance on the matters described in paragraphs 1 through 5 of subsection a and subparagraphs A through E of subsection b 1 e ANNUAL REPORT —Not later than one year after the date of the enactment of this Act and annually thereafter through 2025 the Secretary of Defense shall submit to the appropriate committees of Congress a report on the steps the Department has taken to implement the Women Peace and Security Act of 2017 including— 1 implementation of defense lines of effort outlined in the June 2020 Department of Defense ‘‘Women Peace and Security Strategic Framework and Implementation Plan’’ and described in paragraphs 1 through 5 of subsection a and H R 6395—532 subparagraphs A through E of subsection b 1 as appropriate and 2 an enumeration of the funds used in such implementation and an identification of funding shortfalls if any that may inhibit implementation f APPROPRIATE COMMITTEES OF CONGRESS DEFINED —In this section the term ‘‘appropriate committees of Congress’’ means— 1 the Committee on Armed Services and the Committee on Foreign Relations of the Senate and 2 the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives Subtitle B—Matters Relating to Afghanistan and Pakistan SEC 1211 EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS a EXTENSION —Subsection a of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 Public Law 110– 181 122 Stat 393 is amended by striking ‘‘beginning on October 1 2019 and ending on December 31 2020’’ and inserting ‘‘beginning on October 1 2020 and ending on December 31 2021’’ b MODIFICATION TO LIMITATION —Subsection d 1 of such section is amended— 1 by striking ‘‘beginning on October 1 2019 and ending on December 31 2020’’ and inserting ‘‘beginning on October 1 2020 and ending on December 31 2021’’ and 2 by striking ‘‘$450 000 000’’ and inserting ‘‘$180 000 000’’ SEC 1212 EXTENSION OF THE AFGHAN SPECIAL IMMIGRANT VISA PROGRAM a IN GENERAL —Section 602 b 3 F of the Afghan Allies Protection Act of 2009 8 U S C 1101 note is amended— 1 in the heading by striking ‘‘2020’’ and inserting ‘‘2021’’ 2 in the matter preceding clause i by striking ‘‘22 500’’ and inserting ‘‘22 620’’ 3 in clause i by striking ‘‘December 31 2021’’ and inserting ‘‘December 31 2022’’ and 4 in clause ii the striking ‘‘December 31 2021’’ inserting ‘‘December 31 2022’’ b REPORT EXTENSION —Section 602 b 13 of such Act 8 U S C 1101 note is amended by striking ‘‘January 31 2021’’ and inserting ‘‘January 31 2023’’ SEC 1213 EXTENSION AND MODIFICATION OF SUPPORT FOR RECONCILIATION ACTIVITIES LED BY THE GOVERNMENT OF AFGHANISTAN a MODIFICATION OF PORT —Subsection a of AUTHORITY TO PROVIDE COVERED SUPsection 1218 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 132 Stat 1633 is amended— 1 by striking the subsection designation and heading and all that follows through ‘‘The Secretary of Defense’’ and inserting the following H R 6395—533 ‘‘ a AUTHORITY TO PROVIDE COVERED SUPPORT — ‘‘ 1 IN GENERAL —Subject to paragraph 2 the Secretary of Defense’’ and 2 by adding at the end the following new paragraph ‘‘ 2 LIMITATION ON USE OF FUNDS —Amounts authorized to be appropriated or otherwise made available for the Department of Defense by this Act may not be obligated or expended to provide covered support until the date on which the Secretary of Defense submits to the appropriate committees of Congress the report required by subsection b ’’ b PARTICIPATION IN RECONCILIATION ACTIVITIES —Such section is further amended— 1 by redesignating subsections i through k as subsections j through l respectively 2 by inserting after subsection h the following new subsection i ‘‘ i PARTICIPATION IN RECONCILIATION ACTIVITIES —Covered support may only be used to support a reconciliation activity that— ‘‘ 1 includes the participation of members of the Government of Afghanistan and ‘‘ 2 does not restrict the participation of women ’’ c EXTENSION —Subsection k of such section as so redesignated is amended by striking ‘‘December 31 2020’’ and inserting ‘‘December 31 2021’’ d EXCLUSIONS FROM COVERED SUPPORT —Such section is further amended in paragraph 2 B of subsection l as so redesignated— 1 in clause ii by inserting ‘‘ reimbursement for travel or lodging and stipends or per diem payments’’ before the period at the end and 2 by adding at the end the following new clause ‘‘ iii Any activity involving one or more members of an organization designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act 8 U S C 1189 or an individual designated as a specially designated global terrorist pursuant to Executive Order 13224 50 U S C 1701 note relating to blocking property and prohibiting transactions with persons who commit threaten to commit or support terrorism ’’ SEC 1214 EXTENSION AND MODIFICATION OF COMMANDERS’ EMERGENCY RESPONSE PROGRAM Section 1201 of the National Defense Authorization Act for Fiscal Year 2012 Public Law 112–81 125 Stat 1619 is amended— 1 in subsection a — A by striking ‘‘December 31 2020’’ and inserting ‘‘December 31 2021’’ and B by striking ‘‘$2 500 000’’ and inserting ‘‘$2 000 000’’ 2 in subsection b by striking the subsection designation and heading and all that follows through the period at the end of paragraph 1 and inserting the following ‘‘ b QUARTERLY REPORTS — ‘‘ 1 IN GENERAL —Beginning in fiscal year 2021 not later than 45 days after the end of each quarter fiscal year the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the H R 6395—534 allocation and use of funds during that quarter fiscal year that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes of the program under subsection a ’’ and 3 in subsection f by striking ‘‘December 31 2020’’ and inserting ‘‘December 31 2021’’ SEC 1215 LIMITATION ON USE OF FUNDS TO REDUCE DEPLOYMENT TO AFGHANISTAN a LIMITATION —Until the date on which the Secretary of Defense in consultation with the Secretary of State and the Director of National Intelligence submits to the appropriate congressional committees the report described in subsection b none of the amounts authorized to be appropriated for fiscal year 2020 or 2021 for the Department of Defense may be obligated or expended for any activity having either of the following effects 1 Reducing the total number of Armed Forces deployed to Afghanistan below the lesser of— A 4 000 or B the total number of the Armed Forces deployed as of the date of the enactment of this Act 2 Reducing the total number of Armed Forces deployed to Afghanistan below 2 000 b REPORT —The report described in this subsection shall include each of the following 1 An assessment of the effect that such a reduction would have on— A the ongoing United States counterterrorism mission against the Islamic State al-Qaeda and associated forces B the risk to United States personnel in Afghanistan C the risk for the expansion of existing or formation of new international terrorist safe havens inside Afghanistan D the role of United States allies and partners supporting the United States- and North Atlantic Treaty Organization-led missions including international financial support the Afghan National Defense and Security Forces require in order to maintain operational capabilities and combat effectiveness E United States national security and United States policy toward achieving an enduring diplomatic solution in Afghanistan F the threat posed by the Taliban and other terrorist organizations in Afghanistan to United States national security interests and to those of United States allies and partners G the capacity of the Afghan National Defense and Security Forces to effectively— i prevent or defend against attacks by the Taliban or other terrorist organizations on civilian populations ii conduct counterterrorism operations necessary to deny safe harbor to terrorist organizations that the intelligence community assesses pose a threat to the United States and United States interests iii sustain equipment personnel and capabilities and iv protect the sovereignty of Afghanistan H R 6395—535 H the influence of Afghanistan’s neighbors and near neighbors on the sovereignty of Afghanistan and the strategic national security interests of the United States in the region 2 A plan for the orderly transition of all security-related tasks currently undertaken by the Armed Forces of the United States and nations contributing troops to the Resolute Support Mission in support of the Afghan National Defense and Security Forces to the Government of Afghanistan 3 An update on the status of any United States citizens detained in Afghanistan and an overview of Administration efforts to secure their release 4 An assessment by the intelligence community of the manner and extent to which state actors have provided any incentives to the Taliban their affiliates or other foreign terrorist organizations for attacks against United States coalition or Afghan security forces or civilians in Afghanistan in the last 2 years including the details of any attacks believed to have been connected with such incentives 5 Any other matter the Secretary of Defense determines appropriate c FORM —The report described in subsection b shall be submitted in unclassified form without any designation relating to dissemination control but may contain a classified annex d WAIVER —The President may waive the limitation under subsection a if the President submits to the appropriate congressional committees— 1 a written determination that the waiver is important to the national security interests of the United States and 2 a detailed explanation of how the waiver furthers those interests e APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —The term ‘‘appropriate congressional committees’’ means— 1 the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate 2 the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate and 3 the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate SEC 1216 MODIFICATIONS TO IMMUNITY FROM SEIZURE UNDER JUDICIAL PROCESS OF CULTURAL OBJECTS a IN GENERAL —The Act of October 19 1965 entitled ‘‘An Act to render immune from seizure under judicial process certain objects of cultural significance imported into the United States for temporary display or exhibition and for other purposes’’ 22 U S C 2459 79 Stat 985 is amended— 1 in subsection a — A by striking ‘‘the temporary exhibition or display thereof’’ each place it appears and inserting ‘‘temporary storage conservation scientific research exhibition or display’’ H R 6395—536 B by striking ‘‘cultural or educational institutions’’ and inserting ‘‘cultural educational or religious institutions with the capacity to appropriately curate such object’’ and C by striking ‘‘any such cultural or educational institution’’ and inserting ‘‘any such cultural educational or religious institution with the capacity to appropriately curate such object’’ and 2 by adding at the end the following ‘‘ d For purposes of this section the terms ‘imported’ and ‘importation’ include a transfer from a mission of a foreign country located within the United States to a cultural educational or religious institution located within the United States ’’ b AFGHANISTAN — 1 IN GENERAL —A work of art or other object of cultural significance that is imported into the United States for temporary storage conservation scientific research exhibition or display shall be deemed to be immune from seizure under such Act of October 19 1965 22 U S C 2459 as amended by subsection a and the provisions of such Act shall apply in the same manner and to the same extent to such work or object if— A the work or object is exported from Afghanistan with an export permit or license duly issued by the Government of Afghanistan and B i an agreement is entered into between the Government of Afghanistan and the cultural educational or religious institution with the capacity to appropriately curate such object within the United States that specifies the conditions for such material to be returned to Afghanistan or ii the work or object is transferred to a cultural educational or religious institution with the capacity to appropriately curate such object in the United States in accordance with an agreement described in clause i that also includes an authorization to transfer such work or object to other such institutions in the United States SEC 1217 CONGRESSIONAL OVERSIGHT OF UNITED STATES TALKS WITH TALIBAN OFFICIALS AND AFGHANISTAN’S COMPREHENSIVE PEACE PROCESS a DEFINITIONS —In this section 1 APPROPRIATE CONGRESSIONAL COMMITTEES —The term ‘‘appropriate congressional committees’’ means— A the Committee on Foreign Relations the Committee on Armed Services and the Select Committee on Intelligence of the Senate and B the Committee on Foreign Affairs the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives 2 GOVERNMENT OF AFGHANISTAN —The term ‘‘Government of Afghanistan’’ means the Government of the Islamic Republic of Afghanistan and its agencies instrumentalities and controlled entities 3 THE TALIBAN —The term ‘‘the Taliban’’— A refers to the organization that refers to itself as the ‘‘Islamic Emirate of Afghanistan’’ that was founded H R 6395—537 by Mohammed Omar and that is currently led by Mawlawi Hibatullah Akhundzada and B includes subordinate organizations such as the Haqqani Network and any successor organization 4 FEBRUARY 29 AGREEMENT —The term ‘‘February 29 Agreement’’ refers to the political arrangement between the United States and the Taliban titled ‘‘Agreement for Bringing Peace to Afghanistan Between the Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban and the United States of America’’ signed at Doha Qatar on February 29 2020 b OVERSIGHT OF PEACE PROCESS AND OTHER AGREEMENTS — 1 TRANSMISSION TO CONGRESS OF MATERIALS RELEVANT TO THE FEBRUARY 29 AGREEMENT —Not later than January 10 2021 the Secretary of State in consultation with the Secretary of Defense shall certify to the appropriate congressional committees that all materials relevant to the February 29 Agreement have been submitted to such committees If the Secretary of State cannot so certify because materials relevant to the February 29 Agreement have not been submitted the Secretary of State in consultation with the Secretary of Defense shall submit such materials not later than January 15 2021 2 SUBMISSION TO CONGRESS OF ANY SUBSEQUENT AGREEMENTS INVOLVING THE TALIBAN —The Secretary of State shall submit to the appropriate congressional committees within 5 days of conclusion and on an ongoing basis thereafter any agreement or arrangement subsequent to the February 29 Agreement involving the Taliban as well as materials relevant to any subsequent agreement or arrangement involving the Taliban 3 DEFINITIONS —In this subsection the terms ‘‘materials relevant to the February 29 Agreement’’ and ‘‘materials relevant to any subsequent agreement or arrangement’’ include all annexes appendices and instruments for implementation of the February 29 Agreement or a subsequent agreement or arrangement as well as any understandings or expectations related to the February 29 Agreement or a subsequent agreement or arrangement c REPORT ON VERIFICATION AND COMPLIANCE — 1 IN GENERAL —Not later than 90 days after the date of the enactment of this Act and not less frequently than once every 120 days thereafter the President shall submit to the appropriate congressional committees a report verifying whether the key tenets of the February 29 Agreement or subsequent agreements or arrangements and accompanying instruments for implementation are being upheld 2 ELEMENTS —Each report required by paragraph 1 shall include the following A An assessment of each of the following i The Taliban’s compliance with the February 29 Agreement including counterterrorism guarantees and guarantees to deny safe haven and freedom of movement to al-Qaeda and other terrorist threats from operating on territory under its influence H R 6395—538 ii Whether the United States intelligence community has collected intelligence indicating the Taliban does not intend to uphold its commitments iii The current relationship between the Taliban and al-Qaeda including an assessment of the relationship between the Haqqani Network and al-Qaeda iv The relationship between the Taliban and any other terrorist group that is assessed to threaten the security of the United States or its allies including any change in conduct since February 29 2020 v The status of intra-Afghan discussions including in the event an intra-Afghan governing agreement is achieved an assessment of the sustainability of such agreement vi The status of human rights including the rights of women minorities and youth vii The access of women minorities and youth to education justice and economic opportunities in Afghanistan viii The status of the rule of law and governance structures at the central provincial and district levels of government ix The media and the press and civil society’s operating space in Afghanistan x Illicit narcotics production in Afghanistan its linkages to terrorism corruption and instability and policies to counter illicit narcotics flows xi Any efforts by Iran China Russia or any other external actor to affect the February 29 Agreement xii The efforts of the Government of Afghanistan to fulfill the commitments under the Joint Declaration between the Islamic Republic of Afghanistan and the United States of America for Bringing Peace to Afghanistan issued on February 29 2020 xiii The progress made by the Afghanistan Ministry of Interior and the Office of the Attorney General to address gross violations of human rights by civilian security forces the Taliban and nongovernment armed groups including— I an analysis of resources provided by the Government of Afghanistan for such efforts and II a summary of assistance provided by the United States Government to support such efforts B The number of Taliban and Afghan prisoners and any plans for the release of such prisoners from either side C A detailed overview of Afghan national-level efforts to promote transitional justice including forensic efforts and documentation of war crimes mass killings or crimes against humanity redress to victims and reconciliation activities D A detailed overview of United States support for Government of Afghanistan and civil society efforts to promote peace and justice at the local level and the manner in which such efforts inform government-level policies and negotiations H R 6395—539 3 FORM —Each report required by paragraph 1 shall be submitted in unclassified form but may include a classified annex d RULE OF CONSTRUCTION —Nothing in this section shall prejudice whether a subsequent agreement or arrangement involving the Taliban constitutes a treaty for purposes of Article II of the Constitution of the United States e SUNSET —Except for subsections b and d the provisions of this section shall cease to be effective on the date that is 5 years after the date of the enactment of this Act SEC 1218 STRATEGY FOR POST-CONFLICT ENGAGEMENT ON HUMAN RIGHTS IN AFGHANISTAN a IN GENERAL —The Secretary of State in consultation with the Administrator of the United States Agency for International Development and other relevant Federal departments and agencies shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate not later than 120 days after a final Afghan Reconciliation Agreement is reached between the Government of Afghanistan and the Taliban a strategy to support the protection and promotion of basic human rights in Afghanistan especially the human rights of women and girls b REQUIRED ELEMENTS —The Secretary of State shall seek to ensure that activities carried out under the strategy— 1 employ rigorous monitoring and evaluation methodologies including ex-post evaluation and gender analysis as defined by the Women’s Entrepreneurship and Economic Empowerment Act of 2018 Public Law 115–428 and required by the U S Strategy on Women Peace and Security 2 disaggregate all data collected and reported by age gender marital and motherhood status disability and urbanity to the extent practicable and appropriate and 3 advance the principles and objectives specified in the Policy Guidance on Promoting Gender Equality of the Department of State and the Gender Equality and Female Empowerment Policy of the United States Agency for International Development SEC 1219 MODIFICATION TO REPORT ON ENHANCING SECURITY AND STABILITY IN AFGHANISTAN Section 1225 b of the Carl Levin and Howard P ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 Public Law 113–291 128 Stat 3550 is amended by adding at the end the following ‘‘ 10 CIVILIAN CASUALTIES — ‘‘ A An analysis of civilian casualties caused by— ‘‘ i the Afghan National Defense and Security Forces and ‘‘ ii the Taliban and other terrorist organizations in Afghanistan ‘‘ B A description of current training and advisory efforts to improve the Government of Afghanistan’s capability to minimize civilian casualties and other harm to civilians and civilian infrastructure in compliance with the laws of armed conflict to include its principles of military necessity proportionality and distinction and any gaps H R 6395—540 or weaknesses in Afghanistan’s capability to minimize civilian casualties and other such harm ‘‘ C An assessment of the progress of implementation of the Government of Afghanistan’s National Civilian Casualty and Mitigation and Prevention Policy ‘‘ D An assessment of the Government of Afghanistan’s capacity and mechanisms to assess and investigate reports of civilian casualties ‘‘ 11 DISTRICT-LEVEL STABILITY ASSESSMENT — ‘‘ A IN GENERAL —The production of a district-level stability assessment that displays the level of Government of Afghanistan versus insurgent control and influence of districts that the Department of Defense discontinued in 2018 to include district population and territorial control data ‘‘ B PUBLIC AVAILABILITY —The Secretary of Defense shall make publicly available the assessments and data relating to the assessments described in subparagraph A ‘‘ 12 OTHER MATTERS —Any other matters the Secretary of Defense determines to be relevant ’’ SEC 1220 REPORT ON OPERATION FREEDOM’S SENTINEL a FISCAL YEAR 2021 —Not later than 90 days after the date of the enactment of this Act the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on Operation Freedom’s Sentinel for fiscal year 2021 b FISCAL YEARS 2022 AND 2023 —To accompany the materials relating to Operation Freedom’s Sentinel submitted to Congress by the Secretary of Defense in support of the budget of the President as submitted to Congress pursuant to section 1105 of title 31 United States Code for fiscal year 2022 and fiscal year 2023 the Secretary shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on Operation Freedom’s Sentinel c MATTERS TO BE INCLUDED —The report required by subsection a and each report required by subsection b shall include a list and description of activities exercises and funding amounts carried out under the operation including— 1 specific direct war costs 2 activities that occur in Afghanistan 3 activities that occur outside of Afghanistan including training and costs relating to personnel 4 activities that are funded by any of the services that are part of the operation’s budget request 5 activities related to transportation logistics and other support and 6 any other matters the Secretary determines to be relevant H R 6395—541 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 a IN GENERAL —Subsection a of section 1236 of the Carl Levin and Howard P ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 Public Law 113–291 128 Stat 3558 is amended by striking ‘‘December 31 2020’’ and inserting ‘‘December 31 2021’’ b FUNDING —Subsection g of such section is amended— 1 by striking ‘‘fiscal year 2020’’ and inserting ‘‘fiscal year 2021’’ and 2 by striking ‘‘$645 000 000’’ and inserting ‘‘$322 500 000’’ c WAIVER AUTHORITY SCOPE —Subsection j 3 of such section is amended— 1 by striking ‘‘congressional defense committees’’ each place it appears and inserting ‘‘appropriate congressional committees’’ and 2 by adding at the end the following ‘‘ C APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this paragraph the term ‘appropriate congressional committees’ means— ‘‘ i the Committee on Armed Services the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and ‘‘ ii the Committee on Armed Services the Committee on Foreign Relations and the Committee on Appropriations of the Senate ’’ d REPORT AND BUDGET DETAILS REGARDING OPERATION INHERENT RESOLVE — 1 REPORT REQUIRED —At the same time as the submission of the budget of the President as submitted to Congress pursuant to section 1105 of title 31 United States Code for fiscal year 2022 and each fiscal year thereafter the Secretary of Defense shall submit a report with accompanying budgetary details regarding Operation Inherent Resolve 2 ELEMENTS OF REPORT —At a minimum the report required by paragraph 1 shall include— A i for the first report a history of the operation and its objectives and ii for each subsequent report a description of the operation and its objectives during the prior fiscal year B a detailed description of the weapons and equipment purchased using the Counter-ISIS Train and Equip Fund in the prior fiscal year C a list and description of activities and exercises carried out under the operation during the prior fiscal year D a description of the purpose and goals of such activities and exercises and an assessment of the degree to which stated goals were achieved during the prior fiscal year H R 6395—542 E a description of criteria used to judge the effectiveness of joint exercises and other efforts to build partner capacity under the operation during the prior fiscal year F a description of the forces deployed under the operation their deployment locations and activities undertaken G the information required under paragraph 3 and H any other matters the Secretary determines appropriate 3 ELEMENTS OF BUDGETARY DETAILS —At a minimum the budgetary details accompanying the report required by paragraph 1 — A shall include— i a description of expenditures related to the operation for the fiscal year preceding the fiscal year of the budget covered by the report ii with respect to the amount requested for the operation in the budget covered by the report— I any significant change in methodology used to determine the budgetary details included in the report and the categories used to organize such details and II a narrative justification for any significant changes in the amount requested as compared to the amount requested and the amount expended for the fiscal year preceding the fiscal year of the budget covered by the report and iii with respect to the estimated direct and indirect expenditures for the operation in the budget covered by the report— I detailed information on the estimated direct expenditures and indirect expenditures broken down by category including with respect to operations force protection in-theater support equipment reset and readiness military construction mobilization incremental and total deployment costs and exercises and any additional accounts and categories the Secretary determines to be relevant and II a description of the methodology and metrics used by the Secretary to define the contribution of indirect costs to the operation or an explanation of pro-rated amounts based on the level of support provided to the operation and B may include a breakdown of expenditures and the amount requested for the operation in the budget covered by the report by line item including with respect to procurement accounts military personnel accounts operation and maintenance accounts research development test and evaluation accounts and military construction accounts 4 FORM —The report and accompanying budget details required by paragraph 1 shall be submitted in unclassified form but may include a classified annex 5 SUNSET —The requirements of this subsection shall terminate on the date on which Operation Inherent Resolve or a successor operation concludes H R 6395—543 6 DEFINITIONS —In this subsection A The term ‘‘direct expenditures’’ means with respect to amounts expended or estimated to be expended for Operation Inherent Resolve amounts used directly for supporting counter-ISIS activities and missions B The term ‘‘indirect expenditures’’ means with respect to amounts expended or estimated to be expended for Operation Inherent Resolve amounts used for programs or activities that the Secretary of Defense determines enable the Armed Forces to carry out the operation SEC 1222 EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS a IN GENERAL —Section 1209 of the Carl Levin and Howard P ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 Public Law 113–291 128 Stat 3451 is amended— 1 in the section heading by striking ‘‘THE VETTED SYRIAN OPPOSITION’’ and inserting ‘‘VETTED SYRIAN GROUPS AND INDIVIDUALS’’ and 2 in subsection a by striking ‘‘December 31 2020’’ and inserting ‘‘December 31 2021’’ b NOTICE BEFORE PROVISION OF ASSISTANCE —Subsection b 2 A of such section is amended— 1 by striking ‘‘10-percent’’ and inserting ‘‘25-percent’’ and 2 by striking ‘‘fiscal year 2019 or fiscal year 2020’’ and inserting ‘‘fiscal year 2019 fiscal year 2020 or fiscal year 2021’’ c CERTIFICATION —Not later than 30 days after the date of the enactment of this Act the Secretary of Defense shall certify to the congressional defense committees the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that no United States military forces are being used or have been used for the extraction transport transfer or sale of oil from Syria SEC 1223 EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY COOPERATION IN IRAQ a LIMITATION ON AMOUNT —Subsection c of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 10 U S C 113 note is amended— 1 by striking ‘‘fiscal year 2020’’ and inserting ‘‘fiscal year 2021’’ and 2 by striking ‘‘$30 000 000’’ and inserting ‘‘$25 000 000’’ b SOURCE OF FUNDS —Subsection d of such section is amended by striking ‘‘fiscal year 2020’’ and inserting ‘‘fiscal year 2021’’ c LIMITATION ON AVAILABILITY OF FUNDS —Subsection h of such section is amended to read as follows ‘‘ h LIMITATION ON AVAILABILITY OF FUNDS —Of the amount made available for fiscal year 2021 to carry out this section not more than $15 000 000 may be obligated or expended for the Office of Security Cooperation in Iraq until the date on which the Secretary of Defense provides to the congressional defense committees the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate the following H R 6395—544 ‘‘ 1 A staffing plan to reorganize the Office in a manner similar to that of other security cooperation offices in the region that— ‘‘ A emphasizes the placement of personnel with regional or security cooperation expertise in key leadership positions ‘‘ B closes duplicative or extraneous sections ‘‘ C includes the number and type of validated billets funded by the Department of Defense necessary to support the Office and ‘‘ D outlines the process and provides a timeline for validating billets funded by the Department of State necessary to support the Office ‘‘ 2 A progress report with respect to the initiation of bilateral engagement with the Government of Iraq with the objective of establishing a joint mechanism for security assistance planning including a five-year security assistance roadmap for developing sustainable military capacity and capabilities and enabling defense institution building and reform ‘‘ 3 A plan to transition the preponderance of funding for the activities of the Office from current sources to the Foreign Military Financing Administrative Fund and the Foreign Military Sales Trust Fund Administrative Surcharge Account in future years ’’ SEC 1224 PROHIBITION ON PROVISION OF WEAPONS AND OTHER FORMS OF SUPPORT TO CERTAIN ORGANIZATIONS None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2021 may be used to knowingly provide weapons or any other form of support to Al Qaeda the Islamic State of Iraq and Syria ISIS Jabhat Fateh al Sham Hamas Hizballah Palestine Islamic Jihad al-Shabaab Islamic Revolutionary Guard Corps or any individual or group affiliated with any such organization SEC 1225 REPORT AND BUDGET DETAILS REGARDING OPERATION SPARTAN SHIELD a REPORT REQUIRED —At the same time as the submission of the budget of the President as submitted to Congress pursuant to section 1105 of title 31 United States Code for fiscal year 2022 and each fiscal year thereafter the Secretary of Defense shall submit a report with accompanying budgetary details regarding Operation Spartan Shield b ELEMENTS OF REPORT —At a minimum the report required by subsection a shall include— 1 A for the first report a history of the operation and its objectives and B for each subsequent report a description of the operation and its objectives during the prior fiscal year 2 a list and description of activities and exercises carried out under the operation during the prior fiscal year 3 a description of the purpose and goals of such activities and exercises and an assessment of the degree to which stated goals were achieved during the prior fiscal year H R 6395—545 4 a description of criteria used to judge the effectiveness of joint exercises and other efforts to build partner capacity under the operation during the prior fiscal year 5 a description of the forces deployed under the operation their deployment locations and activities undertaken 6 the information required under subsection c and 7 any other matters the Secretary determines appropriate c ELEMENTS OF BUDGETARY DETAILS —At a minimum the budgetary details accompanying the report required by subsection a — 1 shall include— A a description of expenditures related to the operation for the fiscal year preceding the fiscal year of the budget covered by the report B with respect to the amount requested for the operation in the budget covered by the report— i any significant change in methodology used to determine the budgetary details included in the report and the categories used to organize such details and ii a narrative justification for any significant changes in the amount requested as compared to the amount requested and the amount expended for the fiscal year preceding the fiscal year of the budget covered by the report and C with respect to the estimated direct and indirect expenditures for the operation in the budget covered by the report— i detailed information on the estimated direct expenditures and indirect expenditures broken down by category including with respect to operations force protection in-theater support equipment reset and readiness military construction mobilization incremental and total deployment costs and exercises and any additional accounts and categories the Secretary determines to be relevant and ii a description of the methodology and metrics used by the Secretary to define the contribution of indirect costs to the operation or an explanation of pro-rated amounts based on the level of support provided to the operation and 2 may include a breakdown of expenditures and the amount requested for the operation in the budget covered by the report by line item including with respect to procurement accounts military personnel accounts operation and maintenance accounts research development test and evaluation accounts and military construction accounts d FORM —The report and accompanying budget details required by subsection a shall be submitted in unclassified form but may include a classified annex e SUNSET —The requirements of this section shall terminate on the date on which Operation Spartan Shield or a successor operation concludes f DEFINITIONS —In this section 1 The term ‘‘direct expenditures’’ means with respect to amounts expended or estimated to be expended for Operation Spartan Shield amounts used directly for supporting deterrence activities and missions H R 6395—546 2 The term ‘‘indirect expenditures’’ means with respect to amounts expended or estimated to be expended for Operation Spartan Shield amounts used for programs or activities that the Secretary of Defense determines enable the Armed Forces to carry out the operation Subtitle D—Matters Relating to Russia SEC 1231 EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE UNITED STATES AND THE RUSSIAN FEDERATION Section 1232 a of the National Defense Authorization Act for Fiscal Year 2017 Public Law 114–328 130 Stat 2488 is amended by striking ‘‘ 2019 or 2020’’ and inserting ‘‘2019 2020 or 2021’’ SEC 1232 MATTERS RELATING TO UNITED STATES PARTICIPATION IN THE OPEN SKIES TREATY a SENSE OF CONGRESS —It is the sense of Congress that— 1 the decision of the United States to withdraw from the Open Skies Treaty while taken in accordance with paragraph 2 of Article XV of the Treaty did not comply with the requirement in section 1234 a of the National Defense Authorization Act for Fiscal Year 2020 133 Stat 1648 22 U S C 2593a note to notify Congress not fewer than 120 days prior to any such announcement and 2 in the future confidence and security building measures that are designed to reduce the risk of conflict increase trust among participating states and contribute to military transparency should continue to play a central role in United States’ engagement with Europe and its efforts to promote transatlantic security b NOTIFICATION REQUIRED — 1 IN GENERAL —Not later than 90 days after withdrawal of the United States from the Open Skies Treaty pursuant to Article XV of the Treaty the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees— A a notification and description of any agreements that the United States has concluded with other state parties to the Treaty that host United States military forces and assets to ensure that after such withdrawal the United States will be provided sufficient notice by such state parties of requests for observation flights over the territories of such state parties under the Treaty or B if the United States has not concluded any such agreements described in subparagraph A a description of how the United States will consistently and reliably be provided with sufficient warning of observation flights described in subparagraph A by other means including a description of assets and personnel and policy implications of using such other means 2 SUBMISSION OF AGREEMENTS —Not later than 90 days after withdrawal of the United States from the Open Skies Treaty pursuant to Article XV of the Treaty the Secretary of Defense and the Secretary of State shall jointly submit H R 6395—547 to the appropriate congressional committees copies of the agreements described in paragraph 1 A c REPORT — 1 IN GENERAL —Not later than March 1 2021 the Secretary of Defense and the Secretary of State in coordination with the Director of National Intelligence and the Under Secretary of Defense for Intelligence and Security shall jointly submit to the appropriate congressional committees a report on the effects of a withdrawal of the United States from the Open Skies Treaty 2 MATTERS TO BE INCLUDED —The report required by paragraph 1 shall include the following A A description of how the United States will replace the military-to-military contacts and diplomatic engagement opportunities with United States allies provided by the Treaty B A description of— i the options available to the United States for obtaining unclassified publicly-releasable imagery similar to that which it currently receives under the Treaty and if any of those options are planned to be used ii if national technical means are used as a replacement to obtain such imagery— I how the requirements previously satisfied by collection under the Treaty will be prioritized within the National Intelligence Priorities Framework II options for mitigating any gaps in collection should such mitigation be necessary and if any of those options are planned to be used and if none are necessary an explanation of the rationale for not mitigating any such gaps and III requirements and timelines for declassification of imagery for public release and iii if commercial imagery is used as a replacement to obtain such imagery— I contractual actions and associated timelines needed to purchase such imagery II estimated costs to purchase commercial imagery equivalent to that which is obtained under the Treaty and III estimates of costs to share such imagery with other state parties to the Treaty C A description of options available to the United States for replacing intelligence information other than imagery obtained pursuant to the implementation of the Treaty and if any of those options are planned to be used D A description of the options available to the United States for continuing dialogue with Russia in a manner similar to the formal communications mechanisms provided for under the Treaty or that were used as confidencebuilding measures and if any of those options are planned to be used E All unedited responses to the questionnaire provided to United States allies by the United States in 2019 H R 6395—548 and all official statements provided to the United States by United States allies in 2019 or 2020 relating to United States withdrawal from the Treaty F An assessment of the impact of such withdrawal on— i United States leadership in the North Atlantic Treaty Organization NATO and ii cohesion and cooperation among NATO member states G A description of options to continue confidencebuilding measures similar to those provided for under the Treaty with other state parties to the Treaty that are United States allies and which if any the United States may consider pursuing H An assessment by the Defense Intelligence Agency of the impact of such withdrawal on— i its ability to assess Russian military capabilities and the balance of forces in Europe and ii the ability of Russia to assess United States military capabilities in the United States and in Europe I A description of the means the United States will use to influence future decisions regarding certifications of new sensors such as synthetic aperture radar sensors under the Treaty that could pose additional risk to deployed United States military forces and assets and an assessment of their potential effectiveness 3 FORM —The report required by paragraph 1 shall be submitted in unclassified form but may contain a classified annex d DEFINITIONS —In this section 1 APPROPRIATE CONGRESSIONAL COMMITTEES —The term ‘‘appropriate congressional committees’’ means— A the congressional defense committees B the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives and C the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate 2 OBSERVATION FLIGHT —The term ‘‘observation flight’’ has the meaning given such term in Article II of the Open Skies Treaty 3 OPEN SKIES TREATY TREATY —The term ‘‘Open Skies Treaty’’ or ‘‘Treaty’’ means the Treaty on Open Skies done at Helsinki March 24 1992 and entered into force January 1 2002 SEC 1233 PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER CRIMEA a PROHIBITION —None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of the Russian Federation over Crimea H R 6395—549 b WAIVER —The Secretary of Defense with the concurrence of the Secretary of State may waive the prohibition under subsection a if the Secretary of Defense— 1 determines that a waiver is in the national security interest of the United States and 2 on the date on which the waiver is invoked submits a notification of the waiver and a justification of the reason for seeking the waiver to— A the Committee on Armed Services and the Committee on Foreign Relations of the Senate and B the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives SEC 1234 ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE RUSSIAN FEDERATION a REPORT REQUIRED —Not later than June 1 of each year the Secretary of Defense in consultation with the heads of other relevant Federal agencies shall submit to the appropriate congressional committees a report in both classified and unclassified form on the security and military strategies and capabilities of the Russian Federation in this section referred to as ‘‘Russia’’ b MATTERS TO BE INCLUDED —The report required under subsection a shall include the following 1 An assessment of the security priorities and objectives of Russia including those priorities and objectives that would affect the North Atlantic Treaty Organization NATO the Middle East and the People’s Republic of China 2 A description of the goals and factors shaping Russian security strategy and military strategy including military spending and investment priorities and their alignment with the security priorities and objectives described in paragraph 1 3 A description of developments in Russian military doctrine and training 4 An assessment of the force structure of the Russian military 5 An assessment of the force structure and capabilities of Russian military forces stationed in each of the Arctic Kaliningrad and Crimea including a description of any changes to such force structure or capabilities during the one-year period ending on the date of such report and with a particular emphasis on the anti-access and area denial capabilities of such forces 6 An assessment of Russian military strategy and objectives for the Arctic region 7 A description of the status of testing production deployment and sale or transfer to other states or non-state actors of cruise missile systems by the Russian Federation 8 A description of Russia’s current missile defense strategy and capabilities including efforts to develop missile defense capabilities 9 An assessment of the tactics techniques and procedures used by Russia in operations in Ukraine 10 An assessment of Russia’s diplomatic economic and intelligence operations in Ukraine 11 A summary of all significant Russian military-to-military cooperation with foreign militaries major training and H R 6395—550 exercises and foreign military deployments including listing for each deployment the estimated number of forces deployed the types of capabilities deployed including any advanced weapons the length of deployment as of such date and if known any military-to-military agreement such as a basing agreement with the host nation 12 An assessment of the proliferation activities of Russia and Russian entities as a supplier of materials technologies or expertise relating to nuclear weapons or other weapons of mass destruction or missile systems 13 Developments in Russia’s nuclear program including the size and state of Russia’s stockpile an analysis of the nuclear strategy and associated doctrine of Russia and of the capabilities range and readiness of all Russian nuclear systems and delivery methods 14 A description of Russia’s anti-access and area denial capabilities 15 A description of Russia’s modernization program for its command control communications computers intelligence surveillance and reconnaissance program and its applications for Russia’s precision guided weapons 16 In consultation with the Secretary of Energy and the Secretary of State developments regarding United States-Russian engagement and cooperation on security matters 17 A description of Russia’s asymmetric capabilities including its strategy and efforts to develop and deploy electronic warfare space and counterspace and cyber warfare capabilities including details on the number of malicious cyber incidents and associated activities against Department of Defense networks that are known or suspected to have been conducted or directed by the Government of the Russian Federation 18 An assessment of Russia’s hybrid warfare strategy and capabilities including— A Russia’s information warfare strategy and capabilities including the use of misinformation disinformation and propaganda in social and traditional media B Russia’s financing of political parties think tanks media organizations and academic institutions C Russia’s malicious cyber activities D Russia’s use of coercive economic tools including sanctions market access and differential pricing especially in energy exports and E Russia’s use of criminal networks and corruption to achieve political objectives 19 An assessment of attempts by Russia or any foreign person acting as an agent of or on behalf of Russia during the preceding year to knowingly disseminate Russian-supported disinformation or propaganda through social media applications or related Internet-based means to members of the Armed Forces with probable intent to cause injury to the United States or advantage the Government of the Russian Federation 20 The current state and summary of United States military-to-military cooperation with Russia’s armed forces during the one-year period ending on the date that is one month before the date of submission of the report including a summary of topics discussed H R 6395—551 21 A description of any military-to-military cooperation planned for the 12-month period beginning on the date of submission of the report and an assessment by the Secretary of Defense of the benefits the Department of Defense expects to gain from such military-to-military cooperation as well as any concerns regarding such cooperation 22 A description of changes to United States policy on military-to-military contacts with Russia resulting from Russia’s annexation of Crimea 23 A description and assessment of efforts by the Russian Federation and associated agents entities and proxies to support or encourage attacks against Armed Forces and personnel of the United States engaged in named contingency operations or combat 24 Other military and security developments involving Russia that the Secretary of Defense considers relevant to United States national security c NONDUPLICATION —If any information required under subsection b has been included in another report or notification previously submitted to Congress as required by law the Secretary of Defense may provide a list of such reports and notifications at the time of submitting the report required by subsection a in lieu of including such information in the report required by subsection a d PUBLISHING REQUIREMENT —Upon submission of the report required under subsection a in both classified and unclassified form the Secretary of Defense shall publish the unclassified form on the website of the Department of Defense e APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committees’’ means— 1 the Committee on Armed Services and the Committee on Foreign Relations of the Senate and 2 the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives f REPEAL —Section 1245 of the Carl Levin and Howard P ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 Public Law 113–291 128 Stat 3566 is hereby repealed g SUNSET —This section shall terminate on January 31 2026 SEC 1235 MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE INITIATIVE Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114–92 129 Stat 1068 is amended— 1 in subsection c — A in paragraph 1 by striking ‘‘50 percent of the funds available for fiscal year 2020 pursuant to subsection f 5 ’’ and inserting ‘‘50 percent of the funds available for fiscal year 2021 pursuant to subsection f 6 ’’ B in paragraph 2 B — i in clause iv by striking ‘‘ and’’ at the end and inserting a semicolon ii in clause v by striking the period at the end and inserting a semicolon and iii by adding at the end the following H R 6395—552 ‘‘ vi transformation of command and control structures and roles in line with North Atlantic Treaty Organization principles and ‘‘ vii improvement of human resources management including to support career management reforms enhanced social support to military personnel and their families and professional military education systems ’’ C in paragraph 3 by striking ‘‘fiscal year 2020’’ and inserting ‘‘fiscal year 2021’’ and D in paragraph 5 to read as follows ‘‘ 5 LETHAL ASSISTANCE —Of the funds available for fiscal year 2021 pursuant to subsection f 6 $75 000 000 shall be available only for lethal assistance described in paragraphs 2 3 11 12 13 and 14 of subsection b ’’ 2 in subsection f by adding at the end the following ‘‘ 6 For fiscal year 2021 $250 000 000 ’’ and 3 in subsection h by striking ‘‘December 31 2022’’ and inserting ‘‘December 31 2023’’ SEC 1236 REPORT ON CAPABILITY AND CAPACITY REQUIREMENTS OF MILITARY FORCES OF UKRAINE AND RESOURCE PLAN FOR SECURITY ASSISTANCE a REPORT —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a report on the capability and capacity requirements of the military forces of the Government of Ukraine which shall include the following 1 An identification of the capability gaps and capacity shortfalls of the military of Ukraine including— A an assessment of the requirements of the Ukrainian navy to accomplish its assigned missions and B an assessment of the requirements of the Ukrainian air force to accomplish its assigned missions 2 An assessment of the relative priority assigned by the Government of Ukraine to addressing such capability gaps and capacity shortfalls 3 An assessment of the capability gaps and capacity shortfalls that— A could be addressed in a sufficient and timely manner by unilateral efforts of the Government of Ukraine or B are unlikely to be addressed in a sufficient and timely manner solely through unilateral efforts 4 An assessment of the capability gaps and capacity shortfalls described in paragraph 3 B that could be addressed in a sufficient and timely manner by— A the Ukraine Security Assistance Initiative of the Department of Defense B Department of Defense security assistance authorized by section 333 of title 10 United States Code C the Foreign Military Financing and Foreign Military Sales programs of the Department of State or D the provision of excess defense articles pursuant to the requirements of the Arms Export Control Act 22 U S C 2751 et seq H R 6395—553 5 An assessment of the human resource requirements of the Office of Defense Cooperation at the United States Embassy in Kyiv and any gaps in its capacity to transfer and facilitate security assistance to Ukraine 6 Any recommendations the Secretaries deem appropriate concerning coordination of security assistance efforts of the Department of Defense and Department of State with respect to Ukraine b RESOURCE PLAN —Not later than February 15 2022 the Secretary of State and Secretary of Defense shall jointly submit to the appropriate committees of Congress a report on resourcing United States security assistance with respect to Ukraine which shall include the following 1 A plan to resource the following initiatives and programs with respect to Ukraine in fiscal year 2023 and the four succeeding fiscal years to assist Ukraine in meeting the most critical capability gaps and capacity shortfalls of the military forces of Ukraine A The Ukraine Security Assistance Initiative of the Department of Defense B Department of Defense security assistance authorized by section 333 of title 10 United States Code C The Foreign Military Financing and Foreign Military Sales programs of the Department of State D The provision of excess defense articles pursuant to the requirements of the Arms Export Control Act 22 U S C 2751 et seq 2 With respect to the Ukrainian navy A A capability development plan with milestones describing the manner in which the United States will assist the Government of Ukraine in meeting the requirements described in subsection a 1 A B A plan for United States cooperation with third countries and international organizations that have the resources and ability to provide immediate assistance to the Ukrainian navy while maintaining interoperability with United States platforms to the extent feasible C A plan to prioritize Excess Defense Articles for the Ukrainian navy to the maximum extent practicable during the time period described in paragraph 1 D An assessment of the extent to which United States security assistance to the Ukrainian navy is in the national security interests of the United States 3 With respect to the Ukrainian air force— A a capability development plan with milestones detailing how the United States will assist the Government of Ukraine in meeting the requirements described in subsection a 1 B B a plan for United States cooperation with third countries and international organizations that have the resources and ability to provide immediate assistance to the Ukrainian air force while maintaining interoperability with United States platforms to the extent feasible C a plan to prioritize excess defense articles for the Ukraine air force to the maximum extent practicable during the time period described in paragraph 1 H R 6395—554 D an assessment of the extent to which United States security assistance to the Ukrainian air force is in the national security interests of the United States 4 An assessment of the progress on defense institutional reforms in Ukraine including in the Ukrainian navy and air force in the time period described in paragraph 1 that will be essential for— A enabling effective use and sustainment of capabilities developed under security assistance authorities described in this section B enhancing the defense of Ukraine’s sovereignty and territorial integrity C achieving the Government of Ukraine’s stated goal of meeting NATO standards and D allowing Ukraine to achieve its full potential as a strategic partner of the United States c FORM —The report required under subsection a and the resource plan required under subsection b shall each be submitted in a classified form with an unclassified summary d APPROPRIATE COMMITTEES OF CONGRESS DEFINED —In this section the term ‘‘appropriate committees of Congress’’ means— 1 the Committee on Armed Services the Committee on Foreign Relations and the Committee on Appropriations of the Senate and 2 the Committee on Armed Services the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives SEC 1237 REPORT ON RUSSIAN FEDERATION SUPPORT OF RACIALLY AND ETHNICALLY MOTIVATED VIOLENT EXTREMISTS a IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Director of National Intelligence and the Secretary of Defense with the concurrence of the Secretary of State and in consultation with the head of any other relevant Federal department or agency shall jointly submit to the appropriate committees of Congress a report on Russian Federation support of foreign racially and ethnically motivated violent extremist groups and networks including such support— 1 provided by agents and entities of the Russian Federation acting at the direction or for the benefit of the Government of the Russian Federation and 2 as it relates to undermining stability and security and fomenting or sustaining conflict b ELEMENTS —The report required by subsection a shall include the following 1 A list of each foreign racially or ethnically motivated violent extremist group or network known to meet or suspected of meeting any of the following criteria A The group or network has been targeted or recruited by the security services of the Russian Federation B The group or network has received support including training disinformation or amplification on social media platforms financial support and any other support from the Russian Federation or an agent or entity of the Russian Federation acting at the direction or for the benefit of the Government of the Russian Federation H R 6395—555 C The group has leadership or a base of operations located within the Russian Federation and operates or maintains a chapter or network of the group outside the Russian Federation 2 For each such group or network— A an overview of the membership ideology and activities B a description of the leadership plans intentions and capabilities C a description of the composition and characteristics including an assessment whether and to what extent the members of the group or network are also part of a military security service or police force D a description of financing and other forms of material support received from the Russian Federation E an assessment whether and to what extent the group or network is engaged in or facilitating military or paramilitary training F an assessment of trends and patterns relating to communications travel and training carried out between such group or network and the Russian Federation and G an opportunity analysis with respect to mitigating and disrupting the transnational nexus between such group or network and the Russian Federation 3 An assessment of the manner in which Russian Federation support of such groups or networks aligns with the strategic interests of the Russian Federation with respect to geopolitical competition 4 An assessment of the impact and role of such groups or networks in destabilizing or influencing conflict zones or regional tensions including by— A assisting Russian Federation-backed separatist forces in the Donbas region of Ukraine B destabilizing security on the Crimean peninsula of Ukraine C undermining stability and security in the Balkans or D threatening the support for the North Atlantic Treaty Organization in Southeastern Europe 5 A description of any relationship or affiliation between such groups or networks and ultranationalist or extremist political parties within or outside the Russian Federation and an assessment of the manner in which the Russian Federation may use such a relationship or affiliation to advance the strategic interests of the Russian Federation 6 A description of the use by the Russian Federation of social media platforms to support or amplify the presence or messaging of such groups or networks outside of the Russian Federation and an assessment of efforts by the United States partners and allies to counter such support or amplification 7 An assessment of the nature and extent of the threat that Russian Federation support of such groups or networks poses to United States counterterrorism efforts and other national security interests 8 Recommendations consistent with a whole-of-government approach to countering Russian Federation information warfare and malign influence operations— H R 6395—556 A to mitigate the security threat posed by such groups or networks or B to reduce or counter Russian Federation support for such groups or networks c FORM —The report required by subsection a shall be submitted in unclassified form but may include a classified annex d APPROPRIATE COMMITTEES OF CONGRESS DEFINED —In this section the term ‘‘appropriate committees of Congress’’ means— 1 the Committee on Armed Services the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and 2 the Committee on Armed Services the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives SEC 1238 AUTHORIZATION OF REWARDS FOR PROVIDING INFORMATION ON FOREIGN ELECTION INTERFERENCE Section 36 of the State Department Basic Authorities Act of 1956 22 U S C 2708 is amended— 1 in subsection a 2 by inserting ‘‘foreign election interference ’’ before ‘‘transnational organized crime’’ 2 in subsection b — A in paragraph 5 by striking ‘‘or 10 ’’ and inserting ‘‘ 10 or 13 ’’ B in paragraph 11 by striking ‘‘or’’ after the semicolon at the end C in paragraph 12 — i by striking ‘‘sections’’ and inserting ‘‘section’’ ii by striking ‘‘or b 1 ’’ and inserting ‘‘or 2914 b 1 ’’ and iii by striking the period at the end and inserting ‘‘ or’’ and D by adding at the end the following new paragraph ‘‘ 13 the identification or location of a foreign person that knowingly engaged or is engaging in foreign election interference ’’ and 3 in subsection k — A by redesignating paragraphs 3 through 8 as paragraphs 5 through 10 respectively B by inserting after paragraph 2 the following new paragraphs ‘‘ 3 FOREIGN PERSON —The term ‘foreign person’ means— ‘‘ A an individual who is not a United States person or ‘‘ B a foreign entity ‘‘ 4 FOREIGN ELECTION INTERFERENCE —The term ‘foreign election interference’ means conduct by a foreign person that— ‘‘ A i violates Federal criminal voting rights or campaign finance law or ‘‘ ii is performed by any person acting as an agent of or on behalf of or in coordination with a foreign government or criminal enterprise and ‘‘ B includes any covert fraudulent deceptive or unlawful act or attempted act or knowing use of information acquired by theft undertaken with the specific intent to significantly influence voters undermine public confidence in election processes or institutions or influence H R 6395—557 undermine confidence in or alter the result or reported result of a general or primary Federal State or local election or caucus including— ‘‘ i the campaign of a candidate or ‘‘ ii a ballot measure including an amendment a bond issue an initiative a recall a referral or a referendum ’’ and C in paragraph 10 as so redesignated in subparagraph A by striking ‘‘and’’ after the semicolon and inserting ‘‘or’’ 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 a SENSE OF CONGRESS —It is the sense of Congress that it is in the national security interest of the United States— 1 to deter aggression against North Atlantic Treaty Organization NATO allies by the Russian Federation or any other adversary 2 to continue to work with NATO allies to ensure they meet their alliance defense commitments including through adequate and efficient investments in national defense 3 to work to maintain and strengthen the democratic institutions and practices of all NATO allies in accordance with the goals of Article 2 of the North Atlantic Treaty 4 to ensure that Turkey remains a critical NATO ally and important military partner for the United States contributing to key NATO and United States missions and providing support for United States military operations and logistics needs 5 to assist NATO allies in acquiring and deploying modern NATO-interoperable military equipment and reducing their dependence on Russian or former Soviet-era defense articles 6 to promote opportunities to strengthen the capacity of NATO member states to counter Russian malign influence and 7 to enforce fully the Countering America’s Adversaries Through Sanctions Act 22 U S C 9401 et seq including by imposing sanctions with respect to any person that the President determines knowingly engages in a significant transaction with a person that is part of or operates for or on behalf of the defense or intelligence sectors of the Government of the Russian Federation as described in section 231 of that Act 22 U S C 9525 b DETERMINATION —The acquisition by the Government of Turkey of the S–400 air defense system from the Russian Federation beginning on July 12 2019 constitutes a significant transaction as described in section 231 of the Countering America’s Adversaries Through Sanctions Act 22 U S C 9525 c IMPOSITION OF SANCTIONS —Not later than 30 days after the date of the enactment of this Act the President shall impose H R 6395—558 five or more of the sanctions described in section 235 of the Countering America’s Adversaries Through Sanctions Act 22 U S C 9529 with respect to each person that knowingly engaged in the acquisition of the S-400 air defense system referred to in subsection b d EXCEPTION RELATING TO IMPORTATION OF GOODS — 1 IN GENERAL —Notwithstanding any other provision of this section the authorities and requirements to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods 2 GOOD DEFINED —In this subsection the term ‘‘good’’ means any article natural or man-made substance material supply or manufactured product including inspection and test equipment and excluding technical data e TERMINATION —On and after the date that is one year after the date on which the President imposes sanctions under subsection c with respect to a person the President may terminate the application of such sanctions with respect to that person if the President submits to the appropriate congressional committees a certification that— 1 the Government of Turkey and any person acting on its behalf no longer possesses the S–400 air defense system or a successor system 2 no S-400 air defense system or successor system is operated or maintained inside Turkey by nationals of the Russian Federation or persons acting on behalf of the Government of the Russian Federation or the defense sector of the Russian Federation and 3 the President has received reliable assurances from the Government of Turkey that the Government of Turkey will not knowingly engage or allow any foreign person to engage on its behalf in pursuing any activity subject to sanctions under section 231 of the Countering America’s Adversaries Through Sanctions Act 22 U S C 9525 to reacquire the S400 air defense system or a successor system f APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committees’’ means— 1 the Committee on Foreign Relations and the Committee on Armed Services of the Senate and 2 the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives SEC 1242 CLARIFICATION AND EXPANSION OF SANCTIONS RELATING TO CONSTRUCTION OF NORD STREAM 2 OR TURKSTREAM PIPELINE PROJECTS a IN GENERAL —Subsection a 1 of section 7503 of the Protecting Europe’s Energy Security Act of 2019 title LXXV of Public Law 116–92 133 Stat 2300 22 U S C 9526 note is amended— 1 in subparagraph A — A by inserting ‘‘or pipe-laying activities’’ after ‘‘pipelaying’’ and B by striking ‘‘ and’’ and inserting a semicolon 2 in subparagraph B — A in clause i — i by inserting ‘‘ or facilitated selling leasing or providing ’’ after ‘‘provided’’ and H R 6395—559 ii by striking ‘‘ or’’ and inserting a semicolon B in clause ii by striking the period at the end and inserting a semicolon and C by adding at the end the following ‘‘ iii provided for those vessels underwriting services or insurance or reinsurance necessary or essential for the completion of such a project ‘‘ iv provided services or facilities for technology upgrades or installation of welding equipment for or retrofitting or tethering of those vessels if the services or facilities are necessary or essential for the completion of such a project or ‘‘ v provided services for the testing inspection or certification necessary or essential for the completion or operation of the Nord Stream 2 pipeline and’’ and 3 by adding at the end the following ‘‘ C the consultations carried out pursuant to subsection i and describes the nature of the consultations and any concerns raised by the government of Norway Switzerland the United Kingdom or any member country of the European Union ’’ b EXCEPTION —Subsection e of such section is amended by adding at the end the following ‘‘ 6 EXCEPTION FOR CERTAIN GOVERNMENTS AND GOVERNMENTAL ENTITIES —Sanctions under this section shall not apply with respect to— ‘‘ A the European Union ‘‘ B the government of Norway Switzerland the United Kingdom or any member country of the European Union or ‘‘ C any entity of the European Union or a government described in subparagraph B that is not operating as a business enterprise ’’ c WAIVER —Subsection f of such section is amended to read as follows ‘‘ f NATIONAL INTEREST WAIVER —The President may waive the application of sanctions under this section with respect to a person if the President— ‘‘ 1 determines that the waiver is in the national interests of the United States and ‘‘ 2 submits to the appropriate congressional committees a report on the waiver and the reasons for the waiver ’’ d CONSULTATIONS REPORT —Such section is further amended— 1 by redesignating subsection i as subsection k and 2 by inserting after subsection h the following ‘‘ i CONSULTATIONS —Before imposing sanctions under this section the Secretary of State shall consult with the relevant governments of Norway Switzerland the United Kingdom and member countries of the European Union with respect to the imposition of such sanctions ‘‘ j REPORT ON IMPACT OF SANCTIONS —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 and annually thereafter until all sanctions imposed under this section have terminated under subsection h the Secretary H R 6395—560 of State in consultation with the Secretary of the Treasury shall submit to the appropriate congressional committees a report detailing the impact of the imposition of sanctions under this section that includes information on— ‘‘ 1 whether the goals of the sanctions have been met ‘‘ 2 the diplomatic impact of the sanctions including on relationships with the governments of Norway Switzerland the United Kingdom and member countries of the European Union and ‘‘ 3 the economic impact of the sanctions including the impact on United States persons ’’ e DEFINITIONS —Subsection k of such section as redesignated by subsection b is further amended— 1 by redesignating paragraph 5 as paragraph 6 and 2 by inserting after paragraph 4 the following ‘‘ 5 PIPE-LAYING ACTIVITIES —The term ‘pipe-laying activities’ means activities that facilitate pipe-laying including site preparation trenching surveying placing rocks backfilling stringing bending welding coating and lowering of pipe ’’ f WIND-DOWN PERIOD —The President may not impose sanctions with respect to a person identified in the first report submitted under section 7503 a of the Protecting Europe’s Energy Security Act of 2019 as amended by this section after the date of the enactment of this Act for operations subject to sanctions by reason of the amendments made by this section if the President certifies in that report that the person has not later than 30 days after such date of enactment engaged in good faith efforts to wind down such operations SEC 1243 EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN EUROPEAN NATIONAL SECURITY FORCES IN THE COURSE OF MULTILATERAL EXERCISES Subsection h of section 1251 of the National Defense Authorization Act for Fiscal Year 2016 10 U S C 333 note is amended— 1 in the first sentence by striking ‘‘December 31 2021’’ and inserting ‘‘December 31 2023’’ and 2 in the second sentence by striking ‘‘the period beginning on October 1 2015 and ending on December 31 2021’’ and inserting ‘‘the period beginning on October 1 2015 and ending on December 31 2023’’ SEC 1244 SENSE OF CONGRESS ON SUPPORT FOR THE NORTH ATLANTIC TREATY ORGANIZATION It is the sense of Congress that— 1 the success of the North Atlantic Treaty Organization NATO is critical to achieving United States national security objectives in Europe and around the world 2 NATO remains the strongest and most successful military alliance in the world founded on a commitment by its members to uphold the principles of democracy individual liberty and the rule of law and its contributions to the collective defense are indispensable to the security prosperity and freedom of its members 3 the United States reaffirms its ironclad commitment to NATO as the foundation of transatlantic security and to uphold its obligations under the North Atlantic Treaty including Article 5 of the Treaty H R 6395—561 4 the 2018 National Defense Strategy identifies longterm strategic competition with Russia as a principal priority and highlights the essential role that a strong NATO alliance must play in implementing that strategy and addressing shared security concerns 5 the United States should deepen defense cooperation with non-NATO European partners reaffirm the open-door policy of NATO and encourage security sector cooperation between NATO and non-NATO defense partners that complements and strengthens collective defense interoperability and allies’ commitment to Article 3 of the North Atlantic Treaty 6 bolstering NATO cohesion and enhancing security relationships with non-NATO European partners to counter Russian aggression including Russia’s use of hybrid warfare tactics and its willingness to use military power to alter the status quo strengthens the United States security interests for the long-term strategic competition 7 the continued prioritization of funding for the European Deterrence Initiative including for purposes of strengthening allied and partner capability and power projection along the eastern flank of NATO remains critically important 8 the United States and NATO should continue to cooperate on other major shared challenges such as the COVID19 pandemic and 9 the policy of the United States should be to work with its NATO and other allies and partners to build permanent mechanisms to strengthen supply chains enhance supply chain security fill supply chain gaps and maintain commitments made at the June 2020 NATO Defense Ministerial particularly regarding pandemic response preparations SEC 1245 LIMITATION ON UNITED STATES FORCE STRUCTURE REDUCTIONS IN GERMANY a SENSE OF CONGRESS —It is the sense of Congress that— 1 the Federal Republic of Germany continues to be a strong ally within the North Atlantic Treaty Organization NATO and a critical ally of the United States 2 the presence of the United States Armed Forces in Germany serves as a strong deterrent to Russian Federation military aggression and expansion in Europe and as an essential support platform for carrying out vital national security engagements in the Middle East Africa and Afghanistan 3 the presence of approximately 34 500 members of the United States Armed Forces deployed to Germany and the ability to increase that level as necessary in response to global security challenges is essential to supporting NATO’s operations and its collective deterrence against threats 4 reducing the number of members of the United States Armed Forces in Germany during a time of growing threats in Europe would constitute a grave strategic mistake that would undermine United States national security interests and weaken NATO and 5 the United States should continue— A to maintain and strengthen its bilateral relationship with Germany and H R 6395—562 B to maintain a robust military presence in Germany so as to deter aggression against the United States and its allies and partners b LIMITATION —The Secretary of Defense may not reduce the total number of members of the Armed Forces serving on active duty who are stationed in the Federal Republic of Germany below 34 500 until 120 days after the date on which the Secretary in consultation with the heads of other relevant Federal departments and agencies submits to the appropriate congressional committees a written assessment that contains the following 1 An analysis of whether the reduction in the total number of Armed Forces serving on active duty who are stationed in Germany would be in the national security interest of the United States and would not detract from United States military posture and alignment in the European theater 2 An analysis of the impact of such a reduction on the security of the United States as well as the security of allies and partners of the United States in Europe 3 An analysis of the impact of such a reduction on the deterrence and defense posture of the North Atlantic Treaty Organization NATO 4 An analysis of the impact of such a reduction on the ability of the Armed Forces to execute contingency plans of the Department of Defense including ongoing operations executed by United States Central Command and United States Africa Command 5 An analysis of the impact of such a reduction on military families or additional costs for relocation of associated infrastructure 6 An analysis of the impact of such a reduction on military training and major military exercises including on interoperability and joint activities with allies and partners 7 A description of the consultations made with United States allies and partners in Europe including a description of the consultations with each member of NATO regarding such a reduction 8 A description of the capabilities that would be impacted in Germany and any actions designed to mitigate such a reduction 9 A detailed description of the requirements for the Department of Defense to effectuate any relocation and redeployment of members of the Armed Forces from Germany and associated relocation of military families 10 A detailed analysis of the impact of the reduction and redeployment of military capabilities on the ability of the United States to meet commitments under the North Atlantic Treaty as well as the ability to support operations in the Middle East and Africa 11 A detailed analysis of the impact of such reduction and redeployment on the implementation of the National Defense Strategy and on Joint Force Planning 12 A detailed analysis of the cost implications of such a reduction and redeployment to include the cost of any associated new facilities to be constructed or existing facilities to be renovated at the location to which the members of the Armed Forces are to be moved and stationed and the costs associated with rotational deployments H R 6395—563 c APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committees’’ means— 1 the Committee on Armed Services and the Committee on Foreign Relations of the Senate and 2 the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives d SUNSET —The limitation in subsection b shall terminate on September 30 2021 SEC 1246 REPORT ON UNITED STATES MILITARY FORCE POSTURE IN SOUTHEASTERN EUROPE a REPORT —Not later than one year after the date of the enactment of this Act the Secretary of Defense in consultation with the Commander of United States European Command shall submit to the congressional defense committees and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on United States military force posture in the Southeastern Europe region including the Eastern Mediterranean and Black Sea b MATTERS TO BE INCLUDED —The report required by subsection a shall include the following 1 A description and assessment of the strategic significance of Russia’s and China’s military posture and activities in the region 2 A description of the current presence including the permanently stationed rotational and continuous rotational presence and any agreements in place governing United States Armed Forces in the region 3 An assessment of the strategic and operational significance of the Eastern Mediterranean and Black Sea for contingency plans of the Department of Defense 4 An assessment of United States military force posture needs in the region to implement the Department of Defense Black Sea strategy in accordance with the provisions of the Report of the Committee on Armed Services of the House of Representatives to Accompany H R 2500 116th Congress House Report 116-120 5 An assessment of the value cost and feasibility of increasing permanently stationed or rotational deployments of the United States Armed Forces in the region to include assessments of posture in Greece Romania Bulgaria and other relevant locations and an assessment of available infrastructure and any infrastructure improvements that would be necessary to support such an increase c FORM —The report required by subsection a shall be submitted in a classified form and include an unclassified summary SEC 1247 SENSE OF CONGRESS ON SUPPORT FOR COORDINATED ACTION TO ENSURE THE SECURITY OF BALTIC ALLIES It is the sense of Congress that— 1 maintaining the security of the Baltic states of Estonia Latvia and Lithuania is critical to achieving United States national security objectives 2 the Baltic states play a crucial role in strategic efforts to deter Russia maintain the collective security of the North Atlantic Treaty Organization NATO alliance and strengthen bilateral and multilateral defense and H R 6395—564 3 the United States should continue to pursue efforts consistent with a comprehensive multilateral assessment of the military requirements of the Baltic states focused on security sector assistance coordination and planning designed to ensure the security of the Baltic states and address current and future security challenges SEC 1248 SENSE OF CONGRESS ON THE ROLE OF THE KOSOVO FORCE OF THE NORTH ATLANTIC TREATY ORGANIZATION It is the sense of Congress that— 1 the Kosovo Force of the North Atlantic Treaty Organization continues to play an indispensable role in maintaining security and stability in the Western Balkans which are the essential predicates for the success of diplomatic efforts between Kosovo and Serbia 2 the participation of the United States Armed Forces in the Kosovo Force is foundational to the credibility and success of mission of the Kosovo Force 3 with the North Atlantic Treaty Organization allies and other European partners contributing over 80 percent of the troops for the mission the Kosovo Force is a primary example of the long-term benefits of burden sharing to United States national security interests and 4 together with the allies and partners of the United States the United States should— A maintain its commitment to the Kosovo Force B take all appropriate steps to ensure that the Kosovo Force has the necessary personnel capabilities and resources to perform its critical mission and C continue to support the gradual transition of the Kosovo Security Force to a multi-ethnic army for the Republic of Kosovo that is interoperable with North Atlantic Treaty Organization members through an inclusive and transparent process that— i respects the rights and concerns of all citizens of Kosovo ii promotes regional security and stability and iii supports the aspirations of Kosovo for full Euro-Atlantic integration Subtitle F—Matters Relating to the IndoPacific Region SEC 1251 PACIFIC DETERRENCE INITIATIVE a IN GENERAL —The Secretary of Defense shall establish an initiative to be known as the ‘‘Pacific Deterrence Initiative’’ in this section referred to as the ‘‘Initiative’’ to carry out prioritized activities to enhance the United States deterrence and defense posture in the Indo-Pacific region assure allies and partners and increase capability and readiness in the Indo-Pacific region b PURPOSE —The Initiative required under subsection a shall carry out the following prioritized activities to improve the design and posture of the joint force in the Indo-Pacific region primarily west of the International Date Line H R 6395—565 1 Modernize and strengthen the presence of the United States Armed Forces including those with advanced capabilities 2 Improve logistics and maintenance capabilities and the pre-positioning of equipment munitions fuel and materiel 3 Carry out a program of exercises training experimentation and innovation for the joint force 4 Improve infrastructure to enhance the responsiveness and resiliency of the United States Armed Forces 5 Build the defense and security capabilities capacity and cooperation of allies and partners c FUNDING —Of the amounts authorized to be appropriated by this Act for the Department of Defense for fiscal year 2021 $2 234 958 000 is authorized to be made available to carry out the Initiative required under subsection a as specified in the funding tables in division D of this Act d PLAN REQUIRED —Not later than February 15 2021 and annually thereafter the Secretary in consultation with the Commander of the United States Indo-Pacific Command shall submit to the congressional defense committees a report on future year activities and resources for the Initiative that includes the following 1 A description of the activities and resources for the first fiscal year beginning after the date of submission of the report and the plan for not fewer than the four following fiscal years organized by the activities described in paragraphs 1 through 5 of subsection b 2 A summary of progress made towards achieving the purposes of the Initiative 3 A summary of the activity resource capability infrastructure and logistics requirements necessary to achieve measurable progress in reducing risk to the joint force’s ability to achieve objectives in the region including through investments in— A active and passive defenses against unmanned aerial systems and theater cruise ballistic and hypersonic missiles B advanced long-range precision strike systems C command control communications computers intelligence surveillance and reconnaissance systems D test range capacity capability and coordination E dispersed resilient and adaptive basing to support distributed operations including expeditionary airfields and ports F advanced critical munitions G pre-positioned forward stocks of fuel munitions equipment and materiel H distributed logistics and maintenance capabilities I strategic mobility assets J improved interoperability and information sharing with allies and partners K information operations capabilities L bilateral and multilateral military exercises and training with allies and partners and M use of security cooperation authorities to further build partner capacity 4 A detailed timeline to achieve the requirements identified under paragraph 3 H R 6395—566 5 A detailed explanation of any significant modifications to such requirements as compared to plans previously submitted under this subsection 6 Any other matter as determined by the Secretary e BUDGET DISPLAY INFORMATION —The Secretary shall include a detailed budget display for the Initiative in the materials of the Department of Defense in support of the budget of the President submitted to Congress pursuant to section 1105 of title 31 United States Code for fiscal year 2022 and each fiscal year thereafter that includes the following information 1 The resources necessary for the Initiative to carry out the activities required under subsection b for the applicable fiscal year and not fewer than the four following fiscal years organized by the activities described in paragraphs 1 through 5 of that subsection 2 With respect to procurement accounts— A amounts displayed by account budget activity line number line item and line item title and B a description of the requirements for such amounts specific to the Initiative 3 With respect to research development test and evaluation accounts— A amounts displayed by account budget activity line number program element and program element title and B a description of the requirements for such amounts specific to the Initiative 4 With respect to operation and maintenance accounts— A amounts displayed by account title budget activity title line number and subactivity group title and B a description of the specific manner in which such amounts will be used 5 With respect to military personnel accounts— A amounts displayed by account budget activity budget subactivity and budget subactivity title and B a description of the requirements for such amounts specific to the Initiative 6 With respect to each project under military construction accounts including with respect to unspecified minor military construction and amounts for planning and design the country location project title and project amount by fiscal year 7 With respect to the activities described in subsection b — A amounts displayed by account title budget activity title line number and subactivity group title and B a description of the specific manner in which such amounts will be used 8 With respect to each military service— A amounts displayed by account title budget activity title line number and subactivity group title and B a description of the specific manner in which such amounts will be used 9 With respect to the amounts described in each of paragraphs 2 A 3 A 4 A 5 A 6 7 A and 8 A a comparison between— A the amount in the budget of the President for the following fiscal year H R 6395—567 B the amount projected in the previous budget of the President for the following fiscal year C a detailed summary of funds obligated for the Initiative during the preceding fiscal year and D a detailed comparison of funds obligated for the Initiative during the previous fiscal year to the amount of funds requested for such fiscal year f BRIEFINGS REQUIRED —Not later than March 1 2021 and annually thereafter the Secretary shall provide to the congressional defense committees a briefing on the budget proposal and programs including the budget display information for the applicable fiscal year required by subsection e g REPEAL —Section 1251 of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 131 Stat 1676 as most recently amended by section 1253 of the John S McCain National Defense Authorization Act for fiscal year 2019 Public Law 115–232 132 Stat 2054 is repealed SEC 1252 EXTENSION AND MODIFICATION OF PROHIBITION ON COMMERCIAL EXPORT OF CERTAIN COVERED MUNITIONS ITEMS TO THE HONG KONG POLICE FORCE a IN GENERAL —The Act entitled ‘‘An Act to prohibit the commercial export of covered munitions items to the Hong Kong Police Force’’ approved November 27 2019 Public Law 116–77 133 Stat 1173 is amended— 1 by amending the title to read as follows ‘‘An Act to prohibit the commercial export of covered munitions and crime control items to the Hong Kong Police Force ’’ 2 in section 1 2 — A by amending the paragraph heading to read as follows ‘‘COVERED MUNITIONS AND CRIME CONTROL ITEMS ’’ and B by striking ‘‘covered munitions items’’ and inserting ‘‘covered munitions and crime control items’’ 3 in section 2— A in the section heading by striking ‘‘COVERED MUNITIONS ITEMS’’ and inserting ‘‘COVERED MUNITIONS AND CRIME CONTROL ITEMS’’ and B in subsection a by striking ‘‘covered munitions items’’ and inserting ‘‘covered munitions and crime control items’’ and 4 in section 3 by striking ‘‘one year after the date of the enactment of this Act’’ and inserting ‘‘on December 31 2021’’ b TECHNICAL CORRECTIONS TO THE HONG KONG AUTONOMY ACT —The Hong Kong Autonomy Act of 2020 Public Law 116– 149 134 Stat 663 is amended— 1 in section 2 10 by striking ‘‘The’’ and inserting ‘‘Except as otherwise specifically provided the’’ and 2 in section 7 b 7 by inserting ‘‘by any person as defined in section 4801 8 of title 50 United States Code ’’ after ‘‘ in country ’’ SEC 1253 AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN CLEANUP a TRANSFER AUTHORITY —Notwithstanding section 2215 of title 10 United States Code the Secretary of Defense may transfer to the Secretary of State for use by the United States Agency H R 6395—568 for International Development amounts to be used for the Bien Hoa dioxin cleanup in Vietnam b LIMITATION ON AMOUNT —Not more than $15 000 000 may be transferred in fiscal year 2021 under the transfer authority in subsection a c ADDITIONAL TRANSFER AUTHORITY —The transfer authority in subsection a is in addition to any other transfer authority available to the Department of Defense d NOTICE ON EXERCISE OF AUTHORITY —If the Secretary of Defense determines to use the transfer authority in subsection a the Secretary shall notify the congressional defense committee of that determination not later than 30 days before the Secretary uses the transfer authority SEC 1254 COOPERATIVE PROGRAM WITH VIETNAM TO ACCOUNT FOR VIETNAMESE PERSONNEL MISSING IN ACTION a IN GENERAL —The Secretary of Defense in coordination with the Secretary of State is authorized to carry out a cooperative program with the Ministry of Defense of Vietnam to assist in accounting for Vietnamese personnel missing in action b PURPOSE —The purpose of the cooperative program under subsection a is to carry out the following activities 1 Collection digitization and sharing of archival information 2 Building the capacity of Vietnam to conduct archival research investigations and excavations 3 Improving DNA analysis capacity 4 Increasing veteran-to-veteran exchanges 5 Other support activities the Secretary of Defense considers necessary and appropriate SEC 1255 SENSE OF CONGRESS ON THE UNITED STATES-VIETNAM DEFENSE RELATIONSHIP In commemoration of the 25th anniversary of the normalization of diplomatic relations between the United States and Vietnam Congress— 1 welcomes the historic progress and achievements in United States-Vietnam relations over the last 25 years 2 commends the commitment of Vietnam to resolve international disputes through peaceful means on the basis of international law 3 congratulates Vietnam on its chairmanship of the Association of Southeast Asian Nations and its election as a nonpermanent member of the United Nations Security Council both of which symbolize the positive leadership role of Vietnam in regional and global affairs 4 affirms the commitment of the United States— A to respect the independence and sovereignty of Vietnam and B to establish and promote friendly relations and to work together on an equal footing for mutual benefit with Vietnam 5 encourages the United States and Vietnam to elevate their comprehensive partnership to a strategic partnership based on mutual understanding shared interests and a common desire to promote peace cooperation prosperity and security in the Indo-Pacific region H R 6395—569 6 affirms the commitment of the United States to continue to address war legacy issues including through dioxin remediation unexploded ordnance removal accounting for prisoners of war and soldiers missing in action and other activities and 7 supports deepening defense cooperation between the United States and Vietnam in support of United States interests and international law including with respect to maritime security cybersecurity counterterrorism information sharing human rights humanitarian assistance and disaster relief military medicine peacekeeping operations defense trade and other areas SEC 1256 PILOT PROGRAM TO IMPROVE CYBER COOPERATION WITH VIETNAM THAILAND AND INDONESIA a IN GENERAL —The Secretary of Defense with the concurrence of the Secretary of State may establish using existing authorities of the Department of Defense a pilot program in Vietnam Thailand and Indonesia— 1 to enhance the cyber security resilience and readiness of the military forces of Vietnam Thailand and Indonesia and 2 to increase regional cooperation between the United States and Vietnam Thailand and Indonesia on cyber issues b ELEMENTS —The activities of the pilot program under subsection a shall include the following 1 Provision of training to military officers and civilian officials in the ministries of defense of Vietnam Thailand and Indonesia 2 The facilitation of regular dialogues and trainings among the Department of Defense and the ministries of defense of Vietnam Thailand and Indonesia with respect to the development of infrastructure to protect against foreign cyber attacks 3 To undertake as part of cyber cooperation training that includes curricula expressly relating to human rights the rule of law and internet freedom c REPORTS — 1 DESIGN OF PILOT PROGRAM —Not later than June 1 2021 the Secretary of Defense with the concurrence of the Secretary of State shall submit to the appropriate committees of Congress a report on the design of the pilot program under subsection a 2 PROGRESS REPORT —Not later than December 31 2021 and annually thereafter until the date on which the pilot program terminates under subsection e the Secretary of Defense with the concurrence of the Secretary of State shall submit to the appropriate committees of Congress a report on the pilot program that includes— A a description of the activities conducted and the results of such activities B an assessment of reforms relevant to cybersecurity and technology in enhancing the cyber security resilience and readiness of the military forces of Vietnam Thailand and Indonesia H R 6395—570 C an assessment of the effectiveness of curricula relating to human rights the rule of law and internet freedom and D the content and curriculum of any program made available to participants of such program d CERTIFICATION —Not later than 30 days before the date on which the pilot program under subsection a is scheduled to commence the Secretary of Defense with the concurrence of the Secretary of State shall submit to the appropriate committees of Congress a certification indicating whether such program would credibly enable enhance or facilitate violations of internet freedom or other human rights abuses in Vietnam Indonesia or Thailand e TERMINATION —The pilot program under subsection a shall terminate on December 31 2024 f APPROPRIATE COMMITTEES OF CONGRESS DEFINED —In this section the term ‘‘appropriate committees of Congress’’ means— 1 the Committee on Armed Services and the Committee on Foreign Relations of the Senate and 2 the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives SEC 1257 REPORT ON THE COSTS MOST DIRECTLY ASSOCIATED WITH THE STATIONING OF THE ARMED FORCES IN JAPAN a IN GENERAL —Not later than February 1 2021 the Secretary of State in consultation with the Secretary of Defense shall submit to the appropriate congressional committees a report on the costs most directly associated with the stationing of United States forces in Japan that are the subject of the current Special Measures Agreement negotiations between the United States Government and the Government of Japan The report shall include— 1 a description of each category of costs including labor utilities training relocation and any other categories the Secretary determines appropriate that are most directly associated with the stationing of the Armed Forces in Japan 2 a detailed description of which of the costs most directly associated with the stationing of the Armed Forces in Japan are incurred in Japan and which such costs are incurred outside of Japan 3 a description of each category of contributions made by the Government of Japan that allay the costs to United States of stationing the Armed Forces in Japan as well as the corresponding description of each category of costs incurred by the United States Government 4 the benefits to United States national security and regional security derived from the forward presence of the Armed Forces in Japan 5 the impacts to the national security of the United States the security of Japan and peace and stability in the IndoPacific region if a new Special Measures Agreement is not reached before March 31 2021 and 6 any other matters the Secretary determines appropriate b FORM —The report required by subsection a shall be submitted in unclassified form but may include a classified annex c APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committee’’ means— H R 6395—571 1 the congressional defense committees and 2 the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives SEC 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 None of the funds authorized to be appropriated by this Act may be used to reduce the total number of members of the Armed Forces serving on active duty who are deployed to South Korea below 28 500 until 90 days after the date on which the Secretary of Defense certifies to the congressional defense committees the following 1 Such a reduction is in the national security interest of the United States and will not significantly undermine the security of United States allies in the region 2 The Secretary has appropriately consulted with allies of the United States including South Korea and Japan regarding such a reduction SEC 1259 IMPLEMENTATION OF GAO RECOMMENDATIONS ON PREPAREDNESS OF UNITED STATES FORCES TO COUNTER NORTH KOREAN CHEMICAL AND BIOLOGICAL WEAPONS a PLAN REQUIRED — 1 IN GENERAL —The Secretary of Defense shall develop a plan to address the recommendations in the U S Government Accountability Office’s report entitled ‘‘Preparedness of U S Forces to Counter North Korean Chemical and Biological Weapons’’ GAO–21–104C 2 ELEMENTS —The plan required under paragraph 1 shall with respect to each recommendation in the report described in paragraph 1 that the Secretary of Defense has implemented or intends to implement include— A a summary of actions that have been or will be taken to implement the recommendation and B a schedule with specific milestones for completing implementation of the recommendation b SUBMISSION TO CONGRESS —Not later than 1 year after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees the plan required under subsection a c DEADLINE FOR IMPLEMENTATION — 1 IN GENERAL —Except as provided in paragraph 2 not later than 18 months after the date of the enactment of this Act the Secretary of Defense shall carry out activities to implement the plan developed under subsection a 2 EXCEPTION FOR IMPLEMENTATION OF CERTAIN RECOMMENDATIONS — A DELAYED IMPLEMENTATION —The Secretary of Defense may initiate implementation of a recommendation in the report described in subsection a 1 after the date specified in paragraph 1 if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation on or before such date H R 6395—572 B NONIMPLEMENTATION —The Secretary of Defense may decide not to implement a recommendation in the report described in subsection a 1 if the Secretary provides to the congressional defense committees on or before the date specified in paragraph 1 — i a specific justification for the decision not to implement the recommendation and ii a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation SEC 1260 STATEMENT OF POLICY AND SENSE OF CONGRESS ON THE TAIWAN RELATIONS ACT a STATEMENT OF POLICY —It is the policy of the United States— 1 that the Taiwan Relations Act Public Law 96–8 22 U S C 3301 et seq and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations 2 to fully pursue the deepening of the extensive close and friendly relations of the United States and Taiwan pursuant to the Taiwan Relations Act Public Law 96–8 22 U S C 3301 et seq the intent of which is to facilitate greater cooperation and the broadening and deepening of United States-Taiwan relations 3 that the Taiwan Relations Act Public Law 96–8 22 U S C 3301 et seq shall be implemented and executed consistent with the Six Assurances to address evolving political security and economic dynamics and circumstances 4 that as set forth in the Taiwan Relations Act Public Law 96–8 22 U S C 3301 et seq the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means and that any effort to determine the future of Taiwan by other than peaceful means including boycotts and embargoes is a threat to the peace and security of the Western Pacific area and of grave concern to the United States 5 that the increasingly coercive and aggressive behavior of the People’s Republic of China towards Taiwan is contrary to the expectation of the peaceful resolution of the future of Taiwan and 6 as set forth in the Taiwan Relations Act Public Law 96–8 22 U S C 3301 et seq to maintain the capacity to resist any resort to force or other forms of coercion that would jeopardize the security or the social or economic system of the people on Taiwan b SENSE OF CONGRESS —It is the sense of Congress that— 1 the United States should continue to support the development of capable ready and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability including by— A supporting acquisition by Taiwan of defense articles and services through foreign military sales direct commercial sales and industrial cooperation with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan including anti-ship coastal defense H R 6395—573 anti-armor air defense undersea warfare advanced command control communications computers intelligence surveillance and reconnaissance and resilient command and control capabilities B ensuring timely review of and response to requests of Taiwan for defense articles and services C conducting practical training and military exercises with Taiwan that enable Taiwan to maintain a sufficient self-defense capability D examining the potential for expanding professional military education and technical training opportunities in the United States for military personnel of Taiwan E increasing exchanges between senior defense officials and general officers of the United States and Taiwan at the strategic policy and functional levels consistent with the Taiwan Travel Act Public Law 115–135 132 Stat 341 especially for the purposes of— i enhancing cooperation on defense planning ii improving the interoperability of the military forces of the United States and Taiwan and iii improving the reserve force of Taiwan and F expanding cooperation in humanitarian assistance and disaster relief 2 the Secretary of State should ensure that any policy guidance related to United States-Taiwan relations is fully consistent with the statement of policy set forth in subsection a 3 the Secretary of Defense should ensure that policy guidance related to United States-Taiwan defense relations is fully consistent with the statement of policy set forth in subsection a and 4 the Secretary of State the Secretary of Defense and the heads of other Federal agencies and departments as appropriate should issue new guidance as required to carry out such policy SEC 1260A ANNUAL BRIEFING ON TAIWAN ARMS SALES a IN GENERAL —Not later than 45 days after the date of the enactment of this Act and annually thereafter the Secretary of State or his or her designee shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the United States commitment to supporting Taiwan in maintaining a sufficient selfdefense capability as required by the Taiwan Relations Act 22 U S C 3301 et seq and affirmed in the Asia Reassurance Initiative Act of 2018 22 U S C 3301 note b ELEMENTS —Each briefing required by subsection a shall include the following 1 A description of United States efforts to implement section 209 b of the Asia Reassurance Initiative Act of 2018 22 U S C 3301 note by conducting regular transfers to Taiwan of defense articles tailored to meet the existing and likely future threats from the People’s Republic of China including any effort to support Taiwan in the development and integration into its military forces of asymmetric capabilities as appropriate including mobile survivable and cost-effective capabilities H R 6395—574 2 A description of the role of such transfers of defense articles and services in supporting Taiwan in maintaining the capabilities readiness levels and resourcing necessary to fulfill and implement Taiwan’s Overall Defense Concept 3 A description of— A United States efforts to conduct a regularized process for consideration of transfers of defense articles and services to Taiwan and B any barriers to conducting such a process c SUNSET —This section shall cease to have effect on December 31 2026 SEC 1260B REPORT ON UNITED STATES-TAIWAN MEDICAL SECURITY PARTNERSHIP Not later than 180 days after the date of the enactment of this Act the Secretary of Defense in consultation with the Secretary of Health and Human Services shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility of establishing a medical security partnership with the Ministry of Defense of Taiwan that shall include the following 1 The goals and objectives of developing a medical security partnership on issues related to pandemic preparedness and control 2 A discussion of current and future plans to cooperate on medical security activities 3 An evaluation of the feasibility of cooperating on a range of activities under the partnership including— A research and production of vaccines and medicines B joint conferences with scientists and experts C collaboration relating to and exchanges of medical supplies and equipment and D the use of hospital ships such as the United States Naval Ship Comfort and United States Naval Ship Mercy 4 Any other matters the Secretary of Defense determines appropriate SEC 1260C ESTABLISHMENT OF CAPABILITIES TO ASSESS THE DEFENSE TECHNOLOGICAL AND INDUSTRIAL BASES OF CHINA AND OTHER FOREIGN ADVERSARIES a ASSESSMENTS —The Secretary of Defense in coordination with the heads of other Federal departments and agencies as appropriate shall define intelligence and other information requirements sources and organizational responsibilities for assessing the defense technological and industrial bases of foreign adversaries and conducting comparative analyses of such technological and industrial bases with respect to their resilience and capacity to support their strategic objectives The requirements sources and responsibilities shall include— 1 examining the competitive military advantages of foreign adversaries including with respect to regulation raw materials use of energy and other natural resources education labor and capital accessibility 2 assessing relative cost speed of product development age and value of the installed capital base leadership’s technical competence and agility nationally-imposed inhibiting conditions by foreign adversaries the availability of human H R 6395—575 and material resources and reliance on the industrial base of the United States or United States allies and partners 3 a temporal evaluation of the competitive strengths and weaknesses of United States industry including manufacturing surge capacity versus the directed priorities and capabilities of foreign adversary governments and 4 assessing any other issues that the Secretary determines appropriate b METHODOLOGY —The Secretary of Defense shall incorporate inputs pursuant to subsection a as part of a methodology to continuously assess domestic and foreign defense industries markets and companies of significance to military and industrial advantage to identify supply chain vulnerabilities c CONDUCT OF ASSESSMENT WORK BY INDEPENDENT ORGANIZATION — 1 AGREEMENT AUTHORIZED —The Secretary of Defense is authorized to enter into an agreement with an independent organization to carry out some of the assessment work required under subsections a and b 2 NOTIFICATION —If the Secretary enters such an agreement the Secretary shall not later than March 15 2021 provide to the congressional defense committees a report identifying the organization and describing the scope of work under the agreement d REPORTS — 1 INITIAL REPORT —Not later than March 15 2021 the Secretary of Defense shall submit to the congressional defense committees a report on efforts to establish the continuous assessment activity required under subsections a and b including a notification if the Secretary engages an independent organization pursuant to subsection c to prepare the report described in paragraph 2 2 SUBSEQUENT REPORT — A IN GENERAL —Not later than August 1 2021 the Secretary shall submit to the congressional defense committees a report on the first assessment required under subsections a and b with respect to the People’s Republic of China B ELEMENTS —The report required by subparagraph A shall include— i the information described in subsection a ii any exclusive or dominant supply of military and civilian material raw materials or other goods or components thereof essential to China’s national security by the United States or United States allies and partners and iii the availability of substitutes or alternative sources for goods identified under clause ii 3 INCLUSION OF INDEPENDENT ORGANIZATION’S ASSESSMENT WORK —If the Secretary enters into an agreement with an independent organization under subsection c the Secretary shall include the assessment work carried out by the organization under the agreement without change but may include comments with respect to such assessment work H R 6395—576 SEC 1260D EXTENSION OF ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S REPUBLIC OF CHINA Section 1202 a of the National Defense Authorization Act for Fiscal Year 2000 10 U S C 113 note is amended in the first sentence by striking ‘‘January 31 2021’’ and inserting ‘‘January 31 2022’’ SEC 1260E SENSE OF CONGRESS ON THE AGGRESSION OF THE GOVERNMENT OF CHINA ALONG THE BORDER WITH INDIA AND ITS GROWING TERRITORIAL CLAIMS It is the sense of Congress that— 1 continued military aggression by the Government of China along the border with India is a significant concern 2 the Government of China should work with the Government of India toward de-escalating the situation along the Line of Actual Control through existing diplomatic mechanisms and refrain from attempting to settle disputes through coercion or force and 3 attempts by the Government of China to advance baseless territorial claims including those in the South China Sea the East China Sea and with respect to Bhutan are destabilizing and inconsistent with international law SEC 1260F ASSESSMENT OF NATIONAL CYBER STRATEGY TO DETER CHINA FROM ENGAGING IN INDUSTRIAL ESPIONAGE AND CYBER THEFT a IN GENERAL —Not later than 180 days after the date of the enactment of this Act the President shall submit to the appropriate congressional committees an assessment of the effectiveness of the National Cyber Strategy to deter industrial espionage and large-scale cyber theft of intellectual property and personal information conducted by the People’s Republic of China People’s Republic of China persons or entities or persons or entities acting on behalf of the People’s Republic of China against the United States or United States persons b MATTERS TO BE INCLUDED —The assessment required by subsection a shall include the following 1 A discussion of United States interests in preventing such industrial espionage and cyber theft and the impact on the United States and its economy from such activities 2 A general discussion of— A the criteria used to determine when the United States Government will seek to deter such industrial espionage and cyber theft and B the means by which the United States will seek to deter such industrial espionage and cyber theft and demonstrate the credibility of United States resolve to defend its interests in cyberspace 3 An assessment of China’s adherence to previous agreements related to such industrial espionage and cyber theft with the United States and applicability of international laws including known violations 4 An assessment of China’s actions to direct proxies surrogates or state-sponsored nongovernmental entities to engage in such industrial espionage or cyber theft H R 6395—577 5 Recommendations consistent with a whole-of-government approach to countering such industrial espionage and cyber theft c UPDATE — 1 IN GENERAL —Not later than 1 year after the date of the submission of the assessment required by subsection a and biennially thereafter the President shall submit to the appropriate congressional committees an update of the assessment including— A an update on the effectiveness of the National Cyber Strategy B a summary of the lessons learned and C a summary of any planned changes or recommendations to the effectiveness or implementation of the strategy 2 SUNSET —The requirement to submit the update under paragraph 1 shall terminate on December 31 2025 d FORM —The assessment required by subsection a and the update required by subsection c shall be submitted in unclassified form e APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committees’’ means— 1 the Committee on Foreign Affairs the Committee on Armed Services the Permanent Select Committee on Intelligence the Committee on the Judiciary the Committee on Energy and Commerce the Committee on Homeland Security the Committee on Oversight and Reform and the Committee on Financial Services of the House of Representatives and 2 the Committee on Foreign Relations the Committee on Armed Services the Select Committee on Intelligence the Committee on Banking Housing and Urban Affairs the Committee on Commerce Science and Transportation the Committee on Homeland Security and Government Affairs and the Committee on the Judiciary of the Senate SEC 1260G REPORT ON UNITED FRONT WORK DEPARTMENT a IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary of State in consultation with the head of each relevant Federal department and agency shall submit to the appropriate congressional committees an unclassified report which may include a classified annex on the national security risks posed by the United Front Work Department of the Chinese Communist Party and affiliated organizations in the United States and abroad that includes each of the following 1 A description of the extent to which the activities of the United Front Work Department poses a threat to the national defense and national security of the United States 2 An evaluation of how the United Front Work Department’s overseas activities support the Chinese Communist Party’s strategy and goals abroad 3 A description of known United Front Work Department political influence operations 4 The strategy and capabilities of the United States Government to detect deter counter and disrupt United Front Work Department influence operations and activities in the H R 6395—578 United States and other countries consistent with the protection of the civil rights civil liberties and privacy of all Americans and 5 An evaluation of the actions the United States Government should consider in response to the activities of the United Front Work Department in the United States and other countries b APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committees’’ means— 1 the Committee on Foreign Relations the Committee on Armed Services the Committee on Appropriations and the Select Committee on Intelligence of the Senate and 2 the Committee on Foreign Affairs the Committee on Armed Services the Committee on Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives SEC 1260H PUBLIC REPORTING OF CHINESE MILITARY COMPANIES OPERATING IN THE UNITED STATES a DETERMINATION —The Secretary of Defense shall identify each entity the Secretary determines based on the most recent information available is operating directly or indirectly in the United States or any of its territories and possessions that is a Chinese military company b REPORTING AND PUBLICATION — 1 ANNUAL REPORT —Not later than April 15 2021 and annually thereafter until December 31 2030 the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a list of each entity identified pursuant to subsection a to be a Chinese military company in classified and unclassified forms and shall include in such submission as applicable an explanation of any entities deleted from such list with respect to a prior list 2 CONCURRENT PUBLICATION —Concurrent with the submission of each list described in paragraph 1 the Secretary shall publish the unclassified portion of such list in the Federal Register 3 ONGOING REVISIONS —The Secretary shall make additions or deletions to the most recent list submitted under paragraph 1 on an ongoing basis based on the latest information available c CONSULTATION —The Secretary may consult with the head of any appropriate Federal department or agency in making the determinations described in subsection a and shall transmit a copy of each list submitted under subsection b 1 to the heads of each appropriate Federal department and agency d DEFINITIONS —In this section 1 CHINESE MILITARY COMPANY —The term ‘‘Chinese military company’’— A does not include natural persons and B means an entity that is— i I directly or indirectly owned controlled or beneficially owned by or in an official or unofficial capacity acting as an agent of or on behalf of the People’s Liberation Army or any other organization H R 6395—579 subordinate to the Central Military Commission of the Chinese Communist Party or II identified as a military-civil fusion contributor to the Chinese defense industrial base and ii engaged in providing commercial services manufacturing producing or exporting 2 MILITARY-CIVIL FUSION CONTRIBUTOR —The term ‘‘military-civil fusion contributor’’ includes any of the following A Entities knowingly receiving assistance from the Government of China or the Chinese Communist Party through science and technology efforts initiated under the Chinese military industrial planning apparatus B Entities affiliated with the Chinese Ministry of Industry and Information Technology including research partnerships and projects C Entities receiving assistance operational direction or policy guidance from the State Administration for Science Technology and Industry for National Defense D Any entities or subsidiaries defined as a ‘‘defense enterprise’’ by the State Council of the People’s Republic of China E Entities residing in or affiliated with a militarycivil fusion enterprise zone or receiving assistance from the Government of China through such enterprise zone F Entities awarded with receipt of military production licenses by the Government of China such as a Weapons and Equipment Research and Production Unit Classified Qualification Permit Weapons and Equipment Research and Production Certificate Weapons and Equipment Quality Management System Certificate or Equipment Manufacturing Unit Qualification G Entities that advertise on national provincial and non-governmental military equipment procurement platforms in the People’s Republic of China H Any other entities the Secretary determines is appropriate 3 PEOPLE’S LIBERATION ARMY —The term ‘‘People’s Liberation Army’’ means the land naval and air military services the People’s Armed Police the Strategic Support Force the Rocket Force and any other related security element within the Government of China or the Chinese Communist Party that the Secretary determines is appropriate SEC 1260I REPORT ON DIRECTED USE OF FISHING FLEETS a REPORT REQUIRED —Not later than 180 days after the date of the enactment of this Act the Commander of the Office of Naval Intelligence shall submit to the appropriate congressional committees an unclassified report on the use of distant-water fishing fleets by foreign governments as extensions of such countries’ official maritime security forces including the manner and extent to which such fishing fleets are leveraged in support of naval operations and foreign policy more generally The report shall also consider the threats on a country-by-country basis posed by such use of distant-water fishing fleets to— 1 fishing or other vessels of the United States and partner countries H R 6395—580 2 United States and partner naval and coast guard operations and 3 other interests of the United States and partner countries b APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —For purposes of this section the term ‘‘appropriate congressional committees’’ means— 1 the congressional defense committees 2 the Committee on Foreign Relations and the Committee on Commerce Science and Transportation of the Senate and 3 the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives Subtitle G—Sudan Democratic Transition Accountability and Fiscal Transparency Act of 2020 SEC 1261 SHORT TITLE This subtitle may be cited as the ‘‘Sudan Democratic Transition Accountability and Fiscal Transparency Act of 2020’’ SEC 1262 DEFINITIONS Except as otherwise provided in this subtitle 1 APPROPRIATE CONGRESSIONAL COMMITTEES —The term ‘‘appropriate congressional committees’’ means— A the Committee on Foreign Relations of the Senate B the Committee on Appropriations of the Senate C the Committee on Foreign Affairs of the House of Representatives and D the Committee on Appropriations of the House of Representatives 2 INTERNATIONAL FINANCIAL INSTITUTIONS —The term ‘‘international financial institutions’’ means— A the International Monetary Fund B the International Bank for Reconstruction and Development C the International Development Association D the International Finance Corporation E the Inter-American Development Bank F the Asian Development Bank G the Inter-American Investment Corporation H the African Development Bank I the European Bank for Reconstruction and Development J the Multilateral Investment Guaranty Agency and K any multilateral financial institution established after the date of the enactment of this Act that could provide financial assistance to the Government of Sudan 3 SOVEREIGNTY COUNCIL —The term ‘‘Sovereignty Council’’ means the governing body of Sudan during the transitional period that consists of— A 5 civilians selected by the Forces of Freedom and Change B 5 members selected by the Transitional Military Council and H R 6395—581 C 1 member selected by agreement between the Forces of Freedom and Change and the Transitional Military Council 4 SUDANESE SECURITY AND INTELLIGENCE SERVICES —The term ‘‘Sudanese security and intelligence services’’ means— A the Sudan Armed Forces B the Rapid Support Forces C Sudan’s Popular Defense Forces and other paramilitary units D Sudan’s police forces E the General Intelligence Service previously known as the National Intelligence and Security Services and F related entities such as Sudan’s Military Industry Corporation 5 TRANSITIONAL PERIOD —The term ‘‘transitional period’’ means the 39-month period beginning on August 17 2019 the date of the signing of Sudan’s constitutional charter during which— A the members of the Sovereignty Council described in paragraph 3 B select a chair of the Council for the first 21 months of the period and B the members of the Sovereignty Council described in paragraph 3 A select a chair of the Council for the remaining 18 months of the period SEC 1263 STATEMENT OF POLICY It is the policy of the United States— 1 to support a civilian-led political transition in Sudan that results in a democratic government which is accountable to its people respects and promotes human rights is at peace internally and with its neighbors and can be a partner for regional stability 2 to support the implementation of Sudan’s constitutional charter for the transitional period and 3 to pursue a strategy of calibrated engagement with Sudan that includes— A facilitating an environment for free fair and credible democratic elections and a pluralistic and representative political system B supporting reforms that improve transparency and accountability remove restrictions on civil and political liberties and strengthen the protection of human rights including religious freedom C strengthening civilian institutions judicial independence and the rule of law D empowering civil society and independent media E promoting national reconciliation and enabling a just comprehensive and sustainable peace F promoting the role of women in government the economy and society in recognition of the seminal role that women played in the social movement that ousted former president Omar al-Bashir G promoting accountability for genocide war crimes crimes against humanity and sexual and gender-based violence H encouraging the development of civilian oversight over and professionalization of the Sudanese security and H R 6395—582 intelligence services and strengthening accountability for human rights violations and abuses corruption or other abuses of power I promoting economic reform private sector engagement and inclusive economic development while combating corruption and illicit economic activity including that which involves the Sudanese security and intelligence services J securing unfettered humanitarian access across all regions of Sudan K supporting improved development outcomes domestic resource mobilization and catalyzing marketbased solutions to improve access to health education water and sanitation and livelihoods and L promoting responsible international and regional engagement SEC 1264 SUPPORT FOR DEMOCRATIC GOVERNANCE RULE OF LAW HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS a SENSE OF CONGRESS —It is the sense of Congress that the political transition in Sudan following several months of popular protests against the regime of Omar al-Bashir represents an opportunity for the United States to support democracy good governance rule of law human rights and fundamental freedoms in Sudan b IN GENERAL —Notwithstanding any other provision of law other than the Trafficking Victims Protection Act of 2000 and the Child Soldiers Prevention Act of 2008 the President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assistance Act of 1961 22 U S C 2151 et seq and 2346 et seq — 1 to provide for democracy and governance programs that strengthen and build the capacity of representative civilian government institutions political parties and civil society in Sudan 2 to support the organization of free fair and credible elections in Sudan 3 to provide technical support for legal and policy reforms that improve transparency and accountability and protect human rights including religious freedom and civil liberties in Sudan 4 to support human rights and fundamental freedoms in Sudan including the freedoms of— A religion or belief B expression including for members of the press C assembly and D association 5 to support measures to improve and increase women’s participation in the political economic and social sectors of Sudan and 6 to support other related democracy good governance rule of law and fundamental freedom programs and activities c AUTHORIZATION OF APPROPRIATIONS —Of the amounts authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 22 U S C 2151 et seq and 2346 et seq for fiscal years 2021 and 2022 H R 6395—583 $20 000 000 is authorized to be appropriated for each such fiscal year to carry out this section SEC 1265 SUPPORT FOR DEVELOPMENT PROGRAMS a IN GENERAL —Notwithstanding any other provision of law other than the Trafficking Victims Protection Act of 2000 and the Child Soldiers Prevention Act of 2008 the President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assistance Act of 1961 22 U S C 2151 et seq and 2346 et seq and under the Better Utilization of Investments Leading to Development Act of 2018 22 U S C 9601 et seq for programs in Sudan— 1 to increase agricultural and livestock productivity 2 to promote economic growth increase private sector productivity and advance market-based solutions to address development challenges 3 to support women’s economic empowerment and economic opportunities for youth and previously marginalized populations 4 to improve equal access to quality basic education 5 to support the capacity of universities to equip students to participate in a pluralistic and global society through virtual exchange and other programs 6 to improve access to water sanitation and hygiene projects 7 to build the capacity of national and subnational government officials to support the transparent management of public resources promote good governance through combating corruption and improving accountability increase economic productivity and increase domestic resource mobilization and 8 to support other related economic assistance programs and activities b AUTHORIZATION OF APPROPRIATIONS —Of the amounts authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 22 U S C 2151 et seq and 2346 et seq for fiscal years 2021 and 2022 $80 000 000 is authorized to be appropriated for each such fiscal year to carry out this section SEC 1266 SUPPORT FOR CONFLICT MITIGATION a IN GENERAL —Notwithstanding any other provision of law other than the Trafficking Victims Protection Act of 2000 and the Child Soldiers Prevention Act of 2008 the President is authorized to provide assistance under part I and chapters 4 5 and 6 of part II of the Foreign Assistance Act of 1961 22 U S C 2151 et seq 2346 et seq and 2348 et seq — 1 to support long-term peace and stability in Sudan by promoting national reconciliation and enabling a just comprehensive and sustainable peace especially in regions that have been underdeveloped or affected by war such as the states of Darfur South Kordofan Blue Nile Red Sea and Kassala 2 to support civil society and other organizations working to address conflict prevention mitigation and resolution mechanisms and people-to-people reconciliation in Sudan especially those addressing issues of marginalization and vulnerable groups equal protection under the law natural resource H R 6395—584 management compensation and restoration of property voluntary return and sustainable solutions for displaced persons and refugees 3 to strengthen civilian oversight of the Sudanese security and intelligence services and ensure that such services are not contributing to the perpetuation of conflict in Sudan and to the limitation of the civil liberties of all people in Sudan 4 to assist in the human rights vetting and professional training of security force personnel due to be employed or deployed by the Sudanese security and intelligence services in regions that have been underdeveloped or affected by war such as the states of Darfur South Kordofan Blue Nile Red Sea and Kassala including members of any security forces being established pursuant to a peace agreement relating to such regions 5 to support provisions of the Comprehensive Peace Agreement of 2005 and Abyei protocol as appropriate unless otherwise superseded by a new agreement signed in good faith— A between stakeholders in this region and the Governments of Sudan and South Sudan to hold a free fair and credible referendum on the status of Abyei and B between stakeholders in this region and the Government of Sudan to support popular consultations on the status of the states of South Kordofan and Blue Nile and 6 to support other related conflict mitigation programs and activities b AUTHORIZATION OF APPROPRIATIONS —Of the amounts authorized to be appropriated to carry out part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961 22 U S C 2151 et seq 2346 et seq and 2348 et seq for fiscal years 2021 and 2022 $20 000 000 is authorized to be appropriated for each such fiscal year to carry out this section SEC 1267 SUPPORT FOR ACCOUNTABILITY FOR WAR CRIMES CRIMES AGAINST HUMANITY AND GENOCIDE IN SUDAN a SENSE OF CONGRESS —It is the sense of Congress that the Secretary of State should conduct robust diplomatic engagement to promote accountability and provide technical support to ensure that credible transparent and independent investigations of gross violations of human rights perpetrated by the Government of Sudan under former President Omar al-Bashir and the Transitional Military Council since June 30 1989 b IN GENERAL —Notwithstanding any other provision of law other than the Trafficking Victims Protection Act of 2000 and the Child Soldiers Prevention Act of 2008 the President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assistance Act of 1961 22 U S C 2151 et seq and 2346 et seq — 1 to build the capacity of civilian investigators within and outside of Sudan on how to document investigate develop findings of identify and locate those responsible for war crimes crimes against humanity or genocide in Sudan 2 to collect document and protect evidence of war crimes crimes against humanity and genocide in Sudan and preserve the chain of custody for such evidence including by providing H R 6395—585 support for Sudanese foreign and international nongovernmental organizations and other entities engaged in such investigative activities 3 to build Sudan’s judicial capacity to support prosecutions in domestic courts and support investigations by hybrid or international courts as appropriate 4 to protect witnesses who participate in court proceedings or other transitional justice mechanisms and 5 to support other related conflict mitigation programs and activities c AUTHORIZATION OF APPROPRIATIONS —Of the amounts authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 22 U S C 2151 et seq and 2346 et seq for fiscal years 2021 and 2022 $10 000 000 is authorized to be appropriated for each such fiscal year to carry out this section SEC 1268 SUSPENSION OF ASSISTANCE a IN GENERAL —The President is authorized to suspend the provision of assistance authorized under section 1264 1265 1266 or 1267 to the Government of Sudan if the President determines that conditions in Sudan or the composition of the Government of Sudan changes such that it is no longer in the United States national interest to continue to provide such assistance b REPORT —Not later than 30 days after making a determination under subsection a the President shall submit to the appropriate congressional committees a report that describes— 1 the political and security conditions in Sudan that led to such determination and 2 any planned diplomatic engagement to restart the provision of such assistance SEC 1269 MULTILATERAL ASSISTANCE a SENSE OF THE CONGRESS —It is the sense of the Congress that— 1 Sudan’s economic challenges are a legacy of decades of kleptocracy economic mismanagement and war 2 Sudan’s economic recovery will depend on— A combating corruption and illicit economic activity B ending internal conflicts in the states of Darfur South Kordofan and Blue Nile and C promoting inclusive economic growth and development and 3 the COVID–19 outbreak constitutes a grave danger to Sudan’s economic stability public health and food security and jeopardizes the transition to a civilian-led government that promotes the democratic aspirations of the Sudanese people b RESPONDING TO THE COVID–19 OUTBREAK —During the transitional period and notwithstanding any other provision of law the Secretary of the Treasury may instruct the United States Executive Director at each international financial institution to use the voice and vote of the United States to support loans or other utilization of the funds of the respective institution for Sudan for the purpose of addressing basic human needs responding to the COVID–19 outbreak and its impact on the country’s economic stability or promoting democracy governance or public financial management in Sudan H R 6395—586 c DEBT RELIEF —Upon the removal of Sudan from the State Sponsors of Terrorism List and once the Sovereignty Council is chaired by a civilian leader the Secretary of the Treasury and the Secretary of State should engage with international financial institutions and other bilateral official creditors to advance agreement through the Heavily Indebted Poor Countries HIPC Initiative to restructure reschedule or cancel the sovereign debt of Sudan d REPORTING REQUIREMENT —Not later than 3 months after the date of the enactment of this Act and not less frequently than once every 6 months thereafter during the transitional period the Secretary of the Treasury in consultation with the Secretary of State shall report to the appropriate congressional committees regarding the extent to which the transitional government of Sudan has taken demonstrable steps to strengthen governance and improve fiscal transparency including— 1 establishing civilian control over the finances and assets of the Sudanese security and intelligence services 2 developing a transparent budget that accounts for all expenditures related to the security and intelligence services 3 identifying the shareholdings in all public and private companies not exclusively dedicated to the national defense held or managed by the security and intelligence services and publicly disclosing evaluating and transferring all such shareholdings to the Ministry of Finance of the Government of Sudan or to any specialized entity of the Government of Sudan established under law for this purpose which is ultimately accountable to a civilian authority 4 ceasing the involvement of the security and intelligence services officials and their immediate family members in the illicit trade in mineral resources including petroleum and gold 5 implementing a publicly transparent methodology for the Government of Sudan to recover evaluate hold manage or divest any state assets and the profits derived from the assets that may have been transferred to the National Congress Party an affiliate of the National Congress Party or an official of the National Congress Party in the individual capacity of such an official 6 identifying and monitoring the nature and purpose of offshore financial resources controlled by the security and intelligence services and 7 strengthening banking regulation and supervision and addressing anti-money laundering and counter-terrorism financing deficiencies e APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —Notwithstanding section 1262 in this section the term ‘‘appropriate congressional committees’’ means— 1 the Committee on Foreign Relations of the Senate 2 the Committee on Appropriations of the Senate 3 Committee on Foreign Affairs of the House of Representatives 4 the Committee on Appropriations of the House of Representatives and 5 the Committee on Financial Services of the House of Representatives H R 6395—587 SEC 1270 COORDINATED SUPPORT TO RECOVER ASSETS STOLEN FROM THE SUDANESE PEOPLE The Secretary of State in coordination with the Secretary of the Treasury and the Attorney General shall seek to advance the efforts of the Government of Sudan to recover assets stolen from the Sudanese people including with regard to international efforts— 1 to identify and track assets taken from the people and institutions of Sudan through theft corruption money laundering or other illicit means and 2 with respect to assets identified pursuant to paragraph 1 to work with foreign governments and international organizations— A to share financial investigations intelligence as appropriate B to oversee and manage the assets identified pursuant to paragraph 1 C to advance civil forfeiture litigation as appropriate including providing technical assistance to help governments establish the necessary legal framework to carry out asset forfeitures and D to work with the Government of Sudan to ensure that a credible mechanism is established to ensure that any recovered assets are managed in a transparent and accountable fashion and ultimately used for the benefit of the Sudanese people provided that— i returned assets are not used for partisan political purposes and ii there are robust financial management and oversight measures to safeguard repatriated assets SEC 1270A LIMITATION ON ASSISTANCE TO THE SUDANESE SECURITY AND INTELLIGENCE SERVICES a IN GENERAL —The President may not provide assistance other than assistance authorized under section 1266 to the Sudanese security and intelligence services until the President submits to Congress a certification that the Government of Sudan has met the conditions described in subsection c b EXCEPTION WAIVER — 1 EXCEPTION —The Secretary of State may as appropriate and notwithstanding any other provision of law provide assistance for the purpose of professionalizing the Sudanese security and intelligence services through institutions such as the Africa Center for Strategic Studies and the United States Institute of Peace 2 WAIVER —The President may waive the limitation on the provision of assistance under subsection a if not later than 30 days before the assistance is to be provided the President submits to the appropriate congressional committees— A a list of the activities and participants to which such waiver would apply B a justification that the waiver is in the national security interest of the United States and C a certification that the participants have met the requirements of either section 620M of the Foreign Assistance Act of 1961 22 U S C 2378d for programs funded through Department of State appropriations or section 362 H R 6395—588 of title 10 United States Code for programs funded through Department of Defense appropriations c CONDITIONS — 1 IN GENERAL —The conditions described in this subsection are that the Sudanese security and intelligence services— A have demonstrated progress in undertaking security sector reform including reforms that professionalize such security and intelligence services improve transparency and reforms to the laws governing the Sudanese security forces such as of the National Security Act 2010 and the Armed Forces Act 2007 B support efforts to respect human rights including religious freedom and hold accountable any members of such security and intelligence services responsible for human rights violations and abuses including by taking demonstrable steps to cooperate with local or international mechanisms of accountability to ensure that those responsible for war crimes crimes against humanity and genocide committed in Sudan are brought to justice C are under civilian oversight subject to the rule of law and are not undertaking actions to undermine a civilian-led transitional government or an elected civilian government D have refrained from targeted attacks against religious or ethnic minority groups have negotiated in good faith during the peace process and constructively participated in the implementation of any resulting peace agreements and do not impede inclusive political participation E allow unfettered humanitarian access by United Nations organizations and specialized agencies and domestic and international humanitarian organizations to civilian populations in conflict-affected areas F cooperate with the United Nations High Commissioner for Refugees and organizations affiliated with the United Nations to allow for the protection of displaced persons and the safe voluntary sustainable and dignified return of refugees and internally displaced persons and G take constructive steps to investigate all reports of unlawful recruitment of children by Sudanese security forces and prosecute those found to be responsible 2 FORM —The certification described in subsection a containing the conditions described in paragraph 1 shall be submitted in unclassified form but may include a classified annex d SUNSET —This section shall terminate on the date that is the earlier of— 1 the date that is 2 years after the date of the enactment of this Act or 2 the date on which the President determines that a successful rotation of military to civilian leadership in the Sovereignty Council has occurred SEC 1270B REPORTS a REPORT ON ACCOUNTABILITY FOR HUMAN RIGHTS ABUSES — Not later than 180 days after the date of the enactment of this Act and annually thereafter for 2 years the President shall submit a report to the appropriate congressional committees that— H R 6395—589 1 summarizes reports of gross violations of human rights including sexual and gender-based violence committed against civilians in Sudan including members of the Sudanese security and intelligence services or any associated militias between December 2018 and the date of the submission of the report 2 provides an update on any potential transitional justice mechanisms in Sudan to investigate charge and prosecute alleged perpetrators of gross violations of human rights in Sudan since June 30 1989 including with respect to the June 3 2019 massacre in Khartoum 3 provides an analysis of whether the gross violations of human rights summarized pursuant to paragraph 1 amount to war crimes crimes against humanity or genocide and 4 identifies specific cases since the beginning of the transitional period in which members of the Sudanese security and intelligence services have been charged and prosecuted for actions that constitute gross violations of human rights perpetrated since June 30 1989 b REPORT ON CERTAIN ACTIVITIES AND FINANCES OF SENIOR OFFICIALS OF THE GOVERNMENT OF SUDAN —Not later than 180 days after the date of the enactment of this Act and 1 year thereafter the President shall submit a report to the appropriate congressional committees that— 1 describes the actions and involvement of any previous or current senior officials of the Government of Sudan since the establishment of the transitional government in August 2019 in— A directing carrying out or overseeing gross violations of human rights B directing carrying out or overseeing the unlawful use or recruitment of children by armed groups or armed forces in the context of conflicts in Sudan Libya Yemen or other countries C directing carrying out or colluding in significant acts of corruption D directing carrying out or overseeing any efforts to circumvent the establishment of civilian control over the finances and assets of the Sudanese security and intelligence services or E facilitating supporting or financing terrorist activity in Sudan or other countries 2 identifies Sudanese and foreign financial institutions including offshore financial institutions in which senior officials of the Government of Sudan whose actions are described in paragraph 1 hold significant assets and provides an estimate of the value of such assets 3 identifies any information United States Government agencies have obtained since August 2019 regarding persons foreign governments and Sudanese or foreign financial institutions that knowingly facilitate finance or otherwise benefit from corruption or illicit economic activity in Sudan including the export of mineral resources and in particular if that trade is violating any United States restrictions that remain in place by legislation or Executive order 4 identifies any information United States Government agencies have obtained since August 2019 regarding senior officials of the Government of Sudan who are personally H R 6395—590 involved in the illicit trade in mineral resources including petroleum and gold and 5 identifies any information United States Government agencies have obtained since August 2019 regarding individuals or foreign governments that have provided funds to individual members of the Sovereignty Council or the Cabinet outside of the Central Bank of Sudan or the Ministry of Finance c REPORT ON SANCTIONS PURSUANT TO EXECUTIVE ORDER NO 13400 —Not later than 180 days after the date of the enactment of this Act the President shall submit a report to the appropriate congressional committees that identifies the senior Sudanese government officials that President determines meet the criteria to be sanctionable pursuant to Executive Order No 13400 71 Fed Reg 25483 relating to blocking property of persons in connection with the conflict in Sudan’s Darfur region d FORM —The reports required under subsections b and c shall be submitted in unclassified form but may include a classified annex SEC 1270C UNITED STATES STRATEGY FOR SUPPORT TO A CIVILIANLED GOVERNMENT IN SUDAN a IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary of State in coordination with the Administrator of the United States Agency for International Development and the Secretary of the Treasury shall submit a strategy to the appropriate congressional committees that includes— 1 a clear articulation of specific United States goals and objectives with respect to a successful completion of the transitional period and a plan to achieve such goals and objectives 2 a description of assistance and diplomatic engagement to support a civilian-led government in Sudan for the remainder of the transitional period including any possible support for the organization of free fair and credible elections 3 an assessment of the legal and policy reforms that have been and need to be taken by the government in Sudan during the transitional period in order to promote— A human rights B freedom of religion speech press assembly and association and C accountability for human rights abuses including for sexual and gender-based violence perpetrated by members of the Sudanese security and intelligence services 4 a description of efforts to address the legal and policy reforms mentioned in paragraph 3 5 a description of humanitarian and development assistance to Sudan and a plan for coordinating such assistance with international donors regional partners and local partners 6 a description of monitoring and evaluation plans for all forms of assistance to be provided under the strategy in accordance with the monitoring and evaluation requirements of section 4 of the Foreign Aid Transparency and Accountability Act of 2016 Public Law 114–191 including a detailed description of all associated goals and benchmarks for measuring impact and 7 an assessment of security sector reforms undertaken by the Government of Sudan including efforts to demobilize H R 6395—591 or integrate militias and to foster civilian control of the armed services b REPORT —Not later than 1 year after the date of the enactment of this Act the Secretary of State in coordination with the Administrator of the United States Agency for International Development and the Secretary of the Treasury shall submit a report to the appropriate congressional committees that includes— 1 a detailed description of the efforts taken to implement this subtitle and 2 recommendations for legislative or administrative measures to facilitate the implementation of this subtitle SEC 1270D AMENDMENTS TO THE DARFUR PEACE AND ACCOUNTABILITY ACT OF 2006 Section 8 c 1 of the Darfur Peace and Accountability Act of 2006 Public Law 109–344 50 U S C 1701 note is amended by striking ‘‘Southern Sudan ’’ and all that following through ‘‘Khartoum ’’ and inserting ‘‘Sudan’’ SEC 1270E REPEAL OF SUDAN PEACE ACT AND THE COMPREHENSIVE PEACE IN SUDAN ACT a SUDAN PEACE ACT —Effective January 1 2020 the Sudan Peace Act Public Law 107–245 50 U S C 1701 note is repealed b COMPREHENSIVE PEACE IN SUDAN ACT —Effective January 1 2020 the Comprehensive Peace in Sudan Act of 2004 Public Law 108–497 50 U S C 1701 note is repealed Subtitle H—United States Israel Security Assistance Authorization Act of 2020 SEC 1271 SHORT TITLE This subtitle may be cited as the ‘‘United States-Israel Security Assistance Authorization Act of 2020’’ SEC 1272 SENSE OF CONGRESS ON UNITED STATES-ISRAEL RELATIONSHIP It is the sense of Congress that— 1 the strong and enduring relationship between the United States and Israel is in the national security interests of both countries 2 the United States should continue to provide assistance to the Government of Israel for the development and acquisition of the advanced capabilities that Israel requires to meet its security needs and to enhance United States capabilities 3 such assistance is critical as Israel confronts a number of security challenges including continuing threats from Iran 4 the memorandum of understanding signed by the United States and Israel on September 14 2016 including the provisions of the memorandum relating to missile and rocket defense cooperation continues to be a critical component of the bilateral relationship and 5 science and technology innovations present promising new opportunities for future United States-Israel economic and security cooperation H R 6395—592 SEC 1273 SECURITY ASSISTANCE FOR ISRAEL Section 513 c of the Security Assistance Act of 2000 Public Law 106–280 114 Stat 856 is amended— 1 in paragraph 1 by striking ‘‘2002 and 2003’’ and inserting ‘‘2021 2022 2023 2024 2025 2026 2027 and 2028’’ and 2 in paragraph 2 by striking ‘‘equal to—’’ and all that follows and inserting ‘‘not less than $3 300 000 000 ’’ SEC 1274 EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY a DEPARTMENT OF DEFENSE APPROPRIATIONS ACT 2005 — Section 12001 d of the Department of Defense Appropriations Act 2005 Public Law 108–287 118 Stat 1011 is amended by striking ‘‘September 30 2020’’ and inserting ‘‘after September 30 2025’’ b FOREIGN ASSISTANCE ACT OF 1961 —Section 514 b 2 A of the Foreign Assistance Act of 1961 22 U S C 2321h b 2 A is amended by striking ‘‘2013 2014 2015 2016 2017 2018 2019 and 2020’’ and inserting ‘‘2021 2022 2023 2024 and 2025’’ SEC 1275 RULES GOVERNING THE TRANSFER OF PRECISION-GUIDED MUNITIONS TO ISRAEL ABOVE THE ANNUAL RESTRICTION a IN GENERAL —Notwithstanding section 514 b of the Foreign Assistance Act of 1961 22 U S C 2321h b and subject to subsections b and c of this section the President acting through the Secretary of Defense and with the concurrence of the Secretary of State is authorized to transfer to Israel precision-guided munitions from reserve stocks including the War Reserve Stockpile for Allies-Israel consistent with— 1 all other requirements set forth in the Foreign Assistance Act of 1961 22 U S C 2151 et seq and 2 the requirements set forth in the Arms Export Control Act 22 U S C 2751 et seq b CONDITIONS —Except in the case of an emergency as determined by the President a transfer under subsection a of this section may only occur if the transfer— 1 does not affect the ability of the United States to maintain a sufficient supply of precision-guided munitions to satisfy United States warfighting requirements 2 does not harm the combat readiness of the United States 3 does not affect the ability of the United States to meet its commitments to allies with respect to the transfer of precision-guided munitions and 4 is in the national security interest of the United States c CERTIFICATION — 1 IN GENERAL —Except in the case of an emergency as determined by the President not later than 15 days before making a transfer under subsection a of this section the Secretary of Defense with the concurrence of the Secretary of State shall certify to the appropriate congressional committees that the transfer meets the conditions specified in subsection b of this section 2 EMERGENCIES —In the case of an emergency as determined by the President not later than 5 days after making a transfer under subsection a of this section the President shall— H R 6395—593 A certify to the appropriate congressional committees that the transfer supports the national security interests of the United States and B provide to the appropriate committees of Congress an assessment of the impacts risks and mitigation measures with respect to the matters referred to in paragraphs 1 through 4 of subsection b of this section d ASSESSMENT — 1 IN GENERAL —The Secretary of Defense shall conduct an assessment with respect to the following matters A The current quantity and type of precision-guided munitions in the stockpile pursuant to section 12001 d of the Department of Defense Appropriations Act 2005 Public Law 108–287 118 Stat 1011 as amended B The quantity and type of precision-guided munitions necessary for Israel to combat Hezbollah and hostile forces that threaten Israel C The quantity and type of precision-guided munitions necessary for Israel in the event of a sustained armed confrontation with other armed groups and terrorist organizations D The current United States inventory of precisionguided munitions of the type specified in subparagraphs A B and C and ability of that inventory to meet requirements of current Operation Plans E Department of Defense efforts to expand precisionguided munitions production and stockpiles to meet operational requirements F Israel’s efforts to expand precision-guided munitions production and stockpiles to meet operational requirements 2 REPORT — A IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall submit to the appropriate congressional committees a report on the results of the assessment required by paragraph 1 including a description of such results with respect to each matter described in that paragraph B FORM —The report required by subparagraph A shall be submitted in classified form e TERMINATION —The authority of the President to transfer precision-guided munitions under this section shall terminate on the date that is three years after the date of the enactment of this Act SEC 1276 ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING REQUIREMENTS Not later than 120 days after the date of the enactment of this Act the Secretary of State shall brief the appropriate congressional committees by describing the steps taken to include Israel in the list of countries eligible for the strategic trade authorization exception under section 740 20 c 1 of title 15 Code of Federal Regulations as required under section 6 b of the United StatesIsrael Strategic Partnership Act of 2014 Public Law 113–296 128 Stat 4076 22 U S C 8603 note H R 6395—594 SEC 1277 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MEMORANDA OF UNDERSTANDING TO ENHANCE COOPERATION WITH ISRAEL The Secretary of State acting through the Administrator of the United States Agency for International Development may enter into memoranda of understanding with Israel to advance common goals on energy agriculture food security democracy human rights governance economic growth trade education environment global health water and sanitation with a focus on strengthening mutual ties and cooperation with nations throughout the world SEC 1278 COOPERATIVE PROJECTS AMONG THE UNITED STATES ISRAEL AND DEVELOPING COUNTRIES Section 106 of the Foreign Assistance Act of 1961 22 U S C 2151d is amended by striking subsections e and f and inserting the following ‘‘ e There is authorized to be appropriated $2 000 000 for fiscal years 2021 through 2023 to finance cooperative projects among the United States Israel and developing countries that identify and support local solutions to address sustainability challenges relating to water resources agriculture and energy storage including— ‘‘ 1 establishing public-private partnerships ‘‘ 2 supporting the identification research development testing and scaling of innovations that focus on populations that are vulnerable to environmental and resource-scarcity crises such as subsistence farming communities ‘‘ 3 seed or transition-to-scale funding ‘‘ 4 clear and appropriate branding and marking of United States funded assistance in accordance with section 641 and ‘‘ 5 accelerating demonstrations or applications of local solutions to sustainability challenges or the further refinement testing or implementation of innovations that have previously effectively addressed sustainability challenges ’’ SEC 1279 JOINT COOPERATIVE PROGRAM RELATED TO INNOVATION AND HIGH-TECH FOR THE MIDDLE EAST REGION a SENSE OF CONGRESS —It is the sense of Congress that— 1 the United States should help foster cooperation in the Middle East region by financing and as appropriate cooperating in projects related to innovation and advanced technologies and 2 projects referred to in paragraph 1 should— A contribute to development and the quality of life in the Middle East region through the application of research and advanced technology and B contribute to Arab-Israeli cooperation by establishing strong working relationships that last beyond the life of such projects b ESTABLISHMENT —The Secretary of State acting through the Administrator of the United States Agency for International Development is authorized to seek to establish a program between the United States and appropriate regional partners to provide for cooperation in the Middle East region by supporting projects related to innovation and advanced technologies c PROJECT REQUIREMENTS —Each project carried out under the program established pursuant to subsection b — H R 6395—595 1 shall include the participation of at least one entity from Israel and one entity from another regional partner and 2 shall be conducted in a manner that appropriately protects sensitive information intellectual property the national security interests of the United States and the national security interests of Israel SEC 1280 COOPERATION ON DIRECTED ENERGY CAPABILITIES a REPORT —Not later than March 15 2021 the Secretary of Defense with the concurrence of the Secretary of State shall submit to the appropriate congressional committees a report on potential areas for directed energy cooperation b ELEMENTS —The report required by subsection a shall include the following 1 A description of any science and technology effort or research development test and evaluation effort associated with directed energy 2 A description of activities or efforts recommended for potential defense cooperation activities associated with directed energy between the United States and Israel in support of development of military capabilities of mutual benefit 3 A description of any obstacle or challenge associated with an effort described under paragraph 2 and recommendations to address such obstacle or challenge 4 A description of any authority or authorization of appropriations required for the execution of efforts described under paragraph 2 c FORM —The report required by subsection a shall be submitted in unclassified form but may contain a classified annex as determined necessary by the Secretary of Defense d PROGRAM AUTHORITY —If recommended as a result of the report required by subsection a the Secretary of Defense with the concurrence of the Secretary of State may establish a program to carry out research development test and evaluation activities on a joint basis with Israel to promote directed energy capabilities of mutual benefit to both the United States and Israel that address threats to the United States deployed forces of the United States and Israel Any activities carried out under this subsection shall be conducted in a manner that appropriately protects sensitive information intellectual property the national security interests of the United States and the national security interests of Israel Any such program shall take into consideration the recommendations of the United States-Israel Defense Acquisition Advisory Group SEC 1280A OTHER MATTERS OF COOPERATION a IN GENERAL —Activities authorized under this section shall be carried out with the concurrence of the Secretary of State and aligned with the National Security Strategy of the United States the United States Government Global Health Security Strategy the Department of State Integrated Country Strategies the USAID Country Development Cooperation Strategies and any equivalent or successor plans or strategies as necessary and appropriate b DEVELOPMENT OF HEALTH TECHNOLOGIES — 1 IN GENERAL —There is authorized to be appropriated to the Secretary of Health and Human Services $4 000 000 for fiscal years 2021 through 2023 for a bilateral cooperative program with the Government of Israel that awards grants H R 6395—596 for the development of health technologies which may include health technologies listed in paragraph 2 subject to paragraph 3 with an emphasis on collaboratively advancing the use of technology and personalized medicine in relation to COVID– 19 2 TYPES OF HEALTH TECHNOLOGIES —The health technologies described in this paragraph are technologies such as drugs and vaccines ventilators diagnostic tests and technologies to facilitate telemedicine 3 RESTRICTIONS ON FUNDING —Amounts appropriated pursuant to paragraph 1 are subject to a matching contribution from the Government of Israel 4 OPTION FOR ESTABLISHING NEW PROGRAM —Amounts appropriated pursuant to paragraph 1 may be expended for a bilateral program with the Government of Israel that— A is in existence on the day before the date of the enactment of this Act for the purposes described in paragraph 1 or B is established after the date of the enactment of this Act by the Secretary of Health and Human Services in consultation with the Secretary of State in accordance with the Agreement between the Government of the United States of America and the Government of the State of Israel on Cooperation in Science and Technology for Homeland Security Matters done at Jerusalem May 29 2008 or a successor agreement for the purposes described in paragraph 1 5 PUBLIC AVAILABILITY —The Secretary shall require as a condition of any grant awarded under this subsection that all research publications and results of such research including basic and applied research shall be made publicly available on the website of the Department of Health and Human Services c COORDINATOR OF UNITED STATES–ISRAEL RESEARCH AND DEVELOPMENT — 1 IN GENERAL —The President may designate the Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs or another appropriate Department of State official to act as Coordinator of United States-Israel Research and Development referred to in this subsection as the ‘‘Coordinator’’ 2 AUTHORITIES AND DUTIES —The Coordinator in conjunction with the heads of relevant Federal Government departments and agencies and in coordination with the Israel Innovation Authority may oversee civilian science and technology programs on a joint basis with Israel d OFFICE OF GLOBAL POLICY AND STRATEGY OF THE FOOD AND DRUG ADMINISTRATION — 1 IN GENERAL —It is the sense of Congress that the Commissioner of the Food and Drug Administration should seek to explore collaboration with Israel through the Office of Global Policy and Strategy 2 REPORT —Not later than one year after the date of the enactment of this Act the Commissioner acting through the head of the Office of Global Policy and Strategy shall submit a report describing the benefits to the United States H R 6395—597 and to Israel of opening an office in Israel for the Office of Global Policy and Strategy to— A the Committee on Foreign Relations of the Senate B the Committee on Health Education Labor and Pensions of the Senate C the Committee on Foreign Affairs of the House of Representatives and D the Committee on Energy and Commerce of the House of Representatives e UNITED STATES–ISRAEL ENERGY CENTER —There is authorized to be appropriated to the Secretary of Energy $4 000 000 for fiscal year 2021 to carry out the activities of the United StatesIsrael Energy Center established pursuant to section 917 d of the Energy Independence and Security Act of 2007 42 U S C 17337 d f UNITED STATES–ISRAEL BINATIONAL INDUSTRIAL RESEARCH AND DEVELOPMENT FOUNDATION —It is the sense of Congress that grants to promote covered energy projects conducted by or in conjunction with the United States-Israel Binational Industrial Research and Development Foundation should be funded at not less than $2 000 000 annually under section 917 b of the Energy Independence and Security Act of 2007 42 U S C 17337 b g UNITED STATES–ISRAEL COOPERATION ON ENERGY WATER HOMELAND SECURITY AGRICULTURE AND ALTERNATIVE FUEL TECHNOLOGIES —Section 7 of the United States-Israel Strategic Partnership Act of 2014 22 U S C 8606 is amended by adding at the end the following ‘‘ d AUTHORIZATION OF APPROPRIATIONS —There is authorized to be appropriated to carry out this section $2 000 000 for fiscal year 2021 ’’ h ANNUAL POLICY DIALOGUE —It is the sense of Congress that the Department of Transportation and Israel’s Ministry of Transportation should engage in an annual policy dialogue to implement the 2016 Memorandum of Cooperation signed by the Secretary of Transportation and the Israeli Minister of Transportation i COOPERATION ON SPACE EXPLORATION AND SCIENCE INITIATIVES —The Administrator of the National Aeronautics and Space Administration shall continue to work with the Israel Space Agency to identify and cooperatively pursue peaceful space exploration and science initiatives in areas of mutual interest taking all appropriate measures to protect sensitive information intellectual property trade secrets and economic interests of the United States j RESEARCH AND DEVELOPMENT COOPERATION RELATING TO DESALINATION TECHNOLOGY —Not later than one year after the date of the enactment of this Act the Director of the Office of Science and Technology Policy shall submit a report that describes research and development cooperation with international partners such as the State of Israel in the area of desalination technology in accordance with section 9 b 3 of the Water Desalination Act of 1996 42 U S C 10301 note to— 1 the Committee on Foreign Relations of the Senate 2 the Committee on Energy and Natural Resources of the Senate 3 the Committee on Foreign Affairs of the House of Representatives and 4 the Committee on Natural Resources of the House of Representatives H R 6395—598 k RESEARCH AND TREATMENT OF POSTTRAUMATIC STRESS DISORDER —It is the sense of Congress that the Secretary of Veterans Affairs should seek to explore collaboration between the Mental Illness Research Education and Clinical Centers of Excellence and Israeli institutions with expertise in researching and treating posttraumatic stress disorder SEC 1280B APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED In this subtitle the term ‘‘appropriate congressional committees’’ means— 1 the Committee on Foreign Relations and the Committee on Armed Services of the Senate and 2 the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives Subtitle I—Global Child Thrive Act of 2020 SEC 1281 SHORT TITLE This subtitle may be cited as the ‘‘Global Child Thrive Act of 2020’’ SEC 1282 SENSE OF CONGRESS It is the sense of Congress that— 1 the United States Government should continue efforts to reduce child mortality rates and increase attention on prevention efforts and early childhood development outcomes 2 investments in early childhood development ensure healthy and well-developed future generations that contribute to a country’s stability security and economic prosperity 3 efforts to provide training and education on nurturing care could result in improved early childhood development outcomes and support healthy brain development and 4 integration and cross-sector coordination of early childhood development programs is critical to ensure the efficiency effectiveness and continued implementation of such programs SEC 1283 ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY a AUTHORIZATION OF ASSISTANCE —Amounts authorized to be appropriated or otherwise made available to carry out section 135 in chapter 1 of part 1 of the Foreign Assistance Act of 1961 22 U S C 2151 et seq for each of the fiscal years 2021 through 2025 are authorized to be made available to support early childhood development activities in conjunction with relevant existing programming such as water sanitation and hygiene maternal and child health basic education nutrition and child protection b ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY —Chapter 1 of part I of the Foreign Assistance Act of 1961 22 U S C 2151 et seq is amended by adding at the end the following ‘‘SEC 137 ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY ‘‘ a DEFINITIONS —In this section ‘‘ 1 APPROPRIATE CONGRESSIONAL COMMITTEES —The term ‘appropriate congressional committees’ means— ‘‘ A the Committee on Appropriations of the Senate H R 6395—599 ‘‘ B the Committee on Foreign Relations of the Senate ‘‘ C the Committee on Appropriations of the House of Representatives and ‘‘ D the Committee on Foreign Affairs of the House of Representatives ‘‘ 2 EARLY CHILDHOOD DEVELOPMENT —The term ‘early childhood development’ means the development and learning of a child younger than 8 years of age including physical cognitive social and emotional development and approaches to learning that allow a child to reach his or her full developmental potential ‘‘ 3 EARLY CHILDHOOD DEVELOPMENT PROGRAM —The term ‘early childhood development program’ means a program that seeks to ensure that every child has the conditions for healthy growth nurturing family-based care development and learning and protection from violence exploitation abuse and neglect which may include— ‘‘ A a health safe water sanitation and hygiene program that serves pregnant women children younger than 5 years of age and the parents of such children ‘‘ B a nutrition program combined with stimulating child development activity ‘‘ C age appropriate cognitive stimulation especially for newborns infants and toddlers including an early childhood intervention program for children experiencing at-risk situations developmental delays disabilities and behavioral and mental health conditions ‘‘ D an early learning 36 months and younger preschool and basic education program for children until they reach 8 years of age or complete primary school or ‘‘ E a child protection program with an emphasis on the promotion of permanent safe and nurturing families rather than placement in residential care or institutions including for children with disabilities ‘‘ 4 RELEVANT FEDERAL DEPARTMENTS AND AGENCIES —The term ‘relevant Federal departments and agencies’ means— ‘‘ A the Department of State ‘‘ B the United States Agency for International Development ‘‘ C the Department of the Treasury ‘‘ D the Department of Labor ‘‘ E the Department of Education ‘‘ F the Department of Agriculture ‘‘ G the Department of Defense ‘‘ H the Department of Health and Human Services including— ‘‘ i the Centers for Disease Control and Prevention and ‘‘ ii the National Institutes of Health ‘‘ I the Millennium Challenge Corporation ‘‘ J the Peace Corps and ‘‘ K any other department or agency specified by the President for the purposes of this section ‘‘ 5 RESIDENTIAL CARE —The term ‘residential care’ means care provided in any non-family-based group setting including orphanages transit or interim care centers children’s homes children’s villages or cottage complexes group homes and H R 6395—600 boarding schools used primarily for care purposes as an alternative to a children’s home ‘‘ b STATEMENT OF POLICY —It is the policy of the United States— ‘‘ 1 to support early childhood development in relevant foreign assistance programs including by integrating evidencebased efficient and effective interventions into relevant strategies and programs in coordination with partner countries other donors international organizations international financial institutions local and international nongovernmental organizations private sector partners and civil society including faithbased and community-based organizations and ‘‘ 2 to encourage partner countries to lead early childhood development initiatives that include incentives for building local capacity for continued implementation and measurable results by— ‘‘ A scaling up the most effective evidence-based national interventions including for the most vulnerable populations and children with disabilities and developmental delays with a focus on adaptation to country resources cultures and languages ‘‘ B designing implementing monitoring and evaluating programs in a manner that enhances their quality transparency equity accountability efficiency and effectiveness in improving child and family outcomes in partner countries and ‘‘ C utilizing and expanding innovative public-private financing mechanisms ‘‘ c IMPLEMENTATION — ‘‘ 1 IN GENERAL —Not later than 1 year after the date of the enactment of this section the Administrator of the United States Agency for International Development on behalf of the President and in coordination with the Secretary of State shall direct relevant Federal departments and agencies— ‘‘ A to incorporate to the extent practical and relevant early childhood development into foreign assistance programs to be carried out during the following 5 fiscal years and ‘‘ B to promote inclusive early childhood development in partner countries ‘‘ 2 ELEMENTS —In carrying out paragraph 1 the Administrator the Secretary and the heads of other relevant Federal departments and agencies as appropriate shall— ‘‘ A build on the evidence and priorities outlined in ‘Advancing Protection and Care for Children in Adversity A U S Government Strategy for International Assistance 2019–2023’ published in June 2019 referred to in this section as ‘APCCA’ ‘‘ B to the extent practicable identify evidence-based strategic priorities indicators outcomes and targets particularly emphasizing the most vulnerable populations and children with disabilities and developmental delays to support inclusive early childhood development ‘‘ C support the design implementation and evaluation of pilot projects in partner countries with the goal of taking such projects to scale H R 6395—601 ‘‘ D support inclusive early childhood development within all relevant sector strategies and public laws including— ‘‘ i the Global Water Strategy required under section 136 j ‘‘ ii the whole-of-government strategy required under section 5 of the Global Food Security Act of 2016 22 U S C 9304 note ‘‘ iii the Basic Education Strategy set forth in section 105 c ‘‘ iv the U S Government Global Nutrition Coordination Plan 2016–2021 and ‘‘ v APCCA and others as appropriate ‘‘ E improve coordination with foreign governments and international and regional organizations with respect to official country policies and plans to improve early childhood development maternal newborn and child health and nutrition care basic education water sanitation and hygiene and child protection plans which promote nurturing appropriate protective and permanent family care while reducing the percentage of children living outside of family care including in residential care or on the street and ‘‘ F consult with partner countries other donors international organizations international financial institutions local and international nongovernmental organizations private sector partners and faith-based and community-based organizations as appropriate ‘‘ d ANNUAL REPORT ON THE IMPLEMENTATION OF THE STRATEGY —The Special Advisor for Children in Adversity shall include in the annual report required under section 5 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005 22 U S C 2152g which shall be submitted to the appropriate congressional committees and made publicly available a description of— ‘‘ 1 the progress made toward integrating early childhood development interventions into relevant strategies and programs ‘‘ 2 the efforts made by relevant Federal departments and agencies to implement subsection c with a particular focus on the activities described in such subsection and ‘‘ 3 the progress achieved during the reporting period toward meeting the goals objectives benchmarks and timeframes described in subsection c at the program level along with specific challenges or gaps that may require shifts in targeting or financing in the following fiscal year ‘‘ e INTERAGENCY TASK FORCE —The Special Advisor for Assistance to Orphans and Vulnerable Children should establish and regularly convene an Interagency Working Group on Children in Adversity which among other things will coordinate— ‘‘ 1 intergovernmental and interagency monitoring evaluation and reporting of the activities carried out pursuant to this section ‘‘ 2 early childhood development initiatives that include children with a variety of needs and circumstances and H R 6395—602 ‘‘ 3 United States Government early childhood development programs strategies and partnerships across relevant Federal departments and agencies ’’ SEC 1284 SPECIAL ADVISOR FOR ASSISTANCE TO ORPHANS AND VULNERABLE CHILDREN Section 135 e 2 of the Foreign Assistance Act of 1961 22 U S C 2152f e 2 is amended— 1 by amending subparagraph A to read as follows ‘‘ A Coordinate assistance to orphans and other vulnerable children among the relevant Federal agencies and officials ’’ and 2 in subparagraph B by striking ‘‘the various offices bureaus and field missions within the United States Agency for International Development’’ and inserting ‘‘the relevant Federal branch agencies and officials’’ SEC 1285 RULE OF CONSTRUCTION Nothing in the amendments made by this subtitle may be construed to restrict or abrogate any other authorization for United States Agency for International Development activities or programs 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 a BRIEFING REQUIRED — 1 IN GENERAL —If the Department of Defense reduces the number of covered United States Armed Forces in fiscal year 2021 to a number that is below 80 percent of the number deployed as of the date of the enactment of this Act the Secretary of Defense shall not later than 30 days after the date of such a reduction provide a briefing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives 2 ELEMENTS —The briefing required under paragraph 1 shall include at a minimum the following A A description of the process and associated analysis that led to the decision to reduce the number of covered United States Armed Forces B A description of the anticipated impact of such a reduction on the ability of the Department of Defense to achieve its strategic objectives in the AFRICOM AOR including— i degrading violent extremist organizations ii countering the military influence of China and Russia iii countering transnational threats iv maintaining strategic access v preparing for and responding to crises and vi strengthening security relationships with United States allies and partners H R 6395—603 C An assessment of the impact of such a reduction on the ability of the Department of Defense to execute the National Defense Strategy D A description of any consultation with the Department of State or the United States Agency for International Development with respect to such a reduction and the potential impact that such a reduction would have on diplomatic developmental or humanitarian efforts in Africa E A description of any consultation with United States allies and partners with respect to such a reduction F Any other matters determined to be relevant by the Secretary of Defense b REPORT REQUIRED — 1 IN GENERAL —Not later than 120 days after the date of a reduction in the number of covered United States Armed Forces described in subsection a 1 the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that includes the following A The average number of covered United States Armed Forces by month for each of the fiscal years 2019 and 2020 B The anticipated number of covered United States Armed Forces in 2021 C An assessment of the threat posed by violent extremist organizations in the AFRICOM AOR and a detailed description of the Department of Defense’s plan to degrade such organizations D A detailed description of the Department of Defense’s plan to counter the military influence of China and Russia in the AFRICOM AOR E A detailed assessment of the anticipated effect that such a reduction would have on military and intelligence efforts in the AFRICOM AOR 2 FORM —The report required by paragraph 1 shall be submitted in unclassified form but may contain a classified annex c DEFINITIONS —In this section 1 AFRICOM AOR —The term ‘‘AFRICOM AOR’’ means the United States Africa Command area of responsibility 2 COVERED UNITED STATES ARMED FORCES —The term ‘‘covered United States Armed Forces’’— A means United States Armed Forces that are deployed to the AFRICOM AOR and under the command authority and operational control of the Commander of United States Africa Command but B does not include— i forces deployed in conjunction with other Commands ii forces participating in joint exercises iii forces used to assist in emergency situations and iv forces designated or assigned for diplomatic or embassy security H R 6395—604 SEC 1292 NOTIFICATION WITH RESPECT TO WITHDRAWAL OF MEMBERS OF THE ARMED FORCES PARTICIPATING IN THE MULTINATIONAL FORCE AND OBSERVERS IN EGYPT a IN GENERAL —Not later than 30 days before a reduction in the total number of members of the Armed Forces assigned to participate in the Multinational Force and Observers in Egypt to fewer than 430 such members of the Armed Forces the Secretary of Defense shall submit to the appropriate committees of Congress a notification that includes the following 1 A detailed accounting of the number of members of the Armed Forces to be withdrawn from the Multinational Force and Observers in Egypt and the capabilities that such members of the Armed Forces provide in support of the mission 2 An explanation of national security interests of the United States served by such a reduction and an assessment of the effect if any such a reduction is expected to have on the security of United States partners in the region 3 A description of consultations by the Secretary with the other countries that contribute military forces to the Multinational Force and Observers including Australia Canada Colombia the Czech Republic Fiji France Italy Japan New Zealand Norway the United Kingdom and Uruguay with respect to the planned force reduction and the results of such consultations 4 An assessment of whether other countries including the countries that contribute military forces to the Multinational Force and Observers will increase their contributions of military forces to compensate for the capabilities withdrawn by the United States 5 An explanation of— A any anticipated negative impact of such a reduction on the ability of the Multinational Force and Observers in Egypt to fulfill its mission of supervising the implementation of the security provisions of the 1979 Treaty of Peace between Egypt and Israel and employing best efforts to prevent any violation of the terms of such treaty and B the manner in which any such negative impact will be mitigated 6 Any other matter the Secretary considers appropriate b FORM —The notification required by subsection a shall be submitted in unclassified form but may include a classified annex c APPROPRIATE COMMITTEES OF CONGRESS DEFINED —In this section the term ‘‘appropriate committees of Congress’’ means— 1 the congressional defense committees and 2 the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives SEC 1293 REPORT ON ENHANCING SECURITY PARTNERSHIPS BETWEEN THE UNITED STATES AND AFRICAN COUNTRIES a REPORT REQUIRED — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense in coordination with the Secretary of State shall submit to the H R 6395—605 appropriate congressional committees a report on the activities and resources required to enhance security partnerships between the United States and African countries 2 ELEMENTS —The report required under paragraph 1 shall include the following A A description of the Department of Defense’s approach to conducting security cooperation activities in Africa including how it identifies and prioritizes its security partnerships in Africa B A description of how the Department’s security cooperation activities benefit other Federal departments and agencies that are operating in Africa C Recommendations to improve the ability of the Department to achieve sustainable security benefits from its security cooperation activities in Africa which may include— i the establishment of contingency locations ii small-scale construction conducted in accordance with existing law and iii the acquisition of additional training and equipment by African partners to improve their organizational operational mobility and sustainment capabilities D Recommendations to expand and strengthen partner capability to conduct security activities including traditional activities of the combatant commands train and equip opportunities State partnerships with the National Guard and through multilateral activities E A description of how the following factors may impact the ability of the Department to strengthen security partnerships in Africa i The economic development and stability of African countries ii The military intelligence diplomatic developmental and humanitarian efforts of China and Russia on the African continent iii The ability of the United States allies and partners to combat violent extremist organizations operating in Africa F Any other matters the Secretary determines to be relevant 3 FORM —The report required under paragraph 1 may be submitted in classified form but shall include an unclassified summary b APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committees’’ means— 1 the congressional defense committees and 2 the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives SEC 1294 PLAN TO ADDRESS GROSS VIOLATIONS OF HUMAN RIGHTS AND CIVILIAN HARM IN BURKINA FASO CHAD MALI AND NIGER a PLAN REQUIRED —Not later than 180 days after the date of the enactment of this Act the Secretary of State in consultation H R 6395—606 with the Secretary of Defense shall submit to the appropriate congressional committees a plan to engage with the Governments of Burkina Faso Chad Mali and Niger to prevent civilian harm and address allegations of gross violations of human rights by the security forces of these countries and non-state armed groups and ensure accountability for such violations b MATTERS TO BE INCLUDED —The plan required by subsection a shall include the following 1 A description of planned public and private diplomatic engagement to support efforts by the Governments of Burkina Faso Chad Mali and Niger to investigate prosecute and sentence any individual or group against which there are credible allegations of gross violations of human rights including by state security forces and non-state armed groups and an assessment of the effectiveness of such engagement 2 An identification of United States assistance and programs to address gross violations of human rights and civilian harm improve civil-military relations and strengthen accountability of Burkina Faso Chad Mali and Niger through their military justice systems including support for building the capacity of provost marshals 3 A description of how such United States assistance and programs have been used to address gross violations of human rights civilian harm and civil-military relations and an assessment of how they can be strengthened to prevent and mitigate civilian harm 4 A description of plans to coordinate United States efforts with France the European Union the United Nations Stabilization Mission in Mali MINUSMA the African Union and the G5 Sahel Joint Force to decrease gross violations of human rights and minimize civilian harm during military operations in the Sahel 5 A description of efforts undertaken by the Governments of Burkina Faso Chad Mali and Niger to prevent and decrease instances of gross violations of human rights or civilian harm perpetrated by state security forces or non-state armed groups that have received material support from or conducted joint counterterrorism operations with these security forces and an assessment of the effectiveness of these efforts 6 A description of any confirmed incidents or reports of civilian harm that may have occurred during United States military advise assist or accompany operations during the preceding calendar year 7 Any other matters that the Secretary considers to be relevant c FORM —The plan required by subsection a shall be submitted in unclassified form but may include a classified annex d DEFINITIONS —In this section 1 APPROPRIATE CONGRESSIONAL COMMITTEES —The term ‘‘appropriate congressional committees’’ means— A the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives and B the Committee on Foreign Relations and the Committee on Armed Services of the Senate H R 6395—607 2 CIVILIAN HARM —The term ‘‘civilian harm’’ means conflict-related death physical injury loss of property or livelihood or interruption of access to essential services SEC 1295 STATEMENT OF POLICY AND REPORT RELATING TO THE CONFLICT IN YEMEN a STATEMENT OF POLICY —It is the policy of the United States— 1 to protect United States citizens and strategic interests in the Middle East region 2 to support United Nations-led efforts to end violence in Yemen and secure a comprehensive political settlement to the conflict in Yemen that results in protection of civilians and civilian infrastructure and alleviates the humanitarian crisis including by facilitating unfettered access for all Yemenis to food fuel and medicine 3 to encourage all parties to the conflict in Yemen to participate in good faith in the United Nations-led process and to uphold interim agreements as part of that process to end the conflict leading to reconstruction in Yemen 4 to support United States allies and partners in defending their borders and territories in order to maintain stability and security in the Middle East region and encourage burden sharing among such allies and partners 5 to assist United States allies and partners in countering destabilization of the Middle East region 6 to oppose Iranian arms transfers in violation of United Nations Security Council resolutions including transfers to the Houthis 7 to encourage the Government of Saudi Arabia and the Government of the United Arab Emirates to assist significantly in the economic stabilization and eventual reconstruction of Yemen and 8 to encourage all parties to the conflict to comply with the law of armed conflict including to investigate credible allegations of war crimes and provide redress to civilian victims b REPORT ON CONFLICT IN YEMEN — 1 IN GENERAL —Not later than 120 days after the date of the enactment of this Act the Secretary of State in consultation with the Secretary of Defense and the Director of National Intelligence shall submit to the appropriate congressional committees a report on United States policy in Yemen 2 MATTERS TO BE INCLUDED —The report required under paragraph 1 shall include the following A A detailed description of diplomatic actions taken by the United States Government to help ease human suffering in Yemen including— i United States direct humanitarian assistance and United States donations to multilateral humanitarian assistance efforts including to address the COVID–19 pandemic ii efforts to ensure that humanitarian assistance is delivered in line with internationally recognized humanitarian principles and the results of such efforts iii efforts to facilitate humanitarian and commercial cargo shipments into Yemen and minimize delays H R 6395—608 associated with such shipments including access to ports for humanitarian and commercial cargo and the results of such efforts iv efforts to work with parties to the conflict in Yemen to ensure protection of civilians and civilian infrastructure and the results of such efforts v efforts to help the Government of Yemen to create a mechanism to ensure that salaries and pensions are paid to civil servants as appropriate and the results of such efforts and vi efforts to work with the Government of Yemen and countries that are members of the Saudi-led coalition in Yemen to address the currency crisis in Yemen and the solvency of the Central Bank of Yemen and the results of such efforts B An assessment of plans commitments and pledges for reconstruction of Yemen made by countries that are members of the Saudi-led coalition in Yemen including an assessment of proposed coordination with the Government of Yemen and international organizations C A description of civilian harm occurring in the context of the conflict in Yemen since November 2017 including mass casualty incidents and damage to or destruction of civilian infrastructure and services D An estimated total number of civilian casualties in the context of the conflict in Yemen since September 2014 disaggregated by year E A detailed description of actions taken by the United States Government to support the efforts of the United Nations Special Envoy for Yemen to reach a lasting political solution in Yemen F A detailed assessment of whether and to what extent members of the Saudi-led coalition in Yemen have used United States-origin defense articles and defense services in Yemen in contravention of the laws of armed conflict when engaging in any military operations against the Houthis in Yemen G A description of external and cross border attacks perpetrated by the Houthis H A detailed assessment of the Government of Yemen’s willingness and capacity to effectively— i provide public services to the people of Yemen ii service the external debts of Yemen and iii facilitate or ensure access to humanitarian assistance and key commodities in Yemen I A description of support for the Houthis by Iran and Iran-backed groups including the provision of weapons and training J A description of recruitment and use of child soldiers by parties to the conflict in Yemen 3 FORM —The report required by paragraph 1 shall be submitted in unclassified form without any designation relating to dissemination control but may contain a classified annex 4 APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED — In this subsection the term ‘‘appropriate congressional committees’’ means— A the congressional defense committees H R 6395—609 B the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and C the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives SEC 1296 REPORT ON UNITED STATES MILITARY SUPPORT OF THE SAUDI-LED COALITION IN YEMEN a IN GENERAL —Not later than 1 year after the date of the enactment of this Act the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that includes the following 1 A description of all military support training and defense articles and services provided by the Department of Defense to Saudi Arabia the Government of the United Arab Emirates and other countries participating in the Saudi-led coalition since March 2015 including— A an annual description by fiscal year or calendar year of all transfers of logistics support supplies defense articles and services under sections 2341 and 2342 of title 10 United States Code or any other applicable law B a description of the total financial value of such transfers and which countries bore the cost described in subparagraph A of these transfers including the status of any required reimbursement of costs from Saudi Arabia the Government of the United Arab Emirates and the Saudi-led coalition to the Department of Defense and C a description of the types of training advice and assistance provided by the Department of Defense including the authorities under which this training was provided and an assessment of the extent to which such training has included— i tactics techniques or procedures that could be used to restrict the movement of commercial and humanitarian shipments or the movement of persons into or out of Yemen ii tactics techniques and procedures to reduce civilian casualties and damage to civilian infrastructure and iii an emphasis on human rights and the laws of armed conflict 2 A description and evaluation of processes used by the Department of Defense to determine whether the types of military support described in paragraph 1 have— A affected the movement of persons into or out of Yemen the restriction of the movement of commercial and humanitarian shipments into and out of Yemen or the illicit profit from such importation by any of the warring parties in the conflict in Yemen B contributed to or reduced civilian casualties and damage to civilian infrastructure in Yemen and C contributed to or reduced violations of the laws of armed conflict in Yemen including any credibly alleged violations of torture arbitrary detention and other gross violations of internationally recognized human rights by countries that are members of the Saudi-led coalition in Yemen and the Republic of Yemen Government H R 6395—610 3 The responsiveness and completeness of any certifications submitted pursuant to section 1290 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 2081 as of the date of the submission of the report required by this section 4 The responsiveness and completeness of any reports submitted pursuant to section 1274 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 2067 as of such date of submission b FORM —The report required by subsection a shall be submitted in unclassified form but may include a classified annex c APPROPRIATE COMMITTEES OF CONGRESS —In this section the term ‘‘appropriate committees of Congress’’ means— 1 the congressional defense committees 2 the Committee on Foreign Relations the Select Committee on Intelligence and the Committee on Banking Housing and Urban Affairs of the Senate and 3 the Committee on Foreign Affairs the Permanent Select Committee on Intelligence and the Committee on Financial Services of the House of Representatives SEC 1297 SENSE OF CONGRESS ON PAYMENT OF AMOUNTS OWED BY KUWAIT TO UNITED STATES MEDICAL INSTITUTIONS a FINDINGS —Congress finds that— 1 at least 45 medical institutions in the United States have provided medical services to citizens of Kuwait and 2 despite providing care for their citizens Kuwait has not paid amounts owed to such United States medical institutions for such services in over 2 years b SENSE OF CONGRESS —It is the sense of Congress that— 1 Kuwait is an important partner of the United States in the Middle East and both countries should find ways to address irritants in the bilateral relationship 2 the United States should seek a resolution with Kuwait regarding the outstanding amounts Kuwait owes to United States medical institutions for medical services provided to citizens of Kuwait especially during the COVID–19 pandemic and 3 Kuwait should immediately pay such outstanding amounts owed to such United States medical institutions Subtitle K—Other Matters SEC 1299A PROVISION OF GOODS AND SERVICES AT KWAJALEIN ATOLL REPUBLIC OF THE MARSHALL ISLANDS a IN GENERAL —Chapter 767 of title 10 United States Code is amended by adding at the end the following new section ‘‘§ 7596 Provision of goods and services at Kwajalein Atoll ‘‘ a AUTHORITY — 1 Except as provided in paragraph 2 the Secretary of the Army with the concurrence of the Secretary of State may provide goods and services including interatoll transportation to the Government of the Republic of the Marshall Islands and other eligible patrons as determined by the Secretary of the Army at Kwajalein Atoll ‘‘ 2 The Secretary of the Army may not provide goods or services under this section if doing so would be inconsistent as H R 6395—611 determined by the Secretary of State with the Compact of Free Association between the Government of the United States and the Government of the Republic of the Marshall Islands or any subsidiary agreement or implementing arrangement ‘‘ b REIMBURSEMENT — 1 The Secretary of the Army may collect reimbursement from the Government of the Republic of the Marshall Islands and eligible patrons for the provision of goods or services under subsection a ‘‘ 2 The amount collected for goods or services under this subsection may not be greater than the total amount of actual costs to the United States for providing the goods or services ‘‘ c NECESSARY EXPENSES —Amounts appropriated to the Department of the Army may be used for necessary expenses associated with providing goods and services under this section ‘‘ d REGULATIONS —The Secretary of the Army shall issue regulations to carry out this section ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of such chapter is amended by adding at the end the following new item ‘‘7596 Provision of goods and services at Kwajalein Atoll ’’ c BRIEFING —Not later than December 31 2021 the Secretary of the Army shall provide to the congressional defense committees a briefing on the use of the authority under section 7596 a of title 10 United States Code as added by subsection a in fiscal year 2021 including a written summary describing the goods and services provided on a reimbursable basis and the goods and services provided on a nonreimbursable basis SEC 1299B REPORT ON CONTRIBUTIONS RECEIVED FROM DESIGNATED COUNTRIES Section 2350j of title 10 United States Code is amended by adding at the end the following new subsection ‘‘ f REPORT ON CONTRIBUTIONS RECEIVED FROM DESIGNATED COUNTRIES — ‘‘ 1 IN GENERAL —Not later than January 15 each year the Secretary of Defense shall submit to the appropriate committees of Congress a report on the burden sharing contributions received under this section from designated countries ‘‘ 2 ELEMENTS —Each report required by paragraph 1 shall include the following for the preceding fiscal year ‘‘ A A list of all designated countries from which burden sharing contributions were received ‘‘ B An explanation of the purpose for which each such burden sharing contribution was provided ‘‘ C A description of any written agreement entered into with a designated country under this section including the date on which the agreement was signed ‘‘ D For each designated country— ‘‘ i the amount provided by the designated country and ‘‘ ii the amount of any remaining unobligated balance ‘‘ E The amount of such burden sharing contributions expended by eligible category including compensation for local national employees military construction projects and supplies and services of the Department of Defense H R 6395—612 ‘‘ F Any other matter the Secretary of Defense considers relevant ‘‘ 3 APPROPRIATE COMMITTEES OF CONGRESS DEFINED —In this subsection the term ‘appropriate committees of Congress’ means— ‘‘ A the Committee on Armed Services the Committee on Foreign Relations and the Committee on Appropriations of the Senate and ‘‘ B the Committee on Armed Services the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives ’’ SEC 1299C MODIFICATION TO INITIATIVE TO SUPPORT PROTECTION OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER SECURITY THREATS Section 1286 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 10 U S C 2358 note Public Law 115–232 is amended to read as follows ‘‘SEC 1286 INITIATIVE TO SUPPORT PROTECTION OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER SECURITY THREATS ‘‘ a INITIATIVE REQUIRED —The Secretary of Defense shall in consultation with other appropriate government organizations establish an initiative to work with institutions of higher education who perform defense research and engineering activities— ‘‘ 1 to support protection of intellectual property controlled information key personnel and information about critical technologies relevant to national security ‘‘ 2 to limit undue influence including through foreign talent programs by countries to exploit United States technology within the Department of Defense research science and technology and innovation enterprise and ‘‘ 3 to support efforts toward development of domestic talent in relevant scientific and engineering fields ‘‘ b INSTITUTIONS AND ORGANIZATIONS —The initiative required by subsection a shall be developed and executed to the maximum extent practicable with academic research institutions and other educational and research organizations ‘‘ c REQUIREMENTS —The initiative required by subsection a shall include development of the following ‘‘ 1 Information exchange forum and information repositories to enable awareness of security threats and influence operations being executed against the United States research technology and innovation enterprise ‘‘ 2 Training developed and delivered in consultation with institutions of higher education and appropriate Government agencies and other support to institutions of higher education to promote security and limit undue influence on institutions of higher education and personnel including Department of Defense financial support to carry out such activities that— ‘‘ A emphasizes best practices for protection of sensitive national security information ‘‘ B includes the dissemination of unclassified materials and resources for identifying and protecting against emerging threats to institutions of higher education including specific counterintelligence information and H R 6395—613 advice developed specifically for faculty and academic researchers based on actual identified threats and ‘‘ C includes requirements for appropriate senior officials of institutions of higher education to receive from appropriate Government agencies updated and periodic briefings that describe the espionage risks to academic institutions and associated personnel posed by technical intelligence gathering activities of near-peer strategic competitors ‘‘ 3 The capacity of Government agencies and institutions of higher education to assess whether individuals affiliated with Department of Defense programs have participated in or are currently participating in foreign talent programs or expert recruitment programs ‘‘ 4 Opportunities to collaborate with defense researchers and research organizations in secure facilities to promote protection of critical information and strengthen defense against foreign intelligence services ‘‘ 5 Regulations and procedures— ‘‘ A for Government agencies and academic organizations and personnel to support the goals of the initiative and ‘‘ B that are consistent with policies that protect open and scientific exchange in fundamental research ‘‘ 6 Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly violate regulations developed under the initiative including regulations relating to foreign talent programs ‘‘ 7 Initiatives to support the transition of the results of institution of higher education research programs into defense capabilities ‘‘ 8 A A list of academic institutions of the People’s Republic of China the Russian Federation and other countries that— ‘‘ i have a history of improper technology transfer intellectual property theft or cyber or human espionage ‘‘ ii operate under the direction of the military forces or intelligence agency of the applicable country ‘‘ iii are known— ‘‘ I to recruit foreign individuals for the purpose of transferring knowledge to advance military or intelligence efforts or ‘‘ II to provide misleading information or otherwise attempt to conceal the connections of an individual or institution to a defense or an intelligence agency of the applicable country or ‘‘ iv pose a serious risk of improper technology transfer of data technology or research that is not published or publicly available ‘‘ B The list described in subparagraph A shall be developed and continuously updated in consultation with the Bureau of Industry and Security of the Department of Commerce the Director of National Intelligence United States institutions of higher education that conduct significant Department of Defense research or engineering activities and other appropriate individuals and organizations H R 6395—614 ‘‘ 9 A A list developed and continuously updated in consultation with the National Academies of Science Engineering and Medicine and the appropriate Government agencies of foreign talent programs that pose a threat to the national security interests of the United States as determined by the Secretary ‘‘ B In developing and updating such list the Secretary shall consider— ‘‘ i the extent to which a foreign talent program— ‘‘ I poses a threat to research funded by the Department of Defense and ‘‘ II engages in or facilitates cyber attacks theft espionage attempts to gain ownership of or influence over companies or otherwise interferes in the affairs of the United States and ‘‘ ii any other factor the Secretary considers appropriate ‘‘ d PROCEDURES FOR ENHANCED INFORMATION SHARING — ‘‘ 1 COLLECTION OF INFORMATION — ‘‘ A DEFENSE RESEARCH AND DEVELOPMENT ACTIVITIES —Not later than October 1 2020 for the purpose of maintaining appropriate security controls over research activities technical information and intellectual property the Secretary in conjunction with appropriate public and private entities shall establish streamlined procedures to collect appropriate information relating to individuals including United States citizens and foreign nationals who participate in defense research and development activities ‘‘ B FUNDAMENTAL RESEARCH PROGRAMS —With respect to fundamental research programs the academic liaison designated under subsection g shall establish policies and procedures to collect consistent with the best practices of Government agencies that fund academic research appropriate information relating to individuals who participate in fundamental research programs ‘‘ 2 PROTECTION FROM RELEASE —The procedures required by paragraph 1 shall include procedures to protect such information from release consistent with applicable regulations ‘‘ 3 REPORTING TO GOVERNMENT INFORMATION SYSTEMS AND REPOSITORIES —The procedures required by paragraph 1 may include procedures developed in coordination with appropriate public and private entities to report such information to existing Government information systems and repositories ‘‘ e ANNUAL REPORT — ‘‘ 1 IN GENERAL —Not later than April 30 2020 and annually thereafter the Secretary acting through appropriate Government officials including the Under Secretary for Research and Engineering shall submit to the congressional defense committees a report on the activities carried out under the initiative required by subsection a ‘‘ 2 CONTENTS —The report required by paragraph 1 shall include the following ‘‘ A A description of the activities conducted and the progress made under the initiative ‘‘ B The findings of the Secretary with respect to the initiative H R 6395—615 ‘‘ C Such recommendations as the Secretary may have for legislative or administrative action relating to the matters described in subsection a including actions related to foreign talent programs ‘‘ D Identification and discussion of the gaps in legal authorities that need to be improved to enhance the security of research institutions of higher education performing defense research ‘‘ E A description of the actions taken by such institutions to comply with such best practices and guidelines as may be established by under the initiative ‘‘ F Identification of any incident relating to undue influence to security threats to academic research activities funded by the Department of Defense including theft of property or intellectual property relating to a project funded by the Department at an institution of higher education ‘‘ 3 FORM —The report submitted under paragraph 1 shall be submitted in both unclassified and classified formats as appropriate ‘‘ f PUBLICATION OF UPDATED LISTS — ‘‘ 1 SUBMITTAL TO CONGRESS —Not later than January 1 2021 and annually thereafter the Secretary shall submit to the congressional defense committees the most recently updated lists described in paragraphs 8 and 9 of subsection c ‘‘ 2 FORM —Each list submitted under paragraph 1 shall be submitted in unclassified form but may include a classified annex ‘‘ 3 PUBLIC AVAILABILITY —Each list submitted under paragraph 1 shall be published on a publicly accessible internet website of the Department of Defense in a searchable format ‘‘ 4 INTERVENING SUBMITTAL AND PUBLICATION —The Secretary may submit and publish an updated list described in paragraph 1 more frequently than required by that paragraph as the Secretary considers necessary ‘‘ g DESIGNATION OF ACADEMIC LIAISON — ‘‘ 1 IN GENERAL —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 acting through the Under Secretary of Defense for Research and Engineering shall designate an academic liaison with principal responsibility for working with the academic and research communities to protect Department-sponsored academic research of concern from undue foreign influence and threats ‘‘ 2 QUALIFICATION —The Secretary shall designate an individual under paragraph 1 who is an official of the Office of the Under Secretary of Defense for Research and Engineering ‘‘ 3 DUTIES —The duties of the academic liaison designated under paragraph 1 shall be as follows ‘‘ A To serve as the liaison of the Department with the academic and research communities ‘‘ B To execute initiatives of the Department related to the protection of Department-sponsored academic research of concern from undue foreign influence and threats including the initiative required by subsection a ‘‘ C To conduct outreach and education activities for the academic and research communities on undue foreign H R 6395—616 influence and threats to Department-sponsored academic research of concern ‘‘ D To coordinate and align academic security policies with Department component agencies the Office of Science and Technology Policy the intelligence community and appropriate Federal agencies ‘‘ E To the extent practicable to coordinate with the intelligence community to share not less frequently than annually with the academic and research communities unclassified information including counterintelligence information on threats from undue foreign influence ‘‘ F Any other related responsibility as determined by the Secretary in consultation with the Under Secretary of Defense for Research and Engineering ‘‘ h INSTITUTION OF HIGHER EDUCATION DEFINED —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 ’’ SEC 1299D EXTENSION OF AUTHORIZATION OF NON-CONVENTIONAL ASSISTED RECOVERY CAPABILITIES Subsection g of section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 Public Law 110– 417 122 Stat 4578 is amended by striking ‘‘2021’’ and inserting ‘‘2023’’ SEC 1299E ANNUAL BRIEFINGS ON CERTAIN FOREIGN MILITARY BASES OF ADVERSARIES a REQUIREMENT —Not later than February 15 of each year the Chairman of the Joint Chiefs of Staff and the Secretary of Defense acting through the Under Secretary of Defense for Intelligence and Security shall provide to the congressional defense committees the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a briefing on— 1 covered foreign military bases and the related capabilities of that foreign military and 2 the effects of such bases and capabilities on— A the military installations of the United States located outside the United States and B current and future deployments and operations of the armed forces of the United States b ELEMENTS —Each briefing under subsection a shall include the following 1 An assessment of covered foreign military bases including such bases established by China Russia and Iran and any updates to such assessment provided in a previous briefing under such subsection 2 Information regarding known plans for any future covered foreign military base 3 An assessment of the capabilities including those pertaining to anti-access and area denial provided by covered foreign military bases to that foreign military including an assessment of how such capabilities could be used against the armed forces of the United States in the country and the geographic combatant command in which such base is located 4 A description of known ongoing activities and capabilities at covered foreign military bases and how such activities H R 6395—617 and capabilities advance the foreign policy and national security priorities of the relevant foreign countries 5 The extent to which covered foreign military bases could be used to counter the defense priorities of the United States c FORM —Each briefing under subsection a shall be provided in classified form d COVERED FOREIGN MILITARY BASE DEFINED —In this section the term ‘‘covered foreign military base’’ means with respect to a foreign country that is an adversary of the United States a military base of that country located in a different country e SUNSET —The requirement to provide briefings under subsection a shall terminate after the briefing required to be provided by not later than February 15 2025 SEC 1299F COUNTERING WHITE IDENTITY TERRORISM GLOBALLY a STRATEGY AND COORDINATION —Not later than six months after the date of the enactment of this Act the Secretary of State shall— 1 develop and submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a Department of State-wide strategy entitled the ‘‘Department of State Strategy for Countering White Identity Terrorism Globally’’ in this section referred to as the ‘‘strategy’’ and 2 designate the Coordinator for Counterterrorism of the Department to coordinate Department efforts to counter white identity terrorism globally including with United States diplomatic and consular posts the Director of the National Counterterrorism Center the Director of the Central Intelligence Agency the Attorney General the Director of National Intelligence the Secretary of Homeland Security the Director of the Federal Bureau of Investigation the Secretary of the Treasury and the heads of any other relevant Federal departments or agencies b ELEMENTS —The strategy shall at a minimum contain the following 1 An assessment of the global threat from white identity terrorism abroad including geographic or country prioritization based on the assessed threat to the United States 2 A description of the coordination mechanisms between relevant bureaus and offices within the Department of State as well as with United States diplomatic and consular posts for developing and implementing efforts to counter white identity terrorism 3 A description of how the Department plans to build on any existing strategy developed by the Bureau for Counterterrorism to— A adapt or expand existing Department programs projects activities or policy instruments based on existing authorities for the specific purpose of degrading and delegitimizing the white identity terrorist movement globally and B identify the need for any new Department programs projects activities or policy instruments for the specific purpose of degrading and delegitimizing the white H R 6395—618 identity terrorist movement globally including a description of the steps and resources necessary to establish any such programs projects activities or policy instruments noting whether such steps would require new authorities 4 Detailed plans for using public diplomacy including the efforts of the Secretary of State and other senior Executive Branch officials including the President to degrade and delegitimize white identity terrorist ideologues and ideology globally including by— A countering white identity terrorist messaging and supporting efforts to redirect potential supporters away from white identity terrorist content online B exposing foreign government support for white identity terrorist ideologies objectives ideologues networks organizations and internet platforms C engaging with foreign governments and internet service providers and other relevant technology entities to prevent or limit white identity terrorists from exploiting internet platforms in furtherance of or in preparation for acts of terrorism or other targeted violence as well as the recruitment radicalization and indoctrination of new adherents to white identity terrorism and D identifying the roles and responsibilities for the Office of the Under Secretary for Public Affairs and Public Diplomacy and the Global Engagement Center in developing and implementing such plans 5 An outline of steps the Department is taking or will take in coordination as appropriate with the Director of the National Counterterrorism Center the Director of the Central Intelligence Agency the Attorney General the Director of National Intelligence the Secretary of Homeland Security the Director of the Federal Bureau of Investigation the Secretary of the Treasury and the heads of any other relevant Federal departments or agencies to improve information and intelligence sharing with other countries on white identity terrorism based on existing authorities by— A describing plans for adapting or expanding existing mechanisms for sharing information intelligence or counterterrorism best practices including facilitating the sharing of information intelligence or counterterrorism best practices gathered by Federal State and local law enforcement and B proposing new mechanisms or forums that might enable expanded sharing of information intelligence or counterterrorism best practices 6 An outline of how the Department plans to use designation as a Specially Designated Global Terrorist under Executive Order No 13224 50 U S C 1701 note and foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act 8 U S C 1189 to support the strategy including— A an assessment and explanation of the utility of applying or not applying such designations when individuals or entities satisfy the criteria for such designations and B a description of possible remedies if such criteria are insufficient to enable designation of any individuals H R 6395—619 or entities the Secretary of State considers a potential terrorist threat to the United States 7 A description of the Department’s plans in consultation with the Department of the Treasury to work with foreign governments financial institutions and other related entities to counter the financing of white identity terrorists within the parameters of current law or if no such plans exist a description of why 8 A description of how the Department plans to implement the strategy in conjunction with ongoing efforts to counter the Islamic State al-Qaeda and other terrorist threats to the United States 9 A description of how the Department will integrate into the strategy lessons learned in the ongoing efforts to counter the Islamic State al-Qaeda and other terrorist threats to the United States 10 A identification of any additional resources or staff needed to implement the strategy c INTERAGENCY COORDINATION —The Secretary of State shall develop the strategy in coordination with the Director of the National Counterterrorism Center and in consultation with the Director of the Central Intelligence Agency the Attorney General the Director of National Intelligence the Secretary of Homeland Security the Director of the Federal Bureau of Investigation the Secretary of the Treasury and the heads of any other relevant Federal departments or agencies d STAKEHOLDER INCLUSION —The strategy shall be developed in consultation with representatives of United States and international civil society and academic entities with experience researching or implementing programs to counter white identity terrorism e FORM —The strategy shall be submitted in unclassified form that can be made available to the public but may include a classified annex if the Secretary of State determines such is appropriate f IMPLEMENTATION —Not later than three months after the submission of the strategy the Secretary of State shall begin implementing the strategy g CONSULTATION —Not later than 90 days after the date of the enactment of this Act and not less often than annually thereafter the Secretary of State shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the development and implementation of the strategy h COUNTRY REPORTS ON TERRORISM —The Secretary of State shall incorporate all credible information about white identity terrorism including regarding relevant attacks the identification of perpetrators and victims of such attacks the size and identification of organizations and networks and the identification of notable ideologues in the annual country reports on terrorism submitted pursuant to section 140 of the Foreign Relations Authorization Act Fiscal Years 1988 and 1989 22 U S C 2656f i REPORT ON SANCTIONS — 1 IN GENERAL —Not later than 120 days and again 240 days after the submission of each annual country report on terrorism submitted pursuant to section 140 of the Foreign Relations Authorization Act Fiscal Years 1988 and 1989 22 U S C 2656f as modified in accordance with subsection h H R 6395—620 the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that determines whether the foreign persons organizations and networks identified in such annual country reports on terrorism as so modified satisfy the criteria to be designated as— A foreign terrorist organizations under section 219 of the Immigration and Nationality Act 8 U S C 1189 or B Specially Designated Global Terrorist under Executive Order No 13224 50 U S C 1701 note 2 FORM —Each determination required under paragraph 1 shall be submitted in unclassified form but may include a classified annex if appropriate j REQUIREMENT FOR INDEPENDENT STUDY TO MAP THE GLOBAL WHITE IDENTITY TERRORISM MOVEMENT — 1 IN GENERAL —Not later than 60 days after the date of the enactment of this Act the Secretary of State shall enter into a contract with a federally funded research and development center with appropriate expertise and analytical capability to carry out the study described in paragraph 2 2 STUDY —The study described in this paragraph shall provide for a comprehensive social network analysis of the global white identity terrorism movement to— A identify key actors organizations and supporting infrastructure and B map the relationships and interactions between such actors organizations and supporting infrastructure 3 REPORT — A TO THE SECRETARY —Not later than one year after the date on which the Secretary of State enters into a contract pursuant to paragraph 1 the federally funded research and development center referred to in such subsection that has entered into such contract with the Secretary shall submit to the Secretary a report containing the results of the study required under this section B TO CONGRESS —Not later than 30 days after receipt of the report under subparagraph A the Secretary of State shall submit to the Committee of Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate such report together with any additional views or recommendations of the Secretary 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 a REPORT ON PROGRESS OF THE DEPARTMENT OF DEFENSE WITH RESPECT TO DENYING THE STRATEGIC GOALS OF A COMPETITOR AGAINST A COVERED DEFENSE PARTNER — 1 IN GENERAL —Not later than April 30 2021 and annually thereafter for 5 years the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Department of Defense with respect to improving the ability of the United States Armed Forces to conduct combined joint operations to deny the strategic goals of a competitor against a covered defense partner H R 6395—621 2 MATTERS TO BE INCLUDED —Each report required by paragraph 1 shall include the following A An explanation of the objectives for the United States Armed Forces that would be necessary to deny the strategic goals of a competitor against a covered defense partner B An identification of joint warfighting capabilities and current efforts to organize train and equip the United States Armed Forces in support of the objectives explained pursuant to paragraph 1 including— i an assessment of whether the programs included in the most recent future-years defense program submitted to Congress under section 221 of title 10 United States Code are sufficient to enable the United States Armed Forces to conduct combined joint operations to achieve such objectives ii a description of additional investments or force posture adjustments required to maintain or improve the ability of the United States Armed Forces to conduct combined joint operations to achieve such objectives iii a description of the manner in which the Secretary of Defense intends to develop and integrate Army Navy Air Force Marine Corps and Space Force operational concepts to maintain or improve the ability of the United States Armed Forces to conduct combined joint operations to achieve such objectives and iv an assessment of the manner in which different options for pre-delegating authorities may improve the ability of the United States Armed Forces to conduct combined joint operations to achieve such objectives C An assessment of options for deterring limited use of nuclear weapons by a competitor in the Indo-Pacific region without undermining the ability of the United States Armed Forces to maintain deterrence against other competitors or adversaries D An assessment of a competitor theory of victory for invading and unifying a covered defense partner with such competitor by military force E A description of the military objectives a competitor would need to achieve strategic goals F A description of the military missions a strategic competitor would need to achieve strategic goals including— i blockade and bombing operations ii amphibious landing operations or iii combat operations G An assessment of competing demands on a competitor’s resources and how such demands impact such competitor’s ability to achieve strategic goals H An assessment of the self-defense capabilities of covered defense partners and a summary of defense articles and services that are required to enhance such capability I An assessment of the capabilities of partner and allied countries to conduct combined operations with the United States Armed Forces in a regional contingency H R 6395—622 3 FORM —Each report required by paragraph 1 shall be submitted in classified form but may include an unclassified executive summary b DEFINITIONS —In this section 1 The term ‘‘competitor’’ means a country identified as a strategic competitor in the ‘‘Summary of the 2018 National Defense Strategy of the United States of America Sharpening the American Military’s Competitive Edge’’ issued by the Department of Defense pursuant to section 113 of title 10 United States Code 2 The term ‘‘covered defense partner’’ means a partner identified in the ‘‘Department of Defense Indo-Pacific Strategy Report’’ issued on June 1 2019 that is located within 100 miles off the coast of a strategic competitor 3 The term ‘‘strategic goals’’ means with respect to a competitor a strategy designed to allow the competitor to rapidly use military force to effectively control the territory of a covered defense partner before the United States Armed Forces are able to respond SEC 1299H COMPARATIVE STUDIES ON DEFENSE BUDGET TRANSPARENCY OF THE PEOPLE’S REPUBLIC OF CHINA THE RUSSIAN FEDERATION AND THE UNITED STATES a STUDIES REQUIRED — 1 DEPARTMENT OF DEFENSE STUDY —Not later than 270 days after the date of the enactment of this Act the Secretary of Defense shall complete a comparative study on the defense budgets of the People’s Republic of China the Russian Federation and the United States 2 INDEPENDENT STUDY — A IN GENERAL —Not later than 90 days after the date of the enactment of this Act the Secretary shall offer to enter into an agreement with an entity independent of the Department of Defense to conduct a comparative study on the defense budgets of the People’s Republic of China the Russian Federation and the United States to be completed not later than 270 days after the date on which the offer to enter into the agreement is made B FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER —The entity described in subparagraph A shall be a federally funded research and development center 3 GOAL —The goal of the studies required by paragraphs 1 and 2 shall be to develop a methodologically sound set of assumptions to underpin a comparison of the defense spending of the People’s Republic of China the Russian Federation and the United States b ELEMENTS — 1 IN GENERAL —Each study required by subsection a shall do the following A Determine the amounts invested by each subject country across functional categories for spending including— i defense-related research and development ii weapons procurement from domestic and foreign sources iii operations and maintenance iv pay and benefits and H R 6395—623 v military pensions B Consider the effects of purchasing power parity and market exchange rates particularly on nontraded goods C Consider differences in the relative prices and quality of goods within each subject country D Compare the quality of labor and benefits for the defense workforce of each subject country E Account for discrepancies in the manner in which each subject country accounts for certain functional types of defense-related spending F Explicitly estimate the magnitude of omitted spending from official defense budget information G Describe direct indirect and burden-sharing contributions made by host countries to each subject country including contributions for— i labor costs ii military construction projects iii labor utilities facilities and costs omitted iv costs associated with training and operations and v any other purpose the Secretary considers appropriate H Analyze the budget impact of geographical considerations and forward-deployed forces I Exclude spending related to veterans’ benefits 2 ADDITIONAL ELEMENT FOR INDEPENDENT STUDY —In addition to the elements described in paragraph 1 the independent study required by subsection a 2 shall analyze best practices for quantifying and evaluating the comparative military expenditures of each subject country for defense-related databases and research c CONSIDERATIONS —The studies required by subsection a may take into consideration the following 1 The effects of state-owned enterprises on the defense expenditures of the People’s Republic of China and the Russian Federation 2 The role of differing acquisition policies and structures with respect to the defense expenditures of each subject country 3 Any other matter relevant to evaluating the resources dedicated to the defense spending or the various militaryrelated outlays of the People’s Republic of China and the Russian Federation d REPORTS — 1 IN GENERAL —Not later than 60 days after the date on which each study required by subsection a is completed the Secretary shall submit to the appropriate committees of Congress a report on the results of the applicable study together with the views of the Secretary on such study 2 FORM —Each report required by paragraph 1 shall be submitted in unclassified form but may include a classified annex 3 APPROPRIATE COMMITTEES OF CONGRESS DEFINED —In this subsection the term ‘‘appropriate committees of Congress’’ means— A the Committee on Appropriations the Committee on Armed Services the Committee on Foreign Relations H R 6395—624 and the Select Committee on Intelligence of the Senate and B the Committee on Appropriations the Committee on Armed Services the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives SEC 1299I ASSESSMENT OF WEAPONS OF MASS DESTRUCTION TERRORISM a ASSESSMENT —Not later than 60 days after the date of the enactment of this Act the Secretary of Defense in consultation with the Secretary of State and the Secretary of Energy shall enter into an arrangement with the National Academy of Sciences— 1 to conduct an assessment of strategies of the United States for preventing countering and responding to nuclear biological and chemical terrorism and 2 to make recommendations to improve such strategies b MATTERS TO BE INCLUDED —The assessment and recommendations required by subsection a shall address the adequacy of strategies described in such subsection and identify technical policy and resource gaps with respect to— 1 identifying national and international nuclear biological and chemical risks and critical emerging threats 2 preventing state-sponsored and non-state actors from acquiring or misusing the technologies materials and critical expertise needed to carry out nuclear biological and chemical attacks including dual-use technologies materials and expertise 3 countering efforts by state-sponsored and non-state actors to carry out such attacks 4 responding to nuclear biological and chemical terrorism incidents to attribute their origin and help manage their consequences 5 budgets likely to be required to implement effectively such strategies and 6 other important matters that are directly relevant to such strategies c REPORT — 1 IN GENERAL —Not later than 18 months after the date of the enactment of this Act the Secretary of Defense shall submit to the appropriate congressional committees a report that contains the assessment and recommendations required by subsection a 2 FORM —The report required by this subsection shall be submitted in unclassified form but may contain a classified annex d APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committees’’ means— 1 the Committee on Foreign Affairs Committee on Armed Services and Permanent Select Committee on Intelligence of the House of Representatives and 2 the Committee on Foreign Relations Committee on Armed Services and Select Committee on Intelligence of the Senate H R 6395—625 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’’ a REVIEW —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives any available results of the review requested on October 3 2016 by the Secretary of Defense of compliance of all relevant Department of Defense orders rules of engagement directives regulations policies practices and procedures with the ‘‘Principles Related to the Protection of Medical Care Provided by Impartial Humanitarian Organizations During Armed Conflicts’’ b ADDITIONAL REQUIREMENT —The Secretary of Defense shall continue to ensure that all Department of Defense orders rules of engagement directives regulations policies practices and procedures that were reviewed as described in subsection a including any other guidance training or standard operating procedures relating to the protection of health care during armed conflict are consistent with the ‘‘Principles Related to the Protection of Medical Care Provided by Impartial Humanitarian Organizations During Armed Conflicts’’ SEC 1299K CERTIFICATION RELATING TO ASSISTANCE FOR GUATEMALA a IN GENERAL —Prior to the transfer of any vehicles by the Department of Defense to a joint task force of the Ministry of Defense or the Ministry of the Interior of Guatemala during fiscal year 2021 the Secretary of Defense shall certify to the appropriate congressional committees that such ministries have made a credible commitment to use such equipment only for the uses for which they were intended b APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committees’’ means— 1 the Committee on Armed Services the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives and 2 the Committee on Armed Services the Committee on Appropriations and the Committee on Foreign Relations of the Senate SEC 1299L FUNCTIONAL CENTER FOR SECURITY STUDIES IN IRREGULAR WARFARE a REPORT REQUIRED — 1 IN GENERAL —Not later than 90 days after the date of the enactment of this Act the Secretary of Defense in consultation with the Secretary of State shall submit to the congressional defense committees a report that assesses the merits and feasibility of establishing and administering a Department of Defense Functional Center for Security Studies in Irregular Warfare 2 ELEMENTS —The report required by paragraph 1 shall include the following H R 6395—626 A A description of the benefits to the United States and the allies and partners of the United States of establishing such a functional center including the manner in which the establishment of such a functional center would enhance and sustain focus on and advance knowledge and understanding of matters of irregular warfare including cybersecurity nonstate actors information operations counterterrorism stability operations and the hybridization of such matters B A detailed description of the mission and purpose of such a functional center including applicable policy guidance from the Office of the Secretary of Defense C An analysis of appropriate reporting and liaison relationships between such a functional center and— i the geographic and functional combatant commands ii other Department of Defense stakeholders and iii other government and nongovernment entities and organizations D An enumeration and valuation of criteria applicable to the determination of a suitable location for such a functional center E A description of the establishment and operational costs of such a functional center including for— i military construction for required facilities ii facility renovation iii personnel costs for faculty and staff and iv other costs the Secretary of Defense considers appropriate F An evaluation of the existing infrastructure resources and personnel available at military installations existing regional centers interagency facilities and universities and other academic and research institutions that could reduce the costs described in subparagraph E G An examination of partnership opportunities with United States allies and partners for potential collaboration and burden sharing H A description of potential courses and programs that such a functional center could carry out including— i core specialized and advanced courses ii planning workshops and structured after-action reviews or debriefs iii seminars iv initiatives on executive development relationship building partnership outreach and any other matter the Secretary of Defense considers appropriate and v focused academic research and studies in support of Department priorities I A description of any modification to title 10 United States Code or any other provision of law necessary for the effective establishment and administration of such a functional center 3 FORM —The report required by paragraph 1 shall be submitted in unclassified form but may include a classified annex b ESTABLISHMENT — H R 6395—627 1 IN GENERAL —Not earlier than 30 days after the submittal of the report required by subsection a and subject to the availability of appropriated funds the Secretary of Defense may establish and administer a Department of Defense Functional Center for Security Studies in Irregular Warfare 2 TREATMENT AS A REGIONAL CENTER FOR SECURITY STUDIES —A Department of Defense Functional Center for Security Studies in Irregular Warfare established under paragraph 1 shall be operated and administered in the same manner as the Department of Defense Regional Centers for Security Studies under section 342 of title 10 United States Code and in accordance with such regulations as the Secretary of Defense may prescribe 3 LIMITATION —No other institution or element of the Department may be designated as a Department of Defense functional center except by an Act of Congress 4 LOCATION —The location of a Department of Defense Functional Center for Security Studies in Irregular Warfare established under paragraph 1 shall be selected based on an objective criteria-driven administrative or competitive award process SEC 1299M UNITED STATES-ISRAEL OPERATIONS-TECHNOLOGY COOPERATION WITHIN THE UNITED STATES-ISRAEL DEFENSE ACQUISITION ADVISORY GROUP a REQUIREMENT — 1 IN GENERAL —The Secretary of Defense in consultation with the Secretary of State shall take actions within the United States-Israel Defense Acquisition Advisory Group that may be necessary— A to systematically evaluate and share potential options to develop and acquire intelligence-informed military requirements that directly support warfighting capabilities of both the Department of Defense and the Ministry of Defense of Israel and B to develop as feasible and advisable combined United States-Israel plans to research develop procure and field weapon systems and military capabilities as quickly and economically as possible to meet common capability requirements of the Department and the Ministry of Defense of Israel 2 RULE OF CONSTRUCTION —Nothing in this subsection shall be construed as requiring the establishment or termination of any existing United States defense activity group program or partnership with Israel b BILATERAL COORDINATION —To enhance cooperation and encourage military-to-military engagement on operations and technology the Secretary of Defense in consultation with other appropriate Cabinet members shall take appropriate actions to consult and cooperate with the Government of Israel on the requirements c ESTABLISHMENT OF WORKING GROUP WITHIN THE UNITED STATES-ISRAEL DEFENSE ACQUISITION ADVISORY GROUP —The Secretary of Defense in consultation with the appropriate heads of other Federal agencies may establish under the United States vice chairman of the United States-Israel Defense Acquisition Advisory Group a working group to address operations and technology matters described in subsection a 1 H R 6395—628 d REPORTS — 1 IN GENERAL —Not later than March 15 each year through 2025 the Secretary of Defense in consultation with the Secretary of State shall submit to the appropriate committees of Congress a report on any actions taken by the Secretary of Defense pursuant to the requirements in subsection a 1 2 ELEMENTS —Each report required by paragraph 1 shall include the following A A description of any science and technology effort or research development test and evaluation effort considered facilitated or recommended by the United StatesIsrael Defense Acquisition Advisory Group including any effort that results in a United States or Israel program of record B A description of military capabilities the United States-Israel Defense Acquisition Advisory Group has determined should be pursued through a defense cooperation effort between the Government of the United States and the Government of Israel C A description of any science and technology effort or research development test and evaluation effort facilitated and recommended by the United States-Israel Defense Acquisition Advisory Group in support of the development of the military capabilities referred to in subparagraph B including any effort that results in a United States or Israel program of record D A description of any obstacle or challenge associated with an effort described in subparagraph B and the plan of the United States-Israel Defense Acquisition Advisory Group to address such obstacle or challenge E A description of the efforts of the United StatesIsrael Defense Acquisition Advisory Group to prevent the People’s Republic of China or the Russian Federation from obtaining intellectual property or military technology associated with combined United States and Israel science and technology efforts and research development test and evaluation efforts F A list of potential areas the United States-Israel Defense Acquisition Advisory Group is considering for cooperation on defense issues G A description of any authority or authorization of appropriations required for the United States-Israel Defense Acquisition Advisory Group to carry out the purposes described in subsection a 1 3 FORM —Each report required by paragraph 1 shall be submitted in unclassified form and shall include a classified annex in which the elements required under subparagraphs B and E of paragraph 2 and any additional classified information as determined by the Secretary of Defense shall be addressed e APPROPRIATE COMMITTEES OF CONGRESS DEFINED —In this subsection the term ‘‘appropriate committees of Congress’’ means— 1 the Committee on Armed Services the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and H R 6395—629 2 the Committee on Armed Services the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives SEC 1299N PAYMENT OF PASSPORT FEES FOR CERTAIN INDIVIDUALS Subsection c of section 452 of title 37 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 Passport and visa fees required for foreign travel ’’ SEC 1299O RESUMPTION OF PEACE CORPS OPERATIONS Not later than 90 days after the date of enactment of this Act the Director of the Peace Corps shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that describes the efforts of the Peace Corps to— 1 offer a return to service to each Peace Corps volunteer and trainee whose service ended on March 15 2020 or earlier in the case of volunteers who were serving in China or Mongolia due to the COVID–19 public health emergency 2 obtain approval from countries to the extent safe and appropriate to return volunteers and trainees to countries of service predicated on the ability for volunteers and trainees to return safely and legally 3 provide adequate measures necessary for the safety and health of volunteers and trainees and develop contingency plans in the event overseas operations are disrupted by future COVID–19 outbreaks 4 develop and maintain a robust volunteer cohort and 5 identify any need for anticipated additional appropriations or new statutory authorities and the changes in global conditions that would be necessary to achieve the goal of safely enrolling 7 300 Peace Corps volunteers during the 1-year period beginning on the date on which Peace Corps operations resume SEC 1299P ESTABLISHMENT OF THE OPEN TECHNOLOGY FUND a SENSE OF CONGRESS —It is the sense of Congress that it is in the interest of the United States to promote global internet freedom by countering internet censorship and repressive surveillance and protect the internet as a platform for the free exchange of ideas promotion of human rights and democracy and advancement of a free press and to support efforts that prevent the deliberate misuse of the internet to repress individuals from exercising their rights to free speech and association including countering the use of such technologies by authoritarian regimes b ESTABLISHMENT —The United States International Broadcasting Act of 1994 22 U S C 6201 et seq is amended by inserting after section 309 the following new section ‘‘SEC 309A OPEN TECHNOLOGY FUND ‘‘ a AUTHORITY — ‘‘ 1 IN GENERAL —Grants authorized under section 305 shall be available to make annual grants for the purpose of promoting consistent with United States law unrestricted access to uncensored sources of information via the internet H R 6395—630 to enable journalists including journalists employed by or affiliated with the Voice of America Radio Free Europe Radio Liberty Radio Free Asia the Middle East Broadcasting Networks the Office of Cuba Broadcasting or any entity funded by or partnering with the United States Agency for Global Media to create and disseminate and for their audiences to receive news and information consistent with the purposes standards and principles specified in sections 302 and 303 ‘‘ 2 ESTABLISHMENT —There is established a grantee entity to be known as the ‘Open Technology Fund’ which shall carry out the provisions of this section ‘‘ b FUNCTIONS OF THE GRANTEE —In furtherance of the mission set forth in subsection a the Open Technology Fund shall seek to advance freedom of the press and unrestricted access to the internet in repressive environments oversees and shall— ‘‘ 1 research develop implement and maintain— ‘‘ A technologies that circumvent techniques used by authoritarian governments nonstate actors and others to block or censor access to the internet including circumvention tools that bypass internet blocking filtering and other censorship techniques used to limit or block legitimate access to content and information and ‘‘ B secure communication tools and other forms of privacy and security technology that facilitate the creation and distribution of news and enable audiences to access media content on censored websites ‘‘ 2 advance internet freedom by supporting private and public sector research development implementation and maintenance of technologies that provide secure and uncensored access to the internet to counter attempts by authoritarian governments nonstate actors and others to improperly restrict freedom online ‘‘ 3 research and analyze emerging technical threats and develop innovative solutions through collaboration with the private and public sectors to maintain the technological advantage of the United States Government over authoritarian governments nonstate actors and others ‘‘ 4 develop acquire and distribute requisite internet freedom technologies and techniques for the United States Agency for Global Media including as set forth in paragraph 1 and digital security interventions to fully enable the creation and distribution of digital content between and to all users and regional audiences ‘‘ 5 prioritize programs for countries the governments of which restrict freedom of expression on the internet and that are important to the national interest of the United States and are consistent with section 7050 b 2 C of the Further Consolidated Appropriations Act 2020 Public Law 116–94 and ‘‘ 6 carry out any other effort consistent with the purposes of this Act or press freedom overseas if requested or approved by the United States Agency for Global Media ‘‘ c METHODOLOGY —In carrying out subsection b the Open Technology Fund shall— ‘‘ 1 support fully open-source tools code and components to the extent practicable to ensure such supported tools and H R 6395—631 technologies are as secure transparent and accessible as possible and require that any such tools components code or technology supported by the Open Technology Fund remain fully open-source to the extent practicable ‘‘ 2 support technologies that undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner detrimental to the interest of the United States or to individuals and organizations benefitting from programs supported by the Open Technology Fund ‘‘ 3 review and update periodically as necessary security auditing procedures used by the Open Technology Fund to reflect current industry security standards ‘‘ 4 establish safeguards to mitigate the use of such supported technologies for illicit purposes ‘‘ 5 solicit project proposals through an open transparent and competitive application process to attract innovative applications and reduce barriers to entry ‘‘ 6 seek input from technical regional and subject matter experts from a wide range of relevant disciplines to review provide feedback and evaluate proposals to ensure the most competitive projects are funded ‘‘ 7 implement an independent review process through which proposals are reviewed by such experts to ensure the highest degree of technical review and due diligence ‘‘ 8 maximize cooperation with the public and private sectors as well as foreign allies and partner countries to maximize efficiencies and eliminate duplication of efforts and ‘‘ 9 utilize any other methodology approved by the United States Agency for Global Media in furtherance of the mission of the Open Technology Fund ‘‘ d GRANT AGREEMENT —Any grant agreement with or grants made to the Open Technology Fund under this section shall be subject to the following limitations and restrictions ‘‘ 1 The headquarters of the Open Technology Fund and its senior administrative and managerial staff shall be located in a location which ensures economy operational effectiveness and accountability to the United States Agency for Global Media ‘‘ 2 Grants awarded under this section shall be made pursuant to a grant agreement which requires that grant funds be used only for activities consistent with this section and that failure to comply with such requirements shall permit the grant to be terminated without fiscal obligation to the United States ‘‘ 3 Any grant agreement under this section shall require that any contract entered into by the Open Technology Fund shall specify that all obligations are assumed by the grantee and not by the United States Government ‘‘ 4 Any grant agreement under this section shall require that any lease agreements entered into by the Open Technology Fund shall be to the maximum extent possible assignable to the United States Government ‘‘ 5 Administrative and managerial costs for operation of the Open Technology Fund should be kept to a minimum and to the maximum extent feasible should not exceed the costs H R 6395—632 that would have been incurred if the Open Technology Fund had been operated as a Federal entity rather than as a grantee ‘‘ 6 Grant funds may not be used for any activity the purpose of which is influencing the passage or defeat of legislation considered by Congress ‘‘ e RELATIONSHIP TO THE UNITED STATES AGENCY FOR GLOBAL MEDIA — ‘‘ 1 IN GENERAL —The Open Technology Fund shall be subject to the same oversight and governance by the United States Agency for Global Media as other grantees of the Agency as set forth in section 305 ‘‘ 2 ASSISTANCE —The United States Agency for Global Media its broadcast entities and the Open Technology Fund should render assistance to each other as may be necessary to carry out the purposes of this section or any other provision of this Act ‘‘ 3 NOT A FEDERAL AGENCY OR INSTRUMENTALITY — Nothing in this section may be construed to make the Open Technology Fund a Federal agency or instrumentality ‘‘ 4 DETAILEES —Under the Intergovernmental Personnel Act employees of a grantee of the United States Agency for Global Media may be detailed to the Agency and Federal employees may be detailed to a grantee of the United States Agency for Global Media ‘‘ f RELATIONSHIP TO OTHER UNITED STATES GOVERNMENTFUNDED INTERNET FREEDOM PROGRAMS —The United States Agency for Global Media shall ensure that internet freedom research and development projects of the Open Technology Fund are coordinated with internet freedom programs of the Department of State and other relevant United States Government departments in order to share information and best-practices relating to the implementation of subsections b and c ‘‘ g REPORTING REQUIREMENTS — ‘‘ 1 ANNUAL REPORT —The Open Technology Fund shall highlight in its annual report internet freedom activities including a comprehensive assessment of the Open Technology Fund’s activities relating to the implementation of subsections b and c Each such report shall include the following ‘‘ A An assessment of the current state of global internet freedom including trends in censorship and surveillance technologies and internet shutdowns and the threats such pose to journalists citizens and human rights and civil-society organizations ‘‘ B A description of the technology projects supported by the Open Technology Fund and the associated impact of such projects in the prior year including the countries and regions in which such technologies were deployed and any associated metrics indicating audience usage of such technologies as well as future-year technology project initiatives ‘‘ 2 ASSESSMENT OF THE EFFECTIVENESS OF THE OPEN TECHNOLOGY FUND —Not later than two years after the date of the enactment of this section the Inspector General of the Department of State and the Foreign Service shall submit to the appropriate congressional committees a report on the following H R 6395—633 ‘‘ A Whether the Open Technology Fund is technically sound and cost effective ‘‘ B Whether the Open Technology Fund is satisfying the requirements of this section ‘‘ C The extent to which the interests of the United States are being served by maintaining the work of the Open Technology Fund ‘‘ h AUDIT AUTHORITIES — ‘‘ 1 IN GENERAL —Financial transactions of the Open Technology Fund as such relate to functions carried out under this section may be audited by the Government Accountability Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States Any such audit shall be conducted at the place or places at which accounts of the Open Technology Fund are normally kept ‘‘ 2 ACCESS BY GAO —The Government Accountability Office shall have access to all books accounts records reports files papers and property belonging to or in use by the Open Technology Fund pertaining to financial transactions as may be necessary to facilitate an audit The Government Accountability Office shall be afforded full facilities for verifying transactions with any assets held by depositories fiscal agents and custodians All such books accounts records reports files papers and property of the Open Technology Fund shall remain in the possession and custody of the Open Technology Fund ‘‘ 3 EXERCISE OF AUTHORITIES —Notwithstanding any other provision of law the Inspector General of the Department of State and the Foreign Service is authorized to exercise the authorities of the Inspector General Act of 1978 with respect to the Open Technology Fund ’’ c CONFORMING AMENDMENTS —The United States International Broadcasting Act of 1994 is amended— 1 in section 304 d 22 U S C 6203 d by inserting ‘‘the Open Technology Fund ’’ before ‘‘the Middle East Broadcasting Networks’’ 2 in sections 305 and 310 22 U S C 6204 and 6209 by inserting ‘‘the Open Technology Fund ’’ before ‘‘or the Middle East Broadcasting Networks’’ each place such term appears and 3 in section 310 22 U S C 6209 by inserting ‘‘the Open Technology Fund ’’ before ‘‘and the Middle East Broadcasting Networks’’ each place such term appears d AUTHORIZATION OF APPROPRIATIONS —There is authorized to be appropriated for the Open Technology Fund $25 000 000 for fiscal year 2022 to carry out section 309A of the United States International Broadcasting Act of 1994 as added by subsection b of this section e EFFECTIVE DATE —Section 309A of the United States International Broadcasting Act of 1994 as added by subsection b of this section and subsections c and d of this section shall take effect and apply beginning on July 1 2021 SEC 1299Q UNITED STATES AGENCY FOR GLOBAL MEDIA a SENSE OF CONGRESS —It is the sense of Congress that the Office of Cuba Broadcasting should— H R 6395—634 1 remain an independent entity of the United States Agency for Global Media and 2 continue taking steps to ensure that the Office is fulfilling its core mission of promoting freedom and democracy by providing the people of Cuba with objective news and information programming b STANDARDS AND PRINCIPLES —Section 303 of the United States International Broadcasting Act of 1994 22 U S C 6202 is amended— 1 in subsection a by inserting ‘‘ including editorial independence’’ before the semicolon at the end and 2 in subsection b by inserting ‘‘ including editorial independence ’’ after ‘‘programing’’ c AUTHORITIES OF THE CHIEF EXECUTIVE OFFICER LIMITATION ON CORPORATE LEADERSHIP OF GRANTEES —Section 305 of the United States International Broadcasting Act of 1994 22 U S C 6204 is amended— 1 in subsection a — A in paragraph 20 by inserting ‘‘in accordance with subsection c ’’ before the period at the end B in paragraph 21 — i by striking ‘‘including with Federal officials ’’ and ii by inserting ‘‘in accordance with subsection c ’’ before the period at the end C by adding at the end the following new paragraph ‘‘ 23 To— ‘‘ A require annual content reviews of each language service of Voice of America The Office of Cuba Broadcasting and each grantee network consisting of a review of at least 10 percent of available unique weekly content from any selected week from the previous year which shall be conducted to the extent practicable by fluent language speakers and experts without direct affiliation to the language service being reviewed who are seeking any evidence of inappropriate or unprofessional content which shall be submitted to the Office of Policy Research the head and Board of the respective language service and the Chief Executive Officer ‘‘ B submit to the appropriate congressional committees a list of anomalous reports including status updates on anomalous services during the 3-year period commencing on the date of receipt of the first report of biased unprofessional or otherwise problematic content ″ and ‘‘ C launch a review using external native-language and regional experts the results of which are to be reported to the appropriate congressional committees if a widespread pattern of violations of the principles standards or journalistic code of ethics of a language service or grantee network has been identified ’’ and 2 by adding at the end the following new subsection ‘‘ c LIMITATION ON CORPORATE LEADERSHIP OF GRANTEES — ‘‘ 1 IN GENERAL —The Chief Executive Officer may not award any grant under subsection a to RFE RL Inc Radio Free Asia the Middle East Broadcasting Networks the Open Technology Fund or any other grantee authorized under this title collectively referred to as ‘Agency Grantee Networks’ H R 6395—635 unless the incorporation documents of any such grantee require that the corporate leadership and Board of Directors of such grantee be selected in accordance with this Act ‘‘ 2 CONFLICTS OF INTEREST — ‘‘ A CHIEF EXECUTIVE OFFICER —The Chief Executive Officer may not serve on any of the corporate boards of any grantee under subsection a ‘‘ B FEDERAL EMPLOYEES —A full-time employee of a Federal agency may not serve on a corporate board of any grantee under subsection a ‘‘ 3 QUALIFICATIONS OF GRANTEE BOARD MEMBERS — Individuals appointed under subsection a to the Board of Directors of any of the Agency Grantee Networks shall have requisite expertise in journalism technology broadcasting or diplomacy or appropriate language or cultural understanding relevant to the grantee’s mission ’’ d INTERNATIONAL BROADCASTING ADVISORY BOARD —Section 306 of the United States International Broadcasting Act of 1994 22 U S C 6205 is amended— 1 by striking subsections a through c and inserting the following ‘‘ a IN GENERAL —The International Broadcasting Advisory Board referred to in this section as the ‘Advisory Board’ shall advise the Chief Executive Officer of the United States Agency for Global Media as appropriate The Advisory Board as established shall exist within the executive branch as an entity described in section 104 of title 5 United States Code ‘‘ b COMPOSITION OF THE ADVISORY BOARD — ‘‘ 1 IN GENERAL —The Advisory Board shall consist of seven members of whom— ‘‘ A six shall be appointed by the President by and with the advice and consent of the Senate in accordance with subsection c and ‘‘ B one shall be the Secretary of State ‘‘ 2 CHAIR —The President shall designate with the advice and consent of the Senate one of the members appointed under paragraph 1 A as Chair of the Advisory Board ‘‘ 3 PARTY LIMITATION —Not more than three members of the Advisory Board appointed under paragraph 1 A may be affiliated with the same political party ‘‘ 4 TERMS OF OFFICE — ‘‘ A IN GENERAL —Except as provided in subparagraph B members of the Advisory Board shall serve for a single term of 4 years except that of the first group of members appointed under paragraph 1 A — ‘‘ i two members who are not affiliated with the same political party shall be appointed for terms ending on the date that is 2 years after the date of the enactment of the U S Agency for Global Media Reform Act ‘‘ ii two members who are not affiliated with the same political party shall be appointed for terms ending on the date that is 4 years after the date of the enactment of the U S Agency for Global Media Reform Act and ‘‘ iii two members who are not affiliated with the same political party shall be appointed for terms H R 6395—636 ending on the date that is 6 years after the date of the enactment of the U S Agency for Global Media Reform Act ‘‘ B SECRETARY OF STATE —The Secretary of State shall serve as a member of the Advisory Board for the duration of his or her tenure as Secretary of State ‘‘ 5 VACANCIES — ‘‘ A IN GENERAL —The President shall appoint with the advice and consent of the Senate additional members to fill vacancies on the Advisory Board occurring before the expiration of a term ‘‘ B TERM —Any members appointed pursuant to subparagraph A shall serve for the remainder of such term ‘‘ C SERVICE BEYOND TERM —Any member whose term has expired shall continue to serve as a member of the Advisory Board until a qualified successor has been appointed and confirmed by the Senate ‘‘ D SECRETARY OF STATE —When there is a vacancy in the office of Secretary of State the Acting Secretary of State shall serve as a member of the Advisory Board until a new Secretary of State is appointed ’’ 2 by redesignating subsection d as subsection c 3 by amending subsection c as redesignated— A in the subsection heading by inserting ‘‘ADVISORY’’ before ‘‘BOARD’’ and B in paragraph 2 by inserting ‘‘who are’’ before ‘‘distinguished’’ and 4 by striking subsections e and f and inserting the following new subsections ‘‘ d FUNCTIONS OF THE ADVISORY BOARD —The members of the Advisory Board shall— ‘‘ 1 provide the Chief Executive Officer of the United States Agency for Global Media with advice and recommendations for improving the effectiveness and efficiency of the Agency and its programming ‘‘ 2 meet with the Chief Executive Officer at least four times annually including twice in person as practicable and at additional meetings at the request of the Chief Executive Officer or the Chair of the Advisory Board ‘‘ 3 report periodically or upon request to the congressional committees specified in subsection c 2 regarding its advice and recommendations for improving the effectiveness and efficiency of the United States Agency for Global Media and its programming ‘‘ 4 obtain information from the Chief Executive Officer as needed for the purposes of fulfilling the functions described in this subsection ‘‘ 5 consult with the Chief Executive Officer regarding budget submissions and strategic plans before they are submitted to the Office of Management and Budget or to Congress ‘‘ 6 advise the Chief Executive Officer to ensure that— ‘‘ A the Chief Executive Officer fully respects the professional integrity and editorial independence of United States Agency for Global Media broadcasters networks and grantees and H R 6395—637 ‘‘ B agency networks broadcasters and grantees adhere to the highest professional standards and ethics of journalism including taking necessary actions to uphold professional standards to produce consistently reliable and authoritative accurate objective and comprehensive news and information and ‘‘ 7 provide other strategic input to the Chief Executive Officer ‘‘ e APPOINTMENT OF HEADS OF NETWORKS — ‘‘ 1 IN GENERAL —The heads of Voice of America the Office of Cuba Broadcasting RFE RL Inc Radio Free Asia the Middle East Broadcasting Networks the Open Technology Fund or of any other grantee authorized under this title may only be appointed or removed if such action has been approved by a majority vote of the Advisory Board ‘‘ 2 REMOVAL —After consulting with the Chief Executive Officer five or more members of the Advisory Board may unilaterally remove any such head of network or grantee network described in paragraph 1 ‘‘ 3 QUORUM — ‘‘ A IN GENERAL —A quorum shall consist of four members of the Advisory Board excluding the Secretary of State ‘‘ B DECISIONS —Except as provided in paragraph 2 decisions of the Advisory Board shall be made by majority vote a quorum being present ‘‘ C CLOSED SESSIONS —The Advisory Board may meet in closed sessions in accordance with section 552b of title 5 United States Code ‘‘ f COMPENSATION — ‘‘ 1 IN GENERAL —Members of the Advisory Board while attending meetings of the Advisory Board or while engaged in duties relating to such meetings or in other activities of the Advisory Board under this section including travel time shall be entitled to receive compensation equal to the daily equivalent of the compensation prescribed for level IV of the Executive Schedule under section 5315 of title 5 United States Code ‘‘ 2 TRAVEL EXPENSES —While away from their homes or regular places of business members of the Board may be allowed travel expenses including per diem in lieu of subsistence as authorized under section 5703 of such title for persons in the Government service employed intermittently ‘‘ 3 SECRETARY OF STATE —The Secretary of State is not entitled to any compensation under this title but may be allowed travel expenses in accordance with paragraph 2 ‘‘ g SUPPORT STAFF —The Chief Executive Officer shall from within existing United States Agency for Global Media personnel provide the Advisory Board with an Executive Secretary and such administrative staff and support as may be necessary to enable the Advisory Board to carry out subsections d and e ’’ e CONFORMING AMENDMENTS —The United States International Broadcasting Act of 1994 22 U S C 6201 et seq is amended— 1 in section 304— H R 6395—638 A in the section heading by striking ‘‘BROADCASTING inserting ‘‘UNITED STATES BOARD OF GOVERNORS’’ and AGENCY FOR GLOBAL MEDIA’’ B in subsection a by striking ‘‘Broadcasting Board of Governors’’ and inserting ‘‘United States Agency for Global Media’’ C in subsection b 1 by striking ‘‘Broadcasting Board of Governors’’ and inserting ‘‘United States Agency for Global Media’’ and D in subsection c by striking ‘‘Board’’ each place such term appears and inserting ‘‘Agency’’ 2 in section 305— A in subsection a — i in paragraph 6 by striking ‘‘Board’’ and inserting ‘‘Agency’’ ii in paragraph 13 by striking ‘‘Board’’ and inserting ‘‘Agency’’ iii in paragraph 20 by striking ‘‘Board’’ and inserting ‘‘Agency’’ and iv in paragraph 22 by striking ‘‘Board’’ and inserting ‘‘Agency’’ B in subsection b by striking ‘‘Board’’ each place such term appears and inserting ‘‘Agency’’ 3 in section 308— A in subsection a in the matter preceding paragraph 1 by striking ‘‘Board’’ and inserting ‘‘Agency’’ B in subsection b by striking ‘‘Board’’ each place such term appears and inserting ‘‘Agency’’ C in subsection d by striking ‘‘Board’’ and inserting ‘‘Agency’’ D in subsection g by striking ‘‘Board’’ each place such term appears and inserting ‘‘Agency’’ E in subsection h 5 by striking ‘‘Board’’ and inserting ‘‘Agency’’ and F in subsection i in the first sentence by striking ‘‘Board’’ and inserting ‘‘Agency’’ 4 in section 309— A in subsection c 1 by striking ‘‘Board’’ each place such term appears and inserting ‘‘Agency’’ B in subsection e in the matter preceding paragraph 1 by striking ‘‘Board’’ and inserting ‘‘Agency’’ C in subsection f by striking ‘‘Board’’ each place such term appears and inserting ‘‘Agency’’ and D in subsection g by striking ‘‘Board’’ and inserting ‘‘Agency’’ 5 in section 310 d by striking ‘‘Board’’ and inserting ‘‘Agency’’ 6 in section 310A a by striking ‘‘Broadcasting Board of Governors’’ and inserting ‘‘United States Agency for Global Media’’ 7 in section 310B by striking ‘‘Board’’ and inserting ‘‘Agency’’ 8 by striking section 312 9 in section 313 a in the matter preceding paragraph 1 by striking ‘‘Board’’ and inserting ‘‘Agency’’ 10 in section 314— H R 6395—639 A by striking ‘‘ 4 the terms ‘Board and Chief Executive Officer of the Board’ means the Broadcasting Board of Governors’’ and inserting the following ‘‘ 2 the terms ‘Agency’ and ‘Chief Executive Officer of the Agency’ mean the United States Agency for Global Media and the Chief Executive Officer of the United States Agency for Global Media respectively ’’ and B in paragraph 3 — i by striking ‘‘includes—’’ and inserting ‘‘means the corporation having the corporate title described in section 308’’ and ii by striking subparagraphs A and B and 11 in section 316— A in subsection a 1 by striking ‘‘Broadcasting Board of Governors’’ and inserting ‘‘United States Agency for Global Media’’ and B in subsection c by striking ‘‘Broadcasting Board of Governors’’ and inserting ‘‘United States Agency for Global Media’’ f SAVINGS PROVISIONS —Section 310 of the United States International Broadcasting Act of 1994 22 U S C 6209 is amended by adding at the end the following new subsections ‘‘ f MAINTENANCE OF PROPRIETARY INFORMATION —No consolidation of grantees authorized under subsection a involving any grantee shall result in any legal transfer of ownership of any proprietary information or intellectual property to the United State Agency for Global Media or any other Federal entity ‘‘ g RULE OF CONSTRUCTION —No consolidation of grantees authorized under subsection a shall result in the consolidation of the Open Technology Fund or any successor entity with any other grantee ’’ SEC 1299R LEVERAGING INFORMATION ON FOREIGN TRAFFICKERS a SENSE OF CONGRESS —It is the sense of Congress that— 1 the annual Trafficking In Persons Report prepared by the Department of State pursuant to the Trafficking Victims Protection Act of 2000 the ‘‘TIP Report’’ remains one of the most comprehensive timely and important sources of information on human trafficking in the world and currently includes 187 individual country narratives 2 in January 2019 the statute mandating the TIP Report was amended to require that each report must cover efforts and activities occurring within the period from April 1 of the prior year through March 31 of the current year which necessarily requires the collection and transmission of information after March 31 3 ensuring that the Department of State has adequate time to receive analyze and incorporate trafficking-related information into its annual Trafficking In Persons Report is important to the quality and comprehensiveness of that report 4 information regarding prevalence and patterns of human trafficking is important for understanding the scourge of modern slavery and making effective decisions about where and how to combat it and 5 United States officials responsible for monitoring and combating trafficking in persons around the world should receive available information regarding where and how often H R 6395—640 United States diplomatic and consular officials encounter persons who are responsible for or who knowingly benefit from severe forms of trafficking in persons b ANNUAL DEADLINE FOR TRAFFICKING IN PERSONS REPORT — Section 110 b 1 of the Trafficking Victims Protection Act of 2000 22 U S C 7107 b 1 is amended by striking ‘‘June 1’’ and inserting ‘‘June 30’’ c UNITED STATES ADVISORY COUNCIL ON HUMAN TRAFFICKING — 1 EXTENSION —Section 115 h of the Justice for Victims of Trafficking Act of 2015 Public Law 114–22 129 Stat 243 is amended by striking ‘‘September 30 2021’’ and inserting ‘‘September 30 2025’’ 2 COMPENSATION —Section 115 f of the Justice for Victims of Trafficking Act of 2015 Public Law 114–22 129 Stat 243 is amended— A in paragraph 1 by striking ‘‘and’’ after the semicolon at the end B in paragraph 2 by striking the period at end and inserting ‘‘ and’’ and C by adding at the end the following new paragraph ‘‘ 3 may each receive compensation for each day such member is engaged in the actual performance of the duties of the Council ’’ 3 COMPENSATION REPORT —Not later than 120 days after the date of the enactment of this Act the Secretary of State shall provide to the relevant congressional committees a plan to implement compensation for members of the United States Advisory Council on Human Trafficking pursuant to paragraph 3 of section 115 f of the Justice for Victims of Trafficking Act of 2015 Public Law 114–22 129 Stat 243 as added by paragraph 2 d TIMELY PROVISION OF INFORMATION TO THE OFFICE TO MONITOR AND COMBAT TRAFFICKING IN PERSONS OF THE DEPARTMENT OF STATE — 1 IN GENERAL —Section 106 of the Trafficking Victims Protection Act of 2000 22 U S C 7104 is amended by adding at the end the following new subsection ‘‘ l INFORMATION REGARDING HUMAN TRAFFICKING-RELATED VISA DENIALS — ‘‘ 1 IN GENERAL —The Secretary of State shall ensure that the Office to Monitor and Combat Trafficking in Persons and the Bureau of Diplomatic Security of the Department of State receive timely and regular information regarding United States visa denials based in whole or in part on grounds related to human trafficking ‘‘ 2 DECISIONS REGARDING ALLOCATION —The Secretary of State shall ensure that decisions regarding the allocation of resources of the Department of State related to combating human trafficking and to law enforcement presence at United States diplomatic and consular posts appropriately take into account— ‘‘ A the information described in paragraph 1 and ‘‘ B the information included in the most recent report submitted in accordance with section 110 b ’’ H R 6395—641 2 CONFORMING AMENDMENT —Section 103 of the Trafficking Victims Protection Act of 2000 22 U S C 7102 is amended by adding at the end the following new paragraph ‘‘ 18 GROUNDS RELATED TO HUMAN TRAFFICKING —The term ‘grounds related to human trafficking’ means grounds related to the criteria for inadmissibility to the United States described in subsection a 2 H of section 212 of the Immigration and Nationality Act 8 U S C 1182 ’’ e REPORTS TO CONGRESS — 1 INITIAL REPORT —Not later than 90 days after the date of the enactment of this Act the Secretary of State shall provide to the relevant congressional committees a report that— A describes the actions that have been taken and that are planned to implement subsection l of section 106 of the Trafficking Victims Protection Act of 2000 22 U S C 7104 as added by subsection d 1 and B identifies by country and by United States diplomatic or consular post the number of visa applications denied during the previous calendar year with respect to which the basis for such denial included grounds related to human trafficking as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000 22 U S C 7102 as amended by subsection d 2 2 ANNUAL REPORT —Beginning with the first annual antitrafficking report that is required under subsection b 1 of section 110 of the Trafficking Victims Protection Act of 2000 22 U S C 7107 to be submitted after the date of the enactment of this Act and concurrent with each such subsequent submission for the following 7 years the Secretary of State shall submit to the relevant congressional committees a report that contains information relating to the number and the locations of United States visa denials based in whole or in part on grounds related to human trafficking as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000 22 U S C 7102 as amended by subsection d 2 during the period covered by each such annual anti-trafficking report f DEFINITIONS —In this section 1 LOCATION OF UNITED STATES VISA DENIALS —The term ‘‘location of United States visa denials’’ means— A the United States diplomatic or consular post at which a denied United States visa application was adjudicated and B the city or locality of residence of the applicant whose visa application was so denied 2 RELEVANT CONGRESSIONAL COMMITTEES —The term ‘‘relevant congressional committees’’ means— A the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives and B the Committee on Foreign Relations and the Committee on the Judiciary of the Senate SEC 1299S RULE OF CONSTRUCTION RELATING TO USE OF MILITARY FORCE Nothing in this Act or any amendment made by this Act may be construed to authorize the use of military force H R 6395—642 TITLE XIII—COOPERATIVE THREAT REDUCTION Sec 1301 Funding allocations specification of cooperative threat reduction funds SEC 1301 FUNDING ALLOCATIONS SPECIFICATION OF COOPERATIVE THREAT REDUCTION FUNDS a FUNDING ALLOCATION —Of the $360 190 000 authorized to be appropriated to the Department of Defense for fiscal year 2021 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act 50 U S C 3711 the following amounts may be obligated for the purposes specified 1 For strategic offensive arms elimination $2 924 000 2 For chemical weapons destruction $11 806 000 3 For global nuclear security $35 852 000 4 For cooperative biological engagement $225 396 000 5 For proliferation prevention $60 064 000 6 For activities designated as Other Assessments Administrative Costs $24 148 000 b SPECIFICATION OF COOPERATIVE THREAT REDUCTION FUNDS —Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2021 2022 and 2023 TITLE XIV—OTHER AUTHORIZATIONS Sec Sec Sec Sec Sec 1401 1402 1403 1404 1405 Subtitle A—Military Programs Working capital funds Chemical agents and munitions destruction defense Drug interdiction and counter-drug activities defense-wide Defense Inspector General 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 Subtitle A—Military Programs SEC 1401 WORKING CAPITAL FUNDS Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds as specified in the funding table in section 4501 H R 6395—643 SEC 1402 CHEMICAL DEFENSE AGENTS AND MUNITIONS DESTRUCTION a AUTHORIZATION OF APPROPRIATIONS —Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses not otherwise provided for for Chemical Agents and Munitions Destruction Defense as specified in the funding table in section 4501 b USE —Amounts authorized to be appropriated under subsection a are authorized for— 1 the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act 1986 50 U S C 1521 and 2 the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act SEC 1403 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES DEFENSE-WIDE Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses not otherwise provided for for Drug Interdiction and Counter-Drug Activities Defense-wide as specified in the funding table in section 4501 SEC 1404 DEFENSE INSPECTOR GENERAL Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses not otherwise provided for for the Office of the Inspector General of the Department of Defense as specified in the funding table in section 4501 SEC 1405 DEFENSE HEALTH PROGRAM Funds are hereby authorized to be appropriated for fiscal year 2021 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries as specified in the funding table in section 4501 Subtitle B—Armed Forces Retirement Home SEC 1411 AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT HOME There is hereby authorized to be appropriated for fiscal year 2021 from the Armed Forces Retirement Home Trust Fund the sum of $70 300 000 for the operation of the Armed Forces Retirement Home SEC 1412 EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE ARMED FORCES RETIREMENT HOME a EXPANSION OF ELIGIBILITY —Section 1512 a of the Armed Forces Retirement Home Act of 1991 24 U S C 412 a is amended— 1 in the matter preceding paragraph 1 by striking ‘‘active’’ in the first sentence 2 in paragraph 1 by striking ‘‘are 60 years of age or over and’’ and 3 by adding the following new paragraph H R 6395—644 ‘‘ 5 Persons who are eligible for retired pay under chapter 1223 of title 10 United States Code and are— ‘‘ A eligible for care under section 1710 of title 38 United States Code ‘‘ B enrolled in coverage under chapter 55 of title 10 United States Code or ‘‘ C enrolled in a qualified health plan as defined in section 1301 a of the Patient Protection and Affordable Care Act 42 U S C 18021 a that is acceptable to the Chief Operating Officer ’’ b PARITY OF FEES AND DEDUCTIONS —Section 1514 c of such Act 24 U S C 414 c is amended— 1 by amending paragraph 2 to read as follows ‘‘ 2 A The fee shall be fixed as a percentage of the monthly income and monthly payments including Federal payments received by a resident The percentage shall be the same for each facility of the Retirement Home The Secretary of Defense may make any adjustment in a percentage that the Secretary determines appropriate ‘‘ B The calculation of monthly income and monthly payments under subparagraph A for a resident eligible under section 1512 a 5 shall not be less than the retirement pay for equivalent active duty service as determined by the Chief Operating Officer except as the Chief Operating Officer may provide because of the compelling personal circumstances of such resident ’’ and 2 by adding at the end the following new paragraph ‘‘ 4 The Administrator of each facility of the Retirement Home may collect a fee upon admission from a resident accepted under section 1512 a 5 equal to the deductions then in effect under section 1007 i 1 of title 37 United States Code for each year of service computed under chapter 1223 of title 10 United States Code and shall deposit such fee in the Armed Forces Retirement Home Trust Fund ’’ c CONFORMING AMENDMENT —Section 1007 i 3 of title 37 United States Code is amended by striking ‘‘Armed Forces Retirement Home Board’’ and inserting ‘‘Chief Operating Officer of the Armed Forces Retirement Home’’ SEC 1413 PERIODIC INSPECTIONS OF ARMED FORCES RETIREMENT HOME FACILITIES BY NATIONALLY RECOGNIZED ACCREDITING ORGANIZATION a IN GENERAL —Section 1518 of the Armed Forces Retirement Home Act of 1991 24 U S C 418 is amended to read as follows ‘‘SEC 1518 PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES ‘‘ a INSPECTIONS —The Chief Operating Officer shall request the inspection of each facility of the Retirement Home by a nationally recognized civilian accrediting organization in accordance with section 1511 g on a frequency consistent with the standards of such organization ‘‘ b AVAILABILITY OF STAFF AND RECORDS —The Chief Operating Officer and the Administrator of a facility being inspected under this section shall make all staff other personnel and records of the facility available to the civilian accrediting organization in a timely manner for purposes of inspections under this section ‘‘ c REPORTS —Not later than 60 days after receiving a report on an inspection from the civilian accrediting organization under H R 6395—645 this section the Chief Operating Officer shall submit to the Secretary of Defense the Senior Medical Advisor and the Advisory Council a report containing— ‘‘ 1 the results of the inspection and ‘‘ 2 a plan to address any recommendations and other matters set forth in the report ’’ b CONFORMING AMENDMENTS —The Armed Forces Retirement Home Act of 1991 24 U S C 401 et seq is further amended as follows 1 In section 1513A c 2 24 U S C 413a c 2 by striking ‘‘ including requirements identified in applicable reports of the Inspector General of the Department of Defense ’’ 2 In section 1516 b 3 24 U S C 416 b 3 — A by striking ‘‘shall—’’ and all that follows through ‘‘provide for’’ and inserting ‘‘shall provide for’’ B by striking ‘‘ and’’ and inserting a period and C by striking subparagraph B 3 In section 1517 e 2 24 U S C 417 e 2 by striking ‘‘the Inspector General of the Department of Defense ’’ c CLERICAL AMENDMENT —The table of contents set forth in section 1501 b of the Armed Forces Retirement Home Act of 1991 24 U S C 401 note is amended by striking the item related to section 1518 and inserting the following ‘‘Sec 1518 Periodic inspection of Retirement Home facilities ’’ Subtitle C—Other Matters SEC 1421 AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN JAMES A LOVELL HEALTH CARE CENTER ILLINOIS a AUTHORITY FOR TRANSFER OF FUNDS —Of the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance $137 000 000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection a 1 of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 Public Law 111–84 123 Stat 2571 For purposes of subsection a 2 of such section 1704 any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer b USE OF TRANSFERRED FUNDS —For the purposes of subsection b of such section 1704 facility operations for which funds transferred under subsection a may be used are operations of the Captain James A Lovell Federal Health Care Center consisting of the North Chicago Veterans Affairs Medical Center the Navy Ambulatory Care Center and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 Public Law 110–417 122 Stat 4500 H R 6395—646 TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 Subtitle A—Authorization of Appropriations Purpose Overseas contingency operations Procurement Research development test and evaluation Operation and maintenance Military personnel Working capital funds Drug interdiction and counter-drug activities defense-wide Defense Inspector General 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 Subtitle A—Authorization of Appropriations SEC 1501 PURPOSE The purpose of this title is to authorize appropriations for the Department of Defense for fiscal year 2021 to provide additional funds for overseas contingency operations being carried out by the Armed Forces SEC 1502 OVERSEAS CONTINGENCY OPERATIONS Funds are hereby authorized to be appropriated for fiscal year 2021 for the Department of Defense for overseas contingency operations in such amounts as may be designated as provided in section 251 b 2 A ii of the Balanced Budget and Emergency Deficit Control Act of 1985 2 U S C 901 b 2 A ii SEC 1503 PROCUREMENT Funds are hereby authorized to be appropriated for fiscal year 2021 for procurement accounts for the Army the Navy and the Marine Corps the Air Force and the Space Force and Defensewide activities as specified in the funding table in section 4102 SEC 1504 RESEARCH DEVELOPMENT TEST AND EVALUATION Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Department of Defense for research development test and evaluation as specified in the funding table in section 4202 SEC 1505 OPERATION AND MAINTENANCE Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses not otherwise provided for for operation and maintenance as specified in the funding table in section 4302 H R 6395—647 SEC 1506 MILITARY PERSONNEL Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses not otherwise provided for military personnel accounts as specified in the funding table in section 4402 SEC 1507 WORKING CAPITAL FUNDS Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds as specified in the funding table in section 4502 SEC 1508 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES DEFENSE-WIDE Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses not otherwise provided for for Drug Interdiction and Counter-Drug Activities Defense-wide as specified in the funding table in section 4502 SEC 1509 DEFENSE INSPECTOR GENERAL Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses not otherwise provided for for the Office of the Inspector General of the Department of Defense as specified in the funding table in section 4502 SEC 1510 DEFENSE HEALTH PROGRAM Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses not otherwise provided for for the Defense Health Program as specified in the funding table in section 4502 Subtitle B—Financial Matters SEC 1511 TREATMENT AS ADDITIONAL AUTHORIZATIONS The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act SEC 1512 SPECIAL TRANSFER AUTHORITY a AUTHORITY TO TRANSFER AUTHORIZATIONS — 1 AUTHORITY —Upon determination by the Secretary of Defense that such action is necessary in the national interest the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2021 between any such authorizations for that fiscal year or any subdivisions thereof Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred 2 LIMITATION —The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $2 000 000 000 b TERMS AND CONDITIONS —Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001 H R 6395—648 c ADDITIONAL AUTHORITY —The transfer authority provided by this section is in addition to the transfer authority provided under section 1001 Subtitle C—Other Matters SEC 1521 AFGHANISTAN SECURITY FORCES FUND a CONTINUATION OF PRIOR AUTHORITIES AND NOTICE AND REPORTING REQUIREMENTS —Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2021 shall be subject to the conditions contained in— 1 subsections b through f of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 Public Law 110–181 122 Stat 428 and 2 section 1521 d 1 of the National Defense Authorization Act for Fiscal Year 2017 Public Law 114–328 130 Stat 2577 as amended by subsection b b EXTENSION OF PRIOR NOTICE AND REPORTING REQUIREMENTS —Section 1521 d 1 of the National Defense Authorization Act for Fiscal Year 2017 Public Law 114–328 130 Stat 2577 is amended by striking ‘‘through January 31 2021’’ and inserting ‘‘through January 31 2023’’ c EQUIPMENT DISPOSITION — 1 ACCEPTANCE OF CERTAIN EQUIPMENT —Subject to paragraph 2 the Secretary of Defense may accept equipment that is procured using amounts authorized to be appropriated for the Afghanistan Security Forces Fund by this Act and is intended for transfer to the security forces of the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan but is not accepted by such security forces 2 CONDITIONS ON ACCEPTANCE OF EQUIPMENT —Before accepting any equipment under the authority provided under paragraph 1 the Commander of United States forces in Afghanistan shall make a determination that such equipment was procured for the purpose of meeting requirements of the security forces of the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan as agreed to by both the Government of Afghanistan and the U S Government but is no longer required by such security forces or was damaged before transfer to such security forces 3 ELEMENTS OF DETERMINATION —In making a determination under paragraph 2 regarding equipment the Commander of United States forces in Afghanistan shall consider alternatives to the acceptance of such equipment by the Secretary An explanation of each determination including the basis for the determination and the alternatives considered shall be included in the relevant quarterly report required under paragraph 5 4 TREATMENT AS DEPARTMENT OF DEFENSE STOCKS — Equipment accepted under the authority provided under paragraph 1 may be treated as stocks of the Department of Defense upon notification to the congressional defense committees of such treatment 5 QUARTERLY REPORTS ON EQUIPMENT DISPOSITION — H R 6395—649 A IN GENERAL —Not later than 90 days after the date of the enactment of this Act and every 90 days thereafter during the period in which the authority provided under paragraph 1 is exercised the Secretary shall submit to the congressional defense committees a report describing the equipment accepted during the period covered by such report under the following i This subsection ii Section 1521 b of the National Defense Authorization Act for Fiscal Year 2017 Public Law 114–328 130 Stat 2575 iii Section 1531 b of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114–92 129 Stat 1088 iv Section 1532 b of the Carl Levin and Howard P ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 Public Law 113–291 128 Stat 3613 v Section 1531 d of the National Defense Authorization Act for Fiscal Year 2014 Public Law 113–66 127 Stat 938 10 U S C 2302 note B ELEMENTS —Each report under subparagraph A shall include with respect to the 90-day period for which the report is submitted— i a list of any equipment accepted during such period and treated as stocks of the Department of Defense and ii copies of any determinations made under paragraph 2 during such period as required under paragraph 3 d SECURITY OF AFGHAN WOMEN — 1 IN GENERAL —Of the funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2021 it is the goal that $29 100 000 but in no event less than $10 000 000 shall be used for programs and activities for— A the recruitment integration retention training and treatment of women in the Afghan National Defense and Security Forces and B the recruitment training and contracting of female security personnel for future elections 2 TYPES OF PROGRAMS AND ACTIVITIES —Such programs and activities may include— A efforts to recruit and retain women into the Afghan National Defense and Security Forces including the special operations forces B programs and activities of the Directorate of Human Rights and Gender Integration of the Ministry of Defense and the Office of Human Rights Gender and Child Rights of the Ministry of Interior Affairs of the Government of Afghanistan C development and dissemination of gender and human rights educational and training materials and programs within the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan H R 6395—650 D efforts to address harassment and violence against women within the Afghan National Defense and Security Forces E improvements to infrastructure that address the requirements of women serving in the Afghan National Defense and Security Forces including appropriate equipment for female security and police forces remediation renovation and protection of facilities used by women and transportation for policewomen to their station F support for Afghanistan National Police Family Response Units G security provisions for high-profile female police and military officers H programs to promote conflict prevention management and resolution through the meaningful participation of Afghan women in the Afghan National Defense and Security Forces by exposing Afghan women and girls to the activities of and careers available with such forces encouraging their interest in such careers or developing their interest and skills necessary for service in such forces and I enhancements to Afghan National Defense and Security Forces recruitment programs for targeted advertising with the goal of increasing the number of female recruits e ASSESSMENT OF AFGHANISTAN PROGRESS ON OBJECTIVES — 1 ASSESSMENT REQUIRED —Not later than March 1 2021 the Secretary of Defense in consultation with the Secretary of State shall submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate an assessment describing— A the progress of the Government of Afghanistan toward meeting shared security objectives including specific milestones achieved since the date on which the assessment required under section 1520 d 1 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1716 was submitted and B the efforts of the Government of Afghanistan to manage employ and sustain the equipment and inventory provided under subsection a 2 MATTERS TO BE INCLUDED —The assessment required under paragraph 1 shall include each of the following A The progress made by the Government of Afghanistan toward increased accountability and the reduction of corruption within the Ministry of Defense and the Ministry of Interior Affairs of such Government B The extent to which the capability and capacity of the Afghan National Defense and Security Forces have improved as a result of Afghanistan Security Forces Fund investment including through training and an articulation of the metrics used to assess such improvements C The extent to which the Afghan National Defense and Security Forces have been successful in— i defending territory re-taking territory and disrupting attacks H R 6395—651 ii reducing the use of Aghan National Defense and Security Forces checkpoints and iii curtailing the use of Afghan Special Security Forces for missions that are better suited to general purpose forces D The distribution practices of the Afghan National Defense and Security Forces and whether the Government of Afghanistan has ensured that supplies equipment and weaponry supplied by the United States are appropriately distributed to and employed by security forces E The extent to which the Government of Afghanistan has designated the appropriate staff prioritized the development of relevant processes and provided or requested the allocation of resources necessary to support a peace and reconciliation process in Afghanistan F A description of the ability of the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan to manage and account for previously divested equipment including a description of any vulnerabilities or weaknesses of the internal controls of such Ministries and any plan in place to address shortfalls G A description of any significant irregularities in the divestment of equipment to the Afghan National Defense and Security Forces during the period beginning on May 1 2020 and ending on March 1 2021 including any major losses of such equipment or any inability on the part of the Afghan National Defense and Security Forces to account for equipment procured during such period H A description of the sustainment and maintenance costs required during the five-year period beginning on the date of the enactment of this Act for major weapons platforms previously divested and a description of the plan for the Afghan National Defense and Security Forces to maintain such platforms in the future I The extent to which the Government of Afghanistan has adhered to conditions for receiving assistance established in annual financial commitment letters or any other bilateral agreements with the United States J The extent to which the Government of Afghanistan or the Secretary of Defense has developed a plan to integrate former Taliban fighters into the Ministry of Defense or the Ministry of Interior Affairs of the Government of Afghanistan K Such other factors as the Secretaries consider appropriate 3 FORM —The assessment required under paragraph 1 shall be submitted in unclassified form but may include a classified annex 4 WITHHOLDING OF ASSISTANCE FOR INSUFFICIENT PROGRESS — A CERTIFICATION —Not later than December 31 2020 the Secretary of Defense in coordination with the Secretary of State and pursuant to the assessment required under paragraph 1 shall submit to the congressional defense committees a certification indicating whether the Government of the Islamic Republic of Afghanistan has made H R 6395—652 sufficient progress in the areas described in paragraph 2 B WITHHOLDING OF FUNDS —If the Secretary of Defense is unable to certify under subparagraph A that the Government of Afghanistan has made sufficient progress in the areas described in paragraph 2 the Secretary of Defense shall— i withhold from expenditure and obligation an amount that is not less than 5 percent and not more than 15 percent of the amounts made available for assistance for the Afghan National Defense and Security Forces for fiscal year 2021 until the date on which the Secretary is able to so certify and ii notify the congressional defense committees not later than 30 days before withholding such funds and indicate each specific area of insufficient progress C WAIVER —If the Secretary of Defense determines that withholding assistance under this paragraph would impede the national security objectives of the United States by prohibiting restricting delaying or otherwise limiting the provision of assistance to the Afghan National Defense and Security Forces for fiscal year 2021 the Secretary may waive the withholding requirement under subparagraph B if the Secretary in coordination with the Secretary of State certifies such determination to the congressional defense committees not later than 30 days before the effective date of the waiver f ADDITIONAL REPORTING REQUIREMENTS —The Secretary of Defense shall include in the materials submitted in support of the budget for fiscal year 2022 that is submitted by the President under section 1105 a of title 31 United States Code each of the following 1 The amount of funding provided in fiscal year 2020 through the Afghanistan Security Forces Fund to the Government of Afghanistan in the form of direct government-to-government assistance or on-budget assistance for the purposes of supporting any entity of the Government of Afghanistan including the Afghan National Defense and Security Forces the Ministry of Defense or the Ministry of Interior Affairs of such Government 2 The amount of funding provided and anticipated to be provided as of the date of the submission of the materials in fiscal year 2021 through such Fund in such form 3 If the amount described in paragraph 2 exceeds the amount described in paragraph 1 — A an explanation as to why the amount described in paragraph 2 is greater and B a detailed description of the specific entities and purposes that were supported by such increase H R 6395—653 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 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 H R 6395—654 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 Subtitle A—Space Activities SEC 1601 SPACE DEVELOPMENT AGENCY DEVELOPMENT REQUIREMENTS AND TRANSFER TO SPACE FORCE a IN GENERAL —Chapter 908 of title 10 United States Code is amended by adding at the end the following new section ‘‘§ 9084 Space Development Agency ‘‘ a IN GENERAL — 1 There is a Space Development Agency of the Department of Defense in this section referred to as the ‘Agency’ The Director of the Space Development Agency shall be the head of the Agency ‘‘ 2 Effective on October 1 2022— ‘‘ A the Agency shall be an element of the Space Force and ‘‘ B the Director shall report— ‘‘ i pursuant to section 9016 b 6 B iv III of this title to the Assistant Secretary of the Air Force for Space Acquisition and Integration with respect to acquisition decisions and ‘‘ ii directly to the Chief of Space Operations with respect to requirements decisions personnel decisions and any other matter not covered by clause i ‘‘ b DEVELOPMENT AND INTEGRATION AUTHORITIES —The Director shall lead— ‘‘ 1 the development and demonstration of a resilient military space-based sensing tracking and data transport architecture that uses proliferated low-Earth orbit systems and services ‘‘ 2 the integration of next-generation space capabilities such as novel sensors including with respect to alternate navigation and autonomous battle management features and sensor and tracking components including a hypersonic and ballistic missile tracking space sensor payload pursuant to section 1645 of the William M Mac Thornberry National Defense Authorization Act for Fiscal Year 2021 into the architecture specified in paragraph 1 to address the requirements and needs of the armed forces and combatant commands for such capabilities ‘‘ 3 the procurement of commercial capabilities and services including— ‘‘ A options for integrating payloads on commercial buses and spacecraft into existing commercial architectures and H R 6395—655 ‘‘ B innovative commercial capabilities and services such as on-orbit servicing or in-space transportation systems that could extend the life of space systems rapidly respond to threats or contribute to resilience and ‘‘ 4 the rapid introduction acquisition and iteration of cost-effective resilient solutions that leverage planned and existing commercial low-Earth orbit capabilities or innovative capabilities ‘‘ c BUDGET MATERIALS AND PROGRAM ELEMENTS —Beginning not later than with respect to fiscal year 2023 and each fiscal year thereafter— ‘‘ 1 in the budget justification materials submitted to Congress in support of the Department of Defense budget for a fiscal year as submitted with the budget of the President under section 1105 a of title 31 the amount requested for the activities of the Agency shall be separate from the other activities of the Space Force and ‘‘ 2 the Secretary of Defense shall ensure that the programs of the Agency are assigned program elements different from other program elements of the Space Force ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9083 the following new item ‘‘9084 Space Development Agency ’’ c CONFORMING AMENDMENT —Section 9016 b 6 B iv III of such title is amended by inserting before the period at the end the following ‘‘with respect to acquisition decisions’’ d TRANSITION — 1 TRANSFER —Effective on October 1 2022 the Secretary of Defense shall transfer the Space Development Agency from the Office of the Secretary of Defense to the Space Force 2 FUNDING DUTIES RESPONSIBILITIES AND PERSONNEL — Except as provided by section 9084 of title 10 United States Code the transfer under paragraph 1 of the Space Development Agency from the Office of the Secretary of Defense to the Space Force shall include the transfer of the funding duties responsibilities and personnel of the Agency as of the day before the date of the transfer SEC 1602 PERSONNEL MANAGEMENT AUTHORITY FOR SPACE DEVELOPMENT AGENCY FOR EXPERTS IN SCIENCE AND ENGINEERING a PROGRAM AUTHORIZED FOR SPACE DEVELOPMENT AGENCY — Section 1599h a of title 10 United States Code is amended by adding at the end the following new paragraph ‘‘ 7 SDA —The Director of the Space Development Agency may carry out a program of personnel management authority provided in subsection b in order to facilitate recruitment of eminent experts in science or engineering for research and development projects and to enhance the administration and management of the Agency The authority to carry out the program under this paragraph shall terminate on December 31 2025 ’’ b PERSONNEL MANAGEMENT AUTHORITY —Section 1599h b 1 of such title is amended— 1 by striking ‘‘and’’ at the end of subparagraph E H R 6395—656 2 by inserting ‘‘and’’ after the semicolon at the end of subparagraph F and 3 by adding at the end the following new subparagraph ‘‘ G in the case of the Space Development Agency appoint individuals to a total of not more than 10 positions in the Agency of which not more than 3 such positions may be positions of administration or management of the Agency ’’ SEC 1603 REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM NATIONAL TECHNOLOGY AND INDUSTRIAL BASE a IN GENERAL —Section 2534 a of title 10 United States Code as amended by section 845 is further amended by adding at the end the following new paragraph ‘‘ 5 STAR TRACKER —A star tracker used in a satellite weighing more than 400 pounds whose principle purpose is to support the national security defense or intelligence needs of the United States Government ’’ b CERTAIN EXEMPTION —Paragraph 5 of section 2534 a of title 10 United States Code as added by subsection a of this section shall not apply with respect to programs that have received Milestone A approval as defined in section 2431a of such title before October 1 2021 c CLARIFICATION OF DELEGATION AUTHORITY —Subject to subsection i of section 2534 of title 10 United States Code the Secretary of Defense may delegate to a service acquisition executive the authority to make a waiver under subsection d of such section with respect to the limitation under subsection a 5 of such section as added by subsection a of this section SEC 1604 CONFORMING AMENDMENTS RELATING TO REESTABLISHMENT OF SPACE COMMAND a CERTIFICATIONS REGARDING INTEGRATED TACTICAL WARNING ATTACK ASSESSMENT MISSION OF THE AIR FORCE —Section 1666 a of National Defense Authorization Act for Fiscal Year 2017 Public Law 114–328 113 Stat 2617 is amended by striking ‘‘Strategic Command’’ and inserting ‘‘Space Command’’ b COUNCIL ON OVERSIGHT OF THE DEPARTMENT OF DEFENSE POSITIONING NAVIGATION AND TIMING ENTERPRISE —Section 2279b of title 10 United States Code is amended— 1 in subsection b — A by redesignating paragraphs 7 8 9 and 10 as paragraphs 8 9 10 and 11 respectively and B by inserting after paragraph 6 the following new paragraph 7 ‘‘ 7 The Commander of the United States Space Command ’’ and 2 in subsection f by striking ‘‘Strategic Command’’ each place it appears and inserting ‘‘Space Command’’ c JOINT INTERAGENCY COMBINED SPACE OPERATIONS CENTER —Section 605 e of the Intelligence Authorization Act for Fiscal Year 2017 Public Law 115–31 131 Stat 832 10 U S C 2271 note is amended— 1 in the subsection heading by striking ‘‘JOINT INTERAGENCY COMBINED SPACE OPERATIONS CENTER’’ and inserting ‘‘NATIONAL SPACE DEFENSE CENTER’’ 2 by striking ‘‘Strategic Command’’ each place it appears and inserting ‘‘Space Command’’ and AND H R 6395—657 3 by striking ‘‘Joint Interagency Combined Space Operations Center’’ each place it appears and inserting ‘‘National Space Defense Center’’ d NATIONAL SECURITY SPACE SATELLITE REPORTING POLICY — Section 2278 a of title 10 United States Code is amended by striking ‘‘Strategic Command’’ and inserting ‘‘Space Command’’ e SPACE-BASED INFRARED SYSTEM AND ADVANCED EXTREMELY HIGH FREQUENCY PROGRAM —Section 1612 a 1 of the National Defense Authorization Act for 2017 Public Law 114–328 130 Stat 2590 is amended by striking ‘‘Strategic Command’’ and inserting ‘‘Space Command’’ SEC 1605 CLARIFICATION OF AUTHORITY FOR PROCUREMENT OF COMMERCIAL SATELLITE COMMUNICATIONS SERVICES Section 957 c of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 10 U S C 9016 note is amended by adding at the end the following new paragraph ‘‘ 4 COMMERCIAL SATELLITE COMMUNICATIONS SERVICES — ‘‘ A AUTHORITY —Beginning on the date specified in subparagraph B the Service Acquisition Executive for Space Systems and Programs shall be responsible for the procurement of commercial satellite communications services for the Department of Defense ‘‘ B DATE SPECIFIED —The date specified in this subparagraph is the date that is 120 days after the date on which the Service Acquisition Executive for Space Systems and Programs submits to the congressional defense committees a plan for delegating the authority under subparagraph A to a subordinate acquisition command within the Space Force ‘‘ C RESPONSIBILITY DURING INTERIM PERIOD —During the period preceding the date specified in subparagraph B the Chief of Space Operations shall be responsible for the procurement of commercial satellite communications services for the Department of Defense ’’ SEC 1606 NATIONAL SECURITY SPACE LAUNCH PROGRAM a LAUNCH SERVICES AGREEMENT — 1 LIMITATION ON AMOUNTS —Except as provided by paragraph 2 in carrying out the phase two acquisition strategy the Secretary of the Air Force may not obligate or expend a total amount for a launch services agreement that is greater than the amount specifically appropriated for the launch services agreement 2 USE OF REPROGRAMMING AND TRANSFER AUTHORITY — The Secretary may exceed the limitation under paragraph 1 if the Secretary carries out a reprogramming or transfer for such purpose in accordance with established procedures for reprogrammings or transfers including with respect to presenting a request for a reprogramming of funds b REUSABILITY — 1 VALIDATION —Not later than 18 months after the date on which the Secretary determines the down-selected National Security Space Launch providers the Secretary shall— A complete all non-recurring design validation of previously flown launch hardware for National Security Space Launch providers offering such hardware for use in phase two contracts and H R 6395—658 B notify the appropriate congressional committees that such design validation has been completed 2 REPORT —Not later than 210 days after the date on which the Secretary determines the down-selected National Security Space Launch providers the Secretary shall submit to the appropriate congressional committees a report on the progress of the Secretary with respect to completing all nonrecurring design validation of previously flown launch hardware described in paragraph 1 including— A a justification for any deviation from the new entrant certification guide and B a description of such progress with respect to National Security Space Launch providers that are not down-selected National Security Space Launch providers if applicable c FUNDING AND STRATEGY FOR TECHNOLOGY DEVELOPMENT FOR CERTIFICATION INFRASTRUCTURE AND INNOVATION — 1 AUTHORITY —Pursuant to section 2371b of title 10 United States Code not later than September 30 2021 the Secretary of the Air Force shall enter into agreements described in paragraph 3 with potential phase three National Security Space Launch providers— A to maintain competition in order to maximize the likelihood of at least three National Security Space Launch providers competing for phase three contracts and B to support innovation for national security launches including innovative technologies and systems to further advance launch capability associated with the insertion of national security payloads into relevant classes of orbits 2 COMPETITIVE PROCEDURES —The Secretary shall carry out paragraph 1 by conducting a full and open competition among all National Security Space Launch providers that plan to submit bids for a phase three contract 3 AGREEMENTS —An agreement described in this paragraph is an agreement that could provide value or technical advances to phase three of the National Security Space Launch program and that includes not more than $90 000 000 in fiscal year 2021 subject to the availability of appropriations for such purpose for the provider to conduct either or both of the following activities A Develop enabling technologies to meet the certification and infrastructure requirements that are— i unique to national security space missions and ii support the likely requirements of a phase three contract B Develop transformational technologies in support of the national security space launch capability for phase three contracts such as technologies regarding launch maneuver and transport capabilities for enhanced resiliency and security technologies technologies to support progress toward phase three national security space launches or technologies to inform the National Security Launch Architecture study of the Space Force 4 TECHNOLOGY DEVELOPMENT INVESTMENT STRATEGY — Not later than March 15 2021 the Secretary shall submit H R 6395—659 to the appropriate congressional committees a strategy to support investments in technologies for phase three pursuant to paragraph 1 that includes— A the funding requirements for such strategy during fiscal years 2022 through 2026 B a schedule for investments toward phase three C associated milestones and D a planned schedule for awarding phase three contracts 5 REPORT —Not later than 30 days after the date on which the Secretary enters into an agreement under paragraph 1 the Secretary shall submit to the appropriate congressional committees a report explaining which enabling technologies are funded under such agreement d BRIEFING —Not later than March 15 2021 and quarterly thereafter through September 30 2023 the Secretary shall provide to the congressional defense committees a briefing on the progress made by the Secretary in ensuring that full and open competition exists for phase three contracts including— 1 a description of progress made to establish the requirements for phase three contracts including such requirements that the Secretary determines cannot be met by the commercial market 2 whether the Secretary determines that additional development funding will be necessary for such phase 3 a description of the estimated costs for the development described in subparagraphs A and B of subsection c 3 and 4 how the Secretary will— A ensure full and open competition for technology development for phase three contracts and B maintain competition e RULE OF CONSTRUCTION —Nothing in this section may be construed to delay the award of phase two contracts f DEFINITIONS —In this section 1 The term ‘‘appropriate congressional committees’’ means— A the congressional defense committees and B the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate 2 The term ‘‘down-selected National Security Space Launch provider’’ means a National Security Space Launch provider that the Secretary of the Air Force selected to be awarded phase two contracts 3 The term ‘‘phase three contract’’ means a contract awarded using competitive procedures for launch services under the National Security Space Launch program after fiscal year 2024 4 The term ‘‘phase two acquisition strategy’’ means the process by which the Secretary of the Air Force enters into phase two contracts during fiscal year 2020 orders launch missions during fiscal years 2020 through 2024 and carries out such launches under the National Security Space Launch program 5 The term ‘‘phase two contract’’ means a contract awarded during fiscal year 2020 using competitive procedures H R 6395—660 for launch missions ordered under the National Security Space Launch program during fiscal years 2020 through 2024 SEC 1607 COMMERCIAL SPACE DOMAIN AWARENESS CAPABILITIES a PROCUREMENT —Not later than 90 days after the date of the enactment of this Act the Secretary of the Air Force shall procure commercial space domain awareness services by awarding at least two contracts for such services b LIMITATION —Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Office of the Secretary of the Air Force not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense without delegation certifies to the congressional committees that the Secretary of the Air Force has awarded the contracts under subsection a c REPORT —Not later than January 31 2021 the Chief of Space Operations in coordination with the Secretary of the Air Force shall submit to the congressional defense committees a report detailing the commercial space domain awareness services data and analytics of objects in low-Earth orbit that have been purchased during the two-year period preceding the date of the report The report shall be submitted in unclassified form d COMMERCIAL SPACE DOMAIN AWARENESS SERVICES DEFINED —In this section the term ‘‘commercial space domain awareness services’’ means space domain awareness data processing software and analytics derived from best-in-breed commercial capabilities to address warfighter requirements in low-Earth orbit and fill gaps in current space domain capabilities of the Space Force including commercial capabilities to— 1 provide conjunction and maneuver alerts 2 monitor breakup and launch events and 3 detect and track objects smaller than 10 centimeters in size SEC 1608 POLICY TO ENSURE LAUNCH OF SMALL-CLASS PAYLOADS a IN GENERAL —The Secretary of Defense shall establish a small launch and satellite policy to ensure responsive and reliable access to space through the processing and launch of Department of Defense small-class payloads b POLICY —The policy under subsection a shall include at a minimum providing resources and policy guidance to sustain— 1 the availability of small-class payload launch service providers using launch vehicles capable of delivering into space small payloads designated by the Secretary of Defense as a national security payload 2 a robust small-class payload space launch infrastructure and industrial base including small launch systems and small satellite rideshare opportunities 3 the availability of rapid responsive and reliable space launches for national security space programs to— A improve the responsiveness and flexibility of a national security space system B lower the costs of launching a national security space system and C maintain risks to mission success at acceptable levels 4 a minimum number of dedicated launches each year and H R 6395—661 5 full and open competition including small launch providers and rideshare opportunities SEC 1609 TACTICALLY RESPONSIVE SPACE LAUNCH OPERATIONS The Secretary of the Air Force shall implement a tactically responsive space launch program— 1 to provide long-term continuity for tactically responsive space launch operations across the future-years defense program submitted to Congress under section 221 of title 10 United States Code 2 to accelerate the development of— A responsive launch concepts of operations B tactics C training and D procedures 3 to develop appropriate processes for tactically responsive space launch including— A mission assurance processes and B command and control tracking telemetry and communications and 4 to identify basing capabilities necessary to enable tactically responsive space launch including mobile launch range infrastructure SEC 1610 LIMITATION ON AVAILABILITY OF FUNDS FOR PROTOTYPE PROGRAM FOR MULTI-GLOBAL NAVIGATION SATELLITE SYSTEM RECEIVER DEVELOPMENT Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Office of the Secretary of the Air Force not more than 80 percent may be obligated or expended until the date on which the Secretary of Defense— 1 certifies to the congressional defense committees that the Secretary of the Air Force is carrying out the program required under section 1607 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1724 and 2 provides to the Committees on Armed Services of the House of Representatives and the Senate a briefing on how the Secretary is implementing such program including with respect to addressing each element specified in subsection b of such section SEC 1611 RESILIENT AND SURVIVABLE POSITIONING NAVIGATION AND TIMING CAPABILITIES a IN GENERAL —Not later than two years after the date of the enactment of this Act consistent with the timescale applicable to joint urgent operational needs statements the Secretary of Defense shall— 1 prioritize and rank order the mission elements platforms and weapons systems most critical for the operational plans of the combatant commands 2 mature test and produce for such prioritized mission elements sufficient equipment— A to generate resilient and survivable alternative positioning navigation and timing signals and B to process resilient survivable data provided by signals of opportunity and on-board sensor systems and H R 6395—662 3 integrate and deploy such equipment into the prioritized operational systems platforms and weapons systems b PLAN — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary shall submit to the congressional defense committees a plan to commence carrying out subsection a in fiscal year 2021 2 REPROGRAMMING AND BUDGET PROPOSALS —The plan submitted under paragraph 1 may include any reprogramming or supplemental budget request the Secretary considers necessary to carry out subsection a c COORDINATION —In carrying out this section the Secretary shall consult with the National Security Council the Secretary of Homeland Security the Secretary of Transportation and the head of any other relevant Federal department or agency to enable civilian and commercial adoption of technologies and capabilities for resilient and survivable alternative positioning navigation and timing capabilities to complement the global positioning system SEC 1612 LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING a IN GENERAL —In acquiring geospatial intelligence the Secretary of Defense and the Director of National Intelligence in coordination with the Director of the National Reconnaissance Office and the Director of the National Geospatial-Intelligence Agency shall leverage to the extent practicable the capabilities of the industry of the United States including through the use of domestic commercial geospatial-intelligence services and acquisition of domestic commercial satellite imagery b OBTAINING FUTURE GEOSPATIAL-INTELLIGENCE DATA —The Director of the National Reconnaissance Office as part of an analysis of alternatives for the future acquisition of space systems and the Director of the National Geospatial-Intelligence Agency as part of an analysis of alternatives for the future acquisition of analysis tools for geospatial intelligence shall each— 1 consider whether there is a cost-effective domestic commercial capability or service available that can meet any or all of the geospatial-intelligence requirements of the Department of Defense the intelligence community or both 2 if a cost-effective domestic commercial capability or service is available as described in paragraph 1 — A give preference to using such domestic commercial capability or service to meet requirements and B determine— i whether it is in the national interest to develop a governmental space system or service for geospatial intelligence ii whether such a governmental space system or service would be duplicative to such a domestic commercial capability or service and iii the costs for developing such a governmental space system or service and 3 include as part of the established acquisition reporting requirements to the appropriate congressional committees any determination made under paragraphs 1 and 2 c DEFINITIONS —In this section 1 The term ‘‘acquisition of commercial satellite imagery’’ means the acquisition of satellite imagery derived from electro- H R 6395—663 optical infrared synthetic aperture radar hyperspectral and radio frequency data 2 The term ‘‘appropriate congressional committees’’ means— A the congressional defense committees B the Select Committee on Intelligence of the Senate and C the Permanent Select Committee on Intelligence of the House of Representatives 3 The term ‘‘commercial geospatial-intelligence services’’ means services including analytic tools products or data that can describe assess and visually depict natural or manmade features objects or activities that can be geographically referenced on the Earth regardless of collection phenomenology 4 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 1613 STRATEGY TO STRENGTHEN CIVIL AND NATIONAL SECURITY CAPABILITIES AND OPERATIONS IN SPACE a STRATEGY REQUIRED —Not later than 270 days after the date of the enactment of this Act the President in consultation with the National Space Council shall develop a strategy to ensure that the United States as appropriate strengthens civil and national security capabilities and operations in space Such strategy shall include— 1 a 10-year roadmap for the civil space and programs that is able to leverage commercial gains in space capabilities 2 increasing partnerships with allies of the United States 3 ensuring a robust and secure supply chain and manufacturing processes for space capabilities while sustaining a skilled workforce and leadership capabilities in support of such activities 4 ensuring freedom of navigation of space from potential adversaries and 5 enhancing resilience of civil and national security space operations b SUBMISSION OF STRATEGY AND PLAN —Not later than one year after the date of the enactment of this Act the Chair of the National Space Council in consultation with relevant departments and agencies of the Federal Government shall submit to the appropriate congressional committees a report setting forth— 1 the strategy under subsection a and 2 a plan to implement such strategy c APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committees’’ means— 1 the Committee on Armed Services of the House of Representatives 2 the Committee on Science Space and Technology of the House of Representatives 3 the Committee on Foreign Affairs of the House of Representatives 4 the Committee on Energy and Commerce of the House of Representatives 5 the Permanent Select Committee on Intelligence of the House of Representatives H R 6395—664 6 the Committee on Armed Services of the Senate 7 the Committee on Foreign Relations of the Senate 8 the Committee on Commerce Science and Transportation of the Senate and 9 the Select Committee on Intelligence of the Senate SEC 1614 REPORT AND STRATEGY ON SPACE COMPETITION WITH CHINA a REPORT — 1 IN GENERAL —Not later than 18 months after the date of the enactment of this Act the National Space Council shall submit to the appropriate congressional committees an interagency assessment of the ability of the United States to compete with the space programs of China 2 ELEMENTS —The report under paragraph 1 shall include the following A A comparative assessment between the United States and China on— i human exploration and spaceflight capabilities ii the viability and potential environmental impacts of extraction of space-based precious minerals onsite exploitation of space-based natural resources and the use of space-based solar power iii the strategic interest in and capabilities for cislunar space and iv current and future space launch capabilities B The extent of foreign investment in the commercial space sector of the United States including venture capital and other private equity investments that seek to work with the Federal Government and a description of due diligence reviews of such investments conducted by the Federal Government to mitigate threats by China C An assessment of the ability role costs and authorities of the Department of Defense to mitigate the threats of commercial communications and navigation in space from the growing counterspace capabilities of China D An assessment of how the activities of China are impacting the national security of the United States with respect to space including— i theft of United States intellectual property and ii efforts by China to seize control of critical elements of the United States space industry supply chain and United States space industry companies E An assessment of efforts by China to pursue cooperative agreements with other nations to advance space development F Recommendations to Congress including recommendations with respect to any legislative proposals to address threats by China to the United States national space programs and the domestic commercial launch and satellite industries 3 FORM —The report required under paragraph 1 shall be submitted in unclassified form but may include a classified annex b STRATEGY — 1 IN GENERAL —Not later than one year after the date on which the National Space Council submits the report under H R 6395—665 subsection a the President in consultation with the National Space Council shall develop and submit to the appropriate congressional committees a strategy to ensure the United States can— A compete with other national space programs B maintain leadership in the emerging commercial space economy C identify market regulatory and other means to address unfair competition from China based on the findings of the report under subsection a D leverage commercial space capabilities to ensure the national security of the United States and the security of the interests of the United States in space E protect the supply chains and manufacturing of the United States critical to competitiveness in space and F coordinate with international allies and partners in space 2 FORM —The strategy required under paragraph 1 shall be submitted in unclassified form but may include a classified annex c APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committees’’ means— 1 the Committee on Armed Services the Committee on Foreign Relations and the Committee on Commerce Science and Transportation of the Senate and 2 the Committee on Armed Services the Committee on Foreign Affairs and the Committee on Science Space and Technology of the House of Representatives Subtitle B—Defense Intelligence and Intelligence-Related Activities SEC 1621 SAFETY OF NAVIGATION MISSION OF THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY a MISSION OF NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY — Section 442 of title 10 United States Code is amended— 1 in subsection b — A by striking ‘‘means of navigating vessels of the Navy and the merchant marine’’ and inserting ‘‘the means for safe navigation’’ and B by striking ‘‘and inexpensive nautical charts’’ and all that follows and inserting ‘‘geospatial information for use by the departments and agencies of the United States the merchant marine and navigators generally ’’ 2 in subsection c — A by striking ‘‘shall prepare and’’ and inserting ‘‘shall acquire prepare and’’ B by striking ‘‘charts’’ and inserting ‘‘safe-for-navigation charts and datasets’’ and C by striking ‘‘geodetic’’ and inserting ‘‘geomatics’’ and 3 by adding at the end the following new subsection ‘‘ f VALIDATION —The National Geospatial-Intelligence Agency shall assist the Joint Chiefs of Staff combatant commands and H R 6395—666 the military departments in establishing coordinating consolidating and validating mapping charting geomatics data and safety of navigation capability requirements through a formal process governed by the Joint Staff Consistent with validated requirements the National Geospatial-Intelligence Agency shall provide aeronautical and nautical charts that are safe for navigation maps books datasets models and geomatics products ’’ b MAPS CHARTS AND BOOKS — 1 IN GENERAL —Section 451 of title 10 United States Code is amended— A in the heading by striking ‘‘and books’’ and inserting ‘‘books and datasets’’ B in paragraph 1 by striking ‘‘maps charts and nautical books’’ and inserting ‘‘nautical and aeronautical charts topographic and geomatics maps books models and datasets’’ and C by amending paragraph 2 to read as follows ‘‘ 2 acquire by purchase lease license or barter all necessary rights including copyrights and other intellectual property rights required to prepare publish and furnish to navigators the products described in paragraph 1 ’’ 2 CLERICAL AMENDMENT —The table of sections at the beginning of subchapter II of chapter 22 of title 10 United States Code is amended by striking the item relating to section 451 and inserting the following new item ‘‘451 Maps charts books and datasets ’’ c EXCHANGE — 1 IN GENERAL —Section 454 of title 10 United States Code is amended— A in the heading by striking ‘‘geodetic’’ and inserting ‘‘geomatics’’ and B by striking ‘‘geodetic’’ and inserting ‘‘geomatics’’ each place it appears 2 CLERICAL AMENDMENT —The table of sections at the beginning of subchapter II of chapter 22 of title 10 United States Code is amended by striking the item relating to section 454 and inserting the following new item ‘‘454 Exchange of mapping charting and geomatics data with foreign countries international organizations nongovernmental organizations and academic institutions ’’ d PUBLIC AVAILABILITY — 1 IN GENERAL —Section 455 of title 10 United States Code is amended— A in the heading by striking ‘‘geodetic’’ and inserting ‘‘geomatics’’ and B by striking ‘‘geodetic’’ and inserting ‘‘geomatics’’ each place it appears 2 CLERICAL AMENDMENT —The table of sections at the beginning of subchapter II of chapter 22 of title 10 United States Code is amended by striking the item relating to section 455 and inserting the following new item ‘‘455 Maps charts and geomatics data public availability exceptions ’’ e CIVIL ACTIONS BARRED —Section 456 of title 10 United States Code is amended by striking subsections a and b and inserting the following H R 6395—667 ‘‘No civil action may be brought against the United States on the basis of the content of geospatial information prepared or disseminated by the National Geospatial-Intelligence Agency ’’ f DEFINITIONS —Section 467 of title 10 United States Code is amended— 1 in paragraph 4 — A in the matter preceding subparagraph A by inserting ‘‘or about’’ after ‘‘boundaries on’’ B in subparagraph A by striking ‘‘statistical’’ and C in subparagraph B — i by striking ‘‘geodetic’’ and inserting ‘‘geomatics’’ and ii by inserting ‘‘and services’’ after ‘‘products’’ and 2 in paragraph 5 by inserting ‘‘or about’’ after ‘‘activities on’’ g CONFORMING AMENDMENTS — 1 IN GENERAL —The heading of subchapter II of chapter 22 of title 10 United States Code is amended by striking ‘‘GEODETIC’’ and inserting ‘‘GEOMATICS’’ 2 CLERICAL AMENDMENT —The table of subchapters at the beginning of chapter 22 of title 10 United States Code is amended in the matter relating to subchapter II by striking ‘‘Geodetic’’ and inserting ‘‘Geomatics’’ SEC 1622 NATIONAL ACADEMIES CLIMATE SECURITY ROUNDTABLE a IN GENERAL —The Director of National Intelligence in coordination with the Under Secretary of Defense for Intelligence and Security shall enter into a joint agreement with the Academies to create a new ‘‘National Academies Climate Security Roundtable’’ in this section referred to as the ‘‘roundtable’’ b PARTICIPANTS —The roundtable shall include— 1 the members of the Climate Security Advisory Council established under section 120 of the National Security Act of 1947 50 U S C 3060 2 senior representatives and practitioners from Federal science agencies elements of the intelligence community and the Department of Defense who are not members of the Council and 3 key stakeholders in the United States scientific enterprise including institutions of higher education Federal research laboratories including the national security laboratories industry and nonprofit research organizations c PURPOSE —The purpose of the roundtable is— 1 to support the duties and responsibilities of the Climate Security Advisory Council under section 120 c of the National Security Act of 1947 50 U S C 3060 c 2 to develop best practices for the exchange of data knowledge and expertise among elements of the intelligence community elements of the Federal Government that are not elements of the intelligence community and non-Federal researchers 3 to facilitate dialogue and collaboration about relevant collection and analytic priorities among participants of the roundtable with respect to climate security 4 to identify relevant gaps in the exchange of data knowledge or expertise among participants of the roundtable with H R 6395—668 respect to climate security and consider viable solutions to address such gaps and 5 to provide any other assistance resources or capabilities that the Director of National Intelligence or the Under Secretary determines necessary with respect to the Council carrying out the duties and responsibilities of the Council under such section 120 c d MEETINGS —The roundtable shall meet at least quarterly in coordination with the meetings of the Climate Security Advisory Council under section 120 c 1 of the National Security Act of 1947 50 U S C 3060 c 1 e REPORTS AND BRIEFINGS —The joint agreement under subsection a shall specify that— 1 the roundtable shall organize workshops on at least a biannual basis that include both participants of the roundtable and persons who are not participants and may be conducted in classified or unclassified form in accordance with subsection f 2 on a regular basis the roundtable shall produce classified and unclassified reports on the topics described in subsection c and the activities of the roundtable and other documents in support of the duties and responsibilities of the Climate Security Advisory Council under section 120 c of the National Security Act of 1947 50 U S C 3060 c 3 the Academies shall provide recommendations by consensus to the Council on both the topics described in subsection c and specific topics as identified by participants of the roundtable 4 not later than March 1 2021 and annually thereafter during the life of the roundtable the Academies shall provide a briefing to the appropriate congressional committees on the progress and activities of the roundtable and 5 not later than September 30 2025 the Academies shall submit a final report to the appropriate congressional committees on the activities of the roundtable f SECURITY CLEARANCES —Each participant of the roundtable shall have a security clearance at the appropriate level to carry out the duties of the participant under this section A person who is not a participant who attends a workshop under subsection e 1 is not required to have a security clearance and the roundtable shall ensure that any such workshop is held at the appropriate classified or unclassified level g TERMINATION —The roundtable shall terminate on September 30 2025 h DEFINITIONS —In this section 1 The term ‘‘Academies’’ means the National Academies of Sciences Engineering and Medicine 2 The term ‘‘appropriate congressional committees’’ means— A the Committee on Science Space and Technology the Committee on Armed Services the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives and B the Committee on Commerce Science and Transportation the Committee on Armed Services the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate H R 6395—669 3 The term ‘‘Federal science agency’’ means any agency or department of the Federal Government with at least $100 000 000 in basic and applied research obligations in fiscal year 2019 4 The term ‘‘intelligence community’’ has the meaning given that term in section 3 of the National Security Act of 1947 50 U S C 3003 5 The term ‘‘national security laboratory’’ has the meaning given the term in section 4002 of the Atomic Energy Defense Act 50 U S C 2501 SEC 1623 EFFICIENT USE OF SENSITIVE COMPARTMENTED INFORMATION FACILITIES Not later than 180 days after the date of the enactment of this Act the Director of National Intelligence in consultation with the Secretary of Defense shall issue revised guidance authorizing and directing departments and agencies of the Federal Government and appropriately cleared contractors of such departments and agencies to process store use and discuss sensitive compartmented information at facilities previously approved to handle such information without need for further approval by the department or agency or by the site Such guidance shall apply to controlled access programs of the intelligence community and to special access programs of the Department of Defense Subtitle C—Nuclear Forces SEC 1631 SEMIANNUAL UPDATES ON MEETINGS HELD BY NUCLEAR WEAPONS COUNCIL LIMITATION ON AVAILABILITY OF FUNDS RELATING TO SUCH UPDATES a SEMIANNUAL UPDATES —Section 179 g of title 10 United States Code is amended to read as follows ‘‘ g SEMIANNUAL UPDATES ON COUNCIL MEETINGS — 1 Not later than February 1 and August 1 of each year the Council shall provide to the congressional defense committees a semiannual update including with respect to the six-month period preceding the update— ‘‘ A the dates on which the Council met and ‘‘ B except as provided by paragraph 2 a summary of any decisions made by the Council pursuant to subsection d at each such meeting and the rationale for and options that informed such decisions ‘‘ 2 The Council shall not be required to include in a semiannual update under paragraph 1 the matters described in subparagraph B of that paragraph with respect to decisions of the Council relating to the budget of the President for a fiscal year if the budget for that fiscal year has not been submitted to Congress under section 1105 of title 31 as of the date of the semiannual update ‘‘ 3 The Council may provide a semiannual update under paragraph 1 either in the form of a briefing or a written report ’’ b LIMITATION ON USE OF FUNDS FOR FAILURE TO PROVIDE SEMIANNUAL UPDATES IN 2021 — 1 FIRST SEMIANNUAL UPDATE —If by February 1 2021 the Council has not provided the semiannual update under subsection g of section 179 of title 10 United States Code H R 6395—670 as amended by subsection a required by that date not more than 50 percent of the funds authorized to be appropriated for fiscal year 2021 for the Office of the Under Secretary of Defense for Acquisition and Sustainment for the purposes of operating the Office of the Assistant Secretary of Defense for Nuclear Chemical and Biological Defense Programs may be obligated or expended until the date on which such semiannual update has been provided 2 SECOND SEMIANNUAL UPDATE —If by August 1 2021 the Council has not provided the semiannual update described in paragraph 1 required by that date not more than 90 percent of the funds authorized to be appropriated for fiscal year 2021 for the Office of the Under Secretary of Defense for Acquisition and Sustainment for the purposes of operating the Office of the Assistant Secretary of Defense for Nuclear Chemical and Biological Defense Programs may be obligated or expended until the date on which such semiannual update has been provided SEC 1632 ROLE OF NUCLEAR WEAPONS COUNCIL WITH RESPECT TO PERFORMANCE REQUIREMENTS AND BUDGET FOR NUCLEAR WEAPONS PROGRAMS a MODIFICATION TO RESPONSIBILITIES OF NUCLEAR WEAPONS COUNCIL —Section 179 d of title 10 United States Code is amended— 1 by redesignating paragraphs 9 through 11 as paragraphs 10 through 12 respectively and 2 by inserting after paragraph 8 the following new paragraph 9 ‘‘ 9 Reviewing proposed capabilities and establishing and validating performance requirements as defined in section 181 h of this title for nuclear warhead programs ’’ b REVIEW OF ADEQUACY OF NUCLEAR WEAPONS BUDGET — 1 IN GENERAL —Subtitle A of title XVII of the Atomic Energy Defense Act 50 U S C 2741 et seq is amended by adding at the end the following new section ‘‘SEC 4717 REVIEW OF ADEQUACY OF NUCLEAR WEAPONS BUDGET ‘‘ a REVIEW OF ADEQUACY OF ADMINISTRATION BUDGET BY NUCLEAR WEAPONS COUNCIL — ‘‘ 1 TRANSMISSION TO COUNCIL —The Secretary of Energy shall transmit to the Nuclear Weapons Council in this section referred to as the ‘Council’ a copy of the proposed budget request of the Administration for each fiscal year before that budget request is submitted to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President to be submitted to Congress under section 1105 a of title 31 United States Code ‘‘ 2 REVIEW AND DETERMINATION OF ADEQUACY — ‘‘ A REVIEW —The Council shall review each budget request transmitted to the Council under paragraph 1 ‘‘ B DETERMINATION OF ADEQUACY — ‘‘ i INADEQUATE REQUESTS —If the Council determines that a budget request for a fiscal year transmitted to the Council under paragraph 1 is inadequate in whole or in part to implement the objectives of the Department of Defense with respect to nuclear weapons for that fiscal year the Council shall submit H R 6395—671 to the Secretary of Energy a written description of funding levels and specific initiatives that would in the determination of the Council make the budget request adequate to implement those objectives ‘‘ ii ADEQUATE REQUESTS —If the Council determines that a budget request for a fiscal year transmitted to the Council under paragraph 1 is adequate to implement the objectives described in clause i for that fiscal year the Council shall submit to the Secretary of Energy a written statement confirming the adequacy of the request ‘‘ iii RECORDS —The Council shall maintain a record of each description submitted under clause i and each statement submitted under clause ii ‘‘ 3 DEPARTMENT OF ENERGY RESPONSE — ‘‘ A IN GENERAL —If the Council submits to the Secretary of Energy a written description under paragraph 2 B i with respect to the budget request of the Administration for a fiscal year the Secretary shall include as an appendix to the budget request submitted to the Director of the Office of Management and Budget— ‘‘ i the funding levels and initiatives identified in the description under paragraph 2 B i and ‘‘ ii any additional comments the Secretary considers appropriate ‘‘ B TRANSMISSION TO CONGRESS —The Secretary of Energy shall transmit to Congress with the budget justification materials submitted in support of the Department of Energy budget for a fiscal year as submitted with the budget of the President under section 1105 a of title 31 United States Code a copy of the appendix described in subparagraph A ‘‘ b REVIEW AND CERTIFICATION OF DEPARTMENT OF ENERGY BUDGET BY NUCLEAR WEAPONS COUNCIL — ‘‘ 1 IN GENERAL —At the time the Secretary of Energy submits the budget request of the Department of Energy for that fiscal year to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President the Secretary shall transmit a copy of the budget request of the Department to the Council ‘‘ 2 CERTIFICATION —The Council shall— ‘‘ A review the budget request transmitted to the Council under paragraph 1 ‘‘ B based on the review under subparagraph A make a determination with respect to whether the budget request includes the funding levels and initiatives described in subsection a 2 B i and ‘‘ C submit to Congress— ‘‘ i I a certification that the budget request is adequate to implement the objectives described in subsection a 2 B i or ‘‘ II a statement that the budget request is not adequate to implement those objectives and ‘‘ ii a copy of the written description submitted by the Council to the Secretary under subsection a 2 B i if any ’’ H R 6395—672 2 CLERICAL AMENDMENT —The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4716 the following new item ‘‘Sec 4717 Review of adequacy of nuclear weapons budget ’’ SEC 1633 MODIFICATION OF GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF ANNUAL REPORTS ON NUCLEAR WEAPONS ENTERPRISE Section 492a c of title 10 United States Code is amended— 1 in paragraph 1 by striking ‘‘review each report’’ and inserting ‘‘periodically review reports submitted’’ and 2 in paragraph 2 by striking ‘‘not later’’ and all that follows through ‘‘submitted ’’ SEC 1634 INDEPENDENT STUDY ON NUCLEAR WEAPONS PROGRAMS OF CERTAIN FOREIGN COUNTRIES a STUDY —Not later than March 1 2021 the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on the nuclear weapons programs of covered foreign countries b MATTERS INCLUDED —The study under subsection a shall compile open-source data to conduct an analysis of the following for each covered foreign country 1 The activities budgets and policy documents regarding the nuclear weapons program 2 The known research and development activities with respect to nuclear weapons 3 The inventories of nuclear weapons and delivery vehicles with respect to both deployed and nondeployed weapons 4 The capabilities of such nuclear weapons and delivery vehicles 5 The physical sites used for nuclear processing testing and weapons integration 6 The human capital of the scientific and technical workforce involved in nuclear programs including with respect to matters relating to the education knowledge and technical capabilities of that workforce 7 The known deployment areas for nuclear weapons 8 Information with respect to the nuclear command and control system 9 The factors and motivations driving the nuclear weapons program and the nuclear command and control system 10 Any other information that the federally funded research and development center determines appropriate c SUBMISSION TO DOD —The federally funded research and development center shall submit to the Secretary— 1 not later than March 1 2022 the study under subsection a and 2 not later than March 1 2023 and March 1 2024 any updates to the study d SUBMISSION TO CONGRESS —Not later than 30 days after the date on which the Secretary receives under subsection c the study under subsection a or an update to the study the Secretary shall submit to the appropriate congressional committees the study or update without change H R 6395—673 e PUBLIC RELEASE —The federally funded research and development center shall maintain an internet website on which the center— 1 publishes the study under subsection a by not later than 30 days after the date on which the Secretary receives the study under subsection c and 2 provides on an ongoing basis commentaries analyses updates and other information regarding the nuclear weapons programs of covered foreign countries f FORM —The study under subsection a shall be submitted in unclassified form g MODIFICATION TO REPORT ON NUCLEAR FORCES OF THE UNITED STATES AND NEAR-PEER COUNTRIES —Section 1676 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1778 is amended— 1 in subsection a by striking ‘‘Not later than February 15 2020 the Secretary of Defense in coordination with the Director of National Intelligence shall’’ and inserting ‘‘Not later than February 15 2020 and each year thereafter through 2023 the Secretary of Defense and the Director of National Intelligence shall jointly’’ and 2 in subsection b by adding at the end the following new paragraph ‘‘ 4 With respect to the current and planned nuclear systems specified in paragraphs 1 through 3 the factors and motivations driving the development and deployment of the systems ’’ h DEFINITIONS —In this section 1 APPROPRIATE CONGRESSIONAL COMMITTEES —The term ‘‘appropriate congressional committees’’ means— A the congressional defense committees B the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives and C the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate 2 COVERED FOREIGN COUNTRY —The term ‘‘covered foreign country’’ means each of the following A North Korea B The People’s Republic of China C The Russian Federation D To the extent applicable Iran 3 OPEN-SOURCE DATA —The term ‘‘open-source data’’ includes data derived from found in or related to any of the following A Geospatial information B Seismic sensors C Commercial data D Public government information E Academic journals and conference proceedings F Media reports G Social media SEC 1635 PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC MISSILES OF THE UNITED STATES a PROHIBITION —Except as provided in subsection b none of the funds authorized to be appropriated by this Act for fiscal H R 6395—674 year 2021 for the Department of Defense may be obligated or expended for the following and the Department may not otherwise take any action to do the following 1 Reduce or prepare to reduce the responsiveness or alert level of the intercontinental ballistic missiles of the United States 2 Reduce or prepare to reduce the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400 b EXCEPTION —The prohibition in subsection a shall not apply to any of the following activities 1 The maintenance or sustainment of intercontinental ballistic missiles 2 Ensuring the safety security or reliability of intercontinental ballistic missiles Subtitle D—Missile Defense Programs SEC 1641 ALIGNMENT OF THE MISSILE DEFENSE AGENCY WITHIN THE DEPARTMENT OF DEFENSE a REPEAL OF REQUIREMENT FOR REPORTING STRUCTURE OF MISSILE DEFENSE AGENCY —Section 205 of title 10 United States Code is amended to read as follows ‘‘§ 205 Missile Defense Agency ‘‘The Director of the Missile Defense Agency shall be appointed for a six-year term ’’ b REPORT ON ALIGNMENT —Not later than February 28 2021 the Secretary of Defense shall submit to the congressional defense committees a report on the alignment of the Missile Defense Agency within the Department of Defense The report shall include— 1 a description of the risks and benefits of both— A continuing the alignment of the Agency under the authority direction and control of the Under Secretary of Defense for Research and Engineering and B realigning the Agency to be under the authority direction and control of the Under Secretary of Defense for Acquisition and Sustainment and 2 if the Agency were to be realigned the actions that would need to be taken to realign the Agency to be under the authority direction and control of the Under Secretary of Defense for Acquisition and Sustainment or another element of the Department of Defense c NOTICE AND WAIT REQUIREMENT TO MODIFY CERTAIN DODI —The Secretary of Defense may not modify Department of Defense Directive 5134 09 as in effect on the date of the enactment of this Act unless— 1 the Secretary submits to the congressional defense committees a final draft of the proposed modified directive both in an electronic format and in a hard copy format 2 the Secretary provides to such committees a briefing to describe the modifications made in the proposed modified directive and 3 a period of 60 days has elapsed following the date on which the Secretary has carried out both paragraphs 1 and 2 H R 6395—675 d COMPTROLLER GENERAL REPORT —Not later than 180 days after the date of the enactment of this Act the Comptroller General of the United States shall submit to the congressional defense committees a report containing an assessment of whether the Secretary of Defense is in compliance with section 1688 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116– 92 133 Stat 1787 Such assessment shall include an evaluation of— 1 whether the Secretary has complied with the timelines required by subsection b of such section and whether the Secretary has carried out the consultation described in paragraph 1 A of such subsection and 2 how the changes proposed by the Secretary to the non-standard acquisition processes and responsibilities described in paragraph 2 of such subsection will improve or impact the development of weapon systems and timelines for the delivery of capabilities to members of the Armed Forces SEC 1642 EXTENSION OF PROHIBITION RELATING TO MISSILE DEFENSE INFORMATION AND SYSTEMS Section 130h e of title 10 United States Code is amended by striking ‘‘January 1 2021’’ and inserting ‘‘January 1 2026’’ SEC 1643 EXTENSION OF TRANSITION OF BALLISTIC MISSILE DEFENSE PROGRAMS TO MILITARY DEPARTMENTS Section 1676 b 1 of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 10 U S C 2431 note is amended by striking ‘‘2021’’ and inserting ‘‘2023’’ SEC 1644 EXTENSION OF REQUIREMENT FOR COMPTROLLER GENERAL REVIEW AND ASSESSMENT OF MISSILE DEFENSE ACQUISITION PROGRAMS Section 232 a of the National Defense Authorization Act for Fiscal Year 2012 Public Law 112–81 125 Stat 1339 as amended by section 1688 of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114–92 129 Stat 1144 is amended— 1 in paragraph 1 by striking ‘‘through 2020’’ and inserting ‘‘through 2025’’ 2 in paragraph 2 — A by striking ‘‘through 2021’’ and inserting ‘‘through 2026’’ and B by striking ‘‘year Each’’ and all that follows through ‘‘appropriate ’’ and inserting the following ‘‘year which shall include such findings and recommendations as the Comptroller General considers appropriate ’’ and 3 by adding at the end the following new paragraph ‘‘ 3 REVIEW OF EMERGING ISSUES —In carrying out this subsection as the Comptroller General determines is warranted the Comptroller General shall review emerging issues and in consultation with the congressional defense committees brief such committees or submit to such committees a report on the findings of the Comptroller General with respect to such review ’’ SEC 1645 DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE TRACKING SPACE SENSOR PAYLOAD a DEVELOPMENT —The Director of the Missile Defense Agency in coordination with the Director of the Space Development Agency H R 6395—676 and the Chief of Space Operations shall develop and procure a hypersonic and ballistic missile tracking space sensor payload b PRIMARY RESPONSIBILITY — 1 ASSIGNMENT —Not later than 15 days after the date of the enactment of this Act the Secretary of Defense shall without delegation— A assign the Director of the Missile Defense Agency with the principal responsibility for the development and procurement of a hypersonic and ballistic tracking space sensor payload pursuant to subsection a as a component of a proliferated low-Earth orbit satellite constellation through at minimum fiscal year 2022 and B submit to the congressional defense committees a certification of such assignment 2 PLAN FOR INTEGRATION —Not later than May 1 2021 the Secretary shall submit to the congressional defense committees a plan for integrating the hypersonic and ballistic tracking space sensor payload developed by the Missile Defense Agency pursuant to subsection a into the persistent space-based sensor architecture of the Space Development Agency and the Space Force The plan shall include at a minimum options for— A minimizing disruption to the program for such space sensor payload B ensuring sufficient funding for such an integration C maintaining prioritization of unique ballistic and hypersonic defense requirements for such space sensor payload through the transition D ensuring connection of such space sensor payload into the overall missile defense command and control battle management and communications system and E addressing any impacts to the development and deployment of such space sensor payload if responsibility for the proliferated low-Earth orbit satellite constellation specified in paragraph 1 A is transitioned from the Space Development Agency to the Space Force prior to the constellation achieving full operational capability c TIMELINE FOR TESTING INTEGRATION AND DEPLOYMENT — The Director in coordination with the Director of the Space Development Agency and the Chief of Space Operations shall— 1 begin on-orbit testing of the hypersonic and ballistic tracking space sensor payload developed pursuant to subsection a no later than December 31 2023 and 2 begin integration of such sensor payload into the persistent space-based sensor architecture of the Space Development Agency and the Space Force pursuant to the plan developed under subsection b 2 and shall achieve full operational deployment of such sensor payload as soon as technically feasible thereafter d ANNUAL CERTIFICATIONS —On an annual basis until the date on which the hypersonic and ballistic tracking space sensor payload developed under subsection a achieves full operational capability— 1 the Under Secretary of Defense Comptroller and the Director of Cost Assessment and Program Evaluation shall jointly certify to the appropriate congressional committees that the most recent future-years defense program submitted under H R 6395—677 section 221 of title 10 United States Code includes estimated expenditures and proposed appropriations in amounts necessary to ensure the development and deployment of such space sensor payload as a component of the persistent space-based sensor architecture of the Space Development Agency and the Space Force and 2 the Vice Chairman of the Joint Chiefs of Staff acting through the Joint Requirements Oversight Council shall certify to the appropriate congressional committees that both the ballistic and hypersonic tracking requirements of and the timeline to deploy such space sensor payload have been validated e LIMITATION —Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for operation and maintenance Defense-wide for the Office of Secretary of Defense for travel of persons assigned to the Office of the Under Secretary of Defense for Research and Engineering not more than 50 percent may be obligated or expended until— 1 the Secretary of Defense submits the certification under subsection b 1 B 2 the Under Secretary of Defense Comptroller and the Director of Cost Assessment and Program Evaluation jointly submit the first certification under subsection d 1 and 3 the Vice Chairman submits the first certification under subsection d 2 f APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committees’’ means— 1 the congressional defense committees and 2 the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives g CONFORMING REPEAL —Section 1683 of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 10 U S C 2431 note is amended by striking subsection d SEC 1646 GROUND-BASED MIDCOURSE DEFENSE INTERIM CAPABILITY a INTERIM GROUND-BASED INTERCEPTOR — 1 DEVELOPMENT —Subject to the availability of appropriations not later than 30 days after the date of the enactment of this Act the Secretary of Defense acting through the Director of the Missile Defense Agency and in coordination with the Under Secretary of Defense for Acquisition and Sustainment the Under Secretary of Defense for Research and Engineering the Commander of the United States Northern Command and the Commander of the United States Strategic Command shall commence carrying out a program to develop an interim groundbased interceptor capability that will— A use sound acquisition practices B address the majority of current and near- to midterm projected ballistic missile threats to the United States homeland from rogue nations C at minimum meet the proposed capabilities of the Redesigned Kill Vehicle program D leverage existing kill vehicle and booster technology and H R 6395—678 E appropriately balance interceptor performance with schedule of delivery 2 CAPABILITIES AND CRITERIA —The Director shall ensure that the interim ground-based interceptor developed under paragraph 1 meets at a minimum the following capabilities and criteria A Vehicle-to-vehicle communications as applicable B Vehicle-to-ground communications C Kill assessment capability D The ability to counter advanced countermeasures decoys and penetration aids E Producibility and manufacturability F Use of technology involving high technology readiness levels G Options to integrate the new kill vehicle onto other missile defense interceptor vehicles other than the groundbased interceptors of the ground-based midcourse defense system H Sound acquisition processes 3 DEPLOYMENT —The Secretary of Defense acting through the Director of the Missile Defense Agency and in coordination with the Under Secretary of Defense for Acquisition and Sustainment the Under Secretary of Defense for Research and Engineering the Commander of the United States Northern Command and the Commander of the United States Strategic Command shall— A conduct rigorous flight testing of the interim ground-based interceptor and B deliver 20 interim ground-based interceptors by 2026 b WAIVER — 1 AUTHORITY —The Secretary of Defense may waive the requirements under paragraphs 1 and 3 of subsection a if the Secretary— A determines that— i the technology development is not technically feasible ii the interim capability development is not in the national security interest of the United States or iii the interim ground-based interceptor program under subsection a 1 cannot deliver an initial operational capability at least two years prior to the fielding of the next-generation interceptor for the ground-based midcourse defense system and B submits to the congressional defense committees a certification that such a waiver is necessary based on the determination under subparagraph A including— i an explanation of the rationale of such determination ii an estimate of the ballistic missile threats to the United States homeland from rogue nations that will not be defended against until the fielding of the next-generation interceptor for the ground-based midcourse defense system and iii an updated schedule for the development and deployment of such next-generation interceptor H R 6395—679 2 DELEGATION —The Secretary may not delegate the authority to carry out paragraph 1 below the level of an Under Secretary of Defense c REPORT ON FUNDING PROFILE —Unless the Secretary makes a waiver under subsection b the Director shall include with the budget justification materials submitted to Congress in support of the budget of the Department of Defense for fiscal year 2022 as submitted with the budget of the President under section 1105 a of title 31 United States Code a report on the funding profile necessary for the interim ground-based interceptor program to meet the objectives under subsection a SEC 1647 NEXT GENERATION INTERCEPTORS a NOTIFICATION OF CHANGED REQUIREMENTS —During the acquisition and development process of the next generation interceptor program not later than seven days after the date on which any changes are made to the requirements for such program that are established in the equivalent to capability development documentation the Director of the Missile Defense Agency shall notify the congressional defense committees of such changes b BRIEFING ON CONTRACT —Not later than 14 days after the date on which the Director awards a contract for design development or both of the next generation interceptor the Director shall provide the congressional defense committees a briefing on such contract including with respect to the cost schedule performance and requirements of the contract c INDEPENDENT COST ASSESSMENT AND VALIDATION — 1 ASSESSMENT —The Director of Cost Assessment and Program Evaluation shall— A conduct an independent cost assessment of the next generation interceptor program and B make available to the Director of the Missile Defense Agency the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering preliminary findings of the assessment to inform the award of a contract for the design development or both of the next generation interceptor 2 VALIDATION —The Under Secretary of Defense for Acquisition and Sustainment shall validate the preliminary findings of the cost assessment conducted under paragraph 1 that will be used to inform the award of a contract for the design development or both of the next generation interceptor 3 SUBMISSION —Not later than the date on which the Director of the Missile Defense Agency awards a contract for the design development or both of the next generation interceptor the Secretary of Defense shall submit to the congressional defense committees the preliminary findings of the independent cost assessment under paragraph 1 and the validation under paragraph 2 d FLIGHT TESTS —In addition to the requirements of section 2399 of title 10 United States Code the Director of the Missile Defense Agency may not make any decision regarding the initial production or equivalent of the next generation interceptor unless the Director has— H R 6395—680 1 certified to the congressional defense committees that the Director has conducted not fewer than two successful intercept flight tests of the next generation interceptor and 2 provided to such committees a briefing on the details of such tests including with respect to the operational realism of such tests SEC 1648 REPORT ON AND LIMITATION ON AVAILABILITY OF FUNDS FOR LAYERED HOMELAND MISSILE DEFENSE SYSTEM a REPORT — 1 REQUIREMENT —Not later than March 1 2021 the Secretary of Defense shall submit to the congressional defense committees a report on the proposal for a layered homeland missile defense architecture included in the budget justification materials submitted to Congress in support of the budget for the Department of Defense for fiscal year 2021 as submitted with the budget of the President for such fiscal year under section 1105 a of title 31 United States Code 2 ELEMENTS REQUIRED —The report under paragraph 1 shall include the following A A description of the requirements for the proposed layered homeland missile defense architecture that are— i based on an assessment by the intelligence community of threats to be addressed at the time of deployment of such a system and ii validated by the Joint Requirements Oversight Council B An assessment of how such requirements addressed by the proposed layered homeland missile defense architecture relate to those addressed by the existing ground-based midcourse defense system including deployed ground-based interceptors and planned upgrades to such ground-based interceptors C An analysis of weapon system and interceptor solutions to meet such requirements including the Aegis ballistic missile defense system the standard missile–3 block IIA and the terminal high altitude area defense system with the number of locations required for deployment and the production numbers of such weapon systems and interceptors D A description of any improvements needed to the missile defense system command and control battle management and communications system to support the proposed layered homeland missile defense architecture E A description of the sensors required with respect to both sensors organic to the weapon systems and the sensors needed for tracking and discrimination provided through the command and control battle management and communications system for the proposed layered homeland missile defense architecture including how the cancellation or indefinite postponement of the discrimination radar for homeland defense planned to be located in Hawaii will impact the ability of such architecture to defend against current and future missile threats to Hawaii with respect to both the capacity and capability of such architecture H R 6395—681 F An assessment of the impact to the flights IIA and III fielding and posture plans of the Navy for Arleigh Burke class destroyers if at-sea standard missile–3 block IIA missiles are required for the proposed layered homeland missile defense architecture G A site-specific fielding plan that includes possible locations the number and type of interceptors and radars in each location and any associated environmental or permitting considerations including an assessment of the locations evaluated pursuant to section 227 b of the National Defense Authorization Act for Fiscal Year 2013 Public Law 112–239 126 Stat 1679 for inclusion in the proposed layered homeland missile defense architecture H Relevant policy considerations for deployment of such architecture for defense against intercontinental ballistic missiles in the continental United States I A life-cycle cost estimate and detailed development testing production and deployment schedule for options involving a land-based standard missile–3 block IIA interceptor system and the terminal high altitude area defense system including required environmental assessments J A feasibility assessment of the necessary modifications to the terminal high altitude area defense system to address such requirements K An assessment of the industrial base capacity to support additional production of either a land-based standard missile–3 block IIA interceptor system or the terminal high altitude area defense system L An assessment of the manning training and sustainment needed to operationally support the proposed layered homeland missile defense architecture 3 CONSULTATION —In preparing the report required under paragraph 1 the Secretary shall consult with each of the following A The Under Secretary of Defense for Policy B The Under Secretary of Defense for Acquisition and Sustainment C The Vice Chairman of the Joint Chiefs of Staff as the Chair of the Joint Requirements Oversight Council D The Commander of the United States Strategic Command E The Commander of the United States Northern Command F The Director of the Missile Defense Agency G The Director of Cost Assessment and Program Evaluation b LIMITATION ON USE OF FUNDS —Of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Missile Defense Agency for a layered homeland missile defense system not more than 50 percent may be obligated or expended until the Director of the Missile Defense Agency submits to the congressional defense committees the report under subsection a c ASSESSMENT —Not later than February 28 2021 the Director of the Defense Intelligence Agency and the head of any other element of the intelligence community that the Secretary H R 6395—682 of Defense determines appropriate shall submit to the congressional defense committees an assessment of the following 1 How the development and deployment of regional terminal high altitude area defense systems and Aegis ballistic missile defense systems to conduct longer-range missile defense missions would be perceived by near-peer foreign countries and rogue nations 2 How such near-peer foreign countries and rogue nations would likely respond to such deployments d INTELLIGENCE COMMUNITY DEFINED —In this section the term ‘‘intelligence community’’ has the meaning given such term in section 3 of the National Security Act of 1947 50 U S C 3003 SEC 1649 IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CODEVELOPMENT AND CO-PRODUCTION a IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM — 1 AVAILABILITY OF FUNDS —Of the funds authorized to be appropriated by this Act for fiscal year 2021 for procurement Defense-wide and available for the Missile Defense Agency not more than $73 000 000 may be provided to the Government of Israel to procure components for the Iron Dome short-range rocket defense system through co-production of such components in the United States by industry of the United States 2 CONDITIONS — A AGREEMENT —Funds described in paragraph 1 for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement signed on March 5 2014 as amended to include co-production for Tamir interceptors B CERTIFICATION —Not later than 30 days prior to the initial obligation of funds described in paragraph 1 the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— i a certification that the amended bilateral international agreement specified in subparagraph A is being implemented as provided in such agreement ii an assessment detailing any risks relating to the implementation of such agreement and iii for system improvements resulting in modified Iron Dome components and Tamir interceptor subcomponents a certification that the Government of Israel has demonstrated successful completion of Production Readiness Reviews including the validation of production lines the verification of component conformance and the verification of performance to specification as defined in the Iron Dome Defense System Procurement Agreement as further amended b ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM DAVID’S SLING WEAPON SYSTEM CO-PRODUCTION — 1 IN GENERAL —Subject to paragraph 3 of the funds authorized to be appropriated for fiscal year 2021 for procurement Defense-wide and available for the Missile Defense H R 6395—683 Agency not more than $50 000 000 may be provided to the Government of Israel to procure the David’s Sling Weapon System including for co-production of parts and components in the United States by United States industry 2 AGREEMENT —Provision of funds specified in paragraph 1 shall be subject to the terms and conditions in the bilateral co-production agreement including— A a one-for-one cash match is made by Israel or in another matching amount that otherwise meets best efforts as mutually agreed to by the United States and Israel and B co-production of parts components and all-up rounds if appropriate in the United States by United States industry for the David’s Sling Weapon System is not less than 50 percent 3 CERTIFICATION AND ASSESSMENT —The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— A a certification that the Government of Israel has demonstrated the successful completion of the knowledge points technical milestones and production readiness reviews required by the research development and technology agreement and the bilateral co-production agreement for the David’s Sling Weapon System and B an assessment detailing any risks relating to the implementation of such agreement c ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM ARROW 3 UPPER TIER INTERCEPTOR PROGRAM CO-PRODUCTION — 1 IN GENERAL —Subject to paragraph 2 of the funds authorized to be appropriated for fiscal year 2021 for procurement Defense-wide and available for the Missile Defense Agency not more than $77 000 000 may be provided to the Government of Israel for the Arrow 3 Upper Tier Interceptor Program including for co-production of parts and components in the United States by United States industry 2 CERTIFICATION —The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that— A the Government of Israel has demonstrated the successful completion of the knowledge points technical milestones and production readiness reviews required by the research development and technology agreement for the Arrow 3 Upper Tier Interceptor Program B funds specified in paragraph 1 will be provided on the basis of a one-for-one cash match made by Israel or in another matching amount that otherwise meets best efforts as mutually agreed to by the United States and Israel C the United States has entered into a bilateral international agreement with Israel that establishes with respect to the use of such funds— i in accordance with subparagraph D the terms of co-production of parts and components on the basis of the greatest practicable co-production of parts components and all-up rounds if appropriate by United States industry and minimizes nonrecurring H R 6395—684 engineering and facilitization expenses to the costs needed for co-production ii complete transparency on the requirement of Israel for the number of interceptors and batteries that will be procured including with respect to the procurement plans acquisition strategy and funding profiles of Israel iii technical milestones for co-production of parts and components and procurement iv a joint affordability working group to consider cost reduction initiatives and v joint approval processes for third-party sales and D the level of co-production described in subparagraph C i for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent d NUMBER —In carrying out paragraph 2 of subsection b and paragraph 2 of subsection c the Under Secretary may submit— 1 one certification covering both the David’s Sling Weapon System and the Arrow 3 Upper Tier Interceptor Program or 2 separate certifications for each respective system e TIMING —The Under Secretary shall submit to the congressional defense committees the certification and assessment under subsection b 3 and the certification under subsection c 2 no later than 30 days before the funds specified in paragraph 1 of subsections b and c for the respective system covered by the certification are provided to the Government of Israel f APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committees’’ means the following 1 The congressional defense committees 2 The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives SEC 1650 REPORT ON DEFENSE OF GUAM FROM INTEGRATED AIR AND MISSILE THREATS a REPORT —Not later than 120 days after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees a report containing a study on the defense of Guam from integrated air and missile threats including such threats from ballistic hypersonic and cruise missiles b ELEMENTS —The report under subsection a shall include the following 1 The identification of existing deployed land- and seabased air and missile defense programs of record within the military departments and Defense Agencies including with respect to interceptors radars and ground- ship- air - and space-based sensors that could be used either alone or in coordination with other systems to counter the threats specified in subsection a with an initial operational capability by 2025 2 A plan of how such programs would be used to counter such threats with an initial operational capability by 2025 3 A plan of which programs currently in development but not yet deployed could enhance or substitute for existing H R 6395—685 programs in countering such threats with an initial operational capability by 2025 4 An analysis of which military department Defense Agency or combatant command would have operational control of the mission to counter such threats 5 A cost analysis of the various options described in paragraphs 1 and 3 including a breakdown of the cost of weapons systems considered under the various scenarios including any costs to modify the systems the cost benefits gained through economies of scale and the cost of any military construction required 6 An analysis of the policy implications regarding deploying additional missile defense systems on Guam and how such deployments could affect strategic stability including likely responses from both rogue nations and near-peer competitors c CONSULTATION —The Secretary shall carry out this section in consultation with each of the following 1 The Director of the Missile Defense Agency 2 The Commander of the United States Indo-Pacific Command 3 The Commander of the United States Northern Command 4 The Commander of the United States Strategic Command 5 The Director of the Joint Integrated Air and Missile Defense Organization 6 Any other official whom the Secretary of Defense determines for purposes of this section has significant technical policy or military expertise d FORM —The report submitted under subsection a shall be in unclassified form but may contain a classified annex e BRIEFING —Not later than 30 days after the date on which the Secretary submits to the congressional defense committees the report under subsection a the Secretary shall provide to such committees a briefing on the report SEC 1651 REPORTS ON CRUISE MISSILE DEFENSE AND NORTH WARNING SYSTEM a REPORT ON CRUISE MISSILE DEFENSE AND STATUS OF NORTH WARNING SYSTEM — 1 REQUIREMENT —Not later than 90 days after the date of the enactment of this Act the Commander of the United States Northern Command in coordination with the Secretary of the Air Force the Director of the Missile Defense Agency and the Director for Force Structure Resources and Assessment of the Joint Staff shall submit to the congressional defense committees a report on the on cruise missile defense of the United States 2 ELEMENTS —The report under paragraph 1 shall include the following A An identification of any vulnerability of the contiguous United States to known cruise missile threats B An assessment of the status of the North Warning System including— H R 6395—686 i a description and assessment of the status and operational integrity of the infrastructure of the North Warning System ii an assessment of the technology currently used by the North Warning System compared with the technology considered necessary by the Commander of the North American Aerospace Defense Command to detect current and anticipated threats iii an assessment of the infrastructure and ability of the Alaska Radar System to integrate into the broader North Warning System and iv an assessment of the ability of the North Warning System to integrate with current and anticipated space-based sensor platforms b REPORT ON PLAN FOR MITIGATION AND MODERNIZATION — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Commander of the United States Northern Command in coordination with the Secretary of the Air Force the Director of the Missile Defense Agency and the Director for Force Structure Resources and Assessment of the Joint Staff shall submit to the congressional defense committees a report setting forth a plan for— A mitigating vulnerabilities of the contiguous United States to known cruise missile threats and B modernizing the capabilities provided by the current North Warning System 2 ELEMENTS —The plan under paragraph 1 shall include the following A A plan to mitigate any vulnerability of the contiguous United States to known cruise missile threats identified in the report under subsection a B A detailed timeline for the modernization of the North Warning System based on the status of the system as assessed in the report under subsection a C The technological advancements necessary for ground-based North Warning System sites to address current and anticipated threats as specified by the Commander of the North American Aerospace Defense Command D An assessment of the number of future North Warning System sites required in order to address current and anticipated threats as so specified E Any new or complementary technologies required to accomplish the mission of the North Warning System F The cost and schedule by year of the plan 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 a PROHIBITION —Except as provided by subsection b none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 or any subsequent fiscal year for the Department of Defense may be obligated or expended to H R 6395—687 retrofit any Global Positioning System device or system or network that uses the Global Positioning System in order to mitigate harmful interference from commercial terrestrial operations using the 1526–1536 megahertz band the 1627 5–1637 5 megahertz band or the 1646 5–1656 5 megahertz band b ACTIONS NOT PROHIBITED —The prohibition in subsection a shall not apply to any action taken by the Secretary of Defense relating to— 1 conducting technical or information exchanges with the entity that operates the commercial terrestrial operations in the megahertz bands specified in such subsection 2 seeking compensation for harmful interference from such entity or 3 Global Positioning System receiver upgrades needed to address other resiliency requirements SEC 1662 LIMITATION ON AWARDING CONTRACTS TO ENTITIES OPERATING COMMERCIAL TERRESTRIAL COMMUNICATION NETWORKS THAT CAUSE HARMFUL INTERFERENCE WITH THE GLOBAL POSITIONING SYSTEM The Secretary of Defense may not enter into a contract or extend or renew a contract with an entity that engages in commercial terrestrial operations using the 1525–1559 megahertz band or the 1626 5–1660 5 megahertz band unless the Secretary has certified to the congressional defense committees that such operations do not cause harmful interference to a Global Positioning System device of the Department of Defense SEC 1663 INDEPENDENT TECHNICAL REVIEW OF FEDERAL COMMUNICATIONS COMMISSION ORDER 20–48 a AGREEMENT — 1 IN GENERAL —The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences Engineering and Medicine for the National Academies to perform the services covered by this section 2 TIMING —The Secretary shall seek to enter into the agreement described in paragraph 1 not later than 30 days after the date of the enactment of this Act b INDEPENDENT TECHNICAL REVIEW — 1 IN GENERAL —Under an agreement between the Secretary and the National Academies under subsection a the National Academies shall carry out an independent technical review of the Order and Authorization adopted by the Federal Communications Commission on April 19 2020 FCC 20–48 to the extent that such Order and Authorization affects the devices operations or activities of the Department of Defense 2 ELEMENTS —The independent technical review carried out under paragraph 1 shall include the following A Comparison of the two different approaches on which the Commission relied for the Order and Authorization described in paragraph 1 to evaluate the potential harmful interference concerns relating to Global Positioning System devices with a recommendation on which method most effectively mitigates risks of harmful interference with Global Positioning System devices of the Department or relating to or with the potential to affect the operations and activities of the Department H R 6395—688 B Assessment of the potential for harmful interference to mobile satellite services including commercial services and Global Positioning System services of the Department or relating to or with the potential to affect the operations and activities of the Department C Review of the feasibility practicality and effectiveness of the proposed mitigation measures relating to or with the potential to affect the devices operations or activities of the Department D Development of recommendations associated with the findings of the National Academies in carrying out the independent technical review E Such other matters as the National Academies determines relevant c REPORT — 1 IN GENERAL —Under an agreement between the Secretary and the National Academies under subsection a the National Academies not later than 270 days after the date of the execution of such agreement shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the findings of the National Academies with respect to the independent technical review carried out under subsection b and the recommendations developed pursuant to such review 2 FORM —The report submitted under paragraph 1 shall be submitted in a publicly releasable and unclassified format but may include a classified annex SEC 1664 ESTIMATE OF DAMAGES FROM FEDERAL COMMUNICATIONS COMMISSION ORDER 20–48 a LIMITATION ESTIMATE AND CERTIFICATION —None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 may be obligated or expended by the Secretary of Defense to comply with the Order and Authorization adopted by the Federal Communications Commission on April 19 2020 FCC 20–48 until the Secretary— 1 submits to the congressional defense committees an estimate of the extent of covered costs and the range of eligible reimbursable costs associated with harmful interference resulting from such Order and Authorization to the Global Positioning System of the Department of Defense and 2 certifies to the congressional defense committees that the estimate submitted under paragraph 1 is accurate with a high degree of certainty b COVERED COSTS —For purposes of this section covered costs include costs that would be incurred— 1 to upgrade repair or replace potentially affected receivers of the Federal Government 2 to modify repair or replace equipment spares associated ancillary equipment software facilities operating manuals training or compliance with regulations including with regard to the underlying platform or system in which a capability of the Global Positioning System is embedded and H R 6395—689 3 for personnel of the Department to engineer validate and verify that any required remediation provides the Department with the same operational capability for the affected system prior to terrestrial operation in the 1525 to 1559 megahertz or 1626 5 to 1660 5 megahertz bands of electromagnetic spectrum c RANGE OF ELIGIBLE REIMBURSABLE COSTS —For purposes of this section the range of eligible reimbursable costs includes— 1 costs associated with engineering equipment software site acquisition and construction 2 any transaction expense that the Secretary determines is legitimate and prudent 3 costs relating to term-limited Federal civil servant and contractor staff and 4 the costs of research engineering studies or other expenses the Secretary determines reasonably incurred Subtitle F—Other Matters SEC 1671 CONVENTIONAL PROMPT STRIKE a INTEGRATION —Section 1697 a of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1791 is amended by adding at the end the following new sentence ‘‘The Secretary shall initiate efforts to integrate such technologies to DDG–1000 class destroyers during fiscal year 2021 ’’ b REPORT ON STRATEGIC HYPERSONIC WEAPONS — 1 REQUIREMENT —Not later than 120 days after the date of the enactment of this Act the Chairman of the Joint Chiefs of Staff in coordination with the Under Secretary of Defense for Policy shall submit to the congressional defense committees a report on strategic hypersonic weapons 2 MATTERS INCLUDED —The report under paragraph 1 shall include the following A A discussion of the authority and policy processes to use hypersonic weapons and if and how such authorities would be delegated to the commanders of the combatant commands or to the Chiefs of the Armed Forces B How escalation risks will be addressed with regards to the use of strategic hypersonic weapons including— i whether any risk escalation exercises have been conducted or are planned for the potential use of hypersonic weapons and ii an analysis of the escalation risks posed by foreign hypersonic systems that are potentially nuclear and conventional dual-use capable weapons C The potential target sets for hypersonic weapons envisioned as of the date of the report and the required mission planning to support targeting by the United States Strategic Command and other combatant commands D Identification of the process for the Department of Defense to establish targeting and release authority for conventional prompt strike hypersonic weapons E A description of how the requirements for landand sea-based hypersonic weapons will be addressed with the Joint Requirements Oversight Council and how such requirements will be formally provided to the military H R 6395—690 departments procuring such weapons through an acquisition program described under section 804 of the National Defense Authorization Act for Fiscal Year 2016 10 U S C 2302 note F The required force structures including necessary training simulators and range use needed by the Armed Forces to support employment of such weapons against the classes of targets that will be held at risk G With respect to the force structure of the Navy— i whether such weapons should be deployed on both submarines and surface combatants and ii the number of such vessels that need to be so equipped H A basing strategy for land-based launch platforms and a description of the actions needed to be taken for future deployment of such platforms 3 FORM —The report under paragraph 1 shall be submitted in unclassified form but may include a classified annex c ANNUAL REPORTS ON ACQUISITION — 1 ARMY AND NAVY PROGRAMS —Except as provided by paragraph 3 not later than 30 days after the date on which the budget of the President for each of fiscal years 2022 through 2025 is submitted to Congress pursuant to section 1105 of title 31 United States Code the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees a report on the long-range hypersonic weapon program of the Army and the conventional prompt strike program of the Navy including— A the total costs to the respective military departments for such programs B the strategy for such programs with respect to manning training and equipping including cost estimates and C a testing strategy and schedule for such programs 2 INDEPENDENT COST ESTIMATE —Not later than 90 days after the date on which the budget of the President for fiscal year 2022 is submitted to Congress pursuant to section 1105 of title 31 United States Code the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees an independent cost estimate for the longrange hypersonic weapon program of the Army and the conventional prompt strike program of the Navy 3 TERMINATION —The requirement to submit a report under paragraph 1 shall terminate on the date on which the Secretary of Defense determines that the long-range hypersonic weapon program of the Army and the conventional prompt strike program of the Navy are unable to be acquired under the authority of section 804 of the National Defense Authorization Act for Fiscal Year 2016 10 U S C 2302 note SEC 1672 LIMITATION ON AVAILABILITY OF FUNDS RELATING TO REPORTS ON MISSILE SYSTEMS AND ARMS CONTROL TREATIES a LIMITATION — 1 IN GENERAL —Beginning on the date that is 60 days after the date of the enactment of this Act if the Secretary of Defense has not submitted the covered reports not more H R 6395—691 than 50 percent of the funds specified in paragraph 2 may be obligated or expended until the date on which the covered reports have been submitted 2 FUNDS SPECIFIED —The funds specified in this paragraph are the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Office of the Under Secretary of Defense for Policy b COVERED REPORTS DEFINED —In this section the term ‘‘covered reports’’ means— 1 the report under section 1698 b of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1792 and 2 the assessment under section 1236 b of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1650 SEC 1673 SUBMISSION OF REPORTS UNDER MISSILE DEFENSE REVIEW AND NUCLEAR POSTURE REVIEW Not later than 30 days after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees— 1 each report assessment and guidance document produced by the Department of Defense pursuant to the Missile Defense Review published in 2019 or during subsequent actions taken to implement the conclusions of the Review and 2 each report assessment and guidance document produced by the Department pursuant to the Nuclear Posture Review published in 2018 or during subsequent actions taken to implement the conclusions of the 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 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 H R 6395—692 Sec Sec Sec Sec Sec 1717 1718 1719 1720 1721 Sec 1722 Sec 1723 Sec 1724 Sec 1725 Sec 1726 Sec 1727 Sec 1728 Sec 1729 Sec 1730 Sec 1731 Sec 1732 Sec 1733 Sec 1734 Sec 1735 Sec 1736 Sec 1737 Sec 1738 Sec 1739 Sec 1740 Sec 1741 Sec 1742 Sec 1743 Sec Sec Sec Sec Sec 1744 1745 1746 1747 1748 Sec 1749 Sec 1750 Sec 1751 Sec 1752 Cybersecurity State Coordinator Cybersecurity Advisory Committee Cybersecurity education and training assistance program Framework for cyber hunt forward operations Rationalization and integration of parallel cybersecurity architectures and operations Assessing risk to national security of quantum computing Tailored cyberspace operations organizations Responsibility for cybersecurity and critical infrastructure protection of the defense industrial base 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 Department of Defense cyber workforce efforts Reporting requirements for cross domain incidents and exemptions to policies for information technology Assessing private-public collaboration in cybersecurity Cyber capabilities and interoperability of the National Guard Evaluation of non-traditional cyber support to the Department of Defense Integrated cybersecurity center plan Assessment of cyber operational planning and deconfliction policies and processes Pilot program on cybersecurity capability metrics Assessment of effect of inconsistent timing and use of Network Address Translation in Department of Defense networks Integration of Department of Defense user activity monitoring and cybersecurity Defense industrial base cybersecurity sensor architecture plan Assessment on defense industrial base participation in a threat information sharing program Assistance for small manufacturers in the defense industrial supply chain on matters relating to cybersecurity Assessment on defense industrial base cybersecurity threat hunting program Defense Digital Service Matters concerning the College of Information and Cyberspace and limitation of funding for National Defense University Department of Defense cyber hygiene and Cybersecurity Maturity Model Certification framework Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard National cyber exercises Cybersecurity and Infrastructure Security Agency review Report on enabling United States Cyber Command resource allocation Ensuring cyber resiliency of nuclear command and control system Requirements for review of and limitations on the Joint Regional Security Stacks activity Implementation of information operations matters Report on use of encryption by Department of Defense national security systems Guidance and direction on use of direct hiring processes for artificial intelligence professionals and other data science and software development personnel National Cyber Director SEC 1701 MODIFICATION OF MISSION OF CYBER COMMAND AND ASSIGNMENT OF CYBER OPERATIONS FORCES Title 10 United States Code is amended— 1 in section 167b— A in subsection a — i in the first sentence by inserting ‘‘ 1 ’’ before ‘‘With the advice’’ ii in paragraph 1 as designated by clause i by striking the second sentence and iii by adding at the end the following new paragraph ‘‘ 2 The principal mission of the Cyber Command is to direct synchronize and coordinate military cyberspace planning and operations to defend and advance national interests H R 6395—693 in collaboration with domestic and international partners ’’ and B by amending subsection b to read as follows ‘‘ b ASSIGNMENT OF FORCES — 1 Active and reserve cyber forces of the armed forces shall be assigned to the Cyber Command through the Global Force Management Process as approved by the Secretary of Defense ‘‘ 2 Cyber forces not assigned to Cyber Command remain assigned to combatant commands or service-retained ’’ and 2 in section 238— A in subsection a — i in the matter preceding paragraph 1 — I by striking ‘‘2017’’ and inserting ‘‘2021’’ and II by inserting ‘‘ in electronic and print formats ’’ after ‘‘display’’ ii in paragraph 1 by inserting ‘‘and the cyberspace operations forces’’ before the semicolon iii in paragraph 2 by inserting ‘‘and the cyberspace operations forces’’ before the period B in subsection b — i in the matter preceding paragraph 1 by striking ‘‘2017’’ and inserting ‘‘2021’’ ii in paragraph 1 by striking ‘‘2017’’ and inserting ‘‘2021’’ and iii in paragraph 2 by striking ‘‘2018’’ and inserting ‘‘2022’’ and C by adding at the end the following new subsection ‘‘ c SUBMISSION —The Secretary shall provide the displays described in subsection a — ‘‘ 1 in electronic format not later than five days after the submission by the President under section 1105 a of title 31 of the budget and ‘‘ 2 in print format not later than 21 days after the submission by the President under section 1105 a of title 31 of the budget ’’ SEC 1702 MODIFICATION OF SCOPE OF NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY CYBER OPERATIONS Subsection c of section 395 of title 10 United States Code is amended to read as follows ‘‘ c SENSITIVE MILITARY CYBER OPERATION DEFINED — 1 In this section the term ‘sensitive military cyber operation’ means an action described in paragraph 2 that— ‘‘ A is carried out by the armed forces of the United States ‘‘ B is intended to achieve a cyber effect against a foreign terrorist organization or a country including its armed forces and the proxy forces of that country located elsewhere— ‘‘ i with which the armed forces of the United States are not involved in hostilities as that term is used in section 4 of the War Powers Resolution 50 U S C 1543 or ‘‘ ii with respect to which the involvement of the armed forces of the United States in hostilities has H R 6395—694 not been acknowledged publicly by the United States and ‘‘ C i is determined to— ‘‘ I have a medium or high collateral effects estimate ‘‘ II have a medium or high intelligence gain or loss ‘‘ III have a medium or high probability of political retaliation as determined by the political military assessment contained within the associated concept of operations ‘‘ IV have a medium or high probability of detection when detection is not intended or ‘‘ V result in medium or high collateral effects or ‘‘ ii is a matter the Secretary determines to be appropriate ‘‘ 2 The actions described in this paragraph are the following ‘‘ A An offensive cyber operation ‘‘ B A defensive cyber operation ’’ SEC 1703 MODIFICATION OF REQUIREMENTS FOR QUARTERLY DEPARTMENT OF DEFENSE CYBER OPERATIONS BRIEFINGS FOR CONGRESS Section 484 of title 10 United States Code is amended by striking subsections a and b and inserting the following new subsections ‘‘ a BRIEFINGS REQUIRED —The Under Secretary of Defense for Policy the Commander of United States Cyber Command and the Chairman of the Joint Chiefs of Staff or designees from each of their offices shall provide to the congressional defense committees quarterly briefings on all offensive and significant defensive military operations in cyberspace including clandestine cyber activities carried out by the Department of Defense during the immediately preceding quarter ‘‘ b ELEMENTS —Each briefing under subsection a shall include with respect to the military operations in cyberspace described in such subsection the following ‘‘ 1 An update set forth separately for each applicable geographic and functional command that describes the operations carried out in the area of operations of that command or by that command ‘‘ 2 An update set forth for each applicable geographic and functional command that describes defensive cyber operations executed to protect or defend forces networks and equipment in the area of operations of that command ‘‘ 3 An update on relevant authorities and legal issues applicable to operations including any presidential directives and delegations of authority received since the last quarterly update ‘‘ 4 An overview of critical operational challenges posed by major adversaries or encountered in operational activities conducted since the last quarterly update ‘‘ 5 An overview of the readiness of the Cyber Mission Forces to perform assigned missions that— H R 6395—695 ‘‘ A addresses all of the abilities of such Forces to conduct cyberspace operations based on capability and capacity of personnel equipment training and equipment condition— ‘‘ i using both quantitative and qualitative metrics and ‘‘ ii in a way that is common to all military departments and ‘‘ B is consistent with readiness reporting pursuant to section 482 of this title ‘‘ 6 Any other matters that the briefers determine to be appropriate ‘‘ c DOCUMENTS —Each briefing under subsection a shall include a classified placemat summarizing the elements specified in paragraphs 1 2 3 and 5 of subsection b and an unclassified memorandum summarizing the briefing’s contents ’’ SEC 1704 CLARIFICATION RELATING TO PROTECTION FROM LIABILITY OF OPERATIONALLY CRITICAL CONTRACTORS Paragraph 1 of section 391 d of title 10 United States Code is amended— 1 by inserting ‘‘and contract requirements established pursuant to Defense Federal Acquisition Regulation Supplement clause 252 204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting ’’ after ‘‘compliance with this section’’ and 2 by inserting ‘‘and such contract requirements’’ before the period SEC 1705 STRENGTHENING FEDERAL NETWORKS CISA CYBERSECURITY SUPPORT TO AGENCIES Section 3553 of title 44 United States Code is amended— 1 in subsection b — A in paragraph 6 D by striking ‘‘and’’ after the semicolon B by redesignating paragraph 7 as paragraph 9 and C by inserting after paragraph 6 the following new paragraphs ‘‘ 7 hunting for and identifying with or without advance notice to or authorization from agencies threats and vulnerabilities within Federal information systems ‘‘ 8 upon request by an agency and at the Secretary’s discretion with or without reimbursement— ‘‘ A providing services functions and capabilities including operation of the agency’s information security program to assist the agency with meeting the requirements set forth in section 3554 b and ‘‘ B deploying operating and maintaining secure technology platforms and tools including networks and common business applications for use by the agency to perform agency functions including collecting maintaining storing processing disseminating and analyzing information and’’ and 2 by adding at the end the following new subsection ‘‘ l INFORMATION SHARING — ‘‘ 1 IN GENERAL —Notwithstanding any other provision of law including any provision of law that would otherwise restrict H R 6395—696 or prevent the head of an agency from disclosing information to the Secretary the Secretary in carrying out this section and title XXII of the Homeland Security Act of 2002 6 U S C 651 et seq may access use retain and disclose and the head of an agency may disclose to the Secretary information for the purpose of protecting information and information systems from cybersecurity risks ‘‘ 2 EXCEPTION —Paragraph 1 shall not apply to national security systems or to information systems described in paragraph 2 or 3 of subsection e ’’ SEC 1706 IMPROVEMENTS RELATING TO THE QUADRENNIAL CYBER POSTURE REVIEW Section 1644 c of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 as amended by section 1635 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 is further amended— 1 by amending paragraph 1 to read as follows ‘‘ 1 The assessment and definition of the role of cyber forces in the national defense and military strategies of the United States ’’ 2 by amending paragraph 2 to read as follows ‘‘ 2 Review of the following ‘‘ A The role of cyber operations in combatant commander warfighting plans ‘‘ B The ability of combatant commanders to respond to adversary cyber attacks ‘‘ C The international partner cyber capacity-building programs of the Department ’’ 3 by amending paragraph 3 to read as follows ‘‘ 3 A review of the law policies and authorities relating to and necessary for the United States to maintain a safe reliable and credible cyber posture for defending against and responding to cyber attacks and for deterrence in cyberspace including the following ‘‘ A An assessment of the need for further delegation of cyber-related authorities including those germane to information warfare to the Commander of United States Cyber Command ‘‘ B An evaluation of the adequacy of mission authorities for all cyber-related military components defense agencies directorates centers and commands ’’ 4 in paragraph 4 by striking ‘‘A declaratory’’ and inserting ‘‘A review of the need for or for updates to a declaratory’’ 5 in paragraph 5 by striking ‘‘Proposed’’ and inserting ‘‘A review of’’ 6 by amending paragraph 6 to read as follows ‘‘ 6 A review of a strategy to deter degrade or defeat malicious cyber activity targeting the United States which may include activities capability development and operations other than cyber activities cyber capability development and cyber operations including— ‘‘ A a review and assessment of various approaches to competition and deterrence in cyberspace determined in consultation with experts from Government academia and industry H R 6395—697 ‘‘ B a comparison of the strengths and weaknesses of the approaches identified pursuant to subparagraph A relative to the threat of each other and ‘‘ C an assessment as to how the cyber strategy will inform country-specific campaign plans focused on key leadership of Russia China Iran North Korea and any other country the Secretary considers appropriate ’’ 7 by striking paragraph 8 and inserting the following new paragraph 8 ‘‘ 8 A comprehensive force structure assessment of the Cyber Operations Forces of the Department for the posture review period including the following ‘‘ A A determination of the appropriate size and composition of the Cyber Mission Forces to accomplish the mission requirements of the Department ‘‘ B An assessment of the Cyber Mission Forces’ personnel capabilities equipment funding operational concepts and ability to execute cyber operations in a timely fashion ‘‘ C An assessment of the personnel capabilities equipment funding and operational concepts of Cybersecurity Service Providers and other elements of the Cyber Operations Forces ’’ 8 by redesignating paragraphs 9 through 11 as subsections 12 through 14 respectively and 9 by inserting after paragraph 8 the following new paragraphs ‘‘ 9 An assessment of whether the Cyber Mission Force has the appropriate level of interoperability integration and interdependence with special operations and conventional forces ‘‘ 10 An evaluation of the adequacy of mission authorities for the Joint Force Provider and Joint Force Trainer responsibilities of United States Cyber Command including the adequacy of the units designated as Cyber Operations Forces to support such responsibilities ‘‘ 11 An assessment of the missions and resourcing of the combat support agencies in support of cyber missions of the Department ’’ SEC 1707 MODIFICATION OF AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CYBER OPERATIONSPECULIAR CAPABILITY DEVELOPMENT PROJECTS Section 1640 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 is amended— 1 by redesignating subsections b and c as subsections c and d respectively 2 in subsection a — A by striking ‘‘The Secretary of Defense’’ and inserting ‘‘Subject to subsection b the Commander of the United States Cyber Command’’ B by striking ‘‘per service’’ and inserting ‘‘per use’’ and C by striking ‘‘through 2022’’ and inserting ‘‘through 2025’’ 3 by inserting after subsection a the following H R 6395—698 ‘‘ b LIMITATION — 1 Each fiscal year the Secretaries of the military departments concerned may each obligate and expend under subsection a not more than $10 000 000 ‘‘ 2 Each fiscal year the Commander of the United States Cyber Command may obligate and expend under subsection a not more than $6 000 000 ’’ and 4 in subsection d as so redesignated by striking ‘‘through 2022’’ and inserting ‘‘through 2025’’ SEC 1708 PERSONNEL MANAGEMENT AUTHORITY FOR COMMANDER OF UNITED STATES CYBER COMMAND AND DEVELOPMENT PROGRAM FOR OFFENSIVE CYBER OPERATIONS a PERSONNEL MANAGEMENT AUTHORITY FOR COMMANDER OF UNITED STATES CYBER COMMAND TO ATTRACT EXPERTS IN SCIENCE AND ENGINEERING —Section 1599h of title 10 United States Code as amended by section 1602 of this Act is further amended— 1 in subsection a by adding at the end the following ‘‘ 8 UNITED STATES CYBER COMMAND —The Commander of United States Cyber Command may carry out a program of personnel management authority provided in subsection b in order to facilitate the recruitment of eminent experts in computer science data science engineering mathematics and computer network exploitation within the headquarters of United States Cyber Command and the Cyber National Mission Force ’’ and 2 in subsection b 1 — A in subparagraph F by striking ‘‘and’’ after the semicolon B in subparagraph G by inserting ‘‘and’’ after the semicolon and C by adding at the end the following new subparagraph ‘‘ H in the case of United States Cyber Command appoint computer scientists data scientists engineers mathematicians and computer network exploitation specialists to a total of not more than 10 scientific and engineering positions in the Command ’’ TO DEVELOP ACCESSES DISCOVER b PROGRAM VULNERABILITIES AND ENGINEER CYBER TOOLS AND DEVELOP TACTICS TECHNIQUES AND PROCEDURES FOR OFFENSIVE CYBER OPERATIONS — 1 IN GENERAL —Pursuant to the authority provided under section 1599h a 8 of title 10 United States Code as added by subsection a the Commander of United States Cyber Command shall establish a program or augment an existing program within the Command to develop accesses discover vulnerabilities and engineer cyber tools and develop tactics techniques and procedures for the use of these assets and capabilities in offensive cyber operations 2 ELEMENTS —The program or augmented program required by paragraph 1 shall— A develop accesses discover vulnerabilities and engineer cyber tools and develop tactics techniques and procedures fit for Department of Defense military operations in cyberspace such as reliability meeting short development and operational timelines low cost and expendability H R 6395—699 B aim to decrease the reliance of Cyber Command on accesses tools and expertise provided by the intelligence community C be designed to provide technical and operational expertise on par with that of programs of the intelligence community D enable the Commander to attract and retain expertise resident in the private sector and other technologically elite government organizations and E coordinate development activities with and as appropriate facilitate transition of capabilities from the Defense Advanced Research Projects Agency the Strategic Capabilities Office and components within the intelligence community 3 INTELLIGENCE COMMUNITY DEFINED —In this subsection the term ‘‘intelligence community’’ has the meaning given such term in section 3 of the National Security Act of 1947 50 U S C 3003 SEC 1709 APPLICABILITY OF REORIENTATION OF BIG DATA PLATFORM PROGRAM TO DEPARTMENT OF NAVY a IN GENERAL —Section 1651 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 is amended by adding at the end the following new subsection ‘‘ f APPLICABILITY —The requirements of this section shall apply in full to the Department of the Navy including the Sharkcage and associated programs ’’ b BRIEFING —Not later than 90 days after the date of the enactment of this Act the Secretary of the Navy the program manager of the Unified Platform program the Chief Information Officer and the Principal Cyber Advisor shall jointly brief the congressional defense committees on the compliance of the Department of the Navy with the requirements of such section as amended by subsection a SEC 1710 REPORT ON CYBER INSTITUTES PROGRAM Section 1640 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 2310 10 U S C 2200 note is amended by adding at the end the following ‘‘ g REPORT TO CONGRESS —Not later than September 30 2021 the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the effectiveness of the Cyber Institutes and on opportunities to expand the Cyber Institutes to additional select institutions of higher learning that have a Reserve Officers’ Training Corps program ’’ SEC 1711 MODIFICATION OF ACQUISITION AUTHORITY OF COMMANDER OF UNITED STATES CYBER COMMAND Section 807 of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114–92 10 U S C 2224 note is amended— 1 by striking subsections e and i and 2 by redesignating subsections f through h as subsections e through g respectively H R 6395—700 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 a EVALUATION OF CYBER VULNERABILITIES OF MAJOR WEAPON SYSTEMS OF THE DEPARTMENT OF DEFENSE — 1 IN GENERAL —Section 1647 of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114–92 10 U S C 2224 note as amended by section 1633 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 is further amended by adding at the end the following new subsections ‘‘ i ESTABLISHING REQUIREMENTS FOR PERIODICITY OF VULNERABILITY REVIEWS —The Secretary of Defense shall establish policies and requirements for each major weapon system and the priority critical infrastructure essential to the proper functioning of major weapon systems in broader mission areas to be re-assessed for cyber vulnerabilities taking into account upgrades or other modifications to systems and changes in the threat landscape ‘‘ j IDENTIFICATION OF SENIOR OFFICIAL —Each secretary of a military department shall identify a senior official who shall be responsible for ensuring that cyber vulnerability assessments and mitigations for weapon systems and critical infrastructure are planned funded and carried out ’’ 2 TECHNICAL CORRECTION —Such section 1647 of the National Defense Authorization Act for Fiscal Year 2016 is further amended— A by redesignating subsection g as subsection h and B by redesignating the second subsection f as added by section 1633 of the National Defense Authorization Act for Fiscal Year 2020 as subsection g b STRATEGIC CYBERSECURITY PROGRAM —Section 1640 of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 10 U S C 2224 note is amended by striking subsections a through e and inserting the following new subsections ‘‘ a IN GENERAL —Not later than August 1 2021 the Secretary of Defense shall acting through the Under Secretary of Defense for Acquisition and Sustainment the Chief Information Officer the Vice Chairman of the Joint Chiefs of Staff the Commander of United States Cyber Command and the Director of the National Security Agency establish a program to be known as the ‘Strategic Cybersecurity Program’ in this section referred to as the ‘Program’ to ensure that the Department of Defense is always able to conduct the most important military missions of the Department ‘‘ b PERSONNEL SUPPORT TO THE PROGRAM — ‘‘ 1 IN GENERAL —The Director of the National Security Agency shall establish a program office within the Cybersecurity Directorate to support the Program by identifying threats to vulnerabilities in and remediations for the missions and mission elements described in paragraph 1 of subsection c Such program office shall be headed by a program manager selected by the Director ‘‘ 2 NATIONAL SECURITY AGENCY PROGRAM OFFICE STAFF AUGMENTATION —The Secretary may augment the personnel assigned to the program office required under paragraph 1 by assigning personnel as appropriate from among regular and H R 6395—701 reserve members of the Armed Forces civilian employees of the Department of Defense including the Defense intelligence agencies and personnel of the research laboratories of the Department and the Department of Energy who have particular expertise in the areas of responsibility described in subsection c ‘‘ 3 DEPARTMENT OF ENERGY PERSONNEL —Any personnel assigned to the program office from among personnel of the Department of Energy shall be so assigned with the concurrence of the Secretary of Energy ‘‘ c RESPONSIBILITIES — ‘‘ 1 DESIGNATION OF MISSION ELEMENTS OF THE PROGRAM — The Under Secretary of Defense for Policy the Under Secretary of Defense for Acquisition and Sustainment and the Vice Chairman of the Joint Chiefs of Staff shall identify and designate for inclusion in the Program all of the systems critical infrastructure kill chains and processes including systems and components in development that comprise the following military missions of the Department of Defense ‘‘ A Nuclear deterrence and strike ‘‘ B Select long-range conventional strike missions germane to the warfighting plans of United States European Command and United States Indo-Pacific Command ‘‘ C Offensive cyber operations ‘‘ D Homeland missile defense ‘‘ 2 OFFICE OF THE UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND SUSTAINMENT —The Office of the Under Secretary of Defense for Acquisition and Sustainment shall serve as the office of primary responsibility for the Program providing policy direction and oversight regarding the execution of the National Security Agency program manager’s responsibilities described in paragraph 5 ‘‘ 3 VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF —The Vice Chairman of the Joint Chiefs of Staff shall coordinate the identification and prioritization of the missions and mission components and the development and approval of requirements relating to the cybersecurity of the missions and mission components of the Program ‘‘ 4 CHIEF INFORMATION OFFICER —The Chief Information Officer in exercising authority direction and control over the Cybersecurity Directorate of the National Security Agency shall ensure that the National Security Agency program office is responsive to the requirements and direction of the Under Secretary of Defense for Acquisition and Sustainment ‘‘ 5 PROGRAM MANAGER —The program manager shall be responsible for— ‘‘ A Conducting end-to-end vulnerability assessments of the missions of the Program and their constituent systems infrastructure kill chains and processes ‘‘ B Prioritizing and facilitating the remediation of identified vulnerabilities in the constituent systems infrastructure kill chains and processes of the missions of the Program ‘‘ C Conducting prior to the Milestone B approval for any such system or infrastructure appropriate reviews of acquisition and system engineering plans for proposed systems and infrastructure germane to the missions of H R 6395—702 the Program in accordance with the Under Secretary of Defense for Acquisition and Sustainment’s policy and guidance regarding the components of such reviews and the range of systems and infrastructure to be reviewed ‘‘ D Advising the military departments combatant commands and Joint Staff on the vulnerabilities and cyberattack vectors that pose substantial risk to the missions of the Program and their constituent systems critical infrastructure kill chains or processes ‘‘ 6 SECRETARY OF DEFENSE DIRECTIVE —The Secretary of Defense shall define and issue guidance on the roles and responsibilities for other components with respect to the Program including— ‘‘ A the military departments’ acquisition and sustainment organizations in supporting and implementing remedial actions ‘‘ B the alignment of Cyber Protection Teams with the prioritized missions of the Program ‘‘ C the role of the Director of Operational Test and Evaluation in conducting periodic assessments including through red teams of the cybersecurity of missions in the Program and ‘‘ D the role of the Principal Cyber Adviser in coordinating and monitoring the Department’s execution of the Program ‘‘ d INTEGRATION WITH OTHER EFFORTS —The Under Secretary of Defense for Acquisition and Sustainment shall ensure that the Program builds upon and does not duplicate other efforts of the Department of Defense relating to cybersecurity including the following ‘‘ 1 The evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense required under section 1647 of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114–92 ‘‘ 2 The evaluation of cyber vulnerabilities of Department of Defense critical infrastructure required under section 1650 of the National Defense Authorization Act for Fiscal year 2017 Public Law 114–328 10 U S C 2224 note ‘‘ 3 The activities of the cyber protection teams of the Department of Defense ‘‘ e BRIEFING —Not later than December 1 2021 the Secretary of Defense shall provide to the congressional defense committees a briefing on the establishment of the Program and the plans funding and staffing of the Program ’’ SEC 1713 MODIFICATION ADVISOR OF POSITION OF PRINCIPAL CYBER a IN GENERAL —Subsection c of section 932 of the National Defense Authorization Act for Fiscal Year 2014 Public Law 113– 66 10 U S C 2224 note is amended to read as follows ‘‘ c PRINCIPAL CYBER ADVISOR — ‘‘ 1 DESIGNATION —The Secretary shall designate a Principal Cyber Advisor from among those civilian officials of the Department of Defense who have been appointed to the positions in which they serve by the President by and with the advice and consent of the Senate H R 6395—703 ‘‘ 2 RESPONSIBILITIES —The Principal Cyber Advisor shall be responsible for the following ‘‘ A Acting as the principal advisor to the Secretary on military cyber forces and activities ‘‘ B Overall integration of Cyber Operations Forces activities relating to cyberspace operations including associated policy and operational considerations resources personnel technology development and transition and acquisition ‘‘ C Assessing and overseeing the implementation of the cyber strategy of the Department and execution of the cyber posture review of the Department on behalf of the Secretary ‘‘ D Coordinating activities pursuant to subparagraphs A and B of subsection c 3 with the Principal Information Operations Advisor the Chief Information Officer of the Department and other officials as determined by the Secretary of Defense to ensure the integration of activities in support of cyber information and electromagnetic spectrum operations ‘‘ E Such other matters relating to the offensive military cyber forces of the Department as the Secretary shall specify for the purposes of this subsection ‘‘ 3 CROSS-FUNCTIONAL TEAM —Consistent with section 911 of the National Defense Authorization Act for Fiscal Year 2017 Public Law 114–328 10 U S C 111 note the Principal Cyber Advisor shall— ‘‘ A integrate the cyber expertise and perspectives of appropriate organizations within the Office of the Secretary of Defense Joint Staff military departments the Defense Agencies and Field Activities and combatant commands by establishing and maintaining a full-time cross-functional team of subject matter experts from those organizations and ‘‘ B select team members and designate a team leader from among those personnel nominated by the heads of such organizations ’’ b DESIGNATION OF DEPUTY PRINCIPAL CYBER ADVISOR —Section 905 a 1 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 is amended by striking ‘‘Under Secretary of Defense for Policy’’ and inserting ‘‘Secretary of Defense’’ SEC 1714 CYBERSPACE SOLARIUM COMMISSION Section 1652 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 is amended— 1 in subsection b 1 — A in subparagraph A by— i striking clauses i through iv and ii redesignating clauses v through viii as clauses i through iv respectively and B in subparagraph B i by striking ‘‘and who are appointed under clauses iv through vii of subparagraph A ’’ 2 in subsection d 2 by striking ‘‘Seven’’ and inserting ‘‘Six’’ H R 6395—704 3 in subsection h by— B striking ‘‘ 1 IN GENERAL —’’ and C striking paragraph 2 4 in subsection i 1 B by striking ‘‘officers or employees of the United States or’’ and 5 in subsection k 2 — A in subparagraph A — i by striking ‘‘at the end of the 120-day period beginning on’’ and inserting ‘‘20 months after’’ and ii by adding at the end the following new sentence ‘‘No extension of the Commission is permitted ’’ B in subparagraph B by— i striking ‘‘may use the 120-day’’ and inserting ‘‘shall use the 20-month’’ ii striking ‘‘for the purposes of concluding its activities including providing testimony to Congress concerning the final report referred to in that paragraph and disseminating the report’’ and inserting the following ‘‘for the purposes of—’’ ‘‘ i collecting and assessing comments and feedback from the Executive Branch academia and the public on the analysis and recommendations contained in the Commission’s report ‘‘ ii collecting and assessing any developments in cybersecurity that may affect the analysis and recommendations contained in the Commission’s report ‘‘ iii reviewing the implementation of the recommendations contained in the Commission’s report ‘‘ iv revising amending or making new recommendations based on the assessments and reviews required under clauses i – iii ‘‘ v providing an annual update to the congressional defense committees the congressional intelligence committees the Committee on Homeland Security of the House of Representatives the Committee on Homeland Security and Governmental Affairs of the Senate the Director of National Intelligence the Secretary of Defense and the Secretary of Homeland Security in a manner and format determined by the Commission regarding any such revisions amendments or new recommendations and ‘‘ vi concluding its activities including providing testimony to Congress concerning the final report referred to in that paragraph and disseminating the report ’’ and C by adding at the end the following new subparagraph ‘‘ C If the Commission is extended and the effective date of such extension is after the date on which the Commission terminated the Commission shall be deemed reconstituted with the same members and powers that existed on the day before such termination date except that— ‘‘ i a member of the Commission may serve only if the member’s position continues to be authorized under subsection b H R 6395—705 ‘‘ ii no compensation or entitlements relating to a person’s status with the Commission shall be due for the period between the termination and reconstitution of the Commission ‘‘ iii nothing in this subparagraph may be construed as requiring the extension or reemployment of any staff member or contractor working for the Commission ‘‘ iv the staff of the Commission shall be— ‘‘ I selected by the co-chairs of the Commission in accordance with subsection h 1 ‘‘ II comprised of not more than four individuals including a staff director and ‘‘ III resourced in accordance with subsection g 4 A ‘‘ v with the approval of the co-chairs may be provided by contract with a nongovernmental organization ‘‘ vi any unexpended funds made available for the use of the Commission shall continue to be available for use for the life of the Commission as well as any additional funds appropriated to the Department of Defense that are made available to the Commission provided that the total such funds does not exceed $1 000 000 from the reconstitution of the Commission to the completion of the Commission and ‘‘ vii the requirement for an assessment of the final report in subsection l shall be updated to require every ten months for a period of 20 months further assessments of the Federal Government’s responses to the Commission’s recommendations contained in such final report ’’ SEC 1715 ESTABLISHMENT IN DEPARTMENT OF HOMELAND SECURITY OF JOINT CYBER PLANNING OFFICE a AMENDMENT —Subtitle A of title XXII of the Homeland Security Act of 2002 6 U S C 651 et seq is amended by adding at the end the following new section ‘‘SEC 2215 JOINT CYBER PLANNING OFFICE ‘‘ a ESTABLISHMENT OF OFFICE —There is established in the Agency an office for joint cyber planning in this section referred to as the ‘Office’ to develop for public and private sector entities plans for cyber defense operations including the development of a set of coordinated actions to protect detect respond to and recover from cybersecurity risks or incidents or limit mitigate or defend against coordinated malicious cyber operations that pose a potential risk to critical infrastructure or national interests The Office shall be headed by a senior official of the Agency selected by the Director ‘‘ b PLANNING AND EXECUTION —In leading the development of plans for cyber defense operations pursuant to subsection a the head of the Office shall— ‘‘ 1 coordinate with relevant Federal departments and agencies to establish processes and procedures necessary to develop and maintain ongoing coordinated plans for cyber defense operations H R 6395—706 ‘‘ 2 leverage cyber capabilities and authorities of participating Federal departments and agencies as appropriate in furtherance of plans for cyber defense operations ‘‘ 3 ensure that plans for cyber defense operations are to the greatest extent practicable developed in collaboration with relevant private sector entities particularly in areas in which such entities have comparative advantages in limiting mitigating or defending against a cybersecurity risk or incident or coordinated malicious cyber operation ‘‘ 4 ensure that plans for cyber defense operations as appropriate are responsive to potential adversary activity conducted in response to United States offensive cyber operations ‘‘ 5 facilitate the exercise of plans for cyber defense operations including by developing and modeling scenarios based on an understanding of adversary threats to vulnerability of and potential consequences of disruption or compromise of critical infrastructure ‘‘ 6 coordinate with and as necessary support relevant Federal departments and agencies in the establishment of procedures development of additional plans including for offensive and intelligence activities in support of cyber defense operations and creation of agreements necessary for the rapid execution of plans for cyber defense operations when a cybersecurity risk or incident or malicious cyber operation has been identified and ‘‘ 7 support public and private sector entities as appropriate in the execution of plans developed pursuant to this section ‘‘ c COMPOSITION —The Office shall be composed of— ‘‘ 1 a central planning staff and ‘‘ 2 appropriate representatives of Federal departments and agencies including— ‘‘ A the Department ‘‘ B United States Cyber Command ‘‘ C the National Security Agency ‘‘ D the Federal Bureau of Investigation ‘‘ E the Department of Justice and ‘‘ F the Office of the Director of National Intelligence ‘‘ d CONSULTATION —In carrying out its responsibilities described in subsection b the Office shall regularly consult with appropriate representatives of non-Federal entities such as— ‘‘ 1 State local federally-recognized Tribal and territorial governments ‘‘ 2 information sharing and analysis organizations including information sharing and analysis centers ‘‘ 3 owners and operators of critical information systems ‘‘ 4 private entities and ‘‘ 5 other appropriate representatives or entities as determined by the Secretary ‘‘ e INTERAGENCY AGREEMENTS —The Secretary and the head of a Federal department or agency referred to in subsection c may enter into agreements for the purpose of detailing personnel on a reimbursable or non-reimbursable basis ‘‘ f DEFINITIONS —In this section ‘‘ 1 CYBER DEFENSE OPERATION —The term ‘cyber defense operation’ means defensive activities performed for a cybersecurity purpose H R 6395—707 ‘‘ 2 CYBERSECURITY PURPOSE —The term ‘cybersecurity purpose’ has the meaning given such term in section 102 of the Cybersecurity Act of 2015 contained in division N of the Consolidated Appropriations Act 2016 Public Law 114–113 6 U S C 1501 ‘‘ 3 CYBERSECURITY RISK INCIDENT —The terms ‘cybersecurity risk’ and ‘incident’ have the meanings given such terms in section 2209 ‘‘ 4 INFORMATION SHARING AND ANALYSIS ORGANIZATION — The term ‘information sharing and analysis organization’ has the meaning given such term in section 2222 5 ’’ b TECHNICAL AND CONFORMING AMENDMENT —The table of contents in section 1 b of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2214 the following new item ‘‘Sec 2215 Joint cyber planning office ’’ SEC 1716 SUBPOENA AUTHORITY a IN GENERAL —Section 2209 of the Homeland Security Act of 2002 6 U S C 659 is amended— 1 in subsection a — A by redesignating paragraphs 1 through 6 as paragraphs 2 through 7 respectively B by inserting before paragraph 2 as so redesignated the following new paragraph ‘‘ 1 the term ‘cybersecurity purpose’ has the meaning given that term in section 102 of the Cybersecurity Information Sharing Act of 2015 6 U S C 1501 ’’ C in paragraph 6 as so redesignated by striking ‘‘and’’ at the end D by redesignating paragraph 7 as so redesignated as paragraph 8 and E by inserting after paragraph 6 as so redesignated the following new paragraph ‘‘ 7 the term ‘security vulnerability’ has the meaning given that term in section 102 of the Cybersecurity Information Sharing Act of 2015 6 U S C 1501 and’’ 2 in subsection c — A in paragraph 10 by striking ‘‘and’’ at the end B in paragraph 11 by striking the period at the end and inserting ‘‘ and’’ and C by adding at the end the following new paragraph ‘‘ 12 detecting identifying and receiving information for a cybersecurity purpose about security vulnerabilities relating to critical infrastructure in information systems and devices ’’ and 3 by adding at the end the following new subsection ‘‘ o SUBPOENA AUTHORITY — ‘‘ 1 DEFINITION —In this subsection the term ‘covered device or system’— ‘‘ A means a device or system commonly used to perform industrial commercial scientific or governmental functions or processes that relate to critical infrastructure including operational and industrial control systems distributed control systems and programmable logic controllers and H R 6395—708 ‘‘ B does not include personal devices and systems such as consumer mobile devices home computers residential wireless routers or residential internet enabled consumer devices ‘‘ 2 AUTHORITY — ‘‘ A IN GENERAL —If the Director identifies a system connected to the internet with a specific security vulnerability and has reason to believe such security vulnerability relates to critical infrastructure and affects a covered device or system and the Director is unable to identify the entity at risk that owns or operates such covered device or system the Director may issue a subpoena for the production of information necessary to identify and notify such entity at risk in order to carry out a function authorized under subsection c 12 ‘‘ B LIMIT ON INFORMATION —A subpoena issued pursuant to subparagraph A may seek information— ‘‘ i only in the categories set forth in subparagraphs A B D and E of section 2703 c 2 of title 18 United States Code and ‘‘ ii for not more than 20 covered devices or systems ‘‘ C LIABILITY PROTECTIONS FOR DISCLOSING PROVIDERS —The provisions of section 2703 e of title 18 United States Code shall apply to any subpoena issued pursuant to subparagraph A ‘‘ 3 COORDINATION — ‘‘ A IN GENERAL —If the Director exercises the subpoena authority under this subsection and in the interest of avoiding interference with ongoing law enforcement investigations the Director shall coordinate the issuance of any such subpoena with the Department of Justice including the Federal Bureau of Investigation pursuant to interagency procedures which the Director in coordination with the Attorney General shall develop not later than 60 days after the date of the enactment of this subsection ‘‘ B CONTENTS —The inter-agency procedures developed under this paragraph shall provide that a subpoena issued by the Director under this subsection shall be— ‘‘ i issued to carry out a function described in subsection c 12 and ‘‘ ii subject to the limitations specified in this subsection ‘‘ 4 NONCOMPLIANCE —If any person partnership corporation association or entity fails to comply with any duly served subpoena issued pursuant to this subsection the Director may request that the Attorney General seek enforcement of such subpoena in any judicial district in which such person partnership corporation association or entity resides is found or transacts business ‘‘ 5 NOTICE —Not later than seven days after the date on which the Director receives information obtained through a subpoena issued pursuant to this subsection the Director shall notify any entity identified by information obtained pursuant to such subpoena regarding such subpoena and the identified vulnerability H R 6395—709 ‘‘ 6 AUTHENTICATION — ‘‘ A IN GENERAL —Any subpoena issued pursuant to this subsection shall be authenticated with a cryptographic digital signature of an authorized representative of the Agency or other comparable successor technology that allows the Agency to demonstrate that such subpoena was issued by the Agency and has not been altered or modified since such issuance ‘‘ B INVALID IF NOT AUTHENTICATED —Any subpoena issued pursuant to this subsection that is not authenticated in accordance with subparagraph A shall not be considered to be valid by the recipient of such subpoena ‘‘ 7 PROCEDURES —Not later than 90 days after the date of the enactment of this subsection the Director shall establish internal procedures and associated training applicable to employees and operations of the Agency regarding subpoenas issued pursuant to this subsection which shall address the following ‘‘ A The protection of and restriction on dissemination of nonpublic information obtained through such a subpoena including a requirement that the Agency not disseminate nonpublic information obtained through such a subpoena that identifies the party that is subject to such subpoena or the entity at risk identified by information obtained except that the Agency may share the nonpublic information with the Department of Justice for the purpose of enforcing such subpoena in accordance with paragraph 4 and may share with a Federal agency the nonpublic information of the entity at risk if— ‘‘ i the Agency identifies or is notified of a cybersecurity incident involving such entity which relates to the vulnerability which led to the issuance of such subpoena ‘‘ ii the Director determines that sharing the nonpublic information with another Federal department or agency is necessary to allow such department or agency to take a law enforcement or national security action consistent with the interagency procedures under paragraph 3 A or actions related to mitigating or otherwise resolving such incident ‘‘ iii the entity to which the information pertains is notified of the Director’s determination to the extent practicable consistent with national security or law enforcement interests consistent with such interagency procedures and ‘‘ iv the entity consents except that the entity’s consent shall not be required if another Federal department or agency identifies the entity to the Agency in connection with a suspected cybersecurity incident ‘‘ B The restriction on the use of information obtained through such a subpoena for a cybersecurity purpose ‘‘ C The retention and destruction of nonpublic information obtained through such a subpoena including— ‘‘ i destruction of such information that the Director determines is unrelated to critical infrastructure immediately upon providing notice to the entity pursuant to paragraph 5 and H R 6395—710 ‘‘ ii destruction of any personally identifiable information not later than 6 months after the date on which the Director receives information obtained through such a subpoena unless otherwise agreed to by the individual identified by the subpoena respondent ‘‘ D The processes for providing notice to each party that is subject to such a subpoena and each entity identified by information obtained under such a subpoena ‘‘ E The processes and criteria for conducting critical infrastructure security risk assessments to determine whether a subpoena is necessary prior to being issued pursuant to this subsection ‘‘ F The information to be provided to an entity at risk at the time of the notice of the vulnerability which shall include— ‘‘ i a discussion or statement that responding to or subsequent engagement with the Agency is voluntary and ‘‘ ii to the extent practicable information regarding the process through which the Director identifies security vulnerabilities ‘‘ 8 LIMITATION ON PROCEDURES —The internal procedures established pursuant to paragraph 7 may not require an owner or operator of critical infrastructure to take any action as a result of a notice of vulnerability made pursuant to this Act ‘‘ 9 REVIEW OF PROCEDURES —Not later than 1 year after the date of the enactment of this subsection the Privacy Officer of the Agency shall— ‘‘ A review the internal procedures established pursuant to paragraph 7 to ensure that— ‘‘ i such procedures are consistent with fair information practices and ‘‘ ii the operations of the Agency comply with such procedures and ‘‘ B notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives of the results of the review under subparagraph A ‘‘ 10 PUBLICATION OF INFORMATION —Not later than 120 days after establishing the internal procedures under paragraph 7 the Director shall publish information on the website of the Agency regarding the subpoena process under this subsection including information regarding the following ‘‘ A Such internal procedures ‘‘ B The purpose for subpoenas issued pursuant to this subsection ‘‘ C The subpoena process ‘‘ D The criteria for the critical infrastructure security risk assessment conducted prior to issuing a subpoena ‘‘ E Policies and procedures on retention and sharing of data obtained by subpoenas ‘‘ F Guidelines on how entities contacted by the Director may respond to notice of a subpoena H R 6395—711 ‘‘ 11 ANNUAL REPORTS —The Director shall annually submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report which may include a classified annex but with the presumption of declassification on the use of subpoenas issued pursuant to this subsection which shall include the following ‘‘ A A discussion of the following ‘‘ i The effectiveness of the use of such subpoenas to mitigate critical infrastructure security vulnerabilities ‘‘ ii The critical infrastructure security risk assessment process conducted for subpoenas issued under this subsection ‘‘ iii The number of subpoenas so issued during the preceding year ‘‘ iv To the extent practicable the number of vulnerable covered devices or systems mitigated under this subsection by the Agency during the preceding year ‘‘ v The number of entities notified by the Director under this subsection and their responses during the preceding year ‘‘ B For each subpoena issued pursuant to this subsection the following ‘‘ i Information relating to the source of the security vulnerability detected identified or received by the Director ‘‘ ii Information relating to the steps taken to identify the entity at risk prior to issuing the subpoena ‘‘ iii A description of the outcome of the subpoena including discussion on the resolution or mitigation of the critical infrastructure security vulnerability ‘‘ 12 PUBLICATION OF THE ANNUAL REPORTS —The Director shall publish a version of the annual report required under paragraph 11 on the website of the Agency which shall at a minimum include the findings described in clauses iii iv and v of subparagraph A of such paragraph ‘‘ 13 PROHIBITION ON USE OF INFORMATION FOR UNAUTHORIZED PURPOSES —Any information obtained pursuant to a subpoena issued under this subsection may not be provided to any other Federal department or agency for any purpose other than a cybersecurity purpose or for the purpose of enforcing a subpoena issued pursuant to this subsection ’’ b RULES OF CONSTRUCTION — 1 PROHIBITION ON NEW REGULATORY AUTHORITY —Nothing in this section or the amendments made by this section may be construed to grant the Secretary of Homeland Security or the head of any another Federal agency or department any authority to promulgate regulations or set standards relating to the cybersecurity of private sector critical infrastructure that was not in effect on the day before the date of the enactment of this Act 2 PRIVATE ENTITIES —Nothing in this section or the amendments made by this section may be construed to require any private entity to— H R 6395—712 A request assistance from the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security or B implement any measure or recommendation suggested by the Director SEC 1717 CYBERSECURITY STATE COORDINATOR a CYBERSECURITY STATE COORDINATOR — 1 IN GENERAL —Subtitle A of title XXII of the Homeland Security Act of 2002 6 U S C 651 et seq is amended— A in section 2202 c 6 U S C 652 c — i in paragraph 10 by striking ‘‘and’’ at the end ii by redesignating paragraph 11 as paragraph 12 and iii by inserting after paragraph 10 the following ‘‘ 11 appoint a Cybersecurity State Coordinator in each State as described in section 2215 and’’ and B by adding at the end the following new section ‘‘SEC 2215 CYBERSECURITY STATE COORDINATOR ‘‘ a APPOINTMENT —The Director shall appoint an employee of the Agency in each State with the appropriate cybersecurity qualifications and expertise who shall serve as the Cybersecurity State Coordinator ‘‘ b DUTIES —The duties of a Cybersecurity State Coordinator appointed under subsection a shall include— ‘‘ 1 building strategic public and on a voluntary basis private sector relationships including by advising on establishing governance structures to facilitate the development and maintenance of secure and resilient infrastructure ‘‘ 2 serving as the Federal cybersecurity risk advisor and supporting preparation response and remediation efforts relating to cybersecurity risks and incidents ‘‘ 3 facilitating the sharing of cyber threat information to improve understanding of cybersecurity risks and situational awareness of cybersecurity incidents ‘‘ 4 raising awareness of the financial technical and operational resources available from the Federal Government to non-Federal entities to increase resilience against cyber threats ‘‘ 5 supporting training exercises and planning for continuity of operations to expedite recovery from cybersecurity incidents including ransomware ‘‘ 6 serving as a principal point of contact for non-Federal entities to engage on a voluntary basis with the Federal Government on preparing managing and responding to cybersecurity incidents ‘‘ 7 assisting non-Federal entities in developing and coordinating vulnerability disclosure programs consistent with Federal and information security industry standards ‘‘ 8 assisting State local Tribal and territorial governments on a voluntary basis in the development of State cybersecurity plans ‘‘ 9 coordinating with appropriate officials within the Agency and ‘‘ 10 performing such other duties as determined necessary by the Director to achieve the goal of managing cybersecurity H R 6395—713 risks in the United States and reducing the impact of cyber threats to non-Federal entities ‘‘ c FEEDBACK —The Director shall consult with relevant State local Tribal and territorial officials regarding the appointment and State local Tribal and territorial officials and other nonFederal entities regarding the performance of the Cybersecurity State Coordinator of a State ’’ 2 COORDINATION PLAN —Not later than 60 days after the date of the enactment of this Act the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall establish and submit to the Committee on Homeland Security and Governmental Affairs in the Senate and the Committee on Homeland Security in the House of Representatives a plan describing the reporting structure and coordination processes and procedures of Cybersecurity State Coordinators within the Cybersecurity and Infrastructure Security Agency under section 2215 of the Homeland Security Act of 2002 as added by paragraph 1 B 3 OVERSIGHT —The Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a briefing on the placement and efficacy of the Cybersecurity State Coordinators appointed under section 2215 of the Homeland Security Act of 2002 as added by paragraph 1 B and the coordination plan required under paragraph 2 — A not later than one year after the date of enactment of this Act and B not later than two years after providing the first briefing under this paragraph 4 RULE OF CONSTRUCTION —Nothing in this subsection or the amendments made by this subsection may be construed to affect or otherwise modify the authority of Federal law enforcement agencies with respect to investigations relating to cybersecurity incidents 5 CLERICAL AMENDMENT —The table of contents in section 1 b of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2214 the following new item ‘‘Sec 2215 Cybersecurity State Coordinator ’’ b STAKEHOLDER OUTREACH AND OPERATIONAL ENGAGEMENT STRATEGY AND IMPLEMENTATION PLAN — 1 STRATEGY —Not later than one year after the date of the enactment of this Act the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall issue a strategy and subsequent implementation plan to improve stakeholder outreach and operational engagement including the Agency’s strategic and operational goals and priorities for carrying out stakeholder engagement activities 2 CONTENTS —The stakeholder outreach and operational engagement strategy and implementation plan issued pursuant to paragraph 1 shall include the following A A catalogue of the stakeholder engagement services delivered by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security including H R 6395—714 the regions of the stakeholder services delivered and the critical infrastructure sectors as such term is defined in section 2001 3 of the Homeland Security Act of 2002 6 U S C 601 3 involved B An assessment of the capacity of programs of the Agency to deploy personnel including the adequacy of such personnel to meet service requests and the ability of such personnel to engage with and deliver services to stakeholders in urban suburban and rural areas C Long-term objectives of such personnel including training of the workforce to optimize the capabilities of such programs and capacity goals D A description of programs policies and activities used to carry out such stakeholder engagement services under subparagraph A E Resources and personnel necessary to effectively support critical infrastructure owners and operators and as appropriate other entities including non-profit organizations based on current and projected demand for Agency services F Guidance on how outreach to critical infrastructure owners and operators in a region should be prioritized G Plans to ensure that stakeholder engagement personnel of the Agency have a clear understanding of expectations for engagement within each critical infrastructure sector and subsector whether during steady state or surge capacity H Metrics for measuring how effective stakeholder engagement services under subparagraph A are at furthering the Agency’s strategic and operational goals and priorities I Mechanisms to track regional engagement by personnel of the Agency with critical infrastructure owners and operators and how frequently such engagement takes place J Plans for awareness campaigns to familiarize critical infrastructure owners and operators with security resources and support offered by the Cybersecurity and Infrastructure Security Agency K A description of how to prioritize engagement with critical infrastructure sectors based on threat information and the capacity of such sectors to mitigate such threats L Projected timelines benchmarks and resource requirements to implement the Agency’s strategic goals and priorities 3 STAKEHOLDER INPUT —In issuing the stakeholder outreach and operational engagement strategy required under paragraph 1 the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall to the extent practicable solicit input from stakeholders representing the following A Each of the critical infrastructure sectors B Critical infrastructure owners and operators located in each region in which the Agency maintains a field office 4 OVERSIGHT —Upon issuance of the stakeholder outreach and operational engagement strategy and implementation plan required under paragraph 1 the Director of the Cybersecurity H R 6395—715 and Infrastructure Security Agency of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate such strategy and plan together with any associated legislative or budgetary proposals relating thereto SEC 1718 CYBERSECURITY ADVISORY COMMITTEE a IN GENERAL —Subtitle A of title XXII of the Homeland Security Act of 2002 6 U S C 651 et seq as amended by section 1715 of this Act is further amended by adding at the end the following new section ‘‘SEC 2216 CYBERSECURITY ADVISORY COMMITTEE ‘‘ a ESTABLISHMENT —The Secretary shall establish within the Agency a Cybersecurity Advisory Committee referred to in this section as the ‘Advisory Committee’ ‘‘ b DUTIES — ‘‘ 1 IN GENERAL —The Advisory Committee shall advise consult with report to and make recommendations to the Director as appropriate on the development refinement and implementation of policies programs planning and training pertaining to the cybersecurity mission of the Agency ‘‘ 2 RECOMMENDATIONS — ‘‘ A IN GENERAL —The Advisory Committee shall develop at the request of the Director recommendations for improvements to advance the cybersecurity mission of the Agency and strengthen the cybersecurity of the United States ‘‘ B RECOMMENDATIONS OF SUBCOMMITTEES —Recommendations agreed upon by subcommittees established under subsection d for any year shall be approved by the Advisory Committee before the Advisory Committee submits to the Director the annual report under paragraph 4 for that year ‘‘ 3 PERIODIC REPORTS —The Advisory Committee shall periodically submit to the Director— ‘‘ A reports on matters identified by the Director and ‘‘ B reports on other matters identified by a majority of the members of the Advisory Committee ‘‘ 4 ANNUAL REPORT — ‘‘ A IN GENERAL —The Advisory Committee shall submit to the Director an annual report providing information on the activities findings and recommendations of the Advisory Committee including its subcommittees for the preceding year ‘‘ B PUBLICATION —Not later than 180 days after the date on which the Director receives an annual report for a year under subparagraph A the Director shall publish a public version of the report describing the activities of the Advisory Committee and such related matters as would be informative to the public during that year consistent with section 552 b of title 5 United States Code ‘‘ 5 FEEDBACK —Not later than 90 days after receiving any recommendation submitted by the Advisory Committee under paragraph 2 3 or 4 the Director shall respond in writing to the Advisory Committee with feedback on the recommendation Such a response shall include— H R 6395—716 ‘‘ A with respect to any recommendation with which the Director concurs an action plan to implement the recommendation and ‘‘ B with respect to any recommendation with which the Director does not concur a justification for why the Director does not plan to implement the recommendation ‘‘ 6 CONGRESSIONAL NOTIFICATION —Not less frequently than once per year after the date of enactment of this section the Director shall provide to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a briefing on feedback from the Advisory Committee ‘‘ 7 GOVERNANCE RULES —The Director shall establish rules for the structure and governance of the Advisory Committee and all subcommittees established under subsection d ‘‘ c MEMBERSHIP — ‘‘ 1 APPOINTMENT — ‘‘ A IN GENERAL —Not later than 180 days after the date of enactment of the Cybersecurity Advisory Committee Authorization Act of 2020 the Director shall appoint the members of the Advisory Committee ‘‘ B COMPOSITION —The membership of the Advisory Committee shall consist of not more than 35 individuals ‘‘ C REPRESENTATION — ‘‘ i IN GENERAL —The membership of the Advisory Committee shall satisfy the following criteria ‘‘ I Consist of subject matter experts ‘‘ II Be geographically balanced ‘‘ III Include representatives of State local and Tribal governments and of a broad range of industries which may include the following ‘‘ aa Defense ‘‘ bb Education ‘‘ cc Financial services and insurance ‘‘ dd Healthcare ‘‘ ee Manufacturing ‘‘ ff Media and entertainment ‘‘ gg Chemicals ‘‘ hh Retail ‘‘ ii Transportation ‘‘ jj Energy ‘‘ kk Information Technology ‘‘ ll Communications ‘‘ mm Other relevant fields identified by the Director ‘‘ ii PROHIBITION —Not fewer than one member nor more than three members may represent any one category under clause i III ‘‘ iii PUBLICATION OF MEMBERSHIP LIST —The Advisory Committee shall publish its membership list on a publicly available website not less than once per fiscal year and shall update the membership list as changes occur ‘‘ 2 TERM OF OFFICE — H R 6395—717 ‘‘ A TERMS —The term of each member of the Advisory Committee shall be two years except that a member may continue to serve until a successor is appointed ‘‘ B REMOVAL —The Director may review the participation of a member of the Advisory Committee and remove such member any time at the discretion of the Director ‘‘ C REAPPOINTMENT —A member of the Advisory Committee may be reappointed for an unlimited number of terms ‘‘ 3 PROHIBITION ON COMPENSATION —The members of the Advisory Committee may not receive pay or benefits from the United States Government by reason of their service on the Advisory Committee ‘‘ 4 MEETINGS — ‘‘ A IN GENERAL —The Director shall require the Advisory Committee to meet not less frequently than semiannually and may convene additional meetings as necessary ‘‘ B PUBLIC MEETINGS —At least one of the meetings referred to in subparagraph A shall be open to the public ‘‘ C ATTENDANCE —The Advisory Committee shall maintain a record of the persons present at each meeting ‘‘ 5 MEMBER ACCESS TO CLASSIFIED INFORMATION — ‘‘ A IN GENERAL —Not later than 60 days after the date on which a member is first appointed to the Advisory Committee and before the member is granted access to any classified information the Director shall determine for the purposes of the Advisory Committee if the member should be restricted from reviewing discussing or possessing classified information ‘‘ B ACCESS —Access to classified materials shall be managed in accordance with Executive Order No 13526 of December 29 2009 75 Fed Reg 707 or any subsequent corresponding Executive Order ‘‘ C PROTECTIONS —A member of the Advisory Committee shall protect all classified information in accordance with the applicable requirements for the particular level of classification of such information ‘‘ D RULE OF CONSTRUCTION —Nothing in this paragraph shall be construed to affect the security clearance of a member of the Advisory Committee or the authority of a Federal agency to provide a member of the Advisory Committee access to classified information ‘‘ 6 CHAIRPERSON —The Advisory Committee shall select from among the members of the Advisory Committee— ‘‘ A a member to serve as chairperson of the Advisory Committee and ‘‘ B a member to serve as chairperson of each subcommittee of the Advisory Committee established under subsection d ‘‘ d SUBCOMMITTEES — ‘‘ 1 IN GENERAL —The Director shall establish subcommittees within the Advisory Committee to address cybersecurity issues which may include the following ‘‘ A Information exchange ‘‘ B Critical infrastructure ‘‘ C Risk management H R 6395—718 ‘‘ D Public and private partnerships ‘‘ 2 MEETINGS AND REPORTING —Each subcommittee shall meet not less frequently than semiannually and submit to the Advisory Committee for inclusion in the annual report required under subsection b 4 information including activities findings and recommendations regarding subject matter considered by the subcommittee ‘‘ 3 SUBJECT MATTER EXPERTS —The chair of the Advisory Committee shall appoint members to subcommittees and shall ensure that each member appointed to a subcommittee has subject matter expertise relevant to the subject matter of the subcommittee ’’ b CLERICAL AMENDMENT —The table of contents in section 1 b of the Homeland Security Act of 2002 Public Law 107–296 116 Stat 2135 as so amended is further amended by inserting after the item relating to section 2215 the following new item ‘‘Sec 2216 Cybersecurity Advisory Committee ’’ SEC 1719 CYBERSECURITY EDUCATION AND TRAINING ASSISTANCE PROGRAM a AUTHORITIES —Section 2202 e 1 of the Homeland Security Act of 2002 6 U S C 652 e 1 is amended by adding at the end the following new subparagraph ‘‘ R To encourage and build cybersecurity awareness and competency across the United States and to develop attract and retain the cybersecurity workforce necessary for the cybersecurity related missions of the Department including by— ‘‘ i overseeing elementary and secondary cybersecurity education and awareness related programs at the Agency ‘‘ ii leading efforts to develop attract and retain the cybersecurity workforce necessary for the cybersecurity related missions of the Department ‘‘ iii encouraging and building cybersecurity awareness and competency across the United States and ‘‘ iv carrying out cybersecurity related workforce development activities including through— ‘‘ I increasing the pipeline of future cybersecurity professionals through programs focused on elementary and secondary education postsecondary education and workforce development and ‘‘ II building awareness of and competency in cybersecurity across the civilian Federal Government workforce ’’ b EDUCATION TRAINING AND CAPACITY DEVELOPMENT —Section 2202 c of the Homeland Security Act of 2002 6 U S C 652 c is amended— 1 in paragraph 10 by striking ‘‘and’’ at the end 2 by redesignating paragraph 11 as paragraph 12 and 3 by inserting after paragraph 10 the following new paragraph ‘‘ 11 provide education training and capacity development to Federal and non-Federal entities to enhance the security H R 6395—719 and resiliency of domestic and global cybersecurity and infrastructure security and’’ c ESTABLISHMENT OF TRAINING PROGRAMS —Subtitle A of title XXII of the Homeland Security Act of 2002 6 U S C 651 et seq as amended by sections 1715 and 1718 of this Act is further amended by adding at the end the following new section ‘‘SEC 2217 CYBERSECURITY EDUCATION AND TRAINING PROGRAMS ‘‘ a ESTABLISHMENT — ‘‘ 1 IN GENERAL —The Cybersecurity Education and Training Assistance Program referred to in this section as ‘CETAP’ is established within the Agency ‘‘ 2 PURPOSE —The purpose of CETAP shall be to support the effort of the Agency in building and strengthening a national cybersecurity workforce pipeline capacity through enabling elementary and secondary cybersecurity education including by— ‘‘ A providing foundational cybersecurity awareness and literacy ‘‘ B encouraging cybersecurity career exploration and ‘‘ C supporting the teaching of cybersecurity skills at the elementary and secondary education levels ‘‘ b REQUIREMENTS —In carrying out CETAP the Director shall— ‘‘ 1 ensure that the program— ‘‘ A creates and disseminates cybersecurity-focused curricula and career awareness materials appropriate for use at the elementary and secondary education levels ‘‘ B conducts professional development sessions for teachers ‘‘ C develops resources for the teaching of cybersecurity-focused curricula described in subparagraph A ‘‘ D provides direct student engagement opportunities through camps and other programming ‘‘ E engages with State educational agencies and local educational agencies to promote awareness of the program and ensure that offerings align with State and local curricula ‘‘ F integrates with existing post-secondary education and workforce development programs at the Department ‘‘ G promotes and supports national standards for elementary and secondary cyber education ‘‘ H partners with cybersecurity and education stakeholder groups to expand outreach and ‘‘ I any other activity the Director determines necessary to meet the purpose described in subsection a 2 and ‘‘ 2 enable the deployment of CETAP nationwide with special consideration for underserved populations or communities ‘‘ c BRIEFINGS — ‘‘ 1 IN GENERAL —Not later than 1 year after the establishment of CETAP and annually thereafter the Secretary shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the program H R 6395—720 ‘‘ 2 CONTENTS —Each briefing conducted under paragraph 1 shall include— ‘‘ A estimated figures on the number of students reached and teachers engaged ‘‘ B information on outreach and engagement efforts including the activities described in subsection b 1 E ‘‘ C information on new curricula offerings and teacher training platforms and ‘‘ D information on coordination with post-secondary education and workforce development programs at the Department ‘‘ d MISSION PROMOTION —The Director may use appropriated amounts to purchase promotional and recognition items and marketing and advertising services to publicize and promote the mission and services of the Agency support the activities of the Agency and to recruit and retain Agency personnel ’’ d CLERICAL AMENDMENT —The table of contents in section 1 b of the Homeland Security Act of 2002 as so amended is further amended by inserting after the item relating to section 2216 the following new item ‘‘Sec 2217 Cybersecurity Education and Training Programs ’’ SEC 1720 FRAMEWORK FOR CYBER HUNT FORWARD OPERATIONS a FRAMEWORK REQUIRED —Not later than April 1 2021 the Secretary of Defense shall develop a standard comprehensive framework to enhance the consistency execution and effectiveness of cyber hunt forward operations b ELEMENTS —The framework developed pursuant to subsection a shall include the following 1 Identification of the selection criteria for proposed cyber hunt forward operations including specification of necessary thresholds for the justification of operations and thresholds for partner cooperation 2 The roles and responsibilities of the following organizations in the support of the planning and execution of cyber hunt forward operations A United States Cyber Command B Service cyber components C The Office of the Under Secretary of Defense for Policy D Geographic combatant commands E Cyber Operations-Integrated Planning Elements and Joint Cyber Centers F Embassies and consulates of the United States 3 Pre-deployment planning guidelines to maximize the operational success of each unique operation including guidance that takes into account the highly variable nature of the following aspects at the tactical level A Team composition including necessary skillsets recommended training and guidelines on team size and structure B Relevant factors to determine mission duration in a country of interest C Agreements with partner countries required predeployment D Criteria for potential follow-on operations H R 6395—721 E Equipment and infrastructure required to support the missions 4 Metrics to measure the effectiveness of each operation including means to evaluate the value of discovered malware and infrastructure the effect on the adversary and the potential for future engagements with the partner country 5 Roles and responsibilities for United States Cyber Command and the National Security Agency in the analysis of relevant mission data 6 A detailed description of counterintelligence support for cyber hunt forward operations 7 A standardized force presentation model across service components and combatant commands 8 Review of active and reserve component personnel policies to account for deployment and redeployment operations including the following A Global Force Management B Contingency Exercise and Deployment orders to be considered for and applied towards deployment credit and benefits 9 Such other matters as the Secretary determines relevant c BRIEFING — 1 IN GENERAL —Not later than May 1 2021 the Secretary of Defense shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the framework developed pursuant to subsection a 2 CONTENTS —The briefing required by paragraph 1 shall include the following A An overview of the framework developed pursuant to subsection a B An explanation of the tradeoffs associated with the use of Department of Defense resources for cyber hunt forward missions in the context of competing priorities C Such recommendations as the Secretary may have for legislative action to improve the effectiveness of cyber hunt forward missions SEC 1721 RATIONALIZATION AND INTEGRATION OF PARALLEL CYBERSECURITY ARCHITECTURES AND OPERATIONS a REVIEW REQUIRED —The Commander of United States Cyber Command with support from the Chief Information Officer of the Department of Defense the Chief Data Officer of the Department the Principal Cyber Advisor the Vice Chairman of the Joint Chiefs of Staff and the Director of Cost Analysis and Program Evaluation as well as the Principal Cyber Advisors and the Chief Information Officers of the military services shall conduct a review of the Cybersecurity Service Provider and Cyber Mission Force enterprises b ASSESSMENT AND IDENTIFICATION OF REDUNDANCIES AND GAPS —The review required by subsection a shall assess and identify— 1 the optimal way to integrate the Joint Cyber Warfighting Architecture and the Cybersecurity Service Provider architectures associated tools and capabilities and associated concepts of operations H R 6395—722 2 redundancies and gaps in network sensor deployment and data collection and analysis for the— A Big Data Platform B Joint Regional Security Stacks and C Security Information and Event Management capabilities 3 where integration collaboration and interoperability are not occurring that would improve outcomes 4 baseline training capabilities competencies operational responsibilities and joint concepts of operations for the Joint Force Headquarters for the Department of Defense Information Network Cybersecurity Service Providers and Cyber Protection Teams 5 the roles and responsibilities of the Principal Cyber Advisor Chief Information Officer and the Commander of United States Cyber Command in establishing and overseeing the baselines assessed and identified under paragraph 4 6 the optimal command structure for the military services’ and combatant commands’ cybersecurity service providers and cyber protection teams 7 the responsibilities of network owners and cybersecurity service providers in mapping configuring instrumenting and deploying sensors on networks to best support response of cyber protection teams when assigned to defend unfamiliar networks and 8 operational concepts and engineering changes to enhance remote access and operations of cyber protection teams on networks through tools and capabilities of the Cybersecurity Service Providers c RECOMMENDATIONS FOR FISCAL YEAR 2023 BUDGET —The Chief Information Officer the Chief Data Officer the Commander of United States Cyber Command and the Principal Cyber Advisor shall jointly develop recommendations for the Secretary of Defense in preparation of the budget justification materials to be submitted to Congress in support of the budget for the Department of Defense for fiscal year 2023 as submitted with the budget of the President for such fiscal year under section 1105 a of title 31 United States Code d PROGRESS BRIEFING —Not later than March 31 2021 the Chief Information Officer the Chief Data Officer the Commander of United States Cyber Command and the Principal Cyber Advisor shall jointly provide a briefing to the congressional defense committees on the progress made in carrying out this section SEC 1722 ASSESSING RISK TO NATIONAL SECURITY OF QUANTUM COMPUTING a COMPREHENSIVE ASSESSMENT AND RECOMMENDATIONS REQUIRED —Not later than December 31 2021 the Secretary of Defense shall— 1 complete a comprehensive assessment of the current and potential threats and risks posed by quantum computing technologies to critical national security systems including— A an identification and prioritization of critical national security systems at risk B an assessment of the standards of the National Institute of Standards and Technology for quantum resistant cryptography and the applicability of such standards H R 6395—723 to cryptographic requirements of the Department of Defense C an assessment of the feasibility of alternate quantum-resistant algorithms and features and D a description of any funding shortfalls in public and private developmental efforts relating to quantum resistant cryptography standards and models and 2 develop recommendations for research development and acquisition activities including resourcing schedules for securing the critical national security systems identified pursuant to paragraph 1 A against quantum computing codebreaking capabilities b BRIEFING —Not later than February 1 2022 the Secretary shall brief the congressional defense committees on the assessment completed under paragraph 1 of subsection a and the recommendations developed under paragraph 2 of such subsection SEC 1723 TAILORED CYBERSPACE OPERATIONS ORGANIZATIONS a STUDY — 1 IN GENERAL —Not later than 120 days after the date of the enactment of this Act the Secretary of the Navy and the Chief of Naval Operations in consultation with the Commander of United States Cyber Command shall submit to the congressional defense committees a study of the Navy Cyber Warfare Development Group NCWDG 2 ELEMENTS —The study required under paragraph 1 shall include the following A An examination of NCWDG’s structure manning authorities funding and operations B A review of organizational relationships— i within the Navy and ii to other Department of Defense organizations as well as non-Department of Defense organizations C Recommendations for how the NCWDG can be strengthened and improved without growth in size D Such other information as determined necessary or appropriate by the Secretary of the Navy 3 RELEASE — A TO CONGRESS —Not later than 7 days after completion of the study required under paragraph 1 the Secretary of the Navy shall brief the congressional defense committees on the findings of the study B TO SERVICE SERVICES — The Secretary of the Navy shall transmit to the secretaries of the military services and the Assistant Secretary of Defense for Special Operations and Irregular Warfare the study required under paragraph 1 b DESIGNATION —Notwithstanding any other provision of law the Secretary of the Navy shall designate the NCWDG as a screened command c AUTHORITY TO REPLICATE —After review of the study required under subsection a and consulting the Commander of United States Cyber Command in accordance with procedures established by the Secretary of Defense the secretaries of the military services may establish tailored cyberspace operations organizations of comparable size to NCWDG within the military service respectively of each such secretary Such counterpart organizations shall H R 6395—724 have the same authorities as the NCWDG On behalf of United States Special Operations Command the Assistant Secretary of Defense for Special Operations and Irregular Warfare may authorize a tailored cyberspace operations organization within United States Special Operations Command of similar size and equivalent authorities as NCWDG d BRIEFING TO CONGRESS —Not later than 180 days after the date of the enactment of this Act the secretaries of the military services and the Assistant Secretary of Defense for Special Operations and Irregular Warfare shall brief the congressional defense committees on— 1 the utilization of the authority provided pursuant to subsection c and 2 if appropriate based on such utilization details on how the military service respectively of each such secretary intends to establish tailored cyberspace operations organizations SEC 1724 RESPONSIBILITY FOR CYBERSECURITY AND CRITICAL INFRASTRUCTURE PROTECTION OF THE DEFENSE INDUSTRIAL BASE a CRITICAL INFRASTRUCTURE DEFINED —In this section the term ‘‘critical infrastructure’’ has the meaning given such term in section 1016 e of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism USA PATRIOT ACT Act of 2001 42 U S C 5195c e b DESIGNATION —The Secretary of Defense shall designate the Principal Cyber Advisor of the Department of Defense as the coordinating authority for cybersecurity issues relating to the defense industrial base c RESPONSIBILITIES —As the coordinating authority for cybersecurity issues relating to the defense industrial base the Principal Cyber Advisor of the Department of Defense shall synchronize harmonize de-conflict and coordinate all policies and programs germane to defense industrial base cybersecurity including the following 1 The Sector Specific Agency functions under Presidential Policy Directive-21 the Department of Defense has assigned to the Under Secretary of Defense for Policy for implementation 2 The Under Secretary of Defense for Acquisition and Sustainment’s policies and programs germane to contracting and contractual enforcement as such relate to cybersecurity assessment and assistance and industrial base health and security 3 The Under Secretary of Defense for Intelligence and Security’s policies and programs germane to physical security information security industrial security acquisition security and cybersecurity all source intelligence classified threat intelligence sharing related to defense industrial base cybersecurity activities counterintelligence and foreign ownership control or influence including the Defense Intelligence Agency and National Security Agency support provided to the Department of Defense – Defense Industrial Base Collaborative Information Sharing Environment and cyber intrusion damage assessment analysis as part of defense industrial base cybersecurity activities H R 6395—725 4 The Department of Defense Chief Information Officer’s policies and programs for cybersecurity standards and integrating cybersecurity threat intelligence-sharing activities and enhancing Department of Defense and defense industrial base cyber situational awareness 5 The Under Secretary of Defense for Research and Engineering’s policies and programs germane to protection planning requirements of emerging technologies as such relate to cybersecurity assessment and assistance and industrial base health and security 6 Other Department of Defense components’ policies and programs germane to the cybersecurity of the defense industrial base including the policies and programs of the military services and the combatant commands d ADDITIONAL FUNCTIONS —In carrying out this section the Principal Cyber Advisor of the Department of Defense shall— 1 coordinate or facilitate coordination with relevant Federal departments and agencies defense industrial base entities independent regulatory agencies and with State local territorial and Tribal entities as appropriate 2 facilitate or coordinate the provision of incident management support to defense industrial base entities as appropriate 3 facilitate or coordinate the provision of technical assistance to and consultations with defense industrial base entities to identify cyber or cyber-physical vulnerabilities and minimize the damage of potential incidents as appropriate and 4 support or facilitate the supporting of the statutorily required reporting requirements of such relevant Federal departments and agencies by providing or facilitating the provision to such departments and agencies on an annual basis relevant critical infrastructure information as appropriate e DEPARTMENT OF DEFENSE ROLES AND RESPONSIBILITIES — No later than 180 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 following issues 1 A plan for implementation of this section including an assessment of the roles and responsibilities of entities across the Department of Defense and mechanisms and processes for coordination of policy and programs germane to defense industrial base cybersecurity 2 An analysis of the feasibility and advisability of separating cybersecurity Sector Specific Agency functions under Presidential Policy Directive-21 from non-cybersecurity Sector Specific Agency functions 3 Regarding the non-cybersecurity Sector Specific Agency functions the Department has assigned to the Under Secretary of Defense for Policy for implementation the implications of reassigning such responsibilities to the Under Secretary of Defense for Acquisition and Sustainment 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 a PILOT PROGRAM AUTHORIZED — H R 6395—726 1 IN GENERAL —The Secretary of Defense may conduct a pilot program to assess the feasibility and advisability of the development of a capability in support of Department of Defense missions within the National Guard through which a National Guard of a State remotely provides National Guards of other States whether or not in the same Armed Force as the providing National Guard with cybersecurity technical assistance in training preparation and response to cyber incidents 2 TERMINATION —The authorization under paragraph 1 to conduct the pilot program expires 24 months after the date of the enactment of this Act b ASSESSMENT PRIOR TO COMMENCEMENT —For purposes of the pilot program described in subsection a the Secretary of Defense shall prior to commencing the pilot program for purposes of evaluating existing platforms technologies and capabilities under subsection c and for establishing eligibility and participation requirements under such subsection— 1 conduct an assessment of— A existing cyber response capacities of the Army National Guard or Air National Guard as applicable in each State and B any existing platform technology or capability of a National Guard that provides the capability described in subsection a 1 2 determine whether a platform technology or capability referred to in subparagraph B is suitable for expansion for purposes of the pilot program and 3 assess potential benefits or impact on the missions the Total Force the Cyber Operations Forces and the cyber infrastructure of the Department of Defense c ELEMENTS —The pilot program described in subsection a may include the following 1 A technical capability that enables the National Guard of a State to remotely provide cybersecurity technical assistance to National Guards of other States without the need to deploy outside its home State 2 The development of policies processes procedures and authorities for use of such a capability including with respect to the following A The roles and responsibilities of both requesting and deploying National Guards with respect to such technical assistance taking into account the matters specified in subsection g B Necessary updates to the Defense Cyber Incident Coordinating Procedure or any other applicable Department of Defense instruction for purposes of implementing such a capability C Program management and governance structures for deployment and maintenance of such a capability D Security when performing remote support including in matters such as authentication and remote sensing 3 The conduct in consultation with the Secretary of Homeland Security and the Director of the Federal Bureau H R 6395—727 of Investigation the heads of other Federal agencies and appropriate non-Federal entities as appropriate of at least one exercise to demonstrate such a capability which exercise shall include the following A Participation of not fewer than the National Guards of two different States B Circumstances designed to test and validate the policies processes procedures and authorities developed pursuant to paragraph 2 d USE OF EXISTING TECHNOLOGY —The Secretary of Defense may use an existing platform technology or capability to provide the technical capability described in subsection a 1 under the pilot program e ELIGIBILITY AND PARTICIPATION REQUIREMENTS —The Secretary of Defense shall in consultation with the Chief of the National Guard Bureau establish requirements with respect to eligibility and participation of National Guards in the pilot program g CONSTRUCTION WITH CERTAIN CURRENT AUTHORITIES — 1 COMMAND AUTHORITIES —Nothing in this section may be construed as affecting or altering the command authorities otherwise applicable to any unit of the National Guard participating in the pilot program 2 EMERGENCY MANAGEMENT ASSISTANCE COMPACT — Nothing in this section may be construed as affecting or altering any current agreement under the Emergency Management Assistance Compact or any other State agreements or as determinative of the future content of any such agreement h EVALUATION METRICS —The Secretary of Defense shall establish metrics to evaluate the effectiveness of the pilot program i TERM —The pilot program under subsection b shall terminate not later than the date that is three years after the date of the commencement of the pilot program j REPORTS — 1 INITIAL REPORT —Not later than 180 days after the date of the commencement of the pilot program the Secretary of Defense shall submit to the appropriate committees of Congress and the Secretary of Homeland Security an initial report setting forth a description of the pilot program and such other matters in connection with the pilot program as the Secretary considers appropriate 2 FINAL REPORT —Not later than 180 days after the termination of the pilot program the Secretary of Defense shall submit to the appropriate committees of Congress and the Secretary of Homeland Security a final report on the pilot program The final report shall include the following A A description of the pilot program including any partnerships entered into under the pilot program B A summary of the assessment performed prior to the commencement of the pilot program in accordance with subsection b C A summary of the evaluation metrics established in accordance with subsection h including how the pilot program contributes directly to Department of Defense missions D An assessment of the effectiveness of the pilot program and of the capability described in subsection c 1 under the pilot program H R 6395—728 E A description of costs associated with the implementation and conduct of the pilot program F A recommendation as to the value of the pilot program including whether to authorize a permanent program modeled on the pilot program including whether the pilot program duplicates the remote operating concept and capabilities of active duty cyber operations forces G An estimate of the costs of making the pilot program permanent and expanding it nationwide in accordance with the recommendation in subparagraph F H Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program 3 APPROPRIATE COMMITTEES OF CONGRESS DEFINED —In this subsection the term ‘‘appropriate committees of Congress’’ means— A the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives and B the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate k STATE DEFINED —In this section the term ‘‘State’’ means each of the several States the District of Columbia the Commonwealth of Puerto Rico American Samoa Guam the United States Virgin Islands and the Commonwealth of the Northern Mariana Islands SEC 1726 DEPARTMENT OF DEFENSE CYBER WORKFORCE EFFORTS a RESOURCES FOR CYBER EDUCATION — 1 IN GENERAL —The Chief Information Officer of the Department of Defense in consultation with the Director of the National Security Agency NSA shall examine the current policies permitting National Security Agency employees to use up to 140 hours of paid time toward NSA’s cyber education programs 2 REPORT — A IN GENERAL —Not later than 90 days after the date of the enactment of this Act the Chief Information Officer shall submit to the congressional defense committees and the congressional intelligence committees a strategy for expanding the policies described in paragraph 1 to— i individuals who occupy positions described in section 1599f of title 10 United States Code and ii any other individuals who the Chief Information Officer determines appropriate B IMPLEMENTATION PLAN —The report required under subparagraph A shall detail the utilization of the policies in place at the National Security Agency as well as an implementation plan that describes the mechanisms needed to expand the use of such policies to accommodate wider participation by individuals described in such subparagraph Such implementation plan shall detail how such individuals would be able to connect to the instructional and participatory opportunities available through the efforts programs initiatives and investments accounted H R 6395—729 for in the report required under section 1649 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 including the following programs i GenCyber ii Centers for Academic Excellence – Cyber Defense iii Centers for Academic Excellence – Cyber Operations C DEADLINE —Not later than 120 days after the submission of the report required under subparagraph A the Chief Information Officer of the Department of Defense shall carry out the implementation plan contained in such report b IMPROVING THE TRAINING WITH INDUSTRY PROGRAM — 1 IN GENERAL —Not later than 120 days after the date of the enactment of this Act the Principal Cyber Advisor of the Department of Defense in consultation with the Principal Cyber Advisors of the military services and the Under Secretary of Defense for Personnel and Readiness shall submit to the Secretary of Defense and the congressional defense committees a review of the current utilization and utility of the Training With Industry TWI programs including relating to the following A Recommendations regarding how to improve and better utilize such programs including regarding individuals who have completed such programs B An implementation plan to carry out such recommendations 2 ADDITIONAL —Not later than 90 days after the submission of the report required under paragraph 1 the Secretary of Defense shall carry out such elements of the implementation plan required under paragraph 1 B as the Secretary considers appropriate and notify the congressional defense committees of the determinations of the Secretary relating thereto c ALIGNMENT OF CYBERSECURITY TRAINING PROGRAMS — 1 IN GENERAL —Not later than 120 days after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees a report containing recommendations on how cybersecurity training programs described in section 1649 of the National Defense Authorization Act for Fiscal Year 2020 can be better aligned and harmonized 2 REPORT —The report required under paragraph 1 shall provide recommendations concerning the following topics and information A Developing a comprehensive mechanism for utilizing and leveraging the Cyber Excepted Service workforce of the Department of Defense referred to in subsection a as well as mechanisms for military participation B Unnecessary redundancies in such programs or in any related efforts initiatives or investments C Mechanisms for tracking participation and transition of participation from one such program to another D Department level oversight and management of such programs 3 CYBER WORKFORCE PIPELINE AND EARLY CHILDHOOD EDUCATION — H R 6395—730 A ELEMENTS —The Secretary of Defense shall when completing the report required under paragraph 1 take into consideration existing Federal childhood cyber education programs including the programs identified in the report required under section 1649 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116– 92 and the Department of Homeland Security’s Cybersecurity Education and Training Assistance Program CETAP that can provide opportunities to military-connected students and members of the Armed Forces to pursue cyber careers B DEFINITION —In this paragraph the term ‘‘militaryconnected student’’ means an individual who— i is a dependent a member of the Armed Forces serving on active duty and ii is enrolled in a preschool an elementary or secondary school or an institution of higher education SEC 1727 REPORTING REQUIREMENTS FOR CROSS DOMAIN INCIDENTS AND EXEMPTIONS TO POLICIES FOR INFORMATION TECHNOLOGY a INCIDENT REPORTING — 1 IN GENERAL —Effective beginning on the date of the enactment of this Act the Secretary of Defense and the secretaries of the military services shall submit to the congressional defense committees a monthly report in writing that documents each instance or indication of a cross-domain incident within the Department of Defense 2 PROCEDURES —The Secretary of Defense shall submit to the congressional defense committees procedures for complying with the requirements of paragraph 1 consistent with the national security of the United States and the protection of operational integrity The Secretary shall promptly notify such committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes 3 DEFINITION —In this subsection the term ‘‘cross domain incident’’ means any unauthorized connection of any duration between software hardware or both that is either used on or designed for use on a network or system built for classified data and systems not accredited or authorized at the same or higher classification level including systems on the public internet regardless of whether the unauthorized connection is later determined to have resulted in the exfiltration exposure or spillage of data across the cross domain connection b EXEMPTIONS TO POLICY FOR INFORMATION TECHNOLOGY — Not later than six months after the date of the enactment of this Act and biannually thereafter the Secretary of Defense and the secretaries of the military services shall submit to the congressional defense committees a report in writing that enumerates and details each current exemption to information technology policy interim Authority To Operate ATO order or both Each such report shall include other relevant information pertaining to each such exemption including relating to the following 1 Risk categorization 2 Duration 3 Estimated time remaining H R 6395—731 SEC 1728 ASSESSING PRIVATE-PUBLIC COLLABORATION IN CYBERSECURITY a REQUIREMENT —Not later than 120 days after the date of the enactment of this Act the Secretary of Defense shall— 1 conduct a review and assessment of any ongoing publicprivate collaborative initiatives involving the Department of Defense and the private sector related to cybersecurity and defense of critical infrastructure including— A the United States Cyber Command’s Pathfinder initiative and any derivative initiative B the Department’s support to and integration with existing Federal cybersecurity centers and organizations and C comparable initiatives led by other Federal departments or agencies that support long-term public-private cybersecurity collaboration and 2 make recommendations for improvements and the requirements and resources necessary to institutionalize and strengthen the initiatives described in subparagraphs A through C of paragraph 1 b REPORT — 1 IN GENERAL —The Secretary of Defense shall submit to the congressional defense committees a report on the review assessment and recommendations under subsection a 2 FORM —The report required under paragraph 1 may be submitted in unclassified or classified form as necessary c DEFINITION —In this section the term ‘‘critical infrastructure’’ has the meaning given such term in section 1016 e of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism USA PATRIOT ACT Act of 2001 42 U S C 5195c e SEC 1729 CYBER CAPABILITIES AND INTEROPERABILITY OF THE NATIONAL GUARD a EVALUATION — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives an evaluation of the statutes rules regulations and standards that pertain to the use of the National Guard for the response to and recovery from significant cyber incidents 2 CONSIDERATION OF INPUTS —In conducting the evaluation under paragraph 1 the Secretary of Defense shall consult with the Secretary of Homeland Security and may solicit and consider inputs from the following A The heads of Federal agencies determined appropriate by the Secretary of Defense B State governors C The heads of other non-Federal entities as determined appropriate by the Secretary of Defense b ELEMENTS OF EVALUATION —The evaluation required under subsection a shall include review of the following 1 Regulations promulgated under section 903 of title 32 United States Code to clarify when and under what conditions H R 6395—732 the National Guard could respond to a cyber attack as a homeland defense activity under section 902 of such title 2 Guidance promulgated regarding how units of the National Guard shall collaborate with relevant civil law enforcement and cybersecurity agencies when conducting a homeland defense activity under section 902 of title 32 United States Code c UPDATE TO CERTAIN REGULATIONS AND GUIDANCE —If the Secretary of Defense determines such is appropriate based on the evaluation required under subsection a and the review described in subsection b the Secretary shall update— 1 the regulations referred to in subsection b 1 and 2 the guidance referred to in subsection b 2 d UPDATE TO THE NATIONAL CYBER INCIDENT RESPONSE PLAN —Not later than 270 days after the date of the enactment of this Act the Secretary of Homeland Security in coordination with the Secretary of Defense may update the National Cyber Incident Response Plan to address any changes made by the Secretary of Defense to the roles and responsibilities of the National Guard for the response to and recovery from significant cyber incidents e JOINT BRIEFINGS —Not later than 300 days after the date of the enactment of this Act the Secretary of Defense and the Secretary of Homeland Security shall jointly brief the congressional defense committees the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the following 1 The results of the evaluation required under subsection a 1 including the utilization of any input provided to the Secretary of Defense pursuant to subsection a 2 2 Any updated regulations or guidance in accordance with subsection c 3 Any update by the Secretary of Homeland Security to the National Cyber Incident Response Plan pursuant to subsection d 4 How the Department of Defense including the National Guard and the Department of Homeland Security including the Cybersecurity and Infrastructure Security Agency and the Federal Emergency Management Agency will collaborate with each other and with relevant law enforcement State governments and other non-Federal entities when responding to and recovering from significant cyber incidents f DEFINITION —The term ‘‘significant cyber incident’’ means a cyber incident that results or several related cyber incidents that result in demonstrable harm to— 1 the national security interests foreign relations or economy of the United States or 2 the public confidence civil liberties or public health and safety of the American people SEC 1730 EVALUATION OF NON-TRADITIONAL CYBER SUPPORT TO THE DEPARTMENT OF DEFENSE a REQUIREMENT —Not later than 270 days after the date of the enactment of this Act the Principal Cyber Advisor to the Secretary of Defense in conjunction with the Under Secretary for Personnel and Readiness of the Department of Defense and the Principal Cyber Advisors of the military services shall submit H R 6395—733 to the congressional defense committees an evaluation of reserve models tailored to the support of cyberspace operations for the Department b ELEMENTS —The evaluation conducted under subsection a shall include assessment of the following 1 The capabilities and deficiencies in military and civilian personnel with needed cybersecurity expertise and the quantity of personnel with such expertise within the Department 2 The potential for a uniformed civilian or mixed cyber reserve force to remedy shortfalls in expertise and capacity 3 The ability of the Department to attract the personnel with the desired expertise to either a uniformed or civilian cyber reserve force 4 The number of personnel their skills additional infrastructure required funding and the composition of a cyber reserve force that would be required to meet the needs of the Department 5 Alternative models for establishing a cyber reserve force including the following A A traditional uniformed military reserve component B A nontraditional uniformed military reserve component with respect to drilling and other requirements such as grooming and physical fitness C Nontraditional civilian cyber reserve options D Hybrid options E Models of reserve support used by international allies and partners 6 The impact each of the cyber reserve models would have on active duty and existing reserve forces including the following A Recruiting B Promotion C Retention D Relocation 7 The impact each of the cyber reserve models would have on the Cyber Operations Forces total force including the following A Cyber operations forces training B Cyber operations forces individual and unit readiness C Cyber operations forces training ranges and cyber warfighting architectures D Infrastructure supporting Cyber Operations Forces 8 The impact each of the cyber reserve models would have on the private sector particularly during and immediately after a major cyber incident 9 An evaluation of work conducted to date by the Department of Defense in response to the 2014 Report of the Reserve Forces Policy Board on Department of Defense Cyber Approach Use of the National Guard and Reserve in the Cyber Mission Force SEC 1731 INTEGRATED CYBERSECURITY CENTER PLAN a IN GENERAL —Not later than one year after the date of the enactment of this Act the Secretary of Homeland Security in coordination with the Secretary of Defense the Attorney General H R 6395—734 the Director of the Federal Bureau of Investigation and the Director of National Intelligence shall submit to the relevant congressional committees a report on Federal cybersecurity centers and the potential for better coordination of Federal cybersecurity efforts at an integrated cybersecurity center within the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security in furtherance of the functions specified in section 2209 of the Homeland Security Act of 2002 6 U S C 659 b CONTENTS —To prepare the report required by subsection a the Secretary of Homeland Security shall aggregate information from components of the Department of Homeland Security with information provided to the Secretary of Homeland Security by the Secretary of Defense the Attorney General the Director of the Federal Bureau of Investigation and the Director of National Intelligence Such aggregated information shall relate to the following topics 1 Any challenges regarding capacity and funding identified by the Secretary of Homeland Security the Director of the Federal Bureau of Investigation the Attorney General the Secretary of Defense and the Director of National Intelligence that negatively impact coordination with the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security in furtherance of the security and resilience of critical infrastructure 2 Distinct statutory authorities identified by the Secretary of Homeland Security the Attorney General the Director of the Federal Bureau of Investigation the Secretary of Defense or the Director of National Intelligence that should not be leveraged by an integrated cybersecurity center within the Cybersecurity and Infrastructure Security Agency 3 Any challenges associated with effective mission coordination and deconfliction between the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and other Federal agencies that could be addressed with the creation of an integrated cybersecurity center within the Cybersecurity and Infrastructure Security Agency 4 How capabilities or missions of existing Federal cyber centers could benefit from greater integration or collocation to support cybersecurity collaboration with critical infrastructure at an integrated cybersecurity center within the Cybersecurity and Infrastructure Security Agency including the following Federal cyber centers A The National Security Agency’s Cyber Threat Operations Center B United States Cyber Command’s Joint Operations Center C Elements of the Office of the Director of National Intelligence as determined appropriate by the Director D The Federal Bureau of Investigation’s National Cyber Investigative Joint Task Force E The Department of Defense’s Defense Cyber Crime Center c ELEMENTS —The report required under subsection a shall— 1 identify any challenges regarding the Cybersecurity and Infrastructure Security Agency’s current authorities structure resources funding ability to recruit and retain its workforce H R 6395—735 or interagency coordination that negatively impact the ability of the Agency to fulfill its role as the central coordinator for critical infrastructure cybersecurity and resilience pursuant to its authorities under the Homeland Security Act of 2002 and information on how establishing an integrated cybersecurity center within the Cybersecurity and Infrastructure Security Agency would address such challenges 2 identify any facility needs for the Cybersecurity and Infrastructure Security Agency to adequately host personnel maintain sensitive compartmented information facilities and other resources to serve as the primary coordinating body charged with forging whole-of-government public-private collaboration in cybersecurity pursuant to such authorities 3 identify any lessons from national-level efforts by United States allies such as the United Kingdom’s National Cyber Security Centre to determine whether an integrated cybersecurity center within the Cybersecurity and Infrastructure Security Agency should be similarly organized into an unclassified environment and a classified environment 4 recommend any changes to procedures and criteria for increasing and expanding the participation and integration of public- and private-sector personnel into Federal cyber defense and security efforts including continuing limitations or hurdles in the security clearance program for private sector partners and integrating private sector partners into a Cybersecurity and Infrastructure Security Agency integrated cyber center and 5 propose policies programs or practices that could overcome challenges identified in the aggregated information under subsection b including the potential creation of an integrated cybersecurity center within the Cybersecurity and Infrastructure Security Agency accompanied by legislative proposals as appropriate d PLAN —Upon submitting the report pursuant to subsection a the Secretary of Homeland Security in coordination with the Secretary of Defense the Attorney General the Director of the Federal Bureau of Investigation and the Director of National Intelligence may submit to the relevant congressional committees a plan to establish an integrated cybersecurity center within the Cybersecurity and Infrastructure Security Agency if appropriate or to implement other mechanisms for improving cybersecurity coordination among the Federal cyber centers specified in subsection b 4 e PRIVACY REVIEW —The Privacy Officers of the Department of Homeland Security the Department of Defense the Department of Justice and the Federal Bureau of Investigation and the Director of National Intelligence shall review and provide to the relevant congressional committees comment as appropriate on each report and legislative proposal submitted under this section f DEFINITION —In this section the term ‘‘relevant congressional committees’’ means— 1 in the House of Representatives— A the Committee on Armed Services B the Committee on the Judiciary C the Permanent Select Committee on Intelligence and D the Committee on Homeland Security and H R 6395—736 2 in the Senate— A the Committee on Armed Services B the Committee on the Judiciary C the Select Committee on Intelligence and D the Committee on Homeland Security and Governmental Affairs SEC 1732 ASSESSMENT OF CYBER OPERATIONAL PLANNING AND DECONFLICTION POLICIES AND PROCESSES a ASSESSMENT —Not later than August 1 2021 the Principal Cyber Advisor of the Department of Defense and the Commander of United States Cyber Command shall jointly in coordination with the Under Secretary of Defense for Policy the Under Secretary of Defense for Intelligence and Security and the Chairman of the Joint Chiefs of Staff conduct and complete an assessment on the operational planning and deconfliction policies and processes that govern cyber operations of the Department of Defense b ELEMENTS —The assessment required by subsection a shall include evaluations as to whether— 1 the joint targeting cycle and relevant operational and targeting databases are suitable for the conduct of timely and well-coordinated cyber operations 2 each of the policies and processes in effect to facilitate technical operational and capability deconfliction are appropriate for the conduct of timely and effective cyber operations 3 intelligence gain-loss decisions made by Cyber Command are sufficiently well-informed and made in timely fashion 4 relevant intelligence data and products are consistently available and distributed to relevant planning and operational elements in Cyber Command 5 collection operations and priorities meet the operational requirements of Cyber Command and 6 authorities relevant to intelligence surveillance and reconnaissance and operational preparation of the environment are delegated to the appropriate level c BRIEFING —Not later than September 1 2021 the Principal Cyber Advisor and the Commander of United States Cyber Command shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the findings of the assessment completed under subsection a including discussion of planned policy and process changes if any relevant to cyber operations SEC 1733 PILOT PROGRAM METRICS ON CYBERSECURITY CAPABILITY a PILOT PROGRAM REQUIRED —The Secretary of Defense acting through the Chief Information Officer of the Department of Defense and the Commander of United States Cyber Command shall conduct a pilot program to assess the feasibility and advisability of developing and using speed-based metrics to measure the performance and effectiveness of security operations centers and cyber security service providers in the Department of Defense b REQUIREMENTS — 1 DEVELOPMENT OF METRICS — A Not later than July 1 2021 the Chief Information Officer and the Commander shall jointly develop metrics described in subsection a to carry out the pilot program under such subsection H R 6395—737 B The Chief Information Officer and the Commander shall ensure that the metrics developed under subparagraph A are commensurate with the representative timelines of nation-state and non-nation-state actors when gaining access to and compromising Department networks 2 USE OF METRICS — A Not later than December 1 2021 the Secretary shall in carrying out the pilot program required by subsection a begin using the metrics developed under paragraph 1 of this subsection to assess select security operations centers and cyber security service providers which the Secretary shall select specifically for purposes of the pilot program for a period of not less than four months B In carrying out the pilot program under subsection a the Secretary shall evaluate the effectiveness of operators capabilities available to operators and operators’ tactics techniques and procedures c AUTHORITIES —In carrying out the pilot program under subsection a the Secretary may— 1 assess select security operations centers and cyber security service providers— A over the course of their mission performance or B in the testing and accreditation of cybersecurity products and services on test networks designated pursuant to section 1658 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 and 2 assess select elements’ use of security orchestration and response technologies modern endpoint security technologies Big Data Platform instantiations and technologies relevant to zero trust architectures d BRIEFING — 1 IN GENERAL —Not later than March 1 2022 the Secretary shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the findings of the Secretary with respect to the pilot program required by subsection a 2 ELEMENTS —The briefing provided under paragraph 1 shall include the following A The pilot metrics developed under subsection b 1 B The findings of the Secretary with respect to the assessments carried out under subsection b 2 C An analysis of the utility of speed-based metrics in assessing security operations centers and cyber security service providers D An analysis of the utility of the extension of the pilot metrics to or speed-based assessment of the Cyber Mission Forces E An assessment of the technical and procedural measures that would be necessary to meet the speed-based metrics developed and applied in the pilot program SEC 1734 ASSESSMENT OF EFFECT OF INCONSISTENT TIMING AND USE OF NETWORK ADDRESS TRANSLATION IN DEPARTMENT OF DEFENSE NETWORKS a IN GENERAL —Not later than March 1 2021 the Chief Information Officer of the Department of Defense shall conduct comprehensive assessments as follows H R 6395—738 1 TIMING VARIABILITY IN DEPARTMENT NETWORKS —The Chief Information Officer shall characterize— A timing variability across Department information technology and operational technology networks appliances devices applications and sensors that generate time-stamped data and metadata used for cybersecurity purposes B how timing variability affects current planned and potential capabilities for detecting network intrusions that rely on correlating events and the sequence of events and C how to harmonize standard of timing across Department networks 2 USE OF NETWORK ADDRESS TRANSLATION —The Chief Information Officer shall characterize— A why and how the Department is using Network Address Translation NAT and multiple layers and nesting of Network Address Translation B how using Network Address Translation affects the ability to link malicious communications detected at various network tiers to specific endpoints or hosts to enable prompt additional investigations quarantine decisions and remediation activities and C what steps and associated cost and schedule are necessary to eliminate the use of Network Address Translation or to otherwise provide transparency to network defenders including options to accelerate the transition from Internet Protocol version 4 to Internet Protocol version 6 b RECOMMENDATION —The Chief Information Officer and the Principal Cyber Advisor shall submit to the Secretary of Defense a recommendation to address the assessments conducted under subsection a including whether and how to revise the cyber strategy of the Department c BRIEFING —Not later than April 1 2021 the Chief Information Officer shall brief the congressional defense committees on the findings of the Chief Information Officer with respect to the assessments conducted under subsection a and the recommendation submitted under subsection b SEC 1735 INTEGRATION OF DEPARTMENT OF DEFENSE ACTIVITY MONITORING AND CYBERSECURITY USER a INTEGRATION OF PLANS CAPABILITIES AND SYSTEMS —The Secretary of Defense shall integrate the plans capabilities and systems for user activity monitoring and the plans capabilities and systems for endpoint cybersecurity and the collection of metadata on network activity for cybersecurity to enable mutual support and information sharing b REQUIREMENTS —In carrying out subsection a the Secretary shall— 1 consider using the Big Data Platform instances that host cybersecurity metadata for storage and analysis of all user activity monitoring data collected across the Department of Defense Information Network at all security classification levels H R 6395—739 2 develop policies and procedures governing access to user activity monitoring data or data derived from user activity monitoring by cybersecurity operators and 3 develop processes and capabilities for using metadata on host and network activity for user activity monitoring in support of the insider threat mission c CONGRESSIONAL BRIEFING —Not later than October 1 2021 the Secretary shall provide a briefing to the congressional defense committees on actions taken to carry out this section SEC 1736 DEFENSE INDUSTRIAL BASE CYBERSECURITY SENSOR ARCHITECTURE PLAN a DEFENSE INDUSTRIAL BASE CYBERSECURITY SENSOR ARCHITECTURE PROGRAM ASSESSMENT —Not later than 180 days after the date of the enactment of this Act the Principal Cyber Advisor of the Department of Defense in consultation with the Chief Information Officer of the Department the Under Secretary of Defense for Acquisition and Sustainment the Under Secretary of Defense for Intelligence and Security and the Commander of United States Cyber Command shall complete an assessment of the feasibility suitability and resourcing required to establish a Defense Industrial Base Cybersecurity Sensor Architecture Program responsible for deploying commercial-off-the-shelf solutions to remotely monitor the public-facing internet attack surface of the defense industrial base b ELEMENTS —The assessment required under subsection a shall include the following 1 Definition of an architecture concept of operations and governance structure that— A will allow for the instrumentation and collection of cybersecurity data on the public-facing internet attack surfaces of defense industrial base contractors in a manner that is compatible with the Department’s existing or future capabilities for analysis and instrumentation and collection as appropriate of cybersecurity data within the Department of Defense Information Network B includes the expected scale schedule and guiding principles of deployment C is consistent with the defense industrial base cybersecurity policies and programs of the Under Secretary of Defense for Acquisition and Sustainment and the Chief Information Officer and D includes an acquisition strategy for sensor capabilities that optimizes required capability scalability cost and intelligence and cybersecurity requirements 2 Roles and responsibilities of the persons referred to in subsection a in implementing and executing the plan c CONSULTATION —In conducting the assessment required under subsection a the Principal Cyber Advisor shall consult with and solicit recommendations from representative industry stakeholders across the defense industrial base regarding the elements described in subsection b and potential stakeholder costs of compliance d BRIEFING —Upon completion of the assessment required under subsection a the Principal Cyber Advisor shall provide a briefing to the Committee on Armed Services of the Senate H R 6395—740 and the Committee on Armed Services of the House of Representatives on the assessment SEC 1737 ASSESSMENT ON DEFENSE INDUSTRIAL BASE PARTICIPATION IN A THREAT INFORMATION SHARING PROGRAM a DEFENSE INDUSTRIAL BASE THREAT INFORMATION PROGRAM ASSESSMENT —Not later than 270 days after the date of the enactment of this Act the Secretary of Defense shall complete an assessment of the feasibility suitability and definition of and resourcing required to establish a defense industrial base threat information sharing program to collaborate and share threat information with and obtain threat information from the defense industrial base b ELEMENTS —The assessment regarding the establishment of a defense industrial base threat information sharing program under subsection a shall include evaluation of the following 1 The feasibility and suitability of and requirements for the establishment of a defense industrial base threat information sharing program including cybersecurity incident reporting requirements applicable to the defense industrial base that— A extend beyond mandatory cybersecurity incident reporting requirements as in effect on the day before the date of the enactment of this Act B set specific consistent timeframes for all categories of cybersecurity incident reporting C establish a single clearinghouse for all mandatory cybersecurity incident reporting to the Department of Defense including incidents involving covered unclassified information and classified information and D provide that unless authorized or required by another provision of law or the element of the defense industrial base making the report consents nonpublic information of which the Department becomes aware only because of a report provided pursuant to the program shall be disseminated and used only for a cybersecurity purpose as such term is defined in section 102 of the Cybersecurity Information Sharing Act of 2015 6 U S C 1501 and in support of national defense activities 2 A mechanism for developing a shared and real-time picture of the threat environment 3 Options for joint collaborative and co-located analytics 4 Possible investments in technology and capabilities to support automated detection and analysis across the defense industrial base 5 Coordinated information tipping sharing and deconfliction as necessary with relevant Federal Government agencies with similar information sharing programs 6 Processes for direct sharing of threat information related to a specific defense industrial base entity with such entity 7 Mechanisms for providing defense industrial base entities with clearances for national security information access as appropriate 8 Requirements to consent to queries of foreign intelligence collection databases related to a specific defense industrial base entity as a condition of participation in the threat information sharing program H R 6395—741 9 Recommendations with respect to threat information sharing program participation including the following A Incentives for defense industrial base entities to participate in the threat information sharing program B Mandating minimum levels of threat information sharing program participation for any entity that is part of the defense industrial base C Procurement prohibitions on any defense industrial base entity that are not in compliance with the requirements of the threat information sharing program D Waiver authority and criteria E Adopting tiers of requirements for participation within the threat information sharing program based on— i the role of and relative threats related to defense industrial base entities and ii Cybersecurity Maturity Model Certification level 10 Options to utilize an existing federally recognized information sharing program to satisfy the requirement for a threat information sharing program if— A the existing program includes or is modified to include two-way sharing of threat information that is specifically relevant to the defense industrial base and B such a program is coordinated with other Federal Government agencies with existing information sharing programs where overlap occurs 11 Methods to encourage participation of defense industrial base entities in appropriate private sector information sharing and analysis centers ISACs 12 Methods to coordinate collectively with defense industrial base entities to consider methods for mitigating compliance costs 13 The resources needed governance roles and structures required and changes in regulation or law needed for execution of a threat information sharing program as well as any other considerations determined relevant by the Secretary 14 Identification of any barriers that would prevent the establishment of a defense industrial base threat information sharing program c CONSULTATION —In conducting the assessment required under subsection a the Secretary of Defense shall consult with and solicit recommendations from representative industry stakeholders across the defense industrial base regarding the elements described in subsection b and potential stakeholder costs of compliance d DETERMINATION AND BRIEFING —Upon completion of the assessment required under subsection a the Secretary of Defense shall make a determination regarding the establishment by the end of fiscal year 2021 of a defense industrial base threat information sharing program and provide a briefing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on— 1 the findings of the Secretary with respect to such assessment and such determination and 2 such implementation plans as the Secretary may have arising from such findings H R 6395—742 e IMPLEMENTATION —If the Secretary of Defense makes a positive determination pursuant to subsection d of the feasibility and suitability of establishing a defense industrial base threat information sharing program the Secretary shall establish such program Not later than 180 days after a positive determination the Secretary of Defense shall promulgate such rules and regulations as are necessary to establish the defense industrial base threat information sharing program under this section SEC 1738 ASSISTANCE FOR SMALL MANUFACTURERS IN THE DEFENSE INDUSTRIAL SUPPLY CHAIN ON MATTERS RELATING TO CYBERSECURITY a IN GENERAL —Subject to the availability of appropriations the Secretary of Defense in consultation with the Director of the National Institute of Standards and Technology may award financial assistance to a Center for the purpose of providing cybersecurity services to small manufacturers b CRITERIA —If the Secretary carries out subsection a the Secretary in consultation with the Director shall establish and publish on the grants gov website or successor website criteria for selecting recipients for financial assistance under this section c USE OF FINANCIAL ASSISTANCE —Financial assistance under this section— 1 shall be used by a Center to provide small manufacturers with cybersecurity services including— A compliance with the cybersecurity requirements of the Department of Defense Supplement to the Federal Acquisition Regulation including awareness assessment evaluation preparation and implementation of cybersecurity services and B achieving compliance with the Cybersecurity Maturity Model Certification framework of the Department of Defense and 2 may be used by a Center to employ trained personnel to deliver cybersecurity services to small manufacturers d BIENNIAL REPORTS — 1 IN GENERAL —Not less frequently than once every two years the Secretary shall submit to the congressional defense committees the Committee on Commerce Science and Transportation of the Senate and the Committee on Science Space and Technology of the House of Representatives a report on financial assistance awarded under this section 2 CONTENTS —To the extent practicable each report submitted under paragraph 1 shall include the following with respect to the years covered by each such report A The number of small manufacturers assisted B A description of the cybersecurity services provided C A description of the cybersecurity matters addressed D An analysis of the operational effectiveness and cost-effectiveness of such cybersecurity services e TERMINATION —The authority of the Secretary to award financial assistance under this section shall terminate on the date that is five years after the date of the enactment of this section f DEFINITIONS —In this section H R 6395—743 1 CENTER —The term ‘‘Center’’ has the meaning given such term in section 25 a of the National Institute of Standards and Technology Act 15 U S C 278k a 2 SMALL MANUFACTURER —The term ‘‘small manufacturer’’ has the meaning given such term in section 1644 g of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 10 U S C 2224 note SEC 1739 ASSESSMENT ON DEFENSE INDUSTRIAL BASE CYBERSECURITY THREAT HUNTING PROGRAM a ASSESSMENT REQUIRED —Not later than 270 days after the date of the enactment of this Act the Secretary of Defense shall complete an assessment of the feasibility suitability definition of and resourcing required to establish a defense industrial base cybersecurity threat hunting program to actively identify cybersecurity threats and vulnerabilities within the defense industrial base b ELEMENTS —The assessment required under section a shall include evaluation of the following 1 Existing defense industrial base cybersecurity threat hunting policies and programs including the threat hunting elements at each level of the compliance-based Cybersecurity Maturity Model Certification program of the Department of Defense including requirements germane to continuous monitoring discovery and investigation of anomalous activity indicative of a cybersecurity incident 2 The suitability of a continuous cybersecurity threat hunting program as a supplement to the cyber hygiene requirements of the Cybersecurity Maturity Model Certification including consideration of the following A Collection and analysis of metadata on network activity to detect possible intrusions B Rapid investigation and remediation of possible intrusions C Requirements for mitigating any vulnerabilities identified pursuant to the cybersecurity threat hunting program D Mechanisms for the Department of Defense to share with entities in the defense industrial base malicious code indicators of compromise and insights on the evolving threat landscape 3 Recommendations with respect to cybersecurity threat hunting program participation of prime contractors and subcontractors including relating to the following A Incentives for defense industrial base entities to share with the Department of Defense threat and vulnerability information collected pursuant to threat monitoring and hunting activities B Mandating minimum levels of program participation for any defense industrial base entity C Procurement prohibitions on any defense industrial base entity that is not in compliance with the requirements of the cybersecurity threat hunting program D Waiver authority and criteria E Consideration of a tiered cybersecurity threat hunting program that takes into account the following H R 6395—744 i The cybersecurity maturity of defense industrial base entities ii The roles of such entities iii Whether each such entity possesses classified information or controlled unclassified information and covered defense networks iv The covered defense information to which each such entity has access as a result of contracts with the Department of Defense 4 Whether the continuous cybersecurity threat-hunting program described in paragraph 2 should be conducted by— A qualified prime contractors or subcontractors B accredited third-party cybersecurity vendors C with contractor consent— i United States Cyber Command or ii a component of the Department of Defense other than United States Cyber Command D the deployment of network sensing technologies capable of identifying and filtering malicious network traffic or E a combination of the entities specified in subparagraphs A through D 5 The resources necessary governance structures or changes in regulation or law needed and responsibility for execution of a defense industrial base cybersecurity threat hunting program as well as any other considerations determined relevant by the Secretary 6 A timelime for establishing the defense industrial base cybersecurity threat hunting program not later than two years after the date of the enactment of this Act 7 Identification of any barriers that would prevent such establishment c CONSULTATION —In conducting the assessment required under subsection a the Secretary of Defense shall consult with and solicit recommendations from representative industry stakeholders across the defense industrial base regarding the elements described in subsection b and potential stakeholder costs of compliance d DETERMINATION AND BRIEFING —Upon completion of the assessment required under subsection a the Secretary of Defense shall make a determination regarding the establishment of a defense industrial base cybersecurity threat hunting program and provide a briefing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on— 1 the findings of the Secretary with respect to such assessment and such determination and 2 such implementation plans as the Secretary may have arising from such findings e IMPLEMENTATION —If the Secretary of Defense makes a positive determination pursuant to subsection d of the feasibility and suitability of establishing a defense industrial base threat cybersecurity threat hunting program the Secretary shall establish such program Not later than 180 days after a positive determination the Secretary of Defense shall promulgate such rules and regulations as are necessary to establish the defense industrial base cybersecurity threat hunting program under this section H R 6395—745 SEC 1740 DEFENSE DIGITAL SERVICE a RELATIONSHIP WITH UNITED STATES DIGITAL SERVICE — Not later than 120 days after the date of the enactment of this Act the Secretary of Defense and the Administrator of the United States Digital Service shall establish a direct relationship between the Department of Defense and the United States Digital Service to address authorities hiring processes roles and responsibilities of the Defense Digital Service b CERTIFICATION —Not later than 120 days after the date of the enactment of this Act the Secretary of Defense and the Administrator of the United States Digital Service shall jointly certify to the congressional defense committees the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives that the skills and qualifications of the Department of Defense personnel assigned to and supporting the core functions of the Defense Digital Service are consistent with the skills and qualifications United States Digital Service personnel c BRIEFING —Not later than 150 days after the date of the enactment of this Act the Secretary of Defense and the Administrator of the United States Digital Service shall provide to the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives a briefing on the relationship established in subsection a SEC 1741 MATTERS CONCERNING THE COLLEGE OF INFORMATION AND CYBERSPACE AND LIMITATION OF FUNDING FOR NATIONAL DEFENSE UNIVERSITY a PROHIBITIONS —The Secretary of Defense may not— 1 eliminate divest downsize reorganize or seek to reduce the number of students educated at the College of Information and Cyberspace of the National Defense University or 2 obligate or expend more than 60 percent of the funds authorized to be appropriated by this Act for fiscal year 2021 for the National Defense University until 60 days after the date on which the congressional defense committees receive the report required by subsection d b ASSESSMENT —The Chairman of the Joint Chiefs of Staff in consultation with the Under Secretary of Defense for Policy the Under Secretary of Defense for Personnel and Readiness the Principal Cyber Advisor the Principal Information Operations Advisor of the Department of Defense the Chief Information Officer of the Department the Chief Financial Officer of the Department and the Commander of United States Cyber Command shall assess requirements for joint professional military education and civilian leader education in the information environment and cyberspace domain to support the Department and other national security institutions of the Federal Government c FURTHER ASSESSMENT DETERMINATION AND REVIEW —The Under Secretary of Defense for Policy in consultation with the Under Secretary of Defense for Personnel and Readiness the Principal Cyber Advisor the Principal Information Operations Advisor of the Department of Defense the Chief Information Officer of the Department the Chief Financial Officer of the Department H R 6395—746 the Chairman of the Joint Chiefs of Staff and the Commander of United States Cyber Command shall— 1 determine whether the importance challenges and complexity of the modern information environment and cyberspace domain warrant— A a college at the National Defense University a college independent of the National Defense University whose leadership is responsible to the Office of the Secretary of Defense or an independent public or private university and B the provision of resources services and capacity at levels that are the same as or decreased or enhanced in comparison to those resources services and capacity in place at the College of Information and Cyberspace on January 1 2019 2 review the plan proposed by the National Defense University for eliminating the College of Information and Cyberspace and reducing and restructuring the information and cyberspace faculty course offerings joint professional military education and degree and certificate programs and other services provided by the College and the effects of such changes on the military and civilian personnel requirements of the cyber workforce 3 assess the changes made to the College of Information and Cyberspace since January 1 2019 and the actions necessary to reverse those changes including relocating the College and its associated budget faculty staff students and facilities outside of the National Defense University and 4 determine the Department of Defense’s overall personnel requirement for cyber and information educated military and civilian personnel d REPORT REQUIRED —Not later than March 1 2021 the Secretary shall present to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a briefing and not later than May 1 2021 the Secretary shall submit to such committees a report on— 1 the findings of the Secretary with respect to the assessments determinations and reviews conducted under subsections b and c and 2 such recommendations as the Secretary may have for higher education needs in the information environment and cyberspace domain SEC 1742 DEPARTMENT OF DEFENSE CYBER HYGIENE AND CYBERSECURITY MATURITY MODEL CERTIFICATION FRAMEWORK a CYBER SECURITY PRACTICES AND CAPABILITIES IN THE DEPARTMENT OF DEFENSE — 1 IN GENERAL —Not later than March 1 2021 the Secretary of Defense acting through the Chief Information Officer of the Department of Defense and the Commander Joint Forces Headquarters-Department of Defense Information Network shall assess each Department component against the Cybersecurity Maturity Model Certification CMMC framework and submit to the congressional defense committees a report that identifies each such component’s CMMC level and implementation of the cybersecurity practices and capabilities required in each of the levels of the CMMC framework The report H R 6395—747 shall include for each component that does not achieve at least level 3 status referred to as ‘‘good cyber hygiene’’ in CMMC Model ver 1 02 a determination as to whether and details as to how— A such component will implement relevant security measures to achieve a desired CMMC or other appropriate capability and performance threshold prior to March 1 2022 and B such component will mitigate potential risks until such measures are implemented 2 COMPTROLLER GENERAL REPORT REQUIRED —Not later than 180 days after the submission of the report required under paragraph 1 the Comptroller General of the United States shall conduct an independent review of the report and provide a briefing to the congressional defense committees on the findings of the review b BRIEFING ON IMPLEMENTATION OF CERTAIN CYBERSECURITY RECOMMENDATIONS —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall provide to the congressional defense committees a briefing regarding the plans of the Secretary to implement certain cybersecurity recommendations to ensure— 1 the Chief Information Officer of the Department of Defense takes appropriate steps to ensure implementation of Department of Defense Cybersecurity Culture and Compliance Initiative DC3I tasks 2 Department components develop plans with scheduled completion dates to implement any remaining Cybersecurity Discipline Implementation Plan CDIP tasks overseen by the Chief Information Officer 3 the Deputy Secretary of Defense identifies a Department component to oversee the implementation of any CDIP tasks not overseen by the Chief Information Officer and reports on progress relating to such implementation 4 Department components accurately monitor and report information on the extent that users have completed Cyber Awareness Challenge training as well as the number of users whose access to the Department network was revoked because such users have not completed such training 5 the Chief Information Officer ensures all Department components including Defense Advanced Research Projects Agency DARPA require their users to take Cyber Awareness Challenge training and 6 the Chief Information Officer assesses the extent to which senior leaders of the Department have more complete information to make risk-based decisions and revise the recurring reports or develop a new report accordingly including information relating to the Department’s progress on implementing— A cybersecurity practices identified in cyber hygiene initiatives and B cyber hygiene practices to protect Department networks from key cyberattack techniques c CYBERSECURITY MATURITY MODEL CERTIFICATION FUNDING LIMITATION —Of the funds authorized to be appropriated by this Act for fiscal year 2021 for implementation of the CMMC not more than 60 percent of such funds may be obligated or expended H R 6395—748 until the Under Secretary of Defense for Acquisition and Sustainment delivers to the congressional defense committees a plan for implementation of the CMMC via requirements in procurement contracts developed in coordination with the Principal Cyber Advisor and the Chief Information Officer of the Department of Defense The plan shall include a timeline for pilot activities a description of the planned relationship between Department of Defense and the auditing or accrediting bodies a funding and activity profile for the Defense Industrial Base Cybersecurity Assessment Center and a description of efforts to ensure that the service acquisition executives and service program managers are equipped to implement the CMMC requirements and facilitate contractors’ meeting relevant requirements SEC 1743 EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL CYBERSECURITY TRAINING CENTER FOR THE ARMY NATIONAL GUARD Section 1651 e of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 32 U S C 501 note is amended by striking ‘‘shall expire on the date that is two years after the date of the enactment of this Act’’ and inserting ‘‘shall expire on August 31 2022’’ SEC 1744 NATIONAL CYBER EXERCISES a REQUIREMENT —Not later than December 31 2023 the Secretary of Homeland Security in coordination with the Director of National Intelligence the Attorney General and the Secretary of Defense shall conduct an exercise which may be a tabletop exercise to test the resilience response and recovery of the United States to a significant cyber incident impacting critical infrastructure The Secretary shall convene similar exercises not fewer than three times in consultation with such officials until 2033 b PLANNING AND PREPARATION —The exercises required under subsection a shall be prepared by— 1 appropriate personnel from— A the Department of Homeland Security B the Department of Defense and C the Department of Justice and 2 appropriate elements of the intelligence community identified by the Director of National Intelligence c SUBMISSION TO CONGRESS —For each fiscal year in which an exercise is planned the Secretary in coordination with the Director of National Intelligence the Attorney General and the Secretary of Defense shall submit to the appropriate congressional committees a plan for the exercise not later than 180 days prior to the exercise Each such plan shall include information regarding the goals of the exercise at issue how the exercise is to be carried out where and when the exercise will take place how many individuals are expected to participate from each Federal agency specified in subsection b and the costs or other resources associated with the exercise d PARTICIPANTS — 1 FEDERAL GOVERNMENT PARTICIPANTS —Appropriate personnel from the following Federal agencies shall participate in each exercise required under subsection a A The Department of Homeland Security B The Department of Defense as identified by the Secretary of Defense H R 6395—749 C Elements of the intelligence community as identified by the Director of National Intelligence D The Department of Justice as identified by the Attorney General E Sector-specific agencies as determined by the Secretary of Homeland Security 2 STATE AND LOCAL GOVERNMENTS —The Secretary shall invite representatives from State local and Tribal governments to participate in each exercise required under subsection a if the Secretary determines such is appropriate 3 PRIVATE ENTITIES —Depending on the nature of an exercise being conducted under subsection a the Secretary in consultation with the senior representative of the sector-specific agencies participating in such exercise in accordance with paragraph 1 E shall invite the following individuals to participate A Representatives from appropriate private entities B Other individuals whom the Secretary determines will best assist the United States in preparing for and defending against a significant cyber incident impacting critical infrastructure 4 INTERNATIONAL PARTNERS —Depending on the nature of an exercise being conducted under subsection a the Secretary may in coordination with the Secretary of State invite allies and partners of the United States to participate in such exercise e OBSERVERS —The Secretary may invite representatives from the executive and legislative branches of the Federal Government to observe an exercise required under subsection a f ELEMENTS —Each exercise required under subsection a shall include the following elements 1 Exercising the orchestration of cybersecurity response and the provision of cyber support to Federal State local and Tribal governments and private entities including the exercise of the command control and deconfliction of— A operational responses through interagency coordination processes and response groups and B each Federal agency participating in such exercise in accordance with subsection d 1 2 Testing of the information sharing needs and capabilities of exercise participants 3 Testing of the relevant policy guidance and doctrine including the National Cyber Incident Response Plan of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security 4 Testing of the integration and interoperability between the entities participating in the exercise in accordance with subsection d 5 Exercising the integration and interoperability of the cybersecurity operation centers of the Federal Government as appropriate in coordination with appropriate cabinet level officials g BRIEFING — 1 IN GENERAL —Not later than 180 days after the date on which each exercise required under subsection a is conducted the Secretary shall provide to the appropriate congressional committees a briefing on the exercise H R 6395—750 2 CONTENTS —Each briefing required under paragraph 1 shall include— A an assessment of the decision and response gaps observed in the exercise at issue B proposed recommendations to improve the resilience response and recovery of the United States to a significant cyber attack against critical infrastructure and C appropriate plans to address the recommendations proposed under subparagraph B h REPEAL —Subsection b of section 1648 of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114– 92 129 Stat 1119 is repealed i DEFINITIONS —In this section 1 APPROPRIATE CONGRESSIONAL COMMITTEES —The term ‘‘appropriate congressional committees’’ means— A the Committee on Armed Services of the Senate B the Committee on Armed Services of the House of Representatives C the Committee on Homeland Security and Governmental Affairs of the Senate D the Committee on Homeland Security of the House of Representatives E the Select Committee on Intelligence of the Senate F the Permanent Select Committee on Intelligence of the House of Representatives G the Committee on the Judiciary of the Senate H the Committee on the Judiciary of the House of Representatives I the Committee on Commerce Science and Transportation of the Senate J the Committee on Science Space and Technology of the House of Representatives K the Committee on Foreign Relations of the Senate and L the Committee on Foreign Affairs of the House of Representatives 2 ELEMENT OF THE INTELLIGENCE COMMUNITY —The term ‘‘element of the intelligence community’’ means an element specified or designated under section 3 of the National Security Act of 1947 50 U S C 3003 3 PRIVATE ENTITY —The term ‘‘private entity’’ has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 6 U S C 1501 4 SECRETARY —The term ‘‘Secretary’’ means the Secretary of Homeland Security 5 SECTOR-SPECIFIC AGENCY —The term ‘‘sector-specific agency’’ has the meaning given the term ‘‘Sector-Specific Agency’’ in section 2201 of the Homeland Security Act of 2002 6 U S C 651 6 STATE —The term ‘‘State’’ means any State of the United States the District of Columbia the Commonwealth of Puerto Rico the Northern Mariana Islands the United States Virgin Islands Guam American Samoa and any other territory or possession of the United States H R 6395—751 SEC 1745 CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY REVIEW a DHS REVIEW — 1 IN GENERAL —In order to strengthen the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security the Secretary of Homeland Security shall conduct a comprehensive review of the ability of the Agency to fulfill— A the missions of the Agency and B the recommendations detailed in the report issued by the Cyberspace Solarium Commission under section 1652 k of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 2 ELEMENTS OF REVIEW —The review conducted under paragraph 1 shall include the following elements A An assessment of how additional budget resources could be used by the Cybersecurity and Infrastructure Security Agency for projects and programs that— i support the national risk management mission ii support public and private-sector cybersecurity iii promote public-private integration and iv provide situational awareness of cybersecurity threats B A comprehensive force structure assessment of the Cybersecurity and Infrastructure Security Agency including— i a determination of the appropriate size and composition of personnel to accomplish the mission of the Agency as well as the recommendations detailed in the report issued by the Cyberspace Solarium Commission under section 1652 k of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 ii an assessment of whether existing personnel are appropriately matched to the prioritization of threats in the cyber domain and risks in critical infrastructure iii an assessment of whether the Agency has the appropriate personnel and resources to— I perform risk assessments threat hunting incident response to support both private and public cybersecurity II carry out the responsibilities of the Agency related to the security of Federal information and Federal information systems and III carry out the critical infrastructure responsibilities of the Agency including national risk management and iv an assessment of whether current structure personnel and resources of regional field offices are sufficient in fulfilling agency responsibilities and mission requirements 3 SUBMISSION OF REVIEW —Not later than one year after the date of the enactment of this Act the Secretary of Homeland Security shall submit to Congress a report detailing the results of the assessments required under paragraph 1 including recommendations to address any identified gaps b GENERAL SERVICES ADMINISTRATION REVIEW — H R 6395—752 1 IN GENERAL —The Administrator of the General Services Administration shall— A conduct a review of current Cybersecurity and Infrastructure Security Agency facilities and assess the suitability of such facilities to fully support current and projected mission requirements nationally and regionally and B make recommendations regarding resources needed to procure or build a new facility or augment existing facilities to ensure sufficient size and accommodations to fully support current and projected mission requirements including the integration of personnel from the private sector and other departments and agencies 2 SUBMISSION OF REVIEW —Not later than one year after the date of the enactment of this Act the Administrator of the General Services Administration shall submit the review required under subsection a to— A the President B the Secretary of Homeland Security and C the Committee on Homeland Security and Governmental Affairs the Committee on Appropriations and the Committee on Environment and Public Work of the Senate and the Committee on Homeland Security the Committee on Appropriations the Committee on Oversight and Reform and the Committee on Transportation and Infrastructure of the House of Representatives SEC 1746 REPORT ON ENABLING UNITED STATES CYBER COMMAND RESOURCE ALLOCATION a IN GENERAL —Not later than April 15 2021 the Secretary of Defense shall submit to the congressional defense committees a report detailing the actions the Secretary will undertake to implement clauses ii and iii of section 167b d 2 of title 10 United States Code including actions to ensure that the Commander of United States Cyber Command has enhanced authority direction and control of the Cyber Operations Forces and the equipment budget that enables Cyber Operations Forces’ operations and readiness beginning with the budget to be submitted to Congress by the President under section 1105 a of title 31 United States Code for fiscal year 2024 and the budget justification materials for the Department of Defense to be submitted to Congress in support of such budget b ELEMENTS —The report required by subsection a shall address the following items 1 The procedures by which the Principal Cyber Advisor PCA will exercise authority direction and oversight over the Commander of United States Cyber Command with respect to Cyber Operations Forces-peculiar equipment and resources 2 The procedures by which the Commander of United States Cyber Command will— A prepare and submit to the Secretary program recommendations and budget proposals for Cyber Operations Forces and for other forces assigned to United States Cyber Command and B exercise authority direction and control over the expenditure of funds for— H R 6395—753 i forces assigned to United States Cyber Command and ii Cyber Operations Forces assigned to other unified combatant commands 3 Recommendations for actions to enable the Commander of United States Cyber Command to execute the budget and acquisition responsibilities of the Commander in excess of currently imposed limits on the Cyber Operations Procurement Fund including potential increases in personnel to support the Commander 4 The procedures by which the Secretary will categorize and track funding obligated or expended for Cyber Operations Forces-peculiar equipment and capabilities 5 The methodology and criteria by which the Secretary will characterize equipment as being Cyber Operations Forcespeculiar SEC 1747 ENSURING CYBER RESILIENCY OF NUCLEAR COMMAND AND CONTROL SYSTEM a PLAN FOR IMPLEMENTATION OF FINDINGS AND RECOMMENDATIONS FROM FIRST ANNUAL ASSESSMENT OF CYBER RESILIENCY OF NUCLEAR COMMAND AND CONTROL SYSTEM —Not later than October 1 2021 the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan including a schedule and resourcing plan for the implementation of the findings and recommendations included in the first report submitted under section 499 c 3 of title 10 United States Code b CONCEPT OF OPERATIONS AND OVERSIGHT MECHANISM FOR CYBER DEFENSE OF NUCLEAR COMMAND AND CONTROL SYSTEM — Not later than October 1 2021 the Secretary shall develop and establish— 1 a concept of operations for defending the nuclear command and control system against cyber attacks including specification of the— A roles and responsibilities of relevant entities within the Office of the Secretary the military services combatant commands the Defense Agencies and the Department of Defense Field Activities and B cybersecurity capabilities to be acquired and employed and operational tactics techniques and procedures including cyber protection team and sensor deployment strategies to be used to monitor defend and mitigate vulnerabilities in nuclear command and control systems and 2 an oversight mechanism or governance model for overseeing the implementation of the concept of operations developed and established under paragraph 1 related development systems engineering and acquisition activities and programs and the plan required by subsection a including specification of the— A roles and responsibilities of relevant entities within the Office of the Secretary the military services combatant commands the Defense Agencies and the Department of Defense Field Activities in overseeing the defense of the nuclear command and control system against cyber attacks H R 6395—754 B responsibilities and authorities of the Strategic Cybersecurity Program in overseeing and as appropriate executing— i vulnerability assessments and ii development systems engineering and acquisition activities and C processes for coordination of activities policies and programs relating to the cybersecurity and defense of the nuclear command and control system SEC 1748 REQUIREMENTS FOR REVIEW OF AND LIMITATIONS ON THE JOINT REGIONAL SECURITY STACKS ACTIVITY a INDEPENDENT REVIEW — 1 IN GENERAL —Not later than 30 days after the date of the enactment of this Act the Secretary of Defense shall seek to enter into a contract with a not-for-profit entity or federally-funded research and development center independent of the Department of Defense to conduct a review of the Joint Regional Security Stacks program 2 MATTERS FOR INCLUSION —The review conducted under paragraph 1 shall include each of the following A An assessment of the efficacy of the Joint Regional Security Stacks program and how such program has been managed and executed B An analysis of the capabilities and performance of the program as compared to alternative solutions utilizing commercial products and services C An evaluation of the program’s ability to meet Department of Defense performance metrics D An assessment of what measures would be required for the program to meet future to meet cost and schedule milestones including training requirements b BASELINE REVIEW — 1 IN GENERAL —Not later than 30 days after the date of the enactment of this Act the Secretary of Defense shall undertake a baseline review of the Joint Regional Security Stacks program 2 ELEMENTS —The baseline review undertaken pursuant to paragraph 1 shall determine whether the Joint Regional Security Stacks program— A should proceed as a program of record with modifications as specified in subsection c for exclusively the Non-Classified Internet Protocol Network NIPRNET or for such network and the Secret Internet Protocol Network SIPRNET or B should be phased out across the Department of Defense with each of the Joint Regional Security Stacks replaced through the institution of cost-effective and capable networking and cybersecurity technologies architectures and operational concepts within five years of the date of the enactment of this Act 3 INCORPORATION —The baseline review shall incorporate the results of the review conducted under subsection a c PLAN TO TRANSITION TO PROGRAM OF RECORD —If the Secretary of Defense determines under subsection b that the Joint Regional Security Stacks program should proceed not later than October 1 2021 the Secretary shall develop a plan to transition H R 6395—755 such program to a program of record governed by standard Department of Defense acquisition program requirements and practices including the following 1 Baseline operational requirements documentation 2 An acquisition strategy and baseline 3 A program office and responsible program manager under the oversight of the Under Secretary of Defense for Acquisition and Sustainment and the Chief Information Officer of the Department of Defense responsible for pertinent doctrine organization training materiel leadership and education personnel facilities and policy matters and the development of effective tactics techniques and procedures 4 Manning and training requirements documentation 5 Operational test planning d LIMITATIONS — 1 LIMITATION ON USE OF FUNDS —None of the funds authorized to be appropriated by this Act may be used to field Joint Regional Security Stacks on the Secret Internet Protocol Network in fiscal year 2021 2 LIMITATION ON OPERATIONAL DEPLOYMENT —The Secretary of Defense may not conduct an operational deployment of Joint Regional Security Stacks to the Secret Internet Protocol Network in fiscal year 2021 e SUBMISSION TO CONGRESS —Not later than December 1 2021 the Secretary shall submit to the congressional defense committees— 1 the findings of the Secretary with respect to the baseline review conducted pursuant to subsection b 2 the plan developed under subsection c if any and 3 a proposal for the replacement of Joint Regional Security Stacks if the Secretary determines under subsection b that it should be replaced SEC 1749 IMPLEMENTATION OF INFORMATION OPERATIONS MATTERS a LIMITATION ON FUNDING —Of the amounts authorized to be appropriated for fiscal year 2021 by section 301 for operation and maintenance and available for the Office of the Secretary of Defense for the travel of persons as specified in the table in section 4301— 1 not more than 25 percent shall be available until the date on which the report required by subsection h 1 of section 1631 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 is submitted to the Committee on Armed Services of the Senate and the Committee on Armed Services House of Representatives and 2 not more than 75 percent shall be available until the date on which the strategy and posture review required by subsection g of such section is submitted to such committees b REQUIREMENTS OF STRATEGY AND POSTURE REVIEW —Paragraph 1 of section 1631 g of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 10 U S C 397 note — 1 in subparagraph D by striking the semicolon 2 in subparagraph E by striking the period and inserting ‘‘ and’’ and 3 by adding at the end the following new subparagraph H R 6395—756 ‘‘ F designate a Department of Defense entity to develop apply and continually refine an assessment capability for defining and measuring the impact of Department information operations which entity shall be organizationally independent of Department components performing or otherwise engaged in operational support to Department information operations ’’ SEC 1750 REPORT ON USE OF ENCRYPTION BY DEPARTMENT OF DEFENSE NATIONAL SECURITY SYSTEMS Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall submit to Congress a report detailing the mission need and efficacy of full disk encryption across Non-classified Internet Protocol Router Network NIPRNet and Secretary Internet Protocol Router Network SIPRNet endpoint computer systems Such report shall cover matters relating to cost mission impact and implementation timeline SEC 1751 GUIDANCE AND DIRECTION ON USE OF DIRECT HIRING PROCESSES FOR ARTIFICIAL INTELLIGENCE PROFESSIONALS AND OTHER DATA SCIENCE AND SOFTWARE DEVELOPMENT PERSONNEL a GUIDANCE REQUIRED —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall review applicable Department of Defense guidance and where beneficial issue new guidance to the secretaries of the military departments and the heads of the defense components on improved use of the direct hiring processes for artificial intelligence professionals and other data science and software development personnel b OBJECTIVE —The objective of the guidance issued under subsection a shall be to ensure that organizational leaders assume greater responsibility for the results of civilian hiring of artificial intelligence professionals and other data science and software development personnel c CONTENTS OF GUIDANCE —At a minimum the guidance required by subsection a shall— 1 instruct human resources professionals and hiring authorities to utilize available direct hiring authorities including excepted service authorities for the hiring of artificial intelligence professionals and other data science and software development personnel to the maximum extent practicable 2 instruct hiring authorities when using direct hiring authorities to prioritize utilization of panels of subject matter experts over human resources professionals to assess applicant qualifications and determine which applicants are best qualified for a position 3 authorize and encourage the use of ePortfolio reviews to provide insight into the previous work of applicants as a tangible demonstration of capabilities and contribute to the assessment of applicant qualifications by subject matter experts and 4 encourage the use of referral bonuses for recruitment and hiring of highly qualified artificial intelligence professionals and other data science and software development personnel in accordance with volume 451 of Department of Defense Instruction 1400 25 d REPORT — H R 6395—757 1 IN GENERAL —Not later than one year after the date on which the guidance is issued under subsection a the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the guidance issued pursuant to subsection a 2 CONTENTS —At a minimum the report submitted under paragraph 1 shall address the following A The objectives of the guidance and the manner in which the guidance seeks to achieve those objectives B The effect of the guidance on the hiring process for artificial intelligence professionals and other data science and software development personnel including the effect on— i hiring time ii the use of direct hiring authority iii the use of subject matter experts and iv the quality of new hires as assessed by hiring managers and organizational leaders SEC 1752 NATIONAL CYBER DIRECTOR a ESTABLISHMENT —There is established within the Executive Office of the President the Office of the National Cyber Director in this section referred to as the ‘‘Office’’ b NATIONAL CYBER DIRECTOR — 1 IN GENERAL —The Office shall be headed by the National Cyber Director in this section referred to as the ‘‘Director’’ who shall be appointed by the President by and with the advice and consent of the Senate 2 POSITION —The Director shall hold office at the pleasure of the President 3 PAY AND ALLOWANCES —The Director shall be entitled to receive the same pay and allowances as are provided for level II of the Executive Schedule under section 5313 of title 5 United States Code c DUTIES OF THE NATIONAL CYBER DIRECTOR — 1 IN GENERAL —Subject to the authority direction and control of the President the Director shall— A serve as the principal advisor to the President on cybersecurity policy and strategy relating to the coordination of— i information security and data protection ii programs and policies intended to improve the cybersecurity posture of the United States iii efforts to understand and deter malicious cyber activity iv efforts to increase the security of information and communications technology and services and to promote national supply chain risk management and vendor security v diplomatic and other efforts to develop norms and international consensus around responsible state behavior in cyberspace vi awareness and adoption of emerging technology that may enhance augment or degrade the cybersecurity posture of the United States and H R 6395—758 vii such other cybersecurity matters as the President considers appropriate B offer advice and consultation to the National Security Council and its staff the Homeland Security Council and its staff and relevant Federal departments and agencies for their consideration relating to the development and coordination of national cyber policy and strategy including the National Cyber Strategy C lead the coordination of implementation of national cyber policy and strategy including the National Cyber Strategy by— i in coordination with the heads of relevant Federal departments or agencies monitoring and assessing the effectiveness including cost-effectiveness of the implementation of such national cyber policy and strategy by Federal departments and agencies ii making recommendations relevant to changes in the organization personnel and resource allocation and to policies of Federal departments and agencies to the heads of relevant Federal departments and agencies in order to implement such national cyber policy and strategy iii reviewing the annual budget proposals for relevant Federal departments and agencies and advising the heads of such departments and agencies whether such proposals are consistent with such national cyber policy and strategy iv continuously assessing and making relevant recommendations to the President on the appropriate level of integration and interoperability across the Federal cyber centers v coordinating with the Attorney General the Federal Chief Information Officer the Director of the Office of Management and Budget the Director of National Intelligence and the Director of the Cybersecurity and Infrastructure Security Agency on the streamlining of Federal policies and guidelines including with respect to implementation of subchapter II of chapter 35 of title 44 United States Code and as appropriate or applicable regulations relating to cybersecurity vi reporting annually to the President the Assistant to the President for National Security Affairs and Congress on the state of the cybersecurity posture of the United States the effectiveness of such national cyber policy and strategy and the status of the implementation of such national cyber policy and strategy by Federal departments and agencies and vii such other activity as the President considers appropriate to further such national cyber policy and strategy D lead coordination of the development and ensuring implementation by the Federal Government of integrated incident response to cyberattacks and cyber campaigns of significant consequence including— i ensuring and facilitating coordination among relevant Federal departments and agencies in the H R 6395—759 development of integrated operational plans processes and playbooks including for incident response that feature— I clear lines of authority and lines of effort across the Federal Government II authorities that have been delegated to an appropriate level to facilitate effective operational responses across the Federal Government and III support for the integration of defensive cyber plans and capabilities with offensive cyber plans and capabilities in a manner consistent with improving the cybersecurity posture of the United States ii ensuring the exercising of defensive operational plans processes and playbooks for incident response iii ensuring the updating of defensive operational plans processes and playbooks for incident response as needed to keep them updated and iv reviewing and ensuring that defensive operational plans processes and playbooks improve coordination with relevant private sector entities as appropriate E preparing the response by the Federal Government to cyberattacks and cyber campaigns of significant consequence across Federal departments and agencies with responsibilities pertaining to cybersecurity and with the relevant private sector entities including— i developing for the approval of the President in coordination with the Assistant to the President for National Security Affairs and the heads of relevant Federal departments and agencies operational priorities requirements and plans ii ensuring incident response is executed consistent with the plans described in clause i and iii ensuring relevant Federal department and agency consultation with relevant private sector entities in incident response F coordinate and consult with private sector leaders on cybersecurity and emerging technology issues in support of and in coordination with the Director of the Cybersecurity and Infrastructure Security Agency the Director of National Intelligence and the heads of other Federal departments and agencies as appropriate G annually report to Congress on cybersecurity threats and issues facing the United States including any new or emerging technologies that may affect national security economic prosperity or enforcing the rule of law and H be responsible for such other functions as the President may direct 2 DELEGATION OF AUTHORITY — A The Director may— i serve as the senior representative to any organization that the President may establish for the purpose of providing the President advice on cybersecurity ii subject to subparagraph B be included as a participant in preparations for and when appropriate the H R 6395—760 execution of domestic and international summits and other international meetings at which cybersecurity is a major topic iii delegate any of the Director’s functions powers and duties to such officers and employees of the Office as the Director considers appropriate and iv authorize such successive re-delegations of such functions powers and duties to such officers and employees of the Office as the Director considers appropriate B In acting under subparagraph A ii in the case of a summit or a meeting with an international partner the Director shall act in coordination with the Secretary of State d ATTENDANCE AND PARTICIPATION IN NATIONAL SECURITY COUNCIL MEETINGS —Section 101 c 2 of the National Security Act of 1947 50 U S C 3021 c 2 is amended by striking ‘‘and the Chairman of the Joint Chiefs of Staff’’ and inserting ‘‘the Chairman of the Joint Chiefs of Staff and the National Cyber Director’’ e POWERS OF THE DIRECTOR —The Director may for the purposes of carrying out the functions of the Director under this section— 1 subject to the civil service and classification laws select appoint employ and fix the compensation of such officers and employees as are necessary and prescribe their duties except that not more than 75 individuals may be employed without regard to any provision of law regulating the employment or compensation at rates not to exceed the basic rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5 United States Code 2 employ experts and consultants in accordance with section 3109 of title 5 United States Code and compensate individuals so employed for each day including travel time at rates not in excess of the maximum rate of basic pay for grade GS–15 as provided in section 5332 of such title and while such experts and consultants are so serving away from their homes or regular place of business to pay such employees travel expenses and per diem in lieu of subsistence at rates authorized by section 5703 of such title 5 for persons in Federal Government service employed intermittently 3 promulgate such rules and regulations as may be necessary to carry out the functions powers and duties vested in the Director 4 utilize with their consent the services personnel and facilities of other Federal agencies 5 enter into and perform such contracts leases cooperative agreements or other transactions as may be necessary in the conduct of the work of the Office and on such terms as the Director may determine appropriate with any Federal agency or with any public or private person or entity 6 accept voluntary and uncompensated services notwithstanding the provisions of section 1342 of title 31 United States Code 7 adopt an official seal which shall be judicially noticed and 8 provide where authorized by law copies of documents to persons at cost except that any funds so received shall be credited to and be available for use from the account from which expenditures relating thereto were made H R 6395—761 f RULES OF CONSTRUCTION —Nothing in this section may be construed as— 1 modifying any authority or responsibility including any operational authority or responsibility of any head of a Federal department or agency 2 authorizing the Director or any person acting under the authority of the Director to interfere with or to direct a criminal or national security investigation arrest search seizure or disruption operation 3 amending a legal restriction that was in effect on the day before the date of the enactment of this Act that requires a law enforcement agency to keep confidential information learned in the course of a criminal or national security investigation 4 authorizing the Director or any person acting under the authority of the Director to interfere with or to direct a military operation 5 authorizing the Director or any person acting under the authority of the Director to interfere with or to direct any diplomatic or consular activity 6 authorizing the Director or any person acting under the authority of the Director to interfere with or to direct an intelligence activity resource or operation or 7 authorizing the Director or any person acting under the authority of the Director to modify the classification of intelligence information g DEFINITIONS —In this section 1 The term ‘‘cybersecurity posture’’ means the ability to identify to protect against to detect to respond to and to recover from an intrusion in an information system the compromise of which could constitute a cyber attack or cyber campaign of significant consequence 2 The term ‘‘cyber attack and cyber campaign of significant consequence’’ means an incident or series of incidents that has the purpose or effect of— A causing a significant disruption to the confidentiality integrity or availability of a Federal information system B harming or otherwise significantly compromising the provision of service by a computer or network of computers that support one or more entities in a critical infrastructure sector C significantly compromising the provision of services by one or more entities in a critical infrastructure sector D causing a significant misappropriation of funds or economic resources trade secrets personal identifiers or financial information for commercial or competitive advantage or private financial gain or E otherwise constituting a significant threat to the national security foreign policy or economic health or financial stability of the United States 3 The term ‘‘incident’’ has the meaning given such term in section 3552 of title 44 United States Code 4 The term ‘‘incident response’’ means a government or private sector activity that detects mitigates or recovers from a cyber attack or cyber campaign of significant consequence H R 6395—762 5 The term ‘‘information security’’ has the meaning given such term in section 3552 of title 44 United States Code 6 The term ‘‘intelligence’’ has the meaning given such term in section 3 of the National Security Act of 1947 50 U S C 3003 TITLE XVIII—TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES TITLE XVIII—TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES Sec 1801 Transfer and reorganization of defense acquisition statutes Sec Sec Sec Sec Sec 1806 1807 1808 1809 1810 Subtitle A—Definitions Definitions General matters Defense acquisition system Budgeting and appropriations 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 Awarding of contracts Specific types of contracts Other matters relating to awarding of contracts Undefinitized contractual actions Task and delivery order contracts Acquisition of commercial products and commercial services Multiyear contracts Simplified acquisition procedures Rapid acquisition procedures Contracts for long-term lease or charter of vessels aircraft and combat vehicles Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 Sec Sec Sec Sec Sec Sec Sec Sec 1831 1832 1833 1834 1835 1836 1837 1838 Subtitle D—General Contracting Provisions Cost or pricing data Allowable costs Proprietary contractor data and rights in technical data Contract financing Contractor audits and accounting Claims and disputes Foreign acquisitions Socioeconomic programs Sec Sec Sec Sec Sec 1841 1842 1843 1844 1845 Subtitle E—Research and Engineering Research and engineering generally Innovation Department of Defense laboratories Research and development centers and facilities 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 H R 6395—763 Subtitle G—Other Special Categories of Contracting Sec 1856 Acquisition of services generally Sec 1857 Acquisition of information technology Sec Sec Sec Sec 1861 1862 1863 1864 Subtitle H—Contract Management Contract administration Prohibitions and penalties Contractor workforce Other administrative matters Sec Sec Sec Sec Sec Sec Sec Sec 1866 1867 1868 1869 1870 1871 1872 1873 Subtitle I—Defense Industrial Base Defense industrial base generally Policies and planning Development application and support of dual-use technologies Manufacturing technology Other technology base policies and programs Small business programs Procurement technical assistance cooperative agreement program 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 SEC 1801 TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES a ACTIVITIES —Not later than February 1 2021 the Secretary of Defense shall establish a process to engage interested parties and experts from the public and private sectors as determined appropriate by the Secretary in a comprehensive review of this title and the amendments made by this title b ASSESSMENT AND REPORT —Not later than March 15 2021 the Secretary of Defense shall submit to the congressional defense committees a report evaluating this title and the amendments made by this title that shall include the following elements 1 Specific recommendations for modifications to the legislative text of this title and the amendments made by this title along with a list of conforming amendments to law required by this title and the amendments made by this title 2 A summary of activities conducted pursuant to the process established under subsection a including an assessment of the effect of this title and the amendments made by this title on related Department of Defense activities guidance and interagency coordination 3 An implementation plan for updating the regulations and guidance relating to this title and the amendments made by this title that contains the following elements A A description of how the plan will be implemented B A schedule with milestones for the implementation of the plan C A description of the assignment of roles and responsibilities for the implementation of the plan H R 6395—764 D A description of the resources required to implement the plan E A description of how the plan will be reviewed and assessed to monitor progress 4 Such other items as the Secretary considers appropriate d ENACTMENT AND IMPLEMENTATION — 1 DELAYED ENACTMENT —Except as specifically provided this title and the amendments made by this title shall take effect on January 1 2022 2 DELAYED IMPLEMENTATION —Not later than January 1 2023 the Secretary of Defense shall take such action as necessary to revise or modify the Department of Defense Supplement to the Federal Acquisition Regulation and other existing authorities affected by the enactment of this title and the amendments made by this title 3 APPLICABILITY — A IN GENERAL —The Secretary of Defense shall apply the law as in effect on December 31 2021 with respect to contracts entered into during the covered period B COVERED PERIOD DEFINED —In this paragraph the term ‘‘covered period’’ means the period beginning on January 1 2022 and ending on the earlier of— i the date on which the Secretary of Defense revises or modifies authorities pursuant to paragraph 2 or ii January 1 2023 Subtitle A—Definitions SEC 1806 DEFINITIONS a NEW CHAPTER — 1 NEW SUBCHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 is amended by striking chapter 201 and inserting the following ‘‘CHAPTER 201—DEFINITIONS ‘‘Subchapter ‘‘I Definitions Relating to Defense Acquisition System Generally ‘‘II Definitions Applicable to Procurement Generally ‘‘III Definitions Relating to Major Systems and Major Defense Acquisition Programs Sec 3001 3011 3041 ‘‘SUBCHAPTER I—DEFINITIONS RELATING TO DEFENSE ACQUISITION SYSTEM GENERALLY ‘‘Sec ‘‘3001 ‘‘3002 ‘‘3003 ‘‘3004 ‘‘3005 ‘‘3006 Defense acquisition system element of the defense acquisition system Federal Acquisition Regulation Defense Federal Acquisition Regulation Supplement Head of an agency Service chief concerned Acquisition workforce H R 6395—765 ‘‘§ 3001 Defense acquisition system element of the defense acquisition system ‘‘§ 3002 Federal Acquisition Regulation ‘‘§ 3003 Defense Federal Acquisition Regulation Supplement ‘‘øReserved¿ ‘‘§ 3004 Head of an agency ‘‘§ 3005 Service chief concerned ‘‘øReserved¿ ‘‘§ 3006 Acquisition workforce ‘‘For the definition of the term ‘acquisition workforce’ for the purposes of this part see section 101 a 18 of this title ’’ 2 TRANSFER OF SECTION 2545 2 —Paragraph 2 of section 2545 of title 10 United States Code is transferred to section 3001 of such title as added by paragraph 1 inserted after the section heading redesignated as subsection a realigned 2 ems to the left and amended— A by striking ‘‘The term’’ and inserting ‘‘DEFENSE ACQUISITION SYSTEM —In this part the term’’ B by striking ‘‘means the’’ and inserting ‘‘means— ‘‘ 1 the’’ C by striking ‘‘of Defense the management’’ and inserting ‘‘of Defense ‘‘ 2 the management’’ and D by striking ‘‘of Defense and the’’ and inserting ‘‘of Defense and ‘‘ 3 the’’ 3 TRANSFER OF SECTION 2545 3 —Paragraph 3 of section 2545 of title 10 United States Code is transferred to section 3001 of such title as added by paragraph 1 inserted after subsection a as transferred and redesignated by paragraph 2 redesignated as subsection b realigned 2 ems to the left and amended— A by striking ‘‘The term’’ and inserting ‘‘ELEMENT OF THE DEFENSE ACQUISITION SYSTEM —In this part the term’’ B by striking ‘‘organization that employs’’ and inserting ‘‘organization that— ‘‘ 1 employs’’ C by striking ‘‘workforce carries out’’ and inserting ‘‘workforce ‘‘ 2 carries out’’ and D by striking ‘‘functions and focuses’’ and inserting ‘‘functions and ‘‘ 3 focuses’’ 4 TRANSFER OF SECTION 2545 1 —Paragraph 1 of section 2545 of title 10 United States Code is transferred to section 3001 of such title as added by paragraph 1 inserted after subsection b as transferred and redesignated by paragraph 3 redesignated as subsection c realigned 2 ems to the left and amended by striking ‘‘The term’’ and inserting ‘‘ACQUISITION —In this section the term’’ 5 TRANSFER OF SECTION 2302 6 —Paragraph 6 of section 2302 of title 10 United States Code is transferred to section H R 6395—766 3002 of such title as added by paragraph 1 inserted after the section heading realigned 2 ems to the left and amended— A by striking the paragraph designation and B by striking ‘‘The term’’ and inserting ‘‘In this part the term’’ 6 TRANSFER OF SECTION 2302 1 —Paragraph 1 of section 2302 of title 10 United States Code is transferred to section 3004 of such title as added by paragraph 1 inserted after the section heading realigned 2 ems to the left and amended— A by striking the paragraph designation and B by striking ‘‘The term’’ and inserting ‘‘In this part the term’’ b NEW SUBCHAPTER II — 1 IN GENERAL —Such chapter is further amended by adding at the end the following new subchapter ‘‘SUBCHAPTER II—DEFINITIONS APPLICABLE TO PROCUREMENT GENERALLY ‘‘Sec ‘‘3011 ‘‘3012 ‘‘3013 ‘‘3014 ‘‘3015 ‘‘3016 Definitions incorporated from title 41 Competitive procedures Technical data Nontraditional defense contractor Simplified acquisition threshold Chapter 137 legacy provisions ‘‘§ 3011 Definitions incorporated from title 41 ‘‘§ 3012 Competitive procedures ‘‘§ 3013 Technical data ‘‘§ 3014 Nontraditional defense contractor ‘‘§ 3015 Simplified acquisition threshold’’ 2 TRANSFER OF 2302 3 —Paragraph 3 of section 2302 of such title is transferred to section 3011 of such title as added by paragraph 1 inserted after the section heading realigned 2 ems to the left and amended— A by striking the paragraph designation B by striking ‘‘The following’’ and inserting ‘‘In any chapter 137 legacy provision the following’’ and C by redesignating subparagraphs A through M as paragraphs 1 through 13 respectively 3 TRANSFER OF 2302 2 —Paragraph 2 of section 2302 of such title is transferred to section 3012 of such title as added by paragraph 1 inserted after the section heading realigned 2 ems to the left and amended— A by striking the paragraph designation B by striking ‘‘The term’’ and inserting ‘‘In this part the term’’ C by redesignating subparagraphs A B C D and E as paragraphs 1 2 3 4 and 5 respectively and D by redesignating clauses i and ii of paragraph 3 as so redesignated as subparagraphs A and B respectively 4 TRANSFER OF 2302 4 —Paragraph 4 of section 2302 of such title is transferred to section 3013 of such title as H R 6395—767 added by paragraph 1 inserted after the section heading realigned 2 ems to the left and amended— A by striking the paragraph designation and B by striking ‘‘The term’’ and inserting ‘‘In any chapter 137 legacy provision the term’’ 5 TRANSFER OF 2302 9 —Paragraph 9 of section 2302 of such title is transferred to section 3014 of such title as added by paragraph 1 inserted after the section heading realigned 2 ems to the left and amended— A by striking the paragraph designation B by striking ‘‘The term’’ and inserting ‘‘In this part the term’’ and C by striking ‘‘section 2371 a or 2371b’’ and inserting ‘‘section 4002 a or 4003’’ 6 TRANSFER OF 2302 7 8 —Paragraphs 7 and 8 of section 2302 of such title are transferred to section 3015 of such title as added by paragraph 1 and redesignated as paragraphs 1 and 2 respectively and such section is further amended by inserting before paragraph 1 as so redesignated the following ‘‘In this part ’’ 7 CHAPTER 137 LEGACY PROVISIONS DEFINED —Subchapter II of such chapter as added by paragraph 1 is further amended by adding at the following new section ‘‘§ 3016 Chapter 137 legacy provisions ‘‘In this part the term ‘chapter 137 legacy provisions’ means the following sections of this title sections 3002 3004 3011–3015 3041 3063–3069 3134 3151–3157 3201–3208 3221–3227 3241 3243 3249 3252 3301–3309 3321–3323 3344 3345 3371–3375 3377 3401 3403 3405 3406 3501–3511 3531–3535 3571 3572 3573 3701–3708 3741–3750 3761 3771–3775 3781–3786 3791 3794 3801–3807 3841 3842 3847 3881 3901 3902 4202 b 4324 4325 4501 4502 4505 4506 4507 4576 4657 4660 4751 4752 and 8751 ’’ c NEW SUBCHAPTER III — 1 IN GENERAL —Such chapter is further amended by adding after subchapter II as added by subsection b the following new subchapter ‘‘SUBCHAPTER III—DEFINITIONS RELATING TO MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS ‘‘Sec ‘‘3041 Major system ‘‘3042 Major defense acquisition program ‘‘§ 3041 Major system ‘‘§ 3042 Major defense acquisition program ‘‘For the definition of the term ‘major defense acquisition program’ for purposes of this part see section 4201 of this title ’’ 2 TRANSFER OF 2302 5 —Paragraph 5 of section 2302 of such title is transferred to section 3041 of such title as added by paragraph 1 inserted after the section heading realigned 2 ems to the left redesignated as subsection a and amended— H R 6395—768 A by striking ‘‘The term’’ and inserting ‘‘IN GENthis part other than in sections 4292 e and 4321 the term’’ B by designating the third sentence as subsection b C in subsection b as so designated— i by inserting ‘‘SYSTEM CONSIDERED TO BE A MAJOR SYSTEM —’’ before ‘‘A system shall be’’ and ii by striking ‘‘system if A ’’ and all that follows and inserting ‘‘system if— ‘‘ 1 the conditions of subsection c or d as applicable are satisfied or ‘‘ 2 the system is designated a ‘major system’ by the head of the agency responsible for the system ’’ 3 TRANSFER OF 2302D A AND B —Subsections a and b of section 2302d of such title are transferred to section 3041 of such title as amended by paragraph 2 inserted after subsection b as designated by paragraph 2 B redesignated as subsections c and d respectively and amended— A by striking ‘‘section 2302 5 of this title’’ in both subsections and inserting ‘‘subsection b ’’ and B in subsection c as so redesignated— i by striking ‘‘SYSTEMS —For purposes of’’ and inserting ‘‘SYSTEMS — ‘‘ 1 IN GENERAL —For purposes of’’ ii by redesignating paragraphs 1 and 2 as subparagraphs A and B respectively and iii by adding at the end the following new paragraph ‘‘ 2 ADJUSTMENT AUTHORITY —Authority for the Secretary of Defense to adjust amounts and the base fiscal year in effect under this subsection is provided in section 4202 b of this title ’’ d CONFORMING REPEAL —Section 2302 of title 10 United States Code is repealed e CONFORMING CROSS-REFERENCE AMENDMENTS — 1 HEAD OF AN AGENCY —The following provisions of law are amended by striking ‘‘section 2302 1 ’’ and inserting ‘‘section 3004’’ A Section 2218 k 4 of title 10 United States Code B Section 2646 c 1 of title 10 United States Code 2 MAJOR SYSTEM —The following provisions of law are amended by striking ‘‘section 2302 5 ’’ and inserting ‘‘section 3041’’ A Section 933 e 1 A of the National Defense Authorization Act for Fiscal Year 2013 Public Law 112– 239 10 U S C 2224 note B Section 932 b 1 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 Public Law 111–383 10 U S C 2224 note C Section 254 f 1 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 Public Law 110–417 10 U S C 2302 note D Section 812 k of the John Warner National Defense Authorization Act for Fiscal Year 2007 Public Law 109–364 10 U S C 2302 note ERAL —In H R 6395—769 E Section 4471 f 1 of the National Defense Authorization Act for Fiscal Year 1993 Public Law 102– 484 10 U S C 2501 note 3 NONTRADITIONAL DEFENSE CONTRACTOR —The following provisions of law are amended by striking ‘‘section 2302 9 ’’ or ‘‘section 2302’’ as the case may be and inserting ‘‘section 3014’’ A Section 1110 b 2 of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114– 92 10 U S C 1701 note B Section 217 e 2 D of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114– 92 10 U S C 2222 note C Section 843 c 4 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 10 U S C 2302 note D Section 884 e 1 of the National Defense Authorization Act for Fiscal Year 2017 Public Law 114– 328 10 U S C 2302 note E Section 866 e 3 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 Public Law 111–383 10 U S C 2302 note F Section 831 o 2 H i of the National Defense Authorization Act for Fiscal Year 1991 Public Law 101– 510 10 U S C 2302 note 4 SIGNIFICANT NONMAJOR DEFENSE ACQUISITION PROGRAM —Section 1737 a 3 of title 10 United States Code is amended by striking ‘‘section 2302 5 A ’’ both places it appears and inserting ‘‘section 3041 b 1 ’’ 5 SIMPLIFIED ACQUISITION THRESHOLD —Section 801 f 4 of the National Defense Authorization Act for Fiscal Year 2008 Public Law 110–181 10 U S C 2304 note is amended by striking ‘‘section 2302 7 ’’ and inserting ‘‘section 3015 a ’’ SEC 1807 GENERAL MATTERS a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 203 and inserting the following ‘‘CHAPTER 203—GENERAL MATTERS ‘‘Sec ‘‘3061 ‘‘3062 ‘‘3063 ‘‘3064 ‘‘3065 øReserved¿ Regulations Covered agencies Applicability chapter 137 legacy provisions Assignment and delegation of procurement functions and responsibilities delegation within agency ‘‘3066 Assignment and delegation of procurement functions and responsibilities procurements for or with other agencies ‘‘3067 Approval required for military department termination or reduction in participation in joint acquisition programs ‘‘3068 Inapplicability of certain laws ‘‘3069 Buy-to-budget acquisition end items ‘‘3070 Limitation on acquisition of excess supplies ‘‘3071 øReserved¿ ‘‘3072 Comptroller General assessment of acquisition programs and initiatives ’’ b SECTION 2202 OF TITLE 10 PARTIAL — H R 6395—770 1 IN GENERAL —Chapter 203 of title 10 United States Code as amended by subsection a is amended by inserting after the table of sections the following new sections ‘‘§ 3062 Regulations ‘‘The Secretary of Defense shall prescribe regulations governing the performance within the Department of Defense of the procurement functions and related functions of the Department of Defense ’’ 2 CONFORMING AMENDMENTS — A Section 2202 of title 10 United States Code is amended by striking ‘‘procurement ’’ B The heading of such section and the item relating to such section in the table of sections at the beginning of chapter 131 of such title are amended by striking the third word and the comma following that word c SECTION 2303 OF TITLE 10 — 1 IN GENERAL —Chapter 203 of title 10 United States Code is amended by adding after section 3062 as added by subsection b the following new sections ‘‘§ 3063 Covered agencies ‘‘For purposes of any provision of law referring to this section the agencies named in this section are the following ‘‘§ 3064 Applicability of chapter 137 legacy provisions’’ 2 TRANSFER OF LIST OF COVERED AGENCIES —Paragraphs 1 through 6 of section 2303 a of title 10 United States Code are transferred to the end of section 3063 of such title as added by paragraph 1 3 TRANSFER OF APPLICABILITY PROVISIONS —Subsection a as amended by paragraph 2 and subsection b of section 2303 of such title are transferred to section 3064 of such title as added by paragraph 1 inserted after the section heading and amended— A in subsection a — i by striking ‘‘This chapter’’ and inserting ‘‘GENERAL APPLICABILITY —Any provision of this part that is a chapter 137 legacy provision ’’ ii by striking ‘‘of the following agencies’’ and inserting ‘‘by any of the agencies named in section 3063 of this title’’ and iii by striking the colon after ‘‘funds’’ and inserting a period and B in subsection b by striking ‘‘The provisions of this chapter’’ and inserting ‘‘APPLICABILITY TO CONTRACTS FOR INSTALLATION OR ALTERATION —The provisions of this part that are chapter 137 legacy provisions’’ 4 CONFORMING REPEAL —Section 2303 of title 10 United States Code is repealed d TRANSFER OF SECTION 2311 OF TITLE 10 — 1 TRANSFER —Section 2311 of title 10 United States Code is transferred to chapter 203 of such title inserted after section 3064 as added by subsection c and redesignated as section 3065 2 DIVISION INTO THREE SECTIONS —The text transferred and redesignated by paragraph 1 is amended— H R 6395—771 A by inserting after subsection a the following new section heading ‘‘§ 3066 Assignment and delegation of procurement functions and responsibilities procurements for or with other agencies’’ B by inserting after subsection b the following new section heading ‘‘§ 3067 Approval required for military department termination or reduction in participation in joint acquisition programs’’ C in section 3065 as so redesignated— i by striking ‘‘ a IN GENERAL —’’ and ii by striking ‘‘under this chapter’’ and inserting ‘‘under any provision of this part that is a chapter 137 legacy provision’’ D in section 3066 as so designated— i by striking ‘‘ b PROCUREMENTS FOR OR WITH OTHER AGENCIES —Subject to subsection a ’’ and inserting ‘‘Subject to section 3065 of this title’’ ii by striking ‘‘covered by this chapter’’ and inserting ‘‘covered by any provision of this part that is a chapter 137 legacy provision’’ and iii by striking ‘‘section 2303’’ and inserting ‘‘section 3063’’ and E in section 3067 as so designated— i by redesignating subsection c as subsection a ii by striking ‘‘ 1 ’’ iii by redesignating paragraph 2 as subsection b and inserting ‘‘REQUIRED CONTENT OF REGULATIONS —’’ before ‘‘The regulations’’ and iv by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively 3 CONFORMING AMENDMENT —The heading of section 3065 as transferred and redesignated by paragraph 1 is amended to read as follows ‘‘§ 3065 Assignment and delegation of procurement functions and responsibilities delegation within agency’’ e TRANSFER AND CONSOLIDATION OF SECTIONS 2314 2315 OF TITLE 10 — 1 NEW SECTION —Chapter 203 of title 10 United States Code is amended by adding after section 3067 as designated by subsection d the following new section ‘‘§ 3068 Inapplicability of certain laws’’ 2 TRANSFER OF SECTION 2314 —The text of section 2314 of such title is transferred to section 3068 as added by paragraph 1 inserted after the section heading designated as subsection a and amended— A by inserting ‘‘LAWS INAPPLICABLE TO AGENCIES NAMED IN SECTION 3063 —’’ before ‘‘Sections’’ and B by striking ‘‘section 2303’’ and inserting ‘‘section 3063 of this title’’ H R 6395—772 3 TRANSFER OF SECTION 2315 —The text of section 2315 of such title is transferred to section 3068 as added by paragraph 1 inserted after subsection a as transferred and designated by paragraph 2 designated as subsection b and amended by inserting ‘‘LAWS INAPPLICABLE TO PROCUREMENT OF AUTOMATIC DATA PROCESSING EQUIPMENT AND SERVICES FOR CERTAIN DEFENSE PURPOSES —’’ before ‘‘Sections’’ 4 CONFORMING REPEALS —Sections 2314 and 2315 of title 10 United States Code are repealed f TRANSFER OF SECTION 2308 —Section 2308 of title 10 United States Code is transferred to chapter 203 of such title inserted after section 3068 as added by subsection e redesignated as section 3069 and amended by striking ‘‘section 2304’’ in subsection b 2 and inserting ‘‘sections 3201 through 3205’’ g TRANSFER OF SECTIONS 2213 AND 2229B — 1 TRANSFER —Sections 2213 and 2229b of such title are transferred to chapter 203 of such title inserted after section 3069 as transferred and redesignated by subsection f and redesignated as sections 3070 and 3072 respectively 2 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 131 of such title is amended by striking the items relating to section 2213 and 2229b SEC 1808 DEFENSE ACQUISITION SYSTEM a TRANSFER OF CHAPTER 149 — 1 TRANSFER OF CHAPTER —Chapter 149 of title 10 United States Code is transferred to part V of subtitle A of that title as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 inserted in place of chapter 205 as enacted by that section and redesignated as chapter 205 2 REDESIGNATION OF SECTIONS —Sections in chapter 205 of title 10 United States Code as transferred and redesignated by paragraph 1 are redesignated as follows Old Section No 2545 2546 2546a 2547 2548 New Section No 3101 3103 3102 3104 3105 3 REVISION OF ORDER OF SECTIONS — A Section 3102 of such title as redesignated by paragraph 2 is transferred within such section so as to appear after section 3101 as so redesignated B The items in the table of sections at the beginning of such chapter as transferred by paragraph 1 are amended to conform to the redesignations made by paragraph 2 and the transfer made by subparagraph A 4 TABLES OF CHAPTERS —The tables of chapters at the beginning of subtitle A and at the beginning of part IV of subtitle A of title 10 United States Code are amended by striking the item relating to chapter 149 H R 6395—773 b AMENDMENTS TO TRANSFERRED SECTIONS — 1 SECTION 3101 —Section 3101 of title 10 United States Code as redesignated by subsection a 2 is amended— A by striking ‘‘chapter ‘‘ 1 The’’ and inserting ‘‘chapter the’’ and B by striking paragraphs 2 3 and 4 2 SECTION 3104 —Section 3104 of title 10 United States Code as redesignated by subsection a 2 is amended— A in subsection b 1 by striking ‘‘section 2448a a ’’ and inserting ‘‘section 4271 a ’’ B in subsection b 2 B by striking ‘‘section 2366a’’ and inserting ‘‘section 4251’’ C in subsection b 2 C by striking ‘‘section 2366b’’ and inserting ‘‘section 4252’’ and D in subsection d 3 by striking ‘‘section 2446a b 5 ’’ and inserting ‘‘section 4401 b 5 ’’ 3 SECTION 3105 —Section 3105 of title 10 United States Code as redesignated by subsection a 2 is amended in subsection b 2 B i by striking ‘‘section 2306a’’ and inserting ‘‘sections 3701 through 3708’’ c DIVISION OF CURRENT 2548 INTO TWO SECTIONS — 1 NEW SECTION —Such chapter is further amended— A by inserting after subsection c of such section 3105 as redesignated by subsection a 2 the following new section heading ‘‘§ 3106 Elements of the defense acquisition system performance goals’’ and B by redesignating subsections d and e as subsections a and b respectively 2 CONFORMING AMENDMENT TO NEW 3105 HEADING —The heading of such section 3105 is amended to read as follows ‘‘§ 3105 Elements of the defense acquisition system performance assessments’’ 3 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 205 of such title as amended by subsection a 3 is further amended by striking the item relating to section 3105 and inserting the following new items ‘‘3105 Elements of the defense acquisition system performance assessments ‘‘3106 Elements of the defense acquisition system performance goals’’ d CROSS-REFERENCE AMENDMENTS — 1 Section 129a c 3 of title 10 United States Code is amended by striking ‘‘section 2545’’ and inserting ‘‘section 3001’’ 2 Section 1701a of such title is amended by striking ‘‘chapter 149’’ and inserting ‘‘chapter 205’’ SEC 1809 BUDGETING AND APPROPRIATIONS a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 207 and inserting the following H R 6395—774 ‘‘CHAPTER 207—BUDGETING AND APPROPRIATIONS ‘‘Sec ‘‘3131 Availability of appropriations ‘‘3132 Availability of appropriations for procurement of technical military equipment and supplies ‘‘3133 Contracts for periods crossing fiscal years severable service contracts leases of real or personal property ‘‘3134 Allocation of appropriations ‘‘3135 Comparable budgeting for common procurement weapon systems ‘‘3136 Defense Modernization Account ‘‘3137 Procurement of contract services specification of amounts requested in budget ‘‘3138 Obligations for contract services reporting in budget object classes ’’ b TRANSFER OF SECTION 2351 —Section 2351 of title 10 United States Code is transferred to chapter 207 of such title as amended by subsection a inserted after the table of sections and redesignated as section 3131 c TRANSFER OF SECTION 2395 —Section 2395 of title 10 United States Code is transferred to chapter 207 of such title as amended by subsection a inserted after section 3131 as transferred and redesignated by subsection b and redesignated as section 3132 d TRANSFER OF SECTION 2410A —Section 2410a of title 10 United States Code is transferred to chapter 207 of such title as amended by subsection a inserted after section 3132 as transferred and redesignated by subsection c and redesignated as section 3133 e TRANSFER OF SECTION 2309 — 1 TRANSFER —Section 2309 of title 10 United States Code is transferred to chapter 207 of such title as amended by subsection a added after section 3133 as transferred and redesignated by subsection d and redesignated as section 3134 2 AMENDMENTS —Such section is amended— A in subsection a by striking ‘‘named in section 2303’’ and inserting ‘‘named in section 3063’’ and B by adding at the end the following new subsection ‘‘ c For purposes of sections 3064 and 3066 of this title this section shall be deemed to be a section of chapter 137 of this title ’’ f TRANSFER OF SECTION 2217 — 1 TRANSFER —Section 2217 of title 10 United States Code is transferred to chapter 207 of such title as amended by subsection a added after section 3134 as transferred and redesignated by subsection e and redesignated as section 3135 2 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 131 of such title is amended by striking the item relating to section 2217 g TRANSFER OF SECTION 2216 — 1 TRANSFER —Section 2216 of title 10 United States Code is transferred to chapter 207 of such title as amended by subsection a added after section 3135 as transferred and redesignated by subsection f and redesignated as section 3136 2 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 131 of such title is amended by striking the item relating to section 2216 h TRANSFER OF SECTION 235 — H R 6395—775 1 TRANSFER —Section 235 of title 10 United States Code is transferred to chapter 207 of such title as amended by subsection a added after section 3136 as transferred and redesignated by subsection g and redesignated as section 3137 2 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 9 of such title is amended by striking the item relating to section 235 i TRANSFER OF SECTION 2212 — 1 TRANSFER —Section 2212 of title 10 United States Code is transferred to chapter 207 of such title as amended by subsection a added after section 3137 as transferred and redesignated by subsection h and redesignated as section 3138 2 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 131 of such title is amended by striking the item relating to section 2212 SEC 1810 OPERATIONAL CONTRACT SUPPORT a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 209 and inserting the following ‘‘CHAPTER 209—OPERATIONAL CONTRACT SUPPORT ‘‘Subchapter ‘‘I Joint Policies on Requirements Definition Contingency Program Management and Contingency Contracting ‘‘II Other Provisions Relating to Operational Contract Support Sec 3151 3171 ‘‘SUBCHAPTER I—JOINT POLICIES ON REQUIREMENTS DEFINITION CONTINGENCY PROGRAM MANAGEMENT AND CONTINGENCY CONTRACTING ‘‘Sec ‘‘3151 ‘‘3152 ‘‘3153 ‘‘3154 ‘‘3155 ‘‘3156 ‘‘3157 Joint policy requirement Requirements definition matters covered Contingency program management matters covered Contingency contracting matters covered Training for personnel outside acquisition workforce Mission readiness exercises Definitions applicability ‘‘§ 3151 Joint policy requirement ‘‘§ 3152 Requirements definition matters covered ‘‘§ 3153 Contingency program management matters covered ‘‘§ 3154 Contingency contracting matters covered ‘‘§ 3155 Training for personnel outside acquisition workforce ‘‘§ 3156 Mission readiness exercises ‘‘§ 3157 Definitions applicability ‘‘In this subchapter ’’ b TRANSFER OF SECTION 2333 —Provisions of section 2333 of title 10 United States Code are transferred to chapter 209 of such title as amended by subsection a as follows H R 6395—776 1 SUBSECTION A —Subsection a of such section 2333 is transferred to such chapter inserted after the heading for section 3151 and amended by striking the subsection designation and subsection heading 2 SUBSECTION B —Subsection b of such section 2333 is transferred to such chapter inserted after the heading for section 3152 and amended— A by striking the subsection designation and subsection heading and B by striking ‘‘subsection a ’’ and inserting ‘‘section 3151 of this title’’ 3 SUBSECTION C —Subsection c of such section 2333 is transferred to such chapter inserted after the heading for section 3153 and amended— A by striking the subsection designation and subsection heading and B by striking ‘‘subsection a ’’ and inserting ‘‘section 3151 of this title’’ 4 SUBSECTION D —Subsection d of such section 2333 is transferred to section 3154 of such chapter as added by subsection a inserted after the section heading redesignated as subsection a and amended— A by striking ‘‘CONTINGENCY CONTRACTING MATTERS COVERED — 1 ’’ and inserting ‘‘IN GENERAL —’’ B by redesignating paragraph 2 as subsection b and inserting ‘‘INTERAGENCY PLANS —’’ in that subsection before ‘‘To the extent’’ C by striking ‘‘subsection a ’’ both places it appears and inserting ‘‘section 3151 of this title’’ and D in subsection a as so redesignated— i by redesignating subparagraphs A through F as paragraphs 1 through 6 respectively and ii by redesignating clauses i through iv of paragraph 4 as so redesignated as subparagraphs A through D respectively 5 SUBSECTION E —Subsection e other than paragraph 3 of such section 2333 is transferred to section 3155 of such chapter as added by subsection a inserted after the section heading redesignated as subsection a and amended— A by striking ‘‘TRAINING FOR PERSONNEL OUTSIDE ACQUISITION WORKFORCE — 1 ’’ and inserting ‘‘REQUIRED TRAINING —’’ B by striking ‘‘subsection a ’’ and inserting ‘‘section 3151 of this title’’ and C by redesignating paragraph 2 as subsection b and in that subsection— i by striking ‘‘Training under paragraph 1 ’’ and inserting ‘‘SCOPE OF TRAINING —Training under subsection a ’’ and ii by striking ‘‘referred to in that paragraph’’ and all that follows and inserting ‘‘referred to in that subsection— ‘‘ 1 understand the scope and scale of contractor support they will experience in contingency operations and ‘‘ 2 are prepared for their roles and responsibilities with regard to— ‘‘ A requirements definition H R 6395—777 ‘‘ B program management including contractor oversight and ‘‘ C contingency contracting ’’ 6 SUBSECTION E 3 —Paragraph 3 of such subsection e is transferred to such chapter inserted after the heading for section 3156 and amended— A by striking the paragraph designation and B by inserting ‘‘required by section 3151 of this title’’ after ‘‘The joint policy’’ 7 SUBSECTION F —Paragraphs 6 5 2 and 1 of subsection f of such section are transferred in that order to section 3157 of such chapter inserted at the end and redesignated as paragraphs 1 through 4 respectively c CROSS REFERENCE AMENDMENT —Paragraph 4 B of subsection a of section 3154 of title 10 United States Code as transferred and redesignated by subsection b 3 is amended by striking ‘‘section 2304’’ and inserting ‘‘sections 3201 through 3205’’ d ADDITIONAL PROVISIONS RELATING TO OPERATIONAL CONTRACT SUPPORT —Chapter 209 of title 10 United States Code is amended by adding at the end the following new subchapter ‘‘SUBCHAPTER II—OTHER PROVISIONS RELATING TO OPERATIONAL CONTRACT SUPPORT ‘‘Sec ‘‘3171 Contracts for property or services in support of a contingency operation competition and review ‘‘3172 Operational contract support chain of authority and responsibility within Department of Defense ‘‘§ 3171 Contracts for property or services in support of a contingency operation competition and review ‘‘øReserved¿ ‘‘§ 3172 Operational contract support chain of authority and responsibility within Department of Defense ‘‘øReserved¿ ’’ Subtitle B—Acquisition Planning SEC 1811 PLANNING AND SOLICITATION GENERALLY a TABLES OF CHAPTERS AMENDMENT —The tables of chapters at the beginning of subtitle A and at the beginning of part V of subtitle A as added by section 801 of Public Law 115–232 of title 10 United States Code are amended by striking the items relating to chapters 221 and 223 and inserting the following ‘‘221 ‘‘222 ‘‘223 ‘‘225 Planning and Solicitation Generally 3201 Independent Cost Estimation and Cost Analysis 3221 Other Provisions Relating to Planning and Solicitation Generally 3241 Planning and Solicitation Relating to Particular Items or Services 3271’’ b NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapters 221 and 223 and inserting the following H R 6395—778 ‘‘CHAPTER 221—PLANNING AND SOLICITATION GENERALLY ‘‘Sec ‘‘3201 Full and open competition ‘‘3202 øReserved¿ ‘‘3203 Exclusion of particular source or restriction of solicitation to small business concerns ‘‘3204 Use of procedures other than competitive procedures ‘‘3205 Simplified procedures for small purchases ‘‘3206 Planning and solicitation requirements ‘‘3207 Assessment before contract for acquisition of supplies is entered into ‘‘3208 Planning for future competition in contracts for major systems ’’ c SECTION 2304 PARTIAL — 1 SECTION HEADING —Chapter 221 of title 10 United States Code as amended by subsection b is amended by adding after the table of sections the following new section ‘‘§ 3201 Full and open competition’’ 2 TRANSFER OF SUBSECTION A OF SECTION 2304 —Subsection a of section 2304 of title 10 United States Code is transferred to section 3201 of such title as added by paragraph 1 inserted after the section heading and amended— A by redesignating paragraph 2 as subsection b B by striking ‘‘ 1 Except as provided in subsections b c and g ’’ and inserting ‘‘IN GENERAL —Except as provided in sections 3203 3204 a and 3205 of this title ’’ C by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively D in paragraph 1 as so redesignated by striking ‘‘this chapter’’ and inserting ‘‘this section and sections 3069 3203 3204 3205 3403 3405 3406 3901 4501 and 4502 of this title’’ and E in subsection b as redesignated by subparagraph A — i by inserting ‘‘DETERMINATION OF APPROPRIATE COMPETITIVE PROCEDURES —’’ before ‘‘In determining’’ ii by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively iii in paragraph 1 as so redesignated by redesignating clauses i ii iii and iv as subparagraphs A B C and D respectively and iv in paragraph 2 as so redesignated by striking ‘‘clause A ’’ and inserting ‘‘paragraph 1 ’’ 3 TRANSFER OF SUBSECTION J OF SECTION 2304 —Subsection j of such section 2304 is transferred to such section 3201 inserted after subsection b as transferred and redesignated by paragraph 2 redesignated as subsection c and amended by inserting ‘‘EFFICIENT FULFILLMENT OF GOVERNMENT REQUIREMENTS —’’ before ‘‘The Federal’’ 4 TRANSFER OF SUBSECTION H OF SECTION 2304 —Subsection h of such section 2304 is transferred to such section 3201 inserted after subsection c as transferred and redesignated by paragraph 3 redesignated as subsection d and amended by inserting ‘‘CERTAIN PURCHASES OR CONTRACTS TO BE TREATED AS IF MADE WITH SEALED-BID PROCEDURES — ’’ before ‘‘For the purposes’’ 5 TRANSFER OF SUBSECTION K OF SECTION 2304 —Subsection k of such section 2304 is transferred to such section H R 6395—779 3201 inserted after subsection d as transferred and redesignated by paragraph 4 redesignated as subsection e and amended— A by striking the subsection designation and all that follows through ‘‘section 2303 a ’’ in paragraph 1 and inserting the following ‘‘ e NEW CONTRACTS AND MERIT-BASED SELECTION PROCEDURES — ‘‘ 1 CONGRESSIONAL POLICY —It is the policy of Congress that an agency named in section 3063’’ B by moving paragraphs 2 3 and 4 two ems to the right C by switching paragraphs 2 and 3 and redesignating them accordingly D in paragraph 2 as so redesignated by subparagraph C by inserting ‘‘NEW CONTRACT DESCRIBED —’’ before ‘‘For purposes of’’ E in paragraph 3 as so redesignated by subparagraph C by inserting ‘‘PROVISION OF LAW DESCRIBED — ’’ before ‘‘A provision of’’ and F in paragraph 4 — i by inserting ‘‘EXCEPTION —’’ before ‘‘This subsection’’ and ii by striking ‘‘section 2303 a ’’ and inserting ‘‘section 3063’’ d SECTION 2304 PARTIAL — 1 SECTION HEADINGS —Chapter 221 of title 10 United States Code as amended by subsection b is amended by adding after section 3201 as added by subsection c the following new sections ‘‘§ 3203 Exclusion of particular source or restriction of solicitation to small business concerns ‘‘§ 3204 Use of procedures other than competitive procedures ‘‘§ 3205 Simplified procedures for small purchases’’ 2 TRANSFER OF SUBSECTION B OF SECTION 2304 —Subsection b of section 2304 of title 10 United States Code is transferred to section 3203 of such title as added by paragraph 1 inserted after the section heading redesignated as subsection a and amended— A by striking the subsection designation and all that follows through ‘‘may provide for’’ the first place it appears and inserting the following ‘‘ a EXCLUSION OF PARTICULAR SOURCE — ‘‘ 1 CRITERIA FOR EXCLUSION —The head of an agency may provide for’’ B by striking ‘‘covered by this chapter’’ in the matter preceding subparagraph A and inserting ‘‘covered by chapter 137 legacy provisions’’ C by indenting subparagraphs A through F of paragraph 1 four ems from the left margin D by redesignating paragraph 2 as subsection b and in that subsection— i inserting ‘‘EXCLUSION OF OTHER THAN SMALL BUSINESS CONCERNS —’’ before ‘‘The head of’’ and H R 6395—780 ii striking ‘‘this section’’ and inserting ‘‘chapter 137 legacy provisions’’ E by redesignating paragraph 3 as subsection c and in that subsection— i inserting ‘‘INAPPLICABILITY OF JUSTIFICATION AND APPROVAL REQUIREMENTS —’’ before ‘‘A contract’’ and ii striking ‘‘subsection f 1 ’’ and inserting ‘‘section 3204 e 1 of this title’’ and F by transferring paragraph 4 to the end of subsection a as so redesignated redesignating such paragraph as paragraph 2 indenting such paragraph two ems from the left margin and inserting ‘‘DETERMINATION FOR CLASS DISALLOWED —’’ before ‘‘A determination’’ 3 TRANSFER OF SUBSECTION C OF SECTION 2304 —Subsection c of section 2304 of title 10 United States Code is transferred to section 3204 of such title as added by paragraph 1 inserted after the section heading redesignated as subsection a and amended— A by inserting ‘‘WHEN PROCEDURES OTHER THAN COMPETITIVE PROCEDURES MAY BE USED —’’ before ‘‘The head of an agency may use’’ B in paragraph 3 — i by striking ‘‘in order A to maintain’’ and inserting ‘‘in order— ‘‘ A to maintain’’ ii by striking ‘‘industrial mobilization B to establish’’ and inserting ‘‘industrial mobilization— ‘‘ B to establish’’ iv by striking ‘‘development center or C to procure’’ and inserting ‘‘development center— ‘‘ C to procure’’ C in paragraph 5 by striking ‘‘subsection k ’’ and inserting ‘‘section 3201 e of this title’’ and D in paragraph 7 by inserting ‘‘ who may not delegate the authority under this paragraph ’’ after ‘‘the head of the agency’’ 4 TRANSFER OF SUBSECTION D OF SECTION 2304 —Subsection d of section 2304 of title 10 United States Code is transferred to section 3204 of such title as added by paragraph 1 inserted after subsection a as transferred and redesignated by paragraph 3 redesignated as subsection b and amended— A by striking ‘‘ 1 For the purposes’’ and inserting ‘‘PROPERTY OR SERVICES CONSIDERED TO BE AVAILABLE FROM ONLY ONE SOURCE —For the purposes’’ B by striking ‘‘subsection c 1 ’’ and inserting ‘‘subsection a 1 ’’ C by striking paragraph 2 and D by redesignating paragraph 3 as subsection c and in that subsection— i by striking ‘‘ A The contract period’’ and inserting ‘‘PROPERTY OR SERVICES NEEDED WITH UNUSUAL AND COMPELLING URGENCY — ‘‘ 1 ALLOWABLE CONTRACT PERIOD —The contract period’’ ii by redesignating subparagraph B as paragraph 2 indenting that paragraph two ems from the H R 6395—781 left margin and striking ‘‘this paragraph’’ and inserting ‘‘APPLICABILITY OF ALLOWABLE CONTRACT PERIOD —This subsection’’ and iii in paragraph 1 as designated by clause i — I by striking ‘‘subparagraph B ’’ and ‘‘subsection c 2 ’’ and inserting ‘‘paragraph 2 ’’ and ‘‘subsection a 2 ’’ respectively and II by redesignating clauses i and ii as subparagraphs A and B respectively redesignating subclauses I and II of such subparagraph A as clauses i and ii respectively and moving such subparagraphs two ems to the right 5 TRANSFER OF SUBSECTION E OF SECTION 2304 —Subsection e of section 2304 of title 10 United States Code is transferred to section 3204 of such title as added by subparagraph A inserted after subsection c as transferred and redesignated by subparagraph D redesignated as subsection d and amended— A by inserting ‘‘OFFER REQUESTS TO POTENTIAL SOURCES —The head of’’ and B by striking ‘‘subsection c 2 or c 6 ’’ and inserting ‘‘paragraph 2 or 6 of subsection a ’’ 6 TRANSFER OF SUBSECTION F OF SECTION 2304 —Subsection f of section 2304 of title 10 United States Code is transferred to section 3204 of such title as added by paragraph 1 inserted after subsection d as transferred and redesignated by paragraph 5 redesignated as subsection e and amended— A by striking ‘‘ 1 Except as provided in paragraph 2 and paragraph 6 ’’ and inserting ‘‘JUSTIFICATION FOR USE OF PROCEDURES OTHER THAN COMPETITIVE PROCEDURES —’’ ‘‘ 1 PREREQUISITES FOR AWARDING CONTRACT —Except as provided in paragraphs 3 4 and 7 ’’ B by moving subparagraphs A B and C of paragraph 1 two ems to the right C by switching paragraphs 2 and 3 and redesignating those paragraphs accordingly D in paragraph 2 as so redesignated by inserting ‘‘ELEMENTS OF JUSTIFICATION —’’ before ‘‘The justification’’ E in paragraph 3 as so redesignated— i by inserting ‘‘JUSTIFICATION AND APPROVAL ALLOWED AFTER CONTRACT AWARDED —’’ before ‘‘In the case of’’ and ii by striking ‘‘subsection c 2 ’’ in the first sentence and inserting ‘‘subsection a 2 ’’ F by redesignating paragraphs 4 5 and 6 as paragraphs 5 6 and 7 respectively G by designating the second sentence of paragraph 3 as redesignated by subparagraph C as paragraph 4 and in that paragraph— i by inserting ‘‘JUSTIFICATION AND APPROVAL NOT REQUIRED —’’ before ‘‘The justification and approval’’ ii in subparagraph C by striking ‘‘subsection c 7 ’’ and inserting ‘‘subsection a 7 ’’ and iii in subparagraph E by striking ‘‘subsection c 4 ’’ and inserting ‘‘subsection a 4 ’’ H R 6395—782 H in paragraph 5 as redesignated by subparagraph F — i by redesignating subparagraphs A and B as clauses i and ii respectively and moving those clauses two ems to the right ii by striking ‘‘In no case’’ and inserting ‘‘RESTRICTIONS ON AGENCIES — ‘‘ A In no case’’ iii in subparagraph A ii as so redesignated by striking ‘‘this chapter’’ and inserting ‘‘chapter 137 legacy provisions’’ and iv by designating the sentence beginning ‘‘The restriction contained’’ as subparagraph B and by striking ‘‘clause B ’’ in that sentence and inserting ‘‘subparagraph A ii ’’ I in paragraph 6 as redesignated by subparagraph F by striking ‘‘ A The authority’’ and inserting ‘‘LIMITATION ON DELEGATIONS OF AUTHORITY UNDER PARAGRAPH 1 B — A The authority’’ J in paragraph 7 as redesignated by subparagraph F by inserting ‘‘JUSTIFICATION AND APPROVAL NOT REQUIRED FOR PHASE III SBIR AWARD —’’ before ‘‘The justification’’ and K by moving such paragraphs 2 through 7 two ems to the right 7 TRANSFER OF SUBSECTION L OF SECTION 2304 —Subsection l of section 2304 of title 10 United States Code is transferred to section 3204 of such title as added by paragraph 1 inserted after subsection e as transferred and redesignated by paragraph 6 redesignated as subsection f and amended— A by striking ‘‘ 1 A Except as provided in’’ and inserting ‘‘PUBLIC AVAILABILITY OF JUSTIFICATION AND APPROVAL REQUIRED FOR USING PROCEDURES OTHER THAN COMPETITIVE PROCEDURES — ‘‘ 1 TIME REQUIREMENT — ‘‘ A WITHIN 14 DAYS AFTER CONTRACT AWARD —Except as provided in’’ B in paragraph 1 A by striking ‘‘subsection c ’’ and ‘‘subsection f 1 ’’ and inserting ‘‘subsection a ’’ and ‘‘subsection e 1 ’’ respectively C by indenting subparagraph B of paragraph 1 four ems from the left margin and in that subparagraph— i by inserting ‘‘WITHIN 30 DAYS AFTER CONTRACT AWARD —’’ before ‘‘In the case of’’ and ii by striking ‘‘subsection c 2 ’’ and inserting ‘‘subsection a 2 ’’ D by indenting paragraphs 2 and 3 two ems from the left margin E in paragraph 2 by inserting ‘‘AVAILABILITY ON WEBSITES —’’ before ‘‘The documents’’ and F in paragraph 3 by inserting ‘‘EXCEPTION —’’ before ‘‘This subsection’’ 8 TRANSFER OF SUBSECTION I OF SECTION 2304 —Subsection i of section 2304 of title 10 United States Code is transferred to section 3204 of such title as added by paragraph 1 inserted after subsection f as transferred and H R 6395—783 redesignated by paragraph 7 redesignated as subsection g and amended— A by striking ‘‘ 1 The Secretary’’ and inserting ‘‘REGULATIONS WITH RESPECT TO NEGOTIATION OF PRICES —’’ ‘‘ 1 The Secretary’’ B in paragraph 1 by striking ‘‘ as defined in section 2302 2 of this title’’ and C by moving paragraphs 2 and 3 two ems to the right 9 TRANSFER OF SUBSECTION G OF SECTION 2304 —Subsection g of section 2304 of title 10 United States Code is transferred to section 3205 of such title as added by paragraph 1 inserted after the section heading redesignated as subsection a and amended— A by striking ‘‘ 1 in order to’’ and inserting ‘‘AUTHORIZATION —In order to’’ B by redesignating paragraphs 2 3 and 4 as subsections b c and d respectively C by redesignating subparagraphs A and B in subsection a as paragraphs 1 and 2 respectively D in subsection b as redesignated by subparagraph B — i by inserting ‘‘PROHIBITION ON DIVIDING CONTRACTS —’’ before ‘‘A proposed’’ and ii by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ E in subsection c as redesignated by subparagraph B by inserting ‘‘PROMOTION OF COMPETITION —’’ before ‘‘In using’’ and F in subsection d as redesignated by subparagraph B by inserting ‘‘COMPLIANCE WITH SPECIAL REQUIREMENTS OF FEDERAL ACQUISITION REGULATION —’’ before ‘‘The head of’’ e SECTION 2305 A — 1 IN GENERAL —Such chapter is further amended by adding at the end the following new section ‘‘§ 3206 Planning and solicitation requirements’’ 2 TRANSFER OF SUBSECTION A OF SECTION 2305 —Subsection a of section 2305 of title 10 United States Code is transferred to section 3206 of such title as added by paragraph 1 and inserted after the section heading and paragraphs 2 3 4 and 5 thereof are redesignated as subsections b c d and e respectively 3 REVISIONS TO SUBSECTION A —Subsection a of such section 3206 as transferred by paragraph 2 is amended— A by redesignating subparagraphs B and C as paragraphs 2 and 3 respectively B in paragraph 2 as so redesignated— i by inserting ‘‘REQUIREMENTS OF SPECIFICATIONS —’’ before ‘‘Each solicitation’’ ii by striking ‘‘under this chapter’’ after ‘‘Each solicitation’’ and inserting ‘‘under chapter 137 legacy provisions’’ iii by redesignating clauses i and ii as subparagraphs A and B respectively and H R 6395—784 iv in subparagraph A as so redesignated by striking ‘‘of this chapter’’ and inserting ‘‘of chapter 137 legacy provisions’’ C in paragraph 3 as so redesignated— i by inserting ‘‘TYPES OF SPECIFICATIONS —’’ before ‘‘For the purposes’’ and ii by redesignating clauses i ii and ii as subparagraphs A B and C respectively D by moving such paragraphs 2 and 3 two ems to the right and E in paragraph 1 — i by striking ‘‘ 1 A In preparing for’’ and inserting ‘‘PLANNING AND SPECIFICATIONS — ‘‘ 1 PREPARING FOR PROCUREMENT —In preparing for’’ ii by redesignating clauses i ii and ii as subparagraphs A B and C respectively and iii by moving such subparagraphs two ems to the right 4 REVISIONS TO SUBSECTION B —Subsection b of such section 3206 as redesignated by paragraph 2 is amended— A in the matter preceding subparagraph A — i by inserting ‘‘CONTENTS OF SOLICITATION —’’ before ‘‘In addition to’’ and ii by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ B by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively C by redesignating clauses i and ii of paragraphs 1 and 2 as so redesignated as subparagraphs A and B respectively and D in subparagraphs A and B of such paragraph 2 as so redesignated by redesignating subclauses I and II as clauses i and ii respectively 5 REVISIONS TO SUBSECTION C —Subsection c of such section 3206 as redesignated by paragraph 2 is amended— A by striking ‘‘ A In prescribing the’’ and inserting ‘‘EVALUATION FACTORS — ‘‘ 1 IN GENERAL —In prescribing the’’ B by redesignating subparagraphs B C D and E as paragraphs 2 3 4 and 5 respectively and moving those paragraphs two ems to the right C in paragraph 1 as designated by subparagraph A — i by redesignating clauses i ii and iii as subparagraphs A B and C respectively and moving those paragraphs two ems to the right ii by redesignating subclauses I II and III of subparagraph C as so redesignated as clauses i ii and iii respectively and iii by striking ‘‘subparagraph C ’’ both places it appears and inserting ‘‘paragraph 3 ’’ D in paragraph 2 as redesignated by subparagraph B — i by inserting ‘‘RESTRICTION ON IMPLEMENTING REGULATIONS —’’ before ‘‘The regulations implementing’’ and H R 6395—785 ii by striking ‘‘clause iii of subparagraph A ’’ and inserting ‘‘paragraph 1 C ’’ E in paragraph 3 as redesignated by subparagraph B — i by inserting ‘‘EXCEPTIONS FOR CERTAIN MULTIPLE TASK OR DELIVERY ORDER CONTRACTS —’’ before ‘‘If the head of’’ ii by striking ‘‘section 2304a d 1 B ’’ and inserting ‘‘section 3403 d 1 B ’’ iii by redesignating clauses i and ii as subparagraphs A and B respectively iv in subparagraph A as so redesignated by striking ‘‘clause ii of subparagraph A ’’ and inserting ‘‘paragraph 1 B ’’ and v in subparagraph B as so redesignated— I by striking ‘‘clause i ’’ in the matter preceding subclause I and inserting ‘‘subparagraph A ’’ II by redesignating subclauses I and II as clauses i and ii respectively III in clause i as so redesignated by striking ‘‘clause iii of subparagraph A ’’ and inserting ‘‘paragraph 1 C ’’ and IV in clause ii as so redesignated by striking ‘‘section 2304c b ’’ and inserting ‘‘section 3406 c ’’ F in paragraph 4 as redesignated by subparagraph B — i by inserting ‘‘DEFINITION —’’ before ‘‘In subparagraph’’ ii by striking ‘‘subparagraph C ’’ and inserting ‘‘paragraph 3 ’’ and iii by redesignating clauses i ii and iii as subparagraphs A B and C respectively and G in paragraph 5 as redesignated by subparagraph B by striking ‘‘Subparagraph C ’’ and inserting ‘‘EXCLUSION OF APPLICABILITY TO CERTAIN CONTRACTS —Paragraph 3 ’’ 6 REVISIONS TO SUBSECTION D —Subsection d of such section 3206 as redesignated by paragraph 2 is amended— A by inserting ‘‘ADDITIONAL INFORMATION IN SOLICITATION —’’ before ‘‘Nothing in’’ B by striking ‘‘this subsection’’ and inserting ‘‘this section’’ and C by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively 7 REVISION TO SUBSECTION E —Subsection e of such section 3206 as redesignated by paragraph 2 is amended by inserting ‘‘LIMITATION ON EVALUATION OF PURCHASE OPTIONS —’’ before ‘‘The head of’’ f SECTION 2305 C — 1 SECTION HEADING —Such chapter is further amended by adding at the end the following new section H R 6395—786 ‘‘§ 3207 Assessment before contract for acquisition of supplies is entered into’’ 2 TRANSFER OF SUBSECTION C OF SECTION 2305 —Subsection c of section 2305 of title 10 United States Code is transferred to section 3207 of such title as added by paragraph 1 inserted after the section heading and amended by striking the subsection designation g SECTION 2305 D — 1 SECTION HEADING —Such chapter is further amended by adding at the end the following new section ‘‘§ 3208 Planning for future competition in contracts for major systems’’ 2 TRANSFER OF SUBSECTION D OF SECTION 2305 —Subsection d of section 2305 of title 10 United States Code is transferred to section 3208 of such title as added by paragraph 1 inserted after the section heading and redesignated as subsection a and paragraphs 2 3 and 4 thereof are redesignated as subsections b c and d respectively 3 REVISIONS TO SUBSECTION A —Subsection a of such section 3208 as transferred and redesignated by paragraph 2 is amended— A by striking ‘‘ 1 A The Secretary’’ and inserting ‘‘DEVELOPMENT CONTRACT — ‘‘ 1 DETERMINING WHETHER PROPOSALS ARE NECESSARY — The Secretary’’ B by striking ‘‘subparagraph B ’’ in the first sentence and inserting ‘‘paragraph 2 ’’ C by redesignating subparagraph B as paragraph 2 and clauses i and ii thereof as subparagraphs A and B respectively and D in paragraph 2 as so redesignated— i by inserting ‘‘CONTENTS OF PROPOSALS —’’ before ‘‘Proposals referred to’’ and ii by striking ‘‘subparagraph A ’’ and inserting ‘‘paragraph 1 ’’ 4 REVISIONS TO SUBSECTION B —Subsection b of such section 3208 as redesignated by paragraph 2 is amended— A by striking ‘‘ A The Secretary’’ and inserting ‘‘PRODUCTION CONTRACT — ‘‘ 1 DETERMINING WHETHER PROPOSALS ARE NECESSARY — The Secretary’’ B by striking ‘‘subparagraph B ’’ in the first sentence and inserting ‘‘paragraph 2 ’’ C by redesignating subparagraph B as paragraph 2 and clauses i and ii thereof as subparagraphs A and B respectively and D in paragraph 2 as so redesignated— i by inserting ‘‘CONTENTS OF PROPOSALS —’’ before ‘‘Proposals referred to’’ and ii by striking ‘‘subparagraph A ’’ and inserting ‘‘paragraph 1 ’’ 5 REVISIONS TO SUBSECTION C —Subsection c of such section 3208 as redesignated by paragraph 2 is amended— A by inserting ‘‘CONSIDERATION OF FACTORS AS OBJECTIVES IN NEGOTIATIONS —’’ before ‘‘If the head of’’ and H R 6395—787 B by striking ‘‘paragraphs 1 and 2 ’’ and inserting ‘‘subsections a and b ’’ 6 REVISIONS TO SUBSECTION D —Subsection d of such section 3208 as redesignated by paragraph 2 is amended— A by striking ‘‘ A Whenever the head of’’ and inserting ‘‘ITEMS DEVELOPED EXCLUSIVELY AT PRIVATE EXPENSE — ‘‘ 1 LIMITATION —Whenever the head of’’ B by redesignating subparagraph B as paragraph 2 inserting ‘‘EVALUATION —’’ before ‘‘In considering’’ and indenting that paragraph two ems from the left margin C by redesignating clauses i and ii of paragraph 1 as subparagraphs A and B respectively and indenting those subparagraphs four ems from the left margin and D by striking ‘‘paragraph 1 B or 2 B ’’ both places it appears and inserting ‘‘subsection a 2 or b 2 ’’ SEC 1812 INDEPENDENT COST ESTIMATION AND COST ANALYSIS a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by inserting after chapter 221 as added by the preceding section the following new chapter ‘‘CHAPTER 222—INDEPENDENT COST ESTIMATION AND COST ANALYSIS ‘‘3221 Director of Cost Assessment and Program Evaluation ‘‘3222 Independent cost estimate required before approval ‘‘3223 Director review of cost estimates cost analyses and records of the military departments and Defense Agencies ‘‘3224 Director participation concurrence and approval in cost estimation ‘‘3225 Discussion of risk in cost estimates ‘‘3226 Estimates for program baseline and analyses and targets for contract negotiation purposes ‘‘3227 Guidelines and collection method for acquisition of cost data ‘‘§ 3221 Director of Cost Assessment and Program Evaluation ‘‘§ 3222 Independent cost estimate required before approval ‘‘§ 3223 Director review of cost estimates cost analyses and records of the military departments and Defense Agencies ‘‘§ 3224 Director participation concurrence and approval in cost estimation ‘‘§ 3225 Discussion of risk in cost estimates ‘‘§ 3226 Estimates for program baseline and analyses and targets for contract negotiation purposes ‘‘§ 3227 Guidelines and collection method for acquisition of cost data’’ b TRANSFER OF SUBSECTIONS A AND H OF SECTION 2334 TO SECTION 3221 — 1 TRANSFER OF SUBSECTION A OF SECTION 2334 —Subsection a of section 2334 of title 10 United States Code is transferred to section 3221 of such title as added by subsection a inserted after the section heading and amended by designating the second sentence as subsection b H R 6395—788 2 REVISIONS TO NEW SUBSECTION B —Subsection b of such section 3221 as designated by paragraph 1 is amended— A by striking ‘‘In carrying out that responsibility ’’ and inserting ‘‘FUNCTIONS —In carrying out the responsibility of the Director under subsection a ’’ B in paragraph 2 — i by striking ‘‘provide guidance’’ and all that follows through ‘‘Defense Agencies’’ and ii by striking ‘‘of this title ’’ and inserting ‘‘of this title provide guidance to and consult with— ‘‘ A the Secretary of Defense ‘‘ B the Under Secretary of Defense for Acquisition and Sustainment ‘‘ C the Under Secretary of Defense Comptroller ‘‘ D the Secretaries of the military departments and ‘‘ E the heads of the Defense Agencies ’’ C in paragraph 6 A — i in clause i by striking ‘‘section 2366a or 2366b’’ and inserting ‘‘section 4251 or 4252’’ and ii in clause iii by striking ‘‘section 2433a’’ and inserting ‘‘section 4376’’ and D in paragraph 8 by striking ‘‘section 2432 c 1 ’’ and inserting ‘‘section 4353 a ’’ 3 TRANSFER OF SUBSECTION H OF SECTION 2334 —Subsection h of section 2334 of title 10 United States Code is transferred to such section 3221 inserted after subsection b as designated by paragraph 2 and redesignated as subsection c c TRANSFER OF SUBSECTION B OF SECTION 2334 — 1 TRANSFER —Subsection b of section 2334 of title 10 United States Code is transferred to section 3222 of such title as added by subsection a inserted after the section heading and redesignated as subsection a 2 REVISIONS —Such section 3222 is amended— A by striking ‘‘INDEPENDENT COST ESTIMATE REQUIRED BEFORE APPROVAL — 1 A milestone’’ and inserting ‘‘REQUIREMENT — A milestone’’ B by redesignating paragraph 2 as subsection b C in subsection b as so redesignated— i by inserting ‘‘REGULATIONS —’’ before ‘‘The regulations’’ and ii by striking ‘‘subsection a ’’ and inserting ‘‘section 3221 of this title’’ and D in subsections a and b as so redesignated by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively d TRANSFER OF SUBSECTION C OF SECTION 2334 —Subsection c of section 2334 of title 10 United States Code is transferred to section 3223 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation and subsection heading e TRANSFER OF SUBSECTION D OF SECTION 2334 — 1 TRANSFER —Subsection d of section 2334 of title 10 United States Code is transferred to section 3224 of such title as added by subsection a and inserted after the section heading 2 REVISIONS —Such section 3224 is amended— H R 6395—789 A by striking the subsection designation and subsection heading and B in paragraph 3 by striking ‘‘subsection a 6 ’’ and inserting ‘‘section 3221 b 6 of this title’’ f TRANSFER OF SUBSECTION E OF SECTION 2334 — 1 TRANSFER —Subsection e of section 2334 of title 10 United States Code is transferred to section 3225 of such title as added by subsection a and inserted after the section heading 2 REVISIONS —Such section 3225 is amended— A by striking the subsection designation and subsection heading B in paragraph 3 A by striking ‘‘subsection a 6 ’’ and inserting ‘‘section 3221 b 6 of this title’’ and C in paragraph 3 B by striking ‘‘section 2432’’ and inserting ‘‘sections 4351 through 4358’’ g TRANSFER OF SUBSECTION F OF SECTION 2334 — 1 TRANSFER —Subsection f of section 2334 of title 10 United States Code is transferred to section 3226 of such title as added by subsection a inserted after the section heading and redesignated as subsection a 2 REVISIONS —Such section 3226 is amended— A by striking ‘‘ESTIMATES FOR’’ and all that follows through ‘‘ 1 The policies ’’ and inserting ‘‘COST ESTIMATES DEVELOPED FOR SPECIFIED PURPOSES NOT TO BE USED FOR CONTRACT NEGOTIATIONS OR OBLIGATION OF FUNDS — The policies ’’ B in subsection a as so redesignated— i by striking ‘‘subsection a ’’ and inserting ‘‘section 3221 of this title’’ and ii by striking ‘‘subsection a 6 ’’ and inserting ‘‘subsection b 6 of such section’’ C by redesignating paragraph 2 as subsection b and inserting ‘‘COST ESTIMATES DEVELOPED FOR SPECIFIED PURPOSES NOT TO BE USED FOR CONTRACT NEGOTIATIONS OR OBLIGATION OF FUNDS —’’ before ‘‘The Under’’ D by redesignating paragraph 3 as subsection c and in that subsection— i by striking the first three words and inserting ‘‘PROGRAM MANAGER AND CONTRACTING OFFICER —The program manager’’ and ii by striking ‘‘paragraph 1 ’’ and ‘‘paragraph 2 ’’ and inserting ‘‘subsection a ’’ and ‘‘subsection b ’’ respectively and E by redesignating paragraph 4 as subsection d and in that subsection— i by striking ‘‘Funds that are’’ and inserting ‘‘AVAILABILITY OF EXCESS FUNDS —’’ ‘‘ 1 Funds that are’’ ii in paragraph 1 as designated by clause i by striking ‘‘subsection a 6 ’’ and ‘‘paragraph 2 ’’ and inserting ‘‘section 3221 b 6 of this title’’ and ‘‘subsection b ’’ respectively iii by redesignating paragraph 5 as paragraph 2 and moving that paragraph two ems to the right and iv in paragraph 2 as so redesignated— H R 6395—790 I in the matter preceding subparagraph A by striking ‘‘paragraph 4 ’’ and inserting ‘‘paragraph 1 ’’ II in subparagraph A i by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection b ’’ and III in subparagraph A ii by striking ‘‘section 2308’’ and inserting ‘‘section 3069’’ h TRANSFER OF SUBSECTION G OF SECTION 2334 — 1 TRANSFER —Subsection g of section 2334 of title 10 United States Code is transferred to section 3227 of such title as added by subsection a inserted after the section heading and redesignated as subsection a 2 REVISIONS —Section 3227 as amended by paragraph 1 is further amended— A by striking ‘‘Guidelines and’’ and all that follows through ‘‘ 1 The Director of’’ and inserting ‘‘DIRECTOR OF CAPE TO DEVELOP GUIDELINES AND COLLECTION METHOD — The Director of’’ B by redesignating paragraph 2 as subsection b and in that subsection— i by inserting ‘‘APPLICABILITY TO ACQUISITION PROGRAMS IN AMOUNT GREATER THAN SPECIFIED THRESHOLD —’’ before ‘‘The program manager’’ and ii by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ and C by redesignating paragraph 3 as subsection c and in that subsection— i by inserting ‘‘LIMITATION ON WAIVER AUTHORITY —’’ before ‘‘The requirement’’ and ii by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ SEC 1813 OTHER PROVISIONS RELATING TO PLANNING AND SOLICITATION GENERALLY a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by inserting after chapter 222 as added by the preceding section the following new chapter ‘‘CHAPTER 223—OTHER PROVISIONS RELATING TO PLANNING AND SOLICITATION GENERALLY ‘‘Sec ‘‘3241 ‘‘3242 ‘‘3243 ‘‘3244 ‘‘3245 ‘‘3246 ‘‘3247 ‘‘3248 ‘‘3249 ‘‘3250 ‘‘3251 ‘‘3252 Design-build selection procedures Supplies economic order quantities Encouragement of new competitors qualification requirement øReserved¿ øReserved¿ øReserved¿ Contracts regulations for bids Matters relating to reverse auctions Advocates for competition øReserved¿ øReserved¿ Requirements for information relating to supply chain risk ’’ b TRANSFER OF SECTION 2305A OF TITLE 10 —Section 2305a of title 10 United States Code is transferred to chapter 223 of such title as added by subsection a inserted after the table of sections at the beginning redesignated as section 3241 and amended as follows H R 6395—791 1 SUBSECTION B —Subsection b is amended— A by redesignating paragraphs 1 through 6 as subparagraphs A through F respectively and moving those subparagraphs two ems to the right and B in the matter preceding subparagraph A as so redesignated— i by striking ‘‘or work when the contracting officer’’ and inserting ‘‘or work when— ‘‘ 1 the contracting officer’’ ii by striking ‘‘such contract design work’’ and inserting ‘‘such contract ‘‘ 2 design work’’ iii by striking ‘‘such contract the offeror’’ and inserting ‘‘such contract ‘‘ 3 the offeror’’ and iv by striking ‘‘the offer and the contracting officer’’ and inserting ‘‘the offer and ‘‘ 4 the contracting officer’’ 2 SUBSECTION C —Subsection c is amended— A in paragraph 1 by inserting ‘‘DEVELOPMENT OF SCOPE OF WORK STATEMENT —’’ before ‘‘The agency develops’’ B in paragraph 2 by inserting ‘‘SOLICITATION OF PHASE-ONE PROPOSALS —’’ before ‘‘The contracting officer’’ C in paragraph 3 — i by striking ‘‘The evaluation factors’’ and inserting ‘‘EVALUATION FACTORS —’’ ‘‘ A EVALUATION FACTORS TO BE USED —The evaluation factors’’ ii by designating the second and third sentences as subparagraphs B and C respectively iii in subparagraph A as designated by clause i — I by striking ‘‘and include specialized experience’’ and inserting ‘‘and include— ‘‘ i specialized experience’’ II by striking ‘‘technical competence capability’’ and inserting ‘‘technical competence ‘‘ ii capability’’ III by striking ‘‘to perform past performance’’ and inserting ‘‘to perform ‘‘ iii past performance’’ and IV by striking ‘‘the team and other appropriate’’ and inserting ‘‘the team and ‘‘ iv other appropriate’’ iv in subparagraph B as designated by clause ii by inserting ‘‘RELATIVE IMPORTANCE OF EVALUATION FACTORS AND SUBFACTORS —’’ before ‘‘Each solicitation’’ v in subparagraph C as designated by clause ii by inserting ‘‘EVALUATION OF PROPOSALS —’’ before ‘‘The agency’’ D in paragraph 4 — i by striking ‘‘The contracting officer’’ and inserting ‘‘SELECTION BY CONTRACTING OFFICER —’’ ‘‘ A NUMBER OF OFFERORS SELECTED AND WHAT IS TO BE EVALUATED —The contracting officer’’ H R 6395—792 ii by redesignating subparagraphs A and B as clauses i and ii respectively iii in clause ii as so redesignated by striking ‘‘paragraphs 2 3 and 4 of section 2305 a ’’ and inserting ‘‘subsections b c and d of section 3206’’ iv by designating the last sentence in that paragraph as subparagraph B and indenting that subparagraph two ems from the left margin and v in subparagraph B as redesignated by clause iv by striking ‘‘subparagraphs A and B ’’ and inserting ‘‘clauses i and ii of subparagraph A ’’ and E in paragraph 5 — i by inserting ‘‘AWARDING OF CONTRACT —’’ before ‘‘The agency’’ and ii by striking ‘‘section 2305 b 4 ’’ and inserting ‘‘section 3303’’ c TRANSFER OF SECTION 2384A OF TITLE 10 —Section 2384a of such title is transferred to chapter 223 of such title inserted after section 3241 as transferred and redesignated by subsection b redesignated as section 3242 and amended as follows 1 SUBSECTION A —Subsection a is amended— A by striking ‘‘ 1 An agency’’ and inserting ‘‘QUANTITY TO PROCURE —’’ ‘‘ 1 An agency’’ B by striking ‘‘section 2303 a ’’ and inserting ‘‘section 3063’’ C by striking ‘‘quantity as A will result in’’ and inserting ‘‘quantity as— ‘‘ A will result in’’ D by striking ‘‘where practicable and B does not’’ ‘‘where practicable and ‘‘ B does not’’ and E by indenting paragraph 2 two ems from the left margin 2 SUBSECTION B —Subsection b is amended by inserting ‘‘OPINION OF OFFEROR WITH RESPECT TO QUANTITY TO BE PROCURED —’’ before ‘‘Each solicitation for’’ d TRANSFER OF SECTION 2319 OF TITLE 10 —Section 2319 of such title is transferred to chapter 223 of such title inserted after section 3242 as transferred and redesignated by subsection c redesignated as section 3243 and amended as follows 1 SECTION HEADING —The heading of such section is amended to read as follows ‘‘§ 3243 Encouragement of new competitors qualification requirement’’ 2 SUBSECTION A —Subsection a is amended by inserting ‘‘QUALIFICATION REQUIREMENT DEFINED —’’ before ‘‘In this section’’ 3 SUBSECTION B —Subsection b is amended— A by inserting ‘‘ACTIONS BEFORE ESTABLISHING QUALIFICATION REQUIREMENT —’’ before ‘‘Except as provided’’ and B in paragraph 5 by striking ‘‘clause 4 ’’ and inserting ‘‘paragraph 4 ’’ 4 SUBSECTION C —Subsection c is amended— H R 6395—793 A by striking ‘‘ 1 Subsection b of this section’’ and inserting ‘‘APPLICABILITY WAIVER AUTHORITY AND REFERRAL OF OFFERS — ‘‘ 1 APPLICABILITY —Subsection b ’’ B by indenting paragraphs 2 through 6 two ems from the left margin C in paragraph 2 — i by striking ‘‘ A Except as provided in subparagraph B ’’ and inserting ‘‘WAIVER AUTHORITY — ‘‘ A SUBMISSION OF DETERMINATION OF UNREASONABLENESS —Except as provided in subparagraph C ’’ ii by redesignating subparagraph B as subparagraph C iii by designating the second sentence of subparagraph A as subparagraph B iv in subparagraph B as so designated by inserting ‘‘AUTHORITY TO GRANT WAIVER —’’ before ‘‘After considering’’ and v in subparagraph C as redesignated by clause ii by inserting ‘‘INAPPLICABILITY TO QUALIFIED PRODUCTS LIST —’’ before ‘‘The waiver’’ D in paragraph 3 by inserting ‘‘SUBMISSION AND CONSIDERATION OF OFFER NOT TO BE DENIED IN CERTAIN CASES —’’ before ‘‘A potential offeror’’ E in paragraph 4 by inserting ‘‘REFERRAL TO SMALL BUSINESS ADMINISTRATION —’’ before ‘‘Nothing contained in this’’ F in paragraph 5 by inserting ‘‘DELAY OF PROCUREMENT NOT REQUIRED —’’ before ‘‘The head of’’ and G in paragraph 6 by inserting ‘‘REQUIREMENTS BEFORE ENFORCEMENT OF CERTAIN LISTS —’’ before ‘‘The requirements of’’ 5 SUBSECTION D —Subsection d is amended— A by striking ‘‘ 1 If the number of’’ and inserting ‘‘FEWER THAN 2 ACTUAL MANUFACTURERS — ‘‘ 1 SOLICITATION AND TESTING OF ADDITIONAL SOURCES OR PRODUCTS —If the number of’’ B by redesignating paragraph 2 as paragraph 3 indenting that paragraph two ems from the left margin and inserting ‘‘CERTIFICATION REQUIRED —’’ before ‘‘The head of’’ C in paragraph 1 B — i by inserting ‘‘subject to paragraph 2 ’’ before ‘‘bear the cost of’’ and ii by striking ‘‘that requirement but such costs may be borne’’ and inserting ‘‘that requirement ’’ D by designating as paragraph 2 the text of paragraph 1 B as so amended that begins ‘‘only if the head of the agency’’ E in paragraph 2 as designated by subparagraph D by inserting ‘‘CERTIFICATION WHEN AGENCY MAY BEAR COST —Costs may be borne under paragraph 1 B ’’ before ‘‘only if’’ and F by moving subparagraphs A and B of paragraph 1 as amended two ems to the right H R 6395—794 6 SUBSECTION E —Subsection e is amended by inserting ‘‘EXAMINATION AND REVALIDATION OF QUALIFICATION REQUIREMENT —’’ before ‘‘Within seven years’’ 7 SUBSECTION F —Subsection f is amended by inserting ‘‘RESTRICTION ON ENFORCEMENT —’’ before ‘‘Except in an’’ e TRANSFER OF SECTION 2381 —Section 2381 of title 10 United States Code is transferred to chapter 223 of such title as added by this section inserted after section 3243 as transferred and redesignated by subsection d and redesignated as section 3247 f TRANSFER OF SECTION 2318 —Section 2318 of title 10 United States Code is transferred to chapter 223 of such title as added by this section inserted after section 3247 as transferred and redesignated by subsection e redesignated as section 3249 and amended by striking ‘‘section 2303 a ’’ and inserting ‘‘section 3063’’ g TRANSFER OF SECTION 2339A —Section 2339a of such title is transferred to chapter 223 of such title inserted after section 3249 as added by subsection f redesignated as section 3252 and amended— 1 in subsection b 3 A by striking ‘‘section 2304 f 3 ’’ and inserting ‘‘section 3204 e 2 ’’ 2 in subsection e 2 A by striking ‘‘section 2319’’ and inserting ‘‘section 3243’’ and 3 in subsection e 3 — A in subparagraph A by striking ‘‘section 2305 a 1 C ii ’’ and ‘‘section 2305 a 2 A ’’ and inserting ‘‘section 3206 a 3 B ’’ and ‘‘section 3206 b 1 ’’ respectively and B in subparagraph B by striking ‘‘section 2304c d 3 ’’ and inserting ‘‘section 3406 d 3 ’’ h PLACEHOLDER FOR CHAPTER FOR PROVISIONS RELATING TO PLANNING AND SOLICITATIONS RELATING TO PARTICULAR ITEMS OR SERVICES —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 is amended by inserting after chapter 223 as added by this section the following new chapter ‘‘CHAPTER 225—PLANNING AND SOLICITATION RELATING TO PARTICULAR ITEMS OR SERVICES ‘‘Sec ‘‘3271 øReserved¿ ’’ Subtitle C—Contracting Methods and Contract Types SEC 1816 AWARDING OF CONTRACTS a TABLES OF CHAPTERS AMENDMENTS —The tables of chapters at the beginning of subtitle A and at the beginning of part V of subtitle A as added by section 801 of Public Law 115–232 of title 10 United States Code are amended by striking the items relating to chapters 241 and 243 and inserting the following ‘‘241 ‘‘242 ‘‘243 ‘‘244 Awarding of Contracts Specific Types of Contracts Other Matters Relating to Awarding and Types of Contracts Undefinitized Contractual Actions 3301 3321 3341 3371’’ H R 6395—795 b NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapters 241 and 243 and inserting the following ‘‘CHAPTER 241—AWARDING OF CONTRACTS ‘‘Sec ‘‘3301 ‘‘3302 ‘‘3303 ‘‘3304 ‘‘3305 ‘‘3306 ‘‘3307 ‘‘3308 ‘‘3309 Basis of award and rejection Sealed bids Competitive proposals Post-award debriefings Pre-award debriefings Encouragement of alternative dispute resolution Antitrust violations Protests Prohibition on release of contractor proposals ’’ c TRANSFER OF SUBSECTION B OF SECTION 2305 — 1 TRANSFER —Subsection b of section 2305 of title 10 United States Code is transferred to chapter 241 of such title as amended by subsection b inserted after the table of sections and amended by striking the subsection designation 2 INSERTION OF SECTION HEADINGS —Such chapter is further amended— A by inserting before paragraph 1 the following ‘‘§ 3301 Basis of award and rejection’’ B by inserting before paragraph 3 the following ‘‘§ 3302 Sealed bids’’ C by inserting before paragraph 4 the following ‘‘§ 3303 Competitive proposals’’ D by inserting before paragraph 5 the following ‘‘§ 3304 Post-award debriefings’’ E by inserting before paragraph 6 the following ‘‘§ 3305 Pre-award debriefings’’ F by inserting before paragraph 8 the following ‘‘§ 3306 Encouragement of alternative dispute resolution’’ and G by inserting before paragraph 9 the following ‘‘§ 3307 Antitrust violations’’ 3 AMENDMENTS TO NEW 3301 —Section 3301 of such title as designated by paragraph 2 is amended— A by redesignating paragraphs 1 and 2 as subsections a and b respectively B in subsection a as so redesignated by inserting ‘‘AWARD —’’ before ‘‘The head of’’ and C in subsection b as so redesignated by inserting ‘‘REJECTION —’’ before ‘‘All sealed bids’’ 4 AMENDMENTS TO NEW 3302 —Section 3302 of such title as designated by paragraph 2 is amended— A by redesignating paragraph 3 as subsection a B by designating the second and third sentences as subsections b and c respectively H R 6395—796 C in subsection a as so redesignated by inserting ‘‘OPENING OF BIDS —’’ before ‘‘Sealed bids shall be’’ D in subsection b as so designated— i by inserting ‘‘CRITERIA FOR AWARDING CONTRACT —’’ before ‘‘The head of the agency’’ ii by striking ‘‘paragraph 1 ’’ and inserting ‘‘section 3301 a of this title’’ and iii by striking ‘‘paragraph 2 ’’ and inserting ‘‘section 3301 b of this title’’ and E in subsection c as so designated by inserting ‘‘NOTICE OF AWARD —’’ before ‘‘The award of’’ 5 AMENDMENTS TO NEW 3303 —Section 3303 of such title as designated by paragraph 2 is amended— A by striking the paragraph designation B redesignating subparagraphs A B and C as subsections a b and c respectively C by designating the second sentence of subsection c as so redesignated as subsection d D in subsection a as so redesignated— i by inserting ‘‘EVALUATION AND AWARD —’’ before ‘‘The head of’’ ii by striking ‘‘paragraph 1 ’’ and inserting ‘‘section 3301 a of this title’’ and iii by redesignating clauses i and ii as paragraphs 1 and 2 respectively E in subsection b as so redesignated— i by inserting ‘‘LIMIT ON NUMBER OF PROPOSALS —’’ before ‘‘If the contracting officer’’ and ii by striking ‘‘subparagraph A i ’’ and inserting ‘‘subsection a 1 ’’ F in subsection c as so redesignated— i by inserting ‘‘CRITERIA FOR AWARDING CONTRACT —’’ before ‘‘Except as provided in’’ and ii by striking ‘‘paragraph 2 ’’ and inserting ‘‘section 3301 b of this title’’ and G in subsection d as so designated— i by inserting ‘‘NOTICE OF AWARD —’’ before ‘‘The head of’’ and ii by striking ‘‘This subparagraph’’ and inserting ‘‘This subsection’’ 6 AMENDMENTS TO NEW 3304 —Section 3304 of such title as designated by paragraph 2 is amended— A by striking the paragraph designation B by redesignating subparagraphs A B D E and F as subsections a c d e and f respectively C by designating the second sentence of subsection a as so redesignated as subsection b D by redesignating subparagraph C as paragraph 2 E in subsection a as so redesignated by inserting ‘‘REQUEST FOR DEBRIEFING —’’ before ‘‘When a’’ F in subsection b as designated by subparagraph C by inserting ‘‘WHEN DEBRIEFING TO BE CONDUCTED — ’’ before ‘‘The head of’’ G in subsection c as so redesignated by subparagraph B — H R 6395—797 i by inserting ‘‘INFORMATION TO BE PROVIDED — 1 ’’ before ‘‘The debriefing shall include’’ ii by redesignating clauses i through vii as subparagraphs A through G respectively and iii in paragraph 2 as redesignated by subparagraph D by striking ‘‘subparagraph B vii ’’ and inserting ‘‘paragraph 1 G ’’ H in subsection d as so redesignated by inserting ‘‘INFORMATION NOT TO BE INCLUDED —’’ before ‘‘The debriefing’’ I in subsection e as so redesignated— i by inserting ‘‘INCLUSION OF STATEMENT IN SOLICITATION —’’ before ‘‘Each solicitation’’ and ii by striking ‘‘subparagraph B ’’ and inserting ‘‘subsection c ’’ J in subsection f as so redesignated— i by inserting ‘‘AFTER SUCCESSFUL PROTEST — ’’ before ‘‘If within one year’’ and ii by redesignating clauses i and ii as paragraphs 1 and 2 respectively and K by adding at the end a new subsection g with the same heading and text as subsection f of section 3305 of such title as amended by paragraph 7 J 7 AMENDMENTS TO NEW 3305 —Section 3305 of such title as designated by paragraph 2 is amended— A by striking ‘‘ 6 ’’ B by redesignating paragraph 7 as subsection f C redesignating subparagraphs A B C and D as subsections a c d and e respectively D by designating the second sentence of subsection a as so redesignated as subsection b E in subsection a as so redesignated by inserting ‘‘REQUEST FOR DEBRIEFING —’’ before ‘‘When the’’ F in subsection b as designated by subparagraph D by inserting ‘‘WHEN DEBRIEFING TO BE CONDUCTED — ’’ before ‘‘The contracting officer’’ G in subsection c as so redesignated— i by inserting ‘‘PRECONDITION FOR POST-AWARD DEBRIEFING —’’ before ‘‘The contracting officer’’ ii by striking ‘‘paragraph 5 ’’ and inserting ‘‘section 3304 of this title’’ and iii by striking ‘‘subparagraph A ’’ and inserting ‘‘subsections a and b ’’ H in subsection d as so redesignated— i by inserting ‘‘INFORMATION TO BE PROVIDED — ’’ before ‘‘The debriefing’’ ii by striking ‘‘subparagraph A ’’ and inserting ‘‘subsections a and b ’’ and iii by redesignating clauses i ii and iii as paragraphs 1 2 and 3 respectively I in subsection e as so redesignated— i by inserting ‘‘INFORMATION NOT TO BE DISCLOSED —’’ before ‘‘The debriefing’’ and ii by striking ‘‘subparagraph A ’’ and inserting ‘‘subsections a and b ’’ and J in subsection f as redesignated by subparagraph B — H R 6395—798 i by inserting ‘‘SUMMARY TO BE INCLUDED IN FILE —’’ before ‘‘The contracting officer’’ and ii by striking ‘‘under paragraph 5 or 6 ’’ and inserting ‘‘this section’’ 8 AMENDMENT TO NEW 3306 —Section 3306 of such title as designated by paragraph 2 is amended by striking the paragraph designation 9 AMENDMENT TO NEW 3307 —Section 3307 of such title as designated by paragraph 2 is amended by striking the paragraph designation d NEW SECTIONS —Such chapter is further amended by adding at the end the following new sections ‘‘§ 3308 Protests ‘‘§ 3309 Prohibition on release of contractor proposals’’ e TRANSFER OF SUBSECTIONS E AND F OF SECTION 2305 — 1 TRANSFER —Subsections e and f of section 2305 of title 10 United States Code are transferred to section 3308 of such title as added by subsection d inserted after the section heading and redesignated as subsections a and b respectively 2 AMENDMENT TO NEW 3308 A —Subsection a of such section 3308 as redesignated by paragraph 1 is amended— A by striking ‘‘FILE — 1 If in the’’ and inserting ‘‘FILE — ‘‘ 1 ESTABLISHMENT AND ACCESS —If in the’’ B in paragraph 2 by inserting ‘‘REDACTED INFORMATION —’’ before ‘‘Information exempt’’ and C by realigning paragraph 2 2 ems to the right f TRANSFER OF SUBSECTION G OF SECTION 2305 — 1 TRANSFER AND INTERNAL REDESIGNATIONS —Subsection g of section 2305 of title 10 United States Code is transferred to section 3309 of such title as added by subsection d inserted after the section heading and amended— A by striking the subsection designation and heading B by redesignating paragraphs 1 2 and 3 as subsections b c and a respectively and C by transferring subsection a as so redesignated within that section so as to appear before subsection b as so redesignated 2 AMENDMENT TO NEW 3309 A —Subsection a of such section 3309 as redesignated and transferred by paragraph 1 is amended by striking ‘‘In this subsection ’’ and inserting ‘‘DEFINITION —In this section ’’ 3 AMENDMENTS TO NEW 3309 B —Subsection b of such section 3309 as redesignated by paragraph 1 is amended— A by inserting ‘‘PROHIBITION —’’ before ‘‘Except as provided in’’ B by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection c ’’ and C by striking ‘‘section 2303’’ and inserting ‘‘section 3063’’ 4 AMENDMENTS TO NEW 3309 C —Subsection c of such section 3309 as redesignated by paragraph 1 is amended by striking ‘‘Paragraph 1 ’’ and inserting ‘‘INAPPLICABILITY — Subsection b ’’ H R 6395—799 SEC 1817 SPECIFIC TYPES OF CONTRACTS a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by inserting after chapter 241 as added by the preceding section the following new chapter ‘‘CHAPTER 242—SPECIFIC TYPES OF CONTRACTS ‘‘Sec ‘‘3321 Contracts awarded using procedures other than sealed-bid procedures ‘‘3322 Cost contracts ‘‘3323 Cost-plus contracting prohibited for military construction and military family housing projects ‘‘3324 Preference for fixed-price contracts ‘‘§ 3321 Contracts awarded using procedures other than sealed-bid procedures ‘‘§ 3322 Cost contracts ‘‘§ 3323 Cost-plus contracting prohibited for military construction and military family housing projects ‘‘§ 3324 Preference for fixed-price contracts ‘‘øReserved¿ ’’ b TRANSFER OF SUBSECTIONS A AND B OF SECTION 2306 — Subsections a and b of section 2306 of title 10 United States Code are transferred to section 3321 of such title as added by subsection a and inserted after the section heading c TRANSFER OF FIRST SENTENCE OF SUBSECTION A —The first sentence of such subsection a is further transferred to section 3322 of such title as added by subsection a inserted after the section heading and designated as subsection a d AMENDMENTS TO NEW 3321 — 1 NEW 3321 A —Subsection a of such section 3321 as amended by subsection c is amended— A by inserting ‘‘AUTHORIZED TYPES —’’ before ‘‘Subject to’’ B by striking ‘‘the preceding sentence’’ and inserting ‘‘section 3322 a of this title’’ C by striking ‘‘this section’’ and inserting ‘‘this chapter’’ and D by striking ‘‘under this chapter’’ and inserting ‘‘under chapter 137 legacy provisions’’ 2 NEW 3321 B —Subsection b of such section 3321 is amended— A by striking ‘‘Each contract awarded’’ and inserting ‘‘REQUIRED WARRANTY — ‘‘ 1 CONTENT —Each contract awarded’’ B by striking ‘‘under this chapter’’ and inserting ‘‘under chapter 137 legacy provisions’’ C by striking ‘‘maintained by him’’ and inserting ‘‘maintained by the contractor’’ D by designating the second and third sentences as paragraphs 2 and 3 respectively and realigning those paragraphs 2 ems to the right E in paragraph 2 as so designated— i by inserting ‘‘REMEDY FOR BREAKING WARRANTY —’’ before ‘‘If a contractor’’ and H R 6395—800 ii by striking ‘‘the United States may annul the contract without liability or may deduct’’ and inserting ‘‘the United States— ‘‘ A may annul the contract without liability or ‘‘ B may deduct’’ and F in paragraph 3 as so designated— i by inserting ‘‘INAPPLICABILITY TO CERTAIN CONTRACTS —’’ before ‘‘This subsection’’ ii by striking ‘‘does not apply to a contract that is for an amount not greater than the simplified acquisition threshold or to a contract’’ and inserting ‘‘does not apply— ‘‘ A to a contract that is for an amount not greater than the simplified acquisition threshold or ‘‘ B to a contract’’ e TRANSFER OF SUBSECTIONS D AND E OF SECTION 2306 — Subsections d and e of section 2306 of title 10 United States Code are transferred to section 3322 of such title as amended by subsections b and c inserted at the end and redesignated as subsections b and c respectively f AMENDMENTS TO NEW 3322 — 1 NEW 3322 A —Subsection a of such section 3322 as transferred and designated by subsection c is amended by inserting ‘‘COST-PLUS-A-PERCENTAGE-OF-COST SYSTEM OF CONTRACTING PROHIBITED —’’ before ‘‘The cost-plus-a-percentageof-cost system’’ 2 NEW 3322 B —Subsection b of such section 3322 as transferred and redesignated by subsection e is amended by inserting ‘‘COST-PLUS-A-FIXED-FEE CONTRACTS —’’ before ‘‘The fee for performing a cost-plus-a-fixed-fee contract for experimental’’ 3 NEW 3322 C —Subsection c of such section 3322 as transferred and redesignated by subsection e is amended— A by striking ‘‘ 1 Except as’’ and inserting ‘‘ADVANCE NOTICE OF CERTAIN SUBCONTRACTS — ‘‘ 1 IN GENERAL —Except as’’ and B in paragraph 2 — i by inserting ‘‘EXCEPTION —’’ before ‘‘Paragraph 1 ’’ and ii by realigning that paragraph 2 ems to the right g TRANSFER OF SUBSECTION C OF SECTION 2306 — 1 TRANSFER —Subsection c of section 2306 of title 10 United States Code is transferred to section 3323 of such title as added by subsection a inserted after the section heading redesignated as subsection a and amended by designating the second sentence as subsection b 2 AMENDMENT TO NEW 3323 A —Subsection a of such section 3323 as so transferred and redesignated is amended by inserting ‘‘PROHIBITION —’’ before ‘‘A contract entered into’’ 3 AMENDMENTS TO NEW 3323 B —Subsection b of such section 3323 as designated by paragraph 1 is amended— A by striking ‘‘This’’ and inserting ‘‘APPLICABILITY — The’’ B by striking ‘‘prohibition is in addition to the prohibition specified in subsection a ’’ and inserting ‘‘prohibition specified in subsection a — H R 6395—801 ‘‘ 1 is in addition to the prohibition specified in section 3322 a of this title’’ and C by striking ‘‘system of contracting and applies notwithstanding’’ and inserting ‘‘system of contracting and ‘‘ 2 applies notwithstanding ’’ h CROSS-REFERENCE AMENDMENT —Section 2343 of title 10 United States Code is amended by striking ‘‘2306 a 2306 b 2306 e ’’ and inserting ‘‘3351 3352 a 3352 c ’’ SEC 1818 OTHER MATTERS RELATING TO AWARDING OF CONTRACTS a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by inserting after chapter 242 as added by the preceding section the following new chapter ‘‘CHAPTER 243—OTHER MATTERS RELATING TO AWARDING OF CONTRACTS ‘‘Sec ‘‘3341 ‘‘3342 ‘‘3343 ‘‘3344 ‘‘3345 øReserved¿ øReserved¿ øReserved¿ Disclosure of identity of contractor Contract authority for advanced development of initial or additional prototype units ’’ b TRANSFER OF SECTION 2316 —Section 2316 of title 10 United States Code is transferred to chapter 243 of such title as added by subsection a inserted after the table of sections and redesignated as section 3344 ’’ c TRANSFER OF SECTION 2302E —Section 2302e of title 10 United States Code is transferred to chapter 243 of such title inserted after section 3344 as transferred and redesignated by subsection b redesignated as section 3345 and amended in subsection a by striking ‘‘section 2302 2 B ’’ and inserting ‘‘section 3012 2 ’’ SEC 1819 UNDEFINITIZED CONTRACTUAL ACTIONS a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by inserting after chapter 243 as added by the preceding section the following new chapter ‘‘CHAPTER 244—UNDEFINITIZED CONTRACTUAL ACTIONS ‘‘Sec ‘‘3371 Undefinitized contractual actions required description of anticipated effect on military department requirements if use of undefinitized contractual action results in delay ‘‘3372 Undefinitized contractual actions requirements and limitations relating to definitization of contractual terms specifications and price ‘‘3373 Undefinitized contractual actions limitation on inclusion of non-urgent requirements and on modification of scope ‘‘3374 Undefinitized contractual actions allowable profit ‘‘3375 Undefinitized contractual actions time limit ‘‘3376 øReserved¿ ‘‘3377 Inapplicability to Coast Guard and National Aeronautics and Space Administration definitions H R 6395—802 ‘‘§ 3371 Undefinitized contractual actions required description of anticipated effect on military department requirements if use of undefinitized contractual action results in delay ‘‘§ 3372 Undefinitized contractual actions requirements and limitations relating to definitization of contractual terms specifications and price ‘‘§ 3373 Undefinitized contractual actions limitation on inclusion of non-urgent requirements and on modification of scope ‘‘§ 3374 Undefinitized contractual actions allowable profit ‘‘§ 3375 Undefinitized contractual actions time limit ‘‘§ 3377 Inapplicability to Coast Guard and National Aeronautics and Space Administration definitions’’ b TRANSFER OF SUBSECTION A OF SECTION 2326 —Subsection a of section 2326 of title 10 United States Code is transferred to section 3371 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation and subsection heading c TRANSFER OF SUBSECTIONS B C AND H OF SECTION 2326 — 1 TRANSFER —Subsections b c and h of section 2326 of title 10 United States Code are transferred to section 3372 of such title as added by subsection a inserted in that order after the section heading and redesignated as subsections a b and c respectively 2 AMENDMENTS TO NEW 3372 A —Subsection a of such section 3372 as transferred and redesignated by paragraph 1 is amended— A by striking ‘‘LIMITATIONS ON OBLIGATION OF FUNDS — 1 A contracting officer’’ and inserting ‘‘CONTRACTUAL ACTION TO PROVIDE TIME FOR DEFINITIZATION OF CONTRACTUAL TERMS SPECIFICATIONS AND PRICE LIMITATIONS ON OBLIGATION OF FUNDS — ‘‘ 1 TERMS FOR TIME FOR DEFINITIZATION TO BE INCLUDED IN CONTRACTUAL ACTION —A contracting officer’’ B by redesignating paragraphs 2 and 3 as subparagraphs A and B respectively and realigning those subparagraphs 4 ems to the right C by inserting before subparagraph A as so redesignated and realigned the following ‘‘ 2 LIMITATION ON OBLIGATION OF FUNDS BEFORE DEFINITIZATION —’’ D in such subparagraph A as so redesignated by striking ‘‘Except as provided in paragraph 3 ’’ and inserting ‘‘50 PERCENT LIMITATION —Except as provided in subparagraph B ’’ E in such subparagraph B as so redesignated and realigned— i by inserting ‘‘75 PERCENT LIMITATION WHEN CONTRACTOR SUBMITS QUALIFYING PROPOSAL —’’ before ‘‘If a contractor’’ and ii by striking ‘‘subsection h ’’ and inserting ‘‘section 3377 b of this title’’ H R 6395—803 F by redesignating paragraph 4 as paragraph 3 and inserting ‘‘WAIVER AUTHORITY —’’ in that paragraph before ‘‘The head of’’ and G by redesignating paragraph 5 as paragraph 4 and inserting ‘‘INAPPLICABILITY WITH RESPECT TO PURCHASE OF INITIAL SPARES —’’ in that paragraph before ‘‘This subsection does not’’ 3 AMENDMENT TO NEW 3372 B —Subsection b of such section 3372 as transferred and redesignated by paragraph 1 is amended by striking ‘‘subsection b 1 ’’ and inserting ‘‘subsection a 1 ’’ 4 AMENDMENTS TO NEW 3372 C —Subsection c of such section 3372 as transferred and redesignated by paragraph 1 is amended— A by striking ‘‘CONTRACTS — 1 Except as provided in’’ and inserting ‘‘CONTRACTS — ‘‘ 1 180-DAY REQUIREMENT —Except as provided in’’ B by striking ‘‘subsection b 1 A ’’ and inserting ‘‘subsection a 1 A ’’ C by realigning paragraph 2 2 ems to the right and D in paragraph 2 — i by inserting ‘‘WAIVER AUTHORITY —’’ before ‘‘The requirement’’ and ii by striking ‘‘subsection b 4 ’’ and inserting ‘‘subsection a 3 ’’ d TRANSFER OF SUBSECTIONS D AND E OF SECTION 2326 — Subsections d and e of section 2326 of title 10 United States Code are transferred to section 3373 of such title as added by subsection a inserted after the section heading and redesignated as subsections a and b respectively e TRANSFER OF SUBSECTION F OF SECTION 2326 — 1 TRANSFER —Subsection f of section 2326 of title 10 United States Code is transferred to section 3374 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and subsection heading and B by redesignating paragraphs 1 and 2 as subsections a and b respectively 2 AMENDMENTS TO NEW 3374 A —Subsection a of such section 3374 as so transferred and redesignated is amended— A by inserting ‘‘ALLOWED PROFIT TO REFLECT CERTAIN REDUCED COST RISKS OF CONTRACTOR —’’ before ‘‘The head of an agency’’ and B by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively 3 AMENDMENT TO NEW 3374 B —Subsection b of such section 3374 as so transferred and redesignated is amended by inserting ‘‘DATE AS OF WHICH CONTRACTOR COST RISK TO BE DETERMINED —’’ before ‘‘If a contractor’’ f TRANSFER OF SUBSECTION G OF SECTION 2326 —Subsection g of section 2326 of title 10 United States Code is transferred to section 3375 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation and subsection heading H R 6395—804 g TRANSFER OF SUBSECTIONS I AND J OF SECTION 2326 — Subsections i and j of section 2326 of title 10 United States Code are transferred to section 3377 of such title as added by subsection a inserted after the section heading redesignated as subsections a and b respectively and amended by striking ‘‘section’’ in each such subsection and inserting ‘‘chapter’’ SEC 1820 TASK AND DELIVERY ORDER CONTRACTS a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 245 and inserting the following ‘‘CHAPTER 245—TASK AND DELIVERY ORDER CONTRACTS MULTIPLE AWARD CONTRACTS ‘‘Sec ‘‘3401 ‘‘3402 ‘‘3403 ‘‘3404 ‘‘3405 ‘‘3406 Task and delivery order contracts definitions øReserved¿ Task and delivery order contracts general authority Guidance on use of task and delivery order contracts Task order contracts advisory and assistance services Task and delivery order contracts orders ’’ b TRANSFER OF SECTION 2304D — 1 TRANSFER —Section 2304d of title 10 United States Code is transferred to chapter 245 of such title as amended by subsection a inserted after the table of sections redesignated as section 3401 and amended by striking ‘‘In sections 2304a 2304b and 2304c of this title’’ and inserting ‘‘In this chapter’’ 2 ORDER OF DEFINITION PARAGRAPHS —Paragraphs 1 and 2 of such section 3401 as so transferred and redesignated are reversed in order and redesignated accordingly 3 AMENDMENTS TO NEW 3401 1 —Paragraph 1 of such section as so redesignated is amended— A by inserting ‘‘DELIVERY ORDER CONTRACT —’’ before ‘‘The term’’ B by striking ‘‘for property that does not’’ and inserting ‘‘for property— ‘‘ A that does not’’ and C by striking ‘‘quantity and that provides for’’ and inserting ‘‘quantity and ‘‘ B that provides for’’ 4 AMENDMENTS TO NEW 3401 2 —Paragraph 2 of such section as so redesignated is amended— A by inserting ‘‘TASK ORDER CONTRACT —’’ before ‘‘The term’’ B by striking ‘‘for services that does not’’ and inserting ‘‘for services— ‘‘ A that does not’’ and C by striking ‘‘quantity and that provides for’’ and inserting ‘‘quantity and ‘‘ B that provides for’’ c TRANSFER OF SECTION 2304A — 1 TRANSFER —Section 2304a of title 10 United States Code is transferred to chapter 245 of such title as amended by subsection a inserted after section 3401 as transferred H R 6395—805 and redesignated by subsection b and redesignated as section 3403 2 AMENDMENTS TO NEW 3403 A —Subsection a of such section as so redesignated is amended— A by striking ‘‘section 2304c’’ and inserting ‘‘section 3406’’ and B by striking ‘‘section 2304d’’ and inserting ‘‘section 3401’’ 3 AMENDMENTS TO NEW 3403 C —Subsection c of such section as so redesignated is amended— A by striking ‘‘section only if an exception’’ and inserting ‘‘only if— ‘‘ 1 an exception’’ B by striking ‘‘subsection c of section 2304’’ and inserting ‘‘subsection a of section 3204’’ C by striking ‘‘the contract and the use of such’’ and inserting ‘‘the contract and ‘‘ 2 the use of such’’ and D by striking ‘‘subsection f ’’ and inserting ‘‘subsection e ’’ 4 AMENDMENTS TO NEW 3403 D —Subsection d of such section as so redesignated is amended— A by striking ‘‘CONTRACT AWARDS — 1 The head of an agency’’ and inserting ‘‘CONTRACT AWARDS — ‘‘ 1 EXERCISE OF AUTHORITY —The head of an agency’’ B in paragraph 2 — i by inserting ‘‘DETERMINATION NOT REQUIRED — ’’ before ‘‘No determination’’ and ii by striking ‘‘section 2304 b ’’ and inserting ‘‘section 3203’’ C in paragraph 3 — i by striking ‘‘ A Except as’’ and inserting ‘‘WHEN SINGLE SOURCE AWARDS FOR TASK OR DELIVERY ORDER CONTRACTS EXCEEDING $100 000 000 ARE ALLOWED — A Except as’’ and ii in subparagraph B by striking ‘‘section 2304 c ’’ and inserting ‘‘section 3204 a ’’ and D in paragraph 4 by inserting ‘‘REGULATIONS — ’’ before ‘‘The regulations’’ 5 AMENDMENTS TO NEW 3403 G —Subsection g of such section as so redesignated is amended by striking ‘‘section 2304b’’ and inserting ‘‘section 3405’’ d TRANSFER OF SECTION 2304B — 1 TRANSFER —Section 2304b of title 10 United States Code is transferred to chapter 245 of such title as amended by subsection a inserted after section 3403 as transferred and redesignated by subsection c and redesignated as section 3405 2 INTERNAL REDESIGNATIONS —Subsections a b c d e f g h and i of such section are redesignated as subsections b c d e f g h i and a respectively and subsection a as so redesignated is transferred to the beginning of such section so as to appear after the section heading 3 AMENDMENTS TO NEW 3405 B —Subsection b of such section as so redesignated is amended— H R 6395—806 A by striking ‘‘section 2304c’’ and inserting ‘‘section 3406’’ and B by striking ‘‘section 2304d’’ and inserting ‘‘section 3401’’ 4 AMENDMENTS TO NEW 3405 E —Subsection e of such section as so redesignated is amended— A by striking ‘‘AND CONTRACT — 1 The solicitation’’ and inserting ‘‘AND CONTRACT — ‘‘ 1 SOLICITATION —The solicitation’’ B by striking ‘‘section 2304a b ’’ and inserting ‘‘3403 b ’’ and C by realigning paragraph 2 2 ems to the right and inserting ‘‘CONTRACT —’’ in that paragraph before ‘‘A task order’’ 5 AMENDMENTS TO NEW 3405 F —Subsection f of such section as so redesignated is amended— A by striking ‘‘MULTIPLE AWARDS — 1 The head of an agency’’ and inserting ‘‘MULTIPLE AWARDS — ‘‘ 1 AUTHORITY TO MAKE MULTIPLE AWARDS —The head of an agency’’ B by realigning paragraphs 2 and 3 2 ems to the right C by inserting ‘‘CONTENT OF SOLICITATION —’’ in paragraph 2 before ‘‘If in the case of’’ and D by inserting ‘‘NONAPPLICATION —’’ in paragraph 3 before ‘‘Paragraph 2 does not’’ 6 AMENDMENTS TO NEW 3405 G —Subsection g of such section as so redesignated is amended— A by striking ‘‘CONTRACT MODIFICATIONS — 1 A task order may not’’ and inserting ‘‘CONTRACT MODIFICATIONS — ‘‘ 1 INCREASE IN SCOPE PERIOD OR MAXIMUM VALUE OF CONTRACT ONLY BY MODIFICATION OF CONTRACT —A task order may not’’ B by realigning paragraphs 2 and 3 2 ems to the right C in paragraph 2 — i by inserting ‘‘USE OF COMPETITIVE PROCEDURES —’’ before ‘‘Unless use of’’ ii by striking ‘‘subsection c of section 2304’’ and inserting ‘‘subsection a of section 3204’’ and iii by striking ‘‘subsection f ’’ and inserting ‘‘subsection e ’’ and D in paragraph 3 by inserting ‘‘NOTICE —’’ before ‘‘Notice regarding’’ 7 AMENDMENTS TO NEW 3405 H —Subsection h of such section as so redesignated is amended— A by striking ‘‘CONTRACT EXTENSIONS — 1 Notwithstanding the limitation’’ and inserting ‘‘CONTRACT EXTENSIONS — ‘‘ 1 WHEN CONTRACT MAY BE EXTENDED —Notwithstanding the limitation’’ B in paragraph 1 by striking ‘‘subsection b ’’ and ‘‘subsection e ’’ and inserting ‘‘subsection c ’’ and ‘‘subsection f ’’ respectively and C by realigning paragraph 2 2 ems to the right and inserting ‘‘LIMIT OF ONE EXTENSION —’’ in that paragraph before ‘‘A task order contract’’ H R 6395—807 e TRANSFER OF SECTION 2304C — 1 TRANSFER —Section 2304c of title 10 United States Code is transferred to chapter 245 of such title as amended by subsection a inserted after section 3405 as transferred and redesignated by subsection d and redesignated as section 3406 2 INTERNAL REDESIGNATIONS —Subsections a b c e f and g of such section are redesignated as subsections b c e f g and a respectively subsection a as so redesignated is transferred to the beginning of such section so as to appear after the section heading and subsection e as so redesignated is transferred within such section so as to appear after subsection d 3 AMENDMENTS TO NEW 3406 A —Subsection a of such section as so transferred and redesignated is amended by striking ‘‘sections 2304a and 2304b’’ and inserting ‘‘sections 3403 and 3405’’ 4 AMENDMENT TO NEW 3406 B —Paragraph 2 of subsection b of such section as so transferred and redesignated is amended— A by striking ‘‘subsection b ’’ and inserting ‘‘subsection c ’’ and B by striking ‘‘section 2304 f ’’ and inserting ‘‘section 3204 e ’’ 5 AMENDMENTS TO NEW 3406 C —Subsection c of such section as so transferred and redesignated is amended— A by striking ‘‘section 2304a d 1 or 2304b c ’’ and inserting ‘‘section 3403 d 1 B or 3405 f ’’ and B by striking ‘‘section 2304 c ’’ in paragraph 5 and inserting ‘‘section 3204 a ’’ 6 AMENDMENTS TO NEW 3406 D —Subsection d of such section is amended— A by striking ‘‘subsection b ’’ and inserting ‘‘subsection c ’’ and B by striking ‘‘section 2305 b 5 ’’ in paragraph 5 and inserting ‘‘section 3304’’ 7 AMENDMENTS TO NEW 3406 G —Subsection g of such section is amended— A by striking ‘‘OMBUDSMAN —Each head of an agency’’ and inserting ‘‘OMBUDSMAN — ‘‘ 1 APPOINTMENT OR DESIGNATION AND RESPONSIBILITIES — Each head of an agency’’ B by striking ‘‘section 2304a d 1 B or 2304b e ’’ and inserting ‘‘section 3403 d 1 B or 3405 f ’’ C by striking ‘‘subsection b ’’ and inserting ‘‘subsection c ’’ and D by designating the second sentence as paragraph 2 and inserting ‘‘WHO IS ELIGIBLE —’’ in that paragraph before ‘‘The task and delivery order’’ SEC 1821 ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES a TRANSFER OF CHAPTER 140 — 1 TRANSFER OF CHAPTER —Chapter 140 of title 10 United States Code is transferred to part V of subtitle A of that title 10 as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law H R 6395—808 115–232 inserted in place of chapter 247 as enacted by that section and redesignated as chapter 247 2 REDESIGNATION OF SECTIONS —Sections in chapter 247 of title 10 United States Code as transferred and redesignated by paragraph 1 are redesignated as follows Old Section No 2375 2376 2377 2379 2380 2380a New Section No 3452 3451 3453 3455 3456 3457 3 TABLE OF SECTIONS —The items in the table of sections at the beginning of such chapter are amended to conform to the redesignations made by paragraph 2 4 TABLES OF CHAPTERS —The tables of chapters at the beginning of subtitle A and at the beginning of part IV of subtitle A of title 10 United States Code are amended by striking the item relating to chapter 140 b AMENDMENTS TO TRANSFERRED SECTIONS — 1 SECTION 3451 — A Section 3451 of title 10 United States Code as redesignated by subsection a 2 is transferred within chapter 247 of such title so as to appear after the table of sections at the beginning of such chapter and before section 3452 as so redesignated B The table of sections at the beginning of such chapter is amended to conform to the transfer made by subparagraph A 2 SECTION 3452 —Section 3452 of such title as redesignated by subsection a 2 is amended by striking ‘‘section 2533a’’ and ‘‘section 2533b’’ in subsection e 2 and inserting ‘‘section 4862’’ and ‘‘section 4863’’ respectively 3 SECTION 3453 —Section 3453 of such title as redesignated by subsection a 2 is amended by striking ‘‘section 2379’’ in subsection d 1 and inserting ‘‘section 3455’’ 4 SECTION 3455 —Section 3455 of such title as redesignated by subsection a 2 is amended by striking ‘‘section 2306a’’ in subsection c 1 and inserting ‘‘chapter 271’’ 5 SECTION 3456 —Section 3456 of such title as redesignated by subsection a 2 is amended by striking ‘‘section 2306a b 4 B ’’ in subsection b 2 B i and inserting ‘‘section 3703 d 2 ’’ 6 SECTION 3457 —Section 3457 of such title as redesignated by subsection a 2 is amended— A by striking ‘‘section 2376 1 ’’ in subsections a and b and inserting ‘‘section 3451 1 ’’ and B by striking ‘‘section 2302 9 ’’ in subsections a and b and inserting ‘‘section 3014’’ 7 SECTION INCORPORATED INTO SECTION 3457 —Such chapter is further amended— H R 6395—809 A by striking the heading of the final section of such chapter as transferred by subsection a B in the text following such heading by striking ‘‘Notwithstanding section 2376 1 ’’ and inserting ‘‘ c COMMINGLED ITEMS PURCHASED BY CONTRACTORS —Notwithstanding section 3451 1 ’’ and C in the table of sections at the beginning of the chapter by striking the final item SEC 1822 MULTIYEAR CONTRACTS a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 249 and inserting the following ‘‘CHAPTER 249—MULTIYEAR CONTRACTS ‘‘Subchapter Sec ‘‘I Multiyear Contracts for Acquisition of Property ‘‘II Multiyear Contracts for Acquisition of Services ‘‘III Other Authorities Relating to Multiyear Contracts 3501 3531 3551 ‘‘SUBCHAPTER I—MULTIYEAR CONTRACTS FOR ACQUISITION OF PROPERTY ‘‘Sec ‘‘3501 Multiyear contracts for acquisition of property authority definitions ‘‘3502 Multiyear contracts for acquisition of property regulations ‘‘3503 Multiyear contracts for acquisition of property contract cancellation or termination ‘‘3504 Multiyear contracts for acquisition of property participation by subcontractors vendors and suppliers ‘‘3505 Multiyear contracts for acquisition of property protection of existing authority ‘‘3506 Department of Defense contracts acquisition of weapon systems ‘‘3507 Department of Defense contracts defense acquisitions specifically authorized by law ‘‘3508 Department of Defense contracts notice to congressional committees before taking certain actions ‘‘3509 Department of Defense contracts multiyear contracts with value in excess of $500 000 000 ‘‘3510 Department of Defense contracts additional matters with respect to multiyear defense contracts ‘‘3511 Increased funding and reprogramming requests H R 6395—810 ‘‘§ 3501 Multiyear contracts for acquisition of property authority definitions ‘‘§ 3502 Multiyear contracts for acquisition of property regulations ‘‘§ 3503 Multiyear contracts for acquisition of property contract cancellation or termination ‘‘§ 3504 Multiyear contracts for acquisition of property participation by subcontractors vendors and suppliers ‘‘§ 3505 Multiyear contracts for acquisition of property protection of existing authority ‘‘§ 3506 Department of defense contracts acquisition of weapon systems ‘‘§ 3507 Department of defense contracts defense acquisitions specifically authorized by law ‘‘§ 3508 Department of defense contracts notice to congressional committees before taking certain actions ‘‘§ 3509 Department of defense contracts multiyear contracts with value in excess of $500 000 000 ‘‘§ 3510 Department of defense contracts additional matters with respect to multiyear defense contracts ‘‘§ 3511 Increased funding and reprogramming requests’’ b TRANSFER OF SUBSECTION A OF SECTION 2306B — 1 TRANSFER —Subsection a of section 2306b of title 10 United States Code is transferred to section 3501 of such title as added by subsection a and inserted after the section heading 2 CONFORMING CROSS-REFERENCE AMENDMENT —Paragraph 7 of such subsection a as so transferred is amended by striking ‘‘subparagraphs C through F of subsection i 3 ’’ and inserting ‘‘paragraphs 3 through 6 of section 3507 c of this title’’ c TRANSFER OF SUBSECTION K OF SECTION 2306B — 1 TRANSFER —Subsection k of section 2306b of title 10 United States Code is transferred to section 3501 of such title as added by subsection a and inserted after subsection a as transferred by subsection b and redesignated as subsection b 2 CONFORMING AMENDMENT —Such subsection b as so transferred and redesignated is amended by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ d TRANSFER OF SUBSECTION B OF SECTION 2306B — 1 TRANSFER AND INTERNAL REDESIGNATIONS —Subsection b of section 2306b of title 10 United States Code is transferred to section 3502 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and heading and B by redesignating paragraphs 1 and 2 as subsections a and b respectively H R 6395—811 2 AMENDMENTS TO NEW 3502 A —Subsection a of such section as so redesignated is amended— A by inserting ‘‘REQUIREMENT —’’ before ‘‘Each official named’’ B by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection b ’’ and C by striking ‘‘subsection a ’’ and inserting ‘‘section 3501 of this title’’ 3 AMENDMENTS TO NEW 3502 B —Subsection b of such section as so redesignated is amended— A by striking ‘‘ A The Secretary of Defense’’ and inserting ‘‘OFFICIALS SPECIFIED TO PRESCRIBE REGULATIONS — ‘‘ 1 DEPARTMENT OF DEFENSE —The Secretary of Defense’’ B by redesignating subparagraphs B and C as paragraphs 2 and 3 respectively and realigning those paragraphs 2 ems to the right C in paragraph 2 as so redesignated by inserting ‘‘COAST GUARD —’’ before ‘‘The Secretary of Homeland’’ and D in paragraph 3 as so redesignated by inserting ‘‘NASA —’’ before ‘‘The Administrator of’’ e TRANSFER OF SUBSECTIONS C F AND G OF SECTION 2306B — 1 TRANSFER —Subsections c f and g of section 2306b of title 10 United States Code are transferred to section 3503 of such title as added by subsection a inserted in that order after the section heading and redesignated as subsections a b and c respectively 2 AMENDMENT TO NEW 3503 A —Subsection a of such section 3503 as transferred and redesignated by paragraph 1 is amended by inserting ‘‘under section 3502 of this title’’ after ‘‘The regulations’’ 3 AMENDMENT TO NEW 3503 B —Subsection b of such section 3503 as transferred and redesignated by paragraph 1 is amended by striking ‘‘under this section’’ and inserting ‘‘under this subchapter’’ 4 AMENDMENTS TO NEW 3503 C —Subsection c of such section 3503 as transferred and redesignated by paragraph 1 is amended— A by striking ‘‘CEILINGS EXCEEDING’’ and all that follows through ‘‘Before any’’ and inserting ‘‘CEILINGS EXCEEDING $100 000 000 — ‘‘ 1 Before any’’ B by realigning paragraph 2 2 ems to the right C by striking ‘‘subsection a ’’ in paragraphs 1 and 2 and inserting ‘‘section 3501 a of this title’’ and D in paragraph 2 by striking ‘‘required by’’ and all that follows through ‘‘give written’’ and inserting ‘‘required by section 3507 c of this title give written’’ f TRANSFER OF SUBSECTION D OF SECTION 2306B — 1 TRANSFER —Subsection d of section 2306b of title 10 United States Code is transferred to section 3504 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation and heading H R 6395—812 2 AMENDMENTS TO NEW 3504 —Such section is further amended— A by inserting ‘‘under section 3502 of this title’’ after ‘‘the regulations’’ and B in paragraph 1 by striking ‘‘subsection a ’’ and inserting ‘‘section 3501 a of this title’’ g TRANSFER OF SUBSECTION E OF SECTION 2306B — 1 TRANSFER —Subsection e of section 2306b of title 10 United States Code is transferred to section 3505 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation and heading 2 AMENDMENTS TO NEW 3505 —Such section is further amended— A by inserting ‘‘under section 3502 of this title’’ after ‘‘The regulations’’ B by striking ‘‘this section’’ both places it appears and inserting ‘‘this subchapter’’ and C in paragraph 1 by striking ‘‘such a contract’’ and inserting ‘‘a contract under section 3501 a of this title’’ h TRANSFER OF SUBSECTION H OF SECTION 2306B — 1 TRANSFER —Subsection h of section 2306b of title 10 United States Code is transferred to section 3506 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation and heading 2 AMENDMENTS TO NEW 3506 —Such section is further amended— A by striking ‘‘subsection a ’’ and inserting ‘‘section 3501 a of this title’’ and B by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ i TRANSFER OF SUBSECTION I OF SECTION 2306B — 1 TRANSFER —Subsection i of section 2306b of title 10 United States Code is transferred to section 3507 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation and heading 2 INTERNAL REDESIGNATIONS AND TRANSFERS —Paragraphs 1 2 3 4 5 6 and 7 of such section 3507 are redesignated as subsections a b c f g d and e respectively and subsections d and e as so redesignated are transferred within that section so as to appear after subsection c as so redesignated 3 AMENDMENTS TO NEW 3507 A —Subsection a of such section as so redesignated is amended— A by inserting ‘‘LIMITATION —’’ before ‘‘In the case of’’ and B by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ 4 AMENDMENTS TO NEW 3507 B —Subsection b of such section as redesignated by paragraph 2 is amended— A by inserting ‘‘MATTERS TO BE INCLUDED IN REQUEST FOR AUTHORIZATION —’’ before ‘‘In submitting’’ B by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ H R 6395—813 C by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively D in paragraph 1 as so redesignated by striking ‘‘subsection a ’’ and inserting ‘‘section 3501 a of this title’’ and E in paragraph 2 as so redesignated by striking ‘‘subparagraph A ’’ and inserting ‘‘paragraph 1 ’’ 5 AMENDMENTS TO NEW 3507 C —Subsection c of such section as redesignated by paragraph 2 is amended— A by inserting ‘‘REQUIRED CERTIFICATION —’’ before ‘‘A multiyear contract’’ B by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ C by redesignating subparagraphs A through G as paragraphs 1 through 7 respectively D in paragraph 1 as so redesignated by striking ‘‘subsection a ’’ and inserting ‘‘section 3501 a of this title’’ E in paragraph 2 as so redesignated by striking ‘‘section’’ and all that follows through ‘‘of this title’’ and inserting ‘‘section 3226 b of this title’’ and F in paragraph 3 as so redesignated by striking ‘‘section 2433 d ’’ and inserting ‘‘section 4374’’ 6 AMENDMENTS TO NEW 3507 D —Subsection d of such section as redesignated and transferred by paragraph 2 is amended— A by inserting ‘‘AUTHORITY WHEN ONE OR MORE CONDITIONS NOT MET —’’ before ‘‘The Secretary may’’ B by striking ‘‘paragraph 3 ’’ and inserting ‘‘subsection c ’’ C by striking ‘‘not met if the Secretary determines that’’ and inserting ‘‘not met if— ‘‘ 1 the Secretary determines that’’ and D by striking ‘‘of Defense and the Secretary provides’’ and inserting ‘‘of Defense and ‘‘ 2 the Secretary provides’’ 7 AMENDMENTS TO NEW 3507 E —Subsection e of such section as redesignated and transferred by paragraph 2 is amended— A by inserting ‘‘LIMITATION ON DELEGATION —’’ before ‘‘The Secretary may not’’ B by striking ‘‘paragraph 3 ’’ and inserting ‘‘subsection c ’’ and C by striking ‘‘paragraph 6 ’’ and inserting ‘‘subsection d ’’ 8 AMENDMENTS TO NEW 3507 F —Subsection f of such section as redesignated by paragraph 2 is amended— A by inserting ‘‘REQUESTS FOR RELIEF FROM SPECIFIED COST SAVINGS —’’ before ‘‘If for any’’ and B by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ 9 AMENDMENTS TO NEW 3507 G —Subsection g of such section as redesignated by paragraph 2 is amended— A by striking ‘‘ A The Secretary may’’ and inserting ‘‘PROCUREMENT OF COMPLETE AND USABLE END ITEMS — ‘‘ 1 IN GENERAL —The Secretary may’’ B by redesignating subparagraph B as paragraph 2 and H R 6395—814 C in paragraph 2 as so redesignated— i by realigning the paragraph 2 ems to the right and ii by inserting ‘‘LONG-LEAD ITEMS —’’ before ‘‘The Secretary may’’ j TRANSFER OF SUBSECTION L OF SECTION 2306B — 1 TRANSFER TO NEW SECTIONS 3508 3509 AND 3510 — A TRANSFERS OF CERTAIN PARAGRAPHS OF 2306B TO NEW 3509 — i Paragraph 3 of subsection l of section 2306b of title 10 United States Code is transferred to section 3509 of such title as added by subsection a inserted after the section heading and redesignated as subsection a ii Such section 3509 is further amended by adding at the end the following ‘‘ b REPORT REQUIRED BEFORE ENTERING INTO CONTRACT ABOVE THRESHOLD —’’ iii Paragraph 5 of subsection l of such section 2306b is transferred to section 3509 of such title as added by subsection a inserted at the end of subsection b as added by clause ii and redesignated as paragraph 1 iv Paragraphs 4 and 9 of subsection l of such section 2306b are transferred to section 3509 of such title as added by subsection a inserted in that order after paragraph 1 of subsection b as transferred and redesignated by clause iii and redesignated as paragraphs 2 and 3 respectively B TRANSFER OF CERTAIN PARAGRAPHS OF 2306B TO NEW 3510 —Paragraphs 2 and 7 of subsection l of such section 2306b are transferred to section 3510 of such title as added by subsection a inserted after the section heading and redesignated as subsection b and c respectively C TRANSFER OF REMAINING PARAGRAPHS OF 2306B TO NEW 3508 —Subsection l of such section 2306b as amended by subparagraphs A and B is transferred to section 3508 of such title as added by subsection a inserted after the section heading and amended— i by striking the subsection designation and subsection heading and ii by redesignating paragraphs 1 6 and 8 as subsections a b and c respectively 2 AMENDMENTS TO NEW 3508 A —Subsection a of such section 3508 as transferred and redesignated by paragraph 1 C is amended— A by striking ‘‘ A The head of an agency’’ and inserting ‘‘NOTICE BEFORE AWARD OF CERTAIN CONTRACTS — ‘‘ 1 REQUIRED NOTICE —The head of an agency’’ B by striking ‘‘subparagraph B ’’ and inserting ‘‘paragraph 2 ’’ C by redesignating subparagraph B as paragraph 2 and realigning that paragraph 2 ems to the right and D in paragraph 2 as so redesignated— H R 6395—815 i by striking ‘‘subparagraph A ’’ and inserting ‘‘COVERED CONTRACTS —Paragraph 1 ’’ ii by redesignating clauses i and ii as subparagraphs A and B respectively and iii by redesignating subclauses I and II of subparagraph A as so redesignated as clauses i and ii respectively 3 AMENDMENT TO NEW 3508 B —Subsection b of such section 3508 as transferred and redesignated by paragraph 1 C is amended by inserting ‘‘NOTICE BEFORE TERMINATING MULTIYEAR PROCUREMENT CONTRACT —’’ before ‘‘The head of’’ 4 AMENDMENTS TO NEW 3508 C —Subsection c of such section 3508 as transferred and redesignated by paragraph 1 C is amended by striking ‘‘This subsection does not’’ and inserting ‘‘INAPPLICABILITY TO NOAA AND COAST GUARD —This section and sections 3509 and 3510 of this title do not’’ 5 AMENDMENT TO NEW 3509 A —Subsection a of such section 3509 as transferred and redesignated by paragraph 1 A i is amended by inserting ‘‘LIMITATION —’’ before ‘‘The head of’’ 6 AMENDMENTS TO NEW 3509 B —Subsection b of such section 3509 as designated and amended by clauses ii iii and iv of paragraph 1 A is amended— A in paragraph 1 — i by inserting ‘‘IN GENERAL —’’ before ‘‘The head of’’ and ii by striking ‘‘paragraph 4 ’’ and inserting ‘‘paragraph 2 ’’ B in paragraph 2 by striking ‘‘Each report required by paragraph 5 ’’ and inserting ‘‘MATTER TO BE INCLUDED IN REPORT —Each report required by paragraph 1 ’’ and C in paragraph 3 by inserting ‘‘DEFINITIONS —’’ before ‘‘In this’’ 7 AMENDMENT TO NEW 3510 B —Subsection b of such section 3510 as transferred and redesignated by paragraph 1 B is amended by inserting ‘‘FUNDING FOR ECONOMIC ORDER QUANTITY ADVANCE PROCUREMENT —’’ before ‘‘The head of’’ 8 AMENDMENT TO NEW 3510 C —Subsection c of such section 3510 as transferred and redesignated by paragraph 1 B is amended by inserting ‘‘USE OF PRESENT VALUE ANALYSIS —’’ before ‘‘The execution of’’ k TRANSFER OF SUBSECTION J OF SECTION 2306B TO NEW 3510 —Subsection j of section 2306b of title 10 United States Code is transferred to section 3510 of such title as added by subsection a inserted after the section heading redesignated as subsection a and amended by striking the first word of the subsection heading l TRANSFER OF SUBSECTION M OF SECTION 2306B TO NEW 3511 —Subsection m of section 2306b of title 10 United States Code is transferred to section 3511 of such title as added by subsection a inserted after the section heading and amended— 1 by striking the subsection designation and subsection heading 2 by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ and 3 by striking ‘‘subsection i ’’ and inserting ‘‘section 3507 of this title’’ H R 6395—816 m NEW SUBCHAPTER —Chapter 249 of title 10 United States Code as amended by subsection a is amended by adding at the end the following new subchapter ‘‘SUBCHAPTER II—MULTIYEAR CONTRACTS FOR ACQUISITION OF SERVICES ‘‘Sec ‘‘3531 Multiyear contracts for acquisition of services authority definitions ‘‘3532 Multiyear contracts for acquisition of services applicable principles ‘‘3533 Multiyear contracts for acquisition of services contract cancellation or termination ‘‘3534 Multiyear contracts for acquisition of services contracts with value above $500 000 000 to be specifically authorized by law ‘‘3535 Multiyear contracts for acquisition of services notice to congressional committees before taking certain actions ‘‘§ 3531 Multiyear contracts for acquisition of services authority definitions ‘‘§ 3532 Multiyear contracts for acquisition of services applicable principles ‘‘§ 3533 Multiyear contracts for acquisition of services contract cancellation or termination ‘‘§ 3534 Multiyear contracts for acquisition of services contracts with value above $500 000 000 to be specifically authorized by law ‘‘§ 3535 Multiyear contracts for acquisition of services notice to congressional committees before taking certain actions’’ n TRANSFER OF SUBSECTIONS A B F AND H OF SECTION 2306C — 1 TRANSFER —Subsections a b f and h of section 2306c of title 10 United States Code are transferred to section 3531 of such title as added by subsection n and inserted in that order after the section heading and subsections f and h are redesignated as subsections c and d respectively 2 AMENDMENT TO NEW 3531 A —Subsection a of such section 3531 as so transferred is amended by striking ‘‘subsections d and e ’’ and inserting ‘‘sections 3533 and 3534 of this title’’ 3 AMENDMENT TO NEW 3531 C D —Subsections c and d of such section 3531 as so transferred and redesignated are each amended by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ o TRANSFER OF SUBSECTION C OF SECTION 2306C —Subsection c of section 2306c of title 10 United States Code is transferred to section 3532 of such title as added by subsection m inserted after the section heading and amended— 1 by striking the subsection designation and subsection heading and 2 by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ p TRANSFER OF SUBSECTION E OF SECTION 2306C —Subsection e of section 2306c of title 10 United States Code is transferred to section 3533 of such title as added by subsection m inserted after the section heading and redesignated as subsection a H R 6395—817 q TRANSFER OF PARAGRAPHS 4 5 OF SUBSECTION D SECTION 2306C — 1 INSERTION OF SUBSECTION B DESIGNATION —Such section 3533 is further amended by adding at the end the following ‘‘ b CONTRACT CANCELLATION CEILINGS EXCEEDING $100 000 000 —’’ 2 TRANSFER AND REDESIGNATION OF PARAGRAPHS —Paragraphs 4 and 5 of subsection d of section 2306c of title 10 United States Code are transferred to such section 3533 of such title inserted at the end of subsection b as added by paragraph 1 and redesignated as paragraphs 1 and 2 respectively 3 AMENDMENT TO NEW 3533 B 1 —Paragraph 1 of such subsection b as so transferred and redesignated is amended by striking ‘‘subsection a ’’ and inserting ‘‘sections 3531 a of this title’’ 4 AMENDMENT TO NEW 3533 B 2 —Paragraph 2 of such subsection b as so transferred and redesignated is amended— A by striking ‘‘subsection a ’’ and inserting ‘‘sections 3531 a of this title’’ and B by striking ‘‘paragraph 4 ’’ and inserting ‘‘paragraph 1 ’’ r TRANSFER OF PARAGRAPH 2 OF SUBSECTION D OF SECTION 2306C —Paragraph 2 of subsection d of such section 2306c is transferred to section 3534 of such title as added by subsection m inserted after the section heading and amended— 1 by striking the paragraph designation and 2 by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ s TRANSFER OF REMAINDER OF SUBSECTION D OF SECTION 2306C — 1 TRANSFER —Subsection d of such section 2306c as amended by subsections r and s is transferred to section 3535 of such title as added by subsection m inserted after the section heading and amended— A by striking the subsection designation and subsection heading and B by redesignating paragraphs 1 and 3 as subsections a and b respectively 2 AMENDMENTS TO NEW 3535 A —Subsection a of such section 3535 as so transferred and redesignated is amended— A by inserting ‘‘NOTICE BEFORE AWARD OF CERTAIN CONTRACTS —’’ before ‘‘The head of an agency’’ and B by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ 3 AMENDMENT TO NEW 3535 B —Subsection b of such section 3535 as so transferred and redesignated is amended by inserting ‘‘NOTICE BEFORE TERMINATING MULTIYEAR PROCUREMENT CONTRACT FOR SERVICES —’’ before ‘‘The head of an agency’’ t OTHER AUTHORITIES — 1 NEW SUBCHAPTER —Chapter 249 of title 10 United States Code as amended by this section is further amended by adding at the end the following new subchapter OF H R 6395—818 ‘‘SUBCHAPTER III—OTHER AUTHORITIES RELATING TO MULTIYEAR CONTRACTS ‘‘Sec ‘‘3551 Multiyear procurement authority purchase of dinitrogen tetroxide hydrazine and hydrazine-related products ’’ 2 TRANSFER OF SECTION 2410O —Section 2410o of title 10 United States Code is transferred to subchapter III of chapter 249 of such title as added by paragraph 1 inserted after the table of sections and redesignated as section 3551 SEC 1823 SIMPLIFIED ACQUISITION PROCEDURES a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 251 and inserting the following ‘‘CHAPTER 251—SIMPLIFIED ACQUISITION PROCEDURES ‘‘Sec ‘‘3571 Simplified acquisition threshold ‘‘3572 Implementation of simplified acquisition procedures ‘‘3573 Micro-purchase threshold ’’ b TRANSFER OF SECTIONS —Section 2302a 2302b and 2338 of title 10 United States Code are transferred to chapter 251 of such title as amended by subsection a inserted in that order after the table of sections and redesignated as sections 3571 3572 and 3573 respectively c CONFORMING CROSS-REFERENCE AMENDMENTS — 1 Section 3571 of such title as so transferred and redesignated is amended by striking ‘‘section 2303’’ in subsection a and inserting ‘‘section 3063’’ 2 Section 3572 of such title as so transferred and redesignated is amended by striking ‘‘section 2303 a ’’ and inserting ‘‘section 3063’’ SEC 1824 RAPID ACQUISITION PROCEDURES a REVISED CHAPTER OUTLINE —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 is amended by striking chapter 253 and inserting the following ‘‘CHAPTER 253—RAPID ACQUISITION PROCEDURES ‘‘Subchapter Sec ‘‘I øReserved¿ 3601 ‘‘II øReserved¿ 3611’’ b CLERICAL AMENDMENTS —The tables of chapters at the beginning of subtitle A and at the beginning of part V of subtitle A of title 10 United States Code are amended by striking the item relating to chapter 253 and inserting the following new item ‘‘253 Rapid Acquisition Procedures 3601’’ SEC 1825 CONTRACTS FOR LONG-TERM LEASE OR CHARTER OF VESSELS AIRCRAFT AND COMBAT VEHICLES a NEW CHAPTERS —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National H R 6395—819 Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by inserting after chapter 255 the following new chapters ‘‘CHAPTER 257—CONTRACTS FOR LONG-TERM LEASE OR CHARTER OF VESSELS AIRCRAFT AND COMBAT VEHICLES ‘‘Sec ‘‘3671 Requirement for authorization by law of certain contracts relating to vessels aircraft and combat vehicles ‘‘3672 Requirement of specific authorization by law for appropriation and for obligation and expenditure of funds for certain contracts relating to aircraft naval vessels and combat vehicles ‘‘3673 Limitation on indemnification ‘‘3674 Long-term lease or charter defined substantial termination liability ‘‘3675 Capital lease or lease-purchase treated as an acquisition ‘‘3676 Guidelines ‘‘3677 Contracts for lease or use of vessels for a term of greater than two years but less than five years prior notice to congressional committees ‘‘3678 Contracts with terms of 18 months or more limitation ‘‘§ 3671 Requirement for authorization by law of certain contracts relating to vessels aircraft and combat vehicles ‘‘§ 3672 Requirement of specific authorization by law for appropriation and for obligation and expenditure of funds for certain contracts relating to aircraft naval vessels and combat vehicles ‘‘§ 3673 Limitation on indemnification ‘‘§ 3674 Long-term lease or charter defined substantial termination liability ‘‘§ 3675 Capital lease or lease-purchase treated as an acquisition ‘‘§ 3676 Guidelines ‘‘§ 3677 Contracts for lease or use of vessels for a term of greater than two years but less than five years prior notice to congressional committees ‘‘§ 3678 Contracts with terms of 18 months or more limitation ‘‘CHAPTER 258—OTHER TYPES OF CONTRACTS USED FOR PROCUREMENTS FOR PARTICULAR PURPOSES ‘‘Sec ‘‘3681 Leasing of commercial vehicles and equipment ‘‘§ 3681 Leasing of commercial vehicles and equipment’’ b TRANSFER OF SUBSECTIONS A AND B OF SECTION 2401 — Subsections a and b of section 2401 of title 10 United States Code are transferred to section 3671 of such title as added by subsection a and inserted after the section heading c TRANSFER OF SUBSECTION C 2 OF SECTION 2401 —Paragraph 2 of subsection c of such section 2401 is transferred to section 3673 of such title as added by subsection a inserted after the section heading and amended— 1 by striking the paragraph designation H R 6395—820 2 by striking ‘‘this section’’ and inserting ‘‘this chapter’’ and 3 by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively d TRANSFER OF SUBSECTION C 1 OF SECTION 2401 —Subsection c of such section 2401 as amended by subsection c is transferred to section 3672 of such title as added by subsection a inserted after the section heading redesignated as subsection a and amended— 1 by striking ‘‘ 1 Funds may not’’ and inserting ‘‘LIMITATION —Funds may not’’ and 2 by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively e TRANSFER OF SUBSECTION E OF SECTION 2401 —Subsection e of section 2401 of such title is transferred to section 3672 of such title as added by subsection a inserted after subsection a as transferred and redesignated by subsection d redesignated as subsection b and amended— 1 by striking ‘‘ 1 Whenever a request’’ and inserting ‘‘MATTER TO BE SUBMITTED TO CONGRESS — 1 Whenever a request’’ 2 in paragraph 2 by striking ‘‘subsection g ’’ and inserting ‘‘section 3676 of this title’’ and 3 in paragraph 3 by striking ‘‘this section’’ and inserting ‘‘this chapter’’ f TRANSFER OF SUBSECTION D OF SECTION 2401 — 1 TRANSFER —Subsection d of section 2401 of such title is transferred to section 3674 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and B by redesignating paragraphs 1 and 2 as subsections a and b respectively 2 AMENDMENTS TO NEW 3674 A —Subsection a of such section 3674 as so redesignated is amended— A by striking ‘‘ A In this section’’ and inserting ‘‘LONG-TERM LEASE OR CHARTER — ‘‘ 1 GENERAL RULE — ‘‘ A In this chapter’’ B by striking ‘‘subparagraph B ’’ and inserting ‘‘paragraph 2 ’’ and C by redesignating subparagraph B as paragraph 2 D by designating the sentence after clause ii of subparagraph A as subparagraph B and E in paragraph 2 as redesignated by subparagraph C — i by striking ‘‘In the case of’’ and inserting ‘‘SPECIAL RULE — ‘‘ A In the case of’’ and ii by designating the sentence after clause ii of subparagraph A as subparagraph B 3 AMENDMENTS TO NEW 3674 B —Subsection b of such section 3674 as so redesignated is amended— A by inserting ‘‘SUBSTANTIAL TERMINATION LIABILITY —’’ before ‘‘For the purposes of’’ B by striking ‘‘this section’’ and inserting ‘‘this chapter’’ H R 6395—821 C by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively and D in paragraph 2 as so redesignated by redesignating clauses i and ii as subparagraphs A and B respectively g TRANSFER OF SUBSECTION F OF SECTION 2401 — 1 TRANSFER —Subsection f of section 2401 of such title is transferred to section 3675 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and B by redesignating paragraphs 1 and 2 as subsections a and b respectively 2 AMENDMENTS TO NEW 3675 A —Subsection a of such section 3675 as so redesignated is amended— A inserting ‘‘IN GENERAL —’’ before ‘‘If a lease or charter’’ B by striking ‘‘this section’’ and inserting ‘‘this chapter’’ and C by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively 3 AMENDMENTS TO NEW 3675 B —Subsection b of such section 3675 as so redesignated is amended by striking ‘‘In this subsection’’ and inserting ‘‘DEFINITIONS —In this section’’ h TRANSFER OF SUBSECTION G OF SECTION 2401 —Subsection g of section 2401 of such title is transferred to section 3676 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation i TRANSFER OF SUBSECTION H OF SECTION 2401 —Subsection h of section 2401 of such title is transferred to section 3677 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation j TRANSFER OF SUBSECTION B OF SECTION 2401A —Subsection b of section 2401a of such title is transferred to section 3678 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation and subsection heading k TRANSFER OF SUBSECTION A OF SECTION 2401A —Subsection a of section 2401a of such title is transferred to section 3681 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation and subsection heading l TABLES OF CHAPTERS AMENDMENTS —The tables of chapters at the beginning of subtitle A and at the beginning of part V of subtitle A of title 10 United States Code are amended by inserting after the item relating to chapter 255 the following new items ‘‘257 Contracts for Long-Term Lease or Charter of Vessels Aircraft and Combat’’ Subtitle D—General Contracting Provisions SEC 1831 COST OR PRICING DATA a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– H R 6395—822 232 is amended by striking chapter 271 and inserting the following ‘‘CHAPTER 271—TRUTHFUL COST OR PRICING DATA TRUTH IN NEGOTIATIONS ‘‘Sec ‘‘3701 ‘‘3702 ‘‘3703 ‘‘3704 ‘‘3705 ‘‘3706 ‘‘3707 ‘‘3708 Definitions Required cost or pricing data and certification Exceptions Cost or pricing data on below-threshold contracts Submission of other information Price reductions for defective cost or pricing data Interest and penalties for certain overpayments Right to examine contractor records ‘‘§ 3701 Definitions ‘‘§ 3702 Required cost or pricing data and certification ‘‘§ 3703 Exceptions ‘‘§ 3704 Cost or pricing data on below-threshold contracts ‘‘§ 3705 Submission of other information ‘‘§ 3706 Price reductions for defective cost or pricing data ‘‘§ 3707 Interest and penalties for certain overpayments ‘‘§ 3708 Right to examine contractor records’’ b TRANSFER OF SUBSECTION H OF SECTION 2306A —Subsection h of section 2306a of title 10 United States Code is transferred to section 3701 of such title as added by subsection a inserted after the section heading redesignated as subsection a and amended— 1 by striking ‘‘this section’’ and inserting ‘‘this chapter’’ and 2 in paragraph 1 by striking ‘‘subsection e 1 B ’’ and inserting ‘‘section 3706 a 2 of this title’’ c TRANSFER OF SUBSECTION A OF SECTION 2306A — 1 TRANSFER —Subsection a of section 2306a of title 10 United States Code is transferred to section 3702 of such title as added by subsection a inserted after the section heading and amended by redesignating paragraphs 2 through 7 as subsections b through g respectively 2 CONFORMING INTERNAL REDESIGNATIONS AND INSERTION OF HEADINGS IN NEW 3702 A —Such subsection a as so transferred and amended is amended— A by striking ‘‘REQUIRED COST OR PRICING DATA AND CERTIFICATION — 1 the head of’’ and inserting ‘‘WHEN REQUIRED —The head of’’ B by redesignating subparagraphs A B C and D as paragraphs 1 2 3 and 4 respectively C in paragraph 1 as so redesignated— i by inserting ‘‘OFFEROR FOR PRIME CONTRACT — ’’ before ‘‘An offeror’’ and ii by redesignating clauses i and ii as subparagraphs A and B respectively D in paragraph 2 as so redesignated— i by inserting ‘‘CONTRACTOR —’’ before ‘‘The contractor’’ H R 6395—823 ii by redesignating clauses i ii and iii as subparagraphs A B and C respectively iii in subparagraph A as so redesignated by striking ‘‘subparagraph A i ’’ and inserting ‘‘paragraph 1 A ’’ iv in subparagraph B as so redesignated by striking ‘‘paragraph 6 ’’ and inserting ‘‘subsection f ’’ and v in subparagraph C as so redesignated by striking ‘‘clause i or ii ’’ and inserting ‘‘subparagraph A or B ’’ E in paragraph 3 as so redesignated— i by inserting ‘‘OFFEROR FOR SUBCONTRACT —’’ before ‘‘An offeror’’ ii by redesignating clauses i ii and iii as subparagraphs A B and C respectively iii in subparagraph A as so redesignated by striking ‘‘subparagraph A i ’’ and inserting ‘‘paragraph 1 A ’’ iv in subparagraph B as so redesignated by striking ‘‘paragraph 6 ’’ and inserting ‘‘subsection f ’’ and v in subparagraph C as so redesignated by striking ‘‘clause i or ii ’’ and inserting ‘‘subparagraph A or B ’’ and F in paragraph 4 as so redesignated— i by inserting ‘‘SUBCONTRACTOR —’’ before ‘‘The subcontractor’’ ii by redesignating clauses i and ii as subparagraphs A and B respectively iii in the matter preceding subparagraph A as so redesignated by striking ‘‘subparagraph C ’’ and inserting ‘‘paragraph 3 ’’ iv in subparagraph A as so redesignated by striking ‘‘subparagraph C i ’’ and inserting ‘‘paragraph 3 A ’’ and v in subparagraph B as so redesignated by striking ‘‘subparagraph C iii ’’ and inserting ‘‘paragraph 3 C ’’ 3 CONFORMING AMENDMENTS IN NEW SECTION 3702 A TO REFERENCES TO CHAPTER 137 —Such subsection a is further amended by striking ‘‘a prime contract under this chapter’’ each place it appears and inserting ‘‘a prime contract under a chapter 137 legacy provision’’ 4 CONFORMING INTERNAL REDESIGNATIONS AND INSERTION OF HEADING IN NEW 3702 B —Subsection b of section 3702 as transferred and redesignated by paragraph 1 is amended— A by inserting ‘‘CERTFICATION —’’ before ‘‘A person required’’ B by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ and C by striking ‘‘subsection c ’’ and inserting ‘‘section 3704 of this title’’ 5 CONFORMING INTERNAL REDESIGNATIONS AND INSERTION OF HEADING IN NEW 3702 C —Subsection c of section 3702 as transferred and redesignated by paragraph 1 is amended— H R 6395—824 A by inserting ‘‘TO WHOM SUBMITTED —’’ before ‘‘Cost or pricing data’’ B by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively and C in the matter preceding paragraph 1 as so redesignated— i by striking ‘‘paragraph 1 or under subsection c ’’ and inserting ‘‘subsection a or under section 3704 of this title ’’ and ii by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection b ’’ 6 CONFORMING INTERNAL REDESIGNATIONS AND INSERTION OF HEADING IN NEW 3702 D —Subsection d of section 3702 as transferred and redesignated by paragraph 1 is amended— A by inserting ‘‘APPLICABILITY OF CHAPTER —’’ before ‘‘Except as provided under’’ and B by striking ‘‘subsection b ’’ and inserting ‘‘section 3703 of this title’’ 7 CONFORMING INTERNAL REDESIGNATIONS AND INSERTION OF HEADING IN NEW 3702 E —Subsection e of section 3702 as transferred and redesignated by paragraph 1 is amended— A by inserting ‘‘SUBCONTRACTS NOT AFFECTED BY WAIVER —’’ before ‘‘A waiver of’’ B by striking ‘‘subsection b 1 C ’’ and inserting ‘‘section 3703 a 3 of this title’’ C by striking ‘‘paragraph 1 C ’’ and inserting ‘‘subsection a 3 ’’ and D by striking ‘‘that paragraph’’ and inserting ‘‘that subsection’’ 8 CONFORMING INTERNAL REDESIGNATIONS AND INSERTION OF HEADING IN NEW 3702 F —Subsection f of section 3702 as transferred and redesignated by paragraph 1 is amended— A by inserting ‘‘MODIFICATIONS TO PRIOR CONTRACTS —’’ before ‘‘Upon the request of’’ B by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ C by striking ‘‘that paragraph’’ and inserting ‘‘that subsection’’ and D by striking ‘‘subparagraphs B ii and C ii of paragraph 1 ’’ and inserting ‘‘paragraphs 2 B and 3 B of subsection a ’’ 9 CONFORMING INTERNAL REDESIGNATIONS AND INSERTION OF HEADING IN NEW 3702 G —Subsection g of section 3702 as transferred and redesignated by paragraph 1 is amended— A by inserting ‘‘ADJUSTMENT OF AMOUNTS —’’ before ‘‘Effective on’’ and B by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ d TRANSFER OF SUBSECTION B OF SECTION 2306A — 1 TRANSFER —Subsection b of section 2306a of title 10 United States Code is transferred to section 3703 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and subsection heading and H R 6395—825 B by redesignating paragraphs 1 through 6 as subsections a through f respectively and realigning those subsections flush to the left margin 2 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3703 A —Subsection a of such section 3703 as so transferred and redesignated by paragraph 1 is amended— A by redesignating subparagraphs A B C and D as paragraphs 1 2 3 and 4 respectively B in the matter preceding paragraph 1 as so redesignated by striking ‘‘under subsection a ’’ and inserting ‘‘under section 3702 of this title’’ C in paragraph 1 as so redesignated by redesignating clauses i and ii as subparagraphs A and B respectively and D in paragraph 3 as so redesignated by striking ‘‘this section’’ and inserting ‘‘this chapter’’ and E in paragraph 4 as so redesignated by redesignating clauses i and ii as subparagraphs A and B respectively 3 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3703 B —Subsection b of such section 3703 as so transferred and redesignated by paragraph 1 is amended— A by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively B in the matter preceding paragraph 1 as so redesignated— i by striking ‘‘paragraph 1 A or 1 B ’’ and inserting ‘‘paragraph 1 or 2 of subsection a ’’ and ii by striking ‘‘subsection a ’’ and inserting ‘‘section 3702 of this title’’ and C in paragraph 1 as so redesignated by striking ‘‘paragraph 1 A or 1 B ’’ and inserting ‘‘paragraph 1 or 2 of subsection a ’’ 4 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3703 C —Subsection c of such section 3703 as so transferred and redesignated by paragraph 1 is amended— A by redesignating subparagraphs A B and C as paragraphs 1 2 and 3 respectively B in paragraph 1 as so redesignated— i by striking ‘‘paragraph 1 B ’’ and inserting ‘‘subsection a 2 ’’ ii by striking ‘‘subsection a 1 A i ’’ and inserting ‘‘section 3702 a 1 A of this title’’ and iii by striking ‘‘subsection a 7 ’’ and inserting ‘‘section 3702 g of this title’’ C in paragraph 2 as so redesignated by striking ‘‘this paragraph’’ and inserting ‘‘this subsection’’ and D in paragraph 3 as so redesignated— i by redesignating clauses i and ii as subparagraphs A and B respectively ii in the matter preceding subparagraph A as so redesignated by striking ‘‘subparagraph A ’’ and inserting ‘‘paragraph 1 ’’ and ii in subparagraph A as so redesignated by striking ‘‘subparagraph A or C of paragraph 1 ’’ and inserting ‘‘paragraph 1 or 3 of subsection a ’’ H R 6395—826 5 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3703 D —Subsection d of such section 3703 as so transferred and redesignated by paragraph 1 is amended— A by redesignating subparagraphs A B and C as paragraphs 1 2 and 3 respectively B in paragraph 1 as so redesignated by striking ‘‘paragraph 1 B ’’ and inserting ‘‘subsection a 2 ’’ C in paragraph 2 as so redesignated by striking ‘‘subparagraph A ’’ and inserting ‘‘paragraph 1 ’’ and D in paragraph 3 as so redesignated— i by redesignating clauses i and ii as subparagraphs A and B respectively and ii in the matter preceding subparagraph A as so redesignated by striking ‘‘subparagraph B ’’ and inserting ‘‘paragraph 2 ’’ 6 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3703 F —Subsection f of such section 3703 as so transferred and redesignated by paragraph 1 is amended— A by striking ‘‘subsection a ’’ and inserting ‘‘section 3702 of this title’’ and B by striking ‘‘paragraph 1 A ’’ and inserting ‘‘subsection a 1 ’’ e TRANSFER OF SUBSECTION C OF SECTION 2306A — 1 TRANSFER —Subsection c of section 2306a of title 10 United States Code is transferred to section 3704 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and subsection heading and B by redesignating paragraphs 1 2 and 3 as subsections a b and c respectively and realigning those subsections flush to the left margin 2 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3704 A —Subsection a of such section 3704 as so transferred and redesignated is amended— A by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection b ’’ B by striking ‘‘subsection a ’’ and inserting ‘‘section 3702 of this title’’ and C by striking ‘‘under this subsection’’ and inserting ‘‘under this section’’ 3 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3704 B —Subsection b of such section 3704 as so transferred and redesignated is amended— A by striking ‘‘under this paragraph’’ and inserting ‘‘under this subsection’’ and B by striking ‘‘subparagraph A or B of subsection b 1 ’’ and inserting ‘‘paragraph 1 or 2 of section 3703 a of this title’’ 4 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3704 C —Subsection c of such section 3704 as so transferred and redesignated is amended by striking ‘‘under this paragraph’’ and inserting ‘‘under this subsection’’ f TRANSFER OF SUBSECTION D OF SECTION 2306A — 1 TRANSFER —Subsection d of section 2306a of title 10 United States Code is transferred to section 3705 of such H R 6395—827 title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and subsection heading and B by redesignating paragraphs 1 2 and 3 as subsections a b and c respectively and realigning those subsections flush to the left margin 2 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3705 A —Subsection a of such section 3705 as so transferred and redesignated is amended— A by striking ‘‘under this section’’ and inserting ‘‘under this chapter’’ and A by striking ‘‘subsection b 1 A ’’ and inserting ‘‘section 3703 a 1 of this title’’ 3 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3705 B —Subsection b of such section 3705 as so transferred and redesignated is amended— A by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively B in paragraph 1 as so redesignated— i by redesignating clauses i through vi as subparagraphs A through F respectively and ii in the matter preceding subparagraph A as so redesignated by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ and C in paragraph 2 as so redesignated— i by redesignating clauses i and ii as subparagraphs A and B respectively and ii in subparagraph A as so redesignated by striking ‘‘subparagraph A ’’ and inserting ‘‘paragraph 1 ’’ 4 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3705 C —Subsection c of such section 3705 as so transferred and redesignated is amended— A by redesignating subparagraphs A B and C as paragraphs 1 2 and 3 respectively and B in the matter preceding paragraph 1 as so redesignated by striking ‘‘under paragraph 1 ’’ and inserting ‘‘under subsection a ’’ g TRANSFER OF SUBSECTION E OF SECTION 2306A — 1 TRANSFER —Subsection e of section 2306a of title 10 United States Code is transferred to section 3706 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and subsection heading and B by redesignating paragraphs 1 2 3 and 4 as subsections a b c and d respectively 2 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3706 A —Subsection a of such section 3706 as so transferred and redesignated is amended— A by striking ‘‘ A A prime contract’’ and inserting ‘‘PROVISION REQUIRING ADJUSTMENT — ‘‘ 1 IN GENERAL —A prime contract’’ B by striking ‘‘subsection a 2 ’’ and inserting ‘‘section 3702 b of this title’’ H R 6395—828 C by redesignating subparagraph B as paragraph 2 D by inserting ‘‘WHAT CONSTITUTES DEFECTIVE COST before ‘‘For the purposes’’ and E by striking ‘‘of this section’’ and inserting ‘‘of this chapter’’ 3 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3706 B —Subsection b of such section 3706 as so transferred and redesignated is amended— A by inserting ‘‘VALID DEFENSE —’’ before ‘‘In determining for’’ and B by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ 4 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3706 C —Subsection c of such section 3706 as so transferred and redesignated is amended— A by inserting ‘‘INVALID DEFENSES —’’ before ‘‘It is not’’ B by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ C by redesignating subparagraphs A B C and D as paragraphs 1 2 3 and 4 respectively D in paragraph 1 as so redesignated by redesignating clauses i and ii as subparagraphs A and B respectively and E in paragraph 4 as so redesignated by striking ‘‘subsection a 2 ’’ and inserting ‘‘section 3702 b of this title’’ 5 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3706 D —Subsection d of such section 3706 as so transferred and redesignated is amended— A by striking ‘‘ A A contractor shall’’ and inserting ‘‘OFFSETS — ‘‘ 1 WHEN ALLOWED —A contractor shall’’ B by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ C by redesignating subparagraph B as paragraph 2 D in paragraph 1 as designated by subparagraph A by redesignating clauses i and ii as subparagraphs A and B respectively E in subparagraph B as so redesignated by subparagraph D — i by striking ‘‘paragraph 1 B ’’ and inserting ‘‘subsection a 2 ’’ and ii by striking ‘‘subsection a 3 ’’ and inserting ‘‘section 3702 c of this title’’ and F in paragraph 2 as redesignated by subparagraph C — i by striking ‘‘subparagraph A ’’ and inserting ‘‘paragraph 1 ’’ ii by redesignating clauses i and ii as subparagraphs A and B respectively iii in subparagraph A as so redesignated by striking ‘‘subsection a 2 ’’ and inserting ‘‘section 3702 b of this title’’ and iv in subparagraph B as so redesignated— OR PRICING DATA —’’ H R 6395—829 I by striking ‘‘subparagraph A ii ’’ and inserting ‘‘paragraph 1 B ’’ and II by striking ‘‘paragraph 1 B ’’ and inserting ‘‘subsection a 2 ’’ h TRANSFER OF SUBSECTION F OF SECTION 2306A — 1 TRANSFER —Subsection f of section 2306a of title 10 United States Code is transferred to section 3707 of such title as added by subsection a inserted after the section heading redesignated as subsection a and amended by redesignating paragraph 2 as subsection b 2 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3707 A —Subsection a of such section 3706 as so transferred and redesignated is amended— A by striking ‘‘INTEREST AND PENALTIES FOR CERTAIN OVERPAYMENTS — 1 ’’ and inserting ‘‘IN GENERAL —’’ B by striking ‘‘this section’’ and inserting ‘‘this chapter’’ C by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively and D in paragraph 1 as so redesignated by redesignating clauses i and ii as subparagraphs A and B respectively 3 CONFORMING INTERNAL REDESIGNATIONS IN NEW 3707 B —Subsection b of such section 3706 as so transferred and redesignated is amended— A by inserting ‘‘LIABILITY NOT AFFECTED BY REFUSAL TO SUBMIT CERTIFICATION —’’ before ‘‘Any liability’’ B by striking ‘‘this subsection’’ and inserting ‘‘this section’’ and C by striking ‘‘subsection a 2 ’’ and inserting ‘‘section 3702 b of this title’’ i TRANSFER OF SUBSECTION G OF SECTION 2306A —Subsection g of section 2306a of title 10 United States Code is transferred to section 3708 of such title as added by subsection a inserted after the section heading and amended— 1 by striking the subsection redesignation and subsection heading 2 by striking ‘‘this section’’ and inserting ‘‘this chapter’’ and 3 by striking ‘‘section 2313 a 2 ’’ and inserting ‘‘section 3841 b 2 ’’ j CONFORMING CROSS-REFERENCE AMENDMENTS — 1 Section 1608 b of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114–92 10 U S C 2273 note is amended by striking ‘‘section 2306a’’ and inserting ‘‘chapter 271’’ 2 Section 866 b 4 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 Public Law 111–383 10 U S C 2302 note is amended— A in subparagraph A by striking ‘‘section 2306a’’ and inserting ‘‘chapter 271’’ and B in subparagraph B by striking ‘‘section 2306a d ’’ and inserting ‘‘section 3705’’ 3 Section 2343 of title 10 United States Code is amended by striking ‘‘2306a and 2313’’ and inserting ‘‘3701–3708 and 3841’’ H R 6395—830 4 Section 2379 c 1 of title 10 United States Code is amended by striking ‘‘section 2306a’’ and inserting ‘‘sections 3701–3708’’ 5 Section 2380 b 2 B i of title 10 United States Code is amended by striking ‘‘section 2306a b 4 B ’’ and inserting ‘‘section 3703 d 2 ’’ 6 Section 9511a d of title 10 United States Code is amended by striking ‘‘section 2306a’’ and inserting ‘‘chapter 271’’ 7 Section 890 a 2 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 10 U S C 2306a note is amended by striking ‘‘section 2306a’’ and inserting ‘‘of chapter 271’’ k CHAPTER FOR ADDITIONAL COST OR PRICING PROVISIONS — Such Part V is further amended by inserting after chapter 271 as added by subsection a the following new chapter ‘‘CHAPTER 272—OTHER PROVISIONS RELATING TO COST OR PRICING DATA ‘‘Sec ‘‘3721 Evaluating the reasonableness of price guidance and training ‘‘3722 Grants of exceptions to cost or pricing data certification requirements and waivers of cost accounting standards ‘‘3723 Streamlining awards for innovative technology projects pilot program ‘‘3724 Risk-based contracting for smaller contract actions under Truth in Negotiations Act pilot program ‘‘§ 3721 Evaluating the reasonableness of price guidance and training ‘‘øReserved¿ ‘‘§ 3722 Grants of exceptions to cost or pricing data certification requirements and waivers of cost accounting standards ‘‘øReserved¿ ‘‘§ 3723 Streamlining awards for innovative technology projects pilot program ‘‘øReserved¿ ‘‘§ 3724 Risk-based contracting for smaller contract actions under truth in negotiations act pilot program ‘‘øReserved¿ ’’ l TABLES OF CHAPTERS AMENDMENTS —The tables of chapters at the beginning of subtitle A and at the beginning of part V of subtitle A as added by section 801 of Public Law 115–232 of title 10 United States Code are amended by striking the item relating to chapter 271 and inserting the following ‘‘271 Truthful Cost or Pricing Data Truth in Negotiations 3701 ‘‘272 Other Provisions Relating to Cost or Pricing Data 3721’’ SEC 1832 ALLOWABLE COSTS a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 273 and inserting the following ’’ H R 6395—831 ‘‘CHAPTER 273—ALLOWABLE COSTS ‘‘Subchapter Sec ‘‘I General ‘‘II Other Allowable Cost Provisions 3741 3761 ‘‘SUBCHAPTER I—GENERAL ‘‘Sec ‘‘3741 ‘‘3742 ‘‘3743 ‘‘3744 ‘‘3745 ‘‘3746 ‘‘3747 ‘‘3748 ‘‘3749 ‘‘3750 Definitions Adjustment of threshold amount of covered contract Effect of submission of unallowable costs Specific costs not allowable Required regulations Applicability of regulations to subcontractors Contractor certification Penalties for submission of cost known as not allowable Burden of proof on contractor Proceeding costs not allowable ‘‘§ 3741 Definitions ‘‘In this subchapter ‘‘§ 3742 Adjustment of threshold amount of covered contract ‘‘§ 3743 Effect of submission of unallowable costs ‘‘§ 3744 Specific costs not allowable ‘‘§ 3745 Required regulations ‘‘§ 3746 Applicability of regulations to subcontractors ‘‘§ 3747 Contractor certification ‘‘§ 3748 Penalties for submission of cost known as not allowable ‘‘§ 3749 Burden of proof on contractor ‘‘§ 3750 Proceeding costs not allowable’’ b TRANSFER OF DEFINITION PARAGRAPHS FROM SUBSECTION L OF SECTION 2324 — 1 Paragraph 4 of section 2324 l of title 10 United States Code is transferred to section 3741 of such title as added by subsection a inserted at the end redesignated as paragraph 1 and amended by inserting ‘‘COMPENSATION — ’’ before ‘‘The term’’ 2 Subparagraph A of paragraph 1 of such section 2324 l is transferred to section 3741 of such title as added by subsection a inserted after paragraph 1 as transferred and redesignated by paragraph 1 redesignated as paragraph 2 and amended by inserting ‘‘COVERED CONTRACT —’’ before ‘‘The term’’ 3 A Paragraphs 6 2 and 3 of such section 2324 l are transferred to section 3741 of such title as added by subsection a inserted in that order after paragraph 2 as transferred and redesignated by paragraph 2 and redesignated as paragraphs 3 4 and 5 respectively B The paragraphs transferred and redesignated by subparagraph A are amended— i by inserting ‘‘FISCAL YEAR —’’ before ‘‘The term’’ in paragraph 3 as so redesignated H R 6395—832 ii by inserting ‘‘HEAD OF THE AGENCY —’’ before ‘‘The term’’ in paragraph 4 as so redesignated and iii by inserting ‘‘AGENCY —’’ before ‘‘The term’’ in paragraph 5 as so redesignated 4 Subparagraph B of paragraph 1 of such section 2324 l is transferred to section 3742 of such title as added by subsection a inserted after the section heading and amended— A by realigning the text 2 ems to the left B by striking the subparagraph designation and C by striking ‘‘subparagraph A ’’ and inserting ‘‘section 3741 2 of this title’’ c TRANSFER OF SUBSECTIONS A - D OF SECTION 2324 — 1 TRANSFER —Subsections a b c and d of section 2324 of title 10 United States Code are transferred to section 3743 of such title as added by subsection a and inserted after the section heading 2 AMENDMENTS TO NEW 3743 B —Such subsection b is amended— A by striking ‘‘PRINCIPLE — 1 If the’’ and inserting ‘‘PRINCIPLE — ‘‘ 1 If the’’ and B by realigning paragraph 2 2 ems to the right and inserting ‘‘COST DETERMINED TO BE UNALLOWABLE BEFORE PROPOSAL SUBMITTED —’’ before ‘‘If the’’ d TRANSFER OF SUBSECTION E OF SECTION 2324 — 1 TRANSFER —Subsection e of section 2324 of title 10 United States Code is transferred to section 3744 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and subsection heading B by redesignating paragraphs 1 2 3 and 4 as subsections a d b and c respectively and C by transferring subsection d as so redesignated to the end of such section after subsection c as so redesignated 2 AMENDMENTS TO NEW 3744 A —Subsection a of such section as so redesignated is amended— A by inserting ‘‘SPECIFIC COSTS —’’ before ‘‘The following costs’’ B by redesignating subparagraphs A through Q as paragraphs 1 through 17 respectively including redesignating both subparagraphs P as paragraph 16 C in paragraph 15 as so redesignated by striking ‘‘subsection k ’’ and inserting ‘‘section 3750 of this title’’ and D in paragraph 17 as so redesignated by striking ‘‘subsection k 2 ’’ and inserting ‘‘section 3750 c of this title’’ 3 AMENDMENTS TO NEW 3744 B —Subsection b of such section as so redesignated is amended— A by striking ‘‘ A Pursuant to’’ and inserting ‘‘WAIVER OF SEVERANCE PAY RESTRICTIONS FOR FOREIGN NATIONALS — ‘‘ 1 HEAD OF AN AGENCY DETERMINATION —Pursuant to’’ H R 6395—833 B by redesignating subparagraphs B and C as paragraphs 2 and 3 respectively C in paragraph 1 as designated by subparagraph A — i by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection d ’’ ii by striking ‘‘paragraphs 1 M and 1 N ’’ and inserting ‘‘subsections a 13 and a 14 ’’ and iii by redesignating clauses i ii and iii as subparagraphs A B and C respectively D in paragraph 2 as so redesignated by subparagraph B — i by realigning that paragraph 2 ems to the right ii by inserting ‘‘SOLICITATION TO INCLUDE STATEMENT ABOUT WAIVER —’’ before ‘‘The head of’’ iii by redesignating clauses i and ii as subparagraphs A and B respectively and iv in subparagraph A as so redesignated by striking ‘‘subparagraph A ’’ and inserting ‘‘paragraph 1 ’’ and E in paragraph 3 as so redesignated by subparagraph B — i by realigning that paragraph 2 ems to the right ii by inserting ‘‘DETERMINATION TO BE MADE BEFORE CONTRACT AWARDED —’’ before ‘‘The head of’’ and iii by striking ‘‘subparagraph A ’’ and inserting ‘‘paragraph 1 ’’ 4 AMENDMENTS TO NEW 3744 C —Subsection c of such section as so redesignated is amended— A by inserting ‘‘ESTABLISHMENT OF DEFINITIONS EXCLUSIONS LIMITATIONS AND QUALIFICATIONS —’’ before ‘‘The provisions of’’ and B by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ 5 AMENDMENTS TO NEW 3744 D —Subsection d of such section as so redesignated and transferred is amended— A by striking ‘‘ A The Secretary’’ and inserting ‘‘SPECIFIC COSTS UNDER MILITARY BANKING CONTRACTS RELATING TO FOREIGN NATIONALS — ‘‘ 1 AUTHORITY —The Secretary’’ B by redesignating subparagraphs B and C as paragraphs 2 and 3 respectively and realigning those paragraph 2 ems to the right C in paragraph 1 as designated by subparagraph A by striking ‘‘paragraphs 1 M and 1 N ’’ and inserting ‘‘subsections a 13 and a 14 ’’ D in paragraph 2 as so redesignated by subparagraph B — i by inserting ‘‘DEFINITIONS —’’ before ‘‘In’’ ii by striking ‘‘subparagraph A ’’ and inserting ‘‘paragraph 1 ’’ iii by redesignating clauses i and ii as subparagraphs A and B respectively iv in subparagraph A as so redesignated by inserting ‘‘MILITARY BANKING CONTRACT —’’ before ‘‘The term’’ and H R 6395—834 v in subparagraph B as so redesignated by inserting ‘‘MANDATED FOREIGN NATIONAL SEVERANCE PAY —’’ before ‘‘The term’’ and E in paragraph 3 as so redesignated by subparagraph B — i by inserting ‘‘EXCEPTION FOR FOREIGN-OWNED FINANCIAL INSTITUTIONS —’’ after the paragraph designation and ii by striking ‘‘Subparagraph A ’’ and inserting ‘‘Paragraph 1 ’’ e TRANSFER OF SUBSECTION F OF SECTION 2324 — 1 TRANSFER —Subsection f of section 2324 of title 10 United States Code is transferred to section 3745 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and subsection heading B by redesignating paragraph 1 as subsection a C by designating the third sentence of such subsection as subsection b D by redesignating paragraph 2 as subsection c and E by redesignating paragraphs 3 and 4 as paragraphs 2 and 3 respectively and realigning those paragraphs 2 ems to the right 2 AMENDMENT TO NEW 3745 A —Subsection a of such section as so redesignated is amended by inserting ‘‘IN GENERAL —’’ before ‘‘The Federal’’ 3 AMENDMENTS TO NEW 3745 B —Subsection b of such section as so designated by paragraph 1 C is amended— A by inserting ‘‘SPECIFIC ITEMS —’’ before ‘‘The regulations’’ and B by redesignating subparagraphs A through Q as paragraphs 1 through 17 respectively 4 AMENDMENTS TO NEW 3745 C —Subsection c of such section as so redesignated by paragraph 1 D is amended— A by striking ‘‘The Federal’’ and inserting ‘‘ADDITIONAL REQUIREMENTS — ‘‘ 1 WHEN QUESTIONED COSTS MAY BE RESOLVED —The Federal’’ B in paragraph 2 as so redesignated by paragraph 1 E by inserting ‘‘PRESENCE OF CONTRACT AUDITOR — ’’ before ‘‘The Federal’’ and C in paragraph 3 as so redesignated by paragraph 1 E by inserting ‘‘SETTLEMENT TO REFLECT AMOUNT OF INDIVIDUAL QUESTIONED COSTS —’’ before ‘‘The Federal’’ e TRANSFER OF SUBSECTION G OF SECTION 2324 —Subsection g of section 2324 of title 10 United States Code is transferred to section 3746 of such title as added by subsection a inserted after the section heading and amended— 1 by striking the subsection designation and subsection heading and 2 by striking ‘‘subsections e and f 1 ’’ and inserting ‘‘sections 3744 and 3745 a and b of this title’’ f TRANSFER OF SUBSECTION H OF SECTION 2324 — 1 TRANSFER —Subsection h of section 2324 of title 10 United States Code is transferred to section 3747 of such H R 6395—835 title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and subsection heading and B by redesignating paragraphs 1 and 2 as subsections a and b respectively 2 AMENDMENT TO NEW 3747 A —Subsection a of such section as so redesignated is amended by inserting ‘‘CONTENT AND FORM —’’ before ‘‘A proposal’’ 3 AMENDMENTS TO NEW 3747 B —Subsection b of such section as so redesignated is amended— A by inserting ‘‘WAIVER —’’ before ‘‘The head’’ B by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ and C by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively g TRANSFER OF SUBSECTION I OF SECTION 2324 —Subsection i of section 2324 of title 10 United States Code is transferred to section 3748 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation and subsection heading h TRANSFER OF SUBSECTION J OF SECTION 2324 —Subsection j of section 2324 of title 10 United States Code is transferred to section 3749 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation and subsection heading i TRANSFER OF SUBSECTION K OF SECTION 2324 — 1 TRANSFER OF PARAGRAPH 6 OF 2324 K — A TRANSFER —Paragraph 6 of Subsection k of section 2324 of title 10 United States Code is transferred to section 3750 of such title as added by subsection a inserted after the section heading redesignated as subsection a and amended by striking ‘‘In this subsection’’ and inserting ‘‘DEFINITIONS —In this section’’ B REDESIGNATION OF SUBPARAGRAPHS —Such subsection a as so transferred and redesignated is further amended by redesignating subparagraphs A B and C as paragraphs 3 1 and 2 respectively and transferring paragraph 3 as so redesignated to the end of such subsection so as to appear after paragraph 2 as so redesignated C AMENDMENTS TO NEW 3750 A 1 —Paragraph 1 of such subsection as so redesignated is amended— i by inserting ‘‘COSTS —’’ before ‘‘The term’’ ii by redesignating clauses i and ii as subparagraphs A and B respectively and iii in subparagraph B as so redesignated by redesignating subclauses I II III and IV as clauses i ii iii and iv respectively D AMENDMENT TO NEW 3750 A 2 —Paragraph 2 of such subsection as so redesignated is amended by inserting ‘‘PENALTY —’’ before ‘‘The term’’ E AMENDMENT TO NEW 3750 A 3 —Paragraph 3 of such subsection as so redesignated and transferred is amended by inserting ‘‘PROCEEDINGS —’’ before ‘‘The term’’ 2 TRANSFER OF PARAGRAPHS 1 - 5 OF 2324 K —Subsection k of section 2324 of title 10 United States Code other than H R 6395—836 the portion transferred by paragraph 1 is transferred to section 3750 of such title as added by subsection a inserted after subsection a as transferred and redesignated by paragraph 1 and amended by striking the subsection designation and heading and by redesignating paragraphs 1 2 3 4 and 5 as subsections b c d e and f respectively 3 AMENDMENTS TO NEW 3750 B —Subsection b of such section as so transferred and redesignated is amended— A by inserting ‘‘IN GENERAL —’’ before ‘‘Except as’’ B by striking ‘‘this subsection’’ and inserting ‘‘this section’’ C by striking ‘‘section 2409’’ and inserting ‘‘section 4701’’ D by striking ‘‘if the proceeding A relates to’’ and inserting ‘‘if the proceeding— ‘‘ 1 relates to’’ E by striking ‘‘in subparagraphs A through C of section 2409 a 1 ’’ and inserting ‘‘in section 4701 a 1 ’’ F by striking ‘‘this title and B results in’’ and inserting ‘‘this title and ‘‘ 2 results in’’ and G by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection c ’’ 4 AMENDMENTS TO NEW 3750 C —Subsection c of such section as so transferred and redesignated is amended— A by inserting ‘‘COVERED DISPOSITIONS —’’ before ‘‘A disposition’’ B by striking ‘‘paragraph 1 B ’’ and inserting ‘‘subsection b 2 ’’ C by striking ‘‘paragraph 1 ’’ each place it appears and inserting ‘‘subsection b ’’ D by redesignating subparagraphs A B C D and E as paragraphs 1 2 3 4 and 5 respectively E in paragraph 3 as so redesignated by striking ‘‘section 2409’’ and inserting ‘‘section 4701’’ F in paragraph 4 as so redesignated by redesignating clauses i ii and iii as subparagraphs A B and C respectively and G in paragraph 5 as so redesignated by striking ‘‘subparagraph A B C or D ’’ and inserting ‘‘paragraphs 1 2 3 or 4 ’’ 5 AMENDMENTS TO NEW 3750 D —Subsection d of such section as so transferred and redesignated is amended— A by inserting ‘‘COSTS ALLOWED BY SETTLEMENT AGREEMENT IN PROCEEDING COMMENCED BY UNITED STATES —’’ before ‘‘In the case of’’ B by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection b ’’ and C by striking ‘‘such paragraph’’ and inserting ‘‘such subsection’’ 6 AMENDMENTS TO NEW 3750 E —Subsection e of such section as so transferred and redesignated is amended— A By inserting ‘‘COSTS SPECIFICALLY AUTHORIZED IN PROCEEDING COMMENCED BY STATE —’’ before ‘‘In the case of’’ B by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection b ’’ and H R 6395—837 C by striking ‘‘ A ’’ and ‘‘ B ’’ and inserting ‘‘ 1 ’’ and ‘‘ 2 ’’ respectively 7 AMENDMENTS TO NEW 3750 F —Subsection f of such section as so transferred and redesignated is amended— A by striking ‘‘ A Except as provided in’’ and inserting ‘‘OTHER ALLOWABLE COSTS — ‘‘ 1 IN GENERAL —Except as provided in’’ B by redesignating subparagraphs B and C as paragraphs 2 and 3 respectively and realigning those paragraphs 2 ems to the right C in paragraph 1 as designated by subparagraph A — i by striking ‘‘subparagraph C ’’ and inserting ‘‘paragraph 3 ’’ ii by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection b ’’ and iii by striking ‘‘subparagraph B ’’ and inserting ‘‘paragraph 2 ’’ D in paragraph 2 as redesignated by subparagraph B — i by striking ‘‘ i The amount of’’ and inserting ‘‘AMOUNT OF ALLOWABLE COSTS — ‘‘ A MAXIMUM AMOUNT ALLOWED —The amount of’’ ii by redesignating clause ii as subparagraph B iii in subparagraph A as designated by clause i by striking ‘‘subparagraph A ’’ and inserting ‘‘paragraph 1 ’’ and iv in subparagraph B as redesignated by clause ii — I by inserting ‘‘CONTENT OF REGULATIONS — ’’ before ‘‘Regulations issued’’ II by striking ‘‘clause i ’’ and inserting ‘‘subparagraph A ’’ III by striking ‘‘consideration of the complexity of’’ and inserting ‘‘consideration of— ‘‘ i the complexity of’’ IV by striking ‘‘procurement litigation generally accepted’’ and inserting ‘‘procurement litigation ‘‘ ii generally accepted’’ and E by striking ‘‘as a party and such other’’ and inserting ‘‘as a party and ‘‘ iii such other’’ and F in paragraph 3 as redesignated by subparagraph B — i by inserting ‘‘WHEN OTHERWISE ALLOWABLE COSTS ARE NOT ALLOWABLE —’’ before ‘‘In the case of’’ ii by striking ‘‘subparagraph A ’’ and inserting ‘‘paragraph 1 ’’ iii by striking ‘‘under this paragraph’’ and inserting ‘‘under this subsection’’ iv by striking ‘‘not allowable if i such proceeding’’ and inserting ‘‘not allowable if— ‘‘ A such proceeding’’ and v by striking ‘‘proceeding and ii the costs’’ and inserting ‘‘proceeding and H R 6395—838 ‘‘ B the costs’’ j ADDITIONAL ALLOWABLE COST PROVISIONS — 1 IN GENERAL —Chapter 273 of title 10 United States Code as added by subsection a is amended by adding at the end the following new subchapter ‘‘Subchapter II—Other Allowable Cost Provisions ‘‘Sec ‘‘3761 ‘‘3762 ‘‘3763 ‘‘3764 ‘‘3765 Restructuring costs Independent research and development costs allowable costs Bid and proposal costs allowable costs Excessive pass-through charges Institutions of higher education reimbursement of indirect costs under Department of Defense contracts ’’ 2 TRANSFER OF SECTIONS ON RESTRUCTURING COSTS ALLOWABILITY OF INDEPENDENT RESEARCH AND DEVELOPMENT COSTS AND ALLOWABILITY OF BID AND PROPOSAL COSTS —Sec- tions 2325 2372 and 2372a of title 10 United States Code are transferred to subchapter II of chapter 273 of such title as added by paragraph 1 inserted in that order after the table of sections and redesignated as sections 3761 3762 and 3763 respectively 3 AMENDMENTS TO NEW 3761 —Section 3761 of title 10 United States Code as so transferred and redesignated is amended— A by redesignating subsection b as subsection c B in subsection a — i by striking ‘‘ 1 ’’ before ‘‘The Secretary’’ and ii by striking ‘‘section 2324 of this title’’ and inserting ‘‘subchapter I’’ C by redesignating paragraph 2 as subsection b D in subsection b as so redesignated— i by inserting ‘‘LIMITATION ON DELEGATION —’’ before ‘‘The Secretary may not’’ and ii by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ and E in each of such subsections a and b by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively 4 AMENDMENTS TO NEW 3763 —Section 3763 of such title as so transferred and redesignated by paragraph 2 is amended by striking ‘‘section 2324 l ’’ in subsection b and inserting ‘‘section 3741’’ SEC 1833 PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA a NEW CHAPTER — 1 IN GENERAL —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 is amended by striking chapter 275 and inserting the following ‘‘CHAPTER 275—PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA ‘‘Subchapter Sec ‘‘I Rights in Technical Data 3771 H R 6395—839 ‘‘II Validation of Proprietary Data Restrictions ‘‘III Other Provisions Relating to Proprietary Contractor Data and Rights in Technical Data 3781 3791 ‘‘SUBCHAPTER I—RIGHTS IN TECHNICAL DATA ‘‘Sec ‘‘3771 ‘‘3772 ‘‘3773 ‘‘3774 ‘‘3775 Rights in technical data regulations Rights in technical data provisions required in contracts Domestic business concerns programs for replenishment parts Major weapon systems and subsystems long-term technical data needs Definitions ‘‘§ 3771 Rights in technical data regulations ‘‘§ 3772 Rights in technical data provisions required in contracts ‘‘§ 3773 Domestic business concerns programs for replenishment parts ‘‘§ 3774 Major weapon systems and subsystems long-term technical data needs ‘‘§ 3775 Definitions’’ 2 TABLES OF CHAPTERS AMENDMENTS —The tables of chapters at the beginning of subtitle A and at the beginning of part V of subtitle A of title 10 United States Code are amended by striking the item relating to chapter 275 and inserting the following new item ‘‘275 Proprietary Contractor Data and Rights in Technical Data 3771’’ b TRANSFER OF SUBSECTION A OF SECTION 2320 — 1 TRANSFER —Subsection a of section 2320 of title 10 United States Code is transferred to section 3771 of such title as added by subsection a inserted after the section heading and amended by redesignating paragraphs 2 and 3 as subsections b and c respectively 2 INTERNAL REDESIGNATIONS AND INSERTION OF HEADINGS IN NEW 3771 A —Subsection a of such section as so transferred and amended is amended— A by striking ‘‘ 1 The Secretary of’’ and inserting ‘‘REGULATIONS REQUIRED — ‘‘ 1 IN GENERAL —The Secretary of’’ and B by designating the third sentence as paragraph 2 and in that paragraph— i by striking ‘‘Such regulations may not’’ and inserting ‘‘OTHER RIGHTS NOT IMPAIRED —Regulations prescribed under paragraph 1 may not’’ ii by striking ‘‘impair any right of the’’ and inserting ‘‘impair— ‘‘ A any right of the’’ and iii by striking ‘‘by law’’ and all that follows through ‘‘the right of a contractor’’ and inserting ‘‘by law or ‘‘ B the right of a contractor’’ 3 INTERNAL REDESIGNATIONS AND INSERTION OF HEADINGS IN NEW 3771 B —Subsection b of such section as so transferred and redesignated is amended— A by striking ‘‘Such regulations’’ and inserting ‘‘REQUIRED PROVISIONS —Regulations prescribed under subsection a ’’ H R 6395—840 B by redesignating subparagraphs A through I as paragraphs 1 through 9 respectively C in paragraph 1 as so redesignated by redesignating clauses i and ii as subparagraphs A and B respectively D in paragraph 2 as so redesignated by striking ‘‘subparagraphs C D and G ’’ and inserting ‘‘paragraphs 3 4 and 7 ’’ E in paragraph 3 as so redesignated— i by striking ‘‘SUBPARAGRAPH B —Subparagraph B does not’’ and inserting ‘‘PARAGRAPH 2 —Paragraph 2 does not’’ and ii by redesignating clauses i ii iii and iv as subparagraphs A B C and D respectively F in paragraph 4 as so redesignated— i by striking ‘‘SUBPARAGRAPH B —Notwithstanding subparagraph B ’’ and inserting ‘‘PARAGRAPH 2 — Notwithstanding paragraph 2 ’’ ii by redesignating clauses i ii and iii as subparagraphs A B and C respectively and iii in subparagraph A as so redesignated by redesignating subclauses I II and III as clauses i ii and iii respectively G in paragraph 5 as so redesignated— i by striking ‘‘MIXED FUNDING —Except as provided in subparagraphs F and G ’’ and inserting ‘‘MIXED FUNDING — ‘‘ A IN GENERAL —Except as provided in paragraphs 6 and 7 ’’ and ii by designating the second sentence as subparagraph B realigning that subparagraph 2 ems to the right and inserting ‘‘FACTORS TO BE CONSIDERED — ’’ before ‘‘The establishment of’’ H in paragraph 6 as so redesignated by striking ‘‘subparagraph E ’’ and inserting ‘‘paragraph 5 ’’ I in paragraph 7 as so redesignated— i by striking ‘‘MIXED FUNDING —Notwithstanding subparagraphs B and E ’’ and inserting ‘‘MIXED FUNDING — ‘‘ A Notwithstanding paragraphs 2 and 5 ’’ ii by striking ‘‘section 2446a’’ and inserting ‘‘section 4401’’ and iii by designating the second and third sentences as subparagraphs B and C respectively J in paragraph 8 as so redesignated— i by inserting ‘‘LIMITATIONS ON REQUIREMENTS RELATED TO CONTRACTOR OR SUBCONTRACTOR RIGHTS IN TECHNICAL DATA —’’ before ‘‘A contractor or subcon- tractor’’ ii by redesignating clauses i and ii as subparagraphs A and B respectively iii in subparagraph A as so redesignated by redesignating subclauses I II and III as clauses i ii and iii respectively iv in clause i as so redesignated by striking ‘‘subparagraph A ’’ and inserting ‘‘paragraph 1 ’’ H R 6395—841 v in clause ii as so redesignated by striking ‘‘subparagraph C ’’ and inserting ‘‘paragraph 3 ’’ vi in clause iii as so redesignated by striking ‘‘subparagraph D ’’ and inserting ‘‘paragraph 4 ’’ and vii in subparagraph B as so redesignated by striking ‘‘subparagraph B ’’ and inserting ‘‘paragraph 2 ’’ and K in paragraph 9 as so redesignated— i by inserting ‘‘ACTIONS AUTHORIZED IF NECESSARY TO DEVELOP ALTERNATIVE SOURCES OF SUPPLY AND MANUFACTURE —’’ before ‘‘The Secretary of Defense’’ ii by redesignating clauses i ii and ii as subparagraphs A B and C respectively iii in subparagraph A as so redesignated by striking ‘‘subparagraph C or D ’’ and inserting ‘‘paragraph 3 or 4 ’’ and iv in subparagraph B as so redesignated by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ 4 INTERNAL REDESIGNATIONS AND INSERTION OF HEADINGS IN NEW 3771 C —Subsection c of such section as so transferred and redesignated is amended— A by inserting ‘‘SECRETARY OF DEFENSE TO DEFINE TERMS —’’ before ‘‘The Secretary of’’ B by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ C by striking ‘‘the Secretary shall specify’’ and inserting ‘‘the Secretary— ‘‘ 1 shall specify’’ D by striking ‘‘treated and shall specify’’ and inserting ‘‘treated and ‘‘ 2 shall specify’’ and E by striking ‘‘this paragraph’’ and inserting ‘‘this subsection’’ c TRANSFER OF SUBSECTIONS B AND C OF SECTION 2320 — 1 TRANSFER —Subsections b and c of section 2320 of title 10 United States Code are transferred to section 3772 of such title as added by subsection a inserted after the section heading and redesignated as subsections a and b respectively 2 INTERNAL REDESIGNATIONS AND INSERTION OF HEADINGS IN NEW 3772 A —Subsection a of such section as so transferred and redesignated is amended— A by inserting ‘‘CONTRACT PROVISIONS RELATING TO TECHNICAL DATA —’’ before ‘‘Regulations prescribed under’’ B by striking ‘‘subsection a ’’ and inserting ‘‘section 3771 of this title’’ C by striking ‘‘section 2303’’ and inserting ‘‘section 3063’’ D in paragraph 1 by striking ‘‘section 2321 f ’’ and inserting ‘‘section 3784’’ E in paragraph 6 — i by striking ‘‘the contractor to revise’’ and inserting ‘‘the contractor— ‘‘ A to revise’’ and ii by striking ‘‘the contract and to deliver’’ and inserting ‘‘the contract and H R 6395—842 ‘‘ B to deliver’’ F in paragraph 7 — i by striking ‘‘is found to be’’ and inserting ‘‘is found— ‘‘ A to be’’ and ii by striking ‘‘or inadequate or to not’’ and inserting ‘‘or inadequate or ‘‘ B to not’’ G in paragraph 9 B ii by striking ‘‘subparagraphs D i II F and G of subsection a 2 ’’ and inserting ‘‘paragraphs 4 A ii 6 and 7 of section 3771 b of this title’’ and H in paragraph 10 by striking ‘‘section 2321 d ’’ and inserting ‘‘section 3782’’ 3 INTERNAL REDESIGNATIONS IN NEW 3772 B —Subsection b of such section as so transferred and redesignated is amended— A by striking ‘‘in this section or in section 2305 a ’’ and inserting ‘‘in this subchapter or in section 3208’’ and B in paragraph 2 by striking ‘‘subsection a ’’ and inserting ‘‘section 3771 of this title’’ d TRANSFER OF SUBSECTION D OF SECTION 2320 —Subsection d of section 2320 of title 10 United States Code is transferred to section 3773 of such title as added by subsection a inserted after the section heading and amended— 1 by striking the subsection designation and 2 by striking ‘‘this subsection’’ and inserting ‘‘this section’’ e TRANSFER OF SUBSECTION E AND F OF SECTION 2320 — 1 TRANSFER —Subsections e and f of section 2320 of title 10 United States Code are transferred to section 3774 of such title as added by subsection a inserted after the section heading and redesigned as subsections a and c respectively 2 DESIGNATION OF NEW 3774 B —The third sentence of subsection a of such section as so transferred and redesignated is designated as subsection b 3 AMENDMENTS TO NEW 3774 A —Subsection a of such section as so amended is further amended— A by striking ‘‘The Secretary of Defense shall require’’ and inserting ‘‘ASSESSMENTS AND ACQUISITIONS STRATEGIES — ‘‘ 1 The Secretary of Defense shall require’’ B by designating the second sentence as paragraph 2 C in paragraph 1 as designated by subparagraph A — i by striking ‘‘to assess the long-term’’ and inserting ‘‘to— ‘‘ A assess the long-term’’ and ii by striking ‘‘systems and subsystems and establish’’ and inserting ‘‘systems and subsystems and ‘‘ B establish’’ and D in paragraph 2 as designated by subparagraph B — i by striking ‘‘may include the development’’ and inserting ‘‘may include— ‘‘ A the development’’ and H R 6395—843 ii by striking ‘‘Department of Defense or competition for’’ and inserting ‘‘Department of Defense or ‘‘ B competition for’’ 4 AMENDMENTS TO NEW 3774 B —Subsection b of such section as designated by paragraph 2 is amended— A by inserting ‘‘REQUIREMENTS RELATING TO ASSESSMENTS AND ACQUISITION STRATEGIES —’’ before ‘‘Assessments and corresponding’’ and B by striking ‘‘developed under’’ and all that follows through ‘‘with respect to’’ and inserting ‘‘developed under subsection a with respect to’’ 5 AMENDMENTS TO NEW 3774 C —Subsection c of such section as redesignated by paragraph 1 is amended— A by striking ‘‘LICENSES —The Secretary’’ and inserting ‘‘LICENSES — ‘‘ 1 The Secretary’’ B by designating the second sentence as paragraph 2 and C in paragraph 2 as so designated by striking ‘‘subsection e ’’ and inserting ‘‘subsection a ’’ f TRANSFER OF SUBSECTION G AND H OF SECTION 2320 — 1 TRANSFER —Subsections g and h of section 2320 of title 10 United States Code are transferred to section 3775 of such title as added by subsection a inserted after the section heading and redesigned as subsections a and b respectively 2 CONFORMING AMENDMENTS — A Such subsections a and b as so transferred and redesignated are each amended by striking ‘‘In this section ’’ and inserting ‘‘In this subchapter ’’ B Such subsection b is amended by striking ‘‘section 2446a’’ and inserting ‘‘section 4401’’ g NEW SUBCHAPTER —Chapter 275 of title 10 United States Code as added by subsection a is amended by adding at the end the following new subchapter ‘‘SUBCHAPTER II—VALIDATION OF PROPRIETARY DATA RESTRICTIONS ‘‘Sec ‘‘3781 ‘‘3782 ‘‘3783 ‘‘3784 Technical data contractor justification for restrictions review of restrictions Technical data challenges to contractor restrictions Technical data time for contractors to submit justifications Technical data under contracts for commercial items presumption of development exclusively at private expense ‘‘3785 Technical data decision by contracting officer claims rights and liability upon final disposition ‘‘3786 Use or release restriction definition H R 6395—844 ‘‘§ 3781 Technical data contractor justification for restrictions review of restrictions ‘‘§ 3782 Technical data challenges to contractor restrictions ‘‘§ 3783 Technical data time for contractors to submit justifications ‘‘§ 3784 Technical data under contracts for commercial items presumption of development exclusively at private expense ‘‘§ 3785 Technical data decision by contracting officer claims rights and liability upon final disposition ‘‘§ 3786 Use or release restriction definition’’ h TRANSFER OF SUBSECTIONS A B AND C OF SECTION 2321 — 1 TRANSFER —Subsections a b and c of section 2321 of title 10 United States Code are transferred to section 3781 of such title as added by subsection g and inserted after the section heading 2 CONFORMING AMENDMENTS TO NEW 3781 A —Subsection a of such section as so transferred is amended by striking ‘‘CONTRACTS COVERED BY SECTION —This section’’ and inserting ‘‘CONTRACTS COVERED BY SUBCHAPTER —This subchapter’’ 3 CONFORMING AMENDMENTS TO NEW 3781 B —Subsection b of such section as so transferred is amended— A by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ and B by striking ‘‘ as defined’’ and all that follows through ‘‘asserted’’ and inserting ‘‘ as defined in section 3786 of this title asserted’’ 4 CONFORMING AMENDMENTS TO NEW 3781 C —Subsection c of such section as so transferred is amended— A by striking ‘‘RESTRICTIONS — 1 The Secretary’’ and inserting ‘‘RESTRICTIONS — ‘‘ 1 The Secretary’’ B in paragraph 1 by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ and C by realigning paragraph 2 2 ems to the right i TRANSFER OF SUBSECTION D OF SECTION 2321 — 1 TRANSFER —Subsection d of section 2321 of title 10 United States Code is transferred to section 3782 of such title as added by subsection g inserted after the section heading and amended— A by striking the subsection designation and subsection heading and B by redesignating paragraphs 1 2 3 and 4 as subsections a b c and d respectively 2 CONFORMING AMENDMENTS TO NEW 3782 A —Subsection a of such section 3782 as so transferred and redesignated is amended— A by inserting ‘‘CHALLENGES BY SECRETARY OF DEFENSE —’’ before ‘‘The Secretary of Defense’’ B by striking ‘‘this section’’ and inserting ‘‘this subchapter’’ and C by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively H R 6395—845 3 CONFORMING AMENDMENTS TO NEW 3782 B —Subsection b of such section 3782 as so transferred and redesignated is amended— A by striking ‘‘ A A challenge’’ and inserting ‘‘TIME LIMIT FOR CHALLENGES EXCEPTIONS — ‘‘ 1 A challenge’’ B by redesignating subparagraph B as paragraph 2 and realigning that paragraph 2 ems to the right C in paragraph 1 as designated by subparagraph A — i by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ ii by striking ‘‘subparagraph B ’’ and inserting ‘‘paragraph 2 ’’ and iii by redesignating clauses i ii iii and iv as subparagraphs A B C and D respectively and D in paragraph 2 as redesignated by subparagraph B — i by striking ‘‘subparagraph A ’’ and inserting ‘‘paragraph 1 ’’ and ii by redesignating clauses i and ii as subparagraphs A and B respectively 4 CONFORMING AMENDMENTS TO NEW 3782 C —Subsection c of such section 3782 as so transferred and redesignated is amended— A by inserting ‘‘WRITTEN NOTICE TO CONTRACTOR OR SUBCONTRACTOR —’’ before ‘‘If the Secretary’’ B by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ C by redesignating subparagraphs A B and C as paragraphs 1 2 and 3 respectively and D in paragraph 3 as so redesignated by striking ‘‘paragraph 4 ’’ and inserting ‘‘subsection d ’’ 5 CONFORMING AMENDMENTS TO NEW 3782 D —Subsection d of such section 3782 as so transferred and redesignated is amended— A by inserting ‘‘JUSTIFICATION —’’ before ‘‘It is a justification’’ B by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ C by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively and D in paragraph 1 as so redesignated by striking ‘‘this subsection’’ and inserting ‘‘this section’’ j TRANSFER OF SUBSECTION E OF SECTION 2321 — 1 TRANSFER —Subsection e of section 2321 of title 10 United States Code is transferred to section 3783 of such title as added by subsection g inserted after the section heading and amended by striking the subsection designation and subsection heading 2 DESIGNATION OF NEW SUBSECTIONS A AND B —Such section as so transferred and amended is further amended— A by designating the first sentence as subsection a and inserting ‘‘ADDITIONAL TIME TO SUBMIT JUSTIFICATIONS —’’ before ‘‘If a contractor’’ and H R 6395—846 B by designating the second sentence as subsection b and inserting ‘‘MULTIPLE CHALLENGES SCHEDULE OF RESPONSES —’’ before ‘‘If a party’’ k TRANSFER OF SUBSECTION F OF SECTION 2321 —Subsection f of section 2321 of title 10 United States Code is transferred to section 3784 of such title as added by subsection g inserted after the section heading and amended— 1 by striking the subsection designation and subsection heading and 2 by striking ‘‘subsection d 3 ’’ and inserting ‘‘section 3782 c of this title’’ l TRANSFER OF SUBSECTIONS G H AND I OF SECTION 2321 — 1 TRANSFER —Subsections g h and i of section 2321 of title 10 United States Code are transferred to section 3785 of such title as added by subsection g inserted after the section heading and redesignated as subsections a b and c respectively 2 CONFORMING AMENDMENTS TO NEW 3785 A —Subsection a of such section as so transferred and redesignated is amended— A by striking ‘‘subsection d 3 ’’ both places it appears and inserting ‘‘section 3782 c of this title’’ B by striking ‘‘OFFICER — 1 Upon failure’’ and inserting ‘‘OFFICER — ‘‘ 1 Upon failure’’ and C by realigning paragraph 2 2 ems to the right 3 CONFORMING AMENDMENTS TO NEW 3785 C —Subsection c of such section 3786 as so transferred and redesignated is amended— A by striking ‘‘DISPOSITION — 1 If upon final’’ and inserting ‘‘DISPOSITION — ‘‘ 1 If upon final’’ and B by realigning paragraph 2 2 ems to the right m TRANSFER OF SUBSECTION J OF SECTION 2321 —Subsection j of section 2321 of title 10 United States Code is transferred to section 3786 of such title as added by subsection g inserted after the section heading and amended— 1 by striking the subsection designation and subsection heading and 2 by striking ‘‘In this section’’ and inserting ‘‘In this subchapter’’ n NEW SUBCHAPTER —Chapter 275 of title 10 United States Code as added by subsection a is amended by adding after subchapter II as added by subsections g the following new subchapter ‘‘SUBCHAPTER III—OTHER PROVISIONS RELATING TO PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA ‘‘Sec ‘‘3791 Management of intellectual property matters within the Department of Defense ‘‘3792 Technical data rights non-FAR agreements ‘‘3793 Copyrights patents designs etc acquisition ‘‘3794 Release of technical data under Freedom of Information Act recovery of costs H R 6395—847 ‘‘§ 3791 Management of intellectual property matters within the department of defense ‘‘ b CADRE OF INTELLECTUAL PROPERTY EXPERTS —For a provision requiring establishment of a cadre of personnel who are experts in intellectual property matters see section 1707 of this title ’’ o TRANSFERS — 1 TRANSFER OF SECTION 2322 A —Subsection a of section 2322 of title 10 United States Code is transferred to section 3791 of such title as added by subsection n and inserted after the section heading 2 TRANSFER OF SECTIONS 2386 AND 2328 —Section 2386 and 2328 of such title are transferred to subchapter III of chapter 275 of such title as added by subsection n inserted in that order after section 3791 and redesignated as section 3793 and 3794 respectively p CROSS REFERENCE AMENDMENTS —Section 8687 a of title 10 United States Code is amended by striking ‘‘section 2320’’ each place it appears and inserting ‘‘subchapter I of chapter 275’’ SEC 1834 CONTRACT FINANCING a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 277 and inserting the following ‘‘CHAPTER 277—CONTRACT FINANCING ‘‘Sec ‘‘3801 ‘‘3802 ‘‘3803 ‘‘3804 ‘‘3805 ‘‘3806 ‘‘3807 Authority of agency Payment Security for advance payments Conditions for progress payments Payments for commercial products and commercial services Action in case of fraud Vesting of title in the United States ‘‘§ 3801 Authority of agency ‘‘§ 3802 Payment ‘‘§ 3803 Security for advance payments ‘‘§ 3804 Conditions for progress payments ‘‘§ 3805 Payments for commercial products and commercial services ‘‘§ 3806 Action in case of fraud ‘‘§ 3807 Vesting of title in the United States’’ b TRANSFER OF SUBSECTION A OF SECTION 2307 — 1 TRANSFER —Subsection a of section 2307 of title 10 United States Code is transferred to section 3801 of such title as added by subsection a inserted after the section heading and amended— A by striking ‘‘ 1 ’’ before ‘‘The head of’’ and B by redesignating paragraph 2 as subsection b 2 CONFORMING AMENDMENTS TO NEW 3801 A —Such subsection a as so transferred and amended is further amended by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively H R 6395—848 3 CONFORMING AMENDMENTS TO NEW 3801 B —Subsection b of such section 3801 as redesignated by paragraph 1 B is amended— A by striking ‘‘ A For a prime’’ and inserting ‘‘PAYMENT DATES FOR CONTRACTORS THAT ARE SMALL BUSINESS CONCERNS — ‘‘ 1 PRIME CONTRACTORS —For a prime’’ B by redesignating subparagraph B as paragraph 2 and C in paragraph 2 as so redesignated— i by inserting ‘‘SUBCONTRACTORS —’’ before ‘‘For a prime’’ and ii by redesignating clauses i and ii as subparagraphs A and B respectively c TRANSFER OF SUBSECTIONS B AND C OF SECTION 2307 — 1 TRANSFER —Subsections b and c of section 2307 of title 10 United States Code are transferred to section 3802 of such title as added by subsection a inserted after the section heading and redesignated as subsections a and d respectively 2 FURTHER INTERNAL REDESIGNATION AMENDMENTS TO NEW 3802 —Such section 3802 as so amended is further amended A in subsection a by striking ‘‘ 1 ’’ before ‘‘Whenever possible’’ B by redesignating paragraph 2 of subsection a as subsection b C by transferring paragraph 3 of such subsection to the end of the section and redesignating such paragraph as subsection e D by redesignating paragraph 4 of subsection a as subsection c and E by redesignating subparagraphs A B and C of subsection a as paragraphs 1 2 and 3 respectively 3 CONFORMING AMENDMENT TO NEW 3802 A —Subsection a of such section is further amended by striking ‘‘subsection a ’’ and inserting ‘‘section 3801 of this title’’ 4 CONFORMING AMENDMENTS TO NEW 3802 B —Subsection b of such section as so redesignated is amended— A by inserting ‘‘Basis for performance-based payments —’’ before ‘‘Performance-based payments’’ and B by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ 5 CONFORMING AMENDMENTS TO NEW 3802 C —Subsection c of such section as so redesignated is amended— A by striking ‘‘ A In order to’’ and inserting ‘‘CONTRACTOR ACCOUNTING SYSTEMS — ‘‘ 1 In order to’’ and B by redesignating subparagraph B as paragraph 2 realigning that paragraph 2 ems to the right and striking ‘‘this section’’ therein and inserting ‘‘this chapter’’ 6 CONFORMING AMENDMENT TO NEW 3802 D —Subsection d of such section as redesignated by paragraph 1 is amended by striking ‘‘subsection a ’’ and inserting ‘‘section 3801 of this title’’ H R 6395—849 7 CONFORMING AMENDMENT TO NEW 3802 E —Subsection e of such section as transferred and redesignated by paragraph 2 C is amended by inserting ‘‘ELIGIBILITY OF NONTRADITIONAL DEFENSE CONTRACTORS —’’ before ‘‘The Secretary of’’ d TRANSFER OF SUBSECTION D OF SECTION 2307 —Subsection d of section 2307 of title 10 United States Code is transferred to section 3803 of such title as added by subsection a inserted after the section heading and amended— 1 by striking the subsection designation and subsection heading and 2 by striking ‘‘subsection a ’’ and inserting ‘‘section 3801 of this title’’ e TRANSFER OF SUBSECTION E OF SECTION 2307 — 1 TRANSFER —Subsection e of section 2307 of title 10 United States Code is transferred to section 3804 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and subsection heading and B by redesignating paragraphs 1 2 and 3 as subsections a b and c respectively 2 CONFORMING AMENDMENT TO NEW 3804 A —Subsection a of such section 3804 as so transferred and redesignated is amended by inserting ‘‘PAYMENT COMMENSURATE WITH WORK —’’ before ‘‘The Secretary of Defense’’ 3 CONFORMING AMENDMENTS TO NEW 3804 B —Subsection b of such section 3804 as so transferred and redesignated is amended— A by inserting ‘‘LIMITATION —’’ before ‘‘The Secretary’’ and B by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ 4 CONFORMING AMENDMENTS TO NEW 3804 C —Subsection c of such section 3804 as so transferred and redesignated is amended— A by inserting ‘‘APPLICABILITY —’’ before ‘‘This’’ and B by striking ‘‘subsection’’ and inserting ‘‘section’’ f TRANSFER OF SUBSECTION F OF SECTION 2307 — 1 TRANSFER —Subsection f of section 2307 of title 10 United States Code is transferred to section 3805 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and subsection heading and B by redesignating paragraphs 1 2 and 3 as subsections a c and d respectively 2 FURTHER INTERNAL REDESIGNATION AMENDMENTS TO NEW 3805 —Such section 3805 as so amended is further amended by designating the second sentence of subsection a as subsection b 4 CONFORMING AMENDMENTS TO NEW 3805 A —Subsection a of such section as so transferred and redesignated is amended— A by inserting ‘‘TERMS AND CONDITIONS FOR PAYMENTS —’’ before ‘‘Payments under’’ and H R 6395—850 B by striking ‘‘subsection a ’’ and inserting ‘‘section 3801 of this title’’ 4 CONFORMING AMENDMENT TO NEW 3805 B —Subsection b of such section as designated by paragraph 2 is amended by inserting ‘‘SECURITY FOR PAYMENTS —’’ before ‘‘The head of the agency’’ 5 CONFORMING AMENDMENTS TO NEW 3805 C —Subsection c of such section as so transferred and redesignated is amended— A by inserting ‘‘LIMITATION ON ADVANCE PAYMENTS — ’’ before ‘‘Advance payments’’ and B by striking ‘‘subsection a ’’ and inserting ‘‘section 3801 of this title’’ 6 CONFORMING AMENDMENTS TO NEW 3805 D —Subsection d of such section as so transferred and redesignated is amended— A by inserting ‘‘NONAPPLICATION OF CERTAIN CONDITIONS —’’ before ‘‘The conditions of’’ B by striking ‘‘subsections d and e ’’ and inserting ‘‘sections 3803 and 3804 of this title’’ and C by striking ‘‘paragraphs 1 and 2 ’’ and inserting ‘‘this section’’ g TRANSFER OF SUBSECTION I OF SECTION 2307 — 1 TRANSFER —Subsection i of section 2307 of title 10 United States Code is transferred to section 3806 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation and subsection heading 2 FURTHER INTERNAL REDESIGNATION AMENDMENTS TO NEW 3806 —Such section 3806 as so amended is further amended— A by redesignating paragraphs 1 through 9 as subsections b through j respectively and B by transferring paragraph 10 to the beginning of such section so as to appear before subsection b as redesignated by subparagraph A and redesignating that paragraph as subsection a 3 CONFORMING AMENDMENTS TO NEW 3806 A —Subsection a of such section as transferred and redesignated by paragraph 2 B is amended— A by inserting ‘‘REMEDY COORDINATION OFFICIAL DEFINED —’’ before ‘‘In this’’ and B by striking ‘‘this subsection’’ and inserting ‘‘this section’’ 4 CONFORMING AMENDMENT TO NEW 3806 B —Subsection b of such section as transferred and redesignated by paragraphs 1 and 2 A is amended by inserting ‘‘RECOMMENDATION TO REDUCE OR SUSPEND PAYMENTS —’’ before ‘‘In any case’’ 5 CONFORMING AMENDMENTS TO NEW 3806 C —Subsection c of such section as transferred and redesignated by paragraphs 1 and 2 A is amended— A by inserting ‘‘REDUCTION OR SUSPENSION OF PAYMENTS —’’ before ‘‘The head of’’ and B by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection b ’’ H R 6395—851 6 CONFORMING AMENDMENTS TO NEW 3806 D —Subsection d of such section as transferred and redesignated by paragraphs 1 and 2 A is amended— A by inserting ‘‘EXTENT OF REDUCTION OR SUSPENSION —’’ before ‘‘The extent of’’ and B by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection c ’’ 7 CONFORMING AMENDMENTS TO NEW 3806 E —Subsection e of such section as transferred and redesignated by paragraphs 1 and 2 A is amended— A by inserting ‘‘WRITTEN JUSTIFICATION —’’ before ‘‘A written’’ and B by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection c ’’ 8 CONFORMING AMENDMENTS TO NEW 3806 F —Subsection f of such section as transferred and redesignated by paragraphs 1 and 2 A is amended— A by inserting ‘‘NOTICE —’’ before ‘‘The head of an agency shall’’ and B by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection c ’’ 9 CONFORMING AMENDMENTS TO NEW 3806 G —Subsection g of such section as transferred and redesignated by paragraphs 1 and 2 A is amended— A by inserting ‘‘REVIEW —’’ before ‘‘Not later than’’ B by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection c ’’ and C by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively 10 CONFORMING AMENDMENTS TO NEW 3806 H —Subsection h of such section as transferred and redesignated by paragraphs 1 and 2 A is amended— A by inserting ‘‘ANNUAL REPORT —’’ before ‘‘The head of’’ and B by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection c ’’ 11 REORDERING AND REDESIGNATION FOR TITLE 41 CONSISTENCY —Subsections i and j of such section as transferred and redesignated by paragraphs 1 and 2 A are reversed in order and are redesignated accordingly 12 CONFORMING AMENDMENTS TO NEW 3806 I —Subsection i of such section as transferred and redesignated by paragraphs 1 2 A and 11 is amended— A by inserting ‘‘RESTRICTION ON DELEGATION —’’ before ‘‘The head of’’ and B by striking ‘‘this subsection’’ and inserting ‘‘this section’’ 13 CONFORMING AMENDMENTS TO NEW 3806 J —Subsection j of such section as transferred and redesignated by paragraphs 1 2 A and 11 is amended— A by inserting ‘‘INAPPLICABILITY TO COAST GUARD — ’’ before ‘‘This’’ B by striking ‘‘subsection applies’’ and inserting ‘‘section applies’’ and C by striking ‘‘section 2303 a ’’ and inserting ‘‘section 3063’’ H R 6395—852 h TRANSFER OF SUBSECTION H OF SECTION 2307 —Subsection h of section 2307 of title 10 United States Code is transferred to section 3807 of such title as added by subsection a inserted after the section heading and amended— 1 by striking the subsection designation and subsection heading and 2 by striking ‘‘subsection a 1 ’’ and inserting ‘‘section 3801 1 of this title’’ SEC 1835 CONTRACTOR AUDITS AND ACCOUNTING a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 279 and inserting the following ‘‘CHAPTER 279—CONTRACTOR AUDITS AND ACCOUNTING ‘‘Sec ‘‘3841 Examination of records of contractor ‘‘3842 Performance of incurred cost audits ‘‘3843 Contractor internal audit reports Department of Defense access to use of and safeguards and protections for ‘‘3844 Contractor business systems ‘‘3845 Contractor inventory accounting systems standards ‘‘3846 Defense Contract Audit Agency legal resources and expertise ‘‘3847 Defense Contract Audit Agency annual report ‘‘3848 Defense audit agencies Small Business Ombudsmen ‘‘§ 3841 Examination of records of contractor’’ b TRANSFER OF SECTION 2313 — 1 TRANSFER OF SUBSECTIONS A THROUGH H —Subsections a through h of section 2313 of title 10 United States Code are transferred to section 3841 of such title as added by subsection a inserted after the section heading and redesignated as subsections b through i respectively 2 TRANSFER OF SUBSECTION I —Subsection i of section 2313 of such title is transferred to section 3841 of such title as amended by paragraph 1 inserted before subsection b as transferred and redesignated by paragraph 1 and redesignated as subsection a 3 CONFORMING AMENDMENTS TO NEW 3841 B —Subsection b of such section 3841 as redesignated by paragraph 1 is amended— A by striking ‘‘AGENCY AUTHORITY — 1 The head of’’ and inserting ‘‘AGENCY AUTHORITY — ‘‘ 1 The head of’’ B in paragraph 1 A by striking ‘‘made by that agency under this chapter’’ and inserting ‘‘made by that agency under a chapter 137 legacy provision’’ C by realigning paragraph 2 2 ems to the right and D in paragraph 2 by striking ‘‘section 2306a’’ and inserting ‘‘chapter 271’’ 4 CONFORMING AMENDMENTS TO NEW 3841 C —Subsection c of such section 3841 as redesignated by paragraph 1 is amended— A by striking ‘‘AUTHORITY — 1 The Director of’’ and inserting ‘‘AUTHORITY — H R 6395—853 ‘‘ 1 AUTHORITY TO REQUIRE RECORDS —The Director of’’ THE PRODUCTION OF B in paragraph 1 by striking ‘‘subsection a ’’ and inserting ‘‘subsection b ’’ C by realigning paragraphs 2 and 3 2 ems to the right D in paragraph 2 by inserting ‘‘ENFORCEMENT OF SUBPOENA —’’ before ‘‘Any such subpoena’’ and E in paragraph 3 by inserting ‘‘AUTHORITY NOT DELEGABLE —’’ before ‘‘The authority provided by’’ 5 CONFORMING AMENDMENTS TO NEW 3841 D —Subsection d of such section 3841 as redesignated by paragraph 1 is amended— A by striking ‘‘AUTHORITY — 1 Except as’’ and inserting ‘‘AUTHORITY — ‘‘ 1 IN GENERAL —Except as’’ B by realigning paragraphs 2 and 3 2 ems to the right C in paragraph 2 by inserting ‘‘EXCEPTION FOR FOREIGN CONTRACTOR OR SUBCONTRACTOR —’’ before ‘‘Paragraph 1 does not apply’’ and D in paragraph 3 by inserting ‘‘ADDITIONAL RECORDS NOT REQUIRED —’’ before ‘‘Paragraph 1 may not’’ 6 CONFORMING AMENDMENTS TO NEW 3841 F —Subsection f of such section 3841 as redesignated by paragraph 1 is amended— A by striking ‘‘subsection a ’’ and inserting ‘‘subsection b ’’ and B by striking ‘‘subsection c ’’ and inserting ‘‘subsection d ’’ c TRANSFER OF TITLE 10 SECTIONS —Sections 2313b 2410b 2313a and 204 of title 10 United States Code are transferred to chapter 279 of such title as added by subsection a inserted in that order after section 3841 as amended by subsection b and redesignated as sections 3842 3845 3847 and 3848 respectively d AMENDMENTS TO TRANSFERRED SECTIONS — 1 Section 3842 of such title as so transferred and redesignated is amended by striking ‘‘section 2313a’’ in subsection g 5 and inserting ‘‘section 3847’’ 2 Section 3845 of such title as so transferred and redesignated is amended by striking ‘‘ as defined in section 103 of title 41 ’’ in subsection c 3 Section 3847 of such title as so transferred and redesignated is amended by striking ‘‘section 2313b’’ in subsection d 1 and inserting ‘‘section 3842’’ 4 The heading of section 3848 of such title as so transferred and redesignated is amended to read as follows ‘‘§ 3848 Defense audit agencies Small Business Ombudsmen’’ e PLACEHOLDER SECTIONS —Chapter 279 of such title as added and amended by this section is further amended— 1 by inserting after section 3842 as transferred and redesignated by subsection c the following H R 6395—854 ‘‘§ 3843 Contractor internal audit reports Department of Defense access to use of and safeguards and protections for ‘‘øReserved ¿ ‘‘§ 3844 Contractor business systems ‘‘øReserved ¿’’ and 2 by inserting after section 3845 as transferred and redesignated by subsection c the following ‘‘§ 3846 Defense Contract Audit Agency legal resources and expertise ‘‘øReserved ¿’’ SEC 1836 CLAIMS AND DISPUTES a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 281 and inserting the following ‘‘CHAPTER 281—CLAIMS AND DISPUTES ‘‘Sec ‘‘3861 Research and development contracts indemnification provisions ‘‘3862 Requests for equitable adjustment or other relief certification ‘‘3863 Retention of amounts collected from contractor during the pendency of contract dispute ’’ b TRANSFER OF SECTIONS —Sections 2354 2410 and 2410m of title 10 United States Code are transferred to chapter 281 of such title as added by subsection a inserted in that order after the table of sections and redesignated as sections 3861 3862 and 3863 respectively c HEADING AMENDMENT —The heading of section 3861 of title 10 United States Code as so transferred and redesignated is amended to read as follows ‘‘§ 3861 Research and development contracts indemnification provisions’’ SEC 1837 FOREIGN ACQUISITIONS a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 283 and inserting the following ‘‘CHAPTER 283—FOREIGN ACQUISITIONS ‘‘Subchapter Sec ‘‘I General ‘‘II Prohibition on Contracting with the Enemy 3881 3891 ‘‘SUBCHAPTER I—GENERAL ‘‘Sec ‘‘3881 Contracts consideration of national security objectives ’’ b TRANSFER OF SECTION 2327 — 1 TRANSFER —Section 2327 of title 10 United States Code is transferred to chapter 283 of such title as added H R 6395—855 by subsection a inserted after the table of sections at the beginning of subchapter I and redesignated as section 3881 2 APPLICABILITY OF DEFINITIONS —Such section is amended in subsection f 2 by striking ‘‘This section does not’’ and inserting ‘‘The provisions of section 3011 of this title apply in this section except that this section does not’’ c FUTURE CODIFICATION OF SECTIONS 841-843 OF FY2015 NDAA —Chapter 283 of title 10 United States Code is further amended by adding at the end the following ‘‘Subchapter II—Prohibition on Contracting With the Enemy ‘‘Sec ‘‘3891 øReserved¿ ‘‘3892 øReserved¿ ‘‘3893 øReserved¿ ’’ SEC 1838 SOCIOECONOMIC PROGRAMS a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 287 and inserting the following ‘‘CHAPTER 287—SOCIOECONOMIC PROGRAMS ‘‘Sec ‘‘3901 Contracts prohibition on competition between Department of Defense and small businesses ‘‘3902 Credit for Indian contracting in meeting certain subcontracting goals for small disadvantaged businesses ‘‘3903 Subcontracting plans credit for certain purchases ‘‘3904 Research and educational programs and activities historically black colleges and universities and minority-serving institutions of higher education ‘‘3905 Products of Federal Prison Industries procedural requirements ’’ b TRANSFER OF SECTIONS —Section 2304e 2323a 2410d 2362 and 2410n of such title are transferred to chapter 285 of such title as added by subsection a inserted in that order after the table of sections and redesignated as section 3901 3902 3903 3904 and 3905 respectively Subtitle E—Research and Engineering SEC 1841 RESEARCH AND ENGINEERING GENERALLY a SWITCHING OF SUBPARTS E AND F — 1 NEW SUBPART E —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 is amended— A by striking subparts E and F and B by inserting after subpart D the following new subpart E ‘‘Subpart E—Research and Engineering ‘‘CHAPTER 301— RESEARCH AND ENGINEERING GENERALLY ‘‘Sec ‘‘4001 Research and development projects H R 6395—856 ‘‘4002 Research projects transactions other than contracts and grants ‘‘4003 Authority of the Department of Defense to carry out certain prototype projects ‘‘4004 Procurement for experimental purposes ‘‘4005 øReserved¿ ‘‘4006 øReserved¿ ‘‘4007 Science and technology programs to be conducted so as to foster the transition of science and technology to higher levels of research development test and evaluation ‘‘4008 Merit-based award of grants for research and development ‘‘4009 Technology protection features activities ‘‘4010 øReserved¿ ‘‘4011 øReserved¿ ‘‘4012 øReserved¿ ‘‘4013 øReserved¿ ‘‘4014 Coordination and communication of defense research activities and technology domain awareness ‘‘4015 Award of grants and contracts to colleges and universities requirement of competition ’’ 2 TABLES OF CHAPTERS —The tables of chapters at the beginning of subtitle A and at the beginning of part V of subtitle A of title 10 United States Code are amended by striking the items relating to subparts E and F and inserting the following ‘‘Subpart E—Research and Engineering ‘‘301 ‘‘303 ‘‘305 ‘‘307 ‘‘309 Research and Engineering Generally Innovation Department of Defense Laboratories Research and Development Centers and Facilities Test and Evaluation’’ b TRANSFER OF TITLE 10 SECTIONS TO NEW CHAPTER 301 — 1 TRANSFERS —Sections 2358 2371 2371b and 2373 of title 10 United States Code are transferred to chapter 301 of such title as added by subsection a inserted in that order after the table of sections and redesignated as sections 4001 4002 4003 and 4004 respectively 2 CONFORMING CROSS-REFERENCE AMENDMENTS — A Section 4001 of such title as transferred and redesignated by paragraph 1 is amended— i in subsection b 5 by striking ‘‘sections 2371 or 2371b’’ and inserting ‘‘sections 4002 or 4003’’ ii in subsection b 6 by striking ‘‘section 2373’’ and inserting ‘‘sections 4004’’ and iii in subsection d by striking ‘‘sections 2371 and 2371a’’ and inserting ‘‘sections 4002 and 4143’’ B Section 4002 of such title as so transferred and redesignated is amended by striking ‘‘section 2358’’ each place it appears and inserting ‘‘section 4001’’ C Section 4003 of such title as so transferred and redesignated is amended by striking ‘‘section 2371’’ in subsections a 1 b 1 and c 3 A and inserting ‘‘section 4002’’ c TRANSFER OF ADDITIONAL TITLE 10 SECTIONS TO NEW CHAPTER —Sections 2359 2374 2357 and 2361 of title 10 United States Code are transferred to chapter 301 of such title as added by subsection a added in that order after section 4004 as transferred and redesignated by subsection b and redesignated as sections 4007 4008 4009 and 4015 respectively d TRANSFER OF SECTION 2364 A — 1 TRANSFER —The heading and subsection a of section 2364 of title 10 United States Code are transferred to chapter H R 6395—857 301 of such title as so amended inserted after section 4009 as transferred and redesignated by subsection c and redesignated as section 4014 2 PRESERVATION OF DEFINITION —Section 4014 as redesignated by paragraph 1 is amended by adding at the end the following new subsection ‘‘ b DEFENSE RESEARCH FACILITY DEFINED —In this section the term ‘Defense research facility’ has the meaning given that term by section 4142 b of this title ’’ e ADDITIONAL CONFORMING CROSS-REFERENCE AMENDMENTS — 1 Sections 1746 d 1 and 2165 f 1 of title 10 United States Code are amended by striking ‘‘section 2358’’ and inserting ‘‘section 4001’’ 2 Section 218 b 1 of the National Defense Authorization Act for Fiscal Year 2016 Public Law 114–92 10 U S C 2501 note is amended by striking ‘‘section 2371b’’ and inserting ‘‘section 4003’’ SEC 1842 INNOVATION a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by inserting after chapter 301 as added by the preceding section the following new chapter ‘‘CHAPTER 303—INNOVATION ‘‘Sec ‘‘4061 ‘‘4062 ‘‘4063 ‘‘4064 ‘‘4065 ‘‘4066 Defense Research and Development Rapid Innovation Program Defense Acquisition Challenge Program Extramural acquisition innovation and research activities Joint reserve detachment of the Defense Innovation Unit Prizes for advanced technology achievements Global Research Watch Program ’’ b TRANSFER OF TITLE 10 SECTIONS —Sections 2359a 2359b 2361a 2358b 2374a and 2365 of title 10 United States Code are transferred to chapter 303 of such title as added by subsection a inserted in that order after the table of sections and redesignated as sections 4061 4062 4063 4064 4065 and 4066 respectively c CONFORMING CROSS-REFERENCE AMENDMENTS — 1 Section 1089 a of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 10 U S C 2374a note is amended by striking ‘‘section 2374a’’ and inserting ‘‘section 4065’’ 2 Section 905 a 1 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 10 U S C 2364 note is amended by striking ‘‘section 2365’’ and inserting ‘‘section 4066’’ SEC 1843 DEPARTMENT OF DEFENSE LABORATORIES a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by inserting after chapter 303 as added by the preceding section the following new chapter H R 6395—858 ‘‘CHAPTER 305—DEPARTMENT OF DEFENSE LABORATORIES ‘‘Subchapter ‘‘I General Matters ‘‘II Personnel-Related Matters Sec 4101 4111 ‘‘SUBCHAPTER I—GENERAL MATTERS ‘‘Sec ‘‘4101 øReserved¿ ‘‘4102 øReserved¿ ‘‘4103 Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions ‘‘SUBCHAPTER II—PERSONNEL-RELATED MATTERS ‘‘Sec ‘‘4111 Authorities for certain positions at science and technology reinvention laboratories ‘‘4112 Research and development laboratories contracts for services of university students ’’ b TRANSFER OF TITLE 10 SECTIONS — 1 TRANSFER TO SUBCHAPTER I —Section 2363 of title 10 United States Code is transferred to subchapter I of chapter 305 of such title as added by subsection a inserted after the table of sections at the beginning of such subchapter and redesignated as section 4103 2 TRANSFERS TO SUBCHAPTER II —Sections 2358a and 2360 of title 10 United States Code are transferred to subchapter II of chapter 305 of such title as added by subsection a inserted in that order after the table of sections at the beginning of such subchapter and redesignated as sections 4111 and 4112 respectively c CONFORMING CROSS-REFERENCE AMENDMENT —Section 2805 d 1 B of title 10 United States Code is amended by striking ‘‘section 2363 a ’’ and inserting ‘‘section 4103 a ’’ SEC 1844 RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by inserting after chapter 305 as added by the preceding section the following new chapter ‘‘CHAPTER 307—RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES ‘‘Sec ‘‘4141 Contracts acquisition construction or furnishing of test facilities and equipment ‘‘4142 Functions of Defense research facilities ‘‘4143 Cooperative research and development agreements under Stevenson-Wydler Technology Innovation Act of 1980 ‘‘4144 Use of test and evaluation installations by commercial entities ‘‘4145 Cooperative agreements for reciprocal use of test facilities foreign countries and international organizations ‘‘4146 Centers for Science Technology and Engineering Partnership ‘‘4147 Use of federally funded research and development centers ’’ b TRANSFER OF TITLE 10 SECTIONS — 1 IN GENERAL —The sections of title 10 United States Code specified in the left-hand column of the table below H R 6395—859 are transferred to chapter 307 of such title as added by subsection a inserted in that order after the table of sections and redesignated as shown in the right-hand column Section Redesignated Section 2353 2371a 2681 2350l 2368 2367 4141 4143 4144 4145 4146 4147 2 CLERICAL AMENDMENTS — A The table of sections at the beginning of subchapter II of chapter 138 of title 10 United States Code is amended by striking the item relating to section 2350l B The table of sections at the beginning of chapter 159 of such title is amended by striking the item relating to section 2681 c CONFORMING AMENDMENTS TO TRANSFERRED SECTION 4146 —Section 4146 of such title as transferred and redesignated by subsection b is amended— 1 in subsection b 3 B ii by striking ‘‘2358 2371 2511 2539b ’’ and inserting ‘‘4001 4002 4831 4892 ’’ and 2 in subsection d 2 by striking ‘‘section 219’’ and all that follows and inserting ‘‘section 4103 of this title ’’ d TRANSFER OF SECTION 2364 B AND C — 1 HEADING —Chapter 307 of title 10 United States Code as amended by subsection a is further amended by inserting after section 4141 as transferred and redesignated by subsection b the following ‘‘§ 4142 Functions of Defense research facilities’’ 2 TEXT —Subsections b and c of section 2364 of such title are transferred to chapter 307 of such title as so amended inserted after the section heading for section 4142 added by paragraph 1 and redesignated as subsections a and b respectively e CONFORMING CROSS-REFERENCE AMENDMENTS — 1 Section 114 b of title 10 United States Code is amended by striking ‘‘section 2353’’ and inserting ‘‘section 4141’’ 2 Section 1644 f 2 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 10 U S C 2224 note is amended by striking ‘‘section 2368’’ and inserting ‘‘section 4146’’ SEC 1845 TEST AND EVALUATION a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by inserting after chapter 307 as added by the preceding section the following new chapter H R 6395—860 ‘‘CHAPTER 309—TEST AND EVALUATION ‘‘Sec ‘‘4171 Operational test and evaluation of defense acquisition programs ‘‘4172 Major systems and munitions programs survivability testing and lethality testing required before full-scale production ‘‘4173 Department of Defense Test Resource Management Center ’’ b TRANSFER OF TITLE 10 SECTIONS —Sections 2399 2366 and 196 of title 10 United States Code are transferred to chapter 309 of such title as amended by subsection a inserted after the table of sections in that order and redesignated as section 4171 4172 and 4173 respectively c CONFORMING CROSS-REFERENCE AMENDMENTS — 1 Section 139 b 6 of title 10 United States Code is amended by striking ‘‘section 2366’’ and inserting ‘‘section 4172’’ 2 Section 171a i 3 of such title is amended by striking ‘‘section 2366 e ’’ and inserting ‘‘sections 4172 e ’’ 3 Section 2275 g 3 of such title is amended by striking ‘‘section 2366 e 7 ’’ and inserting ‘‘sections 4172 e 7 ’’ 4 Section 130i j 3 C ix of such title is amended by striking ‘‘section 196 i ’’ and inserting ‘‘sections 4173 i ’’ 5 Section 4111 of such title as transferred and redesignated by section 503 b 2 is amended by striking ‘‘section 196’’ in subsection f 1 and inserting ‘‘section 4173’’ 6 Section 220 c of the National Defense Authorization Act for Fiscal Year 2010 Public Law 111–84 10 U S C 221 note is amended by striking ‘‘section 196 h ’’ and inserting ‘‘sections 4173 i ’’ Subtitle F—Major Systems Major Defense Acquisition Programs and Weapon Systems Development SEC 1846 GENERAL MATTERS a TABLES OF CHAPTERS AMENDMENTS SHOWING CHAPTER ORGANIZATION FOR SUBPART F —The tables of chapters at the beginning of subtitle A and at the beginning of part V of subtitle A as added by section 801 of Public Law 115–232 of title 10 United States Code are amended by inserting before the item for the heading for subpart G of part V the following ‘‘Subpart F—Major Systems Major Defense Acquisition Programs and Weapon Systems Development ‘‘321 ‘‘322 ‘‘323 ‘‘324 ‘‘325 ‘‘327 General Matters Major Systems and Major Defense Acquisition Programs Generally Life-Cycle And Sustainment Program Status—Selected Acquisition Reports Cost Growth—Unit Cost Reports Nunn-McCurdy Weapon Systems Development and Related Matters’’ b DESIGNATION OF REVISED SUBPART F AND INSERTION OF NEW CHAPTER 321 —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– H R 6395—861 232 is amended by inserting before subpart G the following new subpart ‘‘Subpart F—Major Systems Major Defense Acquisition Programs and Weapon Systems Development ‘‘CHAPTER 321—GENERAL MATTERS ‘‘Sec ‘‘4201 Major defense acquisition programs definition exceptions ‘‘4202 Authority to increase definitional threshold amounts major defense acquisition programs major systems ‘‘4203 Major subprograms ‘‘4204 Milestone decision authority ‘‘4205 Weapon systems for which procurement funding requested in budget development and procurement schedules ‘‘§ 4201 Major defense acquisition programs definition exceptions ‘‘§ 4202 Authority to increase definitional threshold amounts major defense acquisition programs major systems ‘‘§ 4204 Milestone decision authority’’ c TRANSFER OF SUBSECTION A OF SECTION 2430 — 1 HEADINGS AND INTERNAL REDESIGNATIONS —Subsection a of section 2430 of title 10 United States Code is transferred to section 4201 of such title as added by subsection b inserted after the section heading and amended— A by striking ‘‘ 1 Except as’’ and inserting ‘‘DEFINITION —Except as’’ B by striking ‘‘under paragraph 2 ’’ and inserting ‘‘under subsection b ’’ C by striking ‘‘in this chapter’’ and inserting ‘‘in this part’’ D by redesignating paragraph 2 as subsection b and striking ‘‘In this chapter’’ and inserting ‘‘EXCEPTIONS — In this part’’ and E by redesignating subparagraphs A and B of subsection a and of subsection b as so redesignated as paragraphs 1 and 2 respectively 2 REVISIONS TO NEW SECTION 4201 A 2 —Subsection a 2 of such section 4201 as redesignated and amended by paragraph 1 is amended— A by striking ‘‘to require an eventual’’ and inserting ‘‘to require— ‘‘ A an eventual’’ and B by striking ‘‘or an eventual’’ and inserting ‘‘ or ‘‘ B an eventual’’ 3 REVISIONS TO NEW SECTION 4201 B —Subsection b of such section 4201 as redesignated and amended by paragraph 1 D is amended— A by striking ‘‘include—’’ and inserting ‘‘include the following ’’ B by striking ‘‘an’’ at the beginning of paragraphs 1 and 2 as redesignated by paragraph 1 E and inserting ‘‘An’’ and H R 6395—862 C by striking ‘‘ or’’ at the end of paragraph 1 as so redesignated and inserting a period d TRANSFER OF SUBSECTIONS B AND C OF SECTION 2430 — 1 TRANSFER AND INTERNAL REDESIGNATIONS —Subsections b and c of section 2430 of title 10 United States Code are transferred to section 4202 of such title as added by subsection b inserted after the section heading and amended— A by redesignating subsection b as subsection a B by striking the second sentence of that subsection and C by redesignating subsection c as paragraph 2 realigning that paragraph 2 ems to the right and redesignating paragraphs 1 2 3 and 4 therein as subparagraphs A B C and D respectively 2 Subsection a of such section as so redesignated is further amended— A by striking ‘‘The Secretary’’ and inserting ‘‘ADJUSTMENTS TO THRESHOLDS FOR MAJOR DEFENSE ACQUISITION PROGRAMS — ‘‘ 1 AUTHORITY —The Secretary’’ B by striking ‘‘in subsection a 1 B ’’ and inserting ‘‘in section 4201 a 2 of this title’’ C in paragraph 2 as redesignated by paragraph 1 C — i by inserting ‘‘MATTERS TO BE CONSIDERED — ’’ before ‘‘For purposes of’’ ii by striking ‘‘subsection a 1 B ’’ and inserting ‘‘section 4201 a 2 of this title’’ iii in subparagraph B as redesignated by paragraph 1 C by striking ‘‘section 2366a a 6 ’’ and inserting ‘‘section 4251 a 6 ’’ iv in subparagraph C as so redesignated by striking ‘‘section 2366b a 1 C ’’ and inserting ‘‘section 4252 a 1 C ’’ and v in subparagraph D as so redesignated by striking ‘‘section 2435’’ and inserting ‘‘section 4214’’ e TRANSFER OF SUBSECTION C OF SECTION 2302D — 1 TRANSFER AND INTERNAL REDESIGNATIONS —Subsection c of section 2302d of title 10 United States Code is transferred to section 4202 of such title as added by subsection b inserted after subsection a of that section as transferred and amended by subsection d and amended— A by redesignating such subsection as subsection b and B by redesignating paragraph 3 thereof as subsection c 2 AMENDMENTS TO NEW 4202 B —Subsection b of section 4202 of such title as so transferred and redesignated is amended— A by striking ‘‘ADJUSTMENT AUTHORITY — 1 The Secretary’’ and inserting ‘‘ADJUSTMENT AUTHORITY FOR MAJOR SYSTEMS — ‘‘ 1 AUTHORITY —The Secretary’’ B by striking ‘‘subsection a ’’ and inserting ‘‘section 3041 c 1 of this title’’ and H R 6395—863 C by realigning paragraph 2 2 ems from the left margin and inserting ‘‘ROUNDING —’’ in that paragraph after ‘‘ 2 ’’ 3 AMENDMENTS TO NEW 4202 C —Subsection c of section 4202 of such title as redesignated by paragraph 1 is amended— A by inserting ‘‘NOTIFICATION TO CONGRESSIONAL COMMITTEES —’’ before ‘‘An adjustment’’ and B by striking ‘‘under this subsection’’ and inserting ‘‘under subsection a or b ’’ f TRANSFER OF SUBSECTION D OF SECTION 2430 — 1 TRANSFER AND INTERNAL REDESIGNATIONS —Subsection d of section 2430 of title 10 United States Code is transferred to section 4204 of such title as added by subsection b inserted after the section heading and amended by striking the subsection designation and redesignating paragraphs 1 2 3 4 and 5 as subsections a b c d and f respectively 2 AMENDMENTS TO NEW SECTION 4204 A —Subsection a of such section 4204 as transferred and redesignated by paragraph 1 is amended— A by inserting ‘‘SERVICE ACQUISITION EXECUTIVE — ’’ before ‘‘The milestone’’ and B by striking ‘‘under paragraph 2 ’’ and inserting ‘‘under subsection b ’’ 3 AMENDMENTS TO NEW SECTION 4204 B —Subsection b of such section 4204 as redesignated by paragraph 1 is amended— A by inserting ‘‘DESIGNATION OF ALTERNATE MILESTONE DECISION AUTHORITY —’’ before ‘‘The Secretary’’ B by striking ‘‘to which—’’ and inserting ‘‘to which any of the following applies ’’ C by redesignating subparagraphs A through E as paragraphs 1 through 5 respectively D in paragraph 1 as so redesignated by striking ‘‘subject to paragraph 5 ’’ and inserting ‘‘Subject to subsection f ’’ E in paragraph 3 as so redesignated by striking ‘‘section 2433’’ and inserting ‘‘sections 4371 through 4375’’ F by striking ‘‘the’’ at the beginning of paragraphs 2 3 4 and 5 as so redesignated and inserting ‘‘The’’ G by striking the semicolon at the end of paragraphs 1 2 and 3 as so redesignated and inserting a period and H by striking ‘‘ or’’ at the end of paragraph 4 as so redesignated and inserting a period 4 AMENDMENTS TO NEW SECTION 4204 C —Subsection c of section 4204 of such title as so redesignated is amended— A by striking ‘‘ A After designating’’ and inserting ‘‘REVERSION TO SERVICE ACQUISITION EXECUTIVE — ‘‘ 1 After designating’’ B by striking ‘‘under paragraph 2 ’’ and inserting ‘‘under subsection b ’’ and C by redesignating subparagraph B as paragraph 2 realigning that paragraph 2 ems from the left margin and striking ‘‘section 2433’’ and inserting ‘‘sections 4371 through 4375’’ H R 6395—864 5 AMENDMENTS TO NEW SECTION 4204 D —Subsection d of section 4204 of such title as so redesignated is amended— A by striking ‘‘ A For each’’ and inserting ‘‘CERTIFICATIONS RELATING TO FUNDING —For each’’ PROGRAM REQUIREMENTS AND B by redesignating subparagraph B as subsection e C by striking ‘‘under section 2432 of this title certify that’’ and inserting ‘‘under sections 4351 through 4358 of this title— ‘‘ 1 certify that’’ and D by striking ‘‘the program and identify and report’’ and inserting ‘‘the program and ‘‘ 2 identify and report’’ 6 AMENDMENTS TO NEW SECTION 4204 E —Subsection e of section 4204 of such title as redesignated by paragraph 5 B is amended— A by inserting ‘‘DOCUMENTATION AND OVERSIGHT— ’’ before ‘‘The Secretary of Defense’’ B by striking ‘‘programs and shall limit outside requirements’’ and inserting ‘‘programs and shall— ‘‘ 1 limit outside requirements’’ and C by striking ‘‘decision authority and ensure that’’ and inserting ‘‘decision authority and ‘‘ 2 ensure that’’ 7 AMENDMENTS TO NEW SECTION 4204 F —Subsection f of section 4204 of such title as redesignated by paragraph 1 is amended— A by inserting ‘‘LIMITATION ON AUTHORITY TO DESIGNATE ALTERNATIVE MDA FOR PROGRAMS ADDRESSING JOINT REQUIREMENTS —’’ before ‘‘The authority of’’ and B by striking ‘‘in paragraph 2 A ’’ and inserting ‘‘in subsection b 1 ’’ 8 CONFORMING REPEAL —Section 2430 of title 10 United States Code is repealed g TRANSFER OF SECTION 2430A —Section 2430a of such title is transferred to chapter 321 of such title as added by subsection b inserted after section 4202 redesignated as section 4203 and amended— 1 by striking ‘‘section 2432 a ’’ in subsection d and inserting ‘‘section 4351’’ and 2 by striking ‘‘this chapter’’ each place it appears and inserting ‘‘this subpart’’ h TRANSFER OF SECTION 2431 — 1 Section 2431 of such title is transferred to chapter 321 as added by subsection b added at the end and redesignated as section 4205 2 The heading of such section is amended to read as follows ‘‘§ 4205 Weapon systems for which procurement funding requested in budget development and procurement schedules’’ i CROSS REFERENCES —The following provisions of law are amended by striking ‘‘section 2430’’ or ‘‘section 2430 a ’’ as the case may be and inserting ‘‘section 4201’’ 1 Section 139 a 2 B of title 10 United States Code H R 6395—865 2 Section 189 c 1 of such title 3 Section 1706 c 1 of such title 4 Sections 1731 b 1 B ii and 1737 a 3 of such title 5 Section 2275 g 2 of such title 6 Section 141 a of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 Public Law 107–314 50 U S C 1521a SEC 1847 MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS GENERALLY a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115232 is amended by inserting after chapter 321 as added by the preceding section the following new chapter ‘‘CHAPTER 322—MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS GENERALLY ‘‘Subchapter ‘‘I Management ‘‘II Contracting ‘‘III Milestones for Major Defense Acquisition Programs ‘‘IV Additional Provisions Applicable Specifically to Major Defense Acquisition Programs ‘‘III Contractors Sec 4211 4231 4251 4271 4291 ‘‘SUBCHAPTER I—MANAGEMENT ‘‘Sec ‘‘4211 ‘‘4212 ‘‘4213 ‘‘4214 ‘‘4215 ‘‘4216 ‘‘4217 ‘‘4218 Acquisition strategy Risk management and mitigation øReserved¿ Baseline description øReserved¿ øReserved¿ øReserved¿ øReserved¿ ‘‘SUBCHAPTER II—CONTRACTING ‘‘Sec ‘‘4231 Major systems determination of quantity for low-rate initial production ‘‘4232 Use of lowest price technically acceptable source selection process prohibition ‘‘4233 øReserved¿ ‘‘4234 øReserved¿ ‘‘4235 øReserved¿ ‘‘4236 Negotiation of price for technical data before development production or sustainment of major weapon systems ‘‘SUBCHAPTER III—MILESTONES FOR MAJOR DEFENSE ACQUISITION PROGRAMS ‘‘Sec ‘‘4251 Major defense acquisition programs determination required before Milestone A approval ‘‘4252 Major defense acquisition programs certification required before Milestone B approval ‘‘4253 Major defense acquisition programs submissions to Congress on Milestone C ‘‘4254 øReserved¿ H R 6395—866 ‘‘SUBCHAPTER IV—ADDITIONAL PROVISIONS APPLICABLE SPECIFICALLY TO MAJOR DEFENSE ACQUISITION PROGRAMS ‘‘Sec ‘‘4271 Program cost fielding and performance goals in planning major defense acquisition programs ‘‘4272 Independent technical risk assessments ‘‘4273 Performance assessments and root cause analyses ‘‘4274 Acquisition-related functions of chiefs adherence to requirements in major defense acquisition programs ‘‘4275 øReserved¿ ‘‘4276 øReserved¿ ‘‘SUBCHAPTER V—CONTRACTORS ‘‘Sec ‘‘4291 øReserved¿ ‘‘4292 Contracts limitations on lead system integrators ‘‘4293 Major defense acquisition programs incentive program for contractors to purchase capital assets manufactured in United States ’’ b SUBCHAPTER I MANAGEMENT — 1 TRANSFER OF SECTION 2431A — A TRANSFER —Section 2431a of 10 United States Code is transferred to chapter 322 as added by subsection a inserted after the table of sections at the beginning of subchapter I and redesignated as section 4211 B CONFORMING CROSS-REFERENCE AMENDMENTS — Such section is amended— i in subsection c 2 — I in subparagraph D by striking ‘‘section 2337’’ and inserting ‘‘section 4324’’ II in subparagraph F by striking ‘‘section 2320’’ and inserting ‘‘sections 3771 through 3775’’ and III in subparagraph H by striking ‘‘section 2306b’’ and inserting ‘‘sections 3501 through 3511’’ and ii in subsection e — I in paragraph 4 by striking ‘‘section 2366 e 7 ’’ and inserting ‘‘section 4172 e 7 ’’ II in paragraph 7 by striking ‘‘section 2433 a 4 ’’ and inserting ‘‘section 4371 a 2 ’’ and III in paragraph 8 by striking ‘‘section 2433 a 5 ’’ and inserting ‘‘section 4371 a 3 ’’ C DEFINITIONS —Subsection e of such section is further amended— i by striking paragraphs 1 and 2 and ii redesignating paragraphs 3 through 10 as amended by subparagraph B ii as paragraphs 1 through 8 respectively 2 TRANSFER OF SECTION 2440 — A TRANSFER —The text of section 2440 of title 10 United States Code is transferred to section 4211 of such title as transferred and redesignated by paragraph 1 inserted at the end of subsection c designated as paragraph 3 and amended by striking ‘‘section 2501’’ and inserting ‘‘section 4811’’ B CROSS-REFERENCE —Subsection c 2 B of such section 4211 is amended by striking ‘‘section 2440 of this title’’ and inserting ‘‘paragraph 3 ’’ H R 6395—867 3 TRANSFER OF SECTION 2431B —Section 2431b of such title is transferred to chapter 322 of such title as added by subsection a inserted after section 4211 as transferred and redesignated by paragraph 1 and amended by paragraph 2 redesignated as section 4212 and amended— A in subsection a by striking ‘‘section 2431a’’ and inserting ‘‘section 4211’’ and B in subsection d — i by striking ‘‘DEFINITIONS —’’ and all that follows through ‘‘The term’’ and inserting ‘‘CONCURRENCY DEFINED —In this section the term’’ and ii by striking paragraph 2 4 TRANSFER OF SECTION 2435 —Section 2435 of title 10 United States Code is transferred to chapter 322 of such title as added by subsection a inserted after section 4212 as transferred and redesignated by paragraph 3 redesignated as section 4214 and amended— A in subsections a 2 and d 2 by striking ‘‘section 2433’’ and inserting ‘‘sections 4371 through 4375’’ and B in subsection d — i in paragraph 1 by striking ‘‘In this chapter’’ and inserting ‘‘In this subpart’’ ii in paragraph 2 by striking ‘‘subsection d of such section’’ and inserting ‘‘section 4374 of this title’’ and iii in paragraph 3 by striking ‘‘section 2432’’ and inserting ‘‘sections 4351 through 4358’’ c SUBCHAPTER II CONTRACTING — 1 TRANSFER OF SECTION 2400 — A Section 2400 of title 10 United States Code is transferred to chapter 322 of such title as added by subsection a inserted after the table of sections at the beginning of subchapter II redesignated as section 4231 and amended— i in subsection a 5 by striking ‘‘section 2432’’ and inserting ‘‘sections 4351 through 4358’’ and ii in subsection b 1 by striking ‘‘section 2399’’ and inserting ‘‘section 4171’’ B The heading of such section is amended to read as follows ‘‘§ 4231 Major systems determination of quantity for lowrate initial production’’ 2 TRANSFER OF SECTION 2442 —Section 2442 of such title is transferred to chapter 322 of such title as added by subsection a inserted after section 4231 as transferred and redesignated by paragraph 1 redesignated as section 4232 and amended in subsection b by striking paragraph 2 and redesignating paragraph 3 as paragraph 2 3 TRANSFER OF SECTION 2439 —Section 2439 of title 10 United States Code is transferred to chapter 322 as added by subsection a inserted after section 4232 as transferred and redesignated by paragraph 2 and redesignated as section 4236 d SUBCHAPTER III MILESTONES — 1 TRANSFER OF SECTION 2366A — H R 6395—868 A TRANSFER —Section 2366a of title 10 United States Code is transferred to chapter 322 of such title as added by subsection a inserted after the table of sections at the beginning of subchapter III and redesignated as section 4251 B AMENDMENTS TO SUBSECTION B —Subsection b of such section is amended— i in paragraph 4 by striking ‘‘section 2448b a 1 ’’ and inserting ‘‘section 4272 a 1 ’’ and ii in paragraph 8 by striking ‘‘subchapter II of chapter 144B’’ and inserting ‘‘subchapter II of chapter 327’’ C AMENDMENTS TO SUBSECTION C —Subsection c 1 of such section is amended— i in subparagraph A by striking ‘‘section 2448a a ’’ and inserting ‘‘section 4271 a ’’ ii in subparagraph C by striking ‘‘section 2334 a 6 ’’ and inserting ‘‘section 3221 b 6 ’’ and iii in subparagraph E by striking ‘‘section 2448b’’ and inserting ‘‘section 4272’’ D AMENDMENTS TO SUBSECTION D —Subsection d of such section is amended— i by striking paragraphs 1 and 6 and redesignating paragraphs 2 3 4 5 7 8 9 and 10 as paragraphs 1 2 3 4 5 6 7 and 8 respectively ii in paragraph 3 as so redesignated by striking ‘‘section 2366 e 7 ’’ and inserting ‘‘section 4172 e 7 ’’ iii in paragraph 6 as so redesignated by striking ‘‘section 2448a a ’’ and inserting ‘‘section 4271 a ’’ and iv in paragraph 7 as so redesignated by striking ‘‘section 2446a b 3 ’’ and inserting ‘‘section 4401 b 3 ’’ 2 TRANSFER OF SECTION 2366B — A TRANSFER —Section 2366b of title 10 United States Code is transferred to chapter 322 of such title inserted after section 4251 as transferred and redesignated by paragraph 1 and redesignated as section 4252 B AMENDMENTS TO SUBSECTION A —Subsection a of such section is amended— i in paragraph 2 by striking ‘‘section 2448b’’ and inserting ‘‘section 4272’’ and ii in paragraph 3 — I in subparagraph D by striking ‘‘section 2435’’ and ‘‘section 2448a a ’’ and inserting ‘‘section 4214 of this title’’ and ‘‘section 4271 a ’’ respectively and II in subparagraph N by striking ‘‘section 2446b e ’’ and inserting ‘‘section 4402 e ’’ C AMENDMENTS TO SUBSECTION C —Subsection c of such section is amended— i in paragraph 1 — I in subparagraph A by striking ‘‘section 2448a a ’’ and inserting ‘‘section 4271 a ’’ H R 6395—869 II in subparagraph C by striking ‘‘section 2334 a 6 ’’ and inserting ‘‘section 3221 b 6 ’’ and III in subparagraph E by striking ‘‘section 2448b’’ and inserting ‘‘section 4272’’ and ii in paragraph 2 A by striking ‘‘section 2432’’ and inserting ‘‘sections 4351 through 4358’’ D AMENDMENTS TO SUBSECTION D —Subsection d 3 of such section is amended by striking ‘‘section 2433a c ’’ and inserting ‘‘section 4377’’ E AMENDMENTS TO SUBSECTION G —Subsection g of such section is amended— i by striking paragraphs 1 and 2 and redesignating paragraphs 3 4 5 6 7 and 8 as paragraphs 1 2 3 4 5 and 6 respectively ii in paragraph 2 as so redesignated by striking ‘‘section 2366 e 7 ’’ and inserting ‘‘section 4172 e 7 ’’ iii in paragraph 4 as so redesignated by striking ‘‘section 2448a a ’’ and inserting ‘‘section 4271 a ’’ and iv in paragraph 5 as so redesignated by striking ‘‘section 2446a b 3 ’’ and inserting ‘‘section 4401 b 3 ’’ 3 TRANSFER OF SECTION 2366C —Section 2366c of title 10 United States Code is transferred to chapter 322 of such title inserted after section 4252 as transferred and redesignated by paragraph 3 redesignated as section 4253 and amended by striking ‘‘section 2334 a 6 ’’ in subsection a 2 and inserting ‘‘section 3221 b 6 ’’ e SUBCHAPTER IV ADDITIONAL PROVISIONS APPLICABLE SPECIFICALLY TO MDAPS — 1 TRANSFER OF SECTION 2448A —Section 2448a of title 10 United States Code is transferred to chapter 322 of such title inserted after the table of sections at the beginning of subchapter IV redesignated as section 4271 and amended— A in subsection b 1 by striking ‘‘section 2432 a 2 ’’ and inserting ‘‘section 4351 2 ’’ and B in subsection b 2 by striking ‘‘section 2366a d 2 ’’ and inserting ‘‘section 4251 d 1 ’’ 2 TRANSFER OF SECTION 2448B —Section 2448b of title 10 United States Code is transferred to chapter 322 of such title inserted after section 4271 as transferred and redesignated by paragraph 1 redesignated as section 4272 and amended— A in subsection a 1 by striking ‘‘section 2366a’’ and inserting ‘‘section 4251’’ and B in subsection a 2 by striking ‘‘section 2366b’’ and inserting ‘‘section 4252’’ 3 TRANSFER OF SECTION 2438 —Section 2438 of title 10 United States Code is transferred to chapter 322 of such title inserted after section 4272 as transferred and redesignated by paragraph 2 redesignated as section 4273 and amended— A in subsection b 2 by striking ‘‘section 2433a a 1 ’’ and inserting ‘‘4376 a 1 ’’ and B in subsections b 5 A and d by striking ‘‘section 2433a’’ and inserting ‘‘sections 4736 and 4377’’ 4 TRANSFER OF SECTION 2547 B — H R 6395—870 A NEW SECTION —Chapter 322 of title 10 United States Code as added by subsection a is further amended by inserting after section 4273 as transferred and redesignated by paragraph 3 the following new section ‘‘§ 4274 Acquisition-related functions of chiefs of the armed forces adherence to requirements in major defense acquisition programs’’ B TRANSFER —Subsection b of section 2547 of such title is transferred to section 4274 of such title as added by subparagraph A inserted after the section heading and amended— i by redesignating such subsection as subsection a and ii by redesignating paragraph 2 as subsection b C AMENDMENTS TO NEW SECTION 4274 A —Subsection a of such section 4274 as so transferred and redesignated is amended— i by striking ‘‘ADHERENCE TO’’ and all that follows through ‘‘ 1 ’’ and inserting ‘‘ROLE OF SERVICE CHIEFS IN PROGRAM CAPABILITY DOCUMENT APPROVAL —’’ and ii by striking ‘‘section 2448a a ’’ and inserting ‘‘4271 a ’’ D AMENDMENTS TO NEW SECTION 4274 B —Subsection b of such section 4274 as redesignated by subparagraph B ii is amended— i by inserting ‘‘ROLE OF SERVICE CHIEFS IN MATERIAL DEVELOPMENT DECISION AND ACQUISITION SYSTEM MILESTONES —’’ before ‘‘Consistent with’’ ii by striking ‘‘under subsection a ’’ and inserting ‘‘under section 3053 of this title’’ iii by redesignating subparagraphs A B C and D as paragraphs 1 2 3 and 4 respectively iv in paragraph 2 as so redesignated by striking ‘‘section 2366a’’ and inserting ‘‘section 4251’’ and v in paragraph 3 as so redesignated by striking ‘‘section 2366b’’ and inserting ‘‘section 4252’’ 5 RESTATEMENT OF SECTION 2547 C D 3 —Such section 4274 is further amended by adding at the end— A a new subsection c identical to section 2547 c of such title as in effect on the day before the effective date of this section and B a new subsection d as follows ‘‘ d PROGRAM CAPABILITY DOCUMENT DEFINED —In this section the term ‘program capability document’ has the meaning provided that term in section 4401 b 5 of this title ’’ 6 CROSS-REFERENCE AMENDMENTS — A Section 131 b 8 of title 10 United States Code is amended by striking ‘‘section 2438 a ’’ in the last subparagraph and inserting ‘‘section 4273 a ’’ B Sections 7033 d 5 8033 d 5 8043 e 5 and 9033 d 5 of such title are amended by striking ‘‘and 2547’’ and inserting ‘‘ 3103 and 4274’’ f SUBCHAPTER V CONTRACTORS — H R 6395—871 1 TRANSFER OF SECTION 2410P —Section 2410p of title 10 United States Code is transferred to subchapter V of chapter 322 as added by subsection a inserted after the table of sections and redesignated as section 4292 2 TRANSFER OF SECTION 2436 —Section 2436 of such title is transferred to chapter 322 of such title inserted after section 4292 as added by paragraph 1 and redesignated as section 4293 SEC 1848 LIFE-CYCLE AND SUSTAINMENT a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by inserting after chapter 322 as added by the preceding section the following new chapter ‘‘CHAPTER 323—LIFE-CYCLE AND SUSTAINMENT ‘‘Sec ‘‘4321 Development of major defense acquisition programs sustainment of system to be replaced ‘‘4322 øReserved¿ ‘‘4323 Sustainment reviews ‘‘4324 Major systems life-cycle management and product support ‘‘4325 Major weapon systems assessment management and control of operating and support costs ‘‘4326 øReserved¿ ‘‘4327 øReserved¿ ‘‘4328 Weapon system design sustainment factors ’’ b TRANSFER OF SECTION 2437 —Section 2437 of title 10 United States Code is transferred to chapter 323 of such title as added by subsection a inserted after the table of sections at the beginning and redesignated as section 4321 c TRANSFER OF SECTION 2441 —Section 2441 of title 10 United States Code is transferred to chapter 323 of such title as added by subsection a inserted after section 4321 as transferred and redesignated by subsection b redesignated as section 4323 and amended by striking ‘‘sections 2337 and 2337a’’ in subsection c and inserting ‘‘sections 4324 and 4325’’ d TRANSFER OF SECTIONS 2337 AND 2337A — 1 TRANSFER —Sections 2337 and 2337a of title 10 United States Code are transferred to chapter 323 of such title as added by subsection a inserted in that order after section 4323 as transferred and redesignated by subsection c and redesignated as sections 4324 and 4325 respectively 2 AMENDMENT TO TRANSFERRED SECTION 4324 —Section 4324 of title 10 United States Code as transferred and redesignated by paragraph 1 is amended by striking ‘‘section 2302d a ’’ in subsection c 5 and inserting ‘‘section 3041 c 1 ’’ 3 AMENDMENTS TO TRANSFERRED SECTION 4325 — A Section 4325 of such title as transferred and redesignated by paragraph 1 is amended— i in subsection b 1 by striking ‘‘section 2337’’ and inserting ‘‘section 4324’’ and ii in subsection d by striking ‘‘section 2379 f ’’ and inserting ‘‘section 3455 f ’’ B The heading of such section is amended to read as follows H R 6395—872 ‘‘§ 4325 Major weapon systems assessment management and control of operating and support costs’’ e TRANSFER OF SECTION 2443 — 1 Section 2443 of title 10 United States Code is transferred to chapter 323 as added by subsection a inserted after section 4235 as transferred and redesignated by subsection d and redesignated as section 4328 2 The heading of such section is amended to read as follows ‘‘§ 4328 Weapon system design sustainment factors’’ SEC 1849 PROGRAM STATUS–SELECTED ACQUISITION REPORTS a RESTATEMENT OF SECTION 2432 —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 is amended by inserting after chapter 323 as added by the preceding section the following new chapter ‘‘CHAPTER 324—PROGRAM STATUS–SELECTED ACQUISITION REPORTS ‘‘Sec ‘‘4350 ‘‘4351 ‘‘4352 ‘‘4353 ‘‘4354 ‘‘4355 ‘‘4356 ‘‘4357 ‘‘4358 Selected acquisition reports termination Selected acquisition reports definitions Selected acquisition reports requirement for quarterly reports Selected acquisition reports for 1st quarter of a fiscal year comprehensive annual report Selected acquisition reports for 2d 3d and 4th quarters Selected acquisition reports quarterly SAR report content Selected acquisition reports time for submission to Congress form of report Selected acquisition reports termination of requirements with respect to a program or subprogram Selected acquisition reports when total program reporting begins limited reports before approval to proceed to system development and demonstration ‘‘§ 4350 Selected acquisition reports termination ‘‘§ 4351 Selected acquisition reports definitions ‘‘§ 4352 Selected acquisition reports requirement for quarterly reports ‘‘§ 4353 Selected acquisition reports for 1st quarter of a fiscal year comprehensive annual report ‘‘§ 4354 Selected acquisition reports for 2d 3d and 4th quarters ‘‘§ 4355 Selected acquisition reports quarterly SAR report content ‘‘§ 4356 Selected acquisition reports time for submission to Congress form of report ‘‘§ 4357 Selected acquisition reports termination of requirements with respect to a program or subprogram ‘‘§ 4358 Selected acquisition reports when total program reporting begins limited reports before approval to proceed to system development and demonstration’’ b TRANSFER OF SUBSECTION J OF SECTION 2432 —Subsection j of section 2432 of title 10 United States Code is transferred H R 6395—873 to section 4350 of such title as added by subsection a inserted after the section heading and amended— 1 by striking the subsection designation and subsection heading and 2 by striking ‘‘this section’’ and inserting ‘‘this chapter’’ c TRANSFER OF SUBSECTION A OF SECTION 2432 —Subsection a of section 2432 of title 10 United States Code is transferred to section 4351 of such title as added by subsection a inserted after the section heading and amended— 1 by striking the subsection designation 2 in paragraph 1 by inserting ‘‘PROGRAM ACQUISITION UNIT COST —’’ after ‘‘ 1 ’’ 3 in paragraph 2 by inserting ‘‘PROCUREMENT UNIT COST —’’ after ‘‘ 2 ’’ 4 in paragraph 3 by inserting ‘‘MAJOR CONTRACT — ’’ after ‘‘ 3 ’’ and 5 in paragraph 4 by inserting ‘‘FULL LIFE-CYCLE COST — ’’ after ‘‘ 4 ’’ d TRANSFER OF SUBSECTION B OF SECTION 2432 — 1 TRANSFER —Subsection b of section 2432 of title 10 United States Code is transferred to section 4352 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and B by redesignating paragraphs 1 2 and 3 as subsections a b and c respectively 2 REVISIONS TO NEW 4352 A —Subsection a of such section 4352 as redesignated by paragraph 1 B is amended— A by striking ‘‘The Secretary’’ and inserting ‘‘IN GENERAL — ‘‘ 1 The Secretary’’ B by striking ‘‘a report on’’ and all that follows in the first sentence and inserting ‘‘a report on— ‘‘ A current major defense acquisition programs and ‘‘ B any program that is estimated by the Secretary of Defense to require— ‘‘ i an eventual total expenditure for research development test and evaluation of more than $300 000 000 based on fiscal year 1990 constant dollars or ‘‘ ii an eventual total expenditure for procurement including all planned increments or spirals of more than $1 800 000 000 based on fiscal year 1990 constant dollars ’’ C by designating the second and third sentences as paragraphs 2 and 3 respectively and realigning those paragraphs 2 ems from the left margin D in paragraph 2 as so designated by striking ‘‘paragraphs 2 and 3 ’’ and inserting ‘‘subsections b and c ’’ and E in paragraph 3 as so designated by striking ‘‘this section’’ and inserting ‘‘this chapter’’ 3 REVISIONS TO NEW 4352 B —Subsection b of such section 4352 as redesignated by paragraph 1 B is amended— A by inserting ‘‘REPORTS NOT REQUIRED FOR 2D 3D AND 4TH QUARTERS FOR CERTAIN PROGRAMS —’’ before ‘‘A status report’’ and H R 6395—874 B by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively 4 REVISIONS TO NEW 4352 C —Subsection c of such section 4352 as redesignated by paragraph 1 B is amended— A by striking ‘‘ A The Secretary’’ and inserting ‘‘SECRETARY OF DEFENSE WAIVER AUTHORITY — ‘‘ 1 AUTHORITY —The Secretary’’ B by redesignating subparagraph B as paragraph 2 and realigning that paragraph 2 ems from the left margin C by redesignating clauses i ii and iii of paragraph 1 as designated by the amendment made by subparagraph A as subparagraphs A B and C respectively and realigning those subparagraphs 4 ems from the left margin and D in paragraph 2 as redesignated by subparagraph B — i by inserting ‘‘NOTIFICATION TO CONGRESSIONAL COMMITTEES —’’ before ‘‘The Secretary shall’’ and ii by striking ‘‘subparagraph A ’’ and inserting ‘‘paragraph 1 ’’ e TRANSFER OF SUBSECTION C OF SECTION 2432 — 1 TRANSFER —Subsection c of section 2432 of title 10 United States Code is transferred to section 4353 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and B by redesignating paragraphs 1 2 3 and 4 as subsections a b c and d respectively 2 REVISIONS TO NEW 4353 A —Subsection a of such section 4353 as redesignated by paragraph 1 B is amended as follows A SUBSECTION HEADING —Such subsection is amended by inserting ‘‘CONTENT OF SAR SUBMITTED FOR FIRST QUARTER —’’ before ‘‘Each Selected Acquisition Report for’’ B INTERNAL REDESIGNATIONS —Such subsection is further amended— i by redesignating subparagraphs A through H as paragraphs 1 through 8 respectively and ii by redesignating clauses i through iv of paragraph 2 as so redesignated as subparagraphs A through D respectively C REVISION OF LIST FORMAT —Such subsection is further amended— i by striking ‘‘for a fiscal year shall include— ’’ in the matter preceding such paragraph 1 as so redesignated and inserting ‘‘for a fiscal year shall include the following ’’ ii in each of such paragraphs 1 through 8 as so redesignated by capitalizing the first letter of the first word after the paragraph designation iii in each of such paragraphs 1 through 6 as so redesignated by striking the semicolon at the end and inserting a period and iv by striking ‘‘ and’’ at the end of paragraph 7 as so redesignated and inserting a period H R 6395—875 D CONFORMING CROSS-REFERENCE AMENDMENTS — Such subsection is further amended— i by striking ‘‘section 2431’’ in paragraph 1 as so redesignated and inserting ‘‘section 4205’’ ii by striking ‘‘section 2433 a 2 ’’ in paragraph 2 A as so redesignated and inserting ‘‘section 4371 a 4 ’’ iii by striking ‘‘section 2435 d 1 ’’ in paragraph 2 B as so redesignated and inserting ‘‘section 4214 d 1 ’’ iv by striking ‘‘section 2435 d 2 ’’ in paragraph 2 C as so redesignated and inserting ‘‘section 4214 d 2 ’’ v by striking ‘‘section 2432 e 4 ’’ in paragraph 2 D as so redesignated and inserting ‘‘section 4355 4 ’’ and vi by striking ‘‘section 2446a’’ in paragraph 7 as so redesignated and inserting ‘‘section 4401’’ 3 REVISIONS TO NEW 4353 B —Subsection b of such section 4353 as redesignated by paragraph 1 B is amended— A by striking ‘‘Each Selected’’ and inserting ‘‘CONGRESSIONAL COMMITTEES — ‘‘ 1 INFORMATION NEEDED BY CONGRESSIONAL COMMITTEES —Each Selected’’ and B by designating the text after the first sentence as paragraph 2 aligning that paragraph 2 ems from the left margin and inserting ‘‘NOTIFICATION TO CONGRESSIONAL COMMITTEES OF PROPOSED CHANGES —’’ before ‘‘Whenever the Secretary’’ 4 REVISIONS TO NEW 4353 C —Subsection c of such section 4353 as redesignated by paragraph 1 B is amended— A by inserting ‘‘LIFE-CYCLE COST ANALYSES —’’ before ‘‘In addition to’’ B by striking ‘‘paragraphs 1 and 2 ’’ and inserting ‘‘subsections a and b ’’ and C by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively 5 REVISION TO NEW 4353 D —Subsection d of such section 4353 as redesignated by paragraph 1 B is amended by inserting ‘‘REFERENCE TO 1ST QUARTER SAR AS COMPREHENSIVE ANNUAL SAR —’’ before ‘‘Selected Acquisition Reports’’ f TRANSFER OF SUBSECTION D OF SECTION 2432 — 1 TRANSFER —Subsection d of section 2432 of title 10 United States Code is transferred to section 4354 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation 2 CONFORMING AMENDMENTS AND SUBSECTION HEADINGS —Such section is amended— A by redesignating paragraphs 1 and 2 as subsections a and b respectively B in subsection a as so redesignated— i by inserting ‘‘CONTINGENT REQUIRED CONTENT —’’ before ‘‘Each Selected Acquisition Report’’ ii by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively H R 6395—876 iii in paragraph 1 as so redesignated by striking ‘‘subsection e ’’ and inserting ‘‘section 4355 of this title’’ and iv in paragraph 2 as so redesignated by striking ‘‘subsection c ’’ and inserting ‘‘section 4353 of this title’’ and C in subsection b as so redesignated by inserting ‘‘REFERENCE TO 2D 3D AND 4TH QUARTERS SARS AS QUARTERLY SARS —’’ before ‘‘Selected Acquisition Reports for’’ g TRANSFER OF SUBSECTION E OF SECTION 2432 —Subsection e of section 2432 of title 10 United States Code is transferred to section 4355 of such title as added by subsection a inserted after the section heading and amended by striking the subsection designation h TRANSFER OF SUBSECTION F OF SECTION 2432 — 1 TRANSFER —Subsection f of section 2432 of title 10 United States Code is transferred to section 4356 of such title as added by subsection a inserted after the section heading and redesignated as subsection a 2 SUBSECTION HEADING —Such subsection is amended by inserting ‘‘TIME FOR SUBMISSION —’’ before ‘‘Each comprehensive’’ i TRANSFER OF SUBSECTION I OF SECTION 2432 —Subsection i of section 2432 of title 10 United States Code is transferred to section 4356 of such title as added by subsection a inserted after subsection a as transferred and redesignated by subsection h 1 redesignated as subsection b and amended by striking ‘‘under this section’’ and inserting ‘‘under this chapter’’ j TRANSFER OF SUBSECTION G OF SECTION 2432 —Subsection g of section 2432 of title 10 United States Code is transferred to section 4357 of such title as added by subsection a inserted after the section heading and amended— 1 by striking the subsection designation and 2 by striking ‘‘of this section’’ and inserting ‘‘of this chapter’’ k TRANSFER OF SUBSECTION H OF SECTION 2432 — 1 TRANSFER —Subsection h of section 2432 of title 10 United States Code is transferred to section 4358 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and B by redesignating paragraphs 1 2 and 3 as subsections a b and c respectively 2 REVISIONS TO NEW 4358 A —Subsection a of such section 4358 as redesignated by paragraph 1 B is amended— A by striking ‘‘Total program reporting under this section’’ and inserting ‘‘IN GENERAL — ‘‘ 1 COMMENCEMENT OF TOTAL PROGRAM REPORTING —Total program reporting under this chapter’’ and B by designating the second sentence as paragraph 2 and in that paragraph— i by inserting ‘‘LIMITED REPORTS —’’ before ‘‘Reporting may be’’ ii by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection b ’’ iii by striking ‘‘under this subsection’’ and inserting ‘‘under this section’’ and H R 6395—877 iv by striking ‘‘under this section ’’ and inserting ‘‘under this chapter ’’ 3 REVISIONS TO NEW 4358 B —Subsection b of such section 4358 as redesignated by paragraph 1 B is amended— A by inserting ‘‘CONTENT OF LIMITED REPORTS —’’ before ‘‘A limited report’’ B by striking ‘‘under this subsection’’ and inserting ‘‘under this section’’ C by redesignating subparagraphs A through E as paragraphs 1 through 5 respectively and D in paragraph 1 as so redesignated by striking ‘‘section 2431’’ and inserting ‘‘section 4205’’ 4 REVISIONS TO NEW 4358 C —Subsection c of such section 4358 as redesignated by paragraph 1 B is amended— A by inserting ‘‘SUBMISSION OF LIMITED REPORTS — ’’ before ‘‘The submission requirements’’ and B by striking ‘‘under this subsection’’ and inserting ‘‘under this section’’ l CONFORMING AMENDMENTS —Section 2432 of title 10 United States Code is repealed m CONFORMING CROSS-REFERENCE AMENDMENTS —Sections 1734 c 2 and 8671 b 2 of title 10 United States Code are amended by striking ‘‘section 2432’’ and inserting ‘‘chapter 324’’ SEC 1850 COST GROWTH—UNIT COST REPORTS NUNN-MCCURDY a RESTATEMENT OF SECTIONS 2433 AND 2433A —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 is amended by inserting after chapter 324 as added by the preceding section the following new chapter ‘‘CHAPTER 325—COST GROWTH—UNIT COST REPORTS NUNN-MCCURDY ‘‘Sec ‘‘4371 Cost growth definitions applicability of reporting requirements constant base year dollars ‘‘4372 Unit cost reports quarterly report from program manager to service acquisition executive ‘‘4373 Unit cost reports immediate report from program manager to service acquisition executive upon breach of significant cost growth threshold ‘‘4374 Unit cost reports determinations by service acquisition executive and secretary concerned of breach of significant cost growth threshold or critical cost growth threshold reports to Congress ‘‘4375 Breach of significant cost growth threshold or critical cost growth threshold required action ‘‘4376 Breach of critical cost growth threshold reassessment of program presumption of program termination ‘‘4377 Breach of critical cost growth threshold actions if program not terminated H R 6395—878 ‘‘§ 4371 Cost growth definitions applicability of reporting requirements constant base year dollars ‘‘§ 4372 Unit cost reports quarterly report from program manager to service acquisition executive ‘‘§ 4373 Unit cost reports immediate report from program manager to service acquisition executive upon breach of significant cost growth threshold ‘‘§ 4374 Unit cost reports determinations by service acquisition executive and secretary concerned of breach of significant cost growth threshold or critical cost growth threshold reports to Congress ‘‘§ 4375 Breach of significant cost growth threshold or critical cost growth threshold required action ‘‘§ 4376 Breach of critical cost growth threshold reassessment of program presumption of program termination ‘‘§ 4377 Breach of critical cost growth threshold actions if program not terminated’’ b TRANSFER OF SUBSECTION A OF SECTION 2433 — 1 TRANSFER —Subsection a of section 2433 of title 10 United States Code is transferred to section 4371 of such title as added by subsection a inserted after the section heading and amended by striking ‘‘this section’’ in the matter preceding paragraph 1 and in paragraph 2 and inserting ‘‘this chapter’’ 2 INSERTION OF SIDE HEADINGS —Such subsection is further amended— A in the matter preceding paragraph 1 by inserting ‘‘DEFINITIONS —’’ after ‘‘ a ’’ B in paragraph 1 by inserting ‘‘PROGRAM ACQUISITION UNIT COST PROCUREMENT UNIT COST MAJOR CONTRACT —’’ after ‘‘ 1 ’’ C in paragraph 2 by inserting ‘‘BASELINE ESTIMATE —’’ after ‘‘ 2 ’’ D in paragraph 3 by inserting ‘‘PROCUREMENT PROGRAM —’’ after ‘‘ 3 ’’ E in paragraph 4 by inserting ‘‘SIGNIFICANT COST GROWTH THRESHOLD —’’ after ‘‘ 4 ’’ F in paragraph 5 by inserting ‘‘CRITICAL COST GROWTH THRESHOLD —’’ after ‘‘ 5 ’’ and G in paragraph 6 by inserting ‘‘ORIGINAL BASELINE ESTIMATE —’’ after ‘‘ 6 ’’ 3 CONFORMING CROSS-REFERENCE AMENDMENTS —Such subsection is further amended— A in paragraph 1 — i by striking ‘‘section 2430a d ’’ and inserting ‘‘section 4203 d ’’ and ii by striking ‘‘section 2432 a ’’ and inserting ‘‘section 4351’’ B in paragraph 2 by striking ‘‘section 2435’’ and inserting ‘‘section 4214’’ and C in paragraph 6 by striking ‘‘section 2435 d ’’ and inserting ‘‘section 4214 d ’’ H R 6395—879 4 REVISION OF ORDER OF PARAGRAPHS —Such subsection is further amended— A by redesignating paragraphs 2 3 4 5 and 6 as paragraphs 4 6 2 3 and 5 respectively and B by revising the order of those paragraphs within that section so they appear in the numeric order of their respective paragraph designations as redesignated by paragraph A c TRANSFER OF SUBSECTION H OF SECTION 2433 —Subsection h of section 2433 of title 10 United States Code is transferred to section 4371 of such title as added by subsection a inserted after subsection a as transferred and redesignated by subsection b 1 redesignated as subsection b and amended— 1 by striking ‘‘under this section’’ and inserting ‘‘under this chapter’’ and 2 by striking ‘‘section 2432 h ’’ and inserting ‘‘section 4358’’ d TRANSFER OF SUBSECTION F OF SECTION 2433 —Subsection f of section 2433 of title 10 United States Code is transferred to section 4371 of such title as added by subsection a inserted after subsection b as transferred and redesignated by subsection c redesignated as subsection c and amended— 1 by striking ‘‘under this section’’ and inserting ‘‘under this chapter’’ and 2 by striking ‘‘section 2430’’ and inserting ‘‘section 4202’’ e TRANSFER OF SUBSECTION B OF SECTION 2433 — 1 TRANSFER —Subsection b of section 2433 of title 10 United States Code is transferred to section 4372 of such title as added by subsection a inserted after the section heading and redesignated as subsection a 2 DESIGNATION OF NEW SUBSECTION B —Such section 4372 as redesignated by paragraph 1 is amended by designating the third sentence as subsection b and inserting ‘‘MATTER TO BE INCLUDED IN UNIT COST REPORTS —’’ therein before ‘‘The program manager shall’’ 3 DESIGNATION OF NEW PARAGRAPHS 1 AND 2 —Subsection a of such section as redesignated by paragraph 1 is amended— A by striking ‘‘The program manager for’’ and inserting ‘‘REQUIRED REPORTS — ‘‘ 1 REQUIREMENT —The program manager for’’ and B by designating the second sentence as paragraph 2 and inserting ‘‘TIME FOR SUBMITTAL —’’ before ‘‘Each report’’ 4 CONFORMING CROSS-REFERENCE AMENDMENTS —Such section is further amended— A in paragraph 1 of subsection a as designated by paragraph 3 A by striking ‘‘section 2432 b 3 ’’ and inserting ‘‘section 4352 c ’’ and B in paragraph 4 of subsection b as designated by paragraph 2 by striking ‘‘section 2435’’ and inserting ‘‘section 4214’’ f TRANSFER OF SUBSECTION C OF SECTION 2433 —Subsection c of section 2433 of title 10 United States Code is transferred to section 4373 of such title as added by subsection a inserted after the section heading and amended— H R 6395—880 1 by striking the subsection designation and 2 by striking ‘‘subsection b ’’ both places it appears and inserting ‘‘section 4372 of this title’’ g TRANSFER OF SUBSECTION D OF SECTION 2433 — 1 TRANSFER —Subsection d of section 2433 of title 10 United States Code is transferred to section 4374 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and B by redesignating paragraphs 1 2 and 3 as subsections a b and c respectively 2 REVISION TO NEW 4374 A —Subsection a of such section as so redesignated is amended— A by inserting ‘‘DETERMINATION OF BREACH BY SERVICE ACQUISITION EXECUTIVE —’’ before ‘‘When a’’ and B by striking ‘‘under this section’’ and inserting ‘‘under this chapter’’ 3 REVISION TO NEW 4374 B —Subsection b of such section as so redesignated is amended— A by inserting ‘‘ADDITIONAL DETERMINATION BY SERVICE ACQUISITION EXECUTIVE WHEN PROGRAM OR SUBPROGRAM IS A PROCUREMENT PROGRAM —’’ before ‘‘When a’’ B by striking ‘‘under this section’’ and inserting ‘‘under this chapter’’ and C by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ 4 REVISION TO NEW 4374 C —Subsection c of such section as so redesignated is amended— A by striking ‘‘If based upon’’ and inserting ‘‘DETERMINATION OF BREACH BY SECRETARY CONCERNED NOTIFICATION TO CONGRESS — ‘‘ 1 IN GENERAL —If based upon’’ B by designating the second sentence as paragraph 2 and the fourth sentence as paragraph 3 C in paragraph 2 as so designated— i by inserting ‘‘TIME FOR SUBMISSION OF NOTIFICATION TO CONGRESS —’’ before ‘‘In the case of’’ the first place it appears ii by striking ‘‘subsection b ’’ and inserting ‘‘section 4372 of this title’’ and iii by striking ‘‘subsection c ’’ and inserting ‘‘section 4373 of this title’’ and D in paragraph 3 as so designated by inserting ‘‘INCLUSION OF DATE OF DETERMINATION —’’ before ‘‘The Secretary shall’’ h TRANSFER OF SUBSECTION E OF SECTION 2433 — 1 TRANSFER —Subsection e of section 2433 of title 10 United States Code is transferred to section 4375 of such title as added by subsection a inserted after the section heading and amended— A by striking the subsection designation and B by redesignating paragraphs 1 2 and 3 as subsections a b and c respectively 2 REVISION TO NEW 4375 A —Subsection a of such section as so redesignated is amended— H R 6395—881 A by striking ‘‘ A Except as provided in subparagraph B ’’ and inserting ‘‘BREACH OF SIGNIFICANT COST GROWTH THRESHOLD SUBMISSION OF A SELECTED ACQUISITION REPORT — ‘‘ 1 GENERAL RULE —Except as provided in paragraph 2 ’’ B by redesignating subparagraph B as paragraph 2 C in paragraph 1 as so designated— i by striking ‘‘under subsection d ’’ and inserting ‘‘under section 4374 of this title’’ and ii by striking ‘‘section 2432 e ’’ and ‘‘section 2432 f ’’ and inserting ‘‘section 4355’’ and ‘‘section 4356’’ respectively and D in paragraph 2 as so designated— i by striking ‘‘subparagraph A ’’ both places it appears and inserting ‘‘paragraph 1 ’’ and ii by striking ‘‘subsection g ’’ and inserting ‘‘subsection d ’’ 3 REVISION TO NEW 4375 B —Subsection b of such section as so redesignated is amended— A by inserting ‘‘BREACH OF CRITICAL COST GROWTH THRESHOLD —’’ before ‘‘If the program’’ B by striking ‘‘subsection d ’’ and inserting ‘‘section 4374 of this title’’ and C by striking ‘‘section 2433a’’ and inserting ‘‘sections 4376 and 4377’’ 4 REVISION TO NEW 4375 C —Subsection c of such section as so redesignated is amended— A by striking ‘‘If a determination’’ and inserting ‘‘PROHIBITION ON OBLIGATION OF FUNDS FOR CERTAIN PURPOSES WHEN REQUIRED ACTION NOT TAKEN — ‘‘ 1 PROHIBITION —If a determination’’ B by designating the second sentence as paragraph 2 C in paragraph 1 as so designated— i by striking ‘‘subsection d ’’ both places it appears and inserting ‘‘section 4374 of this title’’ ii by striking ‘‘subsection g ’’ and inserting ‘‘subsection d ’’ iii by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ and iv by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection b ’’ and D in paragraph 2 as so designated— i by striking ‘‘The prohibition’’ and inserting ‘‘TERMINATION OF PROHIBITION —The prohibition under paragraph 1 ’’ ii in subparagraph A — I by striking ‘‘paragraph 1 or 2 B ’’ and inserting ‘‘subsection a or b 2 ’’ and II by striking ‘‘subsection d ’’ and inserting ‘‘section 4374 of this title’’ and iii in subparagraph B — I by striking ‘‘paragraph 1 or 2 B ’’ and inserting ‘‘subsection a or b 2 ’’ II by striking ‘‘paragraph 2 A ’’ and inserting ‘‘subsection b 1 ’’ and H R 6395—882 III by striking ‘‘subsection d ’’ and inserting ‘‘section 4374 of this title’’ i TRANSFER OF SUBSECTION G OF SECTION 2433 — 1 TRANSFER —Subsection g of section 2433 of title 10 United States Code is transferred to section 4375 of such title as added by subsection a inserted after subsection c as transferred and amended by subsection h and amended— A by striking the subsection designation and B by redesignating paragraphs 1 and 2 as subsections d and e respectively 2 REVISION TO NEW 4375 D —Subsection d of such section 4375 as so redesignated is amended— A by striking ‘‘Except as provided in paragraph 2 each report under subsection e ’’ and inserting ‘‘MATTER TO BE INCLUDED IN REPORTS —Except as provided in subsection e each report under this section’’ B by redesignating subparagraphs A through Q as paragraphs 1 through 17 respectively C in paragraph 9 as so redesignated by striking ‘‘section 2435’’ and inserting ‘‘section 4214’’ and D in paragraph 16 as so redesignated by redesignating clauses i through vi as subparagraphs A through F respectively 3 REVISION TO NEW 4375 E —Subsection e of such section 4375 as so redesignated is amended— A by striking ‘‘If a program acquisition unit cost’’ and inserting ‘‘BREACH DUE TO TERMINATION OR CANCELLATION OF PROGRAM OR SUBPROGRAM — ‘‘ 1 LIMITED REPORTING —If a program acquisition unit cost’’ B by striking ‘‘clauses A through F of paragraph 1 ’’ and inserting ‘‘paragraphs 1 through 6 of subsection d ’’ C by designating the second sentence as paragraph 2 and D in paragraph 2 as so designated— i by inserting ‘‘CERTIFICATION NOT REQUIRED — ’’ before ‘‘The certification’’ and ii by striking ‘‘subsection e ’’ and inserting ‘‘subsection b ’’ j TRANSFER OF SUBSECTION A B AND D OF SECTION 2433A — 1 TRANSFER OF SUBSECTIONS A AND B —Subsection a and b of section 2433a of title 10 United States Code are transferred to section 4376 of such title as added by subsection a and inserted after the section heading 2 TRANSFER AND REDESIGNATION OF SUBSECTION D — Subsection d of section 2433a of such title is transferred to such section 4376 inserted after subsection b as transferred by paragraph 1 and redesignated as subsection c 3 CONFORMING CROSS-REFERENCE AMENDMENTS —Such section 4376 is amended— A in subsection a by striking ‘‘section 2433 d ’’ and inserting ‘‘section 4374’’ and B in subsection b 1 — i by striking ‘‘section 2433 g ’’ and inserting ‘‘section 4375 d and e ’’ and H R 6395—883 ii by striking ‘‘section 2432 f ’’ and inserting ‘‘section 4356 a ’’ 4 HEADINGS AND FORMAT IN SUBSECTION B —Subsection b of such section 4376 is amended— A by striking ‘‘TERMINATION — 1 After conducting’’ and inserting ‘‘TERMINATION — ‘‘ 1 TERMINATION UNLESS SECRETARY SUBMITS CERTIFICATION AND REPORT —After conducting’’ B by realigning paragraphs 2 and 3 2 ems from the left margin C in paragraph 2 by inserting ‘‘CERTIFICATION — ’’ after ‘‘ 2 ’’ and D in paragraph 3 by inserting ‘‘REPORT —’’ after ‘‘ 3 ’’ k TRANSFER OF SUBSECTION C OF SECTION 2433A — 1 TRANSFER —Subsection c of section 2433a of title 10 United States Code is transferred to section 4377 of such title as added by subsection a inserted after the section heading and redesignated as subsection a 2 REDESIGNATIONS —Paragraphs 2 and 3 of such section 4377 are redesignated as subsections b and c respectively 3 REVISION TO NEW SECTION 4377 A —Subsection a of such section as redesignated by paragraph 1 is amended— A by striking ‘‘ 1 ’’ before ‘‘If the Secretary’’ B by inserting ‘‘of section 4376 of this title’’ after ‘‘subsection b ’’ C by redesignating subparagraphs A B C D and E as paragraphs 1 2 3 4 and 5 respectively D in paragraph 1 as so redesignated by inserting ‘‘of that section’’ after ‘‘subsection a ’’ and after ‘‘subsection b 2 E ’’ E in paragraph 2 as so redesignated by striking ‘‘section 2366a or 2366b’’ and inserting ‘‘section 4251 or 4252’’ and F in paragraph 4 as so redesignated by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection b ’’ 4 REVISION TO NEW SECTION 4377 B —Subsection b of such section as redesignated by paragraph 2 is amended— A by inserting ‘‘IDENTIFICATION OF REPORT FOR DESCRIPTION OF FUNDING CHANGES —’’ before ‘‘For purposes of’’ B by striking ‘‘paragraph 1 D ’’ and inserting ‘‘subsection a 4 ’’ C by striking ‘‘in this paragraph’’ and inserting ‘‘in this subsection’’ and D by striking ‘‘section 2432’’ and inserting ‘‘section 4352’’ 5 REDESIGNATIONS AND HEADINGS IN NEW SECTION 4377 C —Subsection c of such section as redesignated by paragraph 2 is amended— A by striking ‘‘ A The requirements of subparagraphs B C and E of paragraph 1 ’’ and inserting ‘‘INAPPLICABILITY OF CERTAIN SUBSECTION A REQUIREMENTS — ‘‘ 1 CONDITIONS FOR INAPPLICABILITY —The requirements of paragraphs 2 3 and 5 of subsection a ’’ and H R 6395—884 B by redesignating subparagraph B as paragraph 2 and inserting ‘‘COST GROWTH THRESHOLDS —’’ therein before ‘‘The cost growth thresholds’’ 6 REVISIONS TO NEW 4377 C 1 —Paragraph 1 of such section 4377 c as so designated is amended— A by redesignating clauses i ii and iii as subparagraphs A B and C respectively B by redesignating subclauses I and II of each of subparagraphs A and C as clauses i and ii respectively C in subparagraph A as so redesignated— i in the matter preceding clause i as so redesignated by striking ‘‘pursuant to subsection a ’’ and inserting ‘‘pursuant to section 4376 a of this title’’ ii in clause i as so redesignated by striking ‘‘subparagraph B ’’ and inserting ‘‘paragraph 2 ’’ and iii in clause ii as so redesignated by striking ‘‘subclause I ’’ and inserting ‘‘clause i ’’ and D in subparagraph C as so redesignated— i in the matter preceding clause i as so redesignated— I by striking ‘‘section 2433 g ’’ and inserting ‘‘subsections d and e of section 4375’’ and II by striking ‘‘section 2432 f ’’ and inserting ‘‘section 4356’’ ii in clause i as so redesignated by striking ‘‘clause i ’’ and inserting ‘‘subparagraph A ’’ and iii in clause ii as so redesignated by striking ‘‘clause ii ’’ and inserting ‘‘subparagraph B ’’ 7 REVISIONS TO NEW 4377 C 2 —Paragraph 2 of such section 4377 c as so designated is amended— A in the matter preceding clause i by striking ‘‘this subparagraph’’ and inserting ‘‘this paragraph’’ B by redesignating clauses i and ii as subparagraphs A and B respectively and C by redesignating subclauses I and II of each of subparagraphs A and B as clauses i and ii respectively l CONFORMING REPEALS —Sections 2433 and 2433a of title 10 United States Code are repealed m CROSS REFERENCE —Section 181 b 6 of title 10 United States Code is amended by striking ‘‘2433 e 2 ’’ and inserting ‘‘4375 b ’’ SEC 1851 WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by inserting after chapter 325 as added by the preceding section the following new chapter ‘‘CHAPTER 327—WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS ‘‘Subchapter ‘‘I Modular Open System Approach in Development of Weapon Systems ‘‘II Development Prototyping and Deployment of Weapon System Components or Technology Sec 4401 4421 H R 6395—885 ‘‘SUBCHAPTER I—MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT OF WEAPON SYSTEMS ‘‘Sec ‘‘4401 Requirement for modular open system approach in major defense acquisition programs definitions ‘‘4402 Requirement to address modular open system approach in program capabilities development and acquisition weapon system design ‘‘4403 Requirements relating to availability of major system interfaces and support for modular open system approach ‘‘SUBCHAPTER II—DEVELOPMENT PROTOTYPING AND DEPLOYMENT OF WEAPON SYSTEM COMPONENTS OR TECHNOLOGY ‘‘Sec ‘‘4421 Weapon system component or technology prototype projects display of budget information ‘‘4422 Weapon system component or technology prototype projects oversight ‘‘4423 Requirements and limitations for weapon system component or technology prototype projects ‘‘4424 Mechanisms to speed deployment of successful weapon system component or technology prototypes ‘‘4425 Definition of weapon system component ’’ b TRANSFER OF SECTIONS OF SUBCHAPTER I OF CHAPTER 144B — 1 TRANSFER —Sections 2446a 2446b and 2446c of chapter 144B of title 10 United States Code are transferred to chapter 327 as added by subsection a inserted in that order after the table of sections at the beginning of subchapter I and redesignated as sections 4401 4402 and 4403 respectively 2 CONFORMING CROSS-REFERENCE AMENDMENTS TO SECTION 4401 —Section 4401 of title 10 United States Code as so transferred and redesignated is amended— A in subsection b 1 D by striking ‘‘section 2320’’ and inserting ‘‘sections 3771 through 3775’’ B in subsection b 6 by striking ‘‘section 2448a a ’’ and inserting ‘‘section 4271 a ’’ C in subsection b 7 by striking ‘‘section 2430’’ and inserting ‘‘section 4201’’ and D in subsection b 8 by striking ‘‘section 2379 f ’’ and inserting ‘‘section 3455 f ’’ 3 CONFORMING CROSS-REFERENCE AMENDMENTS TO SECTION 4402 —Section 4402 of such title as so transferred and redesignated is amended— A in subsection c by striking ‘‘section 2431a’’ and inserting ‘‘section 4211’’ and B in subsection e by striking ‘‘section 2366b’’ and inserting ‘‘section 4252’’ c TRANSFER OF SECTIONS OF SUBCHAPTER II OF CHAPTER 144B — 1 TRANSFER —Sections 2447a 2447b 2447c 2447d and 2447e of chapter 144B of title 10 United States Code are transferred to chapter 327 as added by subsection a inserted in that order after the table of sections at the beginning of subchapter II and redesignated as sections 4421 4422 4423 4424 and 4425 respectively 2 CONFORMING CROSS-REFERENCE AMENDMENTS TO SECTION 4422 —Section 4422 of such title as so transferred and H R 6395—886 redesignated is amended by striking ‘‘section 2447c’’ in subsection c 3 and inserting ‘‘section 4423’’ 3 CONFORMING CROSS-REFERENCE AMENDMENTS TO SECTION 4423 —Section 4423 of such title as so transferred and redesignated is amended— A in subsection b by striking ‘‘section 2447b’’ and inserting ‘‘section 4422’’ and B in subsection e by striking ‘‘section 2371b’’ and inserting ‘‘section 4003’’ 4 CONFORMING CROSS-REFERENCE AMENDMENTS TO SECTION 4424 —Section 4424 of such title as so transferred and redesignated is amended by striking ‘‘section 2304’’ in subsection a and inserting ‘‘sections 3201 through 3205’’ 5 CONFORMING CROSS-REFERENCE AMENDMENTS TO SECTION 4425 —Section 4425 of such title as so transferred and redesignated is amended by striking ‘‘section 2446a’’ and inserting ‘‘section 4401’’ d CONFORMING AMENDMENTS — 1 REPEAL OF CHAPTER 144B —Chapter 144B of title 10 United States Code is repealed 2 CLERICAL AMENDMENTS —The tables of chapters at the beginning of subtitle A and at the beginning of part IV of subtitle A of title 10 United States Code are amended by striking the item relating to chapter 144B Subtitle G—Other Special Categories of Contracting SEC 1856 ACQUISITION OF SERVICES GENERALLY a TABLES OF CHAPTERS AMENDMENTS —The tables of chapters at the beginning of subtitle A and at the beginning of part V of subtitle A as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 of title 10 United States Code are amended by striking the items relating to chapters 341 and 343 and inserting the following ‘‘341 Acquisition of Services Generally 4501 ‘‘343 Acquisition of Services of Contractors Performing Private Security Functions 4541’’ b NEW CHAPTER 341 —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapters 341 and 343 and inserting the following ‘‘CHAPTER 341—ACQUISITION OF SERVICES GENERALLY ‘‘Sec ‘‘4501 Procurement of contract services management structure ‘‘4502 Procurement of contract services senior officials responsible for management of acquisition of contract services ‘‘4503 øReserved¿ ‘‘4504 øReserved¿ ‘‘4505 Procurement of services tracking of purchases ‘‘4506 Procurement of services data analysis and requirements validation ‘‘4507 Procurement of services contracts for professional and technical services ‘‘4508 Contractor performance of acquisition functions closely associated with inherently governmental functions ‘‘4509 Contracts for advisory and assistance services cost comparison studies ’’ H R 6395—887 c TRANSFER OF SECTION 2330 OF TITLE 10 —Section 2330 of title 10 United States Code is transferred to chapter 341 of such title as amended by subsection b inserted after the table of sections and redesignated as section 4501 d DESIGNATION OF NEW SECTION 4502 —Such chapter is further amended by inserting after paragraph 1 of subsection a of section 4501 as transferred and redesignated by subsection c the following ‘‘§ 4502 Procurement of contract services senior officials responsible for management of acquisition of contract services ‘‘ a SENIOR OFFICIALS —The management structure implemented pursuant to section 4501 of this title shall provide for the following ’’ e REVISION TO REMAINING TEXT OF SECTION 4501 —Such section 4501 is amended— 1 by striking ‘‘for the following ’’ and inserting ‘‘for the matters specified in subsections b c d and e ’’ 2 by redesignating paragraph 1 as subsection b and subparagraphs B C and D as subsections c d and e respectively 3 in subsection b as so redesignated— A by realigning the margin of the subsection 2 ems to the left B by striking ‘‘The Under’’ and all that follows through ‘‘develop and maintain’’ and inserting ‘‘POLICIES PROCEDURES AND BEST PRACTICES GUIDELINES —The management structure implemented pursuant to subsection a shall provide that the Under Secretary of Defense for Acquisition and Sustainment shall develop and maintain’’ C by redesignating clauses i through vi as paragraphs 1 through 6 respectively and realigning the margin of those paragraphs 2 ems to the left and D by striking the semicolon at the end of such paragraph 6 as so redesignated and inserting a period 4 in subsection c as redesignated by paragraph 2 — A by realigning the margin of the subsection 4 ems to the left B by striking ‘‘work with’’ and inserting ‘‘PERSONNEL AND SUPPORT —The management structure implemented pursuant to subsection a shall provide that the Under Secretary shall work with’’ C by redesignating clauses i through iii as paragraphs 1 through 3 respectively D by inserting ‘‘and section 4502 of this title’’ in paragraph 3 as so redesignated after ‘‘under this section’’ and E by striking the semicolon at the end and inserting a period 5 in subsection d as redesignated by paragraph 2 — A by realigning the margin of the subsection 4 ems to the left B by striking ‘‘establish contract’’ and inserting ‘‘CONTRACT SERVICES ACQUISITION CATEGORIES —The management structure implemented pursuant to subsection a H R 6395—888 shall provide that the Under Secretary shall establish contract’’ and C by striking ‘‘ and’’ at the end and inserting a period 6 in subsection e as redesignated by paragraph 2 — A by realigning the margin of the subsection 4 ems to the left B by striking ‘‘oversee the’’ and inserting ‘‘OVERSIGHT OF IMPLEMENTATION —The management structure implemented pursuant to subsection a shall provide that the Under Secretary shall oversee the’’ C by inserting ‘‘and section 4502 of this title’’ after ‘‘of this section’’ and D by striking ‘‘subparagraph A ’’and inserting ‘‘subsection b ’’ and 7 by adding at the end the following new subsection ‘‘ f CONTRACT SERVICES —In this section the term ‘contract services’ has the meaning given that term in section 4502 d 2 of this title ’’ f REVISION TO SECTION 4502 —Section 4502 of such title as designated by subsection d is amended— 1 by redesignating paragraphs 2 and 3 of subsection a as paragraphs 1 and 2 respectively 2 in subsection b — A in paragraph 1 by striking ‘‘subsection a 1 C ’’ and inserting ‘‘section 4501 d of this title’’ and B in paragraph 2 by striking ‘‘subsection a 1 ’’ and inserting ‘‘section 4501 of this title’’ 3 by redesignating subsection c as subsection d 4 by redesignating paragraph 3 of subsection b as subsection c and redesignating subparagraphs A through F thereof as paragraphs 1 through 6 respectively and 5 in subsection c as so redesignated— A in the matter preceding paragraph 1 by striking ‘‘In carrying out paragraph 1 ’’ and inserting ‘‘DUTIES AND RESPONSIBILITIES —In carrying out subsection b 1 ’’ B in paragraph 1 as so redesignated— i by inserting ‘‘and section 4501 of this title’’ after ‘‘of this section’’ and ii by striking ‘‘subsection a 1 A ’’ and inserting ‘‘section 4501 b of this title’’ and C in paragraph 6 as so redesignated by striking ‘‘section 2330a’’ and inserting ‘‘section 4505’’ g TRANSFER OF SECTIONS 2330A 2329 2331 2383 AND 2410L OF TITLE 10 —Sections 2330a 2329 2331 2383 and 2410l of title 10 United States Code are transferred to chapter 341 of such title inserted in that order after section 4502 as designated by subsection c and redesignated as sections 4505 4506 4507 4508 and 4509 respectively h CONFORMING CROSS-REFERENCE AMENDMENT —Subsection h 3 of section 4505 of title 10 United States Code as transferred and redesignated by subsection d is amended by striking ‘‘section 2383 b 2 ’’ and inserting ‘‘section 4508 b 2 ’’ i CONFORMING AMENDMENT FOR DEFINED TERM APPLICABLE TO SECTION —Subsection b 1 of section 4508 of title 10 United States Code as transferred and redesignated by subsection g H R 6395—889 is amended by striking ‘‘has the meaning given in section 2302 1 of this title except that such term’’ j PLACEHOLDER FOR CHAPTER FOR PROVISIONS RELATING TO ACQUISITION OF SERVICES OF CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by inserting after chapter 341 as added by this section the following new chapter ‘‘CHAPTER 343—ACQUISITION OF SERVICES OF CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS ‘‘Subchapter ‘‘I Contractors Performing Private Security Functions in Areas of Combat Operations or Other Significant Military Operations ‘‘II Standards and Certification for Private Security Sec 4541 4551 ‘‘SUBCHAPTER I—CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS IN AREAS OF COMBAT OPERATIONS OR OTHER SIGNIFICANT MILITARY OPERATIONS ‘‘Sec ‘‘4541 øReserved¿ ‘‘SUBCHAPTER II—STANDARDS AND CERTIFICATION FOR PRIVATE SECURITY CONTRACTORS ‘‘Sec ‘‘4551 øReserved¿ ’’ SEC 1857 ACQUISITION OF INFORMATION TECHNOLOGY a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 345 and inserting the following ‘‘CHAPTER 345—ACQUISITION OF INFORMATION TECHNOLOGY ‘‘Sec ‘‘4571 ‘‘4572 ‘‘4573 ‘‘4574 ‘‘4575 ‘‘4576 Information technology acquisition planning and oversight processes øReserved¿ øReserved¿ øReserved¿ øReserved¿ Requirement for consideration of certain matters during acquisition of noncommercial computer software ’’ b TRANSFER OF SECTION 2223A — 1 Section 2223a of title 10 United States Code is transferred to chapter 345 of such title as amended by subsection a inserted after the table of sections and redesignated as section 4571 2 The heading of such section is amended to read as follows ‘‘§ 4571 Information technology acquisition planning and oversight processes’’ c TRANSFER OF SECTION 2322A —Section 2322a of title 10 United States Code is transferred to chapter 345 of such title H R 6395—890 as amended by subsection a inserted after section 4571 as added by subsection b and redesignated as section 4576 Subtitle H—Contract Management SEC 1861 CONTRACT ADMINISTRATION a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 361 and inserting the following ‘‘CHAPTER 361—CONTRACT ADMINISTRATION ‘‘Sec ‘‘4601 Electronic submission and processing of claims for contract payments ‘‘4602 Contracted property and services prompt payment of vouchers ‘‘4603 Advance notification of contract performance outside the United States ’’ b TRANSFER OF TITLE 10 SECTIONS —Sections 2227 2226 and 2410g of title 10 United States Code are transferred to chapter 361 of such title as amended by subsection a inserted in that order after the table of sections at the beginning of such chapter and redesignated as section 4601 4602 and 4603 respectively SEC 1862 PROHIBITIONS AND PENALTIES a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 363 and inserting the following ‘‘CHAPTER 363—PROHIBITION AND PENALTIES ‘‘Sec ‘‘4651 Expenditure of appropriations limitation ‘‘4652 Prohibition on use of funds for documenting economic or employment impact of certain acquisition programs ‘‘4653 Prohibition on use of funds to relieve economic dislocations ‘‘4654 Prohibition on doing business with certain offerors or contractors ‘‘4655 Prohibition of contractors limiting subcontractor sales directly to the United States ‘‘4656 Prohibition on persons convicted of defense-contract related felonies and related criminal penalty on defense contractors ‘‘4657 Prohibition on criminal history inquiries by contractors prior to conditional offer ‘‘4658 Debarment of persons convicted of fraudulent use of ‘Made in America’ labels ‘‘4659 Prohibition on contracting with entities that comply with the secondary Arab boycott of Israel ‘‘4660 Prohibition on collection of political information ’’ b TRANSFER AND REDESIGNATION OF TITLE 10 SECTIONS — The sections of title 10 United States Code specified in the lefthand column of the following table are transferred to chapter 363 of such title as amended by subsection a inserted in the order shown in the following table after the table of sections at the beginning of such chapter and redesignated in accordance with the section numbers in the right-hand column as follows Section Redesignated Section 2207 4651 H R 6395—891 Section Redesignated Section 2249 2392 2393 2402 2408 2339 2410f 2410i 2335 4652 4653 4654 4655 4656 4657 4658 4659 4660 c CONFORMING CROSS-REFERENCE AMENDMENTS — 1 Section 2343 of title 10 United States Code is amended by striking ‘‘Sections 2207 ’’ and inserting ‘‘Sections 4651 ’’ 2 Subsection b of section 4657 of title 10 United States Code as transferred and redesignated by subsection b is amended by striking ‘‘section 2393 c ’’ and inserting ‘‘section 4654 c ’’ 3 Section 1123 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1614 is amended— A in subsection b 2 by striking ‘‘Section 2339 a ’’ and inserting ‘‘Section 4657 a ’’ and B in subsection c 1 by striking ‘‘section 2339’’ and inserting ‘‘section 4657’’ SEC 1863 CONTRACTOR WORKFORCE a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 365 and inserting the following ‘‘CHAPTER 365—CONTRACTOR WORKFORCE ‘‘Sec ‘‘4701 Contractor employees protection from reprisal for disclosure of certain information ‘‘4702 Incentives and consideration for qualified training programs ‘‘4703 Displaced contractor employees assistance to obtain certification and employment as teachers or employment as teachers’ aides ‘‘4704 Defense contractors listing of suitable employment openings with local employment service office ’’ b TRANSFER OF TITLE 10 SECTIONS —Sections 2409 2409a 2410j and 2410k of title 10 United States Code are transferred to chapter 365 of such title as amended by subsection a inserted in that order after the table of sections and redesignated as sections 4701 4702 4703 and 4704 respectively c CONFORMING AMENDMENTS TO NEW 4701 —Subsection g of section 4701 of title 10 United States Code as transferred and redesignated by subsection b is amended— 1 by striking ‘‘section 2303’’ in paragraph 1 and inserting ‘‘section 3063’’ and 2 by striking paragraph 2 H R 6395—892 SEC 1864 OTHER ADMINISTRATIVE MATTERS a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 367 and inserting the following ‘‘CHAPTER 367—OTHER ADMINISTRATIVE MATTERS ‘‘Sec ‘‘4751 ‘‘4752 ‘‘4753 ‘‘4754 Determinations and decisions Remission of liquidated damages Supplies identification of supplier and sources Management of purchase cards ’’ b TRANSFER OF TITLE 10 SECTIONS —Sections 2310 2312 2384 and 2784 of title 10 United States Code are transferred to chapter 367 of such title as amended by subsection a inserted in that order after the table of sections and redesignated as sections 4751 4752 4753 and 4754 respectively c CONFORMING AMENDMENTS TO NEW SECTION 4751 —Section 4751 of title 10 United States Code as transferred and redesignated by subsection b is amended— 1 in subsection a by striking ‘‘made under this chapter’’ and inserting ‘‘made under any chapter 137 legacy provision’’ and 2 in subsection b by striking ‘‘section 2306 g 1 2307 d or 2313 c 2 B ’’ and inserting ‘‘section 3531 a 3803 or 3841 c 2 B ’’ Subtitle I—Defense Industrial Base SEC 1866 DEFENSE INDUSTRIAL BASE GENERALLY a TABLES OF CHAPTERS AMENDMENTS —The tables of chapters at the beginning of subtitle A and at the beginning of part V of subtitle A as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 of title 10 United States Code are amended by striking the item relating to chapter 381 and inserting the following ‘‘381 ‘‘382 ‘‘383 ‘‘384 ‘‘385 Defense Industrial Base Generally 4801 Policies and Planning 4811 Development Application Support of Dual-Use Technologies 4831 Manufacturing Technology 4841 Other Technology Base Policies and Programs 4851’’ b NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by striking chapter 381 and inserting the following ‘‘CHAPTER 381—DEFENSE INDUSTRIAL BASE GENERALLY ‘‘Sec ‘‘4801 Definitions ’’ c TRANSFER OF DEFINITIONS SECTION —Section 2500 of such title is transferred to chapter 381 of such title as amended by subsection b inserted after the table of sections at the beginning redesignated as section 4801 and amended— H R 6395—893 1 in the matter preceding paragraph 1 by striking ‘‘In this chapter’’ and inserting ‘‘In this subpart’’ 2 in paragraph 8 by striking ‘‘section 2505’’ and ‘‘section 2501 a ’’ and inserting ‘‘section 4816’’ and ‘‘section 4811 a ’’ respectively and 3 by adding at the end the following new paragraph ‘‘ 16 The term ‘chapter 148 legacy provision’ means any of the following provisions of this subpart sections 4801 4811– 4819 4831–4834 4841–4843 4851 4852 4861–4864 4871 4872 4881–4884 4891 and 4892 and chapter 389 ’’ d CONFORMING CROSS-REFERENCE AMENDMENTS — 1 Section 843 c of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 10 U S C 2302 note is amended— A in paragraph 4 by striking ‘‘section 2302 9 ’’ and inserting ‘‘section 3021’’ and B in paragraph 5 by striking ‘‘section 2500 5 ’’ and inserting ‘‘section 4801 5 ’’ 2 Section 2474 a 2 of title 10 United States Code is amended by striking ‘‘section 2500 1 ’’ and inserting ‘‘section 4801 1 ’’ 3 Section 881 of the National Defense Authorization Act for Fiscal Year 2017 Public Law 114–328 10 U S C 2501 note is amended— A in subsection a — i in the matter preceding paragraph 1 by striking ‘‘section 2500’’ and inserting ‘‘section 4801’’ and ii in paragraph 4 by striking ‘‘section 2501 b ’’ and inserting ‘‘section 4811 b ’’ and B in subsection c by striking ‘‘section 2504’’ and inserting ‘‘section 4814’’ 4 The National Defense Authorization Act for Fiscal Year 2004 Public Law 108–136 10 U S C 2501 note is amended— A in section 812— i in subsection a 1 B by striking ‘‘section 2501’’ and inserting ‘‘section 4811’’ and ii in subsection b 3 by striking ‘‘section 2507’’ and inserting ‘‘section 4817’’ and B in section 814 c by striking ‘‘section 2534’’ and inserting ‘‘section 4864’’ 5 Section 1712 c 2 of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 10 U S C 2536 note is amended by striking ‘‘section 2500’’ and inserting ‘‘section 4801’’ SEC 1867 POLICIES AND PLANNING a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by adding after chapter 381 as amended by the preceding section the following new chapter ‘‘CHAPTER 382—POLICIES AND PLANNING ‘‘Sec ‘‘4811 National security strategy for national technology and industrial base ‘‘4812 National Defense Technology and Industrial Base Council H R 6395—894 ‘‘4813 National defense program for analysis of the technology and industrial base ‘‘4814 Annual report to Congress ‘‘4815 Unfunded priorities of the national technology and industrial base annual report ‘‘4816 National technology and industrial base periodic defense capability assessments ‘‘4817 Industrial Base Fund ‘‘4818 Data collection authority of President ‘‘4819 Modernization of acquisition processes to ensure integrity of industrial base ’’ b TRANSFER AND REDESIGNATION OF TITLE 10 SECTIONS — The sections of title 10 United States Code specified in the lefthand column of the following table are transferred to chapter 382 of such title as added by subsection a inserted in the order shown in the following table after the table of sections at the beginning of such chapter and redesignated in accordance with the section numbers in the right-hand column as follows Section Redesignated Section 2501 2502 2503 2504 2504a 2505 2508 2507 2509 4811 4812 4813 4814 4815 4816 4817 4818 4819 c SECTION 2506 — 1 INSERTION OF TEXT OF SECTION 2506 AT END OF SECTION 4811 — A Section 4811 of such title as transferred and redesignated by subsection b is amended by adding at the end the following new subsection ‘‘ c DEPARTMENT OF DEFENSE TECHNOLOGY AND INDUSTRIAL BASE POLICY GUIDANCE —’’ B Subsections a and b of section 2506 of such title are transferred to the end of subsection c of such section 4811 as added by subparagraph A redesignated as paragraphs 1 and 2 respectively indented 2 ems from the left margin and amended— i in paragraph 1 as so redesignated by striking ‘‘section 2501 a of this title’’ and inserting ‘‘subsection a ’’ and ii in paragraph 2 as so redesignated by striking ‘‘subsection a ’’ and inserting ‘‘paragraph 1 ’’ 2 CONFORMING REPEAL —Section 2506 of such title is repealed d CONFORMING CROSS-REFERENCE AMENDMENTS —Sections of chapter 382 of such title as transferred and redesignated by subsection b are amended as follows 1 Section 4812 is amended by striking ‘‘section 2501 a ’’ in subsection c 1 and inserting ‘‘section 4811 a ’’ 2 Section 4813 is amended by striking ‘‘section 2505’’ in subsection c 3 A and inserting ‘‘section 4816’’ 3 Section 4814 is amended— H R 6395—895 A in paragraph 1 by striking ‘‘section 2506’’ and inserting ‘‘section 4811 c ’’ B in paragraph 2 by striking ‘‘section 2505’’ and inserting ‘‘section 4816’’ and C in paragraph 3 by striking ‘‘section 2501’’ and ‘‘section 2505’’ and inserting ‘‘section 4811’’ and ‘‘section 4816’’ respectively 4 Section 4816 is amended by striking ‘‘section 2501 a ’’ in subsection a and inserting ‘‘section 4811 a ’’ 5 Section 4818 is amended in subsection a — A by striking ‘‘of this chapter’’ and inserting ‘‘of the chapter 148 legacy provisions’’ and B by striking ‘‘under this chapter’’ and inserting ‘‘under those provisions’’ 6 Section 4819 f 1 A is amended by striking ‘‘section 2339a e ’’ and inserting ‘‘section 3252 c ’’ e CONFORMING CROSS-REFERENCE AMENDMENTS — 1 Section 2198 c of title 10 United States Code is amended by striking ‘‘section 2505’’ and ‘‘section 2501 a ’’ and inserting ‘‘section 4816’’ and ‘‘section 4811 a ’’ respectively 2 Section 2709 a of such title is amended by striking ‘‘section 2501’’ and inserting ‘‘section 4811’’ 3 Section 8685 of such title is amended by striking ‘‘section 2501 b ’’ in subsections a and c and inserting ‘‘section 4811 b ’’ SEC 1868 DEVELOPMENT APPLICATION AND SUPPORT OF DUAL-USE TECHNOLOGIES a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by adding after chapter 382 as added by the preceding section the following new chapter ‘‘CHAPTER 383—DEVELOPMENT APPLICATION AND SUPPORT OF DUAL-USE TECHNOLOGIES ‘‘Sec ‘‘4831 ‘‘4832 ‘‘4833 ‘‘4834 Defense dual-use critical technology program Encouragement of technology transfer Federal Defense Laboratory Diversification Program Overseas foreign critical technology monitoring and assessment financial assistance program ’’ b TRANSFER AND REDESIGNATION OF TITLE 10 SECTIONS — The sections of title 10 United States Code specified in the lefthand column of the following table are transferred to chapter 383 of such title as added by subsection a inserted in the order shown in the following table after the table of sections at the beginning of such chapter and redesignated in accordance with the section numbers in the right-hand column as follows Section Redesignated Section 2511 2514 2519 2518 4831 4832 4833 4834 H R 6395—896 c CONFORMING CROSS-REFERENCE AMENDMENTS —Sections of chapter 383 of such title as transferred and redesignated by subsection b are amended as follows 1 Section 4831 is amended— A in subsection a by striking ‘‘section 2501 a ’’ and ‘‘section 2371’’ and inserting ‘‘section 4811 a ’’ and ‘‘section 4002’’ respectively and B in subsection e 1 by striking ‘‘section 2501 a ’’ and inserting ‘‘section 4811 a ’’ 2 Section 4832 is amended in subsection a by striking ‘‘section 2501 a ’’ and inserting ‘‘section 4811 a ’’ 3 Section 4833 is amended— A in subsection a by striking ‘‘section 2501 a ’’ and inserting ‘‘section 4811 a ’’ B in subsection c 1 by striking ‘‘section 2371’’ and inserting ‘‘section 4002’’ C in subsection d 2 by striking ‘‘section 2511 c 2 ’’ and inserting ‘‘section 4831 c 2 ’’ and D in subsection f by striking ‘‘section 2511 e ’’ and inserting ‘‘section 4831 e ’’ SEC 1869 MANUFACTURING TECHNOLOGY a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by adding after chapter 383 as added by the preceding section the following new chapter ‘‘CHAPTER 384—MANUFACTURING TECHNOLOGY ‘‘Sec ‘‘4841 Manufacturing Technology Program ‘‘4842 Joint Defense Manufacturing Technology Panel ‘‘4843 Armament retooling and manufacturing ’’ b TRANSFER AND REDESIGNATION OF SECTION 2521 — 1 TRANSFER AND REDESIGNATION —Section 2521 of title 10 United States Code is transferred to chapter 384 of such title as added by subsection a inserted after the table of sections at the beginning of such chapter and redesignated as section 4841 2 CONFORMING CROSS-REFERENCE AMENDMENTS —Such section is amended— A in subsection a by striking ‘‘section 2501 a ’’ and inserting ‘‘section 4811 a ’’ and B in subsection d 1 by striking ‘‘section 2374’’ and inserting ‘‘section 4008’’ c DESIGNATION OF FORMER SECTION 2521 E AS SECTION 4842 — 1 Such chapter is further amended— A by transferring subsection f of section 4841 within that section so as to appear after subsection d and redesignating that subsection as subsection e and B by redesignating as section 4842 the subsection e following the subsection transferred and redesignated by subparagraph A and inserting at the beginning of such section 4842 the following section heading H R 6395—897 ‘‘§ 4842 Joint Defense Manufacturing Technology Panel’’ 2 Section 4842 of title 10 United States Code as designated by paragraph 1 B is amended— A by striking ‘‘ e JOINT DEFENSE MANUFACTURING TECHNOLOGY PANEL —’’ B by redesignating paragraphs 1 through 6 as subsections a through f respectively C in subsection b as so redesignated by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively D in subsection c as so redesignated by redesignating subparagraphs A B and C as paragraphs 1 2 and 3 respectively E in subsection d as so redesignated— i by striking ‘‘paragraph 3 ’’ and inserting ‘‘subsection c ’’ and ii by redesignating subparagraphs A B C and D as paragraphs 1 2 3 and 4 respectively and F in subsection e as so redesignated by striking ‘‘this paragraph’’ and inserting ‘‘this subsection’’ d TRANSFER AND REDESIGNATION OF SECTION 2522 —Section 2522 of title 10 United States Code is transferred to chapter 384 of such title as added by subsection a inserted after section 4842 as designated by subsection c 1 B and redesignated as section 4843 e CONFORMING CROSS-REFERENCE AMENDMENT —Section 1644 f 1 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 10 U S C 2224 note is amended by striking ‘‘section 2521’’ and inserting ‘‘section 4841’’ SEC 1870 OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended by adding after chapter 384 as added by the preceding section the following new chapter ‘‘CHAPTER 385—OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS ‘‘Subchapter ‘‘I Defense Trade Reciprocity and Offset Policy ‘‘II Limitations on Procurement of Certain Items from Foreign Sources ‘‘III Limitations on Procurement from Certain Foreign Sources ‘‘IV Defense Industrial Reserve and Industrial Mobilization ‘‘V Other Matters Sec 4851 4861 4871 4881 4891 ‘‘SUBCHAPTER I—DEFENSE TRADE RECIPROCITY AND OFFSET POLICY ‘‘Sec ‘‘4851 Defense memoranda of understanding and related agreements ‘‘4852 Offset policy notification ’’ b TRANSFER AND REDESIGNATION OF SECTIONS 2531 AND 2532 —Sections 2531 and 2532 of title 10 United States Code are transferred to chapter 385 of such title as added by subsection H R 6395—898 a inserted after the table of sections at the beginning of subchapter I and redesignated as sections 4851 and 4852 respectively c SUBCHAPTER II — 1 DESIGNATION OF SUBCHAPTER II —Chapter 385 of title 10 United States Code is further amended by adding after subchapter I as amended by subsection b the following ‘‘SUBCHAPTER II—LIMITATIONS ON PROCUREMENT OF CERTAIN ITEMS FROM FOREIGN SOURCES ‘‘Sec ‘‘4861 Determinations of public interest under chapter 83 of title 41 ‘‘4862 Requirement to buy certain articles from American sources exceptions ‘‘4863 Requirement to buy strategic materials critical to national security from American sources exceptions ‘‘4864 Miscellaneous limitations on the procurement of goods other than United States goods ’’ 2 TRANSFER AND REDESIGNATION OF SECTIONS 2533 2533A 2533B AND 2534 —Sections 2533 2533a 2533b and 2534 of title 10 United States Code are transferred to chapter 385 of such title as added by subsection a inserted in that order after the table of sections at the beginning of subchapter II and redesignated as sections 4861 4862 4863 and 4864 respectively 3 CONFORMING CROSS-REFERENCE AMENDMENTS —Section 4864 of such title as so transferred and redesignated is amended— A in subsection d 3 by striking by striking ‘‘section 2531’’ and inserting ‘‘section 4851’’ B in subsection e 3 by striking ‘‘section 2532 d 1 ’’ and inserting ‘‘section 4852 d 1 ’’ and C in paragraph 2 B of the first subsection k relating to ‘‘Limitation on certain procurements application process’’ by striking ‘‘section 2500 1 ’’ both places it appears and inserting ‘‘section 4801 1 ’’ 4 ADDITIONAL TECHNICAL AMENDMENTS —Section 4864 of such title as so transferred and redesignated is further amended by redesignating the second subsection k added by section 853 b of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 as subsection l 5 CONFORMING AMENDMENT —Section 854 a 2 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 10 U S C 2533b note is amended by striking ‘‘section 2533a b ’’ and inserting ‘‘section 4862 b ’’ 6 CROSS-REFERENCE AMENDMENTS — A Section 2375 e 2 of title 10 United States Code is amended by striking ‘‘section 2533a’’ and ‘‘section 2533b’’ and inserting ‘‘section 4862’’ and ‘‘section 4863’’ respectively B Section 8118 of Public Law 108–287 10 U S C 2533a note is amended by striking ‘‘section 2533a f ’’ and inserting ‘‘section 4862 f ’’ C Section 187 b 5 of title 10 United States Code is amended by striking ‘‘section 2533b’’ and inserting ‘‘section 4863’’ d SUBCHAPTER III — 1 DESIGNATION OF SUBCHAPTER III —Chapter 385 of title 10 United States Code is further amended by adding after subchapter II as added by subsection c 1 the following H R 6395—899 ‘‘SUBCHAPTER III—LIMITATIONS ON PROCUREMENT FROM CERTAIN FOREIGN SOURCES ‘‘Sec ‘‘4871 Acquisition of sensitive materials from non-allied foreign nations prohibition ‘‘4872 Award of certain contracts to entities controlled by a foreign government prohibition ’’ 2 TRANSFER AND REDESIGNATION OF SECTIONS 2533C AND 2536 —Sections 2533c and 2536 of title 10 United States Code are transferred to chapter 385 of such title as added by subsection a inserted in that order after the table of sections at the beginning of subchapter III and redesignated as sections 4871 and 4872 respectively 3 CROSS-REFERENCE AND CLERICAL AMENDMENTS — A Section 4871 of such title as so transferred and redesignated is amended by striking ‘‘section 2533b m ’’ in subsection d 3 and inserting ‘‘section 4863 m ’’ B The heading of such section is amended to read as follows ‘‘§ 4871 Acquisition of sensitive materials from non-allied foreign nations prohibition’’ 4 CONFORMING CROSS-REFERENCE AMENDMENT —Section 2572 e 2 A of title 10 United States Code is amended by striking ‘‘section 2536 c 1 ’’ and inserting ‘‘section 4872 c 1 ’’ e SUBCHAPTER IV — 1 DESIGNATION OF SUBCHAPTER IV —Chapter 385 of title 10 United States Code is further amended by adding after subchapter III as added by subsection d the following ‘‘SUBCHAPTER IV—DEFENSE INDUSTRIAL RESERVE AND INDUSTRIAL MOBILIZATION ‘‘Sec ‘‘4881 Defense Industrial Reserve ‘‘4882 Industrial mobilization orders priorities possession of manufacturing plants violations ‘‘4883 Industrial mobilization plants lists ‘‘4884 Industrial mobilization Board on Mobilization of Industries Essential for Military Preparedness ’’ 2 TRANSFER AND REDESIGNATION OF SECTIONS 2535 2538 2539 AND 2539A — A IN GENERAL —Sections 2535 2538 2539 and 2539a of title 10 United States Code are transferred to chapter 385 of such title as added by subsection a inserted in that order after the table of sections at the beginning of subchapter IV and redesignated as sections 4881 4882 4883 and 4884 respectively B CROSS-REFERENCE AMENDMENT —Section 4884 of such title as so transferred and redesignated is amended by striking ‘‘sections 2538 and 2539’’ and inserting ‘‘sections 4882 and 4883’’ f SUBCHAPTER V — 1 DESIGNATION OF SUBCHAPTER V —Chapter 385 of title 10 United States Code is further amended by adding after subchapter IV as added by subsection e the following ‘‘SUBCHAPTER V—OTHER MATTERS ‘‘Sec ‘‘4891 Improved national defense control of technology diversions overseas H R 6395—900 ‘‘4892 Availability of samples drawings information equipment materials and certain services ’’ 2 TRANSFER AND REDESIGNATION OF SECTIONS 2537 AND 2539B —Sections 2537 and 2539b of title 10 United States Code are transferred to chapter 385 of such title as added by subsection a inserted in that order after the table of sections at the beginning of subchapter V and redesignated as sections 4891 and 4892 respectively SEC 1871 SMALL BUSINESS PROGRAMS a IN GENERAL —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended— 1 by striking chapter 285 and 2 by adding at the end the following new chapter ‘‘CHAPTER 387—SMALL BUSINESS PROGRAMS ‘‘Subchapter ‘‘I General Sec 4901 ‘‘SUBCHAPTER I—GENERAL ‘‘Sec ‘‘4901 Department of Defense small business strategy ’’ b TRANSFER OF SECTION 2283 —Section 2283 of title 10 United States Code is transferred to chapter 387 of such title as added by paragraph 1 inserted after the table of sections at the end of subchapter I redesignated as section 4901 and amended in subsections b 3 and e by striking ‘‘chapter 142’’ and inserting ‘‘chapter 388’’ SEC 1872 PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM a NEW CHAPTER — 1 IN GENERAL —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 is amended— A by striking chapter 385 as enacted by that Act and B by adding after chapter 387 as added by the preceding section the following new chapter ‘‘CHAPTER 388—PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM ‘‘Sec ‘‘4951 ‘‘4952 ‘‘4953 ‘‘4954 ‘‘4955 ‘‘4956 ‘‘4957 ‘‘4958 ‘‘4959 Purposes definitions regulations Cooperative agreements Funding Distribution Subcontractor information Authority to provide certain types of technical assistance Advancing small business growth Reserved Administrative and other costs ‘‘§ 4951 Purposes definitions regulations’’ 2 TRANSFER OF SECTION 2412 —The text of section 2412 of title 10 United States Code is transferred to section 4951 H R 6395—901 of such title as added by paragraph 1 inserted after the section heading designated as subsection a and amended by inserting ‘‘PURPOSES —’’ before ‘‘The purposes of the program’’ 3 TRANSFER OF SECTION 2411 — A TRANSFER —The text of section 2411 of title 10 United States Code is transferred to section 4951 of such title as added by paragraph 1 inserted after subsection a as added by paragraph 2 designated as subsection b and amended by inserting ‘‘DEFINITIONS —’’ before ‘‘In this chapter’’ B PRESERVATION OF FUTURE AMENDMENT —Section 852 a of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1511 10 U S C 2411 note is amended by striking ‘‘section 2411 3 ’’ and inserting ‘‘section 4951 b 3 ’’ except that if the effective date of this section is after October 1 2021 such amendment shall not be made 4 TRANSFER OF SECTION 2420 —The text of section 2420 of title 10 United States Code is transferred to section 4951 of such title as added by paragraph 1 inserted after subsection b as added by paragraph 3 designated as subsection c and amended by inserting ‘‘REGULATIONS —’’ before ‘‘The Secretary of Defense’’ 5 TRANSFER OF SECTION 2413 —Section 2413 of title 10 United States Code is transferred to chapter 385 of such title as amended by paragraph 1 inserted after section 4951 redesignated as section 4952 and amended— A in subsection a by inserting ‘‘AUTHORITY —’’ after ‘‘ a ’’ B in subsection b — i by inserting ‘‘AGREEMENTS —’’ before ‘‘Under any such’’ and ii by striking ‘‘section 2419 b ’’ in paragraph 2 and inserting ‘‘section 4957 b ’’ C in subsection c by inserting ‘‘DISTRIBUTION OF PROGRAMS —’’ after ‘‘ c ’’ D in subsection d by inserting ‘‘WEIGHT TO BE GIVEN SUCCESSFUL PAST PERFORMANCE —’’ after ‘‘ d ’’ and E in subsection e by inserting ‘‘DETERMINATION OF LEVEL OF FUNDING —’’ after ‘‘ e ’’ 6 TRANSFER OF SECTION 2414 —Section 2414 of title 10 United States Code is transferred to chapter 385 of such title as amended by paragraph 1 inserted after section 4952 as transferred and redesignated by paragraph 5 redesignated as section 4953 and amended— A by striking ‘‘clause’’ in paragraphs 1 and 2 of subsection a and inserting ‘‘paragraph’’ B by striking ‘‘section 2411 1 D ’’ in subsections a 3 a 4 and b and inserting ‘‘section 4951 b 1 D ’’ and C in subsection c by striking ‘‘section 2419 b ’’ and inserting ‘‘section 4957 b ’’ 7 TRANSFER OF SECTION 2415 —Section 2415 of title 10 United States Code is transferred to chapter 385 of such title as amended by paragraph 1 inserted after section 4953 as H R 6395—902 transferred and redesignated by paragraph 6 and redesignated as section 4954 8 TRANSFER OF SECTION 2416 —Section 2416 of title 10 United States Code is transferred to chapter 385 of such title as amended by paragraph 1 inserted after section 4954 as transferred and redesignated by paragraph 7 redesignated as section 4955 and amended— A in subsection a by inserting ‘‘CONTRACTORS TO PROVIDE INFORMATION —’’ after ‘‘ a ’’ B in subsection b by inserting ‘‘INFORMATION TO BE PROVIDED —’’ after ‘‘ b ’’ C in subsection c by inserting ‘‘FREQUENCY —’’ after ‘‘ c ’’ and D in subsection d by inserting ‘‘DEFINITION —’’ after ‘‘ d ’’ 9 TRANSFER OF SECTION 2418 —Section 2418 of title 10 United States Code is transferred to chapter 385 of such title as amended by paragraph 1 inserted after section 4955 as transferred and redesignated by paragraph 8 redesignated as section 4956 and amended— A in subsection a by inserting ‘‘ASSISTANCE RELATING TO CERTAIN NON-DEFENSE CONTRACTS —’’ after ‘‘ a ’’ B in subsection b by inserting ‘‘INFORMATION RELATING TO ASSISTANCE AND OTHER PROGRAMS AVAILABLE —’’ after ‘‘ b ’’ and C in subsection c by inserting ‘‘EDUCATION ON REQUIREMENTS APPLICABLE TO SMALL BUSINESSES UNDER CERTAIN REGULATIONS —’’ after ‘‘ c ’’ 10 TRANSFER OF SECTION 2419 —Section 2419 of title 10 United States Code is transferred to chapter 385 of such title as amended by paragraph 1 inserted after section 4956 as transferred and redesignated by paragraph 7 and redesignated as section 4957 11 TRANSFER OF SECTION 2417 —Section 2417 of title 10 United States Code is transferred to chapter 385 of such title as amended by paragraph 1 inserted after section 4957 as added by paragraph 10 and redesignated as section 4959 b CONFORMING REPEAL OF CHAPTER 142 — 1 REPEAL —Chapter 142 of title 10 United States Code is repealed 2 CLERICAL AMENDMENTS —The tables of chapters at the beginning of subtitle A and at the beginning of part IV of subtitle A of title 10 United States Code are amended by striking the items relating to chapter 142 SEC 1873 LOAN GUARANTEE PROGRAMS a NEW CHAPTER —Part V of subtitle A of title 10 United States Code as added by section 801 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 is amended— 1 by striking chapter 383 as enacted by that Act and 2 by adding after chapter 388 as added by the preceding section the following new chapter H R 6395—903 ‘‘CHAPTER 389—LOAN GUARANTEE PROGRAMS ‘‘Subchapter Sec ‘‘I Defense Export Loan Guarantees 4971 ‘‘II Critical Infrastructure Protection Loan Guarantees 4981’’ b TRANSFER OF EXISTING PROVISIONS —Subchapters VI and VII of chapter 148 of title 10 United States Code are transferred to chapter 389 of such title as added by subsection a inserted after the table of subchapters at the beginning of the chapter and redesignated as subchapters I and II respectively c REDESIGNATION OF SECTIONS — 1 SUBCHAPTER I —Sections 2540 2540a 2540b 2540c and 2540d of such title are redesignated as sections 4971 4972 4973 4974 and 4975 respectively and the items relating to those sections in the table of sections at the beginning of subchapter I of chapter 389 as transferred and redesignated by subsection b are amended to conform to the redesignations in this paragraph 2 SUBCHAPTER II —Sections 2541 2541a 2541b 2541c and 2541d of such title are redesignated as sections 4981 4982 4983 4984 and 4985 respectively and the items relating to those sections in the table of sections at the beginning of subchapter II of chapter 389 as transferred and redesignated by subsection b are amended to conform to the redesignations in this paragraph d CONFORMING CROSS-REFERENCE AMENDMENTS IN 2540 NOTE SECTION —Section 8065 of the Department of Defense Appropriations Act 2005 Public Law 108–287 10 U S C 2540 note is amended— 1 by striking ‘‘subchapter VI of chapter 148’’ both places it appears and inserting ‘‘subchapter I of chapter 389’’ and 2 by striking ‘‘section 2540c d ’’ and inserting ‘‘section 4974 d ’’ e CROSS-REFERENCE AMENDMENTS IN SUBCHAPTER II —Subchapter II of chapter 389 of such title as transferred and redesignated by subsection b is amended— 1 in subsection b 5 of section 4981 as redesignated by subsection c 2 by striking ‘‘section 2541d’’ and inserting ‘‘section 4985’’ 2 in subsection b of section 4983 as redesignated by subsection c 2 by striking ‘‘section 2541a c ’’ and inserting ‘‘section 4982 c ’’ and 3 in section 4984 as redesignated by subsection c 2 — A in the matter preceding paragraph 1 by striking ‘‘subchapter VI’’ and inserting ‘‘subchapter I’’ B in paragraph 1 by striking ‘‘Section 2540a’’ and inserting ‘‘Section 4972’’ C in paragraph 2 by striking ‘‘section 2540b’’ and inserting ‘‘section 4973’’ and D in paragraph 3 by striking ‘‘Section 2540d 2 ’’ and inserting ‘‘Section 4975 2 ’’ f CLERICAL AMENDMENTS —The tables of chapters at the beginning of subtitle A and at the beginning of part V of subtitle A of title 10 United States Code are amended— 1 by striking the items relating to chapters 285 383 and 385 and 2 by adding at the end the following new items ‘‘387 Small Business Programs 4901 H R 6395—904 ‘‘388 Procurement Technical Assistance Cooperative Agreement Program 4951 ‘‘389 Loan Guarantee Programs 4971’’ Subtitle J—Other Matters SEC 1876 RECODIFICATION OF CERTAIN TITLE 10 PROVISIONS RELATING TO CONTRACT FINANCING FOR CERTAIN NAVY CONTRACTS a RECODIFICATION OF PARAGRAPH 1 OF 10 U S C 2307 G — Chapter 863 of title 10 United States Code is amended by inserting after section 8684 a new section 8684a consisting of— 1 a heading as follows ‘‘§ 8684a Repair maintenance or overhaul of naval vessels rate for progress payments’’ and 2 a text consisting of the text of paragraph 1 of section 2307 g of title 10 United States Code revised by redesignating subparagraphs A and B as paragraphs 1 and 2 respectively b RECODIFICATION OF PARAGRAPH 3 —Such chapter is further amended by inserting after section 8688 a new section 8688a consisting of— 1 a heading as follows ‘‘§ 8688a Construction and conversion of naval vessels liens’’ and 2 a text consisting of the text of paragraph 3 of section 2307 g of such title c RECODIFICATION OF PARAGRAPH 2 —Subsection c of section 8702 of such title is amended— 1 by striking the first two words of the subsection heading and 2 by striking the text of that subsection and inserting the text of paragraph 2 of section 2307 g of such title amended by striking ‘‘this paragraph’’ in the second sentence and inserting ‘‘this subsection’’ d CLERICAL AMENDMENTS —The table of sections at the beginning of chapter 863 of such title is amended— 1 by inserting after the item relating to section 8684 the following new item ‘‘8684a Repair maintenance or overhaul of naval vessels rate for progress payments ’’ 2 by inserting after the item relating to section 8688 the following new item ‘‘8688a Construction and conversion of naval vessels liens ’’ e CONFORMING REPEAL —Section 2307 g of such title is repealed SEC 1877 RECODIFICATION OF TITLE 10 STATUTE ON CADRE OF PERSONNEL WHO ARE INTELLECTUAL PROPERTY EXPERTS a NEW SECTION IN ACQUISITION WORKFORCE CHAPTER — Chapter 87 of title 10 United States Code is amended by inserting after section 1706 the following new section ‘‘§ 1707 Cadre of intellectual property experts’’ b TRANSFER OF 10 U S C 2322 B —Subsection b of section 2322 of title 10 United States Code is transferred to section H R 6395—905 1707 of such title as added by subsection a inserted after the section heading redesignated as subsection a and amended— 1 by striking ‘‘CADRE OF INTELLECTUAL PROPERTY EXPERTS — 1 The Secretary’’ and inserting ‘‘CADRE —The Secretary’’ and 3 by redesignating paragraphs 2 3 and 4 as subsections b c and d respectively c AMENDMENTS TO NEW 1707 B —Subsection b of such section 1707 as so redesignated is amended— 1 by inserting ‘‘LEADERSHIP STRUCTURE —’’ before ‘‘The Under’’ 2 by striking ‘‘Secretary shall establish’’ and inserting ‘‘Secretary— ‘‘ 1 shall establish’’ and 3 by striking ‘‘managed and shall determine’’ and inserting ‘‘managed and ‘‘ 2 shall determine’’ d AMENDMENTS TO NEW 1707 C —Subsection c of such section 17017 as so redesignated is amended— 1 by inserting ‘‘DUTIES —’’ before ‘‘The cadre’’ and 2 by redesignating subparagraphs A through F as paragraphs 1 through 6 respectively e AMENDMENTS TO NEW 1707 D —Subsection d of such section 1707 as so redesignated is amended— 1 by striking ‘‘ A In order to’’ and inserting ‘‘ADMINISTRATION — ‘‘ 1 In order to’’ 2 by redesignating subparagraphs B through F as paragraphs 2 through 6 respectively and realigning such paragraphs 2 ems from the left margin 3 in paragraph 1 of such subsection d as redesignated by paragraph 1 of this subsection— A in the first sentence— i by striking ‘‘paragraph 1 ’’ and inserting ‘‘subsection a ’’ and ii by striking ‘‘paragraph 2 ’’ and inserting ‘‘subsection b ’’ and B in the third sentence by striking ‘‘subparagraphs B C D and F ’’ and inserting ‘‘paragraphs 2 3 4 and 6 ’’ and 4 in paragraph 4 as redesignated by paragraph 2 by striking ‘‘section 2320’’ and inserting ‘‘section 3775 a ’’ SEC 1878 TRANSFER OF TITLE 10 SECTION RELATING TO NOTIFICATION OF NAVY PROCUREMENT PRODUCTION DISRUPTIONS a TRANSFER OF SECTION 2339B —Section 2339b of title 10 United States Code as added by section 820 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 is transferred to chapter 873 of such title inserted before section 8752 and redesignated as section 8751 b CLERICAL AMENDMENT —The table of sections at the beginning of chapter 873 of such title is amended by inserting before the item relating to section 8752 the following new item ‘‘8751 Notification of Navy procurement production disruptions ’’ H R 6395—906 SEC 1879 TRANSFER OF TITLE 10 SECTION RELATING TO ENERGY SECURITY a TRANSFER —Section 2410q of title 10 United States Code is transferred to subchapter II of chapter 173 of such title inserted after section 2922h and redesignated as section 2922i b CLERICAL AMENDMENT —The table of sections at the beginning of such subchapter is amended by adding at the end the following new item ‘‘2922i Multiyear contracts purchase of electricity from renewable energy sources ’’ SEC 1880 PART IV HEADING a HEADING —The heading of part IV of subtitle A of title 10 United States Code is amended to read as follows ‘‘PART IV—SERVICE SUPPLY AND PROPERTY’’ b TABLE OF CHAPTERS —The item relating to the heading of part IV in the table of chapters at the beginning of subtitle A of such title is amended to read as follows ‘‘Part IV—Service Supply and Property’’ SEC 1881 REPEAL OF CHAPTERS 137 139 144 AND 148 a REPEAL —Chapters 137 139 144 and 148 of title 10 United States Code are repealed b TABLE OF CHAPTERS —The tables of chapters at the beginning of subtitle A and at the beginning of part IV of subtitle A of such title are amended by striking the items relating to chapters 137 139 144 and 148 SEC 1882 REVISION OF CHAPTER 141 a CHAPTER HEADING — 1 The heading of chapter 141 of title 10 United States Code is amended to read as follows ‘‘PART 141—MISCELLANEOUS PROVISIONS RELATING TO PROPERTY’’ 2 The items relating to such chapter in the table of chapters at the beginning of subtitle A and at the beginning of part IV of subtitle A of such title are amended to read as follows ‘‘141 Miscellaneous Provisions Relating to Property 2381’’ b CONSOLIDATION OF REMAINING SECTIONS OF CHAPTER 141 — Sections 2410r and 2410s of such title are transferred within chapter 141 of such title to appear in that order before section 2389 and are redesignated as sections 2387 and 2388 respectively c TABLE OF SECTIONS —The table of sections at the beginning of such chapter is amended to read as follows ‘‘Sec ‘‘2385 Arms and ammunition immunity from taxation ‘‘2387 Contract working dogs requirement to transfer animals to 341st Training Squadron after service life ‘‘2388 Security clearances for facilities of certain companies ‘‘2389 Ensuring safety regarding insensitive munitions ‘‘2390 Prohibition on the sale of certain defense articles from the stocks of the Department of Defense ‘‘2391 Military base reuse studies and community planning assistance ‘‘2396 Advances for payments for compliance with foreign laws rent in foreign countries tuition public utility services and pay and supplies of armed forces of friendly foreign countries ’’ H R 6395—907 SEC 1883 REFERENCES a DEFINITIONS —In this section 1 REDESIGNATED SECTION —The term ‘‘redesignated section’’ means a section of title 10 United States Code that is redesignated by this title as that section is so redesignated 2 SOURCE SECTION —The term ‘‘source section’’ means a section of title 10 United States Code that is redesignated by this title as that section was in effect before the redesignation b REFERENCE TO SOURCE SECTION — 1 TREATMENT OF REFERENCE —Except as otherwise provided in this title a reference to a source section including a reference in a regulation order or other law is deemed to refer to the corresponding redesignated section 2 TITLE 10 —Except as otherwise provided in this title in title 10 United States Code each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section SEC 1884 SAVINGS PROVISIONS a REGULATIONS ORDERS AND OTHER ADMINISTRATIVE ACTIONS —A regulation order or other administrative action in effect under a provision of title 10 United States Code redesignated by this title continues in effect under the provision as so redesignated b ACTIONS TAKEN AND OFFENSES COMMITTED —An action taken or an offense committed under a provision of title 10 United States Code redesignated by this title is deemed to have been taken or committed under the provision as so redesignated SEC 1885 RULE OF CONSTRUCTION This title including the amendments made by this title is intended only to reorganize title 10 United States Code and may not be construed to alter— 1 the effect of a provision of title 10 United States Code including any authority or requirement therein 2 a department or agency interpretation with respect to title 10 United States Code or 3 a judicial interpretation with respect to title 10 United States Code DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS SEC 2001 SHORT TITLE This division may be cited as the ‘‘Military Construction Authorization Act for Fiscal Year 2021’’ SEC 2002 EXPIRATION OF AUTHORIZATIONS REQUIRED TO BE SPECIFIED BY LAW AND AMOUNTS a EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS — Except as provided in subsection b all authorizations contained in titles XXI through XXVII and title XXIX for military construction projects land acquisition family housing projects and facilities H R 6395—908 and contributions to the North Atlantic Treaty Organization Security Investment Program and authorizations of appropriations therefor shall expire on the later of— 1 October 1 2023 or 2 the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024 b EXCEPTION —Subsection a shall not apply to authorizations for military construction projects land acquisition family housing projects and facilities and contributions to the North Atlantic Treaty Organization Security Investment Program and authorizations of appropriations therefor for which appropriated funds have been obligated before the later of— 1 October 1 2023 or 2 the date of the enactment of an Act authorizing funds for fiscal year 2024 for military construction projects land acquisition family housing projects and facilities or contributions to the North Atlantic Treaty Organization Security Investment Program SEC 2003 EFFECTIVE DATE Titles XXI through XXVII and title XXIX shall take effect on the later of— 1 October 1 2020 or 2 the date of the enactment of this Act TITLE XXI—ARMY MILITARY CONSTRUCTION Sec Sec Sec Sec Sec 2101 2102 2103 2104 2105 Authorized Army construction and land acquisition projects Family housing Authorization of appropriations Army Limitation on military construction project at Kwajalein Atoll Modification of authority to carry out fiscal year 2017 project at Camp Walker Korea SEC 2101 AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS a INSIDE THE UNITED STATES —Using amounts appropriated pursuant to the authorization of appropriations in section 2103 a and available for military construction projects inside the United States as specified in the funding table in section 4601 the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States and in the amounts set forth in the following table Army Inside the United States State Installation or Location Alaska Arizona California Colorado Georgia Fort Wainwright Yuma Proving Ground Military Ocean Terminal Concord Fort Carson Fort Gillem Fort Gordon Aliamanu Military Reservation Schofield Barracks Wheeler Army Airfield Hawaii Amount $114 000 000 $14 000 000 $46 000 000 $28 000 000 $71 000 000 $80 000 000 $71 000 000 $39 000 000 $89 000 000 H R 6395—909 Army Inside the United States—Continued State Installation or Location Louisiana Oklahoma South Carolina Virginia Fort Polk McAlester AAP Fort Jackson Humphreys Engineer Center Amount $25 000 000 $35 000 000 $7 000 000 $51 000 000 b OUTSIDE THE UNITED STATES —Using amounts appropriated pursuant to the authorization of appropriations in section 2103 a and available for military construction projects outside the United States as specified in the funding table in section 4601 the Secretary of the Army may acquire real property and carry out military construction projects for the installation outside the United States and in the amount set forth in the following table Army Outside the United States State Installation Amount Italy Casmera Renato Dal Din $10 200 000 SEC 2102 FAMILY HOUSING a CONSTRUCTION AND ACQUISITION —Using amounts appropriated pursuant to the authorization of appropriations in section 2103 a and available for military family housing functions as specified in the funding table in section 4601 the Secretary of the Army may construct or acquire family housing units including land acquisition and supporting facilities at the installations or locations in the number of units and in the amounts set forth in the following table Army Family Housing Country Installation or Location Units Italy Vicenza Kwajalein Kwajalein Atoll Family Housing New Construction Family Housing Replacement Construction Amount $84 100 000 $32 000 000 b PLANNING AND DESIGN —Using amounts appropriated pursuant to the authorization of appropriations in section 2103 a and available for military family housing functions as specified in the funding table in section 4601 the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3 300 000 H R 6395—910 SEC 2103 AUTHORIZATION OF APPROPRIATIONS ARMY a AUTHORIZATION OF APPROPRIATIONS —Funds are hereby authorized to be appropriated for fiscal years beginning after September 30 2020 for military construction land acquisition and military family housing functions of the Department of the Army as specified in the funding table in section 4601 b LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS — Notwithstanding the cost variations authorized by section 2853 of title 10 United States Code and any other cost variation authorized by law the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection a as specified in the funding table in section 4601 SEC 2104 LIMITATION ON MILITARY CONSTRUCTION PROJECT AT KWAJALEIN ATOLL The Secretary of the Army may not commence the military construction project authorized by section 2102 a at Kwajalein Atoll as specified in the funding table in section 4601 and none of the funds authorized to be appropriated by this Act for that military construction project may be obligated or expended until the Secretary submits to Committees on Armed Services of the House of Representatives and the Senate a design plan for the project that ensures that upon completion of the project the project will be resilient to 15 inches of sea level fluctuation and periods of complete inundation and wave-overwash predicted during the 10-year period beginning on the date of the enactment of this Act SEC 2105 MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2017 PROJECT AT CAMP WALKER KOREA In the case of the authorization contained in the table in section 2102 a of the National Defense Authorization Act for Fiscal Year 2017 Public Law 114–328 130 Stat 2689 for Camp Walker Korea the Secretary of the Army may construct an elevated walkway between two existing parking garages to connect children’s playgrounds using amounts available for Family Housing New Construction as specified in the funding table in section 4601 of such Act 130 Stat 2883 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 SEC 2201 AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS a INSIDE THE UNITED STATES —Using amounts appropriated pursuant to the authorization of appropriations in section 2203 a and available for military construction projects inside the United States as specified in the funding table in section 4601 the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States and in the amounts set forth in the following table H R 6395—911 Navy Inside the United States State Installation or Location California Camp Pendleton Lemoore Point Mugu Port Hueneme San Diego Seal Beach Twentynine Palms Joint Base Pearl Harbor-Hickam Kittery NCTAMS LANT Detachment Cutler Fallon Cherry Point Norfolk Hawaii Maine Nevada North Carolina Virginia Amount $115 530 000 $187 220 000 $26 700 000 $43 500 000 $128 500 000 $46 800 000 $76 500 000 $114 900 000 $715 000 000 $26 100 000 $29 040 000 $51 900 000 $39 800 000 b OUTSIDE THE UNITED STATES —Using amounts appropriated pursuant to the authorization of appropriations in section 2203 a and available for military construction projects outside the United States as specified in the funding table in section 4601 the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States and in the amounts set forth in the following table Navy Outside the United States Country Installation or Location Bahrain Island El Salvador Greece Guam SW Asia Comalapa Souda Bay Andersen Air Force Base Joint Region Marianas Rota Spain Amount $68 340 000 $28 000 000 $50 180 000 $21 280 000 $546 550 000 $60 110 000 SEC 2202 FAMILY HOUSING AND IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS a FAMILY HOUSING —Using amounts appropriated pursuant to the authorization of appropriations in section 2203 a and available for military family housing functions as specified in the funding table in section 4601 the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $5 854 000 b IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS —Subject to section 2825 of title 10 United States Code and using amounts appropriated pursuant to the authorization of appropriations in section 2203 a and available for military family housing functions as specified in the funding table in section 4601 the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $37 043 000 SEC 2203 AUTHORIZATION OF APPROPRIATIONS NAVY a AUTHORIZATION OF APPROPRIATIONS —Funds are hereby authorized to be appropriated for fiscal years beginning after September 30 2020 for military construction land acquisition and H R 6395—912 military family housing functions of the Department of the Navy as specified in the funding table in section 4601 b LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS — Notwithstanding the cost variations authorized by section 2853 of title 10 United States Code and any other cost variation authorized by law the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection a as specified in the funding table in section 4601 TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION Sec Sec Sec Sec Sec Sec Sec 2301 2302 2303 2304 2305 2306 2307 Authorized Air Force construction and land acquisition projects Family housing and improvements to military family housing units Authorization of appropriations Air Force Modification of authority to carry out certain fiscal year 2018 project Modification of authority to carry out certain fiscal year 2019 projects Modification of authority to carry out certain fiscal year 2020 projects Technical corrections related to authority to carry out certain fiscal year 2020 family housing projects SEC 2301 AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS a INSIDE THE UNITED STATES —Using amounts appropriated pursuant to the authorization of appropriations in section 2303 a and available for military construction projects inside the United States as specified in the funding table in section 4601 the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States and in the amounts set forth in the following table Air Force Inside the United States State Installation or Location California New Jersey South Dakota Texas Utah Virginia Edwards Air Force Base Joint Base McGuire-Dix-Lakehurst Ellsworth Air Force Base Joint Base San Antonio Hill Air Force Base Joint Base Langley-Eustis Amount $40 000 000 $22 000 000 $96 000 000 $19 500 000 $132 000 000 $19 500 000 b OUTSIDE THE UNITED STATES —Using amounts appropriated pursuant to the authorization of appropriations in section 2303 a and available for military construction projects outside the United States as specified in the funding table in section 4601 the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States and in the amounts set forth in the following table Air Force Outside the United States Country Installation or Location Guam Qatar Andersen Air Force Base Al Udeid Amount $56 000 000 $26 000 000 H R 6395—913 SEC 2302 FAMILY HOUSING AND IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS a FAMILY HOUSING —Using amounts appropriated pursuant to the authorization of appropriations in section 2303 a and available for military family housing functions as specified in the funding table in section 4601 the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $2 969 000 b IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS —Subject to section 2825 of title 10 United States Code and using amounts appropriated pursuant to the authorization of appropriations in section 2303 a and available for military family housing functions as specified in the funding table in section 4601 the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $94 245 000 SEC 2303 AUTHORIZATION OF APPROPRIATIONS AIR FORCE a AUTHORIZATION OF APPROPRIATIONS —Funds are hereby authorized to be appropriated for fiscal years beginning after September 30 2020 for military construction land acquisition and military family housing functions of the Department of the Air Force as specified in the funding table in section 4601 b LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS — Notwithstanding the cost variations authorized by section 2853 of title 10 United States Code and any other cost variation authorized by law the total cost of all projects carried out under section 2301 may not exceed the total amount authorized to be appropriated under subsection a as specified in the funding table in section 4601 SEC 2304 MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018 PROJECT a MODIFICATION OF PROJECT AUTHORITY —In the case of the authorization contained in the table in section 2301 b of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 131 Stat 1826 for Royal Air Force Lakenheath United Kingdom for construction of a 2 384 square-meter Consolidated Corrosion Control Facility as specified in the funding table in section 4601 of such Act 131 Stat 2004 the Secretary of the Air Force may construct a 2 700 square-meter Consolidated Corrosion Control and Wash Rack Facility b MODIFICATION OF PROJECT AMOUNTS — 1 DIVISION B TABLE —The authorization table in section 2301 b of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 131 Stat 1826 is amended in the item relating to Royal Air Force Lakenheath United Kingdom by striking ‘‘$136 992 000’’ and inserting ‘‘$172 292 000’’ to reflect the project modification made by subsection a 2 DIVISION D TABLE —The funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2018 Public Law 115–91 131 Stat 2004 is amended in the item relating to Royal Air Force Lakenheath Consolidated Corrosion Control Facility by striking ‘‘$20 000’’ in the Conference Authorized column and inserting ‘‘$55 300’’ to reflect the project modification made by subsection a H R 6395—914 SEC 2305 MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2019 PROJECTS a EIELSON AIR FORCE BASE ALASKA —In the case of the authorization contained in the table in section 2301 a of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 2246 for Eielson Air Force Base Alaska for construction of a F–35 CATM Range as specified in the funding table in section 4601 of that Act 132 Stat 2404 the Secretary of the Air Force may construct a 600 square meter non-contained outdoor range with covered and heated firing line b BARKSDALE AIR FORCE BASE LOUISIANA — 1 MODIFICATION OF PROJECT AUTHORITY —In the case of the authorization contained in table in section 2301 a of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 2246 for Barksdale Air Force Base Louisiana for construction of an Entrance Road and Gate Complex the Secretary of the Air Force may construct a 190 square meter visitor control center 44 square meter gate house 124 square meter privately owned vehicle inspection facility 338 square meter truck inspection facility and a 45 square meter gatehouse 2 PROJECT CONDITIONS —The military construction project referred to in paragraph 1 shall be carried out consistent with the Unified Facilities Criteria relating to Entry Control Facilities and applicable construction guidelines of the Department of the Air Force Construction in a flood plain is authorized subject to the condition that the Secretary of the Air Force include appropriate mitigation measures 3 MODIFICATION OF PROJECT AMOUNTS — A DIVISION B TABLE —The authorization table in section 2301 a of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115– 232 132 Stat 2246 is amended in the item relating to Barksdale Air Force Base Louisiana by striking ‘‘$12 250 000’’ and inserting ‘‘$48 000 000’’ to reflect the project modification made by paragraph 1 B DIVISION D TABLE —The funding table in section 4601 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 2404 is amended in the item relating to Barksdale Air Force Base Louisiana by striking ‘‘$12 250’’ in the Conference Authorized column and inserting ‘‘$48 000’’ to reflect the project modification made by paragraph 1 c ROYAL AIR FORCE LAKENHEATH UNITED KINGDOM —In the case of the authorization contained in the table in section 2301 b of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 2247 for Royal Air Force Lakenheath United Kingdom for construction of a 485 square-meter F–35A ADAL Conventional Munitions MX as specified in the funding table of section 4601 of such Act 132 Stat 2405 the Secretary of the Air Force may construct a 1 206 squaremeter maintenance facility for such purpose d FORCE PROTECTION AND SAFETY —The funding table in section 4601 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 2406 is amended in the item relating to Force Protection and Safety under Military Construction Air Force by striking ‘‘$35 000’’ in H R 6395—915 the Conference Authorized column and inserting ‘‘$50 000’’ to reflect amounts appropriated for such purpose SEC 2306 MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2020 PROJECTS a TYNDALL AIR FORCE BASE FLORIDA —In the case of the authorizations contained in the table in section 2912 a of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1913 for Tyndall Air Force Base Florida— 1 for construction of Auxiliary Ground Equipment Facility as specified in the funding table in section 4603 of that Act 133 Stat 2103 the Secretary of the Air Force may construct up to 5 043 square meters of aircraft support equipment storage 2 for construction of Ops Aircraft Maintenance Unit Hanger Number 2 as specified in such funding table the Secretary of the Air Force may construct— A up to 2 584 square meters of squadron operations and B up to 2 880 square meters of aircraft maintenance unit 3 for construction of Ops Aircraft Maintenance Unit Hanger Number 3 as specified in such funding table the Secretary of the Air Force may construct— A up to 2 584 square meters of squadron operations and B up to 2 880 square meters of aircraft maintenance unit 4 for construction of Operations Group Maintenance Group HQ as specified in such funding table the Secretary of the Air Force may construct up to 3 479 square meters of headquarters 5 for construction of Security Forces Mobility Storage Facility as specified in such funding table the Secretary of the Air Force may construct up to 930 square meters of equipment storage 6 for construction of Site Development Utilities Demo Phase 2 as specified in such funding table the Secretary of the Air Force may construct— A up to 3 039 meters of storm water piping box culverts underground detention and grading for surface detention B up to 6 136 meters of water lines C up to 11 171 meters of communications lines D up to 48 245 square meters of roads E up to 25 979 meters of electrical lines and F up to 618 square meters of pump house facility 7 for construction of Lodging Facilities Phases 1-2 as specified in such funding table the Secretary of the Air Force may construct up to 20 361 square meters of visiting quarters 8 for construction of Dorm Complex Phases 1-2 as specified in such funding table the Secretary of the Air Force may construct up to 24 792 square meters of permanent party dormitory 9 for construction of Tyndall AFB Gate Complex as specified in such funding tale the Secretary of the Air Force may construct— H R 6395—916 A up to 139 square meters of gate houses B up to 1 747 square meters of canopies C up to 555 square meters of vehicle inspection ports and D 19 each active passive barriers 10 for construction of Aircraft Wash Rack as specified in such funding table the Secretary of the Air Force may construct— A up to 2 307 square meters of corrosion control and B up to 1 621 square meters of aircraft wash rack in a hangar facility 11 for construction of Deployment Center Flight Line Dining AAFES as specified in such funding table the Secretary of the Air Force may construct— A up to 3 707 square meters of deployment processing center and B up to 128 square meters of AAFES Shoppette 12 for construction of Airfield Drainage as specified in such funding table the Secretary of the Air Force may construct up to 37 357 square meters of drainage ditch 13 for construction of 325th Fighter Wing HQ Facility as specified in such funding table the Secretary of the Air Force may construct— A up to 3 301 square meters of 325th Fighter Wing HQ building and B up to 697 square meters of command post and 14 for construction of Community Commons Facility as specified in such funding table the Secretary of the Air Force may construct— A up to 1 080 square meters of recreation center B up to 974 square meters of arts and crafts center C up to 2 048 square meters of bowling center and D up to 1 537 square meters of library b OFFUTT AIR FORCE BASE NEBRASKA —In the case of the authorizations contained in the table in section 2912 a of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1913 for Offutt Air Force Base Nebraska— 1 for construction of an Emergency Power Microgrid as specified in the funding table in section 4603 of such Act 133 Stat 2104 the Secretary of the Air Force may construct seven 2 5-megawatt diesel engine generators seven diesel exhaust fluid systems 15-kV switchgear two import export inter-ties five import-only inter-ties and 800 square meters of switchgear facility 2 for construction of a Flightline Hangars Campus as specified in such funding table the Secretary of the Air Force may construct 445 square meter of petroleum operations center 268 square meters of de-icing liquid storage and 173 square meters of warehouse and 3 for construction of a Lake Campus as specified in such funding table the Secretary of the Air Force may construct 240 square meters of softball complex and 270 square meters of morale welfare and recreation equipment storage facility 4 for construction of a Logistics Readiness Squadron Campus as specified in such funding table the Secretary of the H R 6395—917 Air Force may construct 2 536 square meters of warehouse and 5 for construction of a Security Campus as specified in such funding table the Secretary of the Air Force may construct 4 218 square meters of operations center and 1 343 square meters of military working dog kennel c JOINT BASE LANGLEY-EUSTIS VIRGINIA —In the case of the authorization contained in the table in section 2912 a of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1913 for Joint Base Langley-Eustis Virginia for construction of a Dormitory at the installation as specified in the funding table in section 4603 of such Act 133 Stat 2104 the Secretary of the Air Force may construct up to 6 720 square meters of dormitory SEC 2307 TECHNICAL CORRECTIONS RELATED TO AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2020 FAMILY HOUSING PROJECTS a AUTHORIZATION OF OMITTED SPANGDAHLEM AIR BASE FAMILY HOUSING PROJECT —Using amounts appropriated pursuant to the authorization of appropriations in section 2304 a of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1869 and available for military family housing functions the Secretary of the Air Force may carry out the military family housing project to construct 76 housing units at Spangdahlem Air Base Germany as specified in the funding table in section 4601 of such Act 133 Stat 2099 b CORRECTION OF AMOUNT AUTHORIZED FOR FAMILY HOUSING IMPROVEMENTS —Section 2303 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1869 is amended by striking ‘‘$53 584 000’’ and inserting ‘‘$46 638 000’’ to reflect the amount specified in the funding table in section 4601 of such Act 133 Stat 2099 for Construction Improvements under Family Housing Construction Air Force 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 SEC 2401 AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS a INSIDE THE UNITED STATES —Using amounts appropriated pursuant to the authorization of appropriations in section 2403 a and available for military construction projects inside the United States as specified in the funding table in section 4601 the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States and in the amounts set forth in the following table H R 6395—918 Defense Agencies Inside the United States State Installation or Location Alabama Alaska Arizona Anniston Army Depot Fort Greely Fort Huachuca Yuma Beale Air Force Base Fort Carson $18 000 000 $48 000 000 $33 728 000 $49 500 000 $22 800 000 $15 600 000 CONUS Unspecified Hurlburt Field Fort Knox Kirtland Air Force Base Fort Bragg Wright-Patterson Air Force Base Fort Hood Joint Expeditionary Base Little Creek-Fort Story Joint Base Lewis-McChord Manchester $14 400 000 $83 120 000 $69 310 000 $46 600 000 $113 800 000 $23 500 000 $32 700 000 California Colorado CONUS Unspecified Florida Kentucky New Mexico North Carolina Ohio Texas Virginia Washington Amount $112 500 000 $21 800 000 $82 000 000 b OUTSIDE THE UNITED STATES —Using amounts appropriated pursuant to the authorization of appropriations in section 2403 a and available for military construction projects outside the United States as specified in the funding table in section 4601 the Secretary of Defense may acquire real property and carry out military construction projects for the installation or location outside the United States and in the amount set forth in the following table Defense Agencies Outside the United States Country Installation or Location Japan Def Fuel Support Point Tsurumi Amount $49 500 000 c MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2020 PROJECT —In the case of the authorization contained in the table in section 2401 a of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1871 for the construction of a backup generator at the Pentagon Virginia the Secretary of Defense may replace and upgrade existing generators to obtain additional power generation capacity as specified in the funding table in section 4601 of that Act 133 Stat 2095 d EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2016 PROJECT — 1 EXTENSION —Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2016 division B of Public Law 114–92 129 Stat 1145 the authorization set forth in the table in paragraph 2 as provided in section 2401 of that Act 129 Stat 1157 shall remain in effect until October 1 2021 or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2022 whichever is later 2 TABLE —The table referred to in paragraph 1 is as follows H R 6395—919 Defense Agencies Extension of 2016 Project Authorization State Country Installation Project Oregon Klamath Falls IAP Fuel Facilities Amount $2 500 000 SEC 2402 AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT PROGRAM PROJECTS a INSIDE THE UNITED STATES —Using amounts appropriated pursuant to the authorization of appropriations in section 2403 a and available for energy conservation projects as specified in the funding table in section 4601 the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10 United States Code for the installations or locations inside the United States and in the amounts set forth in the following table ERCIP Projects Inside the United States State Installation or Location Alabama Arkansas California Fort Rucker Ebbing Air National Guard Base Marine Corps Air Ground Combat Center Twentynine Palms Military Ocean Terminal Concord Naval Support Activity Monterey Naval Air Weapons Station China Lake $24 000 000 $2 600 000 Joint Base Anacostia-Bolling Fort Benning Naval Support Activity Bethesda Naval Support Activity South Potomac Whiteman Air Force Base Creech Air Force Base $44 313 000 $17 000 000 $13 840 000 District of Columbia Georgia Maryland Missouri Nevada North Carolina Ohio Tennessee Virginia Fort Bragg Wright-Patterson Air Force Base Memphis Air National Guard Base Naval Medical Center Portsmouth Surface Combat Systems Center Wallops Island Amount $11 646 000 $29 000 000 $10 540 000 $8 950 000 $18 460 000 $17 310 000 $32 000 000 $6 100 000 $35 000 000 $4 780 000 $611 000 $9 100 000 b OUTSIDE THE UNITED STATES —Using amounts appropriated pursuant to the authorization of appropriations in section 2403 a and available for energy conservation projects as specified in the funding table in section 4601 the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10 United States Code for the installation or location outside the United States and in the amount set forth in the following table H R 6395—920 ERCIP Projects Outside the United States Country Installation or Location Italy Naval Support Activity Naples Amount $3 490 000 SEC 2403 AUTHORIZATION OF APPROPRIATIONS DEFENSE AGENCIES a AUTHORIZATION OF APPROPRIATIONS —Funds are hereby authorized to be appropriated for fiscal years beginning after September 30 2020 for military construction land acquisition and military family housing functions of the Department of Defense other than the military departments as specified in the funding table in section 4601 b LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS — Notwithstanding the cost variations authorized by section 2853 of title 10 United States Code and any other cost variation authorized by law the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection a as specified in the funding table in section 4601 SEC 2404 INDEPENDENT STUDY ON WESTERN EMERGENCY REFINED FUEL RESERVES a INDEPENDENT STUDY —Not later than 30 days after the date of the enactment of this Act the Secretary of Defense shall in consultation with the Secretary of Energy seek to enter into a contract with a Federally funded research and development center under which contract such center shall conduct a study on the feasibility including costs and benefits of establishing one or more emergency fuel reserves for refined fuel in the Western United States b ELEMENTS OF STUDY —In conducting the study referred to in subsection a the Federally funded research and development center with which the Secretary enters into a contract under such subsection shall analyze the following 1 An assessment in the event of a 30 day-interruption in the capability of oil refineries of the West Coast of the United States Alaska and Hawaii to refine petroleum of— A the capacity of the Department of Defense to meet defense missions requirements using the Prepositioned War Reserve Requirements of the Department for wartime and peacetime operations through the Prepositioned War Reserve Stock and Operating Stock of the Department B the military installations or missions otherwise served by such refineries that may have unique or limited connection to refined petroleum supply infrastructure and C the capacity of the Strategic Petroleum Reserve and connecting pipeline infrastructure to support requirements of the West Coast area of the United States for petroleum and refined petroleum products 2 An assessment of the practicability of the storage of military specification fuels and jet fuel stock in long-term storage in a salt cavern hard-rock storage or tank or other storage 3 An identification and assessment of various options to provide long-term storage of refined fuels in the Western United States including through the establishment of one or more Western Emergency Refined Fuel Reserves including— H R 6395—921 A for the assessment of each option a proposal for the Federal agency or agencies to be responsible for such option and B for the assessment of the establishment of any such Reserve an estimate of the costs of construction and operation of such Reserve c REPORT —The contract under subsection a shall require the Federally funded research and development center that conducts the study under the contract to submit to the Secretary of Defense and the Secretary of Energy a report on the results of study The report shall be so submitted in both classified and unclassified form d SUBMITTAL TO CONGRESS — 1 IN GENERAL —Not later than 30 days after the date on which the Secretary of Defense and the Secretary of Energy receive the report under subsection c the Secretary of Defense in consultation with the Secretary of Energy shall submit to the appropriate committees of Congress the following A The report under subsection c unaltered in both classified and unclassified form B Such comments as the Secretary of Defense considers appropriate in light of the report under subsection c 2 APPROPRIATE COMMITTEES OF CONGRESS DEFINED —In this subsection the term ‘‘appropriate committees of Congress’’ means— A the Committee on Armed Services the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate and B the Committee on Armed Services the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives TITLE XXV—INTERNATIONAL PROGRAMS Subtitle A—North Atlantic Treaty Organization Security Investment Program Sec 2501 Authorized NATO construction and land acquisition projects Sec 2502 Authorization of appropriations NATO Sec 2503 Execution of projects under the North Atlantic Treaty Organization Security Investment Program Subtitle B—Host Country In-Kind Contributions Sec 2511 Republic of Korea funded construction projects Sec 2512 Qatar funded construction projects Subtitle A—North Atlantic Treaty Organization Security Investment Program SEC 2501 AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10 United States Code in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from H R 6395—922 the North Atlantic Treaty Organization as a result of construction previously financed by the United States SEC 2502 AUTHORIZATION OF APPROPRIATIONS NATO a AUTHORIZATION —Funds are hereby authorized to be appropriated for fiscal years beginning after September 30 2020 for contributions by the Secretary of Defense under section 2806 of title 10 United States Code for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601 b AUTHORITY TO RECOGNIZE NATO AUTHORIZATION AMOUNTS AS BUDGETARY RESOURCES FOR PROJECT EXECUTION —When the United States is designated as the Host Nation for the purposes of executing a project under the NATO Security Investment Program NSIP the Department of Defense construction agent may recognize the NATO project authorization amounts as budgetary resources to incur obligations for the purposes of executing the NSIP project SEC 2503 EXECUTION OF PROJECTS UNDER THE NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM a IN GENERAL —Subchapter II of chapter 138 of title 10 United States Code is amended by adding at the end the following new section ‘‘§ 2350m Execution of projects under the North Atlantic Treaty Organization Security Investment Program ‘‘ a AUTHORITY TO EXECUTE PROJECTS —When the United States is designated as the Host Nation for purposes of executing a project under the North Atlantic Treaty Organization Security Investment Program in this section referred to as the ‘Program’ the Secretary of Defense may accept such designation and carry out such project consistent with the requirements of this section ‘‘ b PROJECT FUNDING —The Secretary of Defense may fund authorized expenditures of projects accepted under subsection a with— ‘‘ 1 contributions under subsection c ‘‘ 2 appropriations of the Department of Defense for the Program when directed by the North Atlantic Treaty Organization to apply amounts of such appropriations as part of the share of contributions of the United States for the Program or ‘‘ 3 any combination of amounts described in paragraphs 1 and 2 ‘‘ c AUTHORITY TO ACCEPT CONTRIBUTIONS — 1 The Secretary of Defense may accept contributions from the North Atlantic Treaty Organization and member nations of the North Atlantic Treaty Organization for the purpose of carrying out a project under subsection a ‘‘ 2 Contributions accepted under paragraph 1 shall be placed in an account established for the purpose of carrying out the project for which the funds were provided and shall remain available until expended H R 6395—923 ‘‘ 3 A If contributions are made under paragraph 1 as reimbursement for a project or portion of a project previously completed by the Department of Defense such contributions shall be credited to— ‘‘ i the appropriations used for the project or portion thereof if such appropriations have not yet expired or ‘‘ ii the appropriations for the Program if the appropriations described in clause i have expired ‘‘ B Funding credited under subparagraph A shall merge with and remain available for the same purposes and duration as the appropriations to which credited ‘‘ d OBLIGATION AUTHORITY —The construction agent of the Department of Defense designated by the Secretary of Defense to execute a project under subsection a may recognize the North Atlantic Treaty Organization project authorization amounts as budgetary resources to incur obligations against for the purposes of executing the project ‘‘ e INSUFFICIENT CONTRIBUTIONS — 1 In the event that the North Atlantic Treaty Organization does not agree to contribute funding for all costs necessary for the Department of Defense to carry out a project under subsection a including necessary personnel costs of the construction agent designated by the Department of Defense contract claims and any conjunctive funding requirements that exceed the project authorization or standards of the North Atlantic Treaty Organization the Secretary of Defense upon determination that completion of the project is in the national interest of the United States may fund such costs and undertake such conjunctively funded requirements not otherwise authorized by law using any unobligated funds available among funds appropriated for the Program for military construction ‘‘ 2 The use of funds under paragraph 1 from appropriations for the Program may be in addition to or in place of any other funding sources otherwise available for the purposes for which those funds are used ‘‘ f AUTHORIZED EXPENDITURES DEFINED —In this section the term ‘authorized expenditures’ means project expenses for which the North Atlantic Treaty Organization has agreed to contribute funding ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of subchapter II of chapter 138 of such title is amended by adding at the end the following new item ‘‘2350m Execution of projects under the North Atlantic Treaty Organization Security Investment Program ’’ c CONFORMING REPEALS — 1 2019 —Section 2502 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 2252 is amended— A in subsection a — i by striking ‘‘ a AUTHORIZATION —Funds’’ and inserting ‘‘Funds’’ and ii by striking the second sentence and B by striking subsection b 2 2020 —Section 2502 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1874 is amended— A in subsection a by striking ‘‘ a AUTHORIZATION — Funds’’ and inserting ‘‘Funds’’ and H R 6395—924 B by striking subsection b Subtitle B—Host Country In-Kind Contributions SEC 2511 REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS Pursuant to agreement with the Republic of Korea for required in-kind contributions the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea and in the amounts set forth in the following table Republic of Korea Funded Construction Projects Component Installation or Location Project Army Army Camp Carroll Camp Humphreys Site Development $49 000 000 Attack Reconnaissance Battalion Hangar $99 000 000 Hot Refuel Point $35 000 000 Maritime Operations Center $26 000 000 AGE Facility and Parking Apron $14 000 000 Army Navy Air Force Air Force Camp Humphreys COMROKFLT Naval Base Busan Daegu Air Base Kunsan Air Base Air Force Osan Air Base Air Force Osan Air Base Air Force Osan Air Base DefenseWide Camp Humphreys Backup Generator Plant Aircraft Corrosion Control Facility Phase 3 Child Development Center Relocate Munitions Storage Area Delta Phase 1 Elementary School Amount $19 000 000 $12 000 000 $20 000 000 $84 000 000 $58 000 000 SEC 2512 QATAR FUNDED CONSTRUCTION PROJECTS Pursuant to agreement with the State of Qatar for required in-kind contributions the Secretary of Defense may accept military construction projects for the installation in the State of Qatar and in the amounts set forth in the following table State of Qatar Funded Construction Projects Component Installation or Location Project Air Force Al Udeid Billet A12 Amount $63 000 000 H R 6395—925 State of Qatar Funded Construction Projects—Continued Component Air Air Air Air Air Air Air Air Air Air Air Air Air Force Force Force Force Force Force Force Force Force Force Force Force Force Air Force Installation or Location Al Al Al Al Al Al Al Al Al Al Al Al Al Udeid Udeid Udeid Udeid Udeid Udeid Udeid Udeid Udeid Udeid Udeid Udeid Udeid Al Udeid Project Billet B12 Billet D10 Billet 009 Billet 007 Armory Mount Billet A06 Dining Facility Billet BOS Billet B04 Billet A04 Billet AOS Dining Facility MSG Base Operations Support Facility ITN Communications Facility Amount $63 000 000 $77 000 000 $77 000 000 $77 000 000 $7 200 000 $77 000 000 $14 600 000 $77 000 000 $77 000 000 $77 000 000 $77 000 000 $14 600 000 $9 300 000 $3 500 000 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 SEC 2601 AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND ACQUISITION PROJECTS Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601 the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard installations or locations inside the United States and in the amounts set forth in the following table Army National Guard State Installation or Location Arizona Arkansas California Colorado Indiana Kentucky Mississippi Nebraska Tucson Fort Chaffee Bakersfield Peterson Air Force Base Shelbyville Frankfort Brandon North Platte Amount $18 100 000 $15 000 000 $9 300 000 $15 000 000 $12 000 000 $15 000 000 $10 400 000 $9 300 000 H R 6395—926 Army National Guard—Continued State Installation or Location Amount New Jersey Ohio Oklahoma Oregon Puerto Rico South Carolina Tennessee Texas Utah Virgin Islands Wisconsin Joint Base McGuire-Dix-Lakehurst Columbus Ardmore Hermiston Fort Allen Joint Base Charleston $15 000 000 $15 000 000 $9 800 000 $25 035 000 $37 000 000 $15 000 000 McMinnville Fort Worth Nephi St Croix Appleton $11 200 000 $13 800 000 $12 000 000 $39 400 000 $11 600 000 SEC 2602 AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601 the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve installations or locations inside the United States and in the amounts set forth in the following table Army Reserve State Installation or Location Florida Massachusetts North Carolina Wisconsin Gainesville Devens Reserve Forces Training Area Asheville Fort McCoy Amount $36 000 000 $8 700 000 $24 000 000 $17 100 000 SEC 2603 AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601 the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve installations or locations inside the United States and in the amounts set forth in the following table Navy Reserve and Marine Corps Reserve State Installation or Location Maryland Minnesota Reisterstown Naval Operational Support Center Minneapolis Hill Air Force Base Utah Amount $39 500 000 $12 800 000 $25 010 000 H R 6395—927 SEC 2604 AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND ACQUISITION PROJECTS Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601 the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard installations or locations inside the United States and in the amounts set forth in the following table Air National Guard State Installation or Location Alabama Guam Maryland North Dakota Texas Montgomery Regional Airport Joint Region Marianas Joint Base Andrews Hector International Airport Joint Base San Antonio Amount $23 600 000 $20 000 000 $9 400 000 $17 500 000 $10 800 000 SEC 2605 AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601 the Secretary of the Air Force may acquire real property and carry out military construction projects for the installation inside the United States and in the amount set forth in the following table Air Force Reserve State Installation Texas Joint Reserve Base Fort Worth Amount $39 200 000 SEC 2606 AUTHORIZATION OF APPROPRIATIONS NATIONAL GUARD AND RESERVE Funds are hereby authorized to be appropriated for fiscal years beginning after September 30 2020 for the costs of acquisition architectural and engineering services and construction of facilities for the Guard and Reserve Forces and for contributions therefor under chapter 1803 of title 10 United States Code including the cost of acquisition of land for those facilities as specified in the funding table in section 4601 SEC 2607 MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2020 PROJECT IN ALABAMA In the case of the authorization contained in the table in section 2601 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1875 for Anniston Army Depot Alabama for construction of an Enlisted Transient Barracks as specified in the funding table in section 4601 of such Act 133 Stat 2096 the Secretary of the Army may construct a training barracks at Fort McClellan Alabama H R 6395—928 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 SEC 2701 AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT Funds are hereby authorized to be appropriated for fiscal years beginning after September 30 2020 for base realignment and closure activities including real property acquisition and military construction projects as authorized by the Defense Base Closure and Realignment Act of 1990 part A of title XXIX of Public Law 101–510 10 U S C 2687 note and funded through the Department of Defense Base Closure Account established by section 2906 of such Act as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 division B of Public Law 112–239 126 Stat 2140 as specified in the funding table in section 4601 SEC 2702 PROHIBITION ON CONDUCTING ADDITIONAL REALIGNMENT AND CLOSURE BRAC ROUND BASE Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure BRAC round SEC 2703 PLAN TO FINISH REMEDIATION ACTIVITIES CONDUCTED BY THE SECRETARY OF THE ARMY IN UMATILLA OREGON Not later than 90 days after the date of the enactment of this Act the Secretary of the Army shall submit to Congress a plan to finish remediation activities conducted by the Secretary in Umatilla Oregon by not later than three years after such date of enactment TITLE XXVIII—MILITARY CONSTRUCTION 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 H R 6395—929 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 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 H R 6395—930 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 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 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 a LIMITATION ON AMOUNT OF FUNDS AVAILABLE FOR NATIONAL EMERGENCY —Section 2808 of title 10 United States Code is amended— 1 by redesignating subsections b and c as subsections e and f respectively and 2 by inserting after subsection a the following new subsection ‘‘ c LIMITATION ON AMOUNT OF FUNDS AVAILABLE FOR NATIONAL EMERGENCY — 1 Except as provided in paragraph 2 in the event of a declaration by the President of a national emergency in which the construction authority described in subsection a is used the total cost of all military construction projects undertaken using that authority during the national emergency may not exceed $500 000 000 ‘‘ 2 In the event of a national emergency declaration in which the construction authority described in subsection a will be used only within the United States the total cost of all military construction projects undertaken using that authority during the national emergency may not exceed $100 000 000 ’’ H R 6395—931 b ADDITIONAL CONDITIONS ON SOURCE OF FUNDS —Section 2808 a of title 10 United States Code is amended by striking the second sentence and inserting the following new subsection ‘‘ b CONDITIONS ON SOURCES OF FUNDS —A military construction project to be undertaken using the construction authority described in subsection a may be undertaken only within the total amount of funds that have been appropriated for military construction excluding funds appropriated for family housing that— ‘‘ 1 remain unobligated as of the date on which the first contract would be entered into in support of the national emergency declaration described in subsection a and ‘‘ 2 are available because the military construction project for which the funds were appropriated— ‘‘ A has been canceled or ‘‘ B has reduced costs as a result of project modifications or other cost savings ’’ c WAIVER OF OTHER PROVISIONS OF LAW —Section 2808 of title 10 United States Code is amended by inserting after subsection c as added by subsection a the following new subsection ‘‘ d WAIVER OF OTHER PROVISIONS OF LAW IN EVENT OF NATIONAL EMERGENCY —In the event of a declaration by the President of a national emergency in which the construction authority described in subsection a is used the authority provided by such subsection to waive or disregard another provision of law that would otherwise apply to a military construction project authorized by this section may be used only if— ‘‘ 1 such other provision of law does not provide a means by which compliance with the requirements of the law may be waived modified or expedited and ‘‘ 2 the Secretary of Defense determines that the nature of the national emergency necessitates the noncompliance with the requirements of the law ’’ d ADDITIONAL NOTIFICATION REQUIREMENTS —Subsection e of section 2808 of title 10 United States Code as redesignated by subsection a 1 is amended— 1 by striking ‘‘of the decision’’ and all that follows through the end of the subsection and inserting the following ‘‘of the following ‘‘ A The reasons for the decision to use the construction authority described in subsection a including in the event of a declaration by the President of a national emergency the reasons why use of the armed forces is required in response to the declared national emergency ‘‘ B The construction projects to be undertaken using the construction authority described in subsection a including in the event of a declaration by the President of a national emergency an explanation of how each construction project directly supports the immediate security logistical or shortterm housing and ancillary supporting facility needs of the members of the armed forces used in the national emergency ‘‘ C The estimated cost of the construction projects to be undertaken using the construction authority described in subsection a including the cost of any real estate action pertaining to the construction projects and certification of compliance with the funding conditions imposed by subsections b and c H R 6395—932 ‘‘ D Any determination made pursuant to subsection d 2 to waive or disregard another provision of law to undertake any construction project using the construction authority described in subsection a ‘‘ E The military construction projects including any ancillary supporting facility projects whose cancellation modification or other cost savings result in funds being available to undertake construction projects using the construction authority described in subsection a and the possible impact of the cancellation or modification of such military construction projects on military readiness and the quality of life of members of the armed forces and their dependents ’’ and 2 by adding at the end the following new paragraph ‘‘ 2 In the event of a declaration by the President of a national emergency in which the construction authority described in subsection a is used a construction project to be undertaken using such construction authority may be carried out only after the end of the five-day period beginning on the date the notification required by paragraph 1 is received by the congressional defense committees ’’ e CLERICAL AMENDMENTS —Section 2808 of title 10 United States Code is further amended— 1 in subsection a by inserting ‘‘CONSTRUCTION AUTHORIZED —’’ after ‘‘ a ’’ 2 in subsection e as redesignated by subsection a 1 by inserting ‘‘NOTIFICATION REQUIREMENT — 1 ’’ after ‘‘ e ’’ and 3 in subsection f as redesignated by subsection a 1 by inserting ‘‘TERMINATION OF AUTHORITY —’’ after ‘‘ f ’’ f EXCEPTION FOR PANDEMIC MITIGATION AND RESPONSE PROJECTS —Subsections b c d of section 2808 of title 10 United States Code as added by this section shall not apply to a military construction project commenced under the authority of subsection a of such section 2808 during the emergency period described in section 1135 g 1 B of the Social Security Act 42 U S C 1320b– 5 g 1 B if the Secretary of Defense determines that the military construction project will directly support pandemic mitigation and response efforts of health care providers or support members of the Armed Forces directly participating in such pandemic mitigation and response efforts Subsection e of section 2808 of title 10 United States Code as redesignated by subsection a 1 and amended by subsection d of this section shall still apply to any such military construction project SEC 2802 EXTENSION OF SUNSET FOR ANNUAL LOCALITY ADJUSTMENT OF DOLLAR THRESHOLDS APPLICABLE TO UNSPECIFIED MINOR MILITARY CONSTRUCTION AUTHORITIES Section 2805 f 3 of title 10 United States Code is amended by striking ‘‘2022’’ and inserting ‘‘2027’’ SEC 2803 MODIFICATION OF REPORTING REQUIREMENTS REGARDING CERTAIN MILITARY CONSTRUCTION PROJECTS AND MILITARY FAMILY HOUSING PROJECTS CONTRACTS AND AGREEMENTS a COST-INCREASE REPORTS ELIMINATION OF SUBMISSION TO COMPTROLLER GENERAL —Section 2853 f of title 10 United States Code is amended— 1 in paragraphs 1 and 3 by striking ‘‘and the Comptroller General of the United States’’ and H R 6395—933 2 by striking paragraph 6 b SYNCHRONIZATION OF NOTIFICATION REQUIREMENTS —Section 2853 c 1 of title 10 United States Code is amended by inserting after ‘‘cost increase’’ in the matter preceding subparagraph A the following ‘‘ subject to subsection f ’’ c DELEGATION AND SCOPE OF HOUSING PRIVATIZATION REPORTING REQUIREMENT —Section 2884 a of title 10 United States Code is amended— 1 in paragraph 1 — A in the matter preceding the subparagraphs by striking ‘‘The Secretary of Defense’’ and inserting ‘‘The Secretary concerned’’ and B in subparagraph A — i by inserting ‘‘or agreement’’ after ‘‘each contract’’ and ii by striking ‘‘that the Secretary proposes to solicit’’ 2 in paragraph 2 — A in the matter preceding the subparagraphs by striking ‘‘For each proposed contract conveyance or lease described in paragraph 1 the report required by such paragraph’’ and inserting ‘‘A report required by paragraph 1 ’’ and B by inserting ‘‘agreement ’’ after ‘‘contract ’’ each place it appears and 3 in paragraph 3 by inserting ‘‘or agreement’’ after ‘‘contract’’ each place it appears SEC 2804 CONSIDERATION OF ENERGY SECURITY AND ENERGY RESILIENCE IN LIFE-CYCLE COST FOR MILITARY CONSTRUCTION a IN GENERAL —Chapter 169 of title 10 United States Code is amended by inserting after section 2815 the following new section ‘‘§ 2816 Consideration of energy security and energy resilience in life-cycle cost for military construction ‘‘ a IN GENERAL — 1 The Secretary concerned when evaluating the life-cycle designed cost of a covered military construction project shall include as a facility requirement the long-term consideration of energy security and energy resilience that would ensure that the resulting facility is capable of continuing to perform its missions during the life of the facility in the event of a natural or human-caused disaster an attack or any other unplanned event that would otherwise interfere with the ability of the facility to perform its missions ‘‘ 2 A facility requirement under paragraph 1 shall not be weighed for cost purposes against other facility requirements in determining the design of the facility ‘‘ b INCLUSION IN THE BUILDING LIFE-CYCLE COST PROGRAM — The Secretary shall include the requirements of subsection a in applying the latest version of the building life-cycle cost program as developed by the National Institute of Standards and Technology to consider on-site distributed energy assets in a building design for a covered military construction project ‘‘ c COVERED MILITARY CONSTRUCTION PROJECT DEFINED — 1 In this section the term ‘covered military construction project’ means a military construction project for a facility that is used H R 6395—934 to perform critical functions during a natural or human-caused disaster an attack or any other unplanned event ‘‘ 2 For purposes of paragraph 1 the term ‘facility’ includes at a minimum any of the following ‘‘ A Operations centers ‘‘ B Nuclear command and control facilities ‘‘ C Integrated strategic and tactical warning and attack assessment facilities ‘‘ D Continuity of government facilities ‘‘ E Missile defense facilities ‘‘ F Air defense facilities ‘‘ G Hospitals ‘‘ H Armories and readiness centers of the National Guard ‘‘ I Communications facilities ‘‘ J Satellite and missile launch and control facilities ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of subchapter I of chapter 169 of title 10 United States Code is amended by inserting after the item relating to section 2815 the following new item ‘‘2816 Consideration of energy security and energy resilience in life-cycle cost for military construction ’’ SEC 2805 CONGRESSIONAL PROJECT AUTHORIZATION REQUIRED FOR MILITARY CONSTRUCTION PROJECTS FOR ENERGY RESILIENCE ENERGY SECURITY AND ENERGY CONSERVATION a REPLACEMENT OF NOTICE AND WAIT AUTHORITY —Section 2914 of title 10 United States Code is amended to read as follows ‘‘§ 2914 Military construction projects for energy resilience energy security and energy conservation ‘‘ a PROJECT AUTHORIZATION REQUIRED —The Secretary of Defense may carry out such military construction projects for energy resilience energy security and energy conservation as are authorized by law using funds appropriated or otherwise made available for that purpose ‘‘ b SUBMISSION OF PROJECT PROPOSALS — 1 As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by subsection a the Secretary of Defense shall include the following information ‘‘ A The project title ‘‘ B The location of the project ‘‘ C A brief description of the scope of work ‘‘ D The original project cost estimate and the current working cost estimate if different ‘‘ E Such other information as the Secretary considers appropriate ‘‘ 2 In the case of a military construction project for energy conservation the Secretary also shall include the following information ‘‘ A The original expected savings-to-investment ratio and simple payback estimates and measurement and verification cost estimate ‘‘ B The most current expected savings-to-investment ratio and simple payback estimates and measurement and verification plan and costs H R 6395—935 ‘‘ C A brief description of the measurement and verification plan and planned funding source ‘‘ 3 In the case of a military construction project for energy resilience or energy security the Secretary also shall include the rationale for how the project would enhance mission assurance support mission critical functions and address known vulnerabilities ‘‘ c APPLICATION TO MILITARY CONSTRUCTION PROJECTS —This section shall apply to military construction projects covered by subsection a for which a Department of Defense Form 1391 is submitted to the appropriate committees of Congress in connection with the budget of the Department of Defense for fiscal year 2023 and thereafter ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of subchapter I of chapter 173 of title 10 United States Code is amended by striking the item relating to section 2914 and inserting the following new item ‘‘2914 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 a EXTENSION OF AUTHORITY —Subsection h of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 division B of Public Law 108–136 117 Stat 1723 as most recently amended by section 2807 a of the Military Construction Authorization Act for Fiscal Year 2019 division B of Public Law 115–232 132 Stat 2264 is further amended— 1 in paragraph 1 by striking ‘‘December 31 2020’’ and inserting ‘‘December 31 2021’’ and 2 paragraph 2 by striking ‘‘fiscal year 2021’’ and inserting ‘‘fiscal year 2022’’ b CONTINUATION OF LIMITATION ON USE OF AUTHORITY — Subsection c of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 division B of Public Law 108–136 117 Stat 1723 as most recently amended by section 2807 b of the Military Construction Authorization Act for Fiscal Year 2019 division B of Public Law 115–232 132 Stat 2264 is further amended— 1 by striking ‘‘either’’ and inserting ‘‘each’’ and 2 by inserting after the first paragraph 2 the following new subparagraph ‘‘ C The period beginning October 1 2020 and ending on the earlier of December 31 2021 or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2022 ’’ c TECHNICAL CORRECTIONS —Subsection c of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 division B of Public Law 108–136 117 Stat 1723 as most recently amended by section 2807 b of the Military Construction Authorization Act for Fiscal Year 2019 division B of Public Law 115–232 132 Stat 2264 and subsection b of this section is further amended— 1 by redesignating the second paragraph 1 as subparagraph A and H R 6395—936 2 by redesignating the first paragraph 2 as subparagraph B SEC 2807 RESPONSIBILITY OF NAVY FOR MILITARY CONSTRUCTION REQUIREMENTS FOR CERTAIN FLEET READINESS CENTERS The Navy shall be responsible for programming requesting and executing any military construction requirements related to any Fleet Readiness Center that is a tenant command at a Marine Corps installation Subtitle B—Military Family Housing Reforms SEC 2811 MODIFICATIONS AND TECHNICAL CORRECTIONS RELATED TO MILITARY HOUSING PRIVATIZATION REFORM a CHIEF HOUSING OFFICER OVERSIGHT RESPONSIBILITIES — 1 OVERSIGHT OF ALL MILITARY HOUSING —Section 2890a of title 10 United States Code is amended— A in subsection a 1 by striking ‘‘housing units’’ and inserting ‘‘family housing and military unaccompanied housing under the jurisdiction of the Department of Defense or acquired or constructed under subchapter IV of this chapter in this section referred to as ‘covered housing units’ ’’ and B in subsection b 1 — i in the matter preceding subparagraph A by striking ‘‘housing under subchapter IV and this subchapter’’ and inserting ‘‘covered housing units’’ and ii in subparagraphs A and B by inserting ‘‘covered’’ before ‘‘housing units’’ both places it appears 2 SECTION HEADING —The heading of section 2890a of title 10 United States Code is amended by inserting before ‘‘Chief Housing Officer’’ the following ‘‘Supervision of military housing by’’ 3 TRANSFER AND REDESIGNATION OF SECTION —Section 2890a of title 10 United States Code as amended by paragraphs 1 and 2 — A is transferred to appear after section 2851 of such title and B is redesignated as section 2851a b RIGHTS AND RESPONSIBILITIES OF TENANTS OF HOUSING UNITS —Section 2890 of title 10 United States Code is amended— 1 in subsection b 15 by striking ‘‘and held in escrow’’ 2 in subsection e 2 in the matter preceding subparagraph A by inserting ‘‘a’’ before ‘‘landlord’’ and 3 in subsection f by striking paragraph 2 and inserting the following new subsection ‘‘ 2 Paragraph 1 shall not apply to a nondisclosure agreement executed— ‘‘ A as part of the settlement of litigation or ‘‘ B to avoid litigation if the tenant has retained legal counsel or has sought military legal assistance under section 1044 of this title ’’ c CONTRACTS FOR PROVISION OF HOUSING UNITS —Section 2891 e of title 10 United States Code is amended— H R 6395—937 1 in paragraph 1 — A in the matter preceding subparagraph A by inserting ‘‘unit’’ after ‘‘different housing’’ and B in subparagraph B by inserting ‘‘the’’ before ‘‘tenant’’ and 2 in paragraph 2 B by inserting ‘‘the’’ before ‘‘tenant’’ d MANAGEMENT OF HOUSING UNITS —Section 2891a of title 10 United States Code is amended— 1 by adding a period at the end of subsection b 2 2 in subsection d by striking paragraph 11 and inserting the following new paragraph ‘‘ 11 Upon request by a prospective tenant a landlord providing a housing unit shall ensure that the needs of enrollees in the Exceptional Family Member Program or any successor program are considered in assigning the prospective tenant to a housing unit provided by the landlord ’’ and 3 in subsection e 2 B by striking ‘‘the any’’ and inserting ‘‘any’’ e TENANT ACCESS TO MAINTENANCE INFORMATION —Section 2892a of title 10 United States Code is amended by striking the text of such section and inserting the following ‘‘ a MAINTENANCE INFORMATION FOR PROSPECTIVE TENANTS — The Secretary concerned shall require each eligible entity or subsequent landlord that offers for lease a housing unit to provide to a prospective tenant of the housing unit— ‘‘ 1 not later than five business days before the prospective tenant is asked to sign the lease a summary of maintenance conducted with respect to that housing unit for the previous seven years and ‘‘ 2 not later than two business days after the prospective tenant requests additional information regarding maintenance conducted with respect to that housing unit during such period all information possessed by the eligible entity or subsequent landlord regarding such maintenance conducted during such period ‘‘ b MAINTENANCE INFORMATION FOR EXISTING TENANTS —A tenant of a housing unit who did not receive maintenance information described in subsection a regarding that housing unit while a prospective tenant may request such maintenance information and shall receive such maintenance information not later than five business days after the making the request ‘‘ c MAINTENANCE DEFINED —In the section the term ‘maintenance’ includes any renovations of the housing unit during the period specified in subsection a 1 ’’ f TREATMENT OF CERTAIN INCENTIVE FEES —Section 2893 of title 10 United States Code is amended by striking ‘‘propensity for’’ and inserting ‘‘pattern of’’ g LANDLORD-TENANT DISPUTE RESOLUTION PROCESS —Section 2894 of title 10 United States Code is amended— 1 in subsection b by adding at the end the following new paragraph ‘‘ 6 The dispute resolution process shall require the installation or regional commander as the case may be to record each dispute in the complaint database established under section 2894a of this title ’’ 2 in subsection c — H R 6395—938 A in paragraph 1 in the matter preceding subparagraph A by striking ‘‘24 hours’’ and inserting ‘‘two business days’’ B in paragraph 3 — i by inserting ‘‘business’’ before ‘‘days’’ and ii by inserting ‘‘ such office’’ before ‘‘shall complete’’ C in paragraph 4 in the matter preceding subparagraph A by inserting ‘‘ at a minimum ’’ before ‘‘the following persons’’ D in paragraph 5 by inserting ‘‘calendar’’ before ‘‘days’’ both places it appears and E by striking paragraph 6 and inserting the following new paragraph ‘‘ 6 Except as provided in paragraph 5 B a final decision shall be transmitted to the tenant landlord and the installation or regional commander as the case may be not later than 30 calendar days after the request was submitted ’’ and 3 by striking subsections d and e and inserting the following new subsections ‘‘ d EFFECT OF FAILURE TO COMPLY WITH DECISION — 1 If the final decision rendered under subsection c for resolution of a landlord-tenant dispute includes instructions for the landlord responsible for the housing unit to further remediate the housing unit the decision shall specify a reasonable period of time but not less than 10 business days for the landlord to complete the remediation ‘‘ 2 If the landlord does not remediate the issues before the end of the time period specified in the final decision in a manner consistent with the instructions contained in the decision any amounts payable to the landlord for the housing unit shall be reduced by 10 percent for each period of five calendar days during which the issues remain unremediated ‘‘ e REQUEST TO WITHHOLD PAYMENTS DURING RESOLUTION PROCESS — 1 As part of the submission of a request for resolution of a landlord-tenant dispute through the dispute resolution process regarding maintenance guidelines or procedures or habitability the tenant may request that all or part of the payments described in paragraph 3 for lease of the housing unit be segregated and not used by the property owner property manager or landlord pending completion of the dispute resolution process ‘‘ 2 The amount allowed to be withheld under paragraph 1 shall be limited to amounts associated with the period during which— ‘‘ A the landlord has not met maintenance guidelines and procedures established by the Department of Defense either through contract or otherwise or ‘‘ B the housing unit is uninhabitable according to State and local law for the jurisdiction in which the housing unit is located ‘‘ 3 This subsection applies to the following ‘‘ A Any basic allowance for housing payable to the tenant including for any dependents of the tenant in the tenant’s household under section 403 of title 37 ‘‘ B All or part of any pay of a tenant subject to allotment as described in section 2882 c of this title ’’ H R 6395—939 h ANNUAL ASSESSMENT OF THE DISPUTE RESOLUTION PROCESS —Paragraph 10 of section 2884 c of title 10 United States Code is amended to read as follows ‘‘ 10 An assessment of the dispute resolution process under section 2894 c of this title which shall include a list of dispute resolution cases by installation and the final outcome of each case ’’ i PAYMENT AUTHORITY —Section 606 a of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 10 U S C 2871 note as amended by section 3036 of the Military Construction Authorization Act for Fiscal Year 2020 division B of Public Law 116–92 133 Stat 1938 is further amended— 1 in paragraph 1 A by inserting ‘‘monthly’’ before ‘‘payments’’ 2 in paragraph 2 A by striking ‘‘payments to’’ and all that follows through ‘‘subparagraph C ’’ and inserting ‘‘monthly payments under such terms and in such amounts as determined by the Secretary to one of more lessors responsible for underfunded MHPI housing projects identified pursuant to subparagraph C under the jurisdiction of the Secretary’’ and 3 in paragraph 3 B by inserting ‘‘that’’ before ‘‘require’’ j SUSPENSION OF RESIDENT ENERGY CONSERVATION PROGRAM —Section 3063 b of the Military Construction Authorization Act for Fiscal Year 2020 division B of Public Law 116–92 133 Stat 1947 10 U S C 2867 note is amended— 1 by inserting ‘‘covered by a program suspended under subsection a ’’ after ‘‘privatized military housing’’ the first place it appears and 2 by striking ‘‘on the installation military housing unit’’ k CLERICAL AMENDMENTS — 1 CHIEF HOUSING OFFICER — A ADDITION —The table of sections at the beginning of subchapter III of chapter 169 of title 10 United States Code is amended by inserting after the item relating to section 2851 the following new item ‘‘2851a Supervision of military housing by Chief Housing Officer ’’ B REPEAL —The table of sections at the beginning of subchapter V of chapter 169 of title 10 United States Code is amended by striking the item relating to section 2890a 2 DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION —The table of sections at the beginning of subchapter V of chapter 169 of title 10 United States Code is amended by striking the item relating to section 2892b and inserting the following new item ‘‘2892b Prohibition on requirement to disclose personally identifiable information in requests for certain maintenance ’’ SEC 2812 REPEAL OF AUTHORITY TO LEASE SUBSTANDARD FAMILY HOUSING UNITS TO MEMBERS OF THE UNIFORMED SERVICES a REPEAL —Section 2830 of title 10 United States Code is repealed H R 6395—940 b CLERICAL AMENDMENT —The table of sections at the beginning of subchapter II of chapter 169 of title 10 United States Code is amended by striking the item relating to section 2830 SEC 2813 EXPENDITURE PRIORITIES IN USING DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND a IN GENERAL —Section 2883 d 1 of title 10 United States Code is amended— 1 by inserting ‘‘ A ’’ after ‘‘ 1 ’’ and 2 by adding at the end the following new subparagraph ‘‘ B The Secretary of Defense shall require that eligible entities receiving amounts from the Department of Defense Family Housing Improvement Fund prioritize the use of such amounts for expenditures related to asset recapitalization operating expenses and debt payments before other program management-incentive fee expenditures In the case of asset recapitalization the primary purpose of the expenditures must be to sustain existing housing units owned or managed by the eligible entity or for which the eligible entity is otherwise responsible ’’ b EFFECTIVE DATE —The requirements set forth in subparagraph B of section 2883 d 1 of title 10 United States Code as added by subsection a shall apply to appropriate legal documents entered into or renewed on or after the date of the enactment of this Act between the Secretary of a military department and a landlord regarding privatized military housing In this subsection the terms ‘‘landlord’’ and ‘‘privatized military housing’’ have the meanings given those terms in section 3001 a of the Military Construction Authorization Act for Fiscal Year 2020 division B of Public Law 116–92 133 Stat 1916 10 U S C 2821 note SEC 2814 AVAILABILITY OF INFORMATION REGARDING ASSESSMENT OF PERFORMANCE METRICS FOR CONTRACTS FOR PROVISION OR MANAGEMENT OF PRIVATIZED MILITARY HOUSING a AVAILABILITY OF PERFORMANCE METRICS ASSESSMENTS METHOD OF PROVIDING —Section 2891c b of title 10 United States Code is amended— 1 in the subsection heading by inserting ‘‘PERFORMANCE METRICS AND’’ before ‘‘USE OF INCENTIVE FEES’’ and 2 in paragraph 1 by striking ‘‘shall publish on a publicly accessible website information’’ and inserting the following ‘‘shall make available upon request of a tenant at the applicable installation housing office the following ‘‘ A An assessment of the indicators underlying the performance metrics for each contract for the provision or management of housing units to ensure such indicators adequately measure the condition and quality of each housing unit covered by the contract ‘‘ B Information’’ b DESCRIPTION OF INDICATORS UNDERLYING PERFORMANCE METRICS —Section 2891c b of title 10 United States Code is further amended— 1 by redesignating paragraph 2 as paragraph 3 and 2 by inserting after paragraph 1 the following new paragraph 2 ‘‘ 2 A For purposes of paragraph 1 A the indicators underlying the performance metrics for a contract for the provision or H R 6395—941 management of housing units shall measure at a minimum the following ‘‘ i Tenant satisfaction ‘‘ ii Maintenance management ‘‘ iii Safety ‘‘ iv Financial management ‘‘ B An assessment required to be made available under paragraph 1 A shall include a detailed description of each indicator underlying the performance metrics including the following information ‘‘ i The limitations of available survey data ‘‘ ii How tenant satisfaction and maintenance management is calculated ‘‘ iii Whether any relevant data is missing ’’ c CONFORMING AMENDMENTS —Paragraph 3 of section 2891c b of title 10 United States Code as redesignated by subsection b 1 is amended— 1 by striking ‘‘paragraph 1 ’’ and inserting ‘‘paragraph 1 B ’’ and 2 by striking ‘‘each contract’’ and inserting ‘‘each contract for the provision or management of housing units’’ d CLERICAL AMENDMENTS — 1 SECTION HEADING —The heading of section 2891c of title 10 United States Code is amended to read as follows ‘‘§ 2891c Transparency regarding finances and performance metrics’’ 2 TABLE OF SECTIONS —The table of sections at the beginning of subchapter V of chapter 169 of title 10 United States Code is amended by striking the item relating to section 2891c and inserting the following new item ‘‘2891c Transparency regarding finances and performance metrics ’’ SEC 2815 REQUIREMENT THAT SECRETARY OF DEFENSE IMPLEMENT RECOMMENDATIONS RELATING TO MILITARY FAMILY HOUSING CONTAINED IN REPORT BY INSPECTOR GENERAL OF DEPARTMENT OF DEFENSE Not later than 90 days after the date of the enactment of this Act the Secretary of Defense shall implement the recommendations of the Inspector General of the Department of Defense contained in the report of the Inspector General dated April 30 2020 and entitled ‘‘Evaluation of the DoD’s Management of Health and Safety Hazards in Government-Owned and Government-Controlled Military Family Housing’’ SEC 2816 PROMULGATION OF GUIDANCE TO FACILITATE RETURN OF MILITARY FAMILIES DISPLACED FROM PRIVATIZED MILITARY HOUSING a GUIDANCE REQUIRED —The Secretary of Defense shall promulgate guidance for commanders of military installations and installation housing management offices to assist such commanders and offices in facilitating and managing the relocation and return of tenants of privatized military housing when tenants are displaced from such housing— 1 as a result of an environmental hazard or other damage adversely affecting the habitability of the privatized military housing or H R 6395—942 2 during remediation or repair activities in response to the hazard or damages b FINANCIAL IMPACT OF DISPLACEMENT —As part of the promulgation of the guidance the Secretary of Defense shall consider— 1 the extent to which displaced tenants of privatized military housing under the circumstances described in subsection a incur relocation per diem or similar expenses as a direct result of such displacement that are not covered by a landlord insurance or claims process and 2 the feasibility of providing reimbursement for uncovered expenses c CONSULTATION —The Secretary of Defense shall promulgate the guidance in consultation with the Secretaries of the military departments the Chief Housing Officer landlords and other interested persons d IMPLEMENTATION —The Secretaries of the military departments shall be responsible for implementation of the guidance at military installations under the jurisdiction of the Secretary concerned while recognizing that the guidance cannot anticipate every situation in which tenants of privatized military housing must be displaced from such housing under the circumstances described in subsection a e DEFINITIONS —In this section the terms ‘‘landlord’’ ‘‘privatized military housing’’ and ‘‘tenant’’ have the meanings given those terms in section 3001 a of the Military Construction Authorization Act for Fiscal Year 2020 division B of Public Law 116–92 133 Stat 1916 10 U S C 2821 note SEC 2817 PROMULGATION OF GUIDANCE ON RELOCATION OF RESIDENTS OF MILITARY HOUSING IMPACTED BY PRESENCE OF MOLD As part of the process developed by the Secretary of Defense pursuant to section 3053 of the Military Construction Authorization Act for Fiscal Year 2020 division B of Public Law 116–92 133 Stat 1943 10 U S C 2821 note to identify record and resolve environmental health hazards in military housing the Secretary shall promulgate guidance regarding situations in which the presence of mold in a unit of housing under the jurisdiction of the Department of Defense including privatized military housing is an emergency situation requiring the relocation of the residents of the unit 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 GOVERNMENTCONTROLLED MILITARY FAMILY HOUSING a UNIFORM CODE OF BASIC STANDARDS FOR MILITARY HOUSING —The Secretary of Defense shall expand the uniform code of basic housing standards for safety comfort and habitability for privatized military housing established pursuant to section 3051 a of the Military Construction Authorization Act for Fiscal Year 2020 division B of Public Law 116–92 133 Stat 1941 10 U S C 2871 note to include Government-owned and Governmentcontrolled military family housing located inside or outside the United States and occupied by members of the Armed Forces H R 6395—943 b INSPECTION AND ASSESSMENT PLAN —The Secretary of Defense shall expand the Department of Defense housing inspection and assessment plan prepared pursuant to section 3051 b of the Military Construction Authorization Act for Fiscal Year 2020 division B of Public Law 116–92 133 Stat 1941 10 U S C 2871 note to include Government-owned and Government-controlled military family housing located inside or outside the United States and occupied by members of the Armed Forces and commence inspections and assessments of such military family housing pursuant to the plan 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 a AUTHORITY TO ACCEPT PERSONAL PROPERTY SUBJECT TO CONDITION —Section 2601 e of title 10 United States Code is amended— 1 in the subsection heading by striking ‘‘REAL’’ 2 in paragraph 1 by inserting ‘‘or personal’’ after ‘‘real’’ both places it appears and 3 in paragraph 3 B by inserting ‘‘or personal’’ after ‘‘real’’ b ELIGIBLE RECIPIENTS —Section 2601 e of title 10 United States Code is further amended— 1 in paragraph 1 by striking ‘‘the United States Military Academy the Naval Academy the Air Force Academy or the Coast Guard Academy’’ and inserting ‘‘an eligible entity’’ and 2 by adding at the end the following new paragraph ‘‘ 5 In this subsection the term ‘eligible entity’ means each of the following ‘‘ A The United States Military Academy the Naval Academy the Air Force Academy and the Coast Guard Academy ‘‘ B The professional military education schools listed in section 2162 d of this title and the Defense Acquisition University ‘‘ C A military museum ’’ SEC 2822 CODIFICATION OF REPORTING REQUIREMENTS REGARDING UNITED STATES OVERSEAS MILITARY ENDURING LOCATIONS AND CONTINGENCY LOCATIONS a INCLUSION OF INFORMATION IN EXISTING ANNUAL REPORT — Section 2687a a of title 10 United States Code is amended— 1 in the subsection heading by striking ‘‘MASTER PLANS’’ and inserting ‘‘OVERSEAS MILITARY LOCATIONS’’ 2 in paragraph 1 by striking subparagraph B and inserting the following new subparagraph ‘‘ B the status of overseas military locations whether such a location is designated as an enduring location or contingency location ’’ and 3 by striking paragraph 2 and inserting the following new paragraphs H R 6395—944 ‘‘ 2 To satisfy the reporting requirement specified in paragraph 1 B a report under paragraph 1 shall contain the following ‘‘ A A list of overseas military locations For any overseas military location established during the previous fiscal year the reasons for the establishment of the overseas military location ‘‘ B A description of the strategic goal and operational requirements supported by each overseas military location ‘‘ C A list of each construction or facility improvement project carried out by the Department of Defense regardless of the funding source and each construction or facility improvement project accepted as a payment-in-kind at overseas military locations during the previous fiscal year if the construction or facility improvement project was not specifically authorized in a Military Construction Authorization Act or congressional notice of the construction or facility improvement project was not provided by another means Each construction or facility improvement project on the list shall be delineated by project location project title or description project cost including costs covered by the host country and authority used to undertake the project ‘‘ D For each overseas military location first designated as an enduring location in one of the previous two required reports a list of required construction and facility improvement projects anticipated to be carried out by the Department of Defense directly or through the acceptance of payments-inkind during the fiscal year in which the report is submitted and the next four fiscal years Each construction or facility improvement project on the list shall be delineated by project location project title or description estimated project cost including costs anticipated to be covered by the host country and authority to be used to undertake the project ‘‘ E An overview of any annual lease or access costs to the United States for each overseas military location designated as an enduring location ‘‘ F A description of any plans to transition an existing contingency overseas military location to an enduring overseas military location or to upgrade or downgrade the designation of an existing enduring or contingency overseas military location during the fiscal year in which the report is submitted ‘‘ G A list of any overseas military locations that during the previous fiscal year were transferred to the control of security forces of the host country or another military force closed or for any other reason no longer used by the armed forces including a summary of any costs associated with the transfer or closure of the overseas military location ‘‘ H A summary of any force protection risks identified for cooperative security locations and contingency locations the actions proposed to mitigate such risks and the resourcing and implementation plan to implement the mitigation actions ‘‘ I Such other such matters related to overseas military locations as the Secretary of Defense considers appropriate ‘‘ 3 In this subsection ‘‘ A i The term ‘overseas military location’ covers both enduring locations and contingency locations established outside the United States H R 6395—945 ‘‘ ii An enduring location is primarily characterized either by the presence of permanently assigned United States forces with robust infrastructure and quality of life amenities to support that presence by the sustained presence of allocated United States forces with infrastructure and quality of life amenities consistent with that presence or by the periodic presence of allocated United States forces with little or no permanent United States military presence or controlled infrastructure Enduring locations include main operating bases forward operating sites and cooperative security locations ‘‘ iii A contingency location refers to a location outside of the United States that is not covered by subparagraph B but that is used by United States forces to support and sustain operations during named and unnamed contingency operations or other operations as directed by appropriate authority and is categorized by mission life-cycle requirements as initial temporary or semi-permanent ‘‘ B i The term ‘construction or facility improvement project’ includes any construction development conversion or extension of a building structure or other improvement to real property carried out at an overseas military location whether to satisfy temporary or permanent requirements and any acquisition of land for an overseas military location ‘‘ ii The term does not include repairs to a building structure or other improvement to real property unless the building structure or other improvement cannot effectively be used for its designated functional purpose in the absence of the repairs ‘‘ 4 The Secretary of Defense shall prepare the report under paragraph 1 in coordination with the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition and Sustainment ‘‘ 5 A report under paragraph 1 shall be submitted in unclassified form but may contain a classified annex as necessary ’’ b CONFORMING AND CLERICAL AMENDMENTS — 1 CONFORMING AMENDMENTS —Section 2687a e 2 of title 10 United States Code is amended by striking ‘‘host nation’’ both places it appears and inserting ‘‘host country’’ 2 SECTION HEADING —The heading of section 2687a of title 10 United States Code is amended to read as follows ‘‘§ 2687a Overseas base closures and realignments and status of United States overseas military locations’’ 3 TABLE OF SECTIONS —The table of sections at the beginning of chapter 159 of title 10 United States Code is amended by striking the item relating to section 2687a and inserting the following new item ‘‘2687a Overseas base closures and realignments and status of United States overseas military locations ’’ c TEMPORARY CONTINUATION OF SUPERCEDED REPORTING REQUIREMENT —Until the Secretary of Defense submits the first report required by section 2687a a of title 10 United States Code that includes the information required by paragraph 2 of such section as added by subsection a the Secretary of Defense shall continue to prepare and submit the report required by section 2816 of the Military Construction Authorization Act for Fiscal Year 2016 division B of Public Law 114–92 129 Stat 1176 notwithstanding the expiration of such reporting requirement H R 6395—946 SEC 2823 PROMOTION OF ENERGY RESILIENCE AND ENERGY SECURITY IN PRIVATIZED UTILITY SYSTEMS a UTILITY PRIVATIZATION CONTRACT RENEWALS —Section 2688 d 2 of title 10 United States Code is amended— 1 in the first sentence by inserting ‘‘or the renewal of such a contract’’ after ‘‘paragraph 1 ’’ 2 in the second sentence by striking ‘‘the contract ’’ and inserting ‘‘the contract or contract renewal ’’ and 3 by adding at the end the following new sentence ‘‘A renewal of a contract pursuant to this paragraph may be entered into only within the last five years of the existing contract term ’’ b AVAILABILITY OF ERCIP FUNDS FOR PRIVATIZED UTILITY SYSTEM ACTIVITIES —Section 2914 of title 10 United States Code as amended by section 2805 is further amended— 1 by redesignating subsection c as subsection d and 2 by inserting after subsection b the following new subsection c ‘‘ c RELATION TO CERTAIN OTHER AUTHORITIES —A project under this section may include— ‘‘ 1 activities related to a utility system authorized under subsections h j and k of section 2688 or section 2913 of this title notwithstanding that the United States does not own the utility system covered by the project and ‘‘ 2 energy-related activities included as a separate requirement in an energy savings performance contract as defined in section 804 3 of the National Energy Conservation Policy Act 42 U S C 8287c 3 ’’ SEC 2824 VESTING EXERCISE OF DISCRETION WITH SECRETARIES OF THE MILITARY DEPARTMENTS REGARDING ENTERING INTO LONGER-TERM CONTRACTS FOR UTILITY SERVICES Section 2688 d 2 of title 10 United States Code as amended by section 2823 is further amended in the first sentence— 1 by striking ‘‘The Secretary of Defense or the designee of the Secretary ’’ and inserting ‘‘The Secretary concerned’’ and 2 by striking ‘‘if the Secretary’’ and inserting ‘‘if the Secretary concerned’’ SEC 2825 USE OF ON-SITE ENERGY PRODUCTION TO PROMOTE MILITARY INSTALLATION ENERGY RESILIENCE AND ENERGY SECURITY a PROMOTION OF ON-SITE ENERGY SECURITY AND ENERGY RESILIENCE —Section 2911 of title 10 United States Code is amended by adding at the end the following new subsection ‘‘ h PROMOTION OF ON-SITE ENERGY SECURITY AND ENERGY RESILIENCE — 1 Consistent with the energy security and resilience goals of the Department of Defense and the energy performance master plan referred to in this section the Secretary concerned shall consider when feasible projects for the production of installation energy that benefits military readiness and promotes installation energy security and energy resilience in the following manner ‘‘ A Location of the energy-production infrastructure on the military installation that will consume the energy ‘‘ B Incorporation of energy resilience features such as microgrids to ensure that energy remains available to the H R 6395—947 installation even when the installation is not connected to energy sources located off the installation ‘‘ C Reduction in periodic refueling needs from sources off the installation to not more than once every two years ‘‘ 3 In this subsection the term ‘microgrid’ means an integrated energy system consisting of interconnected loads and energy resources that if necessary can be removed from the local utility grid and function as an integrated stand-alone system ’’ b EVALUATION OF FEASIBILITY OF EXPANDING USE OF ONSITE ENERGY PRODUCTION — 1 PROJECTS AUTHORIZED —Subsection h of section 2911 of title 10 United States Code as added by subsection a is amended by inserting after paragraph 1 the following new paragraph ‘‘ 2 A Using amounts made available for military construction projects under section 2914 of this title the Secretary of Defense shall carry out at least four projects to promote installation energy security and energy resilience in the manner described in paragraph 1 ‘‘ B At least one project shall be designed to develop technology that demonstrates the ability to connect an existing on-site energy generation facility that uses solar power with one or more installation facilities performing critical missions in a manner that allows the generation facility to continue to provide electrical power to these facilities even if the installation is disconnected from the commercial power supply ‘‘ C At least one project shall be designed to develop technology that demonstrates that one or more installation facilities performing critical missions can be isolated for purposes of electrical power supply from the remainder of the installation and from the commercial power supply in a manner that allows an on-site energy generation facility that uses a renewable energy source other than solar energy to provide the necessary power exclusively to these facilities ‘‘ D At least two projects shall be designed to develop technology that demonstrates the ability to store sufficient electrical energy from an on-site energy generation facility that uses a renewable energy source to provide the electrical energy required to continue operation of installation facilities performing critical missions during nighttime operations ‘‘ E The authority of the Secretary of Defense to commence a project under this paragraph expires on September 30 2025 ’’ 2 BRIEFING —Not later than March 1 2021 the Secretary of Defense shall brief the congressional defense committees regarding the plan to carry out the on-site energy production projects authorized by paragraph 2 of section 2911 h of title 10 United States Code as added by paragraph 1 SEC 2826 IMPROVED ELECTRICAL METERING OF DEPARTMENT OF DEFENSE INFRASTRUCTURE SUPPORTING CRITICAL MISSIONS a OPTIONS TO IMPROVE ELECTRICAL METERING —The Secretary of Defense and the Secretaries of the military departments shall improve the metering of electrical energy usage of covered defense structures to accurately determine energy consumption by such a structure to increase energy efficiency and improve energy H R 6395—948 resilience using any combination of the options specified in subsection b or such other methods as the Secretary concerned considers practicable b METERING OPTIONS —Electrical energy usage options to be considered for a covered defense structure include the following 1 Installation of a smart meter at the electric power supply cable entry point of the covered defense structure with remote data storage and retrieval capability using cellular communication to provide historical energy usage data on an hourly basis to accurately determine the optimum cost effective energy efficiency and energy resilience measures for the covered defense structure 2 Use of an energy usage audit firm to individually meter the covered defense structure using clamp-on meters and data storage to provide year–long electric energy load profile data particularly in the case of a covered defense structure located in climates with highly variable use based on weather or temperature changes to accurately identify electric energy usage demand for both peak and off peak periods for a covered defense structure 3 Manual collection and calculation of the connected load via nameplate data survey of all the connected electrical devices for the covered defense structure and comparison of such data to the designed maximum rating of the incoming electric supply to determine the maximum electrical load for the covered defense structure c CYBERSECURITY —The Secretary of Defense and the Secretaries of the military departments shall consult with the Chief Information Officer of the Department of Defense to ensure that the electrical energy metering options considered under subsection b do not compromise the cybersecurity of Department of Defense networks d CONSIDERATION OF PARTNERSHIPS —The Secretary of Defense and the Secretaries of the military departments shall consider the use of arrangements known as public-private partnerships with appropriate entities outside the Government to reduce the cost of carrying out this section e DEFINITIONS —In this section 1 The term ‘‘covered defense structure’’ means any infrastructure under the jurisdiction of the Department of Defense inside the United States that the Secretary of Defense or the Secretary of the military department concerned determines— A is used to support a critical mission of the Department and B is located at a military installation with basewide resilient power 2 The term ‘‘energy resilience’’ has the meaning given that term in section 101 e 6 of title 10 United States Code f IMPLEMENTATION REPORT —As part of the Department of Defense energy management report to be submitted under section 2925 of title 10 United States Code during fiscal year 2022 the Secretary of Defense shall include information on the progress being made to comply with the requirements of this section H R 6395—949 SEC 2827 IMPROVING WATER MANAGEMENT AND SECURITY ON MILITARY INSTALLATIONS a RISK-BASED APPROACH TO INSTALLATION WATER MANAGEMENT AND SECURITY — 1 GENERAL REQUIREMENT —The Secretary concerned shall adopt a risk-based approach to water management and security for each military installation under the jurisdiction of the Secretary 2 IMPLEMENTATION PRIORITIES —The Secretary concerned shall begin implementation of paragraph 1 by prioritizing those military installations under the jurisdiction of the Secretary that the Secretary determines— A are experiencing the greatest risks to sustainable water management and security and B face the most severe existing or potential adverse impacts to mission assurance as a result of such risks 3 DETERMINATION METHOD —Determinations under paragraph 2 shall be made on the basis of the water management and security assessments made by the Secretary concerned under subsection b b WATER MANAGEMENT AND SECURITY ASSESSMENTS — 1 ASSESSMENT METHODOLOGY —The Secretaries concerned acting jointly shall develop a methodology to assess risks to sustainable water management and security and mission assurance 2 ELEMENTS —Required elements of the assessment methodology shall include the following A An evaluation of the water sources and supply connections for a military installation including water flow rate and extent of competition for the water sources B An evaluation of the age condition and jurisdictional control of water infrastructure serving the military installation C An evaluation of the military installation’s watersecurity risks related to drought-prone climates impacts of defense water usage on regional water demands water quality and legal issues such as water rights disputes D An evaluation of the resiliency of the military installation’s water supply and the overall health of the aquifer basin of which the water supply is a part including the robustness of the resource redundancy and ability to recover from disruption E An evaluation of existing water metering and consumption at the military installation considered at a minimum— i by type of installation activity such as training maintenance medical housing and grounds maintenance and landscaping and ii by fluctuations in consumption including peak consumption by quarter c EVALUATION OF INSTALLATIONS FOR POTENTIAL NET ZERO WATER USAGE — 1 EVALUATION REQUIRED —The Secretary concerned shall conduct an evaluation of each military installation under the jurisdiction of the Secretary to determine the potential for the military installation or at a minimum certain installation activities to achieve net zero water usage H R 6395—950 2 ELEMENTS —Required elements of each evaluation shall include the following A An evaluation of alternative water sources to offset use of freshwater including water recycling and harvested rainwater for use as non-potable water B An evaluation of the feasibility of implementing Department of Energy guidelines for net zero water usage when practicable to minimize water consumption and wastewater discharge in buildings scheduled for renovation C An evaluation of the practicality of implementing net zero water usage technology into new construction in water-constrained areas as determined by water management and security assessments conducted under subsection b d IMPROVED LANDSCAPING MANAGEMENT PRACTICES — 1 LANDSCAPING MANAGEMENT —The Secretary concerned shall implement to the maximum extent practicable at each military installation under the jurisdiction of the Secretary landscaping management practices to increase water resilience and ensure greater quantities of water availability for operational training and maintenance requirements 2 ARID OR SEMI-ARID CLIMATES —For military installations located in arid or semi-arid climates landscaping management practices shall include the use of xeriscaping 3 NON-ARID CLIMATES —For military installations located in non-arid climates landscaping management practices shall include the use of plants common to the region in which the installation is located and native grasses and plants 4 POLLINATOR CONSERVATION REFERENCE GUIDE —The Secretary concerned shall follow the recommendations of the Department of Defense Pollinator Conservation Reference Guide September 2018 to the maximum extent practicable in order to reduce operation and maintenance costs related to landscaping management while improving area management Consistent with such guide in the preparation of a military installation landscaping plan the Secretary concerned should consider the following A Adding native flowering plants to sunny open areas and removing overhanging tree limbs above open patches within forested areas or dense shrub B Removing or controlling invasive plants to improve pollinator habitat C Preserving known and potential pollinator nesting and overwintering sites D Eliminating or minimizing pesticide use in pollinator habitat areas E Mowing in late fall or winter after plants have bloomed and set seed adjusting timing to avoid vulnerable life stages of special status pollinators F Mowing mid-day when adult pollinators can avoid mowing equipment e IMPLEMENTATION REPORT — 1 REPORT REQUIRED —Not later than one year after the date of the enactment of this Act the Secretary of Defense in coordination with the other Secretaries concerned shall submit to the Committees on Armed Services of the Senate H R 6395—951 and the House of Representatives a report on the progress made in implementing this section 2 REPORT ELEMENTS —The report shall include the following A The methodology developed under subsection b to conduct water management and security assessments B A list of the military installations that have been assessed using such methodology and a description of the findings C A list of planned assessments for the one-year period beginning on the date of the submission of the report D An evaluation of the progress made on implementation of xeriscaping and other regionally appropriate landscaping practices at military installations f DEFINITIONS —In this section 1 The term ‘‘net zero water usage’’ with respect to a military installation or installation activity means a situation in which the combination of limitations on the consumption of water resources and the return of water to an original water source by the installation or activity is sufficient to prevent any reduction in the water resources of the area in both quantity and quality over a reasonable period of time 2 The terms ‘‘Secretary concerned’’ and ‘‘Secretary’’ mean the Secretary of a military department and the Secretary of Defense with respect to the Pentagon Reservation 3 The term ‘‘xeriscaping’’ means landscape design that emphasizes low water use and drought-tolerant plants that require little or no supplemental irrigation SEC 2828 PROHIBITION RELATING TO CLOSURE OR RETURN TO HOST NATION OF EXISTING MILITARY INSTALLATIONS INFRASTRUCTURE OR REAL PROPERTY IN EUROPE a PROHIBITION ON CLOSURE OR RETURN —Except as provided by subsection b the Secretary of Defense shall not implement any activity that closes or returns to the host nation any military installation infrastructure or real property in Europe that as of the date of enactment of this Act is under the operational control of the Department of Defense or a military department and is utilized by the United States Armed Forces b WAIVER AND EXCEPTION —The Secretary of Defense may waive the prohibition under subsection a if the Secretary certifies to the congressional defense committees that there is no longer a foreseeable need for the military installation infrastructure or real property or a portion of the military installation in the case of a partial closure and return of a military installation to support a permanent or rotational United States military presence in the European theater Subtitle D—Land Conveyances SEC 2831 LAND CONVEYANCE CAMP NAVAJO ARIZONA a CONVEYANCE AUTHORIZED —The Secretary of the Army may convey without consideration to the State of Arizona Department of Emergency and Military Affairs in this section referred to as the ‘‘State’’ all right title and interest of the United States in H R 6395—952 and to a parcel of real property including any improvements thereon consisting of not more than 3 000 acres at Camp Navajo Arizona for the purpose of permitting the State to use the property— 1 for training the Arizona Army National Guard and Air National Guard and 2 for defense industrial base economic development purposes that are compatible with the environmental security and primary National Guard training purpose of Camp Navajo b CONDITION OF CONVEYANCE — 1 USE OF REVENUES —The authority of the Secretary of the Army to make the conveyance described in subsection a is subject to the condition that the State agree that all revenues generated from the use of the property conveyed under such subsection will be used to support the training requirements of the Arizona Army National Guard and Air National Guard including necessary infrastructure maintenance and capital improvements 2 AUDIT —The United States Property and Fiscal Office for Arizona shall— A conduct periodic audits of all revenues generated by uses of the conveyed property and the use of such revenues and B provide the audit results to the Chief of the National Guard Bureau c REVERSIONARY INTEREST — 1 INTEREST RETAINED —If the Secretary of the Army determines at any time that the property conveyed under subsection a is not being used in accordance with the purposes of the conveyance specified in such subsection or that the State has not complied with the condition imposed by subsection b all right title and interest in and to the conveyed property including any improvements thereon shall at the option of the Secretary revert to and become the property of the United States and the United States shall have the right of immediate entry onto the property 2 DETERMINATION —A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing d ALTERNATIVE CONSIDERATION OPTION — 1 CONSIDERATION OPTION —In lieu of exercising the reversionary interest retained under subsection c the Secretary of the Army may accept an offer by the State to pay to the United States an amount equal to the fair market value of the property conveyed under subsection a excluding the value of any improvements on the conveyed property constructed without Federal funds after the date of the conveyance is completed as determined by the Secretary 2 TREATMENT OF CONSIDERATION RECEIVED —Consideration received by the Secretary under paragraph 1 shall be deposited in the special account in the Treasury established for the Secretary under subsection e of section 2667 of title 10 United States Code and shall be available to the Secretary for the same uses and subject to the same limitations as provided in that section e PAYMENT OF COSTS OF CONVEYANCE — H R 6395—953 1 PAYMENT REQUIRED —The Secretary of the Army shall require the State to cover costs to be incurred by the Secretary or to reimburse the Secretary for such costs incurred by the Secretary to carry out the conveyance under subsection a including survey costs costs for environmental documentation related to the conveyance and any other administrative costs related to the conveyance If amounts are collected from the State in advance of the Secretary incurring the actual costs and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance the Secretary shall refund the excess amount to the State 2 TREATMENT OF AMOUNTS RECEIVED —Amounts received as reimbursement under paragraph 1 shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or if the period of availability for obligations for that appropriation has expired to the fund or account currently available to the Secretary for the same purpose Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes and subject to the same conditions and limitations as amounts in such fund or account f DESCRIPTION OF PROPERTY —The exact acreage and legal description of the property to be conveyed under subsection a shall be determined by a survey satisfactory to the Secretary of the Army g SAVINGS PROVISION —Nothing in this section shall be construed to alleviate alter or affect the responsibility of the United States for cleanup and remediation of the property to be conveyed under subsection a in accordance with the Defense Environmental Restoration Program under section 2701 of title 10 United States Code and the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 U S C 9601 et seq h ADDITIONAL TERMS AND CONDITIONS —The Secretary of the Army may require such additional terms and conditions in connection with the conveyance under subsection a as the Secretary considers appropriate to protect the interests of the United States These additional terms may include a requirement for the State to consult with the Secretary of the Navy regarding use of the conveyed property SEC 2832 MODIFICATION OF LAND EXCHANGE INVOLVING NAVAL INDUSTRIAL RESERVE ORDNANCE PLANT SUNNYVALE CALIFORNIA a ELEMENTS OF EXCHANGE —Section 2841 a of the Military Construction Authorization Act for Fiscal Year 2018 division B of Public Law 115–91 131 Stat 1860 is amended by striking paragraphs 1 and 2 and inserting the following new paragraphs ‘‘ 1 real property including improvements thereon located in Titusville Florida that will replace the NIROP and meet the readiness requirements of the Department of the Navy as determined by the Secretary and ‘‘ 2 reimbursement for the costs of relocation of contractor and Government personnel and equipment from the NIROP to the replacement facilities to the extent specified in the land exchange agreement contemplated in subsection b ’’ b ELEMENTS OF LAND EXCHANGE AGREEMENT —Section 2841 b 1 of the Military Construction Authorization Act for Fiscal H R 6395—954 Year 2018 division B of Public Law 115–91 131 Stat 1860 is amended by inserting after ‘‘identifies’’ the following ‘‘the costs of relocation to be reimbursed by the Exchange Entity ’’ c VALUATION OF PROPERTIES AND COMPENSATION —Section 2841 of the Military Construction Authorization Act for Fiscal Year 2018 division B of Public Law 115–91 131 Stat 1860 is amended— 1 by striking subsection c 2 by redesignating subsections d through i as subsections e through j respectively and 3 by inserting after subsection b the following new subsections ‘‘ c VALUATION —The Secretary shall determine the fair market value of the properties including improvements thereon to be exchanged by the Secretary and the Exchange Entity under subsection a ‘‘ d COMPENSATION — ‘‘ 1 COMPENSATION REQUIRED —The Exchange Entity shall provide compensation under the land exchange agreement described in subsection b that is equal to or exceeds the fair market value of the NIROP as determined under subsection c ‘‘ 2 IN-KIND CONSIDERATION —As part of the compensation under the land exchange agreement the Secretary and the Exchange Entity may agree for the Exchange Entity to provide the following forms of in-kind consideration at any property or facility under the control of the Secretary ‘‘ A Alteration repair improvement or restoration including environmental restoration of property ‘‘ B Use of facilities by the Secretary ‘‘ C Provision of real property maintenance services ‘‘ D Provision of or payment of utility services ‘‘ E Provision of such other services relating to activities that will occur on the property as the Secretary considers appropriate ‘‘ 3 DEPOSIT —The Secretary shall deposit any cash payments received under the land exchange agreement other than cash payments accepted under section 2695 of title 10 United States Code in the account in the Treasury established pursuant to section 572 b of title 40 United States Code ‘‘ 4 USE OF PROCEEDS —Proceeds deposited pursuant to paragraph 3 in the account referred to in such paragraph shall be available to the Secretary in such amounts as provided in appropriations Acts for the following activities ‘‘ A Maintenance protection alternation repair improvement or restoration including environmental restoration of property or facilities ‘‘ B Payment of utilities services ‘‘ C Real property maintenance services ’’ d TREATMENT OF CERTAIN AMOUNTS RECEIVED —Subsection f of section 2841 of the Military Construction Authorization Act for Fiscal Year 2018 division B of Public Law 115–91 131 Stat 1861 as redesignated by subsection c 2 of this section is amended by striking ‘‘ a c 2 and d ’’ and inserting ‘‘ a and e ’’ e SUNSET —Subsection j of section 2841 of the Military Construction Authorization Act for Fiscal Year 2018 division B of Public Law 115–91 131 Stat 1861 as redesignated by subsection H R 6395—955 c 2 of this section is amended by striking ‘‘October 1 2023’’ and inserting ‘‘October 1 2026 if the Secretary and the Exchange Entity have not entered into a land exchange agreement described in subsection b before that date’’ SEC 2833 LAND CONVEYANCE SHARPE ARMY DEPOT LATHROP CALIFORNIA a CONVEYANCE AUTHORIZED —If the Secretary of the Army determines that no department or agency of the Federal Government will accept the transfer of a parcel of real property consisting of approximately 525 acres at Sharpe Army Depot in Lathrop California the Secretary may convey to the Port of Stockton California all right title and interest of the United States in and to the property including any improvements thereon for the purpose of permitting the Port of Stockton to use the property for the development or operation of a port facility b MODIFICATION OF PARCEL AUTHORIZED FOR CONVEYANCE — If a department or agency of the Federal Government will accept the transfer of a portion of the parcel of real property described in subsection a the Secretary of the Army shall modify the conveyance authorized by such subsection to exclude the portion of the parcel to be accepted by that department or agency c CONVEYANCE ALTERNATIVES — 1 PUBLIC BENEFIT CONVEYANCE —The Secretary of the Army may assign the real property described in subsection a to the Secretary of Transportation for conveyance under such subsection as a public benefit conveyance without monetary consideration to the Federal Government if the Port of Stockton satisfies the conveyance requirements specified in section 554 of title 40 United States Code 2 FAIR MARKET VALUE CONVEYANCE — A AMOUNT AND DETERMINATION —If the Port of Stockton fails to qualify for a public benefit conveyance under paragraph 1 and still desires to acquire the real property described in subsection a the Port of Stockton shall pay to the United States an amount that is not less than the fair market value of the property to be conveyed The Secretary of the Army shall determine the fair market value of the property using an independent appraisal based on the highest and best use of the property B DEPOSIT AND AVAILABILITY —The Secretary shall deposit cash payment received under subparagraph A in the special account in the Treasury established for that Secretary under section 2667 e of title 10 United States Code The entire amount deposited shall be available for use in accordance with paragraph 1 C of such section Paragraph 1 D of such section shall not apply to the entire amount deposited d PAYMENT OF COSTS OF CONVEYANCE — 1 PAYMENT REQUIRED —The Secretary of the Army shall require the Port of Stockton to pay costs to be incurred by the Secretary or to reimburse the Secretary for such costs incurred by the Secretary to carry out the conveyance authorized by subsection a including survey costs appraisal costs costs for environmental documentation related to the conveyance and any other administrative costs related to the conveyance H R 6395—956 2 TREATMENT OF AMOUNTS RECEIVED —Amounts received as reimbursement under paragraph 1 shall be credited to the fund or account that was used to pay the costs incurred by the Secretary in carrying out the conveyance under subsection a or if the period of availability of obligations for that appropriation has expired to the appropriations of fund that is currently available to the Secretary for the same purpose Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes and subject to the same conditions and limitations as amounts in such fund or account e DESCRIPTION OF PROPERTY —The exact acreage and legal description of the real property to be conveyed under subsection a shall be determined by a survey satisfactory to the Secretary of the Army f ADDITIONAL TERMS AND CONDITIONS —The Secretary of the Army may require such additional terms and conditions in connection with the conveyance under subsection a as the Secretary considers appropriate to protect the interests of the United States g SUNSET —If the real property authorized for conveyance by subsection a is not conveyed within one year after the date of the enactment of this Act the Secretary of the Army may report the property excess for disposal in accordance with applicable law SEC 2834 LAND EXCHANGE SAN BERNARDINO COUNTY CALIFORNIA a DEFINITIONS —In this section 1 COUNTY —The term ‘‘County’’ means the County of San Bernardino California 2 FEDERAL LAND —The term ‘‘Federal land’’ means the approximately 73 acres of Federal land generally depicted as ‘‘Federal Land Proposed for Exchange’’ on the map titled ‘‘Big Bear Land Exchange’’ and dated September 4 2020 3 NON-FEDERAL LAND —The term ‘‘non-Federal land’’ means the approximately 71 acres of land owned by the County generally depicted as ‘‘Non-Federal Land Proposed for Exchange’’ on the map referred to in paragraph 2 b EXCHANGE AUTHORIZED —Subject to valid existing rights and the terms of this section no later than one year after the date that the portion of the Pacific Crest National Scenic Trail is relocated in accordance with subsection i if the County offers to convey the non-Federal land to the United States the Secretary of Agriculture shall— 1 convey to the County all right title and interest of the United States in and to the Federal land and 2 accept from the County a conveyance of all right title and interest of the County in and to the non-Federal land c EQUAL VALUE AND CASH EQUALIZATION — 1 EQUAL VALUE EXCHANGE —The land exchange under this section shall be for equal value or the values shall be equalized by a cash payment as provided for under this subsection or an adjustment in acreage At the option of the County any excess value of the non-Federal lands may be considered a gift to the United States 2 CASH EQUALIZATION PAYMENT —The County may equalize the values of the lands to be exchanged under this section by cash payment without regard to any statutory limit on the amount of such a cash equalization payment H R 6395—957 3 DEPOSIT AND USE OF FUNDS RECEIVED FROM COUNTY — Any cash equalization payment received by the Secretary of Agriculture under this subsection shall be deposited in the fund established under Public Law 90–171 16 U S C 484a commonly known as the Sisk Act The funds so deposited shall remain available to the Secretary of Agriculture until expended for the acquisition of lands waters and interests in land for the San Bernardino National Forest d APPRAISAL —The Secretary of Agriculture shall complete an appraisal of the land to be exchanged under this section in accordance with— 1 the Uniform Appraisal Standards for Federal Land Acquisitions and 2 the Uniform Standards of Professional Appraisal Practice e TITLE APPROVAL —Title to the land to be exchanged under this section shall be in a format acceptable to the Secretary of Agriculture and the County f SURVEY OF NON-FEDERAL LANDS —Before completing the exchange under this section the Secretary of Agriculture shall inspect the non-Federal lands to ensure that the land meets Federal standards including hazardous materials and land line surveys g COSTS OF CONVEYANCE —As a condition of the conveyance of the Federal land under this section any costs related to the exchange under this section shall be paid by the County h MANAGEMENT OF ACQUIRED LANDS —The Secretary of Agriculture shall manage the non-Federal land acquired under this section in accordance with the Act of March 1 1911 16 U S C 480 et seq commonly known as the Weeks Act and other laws and regulations pertaining to National Forest System lands i PACIFIC CREST NATIONAL SCENIC TRAIL RELOCATION —No later than three years after the date of the enactment of this Act the Secretary of Agriculture in accordance with applicable laws shall relocate the portion of the Pacific Crest National Scenic Trail located on the Federal land— 1 to adjacent National Forest System land 2 to land owned by the County subject to County approval 3 to land within the Federal land subject to County approval or 4 in a manner that combines two or more of the options described in paragraphs 1 2 and 3 j MAP AND LEGAL DESCRIPTIONS —As soon as practicable after the date of the enactment of this Act the Secretary of Agriculture shall finalize a map and legal descriptions of all land to be conveyed under this section The Secretary may correct any minor errors in the map or in the legal descriptions The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Forest Service SEC 2835 LAND CONVEYANCE OVER-THE-HORIZON BACKSCATTER RADAR SYSTEM RECEIVING STATION MODOC COUNTY CALIFORNIA a CONVEYANCE REQUIRED — 1 IN GENERAL —As soon as practicable after receiving a request from Modoc County California in this section referred to as the ‘‘County’’ regarding the conveyance required H R 6395—958 by this section but subject to paragraph 2 the Secretary of Agriculture shall convey to the County all right title and interest of the United States in and to a parcel of National Forest System land including improvements thereon consisting of approximately 927 acres in Modoc National Forest in the State of California and containing an obsolete Over-the-Horizon Backscatter Radar System receiving station established on the parcel pursuant to a memorandum of agreement between the Department of the Air Force and Forest Service dated May 18 and 23 1987 2 APPLICABLE LAW AND NATIONAL SECURITY DETERMINATION —The Secretary of Agriculture shall carry out the conveyance under subsection a in accordance with this section and all other applicable law including the condition that the conveyance not take place until the Secretary in consultation with the Secretary of the Air Force determines that the conveyance will not harm the national security interests of the United States b PURPOSE OF CONVEYANCE —The purpose of the conveyance under subsection a is to preserve and utilize the improvements constructed on the parcel of National Forest System land described in such subsection and to permit the County to use the conveyed property including improvements thereon for the development of renewable energy including solar and biomass cogeneration c CONSIDERATION — 1 IN GENERAL —As consideration for the conveyance under subsection a the County shall pay to the Secretary of Agriculture an amount that is not less than the fair market value of the parcel of land to be conveyed as determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition and the Uniform Standards of Professional Appraisal Practice 2 TREATMENT OF CASH CONSIDERATION —The Secretary shall deposit the payment received under paragraph 1 in the account in the Treasury established by Public Law 90– 171 commonly known as the Sisk Act 16 U S C 484a The amount deposited shall be available to the Secretary in such amounts as may be provided in advance in appropriation Acts to pay any necessary and incidental costs incurred by the Secretary in connection with the improvement maintenance reconstruction or construction of a facility or improvement for the National Forest System located in the State of California d RESERVATION OF EASEMENT RELATED TO CONTINUED USE OF WATER WELLS —The conveyance required by subsection a shall be conditioned on the reservation of an easement by the Secretary of Agriculture subject to such terms and conditions as the Secretary deems appropriate necessary to provide access for use authorized by the Secretary of the four water wells in existence on the date of the enactment of this Act and associated water conveyance infrastructure on the parcel of National Forest System lands to be conveyed e WITHDRAWAL —The National Forest System land described in subsection a is withdrawn from the operation of the mining and mineral leasing laws of the United States f PAYMENT OF COSTS OF CONVEYANCE — H R 6395—959 1 PAYMENT REQUIRED —The Secretary of Agriculture shall require the County to cover costs except costs for environmental remediation of the property to be incurred by the Secretary or to reimburse the Secretary for such costs incurred by the Secretary to carry out the conveyance under subsection a including survey costs costs for environmental documentation and any other administrative costs related to the conveyance If amounts are collected from the County in advance of the Secretary incurring the actual costs and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance the Secretary shall refund the excess amount to the County 2 TREATMENT OF AMOUNTS RECEIVED —Amounts received as reimbursement under paragraph 1 shall be credited to the fund or account that was used to cover those costs incurred by the Secretary of Agriculture in carrying out the conveyance Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes and subject to the same conditions and limitations as amounts in such fund or account g ENVIRONMENTAL REMEDIATION — 1 IN GENERAL —To expedite the conveyance of the parcel of National Forest System land described in subsection a including improvements thereon environmental remediation of the land by the Department of the Air Force shall be limited to the removal of the perimeter wooden fence which was treated with an arsenic-based weatherproof coating and treatment of soil affected by leaching of such chemical 2 POTENTIAL FUTURE ENVIRONMENTAL REMEDIATION RESPONSIBILITIES —Notwithstanding the conveyance of the parcel of National Forest System land described in subsection a the Secretary of the Air Force shall be responsible for the remediation of any environmental contamination discovered post-conveyance that is attributed to Air Force occupancy of and operations on the parcel pre-conveyance h DESCRIPTION OF PROPERTY —The exact acreage and legal description of the property to be conveyed under subsection a shall be determined by a survey satisfactory to the Secretary of Agriculture SEC 2836 TRANSFER OF ADMINISTRATIVE JURISDICTION NAVAL SUPPORT ACTIVITY PANAMA CITY FLORIDA PARCEL a TRANSFER TO THE SECRETARY OF THE NAVY —Administrative jurisdiction over the parcel of Federal land consisting of approximately 1 23 acres located within Naval Support Activity Panama City Florida and used by the Department of the Navy pursuant to Executive Order No 10355 of May 26 1952 and Public Land Order Number 952 of April 6 1954 is transferred from the Secretary of the Interior to the Secretary of the Navy b LAND SURVEY —The exact acreage and legal description of the Federal land transferred by subsection a shall be determined by a survey satisfactory to the Secretary of the Navy and the Secretary of the Interior c CONSIDERATION AND REIMBURSEMENT — 1 NO CONSIDERATION —The transfer made by subsection a shall be without consideration H R 6395—960 2 REIMBURSEMENT —The Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior under subsection b in conducting the survey and preparing the legal description of the Federal land transferred by subsection a d STATUS OF LAND AFTER TRANSFER —Upon transfer of the Federal land by subsection a the land shall cease to be public land and shall be treated as property as defined in section 102 9 of title 40 United States Code under the administrative jurisdiction of the Secretary of the Navy SEC 2837 LEASE EXTENSION BRYAN MULTI-SPORTS COMPLEX WAYNE COUNTY NORTH CAROLINA a AUTHORITY —In the case of the existing lease with the City of Goldsboro North Carolina regarding the approximately 62-acre Bryan Multi-Sports Complex located in Wayne County North Carolina the Secretary of the Air Force may enter into an agreement with the City of Goldsboro to extend the term of the lease for the purpose of permitting the City to continue to operate a sports and recreation facility for the benefit of both the Air Force and the community b DURATION —The duration of the lease extension provided by the Secretary of the Air Force under subsection a may not exceed 30 years providing a total lease period not to exceed 50 years for the lease described in such subsection c PAYMENTS UNDER THE LEASE —The Secretary of the Air Force may waive the requirement under section 2667 b 4 of title 10 United States Code with respect to the lease extension authorized by subsection a if the Secretary determines that extension of the lease described in such subsection enhances the quality of life of members of the Armed Forces SEC 2838 LAND CONVEYANCES MILAN ARMY AMMUNITION PLANT TENNESSEE a CONVEYANCES AUTHORIZED — 1 CITY OF MILAN TENNESSEE —The Secretary of the Army may convey to the City of Milan Tennessee in this section referred to as the ‘‘City’’ all right title and interest of the United States in and to parcels of real property including any improvements thereon at Milan Army Ammunition Plant Tennessee that run parallel to Highway 45 and consist of a total of approximately 292 acres 2 UNIVERSITY OF TENNESSEE —The Secretary of the Army may convey without consideration to the University of Tennessee in this section referred to as the ‘‘University’’ all right title and interest of the United States in and to parcels of real property including any improvements thereon and parcels currently leased to the University at Milan Army Ammunition Plant that consist of a total of approximately 900 acres for the purpose of permitting the University to use the parcels for education research b CONSIDERATION — 1 AMOUNT AND DETERMINATION —As consideration for the conveyance authorized by subsection a 1 the City shall pay to the Secretary of the Army an amount that is not less than the fair market value of the property to be conveyed under such subsection as determined by an appraisal approved by the Secretary H R 6395—961 2 DEPOSIT AND AVAILABILITY —The Secretary of the Army shall deposit the cash payment received under paragraph 1 in the special account in the Treasury established for that Secretary under section 2667 e of title 10 United States Code The entire amount deposited shall be available for use in accordance with paragraph 1 C of such section Paragraph 1 D of such section shall not apply to the entire amount deposited c REVERSIONARY INTEREST — 1 INTEREST RETAINED —If the Secretary of the Army determines at any time that the property conveyed to the University under subsection a 2 is not being used in accordance with the purpose of the conveyance specified in such subsection all right title and interest in and to the conveyed property including any improvements thereon shall at the option of the Secretary revert to and become the property of the United States and the United States shall have the right of immediate entry onto the property A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing 2 ALTERNATIVE CONSIDERATION OPTION —In lieu of exercising the reversionary interest retained under paragraph 1 the Secretary of the Army may accept an offer by the University to pay to the Secretary an amount equal to the fair market value of the property conveyed under subsection a 2 excluding the value of any improvements on the conveyed property constructed without Federal funds after the date the conveyance is completed as determined by the Secretary Subsection b 2 shall apply to any cash payment received by the Secretary under this paragraph d PAYMENT OF COSTS OF CONVEYANCE — 1 CONVEYANCE TO CITY —The Secretary of the Army shall require the City to pay costs to be incurred by the Secretary or to reimburse the Secretary for such costs incurred by the Secretary to carry out the conveyance authorized by subsection a 1 including survey costs appraisal costs costs for environmental documentation related to the conveyance and any other administrative costs related to the conveyance 2 CONVEYANCE TO UNIVERSITY —The Secretary shall require the University to pay costs to be incurred by the Secretary or to reimburse the Secretary for such costs incurred by the Secretary to carry out the conveyance authorized by subsection a 2 including survey costs appraisal costs costs for environmental documentation related to the conveyance and any other administrative costs related to the conveyance 3 TREATMENT OF AMOUNTS RECEIVED —Amounts received as reimbursement under paragraphs 1 and 2 shall be credited to the fund or account that was used to pay the costs incurred by the Secretary in carrying out the conveyances under subsection a or if the period of availability of obligations for that appropriation has expired to the appropriations of fund that is currently available to the Secretary for the same purpose Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes and subject to the same conditions and limitations as amounts in such fund or account H R 6395—962 e DESCRIPTION OF PROPERTY —The exact acreage and legal description of the parcels of real property to be conveyed under subsection a shall be determined by a survey satisfactory to the Secretary of the Army f ADDITIONAL TERMS AND CONDITIONS —The Secretary of the Army may require such additional terms and conditions in connection with the conveyances authorized by subsection a as the Secretary considers appropriate to protect the interests of the United States Subtitle E—Military Land Withdrawals SEC 2841 RENEWAL OF LAND WITHDRAWAL AND RESERVATION TO BENEFIT NAVAL AIR FACILITY EL CENTRO CALIFORNIA Section 2925 of the El Centro Naval Air Facility Ranges Withdrawal Act subtitle B of title XXIX of Public Law 104–201 110 Stat 2816 is amended by striking ‘‘25 years after the date of the enactment of this subtitle’’ and inserting ‘‘on November 6 2046’’ SEC 2842 RENEWAL OF FALLON RANGE TRAINING COMPLEX LAND WITHDRAWAL AND RESERVATION Notwithstanding section 3015 of the Military Lands Withdrawal Act of 1999 title XXX of Public Law 106–65 113 Stat 892 the withdrawal and reservation of lands known as the Fallon Range Training Complex made by section 3011 a of such Act 113 Stat 885 shall terminate on November 6 2046 SEC 2843 RENEWAL OF NEVADA TEST AND TRAINING RANGE LAND WITHDRAWAL AND RESERVATION Notwithstanding section 3015 of the Military Lands Withdrawal Act of 1999 title XXX of Public Law 106–65 113 Stat 892 the withdrawal and reservation of lands known as the Nevada Test and Training Range made by section 3011 b of such Act 113 Stat 886 shall terminate on November 6 2046 SEC 2844 ESTABLISHMENT OF INTERAGENCY COMMITTEES ON JOINT USE OF CERTAIN LAND WITHDRAWN FROM APPROPRIATION UNDER PUBLIC LAND LAWS a INTERAGENCY EXECUTIVE COMMITTEE ON JOINT USE BY DEPARTMENT OF THE NAVY AND DEPARTMENT OF THE INTERIOR OF NAVAL AIR STATION FALLON RANGES —Section 3011 a of the Military Lands Withdrawal Act of 1999 Public Law 106–65 113 Stat 885 is amended by adding at the end the following new paragraph ‘‘ 5 INTERGOVERNMENTAL EXECUTIVE COMMITTEE — ‘‘ A ESTABLISHMENT —The Secretary of the Navy and the Secretary of the Interior shall jointly establish by memorandum of understanding an intergovernmental executive committee referred to in this paragraph as the ‘executive committee’ for the purpose of exchanging views information and advice relating to the management of the natural and cultural resources of the land described in paragraph 2 ‘‘ B MEMORANDUM OF UNDERSTANDING —The memorandum of understanding entered into under subparagraph A shall include— H R 6395—963 ‘‘ i a description of the officials and other individuals to be invited to participate as members in the executive committee under subparagraph C ‘‘ ii a description of the duties of the Chairperson and Vice Chairperson of the executive committee and ‘‘ iii subject to subparagraphs D and E a procedure for— ‘‘ I creating a forum to carry out the purpose described in subparagraph A ‘‘ II rotating the Chairperson of the executive committee and ‘‘ III scheduling regular meetings of the executive committee ‘‘ C MEMBERSHIP —The executive committee shall be comprised of— ‘‘ i 1 representative of the Nevada Department of Wildlife ‘‘ ii 1 representative of the Nevada Department of Conservation and Natural Resources ‘‘ iii 1 county commissioner from each of Churchill Lyon Nye Mineral and Pershing Counties Nevada ‘‘ iv 1 representative of each Indian tribe in the vicinity of the land described in paragraph 2 and ‘‘ v not more than 3 members that the Secretary of the Navy and the Secretary of the Interior jointly determine would advance the goals and objectives of the executive committee ‘‘ D CHAIRPERSON AND VICE CHAIRPERSON —The members of the executive committee shall elect from among the members— ‘‘ i 1 member to serve as Chairperson of the executive committee and ‘‘ ii 1 member to serve as Vice Chairperson of the executive committee ‘‘ E MEETINGS — ‘‘ i FREQUENCY —The executive committee shall meet not less frequently than 3 times each calendar year ‘‘ ii LOCATION —The location of the meetings of the executive committee shall rotate to facilitate ease of access for all members of the executive committee ‘‘ iii PUBLIC ACCESSIBILITY —The meetings of the executive committee shall— ‘‘ I be open to the public and ‘‘ II serve as a forum for the public to provide comments regarding the natural and cultural resources of the land described in paragraph 2 ‘‘ F CONDITIONS AND TERMS — ‘‘ i IN GENERAL —Each member of the executive committee shall serve voluntarily and without compensation ‘‘ ii TERM OF APPOINTMENT — ‘‘ I IN GENERAL —Except as provided in subclause II bb each member of the executive committee shall be appointed for a term of 4 years ‘‘ II ORIGINAL MEMBERS —Of the members initially appointed to the executive committee the H R 6395—964 Secretary of the Navy and the Secretary of the Interior shall select— ‘‘ aa 1⁄2 to serve for a term of 4 years and ‘‘ bb 1⁄2 to serve for a term of 2 years ‘‘ iii REAPPOINTMENT AND REPLACEMENT —The Secretary of the Navy and the Secretary of the Interior may reappoint or replace as appropriate a member of the executive committee if— ‘‘ I the term of the member has expired ‘‘ II the member has resigned or ‘‘ III the position held by the member has changed to the extent that the ability of the member to represent the group or entity that the member represents has been significantly affected ‘‘ G LIAISONS —The Secretary of the Navy and the Secretary of the Interior shall each appoint appropriate operational and land management personnel of the Department of the Navy and the Department of the Interior respectively to serve as liaisons to the executive committee ’’ b JOINT ACCESS AND USE BY DEPARTMENT OF THE AIR FORCE AND DEPARTMENT OF THE INTERIOR OF NEVADA TEST AND TRAINING RANGE AND DESERT NATIONAL WILDLIFE REFUGE — 1 UNITED STATES FISH AND WILDLIFE SERVICE AND DEPARTMENT OF THE AIR FORCE COORDINATION —Section 3011 b 5 of the Military Lands Withdrawal Act of 1999 Public Law 106–65 113 Stat 887 is amended by adding at the end the following new subparagraph ‘‘ G INTERAGENCY COMMITTEE — ‘‘ i IN GENERAL —The Secretary of the Interior and the Secretary of the Air Force shall jointly establish an interagency committee referred to in this subparagraph as the ‘interagency committee’ to facilitate coordination manage public access needs and requirements and minimize potential conflict between the Department of the Interior and the Department of the Air Force with respect to joint operating areas within the Desert National Wildlife Refuge ‘‘ ii MEMBERSHIP —The interagency committee shall include only the following members ‘‘ I Representatives from the United States Fish and Wildlife Service ‘‘ II Representatives from the Department of the Air Force ‘‘ III The Project Leader of the Desert National Wildlife Refuge Complex ‘‘ IV The Commander of the Nevada Test and Training Range Nellis Air Force Base ‘‘ iii REPORT TO CONGRESS —The interagency committee shall biannually submit to the Committees on Armed Services Environment and Public Works and Energy and Natural Resources of the Senate and the Committees on Armed Services and Natural Resources of the House of Representatives and make available publicly online a report on the activities of the interagency committee ’’ H R 6395—965 2 INTERGOVERNMENTAL EXECUTIVE COMMITTEE —Such section is further amended by adding at the end the following new subparagraph ‘‘ H INTERGOVERNMENTAL EXECUTIVE COMMITTEE — ‘‘ i ESTABLISHMENT —The Secretary of the Interior and the Secretary of the Air Force shall jointly establish by memorandum of understanding an intergovernmental executive committee referred to in this subparagraph as the ‘executive committee’ in accordance with this subparagraph ‘‘ ii PURPOSE —The executive committee shall be established for the purposes of— ‘‘ I exchanging views information and advice relating to the management of the natural and cultural resources of the lands withdrawn and reserved by this section and ‘‘ II discussing and making recommendations to the interagency committee established under subparagraph G with respect to public access needs and requirements ‘‘ iii COMPOSITION —The executive committee shall comprise the following members ‘‘ I FEDERAL AGENCIES —The Secretary of the Interior and the Secretary of the Air Force shall each appoint 1 representative from an interested Federal agency ‘‘ II STATE GOVERNMENT —The Secretary of the Interior and the Secretary of the Air Force shall jointly invite 1 representative of the Nevada Department of Wildlife ‘‘ III LOCAL GOVERNMENTS —The Secretary of the Interior and the Secretary of the Air Force shall jointly invite 1 county commissioner of each of Clark Nye and Lincoln Counties Nevada ‘‘ IV TRIBAL GOVERNMENTS —The Secretary of the Interior and the Secretary of the Air Force shall jointly invite 1 representative of each Indian tribe in the vicinity of the portions of the joint use area of the Desert National Wildlife Refuge where the Secretary of the Interior exercises primary jurisdiction ‘‘ V PUBLIC —The Secretary of the Interior and the Secretary of the Air Force shall jointly invite not more than 3 private individuals who the Secretary of the Interior and the Secretary of the Air Force jointly determine would further the goals and objectives of the executive committee ‘‘ VI ADDITIONAL MEMBERS —The Secretary of the Interior and the Secretary of the Air Force may designate such additional members as the Secretary of the Interior and the Secretary of the Air Force jointly determine to be appropriate ‘‘ iv OPERATION —The executive committee shall operate in accordance with the terms set forth in the memorandum of understanding under clause i which shall specify the officials or other individuals to be H R 6395—966 invited to participate in the executive committee in accordance with clause iii ‘‘ v PROCEDURES —Subject to clauses vi and vii the memorandum of understanding under clause i shall establish procedures for— ‘‘ I creating a forum for carrying out the purpose described in clause ii ‘‘ II rotating the Chairperson of the executive committee and ‘‘ III scheduling regular meetings ‘‘ vi CHAIRPERSON AND VICE CHAIRPERSON — ‘‘ I IN GENERAL —The members of the executive committee shall elect from among the members— ‘‘ aa 1 member to serve as the Chairperson of the executive committee and ‘‘ bb 1 member to serve as the Vice Chairperson of the executive committee ‘‘ II DUTIES —The duties of each of the Chairperson and the Vice Chairperson shall be included in the memorandum of understanding under clause i ‘‘ vii MEETINGS — ‘‘ I FREQUENCY —The executive committee shall meet not less frequently than 3 times each calendar year ‘‘ II MEETING LOCATIONS —Locations of meetings of the executive committee shall rotate to facilitate ease of access for all executive committee members ‘‘ III PUBLIC ACCESSIBILITY —Meetings of the executive committee shall— ‘‘ aa be open to the public and ‘‘ bb provide a forum for the public to provide comment regarding the management of and public access to the Nevada Test and Training Range and the Desert National Wildlife Refuge ‘‘ viii CONDITIONS AND TERMS OF APPOINTMENT — ‘‘ I IN GENERAL —Each member of the executive committee shall serve voluntarily and without compensation ‘‘ II TERM OF APPOINTMENT — ‘‘ aa IN GENERAL —Each member of the executive committee shall be appointed for a term of 4 years ‘‘ bb ORIGINAL MEMBERS —Notwithstanding item aa the Secretary of the Interior and the Secretary of the Air Force shall select— ‘‘ AA 1⁄2 of the original members of the executive committee to serve for a term of 4 years and ‘‘ BB 1⁄2 of the original members of the executive committee to serve for a term of 2 years H R 6395—967 ‘‘ III REAPPOINTMENT AND REPLACEMENT — The Secretary of the Interior and the Secretary of the Air Force may reappoint or replace a member of the executive committee if— ‘‘ aa the term of the member has expired ‘‘ bb the member has resigned or ‘‘ cc the position held by the member has changed to the extent that the ability of the member to represent the group or entity that the member represents has been significantly affected ‘‘ ix LIAISONS —The Secretary of the Air Force and the Secretary of the Interior shall each appoint appropriate operational and land management personnel of the Department of the Air Force and the Department of the Interior respectively to participate in and serve as liaisons to the executive committee ’’ 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 Section 2835 e 1 of the Military Construction Authorization Act for Fiscal Year 2010 division B of Public Law 111–84 10 U S C 2687 note is amended— 1 in the paragraph heading by striking ‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’ and 2 in the matter preceding subparagraph A — A by striking ‘‘February 1 of each year’’ and inserting ‘‘February 1 2022 and every second February 1 thereafter’’ B by striking ‘‘fiscal year’’ and inserting ‘‘two fiscal years’’ C by striking ‘‘such year’’ and inserting ‘‘such years’’ and D by striking ‘‘the year’’ and inserting ‘‘the years’’ SEC 2852 ADDITIONAL EXCEPTION TO RESTRICTION ON DEVELOPMENT OF PUBLIC INFRASTRUCTURE IN CONNECTION WITH REALIGNMENT OF MARINE CORPS FORCES IN ASIAPACIFIC REGION Notwithstanding section 2821 b of the Military Construction Authorization Act for Fiscal Year 2015 division B of Public Law 113–291 10 U S C 2687 note the Secretary of Defense may proceed with the public infrastructure project on Guam intended to provide a new public health laboratory as identified in the report prepared by the Secretary of Defense under section 2822 d 2 of the Military Construction Authorization Act for Fiscal Year 2014 division B of Public Law 113–66 127 Stat 1017 and entitled ‘‘Economic Adjustment Committee Implementation Plan Supporting the Preferred Alternative for the Relocation of Marine Corps Forces to Guam’’ subject to the availability of funds for the project H R 6395—968 SEC 2853 DEVELOPMENT OF MASTER PLAN FOR INFRASTRUCTURE TO SUPPORT ROTATIONAL ARMED FORCES IN AUSTRALIA a MASTER PLAN REQUIRED —The Secretary of Defense shall develop a master plan for the construction of infrastructure required to support the rotational presence of units and members the United States Armed Forces in the Northern Territory of the Commonwealth of Australia in this section referred to as the ‘‘Northern Territory’’ b MASTER PLAN ELEMENTS —The master plan shall include the following 1 A list and description of the scope cost and schedule for each military construction repair or other infrastructure project carried out at installations or training areas in the Northern Territory since October 1 2011 2 A list and description of the scope cost and schedule for each military construction repair or other infrastructure project anticipated to be necessary at installations or training areas in the Northern Territory during the 10-year period beginning on the date of the enactment of this Act 3 For each project included in the master plan pursuant to paragraph 1 or 2 an explanation of— A whether the proponent of the project was the Secretary of a military department a combat support agency a combatant command or the Commonwealth of Australia and B the funding source or anticipated resource sponsor for the project including whether the project is funded by the United States by the Commonwealth of Australia or jointly by both countries 4 Such other issues as determined by the Secretary of Defense to be appropriate c COORDINATION —The Secretary of Defense shall coordinate with the Commander of United States Indo-Pacific Command and the Secretaries of the military departments to develop the master plan d REPORT REQUIREMENT —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 containing a copy of the master plan The report shall be submitted in unclassified form but may include a classified annex SEC 2854 BULK FUEL MANAGEMENT IN UNITED STATES INDO-PACIFIC COMMAND AREA OF RESPONSIBILITY a DESIGNATION OF RESPONSIBLE ORGANIZATIONAL ELEMENT — 1 DESIGNATION REQUIRED —The Secretary of Defense shall designate a single organizational element of the Department of Defense to be responsible for bulk fuel management and delivery throughout the United States Indo-Pacific Command Area of Responsibility 2 DEADLINE FOR DESIGNATION NOTICE —Not later than 30 days after the date of the enactment of this Act the Secretary of Defense shall make the designation required by paragraph 1 and notify the Committees on Armed Services of the Senate and the House of Representatives of the organizational element so designated b BULK FUEL MANAGEMENT STRATEGY — H R 6395—969 1 STRATEGY REQUIRED —The organizational element designated pursuant to subsection a shall prepare a bulk fuel management strategy for the United States Indo-Pacific Command Area of Responsibility designed to develop the required bulk fuel management infrastructure and programs to optimally support bulk fuel management in the United States Indo-Pacific Command Area of Responsibility 2 ADDITIONAL ELEMENTS —The strategy shall include the following additional elements A A description of current organizational responsibility of bulk fuel management in the United States IndoPacific Command Area of Responsibility from ordering storage strategic transportation and tactical transportation to the last tactical mile B A description of legacy bulk fuel management assets that can be used to support the United States IndoPacific Command C A description of current programs for platforms and weapon systems and research and development aimed at managing fuel constraints through decreasing demand c COORDINATION —The bulk fuel management strategy required by subsection b shall be prepared in coordination with subject-matter experts of the United States Indo-Pacific Command the United States Transportation Command the Defense Logistics Agency and the military departments d PROHIBITION ON CERTAIN CONSTRUCTION PENDING NOTICE —Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Navy for construction related to additional bulk fuel storage in the United States Indo-Pacific Command Area of Responsibility not more than 50 percent may be obligated or expended before the date on which the notice required by subsection a 2 is submitted Subtitle G—Authorized Pilot Programs SEC 2861 PILOT PROGRAM TO AUTHORIZE USE OF COST SAVINGS REALIZED FROM INTERGOVERNMENTAL SERVICES AGREEMENTS FOR INSTALLATION-SUPPORT SERVICES a PILOT PROGRAM REQUIRED —Section 2679 of title 10 United States Code is amended— 1 by redesignating subsection e as subsection f and 2 by inserting after subsection d the following new subsection e ‘‘ e PILOT PROGRAM FOR USE OF COST SAVINGS REALIZED — 1 Each Secretary concerned shall conduct a pilot program under which the Secretary will make available to the commander of each military installation for which cost savings are realized as a result of an intergovernmental support agreement entered into under this section an amount equal to not less than 25 percent of the amount of such cost savings for that military installation for a fiscal year ‘‘ 2 Amounts made available to an installation commander under paragraph 1 shall be used solely to address sustainment restoration and modernization requirements that have been approved by the major subordinate command or equivalent component H R 6395—970 ‘‘ 3 With respect to each military installation for which amounts are made available to the installation commander under paragraph 1 the Secretary concerned shall certify not less frequently than annually for each fiscal year of the pilot program to the congressional defense committees the following ‘‘ A The name of the installation and the amount of the cost savings achieved at the installation ‘‘ B The source and type of intergovernmental support agreement that achieved the cost savings ‘‘ C The amount of the cost savings made available to the installation commander under paragraph 1 ‘‘ D The sustainment restoration and modernization purposes for which the amount made available under paragraph 1 were used ‘‘ 4 The authority to conduct the pilot program shall expire September 30 2025 ’’ b PROMULGATION OF GUIDANCE —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall promulgate guidance for the development of the pilot program required by subsection e of section 2679 of title 10 United States Code as added by subsection a SEC 2862 DEPARTMENT OF DEFENSE PILOT PROGRAM TO EVALUATE EXPANSION OF LAND EXCHANGE AUTHORITY a PILOT PROGRAM REQUIRED —Section 2869 a of title 10 United States Code is amended by adding at the end the following new paragraph ‘‘ 3 A The Secretary of Defense shall establish a pilot program under which the Secretary concerned during the term of the pilot program may use the authority provided by paragraph 1 to also convey real property including any improvements thereon described in paragraph 2 to any person who agrees in exchange for the real property to provide— ‘‘ i installation-support services as defined in 2679 e of this title or ‘‘ ii a new facility or improvements to an existing facility ‘‘ B The acquisition of a facility or improvements to an existing facility using the authority provided by subparagraph A shall not be treated as a military construction project for which an authorization is required by section 2802 of this title ‘‘ C The expanded conveyance authority provided by subparagraph A applies only during the five-year period beginning on the date on which the Secretary of Defense issues guidance regarding the use by the Secretaries concerned of such authority ’’ b CONDITIONS ON USE OF EXPANDED CONVEYANCE AUTHORITY —Section 2869 b of title 10 United States Code is amended— 1 in paragraph 1 — A in the first sentence by striking ‘‘of the land to be’’ and inserting ‘‘of the real property installation-support services or facility or improvements to an existing facility’’ and B in the second sentence by striking ‘‘of the land is less than the fair market value of the real property to be conveyed’’ and inserting ‘‘of the real property conveyed by the Secretary concerned exceeds the fair market value H R 6395—971 of the real property installation-support services or facility or improvements received by the Secretary’’ and 2 by adding at the end the following new paragraph ‘‘ 3 The Secretary concerned may agree to accept a facility or improvements to an existing facility under subsection a 3 only if the Secretary concerned determines that the facility or improvements— ‘‘ A are completed and usable fully functional and ready for occupancy ‘‘ B satisfy all operational requirements and ‘‘ C meet all Federal State and local requirements applicable to the facility relating to health safety and the environment ’’ c ISSUANCE OF GUIDANCE —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall issue guidance providing for the implementation of the pilot program required by section 2869 a 3 of title 10 United States Code as added by this section SEC 2863 PILOT PROGRAM TO SUPPORT COMBATANT COMMAND MILITARY CONSTRUCTION PRIORITIES a PILOT PROGRAM —The Secretary of Defense shall conduct a pilot program to evaluate the usefulness of reserving a portion of the military construction funds of the military departments to help the combatant commands satisfy their military construction priorities in a timely manner b LOCATION —The Secretary of Defense shall conduct the pilot program for the benefit of the United States Indo-Pacific Command in the area of responsibility of the United States Indo-Pacific Command c REQUIRED INVESTMENT —For each fiscal year during which the pilot program is conducted the Secretary of Defense shall reserve to carry out military construction projects under the pilot program an amount equal to 10 percent of the total amount authorized to be appropriated for military construction projects by titles XXI XXII and XXIII of the Military Construction Authorization Act for that fiscal year d COMMENCEMENT AND DURATION — 1 COMMENCEMENT —The Secretary of Defense shall commence the pilot program no later than October 1 2023 The Secretary may commence the pilot program as early as October 1 2022 if the Secretary determines that compliance with the reservation of funds requirement under subsection c is practicable beginning with fiscal year 2023 2 DURATION —The pilot program shall be in effect for the fiscal year in which the Secretary commences the pilot program as described in paragraph 1 and the subsequent two fiscal years Any construction commenced under the pilot program before the expiration date may continue to completion e PROGRESS REPORT —Not later than February 15 of the final fiscal year of the pilot program the Secretary of Defense shall submit to the congressional defense committees a report evaluating the success of the pilot program in improving the timeliness of the United States Indo-Pacific Command in achieving its military construction priorities The Secretary shall include in the report— 1 an evaluation of the likely positive and negative impacts were the pilot program extended or made permanent and if H R 6395—972 extended or made permanent the likely positive and negative impacts of expansion to cover all or additional combatant commands and 2 the recommendations of the Secretary regarding whether the pilot program should be extended or made permanent and expanded SEC 2864 PILOT PROGRAM TO TEST USE OF EMERGENCY DIESEL GENERATORS IN A MICROGRID CONFIGURATION AT CERTAIN MILITARY INSTALLATIONS a PILOT PROGRAM AUTHORIZED —The Secretary of Defense may conduct a pilot program to be known as the ‘‘Emergency Diesel Generator Microgrid Program’’ to evaluate the feasibility and cost effectiveness of connecting existing diesel generators at a military installation selected pursuant to subsection c to create and support one or more microgrid configurations at the installation capable of providing full-scale electrical power for the defense critical facilities located at the installation during an emergency involving the loss of external electric power supply caused by an extreme weather condition manmade intentional infrastructure damage or other circumstance b GOALS OF PILOT PROGRAM —The goals of the Emergency Diesel Generator Microgrid Program are— 1 to test assumptions about lower operating and maintenance costs parts interchangeability lower emissions lower fuel usage increased resiliency increased reliability and reduced need for emergency diesel generators and 2 to establish design criteria that could be used to build and sustain emergency diesel generator microgrids at other military installations c PILOT PROGRAM LOCATIONS —As the locations to conduct the Emergency Diesel Generator Microgrid Program the Secretary of Defense shall select two major military installations located in different geographical regions of the United States that the Secretary determines— 1 are defense critical electric infrastructure sites or contain or are served by defense critical electric infrastructure 2 contain more than one defense critical function for national defense purposes and the mission assurance of such critical defense facilities are paramount to maintaining national defense and force projection capabilities at all times and 3 face unique electric energy supply delivery and distribution challenges that based on the geographic location of the installations and the overall physical size of the installations adversely impact rapid electric infrastructure restoration after an interruption d SPECIFICATIONS OF DIESEL GENERATORS AND MICROGRID — 1 GENERATOR SPECIFICATIONS —The Secretary of Defense shall use existing diesel generators that are sized 750kW output 2 MICROGRID SPECIFICATIONS —The Secretary of Defense shall create the microgrid using commercially available and proven designs and technologies The existing diesel generators used for the microgrid should be spaced within 1 0 to 1 5 mile of each other and using a dedicated underground electric cable network be tied into a microgrid configuration sufficient to supply mission critical facilities within the service area of H R 6395—973 the microgrid A selected military installation may contain more than one such microgrid under the Emergency Diesel Generator Microgrid Program e PROGRAM AUTHORITIES —The Secretary of Defense may use the authority under section 2914 of title 10 United States Code known as the Energy Resilience and Conservation Investment Program and energy savings performance contracts to conduct the Emergency Diesel Generator Microgrid Program f DEFINITIONS —For purposes of the Emergency Diesel Generator Microgrid Program 1 The term ‘‘defense critical electric infrastructure’’ has the meaning given that term in section 215A of the Federal Power Act 16 U S C 824o–1 2 The term ‘‘energy savings performance contract’’ has the meaning given that term in section 804 3 of the National Energy Conservation Policy Act 42 U S C 8287c 3 3 The term ‘‘existing diesel generators’’ means diesel generators located as of the date of the enactment of this Act at a major military installation selected as a location for the Emergency Diesel Generator Microgrid Program and intended for emergency use 4 The term ‘‘major military installation’’ has the meaning given that term in section 2864 of title 10 United States Code SEC 2865 PILOT PROGRAM TO AUTHORIZE ADDITIONAL MILITARY CONSTRUCTION PROJECTS FOR CHILD DEVELOPMENT CENTERS AT MILITARY INSTALLATIONS a AUTHORIZATION OF ADDITIONAL PROJECTS —Each Secretary of a military department shall conduct a pilot program under which the Secretary may carry out military construction projects for child development centers at military installations as specified in the funding table in section 4601 of a National Defense Authorization Act for a fiscal year covered by the pilot program The military construction projects authorized under the pilot program are in addition to other military construction projects authorized by this Act or other National Defense Authorization Acts for fiscal years covered by the pilot program b REPORTING REQUIREMENT AS CONDITION OF AUTHORIZATION — 1 REPORT REQUIRED —Not later than 90 days after the date of the enactment of a National Defense Authorization Act for a fiscal year covered by the pilot program the Secretary of the military department concerned shall submit to the congressional defense committees a report that describes the location title and cost together with a Department of Defense Form 1391 for each military construction project the Secretary proposes to carry out under the pilot program pursuant to that National Defense Authorization Act 2 TIMING OF AVAILABILITY OF FUNDS —No funds may be obligated or expended for a military construction project under the pilot program— A unless the project is included in a report submitted under paragraph 1 and B until the expiration of the 30-day period beginning on the date on which the Secretary concerned submits H R 6395—974 the report under paragraph 1 in which the project is included c EXPIRATION OF AUTHORIZATION —Section 2002 of a National Defense Authorization Act for a fiscal year covered by the pilot program shall apply with respect to the authorization of a military construction project carried out under the pilot program pursuant to that National Defense Authorization Act in the same manner as such section applies to the authorization of military construction projects contained in titles XXI through XXIII of that National Defense Authorization Act d COVERED FISCAL YEARS —The pilot program shall be carried out for each of fiscal years 2021 through 2025 as provided in the National Defense Authorization Act for that fiscal year SEC 2866 DEPARTMENT OF THE ARMY PILOT PROGRAM FOR DEVELOPMENT AND USE OF ONLINE REAL ESTATE INVENTORY TOOL a PILOT PROGRAM REQUIRED — 1 ESTABLISHMENT —The Secretary of the Army shall establish a pilot program for the development of an online real estate tool to identify the existing inventory of space available at the Army installations selected by the Secretary under paragraph 2 for the purposes specified in subsection b 2 SELECTION OF PILOT LOCATIONS —The Secretary shall evaluate the online inventory tool at not less than five but not more than 10 Army installations selected by the Secretary as appropriate locations for evaluation of the online inventory tool 3 CONSULTATION —The Secretary shall establish the pilot program and develop the online inventory tool in consultation with the Administrator of General Services and the Assistant Secretary of Defense for Sustainment b PURPOSES —The purposes of the online inventory tool are— 1 to achieve efficiencies in real estate property management consistent with the National Defense Strategy goal of finding greater efficiencies within Department of Defense operations 2 to provide a means to better market to the public information regarding space available at Army installations for better utilization of such space and 3 to provide a means to better quantify existing space available at Army installations and how it is utilized for current missions and requirements c CONSIDERATIONS —To establish the pilot program the Secretary of the Army shall— 1 consider innovative approaches including the use of other transaction authorities consistent with section 2371 of title 10 United States Code and the use of commercial offthe-shelf technologies 2 develop appropriate protections of sensitive or classified information from being included with the online inventory tool and 3 develop appropriate levels of access for private sector users of the online inventory tool d ESTABLISHMENT OF USE POLICY —In connection with the development of the online inventory tool the Secretary of the Army shall develop policy requiring the use of the online inventory tool H R 6395—975 at the Army installations selected under subsection a 2 to query for existing inventory at such installations before any military construction or off-post leases are agreed to for such installations The Secretary shall ensure that all relevant notifications to congressional defense committees include certification that the online inventory tool was used e ONLINE INVENTORY TOOL DEFINED —In this section the term ‘‘online inventory tool’’ means the online real estate tool developed under the pilot program to identify existing inventory of space available at Army installations selected to participate in the pilot program f RULE OF CONSTRUCTION —Nothing in this section shall be construed to effect the application of title V of the McKinneyVento Homeless Assistance Act 42 U S C 11411 et seq g REPORTING REQUIREMENT —Not later than February 15 2025 the Secretary of the Army shall submit to Committees on Armed Services of the Senate and the House of Representatives a report evaluating the success of the pilot program in achieving the purposes specified in subsection b At a minimum the report also shall identify and contain the following 1 The Army installations selected under subsection a 2 to participate in the pilot program 2 The number of real estate agreements entered into by the Department of the Army that were facilitated by use of the online inventory tool including for each agreement the installation amount of space value and purpose of the agreement 3 An evaluation of the extent to which use of the online inventory tool reduced the need for military construction or off-post leases 4 An evaluation of any impediments to efficient use of the online inventory tool 5 The recommendations of the Secretary regarding whether the pilot program should be extended expanded or made permanent h DURATION —The authority of the Secretary of the Army to conduct the pilot program shall expire on September 30 2025 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 a ONE-TIME REPORT ON DECISION-MAKING PROCESS — 1 REPORT REQUIRED —Not later than March 1 2021 each Secretary of a military department and the Secretary of Defense with respect to matters concerning the Defense Agencies and the Joint Staff shall submit a report to the Committees on Armed Services of the House of Representatives and the Senate regarding the process to be used by the Secretary concerned to make basing decisions for each Armed Force under the jurisdiction of the Secretary concerned in the following circumstances A Whenever a military installation is to be selected to serve as the first permanent location for a new major H R 6395—976 headquarters covered military unit or major weapon system B Whenever a permanent change is considered in the basing of a major headquarters covered military unit or major weapon system by relocating the major headquarters covered military unit or major weapon system from its current military installation to a different military installation 2 ELEMENTS OF REPORT —The report submitted by the Secretary concerned under paragraph 1 shall include at a minimum the following A A description of the decision-making process to be used by that Secretary for basing decisions covered under subparagraph A and B of such paragraph B A timeline for the scenarios outlined in such subparagraphs including the decision authority for each decision to be made during the decision-making process C The congressional engagement plan to be used to notify the Committees on Armed Services of the House of Representatives and the Senate and interested Members of Congress at key points throughout the decision-making process D The plan for implementing the requirements of section 483 of title 10 United States Code as added by subsection b 3 DEFINITIONS —The definitions contained in section 483 of title 10 United States Code as added by subsection b apply to this subsection b CONGRESSIONAL NOTIFICATIONS REQUIRED RELATED TO BASING DECISION-MAKING PROCESS —Chapter 23 of title 10 United States Code is amended by inserting after section 482 the following new section ‘‘§ 483 Notifications related to basing decision-making process ‘‘ a NOTIFICATION REQUIRED —At each point in the decisionmaking process specified in subsection b the Secretary concerned shall notify the congressional defense committees of the decisionmaking process to be used or the decision-making process used whichever applies— ‘‘ 1 to select a military installation to serve as the first permanent location for a new major headquarters covered military unit or major weapon system or ‘‘ 2 to make a permanent change in the basing of a major headquarters covered military unit or major weapon system by relocating the major headquarters covered military unit or major weapon system from its current military installation to a different military installation ‘‘ b DEADLINES FOR SUBMISSION OF NOTICE —The Secretary concerned shall provide the notice required by subsection a within seven days after each of the following decision points during the decision-making process ‘‘ 1 When the Secretary concerned issues any formal internal guidance to begin the decision-making process regarding the location or relocation of a major headquarters covered military unit or major weapon system H R 6395—977 ‘‘ 2 When the Secretary concerned selects between two and five military installations as the most likely candidate locations for a major headquarters covered military unit or major weapon system in order to subject those installations to additional analysis ‘‘ 3 When the Secretary concerned selects a specific military installation as the preferred location for the major headquarters covered military unit or major weapon system ‘‘ c REQUIRED ELEMENTS OF NOTIFICATION —In a notice required by subsection a the Secretary concerned shall include at a minimum the following ‘‘ 1 A description of the manner in which the joint and all-domain training capabilities at each candidate location if applicable to the type of basing decision-making process at issue will be or was whichever applies comparatively analyzed among candidate military installations separate from and in addition to the mission criteria to be used or that was used to make the basing decision ‘‘ 2 A description of the manner in which the airspace and training areas available at each candidate location if applicable to the type of basing decision-making process at issue will be or was whichever applies comparatively analyzed among candidate military installations separate from and in addition to the mission criteria to be used or that was used to make the basing decision ‘‘ 3 A description of the manner in which community support for the basing decision-making process described in subsection a will be or was whichever applies comparatively analyzed among candidate military installations including consultation with appropriate State officials and officials of units of local government in which each installation is located regarding matters affecting the local community such as transportation utility infrastructure housing education and family support activities In any case in which the Secretary concerned selects as the preferred location a military installation with less community support compared to other locations as indicated by such a comparative analysis an explanation of the operational considerations that formed the basis for such selection ‘‘ 4 An explanation of how each candidate location will be or was whichever applies scored against the factors referred to in the preceding paragraphs including the weight assigned to each factor ‘‘ 5 A summary of any internal score cards that will be or were whichever applies used to make the basing decision ‘‘ d NOTICE AND WAIT REQUIREMENTS —No irrevocable action may be taken to effect or implement a basing decision reached through the decision-making process described in subsection a until the end of the 14-day period beginning on the date on which the Secretary concerned submits in an electronic medium pursuant to section 480 of this title the notice referred to in subsection b 3 regarding a preferred location for the major headquarters covered military unit or major weapon system ‘‘ e ANNUAL REPORTING REQUIREMENT — ‘‘ 1 REPORT REQUIRED —Not later than 10 days after the date on which the budget request for a fiscal year is submitted H R 6395—978 to Congress under section 1105 of title 31 the Secretary concerned shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report providing the following ‘‘ A An update on the status and anticipated completion date of each decision-making process that was commenced or was underway during the previous two fiscal years regarding the location or relocation of a major headquarters covered military unit or major weapon system ‘‘ B A list and description of anticipated basing decisions to be made regarding the location or relocation of a major headquarters covered military unit or major weapon system over the period covered by the future-years defense plan ‘‘ C A timeline for a congressional engagement plan to brief the Committees on Armed Services of the House of Representatives and the Senate during the decisionmaking process and when decision notifications would be provided to interested Members of Congress ‘‘ 2 ELEMENTS OF REPORT —To satisfy the requirements of paragraph 1 B a report under this subsection shall include at a minimum the following ‘‘ A An estimate of the number of members of the armed forces and civilian personnel potentially impacted by the basing decision ‘‘ B The locations to be considered if already known ‘‘ C The expected timeline for beginning the decisionmaking process and reaching a final determination ‘‘ f DEFINITIONS —In this section ‘‘ 1 The term ‘covered military unit’ means a unit of the armed forces whose initial assignment to a military installation or relocation from a military installation to a different military installation requires the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 42 U S C 4321 et seq ‘‘ 2 The term ‘major headquarters’ means the headquarters of a military unit or command that is the appropriate command of a general officer or flag officer ‘‘ 3 The term ‘major weapon system’ means a weapon system that is treatable as a major system under section 2302 5 of title ‘‘ 4 The term ‘military installation’ means a base camp post station yard center homeport facility for any ship or other activity under the jurisdiction of the Department of Defense including any leased facility which is located within any of the several States the District of Columbia the Commonwealth of Puerto Rico American Samoa the Virgin Islands the Commonwealth of the Northern Mariana Islands or Guam Such term does not include any facility used primarily for civil works rivers and harbors projects or flood control projects ‘‘ 5 The term ‘Secretary concerned’ means— ‘‘ A the Secretary of the military department concerned and ‘‘ B the Secretary of Defense with respect to matters concerning the Defense Agencies and the Joint Staff ’’ H R 6395—979 c CLERICAL AMENDMENT —The table of sections at the beginning of chapter 23 of title 10 United States Code is amended by inserting after the item relating to section 482 the following new item ‘‘483 Notifications related to basing decision-making process ’’ SEC 2872 REPORT ON EFFECT OF NOISE RESTRICTIONS ON MILITARY INSTALLATIONS AND OPERATIONS AND DEVELOPMENT AND IMPLEMENTATION OF NOISE MITIGATION MEASURES a REPORT REQUIREMENT —Not later than July 1 2021 the Secretary of Defense shall submit to the congressional defense committees a report describing— 1 the types and extent of noise restrictions impacting military installations inside the United States including outlying landing fields and training ranges 2 the effect of such noise restrictions on the operational readiness and efficiency of aviation units stationed at or using the military installations 3 the voluntary noise mitigation measures encroachment management measures and community relations initiatives used by the military departments to prevent or lessen the need for noise restrictions and 4 the progress being made to develop and implement additional cost-effective technological measures to mitigate noise emanating from operations at military installations and to prevent or lessen the need for noise restrictions b CONSULTATION —The Secretary of Defense shall prepare the report in consultation with the Secretaries of the military departments SEC 2873 STUDY AND REPORT REGARDING CONTINUED NEED FOR PROTECTED AIRCRAFT SHELTERS IN EUROPE AND STATUS OF UNITED STATES AIR BASE RESILIENCY IN EUROPE a STUDY REQUIRED —The Secretary of Defense in consultation with the United States European Command shall conduct a study to determine the following 1 The continued need for protected aircraft shelters in Europe utilized by the United States Armed Forces 2 The feasibility of providing alternative protections against attack for United States military aircraft based in Europe that would be as effective as or more effective than protected aircraft shelters against attack 3 The current resiliency status of air bases in Europe under the operational control of the Department of Defense or a military department and utilized by the United States Armed Forces 4 The effect of the proposed demotion of protected aircraft shelters in Europe on the resiliency of such air bases in Europe b REPORT REQUIREMENT —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 containing the results of the study required by subsection a The report shall be submitted in unclassified form but may include a classified annex H R 6395—980 c PROHIBITION ON CERTAIN ACTIVITIES PENDING STUDY —Until the study required by subsection a is submitted as provided in subsection b funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 and funds authorized to be appropriated by a National Defense Authorization Act or otherwise made available for fiscal year 2022 may not be obligated or expended to implement any activity that would have the effect of— 1 reducing the resiliency of any air base in Europe under the operational control of the Department of Defense or a military department and utilized by the United States Armed Forces or 2 demolishing any protected aircraft shelter in Europe utilized by the United States Armed Forces d WAIVER AND EXCEPTION —The Secretary of Defense may waive the prohibition in subsection c 2 and authorize the demolition of a protected aircraft shelter covered by the prohibition at any time after the end of the 14-day period beginning on the date on which the Secretary certifies to the congressional defense committees in an electronic medium pursuant to section 480 of title 10 United States Code that the protected aircraft shelter— 1 is no longer needed to meet foreseeable threats to United States military aircraft in the European theater or 2 is no longer a viable defensive measure to protect against such foreseeable threats Subtitle I—Other Matters SEC 2881 MILITARY CONSTRUCTION INFRASTRUCTURE AND WEAPON SYSTEM SYNCHRONIZATION FOR GROUND BASED STRATEGIC DETERRENT a AUTHORIZATION FOR PLANNING AND DESIGN —Of the amounts authorized to be appropriated for planning and design Air Force for fiscal year 2021 for the Ground Based Strategic Deterrent as specified in the funding table in section 4601 the Secretary of the Air Force may use not more than $15 000 000 for the purpose of obtaining or carrying out necessary planning and construction design in connection with military construction projects and other infrastructure projects necessary to support the development and fielding of the Ground Based Strategic Deterrent weapon system b AIR FORCE PROJECT MANAGEMENT AND SUPERVISION —Each contract entered into by the United States for a military construction project or other infrastructure project in connection with the development and fielding of the Ground Based Strategic Deterrence weapon system shall be carried out under the direction and supervision of the Secretary of the Air Force The Secretary may utilize and consult with the Air Force Civil Engineer Center the Army Corps of Engineers and the Naval Facilities Engineering Command for subject matter expertise contracting capacity and other support as determined to be necessary by the Secretary to carry out this section c USE OF SINGLE PRIME CONTRACTOR —The Secretary of the Air Force may award contracts for planning and construction design and for military construction projects and other infrastructure projects authorized by law in connection with the development H R 6395—981 and fielding of the Ground Based Strategic Deterrent weapon system to a single prime contractor if the Secretary determines that awarding the contracts to a single prime contractor— 1 is in the best interest of the Government and 2 is necessary to ensure the proper synchronization and execution of work related to the development and fielding of the Ground Based Strategic Deterrent weapon system and its associated military construction projects and other infrastructure projects d EXCEPTIONS TO CURRENT LAW —The Secretary of the Air Force may carry out this section without regard to the following provisions of law 1 Section 2304 of title 10 United States Code 2 Section 2851 a of such title e EXPIRATION OF AUTHORITY —The authorities provided by this section shall expire upon the earlier of the following 1 The date that is 15 years after the date of the enactment of this Act 2 The date on which the Secretary of the Air Force submits to the congressional defense committees a certification that the fielding of the Ground Based Strategic Deterrent weapon system is complete f REPORTING REQUIREMENTS — 1 INITIAL REPORT —Not later than one year after the date of the enactment of this Act the Secretary of the Air Force shall submit to the congressional defense committees a report describing the actions taken and to be taken by the Secretary to ensure that the development and fielding of the Ground Based Strategic Deterrent weapon system is synchronized with its associated military construction projects and other infrastructure projects 2 REPORT ELEMENTS —The report required by paragraph 1 shall contain at minimum the following elements A A description of the estimated total cost scope of work location and schedule for the planning and design military construction and other infrastructure investments necessary to support the development and fielding of the Ground Based Strategic Deterrent weapon system B A recommendation regarding the methods by which a programmatic military construction authorization authorization of appropriations and appropriation on an installation-by-installation basis could be used to support the synchronized development and fielding of the Ground Based Strategic Deterrent and its associated military construction projects and other infrastructure projects C Identification of the specific provisions of law if any that the Secretary determines may adversely impact or delay the development and fielding of the Ground Based Strategic Deterrent weapon system and its associated construction projects and other infrastructure projects assuming as described in subparagraph B the use of a programmatic military construction authorization on an installation-by-installation basis D A plan to ensure sufficient capability and capacity to cover civilian and military manning for oversight and contract management related to the development and fielding of the Ground Based Strategic Deterrent weapon H R 6395—982 system and its associated construction projects and other infrastructure projects 3 UPDATES —At the same time that the budget is submitted under section 1105 a of title 31 United States Code for fiscal years 2023 through 2026 the Secretary of Defense shall notify the congressional defense committees of any deviations made during the current or preceding fiscal year or intended to be made during the current or next fiscal year from the synchronization actions described in the report required by paragraph 1 in particular the report elements specified in paragraph 2 SEC 2882 DEFENSE COMMUNITY INFRASTRUCTURE PROGRAM a PRIORITIZATION OF COMMUNITY INFRASTRUCTURE PROJECTS —Section 2391 d 1 of title 10 United States Code is amended— 1 by inserting ‘‘ A ’’ after ‘‘ 1 ’’ 2 by striking ‘‘ if the Secretary determines that such assistance will enhance the military value resilience or military family quality of life at such military installation’’ and 3 by adding at the end the following new subparagraph ‘‘ B The Secretary shall establish criteria for the selection of community infrastructure projects to receive assistance under this subsection including selection of community infrastructure projects in the following order of priority ‘‘ i Projects that will enhance military value at a military installation taking into consideration the military value criteria originally developed by the Secretary in compliance with the amendment made by section 3002 of the Military Construction Authorization Act for Fiscal Year 2002 division B of Public Law 107–107 115 Stat 1344 ‘‘ ii Projects that will enhance military installation resilience as defined in section 101 e 8 of this title ‘‘ iii Projects that will enhance military family quality of life at a military installation taking into consideration subsection e 4 C ’’ b COST-SHARING REQUIREMENTS —Paragraph 2 of section 2391 d of title 10 United States Code is amended to read as follows ‘‘ 2 A The criteria established for the selection of community infrastructure projects to receive assistance under this subsection shall include a requirement that except as provided in subparagraph B the State or local government agree to contribute not less than 30 percent of the funding for the community infrastructure project ‘‘ B If a proposed community infrastructure project will be carried out in a rural area or the Secretary of Defense determines that a proposed community infrastructure project is advantageous for reasons related to national security the Secretary— ‘‘ i shall not penalize a State or local government for offering to make a contribution of 30 percent or less of the funding for the community infrastructure project and ‘‘ ii may reduce the requirement for a State or local government contribution to 30 percent or less or waive the costsharing requirement entirely ’’ c SPECIFIED DURATION OF PROGRAM —Section 2391 d 4 of title 10 United States Code is amended by striking ‘‘upon the H R 6395—983 expiration of the 10-year period which begins on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019’’ and inserting ‘‘on September 30 2028’’ d CLARIFICATION OF MILITARY FAMILY QUALITY OF LIFE CRITERIA —Section 2391 e 4 of title 10 United States Code is amended by adding at the end the following new subparagraph ‘‘ C For the purposes of determining whether proposed community infrastructure will enhance quality of life the Secretary of Defense shall consider the impact of the community infrastructure on alleviating installation commuter workforce issues and the benefit of schools or other local infrastructure located off of a military installation that will support members of the armed forces and their dependents residing in the community ’’ e DEFINITION OF RURAL AREA REVISED —Section 2391 e 5 of title 10 United States Code is amended by striking ‘‘50 000 inhabitants’’ and inserting ‘‘100 000 inhabitants’’ SEC 2883 CONSIDERATION OF CERTAIN MILITARY FAMILY READINESS ISSUES IN MAKING BASING DECISIONS ASSOCIATED WITH CERTAIN MILITARY UNITS AND MAJOR HEADQUARTERS a TAKING INTO CONSIDERATION MILITARY FAMILY READINESS ISSUES —In determining whether to proceed with any basing decision associated with a covered military unit or major headquarters in the United States after the date of the enactment of this Act the Secretary of the military department concerned shall take into account among such other factors as that Secretary considers appropriate the military family readiness considerations specified in this section including those military family readiness considerations specified pursuant to subsection e b INTERSTATE PORTABILITY OF LICENSURE AND CERTIFICATION CREDENTIALS —With regard to the State in which an installation subject to a basing decision covered by subsection a is or will be located the Secretary of the military department concerned shall take into account the extent to which the State— 1 has entered into reciprocity agreements to recognize and accept professional and occupational licensure and certification credentials granted by or in other States or 2 allows for the transfer of such licenses and certifications granted by or in other States c HOUSING —With regard to the military housing area in which an installation subject to a basing decision covered by subsection a is or will be located the Secretary of the military department concerned shall take into account the extent to which housing including military family housing that meets Department of Defense requirements is available and accessible to members of the Armed Forces through the private sector in such military housing area d HEALTH CARE —With regard to the community in which an installation subject to a basing decision covered by subsection a is or will be located the Secretary of the military department concerned shall take into account the extent to which primary healthcare and specialty healthcare is available and accessible to dependents including dependents with disabilities of members of the Armed Forces through the private sector in such local community H R 6395—984 e OTHER SPECIFIED CONSIDERATIONS —The Secretary of the military department concerned shall take into account such other considerations in connection with military family readiness as the Secretary of Defense shall specify for purposes of compliance with this section f SAVINGS CLAUSE —Nothing in this section shall be construed as requiring the Secretary of a military department to make a basing decision covered by subsection a that the Secretary determines would diminish military readiness or impede military mission for the purpose of military family readiness g ANALYTICAL FRAMEWORK —The Secretary of the military department concerned shall take into account the considerations specified in this section among such other factors as the Secretary considers appropriate in determining whether to proceed with a basing decision covered by subsection a using an analytical framework developed by that Secretary that uses criteria based on— 1 quantitative data available within the Department of Defense and 2 such reliable quantitative data from sources outside the Department as the Secretary considers appropriate h BASING DECISION SCORECARD — 1 SCORECARD REQUIRED —The Secretary of the military department concerned shall establish a scorecard for military installations under the jurisdiction of such Secretary and for States and localities in which such installations are or may be located to facilitate taking into account the considerations specified in this section whenever that Secretary makes a basing decision covered by subsection a 2 UPDATE —The Secretary of the military department concerned shall update the scorecard established by that Secretary under this subsection not less frequently than once each year in order to keep the information in such scorecard as current as is practicable 3 AVAILABILITY TO PUBLIC —A current version of each scorecard established under this subsection shall be available to the public through an Internet website of the military department concerned that is accessible to the public i BRIEFINGS —Not later than April 1 of each of 2021 2022 and 2023 the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on actions taken pursuant to this section including a description and assessment of the effect of the taking into account of the considerations specified in this section on particular basing decisions in the United States during the one-year period ending on the date of the briefing j DEFINITIONS —In this section 1 The term ‘‘covered military unit’’ means a unit of the Armed Forces whose initial assignment to a military installation or relocation from a military installation to a different military installation requires the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 42 U S C 4321 et seq 2 The term ‘‘major headquarters’’ means the headquarters of a unit of the Armed Forces or command that is the appropriate command of a general officer or flag officer H R 6395—985 SEC 2884 DEPARTMENT OF DEFENSE POLICY FOR REGULATION IN MILITARY COMMUNITIES OF DANGEROUS DOGS KEPT AS PETS a POLICY REQUIRED —Not later than 90 days after the date of the enactment of this Act the Secretary of Defense shall establish a uniform policy for the regulation of dangerous dogs kept as pets in military communities b CONSULTATION —The policy required by subsection a shall be developed in consultation with professional veterinary and animal behavior experts in regard to effective regulation of dangerous dogs kept as pets c REGULATIONS — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall prescribe regulations implementing the policy established under subsection a 2 BEST PRACTICES —The regulations prescribed under paragraph 1 shall include strategies for implementation within all military communities for the prevention of dog bites that are consistent with the following best practices A Enforcement of regulations relating to dangerous dogs kept as pets with emphasis on identification of dangerous dog behavior and chronically irresponsible pet owners B Enforcement of animal control regulations such as leash laws and stray animal control policies C Promotion and communication of resources for pet spaying and neutering D Investment in community education initiatives such as teaching criteria for pet selection pet care best practices owner responsibilities and safe and appropriate interaction with dogs d EXCLUSIONS —This section does not apply with respect to military working dogs and any dog certified as a service animal e DEFINITIONS —In this section 1 The term ‘‘dangerous dog’’ means a dog that— A has attacked a person or another animal without justification causing injury or death to the person or animal or B exhibits behavior that reasonably suggests the likely risk of such an attack 2 The term ‘‘military communities’’ means— A all military installations and B all military housing including privatized military housing under subchapter IV of chapter 169 of title 10 United States Code 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 H R 6395—986 SEC 2901 AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS The Secretary of the Navy may acquire real property and carry out the military construction project for the installation outside the United States and in the amount set forth in the following table Navy Outside the United States Country Installation Spain Rota Amount $59 230 000 SEC 2902 AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS The Secretary of the Air Force may acquire real property and carry out the military construction projects for the installations outside the United States and in the amounts set forth in the following table Air Force Outside the United States Country Installation Germany Ramstein Spangdahlem Air Base Campia Turzii Romania Amount $36 345 000 $25 824 000 $130 500 000 SEC 2903 AUTHORIZATION OF APPROPRIATIONS Funds are hereby authorized to be appropriated for fiscal years beginning after September 30 2020 for the military construction projects outside the United States authorized by this title as specified in the funding table in section 4602 DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec Sec Sec Sec 3101 3102 3103 3104 Subtitle A—National Security Programs and Authorizations National Nuclear Security Administration Defense environmental cleanup Other defense activities 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 H R 6395—987 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 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 Subtitle A—National Security Programs and Authorizations SEC 3101 NATIONAL NUCLEAR SECURITY ADMINISTRATION a AUTHORIZATION OF APPROPRIATIONS —Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701 b AUTHORIZATION OF NEW PLANT PROJECTS —From funds referred to in subsection a that are available for carrying out plant projects the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows Project 21–D–510 HE Synthesis Formulation and Production Pantex Plant Amarillo Texas $31 000 000 Project 21–D–511 Savannah River Plutonium Processing Facility Savannah River Site Aiken South Carolina $241 900 000 Project 21–D–512 Plutonium Pit Production Project Los Alamos National Laboratory Los Alamos New Mexico $226 000 000 H R 6395—988 Project 21–D–530 KL Steam and Condensate Upgrades Knolls Atomic Power Laboratory Schenectady New York $4 000 000 General Plant Project U1a 03 Test Bed Facility Improvements Nevada National Security Site Nevada $16 000 000 General Plant Project TA–15 DARHT Hydro Vessel Repair Facility Los Alamos National Laboratory New Mexico $16 500 000 SEC 3102 DEFENSE ENVIRONMENTAL CLEANUP a AUTHORIZATION OF APPROPRIATIONS —Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701 b AUTHORIZATION OF NEW PLANT PROJECTS —From funds referred to in subsection a that are available for carrying out plant projects the Secretary of Energy may carry out for defense environmental cleanup activities the following new plant project Project 21–D–401 Hoisting Capability Project Waste Isolation Pilot Plant Carlsbad New Mexico $10 000 000 SEC 3103 OTHER DEFENSE ACTIVITIES Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for other defense activities in carrying out programs as specified in the funding table in section 4701 SEC 3104 NUCLEAR ENERGY Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for nuclear energy as specified in the funding table in section 4701 Subtitle B—Nuclear Weapons Stockpile Matters SEC 3111 W93 NUCLEAR WARHEAD ACQUISITION PROCESS a REQUIREMENTS — 1 IN GENERAL —Subtitle A of title XLII of the Atomic Energy Defense Act 50 U S C 2521 et seq is amended by adding at the end the following new section ‘‘SEC 4223 W93 NUCLEAR WARHEAD ACQUISITION PROCESS ‘‘ a REPORTING REQUIREMENTS — ‘‘ 1 PHASE 1 —Upon receiving a concept definition study under phase 1 of the joint nuclear weapons life cycle for the W93 nuclear weapon the Nuclear Weapons Council shall submit to the congressional defense committees a report that includes the following ‘‘ A A description of the potential military characteristics of the weapon ‘‘ B A description of the stockpile-to-target sequence requirements of the weapon ‘‘ C An initial assessment of the requirements a W93 nuclear weapon program is likely to generate for the nuclear security enterprise including— H R 6395—989 ‘‘ i adjustments to the size and composition of the workforce ‘‘ ii additions to existing weapon design and production capabilities or ‘‘ iii additional facility recapitalization or new construction ‘‘ D A preliminary description of other significant requirements for a W93 nuclear weapon program including— ‘‘ i first production unit date ‘‘ ii initial operational capability date ‘‘ iii full operational capability date and ‘‘ iv any unique safety and surety requirements that could increase design complexity or cost estimate uncertainty ‘‘ 2 PHASE 2 — ‘‘ A IN GENERAL —Not later than 15 days after the date on which the Nuclear Weapons Council approves phase 2 of the joint nuclear weapons life cycle for the W93 nuclear weapon the Administrator shall submit to the congressional defense committees a plan to implement a process of independent peer review or review by a board of experts or both with respect to— ‘‘ i the nonnuclear components of the weapon ‘‘ ii subsystem design and ‘‘ iii engineering aspects of the weapon ‘‘ B REQUIREMENTS FOR PROCESS —The Administrator shall ensure that the process required by subparagraph A — ‘‘ i uses— ‘‘ I all relevant capabilities of the Federal Government the defense industrial base and institutions of higher education and ‘‘ II other capabilities that the Administrator determines necessary and ‘‘ ii informs the entire development life cycle of the W93 nuclear weapon ‘‘ b CERTIFICATIONS AND REPORTS AT PHASE 3 —Not later than 15 days after the date on which the Nuclear Weapons Council approves phase 3 of the joint nuclear weapons life cycle for the W93 nuclear weapon— ‘‘ 1 the Administrator shall certify to the congressional defense committees that— ‘‘ A phases 1 through 5 of the joint nuclear weapons life cycle for the weapon will employ at a minimum the same best practices and will provide Congress with the same level of programmatic insight as exists under the phase 6 X process for life extension programs and ‘‘ B the proposed design for the weapon can be carried out within estimated schedule and cost objectives and ‘‘ 2 the Commander of the United States Strategic Command shall submit to the congressional defense committees a report containing the requirements for weapon quantity and composition by type for the sub-surface ballistic nuclear SSBN force including such requirements planned for the 15-year period following the date of the report including any planned life extensions retirements or alterations H R 6395—990 ‘‘ c WAIVERS —Subsections a and b may be waived during a period of war declared by Congress after the date of the enactment of the William M Mac Thornberry National Defense Authorization Act for Fiscal Year 2021 ‘‘ d JOINT NUCLEAR WEAPONS LIFE CYCLE DEFINED —In this section the term ‘joint nuclear weapons life cycle’ has the meaning given that term in section 4220 ’’ 2 CLERICAL AMENDMENT —The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4222 the following new item ‘‘Sec 4223 W93 nuclear warhead acquisition process ’’ b SELECTED ACQUISITION REPORTS AND INDEPENDENT COST ESTIMATES —Section 4217 b of such Act 50 U S C 2537 b is amended— 1 in paragraph 1 — A in subparagraph A — i in clause i by striking ‘‘phase 6 2A’’ and inserting ‘‘phase 6 2A or new weapon system at the completion of phase 2A’’ ii in clause ii by striking ‘‘phase 6 3’’ and inserting ‘‘phase 6 3 or new weapon system at the completion of phase 3’’ iii by redesignating clauses iv and v as clauses v and vi respectively and iv by inserting after clause iii the following new clause iv ‘‘ iv Each new weapon system at the completion of phase 4 relating to production engineering and before the initiation of phase 5 relating to first production ’’ and B in subparagraph B by striking ‘‘phase 6 2’’ and inserting ‘‘phase 6 2 or new weapon system at the completion of phase 2’’ and 2 in paragraph 4 B by striking ‘‘subparagraph A iv ’’ and inserting ‘‘subparagraph A v ’’ SEC 3112 EARNED VALUE MANAGEMENT AND TECHNOLOGY READINESS LEVELS FOR LIFE EXTENSION PROGRAMS a IN GENERAL —Subtitle A of title XLII of the Atomic Energy Defense Act 50 U S C 2521 et seq as amended by section 3111 a 1 is further amended by adding at the end the following new section ‘‘SEC 4224 EARNED VALUE MANAGEMENT AND TECHNOLOGY READINESS LEVELS FOR LIFE EXTENSION PROGRAMS ‘‘ a REVIEW OF CONTRACTOR EARNED VALUE TEMS —The Administrator shall enter into an MANAGEMENT SYSarrangement with an independent entity under which that entity shall— ‘‘ 1 review and validate whether the earned value management systems of contractors of the Administration for life extension programs meet the earned value management national standard and ‘‘ 2 conduct periodic surveillance reviews of such systems to ensure that such systems maintain compliance with that standard through program completion ‘‘ b BENCHMARKS FOR TECHNOLOGY READINESS LEVELS —The Administrator shall— H R 6395—991 ‘‘ 1 establish specific benchmarks for technology readiness levels of critical technologies for life extension programs at key decision points and ‘‘ 2 ensure that critical technologies meet such benchmarks at such decision points ‘‘ c APPLICABILITY —This section shall apply to programs that as of the date of the enactment of this section have not entered phase 3 of the nuclear weapons acquisition process or phase 6 3 of a nuclear weapons life extension program ‘‘ d DEFINITION —In this section the term ‘earned value management national standard’ means the most recent version of the EIA-748 Earned Value Management System Standard published by the National Defense Industrial Association ’’ b CLERICAL AMENDMENT —The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4223 as added by section 3111 a 2 the following new item ‘‘Sec 4224 Earned value management and technology readiness levels for life extension programs ’’ SEC 3113 MONITORING OF INDUSTRIAL BASE FOR NUCLEAR WEAPONS COMPONENTS SUBSYSTEMS AND MATERIALS a DESIGNATION OF OFFICIAL —Not later than March 1 2021 the Administrator for Nuclear Security shall designate a senior official within the National Nuclear Security Administration to be responsible for monitoring the industrial base that supports the nuclear weapons components subsystems and materials of the Administration including— 1 the consistent monitoring of the current status of the industrial base 2 tracking of industrial base issues over time and 3 proactively identifying gaps or risks in specific areas relating to the industrial base b PROVISION OF RESOURCES —The Administrator shall ensure that the official designated under subsection a is provided with resources sufficient to conduct the monitoring required by that subsection c CONSULTATIONS —The Administrator acting through the official designated under subsection a shall to the extent practicable and beneficial in conducting the monitoring required by that subsection consult with— 1 officials of the Department of Defense who are members of the Nuclear Weapons Council established under section 179 of title 10 United States Code 2 officials of the Department of Defense responsible for the defense industrial base and 3 other components of the Department of Energy that rely on similar components subsystems or materials d BRIEFINGS — 1 INITIAL BRIEFING —Not later than April 1 2021 the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the designation of the official required by subsection a including on— A the responsibilities assigned to that official and H R 6395—992 B the plan for providing that official with resources sufficient to conduct the monitoring required by subsection a 2 SUBSEQUENT BRIEFINGS —Not later than April 1 2022 and annually thereafter through 2024 the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on activities carried out under this section that includes an assessment of the progress made by the official designated under subsection a in conducting the monitoring required by that subsection SEC 3114 PLUTONIUM PIT PRODUCTION a INDEPENDENT COST ESTIMATE — 1 REQUIREMENT —The Secretary of Energy shall obtain an independent cost estimate for each covered project in accordance with Department of Energy Order 413 3B relating to program management and project management for the acquisition of capital assets as in effect on the day before the date of the enactment of this Act 2 CONFIDENCE LEVEL —An independent cost estimate under paragraph 1 with respect to a covered project shall assign a confidence level expressed as a percentage with respect to whether the Secretary will be able to carry out the covered project within the estimated schedule and cost objectives of the Department of Energy consistent with the document of the Government Accountability Office entitled ‘‘Cost Estimating and Assessment Guide’’ GAO–09–3SP and dated March 2009 3 SUBMISSION —Not later than 30 days after obtaining an independent cost estimate under paragraph 1 with respect to a covered project the Secretary shall submit to the congressional defense committees the estimate including the confidence level assigned under paragraph 2 b CONDITIONAL REPORTS AND CERTIFICATIONS — 1 LOW CONFIDENCE —If an independent cost estimate for a covered project under subsection a assigns a high-end cost for the project that is 15 percent or more higher than the high-end project cost position approved by the Department of Energy for the project at critical decision 1 in the acquisition process— A not later than 90 days after approval of critical decision 1 the Secretary shall submit to the congressional defense committees the report described in paragraph 2 with respect to the covered project and B not later than 90 days after the date on which the Secretary submits the independent cost estimate to the congressional defense committees under subsection a 3 the Commander of the United States Strategic Command shall certify to those committees that— i the requirement to produce war reserve plutonium pits under section 4219 of the Atomic Energy Defense Act 50 U S C 2538a cannot be altered or extended by not more than five years without— I degrading the capabilities of the Command to accomplish its assigned nuclear deterrence missions or H R 6395—993 II reducing the confidence of the Commander in the military effectiveness of the nuclear weapons stockpile taking into account all mitigation strategies available to the Commander or ii that requirement can be altered or extended as described in clause i without degrading the capabilities described in subclause I of that clause or reducing the confidence described in subclause II of that clause 2 REPORT DESCRIBED — A IN GENERAL —The report described in this paragraph with respect to a covered project is a report by the Secretary that includes— i I a certification by the Secretary that notwithstanding the costs and confidence level set forth in the independent cost estimate under subsection a the Secretary will able to carry out the covered project within the estimated schedule and cost objectives of the Department of Energy and II a detailed explanation of why the Secretary disagrees with the independent cost estimate or ii if the Secretary cannot make the certification under clause i I a plan by the Secretary— I to achieve costs and a confidence level consistent with the costs and confidence level set forth in the independent cost estimate including with respect to changing the costs schedule and scope of the covered project and II that includes a description provided by the Administrator for Nuclear Security of mitigation options for minimizing any degradation in the military effectiveness of the nuclear weapons stockpile until the Secretary achieves costs and a confidence level consistent with the costs and confidence level set forth in the independent cost estimate B PROHIBITION ON DELEGATION —The Secretary may not delegate the responsibility for making a certification under subparagraph A i I c COVERED PROJECT DEFINED —In this section the term ‘‘covered project’’ means— 1 the Savannah River Plutonium Processing Facility Savannah River Site Aiken South Carolina Project 21–D– 511 or 2 the Plutonium Pit Production Project Los Alamos National Laboratory Los Alamos New Mexico Project 21– D–512 H R 6395—994 Subtitle C—Defense Environmental Cleanup Matters SEC 3121 PUBLIC STATEMENT OF ENVIRONMENTAL LIABILITIES FOR FACILITIES UNDERGOING DEFENSE ENVIRONMENTAL CLEANUP a IN GENERAL —Subtitle A of title XLIV of the Atomic Energy Defense Act 50 U S C 2581 et seq is amended by adding at the end the following new section ‘‘SEC 4410 PUBLIC STATEMENT OF ENVIRONMENTAL LIABILITIES ‘‘Each year at the same time that the Department of Energy submits its annual financial report under section 3516 of title 31 United States Code the Secretary of Energy shall make available to the public a statement of environmental liabilities as calculated for the most recent audited financial statement of the Department under section 3515 of that title for each defense nuclear facility at which defense environmental cleanup activities are occurring ’’ b CLERICAL AMENDMENT —The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4409 the following new item ‘‘Sec 4410 Public statement of environmental liabilities ’’ SEC 3122 INCLUSION OF MISSED MILESTONES IN FUTURE-YEARS DEFENSE ENVIRONMENTAL CLEANUP PLAN Section 4402A b 3 of the Atomic Energy Defense Act 50 U S C 2582A b 3 is amended by adding at the end the following new subparagraph ‘‘ D For any milestone that has been missed renegotiated or postponed a statement of the current milestone the original milestone and any interim milestones ’’ SEC 3123 CLASSIFICATION OF DEFENSE ENVIRONMENTAL CLEANUP AS CAPITAL ASSET PROJECTS OR OPERATIONS ACTIVITIES a IN GENERAL —The Assistant Secretary of Energy for Environmental Management in consultation with other appropriate officials of the Department of Energy shall establish requirements for the classification of defense environmental cleanup projects as capital asset projects or operations activities b REPORT REQUIRED —Not later than March 1 2021 the Assistant Secretary shall submit to the congressional defense committees a report— 1 setting forth the requirements established under subsection a and 2 assessing whether any ongoing defense environmental cleanup projects should be reclassified based on those requirements SEC 3124 EXTENSION OF LIMITATION RELATING TO RECLASSIFICATION OF HIGH-LEVEL WASTE Section 3121 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1953 is amended by striking ‘‘fiscal year 2020’’ and inserting ‘‘fiscal year 2020 or fiscal year 2021’’ H R 6395—995 SEC 3125 CONTINUED ANALYSIS OF APPROACHES FOR SUPPLEMENTAL TREATMENT OF LOW-ACTIVITY WASTE AT HANFORD NUCLEAR RESERVATION a IN GENERAL —Not later than 60 days after the date of the enactment of this Act the Secretary of Energy shall— 1 enter into an arrangement with a federally funded research and development center to conduct a follow-on analysis to the analysis required by section 3134 of the National Defense Authorization Act for Fiscal Year 2017 Public Law 114–328 130 Stat 2769 with respect to approaches for treating the portion of low-activity waste at the Hanford Nuclear Reservation Richland Washington intended for supplemental treatment and 2 enter into an arrangement with the National Academies of Sciences Engineering and Medicine to review the followon analysis conducted under paragraph 1 b COMPARISON OF ALTERNATIVES TO AID DECISIONMAKING — The analysis required by subsection a 1 shall be designed to the greatest extent possible to provide decisionmakers with the ability to make a direct comparison between approaches for the supplemental treatment of low-activity waste at the Hanford Nuclear Reservation based on criteria that are relevant to decisionmaking and most clearly differentiate between approaches c ELEMENTS —The analysis required by subsection a 1 shall clearly lay out a framework of decisions to be made among the treatment technologies waste forms and disposal locations by including an assessment of the following 1 The most effective potential technology for supplemental treatment of low-activity waste that will produce an effective waste form including an assessment of the following A The maturity and complexity of the technology B The extent of previous use of the technology C The life cycle costs and duration of use of the technology D The effectiveness of the technology with respect to immobilization E The performance of the technology expected under permanent disposal F The topical areas of additional study required for the grout option identified in the analysis required by section 3134 of the National Defense Authorization Act for Fiscal Year 2017 2 The differences among approaches for the supplemental treatment of low-activity waste considered as of the date of the analysis required by subsection a 1 3 The compliance of such approaches with the technical standards described in section 3134 b 2 D of the National Defense Authorization Act for Fiscal Year 2017 4 The differences among potential disposal sites for the waste form produced through such treatment including mitigation of radionuclides including technetium-99 selenium-79 and iodine-129 on a system level 5 Potential modifications to the design of facilities to enhance performance with respect to disposal of the waste form to account for the following A Regulatory compliance B Public acceptance H R 6395—996 C Cost D Safety E The expected radiation dose to maximally exposed individuals over time F Differences among disposal environments 6 Approximately how much and what type of pretreatment is needed to meet regulatory requirements regarding long-lived radionuclides and hazardous chemicals to reduce disposal costs for radionuclides described in paragraph 4 7 Whether the radionuclides can be left in the waste form or economically removed and bounded at a system level by the performance assessment of a potential disposal site and if the radionuclides cannot be left in the waste form how to account for the secondary waste stream 8 Other relevant factors relating to the technology described in paragraph 1 including the following A The costs and risks in delays with respect to tank performance over time B Consideration of experience with treatment methods at other sites and commercial facilities C Outcomes of the test bed initiative of the Office of Environmental Management at the Hanford Nuclear Reservation d REVIEW CONSULTATION SUBMISSION AND LIMITATIONS — The provisions of subsections c through f of section 3134 of the National Defense Authorization Act for Fiscal Year 2017 shall apply with respect to the analysis required by subsection a 1 to the same extent and in the same manner that such provisions applied with respect to the analysis required by subsection a of such section 3134 except that subsection e of such section shall be applied and administered by substituting ‘‘the date of the enactment of the William M Mac Thornberry National Defense Authorization Act for Fiscal Year 2021’’ for ‘‘the date of the enactment of this Act’’ each place it appears Subtitle D—Safeguards and Security Matters SEC 3131 REPORTING ON PENETRATIONS OF NETWORKS OF CONTRACTORS AND SUBCONTRACTORS a IN GENERAL —Subtitle A of title XLV of the Atomic Energy Defense Act 50 U S C 2651 et seq is amended by adding at the end the following new section ‘‘SEC 4511 REPORTING ON PENETRATIONS OF NETWORKS OF CONTRACTORS AND SUBCONTRACTORS ‘‘ a PROCEDURES FOR REPORTING PENETRATIONS —The Administrator shall establish procedures that require each contractor and subcontractor to report to the Chief Information Officer when a covered network of the contractor or subcontractor that meets the criteria established pursuant to subsection b is successfully penetrated ‘‘ b ESTABLISHMENT OF CRITERIA FOR COVERED NETWORKS — ‘‘ 1 IN GENERAL —The Administrator shall in consultation with the officials specified in paragraph 2 establish criteria H R 6395—997 for covered networks to be subject to the procedures for reporting penetrations under subsection a ‘‘ 2 OFFICIALS SPECIFIED —The officials specified in this paragraph are the following officials of the Administration ‘‘ A The Deputy Administrator for Defense Programs ‘‘ B The Associate Administrator for Acquisition and Project Management ‘‘ C The Chief Information Officer ‘‘ D Any other official of the Administration the Administrator considers necessary ‘‘ c PROCEDURE REQUIREMENTS — ‘‘ 1 RAPID REPORTING — ‘‘ A IN GENERAL —The procedures established pursuant to subsection a shall require each contractor or subcontractor to submit to the Chief Information Officer a report on each successful penetration of a covered network of the contractor or subcontractor that meets the criteria established pursuant to subsection b not later than 60 days after the discovery of the successful penetration ‘‘ B ELEMENTS —Subject to subparagraph C each report required by subparagraph A with respect to a successful penetration of a covered network of a contractor or subcontractor shall include the following ‘‘ i A description of the technique or method used in such penetration ‘‘ ii A sample of the malicious software if discovered and isolated by the contractor or subcontractor involved in such penetration ‘‘ iii A summary of information created by or for the Administration in connection with any program of the Administration that has been potentially compromised as a result of such penetration ‘‘ C AVOIDANCE OF DELAYS IN REPORTING —If a contractor or subcontractor is not able to obtain all of the information required by subparagraph B to be included in a report required by subparagraph A by the date that is 60 days after the discovery of a successful penetration of a covered network of the contractor or subcontractor the contractor or subcontractor shall— ‘‘ i include in the report all information available as of that date and ‘‘ ii provide to the Chief Information Officer the additional information required by subparagraph B as the information becomes available ‘‘ 2 ACCESS TO EQUIPMENT AND INFORMATION BY ADMINISTRATION PERSONNEL —Concurrent with the establishment of the procedures pursuant to subsection a the Administrator shall establish procedures to be used if information owned by the Administration was in use during or at risk as a result of the successful penetration of a covered network— ‘‘ A in order to— ‘‘ i in the case of a penetration of a covered network of a management and operating contractor enhance the access of personnel of the Administration to Government-owned equipment and information and ‘‘ ii in the case of a penetration of a covered network of a contractor or subcontractor that is not a H R 6395—998 management and operating contractor facilitate the access of personnel of the Administration to the equipment and information of the contractor or subcontractor and ‘‘ B which shall— ‘‘ i include mechanisms for personnel of the Administration to upon request obtain access to equipment or information of a contractor or subcontractor necessary to conduct forensic analysis in addition to any analysis conducted by the contractor or subcontractor ‘‘ ii provide that a contractor or subcontractor is only required to provide access to equipment or information as described in clause i to determine whether information created by or for the Administration in connection with any program of the Administration was successfully exfiltrated from a network of the contractor or subcontractor and if so what information was exfiltrated and ‘‘ iii provide for the reasonable protection of trade secrets commercial or financial information and information that can be used to identify a specific person ‘‘ 3 DISSEMINATION OF INFORMATION —The procedures established pursuant to subsection a shall allow for limiting the dissemination of information obtained or derived through such procedures so that such information may be disseminated only to entities— ‘‘ A with missions that may be affected by such information ‘‘ B that may be called upon to assist in the diagnosis detection or mitigation of cyber incidents ‘‘ C that conduct counterintelligence or law enforcement investigations or ‘‘ D for national security purposes including cyber situational awareness and defense purposes ‘‘ d DEFINITIONS —In this section ‘‘ 1 CHIEF INFORMATION OFFICER —The term ‘Chief Information Officer’ means the Associate Administrator for Information Management and Chief Information Officer of the Administration ‘‘ 2 CONTRACTOR —The term ‘contractor’ means a private entity that has entered into a contract or contractual action of any kind with the Administration to furnish supplies equipment materials or services of any kind ‘‘ 3 COVERED NETWORK —The term ‘covered network’ includes any network or information system that accesses receives or stores— ‘‘ A classified information or ‘‘ B sensitive unclassified information germane to any program of the Administration as determined by the Administrator ‘‘ 4 SUBCONTRACTOR —The term ‘subcontractor’ means a private entity that has entered into a contract or contractual action with a contractor or another subcontractor to furnish supplies equipment materials or services of any kind in H R 6395—999 connection with another contract in support of any program of the Administration ’’ b CLERICAL AMENDMENT —The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4510 the following new item ‘‘Sec 4511 Reporting on penetrations of networks of contractors and subcontractors ’’ Subtitle E—Personnel Matters SEC 3141 EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC ENGINEERING AND TECHNICAL PERSONNEL Section 4601 c 1 of the Atomic Energy Defense Act 50 U S C 2701 c 1 is amended by striking ‘‘September 30 2020’’ and inserting ‘‘September 30 2021’’ SEC 3142 INCLUSION OF CERTAIN EMPLOYEES AND CONTRACTORS OF DEPARTMENT OF ENERGY IN DEFINITION OF PUBLIC SAFETY OFFICER FOR PURPOSES OF CERTAIN DEATH BENEFITS Section 1204 9 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 34 U S C 10284 9 is amended— 1 in subparagraph D by striking ‘‘or’’ at the end 2 in subparagraph E ii by striking the period at the end and inserting ‘‘ or’’ and 3 by adding at the end the following ‘‘ F an employee or contractor of the Department of Energy who— ‘‘ i is— ‘‘ I a nuclear materials courier as defined in section 8331 27 of title 5 United States Code or ‘‘ II designated by the Secretary of Energy as a member of an emergency response team and ‘‘ ii is performing official duties of the Department pursuant to a deployment order issued by the Secretary to protect the public property or the interests of the United States by— ‘‘ I assessing locating identifying securing rendering safe or disposing of weapons of mass destruction as defined in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 50 U S C 2302 or ‘‘ II managing the immediate consequences of a radiological release or exposure ’’ SEC 3143 REIMBURSEMENT FOR LIABILITY NUCLEAR MATERIALS COURIERS INSURANCE FOR Section 636 c 2 of the Treasury Postal Service and General Government Appropriations Act 1997 as enacted into law by section 101 f of division A of Public Law 104–208 5 U S C prec 5941 note is amended by striking ‘‘or under’’ and all that follows and inserting the following ‘‘any special agent under section 203 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 22 U S C 4823 or any nuclear materials courier as defined in section 8331 27 of such title 5 ’’ H R 6395—1000 SEC 3144 TRANSPORTATION AND MOVING EXPENSES FOR IMMEDIATE FAMILY OF DECEASED NUCLEAR MATERIALS COURIERS Section 5724d c 1 of title 5 United States Code is amended— 1 in subparagraph B by striking ‘‘ and’’ and inserting a semicolon and 2 by adding at the end the following ‘‘ D any nuclear materials courier as defined in section 8331 27 and’’ SEC 3145 PERMANENT EXTENSION OF OFFICE OF OMBUDSMAN FOR ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM Section 3686 of the Energy Employees Occupational Illness Compensation Program Act of 2000 42 U S C 7385s–15 is amended by striking subsection h SEC 3146 REPORTS ON DIVERSITY OF CERTAIN CONTRACTOR EMPLOYEES OF NATIONAL NUCLEAR SECURITY ADMINISTRATION a ANNUAL REPORTS —Not later than December 31 2020 and each year thereafter through 2022 the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the diversity of contractor employees of the National Nuclear Security Administration b MATTERS INCLUDED —Subject to subsection c each report under subsection a shall include for each covered element of the Administration the following 1 With respect to the fiscal year covered by the report and the previous fiscal year demographic data of— A the contractor employees of the covered element B the contractor employees hired at the covered element during each such year and C the contractor employees of the covered element who voluntarily separated during each such year 2 To the extent practical a breakdown of the data under paragraph 1 by each position in the Standard Occupational Classification System of the Bureau of Labor Statistics 3 A description of the plan to increase diversity at the covered element and how such plan responds to any trends identified with respect to the data under paragraph 1 4 An identification of the office of the covered element responsible for implementing such plan and a description of how that office determines whether the covered element is meeting the goals of the plan 5 A description of the training resources relating to diversity equality and inclusion mandated for contractor employees of the covered element with hiring authority and an identification of how many such contractor employees have been trained c DATA —The Administrator shall carry out this section using data that is— 1 otherwise available to the Administrator and to the management and operating contractors of the nuclear security enterprise 2 collected in accordance with applicable laws and regulations of the Equal Employment Opportunity Commission regulations of the Office of Federal Contract Compliance Programs H R 6395—1001 of the Department of Labor and applicable provisions of Federal law on privacy and 3 obtained from relevant elements of the Federal Government pursuant to a memorandum of understanding specifying the terms and conditions for the sharing of such data including by identifying— A the statutory authority governing such sharing B the minimum amount of data needed to be shared C the exact data to be shared D the method of securely sharing such data and E the limitations on the use and disclosure of such data d PUBLICATION —The Administrator shall make publicly available on the internet website of the Department of Energy each report under subsection a subject to the regulations and Federal law specified in subsection c 2 e GAO REVIEW —Not later than one year after the date on which the Administrator submits the first report under subsection a the Comptroller General of the United States shall submit to the congressional defense committees a review of— 1 the diversity of contractor employees with respect to both the hiring and retention of such employees 2 the demographic composition of such employees and 3 the issues relating to diversity that such report identifies and the steps taken to address such issues f SENSE OF CONGRESS —It is the sense of Congress that— 1 the National Nuclear Security Administration is undertaking the largest and most complex workload since the end of the Cold War 2 ensuring that the nuclear security enterprise hires trains and retains a diverse and highly educated workforce is a national security priority of the United States 3 more than 5 000 employees were hired at the laboratories plants and sites of the National Nuclear Security Administration during fiscal year 2019 and 4 the National Nuclear Security Administration has taken important actions to hire and retain the best and brightest workforce and is encouraged to continue to build upon those efforts particularly as its aging workforce continues to retire g DEFINITIONS —In this section 1 CONTRACTOR EMPLOYEE —The term ‘‘contractor employee’’ means an employee of a management and operating contractor of the nuclear security enterprise 2 COVERED ELEMENT —The term ‘‘covered element’’ means each national security laboratory and nuclear weapons production facility as such terms are defined in section 3281 of the National Nuclear Security Administration Act 50 U S C 2471 3 NUCLEAR SECURITY ENTERPRISE —The term ‘‘nuclear security enterprise’’ has the meaning that term in section 3281 of the National Nuclear Security Administration Act 50 U S C 2471 SEC 3147 SENSE OF CONGRESS REGARDING COMPENSATION OF INDIVIDUALS RELATING TO URANIUM MINING AND NUCLEAR TESTING a FINDINGS —Congress makes the following findings H R 6395—1002 1 The Radiation Exposure Compensation Act Public Law 101–426 42 U S C 2210 note was enacted in 1990 to provide monetary compensation to individuals who contracted certain cancers and other serious diseases following their exposure to radiation released during atmospheric nuclear weapons testing during the Cold War or following exposure to radiation as a result of employment in the uranium industry during the Cold War 2 The Radiation Exposure Compensation Act expires on July 9 2022 Unless that Act is extended individuals who contract certain cancers and other serious diseases because of events described in paragraph 1 may be unable to claim compensation for such diseases b SENSE OF CONGRESS —It is the sense of Congress that the United States Government should continue to appropriately compensate and recognize the individuals described in subsection a Subtitle F—Budget and Financial Management Matters SEC 3151 REPORTS ON FINANCIAL BALANCES FOR ATOMIC ENERGY DEFENSE ACTIVITIES a IN GENERAL —Section 4732 of the Atomic Energy Defense Act 50 U S C 2772 is amended to read as follows ‘‘SEC 4732 REPORTS ON FINANCIAL BALANCES FOR ATOMIC ENERGY DEFENSE ACTIVITIES ‘‘ a REPORTS REQUIRED — ‘‘ 1 IN GENERAL —Concurrent with the submission of the budget justification materials submitted to Congress in support of the budget of the President for a fiscal year submitted to Congress pursuant to section 1105 a of title 31 United States Code the Secretary of Energy shall submit to the congressional defense committees a report on the financial balances for each atomic energy defense program ‘‘ 2 PRESENTATION OF INFORMATION —In each report required by paragraph 1 the Secretary shall— ‘‘ A present information on the financial balances for each atomic energy defense program at the budget control levels used in the report accompanying the most current Act appropriating funds for energy and water development and ‘‘ B present financial balances in connection with funding under recurring DOE national security authorizations as defined in section 4701 separately from balances in connection with funding under any other provision of law ‘‘ b ELEMENTS — ‘‘ 1 FORMAT —Each report required by subsection a shall— ‘‘ A be divided into two parts as specified in paragraphs 2 and 3 and ‘‘ B set forth the information required by those paragraphs in summary form and by fiscal year H R 6395—1003 ‘‘ 2 PART 1 —The first part of the report required by subsection a shall set forth for each atomic energy defense program the following information as of the end of the most recently completed fiscal year ‘‘ A The balance of any unobligated funds and an explanation for why those funds are unobligated ‘‘ B The total funds available to cost ‘‘ C The total balance of costed funds ‘‘ D The total balance of uncosted funds ‘‘ E The threshold for the balance of uncosted funds stated in dollars ‘‘ F The amount of any balance of uncosted funds that is over or under that threshold and in the case of a balance over that threshold an explanation for why the balance is over that threshold ‘‘ G The total balance of committed uncosted funds ‘‘ H The total balance of uncommitted uncosted funds ‘‘ I The amount of any balance of uncommitted uncosted funds that is over or under the threshold described in subparagraph E and in the case of a balance over that threshold an explanation for why the balance is over that threshold ‘‘ 3 PART 2 —The second part of the report required by subsection a shall set forth for each atomic energy defense program the following information ‘‘ A The balance of any unobligated funds as of the end of the first quarter of the current fiscal year ‘‘ B The total balance of uncosted funds as of the end of the first quarter of the current fiscal year ‘‘ C Unalloted budget authority ‘‘ c DEFINITIONS —In this section ‘‘ 1 COMMITTED —The term ‘committed’ with respect to funds means the funds are associated with a legally enforceable agreement such as a purchase order or contract that has been entered into ‘‘ 2 COSTED —The term ‘costed’ with respect to funds means the funds have been obligated to a contract and goods or services have been received by the contractor in exchange for the funds ‘‘ 3 UNCOMMITTED —The term ‘uncommitted’ with respect to funds means the funds are not committed ‘‘ 4 UNCOSTED —The term ‘uncosted’ with respect to funds means the funds have been obligated to a contract and goods or services have not been received by the contractor in exchange for the funds ‘‘ 5 THRESHOLD —The term ‘threshold’ means a benchmark over which a balance carried over at the end of a fiscal year should be given greater scrutiny by Congress ‘‘ 6 TOTAL FUNDS AVAILABLE TO COST —The term ‘total funds available to cost’ means the sum of— ‘‘ A total uncosted obligations from prior fiscal years ‘‘ B current fiscal year obligations and ‘‘ C current fiscal year deobligations ’’ b CLERICAL AMENDMENT —The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4732 and inserting the following new item ‘‘Sec 4732 Reports on financial balances for atomic energy defense activities ’’ H R 6395—1004 Subtitle G—Administrative Matters SEC 3161 MODIFICATIONS TO ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY CHAIN RISK Section 4806 of the Atomic Energy Defense Act 50 U S C 2786 is amended— 1 in subsections a and c by inserting ‘‘or special exclusion action’’ after ‘‘covered procurement action’’ each place it appears 2 by redesignating subsections e and f as subsections f and g respectively 3 by inserting after subsection d the following new subsection e ‘‘ e DELEGATION OF AUTHORITY —The Secretary may delegate the authority under this section to— ‘‘ 1 in the case of the Administration the Administrator and ‘‘ 2 in the case of any other component of the Department of Energy the Senior Procurement Executive of the Department ’’ and 4 in subsection f as redesignated by paragraph 2 — A by redesignating paragraph 6 as paragraph 7 and B by inserting after paragraph 5 the following new paragraph 6 ‘‘ 6 SPECIAL EXCLUSION ACTION —The term ‘special exclusion action’ means an action to prohibit for a period not to exceed two years the award of any contracts or subcontracts by the Administration or any other component of the Department of Energy related to any covered system to a source the Secretary determines to represent a supply chain risk ’’ SEC 3162 EXTENSION OF PILOT PROGRAM ON UNAVAILABILITY FOR OVERHEAD COSTS OF AMOUNTS SPECIFIED FOR LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT Section 3119 of the National Defense Authorization Act for Fiscal Year 2017 Public Law 114–328 50 U S C 2791 note is amended— 1 in subsection c 2 by striking ‘‘four’’ and inserting ‘‘nine’’ and 2 in subsection d by striking ‘‘February 15 2020’’ and inserting ‘‘February 15 2025’’ Subtitle H—Other Matters SEC 3171 INDEPENDENT STUDY ON POTENTIAL ENVIRONMENTAL EFFECTS OF NUCLEAR WAR a STUDY —The Administrator for Nuclear Security in consultation with the Secretary of Defense and the Director of National Intelligence shall seek to enter into an agreement with the National Academies of Sciences Engineering and Medicine under which the National Academies conduct a study on the environmental effects of nuclear war b MATTERS INCLUDED —The study under subsection a shall include the following H R 6395—1005 1 An evaluation of the non-fallout atmospheric effects of plausible scenarios for nuclear war ranging from lowquantity regional exchanges to large-scale exchanges between major powers 2 An examination of the effects evaluated under paragraph 1 by— A the yield type and number of nuclear weapons B the types and locations of targets C the time distribution of the explosions D the atmospheric conditions and E other factors that may have a significant impact on the effects 3 An assessment of current models of nuclear explosions including with respect to— A the fires such explosions may cause B the atmospheric transport of the gases from such explosions C the radioactive material from such explosions and D the soot and other debris from such fires and explosions and the atmospheric terrestrial and marine consequences of such effects including with respect to changes in weather patterns airborne particulate concentrations stratospheric ozone agriculture and long-term regional ecosystem viability 4 Identification of the capabilities and limitations of the models described in paragraph 3 for assessing the environmental effects of nuclear war including— A an evaluation of the relevant uncertainties B a highlight of the key data gaps and C recommendations for how such models can be improved to better inform decision making c REPORT — 1 IN GENERAL —Not later than 18 months after the date of the enactment of this Act the National Academies shall submit to the Administrator the Secretary the Director and the congressional defense committees a report on the study under subsection a 2 FORM —The report under paragraph 1 shall be submitted in unclassified form but may include a classified annex d PROVISION OF INFORMATION — 1 SECRETARY OF DEFENSE —The Secretary shall provide to the National Academies such information of the Department of Defense as is necessary for the National Academies to conduct the study under subsection a including information relating to relevant scenarios described in subsection b 2 DIRECTOR OF NATIONAL INTELLIGENCE —The Director shall provide to the National Academies such information on foreign adversary capabilities as is necessary for the National Academies to conduct the study under subsection a including information relating to relevant scenarios described in subsection b SEC 3172 REVIEW OF FUTURE OF COMPUTING BEYOND EXASCALE AT THE NATIONAL NUCLEAR SECURITY ADMINISTRATION a IN GENERAL —The Administrator for Nuclear Security in consultation with the Secretary of Energy shall enter into an agreement with the National Academy of Sciences to review the H R 6395—1006 future of computing beyond exascale computing to meet national security needs at the National Nuclear Security Administration b ELEMENTS —The review required by subsection a shall address the following 1 Future computing needs of the National Nuclear Security Administration that exascale computing will not accomplish during the 20 years after the date of the enactment of this Act 2 Computing architectures that potentially can meet those needs including— A classical computing architectures employed as of such date of enactment B quantum computing architectures and other novel computing architectures C hybrid combinations of classical and quantum computing architectures and D other architectures as necessary 3 The development of software for the computing architectures described in paragraph 2 4 The maturity of the computing architectures described in paragraph 2 and the software described in paragraph 3 with key obstacles that must be overcome for the employment of such architectures and software 5 The secure industrial base that exists as of the date of the enactment of this Act to meet the unique needs of computing at the National Nuclear Security Administration including needs with respect to— A personnel B microelectronics and C other appropriate matters c INFORMATION AND CLEARANCES —The Administrator shall ensure that personnel of the National Academy of Sciences overseeing the implementation of the agreement required by subsection a or conducting the review required by that subsection receive in a timely manner access to information and necessary security clearances to enable the conduct of the review d REPORT REQUIRED — 1 IN GENERAL —Not later than 2 years after the date of the enactment of this Act the National Academy of Sciences shall submit to the congressional defense committees a report on the findings of the review required by subsection a 2 FORM —The report required by paragraph 1 shall be submitted in unclassified form but may include a classified annex e EXASCALE COMPUTING DEFINED —In this section the term ‘‘exascale computing’’ means computing through the use of a computing machine that performs near or above 10 to the 18th power floating point operations per second SEC 3173 SENSE OF CONGRESS ON THE AGREEMENT SUSPENDING THE ANTIDUMPING INVESTIGATION ON URANIUM FROM THE RUSSIAN FEDERATION It is the sense of Congress that the Agreement Suspending the Antidumping Investigation on Uranium from the Russian Federation dated October 16 1992 as most recently amended by an agreement signed by the United States Department of Commerce and the State Atomic Energy Corporation Rosatom of the Russian H R 6395—1007 Federation on October 6 2020 85 Fed Reg 64112 will provide certainty to the United States nuclear fuel supply chain while avoiding unfair trade practices in the importation of uranium products from the Russian Federation consistent with national security and nonproliferation goals of the United States TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec 3201 Authorization Sec 3202 Nonpublic collaborative discussions by Defense Nuclear Facilities Safety Board SEC 3201 AUTHORIZATION There are authorized to be appropriated for fiscal year 2021 $28 836 000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 42 U S C 2286 et seq SEC 3202 NONPUBLIC COLLABORATIVE DISCUSSIONS BY DEFENSE NUCLEAR FACILITIES SAFETY BOARD Section 313 of the Atomic Energy Act of 1954 42 U S C 2286b is amended by adding at the end the following new subsection ‘‘ k NONPUBLIC COLLABORATIVE DISCUSSIONS — ‘‘ 1 IN GENERAL —Notwithstanding section 552b of title 5 United States Code a quorum of the members of the Board may hold a meeting that is not open to public observation to discuss official business of the Board if— ‘‘ A no formal or informal vote or other official action is taken at the meeting ‘‘ B each individual present at the meeting is a member or an employee of the Board ‘‘ C at least one member of the Board from each political party is present at the meeting unless all members of the Board are of the same political party at the time of the meeting and ‘‘ D the general counsel of the Board or a designee of the general counsel is present at the meeting ‘‘ 2 DISCLOSURE OF NONPUBLIC COLLABORATIVE DISCUSSIONS — ‘‘ A IN GENERAL —Except as provided by subparagraph B not later than two business days after the conclusion of a meeting described in paragraph 1 the Board shall make available to the public in a place easily accessible to the public— ‘‘ i a list of the individuals present at the meeting and ‘‘ ii a summary of the matters including key issues discussed at the meeting except for any matter the Board properly determines may be withheld from the public under section 552b c of title 5 United States Code ‘‘ B INFORMATION ABOUT MATTERS WITHHELD FROM PUBLIC —If the Board properly determines under subparagraph A ii that a matter may be withheld from the public under section 552b c of title 5 United States Code the Board shall include in the summary required by that H R 6395—1008 subparagraph as much general information as possible with respect to the matter ‘‘ 3 RULES OF CONSTRUCTION —Nothing in this subsection may be construed— ‘‘ A to limit the applicability of section 552b of title 5 United States Code with respect to— ‘‘ i a meeting of the members of the Board other than a meeting described in paragraph 1 or ‘‘ ii any information that is proposed to be withheld from the public under paragraph 2 A ii or ‘‘ B to authorize the Board to withhold from any individual any record that is accessible to that individual under section 552a of title 5 United States Code ’’ TITLE XXXIV—NAVAL PETROLEUM RESERVES Sec 3401 Authorization of appropriations SEC 3401 AUTHORIZATION OF APPROPRIATIONS a AMOUNT —There are hereby authorized to be appropriated to the Secretary of Energy $13 006 000 for fiscal year 2021 for the purpose of carrying out activities under chapter 869 of title 10 United States Code relating to the naval petroleum reserves b PERIOD OF AVAILABILITY —Funds appropriated pursuant to the authorization of appropriations in subsection a shall remain available until expended 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 Subtitle A—Maritime Administration SEC 3501 AUTHORIZATION OF THE MARITIME ADMINISTRATION a FISCAL YEAR 2021 AUTHORIZATION —There are authorized to be appropriated to the Department of Transportation for fiscal H R 6395—1009 year 2021 to be available without fiscal year limitation if so provided in appropriations Acts for programs associated with maintaining the United States merchant marine the following amounts 1 For expenses necessary for operations of the United States Merchant Marine Academy $85 441 000 of which— A $79 941 000 shall be for Academy operations and B $5 500 000 shall remain available until expended for capital asset management at the Academy 2 For expenses necessary to support the State maritime academies $50 780 000 of which— A $2 400 000 shall remain available until September 30 2022 for the Student Incentive Program B $6 000 000 shall remain available until expended for direct payments to such academies C $3 800 000 shall remain available until expended for training ship fuel assistance D $8 080 000 shall remain available until expended for offsetting the costs of training ship sharing and E $30 500 000 shall remain available until expended for maintenance and repair of State maritime academy training vessels 3 For expenses necessary to support the National Security Multi-Mission Vessel Program $388 815 000 which shall remain available until expended 4 For expenses necessary to support Maritime Administration operations and programs $67 148 000 of which— A $3 000 000 shall remain available until expended for activities authorized under section 50307 of title 46 United States Code and B $9 775 000 shall remain available until expended for the Marine Highways Program 5 For expenses necessary to dispose of vessels in the National Defense Reserve Fleet $5 000 000 which shall remain available until expended 6 For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46 United States Code $494 008 000 7 For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46 United States Code $33 000 000 of which— A $30 000 000 shall remain available until expended for the cost as defined in section 502 5 of the Federal Credit Reform Act of 1990 2 U S C 661a 5 of loan guarantees under the program and B $3 000 000 may be used for administrative expenses relating to loan guarantee commitments under the program 8 For expenses necessary to provide assistance to small shipyards and for maritime training programs under section 54101 of title 46 United States Code $20 000 000 which shall remain available until expended 9 For expenses necessary to implement the Port and Intermodal Improvement Program $750 000 000 except that no such funds may be used to provide a grant to purchase fully automated cargo handling equipment that is remotely H R 6395—1010 operated or remotely monitored with or without the exercise of human intervention or control if the Secretary determines such equipment would result in a net loss of jobs within a port or port terminal b AMOUNT OF FISCAL YEAR 2021 CONTRACTOR PAYMENTS UNDER OPERATING AGREEMENTS —Section 53106 a 1 B of title 46 United States Code is amended by striking ‘‘$5 233 463’’ and inserting ‘‘$8 233 463’’ c CONFORMING AMENDMENT —Title 46 United States Code is further amended— 1 in section 53111 2 by striking ‘‘$314 007 780’’ and inserting ‘‘$494 008 000’’ and 2 in section 54101 i by striking ‘‘for each of fiscal years 2020 and 2021 to carry out this section $40 000 000’’ and inserting ‘‘for fiscal year 2021 to carry out this section $20 000 000’’ SEC 3502 IMPROVEMENTS TO PROCESS FOR WAIVING NAVIGATION AND VESSEL-INSPECTION LAWS AND APPROVING FOREIGN VESSEL CHARTERS FOR PASSENGER VESSELS a IMPROVEMENTS TO WAIVER PROCESS — 1 IN GENERAL —Section 501 of title 46 United States Code is amended— A by striking subsection a and inserting the following new subsection a ‘‘ a ON REQUEST OF SECRETARY OF DEFENSE — ‘‘ 1 IN GENERAL —On request of the Secretary of Defense the head of an agency responsible for the administration of the navigation or vessel-inspection laws shall waive compliance with those laws to the extent the Secretary considers necessary in the interest of national defense to address an immediate adverse effect on military operations ‘‘ 2 SUBMITTAL OF EXPLANATION TO CONGRESS —Not later than 24 hours after making a request under paragraph 1 the Secretary of Defense shall submit to the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives and the Committee on Commerce Science and Transportation and the Committee on Armed Services of the Senate a written explanation of the circumstances requiring such a waiver in the interest of national defense including a confirmation that there are insufficient qualified vessels to meet the needs of national defense without such a waiver ’’ B in subsection b — i by redesignating paragraphs 2 and 3 as paragraphs 3 and 4 respectively ii by inserting after paragraph 1 the following new paragraph 2 ‘‘ 2 DURATION OF WAIVER — ‘‘ A IN GENERAL —Subject to subparagraphs B and C a waiver issued under this subsection shall be for a period of not more than 10 days ‘‘ B WAIVER EXTENSION —Upon the termination of the period of a waiver issued under this subsection the head of an agency may extend the waiver for an additional H R 6395—1011 period of not more than 10 days if the Maritime Administrator makes the determinations referred to in paragraph 1 ‘‘ C AGGREGATE DURATION —The aggregate duration of the period of all waivers and extensions of waivers under this subsection with respect to any one set of events shall not exceed 45 days ’’ and iii in paragraph 4 as so redesignated— I in subparagraph B ii by striking ‘‘paragraph 2 A ’’ and inserting ‘‘paragraph 3 A ’’ and II by adding at the end the following new subparagraph ‘‘ C NOTIFICATION REQUIRED FOR EXTENSIONS —For purposes of this paragraph an extension requested or issued under paragraph 2 B shall be treated in the same manner as a waiver requested or issued under this subsection ’’ C by redesignating subsection c as subsection d and D by inserting after subsection b the following new subsection ‘‘ c REPORT — ‘‘ 1 IN GENERAL —Not later than 10 days after the date of the conclusion of the voyage of a vessel that during such voyage operated under a waiver issued under this section the owner or operator of the vessel shall submit to the Maritime Administrator a report that includes— ‘‘ A the name and flag of the vessel ‘‘ B the dates of the voyage ‘‘ C any relevant ports of call and ‘‘ D any other information the Maritime Administrator determines necessary ‘‘ 2 PUBLICATION —Not later than 48 hours after receiving a report under paragraph 1 the Maritime Administrator shall publish such report on an appropriate website of the Department of Transportation ’’ 2 APPLICABILITY —The amendments made by paragraph 1 shall apply with respect to waivers issued after the date of the enactment of this Act b FOREIGN VESSEL CHARTERS FOR PASSENGER VESSELS —For fiscal year 2020 and each subsequent fiscal year the Maritime Administrator shall make publicly available on an appropriate website of the Maritime Administration— 1 a detailed summary of each request for a determination approval or confirmation that a vessel charter for a passenger vessel is encompassed by the general approval of time charters issued pursuant to section 56101 of title 46 United States Code or regulations prescribed pursuant to such section and 2 the final action of the Administration with respect to such request after the provision of notice and opportunity for public comment SEC 3503 SUPERINTENDENT OF THE UNITED STATES MERCHANT MARINE ACADEMY a SENSE OF CONGRESS —It is the sense of Congress that due to the unique mission of the United States Merchant Marine Academy it is highly desirable that the Superintendent of the H R 6395—1012 Academy be a graduate of the Academy in good standing and have attained an unlimited merchant marine officer’s license b QUALIFICATIONS OF SUPERINTENDENT —Section 51301 c 2 of title 46 United States Code is amended— 1 in subparagraph A i by inserting after ‘‘attained’’ the following ‘‘the rank of Captain Chief Mate or Chief Engineer in the merchant marine of the United States or’’ and 2 in subparagraphs B i I and C i by inserting ‘‘merchant marine ’’ before ‘‘Navy ’’ SEC 3504 ASSISTANCE FOR INLAND AND SMALL COASTAL PORTS AND TERMINALS Section 50302 of title 46 United States Code is amended— 1 in subsection c — A in paragraph 2 — i in the matter preceding subparagraph A by inserting ‘‘or subsection d ’’ after ‘‘this subsection’’ and ii in subparagraph G by inserting ‘‘ including the owners or operators of a facility or collection of facilities at a port’’ after ‘‘private entities’’ B in paragraph 5 — i in subparagraph A by inserting ‘‘or subsection d ’’ after ‘‘this subsection’’ ii in subparagraph B — I by striking ‘‘60’’ and inserting ‘‘90’’ and II by inserting ‘‘or subsection d ’’ after ‘‘this subsection’’ C in paragraph 6 by striking subparagraph C D in paragraph 7 — i in subparagraph B — I by striking ‘‘25 percent’’ and inserting ‘‘18 percent’’ and II by striking ‘‘paragraph 3 A ’’ and all that follows through the period at the end of clause ii and inserting ‘‘subsection d The requirement under paragraph 6 A ii shall not apply to grants made under subsection d ’’ and ii by striking subparagraph C and inserting the following ‘‘ C DEVELOPMENT PHASE ACTIVITIES —Of the amounts made available for grants under this section for a fiscal year— ‘‘ i not more than 10 percent may be used to make grants for development phase activities under paragraph 3 B and ‘‘ ii not more than 10 percent may be used to make grants for development phase activities under subsection d 3 A ii III ’’ E in paragraph 8 — i in subparagraph A — I by inserting ‘‘or subsection d ’’ after ‘‘this subsection’’ the first place it appears and II by striking ‘‘a project under this subsection’’ and inserting ‘‘the project for which the grant is requested’’ ii in subparagraph B — H R 6395—1013 I in clause i by striking ‘‘under this subsection’’ and inserting ‘‘under this subsection or subsection d ’’ and II in clause ii by inserting ‘‘for which a grant is awarded under subsection d or that is’’ after ‘‘project’’ and F in paragraph 9 by inserting ‘‘for grants made under this subsection and subsection d ’’ after ‘‘procedures’’ G in paragraph 10 by inserting ‘‘or subsection d ’’ after ‘‘this subsection’’ H in paragraph 11 — i in subparagraph A — I by striking ‘‘under this subsection’’ and inserting ‘‘to make grants for port development under this section’’ and II by striking ‘‘to carry out this subsection’’ and inserting ‘‘to make grants for port development under this section’’ ii in subparagraph B — I in clause i by striking ‘‘for carrying out this subsection’’ and inserting ‘‘to make grants for port development under this section’’ and II in clause ii — aa by striking ‘‘under this subsection’’ and inserting ‘‘for port development under this section’’ bb by inserting ‘‘or that are returned under paragraph 9 C ’’ after ‘‘the award’’ and cc by adding at the end the following new sentence ‘‘Any such amount may only be expended to award a grant under the same subsection of this section under which the original grant was made ’’ and I in paragraph 12 — i by inserting ‘‘and subsection d ’’ after ‘‘this subsection’’ and ii by striking subparagraph A and redesignating subparagraphs B through D as subparagraphs A through C respectively 2 by redesignating subsection d as subsection e 3 by inserting after subsection c the following new subsection d ‘‘ d ASSISTANCE FOR SMALL INLAND AND COASTAL PORTS AND TERMINALS — ‘‘ 1 IN GENERAL —From amounts reserved under subsection c 7 B the Secretary acting through the Administrator of the Maritime Administration shall make grants under this subsection to eligible applicants for eligible projects at a port to and from which the average annual tonnage of cargo for the immediately preceding 3 calendar years from the time an application is submitted is less than 8 000 000 short tons as determined using United States Army Corps of Engineers data or data provided by an independent audit the findings of which are acceptable to the Secretary ‘‘ 2 AWARDS —In providing assistance under this subsection the Secretary shall— H R 6395—1014 ‘‘ A take into account— ‘‘ i the economic advantage and the contribution to freight transportation at a port and ‘‘ ii the competitive disadvantage of such a port ‘‘ B not make more than 1 award per applicant under this subsection for each fiscal year appropriation and ‘‘ C take into consideration the degree to which a project would promote the enhancement and efficiencies of a port ‘‘ 3 USE OF FUNDS — ‘‘ A IN GENERAL —Assistance provided under this subsection may be used for a project that— ‘‘ i is— ‘‘ I within the boundary of a port or ‘‘ II outside the boundary of a port but is directly related to port operations or to an intermodal connection to a port and ‘‘ ii for— ‘‘ I making capital improvements including to piers wharves docks terminals and similar structures used principally for the movement of goods ‘‘ II acquiring improving repairing or maintaining transportation or physical infrastructure buildings or equipment ‘‘ III performing development phase activities described in subsection c 3 B related to carrying out an activity described in this clause and ‘‘ IV otherwise fulfilling the purposes for which such assistance is provided ‘‘ B ACQUISITION METHODS —The Secretary may not require as a condition of issuing a grant under this subsection— ‘‘ i direct ownership of either a facility or equipment to be procured using funds awarded under this subsection or ‘‘ ii that equipment procured using such funds be new ‘‘ 4 PROHIBITED USES —Funds provided under this subsection may not be used for— ‘‘ A projects conducted on property outside the boundary of a port unless such property is directly related to port operations or to an intermodal connection to a port ‘‘ B any single grant award more than 10 percent of total allocation of funds to carry out this subsection per fiscal year appropriation or ‘‘ C activities including channel improvements or harbor deepening that is part of a Federal channel or an access channel associated with a Federal channel authorized as of the date of the application for assistance under this subsection to be carried out by of the United States Army Corps of Engineers ‘‘ 5 MATCHING REQUIREMENTS — ‘‘ A IN GENERAL —Any costs of the project to be paid by the recipient’s matching share pursuant to subsection c 8 B may— H R 6395—1015 ‘‘ i be incurred prior to the date on which assistance is provided and ‘‘ ii include a loan agreement a commitment from investors cash on balance sheet or other contributions determined acceptable by the Secretary ‘‘ B DETERMINATION OF EFFECTIVENESS —In determining whether a project meets the criteria under clauses i iii iv v and vi of subsection c 6 A the Secretary shall accept documentation used to obtain a commitment of the matching funds covered by this paragraph including feasibility studies business plans investor prospectuses loan applications or similar documentation ’’ and 4 in subsection e 3 as so redesignated— A by inserting ‘‘or subsection d ’’ after ‘‘subsection c ’’ and B by striking ‘‘to port authorities or commissions or their subdivisions and agents’’ and inserting ‘‘to any eligible applicants as described in subsection c 2 ’’ SEC 3505 MARITIME TRANSPORTATION SYSTEM EMERGENCY RELIEF PROGRAM a IN GENERAL —Chapter 503 of title 46 United States Code is amended by adding at the end the following ‘‘§ 50308 Maritime transportation system emergency relief program ‘‘ a GENERAL AUTHORITY —The Maritime Administrator may make grants to and enter into contracts and agreement with eligible State and Tribal entities and eligible entities for— ‘‘ 1 the costs of capital projects to protect repair reconstruct or replace equipment and facilities of the United States maritime transportation system that the Maritime Administrator determines is in danger of suffering serious physical damage or has suffered serious physical damage as a result of an emergency and ‘‘ 2 eligible operating costs of United States maritime transportation equipment and facilities in an area directly affected by an emergency during— ‘‘ A the one-year period beginning on the date of a declaration of an emergency referred to in subparagraph A or B of subsection j 4 and ‘‘ B an additional one-year period beginning one year after the date of an emergency referred to in subparagraph A or B of subsection j 4 if the Maritime Administrator in consultation with the Administrator of the Federal Emergency Management Administration determines there is a compelling need arising out of the emergency for which the declaration is made ‘‘ b ALLOCATION — ‘‘ 1 IN GENERAL —The Maritime Administrator shall determine an appropriate method for the equitable allocation and distribution of funds under this section to eligible State and Tribal entities and eligible entities H R 6395—1016 ‘‘ 2 PRIORITY —To the extent practicable in allocating and distributing funds under this section the Maritime Administrator shall give priority to applications submitted by eligible State or Tribal entities ‘‘ c APPLICATIONS —An applicant for assistance under this section shall submit an application for such assistance to the Maritime Administrator at such time in such manner and containing such information and assurances as the Maritime Administrator may require ‘‘ d COORDINATION OF EMERGENCY FUNDS — ‘‘ 1 USE OF FUNDS —Funds appropriated to carry out this section shall be in addition to any other funds available under this chapter ‘‘ 2 NO EFFECT ON OTHER GOVERNMENT ACTIVITY —The provision of funds under this section shall not affect the ability of any other agency of the Government including the Federal Emergency Management Agency or a State agency a local governmental entity organization or person to provide any other funds otherwise authorized by law ‘‘ e GRANT REQUIREMENTS —A grant awarded under this section that is made to address an emergency referred to in subsection j 4 B shall be— ‘‘ 1 subject to the terms and conditions the Maritime Administrator determines are necessary ‘‘ 2 made only for expenses that are not reimbursed under the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 U S C 5121 et seq or any Federal State or local assistance program and ‘‘ 3 made only for expenses that are not reimbursed under any type of marine insurance ‘‘ f FEDERAL SHARE OF COSTS —The Federal share payable of the costs for which a grant is made under this section shall be 100 percent ‘‘ g ADMINISTRATIVE COSTS —Of the amounts available to carry out this section not more than two percent may be used for administration of this section ‘‘ h QUALITY ASSURANCE —The Maritime Administrator shall institute adequate policies procedures and internal controls to prevent waste fraud abuse and program mismanagement for the distribution of funds under this section ‘‘ i REPORTS —On an annual basis the Maritime Administrator shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the financial assistance provided under this section during the year covered by the report Each such report shall include for such year a description of such assistance provided and of how such assistance— ‘‘ 1 affected the United States maritime transportation system ‘‘ 2 mitigated the financial impact of the emergency on the recipient of the assistance and ‘‘ 3 protected critical infrastructure in the United States ‘‘ j DEFINITIONS —In this section ‘‘ 1 ELIGIBLE STATE OR TRIBAL ENTITY —The term ‘eligible State or Tribal entity’ means— ‘‘ A a port authority or H R 6395—1017 ‘‘ B a vessel owned and operated by a State or Tribal government and facilities associated with the operation of such vessel ‘‘ 2 ELIGIBLE ENTITY —The term ‘eligible entity’ means a public or private entity that is created or organized in the United States or under the laws of the United States with significant operations in and a majority of its employees based in the United States that is engaged in— ‘‘ A vessel construction transportation by water or support activities for transportation by water with an assigned North American Industry Classification System code beginning with 3366 483 4883 or 6113 or in the case of such construction transportation or support activities conducted by a fish processing vessel such an assigned code beginning with 3117 or ‘‘ B as determined by the Secretary of Transportation— ‘‘ i construction or water transportation related to activities described in subparagraph A or ‘‘ ii maritime education and training ‘‘ 3 ELIGIBLE OPERATING COSTS —The term ‘eligible operating costs’ means costs relating to— ‘‘ A emergency response ‘‘ B cleaning ‘‘ C sanitization ‘‘ D janitorial services ‘‘ E staffing ‘‘ F workforce retention ‘‘ G paid leave ‘‘ H procurement and use of protective health equipment testing and training for employees and contractors ‘‘ I debt service payments ‘‘ J infrastructure repair projects ‘‘ K fuel and ‘‘ L other maritime transportation system operations as determined by the Secretary of Transportation ‘‘ 4 EMERGENCY —The term ‘emergency’ means a natural disaster affecting a wide area such as a flood hurricane tidal wave earthquake severe storm or landslide or a catastrophic failure from any external cause that impacts the United States maritime transportation system and as a result of which— ‘‘ A the Governor of a State has declared an emergency and the Maritime Administrator in consultation with the Administrator of the Federal Emergency Management Administration has concurred in the declaration ‘‘ B the President has declared a major disaster under section 401 of the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 U S C 5170 ‘‘ C national emergency declared by the President under the National Emergencies Act 50 U S C 1601 et seq is in effect or ‘‘ D a public health emergency declared pursuant to section 319 of the Public Health Service Act 42 U S C 247d is in effect ’’ H R 6395—1018 b CLERICAL AMENDMENT —The analysis for such chapter is amended by adding at the end the following ‘‘50308 Port development maritime transportation system emergency relief program ’’ c INCLUSION OF COVID–19 PANDEMIC PUBLIC HEALTH EMERGENCY —For purposes of section 50308 of title 46 United States Code as added by subsection a the public health emergency declared pursuant to section 319 of the Public Health Service Act 42 U S C 247d resulting from the COVID–19 pandemic shall be treated as an emergency SEC 3506 SEA YEAR CADETS ON CABLE SECURITY FLEET AND TANKER SECURITY FLEET VESSELS Section 51307 of title 46 United States Code is amended by striking subsection b and inserting the following ‘‘ b SEA YEAR CADETS ON CABLE SECURITY FLEET AND TANKER SECURITY FLEET VESSELS —The Secretary shall require an operator of a vessel participating in the Maritime Security Program under chapter 531 of this title the Cable Security Fleet under chapter 532 of this title or the Tanker Security Fleet under chapter 534 of this title to carry on each Maritime Security Program vessel Cable Security Fleet vessel or Tanker Security Fleet vessel 2 United States Merchant Marine Academy cadets if available on each voyage ’’ SEC 3507 CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME WORKFORCE TRAINING AND EDUCATION TECHNICAL AMENDMENTS a REDESIGNATION AND TRANSFER OF SECTION —Section 54102 of title 46 United States Code is redesignated as section 51706 of such title and transferred to appear after section 51705 of such title b CLERICAL AMENDMENTS —Title 46 United States Code is amended— 1 in the analysis for chapter 541 by striking the item relating to section 54102 and 2 in the analysis for chapter 517 by striking the item relating to section 51705 and inserting the following ‘‘51705 Training for use of force against piracy ‘‘51706 Center of excellence for domestic maritime workforce training and education ’’ SEC 3508 MERCHANT MARINER TRAINING AND EDUCATION a IN GENERAL —Chapter 517 of title 46 United States Code as amended by this Act is further amended by adding at the end the following ‘‘§ 51707 Merchant mariner recruitment training and retention strategic plan ‘‘ a STRATEGIC PLAN — ‘‘ 1 IN GENERAL —Not later than one year after the date of the enactment of this section and at least once every five years thereafter until the termination date under paragraph 6 the Secretary of Transportation acting through the Administrator of the Maritime Administration shall publish in the Federal Register a plan to recruit train and retain merchant mariners for the five-year period following the date H R 6395—1019 of publication of the most recently published plan under this paragraph ‘‘ 2 CONTENTS —A plan published under paragraph 1 shall contain— ‘‘ A a strategy to address merchant mariner recruitment training and retention issues in the United States and ‘‘ B demonstration and research priorities concerning merchant mariner recruitment training and retention ‘‘ 3 FACTORS —In developing a plan under paragraph 1 the Secretary shall take into account at a minimum— ‘‘ A the availability of existing research as of the date of publication of the plan and ‘‘ B the need to ensure results that have broad applicability for the United States merchant marine workforce development ‘‘ 4 CONSULTATION —In developing a plan under paragraph 1 the Secretary shall consult with representatives of the maritime industry labor organizations including the Commander of the Transportation Command and the Commander of the Military Sealift Command and other governmental entities and stakeholders in the maritime industry ‘‘ 5 TRANSMITTAL TO CONGRESS —The Secretary shall transmit copies of any plan published under paragraph 1 to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate ‘‘ 6 TERMINATION DATE —The requirement to publish a plan under this paragraph shall terminate on the date that the Administrator of the Maritime Administration determines that there is an adequate number of United States mariners for sustained strategic sealift ’’ b CONFORMING AMENDMENT —The analysis for such chapter is amended by adding at the end the following ‘‘51707 Merchant mariner recruitment training and retention strategic plan ’’ c STUDY AND REPORT ON FINANCIAL ASSISTANCE FOR TRAINING MERCHANT MARINERS — 1 STUDY REQUIRED —The Administrator of the Maritime Administration in coordination with the Secretary of Education the Secretary of Labor and the Secretary of Veterans Affairs shall conduct a study to— A identify Federal financial assistance available for the training of United States merchant mariners including those working to receive a Standards of Training Certification and Watchkeeping endorsement under subchapter B of chapter 1 of title 46 Code of Federal Regulations B identify individuals eligible for assistance described in subparagraph A and C develop recommendations to improve licensed and unlicensed merchant mariner access to assistance described in subparagraph A 2 REPORT AND BRIEFING —Not later than 180 days after the date of the enactment of this Act the Administrator of the Maritime Administration shall— A provide to Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the H R 6395—1020 Senate a briefing on the results of the study required under paragraph 1 and B make such results publicly available on an appropriate website SEC 3509 PUBLICATION OF INFORMATION ABOUT STUDENTS AND RECENT GRADUATES OF MARITIME ACADEMIES Not later than one year after the date of the enactment of this Act the Maritime Administrator shall make publicly available on an appropriate website data as available on the following 1 The number of individuals who graduated from the United States Merchant Marine Academy and from each State Maritime Academy during the five-year period preceding the date of the enactment of this Act 2 The number of such individuals who have become employed in or whose status qualifies under each of the following categories A Maritime Afloat B Maritime Ashore C Armed Forces of the United States D Non-maritime E Graduate studies F Unknown 3 The number of students in each class at each State Maritime Academy who are receiving as of the date of the enactment of this Act or who received during such five-year period funds under the student incentive payment program under section 51509 of title 46 United States Code 4 The number of students described under paragraph 3 who used partial student incentive payments and who graduated without an obligation under such program 5 The number of students described under paragraph 3 who graduated with an obligation under such program SEC 3510 MARINER LICENSING AND CREDENTIALING FOR M V LISERON a IN GENERAL —Except as provided in subsection b and subject to subsection c for purposes of licensing and credentialing of mariners the Secretary of Homeland Security shall prescribe a tonnage measurement as a small passenger vessel as defined in section 2101 of title 46 United States Code for the M V LISERON United States official number 971339 for purposes of applying the optional regulatory measurement under section 14305 and under chapter 145 of such title b EXCEPTION —Subsection a shall not apply with respect to the vessel referred to in such subsection if the length of the vessel exceeds its length on the date of enactment of this Act c RESTRICTIONS —The vessel referred to in subsection a is subject to the following restrictions 1 The vessel may not operate outside the inland waters of the United States as established under section 151 of title 33 United States Code when carrying passengers for hire and operating under subsection a 2 The Secretary may issue a restricted credential as appropriate for a licensed individual employed to serve on such vessel under prescribed regulations H R 6395—1021 Subtitle B—Tanker Security Fleet SEC 3511 TANKER SECURITY FLEET a IN GENERAL —Part C of subtitle V of title 46 United States Code is amended by inserting after chapter 533 the following new chapter ‘‘CHAPTER 534—TANKER SECURITY FLEET ‘‘53401 ‘‘53402 ‘‘53403 ‘‘53404 ‘‘53405 ‘‘53406 ‘‘53407 ‘‘53408 ‘‘53409 ‘‘53410 ‘‘53411 ‘‘53412 Definitions Establishment of the Tanker Security Fleet Award of operating agreements Effectiveness of operating agreements Obligations and rights under operating agreements Payments National security requirements Regulatory relief Special rule regarding age of participating Fleet vessels Regulations Authorization of appropriations Acquisition of Fleet vessels ‘‘§ 53401 Definitions ‘‘In this chapter ‘‘ 1 FOREIGN COMMERCE —The term ‘foreign commerce’ means— ‘‘ A commerce or trade between the United States its territories or possessions or the District of Columbia and a foreign country and ‘‘ B commerce or trade between foreign countries ‘‘ 2 PARTICIPATING FLEET VESSEL —The term ‘participating Fleet vessel’ means any product tank vessel covered by an operating agreement under this chapter on or after January 1 2022 that— ‘‘ A meets the requirements of one of paragraphs 1 through 4 of section 53402 b of this title and ‘‘ B is no more than 20 years of age ‘‘ 3 PERSON —The term ‘person’ includes corporations partnerships and associations existing under or authorized by laws of the United States or any State territory district or possession thereof or any foreign country ‘‘ 4 PRODUCT TANK VESSEL —The term ‘product tank vessel’ means a double-hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products ‘‘ 5 PROGRAM PARTICIPANT —The term ‘program participant’ means an owner or operator of a vessel that enters into an operating agreement covering a participating fleet vessel with the Secretary under section 53403 ‘‘ 6 SECRETARY —The term ‘Secretary’ means the Secretary of Transportation unless the context indicates otherwise ‘‘ 7 UNITED STATES CITIZEN TRUST —The term ‘United States citizen trust’— ‘‘ A means a trust for which— ‘‘ i each of the trustees is a citizen of the United States and ‘‘ ii the application for documentation of the vessel under chapter 121 of this title includes an affidavit of each trustee stating that the trustee is not aware H R 6395—1022 of any reason involving a beneficiary of the trust that is not a citizen of the United States or involving any other person who is not a citizen of the United States as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States ‘‘ B does not include a trust for which any person that is not a citizen of the United States has authority to direct or participate in directing a trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States or in removing a trustee without cause either directly or indirectly through the control of another person unless the trust instrument provides that persons who are not citizens of the United States may not hold more than 25 percent of the aggregate authority to so direct or remove a trustee and ‘‘ C may include a trust for which a person who is not a citizen of the United States holds more than 25 percent of the beneficial interest in the trust ‘‘§ 53402 Establishment of the Tanker Security Fleet ‘‘ a IN GENERAL —The Secretary of Transportation in consultation with the Secretary of Defense shall establish a fleet of active commercially viable militarily useful privately owned product tank vessels to meet national defense and other security requirements and maintain a United States presence in international commercial shipping The fleet shall consist of privately owned vessels of the United States for which there are in effect operating agreements under this chapter and shall be known as the ‘Tanker Security Fleet’ hereafter in this chapter referred to as the ‘Fleet’ ‘‘ b VESSEL ELIGIBILITY —A vessel is eligible to be included in the Fleet if the vessel— ‘‘ 1 meets the requirements under paragraph 1 2 3 or 4 of subsection c ‘‘ 2 is operated or in the case of a vessel to be constructed will be operated in providing transportation in United States foreign commerce ‘‘ 3 is self-propelled ‘‘ 4 is not more than 10 years of age on the date the vessel is first included in the Fleet ‘‘ 5 is determined by the Secretary of Defense to be suitable for use by the United States for national defense or military purposes in time of war or national emergency ‘‘ 6 is commercially viable as determined by the Secretary of Transportation and ‘‘ 7 is— ‘‘ A a vessel of the United States or ‘‘ B not a vessel of the United States but— ‘‘ i the owner of the vessel has demonstrated an intent to have the vessel documented under chapter 121 of this title if it is included in the Fleet and H R 6395—1023 ‘‘ ii at the time an operating agreement is entered into under this chapter the vessel is eligible for documentation under chapter 121 of this title ‘‘ c REQUIREMENTS REGARDING CITIZENSHIP OF OWNERS CHARTERERS AND OPERATORS — ‘‘ 1 VESSELS OWNED AND OPERATED BY SECTION 50501 CITIZENS —A vessel meets the requirements of this paragraph if during the period of an operating agreement under this chapter that applies to the vessel the vessel will be owned and operated by one or more persons that are citizens of the United States under section 50501 of this title ‘‘ 2 VESSELS OWNED BY A SECTION 50501 CITIZEN OR UNITED STATES CITIZEN TRUST AND CHARTERED TO A DOCUMENTATION CITIZEN —A vessel meets the requirements of this paragraph if— ‘‘ A during the period of an operating agreement under this chapter that applies to the vessel the vessel will be— ‘‘ i owned by a person that is a citizen of the United States under section 50501 of this title or that is a United States citizen trust and ‘‘ ii demise chartered to a person— ‘‘ I that is eligible to document the vessel under chapter 121 of this title ‘‘ II the chairman of the board of directors chief executive officer and a majority of the members of the board of directors of which are citizens of the United States under section 50501 of this title and are appointed and subjected to removal only upon approval by the Secretary of Transportation and ‘‘ III that certifies to the Secretary of Transportation that there are no treaties statutes regulations or other laws that would prohibit the program participant for the vessel from performing its obligations under an operating agreement under this chapter ‘‘ B in the case of a vessel that will be demise chartered to a person that is owned or controlled by another person that is not a citizen of the United States under section 50501 of this title the other person enters into an agreement with the Secretary of Transportation not to influence the operation of the vessel in a manner that will adversely affect the interests of the United States and ‘‘ C the Secretary of Transportation and the Secretary of Defense notify the Committee on Armed Services and the Committee on Commerce Science and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives that the Secretaries concur with the certification required under subparagraph A ii III and have reviewed and agree that there are no legal operational or other impediments that would prohibit the owner or operator for the vessel from performing its obligations under an operating agreement under this chapter H R 6395—1024 ‘‘ 3 VESSELS OWNED AND OPERATED BY A DEFENSE CONTRACTOR —A vessel meets the requirements of this paragraph if— ‘‘ A during the period of an operating agreement under this chapter that applies to the vessel the vessel will be owned and operated by a person that— ‘‘ i is eligible to document a vessel under chapter 121 of this title ‘‘ ii operates or manages other vessels of the United States for the Secretary of Defense or charters other vessels to the Secretary of Defense ‘‘ iii has entered into a special security agreement for the purpose of this paragraph with the Secretary of Defense ‘‘ iv makes the certification described in paragraph 2 A ii III and ‘‘ v in the case of a vessel described in paragraph 2 B enters into an agreement referred to in that paragraph and ‘‘ B the Secretary of Transportation and the Secretary of Defense notify the Committee on Armed Services and the Committee on Commerce Science and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives that they concur with the certification required under subparagraph A iv and have reviewed and agree that there are no legal operational or other impediments that would prohibit the program participant for the vessel from performing its obligations under an operating agreement under this chapter ‘‘ 4 VESSELS OWNED BY DOCUMENTATION CITIZENS AND CHARTERED TO SECTION 50501 CITIZENS —A vessel meets the requirements of this paragraph if during the period of an operating agreement under this chapter the vessel will be— ‘‘ A owned by a person who is eligible to document a vessel under chapter 121 of this title and ‘‘ B demise chartered to a person that is a citizen of the United States under section 50501 of this title ‘‘ d REQUEST BY SECRETARY OF DEFENSE —The Secretary of Defense shall request that the Secretary of Homeland Security issue any waiver under section 501 of this title that the Secretary of Defense determines is necessary for purposes of this chapter ‘‘ e VESSEL STANDARDS — ‘‘ 1 CERTIFICATE OF INSPECTION —A vessel used to provide oceangoing transportation the Secretary of the department in which the Coast Guard is operating determines meets the criteria of subsection b but which on the date of enactment of this section is not documented under chapter 121 shall be eligible for a certificate of inspection if the Secretary of the department in which the Coast Guard is operating determines that— ‘‘ A the vessel is classed by and designed in accordance with the rules of the American Bureau of Shipping or another classification society accepted by the Commandant of the Coast Guard ‘‘ B the vessel complies with applicable international agreements and associated guidelines as determined by H R 6395—1025 the country in which the vessel was documented immediately before becoming documented under chapter 121 of this title and ‘‘ C the country has not been identified by the Commandant of the Coast Guard as inadequately enforcing international vessel regulations as to that vessel ‘‘ 2 CONTINUED ELIGIBILITY FOR CERTIFICATE —Subsection a shall not apply to any vessel that has failed to comply with the applicable international agreements and associated guidelines referred to in paragraph 1 B ‘‘ 3 RELIANCE ON CLASSIFICATION SOCIETY — ‘‘ A IN GENERAL —The Commandant of the Coast Guard may rely on a certification from the American Bureau of Shipping or subject to subparagraph B another classification society accepted by the Commandant of the Coast Guard to establish that a vessel is in compliance with the requirements of paragraph 1 ‘‘ B FOREIGN CLASSIFICATION SOCIETY —The Commandant of the Coast Guard may accept certification from a foreign classification society under subparagraph A only— ‘‘ i to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the American Bureau of Shipping and ‘‘ ii if the foreign classification society has offices and maintains records in the United States ‘‘§ 53403 Award of operating agreements ‘‘ a IN GENERAL —The Secretary of Transportation shall require as a condition of including any vessel in the Fleet that the program participant of the vessel enter into an operating agreement with the Secretary under this section ‘‘ b PROCEDURE FOR APPLICATIONS — ‘‘ 1 ELIGIBLE VESSELS —The Secretary of Transportation shall accept an application for an operating agreement for an eligible product tank vessel under the priority under paragraph 2 only from a person that has authority to enter into an operating agreement under this chapter ‘‘ 2 ESTABLISHMENT OF PRIORITY —The Secretary of Transportation may enter into a new operating agreement with an applicant that meets the requirements of section 53402 c for a vessel that meets the qualifications of section 53402 b and shall give priority to applications based on— ‘‘ A vessel capabilities as established by the Secretary of Defense then ‘‘ B after consideration of vessel type according to an applicant’s record of owning and operating vessels then ‘‘ C after consideration of ownership and operation according to such additional priorities as the Secretary of Transportation may consider appropriate ‘‘ 3 CONCURRENCE OF AWARD —The Secretary of Transportation may not approve an application for an operating agreement without the concurrence of the Secretary of Defense ‘‘ c LIMITATION —For any fiscal year the Secretary of Transportation may not award operating agreements under this chapter H R 6395—1026 that require payments under section 53406 of this title for more than 10 vessels ‘‘ d JUDICIAL REVIEW —No court shall have jurisdiction to review the Secretary’s decision with respect to the award or nonaward of an operating agreement issued under this chapter ‘‘§ 53404 Effectiveness of operating agreements ‘‘ a IN GENERAL —Subject to the availability of appropriations for such purpose the Secretary may enter into an operating agreement under this chapter for fiscal year 2022 and any subsequent fiscal year The agreement shall be effective only for 1 fiscal year but shall be renewable subject to the availability of appropriations for each fiscal year through the end of fiscal year 2035 ‘‘ b VESSELS UNDER CHARTER TO THE UNITED STATES —The program participant of a vessel under charter to the United States is eligible to receive payments pursuant to any operating agreement that covers such vessel ‘‘ c TERMINATION — ‘‘ 1 TERMINATION BY SECRETARY FOR LACK OF PROGRAM PARTICIPANT COMPLIANCE —If the program participant with respect to an operating agreement materially fails to comply with the terms of the agreement— ‘‘ A the Secretary shall notify the program participant and provide a reasonable opportunity to comply with the operating agreement and ‘‘ B the Secretary shall terminate the operating agreement if the program participant fails to achieve such compliance ‘‘ 2 TERMINATION BY PROGRAM PARTICIPANT —If a program participant provides notice of the intent to terminate an operating agreement under this chapter on a date specified by not later than 60 days prior to the date specified by the program participant for such termination such agreement shall terminate on the date specified by the program participant ‘‘ d NONRENEWAL FOR LACK OF FUNDS —If by the first day of a fiscal year sufficient funds have not been appropriated under the authority provided by this chapter for that fiscal year then the Secretary shall notify the Committee on Armed Services and the Committee on Commerce Science and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives that operating agreements authorized under this chapter for which sufficient funds are not available will not be renewed for that fiscal year if sufficient funds are not appropriated by the 60th day of that fiscal year ‘‘ e RELEASE OF VESSELS FROM OBLIGATIONS —If funds are not appropriated for payments under an operating agreement under this chapter for any fiscal year by the 60th day of that fiscal year then— ‘‘ 1 each vessel covered by the operating agreement is thereby released from any further obligation under the operating agreement ‘‘ 2 the program participant for the vessel may transfer and register such vessel under a foreign registry that is acceptable to the Secretary of Transportation and the Secretary of Defense notwithstanding section 56101 of this title and H R 6395—1027 ‘‘ 3 if chapter 563 of this title is applicable to the vessel after registration then the vessel is available to be requisitioned by the Secretary pursuant to chapter 563 of this title ‘‘§ 53405 Obligations and rights under operating agreements ‘‘ a OPERATION OF VESSEL —An operating agreement under this chapter shall require that during the period the vessel covered by the agreement is operating under the agreement the vessel shall— ‘‘ 1 be operated in the United States foreign commerce mixed United States foreign commerce and domestic trade allowed under a registry endorsement issued under section 12111 of this title in foreign-to-foreign commerce or under a charter to the United States ‘‘ 2 not be operated in the coastwise trade except as described in paragraph 1 and ‘‘ 3 be documented under chapter 121 of this title ‘‘ b ANNUAL PAYMENTS BY THE SECRETARY — ‘‘ 1 IN GENERAL —An operating agreement under this chapter shall require subject to the availability of appropriations that the Secretary make a payment to the program participant in accordance with section 53406 ‘‘ 2 OPERATING AGREEMENT IS AN OBLIGATION OF THE UNITED STATES GOVERNMENT —An operating agreement under this chapter constitutes a contractual obligation of the United States Government to pay the amounts provided for in the agreement to the extent of actual appropriations ‘‘ c DOCUMENTATION REQUIREMENT —Each vessel covered by the operating agreement including an agreement terminated under section 53404 c 2 shall remain documented under chapter 121 of this title until the date the operating agreement would terminate according to its terms ‘‘ d NATIONAL SECURITY REQUIREMENTS — ‘‘ 1 IN GENERAL —A program participant with respect to an operating agreement including an agreement terminated under section 53404 c 2 shall continue to be bound by the provisions of section 53407 until the date the operating agreement would terminate according to its terms ‘‘ 2 EMERGENCY PREPAREDNESS AGREEMENT —All terms and conditions of an Emergency Preparedness Agreement entered into under section 53407 shall remain in effect until the date the operating agreement would terminate according to its terms except that the terms of such Emergency Preparedness Agreement may be modified by the mutual consent of the program participant the Secretary of Transportation and the Secretary of Defense ‘‘ e TRANSFER OF OPERATING AGREEMENTS —A program participant may transfer an operating agreement including all rights and obligations under the agreement to any person that is eligible to enter into that operating agreement under this chapter if the Secretary of Transportation and the Secretary of Defense determine that the transfer is in the best interests of the United States ‘‘ f REPLACEMENT OF VESSELS COVERED BY AGREEMENTS — A program participant may replace the vessel with another vessel that is eligible to be included in the Fleet under section 53402 b if the Secretary of Transportation in coordination with the Secretary of Defense approves the replacement of the vessel No court H R 6395—1028 shall have jurisdiction to review a decision by the Secretary of Transportation or the Secretary of Defense pertaining to the replacement of a vessel under this section ‘‘§ 53406 Payments ‘‘ a ANNUAL PAYMENT —Subject to the availability of appropriations for such purpose and the other provisions of this chapter the Secretary shall pay to program participant for an operating agreement under this chapter an amount equal to $6 000 000 for each vessel covered by the agreement for each fiscal year that the vessel is covered by the agreement Such amount shall be paid in equal monthly installments on the last day of each month The amount payable under this subsection may not be reduced except as provided by this section ‘‘ b CERTIFICATION REQUIRED FOR PAYMENT —As a condition of receiving payment under this section for a fiscal year for a vessel the program participant shall certify in accordance with regulations issued by the Secretary that the vessel has been and will be operated in accordance with section 53405 a of this title for at least 320 days during the fiscal year Days during which the vessel is drydocked surveyed inspected or repaired shall be considered days of operation for purposes of this subsection ‘‘ c GENERAL LIMITATIONS —The Secretary may not make any payment under this chapter for a vessel with respect to any days for which the vessel is— ‘‘ 1 not operated or maintained in accordance with an operating agreement under this chapter ‘‘ 2 more than 20 years of age or ‘‘ 3 simultaneously operating under an agreement pursuant to chapter 531 of this title ‘‘ d REDUCTIONS IN PAYMENTS —With respect to payments under this chapter for a vessel covered by an operating agreement the Secretary— ‘‘ 1 except as provided in paragraph 2 may not reduce such a payment for— ‘‘ A the operation of the vessel to carry military or other preference cargoes under section 55302 a 55304 55305 or 55314 of this title section 2631 of title 10 or any other cargo preference law of the United States or ‘‘ B any days in which the vessel is operated under charter to the United States Government ‘‘ 2 may not make such a payment for any day that the vessel is engaged in transporting more than 7 500 tons of civilian bulk preference cargoes pursuant to section 55302 a 55305 or 55314 of this title and ‘‘ 3 shall make a pro rata reduction for each day less than 320 in a fiscal year that the vessel is not operated in accordance with section 53405 of this title ‘‘ e LIMITATIONS REGARDING NONCONTIGUOUS DOMESTIC TRADE — ‘‘ 1 IN GENERAL —No program participant shall receive payments pursuant to this chapter during a period in which it participates in noncontiguous domestic trade ‘‘ 2 LIMITATION ON APPLICATION —Paragraph 1 shall not apply to a program participant that is a citizen of the United States within the meaning of section 50501 of this title applying the 75 percent ownership requirement of that section H R 6395—1029 ‘‘ 3 PARTICIPATES IN A NONCONTIGUOUS TRADE DEFINED — In this subsection the term ‘participates in a noncontiguous domestic trade’ means directly or indirectly owns charters or operates a vessel engaged in transportation of cargo between a point in the contiguous 48 States and a point in Alaska Hawaii or Puerto Rico other than a point in Alaska north of the Arctic Circle ‘‘§ 53407 National security requirements ‘‘ a EMERGENCY PREPAREDNESS AGREEMENT REQUIRED —The Secretary of Transportation in coordination with the Secretary of Defense shall establish an emergency preparedness program under this section under which the program participant for an operating agreement under this chapter shall agree as a condition of the operating agreement to enter into an emergency preparedness agreement with the Secretary The Secretary shall negotiate and enter into an Emergency Preparedness Agreement with each program participant as promptly as practicable after the program participant has entered into the operating agreement ‘‘ b TERMS OF AGREEMENT —The terms of an agreement under this section— ‘‘ 1 shall provide that upon request by the Secretary of Defense during time of war or national emergency or whenever determined by the Secretary of Defense to be necessary for national security or contingency operation as that term is defined in section 101 of title 10 the program participant shall make available commercial transportation resources including services described in subsection d to the Secretary of Defense ‘‘ 2 shall include such additional terms as may be established by the Secretary of Transportation and the Secretary of Defense and ‘‘ 3 shall allow for the modification or addition of terms upon agreement by the Secretary of Transportation and the program participant and the approval by the Secretary of Defense ‘‘ c PARTICIPATION AFTER EXPIRATION OF OPERATING AGREEMENT —Except as provided by section 53406 the Secretary of Transportation may not require through an emergency preparedness agreement or an operating agreement that a program participant covered by an operating agreement continue to participate in an emergency preparedness agreement after the operating agreement has expired according to its terms or is otherwise no longer in effect After the expiration of an emergency preparedness agreement a program participant may voluntarily continue to participate in the agreement ‘‘ d RESOURCES MADE AVAILABLE —The commercial transportation resources to be made available under an emergency preparedness agreement shall include vessels or capacity in vessels terminal facilities management services and other related services or any agreed portion of such nonvessel resources for activation as the Secretary of Defense may determine to be necessary seeking to minimize disruption of the program participant’s service to commercial customers ‘‘ e COMPENSATION — ‘‘ 1 IN GENERAL —The Secretary of Transportation shall include in each Emergency Preparedness Agreement provisions H R 6395—1030 approved by the Secretary of Defense under which the Secretary of Defense shall pay fair and reasonable compensation for all commercial transportation resources provided pursuant to this section ‘‘ 2 SPECIFIC REQUIREMENTS —Compensation under this subsection— ‘‘ A shall not be less than the program participant’s commercial market charges for like transportation resources ‘‘ B shall be fair and reasonable considering all circumstances ‘‘ C shall be provided from the time that a vessel or resource is required by the Secretary of Defense until the time it is redelivered to the program participant and is available to reenter commercial service and ‘‘ D shall be in addition to and shall not in any way reflect amounts payable under section 53406 of this title ‘‘ f TEMPORARY REPLACEMENT VESSELS —Notwithstanding section 55302 a 55304 55305 or 55314 of this title section 2631 of title 10 or any other cargo preference law of the United States— ‘‘ 1 a program participant may operate or employ in foreign commerce a foreign-flag vessel or foreign-flag vessel capacity as a temporary replacement for a vessel of the United States or vessel of the United States capacity that is activated by the Secretary of Defense under an emergency preparedness agreement or a primary Department of Defense sealift-approved readiness program and ‘‘ 2 such replacement vessel or vessel capacity shall be eligible during the replacement period to transport preference cargoes subject to sections 55302 a 55304 55305 and 55314 of this title and section 2631 of title 10 United States Code to the same extent as the eligibility of the vessel or vessel capacity replaced ‘‘ g REDELIVERY AND LIABILITY OF THE UNITED STATES FOR DAMAGES — ‘‘ 1 IN GENERAL —All commercial transportation resources activated under an emergency preparedness agreement shall upon termination of the period of activation be redelivered to the program participant in the same good order and condition as when received less ordinary wear and tear or the Secretary of Defense shall fully compensate the program participant for any necessary repair or replacement ‘‘ 2 LIMITATION ON UNITED STATES LIABILITY —Except as may be expressly agreed in an emergency preparedness agreement or as otherwise provided by law the Government shall not be liable for disruption of a program participant’s commercial business or other consequential damages to the program participant arising from the activation of commercial transportation resources under an emergency preparedness agreement ‘‘§ 53408 Regulatory relief ‘‘ a OPERATION IN FOREIGN COMMERCE —A program participant for a vessel included in an operating agreement under this chapter may operate the vessel in the foreign commerce of the United States without restriction ‘‘ b OTHER RESTRICTIONS —The restrictions of section 55305 a of this title concerning the building rebuilding or documentation H R 6395—1031 of a vessel in a foreign country shall not apply to a vessel for any day the operator of the vessel is receiving payments for the operation of that vessel under an operating agreement under this chapter ‘‘ c TELECOMMUNICATIONS EQUIPMENT —The telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the United States for operation under an operating agreement under this chapter shall be deemed to satisfy all Federal Communications Commission equipment approval requirements if— ‘‘ 1 such equipment complies with all applicable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming documented under the laws of the United States ‘‘ 2 that country has not been identified by the Secretary as inadequately enforcing international regulations as to that vessel and ‘‘ 3 at the end of its useful life such equipment shall be replaced with equipment that meets Federal Communications Commission equipment approval standards ‘‘§ 53409 Special rule regarding age of participating Fleet vessels ‘‘Any age restriction under section 53402 b 4 of this title shall not apply to a participating Fleet vessel during the 30-month period beginning on the date the vessel begins operating under an operating agreement under this chapter if the Secretary determines that the program participant for the vessel has entered into an arrangement to obtain and operate under the operating agreement for the participating Fleet vessel a replacement vessel that upon commencement of such operation will be eligible to be included in the Fleet under section 53402 b of this title ‘‘§ 53410 Regulations ‘‘The Secretary of Transportation and the Secretary of Defense may each prescribe rules as necessary to carry out their respective responsibilities under this chapter ‘‘§ 53411 Authorization of appropriations ‘‘There is authorized to be appropriated for payments under section 53406 $60 000 000 for each of fiscal years 2022 through 2035 to remain available until expended ‘‘§ 53412 Acquisition of Fleet vessels ‘‘ a IN GENERAL —Upon replacement of a Fleet vessel under an operating agreement under this chapter and subject to agreement by the program participant of the vessel the Secretary of Transportation is authorized subject to the concurrence of the Secretary of Defense acquire the vessel being replaced for inclusion in the National Defense Reserve Fleet ‘‘ b REQUIREMENTS —To be eligible for acquisition by the Secretary of Transportation under this section a vessel shall— ‘‘ 1 have been covered by an operating agreement under this chapter for not less than 3 years and ‘‘ 2 meet recapitalization requirements for the Ready Reserve Force H R 6395—1032 ‘‘ c FAIR MARKET VALUE —A fair market value shall be established by the Maritime Administration for acquisition of an eligible vessel under this section ‘‘ d APPROPRIATIONS —Vessel acquisitions under this section shall be subject to the availability of appropriations Amounts made available to carry out this section shall be derived from amounts authorized to be appropriated for the National Defense Reserve Fleet Amounts authorized to be appropriated to carry out the Maritime Security Program may not be use to carry out this section ’’ b CLERICAL AMENDMENT —The table of chapters for subtitle V of title 46 United States Code is amended by adding at the end the following ‘‘534 Tanker Security Fleet 53401’’ c DEADLINE FOR ACCEPTING APPLICATIONS — 1 IN GENERAL —The Secretary of Transportation shall begin accepting applications for enrollment of vessels in the Tanker Security Fleet established under chapter 534 of title 46 United States Code as added by subsection a by not later than 60 days after the date of the enactment of this title 2 APPROVAL —Not later than 90 days after receipt of an application for the enrollment of a vessel in the Tanker Security Fleet the Secretary of Transportation in coordination with the Secretary of Defense shall— A approve the application and enter into an operating agreement with the applicant or B provide to the applicant a written explanation for the denial of the application 3 VESSELS OPERATING IN MARITIME SECURITY FLEET — Notwithstanding the requirements of section 53402 b of title 46 United States Code the Secretary of Transportation shall approve an application submitted under chapter 534 of title 46 United State Code for a product tank vessel for which there is on the date of enactment of this title an effective operating agreement under chapter 531 of title 46 United States Code d EFFECTIVE DATE — 1 IN GENERAL —This section shall take effect on the date on which the Secretary of Defense— A has completed the report on United States flagged fuel tanker vessel capacity as required by section 3519 of the National Defense Authorization Act for Fiscal Year 2020 B has submitted that report to the appropriate committees of Congress C publishes certification— i that a program for United States-flagged fuel tanker vessels as prescribed in chapter 534 of title 46 United States Code as amended by this section for the purpose of providing additional United Statesflagged fuel tanker vessels is in the national security interest of the United State and ii of the number of such additional tankers covered under such a program that could be necessary to meet Department of Defense wartime requirements H R 6395—1033 2 APPROPRIATE COMMITTEES OF CONGRESS DEFINED —In this section the term ‘‘appropriate committees of Congress’’ means— A the Committee on Commerce Science and Transportation and the Committee on Armed Services of the Senate and B the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives Subtitle C—Other Matters SEC 3521 MARITIME SECURITY AND DOMAIN AWARENESS a PROGRESS REPORT ON MARITIME SECURITY — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense in coordination with the Secretary of State the Secretary of the Department in which the Coast Guard is operating and the heads of other appropriate Federal agencies shall submit to the congressional defense committees the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the steps taken since December 20 2019 to make further use of the following mechanisms to combat IUU fishing A Inclusion of counter-IUU fishing in existing shiprider agreements to which the United States is a party B Entry into shiprider agreements that include counter-IUU fishing with priority flag states and countries in priority regions with which the United States does not already have such agreements C Inclusion of counter-IUU fishing in the mission of the Combined Maritime Forces D Inclusion of counter-IUU fishing exercises in the annual at-sea exercises conducted by the Department of Defense in coordination with the United States Coast Guard E Development of partnerships similar to the Oceania Maritime Security Initiative and the Africa Maritime Law Enforcement Partnership in other priority regions 2 ELEMENT —The report required by paragraph 1 shall include a description of specific steps taken by the Secretary of the Navy with respect to each mechanism described in paragraph 1 including a detailed description of any security cooperation engagement undertaken to combat IUU fishing by such mechanisms and resulting coordination between the Department of the Navy and the Coast Guard b ASSESSMENT OF SERVICE COORDINATION ON MARITIME DOMAIN AWARENESS — 1 IN GENERAL —Not later than 90 days after the date of the enactment of this Act the Secretary of the Navy shall enter into an agreement with the Secretary of the department in which the Coast Guard is operating in consultation with the Secretary of Commerce to assess the available commercial solutions for collecting sharing and disseminating among H R 6395—1034 United States maritime services and partner countries maritime domain awareness information relating to illegal maritime activities including IUU fishing 2 ELEMENTS —The assessment carried out pursuant to an agreement under paragraph 1 shall— A build on the ongoing Coast Guard assessment related to autonomous vehicles B consider appropriate commercially and academically available technological solutions and C consider any limitation related to affordability exportability maintenance and sustainment requirements and any other factor that may constrain the suitability of such solutions for use in a joint and combined environment including the potential provision of such solutions to one or more partner countries 3 SUBMITTAL TO CONGRESS —Not later than one year after entering into an agreement under paragraph 1 the Secretary of the Navy shall submit to the Committee on Armed Services the Committee on Commerce Science and Transportation the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Armed Services the Committee on Natural Resources the Committee on Transportation and Infrastructure the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives the assessment prepared in accordance with the agreement c REPORT ON USE OF FISHING FLEETS BY FOREIGN GOVERNMENTS — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Director of the Office of Naval Intelligence shall submit to the Committee on Armed Services the Committee on Commerce Science and Transportation the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Armed Services the Committee on Natural Resources the Committee on Transportation and Infrastructure the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report on the use by governments of foreign countries of distant-water fishing fleets as extensions of the official maritime security forces of such countries 2 ELEMENTS —The report required by paragraph 1 shall include the following A An analysis of the manner in which fishing fleets are leveraged in support of the naval operations and policies of foreign countries more generally B A consideration of— i threats posed on a country-by-country basis to the fishing vessels and other vessels of the United States and partner countries ii risks to Navy and Coast Guard operations of the United States and the naval and coast guard operations of partner countries and iii the broader challenge to the interests of the United States and partner countries 3 FORM —The report required by paragraph 1 shall be submitted in unclassified form but may include a classified annex H R 6395—1035 d DEFINITIONS —In this section any term that is also used in the Maritime SAFE Act subtitle C of title XXXV of Public Law 116–92 shall have the meaning given such term in that Act SEC 3522 SENSE OF CONGRESS REGARDING ROLE OF DOMESTIC MARITIME INDUSTRY IN NATIONAL SECURITY It is the sense of Congress that— 1 United States coastwise trade laws promote a strong domestic trade maritime industry which supports the national security and economic vitality of the United States and the efficient operation of the United States transportation system and 2 a strong commercial maritime industry makes the United States more secure DIVISION D—FUNDING TABLES SEC 4001 AUTHORIZATION OF AMOUNTS IN FUNDING TABLES a IN GENERAL —Whenever a funding table in this division specifies a dollar amount authorized for a project program or activity the obligation and expenditure of the specified dollar amount for the project program or activity is hereby authorized subject to the availability of appropriations b MERIT-BASED DECISIONS —A decision to commit obligate or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection a shall— 1 be based on merit-based selection procedures in accordance with the requirements of sections 2304 k and 2374 of title 10 United States Code or on competitive procedures and 2 comply with other applicable provisions of law TO TRANSFER AND PROGRAMMING c RELATIONSHIP AUTHORITY —An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1512 of this Act or any other provision of law unless such transfer or reprogramming would move funds between appropriation accounts d APPLICABILITY TO CLASSIFIED ANNEX —This section applies to any classified annex that accompanies this Act e ORAL AND WRITTEN COMMUNICATIONS —No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section TITLE XLI—PROCUREMENT Sec 4101 Procurement Sec 4102 Procurement for overseas contingency operations H R 6395—1036 SEC 4101 PROCUREMENT SEC 4101 PROCUREMENT In Thousands of Dollars Line 003 004 007 008 011 012 013 014 015 018 019 020 021 022 023 024 025 026 027 028 029 031 032 034 035 036 037 038 039 040 041 042 044 045 002 003 004 005 006 007 008 009 010 011 Item AIRCRAFT PROCUREMENT ARMY FIXED WING FUTURE UAS FAMILY RQ–11 RAVEN ROTARY AH–64 APACHE BLOCK IIIA REMAN AH–64 APACHE BLOCK IIIA REMAN AP UH–60 BLACKHAWK M MODEL MYP Unjustified costs UH–60 BLACKHAWK M MODEL MYP AP UH–60 BLACK HAWK L AND V MODELS CH–47 HELICOPTER Program increase—F Block II CH–47 HELICOPTER AP Program increase—F Block II MODIFICATION OF AIRCRAFT UNIVERSAL GROUND CONTROL EQUIPMENT UAS GRAY EAGLE MODS2 MULTI SENSOR ABN RECON MIP AH–64 MODS Sensors cost growth CH–47 CARGO HELICOPTER MODS MYP GRCS SEMA MODS MIP ARL SEMA MODS MIP EMARSS SEMA MODS MIP UTILITY CARGO AIRPLANE MODS UTILITY HELICOPTER MODS Program increase NETWORK AND MISSION PLAN COMMS NAV SURVEILLANCE AVIATION ASSURED PNT GATM ROLLUP UAS MODS GROUND SUPPORT AVIONICS AIRCRAFT SURVIVABILITY EQUIPMENT SURVIVABILITY CM CMWS COMMON INFRARED COUNTERMEASURES CIRCM OTHER SUPPORT UNDISTRIBUTED AVIONICS SUPPORT EQUIPMENT COMMON GROUND EQUIPMENT AIRCREW INTEGRATED SYSTEMS AIR TRAFFIC CONTROL LAUNCHER 2 75 ROCKET LAUNCHER GUIDED MISSILE LONGBOW HELLFIRE XM2 TOTAL AIRCRAFT PROCUREMENT ARMY MISSILE PROCUREMENT ARMY SURFACE-TO-AIR MISSILE SYSTEM M-SHORAD—PROCUREMENT Production costs previously funded MSE MISSILE PRECISION STRIKE MISSILE PRSM INDIRECT FIRE PROTECTION CAPABILITY INC 2–I Army identified funds excess to need AIR-TO-SURFACE MISSILE SYSTEM HELLFIRE SYS SUMMARY JOINT AIR-TO-GROUND MSLS JAGM LONG RANGE PRECISION MUNITION ANTI-TANK ASSAULT MISSILE SYS JAVELIN AAWS-M SYSTEM SUMMARY TOW 2 SYSTEM SUMMARY GUIDED MLRS ROCKET GMLRS Excess tooling request FY 2021 Request Conference Authorized 1 100 20 851 1 100 20 851 792 027 169 460 742 998 792 027 169 460 725 298 –17 700 87 427 172 797 296 750 136 000 47 372 29 000 87 427 172 797 160 750 18 372 7 509 16 280 35 864 118 316 77 432 101 355 54 609 12 180 4 204 7 509 16 280 35 864 110 576 –7 740 15 548 2 947 9 598 2 452 13 868 31 342 5 500 77 432 101 355 54 609 12 180 4 204 49 455 8 035 10 567 237 467 49 455 8 035 10 567 237 467 1 789 17 584 48 265 26 408 2 256 8 982 3 074 594 1 789 17 584 48 265 26 408 2 256 8 982 3 219 654 15 548 2 947 9 598 2 452 13 868 25 842 378 654 603 188 49 941 106 261 374 587 –4 067 603 188 49 941 65 469 –40 792 91 225 213 397 45 307 91 225 213 397 45 307 190 325 121 074 850 157 190 325 121 074 845 157 –5 000 H R 6395—1037 SEC 4101 PROCUREMENT In Thousands of Dollars Line Item 012 013 MLRS REDUCED RANGE PRACTICE ROCKETS RRPR HIGH MOBILITY ARTILLERY ROCKET SYSTEM HIMARS Army requested transfer from OM A line 121 MODIFICATIONS PATRIOT MODS ATACMS MODS AVENGER MODS ITAS TOW MODS MLRS MODS HIMARS MODIFICATIONS SPARES AND REPAIR PARTS SPARES AND REPAIR PARTS SUPPORT EQUIPMENT FACILITIES UNDISTRIBUTED AIR DEFENSE TARGETS TOTAL MISSILE PROCUREMENT ARMY 016 017 020 021 022 023 024 025 002 004 005 006 007 009 010 011 012 013 014 016 018 019 020 021 022 023 024 025 026 027 028 031 032 033 034 035 036 037 PROCUREMENT OF W TCV ARMY TRACKED COMBAT VEHICLES ARMORED MULTI PURPOSE VEHICLE AMPV Forward financing of vehicle manufacturing MODIFICATION OF TRACKED COMBAT VEHICLES STRYKER UPGRADE CROWS-J program delay Program increase—Army UPL Unit cost growth BRADLEY PROGRAM MOD Prior year carry-over UBIS early to need M109 FOV MODIFICATIONS PALADIN INTEGRATED MANAGEMENT PIM ASSAULT BRIDGE MOD ASSAULT BREACHER VEHICLE M88 FOV MODS JOINT ASSAULT BRIDGE Program delay M1 ABRAMS TANK MOD ABRAMS UPGRADE PROGRAM Component cost savings Prior year carry-over WEAPONS OTHER COMBAT VEHICLES MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S MORTAR SYSTEMS XM320 GRENADE LAUNCHER MODULE GLM PRECISION SNIPER RIFLE COMPACT SEMI-AUTOMATIC SNIPER SYSTEM CARBINE NEXT GENERATION SQUAD WEAPON COMMON REMOTELY OPERATED WEAPONS STATION HANDGUN MOD OF WEAPONS AND OTHER COMBAT VEH MK–19 GRENADE MACHINE GUN MODS M777 MODS M4 CARBINE MODS M240 MEDIUM MACHINE GUN MODS SNIPER RIFLES MODIFICATIONS M119 MODIFICATIONS MORTAR MODIFICATION MODIFICATIONS LESS THAN $5 0M WOCV-WTCV SUPPORT EQUIPMENT FACILITIES UNDISTRIBUTED ITEMS LESS THAN $5 0M WOCV-WTCV PRODUCTION BASE SUPPORT WOCV-WTCV TOTAL PROCUREMENT OF W TCV ARMY PROCUREMENT OF AMMUNITION ARMY SMALL MEDIUM CAL AMMUNITION FY 2021 Request Conference Authorized 30 836 41 226 30 836 51 226 10 000 278 050 141 690 13 942 5 666 310 419 6 081 278 050 141 690 13 942 5 666 310 419 6 081 5 090 5 090 8 978 3 491 507 8 978 3 451 648 192 971 139 254 –53 717 847 212 1 168 212 –39 160 375 000 –14 840 435 759 –17 350 –40 000 26 893 435 825 5 074 19 500 18 382 19 247 –52 931 392 013 1 020 396 –3 480 –9 377 493 109 26 893 435 825 5 074 19 500 18 382 72 178 392 013 1 033 253 17 864 10 288 5 969 10 137 999 7 411 35 822 24 534 4 662 17 864 10 288 5 969 10 137 999 7 411 35 822 24 534 4 662 6 444 10 983 4 824 6 385 1 898 2 009 1 689 2 604 6 444 10 983 4 824 6 385 1 898 2 009 1 689 2 604 2 763 3 045 3 696 740 2 763 3 045 3 840 885 H R 6395—1038 SEC 4101 PROCUREMENT In Thousands of Dollars Line Item 001 CTG 5 56MM ALL TYPES E95700 unit cost growth CTG 7 62MM ALL TYPES NEXT GENERATION SQUAD WEAPON AMMUNITION CTG HANDGUN ALL TYPES CTG 50 CAL ALL TYPES CTG 20MM ALL TYPES CTG 25MM ALL TYPES CTG 30MM ALL TYPES CTG 40MM ALL TYPES MORTAR AMMUNITION 60MM MORTAR ALL TYPES 81MM MORTAR ALL TYPES 120MM MORTAR ALL TYPES TANK AMMUNITION CARTRIDGES TANK 105MM AND 120MM ALL TYPES E73201 excess cost growth ARTILLERY AMMUNITION ARTILLERY CARTRIDGES 75MM 105MM ALL TYPES ARTILLERY PROJECTILE 155MM ALL TYPES Program delays PROJ 155MM EXTENDED RANGE M982 E80103 unit cost growth ARTILLERY PROPELLANTS FUZES AND PRIMERS ALL MINES MINES CLEARING CHARGES ALL TYPES Program decrease CLOSE TERRAIN SHAPING OBSTACLE ROCKETS SHOULDER LAUNCHED MUNITIONS ALL TYPES ROCKET HYDRA 70 ALL TYPES OTHER AMMUNITION CAD PAD ALL TYPES DEMOLITION MUNITIONS ALL TYPES GRENADES ALL TYPES SIGNALS ALL TYPES SIMULATORS ALL TYPES MISCELLANEOUS AMMO COMPONENTS ALL TYPES ITEMS LESS THAN $5 MILLION AMMO AMMUNITION PECULIAR EQUIPMENT FIRST DESTINATION TRANSPORTATION AMMO CLOSEOUT LIABILITIES PRODUCTION BASE SUPPORT UNDISTRIBUTED INDUSTRIAL FACILITIES Program increase CONVENTIONAL MUNITIONS DEMILITARIZATION ARMS INITIATIVE TOTAL PROCUREMENT OF AMMUNITION ARMY 002 003 004 005 006 007 008 009 010 011 012 013 014 015 016 017 018 019 020 021 022 023 024 025 026 027 029 030 031 032 033 034 035 001 002 003 004 005 008 009 010 011 012 014 015 OTHER PROCUREMENT ARMY TACTICAL VEHICLES TACTICAL TRAILERS DOLLY SETS Prior year carryover SEMITRAILERS FLATBED SEMITRAILERS TANKERS HI MOB MULTI-PURP WHLD VEH HMMWV GROUND MOBILITY VEHICLES GMV JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL TRUCK DUMP 20T CCE FAMILY OF MEDIUM TACTICAL VEH FMTV FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE C FIRETRUCKS ASSOCIATED FIREFIGHTING EQUIP PLS ESP HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV Program increase FY 2021 Request 68 472 Conference Authorized 109 933 11 988 853 58 280 31 708 9 111 58 172 114 638 65 659 –2 813 109 933 11 988 853 58 280 31 708 9 111 58 172 114 638 31 222 42 857 107 762 31 222 42 857 107 762 233 444 232 226 –1 218 35 963 293 692 35 963 291 292 –2 400 64 909 –4 250 232 913 69 159 232 913 65 278 4 995 62 778 –2 500 4 995 69 112 125 915 69 112 125 915 8 891 54 043 28 931 27 036 10 253 8 891 54 043 28 931 27 036 10 253 3 476 10 569 12 338 15 908 99 3 476 10 569 12 338 15 908 99 592 224 235 112 3 369 2 777 716 12 986 31 443 17 082 44 795 37 932 894 414 29 368 95 092 999 27 687 21 969 65 635 696 724 104 500 235 112 3 369 2 869 035 9 653 –3 333 31 443 17 082 44 795 37 932 894 414 29 368 95 092 999 27 687 21 969 99 135 33 500 H R 6395—1039 SEC 4101 PROCUREMENT In Thousands of Dollars Line Item 016 017 018 HMMWV RECAPITALIZATION PROGRAM TACTICAL WHEELED VEHICLE PROTECTION KITS MODIFICATION OF IN SVC EQUIP NON-TACTICAL VEHICLES PASSENGER CARRYING VEHICLES NONTACTICAL VEHICLES OTHER Excess carryover COMM—JOINT COMMUNICATIONS SIGNAL MODERNIZATION PROGRAM Unit cost growth TACTICAL NETWORK TECHNOLOGY MOD IN SVC Program delays Unit cost growth SITUATION INFORMATION TRANSPORT JCSE EQUIPMENT USRDECOM COMM—SATELLITE COMMUNICATIONS DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS AFRICOM force protection upgrades Program delays SHF TERM ASSURED POSITIONING NAVIGATION AND TIMING SMART-T SPACE GLOBAL BRDCST SVC—GBS COMM—C3 SYSTEM COE TACTICAL SERVER INFRASTRUCTURE TSI Contract management growth COMM—COMBAT COMMUNICATIONS HANDHELD MANPACK SMALL FORM FIT HMS AFRICOM force protection upgrades RADIO TERMINAL SET MIDS LVT 2 SPIDER FAMILY OF NETWORKED MUNITIONS INCR Program cancellation UNIFIED COMMAND SUITE COTS COMMUNICATIONS EQUIPMENT FAMILY OF MED COMM FOR COMBAT CASUALTY CARE ARMY COMMUNICATIONS ELECTRONICS COMM—INTELLIGENCE COMM CI AUTOMATION ARCHITECTURE MIP DEFENSE MILITARY DECEPTION INITIATIVE INFORMATION SECURITY INFORMATION SYSTEM SECURITY PROGRAM-ISSP COMMUNICATIONS SECURITY COMSEC DEFENSIVE CYBER OPERATIONS Army requested transfer to RDTE army line 267 for program management INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO ITEMS LESS THAN $5M INFO SECURITY COMM—LONG HAUL COMMUNICATIONS BASE SUPPORT COMMUNICATIONS AFRICOM UFR force protection upgrades COMM—BASE COMMUNICATIONS INFORMATION SYSTEMS EMERGENCY MANAGEMENT MODERNIZATION PROGRAM Excess carryover HOME STATION MISSION COMMAND CENTERS HSMCC JOINT INFORMATION ENVIRONMENT JIE INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM Unjustified growth ELECT EQUIP—TACT INT REL ACT TIARA JTT CIBS-M MIP TERRESTRIAL LAYER SYSTEMS TLS MIP DCGS-A MIP TROJAN MIP MOD OF IN-SVC EQUIP INTEL SPT MIP BIOMETRIC TACTICAL COLLECTION DEVICES MIP 020 021 022 023 024 026 029 030 031 032 033 034 036 037 038 041 043 044 045 046 048 049 051 052 053 054 056 057 058 059 060 061 062 065 066 068 070 071 073 FY 2021 Request Conference Authorized 5 927 36 497 114 977 5 927 36 497 114 977 1 246 19 870 1 246 4 968 –14 902 160 469 63 396 5 170 151 179 –9 290 347 782 –5 380 –7 217 63 396 5 170 101 498 72 450 101 498 69 750 13 173 134 928 8 611 8 191 1 000 –3 700 13 173 134 928 8 611 8 191 360 379 94 871 92 119 –2 752 550 848 19 579 94 156 18 313 51 480 552 348 1 500 8 237 0 –13 967 19 579 94 156 18 313 51 480 13 146 5 624 13 146 5 624 4 596 159 272 54 753 4 596 159 272 42 753 –12 000 8 237 13 967 1 760 260 1 760 260 29 761 30 761 1 000 147 696 4 900 147 696 0 –4 900 15 227 3 177 280 035 –20 000 15 227 3 177 300 035 5 304 8 081 151 886 17 593 28 558 999 5 304 8 081 151 886 17 593 28 558 999 H R 6395—1040 SEC 4101 PROCUREMENT In Thousands of Dollars Line 075 076 077 079 082 083 084 086 088 089 091 092 094 095 096 097 098 099 100 101 102 103 105 106 107 108 109 110 111 112 113 114 115 117 119 19A 123 124 125 126 127 128 129 130 132 134 135 Item ELECT EQUIP—ELECTRONIC WARFARE EW LIGHTWEIGHT COUNTER MORTAR RADAR EW PLANNING MANAGEMENT TOOLS EWPMT AIR VIGILANCE AV MIP MULTI-FUNCTION ELECTRONIC WARFARE MFEW SYST CI MODERNIZATION MIP ELECT EQUIP—TACTICAL SURV TAC SURV SENTINEL MODS NIGHT VISION DEVICES IVAS reduction SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS AFRICOM UFR force protection upgrades FAMILY OF WEAPON SIGHTS FWS Program decrease JOINT BATTLE COMMAND—PLATFORM JBC-P JOINT EFFECTS TARGETING SYSTEM JETS Early to need COMPUTER BALLISTICS LHMBC XM32 MORTAR FIRE CONTROL SYSTEM MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS COUNTERFIRE RADARS Excess to need ELECT EQUIP—TACTICAL C2 SYSTEMS ARMY COMMAND POST INTEGRATED INFRASTRUCTURE FIRE SUPPORT C2 FAMILY AIR MSL DEFENSE PLANNING CONTROL SYS IAMD BATTLE COMMAND SYSTEM Program reduction LIFE CYCLE SOFTWARE SUPPORT LCSS NETWORK MANAGEMENT INITIALIZATION AND SERVICE GLOBAL COMBAT SUPPORT SYSTEM-ARMY GCSS-A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY IPP RECONNAISSANCE AND SURVEYING INSTRUMENT SET MOD OF IN-SVC EQUIPMENT ENFIRE Program increase ELECT EQUIP—AUTOMATION ARMY TRAINING MODERNIZATION AUTOMATED DATA PROCESSING EQUIP AIE travel costs excess GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM HIGH PERF COMPUTING MOD PGM HPCMP CONTRACT WRITING SYSTEM CSS COMMUNICATIONS RESERVE COMPONENT AUTOMATION SYS RCAS ELECT EQUIP—AUDIO VISUAL SYS A V ITEMS LESS THAN $5M SURVEYING EQUIPMENT ELECT EQUIP—SUPPORT BCT EMERGING TECHNOLOGIES Program reduction CLASSIFIED PROGRAMS CLASSIFIED PROGRAMS CHEMICAL DEFENSIVE EQUIPMENT CBRN DEFENSE SMOKE OBSCURANT FAMILY SOF NON AAO ITEM BRIDGING EQUIPMENT TACTICAL BRIDGING TACTICAL BRIDGE FLOAT-RIBBON BRIDGE SUPPLEMENTAL SET COMMON BRIDGE TRANSPORTER CBT RECAP ENGINEER NON-CONSTRUCTION EQUIPMENT HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST GRND STANDOFF MINE DETECTN SYSM GSTAMIDS HUSKY MOUNTED DETECTION SYSTEM HMDS Program reduction EOD ROBOTICS SYSTEMS RECAPITALIZATION ROBOTICS AND APPLIQUE SYSTEMS FY 2021 Request 5 332 7 849 8 160 8 669 300 58 884 1 127 375 13 954 10 069 133 590 243 850 69 641 7 509 3 800 7 292 72 421 49 947 9 390 47 374 201 587 4 495 18 651 2 792 9 071 12 117 3 004 14 574 140 619 4 448 68 405 8 459 57 651 14 848 Conference Authorized 5 332 7 849 8 160 8 669 300 58 884 897 375 –230 000 13 954 14 069 4 000 115 090 –18 500 243 850 50 541 –19 100 7 509 3 800 7 292 71 421 –1 000 49 947 9 390 47 374 198 587 –3 000 4 495 18 651 2 792 9 071 12 117 5 004 2 000 14 574 138 841 –1 778 4 448 68 405 8 459 57 651 14 848 4 995 4 995 16 983 8 983 –8 000 1 582 1 582 28 456 13 995 28 456 13 995 10 545 72 074 32 493 62 978 10 545 72 074 32 493 62 978 5 570 2 497 109 069 5 570 2 497 99 069 –10 000 36 584 174 744 36 584 179 544 H R 6395—1041 SEC 4101 PROCUREMENT In Thousands of Dollars Line 137 139 140 142 143 144 147 148 149 150 151 152 153 154 155 156 157 158 159 162 164 165 166 167 168 169 170 171 172 175 176 177 178 180 181 182 183 187 189 001 Item SMET contract delay RENDER SAFE SETS KITS OUTFITS FAMILY OF BOATS AND MOTORS COMBAT SERVICE SUPPORT EQUIPMENT HEATERS AND ECU’S PERSONNEL RECOVERY SUPPORT SYSTEM PRSS GROUND SOLDIER SYSTEM Unit cost discrepancies MOBILE SOLDIER POWER CARGO AERIAL DEL PERSONNEL PARACHUTE SYSTEM FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ITEMS LESS THAN $5M ENG SPT PETROLEUM EQUIPMENT DISTRIBUTION SYSTEMS PETROLEUM WATER tank rack module unit cost growth MEDICAL EQUIPMENT COMBAT SUPPORT MEDICAL Future Warfighter Shelter MAINTENANCE EQUIPMENT MOBILE MAINTENANCE EQUIPMENT SYSTEMS ITEMS LESS THAN $5 0M MAINT EQ CONSTRUCTION EQUIPMENT GRADER ROAD MTZD HVY 6X4 CCE SCRAPERS EARTHMOVING LOADERS HYDRAULIC EXCAVATOR TRACTOR FULL TRACKED ALL TERRAIN CRANES CONST EQUIP ESP RAIL FLOAT CONTAINERIZATION EQUIPMENT ARMY WATERCRAFT ESP MANEUVER SUPPORT VESSEL MSV ITEMS LESS THAN $5 0M FLOAT RAIL GENERATORS GENERATORS AND ASSOCIATED EQUIP TACTICAL ELECTRIC POWER RECAPITALIZATION MATERIAL HANDLING EQUIPMENT FAMILY OF FORKLIFTS TRAINING EQUIPMENT COMBAT TRAINING CENTERS SUPPORT TRAINING DEVICES NONSYSTEM SYNTHETIC TRAINING ENVIRONMENT STE GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING TEST MEASURE AND DIG EQUIPMENT TMD CALIBRATION SETS EQUIPMENT INTEGRATED FAMILY OF TEST EQUIPMENT IFTE ICE WATS previously funded TEST EQUIPMENT MODERNIZATION TEMOD OTHER SUPPORT EQUIPMENT RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT PHYSICAL SECURITY SYSTEMS OPA3 AFRICOM UFR force protection upgrades Unjustified request BASE LEVEL COMMON EQUIPMENT MODIFICATION OF IN-SVC EQUIPMENT OPA–3 SPECIAL EQUIPMENT FOR TEST AND EVALUATION OPA2 UNDISTRIBUTED INITIAL SPARES—C E TOTAL OTHER PROCUREMENT ARMY AIRCRAFT PROCUREMENT NAVY COMBAT AIRCRAFT F A–18E F FIGHTER HORNET Ancillary equipment excess cost growth Contract award savings Rec flyaway ECO excess growth FY 2021 Request 64 583 5 289 8 200 4 625 154 937 34 297 53 021 23 324 8 014 Conference Authorized –4 800 64 583 5 289 8 200 4 625 149 937 –5 000 34 297 53 021 23 324 8 014 78 448 78 250 –198 59 485 64 485 5 000 40 337 5 386 40 337 5 386 5 406 4 188 4 521 5 186 4 715 70 560 8 925 5 406 4 188 4 521 5 186 4 715 70 560 8 925 40 910 76 576 1 844 40 910 76 576 1 844 53 433 22 216 53 433 22 216 16 145 16 145 90 580 161 814 13 063 1 950 90 580 161 814 13 063 1 950 2 511 78 578 2 511 77 214 –1 364 14 941 14 941 8 629 75 499 27 444 32 485 39 436 8 629 84 251 12 000 –3 248 27 444 32 485 39 436 9 950 8 625 206 9 950 8 281 777 1 761 146 1 725 400 –13 367 –14 023 –8 356 H R 6395—1042 SEC 4101 PROCUREMENT In Thousands of Dollars Line Item 002 F A–18E F FIGHTER HORNET AP FY22 aircraft JOINT STRIKE FIGHTER CV Additional aircraft Lot 15 target cost savings JOINT STRIKE FIGHTER CV AP JSF STOVL Unit cost adjustment JSF STOVL AP CH–53K HEAVY LIFT Force Design 2030 realignment NRE excess CH–53K HEAVY LIFT AP V–22 MEDIUM LIFT CMV unit cost adjustment Navy UPL V–22 MEDIUM LIFT AP H–1 UPGRADES UH–1Y AH–1Z P–8A POSEIDON Additional aircraft only for the Navy Reserve Line shutdown early to need E–2D ADV HAWKEYE unjustified growth peculiar training equipment E–2D ADV HAWKEYE AP TRAINER AIRCRAFT ADVANCED HELICOPTER TRAINING SYSTEM Other ILS excess growth OTHER AIRCRAFT KC–130J Unit cost growth KC–130J AP MQ–4 TRITON One additional aircraft Production line preservation costs excess to need MQ–8 UAV STUASL0 UAV VH–92A EXECUTIVE HELO ECO price adjustment Unit cost adjustment MODIFICATION OF AIRCRAFT F–18 A-D UNIQUE USMC AESA radar excess unit cost growth OSIP 21–00 ECP 583 F–18E F AND EA–18G MODERNIZATION AND SUSTAINM OSIP 11–10 support excess growth OSIP 11–10 unit cost growth OSIP 11–10 unstallation equipment excess growth AEA SYSTEMS AV–8 SERIES INFRARED SEARCH AND TRACK IRST Installation equipment excess growth Support equipment excess growth ADVERSARY F–18 SERIES H–53 SERIES MH–60 SERIES Program increase—Alternative low frequency active sonar for risk reduction H–1 SERIES APR–39D V 2 kits early to need ECS thermal kits previously funded FMV Phase 2 0 kits previously funded Installation equipment NRE excess growth Installation equipment NRE unjustified request Other support excess growth Rotor brake system kits previously funded Target sight system block upgrade unit cost growth EP–3 SERIES 003 004 005 006 007 008 009 010 011 013 015 016 017 018 019 021 023 024 026 028 029 030 031 032 033 034 035 036 037 038 FY 2021 Request 2 181 780 330 386 1 109 393 303 035 813 324 201 188 934 793 39 547 7 267 80 134 626 109 123 166 Conference Authorized 28 100 28 100 2 371 897 200 000 –9 883 330 386 1 075 465 –33 928 303 035 800 634 –12 690 201 188 1 121 949 –24 244 211 400 39 547 7 267 1 420 034 1 420 000 –80 100 611 106 –15 003 123 166 269 867 236 146 –33 721 380 984 375 558 –5 426 67 022 244 464 130 000 –36 106 40 375 30 930 589 042 –1 010 –20 179 67 022 150 570 40 375 30 930 610 231 208 261 195 710 –12 551 468 954 429 460 –14 723 –15 787 –8 984 21 061 34 082 127 695 –9 654 –20 706 42 946 379 351 74 771 136 584 5 000 21 061 34 082 158 055 42 946 379 351 74 771 131 584 185 140 26 602 152 562 –6 720 –1 245 –2 440 –4 379 –4 317 –5 256 –5 500 –2 721 26 602 H R 6395—1043 SEC 4101 PROCUREMENT In Thousands of Dollars Line Item 040 041 042 043 E–2 SERIES TRAINER A C SERIES C–2A C–130 SERIES GFE excess growth Installation excess growth JAGM A kit procurement and installation early to need FEWSG CARGO TRANSPORT A C SERIES E–6 SERIES EXECUTIVE HELICOPTERS SERIES T–45 SERIES POWER PLANT CHANGES JPATS SERIES AVIATION LIFE SUPPORT MODS Aviation body armor vest COMMON ECM EQUIPMENT H–1 kit cost growth OSIP 014–90 MV–22 kit cost growth OSIP 014–90 COMMON AVIONICS CHANGES COMMON DEFENSIVE WEAPON SYSTEM ID SYSTEMS P–8 SERIES Increment 3 aircrew trainers previously funded MAGTF EW FOR AVIATION MQ–8 SERIES V–22 TILT ROTOR ACFT OSPREY NEXT GENERATION JAMMER NGJ F–35 STOVL SERIES Block IV TR3 upgrade delays F–35 CV SERIES Block IV TR3 upgrade delays QRC MQ–4 SERIES Operating base installation early to need RQ–21 SERIES SURFR payload suite unit cost growth AIRCRAFT SPARES AND REPAIR PARTS SPARES AND REPAIR PARTS Additional F–35B C spares CH–53K spares excess growth E–2D AHE spares excess growth Spares for modifications excess growth Spares for repair of repairables excess growth VH–92 spares excess growth AIRCRAFT SUPPORT EQUIP FACILITIES UNDISTRIBUTED COMMON GROUND EQUIPMENT AIRCRAFT INDUSTRIAL FACILITIES WAR CONSUMABLES OTHER PRODUCTION CHARGES SPECIAL SUPPORT EQUIPMENT FIRST DESTINATION TRANSPORTATION TOTAL AIRCRAFT PROCUREMENT NAVY 044 045 046 047 049 050 051 052 053 054 055 056 057 058 059 060 061 062 063 064 065 066 070 071 072 073 074 075 076 001 002 003 004 005 WEAPONS PROCUREMENT NAVY MODIFICATION OF MISSILES TRIDENT II MODS SUPPORT EQUIPMENT FACILITIES MISSILE INDUSTRIAL FACILITIES STRATEGIC MISSILES TOMAHAWK Contract award delay Unit cost carryover TACTICAL MISSILES AMRAAM SIDEWINDER FY 2021 Request 175 540 7 085 9 525 141 705 684 8 911 197 206 29 086 155 745 24 633 22 682 40 401 138 480 143 322 2 142 35 999 180 530 27 794 28 774 334 405 176 638 153 588 105 452 126 618 12 998 18 550 2 198 460 Conference Authorized 175 540 7 085 9 525 124 653 –8 509 –1 802 –6 741 684 8 911 197 206 29 086 155 745 24 633 22 682 45 401 5 000 134 370 –2 091 –2 019 143 322 2 142 35 999 172 821 –7 709 27 794 28 774 334 405 176 638 146 388 –7 200 99 552 –5 900 126 618 9 969 –3 029 14 725 –3 825 2 088 679 30 000 –25 984 –14 773 –47 555 –15 300 –36 169 543 559 75 685 40 633 21 194 155 179 2 121 17 127 378 543 559 75 685 40 633 21 194 155 179 2 121 18 545 253 1 173 837 1 173 837 7 275 7 275 277 694 247 874 –26 040 –3 780 326 952 126 485 326 952 126 485 H R 6395—1044 SEC 4101 PROCUREMENT In Thousands of Dollars Line Item 007 STANDARD MISSILE Transition to production request unjustified STANDARD MISSILE AP SMALL DIAMETER BOMB II Contract award delay RAM JOINT AIR GROUND MISSILE JAGM AERIAL TARGETS EM443 hardware procurements modifications excess growth EM702 ground equipment previously funded DRONES AND DECOYS MALD concurrency OTHER MISSILE SUPPORT LRASM LCS OTH MISSILE MODIFICATION OF MISSILES TOMAHAWK MODS MST kits excess cost growth ESSM Excessive production support growth HARM MODS AARGM AUR installation kits excess cost growth AARGM ER installation kits excess cost AARGM ER long lead compontents unjustified request STANDARD MISSILES MODS SM–2 BLK IIIAZ Modification unit cost growth Unjustified DMS request SUPPORT EQUIPMENT FACILITIES WEAPONS INDUSTRIAL FACILITIES FLEET SATELLITE COMM FOLLOW-ON ORDNANCE SUPPORT EQUIPMENT ORDNANCE SUPPORT EQUIPMENT TORPEDOES AND RELATED EQUIP SSTD MK–48 TORPEDO ASW TARGETS MOD OF TORPEDOES AND RELATED EQUIP MK–54 TORPEDO MODS HAAWC kits early to need MK–48 TORPEDO ADCAP MODS MARITIME MINES SUPPORT EQUIPMENT TORPEDO SUPPORT EQUIPMENT ASW RANGE SUPPORT DESTINATION TRANSPORTATION FIRST DESTINATION TRANSPORTATION GUNS AND GUN MOUNTS SMALL ARMS AND WEAPONS MODIFICATION OF GUNS AND GUN MOUNTS CIWS MODS COAST GUARD WEAPONS GUN MOUNT MODS LCS MODULE WEAPONS AIRBORNE MINE NEUTRALIZATION SYSTEMS SPARES AND REPAIR PARTS UNDISTRIBUTED SPARES AND REPAIR PARTS TOTAL WEAPONS PROCUREMENT NAVY PROCUREMENT OF AMMO NAVY MC NAVY AMMUNITION GENERAL PURPOSE BOMBS JDAM AIRBORNE ROCKETS ALL TYPES MACHINE GUN AMMUNITION PRACTICE BOMBS CARTRIDGES CART ACTUATED DEVICES 008 009 010 011 014 015 016 017 018 019 020 022 023 024 025 027 028 029 030 031 032 033 034 035 036 037 038 039 040 041 042 045 001 002 003 004 005 006 FY 2021 Request 456 206 66 716 78 867 90 533 49 386 174 336 41 256 3 501 168 845 32 910 164 915 215 375 147 572 83 654 Conference Authorized 406 206 –50 000 66 716 74 267 –4 600 90 533 49 386 171 408 –2 375 –553 19 956 –21 300 3 501 168 845 32 910 161 308 –3 607 212 637 –2 738 122 649 –7 060 –16 657 –1 206 74 654 –4 900 –4 100 1 996 53 401 1 996 53 401 215 659 215 659 5 811 284 901 13 833 5 811 284 901 13 833 110 286 57 214 5 832 103 441 –6 845 57 214 5 832 97 581 4 159 97 581 4 159 4 106 4 106 16 030 16 030 37 147 45 804 74 427 4 253 6 662 37 147 45 804 74 427 4 253 6 662 159 578 4 884 995 159 578 4 729 234 41 496 64 631 60 719 11 158 51 409 64 694 41 496 64 631 60 719 11 158 51 409 64 694 H R 6395—1045 SEC 4101 PROCUREMENT In Thousands of Dollars Line Item 007 008 009 AIR EXPENDABLE COUNTERMEASURES JATOS 5 INCH 54 GUN AMMUNITION MK 187 mod 0 projectile unit cost growth INTERMEDIATE CALIBER GUN AMMUNITION BA23 contract award delay OTHER SHIP GUN AMMUNITION SMALL ARMS LANDING PARTY AMMO PYROTECHNIC AND DEMOLITION AMMUNITION LESS THAN $5 MILLION MARINE CORPS AMMUNITION UNDISTRIBUTED MORTARS DIRECT SUPPORT MUNITIONS USMC identified funds excess to need INFANTRY WEAPONS AMMUNITION A059 unit cost growth A940 LAP contract price savings AB57 unit cost growth COMBAT SUPPORT MUNITIONS AMMO MODERNIZATION ARTILLERY MUNITIONS ITEMS LESS THAN $5 MILLION TOTAL PROCUREMENT OF AMMO NAVY MC 010 011 012 013 015 016 017 018 019 020 021 022 001 002 003 004 005 006 007 008 009 010 011 013 014 015 017 019 022 023 024 026 027 028 SHIPBUILDING AND CONVERSION NAVY FLEET BALLISTIC MISSILE SHIPS OHIO REPLACEMENT SUBMARINE OHIO REPLACEMENT SUBMARINE AP Submarine supplier stability OTHER WARSHIPS CARRIER REPLACEMENT PROGRAM Full funding early to need CVN–81 Full funding early to need VIRGINIA CLASS SUBMARINE Restore second Virginia-class SSN Unjustified cost growth VIRGINIA CLASS SUBMARINE Restore second Virginia-class SSN CVN REFUELING OVERHAULS CVN REFUELING OVERHAULS AP DDG 1000 DDG–51 Available prior-year funds DDG–51 AP LLTM for FY22 DDG–51s Surface ship supplier stability FFG-FRIGATE AMPHIBIOUS SHIPS LPD FLIGHT II Excessive unit cost growth Transfer to Line 15 LPD FLIGHT II AP Transfer from Line 14 for LPD–32 and LPD–33 LHA REPLACEMENT LHA–9 program increase EXPEDITIONARY FAST TRANSPORT EPF One additional ship UNDISTRIBUTED TOWING SALVAGE AND RESCUE SHIP ATS LCU 1700 OUTFITTING Unjustified cost growth SERVICE CRAFT LCAC SLEP COMPLETION OF PY SHIPBUILDING PROGRAMS FY 2021 Request 51 523 6 761 31 517 38 005 40 626 48 202 9 766 2 115 46 781 119 504 83 220 32 650 15 144 59 539 4 142 883 602 Conference Authorized 51 523 6 761 29 474 –2 043 36 138 –1 867 40 626 48 202 9 766 2 115 46 781 79 662 –39 842 73 901 –8 195 –79 –1 045 32 650 15 144 59 539 4 142 830 531 2 891 475 1 123 175 2 891 475 1 253 175 130 000 997 544 907 544 –90 000 1 606 432 –39 174 4 620 471 2 296 000 –10 222 2 173 187 272 000 1 878 453 17 384 78 205 3 010 270 –30 000 334 297 130 000 175 000 1 053 123 1 645 606 2 334 693 1 901 187 1 878 453 17 384 78 205 3 040 270 29 297 1 053 123 1 155 801 1 125 801 –28 000 –2 000 2 000 2 000 500 000 500 000 260 000 260 000 168 209 87 395 825 586 168 209 87 395 766 334 –59 252 249 781 56 461 369 112 249 781 56 461 369 112 H R 6395—1046 SEC 4101 PROCUREMENT In Thousands of Dollars Line Item TOTAL SHIPBUILDING AND CONVERSION NAVY 001 002 003 004 005 006 007 008 009 010 011 012 013 014 015 016 017 018 019 020 021 022 023 024 025 026 027 028 029 030 031 032 033 034 035 037 038 039 040 041 042 043 044 OTHER PROCUREMENT NAVY SHIP PROPULSION EQUIPMENT SURFACE POWER EQUIPMENT GENERATORS SURFACE COMBATANT HM E HM E condition system unjustified growth NAVIGATION EQUIPMENT OTHER NAVIGATION EQUIPMENT OTHER SHIPBOARD EQUIPMENT SUB PERISCOPE IMAGING AND SUPT EQUIP PROG DDG MOD Installation excess unit cost growth FIREFIGHTING EQUIPMENT COMMAND AND CONTROL SWITCHBOARD LHA LHD MIDLIFE POLLUTION CONTROL EQUIPMENT SUBMARINE SUPPORT EQUIPMENT VIRGINIA CLASS SUPPORT EQUIPMENT LCS CLASS SUPPORT EQUIPMENT SUBMARINE BATTERIES LPD CLASS SUPPORT EQUIPMENT Electronic actuator pilot program DDG 1000 CLASS SUPPORT EQUIPMENT Excess cost growth STRATEGIC PLATFORM SUPPORT EQUIP DSSP EQUIPMENT CG MODERNIZATION LCAC UNDERWATER EOD EQUIPMENT ITEMS LESS THAN $5 MILLION CHEMICAL WARFARE DETECTORS SUBMARINE LIFE SUPPORT SYSTEM REACTOR PLANT EQUIPMENT SHIP MAINTENANCE REPAIR AND MODERNIZATION LCS in-service modernization excess cost growth REACTOR POWER UNITS REACTOR COMPONENTS OCEAN ENGINEERING DIVING AND SALVAGE EQUIPMENT SMALL BOATS STANDARD BOATS PRODUCTION FACILITIES EQUIPMENT OPERATING FORCES IPE OTHER SHIP SUPPORT LCS COMMON MISSION MODULES EQUIPMENT LCS MCM MISSION MODULES Excess procurement ahead of satisfactory testing LCS ASW MISSION MODULES Excess procurement ahead of satisfactory testing LCS SUW MISSION MODULES LCS IN-SERVICE MODERNIZATION SMALL MEDIUM UUV SMCM UUV excess procurement ahead of satisfactory testing SHIP SONARS SPQ–9B RADAR AN SQQ–89 SURF ASW COMBAT SYSTEM SSN ACOUSTIC EQUIPMENT UNDERSEA WARFARE SUPPORT EQUIPMENT ASW ELECTRONIC EQUIPMENT SUBMARINE ACOUSTIC WARFARE SYSTEM SSTD FIXED SURVEILLANCE SYSTEM SURTASS ELECTRONIC WARFARE EQUIPMENT FY 2021 Request Conference Authorized 19 902 757 23 409 109 11 738 11 738 58 497 54 810 –3 687 74 084 74 084 204 806 547 569 204 806 512 155 –35 414 18 394 2 374 78 265 23 035 64 632 22 868 3 976 31 322 55 475 5 000 36 779 –5 500 15 429 2 918 87 978 9 366 16 842 105 715 3 044 5 885 18 394 2 374 78 265 23 035 64 632 22 868 3 976 31 322 50 475 42 279 15 429 2 918 87 978 9 366 16 842 105 715 3 044 5 885 1 260 721 5 305 415 404 1 248 621 –12 100 5 305 415 404 11 143 11 143 52 371 52 371 233 667 233 667 39 714 218 822 39 714 187 608 –31 214 38 359 –23 400 24 412 121 848 37 609 –30 100 61 759 24 412 121 848 67 709 27 517 128 664 374 737 9 286 27 517 128 664 374 737 9 286 26 066 13 241 193 446 63 838 26 066 13 241 193 446 63 838 H R 6395—1047 SEC 4101 PROCUREMENT In Thousands of Dollars Line Item 045 AN SLQ–32 Early to need RECONNAISSANCE EQUIPMENT SHIPBOARD IW EXPLOIT Excess cost growth AUTOMATED IDENTIFICATION SYSTEM AIS OTHER SHIP ELECTRONIC EQUIPMENT COOPERATIVE ENGAGEMENT CAPABILITY NAVAL TACTICAL COMMAND SUPPORT SYSTEM NTCSS ATDLS NAVY COMMAND AND CONTROL SYSTEM NCCS MINESWEEPING SYSTEM REPLACEMENT SHALLOW WATER MCM NAVSTAR GPS RECEIVERS SPACE AMERICAN FORCES RADIO AND TV SERVICE STRATEGIC PLATFORM SUPPORT EQUIP AVIATION ELECTRONIC EQUIPMENT ASHORE ATC EQUIPMENT AFLOAT ATC EQUIPMENT ID SYSTEMS JOINT PRECISION APPROACH AND LANDING SYSTEM NAVAL MISSION PLANNING SYSTEMS OTHER SHORE ELECTRONIC EQUIPMENT MARITIME INTEGRATED BROADCAST SYSTEM TACTICAL MOBILE C4I SYSTEMS DCGS-N CANES RADIAC CANES-INTELL GPETE MASF INTEG COMBAT SYSTEM TEST FACILITY EMI CONTROL INSTRUMENTATION ITEMS LESS THAN $5 MILLION NGSSR available prior year funds SHIPBOARD COMMUNICATIONS SHIPBOARD TACTICAL COMMUNICATIONS SHIP COMMUNICATIONS AUTOMATION COMMUNICATIONS ITEMS UNDER $5M SUBMARINE COMMUNICATIONS SUBMARINE BROADCAST SUPPORT SUBMARINE COMMUNICATION EQUIPMENT SATELLITE COMMUNICATIONS SATELLITE COMMUNICATIONS SYSTEMS NAVY MULTIBAND TERMINAL NMT SHORE COMMUNICATIONS JOINT COMMUNICATIONS SUPPORT ELEMENT JCSE CRYPTOGRAPHIC EQUIPMENT INFO SYSTEMS SECURITY PROGRAM ISSP MIO INTEL EXPLOITATION TEAM CRYPTOLOGIC EQUIPMENT CRYPTOLOGIC COMMUNICATIONS EQUIP OTHER ELECTRONIC SUPPORT COAST GUARD EQUIPMENT SONOBUOYS SONOBUOYS—ALL TYPES Program increase for sonobuoys AIRCRAFT SUPPORT EQUIPMENT MINOTAUR WEAPONS RANGE SUPPORT EQUIPMENT AIRCRAFT SUPPORT EQUIPMENT ADVANCED ARRESTING GEAR AAG METEOROLOGICAL EQUIPMENT LEGACY AIRBORNE MCM LAMPS EQUIPMENT AVIATION SUPPORT EQUIPMENT UMCS-UNMAN CARRIER AVIATION UCA MISSION CNTRL 046 047 048 049 050 051 052 053 054 055 056 057 058 059 060 061 062 063 064 065 066 067 068 069 070 071 072 073 074 075 076 077 078 079 080 081 082 083 090 092 093 094 095 096 097 099 100 101 102 FY 2021 Request Conference Authorized 387 195 353 961 –33 234 235 744 227 337 –8 407 3 862 3 862 26 006 15 385 103 835 3 594 15 744 5 493 38 043 2 592 7 985 26 006 15 385 103 835 3 594 15 744 5 493 38 043 2 592 7 985 83 475 65 113 23 815 100 751 13 947 83 475 65 113 23 815 100 751 13 947 1 375 22 771 18 872 389 585 10 335 48 654 8 133 4 150 5 934 4 334 159 815 1 375 22 771 18 872 389 585 10 335 48 654 8 133 4 150 5 934 4 334 154 572 –5 243 56 106 124 288 45 120 56 106 124 288 45 120 31 133 62 214 31 133 62 214 47 421 64 552 47 421 64 552 4 398 4 398 157 551 985 157 551 985 15 906 15 906 70 689 70 689 237 639 286 739 49 100 5 077 83 969 187 758 16 059 15 192 6 674 1 189 58 873 60 937 5 077 83 969 187 758 16 059 15 192 6 674 1 189 58 873 50 970 H R 6395—1048 SEC 4101 PROCUREMENT In Thousands of Dollars Line 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 121 122 123 124 125 126 127 128 129 130 132 133 134 135 136 137 140 141 41A 142 001 002 Item ARC–210 radio communication system excess to need MUOS capable communication system excess to need MUOS capable communication system unit cost growth Ship change document excess growth SHIP GUN SYSTEM EQUIPMENT SHIP GUN SYSTEMS EQUIPMENT SHIP MISSILE SYSTEMS EQUIPMENT HARPOON SUPPORT EQUIPMENT SHIP MISSILE SUPPORT EQUIPMENT Excess cost growth TOMAHAWK SUPPORT EQUIPMENT TMPC cost growth FBM SUPPORT EQUIPMENT STRATEGIC MISSILE SYSTEMS EQUIP ASW SUPPORT EQUIPMENT SSN COMBAT CONTROL SYSTEMS ASW SUPPORT EQUIPMENT OTHER ORDNANCE SUPPORT EQUIPMENT EXPLOSIVE ORDNANCE DISPOSAL EQUIP ITEMS LESS THAN $5 MILLION OTHER EXPENDABLE ORDNANCE ANTI-SHIP MISSILE DECOY SYSTEM AOEW production ramp AOEW production support SUBMARINE TRAINING DEVICE MODS SURFACE TRAINING EQUIPMENT CIVIL ENGINEERING SUPPORT EQUIPMENT PASSENGER CARRYING VEHICLES GENERAL PURPOSE TRUCKS CONSTRUCTION MAINTENANCE EQUIP FIRE FIGHTING EQUIPMENT TACTICAL VEHICLES POLLUTION CONTROL EQUIPMENT ITEMS LESS THAN $5 MILLION PHYSICAL SECURITY VEHICLES SUPPLY SUPPORT EQUIPMENT SUPPLY EQUIPMENT FIRST DESTINATION TRANSPORTATION SPECIAL PURPOSE SUPPLY SYSTEMS TRAINING DEVICES TRAINING SUPPORT EQUIPMENT TRAINING AND EDUCATION EQUIPMENT COMMAND SUPPORT EQUIPMENT COMMAND SUPPORT EQUIPMENT MEDICAL SUPPORT EQUIPMENT NAVAL MIP SUPPORT EQUIPMENT OPERATING FORCES SUPPORT EQUIPMENT C4ISR EQUIPMENT ENVIRONMENTAL SUPPORT EQUIPMENT PHYSICAL SECURITY EQUIPMENT ENTERPRISE INFORMATION TECHNOLOGY OTHER NEXT GENERATION ENTERPRISE SERVICE CYBERSPACE ACTIVITIES CLASSIFIED PROGRAMS CLASSIFIED PROGRAMS SPARES AND REPAIR PARTS SPARES AND REPAIR PARTS TOTAL OTHER PROCUREMENT NAVY PROCUREMENT MARINE CORPS TRACKED COMBAT VEHICLES AAV7A1 PIP AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES ILS excess growth Peculiar training equipment and simulators previously funded FY 2021 Request Conference Authorized –3 073 –3 019 –2 038 –1 837 5 540 208 262 077 84 087 5 540 208 252 077 –10 000 80 482 –3 605 258 910 258 910 173 770 26 584 173 770 26 584 7 470 6 356 7 470 6 356 86 356 69 240 192 245 72 056 –10 800 –3 500 69 240 192 245 6 123 2 693 47 301 10 352 31 475 2 630 47 972 1 171 6 123 2 693 47 301 10 352 31 475 2 630 47 972 1 171 19 693 4 956 668 639 19 693 4 956 668 639 4 026 73 454 4 026 73 454 32 390 974 5 606 16 024 6 697 27 503 138 281 42 680 32 390 974 5 606 16 024 6 697 27 503 138 281 42 680 184 443 16 523 184 443 16 523 18 446 18 446 374 195 10 948 518 374 195 10 776 447 87 476 478 874 87 476 456 328 –2 074 –2 550 H R 6395—1049 SEC 4101 PROCUREMENT In Thousands of Dollars Line 003 004 005 006 007 008 009 010 011 012 013 014 015 016 017 019 020 021 022 024 025 026 029 030 031 032 033 034 035 36A 037 038 039 040 042 043 044 045 046 047 048 049 050 Item Production support previously funded Surface vehicle cost prior year carryover System engineering program management previously funded LAV PIP ARTILLERY AND OTHER WEAPONS 155MM LIGHTWEIGHT TOWED HOWITZER ARTILLERY WEAPONS SYSTEM Missiles excess to need WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION RHGPK production units previously funded and cost growth OTHER SUPPORT MODIFICATION KITS USMC funds identified excess to need GUIDED MISSILES GROUND BASED AIR DEFENSE ANTI-ARMOR MISSILE-JAVELIN FAMILY ANTI-ARMOR WEAPON SYSTEMS FOAAWS ANTI-ARMOR MISSILE-TOW GUIDED MLRS ROCKET GMLRS COMMAND AND CONTROL SYSTEMS COMMON AVIATION COMMAND AND CONTROL SYSTEM C REPAIR AND TEST EQUIPMENT REPAIR AND TEST EQUIPMENT OTHER SUPPORT TEL MODIFICATION KITS COMMAND AND CONTROL SYSTEM NON-TEL ITEMS UNDER $5 MILLION COMM ELEC AIR OPERATIONS C2 SYSTEMS RADAR EQUIPMENT NON-TEL GROUND AIR TASK ORIENTED RADAR G ATOR INTELL COMM EQUIPMENT NON-TEL GCSS-MC FIRE SUPPORT SYSTEM INTELLIGENCE SUPPORT EQUIPMENT UNMANNED AIR SYSTEMS INTEL DCGS-MC UAS PAYLOADS OTHER SUPPORT NON-TEL NEXT GENERATION ENTERPRISE NETWORK NGEN Network equipment tech refresh previously funded COMMON COMPUTER RESOURCES COMMAND POST SYSTEMS RADIO SYSTEMS Program decrease COMM SWITCHING CONTROL SYSTEMS COMM ELEC INFRASTRUCTURE SUPPORT CYBERSPACE ACTIVITIES CLASSIFIED PROGRAMS CLASSIFIED PROGRAMS ADMINISTRATIVE VEHICLES COMMERCIAL CARGO VEHICLES TACTICAL VEHICLES MOTOR TRANSPORT MODIFICATIONS JOINT LIGHT TACTICAL VEHICLE FAMILY OF TACTICAL TRAILERS ENGINEER AND OTHER EQUIPMENT ENVIRONMENTAL CONTROL EQUIP ASSORT TACTICAL FUEL SYSTEMS POWER EQUIPMENT ASSORTED AMPHIBIOUS SUPPORT EQUIPMENT EOD SYSTEMS MATERIALS HANDLING EQUIPMENT PHYSICAL SECURITY EQUIPMENT GENERAL PROPERTY FIELD MEDICAL EQUIPMENT TRAINING DEVICES FAMILY OF CONSTRUCTION EQUIPMENT FY 2021 Request 41 988 59 174 687 24 867 3 067 Conference Authorized –1 713 –7 347 –8 862 41 988 59 112 187 –62 500 23 957 –910 0 –3 067 18 920 19 888 21 891 34 985 133 689 18 920 19 888 21 891 34 985 133 689 35 057 35 057 24 405 24 405 1 006 1 006 69 725 15 611 69 725 15 611 284 283 284 283 1 587 24 934 50 728 24 853 38 260 5 489 1 587 24 934 50 728 24 853 38 260 5 489 78 922 76 411 –2 511 35 349 33 713 340 350 –2 900 40 627 43 782 53 896 35 349 33 713 343 250 40 627 43 782 53 896 3 797 3 797 22 460 22 460 10 739 381 675 2 963 10 739 381 675 2 963 385 501 23 430 5 752 20 939 385 501 23 430 5 752 20 939 23 063 23 063 4 187 101 765 19 305 4 187 101 765 19 305 H R 6395—1050 SEC 4101 PROCUREMENT In Thousands of Dollars Line Item 051 ULTRA-LIGHT TACTICAL VEHICLE ULTV OTHER SUPPORT ITEMS LESS THAN $5 MILLION SPARES AND REPAIR PARTS UNDISTRIBUTED SPARES AND REPAIR PARTS TOTAL PROCUREMENT MARINE CORPS 052 053 001 002 004 005 007 008 010 011 012 013 013A 015 016 018 020 022 023 024 025 026 027 028 029 030 032 033 034 AIRCRAFT PROCUREMENT AIR FORCE TACTICAL FORCES F–35 Additional 12 F–35As Excess miscellaneous support costs Unit cost adjustment F–35 AP F–15EX Airframe excess to need F–15EX AP TACTICAL AIRLIFT KC–46A MDAP Lot 7 funding excess to NTE ceiling OTHER AIRLIFT C–130J Additional aircraft MC–130J Air force identified excess to need MC–130J AP FY22 quantity reduction HELICOPTERS UH–1N REPLACEMENT COMBAT RESCUE HELICOPTER Modernization upgrades ahead of need CV–22 SOCOM UPL MISSION SUPPORT AIRCRAFT CIVIL AIR PATROL A C Program increase OTHER AIRCRAFT TARGET DRONES COMPASS CALL MQ–9 Program increase Shutdown costs ahead of need STRATEGIC AIRCRAFT B–1 USAF-requested transfer to RDAF Line 174 B–2A B–1B B–52 Bomber TDL install funds ahead of need GPS-IU funding ahead of need LARGE AIRCRAFT INFRARED COUNTERMEASURES TACTICAL AIRCRAFT A–10 E–11 BACN HAG F–15 APG–82 common configuration excess to need MUOS ahead of need F–16 Additional radars AIFF Mode 5—AF requested transfer to RDTE AF line 187 Comm suite upgrade excess to need F–22A Contract delays F–35 MODIFICATIONS Block IV TR3 delays F–15 EPAW FY 2021 Request Conference Authorized 678 678 9 174 9 174 27 295 2 903 976 27 295 2 809 542 4 567 018 5 286 566 976 667 –156 000 –101 119 610 800 1 242 247 –27 600 133 500 610 800 1 269 847 133 500 2 850 151 2 707 799 –142 352 37 131 692 131 655 000 345 107 –17 700 30 000 –9 987 362 807 39 987 194 016 973 473 194 016 909 909 –63 564 206 220 206 220 2 811 11 200 8 389 133 273 161 117 29 409 133 273 161 117 108 000 108 000 –29 409 3 853 0 –3 853 31 476 21 808 28 078 –2 000 –23 871 9 999 31 476 21 808 53 949 9 999 135 793 33 645 349 304 615 760 387 905 322 185 31 995 135 793 33 645 329 242 –12 012 –8 050 587 892 25 000 –9 868 –43 000 361 705 –26 200 290 485 –31 700 27 195 H R 6395—1051 SEC 4101 PROCUREMENT In Thousands of Dollars Line 035 036 037 038 040 041 042 043 044 045 046 047 049 050 051 052 053 055 057 058 059 060 061 062 063 064 065 066 067 068 070 071 073 074 075 076 079 080 081 Item Concurrency INCREMENT 3 2B KC–46A MDAP Excessive airworthiness directives and service bulletins AIRLIFT AIRCRAFT C–5 Unjustified PMA cost growth C–17A BLOS ahead of need C–32A C–37A SATCOM installs ahead of need TRAINER AIRCRAFT GLIDER MODS T–6 T–1 T–38 T–38 ejection seats OTHER AIRCRAFT U–2 MODS KC–10A ATCA VC–25A MOD C–40 SATCOM installs ahead of need C–130 AMP 1 excess to need Eight-bladed propeller upgrade kits only Improved modular airborne fire fighting system iMAFFS T–56 3 5 engine mod C–130J MODS C–135 Other government cost growth COMPASS CALL Baseline 3 installation delays Baseline 4 cost discrepancies RC–135 E–3 NATO AWACS—transfer to line 88 E–4 Funds rephased to future fiscal years E–8 Program increase AIRBORNE WARNING AND CNTRL SYS AWACS 40 45 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS H–1 H–60 RQ–4 MODS ASIP SW HW upgrades and support forward financed Unjustified mod funding HC MC–130 MODIFICATIONS OTHER AIRCRAFT MQ–9 MODS CV–22 MODS AIRCRAFT SPARES AND REPAIR PARTS INITIAL SPARES REPAIR PARTS F–15 EPAWSS spares excess to need F–35A initial spares increase Unobligated balances—F–16s COMMON SUPPORT EQUIPMENT AIRCRAFT REPLACEMENT SUPPORT EQUIP POST PRODUCTION SUPPORT B–2A B–2B B–52 E–11 BACN HAG F–15 F–16 FY 2021 Request 5 889 24 085 62 108 66 798 2 947 12 985 Conference Authorized –4 800 5 889 9 085 –15 000 50 279 –11 829 44 798 –22 000 2 947 5 985 –7 000 977 26 829 4 465 36 806 977 26 829 4 465 41 806 5 000 110 618 117 1 983 9 252 110 618 117 1 983 7 252 –2 000 140 630 –3 841 55 000 4 600 79 000 140 032 86 450 –1 800 169 653 –8 706 –15 030 191 332 135 740 –36 401 44 140 –14 663 38 037 27 000 53 343 1 573 4 410 44 538 12 350 –2 000 –26 118 20 780 100 774 188 387 122 306 5 871 140 032 88 250 193 389 191 332 172 141 58 803 11 037 53 343 1 573 4 410 44 538 40 468 20 780 100 774 188 387 122 306 926 683 919 347 –6 036 10 000 –11 300 132 719 132 719 1 683 46 734 1 034 63 419 2 632 14 163 1 683 46 734 1 034 63 419 2 632 14 163 H R 6395—1052 SEC 4101 PROCUREMENT In Thousands of Dollars Line Item 083 084 OTHER AIRCRAFT RQ–4 POST PRODUCTION CHARGES INDUSTRIAL PREPAREDNESS INDUSTRIAL RESPONSIVENESS WAR CONSUMABLES WAR CONSUMABLES OTHER PRODUCTION CHARGES OTHER PRODUCTION CHARGES Classified increase NATO AWACS—transfer from line 58 CLASSIFIED PROGRAMS UNDISTRIBUTED CLASSIFIED PROGRAMS TOTAL AIRCRAFT PROCUREMENT AIR FORCE 085 086 087 89A 001 002 004 005 006 007 008 009 010 011 013 014 015 016 017 018 019 025 25A 001 002 003 006 007 009 010 011 012 013 015 MISSILE PROCUREMENT AIR FORCE MISSILE REPLACEMENT EQUIPMENT—BALLISTIC MISSILE REPLACEMENT EQ-BALLISTIC TACTICAL REPLAC EQUIP WAR CONSUMABLES JOINT AIR-SURFACE STANDOFF MISSILE LRASM0 SIDEWINDER AIM–9X AMRAAM AUR u c growth PREDATOR HELLFIRE MISSILE SMALL DIAMETER BOMB SMALL DIAMETER BOMB II Deliveries behind schedule INDUSTRIAL FACILITIES INDUSTR’L PREPAREDNS POL PREVENTION CLASS IV ICBM FUZE MOD ICBM FUZE MOD AP MM III MODIFICATIONS Initial spares—AF requested transfer to line 18 AGM–65D MAVERICK AIR LAUNCH CRUISE MISSILE ALCM MISSILE SPARES AND REPAIR PARTS MSL SPRS REPAIR PARTS INITIAL Initial spares—AF requested transfer from line 15 MSL SPRS REPAIR PARTS REPLEN SPECIAL PROGRAMS SPECIAL UPDATE PROGRAMS CLASSIFIED PROGRAMS UNDISTRIBUTED CLASSIFIED PROGRAMS TOTAL MISSILE PROCUREMENT AIR FORCE PROCUREMENT OF AMMUNITION AIR FORCE ROCKETS ROCKETS CARTRIDGES CARTRIDGES BOMBS PRACTICE BOMBS JOINT DIRECT ATTACK MUNITION B61 OTHER ITEMS CAD PAD EXPLOSIVE ORDNANCE DISPOSAL EOD SPARES AND REPAIR PARTS MODIFICATIONS ITEMS LESS THAN $5 000 000 FLARES FLARES FUZES FY 2021 Request Conference Authorized 4 595 32 585 4 595 32 585 18 215 18 215 36 046 36 046 1 439 640 1 551 041 75 000 36 401 21 692 17 908 145 21 692 19 282 613 75 012 75 012 4 495 475 949 19 800 164 769 453 223 4 495 475 949 19 800 164 769 451 923 –1 300 40 129 45 475 237 932 –35 340 40 129 45 475 273 272 814 3 458 43 450 85 310 298 52 924 9 402 814 3 458 43 450 81 137 –4 173 298 52 924 84 671 13 575 4 173 84 671 23 501 23 501 540 465 2 396 417 540 465 2 359 777 14 962 14 962 123 365 123 365 59 725 206 989 35 634 59 725 206 989 35 634 47 830 6 232 542 1 310 4 753 47 830 6 232 542 1 310 4 753 40 088 40 088 H R 6395—1053 SEC 4101 PROCUREMENT In Thousands of Dollars Line Item 016 FUZES C-HOBS ahead of need SMALL ARMS UNDISTRIBUTED SMALL ARMS TOTAL PROCUREMENT OF AMMUNITION AIR FORCE 017 001 002 003 004 005 006 007 008 009 010 011 012 013 014 015 016 017 018 019 001 002 003 004 005 006 007 008 009 010 011 013 014 015 016 017 PROCUREMENT SPACE FORCE SPACE PROCUREMENT SF ADVANCED EHF AF SATELLITE COMM SYSTEM COUNTERSPACE SYSTEMS Insufficient justification FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS GENERAL INFORMATION TECH—SPACE GPSIII FOLLOW ON Unjustified growth GPS III SPACE SEGMENT GLOBAL POSTIONING SPACE SPACEBORNE EQUIP COMSEC MILSATCOM SBIR HIGH SPACE SPECIAL SPACE ACTIVITIES NATIONAL SECURITY SPACE LAUNCH Launch services unjustified increase NUDET DETECTION SYSTEM ROCKET SYSTEMS LAUNCH PROGRAM SPACE FENCE SPACE MODS Insufficient justification Transfer from OP AF line 22 SPACELIFT RANGE SYSTEM SPACE Underexecution SPARES SPARES AND REPAIR PARTS TOTAL PROCUREMENT SPACE FORCE OTHER PROCUREMENT AIR FORCE PASSENGER CARRYING VEHICLES PASSENGER CARRYING VEHICLES CARGO AND UTILITY VEHICLES MEDIUM TACTICAL VEHICLE CAP VEHICLES Program increase CARGO AND UTILITY VEHICLES SPECIAL PURPOSE VEHICLES JOINT LIGHT TACTICAL VEHICLE SECURITY AND TACTICAL VEHICLES SPECIAL PURPOSE VEHICLES FIRE FIGHTING EQUIPMENT FIRE FIGHTING CRASH RESCUE VEHICLES MATERIALS HANDLING EQUIPMENT MATERIALS HANDLING VEHICLES BASE MAINTENANCE SUPPORT RUNWAY SNOW REMOV AND CLEANING EQU BASE MAINTENANCE SUPPORT VEHICLES COMM SECURITY EQUIPMENT COMSEC COMSEC EQUIPMENT INTELLIGENCE PROGRAMS INTERNATIONAL INTEL TECH ARCHITECTURES PDI Mission Partner Environment BICES-X local upgrades INTELLIGENCE TRAINING EQUIPMENT INTELLIGENCE COMM EQUIPMENT IMAD acquisition materials ELECTRONICS PROGRAMS AIR TRAFFIC CONTROL LANDING SYS FY 2021 Request 40 983 13 925 596 338 14 823 48 326 65 540 66 190 3 299 627 796 20 122 2 256 35 495 15 795 160 891 78 387 1 043 171 6 638 47 741 11 279 96 551 100 492 Conference Authorized 38 901 –2 082 13 925 594 256 14 823 48 326 49 155 –16 385 66 190 3 299 612 796 –15 000 20 122 2 256 35 495 15 795 160 891 78 387 948 171 –95 000 6 638 47 741 11 279 88 706 –10 000 2 155 90 492 –10 000 1 272 2 446 064 1 272 2 301 834 9 016 9 016 15 058 1 059 38 920 15 058 1 800 741 38 920 30 544 319 43 157 30 544 319 43 157 8 621 8 621 12 897 12 897 3 577 43 095 3 577 43 095 54 864 54 864 9 283 10 783 1 500 6 849 30 191 –3 280 6 849 33 471 29 409 29 409 H R 6395—1054 SEC 4101 PROCUREMENT In Thousands of Dollars Line Item 018 019 020 021 022 BATTLE CONTROL SYSTEM—FIXED THEATER AIR CONTROL SYS IMPROVEMEN WEATHER OBSERVATION FORECAST STRATEGIC COMMAND AND CONTROL CHEYENNE MOUNTAIN COMPLEX Transfer to P SF line 17 MISSION PLANNING SYSTEMS INTEGRATED STRAT PLAN ANALY NETWORK ISPAN SPCL COMM-ELECTRONICS PROJECTS GENERAL INFORMATION TECHNOLOGY AF GLOBAL COMMAND CONTROL SYS MOBILITY COMMAND AND CONTROL AIR FORCE PHYSICAL SECURITY SYSTEM Program decrease COMBAT TRAINING RANGES forward financing MINIMUM ESSENTIAL EMERGENCY COMM N Schedule slips WIDE AREA SURVEILLANCE WAS C3 COUNTERMEASURES DEFENSE ENTERPRISE ACCOUNTING MGT SYS THEATER BATTLE MGT C2 SYSTEM AIR SPACE OPERATIONS CENTER AOC AIR FORCE COMMUNICATIONS BASE INFORMATION TRANSPT INFRAST BITI WIRED AFNET JOINT COMMUNICATIONS SUPPORT ELEMENT JCSE USCENTCOM USSTRATCOM ORGANIZATION AND BASE TACTICAL C-E EQUIPMENT RADIO EQUIPMENT BASE COMM INFRASTRUCTURE PDI Mission Partner Environment PACNET MODIFICATIONS COMM ELECT MODS PERSONAL SAFETY RESCUE EQUIP PERSONAL SAFETY AND RESCUE EQUIPMENT DEPOT PLANT MTRLS HANDLING EQ POWER CONDITIONING EQUIPMENT MECHANIZED MATERIAL HANDLING EQUIP BASE SUPPORT EQUIPMENT BASE PROCURED EQUIPMENT ENGINEERING AND EOD EQUIPMENT MOBILITY EQUIPMENT FUELS SUPPORT EQUIPMENT FSE BASE MAINTENANCE AND SUPPORT EQUIPMENT SPECIAL SUPPORT PROJECTS DARP RC135 DCGS-AF SPECIAL UPDATE PROGRAM CLASSIFIED PROGRAMS CLASSIFIED PROGRAMS Program adjustment SPARES AND REPAIR PARTS SPARES AND REPAIR PARTS CYBER SPARES AND REPAIR PARTS TOTAL OTHER PROCUREMENT AIR FORCE 023 025 026 027 029 030 031 032 033 034 036 038 039 041 042 043 044 045 046 047 049 050 051 052 053 054 055 056 057 058 060 061 063 63A 064 065 026 049 048 053 PROCUREMENT DEFENSE-WIDE MAJOR EQUIPMENT OSD MAJOR EQUIPMENT DPAA MAJOR EQUIPMENT OSD MAJOR EQUIPMENT NSA INFORMATION SYSTEMS SECURITY PROGRAM ISSP MAJOR EQUIPMENT WHS MAJOR EQUIPMENT WHS FY 2021 Request 7 909 32 632 33 021 31 353 10 314 15 132 9 806 39 887 2 602 10 541 96 277 Conference Authorized 7 909 32 632 33 021 31 353 8 199 –2 115 15 132 9 806 59 633 105 584 899 3 392 24 983 39 887 2 602 10 541 93 777 –2 500 193 185 –2 000 21 664 –8 000 59 633 105 584 899 3 392 24 983 19 147 84 515 6 185 19 649 4 337 19 147 84 515 6 185 19 649 4 337 137 033 15 264 132 281 137 033 15 264 146 281 14 000 21 471 21 471 49 578 49 578 11 454 12 110 11 454 12 110 21 142 7 700 18 266 9 601 42 078 21 142 7 700 18 266 9 601 42 078 27 164 121 528 782 641 27 164 121 528 782 641 195 185 29 664 21 086 112 21 041 612 –44 500 1 664 15 847 23 695 720 1 664 15 847 23 649 566 500 3 099 500 3 099 101 101 515 515 H R 6395—1055 SEC 4101 PROCUREMENT In Thousands of Dollars Line 011 012 013 014 016 017 018 019 020 021 023 003 050 051 031 034 035 036 037 038 039 040 041 042 005 028 029 027 025 002 024 54A 055 059 060 061 062 063 064 065 066 067 Item MAJOR EQUIPMENT DISA INFORMATION SYSTEMS SECURITY TELEPORT PROGRAM JOINT FORCES HEADQUARTERS—DODIN ITEMS LESS THAN $5 MILLION DEFENSE INFORMATION SYSTEM NETWORK WHITE HOUSE COMMUNICATION AGENCY SENIOR LEADERSHIP ENTERPRISE JOINT REGIONAL SECURITY STACKS JRSS JOINT SERVICE PROVIDER FOURTH ESTATE NETWORK OPTIMIZATION 4ENO MAJOR EQUIPMENT DLA MAJOR EQUIPMENT MGUE—DLA requested transfer to RDTE DW line 54 MAJOR EQUIPMENT DCSA MAJOR EQUIPMENT MAJOR EQUIPMENT TJS MAJOR EQUIPMENT TJS MAJOR EQUIPMENT—TJS CYBER MAJOR EQUIPMENT MISSILE DEFENSE AGENCY THAAD 8th THAAD battery components HEMTT life-of-type buy AEGIS BMD AEGIS BMD AP BMDS AN TPY–2 RADARS 8th THAAD battery radar equipment SM–3 IIAS Increase SM–3 Block IIA quantities ARROW 3 UPPER TIER SYSTEMS SHORT RANGE BALLISTIC MISSILE DEFENSE SRBMD AEGIS ASHORE PHASE III IRON DOME AEGIS BMD HARDWARE AND SOFTWARE MAJOR EQUIPMENT DHRA PERSONNEL ADMINISTRATION MAJOR EQUIPMENT DEFENSE THREAT REDUCTION AGENCY VEHICLES OTHER MAJOR EQUIPMENT MAJOR EQUIPMENT DEFENSE SECURITY COOPERATION AGENCY REGIONAL CENTER PROCUREMENT MAJOR EQUIPMENT DODEA AUTOMATION EDUCATIONAL SUPPORT LOGISTICS MAJOR EQUIPMENT DCMA MAJOR EQUIPMENT MAJOR EQUIPMENT DMACT MAJOR EQUIPMENT CLASSIFIED PROGRAMS CLASSIFIED PROGRAMS Classified adjustment AVIATION PROGRAMS ARMED OVERWATCH TARGETING Program decrease ROTARY WING UPGRADES AND SUSTAINMENT UNMANNED ISR Program decrease NON-STANDARD AVIATION U–28 MH–47 CHINOOK CV–22 MODIFICATION MQ–9 UNMANNED AERIAL VEHICLE PRECISION STRIKE PACKAGE Program decrease AC MC–130J RFCM excess to need FY 2021 Request Conference Authorized 17 211 29 841 3 091 41 569 26 978 44 161 35 935 88 741 157 538 42 084 17 211 29 841 3 091 41 569 26 978 44 161 35 935 88 741 157 538 42 084 417 459 410 459 –7 000 2 212 2 212 8 329 1 247 8 329 1 247 495 396 356 195 44 901 218 322 77 000 50 000 39 114 73 000 104 241 601 796 76 300 30 100 356 195 44 901 243 300 243 300 324 322 106 000 77 000 50 000 39 114 73 000 104 241 4 213 4 213 215 9 994 215 9 994 1 598 1 598 1 319 1 319 1 398 1 398 7 993 7 993 554 264 551 864 –2 400 101 000 0 –101 000 211 041 24 488 –1 000 61 874 3 825 135 482 14 829 6 746 238 111 –5 000 153 914 –10 000 211 041 25 488 61 874 3 825 135 482 14 829 6 746 243 111 163 914 H R 6395—1056 SEC 4101 PROCUREMENT In Thousands of Dollars FY 2021 Request Conference Authorized Line Item 068 C–130 MODIFICATIONS SHIPBUILDING UNDERWATER SYSTEMS AMMUNITION PROGRAMS ORDNANCE ITEMS $5M OTHER PROCUREMENT PROGRAMS INTELLIGENCE SYSTEMS DISTRIBUTED COMMON GROUND SURFACE SYSTEMS OTHER ITEMS $5M MMP excess to need COMBATANT CRAFT SYSTEMS SPECIAL PROGRAMS Program decrease TACTICAL VEHICLES WARRIOR SYSTEMS $5M COMBAT MISSION REQUIREMENTS GLOBAL VIDEO SURVEILLANCE ACTIVITIES OPERATIONAL ENHANCEMENTS INTELLIGENCE OPERATIONAL ENHANCEMENTS CBDP CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS CB PROTECTION HAZARD MITIGATION TOTAL PROCUREMENT DEFENSE-WIDE 147 150 149 944 5 324 487 147 150 149 944 5 634 061 TOTAL PROCUREMENT 130 684 160 136 585 222 069 070 071 072 073 074 075 076 077 078 079 080 081 082 083 20 414 20 414 20 556 20 556 186 197 186 197 94 982 11 645 96 333 94 982 11 645 84 107 –12 226 17 278 71 365 –7 500 30 158 260 733 19 848 2 401 13 861 247 038 17 278 78 865 30 158 260 733 19 848 2 401 13 861 247 038 SEC 4102 PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS SEC 4102 PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars Line 002 009 014 017 020 025 030 037 038 041 002 003 006 011 015 017 Item AIRCRAFT PROCUREMENT ARMY FIXED WING MQ–1 UAV Additional aircraft ROTARY AH–64 APACHE BLOCK IIIB NEW BUILD CH–47 HELICOPTER MODIFICATION OF AIRCRAFT MQ–1 PAYLOAD MIP Justification does not match need MULTI SENSOR ABN RECON MIP EMARSS SEMA MODS MIP DEGRADED VISUAL ENVIRONMENT GROUND SUPPORT AVIONICS CMWS COMMON INFRARED COUNTERMEASURES CIRCM OTHER SUPPORT UNDISTRIBUTED AIRCREW INTEGRATED SYSTEMS TOTAL AIRCRAFT PROCUREMENT ARMY MISSILE PROCUREMENT ARMY SURFACE-TO-AIR MISSILE SYSTEM M-SHORAD—PROCUREMENT MSE MISSILE AIR-TO-SURFACE MISSILE SYSTEM HELLFIRE SYS SUMMARY ANTI-TANK ASSAULT MISSILE SYS GUIDED MLRS ROCKET GMLRS LETHAL MINIATURE AERIAL MISSILE SYSTEM LMAMS Contract delays MODIFICATIONS ATACMS MODS FY 2021 Request Conference Authorized 110 000 110 000 69 154 50 472 69 154 50 472 5 968 122 520 26 460 1 916 0 –5 968 122 520 26 460 1 916 149 162 32 400 149 162 32 400 3 028 461 080 3 028 565 112 158 300 176 585 158 300 176 585 236 265 236 265 127 015 84 993 127 015 69 393 –15 600 78 434 78 434 H R 6395—1057 SEC 4102 PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars FY 2021 Request Conference Authorized Line Item 022 MLRS MODS TOTAL MISSILE PROCUREMENT ARMY 20 000 881 592 20 000 865 992 PROCUREMENT OF W TCV ARMY WEAPONS OTHER COMBAT VEHICLES MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S MORTAR SYSTEMS TOTAL PROCUREMENT OF W TCV ARMY 4 765 10 460 15 225 4 765 10 460 15 225 567 40 17 189 24 900 567 40 17 189 24 900 29 213 21 675 29 213 21 675 176 33 880 176 33 880 11 110 668 11 110 668 6 500 15 163 27 066 6 500 15 163 27 066 2 700 2 700 12 566 289 319 12 566 289 319 1 257 1 257 1 230 1 230 128 128 15 277 74 004 15 277 74 004 47 709 1 766 61 450 12 337 47 709 1 766 61 450 12 337 44 293 49 100 44 293 49 100 33 496 643 11 37 000 280 13 672 33 496 643 11 37 000 280 13 672 15 143 15 143 4 688 16 552 4 688 16 552 016 018 001 002 004 005 008 016 017 020 021 029 013 014 017 030 032 033 034 045 048 052 058 062 068 070 071 073 080 081 083 084 087 088 094 095 100 109 110 PROCUREMENT OF AMMUNITION ARMY SMALL MEDIUM CAL AMMUNITION CTG 5 56MM ALL TYPES CTG 7 62MM ALL TYPES CTG HANDGUN ALL TYPES CTG 50 CAL ALL TYPES CTG 30MM ALL TYPES ARTILLERY AMMUNITION PROJ 155MM EXTENDED RANGE M982 ARTILLERY PROPELLANTS FUZES AND PRIMERS ALL ROCKETS SHOULDER LAUNCHED MUNITIONS ALL TYPES ROCKET HYDRA 70 ALL TYPES MISCELLANEOUS ITEMS LESS THAN $5 MILLION AMMO TOTAL PROCUREMENT OF AMMUNITION ARMY OTHER PROCUREMENT ARMY TACTICAL VEHICLES FAMILY OF HEAVY TACTICAL VEHICLES FHTV PLS ESP TACTICAL WHEELED VEHICLE PROTECTION KITS COMM—SATELLITE COMMUNICATIONS TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS ASSURED POSITIONING NAVIGATION AND TIMING SMART-T SPACE GLOBAL BRDCST SVC—GBS COMM—COMBAT COMMUNICATIONS FAMILY OF MED COMM FOR COMBAT CASUALTY CARE COMM—INTELLIGENCE COMM CI AUTOMATION ARCHITECTURE MIP INFORMATION SECURITY COMMUNICATIONS SECURITY COMSEC COMM—BASE COMMUNICATIONS INFORMATION SYSTEMS INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ELECT EQUIP—TACT INT REL ACT TIARA DCGS-A MIP TROJAN MIP MOD OF IN-SVC EQUIP INTEL SPT MIP BIOMETRIC TACTICAL COLLECTION DEVICES MIP ELECT EQUIP—ELECTRONIC WARFARE EW FAMILY OF PERSISTENT SURVEILLANCE CAP MIP COUNTERINTELLIGENCE SECURITY COUNTERMEASURES ELECT EQUIP—TACTICAL SURV TAC SURV SENTINEL MODS NIGHT VISION DEVICES RADIATION MONITORING SYSTEMS INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS COMPUTER BALLISTICS LHMBC XM32 MORTAR FIRE CONTROL SYSTEM ELECT EQUIP—TACTICAL C2 SYSTEMS AIR MSL DEFENSE PLANNING CONTROL SYS ELECT EQUIP—AUTOMATION ARMY TRAINING MODERNIZATION AUTOMATED DATA PROCESSING EQUIP CHEMICAL DEFENSIVE EQUIPMENT H R 6395—1058 SEC 4102 PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars Line Item 121 122 123 FAMILY OF NON-LETHAL EQUIPMENT FNLE BASE DEFENSE SYSTEMS BDS CBRN DEFENSE BRIDGING EQUIPMENT TACTICAL BRIDGING ENGINEER NON-CONSTRUCTION EQUIPMENT RENDER SAFE SETS KITS OUTFITS COMBAT SERVICE SUPPORT EQUIPMENT HEATERS AND ECU’S PERSONNEL RECOVERY SUPPORT SYSTEM PRSS FORCE PROVIDER FIELD FEEDING EQUIPMENT CARGO AERIAL DEL PERSONNEL PARACHUTE SYSTEM PETROLEUM EQUIPMENT DISTRIBUTION SYSTEMS PETROLEUM WATER MEDICAL EQUIPMENT COMBAT SUPPORT MEDICAL MAINTENANCE EQUIPMENT MOBILE MAINTENANCE EQUIPMENT SYSTEMS ITEMS LESS THAN $5 0M MAINT EQ CONSTRUCTION EQUIPMENT LOADERS HYDRAULIC EXCAVATOR TRACTOR FULL TRACKED HIGH MOBILITY ENGINEER EXCAVATOR HMEE CONST EQUIP ESP GENERATORS GENERATORS AND ASSOCIATED EQUIP MATERIAL HANDLING EQUIPMENT FAMILY OF FORKLIFTS OTHER SUPPORT EQUIPMENT RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT PHYSICAL SECURITY SYSTEMS OPA3 BUILDING PRE-FAB RELOCATABLE TOTAL OTHER PROCUREMENT ARMY 125 137 140 142 145 146 147 150 151 152 153 156 157 158 160 162 167 169 180 181 185 024 053 055 064 012 001 002 003 004 006 007 008 011 012 013 028 FY 2021 Request Conference Authorized 25 480 98 960 18 887 25 480 98 960 18 887 50 400 50 400 84 000 84 000 370 3 721 56 400 2 279 2 040 370 3 721 56 400 2 279 2 040 4 374 4 374 6 390 6 390 7 769 184 7 769 184 3 190 7 600 7 450 3 703 657 3 190 7 600 7 450 3 703 657 106 106 1 885 1 885 8 500 3 248 31 845 924 077 8 500 3 248 31 845 924 077 AIRCRAFT PROCUREMENT NAVY OTHER AIRCRAFT STUASL0 UAV MODIFICATION OF AIRCRAFT COMMON ECM EQUIPMENT COMMON DEFENSIVE WEAPON SYSTEM QRC TOTAL AIRCRAFT PROCUREMENT NAVY 7 921 7 921 3 474 3 339 18 507 33 241 3 474 3 339 18 507 33 241 WEAPONS PROCUREMENT NAVY TACTICAL MISSILES HELLFIRE TOTAL WEAPONS PROCUREMENT NAVY 5 572 5 572 5 572 5 572 PROCUREMENT OF AMMO NAVY MC NAVY AMMUNITION GENERAL PURPOSE BOMBS JDAM AIRBORNE ROCKETS ALL TYPES MACHINE GUN AMMUNITION CARTRIDGES CART ACTUATED DEVICES AIR EXPENDABLE COUNTERMEASURES JATOS OTHER SHIP GUN AMMUNITION SMALL ARMS LANDING PARTY AMMO PYROTECHNIC AND DEMOLITION TOTAL PROCUREMENT OF AMMO NAVY MC 8 068 15 529 23 000 22 600 3 927 15 978 2 100 2 611 1 624 505 95 942 8 068 15 529 23 000 22 600 3 927 15 978 2 100 2 611 1 624 505 95 942 OTHER PROCUREMENT NAVY SMALL BOATS STANDARD BOATS 19 104 19 104 H R 6395—1059 SEC 4102 PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars Line 035 043 092 095 110 115 116 118 125 128 130 136 012 015 022 038 013 020 021 026 046 055 066 069 070 071 072 073 004 008 009 Item OTHER SHIP SUPPORT SMALL MEDIUM UUV ASW ELECTRONIC EQUIPMENT FIXED SURVEILLANCE SYSTEM SONOBUOYS SONOBUOYS—ALL TYPES AIRCRAFT SUPPORT EQUIPMENT AIRCRAFT SUPPORT EQUIPMENT OTHER ORDNANCE SUPPORT EQUIPMENT EXPLOSIVE ORDNANCE DISPOSAL EQUIP CIVIL ENGINEERING SUPPORT EQUIPMENT PASSENGER CARRYING VEHICLES GENERAL PURPOSE TRUCKS FIRE FIGHTING EQUIPMENT SUPPLY SUPPORT EQUIPMENT FIRST DESTINATION TRANSPORTATION TRAINING DEVICES TRAINING AND EDUCATION EQUIPMENT COMMAND SUPPORT EQUIPMENT MEDICAL SUPPORT EQUIPMENT PHYSICAL SECURITY EQUIPMENT TOTAL OTHER PROCUREMENT NAVY PROCUREMENT MARINE CORPS GUIDED MISSILES GUIDED MLRS ROCKET GMLRS OTHER SUPPORT TEL MODIFICATION KITS INTELL COMM EQUIPMENT NON-TEL INTELLIGENCE SUPPORT EQUIPMENT TACTICAL VEHICLES MOTOR TRANSPORT MODIFICATIONS TOTAL PROCUREMENT MARINE CORPS FY 2021 Request Conference Authorized 2 946 2 946 213 000 213 000 26 196 26 196 60 217 60 217 2 124 2 124 177 416 801 177 416 801 520 520 11 500 11 500 3 525 3 000 343 526 3 525 3 000 343 526 17 456 17 456 4 200 4 200 10 124 10 124 16 183 47 963 16 183 47 963 174 000 174 000 142 490 13 770 57 900 –8 600 –75 990 13 770 57 521 57 521 9 600 12 800 58 020 46 100 6 290 9 600 12 800 58 020 63 500 17 400 6 290 AIRCRAFT PROCUREMENT AIR FORCE HELICOPTERS COMBAT RESCUE HELICOPTER OTHER AIRCRAFT MQ–9 ECP excess to need Production line shutdown ahead of need RQ–20B PUMA STRATEGIC AIRCRAFT LARGE AIRCRAFT INFRARED COUNTERMEASURES OTHER AIRCRAFT U–2 MODS COMPASS CALL HC MC–130 MODIFICATIONS MQ–9 UAS PAYLOADS WAMI combat loss replacement CV–22 MODS AIRCRAFT SPARES AND REPAIR PARTS INITIAL SPARES REPAIR PARTS MQ–9 COMMON SUPPORT EQUIPMENT AIRCRAFT REPLACEMENT SUPPORT EQUIP TOTAL AIRCRAFT PROCUREMENT AIR FORCE 10 700 12 250 10 700 12 250 25 614 569 155 25 614 501 965 MISSILE PROCUREMENT AIR FORCE TACTICAL JOINT AIR-SURFACE STANDOFF MISSILE PREDATOR HELLFIRE MISSILE SMALL DIAMETER BOMB TOTAL MISSILE PROCUREMENT AIR FORCE 30 000 143 420 50 352 223 772 30 000 143 420 50 352 223 772 PROCUREMENT OF AMMUNITION AIR FORCE ROCKETS H R 6395—1060 SEC 4102 PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars Line Item 001 ROCKETS CARTRIDGES CARTRIDGES BOMBS GENERAL PURPOSE BOMBS JOINT DIRECT ATTACK MUNITION FLARES FLARES FUZES FUZES SMALL ARMS UNDISTRIBUTED SMALL ARMS TOTAL PROCUREMENT OF AMMUNITION AIR FORCE 002 004 006 015 016 017 001 002 004 005 007 008 009 010 011 026 030 049 055 056 057 058 061 065 016 030 54A 056 057 060 062 070 071 OTHER PROCUREMENT AIR FORCE PASSENGER CARRYING VEHICLES PASSENGER CARRYING VEHICLES CARGO AND UTILITY VEHICLES MEDIUM TACTICAL VEHICLE CARGO AND UTILITY VEHICLES SPECIAL PURPOSE VEHICLES JOINT LIGHT TACTICAL VEHICLE SPECIAL PURPOSE VEHICLES FIRE FIGHTING EQUIPMENT FIRE FIGHTING CRASH RESCUE VEHICLES MATERIALS HANDLING EQUIPMENT MATERIALS HANDLING VEHICLES BASE MAINTENANCE SUPPORT RUNWAY SNOW REMOV AND CLEANING EQU BASE MAINTENANCE SUPPORT VEHICLES SPCL COMM-ELECTRONICS PROJECTS GENERAL INFORMATION TECHNOLOGY AIR FORCE PHYSICAL SECURITY SYSTEM ORGANIZATION AND BASE BASE COMM INFRASTRUCTURE BASE SUPPORT EQUIPMENT ENGINEERING AND EOD EQUIPMENT MOBILITY EQUIPMENT FUELS SUPPORT EQUIPMENT FSE BASE MAINTENANCE AND SUPPORT EQUIPMENT SPECIAL SUPPORT PROJECTS DCGS-AF SPARES AND REPAIR PARTS SPARES AND REPAIR PARTS TOTAL OTHER PROCUREMENT AIR FORCE PROCUREMENT DEFENSE-WIDE MAJOR EQUIPMENT DISA DEFENSE INFORMATION SYSTEM NETWORK MAJOR EQUIPMENT DEFENSE THREAT REDUCTION AGENCY COUNTER IMPROVISED THREAT TECHNOLOGIES CLASSIFIED PROGRAMS CLASSIFIED PROGRAMS AVIATION PROGRAMS MANNED ISR Combat loss replacement—DHC–8 MC–12 UNMANNED ISR U–28 Combat loss replacement AMMUNITION PROGRAMS ORDNANCE ITEMS $5M OTHER PROCUREMENT PROGRAMS INTELLIGENCE SYSTEMS FY 2021 Request Conference Authorized 19 489 19 489 40 434 40 434 369 566 237 723 369 566 237 723 21 171 21 171 107 855 107 855 6 217 802 455 6 217 802 455 1 302 1 302 3 400 12 475 3 400 12 475 26 150 51 254 26 150 51 254 24 903 24 903 14 167 14 167 5 759 20 653 5 759 20 653 5 100 56 496 5 100 56 496 30 717 30 717 13 172 33 694 1 777 31 620 13 172 33 694 1 777 31 620 18 700 18 700 4 000 355 339 4 000 355 339 6 120 6 120 2 540 2 540 3 500 3 500 5 000 45 100 40 100 5 000 8 207 24 711 24 711 5 000 8 207 105 355 105 355 16 234 16 234 H R 6395—1061 SEC 4102 PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars FY 2021 Request Line Item 073 076 077 078 080 081 OTHER ITEMS $5M TACTICAL VEHICLES WARRIOR SYSTEMS $5M COMBAT MISSION REQUIREMENTS OPERATIONAL ENHANCEMENTS INTELLIGENCE OPERATIONAL ENHANCEMENTS TOTAL PROCUREMENT DEFENSE-WIDE 007 Conference Authorized 984 2 990 32 573 10 000 6 724 53 264 258 491 984 2 990 32 573 10 000 6 724 53 264 323 302 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT UNDISTRIBUTED UNDISTRIBUTED Program increase TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT TOTAL PROCUREMENT 150 000 150 000 150 000 150 000 5 128 098 5 514 151 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 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 002 0601102A 003 0601103A 004 0601104A 005 0601121A 007 011 0602115A 0602134A 012 0602141A 013 0602142A 014 0602143A Item RESEARCH DEVELOPMENT TEST EVAL ARMY BASIC RESEARCH DEFENSE RESEARCH SCIENCES Counter-UAS Army research lab Increase in basic research UNIVERSITY RESEARCH INITIATIVES Program increase UNIVERSITY AND INDUSTRY RESEARCH CENTERS Automotive research center modeling and simulation Biotechnology advancements Program increase CYBER COLLABORATIVE RESEARCH ALLIANCE SUBTOTAL BASIC RESEARCH APPLIED RESEARCH BIOMEDICAL TECHNOLOGY COUNTER IMPROVISED-THREAT ADVANCED STUDIES LETHALITY TECHNOLOGY Hybrid additive manufacturing Next generation additive manufacturing and 3– D printed electronics ARMY APPLIED RESEARCH Pathfinder Air Assault SOLDIER LETHALITY TECHNOLOGY HEROES program increase Pathfinder Airborne FY 2021 Request 303 257 67 148 87 877 Conference Authorized 318 257 5 000 10 000 72 148 5 000 101 877 5 000 5 077 463 359 4 000 5 000 5 077 497 359 11 835 2 000 11 835 2 000 42 425 50 425 3 000 5 000 30 757 33 757 3 000 137 435 5 000 5 000 125 435 H R 6395—1062 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line 015 016 017 Program Element 0602144A 0602145A 0602146A 018 0602147A 019 0602148A 020 0602150A 022 040 0602213A 0602785A 042 0602787A 044 049 0603002A 0603007A 052 053 0603115A 0603117A 054 0603118A 055 0603119A 059 063 064 0603134A 0603457A 0603461A 065 0603462A 066 0603463A Item Syn-bio enabled functional materials for the soldier GROUND TECHNOLOGY Cold weather military research Ground technology advanced manufacturing materials and process initiative Materials recovery technologies for defense supply resiliency Polymeric composites via cold spray additive manufacturing NEXT GENERATION COMBAT VEHICLE TECHNOLOGY Ground combat vehicle platform electrification Immersive virtual modeling and simulation techniques Next Generation Combat Vehicle modeling and simulation NETWORK C3I TECHNOLOGY Alternative positioning navigation and timing Defense resiliency platform against extreme cold weather Multi-drone multi-sensor ISR capability Program increase LONG RANGE PRECISION FIRES TECHNOLOGY Composite artillery tube and propulsion prototyping FUTURE VERTICLE LIFT TECHNOLOGY High density eVOTL power source research AIR AND MISSILE DEFENSE TECHNOLOGY Advanced beam control tracking and targeting High energy laser technology C3I APPLIED CYBER MANPOWER PERSONNEL TRAINING TECHNOLOGY MEDICAL TECHNOLOGY SUBTOTAL APPLIED RESEARCH ADVANCED TECHNOLOGY DEVELOPMENT MEDICAL ADVANCED TECHNOLOGY MANPOWER PERSONNEL AND TRAINING ADVANCED TECHNOLOGY MEDICAL DEVELOPMENT ARMY ADVANCED TECHNOLOGY DEVELOPMENT SOLDIER LETHALITY ADVANCED TECHNOLOGY 3D advanced manufacturing Advanced AI AA analytics for modernization and readiness Anthropomorphic study for body armor modernization GROUND ADVANCED TECHNOLOGY Graphene applications for military engineering Rapid entry and sustainment for the arctic COUNTER IMPROVISED-THREAT SIMULATION C3I CYBER ADVANCED DEVELOPMENT HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM High performance computing modernization NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY Carbon fiber and graphitic composites Fuel cell powered vehicle development Small unit ground robotic capabilities Virtual experimentations enhancement NETWORK C3I ADVANCED TECHNOLOGY Tactical geospatial information development FY 2021 Request Conference Authorized 2 000 28 047 47 047 2 000 2 000 10 000 5 000 217 565 227 565 2 000 5 000 3 000 114 404 60 553 96 484 56 298 18 816 20 766 129 404 5 000 3 000 2 000 5 000 65 553 5 000 101 484 5 000 66 298 5 000 5 000 18 816 20 766 95 496 920 881 95 496 1 007 881 38 896 11 659 38 896 11 659 27 723 62 663 27 723 62 663 109 608 120 608 2 000 5 000 4 000 14 795 25 000 23 357 188 024 22 795 3 000 5 000 25 000 23 357 193 024 199 358 5 000 231 858 158 608 10 000 10 000 7 500 5 000 163 608 5 000 H R 6395—1063 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line 067 Program Element 0603464A 068 0603465A 069 0603466A 077 078 0603920A 0603305A 079 080 0603308A 0603327A 081 0603619A 083 084 0603639A 0603645A 085 086 0603747A 0603766A 087 0603774A 088 0603779A 089 090 0603790A 0603801A 091 0603804A 092 093 0603807A 0603827A 094 0604017A 096 0604021A 097 0604035A 098 099 0604100A 0604101A 100 0604113A 101 0604114A 102 0604115A 103 0604117A Item LONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY Hypervelocity projectile—extended range technologies FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY High-energy laser system characterization lab Program acceleration HUMANITARIAN DEMINING SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ADVANCED COMPONENT DEVELOPMENT PROTOTYPES ARMY MISSLE DEFENSE SYSTEMS INTEGRATION Accelerated test and integration Hypersonic hot air tunnel test environment ARMY SPACE SYSTEMS INTEGRATION AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING LANDMINE WARFARE AND BARRIER—ADV DEV Interim top attack support costs carryover MICLIC replacement development TANK AND MEDIUM CALIBER AMMUNITION ARMORED SYSTEM MODERNIZATION—ADV DEV Program decrease SOLDIER SUPPORT AND SURVIVABILITY TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV MDSS sensor development contract ahead of need NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT ENVIRONMENTAL QUALITY TECHNOLOGY— DEM VAL NATO RESEARCH AND DEVELOPMENT AVIATION—ADV DEV Future Long Range Assault Aircraft FLRAA LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV MEDICAL SYSTEMS—ADV DEV SOLDIER SYSTEMS—ADVANCED DEVELOPMENT IHPS program delays ROBOTICS DEVELOPMENT Excess testing and evaluation growth ELECTRONIC WARFARE TECHNOLOGY MATURATION MIP LOW EARTH ORBIT LEO SATELLITE CAPABILITY ANALYSIS OF ALTERNATIVES SMALL UNMANNED AERIAL VEHICLE SUAV 6 4 FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM FTUAS LOWER TIER AIR MISSILE DEFENSE LTAMD SENSOR TECHNOLOGY MATURATION INITIATIVES OpFires lack of transition pathway MANEUVER—SHORT RANGE AIR DEFENSE MSHORAD FY 2021 Request 121 060 Conference Authorized 131 060 10 000 156 194 156 194 58 130 73 630 8 515 1 203 590 10 500 5 000 8 515 1 290 590 11 062 24 062 26 230 26 482 10 000 3 000 26 230 26 482 64 092 61 858 92 753 151 478 –4 234 2 000 92 753 136 478 5 841 194 775 –15 000 5 841 182 400 –12 375 24 316 24 316 13 387 13 387 4 762 647 937 4 761 4 762 652 937 5 000 4 761 28 520 26 138 28 520 24 138 22 840 –2 000 114 792 –6 415 22 840 22 678 22 678 10 082 1 378 10 082 1 378 40 083 40 083 376 373 376 373 156 834 146 834 –10 000 4 995 121 207 4 995 H R 6395—1064 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 105 0604119A 106 0604120A 107 0604121A 108 0604134A 109 0604182A 111 112 115 0604403A 0604541A 0305251A 118 119 0604201A 0604270A 121 0604601A 122 123 124 125 126 127 0604604A 0604611A 0604622A 0604633A 0604642A 0604645A 128 0604710A 129 0604713A 130 131 0604715A 0604741A 132 0604742A 133 134 0604746A 0604760A 135 136 0604768A 0604780A 137 0604798A 138 139 0604802A 0604804A 140 0604805A 141 0604807A 142 0604808A Item ARMY ADVANCED COMPONENT DEVELOPMENT PROTOTYPING ASSURED POSITIONING NAVIGATION AND TIMING PNT SYNTHETIC TRAINING ENVIRONMENT REFINEMENT PROTOTYPING COUNTER IMPROVISED-THREAT DEMONSTRATION PROTOTYPE DEVELOPMENT AND TESTING HYPERSONICS Program increase FUTURE INTERCEPTOR UNIFIED NETWORK TRANSPORT CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT SUBTOTAL ADVANCED COMPONENT DEVELOPMENT PROTOTYPES SYSTEM DEVELOPMENT DEMONSTRATION AIRCRAFT AVIONICS ELECTRONIC WARFARE DEVELOPMENT MFEW developmenal test flight ahead of need INFANTRY SUPPORT WEAPONS Advanced gunner protection kit development NGSW special purpose projectile development delay Soldier Enhancement Program MEDIUM TACTICAL VEHICLES JAVELIN FAMILY OF HEAVY TACTICAL VEHICLES AIR TRAFFIC CONTROL LIGHT TACTICAL WHEELED VEHICLES ARMORED SYSTEMS MODERNIZATION ASM — ENG DEV NIGHT VISION SYSTEMS—ENG DEV FWS-S contract development excess to need Heads up display product development previously funded COMBAT FEEDING CLOTHING AND EQUIPMENT NON-SYSTEM TRAINING DEVICES—ENG DEV AIR DEFENSE COMMAND CONTROL AND INTELLIGENCE—ENG DEV Joint Counter-UAS Office acceleration Joint Counter-UAS Office SOCOM cUAS capabilitities for austere locations abroad CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT AUTOMATIC TEST EQUIPMENT DEVELOPMENT DISTRIBUTIVE INTERACTIVE SIMULATIONS DIS —ENG DEV BRILLIANT ANTI-ARMOR SUBMUNITION BAT COMBINED ARMS TACTICAL TRAINER CATT CORE BRIGADE ANALYSIS INTEGRATION AND EVALUATION WEAPONS AND MUNITIONS—ENG DEV LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV 194 excess support costs COMMAND CONTROL COMMUNICATIONS SYSTEMS—ENG DEV MEDICAL MATERIEL MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV LANDMINE WARFARE BARRIER—ENG DEV FY 2021 Request Conference Authorized 170 490 170 490 128 125 128 125 129 547 129 547 13 831 13 831 801 417 811 417 10 000 7 992 40 677 50 525 7 992 40 677 50 525 3 421 608 2 764 62 426 91 574 8 523 7 493 24 792 3 511 1 976 135 488 3 401 584 2 764 59 026 –3 400 89 770 2 000 –8 804 5 000 8 523 7 493 24 792 3 511 1 976 135 488 61 445 55 277 –5 000 –1 168 2 814 2 814 28 036 43 651 28 036 86 151 17 500 25 000 10 150 10 150 5 578 7 892 5 578 7 892 24 975 3 568 24 975 3 568 19 268 19 268 265 811 49 694 265 811 48 344 11 079 –1 350 11 079 49 870 49 870 9 589 9 589 H R 6395—1065 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line 143 Program Element 0604818A 144 145 0604820A 0604822A 146 0604823A 147 148 0604827A 0604852A 149 150 0604854A 0605013A 151 0605018A 152 0605028A 154 155 157 0605030A 0605031A 0605033A 159 0605035A 161 0605038A 162 0605041A 163 0605042A 164 166 167 0605047A 0605051A 0605052A 168 169 170 0605053A 0605054A 0605145A 171 0605203A 172 0605205A 174 175 0605450A 0605457A 176 0605625A 177 178 0605766A 0605812A 179 180 183 0605830A 0303032A 0304270A Item ARMY TACTICAL COMMAND CONTROL HARDWARE SOFTWARE Command post integrated infrastructure contract delay Rephasing of MCE v3 2 development TROPO IOT E funded ahead of need RADAR DEVELOPMENT GENERAL FUND ENTERPRISE BUSINESS SYSTEM GFEBS FIREFINDER Prior year carry-over SOLDIER SYSTEMS—WARRIOR DEM VAL SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD Prior year carry-over Program increase for vehicle protection systems ARTILLERY SYSTEMS—EMD INFORMATION TECHNOLOGY DEVELOPMENT FL9 unjustified request FM7 HRC core IT schedule discrepancy FM8 ATIS release 2 ahead of need INTEGRATED PERSONNEL AND PAY SYSTEMARMY IPPS-A ARMORED MULTI-PURPOSE VEHICLE AMPV Army identified funds excess to need Test delays JOINT TACTICAL NETWORK CENTER JTNC JOINT TACTICAL NETWORK JTN GROUND-BASED OPERATIONAL SURVEILLANCE SYSTEM—EXPEDITIONARY GBOSS-E COMMON INFRARED COUNTERMEASURES CIRCM AI virtual training environments NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE NBCRV SENSOR SUITE DEFENSIVE CYBER TOOL DEVELOPMENT Army Cyber SU program TACTICAL NETWORK RADIO SYSTEMS LOWTIER Testing unjustified request CONTRACT WRITING SYSTEM AIRCRAFT SURVIVABILITY DEVELOPMENT INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 Army identified funds excess to need GROUND ROBOTICS EMERGING TECHNOLOGY INITIATIVES MEDICAL PRODUCTS AND SUPPORT SYSTEMS DEVELOPMENT ARMY SYSTEM DEVELOPMENT DEMONSTRATION SMALL UNMANNED AERIAL VEHICLE SUAV 6 5 JOINT AIR-TO-GROUND MISSILE JAGM ARMY INTEGRATED AIR AND MISSILE DEFENSE AIAMD MANNED GROUND VEHICLE Army identified funds excess to need NATIONAL CAPABILITIES INTEGRATION MIP JOINT LIGHT TACTICAL VEHICLE JLTV ENGINEERING AND MANUFACTURING DEVELOPMENT PH AVIATION GROUND SUPPORT EQUIPMENT TROJAN—RH12 ELECTRONIC WARFARE DEVELOPMENT FY 2021 Request 162 513 Conference Authorized 140 674 –10 000 109 259 21 201 20 008 6 534 82 459 11 611 142 678 115 286 96 594 –7 909 –3 930 109 259 21 201 16 808 –3 200 6 534 124 380 –5 079 47 000 11 611 124 612 –5 987 –8 915 –3 164 115 286 16 264 31 696 5 976 76 594 –12 000 –8 000 16 264 31 696 5 976 23 321 28 321 4 846 5 000 4 846 28 544 28 178 16 544 –12 000 22 157 22 860 35 893 235 770 –6 021 22 860 35 893 188 008 13 710 294 739 954 –47 762 13 710 294 739 954 150 201 150 201 5 999 5 999 8 891 193 929 8 891 193 929 327 732 7 670 1 742 244 500 –83 232 7 670 1 742 1 467 3 451 55 855 1 467 3 451 55 855 H R 6395—1066 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element SUBTOTAL SYSTEM DEMONSTRATION 185 186 187 0604256A 0604258A 0604759A 188 189 190 192 0605103A 0605301A 0605326A 0605601A 193 0605602A 194 195 196 0605604A 0605606A 0605702A 197 198 199 200 201 0605706A 0605709A 0605712A 0605716A 0605718A 202 203 204 0605801A 0605803A 0605805A 205 0605857A 206 0605898A 208 0606002A 209 0606003A 210 211 0606105A 0606942A 214 216 217 0603778A 0605024A 0607131A 219 0607134A 221 0607136A 222 0607137A 224 0607139A 225 0607142A 226 0607143A FY 2021 Request Item DEVELOPMENT MANAGEMENT SUPPORT THREAT SIMULATOR DEVELOPMENT TARGET SYSTEMS DEVELOPMENT MAJOR T E INVESTMENT Program increase RAND ARROYO CENTER ARMY KWAJALEIN ATOLL CONCEPTS EXPERIMENTATION PROGRAM ARMY TEST RANGES AND FACILITIES Program increase—Army directed energy T E ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS SURVIVABILITY LETHALITY ANALYSIS AIRCRAFT CERTIFICATION METEOROLOGICAL SUPPORT TO RDT E ACTIVITIES MATERIEL SYSTEMS ANALYSIS EXPLOITATION OF FOREIGN ITEMS SUPPORT OF OPERATIONAL TESTING ARMY EVALUATION CENTER ARMY MODELING SIM X-CMD COLLABORATION INTEG PROGRAMWIDE ACTIVITIES TECHNICAL INFORMATION ACTIVITIES MUNITIONS STANDARDIZATION EFFECTIVENESS AND SAFETY Conventional ammunition demilitarization carryover Development of polymer-cased ammunition Manufacturing technology for industrial base transformation carryover Program acceleration ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT ARMY DIRECT REPORT HEADQUARTERS—R D - MHA RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE COUNTERINTEL AND HUMAN INTEL MODERNIZATION MEDICAL PROGRAM-WIDE ACTIVITIES ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES SUBTOTAL MANAGEMENT SUPPORT OPERATIONAL SYSTEMS DEVELOPMENT MLRS PRODUCT IMPROVEMENT PROGRAM ANTI-TAMPER TECHNOLOGY SUPPORT WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS LONG RANGE PRECISION FIRES LRPF Program reduction BLACKHAWK PRODUCT IMPROVEMENT PROGRAM CHINOOK PRODUCT IMPROVEMENT PROGRAM Carbon composite materials for wheels and brakes IMPROVED TURBINE ENGINE PROGRAM Unjustified matrixed engineering support growth AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS 3 199 798 14 515 10 668 106 270 Conference Authorized 3 064 377 48 475 14 515 10 668 111 270 5 000 13 481 231 824 54 898 365 359 15 000 48 475 36 001 2 736 6 488 36 001 2 736 6 488 21 859 7 936 54 470 63 141 2 572 21 859 7 936 54 470 63 141 2 572 87 472 26 244 40 133 87 472 26 244 47 500 13 481 231 824 54 898 350 359 –1 633 5 000 –1 000 1 780 5 000 1 780 55 045 55 045 71 306 71 306 1 063 1 063 19 891 4 496 19 891 4 496 1 333 123 1 360 490 10 157 8 682 20 409 10 157 8 682 20 409 122 733 107 733 –15 000 11 236 11 236 46 091 51 091 5 000 249 257 245 509 –3 748 17 155 17 155 7 743 7 743 H R 6395—1067 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 227 228 229 230 231 232 0607145A 0607150A 0607312A 0607665A 0607865A 0203728A 233 0203735A 234 0203743A 235 0203744A 236 0203752A 237 238 0203758A 0203801A 239 0203802A 243 0205412A 244 0205456A 245 0205778A 246 249 250 251 256 257 258 259 0208053A 0303140A 0303141A 0303142A 0305179A 0305204A 0305206A 0305208A 264 0708045A 266A 267 9999999999 0608041A Item APACHE FUTURE DEVELOPMENT INTEL CYBER DEVELOPMENT ARMY OPERATIONAL SYSTEMS DEVELOPMENT FAMILY OF BIOMETRICS PATRIOT PRODUCT IMPROVEMENT JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM JADOCS COMBAT VEHICLE IMPROVEMENT PROGRAMS Bradley excess carryover CROWS-J program delay 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS Army identified as excess to need Prior year carry-over AIRCRAFT MODIFICATIONS PRODUCT IMPROVEMENT PROGRAMS AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM DIGITIZATION MISSILE AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS Program decrease ENVIRONMENTAL QUALITY TECHNOLOGY— OPERATIONAL SYSTEM DEV LOWER TIER AIR AND MISSILE DEFENSE AMD SYSTEM GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM GMLRS JOINT TACTICAL GROUND SYSTEM INFORMATION SYSTEMS SECURITY PROGRAM GLOBAL COMBAT SUPPORT SYSTEM SATCOM GROUND ENVIRONMENT SPACE INTEGRATED BROADCAST SERVICE IBS TACTICAL UNMANNED AERIAL VEHICLES AIRBORNE RECONNAISSANCE SYSTEMS DISTRIBUTED COMMON GROUND SURFACE SYSTEMS END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES Functional fabrics manufacturing Nanoscale materials manufacturing Tungsten manufacturing for armanents CLASSIFIED PROGRAMS SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS UNDISTRIBUTED DEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT Army-requested transfer from Other Procurement Army line 53 for program management SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS SUBTOTAL UNDISTRIBUTED TOTAL RESEARCH DEVELOPMENT TEST EVAL ARMY 001 0601103N RESEARCH DEVELOPMENT TEST EVAL NAVY BASIC RESEARCH UNIVERSITY RESEARCH INITIATIVES FY 2021 Request Conference Authorized 77 177 14 652 35 851 1 324 187 840 44 691 77 177 14 652 35 851 1 324 187 840 44 691 268 919 427 254 260 252 –3 000 –5 667 290 963 11 688 –130 000 –6 291 11 688 80 80 4 516 1 288 4 516 1 288 79 424 19 424 259 –60 000 259 166 166 75 575 75 575 9 510 29 270 86 908 18 684 467 4 051 13 283 47 204 9 510 29 270 86 908 18 684 467 4 051 13 283 47 204 61 012 78 512 3 983 1 998 539 46 445 7 500 5 000 5 000 3 983 1 797 333 58 445 12 000 46 445 58 445 12 000 12 587 343 12 478 059 116 816 126 816 H R 6395—1068 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 002 0601152N 003 0601153N 004 005 0602114N 0602123N 006 0602131M 007 008 0602235N 0602236N 009 0602271N 010 0602435N 011 0602651M 012 0602747N 013 0602750N 014 0602782N 015 0602792N 016 0602861N 017 0603123N 018 0603271N 019 0603640M 020 0603651M 021 0603673N 022 023 0603680N 0603729N Item Defense University Research and Instrumentation Program Program increase IN-HOUSE LABORATORY INDEPENDENT RESEARCH DEFENSE RESEARCH SCIENCES Increase in basic research Predictive modeling for undersea vehicles SUBTOTAL BASIC RESEARCH APPLIED RESEARCH POWER PROJECTION APPLIED RESEARCH FORCE PROTECTION APPLIED RESEARCH Additive manufacturing of unmanned maritime systems Direct Air Capture and Blue Carbon Removal Technology Program Talent and technology for power and energy systems MARINE CORPS LANDING FORCE TECHNOLOGY Unmanned logistics solutions COMMON PICTURE APPLIED RESEARCH WARFIGHTER SUSTAINMENT APPLIED RESEARCH Humanoid robotics research Social networks and computational social science ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH Extreme weather events research Program increase JOINT NON-LETHAL WEAPONS APPLIED RESEARCH UNDERSEA WARFARE APPLIED RESEARCH Academic partnerships for undersea vehicle research Autonomous undersea robotics FUTURE NAVAL CAPABILITIES APPLIED RESEARCH MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH INNOVATIVE NAVAL PROTOTYPES INP APPLIED RESEARCH Thermoplastic materials SCIENCE AND TECHNOLOGY MANAGEMENT— ONR FIELD ACITIVITIES SUBTOTAL APPLIED RESEARCH ADVANCED TECHNOLOGY DEVELOPMENT FORCE PROTECTION ADVANCED TECHNOLOGY ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY USMC ADVANCED TECHNOLOGY DEMONSTRATION ATD JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT C-ENCAP program delays MANUFACTURING TECHNOLOGY PROGRAM WARFIGHTER PROTECTION ADVANCED TECHNOLOGY FY 2021 Request Conference Authorized 5 000 19 113 467 158 603 087 17 792 122 281 5 000 19 113 479 158 10 000 2 000 625 087 17 792 141 281 5 000 9 000 5 000 50 623 55 623 48 001 67 765 5 000 48 001 74 765 5 000 2 000 84 994 84 994 63 392 73 392 6 343 5 000 5 000 6 343 56 397 76 397 10 000 167 590 10 000 167 590 30 715 30 715 160 537 167 837 76 745 7 300 76 745 953 175 1 021 475 24 410 24 410 8 008 8 008 219 045 219 045 13 301 13 301 246 054 242 365 60 122 4 851 –3 689 60 122 4 851 H R 6395—1069 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 024 0603758N 025 0603782N 026 0603801N 027 0603178N 028 029 030 031 032 033 034 0603207N 0603216N 0603239N 0603251N 0603254N 0603261N 0603382N 035 0603502N 036 037 038 0603506N 0603512N 0603525N 039 040 041 042 043 0603527N 0603536N 0603542N 0603553N 0603561N 044 045 0603562N 0603563N 046 0603564N 047 048 0603570N 0603573N 049 050 051 052 053 054 055 056 0603576N 0603581N 0603582N 0603595N 0603596N 0603597N 0603599N 0603609N Item NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY INNOVATIVE NAVAL PROTOTYPES INP ADVANCED TECHNOLOGY DEVELOPMENT Accelerated railgun technology maturation SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ADVANCED COMPONENT DEVELOPMENT PROTOTYPES MEDIUM AND LARGE UNMANNED SURFACE VEHICLES USVS LUSV additional prototypes Unmanned surface vehicle enabling capabilities—payload program reduction AIR OCEAN TACTICAL APPLICATIONS AVIATION SURVIVABILITY ISO NAVAL CONSTRUCTION FORCES AIRCRAFT SYSTEMS ASW SYSTEMS DEVELOPMENT TACTICAL AIRBORNE RECONNAISSANCE ADVANCED COMBAT SYSTEMS TECHNOLOGY Project 3416 HIJENKS insufficient schedule justification SURFACE AND SHALLOW WATER MINE COUNTERMEASURES Project 2989 Barracuda program delay SURFACE SHIP TORPEDO DEFENSE CARRIER SYSTEMS DEVELOPMENT PILOT FISH Excess cost growth Program adjustment RETRACT LARCH RETRACT JUNIPER RADIOLOGICAL CONTROL SURFACE ASW ADVANCED SUBMARINE SYSTEM DEVELOPMENT Project 9710 unjustified new start SUBMARINE TACTICAL WARFARE SYSTEMS SHIP CONCEPT ADVANCED DESIGN Polymorphic build farm for open source technologies Project 4044 Medium amphibious ship early to need Project 4045 Medium logistics ship early to need SHIP PRELIMINARY DESIGN FEASIBILITY STUDIES Project 0411 Preliminary design early to need Project 0411 Requirements and concept analysis excess growth ADVANCED NUCLEAR POWER SYSTEMS ADVANCED SURFACE MACHINERY SYSTEMS Accelerate qualification of silicon carbide power modules Power and energy systems contract award delay CHALK EAGLE LITTORAL COMBAT SHIP LCS COMBAT SYSTEM INTEGRATION OHIO REPLACEMENT LCS MISSION MODULES AUTOMATED TEST AND ANALYSIS FRIGATE DEVELOPMENT CONVENTIONAL MUNITIONS FY 2021 Request Conference Authorized 40 709 40 709 1 948 1 948 141 948 161 948 760 396 20 000 776 707 464 042 259 242 –159 300 –45 500 35 386 13 428 2 350 418 15 719 3 411 70 218 35 386 13 428 2 350 418 15 719 3 411 63 218 –7 000 52 358 47 808 12 816 7 559 358 757 12 562 148 000 778 1 161 185 356 10 528 126 396 –4 550 12 816 7 559 278 557 –25 000 –55 200 12 562 148 000 778 1 161 157 926 –27 430 10 528 111 396 5 000 –10 000 –10 000 70 270 36 970 –17 100 –16 200 149 188 38 449 71 181 32 178 17 843 317 196 67 875 4 797 82 309 9 922 149 188 45 449 7 500 –500 71 181 32 178 17 843 317 196 67 875 4 797 82 309 9 922 H R 6395—1070 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 057 0603635M 058 0603654N 059 0603713N 060 061 062 063 0603721N 0603724N 0603725N 0603734N 064 065 0603739N 0603746N 066 0603748N 067 068 0603751N 0603764M 070 071 072 073 0603790N 0603795N 0603851M 0603860N 074 0603925N 075 076 0604014N 0604027N 077 0604028N 078 0604029N 079 0604030N 080 0604031N 081 0604112N 082 083 084 0604126N 0604127N 0604272N 086 087 088 089 0604292N 0604320M 0604454N 0604536N 090 0604636N 091 0604659N 092 0604707N Item MARINE CORPS GROUND COMBAT SUPPORT SYSTEM Program delay JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT ENVIRONMENTAL PROTECTION NAVY ENERGY PROGRAM FACILITIES IMPROVEMENT CHALK CORAL Excess cost growth NAVY LOGISTIC PRODUCTIVITY RETRACT MAPLE Program adjustment LINK PLUMERIA Program adjustment RETRACT ELM LINK EVERGREEN Program adjustment NATO RESEARCH AND DEVELOPMENT LAND ATTACK TECHNOLOGY JOINT NON-LETHAL WEAPONS TESTING JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM VAL DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS F A –18 INFRARED SEARCH AND TRACK IRST DIGITAL WARFARE OFFICE Project 3255 excess growth Project 3425 excess growth SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES Small unmanned underwater vehicles concurrency UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES RAPID PROTOTYPING EXPERIMENTATION AND DEMONSTRATION LARGE UNMANNED UNDERSEA VEHICLES Early to need phase 1 results needed first GERALD R FORD CLASS NUCLEAR AIRCRAFT CARRIER CVN 78—80 LITTORAL AIRBORNE MCM SURFACE MINE COUNTERMEASURES TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES TADIRCM DAIRCM hardware development contract award delay FUTURE VERTICAL LIFT MARITIME STRIKE RAPID TECHNOLOGY CAPABILITY PROTOTYPE LX R ADVANCED UNDERSEA PROTOTYPING Excess scope adjustments COUNTER UNMANNED AIRCRAFT SYSTEMS CUAS System development excess growth PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM CPGS initial integration efforts—transfer to line 165 Lack of hypersonic prototyping coordination Project 3334 Excess Virginia-class CPS modification and installation costs SPACE AND ELECTRONIC WARFARE SEW ARCHITECTURE ENGINEERING SUPPORT FY 2021 Request Conference Authorized 189 603 182 603 43 084 –7 000 43 084 6 346 6 346 20 601 23 422 4 664 545 763 6 880 10 578 28 435 33 612 20 601 23 422 4 664 473 763 –72 000 3 884 348 690 –4 536 497 388 –47 000 86 730 231 770 –4 464 6 880 10 578 28 435 33 612 128 845 128 845 84 190 54 699 84 190 37 998 –9 979 –6 722 52 020 3 884 353 226 544 388 86 730 236 234 53 942 –1 922 40 060 40 060 12 100 12 100 78 122 107 895 45 557 –32 565 107 895 17 366 18 754 59 776 17 366 18 754 52 026 –7 750 5 097 3 664 10 203 115 858 14 259 5 097 3 664 10 203 92 602 –23 256 9 628 1 102 387 –4 631 1 030 387 –15 000 –5 000 –52 000 7 657 7 657 H R 6395—1071 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line 093 Program Element 0604786N 094 095 0303354N 0304240M 097 0304270N 098 099 100 101 102 0603208N 0604212N 0604214M 0604215N 0604216N 104 105 106 107 0604221N 0604230N 0604231N 0604234N 108 109 110 111 112 113 114 115 116 0604245M 0604261N 0604262N 0604264N 0604269N 0604270N 0604273M 0604274N 0604280N 117 0604282N 118 0604307N 119 120 121 0604311N 0604329N 0604366N 122 123 0604373N 0604378N 124 0604419N 125 0604501N 126 127 128 129 130 0604503N 0604504N 0604512N 0604518N 0604522N 131 132 133 134 0604530N 0604558N 0604562N 0604567N Item OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT LRASM funds—Navy requested transfer from line 141 ASW SYSTEMS DEVELOPMENT—MIP ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM K-MAX ELECTRONIC WARFARE DEVELOPMENT—MIP SUBTOTAL ADVANCED COMPONENT DEVELOPMENT PROTOTYPES SYSTEM DEVELOPMENT DEMONSTRATION TRAINING SYSTEM AIRCRAFT OTHER HELO DEVELOPMENT AV–8B AIRCRAFT—ENG DEV STANDARDS DEVELOPMENT MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT P–3 MODERNIZATION PROGRAM WARFARE SUPPORT SYSTEM TACTICAL COMMAND SYSTEM ADVANCED HAWKEYE Sensors excess growth H–1 UPGRADES ACOUSTIC SEARCH SENSORS V–22A AIR CREW SYSTEMS DEVELOPMENT EA–18 ELECTRONIC WARFARE DEVELOPMENT EXECUTIVE HELO DEVELOPMENT NEXT GENERATION JAMMER NGJ JOINT TACTICAL RADIO SYSTEM—NAVY JTRSNAVY NEXT GENERATION JAMMER NGJ INCREMENT II SURFACE COMBATANT COMBAT SYSTEM ENGINEERING Aegis development support excess growth Capability upgrades unjustified growth LPD–17 CLASS SYSTEMS INTEGRATION SMALL DIAMETER BOMB SDB STANDARD MISSILE IMPROVEMENTS SM–6 Block IB mission integration development and operational test SM–6 excessive cost growth program accountability AIRBORNE MCM NAVAL INTEGRATED FIRE CONTROL— COUNTER AIR SYSTEMS ENGINEERING ADVANCED SENSORS APPLICATION PROGRAM ASAP ADVANCED ABOVE WATER SENSORS Shipboard passive EO IR development concurrency SSN–688 AND TRIDENT MODERNIZATION AIR CONTROL SHIPBOARD AVIATION SYSTEMS COMBAT INFORMATION CENTER CONVERSION AIR AND MISSILE DEFENSE RADAR AMDR SYSTEM ADVANCED ARRESTING GEAR AAG NEW DESIGN SSN SUBMARINE TACTICAL WARFARE SYSTEM SHIP CONTRACT DESIGN LIVE FIRE T E Advanced Degaussing System FY 2021 Request 35 750 Conference Authorized 46 750 11 000 9 151 22 589 809 6 503 074 9 151 29 589 7 000 809 5 861 969 4 332 18 133 20 054 4 237 27 340 4 332 18 133 20 054 4 237 27 340 606 9 065 97 968 309 373 62 310 47 182 132 624 21 445 106 134 134 194 99 321 477 680 232 818 606 9 065 97 968 292 175 –17 198 62 310 47 182 132 624 21 445 106 134 134 194 99 321 477 680 232 818 170 039 170 039 403 712 375 853 945 62 488 386 225 –7 159 –20 700 945 62 488 340 825 –18 400 –27 000 10 909 44 548 10 909 44 548 13 673 13 673 87 809 71 449 –16 360 93 097 38 863 9 593 12 718 78 319 93 097 38 863 9 593 12 718 78 319 65 834 259 443 63 878 51 853 65 834 259 443 63 878 58 853 7 000 H R 6395—1072 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 135 136 0604574N 0604601N 137 0604610N 138 0604654N 139 0604657M 140 0604703N 141 0604727N 142 143 144 145 146 0604755N 0604756N 0604757N 0604761N 0604771N 147 148 149 150 151 152 0604777N 0604800M 0604800N 0604850N 0605013M 0605013N 153 154 155 156 157 158 159 160 161 162 0605024N 0605212M 0605215N 0605217N 0605220N 0605327N 0605414N 0605450M 0605500N 0605504N 163 0605611M 164 0605813M 165 0204202N 169 170 0304785N 0306250M 171 172 173 175 176 179 180 0604256N 0604258N 0604759N 0605152N 0605154N 0605804N 0605853N 181 183 0605856N 0605863N Item NAVY TACTICAL COMPUTER RESOURCES MINE DEVELOPMENT Encapsulate effector program delays Historical underexecution LIGHTWEIGHT TORPEDO DEVELOPMENT Advanced anti-submarine lightweight torpedo program delays JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT USMC GROUND COMBAT SUPPORTING ARMS SYSTEMS—ENG DEV PERSONNEL TRAINING SIMULATION AND HUMAN FACTORS JOINT STANDOFF WEAPON SYSTEMS LRASM funds—Navy requested transfer to line 93 SHIP SELF DEFENSE DETECT CONTROL SHIP SELF DEFENSE ENGAGE HARD KILL SHIP SELF DEFENSE ENGAGE SOFT KILL EW INTELLIGENCE ENGINEERING MEDICAL DEVELOPMENT Autonomous aerial distributed logistics ETEC disease research NAVIGATION ID SYSTEM JOINT STRIKE FIGHTER JSF —EMD JOINT STRIKE FIGHTER JSF —EMD SSN X INFORMATION TECHNOLOGY DEVELOPMENT INFORMATION TECHNOLOGY DEVELOPMENT Historical underexecution NMMES-TR contract delays NMMES-TR excess support growth ANTI-TAMPER TECHNOLOGY SUPPORT CH–53K RDTE MISSION PLANNING COMMON AVIONICS SHIP TO SHORE CONNECTOR SSC T-AO 205 CLASS UNMANNED CARRIER AVIATION UCA JOINT AIR-TO-GROUND MISSILE JAGM MULTI-MISSION MARITIME AIRCRAFT MMA MULTI-MISSION MARITIME MMA INCREMENT III MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT DEMONSTRATION JOINT LIGHT TACTICAL VEHICLE JLTV SYSTEM DEVELOPMENT DEMONSTRATION DDG–1000 CPGS initial integration efforts transfer from line 91 TACTICAL CRYPTOLOGIC SYSTEMS CYBER OPERATIONS TECHNOLOGY DEVELOPMENT SUBTOTAL SYSTEM DEVELOPMENT DEMONSTRATION MANAGEMENT SUPPORT THREAT SIMULATOR DEVELOPMENT TARGET SYSTEMS DEVELOPMENT MAJOR T E INVESTMENT STUDIES AND ANALYSIS SUPPORT—NAVY CENTER FOR NAVAL ANALYSES TECHNICAL INFORMATION SERVICES MANAGEMENT TECHNICAL INTERNATIONAL SUPPORT STRATEGIC TECHNICAL SUPPORT RDT E SHIP AND AIRCRAFT SUPPORT FY 2021 Request 3 853 92 607 146 012 Conference Authorized 3 853 83 505 –7 402 –1 700 124 250 –21 762 8 383 8 383 33 784 33 784 8 599 8 599 73 744 62 744 –11 000 157 490 121 761 89 373 15 716 2 120 7 810 406 406 86 134 54 540 5 155 5 148 266 970 12 713 24 424 182 870 157 490 121 761 89 373 15 716 19 620 7 500 10 000 50 180 561 250 1 000 974 330 431 –12 972 –6 308 –6 462 7 810 406 406 86 134 54 540 5 155 5 148 266 970 12 713 24 424 182 870 41 775 41 775 2 541 2 541 50 180 561 250 1 000 974 356 173 208 448 223 448 15 000 111 434 26 173 111 434 26 173 6 263 883 6 128 960 22 075 10 224 85 195 3 089 43 517 932 94 297 22 075 10 224 85 195 3 089 43 517 932 94 297 3 813 104 822 3 813 104 822 H R 6395—1073 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 184 0605864N 185 0605865N 186 0605866N 187 0605867N 188 189 190 193 194 0605873M 0605898N 0606355N 0305327N 0902498N 199 200 201 202 0604227N 0604840M 0604840N 0607658N 204 0101221N 205 206 0101224N 0101226N 207 208 0101402N 0204136N 210 211 0204228N 0204229N 212 0204311N 213 214 0204313N 0204413N 215 216 0204460M 0204571N 218 0204575N 219 221 0205601N 0205620N 222 0205632N 223 224 225 226 0205633N 0205675N 0206313M 0206335M 227 0206623M 228 229 0206624M 0206625M 230 231 232 0206629M 0207161N 0207163N 236 0303109N Item TEST AND EVALUATION SUPPORT Navy requested transfer to OM N line BSM1 OPERATIONAL TEST AND EVALUATION CAPABILITY NAVY SPACE AND ELECTRONIC WARFARE SEW SUPPORT SEW SURVEILLANCE RECONNAISSANCE SUPPORT MARINE CORPS PROGRAM WIDE SUPPORT MANAGEMENT HQ—R D WARFARE INNOVATION MANAGEMENT INSIDER THREAT MANAGEMENT HEADQUARTERS DEPARTMENTAL SUPPORT ACTIVITIES SUBTOTAL MANAGEMENT SUPPORT OPERATIONAL SYSTEMS DEVELOPMENT HARPOON MODIFICATIONS F–35 C2D2 F–35 C2D2 COOPERATIVE ENGAGEMENT CAPABILITY CEC STRATEGIC SUB WEAPONS SYSTEM SUPPORT SSBN SECURITY TECHNOLOGY PROGRAM SUBMARINE ACOUSTIC WARFARE DEVELOPMENT Compact rapid attack weapon concurrency Next-generation countermeasure acoustic device NAVY STRATEGIC COMMUNICATIONS F A–18 SQUADRONS Jet noise reduction SURFACE SUPPORT TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER TMPC INTEGRATED SURVEILLANCE SYSTEM Accelerate sensor and signal processing development SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS AMPHIBIOUS TACTICAL SUPPORT UNITS DISPLACEMENT CRAFT GROUND AIR TASK ORIENTED RADAR G ATOR CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT ELECTRONIC WARFARE EW READINESS SUPPORT Project 2263 Unjustified growth HARM IMPROVEMENT SURFACE ASW COMBAT SYSTEM INTEGRATION MK–48 ADCAP APB 7 development early to need AVIATION IMPROVEMENTS OPERATIONAL NUCLEAR POWER SYSTEMS MARINE CORPS COMMUNICATIONS SYSTEMS COMMON AVIATION COMMAND AND CONTROL SYSTEM CAC2S MARINE CORPS GROUND COMBAT SUPPORTING ARMS SYSTEMS MARINE CORPS COMBAT SERVICES SUPPORT USMC INTELLIGENCE ELECTRONIC WARFARE SYSTEMS MIP AMPHIBIOUS ASSAULT VEHICLE TACTICAL AIM MISSILES ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE AMRAAM SATELLITE COMMUNICATIONS SPACE FY 2021 Request 446 960 Conference Authorized 27 241 419 212 –27 748 27 241 15 787 15 787 8 559 8 559 42 749 41 094 37 022 2 310 1 536 42 749 41 094 37 022 2 310 1 536 991 222 963 474 697 379 549 413 875 143 667 697 379 549 413 875 143 667 173 056 173 056 45 970 69 190 45 970 61 813 42 277 171 030 33 482 200 308 –12 377 5 000 42 277 175 030 4 000 33 482 200 308 102 975 115 475 12 500 10 873 1 713 10 873 1 713 22 205 83 956 22 205 83 956 56 791 50 905 146 166 29 348 –5 886 146 166 29 348 110 349 133 953 110 313 207 662 4 406 108 209 –2 140 133 953 110 313 207 662 4 406 61 381 61 381 10 421 29 977 10 421 29 977 6 469 5 859 44 323 6 469 5 859 44 323 41 978 46 978 H R 6395—1074 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 237 0303138N 238 239 0303140N 0305192N 240 241 242 0305204N 0305205N 0305208M 244 245 246 247 248 249 0305220N 0305231N 0305232M 0305234N 0305239M 0305241N 250 0305242M 251 0305251N 252 253 254 255 256 257 0305421N 0307577N 0308601N 0702207N 0708730N 1203109N 257A 9999999999 258 0608013N 259 0608231N Item Interference mitigation technology test and verification CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES CANES INFORMATION SYSTEMS SECURITY PROGRAM MILITARY INTELLIGENCE PROGRAM MIP ACTIVITIES TACTICAL UNMANNED AERIAL VEHICLES UAS INTEGRATION AND INTEROPERABILITY DISTRIBUTED COMMON GROUND SURFACE SYSTEMS MQ–4C TRITON MQ–8 UAV RQ–11 UAV SMALL LEVEL 0 TACTICAL UAS STUASL0 RQ–21A MULTI-INTELLIGENCE SENSOR DEVELOPMENT UNMANNED AERIAL SYSTEMS UAS PAYLOADS MIP CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT RQ–4 MODERNIZATION INTELLIGENCE MISSION DATA IMD MODELING AND SIMULATION SUPPORT DEPOT MAINTENANCE NON-IF MARITIME TECHNOLOGY MARITECH SATELLITE COMMUNICATIONS SPACE MUOS historical underexecution CLASSIFIED PROGRAMS SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS UNDISTRIBUTED RISK MANAGEMENT INFORMATION—SOFTWARE PILOT PROGRAM MARITIME TACTICAL COMMAND AND CONTROL MTC2 —SOFTWARE PILOT PROGRAM SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS TOTAL RESEARCH DEVELOPMENT TEST EVAL NAVY 001 0601102F 002 0601103F 003 0601108F 004 0602020F 005 0602102F RESEARCH DEVELOPMENT TEST EVAL AF BASIC RESEARCH DEFENSE RESEARCH SCIENCES Increase in basic research UNIVERSITY RESEARCH INITIATIVES Program increase Solar block research HIGH ENERGY LASER RESEARCH INITIATIVES SUBTOTAL BASIC RESEARCH APPLIED RESEARCH FUTURE AF CAPABILITIES APPLIED RESEARCH MATERIALS Advanced materials manufacturing flexible biosensors High-energy synchotron x-ray program Materials maturation for high mach systems Qualification of additive manufacturing processes FY 2021 Request Conference Authorized 5 000 29 684 29 684 39 094 6 154 39 094 6 154 7 108 62 098 21 500 7 108 62 098 21 500 11 120 28 968 537 8 773 10 853 60 413 11 120 28 968 537 8 773 10 853 60 413 5 000 5 000 34 967 34 967 178 799 2 120 8 683 45 168 6 697 70 056 1 795 032 5 327 043 178 799 2 120 8 683 45 168 6 697 67 665 –2 391 1 795 032 5 330 749 14 300 14 300 10 868 10 868 25 168 25 168 21 427 048 20 733 589 315 348 15 085 492 294 325 348 10 000 171 861 5 000 5 000 15 085 512 294 100 000 100 000 140 781 162 781 5 000 161 861 5 000 5 000 2 000 H R 6395—1075 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 006 0602201F 007 008 0602202F 0602203F 009 0602204F 011 0602298F 012 013 014 0602602F 0602605F 0602788F 015 0602890F 017 0603030F 018 0603032F 019 0603033F 020 0603034F 021 0603035F 022 0603112F 023 0603199F 024 0603203F 025 0603211F Item Thermal protection systems AEROSPACE VEHICLE TECHNOLOGIES Advanced batteries for directed energy High speed expendable turbine development Hypersonic materials Secure unmanned aerial vehicles Transfer to line 8 HUMAN EFFECTIVENESS APPLIED RESEARCH AEROSPACE PROPULSION Transfer from line 6 AEROSPACE SENSORS National Center for Hardware and Embedded Systems Security and Trust SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR HEADQUARTERS ACTIVITIES CONVENTIONAL MUNITIONS DIRECTED ENERGY TECHNOLOGY DOMINANT INFORMATION SCIENCES AND METHODS Quantum Innovation Center Quantum network testbed Trusted UAS traffic management and C-UAS testbed HIGH ENERGY LASER RESEARCH SUBTOTAL APPLIED RESEARCH ADVANCED TECHNOLOGY DEVELOPMENT AF FOUNDATIONAL DEVELOPMENT DEMOS Transfer to line 22 Transfer to line 23 Transfer to line 30 Transfer to line 33 FUTURE AF INTEGRATED TECHNOLOGY DEMOS Inappropriate use of S T funds for Golden Horde demonstration validation Transfer to line 25 Transfer to line 27 Transfer to line 31 NEXT GEN PLATFORM DEV DEMO Transfer to line 25 Transfer to line 26 Transfer to line 28 PERSISTENT KNOWLEDGE AWARENESS C2 TECH Transfer to line 24 Transfer to line 27 Transfer to line 29 Transfer to line 30 Transfer to line 34 NEXT GEN EFFECTS DEV DEMOS Transfer to line 27 Transfer to line 31 Transfer to line 32 Transfer to line 34 ADVANCED MATERIALS FOR WEAPON SYSTEMS Metals affordability research Transfer from line 17 SUSTAINMENT SCIENCE AND TECHNOLOGY S T Transfer from line 17 ADVANCED AEROSPACE SENSORS Transfer from line 20 AEROSPACE TECHNOLOGY DEV DEMO Transfer from line 18 Transfer from line 19 FY 2021 Request 349 225 115 222 211 301 Conference Authorized 5 000 175 472 5 000 4 000 4 000 10 000 –196 753 115 222 196 753 196 753 214 301 3 000 8 926 8 926 132 425 128 113 178 668 132 425 128 113 203 668 5 000 10 000 10 000 45 088 1 409 749 103 280 157 619 45 088 1 482 749 0 –35 169 –16 933 –10 777 –40 401 –30 000 –50 000 199 556 102 276 215 817 –40 900 –24 632 –72 087 0 –37 230 –105 058 –57 268 0 –35 338 –4 699 –12 090 –20 948 –29 201 0 –31 207 –134 145 –31 445 –19 020 45 169 10 000 35 169 16 933 16 933 35 338 35 338 78 130 40 900 37 230 H R 6395—1076 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line 026 Program Element 0603216F 027 0603270F 028 0603401F 029 0603444F 030 0603456F 031 0603601F 032 0603605F 033 0603680F 034 0603788F 038 039 040 041 0603260F 0603742F 0603790F 0603851F 043 044 0604002F 0604003F 045 0604004F 046 047 048 050 051 0604015F 0604032F 0604033F 0604257F 0604288F 052 053 0604317F 0604327F 054 055 0604414F 0604776F 056 0604858F 057 0605230F 059 0207110F Item AEROSPACE PROPULSION AND POWER TECHNOLOGY Propulsion technologies Transfer from line 19 ELECTRONIC COMBAT TECHNOLOGY Transfer from line 18 Transfer from line 20 Transfer from line 21 ADVANCED SPACECRAFT TECHNOLOGY Transfer from line 19 MAUI SPACE SURVEILLANCE SYSTEM MSSS Transfer from line 20 HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT Transfer from line 17 Transfer from line 20 CONVENTIONAL WEAPONS TECHNOLOGY Transfer from line 18 Transfer from line 21 ADVANCED WEAPONS TECHNOLOGY Transfer from line 21 MANUFACTURING TECHNOLOGY PROGRAM Technologies to repair fastener holes Transfer from line 17 BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION Transfer from line 20 Transfer from line 21 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ADVANCED COMPONENT DEVELOPMENT PROTOTYPES INTELLIGENCE ADVANCED DEVELOPMENT COMBAT IDENTIFICATION TECHNOLOGY NATO RESEARCH AND DEVELOPMENT INTERCONTINENTAL BALLISTIC MISSILE— DEM VAL AIR FORCE WEATHER SERVICES RESEARCH ADVANCED BATTLE MANAGEMENT SYSTEM ABMS Unjustified costs ADVANCED ENGINE DEVELOPMENT AETP program acceleration LONG RANGE STRIKE—BOMBER DIRECTED ENERGY PROTOTYPING HYPERSONICS PROTOTYPING ADVANCED TECHNOLOGY AND SENSORS NATIONAL AIRBORNE OPS CENTER NAOC RECAP TECHNOLOGY TRANSFER HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM HDBTDS PROGRAM CYBER RESILIENCY OF WEAPON SYSTEMS-ACS DEPLOYMENT DISTRIBUTION ENTERPRISE R D TECH TRANSITION PROGRAM Agile software development and operations Experimentation Initial polar SATCOM capability LCAAT program acceleration Prototyping—hold to FY2020 level Rapid repair of high performance materials GROUND BASED STRATEGIC DETERRENT Acquisition Strategy for planning and design NEXT GENERATION AIR DOMINANCE Forward financing of development efforts FY 2021 Request Conference Authorized 110 058 5 000 105 058 60 538 24 632 4 699 31 207 57 268 57 268 12 090 12 090 31 725 10 777 20 948 206 232 72 087 134 145 31 445 31 445 42 901 2 500 40 401 48 221 778 548 29 201 19 020 746 048 4 320 26 396 3 647 32 959 4 320 26 396 3 647 32 959 869 302 323 869 216 823 636 495 2 848 410 20 964 381 862 24 747 76 417 –85 500 666 495 30 000 2 848 410 20 964 381 862 24 747 76 417 3 011 52 921 3 011 52 921 69 783 25 835 69 783 25 835 219 252 1 524 759 1 044 089 278 452 4 500 –20 000 46 000 50 000 –27 300 6 000 1 509 759 –15 000 974 089 –70 000 H R 6395—1077 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 060 0207455F 061 062 063 0207522F 0208099F 0305236F 065 066 0305601F 0306250F 067 068 0306415F 0401310F 069 0901410F 074 1206427F 077 1206730F 082 0604200F 083 084 085 086 087 088 089 0604201F 0604222F 0604270F 0604281F 0604287F 0604329F 0604429F 090 091 092 093 094 095 096 097 0604602F 0604604F 0604617F 0604618F 0604706F 0604735F 0604800F 0604932F 098 100 102 103 105 106 107 0604933F 0605056F 0605223F 0605229F 0101125F 0207171F 0207328F 108 110 111 0207701F 0305176F 0401221F 113 114 115 116 0401319F 0701212F 0804772F 0901299F 131 132 0604256F 0604759F Item THREE DIMENSIONAL LONG-RANGE RADAR 3DELRR AIRBASE AIR DEFENSE SYSTEMS ABADS UNIFIED PLATFORM UP COMMON DATA LINK EXECUTIVE AGENT CDL EA MISSION PARTNER ENVIRONMENTS CYBER OPERATIONS TECHNOLOGY DEVELOPMENT ENABLED CYBER ACTIVITIES C–32 EXECUTIVE TRANSPORT RECAPITALIZATION AoA funding carryover CONTRACTING INFORMATION TECHNOLOGY SYSTEM SPACE SYSTEMS PROTOTYPE TRANSITIONS SSPT Transfer to RD SF line 6 SPACE SECURITY AND DEFENSE PROGRAM Transfer to RD SF line 11A SUBTOTAL ADVANCED COMPONENT DEVELOPMENT PROTOTYPES SYSTEM DEVELOPMENT DEMONSTRATION FUTURE ADVANCED WEAPON ANALYSIS PROGRAMS PNT RESILIENCY MODS AND IMPROVEMENTS NUCLEAR WEAPONS SUPPORT ELECTRONIC WARFARE DEVELOPMENT TACTICAL DATA NETWORKS ENTERPRISE PHYSICAL SECURITY EQUIPMENT SMALL DIAMETER BOMB SDB —EMD AIRBORNE ELECTRONIC ATTACK STiTCHES integration for USAFE PACAF interim capability ARMAMENT ORDNANCE DEVELOPMENT SUBMUNITIONS AGILE COMBAT SUPPORT JOINT DIRECT ATTACK MUNITION LIFE SUPPORT SYSTEMS COMBAT TRAINING RANGES F–35—EMD LONG RANGE STANDOFF WEAPON Acquisition strategy ICBM FUZE MODERNIZATION OPEN ARCHITECTURE MANAGEMENT ADVANCED PILOT TRAINING COMBAT RESCUE HELICOPTER NUCLEAR WEAPONS MODERNIZATION F–15 EPAWSS STAND IN ATTACK WEAPON Unjustified cost increase FULL COMBAT MISSION TRAINING COMBAT SURVIVOR EVADER LOCATOR KC–46A TANKER SQUADRONS Slow execution VC–25B AUTOMATED TEST SYSTEMS TRAINING DEVELOPMENTS AF A1 SYSTEMS SUBTOTAL SYSTEM DEVELOPMENT DEMONSTRATION MANAGEMENT SUPPORT THREAT SIMULATOR DEVELOPMENT MAJOR T E INVESTMENT FY 2021 Request Conference Authorized 19 356 19 356 8 737 5 990 39 293 8 737 5 990 39 293 11 430 259 823 11 430 259 823 10 560 9 908 10 560 7 808 8 662 –2 100 8 662 8 787 56 311 7 737 916 0 –8 787 0 –56 311 7 589 418 25 161 25 161 38 564 35 033 2 098 131 909 6 752 17 280 38 564 35 033 2 098 131 909 6 752 17 280 30 000 30 000 23 076 3 091 20 609 7 926 23 660 8 898 5 423 474 430 23 076 3 091 20 609 7 926 23 660 8 898 5 423 444 430 –30 000 167 099 30 547 248 669 63 169 9 683 170 679 150 646 –9 792 9 422 973 86 262 –20 000 800 889 10 673 4 479 8 467 2 585 567 167 099 30 547 248 669 63 169 9 683 170 679 160 438 9 422 973 106 262 800 889 10 673 4 479 8 467 2 615 359 57 725 208 680 57 725 223 680 H R 6395—1078 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 133 135 136 137 0605101F 0605712F 0605807F 0605826F 138 0605827F 139 0605828F 140 0605829F 141 0605830F 142 0605831F 143 0605832F 144 145 146 0605833F 0605898F 0605976F 147 0605978F 148 149 150 0606017F 0606398F 0303255F 151 152 153 155 0308602F 0702806F 0804731F 1001004F 163 0604233F 164 0604776F 165 166 0604840F 0605018F 167 0605024F 168 0605117F 169 170 172 0605278F 0606018F 0101113F 173 174 175 176 177 0101122F 0101126F 0101127F 0101213F 0101316F Item Gulf Range telemetric modernization RAND PROJECT AIR FORCE INITIAL OPERATIONAL TEST EVALUATION TEST AND EVALUATION SUPPORT ACQ WORKFORCE- GLOBAL POWER Transfer from line 142 ACQ WORKFORCE- GLOBAL VIG COMBAT SYS Transfer from line 142 ACQ WORKFORCE- GLOBAL REACH Transfer from line 142 ACQ WORKFORCE- CYBER NETWORK BUS SYS Transfer from line 142 ACQ WORKFORCE- GLOBAL BATTLE MGMT Transfer from line 142 ACQ WORKFORCE- CAPABILITY INTEGRATION Transfer to line 137 Transfer to line 138 Transfer to line 139 Transfer to line 140 Transfer to line 141 Transfer to line 143 ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY Transfer from line 142 ACQ WORKFORCE- NUCLEAR SYSTEMS MANAGEMENT HQ—R D FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT REQUIREMENTS ANALYSIS AND MATURATION MANAGEMENT HQ—T E COMMAND CONTROL COMMUNICATION AND COMPUTERS C4 —STRATCOM ENTEPRISE INFORMATION SERVICES EIS ACQUISITION AND MANAGEMENT SUPPORT GENERAL SKILL TRAINING INTERNATIONAL ACTIVITIES SUBTOTAL MANAGEMENT SUPPORT OPERATIONAL SYSTEMS DEVELOPMENT UNDISTRIBUTED SPECIALIZED UNDERGRADUATE FLIGHT TRAINING DEPLOYMENT DISTRIBUTION ENTERPRISE R D F–35 C2D2 AF INTEGRATED PERSONNEL AND PAY SYSTEM AF-IPPS ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY FOREIGN MATERIEL ACQUISITION AND EXPLOITATION HC MC–130 RECAP RDT E NC3 INTEGRATION B–52 SQUADRONS CERP virtual prototype contract delay No acquisition strategy for AEHF Radar modernization program contract delays AIR-LAUNCHED CRUISE MISSILE ALCM B–1B SQUADRONS B–2 SQUADRONS MINUTEMAN SQUADRONS WORLDWIDE JOINT STRATEGIC COMMUNICATIONS FY 2021 Request 35 803 13 557 764 606 Conference Authorized 15 000 35 803 13 557 764 606 273 231 273 231 262 119 262 119 158 429 158 429 247 468 40 768 247 468 183 107 183 107 219 868 –273 231 –262 119 –158 429 –247 468 –183 107 –17 816 58 584 179 646 5 734 70 985 17 816 179 646 5 734 70 985 29 880 29 880 63 381 5 785 24 564 63 381 5 785 24 564 9 883 13 384 1 262 3 599 2 891 280 9 883 13 384 1 262 3 599 2 906 280 8 777 8 777 499 499 785 336 27 035 785 336 27 035 50 508 50 508 71 229 71 229 24 705 26 356 520 023 24 705 26 356 481 623 –25 500 –2 000 –10 900 1 433 15 766 187 399 116 569 27 235 1 362 038 1 433 15 766 187 399 116 569 27 235 H R 6395—1079 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 178 0101324F 179 181 182 0101328F 0102110F 0102326F 183 184 0102412F 0205219F 186 187 188 189 190 0207131F 0207133F 0207134F 0207136F 0207138F 191 0207142F 192 193 194 0207146F 0207161F 0207163F 195 196 197 198 199 0207227F 0207247F 0207249F 0207253F 0207268F 200 0207325F 201 202 203 0207410F 0207412F 0207417F 204 206 0207418F 0207431F 207 208 210 211 212 213 214 215 216 217 218 219 0207438F 0207444F 0207452F 0207521F 0207573F 0207590F 0207601F 0207605F 0207610F 0207697F 0208006F 0208007F 220 221 222 223 224 230 231 0208064F 0208087F 0208088F 0208097F 0208099F 0301025F 0301112F 238 0301401F 239 0302015F 240 0303131F 242 0303140F Item INTEGRATED STRATEGIC PLANNING ANALYSIS NETWORK ICBM REENTRY VEHICLES UH–1N REPLACEMENT PROGRAM REGION SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM NORTH WARNING SYSTEM NWS MQ–9 UAV Tech insertion request unjustified A–10 SQUADRONS F–16 SQUADRONS F–15E SQUADRONS MANNED DESTRUCTIVE SUPPRESSION F–22A SQUADRONS Software delays F–35 SQUADRONS Unjustified USAF ALIS unique funding F–15EX TACTICAL AIM MISSILES ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE AMRAAM COMBAT RESCUE—PARARESCUE AF TENCAP PRECISION ATTACK SYSTEMS PROCUREMENT COMPASS CALL AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM JOINT AIR-TO-SURFACE STANDOFF MISSILE JASSM AIR SPACE OPERATIONS CENTER AOC CONTROL AND REPORTING CENTER CRC AIRBORNE WARNING AND CONTROL SYSTEM AWACS AFSPECWAR—TACP COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES THEATER BATTLE MANAGEMENT TBM C4I TACTICAL AIR CONTROL PARTY-MOD DCAPES AIR FORCE CALIBRATION PROGRAMS NATIONAL TECHNICAL NUCLEAR FORENSICS SEEK EAGLE USAF MODELING AND SIMULATION WARGAMING AND SIMULATION CENTERS BATTLEFIELD ABN COMM NODE BACN DISTRIBUTED TRAINING AND EXERCISES MISSION PLANNING SYSTEMS TACTICAL DECEPTION Ahead of need OPERATIONAL HQ—CYBER DISTRIBUTED CYBER WARFARE OPERATIONS AF DEFENSIVE CYBERSPACE OPERATIONS JOINT CYBER COMMAND AND CONTROL JCC2 UNIFIED PLATFORM UP GEOBASE NUCLEAR PLANNING AND EXECUTION SYSTEM NPES AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR BATTLESPACE AWARENESS E–4B NATIONAL AIRBORNE OPERATIONS CENTER NAOC MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK MEECN Acquisition strategy for GASNT Inc 2 CVR increment 2 schedule delays INFORMATION SYSTEMS SECURITY PROGRAM FY 2021 Request Conference Authorized 24 227 24 227 112 753 44 464 5 929 112 753 44 464 5 929 100 162 080 159 761 19 417 51 799 100 152 112 –9 968 24 535 223 437 298 908 14 960 648 938 –16 100 129 629 –2 600 159 761 19 417 51 799 669 21 644 9 261 15 854 95 896 669 21 644 9 261 15 854 95 896 70 792 70 792 51 187 16 041 138 303 51 187 16 041 138 303 4 223 16 564 4 223 16 564 7 858 12 906 14 816 1 970 396 29 680 17 666 6 353 6 827 3 390 91 768 2 370 5 527 68 279 15 165 38 480 84 645 2 767 32 759 7 858 12 906 14 816 1 970 396 29 680 17 666 6 353 6 827 3 390 91 768 0 –2 370 5 527 68 279 15 165 38 480 84 645 2 767 32 759 2 904 2 904 3 468 3 468 61 887 44 722 10 351 –14 215 –2 950 10 351 24 535 223 437 298 908 14 960 665 038 132 229 H R 6395—1080 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 243 0303142F 246 247 251 0304260F 0304310F 0305020F 252 0305022F 253 254 255 0305099F 0305103F 0305111F 256 0305114F 257 260 262 0305116F 0305128F 0305146F 264 265 0305179F 0305202F 267 0305206F 268 269 0305207F 0305208F 270 271 0305220F 0305221F 272 273 274 0305238F 0305240F 0305600F 275 276 0305881F 0305984F 277 278 279 280 281 282 0307577F 0401115F 0401119F 0401130F 0401132F 0401134F 283 286 288 290 291 0401218F 0401318F 0408011F 0708055F 0708610F 292 293 295 296 297 298 299 0708611F 0804743F 0901202F 0901218F 0901220F 0901226F 0901538F 300 0901554F 301 1201017F Item GLOBAL FORCE MANAGEMENT—DATA INITIATIVE AIRBORNE SIGINT ENTERPRISE COMMERCIAL ECONOMIC ANALYSIS CCMD INTELLIGENCE INFORMATION TECHNOLOGY ISR MODERNIZATION AUTOMATION DVMT IMAD GLOBAL AIR TRAFFIC MANAGEMENT GATM CYBER SECURITY INITIATIVE WEATHER SERVICE Commercial weather pilot AIR TRAFFIC CONTROL APPROACH AND LANDING SYSTEM ATCALS AERIAL TARGETS SECURITY AND INVESTIGATIVE ACTIVITIES DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES INTEGRATED BROADCAST SERVICE IBS DRAGON U–2 Air Force requested transfer from line 267 AIRBORNE RECONNAISSANCE SYSTEMS Air Force requested transfer to line 265 Gorgon Stare Wide Area Motion Imagery program increase Sensor Open Systems Architecture MANNED RECONNAISSANCE SYSTEMS DISTRIBUTED COMMON GROUND SURFACE SYSTEMS RQ–4 UAV NETWORK-CENTRIC COLLABORATIVE TARGETING NATO AGS SUPPORT TO DCGS ENTERPRISE INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES PDI Mission Partner Environment BICES-X Project 675898 RAPID CYBER ACQUISITION PERSONNEL RECOVERY COMMAND CTRL PRC2 INTELLIGENCE MISSION DATA IMD C–130 AIRLIFT SQUADRON C–5 AIRLIFT SQUADRONS IF C–17 AIRCRAFT IF C–130J PROGRAM LARGE AIRCRAFT IR COUNTERMEASURES LAIRCM KC–135S CV–22 SPECIAL TACTICS COMBAT CONTROL MAINTENANCE REPAIR OVERHAUL SYSTEM LOGISTICS INFORMATION TECHNOLOGY LOGIT Prior year carryover SUPPORT SYSTEMS DEVELOPMENT OTHER FLIGHT TRAINING JOINT PERSONNEL RECOVERY AGENCY CIVILIAN COMPENSATION PROGRAM PERSONNEL ADMINISTRATION AIR FORCE STUDIES AND ANALYSIS AGENCY FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT DEFENSE ENTERPRISE ACNTNG AND MGT SYS DEAMS GLOBAL SENSOR INTEGRATED ON NETWORK GSIN FY 2021 Request Conference Authorized 1 346 1 346 128 110 4 042 1 649 128 110 4 042 1 649 19 265 19 265 4 645 384 23 640 6 553 4 645 384 30 640 7 000 6 553 449 432 4 890 449 432 4 890 8 864 18 660 121 512 14 711 14 152 8 864 36 660 18 000 121 512 –18 000 10 000 8 000 14 711 14 152 134 589 15 049 134 589 15 049 36 731 33 547 13 635 36 731 33 547 17 315 3 680 4 262 2 207 4 262 2 207 6 277 41 973 32 560 9 991 10 674 5 507 6 277 41 973 32 560 9 991 10 674 5 507 4 591 18 419 7 673 24 513 35 225 4 591 18 419 7 673 24 513 31 525 11 838 1 332 2 092 3 869 1 584 1 197 7 006 –3 700 11 838 1 332 2 092 3 869 1 584 1 197 7 006 45 638 45 638 1 889 0 H R 6395—1081 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 302 1201921F 303 314 1202140F 1203400F 316 1203620F 318 1203906F 322A 9999999999 Transfer to Space Force SERVICE SUPPORT TO STRATCOM—SPACE ACTIVITIES SERVICE SUPPORT TO SPACECOM ACTIVITIES SPACE SUPERIORITY INTELLIGENCE Transfer to RD SF line 41B NATIONAL SPACE DEFENSE CENTER Transfer to RD SF line 41A NCMC—TW AA SYSTEM Transfer to RD SF line 41C CLASSIFIED PROGRAMS Classified adjustment SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT SUBTOTAL UNDISTRIBUTED TOTAL RESEARCH TEST EVAL AF 001 1206601SF 002 1203164SF 003 004 005 006 1203710SF 1206422SF 1206425SF 1206427SF 007 008 1206438SF 1206760SF 009 1206761SF 010 011 011A 1206855SF 1206857SF 9999999999 012 1203269SF 013 014 015 016 017 1203940SF 1206421SF 1206422SF 1206425SF 1206431SF 018 019 020 1206432SF 1206442SF 1206853SF FY 2021 Request Item DEVELOPMENT RESEARCH DEVELOPMENT TEST EVAL SPACE FORCE APPLIED RESEARCH SPACE TECHNOLOGY Rapid development of low-cost small satellite technology Small satellite mission operations center SUBTOTAL APPLIED RESEARCH ADVANCED COMPONENT DEVELOPMENT PROTOTYPES NAVSTAR GLOBAL POSITIONING SYSTEM USER EQUIPMENT SPACE MGUE program slip EO IR WEATHER SYSTEMS WEATHER SYSTEM FOLLOW-ON SPACE SITUATION AWARENESS SYSTEMS SPACE SYSTEMS PROTOTYPE TRANSITIONS SSPT Transfer from RD AF line 74 SPACE CONTROL TECHNOLOGY PROTECTED TACTICAL ENTERPRISE SERVICE PTES Unjustified growth PROTECTED TACTICAL SERVICE PTS Unjustified growth EVOLVED STRATEGIC SATCOM ESS SPACE RAPID CAPABILITIES OFFICE SPACE SECURITY AND DEFENSE PROGRAMS SSDP Transfer from RDTE AF line 77 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT PROTOTYPES SYSTEM DEVELOPMENT DEMONSTRATION GPS III FOLLOW-ON GPS IIIF Execution lagging SPACE SITUATION AWARENESS OPERATIONS COUNTERSPACE SYSTEMS WEATHER SYSTEM FOLLOW-ON SPACE SITUATION AWARENESS SYSTEMS ADVANCED EHF MILSATCOM SPACE Program delays POLAR MILSATCOM SPACE NEXT GENERATION OPIR NATIONAL SECURITY SPACE LAUNCH PROGRAM SPACE —EMD 993 8 999 16 810 2 687 6 990 15 777 856 21 466 680 Conference Authorized –1 889 993 8 999 0 –16 810 0 –2 687 0 –6 990 15 217 856 –560 000 20 816 681 –649 999 37 391 826 130 874 36 639 037 146 874 10 000 130 874 6 000 146 874 390 704 380 704 131 000 83 384 33 359 142 808 –10 000 131 000 83 384 33 359 151 595 35 575 114 390 8 787 35 575 109 390 205 178 71 395 103 518 1 311 311 263 496 41 897 54 689 2 526 173 074 138 257 190 235 2 318 864 560 978 –5 000 200 178 –5 000 71 395 103 518 56 311 56 311 1 356 409 255 496 –8 000 41 897 54 689 2 526 173 074 128 257 –10 000 190 235 2 318 864 650 978 H R 6395—1082 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element Item NSSL Phase 3 integration activities program SUBTOTAL SYSTEM DEVELOPMENT DEMONSTRATION 021 1206116SF 022 1206392SF 023 024 024A 1206398SF 1206860SF 9999999999 025 1206864SF 026 1201017SF 027 1203001SF 028 1203110SF 029 1203165SF 030 1203173SF 031 1203174SF 032 1203182SF 033 034 035 036 1203265SF 1203873SF 1203913SF 1203940SF 037 1206423SF 041 041A 1206770SF 9999999999 041B 9999999999 041C 9999999999 041D 9999999999 042 1203614SF MANAGEMENT SUPPORT SPACE TEST AND TRAINING RANGE DEVELOPMENT ACQ WORKFORCE—SPACE MISSILE SYSTEMS SPACE MISSILE SYSTEMS CENTER—MHA ROCKET SYSTEMS LAUNCH PROGRAM SPACE TACTICALLY RESPONSIVE LAUNCH Program increase SPACE TEST PROGRAM STP SUBTOTAL MANAGEMENT SUPPORT OPERATIONAL SYSTEM DEVELOPMENT UNDISTRIBUTED GLOBAL SENSOR INTEGRATED ON NETWORK GSIN Transfer from Air Force FAMILY OF ADVANCED BLOS TERMINALS FAB-T Prior year carryover SATELLITE CONTROL NETWORK SPACE Program decrease NAVSTAR GLOBAL POSITIONING SYSTEM SPACE AND CONTROL SEGMENTS SPACE AND MISSILE TEST AND EVALUATION CENTER SPACE INNOVATION INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT Underexecution SPACELIFT RANGE SYSTEM SPACE Space launch range services and capabilities GPS III SPACE SEGMENT BALLISTIC MISSILE DEFENSE RADARS NUDET DETECTION SYSTEM SPACE SPACE SITUATION AWARENESS OPERATIONS Underexecution GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT Funds available prioritized to other space missions ENTERPRISE GROUND SERVICES NATIONAL SPACE DEFENSE CENTER NSDC Transfer from RDTE AF line 316 SPACE SUPERIORITY INTELLIGENCE SSI Transfer from RDTE AF line 314 NCMC—TW AA SYSTEM Transfer from RDTE AF line 318 CLASSIFIED PROGRAMS SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT SUBTOTAL UNDISTRIBUTED SOFTWARE DIGITAL TECHNOLOGY PILOT PROGRAMS JSPOC MISSION SYSTEM Commercial space situational awareness Unjustified increase SUBTOTAL SOFTWARE DIGITAL TECHNOLOGY PILOT PROGRAMS TOTAL RESEARCH DEVELOPMENT TEST EVAL SPACE FORCE FY 2021 Request 3 744 016 Conference Authorized 90 000 3 816 016 20 281 20 281 183 930 183 930 9 765 17 993 9 765 17 993 5 000 5 000 26 541 263 510 26 541 258 510 3 708 247 229 75 480 1 984 5 597 1 889 234 729 –12 500 60 480 –15 000 1 984 4 397 4 397 44 746 39 746 11 020 10 777 28 179 29 157 44 809 481 999 –5 000 16 020 5 000 10 777 28 179 29 157 40 809 –4 000 416 999 –65 000 116 791 3 632 866 4 733 142 116 791 2 687 2 687 16 810 16 810 6 990 6 990 3 632 866 4 665 018 –68 124 149 742 149 742 10 327 595 164 742 20 000 –5 000 164 742 10 412 569 H R 6395—1083 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 001 002 003 0601000BR 0601101E 0601110D8Z 004 0601117E 005 0601120D8Z 006 0601228D8Z 007 0601384BP 008 009 011 012 013 0602000D8Z 0602115E 0602230D8Z 0602234D8Z 0602251D8Z 014 0602303E 015 016 0602383E 0602384BP 017 018 019 020 021 0602668D8Z 0602702E 0602715E 0602716E 0602718BR 022 0602751D8Z 023 1160401BB 024 025 026 0603000D8Z 0603121D8Z 0603122D8Z 027 029 0603133D8Z 0603160BR 030 0603176C 032 033 0603180C 0603225D8Z 034 0603286E 035 036 0603287E 0603288D8Z Item RESEARCH DEVELOPMENT TEST EVAL DW BASIC RESEARCH DTRA BASIC RESEARCH DEFENSE RESEARCH SCIENCES BASIC RESEARCH INITIATIVES DEPSCoR Restore Minerva research initiative BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE NATIONAL DEFENSE EDUCATION PROGRAM Civics education pilot HISTORICALLY BLACK COLLEGES AND UNIVERSITIES MINORITY INSTITUTIONS Aerospace education research and innovation activities HBCU Minority Institutions Program increase CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM SUBTOTAL BASIC RESEARCH APPLIED RESEARCH JOINT MUNITIONS TECHNOLOGY BIOMEDICAL TECHNOLOGY DEFENSE TECHNOLOGY INNOVATION LINCOLN LABORATORY RESEARCH PROGRAM APPLIED RESEARCH FOR THE ADVANCEMENT OF S T PRIORITIES Excess growth INFORMATION COMMUNICATIONS TECHNOLOGY Program decrease BIOLOGICAL WARFARE DEFENSE CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM CYBER SECURITY RESEARCH TACTICAL TECHNOLOGY MATERIALS AND BIOLOGICAL TECHNOLOGY ELECTRONICS TECHNOLOGY COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH SOFTWARE ENGINEERING INSTITUTE SEI APPLIED RESEARCH SOF TECHNOLOGY DEVELOPMENT START research consortium of excellence for irregular warfare and advanced analytics Sustained Human Performance and Resilience SUBTOTAL APPLIED RESEARCH ADVANCED TECHNOLOGY DEVELOPMENT JOINT MUNITIONS ADVANCED TECHNOLOGY SO LIC ADVANCED DEVELOPMENT COMBATING TERRORISM TECHNOLOGY SUPPORT FOREIGN COMPARATIVE TESTING COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT ADVANCED RESEARCH JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT ADVANCED AEROSPACE SYSTEMS OpFires lack of transition pathway SPACE PROGRAMS AND TECHNOLOGY ANALYTIC ASSESSMENTS FY 2021 Request 14 617 479 958 35 565 53 730 100 241 30 975 Conference Authorized 14 617 479 958 67 565 15 000 17 000 53 730 102 241 2 000 57 975 2 000 45 300 5 000 20 000 45 300 760 386 821 386 19 409 107 568 35 000 41 080 60 722 19 409 107 568 35 000 41 080 54 335 435 920 –6 387 423 920 26 950 201 807 –12 000 26 950 201 807 15 255 233 271 250 107 322 693 174 571 15 255 233 271 250 107 322 693 174 571 9 573 9 573 42 464 52 464 5 000 1 976 390 5 000 1 968 003 22 920 4 914 51 089 22 920 4 914 51 089 25 183 366 659 25 183 366 659 14 910 14 910 18 687 18 873 18 687 18 873 230 978 220 978 –10 000 158 439 23 775 158 439 23 775 H R 6395—1084 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 037 0603289D8Z 038 0603291D8Z 039 040 0603294C 0603338D8Z 042 043 044 0603342D8Z 0603375D8Z 0603384BP 045 046 047 0603527D8Z 0603618D8Z 0603648D8Z 048 0603662D8Z 049 0603680D8Z 050 0603680S 052 0603712S 053 0603716D8Z 054 0603720S 055 056 057 0603727D8Z 0603739E 0603760E 058 0603766E 059 060 0603767E 0603769D8Z 061 064 0603781D8Z 0603924D8Z 065 0603941D8Z 066 0603950D8Z 067 0604055D8Z 070 1160402BB Item ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS—MHA COMMON KILL VEHICLE TECHNOLOGY DEFENSE MODERNIZATION AND PROTOTYPING Lack of hypersonic prototype coordination efforts Stratospheric balloon research DEFENSE INNOVATION UNIT DIU TECHNOLOGY INNOVATION CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT RETRACT LARCH JOINT ELECTRONIC ADVANCED TECHNOLOGY JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS NETWORKED COMMUNICATIONS CAPABILITIES DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM Accelerating rapid prototyping by integrating high performance computing and advanced manufacturing Additive manufacturing training Advanced structural manufacturing technologies Flexible hybrid electronics Hypersonic thermal management research MANUFACTURING TECHNOLOGY PROGRAM Defense supply chain technologies Steel performance initiative GENERIC LOGISTICS R D TECHNOLOGY DEMONSTRATIONS STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM AFFF replacement PFAS Innovation Award Fund PFAS remediation and disposal technology MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT MGUE—DLA requested transfer from P DW line 23 JOINT WARFIGHTING PROGRAM ADVANCED ELECTRONICS TECHNOLOGIES COMMAND CONTROL AND COMMUNICATIONS SYSTEMS NETWORK-CENTRIC WARFARE TECHNOLOGY Lack of coordination Unjustified increase SENSOR TECHNOLOGY DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT SOFTWARE ENGINEERING INSTITUTE HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM Excess growth TEST EVALUATION SCIENCE TECHNOLOGY Directed energy test workloads Excess growth electronic warfare test NATIONAL SECURITY INNOVATION NETWORK Restore program OPERATIONAL ENERGY CAPABILITY IMPROVEMENT Program increase SOF ADVANCED TECHNOLOGY DEVELOPMENT FY 2021 Request Conference Authorized 36 524 36 524 14 703 14 703 11 058 133 375 11 058 123 673 26 141 27 709 188 001 –19 702 10 000 26 141 27 709 188 001 130 283 15 164 85 452 130 283 15 164 85 452 5 882 5 882 93 817 135 817 5 000 10 235 2 000 25 000 5 000 5 000 55 025 5 000 10 000 10 235 53 862 108 862 124 049 25 000 5 000 25 000 131 049 40 025 7 000 3 871 95 864 221 724 3 871 95 864 221 724 661 158 200 220 6 765 646 158 –10 000 –5 000 200 220 6 765 12 598 105 410 12 598 92 270 187 065 –13 140 154 365 –32 700 40 000 40 000 65 000 89 072 65 000 89 072 H R 6395—1085 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line 071 Program Element 1206310SDA 072 0603161D8Z 073 075 0603600D8Z 0603851D8Z 076 0603881C 077 0603882C 078 0603884BP 079 080 081 082 0603884C 0603890C 0603891C 0603892C 083 0603896C 084 0603898C 085 0603904C 086 087 088 089 090 092 093 0603906C 0603907C 0603913C 0603914C 0603915C 0603923D8Z 0604011D8Z 094 0604016D8Z 095 0604115C 098 099 0604181C 0604250D8Z 100 101 0604294D8Z 0604331D8Z 102 0604341D8Z 103 0604400D8Z 105 0604672C 107 0604682D8Z Item SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ADVANCED COMPONENT DEVELOPMENT PROTOTYPES NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT E ADC P WALKOFF ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM AFFF replacement PFAS remediation and disposal technology Program increase BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT Insufficient justification—homeland defense underlay BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT Unjustified cost growth CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM VAL BALLISTIC MISSILE DEFENSE SENSORS BMD ENABLING PROGRAMS SPECIAL PROGRAMS—MDA AEGIS BMD Insufficient justification Aegis underlay and unjustified cost growth BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL BATTLE MANAGEMENT AND COMMUNICATI BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT MISSILE DEFENSE INTEGRATION OPERATIONS CENTER MDIOC REGARDING TRENCH SEA BASED X-BAND RADAR SBX ISRAELI COOPERATIVE PROGRAMS BALLISTIC MISSILE DEFENSE TEST BALLISTIC MISSILE DEFENSE TARGETS COALITION WARFARE NEXT GENERATION INFORMATION COMMUNICATIONS TECHNOLOGY 5G Program decrease for Restoring S T DEPARTMENT OF DEFENSE CORROSION PROGRAM TECHNOLOGY MATURATION INITIATIVES Restore DPAL Effort HYPERSONIC DEFENSE ADVANCED INNOVATIVE TECHNOLOGIES Micro nuclear reactors Program decrease TRUSTED ASSURED MICROELECTRONICS RAPID PROTOTYPING PROGRAM Program decrease for Restoring S T DEFENSE INNOVATION UNIT DIU PROTOTYPING Talent optimization pilot program DEPARTMENT OF DEFENSE DOD UNMANNED SYSTEM COMMON DEVELOPMENT HOMELAND DEFENSE RADAR—HAWAII HDRH Continue radar development and siting efforts WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS SSA FY 2021 Request Conference Authorized 72 422 72 422 3 588 876 3 732 334 32 636 32 636 106 529 61 345 106 529 98 345 412 627 10 000 25 000 2 000 312 627 –100 000 1 004 305 76 167 924 305 –80 000 76 167 281 957 599 380 420 216 814 936 281 957 599 380 420 216 775 266 –39 670 593 353 593 353 49 560 49 560 55 356 55 356 11 863 118 318 300 000 378 302 536 133 10 129 449 000 11 863 118 318 300 000 378 302 536 133 10 129 430 000 3 325 67 389 –19 000 3 325 13 255 109 389 42 000 206 832 702 008 50 000 –78 500 489 076 82 023 –20 000 16 255 2 787 3 000 2 787 206 832 730 508 489 076 102 023 65 000 3 469 65 000 3 469 H R 6395—1086 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 109 0604826J 110 111 0604873C 0604874C 112 0604876C 113 0604878C 114 115 116 0604879C 0604880C 0604887C 118 0300206R 119 0303191D8Z 120 121 0305103C 1206410SDA 122 123 1206893C 1206895C 124 0604161D8Z 126 0604384BP 127 0604771D8Z 128 0605000BR 129 130 0605013BL 0605021SE 131 132 133 0605022D8Z 0605027D8Z 0605070S 134 135 0605075D8Z 0605080S 136 0605090S 137 0605141BR 138 0605210D8Z 139 140 0605294D8Z 0605772D8Z 143 0305304D8Z 144 0305310D8Z Item JOINT C5 CAPABILITY DEVELOPMENT INTEGRATION AND INTEROPERABILITY ASSESSMENTS LONG RANGE DISCRIMINATION RADAR LRDR IMPROVED HOMELAND DEFENSE INTERCEPTORS NGI contract delays BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST AEGIS BMD TEST Unjustified cost growth BALLISTIC MISSILE DEFENSE SENSOR TEST LAND-BASED SM–3 LBSM3 BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS JOINT ELECTROMAGNETIC TECHNOLOGY JET PROGRAM CYBER SECURITY INITIATIVE SPACE TECHNOLOGY DEVELOPMENT AND PROTOTYPING HBTSS—transfer to 1206895C SPACE TRACKING SURVEILLANCE SYSTEM BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS HBTSS—transfer from 1206410SDA HBTSS sensor payload development SUBTOTAL ADVANCED COMPONENT DEVELOPMENT PROTOTYPES SYSTEM DEVELOPMENT DEMONSTRATION NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT E SDD CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD Decontamination technologies for civilian pandemic preparedness JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM JTIDS COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT INFORMATION TECHNOLOGY DEVELOPMENT HOMELAND PERSONNEL SECURITY INITIATIVE DEFENSE EXPORTABILITY PROGRAM OUSD C IT DEVELOPMENT INITIATIVES DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION CMO POLICY AND INTEGRATION DEFENSE AGENCY INITIATIVES DAI —FINANCIAL SYSTEM DEFENSE RETIRED AND ANNUITANT PAY SYSTEM DRAS MISSION ASSURANCE RISK MANAGEMENT SYSTEM MARMS DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES TRUSTED ASSURED MICROELECTRONICS NUCLEAR COMMAND CONTROL COMMUNICATIONS DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT EEIM CWMD SYSTEMS SYSTEM DEVELOPMENT AND DEMONSTRATION FY 2021 Request Conference Authorized 19 190 19 190 137 256 664 138 137 256 450 138 7 768 170 880 76 456 56 628 67 071 –214 000 7 768 95 880 –75 000 76 456 56 628 67 071 2 198 2 198 997 997 1 148 215 994 1 148 195 994 34 144 32 068 –20 000 34 144 152 068 9 416 712 20 000 100 000 9 087 542 7 173 7 173 319 976 324 976 5 000 54 985 54 985 15 650 15 650 1 441 7 287 1 441 7 287 12 928 10 259 1 377 12 928 10 259 1 377 1 648 20 537 1 648 20 537 1 638 1 638 5 500 5 500 8 279 8 279 107 585 3 685 107 585 3 685 3 275 3 275 20 585 20 585 H R 6395—1087 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element SUBTOTAL SYSTEM DEMONSTRATION 145 146 0603829J 0604774D8Z 147 0604875D8Z 148 0604940D8Z 149 150 151 0604942D8Z 0605001E 0605100D8Z 153 0605126J 155 156 157 0605142D8Z 0605151D8Z 0605161D8Z 158 0605170D8Z 159 160 0605200D8Z 0605384BP 167 0605790D8Z 168 169 0605797D8Z 0605798D8Z 170 0605801KA 171 0605803SE 172 173 174 0605804D8Z 0605898E 0605998KA 175 176 0606100D8Z 0606225D8Z 177 0606589D8W 180 0203345D8Z 181 182 185 186 0204571J 0208045K 0303140SE 0303166J 187 0303260D8Z 188 190 0305172K 0305208K 194 0804768J 195 0808709SE 196 197 198A 0901598C 0903235K 9999999999 FY 2021 Request Item DEVELOPMENT MANAGEMENT SUPPORT JOINT CAPABILITY EXPERIMENTATION DEFENSE READINESS REPORTING SYSTEM DRRS JOINT SYSTEMS ARCHITECTURE DEVELOPMENT CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT CTEIP Telemetry range extension wave glider relay ASSESSMENTS AND EVALUATIONS MISSION SUPPORT JOINT MISSION ENVIRONMENT TEST CAPABILITY JMETC JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION JIAMDO SYSTEMS ENGINEERING STUDIES AND ANALYSIS SUPPORT—OSD NUCLEAR MATTERS-PHYSICAL SECURITY Excess growth SUPPORT TO NETWORKS AND INFORMATION INTEGRATION GENERAL SUPPORT TO USD INTELLIGENCE CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM SMALL BUSINESS INNOVATION RESEARCH SBIR SMALL BUSINESS TECHNOLOGY TRANSFER MAINTAINING TECHNOLOGY ADVANTAGE DEFENSE TECHNOLOGY ANALYSIS Excess growth DEFENSE TECHNICAL INFORMATION CENTER DTIC Program decrease R D IN SUPPORT OF DOD ENLISTMENT TESTING AND EVALUATION DEVELOPMENT TEST AND EVALUATION MANAGEMENT HQ—R D MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER DTIC BUDGET AND PROGRAM ASSESSMENTS ODNA TECHNOLOGY AND RESOURCE ANALYSIS DEFENSE DIGITAL SERVICE DDS DEVELOPMENT SUPPORT DEFENSE OPERATIONS SECURITY INITIATIVE DOSI JOINT STAFF ANALYTICAL SUPPORT C4I INTEROPERABILITY INFORMATION SYSTEMS SECURITY PROGRAM SUPPORT TO INFORMATION OPERATIONS IO CAPABILITIES DEFENSE MILITARY DECEPTION PROGRAM OFFICE DMDPO COMBINED ADVANCED APPLICATIONS DISTRIBUTED COMMON GROUND SURFACE SYSTEMS COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION CE2T2 —NON-MHA DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE DEOMI MANAGEMENT HQ—MDA JOINT SERVICE PROVIDER JSP CLASSIFIED PROGRAMS SUBTOTAL MANAGEMENT SUPPORT Conference Authorized 603 808 608 808 11 239 9 793 11 239 9 793 8 497 8 497 422 451 427 451 18 379 74 334 79 046 5 000 18 379 74 334 79 046 50 255 50 255 49 376 5 777 16 552 49 376 5 777 13 991 –2 561 9 582 9 582 1 940 122 951 1 940 122 951 3 582 3 582 29 566 29 059 59 369 29 566 24 059 –5 000 57 716 29 420 –1 653 29 420 27 198 13 434 2 837 27 198 13 434 2 837 13 173 3 200 13 173 3 200 999 999 3 099 3 099 3 058 59 813 1 112 545 3 058 59 813 1 112 545 1 036 1 036 30 824 3 048 30 824 3 048 31 125 31 125 100 100 26 902 3 138 41 583 1 297 392 26 902 3 138 41 583 1 293 178 H R 6395—1088 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 199 200 201 0604130V 0604532K 0605127T 202 0605147T 203 0607210D8Z 204 0607310D8Z 205 0607327T 206 0607384BP 207 212 0208043J 0302019K 213 214 0303126K 0303131K 215 216 217 0303136G 0303140D8Z 0303140G 218 219 220 223 231 235 0303140K 0303150K 0303153K 0303228K 0305128V 0305186D8Z 236 238 0305199D8Z 0305208BB 245 0305387D8Z 252 253 254 0708012K 0708012S 0708047S 256 258 259 260 1105219BB 1160403BB 1160405BB 1160408BB 261 1160431BB 262 1160432BB 263 1160434BB Item OPERATIONAL SYSTEMS DEVELOPMENT ENTERPRISE SECURITY SYSTEM ESS JOINT ARTIFICIAL INTELLIGENCE REGIONAL INTERNATIONAL OUTREACH RIO AND PARTNERSHIP FOR PEACE INFORMATION MANA OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM OHASIS INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT Advanced machine tool research Cold spray manufacturing technologies Domestic organic light emitting diode microdisplay manufacturing Domestic tungsten Manufacturing for reuse of NdFeB magnets Program increase Submarine workforce development and training Ultra-hard armor CWMD SYSTEMS OPERATIONAL SYSTEMS DEVELOPMENT GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS GTSCMIS CHEMICAL AND BIOLOGICAL DEFENSE OPERATIONAL SYSTEMS DEVELOPMENT PLANNING AND DECISION AID SYSTEM PDAS DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION LONG-HAUL COMMUNICATIONS—DCS MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK MEECN KEY MANAGEMENT INFRASTRUCTURE KMI INFORMATION SYSTEMS SECURITY PROGRAM INFORMATION SYSTEMS SECURITY PROGRAM GenCyber Workforce Transformation Cyber Initiative Pilot Program INFORMATION SYSTEMS SECURITY PROGRAM GLOBAL COMMAND AND CONTROL SYSTEM DEFENSE SPECTRUM ORGANIZATION JOINT REGIONAL SECURITY STACKS JRSS SECURITY AND INVESTIGATIVE ACTIVITIES POLICY R D PROGRAMS Program decrease NET CENTRICITY DISTRIBUTED COMMON GROUND SURFACE SYSTEMS HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM LOGISTICS SUPPORT ACTIVITIES PACIFIC DISASTER CENTERS DEFENSE PROPERTY ACCOUNTABILITY SYSTEM MQ–9 UAV AVIATION SYSTEMS INTELLIGENCE SYSTEMS DEVELOPMENT OPERATIONAL ENHANCEMENTS Machine learning and AI technologies to enable operational maneuver WARRIOR SYSTEMS MMP excess to need SPECIAL PROGRAMS Classified adjustment—excess to need UNMANNED ISR Underexecution FY 2021 Request Conference Authorized 14 378 132 058 1 986 14 378 132 058 1 986 316 316 9 151 90 151 20 000 5 000 5 000 19 082 5 000 6 000 15 000 20 000 5 000 19 082 3 992 3 992 39 530 39 530 3 039 16 324 3 039 16 324 11 884 5 560 11 884 5 560 73 356 46 577 356 713 73 356 46 577 394 713 18 000 20 000 8 922 3 695 20 113 9 728 5 700 7 144 21 793 6 066 8 922 3 695 20 113 9 728 5 700 6 301 –843 21 793 6 066 2 190 2 190 1 654 1 785 7 301 1 654 1 785 7 301 21 265 230 812 19 558 136 041 21 265 230 812 19 558 146 041 10 000 59 511 58 333 –1 178 7 500 –3 000 15 154 –4 000 10 500 19 154 H R 6395—1089 SEC 4201 RESEARCH DEVELOPMENT TEST AND EVALUATION In Thousands of Dollars Line Program Element 264 265 1160480BB 1160483BB 266 267 1160489BB 1160490BB 268 268A 1203610K 9999999999 269 0608197V 270 0608648D8Z 271 0303150K 272 0308588D8Z SOF TACTICAL VEHICLES MARITIME SYSTEMS DCS Block II studies unjustified growth GLOBAL VIDEO SURVEILLANCE ACTIVITIES OPERATIONAL ENHANCEMENTS INTELLIGENCE TELEPORT PROGRAM CLASSIFIED PROGRAMS SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS NATIONAL BACKGROUND INVESTIGATION SERVICES—SOFTWARE PILOT PROGRAM Unjustified increase ACQUISITION VISIBILITY—SOFTWARE PILOT PROGRAM GLOBAL COMMAND AND CONTROL SYSTEM Program decrease ALGORITHMIC WARFARE CROSS FUNCTIONAL TEAMS—SOFTWARE PILOT PROGRAM SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 0605118OTE 0605131OTE 0605814OTE Conference Authorized 9 263 59 882 4 606 11 612 9 263 56 882 –3 000 4 606 11 612 3 239 4 746 466 6 161 946 3 239 4 746 466 6 278 925 121 676 101 676 16 848 –20 000 16 848 250 107 76 750 –10 000 250 107 475 381 445 381 DEVELOPMENT 24 280 891 24 235 557 OPERATIONAL TEST EVAL DEFENSE MANAGEMENT SUPPORT OPERATIONAL TEST AND EVALUATION LIVE FIRE TEST AND EVALUATION OPERATIONAL TEST ACTIVITIES AND ANALYSES SUBTOTAL MANAGEMENT SUPPORT 100 021 70 933 39 136 100 021 70 933 39 136 210 090 210 090 TOTAL OPERATIONAL TEST EVAL DEFENSE 210 090 210 090 TOTAL RDT E 106 224 793 104 708 901 TOTAL RESEARCH TEST EVAL DW 001 002 003 FY 2021 Request Item 86 750 SEC 4202 RESEARCH DEVELOPMENT TEST AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS SEC 4202 RESEARCH DEVELOPMENT TEST AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars Line 016 Program Element 0602145A 080 0603327A 114 0604785A Item RESEARCH DEVELOPMENT TEST EVAL ARMY APPLIED RESEARCH NEXT GENERATION COMBAT VEHICLE TECHNOLOGY SUBTOTAL APPLIED RESEARCH ADVANCED COMPONENT DEVELOPMENT PROTOTYPES AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING INTEGRATED BASE DEFENSE BUDGET ACTIVITY 4 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT PROTOTYPES SYSTEM DEVELOPMENT DEMONSTRATION FY 2021 Request Conference Authorized 2 000 2 000 2 000 2 000 500 500 2 020 2 520 2 020 2 520 H R 6395—1090 SEC 4202 RESEARCH DEVELOPMENT TEST AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars Line Program Element 131 0604741A 159 166 183 0605035A 0605051A 0304270A 198 209 0605709A 0606003A 239 0203802A 248 257 258 0303028A 0305204A 0305206A Item AIR DEFENSE COMMAND CONTROL AND INTELLIGENCE—ENG DEV COMMON INFRARED COUNTERMEASURES CIRCM AIRCRAFT SURVIVABILITY DEVELOPMENT ELECTRONIC WARFARE DEVELOPMENT SUBTOTAL SYSTEM DEVELOPMENT DEMONSTRATION MANAGEMENT SUPPORT EXPLOITATION OF FOREIGN ITEMS COUNTERINTEL AND HUMAN INTEL MODERNIZATION SUBTOTAL MANAGEMENT SUPPORT OPERATIONAL SYSTEMS DEVELOPMENT OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS SECURITY AND INTELLIGENCE ACTIVITIES TACTICAL UNMANNED AERIAL VEHICLES AIRBORNE RECONNAISSANCE SYSTEMS SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT TOTAL RESEARCH DEVELOPMENT TEST EVAL ARMY 039 058 0603527N 0603654N 063 071 0603734N 0603795N 142 0604755N 229 0206625M RESEARCH DEVELOPMENT TEST EVAL NAVY ADVANCED COMPONENT DEVELOPMENT PROTOTYPES RETRACT LARCH JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT CHALK CORAL LAND ATTACK TECHNOLOGY SUBTOTAL ADVANCED COMPONENT DEVELOPMENT PROTOTYPES SYSTEM DEVELOPMENT DEMONSTRATION SHIP SELF DEFENSE DETECT CONTROL SUBTOTAL SYSTEM DEVELOPMENT DEMONSTRATION OPERATIONAL SYSTEMS DEVELOPMENT USMC INTELLIGENCE ELECTRONIC WARFARE SYSTEMS MIP SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT TOTAL RESEARCH DEVELOPMENT TEST EVAL NAVY 185 228 0205671F 0208288F RESEARCH DEVELOPMENT TEST EVAL AF UNDISTRIBUTED JOINT COUNTER RCIED ELECTRONIC WARFARE INTEL DATA APPLICATIONS SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT TOTAL RESEARCH DEVELOPMENT TEST EVAL AF 010 0602134BR RESEARCH DEVELOPMENT TEST EVAL DW APPLIED RESEARCH COUNTER IMPROVISED-THREAT ADVANCED STUDIES SUBTOTAL APPLIED RESEARCH FY 2021 Request Conference Authorized 27 000 27 000 2 300 64 625 3 900 97 825 2 300 64 625 3 900 97 825 1 000 4 137 1 000 4 137 5 137 5 137 2 300 2 300 23 367 34 100 15 575 75 342 23 367 34 100 15 575 75 342 182 824 182 824 36 500 14 461 36 500 14 461 3 000 1 457 55 418 3 000 1 457 55 418 1 144 1 144 1 144 1 144 3 000 3 000 3 000 3 000 59 562 59 562 4 080 1 224 5 304 4 080 1 224 5 304 5 304 5 304 3 699 3 699 3 699 3 699 H R 6395—1091 SEC 4202 RESEARCH DEVELOPMENT TEST AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars Line 026 028 097 260 261 263 268A Program Element 0603122D8Z 0603134BR 0604134BR 1160408BB 1160431BB 1160434BB 9999999999 FY 2021 Request Item ADVANCED TECHNOLOGY DEVELOPMENT COMBATING TERRORISM TECHNOLOGY SUPPORT COUNTER IMPROVISED-THREAT SIMULATION SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT Conference Authorized 19 288 3 861 23 149 ADVANCED COMPONENT DEVELOPMENT PROTOTYPES COUNTER IMPROVISED-THREAT DEMONSTRATION PROTOTYPE DEVELOPMENT AND TESTING SUBTOTAL ADVANCED COMPONENT DEVELOPMENT PROTOTYPES 19 288 3 861 23 149 19 931 19 931 19 931 19 931 1 186 5 796 5 000 24 057 36 039 1 186 5 796 5 000 24 057 36 039 TOTAL RESEARCH DEVELOPMENT TEST EVAL DW 82 818 82 818 TOTAL RDT E 330 508 330 508 OPERATIONAL SYSTEMS DEVELOPMENT OPERATIONAL ENHANCEMENTS WARRIOR SYSTEMS UNMANNED ISR CLASSIFIED PROGRAMS SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT TITLE XLIII—OPERATION AND MAINTENANCE Sec 4301 Operation and maintenance Sec 4302 Operation and maintenance for overseas contingency operations SEC 4301 OPERATION AND MAINTENANCE SEC 4301 OPERATION AND MAINTENANCE In Thousands of Dollars Line 020 030 040 050 060 070 080 090 Item OPERATION MAINTENANCE ARMY OPERATING FORCES MODULAR SUPPORT BRIGADES Unjustified funding for Dynamic Force Employment ECHELONS ABOVE BRIGADE Unjustified funding for Dynamic Force Employment THEATER LEVEL ASSETS Unjustified growth LAND FORCES OPERATIONS SUPPORT AVIATION ASSETS Unjustified funding for Dynamic Force Employment Unjustified growth FORCE READINESS OPERATIONS SUPPORT PDI Army UFR INDOPACOM MDTF #1 Transfer to MP A line 13 Unjustified growth LAND FORCES SYSTEMS READINESS LAND FORCES DEPOT MAINTENANCE FY 2021 Request Conference Authorized 159 834 149 534 663 751 –10 300 661 938 956 477 1 157 635 1 453 024 4 713 660 404 161 1 413 359 –1 813 936 477 –20 000 1 157 635 1 348 649 –32 375 –72 000 4 673 660 45 000 –10 000 –75 000 404 161 1 378 359 H R 6395—1092 SEC 4301 OPERATION AND MAINTENANCE In Thousands of Dollars Line 100 110 120 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 320 330 340 350 360 370 390 400 410 420 430 440 450 460 470 480 Item FY 2021 Request Conference Authorized Unjustified growth BASE OPERATIONS SUPPORT Army Community Services Child Youth Services program increase FACILITIES SUSTAINMENT RESTORATION MODERNIZATION Program increase MANAGEMENT AND OPERATIONAL HEADQUARTERS US AFRICA COMMAND Force protection upfrades—personnel recovery casualty evacuation Program increase—personnel recovery and casualty evacuation US EUROPEAN COMMAND US SOUTHERN COMMAND US FORCES KOREA CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS CYBERSPACE ACTIVITIES—CYBERSECURITY SUBTOTAL OPERATING FORCES 430 109 464 117 24 692 261 430 109 464 117 24 873 733 MOBILIZATION STRATEGIC MOBILITY ARMY PREPOSITIONED STOCKS INDUSTRIAL PREPAREDNESS SUBTOTAL MOBILIZATION 402 236 324 306 3 653 730 195 402 236 324 306 3 653 730 195 TRAINING AND RECRUITING OFFICER ACQUISITION RECRUIT TRAINING ONE STATION UNIT TRAINING SENIOR RESERVE OFFICERS TRAINING CORPS SPECIALIZED SKILL TRAINING FLIGHT TRAINING PROFESSIONAL DEVELOPMENT EDUCATION TRAINING SUPPORT RECRUITING AND ADVERTISING Unjustified growth EXAMINING OFF-DUTY AND VOLUNTARY EDUCATION CIVILIAN EDUCATION AND TRAINING JUNIOR RESERVE OFFICER TRAINING CORPS SUBTOTAL TRAINING AND RECRUITING ADMIN SRVWIDE ACTIVITIES SERVICEWIDE TRANSPORTATION CENTRAL SUPPLY ACTIVITIES LOGISTIC SUPPORT ACTIVITIES AMMUNITION MANAGEMENT ADMINISTRATION SERVICEWIDE COMMUNICATIONS Unjustified growth MANPOWER MANAGEMENT OTHER PERSONNEL SUPPORT OTHER SERVICE SUPPORT Excess personnel increase Servicewoman’s Commemorative Partnership ARMY CLAIMS ACTIVITIES 8 220 093 3 581 071 411 844 239 387 –35 000 8 340 093 30 000 90 000 3 815 531 234 460 411 844 277 887 2 500 160 761 197 826 65 152 165 142 76 509 88 523 535 578 981 436 1 204 768 215 195 575 232 722 612 185 522 221 503 154 651 173 286 5 299 957 491 926 812 613 676 178 437 774 438 048 1 638 872 300 046 701 103 1 887 133 195 291 36 000 160 761 197 826 65 152 165 142 76 509 88 523 535 578 981 436 1 204 768 215 195 575 232 717 612 –5 000 185 522 221 503 154 651 173 286 5 294 957 491 926 812 613 676 178 437 774 438 048 1 618 872 –20 000 300 046 701 103 1 886 133 –4 000 3 000 195 291 H R 6395—1093 SEC 4301 OPERATION AND MAINTENANCE In Thousands of Dollars Line Item 490 500 REAL ESTATE MANAGEMENT FINANCIAL MANAGEMENT AND AUDIT READINESS INTERNATIONAL MILITARY HEADQUARTERS MISC SUPPORT OF OTHER NATIONS CLASSIFIED PROGRAMS SUBTOTAL ADMIN SRVWIDE ACTIVITIES 510 520 565 570 050 060 070 080 090 100 110 120 130 140 150 160 170 180 210 Conference Authorized 229 537 229 537 306 370 373 030 32 719 1 069 915 306 370 373 030 32 719 1 069 915 9 590 555 9 569 555 UNDISTRIBUTED UNDISTRIBUTED COVID-related ops training slowdown Foreign Currency adjustments SUBTOTAL UNDISTRIBUTED TOTAL OPERATION MAINTENANCE ARMY 010 020 030 040 FY 2021 Request –395 600 –258 300 –137 300 –395 600 40 312 968 40 072 840 OPERATION MAINTENANCE ARMY RES OPERATING FORCES MODULAR SUPPORT BRIGADES ECHELONS ABOVE BRIGADE THEATER LEVEL ASSETS LAND FORCES OPERATIONS SUPPORT Unjustified growth Unjustified personnel growth AVIATION ASSETS FORCE READINESS OPERATIONS SUPPORT LAND FORCES SYSTEMS READINESS LAND FORCES DEPOT MAINTENANCE BASE OPERATIONS SUPPORT FACILITIES SUSTAINMENT RESTORATION MODERNIZATION Program increase for additional facility requirements MANAGEMENT AND OPERATIONAL HEADQUARTERS CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS CYBERSPACE ACTIVITIES—CYBERSECURITY SUBTOTAL OPERATING FORCES 28 783 28 783 2 745 7 438 2 825 366 2 745 7 438 2 821 425 ADMIN SRVWD ACTIVITIES SERVICEWIDE TRANSPORTATION ADMINISTRATION SERVICEWIDE COMMUNICATIONS MANPOWER MANAGEMENT RECRUITING AND ADVERTISING SUBTOTAL ADMIN SRVWD ACTIVITIES 15 530 17 761 14 256 6 564 55 240 109 351 15 530 17 761 14 256 6 564 55 240 109 351 10 784 530 425 123 737 589 582 89 332 387 545 97 569 43 148 587 098 10 784 530 425 123 737 579 582 –8 400 –1 600 89 332 387 545 97 569 43 148 587 098 327 180 333 239 6 059 UNDISTRIBUTED UNDISTRIBUTED COVID-related ops training slowdown SUBTOTAL UNDISTRIBUTED TOTAL OPERATION MAINTENANCE ARMY RES OPERATION MAINTENANCE ARNG –33 500 –33 500 –33 500 2 934 717 2 897 276 H R 6395—1094 SEC 4301 OPERATION AND MAINTENANCE In Thousands of Dollars Line 010 020 030 040 050 060 070 080 090 100 110 120 130 140 150 160 170 180 190 200 220 Item OPERATING FORCES MANEUVER UNITS MODULAR SUPPORT BRIGADES ECHELONS ABOVE BRIGADE THEATER LEVEL ASSETS Insufficient justification LAND FORCES OPERATIONS SUPPORT AVIATION ASSETS FORCE READINESS OPERATIONS SUPPORT LAND FORCES SYSTEMS READINESS LAND FORCES DEPOT MAINTENANCE BASE OPERATIONS SUPPORT FACILITIES SUSTAINMENT RESTORATION MODERNIZATION Program increase for additional facility requirements MANAGEMENT AND OPERATIONAL HEADQUARTERS CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS Program increase—cyber security training center CYBERSPACE ACTIVITIES—CYBERSECURITY SUBTOTAL OPERATING FORCES 7 756 7 008 170 ADMIN SRVWD ACTIVITIES SERVICEWIDE TRANSPORTATION ADMINISTRATION SERVICEWIDE COMMUNICATIONS MANPOWER MANAGEMENT OTHER PERSONNEL SUPPORT REAL ESTATE MANAGEMENT SUBTOTAL ADMIN SRVWD ACTIVITIES 8 018 74 309 66 140 9 087 251 714 2 576 411 844 020 030 040 050 060 070 080 100 769 449 204 604 812 072 103 650 32 485 1 011 142 712 881 47 732 265 408 1 106 704 876 032 OPERATION MAINTENANCE NAVY OPERATING FORCES MISSION AND OTHER FLIGHT OPERATIONS Transfer to OCO Unjustified increase FLEET AIR TRAINING Restoration of Congressional mark AVIATION TECHNICAL DATA ENGINEERING SERVICES AIR OPERATIONS AND SAFETY SUPPORT AIR SYSTEMS SUPPORT Restoration of Congressional mark AIRCRAFT DEPOT MAINTENANCE Unjustified growth AIRCRAFT DEPOT OPERATIONS SUPPORT AVIATION LOGISTICS Restoration of Congressional mark SHIP OPERATIONS SUPPORT TRAINING Conference Authorized 769 449 204 604 812 072 101 150 –2 500 32 485 1 011 142 712 881 47 732 265 408 1 106 704 892 254 16 222 1 050 257 7 998 UNDISTRIBUTED UNDISTRIBUTED COVID-related ops training slowdown SUBTOTAL UNDISTRIBUTED TOTAL OPERATION MAINTENANCE ARNG 010 FY 2021 Request 1 050 257 8 998 1 000 7 756 7 022 892 8 018 74 309 66 140 9 087 251 714 2 576 411 844 –66 100 –66 100 –66 100 7 420 014 7 368 636 5 738 746 5 373 746 –300 000 –65 000 2 163 673 –50 000 2 213 673 57 144 171 949 838 767 1 459 447 57 789 1 264 665 1 117 067 57 144 171 949 834 067 –4 700 1 454 447 –5 000 57 789 1 234 665 –30 000 1 107 067 H R 6395—1095 SEC 4301 OPERATION AND MAINTENANCE In Thousands of Dollars Line 110 120 125 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 Item Unjustified increase SHIP DEPOT MAINTENANCE SHIP DEPOT OPERATIONS SUPPORT Unjustified increase Unjustified personnel growth SHIPYARD INFRASTRUCTURE OPTIMIZATION PLAN Realignment from Sustainment Readiness and Modernization COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE Unjustified increase SPACE SYSTEMS AND SURVEILLANCE WARFARE TACTICS OPERATIONAL METEOROLOGY AND OCEANOGRAPHY COMBAT SUPPORT FORCES Restoration of Congressional mark Transfer to OCO EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT COMBATANT COMMANDERS CORE OPERATIONS PDI Asia-Pacific Regional Initiative COMBATANT COMMANDERS DIRECT MISSION SUPPORT PDI Indo-Pacific Counter-Terrorism Information Facility PDI Indo-Pacific Special Operations Joint Task Force MILITARY INFORMATION SUPPORT OPERATIONS CYBERSPACE ACTIVITIES FLEET BALLISTIC MISSILE WEAPONS MAINTENANCE Restoration of Congressional mark OTHER WEAPON SYSTEMS SUPPORT ENTERPRISE INFORMATION Program decrease Restoration of Congressional mark SUSTAINMENT RESTORATION AND MODERNIZATION Navy requested transfer from RDTE N line 184 Program increase for additional facility requirements Realignment to Shipyard Infrastructure Optimization Plan BASE OPERATING SUPPORT Restoration of Congressional mark SUBTOTAL OPERATING FORCES MOBILIZATION SHIP PREPOSITIONING AND SURGE Realignment to National Defense Sealift Fund Restoration of Congressional mark Strategic sealift MSC surge annual operating result loss Surge sealift readiness READY RESERVE FORCE FY 2021 Request 7 859 104 2 262 196 Conference Authorized –10 000 7 859 104 2 242 196 –13 000 –7 000 90 000 90 000 1 521 360 274 087 741 609 1 502 360 –19 000 274 087 741 609 401 382 1 546 273 401 382 936 273 –60 000 –550 000 177 951 61 484 177 951 66 084 4 600 102 330 110 630 2 000 6 300 8 810 567 496 1 428 102 995 762 524 008 1 229 056 3 453 099 8 810 567 496 1 428 102 950 762 –45 000 524 008 1 204 056 –5 000 –20 000 3 454 793 27 748 63 946 4 627 966 40 701 322 849 993 436 029 –90 000 4 603 966 –24 000 39 598 216 657 900 –314 193 –20 000 57 000 85 100 376 029 H R 6395—1096 SEC 4301 OPERATION AND MAINTENANCE In Thousands of Dollars Line 310 320 330 340 350 360 370 380 390 400 410 420 430 440 450 460 470 480 500 510 520 625 770 Item Acquisition and conversion of additional used vessels Realignment to National Defense Sealift Fund SHIP ACTIVATIONS INACTIVATIONS Restoration of Congressional mark EXPEDITIONARY HEALTH SERVICES SYSTEMS COAST GUARD SUPPORT SUBTOTAL MOBILIZATION TRAINING AND RECRUITING OFFICER ACQUISITION RECRUIT TRAINING RESERVE OFFICERS TRAINING CORPS SPECIALIZED SKILL TRAINING Restoration of Congressional mark PROFESSIONAL DEVELOPMENT EDUCATION Sea Cadets TRAINING SUPPORT RECRUITING AND ADVERTISING OFF-DUTY AND VOLUNTARY EDUCATION CIVILIAN EDUCATION AND TRAINING JUNIOR ROTC SUBTOTAL TRAINING AND RECRUITING ADMIN SRVWD ACTIVITIES ADMINISTRATION Program decrease Restoration of Congressional mark CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT MILITARY MANPOWER AND PERSONNEL MANAGEMENT MEDICAL ACTIVITIES SERVICEWIDE TRANSPORTATION Unjustified funding for Dynamic Force Employment PLANNING ENGINEERING AND PROGRAM SUPPORT ACQUISITION LOGISTICS AND OVERSIGHT Program decrease unaccounted for INVESTIGATIVE AND SECURITY SERVICES CLASSIFIED PROGRAMS SUBTOTAL ADMIN SRVWD ACTIVITIES 286 416 99 402 25 235 1 697 075 186 117 13 206 163 683 947 841 367 647 254 928 206 305 103 799 66 060 56 276 2 365 862 1 249 410 OPERATION MAINTENANCE MARINE CORPS OPERATING FORCES OPERATIONAL FORCES Deactivation of 2X companies Insufficient justification Conference Authorized 60 000 –120 000 258 416 –28 000 99 402 25 235 1 416 982 186 117 13 206 163 683 930 841 –17 000 369 147 1 500 254 928 206 305 103 799 66 060 56 276 2 350 362 1 203 410 –13 000 –33 000 189 625 189 625 499 904 196 747 165 708 499 904 196 747 162 410 –3 298 519 716 751 184 747 519 608 670 4 928 483 UNDISTRIBUTED UNDISTRIBUTED COVID-related ops training slowdown Foreign Currency adjustments SUBTOTAL UNDISTRIBUTED TOTAL OPERATION MAINTENANCE NAVY 010 FY 2021 Request 519 716 740 184 –11 000 747 519 608 670 4 868 185 –126 000 –77 500 –48 500 –126 000 49 692 742 941 143 48 107 745 517 464 –1 761 –10 300 H R 6395—1097 SEC 4301 OPERATION AND MAINTENANCE In Thousands of Dollars Line Item FY 2021 Request Conference Authorized Transfer to OCO Unit deactivation Unjustified funding for Dynamic Force Employment FIELD LOGISTICS DEPOT MAINTENANCE USMC-identified asset for FY21 depot maintenance workload MARITIME PREPOSITIONING CYBERSPACE ACTIVITIES SUSTAINMENT RESTORATION MODERNIZATION Program increase for additional facility requirements BASE OPERATING SUPPORT Program increase SUBTOTAL OPERATING FORCES 5 948 179 080 090 100 110 120 130 140 150 TRAINING AND RECRUITING RECRUIT TRAINING OFFICER ACQUISITION SPECIALIZED SKILL TRAINING PROFESSIONAL DEVELOPMENT EDUCATION TRAINING SUPPORT RECRUITING AND ADVERTISING OFF-DUTY AND VOLUNTARY EDUCATION JUNIOR ROTC SUBTOTAL TRAINING AND RECRUITING 20 751 1 193 110 149 69 509 412 613 215 464 33 719 25 784 889 182 20 751 1 193 110 149 69 509 412 613 215 464 33 719 25 784 889 182 160 170 215 ADMIN SRVWD ACTIVITIES SERVICEWIDE TRANSPORTATION ADMINISTRATION CLASSIFIED PROGRAMS SUBTOTAL ADMIN SRVWD ACTIVITIES 32 005 399 363 59 878 491 246 32 005 399 363 59 878 491 246 020 030 040 050 060 070 230 020 030 040 050 070 080 090 100 110 1 277 798 206 907 –8 676 1 277 798 168 414 103 614 215 974 –38 493 103 614 215 974 938 063 955 434 2 264 680 UNDISTRIBUTED UNDISTRIBUTED COVID-related ops training slowdown Foreign Currency adjustments SUBTOTAL UNDISTRIBUTED TOTAL OPERATION MAINTENANCE MARINE CORPS 010 –400 000 –2 942 OPERATION MAINTENANCE NAVY RES OPERATING FORCES MISSION AND OTHER FLIGHT OPERATIONS Insufficient justification INTERMEDIATE MAINTENANCE AIRCRAFT DEPOT MAINTENANCE AIRCRAFT DEPOT OPERATIONS SUPPORT AVIATION LOGISTICS COMBAT COMMUNICATIONS COMBAT SUPPORT FORCES CYBERSPACE ACTIVITIES ENTERPRISE INFORMATION SUSTAINMENT RESTORATION AND MODERNIZATION Program increase for additional facility requirements 17 371 2 365 680 101 000 5 604 378 –34 200 –20 800 –13 400 –34 200 7 328 607 635 070 6 950 606 8 713 105 088 398 27 284 17 894 132 862 453 26 073 632 070 –3 000 8 713 105 088 398 27 284 17 894 132 862 453 26 073 48 762 49 665 903 H R 6395—1098 SEC 4301 OPERATION AND MAINTENANCE In Thousands of Dollars Line Item 120 BASE OPERATING SUPPORT SUBTOTAL OPERATING FORCES 130 140 150 190 ADMIN SRVWD ACTIVITIES ADMINISTRATION MILITARY MANPOWER AND PERSONNEL MANAGEMENT ACQUISITION AND PROGRAM MANAGEMENT SUBTOTAL ADMIN SRVWD ACTIVITIES 040 050 70 020 030 040 050 060 103 580 1 104 080 1 927 1 927 15 895 3 047 20 869 15 895 3 047 20 869 –12 700 –12 700 –12 700 1 127 046 1 112 249 104 616 17 053 104 616 17 053 41 412 42 179 OPERATION MAINTENANCE MC RESERVE OPERATING FORCES OPERATING FORCES DEPOT MAINTENANCE SUSTAINMENT RESTORATION AND MODERNIZATION Program increase for additional facility requirements BASE OPERATING SUPPORT SUBTOTAL OPERATING FORCES 107 773 270 854 767 107 773 271 621 ADMIN SRVWD ACTIVITIES ADMINISTRATION SUBTOTAL ADMIN SRVWD ACTIVITIES 13 802 13 802 13 802 13 802 UNDISTRIBUTED UNDISTRIBUTED COVID-related ops training slowdown SUBTOTAL UNDISTRIBUTED TOTAL OPERATION MAINTENANCE MC RESERVE 010 Conference Authorized 103 580 1 106 177 UNDISTRIBUTED UNDISTRIBUTED COVID-related ops training slowdown SUBTOTAL UNDISTRIBUTED TOTAL OPERATION MAINTENANCE NAVY RES 010 020 030 FY 2021 Request OPERATION MAINTENANCE AIR FORCE OPERATING FORCES PRIMARY COMBAT FORCES A–10 retention COMBAT ENHANCEMENT FORCES Unjustified personnel growth AIR OPERATIONS TRAINING OJT MAINTAIN SKILLS A–10 retention Insufficient justification DEPOT PURCHASE EQUIPMENT MAINTENANCE A–10 retention KC–10 aircraft retention KC–135 aircraft retention FACILITIES SUSTAINMENT RESTORATION MODERNIZATION Program increase CYBERSPACE SUSTAINMENT –2 500 –2 500 –2 500 284 656 282 923 731 511 733 181 1 670 1 272 985 –2 500 1 275 485 1 437 095 1 441 525 12 430 –8 000 117 375 65 575 48 400 3 400 3 241 216 3 343 016 101 800 235 816 235 816 H R 6395—1099 SEC 4301 OPERATION AND MAINTENANCE In Thousands of Dollars Line Item 070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT A–10 aircraft retention FLYING HOUR PROGRAM A–10 aircraft retention KC–10 tanker divestment reversal KC–135 tanker divestment reversal BASE SUPPORT Insufficient justification Unjustified funding for Dynamic Force Employment GLOBAL C3I AND EARLY WARNING Insufficient justification PDI Mission Partner Environment implementation OTHER COMBAT OPS SPT PROGRAMS Program decrease unaccounted for Realignment from Base to OCO CYBERSPACE ACTIVITIES SPACE CONTROL SYSTEMS US NORTHCOM NORAD US STRATCOM US CYBERCOM US CENTCOM US SOCOM US TRANSCOM USSPACECOM CLASSIFIED PROGRAMS SUBTOTAL OPERATING FORCES 080 090 100 110 120 150 160 170 180 190 200 210 230 235 240 250 260 270 280 290 300 310 320 330 340 350 360 370 380 390 400 410 420 MOBILIZATION AIRLIFT OPERATIONS Realignment from Base to OCO MOBILIZATION PREPAREDNESS SUBTOTAL MOBILIZATION TRAINING AND RECRUITING OFFICER ACQUISITION RECRUIT TRAINING RESERVE OFFICERS TRAINING CORPS ROTC SPECIALIZED SKILL TRAINING FLIGHT TRAINING PROFESSIONAL DEVELOPMENT EDUCATION TRAINING SUPPORT RECRUITING AND ADVERTISING EXAMINING OFF-DUTY AND VOLUNTARY EDUCATION CIVILIAN EDUCATION AND TRAINING Insufficient justification JUNIOR ROTC SUBTOTAL TRAINING AND RECRUITING ADMIN SRVWD ACTIVITIES LOGISTICS OPERATIONS TECHNICAL SUPPORT ACTIVITIES ADMINISTRATION Program decrease SERVICEWIDE COMMUNICATIONS OTHER SERVICEWIDE ACTIVITIES FY 2021 Request 1 508 342 4 458 457 7 497 288 849 842 1 067 055 698 579 34 194 204 268 526 809 314 524 186 116 9 881 1 046 249 022 1 289 339 25 815 885 1 350 031 647 168 1 997 199 142 548 25 720 128 295 417 335 615 033 298 795 85 844 155 065 4 474 219 349 361 570 72 126 2 526 154 672 426 145 130 851 251 28 554 1 188 414 Conference Authorized 1 524 227 15 885 4 564 117 52 860 16 200 36 600 7 468 684 –22 000 –6 604 871 642 –9 000 30 800 868 476 –3 000 –195 579 698 579 34 194 204 268 526 809 314 524 186 116 9 881 1 046 249 022 1 289 339 25 954 822 1 150 031 –200 000 647 168 1 797 199 142 548 25 720 128 295 417 335 615 033 298 795 85 844 155 065 4 474 219 349 358 570 –3 000 72 126 2 523 154 672 426 145 130 829 251 –22 000 28 554 1 183 814 H R 6395—1100 SEC 4301 OPERATION AND MAINTENANCE In Thousands of Dollars Line 430 450 455 550 020 030 040 050 060 070 080 090 110 Item Program decrease CIVIL AIR PATROL Program increase INTERNATIONAL SUPPORT CLASSIFIED PROGRAMS SUBTOTAL ADMIN SRVWD ACTIVITIES 020 030 040 050 060 070 28 772 158 803 1 338 009 4 411 359 UNDISTRIBUTED UNDISTRIBUTED COVID-related ops training slowdown COVID-related throughput carryover adjustment Foreign Currency adjustments SUBTOTAL UNDISTRIBUTED Conference Authorized –4 600 43 205 14 433 158 803 1 338 009 4 399 192 –225 800 –110 600 –75 800 –39 400 –225 800 TOTAL OPERATION MAINTENANCE AIR FORCE 34 750 597 34 448 567 OPERATION MAINTENANCE SPACE FORCE OPERATING FORCES GLOBAL C3I EARLY WARNING SPACE LAUNCH OPERATIONS SPACE OPERATIONS EDUCATION TRAINING SPECIAL PROGRAMS DEPOT MAINTENANCE CONTRACTOR LOGISTICS SYSTEM SUPPORT SUBTOTAL OPERATING FORCES 276 109 177 056 475 338 18 660 137 315 250 324 1 063 969 2 398 771 276 109 177 056 475 338 18 660 137 315 250 324 1 063 969 2 398 771 ADMINISTRATION AND SERVICE WIDE ACTIVITIES ADMINISTRATION Unjustified growth SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES 132 523 123 523 –9 000 132 523 123 523 UNDISTRIBUTED UNDISTRIBUTED COVID-related ops training slowdown SUBTOTAL UNDISTRIBUTED TOTAL OPERATION MAINTENANCE SPACE FORCE 010 FY 2021 Request OPERATION MAINTENANCE AF RESERVE OPERATING FORCES PRIMARY COMBAT FORCES Insufficient justification MISSION SUPPORT OPERATIONS Insufficient justification DEPOT PURCHASE EQUIPMENT MAINTENANCE FACILITIES SUSTAINMENT RESTORATION MODERNIZATION Program increase for additional facility requirements CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT BASE SUPPORT CYBERSPACE ACTIVITIES SUBTOTAL OPERATING FORCES –8 000 –8 000 –8 000 2 531 294 2 514 294 1 782 016 453 896 1 767 016 –15 000 214 209 –1 000 453 896 103 414 107 614 215 209 4 200 224 977 452 468 2 259 3 234 239 224 977 452 468 2 259 3 222 439 H R 6395—1101 SEC 4301 OPERATION AND MAINTENANCE In Thousands of Dollars Line Item 080 090 100 110 120 ADMINISTRATION AND SERVICEWIDE ACTIVITIES ADMINISTRATION RECRUITING AND ADVERTISING MILITARY MANPOWER AND PERS MGMT ARPC OTHER PERS SUPPORT DISABILITY COMP AUDIOVISUAL SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES 130 050 060 070 080 090 100 110 OPERATION MAINTENANCE ANG OPERATING FORCES AIRCRAFT OPERATIONS MISSION SUPPORT OPERATIONS DEPOT PURCHASE EQUIPMENT MAINTENANCE FACILITIES SUSTAINMENT RESTORATION MODERNIZATION Installation recovery Program increase for additional facility requirements CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT BASE SUPPORT CYBERSPACE SUSTAINMENT CYBERSPACE ACTIVITIES SUBTOTAL OPERATING FORCES ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ADMINISTRATION RECRUITING AND ADVERTISING Insufficient justification SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 010 020 030 74 258 23 121 12 006 6 165 495 116 045 116 045 –30 300 –30 300 –30 300 3 350 284 3 308 184 2 476 205 611 325 1 138 919 2 476 205 611 325 1 138 919 323 605 OPERATION AND MAINTENANCE DEFENSEWIDE OPERATING FORCES JOINT CHIEFS OF STAFF Insufficient justification JOINT CHIEFS OF STAFF—CE2T2 JOINT CHIEFS OF STAFF—CYBER 362 505 30 000 8 900 1 100 828 962 438 27 028 16 380 6 656 728 1 100 828 962 438 27 028 16 380 6 695 628 48 218 48 696 48 218 45 696 –3 000 96 914 93 914 UNDISTRIBUTED UNDISTRIBUTED COVID-related ops training slowdown SUBTOTAL UNDISTRIBUTED TOTAL OPERATION MAINTENANCE ANG Conference Authorized 74 258 23 121 12 006 6 165 495 UNDISTRIBUTED UNDISTRIBUTED COVID-related ops training slowdown SUBTOTAL UNDISTRIBUTED TOTAL OPERATION MAINTENANCE AF RESERVE 010 020 030 040 FY 2021 Request –44 300 –44 300 –44 300 6 753 642 439 111 535 728 24 728 6 745 242 424 111 –15 000 535 728 24 728 H R 6395—1102 SEC 4301 OPERATION AND MAINTENANCE In Thousands of Dollars FY 2021 Request Conference Authorized Line Item 040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES SOCOM Syria exfiltration reconsitution SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES SPECIAL OPERATIONS COMMAND INTELLIGENCE DOMEX insufficient budget justification SPECIAL OPERATIONS COMMAND MAINTENANCE Program increase Unjustified DCS growth SPECIAL OPERATIONS COMMAND MANAGEMENT OPERATIONAL HEADQUARTERS SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT SPECIAL OPERATIONS COMMAND THEATER FORCES Flying hours program excess to need Overestimation of civilian personnel costs SUBTOTAL OPERATING FORCES 7 146 446 TRAINING AND RECRUITING DEFENSE ACQUISITION UNIVERSITY JOINT CHIEFS OF STAFF PROFESSIONAL DEVELOPMENT EDUCATION SUBTOTAL TRAINING AND RECRUITING 162 963 95 684 33 301 291 948 162 963 95 684 33 301 291 948 147 993 179 878 16 885 15 000 623 835 050 060 070 080 090 100 120 130 140 160 180 190 210 220 230 250 260 270 280 290 330 340 ADMIN SRVWIDE ACTIVITIES CIVIL MILITARY PROGRAMS Innovative Readiness Training Program increase—STARBASE DEFENSE CONTRACT AUDIT AGENCY Program increase—DWR reductions funding restoration DEFENSE CONTRACT AUDIT AGENCY—CYBER DEFENSE CONTRACT MANAGEMENT AGENCY Restoration of DWR reductions DEFENSE CONTRACT MANAGEMENT AGENCY— CYBER DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER DEFENSE HUMAN RESOURCES ACTIVITY Defense Flagship Language and Project Global Officer program increase Insufficient justification DEFENSE HUMAN RESOURCES ACTIVITY— CYBER DEFENSE INFORMATION SYSTEMS AGENCY JAIC insufficient justification DEFENSE INFORMATION SYSTEMS AGENCY— CYBER JRSS SIPR funding DEFENSE LEGAL SERVICES AGENCY DEFENSE LOGISTICS AGENCY Maternity Uniform Pilot Program Program increase—homeless blankets program 1 069 971 9 800 1 072 931 2 960 9 800 561 907 555 907 –6 000 685 097 705 814 22 000 –1 283 158 971 158 971 1 062 748 1 062 748 2 598 385 2 583 952 –12 400 –2 033 7 134 690 604 835 3 282 1 370 681 19 000 3 282 1 412 681 42 000 22 532 22 532 949 008 949 008 9 577 799 952 9 577 800 356 13 404 –13 000 20 806 1 883 190 20 806 1 853 190 –30 000 582 639 577 939 –4 700 37 637 415 584 10 000 3 500 37 637 382 084 H R 6395—1103 SEC 4301 OPERATION AND MAINTENANCE In Thousands of Dollars Line 350 360 370 400 410 430 440 450 480 490 500 510 530 535 600 FY 2021 Request Item Program increase—PTAP DEFENSE MEDIA ACTIVITY Stars and Stripes DEFENSE PERSONNEL ACCOUNTING AGENCY DEFENSE SECURITY COOPERATION AGENCY Unjustified growth for Institute for Security Governance DEFENSE TECHNOLOGY SECURITY ADMINISTRATION DEFENSE THREAT REDUCTION AGENCY DEFENSE THREAT REDUCTION AGENCY— CYBER DEPARTMENT OF DEFENSE EDUCATION ACTIVITY Impact Aid Impact Aid for children with disabilities MISSILE DEFENSE AGENCY OFFICE OF ECONOMIC ADJUSTMENT Defense Community Infrastructure Program Guam Public Health Laboratory Military Aircraft Noise Mitigation Restoration of DWR reduction OFFICE OF THE SECRETARY OF DEFENSE Additional FTEs Office of the Deputy Assistant Secretary for Environment Bien Hoa dioxin cleanup CDC PFAS health assessment Cooperative program for Vietnam personnel MIA DOD Congressional reports process modernization FY20 NDAA Sec 575 interstate spousal licensing JASON scientific advisory group National Security Commission on Artificial Intelligence NSCAI Pilot program for cyber cooperation Program increase—Readiness and Environmental Protection Initiative Unjustified growth OFFICE OF THE SECRETARY OF DEFENSE— CYBER SPACE DEVELOPMENT AGENCY Reduction for studies Unjustified growth WASHINGTON HEADQUARTERS SERVICES Insufficient justification CLASSIFIED PROGRAMS SUBTOTAL ADMIN SRVWIDE ACTIVITIES 196 997 129 225 598 559 US COURT OF FORCES DEF APPEALS FOR ARMED 20 000 205 997 9 000 129 225 588 559 –10 000 38 432 591 780 38 432 591 780 24 635 24 635 2 941 429 505 858 40 272 1 540 446 3 011 429 50 000 20 000 505 858 134 272 50 000 19 000 5 000 20 000 1 588 696 2 000 15 000 15 000 2 000 1 000 2 750 3 000 2 500 2 500 25 000 –22 500 51 630 48 166 17 348 749 51 630 36 166 –7 000 –5 000 333 291 –7 000 17 348 749 31 210 685 31 495 024 340 291 UNDISTRIBUTED UNDISTRIBUTED COVID-related ops training slowdown Foreign Currency adjustments SUBTOTAL UNDISTRIBUTED TOTAL OPERATION AND MAINTENANCE DEFENSE-WIDE Conference Authorized –248 500 –229 800 –18 700 –248 500 38 649 079 38 673 162 H R 6395—1104 SEC 4301 OPERATION AND MAINTENANCE In Thousands of Dollars Line 010 010 010 010 050 060 070 080 Item FY 2021 Request Conference Authorized ADMINISTRATION AND ASSOCIATED ACTIVITIES US COURT OF APPEALS FOR THE ARMED FORCES DEFENSE SUBTOTAL ADMINISTRATION AND ASSOCIATED ACTIVITIES 15 211 15 211 15 211 15 211 TOTAL US COURT OF APPEALS FOR ARMED FORCES DEF 15 211 15 211 58 181 108 181 DOD ACQUISITION WORKFORCE DEVELOPMENT FUND ACQUISITION WORKFORCE DEVELOPMENT ACQ WORKFORCE DEV FD DWR restore OSD-level acquisition workforce activities SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT 58 181 108 181 TOTAL DOD ACQUISITION WORKFORCE DEVELOPMENT FUND 58 181 108 181 OVERSEAS HUMANITARIAN DISASTER AND CIVIC AID HUMANITARIAN ASSISTANCE OVERSEAS HUMANITARIAN DISASTER AND CIVIC AID SUBTOTAL HUMANITARIAN ASSISTANCE 109 900 109 900 109 900 109 900 TOTAL OVERSEAS HUMANITARIAN DISASTER AND CIVIC AID 109 900 109 900 50 000 COOPERATIVE THREAT REDUCTION ACCOUNT COOPERATIVE THREAT REDUCTION COOPERATIVE THREAT REDUCTION Restoration of funding SUBTOTAL COOPERATIVE THREAT REDUCTION 238 490 360 190 121 700 238 490 360 190 TOTAL COOPERATIVE THREAT REDUCTION ACCOUNT 238 490 360 190 ENVIRONMENTAL RESTORATION DEPARTMENT OF THE ARMY ENVIRONMENTAL RESTORATION ARMY SUBTOTAL DEPARTMENT OF THE ARMY 207 518 207 518 207 518 207 518 DEPARTMENT OF THE NAVY ENVIRONMENTAL RESTORATION NAVY SUBTOTAL DEPARTMENT OF THE NAVY 335 932 335 932 335 932 335 932 DEPARTMENT OF THE AIR FORCE ENVIRONMENTAL RESTORATION AIR FORCE SUBTOTAL DEPARTMENT OF THE AIR FORCE 303 926 303 926 303 926 303 926 DEFENSE-WIDE ENVIRONMENTAL RESTORATION DEFENSE 9 105 9 105 H R 6395—1105 SEC 4301 OPERATION AND MAINTENANCE In Thousands of Dollars Line 090 010 Item FY 2021 Request Conference Authorized SUBTOTAL DEFENSE-WIDE 9 105 9 105 DEFENSE-WIDE ENVIRONMENTAL RESTORATION FORMERLY USED SITES SUBTOTAL DEFENSE-WIDE 216 587 216 587 216 587 216 587 TOTAL ENVIRONMENTAL RESTORATION 1 073 068 1 073 068 196 630 496 192 436 494 TOTAL OPERATION MAINTENANCE UNDISTRIBUTED UNDISTRIBUTED Excessive standard price for fuel SUBTOTAL UNDISTRIBUTED –1 711 780 –1 711 780 –1 711 780 TOTAL UNDISTRIBUTED –1 711 780 SEC 4302 OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS SEC 4302 OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars Line 010 030 040 050 060 070 080 090 100 110 130 140 150 160 170 Item OPERATION MAINTENANCE ARMY OPERATING FORCES MANEUVER UNITS Drawdown from Operation Freedom’s Sentinel Unjustified funding for Dynamic Force Employment ECHELONS ABOVE BRIGADE THEATER LEVEL ASSETS Drawdown from Operation Freedom’s Sentinel Unjustified growth LAND FORCES OPERATIONS SUPPORT Drawdown from Operation Freedom’s Sentinel AVIATION ASSETS Drawdown from Operation Freedom’s Sentinel FORCE READINESS OPERATIONS SUPPORT Drawdown from Operation Freedom’s Sentinel Unjustified growth LAND FORCES SYSTEMS READINESS Drawdown from Operation Freedom’s Sentinel LAND FORCES DEPOT MAINTENANCE BASE OPERATIONS SUPPORT Drawdown from Operation Freedom’s Sentinel FACILITIES SUSTAINMENT RESTORATION MODERNIZATION Drawdown from Operation Freedom’s Sentinel ADDITIONAL ACTIVITIES Drawdown from Operation Freedom’s Sentinel COMMANDER’S EMERGENCY RESPONSE PROGRAM Excess to need RESET Retrograde from Operation Freedom’s Sentinel US AFRICA COMMAND US EUROPEAN COMMAND FY 2021 Request 4 114 001 32 811 2 542 760 162 557 204 396 5 716 734 180 048 81 125 219 029 301 017 966 649 2 500 403 796 100 422 120 043 Conference Authorized 3 862 628 –89 500 –161 873 32 811 2 052 760 –480 000 –10 000 112 557 –50 000 179 572 –24 824 4 136 734 –1 500 000 –80 000 80 048 –100 000 81 125 187 029 –32 000 260 017 –41 000 782 649 –184 000 2 000 –500 1 003 796 600 000 100 422 120 043 H R 6395—1106 SEC 4302 OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars FY 2021 Request Conference Authorized Line Item 200 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS CYBERSPACE ACTIVITIES—CYBERSECURITY SUBTOTAL OPERATING FORCES 98 461 21 256 15 267 605 98 461 21 256 13 113 908 230 MOBILIZATION ARMY PREPOSITIONED STOCKS SUBTOTAL MOBILIZATION 103 052 103 052 103 052 103 052 290 320 TRAINING AND RECRUITING SPECIALIZED SKILL TRAINING TRAINING SUPPORT SUBTOTAL TRAINING AND RECRUITING 89 943 2 550 92 493 89 943 2 550 92 493 210 390 400 410 420 440 470 490 510 565 020 060 090 010 020 030 040 060 070 100 170 ADMIN SRVWIDE ACTIVITIES SERVICEWIDE TRANSPORTATION Retrograde from Operation Freedom’s Sentinel CENTRAL SUPPLY ACTIVITIES LOGISTIC SUPPORT ACTIVITIES AMMUNITION MANAGEMENT SERVICEWIDE COMMUNICATIONS OTHER SERVICE SUPPORT REAL ESTATE MANAGEMENT INTERNATIONAL MILITARY HEADQUARTERS CLASSIFIED PROGRAMS SUBTOTAL ADMIN SRVWIDE ACTIVITIES 43 897 68 423 29 162 11 447 5 839 48 782 50 000 895 964 1 674 604 TOTAL OPERATION MAINTENANCE ARMY 17 137 754 15 384 057 OPERATION MAINTENANCE ARMY RES OPERATING FORCES ECHELONS ABOVE BRIGADE FORCE READINESS OPERATIONS SUPPORT BASE OPERATIONS SUPPORT SUBTOTAL OPERATING FORCES 17 193 440 15 766 33 399 17 193 440 15 766 33 399 TOTAL OPERATION MAINTENANCE ARMY RES 33 399 33 399 OPERATION MAINTENANCE ARNG OPERATING FORCES MANEUVER UNITS MODULAR SUPPORT BRIGADES ECHELONS ABOVE BRIGADE THEATER LEVEL ASSETS AVIATION ASSETS FORCE READINESS OPERATIONS SUPPORT BASE OPERATIONS SUPPORT SUBTOTAL OPERATING FORCES 25 746 40 983 22 20 624 7 914 24 417 79 746 25 746 40 983 22 20 624 7 914 24 417 79 746 ADMIN SRVWD ACTIVITIES SERVICEWIDE COMMUNICATIONS SUBTOTAL ADMIN SRVWD ACTIVITIES 46 46 46 46 TOTAL OPERATION MAINTENANCE ARNG 79 792 79 792 AFGHANISTAN SECURITY FORCES FUND 521 090 921 090 400 000 43 897 68 423 29 162 11 447 5 839 48 782 50 000 895 964 2 074 604 H R 6395—1107 SEC 4302 OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars FY 2021 Request Conference Authorized Line Item 010 020 030 040 AFGHAN NATIONAL ARMY SUSTAINMENT INFRASTRUCTURE EQUIPMENT AND TRANSPORTATION TRAINING AND OPERATIONS SUBTOTAL AFGHAN NATIONAL ARMY 1 065 932 64 501 47 854 56 780 1 235 067 1 065 932 64 501 47 854 56 780 1 235 067 050 060 070 080 AFGHAN NATIONAL POLICE SUSTAINMENT INFRASTRUCTURE EQUIPMENT AND TRANSPORTATION TRAINING AND OPERATIONS SUBTOTAL AFGHAN NATIONAL POLICE 434 500 448 108 231 58 993 602 172 434 500 448 108 231 58 993 602 172 090 100 110 120 AFGHAN AIR FORCE SUSTAINMENT INFRASTRUCTURE EQUIPMENT AND TRANSPORTATION TRAINING AND OPERATIONS SUBTOTAL AFGHAN AIR FORCE 534 102 9 532 58 487 233 803 835 924 534 102 9 532 58 487 233 803 835 924 130 140 150 160 AFGHAN SPECIAL SECURITY FORCES UNDISTRIBUTED SUSTAINMENT INFRASTRUCTURE EQUIPMENT AND TRANSPORTATION TRAINING AND OPERATIONS SUBTOTAL AFGHAN SPECIAL SECURITY FORCES 680 024 2 532 486 808 173 085 680 024 2 532 486 808 173 085 1 342 449 1 342 449 TOTAL AFGHANISTAN SECURITY FORCES FUND 4 015 612 4 015 612 645 000 322 500 010 020 010 030 040 050 060 070 080 090 COUNTER ISIS TRAIN AND EQUIP FUND CTEF COUNTER ISIS TRAIN AND EQUIP FUND CTEF IRAQ Transfer for 10 USC 333 Iraq security cooperation activities SYRIA SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND CTEF 200 000 –322 500 200 000 845 000 522 500 TOTAL COUNTER ISIS TRAIN AND EQUIP FUND CTEF 845 000 522 500 382 062 682 062 300 000 OPERATION MAINTENANCE NAVY OPERATING FORCES MISSION AND OTHER FLIGHT OPERATIONS Transfer from base AVIATION TECHNICAL DATA ENGINEERING SERVICES AIR OPERATIONS AND SAFETY SUPPORT AIR SYSTEMS SUPPORT AIRCRAFT DEPOT MAINTENANCE AIRCRAFT DEPOT OPERATIONS SUPPORT AVIATION LOGISTICS MISSION AND OTHER SHIP OPERATIONS 832 17 840 210 692 170 580 5 854 33 707 5 817 696 832 17 840 210 692 170 580 5 854 33 707 5 717 696 H R 6395—1108 SEC 4302 OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars Line Item Insufficient justification SHIP OPERATIONS SUPPORT TRAINING SHIP DEPOT MAINTENANCE COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE SPACE SYSTEMS AND SURVEILLANCE WARFARE TACTICS OPERATIONAL METEOROLOGY AND OCEANOGRAPHY COMBAT SUPPORT FORCES Insufficient justification Transfer from base EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT COMBATANT COMMANDERS DIRECT MISSION SUPPORT CYBERSPACE ACTIVITIES WEAPONS MAINTENANCE OTHER WEAPON SYSTEMS SUPPORT SUSTAINMENT RESTORATION AND MODERNIZATION BASE OPERATING SUPPORT SUBTOTAL OPERATING FORCES 320 370 100 110 130 140 150 160 170 180 200 220 240 250 270 280 440 460 480 510 520 010 020 030 050 070 120 FY 2021 Request 20 741 2 072 470 59 254 18 000 17 324 22 581 772 441 Conference Authorized –100 000 20 741 2 072 470 59 254 18 000 17 324 22 581 1 312 441 –10 000 550 000 5 788 5 788 24 800 369 567 247 12 571 24 800 369 567 247 12 571 70 041 218 792 10 521 682 70 041 218 792 11 261 682 MOBILIZATION EXPEDITIONARY HEALTH SERVICES SYSTEMS SUBTOTAL MOBILIZATION 22 589 22 589 22 589 22 589 TRAINING AND RECRUITING SPECIALIZED SKILL TRAINING SUBTOTAL TRAINING AND RECRUITING 53 204 53 204 53 204 53 204 ADMIN SRVWD ACTIVITIES ADMINISTRATION MILITARY MANPOWER AND PERSONNEL MANAGEMENT SERVICEWIDE TRANSPORTATION ACQUISITION LOGISTICS AND OVERSIGHT INVESTIGATIVE AND SECURITY SERVICES SUBTOTAL ADMIN SRVWD ACTIVITIES 9 983 9 983 7 805 72 097 11 354 1 591 102 830 7 805 72 097 11 354 1 591 102 830 TOTAL OPERATION MAINTENANCE NAVY 10 700 305 11 440 305 OPERATION MAINTENANCE MARINE CORPS OPERATING FORCES OPERATIONAL FORCES Transfer from base FIELD LOGISTICS DEPOT MAINTENANCE CYBERSPACE ACTIVITIES BASE OPERATING SUPPORT SUBTOTAL OPERATING FORCES 195 001 55 183 10 000 24 569 1 012 742 TRAINING AND RECRUITING TRAINING SUPPORT SUBTOTAL TRAINING AND RECRUITING 28 458 28 458 ADMIN SRVWD ACTIVITIES 727 989 1 127 989 400 000 195 001 55 183 10 000 24 569 1 412 742 28 458 28 458 H R 6395—1109 SEC 4302 OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars FY 2021 Request Conference Authorized Line Item 160 SERVICEWIDE TRANSPORTATION SUBTOTAL ADMIN SRVWD ACTIVITIES 61 400 61 400 61 400 61 400 TOTAL OPERATION MAINTENANCE MARINE CORPS 1 102 600 1 502 600 OPERATION MAINTENANCE NAVY RES OPERATING FORCES INTERMEDIATE MAINTENANCE AIRCRAFT DEPOT MAINTENANCE COMBAT SUPPORT FORCES SUBTOTAL OPERATING FORCES 522 11 861 9 109 21 492 522 11 861 9 109 21 492 TOTAL OPERATION MAINTENANCE NAVY RES 21 492 21 492 OPERATION MAINTENANCE MC RESERVE OPERATING FORCES OPERATING FORCES BASE OPERATING SUPPORT SUBTOTAL OPERATING FORCES 7 627 1 080 8 707 7 627 1 080 8 707 TOTAL OPERATION MAINTENANCE MC RESERVE 8 707 8 707 125 551 916 538 125 551 978 538 020 030 080 010 040 010 020 030 040 050 060 070 080 090 100 110 120 130 140 150 160 170 180 190 OPERATION MAINTENANCE AIR FORCE OPERATING FORCES PRIMARY COMBAT FORCES COMBAT ENHANCEMENT FORCES MQ–9 government owned-contractor operated combat line operations in U S Central Command AIR OPERATIONS TRAINING OJT MAINTAIN SKILLS DEPOT PURCHASE EQUIPMENT MAINTENANCE FACILITIES SUSTAINMENT RESTORATION MODERNIZATION CYBERSPACE SUSTAINMENT CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT FLYING HOUR PROGRAM BASE SUPPORT Program decrease GLOBAL C3I AND EARLY WARNING OTHER COMBAT OPS SPT PROGRAMS Department requested transfer from SAG 44A Insufficient justification Realignment from Base to OCO CYBERSPACE ACTIVITIES TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES LAUNCH FACILITIES SPACE CONTROL SYSTEMS US NORTHCOM NORAD US STRATCOM US CYBERCOM US CENTCOM Department requested transfer from line 42G SUBTOTAL OPERATING FORCES 62 000 93 970 3 528 059 93 970 3 528 059 147 264 10 842 147 264 10 842 7 187 100 2 031 548 1 540 444 13 709 345 800 17 936 36 820 70 1 450 725 856 35 189 126 934 16 160 805 7 187 100 2 031 548 1 480 444 –60 000 13 709 549 379 28 000 –20 000 195 579 17 936 36 820 70 1 450 725 856 35 189 171 134 44 200 16 410 584 H R 6395—1110 SEC 4302 OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars Line 240 250 260 270 290 300 310 320 380 390 400 410 420 450 455 020 030 040 070 080 030 060 020 030 050 060 Item FY 2021 Request Conference Authorized MOBILIZATION AIRLIFT OPERATIONS Realignment from Base to OCO MOBILIZATION PREPAREDNESS SUBTOTAL MOBILIZATION 120 866 1 392 305 TRAINING AND RECRUITING OFFICER ACQUISITION RECRUIT TRAINING SPECIALIZED SKILL TRAINING FLIGHT TRAINING PROFESSIONAL DEVELOPMENT EDUCATION TRAINING SUPPORT SUBTOTAL TRAINING AND RECRUITING 200 352 27 010 844 1 199 1 320 30 925 200 352 27 010 844 1 199 1 320 30 925 164 701 11 782 3 886 355 100 831 164 701 11 782 3 886 355 56 631 –44 200 1 928 –28 000 34 502 273 785 1 271 439 1 471 439 200 000 120 866 1 592 305 ADMIN SRVWD ACTIVITIES LOGISTICS OPERATIONS TECHNICAL SUPPORT ACTIVITIES ADMINISTRATION SERVICEWIDE COMMUNICATIONS OTHER SERVICEWIDE ACTIVITIES Department requested transfer to line 15F INTERNATIONAL SUPPORT Department requested transfer to line 12C CLASSIFIED PROGRAMS SUBTOTAL ADMIN SRVWD ACTIVITIES 34 502 345 985 TOTAL OPERATION MAINTENANCE AIR FORCE 17 930 020 18 307 599 OPERATION MAINTENANCE SPACE FORCE OPERATING FORCES GLOBAL C3I EARLY WARNING SPACE LAUNCH OPERATIONS SPACE OPERATIONS DEPOT MAINTENANCE CONTRACTOR LOGISTICS SYSTEM SUPPORT SUBTOTAL OPERATING FORCES 227 321 15 135 18 268 43 164 77 115 227 321 15 135 18 268 43 164 77 115 TOTAL OPERATION MAINTENANCE SPACE FORCE 77 115 77 115 OPERATION MAINTENANCE AF RESERVE OPERATING FORCES DEPOT PURCHASE EQUIPMENT MAINTENANCE BASE SUPPORT SUBTOTAL OPERATING FORCES 24 408 5 682 30 090 24 408 5 682 30 090 TOTAL OPERATION MAINTENANCE AF RESERVE 30 090 30 090 3 739 61 862 3 739 61 862 97 108 12 933 175 642 97 108 12 933 175 642 OPERATION MAINTENANCE ANG OPERATING FORCES MISSION SUPPORT OPERATIONS DEPOT PURCHASE EQUIPMENT MAINTENANCE CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT BASE SUPPORT SUBTOTAL OPERATING FORCES 29 928 H R 6395—1111 SEC 4302 OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars Line Item TOTAL OPERATION MAINTENANCE ANG 010 020 040 060 070 090 100 180 210 280 290 330 350 370 410 490 530 535 010 OPERATION AND MAINTENANCE DEFENSEWIDE OPERATING FORCES JOINT CHIEFS OF STAFF JOINT CHIEFS OF STAFF—CE2T2 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES SPECIAL OPERATIONS COMMAND INTELLIGENCE Program decrease SPECIAL OPERATIONS COMMAND MAINTENANCE SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT SPECIAL OPERATIONS COMMAND THEATER FORCES Unjustified growth SUBTOTAL OPERATING FORCES FY 2021 Request Conference Authorized 175 642 175 642 3 799 6 634 3 799 6 634 898 024 1 244 553 354 951 898 024 1 243 618 –935 354 951 104 535 104 535 757 744 3 370 240 752 744 –5 000 3 364 305 ADMIN SRVWIDE ACTIVITIES DEFENSE CONTRACT AUDIT AGENCY DEFENSE CONTRACT MANAGEMENT AGENCY DEFENSE INFORMATION SYSTEMS AGENCY DEFENSE INFORMATION SYSTEMS AGENCY— CYBER DEFENSE LEGAL SERVICES AGENCY DEFENSE MEDIA ACTIVITY Stars and Stripes DEFENSE SECURITY COOPERATION AGENCY Transfer from CTEF for 10 USC 333 Iraq security cooperation activities Transfer to Ukraine Security Assistance DEFENSE THREAT REDUCTION AGENCY OFFICE OF THE SECRETARY OF DEFENSE WASHINGTON HEADQUARTERS SERVICES CLASSIFIED PROGRAMS SUBTOTAL ADMIN SRVWIDE ACTIVITIES 1 557 763 3 524 156 373 9 555 6 000 1 630 263 297 486 16 984 1 997 535 106 2 652 014 322 500 –250 000 297 486 16 984 1 997 535 106 2 730 514 TOTAL OPERATION AND MAINTENANCE DEFENSE-WIDE 6 022 254 6 094 819 1 247 21 723 56 256 3 524 156 373 3 555 UKRAINE SECURITY ASSISTANCE UKRAINE SECURITY ASSISTANCE UKRAINE SECURITY ASSISTANCE INITIATIVE Transfer from Defense Security Cooperation Agency SUBTOTAL UKRAINE SECURITY ASSISTANCE 250 000 250 000 250 000 TOTAL UKRAINE SECURITY ASSISTANCE TOTAL OPERATION MAINTENANCE 1 247 21 723 56 256 250 000 58 179 782 57 943 729 TITLE XLIV—MILITARY PERSONNEL Sec 4401 Military personnel Sec 4402 Military personnel for overseas contingency operations H R 6395—1112 SEC 4401 MILITARY PERSONNEL SEC 4401 MILITARY PERSONNEL In Thousands of Dollars Item Military Personnel Appropriations Historical unobligated balances Foreign currency adjustments Medicare-Eligible Retiree Health Fund Contributions FY 2021 Request 150 524 104 8 372 741 Conference Authorized 149 185 852 –1 168 452 –169 800 8 372 741 SEC 4402 MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS SEC 4402 MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars Item Military Personnel Appropriations FY 2021 Request 4 602 593 Conference Authorized 4 602 593 TITLE XLV—OTHER AUTHORIZATIONS Sec 4501 Other authorizations Sec 4502 Other authorizations for overseas contingency operations SEC 4501 OTHER AUTHORIZATIONS SEC 4501 OTHER AUTHORIZATIONS In Thousands of Dollars Program Title FY 2021 Request Conference Authorized WORKING CAPITAL FUND ARMY ARMY ARSENALS INITIATIVE ARMY SUPPLY MANAGEMENT TOTAL WORKING CAPITAL FUND ARMY 32 551 24 166 56 717 32 551 24 166 56 717 WORKING CAPITAL FUND AIR FORCE WORKING CAPITAL FUND WORKING CAPITAL FUND TOTAL WORKING CAPITAL FUND AIR FORCE 95 712 95 712 95 712 95 712 WORKING CAPITAL FUND DEFENSE-WIDE WORKING CAPITAL FUND SUPPORT WORKING CAPITAL FUND SUPPORT TOTAL WORKING CAPITAL FUND DEFENSEWIDE 49 821 49 821 49 821 49 821 WORKING CAPITAL FUND DECA WORKING CAPITAL FUND SUPPORT TOTAL WORKING CAPITAL FUND DECA 1 146 660 1 146 660 1 146 660 1 146 660 NATIONAL DEFENSE SEALIFT FUND SEALIFT RECAPITALIZATION Transfer from OMN–300 for acquisition of four used sealift vessels SHIP PREPOSITIONING AND SURGE Transfer from OMN–290 TOTAL NATIONAL DEFENSE SEALIFT FUND CHEM AGENTS MUNITIONS DESTRUCTION CHEM DEMILITARIZATION—O M CHEM DEMILITARIZATION—RDT E 120 000 120 000 314 193 314 193 434 193 106 691 782 193 106 691 782 193 H R 6395—1113 SEC 4501 OTHER AUTHORIZATIONS In Thousands of Dollars Program Title CHEM DEMILITARIZATION—PROC TOTAL CHEM AGENTS MUNITIONS DESTRUCTION DRUG INTERDICTION CTR-DRUG ACTIVITIES DEF COUNTER-NARCOTICS SUPPORT PDI Joint Interagency Task Force—West Project 3309 PDI Joint Interagency Task Force—West Project 9202 DRUG DEMAND REDUCTION PROGRAM NATIONAL GUARD COUNTER-DRUG PROGRAM NATIONAL GUARD COUNTER-DRUG SCHOOLS TOTAL DRUG INTERDICTION CTR-DRUG ACTIVITIES DEF OFFICE OF THE INSPECTOR GENERAL OFFICE OF THE INSPECTOR GENERAL OFFICE OF THE INSPECTOR GENERAL—CYBER OFFICE OF THE INSPECTOR GENERAL—CYBER OFFICE OF THE INSPECTOR GENERAL—RDTE OFFICE OF THE INSPECTOR GENERAL—PROCUREMENT TOTAL OFFICE OF THE INSPECTOR GENERAL DEFENSE HEALTH PROGRAM IN-HOUSE CARE Equipment purchases excess growth Medical reform implementation—excess funding to replace military medical end strength Reverse DWR savings from downsizing MTFs PRIVATE SECTOR CARE Program decrease CONSOLIDATED HEALTH SUPPORT Historical underexecution INFORMATION MANAGEMENT MANAGEMENT ACTIVITIES EDUCATION AND TRAINING Health Professions Scholarship Program Reverse DWR cuts to USUHS BASE OPERATIONS COMMUNICATIONS R D RESEARCH Pancreatic cancer research R D EXPLORATRY DEVELOPMENT R D ADVANCED DEVELOPMENT R D DEMONSTRATION VALIDATION R D ENGINEERING DEVELOPMENT R D MANAGEMENT AND SUPPORT R D CAPABILITIES ENHANCEMENT PROC INITIAL OUTFITTING PROC REPLACEMENT MODERNIZATION PROC MILITARY HEALTH SYSTEM—DESKTOP TO DATACENTER PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION Excess to need SOFTWARE DIGITAL TECHNOLOGY PILOT PROGRAMS UNDISTRIBUTED Foreign Currency adjustments FY 2021 Request Conference Authorized 616 616 889 500 889 500 546 203 562 003 13 000 123 704 94 211 5 511 2 800 123 704 94 211 5 511 769 629 785 429 368 279 368 279 1 204 1 098 1 204 1 098 858 371 439 858 371 439 9 560 564 15 841 887 1 338 269 2 039 910 330 627 315 691 1 922 605 8 913 73 984 225 602 132 331 55 748 48 672 17 215 22 932 215 618 9 271 064 –29 500 –296 000 36 000 15 826 887 –15 000 1 314 169 –24 100 2 039 910 330 627 331 691 6 000 10 000 1 922 605 13 913 5 000 73 984 225 602 132 331 55 748 48 672 17 215 22 932 215 618 70 872 70 872 308 504 245 854 –62 650 160 428 200 –9 800 160 428 H R 6395—1114 SEC 4501 OTHER AUTHORIZATIONS In Thousands of Dollars FY 2021 Request Program Title Conference Authorized Triple negative breast cancer TOTAL DEFENSE HEALTH PROGRAM 32 690 372 10 000 32 320 322 TOTAL OTHER AUTHORIZATIONS 36 069 850 36 149 793 SEC 4502 OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS SEC 4502 OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars FY 2021 Request Program Title Conference Authorized WORKING CAPITAL FUND ARMY ARMY ARSENALS INITIATIVE ARMY SUPPLY MANAGEMENT TOTAL WORKING CAPITAL FUND ARMY 20 090 20 090 20 090 20 090 OFFICE OF THE INSPECTOR GENERAL OFFICE OF THE INSPECTOR GENERAL TOTAL OFFICE OF THE INSPECTOR GENERAL 24 069 24 069 24 069 24 069 DEFENSE HEALTH PROGRAM IN-HOUSE CARE PRIVATE SECTOR CARE CONSOLIDATED HEALTH SUPPORT TOTAL DEFENSE HEALTH PROGRAM 65 072 296 828 3 198 365 098 65 072 296 828 3 198 365 098 409 257 409 257 TOTAL OTHER AUTHORIZATIONS TITLE XLVI—MILITARY CONSTRUCTION Sec 4601 Military construction Sec 4602 Military construction for overseas contingency operations SEC 4601 MILITARY CONSTRUCTION SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account Military Construction Army Military Construction Army Military Construction Army Military Construction Army Military Construction Army State Country and Installation Alaska Fort Wainwright Fort Wainwright Arizona Yuma Proving Ground California Military Ocean Terminal Concord Colorado Fort Carson Colorado Florida FY 2021 Request Project Title Conference Authorized Child Development Center 0 55 000 Unaccompanied Housing Personnel 0 59 000 Ready Building 14 000 14 000 Ammunition Holding Facility 0 46 000 Physical Fitness Facility 28 000 28 000 Enlisted H R 6395—1115 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account State Country and Installation FY 2021 Request Conference Authorized Planning and Design 0 8 000 Forensic Laboratory 71 000 71 000 Adv Individual Training Barracks Cplx Ph3 80 000 80 000 Child Development Center—School Age 0 65 000 Schofield Barracks Child Development Center 0 39 000 Wheeler Army Air Field Aircraft Maintenance Hangar 89 000 89 000 Italy Casmera Renato DAL Din Access Control Point 0 10 200 Louisiana Fort Polk Louisiana Information Systems Facility 25 000 25 000 Oklahoma McAlester AAP Ammunition Demolition Shop 35 000 35 000 Pennsylvania Carlisle Barracks General Instruction Building Incr2 38 000 25 540 South Carolina Fort Jackson Trainee Barracks Complex 3 Ph2 0 7 000 Training Support Facility 51 000 51 000 Host Nation Support 39 000 39 000 Planning and Design 129 436 64 436 Unspecified Minor Construction 50 900 68 900 Military Construction Army TOTAL 650 336 880 076 Military Construction Army Military Construction Army Military Construction Army Military Construction Army Military Construction Army Military Construction Army Military Construction Army Military Construction Army Military Construction Army Military Construction Army Military Construction Army Military Construction Army Military Construction Army Military Construction Army Military Construction Army Military Construction Navy Military Construction Navy Jiatf-S Operations Center Project Title Georgia Fort Gillem Fort Gordon Hawaii Fort Shafter Virginia Humphreys Engineer Center Worldwide Unspecified Unspecified Worldwide Locations Unspecified Worldwide Locations Unspecified Worldwide Locations Arizona Yuma Bachelor Enlisted Quarters Replacement 0 0 Bahrain Island SW Asia Ship to Shore Utility Services 68 340 68 340 California H R 6395—1116 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy State Country and Installation Project Title FY 2021 Request Camp Pendleton Combat Water Survival Training Faciity 0 25 200 Camp Pendleton Warehouse Consolidation ernization Mod- 0 21 800 Camp Pendleton California 1st MARDIV Operations Complex 68 530 68 530 Camp Pendleton California I MEF Consolidated Information Center Inc 37 000 37 000 Lemoore F–35C Hangar 6 Phase 2 Mod 3 4 128 070 53 000 Lemoore F–35C Simulator Facility Electrical Upgrade 59 150 59 150 Point Mugu Directed Energy Test Facility 0 26 700 Port Hueneme Combat Vehicle Maintenance Facilities 0 43 500 San Diego Pier 6 Replacement 128 500 63 500 Seal Beach Magazines 0 46 800 Twentynine Palms California El Salvador Comolapa Wastewater Treatment Plant 76 500 76 500 Long Range Maritime Patrol Aircraft Hangar and Ramp 0 28 000 Greece Souda Bay Communication Center 50 180 50 180 Guam Andersen AFB Ordnance Operations Admin 21 280 21 280 Joint Region Marianas Bachelor Enlisted Quarters H Inc 80 000 68 649 Joint Region Marianas Base Warehouse 55 410 55 410 Joint Region Marianas Central Fuel Station 35 950 35 950 Joint Region Marianas Central Issue Facility 45 290 45 290 Joint Region Marianas Combined EOD Facility 37 600 37 600 Joint Region Marianas DAR Bridge Improvements 40 180 40 180 Joint Region Marianas DAR Road Strengthening 70 760 70 760 and Conference Authorized H R 6395—1117 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy Military Construction Navy State Country and Installation Project Title FY 2021 Request Conference Authorized Joint Region Marianas Distribution Warehouse 77 930 77 930 Joint Region Marianas Individual Combat Skills Training 17 430 17 430 Joint Region Marianas Joint Communication Upgrade 166 000 22 000 Hawaii Joint Base Pearl Harbor-Hickam Waterfront Improve Wharves S1 S11– 13 S20–21 48 990 48 990 Joint Base Pearl Harbor-Hickam Waterfront Improvements Wharves S8– S10 65 910 65 910 Pier 5 Berths 2 and 3 Inc 74 692 74 692 Multi-Mission Drydock #1 Exten Ph 1 Inc 160 000 160 000 Perimeter Security 0 26 100 Range Training Complex Phase 1 29 040 29 040 II MEF Operations Center Replacement Inc 20 000 20 000 Fitness Center Replacement and Training Pool 0 51 900 Spain Rota MH–60r Squadron Support Facilities 60 110 60 110 Virginia Norfolk E–2D Training Facility 30 400 30 400 Norfolk MH60 CMV–22B Corrosion Control Paint Fac 17 671 17 671 Norfolk Sub Logistics Support 0 9 400 Planning Design 165 710 160 710 Pdi Planning Design—Indo-Pacific Command Posture Initiatives 0 7 500 Siop Planning Design 0 45 000 Unspecified Minor Construction 38 983 38 983 Japan Yokosuka Maine Kittery Nctams Lant Detachment Center Nevada Fallon North Carolina Camp Lejeune North Carolina Cherry Point Worldwide Unspecified Unspecified Worldwide Locations Unspecified Worldwide Locations Unspecified Worldwide Locations Unspecified Worldwide Locations H R 6395—1118 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account State Country and Installation FY 2021 Request Project Title Military Construction Navy TOTAL Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Conference Authorized 1 975 606 2 007 085 Laboratory 0 40 000 Consolidated Space Operations Facility Inc 2 88 000 88 000 Cadet Prepatory School Dormitory 0 0 Advanced Munitions Technology Complex 0 35 000 Stand Off Weapons Complex MSA 2 56 000 56 000 Add Alter Consolidated Communications Facility 0 0 Airfield Development Phase 1 Inc 2 20 000 39 500 Tinian Fuel Tanks With Pipeline Hydrant Sys Inc 2 7 000 0 Tinian Parking Apron Inc 2 15 000 21 500 Consolidated Communications Center 0 13 000 Weapons Storage Maintenance Facility Inc 2 25 000 0 Munitions Storage Area 22 000 22 000 Cargo Marshalling Yard 26 000 26 000 B–21 2–Bay LO Restoration Facility 0 10 000 BMT Recruit Dormitory 8 Inc 2 36 000 36 000 T-X ADAL Ground Based Trng Sys Sim 19 500 19 500 GBSD Mission Integration Facility Inc 2 68 000 68 000 California Edwards AFB Colorado Schriever AFB U S Air Force Academy Florida Eglin Guam Joint Region Marianas Illinois Scott Mariana Islands Tinian Maryland Joint Base Andrews Montana Malmstrom AFB New Jersey Joint Base McGuire-DixLakehurst Qatar Al Udeid Qatar South Dakota Ellsworth AFB Texas Joint Base San Antonio Joint Base San Antonio Utah Hill AFB Flight Test Complex Engineering H R 6395—1119 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account State Country and Installation Conference Authorized GBSD Organic Software Sustainment Center 0 18 800 Access Control Point Main Gate With Land Acq 19 500 19 500 Cost to Complete 0 0 Planning Design 296 532 116 532 Pdi Planning Design—Indo-Pacific Command Posture Initiatives 0 7 500 Unspecified Minor Construction 68 600 68 600 Weapons Storage Facility 0 12 000 Military Construction Air Force TOTAL 767 132 717 432 Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Air Force Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Hill AFB FY 2021 Request Project Title Virginia Joint Base Langley-Eustis Worldwide Unspecified Unspecified Worldwide Locations Unspecified Worldwide Locations Unspecified Worldwide Locations Unspecified Worldwide Locations Wyoming Fe Warren Alabama Anniston Army Depot Demilitarization Facility 18 000 18 000 Fort Rucker Construct 10mw Generation Microgrid 0 24 000 Alaska Fort Greely Communications Center 48 000 48 000 Arizona Fort Huachuca Laboratory Building 33 728 33 728 SOF Hangar 49 500 49 500 Arkansas Fort Smith ANG PV Arrays and Battery Storage 0 2 600 California Beale AFB Bulk Fuel Tank 22 800 22 800 Install 10 Mw Battery Energy Storage for Various Buildings 11 646 11 646 Military Ocean Microrid Concord 29 000 29 000 Solar Energy Storage System 0 0 Cogeneration Plant at B236 10 540 0 Yuma Marine Corps Air Combat Center Twenty Nine Palms Military Ocean Terminal Concord NAWS China Lake NSA Monterey Terminal H R 6395—1120 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide State Country and Installation Project Title FY 2021 Request Colorado Fort Carson Colorado SOF Tactical Equipment Maintenance Facility Conus Unspecified Conus Unspecified Training Target Structure Conference Authorized 15 600 15 600 14 400 14 400 District of Columbia Joint Base Anacostia Bolling Dia HQ Cooling Towersand Cond Pumps 0 1 963 Joint Base Anacostia Bolling Industrial Controls System Modernization 10 343 10 343 Joint Base Anacostia Bolling Industrial Controls System Modernization 0 8 749 Joint Base Anacostia Bolling PV Carports 0 25 221 SOF Combat Aircraft Parking ApronNorth 38 310 38 310 SOF Special Tactics Ops Facility 23 STS 44 810 44 810 0 17 000 Medical Center Replacement Inc 9 200 000 82 433 Smart Grid 3 490 3 490 Fuel Wharf 49 500 49 500 Yokosuka Kinnick High School Inc 30 000 0 Kentucky Fort Knox Van Voorhis Elementary School 69 310 69 310 MEDCEN Addition Alteration Incr 4 180 000 50 000 Fort Meade NSAW Recapitalize Building #3 Inc 250 000 250 000 NSA Bethesda Nsab–16 Replace Chillers 3 Through 9 0 0 NSA South Potomac CBIRF IHEODTD Housing Potable Water 18 460 18 460 Florida Hurlburt Field Hurlburt Field Georgia Fort Benning Germany Rhine Ordnance Barracks Italy NSA Naples Japan Def Fuel Support Point Tsurumi Maryland Bethesda Naval Hospital Mississippi Construct 4 8mw Microgrid Generation H R 6395—1121 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide State Country and Installation Camp Shelby FY 2021 Request Project Title 0 30 000 Hospital Replacement Inc 3 40 000 40 000 St Louis Next NGA West N2W Complex Phase 2 Inc 119 000 60 000 Whiteman AFB Install 10 Mw Combined Heat and Power Plant 17 310 17 310 Nevada Creech AFB Central Standby Generators 32 000 32 000 New Mexico Kirtland AFB Administrative Building 46 600 46 600 North Carolina Fort Bragg SOF Group Headquarters 53 100 53 100 Fort Bragg SOF Military Working Dog Facility 17 700 17 700 Fort Bragg SOF Operations Facility 43 000 43 000 Fort Bragg Sotf Chilled Water Upgrade 0 6 100 Construct Intelligence Facility Central Utility Plant 0 35 000 Hydrant Fuel System 23 500 23 500 Tennessee Memphis ANG PV Arrays and Battery Storage 0 4 780 Texas Fort Hood Texas Fuel Facilities 32 700 32 700 SOF Dcs Operations Fac and Command Center 54 500 54 500 SOF NSWG–2 Nswtg Css Facilities 58 000 58 000 Retro Air Handling Units From Constant Volume Reheat to Variable Air Volume Generation and Distribution Resiliency Improvements 611 611 9 100 9 100 Missouri Fort Leonard Wood Ohio Wright-Patterson AFB Wright-Patterson AFB Virginia Joint Expeditionary Base Little Creek— Story Joint Expeditionary Base Little Creek— Story Nmc Portsmouth Wallops Island Washington Construct 10 Mw Microgrid System Generation Conference Authorized H R 6395—1122 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account State Country and Installation Project Title FY 2021 Request Conference Authorized Joint Base LewisMcChord Fuel Facilities Lewis Main 10 900 10 900 Joint Base LewisMcChord Fuel Facilities Lewis North 10 900 10 900 Manchester Bulk Fuel Storage Tanks Phase 1 82 000 82 000 ERCIP Design 14 250 39 790 Exercise Related Minor Construction 5 840 5 840 Planning Design—Indo-Pacific Command Posture Initiatives 0 0 Planning Design—Military Installation Resiliency 0 25 000 Planning and Design 27 746 27 746 Planning and Design 10 303 10 303 Planning and Design 10 647 10 647 Unspecified Minor Construction 4 922 4 922 Unspecified Minor Construction 20 000 20 000 Unspecified Minor Construction 3 000 3 000 Unspecified Minor Construction 17 698 17 698 Unspecified Minor Construction 8 000 8 000 Planning and Design 64 406 64 406 Various Worldwide Locations Planning and Design 32 624 32 624 Various Worldwide Locations Unspecified Minor Construction 9 726 9 726 Military Construction Defense-Wide TOTAL 2 027 520 1 886 366 NATO Security Investment Program 173 030 173 030 NATO Security Investment Program TOTAL 173 030 173 030 Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide Military Construction Defense-Wide NATO Security Investment Program Worldwide Unspecified Unspecified Worldwide Locations Unspecified Worldwide Locations Unspecified Worldwide Locations Unspecified Worldwide Locations Unspecified Worldwide Locations Unspecified Worldwide Locations Unspecified Worldwide Locations Unspecified Worldwide Locations Unspecified Worldwide Locations Unspecified Worldwide Locations Unspecified Worldwide Locations Unspecified Worldwide Locations Various Worldwide Locations Worldwide Unspecified NATO Security Investment Program H R 6395—1123 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard State Country and Installation Project Title FY 2021 Request Conference Authorized Arizona Tucson National Guard Readiness Center 18 100 18 100 Arkansas Fort Chaffee National Guard Readiness Center 0 15 000 National Guard Vehicle Maintenance Shop 0 9 300 National Guard Readiness Center 15 000 15 000 National Guard Reserve Center Building Add Al 12 000 12 000 National Guard Reserve Center Building 15 000 15 000 National Guard Vehicle Maintenance Shop 10 400 10 400 National Guard Vehicle Maintenance Shop 9 300 9 300 National Guard Readiness Center 15 000 15 000 National Guard Readiness Center 15 000 15 000 National Guard Vehicle Maintenance Shop 0 9 800 Oregon Hermiston Enlisted Barracks Transient Training 9 300 9 300 Hermiston Enlisted Barracks Transient Training 0 15 735 California Bakersfield Colorado Peterson AFB Indiana Shelbyville Kentucky Frankfort Mississippi Brandon Nebraska North Platte New Jersey Joint Base McGuire-DixLakehurst Ohio Columbus Oklahoma Ardmore Puerto Rico H R 6395—1124 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account State Country and Installation Project Title FY 2021 Request Conference Authorized Fort Allen National Guard Readiness Center 37 000 37 000 South Carolina Joint Base Charleston National Guard Readiness Center 15 000 15 000 National Guard Readiness Center 11 200 11 200 Aircraft Maintenance Hangar Addition Alt 6 000 6 000 National Guard Vehicle Maintenance Shop 7 800 7 800 Utah Nephi National Guard Readiness Center 12 000 12 000 Virgin Islands St Croix Army Aviation Support Facility Aasf 28 000 28 000 St Croix CST Ready Building 11 400 11 400 National Guard Readiness Center Add Alt 11 600 11 600 Planning and Design 29 593 29 593 Unspecified Minor Construction 32 744 32 744 Military Construction Army National Guard TOTAL 321 437 371 272 ECS TEMF Warehouse 36 000 36 000 Automated Multipurpose Machine Gun Range 8 700 8 700 Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army National Guard Military Construction Army Reserve Military Construction Army Reserve Tennessee Mcminnville Texas Fort Worth Fort Worth Wisconsin Appleton Worldwide Unspecified Unspecified Worldwide Locations Unspecified Worldwide Locations Florida Gainesville Massachusetts Devens Reserve Forces Training Area North Carolina H R 6395—1125 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account State Country and Installation FY 2021 Request Project Title Conference Authorized Asheville Army Reserve Center Land 24 000 24 000 Wisconsin Fort McCoy Scout Reconnaissance Range 14 600 14 600 Fort McCoy Transient Trainee Barracks 0 2 500 Planning and Design 1 218 1 218 Unspecified Minor Construction 3 819 3 819 Military Construction Army Reserve TOTAL 88 337 90 837 Camp 39 500 39 500 Minnesota Minneapolis Joint Reserve Intel Center 0 12 800 Utah Hill AFB Naval Operational Support Center 25 010 25 010 MCNR Minor Construction 3 000 3 000 MCNR Planning Design 3 485 3 485 Military Construction Naval Reserve TOTAL 70 995 83 795 Base Supply Complex 0 12 000 F–35 Simulator Facility 11 600 11 600 Military Construction Army Reserve Military Construction Army Reserve Military Construction Army Reserve Military Construction Army Reserve Military Construction Army Reserve Military Construction Naval Reserve Military Construction Naval Reserve Military Construction Naval Reserve Military Construction Naval Reserve Military Construction Naval Reserve Military Construction Air National Guard Military Construction Air National Guard Worldwide Unspecified Unspecified Worldwide Locations Unspecified Worldwide Locations Maryland Reisterstown Worldwide Unspecified Unspecified Worldwide Locations Unspecified Worldwide Locations Alabama Montgomery Regional Airport ANG Base Montgomery Regional Airport ANG Base Guam Reserve Training Fretterd MD Center H R 6395—1126 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account State Country and Installation Conference Authorized Space Control Facility #5 20 000 20 000 Maryland Joint Base Andrews F–16 Mission Training Center 9 400 9 400 South Dakota Hector International Airport Consolidated RPA Operations Facility 0 17 500 Texas Joint Base San Antonio F–16 Mission Training Center 10 800 10 800 Worldwide Unspecified Unspecified Worldwide Locations Unspecified Minor Construction 9 000 9 000 Planning and Design 3 414 3 414 Military Construction Air National Guard TOTAL 64 214 93 714 Mainte- 0 25 000 F–35A Simulator Facility 14 200 14 200 Planning Design 3 270 3 270 Unspecified Minor Construction 5 647 5 647 Military Construction Air Force Reserve TOTAL 23 117 48 117 Family Housing New Construction 84 100 84 100 Family Housing Replacement Construction 32 000 32 000 Family Housing P D 3 300 3 300 Family Housing Construction Army TOTAL 119 400 119 400 Military Construction Air National Guard Military Construction Air National Guard Military Construction Air National Guard Military Construction Air National Guard Military Construction Air National Guard Military Construction Air National Guard Military Construction Air Force Reserve Military Construction Air Force Reserve Military Construction Air Force Reserve Military Construction Air Force Reserve Family Housing Construction Army Family Housing Construction Army Family Housing Construction Army Joint Region Marianas FY 2021 Request Project Title Various Worldwide Locations Texas Fort Worth Fort Worth Worldwide Unspecified Unspecified Worldwide Locations Unspecified Worldwide Locations Italy Vicenza Kwajalein Kwajalein Atoll Worldwide Unspecified Unspecified Worldwide Locations F–35 Squadron nance Unit Ops Aircraft H R 6395—1127 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account State Country and Installation Worldwide Unspecified Unspecified Worldwide Locations Project Title FY 2021 Request Conference Authorized Furnishings 18 004 18 004 Unspecified Worldwide Locations Housing Privitization Support 37 948 63 948 Unspecified Worldwide Locations Leasing 123 841 123 841 Unspecified Worldwide Locations Maintenance 97 789 97 789 Unspecified Worldwide Locations Management 39 716 39 716 Unspecified Worldwide Locations Miscellaneous 526 526 Unspecified Worldwide Locations Services 8 135 8 135 Unspecified Worldwide Locations Utilities 41 183 41 183 Family Housing Operation And Maintenance Army TOTAL 367 142 393 142 Construction Improvements 37 043 37 043 Unspecified Worldwide Locations Planning Design 3 128 3 128 Unspecified Worldwide Locations USMC DPRI Guam Planning and Design 2 726 2 726 Family Housing Construction Navy And Marine Corps TOTAL 42 897 42 897 17 977 17 977 Family Housing Operation And Maintenance Army Family Housing Operation And Maintenance Army Family Housing Operation And Maintenance Army Family Housing Operation And Maintenance Army Family Housing Operation And Maintenance Army Family Housing Operation And Maintenance Army Family Housing Operation And Maintenance Army Family Housing Operation And Maintenance Army Family Housing Construction Navy And Marine Corps Family Housing Construction Navy And Marine Corps Family Housing Construction Navy And Marine Corps Family Housing Operation And Maintenance Navy And Marine Corps Worldwide Unspecified Unspecified Worldwide Locations Worldwide Unspecified Unspecified Worldwide Locations Furnishings H R 6395—1128 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account State Country and Installation Project Title Family Housing Operation And Maintenance Navy And Marine Corps Family Housing Operation And Maintenance Navy And Marine Corps Family Housing Operation And Maintenance Navy And Marine Corps Family Housing Operation And Maintenance Navy And Marine Corps Family Housing Operation And Maintenance Navy And Marine Corps Family Housing Operation And Maintenance Navy And Marine Corps Family Housing Operation And Maintenance Navy And Marine Corps Unspecified Worldwide Locations Housing Privatization Support 53 700 78 700 Unspecified Worldwide Locations Leasing 62 658 62 658 Unspecified Worldwide Locations Maintenance 85 630 85 630 Unspecified Worldwide Locations Management 51 006 51 006 Unspecified Worldwide Locations Miscellaneous 350 350 Unspecified Worldwide Locations Services 16 743 16 743 Unspecified Worldwide Locations Utilities 58 429 58 429 Family Housing Operation And Maintenance Navy And Marine Corps TOTAL 346 493 371 493 Construction Improvements 94 245 94 245 Planning Design 2 969 2 969 Family Housing Construction Air Force TOTAL 97 214 97 214 25 805 25 805 Family Housing Construction Air Force Family Housing Construction Air Force Family Housing Operation And Maintenance Air Force Worldwide Unspecified Unspecified Worldwide Locations Unspecified Worldwide Locations Worldwide Unspecified Unspecified Worldwide Locations Furnishings FY 2021 Request Conference Authorized H R 6395—1129 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account State Country and Installation Project Title Family Housing Operation And Maintenance Air Force Family Housing Operation And Maintenance Air Force Family Housing Operation And Maintenance Air Force Family Housing Operation And Maintenance Air Force Family Housing Operation And Maintenance Air Force Family Housing Operation And Maintenance Air Force Family Housing Operation And Maintenance Air Force Unspecified Worldwide Locations Housing Privatization 23 175 32 175 Unspecified Worldwide Locations Leasing 9 318 9 318 Unspecified Worldwide Locations Maintenance 140 666 140 666 Unspecified Worldwide Locations Management 64 732 64 732 Unspecified Worldwide Locations Miscellaneous 2 184 2 184 Unspecified Worldwide Locations Services 7 968 7 968 Unspecified Worldwide Locations Utilities 43 173 43 173 Family Housing Operation And Maintenance Air Force TOTAL 317 021 326 021 Furnishings 645 645 Unspecified Worldwide Locations Furnishings 82 82 Unspecified Worldwide Locations Leasing 36 860 36 860 Unspecified Worldwide Locations Leasing 12 996 12 996 Unspecified Worldwide Locations Maintenance 32 32 Family Housing Operation And Maintenance Defense-Wide Family Housing Operation And Maintenance Defense-Wide Family Housing Operation And Maintenance Defense-Wide Family Housing Operation And Maintenance Defense-Wide Family Housing Operation And Maintenance Defense-Wide Worldwide Unspecified Unspecified Worldwide Locations FY 2021 Request Conference Authorized H R 6395—1130 SEC 4601 MILITARY CONSTRUCTION In Thousands of Dollars Account State Country and Installation Project Title Family Housing Operation And Maintenance Defense-Wide Family Housing Operation And Maintenance Defense-Wide Unspecified Worldwide Locations Utilities 13 13 Unspecified Worldwide Locations Utilities 4 100 4 100 Family Housing Operation And Maintenance Defense-Wide TOTAL 54 728 54 728 Administrative Expenses—FHIF 5 897 5 897 DOD Family Housing Improvement Fund TOTAL 5 897 5 897 Administrative Expenses—UHIF 600 600 Unaccompanied Housing Improvement Fund TOTAL 600 600 Base Realignment and Closure 66 060 66 060 Unspecified Worldwide Locations Base Realignment Closure 125 165 125 165 Unspecified Worldwide Locations Dod BRAC Activities—Air Force 109 222 109 222 Base Realignment and Closure TOTAL 300 447 300 447 DOD Family Housing Improvement Fund Unaccompanied Housing Improvement Fund Base Realignment and Closure— Army Base Realignment and Closure— Navy Base Realignment and Closure—Air Force Worldwide Unspecified Unspecified Worldwide Locations Worldwide Unspecified Unspecified Worldwide Locations Worldwide Unspecified Base Realignment Closure Army FY 2021 Request Conference Authorized SEC 4602 MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS SEC 4602 MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars Service Army Army Navy Navy State Country and Installation Worldwide Unspecified Unspecified Worldwide Locations Unspecified Worldwide Locations Spain Rota Rota Worldwide Unspecified Project FY 2021 Request Conference Authorized EDI Minor Construction 3 970 3 970 EDI Planning and Design 11 903 11 903 EDI EOD Boat Shop EDI Expeditionary Maintenance Facility 31 760 27 470 31 760 27 470 H R 6395—1131 SEC 4602 MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS In Thousands of Dollars Service State Country and Installation Navy Unspecified Worldwide Locations Germany Ramstein Spangdahlem AB Romania Campia Turzii Campia Turzii Campia Turzii Campia Turzii Worldwide Unspecified Unspecified Worldwide Locations Various Worldwide Locations AF AF AF AF AF AF AF AF FY 2021 Request Project Conference Authorized Planning Design 10 790 10 790 EDI Rapid Airfield Damage Repair Storage EDI Rapid Airfield Damage Repair Storage 36 345 25 824 36 345 25 824 EDI EDI EDI EDI Dangerous Cargo Pad ECAOS DABS-FEV Storage Complex Parking Apron POL Increase Capacity 11 000 68 000 19 500 32 000 11 000 68 000 19 500 32 000 EDI Unspecified Minor Military Construction EDI Planning Design 16 400 16 400 54 800 54 800 TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec 4701 Department of energy national security programs SEC 4701 DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS SEC 4701 DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS In Thousands of Dollars Program FY 2021 Request Conference Authorized Discretionary Summary By Appropriation Energy And Water Development And Related Agencies Appropriation Summary Energy Programs Nuclear Energy 137 800 137 800 Atomic Energy Defense Activities National nuclear security administration Weapons activities Defense nuclear nonproliferation Naval reactors Federal salaries and expenses Total National nuclear security administration 15 602 000 2 031 000 1 684 000 454 000 19 771 000 15 550 428 2 041 000 1 684 000 454 000 19 729 428 Environmental and other defense activities Defense environmental cleanup Other defense activities Total Environmental other defense activities Total Atomic Energy Defense Activities Total Discretionary Funding 4 983 608 1 054 727 6 038 335 25 809 335 25 947 135 5 815 767 901 048 6 716 815 26 446 243 26 584 043 Nuclear Energy Idaho sitewide safeguards and security Total Nuclear Energy 137 800 137 800 137 800 137 800 Stockpile Management Stockpile Major Modernization B61–12 Life extension program W76–2 Modification program W88 Alt 370 W80–4 Life extension program W87–1 Modification Program 815 710 0 256 922 1 000 314 541 000 815 710 0 256 922 1 000 314 541 000 H R 6395—1132 SEC 4701 DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS In Thousands of Dollars Program FY 2021 Request Conference Authorized W93 Total Stockpile Major Modernization 53 000 2 666 946 53 000 2 666 946 Stockpile services Production Operations Stockpile Sustainment Weapons Dismantlement and Disposition Subtotal Stockpile Services Total Stockpile Management 568 941 998 357 50 000 1 617 298 4 284 244 568 941 998 357 50 000 1 617 298 4 284 244 610 599 610 599 226 000 226 000 836 599 836 599 200 000 200 000 241 896 241 896 441 896 90 782 1 369 277 67 370 1 436 647 457 004 457 112 107 137 2 457 900 441 896 90 782 1 369 277 67 370 1 436 647 457 004 457 112 107 137 2 457 900 773 111 337 404 554 725 732 014 297 965 86 912 773 111 337 404 554 725 732 014 297 965 86 912 2 782 131 2 782 131 1 014 000 165 354 792 000 1 014 000 165 354 755 428 670 000 149 117 84 787 903 904 670 000 149 117 84 787 903 904 31 000 31 000 Weapons Activities Production Modernization Primary Capability Modernization Plutonium Modernization Los Alamos Plutonium Modernization Los Alamos Plutonium Operations 21–D–512 Plutonium Pit Production Project LANL Subtotal Los Alamos Plutonium Modernization Savannah River Plutonium Modernization Savannah River Plutonium Operations 21–D–511 Savannah River Plutonium Processing Facility SRS Subtotal Savannah River Plutonium Modernization Enterprise Plutonium Support Total Plutonium Modernization High Explosives and Energetics Total Primary Capability Modernization Secondary Capability Modernization Tritium and Domestic Uranium Enrichment Non-Nuclear Capability Modernization Total Production Modernization Stockpile Research Technology and Engineering Assessment Science Engineering and Integrated Assessments Inertial Confinement Fusion Advanced Simulation and Computing Weapon Technology and Manufacturing Maturation Academic Programs Total Stockpile Research Technology and Engineering Infrastructure and Operations Operations of facilities Safety and environmental operations Maintenance and repair of facilities Recapitalization Infrastructure and safety Capability based investments Planning for Programmatic Construction Pre-CD–1 Total Recapitalization Construction 21–D–510 HE Synthesis Formulation and Production PX H R 6395—1133 SEC 4701 DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS In Thousands of Dollars Program 19–D–670 138kV Power Transmission System Replacement NNSS 18–D–690 Lithium Processing Facility Y–12 18–D–620 Exascale Computing Facility Modernization Project LLNL 18–D–650 Tritium Finishing Facility SRS 17–D–640 U1a Complex Enhancements Project NNSS 15–D–612 Emergency Operations Center LLNL 15–D–611 Emergency Operations Center SNL 15–D–302 TA–55 Reinvestments Project Phase 3 LANL 15–D–301 HE Science Engineering Facility PX 07–D–220-04 Transuranic Liquid Waste Facility LANL 06–D–141 Uranium processing facility Y–12 Oak Ridge TN 04–D–125 Chemistry and Metallurgy Research Replacement Project LANL Total Construction Total Infrastructure and operations Secure transportation asset Operations and equipment Program direction Total Secure transportation asset FY 2021 Request Conference Authorized 59 000 109 405 59 000 109 405 29 200 27 000 29 200 27 000 160 600 27 000 36 000 160 600 27 000 36 000 30 000 43 000 30 000 43 000 36 687 36 687 750 000 750 000 169 427 1 508 319 4 383 577 169 427 1 508 319 4 347 005 266 390 123 684 390 074 266 390 123 684 390 074 Defense Nuclear Security Operations and maintenance Construction 17–D–710 West end protected area reduction project Y–12 Total Defense nuclear security 815 895 800 895 11 000 826 895 11 000 800 895 Information technology and cybersecurity 375 511 375 511 Legacy contractor pensions Total Weapons Activities 101 668 15 602 000 101 668 15 550 428 Defense Nuclear Nonproliferation Defense Nuclear Nonproliferation Programs Global material security International nuclear security Domestic radiological security Container breach in Seattle WA International radiological security Nuclear smuggling detection and deterrence Total Global material security 73 340 159 749 400 480 66 391 131 000 30 000 73 340 159 749 430 480 Material management and minimization HEU reactor conversion Nuclear material removal Material disposition Total Material management minimization 170 000 40 000 190 711 400 711 110 000 40 000 190 711 340 711 Nonproliferation and arms control 138 708 138 708 National Technical Nuclear Forensics R D 40 000 40 000 66 391 101 000 H R 6395—1134 SEC 4701 DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS In Thousands of Dollars Program FY 2021 Request Conference Authorized Defense nuclear nonproliferation R D Proliferation Detection Nuclear verification and detection next-gen technologies Nuclear Detonation Detection Nonproliferation Stewardship Program LEU Research and Development LEU R D for Naval Pressurized Water Reactors Total Defense nuclear nonproliferation R D 531 651 Nonproliferation Construction 18–D–150 Surplus Plutonium Disposition Project SRS Total Nonproliferation construction Total Defense Nuclear Nonproliferation Programs 148 589 148 589 1 660 139 148 589 148 589 1 670 139 Legacy contractor pensions Nuclear counterterrorism and incident response program Use of Prior Year Balances Total Defense Nuclear Nonproliferation 14 348 377 513 –21 000 2 031 000 14 348 377 513 –21 000 2 041 000 590 306 64 700 135 000 506 294 590 306 64 700 135 000 506 294 235 220 236 531 59 900 0 255 220 20 000 236 531 59 900 20 000 20 000 571 651 Naval Reactors Naval reactors development Columbia-Class reactor systems development S8G Prototype refueling Naval reactors operations and infrastructure Construction 21–D–530 KL Steam and Condensate Upgrades 14–D–901 Spent fuel handling recapitalization project NRF Total Construction Program direction Total Naval Reactors 4 000 4 000 330 000 334 000 53 700 1 684 000 330 000 334 000 53 700 1 684 000 Federal Salaries And Expenses Program direction Total Office Of The Administrator 454 000 454 000 454 000 454 000 Defense Environmental Cleanup Closure sites Closure sites administration 4 987 4 987 Richland River corridor and other cleanup operations Program restoration Central plateau remediation Program restoration Richland community and regulatory support Program restoration Total Hanford site 555 784 Office of River Protection Waste Treatment Immobilization Plant Commissioning Rad liquid tank waste stabilization and disposition Tank farm activities 50 000 597 757 0 54 949 498 335 2 500 235 949 180 000 658 335 160 000 10 100 7 600 904 384 50 000 775 000 H R 6395—1135 SEC 4701 DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS In Thousands of Dollars Program FY 2021 Request Conference Authorized Construction 18–D–16 Waste treatment and immobilization plant—LBL Direct feed LAW Program restoration 01–D–16 D High-Level Waste Facility Total Construction Total Office of River Protection 609 924 1 257 681 776 000 1 601 000 Idaho National Laboratory Idaho cleanup and waste disposition Idaho community and regulatory support Total Idaho National Laboratory 257 554 2 400 259 954 257 554 2 400 259 954 1 764 15 000 60 737 4 860 120 000 609 924 776 000 166 076 NNSA sites and Nevada off-sites Lawrence Livermore National Laboratory Separations Process Research Unit Nevada Sandia National Laboratories Los Alamos National Laboratory Execute achievable scope of work Total NNSA sites and Nevada off-sites 202 361 1 764 15 000 60 737 4 860 220 000 100 000 302 361 Oak Ridge Reservation OR Nuclear facility D D Total OR Nuclear facility D D 109 077 109 077 109 077 109 077 45 000 58 000 45 000 58 000 U233 Disposition Program OR cleanup and disposition Construction 17–D–401 On-site waste disposal facility 14–D–403 Outfall 200 Mercury Treatment Facility Total Construction Total OR cleanup and waste disposition 22 380 22 380 20 500 42 880 145 880 20 500 42 880 145 880 OR community regulatory support OR technology development and deployment Total Oak Ridge Reservation 4 930 3 000 262 887 4 930 3 000 262 887 Savannah River Sites Savannah River risk management operations Savannah River risk management operations H-Canyon not placed into stand-by condition Total risk management operations 455 122 495 122 40 000 495 122 455 122 SR community and regulatory support Secure payment in lieu of taxes funding Radioactive liquid tank waste stabilization and disposition Construction 20-D–402 Advanced Manufacturing Collaborative Facility AMC 18–D–402 Saltstone Disposal Unit #8 9 17–D–402 Saltstone Disposal Unit #7 Total Construction Total Savannah River site 4 989 11 489 6 500 970 332 964 072 25 000 65 500 10 716 101 216 1 531 659 25 000 65 500 10 716 101 216 1 571 899 Waste Isolation Pilot Plant Waste Isolation Pilot Plant 323 260 323 260 H R 6395—1136 SEC 4701 DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS In Thousands of Dollars Program Construction 15–D–412 Utility Saft 21–D–401 Hoisting Capability Project Total Construction Total Waste Isolation Pilot Plant FY 2021 Request Conference Authorized 50 000 10 000 60 000 383 260 50 000 10 000 60 000 383 260 Program direction Program support Technology development Safeguards and Security Safeguards and Security Total Safeguards and Security 275 285 12 979 25 000 275 285 12 979 25 000 320 771 320 771 320 771 320 771 Prior year balances credited Total Defense Environmental Cleanup –109 000 4 983 608 –109 000 5 815 767 Other Defense Activities Environment health safety and security Environment health safety and security Program direction Total Environment Health safety and security 134 320 75 368 209 688 134 320 75 368 209 688 Independent enterprise assessments Independent enterprise assessments Program direction Total Independent enterprise assessments 26 949 54 635 81 584 26 949 54 635 81 584 Specialized security activities 258 411 258 411 293 873 Office of Legacy Management Legacy management Rejection of proposed transfer Program direction Total Office of Legacy Management 23 120 316 993 140 194 –153 679 23 120 163 314 Defense related administrative support 183 789 183 789 Office of hearings and appeals Subtotal Other defense activities Total Other Defense Activities 4 262 1 054 727 1 054 727 4 262 901 048 901 048 DIVISION E—NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020 SEC 5001 SHORT TITLE This division may be cited as the ‘‘National Artificial Intelligence Initiative Act of 2020’’ SEC 5002 DEFINITIONS In this division 1 ADVISORY COMMITTEE —The term ‘‘Advisory Committee’’ means the National Artificial Intelligence Advisory Committee established under section 5104 a 2 AGENCY HEAD —The term ‘‘agency head’’ means the head of any Executive agency as defined in section 105 of title 5 United States Code H R 6395—1137 3 ARTIFICIAL INTELLIGENCE —The term ‘‘artificial intelligence’’ means a machine-based system that can for a given set of human-defined objectives make predictions recommendations or decisions influencing real or virtual environments Artificial intelligence systems use machine and humanbased inputs to— A perceive real and virtual environments B abstract such perceptions into models through analysis in an automated manner and C use model inference to formulate options for information or action 4 COMMUNITY COLLEGE —The term ‘‘community college’’ means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate’s degree including 2-year Tribal Colleges or Universities under section 316 of the Higher Education Act of 1965 20 U S C 1059c and public 2-year State institutions of higher education 5 INITIATIVE —The term ‘‘Initiative’’ means the National Artificial Intelligence Initiative established under section 5101 a 6 INITIATIVE OFFICE —The term ‘‘Initiative Office’’ means the National Artificial Intelligence Initiative Office established under section 5102 a 7 INSTITUTE —The term ‘‘Institute’’ means an Artificial Intelligence Research Institute described in section 5201 b 2 8 INSTITUTION OF HIGHER EDUCATION —The term ‘‘institution of higher education’’ has the meaning given the term in section 101 and section 102 c of the Higher Education Act of 1965 20 U S C 1001 9 INTERAGENCY COMMITTEE —The term ‘‘Interagency Committee’’ means the interagency committee established under section 5103 a 10 K-12 EDUCATION —The term ‘‘K-12 education’’ means elementary school and secondary school education provided by local educational agencies as such agencies are defined in section 8101 of the Elementary and Secondary Education Act of 1965 20 U S C 7801 11 MACHINE LEARNING —The term ‘‘machine learning’’ means an application of artificial intelligence that is characterized by providing systems the ability to automatically learn and improve on the basis of data or experience without being explicitly programmed TITLE LI—NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE Sec Sec Sec Sec Sec Sec 5101 5102 5103 5104 5105 5106 National Artificial Intelligence Initiative National Artificial Intelligence Initiative Office Coordination by Interagency Committee National Artificial Intelligence Advisory Committee National Academies artificial intelligence impact study on workforce National AI Research Resource Task Force SEC 5101 NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE a ESTABLISHMENT PURPOSES —The President shall establish and implement an initiative to be known as the ‘‘National Artificial Intelligence Initiative’’ The purposes of the Initiative shall be to— H R 6395—1138 1 ensure continued United States leadership in artificial intelligence research and development 2 lead the world in the development and use of trustworthy artificial intelligence systems in the public and private sectors 3 prepare the present and future United States workforce for the integration of artificial intelligence systems across all sectors of the economy and society and 4 coordinate ongoing artificial intelligence research development and demonstration activities among the civilian agencies the Department of Defense and the Intelligence Community to ensure that each informs the work of the others b INITIATIVE ACTIVITIES —In carrying out the Initiative the President acting through the Initiative Office the Interagency Committee and agency heads as the President considers appropriate shall carry out activities that include the following 1 Sustained and consistent support for artificial intelligence research and development through grants cooperative agreements testbeds and access to data and computing resources 2 Support for K-12 education and postsecondary educational programs including workforce training and career and technical education programs and informal education programs to prepare the American workforce and the general public to be able to create use and interact with artificial intelligence systems 3 Support for interdisciplinary research education and workforce training programs for students and researchers that promote learning in the methods and systems used in artificial intelligence and foster interdisciplinary perspectives and collaborations among subject matter experts in relevant fields including computer science mathematics statistics engineering social sciences health psychology behavioral science ethics security legal scholarship and other disciplines that will be necessary to advance artificial intelligence research and development responsibly 4 Interagency planning and coordination of Federal artificial intelligence research development demonstration standards engagement and other activities under the Initiative as appropriate 5 Outreach to diverse stakeholders including citizen groups industry and civil rights and disability rights organizations to ensure public input is taken into account in the activities of the Initiative 6 Leveraging existing Federal investments to advance objectives of the Initiative 7 Support for a network of interdisciplinary artificial intelligence research institutes as described in section 5201 b 7 B 8 Support opportunities for international cooperation with strategic allies as appropriate on the research and development assessment and resources for trustworthy artificial intelligence systems c LIMITATION —The Initiative shall not impact sources and methods as determined by the Director of National Intelligence d RULES OF CONSTRUCTION —Nothing in this division shall be construed as— H R 6395—1139 1 modifying any authority or responsibility including any operational authority or responsibility of any head of a Federal department or agency with respect to intelligence or the intelligence community as those terms are defined in 50 U S C 3003 2 authorizing the Initiative or anyone associated with its derivative efforts to approve interfere with direct or to conduct an intelligence activity resource or operation or 3 authorizing the Initiative or anyone associated with its derivative efforts to modify the classification of intelligence information e SUNSET —The Initiative established in this division shall terminate on the date that is 10 years after the date of enactment of this Act SEC 5102 NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE OFFICE a IN GENERAL —The Director of the Office of Science and Technology Policy shall establish or designate and appoint a director of an office to be known as the ‘‘National Artificial Intelligence Initiative Office’’ to carry out the responsibilities described in subsection b with respect to the Initiative The Initiative Office shall have sufficient staff to carry out such responsibilities including staff detailed from the Federal departments and agencies described in section 5103 c as appropriate b RESPONSIBILITIES —The Director of the Initiative Office shall— 1 provide technical and administrative support to the Interagency Committee and the Advisory Committee 2 serve as the point of contact on Federal artificial intelligence activities for Federal departments and agencies industry academia nonprofit organizations professional societies State governments and such other persons as the Initiative Office considers appropriate to exchange technical and programmatic information 3 conduct regular public outreach to diverse stakeholders including civil rights and disability rights organizations and 4 promote access to the technologies innovations best practices and expertise derived from Initiative activities to agency missions and systems across the Federal Government c FUNDING ESTIMATE —The Director of the Office of Science and Technology Policy in coordination with each participating Federal department and agency as appropriate shall develop and annually update an estimate of the funds necessary to carry out the activities of the Initiative Coordination Office and submit such estimate with an agreed summary of contributions from each agency to Congress as part of the President’s annual budget request to Congress SEC 5103 COORDINATION BY INTERAGENCY COMMITTEE a INTERAGENCY COMMITTEE —The Director of the Office of Science and Technology Policy acting through the National Science and Technology Council shall establish or designate an Interagency Committee to coordinate Federal programs and activities in support of the Initiative b CO-CHAIRS —The Interagency Committee shall be co-chaired by the Director of the Office of Science and Technology Policy H R 6395—1140 and on an annual rotating basis a representative from the Department of Commerce the National Science Foundation or the Department of Energy as selected by the Director of the Office of Science and Technology Policy c AGENCY PARTICIPATION —The Committee shall include representatives from Federal agencies as considered appropriate by determination and agreement of the Director of the Office of Science and Technology Policy and the head of the affected agency d RESPONSIBILITIES —The Interagency Committee shall— 1 provide for interagency coordination of Federal artificial intelligence research development and demonstration activities and education and workforce training activities and programs of Federal departments and agencies undertaken pursuant to the Initiative 2 not later than 2 years after the date of the enactment of this Act develop a strategic plan for artificial intelligence to be updated not less than every 3 years that establishes goals priorities and metrics for guiding and evaluating how the agencies carrying out the Initiative will— A determine and prioritize areas of artificial intelligence research development and demonstration requiring Federal Government leadership and investment B support long-term funding for interdisciplinary artificial intelligence research development demonstration and education C support research and other activities on ethical legal environmental safety security bias and other appropriate societal issues related to artificial intelligence D provide or facilitate the availability of curated standardized secure representative aggregate and privacy-protected data sets for artificial intelligence research and development E provide or facilitate the necessary computing networking and data facilities for artificial intelligence research and development F support and coordinate Federal education and workforce training activities related to artificial intelligence and G support and coordinate the network of artificial intelligence research institutes described in section 5201 b 7 B 3 as part of the President’s annual budget request to Congress propose an annually coordinated interagency budget for the Initiative to the Office of Management and Budget that is intended to ensure that the balance of funding across the Initiative is sufficient to meet the goals and priorities established for the Initiative and 4 in carrying out this section take into consideration the recommendations of the Advisory Committee existing reports on related topics and the views of academic State industry and other appropriate groups e ANNUAL REPORT —For each fiscal year beginning with fiscal year 2022 not later than 90 days after submission of the President’s annual budget request for such fiscal year the Interagency Committee shall prepare and submit to the Committee on Science Space and Technology the Committee on Energy and Commerce H R 6395—1141 the Committee on Transportation and Infrastructure the Committee on Armed Services the House Permanent Select Committee on Intelligence the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives and the Committee on Commerce Science and Transportation the Committee on Health Education Labor and Pensions the Committee on Energy and Natural Resources the Committee on Homeland Security and Governmental Affairs the Committee on Armed Services the Senate Select Committee on Intelligence the Committee on the Judiciary and the Committee on Appropriations of the Senate a report that includes a summarized budget in support of the Initiative for such fiscal year and the preceding fiscal year including a disaggregation of spending and a description of any Institutes established under section 5201 for the Department of Commerce the Department of Defense the Department of Energy the Department of Agriculture the Department of Health and Human Services and the National Science Foundation SEC 5104 NATIONAL ARTIFICIAL INTELLIGENCE ADVISORY COMMITTEE a IN GENERAL —The Secretary of Commerce shall in consultation with the Director of the Office of Science and Technology Policy the Secretary of Defense the Secretary of Energy the Secretary of State the Attorney General and the Director of National Intelligence establish an advisory committee to be known as the ‘‘National Artificial Intelligence Advisory Committee’’ b QUALIFICATIONS —The Advisory Committee shall consist of members appointed by the Secretary of Commerce who are representing broad and interdisciplinary expertise and perspectives including from academic institutions companies across diverse sectors nonprofit and civil society entities including civil rights and disability rights organizations and Federal laboratories who are representing geographic diversity and who are qualified to provide advice and information on science and technology research development ethics standards education technology transfer commercial application security and economic competitiveness related to artificial intelligence c MEMBERSHIP CONSIDERATION —In selecting the members of the Advisory Committee the Secretary of Commerce shall seek and give consideration to recommendations from Congress industry nonprofit organizations the scientific community including the National Academies of Sciences Engineering and Medicine scientific professional societies and academic institutions the defense and law enforcement communities and other appropriate organizations d DUTIES —The Advisory Committee shall advise the President and the Initiative Office on matters related to the Initiative including recommendations related to— 1 the current state of United States competitiveness and leadership in artificial intelligence including the scope and scale of United States investments in artificial intelligence research and development in the international context 2 the progress made in implementing the Initiative including a review of the degree to which the Initiative has achieved the goals according to the metrics established by the Interagency Committee under section 5103 d 2 H R 6395—1142 3 the state of the science around artificial intelligence including progress toward artificial general intelligence 4 issues related to artificial intelligence and the United States workforce including matters relating to the potential for using artificial intelligence for workforce training the possible consequences of technological displacement and supporting workforce training opportunities for occupations that lead to economic self-sufficiency for individuals with barriers to employment and historically underrepresented populations including minorities Indians as defined in 25 U S C 5304 low-income populations and persons with disabilities 5 how to leverage the resources of the initiative to streamline and enhance operations in various areas of government operations including health care cybersecurity infrastructure and disaster recovery 6 the need to update the Initiative 7 the balance of activities and funding across the Initiative 8 whether the strategic plan developed or updated by the Interagency Committee established under section 5103 d 2 is helping to maintain United States leadership in artificial intelligence 9 the management coordination and activities of the Initiative 10 whether ethical legal safety security and other appropriate societal issues are adequately addressed by the Initiative 11 opportunities for international cooperation with strategic allies on artificial intelligence research activities standards development and the compatibility of international regulations 12 accountability and legal rights including matters relating to oversight of artificial intelligence systems using regulatory and nonregulatory approaches the responsibility for any violations of existing laws by an artificial intelligence system and ways to balance advancing innovation while protecting individual rights and 13 how artificial intelligence can enhance opportunities for diverse geographic regions of the United States including urban Tribal and rural communities e SUBCOMMITTEE ON ARTIFICIAL INTELLIGENCE AND LAW ENFORCEMENT — 1 ESTABLISHMENT —The chairperson of the Advisory Committee shall establish a subcommittee on matters relating to the development of artificial intelligence relating to law enforcement matters 2 ADVICE —The subcommittee shall provide advice to the President on matters relating to the development of artificial intelligence relating to law enforcement including advice on the following A Bias including whether the use of facial recognition by government authorities including law enforcement agencies is taking into account ethical considerations and addressing whether such use should be subject to additional oversight controls and limitations B Security of data including law enforcement’s access to data and the security parameters for that data H R 6395—1143 C Adoptability including methods to allow the United States Government and industry to take advantage of artificial intelligence systems for security or law enforcement purposes while at the same time ensuring the potential abuse of such technologies is sufficiently mitigated D Legal standards including those designed to ensure the use of artificial intelligence systems are consistent with the privacy rights civil rights and civil liberties and disability rights issues raised by the use of these technologies f REPORTS —Not later than 1 year after the date of the enactment of this Act and not less frequently than once every 3 years thereafter the Advisory Committee shall submit to the President the Committee on Science Space and Technology the Committee on Energy and Commerce the House Permanent Select Committee on Intelligence the Committee on the Judiciary and the Committee on Armed Services of the House of Representatives and the Committee on Commerce Science and Transportation the Senate Select Committee on Intelligence the Committee on Homeland Security and Governmental Affairs the Committee on the Judiciary and the Committee on Armed Services of the Senate a report on the Advisory Committee’s findings and recommendations under subsection d and subsection e g TRAVEL EXPENSES OF NON-FEDERAL MEMBERS —Non-Federal members of the Advisory Committee while attending meetings of the Advisory Committee or while otherwise serving at the request of the head of the Advisory Committee away from their homes or regular places of business may be allowed travel expenses including per diem in lieu of subsistence as authorized by section 5703 of title 5 United States Code for individuals in the Government serving without pay Nothing in this subsection shall be construed to prohibit members of the Advisory Committee who are officers or employees of the United States from being allowed travel expenses including per diem in lieu of subsistence in accordance with existing law h FACA EXEMPTION —The Secretary of Commerce shall charter the Advisory Committee in accordance with the Federal Advisory Committee Act 5 U S C App except that the Advisory Committee shall be exempt from section 14 of such Act SEC 5105 NATIONAL ACADEMIES ARTIFICIAL INTELLIGENCE IMPACT STUDY ON WORKFORCE a IN GENERAL —Not later than 90 days after the date of the enactment of this Act the National Science Foundation shall enter into a contract with the National Research Council of the National Academies of Sciences Engineering and Medicine to conduct a study of the current and future impact of artificial intelligence on the workforce of the United States across sectors b CONTENTS —The study shall address— 1 workforce impacts across sectors caused by the increased adoption of artificial intelligence automation and other related trends 2 workforce needs and employment opportunities generated by the increased adoption of artificial intelligence across sectors 3 research gaps and data needed to better understand and track paragraphs 1 and 2 and H R 6395—1144 4 recommendations to address the challenges and opportunities described in paragraphs 1 2 and 3 c STAKEHOLDERS —In conducting the study the National Academies of Sciences Engineering and Medicine shall seek input from a wide range of stakeholders in the public and private sectors d REPORT TO CONGRESS —The contract entered into under subsection a shall require the National Academies of Sciences Engineering and Medicine not later than 2 years after the date of the enactment of this Act to— 1 submit to the Committee on Science Space and Technology and the Committee on Education and Labor of the House of Representatives and the Committee on Commerce Science and Transportation and the Committee on Health Education Pension and Labor of the Senate a report containing the findings and recommendations of the study conducted under subsection a and 2 make a copy of such report available on a publicly accessible website SEC 5106 NATIONAL AI RESEARCH RESOURCE TASK FORCE a ESTABLISHMENT OF TASK FORCE — 1 ESTABLISHMENT — A IN GENERAL —The Director of the National Science Foundation in coordination with the Office of Science and Technology Policy shall establish a task force— i to investigate the feasibility and advisability of establishing and sustaining a National Artificial Intelligence Research Resource and ii to propose a roadmap detailing how such resource should be established and sustained B DESIGNATION —The task force established by subparagraph A shall be known as the ‘‘National Artificial Intelligence Research Resource Task Force’’ in this section referred to as the ‘‘Task Force’’ 2 MEMBERSHIP — A COMPOSITION —The Task Force shall be composed of 12 members selected by the co-chairpersons of the Task Force from among technical experts in artificial intelligence or related subjects of whom— i 4 shall be representatives from the Interagency Committee established in section 5103 including the co-chairpersons of the Task Force ii 4 shall be representatives from institutions of higher education and iii 4 shall be representatives from private organizations B APPOINTMENT —Not later than 120 days after enactment of this Act the co-chairpersons of the Task Force shall appoint members to the Task Force pursuant to subparagraph A C TERM OF APPOINTMENT —Members of the Task Force shall be appointed for the life of the Task Force D VACANCY —Any vacancy occurring in the membership of the Task Force shall be filled in the same manner in which the original appointment was made E CO-CHAIRPERSONS —The Director of the Office of Science and Technology Policy and the Director of the H R 6395—1145 National Sciences Foundation or their designees shall be the co-chairpersons of the Task Force If the role of the Director of the National Science Foundation is vacant the Chair of the National Science Board shall act as a cochairperson of the Task Force F EXPENSES FOR NON-FEDERAL MEMBERS — i Except as provided in clause ii non-Federal Members of the Task Force shall not receive compensation for their participation on the Task Force ii Non-Federal Members of the Task Force shall be allowed travel expenses including per diem in lieu of subsistence at rates authorized for employees under subchapter I of chapter 57 of title 5 United States Code while away from their homes or regular places of business in the performance of services for the Task Force b ROADMAP AND IMPLEMENTATION PLAN — 1 IN GENERAL —The Task Force shall develop a coordinated roadmap and implementation plan for creating and sustaining a National Artificial Intelligence Research Resource 2 CONTENTS —The roadmap and plan required by paragraph 1 shall include the following A Goals for establishment and sustainment of a National Artificial Intelligence Research Resource and metrics for success B A plan for ownership and administration of the National Artificial Intelligence Research Resource including— i an appropriate agency or organization responsible for the implementation deployment and administration of the Resource and ii a governance structure for the Resource including oversight and decision-making authorities C A model for governance and oversight to establish strategic direction make programmatic decisions and manage the allocation of resources D Capabilities required to create and maintain a shared computing infrastructure to facilitate access to computing resources for researchers across the country including scalability secured access control resident data engineering and curation expertise provision of curated data sets compute resources educational tools and services and a user interface portal E An assessment of and recommended solutions to barriers to the dissemination and use of high-quality government data sets as part of the National Artificial Intelligence Research Resource F An assessment of security requirements associated with the National Artificial Intelligence Research Resource and its research and a recommendation for a framework for the management of access controls G An assessment of privacy and civil rights and civil liberties requirements associated with the National Artificial Intelligence Research Resource and its research H A plan for sustaining the Resource including through Federal funding and partnerships with the private sector H R 6395—1146 I Parameters for the establishment and sustainment of the National Artificial Intelligence Research Resource including agency roles and responsibilities and milestones to implement the Resource c CONSULTATIONS —In conducting its duties required under subsection b the Task Force shall consult with the following 1 The National Science Foundation 2 The Office of Science and Technology Policy 3 The National Academies of Sciences Engineering and Medicine 4 The National Institute of Standards and Technology 5 The Director of National Intelligence 6 The Department of Energy 7 The Department of Defense 8 The General Services Administration 9 The Department of Justice 10 The Department of Homeland Security 11 The Department of Health and Human Services 12 Private industry 13 Institutions of higher education 14 Civil and disabilities rights organizations 15 Such other persons as the Task Force considers appropriate d STAFF —Staff of the Task Force shall comprise detailees with expertise in artificial intelligence or related fields from the Office of Science and Technology Policy the National Science Foundation or any other agency the co-chairs deem appropriate with the consent of the head of the agency e TASK FORCE REPORTS — 1 INITIAL REPORT —Not later than 12 months after the date on which all of the appointments have been made under subsection a 2 B the Task Force shall submit to Congress and the President an interim report containing the findings conclusions and recommendations of the Task Force The report shall include specific recommendations regarding steps the Task Force believes necessary for the establishment and sustainment of a National Artificial Intelligence Research Resource 2 FINAL REPORT —Not later than 6 months after the submittal of the interim report under paragraph 1 the Task Force shall submit to Congress and the President a final report containing the findings conclusions and recommendations of the Task Force including the specific recommendations required by subsection b f TERMINATION — 1 IN GENERAL —The Task Force shall terminate 90 days after the date on which it submits the final report under subsection e 2 2 RECORDS —Upon termination of the Task Force all of its records shall become the records of the National Archives and Records Administration g DEFINITIONS —In this section 1 NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH RESOURCE AND RESOURCE —The terms ‘‘National Artificial Intelligence Research Resource’’ and ‘‘Resource’’ mean a system that provides researchers and students across scientific fields and disciplines with access to compute resources co-located with H R 6395—1147 publicly-available artificial intelligence-ready government and non-government data sets and a research environment with appropriate educational tools and user support 2 OWNERSHIP —The term ‘‘ownership’’ means responsibility and accountability for the implementation deployment and ongoing development of the National Artificial Intelligence Research Resource and for providing staff support to that effort TITLE LII—NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES Sec 5201 National Artificial Intelligence Research Institutes SEC 5201 NATIONAL INSTITUTES ARTIFICIAL INTELLIGENCE RESEARCH a IN GENERAL —Subject to the availability of funds appropriated for this purpose the Director of the National Science Foundation shall establish a program to award financial assistance for the planning establishment and support of a network of Institutes as described in subsection b 2 in accordance with this section b FINANCIAL ASSISTANCE TO ESTABLISH AND SUPPORT NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES — 1 IN GENERAL —Subject to the availability of funds appropriated for this purpose the Secretary of Energy the Secretary of Commerce the Director of the National Science Foundation and every other agency head may award financial assistance to an eligible entity or consortia thereof as determined by an agency head to establish and support an Institute 2 ARTIFICIAL INTELLIGENCE INSTITUTES —An Institute described in this subsection is an artificial intelligence research institute that— A is focused on— i a particular economic or social sector including health education manufacturing agriculture security energy and environment and includes a component that addresses the ethical societal safety and security implications relevant to the application of artificial intelligence in that sector or ii a cross-cutting challenge for artificial intelligence systems including trustworthiness or foundational science B requires partnership among public and private organizations including as appropriate Federal agencies institutions of higher education including community colleges nonprofit research organizations Federal laboratories State local and Tribal governments industry including startup companies and civil society organizations including civil rights and disability rights organizations or consortia thereof C has the potential to create an innovation ecosystem or enhance existing ecosystems to translate Institute research into applications and products as appropriate to the topic of each Institute H R 6395—1148 D supports interdisciplinary research and development across multiple institutions of higher education and organizations E supports interdisciplinary education activities including curriculum development research experiences and faculty professional development across undergraduate graduate and professional academic programs and F supports workforce development in artificial intelligence related disciplines in the United States including increasing participation of historically underrepresented communities 3 USE OF FUNDS —Financial assistance awarded under paragraph 1 may be used by an Institute for— A managing and making available to researchers accessible curated standardized secure and privacy protected data sets from the public and private sectors for the purposes of training and testing artificial intelligence systems and for research using artificial intelligence systems pursuant to subsections c e and f of section 22A the National Institute of Standards and Technology Act as added by section 5301 of this division B developing and managing testbeds for artificial intelligence systems including sector-specific test beds designed to enable users to evaluate artificial intelligence systems prior to deployment C conducting research and education activities involving artificial intelligence systems to solve challenges with social economic health scientific and national security implications D providing or brokering access to computing resources networking and data facilities for artificial intelligence research and development relevant to the Institute’s research goals E providing technical assistance to users including software engineering support for artificial intelligence research and development relevant to the Institute’s research goals F engaging in outreach and engagement to broaden participation in artificial intelligence research and the artificial intelligence workforce and G such other activities that an agency head whose agency’s missions contribute to or are affected by artificial intelligence considers consistent with the purposes described in section 5101 a 4 DURATION — A INITIAL PERIODS —An award of financial assistance under paragraph 1 shall be awarded for an initial period of 5 years B EXTENSION —An established Institute may apply for and the agency head may grant extended funding for periods of 5 years on a merit-reviewed basis using the merit review criteria of the sponsoring agency 5 APPLICATION FOR FINANCIAL ASSISTANCE —A person seeking financial assistance under paragraph 1 shall submit to an agency head an application at such time in such manner H R 6395—1149 and containing such information as the agency head may require 6 COMPETITIVE MERIT REVIEW —In awarding financial assistance under paragraph 1 the agency head shall— A use a competitive merit review process that includes peer review by a diverse group of individuals with relevant expertise from both the private and public sectors and B ensure the focus areas of the Institute do not substantially and unnecessarily duplicate the efforts of any other Institute 7 COLLABORATION — A IN GENERAL —In awarding financial assistance under paragraph 1 an agency head may collaborate with Federal departments and agencies whose missions contribute to or are affected by artificial intelligence systems B COORDINATING NETWORK —The Director of the National Science Foundation shall establish a network of Institutes receiving financial assistance under this subsection to be known as the ‘‘Artificial Intelligence Leadership Network’’ to coordinate cross-cutting research and other activities carried out by the Institutes 8 LIMITATION —No funds authorized in this title shall be awarded to Institutes outside of the United States All awardees and subawardees for such Institute shall be based in the United States in addition to any other eligibility criteria as established by each agency head 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 SEC 5301 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACTIVITIES The National Institute of Standards and Technology Act 15 U S C 271 et seq is amended by inserting after section 22 the following ‘‘SEC 22A STANDARDS FOR ARTIFICIAL INTELLIGENCE ‘‘ a MISSION —The Institute shall— ‘‘ 1 advance collaborative frameworks standards guidelines and associated methods and techniques for artificial intelligence ‘‘ 2 support the development of a risk-mitigation framework for deploying artificial intelligence systems ‘‘ 3 support the development of technical standards and guidelines that promote trustworthy artificial intelligence systems and ‘‘ 4 support the development of technical standards and guidelines by which to test for bias in artificial intelligence training data and applications H R 6395—1150 ‘‘ b SUPPORTING ACTIVITIES —The Director of the National Institute of Standards and Technology may— ‘‘ 1 support measurement research and development of best practices and voluntary standards for trustworthy artificial intelligence systems which may include— ‘‘ A privacy and security including for datasets used to train or test artificial intelligence systems and software and hardware used in artificial intelligence systems ‘‘ B advanced computer chips and hardware designed for artificial intelligence systems ‘‘ C data management and techniques to increase the usability of data including strategies to systematically clean label and standardize data into forms useful for training artificial intelligence systems and the use of common open licenses ‘‘ D safety and robustness of artificial intelligence systems including assurance verification validation security control and the ability for artificial intelligence systems to withstand unexpected inputs and adversarial attacks ‘‘ E auditing mechanisms and benchmarks for accuracy transparency verifiability and safety assurance for artificial intelligence systems ‘‘ F applications of machine learning and artificial intelligence systems to improve other scientific fields and engineering ‘‘ G model documentation including performance metrics and constraints measures of fairness training and testing processes and results ‘‘ H system documentation including connections and dependences within and between systems and complications that may arise from such connections and ‘‘ I all other areas deemed by the Director to be critical to the development and deployment of trustworthy artificial intelligence ‘‘ 2 produce curated standardized representative highvalue secure aggregate and privacy protected data sets for artificial intelligence research development and use ‘‘ 3 support one or more institutes as described in section 5201 b of the National Artificial Intelligence Initiative Act of 2020 for the purpose of advancing measurement science voluntary consensus standards and guidelines for trustworthy artificial intelligence systems ‘‘ 4 support and strategically engage in the development of voluntary consensus standards including international standards through open transparent and consensus-based processes and ‘‘ 5 enter into and perform such contracts including cooperative research and development arrangements and grants and cooperative agreements or other transactions as may be necessary in the conduct of the work of the National Institute of Standards and Technology and on such terms as the Director considers appropriate in furtherance of the purposes of this division ‘‘ c RISK MANAGEMENT FRAMEWORK —Not later than 2 years after the date of the enactment of this Act the Director shall work to develop and periodically update in collaboration with other public and private sector organizations including the National H R 6395—1151 Science Foundation and the Department of Energy a voluntary risk management framework for trustworthy artificial intelligence systems The framework shall— ‘‘ 1 identify and provide standards guidelines best practices methodologies procedures and processes for— ‘‘ A developing trustworthy artificial intelligence systems ‘‘ B assessing the trustworthiness of artificial intelligence systems and ‘‘ C mitigating risks from artificial intelligence systems ‘‘ 2 establish common definitions and characterizations for aspects of trustworthiness including explainability transparency safety privacy security robustness fairness bias ethics validation verification interpretability and other properties related to artificial intelligence systems that are common across all sectors ‘‘ 3 provide case studies of framework implementation ‘‘ 4 align with international standards as appropriate ‘‘ 5 incorporate voluntary consensus standards and industry best practices and ‘‘ 6 not prescribe or otherwise require the use of specific information or communications technology products or services ‘‘ d PARTICIPATION IN STANDARD SETTING ORGANIZATIONS — ‘‘ 1 REQUIREMENT —The Institute shall participate in the development of standards and specifications for artificial intelligence ‘‘ 2 PURPOSE —The purpose of this participation shall be to ensure— ‘‘ A that standards promote artificial intelligence systems that are trustworthy and ‘‘ B that standards relating to artificial intelligence reflect the state of technology and are fit-for-purpose and developed in transparent and consensus-based processes that are open to all stakeholders ‘‘ e DATA SHARING BEST PRACTICES —Not later than 1 year after the date of enactment of this Act the Director shall in collaboration with other public and private sector organizations develop guidance to facilitate the creation of voluntary data sharing arrangements between industry federally funded research centers and Federal agencies for the purpose of advancing artificial intelligence research and technologies including options for partnership models between government entities industry universities and nonprofits that incentivize each party to share the data they collected ‘‘ f BEST PRACTICES FOR DOCUMENTATION OF DATA SETS — Not later than 1 year after the date of enactment of this Act the Director shall in collaboration with other public and private sector organizations develop best practices for datasets used to train artificial intelligence systems including— ‘‘ 1 standards for metadata that describe the properties of datasets including— ‘‘ A the origins of the data ‘‘ B the intent behind the creation of the data ‘‘ C authorized uses of the data H R 6395—1152 ‘‘ D descriptive characteristics of the data including what populations are included and excluded from the datasets and ‘‘ E any other properties as determined by the Director and ‘‘ 2 standards for privacy and security of datasets with human characteristics ‘‘ g AUTHORIZATION OF APPROPRIATIONS —There are authorized to be appropriated to the National Institute of Standards and Technology to carry out this section— ‘‘ 1 $64 000 000 for fiscal year 2021 ‘‘ 2 $70 400 000 for fiscal year 2022 ‘‘ 3 $77 440 000 for fiscal year 2023 ‘‘ 4 $85 180 000 for fiscal year 2024 and ‘‘ 5 $93 700 000 for fiscal year 2025 ’’ SEC 5302 STAKEHOLDER OUTREACH In carrying out the activities under section 22A of the National Institute of Standards and Technology Act 15 U S C 271 et seq as amended by title III of this Act the Director shall— 1 solicit input from university researchers private sector experts relevant Federal agencies Federal laboratories State Tribal and local governments civil society groups and other relevant stakeholders 2 solicit input from experts in relevant fields of social science technology ethics and law and 3 provide opportunity for public comment on guidelines and best practices developed as part of the Initiative as appropriate SEC 5303 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ARTIFICIAL INTELLIGENCE CENTER a IN GENERAL —The Administrator of the National Oceanic and Atmospheric Administration hereafter referred to as ‘‘the Administrator’’ shall establish a Center for Artificial Intelligence hereafter referred to as ‘‘the Center’’ b CENTER GOALS —The goals of the Center shall be to— 1 coordinate and facilitate the scientific and technological efforts related to artificial intelligence across the National Oceanic and Atmospheric Administration and 2 expand external partnerships and build workforce proficiency to effectively transition artificial intelligence research and applications to operations c COMPREHENSIVE PROGRAM —Through the Center the Administrator shall implement a comprehensive program to improve the use of artificial intelligence systems across the agency in support of the mission of the National Oceanic and Atmospheric Administration d CENTER PRIORITIES —The priorities of the Center shall be to— 1 coordinate and facilitate artificial intelligence research and innovation tools systems and capabilities across the National Oceanic and Atmospheric Administration 2 establish data standards and develop and maintain a central repository for agency-wide artificial intelligence applications H R 6395—1153 3 accelerate the transition of artificial intelligence research to applications in support of the mission of the National Oceanic and Atmospheric Administration 4 develop and conduct training for the workforce of the National Oceanic and Atmospheric Administration related to artificial intelligence research and application of artificial intelligence for such agency 5 facilitate partnerships between the National Oceanic and Atmospheric Administration and other public sector organizations private sector organizations and institutions of higher education for research personnel exchange and workforce development with respect to artificial intelligence systems and 6 make data of the National Oceanic and Atmospheric Administration accessible available and ready for artificial intelligence applications e STAKEHOLDER ENGAGEMENT —In carrying out the activities authorized in this section the Administrator shall— 1 collaborate with a diverse set of stakeholders including private sector entities and institutions of higher education 2 leverage the collective body of research on artificial intelligence and machine learning and 3 engage with relevant Federal agencies research communities and potential users of data and methods made available through the Center f AUTHORIZATION OF APPROPRIATIONS —There are authorized to be appropriated to the Administrator to carry out this section $10 000 000 for fiscal year 2021 g PROTECTION OF NATIONAL SECURITY INTERESTS — 1 IN GENERAL —Notwithstanding any other provision of this section the Administrator in consultation with the Secretary of Defense as appropriate may withhold models or data used by the Center if the Administrator determines doing so to be necessary to protect the national security interests of the United States 2 RULE OF CONSTRUCTION —Nothing in this section shall be construed to supersede any other provision of law governing the protection of the national security interests of the United States TITLE LIV—NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE ACTIVITIES Sec 5401 Artificial intelligence research and education SEC 5401 ARTIFICIAL INTELLIGENCE RESEARCH AND EDUCATION a IN GENERAL —the Director of the National Science Foundation shall fund research and education activities in artificial intelligence systems and related fields including competitive awards or grants to institutions of higher education or eligible nonprofit organizations or consortia thereof b USES OF FUNDS —In carrying out the activities under subsection a the Director of the National Science Foundation shall— 1 support research including interdisciplinary research on artificial intelligence systems and related areas including H R 6395—1154 fields and research areas that will contribute to the development and deployment of trustworthy artificial intelligence systems and fields and research areas that address the application of artificial intelligence systems to scientific discovery and societal challenges 2 use the existing programs of the National Science Foundation in collaboration with other Federal departments and agencies as appropriate to— A improve the teaching and learning of topics related to artificial intelligence systems in K-12 education and postsecondary educational programs including workforce training and career and technical education programs undergraduate and graduate education programs and in informal settings and B increase participation in artificial intelligence related fields including by individuals identified in sections 33 and 34 of the Science and Engineering Equal Opportunity Act 42 U S C 1885a 1885b 3 support partnerships among institutions of higher education Federal laboratories nonprofit organizations State local and Tribal governments industry and potential users of artificial intelligence systems that facilitate collaborative research personnel exchanges and workforce development and identify emerging research needs with respect to artificial intelligence systems 4 ensure adequate access to research and education infrastructure with respect to artificial intelligence systems which may include the development of new computing resources and partnership with the private sector for the provision of cloudbased computing services 5 conduct prize competitions as appropriate pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 15 U S C 3719 6 coordinate research efforts funded through existing programs across the directorates of the National Science Foundation 7 provide guidance on data sharing by grantees to public and private sector organizations consistent with the standards and guidelines developed under section 22A e of the National Institute of Standards and Technology Act as added by section 5301 of this division and 8 evaluate opportunities for international collaboration with strategic allies on artificial intelligence research and development c ENGINEERING SUPPORT —In general the Director shall permit applicants to include in their proposed budgets funding for software engineering support to assist with the proposed research d ETHICS — 1 SENSE OF CONGRESS —It is the sense of Congress that— A a number of emerging areas of research including artificial intelligence have potential ethical social safety and security risks that might be apparent as early as the basic research stage B the incorporation of ethical social safety and security considerations into the research design and review H R 6395—1155 process for Federal awards may help mitigate potential harms before they happen C the National Science Foundation’s agreement with the National Academies of Sciences Engineering and Medicine to conduct a study and make recommendations with respect to governance of research in computing and computing technologies is a positive step toward accomplishing this goal and D the National Science Foundation should continue to work with stakeholders to understand and adopt policies that promote best practices for governance of research in emerging technologies at every stage of research 2 REPORT ON ETHICS STATEMENTS —No later than 6 months after publication of the study described in paragraph 1 C the Director shall report to Congress on options for requiring an ethics or risk statement as part of all or a subset of applications for research funding to the National Science Foundation e EDUCATION — 1 IN GENERAL —The Director of the National Science Foundation shall award grants for artificial intelligence education research development and related activities to support K-12 and postsecondary education programs and activities including workforce training and career and technical education programs and activities undergraduate graduate and postdoctoral education and informal education programs and activities that— A support the development of a diverse workforce pipeline for science and technology with respect to artificial intelligence systems B increase awareness of potential ethical social safety and security risks of artificial intelligence systems C promote curriculum development for teaching topics related to artificial intelligence including in the field of technology ethics D support efforts to achieve equitable access to K12 artificial intelligence education in diverse geographic areas and for populations historically underrepresented in science engineering and artificial intelligence fields and E promote the widespread understanding of artificial intelligence principles and methods to create an educated workforce and general public able to use products enabled by artificial intelligence systems and adapt to future societal and economic changes caused by artificial intelligence systems 2 ARTIFICIAL INTELLIGENCE FACULTY FELLOWSHIPS — A FACULTY RECRUITMENT FELLOWSHIPS — i IN GENERAL —The Director of the National Science Foundation shall establish a program to award grants to eligible institutions of higher education to recruit and retain tenure-track or tenured faculty in artificial intelligence and related fields ii USE OF FUNDS —An institution of higher education shall use grant funds provided under clause i for the purposes of— I recruiting new tenure-track or tenured faculty members that conduct research and teaching H R 6395—1156 in artificial intelligence and related fields and research areas including technology ethics and II paying salary and benefits for the academic year of newly recruited tenure-track or tenured faculty members for a duration of up to three years iii ELIGIBLE INSTITUTIONS OF HIGHER EDUCATION —For purposes of this subparagraph an eligible institution of higher education is— I a Historically Black College and University within the meaning of the term ‘‘part B institution’’ under section 322 of the Higher Education Act of 1965 Tribal College or University or other minority-serving institution as defined in section 371 a of the Higher Education Act of 1965 II an institution classified under the Carnegie Classification of Institutions of Higher Education as a doctorate-granting university with a high level of research activity or III an institution located in a State jurisdiction eligible to participate in the National Science Foundation’s Established Program to Stimulate Competitive Research B FACULTY TECHNOLOGY ETHICS FELLOWSHIPS — i IN GENERAL —The Director of the National Science Foundation shall establish a program to award fellowships to tenure-track and tenured faculty in social and behavioral sciences ethics law and related fields to develop new research projects and partnerships in technology ethics ii PURPOSES —The purposes of such fellowships are to enable researchers in social and behavioral sciences ethics law and related fields to establish new research and education partnerships with researchers in artificial intelligence and related fields learn new techniques and acquire systematic knowledge in artificial intelligence and related fields and mentor and advise graduate students and postdocs pursuing research in technology ethics iii USES OF FUNDS —A fellowship may include salary and benefits for up to one academic year expenses to support coursework or equivalent training in artificial intelligence systems and additional such expenses that the Director deems appropriate C UPDATE TO ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM —Section 10 i 5 of the National Science Foundation Authorization Act of 2002 42 U S C 1862n–1 i 5 is amended by inserting ‘‘and artificial intelligence’’ after ‘‘computer science’’ 3 UPDATE TO ADVANCED TECHNOLOGICAL EDUCATION PROGRAM — A IN GENERAL —Section 3 b of the Scientific and Advanced-Technology Act of 1992 42 U S C 1862 i is amended by striking ‘‘10’’ and inserting ‘‘12’’ B ARTIFICIAL INTELLIGENCE CENTERS OF EXCELLENCE —The Director of the National Science Foundation shall establish national centers of scientific and technical H R 6395—1157 education to advance education and workforce development in areas related to artificial intelligence pursuant to section 3 of the Scientific and Advanced-Technology Act of 1992 42 U S C 1862 i Activities of such centers may include— i the development dissemination and evaluation of curriculum and other educational tools and methods in artificial intelligence related fields and research areas including technology ethics ii the development and evaluation of artificial intelligence related certifications for 2-year programs and iii interdisciplinary science and engineering research in employment-based adult learning and career retraining related to artificial intelligence fields f NATIONAL SCIENCE FOUNDATION PILOT PROGRAM OF GRANTS FOR RESEARCH IN RAPIDLY EVOLVING HIGH PRIORITY TOPICS — 1 PILOT PROGRAM REQUIRED —The Director of the National Science Foundation shall establish a pilot program to assess the feasibility and advisability of awarding grants for the conduct of research in rapidly evolving high priority topics using funding mechanisms that require brief project descriptions and internal merit review and that may include accelerated external review 2 DURATION — A IN GENERAL —The Director shall carry out the pilot program required by paragraph 1 during the 5-year period beginning on the date of the enactment of this Act B ASSESSMENT AND CONTINUATION AUTHORITY —After the period set forth in paragraph 2 A — i the Director shall assess the pilot program and ii if the Director determines that it is both feasible and advisable to do so the Director may continue the pilot program 3 GRANTS —In carrying out the pilot program the Director shall award grants for the conduct of research in topics selected by the Director in accordance with paragraph 4 4 TOPIC SELECTION —The Director shall select topics for research under the pilot program in accordance with the following A The Director shall select artificial intelligence as the initial topic for the pilot program B The Director may select additional topics that the Director determines are— i rapidly evolving and ii of high importance to the economy and security of the United States g AUTHORIZATION OF APPROPRIATIONS —There are authorized to be appropriated to the National Science Foundation to carry out this section— 1 $868 000 000 for fiscal year 2021 2 $911 400 000 for fiscal year 2022 3 $956 970 000 for fiscal year 2023 4 $1 004 820 000 for fiscal year 2024 and 5 $1 055 060 000 for fiscal year 2025 H R 6395—1158 TITLE LV—DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM Sec 5501 Department of energy artificial intelligence research program SEC 5501 DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM a IN GENERAL —The Secretary shall carry out a cross-cutting research and development program to advance artificial intelligence tools systems capabilities and workforce needs and to improve the reliability of artificial intelligence methods and solutions relevant to the mission of the Department In carrying out this program the Secretary shall coordinate across all relevant offices and programs at the Department including the Office of Science the Office of Energy Efficiency and Renewable Energy the Office of Nuclear Energy the Office of Fossil Energy the Office of Electricity the Office of Cybersecurity Energy Security and Emergency Response the Advanced Research Projects Agency-Energy and any other relevant office determined by the Secretary b RESEARCH AREAS —In carrying out the program under subsection a the Secretary shall award financial assistance to eligible entities to carry out research projects on topics including— 1 the application of artificial intelligence systems to improve large-scale simulations of natural and other phenomena 2 the study of applied mathematics computer science and statistics including foundations of methods and systems of artificial intelligence causal and statistical inference and the development of algorithms for artificial intelligence systems 3 the analysis of existing large-scale datasets from science and engineering experiments and simulations including energy simulations and other priorities at the Department as determined by the Secretary using artificial intelligence tools and techniques 4 the development of operation and control systems that enhance automated intelligent decisionmaking capabilities 5 the development of advanced computing hardware and computer architecture tailored to artificial intelligence systems including the codesign of networks and computational hardware 6 the development of standardized datasets for emerging artificial intelligence research fields and applications including methods for addressing data scarcity and 7 the development of trustworthy artificial intelligence systems including— A algorithmic explainability B analytical methods for identifying and mitigating bias in artificial intelligence systems and C safety and robustness including assurance verification validation security and control c TECHNOLOGY TRANSFER —In carrying out the program under subsection a the Secretary shall support technology transfer of artificial intelligence systems for the benefit of society and United States economic competitiveness H R 6395—1159 d FACILITY USE AND UPGRADES —In carrying out the program under subsection a the Secretary shall— 1 make available high-performance computing infrastructure at national laboratories 2 make any upgrades necessary to enhance the use of existing computing facilities for artificial intelligence systems including upgrades to hardware 3 establish new computing capabilities necessary to manage data and conduct high performance computing that enables the use of artificial intelligence systems and 4 maintain and improve as needed networking infrastructure data input and output mechanisms and data analysis storage and service capabilities e REPORT ON ETHICS STATEMENTS —Not later than 6 months after publication of the study described in section 5401 d 1 C the Secretary shall report to Congress on options for requiring an ethics or risk statement as part of all or a subset of applications for research activities funded by the Department of Energy and performed at Department of Energy national laboratories and user facilities f RISK MANAGEMENT —The Secretary shall review agency policies for risk management in artificial intelligence related projects and issue as necessary policies and principles that are consistent with the framework developed under section 22A c of the National Institute of Standards and Technology Act as added by section 5301 of this division g DATA PRIVACY AND SHARING —The Secretary shall review agency policies for data sharing with other public and private sector organizations and issue as necessary policies and principles that are consistent with the standards and guidelines submitted under section 22A e of the National Institute of Standards and Technology Act as added by section 5301 of this division In addition the Secretary shall establish a streamlined mechanism for approving research projects or partnerships that require sharing sensitive public or private data with the Department h PARTNERSHIPS WITH OTHER FEDERAL AGENCIES —The Secretary may request accept and provide funds from other Federal departments and agencies State United States territory local or Tribal government agencies private sector for-profit entities and nonprofit entities to be available to the extent provided by appropriations Acts to support a research project or partnership carried out under this section The Secretary may not give any special consideration to any agency or entity in return for a donation i STAKEHOLDER ENGAGEMENT —In carrying out the activities authorized in this section the Secretary shall— 1 collaborate with a range of stakeholders including small businesses institutes of higher education industry and the National Laboratories 2 leverage the collective body of knowledge from existing artificial intelligence and machine learning research and 3 engage with other Federal agencies research communities and potential users of information produced under this section j DEFINITIONS —In this section 1 SECRETARY —The term ‘‘Secretary’’ means the Secretary of Energy H R 6395—1160 2 DEPARTMENT —The term ‘‘Department’’ means the Department of Energy 3 NATIONAL LABORATORY —The term ‘‘national laboratory’’ has the meaning given such term in section 2 of the Energy Policy Act of 2005 42 U S C 15801 4 ELIGIBLE ENTITIES —The term ‘‘eligible entities’’ means— A an institution of higher education B a National Laboratory C a Federal research agency D a State research agency E a nonprofit research organization F a private sector entity or G a consortium of 2 or more entities described in subparagraphs A through F k AUTHORIZATION OF APPROPRIATIONS —There are authorized to be appropriated to the Department to carry out this section— 1 $200 000 000 for fiscal year 2021 2 $214 000 000 for fiscal year 2022 3 $228 980 000 for fiscal year 2023 4 $245 000 000 for fiscal year 2024 and 5 $262 160 000 for fiscal year 2025 DIVISION F—ANTI-MONEY LAUNDERING SEC 6001 SHORT TITLE This division may be cited as the ‘‘Anti-Money Laundering Act of 2020’’ SEC 6002 PURPOSES The purposes of this division are— 1 to improve coordination and information sharing among the agencies tasked with administering anti-money laundering and countering the financing of terrorism requirements the agencies that examine financial institutions for compliance with those requirements Federal law enforcement agencies national security agencies the intelligence community and financial institutions 2 to modernize anti-money laundering and countering the financing of terrorism laws to adapt the government and private sector response to new and emerging threats 3 to encourage technological innovation and the adoption of new technology by financial institutions to more effectively counter money laundering and the financing of terrorism 4 to reinforce that the anti-money laundering and countering the financing of terrorism policies procedures and controls of financial institutions shall be risk-based 5 to establish uniform beneficial ownership information reporting requirements to— A improve transparency for national security intelligence and law enforcement agencies and financial institutions concerning corporate structures and insight into the flow of illicit funds through those structures B discourage the use of shell corporations as a tool to disguise and move illicit funds H R 6395—1161 C assist national security intelligence and law enforcement agencies with the pursuit of crimes and D protect the national security of the United States and 6 to establish a secure nonpublic database at FinCEN for beneficial ownership information SEC 6003 DEFINITIONS In this division 1 BANK SECRECY ACT —The term ‘‘Bank Secrecy Act’’ means— A section 21 of the Federal Deposit Insurance Act 12 U S C 1829b B chapter 2 of title I of Public Law 91–508 12 U S C 1951 et seq and C subchapter II of chapter 53 of title 31 United States Code 2 ELECTRONIC FUND TRANSFER —The term ‘‘electronic fund transfer’’ has the meaning given the term in section 903 of the Electronic Fund Transfer Act 15 U S C 1693a 3 FEDERAL FUNCTIONAL REGULATOR —The term ‘‘Federal functional regulator’’— A has the meaning given the term in section 509 of the Gramm-Leach-Bliley Act 15 U S C 6809 and B includes any Federal regulator that examines a financial institution for compliance with the Bank Secrecy Act 4 FINANCIAL AGENCY —The term ‘‘financial agency’’ has the meaning given the term in section 5312 a of title 31 United States Code as amended by section 6102 of this division 5 FINANCIAL INSTITUTION —The term ‘‘financial institution’’— A has the meaning given the term in section 5312 of title 31 United States Code and B includes— i an electronic fund transfer network and ii a clearing and settlement system 6 FINCEN —The term ‘‘FinCEN’’ means the Financial Crimes Enforcement Network of the Department of the Treasury 7 SECRETARY —The term ‘‘Secretary’’ means the Secretary of the Treasury 8 STATE BANK SUPERVISOR —The term ‘‘State bank supervisor’’ has the meaning given the term in section 3 of the Federal Deposit Insurance Act 12 U S C 1813 9 STATE CREDIT UNION SUPERVISOR —The term ‘‘State credit union supervisor’’ means a State official described in section 107A e of the Federal Credit Union Act 12 U S C 1757a e H R 6395—1162 TITLE LXI—STRENGTHENING TREASURY FINANCIAL INTELLIGENCE ANTIMONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM PROGRAMS Sec Sec Sec Sec 6101 6102 6103 6104 Sec Sec Sec Sec Sec 6105 6106 6107 6108 6109 Sec 6110 Sec 6111 Sec 6112 Establishment of national exam and supervision priorities Strengthening FinCEN FinCEN Exchange Interagency anti-money laundering and countering the financing of terrorism personnel rotation program Terrorism and financial intelligence special hiring authority Treasury Attache´ program Establishment of FinCEN Domestic Liaisons Foreign Financial Intelligence Unit Liaisons Protection of information exchanged with foreign law enforcement and financial intelligence units Bank Secrecy Act application to dealers in antiquities and assessment of Bank Secrecy Act application to dealers in arts Increasing technical assistance for international cooperation International coordination SEC 6101 ESTABLISHMENT OF NATIONAL EXAM AND SUPERVISION PRIORITIES a DECLARATION OF PURPOSE —Subchapter II of chapter 53 of title 31 United States Code is amended by striking section 5311 and inserting the following ‘‘§ 5311 Declaration of purpose ‘‘It is the purpose of this subchapter except section 5315 to— ‘‘ 1 require certain reports or records that are highly useful in— ‘‘ A criminal tax or regulatory investigations risk assessments or proceedings or ‘‘ B intelligence or counterintelligence activities including analysis to protect against terrorism ‘‘ 2 prevent the laundering of money and the financing of terrorism through the establishment by financial institutions of reasonably designed risk-based programs to combat money laundering and the financing of terrorism ‘‘ 3 facilitate the tracking of money that has been sourced through criminal activity or is intended to promote criminal or terrorist activity ‘‘ 4 assess the money laundering terrorism finance tax evasion and fraud risks to financial institutions products or services to— ‘‘ A protect the financial system of the United States from criminal abuse and ‘‘ B safeguard the national security of the United States and ‘‘ 5 establish appropriate frameworks for information sharing among financial institutions their agents and service providers their regulatory authorities associations of financial institutions the Department of the Treasury and law enforcement authorities to identify stop and apprehend money launderers and those who finance terrorists ’’ H R 6395—1163 b ANTI-MONEY LAUNDERING PROGRAMS —Section 5318 of title 31 United States Code is amended— 1 in subsection a 1 by striking ‘‘subsection b 2 ’’ and inserting ‘‘subsections b 2 and h 4 ’’ and 2 in subsection h — A in paragraph 1 in the matter preceding subparagraph A — i by inserting ‘‘and the financing of terrorism’’ after ‘‘money laundering’’ and ii by inserting ‘‘and countering the financing of terrorism’’ after ‘‘anti-money laundering’’ B in paragraph 2 — i by striking ‘‘The Secretary’’ and inserting the following ‘‘ A IN GENERAL —The Secretary’’ and ii by adding at the end the following ‘‘ B FACTORS —In prescribing the minimum standards under subparagraph A and in supervising and examining compliance with those standards the Secretary of the Treasury and the appropriate Federal functional regulator as defined in section 509 of the Gramm-Leach-Bliley Act 12 U S C 6809 shall take into account the following ‘‘ i Financial institutions are spending private compliance funds for a public and private benefit including protecting the United States financial system from illicit finance risks ‘‘ ii The extension of financial services to the underbanked and the facilitation of financial transactions including remittances coming from the United States and abroad in ways that simultaneously prevent criminal persons from abusing formal or informal financial services networks are key policy goals of the United States ‘‘ iii Effective anti-money laundering and countering the financing of terrorism programs safeguard national security and generate significant public benefits by preventing the flow of illicit funds in the financial system and by assisting law enforcement and national security agencies with the identification and prosecution of persons attempting to launder money and undertake other illicit activity through the financial system ‘‘ iv Anti-money laundering and countering the financing of terrorism programs described in paragraph 1 should be— ‘‘ I reasonably designed to assure and monitor compliance with the requirements of this subchapter and regulations promulgated under this subchapter and ‘‘ II risk-based including ensuring that more attention and resources of financial institutions should be directed toward higher-risk customers and activities consistent with the risk profile of a financial institution rather than toward lowerrisk customers and activities ’’ and C by adding at the end the following ‘‘ 4 PRIORITIES — H R 6395—1164 ‘‘ A IN GENERAL —Not later than 180 days after the date of enactment of this paragraph the Secretary of the Treasury in consultation with the Attorney General Federal functional regulators as defined in section 509 of the Gramm-Leach-Bliley Act 15 U S C 6809 relevant State financial regulators and relevant national security agencies shall establish and make public priorities for anti-money laundering and countering the financing of terrorism policy ‘‘ B UPDATES —Not less frequently than once every 4 years the Secretary of the Treasury in consultation with the Attorney General Federal functional regulators as defined in section 509 of the Gramm-Leach-Bliley Act 15 U S C 6809 relevant State financial regulators and relevant national security agencies shall update the priorities established under subparagraph A ‘‘ C RELATION TO NATIONAL STRATEGY —The Secretary of the Treasury shall ensure that the priorities established under subparagraph A are consistent with the national strategy for countering the financing of terrorism and related forms of illicit finance developed under section 261 of the Countering Russian Influence in Europe and Eurasia Act of 2017 Public Law 115–44 131 Stat 934 ‘‘ D RULEMAKING —Not later than 180 days after the date on which the Secretary of the Treasury establishes the priorities under subparagraph A the Secretary of the Treasury acting through the Director of the Financial Crimes Enforcement Network and in consultation with the Federal functional regulators as defined in section 509 of the Gramm-Leach-Bliley Act 15 U S C 6809 and relevant State financial regulators shall as appropriate promulgate regulations to carry out this paragraph ‘‘ E SUPERVISION AND EXAMINATION —The review by a financial institution of the priorities established under subparagraph A and the incorporation of those priorities as appropriate into the risk-based programs established by the financial institution to meet obligations under this subchapter the USA PATRIOT Act Public Law 107–56 115 Stat 272 and other anti-money laundering and countering the financing of terrorism laws and regulations shall be included as a measure on which a financial institution is supervised and examined for compliance with those obligations ‘‘ 5 DUTY —The duty to establish maintain and enforce an anti-money laundering and countering the financing of terrorism program as required by this subsection shall remain the responsibility of and be performed by persons in the United States who are accessible to and subject to oversight and supervision by the Secretary of the Treasury and the appropriate Federal functional regulator as defined in section 509 of the Gramm-Leach-Bliley Act 15 U S C 6809 ’’ c FINANCIAL CRIMES ENFORCEMENT NETWORK —Section 310 b 2 of title 31 United States Code is amended— 1 by redesignating subparagraph J as subparagraph O and 2 by inserting after subparagraph I the following H R 6395—1165 ‘‘ J Promulgate regulations under section 5318 h 4 D as appropriate to implement the government-wide anti-money laundering and countering the financing of terrorism priorities established by the Secretary of the Treasury under section 5318 h 4 A ‘‘ K Communicate regularly with financial institutions and Federal functional regulators that examine financial institutions for compliance with subchapter II of chapter 53 and regulations promulgated under that subchapter and law enforcement authorities to explain the United States Government’s anti-money laundering and countering the financing of terrorism priorities ‘‘ L Give and receive feedback to and from financial institutions State bank supervisors and State credit union supervisors as those terms are defined in section 6003 of the Anti-Money Laundering Act of 2020 regarding the matters addressed in subchapter II of chapter 53 and regulations promulgated under that subchapter ‘‘ M Maintain money laundering and terrorist financing investigation financial experts capable of identifying tracking and analyzing financial crime networks and identifying emerging threats to support Federal civil and criminal investigations ‘‘ N Maintain emerging technology experts to encourage the development of and identify emerging technologies that can assist the United States Government or financial institutions in countering money laundering and the financing of terrorism ’’ SEC 6102 STRENGTHENING FINCEN a SENSE OF CONGRESS —It is the sense of Congress that— 1 the mission of FinCEN should be to continue to safeguard the financial system from illicit activity counter money laundering and the financing of terrorism and promote national security through strategic use of financial authorities and the collection analysis and dissemination of financial intelligence 2 in its mission to safeguard the financial system from the abuses of financial crime the United States should prioritize working with partners in Federal State local Tribal and foreign law enforcement authorities 3 although the use and trading of virtual currencies are legal practices some terrorists and criminals including transnational criminal organizations seek to exploit vulnerabilities in the global financial system and increasingly rely on substitutes for currency including emerging payment methods such as virtual currencies to move illicit funds and 4 in carrying out its mission FinCEN should ensure that its efforts fully support countering the financing of terrorism efforts including making sure that steps to address emerging methods of such illicit financing are high priorities b EXPANDING INFORMATION SHARING WITH TRIBAL AUTHORITIES —Section 310 b 2 of title 31 United States Code is amended— 1 in subparagraphs C E and F by inserting ‘‘Tribal ’’ after ‘‘local ’’ each place that term appears and 2 in subparagraph C vi by striking ‘‘international’’ H R 6395—1166 c EXPANSION OF REPORTING AUTHORITIES TO COMBAT MONEY LAUNDERING —Section 5318 a 2 of title 31 United States Code is amended— 1 by inserting ‘‘ including the collection and reporting of certain information as the Secretary of the Treasury may prescribe by regulation ’’ after ‘‘appropriate procedures’’ and 2 by inserting ‘‘ the financing of terrorism or other forms of illicit finance’’ after ‘‘money laundering’’ d VALUE THAT SUBSTITUTES FOR CURRENCY — 1 DEFINITIONS —Section 5312 a of title 31 United States Code is amended— A in paragraph 1 by striking ‘‘ or a transaction in money credit securities or gold’’ and inserting ‘‘ a transaction in money credit securities or gold or a service provided with respect to money securities futures precious metals stones and jewels or value that substitutes for currency’’ B in paragraph 2 — i in subparagraph J by inserting ‘‘ or a business engaged in the exchange of currency funds or value that substitutes for currency or funds’’ before the semicolon at the end and ii in subparagraph R by striking ‘‘funds ’’ and inserting ‘‘currency funds or value that substitutes for currency ’’ and C in paragraph 3 — i in subparagraph B by striking ‘‘and’’ at the end ii in subparagraph C by striking the period at the end and inserting ‘‘ and’’ and iii by adding at the end the following ‘‘ D as the Secretary shall provide by regulation value that substitutes for any monetary instrument described in subparagraph A B or C ’’ 2 REGISTRATION OF MONEY TRANSMITTING BUSINESSES — Section 5330 d of title 31 United States Code is amended— A in paragraph 1 A — i by striking ‘‘funds ’’ and inserting ‘‘currency funds or value that substitutes for currency ’’ and ii by striking ‘‘system ’’ and inserting ‘‘system ’’ and B in paragraph 2 — i by striking ‘‘currency or funds denominated in the currency of any country’’ and inserting ‘‘currency funds or value that substitutes for currency’’ ii by striking ‘‘currency or funds or the value of the currency or funds ’’ and inserting ‘‘currency funds or value that substitutes for currency’’ and iii by inserting ‘‘ including’’ after ‘‘means’’ SEC 6103 FINCEN EXCHANGE Section 310 of title 31 United States Code is amended— 1 by redesignating subsection d as subsection l and 2 by inserting after subsection c the following ‘‘ d FINCEN EXCHANGE — ‘‘ 1 ESTABLISHMENT —The FinCEN Exchange is hereby established within FinCEN H R 6395—1167 ‘‘ 2 PURPOSE —The FinCEN Exchange shall facilitate a voluntary public-private information sharing partnership among law enforcement agencies national security agencies financial institutions and FinCEN to— ‘‘ A effectively and efficiently combat money laundering terrorism financing organized crime and other financial crimes including by promoting innovation and technical advances in reporting— ‘‘ i under subchapter II of chapter 53 and the regulations promulgated under that subchapter and ‘‘ ii with respect to other anti-money laundering requirements ‘‘ B protect the financial system from illicit use and ‘‘ C promote national security ‘‘ 3 REPORT — ‘‘ A IN GENERAL —Not later than 1 year after the date of enactment of this subsection and once every 2 years thereafter for the next 5 years the Secretary of the Treasury shall submit to the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing— ‘‘ i an analysis of the efforts undertaken by the FinCEN Exchange which shall include an analysis of— ‘‘ I the results of those efforts and ‘‘ II the extent and effectiveness of those efforts including any benefits realized by law enforcement agencies from partnering with financial institutions which shall be consistent with standards protecting sensitive information and ‘‘ ii any legislative administrative or other recommendations the Secretary may have to strengthen the efforts of the FinCEN Exchange ‘‘ B CLASSIFIED ANNEX —Each report under subparagraph A may include a classified annex ‘‘ 4 INFORMATION SHARING REQUIREMENT —Information shared under this subsection shall be shared— ‘‘ A in compliance with all other applicable Federal laws and regulations ‘‘ B in such a manner as to ensure the appropriate confidentiality of personal information and ‘‘ C at the discretion of the Director with the appropriate Federal functional regulator as defined in section 6003 of the Anti-Money Laundering Act of 2020 ‘‘ 5 PROTECTION OF SHARED INFORMATION — ‘‘ A REGULATIONS —FinCEN shall as appropriate promulgate regulations that establish procedures for the protection of information shared and exchanged between FinCEN and the private sector in accordance with this section consistent with the capacity size and nature of the financial institution to which the particular procedures apply ‘‘ B USE OF INFORMATION —Information received by a financial institution pursuant to this section shall not be used for any purpose other than identifying and reporting on activities that may involve the financing of H R 6395—1168 terrorism money laundering proliferation financing or other financial crimes ‘‘ 6 RULE OF CONSTRUCTION —Nothing in this subsection may be construed to create new information sharing authorities or requirements relating to the Bank Secrecy Act ’’ SEC 6104 INTERAGENCY ANTI-MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM PERSONNEL ROTATION PROGRAM To promote greater effectiveness and efficiency in combating money laundering the financing of terrorism proliferation financing serious tax fraud trafficking sanctions evasion and other financial crimes the Secretary shall maintain and accelerate efforts to strengthen anti-money laundering and countering the financing of terrorism efforts through a personnel rotation program between the Federal functional regulators and the Department of Justice the Federal Bureau of Investigation the Department of Homeland Security the Department of Defense and such other agencies as the Secretary determines are appropriate SEC 6105 TERRORISM AND FINANCIAL INTELLIGENCE SPECIAL HIRING AUTHORITY a FINCEN —Section 310 of title 31 United States Code as amended by section 6103 of this division is amended by inserting after subsection d the following ‘‘ e SPECIAL HIRING AUTHORITY — ‘‘ 1 IN GENERAL —The Secretary of the Treasury may appoint without regard to the provisions of sections 3309 through 3318 of title 5 candidates directly to positions in the competitive service as defined in section 2102 of that title in FinCEN ‘‘ 2 PRIMARY RESPONSIBILITIES —The primary responsibility of candidates appointed under paragraph 1 shall be to provide substantive support in support of the duties described in subparagraphs A through O of subsection b 2 ’’ b OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE —Section 312 of title 31 United States Code is amended by adding at the end the following ‘‘ g SPECIAL HIRING AUTHORITY — ‘‘ 1 IN GENERAL —The Secretary of the Treasury may appoint without regard to the provisions of sections 3309 through 3318 of title 5 candidates directly to positions in the competitive service as defined in section 2102 of that title in the OTFI ‘‘ 2 PRIMARY RESPONSIBILITIES —The primary responsibility of candidates appointed under paragraph 1 shall be to provide substantive support in support of the duties described in subparagraphs A through G of subsection a 4 ‘‘ h DEPLOYMENT OF STAFF —The Secretary of the Treasury may detail without regard to the provisions of section 300 301 of title 5 Code of Federal Regulations any employee in the OTFI to any position in the OTFI for which the Secretary has determined there is a need ’’ c REPORT —Not later than 1 year after the date of enactment of this Act and every 2 years thereafter for 5 years the Secretary shall submit to the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that includes the number H R 6395—1169 of new employees hired during the previous year under the authorities described in sections 310 and 312 of title 31 United States Code along with position titles and associated pay grades for such hires ´ PROGRAM SEC 6106 TREASURY ATTACHE a IN GENERAL —Subchapter I of chapter 3 of title 31 United States Code is amended by adding at the end the following ‘‘§ 316 Treasury Attache´ Program ‘‘ a IN GENERAL —There is established the Treasury Financial Attache´ Program under which the Secretary of the Treasury shall appoint employees of the Department of the Treasury as a Treasury Financial Attache´ who shall— ‘‘ 1 further the work of the Department of the Treasury in developing and executing the financial and economic policy of the United States Government and the international fight against terrorism money laundering and other illicit finance ‘‘ 2 be co-located in a United States Embassy a similar United States Government facility or a foreign government facility as the Secretary determines is appropriate ‘‘ 3 establish and maintain relationships with foreign counterparts including employees of ministries of finance central banks international financial institutions and other relevant official entities ‘‘ 4 conduct outreach to local and foreign financial institutions and other commercial actors ‘‘ 5 coordinate with representatives of the Department of Justice at United States Embassies who perform similar functions on behalf of the United States Government and ‘‘ 6 perform such other actions as the Secretary determines are appropriate ‘‘ b NUMBER OF ATTACHE´ S — ‘‘ 1 IN GENERAL —The number of Treasury Financial Attache´s appointed under this section at any one time shall be not fewer than 6 more employees than the number of employees of the Department of the Treasury serving as Treasury attache´s on the date of enactment of this section ‘‘ 2 ADDITIONAL POSTS —The Secretary of the Treasury may establish additional posts subject to the availability of appropriations ‘‘ c COMPENSATION — ‘‘ 1 IN GENERAL —Each Treasury Financial Attache´ appointed under this section and located at a United States Embassy shall receive compensation including allowances at the higher of— ‘‘ A the rate of compensation including allowances provided to a Foreign Service officer serving at the same embassy and ‘‘ B the rate of compensation including allowances the Treasury Financial Attache´ would otherwise have received absent the application of this subsection ‘‘ 2 PHASE IN —The compensation described in paragraph 1 shall be phased in over 2 years ’’ H R 6395—1170 b CLERICAL AMENDMENT —The table of sections for chapter 3 of title 31 United States Code is amended by inserting after the item relating to section 315 the following ‘‘316 Treasury Attache´ Program ’’ SEC 6107 ESTABLISHMENT OF FINCEN DOMESTIC LIAISONS Section 310 of title 31 United States Code as amended by sections 6103 and 6105 of this division is amended by inserting after subsection e the following ‘‘ f FINCEN DOMESTIC LIAISONS — ‘‘ 1 ESTABLISHMENT OF OFFICE —There is established in FinCEN an Office of Domestic Liaison which shall be headed by the Chief Domestic Liaison ‘‘ 2 LOCATION —The Office of the Domestic Liaison shall be located in the District of Columbia ‘‘ g CHIEF DOMESTIC LIAISON — ‘‘ 1 IN GENERAL —The Chief Domestic Liaison shall— ‘‘ A report directly to the Director and ‘‘ B be appointed by the Director from among individuals with experience or familiarity with anti-money laundering program examinations supervision and enforcement ‘‘ 2 COMPENSATION —The annual rate of pay for the Chief Domestic Liaison shall be equal to the highest rate of annual pay for similarly situated senior executives who report to the Director ‘‘ 3 STAFF OF OFFICE —The Chief Domestic Liaison with the concurrence of the Director may retain or employ counsel research staff and service staff as the Liaison determines necessary to carry out the functions powers and duties under this subsection ‘‘ 4 DOMESTIC LIAISONS —The Chief Domestic Liaison with the concurrence of the Director shall appoint not fewer than 6 senior FinCEN employees as FinCEN Domestic Liaisons who shall— ‘‘ A report to the Chief Domestic Liaison ‘‘ B each be assigned to focus on a specific region of the United States and ‘‘ C be located at an office in such region or co-located at an office of the Board of Governors of the Federal Reserve System in such region ‘‘ 5 FUNCTIONS OF THE DOMESTIC LIAISONS — ‘‘ A IN GENERAL —Each Domestic Liaison shall— ‘‘ i in coordination with relevant Federal functional regulators perform outreach to BSA officers at financial institutions including nonbank financial institutions and persons that are not financial institutions especially with respect to actions taken by FinCEN that require specific actions by or have specific effects on such institutions or persons as determined by the Director ‘‘ ii in accordance with applicable agreements receive feedback from financial institutions and examiners of Federal functional regulators regarding their examinations under the Bank Secrecy Act and communicate that feedback to FinCEN the Federal functional regulators and State bank supervisors H R 6395—1171 ‘‘ iii promote coordination and consistency of supervisory guidance from FinCEN the Federal functional regulators State bank supervisors and State credit union supervisors regarding the Bank Secrecy Act ‘‘ iv act as a liaison between financial institutions and their Federal functional regulators State bank supervisors and State credit union supervisors with respect to information sharing matters involving the Bank Secrecy Act and regulations promulgated thereunder ‘‘ v establish safeguards to maintain the confidentiality of communications between the persons described in clause ii and the Office of Domestic Liaison ‘‘ vi to the extent practicable periodically propose to the Director changes in the regulations guidance or orders of FinCEN including any legislative or administrative changes that may be appropriate to ensure improved coordination and expand information sharing under this paragraph and ‘‘ vii perform such other duties as the Director determines to be appropriate ‘‘ B RULE OF CONSTRUCTION —Nothing in this paragraph may be construed to permit the Domestic Liaisons to have authority over supervision examination or enforcement processes ‘‘ 6 ACCESS TO DOCUMENTS —FinCEN to the extent practicable and consistent with appropriate safeguards for sensitive enforcement-related pre-decisional or deliberative information shall ensure that the Domestic Liaisons have full access to the documents of FinCEN as necessary to carry out the functions of the Office of Domestic Liaison ‘‘ 7 ANNUAL REPORTS — ‘‘ A IN GENERAL —Not later than 1 year after the date of enactment of this subsection and every 2 years thereafter for 5 years the Director shall submit to the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the objectives of the Office of Domestic Liaison for the following fiscal year and the activities of the Office during the immediately preceding fiscal year ‘‘ B CONTENTS —Each report required under subparagraph A shall include— ‘‘ i appropriate statistical information and full and substantive analysis ‘‘ ii information on steps that the Office of Domestic Liaison has taken during the reporting period to address feedback received by financial institutions and examiners of Federal functional regulators relating to examinations under the Bank Secrecy Act ‘‘ iii recommendations to the Director for such administrative and legislative actions as may be appropriate to address information sharing and coordination issues encountered by financial institutions or examiners of Federal functional regulators and H R 6395—1172 ‘‘ iv any other information as determined appropriate by the Director ‘‘ C SENSITIVE INFORMATION —Notwithstanding subparagraph D FinCEN shall review each report required under subparagraph A before the report is submitted to ensure the report does not disclose sensitive information ‘‘ D INDEPENDENCE — ‘‘ i IN GENERAL —Each report required under subparagraph A shall be provided directly to the committees listed in that subparagraph except that a relevant Federal functional regulator State bank supervisor Office of Management and Budget or State credit union supervisor shall have an opportunity for review and comment before the submission of the report ‘‘ ii RULE OF CONSTRUCTION —Nothing in clause i may be construed to preclude FinCEN or any other department or agency from reviewing a report required under subparagraph A for the sole purpose of protecting— ‘‘ I sensitive information obtained by a law enforcement agency and ‘‘ II classified information ‘‘ E CLASSIFIED INFORMATION —No report required under subparagraph A may contain classified information ‘‘ 8 DEFINITION —In this subsection the term ‘Federal functional regulator’ has the meaning given the term in section 6003 of the Anti-Money Laundering Act of 2020 ’’ SEC 6108 FOREIGN FINANCIAL INTELLIGENCE UNIT LIAISONS Section 310 of title 31 United States Code as amended by sections 6103 6105 and 6107 of this division is amended by inserting after subsection g the following ‘‘ h FINCEN FOREIGN FINANCIAL INTELLIGENCE UNIT LIAISONS — ‘‘ 1 IN GENERAL —The Director of FinCEN shall appoint not fewer than 6 Foreign Financial Intelligence Unit Liaisons who shall— ‘‘ A be knowledgeable about domestic or international anti-money laundering or countering the financing of terrorism laws and regulations ‘‘ B possess a technical understanding of the Bank Secrecy Act the protocols of the Egmont Group of Financial Intelligence Units and the Financial Action Task Force and the recommendations issued by that Task Force ‘‘ C be co-located in a United States embassy a similar United States Government facility or a foreign government facility as appropriate ‘‘ D facilitate capacity building and perform outreach with respect to anti-money laundering and countering the financing of terrorism regulatory and analytical frameworks ‘‘ E establish and maintain relationships with officials from foreign intelligence units regulatory authorities ministries of finance central banks law enforcement agencies and other competent authorities H R 6395—1173 ‘‘ F participate in industry outreach engagements with foreign financial institutions and other commercial actors on anti-money laundering and countering the financing of terrorism issues ‘‘ G coordinate with representatives of the Department of Justice at United States Embassies who perform similar functions on behalf of the United States Government and ‘‘ H perform such other duties as the Director determines to be appropriate ‘‘ 2 COMPENSATION —Each Foreign Financial Intelligence Unit Liaison appointed under paragraph 1 shall receive compensation at the higher of— ‘‘ A the rate of compensation paid to a Foreign Service officer at a comparable career level serving at the same embassy or facility as applicable or ‘‘ B the rate of compensation that the Liaison would have otherwise received ’’ SEC 6109 PROTECTION OF INFORMATION EXCHANGED WITH FOREIGN LAW ENFORCEMENT AND FINANCIAL INTELLIGENCE UNITS a IN GENERAL —Section 310 of title 31 United States Code as amended by sections 6103 6105 6107 and 6108 of this division is amended by inserting after subsection h the following ‘‘ i PROTECTION OF INFORMATION OBTAINED BY FOREIGN LAW ENFORCEMENT AND FINANCIAL INTELLIGENCE UNITS FREEDOM OF INFORMATION ACT — ‘‘ 1 DEFINITIONS —In this subsection ‘‘ A FOREIGN ANTI-MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM AUTHORITY —The term ‘foreign anti-money laundering and countering the financing of terrorism authority’ means any foreign agency or authority that is empowered under foreign law to regulate or supervise foreign financial institutions or designated non-financial businesses and professions with respect to laws concerning anti-money laundering and countering the financing of terrorism and proliferation ‘‘ B FOREIGN FINANCIAL INTELLIGENCE UNIT —The term ‘foreign financial intelligence unit’ means any foreign agency or authority including a foreign financial intelligence unit that is a member of the Egmont Group of Financial Intelligence Units that is empowered under foreign law as a jurisdiction’s national center for— ‘‘ i receipt and analysis of suspicious transaction reports and other information relevant to money laundering associated predicate offenses and the financing of terrorism and ‘‘ ii the dissemination of the results of the analysis described in clause i ‘‘ C FOREIGN LAW ENFORCEMENT AUTHORITY —The term ‘foreign law enforcement authority’ means any foreign agency or authority that is empowered under foreign law to detect investigate or prosecute potential violations of law ‘‘ 2 INFORMATION EXCHANGED WITH FOREIGN LAW ENFORCEMENT AUTHORITIES FOREIGN FINANCIAL INTELLIGENCE UNITS H R 6395—1174 AND FOREIGN ANTI-MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM AUTHORITIES — ‘‘ A IN GENERAL —The Department of the Treasury may not be compelled to search for or disclose information exchanged with a foreign law enforcement authority foreign financial intelligence unit or foreign anti-money laundering and countering the financing of terrorism authority ‘‘ B INAPPLICABILITY OF FREEDOM OF INFORMATION ACT — ‘‘ i IN GENERAL —Section 552 a 3 of title 5 commonly known as the ‘Freedom of Information Act’ shall not apply to any request for records or information exchanged between the Department of the Treasury and a foreign law enforcement authority foreign financial intelligence unit or foreign anti-money laundering and countering the financing of terrorism authority ‘‘ ii SPECIFICALLY EXEMPTED BY STATUTE —For purposes of section 552 of title 5 this paragraph shall be considered a statute described in subsection b 3 B of that section ‘‘ C CLARIFICATION ON INFORMATION LIMITATIONS AND PROTECTIONS — ‘‘ i IN GENERAL —The provisions of this paragraph shall apply only to information necessary to exercise the duties and powers described under subsection b ‘‘ ii APPROPRIATE CONFIDENTIALITY CLASSIFICATION AND DATA SECURITY REQUIREMENTS —The Secretary in consultation with the Director shall ensure that information provided to a foreign law enforcement authority foreign financial intelligence unit or foreign anti-money laundering and countering the financing of terrorism authority is subject to appropriate confidentiality classification and data security requirements ‘‘ 3 SAVINGS PROVISION —Nothing in this section shall authorize the Department of the Treasury to withhold information from Congress decline to carry out a search for information requested by Congress or prevent the Department of the Treasury from complying with an order of a court of the United States in an action commenced by the United States ’’ b AVAILABILITY OF REPORTS —Section 5319 of title 31 United States Code is amended in the fourth sentence by inserting ‘‘search and’’ before ‘‘disclosure’’ SEC 6110 BANK SECRECY ACT APPLICATION TO DEALERS IN ANTIQUITIES AND ASSESSMENT OF BANK SECRECY ACT APPLICATION TO DEALERS IN ARTS a BANK SECRECY ACT AMENDMENT — 1 IN GENERAL —Section 5312 a 2 of title 31 United States Code is amended— A by redesignating subparagraphs Y and Z as subparagraphs Z and AA respectively and B by inserting after subparagraph X the following ‘‘ Y a person engaged in the trade of antiquities including an advisor consultant or any other person who engages as a business in the solicitation or the sale of H R 6395—1175 antiquities subject to regulations prescribed by the Secretary ’’ 2 EFFECTIVE DATE —Section 5312 a 2 Y of title 31 United States Code as added by paragraph 1 shall take effect on the effective date of the final rules issued by the Secretary of the Treasury pursuant to subsection b b RULEMAKING — 1 IN GENERAL —Not later than 360 days after the date of enactment of this Act the Secretary of the Treasury shall issue proposed rules to carry out the amendments made by subsection a 2 CONSIDERATIONS —Before issuing a proposed rule under paragraph 1 the Secretary of the Treasury acting through the Director of the FinCEN in coordination with the Federal Bureau of Investigation the Attorney General and Homeland Security Investigations shall consider— A the appropriate scope for the rulemaking including determining which persons should be subject to the rulemaking by size type of business domestic or international geographical locations or otherwise B the degree to which the regulations should focus on high-value trade in antiquities and on the need to identify the actual purchasers of such antiquities in addition to the agents or intermediaries acting for or on behalf of such purchasers C the need if any to identify persons who are dealers advisors consultants or any other persons who engage as a business in the trade in antiquities D whether thresholds should apply in determining which persons to regulate E whether certain exemptions should apply to the regulations and F any other matter the Secretary determines appropriate c STUDY OF THE FACILITATION OF MONEY LAUNDERING AND TERROR FINANCE THROUGH THE TRADE IN WORKS OF ART —The Secretary in coordination with the Director of the Federal Bureau of Investigation the Attorney General and the Secretary of Homeland Security shall perform a study of the facilitation of money laundering and the financing of terrorism through the trade in works of art including an analysis of— 1 the extent to which the facilitation of money laundering and terror finance through the trade in works of art may enter or affect the financial system of the United States including any qualitative or quantitative data or statistics 2 an evaluation of which markets by size entity type domestic or international geographical locations or otherwise should be subject to any regulations 3 the degree to which the regulations if any should focus on high-value trade in works of art and on the need to identify the actual purchasers of such works in addition to the agents or intermediaries acting for or on behalf of such purchasers 4 the need if any to identify persons who are dealers advisors consultants or any other persons who engage as a business in the trade in works of art H R 6395—1176 5 whether thresholds and definitions should apply in determining which entities if any to regulate 6 an evaluation of whether certain exemptions should apply 7 whether information on certain transactions in the trade in works of art has a high degree of usefulness in criminal tax or regulatory matters and 8 any other matter the Secretary determines is appropriate d REPORT —Not later than 360 days after the date of enactment of this Act the Secretary in coordination with the Director of the Federal Bureau of Investigation the Attorney General and the Secretary of Homeland Security shall submit to the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains all findings and determinations made in carrying out the study required under subsection c e TECHNICAL AND CONFORMING AMENDMENTS — 1 The Comprehensive Iran Sanctions Accountability and Divestment Act of 2010 22 U S C 8501 et seq is amended— A in section 104 i 1 C 22 U S C 8513 i 1 C by striking ‘‘ Y ’’ and inserting ‘‘ Z ’’ and B in section 104A d 1 22 U S C 8513b d 1 by striking ‘‘ Y ’’ and inserting ‘‘ Z ’’ 2 Section 2 4 of the Ukraine Freedom Support Act of 2014 22 U S C 8921 4 is amended by striking ‘‘ Y ’’ and inserting ‘‘ Z ’’ SEC 6111 INCREASING TECHNICAL ASSISTANCE FOR INTERNATIONAL COOPERATION a AUTHORIZATION OF APPROPRIATIONS — 1 IN GENERAL —There is authorized to be appropriated to the Secretary for the purpose described in paragraph 2 $60 000 000 for each of fiscal years 2020 through 2024 2 PURPOSE DESCRIBED —The purpose described in this paragraph is the provision of technical assistance to foreign countries and financial institutions in foreign countries that promotes compliance with international standards and best practices including in particular international standards and best practices relating to the establishment of effective antimoney laundering programs and programs for countering the financing of terrorism 3 SENSE OF CONGRESS —It is the sense of Congress that this subsection could affect a number of Federal agencies and departments and the Secretary should as appropriate consult with the heads of those affected agencies and departments including the Attorney General in providing the technical assistance required under this subsection b REPORT ON TECHNICAL ASSISTANCE PROVIDED BY OFFICE OF TECHNICAL ASSISTANCE — 1 IN GENERAL —Not later than 1 year after the date of enactment of this Act and every 2 years thereafter for 5 years the Secretary shall submit to Congress a report on the assistance described in subsection a 2 provided by the Office of Technical Assistance of the Department of the Treasury H R 6395—1177 2 ELEMENTS —Each report required under paragraph 1 shall include— A a description of the strategic goals of the Office of Technical Assistance in the year preceding submission of the report including an explanation of how technical assistance provided by the Office in that year advanced those goals B a description of technical assistance provided by the Office in that year including the objectives and delivery methods of the assistance C a list of beneficiaries and providers other than Office staff of the technical assistance during that year and D a description of how— i technical assistance provided by the Office complements duplicates or otherwise affects or is affected by technical assistance provided by the international financial institutions as defined in section 1701 c of the International Financial Institutions Act 22 U S C 262r c and ii efforts to coordinate the technical assistance described in clause i SEC 6112 INTERNATIONAL COORDINATION a IN GENERAL —The Secretary shall work with foreign counterparts of the Secretary including through bilateral contacts the Financial Action Task Force the International Monetary Fund the World Bank the Egmont Group of Financial Intelligence Units the Organisation for Economic Co-operation and Development the Basel Committee on Banking Supervision and the United Nations to promote stronger anti-money laundering frameworks and enforcement of anti-money laundering laws b SUPPORT FOR STRENGTHENING THE CAPACITY OF THE INTERNATIONAL MONETARY FUND TO PREVENT MONEY LAUNDERING AND THE FINANCING OF TERRORISM —Section 7125 of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019 title LXXI of division F of Public Law 116–92 133 Stat 2249 is amended— 1 in subsection b by striking ‘‘5’’ and inserting ‘‘6’’ and 2 in subsection c by striking ‘‘2023’’ and inserting ‘‘2024’’ TITLE LXII—MODERNIZING THE ANTIMONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM SYSTEM Sec Sec Sec Sec 6201 6202 6203 6204 Annual reporting requirements Additional considerations for suspicious activity reporting requirements Law enforcement feedback on suspicious activity reports 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 H R 6395—1178 Sec Sec Sec Sec Sec 6208 6209 6210 6211 6212 Sec Sec Sec Sec 6213 6214 6215 6216 Establishment of Bank Secrecy Act Innovation Officers Testing methods rulemaking Financial technology assessment Financial crimes tech symposium Pilot program on sharing of information related to suspicious activity reports within a financial group Sharing of compliance resources Encouraging information sharing and public-private partnerships Financial services de-risking Review of regulations and guidance SEC 6201 ANNUAL REPORTING REQUIREMENTS a ANNUAL REPORT —Not later than 1 year after the date of enactment of this Act and annually thereafter the Attorney General in consultation with the Secretary Federal law enforcement agencies the Director of National Intelligence Federal functional regulators and the heads of other appropriate Federal agencies shall submit to the Secretary a report that contains statistics metrics and other information on the use of data derived from financial institutions reporting under the Bank Secrecy Act referred to in this subsection as the ‘‘reported data’’ including— 1 the frequency with which the reported data contains actionable information that leads to— A further procedures by law enforcement agencies including the use of a subpoena warrant or other legal process or B actions taken by intelligence national security or homeland security agencies 2 calculations of the time between the date on which the reported data is reported and the date on which the reported data is used by law enforcement intelligence national security or homeland security agencies whether through the use of— A a subpoena or warrant or B other legal process or action 3 an analysis of the transactions associated with the reported data including whether— A the suspicious accounts that are the subject of the reported data were held by legal entities or individuals and B there are trends and patterns in cross-border transactions to certain countries 4 the number of legal entities and individuals identified by the reported data 5 information on the extent to which arrests indictments convictions criminal pleas civil enforcement or forfeiture actions or actions by national security intelligence or homeland security agencies were related to the use of the reported data and 6 data on the investigations carried out by State and Federal authorities resulting from the reported data b REPORT —Beginning with the fifth report submitted under subsection a and once every 5 years thereafter that report shall include a section describing the use of data derived from reporting by financial institutions under the Bank Secrecy Act over the 5 years preceding the date on which the report is submitted which shall include a description of long-term trends and the use of long-term statistics metrics and other information c TRENDS PATTERNS AND THREATS —Each report required under subsection a and each section included under subsection b shall contain a description of retrospective trends and emerging H R 6395—1179 patterns and threats in money laundering and the financing of terrorism including national and regional trends patterns and threats relevant to the classes of financial institutions that the Attorney General determines appropriate d USE OF REPORT INFORMATION —The Secretary shall use the information reported under subsections a b and c — 1 to help assess the usefulness of reporting under the Bank Secrecy Act to— A criminal and civil law enforcement agencies B intelligence defense and homeland security agencies and C Federal functional regulators 2 to enhance feedback and communications with financial institutions and other entities subject to requirements under the Bank Secrecy Act including by providing more detail in the reports published and distributed under section 314 d of the USA PATRIOT Act 31 U S C 5311 note 3 to assist FinCEN in considering revisions to the reporting requirements promulgated under section 314 d of the USA PATRIOT Act 31 U S C 5311 note and 4 for any other purpose the Secretary determines is appropriate e CONFIDENTIALITY —Any information received by a financial institution under this section shall be subject to confidentiality requirements established by the Secretary SEC 6202 ADDITIONAL CONSIDERATIONS FOR SUSPICIOUS ACTIVITY REPORTING REQUIREMENTS Section 5318 g of title 31 United States Code is amended by adding at the end the following ‘‘ 5 CONSIDERATIONS IN IMPOSING REPORTING REQUIREMENTS — ‘‘ A DEFINITIONS —In this paragraph the terms ‘Bank Secrecy Act’ ‘Federal functional regulator’ ‘State bank supervisor’ and ‘State credit union supervisor’ have the meanings given the terms in section 6003 of the AntiMoney Laundering Act of 2020 ‘‘ B REQUIREMENTS —In imposing any requirement to report any suspicious transaction under this subsection the Secretary of the Treasury in consultation with the Attorney General appropriate representatives of State bank supervisors State credit union supervisors and the Federal functional regulators shall consider items that include— ‘‘ i the national priorities established by the Secretary ‘‘ ii the purposes described in section 5311 and ‘‘ iii the means by or form in which the Secretary shall receive such reporting including the burdens imposed by such means or form of reporting on persons required to provide such reporting the efficiency of the means or form and the benefits derived by the means or form of reporting by Federal law enforcement agencies and the intelligence community in countering financial crime including money laundering and the financing of terrorism H R 6395—1180 ‘‘ C COMPLIANCE PROGRAM —Reports filed under this subsection shall be guided by the compliance program of a covered financial institution with respect to the Bank Secrecy Act including the risk assessment processes of the covered institution that should include a consideration of priorities established by the Secretary of the Treasury under section 5318 ‘‘ D STREAMLINED DATA AND REAL-TIME REPORTING — ‘‘ i REQUIREMENT TO ESTABLISH SYSTEM —In considering the means by or form in which the Secretary of the Treasury shall receive reporting pursuant to subparagraph B iii the Secretary of the Treasury acting through the Director of the Financial Crimes Enforcement Network and in consultation with appropriate representatives of the State bank supervisors State credit union supervisors and Federal functional regulators shall— ‘‘ I establish streamlined including automated processes to as appropriate permit the filing of noncomplex categories of reports that— ‘‘ aa reduce burdens imposed on persons required to report and ‘‘ bb do not diminish the usefulness of the reporting to Federal law enforcement agencies national security officials and the intelligence community in combating financial crime including the financing of terrorism ‘‘ II subject to clause ii — ‘‘ aa permit streamlined including automated reporting for the categories described in subclause I and ‘‘ bb establish the conditions under which the reporting described in item aa is permitted and ‘‘ III establish additional systems and processes as necessary to allow for the reporting described in subclause II aa ‘‘ ii STANDARDS —The Secretary of the Treasury— ‘‘ I in carrying out clause i shall establish standards to ensure that streamlined reports relate to suspicious transactions relevant to potential violations of law including regulations and ‘‘ II in establishing the standards under subclause I shall consider transactions including structured transactions designed to evade any regulation promulgated under this subchapter certain fund and asset transfers with little or no apparent economic or business purpose transactions without lawful purposes and any other transaction that the Secretary determines to be appropriate ‘‘ iii RULE OF CONSTRUCTION —Nothing in this subparagraph may be construed to preclude the Secretary of the Treasury from— ‘‘ I requiring reporting as provided for in subparagraphs B and C or H R 6395—1181 ‘‘ II notifying Federal law enforcement with respect to any transaction that the Secretary has determined implicates a national priority established by the Secretary ’’ SEC 6203 LAW ENFORCEMENT FEEDBACK ON SUSPICIOUS ACTIVITY REPORTS a FEEDBACK — 1 IN GENERAL —FinCEN shall to the extent practicable periodically solicit feedback from individuals designated under section 5318 h 1 B of title 31 United States Code by a variety of financial institutions representing a cross-section of the reporting industry to review the suspicious activity reports filed by those financial institutions and discuss trends in suspicious activity observed by FinCEN 2 COORDINATION WITH FEDERAL FUNCTIONAL REGULATORS AND STATE BANK SUPERVISORS AND STATE CREDIT UNION SUPERVISORS —FinCEN shall provide any feedback solicited under paragraph 1 to the appropriate Federal functional regulator State bank supervisor or State credit union supervisor during the regularly scheduled examination of the applicable financial institution by the Federal functional regulator State bank supervisor or State credit union supervisor as applicable b DISCLOSURE REQUIRED — 1 IN GENERAL — A PERIODIC DISCLOSURE —Except as provided in paragraph 2 FinCEN shall to the extent practicable periodically disclose to each financial institution in summary form information on suspicious activity reports filed that proved useful to Federal or State criminal or civil law enforcement agencies during the period since the most recent disclosure under this paragraph to the financial institution B RULE OF CONSTRUCTION —Nothing in this paragraph may be construed to require the public disclosure of any information filed with the Department of the Treasury under the Bank Secrecy Act 2 EXCEPTION FOR ONGOING OR CLOSED INVESTIGATIONS AND TO PROTECT NATIONAL SECURITY —FinCEN shall not be required to disclose to a financial institution any information under paragraph 1 that relates to an ongoing or closed investigation or implicates the national security of the United States 3 MAINTENANCE OF STATISTICS —With respect to the actions described in paragraph 1 FinCEN shall keep records of all such actions taken to assist with the production of the reports described in paragraph 5 of section 5318 g of title 31 United States Code as added by section 6202 of this division and for other purposes 4 COORDINATION WITH DEPARTMENT OF JUSTICE —The information disclosed by FinCEN under this subsection shall include information from the Department of Justice regarding— A the review and use by the Department of suspicious activity reports filed by the applicable financial institution during the period since the most recent disclosure under this subsection and B any trends in suspicious activity observed by the Department H R 6395—1182 SEC 6204 STREAMLINING REQUIREMENTS FOR CURRENCY TRANSACTION REPORTS AND SUSPICIOUS ACTIVITY REPORTS a REVIEW —The Secretary in consultation with the Attorney General Federal law enforcement agencies the Secretary of Homeland Security the Federal functional regulators State bank supervisors State credit union supervisors and other relevant stakeholders shall undertake a formal review of the financial institution reporting requirements relating to currency transaction reports and suspicious activity reports as in effect on the date of enactment of this Act including the processes used to submit reports under the Bank Secrecy Act regulations implementing the Bank Secrecy Act and related guidance and propose changes to those reports to reduce any unnecessarily burdensome regulatory requirements and ensure that the information provided fulfills the purposes described in section 5311 of title 31 United States Code as amended by section 6101 a of this division b CONTENTS —The review required under subsection a shall— 1 rely substantially on information obtained through the BSA Data Value Analysis Project conducted by FinCEN and 2 include a review of— A whether the circumstances under which a financial institution determines whether to file a continuing suspicious activity report including insider abuse or the processes followed by a financial institution in determining whether to file a continuing suspicious activity report or both should be streamlined or otherwise adjusted B whether different thresholds should apply to different categories of activities C the fields designated as critical on the suspicious activity report form the fields on the currency transaction report form and whether the number or nature of the fields on those forms should be adjusted D the categories types and characteristics of suspicious activity reports and currency transaction reports that are of the greatest value to and that best support investigative priorities of law enforcement and national security agencies E the increased use or expansion of exemption provisions to reduce currency transaction reports that may be of little or no value to the efforts of law enforcement agencies F the most appropriate ways to promote financial inclusion and address the adverse consequences of financial institutions de-risking entire categories of relationships including charities embassy accounts and money service businesses as defined in section 1010 100 ff of title 31 Code of Federal Regulations and certain groups of correspondent banks without conducting a proper assessment of the specific risk of each individual member of these populations G the current financial institution reporting requirements under the Bank Secrecy Act and regulations and guidance implementing the Bank Secrecy Act H whether the process for the electronic submission of reports could be improved for both financial institutions and law enforcement agencies including by allowing H R 6395—1183 greater integration between financial institution systems and the electronic filing system to allow for automatic population of report fields and the automatic submission of transaction data for suspicious transactions without bypassing the obligation of each reporting financial institution to assess the specific risk of the transactions reported I the appropriate manner in which to ensure the security and confidentiality of personal information J how to improve the cross-referencing of individuals or entities operating at multiple financial institutions and across international borders K whether there are ways to improve currency transaction report aggregation for entities with common ownership L whether financial institutions should be permitted to streamline or otherwise adjust with respect to particular types of customers or transactions the process for determining whether activity is suspicious or the information included in the narrative of a suspicious activity report and M any other matter the Secretary determines is appropriate c REPORT —Not later than 1 year after the date of enactment of this Act the Secretary in consultation with the Attorney General Federal law enforcement agencies the Director of National Intelligence the Secretary of Homeland Security and the Federal functional regulators shall— 1 submit to Congress a report that contains all findings and determinations made in carrying out the review required under subsection a and 2 propose rulemakings as appropriate to implement the findings and determinations described in paragraph 1 SEC 6205 CURRENCY TRANSACTION REPORTS AND SUSPICIOUS ACTIVITY REPORTS THRESHOLDS REVIEW a REVIEW OF THRESHOLDS FOR CERTAIN CURRENCY TRANSREPORTS AND SUSPICIOUS ACTIVITY REPORTS —The Secretary in consultation with the Attorney General the Director of National Intelligence the Secretary of Homeland Security the Federal functional regulators State bank supervisors State credit union supervisors and other relevant stakeholders shall review and determine whether the dollar thresholds including aggregate thresholds under sections 5313 5318 g and 5331 of title 31 United States Code including regulations issued under those sections should be adjusted b CONSIDERATIONS —In making the determinations required under subsection a the Secretary in consultation with the Attorney General the Director of National Intelligence the Secretary of Homeland Security the Federal functional regulators State bank supervisors State credit union supervisors and other relevant stakeholders shall— 1 rely substantially on information obtained through the BSA Data Value Analysis Project conducted by FinCEN and on information obtained through the Currency Transaction Report analyses conducted by the Comptroller General of the United States and 2 consider— ACTION H R 6395—1184 A the effects that adjusting the thresholds would have on law enforcement intelligence national security and homeland security agencies B the costs likely to be incurred or saved by financial institutions from any adjustment to the thresholds C whether adjusting the thresholds would better conform the United States with international norms and standards to counter money laundering and the financing of terrorism D whether currency transaction report thresholds should be tied to inflation or otherwise be adjusted based on other factors consistent with the purposes of the Bank Secrecy Act E any other matter that the Secretary determines is appropriate c REPORT AND RULEMAKINGS —Not later than 1 year after the date of enactment of this Act the Secretary in consultation with the Attorney General the Director of National Intelligence the Secretary of Homeland Security the Federal functional regulators State bank supervisors State credit union supervisors and other relevant stakeholders shall— 1 publish a report of the findings from the review required under subsection a and 2 propose rulemakings as appropriate to implement the findings and determinations described in paragraph 1 d UPDATES —Not less frequently than once every 5 years during the 10-year period beginning on the date of enactment of this Act the Secretary shall— 1 evaluate findings and rulemakings described in subsection c and 2 transmit a written summary of the evaluation to the Committee on Financial Services of the House of Representatives and the Committee on Banking Housing and Urban Affairs of the Senate and 3 propose rulemakings as appropriate in response to the evaluation required under paragraph 1 SEC 6206 SHARING OF THREAT PATTERN AND TREND INFORMATION Section 5318 g of title 31 United States Code as amended by section 6202 of this division is amended by adding at the end the following ‘‘ 6 SHARING OF THREAT PATTERN AND TREND INFORMATION — ‘‘ A DEFINITIONS —In this paragraph— ‘‘ i the terms ‘Bank Secrecy Act’ and ‘Federal functional regulator’ have the meanings given the terms in section 6003 of the Anti-Money Laundering Act of 2020 and ‘‘ ii the term ‘typology’ means a technique to launder money or finance terrorism ‘‘ B SUSPICIOUS ACTIVITY REPORT ACTIVITY REVIEW — Not less frequently than semiannually the Director of the Financial Crimes Enforcement Network shall publish threat pattern and trend information to provide meaningful information about the preparation use and value of reports filed under this subsection by financial institutions as H R 6395—1185 well as other reports filed by financial institutions under the Bank Secrecy Act ‘‘ C INCLUSION OF TYPOLOGIES —In each publication published under subparagraph B the Director shall provide financial institutions and the Federal functional regulators with typologies including data that can be adapted in algorithms if appropriate relating to emerging money laundering and terrorist financing threat patterns and trends ‘‘ 7 RULES OF CONSTRUCTION —Nothing in this subsection may be construed as precluding the Secretary of the Treasury from— ‘‘ A requiring reporting as provided under subparagraphs A and B of paragraph 6 or ‘‘ B notifying a Federal law enforcement agency with respect to any transaction that the Secretary has determined directly implicates a national priority established by the Secretary ’’ SEC 6207 SUBCOMMITTEE ON INNOVATION AND TECHNOLOGY Section 1564 of the Annunzio-Wylie Anti-Money Laundering Act 31 U S C 5311 note is amended by adding at the end the following ‘‘ d SUBCOMMITTEE ON INNOVATION AND TECHNOLOGY — ‘‘ 1 DEFINITIONS —In this subsection the terms ‘Bank Secrecy Act’ ‘State bank supervisor’ and ‘State credit union supervisor’ have the meanings given the terms in section 6003 of the Anti-Money Laundering Act of 2020 ‘‘ 2 ESTABLISHMENT —There shall be within the Bank Secrecy Act Advisory Group a subcommittee to be known as the ‘Subcommittee on Innovation and Technology’ to— ‘‘ A advise the Secretary of the Treasury regarding means by which the Department of the Treasury FinCEN the Federal functional regulators State bank supervisors and State credit union supervisors as appropriate can most effectively encourage and support technological innovation in the area of anti-money laundering and countering the financing of terrorism and proliferation and ‘‘ B reduce to the extent practicable obstacles to innovation that may arise from existing regulations guidance and examination practices related to compliance of financial institutions with the Bank Secrecy Act ‘‘ 3 MEMBERSHIP — ‘‘ A IN GENERAL —The subcommittee established under paragraph 1 shall consist of the representatives of the heads of the Federal functional regulators including as appropriate the Bank Secrecy Act Innovation Officers as established in section 6208 of the Anti-Money Laundering Act of 2020 a representative of State bank supervisors a representative of State credit union supervisors representatives of a cross-section of financial institutions subject to the Bank Secrecy Act law enforcement FinCEN and any other representative as determined by the Secretary of the Treasury ‘‘ B REQUIREMENTS —Each agency representative described in subparagraph A shall be an individual who H R 6395—1186 has demonstrated knowledge and competence concerning the application of the Bank Secrecy Act ‘‘ 4 SUNSET — ‘‘ A IN GENERAL —Except as provided in subparagraph B the Subcommittee on Innovation and Technology shall terminate on the date that is 5 years after the date of enactment of this subsection ‘‘ B EXCEPTION —The Secretary of the Treasury may renew the Subcommittee on Innovation for 1-year periods beginning on the date that is 5 years after the date of enactment of this subsection ’’ SEC 6208 ESTABLISHMENT OF BANK SECRECY ACT INNOVATION OFFICERS a APPOINTMENT OF OFFICERS —Not later than 1 year after the effective date of the regulations promulgated under subsection d of section 310 of title 31 United States Code as added by section 6103 of this division an Innovation Officer shall be appointed within FinCEN and each Federal functional regulator b INNOVATION OFFICER —The Innovation Officer shall be appointed by and report to the Director of FinCEN or the head of the Federal functional regulator as applicable c DUTIES —Each Innovation Officer in coordination with other Innovation Officers and the agencies of the Innovation Officers shall— 1 provide outreach to law enforcement agencies State bank supervisors financial institutions and associations of financial institutions agents of financial institutions and other persons including service providers vendors and technology companies with respect to innovative methods processes and new technologies that may assist in compliance with the requirements of the Bank Secrecy Act 2 provide technical assistance or guidance relating to the implementation of responsible innovation and new technology by financial institutions and associations of financial institutions agents of financial institutions and other persons including service providers vendors and technology companies in a manner that complies with the requirements of the Bank Secrecy Act 3 if appropriate explore opportunities for public-private partnerships and 4 if appropriate develop metrics of success SEC 6209 TESTING METHODS RULEMAKING a IN GENERAL —Section 5318 of title 31 United States Code is amended by adding at the end the following ‘‘ o TESTING — ‘‘ 1 IN GENERAL —The Secretary of the Treasury in consultation with the head of each agency to which the Secretary has delegated duties or powers under subsection a shall issue a rule to specify with respect to technology and related technology internal processes designed to facilitate compliance with the requirements under this subchapter the standards by which financial institutions are to test the technology and related technology internal processes ‘‘ 2 STANDARDS —The standards described in paragraph 1 may include— H R 6395—1187 ‘‘ A an emphasis on using innovative approaches such as machine learning or other enhanced data analytics processes ‘‘ B risk-based testing oversight and other risk management approaches of the regime prior to and after implementation to facilitate calibration of relevant systems and prudently evaluate and monitor the effectiveness of their implementation ‘‘ C specific criteria for when and how risk-based testing against existing processes should be considered to test and validate the effectiveness of relevant systems and situations and standards for when other risk management processes including those developed by or through third party risk and compliance management systems and oversight may be more appropriate ‘‘ D specific standards for a risk governance framework for financial institutions to provide oversight and to prudently evaluate and monitor systems and testing processes both pre- and post-implementation ‘‘ E requirements for appropriate data privacy and information security and ‘‘ F a requirement that the system configurations including any applicable algorithms and any validation of those configurations used by the regime be disclosed to the Financial Crimes Enforcement Network and the appropriate Federal functional regulator upon request ‘‘ 3 CONFIDENTIALITY OF ALGORITHMS — ‘‘ A IN GENERAL —If a financial institution or any director officer employee or agent of any financial institution voluntarily or pursuant to this subsection or any other authority discloses the algorithms of the financial institution to a government agency the algorithms and any materials associated with the creation or adaption of such algorithms shall be considered confidential and not subject to public disclosure ‘‘ B FREEDOM OF INFORMATION ACT —Section 552 a 3 of title 5 commonly known as the ‘Freedom of Information Act’ shall not apply to any request for algorithms described in subparagraph A and any materials associated with the creation or adaptation of the algorithms ‘‘ 4 DEFINITION —In this subsection the term ‘Federal functional regulator’ means— ‘‘ A the Board of Governors of the Federal Reserve System ‘‘ B the Office of the Comptroller of the Currency ‘‘ C the Federal Deposit Insurance Corporation ‘‘ D the National Credit Union Administration ‘‘ E the Securities and Exchange Commission and ‘‘ F the Commodity Futures Trading Commission ’’ b UPDATE OF MANUAL —The Financial Institutions Examination Council shall ensure that any manual prepared by the Council is— 1 updated to reflect the rulemaking required by subsection o section 5318 of title 31 United States Code as added by subsection a of this section and H R 6395—1188 2 consistent with relevant FinCEN and Federal functional regulator guidance including the December 2018 Joint Statement on Innovative Efforts to Combat Money Laundering and Terrorist Financing SEC 6210 FINANCIAL TECHNOLOGY ASSESSMENT a IN GENERAL —The Secretary in consultation with financial regulators technology experts national security experts law enforcement and any other group the Secretary determines is appropriate shall analyze the impact of financial technology on financial crimes compliance including with respect to money laundering the financing of terrorism proliferation finance serious tax fraud trafficking sanctions evasion and other illicit finance b COORDINATION —In carrying out the duties required under this section the Secretary shall consult with relevant agency officials and consider other interagency efforts and data relating to examining the impact of financial technology including activities conducted by— 1 cyber security working groups at the Department of the Treasury 2 cyber security experts identified by the Attorney General and the Secretary of Homeland Security 3 the intelligence community and 4 the Financial Stability Oversight Council c REPORT —Not later than 1 year after the date of enactment of this Act the Secretary shall submit to the Committee on Banking Housing and Urban Affairs and the Committee on Foreign Relations of the Senate and the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives a report containing any findings under subsection a including legislative and administrative recommendations SEC 6211 FINANCIAL CRIMES TECH SYMPOSIUM a PURPOSE —The purposes of this section are to— 1 promote greater international collaboration in the effort to prevent and detect financial crimes and suspicious activities and 2 facilitate the investigation development and timely adoption of new technologies aimed at preventing and detecting financial crimes and other illicit activities b PERIODIC MEETINGS —The Secretary shall in coordination with the Subcommittee on Innovation and Technology established under subsection d of section 1564 of the Annunzio-Wylie AntiMoney Laundering Act as added by section 6207 of this division periodically convene a global anti-money laundering and financial crime symposium focused on how new technology can be used to more effectively combat financial crimes and other illicit activities c ATTENDEES —Attendees at each symposium convened under this section shall include domestic and international financial regulators senior executives from regulated firms technology providers representatives from law enforcement and national security agencies academic and other experts and other individuals that the Secretary determines are appropriate d PANELS —At each symposium convened under this section the Secretary shall convene panels in order to review new technologies and permit attendees to demonstrate proof of concept H R 6395—1189 e IMPLEMENTATION AND REPORTS —The Secretary shall to the extent practicable and necessary work to provide policy clarity which may include providing reports or guidance to stakeholders regarding innovative technologies and practices presented at each symposium convened under this section to the extent that those technologies and practices further the purposes of this section f FINCEN BRIEFING —Not later than 90 days after the date of enactment of this Act the Director of FinCEN shall brief the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the use of emerging technologies including— 1 the status of implementation and internal use of emerging technologies including artificial intelligence digital identity technologies distributed ledger technologies and other innovative technologies within FinCEN 2 whether artificial intelligence digital identity technologies distributed ledger technologies and other innovative technologies can be further leveraged to make data analysis by FinCEN more efficient and effective 3 whether FinCEN could better use artificial intelligence digital identity technologies distributed ledger technologies and other innovative technologies to— A more actively analyze and disseminate the information FinCEN collects and stores to provide investigative leads to Federal State Tribal and local law enforcement agencies and other Federal agencies and B better support ongoing investigations by FinCEN when referring a case to the agencies described in subparagraph A 4 with respect to each of paragraphs 1 2 and 3 any best practices or significant concerns identified by the Director and their applicability to artificial intelligence digital identity technologies distributed ledger technologies and other innovative technologies with respect to United States efforts to combat money laundering and other forms of illicit finance 5 any policy recommendations that could facilitate and improve communication and coordination between the private sector FinCEN and the agencies described in paragraph 3 through the implementation of innovative approaches to meet the obligations of the agencies under the Bank Secrecy Act and anti-money laundering compliance and 6 any other matter the Director determines is appropriate SEC 6212 PILOT PROGRAM ON SHARING OF INFORMATION RELATED TO SUSPICIOUS ACTIVITY REPORTS WITHIN A FINANCIAL GROUP a SHARING WITH FOREIGN BRANCHES AND AFFILIATES —Section 5318 g of title 31 United States Code as amended by sections 6202 and 6206 of this division is amended by adding at the end the following ‘‘ 8 PILOT PROGRAM ON SHARING WITH FOREIGN BRANCHES SUBSIDIARIES AND AFFILIATES — ‘‘ A IN GENERAL — ‘‘ i ISSUANCE OF RULES —Not later than 1 year after the date of enactment of this paragraph the H R 6395—1190 Secretary of the Treasury shall issue rules in coordination with the Director of the Financial Crimes Enforcement Network establishing the pilot program described in subparagraph B ‘‘ ii CONSIDERATIONS —In issuing the rules required under clause i the Secretary shall ensure that the sharing of information described in subparagraph B — ‘‘ I is limited by the requirements of Federal and State law enforcement operations ‘‘ II takes into account potential concerns of the intelligence community and ‘‘ III is subject to appropriate standards and requirements regarding data security and the confidentiality of personally identifiable information ‘‘ B PILOT PROGRAM DESCRIBED —The pilot program described in this paragraph shall— ‘‘ i permit a financial institution with a reporting obligation under this subsection to share information related to reports under this subsection including that such a report has been filed with the institution’s foreign branches subsidiaries and affiliates for the purpose of combating illicit finance risks notwithstanding any other provision of law except subparagraph A or C ‘‘ ii permit the Secretary to consider implement and enforce provisions that would hold a foreign affiliate of a United States financial institution liable for the disclosure of information related to reports under this section ‘‘ iii terminate on the date that is 3 years after the date of enactment of this paragraph except that the Secretary of the Treasury may extend the pilot program for not more than 2 years upon submitting to the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that includes— ‘‘ I a certification that the extension is in the national interest of the United States with a detailed explanation of the reasons that the extension is in the national interest of the United States ‘‘ II after appropriate consultation by the Secretary with participants in the pilot program an evaluation of the usefulness of the pilot program including a detailed analysis of any illicit activity identified or prevented as a result of the program and ‘‘ III a detailed legislative proposal providing for a long-term extension of activities under the pilot program measures to ensure data security and confidentiality of personally identifiable information including expected budgetary resources for those activities if the Secretary of the Treasury determines that a long-term extension is appropriate ‘‘ C PROHIBITION INVOLVING CERTAIN JURISDICTIONS — H R 6395—1191 ‘‘ i IN GENERAL —In issuing the rules required under subparagraph A the Secretary of the Treasury may not permit a financial institution to share information on reports under this subsection with a foreign branch subsidiary or affiliate located in— ‘‘ I the People’s Republic of China ‘‘ II the Russian Federation or ‘‘ III a jurisdiction that— ‘‘ aa is a state sponsor of terrorism ‘‘ bb is subject to sanctions imposed by the Federal Government or ‘‘ cc the Secretary has determined cannot reasonably protect the security and confidentiality of such information ‘‘ ii EXCEPTIONS —The Secretary is authorized to make exceptions on a case-by-case basis for a financial institution located in a jurisdiction listed in subclause I or II of clause i if the Secretary notifies the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that such an exception is in the national security interest of the United States ‘‘ D IMPLEMENTATION UPDATES —Not later than 360 days after the date on which rules are issued under subparagraph A and annually thereafter for 3 years the Secretary of the Treasury or the designee of the Secretary shall brief the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on— ‘‘ i the degree of any information sharing permitted under the pilot program and a description of criteria used by the Secretary to evaluate the appropriateness of the information sharing ‘‘ ii the effectiveness of the pilot program in identifying or preventing the violation of a United States law or regulation and mechanisms that may improve that effectiveness and ‘‘ iii any recommendations to amend the design of the pilot program ‘‘ 9 TREATMENT OF FOREIGN JURISDICTION-ORIGINATED REPORTS —Information related to a report received by a financial institution from a foreign affiliate with respect to a suspicious transaction relevant to a possible violation of law or regulation shall be subject to the same confidentiality requirements provided under this subsection for a report of a suspicious transaction described in paragraph 1 ‘‘ 10 NO OFFSHORING COMPLIANCE —No financial institution may establish or maintain any operation located outside of the United States the primary purpose of which is to ensure compliance with the Bank Secrecy Act as a result of the sharing granted under this subsection ‘‘ 11 DEFINITIONS —In this subsection ‘‘ A AFFILIATE —The term ‘affiliate’ means an entity that controls is controlled by or is under common control with another entity ‘‘ B BANK SECRECY ACT STATE BANK SUPERVISOR STATE CREDIT UNION SUPERVISOR —The terms ‘Bank H R 6395—1192 Secrecy Act’ ‘State bank supervisor’ and ‘State credit union supervisor’ have the meanings given the terms in section 6003 of the Anti-Money Laundering Act of 2020 ’’ b NOTIFICATION PROHIBITIONS —Section 5318 g 2 A of title 31 United States Code is amended— 1 in clause i by inserting ‘‘or otherwise reveal any information that would reveal that the transaction has been reported ’’ after ‘‘transaction has been reported’’ and 2 in clause ii by inserting ‘‘or otherwise reveal any information that would reveal that the transaction has been reported ’’ after ‘‘transaction has been reported ’’ SEC 6213 SHARING OF COMPLIANCE RESOURCES a IN GENERAL —Section 5318 of title 31 United States Code as amended by section 6209 of this division is amended by adding at the end the following ‘‘ p SHARING OF COMPLIANCE RESOURCES — ‘‘ 1 SHARING PERMITTED —In order to more efficiently comply with the requirements of this subchapter 2 or more financial institutions may enter into collaborative arrangements as described in the statement entitled ‘Interagency Statement on Sharing Bank Secrecy Act Resources’ published on October 3 2018 by the Board of Governors of the Federal Reserve System the Federal Deposit Insurance Corporation the Financial Crimes Enforcement Network the National Credit Union Administration and the Office of the Comptroller of the Currency ‘‘ 2 OUTREACH —The Secretary of the Treasury and the appropriate supervising agencies shall carry out an outreach program to provide financial institutions with information including best practices with respect to the collaborative arrangements described in paragraph 1 ’’ b RULE OF CONSTRUCTION —The amendment made by subsection a may not be construed to require financial institutions to share resources SEC 6214 ENCOURAGING INFORMATION SHARING AND PUBLIC-PRIVATE PARTNERSHIPS a IN GENERAL —The Secretary shall convene a supervisory team of relevant Federal agencies private sector experts in banking national security and law enforcement and other stakeholders to examine strategies to increase cooperation between the public and private sectors for purposes of countering illicit finance including proliferation finance and sanctions evasion b MEETINGS —The supervisory team convened under subsection a shall meet periodically to advise on strategies to combat the risk relating to proliferation financing c FEDERAL ADVISORY COMMITTEE ACT —The Federal Advisory Committee Act 5 U S C App shall not apply to the supervisory team convened under subsection a or to the activities of the supervisory team SEC 6215 FINANCIAL SERVICES DE-RISKING a SENSE OF CONGRESS —It is the sense of Congress that— 1 providing vital humanitarian and development assistance and protecting the integrity of the international financial system are complementary goals H R 6395—1193 2 nonprofit organizations based in the United States with international activities often face difficulties with financial access most commonly the inability to send funds internationally through transparent regulated financial channels 3 without access to timely and predictable banking services nonprofit organizations including international development organizations cannot carry out essential humanitarian activities critical to the survival of those in affected communities 4 similar access issues are a concern for other underserved individuals and entities such as those sending remittances from the United States to their families overseas and certain domestic and overseas jurisdictions that have experienced curtailed access to cross-border financial services due in part to de-risking 5 the financial exclusion caused by de-risking can ultimately drive money into less transparent shadow channels through the carrying of cash or use of unlicensed or unregistered money service remitters thus reducing transparency and traceability which are critical for financial integrity and can increase the risk of money falling into the wrong hands 6 effective measures are needed to stop the flow of illicit funds and promote the goals of anti-money laundering and countering the financing of terrorism and sanctions regimes 7 anti-money laundering countering the financing of terrorism and sanctions policies are needed that do not unduly hinder or delay the efforts of legitimate humanitarian organizations in providing assistance to— A meet the needs of civilians facing a humanitarian crisis including enabling governments and humanitarian organizations to provide them with timely access to food health and medical care shelter and clean drinking water and B prevent or alleviate human suffering in keeping with requirements of international humanitarian law 8 anti-money laundering countering the financing of terrorism and sanctions policies must ensure that the policies do not unduly hinder or delay legitimate access to the international financial system for underserved individuals entities and geographic areas 9 policies that ensure that incidental inadvertent benefits that may indirectly benefit a designated group in the course of delivering life-saving aid to civilian populations are not the primary focus of Federal Government enforcement efforts 10 policies that encourage financial inclusion particularly of underserved populations must remain a priority and 11 laws regulations policies guidance and other measures that ensure the integrity of the financial system through a risk-based approach should be prioritized b GAO DE-RISKING ANALYSIS — 1 IN GENERAL —Not later than 1 year after the date of enactment of this Act the Comptroller General of the United States shall conduct an analysis and submit to Congress a report on financial services de-risking 2 CONTENTS —The analysis required under paragraph 1 shall— H R 6395—1194 A rely substantially on information obtained through prior de-risking analyses conducted by the Comptroller General of the United States B consider the many drivers of de-risking as identified by the Financial Action Task Force including profitability reputational risk lower risk appetites of banks regulatory burdens and unclear expectations and sanctions regimes and C identify options for financial institutions handling transactions or accounts for high-risk categories of clients and for minimizing the negative effects of anti-money laundering and countering the financing of terrorism requirements on such individuals and entities and on certain high-risk geographic jurisdictions without compromising the effectiveness of Federal anti-money laundering and countering the financing of terrorism requirements c REVIEW OF DE-RISKING — 1 DEFINITION —In this subsection the term ‘‘de-risking’’ means actions taken by a financial institution to terminate fail to initiate or restrict a business relationship with a customer or a category of customers rather than manage the risk associated with that relationship consistent with risk-based supervisory or regulatory requirements due to drivers such as profitability reputational risk lower risk appetites of banks regulatory burdens or unclear expectations and sanctions regimes 2 REVIEW —Upon completion of the analysis required under subsection b the Secretary in consultation with the Federal functional regulators State bank supervisors State credit union supervisors and appropriate public- and privatesector stakeholders shall— A undertake a formal review of the financial institution reporting requirements as in effect on the date of enactment of this Act including the processes used to submit reports under the Bank Secrecy Act regulations implementing the Bank Secrecy Act examination standards related to the Bank Secrecy Act and related guidance and B propose changes as appropriate to those requirements and examination standards described in paragraph 1 to reduce any unnecessarily burdensome regulatory requirements and ensure that the information provided fulfills the purpose described in section 5311 of title 31 United States Code as amended by this division 3 CONTENTS —The review required under paragraph 2 shall— A rely substantially on information obtained through the de-risking analyses conducted by the Comptroller General of the United States and B consider— i any adverse consequence of financial institutions de-risking entire categories of relationships including charities embassy accounts money services businesses as defined in section 1010 100 of title 31 Code of Federal Regulations or a successor regulation agents of the financial institutions countries international and domestic regions and respondent banks H R 6395—1195 ii the reasons why financial institutions are engaging in de-risking including the role of domestic and international regulations standards and examinations iii the association with and effects of de-risking on money laundering and financial crime actors and activities iv the most appropriate ways to promote financial inclusion particularly with respect to developing countries while maintaining compliance with the Bank Secrecy Act including an assessment of policy options to— I more effectively tailor Federal actions and penalties to the size of foreign financial institutions and any capacity limitations of foreign governments and II reduce compliance costs that may lead to the adverse consequences described in clause i v formal and informal feedback provided by examiners that may have led to de-risking vi the relationship between resources dedicated to compliance and overall sophistication of compliance efforts at entities that may be experiencing de-risking especially compared to those that have not experienced de-risking vii best practices from the private sector that facilitate correspondent banking relationships and viii other matters that the Secretary determines are appropriate 4 STRATEGY ON DE-RISKING —Upon the completion of the review required under this subsection the Secretary of the Treasury in consultation with the Federal functional regulators State bank supervisors State credit union supervisors and appropriate public- and private-sector stakeholders shall develop a strategy to reduce de-risking and adverse consequences related to de-risking 5 REPORT —Not later than 1 year after the completion of the analysis required under subsection b the Secretary shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking Housing and Urban Affairs of the Senate a report containing— A all findings and determinations made in carrying out the review required under this subsection and B the strategy developed under paragraph 4 SEC 6216 REVIEW OF REGULATIONS AND GUIDANCE a IN GENERAL —The Secretary in consultation with the Federal functional regulators the Financial Institutions Examination Council the Attorney General Federal law enforcement agencies the Director of National Intelligence the Secretary of Homeland Security and the Commissioner of Internal Revenue shall— 1 undertake a formal review of the regulations implementing the Bank Secrecy Act and guidance related to that Act— A to ensure the Department of the Treasury provides on a continuing basis for appropriate safeguards to protect H R 6395—1196 the financial system from threats including money laundering and the financing of terrorism and proliferation to national security posed by various forms of financial crime B to ensure that those provisions will continue to require certain reports or records that are highly useful in countering financial crime and C to identify those regulations and guidance that— i may be outdated redundant or otherwise do not promote a risk-based anti-money laundering compliance and countering the financing of terrorism regime for financial institutions or ii do not conform with the commitments of the United States to meet international standards to combat money laundering financing of terrorism serious tax fraud or other financial crimes and 2 make appropriate changes to the regulations and guidance described in paragraph 1 to improve as appropriate the efficiency of those provisions b PUBLIC COMMENT —The Secretary shall solicit public comment as part of the review required under subsection a c REPORT —Not later than 1 year after the date of enactment of this Act the Secretary in consultation with the Financial Institutions Examination Council the Federal functional regulators the Attorney General Federal law enforcement agencies the Director of National Intelligence the Secretary of Homeland Security and the Commissioner of Internal Revenue shall submit to Congress a report that contains all findings and determinations made in carrying out the review required under subsection a including administrative or legislative recommendations TITLE LXIII—IMPROVING ANTI-MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM COMMUNICATION OVERSIGHT AND PROCESSES Sec Sec Sec Sec Sec Sec Sec 6301 6302 6303 6304 6305 6306 6307 Sec 6308 Sec 6309 Sec 6310 Sec 6311 Sec 6312 Sec 6313 Sec 6314 Improved interagency coordination and consultation Subcommittee on Information Security and Confidentiality Establishment of Bank Secrecy Act Information Security Officers FinCEN analytical hub Assessment of Bank Secrecy Act no-action letters Cooperation with law enforcement Training for examiners on anti-money laundering and countering the financing of terrorism Obtaining foreign bank records from banks with United States correspondent accounts Additional damages for repeat Bank Secrecy Act violators Certain violators barred from serving on boards of United States financial institutions Department of Justice report on deferred and non-prosecution agreements Return of profits and bonuses Prohibition on concealment of the source of assets in monetary transactions Updating whistleblower incentives and protection H R 6395—1197 SEC 6301 IMPROVED INTERAGENCY COORDINATION AND CONSULTATION Section 5318 of title 31 United States Code as amended by sections 6209 and 6213 a of this division is amended by adding at the end the following ‘‘ q INTERAGENCY COORDINATION AND CONSULTATION — ‘‘ 1 IN GENERAL —The Secretary of the Treasury shall as appropriate invite an appropriate State bank supervisor and an appropriate State credit union supervisor to participate in the interagency consultation and coordination with the Federal depository institution regulators regarding the development or modification of any rule or regulation carrying out this subchapter ‘‘ 2 RULES OF CONSTRUCTION —Nothing in this subsection may be construed to— ‘‘ A affect modify or limit the discretion of the Secretary of the Treasury with respect to the methods or forms of interagency consultation and coordination or ‘‘ B require the Secretary of the Treasury or a Federal depository institution regulator to coordinate or consult with an appropriate State bank supervisor or to invite such supervisor to participate in interagency consultation and coordination with respect to a matter including a rule or regulation specifically affecting only Federal depository institutions or Federal credit unions ‘‘ 3 DEFINITIONS —In this subsection ‘‘ A APPROPRIATE STATE BANK SUPERVISOR —The term ‘appropriate State bank supervisor’ means the Chairman or members of the State Liaison Committee of the Financial Institutions Examination Council ‘‘ B APPROPRIATE STATE CREDIT UNION SUPERVISOR — The term ‘appropriate State credit union supervisor’ means the Chairman or members of the State Liaison Committee of the Financial Institutions Examination Council ‘‘ C FEDERAL CREDIT UNION —The term ‘Federal credit union’ has the meaning given the term in section 101 of the Federal Credit Union Act 12 U S C 1752 ‘‘ D FEDERAL DEPOSITORY INSTITUTION —The term ‘Federal depository institution’ has the meaning given the term in section 3 of the Federal Deposit Insurance Act 12 U S C 1813 ‘‘ E FEDERAL DEPOSITORY INSTITUTION REGULATORS — The term ‘Federal depository institution regulator’ means a member of the Financial Institutions Examination Council to which is delegated any authority of the Secretary under subsection a 1 ’’ SEC 6302 SUBCOMMITTEE ON INFORMATION SECURITY AND CONFIDENTIALITY Section 1564 of the Annunzio-Wylie Anti-Money Laundering Act 31 U S C 5311 note as amended by section 6207 of this division is amended by adding at the end the following ‘‘ e SUBCOMMITTEE ON INFORMATION SECURITY AND CONFIDENTIALITY — ‘‘ 1 IN GENERAL —There shall be within the Bank Secrecy Act Advisory Group a subcommittee to be known as the Subcommittee on Information Security and Confidentiality in this H R 6395—1198 subsection referred to as the ‘Subcommittee’ to advise the Secretary of the Treasury regarding the information security and confidentiality implications of regulations guidance information sharing programs and the examination for compliance with and enforcement of the provisions of the Bank Secrecy Act ‘‘ 2 MEMBERSHIP — ‘‘ A IN GENERAL —The Subcommittee shall consist of the representatives of the heads of the Federal functional regulators including as appropriate the Bank Secrecy Act Information Security Officers as established in section 6303 of the Anti-Money Laundering Act of 2020 and representatives from financial institutions subject to the Bank Secrecy Act law enforcement FinCEN and any other representatives as determined by the Secretary of the Treasury ‘‘ B REQUIREMENTS —Each agency representative described in subparagraph A shall be an individual who has demonstrated knowledge and competence concerning the application of the Bank Secrecy Act and familiarity with and expertise in applicable laws ‘‘ 3 SUNSET — ‘‘ A IN GENERAL —Except as provided in subparagraph B the Subcommittee shall terminate on the date that is 5 years after the date of enactment of this subsection ‘‘ B EXCEPTION —The Secretary of the Treasury may renew the Subcommittee for 1-year periods beginning on the date that is 5 years after the date of enactment of this subsection ‘‘ f DEFINITIONS —In this section ‘‘ 1 BANK SECRECY ACT —The term ‘Bank Secrecy Act’ has the meaning given the term in section 6003 of the Anti-Money Laundering Act of 2020 ‘‘ 2 FEDERAL FUNCTIONAL REGULATOR —The term ‘Federal functional regulator’ has the meaning given the term in section 509 of the Gramm-Leach-Bliley Act 15 U S C 6809 ‘‘ 3 FINCEN —The term ‘FinCEN’ means the Financial Crimes Enforcement Network of the Department of the Treasury ‘‘ 4 FINANCIAL INSTITUTION —The term ‘financial institution’ has the meaning given the term in section 5312 of title 31 United States Code ‘‘ 5 STATE CREDIT UNION SUPERVISOR —The term ‘State credit union supervisor’ means a State official described in section 107A e of the Federal Credit Union Act 12 U S C 1757a e ’’ SEC 6303 ESTABLISHMENT OF BANK SECRECY ACT INFORMATION SECURITY OFFICERS a APPOINTMENT OF OFFICERS —Not later than 1 year after the effective date of the regulations promulgated under subsection d of section 310 of title 31 United States Code as added by section 6103 of this division a Bank Secrecy Act Information Security Officer shall be appointed from among individuals with expertise in Federal information security or privacy laws or Bank Secrecy Act disclosure policies and procedures— H R 6395—1199 1 within each Federal functional regulator by the head of the Federal functional regulator 2 within FinCEN by the Director of FinCEN and 3 within the Internal Revenue Service by the Secretary b DUTIES —Each Bank Secrecy Act Information Security Officer shall with respect to the applicable regulator bureau or Center within which the Officer is located— 1 be consulted each time Bank Secrecy Act regulations affecting information security or disclosure of Bank Secrecy Act information are developed or reviewed 2 be consulted on information-sharing policies under the Bank Secrecy Act including those that allow financial institutions to share information with each other and foreign affiliates and those that allow Federal agencies to share with regulated entities 3 be consulted on coordination and clarity between proposed Bank Secrecy Act regulations and information security and confidentiality requirements including with respect to the reporting of suspicious transactions under section 5318 g of title 31 United States Code 4 be consulted on— A the development of new technologies that may strengthen information security and compliance with the Bank Secrecy Act and B the protection of information collected by each Federal functional regulator under the Bank Secrecy Act and 5 develop metrics of program success SEC 6304 FINCEN ANALYTICAL HUB Section 310 of title 31 United States Code as amended by sections 6103 6105 6107 6108 and 6109 of this division is amended by inserting after subsection i the following ‘‘ j ANALYTICAL EXPERTS — ‘‘ 1 IN GENERAL —FinCEN shall maintain financial experts capable of identifying tracking and tracing money laundering and terrorist-financing networks in order to conduct and support civil and criminal anti-money laundering and countering the financing of terrorism investigations conducted by the United States Government ‘‘ 2 FINCEN ANALYTICAL HUB —FinCEN upon a reasonable request from a Federal agency shall in collaboration with the requesting agency and the appropriate Federal functional regulator analyze the potential anti-money laundering and countering the financing of terrorism activity that prompted the request ‘‘ k DEFINITIONS —In this section ‘‘ 1 BANK SECRECY ACT —The term ‘Bank Secrecy Act’ has the meaning given the term in section 6003 of the Anti-Money Laundering Act of 2020 ‘‘ 2 FEDERAL FUNCTIONAL REGULATOR —The term ‘Federal functional regulator’ has the meaning given the term in section 509 of the Gramm-Leach-Bliley Act 15 U S C 6809 ‘‘ 3 FINANCIAL INSTITUTION —The term ‘financial institution’ has the meaning given the term in section 5312 of this title H R 6395—1200 ‘‘ 4 STATE BANK SUPERVISOR —The term ‘State bank supervisor’ has the meaning given the term in section 3 of the Federal Deposit Insurance Act 12 U S C 1813 ‘‘ 5 STATE CREDIT UNION SUPERVISOR —The term ‘State credit union supervisor’ means a State official described in section 107A e of the Federal Credit Union Act 12 U S C 1757a e ’’ SEC 6305 ASSESSMENT OF BANK SECRECY ACT NO-ACTION LETTERS a ASSESSMENT — 1 IN GENERAL —The Director in consultation with the Attorney General the Federal functional regulators State bank supervisors State credit union supervisors and other Federal agencies as appropriate shall conduct an assessment on whether to establish a process for the issuance of no-action letters by FinCEN in response to inquiries from persons concerning the application of the Bank Secrecy Act the USA PATRIOT Act Public Law 107–56 115 Stat 272 section 8 s of the Federal Deposit Insurance Act 12 U S C 1818 s or any other anti-money laundering or countering the financing of terrorism law including regulations to specific conduct including a request for a statement as to whether FinCEN or any relevant Federal functional regulator intends to take an enforcement action against the person with respect to such conduct 2 ANALYSIS —The assessment required under paragraph 1 shall include an analysis of— A a timeline for the process used to reach a final determination by FinCEN in consultation with the relevant Federal functional regulators in response to a request by a person for a no-action letter B whether improvements in current processes are necessary C whether a formal no-action letter process would help to mitigate or accentuate illicit finance risks in the United States and D any other matter the Secretary determines is appropriate b REPORT AND RULEMAKINGS —Not later than 180 days after the date of enactment of this Act the Secretary in coordination with the Director of the Federal Bureau of Investigation the Attorney General the Secretary of Homeland Security and the Federal functional regulators shall— 1 submit to the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains all findings and determinations made in carrying out the assessment required under subsection a and 2 propose rulemakings if appropriate to implement the findings and determinations described in paragraph 1 SEC 6306 COOPERATION WITH LAW ENFORCEMENT a IN GENERAL — 1 AMENDMENT TO TITLE 31 —Subchapter II of chapter 53 of title 31 United States Code is amended by adding at the end the following H R 6395—1201 ‘‘§ 5333 Safe harbor with respect to keep open directives ‘‘ a IN GENERAL —With respect to a customer account or customer transaction of a financial institution if a Federal law enforcement agency after notifying FinCEN of the intent to submit a written request to the financial institution that the financial institution keep that account or transaction open referred to in this section as a ‘keep open request’ or if a State Tribal or local law enforcement agency with the concurrence of FinCEN submits a keep open request— ‘‘ 1 the financial institution shall not be liable under this subchapter for maintaining that account or transaction consistent with the parameters and timing of the request and ‘‘ 2 no Federal or State department or agency may take any adverse supervisory action under this subchapter with respect to the financial institution solely for maintaining that account or transaction consistent with the parameters of the request ‘‘ b RULE OF CONSTRUCTION —Nothing in this section may be construed— ‘‘ 1 to prevent a Federal or State department or agency from verifying the validity of a keep open request submitted under subsection a with the law enforcement agency submitting that request ‘‘ 2 to relieve a financial institution from complying with any reporting requirements or any other provisions of this subchapter including the reporting of suspicious transactions under section 5318 g or ‘‘ 3 to extend the safe harbor described in subsection a to any actions taken by the financial institution— ‘‘ A before the date of the keep open request to maintain a customer account or ‘‘ B after the termination date stated in the keep open request ‘‘ c LETTER TERMINATION DATE —For the purposes of this section any keep open request submitted under subsection a shall include a termination date after which that request shall no longer apply ‘‘ d RECORD KEEPING —Any Federal State Tribal or local law enforcement agency that submits to a financial institution a keep open request shall not later than 2 business days after the date on which the request is submitted to the financial institution— ‘‘ 1 submit to FinCEN a copy of the request and ‘‘ 2 alert FinCEN as to whether the financial institution has implemented the request ‘‘ e GUIDANCE —The Secretary of the Treasury in consultation with the Attorney General and Federal State Tribal and local law enforcement agencies shall issue guidance on the required elements of a keep open request ’’ 2 AMENDMENT TO PUBLIC LAW 91–508 —Chapter 2 of title I of Public Law 91–508 12 U S C 1951 et seq is amended by adding at the end the following ‘‘§ 130 Safe harbor with respect to keep open directives ‘‘ a DEFINITION —In this section the term ‘financial institution’ means an entity to which section 123 b applies H R 6395—1202 ‘‘ b SAFE HARBOR —With respect to a customer account or customer transaction of a financial institution if a Federal law enforcement agency after notifying FinCEN of the intent to submit a written request to the financial institution that the financial institution keep that account or transaction open referred to in this section as a ‘keep open request’ or if a State Tribal or local law enforcement agency with the concurrence of FinCEN submits a keep open request— ‘‘ 1 the financial institution shall not be liable under this chapter for maintaining that account or transaction consistent with the parameters and timing of the request and ‘‘ 2 no Federal or State department or agency may take any adverse supervisory action under this chapter with respect to the financial institution solely for maintaining that account or transaction consistent with the parameters of the request ‘‘ c RULE OF CONSTRUCTION —Nothing in this section may be construed— ‘‘ 1 to prevent a Federal or State department or agency from verifying the validity of a keep open request submitted under subsection b with the law enforcement agency submitting that request ‘‘ 2 to relieve a financial institution from complying with any reporting requirements including the reporting of suspicious transactions under section 5318 g of title 31 United States Code or ‘‘ 3 to extend the safe harbor described in subsection b to any actions taken by the financial institution— ‘‘ A before the date of the keep open request to maintain a customer account or ‘‘ B after the termination date stated in the keep open request ‘‘ d LETTER TERMINATION DATE —For the purposes of this section any keep open request submitted under subsection b shall include a termination date after which that request shall no longer apply ‘‘ e RECORD KEEPING —Any Federal State Tribal or local law enforcement agency that submits to a financial institution a keep open request shall not later than 2 business days after the date on which the request is submitted to the financial institution— ‘‘ 1 submit to FinCEN a copy of the request and ‘‘ 2 alert FinCEN as to whether the financial institution has implemented the request ’’ b CLERICAL AMENDMENTS — 1 TITLE 31 —The table of sections for chapter 53 of title 31 United States Code is amended by inserting after the item relating to section 5332 the following ‘‘5333 Safe harbor with respect to keep open directives ’’ 2 PUBLIC LAW 91–508 —The table of sections for chapter 2 of title I of Public Law 91–508 12 U S C 1951 et seq is amended by adding at the end the following ‘‘130 Safe harbor with respect to keep open directives ’’ H R 6395—1203 SEC 6307 TRAINING FOR EXAMINERS ON ANTI-MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM a IN GENERAL —Subchapter II of chapter 53 of title 31 United States Code as amended by section 6306 a 1 of this division is amended by adding at the end the following ‘‘§ 5334 Training regarding anti-money laundering and countering the financing of terrorism ‘‘ a TRAINING REQUIREMENT —Each Federal examiner reviewing compliance with the Bank Secrecy Act as defined in section 6003 of the Anti-Money Laundering Act of 2020 shall attend appropriate annual training as determined by the Secretary of the Treasury relating to anti-money laundering activities and countering the financing of terrorism including with respect to— ‘‘ 1 potential risk profiles and warning signs that an examiner may encounter during examinations ‘‘ 2 financial crime patterns and trends ‘‘ 3 the high-level context for why anti-money laundering and countering the financing of terrorism programs are necessary for law enforcement agencies and other national security agencies and what risks those programs seek to mitigate and ‘‘ 4 de-risking and the effect of de-risking on the provision of financial services ‘‘ b TRAINING MATERIALS AND STANDARDS —The Secretary of the Treasury shall in consultation with the Financial Institutions Examination Council the Financial Crimes Enforcement Network and Federal State Tribal and local law enforcement agencies establish appropriate training materials and standards for use in the training required under subsection a ’’ b CLERICAL AMENDMENT —The table of sections for chapter 53 of title 31 United States Code as amended by section 6306 b 1 of this division is amended by adding at the end the following ‘‘5334 Training regarding anti-money laundering and countering the financing of terrorism ’’ SEC 6308 OBTAINING FOREIGN BANK RECORDS FROM BANKS WITH UNITED STATES CORRESPONDENT ACCOUNTS a GRAND JURY AND TRIAL SUBPOENAS —Section 5318 k of title 31 United States Code is amended— 1 in paragraph 1 — A by redesignating subparagraph B as subparagraph C and B by inserting after subparagraph A the following ‘‘ B COVERED FINANCIAL INSTITUTION —The term ‘covered financial institution’ means an institution referred to in subsection j 1 ’’ and 2 by striking paragraph 3 and inserting the following ‘‘ 3 FOREIGN BANK RECORDS — ‘‘ A SUBPOENA OF RECORDS — ‘‘ i IN GENERAL —Notwithstanding subsection b the Secretary of the Treasury or the Attorney General may issue a subpoena to any foreign bank that maintains a correspondent account in the United States and request any records relating to the correspondent account or any account at the foreign bank including records maintained outside of the United States that are the subject of— H R 6395—1204 ‘‘ I any investigation of a violation of a criminal law of the United States ‘‘ II any investigation of a violation of this subchapter ‘‘ III a civil forfeiture action or ‘‘ IV an investigation pursuant to section 5318A ‘‘ ii PRODUCTION OF RECORDS —The foreign bank on which a subpoena described in clause i is served shall produce all requested records and authenticate all requested records with testimony in the manner described in— ‘‘ I rule 902 12 of the Federal Rules of Evidence or ‘‘ II section 3505 of title 18 ‘‘ iii ISSUANCE AND SERVICE OF SUBPOENA —A subpoena described in clause i — ‘‘ I shall designate— ‘‘ aa a return date and ‘‘ bb the judicial district in which the related investigation is proceeding and ‘‘ II may be served— ‘‘ aa in person ‘‘ bb by mail or fax in the United States if the foreign bank has a representative in the United States or ‘‘ cc if applicable in a foreign country under any mutual legal assistance treaty multilateral agreement or other request for international legal or law enforcement assistance ‘‘ iv RELIEF FROM SUBPOENA — ‘‘ I IN GENERAL —At any time before the return date of a subpoena described in clause i the foreign bank on which the subpoena is served may petition the district court of the United States for the judicial district in which the related investigation is proceeding as designated in the subpoena to modify or quash— ‘‘ aa the subpoena or ‘‘ bb the prohibition against disclosure described in subparagraph C ‘‘ II CONFLICT WITH FOREIGN SECRECY OR CONFIDENTIALITY —An assertion that compliance with a subpoena described in clause i would conflict with a provision of foreign secrecy or confidentiality law shall not be a sole basis for quashing or modifying the subpoena ‘‘ B ACCEPTANCE OF SERVICE — ‘‘ i MAINTAINING RECORDS IN THE UNITED STATES —Any covered financial institution that maintains a correspondent account in the United States for a foreign bank shall maintain records in the United States identifying— ‘‘ I the owners of record and the beneficial owners of the foreign bank and ‘‘ II the name and address of a person who— H R 6395—1205 ‘‘ aa resides in the United States and ‘‘ bb is authorized to accept service of legal process for records covered under this subsection ‘‘ ii LAW ENFORCEMENT REQUEST —Upon receipt of a written request from a Federal law enforcement officer for information required to be maintained under this paragraph a covered financial institution shall provide the information to the requesting officer not later than 7 days after receipt of the request ‘‘ C NONDISCLOSURE OF SUBPOENA — ‘‘ i IN GENERAL —No officer director partner employee or shareholder of or agent or attorney for a foreign bank on which a subpoena is served under this paragraph shall directly or indirectly notify any account holder involved or any person named in the subpoena issued under subparagraph A i and served on the foreign bank about the existence or contents of the subpoena ‘‘ ii DAMAGES —Upon application by the Attorney General for a violation of this subparagraph a foreign bank on which a subpoena is served under this paragraph shall be liable to the United States Government for a civil penalty in an amount equal to— ‘‘ I double the amount of the suspected criminal proceeds sent through the correspondent account of the foreign bank in the related investigation or ‘‘ II if no such proceeds can be identified not more than $250 000 ‘‘ D ENFORCEMENT — ‘‘ i IN GENERAL —If a foreign bank fails to obey a subpoena issued under subparagraph A i the Attorney General may invoke the aid of the district court of the United States for the judicial district in which the investigation or related proceeding is occurring to compel compliance with the subpoena ‘‘ ii COURT ORDERS AND CONTEMPT OF COURT — A court described in clause i may— ‘‘ I issue an order requiring the foreign bank to appear before the Secretary of the Treasury or the Attorney General to produce— ‘‘ aa certified records in accordance with— ‘‘ AA rule 902 12 of the Federal Rules of Evidence or ‘‘ BB section 3505 of title 18 or ‘‘ bb testimony regarding the production of the certified records and ‘‘ II punish any failure to obey an order issued under subclause I as contempt of court ‘‘ iii SERVICE OF PROCESS —All process in a case under this subparagraph shall be served on the foreign bank in the same manner as described in subparagraph A iii ‘‘ E TERMINATION OF CORRESPONDENT RELATIONSHIP — H R 6395—1206 ‘‘ i TERMINATION UPON RECEIPT OF NOTICE —A covered financial institution shall terminate any correspondent relationship with a foreign bank not later than 10 business days after the date on which the covered financial institution receives written notice from the Secretary of the Treasury or the Attorney General if after consultation with the other the Secretary of the Treasury or the Attorney General as applicable determines that the foreign bank has failed— ‘‘ I to comply with a subpoena issued under subparagraph A i or ‘‘ II to prevail in proceedings before— ‘‘ aa the appropriate district court of the United States after challenging a subpoena described in subclause I under subparagraph A iv I or ‘‘ bb a court of appeals of the United States after appealing a decision of a district court of the United States under item aa ‘‘ ii LIMITATION ON LIABILITY —A covered financial institution shall not be liable to any person in any court or arbitration proceeding for— ‘‘ I terminating a correspondent relationship under this subparagraph or ‘‘ II complying with a nondisclosure order under subparagraph C ‘‘ iii FAILURE TO TERMINATE RELATIONSHIP OR FAILURE TO COMPLY WITH A SUBPOENA — ‘‘ I FAILURE TO TERMINATE RELATIONSHIP — A covered financial institution that fails to terminate a correspondent relationship under clause i shall be liable for a civil penalty in an amount that is not more than $25 000 for each day that the covered financial institution fails to terminate the relationship ‘‘ II FAILURE TO COMPLY WITH A SUBPOENA — ‘‘ aa IN GENERAL —Upon failure to comply with a subpoena under subparagraph A i a foreign bank may be liable for a civil penalty assessed by the issuing agency in an amount that is not more than $50 000 for each day that the foreign bank fails to comply with the terms of a subpoena ‘‘ bb ADDITIONAL PENALTIES —Beginning after the date that is 60 days after a foreign bank fails to comply with a subpoena under subparagraph A i the Secretary of the Treasury or the Attorney General may seek additional penalties and compel compliance with the subpoena in the appropriate district court of the United States ‘‘ cc VENUE FOR RELIEF —A foreign bank may seek review in the appropriate district court of the United States of any penalty assessed under this clause and the issuance of a subpoena under subparagraph A i H R 6395—1207 ‘‘ F ENFORCEMENT OF CIVIL PENALTIES —Upon application by the United States any funds held in the correspondent account of a foreign bank that is maintained in the United States with a covered financial institution may be seized by the United States to satisfy any civil penalties that are imposed— ‘‘ i under subparagraph C ii ‘‘ ii by a court for contempt under subparagraph D or ‘‘ iii under subparagraph E iii II ’’ b FAIR CREDIT REPORTING ACT AMENDMENT —Section 604 a 1 of the Fair Credit Reporting Act 15 U S C 1681b a 1 is amended— 1 by striking ‘‘ or a’’ and inserting ‘‘ a’’ and 2 by inserting ‘‘ or a subpoena issued in accordance with section 5318 of title 31 United States Code or section 3486 of title 18 United States Code’’ after ‘‘grand jury’’ c OBSTRUCTION OF JUSTICE —Section 1510 b 3 B of title 18 United States Code is amended— 1 in the matter preceding clause i by striking ‘‘or a Department of Justice subpoena issued under section 3486 of title 18 ’’ and inserting ‘‘ a subpoena issued under section 3486 of this title or an order or subpoena issued in accordance with section 3512 of this title section 5318 of title 31 or section 1782 of title 28’’ and 2 in clause i by inserting ‘‘ 1960 an offense against a foreign nation constituting specified unlawful activity under section 1956 a foreign offense for which enforcement of a foreign forfeiture judgment could be brought under section 2467 of title 28’’ after ‘‘1957’’ d RIGHT TO FINANCIAL PRIVACY ACT —Section 1120 b 1 A of the Right to Financial Privacy Act of 1978 12 U S C 3420 b 1 A is amended— 1 by striking ‘‘or 1957 of title 18’’ and inserting ‘‘ 1957 or 1960 of title 18 United States Code’’ and 2 by striking ‘‘and 5324 of title 31’’ and inserting ‘‘ 5322 5324 5331 and 5332 of title 31 United States Code’’ SEC 6309 ADDITIONAL DAMAGES FOR REPEAT BANK SECRECY ACT VIOLATORS Section 5321 of title 31 United States Code is amended by adding at the end the following ‘‘ f ADDITIONAL DAMAGES FOR REPEAT VIOLATORS — ‘‘ 1 IN GENERAL —In addition to any other fines permitted under this section and section 5322 with respect to a person who has previously violated a provision of or rule issued under this subchapter section 21 of the Federal Deposit Insurance Act 12 U S C 1829b or section 123 of Public Law 91–508 12 U S C 1953 the Secretary of the Treasury if practicable may impose an additional civil penalty against such person for each additional such violation in an amount that is not more than the greater of— ‘‘ A if practicable to calculate 3 times the profit gained or loss avoided by such person as a result of the violation or ‘‘ B 2 times the maximum penalty with respect to the violation H R 6395—1208 ‘‘ 2 APPLICATION —For purposes of determining whether a person has committed a previous violation under paragraph 1 the determination shall only include violations occurring after the date of enactment of the Anti-Money Laundering Act of 2020 ’’ SEC 6310 CERTAIN VIOLATORS BARRED FROM SERVING ON BOARDS OF UNITED STATES FINANCIAL INSTITUTIONS a IN GENERAL —Section 5321 of title 31 United States Code as amended by section 6309 of this division is amended by adding at the end the following ‘‘ g CERTAIN VIOLATORS BARRED FROM SERVING ON BOARDS OF UNITED STATES FINANCIAL INSTITUTIONS — ‘‘ 1 DEFINITION —In this subsection the term ‘egregious violation’ means with respect to an individual— ‘‘ A a criminal violation— ‘‘ i for which the individual is convicted and ‘‘ ii for which the maximum term of imprisonment is more than 1 year and ‘‘ B a civil violation in which— ‘‘ i the individual willfully committed the violation and ‘‘ ii the violation facilitated money laundering or the financing of terrorism ‘‘ 2 BAR —An individual found to have committed an egregious violation of the Bank Secrecy Act as defined in section 6003 of the Anti-Money Laundering Act of 2020 or any rules issued under the Bank Secrecy Act shall be barred from serving on the board of directors of a United States financial institution during the 10-year period that begins on the date on which the conviction or judgment as applicable with respect to the egregious violation is entered ’’ b RULE OF CONSTRUCTION —Nothing in the amendment made by subsection a shall be construed to limit the application of section 19 of the Federal Deposit Insurance Act 12 U S C 1829 SEC 6311 DEPARTMENT OF JUSTICE REPORT ON DEFERRED AND NON-PROSECUTION AGREEMENTS a ANNUAL REPORT —Not later than 1 year after the date of enactment of this Act and for each of the 4 years thereafter the Attorney General shall submit to the appropriate committees of Congress a report that contains— 1 a list of deferred prosecution agreements and nonprosecution agreements that the Attorney General has entered into amended or terminated during the year covered by the report with any person with respect to a violation or suspected violation of the Bank Secrecy Act referred to in this subsection as ‘‘covered agreements’’ 2 the justification for entering into amending or terminating each covered agreement 3 the list of factors that were taken into account in determining that the Attorney General should enter into amend or terminate each covered agreement and 4 the extent of coordination the Attorney General conducted with the Secretary of the Treasury Federal functional regulators or State regulators before entering into amending or terminating each covered agreement H R 6395—1209 b CLASSIFIED ANNEX —Each report submitted under subsection a may include a classified annex c DEFINITION —In this section the term ‘‘appropriate committees of Congress’’ means— 1 the Committee on Banking Housing and Urban Affairs of the Senate 2 the Committee on the Judiciary of the Senate 3 the Committee on Financial Services of the House of Representatives and 4 the Committee on the Judiciary of the House of Representatives SEC 6312 RETURN OF PROFITS AND BONUSES a IN GENERAL —Section 5322 of title 31 United States Code is amended by adding at the end the following ‘‘ e A person convicted of violating a provision of or rule issued under the Bank Secrecy Act as defined in section 6003 of the Anti-Money Laundering Act of 2020 shall— ‘‘ 1 in addition to any other fine under this section be fined in an amount that is equal to the profit gained by such person by reason of such violation as determined by the court and ‘‘ 2 if the person is an individual who was a partner director officer or employee of a financial institution at the time the violation occurred repay to such financial institution any bonus paid to the individual during the calendar year in which the violation occurred or the calendar year after which the violation occurred ’’ b RULE OF CONSTRUCTION —The amendment made by subsection a may not be construed to prohibit a financial institution from requiring the repayment of a bonus paid to a partner director officer or employee if the financial institution determines that the partner director officer or employee engaged in unethical but non-criminal activities SEC 6313 PROHIBITION ON CONCEALMENT OF THE SOURCE OF ASSETS IN MONETARY TRANSACTIONS a IN GENERAL —Subchapter II of chapter 53 of title 31 United States Code as amended by sections 6306 a 1 and 6307 a of this division is amended by adding at the end the following ‘‘§ 5335 Prohibition on concealment of the source of assets in monetary transactions ‘‘ a DEFINITION OF MONETARY TRANSACTION —In this section the term the term ‘monetary transaction’— ‘‘ 1 means the deposit withdrawal transfer or exchange in or affecting interstate or foreign commerce of funds or a monetary instrument as defined in section 1956 c 5 of title 18 by through or to a financial institution as defined in section 1956 c 6 of title 18 ‘‘ 2 includes any transaction that would be a financial transaction under section 1956 c 4 B of title 18 and ‘‘ 3 does not include any transaction necessary to preserve the right to representation of a person as guaranteed by the Sixth Amendment to the Constitution of the United States ‘‘ b PROHIBITION —No person shall knowingly conceal falsify or misrepresent or attempt to conceal falsify or misrepresent from or to a financial institution a material fact concerning the H R 6395—1210 ownership or control of assets involved in a monetary transaction if— ‘‘ 1 the person or entity who owns or controls the assets is a senior foreign political figure or any immediate family member or close associate of a senior foreign political figure as set forth in this title or the regulations promulgated under this title and ‘‘ 2 the aggregate value of the assets involved in 1 or more monetary transactions is not less than $1 000 000 ‘‘ c SOURCE OF FUNDS —No person shall knowingly conceal falsify or misrepresent or attempt to conceal falsify or misrepresent from or to a financial institution a material fact concerning the source of funds in a monetary transaction that— ‘‘ 1 involves an entity found to be a primary money laundering concern under section 5318A or the regulations promulgated under this title and ‘‘ 2 violates the prohibitions or conditions prescribed under section 5318A b 5 or the regulations promulgated under this title ‘‘ d PENALTIES —A person convicted of an offense under subsection b or c or a conspiracy to commit an offense under subsection b or c shall be imprisoned for not more than 10 years fined not more than $1 000 000 or both ‘‘ e FORFEITURE — ‘‘ 1 CRIMINAL FORFEITURE — ‘‘ A IN GENERAL —The court in imposing a sentence under subsection d shall order that the defendant forfeit to the United States any property involved in the offense and any property traceable thereto ‘‘ B PROCEDURE —The seizure restraint and forfeiture of property under this paragraph shall be governed by section 413 of the Controlled Substances Act 21 U S C 853 ‘‘ 2 CIVIL FORFEITURE — ‘‘ A IN GENERAL —Any property involved in a violation of subsection b or c or a conspiracy to commit a violation of subsection b or c and any property traceable thereto may be seized and forfeited to the United States ‘‘ B PROCEDURE —Seizures and forfeitures under this paragraph shall be governed by the provisions of chapter 46 of title 18 relating to civil forfeitures except that such duties under the customs laws described in section 981 d of title 18 given to the Secretary of the Treasury shall be performed by such officers agents and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General ’’ b TECHNICAL AND CONFORMING AMENDMENT —The table of sections for chapter 53 of title 31 United States Code as amended by sections 6306 b 1 and 6307 b of this division is amended by adding at the end the following ‘‘5335 Prohibition on concealment of the source of assets in monetary transactions ’’ SEC 6314 UPDATING WHISTLEBLOWER INCENTIVES AND PROTECTION a WHISTLEBLOWER INCENTIVES AND PROTECTION —Section 5323 of title 31 United States Code is amended to read as follows H R 6395—1211 ‘‘§ 5323 Whistleblower incentives and protections ‘‘ a DEFINITIONS —In this section ‘‘ 1 COVERED JUDICIAL OR ADMINISTRATIVE ACTION —The term ‘covered judicial or administrative action’ means any judicial or administrative action brought by the Secretary of the Treasury referred to in this section as the ‘Secretary’ or the Attorney General under this subchapter or subchapter III that results in monetary sanctions exceeding $1 000 000 ‘‘ 2 MONETARY SANCTIONS —The term ‘monetary sanctions’ when used with respect to any judicial or administrative action— ‘‘ A means any monies including penalties disgorgement and interest ordered to be paid and ‘‘ B does not include— ‘‘ i forfeiture ‘‘ ii restitution or ‘‘ iii any victim compensation payment ‘‘ 3 ORIGINAL INFORMATION —The term ‘original information’ means information that— ‘‘ A is derived from the independent knowledge or analysis of a whistleblower ‘‘ B is not known to the Secretary or the Attorney General from any other source unless the whistleblower is the original source of the information and ‘‘ C is not exclusively derived from an allegation made in a judicial or administrative hearing in a governmental report hearing audit or investigation or from the news media unless the whistleblower is a source of the information ‘‘ 4 RELATED ACTION —The term ‘related action’ when used with respect to any judicial or administrative action brought by the Secretary or the Attorney General under this subchapter or subchapter III means any judicial or administrative action brought by an entity described in any of subclauses I through III of subsection g 4 D i that is based upon the original information provided by a whistleblower pursuant to subsection b that led to the successful enforcement of the action by the Secretary or the Attorney General ‘‘ 5 WHISTLEBLOWER — ‘‘ A IN GENERAL —The term ‘whistleblower’ means any individual who provides or 2 or more individuals acting jointly who provide information relating to a violation of this subchapter or subchapter III to the employer of the individual or individuals including as part of the job duties of the individual or individuals or to the Secretary or the Attorney General ‘‘ B SPECIAL RULE —Solely for the purposes of subsection g 1 the term ‘whistleblower’ includes any individual who takes or 2 or more individuals acting jointly who take an action described in subsection g 1 A ‘‘ b AWARDS — ‘‘ 1 IN GENERAL —In any covered judicial or administrative action or related action the Secretary under regulations prescribed by the Secretary in consultation with the Attorney General and subject to subsection c and to amounts made available in advance by appropriation Acts shall pay an award or awards to 1 or more whistleblowers who voluntarily provided H R 6395—1212 original information to the employer of the individual the Secretary or the Attorney General as applicable that led to the successful enforcement of the covered judicial or administrative action or related action in an aggregate amount equal to not more than 30 percent in total of what has been collected of the monetary sanctions imposed in the action or related actions ‘‘ 2 SOURCE OF AWARDS —For the purposes of paying any award under this section the Secretary may subject to amounts made available in advance by appropriation Acts use monetary sanction amounts recovered based on the original information with respect to which the award is being paid ‘‘ c DETERMINATION OF AMOUNT OF AWARD DENIAL OF AWARD — ‘‘ 1 DETERMINATION OF AMOUNT OF AWARD — ‘‘ A DISCRETION —The determination of the amount of an award made under subsection b shall be in the discretion of the Secretary ‘‘ B CRITERIA —In determining the amount of an award made under subsection b the Secretary shall take into consideration— ‘‘ i the significance of the information provided by the whistleblower to the success of the covered judicial or administrative action ‘‘ ii the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in a covered judicial or administrative action ‘‘ iii the programmatic interest of the Department of the Treasury in deterring violations of this subchapter and subchapter III by making awards to whistleblowers who provide information that lead to the successful enforcement of either such subchapter and ‘‘ iv such additional relevant factors as the Secretary in consultation with the Attorney General may establish by rule or regulation ‘‘ 2 DENIAL OF AWARD —No award under subsection b may be made— ‘‘ A to any whistleblower who is or was at the time the whistleblower acquired the original information submitted to the Secretary or the Attorney General as applicable a member officer or employee— ‘‘ i of— ‘‘ I an appropriate regulatory or banking agency ‘‘ II the Department of the Treasury or the Department of Justice or ‘‘ III a law enforcement agency and ‘‘ ii acting in the normal course of the job duties of the whistleblower ‘‘ B to any whistleblower who is convicted of a criminal violation related to the judicial or administrative action for which the whistleblower otherwise could receive an award under this section or ‘‘ C to any whistleblower who fails to submit information to the Secretary or the Attorney General as applicable H R 6395—1213 in such form as the Secretary in consultation with the Attorney General may by rule require ‘‘ d REPRESENTATION — ‘‘ 1 PERMITTED REPRESENTATION —Any whistleblower who makes a claim for an award under subsection b may be represented by counsel ‘‘ 2 REQUIRED REPRESENTATION — ‘‘ A IN GENERAL —Any whistleblower who anonymously makes a claim for an award under subsection b shall be represented by counsel if the whistleblower anonymously submits the information upon which the claim is based ‘‘ B DISCLOSURE OF IDENTITY —Before the payment of an award a whistleblower shall disclose the identity of the whistleblower and provide such other information as the Secretary may require directly or through counsel for the whistleblower ‘‘ e NO CONTRACT NECESSARY —No contract with the Department of the Treasury is necessary for any whistleblower to receive an award under subsection b unless otherwise required by the Secretary by rule or regulation ‘‘ f APPEALS — ‘‘ 1 IN GENERAL —Any determination made under this section including whether to whom or in what amount to make awards shall be in the discretion of the Secretary ‘‘ 2 REQUIREMENTS — ‘‘ A IN GENERAL —Any determination described in paragraph 1 except the determination of the amount of an award if the award was made in accordance with subsection b may be appealed to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the Secretary ‘‘ B SCOPE OF REVIEW —The court to which a determination by the Secretary is appealed under subparagraph A shall review the determination in accordance with section 706 of title 5 ‘‘ g PROTECTION OF WHISTLEBLOWERS — ‘‘ 1 PROHIBITION AGAINST RETALIATION —No employer may directly or indirectly discharge demote suspend threaten blacklist harass or in any other manner discriminate against a whistleblower in the terms and conditions of employment or post-employment because of any lawful act done by the whistleblower— ‘‘ A in providing information in accordance with this section to— ‘‘ i the Secretary or the Attorney General ‘‘ ii a Federal regulatory or law enforcement agency ‘‘ iii any Member of Congress or any committee of Congress or ‘‘ iv a person with supervisory authority over the whistleblower or such other person working for the employer who has the authority to investigate discover or terminate misconduct or ‘‘ B in initiating testifying in or assisting in any investigation or judicial or administrative action of the Department of the Treasury or the Department of Justice H R 6395—1214 based upon or related to the information described in subparagraph A or ‘‘ C in providing information regarding any conduct that the whistleblower reasonably believes constitutes a violation of any law rule or regulation subject to the jurisdiction of the Department of the Treasury or a violation of section 1956 1957 or 1960 of title 18 or any rule or regulation under any such provision to— ‘‘ i a person with supervisory authority over the whistleblower at the employer of the whistleblower or ‘‘ ii another individual working for the employer described in clause i who the whistleblower reasonably believes has the authority to— ‘‘ I investigate discover or terminate the misconduct or ‘‘ II take any other action to address the misconduct ‘‘ 2 ENFORCEMENT —Any individual who alleges discharge or other discrimination or is otherwise aggrieved by an employer in violation of paragraph 1 may seek relief by— ‘‘ A filing a complaint with the Secretary of Labor in accordance with the requirements of this subsection or ‘‘ B if the Secretary of Labor has not issued a final decision within 180 days of the filing of a complaint under subparagraph A and there is no showing that such a delay is due to the bad faith of the claimant bringing an action against the employer at law or in equity in the appropriate district court of the United States which shall have jurisdiction over such an action without regard to the amount in controversy ‘‘ 3 PROCEDURE — ‘‘ A DEPARTMENT OF LABOR COMPLAINT — ‘‘ i IN GENERAL —Except as provided in clause ii and subparagraph C the requirements under section 42121 b of title 49 including the legal burdens of proof described in such section 42121 b shall apply with respect to a complaint filed under paragraph 2 A by an individual against an employer ‘‘ ii EXCEPTION —With respect to a complaint filed under paragraph 2 A notification required to be made under section 42121 b 1 of title 49 shall be made to each person named in the complaint including the employer ‘‘ B DISTRICT COURT COMPLAINT — ‘‘ i JURY TRIAL —A party to an action brought under paragraph 2 B shall be entitled to trial by jury ‘‘ ii STATUTE OF LIMITATIONS — ‘‘ I IN GENERAL —An action may not be brought under paragraph 2 B — ‘‘ aa more than 6 years after the date on which the violation of paragraph 1 occurs or ‘‘ bb more than 3 years after the date on which when facts material to the right H R 6395—1215 of action are known or reasonably should have been known by the employee alleging a violation of paragraph 1 ‘‘ II REQUIRED ACTION WITHIN 10 YEARS —Notwithstanding subclause I an action under paragraph 2 B may not in any circumstance be brought more than 10 years after the date on which the violation occurs ‘‘ C RELIEF —Relief for an individual prevailing with respect to a complaint filed under subparagraph A of paragraph 2 or an action brought under subparagraph B of that paragraph shall include— ‘‘ i reinstatement with the same seniority status that the individual would have had but for the conduct that is the subject of the complaint or action as applicable ‘‘ ii 2 times the amount of back pay otherwise owed to the individual with interest ‘‘ iii the payment of compensatory damages which shall include compensation for litigation costs expert witness fees and reasonable attorneys’ fees and ‘‘ iv any other appropriate remedy with respect to the conduct that is the subject of the complaint or action as applicable ‘‘ 4 CONFIDENTIALITY — ‘‘ A IN GENERAL —Except as provided in subparagraphs C and D the Secretary or the Attorney General as applicable and any officer or employee of the Department of the Treasury or the Department of Justice shall not disclose any information including information provided by a whistleblower to either such official which could reasonably be expected to reveal the identity of a whistleblower except in accordance with the provisions of section 552a of title 5 unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the appropriate such official or any entity described in subparagraph D ‘‘ B EXEMPTED STATUTE —For purposes of section 552 of title 5 this paragraph shall be considered a statute described in subsection b 3 B of such section 552 ‘‘ C RULE OF CONSTRUCTION —Nothing in this section is intended to limit or shall be construed to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation ‘‘ D AVAILABILITY TO GOVERNMENT AGENCIES — ‘‘ i IN GENERAL —Without the loss of its status as confidential in the hands of the Secretary or the Attorney General as applicable all information referred to in subparagraph A may in the discretion of the appropriate such official when determined by that official to be necessary to accomplish the purposes of this subchapter be made available to— ‘‘ I any appropriate Federal authority ‘‘ II a State attorney general in connection with any criminal investigation H R 6395—1216 ‘‘ III any appropriate State regulatory authority and ‘‘ IV a foreign law enforcement authority ‘‘ ii CONFIDENTIALITY — ‘‘ I IN GENERAL —Each of the entities described in subclauses I through III of clause i shall maintain such information as confidential in accordance with the requirements established under subparagraph A ‘‘ II FOREIGN AUTHORITIES —Each entity described in clause i IV shall maintain such information in accordance with such assurances of confidentiality as determined by the Secretary or Attorney General as applicable ‘‘ 5 RIGHTS RETAINED —Nothing in this section shall be deemed to diminish the rights privileges or remedies of any whistleblower under any Federal or State law or under any collective bargaining agreement ‘‘ 6 COORDINATION WITH OTHER PROVISIONS OF LAW —This subsection shall not apply with respect to any employer that is subject to section 33 of the Federal Deposit Insurance Act 12 U S C 1831j or section 213 or 214 of the Federal Credit Union Act 12 U S C 1790b 1790c ‘‘ h PROVISION OF FALSE INFORMATION —A whistleblower shall not be entitled to an award under this section if the whistleblower— ‘‘ 1 knowingly and willfully makes any false fictitious or fraudulent statement or representation or ‘‘ 2 uses any false writing or document knowing the writing or document contains any false fictitious or fraudulent statement or entry ‘‘ i RULEMAKING AUTHORITY —The Secretary in consultation with the Attorney General shall have the authority to issue such rules and regulations as may be necessary or appropriate to implement the provisions of this section consistent with the purposes of this section ‘‘ j NONENFORCEABILITY OF CERTAIN PROVISIONS WAIVING RIGHTS AND REMEDIES OR REQUIRING ARBITRATION OF DISPUTES — ‘‘ 1 WAIVER OF RIGHTS AND REMEDIES —The rights and remedies provided for in this section may not be waived by any agreement policy form or condition of employment including by a predispute arbitration agreement ‘‘ 2 PREDISPUTE ARBITRATION AGREEMENTS —No predispute arbitration agreement shall be valid or enforceable to the extent the agreement requires arbitration of a dispute arising under this section ’’ b REPEAL OF SECTION 5328 OF TITLE 31 —Section 5328 of title 31 United States Code is repealed c TECHNICAL AND CONFORMING AMENDMENTS —The table of sections for subchapter II of chapter 53 of title 31 United States Code is amended— 1 by striking the item relating to section 5323 and inserting the following ‘‘5323 Whistleblower incentives and protections ’’ and 2 by striking the item relating to section 5328 H R 6395—1217 TITLE LXIV—ESTABLISHING BENEFICIAL OWNERSHIP INFORMATION REPORTING REQUIREMENTS Sec 6401 Short title Sec 6402 Sense of Congress Sec 6403 Beneficial ownership information reporting requirements SEC 6401 SHORT TITLE This title may be cited as the ‘‘Corporate Transparency Act’’ SEC 6402 SENSE OF CONGRESS It is the sense of Congress that— 1 more than 2 000 000 corporations and limited liability companies are being formed under the laws of the States each year 2 most or all States do not require information about the beneficial owners of the corporations limited liability companies or other similar entities formed under the laws of the State 3 malign actors seek to conceal their ownership of corporations limited liability companies or other similar entities in the United States to facilitate illicit activity including money laundering the financing of terrorism proliferation financing serious tax fraud human and drug trafficking counterfeiting piracy securities fraud financial fraud and acts of foreign corruption harming the national security interests of the United States and allies of the United States 4 money launderers and others involved in commercial activity intentionally conduct transactions through corporate structures in order to evade detection and may layer such structures much like Russian nesting ‘‘Matryoshka’’ dolls across various secretive jurisdictions such that each time an investigator obtains ownership records for a domestic or foreign entity the newly identified entity is yet another corporate entity necessitating a repeat of the same process 5 Federal legislation providing for the collection of beneficial ownership information for corporations limited liability companies or other similar entities formed under the laws of the States is needed to— A set a clear Federal standard for incorporation practices B protect vital Unites States national security interests C protect interstate and foreign commerce D better enable critical national security intelligence and law enforcement efforts to counter money laundering the financing of terrorism and other illicit activity and E bring the United States into compliance with international anti-money laundering and countering the financing of terrorism standards 6 beneficial ownership information collected under the amendments made by this title is sensitive information and will be directly available only to authorized government authorities subject to effective safeguards and controls to— H R 6395—1218 A facilitate important national security intelligence and law enforcement activities and B confirm beneficial ownership information provided to financial institutions to facilitate the compliance of the financial institutions with anti-money laundering countering the financing of terrorism and customer due diligence requirements under applicable law 7 consistent with applicable law the Secretary of the Treasury shall— A maintain the information described in paragraph 1 in a secure nonpublic database using information security methods and techniques that are appropriate to protect nonclassified information systems at the highest security level and B take all steps including regular auditing to ensure that government authorities accessing beneficial ownership information do so only for authorized purposes consistent with this title and 8 in prescribing regulations to provide for the reporting of beneficial ownership information the Secretary shall to the greatest extent practicable consistent with the purposes of this title— A seek to minimize burdens on reporting companies associated with the collection of beneficial ownership information B provide clarity to reporting companies concerning the identification of their beneficial owners and C collect information in a form and manner that is reasonably designed to generate a database that is highly useful to national security intelligence and law enforcement agencies and Federal functional regulators SEC 6403 BENEFICIAL OWNERSHIP REQUIREMENTS INFORMATION REPORTING a IN GENERAL —Subchapter II of chapter 53 of title 31 United States Code as amended by sections 6306 a 1 6307 a and 6313 a of this division is amended by adding at the end the following ‘‘§ 5336 Beneficial ownership information reporting requirements ‘‘ a DEFINITIONS —In this section ‘‘ 1 ACCEPTABLE IDENTIFICATION DOCUMENT —The term ‘acceptable identification document’ means with respect to an individual— ‘‘ A a nonexpired passport issued by the United States ‘‘ B a nonexpired identification document issued by a State local government or Indian Tribe to the individual acting for the purpose of identification of that individual ‘‘ C a nonexpired driver’s license issued by a State or ‘‘ D if the individual does not have a document described in subparagraph A B or C a nonexpired passport issued by a foreign government ‘‘ 2 APPLICANT —The term ‘applicant’ means any individual who— H R 6395—1219 ‘‘ A files an application to form a corporation limited liability company or other similar entity under the laws of a State or Indian Tribe or ‘‘ B registers or files an application to register a corporation limited liability company or other similar entity formed under the laws of a foreign country to do business in the United States by filing a document with the secretary of state or similar office under the laws of a State or Indian Tribe ‘‘ 3 BENEFICIAL OWNER —The term ‘beneficial owner’— ‘‘ A means with respect to an entity an individual who directly or indirectly through any contract arrangement understanding relationship or otherwise— ‘‘ i exercises substantial control over the entity or ‘‘ ii owns or controls not less than 25 percent of the ownership interests of the entity and ‘‘ B does not include— ‘‘ i a minor child as defined in the State in which the entity is formed if the information of the parent or guardian of the minor child is reported in accordance with this section ‘‘ ii an individual acting as a nominee intermediary custodian or agent on behalf of another individual ‘‘ iii an individual acting solely as an employee of a corporation limited liability company or other similar entity and whose control over or economic benefits from such entity is derived solely from the employment status of the person ‘‘ iv an individual whose only interest in a corporation limited liability company or other similar entity is through a right of inheritance or ‘‘ v a creditor of a corporation limited liability company or other similar entity unless the creditor meets the requirements of subparagraph A ‘‘ 4 DIRECTOR —The term ‘Director’ means the Director of FinCEN ‘‘ 5 FINCEN —The term ‘FinCEN’ means the Financial Crimes Enforcement Network of the Department of the Treasury ‘‘ 6 FINCEN IDENTIFIER —The term ‘FinCEN identifier’ means the unique identifying number assigned by FinCEN to a person under this section ‘‘ 7 FOREIGN PERSON —The term ‘foreign person’ means a person who is not a United States person as defined in section 7701 a of the Internal Revenue Code of 1986 ‘‘ 8 INDIAN TRIBE —The term ‘Indian Tribe’ has the meaning given the term ‘Indian tribe’ in section 102 of the Federally Recognized Indian Tribe List Act of 1994 25 U S C 5130 ‘‘ 9 LAWFULLY ADMITTED FOR PERMANENT RESIDENCE —The term ‘lawfully admitted for permanent residence’ has the meaning given the term in section 101 a of the Immigration and Nationality Act 8 U S C 1101 a ‘‘ 10 POOLED INVESTMENT VEHICLE —The term ‘pooled investment vehicle’ means— H R 6395—1220 ‘‘ A any investment company as defined in section 3 a of the Investment Company Act of 1940 15 U S C 80a–3 a or ‘‘ B any company that— ‘‘ i would be an investment company under that section but for the exclusion provided from that definition by paragraph 1 or 7 of section 3 c of that Act 15 U S C 80a–3 c and ‘‘ ii is identified by its legal name by the applicable investment adviser in its Form ADV or successor form filed with the Securities and Exchange Commission ‘‘ 11 REPORTING COMPANY —The term ‘reporting company’— ‘‘ A means a corporation limited liability company or other similar entity that is— ‘‘ i created by the filing of a document with a secretary of state or a similar office under the law of a State or Indian Tribe or ‘‘ ii formed under the law of a foreign country and registered to do business in the United States by the filing of a document with a secretary of state or a similar office under the laws of a State or Indian Tribe and ‘‘ B does not include— ‘‘ i an issuer— ‘‘ I of a class of securities registered under section 12 of the Securities Exchange Act of 1934 15 U S C 78l or ‘‘ II that is required to file supplementary and periodic information under section 15 d of the Securities Exchange Act of 1934 15 U S C 78o d ‘‘ ii an entity— ‘‘ I established under the laws of the United States an Indian Tribe a State or a political subdivision of a State or under an interstate compact between 2 or more States and ‘‘ II that exercises governmental authority on behalf of the United States or any such Indian Tribe State or political subdivision ‘‘ iii a bank as defined in— ‘‘ I section 3 of the Federal Deposit Insurance Act 12 U S C 1813 ‘‘ II section 2 a of the Investment Company Act of 1940 15 U S C 80a–2 a or ‘‘ III section 202 a of the Investment Advisers Act of 1940 15 U S C 80b–2 a ‘‘ iv a Federal credit union or a State credit union as those terms are defined in section 101 of the Federal Credit Union Act 12 U S C 1752 ‘‘ v a bank holding company as defined in section 2 of the Bank Holding Company Act of 1956 12 U S C 1841 or a savings and loan holding company as defined in section 10 a of the Home Owners’ Loan Act 12 U S C 1467a a ‘‘ vi a money transmitting business registered with the Secretary of the Treasury under section 5330 H R 6395—1221 ‘‘ vii a broker or dealer as those terms are defined in section 3 of the Securities Exchange Act of 1934 15 U S C 78c that is registered under section 15 of that Act 15 U S C 78o ‘‘ viii an exchange or clearing agency as those terms are defined in section 3 of the Securities Exchange Act of 1934 15 U S C 78c that is registered under section 6 or 17A of that Act 15 U S C 78f 78q–1 ‘‘ ix any other entity not described in clause i vii or viii that is registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 15 U S C 78a et seq ‘‘ x an entity that— ‘‘ I is an investment company as defined in section 3 of the Investment Company Act of 1940 15 U S C 80a–3 or an investment adviser as defined in section 202 of the Investment Advisers Act of 1940 15 U S C 80b–2 and ‘‘ II is registered with the Securities and Exchange Commission under the Investment Company Act of 1940 15 U S C 80a–1 et seq or the Investment Advisers Act of 1940 15 U S C 80b–1 et seq ‘‘ xi an investment adviser— ‘‘ I described in section 203 l of the Investment Advisers Act of 1940 15 U S C 80b–3 l and ‘‘ II that has filed Item 10 Schedule A and Schedule B of Part 1A of Form ADV or any successor thereto with the Securities and Exchange Commission ‘‘ xii an insurance company as defined in section 2 of the Investment Company Act of 1940 15 U S C 80a–2 ‘‘ xiii an entity that— ‘‘ I is an insurance producer that is authorized by a State and subject to supervision by the insurance commissioner or a similar official or agency of a State and ‘‘ II has an operating presence at a physical office within the United States ‘‘ xiv I a registered entity as defined in section 1a of the Commodity Exchange Act 7 U S C 1a or ‘‘ II an entity that is— ‘‘ aa AA a futures commission merchant introducing broker swap dealer major swap participant commodity pool operator or commodity trading advisor as those terms are defined in section 1a of the Commodity Exchange Act 7 U S C 1a or ‘‘ BB a retail foreign exchange dealer as described in section 2 c 2 B of that Act 7 U S C 2 c 2 B and H R 6395—1222 ‘‘ bb registered with the Commodity Futures Trading Commission under the Commodity Exchange Act 7 U S C 1 et seq ‘‘ xv a public accounting firm registered in accordance with section 102 of the Sarbanes-Oxley Act of 2002 15 U S C 7212 ‘‘ xvi a public utility that provides telecommunications services electrical power natural gas or water and sewer services within the United States ‘‘ xvii a financial market utility designated by the Financial Stability Oversight Council under section 804 of the Payment Clearing and Settlement Supervision Act of 2010 12 U S C 5463 ‘‘ xviii any pooled investment vehicle that is operated or advised by a person described in clause iii iv vii x or xi ‘‘ xix any— ‘‘ I organization that is described in section 501 c of the Internal Revenue Code of 1986 determined without regard to section 508 a of such Code and exempt from tax under section 501 a of such Code except that in the case of any such organization that loses an exemption from tax such organization shall be considered to be continued to be described in this subclause for the 180day period beginning on the date of the loss of such tax-exempt status ‘‘ II political organization as defined in section 527 e 1 of such Code that is exempt from tax under section 527 a of such Code or ‘‘ III trust described in paragraph 1 or 2 of section 4947 a of such Code ‘‘ xx any corporation limited liability company or other similar entity that— ‘‘ I operates exclusively to provide financial assistance to or hold governance rights over any entity described in clause xix ‘‘ II is a United States person ‘‘ III is beneficially owned or controlled exclusively by 1 or more United States persons that are United States citizens or lawfully admitted for permanent residence and ‘‘ IV derives at least a majority of its funding or revenue from 1 or more United States persons that are United States citizens or lawfully admitted for permanent residence ‘‘ xxi any entity that— ‘‘ I employs more than 20 employees on a full-time basis in the United States ‘‘ II filed in the previous year Federal income tax returns in the United States demonstrating more than $5 000 000 in gross receipts or sales in the aggregate including the receipts or sales of— ‘‘ aa other entities owned by the entity and H R 6395—1223 ‘‘ bb other entities through which the entity operates and ‘‘ III has an operating presence at a physical office within the United States ‘‘ xxii any corporation limited liability company or other similar entity of which the ownership interests are owned or controlled directly or indirectly by 1 or more entities described in clause i ii iii iv v vii viii ix x xi xii xiii xiv xv xvi xvii xix or xxi ‘‘ xxiii any corporation limited liability company or other similar entity— ‘‘ I in existence for over 1 year ‘‘ II that is not engaged in active business ‘‘ III that is not owned directly or indirectly by a foreign person ‘‘ IV that has not in the preceding 12-month period experienced a change in ownership or sent or received funds in an amount greater than $1 000 including all funds sent to or received from any source through a financial account or accounts in which the entity or an affiliate of the entity maintains an interest and ‘‘ V that does not otherwise hold any kind or type of assets including an ownership interest in any corporation limited liability company or other similar entity ‘‘ xxiv any entity or class of entities that the Secretary of the Treasury with the written concurrence of the Attorney General and the Secretary of Homeland Security has by regulation determined should be exempt from the requirements of subsection b because requiring beneficial ownership information from the entity or class of entities— ‘‘ I would not serve the public interest and ‘‘ II would not be highly useful in national security intelligence and law enforcement agency efforts to detect prevent or prosecute money laundering the financing of terrorism proliferation finance serious tax fraud or other crimes ‘‘ 12 STATE —The term ‘State’ means any State of the United States the District of Columbia the Commonwealth of Puerto Rico the Commonwealth of the Northern Mariana Islands American Samoa Guam the United States Virgin Islands and any other commonwealth territory or possession of the United States ‘‘ 13 UNIQUE IDENTIFYING NUMBER —The term ‘unique identifying number’ means with respect to an individual or an entity with a sole member the unique identifying number from an acceptable identification document ‘‘ 14 UNITED STATES PERSON —The term ‘United States person’ has the meaning given the term in section 7701 a of the Internal Revenue Code of 1986 ‘‘ b BENEFICIAL OWNERSHIP INFORMATION REPORTING — ‘‘ 1 REPORTING — ‘‘ A IN GENERAL —In accordance with regulations prescribed by the Secretary of the Treasury each reporting H R 6395—1224 company shall submit to FinCEN a report that contains the information described in paragraph 2 ‘‘ B REPORTING OF EXISTING ENTITIES —In accordance with regulations prescribed by the Secretary of the Treasury any reporting company that has been formed or registered before the effective date of the regulations prescribed under this subsection shall in a timely manner and not later than 2 years after the effective date of the regulations prescribed under this subsection submit to FinCEN a report that contains the information described in paragraph 2 ‘‘ C REPORTING AT TIME OF FORMATION OR REGISTRATION —In accordance with regulations prescribed by the Secretary of the Treasury any reporting company that has been formed or registered after the effective date of the regulations promulgated under this subsection shall at the time of formation or registration submit to FinCEN a report that contains the information described in paragraph 2 ‘‘ D UPDATED REPORTING FOR CHANGES IN BENEFICIAL OWNERSHIP —In accordance with regulations prescribed by the Secretary of the Treasury a reporting company shall in a timely manner and not later than 1 year after the date on which there is a change with respect to any information described in paragraph 2 submit to FinCEN a report that updates the information relating to the change ‘‘ E TREASURY REVIEW OF UPDATED REPORTING FOR CHANGES IN BENEFICIAL OWNERSHIP —The Secretary of the Treasury in consultation with the Attorney General and the Secretary of Homeland Security shall conduct a review to evaluate— ‘‘ i the necessity of a requirement for corporations limited liability companies or other similar entities to update the report on beneficial ownership information in paragraph 2 related to a change in ownership within a shorter period of time than required under subparagraph D taking into account the updating requirements under subparagraph D and the information contained in the reports ‘‘ ii the benefit to law enforcement and national security officials that might be derived from and the burden that a requirement to update the list of beneficial owners within a shorter period of time after a change in the list of beneficial owners would impose on corporations limited liability companies or other similar entities and ‘‘ iii not later than 2 years after the date of enactment of this section incorporate into the regulations as appropriate any changes necessary to implement the findings and determinations based on the review required under this subparagraph ‘‘ F REGULATION REQUIREMENTS —In promulgating the regulations required under subparagraphs A through D the Secretary of the Treasury shall to the greatest extent practicable— H R 6395—1225 ‘‘ i establish partnerships with State local and Tribal governmental agencies ‘‘ ii collect information described in paragraph 2 through existing Federal State and local processes and procedures ‘‘ iii minimize burdens on reporting companies associated with the collection of the information described in paragraph 2 in light of the private compliance costs placed on legitimate businesses including by identifying any steps taken to mitigate the costs relating to compliance with the collection of information and ‘‘ iv collect information described in paragraph 2 in a form and manner that ensures the information is highly useful in— ‘‘ I facilitating important national security intelligence and law enforcement activities and ‘‘ II confirming beneficial ownership information provided to financial institutions to facilitate the compliance of the financial institutions with anti-money laundering countering the financing of terrorism and customer due diligence requirements under applicable law ‘‘ G REGULATORY SIMPLIFICATION —To simplify compliance with this section for reporting companies and financial institutions the Secretary of the Treasury shall ensure that the regulations prescribed by the Secretary under this subsection are added to part 1010 of title 31 Code of Federal Regulations or any successor thereto ‘‘ 2 REQUIRED INFORMATION — ‘‘ A IN GENERAL —In accordance with regulations prescribed by the Secretary of the Treasury a report delivered under paragraph 1 shall except as provided in subparagraph B identify each beneficial owner of the applicable reporting company and each applicant with respect to that reporting company by— ‘‘ i full legal name ‘‘ ii date of birth ‘‘ iii current as of the date on which the report is delivered residential or business street address and ‘‘ iv I unique identifying number from an acceptable identification document or ‘‘ II FinCEN identifier in accordance with requirements in paragraph 3 ‘‘ B REPORTING REQUIREMENT FOR EXEMPT ENTITIES HAVING AN OWNERSHIP INTEREST —If an exempt entity described in subsection a 11 B has or will have a direct or indirect ownership interest in a reporting company the reporting company or the applicant— ‘‘ i shall with respect to the exempt entity only list the name of the exempt entity and ‘‘ ii shall not be required to report the information with respect to the exempt entity otherwise required under subparagraph A ‘‘ C REPORTING REQUIREMENT FOR CERTAIN POOLED INVESTMENT VEHICLES —Any corporation limited liability company or other similar entity that is an exempt entity H R 6395—1226 described in subsection a 11 B xviii and is formed under the laws of a foreign country shall file with FinCEN a written certification that provides identification information of an individual that exercises substantial control over the pooled investment vehicle in the same manner as required under this subsection ‘‘ D REPORTING REQUIREMENT FOR EXEMPT SUBSIDIARIES —In accordance with the regulations promulgated by the Secretary any corporation limited liability company or other similar entity that is an exempt entity described in subsection a 11 B xxii shall at the time such entity no longer meets the criteria described in subsection a 11 B xxii submit to FinCEN a report containing the information required under subparagraph A ‘‘ E REPORTING REQUIREMENT FOR EXEMPT GRANDFATHERED ENTITIES —In accordance with the regulations promulgated by the Secretary any corporation limited liability company or other similar entity that is an exempt entity described in subsection a 11 B xxiii shall at the time such entity no longer meets the criteria described in subsection a 11 B xxiii submit to FinCEN a report containing the information required under subparagraph A ‘‘ 3 FINCEN IDENTIFIER — ‘‘ A ISSUANCE OF FINCEN IDENTIFIER — ‘‘ i IN GENERAL —Upon request by an individual who has provided FinCEN with the information described in paragraph 2 A pertaining to the individual or by an entity that has reported its beneficial ownership information to FinCEN in accordance with this section FinCEN shall issue a FinCEN identifier to such individual or entity ‘‘ ii UPDATING OF INFORMATION —An individual or entity with a FinCEN identifier shall submit filings with FinCEN pursuant to paragraph 1 updating any information described in paragraph 2 in a timely manner consistent with paragraph 1 D ‘‘ iii EXCLUSIVE IDENTIFIER —FinCEN shall not issue more than 1 FinCEN identifier to the same individual or to the same entity including any successor entity ‘‘ B USE OF FINCEN IDENTIFIER FOR INDIVIDUALS — Any person required to report the information described in paragraph 2 with respect to an individual may instead report the FinCEN identifier of the individual ‘‘ C USE OF FINCEN IDENTIFIER FOR ENTITIES —If an individual is or may be a beneficial owner of a reporting company by an interest held by the individual in an entity that directly or indirectly holds an interest in the reporting company the reporting company may report the FinCEN identifier of the entity in lieu of providing the information required by paragraph 2 A with respect to the individual ‘‘ 4 REGULATIONS —The Secretary of the Treasury shall— ‘‘ A by regulation prescribe procedures and standards governing any report under paragraph 2 and any FinCEN identifier under paragraph 3 and H R 6395—1227 ‘‘ B in promulgating the regulations under subparagraph A to the extent practicable consistent with the purposes of this section— ‘‘ i minimize burdens on reporting companies associated with the collection of beneficial ownership information including by eliminating duplicative requirements and ‘‘ ii ensure the beneficial ownership information reported to FinCEN is accurate complete and highly useful ‘‘ 5 EFFECTIVE DATE —The requirements of this subsection shall take effect on the effective date of the regulations prescribed by the Secretary of the Treasury under this subsection which shall be promulgated not later than 1 year after the date of enactment of this section ‘‘ 6 REPORT —Not later than 1 year after the effective date described in paragraph 5 and annually thereafter for 2 years the Secretary of the Treasury shall submit to Congress a report describing the procedures and standards prescribed to carry out paragraph 2 which shall include an assessment of— ‘‘ A the effectiveness of those procedures and standards in minimizing reporting burdens including through the elimination of duplicative requirements and strengthening the accuracy of reports submitted under paragraph 2 and ‘‘ B any alternative procedures and standards prescribed to carry out paragraph 2 ‘‘ c RETENTION AND DISCLOSURE OF BENEFICIAL OWNERSHIP INFORMATION BY FINCEN — ‘‘ 1 RETENTION OF INFORMATION —Beneficial ownership information required under subsection b relating to each reporting company shall be maintained by FinCEN for not fewer than 5 years after the date on which the reporting company terminates ‘‘ 2 DISCLOSURE — ‘‘ A PROHIBITION —Except as authorized by this subsection and the protocols promulgated under this subsection beneficial ownership information reported under this section shall be confidential and may not be disclosed by— ‘‘ i an officer or employee of the United States ‘‘ ii an officer or employee of any State local or Tribal agency or ‘‘ iii an officer or employee of any financial institution or regulatory agency receiving information under this subsection ‘‘ B SCOPE OF DISCLOSURE BY FINCEN —FinCEN may disclose beneficial ownership information reported pursuant to this section only upon receipt of— ‘‘ i a request through appropriate protocols— ‘‘ I from a Federal agency engaged in national security intelligence or law enforcement activity for use in furtherance of such activity or ‘‘ II from a State local or Tribal law enforcement agency if a court of competent jurisdiction H R 6395—1228 including any officer of such a court has authorized the law enforcement agency to seek the information in a criminal or civil investigation ‘‘ ii a request from a Federal agency on behalf of a law enforcement agency prosecutor or judge of another country including a foreign central authority or competent authority or like designation under an international treaty agreement convention or official request made by law enforcement judicial or prosecutorial authorities in trusted foreign countries when no treaty agreement or convention is available— ‘‘ I issued in response to a request for assistance in an investigation or prosecution by such foreign country and ‘‘ II that— ‘‘ aa requires compliance with the disclosure and use provisions of the treaty agreement or convention publicly disclosing any beneficial ownership information received or ‘‘ bb limits the use of the information for any purpose other than the authorized investigation or national security or intelligence activity ‘‘ iii a request made by a financial institution subject to customer due diligence requirements with the consent of the reporting company to facilitate the compliance of the financial institution with customer due diligence requirements under applicable law or ‘‘ iv a request made by a Federal functional regulator or other appropriate regulatory agency consistent with the requirements of subparagraph C ‘‘ C FORM AND MANNER OF DISCLOSURE TO FINANCIAL INSTITUTIONS AND REGULATORY AGENCIES —The Secretary of the Treasury shall by regulation prescribe the form and manner in which information shall be provided to a financial institution under subparagraph B iii which regulation shall include that the information shall also be available to a Federal functional regulator or other appropriate regulatory agency as determined by the Secretary if the agency— ‘‘ i is authorized by law to assess supervise enforce or otherwise determine the compliance of the financial institution with the requirements described in that subparagraph ‘‘ ii uses the information solely for the purpose of conducting the assessment supervision or authorized investigation or activity described in clause i and ‘‘ iii enters into an agreement with the Secretary providing for appropriate protocols governing the safekeeping of the information ‘‘ 3 APPROPRIATE PROTOCOLS —The Secretary of the Treasury shall establish by regulation protocols described in paragraph 2 A that— ‘‘ A protect the security and confidentiality of any beneficial ownership information provided directly by the Secretary H R 6395—1229 ‘‘ B require the head of any requesting agency on a non-delegable basis to approve the standards and procedures utilized by the requesting agency and certify to the Secretary semi-annually that such standards and procedures are in compliance with the requirements of this paragraph ‘‘ C require the requesting agency to establish and maintain to the satisfaction of the Secretary a secure system in which such beneficial ownership information provided directly by the Secretary shall be stored ‘‘ D require the requesting agency to furnish a report to the Secretary at such time and containing such information as the Secretary may prescribe that describes the procedures established and utilized by such agency to ensure the confidentiality of the beneficial ownership information provided directly by the Secretary ‘‘ E require a written certification for each authorized investigation or other activity described in paragraph 2 from the head of an agency described in paragraph 2 B i I or their designees that— ‘‘ i states that applicable requirements have been met in such form and manner as the Secretary may prescribe and ‘‘ ii at a minimum sets forth the specific reason or reasons why the beneficial ownership information is relevant to an authorized investigation or other activity described in paragraph 2 ‘‘ F require the requesting agency to limit to the greatest extent practicable the scope of information sought consistent with the purposes for seeking beneficial ownership information ‘‘ G restrict to the satisfaction of the Secretary access to beneficial ownership information to whom disclosure may be made under the provisions of this section to only users at the requesting agency— ‘‘ i who are directly engaged in the authorized investigation or activity described in paragraph 2 ‘‘ ii whose duties or responsibilities require such access ‘‘ iii who— ‘‘ I have undergone appropriate training or ‘‘ II use staff to access the database who have undergone appropriate training ‘‘ iv who use appropriate identity verification mechanisms to obtain access to the information and ‘‘ v who are authorized by agreement with the Secretary to access the information ‘‘ H require the requesting agency to establish and maintain to the satisfaction of the Secretary a permanent system of standardized records with respect to an auditable trail of each request for beneficial ownership information submitted to the Secretary by the agency including the reason for the request the name of the individual who made the request the date of the request any disclosure of beneficial ownership information made by or to the agency and any other information the Secretary of the Treasury determines is appropriate H R 6395—1230 ‘‘ I require that the requesting agency receiving beneficial ownership information from the Secretary conduct an annual audit to verify that the beneficial ownership information received from the Secretary has been accessed and used appropriately and in a manner consistent with this paragraph and provide the results of that audit to the Secretary upon request ‘‘ J require the Secretary to conduct an annual audit of the adherence of the agencies to the protocols established under this paragraph to ensure that agencies are requesting and using beneficial ownership information appropriately and ‘‘ K provide such other safeguards which the Secretary determines and which the Secretary prescribes in regulations to be necessary or appropriate to protect the confidentiality of the beneficial ownership information ‘‘ 4 VIOLATION OF PROTOCOLS —Any employee or officer of a requesting agency under paragraph 2 B that violates the protocols described in paragraph 3 including unauthorized disclosure or use shall be subject to criminal and civil penalties under subsection h 3 B ‘‘ 5 DEPARTMENT OF THE TREASURY ACCESS — ‘‘ A IN GENERAL —Beneficial ownership information shall be accessible for inspection or disclosure to officers and employees of the Department of the Treasury whose official duties require such inspection or disclosure subject to procedures and safeguards prescribed by the Secretary of the Treasury ‘‘ B TAX ADMINISTRATION PURPOSES —Officers and employees of the Department of the Treasury may obtain access to beneficial ownership information for tax administration purposes in accordance with this subsection ‘‘ 6 REJECTION OF REQUEST —The Secretary of the Treasury— ‘‘ A shall reject a request not submitted in the form and manner prescribed by the Secretary under paragraph 2 C and ‘‘ B may decline to provide information requested under this subsection upon finding that— ‘‘ i the requesting agency has failed to meet any other requirement of this subsection ‘‘ ii the information is being requested for an unlawful purpose or ‘‘ iii other good cause exists to deny the request ‘‘ 7 SUSPENSION —The Secretary of the Treasury may suspend or debar a requesting agency from access for any of the grounds set forth in paragraph 6 including for repeated or serious violations of any requirement under paragraph 2 ‘‘ 8 SECURITY PROTECTIONS —The Secretary of the Treasury shall maintain information security protections including encryption for information reported to FinCEN under subsection b and ensure that the protections— ‘‘ A are consistent with standards and guidelines developed under subchapter II of chapter 35 of title 44 and H R 6395—1231 ‘‘ B incorporate Federal information system security controls for high-impact systems excluding national security systems consistent with applicable law to prevent the loss of confidentiality integrity or availability of information that may have a severe or catastrophic adverse effect ‘‘ 9 REPORT BY THE SECRETARY —Not later than 1 year after the effective date of the regulations prescribed under this subsection and annually thereafter for 5 years the Secretary of the Treasury shall submit to the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report which— ‘‘ A may include a classified annex and ‘‘ B shall with respect to each request submitted under paragraph 2 B i II during the period covered by the report and consistent with protocols established by the Secretary that are necessary to protect law enforcement sensitive tax-related or classified information include— ‘‘ i the date on which the request was submitted ‘‘ ii the source of the request ‘‘ iii whether the request was accepted or rejected or is pending and ‘‘ iv a general description of the basis for rejecting the such request if applicable ‘‘ 10 AUDIT BY THE COMPTROLLER GENERAL —Not later than 1 year after the effective date of the regulations prescribed under this subsection and annually thereafter for 6 years the Comptroller General of the United States shall— ‘‘ A audit the procedures and safeguards established by the Secretary of the Treasury under those regulations including duties for verification of requesting agencies systems and adherence to the protocols established under this subsection to determine whether such safeguards and procedures meet the requirements of this subsection and that the Department of the Treasury is using beneficial ownership information appropriately in a manner consistent with this subsection and ‘‘ B submit to the Secretary of the Treasury the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains the findings and determinations with respect to any audit conducted under this paragraph ‘‘ 11 DEPARTMENT OF THE TREASURY TESTIMONY — ‘‘ A IN GENERAL —Not later than March 31 of each year for 5 years beginning in 2022 the Director shall be made available to testify before the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives or an appropriate subcommittee thereof regarding FinCEN issues including specifically issues relating to— ‘‘ i anticipated plans goals and resources necessary for operations of FinCEN in implementing the requirements of the Anti-Money Laundering Act of 2020 and the amendments made by that Act H R 6395—1232 ‘‘ ii the adequacy of appropriations for FinCEN in the current and the previous fiscal year to— ‘‘ I ensure that the requirements and obligations imposed upon FinCEN by the Anti-Money Laundering Act of 2020 and the amendments made by that Act are completed as efficiently effectively and expeditiously as possible and ‘‘ II provide for robust and effective implementation and enforcement of the provisions of the Anti-Money Laundering Act of 2020 and the amendments made by that Act ‘‘ iii strengthen FinCEN management efforts as necessary and as identified by the Director to meet the requirements of the Anti-Money Laundering Act of 2020 and the amendments made by that Act ‘‘ iv provide for the necessary public outreach to ensure the broad dissemination of information regarding any new program requirements provided for in the Anti-Money Laundering Act of 2020 and the amendments made by that Act including— ‘‘ I educating the business community on the goals and operations of the new beneficial ownership database and ‘‘ II disseminating to the governments of countries that are allies or partners of the United States information on best practices developed by FinCEN related to beneficial ownership information retention and use ‘‘ v any policy recommendations that could facilitate and improve communication and coordination between the private sector FinCEN and the Federal State and local agencies and entities involved in implementing innovative approaches to meet their obligations under the Anti-Money Laundering Act of 2020 and the amendments made by that Act the Bank Secrecy Act as defined in section 6003 of the AntiMoney Laundering Act of 2020 and other anti-money laundering compliance laws and ‘‘ vi any other matter that the Director determines is appropriate ‘‘ B TESTIMONY CLASSIFICATION —The testimony required under subparagraph A — ‘‘ i shall be submitted in unclassified form and ‘‘ ii may include a classified portion ‘‘ d AGENCY COORDINATION — ‘‘ 1 IN GENERAL —The Secretary of the Treasury shall to the greatest extent practicable update the information described in subsection b by working collaboratively with other relevant Federal State and Tribal agencies ‘‘ 2 INFORMATION FROM RELEVANT FEDERAL STATE AND TRIBAL AGENCIES —Relevant Federal State and Tribal agencies as determined by the Secretary of the Treasury shall to the extent practicable and consistent with applicable legal protections cooperate with and provide information requested by FinCEN for purposes of maintaining an accurate complete and highly useful database for beneficial ownership information H R 6395—1233 ‘‘ 3 REGULATIONS —The Secretary of the Treasury in consultation with the heads of other relevant Federal agencies may promulgate regulations as necessary to carry out this subsection ‘‘ e NOTIFICATION OF FEDERAL OBLIGATIONS — ‘‘ 1 FEDERAL —The Secretary of the Treasury shall take reasonable steps to provide notice to persons of their obligations to report beneficial ownership information under this section including by causing appropriate informational materials describing such obligations to be included in 1 or more forms or other informational materials regularly distributed by the Internal Revenue Service and FinCEN ‘‘ 2 STATES AND INDIAN TRIBES — ‘‘ A IN GENERAL —As a condition of the funds made available under this section each State and Indian Tribe shall not later than 2 years after the effective date of the regulations promulgated under subsection b 4 take the following actions ‘‘ i The secretary of a State or a similar office in each State or Indian Tribe responsible for the formation or registration of entities created by the filing of a public document with the office under the law of the State or Indian Tribe shall periodically including at the time of any initial formation or registration of an entity assessment of an annual fee or renewal of any license to do business in the United States and in connection with State or Indian Tribe corporate tax assessments or renewals— ‘‘ I notify filers of their requirements as reporting companies under this section including the requirements to file and update reports under paragraphs 1 and 2 of subsection b and ‘‘ II provide the filers with a copy of the reporting company form created by the Secretary of the Treasury under this subsection or an internet link to that form ‘‘ ii The secretary of a State or a similar office in each State or Indian Tribe responsible for the formation or registration of entities created by the filing of a public document with the office under the law of the State or Indian Tribes shall update the websites forms relating to incorporation and physical premises of the office to notify filers of their requirements as reporting companies under this section including providing an internet link to the reporting company form created by the Secretary of the Treasury under this section ‘‘ B NOTIFICATION FROM THE DEPARTMENT OF THE TREASURY —A notification under clause i or ii of subparagraph A shall explicitly state that the notification is on behalf of the Department of the Treasury for the purpose of preventing money laundering the financing of terrorism proliferation financing serious tax fraud and other financial crime by requiring nonpublic registration of business entities formed or registered to do business in the United States H R 6395—1234 ‘‘ f NO BEARER SHARE CORPORATIONS OR LIMITED LIABILITY COMPANIES —A corporation limited liability company or other similar entity formed under the laws of a State or Indian Tribe may not issue a certificate in bearer form evidencing either a whole or fractional interest in the entity ‘‘ g REGULATIONS —In promulgating regulations carrying out this section the Director shall reach out to members of the small business community and other appropriate parties to ensure efficiency and effectiveness of the process for the entities subject to the requirements of this section ‘‘ h PENALTIES — ‘‘ 1 REPORTING VIOLATIONS —It shall be unlawful for any person to— ‘‘ A willfully provide or attempt to provide false or fraudulent beneficial ownership information including a false or fraudulent identifying photograph or document to FinCEN in accordance with subsection b or ‘‘ B willfully fail to report complete or updated beneficial ownership information to FinCEN in accordance with subsection b ‘‘ 2 UNAUTHORIZED DISCLOSURE OR USE —Except as authorized by this section it shall be unlawful for any person to knowingly disclose or knowingly use the beneficial ownership information obtained by the person through— ‘‘ A a report submitted to FinCEN under subsection b or ‘‘ B a disclosure made by FinCEN under subsection c ‘‘ 3 CRIMINAL AND CIVIL PENALTIES — ‘‘ A REPORTING VIOLATIONS —Any person that violates subparagraph A or B of paragraph 1 — ‘‘ i shall be liable to the United States for a civil penalty of not more than $500 for each day that the violation continues or has not been remedied and ‘‘ ii may be fined not more than $10 000 imprisoned for not more than 2 years or both ‘‘ B UNAUTHORIZED DISCLOSURE OR USE VIOLATIONS — Any person that violates paragraph 2 — ‘‘ i shall be liable to the United States for a civil penalty of not more than $500 for each day that the violation continues or has not been remedied and ‘‘ ii I shall be fined not more than $250 000 or imprisoned for not more than 5 years or both or ‘‘ II while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100 000 in a 12-month period shall be fined not more than $500 000 imprisoned for not more than 10 years or both ‘‘ C SAFE HARBOR — ‘‘ i SAFE HARBOR — ‘‘ I IN GENERAL —Except as provided in subclause II a person shall not be subject to civil or criminal penalty under subparagraph A if the person— ‘‘ aa has reason to believe that any report submitted by the person in accordance with H R 6395—1235 subsection b contains inaccurate information and ‘‘ bb in accordance with regulations issued by the Secretary voluntarily and promptly and in no case later than 90 days after the date on which the person submitted the report submits a report containing corrected information ‘‘ II EXCEPTIONS —A person shall not be exempt from penalty under clause i if at the time the person submits the report required by subsection b the person— ‘‘ aa acts for the purpose of evading the reporting requirements under subsection b and ‘‘ bb has actual knowledge that any information contained in the report is inaccurate ‘‘ ii ASSISTANCE —FinCEN shall provide assistance to any person seeking to submit a corrected report in accordance with clause i I ‘‘ 4 USER COMPLAINT PROCESS — ‘‘ A IN GENERAL —The Inspector General of the Department of the Treasury in coordination with the Secretary of the Treasury shall provide public contact information to receive external comments or complaints regarding the beneficial ownership information notification and collection process or regarding the accuracy completeness or timeliness of such information ‘‘ B REPORT —The Inspector General of the Department of the Treasury shall submit to Congress a periodic report that— ‘‘ i summarizes external comments or complaints and related investigations conducted by the Inspector General related to the collection of beneficial ownership information and ‘‘ ii includes recommendations in coordination with FinCEN to improve the form and manner of the notification collection and updating processes of the beneficial ownership information reporting requirements to ensure the beneficial ownership information reported to FinCEN is accurate complete and highly useful ‘‘ 5 TREASURY OFFICE OF INSPECTOR GENERAL INVESTIGATION IN THE EVENT OF A CYBERSECURITY BREACH — ‘‘ A IN GENERAL —In the event of a cybersecurity breach that results in substantial unauthorized access and disclosure of sensitive beneficial ownership information the Inspector General of the Department of the Treasury shall conduct an investigation into FinCEN cybersecurity practices that to the extent possible determines any vulnerabilities within FinCEN information security and confidentiality protocols and provides recommendations for fixing those deficiencies ‘‘ B REPORT —The Inspector General of the Department of the Treasury shall submit to the Secretary of H R 6395—1236 the Treasury a report on each investigation conducted under subparagraph A ‘‘ C ACTIONS OF THE SECRETARY —Upon receiving a report submitted under subparagraph B the Secretary of the Treasury shall— ‘‘ i determine whether the Director had any responsibility for the cybersecurity breach or whether policies practices or procedures implemented at the direction of the Director led to the cybersecurity breach and ‘‘ ii submit to Congress a written report outlining the findings of the Secretary including a determination by the Secretary on whether to retain or dismiss the individual serving as the Director ‘‘ 6 DEFINITION —In this subsection the term ‘willfully’ means the voluntary intentional violation of a known legal duty ‘‘ i CONTINUOUS REVIEW OF EXEMPT ENTITIES — ‘‘ 1 IN GENERAL —On and after the effective date of the regulations promulgated under subsection b 4 if the Secretary of the Treasury makes a determination which may be based on information contained in the report required under section 6502 c of the Anti-Money Laundering Act of 2020 or on any other information available to the Secretary that an entity or class of entities described in subsection a 11 B has been involved in significant abuse relating to money laundering the financing of terrorism proliferation finance serious tax fraud or any other financial crime not later than 90 days after the date on which the Secretary makes the determination the Secretary shall submit to the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that explains the reasons for the determination and any administrative or legislative recommendations to prevent such abuse ‘‘ 2 CLASSIFIED ANNEX —The report required by paragraph 1 — ‘‘ A shall be submitted in unclassified form and ‘‘ B may include a classified annex ’’ b CONFORMING AMENDMENTS —Title 31 United States Code is amended— 1 in section 5321 a — A in paragraph 1 by striking ‘‘sections 5314 and 5315’’ each place that term appears and inserting ‘‘sections 5314 5315 and 5336’’ and B in paragraph 6 by inserting ‘‘ except section 5336 ’’ after ‘‘subchapter’’ each place that term appears 2 in section 5322 by striking ‘‘section 5315 or 5324’’ each place that term appears and inserting ‘‘section 5315 5324 or 5336’’ and 3 in the table of sections for chapter 53 as amended by sections 6306 b 1 6307 b and 6313 b of this division by adding at the end the following ‘‘5336 Beneficial ownership information reporting requirements ’’ c REPORTING REQUIREMENTS FOR FEDERAL CONTRACTORS — H R 6395—1237 1 IN GENERAL —Not later than 2 years after the date of enactment of this Act the Administrator for Federal Procurement Policy shall revise the Federal Acquisition Regulation maintained under section 1303 a 1 of title 41 United States Code to require any contractor or subcontractor that is subject to the requirement to disclose beneficial ownership information under section 5336 of title 31 United States Code as added by subsection a of this section to provide the information required to be disclosed under such section to the Federal Government as part of any bid or proposal for a contract with a value threshold in excess of the simplified acquisition threshold under section 134 of title 41 United States Code 2 APPLICABILITY —The revision required under paragraph 1 shall not apply to a covered contractor or subcontractor as defined in section 847 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 that is subject to the beneficial ownership disclosure and review requirements under that section d REVISED DUE DILIGENCE RULEMAKING — 1 IN GENERAL —Not later than 1 year after the effective date of the regulations promulgated under section 5336 b 4 of title 31 United States Code as added by subsection a of this section the Secretary of the Treasury shall revise the final rule entitled ‘‘Customer Due Diligence Requirements for Financial Institutions’’ 81 Fed Reg 29397 May 11 2016 to— A bring the rule into conformance with this division and the amendments made by this division B account for the access of financial institutions to beneficial ownership information filed by reporting companies under section 5336 and provided in the form and manner prescribed by the Secretary in order to confirm the beneficial ownership information provided directly to the financial institutions to facilitate the compliance of those financial institutions with anti-money laundering countering the financing of terrorism and customer due diligence requirements under applicable law and C reduce any burdens on financial institutions and legal entity customers that are in light of the enactment of this division and the amendments made by this division unnecessary or duplicative 2 CONFORMANCE — A IN GENERAL —In carrying out paragraph 1 the Secretary of the Treasury shall rescind paragraphs b through j of section 1010 230 of title 31 Code of Federal Regulations upon the effective date of the revised rule promulgated under this subsection B RULE OF CONSTRUCTION —Nothing in this section may be construed to authorize the Secretary of the Treasury to repeal the requirement that financial institutions identify and verify beneficial owners of legal entity customers under section 1010 230 a of title 31 Code of Federal Regulations 3 CONSIDERATIONS —In fulfilling the requirements under this subsection the Secretary of the Treasury shall consider— A the use of risk-based principles for requiring reports of beneficial ownership information H R 6395—1238 B the degree of reliance by financial institutions on information provided by FinCEN for purposes of obtaining and updating beneficial ownership information C strategies to improve the accuracy completeness and timeliness of the beneficial ownership information reported to the Secretary and D any other matter that the Secretary determines is appropriate 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 SEC 6501 INVESTIGATIONS AND PROSECUTION OF OFFENSES FOR VIOLATIONS OF THE SECURITIES LAWS a IN GENERAL —Section 21 d of the Securities Exchange Act of 1934 15 U S C 78u d is amended— 1 in paragraph 3 — A in the paragraph heading— i by inserting ‘‘CIVIL’’ before ‘‘MONEY PENALTIES’’ and ii by striking ‘‘IN CIVIL ACTIONS’’ and inserting ‘‘AND AUTHORITY TO SEEK DISGORGEMENT’’ B in subparagraph A by striking ‘‘jurisdiction to impose’’ and all that follows through the period at the end and inserting the following ‘‘jurisdiction to— ‘‘ i impose upon a proper showing a civil penalty to be paid by the person who committed such violation and ‘‘ ii require disgorgement under paragraph 7 of any unjust enrichment by the person who received such unjust enrichment as a result of such violation ’’ and C in subparagraph B — i in clause i in the first sentence by striking ‘‘the penalty’’ and inserting ‘‘a civil penalty imposed under subparagraph A i ’’ ii in clause ii by striking ‘‘amount of penalty’’ and inserting ‘‘amount of a civil penalty imposed under subparagraph A i ’’ and iii in clause iii in the matter preceding item aa by striking ‘‘amount of penalty for each such violation’’ and inserting ‘‘amount of a civil penalty imposed under subparagraph A i for each violation described in that subparagraph’’ H R 6395—1239 2 in paragraph 4 by inserting ‘‘under paragraph 7 ’’ after ‘‘funds disgorged’’ and 3 by adding at the end the following ‘‘ 7 DISGORGEMENT —In any action or proceeding brought by the Commission under any provision of the securities laws the Commission may seek and any Federal court may order disgorgement ‘‘ 8 LIMITATIONS PERIODS — ‘‘ A DISGORGEMENT —The Commission may bring a claim for disgorgement under paragraph 7 — ‘‘ i not later than 5 years after the latest date of the violation that gives rise to the action or proceeding in which the Commission seeks the claim occurs or ‘‘ ii not later than 10 years after the latest date of the violation that gives rise to the action or proceeding in which the Commission seeks the claim if the violation involves conduct that violates— ‘‘ I section 10 b ‘‘ II section 17 a 1 of the Securities Act of 1933 15 U S C 77q a 1 ‘‘ III section 206 1 of the Investment Advisers Act of 1940 15 U S C 80b–6 1 or ‘‘ IV any other provision of the securities laws for which scienter must be established ‘‘ B EQUITABLE REMEDIES —The Commission may seek a claim for any equitable remedy including for an injunction or for a bar suspension or cease and desist order not later than 10 years after the latest date on which a violation that gives rise to the claim occurs ‘‘ C CALCULATION —For the purposes of calculating any limitations period under this paragraph with respect to an action or claim any time in which the person against which the action or claim as applicable is brought is outside of the United States shall not count towards the accrual of that period ‘‘ 9 RULE OF CONSTRUCTION —Nothing in paragraph 7 may be construed as altering any right that any private party may have to maintain a suit for a violation of this Act ’’ b APPLICABILITY —The amendments made by subsection a shall apply with respect to any action or proceeding that is pending on or commenced on or after the date of enactment of this Act SEC 6502 GAO AND TREASURY STUDIES ON BENEFICIAL OWNERSHIP INFORMATION REPORTING REQUIREMENTS a EFFECTIVENESS OF INCORPORATION PRACTICES STUDY —Not later than 2 years after the effective date of the regulations promulgated under section 5336 b 4 of title 31 United States Code as added by section 6403 a of this division the Comptroller General of the United States shall conduct a study and submit to Congress a report assessing the effectiveness of incorporation practices implemented under this division and the amendments made by this division in— 1 providing national security intelligence and law enforcement agencies with prompt access to reliable useful and complete beneficial ownership information and H R 6395—1240 2 strengthening the capability of national security intelligence and law enforcement agencies to— A combat incorporation abuses and civil and criminal misconduct and B detect prevent or prosecute money laundering the financing of terrorism proliferation finance serious tax fraud or other crimes b USING TECHNOLOGY TO AVOID DUPLICATIVE LAYERS OF REPORTING OBLIGATIONS AND INCREASE ACCURACY OF BENEFICIAL OWNERSHIP INFORMATION — 1 IN GENERAL —The Secretary in consultation with the Attorney General shall conduct a study to evaluate— A the effectiveness of using FinCEN identifiers as defined in section 5336 of title 31 United States Code as added by section 6403 a of this division or other simplified reporting methods in order to facilitate a simplified beneficial ownership regime for reporting companies B whether a reporting regime whereby only company shareholders are reported within the ownership chain of a reporting company could effectively track beneficial ownership information and increase information to law enforcement C the costs associated with imposing any new verification requirements on FinCEN and D the resources necessary to implement any such changes 2 FINDINGS —The Secretary shall submit to the relevant committees of jurisdiction— A the findings of the study conducted under paragraph 1 and B recommendations for carrying out the findings described in subparagraph A c EXEMPT ENTITIES —Not later than 2 years after the effective date of regulations promulgated under section 5336 b 4 of title 31 United States Code as added by section 6403 a of this division the Comptroller General of the United States in consultation with the Secretary Federal functional regulators the Attorney General the Secretary of Homeland Security and the intelligence community shall conduct a study and submit to Congress a report that— 1 reviews the regulated status related reporting requirements quantity and structure of each class of corporations limited liability companies and similar entities that have been explicitly excluded from the definition of reporting company and the requirement to report beneficial ownership information under section 5336 of title 31 United States Code as added by section 6403 a of this division 2 assesses the extent to which any excluded entity or class of entities described in paragraph 1 pose significant risks of money laundering the financing of terrorism proliferation finance serious tax fraud and other financial crime and 3 identifies other policy areas related to the risks of exempt entities described in paragraph 1 for Congress to consider as Congress is conducting oversight of the new beneficial ownership information reporting requirements established by this division and amendments made by this division d OTHER LEGAL ENTITIES STUDY —Not later than 2 years after the effective date of the regulations promulgated under section H R 6395—1241 5336 b 4 of title 31 United States Code as added by section 6403 a of this division the Comptroller General of the United States shall conduct a study and submit to Congress a report— 1 identifying each State that has procedures that enable persons to form or register under the laws of the State partnerships trusts or other legal entities and the nature of those procedures 2 identifying each State that requires persons seeking to form or register partnerships trusts or other legal entities under the laws of the State to provide beneficial owners as defined in section 5336 a of title 31 United States Code as added by section 6403 of this division or beneficiaries of those entities and the nature of the required information 3 evaluating whether the lack of available beneficial ownership information for partnerships trusts or other legal entities— A raises concerns about the involvement of those entities in terrorism money laundering tax evasion securities fraud or other misconduct and B has impeded investigations into entities suspected of the misconduct described in subparagraph A 4 evaluating whether the failure of the United States to require beneficial ownership information for partnerships and trusts formed or registered in the United States has elicited international criticism and 5 including what steps if any the United States has taken is planning to take or should take in response to the criticism described in paragraph 4 SEC 6503 GAO STUDY ON FEEDBACK LOOPS a DEFINITION —In this section the term ‘‘feedback loop’’ means feedback provided by the United States Government to relevant parties b STUDY —The Comptroller General of the United States shall conduct a study on— 1 best practices within the United States Government for feedback loops including regulated private entities on the usage and usefulness of personally identifiable information sensitive-but-unclassified data or similar information provided by the parties to United States Government users of the information and data including law enforcement agencies and regulators and 2 any practice or standard inside or outside the United States for providing feedback through sensitive information and public-private partnership information sharing efforts specifically related to efforts to combat money laundering and other forms of illicit finance c REPORT —Not later than 18 months after the date of enactment of this Act the Comptroller General of the United States shall submit to the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing— 1 all findings and determinations made in carrying out the study required under subsection b 2 with respect to each of paragraphs 1 and 2 of subsection b any best practice or significant concern identified by the Comptroller General and the applicability to public- H R 6395—1242 private partnerships and feedback loops with respect to efforts by the United States Government to combat money laundering and other forms of illicit finance and 3 recommendations of the Comptroller General to reduce or eliminate any unnecessary collection by the United States Government of the information described in subsection b 1 SEC 6504 GAO CTR STUDY AND REPORT The Comptroller General of the United States shall— 1 not later than January 1 2025 commence a study of currency transaction reports which shall include— A a review carried out in consultation with the Secretary FinCEN the Attorney General the State attorneys general and State Tribal and local law enforcement of the effectiveness of the currency transaction reporting regime in effect as of the date of the study B an analysis of the importance of currency transaction reports to law enforcement and C an analysis of the effects of raising the currency transaction report threshold and 2 not later than December 31 2025 submit to the Secretary and Congress a report that includes— A all findings and determinations made in carrying out the study required under paragraph 1 and B recommendations for improving the currency transaction reporting regime SEC 6505 GAO STUDIES ON TRAFFICKING a DEFINITION OF HUMAN TRAFFICKING —In this section the term ‘‘human trafficking’’ has the meaning given the term ‘‘severe forms of trafficking in persons’’ in section 103 of the Trafficking Victims Protection Act of 2000 22 U S C 7102 b GAO STUDY AND REPORT ON STOPPING TRAFFICKING ILLICIT FLOWS LAUNDERING AND EXPLOITATION — 1 STUDY —The Comptroller General of the United States shall carry out a study in consultation with law enforcement relevant Federal agencies appropriate private sector stakeholders including financial institutions and data and technology companies academic and other research organizations including survivor and victim advocacy organizations and any other group that the Comptroller General determines is appropriate on— A the major trafficking routes used by transnational criminal organizations terrorists and others and to what extent the trafficking routes for people including children drugs weapons cash child sexual exploitation materials or other illicit goods are similar related or contiguous B commonly used methods to launder and move the proceeds of trafficking C the types of suspicious financial activity that are associated with illicit trafficking networks and how financial institutions identify and report such activity D the nexus between the identities and finances of trafficked persons and fraud E the tools guidance training partnerships supervision or other mechanisms that Federal agencies including FinCEN the Federal financial regulators and H R 6395—1243 law enforcement provide to help financial institutions identify techniques and patterns of transactions that may involve the proceeds of trafficking F what steps financial institutions are taking to detect and prevent bad actors who are laundering the proceeds of illicit trafficking including data analysis policies training procedures rules and guidance G what role gatekeepers such as lawyers notaries accountants investment advisors logistics agents and trust and company service providers play in facilitating trafficking networks and the laundering of illicit proceeds and H the role that emerging technologies including artificial intelligence digital identity technologies distributed ledger technologies virtual assets and related exchanges and online marketplaces and other innovative technologies can play in assisting with and potentially enabling the laundering of proceeds from trafficking 2 REPORT TO CONGRESS —Not later than 1 year after the date of enactment of this Act the Comptroller General of the United States shall submit to the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report— A summarizing the results of the study required under paragraph 1 and B that contains any recommendations for legislative or regulatory action that would improve the efforts of Federal agencies to combat trafficking or the laundering of proceeds from such activity c GAO STUDY AND REPORT ON FIGHTING ILLICIT NETWORKS AND DETECTING TRAFFICKING — 1 STUDY —The Comptroller General of the United States shall conduct a study on how a range of payment systems and methods including virtual currencies in online marketplaces are used to facilitate human trafficking and drug trafficking which shall consider— A how online marketplaces including the dark web may be used as platforms to buy sell or facilitate the financing of goods or services associated with human trafficking or drug trafficking specifically opioids and synthetic opioids including fentanyl fentanyl analogues and any precursor chemical associated with manufacturing fentanyl or fentanyl analogues destined for originating from or within the United States B how financial payment methods including virtual currencies and peer-to-peer mobile payment services may be utilized by online marketplaces to facilitate the buying selling or financing of goods and services associated with human trafficking or drug trafficking destined for originating from or within the United States C how virtual currencies may be used to facilitate the buying selling or financing of goods and services associated with human trafficking or drug trafficking destined for originating from or within the United States when an online platform is not otherwise involved D how illicit funds that have been transmitted online and through virtual currencies are repatriated into the H R 6395—1244 formal banking system of the United States through money laundering or other means E the participants including State and non-State actors throughout the entire supply chain that may participate in or benefit from the buying selling or financing of goods and services associated with human trafficking or drug trafficking including through online marketplaces or using virtual currencies destined for originating from or within the United States F Federal and State agency efforts to impede the buying selling or financing of goods and services associated with human trafficking or drug trafficking destined for originating from or within the United States including efforts to prevent the proceeds from human trafficking or drug trafficking from entering the United States banking system G how virtual currencies and their underlying technologies can be used to detect and deter these illicit activities and H to what extent immutability and traceability of virtual currencies can contribute to the tracking and prosecution of illicit funding 2 REPORT TO CONGRESS —Not later than 1 year after the date of enactment of this Act the Comptroller General of the United States shall submit to the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report— A summarizing the results of the study required under paragraph 1 and B that contains any recommendations for legislative or regulatory action that would improve the efforts of Federal agencies to impede the use of virtual currencies and online marketplaces in facilitating human trafficking and drug trafficking SEC 6506 TREASURY STUDY AND STRATEGY ON TRADE-BASED MONEY LAUNDERING a STUDY REQUIRED — 1 IN GENERAL —The Secretary shall carry out a study in consultation with appropriate private sector stakeholders academic and other international trade experts and Federal agencies on trade-based money laundering 2 CONTRACTING AUTHORITY —The Secretary may enter into a contract with a private third-party entity to carry out the study required by paragraph 1 b REPORT REQUIRED — 1 IN GENERAL —Not later than 1 year after the date of enactment of this Act the Secretary shall submit to Congress a report that includes— A all findings and determinations made in carrying out the study required under subsection a and B proposed strategies to combat trade-based money laundering 2 CLASSIFIED ANNEX —The report required under paragraph 1 — A shall be submitted in unclassified form and B may include a classified annex H R 6395—1245 SEC 6507 TREASURY STUDY AND STRATEGY ON MONEY LAUNDERING BY THE PEOPLE’S REPUBLIC OF CHINA a STUDY —The Secretary shall carry out a study which shall rely substantially on information obtained through the trade-based money laundering analyses conducted by the Comptroller General of the United States on— 1 the extent and effect of illicit finance risk relating to the Government of the People’s Republic of China and Chinese firms including financial institutions 2 an assessment of the illicit finance risks emanating from the People’s Republic of China 3 those risks allowed directly or indirectly by the Government of the People’s Republic of China including those enabled by weak regulatory or administrative controls of that government and 4 the ways in which the increasing amount of global trade and investment by the Government of the People’s Republic of China and Chinese firms exposes the international financial system to increased risk relating to illicit finance b STRATEGY TO COUNTER CHINESE MONEY LAUNDERING — Upon the completion of the study required under subsection a the Secretary in consultation with such other Federal agencies as the Secretary determines appropriate shall develop a strategy to combat Chinese money laundering activities c REPORT —Not later than 1 year after the date of enactment of this Act the Secretary shall submit to Congress a report containing— 1 all findings and determinations made in carrying out the study required under subsection a and 2 the strategy developed under subsection b d CLASSIFIED ANNEX —The report required by subsection c — 1 shall be submitted in unclassified form and 2 may include a classified annex SEC 6508 TREASURY AND JUSTICE STUDY ON THE EFFORTS OF AUTHORITARIAN REGIMES TO EXPLOIT THE FINANCIAL SYSTEM OF THE UNITED STATES a IN GENERAL —Not later than 1 year after the date of enactment of this Act the Secretary and the Attorney General in consultation with the heads of other relevant national security intelligence and law enforcement agencies shall conduct a study that considers how authoritarian regimes in foreign countries and their proxies use the financial system of the United States to— 1 conduct political influence operations 2 sustain kleptocratic methods of maintaining power 3 export corruption 4 fund nongovernmental organizations media organizations or academic initiatives in the United States to advance the interests of those regimes and 5 otherwise undermine democratic governance in the United States and the partners and allies of the United States b REPORT —Not later than 2 years after the date of enactment of this Act the Secretary shall submit to the Committee on Banking Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains— H R 6395—1246 1 the results of the study required under subsection a and 2 any recommendations for legislative or regulatory action or steps to be taken by United States financial institutions that would address exploitation of the financial system of the United States by foreign authoritarian regimes SEC 6509 AUTHORIZATION OF APPROPRIATIONS a IN GENERAL —Subsection l of section 310 of title 31 United States Code as redesignated by section 6103 1 of this division is amended by striking paragraph 1 and inserting the following ‘‘ 1 IN GENERAL —There are authorized to be appropriated to FinCEN to carry out this section to remain available until expended— ‘‘ A $136 000 000 for fiscal year 2021 ‘‘ B $60 000 000 for fiscal year 2022 and ‘‘ C $35 000 000 for each of fiscal years 2023 through 2026 ’’ b BENEFICIAL OWNERSHIP INFORMATION REPORTING REQUIREMENTS —Section 5336 of title 31 United States Code as added by section 6403 a of this division is amended by adding at the end the following ‘‘ j AUTHORIZATION OF APPROPRIATIONS —There are authorized to be appropriated to FinCEN for each of the 3 fiscal years beginning on the effective date of the regulations promulgated under subsection b 4 such sums as may be necessary to carry out this section including allocating funds to the States to pay reasonable costs relating to compliance with the requirements of such section ’’ SEC 6510 DISCRETIONARY SURPLUS FUNDS The dollar amount specified under section 7 a 3 A of the Federal Reserve Act 12 U S C 289 a 3 A is reduced by $40 000 000 SEC 6511 SEVERABILITY If any provision of this division an amendment made by this division or the application of such provision or amendment to any person or circumstance is held to be unconstitutional the remainder of this division the amendments made by this division and the application of the provisions of such to any person or circumstance shall not be affected thereby DIVISION G—ELIJAH E CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020 SEC 8001 SHORT TITLE This division may be cited as the ‘‘Elijah E Cummings Coast Guard Authorization Act of 2020’’ SEC 8002 DEFINITION OF COMMANDANT In this division the term ‘‘Commandant’’ means the Commandant of the Coast Guard H R 6395—1247 TITLE LVXXXI—AUTHORIZATIONS Sec Sec Sec Sec 8101 8102 8103 8104 Sec Sec Sec Sec Sec Sec Sec Sec 8105 8106 8107 8108 8109 8110 8111 8112 Authorizations of appropriations Authorized levels of military strength and training Determination of budgetary effects Availability of amounts for acquisition of additional National Security Cutter Procurement authority for Polar Security Cutters Sense of the Congress on need for new Great Lakes icebreaker Procurement authority for Great Lakes icebreaker Polar Security Cutter acquisition report Shoreside infrastructure Major acquisition systems infrastructure Polar icebreakers Acquisition of fast response cutter SEC 8101 AUTHORIZATIONS OF APPROPRIATIONS Section 4902 of title 14 United States Code is amended— 1 in the matter preceding paragraph 1 by striking ‘‘year 2019’’ and inserting ‘‘years 2020 and 2021’’ 2 in paragraph 1 A by striking ‘‘provided for $7 914 195 000 for fiscal year 2019 ’’ and inserting ‘‘provided for— ‘‘ i $8 151 620 850 for fiscal year 2020 and ‘‘ ii $8 396 169 475 for fiscal year 2021 ’’ 3 in paragraph 1 B by striking ‘‘subparagraph A — ’’ and inserting ‘‘subparagraph A i $17 035 000 shall be for environmental compliance and restoration ’’ 4 by striking clauses i and ii of paragraph 1 B 5 in paragraph 1 by adding at the end the following ‘‘ C Of the amount authorized under subparagraph A ii $17 376 000 shall be for environmental compliance and restoration ’’ 6 in paragraph 2 — A by striking ‘‘For the procurement’’ and inserting ‘‘ A For the procurement’’ B by striking ‘‘and equipment $2 694 745 000 for fiscal year 2019 ’’ and inserting ‘‘and equipment— ‘‘ i $2 794 745 000 for fiscal year 2020 and ‘‘ ii $3 312 114 000 for fiscal year 2021 ’’ and C by adding at the end the following ‘‘ B Of the amounts authorized under subparagraph A the following amounts shall be for the alteration of bridges ‘‘ i $10 000 000 for fiscal year 2020 and ‘‘ ii $20 000 000 for fiscal year 2021 ’’ 7 in paragraph 3 by striking ‘‘and equipment $29 141 000 for fiscal year 2019 ’’ and inserting ‘‘and equipment— ‘‘ A $13 834 000 for fiscal year 2020 and ‘‘ B $14 111 000 for fiscal year 2021 ’’ and 8 by adding at the end the following ‘‘ 4 For the Coast Guard’s Medicare-eligible retiree health care fund contribution to the Department of Defense— ‘‘ A $205 107 000 for fiscal year 2020 and ‘‘ B $209 209 000 for fiscal year 2021 ’’ SEC 8102 AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING Section 4904 of title 14 United States Code is amended— H R 6395—1248 1 in subsection a by striking ‘‘43 000 for fiscal year 2018 and 44 500 for fiscal year 2019’’ and inserting ‘‘44 500 for each of fiscal years 2020 and 2021’’ and 2 in subsection b by striking ‘‘fiscal years 2018 and 2019’’ and inserting ‘‘fiscal years 2020 and 2021’’ SEC 8103 DETERMINATION OF BUDGETARY EFFECTS The budgetary effects of this division 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 division submitted for printing in the Congressional Record by the Chairman of the House Budget Committee provided that such statement has been submitted prior to the vote on passage SEC 8104 AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL NATIONAL SECURITY CUTTER a IN GENERAL —Of the amounts authorized to be appropriated by— 1 section 4902 2 A i of title 14 United States Code as amended by section 8101 of this division $100 000 000 for fiscal year 2020 and 2 section 4902 2 A ii of title 14 United States Code as amended by section 8101 of this division $550 000 000 for fiscal year 2021 is authorized for the acquisition of a National Security Cutter b TREATMENT OF ACQUIRED CUTTER —Any cutter acquired using amounts available pursuant to subsection a shall be in addition to the National Security Cutters approved under the existing acquisition baseline in the program of record for the National Security Cutter SEC 8105 PROCUREMENT AUTHORITY FOR POLAR SECURITY CUTTERS a FUNDING —Of the amounts authorized to be appropriated by— 1 section 4902 2 A i of title 14 United States Code as amended by section 8101 of this division $135 000 000 for fiscal year 2020 and 2 section 4902 2 A ii of title 14 United States Code as amended by section 8101 of this division $610 000 000 for fiscal year 2021 is authorized for construction of a Polar Security Cutter b PROHIBITION ON CONTRACTS OR USE OF FUNDS FOR DEVELOPMENT OF COMMON HULL DESIGN —Notwithstanding any other provision of law the Secretary of the department in which the Coast Guard is operating may not enter into any contract for and no funds shall be obligated or expended on the development of a common hull design for medium Polar Security Cutters and Great Lakes icebreakers SEC 8106 SENSE OF THE CONGRESS ON NEED FOR NEW GREAT LAKES ICEBREAKER a FINDINGS —The Congress finds the following 1 The Great Lakes shipping industry is crucial to the American economy including the United States manufacturing base providing important economic and national security benefits H R 6395—1249 2 A recent study found that the Great Lakes shipping industry supports 237 000 jobs and tens of billions of dollars in economic activity 3 United States Coast Guard icebreaking capacity is crucial to full utilization of the Great Lakes shipping system as during the winter icebreaking season up to 15 percent of annual cargo loads are delivered and many industries would have to reduce their production if Coast Guard icebreaking services were not provided 4 6 of the Coast Guard’s 9 icebreaking cutters in the Great Lakes are more than 30 years old and are frequently inoperable during the winter icebreaking season including those that have completed a recent service life extension program 5 During the previous 10 winters Coast Guard Great Lakes icebreaking cutters have been inoperable for an average of 65 cutter-days during the winter icebreaking season with this annual lost capability exceeding 100 cutter days with a high of 246 cutter days during the winter of 2017–2018 6 The 2019 ice season provides further proof that current Coast Guard icebreaking capacity is inadequate for the needs of the Great Lakes shipping industry as only 6 of the 9 icebreaking cutters are operational and millions of tons of cargo was not loaded or was delayed due to inadequate Coast Guard icebreaking assets during a historically average winter for Great Lakes ice coverage 7 The Congress has authorized the Coast Guard to acquire a new Great Lakes icebreaker as capable as Coast Guard Cutter Mackinaw WLBB–30 the most capable Great Lakes icebreaker and $10 million has been appropriated to fund the design and initial acquisition work for this icebreaker 8 The Coast Guard has not initiated a new acquisition program for this Great Lakes icebreaker b SENSE OF THE CONGRESS —It is the sense of the Congress of the United States that a new Coast Guard icebreaker as capable as Coast Guard Cutter Mackinaw WLBB–30 is needed on the Great Lakes and the Coast Guard should acquire this icebreaker as soon as possible SEC 8107 PROCUREMENT AUTHORITY FOR GREAT LAKES ICEBREAKER a IN GENERAL —Of the amounts authorized to be appropriated by section 4902 2 A ii of title 14 United States Code as amended by section 8101 of this division $160 000 000 for fiscal year 2021 is authorized for the acquisition of a Great Lakes icebreaker at least as capable as Coast Guard Cutter Mackinaw WLBB–30 b REPORT —Not later than 30 days after the date of the enactment of this Act the Commandant shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for acquiring an icebreaker as required by section 820 b of the Frank LoBiondo Coast Guard Authorization Act of 2018 Public Law 115–282 SEC 8108 POLAR SECURITY CUTTER ACQUISITION REPORT Not later than 1 year after the date of the enactment of this Act the Commandant shall submit to the Committees on Transportation and Infrastructure and Armed Services of the House of H R 6395—1250 Representatives and the Committees on Commerce Science and Transportation and Armed Services of the Senate a report on— 1 the extent to which specifications key drawings and detail design for the Polar Security Cutter are complete before the start of construction 2 the extent to which Polar Security Cutter hulls numbers one two and three are science ready and 3 what actions will be taken to ensure that Polar Security Cutter hull number four is science capable as described in the National Academies of Sciences Engineering and Medicine’s Committee on Polar Icebreaker Cost Assessment letter report entitled ‘‘Acquisition and Operation of Polar Icebreakers Fulfilling the Nation’s Needs’’ and dated July 11 2017 SEC 8109 SHORESIDE INFRASTRUCTURE Of the amounts authorized to be appropriated by section 4902 2 A of title 14 United States Code as amended by section 8101 of this division for each of fiscal years 2020 and 2021 $167 500 000 is authorized for the Secretary of the department in which the Coast Guard is operating to fund the acquisition construction rebuilding or improvement of the Coast Guard shoreside infrastructure and facilities necessary to support Coast Guard operations and readiness SEC 8110 MAJOR ACQUISITION SYSTEMS INFRASTRUCTURE Of the amounts authorized to be appropriated by section 4902 2 A ii of title 14 United States Code as amended by section 8101 of this division $105 000 000 is authorized for the hangar replacement listed in the fiscal year 2020 Unfunded Priority List SEC 8111 POLAR ICEBREAKERS a IN GENERAL —Section 561 of title 14 United States Code is amended to read as follows ‘‘§ 561 Icebreaking in polar regions ‘‘ a PROCUREMENT AUTHORITY — ‘‘ 1 IN GENERAL —The Secretary may enter into one or more contracts for the procurement of— ‘‘ A the Polar Security Cutters approved as part of a major acquisition program as of November 1 2019 and ‘‘ B 3 additional Polar Security Cutters ‘‘ 2 CONDITION FOR OUT-YEAR CONTRACT PAYMENTS —A contract entered into under paragraph 1 shall provide that any obligation of the United States to make a payment under the contract during a fiscal year after fiscal year 2019 is subject to the availability of appropriations or funds for that purpose for such later fiscal year ‘‘ b PLANNING —The Secretary shall facilitate planning for the design procurement maintenance deployment and operation of icebreakers as needed to support the statutory missions of the Coast Guard in the polar regions by allocating all funds to support icebreaking operations in such regions except for recurring incremental costs associated with specific projects to the Coast Guard ‘‘ c REIMBURSEMENT —Nothing in this section shall preclude the Secretary from seeking reimbursement for operation and maintenance costs of the Polar Star Healy or any other Polar Security Cutter from other Federal agencies and entities including foreign countries that benefit from the use of those vessels H R 6395—1251 ‘‘ d RESTRICTION — ‘‘ 1 IN GENERAL —The Commandant may not— ‘‘ A transfer relinquish ownership of dismantle or recycle the Polar Sea or Polar Star ‘‘ B change the current homeport of the Polar Sea or Polar Star or ‘‘ C expend any funds— ‘‘ i for any expenses directly or indirectly associated with the decommissioning of the Polar Sea or Polar Star including expenses for dock use or other goods and services ‘‘ ii for any personnel expenses directly or indirectly associated with the decommissioning of the Polar Sea or Polar Star including expenses for a decommissioning officer ‘‘ iii for any expenses associated with a decommissioning ceremony for the Polar Sea or Polar Star ‘‘ iv to appoint a decommissioning officer to be affiliated with the Polar Sea or Polar Star or ‘‘ v to place the Polar Sea or Polar Star in inactive status ‘‘ 2 SUNSET —This subsection shall cease to have effect on September 30 2022 ‘‘ e LIMITATION — ‘‘ 1 IN GENERAL —The Secretary may not expend amounts appropriated for the Coast Guard for any of fiscal years 2015 through 2024 for— ‘‘ A design activities related to a capability of a Polar Security Cutter that is based solely on an operational requirement of a Federal department or agency other than the Coast Guard except for amounts appropriated for design activities for a fiscal year before fiscal year 2016 or ‘‘ B long-lead-time materials production or postdelivery activities related to such a capability ‘‘ 2 OTHER AMOUNTS —Amounts made available to the Secretary under an agreement with a Federal department or agency other than the Coast Guard and expended on a capability of a Polar Security Cutter that is based solely on an operational requirement of such Federal department or agency shall not be treated as amounts expended by the Secretary for purposes of the limitation under paragraph 1 ‘‘ f ENHANCED MAINTENANCE PROGRAM FOR THE POLAR STAR — ‘‘ 1 IN GENERAL —Subject to the availability of appropriations the Commandant shall conduct an enhanced maintenance program on the Polar Star to extend the service life of such vessel until at least December 31 2025 ‘‘ 2 AUTHORIZATION OF APPROPRIATIONS —The Commandant may use funds made available pursuant to section 4902 1 A to carry out this subsection ‘‘ g DEFINITIONS —In this section ‘‘ 1 POLAR SEA —The term ‘Polar Sea’ means Coast Guard Cutter Polar Sea WAGB 11 ‘‘ 2 POLAR STAR —The term ‘Polar Star’ means Coast Guard Cutter Polar Star WAGB 10 ‘‘ 3 HEALY —The term ‘Healy’ means Coast Guard Cutter Healy WAGB 20 ’’ H R 6395—1252 b CONTRACTING FOR MAJOR ACQUISITIONS PROGRAMS —Section 1137 a of title 14 United States Code is amended by inserting ‘‘and 3 Polar Security Cutters in addition to those approved as part of a major acquisition program on November 1 2019’’ before the period at the end c REPEALS — 1 COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006 —Section 210 of the Coast Guard and Maritime Transportation Act of 2006 14 U S C 504 note is repealed 2 COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2012 —Section 222 of the Coast Guard and Maritime Transportation Act of 2012 Public Law 112–213 is repealed 3 HOWARD COBLE COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2014 —Section 505 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 Public Law 113–281 is repealed 4 FRANK LOBIONDO COAST GUARD AUTHORIZATION ACT OF 2018 —Section 821 of the Frank LoBiondo Coast Guard Authorization Act of 2018 Public Law 115–282 is repealed SEC 8112 ACQUISITION OF FAST RESPONSE CUTTER a IN GENERAL —Of the amounts authorized to be appropriated under section 4902 2 A ii of title 14 United States Code as amended by section 8101 of this division $265 000 000 for fiscal year 2021 shall be made available for the acquisition of four Fast Responses Cutters b TREATMENT OF ACQUIRED CUTTERS —Any cutter acquired pursuant to subsection a shall be in addition to the 58 cutters approved under the existing acquisition baseline 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 Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec 8211 8212 8213 8214 8215 8216 8217 8218 8219 8220 8221 8222 8223 8224 8225 Subtitle B—Organization and Management Matters Congressional affairs Director Limitations on claims Renewal of temporary early retirement authority Major acquisitions operation and sustainment costs Support of women serving in the Coast Guard Disposition of infrastructure related to E–LORAN Positions of importance and responsibility Research projects transactions other than contracts and grants Acquisition workforce authorities Vessel conversion alteration and repair projects Modification of acquisition process and procedures Establishment and purpose of Fund definition Payments from Fund Determination of contributions to Fund 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 H R 6395—1253 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 Sec Sec Sec Sec 8240 8241 8242 8243 8244 Sec 8245 Sec 8246 Sec Sec Sec Sec Sec Sec Sec Sec 8247 8248 8249 8250 8251 8252 8253 8254 Sec 8255 Sec 8256 Sec 8257 Sec 8258 Sec 8259 Sec 8260 Sec 8261 Modifications of certain reporting requirements Report on cybersecurity workforce Report on navigation and bridge resource management Report on helicopter life-cycle support and recapitalization Report on Coast Guard response capabilities for cyber incidents on vessels entering ports or waters of the United States Study and report on Coast Guard interdiction of illicit drugs in transit zones Report on liability limits set in section 1004 of the Oil Pollution Act of 1990 Report on Coast Guard defense readiness resources allocation Report on the feasibility of liquefied natural gas fueled vessels Coast Guard authorities study Report on effects of climate change on Coast Guard Shore infrastructure Coast Guard housing status and authorities briefing Physical access control system report Study on Certificate of Compliance inspection program with respect to vessels that carry bulk liquefied gases as cargo and liquefied natural gas tank vessels Comptroller General of the United States review and report on Coast Guard’s International Port Security Program Comptroller General of the United States review and report on surge capacity of the Coast Guard Comptroller General of the United States review and report on marine inspections program of Coast Guard Comptroller General of the United States review and report on information technology program of Coast Guard Comptroller General of the United States study and report on access to health care by members of Coast Guard and dependents Comptroller General of the United States study and report on medical staffing standards and needs for Coast Guard Report on fast response cutters offshore patrol cutters and national security cutters Subtitle E—Coast Guard Academy Improvement Act Sec Sec Sec Sec Sec Sec Sec Sec 8271 8272 8273 8274 8275 8276 8277 8278 Short title Coast Guard Academy study Annual report Assessment of Coast Guard Academy admission processes Coast Guard Academy minority outreach team program Coast Guard college student pre-commissioning initiative Annual board of visitors Homeland Security rotational cybersecurity research program at Coast Guard Academy Subtitle F—Other Matters Sec 9601 Strategy on leadership of Coast Guard Sec 9602 Expedited transfer in cases of sexual assault dependents of members of the Coast Guard Sec 9603 Access to resources during creosote-related building closures at Coast Guard Base Seattle Washington Sec 9604 Southern resident orca conservation and enforcement Sec 9605 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 9606 Inspector General report on access to Equal Opportunity Advisors and Equal Employment Opportunity Specialists Sec 9607 Insider Threat Program H R 6395—1254 Subtitle A—Military Personnel Matters SEC 8201 GRADE ON RETIREMENT a RETIREMENT OF COMMANDANT OR VICE COMMANDANT —Section 303 of title 14 United States Code is amended by adding at the end the following ‘‘ d Retirement under this section is subject to section 2501 a of this title ’’ b RETIREMENT —Section 306 of title 14 United States Code is amended— 1 in subsection a by inserting ‘‘satisfactorily as determined under section 2501 of this title’’ before the period 2 in subsection b by inserting ‘‘satisfactorily as determined under section 2501 of this title’’ before the period and 3 in subsection c by inserting ‘‘if performance of duties in such grade is determined to have been satisfactory pursuant to section 2501 of this title’’ before the period c GRADE ON RETIREMENT —Section 2501 of title 14 United States Code is amended— 1 in subsection a — A by striking ‘‘Any commissioned officer other than a commissioned warrant officer ’’ and inserting ‘‘COMMISSIONED OFFICERS — ‘‘ 1 IN GENERAL —A commissioned officer’’ B by striking ‘‘him’’ and inserting ‘‘the commissioned officer’’ C by striking ‘‘his’’ and inserting ‘‘the commissioned officer’s’’ and D by adding at the end the following ‘‘ 2 CONDITIONAL DETERMINATION —When a commissioned officer is under investigation for alleged misconduct at the time of retirement— ‘‘ A the Secretary may conditionally determine the highest grade of satisfactory service of the commissioned officer pending completion of the investigation and ‘‘ B the grade under subparagraph A is subject to resolution under subsection c 2 ’’ 2 in subsection b — A by inserting ‘‘WARRANT OFFICERS —’’ after ‘‘ b ’’ B by striking ‘‘him’’ and inserting ‘‘the warrant officer’’ and C by striking ‘‘his’’ and inserting ‘‘the warrant officer’s’’ and 3 by adding at the end the following ‘‘ c RETIREMENT IN LOWER GRADE — ‘‘ 1 MISCONDUCT IN LOWER GRADE —In the case of a commissioned officer whom the Secretary determines committed misconduct in a lower grade the Secretary may determine the commissioned officer has not served satisfactorily in any grade equal to or higher than that lower grade ‘‘ 2 ADVERSE FINDINGS —A determination of the retired grade of a commissioned officer shall be resolved following a conditional determination under subsection a 2 if the investigation of or personnel action against the commissioned officer results in adverse findings H R 6395—1255 ‘‘ 3 RECALCULATION OF RETIRED PAY —If the retired grade of a commissioned officer is reduced pursuant to this subsection the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10 and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade ‘‘ d FINALITY OF RETIRED GRADE DETERMINATIONS — ‘‘ 1 IN GENERAL —Except as provided in paragraph 2 a determination of the retired grade of a commissioned officer under this section is administratively final on the day the commissioned officer is retired and may not be reopened ‘‘ 2 REOPENING DETERMINATIONS —A determination of the retired grade of a commissioned officer may be reopened if— ‘‘ A the retirement or retired grade of the commissioned officer was procured by fraud ‘‘ B substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section and such evidence was not known by competent authority at the time of retirement ‘‘ C a mistake of law or calculation was made in the determination of the retired grade ‘‘ D in the case of a retired grade following a conditional determination under subsection a 2 the investigation of or personnel action against the commissioned officer results in adverse findings or ‘‘ E the Secretary determines under regulations prescribed by the Secretary that good cause exists to reopen the determination ‘‘ 3 REQUIREMENTS —If a determination of the retired grade of a commissioned officer is reopened under paragraph 2 the Secretary— ‘‘ A shall notify the commissioned officer of the reopening and ‘‘ B may not make an adverse determination on the retired grade of the commissioned officer until the commissioned officer has had a reasonable opportunity to respond regarding the basis of the reopening ‘‘ 4 RECALCULATION OF RETIRED PAY —If the retired grade of a commissioned officer is reduced through the reopening of the commissioned officer’s retired grade under paragraph 2 the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10 and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade ‘‘ e INAPPLICABILITY TO COMMISSIONED WARRANT OFFICERS — This section including subsection b shall not apply to commissioned warrant officers ’’ SEC 8202 AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD CONSIDERATION a ELIGIBILITY OF OFFICERS FOR CONSIDERATION FOR PROMOTION —Section 2113 of title 14 United States Code is amended by adding at the end the following ‘‘ g 1 Notwithstanding subsection a the Commandant may provide that an officer may upon the officer’s request and with the approval of the Commandant be excluded from consideration by a selection board convened under section 2106 H R 6395—1256 ‘‘ 2 The Commandant shall approve a request under paragraph 1 only if— ‘‘ A the basis for the request is to allow the officer to complete a broadening assignment advanced education another assignment of significant value to the Coast Guard a career progression requirement delayed by the assignment or education or a qualifying personal or professional circumstance as determined by the Commandant ‘‘ B the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard and ‘‘ C the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration ’’ b ELIGIBILITY OF RESERVE OFFICER FOR PROMOTION —Section 3743 of title 14 United States Code is amended to read as follows ‘‘§ 3743 Eligibility for promotion ‘‘ a IN GENERAL —Except as provided in subsection b a Reserve officer is eligible for consideration for promotion and for promotion under this subchapter if that officer is in an active status ‘‘ b EXCEPTION —A Reserve officer who has been considered but not recommended for retention in an active status by a board convened under subsection 3752 a of this title is not eligible for consideration for promotion ‘‘ c REQUEST FOR EXCLUSION — ‘‘ 1 IN GENERAL —The Commandant may provide that an officer may upon the officer’s request and with the approval of the Commandant be excluded from consideration by a selection board convened under section 3740 b of this title to consider officers for promotion to the next higher grade ‘‘ 2 APPROVAL OF REQUEST —The Commandant shall approve a request under paragraph 1 only if— ‘‘ A the basis for the request is to allow an officer to complete a broadening assignment advanced education another assignment of significant value to the Coast Guard a career progression requirement delayed by the assignment or education or a qualifying personal or professional circumstance as determined by the Commandant ‘‘ B the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard and ‘‘ C the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration ’’ SEC 8203 TEMPORARY PROMOTION AUTHORITY FOR OFFICERS IN CERTAIN GRADES WITH CRITICAL SKILLS a IN GENERAL —Subchapter I of chapter 21 of title 14 United States Code is amended by adding at the end the following ‘‘§ 2130 Promotion to certain grades for officers with critical skills captain commander lieutenant commander lieutenant ‘‘ a IN GENERAL —An officer in the grade of lieutenant junior grade lieutenant lieutenant commander or commander who is described in subsection b may be temporarily promoted to the H R 6395—1257 grade of lieutenant lieutenant commander commander or captain under regulations prescribed by the Secretary Appointments under this section shall be made by the President by and with the advice and consent of the Senate ‘‘ b COVERED OFFICERS —An officer described in this subsection is any officer in a grade specified in subsection a who— ‘‘ 1 has a skill in which the Coast Guard has a critical shortage of personnel as determined by the Secretary and ‘‘ 2 is serving in a position as determined by the Secretary that— ‘‘ A is designated to be held by a lieutenant lieutenant commander commander or captain and ‘‘ B requires that an officer serving in such position have the skill possessed by such officer ‘‘ c PRESERVATION OF POSITION AND STATUS OF OFFICERS APPOINTED — ‘‘ 1 The temporary positions authorized under this section shall not be counted among or included in the list of positions on the active duty promotion list ‘‘ 2 An appointment under this section does not change the position on the active duty list or the permanent probationary or acting status of the officer so appointed prejudice the officer in regard to other promotions or appointments or abridge the rights or benefits of the officer ‘‘ d BOARD RECOMMENDATION REQUIRED —A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary for the purpose of recommending officers for such promotions ‘‘ e ACCEPTANCE AND EFFECTIVE DATE OF APPOINTMENT —Each appointment under this section unless expressly declined is without formal acceptance regarded as accepted on the date such appointment is made and a member so appointed is entitled to the pay and allowances of the grade of the temporary promotion under this section beginning on the date the appointment is made ‘‘ f TERMINATION OF APPOINTMENT —Unless sooner terminated an appointment under this section terminates— ‘‘ 1 on the date the officer who received the appointment is promoted to the permanent grade of lieutenant lieutenant commander commander or captain ‘‘ 2 on the date the officer is detached from a position described in subsection b 2 unless the officer is on a promotion list to the permanent grade of lieutenant lieutenant commander commander or captain in which case the appointment terminates on the date the officer is promoted to that grade ‘‘ 3 when the appointment officer determines that the officer who received the appointment has engaged in misconduct or has displayed substandard performance or ‘‘ 4 when otherwise determined by the Commandant to be in the best interests of the Coast Guard ‘‘ g LIMITATION ON NUMBER OF ELIGIBLE POSITIONS —An appointment under this section may only be made for service in a position designated by the Secretary for the purposes of this section The number of positions so designated may not exceed the following percentages of the respective grades ‘‘ 1 As lieutenant 0 5 percent ‘‘ 2 As lieutenant commander 3 0 percent H R 6395—1258 ‘‘ 3 As commander 2 6 percent ‘‘ 4 As captain 2 6 percent ’’ b CLERICAL AMENDMENT —The analysis for subchapter I of chapter 21 of title 14 United States Code is amended by adding at the end the following ‘‘2130 Promotion to certain grades for officers with critical skills captain commander lieutenant commander lieutenant ’’ SEC 8204 CAREER INTERMISSION PROGRAM a IN GENERAL —Subchapter I of chapter 25 of title 14 United States Code is amended by adding at the end the following ‘‘§ 2514 Career flexibility to enhance retention of members ‘‘ a PROGRAMS AUTHORIZED —The Commandant may carry out a program under which members of the Coast Guard may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty ‘‘ b PERIOD OF INACTIVATION FROM ACTIVE DUTY EFFECT OF INACTIVATION — ‘‘ 1 IN GENERAL —The period of inactivation from active duty under a program under this section of a member participating in the program shall be such period as the Commandant shall specify in the agreement of the member under subsection c except that such period may not exceed 3 years ‘‘ 2 EXCLUSION FROM YEARS OF SERVICE —Any service by a Reserve officer while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706 a of title 10 ‘‘ 3 EXCLUSION FROM RETIREMENT —Any period of participation of a member in a program under this section shall not count toward— ‘‘ A eligibility for retirement or transfer to the Ready Reserve under either chapter 841 or 1223 of title 10 or ‘‘ B computation of retired or retainer pay under chapter 71 or 1223 of title 10 ‘‘ c AGREEMENT —Each member of the Coast Guard who participates in a program under this section shall enter into a written agreement with the Commandant under which that member shall agree as follows ‘‘ 1 To accept an appointment or enlist as applicable and serve in the Coast Guard Ready Reserve during the period of the inactivation of the member from active duty under the program ‘‘ 2 To undergo during the period of the inactivation of the member from active duty under the program such inactive service training as the Commandant shall require in order to ensure that the member retains proficiency at a level determined by the Commandant to be sufficient in the military skills professional qualifications and physical readiness of the member during the inactivation of the member from active duty ‘‘ 3 Following completion of the period of the inactivation of the member from active duty under the program to serve 2 months as a member of the Coast Guard on active duty H R 6395—1259 for each month of the period of the inactivation of the member from active duty under the program ‘‘ d CONDITIONS OF RELEASE —The Commandant shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection c At a minimum the Commandant shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph 2 of such subsection while the member is released from active duty ‘‘ e ORDER TO ACTIVE DUTY —Under regulations prescribed by the Commandant a member of the Coast Guard participating in a program under this section may in the discretion of the Commandant be required to terminate participation in the program and be ordered to active duty ‘‘ f PAY AND ALLOWANCES — ‘‘ 1 BASIC PAY —During each month of participation in a program under this section a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active duty in the grade and years of service of the member when the member commences participation in the program ‘‘ 2 SPECIAL OR INCENTIVE PAY OR BONUS — ‘‘ A PROHIBITION —A member who participates in such a program shall not while participating in the program be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program ‘‘ B NOT TREATED AS FAILURE TO PERFORM SERVICES — The inactivation from active duty of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program ‘‘ 3 RETURN TO ACTIVE DUTY — ‘‘ A SPECIAL OR INCENTIVE PAY OR BONUS —Subject to subparagraph B upon the return of a member to active duty after completion by the member of participation in a program— ‘‘ i any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program and ‘‘ ii any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause i ‘‘ B LIMITATION — H R 6395—1260 ‘‘ i IN GENERAL —Subparagraph A shall not apply to any special or incentive pay or bonus otherwise covered by such subparagraph with respect to a member if at the time of the return of the member to active duty as described in that subparagraph— ‘‘ I such pay or bonus is no longer authorized by law or ‘‘ II the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active duty ‘‘ ii PAY OR BONUS CEASES BEING AUTHORIZED — Subparagraph A shall cease to apply to any special or incentive pay or bonus otherwise covered by such subparagraph with respect to a member if during the term of the revived agreement of the member under subparagraph A i such pay or bonus ceases being authorized by law ‘‘ C REPAYMENT —A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph B i II shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37 ‘‘ D REQUIRED SERVICE IS ADDITIONAL —Any service required of a member under an agreement covered by this paragraph after the member returns to active duty as described in subparagraph A shall be in addition to any service required of the member under an agreement under subsection c ‘‘ 4 TRAVEL AND TRANSPORTATION ALLOWANCE — ‘‘ A IN GENERAL —Subject to subparagraph B a member who participates in a program is entitled while participating in the program to the travel and transportation allowances authorized by section 474 of title 37 for— ‘‘ i travel performed from the residence of the member at the time of release from active duty to participate in the program to the location in the United States designated by the member as the member’s residence during the period of participation in the program and ‘‘ ii travel performed to the residence of the member upon return to active duty at the end of the participation of the member in the program ‘‘ B SINGLE RESIDENCE —An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence ‘‘ 5 LEAVE BALANCE —A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of title 10 but not to exceed 60 days ‘‘ g PROMOTION — ‘‘ 1 OFFICERS — ‘‘ A IN GENERAL —An officer participating in a program under this section shall not while participating in H R 6395—1261 the program be eligible for consideration for promotion under chapter 21 or 37 of this title ‘‘ B RETURN TO DUTY —Upon the return of an officer to active duty after completion by the officer of participation in a program— ‘‘ i the Commandant may adjust the date of rank of the officer in such manner as the Commandant may prescribe in regulations for purposes of this section and ‘‘ ii the officer shall be eligible for consideration for promotion when officers of the same grade and seniority are eligible for consideration for promotion ‘‘ 2 ENLISTED MEMBERS —An enlisted member participating in a program under this section shall not be eligible for consideration for advancement during the period that— ‘‘ A begins on the date of the inactivation of the member from active duty under the program and ‘‘ B ends at such time after the return of the member to active duty under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Commandant shall prescribe in regulations for purposes of the program ‘‘ h CONTINUED ENTITLEMENTS —A member participating in a program under this section shall while participating in the program be treated as a member of the Armed Forces on active duty for a period of more than 30 days for purposes of— ‘‘ 1 the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of title 10 and ‘‘ 2 retirement or separation for physical disability under the provisions of chapter 61 of title 10 and chapters 21 and 23 of this title ’’ b CLERICAL AMENDMENT —The analysis for subchapter I of chapter 25 of title 14 United States Code is amended by adding at the end the following ‘‘2514 Career flexibility to enhance retention of members ’’ SEC 8205 DIRECT COMMISSIONING AUTHORITY FOR INDIVIDUALS WITH CRITICAL SKILLS a IN GENERAL —Subchapter II of chapter 37 of title 14 United States Code is amended by inserting after section 3738 the following ‘‘§ 3738a Direct commissioning authority for individuals with critical skills ‘‘An individual with critical skills that the Commandant considers necessary for the Coast Guard to complete its missions who is not currently serving as an officer in the Coast Guard may be commissioned into the Coast Guard at a grade up to and including commander ’’ b CLERICAL AMENDMENT —The analysis for subchapter II of chapter 37 of title 14 United States Code is amended by inserting after the item relating to section 3738 the following ‘‘3738a Direct commissioning authority for individuals with critical skills ’’ c TECHNICAL AMENDMENT —The heading for the first chapter of subtitle III of title 14 United States Code is amended by striking ‘‘CHAPTER 1’’ and inserting ‘‘CHAPTER 37’’ H R 6395—1262 SEC 8206 EMPLOYMENT ASSISTANCE a IN GENERAL —Subchapter I of chapter 27 of title 14 United States Code is amended by adding at the end the following ‘‘§ 2713 Employment assistance ‘‘ a IN GENERAL —In order to improve the accuracy and completeness of a certification or verification of job skills and experience required by section 1143 a 1 of title 10 the Secretary shall— ‘‘ 1 establish a database to record all training performed by members of the Coast Guard that may have application to employment in the civilian sector and ‘‘ 2 make unclassified information regarding such information available to States and other potential employers referred to in section 1143 c of title 10 so that States and other potential employers may allow military training to satisfy licensing or certification requirements to engage in a civilian profession ‘‘ b FORM OF CERTIFICATION OR VERIFICATION —The Secretary shall ensure that a certification or verification of job skills and experience required by section 1143 a 1 of title 10 is rendered in such a way that States and other potential employers can confirm the accuracy and authenticity of the certification or verification ‘‘ c REQUESTS BY STATES —A State may request that the Secretary confirm the accuracy and authenticity of a certification or verification of job skills and experience provided under section 1143 c of title 10 ’’ b CLERICAL AMENDMENT —The analysis for such subchapter is amended by adding at the end the following ‘‘2713 Employment assistance ’’ Subtitle B—Organization and Management Matters SEC 8211 CONGRESSIONAL AFFAIRS DIRECTOR a IN GENERAL —Chapter 3 of title 14 United States Code is amended by adding at the end the following ‘‘§ 321 Congressional affairs Director ‘‘The Commandant shall appoint a Director of Congressional Affairs from among officers of the Coast Guard who are in a grade above captain The Director of Congressional Affairs is separate and distinct from the Director of Governmental and Public Affairs for the Coast Guard and is the principal advisor to the Commandant on all congressional and legislative matters for the Coast Guard and may have such additional functions as the Commandant may direct ’’ b CLERICAL AMENDMENT —The analysis for chapter 3 of title 14 United States Code is amended by adding at the end the following ‘‘321 Congressional affairs Director ’’ SEC 8212 LIMITATIONS ON CLAIMS a ADMIRALTY CLAIMS —Section 937 a of title 14 United States Code is amended by striking ‘‘$100 000’’ and inserting ‘‘$425 000’’ H R 6395—1263 b CLAIMS FOR DAMAGE TO PROPERTY OF THE UNITED STATES — Section 938 of title 14 United States Code is amended by striking ‘‘$100 000’’ and inserting ‘‘$425 000’’ SEC 8213 RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY Section 219 of the Coast Guard and Maritime Transportation Act of 2012 Public Law 112–213 10 U S C 1293 note is amended— 1 in the matter preceding paragraph 1 by striking ‘‘For fiscal years 2013 through 2018’’ and inserting ‘‘For fiscal years 2019 through 2025’’ and 2 in paragraph 1 by striking ‘‘subsection c 2 A ’’ and inserting ‘‘subsection c 1 ’’ SEC 8214 MAJOR ACQUISITIONS OPERATION AND SUSTAINMENT COSTS Section 5103 e 3 of title 14 United States Code is amended— 1 by redesignating subparagraphs B and C as subparagraphs C and D respectively and 2 by inserting after subparagraph A the following ‘‘ B operate and sustain the cutters and aircraft described in paragraph 2 ’’ SEC 8215 SUPPORT OF WOMEN SERVING IN THE COAST GUARD a ACTION PLAN — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Commandant shall— A determine which recommendations in the RAND gender diversity report can practicably be implemented to promote gender diversity in the Coast Guard and B submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate a report on the actions the Coast Guard has taken or plans to take to implement such recommendations 2 CURRICULUM AND TRAINING —The Commandant shall update curriculum and training materials used at— A officer accession points including the Coast Guard Academy and the Leadership Development Center B enlisted member accession at the United States Coast Guard Training Center Cape May in Cape May New Jersey and C the officer enlisted member and civilian leadership courses managed by the Leadership Development Center Such updates shall reflect actions the Coast Guard has taken or plans to take to carry out the recommendations of the RAND gender diversity report 3 DEFINITION —In this subsection the term ‘‘RAND gender diversity report’’ means the RAND Corporation’s Homeland Security Operational Analysis Center 2019 report entitled ‘‘Improving Gender Diversity in the U S Coast Guard Identifying Barriers to Female Retention’’ b ADVISORY BOARD ON WOMEN AT THE COAST GUARD ACADEMY —Chapter 19 of title 14 United States Code is amended— 1 by redesignating section 1904 as section 1906 2 by inserting after section 1903 the following H R 6395—1264 ‘‘§ 1904 Advisory Board on Women at the Coast Guard Academy ‘‘ a IN GENERAL —The Superintendent of the Academy shall establish at the Coast Guard Academy an advisory board to be known as the Advisory Board on Women at the Coast Guard Academy referred to in this section as the ‘Advisory Board’ ‘‘ b MEMBERSHIP —The Advisory Board shall be composed of not fewer than 12 current cadets of the Coast Guard Academy including not fewer than 3 cadets from each current class ‘‘ c APPOINTMENT TERM —Cadets shall serve on the Advisory Board pursuant to appointment by the Superintendent of the Academy Appointments shall be made not later than 60 days after the date of the swearing in of a new class of cadets at the Academy The term of membership of a cadet on the Advisory Board shall be 1 academic year ‘‘ d REAPPOINTMENT —The Superintendent of the Academy may reappoint not more than 6 cadets from the previous term to serve on the Advisory Board for an additional academic year if the Superintendent of the Academy determines such reappointment to be in the best interests of the Coast Guard Academy ‘‘ e MEETINGS —The Advisory Board shall meet with the Commandant at least once each academic year on the activities of the Advisory Board The Advisory Board shall meet in person with the Superintendent of the Academy not less than twice each academic year on the duties of the Advisory Board ‘‘ f DUTIES —The Advisory Board shall identify opportunities and challenges facing cadets at the Academy who are women including an assessment of culture leadership development and access to health care of cadets at the Academy who are women ‘‘ g WORKING GROUPS —The Advisory Board may establish one or more working groups to assist the Advisory Board in carrying out its duties including working groups composed in part of cadets at the Academy who are not current members of the Advisory Board ‘‘ h REPORTS AND BRIEFINGS —The Advisory Board shall regularly provide the Commandant and the Superintendent reports and briefings on the results of its duties including recommendations for actions to be taken in light of such results Such reports and briefings may be provided in writing in person or both ’’ and 3 by amending the analysis for such chapter— A by amending the item relating to section 1904 to read as follows ‘‘1904 Advisory Board on Women at the Coast Guard Academy ’’ and B by adding at the end the following ‘‘1906 Participation in Federal State or other educational research grants ’’ c ADVISORY BOARD ON WOMEN IN THE COAST GUARD —Chapter 25 of title 14 United States Code is amended— 1 by redesignating subchapter II as subchapter III 2 by inserting after subchapter I the following ‘‘SUBCHAPTER II—ADVISORY BOARD ON WOMEN IN THE COAST GUARD ‘‘§ 2521 Advisory Board on Women in the Coast Guard ‘‘ a IN GENERAL —The Commandant shall establish within the Coast Guard an Advisory Board on Women in the Coast Guard H R 6395—1265 ‘‘ b MEMBERSHIP —The Advisory Board established under subsection a shall be composed of such number of members as the Commandant considers appropriate selected by the Commandant through a public selection process from among applicants for membership on the Board The members of the Board shall to the extent practicable represent the diversity of the Coast Guard The members of the Committee shall include an equal number of each of the following ‘‘ 1 Active duty officers of the Coast Guard ‘‘ 2 Active duty enlisted members of the Coast Guard ‘‘ 3 Members of the Coast Guard Reserve ‘‘ 4 Retired members of the Coast Guard ‘‘ c DUTIES —The Advisory Board established under subsection a — ‘‘ 1 shall advise the Commandant on improvements to the recruitment retention wellbeing and success of women serving in the Coast Guard and attending the Coast Guard Academy including recommendations for the report on gender diversity in the Coast Guard required by section 5109 of chapter 51 of title 14 ‘‘ 2 may submit to the Commandant recommendations in connection with its duties under this subsection including recommendations to implement the advice described in paragraph 1 and ‘‘ 3 may brief Congress on its duties under this subsection including the advice described in paragraph 1 and any recommendations described in paragraph 2 ’’ and 3 by amending the analysis for such chapter by striking the items relating to subchapter II and inserting the following ‘‘SUBCHAPTER II—ADVISORY BOARD ON WOMEN ‘‘2521 Advisory Board on Women in the Coast Guard ‘‘SUBCHAPTER III—LIGHTHOUSE ‘‘2531 Personnel of former Lighthouse Service ’’ d RECURRING REPORT — 1 IN GENERAL —Chapter 51 of IN THE COAST GUARD SERVICE title 14 United States Code is amended by adding at the end the following ‘‘§ 5109 Report on gender diversity in the Coast Guard ‘‘ a IN GENERAL —Not later than January 15 2022 and biennially thereafter the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate a report on gender diversity in the Coast Guard ‘‘ b CONTENTS —The report required under subsection a shall contain the following ‘‘ 1 GENDER DIVERSITY OVERVIEW —An overview of Coast Guard active duty and reserve members including the number of officers and enlisted members and the percentages of men and women in each ‘‘ 2 RECRUITMENT AND RETENTION — ‘‘ A An analysis of the changes in the recruitment and retention of women over the previous 2 years ‘‘ B A discussion of any changes to Coast Guard recruitment and retention over the previous 2 years that were aimed at increasing the recruitment and retention of female members H R 6395—1266 ‘‘ 3 PARENTAL LEAVE — ‘‘ A The number of men and women who took parental leave during each year covered by the report including the average length of such leave periods ‘‘ B A discussion of the ways in which the Coast Guard worked to mitigate the impacts of parental leave on Coast Guard operations and on the careers of the members taking such leave ‘‘ 4 LIMITATIONS —An analysis of current gender-based limitations on Coast Guard career opportunities including discussion of— ‘‘ A shipboard opportunities ‘‘ B opportunities to serve at remote units and ‘‘ C any other limitations on the opportunities of female members ‘‘ 5 PROGRESS UPDATE —An update on the Coast Guard’s progress on the implementation of the action plan required under subsection a of section 8215 of the Elijah E Cummings Coast Guard Authorization Act of 2020 ’’ 2 CLERICAL AMENDMENT —The analysis for chapter 51 of title 14 United States Code is amended by adding at the end the following ‘‘5109 Report on gender diversity in the Coast Guard ’’ SEC 8216 DISPOSITION OF INFRASTRUCTURE RELATED TO E–LORAN Section 914 of title 14 United States Code is amended— 1 in subsection a — A by striking ‘‘date’’ and inserting ‘‘later of the date of the conveyance of the properties directed under section 533 a of the Coast Guard Authorization Act of 2016 Public Law 114–120 or the date’’ and B by striking ‘‘determination by the Secretary’’ and inserting ‘‘determination by the Secretary of Transportation under section 312 d of title 49’’ and 2 in subsection c by striking paragraph 2 and inserting the following ‘‘ 2 AVAILABILITY OF PROCEEDS —The proceeds of such sales less the costs of sale incurred by the General Services Administration shall be deposited into the Coast Guard Housing Fund for uses authorized under section 2946 of this title ’’ SEC 8217 POSITIONS OF IMPORTANCE AND RESPONSIBILITY Section 2103 c 3 of title 14 United States Code is amended by striking ‘‘rear admiral lower half ’’ and inserting ‘‘vice admiral’’ SEC 8218 RESEARCH PROJECTS TRANSACTIONS OTHER THAN CONTRACTS AND GRANTS a IN GENERAL —Chapter 7 of title 14 United States Code is amended by adding at the end the following ‘‘§ 719 Research projects transactions other than contracts and grants ‘‘ a ADDITIONAL FORMS OF TRANSACTIONS AUTHORIZED — ‘‘ 1 IN GENERAL —The Commandant may enter into— ‘‘ A transactions other than contracts cooperative agreements and grants in carrying out basic applied and advanced research projects and H R 6395—1267 ‘‘ B agreements with the Director of the Defense Advanced Research Projects Agency the Secretary of a military department or any other official designated by the Secretary of Defense under section 2371b of title 10 to participate in prototype projects and follow-on production contracts or transactions that are being carried out by such official and are directly relevant to the Coast Guard’s cyber capability and Command Control Communications Computers and intelligence initiatives ‘‘ 2 ADDITIONAL AUTHORITY —The authority under this subsection is in addition to the authority provided in section 717 to use contracts cooperative agreements and grants in carrying out such projects ‘‘ 3 FUNDING —In carrying out paragraph 1 B the Commandant may use funds made available to the extent provided in advance in appropriations Acts for— ‘‘ A operations and support ‘‘ B research development test and evaluation and ‘‘ C procurement construction and improvement ‘‘ b RECOVERY OF FUNDS — ‘‘ 1 IN GENERAL —Subject to subsection d a cooperative agreement for performance of basic applied or advanced research authorized by section 717 and a transaction authorized by subsection a may include a clause that requires a person or other entity to make payments to the Coast Guard or any other department or agency of the Federal Government as a condition for receiving support under the agreement or transaction respectively ‘‘ 2 AVAILABILITY OF FUNDS —The amount of any payment received by the Federal Government pursuant to a requirement imposed under paragraph 1 shall be deposited in the general fund of the Treasury Amounts so deposited shall be available for the purposes of carrying out this section to the extent provided in advance in appropriations Acts ‘‘ c CONDITIONS — ‘‘ 1 IN GENERAL —The Commandant shall ensure that to the extent that the Commandant determines practicable no cooperative agreement containing a clause described in subsection c 1 and no transaction entered into under subsection a provides for research that duplicates research being conducted under existing programs carried out by the Coast Guard ‘‘ 2 OTHER AGREEMENTS NOT FEASIBLE —A cooperative agreement containing a clause described in subsection c 1 or under a transaction authorized by subsection a may be used for a research project only if the use of a standard contract grant or cooperative agreement for such project is not feasible or appropriate ‘‘ d EDUCATION AND TRAINING —The Commandant shall— ‘‘ 1 ensure that management technical and contracting personnel of the Coast Guard involved in the award or administration of transactions under this section or other innovative forms of contracting are afforded opportunities for adequate education and training and ‘‘ 2 establish minimum levels and requirements for continuous and experiential learning for such personnel including levels and requirements for acquisition certification programs H R 6395—1268 ‘‘ e PROTECTION OF CERTAIN INFORMATION FROM DISCLO- SURE — ‘‘ 1 IN GENERAL —Disclosure of information described in paragraph 2 is not required and may not be compelled under section 552 of title 5 for 5 years after the date on which the information is received by the Coast Guard ‘‘ 2 LIMITATION — ‘‘ A IN GENERAL —Paragraph 1 applies to information described in subparagraph B that is in the records of the Coast Guard only if the information was submitted to the Coast Guard in a competitive or noncompetitive process having the potential for resulting in an award to the party submitting the information of a cooperative agreement for performance of basic applied or advanced research authorized by section 717 or another transaction authorized by subsection a ‘‘ B INFORMATION DESCRIBED —The information referred to in subparagraph A is the following ‘‘ i A proposal proposal abstract and supporting documents ‘‘ ii A business plan submitted on a confidential basis ‘‘ iii Technical information submitted on a confidential basis ‘‘ f REGULATIONS —The Commandant shall prescribe regulations as necessary to carry out this section ‘‘ g ANNUAL REPORT —On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31 the Commandant shall submit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Commerce Science and Transportation of the Senate a report describing each use of the authority provided under this section during the most recently completed fiscal year including details of each use consisting of— ‘‘ 1 the amount of each transaction ‘‘ 2 the entities or organizations involved ‘‘ 3 the product or service received ‘‘ 4 the research project for which the product or service was required and ‘‘ 5 the extent of the cost sharing among Federal Government and non-Federal sources ’’ b CLERICAL AMENDMENT —The analysis for chapter 7 of title 14 United States Code is amended by adding at the end the following ‘‘719 Research projects transactions other than contracts and grants ’’ SEC 8219 ACQUISITION WORKFORCE AUTHORITIES a IN GENERAL —Subchapter I of chapter 11 of title 14 United States Code is amended by adding at the end the following ‘‘§ 1111 Acquisition workforce authorities ‘‘ a EXPEDITED HIRING AUTHORITY — ‘‘ 1 IN GENERAL —For the purposes of section 3304 of title 5 the Commandant may— H R 6395—1269 ‘‘ A designate any category of acquisition positions within the Coast Guard as shortage category positions and ‘‘ B use the authorities in such section to recruit and appoint highly qualified persons directly to positions so designated ‘‘ 2 REPORTS —The Commandant shall include in reports under section 1102 information described in such section regarding positions designated under this subsection ‘‘ b REEMPLOYMENT AUTHORITY — ‘‘ 1 IN GENERAL —Except as provided in paragraph 2 if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in any category of acquisition positions designated by the Commandant under subsection a the annuity of the annuitant so employed shall continue The annuitant so reemployed shall not be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5 ‘‘ 2 A ELECTION —An annuitant retired under section 8336 d 1 or 8414 b 1 A of title 5 receiving an annuity from the Civil Service Retirement and Disability Fund who becomes employed in any category of acquisition positions designated by the Commandant under subsection a after the date of the enactment of the Elijah E Cummings Coast Guard Authorization Act of 2020 may elect to be subject to section 8344 or 8468 of such title as the case may be ‘‘ i DEADLINE —An election for coverage under this subsection shall be filed not later than 90 days after the Commandant takes reasonable actions to notify an employee who may file an election ‘‘ ii COVERAGE —If an employee files an election under this subsection coverage shall be effective beginning on the first day of the first applicable pay period beginning on or after the date of the filing of the election ‘‘ B APPLICATION —Paragraph 1 shall apply to an individual who is eligible to file an election under subparagraph A and does not file a timely election under clause i of such subparagraph ’’ b CLERICAL AMENDMENT —The analysis for subchapter I of chapter 11 of title 14 United States Code is amended by adding at the end the following ‘‘1111 Acquisition workforce authorities ’’ c REPEAL OF SUPERSEDED AUTHORITY —Section 404 of the Coast Guard Authorization Act of 2010 Public Law 111–281 is repealed SEC 8220 VESSEL CONVERSION PROJECTS ALTERATION AND REPAIR a IN GENERAL —Notwithstanding any provision of the Small Business Act 15 U S C 631 et seq and any regulation or policy implementing such Act the Commandant may use full and open competitive procedures as prescribed in section 2304 of title 10 United States Code to acquire maintenance and repair services for vessels with a homeport in Coast Guard District 17 b APPLICABILITY —Subsection a shall apply only if there are not at least 2 qualified small businesses located in Coast Guard H R 6395—1270 District 17 that are able and available to provide the services described in such subsection c LIMITATION —The full and open competitive procedures described in subsection a may only be used to acquire such services from a business located in Coast Guard District 17 that is able and available to provide such services SEC 8221 MODIFICATION OF ACQUISITION PROCESS AND PROCEDURES a EXTRAORDINARY RELIEF — 1 IN GENERAL —Subchapter III of chapter 11 of title 14 United States Code is amended by adding at the end the following ‘‘§ 1157 Extraordinary relief ‘‘ a IN GENERAL —With respect to any prime contracting entity receiving extraordinary relief pursuant to the Act entitled ‘An Act to authorize the making amendment and modification of contracts to facilitate the national defense’ approved August 28 1958 Public Law 85–804 50 U S C 1432 et seq for a major acquisition the Secretary shall not consider any further request by the prime contracting entity for extraordinary relief under such Act for such major acquisition ‘‘ b INAPPLICABILITY TO SUBCONTRACTORS —The limitation under subsection a shall not apply to subcontractors of a prime contracting entity ‘‘ c QUARTERLY REPORT —Not less frequently than quarterly during each fiscal year in which extraordinary relief is approved or provided to an entity under the Act referred to in subsection a for the acquisition of Offshore Patrol Cutters the Commandant shall provide to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes in detail such relief and the compliance of the entity with the oversight measures required as a condition of receiving such relief ’’ 3 ANALYSIS FOR CHAPTER 11 —The analysis for chapter 11 of title 14 United States Code is amended by inserting after the item relating to section 1156 the following ‘‘1157 Extraordinary relief ’’ b NOTICE TO CONGRESS TRACT —Section 1135 of title WITH RESPECT TO BREACH OF CON14 United States Code is amended by adding at the end the following ‘‘ d NOTICE TO CONGRESS WITH RESPECT TO BREACH OF CONTRACT —Not later than 48 hours after the Commandant becomes aware that a major acquisition contract cannot be carried out under the terms specified in the contract the Commandant shall provide a written notification to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that includes— ‘‘ 1 a description of the terms of the contract that cannot be met and ‘‘ 2 an assessment of whether the applicable contract officer has issued a cease and desist order to the contractor based on the breach of such terms of the contract ’’ H R 6395—1271 SEC 8222 ESTABLISHMENT AND PURPOSE OF FUND DEFINITION Section 1461 a of title 10 United States Code is amended by inserting ‘‘and the Coast Guard’’ after ‘‘liabilities of the Department of Defense’’ SEC 8223 PAYMENTS FROM FUND Section 1463 a of title 10 United States Code is amended— 1 in paragraph 1 by striking ‘‘and Marine Corps’’ and inserting ‘‘Marine Corps and Coast Guard’’ 2 in paragraph 2 by striking ‘‘ other than retired pay payable by the Secretary of Homeland Security ’’ and 3 in paragraph 4 by inserting ‘‘and the Department of Homeland Security that’’ after ‘‘Department of Defense’’ SEC 8224 DETERMINATION OF CONTRIBUTIONS TO FUND Section 1465 of title 10 United States Code is amended— 1 in subsection a — A by striking ‘‘ a NOT’’ and inserting the following ‘‘ a 1 Not’’ and B by adding at the end the following ‘‘ 2 Not later than October 1 2022 the Board of Actuaries shall determine the amount that is the present value as of September 30 2022 of future benefits payable from the Fund that are attributable to service in the Coast Guard performed before October 1 2022 That amount is the original Coast Guard unfunded liability of the Fund The Board shall determine the period of time over which the original Coast Guard unfunded liability should be liquidated and shall determine an amortization schedule for the liquidation of such liability over that period Contributions to the Fund for the liquidation of the original Coast Guard unfunded liability in accordance with such schedule shall be made as provided in section 1466 b of this title ’’ 2 in subsection b — A in paragraph 1 — i in the matter preceding subparagraph A — I by inserting ‘‘ in consultation with the Secretary of the department in which the Coast Guard is operating ’’ after ‘‘Secretary of Defense’’ and II by inserting ‘‘and Coast Guard’’ after ‘‘Department of Defense’’ ii in subparagraph A ii by striking ‘‘ other than the Coast Guard ’’ and inserting ‘‘members of the Armed Forces’’ and iii in subparagraph B ii by striking ‘‘ other than the Coast Guard ’’ B in paragraph 2 by inserting ‘‘the Coast Guard Retired Pay account and the’’ after ‘‘appropriated to’’ and C in paragraph 3 by inserting ‘‘and Coast Guard’’ after ‘‘Department of Defense’’ 3 in subsection c — A in paragraph 1 — i in the matter preceding subparagraph A by inserting ‘‘ in consultation with the Secretary of the department in which the Coast Guard is operating ’’ after ‘‘Secretary of Defense’’ H R 6395—1272 ii in subparagraph A by striking ‘‘ other than the Coast Guard ’’ and inserting ‘‘members of the Armed Forces’’ iii in subparagraph B by striking ‘‘ other than the Coast Guard ’’ B in paragraph 2 by inserting ‘‘ in consultation with the Secretary of the department in which the Coast Guard is operating ’’ after ‘‘Secretary of Defense’’ C in paragraph 3 by inserting ‘‘ in consultation with the Secretary of the department in which the Coast Guard is operating ’’ after ‘‘Secretary of Defense’’ 4 in subsection e by striking ‘‘Secretary of Defense shall’’ and inserting ‘‘Secretary of Defense and with regard to the Coast Guard the Secretary of the department in which the Coast Guard is operating’’ SEC 8225 PAYMENTS INTO FUND Section 1466 of title 10 United States Code is amended— 1 in subsection a — A in the matter preceding paragraph 1 — i by striking ‘‘Secretary of Defense shall’’ and inserting ‘‘Secretary of Defense and the Secretary of the department in which the Coast Guard is operating with respect to the Coast guard shall’’ and ii by striking ‘‘each month as the Department of Defense contribution’’ and inserting ‘‘each month the respective pro rata share contribution of the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating’’ and B in paragraph 2 B by striking ‘‘ other than the Coast Guard ’’ and C by striking the flush language following paragraph 2 B and inserting the following new subsection ‘‘ b Amounts paid into the Fund under this subsection shall be paid from funds available for as appropriate— ‘‘ 1 the pay of members of the armed forces under the jurisdiction of the Secretary of a military department or ‘‘ 2 the Retired Pay appropriation for the Coast Guard ’’ 2 by redesignating subsections b and c as subsections c and d respectively and 3 in subsection c as so redesignated — A in paragraph 2 A by striking ‘‘liability of the Fund ’’ and inserting ‘‘liabilities of the Fund for the Department of Defense and the Coast Guard ’’ and B in paragraph 3 by inserting ‘‘and the Secretary of the Department in which the Coast Guard is operating’’ before ‘‘shall promptly’’ Subtitle C—Access to Child Care for Coast Guard Families SEC 8231 REPORT ON CHILD CARE AND SCHOOL-AGE CARE ASSISTANCE FOR QUALIFIED FAMILIES a IN GENERAL —Not later than 18 months after the date of the enactment of this Act the Comptroller General of the United States shall submit to the Committee on Commerce Science and H R 6395—1273 Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on child care and school-age care options available to qualified families b ELEMENTS —The report required by subsection a shall include the following 1 FINANCIAL ASSISTANCE — A An assessment of— i the subsidies and financial assistance for child care and school-age care made available by the Coast Guard to qualified families and ii the extent to which qualified families have taken advantage of such subsidies and assistance B The average number of days between— i the date on which an application for a subsidy or other financial assistance for child care or schoolage care is submitted by a qualified family and ii upon approval of an application the date on which such subsidy or assistance is received by the qualified family C Recommendations for streamlining the payment of such subsidies and financial assistance D The amount of funding allocated to such subsidies and financial assistance E The remaining costs for child care or school-age care to qualified families that are not covered by the Coast Guard F A description of barriers to access to such subsidies and financial assistance G The number of qualified families that do not receive any such subsidies or financial assistance 2 REGULATION OF CHILD CARE SERVICES — A An assessment of— i the regulations of States with respect to child care services such as staffing space and furnishings safety curriculum requirements and allowable care hours and ii the effect that differences in such regulations may have on access to child care for qualified families B An assessment of— i the regulations of the Coast Guard and the Department of Defense with respect to child development centers and other child care providers including school-age care providers and a comparison of such regulations with similar State regulations and ii the effect that such regulations may have on access to child care and school-age care for qualified families C The number of qualified families and children that do not have access to a Coast Guard child development center for child care 3 PARITY WITH DEPARTMENT OF DEFENSE —The differences between child care and school-age care services offered by the Coast Guard and child care and school-age care authorities of the Coast Guard and the Department of Defense relating to the following A Authorized uses of appropriated funds for child care and school-age care services H R 6395—1274 B Access to and total capacity of Coast Guard child development centers and Department of Defense child development centers C Child care and school-age care programs or policy D Coast Guard and Department of Defense programs to provide additional assistance to members and civilian employees with respect to child care and school-age care options E Respite care programs F Nonappropriated funds G Coast Guard family child care centers H Coast Guard and Department of Defense publicly available online resources for families seeking military child care and school-age care 4 FEASIBILITY —An analysis of the feasibility of the Commandant entering into agreements with private child care and school-age care service providers to provide child care and school-age care for qualified families 5 AVAILABILITY —An analysis of the availability of child care and school-age care for qualified families including accessibility after normal work hours proximity and total capacity 6 RECOMMENDATIONS —Recommendations— A to improve access to child care and school-age care for qualified families B to ensure parity between the Coast Guard and the Department of Defense with respect to child care and school-age care C to expand access to child care and school-age care for all qualified families including qualified families that have a child with special needs and D to ensure that regional child care and child development center needs at the unit sector or district level are identified assessed and reasonably evaluated by the Commandant for future infrastructure needs 7 OTHER MATTERS —A description or analysis of any other matter the Comptroller General considers relevant to the improvement of expanded access to child care and school-age care for qualified families SEC 8232 REVIEW OF FAMILY SUPPORT SERVICES WEBSITE AND ONLINE TRACKING SYSTEM a MEMORANDUM OF UNDERSTANDING — 1 IN GENERAL —The Commandant shall enter into a memorandum of understanding with the Secretary of Defense to enable qualified families to access the website at https militarychildcare com or a successor website for purposes of Coast Guard family access to information with respect to Stateaccredited child development centers and other child care support services as such services become available from the Department of Defense through such website The memorandum shall provide for the expansion of the geographical areas covered by such website including regions in which qualified families live that are not yet covered by the program 2 INCLUSION OF CHILD DEVELOPMENT CENTERS ACCESSIBLE UNDER PILOT PROGRAM —The information accessible pursuant to the memorandum of understanding required by paragraph H R 6395—1275 1 shall include information with respect to any child development center accessible pursuant to the pilot program under section 8234 3 ELECTRONIC REGISTRATION PAYMENT AND TRACKING SYSTEM —Not later than 1 year after the date of the enactment of this Act the Commandant shall develop and maintain an internet website of the Coast Guard accessible to qualified families to carry out the following activities A Register children for a Coast Guard child development center B Make online child care payments to a Coast Guard child development center C Track the status of a child on the wait list of a Coast Guard child development center including the placement and position of the child on the wait list b WAIT LIST — 1 IN GENERAL —The Commandant shall maintain a record of the wait list for each Coast Guard child development center 2 MATTERS TO BE INCLUDED —Each record under paragraph 1 shall include the following A The total number of children of qualified families on the wait list B With respect to each child on the wait list— i the age of the child ii the number of days the child has been on the wait list iii the position of the child on the wait list iv any special needs consideration and v information on whether a sibling of the child is on the wait list of or currently enrolled in the Coast Guard child development center concerned 3 REQUIREMENT TO ARCHIVE —Information placed in the record of a Coast Guard child development center under paragraph 1 shall be archived for a period of not less than 10 years after the date of its placement in the record SEC 8233 STUDY AND SURVEY ON COAST GUARD CHILD CARE NEEDS a STUDY — 1 IN GENERAL —Not later than 1 year after the date of the enactment of this Act and for each of the 2 fiscal years thereafter the Commandant shall conduct a study on the child care needs of qualified families that incorporates— A the results of the survey under subsection b and B any other information the Commandant considers appropriate to ensure adequate tracking and future needsbased assessments with respect to adequate access to Coast Guard child development centers 2 CONSULTATION —In conducting a study under paragraph 1 the Commandant may consult a federally funded research and development center 3 SCOPE OF DATA —The data obtained through each study under paragraph 1 shall be obtained on a regional basis including by Coast Guard unit sector and district b SURVEY — H R 6395—1276 1 IN GENERAL —Together with each study under subsection a and annually as the Commandant considers appropriate the Commandant shall carry out a survey of individuals described in paragraph 2 on access to Coast Guard child development centers 2 PARTICIPANTS — A IN GENERAL —The Commandant shall seek the participation in the survey of the following Coast Guard individuals i Commanding officers regardless of whether the commanding officers have children ii Regular and reserve personnel iii Spouses of individuals described in clauses i and ii B SCOPE OF PARTICIPATION —Individuals described in clauses i through iii of subparagraph A shall be surveyed regardless of whether such individuals use or have access to Coast Guard child development centers or other Federal child care facilities C VOLUNTARY PARTICIPATION —Participation of any individual described in subparagraph A in a survey shall be on a voluntary basis c AVAILABILITY —On request the Commandant shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the results of any study or survey under this section SEC 8234 PILOT PROGRAM TO EXPAND ACCESS TO CHILD CARE a IN GENERAL —Commencing not later than 60 days after the date on which the report under section 8231 is submitted the Commandant shall carry out a pilot program based on the recommendations provided in such report to expand access to public or private child development centers for qualified families b DURATION —The duration of the pilot program under subsection a shall be not more than 3 years beginning on the date on which the pilot program is established c DISCHARGE ON DISTRICT BASIS —The Commandant— 1 may carry out the pilot program on a district basis and 2 shall include in the pilot program remote and urban locations d RESERVATION OF CHILD CARE SLOTS —As part of the pilot program the Commandant shall seek to enter into one or more memoranda of understanding with one or more child development centers to reserve slots for qualified families in locations in which— 1 the Coast Guard lacks a Coast Guard child development center or 2 the wait lists for the nearest Coast Guard child development center or Department of Defense child development center where applicable indicate that qualified families may not be accommodated e ANNUAL ASSESSMENT OF RESULTS —As part of any study conducted pursuant to section 8233 a after the end of the 1-year period beginning with the commencement of the pilot program the Commandant shall also undertake a current assessment of the impact of the pilot program on access to child development H R 6395—1277 centers for qualified families The Commandant shall include the results of any such assessment in the results of the most current study or survey submitted pursuant to section 8233 a SEC 8235 IMPROVEMENTS HOUSING TO COAST GUARD-OWNED FAMILY Section 2922 b of title 14 United States Code is amended by adding at the end the following ‘‘ 4 To the maximum extent practicable the Commandant shall ensure that in a location in which Coast Guard family child care centers as such term is defined in section 8239 of the Elijah E Cummings Coast Guard Authorization Act of 2020 are necessary to meet the demand for child care for qualified families as such term is defined in such section not fewer than two housing units are maintained in accordance with safety inspection standards so as to accommodate family child care providers ’’ SEC 8236 BRIEFING ON TRANSFER OF FAMILY CHILD CARE PROVIDER QUALIFICATIONS AND CERTIFICATIONS a IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Commandant shall brief the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the feasibility of developing a policy to allow the transfer of a Coast Guard-mandated family child care provider qualification or certification between Coast Guard-owned housing units if as determined by the Commandant— 1 the qualification or certification is not expired 2 the transfer of the qualification or certification would not pose a danger to any child in the care of the family child care provider and 3 the transfer would expedite the ability of the family child care provider to establish administer and provide family home daycare in a Coast Guard-owned housing unit b BRIEFING ELEMENT —The briefing required by subsection a shall include analysis of options for transferring a Coast Guardmandated family child care provider qualification or certification as described in that subsection and of any legal challenges associated with such transfer c RULE OF CONSTRUCTION —The policy under subsection a shall not be construed to supersede any other applicable Federal State or local law including regulations relating to the provision of child care services SEC 8237 INSPECTIONS OF COAST GUARD CHILD DEVELOPMENT CENTERS AND FAMILY CHILD CARE PROVIDERS a INSPECTIONS —Section 2923 of title 14 United States Code is amended by striking subsection b and inserting the following ‘‘ b INSPECTIONS — ‘‘ 1 IN GENERAL —Not less than twice annually the Commandant shall ensure that each Coast Guard child development center is subject to an unannounced inspection ‘‘ 2 RESPONSIBILITY FOR INSPECTIONS —Of the biannual inspections under paragraph 1 — ‘‘ A 1 shall be carried out by a representative of the Coast Guard installation served by the Coast Guard child development center concerned and H R 6395—1278 ‘‘ B 1 shall be carried out by a representative of the Coast Guard child development services work-life programs ’’ b FAMILY CHILD CARE PROVIDERS — 1 IN GENERAL —Chapter 29 of title 14 United States Code is amended by adding at the end the following ‘‘§ 2926 Family child care providers ‘‘ a IN GENERAL —Not less frequently than quarterly the Commandant shall ensure that each family child care provider is subject to inspection ‘‘ b RESPONSIBILITY FOR INSPECTIONS —Of the quarterly inspections under subsection a each year— ‘‘ 1 3 inspections shall be carried out by a representative of the Coast Guard installation served by the family child care provider concerned and ‘‘ 2 1 inspection shall be carried out by a representative of the Coast Guard child development services work-life programs ’’ 2 CLERICAL AMENDMENT —The analysis for chapter 29 of title 14 United States Code is amended by adding at the end the following ‘‘2926 Family child care providers ’’ SEC 8238 EXPANDING OPPORTUNITIES FOR FAMILY CHILD CARE Not later than 1 year after the date of the enactment of this Act the Commandant shall— 1 establish a procedure to allow Coast Guard family child care centers to occur at off-base housing including off-base housing owned or subsidized by the Coast Guard and 2 establish a procedure to ensure that all requirements with respect to such family child care programs are met including home inspections SEC 8239 DEFINITIONS In this subtitle 1 COAST GUARD CHILD DEVELOPMENT CENTER —The term ‘‘Coast Guard child development center’’ has the meaning given that term in section 2921 3 of title 14 United States Code 2 COAST GUARD FAMILY CHILD CARE CENTER —The term ‘‘Coast Guard family child care center’’ means a location at which family home daycare is provided 3 FAMILY CHILD CARE PROVIDER —The term ‘‘family child care provider’’ means an individual who provides family home daycare 4 FAMILY HOME DAYCARE —The term ‘‘family home daycare’’ has the meaning given that term in section 2921 5 of title 14 United States Code 5 QUALIFIED FAMILY —The term ‘‘qualified family’’ means any regular reserve or retired member of the Coast Guard and any civilian employee of the Coast Guard with one or more dependents H R 6395—1279 Subtitle D—Reports SEC 8240 MODIFICATIONS OF CERTAIN REPORTING REQUIREMENTS a ESPECIALLY HAZARDOUS CARGO —Subsection e of section 70103 of title 46 United States Code is amended to read as follows ‘‘ e ESPECIALLY HAZARDOUS CARGO — ‘‘ 1 ENFORCEMENT OF SECURITY ZONES —Consistent with other provisions of Federal law the Coast Guard shall coordinate and be responsible for the enforcement of any Federal security zone established by the Coast Guard around a vessel containing especially hazardous cargo The Coast Guard shall allocate available resources so as to deter and respond to a transportation security incident to the maximum extent practicable and to protect lives or protect property in danger ‘‘ 2 ESPECIALLY HAZARDOUS CARGO DEFINED —In this subsection the term ‘especially hazardous cargo’ means anhydrous ammonia ammonium nitrate chlorine liquefied natural gas liquefied petroleum gas and any other substance material or group or class of material in a particular amount and form that the Secretary determines by regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce ’’ b COMPLIANCE WITH SECURITY STANDARDS —Section 809 of the Coast Guard and Maritime Transportation Act of 2004 Public Law 108–293 46 U S C 70101 note is amended by striking subsections g and i c MARINE SAFETY LONG-TERM STRATEGY —Section 2116 of title 46 United States Code is amended— 1 in subsection a by striking ‘‘The strategy shall include the issuance of a triennial plan’’ and inserting ‘‘The 5-year strategy shall include the issuance of a plan’’ 2 in subsection b — A in the subsection heading by striking ‘‘CONTENTS OF STRATEGY AND TRIENNIAL PLANS’’ and inserting ‘‘5– YEAR STRATEGY AND PLAN’’ B in paragraph 1 in the matter preceding subparagraph A by striking ‘‘strategy and triennial plans’’ and inserting ‘‘5-year strategy and plan’’ and C in paragraph 2 — i in the matter preceding subparagraph A by striking ‘‘strategy and triennial plans’’ and inserting ‘‘5-year strategy and plan’’ and ii in subparagraph A by striking ‘‘plans’’ and inserting ‘‘plan’’ 3 in subsection c — A by striking ‘‘Beginning with fiscal year 2020 and triennially thereafter the Secretary’’ and inserting ‘‘Not later than 5 years after the date of the enactment of the Elijah E Cummings Coast Guard Authorization Act of 2020 and every 5 years thereafter the Secretary’’ and B by striking ‘‘triennial’’ and 4 in subsection d — A in paragraph 1 by striking ‘‘No less frequently than semiannually’’ and inserting ‘‘In conjunction with the submission of the 5-year strategy and plan’’ and H R 6395—1280 B in paragraph 2 — i in the heading by striking ‘‘REPORT TO CONGRESS’’ and inserting ‘‘PERIODIC BRIEFINGS’’ ii in the matter preceding subparagraph A by striking ‘‘report triennially’’ and all that follows through ‘‘the Senate’’ and inserting ‘‘periodically brief the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives’’ iii in subparagraph A — I by striking ‘‘annual’’ and II by striking ‘‘for the year covered by the report’’ and inserting ‘‘for the period covered by the briefing’’ and iv in subparagraph B ii by striking ‘‘plans’’ and inserting ‘‘plan’’ d ABANDONED SEAFARERS FUND —Section 11113 a of title 46 United States Code is amended— 1 in paragraph 4 by striking ‘‘On the date’’ and inserting ‘‘Except as provided in paragraph 5 on the date’’ and 2 by adding at the end the following ‘‘ 5 NO REPORT REQUIRED —A report under paragraph 4 shall not be required if there were no expenditures from the Fund in the preceding fiscal year The Commandant shall notify Congress in the event a report is not required under paragraph 4 by reason of this paragraph ’’ e MAJOR ACQUISITION PROGRAM RISK ASSESSMENT —Section 5107 of title 14 United States Code is amended— 1 in subsection a by striking ‘‘April 15 and October 15’’ and inserting ‘‘October 15’’ and 2 in subsection b — A in paragraph 2 by striking ‘‘the 2 fiscal-year quarters preceding such assessment’’ and inserting ‘‘the previous fiscal year’’ B in paragraph 3 by striking ‘‘such 2 fiscal-year quarters’’ and inserting ‘‘such fiscal year’’ C in paragraph 4 by striking ‘‘such 2 fiscal-year quarters’’ and inserting ‘‘such fiscal year’’ and D in paragraph 5 by striking ‘‘such 2 fiscal-year quarters’’ and inserting ‘‘such fiscal year’’ SEC 8241 REPORT ON CYBERSECURITY WORKFORCE a IN GENERAL —Not later than 1 year after the date of the enactment of this Act the Commandant shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on how the Coast Guard plans to establish a workforce with the cybersecurity expertise to provide prevention assessments and response capacity to Operational Technology and Industrial Control Systems in national port and maritime environments b CONTENTS —The report under subsection a shall include the following 1 A description of the number and skills of active duty and reserve Coast Guard members expected for initial operating H R 6395—1281 capacity and full operating capacity of the workforce described in subsection a 2 A description of the career development path for officers and enlisted members participating in the workforce 3 A determination of how the workforce will fulfill the cybersecurity needs of the Area Maritime Security Council and United States port environments 4 A determination of how the workforce will integrate with the Hunt and Incident Response and Assessment Teams of the Cyber and Infrastructure Security Agency of the Department of Homeland Security 5 An assessment of successful models used by other Armed Forces including the National Guard to recruit maintain and utilize a cyber workforce including the use of Reserve personnel for that purpose SEC 8242 REPORT ON NAVIGATION AND BRIDGE RESOURCE MANAGEMENT a IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Commandant shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the training and qualification processes of the Coast Guard for deck watch officers with a specific focus on basic navigation bridge resource management crew rest and qualification processes b CONTENTS —The report under subsection a shall include the following 1 Recommendations for improving prearrival training if necessary and an assessment of how commercial industry best practices on prearrival training can be incorporated into military at sea watchkeeping 2 A detailed description of the deck watch officer assessment process of the Coast Guard 3 A list of programs that have been approved for credit toward merchant mariner credentials 4 A complete analysis of the gap between the existing curriculum for deck watch officer training and the Standards of Training Certification and Watchkeeping for officer in charge of a navigational watch at the operational level Chief level and Master level 5 A complete analysis of the gap between the existing training curriculum for deck watch officers and the licensing requirement for 3rd mate unlimited Chief and Master 6 An assessment of deck watch officer options to complete the 3rd mate unlimited license and the qualification under the Standards of Training Certification and Watchkeeping for officer in charge of a navigational watch 7 An assessment of senior deck watch officer options to complete the Chief Mate and Master unlimited license and the qualification under the Standards of Training Certification and Watchkeeping for Chief Mate and Master H R 6395—1282 SEC 8243 REPORT ON HELICOPTER LIFE-CYCLE SUPPORT AND RECAPITALIZATION Not later than 180 days after the date of the enactment of this Act the Commandant shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— 1 includes an updated fleet life-cycle analysis and service life extension plan that includes dynamic components and which clearly demonstrates the mission viability of the MH– 65 through anticipated fleet recapitalization 2 includes a realistic sustainment budget necessary to achieve the operational availability rates necessary to meet MH–65 mission requirements through fleet recapitalization 3 includes an update on the status of the Coast Guard MH–65 helicopter recapitalization and 4 includes a description of any alternative available and cost-effective Government and civil systems or updates that the Coast Guard is considering for MH–65 operational missions including Coast Guard cutter deployability requirements in the event of delays to the future vertical lift program of the Coast Guard SEC 8244 REPORT ON COAST GUARD RESPONSE CAPABILITIES FOR CYBER INCIDENTS ON VESSELS ENTERING PORTS OR WATERS OF THE UNITED STATES a IN GENERAL —Not later than 1 year after the date of the enactment of this Act the Commandant shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the response capabilities of the Coast Guard with respect to cyber incidents on vessels entering ports or waters of the United States b REVIEW —The report under subsection a shall include a review of each of the following 1 The number and type of commercial vessels of the United States subject to regulations under part 104 of title 33 Code of Federal Regulations or any corresponding similar regulation or ruling 2 Policies and guidance issued by the Commandant in accordance with guidelines on cyber risk management of the International Maritime Organization to vessels of the United States 3 Measures to be taken by owners or operators of commercial vessels of the United States to increase cybersecurity posture on such vessels 4 Responses of the Commandant to cyber incidents on vessels described in paragraph 1 prior to the date of the enactment of this Act 5 Response protocols followed by personnel of the Coast Guard to a cyber incident on any vessel described in paragraph 1 experienced while that vessel is traveling to ports or waters of the United States 6 Oversight by the Commandant of— A vessel-to-facility interface as defined in section 101 105 of title 33 Code of Federal Regulations or any corresponding similar regulation or ruling and H R 6395—1283 B actions taken by the Coast Guard in coordination with vessel and facility owners and operators to protect commercial vessels and port facility infrastructure from cyber attacks and proliferation 7 Requirements of the Commandant for the reporting of cyber incidents that occur on the vessels described in paragraph 1 c RECOMMENDATIONS AND APPROPRIATIONS —The Commandant shall include in the report under subsection a — 1 recommendations— A to improve cyber incident response and B for policies to address gaps identified by the review under subsection b and 2 a description of authorities and appropriations necessary to improve the preparedness of the Coast Guard for cyber incidents on vessels entering ports or waters of the United States and the ability of the Coast Guard to prevent and respond to such incidents d FORM —The report required under subsection a shall be submitted in unclassified form but may contain a classified annex e VESSEL OF THE UNITED STATES DEFINED —In this section the term ‘‘vessel of the United States’’ has the meaning given such term in section 116 of title 46 United States Code SEC 8245 STUDY AND REPORT ON COAST GUARD INTERDICTION OF ILLICIT DRUGS IN TRANSIT ZONES a FINDINGS —Congress makes the following findings 1 The Coast Guard seizes an average of 1 221 pounds of cocaine and 85 pounds of marijuana each day in the transit zones of the Eastern Pacific Ocean Caribbean Sea and Southern maritime border approaches 2 The Joint Interagency Task Force–South JIATF–South estimates that it has a spectrum of actionable intelligence on more than 80 percent of drug movements into the United States from Central America and South America 3 The Coast Guard must balance asset allocation across 11 statutory missions As such the Coast Guard interdicts less than 10 percent of maritime noncommercial smuggling of illicit drugs into the United States from Central America and South America 4 In 2017 the Government Accountability Office recommended that the Commandant of the Coast Guard— A develop new performance goals relating to the interdiction of illicit drugs smuggled into the United States or describe the manner in which existing goals are sufficient B report such goals to the public C assess the extent to which limitations in performance data with respect to such goals are documented D document measurable corrective actions and implementation timeframes with respect to such goals and E document efforts to monitor implementation of such corrective actions b STUDY —The Secretary of the Department in which the Coast Guard is operating in coordination with the Secretary of Defense and the heads of other relevant Federal agencies shall conduct a study in order to identify gaps in resources that contribute H R 6395—1284 to low interdiction rates for maritime noncommercial smuggling of illicit drugs into the United States from Central America and South America despite having actionable intelligence on more than 80 percent of drug movements in the transit zones of the Eastern Pacific Ocean Caribbean Sea and Southern maritime border approaches c REPORT —Not later than 1 year after the date of the enactment of this Act the Secretary of the Department in which the Coast Guard is operating shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study under subsection b Such report shall include— 1 a statement of the Coast Guard mission requirements for drug interdiction in the Caribbean basin 2 the number of maritime surveillance hours and Coast Guard assets used in each of fiscal years 2017 through 2019 to counter the illicit trafficking of drugs and other related threats throughout the Caribbean basin and 3 a determination of whether such hours and assets satisfied the Coast Guard mission requirements for drug interdiction in the Caribbean basin d FORM —The report required under subsection a shall be submitted in unclassified form but may contain a classified annex SEC 8246 REPORT ON LIABILITY LIMITS SET IN SECTION 1004 OF THE OIL POLLUTION ACT OF 1990 Not later than 180 days after the date of the enactment of this Act the Commandant shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report setting forth the following 1 Each liability limit set under section 1004 of the Oil Pollution Act of 1990 33 U S C 2704 including the statutory or regulatory authority establishing such limit 2 If the Commandant determines that any liability limit listed in such section should be modified— A a description of the modification B a justification for such modification and C a recommendation for legislative or regulatory action to achieve such modification SEC 8247 REPORT ON COAST GUARD RESOURCES ALLOCATION DEFENSE READINESS a REPORT REQUIRED —Not later than 180 days after the date of the enactment of this Act the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate a report on the allocation of resources by the Coast Guard to support its defense readiness mission b CONTENTS —The report required by subsection a shall include the following elements 1 Funding levels allocated by the Coast Guard to support defense readiness missions for each of the past 10 fiscal years 2 Funding levels transferred or otherwise provided by the Department of Defense to the Coast Guard in support H R 6395—1285 of the Coast Guard’s defense readiness missions for each of the past 10 fiscal years 3 The number of Coast Guard detachments assigned in support of the Coast Guard’s defense readiness mission for each of the past 10 fiscal years c ASSESSMENT —In addition to the elements detailed in subsection b the report shall include an assessment of the impacts on the Coast Guard’s non-defense mission readiness and operational capabilities due to the annual levels of reimbursement provided by the Department of Defense to compensate the Coast Guard for its expenses to fulfill its defense readiness mission SEC 8248 REPORT ON THE FEASIBILITY OF LIQUEFIED NATURAL GAS FUELED VESSELS Not later than 1 year after the date of the enactment of this Act the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate a report on the following 1 The feasibility safety and cost effectiveness of using liquefied natural gas to fuel new Coast Guard vessels 2 The feasibility safety and cost effectiveness of converting existing vessels to run on liquefied natural gas fuels 3 The operational feasibility of using liquefied natural gas to fuel Coast Guard vessels SEC 8249 COAST GUARD AUTHORITIES STUDY a IN GENERAL —The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Sciences not later than 60 days after the date of the enactment of this Act under which the Academy shall prepare an assessment of Coast Guard authorities b ASSESSMENT —The assessment under subsection a shall provide— 1 an examination of emerging issues that may require Coast Guard oversight regulation or action 2 a description of potential limitations and shortcomings of relying on current Coast Guard authorities to address emerging issues and 3 an overview of adjustments and additions that could be made to existing Coast Guard authorities to fully address emerging issues c REPORT TO THE CONGRESS —Not later than 1 year after entering into an arrangement with the Secretary under subsection a the National Academy of Sciences shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate the assessment under this section d EMERGING ISSUES —In this section the term ‘‘emerging issues’’ means changes in the maritime industry and environment that in the determination of the National Academy of Sciences are reasonably likely to occur within 10 years after the date of the enactment of this Act including— 1 the introduction of new technologies in the maritime domain 2 the advent of new processes or operational activities in the maritime domain and H R 6395—1286 3 changes in the use of navigable waterways e FORM —The assessment required under subsection a shall be submitted in unclassified form but may contain a classified annex SEC 8250 REPORT ON EFFECTS OF CLIMATE CHANGE ON COAST GUARD a IN GENERAL —Not later than 1 year after the date of the enactment of this Act the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate a report on vulnerabilities of Coast Guard installations and requirements resulting from climate change over the next 20 years b ELEMENTS —The report under subsection a shall include the following 1 A list of the 10 most vulnerable Coast Guard installations based on the effects of climate change including rising sea tides increased flooding drought desertification wildfires thawing permafrost or any other categories the Commandant determines necessary 2 An overview of— A mitigations that may be necessary to ensure the continued operational viability and to increase the resiliency of the identified vulnerable installations and B the cost of such mitigations 3 A discussion of the climate-change-related effects on the Coast Guard including— A the increase in the frequency of humanitarian assistance and disaster relief missions and B campaign plans contingency plans and operational posture of the Coast Guard 4 An overview of mitigations that may be necessary to ensure mission resiliency and the cost of such mitigations c FORM —The report required under subsection a shall be submitted in unclassified form but may contain a classified annex SEC 8251 SHORE INFRASTRUCTURE a IN GENERAL —Not later than 1 year after the date of the enactment of this Act the Commandant shall— 1 develop a plan to standardize Coast Guard facility condition assessments 2 establish shore infrastructure performance goals measures and baselines to track the effectiveness of maintenance and repair investments and provide feedback on progress made 3 develop a process to routinely align the Coast Guard shore infrastructure portfolio with mission needs including disposing of unneeded assets 4 establish guidance for planning boards to document inputs deliberations and project prioritization decisions for infrastructure maintenance projects 5 employ models for Coast Guard infrastructure asset lines for— A predicting the outcome of investments in shore infrastructure B analyzing tradeoffs and C optimizing decisions among competing investments H R 6395—1287 6 include supporting details about competing project alternatives and report tradeoffs in congressional budget requests and related reports and 7 explore the development of real property management expertise within the Coast Guard workforce including members of the Senior Executive Service b BRIEFING —Not later than December 31 2020 the Commandant shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate on the status of the actions required under subsection a SEC 8252 COAST GUARD HOUSING STATUS AND AUTHORITIES BRIEFING Not later than 180 days after the date of the enactment of this Act the Commandant shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate a briefing on Coast Guard housing including— 1 a description of the material condition of Coast Guard housing facilities 2 the amount of current Coast Guard housing construction and deferred maintenance backlogs 3 an overview of the manner in which the Coast Guard manages and maintains housing facilities 4 a discussion of whether reauthorizing housing authorities for the Coast Guard similar to those provided in section 208 of the Coast Guard Authorization Act of 1996 Public Law 104–324 and 5 recommendations regarding how the Congress could adjust those authorities to prevent mismanagement of Coast Guard housing facilities SEC 8253 PHYSICAL ACCESS CONTROL SYSTEM REPORT Not later 180 days after the date of the enactment of this Act and annually for each of the 4 years thereafter the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate a report regarding the status of the Coast Guard’s compliance with Homeland Security Presidential Directive 12 HSPD–12 and Federal Information Processing Standard 201 FIPS–201 including— 1 the status of Coast Guard efforts to field a comprehensive Physical Access Control System at Coast Guard installations and locations necessary to bring the Service into compliance with HSPD–12 and FIPS–201B 2 the status of the selection of a technological solution 3 the estimated phases and timeframe to complete the implementation of such a system and 4 the estimated cost for each phase of the project 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 a GAO REPORT — 1 IN GENERAL —Not later than 1 year after the date of the enactment of this Act the Comptroller General of the H R 6395—1288 United States shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the resources regulations policies protocols and other actions designed to carry out the Coast Guard Certificate of Compliance program with respect to liquefied natural gas tank vessels including examinations under section 153 808 of title 46 Code of Federal Regulations and vessels that carry bulk liquefied gases as cargo including examinations under part 154 of title 46 Code of Federal Regulations for purposes of maintaining the efficiency of examinations under that program 2 CONTENTS —The report under paragraph 1 shall include an assessment of the adequacy of current Coast Guard resources regulations policies and protocols to maintain vessel examination efficiency while carrying out the program referred to in paragraph 1 as United States bulk liquefied gases cargo liquefied natural gas exports and associated vessel traffic at United States ports increase b NATIONAL ACADEMIES STUDY — 1 IN GENERAL —Not later than 6 months after the date on which the report required under subsection a is submitted the Commandant shall enter into an agreement with the National Academies under which the National Academies shall— A conduct an evaluation of the constraints and challenges to maintaining examination efficiency under the program as United States bulk liquefied gases cargo liquefied natural gas exports and associated vessel traffic at United States ports increase and B issue recommendations for changes to resources regulations policies and protocols to maintain the efficiency of the program including analysis of the following alternatives i Establishment of a Coast Guard marine examination unit near the Panama Canal to conduct inspections under the program on liquefied natural gas tank vessels bound for the United States similar to Coast Guard operations carried out by Coast Guard Activities Europe and Coast Guard Activities Far East including the effects of the establishment of such a unit on the domestic aspects of the program ii Management of all marine examiners with gas carrier qualification within each Coast Guard District by a single Officer in Charge Marine Inspection as defined in section 50 10–10 of title 46 Code of Federal Regulations to improve the efficiency of their vessel examination assignments iii Extension of the duration of assignment of marine examiners with a gas carrier qualification at Coast Guard units that most frequently inspect vessels that carry bulk liquefied gases as cargo and liquefied natural gas tank vessels iv Increase in the use of civilians to conduct and support examinations under the program v Extension of the duration of certificates of compliance under the program for vessels that carry H R 6395—1289 bulk liquefied gases as cargo and liquefied natural gas tank vessels that are less than 10 years of age and participate in a Coast Guard vessel quality program SEC 8255 COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT ON COAST GUARD’S INTERNATIONAL PORT SECURITY PROGRAM a GAO REPORT —Not later than 1 year after the date of the enactment of this Act the Comptroller General of the United States shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report setting forth the results of a comprehensive review conducted by the Comptroller General for purposes of the report on the Coast Guard’s International Port Security Program including the findings and any recommendations for improvement of the program of the Comptroller General b REQUIRED ELEMENTS OF REVIEW —The review required under subsection a shall include— 1 review of the actions of the Coast Guard under the Coast Guard’s International Port Security Program since 2014 to enhance foreign port inspections 2 review of the actions of the Coast Guard to recognize and monitor port inspection programs of foreign governments 3 identification and review of the actions the Coast Guard takes to address any deficiencies it observes during visits at foreign ports 4 identify and review the benchmarks of the Coast Guard for measuring the effectiveness of the program and 5 review of the extent to which the Coast Guard and United States Customs and Border Protection coordinate efforts to screen and inspect cargo at foreign ports SEC 8256 COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT ON SURGE CAPACITY OF THE COAST GUARD a GAO REPORT —Not later than 60 days after the date of the enactment of this Act the Comptroller General of the United States shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report setting for the results of a comprehensive review conducted by the Comptroller General for purposes of the report on the surge capacity of the Coast Guard to respond to a catastrophic incident such as a hurricane including the findings and any recommendations for improvement of the Comptroller General b REQUIRED ELEMENTS OF REVIEW —The review required under subsection a shall include— 1 a description and review of each Coast Guard deployment in response to a catastrophic incident after 2005 2 identification of best practices informed by the deployments described in paragraph 1 3 a review of the ability of the surge force of the Coast Guard to meet the demands of the response roles in which it was serving during each deployment described in paragraph 1 4 identification of any statutory or regulatory impediments such as adaptability planning training mobilization H R 6395—1290 or information and resource integration to the surge capacity of the Coast Guard in response to a catastrophic incident 5 review of the impacts of a surge of the Coast Guard in response to a catastrophic incident on the capacity of the Coast Guard to perform its statutory missions 6 review of the capability of the Coast Guard to surge in response to concurrent or subsequent catastrophic incidents and 7 review and description of existing voluntary and involuntary deployments of Coast Guard personnel and assets in support of a United States Customs and Border Protection response to a national emergency as defined in Presidential Proclamation 9844 on the surge capacity of the Coast Guard in the event of a catastrophic incident c DEFINITIONS —In this section the terms ‘‘catastrophic incident’’ and ‘‘surge capacity’’ have the meaning given such terms in section 602 of the Post-Katrina Emergency Management Reform Act of 2006 6 U S C 701 SEC 8257 COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT ON MARINE INSPECTIONS PROGRAM OF COAST GUARD a GAO REPORT —Not later than 1 year after the date of the enactment of this Act the Comptroller General of the United States shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report setting forth the results of a comprehensive review conducted by the Comptroller General for purposes of the report on the marine inspections program of the Coast Guard including the findings and any recommendations for improvement of the program of the Comptroller General b REQUIRED ELEMENTS OF REVIEW —The review required under subsection a shall include— 1 an analysis of the demand for marine inspectors 2 an identification of the number of fully qualified marine inspectors 3 a determination of whether the number of marine inspectors identified in paragraph 2 is sufficient to meet the demand described in paragraph 1 4 a review of the enlisted marine inspector workforce compared to the civilian marine inspector workforce and whether there is any discernable distinction or impact between such workforces in the performance of the marine safety mission 5 an evaluation of the training continuum of marine inspectors 6 a description and review of what actions if any the Coast Guard is taking to adapt to the current rise in United States export of crude oil and other fuels such as implementing a safety inspection regime for barges and 7 an analysis of extending tours of duty for marine inspectors and increasing the number of civilian marine inspectors SEC 8258 COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT ON INFORMATION TECHNOLOGY PROGRAM OF COAST GUARD a GAO REPORT — H R 6395—1291 1 IN GENERAL —Not later than 1 year after the date of the enactment of this Act the Comptroller General of the United States shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report setting forth the results of a comprehensive review conducted by the Comptroller General for purposes of the report on the Coast Guard Command Control Communications Computers Cyber and Intelligence Service Center including the findings and any recommendations for improvement of the program of the Comptroller General 2 REQUIRED ELEMENTS OF REVIEW —The review required under paragraph 1 shall include— A analysis of how the Coast Guard manages its information technology program including information technology acquisitions to meet its various mission needs and reporting requirements B analysis of the adequacy of the physical information technology infrastructure within Coast Guard districts including network infrastructure for meeting mission needs and reporting requirements C analysis of whether and if so how the Coast Guard— i identifies and satisfies any knowledge and skill requirements and ii recruits trains and develops its information technology personnel D analysis of whether and if so how the Coast Guard separates information technology from operational technology for cybersecurity purposes E analysis of how the Coast Guard intends to update its Marine Information for Safety and Law Enforcement system personnel accounting and other databases and implement an electronic health records system and F analysis of the goals and acquisition strategies for all proposed Coast Guard enterprise-wide cloud computing service procurements b REVIEW ON CLOUD COMPUTING —Not later than 180 days after the date of the enactment of this Act the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate a detailed description of the Coast Guard’s strategy to implement cloud computing for the entire Coast Guard including— 1 the goals and acquisition strategies for all proposed enterprise-wide cloud computing service procurements 2 a strategy to sustain competition and innovation throughout the period of performance of each contract for procurement of cloud-computing goods and services for the Coast Guard including defining opportunities for multiple cloud-service providers and insertion of new technologies 3 an assessment of potential threats and security vulnerabilities of the strategy and plans to mitigate such risks and 4 an estimate of the cost and timeline to implement cloud computing service for all Coast Guard computing H R 6395—1292 SEC 8259 COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON ACCESS TO HEALTH CARE BY MEMBERS OF COAST GUARD AND DEPENDENTS a STUDY — 1 IN GENERAL —The Comptroller General of the United States shall conduct a study that examines access to experience with and needs under the TRICARE program of members of the Coast Guard and their dependents 2 ELEMENTS —The study conducted under paragraph 1 shall analyze the following A The record of the TRICARE program in meeting the standards for care for primary and specialty care for members of the Coast Guard and dependents of those members including members stationed in remote units B The accuracy and update periodicity of lists of providers under the TRICARE program in areas serving Coast Guard families C The wait times under the TRICARE program for appointments specialty care and referrals for members of the Coast Guard and dependents of those members D The availability of providers under the TRICARE program in remote locations including providers for mental health care for children with special needs child and adolescent psychiatry dental and female health E The access of members of the Coast Guard and dependents of those members to services under the TRICARE program in comparison to the access to such services by personnel of the Department of Defense and dependents of such personnel F The liaison assistance between members of the Coast Guard and dependents of those members and the TRICARE program provided by the Coast Guard in comparison to such assistance provided by the Department of Defense G How delayed access to care timeliness of care and distance traveled to care may impact personnel readiness of members of the Coast Guard H The regions particularly impacted by lack of access to care and recommendations to address those access issues b REPORT —Not later than 1 year after the date of the enactment of this Act the Comptroller General shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the findings conclusions and recommendations to improve access to quality timely and effective health care for members of the Coast Guard and dependents of those members from the study required under subsection a c DEFINITIONS —In this section the terms ‘‘dependent’’ and ‘‘TRICARE program’’ have the meanings given such terms in section 1072 of title 10 United States Code SEC 8260 COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON MEDICAL STAFFING STANDARDS AND NEEDS FOR COAST GUARD a STUDY — H R 6395—1293 1 IN GENERAL —The Comptroller General of the United States shall conduct a study that examines the health care system of the Coast Guard 2 ELEMENTS —The study conducted under paragraph 1 shall analyze the following A The billets in clinics of the Coast Guard whether for personnel of the Coast Guard or otherwise including the number of billets vacancies and length of vacancies B The wait times for patients to attain an appointment for urgent care routine physician care and dental care C The impact of billet vacancies on such wait times D The barriers if any to improving coordination and access to physicians within the health care system of the Department of Defense E The accessibility and availability of behavioral health medical personnel at clinics of the Coast Guard including personnel available for family counseling therapy and other needs F The staffing models of clinics of the Coast Guard including recommendations to modernize such models G The locations and needs of Coast Guard units with or without clinics H How access to care models for members of the Coast Guard are managed including models with respect to the time and distance traveled to receive care the cost of that travel and alternate options to secure care quickly and efficiently for members serving in units without a clinic b REPORT — 1 IN GENERAL —Not later than 1 year after the date of the enactment of this Act the Comptroller General shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the findings conclusions and recommendations from the study required under subsection a 2 ELEMENTS —The report submitted under paragraph 1 shall include the following A An identification of the number of members of the Coast Guard and types of units of the Coast Guard serviced by the health care system of the Coast Guard B An assessment of the ability of the Coast Guard to conduct medical support at outlying units including remote units C An assessment of the capacity of the Coast Guard to support surge operations using historical data from the 10-year period preceding the date of the report D An assessment of the impact to operations of the Coast Guard by extended wait times or travel times to receive care or other issues identified by the report c RECOMMENDATIONS —Not later than 90 days after the date on which the report is submitted under subsection b the Commandant shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives written recommendations for medical staffing standards for the Coast Guard H R 6395—1294 based on each finding and conclusion contained in the report including recommendations for health service technicians flight surgeons physician assistants dentists dental hygienists family advocate services pharmacists and administrators and other recommendations as appropriate SEC 8261 REPORT ON FAST RESPONSE CUTTERS OFFSHORE PATROL CUTTERS AND NATIONAL SECURITY CUTTERS a IN GENERAL —Not later than 90 days after the date of the enactment of this Act the Commandant shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the combination of Fast Response Cutters Offshore Patrol Cutters and National Security Cutters necessary to carry out Coast Guard missions b ELEMENTS —The report required by subsection a shall include— 1 an updated cost estimate for each type of cutter described in such subsection and 2 a cost estimate for a Sensitive Compartmented Information Facility outfitted to manage data in a manner equivalent to the National Security Cutter Sensitive Compartmented Information Facilities Subtitle E—Coast Guard Academy Improvement Act SEC 8271 SHORT TITLE This subtitle may be cited as the ‘‘Coast Guard Academy Improvement Act’’ SEC 8272 COAST GUARD ACADEMY STUDY a IN GENERAL —The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Public Administration not later than 60 days after the date of the enactment of the this Act under which the National Academy of Public Administration shall— 1 conduct an assessment of the cultural competence of the Coast Guard Academy as an organization and of individuals at the Coast Guard Academy to carry out effectively the primary duties of the United States Coast Guard listed in section 102 of title 14 United States Code when interacting with individuals of different races ethnicities genders religions sexual orientations socioeconomic backgrounds or from different geographic origins and 2 issue recommendations based upon the findings in such assessment b ASSESSMENT OF CULTURAL COMPETENCE — 1 CULTURAL COMPETENCE OF THE COAST GUARD ACADEMY —The arrangement described in subsection a shall require the National Academy of Public Administration to not later than 1 year after entering into an arrangement with the Secretary under subsection a submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and H R 6395—1295 Transportation of the Senate the assessment described under subsection a 1 2 ASSESSMENT SCOPE —The assessment described under subsection a 1 shall— A describe the level of cultural competence described in subsection a 1 based on the National Academy of Public Administration’s assessment of the Coast Guard Academy’s relevant practices policies and structures including an overview of discussions with faculty staff students and relevant Coast Guard Academy affiliated organizations B examine potential changes which could be used to further enhance such cultural competence by— i modifying institutional practices policies and structures and ii any other changes deemed appropriate by the National Academy of Public Administration and C make recommendations to enhance the cultural competence of the Coast Guard Academy described in subparagraph A including any specific plans policies milestones performance measures or other information necessary to implement such recommendations c FINAL ACTION MEMORANDUM —Not later than 6 months after submission of the assessment under subsection b 1 the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate a final action memorandum in response to all recommendations contained in the assessment The final action memorandum shall include the rationale for accepting accepting in part or rejecting each recommendation and shall specify where applicable actions to be taken to implement such recommendations including an explanation of how each action enhances the ability of the Coast Guard to carry out the primary duties of the United States Coast Guard listed in section 102 of title 14 United States Code d PLAN — 1 IN GENERAL —Not later than 6 months after the date of the submission of the final action memorandum required under subsection c the Commandant in coordination with the Chief Human Capital Officer of the Department of Homeland Security shall submit a plan to carry out the recommendations or the parts of the recommendations accepted in the final action memorandum to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate 2 STRATEGY WITH MILESTONES —If any recommendation or parts of recommendations accepted in the final action memorandum address any of the following actions then the plan required in paragraph 1 shall include a strategy with appropriate milestones to carry out such recommendations or parts of recommendations A Improve outreach and recruitment of a more diverse Coast Guard Academy cadet candidate pool based on race ethnicity gender religion sexual orientation socioeconomic background and geographic origin H R 6395—1296 B Modify institutional structures practices and policies to foster a more diverse cadet corps body faculty and staff workforce based on race ethnicity gender religion sexual orientation socioeconomic background and geographic origin C Modify existing or establish new policies and safeguards to foster the retention of cadets faculty and staff of different races ethnicities genders religions sexual orientations socioeconomic backgrounds and geographic origins at the Coast Guard Academy D Restructure the admissions office of the Coast Guard Academy to be headed by a civilian with significant relevant higher education recruitment experience 3 IMPLEMENTATION —Unless otherwise directed by an Act of Congress the Commandant shall begin implementation of the plan developed under this subsection not later than 180 days after the submission of such plan to Congress 4 UPDATE —The Commandant shall include in the first annual report required under chapter 51 of title 14 United States Code as amended by this division submitted after the date of enactment of this section the strategy with milestones required in paragraph 2 and shall report annually thereafter on actions taken and progress made in the implementation of such plan SEC 8273 ANNUAL REPORT Chapter 51 of title 14 United States Code is further amended by adding at the end the following ‘‘§ 5111 Report on diversity at Coast Guard Academy ‘‘ a IN GENERAL —Not later than January 15 2021 and annually thereafter the Commandant shall submit a report on diversity at the Coast Guard Academy to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate ‘‘ b CONTENTS —The report required under subsection a shall include— ‘‘ 1 the status of the implementation of the plan required under section 8272 of the Elijah E Cummings Coast Guard Authorization Act of 2020 ‘‘ 2 specific information on outreach and recruitment activities for the preceding year including the effectiveness of the Coast Guard Academy minority outreach team program described under section 1905 and of outreach and recruitment activities in the territories and other possessions of the United States ‘‘ 3 enrollment information about the incoming class including the gender race ethnicity religion socioeconomic background and State of residence of Coast Guard Academy cadets ‘‘ 4 information on class retention outcomes and graduation rates including the race gender ethnicity religion socioeconomic background and State of residence of Coast Guard Academy cadets H R 6395—1297 ‘‘ 5 information on efforts to retain diverse cadets including through professional development and professional advancement programs for staff and faculty and ‘‘ 6 a summary of reported allegations of discrimination on the basis of race color national origin sex gender or religion for the preceding 5 years ’’ SEC 8274 ASSESSMENT OF COAST GUARD ACADEMY ADMISSION PROCESSES a IN GENERAL —The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Public Administration under which the National Academy of Public Administration shall not later than 1 year after submitting an assessment under section 8272 a submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate an assessment of the Coast Guard Academy admissions process b ASSESSMENT SCOPE —The assessment required to be sought under subsection a shall at a minimum include— 1 a study or an audit if appropriate of the process the Coast Guard Academy uses to— A identify candidates for recruitment B recruit applicants C assist applicants in the application process D evaluate applications and E make admissions decisions 2 discussion of the consideration during the admissions process of diversity including— A race B ethnicity C gender D religion E sexual orientation F socioeconomic background and G geographic origin 3 an overview of the admissions processes at other Federal service academies including— A discussion of consideration of diversity including any efforts to attract a diverse pool of applicants in those processes and B an analysis of how the congressional nominations requirement in current law related to military service academies and the Merchant Marine Academy impacts those processes and the overall demographics of the student bodies at those academies 4 a determination regarding how a congressional nominations requirement for Coast Guard Academy admissions could impact diversity among the student body and the ability of the Coast Guard to carry out effectively the Service’s primary duties described in section 102 of title 14 United States Code and 5 recommendations for improving Coast Guard Academy admissions processes including whether a congressional nominations process should be integrated into such processes H R 6395—1298 SEC 8275 COAST GUARD ACADEMY MINORITY OUTREACH TEAM PROGRAM a IN GENERAL —Chapter 19 of title 14 United States Code is further amended by inserting after section 1904 as amended by this division the following ‘‘§ 1905 Coast Guard Academy minority outreach team program ‘‘ a IN GENERAL —There is established within the Coast Guard Academy a minority outreach team program in this section referred to as the ‘Program’ under which officers including minority officers and officers from territories and other possessions of the United States who are Academy graduates may volunteer their time to recruit minority students and strengthen cadet retention through mentorship of cadets ‘‘ b ADMINISTRATION —Not later than January 1 2021 the Commandant in consultation with Program volunteers and Academy alumni that participated in prior programs at the Academy similar to the Program shall appoint a permanent civilian position at the Academy to administer the Program by among other things— ‘‘ 1 overseeing administration of the Program ‘‘ 2 serving as a resource to volunteers and outside stakeholders ‘‘ 3 advising Academy leadership on recruitment and retention efforts based on recommendations from volunteers and outside stakeholders ‘‘ 4 establishing strategic goals and performance metrics for the Program with input from active volunteers and Academy leadership and ‘‘ 5 reporting annually to the Commandant on academic year and performance outcomes of the goals for the Program before the end of each academic year ’’ b CLERICAL AMENDMENT —The analysis for chapter 19 of title 14 United States Code is further amended by inserting after the item relating to section 1904 as amended by this division the following ‘‘1905 Coast Guard Academy minority outreach team program ’’ SEC 8276 COAST GUARD COLLEGE STUDENT PRE-COMMISSIONING INITIATIVE a IN GENERAL —Subchapter I of chapter 21 of title 14 United States Code is further amended by adding at the end the following ‘‘§ 2131 College student pre-commissioning initiative ‘‘ a IN GENERAL —There is authorized within the Coast Guard a college student pre-commissioning initiative program in this section referred to as the ‘Program’ for eligible undergraduate students to enlist and receive a guaranteed commission as an officer in the Coast Guard ‘‘ b CRITERIA FOR SELECTION —To be eligible for the Program a student must meet the following requirements upon submitting an application ‘‘ 1 AGE —A student must be not less than 19 years old and not more than 27 years old as of September 30 of the fiscal year in which the Program selection panel selecting such student convenes H R 6395—1299 ‘‘ 2 CHARACTER — ‘‘ A ALL APPLICANTS —All applicants must be of outstanding moral character and meet other character requirements as set forth by the Commandant ‘‘ B COAST GUARD APPLICANTS —An applicant serving in the Coast Guard may not be commissioned if in the 36 months prior to the first Officer Candidate School class convening date in the selection cycle such applicant was convicted by a court-martial or awarded nonjudicial punishment or did not meet performance or character requirements set forth by the Commandant ‘‘ 3 CITIZENSHIP —A student must be a United States citizen ‘‘ 4 CLEARANCE —A student must be eligible for a secret clearance ‘‘ 5 DEPENDENCY — ‘‘ A IN GENERAL —A student may not have more than 2 dependents ‘‘ B SOLE CUSTODY —A student who is single may not have sole or primary custody of dependents ‘‘ 6 EDUCATION — ‘‘ A INSTITUTION —A student must be an undergraduate sophomore or junior— ‘‘ i at a historically Black college or university described in section 322 2 of the Higher Education Act of 1965 20 U S C 1061 2 or an institution of higher education described in section 371 a of the Higher Education Act of 1965 20 U S C 1067q a or ‘‘ ii an undergraduate sophomore or junior enrolled at an institution of higher education as defined in section 101 of the Higher Education Act of 1965 20 U S C 1001 that at the time of application of the sophomore or junior has had for 3 consecutive years an enrollment of undergraduate full-time equivalent students as defined in section 312 e of such Act 20 U S C 1058 e that is a total of at least 50 percent Black American Hispanic Asian American as defined in section 371 c of such Act 20 U S C 1067q c Native American Pacific Islander as defined in such section or Native American as defined in such section among other criteria as determined by the Commandant ‘‘ B LOCATION —The institution at which such student is an undergraduate must be within 100 miles of a Coast guard unit or Coast Guard Recruiting Office unless otherwise approved by the Commandant ‘‘ C RECORDS —A student must meet credit and grade point average requirements set forth by the Commandant ‘‘ 7 MEDICAL AND ADMINISTRATIVE —A student must meet other medical and administrative requirements as set forth by the Commandant ‘‘ c ENLISTMENT AND OBLIGATION —Individuals selected and accept to participate in the Program shall enlist in the Coast Guard in pay grade E–3 with a 4-year duty obligation and 4year inactive Reserve obligation H R 6395—1300 ‘‘ d MILITARY ACTIVITIES PRIOR TO OFFICER CANDIDATE SCHOOL —Individuals enrolled in the Program shall participate in military activities each month as required by the Commandant prior to attending Officer Candidate School ‘‘ e PARTICIPATION IN OFFICER CANDIDATE SCHOOL —Each graduate of the Program shall attend the first enrollment of Officer Candidate School that commences after the date of such graduate’s graduation ‘‘ f COMMISSIONING —Upon graduation from Officer Candidate School Program graduates shall be discharged from enlisted status and commissioned as an O–1 with an initial 3-year duty obligation ‘‘ g BRIEFING — ‘‘ 1 IN GENERAL —Not later than August 15 of each year the Commandant shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate on the Program ‘‘ 2 CONTENTS —The briefing required under paragraph 1 shall describe— ‘‘ A outreach and recruitment efforts over the previous year and ‘‘ B demographic information of enrollees including— ‘‘ i race ‘‘ ii ethnicity ‘‘ iii gender ‘‘ iv geographic origin and ‘‘ v educational institution ’’ b CLERICAL AMENDMENT —The analysis chapter 21 of title 14 United States Code is amended by inserting after the item relating to section 2130 as added by this division the following ‘‘2131 College student pre-commissioning initiative ’’ SEC 8277 ANNUAL BOARD OF VISITORS Section 1903 d of title 14 United States Code is amended— 1 by redesignating paragraphs 2 through 6 as paragraphs 3 through 7 respectively and 2 by inserting after paragraph 1 the following ‘‘ 2 recruitment and retention including diversity inclusion and issues regarding women specifically ’’ SEC 8278 HOMELAND SECURITY ROTATIONAL CYBERSECURITY RESEARCH PROGRAM AT COAST GUARD ACADEMY a IN GENERAL —Subtitle E of title VIII of the Homeland Security Act of 2002 6 U S C 411 et seq is amended by adding at the end the following ‘‘SEC 846 ROTATIONAL CYBERSECURITY RESEARCH PROGRAM ‘‘To enhance the Department’s cybersecurity capacity the Secretary may establish a rotational research development and training program for— ‘‘ 1 detail to the Cybersecurity and Infrastructure Security Agency including the national cybersecurity and communications integration center authorized by section 2209 of Coast Guard Academy graduates and faculty and ‘‘ 2 detail to the Coast Guard Academy as faculty of individuals with expertise and experience in cybersecurity who are employed by— ‘‘ A the Agency including the center H R 6395—1301 ‘‘ B the Directorate of Science and Technology or ‘‘ C institutions that have been designated by the Department as a Center of Excellence for Cyber Defense or the equivalent ’’ b CLERICAL AMENDMENT —The table of contents in section 1 b of the Homeland Security Act of 2002 6 U S C 411 et seq is amended by adding at the end of the items relating to subtitle E of such Act the following ‘‘Sec 846 Rotational cybersecurity research program ’’ Subtitle F—Other Matters SEC 8281 STRATEGY ON LEADERSHIP OF COAST GUARD a IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary of the department in which the Coast Guard is operating shall develop and make available to the public a strategy to improve leadership development in the Coast Guard including mechanisms to address counterproductive leadership in the Coast Guard b ELEMENTS —The strategy shall include the following 1 Mechanisms to foster positive and productive leadership qualities in emerging Coast Guard leaders beginning at minimum members at grade O–2 for officers members at grade E–6 for enlisted members and members training to become an officer in charge 2 Mechanisms for the ongoing evaluation of unit commanders including identification of counterproductive leadership qualities in commanders 3 Formal training on the recognition of counterproductive leadership qualities in self and others including at leadership seminars and school houses in the Coast Guard including means to correct such qualities 4 Clear and transparent policies on standards for command climate leadership qualities and inclusion 5 Policy to ensure established and emerging leaders have access to hands-on training and tools to improve diversity and inclusion 6 Policy and procedures for commanders to identify and hold accountable counterproductive leaders c COUNTERPRODUCTIVE LEADERSHIP DEFINED —In this section the term ‘‘counterproductive leadership’’ has the meaning given that term for purposes of Army Doctrine Publication 6–22 SEC 8282 EXPEDITED TRANSFER IN CASES OF SEXUAL ASSAULT DEPENDENTS OF MEMBERS OF THE COAST GUARD Not later than 180 days after the date of the enactment of this Act the Commandant shall establish a policy to allow the transfer of a member of the Coast Guard whose dependent is the victim of sexual assault perpetrated by a member of the Armed Forces who is not related to the victim SEC 8283 ACCESS TO RESOURCES DURING CREOSOTE-RELATED BUILDING CLOSURES AT COAST GUARD BASE SEATTLE WASHINGTON a IN GENERAL —With respect to the creosote-related building closures at Coast Guard Base Seattle Washington the Commandant shall to the maximum extent practicable enter into 1 H R 6395—1302 or more agreements or otherwise take actions to secure access to resources including a gym that are not otherwise available to members of the Coast Guard during such closures b BRIEFING —Not later than 60 days after the date of the enactment of this Act the Commandant shall brief Congress with respect to actions taken by the Commandant to comply with subsection a SEC 8284 SOUTHERN RESIDENT ORCA CONSERVATION AND ENFORCEMENT a REPORT AND ACTION PLAN ON ORCA ENFORCEMENT OPPORTUNITIES —Not later than 180 days after the date of the enactment of this Act the Commandant in consultation with the Under Secretary of Commerce for Oceans and Atmosphere shall submit to Congress a report on Coast Guard efforts to enforce southern resident orca vessel buffer zones and other vessel-related regulations in Puget Sound in coordination with existing Coast Guard fisheries enforcement maritime domain awareness the Be Whale Wise campaign and other related missions Such report shall include recommendations on what resources appropriations and assets are needed to meet orca conservation and related fisheries enforcement targets in the 13th Coast Guard District within 1 year of the date of enactment of this Act b SOUTHERN RESIDENT ORCAS —The Commandant in coordination with the Under Secretary of Commerce for Oceans and Atmosphere shall undertake efforts to reduce vessel noise impacts on Southern resident orcas in Puget Sound the Salish Sea and the Strait of Juan de Fuca c PROGRAM — 1 IN GENERAL —The Commandant shall— A support the development implementation and enforcement of commercial vessel noise reduction measures that are technically feasible and economically achievable B establish procedures for timely communication of information to commercial vessel operators regarding orca sightings in Puget Sound and make navigational safety recommendations in accordance with the Cooperative Vessel Traffic Service Agreement and C collaborate on studies or trials analyzing vessel noise impacts on Southern resident orcas 2 VESSEL NOISE IMPACTS —The Undersecretary of Commerce for Oceans and Atmosphere shall assess vessel noise impacts on Southern resident orcas in the program area and make recommendations to reduce that noise and noise related impacts to Southern resident orcas to the Commandant 3 COORDINATION —In carrying out this section the Commandant shall coordinate with Canadian agencies affiliated with the Enhancing Cetacean Habitat and Observation ECHO program and other international organizations as appropriate 4 CONSULTATION —In carrying out this section the Commandant and the Undersecretary of Commerce for Oceans and Atmosphere shall consult with State local and Tribal governments and maritime industry and conservation stakeholders including ports higher education institutions and nongovernmental organizations H R 6395—1303 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 a SENSE OF CONGRESS —It is the sense of Congress that— 1 Coast Guard components with investigative authority should exercise such authority with due respect for the rights of whistleblowers and 2 the Commandant should— A ensure compliance with the legal requirements intended to protect whistleblowers B seek to shield the disclosure of the identities of whistleblowers and C create an environment in which whistleblowers do not fear reprisal for reporting misconduct b REPORT REQUIRED —Not later than 120 days after the date of the enactment of this Act the Commandant shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the policy of the Coast Guard on the issuance of warrants and subpoenas and whistleblower protections by agents of the Coast Guard Investigative Service c ELEMENTS —The report required by subsection b shall include the following 1 A discussion of current and any new policy of the Coast Guard on the issuance of warrants and subpoenas and whistleblower protections by agents of the Coast Guard Investigative Service including Coast Guard Investigative Service Criminal Investigation Operating Procedure CIOP 2019–02 and the differences between such current policies and new policies 2 A plan including milestones for the implementation of the following A Incorporation of Coast Guard Investigative Service Criminal Investigation Operating Procedure CIOP 2019– 02 into the next revision of the relevant Coast Guard investigative manual B Training on the policy described in paragraph 1 for the following i Agents and legal counsel of the Coast Guard Investigative Service ii Personnel of the Office of General Law iii Relevant Coast Guard headquarters personnel iv Such other Coast Guard personnel as the Commandant considers appropriate SEC 8286 INSPECTOR GENERAL REPORT ON ACCESS TO EQUAL OPPORTUNITY ADVISORS AND EQUAL EMPLOYMENT OPPORTUNITY SPECIALISTS a IN GENERAL —Not later than 90 days after the date of the enactment of this Act the inspector general of the department in which the Coast Guard is operating shall conduct a study and develop recommendations on the need to separate Equal Opportunity Advisors and Equal Employment Opportunity Specialists as practicable through the pre-complaint and formal discrimination H R 6395—1304 complaint processes for the complainant the opposing party and the commanding officers and officers in charge b BRIEFING —Not later than 30 days after the completion of the study required by subsection a the Commandant shall brief the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the manner in which the Coast Guard plans to implement the recommendations developed as a result of the study SEC 8287 INSIDER THREAT PROGRAM Not later than 180 days after the date of the enactment of this Act the Commandant shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate on a plan to expand the Coast Guard Insider Threat Program to include the monitoring of all Coast Guard devices including mobile devices TITLE LVXXXIII—MARITIME Sec Sec Sec Sec 8301 8302 8303 8304 Sec Sec Sec Sec Sec Sec Sec 8311 8312 8313 8314 8315 8316 8317 Sec Sec Sec Sec Sec 8318 8319 8320 8321 8322 Sec Sec Sec Sec Sec Sec 8331 8332 8333 8334 8335 8336 Sec Sec Sec Sec Sec Sec 8341 8342 8343 8344 8345 8346 Subtitle A—Navigation Electronic charts equivalency Subrogated claims Loan provisions under Oil Pollution Act of 1990 Oil pollution research and development program Subtitle B—Shipping Passenger vessel security and safety requirements application Small passenger vessels and uninspected passenger vessels Non-operating individual Conforming amendments training public safety personnel Maritime transportation assessment Engine cut-off switches use requirement Authority to waive operator of self-propelled uninspected passenger vessel requirements Exemptions and equivalents Renewal of merchant mariner licenses and documents Certificate extensions Vessel safety standards Medical standards Subtitle C—Advisory Committees Advisory committees Maritime Transportation System National Advisory Committee Expired maritime liens Great Lakes Pilotage Advisory Committee National Commercial Fishing Safety Advisory Committee Exemption of commercial fishing vessels operating in Alaskan Region from Global Maritime Distress and Safety System requirements of Federal Communications Commission Subtitle D—Ports Port harbor and coastal facility security Aiming laser pointer at vessel Safety of special activities Security plans reviews Vessel traffic service Transportation work identification card pilot program Subtitle A—Navigation SEC 8301 ELECTRONIC CHARTS EQUIVALENCY a REQUIREMENTS —Section 3105 a 1 of title 46 United States Code is amended to read as follows H R 6395—1305 ‘‘ 1 ELECTRONIC CHARTS IN LIEU OF CHARTS AND MAPS —Subject to paragraph MARINE CHARTS 2 the following vessels while operating on the navigable waters of the United States equipped with and operating electronic navigational charts that are produced by a government hydrographic office or conform to a standard acceptable to the Secretary shall be deemed in compliance with any requirement under title 33 or title 46 Code of Federal Regulations to have a chart marine chart or map on board such vessel ‘‘ A A self-propelled commercial vessel of at least 65 feet in overall length ‘‘ B A vessel carrying more than a number of passengers for hire determined by the Secretary ‘‘ C A towing vessel of more than 26 feet in overall length and 600 horsepower ‘‘ D Any other vessel for which the Secretary decides that electronic charts are necessary for the safe navigation of the vessel ’’ b EXEMPTIONS AND WAIVERS —Section 3105 a 2 of title 46 United States Code is amended— 1 in subparagraph A by striking ‘‘operates and’’ and inserting ‘‘operates ’’ 2 in subparagraph B by striking ‘‘those waters ’’ and inserting ‘‘those waters and’’ and 3 by adding at the end the following ‘‘ C permit vessels described in subparagraphs A through D of paragraph 1 that operate solely landward of the baseline from which the territorial sea of the United States is measured to utilize software-based platform-independent electronic chart systems that the Secretary determines are capable of displaying electronic navigational charts with necessary scale and detail to ensure safe navigation for the intended voyage ’’ SEC 8302 SUBROGATED CLAIMS a IN GENERAL —Section 1012 b of the Oil Pollution Act of 1990 33 U S C 2712 b is amended— 1 by striking ‘‘The’’ and inserting the following ‘‘ 1 IN GENERAL —The’’ and 2 by adding at the end the following ‘‘ 2 SUBROGATED RIGHTS —Except for a guarantor claim pursuant to a defense under section 1016 f 1 Fund compensation of any claim by an insurer or other indemnifier of a responsible party or injured third party is subject to the subrogated rights of that responsible party or injured third party to such compensation ’’ b EFFECTIVE DATE —This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act SEC 8303 LOAN PROVISIONS UNDER OIL POLLUTION ACT OF 1990 a IN GENERAL —Section 1013 of the Oil Pollution Act of 1990 33 U S C 2713 is amended by striking subsection f b CONFORMING AMENDMENTS —Section 1012 a of the Oil Pollution Act of 1990 33 U S C 2712 a is amended— 1 in paragraph 4 by adding ‘‘and’’ after the semicolon at the end H R 6395—1306 2 in paragraph 5 D by striking ‘‘ and’’ and inserting a period and 3 by striking paragraph 6 SEC 8304 OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM Section 7001 of the Oil Pollution Act of 1990 33 U S C 2761 is amended— 1 in subsection c — A in paragraph 1 by inserting ‘‘ technology ’’ after ‘‘research’’ B in paragraph 2 — i by striking ‘‘this subsection’’ and inserting ‘‘paragraph 1 ’’ and ii by striking ‘‘which are effective in preventing or mitigating oil discharges and which’’ and inserting ‘‘and methods that are effective in preventing mitigating or restoring damage from oil discharges and that’’ C in paragraph 3 by striking ‘‘this subsection’’ and inserting ‘‘paragraph 1 ’’ each place it appears D in subparagraph A of paragraph 4 — i by striking ‘‘oil discharges Such program shall’’ and inserting ‘‘acute and chronic oil discharges on coastal and marine resources including impacts on protected areas such as sanctuaries and protected species and such program shall’’ ii by redesignating clauses iii and iv as clauses iv and v respectively iii by inserting after clause ii the following ‘‘ iii Research to understand and quantify the effects of sublethal impacts of oil discharge on living natural marine resources including impacts on pelagic fish species marine mammals and commercially and recreationally targeted fish and shellfish species ’’ and iv by adding at the end the following ‘‘ vi Research to understand the long-term effects of major oil discharges and the long-term effects of smaller endemic oil discharges ‘‘ vii The identification of potential impacts on ecosystems habitat and wildlife from the additional toxicity heavy metal concentrations and increased corrosiveness of mixed crude such as diluted bitumen crude ‘‘ viii The development of methods to restore and rehabilitate natural resources and ecosystem functions damaged by oil discharges ’’ E in paragraph 5 by striking ‘‘this subsection’’ and inserting ‘‘paragraph 1 ’’ F by striking paragraph 7 and inserting the following ‘‘ 7 SIMULATED ENVIRONMENTAL TESTING — ‘‘ A IN GENERAL —Agencies represented on the Interagency Committee shall ensure the long-term use and operation of the Oil and Hazardous Materials Simulated Environmental Test Tank OHMSETT Research Center in New Jersey for oil pollution technology testing and evaluations H R 6395—1307 ‘‘ B OTHER TESTING FACILITIES —Nothing in subparagraph A shall be construed as limiting the ability of the Interagency Committee to contract or partner with a facility or facilities other than the Center described in subparagraph A for the purpose of oil pollution technology testing and evaluations provided such a facility or facilities have testing and evaluation capabilities equal to or greater than those of such Center ‘‘ C IN-KIND CONTRIBUTIONS — ‘‘ i IN GENERAL —The Secretary of the department in which the Coast Guard is operating and the Administrator of the Environmental Protection Agency may accept donations of crude oil and crude oil product samples in the form of in-kind contributions for use by the Federal Government for product testing research and development and for other purposes as the Secretary and the Administrator determine appropriate ‘‘ ii USE OF DONATED OIL —Oil accepted under clause i may be used directly by the Secretary and shall be provided to other Federal agencies or departments through interagency agreements to carry out the purposes of this Act ’’ G in paragraph 8 — i in subparagraph A by striking ‘‘subsection b ’’ and inserting ‘‘subsection d ’’ and ii in subparagraph D iii by striking ‘‘subsection b 1 F ’’ and inserting ‘‘subsection d ’’ and H in paragraph 10 — i by striking ‘‘this subsection’’ and inserting ‘‘paragraph 1 ’’ ii by striking ‘‘agencies represented on the Interagency Committee’’ and inserting ‘‘Under Secretary’’ iii by inserting ‘‘ and States and Indian tribes’’ after ‘‘other persons’’ and iv by striking ‘‘subsection b ’’ and inserting ‘‘subsection d ’’ 2 in subsection d by striking ‘‘subsection b ’’ and inserting ‘‘subsection d ’’ 3 in subsection e by striking ‘‘Chairman of the Interagency Committee’’ and inserting ‘‘Chair’’ 4 in subsection f by striking ‘‘subsection c 8 ’’ each place it appears and inserting ‘‘subsection e 8 ’’ 5 by redesignating subsections c through f as subsections e through h respectively and 6 by striking subsections a and b and inserting the following ‘‘ a DEFINITIONS —In this section— ‘‘ 1 the term ‘Chair’ means the Chairperson of the Interagency Committee designated under subsection c 2 ‘‘ 2 the term ‘Commandant’ means the Commandant of the Coast Guard ‘‘ 3 the term ‘institution of higher education’ means an institution of higher education as defined in section 101 a of the Higher Education Act of 1965 20 U S C 1001 a H R 6395—1308 ‘‘ 4 the term ‘Interagency Committee’ means the Interagency Coordinating Committee on Oil Pollution Research established under subsection b ‘‘ 5 the term ‘Under Secretary’ means the Under Secretary of Commerce for Oceans and Atmosphere and ‘‘ 6 the term ‘Vice Chair’ means the Vice Chairperson of the Interagency Committee designated under subsection c 3 ‘‘ b ESTABLISHMENT OF INTERAGENCY COORDINATING COMMITTEE ON OIL POLLUTION RESEARCH — ‘‘ 1 ESTABLISHMENT —There is established an Interagency Coordinating Committee on Oil Pollution Research ‘‘ 2 PURPOSE —The Interagency Committee shall coordinate a comprehensive program of oil pollution research technology development and demonstration among the Federal agencies in cooperation and coordination with industry 4-year institutions of higher education and research institutions State governments and other nations as appropriate and shall foster cost-effective research mechanisms including the joint funding of research ‘‘ c MEMBERSHIP — ‘‘ 1 COMPOSITION —The Interagency Committee shall be composed of— ‘‘ A at least 1 representative of the Coast Guard ‘‘ B at least 1 representative of the National Oceanic and Atmospheric Administration ‘‘ C at least 1 representative of the Environmental Protection Agency ‘‘ D at least 1 representative of the Department of the Interior ‘‘ E at least 1 representative of the Bureau of Safety and Environmental Enforcement ‘‘ F at least 1 representative of the Bureau of Ocean Energy Management ‘‘ G at least 1 representative of the United States Fish and Wildlife Service ‘‘ H at least 1 representative of the Department of Energy ‘‘ I at least 1 representative of the Pipeline and Hazardous Materials Safety Administration ‘‘ J at least 1 representative of the Federal Emergency Management Agency ‘‘ K at least 1 representative of the Navy ‘‘ L at least 1 representative of the Corps of Engineers ‘‘ M at least 1 representative of the United States Arctic Research Commission and ‘‘ N at least 1 representative of each of such other Federal agencies as the President considers to be appropriate ‘‘ 2 CHAIRPERSON —The Commandant shall designate a Chairperson from among the members of the Interagency Committee selected under paragraph 1 A ‘‘ 3 VICE CHAIRPERSON —The Under Secretary shall designate a Vice Chairperson from among the members of the Interagency Committee selected under paragraph 1 B ‘‘ 4 MEETINGS — H R 6395—1309 ‘‘ A QUARTERLY MEETINGS —At a minimum the members of the Interagency Committee shall meet once each quarter ‘‘ B PUBLIC SUMMARIES —After each meeting a summary shall be made available by the Chair or Vice Chair as appropriate ‘‘ d DUTIES OF THE INTERAGENCY COMMITTEE — ‘‘ 1 RESEARCH —The Interagency Committee shall— ‘‘ A coordinate a comprehensive program of oil pollution research technology development and demonstration among the Federal agencies in cooperation and coordination with industry 4-year institutions of higher education and research institutions States Indian tribes and other countries as appropriate and ‘‘ B foster cost-effective research mechanisms including the joint funding of research and the development of public-private partnerships for the purpose of expanding research ‘‘ 2 OIL POLLUTION RESEARCH AND TECHNOLOGY PLAN — ‘‘ A IMPLEMENTATION PLAN —Not later than 180 days after the date of enactment of the Elijah E Cummings Coast Guard Authorization Act of 2020 the Interagency Committee shall submit to Congress a research plan to report on the state of oil discharge prevention and response capabilities that— ‘‘ i identifies current research programs conducted by Federal agencies States Indian tribes 4-year institutions of higher education and corporate entities ‘‘ ii assesses the current status of knowledge on oil pollution prevention response and mitigation technologies and effects of oil pollution on the environment ‘‘ iii identifies significant oil pollution research gaps including an assessment of major technological deficiencies in responses to past oil discharges ‘‘ iv establishes national research priorities and goals for oil pollution technology development related to prevention response mitigation and environmental effects ‘‘ v assesses the research on the applicability and effectiveness of the prevention response and mitigation technologies to each class of oil ‘‘ vi estimates the resources needed to conduct the oil pollution research and development program established pursuant to subsection e and timetables for completing research tasks ‘‘ vii summarizes research on response equipment in varying environmental conditions such as in currents ice cover and ice floes and ‘‘ viii includes such other information or recommendations as the Interagency Committee determines to be appropriate ‘‘ B ADVICE AND GUIDANCE — ‘‘ i NATIONAL ACADEMY OF SCIENCES CONTRACT — The Chair through the department in which the Coast Guard is operating shall contract with the National Academy of Sciences to— H R 6395—1310 ‘‘ I provide advice and guidance in the preparation and development of the research plan ‘‘ II assess the adequacy of the plan as submitted and submit a report to Congress on the conclusions of such assessment and ‘‘ III provide organization guidance regarding the implementation of the research plan including delegation of topics and research among Federal agencies represented on the Interagency Committee ‘‘ ii NIST ADVICE AND GUIDANCE —The National Institute of Standards and Technology shall provide the Interagency Committee with advice and guidance on issues relating to quality assurance and standards measurements relating to its activities under this section ‘‘ C 10-YEAR UPDATES —Not later than 10 years after the date of enactment of the Elijah E Cummings Coast Guard Authorization Act of 2020 and every 10 years thereafter the Interagency Committee shall submit to Congress a research plan that updates the information contained in the previous research plan submitted under this subsection ’’ Subtitle B—Shipping SEC 8311 PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS APPLICATION Section 3507 k 1 of title 46 United States Code is amended— 1 in subparagraph B by adding ‘‘and’’ after the semicolon at the end 2 in subparagraph C by striking ‘‘ and’’ and inserting a period and 3 by striking subparagraph D SEC 8312 SMALL PASSENGER VESSELS AND UNINSPECTED PASSENGER VESSELS Section 12121 of title 46 United States Code is amended— 1 in subsection a 1 by striking subparagraphs A and B and inserting the following ‘‘ A was built in the United States ‘‘ B was not built in the United States and is at least 3 years old or ‘‘ C if rebuilt was rebuilt— ‘‘ i in the United States or ‘‘ ii outside the United States at least 3 years before the certificate requested under subsection b would take effect ’’ and 2 in subsection b by inserting ‘‘12132 ’’ after ‘‘12113 ’’ SEC 8313 NON-OPERATING INDIVIDUAL a IN GENERAL —The Secretary of the department in which the Coast Guard is operating shall not enforce section 8701 of title 46 United States Code with respect to the following 1 A vessel with respect to individuals other than crew members required by the Certificate of Inspection or to ensure the safe navigation of the vessel and not a member of the H R 6395—1311 steward’s department engaged on board for the sole purpose of carrying out spill response activities salvage marine firefighting or commercial diving business or functions from or on any vessel including marine firefighters spill response personnel salvage personnel and commercial divers and diving support personnel 2 An offshore supply vessel an industrial vessel as such term is defined in section 90 10–16 of title 46 Code of Federal Regulations or other similarly engaged vessel with respect to persons engaged in the business of the ship on board the vessel— A for— i supporting or executing the industrial business or function of the vessel ii brief periods to conduct surveys or investigations assess crew competence conduct vessel trials provide extraordinary security resources or similar tasks not traditionally performed by the vessel crew or iii performing maintenance tasks on equipment under warranty or on equipment not owned by the vessel owner or maintenance beyond the capability of the vessel crew to perform and B not the master or crew members required by the certificate of inspection and not a member of the steward’s department b SUNSET —The prohibition in subsection a shall terminate on the date that is 2 years after the date of the enactment of this Act c REPORT — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Commandant shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing recommendations to ensure that personnel working on a vessel who perform work or operate equipment on such vessel not related to the operation of the vessel itself undergo a background check and the appropriate training necessary to ensure personnel safety and the safety of the vessel’s crew 2 CONTENTS —The report required under paragraph 1 shall include at a minimum a discussion of— A options and recommendations for ensuring that the individuals covered by subsection a are appropriately screened to mitigate security and safety risks including to detect substance abuse B communication and collaboration between the Coast Guard the department in which the Coast Guard is operating and relevant stakeholders regarding the development of processes and requirements for conducting background checks and ensuring such individuals receive basic safety familiarization and basic safety training approved by the Coast Guard C any identified legislative changes necessary to implement effective training and screening requirements for individuals covered by subsection a and H R 6395—1312 D the timeline and milestones for implementing such requirements SEC 8314 CONFORMING AMENDMENTS TRAINING PUBLIC SAFETY PERSONNEL Chapter 701 of title 46 United States Code is amended— 1 in section 70107— A in subsection a by striking ‘‘law enforcement personnel’’ and inserting ‘‘public safety personnel’’ B in subsection b 8 by striking ‘‘law enforcement personnel—’’ and inserting ‘‘public safety personnel—’’ and C in subsection c 2 C by striking ‘‘law enforcement agency personnel’’ and inserting ‘‘public safety personnel’’ and 2 in section 70132— A in subsection a by striking ‘‘law enforcement personnel—’’ and inserting ‘‘public safety personnel—’’ B in subsection b by striking ‘‘law enforcement personnel’’ each place it appears and inserting ‘‘public safety personnel’’ and C by adding at the end the following ‘‘ d PUBLIC SAFETY PERSONNEL DEFINED —For the purposes of this section the term ‘public safety personnel’ includes any Federal State or political subdivision thereof territorial or Tribal law enforcement officer firefighter or emergency response provider ’’ SEC 8315 MARITIME TRANSPORTATION ASSESSMENT Section 55501 e of title 46 United States Code is amended— 1 in paragraph 2 by striking ‘‘an assessment of the condition’’ and inserting ‘‘a conditions and performance analysis’’ 2 in paragraph 4 by striking ‘‘ and’’ and inserting a semicolon 3 in paragraph 5 by striking the period and inserting ‘‘ and’’ and 4 by adding at the end the following ‘‘ 6 a compendium of the Federal programs engaged in the maritime transportation system ’’ SEC 8316 ENGINE CUT-OFF SWITCHES USE REQUIREMENT a IN GENERAL —Section 4312 of title 46 United States Code is amended— 1 by redesignating subsections b c and d as subsections c d and e respectively and 2 by inserting after subsection a the following ‘‘ b USE REQUIREMENT — ‘‘ 1 IN GENERAL —An individual operating a covered recreational vessel shall use an engine cut-off switch link while operating on plane or above displacement speed ‘‘ 2 EXCEPTIONS —The requirement under paragraph 1 shall not apply if— ‘‘ A the main helm of the covered vessel is installed within an enclosed cabin or ‘‘ B the vessel does not have an engine cut-off switch and is not required to have one under subsection a ’’ b CIVIL PENALTY —Section 4311 of title 46 United States Code is amended by— H R 6395—1313 1 redesignating subsections c d e f and g as subsections d e f g and h respectively and 2 inserting after subsection b the following ‘‘ c A person violating section 4312 b of this title is liable to the United States Government for a civil penalty of not more than— ‘‘ 1 $100 for the first offense ‘‘ 2 $250 for the second offense and ‘‘ 3 $500 for any subsequent offense ’’ c EFFECTIVE DATE —The amendments made in subsections a and b shall take effect 90 days after the date of the enactment of this section unless the Commandant prior to the date that is 90 days after the date of the enactment of this section determines that the use requirement enacted in subsection a would not promote recreational boating safety SEC 8317 AUTHORITY TO WAIVE OPERATOR OF SELF-PROPELLED UNINSPECTED PASSENGER VESSEL REQUIREMENTS Section 8905 of title 46 United States Code is amended by adding at the end the following ‘‘ c After consultation with the Governor of Alaska and the State boating law administrator of Alaska the Secretary may exempt an individual operating a self-propelled uninspected passenger vessel from the requirements of section 8903 of this title if— ‘‘ 1 the individual only operates such vessel wholly within waters located in Alaska and ‘‘ 2 such vessel is— ‘‘ A 26 feet or less in length and ‘‘ B carrying not more than 6 passengers ’’ SEC 8318 EXEMPTIONS AND EQUIVALENTS a IN GENERAL —Section 4305 of title 46 United States Code is amended— 1 by striking the heading and inserting the following ‘‘§ 4305 Exemptions and equivalents’’ 2 by striking ‘‘If the Secretary’’ and inserting the following ‘‘ a EXEMPTIONS —If the Secretary’’ and 3 by adding at the end the following ‘‘ b EQUIVALENTS —The Secretary may accept a substitution for associated equipment performance or other safety standards for a recreational vessel if the substitution provides an equivalent level of safety ’’ b CLERICAL AMENDMENT —The analysis for chapter 43 of title 46 United States Code is amended by striking the item relating to section 4305 and inserting the following ‘‘4305 Exemptions and equivalents ’’ SEC 8319 RENEWAL OF MERCHANT MARINER LICENSES AND DOCUMENTS Not later than 60 days after the date of the enactment of this Act the Commandant shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate a briefing on the Coast Guard’s implementation of section 7106 of title 46 United States Code— H R 6395—1314 1 an overview of the manner in which the Coast Guard manages and processes renewal applications under such section including communication with the applicant regarding application status 2 the number of applications received and approved over the previous 2 years or in the event applications were denied a summary detailing the reasons for such denial 3 an accounting of renewal applications filed up to 8 months in advance of the expiration of a pre-existing license including the processing of such applications and communication with the applicant regarding application status or any other extenuating circumstances and 4 any other regulatory or statutory changes that would be necessary to further improve the Coast Guard’s issuance of credentials to fully qualified mariners in the most effective and efficient manner possible in order to ensure a safe secure economically and environmentally sound marine transportation system SEC 8320 CERTIFICATE EXTENSIONS a IN GENERAL —Subchapter I of chapter 121 of title 46 United States Code is amended by adding at the end the following ‘‘§ 12108 Authority to extend duration of vessel certificates ‘‘ a CERTIFICATES —Provided a vessel is in compliance with inspection requirements in section 3313 the Secretary of the department in which in the Coast Guard is operating may if the Secretary makes the determination described in subsection b extend for a period of not more than 1 year an expiring certificate of documentation issued for a vessel under chapter 121 ‘‘ b DETERMINATION —The determination referred to in subsection a is a determination that such extension is required to enable the Coast Guard to— ‘‘ 1 eliminate a backlog in processing applications for such certificates or ‘‘ 2 act in response to a national emergency or natural disaster ‘‘ c MANNER OF EXTENSION —Any extension granted under this section may be granted to individual vessels or to a specifically identified group of vessels ’’ b CLERICAL AMENDMENT —The analysis for subchapter I of chapter 121 of title 46 United States Code is amended by adding at the end the following ‘‘12108 Authority to extend duration of vessel certificates ’’ SEC 8321 VESSEL SAFETY STANDARDS a FISHING SAFETY TRAINING GRANTS PROGRAM —Subsection i of section 4502 of title 46 United States Code is amended— 1 in paragraph 3 by striking ‘‘50 percent’’ and inserting ‘‘75 percent’’ and 2 in paragraph 4 by striking ‘‘2019’’ and inserting ‘‘2021’’ b FISHING SAFETY RESEARCH GRANT PROGRAM —Subsection j of such section is amended— 1 in paragraph 3 by striking ‘‘50 percent’’ and inserting ‘‘75 percent’’ and 2 in paragraph 4 by striking ‘‘2019’’ and inserting ‘‘2021’’ H R 6395—1315 c FISHING SAFETY GRANTS —The cap on the Federal share of the cost of any activity carried out with a grant under subsections i and j of section 4502 of title 46 United States Code as in effect prior to the date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018 shall apply to any funds appropriated under the Consolidated Appropriations Act 2017 Public Law 115–31 for the purpose of making such grants SEC 8322 MEDICAL STANDARDS a IN GENERAL —Chapter 35 of title 46 United States Code is amended by adding at the end the following ‘‘§ 3509 Medical standards ‘‘The owner of a vessel to which section 3507 applies shall ensure that— ‘‘ 1 a physician is always present and available to treat any passengers who may be on board the vessel in the event of an emergency situation ‘‘ 2 the vessel is in compliance with the Health Care Guidelines for Cruise Ship Medical Facilities established by the American College of Emergency Physicians and ‘‘ 3 the initial safety briefing given to the passengers on board the vessel includes— ‘‘ A the location of the vessel’s medical facilities and ‘‘ B the appropriate steps passengers should follow during a medical emergency ’’ b CLERICAL AMENDMENT —The analysis for chapter 35 of title 46 United States Code is amended by adding at the end the following ‘‘3509 Medical standards ’’ Subtitle C—Advisory Committees SEC 8331 ADVISORY COMMITTEES a NATIONAL OFFSHORE SAFETY RESENTATION —Section 15106 c 3 of ADVISORY COMMITTEE REPtitle 46 United States Code is amended— 1 in subparagraph C by striking ‘‘mineral and oil operations including geophysical services’’ and inserting ‘‘operations’’ 2 in subparagraph D by striking ‘‘exploration and recovery’’ 3 in subparagraph E by striking ‘‘engaged in diving services related to offshore construction inspection and maintenance’’ and inserting ‘‘providing diving services to the offshore industry’’ 4 in subparagraph F by striking ‘‘engaged in safety and training services related to offshore exploration and construction’’ and inserting ‘‘providing safety and training services to the offshore industry’’ 5 in subparagraph G by striking ‘‘engaged in pipelaying services related to offshore construction’’ and inserting ‘‘providing subsea engineering construction or remotely operated vehicle support to the offshore industry’’ 6 in subparagraph H by striking ‘‘mineral and energy’’ H R 6395—1316 7 in subparagraph I by inserting ‘‘and entities providing environmental protection compliance or response services to the offshore industry’’ after ‘‘national environmental entities’’ and 8 in subparagraph J by striking ‘‘deepwater ports’’ and inserting ‘‘entities engaged in offshore oil exploration and production on the Outer Continental Shelf adjacent to Alaska’’ b TECHNICAL CORRECTIONS —Section 15109 of title 46 United States Code is amended by inserting ‘‘or to which this chapter applies’’ after ‘‘committee established under this chapter’’ each place it appears SEC 8332 MARITIME TRANSPORTATION SYSTEM NATIONAL ADVISORY COMMITTEE a MARITIME TRANSPORTATION SYSTEM NATIONAL ADVISORY COMMITTEE —Chapter 555 of title 46 United States Code is amended by adding at the end the following ‘‘§ 55502 Maritime Transportation System National Advisory Committee ‘‘ a ESTABLISHMENT —There is established a Maritime Transportation System National Advisory Committee in this section referred to as the ‘Committee’ ‘‘ b FUNCTION —The Committee shall advise the Secretary of Transportation on matters relating to the United States maritime transportation system and its seamless integration with other segments of the transportation system including the viability of the United States Merchant Marine ‘‘ c MEMBERSHIP — ‘‘ 1 IN GENERAL —The Committee shall consist of 27 members appointed by the Secretary of Transportation in accordance with this section and section 15109 ‘‘ 2 EXPERTISE —Each member of the Committee shall have particular expertise knowledge and experience in matters relating to the function of the Committee ‘‘ 3 REPRESENTATION —Members of the Committee shall be appointed as follows ‘‘ A At least one member shall represent the Environmental Protection Agency ‘‘ B At least one member shall represent the Department of Commerce ‘‘ C At least one member shall represent the Corps of Engineers ‘‘ D At least one member shall represent the Coast Guard ‘‘ E At least one member shall represent Customs and Border Protection ‘‘ F At least one member shall represent State and local governmental entities ‘‘ G Additional members shall represent private sector entities that reflect a cross-section of maritime industries including port and water stakeholders academia and labor ‘‘ H The Secretary may appoint additional representatives from other Federal agencies as the Secretary considers appropriate H R 6395—1317 ‘‘ 4 RESTRICTIONS ON MEMBERS REPRESENTING FEDERAL AGENCIES —Members of the Committee that represent Federal agencies shall not— ‘‘ A comprise more than one-third of the total membership of the Committee or of any subcommittee therein or ‘‘ B serve as the chair or co-chair of the Committee or of any subcommittee therein ‘‘ 5 ADMINISTRATION —For purposes of section 15109— ‘‘ A the Committee shall be treated as a committee established under chapter 151 and ‘‘ B the Secretary of Transportation shall fulfill all duties and responsibilities and have all authorities of the Secretary of Homeland Security with regard to the Committee ’’ b TREATMENT OF EXISTING COMMITTEE —Notwithstanding any other provision of law— 1 an advisory committee substantially similar to the Committee established by section 55502 of title 46 United States Code and that was in force or in effect on the day before the date of the enactment of this Act including the charter membership and other aspects of such advisory committee may remain in force or in effect for the 2-year period beginning on the date of the enactment of this section and 2 during such 2-year period— A requirements relating the Maritime Transportation System National Advisory Committee established by such section shall be treated as satisfied by such substantially similar advisory committee and B the enactment of this section shall not be the basis— i to deem find or declare such committee including the charter membership and other aspects thereof void not in force or not in effect ii to suspend the activities of such committee or iii to bar the members of such committee from a meeting c CLERICAL AMENDMENT —The analysis for chapter 555 of title 46 United States Code is amended by adding at the end the following ‘‘55502 Maritime Transportation System National Advisory Committee ’’ d MARINE HIGHWAYS — 1 REPEAL —Section 55603 of title 46 United States Code and the item relating to that section in the analysis for chapter 556 of that title are repealed 2 MARINE HIGHWAYS PROGRAM —The chapter heading of chapter 556 of title 46 United States Code is amended to read ‘‘MARINE HIGHWAYS’’ 3 MARINE HIGHWAYS —Section 55601 of title 46 United States Code is amended— A in the section heading by striking ‘‘Short sea’’ and inserting ‘‘Marine highways’’ B by striking ‘‘short sea’’ and inserting ‘‘marine highway’’ each place such term appears C in subsection a — H R 6395—1318 i by striking ‘‘transportation program’’ and inserting ‘‘transportation program to be known as the ‘America’s Marine highway program’ ’’ and ii by striking ‘‘mitigate landside congestion or to promote short sea transportation’’ and insert ‘‘provide a coordinated and capable alternative to landside transportation or to promote marine highway transportation’’ and D in subsection b — i in the subsection heading by striking ‘‘SHORT SEA TRANSPORTATION’’ and inserting ‘‘MARINE HIGHWAY TRANSPORTATION’’ and ii by striking paragraph 1 and inserting the following ‘‘ 1 vessels documented under chapter 121 of this title ’’ 4 CARGO AND SHIPPERS INTERAGENCY COORDINATION AND RESEARCH —Sections 55602 and 55604 of title 46 United States Code are amended by striking ‘‘short sea’’ and inserting ‘‘marine highway’’ each place such term appears 5 RESEARCH ON MARINE HIGHWAYS TRANSPORTATION — Section 55604 of title 46 United States Code is amended in the section heading by striking ‘‘short sea’’ and inserting ‘‘marine highway’’ 6 DEFINITION —Section 55605 of title 46 United States Code is amended— A in the section heading by striking ‘‘Short sea’’ and inserting ‘‘Marine highway’’ and B by striking ‘‘short sea transportation’’ and inserting ‘‘marine highway transportation’’ 7 CLERICAL AMENDMENTS —The analysis for chapter 556 of title 46 United States Code is amended— A by striking the item related to chapter 556 and inserting the following ‘‘CHAPTER 556—MARINE HIGHWAYS’’ B by striking the item related to section 55601 and inserting the following ‘‘55601 Marine highways transportation program ’’ C by striking the item related to section 55604 and inserting the following ‘‘55604 Research on marine highway transportation ’’ and D by striking the item related to section 55605 and inserting the following ‘‘55605 Marine highway transportation defined ’’ SEC 8333 EXPIRED MARITIME LIENS Section 31343 e of title 46 United States Code is amended— 1 by inserting ‘‘ 1 ’’ before ‘‘A notice’’ and 2 by inserting after paragraph 1 as so designated by this section the following ‘‘ 2 On expiration of a notice of claim of lien under paragraph 1 and after a request by the vessel owner the Secretary shall annotate the abstract of title to reflect the expiration of the lien ’’ SEC 8334 GREAT LAKES PILOTAGE ADVISORY COMMITTEE a IN GENERAL —Section 9307 of title 46 United States Code is amended— 1 in subsection b — H R 6395—1319 A in paragraph 1 by striking ‘‘seven’’ and inserting ‘‘8’’ and B in paragraph 2 — i in subparagraph B by striking ‘‘representing the interests of’’ and inserting ‘‘chosen from among nominations made by’’ ii in subparagraph C by striking ‘‘representing the interests of Great Lakes ports’’ and inserting ‘‘chosen from among nominations made by Great Lakes port authorities and marine terminals’’ iii in subparagraph D — I by striking ‘‘representing the interests of’’ and inserting ‘‘chosen from among nominations made by’’ and II by striking ‘‘ and’’ and inserting a semicolon iv by redesignating subparagraph E as subparagraph F v by inserting after subparagraph D the following ‘‘ E one member chosen from among nominations made by Great Lakes maritime labor organizations and’’ and vi in subparagraph F as so redesignated by striking ‘‘with a background in finance or accounting ’’ and 2 in subsection f 1 by striking ‘‘2020’’ and inserting ‘‘2030’’ b COMMITTEE DEEMED NOT EXPIRED —Notwithstanding section 9307 f 1 of title 46 United States Code in any case in which the date of enactment of this Act occurs after September 30 2020 the Great Lakes Pilotage Advisory Committee in existence as of September 30 2020 shall be deemed not expired during the period beginning on September 30 2020 through the date of enactment of this Act Accordingly the committee membership charter and the activities of such Committee shall continue as though such Committee had not expired SEC 8335 NATIONAL COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE a NATIONAL COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE — 1 AMENDMENTS TO SECTION 15102 —Section 15102 of title 46 United States Code is amended— A in subsection b — i in paragraph 1 — I by inserting ‘‘and provide recommendations in writing to’’ after ‘‘advise’’ and II in subparagraph E by striking ‘‘and’’ after the semicolon and ii in paragraph 2 — I by striking the period and inserting ‘‘ and’’ and II by adding at the end the following ‘‘ 3 review marine casualties and investigations of vessels covered by chapter 45 of this title and make recommendations to the Secretary to improve safety and reduce vessel casualties ’’ and H R 6395—1320 B by adding at the end the following ‘‘ d QUORUM —A quorum of 10 members is required to send any written recommendations from the Committee to the Secretary ‘‘ e SAVINGS CLAUSE —Nothing in this section shall preclude the Secretary from taking emergency action to ensure safety and preservation of life at sea ’’ 2 AMENDMENTS TO SECTION 15109 —Section 15109 of title 46 United States Code is amended— A in subsection a — i by striking ‘‘Each’’ and inserting the following ‘‘ 1 IN GENERAL —Except as provided in paragraph 2 each’’ and ii by adding at the end the following ‘‘ 2 MINIMUM REQUIREMENTS —The committee established under section 15102 shall— ‘‘ A meet in-person not less frequently than twice each year at the call of the Secretary of a majority of the members of the committee ‘‘ B hold additional meetings as necessary ‘‘ C post the minutes of each meeting of the committee on a publicly available website not later than 2 weeks after the date on which a meeting concludes and ‘‘ D provide reasonable public notice of any meeting of the committee and publish such notice in the Federal Register and on a publicly available website ’’ B in subsection f 8 — i by striking ‘‘Notwithstanding’’ and inserting the following ‘‘ A REAPPOINTMENT —Notwithstanding’’ and ii by adding at the end the following ‘‘ B LIMITATION —With respect to the committee established under section 15102 members may serve not more than 3 terms ’’ C in subsection j 3 — i in subparagraph B by striking ‘‘and’’ ii in subparagraph C by striking the period and inserting ‘‘ and’’ and iii by adding at the end the following ‘‘ D make all responses required by subparagraph C which are related to recommendations made by the committee established under section 15102 available to the public not later than 30 days after the date of response ’’ D by amending subsection k to read as follows ‘‘ k OBSERVERS — ‘‘ 1 IN GENERAL —Any Federal agency with matters under such agency’s administrative jurisdiction related to the function of a committee established under this chapter may designate a representative to— ‘‘ A attend any meeting of such committee and ‘‘ B participate as an observer at meetings of such committee that relate to such a matter ‘‘ 2 NATIONAL COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE —With respect to the committee established under section 15102 the Commandant of the Coast Guard shall designate a representative under paragraph 1 ’’ E in subsection l by striking ‘‘2027’’ and inserting ‘‘2029’’ H R 6395—1321 F by redesignating subsection l as subsection m G by inserting after subsection k the following ‘‘ l TECHNICAL ASSISTANCE — ‘‘ 1 IN GENERAL —The Secretary shall provide technical assistance to the Committee if requested by the Chairman ‘‘ 2 COMMITTEE CONSULTATION —With respect to the committee established under section 15102 the Chairman of the committee shall seek expertise from the fishing industry marine safety experts the shipbuilding industry and others as the committee determines appropriate ’’ and H by adding at the end the following ‘‘ n SAVINGS CLAUSE —Nothing in this section shall preclude the Secretary from taking emergency action to ensure safety and preservation of life at sea ’’ SEC 8336 EXEMPTION OF COMMERCIAL FISHING VESSELS OPERATING IN ALASKAN REGION FROM GLOBAL MARITIME DISTRESS AND SAFETY SYSTEM REQUIREMENTS OF FEDERAL COMMUNICATIONS COMMISSION a DEFINITION OF SECRETARY —In this section the term ‘‘Secretary’’ means the Secretary of the department in which the Coast Guard is operating b EXEMPTION —Subject to subsection c the Federal Communications Commission shall exempt fishing vessels that primarily operate in the Alaskan Region including fishing vessels that transit from States in the Pacific Northwest to conduct fishing operations in the Alaskan Region from the requirements relating to carriage of VHF–DSC and MF–DSC equipment under subpart W of part 80 of title 47 Code of Federal Regulations or any successor regulation c FUNCTIONAL REQUIREMENTS —A fishing vessel exempted under subsection b shall— 1 be capable of transmitting ship-to-shore distress alerts using not fewer than 2 separate and independent systems each using a different radio communication service 2 be equipped with— A a VHF radiotelephone installation B an MF or HF radiotelephone installation C a Category 1 406 0–406 1 MHz EPIRB meeting the requirements of section 80 1061 of title 47 Code of Federal Regulations or any successor regulation D a NAVTEX receiver meeting the requirements of section 80 1101 c 1 of title 47 Code of Federal Regulations or any successor regulation E survival craft equipment meeting the requirements of section 80 1095 of title 47 Code of Federal Regulations or any successor regulation and F a Search and Rescue Transponder meeting the requirements of section 80 1101 c 6 of title 47 Code of Federal Regulations or any successor regulation 3 maintain a continuous watch on VHF Channel 16 and 4 as an alternative to the equipment listed in subparagraphs A through F of paragraph 2 carry equipment found by the Federal Communications Commission in consultation with the Secretary to be equivalent or superior with respect to ensuring the safety of the vessel H R 6395—1322 d DEFINITION OF ALASKAN REGION —Not later than 30 days after the date of enactment of this Act the Secretary shall define the term ‘‘Alaskan Region’’ for purposes of this section The Secretary shall include in the definition of such term the area of responsibility of Coast Guard District 17 Subtitle D—Ports SEC 8341 PORT HARBOR AND COASTAL FACILITY SECURITY Section 70116 of title 46 United States Code is amended— 1 in subsection a by inserting ‘‘ cyber incidents transnational organized crime and foreign state threats’’ after ‘‘an act of terrorism’’ 2 in subsection b — A in paragraphs 1 and 2 by inserting ‘‘cyber incidents transnational organized crime and foreign state threats’’ after ‘‘terrorism’’ each place it appears and B in paragraph 3 — i by striking ‘‘armed’’ and inserting ‘‘ armed as needed ’’ and ii by striking ‘‘terrorism or transportation security incidents ’’ and inserting ‘‘terrorism cyber incidents transnational organized crime foreign state threats or transportation security incidents ’’ and 3 in subsection c — A by striking ‘‘70034 ’’ and inserting ‘‘70033 ’’ and B by adding at the end the following new sentence ‘‘When preventing or responding to acts of terrorism cyber incidents transnational organized crime or foreign state threats the Secretary may carry out this section without regard to chapters 5 and 6 of title 5 or Executive Order Nos 12866 and 13563 ’’ SEC 8342 AIMING LASER POINTER AT VESSEL a IN GENERAL —Subchapter II of chapter 700 of title 46 United States Code is amended by adding at the end the following ‘‘§ 70014 Aiming laser pointer at vessel ‘‘ a PROHIBITION —It shall be unlawful to cause the beam of a laser pointer to strike a vessel operating on the navigable waters of the United States ‘‘ b EXCEPTIONS —This section shall not apply to a member or element of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research development operations testing or training ‘‘ c LASER POINTER DEFINED —In this section the term ‘laser pointer’ means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate mark or identify a specific position place item or object ’’ b CLERICAL AMENDMENT —The analysis for subchapter II of chapter 700 of title 46 United States Code is amended by adding at the end the following ‘‘70014 Aiming laser pointer at vessel ’’ H R 6395—1323 SEC 8343 SAFETY OF SPECIAL ACTIVITIES a IN GENERAL —The Secretary of the department in which the Coast Guard is operating shall conduct a 2-year pilot program to establish and implement a process to— 1 establish safety zones to address special activities in the exclusive economic zone 2 account for the number of safety zones established for special activities 3 differentiate whether an applicant who requests a safety zone for such activities is— A an individual B an organization or C a government entity and 4 account for Coast Guard resources utilized to enforce safety zones established for special activities including— A the number of Coast Guard or Coast Guard Auxiliary vessels used and B the number of Coast Guard or Coast Guard Auxiliary patrol hours required b BRIEFING —Not later than 180 days after the expiration of the 2-year pilot program the Commandant shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate regarding— 1 the process required under subsection a and 2 whether the authority to establish safety zones to address special activities in the exclusive economic zone should be extended or made permanent in the interest of safety c DEFINITIONS —In this section 1 SAFETY ZONE —The term ‘‘safety zone’’ has the meaning given such term in section 165 20 of title 33 Code of Federal Regulations 2 SPECIAL ACTIVITIES —The term ‘‘special activities’’ includes— A space activities including launch and reentry as such terms are defined in section 50902 of title 51 United States Code carried out by United States citizens and B offshore energy development activities as described in section 8 p 1 C of the Outer Continental Shelf Lands Act 43 U S C 1337 p 1 C on or near a fixed platform 3 UNITED STATES CITIZEN —The term ‘‘United States citizen’’ has the meaning given the term ‘‘eligible owners’’ in section 12103 of title 46 United States Code 4 FIXED PLATFORM —The term ‘‘fixed platform’’ means an artificial island installation or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes SEC 8344 SECURITY PLANS REVIEWS Section 70103 of title 46 United States Code is amended— 1 by amending subsection b 3 to read as follows ‘‘ 3 The Secretary shall review and approve Area Maritime Transportation Security Plans and updates under this subsection ’’ and 2 in subsection c 4 by inserting ‘‘or update’’ after ‘‘plan’’ each place it appears H R 6395—1324 SEC 8345 VESSEL TRAFFIC SERVICE Section 70001 of title 46 United States Code is amended to read as follows ‘‘§ 70001 Vessel traffic services ‘‘ a IN GENERAL —Subject to the requirements of section 70004 the Secretary— ‘‘ 1 in any port or place under the jurisdiction of the United States in the navigable waters of the United States or in any area covered by an international agreement negotiated pursuant to section 70005 may construct operate maintain improve or expand vessel traffic services that consist of measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment and that may include one or more of reporting and operating requirements surveillance and communications systems routing systems and fairways ‘‘ 2 shall require appropriate vessels that operate in an area of a vessel traffic service to utilize or comply with that service ‘‘ 3 may require vessels to install and use specified navigation equipment communications equipment electronic relative motion analyzer equipment or any electronic or other device necessary to comply with a vessel traffic service or that is necessary in the interests of vessel safety except that the Secretary shall not require fishing vessels under 300 gross tons as measured under section 14502 or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104 or recreational vessels 65 feet or less to possess or use the equipment or devices required by this subsection solely under the authority of this chapter ‘‘ 4 may control vessel traffic in areas subject to the jurisdiction of the United States that the Secretary determines to be hazardous or under conditions of reduced visibility adverse weather vessel congestion or other hazardous circumstances by— ‘‘ A specifying times of entry movement or departure ‘‘ B establishing vessel traffic routing schemes ‘‘ C establishing vessel size speed or draft limitations and vessel operating conditions and ‘‘ D restricting operation in any hazardous area or under hazardous conditions to vessels that have particular operating characteristics or capabilities that the Secretary considers necessary for safe operation under the circumstances ‘‘ 5 may require the receipt of prearrival messages from any vessel destined for a port or place subject to the jurisdiction of the United States in sufficient time to permit advance vessel traffic planning before port entry which shall include any information that is not already a matter of record and that the Secretary determines necessary for the control of the vessel and the safety of the port or the marine environment and ‘‘ 6 may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment except that such authority shall not apply to electronic or other devices certified to transmit in the maritime services by the Federal Communications Commission and used H R 6395—1325 within the frequency bands 157 1875–157 4375 MHz and 161 7875–162 0375 MHz ‘‘ b NATIONAL POLICY — ‘‘ 1 ESTABLISHMENT AND UPDATE OF NATIONAL POLICY — ‘‘ A ESTABLISHMENT OF POLICY —Not later than one year after the date of enactment of this section the Secretary shall establish a national policy which is inclusive of local variances permitted under subsection c to be applied to all vessel traffic service centers and publish such policy in the Federal Register ‘‘ B UPDATE —The Secretary shall periodically update the national policy established under subparagraph A and shall publish such update in the Federal Register or on a publicly available website ‘‘ 2 ELEMENTS —The national policy established and updated under paragraph 1 shall include at a minimum the following ‘‘ A Standardization of titles roles and responsibilities for all personnel assigned working or employed in a vessel traffic service center ‘‘ B Standardization of organizational structure within vessel traffic service centers to include supervisory and reporting chain and processes ‘‘ C Establishment of directives for the application of authority provided to each vessel traffic service center specifically with respect to directing or controlling vessel movement when such action is justified in the interest of safety ‘‘ D Establishment of thresholds and measures for monitoring informing recommending and directing vessel traffic ‘‘ E Establishment of national procedures and protocols for vessel traffic management ‘‘ F Standardization of training for all vessel traffic service directors operators and watchstanders ‘‘ G Establishment of certification and competency evaluation for all vessel traffic service directors operators and watchstanders ‘‘ H Establishment of standard operating language when communicating with vessel traffic users ‘‘ I Establishment of data collection storage management archiving and dissemination policies and procedures for vessel incidents and near-miss incidents ‘‘ c LOCAL VARIANCES — ‘‘ 1 DEVELOPMENT —In this section the Secretary may provide for such local variances as the Secretary considers appropriate to account for the unique vessel traffic waterway characteristics and any additional factors that are appropriate to enhance navigational safety in any area where vessel traffic services are provided ‘‘ 2 REVIEW AND APPROVAL BY SECRETARY —The Captain of the Port covered by a vessel traffic service center may develop and submit to the Secretary regional policies in addition to the national policy established and updated under subsection b to account for variances from that national policy with respect to local vessel traffic conditions and volume geography H R 6395—1326 water body characteristics waterway usage and any additional factors that the Captain considers appropriate ‘‘ 3 REVIEW AND IMPLEMENTATION —Not later than 180 days after receiving regional policies under paragraph 2 — ‘‘ A the Secretary shall review such regional policies and ‘‘ B the Captain of the port concerned shall implement the policies that the Secretary approves ‘‘ 4 MAINTENANCE —The Secretary shall maintain a central depository for all local variances approved under this section ‘‘ d COOPERATIVE AGREEMENTS — ‘‘ 1 IN GENERAL —The Secretary may enter into cooperative agreements with public or private agencies authorities associations institutions corporations organizations or other persons to carry out the functions under subsection a 1 ‘‘ 2 INTERNATIONAL COORDINATION —With respect to vessel traffic service areas that cross international boundaries the Secretary may enter into bilateral or cooperative agreements with international partners to jointly carry out the functions under subsection a 1 and to jointly manage such areas to collect share assess and analyze information in the possession or control of the international partner ‘‘ 3 LIMITATION — ‘‘ A INHERENTLY GOVERNMENTAL FUNCTION —A nongovernmental entity may not under this subsection carry out an inherently governmental function ‘‘ B DEFINITION OF INHERENTLY GOVERNMENTAL FUNCTION —In this paragraph the term ‘inherently governmental function’ means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of judgment in making a decision for the Government ‘‘ 4 DISCLOSURE —The Commandant of the Coast Guard shall de-identify information prior to release to the public including near miss incidents ‘‘ e PERFORMANCE EVALUATION — ‘‘ 1 IN GENERAL —The Secretary shall develop and implement a standard method for evaluating the performance of vessel traffic service centers ‘‘ 2 ELEMENTS —The standard method developed and implemented under paragraph 1 shall include at a minimum analysis and collection of data with respect to the following within a vessel traffic service area covered by each vessel traffic service center ‘‘ A Volume of vessel traffic categorized by type of vessel ‘‘ B Total volume of flammable combustible or hazardous liquid cargo transported categorized by vessel type as provided in the Notice of Arrival if applicable or as determined by other means ‘‘ C Data on near-miss incidents ‘‘ D Data on marine casualties H R 6395—1327 ‘‘ E Application by vessel traffic operators of traffic management authority during near-miss incidents and marine casualties ‘‘ F Other additional methods as the Secretary considers appropriate ‘‘ 3 REPORT —Not later than 1 year after the date of the enactment of this paragraph and biennially thereafter the Secretary shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the evaluation conducted under paragraph 1 of the performance of vessel traffic service centers including— ‘‘ A recommendations to improve safety and performance and ‘‘ B data regarding marine casualties and near-miss incidents that have occurred during the period covered by the report ‘‘ f RISK ASSESSMENT PROGRAM — ‘‘ 1 IN GENERAL —The Secretary shall develop a continuous risk assessment program to evaluate and mitigate safety risks for each vessel traffic service area to improve safety and reduce the risks of oil and hazardous material discharge in navigable waters ‘‘ 2 METHOD FOR ASSESSMENT —The Secretary in coordination with stakeholders and the public shall develop a standard method for conducting risk assessments under paragraph 1 that includes the collection and management of all information necessary to identify and analyze potential hazardous navigational trends within a vessel traffic service area ‘‘ 3 INFORMATION TO BE ASSESSED — ‘‘ A IN GENERAL —The Secretary shall ensure that a risk assessment conducted under paragraph 1 includes an assessment of the following ‘‘ i Volume of vessel traffic categorized by type of vessel ‘‘ ii Total volume of flammable combustible or hazardous liquid cargo transported categorized by vessel type as provided in the Notice of Arrival if applicable or as determined by other means ‘‘ iii Data on near-miss events incidents ‘‘ iv Data on marine casualties ‘‘ v Geographic locations for near-miss events incidents and marine casualties including latitude and longitude ‘‘ vi Cyclical risk factors such as weather seasonal water body currents tides bathymetry and topography ‘‘ vii Weather data in coordination with the National Oceanic and Atmospheric Administration ‘‘ B INFORMATION STORAGE AND MANAGEMENT POLICIES —The Secretary shall retain all information collected under subparagraph A and ensure policies and procedures are in place to standardize the format in which that information is retained to facilitate statistical analysis of that information to calculate within a vessel traffic service H R 6395—1328 area at a minimum the incident rate intervention rate and casualty prevention rate ‘‘ 4 PUBLIC AVAILABILITY — ‘‘ A ASSESSMENTS AND INFORMATION —In accordance with section 552 of title 5 the Secretary shall make any risk assessments conducted under paragraph 1 and any information collected under paragraph 3 A available to the public ‘‘ B INFORMATION IN POSSESSION OR CONTROL OF INTERNATIONAL PARTNERS —The Secretary shall endeavor to coordinate with international partners as described in subsection d 2 to enter into agreements to make information collected shared and analyzed under that paragraph available to the public ‘‘ C DISCLOSURE —The Commandant of the Coast Guard shall de-identify information prior to release to the public including near-miss incidents ‘‘ g VESSEL TRAFFIC SERVICE TRAINING — ‘‘ 1 TRAINING PROGRAM — ‘‘ A IN GENERAL —The Secretary shall develop a comprehensive nationwide training program for all vessel traffic service directors operators and watchstanders ‘‘ B ELEMENTS —The comprehensive nationwide training program under subparagraph A and any variances to that program under subsection c shall include at a minimum the following ‘‘ i Realistic vessel traffic scenarios to the maximum extent practicable that integrate— ‘‘ I the national policy developed under subsection b ‘‘ II international rules under the International Navigational Rules Act of 1977 33 U S C 1601 et seq ‘‘ III inland navigation rules under part 83 of title 33 Code of Federal Regulations ‘‘ IV the application of vessel traffic authority and ‘‘ V communication with vessel traffic service users ‘‘ ii Proficiency training with respect to use interpretation and integration of available data on vessel traffic service display systems such as radar and vessel automatic identification system feeds ‘‘ iii Practical application of— ‘‘ I the international rules under the International Navigational Rules Act of 1977 33 U S C 1601 et seq and ‘‘ II the inland navigation rules under part 83 of title 33 Code of Federal Regulations ‘‘ iv Proficiency training with respect to the operation of radio communications equipment and any other applicable systems necessary to execute vessel traffic service authorities ‘‘ v Incorporation of the Standard Marine Communication Phrases adopted by the International Maritime Organization by resolution on April 4 2000 as amended and consolidated or any successor resolution H R 6395—1329 ‘‘ vi Incorporation to the maximum extent possible of guidance and recommendations contained in vessel traffic services operator training vessel traffic services supervisor training or other relevant training set forth by the International Association of Marine Aids to Navigation and Lighthouse Authorities ‘‘ vii A minimum number of hours of training for an individual to complete before the individual is qualified to fill a vessel traffic services position without supervision ‘‘ viii Local area geographic and operational familiarization ‘‘ ix Such additional components as the Secretary considers appropriate ‘‘ 2 STANDARD COMPETENCY QUALIFICATION PROCESS — ‘‘ A IN GENERAL —The Secretary shall develop a standard competency qualification process to be applied to all personnel assigned employed or working in a vessel traffic service center ‘‘ B APPLICATION OF PROCESS —The competency qualification process developed under subparagraph A shall include measurable thresholds for determining proficiency ‘‘ 3 INTERNATIONAL AND INLAND NAVIGATION RULES TEST — ‘‘ A IN GENERAL —All personnel assigned employed or working in a vessel traffic service center with responsibilities that include communicating interacting or directing vessels within a vessel traffic service area as determined under the national policy developed under subsection b shall be required to pass a United States international and inland navigation rules test developed by the Secretary ‘‘ B ELEMENTS OF TEST —The Secretary shall determine the content and passing standard for the rules test developed under subparagraph A ‘‘ C TESTING FREQUENCY —The Secretary shall establish a frequency not to exceed once every 5 years for personnel described in subparagraph A to be required to pass the rules test developed under such subparagraph ‘‘ h RESEARCH ON VESSEL TRAFFIC — ‘‘ 1 VESSEL COMMUNICATION —The Secretary shall conduct research in consultation with subject matter experts identified by the Secretary to develop more effective procedures for monitoring vessel communications on radio frequencies to identify and address unsafe situations in a vessel traffic service area The Secretary shall consider data collected under subparagraph A of subsection f 3 ‘‘ 2 PROFESSIONAL MARINER REPRESENTATION — ‘‘ A IN GENERAL —The Secretary shall conduct research in consultation with local stakeholders and subject matter experts identified by the Secretary to evaluate and determine the feasibility costs and benefits of representation by professional mariners on the vessel traffic service watchfloor at each vessel traffic service center ‘‘ B IMPLEMENTATION —The Secretary shall implement representation by professional mariners on the vessel H R 6395—1330 traffic service watchfloor at those vessel traffic service centers for which it is determined feasible and beneficial pursuant to research conducted under subparagraph A ‘‘ i INCLUSION OF IDENTIFICATION SYSTEM ON CERTAIN VESSELS — ‘‘ 1 IN GENERAL —The National Navigation Safety Advisory Committee shall advise and provide recommendations to the Secretary on matters relating to the practicability economic costs regulatory burden and navigational impact of outfitting vessels lacking independent means of propulsion that carry flammable combustible or hazardous liquid cargo with vessel automatic identification systems ‘‘ 2 REGULATIONS —Based on the evaluation under paragraph 1 the Secretary shall prescribe such regulations as the Secretary considers appropriate to establish requirements relating to the outfitting of vessels described in such subparagraph with vessel automatic identification systems ‘‘ j PERIODIC REVIEW OF VESSEL TRAFFIC SERVICE NEEDS — ‘‘ 1 IN GENERAL —Based on the performance evaluation conducted under subsection e and the risk assessment conducted under subsection f the Secretary shall periodically review vessel traffic service areas to determine— ‘‘ A if there are any additional vessel traffic service needs in those areas and ‘‘ B if a vessel traffic service area should be moved or modified ‘‘ 2 INFORMATION TO BE ASSESSED — ‘‘ A IN GENERAL —The Secretary shall ensure that a review conducted under paragraph 1 includes an assessment of the following ‘‘ i Volume of vessel traffic categorized by type of vessel ‘‘ ii Total volume of flammable combustible or hazardous liquid cargo transported categorized by vessel type as provided in the Notice of Arrival if applicable or as determined by other means ‘‘ iii Data on near miss incidents ‘‘ iv Data on marine casualties ‘‘ v Geographic locations for near-miss incidents and marine casualties including latitude and longitude ‘‘ vi Cyclical risk factors such as weather seasonal water body currents tides bathymetry and topography ‘‘ vii Weather data in coordination with the National Oceanic and Atmospheric Administration ‘‘ 3 STAKEHOLDER INPUT —In conducting the periodic reviews under paragraph 1 the Secretary shall seek input from port and waterway stakeholders to identify areas of increased vessel conflicts or marine casualties that could benefit from the use of routing measures or vessel traffic service special areas to improve safety port security and environmental protection ‘‘ 4 DISCLOSURE —The Commandant of the Coast Guard shall de-identify information prior to release to the public including near miss incidents H R 6395—1331 ‘‘ k LIMITATION OF LIABILITY FOR COAST GUARD VESSEL TRAFFIC SERVICE PILOTS AND NON-FEDERAL VESSEL TRAFFIC SERVICE OPERATORS — ‘‘ 1 COAST GUARD VESSEL TRAFFIC SERVICE PILOTS —Any pilot acting in the course and scope of his or her duties while at a Coast Guard Vessel Traffic Service Center who provides information advice or communication assistance while under the supervision of a Coast Guard officer member or employee shall not be liable for damages caused by or related to such assistance unless the acts or omissions of such pilot constitute gross negligence or willful misconduct ‘‘ 2 NON-FEDERAL VESSEL TRAFFIC SERVICE OPERATORS — An entity operating a non-Federal vessel traffic information service or advisory service pursuant to a duly executed written agreement with the Coast Guard and any pilot acting on behalf of such entity is not liable for damages caused by or related to information advice or communication assistance provided by such entity or pilot while so operating or acting unless the acts or omissions of such entity or pilot constitute gross negligence or willful misconduct ‘‘ l EXISTING AUTHORITY —Nothing in this section shall be construed to alter the existing authorities of the Secretary to enhance navigation vessel safety marine environmental protection and to ensure safety and preservation of life and property at sea ‘‘ m DEFINITIONS —In this section ‘‘ 1 HAZARDOUS LIQUID CARGO —The term ‘hazardous liquid cargo’ has the meaning given that term in regulations prescribed under section 5103 of title 49 ‘‘ 2 MARINE CASUALTY —The term ‘marine casualty’ has the meaning given that term in regulations prescribed under section 6101 a ‘‘ 3 VESSEL TRAFFIC SERVICE AREA —The term ‘vessel traffic service area’ means an area specified in subpart C of part 161 of title 33 Code of Federal Regulations or any successor regulation ‘‘ 4 VESSEL TRAFFIC SERVICE CENTER —The term ‘vessel traffic service center’ means a center for the provision of vessel traffic services in a vessel traffic service area ‘‘ 5 NEAR MISS INCIDENT —The term ‘near miss incident’ means any occurrence or series of occurrences having the same origin involving one or more vessels facilities or any combination thereof resulting in the substantial threat of a marine casualty ‘‘ 6 DE-IDENTIFIED —The term ‘de-identified’ means the process by which all information that is likely to establish the identity of the specific persons or entities noted in the reports data or other information is removed from the reports data or other information ’’ SEC 8346 TRANSPORTATION WORK IDENTIFICATION CARD PILOT PROGRAM Section 70105 g of title 46 United States Code is amended by striking ‘‘shall concurrently’’ and all that follows and inserting the following ‘‘shall— ‘‘ 1 develop and no later than 2 years after the date of enactment of the Elijah E Cummings Coast Guard Authorization Act of 2020 implement a joint application for H R 6395—1332 merchant mariner’s documents under chapter 73 and for a transportation security card issued under this section and ‘‘ 2 upon receipt of a joint application developed under paragraph 1 concurrently process an application from an individual for merchant mariner’s documents under chapter 73 and an application from such individual for a transportation security card under this section ’’ TITLE LVXXXIV—MISCELLANEOUS Sec Sec Sec Sec Sec 8401 8402 8403 8404 8405 Subtitle A—Navigation and Shipping Coastwise trade Towing vessels operating outside boundary line Sense of Congress regarding the maritime industry of the United States Cargo preference study Towing vessel inspection fees review Subtitle B—Maritime Domain Awareness Unmanned maritime systems and satellite vessel tracking technologies Unmanned aircraft systems testing Land-based unmanned aircraft system program of Coast Guard 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 Sec Sec Sec Sec 8411 8412 8413 8414 Sec Sec Sec Sec Sec Sec 8421 8422 8423 8424 8425 8426 Sec Sec Sec Sec Sec Sec 8431 8432 8433 8434 8435 8436 Sec 8437 Sec 8438 Sec 8439 Sec 8440 Sec 8441 Subtitle C—Arctic Coast Guard Arctic prioritization Arctic PARS Native engagement Voting requirement Report on the Arctic capabilities of the Armed Forces Report on Arctic search and rescue Arctic Shipping Federal Advisory Committee Subtitle D—Other Matters Plan for wing-in-ground demonstration plan Northern Michigan oil spill response planning Documentation of LNG tankers Replacement vessel Educational vessel Waters deemed not navigable waters of the United States for certain purposes Anchorages Comptroller General of the United States study and report on vertical evacuation for tsunamis at Coast Guard Stations in Washington and Oregon Authority to enter into agreements with National Coast Guard Museum Association Video equipment access and retention of records Regulations for covered small passenger vessels Subtitle A—Navigation and Shipping SEC 8401 COASTWISE TRADE a IN GENERAL —The Commandant shall review the adequacy of and continuing need for provisions in title 46 Code of Federal Regulations that require a United States vessel documented under chapter 121 of title 46 United States Code possessing a coastwise endorsement under that chapter and engaged in coastwise trade to comply with regulations for vessels engaged in an international voyage H R 6395—1333 b BRIEFING —Not later than 180 days after the date of the enactment of this Act the Commandant shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate a briefing on the findings of the review required under subsection a and a discussion of how existing laws and regulations could be amended to ensure the safety of vessels described in subsection a while infringing as little as possible on commerce SEC 8402 TOWING VESSELS OPERATING OUTSIDE BOUNDARY LINE a DEFINITIONS —In this section— 1 the term ‘‘Boundary Line’’ has the meaning given the term in section 103 of title 46 United States Code 2 the term ‘‘Officer in Charge Marine Inspection’’ has the meaning given the term in section 3305 d 4 of title 46 United States Code and 3 the term ‘‘Secretary’’ means the Secretary of the Department in which the Coast Guard is operating b INTERIM EXEMPTION —A towing vessel described in subsection c and a response vessel included on a vessel response plan are exempt from any additional requirements of subtitle II of title 46 United States Code and chapter I of title 33 and chapter I of title 46 Code of Federal Regulations as in effect on the date of the enactment of this Act that would result solely from such vessel operating outside the Boundary Line if— 1 the vessel is— A operating outside the Boundary Line solely to perform regular harbor assist operations or B listed as a response vessel on a vessel response plan and is operating outside the Boundary Line solely to perform duties of a response vessel 2 the vessel is approved for operations outside the Boundary Line by the Officer in Charge Marine Inspection and the Coast Guard Marine Safety Center and 3 the vessel has sufficient manning and lifesaving equipment for all persons on board in accordance with part 15 and section 141 225 of title 46 Code of Federal Regulations or any successor regulation c APPLICABILITY —This section applies to a towing vessel— 1 that is subject to inspection under chapter 33 of title 46 United States Code and subchapter M of chapter I of title 46 Code of Federal Regulations or any successor regulation 2 with only ‘‘Lakes Bays and Sounds’’ or ‘‘Rivers’’ routes recorded on such vessel’s certificate of inspection pursuant to section 136 230 of title 46 Code of Federal Regulations or any successor regulation 3 that with respect to a vessel described in subsection b 1 A is operating as a harbor assist vessel and regularly engaged in harbor assist operations including the docking undocking mooring unmooring and escorting of vessels with limited maneuverability and 4 that with respect to a vessel that is described in subsection b 1 B is listed— H R 6395—1334 A on a vessel response plan under part 155 of title 33 Code of Federal Regulations on the date of approval of the vessel response plan or B by name or reference in the vessel response plan’s geographic-specific appendix on the date of approval of the vessel response plan d LIMITATIONS —A vessel exempted under subsection b is subject to the following operating limitations 1 The voyage of a vessel described in subsection b 1 A shall— A be less than 12 hours in total duration B originate and end in the inspection zone of a single Officer in Charge Marine Inspection and C occur no further than 10 nautical miles from the Boundary Line 2 The voyage of a vessel described in subsection b 1 B shall— A originate and end in the inspection zone of a single Officer in Charge Marine Inspection and B either— i in the case of a voyage in the territorial waters of Alaska Guam Hawaii American Samoa and the Northern Mariana Islands have sufficient manning as determined by the Secretary or ii be less than 12 hours e SAFETY — 1 SAFETY RESTRICTIONS —The Officer in Charge Marine Inspection for an inspection zone may restrict operations under the interim exemption provided under subsection b for safety purposes 2 COMPREHENSIVE LISTS —The Officer in Charge Marine Inspection for an inspection zone shall maintain and periodically update a comprehensive list of all towing vessels described in subsection c that operate in the inspection zone 3 NOTIFICATION —Not later than 24 hours prior to intended operations outside of the Boundary Line a towing vessel exempted under subsection b shall notify the Office in Charge Marine Inspection for the inspection zone of such operations Such notification shall include— A the date time and length of voyage B a crew list with each crew member’s credentials and work hours and C an attestation from the master of the towing vessel that the vessel has sufficient manning and lifesaving equipment for all persons on board f BRIEFING —Not later than 180 days after the date of the enactment of this Act the Commandant of the Coast Guard shall brief the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the following 1 The impacts of the interim exemption provided under this section 2 Any safety concerns regarding the expiration of such interim exemption 3 Whether such interim exemption should be extended H R 6395—1335 g TERMINATION —The interim exemption provided under subsection b shall terminate on the date that is 2 years after the date of the enactment of this Act SEC 8403 SENSE OF CONGRESS REGARDING THE MARITIME INDUSTRY OF THE UNITED STATES It is the sense of Congress that the maritime industry of the United States contributes to the Nation’s economic prosperity and national security SEC 8404 CARGO PREFERENCE STUDY a IN GENERAL —The Comptroller General of the United States shall conduct an audit regarding the enforcement of the United States Cargo Preference Laws set forth in sections 55302 55303 55304 and 55305 of title 46 United States Code and section 2631 of title 10 United States Code hereinafter in this section referred to as the ‘‘United States Cargo Preference Laws’’ b SCOPE —The audit conducted under subsection a shall include for the period from October 14 2008 until the date of the enactment of this Act— 1 a listing of the agencies and organizations required to comply with the United States Cargo Preference Laws 2 an analysis of the compliance or noncompliance of such agencies and organizations with such laws including— A the total amount of oceangoing cargo that each such agency organization or contractor procured for its own account or for which financing was in any way provided with Federal funds including loan guarantees B the percentage of such cargo shipped on privately owned commercial vessels of the United States C an assessment of internal programs and controls used by each such agency or organization to monitor and ensure compliance with the United States Cargo Preference Laws to include education training and supervision of its contracting personnel and the procedures and controls used to monitor compliance with cargo preference requirements by contractors and subcontractors and D instances in which cargoes are shipped on foreignflag vessels under non-availability determinations but not counted as such for purposes of calculating cargo preference compliance and 3 an overview of enforcement activities undertaken by the Maritime Administration from October 14 2008 until the date of the enactment of this Act including a listing of all bills of lading collected by the Maritime Administration during that period c REPORT —Not later than 1 year after the date of enactment of this Act the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate a report detailing the results of the audit and providing recommendations related to such results to include— 1 actions that should be taken by agencies and organizations to fully comply with the United States Cargo Preference Laws and 2 Other measures that may compel agencies and organizations and their contractors and subcontractors to use United States flag vessels in the international transportation of ocean H R 6395—1336 cargoes as mandated by the United States Cargo Preference Laws SEC 8405 TOWING VESSEL INSPECTION FEES REVIEW Not later than 180 days after the date of enactment of this Act the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate— 1 the results of the review required under section 815 of the Frank LoBiondo Coast Guard Authorization Act of 2018 Public Law 115–282 and 2 a copy of any regulation required pursuant to section 815 b of such Act to establish specific inspection fees for such vessels Subtitle B—Maritime Domain Awareness SEC 8411 UNMANNED MARITIME SYSTEMS AND SATELLITE VESSEL TRACKING TECHNOLOGIES a ASSESSMENT —The Commandant acting through the Blue Technology Center of Expertise shall regularly assess available unmanned maritime systems and satellite vessel tracking technologies for potential use to support missions of the Coast Guard b REPORT — 1 IN GENERAL —Not later than 1 year after the date of the enactment of this Act and biennially thereafter the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate a report on the actual and potential effects of the use of then-existing unmanned maritime systems and satellite vessel tracking technologies on the mission effectiveness of the Coast Guard 2 CONTENTS —Each report submitted under paragraph 1 shall include the following A An inventory of current unmanned maritime systems used by the Coast Guard an overview of such usage and a discussion of the mission effectiveness of such systems including any benefits realized or risks or negative aspects of such usage B An inventory of satellite vessel tracking technologies and a discussion of the potential mission effectiveness of such technologies including any benefits or risks or negative aspects of such usage C A prioritized list of Coast Guard mission requirements that could be met with additional unmanned maritime systems or with satellite vessel tracking technologies and the estimated costs of accessing acquiring or operating such systems taking into consideration the interoperability of such systems with the current and future fleet of— i National Security Cutters ii Fast Response Cutters iii Offshore Patrol Cutters iv Polar Security Cutters and H R 6395—1337 v in-service legacy cutters including the 210and 270-foot medium endurance cutters and 225-foot Buoy Tenders c DEFINITIONS —In this section 1 UNMANNED MARITIME SYSTEMS — A IN GENERAL —The term ‘‘unmanned maritime systems’’ means— i remotely operated or autonomous vehicles produced by the commercial sector designed to travel in the air on or under the ocean surface on land or any combination thereof and that function without an on-board human presence and ii associated components of such vehicles including control and communications systems data transmission systems and processing systems B EXAMPLES —Such term includes the following i Unmanned undersea vehicles ii Unmanned surface vehicles iii Unmanned aerial vehicles iv Autonomous underwater vehicles v Autonomous surface vehicles vi Autonomous aerial vehicles 2 AVAILABLE UNMANNED MARITIME SYSTEMS —The term ‘‘available unmanned maritime systems’’ includes systems that can be purchased commercially or are in use by the Department of Defense or other Federal agencies 3 SATELLITE VESSEL TRACKING TECHNOLOGIES —The term ‘‘satellite vessel tracking technologies’’ means shipboard broadcast systems that use satellites and terrestrial receivers to continually track vessels SEC 8412 UNMANNED AIRCRAFT SYSTEMS TESTING a TRAINING AREA —The Commandant shall carry out and update as appropriate a program for the use of one or more training areas to facilitate the use of unmanned aircraft systems and small unmanned aircraft to support missions of the Coast Guard b DESIGNATION OF AREA — 1 IN GENERAL —Not later than 180 days after the date of enactment of this Act the Commandant shall as part of the program under subsection a designate an area for the training testing and development of unmanned aircraft systems and small unmanned aircraft 2 CONSIDERATIONS —In designating a training area under paragraph 1 the Commandant shall— A ensure that such training area has or receives all necessary Federal Aviation Administration flight authorization and B take into consideration all of the following attributes of the training area i Direct over-water maritime access from the site ii The availability of existing Coast Guard support facilities including pier and dock space iii Proximity to existing and available offshore Warning Area airspace for test and training iv Existing facilities and infrastructure to support unmanned aircraft system-augmented and small H R 6395—1338 unmanned aircraft-augmented training evaluations and exercises v Existing facilities with a proven track record of supporting unmanned aircraft systems and small unmanned aircraft systems flight operations c DEFINITIONS —In this section— 1 the term ‘‘existing’’ means as of the date of enactment of this Act and 2 the terms ‘‘small unmanned aircraft’’ and ‘‘unmanned aircraft system’’ have the meanings given those terms in section 44801 of title 49 United States Code SEC 8413 LAND-BASED UNMANNED AIRCRAFT SYSTEM PROGRAM OF COAST GUARD a FUNDING FOR CERTAIN ENHANCED CAPABILITIES —Section 319 of title 14 United States Code is amended by adding at the end the following new subsection ‘‘ c FUNDING FOR CERTAIN ENHANCED CAPABILITIES —In each of fiscal years 2020 and 2021 the Commandant may provide additional funding of $5 000 000 for additional long-range maritime patrol aircraft acquired through full and open competition ’’ b REPORT ON USE OF UNMANNED AIRCRAFT SYSTEMS FOR CERTAIN SURVEILLANCE — 1 REPORT REQUIRED —Not later than March 31 2021 the Commandant in coordination with the Administrator of the Federal Aviation Administration on matters related to aviation safety and civilian aviation and aerospace operations shall submit to the appropriate committees of Congress a report setting forth an assessment of the feasibility and advisability of using unmanned aircraft systems for surveillance of marine protected areas the transit zone and the Arctic in order to— A establish and maintain regular maritime domain awareness of such areas B ensure appropriate response to illegal activities in such areas and C collaborate with State local and tribal authorities and international partners in surveillance missions over their waters in such areas 2 APPROPRIATE COMMITTEES OF CONGRESS DEFINED —In this subsection the term ‘‘appropriate committees of Congress’’ means— A the Committee on Commerce Science and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and B the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives SEC 8414 PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS a PROHIBITION ON AGENCY OPERATION OR PROCUREMENT — The Commandant may not operate or enter into or renew a contract for the procurement of— 1 an unmanned aircraft system that— A is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country B uses flight controllers radios data transmission devices cameras or gimbals manufactured in a covered H R 6395—1339 foreign country or by an entity domiciled in a covered foreign country C uses a ground control system or operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country or D uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country or 2 a system manufactured in a covered foreign country or by an entity domiciled in a covered foreign country for the detection or identification of unmanned aircraft systems b EXEMPTION — 1 IN GENERAL —The Commandant is exempt from the restriction under subsection a if— A the operation or procurement is for the purposes of— i counter-UAS system surrogate testing and training or ii intelligence electronic warfare and information warfare operations testing analysis and training or B the Commandant receives a certification from the Coast Guard unit requesting to operate or procure an unmanned aircraft system otherwise restricted under subsection a which shall include supporting manufacturer information that the unmanned aircraft system does not— i connect to the internet or an outside telecommunications service ii connect to other devices or electronics except as necessary to perform the mission or iii perform any missions in support of classified information or that may threaten national security 2 EXPIRATION —The authority under this subsection to operate or procure an unmanned aircraft system otherwise restricted under subsection a expires on the date that is 2 years after the date of the enactment of this Act c WAIVER —The Commandant may waive the restriction under subsection a on a case by case basis by certifying in writing to the Department of Homeland Security and the relevant committees of jurisdiction that the operation or procurement is required in the national interest of the United States d DEFINITIONS —In this section 1 COVERED FOREIGN COUNTRY —The term ‘‘covered foreign country’’ means the People’s Republic of China 2 COUNTER-UAS SYSTEM —The term ‘‘counter-UAS system’’ has the meaning given such term in section 44801 of title 49 United States Code 3 UNMANNED AIRCRAFT SYSTEM —The term ‘‘unmanned aircraft system’’ has the meaning given such term in section 44801 of title 49 United States Code SEC 8415 UNITED STATES COMMERCIAL SPACE-BASED RADIO FREQUENCY MARITIME DOMAIN AWARENESS TESTING AND EVALUATION PROGRAM a TESTING AND EVALUATION PROGRAM —The Commandant acting through the Blue Technology Center of Expertise shall carry out a testing and evaluation program of United States commercial H R 6395—1340 space-based radio frequency geolocation and maritime domain awareness products and services to support the mission objectives of maritime enforcement by the Coast Guard and other components of the Coast Guard The objectives of this testing and evaluation program shall include— 1 developing an understanding of how United States commercial space-based radio frequency data products can meet current and future mission requirements 2 establishing how United States commercial space-based radio frequency data products should integrate into existing work flows and 3 establishing how United States commercial space-based radio frequency data products could be integrated into analytics platforms b REPORT —Not later than 240 days after the date of enactment of this Act the Commandant shall prepare and submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the testing and evaluation program under subsection a including recommendations on how the Coast Guard should fully exploit United States commercial space-based radio frequency data products to meet current and future mission requirements SEC 8416 AUTHORIZATION OF USE OF AUTOMATIC IDENTIFICATION SYSTEMS DEVICES TO MARK FISHING EQUIPMENT a DEFINITIONS —In this section— 1 the term ‘‘Assistant Secretary’’ means the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration Administrator 2 the term ‘‘Automatic Identification System’’ has the meaning given the term in section 164 46 a of title 33 Code of Federal Regulations or any successor regulation 3 the term ‘‘Automatic Identification System device’’ means a covered device that operates in radio frequencies assigned for Automatic Identification System stations 4 the term ‘‘Commission’’ means the Federal Communications Commission and 5 the term ‘‘covered device’’ means a device used to mark fishing equipment b RULEMAKING REQUIRED —Not later than 180 days after the date of enactment of this Act the Commission in coordination with the Assistant Secretary and in consultation with the Commandant and the Secretary of State shall initiate a rulemaking proceeding to consider whether to authorize covered devices to operate in radio frequencies assigned for Automatic Identification System stations c CONSIDERATIONS —In conducting the rulemaking under subsection b the Commission shall consider whether imposing requirements with respect to the manner in which Automatic Identification System devices are deployed and used would enable the authorization of covered devices to operate in radio frequencies assigned for Automatic Identification System stations consistent with the core purpose of the Automatic Identification System to prevent maritime accidents H R 6395—1341 Subtitle C—Arctic SEC 8421 COAST GUARD ARCTIC PRIORITIZATION a FINDINGS —Congress makes the following findings 1 The strategic importance of the Arctic continues to increase as the United States and other countries recognize the military significance of the sea lanes and choke points within the region and understand the potential for power projection from the Arctic into multiple regions 2 Russia and China have conducted military exercises together in the Arctic have agreed to connect the Northern Sea Route claimed by Russia with China’s Maritime Silk Road and are working together in developing natural gas resources in the Arctic 3 The economic significance of the Arctic continues to grow as countries around the globe begin to understand the potential for maritime transportation through and economic and trade development in the region 4 Increases in human maritime and resource development activity in the Arctic region may create additional mission requirements for the Department of Defense and the Department of Homeland Security 5 The increasing role of the United States in the Arctic has been highlighted in each of the last four national defense authorization acts 6 The United States Coast Guard Arctic Strategic Outlook released in April 2019 states ‘‘Demonstrating commitment to operational presence Canada Denmark and Norway have made strategic investments in ice-capable patrol ships charged with national or homeland security missions The United States is the only Arctic State that has not made similar investments in ice-capable surface maritime security assets This limits the ability of the Coast Guard and the Nation to credibly uphold sovereignty or respond to contingencies in the Arctic ’’ b SENSE OF CONGRESS —It is the sense of Congress that— 1 the Arctic is a region of strategic importance to the national security interests of the United States and the Coast Guard must better align its mission prioritization and development of capabilities to meet the growing array of challenges in the region 2 the increasing freedom of navigation and expansion of activity in the Arctic must be met with an increasing show of Coast Guard forces capable of exerting influence through persistent presence 3 Congress fully supports the needed and important recapitalization of the fleet of cutters and aircraft of the Coast Guard but the Coast Guard must avoid overextending operational assets for remote international missions at the cost of dedicated focus on this domestic area of responsibility with significant international interest and activity and 4 although some progress has been made to increase awareness of Arctic issues and to promote increased presence in the region additional measures are needed to protect vital economic environmental and national security interests of the United States and to show the commitment of the United H R 6395—1342 States to this emerging strategic choke point of increasing great power competition c ARCTIC DEFINED —In this section the term ‘‘Arctic’’ has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 15 U S C 4111 SEC 8422 ARCTIC PARS NATIVE ENGAGEMENT The Commandant shall— 1 engage directly with local coastal whaling and fishing communities in the Arctic region when conducting the Alaskan Arctic Coast Port Access Route Study in accordance with chapter 700 of title 46 United States Code and as described in the notice of study published in the Federal Register on December 21 2018 83 Fed Reg 65701 and 2 consider the concerns of the Arctic coastal community regarding any Alaskan Arctic Coast Port Access Route including safety needs and concerns SEC 8423 VOTING REQUIREMENT Section 305 i 1 G iv of the Magnuson-Stevens Fishery Conservation and Management Act 16 U S C 1855 i 1 G iv is amended to read as follows ‘‘ iv VOTING REQUIREMENT —The panel may act only by the affirmative vote of at least 5 of its members except that any decision made pursuant to the last sentence of subparagraph C shall require the unanimous vote of all 6 members of the panel ’’ SEC 8424 REPORT ON THE ARCTIC CAPABILITIES OF THE ARMED FORCES a REPORT REQUIRED —Not later than 180 days after the date of the enactment of this Act the Secretary of the department in which the Coast Guard is operating shall submit to the appropriate committees of Congress a report setting forth the results of a study on the Arctic capabilities of the Armed Forces The Secretary shall enter into a contract with an appropriate federally funded research and development center for the conduct of the study b ELEMENTS —The report required by subsection a shall include the following 1 A comparison of the capabilities of the United States the Russian Federation the People’s Republic of China and other countries operating in the Arctic including an assessment of the ability of the navy of each such country to operate in varying sea-ice conditions 2 A description of commercial and foreign military surface forces currently operating in the Arctic in conditions inaccessible to Navy surface forces 3 An assessment of the potential security risk posed to Coast Guard forces by military forces of other countries operating in the Arctic in conditions inaccessible to Navy surface or aviation forces in the manner such forces currently operate 4 A comparison of the domain awareness capabilities of— A Coast Guard forces operating alone and B Coast Guard forces operating in tandem with Navy surface and aviation forces and the surface and aviation forces of other allies H R 6395—1343 5 A comparison of the defensive capabilities of— A Coast Guard forces operating alone and B Coast Guard forces operating in mutual defense with Navy forces other Armed Forces and the military forces of allies c FORM —The report required under subsection a shall be submitted in unclassified form but may contain a classified annex d APPROPRIATE COMMITTEES OF CONGRESS DEFINED —In this section the term ‘‘appropriate committees of Congress’’ means— 1 the Committee on Armed Services the Committee on Commerce Science and Transportation and the Committee on Appropriations of the Senate and 2 the Committee on Armed Services the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives SEC 8425 REPORT ON ARCTIC SEARCH AND RESCUE a IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Commandant shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the search and rescue capabilities of the Coast Guard in Arctic coastal communities b CONTENTS —The report under subsection a shall include the following 1 An identification of ways in which the Coast Guard can more effectively partner with Arctic coastal communities to respond to search and rescue incidents through training funding and deployment of assets 2 An analysis of the costs of forward deploying on a seasonal basis Coast Guard assets in support of such communities for responses to such incidents SEC 8426 ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE a PURPOSE —The purpose of this section is to establish a Federal advisory committee to provide policy recommendations to the Secretary of Transportation on positioning the United States to take advantage of emerging opportunities for Arctic maritime transportation b DEFINITIONS —In this section 1 ADVISORY COMMITTEE —The term ‘‘Advisory Committee’’ means the Arctic Shipping Federal Advisory Committee established under subsection c 1 2 ARCTIC —The term ‘‘Arctic’’ has the meaning given the term in section 112 of the Arctic Research and Policy Act of 1984 15 U S C 4111 3 ARCTIC SEA ROUTES —The term ‘‘Arctic Sea Routes’’ means the international Northern Sea Route the Transpolar Sea Route and the Northwest Passage c ESTABLISHMENT OF THE ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE — 1 ESTABLISHMENT OF ADVISORY COMMITTEE — A IN GENERAL —The Secretary of Transportation in coordination with the Secretary of State the Secretary of Defense acting through the Secretary of the Army and the Secretary of the Navy the Secretary of Commerce and the Secretary of the Department in which the Coast H R 6395—1344 Guard is operating shall establish an Arctic Shipping Federal Advisory Committee in the Department of Transportation to advise the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating on matters related to Arctic maritime transportation including Arctic seaway development B MEETINGS —The Advisory Committee shall meet at the call of the Chairperson and at least once annually in Alaska 2 MEMBERSHIP — A IN GENERAL —The Advisory Committee shall be composed of 17 members as described in subparagraph B B COMPOSITION —The members of the Advisory Committee shall be— i 1 individual appointed and designated by the Secretary of Transportation to serve as the Chairperson of the Advisory Committee ii 1 individual appointed and designated by the Secretary of the Department in which the Coast Guard is operating to serve as the Vice Chairperson of the Advisory Committee iii 1 designee of the Secretary of Commerce iv 1 designee of the Secretary of State v 1 designee of the Secretary of Transportation vi 1 designee of the Secretary of Defense vii 1 designee from the State of Alaska nominated by the Governor of Alaska and designated by the Secretary of Transportation viii 1 designee from the State of Washington nominated by the Governor of Washington and designated by the Secretary of Transportation ix 3 Alaska Native Tribal members x 1 individual representing Alaska Native subsistence co-management groups affected by Arctic maritime transportation xi 1 individual representing coastal communities affected by Arctic maritime transportation xii 1 individual representing vessels of the United States as defined in section 116 of title 46 United States Code participating in the shipping industry xiii 1 individual representing the marine safety community xiv 1 individual representing the Arctic business community and xv 1 individual representing maritime labor organizations C TERMS — i LIMITATIONS —Each member of the Advisory Committee described in clauses vii through xv of subparagraph B shall serve for a 2-year term and shall not be eligible for more than 2 consecutive term reappointments ii VACANCIES —Any vacancy in the membership of the Advisory Committee shall not affect its responsibilities but shall be filled in the same manner as H R 6395—1345 the original appointment and in accordance with the Federal Advisory Committee Act 5 U S C App 3 FUNCTIONS —The Advisory Committee shall carry out all of the following functions A Develop a set of policy recommendations that would enhance the leadership role played by the United States in improving the safety and reliability of Arctic maritime transportation in accordance with customary international maritime law and existing Federal authority Such policy recommendations shall consider options to establish a United States entity that could perform the following functions in accordance with United States law and customary international maritime law i Construction operation and maintenance of current and future maritime infrastructure necessary for vessels transiting the Arctic Sea Routes including potential new deep draft and deepwater ports ii Provision of services that are not widely commercially available in the United States Arctic that would— I improve Arctic maritime safety and environmental protection II enhance Arctic maritime domain awareness and III support navigation and incident response for vessels transiting the Arctic Sea Routes iii Establishment of rules of measurement for vessels and cargo for the purposes of levying voluntary rates of charges or fees for services B As an option under subparagraph A consider establishing a congressionally chartered seaway development corporation modeled on the Saint Lawrence Seaway Development Corporation and— i develop recommendations for establishing such a corporation and a detailed implementation plan for establishing such an entity or ii if the Advisory Committee decides against recommending the establishment of such a corporation provide a written explanation as to the rationale for the decision and develop an alternative as practicable C Provide advice and recommendations as requested to the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating on Arctic marine transportation including seaway development and consider national security interests where applicable in such recommendations D In developing the advice and recommendations under subparagraph C engage with and solicit feedback from coastal communities Alaska Native subsistence comanagement groups and Alaska Native tribes d REPORT TO CONGRESS —Not later than 2 years after the date of enactment of this Act the Advisory Committee shall submit a report with its recommendations under subparagraphs A and B of subsection c 3 to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives H R 6395—1346 e TERMINATION OF THE ADVISORY COMMITTEE —Not later than 8 years after the submission of the report described in subsection d the Secretary of Transportation shall dissolve the Advisory Committee f INTERNATIONAL ENGAGEMENT —If a Special Representative for the Arctic Region is appointed by the Secretary of State the duties of that Representative shall include— 1 coordination of any activities recommended by the implementation plan submitted by the Advisory Committee and approved by the Secretary of Transportation and 2 facilitation of multilateral dialogues with member and observer nations of the Arctic Council to encourage cooperation on Arctic maritime transportation g TRIBAL CONSULTATION —In implementing any of the recommendations provided under subsection c 3 C the Secretary of Transportation shall consult with Alaska Native tribes Subtitle D—Other Matters SEC 8431 PLAN FOR WING-IN-GROUND DEMONSTRATION PLAN a IN GENERAL — 1 The Commandant in coordination with the Administrator of the Federal Aviation Administration with regard to any regulatory or safety matter regarding airspace air space authorization or aviation shall develop plans for a demonstration program that will determine whether wing-in-ground craft as such term is defined in section 2101 of title 46 United States Code that is capable of carrying at least one individual can— A provide transportation in areas in which energy exploration development or production activity takes place on the Outer Continental Shelf and B under the craft’s own power safely reach helidecks or platforms located on offshore energy facilities 2 REQUIREMENTS —The plans required under paragraph 1 shall— A examine and explain any safety issues with regard to the operation of the such craft as a vessel or as an aircraft or both B include a timeline and technical milestones for the implementation of such a demonstration program C outline resource requirements needed to undertake such a demonstration program D describe specific operational circumstances under which the craft may be used including distance from United States land altitude number of individuals amount of cargo and speed and weight of vessel E describe the operations under which Federal Aviation Administration statutes regulations circulars or orders apply and F describe the certifications permits or authorizations required to perform any operations b REPORT —Not later than 1 year after the date of the enactment of this Act the Commandant along with the Administrator of the Federal Aviation Administration with regard to any regulatory or safety matter regarding airspace air space authorization H R 6395—1347 or aviation shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate on the plan developed under subsection a including— 1 any regulatory changes needed regarding inspections and manning to allow such craft to operate between onshore facilities and offshore energy facilities when such craft is operating as a vessel 2 any regulatory changes that would be necessary to address potential impacts to air traffic control the National Airspace System and other aircraft operations and to ensure safe operations on or near helidecks and platforms located on offshore energy facilities when such craft are operating as aircraft and 3 any other statutory or regulatory changes related to authority of the Federal Aviation Administration over operations of the craft SEC 8432 NORTHERN MICHIGAN OIL SPILL RESPONSE PLANNING Notwithstanding any other provision of law not later than 180 days after the date of the enactment of this Act the Secretary of the department in which the Coast Guard is operating in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the Pipeline and Hazardous Materials Safety Administration shall update the Northern Michigan Area Contingency Plan to include a worst-case discharge from a pipeline in adverse weather conditions SEC 8433 DOCUMENTATION OF LNG TANKERS a ‘‘Safari Voyager’’ — 1 IN GENERAL —Notwithstanding sections 12112 and 12132 of title 46 United States Code the Secretary of the department in which the Coast Guard is operating shall issue a certificate of documentation with a coastwise endorsement for the vessel Safari Voyager International Maritime Organization number 8963753 2 REVOCATION OF EFFECTIVENESS OF CERTIFICATE —A certificate of documentation issued under paragraph 1 is revoked on the date of the sale of the vessel or the entity that owns the vessel b ‘‘Pacific Provider’’ — 1 IN GENERAL —Notwithstanding sections 12112 and 12132 of title 46 United States Code the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel Pacific Provider United States official number 597967 2 REVOCATION OF EFFECTIVENESS OF CERTIFICATE —A certificate of documentation issued under paragraph 1 is revoked on the date of the sale of the vessel or the entity that owns the vessel c AMERICA’S CUP ACT OF 2011 —Section 7 b of the America’s Cup Act of 2011 Public Law 112–61 is amended— 1 in paragraph 3 — A by striking ‘‘of the vessel on the date of enactment of this Act’’ and B by inserting before the period the following ‘‘ unless prior to any such sale the vessel has been operated H R 6395—1348 in a coastwise trade for not less than 1 year after the date of enactment of the Elijah E Cummings Coast Guard Authorization Act of 2020 and prior to sale of vessel’’ 2 by redesignating paragraphs 2 and 3 as paragraphs 4 and 5 respectively and 3 by inserting after paragraph 1 the following ‘‘ 2 LIMITATION ON OWNERSHIP —The Secretary of the department in which the Coast Guard is operating may only issue a certificate of documentation with a coastwise endorsement to a vessel designated in paragraph 1 if the owner of the vessel is an individual or individuals who are citizens of the United States or is an entity deemed to be such a citizen under section 50501 of title 46 United States Code ‘‘ 3 LIMITATION ON REPAIR AND MODIFICATION — ‘‘ A REQUIREMENT —Any qualified work shall be performed at a shipyard facility located in the United States ‘‘ B EXCEPTIONS —The requirement in subparagraph A does not apply to any qualified work— ‘‘ i for which the owner or operator enters into a binding agreement no later than 1 year after the date of enactment of the Elijah E Cummings Coast Guard Authorization Act of 2020 or ‘‘ ii necessary for the safe towage of the vessel from outside the United States to a shipyard facility in the United States for completion of the qualified work ‘‘ C DEFINITION —In this paragraph qualified work means repair and modification necessary for the issuance of a certificate of inspection issued as a result of the waiver for which a coastwise endorsement is issued under paragraph 1 ’’ SEC 8434 REPLACEMENT VESSEL Notwithstanding section 208 g 5 of the American Fisheries Act Public Law 105–277 16 U S C 1851 note a vessel eligible under section 208 e 21 of such Act that is replaced under section 208 g of such Act shall be subject to a sideboard restriction catch limit of zero metric tons in the Bering Sea and Aleutian Islands and in the Gulf of Alaska unless that vessel is also a replacement vessel under section 679 4 o 4 of title 50 Code of Federal Regulations in which case such vessel shall not be eligible to be a catcher processor under section 206 b 2 of such Act SEC 8435 EDUCATIONAL VESSEL a IN GENERAL —Notwithstanding section 12112 a 2 of title 46 United States Code the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel Oliver Hazard Perry IMO number 8775560 United States official number 1257224 b TERMINATION OF EFFECTIVENESS OF ENDORSEMENT —The coastwise endorsement authorized under subsection a for the vessel Oliver Hazard Perry IMO number 8775560 United States official number 1257224 shall expire on the first date on which any of the following occurs 1 The vessel is sold to a person including an entity that is not related by ownership or control to the person H R 6395—1349 including an entity that owned the vessel on the date of the enactment of this Act 2 The vessel is rebuilt and not rebuilt in the United States as defined in section 12101 a of title 46 United States Code 3 The vessel is no longer operating in primary service as a sailing school vessel SEC 8436 WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED STATES FOR CERTAIN PURPOSES The Coalbank Slough in Coos Bay Oregon is deemed to not be navigable waters of the United States for all purposes of subchapter J of Chapter I of title 33 Code of Federal Regulations SEC 8437 ANCHORAGES a IN GENERAL —The Secretary of the department in which the Coast Guard is operating shall suspend the establishment of new anchorage grounds on the Hudson River between Yonkers New York and Kingston New York under section 7 of the Rivers and Harbors Appropriations Act of 1915 33 U S C 471 or chapter 700 of title 46 United States Code b RESTRICTION —The Commandant may not establish or expand any anchorage grounds outside of the reach on the Hudson River described in subsection a without first providing notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate not later than 180 days prior to the establishment or expansion of any such anchorage grounds c SAVINGS CLAUSE —Nothing in this section— 1 prevents the master or pilot of a vessel operating on the reach of the Hudson River described in subsection a from taking actions necessary to maintain the safety of the vessel or to prevent the loss of life or property or 2 shall be construed as limiting the authority of the Secretary of the department in which the Coast Guard is operating to exercise authority over the movement of a vessel under section 70002 of title 46 United States Code or any other applicable laws or regulations governing the safe navigation of a vessel d STUDY —The Commandant of the Coast Guard in consultation with the Hudson River Safety Navigation and Operations Committee shall conduct a study of the Hudson River north of Tarrytown New York to examine— 1 the nature of vessel traffic including vessel types sizes cargoes and frequency of transits 2 the risks and benefits of historic practices for commercial vessels anchoring and 3 the risks and benefits of establishing anchorage grounds on the Hudson River e REPORT —Not later than 1 year after the date of the enactment of this Act the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate a report containing the findings conclusions and recommendations from the study required under subsection d H R 6395—1350 SEC 8438 COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON VERTICAL EVACUATION FOR TSUNAMIS AT COAST GUARD STATIONS IN WASHINGTON AND OREGON a STUDY — 1 IN GENERAL —The Comptroller General of the United States shall conduct a study that examines the potential use in the event of a Cascadia subduction zone event of a vertical evacuation of Coast Guard personnel stationed at United States Coast Guard Station Grays Harbor and Sector Field Office Port Angeles Washington and at United States Coast Guard Station Yaquina Bay and United States Coast Guard Motor Lifeboat Station Coos Bay Oregon and the dependents of such Coast Guard personnel housed in Coast Guard housing 2 ELEMENTS —The study required under paragraph 1 shall analyze the following A The number of such personnel and dependents to be evacuated B The resources available to conduct an evacuation and the feasibility of a successful evacuation in a case in which inundation maps and timelines are available C With the resources available the amount of time needed to evacuate such personnel and dependents D Any resource that is otherwise available within a reasonable walking distance to the Coast Guard facilities listed in paragraph 1 E The benefit to the surrounding community of such a vertical evacuation F The interoperability of the tsunami warning system with the Coast Guard communication systems at the Coast Guard facilities listed in paragraph 1 G Current interagency coordination and communication policies in place for emergency responders to address a Cascadia subduction zone event b REPORT —Not later than 1 year after the date of the enactment of this Act the Comptroller General shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the findings conclusions and recommendations if any from the study required under subsection a SEC 8439 AUTHORITY TO ENTER INTO AGREEMENTS WITH NATIONAL COAST GUARD MUSEUM ASSOCIATION a IN GENERAL —Section 316 of title 14 United States Code is amended to read as follows ‘‘§ 316 National Coast Guard Museum ‘‘ a ESTABLISHMENT —The Commandant may establish accept operate maintain and support the Museum on lands which will be federally owned and administered by the Coast Guard and are located in New London Connecticut ‘‘ b USE OF FUNDS — ‘‘ 1 The Secretary shall not expend any funds appropriated to the Coast Guard on the construction of any museum established under this section H R 6395—1351 ‘‘ 2 Subject to the availability of appropriations the Secretary may expend funds appropriated to the Coast Guard on the engineering and design of a Museum ‘‘ 3 The priority for the use of funds appropriated to the Coast Guard shall be to preserve protect and display historic Coast Guard artifacts including the design fabrication and installation of exhibits or displays in which such artifacts are included ‘‘ c FUNDING PLAN —Not later than 2 years after the date of the enactment of the Elijah E Cummings Coast Guard Authorization Act of 2020 and at least 90 days before the date on which the Commandant accepts the Museum under subsection f the Commandant shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for constructing operating and maintaining such Museum including— ‘‘ 1 estimated planning engineering design construction operation and maintenance costs ‘‘ 2 the extent to which appropriated nonappropriated and non-Federal funds will be used for such purposes including the extent to which there is any shortfall in funding for engineering design or construction ‘‘ 3 an explanation of any environmental remediation issues related to the land associated with the Museum and ‘‘ 4 a certification by the Inspector General of the department in which the Coast Guard is operating that the estimates provided pursuant to paragraphs 1 and 2 are reasonable and realistic ‘‘ d CONSTRUCTION — ‘‘ 1 The Association may construct the Museum described in subsection a ‘‘ 2 The Museum shall be designed and constructed in compliance with the International Building Code 2018 and construction performed on Federal land under this section shall be exempt from State and local requirements for building or demolition permits ‘‘ e AGREEMENTS —Under such terms and conditions as the Commandant considers appropriate notwithstanding section 504 and until the Commandant accepts the Museum under subsection f the Commandant may— ‘‘ 1 license Federal land to the Association for the purpose of constructing the Museum described in subsection a and ‘‘ 2 A at a nominal charge lease the Museum from the Association for activities and operations related to the Museum and ‘‘ B authorize the Association to generate revenue from the use of the Museum ‘‘ f ACCEPTANCE —Not earlier than 90 days after the Commandant submits the plan under subsection c the Commandant shall accept the Museum from the Association and all right title and interest in and to the Museum shall vest in the United States when— ‘‘ 1 the Association demonstrates in a manner acceptable to the Commandant that the Museum meets the design and construction requirements of subsection d and H R 6395—1352 ‘‘ 2 all financial obligations of the Association incident to the National Coast Guard Museum have been satisfied ‘‘ g SERVICES —The Commandant may solicit from the Association and accept services from nonprofit entities including services related to activities for construction of the Museum ‘‘ h AUTHORITY —The Commandant may not establish a Museum except as set forth in this section ‘‘ i DEFINITIONS —In this section ‘‘ 1 MUSEUM —The term ‘Museum’ means the National Coast Guard Museum ‘‘ 2 ASSOCIATION —The term ‘Association’ means the National Coast Guard Museum Association ’’ b BRIEFINGS —Not later than March 1 of the fiscal year after the fiscal year in which the report required under subsection d of section 316 of title 14 United States Code is provided and not later than March 1 of each year thereafter until 1 year after the year in which the National Coast Guard Museum is accepted pursuant to subsection f of such section the Commandant shall brief the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the following issues with respect to the Museum 1 The acceptance of gifts 2 Engineering 3 Design and project status 4 Land ownership 5 Environmental remediation 6 Operation and support issues 7 Plans SEC 8440 VIDEO EQUIPMENT ACCESS AND RETENTION OF RECORDS a MAINTENANCE AND PLACEMENT OF VIDEO SURVEILLANCE EQUIPMENT —Section 3507 b 1 of title 46 United States Code is amended— 1 by striking ‘‘The owner’’ and inserting the following ‘‘ A IN GENERAL —The owner’’ 2 by striking ‘‘ as determined by the Secretary’’ and 3 by adding at the end the following ‘‘ B PLACEMENT OF VIDEO SURVEILLANCE EQUIPMENT — ‘‘ i IN GENERAL —Not later than 18 months after the date of the enactment of the Elijah E Cummings Coast Guard Authorization Act of 2020 the Commandant in consultation with other relevant Federal agencies or entities as determined by the Commandant shall establish guidance for performance of the risk assessment described in paragraph 2 regarding the appropriate placement of video surveillance equipment in passenger and crew common areas where there is no reasonable expectation of privacy ‘‘ ii RISK ASSESSMENT —Not later than 1 year after the Commandant establishes the guidance described in paragraph 1 the owner shall conduct the risk assessment required under paragraph 1 and shall— ‘‘ I evaluate the placement of video surveillance equipment to deter prevent and record a sexual assault aboard the vessel considering factors such as ship layout and design itinerary H R 6395—1353 crew complement number of passengers passenger demographics and historical data on the type and location of prior sexual assault incident allegations ‘‘ II incorporate to the maximum extent practicable the video surveillance guidance established by the Commandant regarding the appropriate placement of video surveillance equipment ‘‘ III arrange for the risk assessment to be conducted by an independent third party with expertise in the use and placement of camera surveillance to deter prevent and record criminal behavior and ‘‘ IV the independent third party referred to in paragraph C shall be a company that has been accepted by a classification society that is a member of the International Association of Classification Societies hereinafter referred to as ‘IACS’ or another classification society recognized by the Secretary as meeting acceptable standards for such a society pursuant to section 3316 b ‘‘ C SURVEILLANCE PLAN —Not later than 180 days after completion of the risk assessment conducted under subparagraph B ii the owner of a vessel shall develop a plan to install video surveillance equipment in places determined to be appropriate in accordance with the results of the risk assessment conducted under subparagraph B ii except in areas where a person has a reasonable expectation of privacy Such plan shall be evaluated and approved by an independent third party with expertise in the use and placement of camera surveillance to deter prevent and record criminal behavior that has been accepted as set forth in paragraph 2 D ‘‘ D INSTALLATION —The owner of a vessel to which this section applies shall consistent with the surveillance plan approved under subparagraph C install appropriate video surveillance equipment aboard the vessel not later than 2 years after approval of the plan or during the next scheduled drydock whichever is later ‘‘ E ATTESTATION —At the time of initial installation under subparagraph D the vessel owner shall obtain written attestations from— ‘‘ i an IACS classification society that the video surveillance equipment is installed in accordance with the surveillance plan required under subparagraph C and ‘‘ ii the company security officer that the surveillance equipment and associated systems are operational which attestation shall be obtained each year thereafter ‘‘ F UPDATES —The vessel owner shall ensure the risk assessment described in subparagraph B ii and installation plan in subparagraph C are updated not later than 5 years after the initial installation conducted under subparagraph D and every 5 years thereafter The updated assessment and plan shall be approved by an independent third party with expertise in the use and H R 6395—1354 placement of camera surveillance to deter prevent and record criminal behavior that has been accepted by an IACS classification society The vessel owner shall implement the updated installation plan not later than 180 days after approval ‘‘ G AVAILABILITY —Each risk assessment installation plan and attestation shall be protected from disclosure under the Freedom of Information Act section 552 of title 5 but shall be available to the Coast Guard— ‘‘ i upon request and ‘‘ ii at the time of the certificate of compliance or certificate of inspection examination ‘‘ H DEFINITIONS —For purposes of this section a ‘ship security officer’ is an individual that with the master’s approval has full responsibility for vessel security consistent with the International Ship and Port Facility Security Code ’’ b ACCESS TO VIDEO RECORDS NOTICE OF VIDEO SURVEILLANCE —Section 3507 b of title 46 United States Code is further amended— 1 by redesignating paragraph 2 as paragraph 3 2 by inserting after paragraph 1 the following ‘‘ 2 NOTICE OF VIDEO SURVEILLANCE —The owner of a vessel to which this section applies shall provide clear and conspicuous signs on board the vessel notifying the public of the presence of video surveillance equipment ’’ 3 in paragraph 3 as so redesignated— A by striking ‘‘The owner’’ and inserting the following ‘‘ A LAW ENFORCEMENT —The owner’’ and B by adding at the end the following ‘‘ B CIVIL ACTIONS —Except as proscribed by law enforcement authorities or court order the owner of a vessel to which this section applies shall upon written request provide to any individual or the individual’s legal representative a copy of all records of video surveillance— ‘‘ i in which the individual is a subject of the video surveillance and ‘‘ ii that may provide evidence of any sexual assault incident in a civil action ‘‘ C LIMITED ACCESS —The owner of a vessel to which this section applies shall ensure that access to records of video surveillance is limited to the purposes described in this paragraph ’’ c RETENTION REQUIREMENTS — 1 IN GENERAL —Section 3507 b of title 46 United States Code is further amended by adding at the end the following ‘‘ 4 RETENTION REQUIREMENTS —The owner of a vessel to which this section applies shall retain all records of video surveillance for not less than 20 days after the footage is obtained The vessel owner shall include a statement in the security guide required by subsection c 1 A that the vessel owner is required by law to retain video surveillance footage for the period specified in this paragraph If an incident described in subsection g 3 A i is alleged and reported to law enforcement all records of video surveillance from the voyage that the Federal Bureau of Investigation determines are relevant shall— H R 6395—1355 ‘‘ A be provided to the Federal Bureau of Investigation and ‘‘ B be preserved by the vessel owner for not less than 4 years from the date of the alleged incident ’’ 2 ADMINISTRATIVE PROVISIONS — A STUDY AND REPORT —Each owner of a vessel to which section 3507 of title 46 United States Code applies shall not later than March 1 2023 submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate a report detailing the total number of voyages for the preceding year and the percentage of those voyages that were 30 days or longer B INTERIM STANDARDS —Not later than 180 days after the date of enactment of this Act the Commandant in consultation with the Federal Bureau of Investigation shall promulgate interim standards for the retention of records of video surveillance C FINAL STANDARDS —Not later than 1 year after the date of enactment of this Act the Commandant in consultation with the Federal Bureau of Investigation shall promulgate final standards for the retention of records of video surveillance D CONSIDERATIONS —In promulgating standards under subparagraphs B and B the Commandant shall— i consider factors that would aid in the investigation of serious crimes including the results of the report by the Commandant provided under subparagraph A as well as crimes that go unreported until after the completion of a voyage ii consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built iii consider privacy including standards for permissible access to and monitoring and use of the records of video surveillance and iv consider technological advancements including requirements to update technology SEC 8441 REGULATIONS FOR COVERED SMALL PASSENGER VESSELS a IN GENERAL —Section 3306 of title 46 United States Code is amended— 1 in subsection a — A in the matter preceding paragraph 1 by inserting ‘‘ including covered small passenger vessels as defined in subsection n 5 ’’ after ‘‘vessels subject to inspection’’ and B in paragraph 5 by inserting before the period at the end ‘‘ including rechargeable devices utilized for personal or commercial electronic equipment’’ and 2 by adding at the end the following ‘‘ n COVERED SMALL PASSENGER VESSELS — ‘‘ 1 REGULATIONS —The Secretary shall prescribe additional regulations to secure the safety of individuals and property on board covered small passenger vessels H R 6395—1356 ‘‘ 2 COMPREHENSIVE REVIEW —In order to prescribe the regulations under paragraph 1 the Secretary shall conduct a comprehensive review of all requirements including calculations in existence on the date of enactment of the Elijah E Cummings Coast Guard Authorization Act of 2020 that apply to covered small passenger vessels with respect to fire detection protection and suppression systems and avenues of egress on board such vessels ‘‘ 3 REQUIREMENTS — ‘‘ A IN GENERAL —Subject to subparagraph B the regulations prescribed under paragraph 1 shall include with respect to covered small passenger vessels regulations for— ‘‘ i marine firefighting training programs to improve crewmember training and proficiency including emergency egress training for each member of the crew to occur for all members on the crew— ‘‘ I at least monthly while such members are employed on board the vessel and ‘‘ II each time a new crewmember joins the crew of such vessel ‘‘ ii in all areas on board the vessel where passengers and crew have access including dining areas sleeping quarters and lounges— ‘‘ I interconnected fire detection equipment including audible and visual alarms and ‘‘ II additional fire extinguishers and other firefighting equipment ‘‘ iii the installation and use of monitoring devices to ensure the wakefulness of the required night watch ‘‘ iv increased fire detection and suppression systems including additional fire extinguishers on board such vessels in unmanned areas with machinery or areas with other potential heat sources ‘‘ v all general areas accessible to passengers to have no less than 2 independent avenues of escape that are— ‘‘ I constructed and arranged to allow for free and unobstructed egress from such areas ‘‘ II located so that if one avenue of escape is not available another avenue of escape is available and ‘‘ III not located directly above or dependent on a berth ‘‘ vi the handling storage and operation of flammable items such as rechargeable batteries including lithium ion batteries utilized for commercial purposes on board such vessels ‘‘ vii passenger emergency egress drills for all areas on the vessel to which passengers have access which shall occur prior to the vessel beginning each excursion and ‘‘ viii all passengers to be provided a copy of the emergency egress plan for the vessel ‘‘ B APPLICABILITY TO CERTAIN COVERED SMALL PASSENGER VESSELS —The requirements described in clauses iii v vii and viii of subparagraph A shall only H R 6395—1357 apply to a covered small passenger vessel that has overnight passenger accommodations ‘‘ 4 INTERIM REQUIREMENTS — ‘‘ A INTERIM REQUIREMENTS —The Secretary shall prior to issuing final regulations under paragraph 1 implement interim requirements to enforce the requirements under paragraph 3 ‘‘ B IMPLEMENTATION —The Secretary shall implement the interim requirements under subparagraph A without regard to chapters 5 and 6 of title 5 and Executive Order Nos 12866 and 13563 5 U S C 601 note relating to regulatory planning and review and relating to improving regulation and regulatory review ‘‘ 5 DEFINITION OF COVERED SMALL PASSENGER VESSEL — In this subsection the term ‘covered small passenger vessel’— ‘‘ A except as provided in subparagraph B means a small passenger vessel as defined in section 2101 that— ‘‘ i has overnight passenger accommodations or ‘‘ ii is operating on a coastwise or oceans route and ‘‘ B does not include a ferry as defined in section 2101 or fishing vessel as defined in section 2101 ’’ b SECTION 3202 —Section 3202 b of title 46 United States Code is amended— 1 by redesignating paragraphs 1 and 2 as subparagraphs A and B respectively and indenting appropriately 2 by striking ‘‘This chapter’’ and inserting the following ‘‘ 1 IN GENERAL —This chapter’’ and 3 by adding at the end the following ‘‘ 2 SAFETY MANAGEMENT SYSTEM —Notwithstanding any other provision in this chapter including paragraph 1 B any regulations under section 3203 including the safety management system established by such regulations issued on or after the date of enactment of the Elijah E Cummings Coast Guard Authorization Act of 2020 shall apply to all covered small passenger vessels as defined in section 3306 n 5 ’’ c SECTION 3203 —Section 3203 a of title 46 United States Code is amended by inserting ‘‘ including for purposes of this section all covered small passenger vessels as defined in section 3306 n 5 ’’ after ‘‘vessels to which this chapter applies’’ TITLE LVXXXV—TECHNICAL CONFORMING AND CLARIFYING AMENDMENTS Sec Sec Sec Sec Sec Sec Sec Sec 8501 8502 8503 8504 8505 8506 8507 8508 Sec Sec Sec Sec Sec 8509 8510 8511 8512 8513 Transfers Additional transfers License exemptions repeal of obsolete provisions Maritime transportation system References to ‘‘persons’’ and ‘‘seamen’’ References to ‘‘himself’’ and ‘‘his’’ Miscellaneous technical corrections Technical corrections relating to codification of Ports and Waterways Safety Act Aids to navigation Transfers related to employees of Lighthouse Service Transfers related to surviving spouses of Lighthouse Service employees Repeals related to lighthouse statutes Common appropriation structure H R 6395—1358 SEC 8501 TRANSFERS a IN GENERAL — 1 Section 215 of the Coast Guard and Maritime Transportation Act of 2004 Public Law 108–293 14 U S C 504 note is redesignated as section 322 of title 14 United States Code transferred to appear after section 321 of such title as added by this division and amended so that the enumerator section heading typeface and typestyle conform to those appearing in other sections in title 14 United States Code 2 Section 406 of the Maritime Transportation Security Act of 2002 Public Law 107–295 14 U S C 501 note is redesignated as section 720 of title 14 United States Code transferred to appear after section 719 of such title as added by this division and amended so that the enumerator section heading typeface and typestyle conform to those appearing in other sections in title 14 United States Code 3 Section 1110 of title 14 United States Code is redesignated as section 5110 of such title and transferred to appear after section 5109 of such title as added by this division 4 Section 401 of the Coast Guard Authorization Act of 2010 Public Law 111–281 is amended by striking subsection e 5 Subchapter I of chapter 11 of title 14 United States Code as amended by this division is amended by inserting after section 1109 the following ‘‘§ 1110 Elevation of disputes to the Chief Acquisition Officer ‘‘If after 90 days following the elevation to the Chief Acquisition Officer of any design or other dispute regarding level 1 or level 2 acquisition the dispute remains unresolved the Commandant shall provide to the appropriate congressional committees a detailed description of the issue and the rationale underlying the decision taken by the Chief Acquisition Officer to resolve the issue ’’ 6 Section 7 of the Rivers and Harbors Appropriations Act of 1915 33 U S C 471 is amended— A by transferring such section to appear after section 70005 of title 46 United States Code B by striking ‘‘SEC 7 ’’ and inserting ‘‘§70006 Establishment by Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally’’ and C by adjusting the margins with respect to subsections a and b for the presence of a section heading accordingly 7 Section 217 of the Coast Guard Authorization Act of 2010 Public Law 111–281 14 U S C 504 note — A is redesignated as section 5112 of title 14 United States Code transferred to appear after section 5111 of such title as added by this division and amended so that the enumerator section heading typeface and typestyle conform to those appearing in other sections in title 14 United States Code and B is amended— i by striking the heading and inserting the following H R 6395—1359 ‘‘§ 5112 Sexual assault and sexual harassment in the Coast Guard’’ and ii in subsection b by adding at the end the following ‘‘ 5 A The number of instances in which a covered individual was accused of misconduct or crimes considered collateral to the investigation of a sexual assault committed against the individual ‘‘ B The number of instances in which adverse action was taken against a covered individual who was accused of collateral misconduct or crimes as described in subparagraph A ‘‘ C The percentage of investigations of sexual assaults that involved an accusation or adverse action against a covered individual as described in subparagraphs A and B ‘‘ D In this paragraph the term ‘covered individual’ means an individual who is identified as a victim of a sexual assault in the case files of a military criminal investigative organization ’’ b CLERICAL AMENDMENTS — 1 The analysis for chapter 3 of title 14 United States Code as amended by this division is further amended by adding at the end the following ‘‘322 Redistricting notification requirement ’’ 2 The analysis for chapter 7 of title 14 United States Code as amended by this division is further amended by adding at the end the following ‘‘720 VHF communication services ’’ 3 The analysis for chapter 11 of title 14 United States Code is amended by striking the item relating to section 1110 and inserting the following ‘‘1110 Elevation of disputes to the Chief Acquisition Officer ’’ 4 The analysis for chapter 51 of title 14 United States Code as amended by this division is further amended by adding at the end the following ‘‘5110 Mission need statement ‘‘5111 Report on diversity at Coast Guard Academy ‘‘5112 Sexual assault and sexual harassment in the Coast Guard ’’ 5 The analysis for chapter 700 of title 46 United States Code is further amended by inserting after the item relating to section 70005 the following ‘‘70006 Establishment by the Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally ’’ SEC 8502 ADDITIONAL TRANSFERS a SECTION 204 OF THE MARINE TRANSPORTATION SECURITY ACT — 1 The Maritime Transportation Security Act of 2002 is amended by striking section 204 33 U S C 1902a 2 Section 3 of the Act to Prevent Pollution from Ships 33 U S C 1902 — A is amended by redesignating subsections e through i as subsections f through j respectively and B by inserting after subsection d the following ‘‘ e DISCHARGE OF AGRICULTURAL CARGO RESIDUE —Notwithstanding any other provision of law the discharge from a vessel of any agricultural cargo residue material in the form of hold washings shall be governed exclusively by the provisions of this H R 6395—1360 Act that implement Annex V to the International Convention for the Prevention of Pollution from Ships ’’ b LNG TANKERS — 1 The Coast Guard and Maritime Transportation Act of 2006 is amended by striking section 304 Public Law 109– 241 120 Stat 527 2 Section 5 of the Deepwater Port Act of 1974 33 U S C 1504 is amended by adding at the end the following ‘‘ j LNG TANKERS — ‘‘ 1 PROGRAM —The Secretary of Transportation shall develop and implement a program to promote the transportation of liquefied natural gas to and from the United States on United States flag vessels ‘‘ 2 INFORMATION TO BE PROVIDED —When the Coast Guard is operating as a contributing agency in the Federal Energy Regulatory Commission’s shoreside licensing process for a liquefied natural gas or liquefied petroleum gas terminal located on shore or within State seaward boundaries the Coast Guard shall provide to the Commission the information described in section 5 c 2 K of the Deepwater Port Act of 1974 33 U S C 1504 c 2 K with respect to vessels reasonably anticipated to be servicing that port ’’ SEC 8503 LICENSE EXEMPTIONS REPEAL OF OBSOLETE PROVISIONS a SERVICE UNDER LICENSES ISSUED WITHOUT EXAMINATION — 1 REPEAL —Section 8303 of title 46 United States Code and the item relating to that section in the analysis for chapter 83 of that title are repealed 2 CONFORMING AMENDMENT —Section 14305 a 10 of title 46 United States Code is amended by striking ‘‘sections 8303 and 8304’’ and inserting ‘‘section 8304’’ b STANDARDS FOR TANK VESSELS OF THE UNITED STATES — Section 9102 of title 46 United States Code is amended— 1 by striking ‘‘ a ’’ before the first sentence and 2 by striking subsection b SEC 8504 MARITIME TRANSPORTATION SYSTEM a MARITIME TRANSPORTATION SYSTEM —Section 312 b 4 of title 14 United States Code is amended by striking ‘‘marine transportation system’’ and inserting ‘‘maritime transportation system’’ b CLARIFICATION OF REFERENCE TO MARINE TRANSPORTATION SYSTEM PROGRAMS —Section 50307 a of title 46 United States Code is amended by striking ‘‘marine transportation’’ and inserting ‘‘maritime transportation’’ SEC 8505 REFERENCES TO ‘‘PERSONS’’ AND ‘‘SEAMEN’’ a TECHNICAL CORRECTION OF REFERENCES TO ‘‘PERSONS’’ — Title 14 United States Code is amended as follows 1 In section 312 d by striking ‘‘persons’’ and inserting ‘‘individuals’’ 2 In section 313 d 2 B by striking ‘‘person’’ and inserting ‘‘individual’’ 3 In section 504— A in subsection a 19 B by striking ‘‘a person’’ and inserting ‘‘an individual’’ and B in subsection c 4 by striking ‘‘seamen ’’ and inserting ‘‘mariners ’’ H R 6395—1361 4 In section 521 by striking ‘‘persons’’ each place it appears and inserting ‘‘individuals’’ 5 In section 522— A by striking ‘‘a person’’ and inserting ‘‘an individual’’ and B by striking ‘‘person’’ the second and third place it appears and inserting ‘‘individual’’ 6 In section 525 a 1 C ii by striking ‘‘person’’ and inserting ‘‘individual’’ 7 In section 526— A by striking ‘‘person’’ each place it appears and inserting ‘‘individual’’ B by striking ‘‘persons’’ each place it appears and inserting ‘‘individuals’’ and C in subsection b by striking ‘‘person’s’’ and inserting ‘‘individual’s’’ 8 In section 709— A by striking ‘‘persons’’ and inserting ‘‘individuals’’ and B by striking ‘‘person’’ and inserting ‘‘individual’’ 9 In section 933 b by striking ‘‘Every person’’ and inserting ‘‘An individual’’ 10 In section 1102 d by striking ‘‘persons’’ and inserting ‘‘individuals’’ 11 In section 1902 b 3 — A in subparagraph A by striking ‘‘person or persons’’ and inserting ‘‘individual or individuals’’ and B in subparagraph B by striking ‘‘person’’ and inserting ‘‘individual’’ 12 In section 1941 b by striking ‘‘persons’’ and inserting ‘‘individuals’’ 13 In section 2101 b by striking ‘‘person’’ and inserting ‘‘individual’’ 14 In section 2102 c by striking ‘‘A person’’ and inserting ‘‘An individual’’ 15 In section 2104 b — A by striking ‘‘persons’’ and inserting ‘‘individuals’’ and B by striking ‘‘A person’’ and inserting ‘‘An individual’’ 16 In section 2118 d by striking ‘‘person’’ and inserting ‘‘individual who is’’ 17 In section 2147 d by striking ‘‘a person’’ and inserting ‘‘an individual’’ 18 In section 2150 f by striking ‘‘person’’ and inserting ‘‘individual who is’’ 19 In section 2161 b by striking ‘‘person’’ and inserting ‘‘individual’’ 20 In section 2317— A by striking ‘‘persons’’ and inserting ‘‘individuals’’ B by striking ‘‘person’’ each place it appears and inserting ‘‘individual’’ and C in subsection c 2 by striking ‘‘person’s’’ and inserting ‘‘individual’s’’ 21 In section 2531— A by striking ‘‘person’’ each place it appears and inserting ‘‘individual’’ and H R 6395—1362 B by striking ‘‘persons’’ each place it appears and inserting ‘‘individuals’’ 22 In section 2709 by striking ‘‘persons’’ and inserting ‘‘individuals’’ 23 In section 2710— A by striking ‘‘persons’’ and inserting ‘‘individuals’’ and B by striking ‘‘person’’ each place it appears and inserting ‘‘individual’’ 24 In section 2711 b by striking ‘‘person’’ and inserting ‘‘individual’’ 25 In section 2732 by striking ‘‘a person’’ and inserting ‘‘an individual’’ 26 In section 2733— A by striking ‘‘A person’’ and inserting ‘‘An individual’’ and B by striking ‘‘that person’’ and inserting ‘‘that individual’’ 27 In section 2734 by striking ‘‘person’’ each place it appears and inserting ‘‘individual’’ 28 In section 2735 by striking ‘‘a person’’ and inserting ‘‘an individual’’ 29 In section 2736 by striking ‘‘person’’ and inserting ‘‘individual’’ 30 In section 2737 by striking ‘‘a person’’ and inserting ‘‘an individual’’ 31 In section 2738 by striking ‘‘person’’ and inserting ‘‘individual’’ 32 In section 2739 by striking ‘‘person’’ and inserting ‘‘individual’’ 33 In section 2740— A by striking ‘‘person’’ and inserting ‘‘individual’’ and B by striking ‘‘one’’ the second place it appears 34 In section 2741— A in subsection a by striking ‘‘a person’’ and inserting ‘‘an individual’’ B in subsection b 1 by striking ‘‘person’s’’ and inserting ‘‘individual’s’’ and C in subsection b 2 by striking ‘‘person’’ and inserting ‘‘individual’’ 35 In section 2743 by striking ‘‘person’’ each place it appears and inserting ‘‘individual’’ 36 In section 2744— A in subsection b by striking ‘‘a person’’ and inserting ‘‘an individual’’ and B in subsections a and c by striking ‘‘person’’ each place it appears and inserting ‘‘individual’’ 37 In section 2745 by striking ‘‘person’’ and inserting ‘‘individual’’ 38 A In section 2761— i in the section heading by striking ‘‘Persons’’ and inserting ‘‘Individuals’’ ii by striking ‘‘persons’’ and inserting ‘‘individuals’’ and iii by striking ‘‘person’’ and inserting ‘‘individual’’ H R 6395—1363 B In the analysis for chapter 27 by striking the item relating to section 2761 and inserting the following ‘‘2761 Individuals discharged as result of court-martial allowances to ’’ 39 A In the heading for section 2767 by striking ‘‘persons’’ and inserting ‘‘individuals’’ B In the analysis for chapter 27 by striking the item relating to section 2767 and inserting the following ‘‘2767 Reimbursement for medical-related travel expenses for certain individuals residing on islands in the continental United States ’’ 40 In section 2769— A by striking ‘‘a person’s’’ and inserting ‘‘an individual’s’’ and B in paragraph 1 by striking ‘‘person’’ and inserting ‘‘individual’’ 41 In section 2772 a 2 by striking ‘‘person’’ and inserting ‘‘individual’’ 42 In section 2773— A in subsection b by striking ‘‘persons’’ each place it appears and inserting ‘‘individuals’’ and B in subsection d by striking ‘‘a person’’ and inserting ‘‘an individual’’ 43 In section 2775 by striking ‘‘person’’ each place it appears and inserting ‘‘individual’’ 44 In section 2776 by striking ‘‘person’’ and inserting ‘‘individual’’ 45 A In section 2777— i in the heading by striking ‘‘persons’’ and inserting ‘‘individuals’’ and ii by striking ‘‘persons’’ each place it appears and inserting ‘‘individuals’’ B In the analysis for chapter 27 by striking the item relating to section 2777 and inserting the following ‘‘2777 Clothing for destitute shipwrecked individuals ’’ 46 In section 2779 by striking ‘‘persons’’ each place it appears and inserting ‘‘individuals’’ 47 In section 2902 c by striking ‘‘person’’ and inserting ‘‘individual’’ 48 In section 2903 b by striking ‘‘person’’ and inserting ‘‘individual’’ 49 In section 2904 b 1 B by striking ‘‘a person’’ and inserting ‘‘an individual’’ 50 In section 3706— A by striking ‘‘a person’’ and inserting ‘‘an individual’’ and B by striking ‘‘person’s’’ and inserting ‘‘individual’s’’ 51 In section 3707— A in subsection c — i by striking ‘‘person’’ and inserting ‘‘individual’’ and ii by striking ‘‘person’s’’ and inserting ‘‘individual’s’’ and B in subsection e by striking ‘‘a person’’ and inserting ‘‘an individual’’ 52 In section 3708 by striking ‘‘person’’ each place it appears and inserting ‘‘individual’’ 53 In section 3738— H R 6395—1364 A by striking ‘‘a person’’ each place it appears and inserting ‘‘an individual’’ B by striking ‘‘person’s’’ and inserting ‘‘individual’s’’ and C by striking ‘‘A person’’ and inserting ‘‘An individual’’ b CORRECTION OF REFERENCES TO PERSONS AND SEAMEN — 1 Section 2303a a of title 46 United States Code is amended by striking ‘‘persons’’ and inserting ‘‘individuals’’ 2 Section 2306 a 3 of title 46 United States Code is amended to read as follows ‘‘ 3 An owner charterer managing operator or agent of a vessel of the United States notifying the Coast Guard under paragraph 1 or 2 shall— ‘‘ A provide the name and identification number of the vessel the names of individuals on board and other information that may be requested by the Coast Guard and ‘‘ B submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under such paragraphs ’’ 3 Section 7303 of title 46 United States Code is amended by striking ‘‘seaman’’ each place it appears and inserting ‘‘individual’’ 4 Section 7319 of title 46 United States Code is amended by striking ‘‘seaman’’ each place it appears and inserting ‘‘individual’’ 5 Section 7501 b of title 46 United States Code is amended by striking ‘‘seaman’’ and inserting ‘‘holder’’ 6 Section 7508 b of title 46 United States Code is amended by striking ‘‘individual seamen or a specifically identified group of seamen’’ and inserting ‘‘an individual or a specifically identified group of individuals’’ 7 Section 7510 of title 46 United States Code is amended— A in subsection c 8 B by striking ‘‘merchant seamen’’ and inserting ‘‘merchant mariner’’ and B in subsection d by striking ‘‘merchant seaman’’ and inserting ‘‘merchant mariner’’ 8 Section 8103 k 3 C of title 46 United States Code is amended by striking ‘‘merchant mariners’’ each place it appears and inserting ‘‘merchant mariner’s’’ 9 Section 8104 of title 46 United States Code is amended— A in subsection c by striking ‘‘a licensed individual or seaman’’ and inserting ‘‘an individual’’ B in subsection d by striking ‘‘A licensed individual or seaman’’ and inserting ‘‘An individual’’ C in subsection e by striking ‘‘a seaman’’ each place it appears and inserting ‘‘an individual’’ and D in subsection j by striking ‘‘seaman’’ and inserting ‘‘individual’’ 10 Section 8302 d of title 46 United States Code is amended by striking ‘‘3 persons’’ and inserting ‘‘3 individuals’’ 11 Section 11201 of title 46 United States Code is amended by striking ‘‘a person’’ each place it appears and inserting ‘‘an individual’’ H R 6395—1365 12 Section 11202 of title 46 United States Code is amended— A by striking ‘‘a person’’ and inserting ‘‘an individual’’ and B by striking ‘‘the person’’ each place it appears and inserting ‘‘the individual’’ 13 Section 11203 of title 46 United States Code is amended— A by striking ‘‘a person’’ each place it appears and inserting ‘‘an individual’’ and B in subsection a 2 by striking ‘‘that person’’ and inserting ‘‘that individual’’ 14 Section 15109 i 2 of title 46 United States Code is amended by striking ‘‘additional persons’’ and inserting ‘‘additional individuals’’ SEC 8506 REFERENCES TO ‘‘HIMSELF’’ AND ‘‘HIS’’ a Section 1927 of title 14 United States Code is amended by— 1 striking ‘‘of his initial’’ and inserting ‘‘of an initial’’ and 2 striking ‘‘from his pay’’ and inserting ‘‘from the pay of such cadet’’ b Section 2108 b of title 14 United States Code is amended by striking ‘‘himself’’ and inserting ‘‘such officer’’ c Section 2732 of title 14 United States Code as amended by this division is further amended— 1 by striking ‘‘distinguishes himself conspicuously by’’ and inserting ‘‘displays conspicuous’’ and 2 by striking ‘‘his’’ and inserting ‘‘such individual’s’’ d Section 2736 of title 14 United States Code as amended by this division is further amended by striking ‘‘distinguishes himself by’’ and inserting ‘‘performs’’ e Section 2738 of title 14 United States Code as amended by this division is further amended by striking ‘‘distinguishes himself by’’ and inserting ‘‘displays’’ f Section 2739 of title 14 United States Code as amended by this division is further amended by striking ‘‘distinguishes himself by’’ and inserting ‘‘displays’’ g Section 2742 of title 14 United States Code is amended by striking ‘‘he distinguished himself’’ and inserting ‘‘of the acts resulting in the consideration of such award’’ h Section 2743 of title 14 United States Code as amended by this division is further amended— 1 by striking ‘‘distinguishes himself’’ and 2 by striking ‘‘he’’ and inserting ‘‘such individual’’ SEC 8507 MISCELLANEOUS TECHNICAL CORRECTIONS a MISCELLANEOUS TECHNICAL CORRECTIONS — 1 Section 3305 d 3 B of title 46 United States Code is amended by striking ‘‘Coast Guard Authorization Act of 2017’’ and inserting ‘‘Frank LoBiondo Coast Guard Authorization Act of 2018’’ 2 Section 4312 of title 46 United States Code is amended by striking ‘‘Coast Guard Authorization Act of 2017’’ each place it appears and inserting ‘‘Frank LoBiondo Coast Guard Authorization Act of 2018 Public Law 115–282 ’’ H R 6395—1366 3 The analysis for chapter 700 of title 46 United States Code is amended— A by striking the item relating to the heading for the first subchapter and inserting the following ‘‘SUBCHAPTER I—VESSEL OPERATIONS’’ B by striking the item relating to the heading for the second subchapter and inserting the following ‘‘SUBCHAPTER II—PORTS AND WATERWAYS SAFETY’’ C by striking the item relating to the heading for the third subchapter and the item relating to section 70021 of such chapter and inserting the following ‘‘SUBCHAPTER III—CONDITIONS FOR ENTRY INTO PORTS IN THE UNITED STATES ‘‘70021 Conditions for entry into ports in the United States ’’ D by striking the item relating to the heading for the fourth subchapter and inserting the following ‘‘SUBCHAPTER IV—DEFINITIONS REGULATIONS ENFORCEMENT INVESTIGATORY POWERS APPLICABILITY’’ E by striking the item relating to the heading for the fifth subchapter and inserting the following ‘‘SUBCHAPTER V—REGATTAS AND MARINE PARADES’’ and F by striking the item relating to the heading for the sixth subchapter and inserting the following ‘‘SUBCHAPTER VI—REGULATION OF VESSELS IN TERRITORIAL WATERS OF THE UNITED STATES’’ 4 Section 70031 of title 46 United States Code is amended by striking ‘‘A through C’’ and inserting ‘‘I through III’’ 5 Section 70032 of title 46 United States Code is amended by striking ‘‘A through C’’ and inserting ‘‘I through III’’ 6 Section 70033 of title 46 United States Code is amended by striking ‘‘A through C’’ and inserting ‘‘I through III’’ 7 Section 70034 of title 46 United States Code is amended by striking ‘‘A through C’’ each place it appears and inserting ‘‘I through III’’ 8 Section 70035 a of title 46 United States Code is amended by striking ‘‘A through C’’ and inserting ‘‘I through III’’ 9 Section 70036 of title 46 United States Code is amended by— A striking ‘‘A through C’’ each place it appears and inserting ‘‘I through III’’ and B striking ‘‘A B or C’’ each place it appears and inserting ‘‘I II or III’’ 10 Section 70051 of title 46 United States Code is amended— A by striking ‘‘immediate Federal response ’’ and all that follows through ‘‘subject to the approval’’ and inserting ‘‘immediate Federal response the Secretary of the department in which the Coast Guard is operating may make subject to the approval’’ and H R 6395—1367 B by striking ‘‘authority to issue such rules’’ and all that follows through ‘‘Any appropriation’’ and inserting ‘‘authority to issue such rules and regulations to the Secretary of the department in which the Coast Guard is operating Any appropriation’’ 11 Section 70052 e of title 46 United States Code is amended by striking ‘‘Secretary’’ and inserting ‘‘Secretary of the department in which the Coast Guard is operating’’ each place it appears b ALTERATION OF BRIDGES TECHNICAL CHANGES —The Act of June 21 1940 33 U S C 511 et seq popularly known as the Truman-Hobbs Act is amended by striking section 12 33 U S C 522 c REPORT OF DETERMINATION TECHNICAL CORRECTION —Section 105 f 2 of the Pribilof Islands Transition Act 16 U S C 1161 note Public Law 106–562 is amended by striking ‘‘subsection a ’’ and inserting ‘‘paragraph 1 ’’ d TECHNICAL CORRECTIONS TO FRANK LOBIONDO COAST GUARD AUTHORIZATION ACT OF 2018 — 1 Section 408 of the Frank LoBiondo Coast Guard Authorization Act of 2018 Public Law 115–282 and the item relating to such section in section 2 of such Act are repealed and the provisions of law redesignated transferred or otherwise amended by section 408 are amended to read as if such section were not enacted 2 Section 514 b of the Frank LoBiondo Coast Guard Authorization Act of 2018 Public Law 115–282 is amended by striking ‘‘Chapter 30’’ and inserting ‘‘Chapter 3’’ 3 Section 810 d of the Frank LoBiondo Coast Guard Authorization Act of 2018 Public Law 115–282 is amended by striking ‘‘within 30 days after receiving the notice under subsection a 1 the Secretary shall by not later than 60 days after transmitting such notice ’’ and inserting ‘‘in accordance within subsection a 2 the Secretary shall’’ 4 Section 820 a of the Frank LoBiondo Coast Guard Authorization Act of 2018 Public Law 115–282 is amended by striking ‘‘years 2018 and’’ and inserting ‘‘year’’ 5 Section 820 b 2 of the Frank LoBiondo Coast Guard Authorization Act of 2018 Public Law 115–282 is amended by inserting ‘‘and the Consolidated Appropriations Act 2018 Public Law 115–141 ’’ after ‘‘ Public Law 115–31 ’’ 6 Section 821 a 2 of the Frank LoBiondo Coast Guard Authorization Act of 2018 Public Law 115–282 is amended by striking ‘‘Coast Guard Authorization Act of 2017’’ and inserting ‘‘Frank LoBiondo Coast Guard Authorization Act of 2018’’ 7 This section shall take effect on the date of the enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018 Public Law 115–282 and apply as if included therein e TECHNICAL CORRECTION —Section 533 d 2 A of the Coast Guard Authorization Act of 2016 Public Law 114–120 is amended by striking ‘‘Tract 6’’ and inserting ‘‘such Tract’’ f DISTANT WATER TUNA FLEET TECHNICAL CORRECTIONS — Section 421 of the Coast Guard and Maritime Transportation Act of 2006 Public Law 109–241 is amended— 1 in subsection a — H R 6395—1368 A by striking ‘‘Notwithstanding’’ and inserting the following ‘‘ 1 IN GENERAL —Notwithstanding’’ and B by adding at the end the following ‘‘ 2 DEFINITION —In this subsection the term ‘treaty area’ has the meaning given the term in the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America as in effect on the date of the enactment of the Coast Guard and Maritime Transportation Act of 2006 Public Law 109–241 ’’ and 2 in subsection c — A by striking ‘‘12 6 or 12 7’’ and inserting ‘‘13 6’’ and B by striking ‘‘and Maritime Transportation Act of 2012’’ and inserting ‘‘Authorization Act of 2020’’ SEC 8508 TECHNICAL CORRECTIONS RELATING TO CODIFICATION OF PORTS AND WATERWAYS SAFETY ACT Effective upon the enactment of section 401 of the Frank LoBiondo Coast Guard Authorization Act of 2018 Public Law 115– 282 and notwithstanding section 402 e of such Act— 1 section 16 of the Ports and Waterways Safety Act as added by section 315 of the Countering America’s Adversaries Through Sanctions Act Public Law 115–44 131 Stat 947 — A is redesignated as section 70022 of title 46 United States Code transferred to appear after section 70021 of that title and amended so that the enumerator section heading typeface and typestyle conform to those appearing in other sections in title 46 United States Code and B as so redesignated and transferred is amended— i in subsections b and e by striking ‘‘section 4 a 5 ’’ each place it appears and inserting ‘‘section 70001 a 5 ’’ ii in subsection c 2 by striking ‘‘not later than’’ and all that follows through ‘‘thereafter ’’ and inserting ‘‘periodically’’ and iii by striking subsection h and 2 chapter 700 of title 46 United States Code is amended— A in section 70002 2 by inserting ‘‘or 70022’’ after ‘‘section 70021’’ B in section 70036 e by inserting ‘‘or 70022’’ after ‘‘section 70021’’ and C in the analysis for such chapter— i by inserting ‘‘Sec ’’ above the section items in accordance with the style and form of such an entry in other chapter analyses of such title and ii by adding at the end the following ‘‘70022 Prohibition on entry and operation ’’ SEC 8509 AIDS TO NAVIGATION a Section 541 of title 14 United States Code is amended— 1 by striking ‘‘In’’ and inserting ‘‘ a In’’ and 2 by adding at the end the following ‘‘ b In the case of pierhead beacons the Commandant may— H R 6395—1369 ‘‘ 1 acquire by donation or purchase in behalf of the United States the right to use and occupy sites for pierhead beacons and ‘‘ 2 properly mark all pierheads belonging to the United States situated on the northern and northwestern lakes whenever the Commandant is duly notified by the department charged with the construction or repair of pierheads that the construction or repair of any such pierheads has been completed ’’ b Subchapter III of chapter 5 of title 14 United States Code is amended by adding at the end the following ‘‘§ 548 Prohibition against officers and employees being interested in contracts for materials ‘‘No officer enlisted member or civilian member of the Coast Guard in any manner connected with the construction operation or maintenance of lighthouses shall be interested either directly or indirectly in any contract for labor materials or supplies for the construction operation or maintenance of lighthouses or in any patent plan or mode of construction or illumination or in any article of supply for the construction operation or maintenance of lighthouses ‘‘§ 549 Lighthouse and other sites necessity and sufficiency of cession by State of jurisdiction ‘‘ a No lighthouse beacon public pier or landmark shall be built or erected on any site until cession of jurisdiction over the same has been made to the United States ‘‘ b For the purposes of subsection a a cession by a State of jurisdiction over a place selected as the site of a lighthouse or other structure or work referred to in subsection a shall be deemed sufficient if the cession contains a reservation that process issued under authority of such State may continue to be served within such place ‘‘ c If no reservation of service described in subsection b is contained in a cession all process may be served and executed within the place ceded in the same manner as if no cession had been made ‘‘§ 550 Marking pierheads in certain lakes ‘‘The Commandant of the Coast Guard shall properly mark all pierheads belonging to the United States situated on the northern and northwestern lakes whenever he is duly notified by the department charged with the construction or repair of pierheads that the construction or repair of any such pierhead has been completed ’’ c CLERICAL AMENDMENT —The analysis for chapter 5 of title 14 United States Code is amended by inserting after the item relating to section 547 the following ‘‘548 Prohibition against officers and employees being interested in contracts for materials ‘‘549 Lighthouse and other sites necessity and sufficiency of cession by State of jurisdiction ‘‘550 Marking pierheads in certain lakes ’’ H R 6395—1370 SEC 8510 TRANSFERS RELATED TO EMPLOYEES OF LIGHTHOUSE SERVICE a Section 6 of chapter 103 of the Act of June 20 1918 33 U S C 763 is repealed b Chapter 25 of title 14 United States Code is amended by inserting after section 2531 the following ‘‘§ 2532 Retirement of employees ‘‘ a OPTIONAL RETIREMENT —Except as provided in subsections d and e a covered employee may retire from further performance of duty if such officer or employee— ‘‘ 1 has completed 30 years of active service in the Government and is at least 55 years of age ‘‘ 2 has completed 25 years of active service in the Government and is at least 62 years of age or ‘‘ 3 is involuntarily separated from further performance of duty except by removal for cause on charges of misconduct or delinquency after completing 25 years of active service in the Government or after completing 20 years of such service and if such employee is at least 50 years of age ‘‘ b COMPULSORY RETIREMENT —A covered employee who becomes 70 years of age shall be compulsorily retired from further performance of duty ‘‘ c RETIREMENT FOR DISABILITY — ‘‘ 1 IN GENERAL —A covered employee who has completed 15 years of active service in the Government and is found after examination by a medical officer of the United States to be disabled for useful and efficient service by reason of disease or injury not due to vicious habits intemperance or willful misconduct of such officer or employee shall be retired ‘‘ 2 RESTORATION TO ACTIVE DUTY —Any individual retired under paragraph 1 may upon recovery be restored to active duty and shall from time to time before reaching the age at which such individual may retire under subsection a be reexamined by a medical officer of the United States upon the request of the Secretary of the department in which the Coast Guard is operating ‘‘ d ANNUAL COMPENSATION — ‘‘ 1 IN GENERAL —Except as provided in paragraph 2 The annual compensation of a person retired under this section shall be a sum equal to one-fortieth of the average annual pay received for the last 3 years of service for each year of active service in the Lighthouse Service or in a department or branch of the Government having a retirement system not to exceed thirty-fortieths of such average annual pay received ‘‘ 2 RETIREMENT BEFORE 55 —The retirement pay computed under paragraph 1 for any officer or employee retiring under this section shall be reduced by one-sixth of 1 percent for each full month the officer or employee is under 55 years of age at the date of retirement ‘‘ 3 NO ALLOWANCE OR SUBSISTENCE —Retirement pay under this section shall not include any amount on account of subsistence or other allowance ‘‘ e EXCEPTION —The retirement and pay provision in this section shall not apply to— ‘‘ 1 any person in the field service of the Lighthouse Service whose duties do not require substantially all their time or H R 6395—1371 ‘‘ 2 persons of the Coast Guard ‘‘ f WAIVER —Any person entitled to retirement pay under this section may decline to accept all or any part of such retirement pay by a waiver signed and filed with the Secretary of the Treasury Such waiver may be revoked in writing at any time but no payment of the retirement pay waived shall be made covering the period during which such waiver was in effect ‘‘ g DEFINITION —For the purposes of this section the term ‘covered employee’ means an officer or employee engaged in the field service or on vessels of the Lighthouse Service except a person continuously employed in district offices or shop ’’ c CLERICAL AMENDMENT —The analysis for chapter 25 of title 14 United States Code is amended by inserting after the item relating to section 2531 the following ‘‘2532 Retirement of employees ’’ SEC 8511 TRANSFERS RELATED TO SURVIVING SPOUSES OF LIGHTHOUSE SERVICE EMPLOYEES a BENEFIT TO SURVIVING SPOUSES —Chapter 25 of title 14 United States Code is further amended by inserting after section 2532 as added by this division the following ‘‘§ 2533 Surviving spouses ‘‘The Secretary of the department in which the Coast Guard is operating shall pay $100 per month to the surviving spouse of a current or former employee of the Lighthouse Service in accordance with section 2532 if such employee dies— ‘‘ 1 at a time when such employee was receiving or was entitled to receive retirement pay under this subchapter or ‘‘ 2 from non-service-connected causes after fifteen or more years of employment in such service ’’ b TRANSFERS RELATED TO SURVIVING SPOUSES OF LIGHTHOUSE SERVICE EMPLOYEES — 1 Chapter 25 of title 14 United States Code is amended by inserting after section 2533 as added by this division the following ‘‘§ 2534 Application for benefits’’ 2 A Section 3 of chapter 761 of the Act of August 19 1950 33 U S C 773 is redesignated as section 2534 a of title 14 United States Code transferred to appear after the heading of section 2534 of that title and amended so that the enumerator section heading typeface and typestyle conform to those appearing in other sections in title 14 United States Code B Section 2534 a as so redesignated transferred and amended is further amended by striking ‘‘this Act’’ and inserting ‘‘section 2533’’ 3 A Section 4 of chapter 761 of the Act of August 19 1950 33 U S C 774 is redesignated as section 2534 b of title 14 United States Code transferred to appear after section 2534 a of that title and amended so that the enumerator section heading typeface and typestyle conform to those appearing in other sections in title 14 United States Code B Section 2534 b as so redesignated transferred and amended is further amended by striking ‘‘the provisions of this Act’’ and inserting ‘‘section 2533’’ H R 6395—1372 4 A The proviso under the heading ‘‘Payment to Civil Service Retirement and Disability Fund’’ of title V of division C of Public Law 112–74 33 U S C 776 is redesignated as section 2534 c of title 14 United States Code transferred to appear after section 2534 b of that title and amended so that the enumerator section heading typeface and typestyle conform to those appearing in other sections in title 14 United States Code B Section 2534 c as so redesignated transferred and amended is further amended by striking ‘‘the Act of May 29 1944 and the Act of August 19 1950 33 U S C 771–775 ’’ and inserting ‘‘section 2533’’ c CLERICAL AMENDMENT —The analysis for chapter 25 of title 14 United States Code is further amended by inserting after the item relating to section 2532 as added by this division the following ‘‘2533 Surviving spouses ‘‘2534 Application for benefits ’’ SEC 8512 REPEALS RELATED TO LIGHTHOUSE STATUTES a IN GENERAL —The following provisions are repealed 1 Section 4680 of the Revised Statutes of the United States 33 U S C 725 2 Section 4661 of the Revised Statutes of the United States 33 U S C 727 3 Section 4662 of the Revised Statutes of the United States 33 U S C 728 4 The final paragraph in the account ‘‘For Life-Saving and Life-Boat Stations’’ under the heading Treasury Department in the first section of chapter 130 of the Act of March 3 1875 33 U S C 730a 5 Section 11 of chapter 301 of the Act of June 17 1910 33 U S C 743 6 The first section of chapter 215 of the Act of May 13 1938 33 U S C 745a 7 The first section of chapter 313 of the Act of February 25 1929 33 U S C 747b 8 Section 2 of chapter 103 of the Act of June 20 1918 33 U S C 748 9 Section 4 of chapter 371 of the Act of May 22 1926 33 U S C 754a 10 Chapter 642 of the Act of August 10 1939 33 U S C 763a–1 11 Chapter 788 of the Act of October 29 1949 33 U S C 763–1 12 Chapter 524 of the Act of July 9 1956 33 U S C 763–2 13 The last 2 provisos under the heading Lighthouse Service under the heading Department of Commerce in the first section of chapter 161 of the Act of March 4 1921 41 Stat 1417 formerly 33 U S C 764 14 Section 3 of chapter 215 of the Act of May 13 1938 33 U S C 770 15 The first section and section 2 of chapter 761 of the Act of August 19 1950 33 U S C 771 and 772 b SAVINGS — H R 6395—1373 1 Notwithstanding any repeals made by this section any individual beneficiary currently receiving payments under the authority of any provisions repealed in this section shall continue to receive such benefits 2 Notwithstanding the repeals made under paragraphs 10 and 11 of subsection a any pay increases made under chapter 788 of the Act of October 29 1949 and chapter 524 of the Act of July 9 1956 as in effect prior to their repeal shall remain in effect SEC 8513 COMMON APPROPRIATION STRUCTURE a COMMON APPROPRIATIONS STRUCTURE — 1 PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE MEDICAL CARE —Section 506 of title 14 United States Code is amended— A in subsection a 1 by inserting ‘‘as established under chapter 56 of title 10’’ after ‘‘Medicare-Eligible Retiree Health Care Fund’’ and B in subsection b 1 by striking ‘‘operating expenses’’ and inserting ‘‘operations and support’’ 2 USE OF CERTAIN APPROPRIATED FUNDS —Section 903 of title 14 United States Code is amended— A in subsection a by striking ‘‘acquisition construction and improvement of facilities for research development test and evaluation and for the alteration of bridges over the navigable waters’’ and inserting ‘‘procurement construction and improvement of facilities and for research and development’’ and B in subsection d 1 amended by section 241 b 1 by striking ‘‘operating expenses’’ and inserting ‘‘operations and support’’ 3 CONFIDENTIAL INVESTIGATIVE EXPENSES —Section 944 of title 14 United States Code is amended— A by striking ‘‘necessary expenses for the operation’’ and inserting ‘‘the operations and support’’ and B by striking ‘‘his’’ each place it appears and inserting ‘‘the Commandant’s’’ 4 PROCUREMENT OF PERSONNEL —Section 2701 of title 14 United States Code is amended— A by striking ‘‘operating expense’’ and inserting ‘‘operations and support’’ B by striking ‘‘but not limited to’’ and C by striking ‘‘in order’’ 5 REQUIREMENT FOR PRIOR AUTHORIZATION OF APPROPRIATIONS —Section 4901 of title 14 United States Code is amended— A in paragraph 1 by striking ‘‘maintenance’’ and inserting ‘‘support’’ B in paragraph 2 by striking ‘‘acquisition’’ and inserting ‘‘procurement’’ C by striking paragraphs 3 4 and 6 D by redesignating paragraph 5 as paragraph 3 and E in paragraph 3 as redesignated by subparagraph D by striking ‘‘research development test and evaluation’’ and inserting ‘‘research and development ’’ H R 6395—1374 b TITLE 46 —Sections 3317 b 7504 80301 c and 80505 b 3 of title 46 United States Code are each amended by striking ‘‘operating expenses’’ and inserting ‘‘operations and support’’ c OIL SPILL LIABILITY TRUST FUND —Section 1012 a 5 A of the Oil Pollution Act of 1990 33 U S C 2712 a 5 A is amended by striking ‘‘operating expenses’’ and inserting ‘‘operations and support’’ TITLE LVXXXVI—FEDERAL MARITIME COMMISSION SEC 8601 SHORT TITLE This title may be cited as the ‘‘Federal Maritime Commission Authorization Act of 2020’’ SEC 8602 AUTHORIZATION OF APPROPRIATIONS Section 308 of title 46 United States Code is amended by striking ‘‘$28 012 310 for fiscal year 2018 and $28 544 543 for fiscal year 2019’’ and inserting ‘‘$29 086 888 for fiscal year 2020 and $29 639 538 for fiscal year 2021’’ SEC 8603 UNFINISHED PROCEEDINGS Section 305 of title 46 United States Code is amended— 1 by striking ‘‘The Federal’’ and inserting ‘‘ a IN GENERAL —The Federal’’ and 2 by adding at the end the following ‘‘ b TRANSPARENCY — ‘‘ 1 IN GENERAL —In conjunction with the transmittal by the President to the Congress of the Budget of the United States for fiscal year 2021 and biennially thereafter the Federal Maritime Commission shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives reports that describe the Commission’s progress toward addressing the issues raised in each unfinished regulatory proceeding regardless of whether the proceeding is subject to a statutory or regulatory deadline ‘‘ 2 FORMAT OF REPORTS —Each report under paragraph 1 shall among other things clearly identify for each unfinished regulatory proceeding— ‘‘ A the popular title ‘‘ B the current stage of the proceeding ‘‘ C an abstract of the proceeding ‘‘ D what prompted the action in question ‘‘ E any applicable statutory regulatory or judicial deadline ‘‘ F the associated docket number ‘‘ G the date the rulemaking was initiated ‘‘ H a date for the next action and ‘‘ I if a date for the next action identified in the previous report is not met the reason for the delay ’’ SEC 8604 NATIONAL SHIPPER ADVISORY COMMITTEE a IN GENERAL —Part B of subtitle IV of title 46 United States Code is amended by adding at the end the following H R 6395—1375 ‘‘CHAPTER 425—NATIONAL SHIPPER ADVISORY COMMITTEE ‘‘42501 Definitions ‘‘42502 National Shipper Advisory Committee ‘‘42503 Administration ‘‘§ 42501 Definitions ‘‘In this chapter ‘‘ 1 COMMISSION —The term ‘Commission’ means the Federal Maritime Commission ‘‘ 2 COMMITTEE —The term ‘Committee’ means the National Shipper Advisory Committee established under section 42502 ‘‘§ 42502 National Shipper Advisory Committee ‘‘ a ESTABLISHMENT —There is established a National Shipper Advisory Committee ‘‘ b FUNCTION —The Committee shall advise the Federal Maritime Commission on policies relating to the competitiveness reliability integrity and fairness of the international ocean freight delivery system ‘‘ c MEMBERSHIP — ‘‘ 1 IN GENERAL —The Committee shall consist of 24 members appointed by the Commission in accordance with this section ‘‘ 2 EXPERTISE —Each member of the Committee shall have particular expertise knowledge and experience in matters relating to the function of the Committee ‘‘ 3 REPRESENTATION —REPRESENTATION —Members of the Committee shall be appointed as follows — ‘‘ A Twelve members shall represent entities who import cargo to the United States using ocean common carriers ‘‘ B Twelve members shall represent entities who export cargo from the United States using ocean common carriers ‘‘§ 42503 Administration ‘‘ a MEETINGS —The Committee shall not less than once each year meet at the call of the Commission or a majority of the members of the Committee ‘‘ b EMPLOYEE STATUS —A member of the Committee shall not be considered an employee of the Federal Government by reason of service on such Committee except for the purposes of the following ‘‘ 1 Chapter 81 of title 5 ‘‘ 2 Chapter 171 of title 28 and any other Federal law relating to tort liability ‘‘ c VOLUNTEER SERVICES AND COMPENSATION — ‘‘ 1 Notwithstanding any other provision of law a member of the Committee may serve on such committee on a voluntary basis without pay ‘‘ 2 No member of the Committee shall receive compensation for service on the Committee ‘‘ d STATUS OF MEMBERS — H R 6395—1376 ‘‘ 1 IN GENERAL —Except as provided in paragraph 2 with respect to a member of the Committee whom the Commission appoints to represent an entity or group— ‘‘ A the member is authorized to represent the interests of the applicable entity or group and ‘‘ B requirements under Federal law that would interfere with such representation and that apply to a special Government employee as defined in section 202 a of title 18 including requirements relating to employee conduct political activities ethics conflicts of interest and corruption do not apply to the member ‘‘ 2 EXCEPTION —Notwithstanding subsection b a member of the Committee shall be treated as a special Government employee for purposes of the committee service of the member if the member without regard to service on the Committee is a special Government employee ‘‘ e SERVICE ON COMMITTEE — ‘‘ 1 SOLICITATION OF NOMINATIONS —Before appointing an individual as a member of the Committee the Commission shall publish a timely notice in the Federal Register soliciting nominations for membership on such Committee ‘‘ 2 APPOINTMENTS — ‘‘ A IN GENERAL —After considering nominations received pursuant to a notice published under paragraph 1 the Commission may appoint a member to the Committee ‘‘ B PROHIBITION —The Commission shall not seek consider or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee ‘‘ 3 SERVICE AT PLEASURE OF COMMISSION —Each member of the Committee shall serve at the pleasure of the Commission ‘‘ 4 SECURITY BACKGROUND EXAMINATIONS —The Commission may require an individual to have passed an appropriate security background examination before appointment to the Committee ‘‘ 5 PROHIBITION —A Federal employee may not be appointed as a member of the Committee ‘‘ 6 TERMS — ‘‘ A IN GENERAL —The term of each member of the Committee shall expire on December 31 of the third full year after the effective date of the appointment ‘‘ B CONTINUED SERVICE AFTER TERM —When the term of a member of the Committee ends the member for a period not to exceed 1 year may continue to serve as a member until a successor is appointed ‘‘ 7 VACANCIES —A vacancy on the Committee shall be filled in the same manner as the original appointment ‘‘ 8 SPECIAL RULE FOR REAPPOINTMENTS —Notwithstanding paragraphs 1 and 2 the Commission may reappoint a member of a committee for any term other than the first term of the member without soliciting receiving or considering nominations for such appointment ‘‘ f STAFF SERVICES —The Commission shall furnish to the Committee any staff and services considered by the Commission to be necessary for the conduct of the Committee’s functions ‘‘ g CHAIR VICE CHAIR — H R 6395—1377 ‘‘ 1 IN GENERAL —The Committee shall elect a Chair and Vice Chair from among the committee’s members ‘‘ 2 VICE CHAIRMAN ACTING AS CHAIRMAN —The Vice Chair shall act as Chair in the absence or incapacity of or in the event of a vacancy in the office of the Chair ‘‘ h SUBCOMMITTEES AND WORKING GROUPS — ‘‘ 1 IN GENERAL —The Chair of the Committee may establish and disestablish subcommittees and working groups for any purpose consistent with the function of the Committee ‘‘ 2 PARTICIPANTS —Subject to conditions imposed by the Chair members of the Committee may be assigned to subcommittees and working groups established under paragraph 1 ‘‘ i CONSULTATION ADVICE REPORTS AND RECOMMENDATIONS — ‘‘ 1 CONSULTATION —Before taking any significant action the Commission shall consult with and consider the information advice and recommendations of the Committee if the function of the Committee is to advise the Commission on matters related to the significant action ‘‘ 2 ADVICE REPORTS AND RECOMMENDATIONS —The Committee shall submit in writing to the Commission its advice reports and recommendations in a form and at a frequency determined appropriate by the Committee ‘‘ 3 EXPLANATION OF ACTIONS TAKEN —Not later than 60 days after the date on which the Commission receives recommendations from the Committee under paragraph 2 the Commission shall— ‘‘ A publish the recommendations on a public website and ‘‘ B respond in writing to the Committee regarding the recommendations including by providing an explanation of actions taken regarding the recommendations ‘‘ 4 SUBMISSION TO CONGRESS —The Commission shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce Science and Transportation of the Senate the advice reports and recommendations received from the Committee under paragraph 2 ‘‘ j OBSERVERS —The Commission may designate a representative to— ‘‘ 1 attend any meeting of the Committee and ‘‘ 2 participate as an observer at such meeting ‘‘ k TERMINATION —The Committee shall terminate on September 30 2029 ’’ b NO ADDITIONAL FUNDS AUTHORIZED —No funds in addition to the funds authorized in section 308 of title 46 United States Code are authorized to carry out this title or the amendments made by this section c CLERICAL AMENDMENT —The analysis for subtitle IV of title 46 United States Code is amended by inserting after the item related to chapter 423 the following ‘‘CHAPTER 425—NATIONAL SHIPPER ADVISORY COMMITTEE’’ SEC 8605 TRANSFER OF FEDERAL MARITIME COMMISSION PROVISIONS a TRANSFER — H R 6395—1378 1 Subtitle IV of title 46 United States Code is amended by adding at the end the following ‘‘PART D—FEDERAL MARITIME COMMISSION ‘‘CHAPTER 461—FEDERAL MARITIME COMMISSION’’ 2 Chapter 3 of title 46 United States Code is redesignated as chapter 461 of part D of subtitle IV of such title and transferred to appear in such part 3 Sections 301 through 308 of such title are redesignated as sections 46101 through 46108 respectively of such title b CONFORMING AMENDMENTS — 1 Section 46101 c 3 A v of title 46 United States Code as so redesignated is amended by striking ‘‘304’’ and inserting ‘‘46104’’ 2 section 322 b of the Coast Guard Personnel and Maritime Safety Act of 2002 31 U S C 1113 note is amended by striking ‘‘208 of the Merchant Marine Act 1936 46 App U S C 1118 ’’ and inserting ‘‘46106 a of title 46 United States Code’’ 3 Section 1031 23 of the National Defense Authorization Act for Fiscal Year 2000 31 U S C 1113 note is amended by striking ‘‘208 901 b 2 and 1211 of the Merchant Marine Act 1936 46 App U S C 1118 1241 b 2 1291 ’’ and inserting ‘‘44106 a and 55305 d of title 46 United States Code’’ 4 The analysis for subtitle I of title 46 United States Code is amended by striking the item relating to chapter 3 5 The analysis for subtitle IV of such title is amended by adding at the end the following ‘‘Part D—Federal Maritime Commission ‘‘461 Federal Maritime Commission 46101’’ 6 The analysis for chapter 461 of part D of subtitle IV of such title as so redesignated is amended to read as follows ‘‘Sec ‘‘46101 ‘‘46102 ‘‘46103 ‘‘46104 ‘‘46105 ‘‘46106 ‘‘46107 ‘‘46108 General organization Quorum Meetings Delegation of authority Regulations Annual report Expenditures Authorization of appropriations ’’ c TECHNICAL CORRECTION —Section 46103 c 3 of title 46 United States Code as so redesignated is amended by striking ‘‘555b c ’’ and inserting ‘‘552b c ’’ DIVISION H—OTHER MATTERS TITLE XC—HOMELAND SECURITY MATTERS Sec 9001 Department of Homeland Security CISA Director Sec 9002 Sector risk management agencies H R 6395—1379 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 SEC 9001 DEPARTMENT OF HOMELAND SECURITY CISA DIRECTOR a IN GENERAL —Subsection b of section 2202 of the Homeland Security Act of 2002 6 U S C 652 is amended by— 1 redesignating paragraph 2 as paragraph 3 and 2 inserting after paragraph 1 the following new paragraph ‘‘ 2 QUALIFICATIONS — ‘‘ A IN GENERAL —The Director shall be appointed from among individuals who have— ‘‘ i extensive knowledge in at least two of the areas specified in subparagraph B and ‘‘ ii not fewer than five years of demonstrated experience in efforts to foster coordination and collaboration between the Federal Government the private sector and other entities on issues related to cybersecurity infrastructure security or security risk management ‘‘ B SPECIFIED AREAS —The areas specified in this subparagraph are the following ‘‘ i Cybersecurity ‘‘ ii Infrastructure security ‘‘ iii Security risk management ’’ b AMENDMENT TO POSITION LEVEL OF CISA DIRECTOR —Subchapter II of chapter 53 of title 5 United States Code is amended— 1 in section 5313 by inserting after ‘‘Administrator of the Transportation Security Administration ’’ the following ‘‘Director Cybersecurity and Infrastructure Security Agency ’’ and 2 in section 5314 by striking ‘‘Director Cybersecurity and Infrastructure Security Agency ’’ c EXECUTIVE ASSISTANT DIRECTOR FOR CYBERSECURITY — 1 IN GENERAL —Section 2203 of the Homeland Security Act of 2002 6 U S C 653 is amended— A in subsection a — i in paragraph 2 — I in the heading by striking ‘‘ASSISTANT DIRECTOR —’’ and inserting ‘‘EXECUTIVE ASSISTANT DIRECTOR —’’ and II in the matter preceding subparagraph A — aa by striking ‘‘Assistant Director for Cybersecurity’’ and inserting ‘‘Executive Assistant Director for Cybersecurity’’ and bb by striking ‘‘the ‘Assistant Director’ and inserting ‘the Executive Assistant Director’ ’’ and ii in paragraph 3 — I by inserting ‘‘or Assistant Director for Cybersecurity’’ after ‘‘Assistant Secretary for Cybersecurity and Communications’’ and H R 6395—1380 II by striking ‘‘Assistant Director for Cybersecurity ’’ and inserting ‘‘Executive Assistant Director for Cybersecurity ’’ and B in subsection b in the matter preceding paragraph 1 by striking ‘‘Assistant Director’’ and inserting ‘‘Executive Assistant Director’’ 2 CONTINUATION IN OFFICE —The individual serving as the Assistant Director for Cybersecurity of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security on the day before the date of enactment of this Act may serve as the Executive Assistant Director for Cybersecurity on and after that date without the need for renomination or reappointment d EXECUTIVE ASSISTANT DIRECTOR FOR INFRASTRUCTURE SECURITY — 1 IN GENERAL —Section 2204 of the Homeland Security Act of 2002 6 U S C 654 is amended— A in subsection a — i in paragraph 2 — I in the heading by striking ‘‘ASSISTANT DIRECTOR —’’ and inserting ‘‘EXECUTIVE ASSISTANT DIRECTOR —’’ and II in the matter preceding subparagraph A — aa by striking ‘‘Assistant Director for Infrastructure Security’’ and inserting ‘‘Executive Assistant Director for Infrastructure Security’’ and bb by striking ‘‘the ‘Assistant Director’ and inserting ‘the Executive Assistant Director’ ’’ and ii in paragraph 3 — I by inserting ‘‘or Assistant Director for Infrastructure Security’’ after ‘‘Assistant Secretary for Infrastructure Protection’’ and II by striking ‘‘Assistant Director for Infrastructure Security ’’ and inserting ‘‘Executive Assistant Director for Infrastructure Security ’’ and B in subsection b by striking ‘‘Assistant Director’’ in the matter preceding paragraph 1 and inserting ‘‘Executive Assistant Director’’ 2 CONTINUATION IN OFFICE —The individual serving as the Assistant Director for Infrastructure Security of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security on the day before the date of enactment of this Act may serve as the Executive Assistant Director for Infrastructure Security on and after that date without the need for renomination or reappointment e EXECUTIVE ASSISTANT DIRECTOR FOR EMERGENCY COMMUNICATIONS — 1 IN GENERAL —Section 1801 of the Homeland Security Act of 2002 6 U S C 571 is amended— A in subsection b — i in the heading by striking ‘‘ASSISTANT DIRECTOR —’’ and inserting ‘‘EXECUTIVE ASSISTANT DIRECTOR —’’ H R 6395—1381 ii in the first sentence by striking ‘‘Assistant Director for Emergency Communications ’’ and inserting ‘‘Executive Assistant Director for Emergency Communications in this section referred to as the ‘Executive Assistant Director’ ’’ and iii in the second and third sentences by striking ‘‘Assistant Director’’ both places such term appears and inserting ‘‘Executive Assistant Director’’ and B in subsection c in the matter preceding paragraph 1 by striking ‘‘Assistant Director for Emergency Communications’’ and inserting ‘‘Executive Assistant Director’’ C in subsection d in the matter preceding paragraph 1 by striking ‘‘Assistant Director for Emergency Communications’’ and inserting ‘‘Executive Assistant Director’’ D in subsection e in the matter preceding paragraph 1 by striking ‘‘Assistant Director for Emergency Communications’’ and inserting ‘‘Executive Assistant Director’’ and E by adding at the end the following new subsection ‘‘ g REFERENCE —Any reference to the Assistant Director for Emergency Communications in any law regulation map document record or other paper of the United States shall be deemed to be a reference to the Executive Assistant Director for Emergency Communications ’’ 2 CONTINUATION IN OFFICE —The individual serving as the Assistant Director for Emergency Communications of the Department of Homeland Security on the day before the date of enactment of this Act may serve as the Executive Assistant Director for Emergency Communications on and after that date SEC 9002 SECTOR RISK MANAGEMENT AGENCIES a DEFINITIONS —In this section 1 APPROPRIATE CONGRESSIONAL COMMITTEES —The term ‘‘appropriate congressional committees’’ means— A the Committee on Homeland Security and the Committee on Armed Services in the House of Representatives and B the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services in the Senate 2 CRITICAL INFRASTRUCTURE —The term ‘‘critical infrastructure’’ has the meaning given that term in section 1016 e of Public Law 107–56 42 U S C 5195c e 3 DEPARTMENT —The term ‘‘Department’’ means the Department of Homeland Security 4 DIRECTOR —The term ‘‘Director’’ means the Director of the Cybersecurity and Infrastructure Security Agency of the Department 5 INFORMATION SHARING AND ANALYSIS ORGANIZATION — The term ‘‘information sharing and analysis organization’’ has the meaning given that term in section 2222 5 of the Homeland Security Act of 2002 6 U S C 671 5 6 SECRETARY —The term ‘‘Secretary’’ means the Secretary of Homeland Security 7 SECTOR RISK MANAGEMENT AGENCY —The term ‘‘sector risk management agency’’ has the meaning given the term H R 6395—1382 ‘‘Sector-Specific Agency’’ in section 2201 5 of the Homeland Security Act of 2002 6 U S C 651 5 b CRITICAL INFRASTRUCTURE SECTOR DESIGNATION — 1 INITIAL REVIEW —Not later than 180 days after the date of the enactment of this section the Secretary in consultation with the heads of Sector Risk Management Agencies shall— A review the current framework for securing critical infrastructure as described in section 2202 c 4 of the Homeland Security Act 6 U S C 652 c 4 and Presidential Policy Directive 21 and B submit to the President and appropriate congressional committees a report that includes— i information relating to— I the analysis framework or methodology used to— aa evaluate the current framework for securing critical infrastructure referred to in subparagraph A and bb develop recommendations to— AA revise the current list of critical infrastructure sectors designated pursuant to Presidential Policy Directive 21 any successor or related document or policy or BB identify and designate any subsectors of such sectors II the data metrics and other information used to develop the recommendations required under clause ii and ii recommendations relating to— I revising— aa the current framework for securing critical infrastructure referred to in subparagraph A bb the current list of critical infrastructure sectors designated pursuant to Presidential Policy Directive 21 any successor or related document or policy or cc the identification and designation of any subsectors of such sectors and II any revisions to the list of designated Federal departments or agencies that serve as the Sector Risk Management Agency for a sector or subsector of such section necessary to comply with paragraph 3 B 2 PERIODIC EVALUATION BY THE SECRETARY —At least once every five years the Secretary in consultation with the Director and the heads of Sector Risk Management Agencies shall— A evaluate the current list of designated critical infrastructure sectors and subsectors of such sectors and the appropriateness of Sector Risk Management Agency designations as set forth in Presidential Policy Directive 21 any successor or related document or policy and B recommend as appropriate to the President— H R 6395—1383 i revisions to the current list of designated critical infrastructure sectors or subsectors of such sectors and ii revisions to the designation of any Federal department or agency designated as the Sector Risk Management Agency for a sector or subsector of such sector 3 REVIEW AND REVISION BY THE PRESIDENT —Not later than 180 days after the Secretary submits a recommendation pursuant to paragraph 1 or 2 the President shall— A review the recommendation and revise as appropriate the designation of a critical infrastructure sector or subsector or the designation of a Sector Risk Management Agency and B submit to the appropriate congressional committees the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives a report that includes— i an explanation with respect to the basis for accepting or rejecting the recommendations of the Secretary and ii information relating to the analysis framework methodology metrics and data used to— I evaluate the current framework for securing critical infrastructure referred to in paragraph 1 A and II develop— aa recommendations to revise— AA the list of critical infrastructure sectors designated pursuant to Presidential Policy Directive 21 any successor or related document or policy or BB the designation of any subsectors of such sectors and bb the recommendations of the Secretary 4 PUBLICATION —Any designation of critical infrastructure sectors shall be published in the Federal Register c SECTOR RISK MANAGEMENT AGENCIES — 1 IN GENERAL —Subtitle A of title XXII of the Homeland Security Act of 2002 is amended by adding at the end the following new section ‘‘SEC 2215 SECTOR RISK MANAGEMENT AGENCIES ‘‘ a IN GENERAL —Consistent with applicable law Presidential directives Federal regulations and strategic guidance from the Secretary each Sector Risk Management Agency in coordination with the Director shall— ‘‘ 1 provide specialized sector-specific expertise to critical infrastructure owners and operators within its designated critical infrastructure sector or subsector of such sector and ‘‘ 2 support programs and associated activities of such sector or subsector of such sector ‘‘ b IMPLEMENTATION —In carrying out this section Sector Risk Management Agencies shall— ‘‘ 1 coordinate with the Department and as appropriate other relevant Federal departments and agencies H R 6395—1384 ‘‘ 2 collaborate with critical infrastructure owners and operators within the designated critical infrastructure sector or subsector of such sector and ‘‘ 3 coordinate with independent regulatory agencies and State local Tribal and territorial entities as appropriate ‘‘ c RESPONSIBILITIES —Consistent with applicable law Presidential directives Federal regulations and strategic guidance from the Secretary each Sector Risk Management Agency shall utilize its specialized expertise regarding its designated critical infrastructure sector or subsector of such sector and authorities under applicable law to— ‘‘ 1 support sector risk management in coordination with the Director including— ‘‘ A establishing and carrying out programs to assist critical infrastructure owners and operators within the designated sector or subsector of such sector in identifying understanding and mitigating threats vulnerabilities and risks to their systems or assets or within a region sector or subsector of such sector and ‘‘ B recommending security measures to mitigate the consequences of destruction compromise and disruption of systems and assets ‘‘ 2 assess sector risk in coordination with the Director including— ‘‘ A identifying assessing and prioritizing risks within the designated sector or subsector of such sector considering physical security and cybersecurity threats vulnerabilities and consequences and ‘‘ B supporting national risk assessment efforts led by the Department ‘‘ 3 sector coordination including— ‘‘ A serving as a day-to-day Federal interface for the prioritization and coordination of sector-specific activities and responsibilities under this title ‘‘ B serving as the Federal Government coordinating council chair for the designated sector or subsector of such sector and ‘‘ C participating in cross-sector coordinating councils as appropriate ‘‘ 4 facilitating in coordination with the Director the sharing with the Department and other appropriate Federal department of information regarding physical security and cybersecurity threats within the designated sector or subsector of such sector including— ‘‘ A facilitating in coordination with the Director access to and exchange of information and intelligence necessary to strengthen the security of critical infrastructure including through information sharing and analysis organizations and the national cybersecurity and communications integration center established pursuant to section 2209 ‘‘ B facilitating the identification of intelligence needs and priorities of critical infrastructure owners and operators in the designated sector or subsector of such sector in coordination with the Director of National Intelligence and the heads of other Federal departments and agencies as appropriate H R 6395—1385 ‘‘ C providing the Director and facilitating awareness within the designated sector or subsector of such sector of ongoing and where possible real-time awareness of identified threats vulnerabilities mitigations and other actions related to the security of such sector or subsector of such sector and ‘‘ D supporting the reporting requirements of the Department under applicable law by providing on an annual basis sector-specific critical infrastructure information ‘‘ 5 supporting incident management including— ‘‘ A supporting in coordination with the Director incident management and restoration efforts during or following a security incident and ‘‘ B supporting the Director upon request in national cybersecurity asset response activities for critical infrastructure and ‘‘ 6 contributing to emergency preparedness efforts including— ‘‘ A coordinating with critical infrastructure owners and operators within the designated sector or subsector of such sector and the Director in the development of planning documents for coordinated action in the event of a natural disaster act of terrorism or other man-made disaster or emergency ‘‘ B participating in and in coordination with the Director conducting or facilitating exercises and simulations of potential natural disasters acts of terrorism or other man-made disasters or emergencies within the designated sector or subsector of such sector and ‘‘ C supporting the Department and other Federal departments or agencies in developing planning documents or conducting exercises or simulations when relevant to the designated sector or subsector or such sector ’’ 2 TECHNICAL AND CONFORMING AMENDMENTS —The Homeland Security Act of 2002 is amended— A in section 320— i in subsection d 3 C by striking ‘‘Sector-Specific Agency’’ and inserting ‘‘Sector Risk Management Agency’’ and ii in subsection e 1 by striking ‘‘Sector-Specific Agency’’ and inserting ‘‘Sector Risk Management Agency’’ B in section 524— i in subsection b 2 E i II by striking ‘‘sectorspecific agency’’ and inserting ‘‘Sector Risk Management Agency’’ and ii in subsection c 1 B by striking ‘‘sector-specific agency’’ and inserting ‘‘Sector Risk Management Agency’’ C in section 2201 5 — i in the paragraph heading by striking ‘‘SECTORSPECIFIC AGENCY’’ and inserting ‘‘SECTOR RISK MANAGEMENT AGENCY’’ and ii by striking ‘‘Sector-Specific Agency’’ and inserting ‘‘Sector Risk Management Agency’’ H R 6395—1386 D in section 2202 i by striking ‘‘Sector-Specific Agency’’ and inserting ‘‘Sector Risk Management Agency’’ and E in section 2214 c 4 by striking ‘‘sector-specific agency’’ and inserting ‘‘Sector Risk Management Agency’’ 3 REFERENCES —Any reference to a Sector Specific Agency including any permutations or conjugations thereof in any law regulation map document record or other paper of the United States shall be deemed to— A be a reference to the Sector Risk Management Agency of the relevant critical infrastructure sector and B have the meaning give such term in section 2201 5 of the Homeland Security Act of 2002 4 CLERICAL AMENDMENT —The table of contents in section 1 b of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2214 the following new item ‘‘Sec 2215 Sector Risk Management Agencies ’’ d REPORT AND AUDITING —Not later than two years after the date of the enactment of this Act and every four years thereafter for 12 years the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the effectiveness of Sector Risk Management Agencies in carrying out their responsibilities under section 2215 of the Homeland Security Act of 2002 as added by this section SEC 9003 REVIEW AND ANALYSIS OF INLAND WATERS SEAPORT SECURITY a SEAPORT CARGO REVIEW — 1 ELEMENTS —The Secretary of Homeland Security shall conduct a review of all Great Lakes and selected inland waters seaports that receive international cargo— A to determine for each such seaport— i the current screening capability including the types and numbers of screening equipment and whether such equipment is physically located at a seaport or assigned and available in the area and made available to use ii the number of U S Customs and Border Protection personnel assigned from a Field Operations office broken out by role iii the expenditures for procurement and overtime incurred by U S Customs and Border Protection during the most recent fiscal year iv the types of cargo received such as containerized break-bulk and bulk v the legal entity that owns the seaport vi a description of the use of space at the seaport by U S Customs and Border Protection including— I whether U S Customs and Border Protection or the General Services Administration owns or leases any facilities at the seaport and II if U S Customs and Border Protection is provided space at the seaport a description of H R 6395—1387 such space including the number of workstations and vii the current cost-sharing arrangement for screening technology or reimbursable services B to identify for each Field Operations office— i any ports of entry that are staffed remotely from service ports ii the distance of each such service port from the corresponding ports of entry and iii the number of officers and the types of equipment U S Customs and Border Protection uses to screen cargo entering or exiting through such ports and C that includes a threat assessment of incoming containerized and noncontainerized cargo at Great Lakes seaports and selected inland waters seaports 2 SEAPORT SELECTION —In selecting seaports on inland waters to include in the review under paragraph 1 the Secretary of Homeland Security shall ensure that the inland waters seaports are— A equal in number to the Great Lakes seaports included in the review B comparable to Great Lakes seaports included in the review as measured by number of imported shipments arriving at the seaport each year and C covered by at least the same number of Field Operations offices as the Great Lakes seaports included in the review but are not covered by the same Field Operations offices as such Great Lakes seaports 3 REPORT REQUIRED — A IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary of Homeland Security shall submit to the appropriate congressional committees a report containing— i the results of the review conducted pursuant to paragraph 1 and ii an explanation of the methodology used for such review regarding the screening practices for foreign cargo arriving at seaports on the Great Lakes and inland waters B FORM —The report required under subparagraph A shall be submitted in unclassified form to the maximum extent possible but may include a classified annex if necessary b INLAND WATERS THREAT ANALYSIS — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary of Homeland Security shall submit to the appropriate congressional committees an inland waters threat analysis containing an identification and description of— A current and potential terrorism and criminal threats posed by individuals and groups seeking— i to enter the United States through inland waters or ii to exploit security vulnerabilities on inland waters H R 6395—1388 B security challenges at inland waters ports of the United States regarding— i terrorism and instruments of terror entering the United States or ii criminal activity as measured by the total flow of illegal goods and illicit drugs related to the inland waters C security mitigation efforts with respect to the inland waters— i to prevent terrorists and instruments of terror from entering the United States or ii to reduce criminal activity related to the inland waters D vulnerabilities related to cooperation between State local tribal and territorial law enforcement or international agreements that hinder effective security counterterrorism anti-trafficking efforts and the flow of legitimate trade with respect to inland waters and E metrics and performance measures used by the Secretary of Homeland Security to evaluate inland waters security as appropriate 2 ANALYSIS REQUIREMENTS —In preparing the threat analysis required under paragraph 1 the Secretary of Homeland Security shall consider and examine— A technology needs and challenges B personnel needs and challenges C the roles of State local tribal and territorial law enforcement private sector partners and the public relating to inland waters security D the need for cooperation among Federal State local tribal territorial and international partner law enforcement private sector partners and the public relating to inland waters security and E the challenges posed by geography with respect to inland waters security 3 FORM —The Secretary of Homeland Security shall submit the threat analysis required under paragraph 1 in unclassified form to the maximum extent possible but may include a classified annex if necessary c APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this section the term ‘‘appropriate congressional committees’’ means— 1 the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and 2 the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce Science and Transportation of the Senate SEC 9004 DEPARTMENT OF HOMELAND SECURITY REPORTS ON DIGITAL CONTENT FORGERY TECHNOLOGY a REPORTS REQUIRED —Not later than one year after the date of enactment of this Act and annually thereafter for 5 years the Secretary of Homeland Security acting through the Under H R 6395—1389 Secretary for Science and Technology of the Department of Homeland Security and with respect to paragraphs 6 and 7 of subsection b in consultation with the Director of National Intelligence shall submit to Congress a report on the state of digital content forgery technology b CONTENTS —Each report produced under subsection a shall include the following 1 An assessment of the underlying technologies used to create or propagate digital content forgeries including the evolution of such technologies and patterns of dissemination of such technologies 2 A description of the types of digital content forgeries including those used to commit fraud cause harm harass coerce or silence vulnerable groups or individuals or violate civil rights recognized under Federal law 3 An assessment of how foreign governments and the proxies and networks thereof use or could use digital content forgeries to harm national security 4 An assessment of how non-governmental entities in the United States use or could use digital content forgeries 5 An assessment of the uses applications dangers and benefits including the impact on individuals of deep learning or digital content forgery technologies used to generate realistic depictions of events that did not occur 6 An analysis of the methods used to determine whether content is created by digital content forgery technology and an assessment of any effective heuristics used to make such a determination as well as recommendations on how to identify and address suspect content and elements to provide warnings to users of such content 7 A description of the technological countermeasures that are or could be used to address concerns with digital content forgery technology 8 Any additional information the Secretary determines appropriate c CONSULTATION AND PUBLIC HEARINGS —In producing each report required under subsection a the Secretary may— 1 consult with any other agency of the Federal Government that the Secretary considers necessary and 2 conduct public hearings to gather or otherwise allow interested parties an opportunity to present information and advice relevant to the production of the report d FORM OF REPORT —Each report required under subsection a shall be produced in unclassified form but may contain a classified annex e APPLICABILITY OF OTHER LAWS — 1 FOIA —Nothing in this section or in a report produced under this section may be construed to allow the disclosure of information or a record that is exempt from public disclosure under section 552 of title 5 United States Code commonly known as the ‘‘Freedom of Information Act’’ 2 PAPERWORK REDUCTION ACT —Subchapter I of chapter 35 of title 44 United States Code commonly known as the ‘‘Paperwork Reduction Act’’ shall not apply to this section f DIGITAL CONTENT FORGERY DEFINED —In this section the term ‘‘digital content forgery technology’’ means the use of emerging technologies including artificial intelligence and machine learning H R 6395—1390 techniques to fabricate or manipulate audio visual or text content with the intent to mislead SEC 9005 GAO STUDY OF CYBERSECURITY INSURANCE a STUDY —The Comptroller General of the United States shall conduct a study to assess and analyze the state and availability of insurance coverage in the United States for cybersecurity risks including by— 1 identifying the number and dollar volume of cyber insurance policies currently in force and the percentage of businesses and specifically small businesses that have cyber insurance coverage 2 assessing the extent to which States have established minimum standards for the scope of cyber insurance policies and 3 identifying any barriers to modeling and underwriting cybersecurity risks b REPORT —Not later than 180 days after the date of the enactment of this Act the Comptroller General shall submit to Congress a report setting forth the findings and conclusions of the study conducted under subsection a including— 1 recommendations on whether intervention by the Federal Government would help facilitate the growth and development of insurers offering coverage for cybersecurity risks and 2 a discussion of the availability and affordability of such coverage and policyholder education regarding such coverage SEC 9006 STRATEGY TO SECURE EMAIL a IN GENERAL —Not later than December 31 2021 the Secretary of Homeland Security shall develop and submit to Congress a strategy including recommendations to implement across all United States-based email providers Domain-based Message Authentication Reporting and Conformance standard at scale b ELEMENTS —The strategy required under subsection a shall include the following 1 A recommendation for the minimum-size threshold for United States-based email providers for applicability of Domain-based Message Authentication Reporting and Conformance 2 A description of the security and privacy benefits of implementing the Domain-based Message Authentication Reporting and Conformance standard at scale including recommendations for national security exemptions as appropriate as well as the burdens of such implementation and an identification of the entities on which such burdens would most likely fall 3 An identification of key United States and international stakeholders associated with such implementation 4 An identification of any barriers to such implementation including a cost-benefit analysis where feasible 5 An initial estimate of the total cost to the Federal Government and implementing entities in the private sector of such implementation including recommendations for defraying such costs if applicable c CONSULTATION —In developing the strategy and recommendations under subsection a the Secretary of Homeland Security may as appropriate consult with representatives from the information technology sector H R 6395—1391 d DEFINITION —In this section the term ‘‘Domain-based Message Authentication Reporting and Conformance’’ means an email authentication policy and reporting protocol that verifies the authenticity of the sender of an email and blocks and reports to the sender fraudulent accounts SEC 9007 DEPARTMENT OF HOMELAND SECURITY LARGE-SCALE NONINTRUSIVE INSPECTION SCANNING PLAN a IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a plan for increasing to 100 percent the rate of high-throughput scanning of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border using large-scale non-intrusive inspection systems or similar technology to enhance border security b BASELINE INFORMATION —The plan under subsection a shall include at a minimum the following information regarding large-scale non-intrusive inspection systems or similar technology operated by U S Customs and Border Protection at land ports of entry and rail-border crossings as of the date of the enactment of this Act 1 An inventory of large-scale non-intrusive inspection systems or similar technology in use at each land port of entry 2 For each system or technology identified in the inventory under paragraph 1 — A the scanning method of such system or technology B the location of such system or technology at each land port of entry that specifies whether in use in preprimary primary or secondary inspection area or some combination of such areas C the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology D seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic and E the number of personnel required to operate each system or technology 3 Information regarding the continued use of other technology and tactics used for scanning such as canines and human intelligence in conjunction with large scale nonintrusive inspection systems c ELEMENTS —The plan under subsection a shall include the following elements 1 Benchmarks for achieving incremental progress towards 100 percent high-throughput scanning within the next 6 years of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and railborder crossings along the border with corresponding projected incremental improvements in scanning rates by fiscal year and rationales for the specified timeframes for each land port of entry 2 Estimated costs together with an acquisition plan for achieving the 100 percent high-throughput scanning rate within the timeframes specified in paragraph 1 including acquisition H R 6395—1392 operations and maintenance costs for large-scale nonintrusive inspection systems or similar technology and associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry Such acquisition plan shall promote to the extent practicable opportunities for entities that qualify as small business concerns as defined under section 3 a of the Small Business Act 15 U S C 632 a 3 Any projected impacts as identified by the Commissioner of U S Customs and Border Protection on the total number of commercial and passenger vehicles and freight rail traffic entering at land ports of entry and rail-border crossings where such systems are in use and average wait times at peak and non-peak travel times by lane type if applicable as scanning rates are increased 4 Any projected impacts as identified by the Commissioner of U S Customs and Border Protection on land ports of entry and rail-border crossings border security operations as a result of implementation actions including any changes to the number of U S Customs and Border Protection officers or their duties and assignments d ANNUAL REPORT —Not later than one year after the submission of the plan under subsection a and biennially thereafter for the following six years the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that describes the progress implementing the plan and includes— 1 an inventory of large-scale nonintrusive inspection systems or similar technology operated by U S Customs and Border Protection at each land port of entry 2 for each system or technology identified in the inventory required under paragraph 1 — A the scanning method of such system or technology B the location of such system or technology at each land port of entry that specifies whether in use in preprimary primary or secondary inspection area or some combination of such areas C the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology and D seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic 3 the total number of commercial and passenger vehicles and freight rail traffic entering at each land port of entry at which each system or technology is in use and information on average wait times at peak and non-peak travel times by lane type if applicable 4 a description of the progress towards reaching the benchmarks referred to in subsection c 1 and an explanation if any of such benchmarks are not achieved as planned 5 a comparison of actual costs including information on any awards of associated contracts to estimated costs set forth in subsection c 2 6 any realized impacts as identified by the Commissioner of U S Customs and Border Protection on land ports of entry and rail-border crossings operations as a result of implementation actions including any changes to the number of U S H R 6395—1393 Customs and Border Protection officers or their duties and assignments 7 any proposed changes to the plan and an explanation for such changes including changes made in response to any Department of Homeland Security research and development findings or changes in terrorist or transnational criminal organizations tactics techniques or procedures and 8 any challenges to implementing the plan or meeting the benchmarks and plans to mitigate any such challenges e DEFINITIONS —In this section 1 The term ‘‘large-scale non-intrusive inspection system’’ means a technology including x-ray gamma-ray and passive imaging systems capable of producing an image of the contents of a commercial or passenger vehicle or freight rail car in 1 pass of such vehicle or car 2 The term ‘‘scanning’’ means utilizing nonintrusive imaging equipment radiation detection equipment or both to capture data including images of a commercial or passenger vehicle or freight rail car 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 SEC 9101 MODIFICATION OF LICENSURE REQUIREMENTS FOR DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE PROFESSIONALS PROVIDING TREATMENT VIA TELEMEDICINE Section 1730C b of title 38 United States Code is amended to read as follows ‘‘ b COVERED HEALTH CARE PROFESSIONALS —For purposes of this section a covered health care professional is any of the following individuals ‘‘ 1 A health care professional who— ‘‘ A is an employee of the Department appointed under section 7306 7401 7405 7406 or 7408 of this title or under title 5 ‘‘ B is authorized by the Secretary to provide health care under this chapter ‘‘ C is required to adhere to all standards for quality relating to the provision of health care in accordance with applicable policies of the Department and ‘‘ D i has an active current full and unrestricted license registration or certification in a State to practice H R 6395—1394 the health care profession of the health care professional or ‘‘ ii with respect to a health care profession listed under section 7402 b of this title has the qualifications for such profession as set forth by the Secretary ‘‘ 2 A postgraduate health care employee who— ‘‘ A is appointed under section 7401 1 7401 3 or 7405 of this title or title 5 for any category of personnel described in paragraph 1 or 3 of section 7401 of this title ‘‘ B must obtain an active current full and unrestricted license registration or certification or meet qualification standards set forth by the Secretary within a specified time frame and ‘‘ C is under the clinical supervision of a health care professional described in paragraph 1 or ‘‘ 3 A health professions trainee who— ‘‘ A is appointed under section 7405 or 7406 of this title and ‘‘ B is under the clinical supervision of a health care professional described in paragraph 1 ’’ SEC 9102 ADDITIONAL CARE FOR NEWBORN CHILDREN OF VETERANS Section 1786 of title 38 United States Code is amended— 1 in subsection a by striking ‘‘The Secretary’’ and inserting ‘‘Except as provided in subsection c the Secretary’’ and 2 by adding at the end the following new subsection ‘‘ c EXCEPTION BASED ON MEDICAL NECESSITY —Pursuant to such regulations as the Secretary shall prescribe to carry out this section the Secretary may furnish more than seven days of health care services described in subsection b and may furnish transportation necessary to receive such services to a newborn child based on medical necessity if the child is in need of additional care including if the child has been discharged or released from a hospital and requires readmittance to ensure the health and welfare of the child ’’ SEC 9103 EXPANSION OF ELIGIBILITY FOR HUD–VASH a HUD PROVISIONS —Section 8 o 19 of the United States Housing Act of 1937 42 U S C 1437f o 19 is amended by adding at the end the following new subparagraph ‘‘ D VETERAN DEFINED —In this paragraph the term ‘veteran’ has the meaning given that term in section 2002 b of title 38 United States Code ’’ b VHA CASE MANAGERS —Subsection b of section 2003 of title 38 United States Code is amended by adding at the end the following ‘‘In the case of vouchers provided under the HUD– VASH program under section 8 o 19 of such Act for purposes of the preceding sentence the term ‘veteran’ shall have the meaning given such term in section 2002 b of this title ’’ c ANNUAL REPORTS — 1 IN GENERAL —Not less frequently than once each year the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the homelessness services provided under programs of the Department of Veterans Affairs including services under HUD– H R 6395—1395 VASH program under section 8 o 19 of the United States Housing Act of 1937 42 U S C 1437f o 19 2 INCLUDED INFORMATION —Each such annual report shall include with respect to the year preceding the submittal of the report a statement of the number of eligible individuals who were furnished such homelessness services and the number of individuals furnished such services under each such program disaggregated by the number of men who received such services and the number of women who received such services and such other information as the Secretary considers appropriate SEC 9104 STUDY ON UNEMPLOYMENT RATE OF WOMEN VETERANS WHO SERVED ON ACTIVE DUTY IN THE ARMED FORCES AFTER SEPTEMBER 11 2001 a STUDY — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary of Veterans Affairs in consultation with the Bureau of Labor Statistics of the Department of Labor shall conduct a study on why post-9 11 veterans who are women are at higher risk of unemployment than all other groups of women veterans and their non-veteran counterparts 2 CONDUCT OF STUDY — A IN GENERAL —The Secretary shall conduct the study under paragraph 1 through the Center for Women Veterans under section 318 of title 38 United States Code B CONSULTATION —In carrying out the study conducted under paragraph 1 the Secretary may consult with— i the Department of Labor ii other Federal agencies including the Department of Defense the Office of Personnel Management and the Small Business Administration iii foundations and iv other entities in the private sector 3 ELEMENTS OF STUDY —The study conducted under paragraph 1 shall include with respect to post-9 11 veterans who are women an analysis of each of the following A Rank at the time of separation from the Armed Forces B Geographic location of residence upon such separation C Highest level of education achieved as of the time of such separation D The percentage of such veterans who enrolled in a program of education or an employment training program of the Department of Veterans Affairs or the Department of Labor after such separation E Industries that have employed such veterans F Military occupational specialties of such veterans while serving as members of the Armed Forces G Barriers to employment of such veterans H Causes of the fluctuations in employment of such veterans I Employment training programs of the Department of Veterans Affairs or the Department of Labor that are H R 6395—1396 available to such veterans as of the date of the enactment of this Act J Economic indicators that affect the unemployment of such veterans K Health conditions of such veterans that could affect employment L Whether there are differences in the analyses conducted under subparagraphs A through K depending on the race of such veterans M The difference between unemployment rates of post-9 11 veterans who are women compared to unemployment rates of post-9 11 veterans who are men including an analysis of potential causes of such difference N Such other matters as the Secretary determines appropriate b REPORT — 1 IN GENERAL —Not later than 90 days after completing the study under subsection a the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on such study 2 ELEMENTS —The report required by paragraph 1 shall include the following A The analysis conducted under subsection a 3 B A description of the methods used to conduct the study under subsection a C Such other matters relating to the unemployment rates of post-9 11 veterans who are women as the Secretary considers appropriate c POST-9 11 VETERAN DEFINED —In this section the term ‘‘post-9 11 veteran’’ means a veteran who served on active duty in the Armed Forces on or after September 11 2001 SEC 9105 ACCESS OF VETERANS TO INDIVIDUAL LONGITUDINAL EXPOSURE RECORD The Secretary of Veterans Affairs shall provide to a veteran read-only access to the documents of the veteran contained in the Individual Longitudinal Exposure Record in a printable format through a portal accessible through an internet website of the Department of Veterans Affairs SEC 9106 DEPARTMENT OF VETERANS UNDISBURSED FUNDS AFFAIRS REPORT ON a REPORT REQUIRED —Not later than 120 days after the date of the enactment of this Act the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the undisbursed funds of the Department of Veterans Affairs b ELEMENTS —The report required under subsection a shall include each of the following 1 The total quantities and value for each of the preceding ten fiscal years of— A the undisbursed funds in the possession of the Department and B the undisbursed funds of the Department that were transferred to the Department of Treasury H R 6395—1397 2 The policies and procedures of the Department for managing undisbursed funds and for communicating with veterans other beneficiaries and heirs regarding undisbursed funds 3 The challenges regarding the policies and procedures identified under paragraph 2 any legal barriers to improving such policies and procedures and the plans of the Secretary for improvement c REVIEW OF REPORT —The Comptroller General of the United States shall conduct a review of the report submitted under subsection a d UNDISBURSED FUNDS DEFINED —The term ‘‘undisbursed funds’’— 1 means any amount of money that is owed to a beneficiary and that has not been disbursed— A in the case of an amount that is owed by reason of an insurance benefit under chapter 19 of title 38 United States Code for a period of one year or longer or B in the case of an amount that is owed by reason of any other benefit under the laws administered by the Secretary of Veterans Affairs for a period of 30 days or longer and 2 does not include any amount of money that— A has not been disbursed due to a contested claim for benefits under the laws administered by the Secretary or B is in dispute by two or more parties over who is the entitled beneficiary SEC 9107 TRANSFER OF MARE ISLAND NAVAL CEMETERY TO SECRETARY OF VETERANS AFFAIRS FOR MAINTENANCE BY NATIONAL CEMETERY ADMINISTRATION a AGREEMENT —Beginning on the date that is 180 days after the date on which the Secretary submits the report required by subsection c 1 the Secretary of Veterans Affairs shall seek to enter into an agreement with the city of Vallejo California under which the city of Vallejo shall transfer to the Secretary all right title and interest in the Mare Island Naval Cemetery in Vallejo California at no cost to the Secretary The Secretary shall seek to enter into such agreement before the date that is one year after the date on which such report is submitted b MAINTENANCE BY NATIONAL CEMETERY ADMINISTRATION — If the Mare Island Naval Cemetery is transferred to the Secretary of Veterans Affairs pursuant to subsection a the National Cemetery Administration shall maintain the cemetery in the same manner as other cemeteries under the jurisdiction of the National Cemetery Administration c REPORT — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the feasibility and advisability of exercising the authority to enter into an agreement under subsection a 2 CONTENTS —The report submitted under paragraph 1 shall include the following A An assessment of the feasibility and advisability of entering into such an agreement H R 6395—1398 B An estimate of the costs including both direct and indirect costs that the Department of Veterans Affairs would incur by entering into such an agreement d SENSE OF CONGRESS —It is the sense of Congress that— 1 it is only potentially advisable and feasible to transfer the Mare Island Naval Cemetery from the city of Vallejo California to the Department of Veterans Affairs because the cemetery was previously under the control of the Department of Defense and 2 the City of Vallejo should provide in-kind non-monetary contributions for the improvement and maintenance of Mare Island Naval Cemetery including labor and equipment to the extent practicable to the Department of Veterans Affairs following any transfer of the cemetery to the Department SEC 9108 COMPTROLLER GENERAL REPORT ON DEPARTMENT OF VETERANS AFFAIRS HANDLING OF DISABILITY COMPENSATION CLAIMS BY CERTAIN VETERANS Not later than one year after the date of the enactment of this Act the Comptroller General of the United States shall submit to Congress a report containing an evaluation of how the Department of Veterans Affairs has handled claims for disability compensation under the laws administered by the Secretary of Veterans Affairs submitted by veterans who— 1 have type 1 diabetes and 2 have been exposed to an herbicide agent as defined in section 1116 a 3 of title 38 United States Code 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 Section 1116 a 2 of title 38 United States Code is amended by adding at the end the following new subparagraphs ‘‘ I Parkinsonism ‘‘ J Bladder cancer ‘‘ K Hypothyroidism ’’ TITLE XCII—COMMUNICATIONS MATTERS Sec Sec Sec Sec 9201 9202 9203 9204 Reliable emergency alert distribution improvement Wireless supply chain innovation and multilateral security Spectrum information technology modernization efforts Internet of Things SEC 9201 RELIABLE EMERGENCY ALERT DISTRIBUTION IMPROVEMENT a WIRELESS EMERGENCY ALERTS SYSTEM OFFERINGS — 1 AMENDMENT —Section 602 b 2 E of the Warning Alert and Response Network Act 47 U S C 1201 b 2 E is amended— A by striking the second and third sentences and B by striking ‘‘other than an alert issued by the President ’’ and inserting the following ‘‘other than an alert issued by— ‘‘ i the President or H R 6395—1399 ‘‘ ii the Administrator of the Federal Emergency Management Agency ’’ 2 REGULATIONS —Not later than 180 days after the date of enactment of this Act the Commission in consultation with the Administrator shall adopt regulations to implement the amendment made by paragraph 1 B b STATE EMERGENCY ALERT SYSTEM PLANS AND EMERGENCY COMMUNICATIONS COMMITTEES — 1 STATE EMERGENCY COMMUNICATIONS COMMITTEE —Not later than 180 days after the date of enactment of this Act the Commission shall adopt regulations that— A encourage the chief executive of each State— i to establish an SECC if the State does not have an SECC or ii if the State has an SECC to review the composition and governance of the SECC B provide that— i each SECC not less frequently than annually shall— I meet to review and update its State EAS Plan II certify to the Commission that the SECC has met as required under subclause I and III submit to the Commission an updated State EAS Plan and ii not later than 60 days after the date on which the Commission receives an updated State EAS Plan under clause i III the Commission shall— I approve or disapprove the updated State EAS Plan and II notify the chief executive of the State of the Commission’s approval or disapproval of such plan and reason therefor and C establish a State EAS Plan content checklist for SECCs to use when reviewing and updating a State EAS Plan for submission to the Commission under subparagraph B i 2 CONSULTATION —The Commission shall consult with the Administrator regarding the adoption of regulations under paragraph 1 C 3 DEFINITIONS —In this subsection— A the term ‘‘SECC’’ means a State Emergency Communications Committee B the term ‘‘State’’ means any State of the United States the District of Columbia the Commonwealth of Puerto Rico the United States Virgin Islands Guam American Samoa the Commonwealth of the Northern Mariana Islands and any possession of the United States and C the term ‘‘State EAS Plan’’ means a State Emergency Alert System Plan c FALSE ALERT REPORTING —Not later than 180 days after the date of enactment of this Act the Commission in consultation with the Administrator shall complete a rulemaking proceeding to establish a system to receive from the Administrator or State Tribal or local governments reports of false alerts under the Emergency Alert System or the Wireless Emergency Alerts System for H R 6395—1400 the purpose of recording such false alerts and examining the causes of such false alerts d REPEATING EMERGENCY ALERT SYSTEM MESSAGES FOR NATIONAL SECURITY — 1 IN GENERAL —Not later than 180 days after the date of enactment of this Act the Commission in consultation with the Administrator shall complete a rulemaking proceeding to modify the Emergency Alert System to provide for repeating Emergency Alert System messages while an alert remains pending that is issued by— A the President B the Administrator or C any other entity determined appropriate under the circumstances by the Commission in consultation with the Administrator 2 SCOPE OF RULEMAKING —Paragraph 1 shall— A apply to warnings of national security events meaning emergencies of national significance such as a missile threat terror attack or other act of war or threat to public safety and B not apply to more typical warnings such as a weather alert AMBER Alert or disaster alert 3 RULE OF CONSTRUCTION —Nothing in this subsection shall be construed to impair limit or otherwise change— A the authority of the President granted by law to alert and warn the public or B the role of the President as commander-in-chief with respect to the identification dissemination notification or alerting of information of missile threats against the United States or threats to public safety e INTERNET AND ONLINE STREAMING SERVICES EMERGENCY ALERT EXAMINATION — 1 STUDY —Not later than 180 days after the date of enactment of this Act and after providing public notice and opportunity for comment the Commission shall complete an inquiry to examine the feasibility of updating the Emergency Alert System to enable or improve alerts to consumers provided through the internet including through streaming services 2 REPORT —Not later than 90 days after completing the inquiry under paragraph 1 the Commission shall submit a report on the findings and conclusions of the inquiry to— A the Committee on Commerce Science and Transportation of the Senate and B the Committee on Energy and Commerce of the House of Representatives f DEFINITIONS —In this section— 1 the term ‘‘Administrator’’ means the Administrator of the Federal Emergency Management Agency 2 the term ‘‘Commission’’ means the Federal Communications Commission 3 the term ‘‘Emergency Alert System’’ means the national public warning system the rules for which are set forth in part 11 of title 47 Code of Federal Regulations or any successor regulation and 4 the term ‘‘Wireless Emergency Alerts System’’ means the wireless national public warning system established under the Warning Alert and Response Network Act 47 U S C H R 6395—1401 1201 et seq the rules for which are set forth in part 10 of title 47 Code of Federal Regulations or any successor regulation SEC 9202 WIRELESS SUPPLY CHAIN INNOVATION AND MULTILATERAL SECURITY a COMMUNICATIONS TECHNOLOGY SECURITY FUNDS — 1 PUBLIC WIRELESS SUPPLY CHAIN INNOVATION FUND — A ESTABLISHMENT — i IN GENERAL —There is established in the Treasury of the United States a trust fund to be known as the ‘‘Public Wireless Supply Chain Innovation Fund’’ referred to in this paragraph as the ‘‘Innovation Fund’’ ii AVAILABILITY — I IN GENERAL —Amounts appropriated to the Innovation Fund shall remain available through the end of the tenth fiscal year beginning after the date on which funds are appropriated to the Fund II REMAINDER TO TREASURY —Any amounts remaining in the Innovation Fund after the end of the tenth fiscal year beginning after the date of appropriation shall be deposited in the general fund of the Treasury B USE OF FUND — i IN GENERAL —Amounts appropriated to the Innovation Fund shall be available to the Secretary acting through the NTIA Administrator to make grants on a competitive basis under this paragraph in such amounts as the Secretary acting through the NTIA Administrator determines appropriate subject to clause ii ii LIMITATION ON GRANT AMOUNTS —The amount of a grant awarded under this paragraph to a recipient for a specific research focus area may not exceed $50 000 000 C ADMINISTRATION OF FUND —The Secretary acting through the NTIA Administrator in consultation with the Commission the Under Secretary of Commerce for Standards and Technology the Secretary of Homeland Security the Secretary of Defense and the Director of the Intelligence Advanced Research Projects Activity of the Office of the Director of National Intelligence shall establish criteria for grants awarded under this paragraph by the NTIA Administrator and administer the Innovation Fund to support the following i Promoting and deploying technology including software hardware and microprocessing technology that will enhance competitiveness in the fifth-generation commonly known as ‘‘5G’’ and successor wireless technology supply chains that use open and interoperable interface radio access networks ii Accelerating commercial deployments of open interface standards-based compatible interoperable equipment such as equipment developed pursuant to the standards set forth by organizations such as the H R 6395—1402 O-RAN Alliance the Telecom Infra Project 3GPP the Open-RAN Software Community or any successor organizations iii Promoting and deploying compatibility of new 5G equipment with future open standards-based interoperable equipment iv Managing integration of multi-vendor network environments v Identifying objective criteria to define equipment as compliant with open standards for multivendor network equipment interoperability vi Promoting and deploying security features enhancing the integrity and availability of equipment in multi-vendor networks vii Promoting and deploying network function virtualization to facilitate multi-vendor interoperability and a more diverse vendor market D NONDUPLICATION —To the greatest extent practicable the Secretary acting through the NTIA Administrator shall ensure that any research funded by a grant awarded under this paragraph avoids duplication of other Federal or private sector research E TIMING —Not later than one year after the date on which funds are appropriated to the Innovation Fund the Secretary acting through the NTIA Administrator shall begin awarding grants under this paragraph F FEDERAL ADVISORY BODY — i ESTABLISHMENT —The Secretary acting through the NTIA Administrator and in consultation with the Under Secretary of Commerce for Standards and Technology shall establish a Federal advisory committee in accordance with the Federal Advisory Committee Act 5 U S C App composed of government and private sector experts to advise the Secretary and the NTIA Administrator on the administration of the Innovation Fund ii COMPOSITION —The advisory committee established under clause i shall be composed of— I representatives from— aa the Commission bb the Department of Defense cc the Intelligence Advanced Research Projects Activity of the Office of the Director of National Intelligence dd the National Institute of Standards and Technology ee the Department of State ff the National Science Foundation gg the Department of Homeland Security and hh the National Telecommunications and Information Administration and II other representatives from the private and public sectors at the discretion of the NTIA Administrator iii DUTIES —The advisory committee established under clause i shall advise the Secretary and the H R 6395—1403 NTIA Administrator on technology developments to help inform— I the strategic direction of the Innovation Fund and II efforts of the Federal Government to promote a more secure diverse sustainable and competitive supply chain G REPORTS TO CONGRESS — i INITIAL REPORT —Not later than 180 days after the date of the enactment of this Act the Secretary acting through the NTIA Administrator shall submit to the relevant committees of Congress a report with— I additional recommendations on promoting the competitiveness and sustainability of trusted suppliers in the wireless supply chain and II any additional authorities needed to facilitate the timely adoption of open standards-based equipment including authority to provide loans loan guarantees and other forms of credit extension that would maximize the use of funds ii ANNUAL REPORT —For each fiscal year for which amounts in the Innovation Fund are available under this paragraph the Secretary acting through the NTIA Administrator shall submit to Congress a report that— I describes how and to whom amounts in the Innovation Fund have been deployed II details the progress of the Secretary and the NTIA Administrator in meeting the objectives described in subparagraph C and III includes any additional information that the Secretary and the NTIA Administrator determine appropriate 2 MULTILATERAL TELECOMMUNICATIONS SECURITY FUND — A ESTABLISHMENT OF FUND — i IN GENERAL —There is established in the Treasury of the United States a trust fund to be known as the ‘‘Multilateral Telecommunications Security Fund’’ ii USE OF FUND —Amounts appropriated to the Multilateral Telecommunications Security Fund shall be available to the Secretary of State to make expenditures under this paragraph in such amounts as the Secretary of State determines appropriate iii AVAILABILITY — I IN GENERAL —Amounts appropriated to the Multilateral Telecommunications Security Fund— aa shall remain available through the end of the tenth fiscal year beginning after the date of appropriation and bb may only be allocated upon the Secretary of State reaching an arrangement or agreement with foreign government partners to participate in the common funding mechanism described in subparagraph B II REMAINDER TO TREASURY —Any amounts remaining in the Multilateral Telecommunications H R 6395—1404 Security Fund after the end of the tenth fiscal year beginning after the date of the enactment of this Act shall be deposited in the general fund of the Treasury B ADMINISTRATION OF FUND —The Secretary of State in consultation with the NTIA Administrator the Secretary of Homeland Security the Secretary of Defense the Secretary of the Treasury the Director of National Intelligence and the Commission is authorized to establish a common funding mechanism in coordination with foreign partners that uses amounts from the Multilateral Telecommunications Security Fund to support the development and adoption of secure and trusted telecommunications technologies In creating and sustaining a common funding mechanism the Secretary of State should leverage United States funding in order to secure commitments and contributions from trusted foreign partners such as the United Kingdom Canada Australia New Zealand and Japan and should prioritize the following objectives i Advancing research and development of secure and trusted communications technologies ii Strengthening supply chains iii Promoting the use of trusted vendors C ANNUAL REPORT TO CONGRESS —Not later than 1 year after the date of the enactment of this Act and annually thereafter for each fiscal year during which amounts in the Multilateral Telecommunications Security Fund are available the Secretary of State shall submit to the relevant committees of Congress a report on the status and progress of the funding mechanism established under subparagraph B including— i any funding commitments from foreign partners including each specific amount committed ii governing criteria for use of the Multilateral Telecommunications Security Fund iii an account of— I how and to whom funds have been deployed II amounts remaining in the Multilateral Telecommunications Security Fund and III the progress of the Secretary of State in meeting the objective described in subparagraph B and iv additional authorities needed to enhance the effectiveness of the Multilateral Telecommunications Security Fund in achieving the security goals of the United States D NOTIFICATIONS TO BE PROVIDED BY THE FUND — i IN GENERAL —Not later than 15 days prior to the Fund making a financial commitment associated with the provision of expenditures under subparagraph A ii in an amount in excess of $1 000 000 the Secretary of State shall submit to the appropriate congressional committees a report in writing that contains the information required by clause ii ii INFORMATION REQUIRED —The information required by this clause includes— H R 6395—1405 I the amount of each such expenditure II an identification of the recipient or beneficiary and III a description of the project or activity and the purpose to be achieved of an expenditure by the Fund iii ARRANGEMENTS OR AGREEMENTS —The Secretary of State shall notify the appropriate congressional committees not later than 30 days after entering into a new bilateral or multilateral arrangement or agreement described in subparagraph A iii I bb iv APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED —In this subparagraph the term ‘‘appropriate congressional committees’’ means— I the Committee on Foreign Relations of the Senate II the Committee on Appropriations of the Senate III the Committee on Foreign Affairs of the House of Representatives and IV the Committee on Appropriations of the House of Representatives b PROMOTING UNITED STATES LEADERSHIP IN INTERNATIONAL ORGANIZATIONS AND COMMUNICATIONS STANDARDS-SETTING BODIES — 1 IN GENERAL —The Secretary of State the Secretary of Commerce and the Chairman of the Commission or their designees shall consider how to enhance representation of the United States at international forums that set standards for 5G networks and for future generations of wireless communications networks including— A the International Telecommunication Union commonly known as ‘‘ITU’’ B the International Organization for Standardization commonly known as ‘‘ISO’’ C the Inter-American Telecommunication Commission commonly known as ‘‘CITEL’’ and D the voluntary standards organizations that develop protocols for wireless devices and other equipment such as the 3GPP and the Institute of Electrical and Electronics Engineers commonly known as ‘‘IEEE’’ 2 ANNUAL REPORT —The Secretary of State the Secretary of Commerce and the Chairman of the Commission shall jointly submit to the relevant committees of Congress an annual report on the progress made under paragraph 1 c DEFINITIONS — In this section 1 The term ‘‘3GPP’’ means the Third Generation Partnership Project 2 The term ‘‘5G network’’ means a radio network as described by 3GPP Release 15 or higher 3 The term ‘‘Commission’’ means the Federal Communications Commission 4 The term ‘‘NTIA Administrator’’ means the Assistant Secretary of Commerce for Communications and Information 5 The term ‘‘Open-RAN’’ means the Open Radio Access Network approach to standardization adopted by the O-RAN Alliance Telecom Infra Project or 3GPP or any similar set H R 6395—1406 of open standards for multi-vendor network equipment interoperability 6 The term ‘‘relevant committees of Congress’’ means— A the Select Committee on Intelligence of the Senate B the Committee on Foreign Relations of the Senate C the Committee on Homeland Security and Governmental Affairs of the Senate D the Committee on Armed Services of the Senate E the Committee on Commerce Science and Transportation of the Senate F the Committee on Appropriations of the Senate G the Permanent Select Committee on Intelligence of the House of Representatives H the Committee on Foreign Affairs of the House of Representatives I the Committee on Homeland Security of the House of Representatives J the Committee on Armed Services of the House of Representatives K the Committee on Energy and Commerce of the House of Representatives and L the Committee on Appropriations of the House of Representatives 7 The term ‘‘Secretary’’ means the Secretary of Commerce SEC 9203 SPECTRUM INFORMATION TECHNOLOGY MODERNIZATION EFFORTS a INITIAL INTERAGENCY SPECTRUM INFORMATION TECHNOLOGY COORDINATION —Not later than 90 days after the date of the enactment of this Act the Assistant Secretary of Commerce for Communications and Information in consultation with the Policy and Plans Steering Group shall identify a process to establish goals including parameters to measure the achievement of such goals for the modernization of the infrastructure of covered agencies relating to managing the use of Federal spectrum by such agencies which shall include— 1 the standardization of data inputs modeling algorithms modeling and simulation processes analysis tools with respect to Federal spectrum assumptions and any other tool to ensure interoperability and functionality with respect to such infrastructure 2 other potential innovative technological capabilities with respect to such infrastructure including cloud-based databases artificial intelligence technologies automation and improved modeling and simulation capabilities 3 ways to improve the management of the use of Federal spectrum by covered agencies through such infrastructure including by— A increasing the efficiency of such infrastructure B addressing validation of usage with respect to such infrastructure C increasing the accuracy of such infrastructure D validating models used by such infrastructure and E monitoring and enforcing requirements that are imposed on covered agencies with respect to the use of Federal spectrum by covered agencies H R 6395—1407 4 ways to improve the ability of covered agencies to meet mission requirements in congested environments with respect to Federal spectrum including as part of automated adjustments to operations based on changing conditions in such environments 5 the creation of a time-based automated mechanism— A to share Federal spectrum between covered agencies to collaboratively and dynamically increase access to Federal spectrum by such agencies and B that could be scaled across Federal spectrum and 6 the collaboration between covered agencies necessary to ensure the interoperability of Federal spectrum b SPECTRUM INFORMATION TECHNOLOGY MODERNIZATION — 1 IN GENERAL —Not later than 240 days after the date of the enactment of this Act the Assistant Secretary of Commerce for Communications and Information shall submit to Congress a report that contains a plan for the National Telecommunications and Information Administration in this section referred to as the ‘‘NTIA’’ to modernize and automate the infrastructure of the NTIA relating to managing the use of Federal spectrum by covered agencies so as to more efficiently manage such use 2 CONTENTS —The report required by paragraph 1 shall include— A an assessment of the current as of the date on which such report is submitted infrastructure of the NTIA described in such paragraph B an acquisition strategy for the modernized infrastructure of the NTIA described in such paragraph including how such modernized infrastructure will enable covered agencies to be more efficient and effective in the use of Federal spectrum C a timeline for the implementation of the modernization efforts described in such paragraph D plans detailing how the modernized infrastructure of the NTIA described in such paragraph will— i enhance the security and reliability of such infrastructure so that the NTIA is in compliance with the requirements of subchapter II of chapter 35 of title 44 United States Code with respect to such infrastructure ii improve data models and analysis tools to increase the efficiency of the spectrum use described in such paragraph iii enhance automation and workflows and reduce the scope and level of manual effort in order to— I administer the management of the spectrum use described in such paragraph and II improve data quality and processing time and iv improve the timeliness of spectrum analyses and requests for information including requests submitted pursuant to section 552 of title 5 United States Code H R 6395—1408 E an operations and maintenance plan with respect to the modernized infrastructure of the NTIA described in such paragraph F a strategy for coordination between the covered agencies within the Policy and Plans Steering Group which shall include— i a description of— I such coordination efforts as in effect on the date on which such report is submitted and II a plan for coordination of such efforts after the date on which such report is submitted including with respect to the efforts described in subsection c ii a plan for standardizing— I electromagnetic spectrum analysis tools II modeling and simulation processes and technologies and III databases to provide technical interference assessments that are usable across the Federal Government as part of a common spectrum management infrastructure for covered agencies and iii a plan for each covered agency to implement a modernization plan described in subsection c 1 that is tailored to the particular timeline of such agency G identification of manually intensive processes involved in managing Federal spectrum and proposed enhancements to such processes H metrics to evaluate the success of the modernization efforts described in such paragraph and any similar future efforts and I an estimate of the cost of the modernization efforts described in such paragraph and any future maintenance with respect to the modernized infrastructure of the NTIA described in such paragraph including the cost of any personnel and equipment relating to such maintenance c COVERED AGENCY SPECTRUM INFORMATION TECHNOLOGY MODERNIZATION — 1 IN GENERAL —Not later than 1 year after the date of the enactment of this Act the head of each covered agency shall submit to the Assistant Secretary of Commerce for Communications and Information and the Policy and Plans Steering Group a report that describes a plan for such agency to modernize the infrastructure of such agency with respect to the use of Federal spectrum by such agency so that such modernized infrastructure of such agency is interoperable with the modernized infrastructure of the NTIA as described in subsection b 2 CONTENTS —Each report submitted by the head of a covered agency under paragraph 1 shall— A include— i an assessment of the current as of the date on which such report is submitted management capabilities of such agency with respect to the use of frequencies that are assigned to such agency which shall include a description of any challenges faced by such agency with respect to such management H R 6395—1409 ii a timeline for completion of the modernization efforts described in such paragraph iii a description of potential innovative technological capabilities for the management of frequencies that are assigned to such agency as determined under subsection a iv identification of agency-specific requirements or constraints relating to the infrastructure of such agency v identification of any existing as of the date on which such report is submitted systems of such agency that are duplicative of the modernized infrastructure of the NTIA as described in subsection b and vi with respect to the report submitted by the Secretary of Defense— I a strategy for the integration of systems or the flow of data among the Armed Forces the military departments the Defense Agencies and Department of Defense Field Activities and other components of the Department of Defense II a plan for the implementation of solutions to the use of Federal spectrum by the Department of Defense involving information at multiple levels of classification and III a strategy for addressing within the modernized infrastructure of the Department of Defense described in such paragraph the exchange of information between the Department of Defense and the NTIA in order to accomplish required processing of all Department of Defense domestic spectrum coordination and management activities and B be submitted in an unclassified format with a classified annex as appropriate 3 NOTIFICATION OF CONGRESS —Upon submission of a report under paragraph 1 the head of a covered agency shall notify Congress that such report has been submitted d GAO OVERSIGHT —The Comptroller General of the United States shall— 1 not later than 180 days after the date of the enactment of this Act conduct a review of the infrastructure of covered agencies as such infrastructure exists on the date of the enactment of this Act 2 upon submission of all of the reports required by subsection c begin conducting oversight of the implementation of the modernization plans submitted by the Assistant Secretary and covered agencies under subsections b and c respectively 3 not later than 2 years after the date on which the Comptroller General begins conducting oversight under paragraph 2 and biennially thereafter until December 31 2030 submit a report regarding such oversight to— A with respect to the implementation of the modernization plan of the Department of Defense the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives and H R 6395—1410 B with respect to the implementation of the modernization plans of all covered agencies including the Department of Defense the Committee on Commerce Science and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives and 4 until December 31 2030 provide regular briefings to— A with respect to the application of this section to the Department of Defense the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives and B with respect to the application of this section to all covered agencies including the Department of Defense the Committee on Commerce Science and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives e DEFINITIONS —In this section 1 The term ‘‘covered agency’’— A means any Federal entity that the Assistant Secretary of Commerce for Communications and Information determines is appropriate and B includes the Department of Defense 2 The term ‘‘Federal entity’’ has the meaning given such term in section 113 l of the National Telecommunications and Information Administration Organization Act 47 U S C 923 l 3 The term ‘‘Federal spectrum’’ means frequencies assigned on a primary basis to a covered agency 4 The term ‘‘infrastructure’’ means information technology systems and information technologies tools and databases SEC 9204 INTERNET OF THINGS a DEFINITIONS —In this section 1 COMMISSION —The term ‘‘Commission’’ means the Federal Communications Commission 2 SECRETARY —The term ‘‘Secretary’’ means the Secretary of Commerce 3 STEERING COMMITTEE —The term ‘‘steering committee’’ means the steering committee established under subsection b 5 A 4 WORKING GROUP —The term ‘‘working group’’ means the working group convened under subsection b 1 b FEDERAL WORKING GROUP — 1 IN GENERAL —The Secretary shall convene a working group of Federal stakeholders for the purpose of providing recommendations and a report to Congress relating to the aspects of the Internet of Things described in paragraph 2 2 DUTIES —The working group shall— A identify any Federal regulations statutes grant practices budgetary or jurisdictional challenges and other sector-specific policies that are inhibiting or could inhibit the development or deployment of the Internet of Things B consider policies or programs that encourage and improve coordination among Federal agencies that have responsibilities that are relevant to the objectives of this section H R 6395—1411 C consider any findings or recommendations made by the steering committee and where appropriate act to implement those recommendations D examine— i how Federal agencies can benefit from utilizing the Internet of Things ii the use of Internet of Things technology by Federal agencies as of the date on which the working group performs the examination iii the preparedness and ability of Federal agencies to adopt Internet of Things technology as of the date on which the working group performs the examination and in the future and iv any additional security measures that Federal agencies may need to take to— I safely and securely use the Internet of Things including measures that ensure the security of critical infrastructure and II enhance the resiliency of Federal systems against cyber threats to the Internet of Things and E in carrying out the examinations required under subclauses I and II of subparagraph D iv ensure to the maximum extent possible the coordination of the current and future activities of the Federal Government relating to security with respect to the Internet of Things 3 AGENCY REPRESENTATIVES —In convening the working group under paragraph 1 the Secretary shall have discretion to appoint representatives from Federal agencies and departments as appropriate and shall specifically consider seeking representation from— A the Department of Commerce including— i the National Telecommunications and Information Administration ii the National Institute of Standards and Technology and iii the National Oceanic and Atmospheric Administration B the Department of Transportation C the Department of Homeland Security D the Office of Management and Budget E the National Science Foundation F the Commission G the Federal Trade Commission H the Office of Science and Technology Policy I the Department of Energy and J the Federal Energy Regulatory Commission 4 NONGOVERNMENTAL STAKEHOLDERS —The working group shall consult with nongovernmental stakeholders with expertise relating to the Internet of Things including— A the steering committee B information and communications technology manufacturers suppliers service providers and vendors C subject matter experts representing industrial sectors other than the technology sector that can benefit from the Internet of Things including the transportation energy agriculture and health care sectors H R 6395—1412 D small medium and large businesses E think tanks and academia F nonprofit organizations and consumer groups G security experts H rural stakeholders and I other stakeholders with relevant expertise as determined by the Secretary 5 STEERING COMMITTEE — A ESTABLISHMENT —There is established within the Department of Commerce a steering committee to advise the working group B DUTIES —The steering committee shall advise the working group with respect to— i the identification of any Federal regulations statutes grant practices programs budgetary or jurisdictional challenges and other sector-specific policies that are inhibiting or could inhibit the development of the Internet of Things ii situations in which the use of the Internet of Things is likely to deliver significant and scalable economic and societal benefits to the United States including benefits from or to— I smart traffic and transit technologies II augmented logistics and supply chains III sustainable infrastructure IV precision agriculture V environmental monitoring VI public safety and VII health care iii whether adequate spectrum is available to support the growing Internet of Things and what legal or regulatory barriers may exist to providing any spectrum needed in the future iv policies programs or multi-stakeholder activities that— I promote or are related to the privacy of individuals who use or are affected by the Internet of Things II may enhance the security of the Internet of Things including the security of critical infrastructure III may protect users of the Internet of Things and IV may encourage coordination among Federal agencies with jurisdiction over the Internet of Things v the opportunities and challenges associated with the use of Internet of Things technology by small businesses and vi any international proceeding international negotiation or other international matter affecting the Internet of Things to which the United States is or should be a party C MEMBERSHIP —The Secretary shall appoint to the steering committee members representing a wide range of stakeholders outside of the Federal Government with expertise relating to the Internet of Things including— H R 6395—1413 i information and communications technology manufacturers suppliers service providers and vendors ii subject matter experts representing industrial sectors other than the technology sector that can benefit from the Internet of Things including the transportation energy agriculture and health care sectors iii small medium and large businesses iv think tanks and academia v nonprofit organizations and consumer groups vi security experts vii rural stakeholders and viii other stakeholders with relevant expertise as determined by the Secretary D REPORT —Not later than 1 year after the date of enactment of this Act the steering committee shall submit to the working group a report that includes any findings or recommendations of the steering committee E INDEPENDENT ADVICE — i IN GENERAL —The steering committee shall set the agenda of the steering committee in carrying out the duties of the steering committee under subparagraph B ii SUGGESTIONS —The working group may suggest topics or items for the steering committee to study and the steering committee shall take those suggestions into consideration in carrying out the duties of the steering committee iii REPORT —The steering committee shall ensure that the report submitted under subparagraph D is the result of the independent judgment of the steering committee F NO COMPENSATION FOR MEMBERS —A member of the steering committee shall serve without compensation G TERMINATION —The steering committee shall terminate on the date on which the working group submits the report under paragraph 6 6 REPORT TO CONGRESS — A IN GENERAL —Not later than 18 months after the date of enactment of this Act the working group shall submit to Congress a report that includes— i the findings and recommendations of the working group with respect to the duties of the working group under paragraph 2 ii the report submitted by the steering committee under paragraph 5 D as the report was received by the working group iii recommendations for action or reasons for inaction as applicable with respect to each recommendation made by the steering committee in the report submitted under paragraph 5 D and iv an accounting of any progress made by Federal agencies to implement recommendations made by the working group or the steering committee B COPY OF REPORT —The working group shall submit a copy of the report described in subparagraph A to— H R 6395—1414 i the Committee on Commerce Science and Transportation and the Committee on Energy and Natural Resources of the Senate ii the Committee on Energy and Commerce of the House of Representatives and iii any other committee of Congress upon request to the working group c ASSESSING SPECTRUM NEEDS — 1 IN GENERAL —The Commission in consultation with the National Telecommunications and Information Administration shall issue a notice of inquiry seeking public comment on the current as of the date of enactment of this Act and future spectrum needs to enable better connectivity relating to the Internet of Things 2 REQUIREMENTS —In issuing the notice of inquiry under paragraph 1 the Commission shall seek comments that consider and evaluate— A whether adequate spectrum is available or is planned for allocation for commercial wireless services that could support the growing Internet of Things B if adequate spectrum is not available for the purposes described in subparagraph A how to ensure that adequate spectrum is available for increased demand with respect to the Internet of Things C what regulatory barriers may exist to providing any needed spectrum that would support uses relating to the Internet of Things and D what the role of unlicensed and licensed spectrum is and will be in the growth of the Internet of Things 3 REPORT —Not later than 1 year after the date of enactment of this Act the Commission shall submit to the Committee on Commerce Science and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing the comments submitted in response to the notice of inquiry issued under paragraph 1 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 SEC 9301 REQUIREMENT FOR FACILITATION OF ESTABLISHMENT OF SOCIAL MEDIA DATA AND THREAT ANALYSIS CENTER a REQUIREMENT TO FACILITATE ESTABLISHMENT —Subsection c 1 of section 5323 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 2019 and 2020 division E of Public Law 116–92 50 U S C 3369 is amended— 1 by striking ‘‘The Director’’ and inserting ‘‘Not later than June 1 2021 the Director’’ and 2 by striking ‘‘may’’ and inserting ‘‘shall’’ b REPORTING ON FOREIGN MALIGN INFLUENCE CAMPAIGNS ON SOCIAL MEDIA PLATFORMS TARGETING ELECTIONS FOR FEDERAL OFFICE —Such section is amended— H R 6395—1415 1 by redesignating subsections f and g as subsections g and h respectively and 2 by inserting after subsection e the following new subsection f ‘‘ f FOREIGN MALIGN INFLUENCE CAMPAIGNS ON SOCIAL MEDIA PLATFORMS TARGETING ELECTIONS FOR FEDERAL OFFICE — ‘‘ 1 REPORTS — ‘‘ A REQUIREMENT —Not later than 90 days before the date of each regularly scheduled general election for Federal office the Director of the Center shall submit to the appropriate congressional committees a report on foreign malign influence campaigns on and across social media platforms targeting such election ‘‘ B MATTERS INCLUDED —Each report under subparagraph A shall include an analysis of the following ‘‘ i The patterns tools and techniques of foreign malign influence campaigns across all platforms on social media by a covered foreign country targeting a regularly scheduled general election for Federal office ‘‘ ii Inauthentic accounts and ‘bot’ networks across platforms including the scale to which such accounts or networks exist how platforms currently act to remove such accounts or networks and what percentage of such accounts or networks have been removed during the period covered by the report ‘‘ iii The estimated reach and impact of intentional or weaponized disinformation by inauthentic accounts and ‘bot’ networks including an analysis of amplification by users and algorithmic distribution ‘‘ iv The trends of types of media that are being used for dissemination through foreign malign influence campaigns including machine-manipulated media and the intended targeted groups ‘‘ C INITIAL REPORT —Not later than August 1 2021 the Director of the Center shall submit to the appropriate congressional committees a report under subparagraph A addressing the regularly scheduled general election for Federal office occurring during 2020 ‘‘ D FORM —Each report under this paragraph shall be submitted in an unclassified form but may include a classified annex ‘‘ 2 BRIEFINGS — ‘‘ A REQUIREMENT —Not later than 30 days after the date on which the Director submits to the appropriate congressional committees a report under paragraph 1 the Director of National Intelligence in coordination with the Secretary of Defense the Secretary of Homeland Security and the Director of the Federal Bureau of Investigation shall provide to such committees a briefing assessing threats from foreign malign influence campaigns on social media from covered countries to the regularly scheduled general election for Federal office covered by the report ‘‘ B MATTERS TO BE INCLUDED —Each briefing under subparagraph A shall include the following ‘‘ i The patterns tools and techniques of foreign malign influence campaigns across all platforms on H R 6395—1416 social media by a covered foreign country targeting a regularly scheduled general election for Federal office ‘‘ ii An assessment of the findings from the report for which the briefing is provided ‘‘ iii The activities and methods used to mitigate the threats associated with such findings by the Department of Defense the Department of Homeland Security or other relevant departments or agencies of the Federal Government ‘‘ iv The steps taken by departments or agencies of the Federal Government to cooperate with social media companies to mitigate the threats identified ’’ c DEFINITIONS —Subsection h of such section as redesignated by subsection b of this section is amended to read as follows ‘‘ h DEFINITIONS — ‘‘ 1 APPROPRIATE CONGRESSIONAL COMMITTEES —The term ‘appropriate congressional committees’ means— ‘‘ A the congressional intelligence committees ‘‘ B the Committee on Armed Services the Committee on Appropriations the Committee on Homeland Security the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives and ‘‘ C the Committee on Armed Services the Committee on Appropriations the Committee on Homeland Security and Government Affairs the Committee on Foreign Relations and the Committee on the Judiciary of the Senate ‘‘ 2 COVERED FOREIGN COUNTRY AND FOREIGN MALIGN INFLUENCE —The terms ‘covered foreign country’ and ‘foreign malign influence’ have the meanings given those terms in section 119C of the National Security Act of 1947 50 U S C 3059 ‘‘ 3 MACHINE-MANIPULATED MEDIA —The term ‘machinemanipulated media’ has the meaning given that term in section 5724 ’’ d CONFORMING AMENDMENTS — 1 REPORTING —Subsection d of such section is amended— A in the matter preceding paragraph 1 by striking ‘‘If the Director’’ and all that follows through ‘‘the Center the’’ and inserting ‘‘The’’ and B in paragraph 1 by striking ‘‘180 days after the date of the enactment of this Act’’ and inserting ‘‘August 1 2021’’ 2 FUNDING —Subsection g of such section as redesignated by subsection b of this section is amended by striking ‘‘fiscal year 2020 and 2021’’ and inserting ‘‘fiscal year 2021 and 2022’’ 3 CLERICAL —Such section 5323 is further amended— A in the section heading by striking ‘‘ENCOURAGEMENT OF’’ and B in subsection c — i in the subsection heading by striking ‘‘AUTHORITY’’ and inserting ‘‘REQUIREMENT’’ and ii in paragraph 1 in the paragraph heading by striking ‘‘AUTHORITY’’ and inserting ‘‘REQUIREMENT’’ H R 6395—1417 SEC 9302 INDEPENDENT STUDY ON IDENTIFYING AND ADDRESSING THREATS THAT INDIVIDUALLY OR COLLECTIVELY AFFECT NATIONAL SECURITY FINANCIAL SECURITY OR BOTH a INDEPENDENT STUDY —Not later than 30 days after the date of the enactment of this Act the Director of National Intelligence in coordination with the Secretary of the Treasury and the heads of other relevant departments and agencies of the Federal Government shall seek to enter into a contract with a federally funded research and development center under which the center will conduct a study on identifying and addressing threats that individually or collectively affect national security financial security or both b ELEMENTS OF STUDY —In carrying out the study under subsection a the federally funded research and development center selected under such subsection shall— 1 identify threats that individually or collectively affect national security financial security or both including— A foreign influence in companies seeking to access capital markets by conducting initial public offerings in other countries B the use of financial instruments markets payment systems or digital assets in ways that appear legitimate but may be part of a foreign malign strategy to weaken or undermine the economic security of the United States and C any other known or potential threats that individually or collectively affect national security financial security or both currently or in the foreseeable future 2 assess the extent to which the United States Government is currently able to identify and characterize the threats identified under paragraph 1 3 assess the extent to which the United States Government is currently able to address the risk posed by the threats identified under paragraph 1 4 assess whether current levels of information sharing and cooperation between the United States Government and allies and partners of the United States have been helpful or can be improved upon in order for the United States Government to identify characterize and mitigate the threats identified under paragraph 1 and 5 recommend opportunities and any such authorities or resources required to improve the efficiency and effectiveness of the United States Government in identifying and countering the threats identified under paragraph 1 c SUBMISSION TO DIRECTOR OF NATIONAL INTELLIGENCE — Not later than 180 days after the date of the enactment of this Act the federally funded research and development center selected to conduct the study under subsection a shall submit to the Director of National Intelligence a report on the results of the study in both classified and unclassified form d SUBMISSION TO CONGRESS — 1 IN GENERAL —Not later than 30 days after the date on which the Director of National Intelligence receives the report under subsection c the Director shall submit to the appropriate congressional committees— H R 6395—1418 A a copy of the report without change in both classified and unclassified form and B such comments as the Director in coordination with the Secretary of the Treasury and the heads of other relevant departments and agencies of the Federal Government may have with respect to the report 2 APPROPRIATE CONGRESSIONAL COMMITTEES —In this subsection the term ‘‘appropriate congressional committees’’ means— A the Committee on Armed Services the Select Committee on Intelligence the Committee on Banking Housing and Urban Affairs the Committee on Foreign Relations and the Committee on Appropriations of the Senate and B the Committee on Armed Services the Permanent Select Committee on Intelligence the Committee on Financial Services the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives 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 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 Subtitle A—Cybersecurity Matters SEC 9401 IMPROVING NATIONAL INITIATIVE FOR CYBERSECURITY EDUCATION a PROGRAM IMPROVEMENTS GENERALLY —Subsection a of section 401 of the Cybersecurity Enhancement Act of 2014 15 U S C 7451 is amended— 1 in paragraph 5 by striking ‘‘ and’’ and inserting a semicolon 2 by redesignating paragraph 6 as paragraph 10 and 3 by inserting after paragraph 5 the following ‘‘ 6 supporting efforts to identify cybersecurity workforce skill gaps in public and private sectors H R 6395—1419 ‘‘ 7 facilitating Federal programs to advance cybersecurity education training and workforce development ‘‘ 8 in coordination with the Department of Defense the Department of Homeland Security and other appropriate agencies considering any specific needs of the cybersecurity workforce of critical infrastructure including cyber physical systems and control systems ‘‘ 9 advising the Director of the Office of Management and Budget as needed in developing metrics to measure the effectiveness and effect of programs and initiatives to advance the cybersecurity workforce and’’ b STRATEGIC PLAN —Subsection c of such section is amended— 1 by striking ‘‘The Director’’ and inserting the following ‘‘ 1 IN GENERAL —The Director’’ and 2 by adding at the end the following ‘‘ 2 REQUIREMENT —The strategic plan developed and implemented under paragraph 1 shall include an indication of how the Director will carry out this section ’’ c CYBERSECURITY CAREER PATHWAYS — 1 IDENTIFICATION OF MULTIPLE CYBERSECURITY CAREER PATHWAYS —In carrying out subsection a of such section and not later than 540 days after the date of the enactment of this Act the Director of the National Institute of Standards and Technology shall in coordination with the Secretary of Defense the Secretary of Homeland Security the Director of the Office of Personnel Management and the heads of other appropriate agencies use a consultative process with other Federal agencies academia and industry to identify multiple career pathways for cybersecurity work roles that can be used in the private and public sectors 2 REQUIREMENTS —The Director shall ensure that the multiple cybersecurity career pathways identified under paragraph 1 indicate the knowledge skills and abilities including relevant education training internships apprenticeships certifications and other experiences that— A align with employers’ cybersecurity skill needs including proficiency level requirements for its workforce and B prepare an individual to be successful in entering or advancing in a cybersecurity career 3 EXCHANGE PROGRAM —Consistent with requirements under chapter 37 of title 5 United States Code the Director of the National Institute of Standards and Technology in coordination with the Director of the Office of Personnel Management may establish a voluntary program for the exchange of employees engaged in one of the cybersecurity work roles identified in the National Initiative for Cybersecurity Education NICE Cybersecurity Workforce Framework NIST Special Publication 800–181 or successor framework between the National Institute of Standards and Technology and private sector institutions including nonpublic or commercial businesses research institutions or institutions of higher education as the Director of the National Institute of Standards and Technology considers feasible d PROFICIENCY TO PERFORM CYBERSECURITY TASKS —Not later than 540 days after the date of the enactment of this Act the H R 6395—1420 Director of the National Institute of Standards and Technology shall in coordination with the Secretary of Defense the Secretary of Homeland Security and the heads of other appropriate agencies— 1 in carrying out subsection a of such section assess the scope and sufficiency of efforts to measure an individual’s capability to perform specific tasks found in the National Initiative for Cybersecurity Education NICE Cybersecurity Workforce Framework NIST Special Publication 800–181 at all proficiency levels and 2 submit to Congress a report— A on the findings of the Director with respect to the assessment carried out under paragraph 1 and B with recommendations for effective methods for measuring the cybersecurity proficiency of learners e CYBERSECURITY METRICS —Such section is further amended by adding at the end the following ‘‘ e CYBERSECURITY METRICS —In carrying out subsection a the Director of the Office of Management and Budget may seek input from the Director of the National Institute of Standards and Technology in coordination with the Department of Homeland Security the Department of Defense the Office of Personnel Management and such agencies as the Director of the National Institute of Standards and Technology considers relevant to develop quantifiable metrics for evaluating Federally funded cybersecurity workforce programs and initiatives based on the outcomes of such programs and initiatives ’’ f REGIONAL ALLIANCES AND MULTISTAKEHOLDER PARTNERSHIPS —Such section is further amended by adding at the end the following ‘‘ f REGIONAL ALLIANCES AND MULTISTAKEHOLDER PARTNERSHIPS — ‘‘ 1 IN GENERAL —Pursuant to section 2 b 4 of the National Institute of Standards and Technology Act 15 U S C 272 b 4 the Director shall establish cooperative agreements between the National Initiative for Cybersecurity Education NICE of the Institute and regional alliances or partnerships for cybersecurity education and workforce ‘‘ 2 AGREEMENTS —The cooperative agreements established under paragraph 1 shall advance the goals of the National Initiative for Cybersecurity Education Cybersecurity Workforce Framework NIST Special Publication 800–181 or successor framework by facilitating local and regional partnerships to— ‘‘ A identify the workforce needs of the local economy and classify such workforce in accordance with such framework ‘‘ B identify the education training apprenticeship and other opportunities available in the local economy and ‘‘ C support opportunities to meet the needs of the local economy ‘‘ 3 FINANCIAL ASSISTANCE — ‘‘ A FINANCIAL ASSISTANCE AUTHORIZED —The Director may award financial assistance to a regional alliance or partnership with whom the Director enters into a cooperative agreement under paragraph 1 in order to assist the regional alliance or partnership in carrying out the terms of the cooperative agreement H R 6395—1421 ‘‘ B AMOUNT OF ASSISTANCE —The aggregate amount of financial assistance awarded under subparagraph A per cooperative agreement shall not exceed $200 000 ‘‘ C MATCHING REQUIREMENT —The Director may not award financial assistance to a regional alliance or partnership under subparagraph A unless the regional alliance or partnership agrees that with respect to the costs to be incurred by the regional alliance or partnership in carrying out the cooperative agreement for which the assistance was awarded the regional alliance or partnership will make available directly or through donations from public or private entities non-Federal contributions including in-kind contributions in an amount equal to 50 percent of Federal funds provided under the award ‘‘ 4 APPLICATION — ‘‘ A IN GENERAL —A regional alliance or partnership seeking to enter into a cooperative agreement under paragraph 1 and receive financial assistance under paragraph 3 shall submit to the Director an application therefore at such time in such manner and containing such information as the Director may require ‘‘ B REQUIREMENTS —Each application submitted under subparagraph A shall include the following ‘‘ i I A plan to establish or identification of if it already exists a multistakeholder workforce partnership that includes— ‘‘ aa at least one institution of higher education or nonprofit training organization and ‘‘ bb at least one local employer or owner or operator of critical infrastructure ‘‘ II Participation from academic institutions in the Federal Cyber Scholarships for Service Program the National Centers of Academic Excellence in Cybersecurity Program or advanced technological education programs as well as elementary and secondary schools training and certification providers State and local governments economic development organizations or other community organizations is encouraged ‘‘ ii A description of how the workforce partnership would identify the workforce needs of the local economy ‘‘ iii A description of how the multistakeholder workforce partnership would leverage the programs and objectives of the National Initiative for Cybersecurity Education such as the Cybersecurity Workforce Framework and the strategic plan of such initiative ‘‘ iv A description of how employers in the community will be recruited to support internships externships apprenticeships or cooperative education programs in conjunction with providers of education and training Inclusion of programs that seek to include veterans Indian Tribes and underrepresented groups including women minorities persons from rural and underserved areas and persons with disabilities is encouraged H R 6395—1422 ‘‘ v A definition of the metrics to be used in determining the success of the efforts of the regional alliance or partnership under the agreement ‘‘ C PRIORITY CONSIDERATION —In awarding financial assistance under paragraph 3 A the Director shall give priority consideration to a regional alliance or partnership that includes an institution of higher education that is designated as a National Center of Academic Excellence in Cybersecurity or which received an award under the Federal Cyber Scholarship for Service program located in the State or region of the regional alliance or partnership ‘‘ 5 AUDITS —Each cooperative agreement for which financial assistance is awarded under paragraph 3 shall be subject to audit requirements under part 200 of title 2 Code of Federal Regulations relating to uniform administrative requirements cost principles and audit requirements for Federal awards or successor regulation ‘‘ 6 REPORTS — ‘‘ A IN GENERAL —Upon completion of a cooperative agreement under paragraph 1 the regional alliance or partnership that participated in the agreement shall submit to the Director a report on the activities of the regional alliance or partnership under the agreement which may include training and education outcomes ‘‘ B CONTENTS —Each report submitted under subparagraph A by a regional alliance or partnership shall include the following ‘‘ i An assessment of efforts made by the regional alliance or partnership to carry out paragraph 2 ‘‘ ii The metrics used by the regional alliance or partnership to measure the success of the efforts of the regional alliance or partnership under the cooperative agreement ’’ g TRANSFER OF SECTION — 1 TRANSFER —Such section is transferred to the end of title III of such Act and redesignated as section 303 2 REPEAL —Title IV of such Act is repealed 3 CLERICAL —The table of contents in section 1 b of such Act is amended— A by striking the items relating to title IV and section 401 and B by inserting after the item relating to section 302 the following ‘‘Sec 303 National cybersecurity awareness and education program ’’ 4 CONFORMING AMENDMENTS — A Section 302 3 of the Federal Cybersecurity Workforce Assessment Act of 2015 Public Law 114–113 5 U S C 301 note is amended by striking ‘‘under section 401 of the Cybersecurity Enhancement Act of 2014 15 U S C 7451 ’’ and inserting ‘‘under section 303 of the Cybersecurity Enhancement Act of 2014 Public Law 113– 274 ’’ B Section 2 c 3 of the NIST Small Business Cybersecurity Act Public Law 115–236 15 U S C 272 note is amended by striking ‘‘under section 401 of the Cybersecurity Enhancement Act of 2014 15 U S C 7451 ’’ and H R 6395—1423 inserting ‘‘under section 303 of the Cybersecurity Enhancement Act of 2014 Public Law 113–274 ’’ C Section 302 f of the Cybersecurity Enhancement Act of 2014 15 U S C 7442 f is amended by striking ‘‘under section 401’’ and inserting ‘‘under section 303’’ SEC 9402 DEVELOPMENT OF STANDARDS AND GUIDELINES FOR IMPROVING CYBERSECURITY WORKFORCE OF FEDERAL AGENCIES a IN GENERAL —Section 20 a of the National Institute of Standards and Technology Act 15 U S C 278g–3 a is amended— 1 in paragraph 3 by striking ‘‘ and’’ and inserting a semicolon 2 in paragraph 4 by striking the period at the end and inserting ‘‘ and’’ and 3 by adding at the end the following ‘‘ 5 identify and develop standards and guidelines for improving the cybersecurity workforce for an agency as part of the National Initiative for Cybersecurity Education NICE Cybersecurity Workforce Framework NIST Special Publication 800–181 or successor framework ’’ b PUBLICATION OF STANDARDS AND GUIDELINES ON CYBERSECURITY AWARENESS —Not later than three years after the date of the enactment of this Act and pursuant to section 20 of the National Institute of Standards and Technology Act 15 U S C 278g–3 the Director of the National Institute of Standards and Technology shall publish standards and guidelines for improving cybersecurity awareness of employees and contractors of Federal agencies SEC 9403 MODIFICATIONS TO FEDERAL CYBER SCHOLARSHIP-FORSERVICE PROGRAM Section 302 of the Cybersecurity Enhancement Act of 2014 15 U S C 7442 is amended— 1 in subsection b — A in paragraph 2 by striking ‘‘information technology’’ and inserting ‘‘information technology and cybersecurity’’ B by amending paragraph 3 to read as follows ‘‘ 3 prioritize the placement of scholarship recipients fulfilling the post-award employment obligation under this section to ensure that— ‘‘ A not less than 70 percent of such recipients are placed in an executive agency as defined in section 105 of title 5 United States Code ‘‘ B not more than 10 percent of such recipients are placed as educators in the field of cybersecurity at qualified institutions of higher education that provide scholarships under this section and ‘‘ C not more than 20 percent of such recipients are placed in positions described in paragraphs 2 through 5 of subsection d and’’ and C in paragraph 4 in the matter preceding subparagraph A by inserting ‘‘ including by seeking to provide awards in coordination with other relevant agencies for summer cybersecurity camp or other experiences including teacher training in each of the 50 States ’’ after ‘‘cybersecurity education’’ H R 6395—1424 2 in subsection d — A in paragraph 4 by striking ‘‘or’’ at the end B in paragraph 5 by striking the period at the end and inserting ‘‘ or’’ and C by adding at the end the following ‘‘ 6 as provided by subsection b 3 B a qualified institution of higher education ’’ and 3 in subsection m — A in paragraph 1 in the matter preceding subparagraph A by striking ‘‘cyber’’ and inserting ‘‘cybersecurity’’ and B in paragraph 2 by striking ‘‘cyber’’ and inserting ‘‘cybersecurity’’ SEC 9404 ADDITIONAL MODIFICATIONS TO FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM Section 302 of the Cybersecurity Enhancement Act of 2014 15 U S C 7442 is further amended— 1 in subsection f — A in paragraph 4 by striking ‘‘and’’ after the semicolon and B by striking paragraph 5 and inserting the following ‘‘ 5 enter into an agreement accepting and acknowledging the post award employment obligations pursuant to section d ‘‘ 6 accept and acknowledge the conditions of support under section g and ‘‘ 7 accept all terms and conditions of a scholarship under this section ’’ 2 in subsection g — A in paragraph 1 by inserting ‘‘the Office of Personnel Management in coordination with the National Science Foundation and’’ before ‘‘the qualified institution’’ B in paragraph 2 — i in subparagraph D by striking ‘‘or’’ after the semicolon and ii by striking subparagraph E and inserting the following ‘‘ E fails to maintain or fulfill any of the post-graduation or post-award obligations or requirements of the individual or ‘‘ F fails to fulfill the requirements of paragraph 1 ’’ 3 in subsection h 2 by inserting ‘‘and the Director of the Office of Personnel Management’’ after ‘‘Foundation’’ 4 in subsection k 1 A by striking ‘‘and the Director’’ and all that follows through ‘‘owed’’ and inserting ‘‘ the Director of the National Science Foundation and the Director of the Office of Personnel Management of the amounts owed’’ and 5 in subsection m 2 by striking ‘‘once every 3 years’’ and all that follows through ‘‘workforce’’ and inserting ‘‘once every two years to the Committee on Commerce Science and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Science Space and Technology and the Committee on Oversight and Reform of the House of Representatives a report including— H R 6395—1425 ‘‘ A the results of the evaluation under paragraph 1 ‘‘ B the disparity in any reporting between scholarship recipients and their respective institutions of higher education and ‘‘ C any recent statistics regarding the size composition and educational requirements of the Federal cyber workforce ’’ SEC 9405 CYBERSECURITY IN PROGRAMS OF THE NATIONAL SCIENCE FOUNDATION a COMPUTER SCIENCE AND CYBERSECURITY EDUCATION RESEARCH —Section 310 of the American Innovation and Competitiveness Act 42 U S C 1862s–7 is amended— 1 in subsection b — A in paragraph 1 by inserting ‘‘and cybersecurity’’ after ‘‘computer science’’ and B in paragraph 2 — i in subparagraph C by striking ‘‘ and’’ after the semicolon ii in subparagraph D by striking the period at the end and inserting ‘‘ and’’ and iii by adding at the end the following ‘‘ E tools and models for the integration of cybersecurity and other interdisciplinary efforts into computer science education and computational thinking at secondary and postsecondary levels of education ’’ and 2 in subsection c by inserting ‘‘ cybersecurity ’’ after ‘‘computing’’ b SCIENTIFIC AND TECHNICAL EDUCATION —Section 3 j 9 of the Scientific and Advanced-Technology Act of 1992 42 U S C 1862i j 9 is amended by inserting ‘‘and cybersecurity’’ after ‘‘computer science’’ c LOW-INCOME SCHOLARSHIP PROGRAM —Section 414 d of the American Competitiveness and Workforce Improvement Act of 1998 42 U S C 1869c is amended— 1 in paragraph 1 by striking ‘‘or computer science’’ and inserting ‘‘computer science or cybersecurity’’ and 2 in paragraph 2 A iii by inserting ‘‘cybersecurity ’’ after ‘‘computer science ’’ d PRESIDENTIAL AWARDS FOR TEACHING EXCELLENCE —The Director of the National Science Foundation shall ensure that educators and mentors in fields relating to cybersecurity can be considered for— 1 Presidential Awards for Excellence in Mathematics and Science Teaching made under section 117 of the National Science Foundation Authorization Act of 1988 42 U S C 1881b and 2 Presidential Awards for Excellence in STEM Mentoring administered under section 307 of the American Innovation and Competitiveness Act 42 U S C 1862s–6 SEC 9406 CYBERSECURITY IN STEM PROGRAMS OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION In carrying out any STEM education program of the National Aeronautics and Space Administration referred to in this section as ‘‘NASA’’ including a program of the Office of STEM Engagement the Administrator of NASA shall to the maximum extent H R 6395—1426 practicable encourage the inclusion of cybersecurity education opportunities in such program SEC 9407 NATIONAL CYBERSECURITY CHALLENGES a IN GENERAL —Title II of the Cybersecurity Enhancement Act of 2014 15 U S C 7431 et seq is amended by adding at the end the following ‘‘SEC 205 NATIONAL CYBERSECURITY CHALLENGES ‘‘ a ESTABLISHMENT OF NATIONAL CYBERSECURITY CHAL- LENGES — ‘‘ 1 IN GENERAL —To achieve high-priority breakthroughs in cybersecurity by 2028 the Secretary of Commerce shall establish the following national cybersecurity challenges ‘‘ A ECONOMICS OF A CYBER ATTACK —Building more resilient systems that measurably and exponentially raise adversary costs of carrying out common cyber attacks ‘‘ B CYBER TRAINING — ‘‘ i Empowering the people of the United States with an appropriate and measurably sufficient level of digital literacy to make safe and secure decisions online ‘‘ ii Developing a cybersecurity workforce with measurable skills to protect and maintain information systems ‘‘ C EMERGING TECHNOLOGY —Advancing cybersecurity efforts in response to emerging technology such as artificial intelligence quantum science next generation communications autonomy data science and computational technologies ‘‘ D REIMAGINING DIGITAL IDENTITY —Maintaining a high sense of usability while improving the privacy security and safety of online activity of individuals in the United States ‘‘ E FEDERAL AGENCY RESILIENCE —Reducing cybersecurity risks to Federal networks and systems and improving the response of Federal agencies to cybersecurity incidents on such networks and systems ‘‘ 2 COORDINATION —In establishing the challenges under paragraph 1 the Secretary shall coordinate with the Secretary of Homeland Security on the challenges under subparagraphs B and E of such paragraph ‘‘ b PURSUIT OF NATIONAL CYBERSECURITY CHALLENGES — ‘‘ 1 IN GENERAL —Not later than 180 days after the date of the enactment of this section the Secretary acting through the Under Secretary of Commerce for Standards and Technology shall commence efforts to pursue the national cybersecurity challenges established under subsection a ‘‘ 2 COMPETITIONS —The efforts required by paragraph 1 shall include carrying out programs to award prizes including cash and noncash prizes competitively pursuant to the authorities and processes established under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 15 U S C 3719 or any other applicable provision of law ‘‘ 3 ADDITIONAL AUTHORITIES —In carrying out paragraph 1 the Secretary may enter into and perform such other transactions as the Secretary considers necessary and on such terms as the Secretary considers appropriate H R 6395—1427 ‘‘ 4 COORDINATION —In pursuing national cybersecurity challenges under paragraph 1 the Secretary shall coordinate with the following ‘‘ A The Director of the National Science Foundation ‘‘ B The Secretary of Homeland Security ‘‘ C The Director of the Defense Advanced Research Projects Agency ‘‘ D The Director of the Office of Science and Technology Policy ‘‘ E The Director of the Office of Management and Budget ‘‘ F The Administrator of the General Services Administration ‘‘ G The Federal Trade Commission ‘‘ H The heads of such other Federal agencies as the Secretary of Commerce considers appropriate for purposes of this section ‘‘ 5 SOLICITATION OF ACCEPTANCE OF FUNDS — ‘‘ A IN GENERAL —Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 15 U S C 3719 the Secretary shall request and accept funds from other Federal agencies State United States territory local or Tribal government agencies private sector forprofit entities and nonprofit entities to support efforts to pursue a national cybersecurity challenge under this section ‘‘ B RULE OF CONSTRUCTION —Nothing in subparagraph A may be construed to require any person or entity to provide funds or otherwise participate in an effort or competition under this section ‘‘ c RECOMMENDATIONS — ‘‘ 1 IN GENERAL —In carrying out this section the Secretary of Commerce shall designate an advisory council to seek recommendations ‘‘ 2 ELEMENTS —The recommendations required by paragraph 1 shall include the following ‘‘ A A scope for efforts carried out under subsection b ‘‘ B Metrics to assess submissions for prizes under competitions carried out under subsection b as the submissions pertain to the national cybersecurity challenges established under subsection a ‘‘ 3 NO ADDITIONAL COMPENSATION —The Secretary may not provide any additional compensation except for travel expenses to a member of the advisory council designated under paragraph 1 for participation in the advisory council ’’ b CONFORMING AMENDMENTS —Section 201 a 1 of such Act 15 U S C 7431 a 1 is amended— 1 in subparagraph J by striking ‘‘and’’ after the semicolon 2 by redesignating subparagraph K as subparagraph L and 3 by inserting after subparagraph J the following ‘‘ K implementation of section 205 through research and development on the topics identified under subsection a of such section and’’ H R 6395—1428 c CLERICAL AMENDMENT —The table of contents in section 1 b of such Act is amended by inserting after the item relating to section 204 the following ‘‘Sec 205 National cybersecurity challenges ’’ Subtitle B—Other Matters SEC 9411 ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH Section 2203 b of the Energy Policy Act of 1992 42 U S C 13503 b is amended by striking paragraph 3 and inserting the following new paragraph 3 ‘‘ 3 ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH — ‘‘ A DEFINITIONS —In this paragraph ‘‘ i ELIGIBLE JURISDICTION —The term ‘eligible jurisdiction’ means a State that is determined to be eligible for a grant under this paragraph in accordance with subparagraph D ‘‘ ii EPSCOR —The term ‘EPSCoR’ means the Established Program to Stimulate Competitive Research operated under subparagraph B ‘‘ iii NATIONAL LABORATORY —The term ‘National Laboratory’ has the meaning given the term in section 2 of the Energy Policy Act of 2005 42 U S C 15801 ‘‘ iv STATE —The term ‘State’ means— ‘‘ I a State ‘‘ II the District of Columbia ‘‘ III the Commonwealth of Puerto Rico ‘‘ IV Guam and ‘‘ V the United States Virgin Islands ‘‘ B PROGRAM OPERATION —The Secretary shall operate an Established Program to Stimulate Competitive Research ‘‘ C OBJECTIVES —The objectives of EPSCoR shall be— ‘‘ i to increase the number of researchers in eligible jurisdictions especially at institutions of higher education capable of performing nationally competitive science and engineering research in support of the mission of the Department of Energy in the areas of applied energy research environmental management and basic science ‘‘ ii to improve science and engineering research and education programs at institutions of higher education in eligible jurisdictions and enhance the capabilities of eligible jurisdictions to develop plan and execute research that is competitive including through investing in research equipment and instrumentation and ‘‘ iii to increase the probability of long-term growth of competitive funding to eligible jurisdictions ‘‘ D ELIGIBLE JURISDICTIONS — ‘‘ i IN GENERAL —The Secretary may establish criteria for determining whether a State is eligible for a grant under this paragraph H R 6395—1429 ‘‘ ii REQUIREMENT —Except as provided in clause iii in establishing criteria under clause i the Secretary shall ensure that a State is eligible for a grant under this paragraph if the State as determined by the Secretary is a State that— ‘‘ I historically has received relatively little Federal research and development funding and ‘‘ II has demonstrated a commitment— ‘‘ aa to develop the research bases in the State and ‘‘ bb to improve science and engineering research and education programs at institutions of higher education in the State ‘‘ iii ELIGIBILITY UNDER NSF EPSCOR —At the election of the Secretary or if the Secretary declines to establish criteria under clause i the Secretary may continue to use the eligibility criteria in use on the date of enactment of the William M Mac Thornberry National Defense Authorization Act for Fiscal Year 2021 or any successor criteria ‘‘ E GRANTS IN AREAS OF APPLIED ENERGY RESEARCH ENVIRONMENTAL MANAGEMENT AND BASIC SCIENCE — ‘‘ i IN GENERAL —EPSCoR shall make grants to eligible jurisdictions to carry out and support applied energy research and research in all areas of environmental management and basic science sponsored by the Department of Energy including— ‘‘ I energy efficiency fossil energy renewable energy and other applied energy research ‘‘ II electricity delivery research ‘‘ III cybersecurity energy security and emergency response ‘‘ IV environmental management and ‘‘ V basic science research ‘‘ ii ACTIVITIES —EPSCoR shall make grants under this subparagraph for activities consistent with the objectives described in subparagraph C in the areas of applied energy research environmental management and basic science described in clause i including— ‘‘ I to support research that is carried out in partnership with the National Laboratories ‘‘ II to provide for graduate traineeships ‘‘ III to support research by early career faculty and ‘‘ IV to improve research capabilities through biennial research implementation grants ‘‘ iii NO COST SHARING —EPSCoR shall not impose any cost-sharing requirement with respect to a grant made under this subparagraph but may require letters of commitment from National Laboratories ‘‘ F OTHER ACTIVITIES —EPSCoR may carry out such activities as may be necessary to meet the objectives described in subparagraph C in the areas of applied energy research environmental management and basic science described in subparagraph E i ‘‘ G PROGRAM IMPLEMENTATION — H R 6395—1430 ‘‘ i IN GENERAL —Not later than 270 days after the date of enactment of the William M Mac Thornberry National Defense Authorization Act for Fiscal Year 2021 the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a plan describing how the Secretary shall implement EPSCoR ‘‘ ii CONTENTS OF PLAN —The plan described in clause i shall include a description of— ‘‘ I the management structure of EPSCoR which shall ensure that all research areas and activities described in this paragraph are incorporated into EPSCoR ‘‘ II efforts to conduct outreach to inform eligible jurisdictions and faculty of changes to and opportunities under EPSCoR ‘‘ III how EPSCoR plans to increase engagement with eligible jurisdictions faculty and State committees including by holding regular workshops to increase participation in EPSCoR and ‘‘ IV any other issues relating to EPSCoR that the Secretary determines appropriate ‘‘ H PROGRAM EVALUATION — ‘‘ i IN GENERAL —Not later than 5 years after the date of enactment of the William M Mac Thornberry National Defense Authorization Act for Fiscal Year 2021 the Secretary shall contract with a federally funded research and development center the National Academy of Sciences or a similar organization to carry out an assessment of the effectiveness of EPSCoR including an assessment of— ‘‘ I the tangible progress made towards achieving the objectives described in subparagraph C ‘‘ II the impact of research supported by EPSCoR on the mission of the Department of Energy and ‘‘ III any other issues relating to EPSCoR that the Secretary determines appropriate ‘‘ ii LIMITATION —The organization with which the Secretary contracts under clause i shall not be a National Laboratory ‘‘ iii REPORT —Not later than 6 years after the date of enactment of the William M Mac Thornberry National Defense Authorization Act for Fiscal Year 2021 the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate and the Committee on Science Space and Technology and the Committee on Appropriations of the House of Representatives a report describing the results of the assessment carried out under clause i including recommendations for improvements that would enable the Secretary to achieve the objectives described in subparagraph C ’’ H R 6395—1431 SEC 9412 INDUSTRIES OF THE FUTURE a SHORT TITLE —This section may be cited as the ‘‘Industries of the Future Act of 2020’’ b REPORT ON FEDERAL RESEARCH AND DEVELOPMENT FOCUSED ON INDUSTRIES OF THE FUTURE — 1 IN GENERAL —Not later than 120 days after the date of the enactment of this Act the Director of the Office of Science and Technology Policy shall submit to Congress a report on research and development investments infrastructure and workforce development investments of the Federal Government that enable continued United States leadership in industries of the future 2 CONTENTS —The report submitted under paragraph 1 shall include the following A A definition for purposes of this section of the term ‘‘industries of the future’’ that includes emerging technologies B An assessment of the current baseline of investments in civilian research and development investments of the Federal Government in the industries of the future C A plan to double such baseline investments in artificial intelligence and quantum information science by fiscal year 2022 D A detailed plan to increase investments described in subparagraph B in industries of the future to $10 000 000 000 per year by fiscal year 2025 E A plan to leverage investments described in subparagraphs B C and D in industries of the future to elicit complimentary investments by non-Federal entities including providing incentives for significant complementary investments by such entities and facilitating public-private partnerships F Proposals for the Federal Government including any necessary draft legislation to implement such plans c INDUSTRIES OF THE FUTURE COORDINATION COUNCIL — 1 ESTABLISHMENT — A IN GENERAL —The President shall establish or designate a council to advise the Director of the Office of Science and Technology Policy on matters relevant to the Director and the industries of the future B DESIGNATION —The council established or designated under subparagraph A shall be known as the ‘‘Industries of the Future Coordination Council’’ in this section the ‘‘Council’’ 2 MEMBERSHIP — A COMPOSITION —The Council shall be composed of employees of the Federal Government who shall be appointed as follows i One member appointed by the Director ii A chairperson of the Select Committee on Artificial Intelligence of the National Science and Technology Council iii A chairperson of the Subcommittee on Advanced Manufacturing of the National Science and Technology Council H R 6395—1432 iv A chairperson of the Subcommittee on Quantum Information Science of the National Science and Technology Council v Such other members as the President considers appropriate B CHAIRPERSON —The member appointed to the Council under paragraph A i shall serve as the chairperson of the Council 3 DUTIES —The duties of the Council are as follows A To provide the Director with advice on ways in which in the Federal Government can ensure the United States continues to lead the world in developing emerging technologies that improve the quality of life of the people of the United States increase economic competitiveness of the United States and strengthen the national security of the United States including identification of the following i Federal investments required in fundamental research and development infrastructure technology transfer and workforce development of the United States workers who will support the industries of the future ii Actions necessary to create and further develop the workforce that will support the industries of the future iii Actions required to leverage the strength of the research and development ecosystem of the United States which includes academia industry and nonprofit organizations to support industries of the future iv Ways that the Federal Government can consider leveraging existing partnerships and creating new partnerships and other multisector collaborations to advance the industries of the future v Actions required to accelerate the translation of federally funded research and development to practice and meaningful benefits for society while mitigating any risks B To provide the Director with advice on matters relevant to the report required under subsection b 4 COORDINATION —The Council shall coordinate with and utilize relevant existing National Science and Technology Council committees to the maximum extent feasible in order to minimize duplication of effort 5 APPLICABILITY OF FACA —The Federal Advisory Committee Act 5 U S C App shall not apply to the Council established under this subsection 6 SUNSET —The Council shall terminate on the date that is 6 years after the date of the enactment of this Act SEC 9413 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY MANUFACTURING EXTENSION PARTNERSHIP PROGRAM SUPPLY CHAIN DATABASE a IN GENERAL —The Director of the National Institute of Standards and Technology shall carry out a study to evaluate the feasibility advisability and costs of establishing a national H R 6395—1433 supply chain database within the Manufacturing Extension Partnership program of the National Institute of Standards and Technology to— 1 understand the manufacturing capabilities of United States manufacturers and 2 minimize disruptions to the supply chain which may include defense supplies food and medical devices including personal protective equipment b CONSIDERATIONS —In carrying out the study under subsection a the Director of the National Institute of Standards and Technology shall consider the following 1 Whether a national supply chain database may enable the National Institute of Standards and Technology and the small and medium manufacturers of the Manufacturing Extension Partnership program to— A understand the available domestic manufacturing capabilities and B meet the needs for urgent products in the event of a supply chain disruption 2 How information from State-level databases maintained within the Manufacturing Extension Partnership program would be incorporated into the national supply chain database 3 The relationship if any between a national supply chain database within the Manufacturing Extension Partnership program and supply chain efforts conducted by other agencies in the Federal Government and non-Federal entities 4 Whether the National Institute of Standards and Technology could use existing technologies and solutions to establish a national supply chain database 5 How a national supply chain database could be regularly maintained and updated to ensure effectiveness 6 The nature of the information that could be voluntarily collected from manufacturers for a national supply chain database 7 What mechanisms should be in place to ensure that the information under paragraph 6 is verified 8 What security measures may be necessary to protect information including protocols to ensure that information in the national supply chain database is accessed according to the nature of the information in such database with individuals with the appropriate level of authorization 9 Whether there should be restrictions to protect proprietary business and personal information under paragraph 6 10 The cost of developing and maintaining such a database including staffing c REPORT TO CONGRESS —Not later than 180 days after the date of the enactment of this Act the Director of the National Institute of Standards and Technology shall submit to Congress a report that includes the findings and any recommendations from the study required under subsection a Such report shall include a description of any new legislation that may be required to implement a new national supply chain database through the Manufacturing Extension Partnership program H R 6395—1434 SEC 9414 STUDY ON CHINESE POLICIES AND INFLUENCE IN THE DEVELOPMENT OF INTERNATIONAL STANDARDS FOR EMERGING TECHNOLOGIES a STUDY —Not later than 180 days after the date of the enactment of this Act the Director of the National Institute of Standards and Technology shall enter into an agreement with an appropriate entity with relevant expertise as determined by the Director to conduct a study and make recommendations with respect to the effect of the policies of the People’s Republic of China and coordination among industrial entities within the People’s Republic of China on international bodies engaged in developing and setting international standards for emerging technologies The study may include— 1 an assessment of how the role of the People’s Republic of China in international standards setting organizations has grown over the previous 10 years including in leadership roles in standards-drafting technical committees and the quality or value of that participation 2 an assessment of the effect of the standardization strategy of the People’s Republic of China as identified in the ‘‘Chinese Standard 2035’’ on international bodies engaged in developing and setting standards for select emerging technologies such as advanced communication technologies or cloud computing and cloud services 3 an examination of whether international standards for select emerging technologies are being designed to promote interests of the People’s Republic of China that are expressed in the ‘‘Made in China 2025’’ plan to the exclusion of other participants 4 an examination of how the previous practices that the People’s Republic of China has used while participating in international standards setting organizations may foretell how the People’s Republic of China is likely to engage in international standardization activities of critical technologies like artificial intelligence and quantum information science and what may be the consequences 5 recommendations on how the United States can take steps to mitigate the influence of the People’s Republic of China and bolster United States public and private sector participation in international standards-setting bodies and 6 any other area the Director in consultation with the entity selected to conduct the study determines is important to address b REPORT TO CONGRESS —The agreement entered into under subsection a shall provide that not later than two years after the date of the enactment of this Act the entity conducting the study shall— 1 submit to the Committee on Science Space and Technology and the Committee on Foreign Affairs of the House of Representatives and the Committee on Commerce Science and Transportation and the Committee on Foreign Relations of the Senate a report containing the findings and recommendations of the study and 2 make a copy of such report available on a publicly accessible website H R 6395—1435 SEC 9415 COORDINATION WITH HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP CENTERS Notwithstanding section 34 d 2 A iv of the National Institute for Standards and Technology Act 15 U S C 278s d 2 A iv each Manufacturing USA Institute established under subsection d of such section shall as appropriate contract with a Hollings Manufacturing Extension Partnership Center established under section 25 of such Act in each State in which such Institute provides services either directly or through another such Center to provide defense industrial base-related outreach technical assistance workforce development and technology transfer assistance to small and medium-sized manufacturers No Center shall charge in excess of its standard rate for such services Funds received by a Center through such a contract shall not constitute financial assistance under section 25 e of such Act 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 SEC 9501 TRANSFER OF FUNDS FOR OKLAHOMA CITY NATIONAL MEMORIAL ENDOWMENT FUND Section 7 1 of the Oklahoma City National Memorial Act of 1997 16 U S C 450ss–5 1 is amended by striking ‘‘there is hereby authorized’’ and inserting ‘‘the Secretary may provide from the National Park Service’s National Recreation and Preservation account the remainder of’’ SEC 9502 WORKFORCE ISSUES FOR MILITARY REALIGNMENTS IN THE PACIFIC Section 6 b 1 B i of the Joint Resolution entitled ‘‘A Joint Resolution to approve the ‘Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America’ and for other purposes’’ approved March 24 1976 48 U S C 1806 b 1 B i is amended— 1 by striking ‘‘contact’’ and inserting ‘‘contract’’ 2 by inserting ‘‘supporting ’’ after ‘‘connected to ’’ 3 by striking ‘‘or’’ before ‘‘associated with’’ 4 by inserting ‘‘or adversely affected by’’ after ‘‘associated with ’’ and 5 by inserting ‘‘ with priority given to federally funded military projects’’ after ‘‘and in the Commonwealth’’ SEC 9503 AFFIRMATION OF AUTHORITY FOR NON-OIL AND GAS OPERATIONS ON THE OUTER CONTINENTAL SHELF Section 4 a 1 of the Outer Continental Shelf Lands Act 43 U S C 1333 a 1 is amended to read as follows ‘‘ 1 JURISDICTION OF THE UNITED STATES ON THE OUTER CONTINENTAL SHELF — ‘‘ A IN GENERAL —The Constitution and laws and civil and political jurisdiction of the United States are extended to the same extent as if the outer Continental Shelf were H R 6395—1436 an area of exclusive Federal jurisdiction located within a State to— ‘‘ i the subsoil and seabed of the outer Continental Shelf ‘‘ ii all artificial islands on the outer Continental Shelf ‘‘ iii installations and other devices permanently or temporarily attached to the seabed which may be erected thereon for the purpose of exploring for developing or producing resources including non-mineral energy resources or ‘‘ iv any such installation or other device other than a ship or vessel for the purpose of transporting or transmitting such resources ‘‘ B LEASES ISSUED EXCLUSIVELY UNDER THIS ACT — Mineral or energy leases on the outer Continental Shelf shall be maintained or issued only under the provisions of this Act ’’ 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 SEC 9601 INVENTORY OF PROGRAM ACTIVITIES OF FEDERAL AGENCIES a INVENTORY OF GOVERNMENT PROGRAMS —Section 1122 a of title 31 United States Code is amended— 1 by redesignating paragraphs 1 and 2 as paragraphs 2 and 3 respectively 2 by inserting before paragraph 2 as so redesignated the following ‘‘ 1 DEFINITIONS —For purposes of this subsection— ‘‘ A the term ‘Federal financial assistance’ has the meaning given that term under section 7501 ‘‘ B the term ‘open Government data asset’ has the meaning given that term under section 3502 of title 44 ‘‘ C the term ‘program’ means a single program activity or an organized set of aggregated disaggregated or consolidated program activities by one or more agencies directed toward a common purpose or goal and ‘‘ D the term ‘program activity’ has the meaning given that term in section 1115 h ’’ 3 in paragraph 2 as so redesignated— A by striking ‘‘IN GENERAL —Not later than October 1 2012 the Office of Management and Budget shall’’ and inserting ‘‘WEBSITE AND PROGRAM INVENTORY —The Director of the Office of Management and Budget shall’’ B in subparagraph A by inserting ‘‘that includes the information required under subsections b and c ’’ after ‘‘a single website’’ and C by striking subparagraphs B and C and inserting the following ‘‘ B include on the website described in subparagraph A or another appropriate Federal Government website H R 6395—1437 where related information is made available as determined by the Director— ‘‘ i a program inventory that shall identify each program and ‘‘ ii for each program identified in the program inventory the information required under paragraph 3 ‘‘ C make the information in the program inventory required under subparagraph B available as an open Government data asset and ‘‘ D at a minimum— ‘‘ i update the information required to be included on the single website under subparagraph A on a quarterly basis and ‘‘ ii update the program inventory required under subparagraph B on an annual basis ’’ 4 in paragraph 3 as so redesignated— A in the matter preceding subparagraph A by striking ‘‘described under paragraph 1 shall include’’ and inserting ‘‘identified in the program inventory required under paragraph 2 B shall include’’ B in subparagraph B by striking ‘‘and’’ at the end C in subparagraph C by striking the period at the end and inserting ‘‘and ’’ and D by adding at the end the following ‘‘ D for each program activity that is part of a program— ‘‘ i a description of the purposes of the program activity and the contribution of the program activity to the mission and goals of the agency ‘‘ ii a consolidated view for the current fiscal year and each of the 2 fiscal years before the current fiscal year of— ‘‘ I the amount appropriated ‘‘ II the amount obligated and ‘‘ III the amount outlayed ‘‘ iii to the extent practicable and permitted by law links to any related evaluation assessment or program performance review by the agency an inspector general or the Government Accountability Office including program performance reports required under section 1116 and other related evidence assembled in response to implementation of the Foundations for Evidence-Based Policymaking Act of 2018 Public Law 115–435 132 Stat 5529 ‘‘ iv an identification of the statutes that authorize the program activity or the authority under which the program activity was created or operates ‘‘ v an identification of any major regulations specific to the program activity ‘‘ vi any other information that the Director of the Office of Management and Budget determines relevant relating to program activity data in priority areas most relevant to Congress or the public to increase transparency and accountability and ‘‘ vii for each assistance listing under which Federal financial assistance is provided for the current H R 6395—1438 fiscal year and each of the 2 fiscal years before the current fiscal year and consistent with existing law relating to the protection of personally identifiable information— ‘‘ I a linkage to the relevant program activities that fund Federal financial assistance by assistance listing ‘‘ II information on the population intended to be served by the assistance listing based on the language of the solicitation as required under section 6102 ‘‘ III to the extent practicable and based on data reported to the agency providing the Federal financial assistance the results of the Federal financial assistance awards provided by the assistance listing ‘‘ IV to the extent practicable the percentage of the amount appropriated for the assistance listing that is used for management and administration ‘‘ V the identification of each award of Federal financial assistance and to the extent practicable the name of each direct or indirect recipient of the award and ‘‘ VI any information relating to the award of Federal financial assistance that is required to be included on the website established under section 2 b of the Federal Funding Accountability and Transparency Act of 2006 31 U S C 6101 note ’’ and 5 by adding at the end the following ‘‘ 4 ARCHIVING —The Director of the Office of Management and Budget shall— ‘‘ A archive and preserve the information included in the program inventory required under paragraph 2 B after the end of the period during which such information is made available under paragraph 3 and ‘‘ B make information archived in accordance with subparagraph A publicly available as an open Government data asset ’’ b GUIDANCE IMPLEMENTATION REPORTING AND REVIEW — 1 DEFINITIONS —In this subsection— A the term ‘‘appropriate congressional committees’’ means the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate B the term ‘‘Director’’ means the Director of the Office of Management and Budget C the term ‘‘program’’ has the meaning given that term in section 1122 a 1 of title 31 United States Code as amended by subsection a of this section D the term ‘‘program activity’’ has the meaning given that term in section 1115 h of title 31 United States Code and E the term ‘‘Secretary’’ means the Secretary of the Treasury H R 6395—1439 2 PLAN FOR IMPLEMENTATION AND RECONCILING PROGRAM DEFINITIONS —Not later than 180 days after the date of enactment of this Act the Director in consultation with the Secretary shall submit to the appropriate congressional committees a report that— A includes a plan that— i discusses how making available on a website the information required under subsection a of section 1122 of title 31 United States Code as amended by subsection a will leverage existing data sources while avoiding duplicative or overlapping information in presenting information relating to program activities and programs ii indicates how any gaps in data will be assessed and addressed iii indicates how the Director will display such data and iv discusses how the Director will expand the information collected with respect to program activities to incorporate the information required under the amendments made by subsection a B sets forth details regarding a pilot program developed in accordance with best practices for effective pilot programs— i to develop and implement a functional program inventory that could be limited in scope and ii under which the information required under the amendments made by subsection a with respect to program activities shall be made available on the website required under section 1122 a of title 31 United States Code C establishes an implementation timeline for— i gathering and building program activity information ii developing and implementing the pilot program iii seeking and responding to stakeholder comments iv developing and presenting findings from the pilot program to the appropriate congressional committees v notifying the appropriate congressional committees regarding how program activities will be aggregated disaggregated or consolidated as part of identifying programs and vi implementing a Governmentwide program inventory through an iterative approach and D includes recommendations if any to reconcile the conflicting definitions of the term ‘‘program’’ in relevant Federal statutes as it relates to the purpose of this section 3 IMPLEMENTATION — A IN GENERAL —Not later than 3 years after the date of enactment of this Act the Director shall make available online all information required under the amendments made by subsection a with respect to all programs B EXTENSIONS —The Director may based on an analysis of the costs of implementation and after submitting H R 6395—1440 to the appropriate congressional committees a notification of the action by the Director extend the deadline for implementation under subparagraph A by not more than a total of 1 year 4 REPORTING —Not later than 2 years after the date on which the Director makes available online all information required under the amendments made by subsection a with respect to all programs the Comptroller General of the United States shall submit to the appropriate congressional committees a report regarding the implementation of this section and the amendments made by this section which shall— A review how the Director and agencies determined how to aggregate disaggregate or consolidate program activities to provide the most useful information for an inventory of Government programs B evaluate the extent to which the program inventory required under section 1122 of title 31 United States Code as amended by this section provides useful information for transparency decision-making and oversight C evaluate the extent to which the program inventory provides a coherent picture of the scope of Federal investments in particular areas and D include the recommendations of the Comptroller General if any for improving implementation of this section and the amendments made by this section c TECHNICAL AND CONFORMING AMENDMENTS — 1 IN GENERAL —Section 1122 of title 31 United States Code is amended— A in subsection b in the matter preceding paragraph 1 by inserting ‘‘described in subsection a 2 A ’’ after ‘‘the website’’ each place it appears B in subsection c in the matter preceding paragraph 1 by inserting ‘‘described in subsection a 2 A ’’ after ‘‘the website’’ and C in subsection d — i in the subsection heading by striking ‘‘ON WEBSITE’’ and ii in the first sentence by striking ‘‘on the website’’ 2 OTHER AMENDMENTS — A Section 1115 a of title 31 United States Code is amended in the matter preceding paragraph 1 by striking ‘‘the website provided under’’ and inserting ‘‘a website described in’’ B Section 10 of the GPRA Modernization Act of 2010 31 U S C 1115 note is amended— i in subsection a 3 by striking ‘‘the website described under’’ and inserting ‘‘a website described in’’ and ii in subsection b — I in paragraph 1 by striking ‘‘the website described under’’ and inserting ‘‘a website described in’’ and II in paragraph 3 by striking ‘‘the website as required under’’ and inserting ‘‘a website described in’’ H R 6395—1441 C Section 1120 a 5 of title 31 United States Code is amended by striking ‘‘the website described under’’ and inserting ‘‘a website described in’’ D Section 1126 b 2 E of title 31 United States Code is amended by striking ‘‘the website of the Office of Management and Budget pursuant to’’ and inserting ‘‘a website described in’’ E Section 3512 a 1 of title 31 United States Code is amended by striking ‘‘the website described under’’ and inserting ‘‘a website described in’’ SEC 9602 PRESERVATION OF ELECTRONIC MESSAGES AND OTHER RECORDS a SHORT TITLE —This section may be cited as the ‘‘Electronic Message Preservation Act’’ b PRESERVATION OF ELECTRONIC MESSAGES AND OTHER RECORDS — 1 REQUIREMENT FOR PRESERVATION OF ELECTRONIC MESSAGES —Chapter 29 of title 44 United States Code is amended by adding at the end the following new section ‘‘§ 2912 Preservation of electronic messages and other records ‘‘ a REGULATIONS REQUIRED —The Archivist shall promulgate regulations governing Federal agency preservation of electronic messages that are determined to be records Such regulations shall at a minimum— ‘‘ 1 require the electronic capture management and preservation of such electronic records in accordance with the records disposition requirements of chapter 33 ‘‘ 2 require that such electronic records are readily accessible for retrieval through electronic searches and ‘‘ 3 include timelines for Federal agency implementation of the regulations that ensure compliance as expeditiously as practicable ‘‘ b COVERAGE OF OTHER ELECTRONIC RECORDS —To the extent practicable the regulations promulgated under subsection a shall also include requirements for the capture management and preservation of other electronic records ‘‘ c REVIEW OF REGULATIONS REQUIRED —The Archivist shall periodically review and as necessary amend the regulations promulgated under subsection a ’’ 2 DEADLINE FOR REGULATIONS —Not later than one year after the date of the enactment of this Act the Archivist shall propose the regulations required under section 2912 a of title 44 United States Code as added by paragraph 1 3 REPORTS ON IMPLEMENTATION OF REGULATIONS — A AGENCY REPORT TO ARCHIVIST —Not later than two years after the date of the enactment of this Act the head of each Federal agency shall submit to the Archivist a report on the agency’s compliance with the regulations promulgated under section 2912 of title 44 United States Code as added by paragraph 1 and shall make the report publicly available on the website of the agency B ARCHIVIST REPORT TO CONGRESS —Not later than 90 days after receipt of all reports required by subparagraph A the Archivist shall submit to the Committee H R 6395—1442 on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on Federal agency compliance with the regulations promulgated under section 2912 a of title 44 United States Code as added by paragraph 1 and shall make the report publicly available on the website of the agency C FEDERAL AGENCY DEFINED —In this subsection the term ‘‘Federal agency’’ has the meaning given that term in section 2901 of title 44 United States Code 4 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 29 of title 44 United States Code is amended by adding after the item relating to section 2911 the following new item ‘‘2912 Preservation of electronic messages and other records ’’ 5 DEFINITIONS —Section 2901 of title 44 United States Code is amended— A by striking ‘‘and’’ at the end of paragraph 14 and B by striking paragraph 15 and inserting the following new paragraphs ‘‘ 15 the term ‘electronic messages’ means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals and ‘‘ 16 the term ‘electronic records management system’ means software designed to manage electronic records including by— ‘‘ A categorizing and locating records ‘‘ B ensuring that records are retained as long as necessary ‘‘ C identifying records that are due for disposition and ‘‘ D ensuring the storage retrieval and disposition of records ’’ SEC 9603 CONTINUITY OF THE ECONOMY PLAN a REQUIREMENT — 1 IN GENERAL —The President shall develop and maintain a plan to maintain and restore the economy of the United States in response to a significant event 2 PRINCIPLES —The plan required under paragraph 1 shall— A be consistent with— i a free market economy and ii the rule of law and B respect private property rights 3 CONTENTS —The plan required under paragraph 1 shall— A examine the distribution of goods and services across the United States necessary for the reliable functioning of the United States during a significant event B identify the economic functions of relevant actors the disruption corruption or dysfunction of which would have a debilitating effect in the United States on— i security ii economic security iii defense readiness or H R 6395—1443 iv public health or safety C identify the critical distribution mechanisms for each economic sector that should be prioritized for operation during a significant event including— i bulk power and electric transmission systems ii national and international financial systems including wholesale payments stocks and currency exchanges iii national and international communications networks data-hosting services and cloud services iv interstate oil and natural gas pipelines and v mechanisms for the interstate and international trade and distribution of materials food and medical supplies including road rail air and maritime shipping D identify economic functions of relevant actors the disruption corruption or dysfunction of which would cause— i catastrophic economic loss ii the loss of public confidence or iii the widespread imperilment of human life E identify the economic functions of relevant actors that are so vital to the economy of the United States that the disruption corruption or dysfunction of those economic functions would undermine response recovery or mobilization efforts during a significant event F incorporate to the greatest extent practicable the principles and practices contained within Federal plans for the continuity of Government and continuity of operations G identify— i industrial control networks for which a loss of internet connectivity a loss of network integrity or availability an exploitation of a system connected to the network or another failure disruption corruption or dysfunction would have a debilitating effect in the United States on— I security II economic security III defense readiness or IV public health or safety and ii for each industrial control network identified under clause i risk mitigation measures including— I the installation of parallel services II the use of stand-alone analog services or III the significant hardening of the industrial control network against failure disruption corruption or dysfunction H identify critical economic sectors for which the preservation of data in a protected verified and uncorrupted status would be required for the quick recovery of the economy of the United States in the face of a significant disruption following a significant event I include a list of raw materials industrial goods and other items the absence of which would significantly undermine the ability of the United States to sustain the functions described in subparagraphs B D and E H R 6395—1444 J provide an analysis of supply chain diversification for the items described in subparagraph I in the event of a disruption caused by a significant event K include— i a recommendation as to whether the United States should maintain a strategic reserve of 1 or more of the items described in subparagraph I and ii for each item described in subparagraph I for which the President recommends maintaining a strategic reserve under clause i an identification of mechanisms for tracking inventory and availability of the item in the strategic reserve L identify mechanisms in existence on the date of enactment of this Act and mechanisms that can be developed to ensure that the swift transport and delivery of the items described in subparagraph I is feasible in the event of a distribution network disturbance or degradation including a distribution network disturbance or degradation caused by a significant event M include guidance for determining the prioritization for the distribution of the items described in subparagraph I including distribution to States and Indian Tribes N consider the advisability and feasibility of mechanisms for extending the credit of the United States or providing other financial support authorized by law to key participants in the economy of the United States if the extension or provision of other financial support— i is necessary to avoid severe economic degradation or ii allows for the recovery from a significant event O include guidance for determining categories of employees that should be prioritized to continue to work in order to sustain the functions described in subparagraphs B D and E in the event that there are limitations on the ability of individuals to travel to workplaces or to work remotely including considerations for defense readiness P identify critical economic sectors necessary to provide material and operational support to the defense of the United States Q determine whether the Secretary of Homeland Security the National Guard and the Secretary of Defense have adequate authority to assist the United States in a recovery from a severe economic degradation caused by a significant event R review and assess the authority and capability of heads of other agencies that the President determines necessary to assist the United States in a recovery from a severe economic degradation caused by a significant event and S consider any other matter that would aid in protecting and increasing the resilience of the economy of the United States from a significant event b COORDINATION —In developing the plan required under subsection a 1 the President shall— 1 receive advice from— A the Secretary of Homeland Security H R 6395—1445 B the Secretary of Defense C the Secretary of the Treasury D the Secretary of Health and Human Services E the Secretary of Commerce F the Secretary of Transportation G the Secretary of Energy H the Administrator of the Small Business Administration and I the head of any other agency that the President determines necessary to complete the plan 2 consult with economic sectors relating to critical infrastructure through sector-coordinated councils as appropriate 3 consult with relevant State Tribal and local governments and organizations that represent those governments and 4 consult with any other non-Federal entity that the President determines necessary to complete the plan c SUBMISSION TO CONGRESS — 1 IN GENERAL —Not later than 2 years after the date of enactment of this Act and not less frequently than every 3 years thereafter the President shall submit the plan required under subsection a 1 and the information described in paragraph 2 to— A the majority and minority leaders of the Senate B the Speaker and the minority leader of the House of Representatives C the Committee on Armed Services of the Senate D the Committee on Armed Services of the House of Representatives E the Committee on Homeland Security and Governmental Affairs of the Senate F the Committee on Homeland Security of the House of Representatives G the Committee on Health Education Labor and Pensions of the Senate H the Committee on Commerce Science and Transportation of the Senate I the Committee on Energy and Commerce of the House of Representatives J the Committee on Banking Housing and Urban Affairs of the Senate K the Committee on Finance of the Senate L the Committee on Financial Services of the House of Representatives M the Committee on Small Business and Entrepreneurship of the Senate N the Committee on Small Business of the House of Representatives O the Committee on Energy and Natural Resources of the Senate P the Committee on Environment and Public Works of the Senate Q the Committee on Indian Affairs of the Senate R the Committee on Oversight and Reform of the House of Representatives S Committee on the Budget of the House of Representatives and H R 6395—1446 T any other committee of the Senate or the House of Representatives that has jurisdiction over the subject of the plan 2 ADDITIONAL INFORMATION —The information described in this paragraph is— A any change to Federal law that would be necessary to carry out the plan required under subsection a 1 and B any proposed changes to the funding levels provided in appropriation Acts for the most recent fiscal year that can be implemented in future appropriation Acts or additional resources necessary to— i implement the plan required under subsection a 1 or ii maintain any program offices and personnel necessary to— I maintain the plan required under subsection a 1 and the plans described in subsection a 3 F and II conduct exercises assessments and updates to the plans described in subclause I over time 3 BUDGET OF THE PRESIDENT —The President may include the information described in paragraph 2 B in the budget required to be submitted by the President under section 1105 a of title 31 United States Code d DEFINITIONS —In this section 1 The term ‘‘agency’’ has the meaning given the term in section 551 of title 5 United States Code 2 The term ‘‘economic sector’’ means a sector of the economy of the United States 3 The term ‘‘relevant actor’’ means— A the Federal Government B a State local or Tribal government or C the private sector 4 The term ‘‘significant event’’ means an event that causes severe degradation to economic activity in the United States due to— A a cyber attack or B another significant event that is natural or humancaused 5 The term ‘‘State’’ means any State of the United States the District of Columbia the Commonwealth of Puerto Rico the Virgin Islands Guam American Samoa the Commonwealth of the Northern Mariana Islands and any possession of the United States 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 H R 6395—1447 Sec Sec Sec Sec 9711 9712 9713 9714 Subtitle B—Combating Russian Money Laundering Short title Statement of policy Sense of Congress Determination with respect to primary money laundering concern of Russian illicit finance Sec Sec Sec Sec 9721 9722 9723 9724 Subtitle C—Other Matters Certified notice at completion of an assessment Ensuring Chinese debt transparency Accountability for World Bank Loans to China Fairness for Taiwan nationals regarding employment at international financial institutions Subtitle A—Kleptocracy Asset Recovery Rewards Act SEC 9701 SHORT TITLE The subtitle may be cited as the ‘‘Kleptocracy Asset Recovery Rewards Act’’ SEC 9702 SENSE OF CONGRESS It is the sense of Congress that a stolen asset recovery rewards program to help identify and recover stolen assets linked to foreign government corruption and the proceeds of such corruption hidden behind complex financial structures is needed in order to— 1 intensify the global fight against corruption and 2 serve United States efforts to identify and recover such stolen assets forfeit proceeds of such corruption and where appropriate and feasible return the stolen assets or proceeds thereof to the country harmed by the acts of corruption SEC 9703 DEPARTMENT OF THE TREASURY KLEPTOCRACY ASSET RECOVERY REWARDS PILOT PROGRAM a ESTABLISHMENT — 1 IN GENERAL —There is established in the Department of the Treasury a program to be known as the ‘‘Kleptocracy Asset Recovery Rewards Pilot Program’’ for the payment of rewards to carry out the purposes of this section 2 PURPOSE —The rewards program shall be designed to support U S Government programs and investigations aimed at restraining seizing forfeiting or repatriating stolen assets linked to foreign government corruption and the proceeds of such corruption 3 IMPLEMENTATION —The rewards program shall be administered by the Secretary of the Treasury with the concurrence of the Secretary of State and the Attorney General and in consultation as appropriate with the heads of such other departments and agencies as the Secretary may find appropriate b REWARDS AUTHORIZED —The Secretary of the Treasury may with the concurrence of the Secretary of State and the Attorney General and in consultation as appropriate with the heads of other relevant Federal departments and agencies pay a reward to any individual if that individual furnishes information leading to— 1 the restraining or seizure of stolen assets in an account at a U S financial institution including a U S branch of a H R 6395—1448 foreign financial institution that come within the United States or that come within the possession or control of any United States person 2 the forfeiture of stolen assets in an account at a U S financial institution including a U S branch of a foreign financial institution that come within the United States or that come within the possession or control of any United States person or 3 where appropriate the repatriation of stolen assets in an account at a U S financial institution including a U S branch of a foreign financial institution that come within the United States or that come within the possession or control of any United States person c PROCEDURES —To ensure that the payment of rewards pursuant to this section does not duplicate or interfere with any other payment authorized by the Department of Justice or other Federal agencies for the obtaining of information or other evidence the Secretary of the Treasury in consultation with the Secretary of State the Attorney General and the heads of such other agencies as the Secretary may find appropriate shall establish procedures for the offering administration and payment of rewards under this section including procedures for— 1 identifying actions with respect to which rewards will be offered 2 the receipt and analysis of data and 3 the payment of rewards and approval of such payments d PAYMENT OF REWARDS — 1 AUTHORIZATION OF APPROPRIATIONS —For the purpose of paying rewards pursuant to this section there is authorized to be appropriated— A $450 000 for fiscal year 2021 and B for each fiscal year any amount not to exceed the amount recovered during the fiscal year in stolen assets described under subsection b that the Secretary determines is necessary to carry out this program consistent with this section 2 LIMITATION ON ANNUAL PAYMENTS —Except as provided under paragraph 3 the total amount of rewards paid pursuant to this section may not exceed $25 million in any calendar year 3 PRESIDENTIAL AUTHORITY —The President may waive the limitation under paragraph 2 with respect to a calendar year if the President provides written notice of such waiver to the appropriate committees of the Congress at least 30 days before any payment in excess of such limitation is made pursuant to this section 4 PRIORITY OF PAYMENTS —In paying any reward under this section the Secretary shall to the extent possible make such reward payment— A first from appropriated funds authorized under paragraph 1 A and B second from appropriated funds authorized under paragraph 1 B e LIMITATIONS — H R 6395—1449 1 SUBMISSION OF INFORMATION —No award may be made under this section based on information submitted to the Secretary unless such information is submitted under penalty of perjury 2 MAXIMUM AMOUNT —No reward paid under this section may exceed $5 million unless the Secretary— A personally authorizes such greater amount in writing B determines that offer or payment of a reward of a greater amount is necessary due to the exceptional nature of the case and C notifies the appropriate committees of the Congress of such determination 3 APPROVAL — A IN GENERAL —No reward amount may be paid under this section without the written approval of the Secretary with the concurrence of the Secretary of State and the Attorney General B DELEGATION —The Secretary may not delegate the approval required under subparagraph A to anyone other than an Under Secretary of the Department of the Treasury 4 PROTECTION MEASURES —If the Secretary determines that the identity of the recipient of a reward or of the members of the recipient’s immediate family must be protected the Secretary shall consistent with applicable law take such measures in connection with the payment of the reward as the Secretary considers necessary to effect such protection 5 FORMS OF REWARD PAYMENT —The Secretary may make a reward under this section in the form of a monetary payment f INELIGIBILITY REDUCTION IN OR DENIAL OF REWARD — 1 OFFICER AND EMPLOYEES —An officer or employee of any entity of Federal State or local government or of a foreign government who while in the performance of official duties furnishes information described under subsection b shall not be eligible for a reward under this section 2 PARTICIPATING INDIVIDUALS —If the claim for a reward is brought by an individual who the Secretary has a reasonable basis to believe knowingly planned initiated directly participated in or facilitated the actions that led to assets of a foreign state or governmental entity being stolen misappropriated or illegally diverted or to the payment of bribes or other foreign governmental corruption the Secretary shall appropriately reduce and may deny such award If such individual is convicted of criminal conduct arising from the role described in the preceding sentence the Secretary shall deny or may seek to recover any reward as the case may be g REPORT — 1 IN GENERAL —Within 180 days of the enactment of this section and annually thereafter for 3 years the Secretary shall issue a report to the appropriate committees of the Congress— A detailing to the greatest extent possible the amount location and ownership or beneficial ownership of any stolen assets that on or after the date of the enactment of this section come within the United States or H R 6395—1450 that come within the possession or control of any United States person B discussing efforts being undertaken to identify more such stolen assets and their owners or beneficial owners and C including a discussion of the interactions of the Department of the Treasury with the international financial institutions as defined in section 1701 c 2 of the International Financial Institutions Act to identify the amount location and ownership or beneficial ownership of stolen assets held in financial institutions outside the United States 2 EXCEPTION —The report issued under paragraph 1 shall not include information related to ongoing investigations or information related to closed investigations that would reveal identities of individuals not charged with a criminal offense would reveal identities of investigative sources or methods would reveal identities of witnesses would compromise subsequent investigations or the disclosure of which is otherwise prohibited by law the Federal Rules of Criminal Procedure regulation or court order h REPORT ON DISPOSITION OF RECOVERED ASSETS —Within 360 days of the enactment of this Act the Secretary of the Treasury with the concurrence of the Secretary of State and the Attorney General shall issue a report to the appropriate committees of Congress describing policy choices and recommendations for disposition of stolen assets recovered pursuant to this section i SUNSET OF PILOT PROGRAM —The authorities under this section as well as the program established pursuant to this section shall terminate three years after the date of the enactment of this Act j DEFINITIONS —For purposes of this section 1 APPROPRIATE COMMITTEES OF THE CONGRESS —The term ‘‘appropriate committees of the Congress’’ means the Committee on Financial Services of the House of Representatives the Committee on Banking Housing and Urban Affairs of the Senate the Committee on the Judiciary of the House of Representatives the Committee on the Judiciary of the Senate the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate 2 FINANCIAL ASSET —The term ‘financial asset’ means any funds investments or ownership interests as defined by the Secretary that on or after the date of the enactment of this section come within the United States or that come within the possession or control of any United States person 3 FOREIGN GOVERNMENT CORRUPTION —The term ‘‘foreign government corruption’’ means corruption as defined by the United Nations Convention Against Corruption 4 FOREIGN PUBLIC OFFICIAL —The term ‘‘foreign public official’’ includes any person who occupies a public office by virtue of having been elected appointed or employed including any military civilian special honorary temporary or uncompensated official 5 IMMEDIATE FAMILY MEMBER —The term ‘‘immediate family member’’ with respect to an individual has the meaning given the term ‘‘member of the immediate family’’ under section H R 6395—1451 36 k of the State Department Basic Authorities Act of 1956 22 U S C 2708 k 6 REWARDS PROGRAM —The term ‘‘rewards program’’ means the program established in subsection a 1 of this section 7 SECRETARY —The term ‘‘Secretary’’ means the Secretary of the Treasury 8 STOLEN ASSETS —The term ‘‘stolen assets’’ means financial assets within the jurisdiction of the United States constituting derived from or traceable to any proceeds obtained directly or indirectly from foreign government corruption Subtitle B—Combating Russian Money Laundering SEC 9711 SHORT TITLE This subtitle may be cited as the ‘‘Combating Russian Money Laundering Act’’ SEC 9712 STATEMENT OF POLICY It is the policy of the United States to— 1 protect the United States financial sector from abuse by malign actors and 2 use all available financial tools to counter adversaries SEC 9713 SENSE OF CONGRESS It is the sense of Congress that— 1 the efforts of the Government of the Russian Federation Russian state-owned enterprises and Russian oligarchs to move and disguise the source ownership location or control of illicit funds or value constitute money laundering 2 such money laundering efforts could assist in the Russian Government’s ongoing political and economic influence and destabilization operations which in turn could affect United States and European democracy national security and rule of law 3 the Secretary of the Treasury should determine whether Russia and the financial institutions through which the Russian Government political leaders state-owned enterprises and oligarchs launder money are of primary money laundering concern and 4 the Secretary of the Treasury should consider the need for financial institutions and other obligated entities to apply enhanced due diligence measures to transactions with the Russian Government political leaders state-owned enterprises and financial institutions SEC 9714 DETERMINATION WITH RESPECT TO PRIMARY MONEY LAUNDERING CONCERN OF RUSSIAN ILLICIT FINANCE a DETERMINATION —If the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or more financial institutions operating outside of the United States or 1 or more classes of transactions within or involving a jurisdiction outside of the United States or 1 or more types of accounts within or involving a jurisdiction outside of the United States is of primary money laundering concern in connection with Russian H R 6395—1452 illicit finance the Secretary of the Treasury may by order regulation or otherwise as permitted by law— 1 require domestic financial institutions and domestic financial agencies to take 1 or more of the special measures described in section 5318A b of title 31 United States Code or 2 prohibit or impose conditions upon certain transmittals of funds to be defined by the Secretary by any domestic financial institution or domestic financial agency if such transmittal of funds involves any such institution class of transaction or type of account b REPORT REQUIRED — 1 IN GENERAL —Not later than 1 year after the date of enactment of this Act the Secretary of the Treasury shall submit to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking Housing and Urban Affairs and Foreign Relations of the Senate a report that shall identify any additional regulations statutory changes enhanced due diligence and reporting requirements that are necessary to better identify prevent and combat money laundering linked to Russia including related to— A identifying the beneficial ownership of anonymous companies B strengthening current or enacting new reporting requirements and customer due diligence requirements for the real estate sector law firms and other trust and corporate service providers C enhanced know-your-customer procedures and screening for transactions involving Russian political leaders Russian state-owned enterprises and known Russian transnational organized crime figures and D establishing a permanent solution to collecting information nationwide to track ownership of real estate 2 FORMAT —The report required under this subsection shall be made available to the public including on the website of the Department of the Treasury but may contain a classified annex and be accompanied by a classified briefing c SENSE OF CONGRESS ON INTERNATIONAL COOPERATION — It is the sense of the Congress that the Secretary of the Treasury and other relevant cabinet members such as the Secretary of State Secretary of Homeland Security and Attorney General should work jointly with European E U and U K financial intelligence units trade transparency units and appropriate law enforcement authorities to present both in the report required under subsection b and in future analysis of suspicious transaction reports cash transaction reports currency and monetary instrument reports and other relevant data to identify trends and assess risks in the movement of illicit funds from Russia through the United States British and European financial systems Subtitle C—Other Matters SEC 9721 CERTIFIED NOTICE AT COMPLETION OF AN ASSESSMENT a IN GENERAL —Section 721 b 3 of the Defense Production Act of 1950 50 U S C 4565 b 3 is amended— H R 6395—1453 1 in subparagraph A — A in the heading by adding ‘‘OR ASSESSMENT’’ at the end and B by striking ‘‘subsection b that concludes action under this section’’ and inserting ‘‘this subsection that concludes action under this section or upon the Committee making a notification under paragraph 1 C v III aa DD ’’ and 2 in subparagraph C i — A in subclause I by striking ‘‘and’’ at the end B in subclause II by striking the period at the end and inserting ‘‘ and’’ and C by adding at the end the following ‘‘ III whether the transaction is described under clause i ii iii iv or v of subsection a 4 B ’’ b TECHNICAL CORRECTIONS — 1 IN GENERAL —Section 1727 a of the Foreign Investment Risk Review Modernization Act of 2018 Public Law 115–232 is amended— A in paragraph 3 by striking ‘‘ 4 C v ’’ and inserting ‘‘ 4 F ’’ and B in paragraph 4 by striking ‘‘subparagraph B ’’ and inserting ‘‘subparagraph C ’’ 2 EFFECTIVE DATE —The amendments under paragraph 1 shall take effect on the date of enactment of the Foreign Investment Risk Review Modernization Act of 2018 SEC 9722 ENSURING CHINESE DEBT TRANSPARENCY a UNITED STATES POLICY AT THE INTERNATIONAL FINANCIAL INSTITUTIONS —The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution as defined in section 1701 c 2 of the International Financial Institutions Act that it is the policy of the United States to use the voice and vote of the United States at the respective institution to seek to secure greater transparency with respect to the terms and conditions of financing provided by the government of the People’s Republic of China to any member state of the respective institution that is a recipient of financing from the institution consistent with the rules and principles of the Paris Club b REPORT REQUIRED —The Chairman of the National Advisory Council on International Monetary and Financial Policies shall include in the annual report required by section 1701 of the International Financial Institutions Act— 1 a description of progress made toward advancing the policy described in subsection a of this section and 2 a discussion of financing provided by entities owned or controlled by the government of the People’s Republic of China to the member states of international financial institutions that receive financing from the international financial institutions including any efforts or recommendations by the Chairman to seek greater transparency with respect to the former financing c SUNSET —Subsections a and b of this section shall have no force or effect after the earlier of— H R 6395—1454 1 the date that is 7 years after the date of the enactment of this Act or 2 30 days after the date that the Secretary reports to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the People’s Republic of China is in substantial compliance with the rules and principles of the Paris Club SEC 9723 ACCOUNTABILITY FOR WORLD BANK LOANS TO CHINA a UNITED STATES SUPPORT FOR GRADUATION OF CHINA FROM WORLD BANK ASSISTANCE — 1 IN GENERAL —The United States Governor of the International Bank for Reconstruction and Development in this section referred to as the ‘‘IBRD’’ shall instruct the United States Executive Director at the IBRD that it is the policy of the United States to— A pursue the expeditious graduation of the People’s Republic of China from assistance by the IBRD consistent with the lending criteria of the IBRD and B until the graduation of China from IBRD assistance prioritize projects in China that contribute to global public goods to the extent practicable 2 SUNSET —Paragraph 1 shall have no force or effect on or after the earlier of— A the date that is 7 years after the date of the enactment of this Act or B the date that the Secretary of the Treasury reports to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that termination of paragraph 1 is important to the national interest of the United States with a detailed explanation of the reasons therefor b ACCOUNTABILITY FOR WORLD BANK LOANS TO THE PEOPLE’S REPUBLIC OF CHINA — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the United States Governor of the IBRD shall submit the report described in paragraph 2 to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate 2 REPORT DESCRIBED —The report described in this paragraph shall include the following A A detailed description of the efforts of the United States Governor of the IBRD to enforce the timely graduation of countries from the IBRD with a particular focus on the efforts with regard to the People’s Republic of China B If the People’s Republic of China is a member country of the IBRD an explanation of any economic or political factors that have prevented the graduation of the People’s Republic of China from the IBRD C A discussion of any effects resulting from fungibility and IBRD lending to China including the potential for IBRD lending to allow for funding by the government of the People’s Republic of China of activities that may be inconsistent with the national interest of the United States D An action plan to help ensure that the People’s Republic of China graduates from the IBRD within 2 years H R 6395—1455 after submission of the report consistent with the lending eligibility criteria of the IBRD 3 WAIVER OF REQUIREMENT THAT REPORT INCLUDE ACTION PLAN —The Secretary of the Treasury may waive the requirement of paragraph 2 D on reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver is important to the national interest of the United States with a detailed explanation of the reasons therefor c ENSURING DEBT TRANSPARENCY WITH RESPECT TO THE BELT AND ROAD INITIATIVE —Within 180 days after the date of the enactment of this Act the Secretary of the Treasury shall in consultation with the Secretary of State submit to the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report which should be submitted in unclassified form but may include a classified annex that includes the following 1 An assessment of the level of indebtedness of countries receiving assistance through the Belt and Road Initiative that are also beneficiary countries of the international financial institutions including the level and nature of indebtedness to the People’s Republic of China or an entity owned or controlled by the government of the People’s Republic of China 2 An analysis of debt management assistance provided by the World Bank the International Monetary Fund and the Office of Technical Assistance of the Department of the Treasury to borrowing countries of the Belt and Road Initiative of the People’s Republic of China or any comparable initiative or successor initiative of China 3 An assessment of the effectiveness of United States efforts including bilateral efforts and multilateral efforts at the World Bank the International Monetary Fund other international financial institutions and international organizations to promote debt transparency SEC 9724 FAIRNESS FOR TAIWAN NATIONALS REGARDING EMPLOYMENT AT INTERNATIONAL FINANCIAL INSTITUTIONS a SENSE OF CONGRESS —It is the sense of Congress that— 1 Taiwan is responsible for remarkable achievements in economic and democratic development with its per capita gross domestic product rising in purchasing power parity terms from $3 470 in 1980 to more than $55 000 in 2018 2 the experience of Taiwan in creating a vibrant and advanced economy under democratic governance and the rule of law can inform the work of the international financial institutions including through the contributions and insights of Taiwan nationals and 3 Taiwan nationals who seek employment at the international financial institutions should not be held at a disadvantage in hiring because the economic success of Taiwan has rendered it ineligible for financial assistance from such institutions b IN GENERAL —The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution to use the voice and vote of the United States to seek to ensure that Taiwan nationals are not discriminated against H R 6395—1456 in any employment decision by the institution including employment through consulting or part-time opportunities on the basis of— 1 whether they are citizens or nationals of or holders of a passport issued by a member country of or a state or other jurisdiction that receives assistance from the international financial institution or 2 any other consideration that in the determination of the Secretary unfairly disadvantages Taiwan nationals with respect to employment at the institution c WAIVER AUTHORITY —The Secretary of the Treasury may waive subsection b for not more than 1 year at a time after reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that providing the waiver— 1 will substantially promote the objective of equitable treatment for Taiwan nationals at the international financial institutions or 2 is in the national interest of the United States with a detailed explanation of the reasons therefor d PROGRESS REPORT —The Chairman of the National Advisory Council on International Monetary and Financial Policies shall submit to the committees specified in subsection c an annual report in writing that describes the progress made toward advancing the policy described in subsection b and a summary of employment trends with respect to Taiwan nationals at the international financial institutions e INTERNATIONAL FINANCIAL INSTITUTION DEFINED —In this section the term ‘‘international financial institutions’’ has the meaning given the term in section 1701 c 2 of the International Financial Institutions Act 22 U S C 262r c 2 f SUNSET —The preceding provisions of this section shall have no force or effect beginning on the earlier of— 1 the date that is 7 years after the date of the enactment of this Act or 2 the date that the Secretary of the Treasury reports to the committees specified in subsection c that each international financial institution has adopted the policy described in subsection b TITLE XCIX—CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS FOR AMERICA Sec Sec Sec Sec 9901 9902 9903 9904 Sec 9905 Sec 9906 Sec 9907 Sec 9908 Definitions Semiconductor incentives Department of Defense Department of Commerce study on status of microelectronics technologies in the United States industrial base Funding for development and adoption of measurably secure semiconductors and measurably secure semiconductors supply chains Advanced microelectronics research and development Prohibition relating to foreign entities of concern Defense Production Act of 1950 efforts SEC 9901 DEFINITIONS In this title 1 The term ‘‘appropriate committees of Congress’’ means— H R 6395—1457 A the Select Committee on Intelligence the Committee on Energy and Natural Resources the Committee on Commerce Science and Transportation the Committee on Foreign Relations the Committee on Armed Services the Committee on Appropriations the Committee on Banking Housing and Urban Affairs the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate and B the Permanent Select committee on Intelligence the Committee on Energy and Commerce the Committee on Foreign Affairs the Committee on Armed Services the Committee on Science Space and Technology the Committee on Appropriations the Committee on Financial Services the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives 2 The term ‘‘covered entity’’ means a private entity a consortium of private entities or a consortium of public and private entities with a demonstrated ability to substantially finance construct expand or modernize a facility relating to fabrication assembly testing advanced packaging or research and development of semiconductors 3 The term ‘‘covered incentive’’ A means an incentive offered by a governmental entity to a covered entity for the purposes of constructing within the jurisdiction of the governmental entity or expanding or modernizing an existing facility within that jurisdiction a facility described in paragraph 2 and B a workforce-related incentive including a grant agreement relating to workforce training or vocational education any concession with respect to real property funding for research and development with respect to semiconductors and any other incentive determined appropriate by the Secretary in consultation with the Secretary of State 4 The term ‘‘person’’ includes an individual partnership association corporation organization or any other combination of individuals 5 The term ‘‘foreign entity’’— A means— i a government of a foreign country and a foreign political party ii a natural person who is not a lawful permanent resident of the United States citizen of the United States or any other protected individual as such term is defined in section 274B a 3 of the Immigration and Nationality Act 8 U S C 1324b a 3 or iii a partnership association corporation organization or other combination of persons organized under the laws of or having its principal place of business in a foreign country and B includes— i any person owned by controlled by or subject to the jurisdiction or direction of a an entity listed in subparagraph A H R 6395—1458 ii any person wherever located who acts as an agent representative or employee of an entity listed in subparagraph A iii any person who acts in any other capacity at the order request or under the direction or control of an entity listed in subparagraph A or of a person whose activities are directly or indirectly supervised directed controlled financed or subsidized in whole or in majority part by an entity listed in subparagraph A iv any person who directly or indirectly through any contract arrangement understanding relationship or otherwise owns 25 percent or more of the equity interests of an entity listed in subparagraph A v any person with significant responsibility to control manage or direct an entity listed in subparagraph A vi any person wherever located who is a citizen or resident of a country controlled by an entity listed in subparagraph A or vii any corporation partnership association or other organization organized under the laws of a country controlled by an entity listed in subparagraph A 6 The term ‘‘foreign entity of concern’’ means any foreign entity that is— A designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act 8 U S C 1189 B included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury C owned by controlled by or subject to the jurisdiction or direction of a government of a foreign country that is listed in section 2533c of title 10 United States Code or D alleged by the Attorney General to have been involved in activities for which a conviction was obtained under— i chapter 37 of title 18 United States Code commonly known as the ‘‘Espionage Act’’ 18 U S C 792 et seq ii section 951 or 1030 of title 18 United States Code iii chapter 90 of title 18 United States Code commonly known as the ‘‘Economic Espionage Act of 1996’’ iv the Arms Export Control Act 22 U S C 2751 et seq v sections 224 225 226 227 or 236 of the Atomic Energy Act of 1954 42 U S C 2274–2278 2284 vi the Export Control Reform Act of 2018 50 U S C 4801 et seq or vii the International Economic Emergency Powers Act 50 U S C 1701 et seq or H R 6395—1459 E determined by the Secretary in consultation with the Secretary of Defense and the Director of National Intelligence to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States under this Act 7 The term ‘‘governmental entity’’ means a State or local government 8 The term ‘‘Secretary’’ means the Secretary of Commerce 9 The term ‘‘semiconductor’’ has the meaning given that term by the Secretary SEC 9902 SEMICONDUCTOR INCENTIVES a FINANCIAL ASSISTANCE PROGRAM — 1 IN GENERAL —The Secretary shall establish in the Department of Commerce a program that in accordance with the requirements of this section and subject to the availability of appropriations for such purposes provides Federal financial assistance to covered entities to incentivize investment in facilities and equipment in the United States for semiconductor fabrication assembly testing advanced packaging or research and development 2 PROCEDURE — A IN GENERAL —A covered entity shall submit to the Secretary an application that describes the project for which the covered entity is seeking financial assistance under this section B ELIGIBILITY —In order for a covered entity to qualify for financial assistance under this section the covered entity shall demonstrate to the Secretary in the application submitted by the covered entity under subparagraph A that— i the covered entity has a documented interest in constructing expanding or modernizing a facility described in paragraph 1 and ii with respect to the project described in clause i the covered entity has— I been offered a covered incentive II made commitments to worker and community investment including through— aa training and education benefits paid by the covered entity and bb programs to expand employment opportunity for economically disadvantaged individuals and III secured commitments from regional educational and training entities and institutions of higher education to provide workforce training including programming for training and job placement of economically disadvantaged individuals and IV an executable plan to sustain the facility described in clause i without additional Federal financial assistance under this subsection for facility support C CONSIDERATIONS FOR REVIEW —With respect to the review by the Secretary of an application submitted by a covered entity under subparagraph A — H R 6395—1460 i the Secretary may not approve the application unless the Secretary— I confirms that the covered entity has satisfied the eligibility criteria under subparagraph B II determines that the project to which the application relates is in the interest of the United States and III has notified the appropriate committees of Congress not later than 15 days before making any commitment to provide a grant to any covered entity that exceeds $10 000 000 and ii the Secretary may consider whether— I the covered entity has previously received financial assistance made under this subsection II the governmental entity offering the applicable covered incentive has benefitted from financial assistance previously provided under this subsection III the covered entity has demonstrated that they are responsive to the national security needs or requirements established by the Intelligence Community or an agency thereof the National Nuclear Security Administration or the Department of Defense and IV when practicable a consortium that is considered a covered entity includes a small business concern as defined under section 3 of the Small Business Act 15 U S C 632 notwithstanding section 121 103 of title 13 Code of Federal Regulations and iii the Secretary may not approve an application if the Secretary determines that the covered entity is a foreign entity of concern D RECORDS —The Secretary may request records and information from the applicant to review the status of a covered entity The applicant shall provide the records and information requested by the Secretary 3 AMOUNT — A IN GENERAL —The Secretary shall determine the appropriate amount and funding type for each financial assistance award made to a covered entity under this subsection B LARGER INVESTMENT —Federal investment in any individual project shall not exceed $3 000 000 000 unless the Secretary in consultation with the Secretary of Defense and the Director of National Intelligence recommends to the President and the President certifies and reports to the appropriate committees of Congress that a larger investment is necessary to— i significantly increase the proportion of reliable domestic supply of semiconductors relevant for national security and economic competitiveness that can be met through domestic production and ii meet the needs of national security 4 USE OF FUNDS —A covered entity that receives a financial assistance award under this subsection may only use the financial assistance award amounts to— H R 6395—1461 A finance the construction expansion or modernization of a facility or equipment to be used for semiconductors described in paragraph 1 as documented in the application submitted by the covered entity under paragraph 2 B as determined necessary by the Secretary for purposes relating to the national security and economic competitiveness of the United States B support workforce development for a facility described in subparagraph A C support site development and modernization for a facility described in subparagraph A and D pay reasonable costs related to the operating expenses for a facility described in subparagraph A including specialized workforce essential materials and complex equipment maintenance as determined by the Secretary 5 CLAWBACK — A TARGET DATES —For all major awards to covered entities the Secretary shall— i determine target dates by which a project shall commence and complete and ii set these dates by the time of award B PROGRESSIVE RECOVERY FOR DELAYS —If the project does not commence and complete by the set target dates in A the Secretary shall progressively recover up to the full amount of an award provided to a covered entity under this subsection C TECHNOLOGY CLAWBACK —The Secretary shall recover the full amount of an award provided to a covered entity under this subsection if during the applicable term with respect to the award the covered entity knowingly engages in any joint research or technology licensing effort— i with a foreign entity of concern and ii that relates to a technology or product that raises national security concerns as determined by the Secretary and communicated to the covered entity before engaging in such joint research or technology licensing D WAIVER —In the case of delayed projects the Secretary may waive elements of the clawback provisions incorporated in each major award after— i making a formal determination that circumstances beyond the ability of the covered entity to foresee or control are responsible for delays and ii submitting congressional notification E CONGRESSIONAL NOTIFICATION —The Secretary shall notify appropriate committees of Congress— i of the clawback provisions attending each such major award and ii of any waivers provided not later than 15 days after the date on which such a waiver was provided b COORDINATION REQUIRED —In carrying out the program established under subsection a the Secretary shall coordinate with the Secretary of State the Secretary of Defense the Secretary H R 6395—1462 of Homeland Security the Secretary of Energy and the Director of National Intelligence c GAO REVIEWS —The Comptroller General of the United States shall— 1 not later than 2 years after the date of disbursement of the first financial award under subsection a and biennially thereafter for 10 years conduct a review of the program established under subsection a which shall include at a minimum— A a determination of the number of instances in which financial assistance awards were provided under that subsection during the period covered by the review B an evaluation of how— i the program is being carried out including how recipients of financial assistance awards are being selected under the program and ii other Federal programs are leveraged for manufacturing research and training to complement the financial assistance awards awarded under the program and C a description of the outcomes of projects supported by awards made under the program including a description of— i facilities described in subsection a 1 that were constructed expanded or modernized as a result of awards made under the program ii research and development carried out with awards made under the program iii workforce training programs carried out with awards made under the program including efforts to hire individuals from disadvantaged populations and iv the impact of projects on the United States share of global microelectronics production and 2 submit to the appropriate committees of Congress the results of each review conducted under paragraph 1 SEC 9903 DEPARTMENT OF DEFENSE a DEPARTMENT OF DEFENSE EFFORTS — 1 IN GENERAL —Subject to the availability of appropriations for such purposes the Secretary of Defense in consultation with the Secretary of Commerce the Secretary of Energy the Secretary of Homeland Security and the Director of National Intelligence shall establish a public-private partnership through which the Secretary shall work to incentivize the formation of one or more consortia of companies or other such partnerships of private-sector entities as appropriate to ensure the development and production of measurably secure microelectronics including integrated circuits logic devices memory and the packaging and testing practices that support these microelectronic components by the Department of Defense the intelligence community critical infrastructure sectors and other national security applications Such incentives may include the use of grants under section 9902 and providing incentives for the creation expansion or modernization of one or more commercially competitive and sustainable microelectronics manufacturing or advanced research and development facilities in the United States H R 6395—1463 2 RISK MITIGATION REQUIREMENTS —A participant in a consortium formed with incentives under paragraph 1 — A shall have the potential to enable design perform fabrication assembly package or test functions for microelectronics deemed critical to national security as defined by the National Security Advisor and the Secretary of Defense B may be a fabless company migrating its designs to the facility envisioned in paragraph 1 or migrating to an existing facility onshore C may be companies including fabless companies and companies that procure large quantities of microelectronics willing to co-invest to achieve the objectives set forth in paragraph 1 D shall include management processes to identify and mitigate supply chain security risks and E shall be capable of providing microelectronic components that are consistent with applicable measurably secure supply chain and operational security standards established under section 224 b of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116– 92 3 NATIONAL SECURITY CONSIDERATIONS —The Secretary of Defense and the Director of National Intelligence shall select participants for each consortium and or partnership formed with incentives under paragraph 1 In selecting such participants the Secretary and the Director may jointly consider whether the companies— A have participated in previous programs and projects of the Department of Defense Department of Energy or the intelligence community including— i the Trusted Integrated Circuit program of the Intelligence Advanced Research Projects Activity ii trusted and assured microelectronics projects as administered by the Department of Defense iii the Electronics Resurgence Initiative program of the Defense Advanced Research Projects Agency or iv relevant semiconductor research programs of the Advanced Research Projects Agency–Energy B have demonstrated an ongoing commitment to performing contracts for the Department of Defense and the intelligence community C are approved by the Defense Counterintelligence and Security Agency or the Office of the Director of National Intelligence as presenting an acceptable security risk taking into account supply chain assurance vulnerabilities counterintelligence risks and any risks presented by companies whose beneficial owners are located outside the United States and D are evaluated periodically for foreign ownership control or influence by a foreign entity of concern 4 NONTRADITIONAL DEFENSE CONTRACTORS AND COMMERCIAL ENTITIES —Arrangements entered into to carry out paragraph 1 shall be in such form as the Secretary of Defense determines appropriate to encourage industry participation of nontraditional defense contractors or commercial entities and H R 6395—1464 may include a contract a grant a cooperative agreement a commercial agreement the use of other transaction authority under section 2371 of title 10 United States Code or another such arrangement 5 IMPLEMENTATION —Subject to the availability of appropriations for such purposes the Secretary of Defense— A shall carry out paragraph 1 jointly through the Office of the Under Secretary of Defense for Research and Engineering and the Office of the Under Secretary of Defense for Acquisition and Sustainment and B may carry out paragraph 1 in collaboration with any such other component of the Department of Defense as the Secretary of Defense considers appropriate 6 OTHER INITIATIVES — A REQUIRED INITIATIVES —Subject to the availability of appropriations for such purposes the Secretary of Defense in consultation with the Secretary of Energy and the Administrator of the National Nuclear Security Administration as appropriate may dedicate initiatives within the Department of Defense to carry out activities to advance radio frequency mixed signal radiation tolerant and radiation hardened microelectronics that support national security and dual-use applications B SUPPORT PLAN REQUIRED —The Secretary of Defense in consultation with the heads of appropriate departments and agencies of the Federal Government shall develop a plan including assessment of resource requirements and designation of responsible officials for the maintenance of capabilities to produce trusted and assured microelectronics to support current and legacy defense systems other government systems essential for national security and critical infrastructure of the United States especially for items with otherwise limited commercial demand C ASSESSMENT OF PUBLIC PRIVATE PARTNERSHIPS AND ACTIVITIES —In conjunction with the activities carried out under this section the Secretary of Defense shall enter into an agreement with the National Academies of Science Engineering and Medicine to undertake a study to make recommendations and provide policy options for optimal public-private partnerships and partnership activities including an analysis of establishing a semiconductor manufacturing corporation to leverage private sector technical managerial and investment expertise and private capital as well as an assessment of and response to the industrial policies of other nations to support industries in similar critical technology sectors and deliver such study to the congressional defense committees not later than October 1 2022 7 REPORTS — A REPORT BY SECRETARY OF DEFENSE —Not later than 90 days after the date of the enactment of this Act the Secretary of Defense shall submit to Congress a report on the plans of the Secretary to carry out paragraphs 1 and 6 B BIENNIAL REPORTS BY COMPTROLLER GENERAL OF THE UNITED STATES —Not later than one year after the date on which the Secretary submits the report required H R 6395—1465 by subparagraph A and not less frequently than once every two years thereafter for a period of 10 years the Comptroller General of the United States shall submit to Congress a report on the activities carried out under this subsection b NATIONAL NETWORK FOR MICROELECTRONICS RESEARCH AND DEVELOPMENT — 1 IN GENERAL —Subject to the availability of appropriations for such purposes the Secretary of Defense may establish a national network for microelectronics research and development— A to enable the laboratory to fabrication transition of microelectronics innovations in the United States and B to expand the global leadership in microelectronics of the United States 2 ACTIVITIES —The national network for microelectronics research and development shall— A enable cost effective exploration of new materials devices and architectures and prototyping in domestic facilities to safeguard domestic intellectual property B accelerate the transition of new technologies to domestic microelectronics manufacturers and C conduct other relevant activities deemed necessary by the Secretary of Defense for accomplishing the purposes of the national network for microelectronics research and development SEC 9904 DEPARTMENT OF COMMERCE STUDY ON STATUS OF MICROELECTRONICS TECHNOLOGIES IN THE UNITED STATES INDUSTRIAL BASE a IN GENERAL —Beginning not later than 180 days after the date of the enactment of this Act the Secretary in consultation with the heads of other Federal departments and agencies as appropriate including the Secretary of Defense Secretary of Homeland Security and the Secretary of Energy shall undertake a review which shall include a survey using authorities in section 705 of the Defense Production Act of 1950 50 U S C 4555 to assess the capabilities of the United States industrial base to support the national defense in light of the global nature of the supply chain and significant interdependencies between the United States industrial base and the industrial bases of foreign countries with respect to the manufacture design and end use of microelectronics b RESPONSE TO SURVEY —To the extent authorized by section 705 of the Defense Production Act of 1950 50 U S C 4555 and section 702 of title 15 Code of Federal Regulations the Secretary shall ensure all relevant potential respondents reply to the survey including the following 1 Corporations partnerships associations or any other organized groups domiciled and with substantial operations in the United States 2 Corporations partnerships associations or any other organized groups with a physical presence of any kind in the United States 3 Foreign domiciled corporations partnerships associations or any other organized groups with a physical presence of any kind in the United States H R 6395—1466 c INFORMATION REQUESTED —To the extent authorized by section 705 of the Defense Production Act of 1950 50 U S C 4555 and section 702 of title 15 Code of Federal Regulations the information sought from a responding entity specified in subsection b shall include at minimum information on the following with respect to the manufacture design or end use of microelectronics by such entity 1 An identification of the geographic scope of operations 2 Information on relevant cost structures 3 An identification of types of microelectronics development manufacture assembly test and packaging equipment in operation at such an entity 4 An identification of all relevant intellectual property raw materials and semi-finished goods and components sourced domestically and abroad by such an entity 5 Specifications of the microelectronics manufactured or designed by such an entity descriptions of the end-uses of such microelectronics and a description of any technical support provided to end-users of such microelectronics by such an entity 6 Information on domestic and export market sales by such an entity 7 Information on the financial performance including income and expenditures of such an entity 8 A list of all foreign and domestic subsidies and any other financial incentives received by such an entity in each market in which such entity operates 9 A list of regulatory or other informational requests about the respondents’ operations sales or other proprietary information by the People’s Republic of China entities under its direction or officials of the Chinese Communist Party a description of the nature of each request and the type of information provided 10 Information on any joint ventures technology licensing agreements and cooperative research or production arrangements of such an entity 11 A description of efforts by such an entity to evaluate and control supply chain risks 12 A list and description of any sales licensing agreements or partnerships between such an entity and the People’s Liberation Army or People’s Armed Police including any business relationships with entities through which such sales licensing agreements or partnerships may occur d REPORT — 1 IN GENERAL —The Secretary shall in consultation with the heads of other appropriate Federal departments and agencies as appropriate including the Secretary of Defense Secretary of Homeland Security and Secretary of Energy submit to Congress a report on the results of the review required by subsection a The report shall include the following A An assessment of the results of the review B A list of critical technology areas impacted by potential disruptions in production of microelectronics and a detailed description and assessment of the impact of such potential disruptions on such areas H R 6395—1467 C A description and assessment of gaps and vulnerabilities in the microelectronics supply chain and the national industrial supply base 2 FORM —The report required by paragraph 1 may be submitted in classified form SEC 9905 FUNDING FOR DEVELOPMENT AND ADOPTION OF MEASURABLY SECURE SEMICONDUCTORS AND MEASURABLY SECURE SEMICONDUCTORS SUPPLY CHAINS a MULTILATERAL SEMICONDUCTORS SECURITY FUND — 1 ESTABLISHMENT OF FUND —The Secretary of the Treasury is authorized to establish a trust fund to be known as the ‘‘Multilateral Semiconductors Security Fund’’ in this section referred to as the ‘‘Fund’’ consisting of any appropriated funds credited to the Fund for such purpose 2 REPORTING REQUIREMENT —If the Fund authorized under subsection a 1 is not established 180 days after the date of the enactment of this Act and annually thereafter until such Fund is established the Secretary of the Treasury in coordination with the Secretary of State shall provide in writing to the appropriate committees of Congress a rationale for not establishing the Fund 3 INVESTMENT OF AMOUNTS — A INVESTMENT OF AMOUNTS —If the Fund authorized under subsection a 1 is established the Secretary of the Treasury shall invest such portion of the Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States B INTEREST AND PROCEEDS —The interest on and the proceeds from the sale or redemption of any obligations held in the Fund shall be credited to and form a part of the Fund 4 USE OF FUND — A IN GENERAL —Subject to subparagraph B amounts in the Fund shall be available as provided in advance in an appropriations Act to the Secretary of State— i to provide funding through the common funding mechanism described in subsection b 1 to support the development and adoption of measurably secure semiconductors and measurably secure semiconductors supply chains and ii to otherwise carry out this section B AVAILABILITY CONTINGENT ON INTERNATIONAL ARRANGEMENT OR AGREEMENT — i IN GENERAL —Amounts in the Fund shall be available to the Secretary of State subject to appropriation on and after the date on which the Secretary of State enters into an arrangement or agreement with the governments of countries that are partners of the United States to participate in the common funding mechanism under paragraph 1 of subsection b ii CONSULTATION —Before entering into an arrangement or agreement as described clause i the Secretary of State in consultation with the Secretary of Commerce shall ensure any partner government H R 6395—1468 maintains export control licensing policies on semiconductor technology substantively equivalent to the United States with respect to restrictions on such exports to the People’s Republic of China b COMMON FUNDING MECHANISM FOR DEVELOPMENT AND ADOPTION OF MEASURABLY SECURE SEMICONDUCTORS AND MEASURABLY SECURE SEMICONDUCTORS SUPPLY CHAINS — 1 IN GENERAL —The Secretary of State in consultation with the Secretary of Commerce the Secretary of Defense the Secretary of Homeland Security the Secretary of the Treasury the Secretary of Energy and the Director of National Intelligence is authorized to establish a common funding mechanism in coordination with foreign partners that uses amounts from the Fund to support the development and adoption of secure semiconductors and secure semiconductors supply chains including for use in research and development collaborations among partner countries participating in the common funding mechanism In establishing and sustaining a common funding mechanism the Secretary of State should leverage United States funding in order to secure contributions and commitments from trusted foreign partners including cost sharing and other cooperative measures leading to the development and adoption of secure semiconductors and secure microelectronic supply chains 2 COMMITMENTS —In creating and sustaining a common funding mechanism described in paragraph 1 the Secretary of State should promote efforts among foreign partners to— A establish transparency requirements for any subsidies or other financial benefits including revenue foregone provided to semiconductors firms located in or outside such countries B establish consistent policies with respect to countries that— i are not participating in the common funding mechanism and ii do not meet transparency requirements established under subparagraph A C promote harmonized treatment of semiconductors and verification processes for items being exported to a country considered a national security risk by a country participating in the common funding mechanism D establish consistent policies and common external policies to address nonmarket economies as the behavior of such countries pertains to semiconductors E align policies on supply chain integrity and semiconductors security including with respect to protection and enforcement of intellectual property rights and F promote harmonized foreign direct investment screening measures and export control policies with respect to semiconductors to align with national multilateral and plurilateral security priorities c ANNUAL REPORT TO CONGRESS —Not later than one year after the date of the enactment of this Act and annually thereafter for each fiscal year during which amounts in the Fund are available under subsection a 4 the Secretary of State shall submit to the appropriate committees of Congress a report on the status H R 6395—1469 of the implementation of this section that includes a description of— 1 any commitments made by the governments of countries that have entered into an arrangement or agreement with the United States to provide funding for the common funding mechanism described in subsection b 1 and the specific amount so committed and other cooperative measures being taken by such countries as part of the common funding mechanism 2 the criteria established for expenditure of funds through the common funding mechanism 3 how and to whom amounts have been expended from the Fund and a description of progress made utilizing the Fund to support the objectives described in subsection b 1 4 amounts remaining in the Fund 5 the progress of the Secretary of State toward entering into an arrangement or agreement with the governments of countries that are partners of the United States to participate in the common funding mechanism and the commitments described in subsection b 2 and 6 any additional authorities needed to enhance the effectiveness of the Fund in achieving the security goals of the United States d NOTIFICATIONS TO BE PROVIDED BY THE FUND — 1 IN GENERAL —Not later than 15 days prior to the Fund making a financial commitment associated with the provision of expenditures under subsection a 4 A in an amount in excess of $1 000 000 the Secretary of State shall submit to the appropriate committees of Congress report in writing that contains the information required by paragraph 2 2 INFORMATION REQUIRED —The information required by this subsection includes— A the amount of each such expenditure B an identification of the recipient or beneficiary and C a description of the project or activity and the purpose to be achieved by an expenditure of the Fund 3 ARRANGEMENTS OR AGREEMENTS —The Secretary of State shall notify the appropriate committees of Congress not later than 30 days after entering into a new bilateral or multilateral arrangement or agreement described in subsection a 4 B SEC 9906 ADVANCED MICROELECTRONICS RESEARCH AND DEVELOPMENT a SUBCOMMITTEE ON MICROELECTRONICS LEADERSHIP — 1 ESTABLISHMENT REQUIRED —The President shall establish in the National Science and Technology Council a subcommittee on matters relating to leadership and competitiveness of the United States in microelectronics technology and innovation in this section referred to as the ‘‘Subcommittee ’’ 2 MEMBERSHIP —The Subcommittee shall be composed of the following members A The Secretary of Defense B The Secretary of Energy C The Director of the National Science Foundation D The Secretary of Commerce H R 6395—1470 E The Secretary of State F The Secretary of Homeland Security G The United States Trade Representative H The Director of National Intelligence I The heads of such other departments and agencies of the Federal Government as the President determines appropriate 3 DUTIES —The duties of the Subcommittee are as follows A NATIONAL STRATEGY ON MICROELECTRONICS RESEARCH — i IN GENERAL —In consultation with the advisory committee established in b and other appropriate stakeholders in the microelectronics industry and academia the Subcommittee shall develop a national strategy on microelectronics research development manufacturing and supply chain security to— I accelerate the domestic development and production of microelectronics and strengthen the domestic microelectronics workforce and II ensure that the United States is a global leader in the field of microelectronics research and development ii ELEMENTS —The strategy developed under this subparagraph shall address— I activities that may be carried out to strengthen engagement and outreach between the Department of Defense and industry academia international partners of the United States and other departments and agencies of the Federal Government on issues relating to microelectronics II priorities for research and development to accelerate the advancement and adoption of innovative microelectronics and new uses of microelectronics and components III the role of diplomacy and trade in maintaining the position of the United States as a global leader in the field of microelectronics IV the potential role of a Federal laboratory center or incubator exclusively focused on the research and development of microelectronics as described in section 231 b 15 of the National Defense Authorization Act for Fiscal Year 2017 as added by section 276 of this Act in carrying out the strategy and plan required under this subparagraph and V such other activities as the Subcommittee determines may be appropriate to overcome future challenges to the innovation competitiveness and supply chain integrity of the United States in the field of microelectronics B FOSTERING COORDINATION OF RESEARCH AND DEVELOPMENT —The Subcommittee shall coordinate microelectronics related research development manufacturing and supply chain security activities and budgets of Federal agencies and ensure such activities are consistent with the strategy required under subparagraph A C REPORTING AND UPDATES — H R 6395—1471 i PROGRESS BRIEFING —Not later than one year after the date of the enactment of this Act the President shall provide to the appropriate committees of Congress a briefing on the progress of the Subcommittee in developing the strategy required under subparagraph A ii STRATEGY UPDATE —Not less frequently than once every 5 years the Subcommittee shall update the strategy developed under subparagraph A and submit the revised strategy to the appropriate committees of Congress 4 SUNSET —The Subcommittee shall terminate on the date that is 10 years after the date of the enactment of this Act b INDUSTRIAL ADVISORY COMMITTEE — 1 ESTABLISHMENT —The Secretary of Commerce in consultation with the Secretary of Defense the Secretary of Energy and the Secretary of Homeland Security shall establish an advisory committee to be composed of not fewer than 12 members including representatives of industry federal laboratories and academic institutions who are qualified to provide advice to the United States Government on matters relating to microelectronics research development manufacturing and policy 2 DUTIES —The advisory committee shall assess and provide guidance to the United States Government on— A science and technology needs of the nation’s domestic microelectronics industry B the extent to which the strategy developed under subsection a 3 is helping maintain United States leadership in microelectronics manufacturing C assessment of the research and development programs and activities authorized under this section and D opportunities for new public-private partnerships to advance microelectronics research development and domestic manufacturing 3 FACA EXEMPTION —Section 14 of the Federal Advisory Committee Act 5 U S C App shall not apply to the advisory committee established under this subsection c NATIONAL SEMICONDUCTOR TECHNOLOGY CENTER — 1 ESTABLISHMENT —Subject to the availability of appropriations for such purpose the Secretary of Commerce in collaboration with the Secretary of Defense shall establish a national semiconductor technology center to conduct research and prototyping of advanced semiconductor technology to strengthen the economic competitiveness and security of the domestic supply chain Such center shall be operated as a public private-sector consortium with participation from the private sector the Department of Energy and the National Science Foundation 2 FUNCTIONS —The functions of the center established under paragraph 1 shall be as follows A To conduct advanced semiconductor manufacturing design and packaging research and prototyping that strengthens the entire domestic ecosystem and is aligned with the strategy required under subsection a 3 A with emphasis on the following H R 6395—1472 i Semiconductor advanced test assembly and packaging capability in the domestic ecosystem ii Materials characterization instrumentation and testing for next generation microelectronics iii Virtualization and automation of maintenance of semiconductor machinery iv Metrology for security and supply chain verification B To establish an investment fund in partnership with the private sector to support startups and collaborations between startups academia established companies and new ventures with the goal of commercializing innovations that contribute to the domestic semiconductor ecosystem including— i advanced metrology and characterization for manufacturing of microchips using 3 nanometer transistor processes or more advanced processes and ii metrology for security and supply chain verification C To work with the Secretary of Labor the Director of the National Science Foundation the Secretary of Energy the private sector institutions of higher education and workforce training entities to incentivize and expand participation in graduate and undergraduate programs and develop workforce training programs and apprenticeships in advanced microelectronic design research fabrication and packaging capabilities d NATIONAL ADVANCED PACKAGING MANUFACTURING PROGRAM —Subject to the availability of appropriations for such purpose the Secretary of Commerce shall establish a National Advanced Packaging Manufacturing Program led by the Director of the National Institute of Standards and Technology in coordination with the national semiconductor technology center established under subsection c to strengthen semiconductor advanced test assembly and packaging capability in the domestic ecosystem and which shall coordinate with the Manufacturing USA institute established under subsection f if applicable e MICROELECTRONICS RESEARCH AT THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY —Subject to the availability of appropriations for such purpose the Director of the National Institute of Standards and Technology shall carry out a microelectronics research program to enable advances and breakthroughs in measurement science standards material characterization instrumentation testing and manufacturing capabilities that will accelerate the underlying research and development for metrology of next generation microelectronics and ensure the competitiveness and leadership of the United States within this sector f CREATION OF A MANUFACTURING USA INSTITUTE —Subject to the availability of appropriations for such purpose the Director of the National Institute of Standards and Technology may establish a Manufacturing USA institute described in section 34 d of the National Institute of Standards and Technology Act 15 U S C 278s d that is focused on semiconductor manufacturing Such institute may emphasize the following 1 Research to support the virtualization and automation of maintenance of semiconductor machinery H R 6395—1473 2 Development of new advanced test assembly and packaging capabilities 3 Developing and deploying educational and skills training curricula needed to support the industry sector and ensure the United States can build and maintain a trusted and predictable talent pipeline g DOMESTIC PRODUCTION REQUIREMENTS —The head of any executive agency receiving funding under this section shall develop policies to require domestic production to the extent possible for any intellectual property resulting from microelectronics research and development conducted as a result of such funding and domestic control requirements to protect any such intellectual property from foreign adversaries SEC 9907 PROHIBITION RELATING TO FOREIGN ENTITIES OF CONCERN None of the funds authorized to be appropriated to carry out this subtitle may be provided to a foreign entity of concern SEC 9908 DEFENSE PRODUCTION ACT OF 1950 EFFORTS a IN GENERAL —Not later than 180 days after the date of the enactment of this Act the President shall submit to Congress a report on a plan of action for any use of authorities available in title III of the Defense Production Act of 1950 50 U S C 4531 et seq to establish or enhance a domestic production capability for microelectronics technologies and related technologies subject to— 1 the availability of appropriations for that purpose and 2 a determination made under the plan pursuant to such title III that such technologies are essential to the national defense and that domestic industrial capabilities are insufficient to meet these needs b COORDINATION —The President shall develop the plan of action required by subsection a in consultation with any relevant head of a Federal agency an advisory committee established under section 708 d of the Defense Production Act of 1950 50 U S C 4558 d and appropriate stakeholders in the private sector 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 10001 AMBER ALERT NATIONWIDE a COOPERATION WITH DEPARTMENT OF HOMELAND RITY —Subtitle A of title III of the PROTECT Act 34 U S C et seq is amended— 1 in section 301— A in subsection b — SECU20501 H R 6395—1474 i in paragraph 1 by inserting ‘‘ including airports maritime ports border crossing areas and checkpoints and ports of exit from the United States ’’ after ‘‘gaps in areas of interstate travel’’ and ii in paragraphs 2 and 3 by inserting ‘‘ territories of the United States and tribal governments’’ after ‘‘States’’ and B in subsection d by inserting ‘‘ the Secretary of Homeland Security ’’ after ‘‘Secretary of Transportation’’ and 2 in section 302— A in subsection b in paragraphs 2 3 and 4 by inserting ‘‘ territorial tribal ’’ after ‘‘State’’ and B in subsection c — i in paragraph 1 by inserting ‘‘ the Secretary of Homeland Security ’’ after ‘‘Secretary of Transportation’’ and ii in paragraph 2 by inserting ‘‘ territorial tribal ’’ after ‘‘State’’ b AMBER ALERTS ALONG MAJOR TRANSPORTATION ROUTES — 1 IN GENERAL —Section 303 of the PROTECT Act 34 U S C 20503 is amended— A in the section heading by inserting ‘‘AND MAJOR TRANSPORTATION ROUTES’’ after ‘‘ALONG HIGHWAYS’’ B in subsection a — i by inserting ‘‘ referred to in this section as the ‘Secretary’ ’’ after ‘‘Secretary of Transportation’’ and ii by inserting ‘‘and at airports maritime ports border crossing areas and checkpoints and ports of exit from the United States’’ after ‘‘along highways’’ C in subsection b — i in paragraph 1 — I by striking ‘‘other motorist information systems to notify motorists’’ and inserting ‘‘other information systems to notify motorists aircraft passengers ship passengers and travelers’’ and II by inserting ‘‘ aircraft passengers ship passengers and travelers’’ after ‘‘necessary to notify motorists’’ and ii in paragraph 2 — I in subparagraph A by striking ‘‘other motorist information systems to notify motorists’’ and inserting ‘‘other information systems to notify motorists aircraft passengers ship passengers and travelers’’ II in subparagraph D by inserting ‘‘ aircraft passengers ship passengers and travelers’’ after ‘‘support the notification of motorists’’ III in subparagraph E by inserting ‘‘ aircraft passengers ship passengers and travelers’’ after ‘‘motorists’’ each place it appears IV in subparagraph F by inserting ‘‘ aircraft passengers ship passengers and travelers’’ after ‘‘motorists’’ and H R 6395—1475 V in subparagraph G by inserting ‘‘ aircraft passengers ship passengers and travelers’’ after ‘‘motorists’’ D in subsection c by striking ‘‘other motorist information systems to notify motorists’’ each place it appears and inserting ‘‘other information systems to notify motorists aircraft passengers ship passengers and travelers’’ E by amending subsection d to read as follows ‘‘ d FEDERAL SHARE — ‘‘ 1 IN GENERAL —Except as provided in paragraph 2 the Federal share of the cost of any activities funded by a grant under this section may not exceed 80 percent ‘‘ 2 WAIVER —If the Secretary determines that American Samoa Guam the Northern Mariana Islands Puerto Rico or the Virgin Islands of the United States is unable to comply with the requirement under paragraph 1 the Secretary shall waive such requirement ’’ F in subsection g — i by striking ‘‘In this section’’ and inserting ‘‘In this subtitle’’ and ii by striking ‘‘or Puerto Rico’’ and inserting ‘‘American Samoa Guam Puerto Rico the Northern Mariana Islands the Virgin Islands of the United States and any other territory of the United States’’ and G in subsection h by striking ‘‘fiscal year 2004’’ and inserting ‘‘each of fiscal years 2019 through 2023’’ 2 TECHNICAL AND CONFORMING AMENDMENT —The table of contents in section 1 b of the PROTECT Act Public Law 108–21 is amended by striking the item relating to section 303 and inserting the following ‘‘Sec 303 Grant program for notification and communications systems along highways and major transportation routes for recovery of abducted children ’’ c AMBER ALERT COMMUNICATION PLANS IN THE TERRITORIES —Section 304 of the PROTECT Act 34 U S C 20504 is amended— 1 in subsection b 4 by inserting ‘‘a territorial government or’’ after ‘‘with’’ 2 by amending subsection c to read as follows ‘‘ c FEDERAL SHARE — ‘‘ 1 IN GENERAL —Except as provided in paragraph 2 the Federal share of the cost of any activities funded by a grant under this section may not exceed 50 percent ‘‘ 2 WAIVER —If the Attorney General determines that American Samoa Guam the Northern Mariana Islands Puerto Rico the Virgin Islands of the United States or an Indian tribe is unable to comply with the requirement under paragraph 1 the Attorney General shall waive such requirement ’’ and 3 in subsection d by inserting ‘‘ including territories of the United States’’ before the period at the end d GOVERNMENT ACCOUNTABILITY OFFICE REPORT — 1 IN GENERAL —Not later than 5 years after the date of the enactment of this Act the Comptroller General shall conduct a study assessing— H R 6395—1476 A the implementation of the amendments made by this Act B any challenges related to integrating the territories of the United States into the AMBER Alert system C the readiness educational technological and training needs of territorial law enforcement agencies in responding to cases involving missing abducted or exploited children and D any other related matters the Attorney General or the Secretary of Transportation determines appropriate 2 REPORT REQUIRED —The Comptroller General shall submit a report on the findings of the study required under paragraph 1 to— A the Committee on the Judiciary and the Committee on Environment and Public Works of the Senate B the Committee on the Judiciary and the Committee on Transportation and Infrastructure of the House of Representatives and C each of the delegates or resident commissioner to the House of Representatives from American Samoa Guam the Northern Mariana Islands Puerto Rico and the Virgin Islands of the United States 3 PUBLIC AVAILABILITY —The Comptroller General shall make the report required under paragraph 2 available on a public Government website 4 OBTAINING OFFICIAL DATA — A IN GENERAL —The Comptroller General may secure information necessary to conduct the study under paragraph 1 directly from any Federal agency and from any territorial government receiving grant funding under the PROTECT Act Upon request of the Comptroller General the head of a Federal agency or territorial government shall furnish the requested information to the Comptroller General B AGENCY RECORDS —Notwithstanding subparagraph A nothing in this subsection shall require a Federal agency or any territorial government to produce records subject to a common law evidentiary privilege Records and information shared with the Comptroller General shall continue to be subject to withholding under sections 552 and 552a of title 5 United States Code The Comptroller General is obligated to give the information the same level of confidentiality and protection required of the Federal agency or territorial government The Comptroller General may be requested to sign a nondisclosure or other agreement as a condition of gaining access to sensitive or proprietary data to which the Comptroller General is entitled C PRIVACY OF PERSONAL INFORMATION —The Comptroller General and any Federal agency and any territorial government that provides information to the Comptroller General shall take such actions as are necessary to ensure the protection of the personal information of a minor SEC 10002 IMPROVING AUTHORITY FOR OPERATION OF UNMANNED AIRCRAFT FOR EDUCATIONAL PURPOSES Section 350 of the FAA Reauthorization Act of 2018 Public Law 115–254 49 U S C 44809 note is amended— H R 6395—1477 1 in the section heading by striking ‘‘AT INSTITUTIONS and inserting ‘‘FOR EDUCATIONAL PUR- OF HIGHER EDUCATION’’ POSES’’ and 2 in subsection a — A by striking ‘‘aircraft system operated by’’ and all that follows and inserting ‘‘aircraft system—’’ and B by adding at the end the following new paragraphs ‘‘ 1 operated by an institution of higher education for educational or research purposes ‘‘ 2 flown as part of an established Junior Reserve Officers’ Training Corps JROTC program for education or research purposes or ‘‘ 3 flown as part of an educational program that is chartered by a recognized community-based organization as defined in subsection h of such section ’’ SEC 10003 PROHIBITION ON PROVISION OF AIRPORT IMPROVEMENT GRANT FUNDS TO CERTAIN ENTITIES THAT HAVE VIOLATED INTELLECTUAL PROPERTY RIGHTS OF UNITED STATES ENTITIES a IN GENERAL —During the period beginning on the date that is 30 days after the date of the enactment of this Act and ending on September 30 2023 amounts provided as project grants under subchapter I of chapter 471 of title 49 United States Code may not be used to enter into a contract described in subsection b with any entity on the list required by subsection c b CONTRACT DESCRIBED —A contract described in this subsection is a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport c LIST REQUIRED — 1 IN GENERAL —Not later than 30 days after the date of enactment of this Act and thereafter as required by paragraph 2 the Administrator of the Federal Aviation Administration shall based on information provided by the United States Trade Representative and the Attorney General make available to the public a list of entities making infrastructure or equipment for a passenger boarding bridge at an airport that— A are owned directed or subsidized by the People’s Republic of China and B have been determined by a Federal court to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States or C own or control are owned or controlled by are under common ownership or control with or are successors to an entity described in subparagraph A 2 UPDATES TO LIST —The Administrator shall update the list required by paragraph 1 based on information provided by the Trade Representative and the Attorney General— A not less frequently than every 90 days during the 180-day period following the initial publication of the list under paragraph 1 and B not less frequently than annually thereafter until September 30 2023 H R 6395—1478 d DEFINITIONS —In this section the definitions in section 47102 of title 49 United States Code shall apply SEC 10004 STUDY AND REPORT ON THE AFFORDABILITY OF INSULIN The Secretary of Health and Human Services acting through the Assistant Secretary for Planning and Evaluation shall— 1 conduct a study that examines for each type or classification of diabetes including type 1 diabetes type 2 diabetes gestational diabetes and other conditions causing reliance on insulin the effect of the affordability of insulin on— A adherence to insulin prescriptions B rates of diabetic ketoacidosis C downstream impacts of insulin adherence including rates of dialysis treatment and end-stage renal disease D spending by Federal health programs on acute episodes that could have been averted by adhering to an insulin prescription and E other factors as appropriate to understand the impacts of insulin affordability on health outcomes Federal Government spending including under the Medicare program under title XVIII of the Social Security Act 42 U S C 1395 et seq and the Medicaid program under title XIX of the Social Security Act 42 U S C 1396 et seq and insured and uninsured individuals with diabetes and 2 not later than 2 years after the date of enactment of this Act submit to Congress a report on the study conducted under paragraph 1 SEC 10005 WAIVER AUTHORITY WITH RESPECT TO INSTITUTIONS LOCATED IN AN AREA AFFECTED BY HURRICANE MARIA a WAIVER AUTHORITY —Notwithstanding any other provision of law unless enacted with specific reference to this section or section 392 of the Higher Education Act of 1965 20 U S C 1068a for any affected institution that was receiving assistance under title III of such Act 20 U S C 1051 et seq at the time of a covered hurricane disaster the Secretary of Education may for each of the fiscal years 2021 through 2025— 1 waive— A the eligibility data requirements set forth in section 391 d of the Higher Education Act of 1965 20 U S C 1068 d B the wait-out period set forth in section 313 d of the Higher Education Act of 1965 20 U S C 1059 d C the allotment requirements under section 324 of the Higher Education Act of 1965 20 U S C 1063 and D the use of the funding formula developed pursuant to section 326 f 3 of the Higher Education Act of 1965 20 U S C 1063b f 3 and 2 waive or modify any statutory or regulatory provision to ensure that affected institutions that were receiving assistance under title III of the Higher Education Act of 1965 20 U S C 1051 et seq at the time of a covered hurricane disaster are not adversely affected by any formula calculation for fiscal year 2021 or for any of the four succeeding fiscal years as necessary b DEFINITIONS —In this section H R 6395—1479 1 The term ‘‘affected institution’’ means an institution of higher education as defined in section 101 of the Higher Education Act of 1965 20 U S C 1001 that— A is— i a part A institution which term shall have the meaning given the term ‘‘eligible institution’’ under section 312 b of the Higher Education Act of 1965 20 U S C 1058 b or ii a part B institution as such term is defined in section 322 2 of the Higher Education Act of 1965 20 U S C 1061 2 or as identified in section 326 e of such Act 20 U S C 1063b e B is located in a covered area affected by a hurricane disaster and C is able to demonstrate that as a result of the impact of a covered hurricane disaster the institution— i incurred physical damage ii has pursued collateral source compensation from insurance the Federal Emergency Management Agency and the Small Business Administration as appropriate and iii was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane enrollment levels during the 30-day period beginning on September 7 2017 2 The term ‘‘covered area affected by a hurricane disaster’’ means an area for which the President declared a major disaster under section 401 of the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 U S C 5170 as a result of Hurricane Maria 3 The term ‘‘covered hurricane disaster’’ means a major disaster that the President declared to exist in accordance with section 401 of the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 U S C 5170 and that was caused by Hurricane Maria or Hurricane Irma SEC 10006 FARM AND RANCH MENTAL HEALTH a PUBLIC SERVICE ANNOUNCEMENT CAMPAIGN TO ADDRESS FARM AND RANCH MENTAL HEALTH — 1 IN GENERAL —The Secretary of Agriculture in consultation with the Secretary of Health and Human Services shall carry out a public service announcement campaign to address the mental health of farmers and ranchers 2 REQUIREMENTS —The public service announcement campaign under paragraph 1 shall include television radio print outdoor and digital public service announcements 3 CONTRACTOR — A IN GENERAL —The Secretary of Agriculture may enter into a contract or other agreement with a third party to carry out the public service announcement campaign under paragraph 1 B REQUIREMENT —In awarding a contract under subparagraph A the Secretary of Agriculture shall use a competitive bidding process 4 AUTHORIZATION OF APPROPRIATIONS —There is authorized to be appropriated to the Secretary of Agriculture to carry H R 6395—1480 out this subsection $3 000 000 to remain available until expended b EMPLOYEE TRAINING PROGRAM TO MANAGE FARMER AND RANCHER STRESS — 1 IN GENERAL —Not later than 180 days after the date of enactment of this subsection the Secretary of Agriculture shall expand the pilot program carried out by the Secretary of Agriculture in fiscal year 2019 that trained employees of the Farm Service Agency in the management of stress experienced by farmers and ranchers to train employees of the Farm Service Agency the Risk Management Agency and the Natural Resources Conservation Service in the management of stress experienced by farmers and ranchers including the detection of stress and suicide prevention 2 REPORT —Not less frequently than once every 2 years the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture Nutrition and Forestry of the Senate a report describing the implementation of this subsection c TASK FORCE FOR ASSESSMENT OF CAUSES OF MENTAL STRESS AND BEST PRACTICES FOR RESPONSE — 1 IN GENERAL —The Secretary of Agriculture shall convene a task force of agricultural and rural stakeholders at the national State and local levels— A to assess the causes of mental stress in farmers and ranchers and B to identify best practices for responding to that mental stress 2 SUBMISSION OF REPORT —Not later than 1 year after the date of enactment of this subsection the task force convened under paragraph 1 shall submit to the Secretary of Agriculture a report containing the assessment and best practices under subparagraphs A and B respectively of paragraph 1 3 COLLABORATION —In carrying out this subsection the task force convened under paragraph 1 shall collaborate with nongovernmental organizations and State and local agencies d CESSATION OF AUTHORITIES —Any authorities provided under this section shall cease to be in effect on October 1 2023 Speaker of the House of Representatives Vice President of the United States and President of the Senate