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H.R. 6395 — In the Senate of the United States, November 16, 2020

Summary

A Senate amendment dated November 16, 2020, to H.R. 6395, the bill 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. It resolves that the bill do pass with an amendment that strikes all after the enacting clause and inserts new text. The inserted Act is organized into six divisions, including Division D (Funding Tables), Division E (Additional Provisions) and Division F (Intelligence Authorization Act for Fiscal Year 2021). The table of contents begins with Title I, Procurement, and Title II, Research, Development, Test, and Evaluation.

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Congressional materials
Document type
Bills Bills 116Hr6395Eas Bills 116Hr6395Eas
Case
Bills Bills 116Hr6395Eas Bills 116Hr6395Eas

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“H.R. 6395 — In the Senate of the United States, November 16, 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr6395eas-bills-116hr6395eas/, SHA-256 704804d3e8f5a2d12e1be6a8b68887e8376079c36aa31012e9bc36c93665ebf6.

Full text

     In the Senate of the United States,
                                          November 16, 2020.
     Resolved, That the bill from the House of Representa-
tives (H.R. 6395) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 2021 for military activities of the Depart-
ment 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 pur-
poses.’’, do pass with the following

                  AMENDMENT:
          Strike all after the enacting clause and insert the
     following:
 1   SECTION 1. SHORT TITLE.

 2       This Act may be cited as the ‘‘National Defense Au-
 3 thorization Act for Fiscal Year 2021’’.
 4   SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

 5                CONTENTS.

 6       (a) DIVISIONS.—This Act is organized into six divi-
 7 sions as follows:
                                           2
 1                 (1) Division A—Department of Defense Author-
 2          izations.
 3                 (2) Division B—Military Construction Author-
 4          izations.
 5                 (3) Division C—Department of Energy National
 6          Security Authorizations and Other Authorizations.
 7                 (4) Division D—Funding Tables.
 8                 (5) Division E—Additional Provisions.
 9                 (6) Division F—Intelligence Authorization Act
10          for Fiscal Year 2021.
11          (b) TABLE OF CONTENTS.—The table of contents for
12 this Act is as follows:
     Sec. 1. Short title.
     Sec. 2. Organization of Act into divisions; table of contents.
     Sec. 3. Congressional defense committees.
     Sec. 4. Budgetary effects of this Act.

          DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

                                TITLE I—PROCUREMENT

                        Subtitle A—Authorization of Appropriations
     Sec. 101. Authorization of appropriations.

                                Subtitle B—Army Programs

     Sec. 111. Integrated air and missile defense assessment.
     Sec. 112. Report and limitation on Integrated Visual Augmentation System ac-
                      quisition.
     Sec. 113. Modifications to requirement for an interim cruise missile defense capa-
                      bility.

                                Subtitle C—Navy Programs

     Sec. 121. Contract authority for Columbia-class submarine program.
     Sec. 122. Limitation on Navy medium and large unmanned surface vessels.
     Sec. 123. Extension of prohibition on availability of funds for Navy waterborne
                      security barriers.
     Sec. 124. Procurement authorities for certain amphibious shipbuilding programs.
     Sec. 125. Fighter force structure acquisition strategy.
     Sec. 126. Treatment of systems added by Congress in future President’s budget re-
                      quests.

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Sec. 127. Report on carrier wing composition.
Sec. 128. Report on strategy to use ALQ–249 Next Generation Jammer to ensure
                 full spectrum electromagnetic superiority.

                        Subtitle D—Air Force Programs

Sec. 141. Economic order quantity contracting authority for F–35 joint strike
                 fighter program.
Sec. 142. Minimum aircraft levels for major mission areas.
Sec. 143. Minimum operational squadron level.
Sec. 144. Minimum Air Force bomber aircraft level.
Sec. 145. F–35 gun system.
Sec. 146. Prohibition on funding for Close Air Support Integration Group.
Sec. 147. Limitation on divestment of KC–10 and KC–135 aircraft.
Sec. 148. Limitation on retirement of U–2 and RQ–4 aircraft.
Sec. 149. Limitation on divestment of F–15C aircraft in the European theater.
Sec. 150. Air base defense development and acquisition strategy.
Sec. 151. Required solution for KC–46 aircraft remote visual system limitations.
Sec. 152. Analysis of requirements and Advanced Battle Management System ca-
                 pabilities.
Sec. 153. Studies on measures to assess cost-per-effect for key mission areas.
Sec. 154. Plan for operational test and utility evaluation of systems for Low-Cost
                 Attributable Aircraft Technology program.
Sec. 155. Prohibition on retirement or divestment of A–10 aircraft.

           Subtitle E—Defense-wide, Joint, and Multiservice Matters

Sec. 171. Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air
                 Force: annual plan and certification.
Sec. 172. Authority to use F–35 aircraft withheld from delivery to Government
                 of Turkey.
Sec. 173. Transfer from Commander of United States Strategic Command to
                 Chairman of the Joint Chiefs of Staff of responsibilities and
                 functions relating to electromagnetic spectrum operations.
Sec. 174. Cryptographic modernization schedules.
Sec. 175. Prohibition on purchase of armed overwatch aircraft.
Sec. 176. Special operations armed overwatch.
Sec. 177. Autonomic Logistics Information System redesign strategy.
Sec. 178. Contract aviation services in a country or in airspace in which a Spe-
                 cial Federal Aviation Regulation applies.
Sec. 179. F–35 aircraft munitions.
Sec. 180. Airborne intelligence, surveillance, and reconnaissance acquisition road-
                 map for United States Special Operations Command.
Sec. 181. Requirement to accelerate the fielding and development of counter un-
                 manned aerial systems across the joint force.
Sec. 182. Joint All Domain Command and Control requirements.

   TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

                  Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

       Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Designation and activities of senior officials for critical technology
                areas supportive of the National Defense Strategy.

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Sec. 212. Governance of fifth-generation wireless networking in the Department of
                 Defense.
Sec. 213. Application of artificial intelligence to the defense reform pillar of the
                 National Defense Strategy.
Sec. 214. Extension of authorities to enhance innovation at Department of De-
                 fense laboratories.
Sec. 215. Updates to Defense Quantum Information Science and Technology Re-
                 search and Development program.
Sec. 216. Program of part-time and term employment at Department of Defense
                 science and technology reinvention laboratories of faculty and
                 students from institutions of higher education.
Sec. 217. Improvements to Technology and National Security Fellowship of De-
                 partment of Defense.
Sec. 218. Department of Defense research, development, and deployment of tech-
                 nology to support water sustainment.
Sec. 219. Development and testing of hypersonic capabilities.
Sec. 220. Disclosure requirements for recipients of Department of Defense research
                 and development grants.

                 Subtitle C—Plans, Reports, and Other Matters

Sec. 231. Assessment on United States national security emerging biotechnology
                 efforts and capabilities and comparison with adversaries.
Sec. 232. Independent comparative analysis of efforts by China and the United
                 States to recruit and retain researchers in national security-re-
                 lated fields.
Sec. 233. Department of Defense demonstration of virtualized radio access net-
                 work and massive multiple input multiple output radio arrays
                 for fifth generation wireless networking.
Sec. 234. Independent technical review of Federal Communications Commission
                 Order 20–48.
Sec. 235. Report on micro nuclear reactor programs.
Sec. 236. Modification to Test Resource Management Center strategic plan report-
                 ing cycle and contents.
Sec. 237. Limitation on contract awards for certain unmanned vessels.
Sec. 238. Documentation relating to the Advanced Battle Management System.
Sec. 239. Armed Services Vocational Aptitude Battery Test special purpose ad-
                 junct to address computational thinking.
Sec. 240. Report on use of testing facilities to research and develop hypersonic
                 technology.
Sec. 241. Study and plan on the use of additive manufacturing and three-dimen-
                 sional bioprinting in support of the warfighter.
Sec. 242. Element in annual reports on cyber science and technology activities on
                 work with academic consortia on high priority cybersecurity re-
                 search activities in Department of Defense capabilities.

               TITLE III—OPERATION AND MAINTENANCE

                   Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

                      Subtitle B—Energy and Environment

Sec. 311. Modifications and technical corrections to ensure restoration of con-
                 tamination by perfluorooctane sulfonate and perfluorooctanoic
                 acid.

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Sec. 312. Readiness and Environmental Protection Integration Program technical
                 edits and clarification.
Sec. 313. Survey and market research of technologies for phase out by Depart-
                 ment of Defense of use of fluorinated aqueous film-forming foam.
Sec. 314. Modification of authority to carry out military installation resilience
                 projects.
Sec. 315. Native American Indian lands environmental mitigation program.
Sec. 316. Energy resilience and energy security measures on military installa-
                 tions.
Sec. 317. Modification to availability of energy cost savings for Department of
                 Defense.
Sec. 318. Long-duration demonstration initiative and joint program.
Sec. 319. Pilot program on alternative fuel vehicle purchasing.
Sec. 320. Extension of real-time sound monitoring at Navy installations where
                 tactical fighter aircraft operate.
Sec. 321. Study on impacts of transboundary flows, spills, or discharges of pollu-
                 tion or debris from the Tijuana River on personnel, activities,
                 and installations of Department of Defense.
Sec. 322. Increase in funding for study by Centers for Disease Control and Pre-
                 vention relating to perfluoroalkyl and polyfluoroalkyl substance
                 contamination in drinking water.

                     Subtitle C—Logistics and Sustainment

Sec. 331. Repeal of statutory requirement for notification to Director of Defense
                  Logistics Agency three years prior to implementing changes to
                  any uniform or uniform component.
Sec. 332. Clarification of limitation on length of overseas forward deployment of
                  currently deployed naval vessels.

                              Subtitle D—Reports

Sec. 351. Report on impact of permafrost thaw on infrastructure, facilities, and
                 operations of the Department of Defense.
Sec. 352. Plans and reports on emergency response training for military installa-
                 tions.
Sec. 353. Report on implementation by Department of Defense of requirements re-
                 lating to renewable fuel pumps.
Sec. 354. Report on effects of extreme weather on Department of Defense.

                           Subtitle E—Other Matters

Sec. 371. Prohibition on divestiture of manned intelligence, surveillance, and re-
                 connaissance aircraft operated by United States Special Oper-
                 ations Command.
Sec. 372. Information on overseas construction projects in support of contingency
                 operations using funds for operation and maintenance.
Sec. 373. Provision of protection to the National Museum of the Marine Corps,
                 the National Museum of the United States Army, the National
                 Museum of the United States Navy, and the National Museum
                 of the United States Air Force.
Sec. 374. Inapplicability of congressional notification and dollar limitation re-
                 quirements for advance billings for certain background investiga-
                 tions.
Sec. 375. Repeal of sunset for minimum annual purchase amount for carriers
                 participating in the Civil Reserve Air Fleet.


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Sec. 376. Improvement of the Operational Energy Capability Improvement Fund
                  of the Department of Defense.
Sec. 377. Commission on the naming of items of the Department of Defense that
                  commemorate the Confederate States of America or any person
                  who served voluntarily with the Confederate States of America.
Sec. 378. Modifications to review of proposed actions by Military Aviation and
                  Installation Assurance Clearinghouse.
Sec. 379. Adjustment in availability of appropriations for unusual cost overruns
                  and for changes in scope of work.
Sec. 380. Requirement that Secretary of Defense implement security and emer-
                  gency response recommendations relating to active shooter or ter-
                  rorist attacks on installations of Department of Defense.
Sec. 381. Clarification of food ingredient requirements for food or beverages pro-
                  vided by the Department of Defense.

          TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

                            Subtitle A—Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.

                            Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active duty
                 for operational support.
Sec. 415. Separate authorization by Congress of minimum end strengths for non-
                 temporary military technicians (dual status) and maximum end
                 strengths for temporary military technicians (dual status).

                   Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

                 TITLE V—MILITARY PERSONNEL POLICY

                       Subtitle A—Officer Personnel Policy

Sec. 501. Repeal of codified specification of authorized strengths of certain com-
                 missioned officers on active duty.
Sec. 502. Temporary expansion of availability of enhanced constructive service
                 credit in a particular career field upon original appointment as
                 a commissioned officer.
Sec. 503. Requirement for promotion selection board recommendation of higher
                 placement on promotion list of officers of particular merit.
Sec. 504. Special selection review boards for review of promotion of officers sub-
                 ject to adverse information identified after recommendation for
                 promotion and related matters.
Sec. 505. Number of opportunities for consideration for promotion under alter-
                 native promotion authority.
Sec. 506. Mandatory retirement for age.
Sec. 507. Clarifying and improving restatement of rules on the retired grade of
                 commissioned officers.



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Sec. 508. Repeal of authority for original appointment of regular Navy officers
                 designated for engineering duty, aeronautical engineering duty,
                 and special duty.

                  Subtitle B—Reserve Component Management

Sec. 511. Exclusion of certain reserve general and flag officers on active duty
                 from limitations on authorized strengths.

                    Subtitle C—General Service Authorities

Sec. 516. Increased access to potential recruits.
Sec. 517. Temporary authority to order retired members to active duty in high-
                  demand, low-density assignments during war or national emer-
                  gency.
Sec. 518. Certificate of Release or Discharge from Active Duty (DD Form 214)
                  matters.
Sec. 519. Evaluation of barriers to minority participation in certain units of the
                  Armed Forces.
Sec. 520. Reports on diversity and inclusion in the Armed Forces.

               Subtitle D—Military Justice and Related Matters

 PART I—INVESTIGATION, PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT
                       AND RELATED MATTERS

Sec. 521. Modification of time required for expedited decisions in connection with
                  applications for change of station or unit transfer of members
                  who are victims of sexual assault or related offenses.
Sec. 522. Defense Advisory Committee for the Prevention of Sexual Misconduct.
Sec. 523. Report on ability of Sexual Assault Response Coordinators and Sexual
                  Assault Prevention and Response Victim Advocates to perform
                  duties.
Sec. 524. Briefing on Special Victims’ Counsel program.
Sec. 525. Accountability of leadership of the Department of Defense for dis-
                  charging the sexual harassment policies and programs of the De-
                  partment.
Sec. 526. Safe-to-report policy applicable across the Armed Forces.
Sec. 527. Additional bases for provision of advice by the Defense Advisory Com-
                  mittee for the Prevention of Sexual Misconduct.
Sec. 528. Additional matters for reports of the Defense Advisory Committee for
                  the Prevention of Sexual Misconduct.
Sec. 529. Policy on separation of victim and accused at military service acad-
                  emies and degree-granting military educational institutions.
Sec. 530. Briefing on placement of members of the Armed Forces in academic sta-
                  tus who are victims of sexual assault onto Non-Rated Periods.

                PART II—OTHER MILITARY JUSTICE MATTERS
Sec. 531. Right to notice of victims of offenses under the Uniform Code of Mili-
                 tary Justice regarding certain post-trial motions, filings, and
                 hearings.
Sec. 532. Consideration of the evidence by Courts of Criminal Appeals.
Sec. 533. Preservation of records of the military justice system.




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Sec. 534. Comptroller General of the United States report on implementation by
                 the Armed Forces of recent GAO recommendations and statutory
                 requirements on assessment of racial, ethnic, and gender dispari-
                 ties in the military justice system.
Sec. 535. Briefing on mental health support for vicarious trauma for certain per-
                 sonnel in the military justice system.
Sec. 536. Guardian ad litem program for minor dependents of members of the
                 Armed Forces.

     Subtitle E—Member Education, Training, Transition, and Resilience

Sec. 541. Training on religious accommodation for members of the Armed Forces.
Sec. 542. Additional elements with 2021 certifications on the Ready, Relevant
                 Learning initiative of the Navy.
Sec. 543. Report on standardization and potential merger of law enforcement
                 training for military and civilian personnel across the Depart-
                 ment of Defense.
Sec. 544. Quarterly reports on implementation of recommendations of the Com-
                 prehensive Review of Special Operations Forces Culture and
                 Ethics.
Sec. 545. Information on nominations and applications for military service acad-
                 emies.
Sec. 546. Pilot programs in connection with Senior Reserve Officers’ Training
                 Corps units at Historically Black Colleges and Universities and
                 minority institutions.
Sec. 547. Expansion of Junior Reserve Officers’ Training Corps Program.
Sec. 548. Department of Defense STARBASE Program.

                      Subtitle F—Decorations and Awards

Sec. 551. Award or presentation of decorations favorably recommended following
                determination on merits of proposals for decorations not pre-
                viously submitted in a timely fashion.
Sec. 552. Honorary promotion matters.

  Subtitle G—Defense Dependents’ Education and Military Family Readiness
                                  Matters

           PART I—DEFENSE DEPENDENTS’ EDUCATION MATTERS

Sec. 561. Continuation of authority to assist local educational agencies that ben-
                 efit dependents of members of the Armed Forces and Department
                 of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Staffing of Department of Defense Education Activity schools to main-
                 tain maximum student-to-teacher ratios.
Sec. 564. Matters in connection with free appropriate public education for de-
                 pendents of members of the Armed Forces with special needs.
Sec. 565. Pilot program on expanded eligibility for Department of Defense Edu-
                 cation Activity Virtual High School program.
Sec. 566. Pilot program on expansion of eligibility for enrollment at domestic de-
                 pendent elementary and secondary schools.
Sec. 567. Comptroller General of the United States report on the structural condi-
                 tion of Department of Defense Education Activity schools.




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               PART II—MILITARY FAMILY READINESS MATTERS

Sec. 571. Responsibility for allocation of certain funds for military child develop-
                 ment programs.
Sec. 572. Improvements to Exceptional Family Member Program.
Sec. 573. Procedures of the Office of Special Needs for the development of individ-
                 ualized services plans for military families with special needs.
Sec. 574. Restatement and clarification of authority to reimburse members for
                 spouse relicensing costs pursuant to a permanent change of sta-
                 tion.
Sec. 575. Improvements to Department of Defense tracking of and response to in-
                 cidents of child abuse involving military dependents on military
                 installations.
Sec. 576. Military child care and child development center matters.
Sec. 577. Expansion of financial assistance under My Career Advancement Ac-
                 count program.

                            Subtitle H—Other Matters

Sec. 586. Removal of personally identifying and other information of certain per-
                 sons from investigative reports, the Department of Defense Cen-
                 tral Index of Investigations, and other records and databases.
Sec. 587. National emergency exception for timing requirements with respect to
                 certain surveys of members of the Armed Forces.
Sec. 588. Sunset and transfer of functions of the Physical Disability Board of Re-
                 view.
Sec. 589. Extension of reporting deadline for the annual report on the assessment
                 of the effectiveness of activities of the federal voting assistance
                 program.
Sec. 590. Pilot programs on remote provision by National Guard to State govern-
                 ments and National Guards of other States of cybersecurity tech-
                 nical assistance in training, preparation, and response to cyber
                 incidents.
Sec. 591. Plan on performance of funeral honors details by members of other
                 Armed Forces when members of the Armed Force of the deceased
                 are unavailable.
Sec. 592. Limitation on implementation of Army Combat Fitness Test.
Sec. 593. Report on impact of children of certain Filipino World War II veterans
                 on national security, foreign policy, and economic and humani-
                 tarian interests of the United States.

   TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

                        Subtitle A—Pay and Allowances

Sec. 601. Reorganization of certain allowances other than travel and transpor-
                tation allowances.
Sec. 602. Hazardous duty pay for members of the Armed Forces performing duty
                in response to the Coronavirus Disease 2019.
Sec. 603. Compensation and credit for retired pay purposes for maternity leave
                taken by members of the reserve components.

              Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain expiring bonus and special pay authori-
                 ties.
Sec. 612. Increase in special and incentive pays for officers in health professions.

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        Subtitle C—Disability Pay, Retired Pay, and Survivor Benefits

Sec. 621. Inclusion of drill or training foregone due to emergency travel or duty
                  restrictions in computations of entitlement to and amounts of re-
                  tired pay for non-regular service.
Sec. 622. Modernization and clarification of payment of certain Reserves while
                  on duty.
Sec. 623. Relief of Richard W. Collins III.

                           Subtitle D—Other Matters

Sec. 631. Permanent authority for and enhancement of the Government lodging
                program.
Sec. 632. Approval of certain activities by retired and reserve members of the uni-
                formed services.

                 TITLE VII—HEALTH CARE PROVISIONS

            Subtitle A—TRICARE and Other Health Care Benefits

Sec. 701. Authority for Secretary of Defense to manage provider type referral and
                 supervision requirements under TRICARE program.
Sec. 702. Removal of Christian Science providers as authorized providers under
                 the TRICARE program.
Sec. 703. Waiver of fees charged to certain civilians for emergency medical treat-
                 ment provided at military medical treatment facilities.
Sec. 704. Mental health resources for members of the Armed Forces and their de-
                 pendents during the COVID–19 pandemic.
Sec. 705. Transitional health benefits for certain members of the National Guard
                 serving under orders in response to the coronavirus (COVID–
                 19).
Sec. 706. Extramedical maternal health providers demonstration project.
Sec. 707. Pilot program on receipt of non-generic prescription maintenance medi-
                 cations under TRICARE pharmacy benefits program.

                    Subtitle B—Health Care Administration

Sec. 721. Modifications to transfer of Army Medical Research and Development
                 Command and public health commands to Defense Health Agen-
                 cy.
Sec. 722. Delay of applicability of administration of TRICARE dental plans
                 through Federal Employees Dental and Vision Insurance Pro-
                 gram.
Sec. 723. Authority of Secretary of Defense to waive requirements during na-
                 tional emergencies for purposes of provision of health care.

                     Subtitle C—Reports and Other Matters

Sec. 741. Extension of authority for Joint Department of Defense-Department of
                 Veterans Affairs Medical Facility Demonstration Fund.
Sec. 742. Membership of Board of Regents of Uniformed Services University of
                 the Health Sciences.
Sec. 743. Military Health System Clinical Quality Management Program.
Sec. 744. Modifications to pilot program on civilian and military partnerships
                 to enhance interoperability and medical surge capability and ca-
                 pacity of National Disaster Medical System.



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Sec. 745. Study on force mix options and service models to enhance readiness of
                 medical force of the Armed Forces to provide combat casualty
                 care.
Sec. 746. Comptroller General study on delivery of mental health services to mem-
                 bers of the reserve components of the Armed Forces.
Sec. 747. Review and report on prevention of suicide among members of the
                 Armed Forces stationed at remote installations outside the con-
                 tiguous United States.
Sec. 748. Audit of medical conditions of tenants in privatized military housing.
Sec. 749. Comptroller General study on prenatal and postpartum mental health
                 conditions among members of the Armed Forces and their de-
                 pendents.
Sec. 750. Plan for evaluation of flexible spending account options for members of
                 the uniformed services and their families.
Sec. 751. Assessment of receipt by civilians of emergency medical treatment at
                 military medical treatment facilities.
Sec. 752. Report on billing practices for health care from Department of Defense.
Sec. 753. Access of veterans to Individual Longitudinal Exposure Record.
Sec. 754. Study on the incidence of cancer diagnosis and mortality among mili-
                 tary aviators and aviation support personnel.

 Subtitle D—Mental Health Services From Department of Veterans Affairs for
                     Members of Reserve Components

Sec. 761. Short title.
Sec. 762. Expansion of eligibility for readjustment counseling and related out-
                 patient services from Department of Veterans Affairs to include
                 members of reserve components of the Armed Forces.
Sec. 763. Provision of mental health services from Department of Veterans Affairs
                 to members of reserve components of the Armed Forces.
Sec. 764. Inclusion of members of reserve components in mental health programs
                 of Department of Veterans Affairs.
Sec. 765. Report on mental health and related services provided by Department
                 of Veterans Affairs to members of the Armed Forces.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
                     RELATED MATTERS

                      Subtitle A—Industrial Base Matters

Sec. 801. Policy recommendations for implementation of Executive Order 13806
                 (Assessing and Strengthening the Manufacturing and Defense
                 Industrial Base and Supply Chain Resiliency).
Sec. 802. Assessment of national security innovation base.
Sec. 803. Improving implementation of policy pertaining to the national tech-
                 nology and industrial base.
Sec. 804. Modification of framework for modernizing acquisition processes to en-
                 sure integrity of industrial base.
Sec. 805. Assessments of industrial base capabilities and capacity.
Sec. 806. Analyses of certain materials and technology sectors for action to ad-
                 dress sourcing and industrial capacity.
Sec. 807. Microelectronics manufacturing strategy.
Sec. 808. Additional requirements pertaining to printed circuit boards.
Sec. 809. Statement of policy with respect to supply of strategic minerals and
                 metals for Department of Defense purposes.
Sec. 810. Report on strategic and critical minerals and metals.

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Sec. 811. Stabilization of shipbuilding industrial base workforce.
Sec. 812. Miscellaneous limitations on the procurement of goods other than
                  United States goods.
Sec. 813. Use of domestically sourced star trackers in national security satellites.
Sec. 814. Modification to small purchase threshold exception to sourcing require-
                  ments for certain articles.

                Subtitle B—Acquisition Policy and Management

Sec. 831. Report on acquisition risk assessment and mitigation as part of Adapt-
                 ive Acquisition Framework implementation.
Sec. 832. Comptroller General report on implementation of software acquisition
                 reforms.

 Subtitle C—Amendments to General Contracting Authorities, Procedures, and
                              Limitations
Sec. 841. Authority to acquire innovative commercial products and services using
                 general solicitation competitive procedures.
Sec. 842. Truth in Negotiations Act threshold for Department of Defense con-
                 tracts.
Sec. 843. Revision of proof required when using an evaluation factor for defense
                 contractors employing or subcontracting with members of the se-
                 lected reserve of the reserve components of the Armed Forces.
Sec. 844. Contract authority for advanced development of initial or additional
                 prototype units.
Sec. 845. Definition of business system deficiencies for contractor business sys-
                 tems.
Sec. 846. Repeal of pilot program on payment of costs for denied Government Ac-
                 countability Office bid protests.

    Subtitle D—Provisions Relating to Major Defense Acquisition Programs

Sec. 861. Implementation of modular open systems architecture requirements.
Sec. 862. Sustainment reviews.
Sec. 863. Recommendations for future direct selections.
Sec. 864. Disclosures for certain shipbuilding major defense acquisition program
                 offers.

                       Subtitle E—Small Business Matters

Sec. 871. Prompt payment of contractors.
Sec. 872. Extension of pilot program for streamlined awards for innovative tech-
                 nology programs.
Sec. 873. Reporting requirements.

         Subtitle F—Provisions Related to Software-Driven Capabilities

Sec. 881. Inclusion of software in government performance of acquisition func-
                 tions.
Sec. 882. Balancing security and innovation in software development and acqui-
                 sition.
Sec. 883. Comptroller General report on intellectual property acquisition and li-
                 censing.
Sec. 884. Pilot program exploring the use of consumption-based solutions to ad-
                 dress software-intensive warfighting capability.



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                            Subtitle G—Other Matters

Sec. 891. Safeguarding defense-sensitive United States intellectual property, tech-
                 nology, and other data and information.
Sec. 892. Domestic comparative testing activities.
Sec. 893. Repeal of apprenticeship program.

     TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
                       MANAGEMENT

       Subtitle A—Office of the Secretary of Defense and Related Matters

Sec. 901. Assistant Secretary of Defense for Special Operations and Low Inten-
                 sity Conflict and related matters.
Sec. 902. Redesignation and codification in law of Office of Economic Adjust-
                 ment.
Sec. 903. Modernization of process used by the Department of Defense to identify,
                 task, and manage Congressional reporting requirements.
Sec. 904. Inclusion of Vice Chief of the National Guard Bureau as an advisor to
                 the Joint Requirements Oversight Council.
Sec. 905. Assignment of responsibility for the Arctic region within the Office of
                 the Secretary of Defense.

            Subtitle B—Department of Defense Management Reform

Sec. 911. Termination of position of Chief Management Officer of the Department
                 of Defense.
Sec. 912. Report on assignment of responsibilities, duties, and authorities of Chief
                 Management Officer to other officers or employees of the Depart-
                 ment of Defense.
Sec. 913. Performance Improvement Officer of the Department of Defense.
Sec. 914. Assignment of certain responsibilities and duties to particular officers
                 of the Department of Defense.
Sec. 915. Assignment of responsibilities and duties of Chief Management Officer
                 to officers or employees of the Department of Defense to be des-
                 ignated.
Sec. 916. Definition of enterprise business operations for title 10, United States
                 Code.
Sec. 917. Annual report on enterprise business operations of the Department of
                 Defense.
Sec. 918. Conforming amendments.

                        Subtitle C—Space Force Matters

     PART I—AMENDMENTS TO INTEGRATE THE SPACE FORCE INTO LAW
Sec. 931. Clarification of Space Force and Chief of Space Operations authorities.
Sec. 931A. Office of the Chief of Space Operations.
Sec. 932. Amendments to Department of the Air Force provisions in title 10,
                  United States Code.
Sec. 933. Amendments to other provisions of title 10, United States Code.
Sec. 934. Amendments to provisions of law relating to pay and allowances.
Sec. 935. Amendments relating to provisions of law on veterans’ benefits.
Sec. 936. Amendments to other provisions of the United States Code.
Sec. 937. Applicability to other provisions of law.




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                          PART II—OTHER MATTERS

Sec. 941. Matters relating to reserve components for the Space Force.
Sec. 942. Transfers of military and civilian personnel to the Space Force.
Sec. 943. Limitation on transfer of military installations to the jurisdiction of
                  the Space Force.
Sec. 944. Clarification of procurement of commercial satellite communications
                  services.
Sec. 945. Temporary exemption from authorized daily average of members in pay
                  grades E–8 and E–9.
Sec. 946. Application of acquisition demonstration project to Department of the
                  Air Force employees assigned to acquisition positions within the
                  Space Force.
Sec. 947. Air and Space Force Medal.

  Subtitle D—Organization and Management of Other Department of Defense
                           Offices and Elements
Sec. 951. Annual report on establishment of field operating agencies.
Sec. 952. Briefing on assignment of members of the Armed Forces on active duty
                 to the Joint Artificial Intelligence Center of the Department of
                 Defense.
Sec. 953. Threats to United States forces from small unmanned aerial systems
                 worldwide.

                     TITLE X—GENERAL PROVISIONS

                         Subtitle A—Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Application of Financial Improvement and Audit Remediation Plan
                 to fiscal years following fiscal year 2020.
Sec. 1003. Incentives for the achievement by the components of the Department
                 of Defense of unqualified audit opinions on the financial state-
                 ments.

                       Subtitle B—Counterdrug Activities

Sec. 1011. Codification of authority for joint task forces of the Department of De-
                 fense to support law enforcement agencies conducting counterter-
                 rorism or counter-transnational organized crime activities.

                    Subtitle C—Naval Vessels and Shipyards

Sec. 1021. Modification of authority to purchase used vessels with funds in the
                 National Defense Sealift Fund.
Sec. 1022. Waiver during war or threat to national security of restrictions on
                 overhaul, repair, or maintenance of vessels in foreign shipyards.
Sec. 1023. Modification of waiver authority on prohibition on use of funds for re-
                 tirement of certain legacy maritime mine countermeasure plat-
                 forms.
Sec. 1024. Extension of authority for reimbursement of expenses for certain Navy
                 mess operations afloat.
Sec. 1025. Sense of Congress on actions necessary to achieve a 355-ship Navy.




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                          Subtitle D—Counterterrorism

Sec. 1031. Extension of prohibition on use of funds for transfer or release of indi-
                viduals detained at United States Naval Station, Guantanamo
                Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to close or relinquish control
                of United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Extension of prohibition on use of funds for transfer or release of indi-
                viduals detained at United States Naval Station, Guantanamo
                Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to construct or modify facili-
                ties in the United States to house detainees transferred from
                United States Naval Station, Guantanamo Bay, Cuba.

             Subtitle E—Miscellaneous Authorities and Limitations

Sec. 1041. Inclusion of disaster-related emergency preparedness activities among
                  law enforcement activities authorities for sale or donation of ex-
                  cess personal property of the Department of Defense.
Sec. 1042. Expenditure of funds for Department of Defense clandestine activities
                  that support operational preparation of the environment.
Sec. 1043. Clarification of authority of military commissions under chapter 47A
                  of title 10, United States Code, to punish contempt.
Sec. 1044. Prohibition on actions to infringe upon First Amendment rights of
                  peaceable assembly and petition for redress of grievances.
Sec. 1045. Arctic planning, research, and development.
Sec. 1046. Consideration of security risks in certain telecommunications architec-
                  ture for future overseas basing decisions of the Department of
                  Defense.
Sec. 1047. Foreign military training programs.
Sec. 1048. Reporting of adverse events relating to consumer products on military
                  installations.
Sec. 1049. Inclusion of United States Naval Sea Cadet Corps among youth and
                  charitable organizations authorized to receive assistance from the
                  National Guard.
Sec. 1050. Department of Defense policy for the regulation of dangerous dogs.
Sec. 1051. Sense of Congress on the basing of KC–46A aircraft outside the contig-
                  uous United States.
Sec. 1052. Efficient use of sensitive compartmented information facilities.
Sec. 1053. Assistance for farmer and rancher stress and mental health of individ-
                  uals in rural areas.
Sec. 1054. Additional conditions and limitations on the transfer of Department
                  of Defense property for law enforcement activities.

                        Subtitle F—Studies and Reports

Sec. 1061. Report on potential improvements to certain military educational in-
                 stitutions of the Department of Defense.
Sec. 1062. Reports on status and modernization of the North Warning System.
Sec. 1063. Studies on the force structure for Marine Corps aviation.
Sec. 1064. Study on unemployment rate of female veterans who served on active
                 duty in the Armed Forces after September 11, 2001.
Sec. 1065. Report on Great Lakes and inland waterways seaports.
Sec. 1066. Report on the Chemical and Biological Defense Program of the De-
                 partment of Defense.



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Sec. 1067. Report on round-the-clock availability of childcare for members of the
                Armed Forces and civilian employees of the Department of De-
                fense who work rotating shifts.

                           Subtitle G—Other Matters

Sec. 1081. Department of Defense strategic Arctic ports.
Sec. 1082. Personal protective equipment matters.
Sec. 1083. Estimate of damages from Federal Communications Commission
                 Order 20–48.
Sec. 1084. Modernization effort.
Sec. 1085. Sense of Senate on Gold Star Families Remembrance Week.
Sec. 1086. Continuity of the Economy Plan.
Sec. 1087. Improving the authority for operations of unmanned aircraft for edu-
                 cational purposes.
Sec. 1088. Requirement to post a 100 word summary to regulations.gov.
Sec. 1089. Modification of licensure requirements for health care professionals
                 providing treatment via telemedicine.
Sec. 1090. Restrictions on Confucius Institutes.
Sec. 1090A. Additional care for newborn children of veterans.
Sec. 1090B. Additional diseases associated with exposure to certain herbicide
                 agents for which there is a presumption of service connection for
                 veterans who served in the Republic of Vietnam.

   Subtitle H—Wireless Supply Chain Innovation and Multilateral Security

Sec. 1091. Definitions.
Sec. 1092. Communications technology security funds.
Sec. 1093. Promoting United States leadership in international organizations
                 and communications standards-setting bodies.

              Subtitle I—Semiconductor Manufacturing Incentives

Sec. 1094. Semiconductor incentive grants.
Sec. 1095. Department of Defense.
Sec. 1096. Department of Commerce study on status of microelectronics tech-
                 nologies in the United States industrial base.
Sec. 1097. Funding for development and adoption of measurably secure microelec-
                 tronics and measurably secure microelectronics supply chains.
Sec. 1098. Advanced semiconductor research and design.
Sec. 1099. Prohibition relating to foreign adversaries.

               TITLE XI—CIVILIAN PERSONNEL MATTERS

                  Subtitle A—Department of Defense Matters

Sec. 1101. Enhanced pay authority for certain acquisition and technology posi-
                tions in the Department of Defense.
Sec. 1102. Enhanced pay authority for certain research and technology positions
                in the science and technology reinvention laboratories of the De-
                partment of Defense.
Sec. 1103. Extension of enhanced appointment and compensation authority for
                civilian personnel for care and treatment of wounded and in-
                jured members of the Armed Forces.
Sec. 1104. Extension of overtime rate authority for Department of the Navy em-
                ployees performing work aboard or dockside in support of the
                nuclear-powered aircraft carrier forward deployed in Japan.

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Sec. 1105. Expansion of direct hire authority for certain Department of Defense
                 personnel to include installation military housing office posi-
                 tions supervising privatized military housing.
Sec. 1106. Extension of sunset of inapplicability of certification of executive
                 qualifications by qualification certification review board of Of-
                 fice of Personnel Management for initial appointments to Senior
                 Executive Service positions in Department of Defense.
Sec. 1107. Pilot program on enhanced pay authority for certain high-level man-
                 agement positions in the Department of Defense.
Sec. 1108. Pilot program on expanded authority for appointment of recently re-
                 tired members of the Armed Forces to positions in the Depart-
                 ment of Defense.
Sec. 1109. Direct hire authority and relocation incentives for positions at remote
                 locations.
Sec. 1110. Modification of direct hire authority for certain personnel involved
                 with Department of Defense maintenance activities.
Sec. 1110A. Fire Fighters Alternative Work Schedule demonstration project for
                 the Navy Region Mid-Atlantic Fire and Emergency Services.
Sec. 1110B. Report by Comptroller General of the United States on diversity and
                 inclusion within the civilian workforce of the Department of De-
                 fense.

                     Subtitle B—Government-Wide Matters

Sec. 1111. One-year extension of temporary authority to grant allowances, bene-
                fits, and gratuities to civilian personnel on official duty in a
                combat zone.
Sec. 1112. One-year extension of authority to waive annual limitation on pre-
                mium pay and aggregate limitation on pay for Federal civilian
                employees working overseas.
Sec. 1113. Technical amendments to authority for reimbursement of Federal,
                State, and local income taxes incurred during travel, transpor-
                tation, and relocation.

       TITLE XII—MATTERS RELATING TO FOREIGN NATIONS

                      Subtitle A—Assistance and Training

Sec. 1201. Authority to build capacity for additional operations.
Sec. 1202. Authority to build capacity for air sovereignty operations.
Sec. 1203. Modification to the Inter-European Air Forces Academy.
Sec. 1204. Modification to support of special operations for irregular warfare.
Sec. 1205. Extension and modification of authority to support border security op-
                 erations of certain foreign countries.
Sec. 1206. Modification of authority for participation in multinational centers of
                 excellence.
Sec. 1207. Implementation of the Women, Peace, and Security Act of 2017.
Sec. 1208. Ted Stevens Center for Arctic Security Studies.
Sec. 1209. Functional Center for Security Studies in Irregular Warfare.
Sec. 1210. Open Technology Fund.

          Subtitle B—Matters Relating to Afghanistan and Pakistan

Sec. 1211. Extension and modification of authority for reimbursement of certain
                coalition nations for support provided to United States military
                operations.


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Sec. 1212. Extension and modification of Commanders’ Emergency Response Pro-
                 gram.
Sec. 1213. Extension and modification of support for reconciliation activities led
                 by the Government of Afghanistan.
Sec. 1214. Sense of Senate on special immigrant visa program for Afghan allies.
Sec. 1215. Sense of Senate and report on United States presence in Afghanistan.

             Subtitle C—Matters Relating to Syria, Iraq, and Iran

Sec. 1221. Extension of authority and limitation on use of funds to provide as-
                sistance 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 ac-
                tivities of the Office of Security Cooperation in Iraq.

     Subtitle D—Matters Relating to Europe and the Russian Federation
Sec. 1231. Extension of limitation on military cooperation between the United
                 States and the Russian Federation.
Sec. 1232. Prohibition on availability of funds relating to sovereignty of the Rus-
                 sian Federation over Crimea.
Sec. 1233. Modification and extension of Ukraine Security Assistance Initiative.
Sec. 1234. Report on capability and capacity requirements of military forces of
                 Ukraine and resource plan for security assistance.
Sec. 1235. Sense of Senate on North Atlantic Treaty Organization enhanced op-
                 portunities partner status for Ukraine.
Sec. 1236. Extension of authority for training for Eastern European national se-
                 curity forces in the course of multilateral exercises.
Sec. 1237. Sense of Senate on Kosovo and the role of the Kosovo Force of the
                 North Atlantic Treaty Organization.
Sec. 1238. Sense of Senate on strategic competition with the Russian Federation
                 and related activities of the Department of Defense.
Sec. 1239. Report on Russian Federation support of racially and ethnically moti-
                 vated violent extremists.
Sec. 1240. Participation in European program on multilateral exchange of sur-
                 face transportation services.
Sec. 1241. Participation in programs relating to coordination or exchange of air
                 refueling and air transportation services.
Sec. 1242. Sense of Congress on support for coordinated action to ensure the secu-
                 rity of Baltic allies.

            Subtitle E—Matters Relating to the Indo-Pacific Region

Sec. 1251. Pacific Deterrence Initiative.
Sec. 1252. Sense of Senate on the United States-Vietnam defense relationship.
Sec. 1253. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1254. Cooperative program with Vietnam to account for Vietnamese per-
                 sonnel missing in action.
Sec. 1255. Provision of goods and services at Kwajalein Atoll, Republic of the
                 Marshall Islands.
Sec. 1256. Authority to establish a Movement Coordination Center Pacific in the
                 Indo-Pacific region and participate in an Air Transport and
                 Air-to-Air Refueling and other Exchanges of Services program.
Sec. 1257. Training of ally and partner air forces in Guam.
Sec. 1258. Statement of policy and sense of Senate on the Taiwan Relations Act.


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Sec. 1259. Sense of Congress on port calls in Taiwan with the USNS Comfort
                 and the USNS Mercy .
Sec. 1260. Limitation on use of funds to reduce total number of members of the
                 Armed Forces serving on active duty who are deployed to the Re-
                 public of Korea.
Sec. 1261. Sense of Congress on co-development with Japan of a long-range
                 ground-based anti-ship cruise missile system.
Sec. 1262. Statement of policy on cooperation in the Indo-Pacific region.
Sec. 1263. Extension of prohibition on commercial export of certain munitions to
                 the Hong Kong Police Force.
Sec. 1264. Implementation of the Asia Reassurance Initiative Act with regard to
                 Taiwan arms sales.

                              Subtitle F—Reports

Sec. 1271. Review of and report on overdue acquisition and cross-servicing agree-
                 ment transactions.
Sec. 1272. Report on burden sharing contributions by designated countries.
Sec. 1273. Report on risk to personnel, equipment, and operations due to Huawei
                 5G architecture in host countries.
Sec. 1274. Allied burden sharing report.

                           Subtitle G—Other Matters

Sec. 1281. Reciprocal patient movement agreements.
Sec. 1282. Extension of authorization of non-conventional assisted recovery capa-
                 bilities.
Sec. 1283. Extension of Department of Defense support for stabilization activities
                 in national security interest of the United States.
Sec. 1284. Notification with respect to withdrawal of members of the Armed
                 Forces participating in the Multinational Force and Observers
                 in Egypt.
Sec. 1285. Modification to initiative to support protection of national security
                 academic researchers from undue influence and other security
                 threats.
Sec. 1286. Establishment of United States-Israel Operations-Technology Working
                 Group.
Sec. 1287. Improved coordination of United States sanctions policy.

      Subtitle H—Robert Levinson Hostage Recovery and Hostage-Taking
                            Accountability Act

Sec. 1291. Short title.
Sec. 1292. Assistance for United States nationals unlawfully or wrongfully de-
                 tained abroad.
Sec. 1293. Special Envoy for Hostage Affairs.
Sec. 1294. Hostage Recovery Fusion Cell.
Sec. 1295. Hostage Response Group.
Sec. 1296. Authorization of imposition of sanctions.
Sec. 1297. Definitions.
Sec. 1298. Rule of construction.

            TITLE XIII—COOPERATIVE THREAT REDUCTION

Sec. 1301. Funding allocations for Department of Defense Cooperative Threat Re-
                duction Program.


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                  TITLE XIV—OTHER AUTHORIZATIONS

                        Subtitle A—Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.

                  Subtitle B—Armed Forces Retirement Home

Sec. 1411. Authorization of appropriations for Armed Forces Retirement Home.
Sec. 1412. Periodic inspections of Armed Forces Retirement Home facilities by
                 nationally recognized accrediting organization.
Sec. 1413. Expansion of eligibility for residence at the Armed Forces Retirement
                 Home.

                           Subtitle C—Other Matters

Sec. 1421. Authority for transfer of funds to joint Department of Defense-Depart-
                ment of Veterans Affairs Medical Facility Demonstration Fund
                for Captain James A. Lovell Health Care Center, Illinois.

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR
           OVERSEAS CONTINGENCY OPERATIONS

                  Subtitle A—Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. Defense Health Program.

                         Subtitle B—Financial Matters

Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.

                           Subtitle C—Other Matters

Sec. 1531. Afghanistan Security Forces Fund.
Sec. 1532. Transition and enhancement of inspector general authorities for Af-
                ghanistan reconstruction.

  TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE
                        MATTERS

                          Subtitle A—Space Activities

Sec. 1601. Resilient and survivable positioning, navigation, and timing capabili-
                 ties.
Sec. 1602. Development efforts for National Security Space Launch providers.

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Sec. 1603. Timeline for nonrecurring design validation for responsive space
                 launch.
Sec. 1604. Tactically responsive space launch operations.
Sec. 1605. Conforming amendments relating to reestablishment of Space Com-
                 mand.
Sec. 1606. Space Development Agency development requirements and transfer to
                 Space Force.
Sec. 1607. Space launch rate assessment.
Sec. 1608. Report on impact of acquisition strategy for the National Security
                 Space Launch Program on emerging foreign space launch pro-
                 viders.
Sec. 1609. Leveraging commercial satellite remote sensing.

                    Subtitle B—Cyberspace-Related Matters

Sec. 1611. Modification of position of Principal Cyber Advisor.
Sec. 1612. Framework for cyber hunt forward operations.
Sec. 1613. Modification of scope of notification requirements for sensitive mili-
                 tary cyber operations.
Sec. 1614. Modification of requirements for quarterly Department of Defense
                 cyber operations briefings for Congress.
Sec. 1615. Rationalization and integration of parallel cybersecurity architectures
                 and operations.
Sec. 1616. Modification of acquisition authority of Commander of United States
                 Cyber Command.
Sec. 1617. Assessment of cyber operational planning and deconfliction policies
                 and processes.
Sec. 1618. Pilot program on cybersecurity capability metrics.
Sec. 1619. Assessment of effect of inconsistent timing and use of Network Address
                 Translation in Department of Defense networks.
Sec. 1620. Matters concerning the College of Information and Cyberspace at Na-
                 tional Defense University.
Sec. 1621. Modification of mission of cyber command and assignment of cyber
                 operations forces.
Sec. 1622. Integration of Department of Defense user activity monitoring and cy-
                 bersecurity.
Sec. 1623. Defense industrial base cybersecurity sensor architecture plan.
Sec. 1624. Extension of Cyberspace Solarium Commission to track and assess im-
                 plementation.
Sec. 1625. Review of regulations and promulgation of guidance relating to Na-
                 tional Guard responses to cyber attacks.
Sec. 1626. Improvements relating to the quadrennial cyber posture review.
Sec. 1627. Report on enabling United States Cyber Command resource allocation.
Sec. 1628. Evaluation of options for establishing a cyber reserve force.
Sec. 1629. Ensuring cyber resiliency of nuclear command and control system.
Sec. 1630. Modification of requirements relating to the Strategic Cybersecurity
                 Program and the evaluation of cyber vulnerabilities of major
                 weapon systems of the Department of Defense.
Sec. 1631. Defense industrial base participation in a cybersecurity threat intel-
                 ligence sharing program.
Sec. 1632. Assessment on defense industrial base cybersecurity threat hunting.
Sec. 1633. Assessing risk to national security of quantum computing.
Sec. 1634. Applicability of reorientation of Big Data Platform program to De-
                 partment of Navy.



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Sec. 1635. Expansion of authority for access and information relating to cyber
                 attacks on operationally critical contractors of the Armed Forces.
Sec. 1636. Requirements for review of and limitations on the Joint Regional Se-
                 curity Stacks activity.
Sec. 1637. Independent assessment of establishment of a National Cyber Director.
Sec. 1638. Modification of authority to use operation and maintenance funds for
                 cyber operations-peculiar capability development projects.
Sec. 1639. Personnel management authority for Commander of United States
                 Cyber Command and development program for offensive cyber
                 operations.
Sec. 1640. Implementation of information operations matters.
Sec. 1641. Report on Cyber Institutes Program.
Sec. 1642. Assistance for small manufacturers in the defense industrial supply
                 chain on matters relating to cybersecurity.
Sec. 1643. Study on cyberexploitation of members of the Armed Forces and their
                 families.

                            Subtitle C—Nuclear Forces

Sec. 1651. Modification to responsibilities of Nuclear Weapons Council.
Sec. 1652. Responsibility of Nuclear Weapons Council in preparation of National
                 Nuclear Security Administration budget.
Sec. 1653. Modification of Government Accountability Office review of annual re-
                 ports on nuclear weapons enterprise.
Sec. 1654. Prohibition on reduction of the intercontinental ballistic missiles of the
                 United States.
Sec. 1655. Sense of the Senate on nuclear cooperation between the United States
                 and the United Kingdom.

                      Subtitle D—Missile Defense Programs

Sec. 1661. Iron Dome short-range rocket defense system and Israeli cooperative
                 missile defense program co-development and co-production.
Sec. 1662. Acceleration of the deployment of hypersonic and ballistic tracking
                 space sensor payload.
Sec. 1663. Extension of prohibition relating to missile defense information and
                 systems.
Sec. 1664. Report on and limitation on expenditure of funds for layered home-
                 land missile defense system.
Sec. 1665. Extension of requirement for Comptroller General review and assess-
                 ment of missile defense acquisition programs.
Sec. 1666. Repeal of requirement for reporting structure of Missile Defense Agen-
                 cy.
Sec. 1667. Ground-based midcourse defense interim capability.

                TITLE XVII—HONG KONG AUTONOMY ACT

Sec. 1701. Short title.
Sec. 1702. Definitions.
Sec. 1703. Findings.
Sec. 1704. Sense of Congress regarding Hong Kong.
Sec. 1705. Identification of foreign persons involved in the erosion of the obliga-
                 tions of China under the Joint Declaration or the Basic Law
                 and foreign financial institutions that conduct significant trans-
                 actions with those persons.



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Sec. 1706. Sanctions with respect to foreign persons that contravene the obliga-
                 tions of China under the Joint Declaration or the Basic Law.
Sec. 1707. Sanctions with respect to foreign financial institutions that conduct
                 significant transactions with foreign persons that contravene the
                 obligations of China under the Joint Declaration or the Basic
                 Law.
Sec. 1708. Waiver, termination, exceptions, and congressional review process.
Sec. 1709. Implementation; penalties.
Sec. 1710. Rule of construction.
Sec. 1711. Exception relating to importation of goods.

      DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by
                  law.
Sec. 2003. Effective date.

              TITLE XXI—ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out fiscal year 2017 project at
                 Camp Walker, Korea.

              TITLE XXII—NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.

          TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out fiscal year 2018 project at
                 Royal Air Force Lakenheath.
Sec. 2306. Modification of authority to carry out certain fiscal year 2019
                 projects.
Sec. 2307. Modification of authority to carry out certain fiscal year 2020 family
                 housing projects.
Sec. 2308. Modification of authority to carry out certain fiscal year 2020
                 projects.

    TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION

Sec. 2401. Authorized Defense Agencies construction and land acquisition
                projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment Program
                projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.




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                TITLE XXV—INTERNATIONAL PROGRAMS

Subtitle A—North Atlantic Treaty Organization Security Investment Program

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Sec. 2503. Execution of projects under the North Atlantic Treaty Organization
                Security Investment Program.

               Subtitle B—Host Country In-Kind Contributions

Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Qatar funded construction projects.

       TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land acquisition
                 projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and
                 land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition
                 projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition
                 projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out fiscal year 2020 project in Ala-
                 bama.

   TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES

Sec. 2701. Authorization of appropriations for base realignment and closure ac-
                 tivities funded through Department of Defense Base Closure Ac-
                 count.
Sec. 2702. Prohibition on conducting additional base realignment and closure
                 (BRAC) round.
Sec. 2703. Plan to finish remediation activities conducted by the Secretary of the
                 Army in Umatilla, Oregon.

       TITLE XXVIII—MILITARY CONSTRUCTION AND GENERAL
                          PROVISIONS

                  Subtitle A—Military Construction Program

Sec. 2801. Responsibility of Navy for military construction requirements for cer-
                 tain Fleet Readiness Centers.
Sec. 2802. Construction of ground-based strategic deterrent launch facilities and
                 launch centers for Air Force.

                     Subtitle B—Military Family Housing

Sec. 2821. Prohibition on substandard family housing units.
Sec. 2822. Technical corrections to privatized military housing program.
Sec. 2823. Requirement that Secretary of Defense implement recommendations re-
                 lating to military family housing contained in report by Inspec-
                 tor General of Department of Defense.




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            Subtitle C—Project Management and Oversight Reforms

Sec. 2841. Promotion of energy resilience and energy security in privatized util-
                 ity systems.
Sec. 2842. Consideration of energy security and energy resilience in life-cycle cost
                 for military construction.

                         Subtitle D—Land Conveyances

Sec. 2861. Renewal of Fallon Range Training Complex land withdrawal and res-
                ervation.
Sec. 2862. Renewal of Nevada Test and Training Range land withdrawal and
                reservation.
Sec. 2863. Transfer of land under the administrative jurisdiction of the Depart-
                ment of the Interior within Naval Support Activity Panama
                City, Florida.
Sec. 2864. Land conveyance, Camp Navajo, Arizona.

                            Subtitle E—Other Matters

Sec. 2881. Military family readiness considerations in basing decisions.
Sec. 2882. Prohibition on use of funds to reduce air base resiliency or demolish
                 protected aircraft shelters in the European theater without cre-
                 ating a similar protection from attack.
Sec. 2883. Prohibitions relating to closure or returning to host nation of existing
                 bases under the European Consolidation Initiative.
Sec. 2884. Enhancement of authority to accept conditional gifts of real property
                 on behalf of military museums.
Sec. 2885. Equal treatment of insured depository institutions and credit unions
                 operating on military installations.
Sec. 2886. Report on operational aviation units impacted by noise restrictions or
                 noise mitigation measures.
Sec. 2887. Transfer of funds for Oklahoma City national memorial endowment
                 fund.

   TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY
                      CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition projects.
Sec. 2903. Authorization of appropriations.
Sec. 2904. Replenishment of certain military constructions funds.

    DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY
         AUTHORIZATIONS AND OTHER AUTHORIZATIONS

    TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
                       PROGRAMS

          Subtitle A—National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.




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     Subtitle B—Budget of the National Nuclear Security Administration

Sec. 3111. Review of adequacy of nuclear weapons budget.

                          Subtitle C—Personnel Matters

Sec. 3121. National Nuclear Security Administration Personnel System.
Sec. 3122. Inclusion of certain employees and contractors of Department of En-
                 ergy in definition of public safety officer for purposes of certain
                 death benefits.
Sec. 3123. Reimbursement for liability insurance for nuclear materials couriers.
Sec. 3124. Transportation and moving expenses for immediate family of deceased
                 nuclear materials couriers.
Sec. 3125. Extension of authority for appointment of certain scientific, engineer-
                 ing, and technical personnel.

                            Subtitle D—Cybersecurity

Sec. 3131. Reporting on penetrations of networks of contractors and subcontrac-
                 tors.
Sec. 3132. Clarification of responsibility for cybersecurity of National Nuclear
                 Security Administration facilities.

                   Subtitle E—Defense Environmental Cleanup

Sec. 3141. Public statement of environmental liabilities for facilities undergoing
                 defense environmental cleanup.
Sec. 3142. Inclusion of missed milestones in future-years defense environmental
                 cleanup plan.
Sec. 3143. Classification of defense environmental cleanup as capital asset
                 projects or operations activities.
Sec. 3144. Continued analysis of approaches for supplemental treatment of low-
                 activity waste at Hanford Nuclear Reservation.

                            Subtitle F—Other Matters

Sec. 3151. Modifications to enhanced procurement authority to manage supply
                 chain risk.
Sec. 3152. Prohibition on use of laboratory- or production facility-directed re-
                 search and development funds for general and administrative
                 overhead costs.
Sec. 3153. Monitoring of industrial base for nuclear weapons components, sub-
                 systems, and materials.
Sec. 3154. Prohibition on use of funds for advanced naval nuclear fuel system
                 based on low-enriched uranium.
Sec. 3155. Authorization of appropriations for W93 nuclear warhead program.
Sec. 3156. Review of future of computing beyond exascale at the National Nuclear
                 Security Administration.
Sec. 3157. Application of requirement for independent cost estimates and reviews
                 to new nuclear weapon systems.
Sec. 3159. Integration of stockpile stewardship and nonproliferation missions
Sec. 3160. Technology development and integration program.
Sec. 3161. Advanced manufacturing development program.
Sec. 3162. Materials science program.
Sec. 3163. Modifications to Inertial Confinement Fusion Ignition and High Yield
                 Program.
Sec. 3164. Earned value management program for life extension programs.

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Sec. 3165. Use of high performance computing capabilities for COVID–19 re-
                 search.
Sec. 3166. Availability of stockpile responsiveness funds for projects to reduce
                 time necessary to execute a nuclear test.
Sec. 3167. Sense of the Senate on extension of limitations on importation of ura-
                 nium from Russian Federation.

   TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear Facilities Safe-
                ty Board.
Sec. 3203. Improvements to operations of Defense Nuclear Facilities Safety
                Board.

               TITLE XXXV—MARITIME ADMINISTRATION
Sec. 3501. Maritime Administration.

                      DIVISION D—FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.

                        TITLE XLI—PROCUREMENT

Sec. 4101. PROCUREMENT.
Sec. 4102. Procurement for overseas contingency operations.

 TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas contingency
                 operations.

             TITLE XLIII—OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency operations.

                   TITLE XLIV—MILITARY PERSONNEL

Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.

                  TITLE XLV—OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.

                 TITLE XLVI—MILITARY CONSTRUCTION

Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.

   TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY
                       PROGRAMS

Sec. 4701. Department of Energy national security programs.



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                 DIVISION E—ADDITIONAL PROVISIONS

                         TITLE LI—PROCUREMENT

                          Subtitle B—Army Programs

Sec. 5111. Report on CH–47F Chinook Block–II upgrade.

                          Subtitle C—Navy Programs

Sec. 5121. Limitation on alteration of Navy fleet mix.

  TITLE LII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

       Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 5211. Importance of historically Black colleges and universities and minor-
                ity-serving institutions.

                       Subtitle C—Sustainable Chemistry

Sec. 5221. National coordinating entity for sustainable chemistry.
Sec. 5222. Strategic plan for sustainable chemistry.
Sec. 5223. Agency activities in support of sustainable chemistry.
Sec. 5224. Partnerships in sustainable chemistry.
Sec. 5225. Prioritization.
Sec. 5226. Rule of construction.
Sec. 5227. Major multi-user research facility project.

                      Subtitle D—Cyber Workforce Matters

Sec. 5231. Improving National Initiative for Cybersecurity Education.
Sec. 5232. Development of standards and guidelines for improving cybersecurity
                 workforce of Federal agencies.
Sec. 5233. Modifications to Federal cyber scholarship-for-service program.
Sec. 5234. Modifications to Federal cyber scholarship-for-service program.
Sec. 5235. Cybersecurity in programs of the National Science Foundation.
Sec. 5236. Cybersecurity in STEM programs of the National Aeronautics and
                 Space Administration.
Sec. 5237. Cybersecurity in Department of Transportation programs.
Sec. 5238. National Cybersecurity Challenges.
Sec. 5239. Internet of Things.

                 Subtitle E—Plans, Reports, and Other Matters

Sec. 5241. Report on Department of Defense strategy on artificial intelligence
                 standards.
Sec. 5242. Study on establishment of energetics program office.
Sec. 5243. Deepfake report.
Sec. 5244. CISA Director.
Sec. 5245. Agency review.
Sec. 5246. General Services Administration review.

              TITLE LIII—OPERATION AND MAINTENANCE

                     Subtitle C—Logistics and Sustainment

Sec. 5331. Use of cost savings realized from intergovernmental services agreements
                 for installation-support services.

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                              Subtitle D—Reports

Sec. 5351. Report on non-permissive, global positioning system denied airfield ca-
                pabilities.

                           Subtitle E—Other Matters

Sec. 5371. Increase of amounts available to Marine Corps for base operations and
                 support.
Sec. 5372. Modernization of congressional reports process.

               TITLE LV—MILITARY PERSONNEL POLICY

                    Subtitle C—General Service Authorities

Sec. 5516. Report on implementation of recommendations of the Comptroller Gen-
                eral of the United States on recruitment and retention of female
                members of the Armed Forces.

                      Subtitle F—Decorations and Awards

Sec. 5551. Report on regulations and procedures to implement programs on
                award of medals or commendations to handlers of military
                working dogs.

  Subtitle G—Defense Dependents’ Education and Military Family Readiness
                                  Matters

              PART II—MILITARY FAMILY READINESS MATTERS
Sec. 5571. Independent study and report on military spouse underemployment.

                           Subtitle H—Other Matters

Sec. 5586. Questions regarding racism, anti-Semitism, and supremacism in
                 workplace surveys administered by the Secretary of Defense.
Sec. 5587. Briefing on the implementation of requirements on connections of re-
                 tiring and separating members of the Armed Forces with com-
                 munity-based organizations and related entities.
Sec. 5590. Pilot programs on remote provision by National Guard to State gov-
                 ernments and National Guards of other States of cybersecurity
                 technical assistance in training, preparation, and response to
                 cyber incidents.

                TITLE LVII—HEALTH CARE PROVISIONS

           Subtitle A—TRICARE and Other Health Care Provisions

Sec. 5707. Pilot program on receipt of non-generic prescription maintenance
                 medications under TRICARE pharmacy benefits program.

                    Subtitle B—Health Care Administration

Sec. 5723. Authority of Secretary of Defense to waive requirements during na-
                tional emergencies for purposes of provision of health care.




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                    Subtitle C—Reports and Other Matters

Sec. 5741. Study and report on surge capacity of Department of Defense to estab-
                lish negative air room containment systems in military medical
                treatment facilities.

  TITLE LVIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,
                   AND RELATED MATTERS

                      Subtitle A—Industrial Base Matters

Sec. 5801. Report on use of domestic nonavailability determinations.
Sec. 5802. Report on the effect of the Defense Manufacturing Communities Sup-
                 port Program on the defense supply chain.
Sec. 5803. Improving implementation of policy pertaining to the national tech-
                 nology and industrial base.
Sec. 5808. Additional requirements pertaining to printed circuit boards.
Sec. 5812. Miscellaneous limitations on the procurement of goods other than
                 United States goods.

 Subtitle C—Amendments to General Contracting Authorities, Procedures, and
                              Limitations

Sec. 5841. Waivers of certain conditions for progress payments under certain con-
                tracts during the COVID–19 national emergency.

                      Subtitle E—Small Business Matters

Sec. 5871. Office of Small Business and Disadvantaged Business Utilization.
Sec. 5872. Eligibility of the Commonwealth of the Northern Mariana Islands for
                  certain Small Business Administration programs.
Sec. 5873. Disaster declaration in rural areas.
Sec. 5874. Temporary extension for 8(a) participants.
Sec. 5875. Maximum award price for sole source manufacturing contracts.
Sec. 5876. Annual reports regarding the SBIR program of the Department of De-
                  fense.
Sec. 5877. Small business loans for nonprofit child care providers.

                           Subtitle G—Other Matters

Sec. 5891. Listing of other transaction authority consortia.
Sec. 5892. Report recommending disposition of notes to certain sections of title
                 10, United States Code.
Sec. 5893. Applicability of reporting requirement related to notional milestones
                 and standard timelines for foreign military sales.
Sec. 5894. Additional requirements related to mitigating risks related to foreign
                 ownership, control, or influence of Department of Defense con-
                 tractors and subcontractors.

    TITLE LIX—DEPARTMENT OF DEFENSE ORGANIZATION AND
                      MANAGEMENT

  Subtitle D—Organization and Management of Other Department of Defense
                           Offices and Elements

Sec. 5951. Comptroller General of the United States report on vulnerabilities of
                the Department of Defense resulting from offshore technical sup-
                port call centers.

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                     TITLE LX—GENERAL PROVISIONS

                         Subtitle A—Financial Matters

Sec. 6001. Under Secretary of Defense (Comptroller) reports on improving the
                 budget justification and related materials of the Department of
                 Defense.
Sec. 6002. Report on fiscal year 2022 budget request requirements in connection
                 with Air Force operations in the Arctic.
Sec. 6003. Providing information to States regarding undelivered savings bonds.

             Subtitle E—Miscellaneous Authorities and Limitations

Sec. 6046. Conditions for permanently basing United States equipment or addi-
                 tional military units in host countries with at-risk vendors in
                 5G or 6G networks.
Sec. 6047. Antidiscrimination.

                        Subtitle F—Studies and Reports

Sec. 6061. Maritime security and domain awareness.
Sec. 6062. Report on pandemic preparedness and planning of the Navy.
Sec. 6063. Study and report on the affordability of insulin.

                           Subtitle G—Other Matters

Sec. 6081. Modification to First Division monument.
Sec. 6082. Estimate of damages from Federal Communications Commission
                 Order 20–48.
Sec. 6083. Diesel emissions reduction.
Sec. 6084. Utilizing significant emissions with innovative technologies.
Sec. 6085. Legal assistance for veterans and surviving spouses and dependents.
Sec. 6086. Silver Star Service Banner Day.
Sec. 6087. Established Program to Stimulate Competitive Research.
Sec. 6088. Subpoena authority.
Sec. 6089. Thad Cochran headquarters building.
Sec. 6090. Comptroller General of the United States report on handling by De-
                 partment of Veterans Affairs of disability-related benefits claims
                 by veterans with type 1 diabetes who were exposed to a herbicide
                 agent.
Sec. 6091. Special rules for certain monthly workers’ compensation payments and
                 other payments for Federal Government personnel under chief of
                 mission authority.

                      Subtitle H—Industries of the Future

Sec. 6094A. Short title.
Sec. 6094B. Report on Federal research and development focused on industries of
                the future.
Sec. 6094C. Industries of the Future Coordination Council.

                             Subtitle I—READI Act

Sec. 6096. Short title.
Sec. 6096A. Definitions.
Sec. 6096B. Wireless Emergency Alerts System offerings.
Sec. 6096C. State Emergency Alert System Plans and Emergency Communica-
                 tions Committees.

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Sec. 6096D. Integrated public alert and warning system guidance.
Sec. 6096E. False alert reporting.
Sec. 6096F. Repeating Emergency Alert System messages for national security.
Sec. 6096G. Internet and online streaming services emergency alert examination.

       TITLE LXII—MATTERS RELATING TO FOREIGN NATIONS

           Subtitle B—Matters Relating to Afghanistan and Pakistan

Sec. 6211. Congressional oversight of United States talks with Taliban officials
                and Afghanistan’s comprehensive peace process.

     Subtitle D—Matters Relating to Europe and the Russian Federation

Sec. 6231. Clarification and expansion of sanctions relating to construction of
                 Nord Stream 2 or TurkStream pipeline projects.
Sec. 6235. Sense of Senate on admission of Ukraine to the North Atlantic Treaty
                 Organization Enhanced Opportunities Partnership Program.

            Subtitle E—Matters Relating to the Indo-Pacific Region

Sec. 6251. Pilot program to improve cyber cooperation with Vietnam, Thailand,
                 and Indonesia.

                               Subtitle F—Reports

Sec. 6273. Report on risk to personnel, equipment, and operations due to Huawei
                5G architecture in host countries.

                           Subtitle G—Other Matters

Sec. 6281. Comparative studies on defense budget transparency of the People’s Re-
                 public of China, the Russian Federation, and the United States.
Sec. 6282. Modification to initiative to support protection of national security
                 academic researchers from undue influence and other security
                 threats.
Sec. 6283. Sense of Senate on United States-Israel cooperation on precision-guid-
                 ed munitions.
Sec. 6284. Blocking deadly fentanyl imports.
Sec. 6286. Establishment of United States-Israel Operations-Technology Working
                 Group.

              Subtitle H—United States-Israel Security Assistance

Sec. 6290. Short title.
Sec. 6290A. Definition.

                CHAPTER 1—SECURITY ASSISTANCE FOR ISRAEL
Sec. 6291. Findings.
Sec. 6292. Statement of policy.
Sec. 6293. Security assistance for Israel.
Sec. 6294. Extension of war reserves stockpile authority.
Sec. 6295. Extension of loan guarantees to Israel.
Sec. 6296. Transfer of precision guided munitions to Israel.
Sec. 6297. Sense of Congress on rapid acquisition and deployment procedures.
Sec. 6298. Eligibility of Israel for the strategic trade authorization exception to
                 certain export control licensing requirements.


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        CHAPTER 2—ENHANCED UNITED STATES-ISRAEL COOPERATION

Sec. 6299. United States Agency for International Development memoranda of
                understanding to enhance cooperation with Israel.
Sec. 6299A. Cooperative projects among the United States, Israel, and developing
                countries.
Sec. 6299B. Joint cooperative program related to innovation and high-tech for the
                Middle East region.
Sec. 6299C. Sense of Congress on United States-Israel economic cooperation.
Sec. 6299D. Cooperation on directed energy capabilities.
Sec. 6299E. Plans to provide Israel with necessary defense articles and services
                in a contingency.
Sec. 6299F. Other matters of cooperation.

 TITLE LXVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE
                        MATTERS

                    Subtitle B—Cyberspace Related Matters

Sec. 6611. Report on use of encryption by Department of Defense national secu-
                 rity systems.
Sec. 6612. Guidance and direction on use of direct hiring processes for artificial
                 intelligence professionals and other data science and software de-
                 velopment personnel.
Sec. 6613. Cybersecurity State Coordinator Act.
Sec. 6614. Cybersecurity Advisory Committee.
Sec. 6615. Cybersecurity Education and Training Assistance Program.

                           Subtitle C—Nuclear Forces

Sec. 6651. Report on electromagnetic pulse hardening of ground-based strategic
                deterrent weapons system.

             TITLE LXVII—NUCLEAR ENERGY LEADERSHIP

Sec. 6701. Advanced nuclear reactor research and development goals.
Sec. 6702. Nuclear energy strategic plan.
Sec. 6703. Versatile, reactor-based fast neutron source.
Sec. 6704. Advanced nuclear fuel security program.
Sec. 6705. University Nuclear Leadership Program.
Sec. 6706. Adjusting strategic petroleum reserve mandated drawdowns.

      TITLE LXXVIII—MILITARY CONSTRUCTION AND GENERAL
                          PROVISIONS

                  Subtitle A—Military Construction Program

Sec. 7801. Modification to authority for military construction projects for child
                 development centers at military installations.
Sec. 7802. Modification of construction of ground-based strategic deterrent launch
                 facilities and launch centers for the Air Force.

                     Subtitle B—Military Family Housing

Sec. 7821. Inclusion of assessment of performance metrics in annual publication
                 on use of incentive fees for privatized military housing projects.




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                          Subtitle D—Land Conveyances

Sec. 7861. Establishment of interagency committees on joint use of certain land
                 withdrawn from appropriation under public land laws.
Sec. 7862. Lease extension for Bryan Multi-Sports Complex, Wayne County,
                 North Carolina.

                            Subtitle E—Other Matters

Sec. 7881. Sense of Congress on relocation of Joint Spectrum Center.

   DIVISION F—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL
                         YEAR 2021

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

                 TITLE XCI—INTELLIGENCE ACTIVITIES

Sec. 9101. Authorization of appropriations.
Sec. 9102. Classified Schedule of Authorizations.
Sec. 9103. Intelligence Community Management Account.

 TITLE XCII—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                    DISABILITY SYSTEM

Sec. 9201. Authorization of appropriations.

         TITLE XCIII—INTELLIGENCE COMMUNITY MATTERS

              Subtitle A—General Intelligence Community Matters

Sec. 9301. Restriction on conduct of intelligence activities.
Sec. 9302. Increase in employee compensation and benefits authorized by law.
Sec. 9303. Clarification of authorities and responsibilities of National Manager
                 for National Security Telecommunications and Information Sys-
                 tems Security.
Sec. 9304. Continuity of operations plans for certain elements of the intelligence
                 community in the case of a national emergency.
Sec. 9305. Application of Executive Schedule level III to position of Director of
                 National Reconnaissance Office.
Sec. 9306. National Intelligence University.
Sec. 9307. Requiring facilitation of establishment of Social Media Data and
                 Threat Analysis Center.
Sec. 9308. Data collection on attrition in intelligence community.
Sec. 9309. Limitation on delegation of responsibility for program management of
                 information-sharing environment.
Sec. 9310. Improvements to provisions relating to intelligence community infor-
                 mation technology environment.
Sec. 9311. Requirements and authorities for Director of the Central Intelligence
                 Agency to improve education in science, technology, engineering,
                 arts, and mathematics.




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  Subtitle B—Reports and Assessments Pertaining to Intelligence Community

Sec. 9321. Assessment by the Comptroller General of the United States on efforts
                 of the intelligence community and the Department of Defense to
                 identify and mitigate risks posed to the intelligence community
                 and the Department by the use of direct-to-consumer genetic test-
                 ing by the Government of the People’s Republic of China.
Sec. 9322. Report on use by intelligence community of hiring flexibilities and ex-
                 pedited human resources practices to assure quality and diver-
                 sity in the workforce of the intelligence community.
Sec. 9323. Report on signals intelligence priorities and requirements.
Sec. 9324. Assessment of demand for student loan repayment program benefit.
Sec. 9325. Assessment of intelligence community demand for child care.
Sec. 9326. Open source intelligence strategies and plans for the intelligence com-
                 munity.

 TITLE XCIV—SECURITY CLEARANCES AND TRUSTED WORKFORCE
Sec. 9401. Exclusivity, consistency, and transparency in security clearance proce-
                 dures, and right to appeal.
Sec. 9402. Establishing process parity for security clearance revocations.
Sec. 9403. Federal policy on sharing of derogatory information pertaining to con-
                 tractor employees in the trusted workforce.

             TITLE XCV—REPORTS AND OTHER MATTERS

Sec. 9501. Report on attempts by foreign adversaries to build telecommunications
                 and cybersecurity equipment and services for, or to provide such
                 equipment and services to, certain allies of the United States.
Sec. 9502. Report on threats posed by use by foreign governments and entities of
                 commercially available cyber intrusion and surveillance tech-
                 nology.
Sec. 9503. Reports on recommendations of the Cyberspace Solarium Commission.
Sec. 9504. Assessment of critical technology trends relating to artificial intel-
                 ligence, microchips, and semiconductors and related supply
                 chains.
Sec. 9505. Combating Chinese influence operations in the United States and
                 strengthening civil liberties protections.
Sec. 9506. Annual report on corrupt activities of senior officials of the Chinese
                 Communist Party.
Sec. 9507. Report on corrupt activities of Russian and other Eastern European
                 oligarchs.
Sec. 9508. Report on biosecurity risk and disinformation by the Chinese Com-
                 munist Party and the Government of the People’s Republic of
                 China.
Sec. 9509. Report on effect of lifting of United Nations arms embargo on Islamic
                 Republic of Iran.
Sec. 9510. Report on Iranian activities relating to nuclear nonproliferation.
Sec. 9511. Sense of Congress on Third Option Foundation.




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 1   SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

 2       In this Act, the term ‘‘congressional defense commit-
 3 tees’’ has the meaning given that term in section 101(a)(16)
 4 of title 10, United States Code.
 5   SEC. 4. BUDGETARY EFFECTS OF THIS ACT.

 6       The budgetary effects of this Act, for the purposes of
 7 complying with the Statutory Pay-As-You-Go Act of 2010,
 8 shall be determined by reference to the latest statement titled
 9 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act,
10 jointly submitted for printing in the Congressional Record
11 by the Chairmen of the House and Senate Budget Commit-
12 tees, provided that such statement has been submitted prior
13 to the vote on passage in the House acting first on the con-
14 ference report or amendment between the Houses.
15     DIVISION A—DEPARTMENT OF
16      DEFENSE AUTHORIZATIONS
17        TITLE I—PROCUREMENT
18       Subtitle A—Authorization of
19              Appropriations
20   SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

21       Funds are hereby authorized to be appropriated for fis-
22 cal year 2021 for procurement for the Army, the Navy and
23 the Marine Corps, the Air Force, and Defense-wide activi-
24 ties, as specified in the funding table in section 4101.




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 1         Subtitle B—Army Programs
 2   SEC. 111. INTEGRATED AIR AND MISSILE DEFENSE ASSESS-

 3                    MENT.

4        (a) ASSESSMENT BY SECRETARY OF THE ARMY.—
 5             (1) IN GENERAL.—The Secretary of the Army
 6       shall conduct a classified assessment of the capability
 7       and capacity of current and planned integrated air
 8       and missile defense (IAMD) capabilities to meet com-
 9       batant commander requirements for major operations
10       against great-power competitors and other global op-
11       erations in support of the National Defense Strategy.
12             (2) ELEMENTS.—The assessment required by
13       paragraph (1) shall include the following:
14                     (A) Analysis and characterization of cur-
15             rent and emerging threats, including the fol-
16             lowing:
17                            (i) Cruise, hypersonic, and ballistic
18                     missiles.
19                            (ii) Unmanned aerial systems.
20                            (iii) Rockets.
21                            (iv) Other indirect fire.
22                            (v) Specific and meaningfully varied
23                     examples within each of subclauses (I)
24                     through (IV).



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1                    (B) Analysis of current and planned inte-
2             grated air and missile defense capabilities to
3             counter the threats analyzed and characterized
4             under subparagraph (A), including the following:
5                        (i) Projected timelines for development,
6                    procurement, and fielding of planned inte-
7                    grated air and missile defense capabilities.
8                        (ii) Projected capability gaps.
9                        (iii) Opportunities for acceleration or
10                   need for incorporation of interim capabili-
11                   ties to address current and projected gaps.
12                   (C) Analysis of current and planned capac-
13            ity to meet major contingency plan requirements
14            and ongoing global operations of the combatant
15            commands, including the following:
16                       (i) Current and planned numbers of
17                   integrated air and missile defense systems
18                   and formations, including munitions.
19                       (ii) Capacity gaps in addressing com-
20                   batant command requirements.
21                       (iii) Operations tempo stress on inte-
22                   grated air and missile defense formations
23                   and personnel.




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 1                         (iv) Plans of the Secretary to continue
 2                   to increase integrated air and missile de-
 3                   fense personnel and formations.
 4                   (D) Assessment of integrated air and mis-
 5            sile defense architecture and enabling command
 6            and control systems, including the following:
 7                         (i) A description of the integrated air
 8                   and missile defense architecture and compo-
 9                   nent counter unmanned aerial systems (C–
10                   UAS) sub-architecture.
11                         (ii) Identification of the enabling com-
12                   mand and control (C2) systems.
13                         (iii) Inter-connectivity of the enabling
14                   command and control systems.
15                         (iv) Compatibility of the enabling com-
16                   mand and control systems with planned
17                   Joint All Domain Command and Control
18                   (JADC2) architecture.
19                   (E) Assessment of proponency within the
20            Army of integrated air and missile defense and
21            counter unmanned aerial systems, including the
22            following:
23                         (i)   A    description   of   the   current
24                   proponency structure.




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 1                        (ii)   Adequacy      of   the    current
 2                   proponency structure to facilitate Army ex-
 3                   ecutive agency integrated air and missile
 4                   defense and counter unmanned aerial sys-
 5                   tems functions for the Department of De-
 6                   fense.
 7                        (iii) Benefits of establishing integrated
 8                   air and missile defense and counter un-
 9                   manned aerial systems centers of excellence
10                   to help focus Army and joint force efforts to
11                   achieving a functional integrated air and
12                   missile defense capability and capacity to
13                   meet requirements of the combatant com-
14                   mands.
15            (3) CHARACTERIZATION.—
16                   (A) IN GENERAL.—In carrying out para-
17            graph (2)(A), the Secretary shall avoid broad
18            characterizations that do not sufficiently distin-
19            guish between distinctly different threats in the
20            same general class.
21                   (B) EXAMPLE.—An example of a broad
22            characterization to be avoided under such para-
23            graph is ‘‘cruise missiles’’, since such character-
24            ization does not sufficiently distinguish between
25            current cruise missiles and emerging hypersonic


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 1             cruise missiles, which may require different ca-
 2             pabilities to counter them.
 3             (4) REPORT AND INTERIM BRIEFING.—
 4                    (A) INTERIM BRIEFING.—Not later than De-
 5             cember 15, 2020, the Secretary shall provide the
 6             Committee on Armed Services of the Senate and
 7             Committee on Armed Services of the House of
 8             Representatives a briefing on the assessment
 9             being conducted by the Secretary under para-
10             graph (1).
11                    (B) REPORT.—Not later than February 15,
12             2021, the Secretary shall submit to the Com-
13             mittee on Armed Services of the Senate and
14             Committee on Armed Services of the House of
15             Representatives a report on the findings of the
16             Secretary with respect to the assessment con-
17             ducted under paragraph (1).
18       (b) REVIEW BY VICE CHAIRMAN OF THE JOINT CHIEFS
19   OF STAFF.—

20             (1) REVIEW.—The Vice Chairman of the Joint
21       Chiefs of Staff shall review the assessment being con-
22       ducted under subsection (a)(1) for potential gaps in
23       capability and capacity to meet requirements of the
24       National Defense Strategy.




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 1             (2) REPORT.—Not later than April 15, 2021, the
 2       Vice Chairman of the Joint Chiefs of Staff shall sub-
 3       mit to the Committee on Armed Services of the Senate
 4       and Committee on Armed Services of the House of
 5       Representatives a report on the finding of the Vice
 6       Chairman with respect to the review conducted under
 7       paragraph (1).
 8   SEC. 112. REPORT AND LIMITATION ON INTEGRATED VIS-

 9                    UAL AUGMENTATION SYSTEM ACQUISITION.

10       (a) REPORT REQUIRED.—
11             (1) IN GENERAL.—Not later than August 15,
12       2021, the Secretary of the Army shall submit to the
13       congressional defense committees a report on the Inte-
14       grated Visual Augmentation System (IVAS) subse-
15       quent to the completion of operational testing.
16             (2) ELEMENTS REQUIRED.—The report required
17       by paragraph (1) shall include the following:
18                     (A) Certification of the IVAS acquisition
19             strategy, to include production model costs, full
20             rate production schedule, and identification of
21             any changes resulting from operational testing.
22                     (B) Certification of technology levels being
23             utilized in the full rate production model.




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 1                     (C) Certification of operational suitability
 2             and soldier acceptability of the production model
 3             IVAS.
 4       (b) LIMITATION ON USE OF FUNDS.—Not more than
 5 50 percent of the amounts authorized to be appropriated
 6 by this Act for fiscal year 2021 for procurement of the Inte-
 7 grated Visual Augmentation System may be obligated or
 8 expended until the Secretary submits to the congressional
 9 defense committees the report required under subsection (a).
10   SEC. 113. MODIFICATIONS TO REQUIREMENT FOR AN IN-

11                    TERIM     CRUISE   MISSILE   DEFENSE   CAPA-

12                    BILITY.

13       (a) PLAN.—Not later than January 15, 2021, the Sec-
14 retary of the Army shall submit to the congressional defense
15 committees the plan, including a timeline, to operationally
16 deploy or forward station the two batteries of interim cruise
17 missile defense capability procured pursuant to section 112
18 of the John S. McCain National Defense Authorization Act
19 for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1660)
20 in an operational theater or theaters.
21       (b) MODIFICATION OF WAIVER.—Section 112(b)(4) of
22 the John S. McCain National Defense Authorization Act for
23 Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1661)
24 is amended to read as follows:




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 1             ‘‘(4) WAIVER.—The Secretary of the Army may
 2       waive the deadlines specified in paragraph (1):
 3                     ‘‘(A) For the deadline specified in para-
 4             graph (1)(A), if the Secretary determines that
 5             sufficient funds have not been appropriated to
 6             enable the Secretary to meet such deadline.
 7                     ‘‘(B) For the deadline specified in para-
 8             graph (1)(B), if the Secretary submits to the con-
 9             gressional defense committees a certification
10             that—
11                          ‘‘(i) allocating resources toward pro-
12                     curement of an integrated enduring capa-
13                     bility would provide robust tiered and lay-
14                     ered protection to the joint force; or
15                          ‘‘(ii) additional time is required to
16                     complete training and preparation for oper-
17                     ational capability.’’.
18         Subtitle C—Navy Programs
19   SEC. 121. CONTRACT AUTHORITY FOR COLUMBIA-CLASS

20                    SUBMARINE PROGRAM.

21       (a) CONTRACT AUTHORITY.—The Secretary of the
22 Navy may enter into a contract, beginning with fiscal year
23 2021, for the procurement of up to two Columbia-class sub-
24 marines.




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 1       (b) INCREMENTAL FUNDING.—With respect to a con-
 2 tract entered into under subsection (a), the Secretary of the
 3 Navy may use incremental funding to make payments
 4 under the contract.
 5       (c) LIABILITY.—Any contract entered into under sub-
 6 section (a) shall provide that—
 7             (1) any obligation of the United States to make
 8       a payment under the contract is subject to the avail-
 9       ability of appropriations for that purpose; and
10             (2) total liability of the Federal Government for
11       termination of any contract entered into shall be lim-
12       ited to the total amount of funding obligated to the
13       contract at time of termination.
14   SEC. 122. LIMITATION ON NAVY MEDIUM AND LARGE UN-

15                    MANNED SURFACE VESSELS.

16       (a) MILESTONE B APPROVAL REQUIREMENTS.—Mile-
17 stone B approval may not be granted for a covered program
18 unless such program accomplishes prior to and incorporates
19 into such approval—
20             (1) qualification by the Senior Technical Author-
21       ity of—
22                     (A) at least two different main propulsion
23             engines and ancillary equipment, including the
24             fuel and lube oil systems; and




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 1                    (B) at least two different electrical genera-
 2             tors and ancillary equipment;
 3             (2) final results of test programs of engineering
 4       development models or prototypes for critical systems
 5       specified by the Senior Technical Authority in their
 6       final form, fit, and function and in a realistic envi-
 7       ronment; and
 8             (3) a determination by the milestone decision
 9       authority of the minimum number of vessels, discrete
10       test events, performance parameters to be tested, and
11       schedule required to complete initial operational test
12       and evaluation and demonstrate operational suit-
13       ability and operational effectiveness.
14       (b) QUALIFICATION REQUIREMENTS.—The qualifica-
15 tion required in subsection (a)(1) shall include a land-based
16 operational demonstration of such equipment in the vessel-
17 representative form, fit, and function for not less than 1,080
18 continuous hours without preventative maintenance, correc-
19 tive maintenance, emergent repair, or any other form of re-
20 pair or maintenance.
21       (c) REQUIREMENT TO USE QUALIFIED ENGINES AND
22 GENERATORS.—The Secretary of the Navy shall require
23 that covered programs use only main propulsion engines
24 and electrical generators that are qualified under subsection
25 (a)(1).


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1       (d) LIMITATION.—The Secretary of the Navy may not
2 release a detail design or construction request for proposals
3 or obligate funds from a procurement account for a covered
4 program until such program receives Milestone B approval
5 and the milestone decision authority notifies the congres-
6 sional defense committees, in writing, of the actions taken
7 to comply with the requirements under this section.
 8      (e) DEFINITIONS.—In this section:
 9            (1) The term ‘‘covered program’’ means a pro-
10      gram for—
11                   (A) medium unmanned surface vessels; or
12                   (B) large unmanned surface vessels.
13            (2) The term ‘‘Milestone B approval’’ has the
14      meaning given the term in section 2366(e)(7) of title
15      10, United States Code.
16            (3) The term ‘‘milestone decision authority’’
17      means the official within the Department of Defense
18      designated with the overall responsibility and author-
19      ity for acquisition decisions for the program, includ-
20      ing authority to approve entry of the program into
21      the next phase of the acquisition process.
22            (4) The term ‘‘Senior Technical Authority’’ has
23      the meaning given the term in section 8669b of title
24      10, United States Code.




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 1   SEC. 123. EXTENSION OF PROHIBITION ON AVAILABILITY

 2                    OF FUNDS FOR NAVY WATERBORNE SECU-

 3                    RITY BARRIERS.

 4       Section 130(a) of the John S. McCain National De-
 5 fense Authorization Act for Fiscal Year 2019 (Public Law
 6 115–232; 132 Stat. 1665), as amended by section 126 of
 7 the National Defense Authorization Act for Fiscal Year
 8 2020 (Public Law 116–92), is further amended by striking
 9 ‘‘for fiscal year 2019 or fiscal year 2020’’ and inserting
10 ‘‘for fiscal years 2019, 2020, or 2021’’.
11   SEC. 124. PROCUREMENT AUTHORITIES FOR CERTAIN AM-

12                    PHIBIOUS SHIPBUILDING PROGRAMS.

13       (a) CONTRACT AUTHORITY.—
14             (1) PROCUREMENT AUTHORIZED.—In fiscal year
15       2021, the Secretary of the Navy may enter into one
16       or more contracts for the procurement of three San
17       Antonio-class amphibious ships and one America-
18       class amphibious ship.
19             (2) PROCUREMENT IN CONJUNCTION WITH EXIST-
20       ING CONTRACTS.—The ships authorized to be procured

21       under paragraph (1) may be procured as additions to
22       existing contracts covering such programs.
23       (b) CERTIFICATION REQUIRED.—A contract may not
24 be entered into under subsection (a) unless the Secretary
25 of the Navy certifies to the congressional defense committees,
26 in writing, not later than 30 days before entry into the con-
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1 tract, each of the following, which shall be prepared by the
2 milestone decision authority for such programs:
3             (1) The use of such a contract is consistent with
4       the Department of the Navy’s projected force structure
5       requirements for amphibious ships.
6             (2) The use of such a contract will result in sig-
7       nificant savings compared to the total anticipated
8       costs of carrying out the program through annual
9       contracts. In certifying cost savings under the pre-
10      ceding sentence, the Secretary shall include a written
11      explanation of—
12                   (A) the estimated end cost and appropriated
13            funds by fiscal year, by hull, without the author-
14            ity provided in subsection (a);
15                   (B) the estimated end cost and appro-
16            priated funds by fiscal year, by hull, with the
17            authority provided in subsection (a);
18                   (C) the estimated cost savings or increase by
19            fiscal year, by hull, with the authority provided
20            in subsection (a);
21                   (D) the discrete actions that will accomplish
22            such cost savings or avoidance; and
23                   (E) the contractual actions that will ensure
24            the estimated cost savings are realized.




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 1                (3) There is a reasonable expectation that
 2       throughout the contemplated contract period the Sec-
 3       retary of the Navy will request funding for the con-
 4       tract at the level required to avoid contract cancella-
 5       tion.
 6                (4) There is a stable design for the property to
 7       be acquired and the technical risks associated with
 8       such property are not excessive.
 9                (5) The estimates of both the cost of the contract
10       and the anticipated cost avoidance through the use of
11       a contract authorized under subsection (a) are real-
12       istic.
13                (6) The use of such a contract will promote the
14       national security of the United States.
15                (7) During the fiscal year in which such contract
16       is to be awarded, sufficient funds will be available to
17       perform the contract in such fiscal year, and the fu-
18       ture-years defense program (as defined under section
19       221 of title 10, United States Code) for such fiscal
20       year will include the funding required to execute the
21       program without cancellation.
22       (c) AUTHORITY FOR ADVANCE PROCUREMENT.—The
23 Secretary of the Navy may enter into one or more contracts
24 for advance procurement associated with a vessel or vessels
25 for which authorization to enter into a contract is provided


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 1 under subsection (a), and for systems and subsystems asso-
 2 ciated with such vessels in economic order quantities when
 3 cost savings are achievable.
 4          (d) CONDITION      FOR      OUT-YEAR CONTRACT PAY-
 5   MENTS.—A contract entered into under subsection (a) shall

 6 provide that any obligation of the United States to make
 7 a payment under the contract for a fiscal year is subject
 8 to the availability of appropriations for that purpose for
 9 such fiscal year.
10          (e) MILESTONE DECISION AUTHORITY DEFINED.—In
11 this section. the term ‘‘milestone decision authority’’ has the
12 meaning given the term in section 2366a(d) of title 10,
13 United States Code.
14   SEC.    125.   FIGHTER   FORCE      STRUCTURE   ACQUISITION

15                     STRATEGY.

16          (a) REPORT REQUIRED.—Not later than March 1,
17 2021, the Secretary of the Navy shall submit to the congres-
18 sional defense committees a report with a fighter force struc-
19 ture acquisition strategy that is aligned with the results of
20 the independent studies required under section 1064 of the
21 National Defense Authorization Act for Fiscal Year 2018
22 (Public Law 115–91; 131 Stat. 1576).The strategy shall es-
23 tablish a minimum number of F–35 and Next Generation
24 Air Dominance (NGAD) aircraft that the Navy and Marine




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 1 Corps would be required to purchase each year to mitigate
 2 or manage strike fighter shortfalls.
 3       (b) LIMITATION ON DEVIATION FROM STRATEGY.—The
 4 Department of the Navy may not deviate from the acquisi-
 5 tion strategy established under subsection (a) until—
 6             (1) the Secretary of the Navy receives a waiver
 7       and justification from the Secretary of Defense; and
 8             (2) 30 days after the Secretary of the Navy noti-
 9       fies the congressional defense committees of the pro-
10       posed deviation.
11   SEC. 126. TREATMENT OF SYSTEMS ADDED BY CONGRESS

12                    IN FUTURE PRESIDENT’S BUDGET REQUESTS.

13       A procurement quantity of a system authorized by
14 Congress in a National Defense Authorization Act for a
15 given fiscal year that is subsequently appropriated by Con-
16 gress in an amount greater than the quantity of such system
17 included in the President’s annual budget request submitted
18 to Congress under section 1105 of title 31, United States
19 Code, for such fiscal year shall not be included as a new
20 procurement quantity in future annual budget requests.
21   SEC. 127. REPORT ON CARRIER WING COMPOSITION.

22       (a) REPORT.—Not later than May 1, 2021, the Sec-
23 retary of the Navy, in consultation with the Chief of Naval
24 Operations and Commandant of the Marine Corps, shall
25 submit to the congressional defense committees a report on


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 1 the optimal composition of the carrier air wing in 2030
 2 and 2040, as well as alternative force design concepts.
 3       (b) ELEMENTS.—The report required under subsection
 4 (a) shall include the following elements:
 5             (1) An analysis and justification used to reach
 6       the 50–50 mix of 4th and 5th generation aircraft for
 7       2030.
 8             (2) An analysis and justification for the optimal
 9       mix of carrier aircraft for 2040.
10             (3) A plan for incorporating unmanned aerial
11       vehicles and associated communication capabilities to
12       effectively implement the future force design.
13   SEC. 128. REPORT ON STRATEGY TO USE ALQ–249 NEXT

14                    GENERATION   JAMMER      TO   ENSURE   FULL

15                    SPECTRUM     ELECTROMAGNETIC        SUPERI-

16                    ORITY.

17       (a) REPORT.—Not later than July 30, 2021, the Sec-
18 retary of the Navy, in consultation with the Vice Chairman
19 of the Joint Chiefs, shall submit to the congressional defense
20 committees report with a strategy to ensure full spectrum
21 electromagnetic superiority using the ALQ–249 Next Gen-
22 eration Jammer.
23       (b) ELEMENTS.—The report required under subsection
24 (a) shall include the following elements:




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 1             (1) A description of the current procurement
 2       strategy of the ALQ–249 and the analysis of its capa-
 3       bility to meet the RF frequency ranges required in a
 4       National Defense Strategy (NDS) conflict.
 5             (2) An assessment of the ALQ–249’s compat-
 6       ibility and ability to synchronize non-kinetic fires
 7       using other Joint Electronic Warfare (EW) platforms.
 8             (3) A future model of an interlinked/inter-
 9       dependent electronic warfare menu of options for com-
10       manders at tactical, operational, and strategic levels.
11     Subtitle D—Air Force Programs
12   SEC. 141. ECONOMIC ORDER QUANTITY CONTRACTING AU-

13                    THORITY FOR F–35 JOINT STRIKE FIGHTER

14                    PROGRAM.

15       (a) AUTHORITY FOR ADVANCE PROCUREMENT AND
16 ECONOMIC ORDER QUANTITY.—The Secretary of Defense
17 may enter into one or more contracts, beginning with the
18 fiscal year 2020 program year, for the procurement of eco-
19 nomic order quantities of material and equipment for the
20 F–35 aircraft program for use in procurement contracts to
21 be awarded for such program during fiscal years 2021
22 through 2023.
23       (b) LIMITATION.—The total amount obligated in fiscal
24 year 2021 under all contracts entered into under subsection
25 (a) shall not exceed $493,000,000.


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 1       (c) PRELIMINARY FINDINGS.—Before entering into a
 2 contract under subsection (a), the Secretary shall make each
 3 of the following findings with respect to such contract:
 4             (1) The use of such a contract will result in sig-
 5       nificant savings of the total anticipated costs of car-
 6       rying out the program through annual contracts.
 7             (2) The minimum need for the property to be
 8       procured is expected to remain substantially un-
 9       changed during the contemplated contract period in
10       terms of production rate, procurement rate, and total
11       quantities.
12             (3) There is a reasonable expectation that,
13       throughout the contemplated contract period, the Sec-
14       retary will request funding for the contract at the
15       level required to avoid contract cancellation.
16             (4) There is a stable design for the property to
17       be procured, and the technical risks associated with
18       such property are not excessive.
19             (5) The estimates of both the cost of the contract
20       and the anticipated cost avoidance through the use of
21       an economic order quantity contract are realistic.
22             (6) Entering into the contract will promote the
23       national security interests of the United States.
24       (d) CERTIFICATION REQUIREMENT.—Except as pro-
25 vided in subsection (e), the Secretary of Defense may not


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1 enter into a contract under subsection (a) until 30 days
2 after the Secretary certifies to the congressional defense com-
3 mittees, in writing, that each of the following conditions
4 is satisfied:
5             (1) A sufficient number of end items of the sys-
6       tem being acquired under such contract have been de-
7       livered at or within the most recently available esti-
8       mates of the program acquisition unit cost or pro-
9       curement unit cost for such system to determine that
10      the estimates of the unit costs are realistic.
11            (2) During the fiscal year in which such contract
12      is to be awarded, sufficient funds will be available to
13      perform the contract in such fiscal year, and the fu-
14      ture-years defense program submitted to Congress
15      under section 221 of title 10, United States Code, for
16      that fiscal year will include the funding required to
17      execute the program without cancellation.
18            (3) The contract is a fixed-price type contract.
19            (4) The proposed contract provides for produc-
20      tion at not less than minimum economic rates given
21      the existing tooling and facilities.
22            (5) The Secretary has determined that each of
23      the conditions described in paragraphs (1) through
24      (6) of subsection (c) will be met by such contract and




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 1       has provided the basis for such determination to the
 2       congressional defense committees.
 3             (6) The determination under paragraph (5) was
 4       made after the completion of a cost analysis per-
 5       formed by the Director of Cost Assessment and Pro-
 6       gram Evaluation for the purpose of section 2334(f)(2)
 7       of title 10, United States Code, and the analysis sup-
 8       ports that determination.
 9       (e) EXCEPTION.—Notwithstanding subsection (d), the
10 Secretary of Defense may enter into a contract under sub-
11 section (a) on or after December 1, 2020, if—
12             (1) the Director of Cost Assessment and Program
13       Evaluation has not completed a cost analysis of the
14       preliminary findings made by the Secretary under
15       subsection (c) with respect to the contract;
16             (2) the Secretary certifies to the congressional de-
17       fense committees, in writing, that each of the condi-
18       tions described in paragraphs (1) through (5) of sub-
19       section (d) is satisfied; and
20             (3) a period of 30 days has elapsed following the
21       date on which the Secretary submits the certification
22       under paragraph (2).




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 1   SEC. 142. MINIMUM AIRCRAFT LEVELS FOR MAJOR MISSION

 2                    AREAS.

 3       (a) MINIMUM LEVELS.—Except as provided under
 4 subsection (b), the Secretary of the Air Force shall maintain
 5 the following minima, based on Primary Mission Aircraft
 6 Inventory (PMAI):
 7             (1) 1,182 Fighter aircraft.
 8             (2) 190 Attack Remotely Piloted Aircraft (RPA).
 9             (3) 92 Bomber aircraft.
10             (4) 412 Tanker aircraft.
11             (5) 230 Tactical airlift aircraft.
12             (6) 235 Strategic airlift aircraft.
13             (7) 84 Strategic Intelligence, Surveillance, and
14       Reconnaissance (ISR) aircraft.
15             (8) 106 Combat Search and Rescue (CSAR) air-
16       craft.
17       (b) EXCEPTIONS.—The Secretary of the Air Force may
18 reduce the number of aircraft in the PMAI of the Air Force
19 below the minima specified in subsection (a) only if—
20             (1) the Secretary certifies to the congressional de-
21       fense committees that such reduction is justified by
22       the results of the new capability and requirements
23       studies; and
24             (2) a period of 30 days has elapsed following the
25       date on which the certification is made to the congres-
26       sional defense committees under paragraph (1).
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 1       (c) APPLICABILITY.—The limitation in subsection (a)
 2 shall not apply to aircraft that the Secretary of the Air
 3 Force determines, on a case-by-case basis, to be no longer
 4 mission capable because of mishaps, other damage, or being
 5 uneconomical to repair.
 6   SEC. 143. MINIMUM OPERATIONAL SQUADRON LEVEL.

 7       As soon as practicable after the date of the enactment
 8 of this Act and subject to the availability of appropriations,
 9 the Secretary of the Air Force shall seek to achieve a min-
10 imum of not fewer than 386 available operational squad-
11 rons, or equivalent organizational units, within the Air
12 Force. In addition to the operational squadrons, the Sec-
13 retary shall strive to achieve the following primary mission
14 aircraft inventory (PMAI) numbers:
15             (1) 1,680 Fighter aircraft.
16             (2) 199 Persist attack remotely piloted aircraft
17       (RPA).
18             (3) 225 Bomber aircraft.
19             (4) 500 Air refueling aircraft.
20             (5) 286 Tactical airlift aircraft.
21             (6) 284 Strategic airlift aircraft.
22             (7) 55 Command and control aircraft.
23             (8) 105 Combat search and rescue (CSAR) air-
24       craft.




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 1              (9) 30 Intelligence, surveillance, and reconnais-
 2        sance (ISR) aircraft.
 3              (10) 179 Special operations aircraft.
 4              (11) 40 Electronic warfare (EW) aircraft.
 5   SEC. 144. MINIMUM AIR FORCE BOMBER AIRCRAFT LEVEL.

 6        The Secretary of Defense shall submit to the congres-
 7 sional defense committees recommendations for a minimum
 8 number of bomber aircraft, including penetrating bombers
 9 in addition to B–52H aircraft, to enable the Air Force to
10 carry out its long-range penetrating strike capability.
11   SEC. 145. F–35 GUN SYSTEM.

12        The Secretary of the Air Force shall begin the procure-
13 ment process for an alternate 25mm ammunition solution
14 that provides a true full-spectrum target engagement capa-
15 bility for the F–35A aircraft.
16   SEC. 146. PROHIBITION ON FUNDING FOR CLOSE AIR SUP-

17                     PORT INTEGRATION GROUP.

18        No funds authorized to be appropriated by this Act
19 may be obligated or expended for the Close Air Support In-
20 tegration Group (CIG) or its subordinate units at Nellis
21 Air Force Base, Nevada, and the Air Force may not utilize
22 personnel or equipment in support of the CIG or its subor-
23 dinate units.




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 1   SEC. 147. LIMITATION ON DIVESTMENT OF KC–10 AND KC–

 2                    135 AIRCRAFT.

 3       The Secretary of Defense may not divest KC–10 and
 4 KC–135 aircraft in excess of the following amounts:
 5             (1) In fiscal year 2021, 6 KC–10 aircraft, in-
 6       cluding only 3 from primary mission aircraft inven-
 7       tory (PMAI).
 8             (2) In fiscal year 2022, 12 KC–10 aircraft.
 9             (3) In fiscal year 2023, 12 KC–10 and 14 KC–
10       135 aircraft.
11   SEC. 148. LIMITATION ON RETIREMENT OF U–2 AND RQ–4

12                    AIRCRAFT.

13       (a) LIMITATION.—The Secretary of the Air Force may
14 not take any action that would prevent the Air Force from
15 maintaining the fleets of U–2 aircraft or RQ–4 aircraft in
16 their current, or improved, configurations and capabilities
17 until the Chairman of the Joint Requirements Oversight
18 Council certifies in writing to the appropriate committees
19 of Congress that the capability to be fielded at the same
20 time or before the retirement of the U–2 aircraft or RQ–
21 4 aircraft (as the case may be) would result in equal or
22 greater capability available to the commanders of the com-
23 batant commands and would not result in less capacity
24 available to the commanders of the combatant commands.




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 1        (b) WAIVER.—The Secretary of Defense may waive the
 2 certification requirement under subsection (a) with respect
 3 to U–2 aircraft or RQ–4 aircraft if the Secretary—
 4              (1) determines, after analyzing sufficient and
 5        relevant data, that a loss in capacity and capability
 6        will not prevent the combatant commanders from ac-
 7        complishing their missions at acceptable levels of risk;
 8        and
 9              (2) provides to the appropriate committees of
10        Congress a certification of such determination and
11        supporting analysis.
12        (c) APPROPRIATE COMMITTEES OF CONGRESS DE-
13   FINED.—In this section, the term ‘‘appropriate committees

14 of Congress’’ means—
15              (1) the Committee on Armed Services, the Com-
16        mittee on Appropriations, and the Select Committee
17        on Intelligence of the Senate; and
18              (2) the Committee on Armed Services, the Com-
19        mittee on Appropriations, and the Permanent Select
20        Committee on Intelligence of the House of Representa-
21        tives.
22   SEC. 149. LIMITATION ON DIVESTMENT OF F–15C AIRCRAFT

23                     IN THE EUROPEAN THEATER.

24        (a) IN GENERAL.—The Secretary of the Air Force may
25 not divest F–15C aircraft in the European theater until


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 1 the F–15EX aircraft is integrated into the Air Force and
 2 has begun bed down actions in the European theater.
 3         (b) WAIVER.—The Secretary of Defense, after consulta-
 4 tion with the Commander of the United States European
 5 Command (EUCOM), may waive the limitation under sub-
 6 section (a) if the Secretary certifies to Congress the divest-
 7 ment is required for the national defense and that there ex-
 8 ists sufficient resources at all times to meet NATO and
 9 EUCOM air superiority requirements for the European the-
10 ater.
11   SEC. 150. AIR BASE DEFENSE DEVELOPMENT AND ACQUISI-

12                    TION STRATEGY.

13         (a) STRATEGY REQUIRED.—Not later than March 1,
14 2021, the Chief of Staff of the Air Force (CSAF), in con-
15 sultation with the Chief of Staff of the Army (CSA), shall
16 submit to the congressional defense committees a develop-
17 ment and acquisition strategy to procure a capability to
18 protect air bases and prepositioned sites in contested envi-
19 ronments highlighted in the National Defense Strategy. The
20 strategy should ensure a solution that is effective against
21 current and emerging cruise missile and advanced
22 hypersonic missile threats.
23         (b) LIMITATION ON USE OF OPERATION AND MAINTE-
24   NANCE FUNDS.—Not more than 50 percent of the funds au-

25 thorized to be appropriated by this Act for fiscal year 2021


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 1 for operation and maintenance for the Office of the Sec-
 2 retary of the Air Force and the Office of the Secretary of
 3 the Army may be obligated or expended until 15 days after
 4 submission of the strategy required under subsection (a).
 5   SEC. 151. REQUIRED SOLUTION FOR KC–46 AIRCRAFT RE-

 6                    MOTE VISUAL SYSTEM LIMITATIONS.

 7       The Secretary of the Air Force shall develop and im-
 8 plement a complete, one-time solution to the KC–46 aircraft
 9 remote visual system (RVS) operational limitations. Not
10 later than October 1, 2020, the Secretary shall submit to
11 the congressional defense committees an implementation
12 strategy for the solution.
13   SEC. 152. ANALYSIS OF REQUIREMENTS AND ADVANCED

14                    BATTLE   MANAGEMENT   SYSTEM   CAPABILI-

15                    TIES.

16       (a) ANALYSIS.—Not later than April 1, 2021, the Sec-
17 retary of the Air Force, in consultation with the com-
18 manders of the combatant commands, shall develop an
19 analysis of current and future moving target indicator re-
20 quirements across the combatant commands and oper-
21 ational and tactical level command and control capabilities
22 the Advanced Battle Management System (ABMS) will re-
23 quire when fielded.
24       (b) JROC REQUIREMENTS.—




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 1             (1) IN GENERAL.—Not later than 60 days after
 2       the Secretary of the Air Force develops the analysis
 3       under subsection (a), the Joint Requirements Over-
 4       sight Council (JROC) shall certify that requirements
 5       for ABMS incorporate the findings of the analysis.
 6             (2) CONGRESSIONAL NOTIFICATION.—The Joint
 7       Requirements Oversight Council (JROC) shall notify
 8       the congressional defense committees upon making the
 9       certification required under paragraph (1) and pro-
10       vide a briefing on the requirements and findings de-
11       scribed in such paragraph not later than 30 days
12       after such notification.
13   SEC. 153. STUDIES ON MEASURES TO ASSESS COST-PER-EF-

14                    FECT FOR KEY MISSION AREAS.

15       (a) IN GENERAL.—Not later than January 1, 2021,
16 the Secretary of the Air Force shall provide for the perform-
17 ance of two independent studies to devise new measures to
18 assess cost-per-effect for key mission areas. One of the stud-
19 ies shall be conducted by an organization described in sec-
20 tion 501(c)(3) of the Internal Revenue Code of 1986 and
21 exempt from tax under section 501(a) of such Code, and
22 one of the studies shall be conducted by a federally funded
23 research and development center.
24       (b) SCOPE.—Each study conducted pursuant to sub-
25 section (a) shall address the following matters:


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 1             (1) Number of weapon systems required to meet
 2       a specified mission goal.
 3             (2) Number of personnel required to meet a spec-
 4       ified mission goal.
 5             (3) Associated operation and maintenance costs
 6       necessary to facilitate respective operational con-
 7       structs.
 8             (4) Basing requirements for respective force con-
 9       structs.
10             (5) Mission support elements required to facili-
11       tate specified operations.
12             (6) Defensive measures required to facilitate via-
13       ble mission operations.
14             (7) Attrition due to enemy countermeasures and
15       other loss factors associated with respective tech-
16       nologies.
17             (8) Associated weapon effects costs compared to
18       alternative forms of power projection.
19       (c) IMPLEMENTATION OF MEASURES.—The Secretary
20 of the Air Force shall, as appropriate, incorporate the find-
21 ings of the studies conducted pursuant to subsection (a) in
22 the Air Force’s future force development process. The meas-
23 ures—
24             (1) should be domain and platform agnostic;




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 1             (2) should focus on how best to achieve mission
 2       goals in future operations; and
 3             (3) shall consider including harnessing cost-per-
 4       effect assessments as a key performance parameter
 5       within the Department of Defense’s Joint Capabilities
 6       Integration and Development System (JCIDS) re-
 7       quirements process.
 8   SEC. 154. PLAN FOR OPERATIONAL TEST AND UTILITY

 9                    EVALUATION OF SYSTEMS FOR LOW-COST AT-

10                    TRIBUTABLE AIRCRAFT TECHNOLOGY PRO-

11                    GRAM.

12       Not later than October 1, 2020, the Assistant Secretary
13 of the Air Force for Acquisition, Technology, and Logistics
14 shall—
15       (a) submit to the congressional defense committees an
16 executable plan for the operational test and utility evalua-
17 tion of the systems of the Low-Cost Attributable Aircraft
18 Technology (LCAAT) program of the Air Force; and
19       (b) brief the congressional defense committees on such
20 plan.
21   SEC. 155. PROHIBITION ON RETIREMENT OR DIVESTMENT

22                    OF A–10 AIRCRAFT.

23       The Secretary of Defense may not during fiscal year
24 2021 divest or retire any A–10 aircraft, in order to ensure
25 ongoing capabilities to counter violent extremism and pro-


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 1 vide close air support and combat search and rescue in ac-
 2 cordance with the National Defense Strategy.
 3     Subtitle E—Defense-wide, Joint,
 4        and Multiservice Matters
 5   SEC. 171. BUDGETING FOR LIFE-CYCLE COST OF AIRCRAFT

 6                    FOR THE NAVY, ARMY, AND AIR FORCE: AN-

 7                    NUAL PLAN AND CERTIFICATION.

 8       (a) IN GENERAL.—Chapter 9 of title 10, United States
 9 Code, is amended by inserting after section 231 the fol-
10 lowing new section:
11 ‘‘§ 231a. Budgeting for life-cycle cost of aircraft for the
12                Navy, Army, and Air Force: Annual plan

13                and certification

14       ‘‘(a) ANNUAL AIRCRAFT PROCUREMENT PLAN AND
15 CERTIFICATION.—Not later than 45 days after the date on
16 which the President submits to Congress the budget for a
17 fiscal year, the Secretary of Defense shall submit to the con-
18 gressional defense committees—
19             ‘‘(1) a plan for the procurement of the aircraft
20       specified in subsection (b) for the Department of the
21       Navy, the Department of the Army, and the Depart-
22       ment of the Air Force developed in accordance with
23       this section; and
24             ‘‘(2) a certification by the Secretary that both
25       the budget for such fiscal year and the future years


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 1       defense program submitted to Congress in relation to
 2       such budget under section 221 of this title provide for
 3       funding of the procurement of aircraft at a level that
 4       is sufficient for the procurement of the aircraft pro-
 5       vided for in the plan under paragraph (1) on the
 6       schedule provided in the plan.
 7       ‘‘(b) COVERED AIRCRAFT.—The aircraft specified in
 8 this subsection are the aircraft as follows:
 9             ‘‘(1) Fighter aircraft.
10             ‘‘(2) Attack aircraft.
11             ‘‘(3) Bomber aircraft.
12             ‘‘(4) Intertheater lift aircraft.
13             ‘‘(5) Intratheater lift aircraft.
14             ‘‘(6) Intelligence, surveillance, and reconnais-
15       sance aircraft.
16             ‘‘(7) Tanker aircraft.
17             ‘‘(8) Remotely piloted aircraft.
18             ‘‘(9) Rotary-wing aircraft.
19             ‘‘(10) Operational support and executive lift air-
20       craft.
21             ‘‘(11) Any other major support aircraft des-
22       ignated by the Secretary of Defense for purposes of
23       this section.
24       ‘‘(c) ANNUAL AIRCRAFT PROCUREMENT PLAN.—(1)
25 The annual aircraft procurement plan developed for a fiscal


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 1 year for purposes of subsection (a)(1) should be designed
 2 so that the aviation force provided for under the plan is
 3 capable of supporting the national military strategy of the
 4 United States as set forth in the most recent National De-
 5 fense Strategy submitted under section 113(g) of title 10,
 6 United States Code, and National Military Strategy sub-
 7 mitted under section 153(b) of title 10, United States Code.
 8       ‘‘(2) Each annual aircraft procurement plan shall in-
 9 clude the following:
10             ‘‘(A) A detailed program for the procurement of
11       the aircraft specified in subsection (b) for each of the
12       Department of the Navy, the Department of the
13       Army, and the Department of the Air Force over the
14       next 30 fiscal years.
15             ‘‘(B) A description of the necessary aviation
16       force structure to meet the requirements of the na-
17       tional military strategy of the United States or the
18       most recent Quadrennial Defense Review, whichever is
19       applicable under paragraph (1).
20             ‘‘(C) The estimated levels of annual investment
21       funding necessary to carry out each aircraft program,
22       together with a discussion of the procurement strate-
23       gies on which such estimated levels of annual invest-
24       ment funding are based, set forth in aggregate for the




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 1      Department of Defense and in aggregate for each
 2      military department.
 3            ‘‘(D) The estimated level of annual funding nec-
 4      essary to operate, maintain, sustain, and support
 5      each aircraft program throughout the life-cycle of the
 6      program, set forth in aggregate for the Department of
 7      Defense and in aggregate for each military depart-
 8      ment.
 9            ‘‘(E) For each of the cost estimates required by
10      subparagraphs (C) and (D)—
11                   ‘‘(i) a description of whether the cost esti-
12            mate is derived from the cost estimate position
13            of the military department or derived from the
14            cost estimate position of the Office of Cost Anal-
15            ysis and Program Evaluation;
16                   ‘‘(ii) if the cost estimate position of the
17            military department and the cost estimate posi-
18            tion of the Office of Cost Analysis and Program
19            Evaluation differ by more than 5 percent for
20            any aircraft program, an annotated cost esti-
21            mate difference and sufficient rationale to ex-
22            plain the difference;
23                   ‘‘(iii) the confidence or certainty level asso-
24            ciated with the cost estimate for each aircraft
25            program; and


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 1                    ‘‘(iv) a certification that cost between dif-
 2             ferent services and aircraft are based on similar
 3             components in the life-cycle cost of each pro-
 4             gram.
 5             ‘‘(F) An assessment by the Secretary of Defense
 6       of the extent to which the combined aircraft forces of
 7       the Department of the Navy, the Department of the
 8       Army, and the Department of the Air Force meet the
 9       national security requirements of the United States.
10       ‘‘(3) For any cost estimate required by paragraph
11 (2)(C) or (D), for any aircraft program for which the Sec-
12 retary is required to include in a report under section 2432
13 of this title, the source of the cost information used to pre-
14 pare the annual aircraft plan, shall be sourced from the
15 Selected Acquisition Report data that the Secretary plans
16 to submit to the congressional defense committees in accord-
17 ance with subsection (f) of that section for the year for
18 which the annual aircraft plan is prepared.
19       ‘‘(4) The annual aircraft procurement plan shall be
20 submitted in unclassified form and shall contain a classi-
21 fied annex. A summary version of the unclassified report
22 shall be made available to the public.
23       ‘‘(d) ASSESSMENT WHEN AIRCRAFT PROCUREMENT
24 BUDGET IS INSUFFICIENT TO MEET APPLICABLE RE-
25   QUIREMENTS.—If the budget for a fiscal year provides for



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 1 funding of the procurement of aircraft for the Department
 2 of the Navy, the Department of the Army, or the Depart-
 3 ment of the Air Force at a level that is not sufficient to
 4 sustain the aviation force structure specified in the aircraft
 5 procurement plan for such Department for that fiscal year
 6 under subsection (a), the Secretary shall include with the
 7 defense budget materials for that fiscal year an assessment
 8 that describes and discusses the risks associated with the
 9 reduced force structure of aircraft that will result from
10 funding aircraft procurement at such level. The assessment
11 shall be coordinated in advance with the commanders of
12 the combatant commands.
13       ‘‘(e) ANNUAL REPORT ON AIRCRAFT INVENTORY.—(1)
14 As part of the annual plan and certification required to
15 be submitted under this section, the Secretary shall include
16 a report on the aircraft in the inventory of the Department
17 of Defense. Each such report shall include the following, for
18 the year covered by the report:
19               ‘‘(A) The total number of aircraft in the inven-
20       tory.
21               ‘‘(B) The total number of the aircraft in the in-
22       ventory that are active, stated in the following cat-
23       egories (with appropriate subcategories for mission
24       aircraft, training aircraft, dedicated test aircraft, and
25       other aircraft):


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 1                    ‘‘(i) Primary aircraft.
 2                    ‘‘(ii) Backup aircraft.
 3                    ‘‘(iii) Attrition and reconstitution reserve
 4             aircraft.
 5             ‘‘(C) The total number of the aircraft in the in-
 6       ventory that are inactive, stated in the following cat-
 7       egories:
 8                    ‘‘(i) Bailment aircraft.
 9                    ‘‘(ii) Drone aircraft.
10                    ‘‘(iii) Aircraft for sale or other transfer to
11             foreign governments.
12                    ‘‘(iv) Leased or loaned aircraft.
13                    ‘‘(v) Aircraft for maintenance training.
14                    ‘‘(vi) Aircraft for reclamation.
15                    ‘‘(vii) Aircraft in storage.
16             ‘‘(D) The aircraft inventory requirements ap-
17       proved by the Joint Chiefs of Staff.
18       ‘‘(2) Each report submitted under this subsection shall
19 set forth each item described in paragraph (1) separately
20 for the regular component of each armed force and for each
21 reserve component of each armed force and, for each such
22 component, shall set forth each type, model, and series of
23 aircraft provided for in the future-years defense program
24 that covers the fiscal year for which the budget accom-
25 panying the plan, certification and report is submitted.


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 1          ‘‘(f) DEFINITION OF BUDGET.—In this section, the
 2 term ‘budget’, with respect to a fiscal year, means the budg-
 3 et for that fiscal year that is submitted to Congress by the
 4 President under section 1105(a) of title 31.’’.
 5          (b) CLERICAL AMENDMENT.—The table of sections at
 6 the beginning of chapter 9 of such title is amended by in-
 7 serting after the item relating to section 231 the following
 8 new item:
     ‘‘231a. Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air Force:
                      Annual plan and certification.’’.

 9   SEC. 172. AUTHORITY TO USE F–35 AIRCRAFT WITHHELD

10                      FROM DELIVERY TO GOVERNMENT OF TUR-

11                      KEY.

12          The Secretary of the Air Force is authorized to utilize,
13 modify, and operate the 6 F–35 aircraft that were accepted
14 by the Government of Turkey but never delivered because
15 Turkey was suspended from the F–35 program.
16   SEC.    173.    TRANSFER          FROM       COMMANDER            OF    UNITED

17                      STATES STRATEGIC COMMAND TO CHAIRMAN

18                      OF THE JOINT CHIEFS OF STAFF OF RESPON-

19                      SIBILITIES AND FUNCTIONS RELATING TO

20                      ELECTROMAGNETIC SPECTRUM OPERATIONS.

21          (a) TRANSFER.—Not later than one year after the date
22 of the enactment of this Act and subject to subsection (c),
23 the Secretary of Defense shall transition to the Chairman
24 of the Joint Chiefs of Staff as a Chairman’s Controlled Ac-

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 1 tivity all of the responsibilities and functions of the Com-
 2 mander of United States Strategic Command that are ger-
 3 mane to electromagnetic spectrum operations, including—
 4             (1) advocacy for joint electronic warfare capa-
 5       bilities,
 6             (2) providing contingency electronic warfare
 7       support to other combatant commands, and
 8             (3) supporting combatant command joint train-
 9       ing and planning related to electromagnetic spectrum
10       operations.
11       (b) RESPONSIBILITY     OF   VICE CHAIRMAN    OF THE

12 JOINT CHIEFS OF STAFF AS THE ELECTRONIC WARFARE
13 SENIOR DESIGNATED OFFICIAL.—The Vice Chairman of
14 the Joint Chiefs of Staff, as the Electronic Warfare Senior
15 Designated Official, shall be responsible for the following:
16             (1) Executing the functions transitioned to the
17       Chairman of the Joint Chiefs of Staff under sub-
18       section (a).
19             (2) Overseeing, with the Chief Information Offi-
20       cer of the Department of Defense, the development and
21       implementation of the Electromagnetic Spectrum Su-
22       periority Strategy of the Department of Defense and
23       subsequent Department-wide electromagnetic spectrum
24       and electronic warfare strategies.




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1             (3) Managing the Joint Electronic Warfare Cen-
2       ter and the Joint Electromagnetic Preparedness for
3       Advanced Combat organizations.
4             (4) Overseeing, through the Joint Requirements
5       Oversight Council and the Electromagnetic Spectrum
6       Operations cross-functional team, the acquisition ac-
7       tivities of the military services as they relate to elec-
8       tromagnetic spectrum operations.
9             (5) Overseeing and, as appropriate, setting
10      standards for the individual and unit training pro-
11      grams of the military services and the joint training
12      and mission rehearsal programs of the combatant
13      commands as they relate to electromagnetic spectrum
14      operations.
15            (6) Overseeing the development of tactics, tech-
16      niques, and procedures germane to electromagnetic
17      spectrum operations.
18            (7) Overseeing the integration of electromagnetic
19      spectrum operations into operation plans and contin-
20      gency plans.
21            (8) Developing and integrating into the joint
22      warfighting concept operational concepts for electro-
23      magnetic spectrum operations, including the fol-
24      lowing:




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 1                   (A) The roles and responsibilities of each of
 2            the military services and their primary con-
 3            tributions to the joint force.
 4                   (B) The primary targets for offensive elec-
 5            tromagnetic     spectrum    operations   and   their
 6            alignment to the military services and relevant
 7            capabilities.
 8                   (C) The armed forces’ positioning, scheme of
 9            maneuver, kill chains, and tactics, techniques,
10            and procedures, as appropriate, to conduct offen-
11            sive electromagnetic spectrum operations.
12                   (D) The armed forces’ positioning, scheme of
13            maneuver, kill chains, and tactics, techniques,
14            and procedures, as appropriate, to detect, dis-
15            rupt, avoid, or render ineffective adversary elec-
16            tromagnetic spectrum operations.
17      (c) PERIOD OF EFFECT OF TRANSFER.—
18            (1) IN GENERAL.—The transfer required by sub-
19      section (a) and the responsibilities specified in sub-
20      section (b) shall remain in effect until such date as
21      the Chairman of the Joint Chiefs of Staff considers
22      appropriate, except that such date shall not be earlier
23      than the date that is 180 days after the date on which
24      the Chairman submits to the congressional defense
25      committees notice that—


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 1                   (A) the Chairman has made a determina-
 2            tion that—
 3                        (i) the military services’, geographic
 4                   combatant commands’, and functional com-
 5                   batant commands’ electromagnetic spectrum
 6                   operations expertise, capabilities, and execu-
 7                   tion are sufficiently robust; and
 8                        (ii) an alternative arrangement de-
 9                   scribed in paragraph (2) is justified; and
10                   (B) the Chairman intends to transfer re-
11            sponsibilities and activities in order to carry out
12            such alternative arrangement.
13            (2) ALTERNATIVE ARRANGEMENT DESCRIBED.—
14      An alternative arrangement described in this para-
15      graph is an arrangement in which certain oversight,
16      advocacy, and coordination functions allotted to the
17      Chairman or Vice Chairman of the Joint Chiefs of
18      Staff by subsections (a) and (b) are performed either
19      by a single combatant command or by the individual
20      geographic and functional combatant commands re-
21      sponsible for executing electromagnetic spectrum oper-
22      ations with long-term supervision by the Chairman or
23      Vice Chairman of the Joint Chiefs of Staff.
24      (d) EVALUATIONS OF ARMED FORCES.—




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 1            (1) IN    GENERAL.—The       Chief of Staff of the
 2      Army, the Chief of Naval Operations, the Chief of
 3      Staff of the Air Force, the Commandant of the Marine
 4      Corps, and the Chief of Space Operations shall each
 5      conduct and complete an evaluation of the armed
 6      forces for their respective military services and their
 7      ability to perform the electromagnetic spectrum oper-
 8      ations missions required of them in—
 9                   (A) the Electromagnetic Spectrum Superi-
10            ority Strategy;
11                   (B) the Joint Staff-developed concept of op-
12            erations; and
13                   (C) the operation and contingency plans of
14            the combatant commanders.
15            (2) ELEMENTS.—Each evaluation under para-
16      graph (1) shall include assessment of the following:
17                   (A) Current programs of record, includ-
18            ing—
19                        (i) the ability of weapon systems to
20                   perform    missions   in   contested   electro-
21                   magnetic spectrum environments; and
22                        (ii) the ability of electronic warfare ca-
23                   pabilities to disrupt adversary operations.
24                   (B) Future programs of record, including—




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 1                        (i) the need for distributed or network-
 2                   centric electronic warfare and signals intel-
 3                   ligence capabilities; and
 4                        (ii) the need for automated and ma-
 5                   chine learning- or artificial intelligence-as-
 6                   sisted electronic warfare capabilities.
 7                   (C) Order of battle.
 8                   (D) Individual and unit training.
 9                   (E) Tactics, techniques, and procedures, in-
10            cluding—
11                        (i) maneuver, distribution of assets,
12                   and the use of decoys; and
13                        (ii) integration of nonkinetic and ki-
14                   netic fires.
15      (e) EVALUATION OF COMBATANT COMMANDS.—
16            (1) IN GENERAL.—The Commander of the United
17      States European Command, the Commander of the
18      United States Pacific Command, and the Commander
19      of the United States Central Command shall each
20      conduct and complete an evaluation of the plans and
21      posture of their respective commands to execute the
22      electromagnetic spectrum operations envisioned in—
23                   (A) the Electromagnetic Spectrum Superi-
24            ority Strategy; and




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 1                     (B) the Joint Staff-developed concept of op-
 2             erations.
 3             (2) ELEMENTS.—Each evaluation under para-
 4       graph (1) shall include assessment of the following:
 5                     (A) Operation and contingency plans.
 6                     (B) The manning, organizational align-
 7             ment, and capability of joint electromagnetic
 8             spectrum operations cells.
 9                     (C) Mission rehearsal and exercises.
10                     (D) Force positioning, posture, and readi-
11             ness.
12       (f) SEMIANNUAL BRIEFING.—Not less frequently than
13 twice each year until January 1, 2026, the Vice Chairman
14 of the Joint Chiefs of Staff shall brief the Committee on
15 Armed Services of the Senate and the Committee on Armed
16 Services of the House of Representatives on the implementa-
17 tion of this section by each of the Joint Staff, the military
18 services, and the combatant commands.
19   SEC. 174. CRYPTOGRAPHIC MODERNIZATION SCHEDULES.

20       (a) CRYPTOGRAPHIC MODERNIZATION SCHEDULES
21 REQUIRED.—Each of the Secretaries of the military depart-
22 ments and the heads of relevant defense agencies and field
23 activities shall establish and maintain a cryptographic
24 modernization schedule that specifies, for each pertinent
25 weapon system, command and control system, or data link,


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 1 including those that use commercial encryption tech-
 2 nologies, as relevant, the following:
 3             (1) The expiration date or cease key date for ap-
 4       plicable cryptographic algorithms.
 5             (2) Anticipated key extension requests for sys-
 6       tems where cryptographic modernization is assessed to
 7       be overly burdensome and expensive or to provide lim-
 8       ited operational utility.
 9             (3) The funding and deployment schedule for
10       modernized cryptographic algorithms, keys, and
11       equipment over the Future Years Defense Program.
12       (b) REQUIREMENTS FOR CHIEF INFORMATION OFFI-
13   CER.—The Chief Information Officer of the Department of

14 Defense shall—
15             (1) oversee the construction and implementation
16       of the cryptographic modernization schedules required
17       by subsection (a);
18             (2) establish and maintain an integrated cryp-
19       tographic modernization schedule for the entire De-
20       partment, collating the cryptographic modernization
21       schedules required under subsection (a); and
22             (3) in coordination with the Director of the Na-
23       tional Security Agency and the Joint Staff Director
24       for Command, Control, Communications, and Com-
25       puters/Cyber, use the budget certification, standard-


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 1       setting, and policy-making authorities provided in
 2       section 142 of title 10, United States Code, to amend
 3       military service and defense agency and field activity
 4       plans for key extension requests and cryptographic
 5       modernization funding and deployment that pose un-
 6       acceptable risk to military operations.
 7       (c) ANNUAL NOTICES.—Not later than January 1,
 8 2022, and not less frequently than once each year thereafter
 9 until January 1, 2026, the Chief Information Officer of the
10 Department and the Joint Staff Director for Command,
11 Control, Communications, and Computers/Cyber shall
12 jointly submit to the congressional defense committees noti-
13 fication of all—
14             (1) delays to or planned delays of military serv-
15       ice and defense agency and field activity funding and
16       deployment of modernized cryptographic algorithms,
17       keys, and equipment over the previous year; and
18             (2) changes in plans or schedules surrounding
19       key extension requests and waivers, including—
20                    (A) unscheduled or unanticipated key exten-
21             sion requests; and
22                    (B) unscheduled or unanticipated waivers
23             and nonwaivers of scheduled or anticipated key
24             extension requests.




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 1   SEC.    175.   PROHIBITION    ON   PURCHASE     OF   ARMED

 2                    OVERWATCH AIRCRAFT.

 3          The Secretary of the Air Force may not purchase any
 4 aircraft for the Air Force Special Operations Command for
 5 the purpose of ‘‘armed overwatch’’ until such time as the
 6 Chief of Staff of the Air Force certifies to the congressional
 7 defense committees that general purpose forces of the Air
 8 Force do not have the skill or capacity to provide close air
 9 support and armed overwatch to United States forces de-
10 ployed operationally.
11   SEC. 176. SPECIAL OPERATIONS ARMED OVERWATCH.

12          (a) PROHIBITION.—None of the funds authorized to be
13 appropriated by this Act for the Department of Defense
14 may be used to acquire armed overwatch aircraft for the
15 United States Special Operations Command, and the De-
16 partment of Defense may not acquire armed overwatch air-
17 craft for the United States Special Operations Command
18 in fiscal year 2021.
19          (b) ANALYSIS REQUIRED.—
20              (1) IN GENERAL.—Not later than July 1, 2021,
21          the Secretary of Defense, in coordination with the As-
22          sistant Secretary of Defense for Special Operations
23          and Low Intensity Conflict and the Commander of
24          the United States Special Operations Command, shall
25          conduct an analysis to define the special operations-
26          peculiar requirements for armed overwatch aircraft
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 1      and to determine whether acquisition of a new special
 2      operations-peculiar platform is the most cost effective
 3      means of fulfilling such requirements.
 4            (2) ELEMENTS.—At a minimum, the analysis of
 5      alternatives required under paragraph (1) shall in-
 6      clude—
 7                   (A) a description of the concept of oper-
 8            ations for employing armed overwatch aircraft
 9            in support of ground forces;
10                   (B) an identification of geographic regions
11            in which armed overwatch aircraft could be de-
12            ployed;
13                   (C) an identification of the most likely anti-
14            aircraft threats in geographic areas where armed
15            overwatch aircraft will be deployed and possible
16            countermeasures to defeat such threats;
17                   (D) a defined requirement for special oper-
18            ations-peculiar armed overwatch aircraft, in-
19            cluding an identification of threshold and objec-
20            tive      performance    parameters     for   armed
21            overwatch aircraft;
22                   (E) an analysis of alternatives comparing
23            various manned and unmanned aircraft in the
24            current aircraft inventory of the United States
25            Special Operations Command and a new plat-


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1             form for meeting requirements for the armed
2             overwatch mission, including for each alternative
3             considered;
4                    (F) an identification of any necessary air-
5             craft modifications and the associated cost;
6                    (G) the annual cost of operating and sus-
7             taining such aircraft;
8                    (H) an identification of any required mili-
9             tary construction costs;
10                   (I) an explanation of how the acquisition of
11            a new armed overwatch aircraft would impact
12            the overall fleet of special operations-peculiar
13            aircraft and the availability of aircrews and
14            maintainers;
15                   (J) an explanation of why existing Air
16            Force and United States Special Operations
17            Command close air support and airborne intel-
18            ligence capabilities are insufficient for the armed
19            overwatch mission; and
20                   (K) any other matters determined relevant
21            by the Secretary of Defense.




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 1   SEC. 177. AUTONOMIC LOGISTICS INFORMATION SYSTEM

 2                    REDESIGN STRATEGY.

 3       Not later than October 1, 2020, the Under Secretary
 4 of Defense for Acquisition and Sustainment, in consultation
 5 with the F–35 Program Executive Officer, shall—
 6             (1) submit to the congressional defense commit-
 7       tees a report describing a program-wide process for
 8       measuring, collecting, and tracking information on
 9       how the Autonomic Logistics Information System
10       (ALIS) is affecting the performance of the F–35 fleet,
11       including its effects on mission capability rates; and
12             (2) implement a strategy for the redesign of
13       ALIS, including the identification and assessment of
14       goals, key risks or uncertainties, and costs of rede-
15       signing the system.
16   SEC. 178. CONTRACT AVIATION SERVICES IN A COUNTRY OR

17                    IN AIRSPACE IN WHICH A SPECIAL FEDERAL

18                    AVIATION REGULATION APPLIES.

19       (a) IN GENERAL.—When the Department of Defense
20 contracts for aviation services to be performed in a foreign
21 country, or in airspace, in which a Special Federal Avia-
22 tion Regulation issued by the Federal Aviation Administra-
23 tion would preclude operation of such aviation services by
24 an air carrier or commercial operator of the United States,
25 the Secretary of Defense (or a designee of the Secretary)
26 shall—
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 1             (1) obtain approval from the Administrator of
 2       the Federal Aviation Administration (or a designee of
 3       the Administrator) for the air carrier or commercial
 4       operator of the United States to deviate from the Spe-
 5       cial Federal Aviation Regulation to the extent nec-
 6       essary to perform such aviation services;
 7             (2) designate the aircraft of the air carrier or
 8       commercial operator of the United States to be State
 9       Aircraft of the United States when performing such
10       aviation services; or
11             (3) use organic aircraft to perform such aviation
12       services in lieu of aircraft of an air carrier or com-
13       mercial operator of the United States.
14       (b) CONSTRUCTION OF DESIGNATION.—The designa-
15 tion of aircraft of an air carrier or commercial operator
16 of the United States as State Aircraft of the United States
17 under subsection (a)(2) shall have no effect on Federal Avia-
18 tion Administration requirements for—
19             (1) safety oversight responsibility for the oper-
20       ation of aircraft so designated, except for those activi-
21       ties prohibited or restricted by an applicable Special
22       Federal Aviation Regulation; and
23             (2) any previously issued nonpremium aviation
24       insurance or reinsurance policy issued to the air car-
25       rier or commercial operator of the United States for


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 1       the duration of aviation services performed as a State
 2       Aircraft of the United States under that subsection.
 3   SEC. 179. F–35 AIRCRAFT MUNITIONS.

 4       The Secretary of the Air Force and the Secretary of
 5 the Navy shall qualify and certify, for the use of United
 6 States forces, additional munitions on the F–35 aircraft
 7 that are already qualified on NATO member F–35 partner
 8 aircraft.
 9   SEC. 180. AIRBORNE INTELLIGENCE, SURVEILLANCE, AND

10                    RECONNAISSANCE   ACQUISITION    ROADMAP

11                    FOR UNITED STATES SPECIAL OPERATIONS

12                    COMMAND.

13       (a) IN GENERAL.—Not later than December 1, 2021,
14 the Assistant Secretary of Defense for Special Operations
15 and Low-Intensity Conflict and the Commander of the
16 United States Special Operations Command shall jointly
17 submit to the congressional defense committees an acquisi-
18 tion roadmap to meet the manned and unmanned airborne
19 intelligence, surveillance, and reconnaissance requirements
20 of United States Special Operations Forces.
21       (b) ELEMENTS.—The roadmap required under sub-
22 section (a) shall include, at a minimum, the following:
23             (1) A description of the current platform require-
24       ments for manned and unmanned airborne intel-




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 1      ligence, surveillance, and reconnaissance capabilities
 2      to support United States Special Operations Forces.
 3            (2) An analysis of the remaining service life of
 4      existing manned and unmanned airborne intelligence,
 5      surveillance, and reconnaissance capabilities cur-
 6      rently operated by United States Special Operations
 7      Forces.
 8            (3) An identification of any current or antici-
 9      pated special operations-peculiar capability gaps.
10            (4) A description of the future manned and un-
11      manned intelligence, surveillance, and reconnaissance
12      platform requirements of the United States Special
13      Operations Forces, including range, payload, endur-
14      ance, ability to operate in contested environments,
15      and other requirements as appropriate.
16            (5) An explanation of the anticipated mix of
17      manned and unmanned aircraft, number of plat-
18      forms, and associated aircrew and maintainers.
19            (6) An explanation of the extent to which service-
20      provided manned and unmanned airborne intel-
21      ligence, surveillance, and reconnaissance capabilities
22      will be required in support of United States Special
23      Operations Forces and how such capabilities will sup-
24      plement and integrate with the organic capabilities
25      possessed by United States Special Operations Forces.


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 1             (7) Any other matters deemed relevant by the As-
 2       sistant Secretary and Commander.
 3   SEC. 181. REQUIREMENT TO ACCELERATE THE FIELDING

 4                    AND   DEVELOPMENT    OF        COUNTER   UN-

 5                    MANNED   AERIAL   SYSTEMS       ACROSS   THE

 6                    JOINT FORCE.

 7       (a) PRIORITY OBJECTIVES FOR EXECUTIVE AGENT
 8   FOR C–UAS.—The Executive Agent of the Joint Counter

 9 Small Unmanned Aerial Systems (C-sUAS) Office, as des-
10 ignated by the Under Secretary of Defense, Acquisition and
11 Sustainment, shall prioritize the following objectives:
12             (1) Select counter unmanned aerial systems that
13       can be fielded as early as fiscal year 2021 to meet im-
14       mediate operational needs in countering Group 1, 2,
15       and 3 unmanned aerial systems with the potential to
16       expand to other larger systems.
17             (2) Devise and execute a near-term plan to de-
18       velop and field a select set of counter unmanned aer-
19       ial systems to meet joint force requirements, begin-
20       ning in fiscal year 2021.
21       (b) FIELDING C–UAS SYSTEMS             IN    FISCAL YEAR
22 2021.—Pursuant to subsection (a)(1), the Executive Agent
23 shall prioritize the selection of counter unmanned aerial
24 systems that can be fielded in fiscal year 2021 with specific
25 emphasis on systems that—


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 1             (1) have undergone effective combat validations;
 2             (2) meet the operational demands of deployed
 3       forces facing the most significant threats, especially
 4       unmanned aerial systems that are not remotely pi-
 5       loted or are not reliant on a command link; and
 6             (3) utilize autonomous systems and processes
 7       that increase operational effectiveness, reduce the
 8       manning demands on operational forces, and limit
 9       the need for government-funded contractor logistics
10       support.
11       (c) NEAR-TERM DEVELOPMENT PLAN.—The plan for
12 the near-term development of counter unmanned aerial sys-
13 tems prioritized under subsection (a)(2) shall ensure, at a
14 minimum, that the development of such systems—
15             (1) builds, as much as practicable, upon systems
16       that were selected for fielding in fiscal year 2021 and
17       the criteria prioritized for their selection, as specified
18       in subsection (b);
19             (2) reduces or accelerates the timeline for initial
20       operational capability and full operational capa-
21       bility;
22             (3) utilizes a software-defined, family-of-systems
23       approach that enables the flexible and continuous in-
24       tegration of different types of sensors and mitigation
25       solutions based on the different demands of particular


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 1       military installations and deployed forces, physical
 2       geographies, and threat profiles; and
 3             (4) gives preference to commercial items, as re-
 4       quired in section 3307 of title 41, United States Code,
 5       when making selections of counter unmanned aerial
 6       systems or component parts, including a common
 7       command and control system.
 8       (d) BRIEFING.—Not later than 60 days after the date
 9 of the enactment of this Act, the Executive Agent shall brief
10 the congressional defense committees on the selection process
11 for    counter      unmanned        aerial   systems   capabilities
12 prioritized under paragraph (1) of subsection (a) and the
13 plan prioritized under paragraph (2) of such subsection.
14       (e) OVERSIGHT.—The Executive Agent shall—
15             (1) oversee the program management and execu-
16       tion of all counter unmanned aerial systems being de-
17       veloped within the military departments on the day
18       before the date of the enactment of this Act; and
19             (2) ensure that the plan prioritized under sub-
20       section (a)(2) guides future programmatic and fund-
21       ing decisions for activities relating to counter un-
22       manned aerial systems, including cancellation of such
23       activities.




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 1   SEC. 182. JOINT ALL DOMAIN COMMAND AND CONTROL RE-

 2                    QUIREMENTS.

 3       (a) PRODUCTION OF REQUIREMENTS BY JOINT RE-
 4   QUIREMENTS OVERSIGHT COUNCIL.—Not later than Octo-

 5 ber 1, 2020, the Joint Requirements and Oversight Council
 6 (JROC) shall produce requirements for the Joint All Do-
 7 main Command and Control (JADC2) program.
 8       (b) AIR FORCE CERTIFICATION.—Immediately after
 9 the certification of requirements produced under subsection
10 (a), the Chief of Staff of the Air Force shall submit to the
11 congressional defense committees a certification that the
12 current JADC2 effort, including programmatic and archi-
13 tecture efforts, being led by the Air Force will meet the re-
14 quirements laid out by the JROC.
15       (c) CERTIFICATION BY OTHER SERVICES.— Not later
16 than January 1, 2021, the chief of each other military serv-
17 ice shall submit to the congressional defense committees a
18 certification whether that service’s efforts on multi-domain
19 command and control are compatible with the Air Force-
20 led JADC2 architecture.
21       (d) BUDGETING.—The Secretary of Defense shall in-
22 corporate the expected costs for full development and imple-
23 mentation of the JADC2 program across the Department
24 in the President’s budget submission to Congress for fiscal
25 year 2022 under section 1105 of title 31, United States
26 Code.
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 1 TITLE II—RESEARCH, DEVELOP-
 2    MENT, TEST, AND EVALUA-
 3    TION
 4     Subtitle A—Authorization of
 5            Appropriations
 6   SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

 7       Funds are hereby authorized to be appropriated for fis-
 8 cal year 2021 for the use of the Department of Defense for
 9 research, development, test, and evaluation, as specified in
10 the funding table in section 4201.
11 Subtitle B—Program Requirements,
12   Restrictions, and Limitations
13   SEC. 211. DESIGNATION AND ACTIVITIES OF SENIOR OFFI-

14                    CIALS FOR CRITICAL TECHNOLOGY AREAS

15                    SUPPORTIVE OF THE NATIONAL DEFENSE

16                    STRATEGY.

17       (a) DESIGNATION OF SENIOR OFFICIALS.—The Under
18 Secretary for Research and Engineering shall designate a
19 set of senior officials to coordinate research and engineering
20 in such technology areas as the Under Secretary considers
21 critical for the support of the National Defense Strategy.
22       (b) DUTIES.—The duties of the senior officials des-
23 ignated under subsection (a) shall include, within their re-
24 spective technology areas—



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1             (1) developing and continuously updating re-
2       search and technology development roadmaps, associ-
3       ated funding strategies, and associated technology
4       transition strategies to ensure effective and efficient
5       development of new capabilities and operational use
6       of appropriate technologies;
7             (2) annual assessments of workforce, infrastruc-
8       ture, and industrial base capabilities and capacity to
9       support the roadmaps developed under paragraph (1)
10      and the goals of the National Defense Strategy;
11            (3) reviewing the relevant research and engineer-
12      ing budgets of appropriate organizations within the
13      Department of Defense, including the military serv-
14      ices, and advising the Under Secretary on—
15                   (A) the consistency of the budgets with the
16            roadmaps developed under paragraph (1);
17                   (B) any technical and programmatic risks
18            to achieving the research and technology develop-
19            ment goals of the National Defense Strategy; and
20                   (C) projects and activities with unwanted
21            or inefficient duplication, including with other
22            government agencies and the commercial sector,
23            lack of appropriate coordination with relevant
24            organizations, or inappropriate alignment with
25            organizational missions and capabilities;


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 1            (4) coordinating research and engineering activi-
 2      ties of the Department with appropriate inter-
 3      national, interagency, and private sector organiza-
 4      tions; and
 5            (5) tasking the appropriate intelligence agencies
 6      to develop a direct comparison between the capabili-
 7      ties of the United States and the capabilities of adver-
 8      saries of the United States.
 9      (c) ANNUAL REPORTS.—
10            (1) IN GENERAL.—Not later than December 1,
11      2021, and not later than December 1 of each year
12      thereafter until December 1, 2025, the Under Sec-
13      retary shall submit to the congressional defense com-
14      mittees a report of successful examples of research and
15      engineering activities that have—
16                   (A) achieved significant technical progress;
17                   (B) transitioned to formal acquisition pro-
18            grams;
19                   (C) transitioned into operational use; or
20                   (D) transferred for further commercial de-
21            velopment or commercial sales.
22            (2) FORM.—Each report submitted under para-
23      graph (1) shall be submitted in a publicly releasable
24      format, but may include a classified annex.




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 1       (d) COORDINATION OF RESEARCH AND ENGINEERING
 2 ACTIVITIES.—The Service Acquisition Executive for each
 3 military services and the Director of the Defense Advanced
 4 Research Projects Agency shall each identify senior officials
 5 to ensure coordination of appropriate research and engi-
 6 neering activities with each of the senior officials designated
 7 under subsection (a).
 8   SEC. 212. GOVERNANCE OF FIFTH-GENERATION WIRELESS

 9                    NETWORKING IN THE DEPARTMENT OF DE-

10                    FENSE.

11       (a) IN GENERAL.—In carrying out the responsibilities
12 established in section 142 of title 10, United States Code,
13 the Chief Information Officer (CIO) of the Department of
14 Defense shall—
15             (1) lead the cross-functional team established
16       pursuant to subsection (c); and
17             (2) serve as the senior designated official for
18       fifth-generation      wireless   networking   (commonly
19       known as ‘‘5G’’) policy, oversight, guidance, research,
20       and coordination in the Department.
21       (b) RESPONSIBILITIES.—The Chief Information Offi-
22 cer shall have, with respect to authorities referenced in sub-
23 section (a), the following responsibilities:
24             (1) Proposing governance, management, and or-
25       ganizational policy for fifth-generation wireless net-


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 1      working to the Secretary of Defense, in consultation
 2      with the heads of the constituent organizations of the
 3      cross-functional team established pursuant to sub-
 4      section (c).
 5            (2) Leading the cross-functional team established
 6      pursuant to subsection (c).
 7      (c) CROSS-FUNCTIONAL TEAM FOR FIFTH-GENERATION
 8 WIRELESS NETWORKING.—
 9            (1) ESTABLISHMENT REQUIRED.—The Secretary
10      of Defense shall, in accordance with section 911(c) of
11      the National Defense Authorization Act for Fiscal
12      Year 2017 (Public Law 114–328; 10 U.S.C. 111
13      note), establish a cross-functional team for fifth-gen-
14      eration wireless networking in order—
15                   (A) to advance the adoption of commer-
16            cially available next generation wireless commu-
17            nication technologies, capabilities, security, and
18            applications by the Department of Defense and
19            the defense industrial base; and
20                   (B) to support public-private partnership
21            between the Department and industry regarding
22            fifth-generation wireless networking.
23            (2) PURPOSE.—The purpose of the cross-func-
24      tional team established pursuant to paragraph (1)
25      shall be the—


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 1                    (A) oversight of the implementation of the
 2             strategy developed as required by section 254 of
 3             the National Defense Authorization Act for Fis-
 4             cal Year 2020 (Public Law 116–92) for har-
 5             nessing fifth-generation wireless networking tech-
 6             nologies, coordinated across all relevant elements
 7             of the Department;
 8                    (B) coordination of research and develop-
 9             ment, implementation and acquisition activities,
10             warfighting concept development, spectrum pol-
11             icy, industrial policy and commercial outreach
12             and partnership relating to fifth-generation
13             wireless networking in the Department, and
14             interagency and international engagement;
15                    (C) integration of the Department’s fifth-
16             generation wireless networking programs and
17             policies with major Department initiatives, pro-
18             grams, and policies surrounding secure micro-
19             electronics and command and control; and
20                    (D) oversight, coordination, execution, and
21             leadership of initiatives to advance fifth-genera-
22             tion wireless network technologies and associated
23             applications developed for the Department.
24       (d) ROLES AND RESPONSIBILITIES.—The Secretary of
25 Defense, through the cross-functional team established under


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 1 subsection (c), shall define the roles of the organizations
 2 within the Office of the Secretary of Defense, Department
 3 of Defense intelligence components, military services, de-
 4 fense agencies and field activities, combatant commands,
 5 and the Joint Staff, for fifth-generation wireless networking
 6 policy and programs within the Department.
 7       (e) BRIEFING.—Not later than March 15, 2021, the
 8 Secretary shall submit to the congressional defense commit-
 9 tees a briefing on the establishment of the cross-functional
10 team pursuant to subsection (c) and the roles and respon-
11 sibilities defined pursuant to subsection (d).
12       (f) RULE OF CONSTRUCTION.—
13             (1) IN GENERAL.—Nothing in this section shall
14       be construed as providing the Chief Information Offi-
15       cer immediate responsibility for the Department’s ac-
16       tivities in fifth-generation wireless networking experi-
17       mentation and science and technology development.
18             (2)    PURVIEW    OF    EXPERIMENTATION      AND

19       SCIENCE AND TECHNOLOGY DEVELOPMENT.—The ac-

20       tivities described in paragraph (1) shall remain with-
21       in the purview of the Under Secretary of Defense for
22       Research and Engineering, but shall inform and be
23       informed by the activities of the cross-functional team
24       established pursuant to subsection (c).




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 1   SEC. 213. APPLICATION OF ARTIFICIAL INTELLIGENCE TO

 2                    THE DEFENSE REFORM PILLAR OF THE NA-

 3                    TIONAL DEFENSE STRATEGY.

 4       (a) IDENTIFICATION OF USE CASES.—The Secretary
 5 of Defense, acting through such officers and employees of
 6 the Department of Defense as the Secretary considers appro-
 7 priate, including the chief data officers and chief manage-
 8 ment officers of the military departments, shall identify a
 9 set of no fewer than five use cases of the application of exist-
10 ing artificial intelligence enabled systems to support im-
11 proved management of enterprise acquisition, personnel,
12 audit, or financial management functions, or other appro-
13 priate management functions, that are consistent with re-
14 form efforts that support the National Defense Strategy.
15       (b) PROTOTYPING ACTIVITIES ALIGNED              TO   USE
16 CASES.—The Secretary, acting through the Under Sec-
17 retary of Defense for Research and Engineering and in co-
18 ordination with the Director of the Joint Artificial Intel-
19 ligence Center and such other officers and employees as the
20 Secretary considers appropriate, shall pilot technology de-
21 velopment and prototyping activities that leverage commer-
22 cially available technologies and systems to demonstrate
23 new artificial intelligence enabled capabilities to support
24 the use cases identified under subsection (a).
25       (c) BRIEFING.—Not later than October 1, 2021, the
26 Secretary shall provide to the congressional defense commit-
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 1 tees a briefing summarizing the activities carried out under
 2 this section.
 3   SEC. 214. EXTENSION OF AUTHORITIES TO ENHANCE INNO-

 4                    VATION AT DEPARTMENT OF DEFENSE LAB-

 5                    ORATORIES.

 6       (a) EXTENSION OF PILOT PROGRAM FOR THE EN-
 7   HANCEMENT OF THE         RESEARCH, DEVELOPMENT, TEST,
 8   AND EVALUATION CENTERS OF THE DEPARTMENT OF DE-

 9   FENSE.—Section 233(e) of the National Defense Authoriza-

10 tion Act for Fiscal Year 2017 (Public Law 114–328; 10
11 U.S.C. 2358 note) is amended by striking ‘‘September 30,
12 2022’’ and inserting ‘‘September 30, 2025’’.
13       (b) EXTENSION OF PILOT PROGRAM TO IMPROVE IN-
14   CENTIVES FOR       TECHNOLOGY TRANSFER FROM DEPART-
15   MENT OF DEFENSE LABORATORIES.—Subsection (e) of sec-

16 tion 233 of the National Defense Authorization Act for Fis-
17 cal Year 2018 (Public Law 115–91; 10 U.S.C. 2514 note)
18 is amended to read as follows:
19       ‘‘(e) SUNSET.—The pilot program under this section
20 shall terminate on September 30, 2025.’’.
21   SEC. 215. UPDATES TO DEFENSE QUANTUM INFORMATION

22                    SCIENCE AND TECHNOLOGY RESEARCH AND

23                    DEVELOPMENT PROGRAM.

24       Section 234 of the John S. McCain National Defense
25 Authorization Act for Fiscal year 2019 (Public Law 115–


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 1 232; 10 U.S.C. 2358 note), as amended by section 220 of
 2 the National Defense Authorization Act for Fiscal Year
 3 2020 (Public Law 116–92), is further amended—
 4            (1) by redesignating subsection (e) as subsection
 5      (f); and
 6            (2) by inserting after subsection (d) the following
 7      new subsection (e):
 8      ‘‘(e) USE OF QUANTUM COMPUTING CAPABILITIES.—
 9 The Secretary of each military department shall—
10            ‘‘(1) develop and annually update a list of tech-
11      nical problems and research challenges which are like-
12      ly to be addressable by quantum computers available
13      for use within in the next one to three years, with a
14      priority for technical problems and challenges where
15      quantum computing systems have performance ad-
16      vantages over traditional computing systems, in order
17      to enhance the capabilities of such quantum com-
18      puters and support the addressing of relevant tech-
19      nical problems and research challenges; and
20            ‘‘(2) establish programs and enter into agree-
21      ments with appropriate medium and small businesses
22      with functional quantum computing capabilities to
23      provide such private sector capabilities to govern-
24      ment, industry, and academic researchers working on
25      relevant technical problems and research activities.’’.


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 1   SEC. 216. PROGRAM OF PART-TIME AND TERM EMPLOY-

 2                    MENT   AT    DEPARTMENT     OF     DEFENSE

 3                    SCIENCE AND TECHNOLOGY REINVENTION

 4                    LABORATORIES OF FACULTY AND STUDENTS

 5                    FROM INSTITUTIONS OF HIGHER EDUCATION.

 6       (a) PROGRAM REQUIRED.—Not later than 180 days
 7 after the date of the enactment of this Act, the Secretary
 8 of Defense shall establish a program to provide part-time
 9 or term employment in Department of Defense science and
10 technology reinvention laboratories for—
11             (1) faculty of institutions of higher education
12       who have expertise in science, technology, engineering,
13       or mathematics to conduct research projects in such
14       laboratories; and
15             (2) students at such institutions to assist such
16       faculty in conducting such research projects.
17       (b) NUMBER OF POSITIONS.—
18             (1) IN GENERAL.—Not later than one year after
19       the date of the commencement of the program estab-
20       lished under subsection (a), the Secretary shall, under
21       such program, establish at least 10 positions of em-
22       ployment described in such subsection for faculty de-
23       scribed in paragraph (1) of such subsection.
24             (2) ARTIFICIAL      INTELLIGENCE   AND    MACHINE

25       LEARNING.—Of the positions established under para-

26       graph (1), at least five of such positions shall be for
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 1       faculty conducting research in the area of artificial
 2       intelligence and machine learning.
 3       (c) SELECTION.—The Secretary, acting through the di-
 4 rectors of the laboratories described in subsection (a), shall
 5 select faculty described in paragraph (1) of such subsection
 6 for participation in the program established under such
 7 subsection on the basis of—
 8             (1) the academic credentials and research experi-
 9       ence of the faculty;
10             (2) the potential contribution to Department ob-
11       jectives by the research that will be conducted by the
12       faculty under the program; and
13             (3) the qualifications of any students who will be
14       assisting the faculty in such research and the role and
15       credentials of such students.
16       (d) AUTHORITIES.—In carrying out the program es-
17 tablished under subsection (a), the Secretary and the direc-
18 tors of the laboratories described in such subsection may—
19             (1) use any hiring authority available to the
20       Secretary or the directors, including any authority
21       available under a laboratory demonstration program,
22       direct hiring authority under section 1599h of title
23       10, United States Code, and expert hiring authority
24       under section 3109 of title 5, United States Code;




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 1            (2) utilize cooperative research and development
 2      agreements under section 12 of the Stevenson-Wydler
 3      Technology Innovation Act of 1980 (15 U.S.C. 3710a)
 4      to enable sharing of research and expertise with insti-
 5      tutions of higher education and the private sector;
 6      and
 7            (3) provide referral bonuses to program partici-
 8      pants who identify students to assist in a research
 9      project under the program or to participate in labora-
10      tory internship programs and the Pathways Intern-
11      ship Program.
12      (e) ANNUAL REPORTS.—
13            (1) IN GENERAL.—Not later than one year after
14      the date of the enactment of this Act and not less fre-
15      quently than once each year thereafter until the date
16      that is three years after the date of the enactment of
17      this Act, the Secretary shall submit to Congress a re-
18      port on the program established under subsection (a).
19            (2) CONTENTS OF FIRST REPORT.—The first re-
20      port submitted under paragraph (1) shall address, at
21      a minimum, the following:
22                   (A) The number of faculty and students em-
23            ployed under the program.
24                   (B) The laboratories employing such faculty
25            and students.


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 1                     (C) The types of research conducted or to be
 2             conducted by such faculty or students.
 3             (3) CONTENTS OF SUBSEQUENT REPORTS.—Each
 4       report submitted under paragraph (1) after the first
 5       report shall address, at a minimum, the following:
 6                     (A) The matters set forth in subparagraphs
 7             (A) through (C) of paragraph (2).
 8                     (B) The number of interns and recent col-
 9             lege graduates hired pursuant to referrals under
10             subsection (d)(3).
11                     (C) The results of research conducted under
12             the program.
13       (f) DEPARTMENT OF DEFENSE SCIENCE AND TECH-
14   NOLOGY   REINVENTION LABORATORY DEFINED.—In this
15 section, the term ‘‘Department of Defense science and tech-
16 nology reinvention laboratory’’ means the entities des-
17 ignated by section 1105(a) of the National Defense Author-
18 ization Act for Fiscal Year 2010 (Public Law 111–84; 10
19 U.S.C. 2358 note).
20   SEC. 217. IMPROVEMENTS TO TECHNOLOGY AND NATIONAL

21                    SECURITY FELLOWSHIP OF DEPARTMENT OF

22                    DEFENSE.

23       (a) MODIFICATION REGARDING BASIC PAY.—Sub-
24 section (a)(4)(A) of section 235 of the National Defense Au-




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 1 thorization Act for Fiscal Year 2020 (Public Law 116–92)
 2 is amended—
 3             (1) by striking ‘‘equivalent to’’ and inserting
 4       ‘‘not less than’’; and
 5             (2) by inserting ‘‘and not more than the rate of
 6       basic pay payable for a position at level 15 of such
 7       schedule’’ before the semicolon.
 8       (b) BACKGROUND CHECKS.—Subsection (b) of such
 9 section is amended by adding at the end the following new
10 paragraph:
11             ‘‘(3) BACKGROUND CHECK REQUIREMENT.—No
12       individual may participate in the fellows program
13       without first undergoing a background check that the
14       Secretary considers appropriate for participation in
15       the fellows program.’’.
16   SEC. 218. DEPARTMENT OF DEFENSE RESEARCH, DEVELOP-

17                    MENT, AND DEPLOYMENT OF TECHNOLOGY

18                    TO SUPPORT WATER SUSTAINMENT.

19       (a) IN GENERAL.—The Secretary of Defense shall re-
20 search, develop, and deploy advanced technologies that sup-
21 port water sustainment with technologies that capture am-
22 bient humidity and harvest, recycle, and reuse water.
23       (b) GOAL.—Under subsection (a), the Secretary shall
24 seek to develop water systems that reduce weight and logis-




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 1 tics support and transition such advanced technologies for
 2 use by expeditionary forces by January 1, 2025.
 3       (c) MODULAR PLATFORMS.—In carrying out sub-
 4 section (a), the Secretary shall develop the following:
 5               (1) Modular platforms that are easily transport-
 6       able.
 7               (2) Trailer mounted systems that will reduce re-
 8       supply.
 9               (3) Storage requirements at forward operating
10       bases.
11       (d) PARTNERSHIPS AND EXISTING TECHNIQUES AND
12 TECHNOLOGIES.—In carrying out subsection (a), the Sec-
13 retary shall seek—
14               (1) to enter into partnerships with foreign mili-
15       taries and organizations that have proven they have
16       the ability to operate in water constrained areas;
17               (2) to leverage existing techniques and tech-
18       nologies; and
19               (3) to apply such techniques and technologies to
20       military operations carried out by the United States.
21       (e) COMMERCIAL OFF-THE-SHELF TECHNOLOGIES.—
22 In carrying out subsection (a), in addition to technology
23 described in such subsection, the Secretary shall consider
24 using commercial off-the-shelf technologies for cost savings




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 1 and near ready deployment technologies to enable
 2 warfighters to be more self-sufficient.
 3       (f) CROSS FUNCTIONAL TEAMS.—In carrying out sub-
 4 section (a), the Secretary shall establish cross functional
 5 teams to determine regions where deployment of water har-
 6 vesting technologies could reduce conflict and potentially
 7 eliminate the need for the presence of the Armed Forces.
 8   SEC. 219. DEVELOPMENT AND TESTING OF HYPERSONIC CA-

 9                    PABILITIES.

10       (a) SENSE OF CONGRESS ON HYPERSONIC CAPABILI-
11   TIES.—It   is the sense of Congress that development of
12 hypersonic capabilities is a key element of the National De-
13 fense Strategy.
14       (b) IMPROVING GROUND-BASED TEST FACILITIES.—
15 The Secretary of Defense shall take such actions as may
16 be necessary to improve ground-based test facilities for the
17 development of hypersonic capabilities, such as improving
18 wind tunnels.
19       (c) INCREASING FLIGHT TEST RATE.—The Secretary
20 shall increase the flight test rate to expedite the maturation
21 and fielding of hypersonic technologies.
22       (d) STRATEGY AND PLAN.—
23              (1) IN GENERAL.—Not later than December 30,
24       2020, the Under Secretary of Defense for Research
25       and Engineering, in consultation with the Chief of


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 1       Staff of the Air Force, shall submit to the congres-
 2       sional defense committees an executable strategy and
 3       plan       to   field   air-launched   and   air-breathing
 4       hypersonic weapons capability before the date that is
 5       three years after the date of the enactment of this Act.
 6              (2) TESTING AND INFRASTRUCTURE.—The strat-
 7       egy and plan submitted under paragraph (1) shall
 8       cover required investments in testing and infrastruc-
 9       ture to address the need for both flight and ground
10       testing.
11   SEC. 220. DISCLOSURE REQUIREMENTS FOR RECIPIENTS

12                    OF DEPARTMENT OF DEFENSE RESEARCH

13                    AND DEVELOPMENT GRANTS.

14       (a) DISCLOSURE REQUIREMENTS.—
15              (1) IN     GENERAL.—Chapter      139 of title 10,
16       United States Code, is amended by adding at the end
17       the following new section:
18 ‘‘§ 2374b. Disclosure requirements for recipients of re-
19                  search and development grants

20       ‘‘An individual or entity (including a State or local
21 government) that receives Department of Defense grant
22 funds for research and development shall clearly state in
23 any statement, press release, or other document describing
24 the program, project, or activity funded through such grant
25 funds, other than a communication containing not more


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 1 than 280 characters, the dollar amount of Department
 2 grant funds made available for the program, project, or ac-
 3 tivity.’’.
 4               (2) CLERICAL AMENDMENT.—The table of sec-
 5         tions at the beginning of chapter 139 of such title is
 6         amended by adding at the end the following new item:
     ‘‘2374b. Disclosure requirements for recipients of research and development
                      grants.’’.

 7         (b) EFFECTIVE DATE.—The amendments made by sub-
 8 section (a) shall take effect on October 1, 2021, and shall
 9 apply with respect to grants for research and development
10 that are awarded by the Department of Defense on or after
11 that date.
12       Subtitle C—Plans, Reports, and
13                Other Matters
14   SEC. 231. ASSESSMENT ON UNITED STATES NATIONAL SE-

15                     CURITY     EMERGING         BIOTECHNOLOGY            EF-

16                     FORTS AND CAPABILITIES AND COMPARISON

17                     WITH ADVERSARIES.

18         (a) ASSESSMENT AND COMPARISON REQUIRED.—
19               (1) IN GENERAL.—The Secretary of Defense, act-
20         ing through the Under Secretary of Defense for Re-
21         search and Engineering and the Under Secretary of
22         Defense for Intelligence, shall conduct an assessment
23         and direct comparison of capabilities in emerging
24         biotechnologies for national security purposes, includ-

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 1      ing applications in material, manufacturing, and
 2      health, between the capabilities of the United States
 3      and the capabilities of adversaries of the United
 4      States.
 5            (2) ELEMENTS.—The assessment and compari-
 6      son carried out under paragraph (1) shall include the
 7      following:
 8                   (A) An evaluation of the quantity, quality,
 9            and progress of United States fundamental and
10            applied research for emerging biotechnology ini-
11            tiatives for national security purposes.
12                   (B) An assessment of the resourcing of
13            United States efforts to harness emerging bio-
14            technology capabilities for national security pur-
15            poses, including the supporting facilities, test in-
16            frastructure, and workforce.
17                   (C) An intelligence assessment of adversary
18            emerging biotechnology capabilities and research
19            as well as an assessment of adversary intent and
20            willingness to use emerging biotechnologies for
21            national security purposes.
22                   (D) An assessment of the analytic and oper-
23            ational subject matter expertise necessary to as-
24            sess rapidly-evolving foreign military develop-




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 1             ments in biotechnology, and the current state of
 2             the workforce in the intelligence community
 3                    (E) Recommendations to improve and accel-
 4             erate United States capabilities in emerging bio-
 5             technologies and the associated intelligence com-
 6             munity expertise.
 7                    (F) Such other matters as the Secretary
 8             considers appropriate.
 9       (b) REPORT.—
10             (1) IN GENERAL.—Not later than February 1,
11       2021, the Secretary shall submit to the congressional
12       defense committees a report on the assessment carried
13       out under subsection (a).
14             (2) FORM.—The report submitted under para-
15       graph (1) shall be submitted in the following for-
16       mats—
17                    (A) unclassified form, which may include a
18             classified annex; and
19                    (B) publically releasable form, representing
20             appropriate information from the report under
21             subparagraph (A).
22       (c) DEFINITION OF INTELLIGENCE COMMUNITY.—In
23 this subsection, the term ‘‘intelligence community’’ has the
24 meaning given such term in section 3 of the National Secu-
25 rity Act of 1947 (50 U.S.C. 3003).


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 1   SEC. 232. INDEPENDENT COMPARATIVE ANALYSIS OF EF-

 2                    FORTS BY CHINA AND THE UNITED STATES

 3                    TO RECRUIT AND RETAIN RESEARCHERS IN

 4                    NATIONAL SECURITY-RELATED FIELDS.

 5       (a) AGREEMENT.—
 6               (1) IN GENERAL.—The Secretary of Defense shall
 7       seek to enter into an agreement with the National
 8       Academies of Sciences, Engineering, and Medicine for
 9       the National Academies of Sciences, Engineering, and
10       Medicine to perform the services covered by this sec-
11       tion.
12               (2) TIMING.—The Secretary shall seek to enter
13       into the agreement described in paragraph (1) not
14       later than 60 days after the date of the enactment of
15       this Act.
16       (b) REVIEW.—
17               (1) IN GENERAL.—Under an agreement between
18       the Secretary and the National Academies of Sciences,
19       Engineering, and Medicine under this section, the Na-
20       tional Academies of Sciences, Engineering, and Medi-
21       cine shall carry out a comparative analysis of efforts
22       by China and the United States Government to re-
23       cruit and retain domestic and foreign researchers and
24       develop recommendations for the Department of De-
25       fense.


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 1            (2) ELEMENTS.—The comparative analysis car-
 2      ried out under paragraph (1) and the recommenda-
 3      tions developed under such paragraph shall include
 4      the following:
 5                   (A) A list of the ‘‘talent programs’’ used by
 6            China and a list of the incentive programs used
 7            by the United States to recruit and retain rel-
 8            evant researchers.
 9                   (B) The types of researchers, scientists,
10            other technical experts, and fields targeted by
11            each talent program listed under subparagraph
12            (A).
13                   (C) The number of researchers in academia,
14            the Department of Defense Science and Tech-
15            nology Reinvention Laboratories, and national
16            security science and engineering programs of the
17            National Nuclear Security Administration tar-
18            geted by the talent programs listed under sub-
19            paragraph (A).
20                   (D) The number of personnel currently par-
21            ticipating in the talent programs listed under
22            subparagraph (A) and the number of researchers
23            currently participating in the incentive pro-
24            grams listed under such subparagraph.




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 1                   (E) The incentives offered by each of the tal-
 2            ent programs listed under subparagraph (A) and
 3            a description of the incentives offered through in-
 4            centive programs under such subparagraph to re-
 5            cruit and retain researchers, scientists, and other
 6            technical experts.
 7                   (F) A characterization of the national secu-
 8            rity, economic, and scientific benefits China
 9            gains through the talent programs listed under
10            subparagraph (A) and a description of similar
11            gains accrued to the United States through in-
12            centive programs listed under such subpara-
13            graph.
14                   (G) A list of findings and recommendations
15            relating to policies that can be implemented by
16            the United States, especially the Department of
17            Defense, to improve the relative effectiveness of
18            United States activities to recruit and retain re-
19            searchers, scientists, and other technical experts
20            relative to China.
21      (c) REPORT.—
22            (1) IN GENERAL.—Not later than one year after
23      the date of the execution of an agreement under sub-
24      section (a), the National Academies of Sciences, Engi-
25      neering, and Medicine shall submit to the congres-


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 1       sional defense committees a report on the findings Na-
 2       tional Academies of Sciences, Engineering, and Medi-
 3       cine with respect to the review carried out under this
 4       section and the recommendations developed under this
 5       section.
 6             (2) FORM.—The report submitted under para-
 7       graph (1) shall be submitted in a publicly releasable
 8       and unclassified formats, but may include a classified
 9       annex.
10   SEC. 233. DEPARTMENT OF DEFENSE DEMONSTRATION OF

11                    VIRTUALIZED RADIO ACCESS NETWORK AND

12                    MASSIVE MULTIPLE INPUT MULTIPLE OUT-

13                    PUT RADIO ARRAYS FOR FIFTH GENERATION

14                    WIRELESS NETWORKING.

15       (a) DEMONSTRATION REQUIRED.—The Secretary of
16 Defense shall carry out a demonstration to demonstrate the
17 maturity, performance, and cost of covered technologies in
18 order to provide additional options for providers of fifth-
19 generation (5G) wireless networking services.
20       (b) COVERED TECHNOLOGIES.—For purposes of this
21 section, a covered technology is—
22             (1) a disaggregated or virtualized radio access
23       network and core where components can be provided
24       by different vendors and interoperate through open
25       protocols and interfaces; and


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 1               (2) one or more massive multiple input and
 2       multiple output radio arrays provided by United
 3       States companies that have the potential to compete
 4       favorably with radios produced by foreign companies
 5       in terms of cost, performance, and efficiency.
 6       (c) LOCATION.—The Secretary shall carry out the dem-
 7 onstration under subsection (a) at at least one site where
 8 the Secretary of Defense plans to deploy a fifth-generation
 9 wireless network.
10       (d) COORDINATION.—The Secretary shall carry out the
11 demonstration under subsection (a) in coordination with at
12 least one major United States wireless network service pro-
13 vider.
14   SEC. 234. INDEPENDENT TECHNICAL REVIEW OF FEDERAL

15                    COMMUNICATIONS COMMISSION ORDER 20–

16                    48.

17       (a) AGREEMENT.—
18               (1) IN GENERAL.—The Secretary of Defense shall
19       seek to enter into an agreement with the National
20       Academies of Sciences, Engineering, and Medicine for
21       the National Academies of Sciences, Engineering, and
22       Medicine to perform the services covered by this sec-
23       tion.
24               (2) TIMING.—The Secretary shall seek to enter
25       into the agreement described in paragraph (1) not


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 1      later than 30 days after the date of the enactment of
 2      this Act.
 3      (b) INDEPENDENT TECHNICAL REVIEW.—
 4            (1) IN GENERAL.—Under an agreement between
 5      the Secretary and the National Academies of Sciences,
 6      Engineering, and Medicine under subsection (a), the
 7      National Academies of Sciences, Engineering, and
 8      Medicine shall carry out an independent technical re-
 9      view of the Order and Authorization adopted by the
10      Federal Communications Commission on April 19,
11      2020 (FCC 20–48), to the extent that such order and
12      authorization affects the devices, operations, or activi-
13      ties of the Department of Defense.
14            (2) ELEMENTS.—The independent technical re-
15      view carried out under paragraph (1) shall include
16      the following:
17                   (A) Comparison of the two different ap-
18            proaches on which the Commission relied for the
19            order and authorized described in paragraph (1)
20            to evaluate the potential harmful interference
21            concerns relating to Global Positioning System
22            devices, with a recommendation on which method
23            most effectively mitigates risks of harmful inter-
24            ference with Global Positioning System devices of
25            the Department, or relating to or with the poten-


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1             tial to affect the operations and activities of the
2             Department.
3                    (B) Assessment of the potential for harmful
4             interference to mobile satellite services, including
5             commercial services and Global Positioning Sys-
6             tem services of the Department, or relating to or
7             with the potential to affect the operations and
8             activities of the Department.
9                    (C) Review of the feasibility, practicality,
10            and effectiveness of the proposed mitigation
11            measures relating to, or with the potential to af-
12            fect, the devices, operations, or activities of the
13            Department.
14                   (D) Development of recommendations asso-
15            ciated with the findings of the National Acad-
16            emies of Sciences, Engineering, and Medicine in
17            carrying out the independent technical review.
18                   (E) Such other matters as the National
19            Academies of Sciences, Engineering, and Medi-
20            cine determines relevant.
21      (c) REPORT.—
22            (1) IN GENERAL.—Under an agreement between
23      the Secretary and the National Academies of Sciences,
24      Engineering, and Medicine under subsection (a), the
25      National Academies of Sciences, Engineering, and


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 1       Medicine shall, not later than nine months after the
 2       date of the execution of such agreement, the National
 3       Academies of Sciences, Engineering, and Medicine
 4       shall submit to the Committee on Armed Services of
 5       the Senate and the Committee on Armed Services of
 6       the House of Representatives a report on the findings
 7       of the National Academies of Sciences, Engineering,
 8       and Medicine with respect to the independent tech-
 9       nical review carried out under subsection (b) and the
10       recommendations developed pursuant to such review.
11             (2) FORM.—The report submitted under para-
12       graph (1) shall be submitted in a publicly releasable
13       and unclassified formats, but may include a classified
14       annex.
15   SEC. 235. REPORT ON MICRO NUCLEAR REACTOR PRO-

16                    GRAMS.

17       (a) REPORT REQUIRED.—The Secretary of Defense
18 shall submit to the appropriate congressional committees a
19 report on the micro nuclear reactor programs of the Depart-
20 ment of Defense.
21       (b) CONTENTS.—The report required by subsection (a)
22 shall include the following:
23             (1) Potential operational uses on United States
24       and non-United States territory, including both mo-
25       bile and fixed systems.


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1             (2) Cost and schedule estimates for each new or
2       ongoing program to reach initial operational capa-
3       bility, including the timeline for transition of any
4       program currently funded using defense-wide funds to
5       one or more military services and the identified tran-
6       sition partner in such military services.
7             (3) In consultation with the Assistant Secretary
8       of Defense for Nuclear, Chemical, and Biological De-
9       fense programs, an assessment of physical security re-
10      quirements for use of such reactors on domestic mili-
11      tary installations and non-United States nondomestic
12      installations or locations, including fully permissive,
13      semi-permissive, and remote environments, including
14      a preliminary design basis threat analysis.
15            (4) In coordination with the Secretary of
16      State—
17                    (A) an assessment of any agreements or
18            changes to agreements that would be required for
19            use of such reactors on non-United States terri-
20            tory;
21                    (B) an assessment of applicability of foreign
22            regulations or International Atomic Energy
23            Agency safeguards for use on non-United States
24            territory; and




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1                    (C) other policy implications of deployment
2             of such systems on non-United States territory.
3             (5) In coordination with the Chairman of the
4       Nuclear Regulatory Commission, a summary of li-
5       censing requirements for operation of such systems on
6       United States territory.
7             (6) A summary of requirements pursuant to the
8       National Environmental Policy Act of 1969 (42
9       U.S.C. 4321 et seq.) for development and operation on
10      United States territory.
11            (7) In consultation with the General Counsel of
12      the Department of Defense, an assessment of any
13      issues relating to indemnification for operation on
14      United States or non-United States territory and any
15      other relevant legal matters.
16            (8) In coordination with the Secretary of State
17      and the Secretary of Energy, a determination of
18      whether development, production, and deployment of
19      such systems would require unobligated enriched ura-
20      nium fuel.
21            (9) If the determination in paragraph (8) is that
22      unobligated fuel would be required, in coordination
23      with the Administrator for Nuclear Security, an as-
24      sessment of the availability of such unobligated en-
25      riched uranium fuel, by year, for the estimated life of


     † HR 6395 EAS
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 1       the program, considered with other United States
 2       Government demands for such fuel, including tritium
 3       production, naval nuclear propulsion, and medical
 4       isotope production.
 5             (10) Any other considerations the Secretary de-
 6       termines relevant.
 7       (c) CONSULTATION.—In addition to consultation and
 8 coordination required under subsection (b), the Secretary
 9 shall, in producing the report required by subsection (a),
10 consult with the Secretary of the Army, the Chairman of
11 the Joint Chiefs of Staff, the Under Secretary of Defense
12 for Policy, the Director of Naval Nuclear Propulsion, and
13 such other officials as the Secretary considers necessary.
14       (d) FORM.—The report submitted under subsection (a)
15 shall be submitted in unclassified form, but may include
16 a classified annex.
17       (e) DEFINITIONS.—In this section:
18             (1) The term ‘‘appropriate congressional com-
19       mittees’’ means—
20                    (A) the Committee on Armed Services, the
21             Committee on Appropriations, the Committee on
22             Energy and Natural Resources, the Committee
23             on Environment and Public Works, and the
24             Committee on Foreign Relations of the Senate;
25             and


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 1                     (B) the Committee on Armed Services, the
 2             Committee on Appropriations, the Committee on
 3             Energy and Commerce, the Committee on Nat-
 4             ural Resources, and the Committee on Foreign
 5             Affairs of the House of Representatives.
 6             (2) The term ‘‘micro nuclear reactor’’means a
 7       nuclear reactor with a production capacity of less
 8       than 20 megawatts.
 9   SEC. 236. MODIFICATION TO TEST RESOURCE MANAGE-

10                    MENT CENTER STRATEGIC PLAN REPORTING

11                    CYCLE AND CONTENTS.

12       (a) QUADRENNIAL STRATEGIC PLAN.—Section 196 of
13 title 10, United States Code, is amended—
14             (1) in subsections (c)(1)(C) and (e)(2)(B), by in-
15       serting ‘‘quadrennial’’ before ‘‘strategic plan’’; and
16             (2) in subsection (d)—
17                     (A) in the heading, by inserting ‘‘QUADREN-
18             NIAL’’ before ‘‘STRATEGIC PLAN’’; and

19                     (B) by inserting ‘‘quadrennial’’ before
20             ‘‘strategic plan’’ each place it occurs.
21       (b) TIMING AND COVERAGE OF PLAN.—Subsection
22 (d)(1) of such section, as amended by subsection (a)(2), is
23 further amended—
24             (1) in the first sentence, by striking ‘‘two fiscal
25       years’’ and inserting ‘‘four fiscal years, and within


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 1       one year after release of the National Defense Strat-
 2       egy,’’ ; and
 3             (2) in the second sentence, by striking ‘‘thirty
 4       fiscal years’’ and inserting ‘‘15 fiscal years’’.
 5       (c) AMENDMENT TO CONTENTS OF PLAN.—Subsection
 6 (d)(2) of such section, as amended by subsection (a)(2), is
 7 further amended—
 8             (1) by striking subparagraph (B);
 9             (2) by redesignating subparagraphs (C) through
10       (G) as subparagraphs (B) through (F), respectively;
11       and
12             (3) in subparagraph (B), as redesignated by
13       paragraph (2), by striking ‘‘based on current’’ and all
14       that follows through the end and inserting ‘‘for test
15       and evaluation of the Department of Defense major
16       weapon systems based on current and emerging
17       threats.’’.
18       (d) ANNUAL UPDATE TO PLAN.—Subsection (d) of
19 such section is amended by adding at the end the following
20 new paragraph:
21       ‘‘(5)(A) In addition to the quadrennial strategic plan
22 completed under paragraph (1), the Director of the Depart-
23 ment of Defense Test Resource Management Center shall
24 also complete an annual update to the quadrennial strategic
25 plan.


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 1       ‘‘(B) Each annual update completed under subpara-
 2 graph (A) shall include the following:
 3             ‘‘(i) A summary of changes to the assessment
 4       provided in the most recent quadrennial strategic
 5       plan.
 6             ‘‘(ii) Comments and recommendations the Direc-
 7       tor considers appropriate.
 8             ‘‘(iii) Test and evaluation challenges raised since
 9       the completion of the most recent quadrennial stra-
10       tegic plan.
11             ‘‘(iv) Actions taken or planned to address such
12       challenges.’’.
13       (e) TECHNICAL CORRECTION.—Subsection (d)(1) of
14 such, as amended by subsections (a)(2) and (b), is further
15 amended by striking ‘‘Test Resources Management Center’’
16 and inserting ‘‘Test Resource Management Center’’.
17   SEC. 237. LIMITATION ON CONTRACT AWARDS FOR CER-

18                    TAIN UNMANNED VESSELS.

19       (a) LIMITATION.—None of the funds authorized to be
20 appropriated for fiscal year 2021 by section 201 for re-
21 search, development, test, and evaluation may be used for
22 the award of a contract for a covered vessel until the date
23 that is 30 days after the date on which the Under Secretary
24 of Defense for Research and Engineering submits to the con-
25 gressional defense committees a report and certification de-


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 1 scribed in subsection (c) for such contract and covered ves-
 2 sel.
 3        (b) COVERED VESSELS.—For purposes of this section,
 4 a covered vessel is one of the following:
 5             (1) A large unmanned surface vessel (LUSV).
 6             (2)    A   medium      unmanned   surface   vehicle
 7        (MUSV).
 8             (3) A large displacement unmanned undersea ve-
 9        hicle (LDUUV).
10             (4) An extra-large unmanned undersea vehicle
11        (XLUUV).
12        (c) REPORT AND CERTIFICATION DESCRIBED.—A re-
13 port and certification described in this subsection regarding
14 a contract for a covered vessel is—
15             (1) a report—
16                    (A) submitted to the congressional defense
17             committees not later than 60 days after the date
18             of the completion of an independent technical
19             risk assessment for such covered vessel; and
20                    (B) on the findings of the Under Secretary
21             with respect to such assessment; and
22             (2) a certification, submitted to the congressional
23        defense committees with the report described in para-
24        graph (1), that certifies that—




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 1                    (A) the Under Secretary has determined, in
 2             conjunction with the Senior Technical Authority
 3             designated under section 8669b(a)(1) of title 10,
 4             United States Code, for the class of naval vessels
 5             that includes the covered vessel, that the critical
 6             mission, hull, mechanical, and electrical sub-
 7             systems of the covered vessel—
 8                         (i) have been demonstrated in vessel-
 9                    representative form, fit, and function; and
10                         (ii) have achieved performance levels
11                    equal to or greater than applicable Depart-
12                    ment of Defense threshold requirements for
13                    such class of vessels; and
14                    (B) such contract is necessary to meet De-
15             partment research, development, test, and eval-
16             uation objectives for such covered vessel that can-
17             not otherwise be met through further land-based
18             subsystem prototyping or other demonstration
19             approaches.
20       (d) CRITICAL MISSION, HULL, MECHANICAL,               AND

21 ELECTRICAL SUBSYSTEMS DEFINED.—In this section, the
22 term ‘‘critical mission, hull, mechanical, and electrical sub-
23 systems’’, with respect to a covered vessel, includes the fol-
24 lowing subsystems:




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 1              (1) Command, control, communications, com-
 2       puters, intelligence, surveillance, and reconnaissance.
 3              (2) Autonomous vessel navigation, vessel control,
 4       contact management, and contact avoidance.
 5              (3)     Communications      security,    including
 6       cryptopgraphy, encryption, and decryption.
 7              (4) Main engines, including the lube oil, fuel oil,
 8       and other supporting systems.
 9              (5) Electrical generation and distribution, in-
10       cluding supporting systems.
11              (6) Military payloads.
12              (7) Any other subsystem identified as critical by
13       the Senior Technical Authority designated under sec-
14       tion 8669b(a)(1) of title 10, United States Code, for
15       the class of naval vessels that includes the covered ves-
16       sel.
17   SEC. 238. DOCUMENTATION RELATING TO THE ADVANCED

18                    BATTLE MANAGEMENT SYSTEM.

19       (a) DOCUMENTATION REQUIRED.—Immediately upon
20 the enactment of this Act, the Secretary of the Air Force
21 shall submit to the congressional defense committees the fol-
22 lowing documentation relating to the Advanced Battle Man-
23 agement System:




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 1             (1) A list that identifies each program, project,
 2       and activity that contributes to the architecture of the
 3       Advanced Battle Management System.
 4             (2) The final analysis of alternatives for the Ad-
 5       vanced Battle Management System.
 6             (3) The requirements for the networked data ar-
 7       chitecture necessary for the Advanced Battle Manage-
 8       ment System to provide multidomain command and
 9       control and battle management capabilities and a de-
10       velopment schedule for such architecture.
11       (b) LIMITATION.—Of the funds authorized to be appro-
12 priated by this Act for fiscal year 2021 for operations and
13 maintenance for the Office of the Secretary of the Air Force,
14 not more than 25 percent may be obligated until the date
15 that is 30 days after the date on which the Secretary of
16 the Air Force submits to the congressional defense commit-
17 tees the documentation required by subsection (a) and the
18 Vice Chairman of the Vice Chairman of the Joint Chiefs
19 certifies the documentation.
20       (c) ADVANCED BATTLE MANAGEMENT SYSTEM.—In
21 this section, the term ‘‘Advanced Battle Management Sys-
22 tem’’ means the Advanced Battle Management System of
23 Systems capability of the Air Force, including each pro-
24 gram, project, and activity that contributes to such capa-
25 bility.


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 1   SEC. 239. ARMED SERVICES VOCATIONAL APTITUDE BAT-

 2                    TERY TEST SPECIAL PURPOSE ADJUNCT TO

 3                    ADDRESS COMPUTATIONAL THINKING.

 4       Not later than one year after the date of the enactment
 5 of this Act, the Secretary of Defense shall establish a special
 6 purpose test adjunct to the Armed Services Vocational Apti-
 7 tude Battery test to address computational thinking skills
 8 relevant to military applications, including problem decom-
 9 position, abstraction, pattern recognition, analytical abil-
10 ity, the identification of variables involved in data rep-
11 resentation, and the ability to create algorithms and solu-
12 tion expressions.
13   SEC. 240. REPORT ON USE OF TESTING FACILITIES TO RE-

14                    SEARCH AND DEVELOP HYPERSONIC TECH-

15                    NOLOGY.

16       Not later than 180 days after the date of the enactment
17 of this Act, the Secretary of Defense shall submit to the con-
18 gressional defense committees a report on the costs and ben-
19 efits of the use and potential refurbishment of existing oper-
20 ating and mothballed Federal research and testing facilities
21 to support hypersonics activities of the Department of De-
22 fense.




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 1   SEC. 241. STUDY AND PLAN ON THE USE OF ADDITIVE MAN-

 2                    UFACTURING AND THREE-DIMENSIONAL BIO-

 3                    PRINTING IN SUPPORT OF THE WARFIGHTER.

 4       (a) STUDY.—The Secretary of Defense shall conduct a
 5 study on the use of additive manufacturing and three-di-
 6 mensional bioprinting across the Military Health System.
 7       (b) ELEMENTS.—The study required by subsection (a)
 8 shall examine the activities currently underway by each of
 9 the military services and the Department agencies, includ-
10 ing costs, sources of funding, oversight, collaboration, and
11 outcomes.
12       (c) REPORT.—Not later than 180 days after the date
13 of the enactment of this Act, the Secretary of Defense shall
14 submit to the Committee on Armed Services of the Senate
15 and the Committee on Armed Services of the House of Rep-
16 resentatives a report on the results of the study conducted
17 under subsection (a).
18   SEC. 242. ELEMENT IN ANNUAL REPORTS ON CYBER

19                    SCIENCE AND TECHNOLOGY ACTIVITIES ON

20                    WORK WITH ACADEMIC CONSORTIA ON HIGH

21                    PRIORITY    CYBERSECURITY   RESEARCH   AC-

22                    TIVITIES IN DEPARTMENT OF DEFENSE CAPA-

23                    BILITIES.

24       Section 257(b)(2) of the National Defense Authoriza-
25 tion Act for Fiscal Year 2020 (Public Law 116–92; 133 Sta.


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 1 1291) is amended by adding at end the following new sub-
 2 paragraph:
 3                     ‘‘(J) Efforts to work with academic con-
 4             sortia on high priority cybersecurity research ac-
 5             tivities.’’.
 6       TITLE III—OPERATION AND
 7              MAINTENANCE
 8        Subtitle A—Authorization of
 9               Appropriations
10   SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

11       Funds are hereby authorized to be appropriated for fis-
12 cal year 2021 for the use of the Armed Forces and other
13 activities and agencies of the Department of Defense for ex-
14 penses, not otherwise provided for, for operation and main-
15 tenance, as specified in the funding table in section 4301.
16             Subtitle B—Energy and
17                  Environment
18   SEC. 311. MODIFICATIONS AND TECHNICAL CORRECTIONS

19                    TO ENSURE RESTORATION OF CONTAMINA-

20                    TION    BY   PERFLUOROOCTANE   SULFONATE

21                    AND PERFLUOROOCTANOIC ACID.

22       (a) DEFINITION FOR PFOA AND PFOS.—Section 2700
23 of title 10, United States Code, is amended by adding at
24 the end the following new paragraphs:




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 1            ‘‘(4) The term ‘perfluorooctane sulfonate’ means
 2      perfluorooctane sulfonic acid or sulfonate (commonly
 3      referred to as ‘PFOS’) (Chemical Abstracts Service
 4      No. 1763–23–1) and the salts associated with
 5      perfluorooctane sulfonic acid or sulfonate (Chemical
 6      Abstracts    Service   Nos.   2795–39–3,    29457–72–5,
 7      56773–42–3, 29081–56–9, and 70225–14–8).
 8            ‘‘(5) The term ‘perfluorooctanoic acid’ means
 9      perfluorooctanoic acid (commonly referred to as
10      ‘PFOA’) (Chemical Abstracts Service No. 335–67–1)
11      and the salts associated with perfluorooctanoic acid
12      (Chemical Abstracts Service Nos. 3825–26–1, 335–95–
13      5, and 68141–02–6).’’.
14      (b) MODIFICATION OF ENVIRONMENTAL RESTORATION
15 ACCOUNTS.—Section 2703 of such title is amended—
16            (1) in subsection (e)(2), by striking ‘‘environ-
17      mental’’;
18            (2) in subsection (f), by striking ‘‘to the Envi-
19      ronmental Restoration Account, Defense, or to any
20      environmental restoration account of a military de-
21      partment,’’ and inserting ‘‘or transferred to an ac-
22      count established under subsection (a)’’;
23            (3) by striking subsection (g) and inserting the
24      following:




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 1       ‘‘(g) SOLE SOURCE         OF   FUNDS     FOR     RESPONSES
2 UNDER THIS CHAPTER.—Except as provided in subsection
3 (h), the sole source of funds for all phases of a response
4 under this chapter shall be the applicable environmental
5 restoration account established under subsection (a).’’; and
6              (4) in subsection (h)—
7                     (A) in the subsection heading, by striking
8              ‘‘ENVIRONMENTAL REMEDIATION’’ and inserting
 9             ‘‘RESPONSES’’; and
10                    (B) by striking ‘‘services procured under
11             section 2701(d)(1) of this title’’ and inserting ‘‘a
12             response’’.
13       (c) MODIFICATION       OF    AUTHORITY     FOR    ENVIRON-
14   MENTAL RESTORATION PROJECTS OF NATIONAL GUARD.—

15             (1) IN GENERAL.—Section 2707(e) of such title is
16       amended—
17                    (A) by striking ‘‘Notwithstanding’’ and in-
18             serting ‘‘(1) Notwithstanding’’;
19                    (B) by inserting ‘‘where military activities
20             are conducted by the National Guard of a State
21             under title 32’’ after ‘‘facility’’; and
22                    (C) by adding at the end the following new
23             paragraph:




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 1       ‘‘(2) The Secretary concerned may use the authority
 2 under section 2701(d) of this title to carry out environ-
 3 mental restoration projects under paragraph (1).’’.
 4             (2) CORRECTION OF DEFINITION OF FACILITY.—
 5       Paragraph (2) of section 2700 of such title is amend-
 6       ed—
 7                    (A) in subparagraph (A), by striking ‘‘(A)
 8             The terms’’ and inserting ‘‘The terms’’; and
 9                    (B) by striking subparagraph (B).
10       (d) EXTENSION OF CONTRACT AUTHORITY.—Section
11 2708(b) of such title is amended—
12             (1) in paragraph (1), by striking ‘‘fiscal years
13       1992 through 1996’’ and inserting ‘‘a period specified
14       in paragraph (3)’’; and
15             (2) by adding at the end the following new para-
16       graph:
17       ‘‘(3) A period specified in this paragraph is—
18             ‘‘(A) the period of fiscal years 1992 through
19       1996; or
20             ‘‘(B) on or after the date of the enactment of the
21       National Defense Authorization Act for Fiscal Year
22       2021.’’.
23       (e) TECHNICAL CONSISTENCY FOR MUNITIONS RE-
24   SPONSE.—




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 1            (1) PROGRAM           GOALS.—Section     2701(b)(2) of
 2      such title is amended by striking ‘‘of unexploded ord-
 3      nance’’ and inserting ‘‘of unexploded ordnance, dis-
 4      carded military munitions, and munitions constitu-
 5      ents in a manner consistent with section 2710 of this
 6      title’’.
 7            (2) ENVIRONMENTAL RESTORATION ACCOUNTS.—
 8      Section 2703(b) of such title is amended by striking
 9      the second sentence and inserting the following new
10      sentence: ‘‘Such remediation shall be conducted in a
11      manner consistent with section 2710 of this title.’’.
12            (3) TRANSFER OF DEFINITIONS.—
13                   (A) TRANSFER.—Paragraphs (2) and (3) of
14            section 2710(e) of such title are—
15                            (i) transferred to section 2700 of such
16                   title;
17                            (ii) added at the end of such section;
18                   and
19                            (iii) redesignated as paragraphs (6)
20                   and (7), respectively.
21                   (B) REDESIGNATION OF DEFINITIONS.—Sec-
22            tion 2710(e) of such title is amended by redesig-
23            nating paragraphs (4) through (7) as para-
24            graphs (2) through (5), respectively.




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 1             (4) CONFORMING AMENDMENTS.—Section 313(d)
 2       of the John Warner National Defense Authorization
 3       Act for Fiscal Year 2007 (Public Law 109–364; 10
 4       U.S.C. 2710 note) is amended—
 5                    (A) in paragraph (2)—
 6                         (i) by striking ‘‘ ‘discarded military
 7                    munitions’, ‘munitions constituents’, and
 8                    ‘defense sites’ ’’ and inserting ‘‘ ‘discarded
 9                    military munitions’ and ‘munitions con-
10                    stituents’ ’’; and
11                         (ii) by striking ‘‘section 2710(e)’’ and
12                    inserting ‘‘section 2700’’; and
13                    (B) by adding at the end the following new
14             paragraph:
15             ‘‘(3) The term ‘defense site’ has the meaning
16       given such term in section 2710(e) of such title.’’.
17       (f) TECHNICAL CORRECTION REGARDING COOPERA-
18   TIVE AGREEMENTS.—Section 332(a)(2) of the National De-

19 fense Authorization Act for Fiscal Year 2020 (Public Law
20 116–92) is amended, in the matter preceding subparagraph
21 (A), by striking ‘‘shall meet or exceed the most stringent
22 of the following’’ and inserting ‘‘relating to a response shall
23 reflect application to the response of the most protective of
24 the following’’.




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 1   SEC. 312. READINESS AND ENVIRONMENTAL PROTECTION

 2                    INTEGRATION PROGRAM TECHNICAL EDITS

 3                    AND CLARIFICATION.

 4       (a) USE OF FUNDS.—Section 2684a(i) of title 10,
 5 United States Code, is amended by adding at the end the
 6 following new paragraph:
 7       ‘‘(3) Funds obligated to carry out an agreement under
 8 this section shall be available for use with regard to any
 9 property in the geographic scope specified in the agree-
10 ment—
11              ‘‘(A) at the time the funds are obligated; and
12              ‘‘(B) in any subsequent modification to the
13       agreement.’’.
14       (b) CLARIFICATION OF REFERENCES TO ELIGIBLE EN-
15   TITIES.—

16              (1)    DEFINITION.—Subsection     (b)    of   section
17       2684a of title 10, United States Code, is amended, in
18       the matter preceding paragraph (1), by striking ‘‘An
19       agreement under this section may be entered into
20       with’’ and inserting ‘‘For purposes of this section, an
21       eligible entity is’’.
22              (2) ACQUISITION        OF   PROPERTY    AND   INTER-

23       ESTS.—Subsection (d)(1) of such section is amended

24       by striking ‘‘the entity or entities’’ each place it ap-
25       pears and inserting ‘‘an eligible entity or entities’’.


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1              (3) RETROACTIVE         APPLICATION.—The     amend-
2        ments made by paragraphs (1) and (2) shall apply
3        to any agreement entered into under section 2684a of
4        title 10, United States Code, on or after December 2,
5        2002.
 6   SEC. 313. SURVEY AND MARKET RESEARCH OF TECH-

 7                    NOLOGIES FOR PHASE OUT BY DEPARTMENT

 8                    OF DEFENSE OF USE OF FLUORINATED AQUE-

 9                    OUS FILM-FORMING FOAM.

10       (a) SURVEY OF TECHNOLOGIES AND MARKET RE-
11   SEARCH.—

12             (1) IN GENERAL.—The Secretary of Defense shall
13       conduct a survey and market research of relevant
14       technologies, other than fire-fighting agent solutions,
15       to determine whether any such technologies are avail-
16       able and can be adapted quickly for use by the De-
17       partment of Defense to execute the phase-out by the
18       Department of the use of fluorinated aqueous film-
19       forming foam.
20             (2) TECHNOLOGIES INCLUDED.—The technologies
21       surveyed or researched under paragraph (1) shall in-
22       clude the following:
23                     (A) Hangar flooring systems.
24                     (B) Liquid drainage flood assemblies.
25                     (C) Fire-fighting agent delivery systems.


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 1                   (D) Containment systems.
 2                   (E) Such other relevant technologies as the
 3            Secretary determines appropriate.
4       (b) BRIEFING.—
5             (1) IN GENERAL.—Not later than 180 days after
6       the date of the enactment of this Act, the Secretary
7       shall brief the congressional defense committees on the
8       results of the survey and market research conducted
9       under subsection (a).
10            (2) ELEMENTS OF BRIEFING.—The briefing re-
11      quired under paragraph (1) shall include the fol-
12      lowing:
13                   (A) A description of the technologies sur-
14            veyed and researched under subsection (a).
15                   (B) An identification of any such tech-
16            nologies that were considered for further testing
17            or analysis.
18                   (C) An identification of any other tech-
19            nologies useful for the phase-out by the Depart-
20            ment of the use of fluorinated aqueous film-form-
21            ing foam that are undergoing additional anal-
22            ysis for possible application within the Depart-
23            ment.




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 1   SEC. 314. MODIFICATION OF AUTHORITY TO CARRY OUT

 2                    MILITARY     INSTALLATION       RESILIENCE

 3                    PROJECTS.

 4       (a) MODIFICATION OF AUTHORITY.—Section 2815 of
 5 title 10, United States Code is amended—
 6             (1) in subsection (a), by inserting ‘‘(except as
 7       provided in subsections (d)(3) and (e))’’ before the pe-
 8       riod at the end;
 9             (2) in subsection (c), by striking ‘‘A project’’ and
10       inserting ‘‘Except as provided in subsection (e)(2), a
11       project’’;
12             (3) by redesignating subsection (d) as subsection
13       (f); and
14             (4) by inserting after subsection (c) the following
15       new subsections:
16       ‘‘(d) LOCATION OF PROJECTS.—Projects carried out
17 pursuant to this section may be carried out—
18             ‘‘(1) on a military installation;
19             ‘‘(2) on a facility used by the Department of De-
20       fense that is owned and operated by a State, the Dis-
21       trict of Columbia, the Commonwealth of Puerto Rico,
22       American Samoa, Guam, the Commonwealth of the
23       Northern Mariana Islands, or the Virgin Islands,
24       even if the facility is not under the jurisdiction of the
25       Department of Defense, if the Secretary of Defense de-


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 1       termines that the facility is subject to significant use
 2       by the armed forces for testing or training; or
 3             ‘‘(3) outside of a military installation or facility
 4       described in paragraph (2) if the Secretary concerned
 5       determines that the project would preserve or enhance
 6       the resilience of—
 7                    ‘‘(A) a military installation;
 8                    ‘‘(B) a facility described in paragraph (2);
 9             or
10                    ‘‘(C) community infrastructure determined
11             by the Secretary concerned to be necessary to
12             maintain, improve, or rapidly reestablish instal-
13             lation mission assurance and mission-essential
14             functions.
15       ‘‘(e) ALTERNATIVE FUNDING SOURCE.—(1) In car-
16 rying out a project under this section, the Secretary con-
17 cerned may use amounts available for operation and main-
18 tenance for the military department concerned if the Sec-
19 retary concerned submits a notification to the congressional
20 defense committees of the decision to carry out the project
21 using such amounts and includes in the notification—
22             ‘‘(A) the current estimate of the cost of the
23       project;
24             ‘‘(B) the source of funds for the project; and




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 1               ‘‘(C) a certification that deferral of the project
 2       for inclusion in the next Military Construction Au-
 3       thorization Act would be inconsistent with national
 4       security or the protection of health, safety, or environ-
 5       mental quality, as the case may be.
 6       ‘‘(2) A project carried out under this section using
 7 amounts under paragraph (1) may be carried out only after
 8 the end of the 7-day period beginning on the date on which
 9 a copy of the notification described in paragraph (1) is pro-
10 vided in an electronic medium pursuant to section 480 of
11 this title.
12       ‘‘(3) The maximum aggregate amount that the Sec-
13 retary concerned may obligate from amounts available to
14 the military department concerned for operation and main-
15 tenance in any fiscal year for projects under the authority
16 of this subsection is $100,000,000.’’.
17       (b) CONSIDERATION OF MILITARY INSTALLATION RE-
18   SILIENCE IN AGREEMENTS AND INTERAGENCY COOPERA-

19   TION.—Section 2684a of such title is amended—

20               (1) in subsection (a)—
21                    (A) in paragraph (2)(B)—
22                        (i) by striking clause (ii); and
23                        (ii) in clause (i)—
24                             (I) by striking ‘‘(i)’’; and




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 1                             (II) by striking ‘‘; or’’ and insert-
 2                        ing a semicolon;
 3                    (B) by redesignating paragraph (3) as
 4               paragraph (4); and
 5                    (C) by inserting after paragraph (2) the fol-
 6               lowing new paragraph (3):
 7               ‘‘(3) maintaining or improving military instal-
 8       lation resilience; or’’; and
 9               (2) by amending subsection (h) to read as fol-
10       lows:
11       ‘‘(h) INTERAGENCY COOPERATION IN CONSERVATION
12   AND RESILIENCE PROGRAMS TO AVOID OR REDUCE AD-

13   VERSE IMPACTS ON MILITARY INSTALLATION RESILIENCE

14   AND MILITARY READINESS ACTIVITIES.—In order to facili-

15 tate interagency cooperation and enhance the effectiveness
16 of actions that will protect the environment, military in-
17 stallation resilience, and military readiness, the recipient
18 of funds provided pursuant to an agreement under this sec-
19 tion or under the Sikes Act (16 U.S.C. 670 et seq.) may,
20 with regard to the lands and waters within the scope of
21 the agreement, use such funds to satisfy any matching funds
22 or cost-sharing requirement of any conservation or resil-
23 ience program of any Federal agency notwithstanding any
24 limitation of such program on the source of matching or
25 cost-sharing funds.’’.


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 1   SEC. 315. NATIVE AMERICAN INDIAN LANDS ENVIRON-

 2                    MENTAL MITIGATION PROGRAM.

 3       (a) IN GENERAL.—Chapter 160 of title 10, United
 4 States Code, is amended by adding at the end the following
 5 new section:
 6 ‘‘§ 2712. Native American lands environmental mitiga-
 7                tion program

 8       ‘‘(a) ESTABLISHMENT.—The Secretary of Defense may
 9 establish and carry out a program to mitigate the environ-
10 mental effects of actions by the Department of Defense on
11 Indian lands and culturally connected locations.
12       ‘‘(b) PROGRAM ACTIVITIES.—The activities that may
13 be carried out under the program established under sub-
14 section (a) are the following:
15             ‘‘(1) Identification, investigation, and docu-
16       mentation of suspected environmental effects attrib-
17       utable to past actions by the Department of Defense.
18             ‘‘(2) Development of mitigation options for such
19       environmental effects, including development of cost-
20       to-complete estimates and a system for prioritizing
21       mitigation actions.
22             ‘‘(3) Direct mitigation actions that the Secretary
23       determines are necessary and appropriate to mitigate
24       the adverse environmental effects of past actions by
25       the Department.


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 1             ‘‘(4) Demolition and removal of unsafe buildings
 2       and structures used by, under the jurisdiction of, or
 3       formerly used by or under the jurisdiction of the De-
 4       partment.
 5             ‘‘(5) Training, technical assistance, and admin-
 6       istrative support to facilitate the meaningful partici-
 7       pation of Indian tribes in mitigation actions under
 8       the program.
 9             ‘‘(6) Development and execution of a policy gov-
10       erning consultation with Indian tribes that have been
11       or may be affected by action by the Department, in-
12       cluding training personnel of the Department to en-
13       sure compliance with the policy.
14       ‘‘(c) COOPERATIVE AGREEMENTS.—(1) In carrying
15 out the program established under subsection (a), the Sec-
16 retary of Defense may enter into a cooperative agreement
17 with an Indian tribe or an instrumentality of tribal govern-
18 ment.
19       ‘‘(2) Notwithstanding chapter 63 of title 31, a coopera-
20 tive agreement under this section may be used to acquire
21 property or services for the direct benefit of the United
22 States Government.
23       ‘‘(3) A cooperative agreement under this section for the
24 procurement of severable services may begin in one fiscal




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1 year and end in another fiscal year only if the total period
2 of performance does not exceed two calendar years.
 3      ‘‘(d) DEFINITIONS.—In this section:
 4            ‘‘(1) The term ‘Indian land’ includes—
 5                   ‘‘(A) any land located within the bound-
 6            aries and a part of an Indian reservation, pueb-
 7            lo, or rancheria;
 8                   ‘‘(B) any land that has been allotted to an
 9            individual Indian but has not been conveyed to
10            such Indian with full power of alienation;
11                   ‘‘(C) Alaska Native village and regional cor-
12            poration lands; and
13                   ‘‘(D) lands and waters upon which any
14            Federally recognized Indian tribe has rights re-
15            served by treaty, act of Congress, or action by the
16            President.
17            ‘‘(2) The term ‘Indian Tribe’ means any Indian
18      Tribe, band, nation, or other organized group or com-
19      munity, including any Native village, Regional Cor-
20      poration, or Village Corporation (as defined in sec-
21      tion 3 of the Alaska Native Claims Settlement Act (43
22      U.S.C. 1602)), that is recognized as eligible for the
23      special programs and services provided by the United
24      States to Indians because of their status as Indians.




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 1                ‘‘(3) The term ‘culturally connected location’
 2         means a location or place that has demonstrable sig-
 3         nificance to Indians or Alaska Natives based on its
 4         association with the traditional beliefs, customs, and
 5         practices of a living community, including locations
 6         or places where religious, ceremonial, subsistence, me-
 7         dicinal, economic, or other lifeways practices have
 8         historically taken place.’’.
 9         (b) CLERICAL AMENDMENT.—The table of sections at
10 the beginning of chapter 160 of such title is amended by
11 inserting after the item relating to section 2711 the fol-
12 lowing new item:
     ‘‘2712. Native American lands environmental mitigation program.’’.

13   SEC. 316. ENERGY RESILIENCE AND ENERGY SECURITY

14                     MEASURES ON MILITARY INSTALLATIONS.

15         (a) IN GENERAL.—Subchapter I of chapter 173 of title
16 10, United States Code, is amended by inserting after sec-
17 tion 2919 the following new section:
18 ‘‘§ 2920. Energy resilience and energy security meas-
19                    ures on military installations

20         ‘‘(a) ENERGY RESILIENCE MEASURES.—(1) The Sec-
21 retary of Defense shall, by the end of fiscal year 2030, pro-
22 vide that 100 percent of the energy load required to main-
23 tain the critical missions of each installation have a min-
24 imum level of availability of 99.9 percent per fiscal year.


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 1       ‘‘(2) The Secretary of Defense shall issue standards es-
 2 tablishing levels of availability relative to specific critical
 3 missions, with such standards providing a range of not less
 4 than 99.9 percent availability per fiscal year and not more
 5 than 99.9999 percent availability per fiscal year, depending
 6 on the criticality of the mission.
 7       ‘‘(3) The Secretary may establish interim goals to take
 8 effect prior to fiscal year 2025 to ensure the requirements
 9 under this subsection are met.
10       ‘‘(4) The Secretary of each military department and
11 the head of each Defense Agency shall ensure that their orga-
12 nizations meet the requirements of this subsection.
13       ‘‘(b) PLANNING.—(1) The Secretary of Defense shall re-
14 quire the Secretary of each military department and the
15 head of each Defense Agency to plan for the provision of
16 energy resilience and energy security for installations.
17       ‘‘(2) Planning under paragraph (1) shall—
18             ‘‘(A) promote the use of multiple and diverse
19       sources of energy, with an emphasis favoring energy
20       resources originating on the installation such as mod-
21       ular generation;
22             ‘‘(B) promote installing microgrids to ensure the
23       energy security and energy resilience of critical mis-
24       sions; and




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 1             ‘‘(C) favor the use of full-time, installed energy
 2       sources rather than emergency generation.
 3       ‘‘(c) DEVELOPMENT OF INFORMATION.—The planning
 4 required by subsection (b) shall identify each of the fol-
 5 lowing for each installation:
 6             ‘‘(1) The critical missions of the installation.
 7             ‘‘(2) The energy requirements of those critical
 8       missions.
 9             ‘‘(3) The duration that those energy requirements
10       are likely to be needed in the event of a disruption
11       or emergency.
12             ‘‘(4) The current source of energy provided to
13       those critical missions.
14             ‘‘(5) The duration that the currently provided
15       energy would likely be available in the event of a dis-
16       ruption or emergency.
17             ‘‘(6) Any currently available sources of energy
18       that would provide uninterrupted energy to critical
19       missions in the event of a disruption or emergency.
20             ‘‘(7) Alternative sources of energy that could be
21       developed to provide uninterrupted energy to critical
22       missions in the event of a disruption or emergency.
23       ‘‘(d) TESTING     AND    MEASURING.—(1)(A) The Sec-
24 retary of Defense shall require the Secretary of each mili-
25 tary department and head of each Defense Agency to con-


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 1 duct monitoring, measuring, and testing to provide the data
 2 necessary to comply with this section.
 3       ‘‘(B) Any data provided under subparagraph (A) shall
 4 be made available to the Assistant Secretary of Defense for
 5 Sustainment upon request.
 6       ‘‘(2)(A) The Secretary of Defense shall require that
 7 black start exercises be conducted to assess the energy resil-
 8 ience and energy security of installations for periods estab-
 9 lished to evaluate the ability of the installation to perform
10 critical missions without access to off-installation energy
11 resources.
12       ‘‘(B) A black start exercise conducted under subpara-
13 graph (A) may exclude, if technically feasible, housing
14 areas, commissaries, exchanges, and morale, welfare, and
15 recreation facilities.
16       ‘‘(C) The Secretary of Defense shall—
17              ‘‘(i) provide uniform policy for the military de-
18       partments and the Defense Agencies with respect to
19       conducting black start exercises; and
20              ‘‘(ii) establish a schedule of black start exercises
21       for the military departments and the Defense Agen-
22       cies, with each military department and Defense
23       Agency scheduled to conduct such an exercise on a
24       number of installations each year sufficient to allow
25       that military department or Defense Agency to meet


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 1       the goals of this section, but in any event not fewer
 2       than five installations each year for each military de-
 3       partment through fiscal year 2027.
 4       ‘‘(D)(i) Except as provided in clause (ii), the Secretary
 5 of each military department shall, notwithstanding any
 6 other provision of law, conduct black start exercises in ac-
 7 cordance with the schedule provided for in subparagraph
 8 (C)(ii), with any such exercise not to last longer than five
 9 days.
10       ‘‘(ii) The Secretary of a military department may con-
11 duct more black start exercises than those identified in the
12 schedule provided for in subparagraph (C)(ii).
13       ‘‘(e) CONTRACT REQUIREMENTS.—For contracts for
14 energy and utility services, the Secretary of Defense shall—
15             ‘‘(1) specify methods and processes to measure,
16       manage, and verify compliance with subsection (a);
17       and
18             ‘‘(2) ensure that such contracts include require-
19       ments appropriate to ensure energy resilience and en-
20       ergy security, including requirements for metering to
21       measure, manage, and verify energy consumption,
22       availability, and reliability consistent with this sec-
23       tion and the energy resilience metrics and standards
24       under section 2911(b) of this title.




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1        ‘‘(f) EXCEPTION.—This section does not apply to fuels
2 used in aircraft, vessels, or motor vehicles.
 3       ‘‘(g) REPORT.—If by the end of fiscal year 2029, the
 4 Secretary determines that the Department will be unable
 5 to meet the requirements under subsection (a), not later
 6 than 90 days after the end of such fiscal year, the Secretary
 7 shall submit to the Committees on Armed Services of the
 8 Senate and House of Representatives a report detailing—
 9             ‘‘(1) the projected shortfall;
10             ‘‘(2) reasons for the projected shortfall;
11             ‘‘(3) any statutory, technological, or monetary
12       impediments to achieving such requirements;
13             ‘‘(4) any impact to readiness or ability to meet
14       the national defense posture; and
15             ‘‘(5) any other relevant information as the Sec-
16       retary considers appropriate.
17       ‘‘(h) DEFINITIONS.—In this section:
18             ‘‘(1) The term ‘availability’ means the avail-
19       ability of required energy at a stated instant of time
20       or over a stated period of time for a specific purpose.
21             ‘‘(2) The term ‘black start exercise’ means an ex-
22       ercise in which delivery of energy provided from off
23       an installation is terminated before backup genera-
24       tion assets on the installation are turned on. Such an
25       exercise shall—


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1                    ‘‘(A) determine the ability of the backup
2             systems to start independently, transfer the load,
3             and carry the load until energy from off the in-
4             stallation is restored;
5                    ‘‘(B) align organizations with critical mis-
6             sions to coordinate in meeting critical mission
7             requirements;
8                    ‘‘(C) validate mission operation plans, such
9             as continuity of operations plans;
10                   ‘‘(D) identify infrastructure interdepend-
11            encies; and
12                   ‘‘(E) verify backup electric power system
13            performance.
14            ‘‘(3) The term ‘critical mission’—
15                   ‘‘(A) means those aspects of the missions of
16            an installation, including mission essential oper-
17            ations, that are critical to successful performance
18            of the strategic national defense mission;
19                   ‘‘(B) may include operational headquarters
20            facilities, airfields and supporting infrastruc-
21            ture, harbor facilities supporting naval vessels,
22            munitions production and storage facilities, mis-
23            sile fields, radars, satellite control facilities,
24            cyber operations facilities, space launch facili-




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 1                 ties, operational communications facilities, and
 2                 biological defense facilities; and
 3                        ‘‘(C) does not include military housing (in-
 4                 cluding privatized military housing), morale,
 5                 welfare, and recreation facilities, exchanges, com-
 6                 missaries, or privately owned facilities.
 7                 ‘‘(4) The term ‘energy’ means electricity, natural
 8          gas, steam, chilled water, and heated water.
 9                 ‘‘(5) The term ‘installation’ has the meaning
10          given the term ‘military installation’ in section
11          2801(c)(4) of this title.’’.
12          (b) CLERICAL AMENDMENT.—The table of sections at
13 the beginning of subchapter I of chapter 173 of such title
14 is amended by inserting after the item relating to section
15 2919 the following new item:
     ‘‘2920. Energy resilience and energy security measures on military installations.’’.

16   SEC. 317. MODIFICATION TO AVAILABILITY OF ENERGY

17                      COST SAVINGS FOR DEPARTMENT OF DE-

18                      FENSE.

19          Section 2912(a) of title 10, United States Code, is
20 amended by inserting ‘‘and, in the case of operational en-
21 ergy, from both training and operational missions,’’ after
22 ‘‘under section 2913 of this title,’’.
23   SEC. 318. LONG-DURATION DEMONSTRATION INITIATIVE

24                      AND JOINT PROGRAM.

25          (a) DEFINITIONS.—In this section:
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 1             (1) DIRECTOR.—The term ‘‘Director’’ means the
 2       Director of the Environmental Security Technology
 3       Certification Program of the Department of Defense.
 4             (2) DIRECTOR OF ARPA–E.—The term ‘‘Director
 5       of ARPA–E’’ means the Director of the Advanced Re-
 6       search Projects Agency—Energy.
 7             (3) INITIATIVE.—The term ‘‘Initiative’’ means
 8       the demonstration initiative established under sub-
 9       section (b).
10             (4) JOINT   PROGRAM.—The      term ‘‘Joint Pro-
11       gram’’ means the joint program established under
12       subsection (d).
13       (b) ESTABLISHMENT OF INITIATIVE.—Not later than
14 180 days after the date of enactment of this Act, the Direc-
15 tor shall establish a demonstration initiative composed of
16 demonstration projects focused on the development of long-
17 duration energy storage technologies.
18       (c) SELECTION OF PROJECTS.—To the maximum ex-
19 tent practicable, in selecting demonstration projects to par-
20 ticipate in the Initiative, the Director shall—
21             (1) ensure a range of technology types;
22             (2) ensure regional diversity among projects; and
23             (3) consider bulk power level, distribution power
24       level, behind-the-meter, microgrid (grid-connected or
25       islanded mode), and off-grid applications.


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 1      (d) JOINT PROGRAM.—
 2            (1) ESTABLISHMENT.—As part of the Initiative,
 3      the Director, in consultation with the Director of
 4      ARPA–E, shall establish within the Department of
 5      Defense a joint program to carry out projects—
 6                   (A) to demonstrate promising long-duration
 7            energy storage technologies at different scales to
 8            promote energy resiliency; and
 9                   (B) to help new, innovative long-duration
10            energy storage technologies become commercially
11            viable.
12            (2) MEMORANDUM           OF   UNDERSTANDING.—Not

13      later than 200 days after the date of enactment of this
14      Act, the Director shall enter into a memorandum of
15      understanding with the Director of ARPA–E to ad-
16      minister the Joint Program.
17            (3) INFRASTRUCTURE.—In carrying out the
18      Joint Program, the Director and the Director of
19      ARPA–E shall—
20                   (A) use existing test-bed infrastructure at—
21                       (i) installations of the Department of
22                   Defense; and
23                       (ii) facilities of the Department of En-
24                   ergy; and




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1                    (B) develop new infrastructure for identi-
2             fied projects, if appropriate.
3             (4) GOALS AND METRICS.—The Director and the
4       Director of ARPA–E shall develop goals and metrics
5       for technological progress under the Joint Program
6       consistent with energy resilience and energy security
7       policies.
8             (5) SELECTION OF PROJECTS.—
 9                   (A) IN GENERAL.—To the maximum extent
10            practicable, in selecting projects to participate in
11            the Joint Program, the Director and the Director
12            of ARPA–E shall—
13                         (i) ensure that projects are carried out
14                   under conditions that represent a variety of
15                   environments with different physical condi-
16                   tions and market constraints; and
17                         (ii) ensure an appropriate balance
18                   of—
19                               (I) larger, higher-cost projects;
20                         and
21                               (II) smaller, lower-cost projects.
22                   (B) PRIORITY.—In carrying out the Joint
23            Program, the Director and the Director of
24            ARPA–E shall give priority to demonstration
25            projects that—


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 1                         (i) make available to the public project
 2                     information that will accelerate deployment
 3                     of long-duration energy storage technologies
 4                     that promote energy resiliency; and
 5                         (ii) will be carried out in the field.
 6   SEC. 319. PILOT PROGRAM ON ALTERNATIVE FUEL VEHICLE

 7                    PURCHASING.

 8       (a) IN GENERAL.—The Secretary of Defense, in coordi-
 9 nation with the Secretary of Energy and the Administrator
10 of the General Services Administration, shall carry out a
11 pilot program under which the Secretary of Defense may,
12 notwithstanding section 400AA of the Energy Policy and
13 Conservation Act (42 U.S.C. 6374), purchase new alter-
14 native fuel vehicles for which the initial cost of such vehicles
15 exceeds the initial cost of a comparable gasoline or diesel
16 fueled vehicle by not more than 10 percent.
17       (b) LOCATIONS.—
18             (1) IN GENERAL.—The Secretary of Defense shall
19       carry out the pilot program under subsection (a) at
20       not fewer than 2 facilities or installations of the De-
21       partment of Defense in the continental United States
22       that—
23                     (A) have the largest total number of at-
24             tached noncombat vehicles as compared to other




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 1             facilities or installations of the Department of
 2             Defense; and
 3                     (B) are located within 20 miles of public or
 4             private refueling or recharging stations.
 5             (2) AIR FORCE LOGISTICS CENTER.—One of the
 6       facilities or installations selected under paragraph (1)
 7       shall be an Air Force Logistics Center.
 8       (c) ALTERNATIVE FUEL VEHICLE DEFINED.—In this
 9 section, the term ‘‘alternative fuel vehicle’’ includes a vehicle
10 that uses—
11             (1) fuels derived from renewable biomass, as de-
12       fined in section 211(o)(1)(I) of the Clean Air Act (42
13       U.S.C. 7545(o)(1)(I));
14             (2) natural gas (including compressed and lique-
15       fied natural gas); or
16             (3) propane.
17   SEC. 320. EXTENSION OF REAL-TIME SOUND MONITORING

18                    AT NAVY INSTALLATIONS WHERE TACTICAL

19                    FIGHTER AIRCRAFT OPERATE.

20       Section 325(a)(1) of the National Defense Authoriza-
21 tion Act for Fiscal Year 2020 (Public Law 116–92) is
22 amended by striking ‘‘a 12-month period’’ and inserting
23 ‘‘two 12-month periods, including one such period that be-
24 gins in fiscal year 2021’’.




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 1   SEC. 321. STUDY ON IMPACTS OF TRANSBOUNDARY FLOWS,

 2                    SPILLS, OR DISCHARGES OF POLLUTION OR

 3                    DEBRIS FROM THE TIJUANA RIVER ON PER-

 4                    SONNEL, ACTIVITIES, AND INSTALLATIONS

 5                    OF DEPARTMENT OF DEFENSE.

 6       (a) STUDY.—
 7             (1) IN GENERAL.—Not later than 90 days after
 8       the date of the enactment of this Act, the Secretary of
 9       Defense, in coordination with the Administrator of
10       the Environmental Protection Agency, the Secretary
11       of State, and the United States Commissioner of the
12       International Boundary and Water Commission,
13       shall commission an independent scientific study of
14       the impacts of transboundary flows, spills, or dis-
15       charges of pollution or debris from the Tijuana River
16       on the personnel, activities, and installations of the
17       Department of Defense.
18             (2) ELEMENTS.—The study required by para-
19       graph (1) shall address the short-term, long-term, pri-
20       mary, and secondary impacts of transboundary flows,
21       spills, or discharges of pollution or debris from the Ti-
22       juana River and include recommendations to mitigate
23       such impacts.
24       (b) REPORT.—Not later than 180 days after the date
25 of the enactment of this Act, the Secretary of Defense shall
26 submit to the appropriate committees of Congress a report
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 1 containing the results of the study under subsection (a), in-
 2 cluding all findings and recommendations resulting from
 3 the study.
 4        (c) APPROPRIATE COMMITTEES OF CONGRESS DE-
 5   FINED.—In this section, the term ‘‘appropriate committees

 6 of Congress’’ means—
 7              (1) the Committee on Armed Services, the Com-
 8        mittee on Environment and Public Works, and the
 9        Committee on Foreign Relations of the Senate; and
10              (2) the Committee on Armed Services, the Com-
11        mittee on Transportation and Infrastructure, and the
12        Committee on Foreign Affairs of the House of Rep-
13        resentatives.
14   SEC. 322. INCREASE IN FUNDING FOR STUDY BY CENTERS

15                     FOR DISEASE CONTROL AND PREVENTION

16                     RELATING    TO   PERFLUOROALKYL     AND

17                     POLYFLUOROALKYL SUBSTANCE CONTAMINA-

18                     TION IN DRINKING WATER.

19        (a) IN GENERAL.—
20              (1) INCREASE.—The amount authorized to be
21        appropriated by this Act for fiscal year 2021 for Op-
22        eration and Maintenance, Defense Wide for SAG
23        4GTN for the study by the Centers for Disease Control
24        and Prevention under section 316(a)(2)(B)(ii) of the
25        National Defense Authorization Act for Fiscal Year


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 1       2018 (Public Law 115–91; 131 Stat. 1350) is hereby
 2       increased by $5,000,000.
 3             (2) OFFSET.—The amount authorized to be ap-
 4       propriated by this Act for fiscal year 2021 for Oper-
 5       ation    and     Maintenance,   Army    for   SAG   421,
 6       Servicewide Transportation is hereby reduced by
 7       $5,000,000.
 8       (b) INCREASE       IN   TRANSFER AUTHORITY.—Section
 9 316(a)(2)(B)(ii) of the National Defense Authorization Act
10 for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350),
11 as amended by section 315(a) of the John S. McCain Na-
12 tional Defense Authorization Act for Fiscal Year 2019 (Pub-
13 lic Law 115–232; 132 Stat. 1713), is amended by striking
14 ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’.
15           Subtitle C—Logistics and
16                 Sustainment
17   SEC. 331. REPEAL OF STATUTORY REQUIREMENT FOR NOTI-

18                    FICATION TO DIRECTOR OF DEFENSE LOGIS-

19                    TICS AGENCY THREE YEARS PRIOR TO IMPLE-

20                    MENTING CHANGES TO ANY UNIFORM OR

21                    UNIFORM COMPONENT.

22       Section 356 of the John S. McCain National Defense
23 Authorization Act for Fiscal Year 2019 (Public Law 115–
24 232; 10 U.S.C. 771 note prec.) is amended—
25             (1) by striking subsection (a);


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 1             (2) by redesignating subsections (b) and (c) as
 2       subsections (a) and (b), respectively; and
 3             (3) in subsections (a) and (b), as so redesignated,
 4       by striking ‘‘Commander’’ each place it appears and
 5       inserting ‘‘Director’’.
 6   SEC. 332. CLARIFICATION OF LIMITATION ON LENGTH OF

 7                    OVERSEAS FORWARD DEPLOYMENT OF CUR-

 8                    RENTLY DEPLOYED NAVAL VESSELS.

 9       Section 323(b) of the John S. McCain National De-
10 fense Authorization Act for Fiscal Year 2019 (Public Law
11 115–232; 132 Stat. 1720; 10 U.S.C. 8690 note) is amended
12 by striking ‘‘In the case of any naval vessel’’ and inserting
13 ‘‘In the case of any aircraft carrier, amphibious ship, cruis-
14 er, destroyer, frigate, or littoral combat ship’’.
15                    Subtitle D—Reports
16   SEC. 351. REPORT ON IMPACT OF PERMAFROST THAW ON

17                    INFRASTRUCTURE, FACILITIES, AND OPER-

18                    ATIONS OF THE DEPARTMENT OF DEFENSE.

19       (a) REPORT REQUIRED.—Not later than 180 days
20 after the date of the enactment of this Act, the Secretary
21 of Defense shall submit to the congressional defense commit-
22 tees a comprehensive report on the impact of permafrost
23 thaw on the infrastructure, facilities, assets, and operations
24 of the Department of Defense.




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 1       (b) ELEMENTS.—The report required by subsection (a)
 2 shall include the following:
 3             (1) An identification of the infrastructure, facili-
 4       ties, and assets of the Department of Defense that
 5       could be impacted by permafrost thaw.
 6             (2) For each element of infrastructure and each
 7       facility and asset identified pursuant to paragraph
 8       (1)—
 9                    (A) an assessment of the threat posed by
10             permafrost thaw; and
11                    (B) an estimate of potential damage in the
12             event of likely permafrost thaw.
13             (3) A description of the threats and impacts
14       posed by permafrost thaw to military and other na-
15       tional security operations.
16       (c) CONSULTATION.—In preparing the report under
17 subsection (a), the Secretary may consult with other Federal
18 agencies, agencies of State and local governments, and aca-
19 demic institutions with expertise or experience in the effects
20 of permafrost thaw on infrastructure, facilities, and oper-
21 ations.
22       (d) ASSET DEFINED.—In this section, the term ‘‘asset’’
23 means the following:




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1              (1) Any aircraft, weapon system, vehicle, equip-
2        ment, or gear of the Department of Defense or the
3        Armed Forces.
4              (2) Any other item of the Department or the
5        Armed Forces that the Secretary considers appro-
6        priate for purposes of this section.
7    SEC. 352. PLANS AND REPORTS ON EMERGENCY RESPONSE

8                     TRAINING FOR MILITARY INSTALLATIONS.

 9       (a) PLANS.—
10             (1) IN GENERAL.—Not later than 90 days after
11       the date of the enactment of this Act, the Secretary of
12       Defense shall ensure that each military installation
13       under the jurisdiction of the Secretary that does not
14       conduct live emergency response training on an an-
15       nual basis or more frequently with the civilian law
16       enforcement and emergency response agencies respon-
17       sible for responding to an emergency at the installa-
18       tion develops a plan to conduct such training.
19             (2) ELEMENTS.—Each plan developed under
20       paragraph (1) with respect to an installation—
21                     (A) shall include—
22                             (i) the cost of implementing training
23                     described in paragraph (1) at the installa-
24                     tion;




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 1                        (ii) a description of any obstacles to
 2                   the implementation of such training; and
 3                        (iii) recommendations for mitigating
 4                   any such obstacles; and
 5                   (B) shall be designed to ensure that the ci-
 6            vilian law enforcement and emergency response
 7            agencies described in paragraph (1) are familiar
 8            with—
 9                        (i) the physical features of the installa-
10                   tion, including gates, buildings, armories,
11                   headquarters, command and control centers,
12                   and medical facilities; and
13                        (ii) the emergency response personnel
14                   and procedures of the installation.
15            (3) SUBMITTAL OF PLANS.—
16                   (A) SUBMITTAL TO SECRETARY.—Not later
17            than 90 days after the date of the enactment of
18            this Act, the commander of each military instal-
19            lation required to develop a plan under para-
20            graph (1) shall submit such plan to the Sec-
21            retary of Defense.
22                   (B) SUBMITTAL TO CONGRESS.—Not later
23            than 180 days after the date of the enactment of
24            this Act, the Secretary shall submit to the Com-
25            mittees on Armed Services of the Senate and the


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 1              House of Representatives a summary of the
 2              plans submitted to the Secretary under subpara-
 3              graph (A).
 4      (b) REPORTS ON TRAINING CONDUCTED.—
 5              (1) LIST OF INSTALLATIONS.—Not later than
 6      March 1, 2021, the Secretary shall submit to the Com-
 7      mittees on Armed Services of the Senate and the
 8      House of Representatives a list of all military instal-
 9      lations under the jurisdiction of the Secretary that
10      conduct live emergency response training on an an-
11      nual basis or more frequently with the civilian law
12      enforcement and emergency response agencies respon-
13      sible for responding to an emergency at the installa-
14      tion.
15              (2) ANNUAL REPORTS.—
16                   (A) IN GENERAL.—Not later than one year
17              after the date of the enactment of this Act, and
18              annually thereafter, the commander of each mili-
19              tary installation under the jurisdiction of the
20              Secretary shall submit to the Secretary a report
21              on each live emergency response training con-
22              ducted during the year covered by the report
23              with the civilian law enforcement and emergency
24              response agencies responsible for responding to
25              an emergency at the installation.


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 1                   (B) ELEMENTS.—Each report submitted
 2            under subparagraph (A) shall include, with re-
 3            spect to each training exercise, the following:
 4                           (i) The date and duration of the exer-
 5                   cise.
 6                           (ii) A detailed description of the exer-
 7                   cise.
 8                           (iii) An identification of all military
 9                   and civilian personnel who participated in
10                   the exercise.
11                           (iv) Any recommendations resulting
12                   from the exercise.
13                           (v) The actions taken, if any, to imple-
14                   ment such recommendations.
15                   (C) INCLUSION IN ANNUAL BUDGET SUBMIS-
16            SION.—

17                           (i) IN GENERAL.—The Secretary shall
18                   include in the budget submitted to Congress
19                   by the President pursuant to section
20                   1105(a) of title 31, United States Code, a
21                   summary of any report submitted to the
22                   Secretary under subparagraph (A) during
23                   the one-year period preceding the submittal
24                   of the budget.




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 1                          (ii) CLASSIFIED FORM.—The summary
 2                     submitted under clause (i) may be sub-
 3                     mitted in classified form.
 4                     (D) SUNSET.—The requirement to submit
 5             annual reports under subparagraph (A) shall
 6             terminate upon the submittal of the budget de-
 7             scribed in subparagraph (C)(i) for fiscal year
 8             2024.
 9   SEC. 353. REPORT ON IMPLEMENTATION BY DEPARTMENT

10                    OF DEFENSE OF REQUIREMENTS RELATING

11                    TO RENEWABLE FUEL PUMPS.

12       (a) IN GENERAL.—Not later than 90 days after the
13 date of the enactment of this Act, the Secretary of Defense
14 shall submit to Congress a report on the implementation
15 by the Department of Defense of the requirements under sec-
16 tion 246(a) of the Energy Independence and Security Act
17 of 2007 (42 U.S.C. 17053(a)).
18       (b) ELEMENTS.—The report required by subsection (a)
19 shall include the following:
20             (1) An estimate of the cost to the Department of
21       fully implementing the requirements under section
22       246(a) of the Energy Independence and Security Act
23       of 2007; and




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 1             (2) An assessment of any problems or issues the
 2       Department is having in complying with the require-
 3       ments under such section.
 4       (c) EXCEPTION.—The report required by subsection (a)
 5 shall not apply to a fueling center of the Department with
 6 a fuel turnover rate of less than 100,000 gallons of fuel per
 7 year.
 8   SEC. 354. REPORT ON EFFECTS OF EXTREME WEATHER ON

 9                    DEPARTMENT OF DEFENSE.

10       (a) IN GENERAL.—Not later than 180 days after the
11 date of the enactment of this Act, the Secretary of Defense
12 shall submit to the congressional defense committees a re-
13 port on vulnerabilities to military installations and com-
14 batant commander requirements resulting from extreme
15 weather that builds upon the report submitted under section
16 335(c) of the National Defense Authorization Act for Fiscal
17 Year 2018 (Public Law 115–91; 131 Stat. 1358).
18       (b) ELEMENTS.—The report required by subsection (a)
19 shall include the following:
20             (1) An explanation of the underlying method-
21       ology that the Department uses to assess the effects of
22       extreme weather in the report, including through the
23       use of a climate vulnerability and risk assessment tool
24       as directed under section 326 of the National Defense




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 1      Authorization Act for Fiscal Year 2020 (Public Law
 2      116–92).
 3            (2) An assessment of how extreme weather affects
 4      low-lying military installations, military installa-
 5      tions of the Navy and the Marine Corps, and military
 6      installations outside the United States.
 7            (3) An assessment of how extreme weather affects
 8      access of members of the Armed Forces to training
 9      ranges.
10            (4) With respect to a military installation in a
11      country outside the United States, an assessment of
12      the collaboration between the Department of Defense
13      and the military or civilian agencies of the govern-
14      ment of that country or nongovernmental organiza-
15      tions operating in that country to adapt to risks from
16      extreme weather.
17            (5) An assessment of how extreme weather affects
18      housing safety and food security on military installa-
19      tions.
20            (6) An assessment of the strategic benefits de-
21      rived from isolating infrastructure of the Department
22      of Defense in the United States from the national
23      electric grid and the use of energy-efficient, distrib-
24      uted, and smart power grids by the Armed Forces in




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 1       the United States and overseas to ensure affordable
 2       access to electricity.
 3             (7) A list of ten military installation resilience
 4       projects conducted within each military department.
 5             (8) An overview of mitigations, in addition to
 6       current efforts undertaken by the Department, that
 7       may be necessary to ensure the continued operational
 8       viability and to increase the resilience of military in-
 9       stallations, and the estimated costs of those mitiga-
10       tions.
11       (c) CONSULTATION.—In developing the report required
12 by subsection (a), the Secretary of Defense shall consult with
13 the Administrator of the Environmental Protection Agency,
14 the Secretary of Energy, the Administrator of the National
15 Oceanic and Atmospheric Administration, the Adminis-
16 trator of the Federal Emergency Management Agency, the
17 Commander of the Army Corps of Engineers, the Adminis-
18 trator of the National Aeronautics and Space Administra-
19 tion, a federally funded research and development center,
20 and the heads of such other relevant Federal agencies as
21 the Secretary of Defense determines appropriate.
22       (d) FORM OF REPORT.—The report required by sub-
23 section (a) shall be submitted in unclassified form but may
24 contain a classified annex if necessary.




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 1       (e) PUBLICATION.—Upon submittal of the report re-
 2 quired by subsection (a), the Secretary of Defense shall pub-
 3 lish the unclassified portion of the report on an Internet
 4 website of the Department of Defense that is available to
 5 the public.
 6       (f) DEFINITIONS.—In this section:
 7             (1) EXTREME       WEATHER.—The     term ‘‘extreme
 8       weather’’       means   recurrent   flooding,   drought,
 9       desertification, wildfires, and thawing permafrost.
10             (2) UNITED STATES.—The term ‘‘United States’’
11       means the several States, the District of Columbia,
12       and any territory or possession of the United States.
13           Subtitle E—Other Matters
14   SEC. 371. PROHIBITION ON DIVESTITURE OF MANNED IN-

15                    TELLIGENCE, SURVEILLANCE, AND RECON-

16                    NAISSANCE AIRCRAFT OPERATED BY UNITED

17                    STATES SPECIAL OPERATIONS COMMAND.

18       No funds authorized to be appropriated by this Act
19 may be used to divest any manned intelligence, surveillance,
20 and reconnaissance aircraft operated by the United States
21 Special Operations Command, and the Department of De-
22 fense may not divest any manned intelligence, surveillance,
23 and reconnaissance aircraft operated by the United States
24 Special Operations Command in fiscal year 2021.




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 1   SEC. 372. INFORMATION ON OVERSEAS CONSTRUCTION

 2                    PROJECTS IN SUPPORT OF CONTINGENCY

 3                    OPERATIONS USING FUNDS FOR OPERATION

 4                    AND MAINTENANCE.

 5       (a) ANNUAL BUDGET JUSTIFICATION DISPLAY.—Sec-
 6 tion 2805(c) of title 10, United States Code, is amended—
 7             (1) by striking ‘‘The Secretary concerned’’ and
 8       inserting ‘‘(1) The Secretary concerned’’; and
 9             (2) by adding at the end the following new para-
10       graphs:
11       ‘‘(2) The Secretary of each military department, the
12 Director of each Defense Agency, and the head of any other
13 relevant component of the Department of Defense shall track
14 and report to the Under Secretary of Defense (Comptroller)
15 relevant data regarding all overseas construction projects
16 funded with amounts appropriated or otherwise made
17 available for operation and maintenance in support of con-
18 tingency operations.
19       ‘‘(3)(A) The Secretary of Defense shall prepare, for in-
20 clusion in the annual budget submission by the President
21 to Congress under section 1105 of title 31, a consolidated
22 budget justification display, in classified and unclassified
23 form, that identifies all overseas construction projects fund-
24 ed with amounts appropriated or otherwise made available
25 for operation and maintenance in support of contingency
26 operations.
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 1       ‘‘(B) The display prepared under subparagraph (A)
 2 shall include a list of all construction projects described in
 3 such subparagraph that were completed in the prior fiscal
 4 year, that are ongoing, or that are expected for the next
 5 five fiscal years, and shall identify for each project—
 6             ‘‘(i) the component of the Department of Defense
 7       involved in the project;
 8             ‘‘(ii) the location of the project;
 9             ‘‘(iii) a brief description of the purpose of the
10       project; and
11             ‘‘(iv) the actual or estimated cost of the project.’’.
12       (b) REPORT ON CONSTRUCTION PROJECTS IN SUP-
13   PORT OF CONTINGENCY OPERATIONS.—

14             (1) IN GENERAL.—Not later than March 1, 2021,
15       the Secretary of Defense shall submit to the congres-
16       sional defense committees a report on ways to im-
17       prove the development, funding, and execution of con-
18       struction projects in support of overseas contingency
19       operations, including those funded with amounts ap-
20       propriated or otherwise made available for operation
21       and maintenance and those funded with amounts ap-
22       propriated or otherwise made available for military
23       construction.
24             (2) ELEMENTS.—The report required by para-
25       graph (1) shall include, at a minimum, the following:


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1                    (A) An examination and comparison of the
2             time required to plan, approve, and execute con-
3             struction projects funded with operation and
4             maintenance amounts versus those funded with
5             military construction amounts, in support of
6             contingency operations, including construction
7             projects in support of recent operations in Af-
8             ghanistan, Iraq, Syria, and Eastern Europe.
9                    (B) A description of any challenges associ-
10            ated with the processes of the Department of De-
11            fense for planning, approving, and executing
12            such projects.
13                   (C) A description of any ongoing or
14            planned efforts to improve such processes to pro-
15            mote efficiency and expediency in the develop-
16            ment and execution of such projects.
17                   (D) Any recommendations with respect to
18            improving such processes, including those from
19            the commanders of the combatant commands and
20            the Secretaries of the military departments.




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 1   SEC. 373. PROVISION OF PROTECTION TO THE NATIONAL

 2                    MUSEUM OF THE MARINE CORPS, THE NA-

 3                    TIONAL MUSEUM OF THE UNITED STATES

 4                    ARMY,   THE    NATIONAL   MUSEUM     OF   THE

 5                    UNITED STATES NAVY, AND THE NATIONAL

 6                    MUSEUM OF THE UNITED STATES AIR FORCE.

 7       Section 2465(b) of title 10, United States Code, is
 8 amended by adding at the end the following new paragraph:
 9             ‘‘(5) A contract for the performance of on-site
10       armed security guard functions to be performed—
11                     ‘‘(A) at the Marine Corps Heritage Center
12             at Marine Corps Base Quantico, Virginia, in-
13             cluding the National Museum of the Marine
14             Corps;
15                     ‘‘(B) at the Heritage Center for the Na-
16             tional Museum of the United States Army at
17             Fort Belvoir, Virginia;
18                     ‘‘(C) at the Heritage Center for the National
19             Museum of the United States Navy at Wash-
20             ington, District of Columbia; or
21                     ‘‘(D) at the Heritage Center for the Na-
22             tional Museum of the United States Air Force at
23             Wright-Patterson Air Force Base, Ohio.’’.




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 1   SEC. 374. INAPPLICABILITY OF CONGRESSIONAL NOTIFICA-

 2                    TION AND DOLLAR LIMITATION REQUIRE-

 3                    MENTS FOR ADVANCE BILLINGS FOR CER-

 4                    TAIN BACKGROUND INVESTIGATIONS.

 5       Section 2208(l) of title 10, United States Code, is
 6 amended—
 7             (1) by redesignating paragraph (4) as para-
 8       graph (5); and
 9             (2) by inserting after paragraph (3) the fol-
10       lowing new paragraph (4):
11       ‘‘(4) This subsection shall not apply to advance billing
12 for background investigation and related services performed
13 by the Defense Counterintelligence and Security Agency.’’.
14   SEC. 375. REPEAL OF SUNSET FOR MINIMUM ANNUAL PUR-

15                    CHASE   AMOUNT   FOR   CARRIERS   PARTICI-

16                    PATING IN THE CIVIL RESERVE AIR FLEET.

17       Section 9515 of title 10, United States Code, is amend-
18 ed by striking subsection (k).
19   SEC. 376. IMPROVEMENT OF THE OPERATIONAL ENERGY

20                    CAPABILITY IMPROVEMENT FUND OF THE DE-

21                    PARTMENT OF DEFENSE.

22       (a) MANAGEMENT OF THE OPERATIONAL ENERGY CA-
23   PABILITY IMPROVEMENT FUND.—The Assistant Secretary

24 of Defense for Sustainment shall exercise authority, direc-
25 tion, and control over the Operational Energy Capability


      † HR 6395 EAS
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1 Improvement Fund of the Department of Defense (in this
2 section referred to as the ‘‘OECIF’’).
 3       (b) ALIGNMENT AND COORDINATION WITH RELATED
4 PROGRAMS.—
 5             (1) REALIGNMENT OF OECIF.—Not later than 60
 6       days after the date of the enactment of this Act, the
 7       Secretary of Defense shall realign the OECIF under
 8       the Assistant Secretary of Defense for Sustainment,
 9       with such realignment to include personnel positions
10       adequate for the mission of the OECIF.
11             (2) BETTER COORDINATION WITH RELATED PRO-
12       GRAMS.—The      Assistant Secretary shall ensure that
13       the placement under the authority of the Assistant
14       Secretary of the OECIF along with the Strategic En-
15       vironmental Research Program, the Environmental
16       Security Technology Certification Program, and the
17       Operational Energy Prototyping Program is utilized
18       to advance common goals of the Department, promote
19       organizational synergies, and avoid unnecessary du-
20       plication of effort.
21       (c) PROGRAM FOR OPERATIONAL ENERGY PROTO-
22   TYPING.—

23             (1) IN GENERAL.—Commencing not later than
24       90 days after the date of the enactment of this Act,
25       the Secretary of Defense, through the Assistant Sec-


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 1      retary of Defense for Sustainment, shall carry out a
 2      program for the demonstration of technologies related
 3      to operational energy prototyping, including dem-
 4      onstration of operational energy technology and vali-
 5      dation prototyping.
 6            (2) OPERATION        OF PROGRAM.—The       Secretary
 7      shall ensure that the program under paragraph (1)
 8      operates in conjunction with the OECIF to promote
 9      the transfer of innovative technologies that have suc-
10      cessfully established proof of concept for use in pro-
11      duction or in the field.
12            (3) PROGRAM ELEMENTS.—In carrying out the
13      program under paragraph (1) the Secretary shall—
14                   (A) identify and demonstrate the most
15            promising, innovative, and cost-effective tech-
16            nologies and methods that address high-priority
17            operational energy requirements of the Depart-
18            ment of Defense;
19                   (B) in conducting demonstrations under
20            subparagraph (A), the Secretary shall—
21                         (i) collect cost and performance data to
22                   overcome barriers against employing an in-
23                   novative technology because of concerns re-
24                   garding technical or programmatic risk;
25                   and


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 1                       (ii) ensure that components of the De-
 2                   partment have time to establish new re-
 3                   quirements where necessary and plan, pro-
 4                   gram, and budget for technology transition
 5                   to programs of record;
 6                   (C) utilize project structures similar to
 7            those of the OECIF to ensure transparency and
 8            accountability throughout the efforts conducted
 9            under the program; and
10                   (D) give priority, in conjunction with the
11            OECIF, to the development and fielding of clean
12            technologies that reduce reliance on fossil fuels.
13            (4) TOOL     FOR ACCOUNTABILITY AND TRANSI-

14      TION.—

15                   (A) IN GENERAL.—In carrying out the pro-
16            gram under paragraph (1) the Secretary shall
17            develop and utilize a tool to track relevant in-
18            vestments in operational energy from applied re-
19            search to transition to use to ensure user organi-
20            zations have the full picture of technology matu-
21            ration and development.
22                   (B) TRANSITION.—The tool developed and
23            utilized under subparagraph (A) shall be de-
24            signed to overcome transition challenges with
25            rigorous and well-documented demonstrations


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 1             that provide the information needed by all stake-
 2             holders for acceptance of the technology.
 3             (5) LOCATIONS.—
 4                     (A) IN    GENERAL.—The    Secretary shall
 5             carry out the testing and evaluation phase of the
 6             program under paragraph (1) at installations of
 7             the Department of Defense or in conjunction
 8             with exercises conducted by the Joint Staff, a
 9             combatant command, or a military department.
10                     (B) FORMAL DEMONSTRATIONS.—The Sec-
11             retary shall carry out any formal demonstra-
12             tions under the program under paragraph (1) at
13             installations of the Department or in operational
14             settings to document and validate improved
15             warfighting performance and cost savings.
16   SEC. 377. COMMISSION ON THE NAMING OF ITEMS OF THE

17                    DEPARTMENT OF DEFENSE THAT COMMEMO-

18                    RATE THE CONFEDERATE STATES OF AMER-

19                    ICA OR ANY PERSON WHO SERVED VOLUN-

20                    TARILY WITH THE CONFEDERATE STATES OF

21                    AMERICA.

22       (a) REMOVAL.—Not later than three years after the
23 date of the enactment of this Act, the Secretary of Defense
24 shall implement the plan submitted by the commission de-
25 scribed in paragraph (b) and remove all names, symbols,


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 1 displays, monuments, and paraphernalia that honor or
 2 commemorate the Confederate States of America (commonly
 3 referred to as the ‘‘Confederacy’’) or any person who served
 4 voluntarily with the Confederate States of America from all
 5 assets of the Department of Defense.
 6       (b) IN GENERAL.—The Secretary of Defense shall es-
 7 tablish a commission relating to assigning, modifying, or
 8 removing of names, symbols, displays, monuments, and
 9 paraphernalia to assets of the Department of Defense that
10 commemorate the Confederate States of America or any per-
11 son who served voluntarily with the Confederate States of
12 America.
13       (c) DUTIES.—The Commission shall—
14             (1) assess the cost of renaming or removing
15       names, symbols, displays, monuments, or para-
16       phernalia that commemorate the Confederate States of
17       America or any person who served voluntarily with
18       the Confederate States of America;
19             (2) develop procedures and criteria to assess
20       whether an existing name, symbol, monument, dis-
21       play, or paraphernalia commemorates the Confederate
22       States of America or person who served voluntarily
23       with the Confederate States of America;
24             (3) recommend procedures for renaming assets of
25       the Department of Defense to prevent commemoration


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 1      of the Confederate States of America or any person
 2      who served voluntarily with the Confederate States of
 3      America;
 4            (4) develop a plan to remove names, symbols,
 5      displays, monuments, or paraphernalia that com-
 6      memorate the Confederate States of America or any
 7      person who served voluntarily with the Confederate
 8      States of America from assets of the Department of
 9      Defense, within the timeline established by this Act;
10      and
11            (5) include in the plan procedures and criteria
12      for collecting and incorporating local sensitivities as-
13      sociated with naming or renaming of assets of the De-
14      partment of Defense.
15      (d) MEMBERSHIP.—The Commission shall be com-
16 posed of eight members, of whom—
17            (1) four shall be appointed by the Secretary of
18      Defense;
19            (2) one shall be appointed by the Chairman of
20      the Committee on Armed Services of the Senate;
21            (3) one shall be appointed by the Ranking Mem-
22      ber of the Committee on Armed Services of the Senate;
23            (4) one shall be appointed by the Chairman of
24      the Committee on Armed Services of the House of
25      Representatives; and


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 1             (5) one shall be appointed by the Ranking Mem-
 2       ber of the Committee on Armed Services of the House
 3       of Representatives.
 4       (e) APPOINTMENT.—Members of the Commission shall
 5 be appointed not later than 45 days after the date of the
 6 enactment of this Act.
 7       (f) INITIAL MEETING.—The Commission shall hold its
 8 initial meeting on the date that is 60 days after the enact-
 9 ment of this Act.
10       (g) BRIEFINGS AND REPORTS.—Not later than October
11 1, 2021, the Commission shall brief the Committees on
12 Armed Services of the Senate and House of Representatives
13 detailing the progress of the requirements under subsection
14 (c). Not later than October 1, 2022, and not later than 90
15 days before the implementation of the plan in subsection
16 (c)(4), the Commission shall present a briefing and written
17 report detailing the results of the requirements under sub-
18 section (c), including:
19             (1) A list of assets to be removed or renamed.
20             (2) Costs associated with the removal or renam-
21       ing of assets in subsection (g)(1).
22             (3) Criteria and requirements used to nominate
23       and rename assets in subsection (g)(1).




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 1             (4) Methods of collecting and incorporating local
 2       sensitivities associated with the removal or renaming
 3       of assets in subsection (g)(1).
 4       (h) FUNDING.—
 5             (1)     AUTHORIZATION       OF   APPROPRIATIONS.—

 6       There is authorized to be appropriated $2,000,000 to
 7       carry out this section.
 8             (2) OFFSET.—The amount authorized to be ap-
 9       propriated by the Act for fiscal year 2021 for Oper-
10       ations and Maintenance, Army, sub activity group
11       434 - other personnel support is hereby reduced by
12       $2,000,000.
13       (i) ASSETS DEFINED.—In this section, the term ‘‘as-
14 sets’’ includes any base, installation, street, building, facil-
15 ity, aircraft, ship, plane, weapon, equipment, or any other
16 property owned or controlled by the Department of Defense.
17       (j) EXEMPTION FOR GRAVE MARKERS.—Shall not
18 cover monuments but shall exempt grave markers. Congress
19 expects the commission to further define what constitutes
20 a grave marker.
21   SEC. 378. MODIFICATIONS TO REVIEW OF PROPOSED AC-

22                    TIONS BY MILITARY AVIATION AND INSTAL-

23                    LATION ASSURANCE CLEARINGHOUSE.

24       Section 183a(c)(2) of title 10, United States Code, is
25 amended—


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1             (1) by striking ‘‘If the Clearinghouse’’ and in-
2       serting ‘‘(A) If the Clearinghouse’’; and
3             (2) by adding at the end the following new sub-
4       paragraphs:
5             ‘‘(B) After the Clearinghouse issues a notice
6       under subparagraph (A) with respect to an energy
7       project, the parties should seek to identify feasible and
8       affordable actions that can be taken by the Depart-
9       ment, the developer of such energy project, or others
10      to mitigate any adverse impact on military oper-
11      ations and readiness.
12            ‘‘(C) If the Secretary determines within a rea-
13      sonable period of time after the issuance of a notice
14      under subparagraph (A) with respect to an energy
15      project that the concerns identified in the preliminary
16      review conducted under paragraph (1) with respect to
17      such project have been mitigated to the extent that
18      such project does not pose an unacceptable level of
19      risk to military operations and readiness, the Clear-
20      inghouse shall timely issue a mission compatibility
21      letter to the applicant of such project, the governor of
22      the State in which such project is located, and the
23      Secretary of the finding of the Clearinghouse.’’.




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 1   SEC. 379. ADJUSTMENT IN AVAILABILITY OF APPROPRIA-

 2                    TIONS FOR UNUSUAL COST OVERRUNS AND

 3                    FOR CHANGES IN SCOPE OF WORK.

 4       Section 8683 of title 10, United States Code, is amend-
 5 ed by adding at the end the following new subsection:
 6       ‘‘(c) TREATMENT OF AMOUNTS APPROPRIATED AFTER
 7 END OF PERIOD OF OBLIGATION.—In the application of
 8 section 1553(c) of title 31 to funds appropriated in the Op-
 9 eration and Maintenance, Navy account that are available
10 for ship overhaul, the Secretary of the Navy—
11             ‘‘(1) may treat the limitation specified in para-
12       graph (1) of such section to be ‘$10,000,000’ rather
13       than ‘$4,000,000’; and
14             ‘‘(2) may treat the limitation specified in para-
15       graph (2) of such section to be ‘$30,000,000’ rather
16       than ‘$25,000,000’.’’.
17   SEC. 380. REQUIREMENT THAT SECRETARY OF DEFENSE IM-

18                    PLEMENT SECURITY AND EMERGENCY RE-

19                    SPONSE RECOMMENDATIONS RELATING TO

20                    ACTIVE SHOOTER OR TERRORIST ATTACKS

21                    ON INSTALLATIONS OF DEPARTMENT OF DE-

22                    FENSE.

23       (a) REQUIREMENT.—Not later than 90 days after the
24 date of the enactment of this Act, the Secretary of Defense
25 shall implement the applicable security and emergency re-
26 sponse recommendations relating to active shooter or ter-
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1 rorist attacks on installations of the Department of Defense
2 made in the following reports:
3              (1) The report by the Government Accountability
4        Office dated July 2015 entitled, ‘‘Insider Threats:
5        DOD Should Improve Information Sharing and
6        Oversight to Protect U.S. Installations’’ (GAO–15–
7        543).
8              (2) The report prepared by the Department of
9        the Navy relating to the Washington Navy Yard
10       shooting in 2013.
11             (3) The report by the Department of the Army
12       dated August 2010 entitled ‘‘Fort Hood, Army Inter-
13       nal Review Team: Final Report’’.
14             (4) The independent review by the Department
15       of Defense dated January 2010 entitled ‘‘Protecting
16       the Force: Lessons from Fort Hood’’.
17             (5) The report by the Department of the Air
18       Force dated October 2010 entitled ‘‘Air Force Follow-
19       On Review: Protecting the Force: Lessons from Fort
20       Hood’’.
21       (b) NOTIFICATION OF INAPPLICABLE RECOMMENDA-
22   TIONS.—

23             (1) IN GENERAL.—If the Secretary determines
24       that a recommendation described in subsection (a) is
25       outdated, is no longer applicable, or has been super-


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 1       seded by more recent separate guidance or rec-
 2       ommendations set forth by the Government Account-
 3       ability Office, the Department of Defense, or another
 4       entity in related contracted review, the Secretary
 5       shall notify the Committees on Armed Services of the
 6       Senate and the House of Representatives not later
 7       than 45 days after the date of the enactment of this
 8       Act.
 9              (2) IDENTIFICATION AND JUSTIFICATION.—The
10       notification under paragraph (1) shall include an
11       identification, set forth by report specified in sub-
12       section (a), of each recommendation that the Sec-
13       retary determines should not be implemented, with a
14       justification for each such determination.
15   SEC. 381. CLARIFICATION OF FOOD INGREDIENT REQUIRE-

16                    MENTS FOR FOOD OR BEVERAGES PROVIDED

17                    BY THE DEPARTMENT OF DEFENSE.

18       (a) IN GENERAL.—Before making any final rule,
19 statement, or determination regarding the limitation or
20 prohibition of any food or beverage ingredient in military
21 food service, military medical foods, commissary food, or
22 commissary food service, the Secretary of Defense shall pub-
23 lish in the Federal Register a notice of a preliminary rule,
24 statement, or determination (in this section referred to as




      † HR 6395 EAS
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 1 a ‘‘proposed action’’) and provide opportunity for public
 2 comment.
 3       (b) MATTERS TO BE INCLUDED.—The Secretary shall
 4 include in any notice published under subsection (a) the
 5 following:
 6              (1) The date of the notice.
 7              (2) Contact information for the appropriate of-
 8       fice at the Department of Defense.
 9              (3) A summary of the notice.
10              (4) A date for comments to be submitted and spe-
11       cific methods for submitting comments.
12              (5) A description of the substance of the proposed
13       action.
14              (6) Findings and a statement of reasons sup-
15       porting the proposed action.
16 TITLE IV—MILITARY PERSONNEL
17        AUTHORIZATIONS
18     Subtitle A—Active Forces
19   SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

20       The Armed Forces are authorized strengths for active
21 duty personnel as of September 30, 2021, as follows:
22              (1) The Army, 485,000.
23              (2) The Navy, 346,730.
24              (3) The Marine Corps, 180,000.
25              (4) The Air Force, 333,475.


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 1   SEC. 402. END STRENGTH LEVEL MATTERS.

 2       (a) STRENGTH LEVELS TO SUPPORT TWO MAJOR RE-
 3   GIONAL CONTINGENCIES.—

 4             (1) IN   GENERAL.—Section       691 of title 10,
 5       United States Code, is repealed.
 6             (2) TABLE OF SECTIONS.—The table of sections
 7       at the beginning of chapter 39 of such title is amend-
 8       ed by striking the item relating to section 691.
 9       (b) CERTAIN ACTIVE-DUTY AND SELECTED RESERVE
10 STRENGTHS.—Section 115 of such title is amended—
11             (1) in subsection (f)(1), by striking ‘‘increase’’
12       and inserting ‘‘vary’’; and
13             (2) in subsection (g)(1)(A), by striking ‘‘in-
14       crease’’ and inserting ‘‘vary’’.
15          Subtitle B—Reserve Forces
16   SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

17       (a) IN GENERAL.—The Armed Forces are authorized
18 strengths for Selected Reserve personnel of the reserve com-
19 ponents as of September 30, 2021, as follows:
20             (1) The Army National Guard of the United
21       States, 336,500.
22             (2) The Army Reserve, 189,800.
23             (3) The Navy Reserve, 58,800.
24             (4) The Marine Corps Reserve, 38,500.
25             (5) The Air National Guard of the United
26       States, 108,100.
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 1              (6) The Air Force Reserve, 70,300.
 2              (7) The Coast Guard Reserve, 7,000.
 3         (b) END STRENGTH REDUCTIONS.—The end strengths
 4 prescribed by subsection (a) for the Selected Reserve of any
 5 reserve component shall be proportionately reduced by—
 6              (1) the total authorized strength of units orga-
 7         nized to serve as units of the Selected Reserve of such
 8         component which are on active duty (other than for
 9         training) at the end of the fiscal year; and
10              (2) the total number of individual members not
11         in units organized to serve as units of the Selected
12         Reserve of such component who are on active duty
13         (other than for training or for unsatisfactory partici-
14         pation in training) without their consent at the end
15         of the fiscal year.
16         (c) END STRENGTH INCREASES.—Whenever units or
17 individual members of the Selected Reserve of any reserve
18 component are released from active duty during any fiscal
19 year, the end strength prescribed for such fiscal year for
20 the Selected Reserve of such reserve component shall be in-
21 creased proportionately by the total authorized strengths of
22 such units and by the total number of such individual mem-
23 bers.




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 1   SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

 2                    DUTY IN SUPPORT OF THE RESERVES.

 3       Within the end strengths prescribed in section 411(a),
 4 the reserve components of the Armed Forces are authorized,
 5 as of September 30, 2021, the following number of Reserves
 6 to be serving on full-time active duty or full-time duty, in
 7 the case of members of the National Guard, for the purpose
 8 of organizing, administering, recruiting, instructing, or
 9 training the reserve components:
10             (1) The Army National Guard of the United
11       States, 30,595.
12             (2) The Army Reserve, 16,511.
13             (3) The Navy Reserve, 10,215.
14             (4) The Marine Corps Reserve, 2,386.
15             (5) The Air National Guard of the United
16       States, 25,333.
17             (6) The Air Force Reserve, 5,256.
18   SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

19                    (DUAL STATUS).

20       (a) IN GENERAL.—The authorized number of military
21 technicians (dual status) as of the last day of fiscal year
22 2021 for the reserve components of the Army and the Air
23 Force (notwithstanding section 129 of title 10, United
24 States Code) shall be the following:
25             (1) For the Army National Guard of the United
26       States, 22,294.
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 1             (2) For the Army Reserve, 6,492.
 2             (3) For the Air National Guard of the United
 3       States, 10,994.
 4             (4) For the Air Force Reserve, 7,947.
 5       (b) LIMITATION.—Under no circumstances may a
 6 military technician (dual status) employed under the au-
 7 thority of this section be coerced by a State into accepting
 8 an offer of realignment or conversion to any other military
 9 status, including as a member of the Active, Guard, and
10 Reserve program of a reserve component. If a military tech-
11 nician (dual status) declines to participate in such realign-
12 ment or conversion, no further action will be taken against
13 the individual or the individual’s position.
14   SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-

15                    THORIZED TO BE ON ACTIVE DUTY FOR

16                    OPERATIONAL SUPPORT.

17       During fiscal year 2021, the maximum number of
18 members of the reserve components of the Armed Forces who
19 may be serving at any time on full-time operational sup-
20 port duty under section 115(b) of title 10, United States
21 Code, is the following:
22             (1) The Army National Guard of the United
23       States, 17,000.
24             (2) The Army Reserve, 13,000.
25             (3) The Navy Reserve, 6,200.


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 1             (4) The Marine Corps Reserve, 3,000.
 2             (5) The Air National Guard of the United
 3       States, 16,000.
 4             (6) The Air Force Reserve, 14,000.
 5   SEC. 415. SEPARATE AUTHORIZATION BY CONGRESS OF

 6                    MINIMUM END STRENGTHS FOR NON-TEM-

 7                    PORARY MILITARY TECHNICIANS (DUAL STA-

 8                    TUS) AND MAXIMUM END STRENGTHS FOR

 9                    TEMPORARY MILITARY TECHNICIANS (DUAL

10                    STATUS).

11       (a) IN GENERAL.—Section 115(d) of title 10, United
12 States Code, is amended—
13             (1) in the first sentence, by striking ‘‘the end
14       strength for military technicians (dual status)’’ and
15       inserting ‘‘both the minimum end strength for non-
16       temporary military technicians (dual status) and the
17       maximum end strength for temporary military tech-
18       nicians (dual status)’’; and
19             (2) in the third sentence, by striking ‘‘the end
20       strength requested for military technicians (dual sta-
21       tus)’’ and inserting ‘‘the minimum end strength for
22       non-temporary military technicians (dual status),
23       and the maximum end strength for temporary mili-
24       tary technicians (dual status), requested’’.




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 1       (b) EFFECTIVE DATE.—The amendments made by sub-
 2 section (a) shall take effect on the day after the date of the
 3 enactment of this Act. The amendment made by subsection
 4 (a)(2) shall apply with respect to budgets submitted by the
 5 President to Congress under section 1105 of title 31, United
 6 States Code, after such effective date.
 7        Subtitle C—Authorization of
 8               Appropriations
 9   SEC. 421. MILITARY PERSONNEL.

10       (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are
11 hereby authorized to be appropriated for fiscal year 2021
12 for the use of the Armed Forces and other activities and
13 agencies of the Department of Defense for expenses, not oth-
14 erwise provided for, for military personnel, as specified in
15 the funding table in section 4401.
16       (b) CONSTRUCTION OF AUTHORIZATION.—The author-
17 ization of appropriations in subsection (a) supersedes any
18 other authorization of appropriations (definite or indefi-
19 nite) for such purpose for fiscal year 2021.




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 1 TITLE V—MILITARY PERSONNEL
 2              POLICY
 3 Subtitle A—Officer Personnel Policy
 4   SEC. 501. REPEAL OF CODIFIED SPECIFICATION OF AU-

 5                    THORIZED STRENGTHS OF CERTAIN COMMIS-

 6                    SIONED OFFICERS ON ACTIVE DUTY.

 7         Effective as of October 1, 2021, the text of section 523
 8 of title 10, United States Code, is amended to read as fol-
 9 lows:
10         ‘‘The total number of commissioned officers serving on
11 active duty in the Army, Air Force, or Marine Corps in
12 each of the grades of major, lieutenant colonel, or colonel,
13 or in the Navy in each of the grades of lieutenant com-
14 mander, commander, or captain, at the end of any fiscal
15 year shall be as specifically authorized by Act of Congress
16 for such fiscal year.’’.
17   SEC. 502. TEMPORARY EXPANSION OF AVAILABILITY OF EN-

18                    HANCED CONSTRUCTIVE SERVICE CREDIT IN

19                    A PARTICULAR CAREER FIELD UPON ORIGI-

20                    NAL APPOINTMENT AS A COMMISSIONED OF-

21                    FICER.

22         (a) REGULAR OFFICERS.—Subparagraph (D) of sec-
23 tion 533(b)(1) of title 10, United States Code, is amended
24 to read as follows:
25              ‘‘(D) Additional credit as follows:


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 1                   ‘‘(i) For special training or experience in a
 2            particular officer field as designated by the Sec-
 3            retary concerned, if such training or experience
 4            is directly related to the operational needs of the
 5            armed force concerned.
 6                   ‘‘(ii) During fiscal years 2021 through
 7            2025, for advanced education in an officer field
 8            so designated, if such education is directly re-
 9            lated to the operational needs of the armed force
10            concerned.’’.
11      (b) RESERVE OFFICERS.—Section 12207(b)(1) of such
12 title is amended—
13            (1) in the matter preceding subparagraph (A),
14      ‘‘or a designation in’’ and all that follows through
15      ‘‘education or training,’’ and inserting ‘‘and who has
16      special training or experience, or advanced education
17      (if applicable),’’; and
18            (2) by striking subparagraph (D) and inserting
19      the following new subparagraph:
20            ‘‘(D) Additional credit as follows:
21                   ‘‘(i) For special training or experience in a
22            particular officer field as designated by the Sec-
23            retary concerned, if such training or experience
24            is directly related to the operational needs of the
25            armed force concerned.


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 1                   ‘‘(ii) During fiscal years 2021 through
 2            2025, for advanced education in an officer field
 3            so designated, if such education is directly re-
 4            lated to the operational needs of the armed force
 5            concerned.’’.
 6      (c) ANNUAL REPORT.—
 7            (1) IN GENERAL.—Not later than February 1,
 8      2022, and every four years thereafter, each Secretary
 9      of a military department shall submit to the Commit-
10      tees on Armed Services of the Senate and the House
11      of Representatives a report on the use of the authori-
12      ties in subparagraph (D) of section 553(b)(1) of title
13      10, United States Code (as amended by subsection
14      (a)), and subparagraph (D) of section 12207(b)(1) of
15      such title (as amended by subsection (b)) (each re-
16      ferred to in this subsection as a ‘‘constructive credit
17      authority’’) during the preceding fiscal year for the
18      Armed Forces under the jurisdiction of such Sec-
19      retary.
20            (2) ELEMENTS.—Each report under paragraph
21      (1) shall include, for the fiscal year and Armed Forces
22      covered by such report, the following:
23                   (A) The manner in which constructive serv-
24            ice credit was calculated under each constructive
25            credit authority.


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 1                     (B) The number of officers credited con-
 2             structive service credit under each constructive
 3             credit authority.
 4                     (C) A description and assessment of the
 5             utility of the constructive credit authorities in
 6             meeting the operational needs of the Armed
 7             Force concerned.
 8                     (D) Such other matters in connection with
 9             the constructive credit authorities as the Sec-
10             retary of the military department concerned con-
11             siders appropriate.
12   SEC. 503. REQUIREMENT FOR PROMOTION SELECTION

13                    BOARD     RECOMMENDATION       OF      HIGHER

14                    PLACEMENT ON PROMOTION LIST OF OFFI-

15                    CERS OF PARTICULAR MERIT.

16       (a) IN GENERAL.—Section 616(g) of title 10, United
17 States Code, is amended—
18             (1) in paragraph (1)—
19                     (A) by striking ‘‘may’’ and inserting
20             ‘‘shall’’; and
21                     (B) by inserting ‘‘, pursuant to guidelines
22             and procedures prescribed by the Secretary,’’
23             after ‘‘officers of particular merit’’; and




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 1             (2) in paragraph (3), by inserting ‘‘, pursuant
 2       to guidelines and procedures prescribed by the Sec-
 3       retary concerned,’’ after ‘‘shall recommend’’.
 4       (b) EFFECTIVE DATE.—The amendments made by sub-
 5 section (a) shall take effect on the date of the enactment
 6 of this Act, and shall apply with respect to officers rec-
 7 ommended for promotion by promotion selection boards
 8 convened on or after that date.
 9   SEC. 504. SPECIAL SELECTION REVIEW BOARDS FOR RE-

10                    VIEW OF PROMOTION OF OFFICERS SUBJECT

11                    TO   ADVERSE    INFORMATION    IDENTIFIED

12                    AFTER RECOMMENDATION FOR PROMOTION

13                    AND RELATED MATTERS.

14       (a) REGULAR OFFICERS.—
15             (1) IN GENERAL.—Subchapter III of chapter 36
16       of title 10, United States Code, is amended by insert-
17       ing after section 628 the following new section:
18 ‘‘§ 628a. Special selection review boards
19       ‘‘(a) IN GENERAL.—(1) If the Secretary of the military
20 department concerned determines that a person rec-
21 ommended by a promotion board for promotion to a grade
22 at or below the grade of major general, rear admiral in
23 the Navy, or an equivalent grade in the Space Force is the
24 subject of credible information of an adverse nature, includ-
25 ing any substantiated adverse finding or conclusion de-


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 1 scribed in section 615(a)(3)(A) of this title, that was not
 2 furnished to the promotion board during its consideration
 3 of the person for promotion as otherwise required by such
 4 section, the Secretary shall convene a special selection re-
 5 view board under this section to review the person and rec-
 6 ommend whether the recommendation for promotion of the
 7 person should be sustained.
 8       ‘‘(2) If a person and the recommendation for pro-
 9 motion of the person is subject to review under this section
10 by a special selection review board convened under this sec-
11 tion, the name of the person—
12             ‘‘(A) shall not be disseminated or publicly re-
13       leased on the list of officers recommended for pro-
14       motion by the promotion board recommending the
15       promotion of the person; and
16             ‘‘(B) shall not be forwarded to the Secretary of
17       Defense, the President, or the Senate, as applicable, or
18       included on a promotion list under section 624(a) of
19       this title.
20       ‘‘(b) CONVENING.—(1) Any special selection review
21 board convened under this section shall be convened in ac-
22 cordance with the provisions of section 628(f) of this title.
23       ‘‘(2) Any special selection review board convened under
24 this section may review such number of persons, and rec-
25 ommendations for promotion of such persons, as the Sec-


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 1 retary of the military department concerned shall specify
 2 in convening such special selection review board.
 3         ‘‘(c) INFORMATION CONSIDERED.—(1) In reviewing a
 4 person and recommending whether the recommendation for
 5 promotion of the person should be sustained under this sec-
 6 tion, a special selection review board convened under this
 7 section shall be furnished and consider the following:
 8              ‘‘(A) The record and information concerning the
 9         person furnished in accordance with section 615(a)(2)
10         of this title to the promotion board that recommended
11         the person for promotion.
12              ‘‘(B) Any credible information of an adverse na-
13         ture on the person, including any substantiated ad-
14         verse finding or conclusion from an officially docu-
15         mented investigation or inquiry described in section
16         615(a)(3)(A) of this title.
17         ‘‘(2) The furnishing of information to a special selec-
18 tion review board under paragraph (1)(B) shall be governed
19 by the standards and procedures referred to in paragraph
20 (3)(C) of section 615(a) of this title applicable to the fur-
21 nishing of information described in paragraph (3)(A) of
22 such section to selection boards in accordance with that sec-
23 tion.
24         ‘‘(3)(A) Before information on a person described in
25 paragraph (1)(B) is furnished to a special selection review


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 1 board for purposes of this section, the Secretary of the mili-
 2 tary department concerned shall ensure that—
 3             ‘‘(i) such information is made available to the
 4       person; and
 5             ‘‘(ii) subject to subparagraphs (C) and (D), the
 6       person is afforded a reasonable opportunity to submit
 7       comments on such information to the special selection
 8       review board before its review of the person and the
 9       recommendation for promotion of the person under
10       this section.
11       ‘‘(B) If information on a person described in para-
12 graph (1)(B) is not made available to the person as other-
13 wise required by subparagraph (A)(i) due to the classifica-
14 tion status of such information, the person shall, to the
15 maximum extent practicable, be furnished a summary of
16 such information appropriate to the person’s authorization
17 for access to classified information.
18       ‘‘(C)(i) An opportunity to submit comments on infor-
19 mation is not required for a person under subparagraph
20 (A)(ii) if—
21             ‘‘(I) such information was made available to the
22       person in connection with the furnishing of such in-
23       formation under section 615(a) of this title to the pro-
24       motion board that recommended the promotion of the
25       person subject to review under this section; and


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 1             ‘‘(II) the person submitted comments on such in-
 2       formation to that promotion board.
 3       ‘‘(ii) The comments on information of a person de-
 4 scribed in clause (i)(II) shall be furnished to the special
 5 selection review board.
 6       ‘‘(D) A person may waive either or both of the fol-
 7 lowing:
 8             ‘‘(i) The right to submit comments to a special
 9       selection review board under subparagraph (A)(ii).
10             ‘‘(ii) The furnishing of comments to a special se-
11       lection review board under subparagraph (C)(ii).
12       ‘‘(d) CONSIDERATION.—(1) In considering the record
13 and information on a person under this section, the special
14 selection review board shall compare such record and infor-
15 mation with an appropriate sampling of the records of those
16 officers of the same competitive category who were rec-
17 ommended for promotion by the promotion board that rec-
18 ommended the person for promotion, and an appropriate
19 sampling of the records of those officers who were considered
20 by and not recommended for promotion by that promotion
21 board.
22       ‘‘(2) Records and information shall be presented to a
23 special selection review board for purposes of paragraph (1)
24 in a manner that does not indicate or disclose the person




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 1 or persons for whom the special selection review board was
 2 convened.
 3       ‘‘(3) In considering whether the recommendation for
 4 promotion of a person should be sustained under this sec-
 5 tion, a special selection review board shall, to the greatest
 6 extent practicable, apply standards used by the promotion
 7 board that recommended the person for promotion.
 8       ‘‘(4) The recommendation for promotion of a person
 9 may be sustained under this section only if the special selec-
10 tion review board determines that the person—
11             ‘‘(A) ranks on an order of merit created by the
12       special selection review board as better qualified for
13       promotion than the sample officer highest on the order
14       of merit list who was considered by and not rec-
15       ommended for promotion by the promotion board con-
16       cerned; and
17             ‘‘(B) is comparable in qualification for pro-
18       motion to those sample officers who were rec-
19       ommended for promotion by that promotion board.
20       ‘‘(5) A recommendation for promotion of a person may
21 be sustained under this section only by a vote of a majority
22 of the members of the special selection review board.
23       ‘‘(6) If a special selection review board does not sustain
24 a recommendation for promotion of a person under this sec-




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 1 tion, the person shall be considered to have failed of selection
 2 for promotion.
 3       ‘‘(e) REPORTS.—(1) Each special selection review
 4 board convened under this section shall submit to the Sec-
 5 retary of the military department concerned a written re-
 6 port, signed by each member of the board, containing the
 7 name of each person whose recommendation for promotion
 8 it recommends for sustainment and certifying that the
 9 board has carefully considered the record and information
10 of each person whose name was referred to it.
11       ‘‘(2) The provisions of sections 617(b) and 618 of this
12 title apply to the report and proceedings of a special selec-
13 tion review board convened under this section in the same
14 manner as they apply to the report and proceedings of a
15 promotion board convened under section 611(a) of this title.
16       ‘‘(f) APPOINTMENT OF PERSONS.—(1) If the report of
17 a special selection review board convened under this section
18 recommends the sustainment of the recommendation for
19 promotion to the next higher grade of a person whose name
20 was referred to it for review under this section, and the
21 President approves the report, the person shall, as soon as
22 practicable, be appointed to that grade in accordance with
23 subsections (b) and (c) of section 624 of this title.
24       ‘‘(2) A person who is appointed to the next higher
25 grade as described in paragraph (1) shall, upon that ap-


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 1 pointment, have the same date of rank, the same effective
 2 date for the pay and allowances of that grade, and the same
 3 position on the active-duty list as the person would have
 4 had pursuant to the original recommendation for pro-
 5 motion of the promotion board concerned.
 6          ‘‘(g) REGULATIONS.—(1) The Secretary of Defense
 7 shall prescribe regulations to carry out this section. Such
 8 regulations shall apply uniformly across the military de-
 9 partments.
10          ‘‘(2) Any regulation prescribed by the Secretary of a
11 military department to supplement the regulations pre-
12 scribed pursuant to paragraph (1) may not take effect with-
13 out the approval of the Secretary of Defense, in writing.
14          ‘‘(h) PROMOTION BOARD DEFINED.—In this section,
15 the term ‘promotion board ’means a selection board con-
16 vened by the Secretary of a military department under sec-
17 tion 611(a) of this title.’’.
18                 (2) CLERICAL AMENDMENT.—The table of sec-
19          tions at the beginning of subchapter III of chapter 36
20          of such title is amended by inserting after the item
21          relating to section 628 the following new item:
     ‘‘628a. Special selection review boards.’’.

22                 (3) DELAY IN PROMOTION.—Section 624(d) of
23          such title is amended—
24                         (A) in paragraph (1)—


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 1                           (i) in subparagraph (D), by striking
 2                    ‘‘or’’ at the end;
 3                           (ii) in subparagraph (E), by striking
 4                    the period at the end and inserting ‘‘; or’’;
 5                    and
 6                           (iii) by inserting after subparagraph
 7                    (E) the following new subparagraph (F):
 8             ‘‘(F) the Secretary of the military department
 9       concerned determines that credible information of an
10       adverse nature, including a substantiated adverse
11       finding        or    conclusion   described   in   section
12       615(a)(3)(A) of this title, with respect to the officer
13       will result in the convening of a special selection re-
14       view board under section 628a of this title to review
15       the officer and recommend whether the recommenda-
16       tion for promotion of the officer should be sustained.’’;
17                    (B) by redesignating paragraphs (3) and
18             (4) as paragraphs (4) and (5), respectively;
19                    (C) by inserting after paragraph (2) the fol-
20             lowing new paragraph (3):
21       ‘‘(3) In the case of an officer whose promotion is de-
22 layed pursuant to paragraph (1)(F) and whose rec-
23 ommendation for promotion is sustained, authorities for the
24 promotion of the officer are specified in section 628a(f) of
25 this title.’’; and


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 1                    (D) in paragraph (4), as redesignated by
 2             subparagraph (B)—
 3                        (i) by striking ‘‘The appointment’’ and
 4                    inserting ‘‘(A) Except as provided in sub-
 5                    paragraph (B), the appointment’’; and
 6                        (ii) by adding at the end the following
 7                    new subparagraph:
 8        ‘‘(B) In the case of an officer whose promotion is de-
 9 layed pursuant to paragraph (1)(F), requirements applica-
10 ble to notice and opportunity for response to such delay are
11 specified in section 628a(c)(3) of this title.’’.
12        (b) RESERVE OFFICERS.—
13             (1) IN    GENERAL.—Chapter       1407 of title 10,
14        United States Code, is amended by inserting after sec-
15        tion 14502 the following new section:
16 ‘‘§ 14502a. Special selection review boards
17        ‘‘(a) IN GENERAL.—(1) If the Secretary of the military
18 department concerned determines that a person rec-
19 ommended by a promotion board for promotion to a grade
20 at or below the grade of major general or rear admiral in
21 the Navy is the subject of credible information of an adverse
22 nature, including any substantiated adverse finding or con-
23 clusion described in section 14107(a)(3)(A) of this title, that
24 was not furnished to the promotion board during its consid-
25 eration of the person for promotion as otherwise required


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 1 by such section, the Secretary shall convene a special selec-
 2 tion review board under this section to review the person
 3 and recommend whether the recommendation for promotion
 4 of the person should be sustained.
 5          ‘‘(2) If a person and the recommendation for pro-
 6 motion of the person is subject to review under this section
 7 by a special selection review board convened under this sec-
 8 tion, the name of the person—
 9               ‘‘(A) shall not be disseminated or publicly re-
10          leased on the list of officers recommended for pro-
11          motion by the promotion board recommending the
12          promotion of the person; and
13               ‘‘(B) shall not be forwarded to the Secretary of
14          Defense, the President, or the Senate, as applicable, or
15          included on a promotion list under section 14308(a)
16          of this title.
17          ‘‘(b) CONVENING.—(1) Any special selection review
18 board convened under this section shall be convened in ac-
19 cordance with the provisions of section 14502(b)(2) of this
20 title.
21          ‘‘(2) Any special selection review board convened under
22 this section may review such number of persons, and rec-
23 ommendations for promotion of such persons, as the Sec-
24 retary of the military department concerned shall specify
25 in convening such special selection review board.


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 1       ‘‘(c) INFORMATION CONSIDERED.—(1) In reviewing a
 2 person and recommending whether the recommendation for
 3 promotion of the person should be sustained under this sec-
 4 tion, a special selection review board convened under this
 5 section shall be furnished and consider the following:
 6             ‘‘(A) The record and information concerning the
 7       person       furnished   in    accordance   with   section
 8       14107(a)(2) of this title to the promotion board that
 9       recommended the person for promotion.
10             ‘‘(B) Any credible information of an adverse na-
11       ture on the person, including any substantiated ad-
12       verse finding or conclusion from an officially docu-
13       mented investigation or inquiry described in section
14       14107(a)(3)(A) of this title.
15       ‘‘(2) The furnishing of information to a special selec-
16 tion review board under paragraph (1)(B) shall be governed
17 by the standards and procedures referred to in paragraph
18 (3)(B) of section 14107(a) of this title applicable to the fur-
19 nishing of information described in paragraph (3)(A) of
20 such section to promotion boards in accordance with that
21 section.
22       ‘‘(3)(A) Before information on person described in
23 paragraph (1)(B) is furnished to a special selection review
24 board for purposes of this section, the Secretary of the mili-
25 tary department concerned shall ensure that—


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 1             ‘‘(i) such information is made available to the
 2       person; and
 3             ‘‘(ii) subject to subparagraphs (C) and (D), the
 4       person is afforded a reasonable opportunity to submit
 5       comments on such information to the special selection
 6       review board before its review of the person and the
 7       recommendation for promotion of the person under
 8       this section.
 9       ‘‘(B) If information on an officer described in para-
10 graph (1)(B) is not made available to the person as other-
11 wise required by subparagraph (A)(i) due to the classifica-
12 tion status of such information, the person shall, to the
13 maximum extent practicable, be furnished a summary of
14 such information appropriate to the person’s authorization
15 for access to classified information.
16       ‘‘(C)(i) An opportunity to submit comments on infor-
17 mation is not required for a person under subparagraph
18 (A)(ii) if—
19             ‘‘(I) such information was made available to the
20       person in connection with the furnishing of such in-
21       formation under section 14107(a) of this title to the
22       promotion board that recommended the promotion of
23       the person subject to review under this section; and
24             ‘‘(II) the person submitted comments on such in-
25       formation to that promotion board.


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 1       ‘‘(ii) The comments on information of a person de-
 2 scribed in clause (i)(II) shall be furnished to the special
 3 selection review board.
 4       ‘‘(D) A person may waive either or both of the fol-
 5 lowing:
 6             ‘‘(i) The right to submit comments to a special
 7       selection review board under subparagraph (A)(ii).
 8             ‘‘(ii) The furnishing of comments to a special se-
 9       lection review board under subparagraph (C)(ii).
10       ‘‘(d) CONSIDERATION.—(1) In considering the record
11 and information on a person under this section, the special
12 selection review board shall compare such record and infor-
13 mation with an appropriate sampling of the records of those
14 officers of the same competitive category who were rec-
15 ommended for promotion by the promotion board that rec-
16 ommended the person for promotion, and an appropriate
17 sampling of the records of those officers who were considered
18 by and not recommended for promotion by that promotion
19 board.
20       ‘‘(2) Records and information shall be presented to a
21 special selection review board for purposes of paragraph (1)
22 in a manner that does not indicate or disclose the person
23 or persons for whom the special selection review board was
24 convened.




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 1       ‘‘(3) In considering whether the recommendation for
 2 promotion of a person should be sustained under this sec-
 3 tion, a special selection review board shall, to the greatest
 4 extent practicable, apply standards used by the promotion
 5 board that recommended the person for promotion.
 6       ‘‘(4) The recommendation for promotion of a person
 7 may be sustained under this section only if the special selec-
 8 tion review board determines that the person—
 9             ‘‘(A) ranks on an order of merit created by the
10       special selection review board as better qualified for
11       promotion than the sample officer highest on the order
12       of merit list who was considered by and not rec-
13       ommended for promotion by the promotion board con-
14       cerned; and
15             ‘‘(B) is comparable in qualification for pro-
16       motion to those sample officers who were rec-
17       ommended for promotion by that promotion board.
18       ‘‘(5) A recommendation for promotion of a person may
19 be sustained under this section only by a vote of a majority
20 of the members of the special selection review board.
21       ‘‘(6) If a special selection review board does not sustain
22 a recommendation for promotion of a person under this sec-
23 tion, the person shall be considered to have failed of selection
24 for promotion.




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 1       ‘‘(e) REPORTS.—(1) Each special selection review
 2 board convened under this section shall submit to the Sec-
 3 retary of the military department concerned a written re-
 4 port, signed by each member of the board, containing the
 5 name of each person whose recommendation for promotion
 6 it recommends for sustainment and certifying that the
 7 board has carefully considered the record and information
 8 of each person whose name was referred to it.
 9       ‘‘(2) The provisions of sections 14109(c), 14110, and
10 14111 of this title apply to the report and proceedings of
11 a special selection review board convened under this section
12 in the same manner as they apply to the report and pro-
13 ceedings of a promotion board convened under section
14 14101(a) of this title.
15       ‘‘(f) APPOINTMENT OF PERSONS.—(1) If the report of
16 a special selection review board convened under this section
17 recommends the sustainment of the recommendation for
18 promotion to the next higher grade of a person whose name
19 was referred to it for review under this section, and the
20 President approves the report, the person shall, as soon as
21 practicable, be appointed to that grade in accordance with
22 section 14308 of this title.
23       ‘‘(2) A person who is appointed to the next higher
24 grade as described in paragraph (1) shall, upon that ap-
25 pointment, have the same date of rank, the same effective


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 1 date for the pay and allowances of that grade, and the same
 2 position on the reserve active-status list as the person would
 3 have had pursuant to the original recommendation for pro-
 4 motion of the promotion board concerned.
 5          ‘‘(g) REGULATIONS.—(1) The Secretary of Defense
 6 shall prescribe regulations to carry out this section. Such
 7 regulations shall apply uniformly across the military de-
 8 partments.
 9          ‘‘(2) Any regulation prescribed by the Secretary of a
10 military department to supplement the regulations pre-
11 scribed pursuant to paragraph (1) may not take effect with-
12 out the approval of the Secretary of Defense, in writing.
13          ‘‘(h) PROMOTION BOARD DEFINED.—In this section,
14 the term ‘promotion board ’means a selection board con-
15 vened by the Secretary of a military department under sec-
16 tion 14101(a) of this title.’’.
17                 (2) CLERICAL AMENDMENT.—The table of sec-
18          tions at the beginning of chapter 1407 of such title is
19          amended by inserting after the item relating to sec-
20          tion 14502 the following new item:
     ‘‘14502a. Special selection review boards.’’.

21                 (3) DELAY IN PROMOTION.—Section 14311 of
22          such title is amended—
23                        (A) in subsection (a)—
24                                (i) in paragraph (1), by adding at the
25                        end the following new subparagraph:
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 1              ‘‘(F) The Secretary of the military department
 2        concerned determines that credible information of ad-
 3        verse nature, including a substantiated adverse find-
 4        ing or conclusion described in section 14107(a)(3)(A)
 5        of this title, with respect to the officer will result in
 6        the convening of a special selection review board
 7        under section 14502a of this title to review the officer
 8        and recommend whether the recommendation for pro-
 9        motion of the officer should be sustained.’’; and
10                         (ii) by adding at the end the following
11                     new paragraph:
12        ‘‘(2) In the case of an officer whose promotion is de-
13 layed pursuant to paragraph (1)(F) and whose rec-
14 ommendation for promotion is sustained, authorities for the
15 promotion of the officer are specified in section 14502a(f)
16 of this title.’’; and
17                     (B) in subsection (c), by adding at the end
18              the following new paragraph:
19        ‘‘(3) Notwithstanding paragraphs (1) and (2), in the
20 case of an officer whose promotion is delayed pursuant to
21 subsection (a)(1)(F), requirements applicable to notice and
22 opportunity for response to such delay are specified in sec-
23 tion 14502a(c)(3) of this title.’’.




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 1       (c) REQUIREMENTS FOR FURNISHING ADVERSE IN-
 2   FORMATION ON REGULAR OFFICERS TO PROMOTION SELEC-

 3   TION BOARDS.—

 4             (1) EXTENSION OF REQUIREMENTS TO SPACE
 5       FORCE REGULAR OFFICERS.—Subparagraph (B)(i) of

 6       section 615(a)(3) of title 10, United States Code, is
 7       amended by striking ‘‘or, in the case of the Navy,
 8       lieutenant’’ and inserting ‘‘, in the case of the Navy,
 9       lieutenant, or in the case of the Space Force, the
10       equivalent grade’’.
11             (2) SATISFACTION OF REQUIREMENTS THROUGH
12       SPECIAL SELECTION REVIEW BOARDS.—Such section

13       is further amended by adding at the end the following
14       new subparagraph:
15       ‘‘(D) With respect to the consideration of an officer for
16 promotion to a grade at or below major general, in the case
17 of the Navy, rear admiral, or, in the case of the Space Force,
18 the equivalent grade, the requirements in subparagraphs
19 (A) and (C) may be met through the convening and actions
20 of a special selection review board with respect to the officer
21 under section 628a of this title.’’.
22             (3) DELAYED APPLICABILITY OF REQUIREMENTS
23       TO BOARDS FOR PROMOTION OF OFFICERS TO NON-

24       GENERAL AND FLAG OFFICER GRADES.—Subsection

25       (c) of section 502 of the National Defense Authoriza-


      † HR 6395 EAS
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 1          tion Act for Fiscal Year 2020 (Public Law 116–92)
 2          is amended to read as follows:
 3          ‘‘(c) EFFECTIVE DATE AND APPLICABILITY.—
 4               ‘‘(1) EFFECTIVE DATE.—The amendments made
 5          by this section shall take effect on December 20, 2019,
 6          and shall, except as provided in paragraph (2), apply
 7          with respect to the proceedings of promotion selection
 8          boards convened under section 611(a) of title 10,
 9          United States Code, after that date.
10               ‘‘(2) DELAYED APPLICABILITY FOR BOARDS FOR
11          PROMOTION TO NON-GENERAL AND FLAG OFFICER

12          GRADES.—The      amendments made this section shall
13          apply with respect to the proceedings of promotion se-
14          lection boards convened under section 611(a) of title
15          10, United States Code, for consideration of officers
16          for promotion to a grade below the grade of brigadier
17          general or, in the case of the Navy, rear admiral
18          (lower half), only if such boards are so convened after
19          January 1, 2021.’’.
20          (d) REQUIREMENTS FOR FURNISHING ADVERSE IN-
21   FORMATION ON RESERVE OFFICERS TO PROMOTION SELEC-

22   TION    BOARDS.—Section 14107(a)(3) of title 10, United
23 States Code, is amended—
24               (1) by inserting ‘‘(A)’’ after ‘‘(3)’’;




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 1             (2) in subparagraph (A), as designated by para-
 2        graph (1), by striking ‘‘colonel, or, in the case of the
 3        Navy, captain’’ and inserting ‘‘lieutenant colonel, or,
 4        in the case of the Navy, commander’’; and
 5             (3) by adding at the end the following new sub-
 6        paragraphs
 7        ‘‘(B) The standards and procedures referred to in sub-
 8 paragraph (A) shall require the furnishing to the selection
 9 board, and to each individual member of the board, the in-
10 formation described in that subparagraph with regard to
11 an officer in a grade specified in that subparagraph at each
12 stage or phase of the selection board, concurrent with the
13 screening, rating, assessment, evaluation, discussion, or
14 other consideration by the board or member of the official
15 military personnel file of the officer, or of the officer.
16        ‘‘(C) With respect to the consideration of an officer for
17 promotion to a grade at or below major general or, in the
18 Navy, rear admiral, the requirements in subparagraphs (A)
19 and (B) may be met through the convening and actions of
20 a special selection board with respect to the officer under
21 section 14502a of this title.’’.




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 1   SEC. 505. NUMBER OF OPPORTUNITIES FOR CONSIDER-

 2                     ATION   FOR    PROMOTION      UNDER      ALTER-

 3                     NATIVE PROMOTION AUTHORITY.

 4        Section 649c of title 10, United States Code, is amend-
 5 ed—
 6              (1) by redesignating subsection (d) as subsection
 7        (e); and
 8              (2) by inserting after subsection (c) the following
 9        new subsection (d):
10        ‘‘(d) INAPPLICABILITY OF REQUIREMENT RELATING
11   TO   OPPORTUNITIES         FOR    CONSIDERATION      FOR    PRO-
12   MOTION.—Section       645(1)(A)(i)(I) of this title shall not
13 apply to the promotion of officers described in subsection
14 (a) to the extent that such section is inconsistent with a
15 number of opportunities for promotion specified pursuant
16 to section 649d of this title.’’.
17   SEC. 506. MANDATORY RETIREMENT FOR AGE.

18        (a) GENERAL RULE.—Subsection (a) of section 1251
19 of title 10, United States Code, is amended—
20              (1) by inserting ‘‘Space Force,’’ after ‘‘or Marine
21        Corps,’’; and
22              (2) by inserting ‘‘or separated, as specified in
23        subsection (e),’’ after ‘‘shall be retired’’.
24        (b) DEFERRED RETIREMENT              OR   SEPARATION     OF

25 HEALTH PROFESSIONS OFFICERS.—Subsection (b) of such
26 section is amended—
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 1             (1) in the subsection heading, by inserting ‘‘OR
 2       SEPARATION’’ after ‘‘RETIREMENT’’; and
 3             (2) in paragraph (1), by inserting ‘‘or separa-
 4       tion’’ after ‘‘retirement’’.
 5       (c) DEFERRED RETIREMENT           OR   SEPARATION      OF

 6 OTHER OFFICERS.—Subsection (c) of such section is
 7 amended—
 8             (1) in the subsection heading, by striking ‘‘OF
 9       CHAPLAINS’’ and inserting ‘‘OR SEPARATION              OF

10       OTHER OFFICERS’’;
11             (2) by inserting ‘‘or separation’’ after ‘‘retire-
12       ment’’; and
13             (3) by striking ‘‘an officer who is appointed or
14       designated as a chaplain’’ and inserting ‘‘any officer
15       other than a health professions officer described in
16       subsection (b)(2)’’.
17       (d) RETIREMENT OR SEPARATION BASED ON YEARS
18   OF CREDITABLE SERVICE.—Such section is further amend-

19 ed by adding at the end the following new subsection:
20       ‘‘(e) RETIREMENT OR SEPARATION BASED ON YEARS
21   OF CREDITABLE SERVICE.—The following rules shall apply

22 to a regular commissioned officer who is to be retired or
23 separated under subsection (a):
24             ‘‘(1) If the officer has at least 6 but fewer than
25       20 years of creditable service, the officer shall be sepa-


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 1       rated, with separation pay computed under section
 2       1174(d)(1) of this title.
 3             ‘‘(2) If the officer has fewer than 6 years of cred-
 4       itable service, the officer shall be separated under sub-
 5       section (a).’’.
 6   SEC. 507. CLARIFYING AND IMPROVING RESTATEMENT OF

 7                    RULES ON THE RETIRED GRADE OF COMMIS-

 8                    SIONED OFFICERS.

 9       (a) RESTATEMENT.—
10             (1) IN GENERAL.—Chapter 69 of title 10, United
11       States Code, is amended by striking section 1370 and
12       inserting the following new sections:
13 ‘‘§ 1370. Regular commissioned officers
14       ‘‘(a) RETIREMENT IN HIGHEST GRADE IN WHICH
15 SERVED SATISFACTORILY.—
16             ‘‘(1) IN GENERAL.—Unless entitled to a different
17       retired grade under some other provision of law, a
18       commissioned officer (other than a commissioned war-
19       rant officer) of the Army, Navy, Air Force, Marine
20       Corps, or Space Force who retires under any provi-
21       sion of law other than chapter 61 or 1223 of this title
22       shall be retired in the highest permanent grade in
23       which such officer is determined to have served on ac-
24       tive duty satisfactorily.




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 1            ‘‘(2) DETERMINATION OF SATISFACTORY SERV-
2       ICE.—The determination of satisfactory service of an

3       officer in a grade under paragraph (1) shall be made
4       as follows:
5                    ‘‘(A) By the Secretary of the military de-
6             partment concerned, if the officer is serving in a
7             grade at or below the grade of major general,
8             rear admiral in the Navy, or the equivalent
9             grade in the Space Force.
10                   ‘‘(B) By the Secretary of Defense, if the offi-
11            cer is serving or has served in a grade above the
12            grade of major general, rear admiral in the
13            Navy, or the equivalent grade in the Space
14            Force.
15            ‘‘(3) EFFECT OF MISCONDUCT IN LOWER GRADE
16      IN DETERMINATION.—If the Secretary of a military

17      department or the Secretary of Defense, as applicable,
18      determines that an officer committed misconduct in a
19      lower grade than the retirement grade otherwise pro-
20      vided for the officer by this section—
21                   ‘‘(A) such Secretary may deem the officer to
22            have not served satisfactorily in any grade equal
23            to or higher than such lower grade for purposes
24            of determining the retirement grade of the officer
25            under this section; and


     † HR 6395 EAS
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 1                     ‘‘(B) the grade next lower to such lower
 2             grade shall be the retired grade of the officer
 3             under this section.
 4             ‘‘(4) NATURE OF RETIREMENT OF CERTAIN RE-
5        SERVE        OFFICERS   AND   OFFICERS   IN   TEMPORARY

 6       GRADES.—A reserve officer, or an officer appointed to

 7       a position under section 601 of this title, who is noti-
 8       fied that the officer will be released from active duty
 9       without the officer’s consent and thereafter requests
10       retirement under section 7311, 8323, or 9311 of this
11       title and is retired pursuant to that request is consid-
12       ered for purposes of this section to have been retired
13       involuntarily.
14             ‘‘(5) NATURE OF RETIREMENT OF CERTAIN RE-
15       MOVED OFFICERS.—An officer retired pursuant to sec-

16       tion 1186(b)(1) of this title is considered for purposes
17       of this section to have been retired voluntarily.
18       ‘‘(b) RETIREMENT OF OFFICERS RETIRING VOLUN-
19   TARILY.—

20             ‘‘(1)     SERVICE-IN-GRADE    REQUIREMENT.—In

21       order to be eligible for voluntary retirement under
22       any provision of this title in a grade above the grade
23       of captain in the Army, Air Force, or Marine Corps,
24       lieutenant in the Navy, or the equivalent grade in the
25       Space Force, a commissioned officer of the Army,


      † HR 6395 EAS
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 1      Navy, Air Force, Marine Corps, or Space Force must
 2      have served on active duty in that grade for a period
 3      of not less than three years, except that—
 4                   ‘‘(A) subject to subsection (c), the Secretary
 5            of Defense may reduce such period to a period of
 6            not less than two years for any officer; and
 7                   ‘‘(B) in the case of an officer to be retired
 8            in a grade at or below the grade of major general
 9            in the Army, Air Force, or Marine Corps, rear
10            admiral in the Navy, or an equivalent grade in
11            the Space Force, the Secretary of Defense may
12            authorize the Secretary of the military depart-
13            ment concerned to reduce such period to a period
14            of not less than two years.
15            ‘‘(2) LIMITATION ON DELEGATION.—The author-
16      ity of the Secretary of Defense in subparagraph (A)
17      of paragraph (1) may not be delegated. The authority
18      of the Secretary of a military department in subpara-
19      graph (B) of paragraph (1), as delegated to such Sec-
20      retary pursuant to such subparagraph, may not be
21      further delegated.
22            ‘‘(3) WAIVER OF REQUIREMENT.—Subject to sub-
23      section (c), the President may waive the application
24      of the service-in-grade requirement in paragraph (1)
25      to officers covered by that paragraph in individual


     † HR 6395 EAS
                                235
 1      cases involving extreme hardship or exceptional or
 2      unusual circumstances. The authority of the President
 3      under this paragraph may not be delegated.
 4            ‘‘(4) LIMITATION ON REDUCTION OR WAIVER OF
 5      REQUIREMENT FOR OFFICERS UNDER INVESTIGATION

 6      OR PENDING MISCONDUCT.—In the case of an officer

 7      to be retired in a grade above the grade of colonel in
 8      the Army, Air Force, or Marine Corps, captain in the
 9      Navy, or the equivalent grade in the Space Force, the
10      service-in-grade requirement in paragraph (1) may
11      not be reduced pursuant to that paragraph, or waived
12      pursuant to paragraph (3), while the officer is under
13      investigation for alleged misconduct or while there is
14      pending the disposition of an adverse personnel action
15      against the officer.
16            ‘‘(5) GRADE AND FISCAL YEAR LIMITATIONS ON
17      REDUCTION OR WAIVER OF REQUIREMENTS.—The ag-

18      gregate number of members of an armed force in a
19      grade for whom reductions are made under para-
20      graph (1), and waivers are made under paragraph
21      (3), in a fiscal year may not exceed—
22                   ‘‘(A) in the case of officers to be retired in
23            a grade at or below the grade of major in the
24            Army, Air Force, or Marine Corps, lieutenant
25            commander in the Navy, or the equivalent grade


     † HR 6395 EAS
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1             in the Space Force, the number equal to two per-
2             cent of the authorized active-duty strength for
3             that fiscal year for officers of that armed force in
4             that grade;
5                    ‘‘(B) in the case of officers to be retired in
6             the grade of lieutenant colonel or colonel in the
7             Army, Air Force, or Marine Corps, commander
8             or captain in the Navy, or an equivalent grade
9             in the Space Force, the number equal to four
10            percent of the authorized active-duty strength for
11            that fiscal year for officers of that armed force in
12            the applicable grade; or
13                   ‘‘(C) in the case of officers to be retired in
14            the grade of brigadier general or major general
15            in the Army, Air Force, or Marine Corps, rear
16            admiral (lower half) or rear admiral in the
17            Navy, or an equivalent grade in the Space Force,
18            the number equal to 10 percent of the authorized
19            active-duty strength for that fiscal year for offi-
20            cers of that armed force in the applicable grade.
21            ‘‘(6) NOTICE TO CONGRESS ON REDUCTION OR
22      WAIVER OF REQUIREMENTS FOR GENERAL, FLAG, AND

23      EQUIVALENT OFFICER GRADES.—In the case of an of-

24      ficer to be retired in a grade that is a general or flag
25      officer grade, or an equivalent grade in the Space


     † HR 6395 EAS
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 1      Force, who is eligible to retire in that grade only by
 2      reason of an exercise of the authority in paragraph
 3      (1) to reduce the service-in-grade requirement in that
 4      paragraph, or the authority in paragraph (3) to
 5      waive that requirement, the Secretary of Defense or
 6      the President, as applicable, shall, not later than 60
 7      days prior to the date on which the officer will be re-
 8      tired in that grade, notify the Committees on Armed
 9      Services of the Senate and the House of Representa-
10      tives of the exercise of the applicable authority with
11      respect to that officer.
12            ‘‘(7) RETIREMENT IN NEXT LOWEST GRADE FOR
13      OFFICERS NOT MEETING REQUIREMENT.—An            officer
14      described in paragraph (1) whose length of service in
15      the highest grade held by the officer while on active
16      duty does not meet the period of the service-in-grade
17      requirement applicable to the officer under this sub-
18      section shall, subject to subsection (c), be retired in
19      the next lower grade in which the officer served on ac-
20      tive duty satisfactorily, as determined by the Sec-
21      retary of the military department concerned or the
22      Secretary of Defense, as applicable.
23      ‘‘(c) OFFICERS IN O–9 AND O–10 GRADES.—
24            ‘‘(1) IN   GENERAL.—An    officer of the Army,
25      Navy, Air Force, Marine Corps, or Space Force who


     † HR 6395 EAS
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 1      is serving or has served in a position of importance
 2      and responsibility designated by the President to
 3      carry the grade of lieutenant general or general in the
 4      Army, Air Force, or Marine Corps, vice admiral or
 5      admiral in the Navy, or an equivalent grade in the
 6      Space Force under section 601 of this title may be re-
 7      tired in such grade under subsection (a) only after the
 8      Secretary of Defense certifies in writing to the Presi-
 9      dent and the Committees on Armed Services of the
10      Senate and the House of Representatives that the offi-
11      cer served on active duty satisfactorily in such grade.
12            ‘‘(2) PROHIBITION ON DELEGATION.—The au-
13      thority of the Secretary of Defense to make a certifi-
14      cation with respect to an officer under paragraph (1)
15      may not be delegated.
16            ‘‘(3) REQUIREMENTS IN CONNECTION WITH CER-
17      TIFICATION.—A certification with respect to an officer

18      under paragraph (1) shall—
19                   ‘‘(A) be submitted by the Secretary of De-
20            fense such that it is received by the President
21            and the Committees on Armed Services of the
22            Senate and the House of Representatives not
23            later than 60 days prior to the date on which the
24            officer will be retired in the grade concerned;




     † HR 6395 EAS
                                239
 1                    ‘‘(B) include an up-to-date copy of the mili-
 2             tary biography of the officer; and
 3                    ‘‘(C) include the statement of the Secretary
 4             as to whether or not potentially adverse, adverse,
 5             or reportable information regarding the officer
 6             was considered by the Secretary in making the
 7             certification.
 8             ‘‘(4) CONSTRUCTION WITH OTHER NOTICE.—In
 9       the case of an officer under paragraph (1) to whom
10       a reduction in the service-in-grade requirement under
11       subsection (b)(1) or waiver under subsection (b)(3)
12       applies, the requirement for notification under sub-
13       section (b)(6) is satisfied if the notification is in-
14       cluded in the certification submitted by the Secretary
15       of Defense under paragraph (1).
16       ‘‘(d) CONDITIONAL RETIREMENT GRADE AND RETIRE-
17   MENT FOR     OFFICERS PENDING INVESTIGATION OR AD-
18   VERSE ACTION.—

19             ‘‘(1) IN GENERAL.—When an officer serving in a
20       grade at or below the grade of major general in the
21       Army, Air Force, or Marine Corps, rear admiral in
22       the Navy, or an equivalent grade in the Space Force
23       is under investigation for alleged misconduct or pend-
24       ing the disposition of an adverse personnel action at




      † HR 6395 EAS
                               240
 1      the time of retirement, the Secretary of the military
 2      department concerned may—
 3                   ‘‘(A) conditionally determine the highest
 4            permanent grade of satisfactory service on active
 5            duty of the officer pending completion of the in-
 6            vestigation or resolution of the personnel action,
 7            as applicable; and
 8                   ‘‘(B) retire the officer in that conditional
 9            grade, subject to subsection (e).
10            ‘‘(2) OFFICERS IN O–9 AND O–10 GRADES.—When
11      an officer described by subsection (c)(1) is under in-
12      vestigation for alleged misconduct or pending the dis-
13      position of an adverse personnel action at the time of
14      retirement, the Secretary of Defense may—
15                   ‘‘(A) conditionally determine the highest
16            permanent grade of satisfactory service on active
17            duty of the officer, pending completion of the in-
18            vestigation or personnel action, as applicable;
19            and
20                   ‘‘(B) retire the officer in that conditional
21            grade, subject to subsection (e).
22            ‘‘(3) REDUCTION      OR WAIVER OF SERVICE-IN-

23      GRADE REQUIREMENT PROHIBITED FOR GENERAL,

24      FLAG, AND EQUIVALENT OFFICER GRADES.—In condi-

25      tionally determining the retirement grade of an offi-


     † HR 6395 EAS
                               241
 1       cer under paragraph (1)(A) or (2)(A) of this sub-
 2       section to be a grade above the grade of colonel in the
 3       Army, Air Force, or Marine Corps, captain in the
 4       Navy, or the equivalent grade in the Space Force, the
 5       service-in-grade requirement in subsection (b)(1) may
 6       not be reduced pursuant to subsection (b)(1) or
 7       waived pursuant to subsection (b)(3).
 8             ‘‘(4) PROHIBITION ON DELEGATION.—The au-
 9       thority of the Secretary of a military department
10       under paragraph (1) may not be delegated. The au-
11       thority of the Secretary of Defense under paragraph
12       (2) may not be delegated.
13       ‘‘(e) FINAL RETIREMENT GRADE FOLLOWING RESOLU-
14   TION OF PENDING INVESTIGATION OR ADVERSE ACTION.—

15             ‘‘(1) NO CHANGE FROM CONDITIONAL RETIRE-
16       MENT GRADE.—If the resolution of an investigation or

17       personnel action with respect to an officer who has
18       been retired in a conditional retirement grade pursu-
19       ant to subsection (d) results in a determination that
20       the conditional retirement grade in which the officer
21       was retired will not be changed, the conditional re-
22       tirement grade of the officer shall, subject to para-
23       graph (3), be the final retired grade of the officer.
24             ‘‘(2) CHANGE FROM CONDITIONAL RETIREMENT
25       GRADE.—If the resolution of an investigation or per-



      † HR 6395 EAS
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 1      sonnel action with respect to an officer who has been
 2      retired in a conditional retirement grade pursuant to
 3      subsection (d) results in a determination that the con-
 4      ditional retirement grade in which the officer was re-
 5      tired should be changed, the changed retirement grade
 6      shall be the final retired grade of the officer under
 7      this section, except that if the final retirement grade
 8      provided for an officer pursuant to this paragraph is
 9      the grade of lieutenant general or general in the
10      Army, Air Force, or Marine Corps, vice admiral or
11      admiral in the Navy, or an equivalent grade in the
12      Space Force, the requirements in subsection (c) shall
13      apply in connection with the retirement of the officer
14      in such final retirement grade.
15            ‘‘(3) RECALCULATION OF RETIRED PAY.—
16                   ‘‘(A) IN   GENERAL.—If    the final retired
17            grade of an officer is as a result of a change
18            under paragraph (2), the retired pay of the offi-
19            cer under chapter 71 of this title shall be recal-
20            culated accordingly, with any modification of the
21            retired pay of the officer to go into effect as of
22            the date of the retirement of the officer.
23                   ‘‘(B) PAYMENT OF HIGHER AMOUNT FOR
24            PERIOD OF CONDITIONAL RETIREMENT GRADE.—

25            If the recalculation of the retired pay of an offi-


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 1            cer results in an increase in retired pay, the offi-
 2            cer shall be paid the amount by which such in-
 3            creased retired pay exceeded the amount of re-
 4            tired pay paid the officer for retirement in the
 5            officer’s conditional grade during the period be-
 6            ginning on the date of the retirement of the offi-
 7            cer in such conditional grade and ending on the
 8            effective date of the change of the officer’s retired
 9            grade. For an officer whose retired grade is de-
10            termined pursuant to subsection (c), the effective
11            date of the change of the officer’s retired grade
12            for purposes of this subparagraph shall be the
13            date that is 60 days after the date on which the
14            Secretary of Defense submits to the Committees
15            on Armed Services of the Senate and the House
16            of Representatives the certification required by
17            subsection (c) in connection with the retired
18            grade of the officer.
19                   ‘‘(C) RECOUPMENT     OF OVERAGE DURING

20            PERIOD OF CONDITIONAL RETIREMENT GRADE.—

21            If the recalculation of the retired pay of an offi-
22            cer results in a decrease in retired pay, there
23            shall be recouped from the officer the amount by
24            which the amount of retired pay paid the officer
25            for retirement in the officer’s conditional grade


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1              exceeded such decreased retired pay during the
2              period beginning on the date of the retirement of
3              the officer in such conditional grade and ending
4              on the effective date of the change of the officer’s
5              retired grade.
6        ‘‘(f) FINALITY      OF   RETIRED GRADE DETERMINA-
7    TIONS.—

 8             ‘‘(1) IN GENERAL.—Except for a conditional de-
 9       termination authorized by subsection (d), a deter-
10       mination of the retired grade of an officer pursuant
11       to this section is administratively final on the day the
12       officer is retired, and may not be reopened, except as
13       provided in paragraph (2).
14             ‘‘(2) REOPENING.—A final determination of the
15       retired grade of an officer may be reopened as follows:
16                    ‘‘(A) If the retirement or retired grade of the
17             officer was procured by fraud.
18                    ‘‘(B) If substantial evidence comes to light
19             after the retirement that could have led to deter-
20             mination of a different retired grade under this
21             section if known by competent authority at the
22             time of retirement.
23                    ‘‘(C) If a mistake of law or calculation was
24             made in the determination of the retired grade.




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1                    ‘‘(D) If the applicable Secretary determines,
2             pursuant to regulations prescribed by the Sec-
3             retary of Defense, that good cause exists to re-
4             open the determination of retired grade.
 5            ‘‘(3) APPLICABLE SECRETARY.—For purposes of
 6      this subsection, the applicable Secretary for purposes
 7      of a determination or action specified in this sub-
 8      section is—
 9                   ‘‘(A) the Secretary of the military depart-
10            ment concerned, in the case of an officer retired
11            in a grade at or below the grade of major general
12            in the Army, Air Force, or Marine Corps, rear
13            admiral in the Navy, or the equivalent grade in
14            the Space Force; or
15                   ‘‘(B) the Secretary of Defense, in the case of
16            an officer retired in a grade of lieutenant general
17            or general in the Army, Air Force, or Marine
18            Corps, vice admiral or admiral in the Navy, or
19            an equivalent grade in the Space Force.
20            ‘‘(4) NOTICE AND LIMITATION.—If a final deter-
21      mination of the retired grade of an officer is reopened
22      in accordance with paragraph (2), the applicable Sec-
23      retary—
24                   ‘‘(A) shall notify the officer of the reopening;
25            and


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 1                   ‘‘(B) may not make an adverse determina-
 2            tion on the retired grade of the officer until the
 3            officer has had a reasonable opportunity to re-
 4            spond regarding the basis for the reopening of
 5            the officer’s retired grade.
 6            ‘‘(5) ADDITIONAL NOTICE ON REOPENING FOR
 7      OFFICERS RETIRED IN O–9 AND O–10 GRADES.—If the

 8      determination of the retired grade of an officer whose
 9      retired grade was provided for pursuant to subsection
10      (c) is reopened, the Secretary of Defense shall also no-
11      tify the President and the Committees on Armed
12      Services of the Senate and the House of Representa-
13      tives.
14            ‘‘(6) MANNER OF MAKING OF CHANGE.—If the re-
15      tired grade of an officer is proposed to be changed
16      through the reopening of the final determination of an
17      officer’s retired grade under this subsection, the
18      change in grade shall be made—
19                   ‘‘(A) in the case of an officer whose retired
20            grade is to be changed to a grade at or below the
21            grade of major general in the Army, Air Force
22            or Marine Corps, rear admiral in the Navy, or
23            the equivalent grade in the Space Force, in ac-
24            cordance with subsections (a) and (b)—




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 1                        ‘‘(i) by the Secretary of Defense (who
 2                   may delegate such authority only as author-
 3                   ized by clause (ii)); or
 4                        ‘‘(ii) if authorized by the Secretary of
 5                   Defense, by the Secretary of the military de-
 6                   partment concerned (who may not further
 7                   delegate such authority);
 8                   ‘‘(B) in the case of an officer whose retired
 9            grade is to be changed to the grade of lieutenant
10            general or general in the Army, Air Force, or
11            Marine Corps, vice admiral or admiral in the
12            Navy, or an equivalent grade in the Space Force,
13            by the President, by and with the advice and
14            consent of the Senate.
15            ‘‘(7) RECALCULATION OF RETIRED PAY.—If the
16      final retired grade of an officer is changed through
17      the reopening of the officer’s retired grade under this
18      subsection, the retired pay of the officer under chapter
19      71 of this title shall be recalculated. Any modification
20      of the retired pay of the officer as a result of the
21      change shall go into effect on the effective date of the
22      change of the officer’s retired grade, and the officer
23      shall not be entitled or subject to any changed amount
24      of retired pay for any period before such effective
25      date. An officer whose retired grade is changed as


     † HR 6395 EAS
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 1        provided in paragraph (6)(B) shall not be entitled or
 2        subject to a change in retired pay for any period be-
 3        fore the date on which the Senate provides advice and
 4        consent for the retirement of the officer in such grade.
 5        ‘‘(g) HIGHEST PERMANENT GRADE DEFINED.—In this
 6 section, the term ‘highest permanent grade’ means a grade
 7 at or below the grade of major general in the Army, Air
 8 Force, or Marine Corps, rear admiral in the Navy, or an
 9 equivalent grade in the Space Force.
10 ‘‘§ 1370a. Officers entitled to retired pay for non-reg-
11                 ular service

12        ‘‘(a) RETIREMENT IN HIGHEST GRADE HELD SATIS-
13   FACTORILY.—Unless entitled to a different grade, or to cred-

14 it for satisfactory service in a different grade under some
15 other provision of law, a person who is entitled to retired
16 pay under chapter 1223 of this title shall, upon application
17 under section 12731 of this title, be credited with satisfac-
18 tory service in the highest permanent grade in which that
19 person served satisfactorily at any time in the armed forces,
20 as determined by the Secretary of the military department
21 concerned in accordance with this section.
22        ‘‘(b) SERVICE-IN-GRADE REQUIREMENT FOR OFFICERS
23   IN GRADES BELOW O–5.—In order to be credited with sat-

24 isfactory service in an officer grade (other than a warrant
25 officer grade) below the grade of lieutenant colonel or com-


       † HR 6395 EAS
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1 mander (in the case of the Navy), a person covered by sub-
2 section (a) must have served satisfactorily in that grade (as
3 determined by the Secretary of the military department
4 concerned) as a reserve commissioned officer in an active
5 status, or in a retired status on active duty, for not less
6 than six months.
7        ‘‘(c) SERVICE-IN-GRADE REQUIREMENT FOR OFFICES
 8   IN GRADES ABOVE O–4.—

 9             ‘‘(1) IN GENERAL.—In order to be credited with
10       satisfactory service in an officer grade above major or
11       lieutenant commander (in the case of the Navy), a
12       person covered by subsection (a) must have served sat-
13       isfactorily in that grade (as determined by the Sec-
14       retary of the military department concerned) as a re-
15       serve commissioned officer in an active status, or in
16       a retired status on active duty, for not less than three
17       years.
18             ‘‘(2) SATISFACTION OF REQUIREMENT BY CER-
19       TAIN OFFICERS NOT COMPLETING THREE YEARS.—A

20       person covered by paragraph (1) who has completed
21       at least six months of satisfactory service in grade
22       may be credited with satisfactory service in the grade
23       in which serving at the time of transfer or discharge,
24       notwithstanding failure of the person to complete
25       three years of service in that grade, if the person is


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 1      transferred from an active status or discharged as a
 2      reserve commissioned officer—
 3                   ‘‘(A) solely due to the requirements of a
 4            nondiscretionary provision of law requiring that
 5            transfer or discharge due to the person’s age or
 6            years of service; or
 7                   ‘‘(B) because the person no longer meets the
 8            qualifications for membership in the Ready Re-
 9            serve solely because of a physical disability, as
10            determined, at a minimum, by a medical evalua-
11            tion board and at the time of such transfer or
12            discharge the person (pursuant to section 12731b
13            of this title or otherwise) meets the service re-
14            quirements established by section 12731(a) of
15            this title for eligibility for retired pay under
16            chapter 1223 of this title, unless the disability is
17            described in section 12731b of this title.
18            ‘‘(3) REDUCTION        IN   SERVICE-IN-GRADE    RE-

19      QUIREMENTS.—

20                   ‘‘(A) OFFICERS IN GRADES BELOW GENERAL
21            AND FLAG OFFICER GRADES.—In the case of a

22            person to be retired in a grade below brigadier
23            general or rear admiral (lower half) in the Navy,
24            the Secretary of Defense may authorize the Sec-
25            retary of a military department to reduce, sub-


     † HR 6395 EAS
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 1            ject to subparagraph (B), the three-year period of
 2            service-in-grade required by paragraph (1) to a
 3            period not less than two years. The authority of
 4            the Secretary of a military department under
 5            this subparagraph may not be delegated.
 6                   ‘‘(B) LIMITATION.—The number of reserve
 7            commissioned officers of an armed force in the
 8            same grade for whom a reduction is made under
 9            subparagraph (A) during any fiscal year in the
10            period of service-in-grade otherwise required by
11            paragraph (1) may not exceed the number equal
12            to 2 percent of the strength authorized for that
13            fiscal year for reserve commissioned officers of
14            that armed force in an active status in that
15            grade.
16                   ‘‘(C) OFFICERS IN GENERAL AND FLAG OF-
17            FICERS GRADES.—The Secretary of Defense may

18            reduce the three-year period of service-in-grade
19            required by paragraph (1) to a period not less
20            than two years for any person, including a per-
21            son who, upon transfer to the Retired Reserve or
22            discharge, is to be credited with satisfactory serv-
23            ice in a general or flag officer grade under that
24            paragraph. The authority of the Secretary of De-




     † HR 6395 EAS
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 1            fense under this subparagraph may not be dele-
 2            gated.
 3                   ‘‘(D) NOTICE TO CONGRESS ON REDUCTION
 4            IN SERVICE-IN-GRADE REQUIREMENTS FOR GEN-

 5            ERAL AND FLAG OFFICER GRADES.—In the case

 6            of a person to be credited under this section with
 7            satisfactory service in a grade that is a general
 8            or flag officer grade who is eligible to be credited
 9            with such service in that grade only by reason
10            of an exercise of authority in subparagraph (C)
11            to reduce the three-year service-in-grade require-
12            ment otherwise applicable under paragraph (1),
13            the Secretary of Defense shall, not later than 60
14            days prior to the date on which the person will
15            be credited with such satisfactory service in that
16            grade, notify the Committees on Armed Services
17            of the Senate and the House of Representatives
18            of the exercise of authority in subparagraph (C)
19            with respect to that person.
20            ‘‘(4) OFFICERS SERVING IN GRADES ABOVE O–6
21      INVOLUNTARILY      TRANSFERRED       FROM   ACTIVE   STA-

22      TUS.—A       person covered by paragraph (1) who has
23      completed at least six months of satisfactory service
24      in a grade above colonel or (in the case of the Navy)
25      captain and, while serving in an active status in such


     † HR 6395 EAS
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 1      grade, is involuntarily transferred (other than for
 2      cause) from active status may be credited with satis-
 3      factory service in the grade in which serving at the
 4      time of such transfer, notwithstanding failure of the
 5      person to complete three years of service in that
 6      grade.
 7            ‘‘(5) ADJUTANTS      AND   ASSISTANT   ADJUTANTS

 8      GENERAL.—If a person covered by paragraph (1) has

 9      completed at least six months of satisfactory service
10      in grade, the person was serving in that grade while
11      serving in a position of adjutant general required
12      under section 314 of title 32 or while serving in a po-
13      sition of assistant adjutant general subordinate to
14      such a position of adjutant general, and the person
15      has failed to complete three years of service in that
16      grade solely because the person’s appointment to such
17      position has been terminated or vacated as described
18      in section 324(b) of such title, the person may be
19      credited with satisfactory service in that grade, not-
20      withstanding the failure of the person to complete
21      three years of service in that grade.
22            ‘‘(6) OFFICERS RECOMMENDED FOR PROMOTION
23      SERVING IN CERTAIN GRADE BEFORE PROMOTION.—

24      To the extent authorized by the Secretary of the mili-
25      tary department concerned, a person who, after hav-


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 1      ing been recommended for promotion in a report of
 2      a promotion board but before being promoted to the
 3      recommended grade, served in a position for which
 4      that grade is the minimum authorized grade may be
 5      credited for purposes of paragraph (1) as having
 6      served in that grade for the period for which the per-
 7      son served in that position while in the next lower
 8      grade. The period credited may not include any pe-
 9      riod before the date on which the Senate provides ad-
10      vice and consent for the appointment of that person
11      in the recommended grade.
12            ‘‘(7) OFFICERS QUALIFIED FOR FEDERAL REC-
13      OGNITION SERVING IN CERTAIN GRADE BEFORE AP-

14      POINTMENT.—To     the extent authorized by the Sec-
15      retary of the military department concerned, a person
16      who, after having been found qualified for Federal
17      recognition in a higher grade by a board under sec-
18      tion 307 of title 32, serves in a position for which
19      that grade is the minimum authorized grade and is
20      appointed as a reserve officer in that grade may be
21      credited for the purposes of paragraph (1) as having
22      served in that grade. The period of the service for
23      which credit is afforded under the preceding sentence
24      may be only the period for which the person served




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 1      in the position after the Senate provides advice and
 2      consent for the appointment.
 3            ‘‘(8) RETIREMENT IN NEXT LOWEST GRADE FOR
 4      OFFICERS NOT MEETING SERVICE-IN-GRADE REQUIRE-

 5      MENTS.—A person whose length of service in the high-

 6      est grade held does not meet the service-in-grade re-
 7      quirements specified in this subsection shall be cred-
 8      ited with satisfactory service in the next lower grade
 9      in which that person served satisfactorily (as deter-
10      mined by the Secretary of the military department
11      concerned) for not less than six months.
12      ‘‘(d) OFFICERS IN O–9 AND O–10 GRADES.—
13            ‘‘(1) IN GENERAL.—A person covered by this sec-
14      tion in the Army, Navy, Air Force, or Marine Corps
15      who is serving or has served in a position of impor-
16      tance and responsibility designated by the President
17      to carry the grade of lieutenant general or general in
18      the Army, Air Force, or Marine Corps, or vice admi-
19      ral or admiral in the Navy under section 601 of this
20      title may be retired in such grade under subsection
21      (a) only after the Secretary of Defense certifies in
22      writing to the President and the Committees on
23      Armed Services of the Senate and the House of Rep-
24      resentatives that the officer served satisfactorily in
25      such grade.


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 1            ‘‘(2) PROHIBITION ON DELEGATION.—The au-
 2      thority of the Secretary of Defense to make a certifi-
 3      cation with respect to an officer under paragraph (1)
 4      may not be delegated.
 5            ‘‘(3) REQUIREMENTS IN CONNECTION WITH CER-
 6      TIFICATION.—A certification with respect to an officer

 7      under paragraph (1) shall—
 8                   ‘‘(A) be submitted by the Secretary of De-
 9            fense such that it is received by the President
10            and the Committees on Armed Services of the
11            Senate and the House of Representatives not
12            later than 60 days prior to the date on which the
13            officer will be retired in the grade concerned;
14                   ‘‘(B) include an up-to-date copy of the mili-
15            tary biography of the officer; and
16                   ‘‘(C) include the statement of the Secretary
17            as to whether or not potentially adverse, adverse,
18            or reportable information regarding the officer
19            was considered by the Secretary in making the
20            certification.
21            ‘‘(4) CONSTRUCTION WITH OTHER NOTICE.—In
22      the case of an officer under paragraph (1) who is eli-
23      gible to be credited with service in a grade only by
24      reason of the exercise of the authority in subsection
25      (c)(3)(C) to reduce the three-year service-in-grade re-


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 1       quirement under subsection (c)(1), the requirement for
 2       notification under subsection (c)(3)(D) is satisfied if
 3       the notification is included in the certification sub-
 4       mitted by the Secretary of Defense under paragraph
 5       (1).
 6       ‘‘(e) CONDITIONAL RETIREMENT GRADE AND RETIRE-
 7   MENT FOR     OFFICERS UNDER INVESTIGATION FOR MIS-
 8   CONDUCT OR       PENDING ADVERSE PERSONNEL ACTION.—
 9 The retirement grade, and retirement, of a person covered
10 by this section who is under investigation for alleged mis-
11 conduct or pending the disposition of an adverse personnel
12 action at the time of retirement is as provided for by section
13 1370(d) of this title. In the application of such section
14 1370(d) for purposes of this subsection, any reference ‘active
15 duty’ shall be deemed not to apply, and any reference to
16 a provision of section 1370 of this title shall be deemed to
17 be a reference to the analogous provision of this section.
18       ‘‘(f) FINAL RETIREMENT GRADE FOLLOWING RESOLU-
19   TION OF PENDING INVESTIGATION OR ADVERSE ACTION.—

20 The final retirement grade under this section of a person
21 described in subsection (e) following resolution of the inves-
22 tigation or personnel action concerned is the final retire-
23 ment grade provided for by section 1370(e) of this title. In
24 the application of such section 1370(e) for purposes of this
25 subsection, any reference to a provision of section 1370 of


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 1 this title shall be deemed to be a reference to the analogous
 2 provision of this section. In the application of paragraph
 3 (3) of such section 1370e(e) for purposes of this subsection,
 4 the reference to ‘chapter 71’ of this title shall be deemed
 5 to be a reference to ‘chapter 1223 of this title’.
 6       ‘‘(g) FINALITY     OF   RETIRED GRADE DETERMINA-
 7   TIONS.—

 8             ‘‘(1) IN GENERAL.—Except for a conditional de-
 9       termination authorized by subsection (e), a deter-
10       mination of the retired grade of a person pursuant to
11       this section is administratively final on the day the
12       person is retired, and may not be reopened.
13             ‘‘(2) REOPENING.—A determination of the re-
14       tired grade of a person may be reopened in accord-
15       ance with applicable provisions of section 1370(f) of
16       this title. In the application of such section 1370(f)
17       for purposes of this subsection, any reference to a pro-
18       vision of section 1370 of this title shall be deemed to
19       be a reference to the analogous provision of this sec-
20       tion. In the application of paragraph (7) of such sec-
21       tion 1370(f) for purposes of this paragraph, the ref-
22       erence to ‘chapter 71 of this title’ shall be deemed to
23       be a reference to ‘chapter 1223 of this title’.
24       ‘‘(h) HIGHEST PERMANENT GRADE DEFINED.—In this
25 section, the term ‘highest permanent grade’ means a grade


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 1 at or below the grade of major general in the Army, Air
 2 Force, or Marine Corps or rear admiral in the Navy.’’.
 3                 (2) CLERICAL AMENDMENT.—The table of sec-
 4          tions at the beginning of chapter 69 of title 10,
 5          United States Code, is amended by striking the item
 6          relating to section 1370 and inserting the following
 7          new items:
     ‘‘1370. Regular commissioned officers.
     ‘‘1370a. Officers entitled to retired pay for non-regular service.’’.

 8          (b) CONFORMING AND TECHNICAL AMENDMENTS TO
 9 RETIRED GRADE RULES FOR THE ARMED FORCES.—
10                 (1) RETIRED             PAY.—Title          10, United States
11          Code, is amended as follows:
12                         (A) In section 1406(b)(2), by striking ‘‘sec-
13                 tion 1370(d)’’ and inserting ‘‘section 1370a’’.
14                         (B) In section 1407(f)(2)(B), by striking
15                 ‘‘by reason of denial of a determination or cer-
16                 tification under section 1370’’ and inserting
17                 ‘‘pursuant to section 1370 or 1370a’’.
18                 (2) ARMY.—Section 7341 of such title is amend-
19          ed—
20                         (A) by striking subsection (a) and inserting
21                 the following new subsection (a):
22          ‘‘(a)(1) The retired grade of a regular commissioned
23 officer of the Army who retires other than for physical dis-
24 ability is determined under section 1370 of this title.

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 1       ‘‘(2) The retired grade of a reserve commissioned offi-
 2 cer of the Army who retires other than for physical dis-
 3 ability is determined under section 1370a of this title.’’; and
 4                    (B) in subsection (b)—
 5                         (i) by striking ‘‘he’’ and inserting ‘‘the
 6                    member’’; and
 7                         (ii) by striking ‘‘his’’ and inserting
 8                    ‘‘the member’s’’.
 9             (3) NAVY AND MARINE CORPS.—Such title is fur-
10       ther amended as follows:
11                    (A) In section 8262(a), by striking ‘‘sections
12             689 and 1370’’ and inserting ‘‘section 689, and
13             section 1370 or 1370a (as applicable),’’.
14                    (B) In section 8323(c), by striking ‘‘section
15             1370 of this title’’ and inserting ‘‘section 1370 or
16             1370a of this title, as applicable’’.
17             (4) AIR     FORCE AND SPACE FORCE.—Section

18       9341 of such title is amended—
19                    (A) by striking subsection (a) and inserting
20             the following new subsection (a):
21       ‘‘(a)(1) The retired grade of a regular commissioned
22 officer of the Air Force or the Space Force who retires other
23 than for physical disability is determined under section
24 1370 of this title.




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 1       ‘‘(2) The retired grade of a reserve commissioned offi-
 2 cer of the Air Force or the Space Force who retires other
 3 than for physical disability is determined under section
 4 1370a of this title.’’; and
 5                    (B) in subsection (b)—
 6                         (i) by inserting ‘‘or a Regular or Re-
 7                    serve of the Space Force’’ after ‘‘Air Force’’;
 8                         (ii) by striking ‘‘he’’ and inserting ‘‘the
 9                    member’’; and
10                         (iii) by striking ‘‘his’’ and inserting
11                    ‘‘the member’s’’.
12             (5) RESERVE OFFICERS.—Section 12771 of such
13       title is amended—
14                    (A) in subsection (a), by striking ‘‘section
15             1370(d)’’ and inserting ‘‘section 1370a of this
16             title’’; and
17                    (B) in subsection (b)(1), by striking ‘‘sec-
18             tion 1370(d)’’ and inserting ‘‘section 1370a’’.
19       (c) OTHER REFERENCES.—In the determination of the
20 retired grade of a commissioned officer of the Armed Forces
21 entitled to retired pay under chapter 1223 of title 10,
22 United States Code, who retires after the date of the enact-
23 ment of this Act, any reference in a provision of law or
24 regulation to section 1370 of title 10, United States Code,
25 in such determination with respect to such officer shall be


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 1 deemed to be a reference to section 1370a of title 10, United
 2 States Code (as amended by subsection (a)).
 3   SEC. 508. REPEAL OF AUTHORITY FOR ORIGINAL APPOINT-

 4                    MENT OF REGULAR NAVY OFFICERS DES-

 5                    IGNATED FOR ENGINEERING DUTY, AERO-

 6                    NAUTICAL ENGINEERING DUTY, AND SPECIAL

 7                    DUTY.

 8       (a) REPEAL.—Section 8137 of title 10, United States
 9 Code, is repealed.
10       (b) CLERICAL AMENDMENT.—The table of sections at
11 the beginning of chapter 815 of such title is amended by
12 striking the item relating to section 8137.
13      Subtitle B—Reserve Component
14               Management
15   SEC. 511. EXCLUSION OF CERTAIN RESERVE GENERAL AND

16                    FLAG OFFICERS ON ACTIVE DUTY FROM LIMI-

17                    TATIONS ON AUTHORIZED STRENGTHS.

18       (a) DUTY FOR CERTAIN RESERVE OFFICERS UNDER
19 JOINT DUTY LIMITED EXCLUSION.—Subsection (b) of sec-
20 tion 526a of title 10, United States Code, is amended by
21 adding at the end the following new paragraph:
22             ‘‘(3) DUTY FOR CERTAIN RESERVE OFFICERS.—
23       Of the officers designated pursuant to paragraph (1),
24       the Chairman of the Joint Chiefs of Staff may des-
25       ignate up to 15 general and flag officer positions in


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 1       the unified and specified combatant commands, and
 2       up to three general and flag officer positions on the
 3       Joint Staff, as positions to be held only by reserve of-
 4       ficers who are in a general or flag officer grade below
 5       lieutenant general or vice admiral. Each position so
 6       designated shall be considered to be a joint duty as-
 7       signment position for purposes of chapter 38 of this
 8       title.’’.
 9       (b) RESERVE OFFICERS ON ACTIVE DUTY FOR TRAIN-
10   ING OR FOR LESS THAN 180 DAYS.—Such section is further

11 amended—
12              (1) by redesignating subsections (c) through (h)
13       as subsections (d) through (i), respectively; and
14              (2) by inserting after subsection (b) the following
15       new subsection:
16       ‘‘(c) RESERVE OFFICERS ON ACTIVE DUTY FOR TRAIN-
17   ING OR FOR LESS THAN 180 DAYS.—The limitations of this

18 section do not apply to a reserve general or flag officer
19 who—
20              ‘‘(1) is on active duty for training; or
21              ‘‘(2) is on active duty under a call or order
22       specifying a period of less than 180 days.’’.




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 1         Subtitle C—General Service
 2                  Authorities
 3   SEC. 516. INCREASED ACCESS TO POTENTIAL RECRUITS.

 4       (a) SECONDARY SCHOOLS.—Section 503(c)(1) of title
 5 10, United States Code, is amended—
 6             (1) in subparagraph (A)—
 7                    (A) in clause (i), by striking ‘‘and’’ at the
 8             end;
 9                    (B) in clause (ii), by striking ‘‘and tele-
10             phone listings,’’ and all that follows through the
11             period at the end and inserting ‘‘electronic mail
12             addresses, home telephone numbers, and mobile
13             telephone numbers, notwithstanding subsection
14             (a)(5)(B) or (b) of section 444 of the General
15             Education Provisions Act (20 U.S.C. 1232g);
16             and’’; and
17                    (C) by adding at the end the following new
18             clause:
19             ‘‘(iii) shall provide information requested pursu-
20       ant to clause (ii) within a reasonable period of time,
21       but in no event later than 60 days after the date of
22       the request.’’; and
23             (2) in subparagraph (B), by striking ‘‘and tele-
24       phone listing’’ and inserting ‘‘electronic mail address,
25       home telephone number, or mobile telephone number’’.


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 1      (b) INSTITUTIONS OF HIGHER EDUCATION.—Section
 2 983(b) of such title is amended—
 3             (1) in paragraph (1), by striking ‘‘or’’ at the
 4      end;
 5             (2) in paragraph (2)—
 6                   (A) in subparagraph (A), by striking ‘‘and
 7             telephone listings’’ and inserting ‘‘electronic mail
 8             addresses, home telephone numbers, and mobile
 9             telephone numbers, which information shall be
10             made available not later than 60 days after the
11             start of classes for the current semester or not
12             later than 60 days after the date of a request,
13             whichever is later’’; and
14                   (B) in subparagraph (B), by striking the
15             period at the end and inserting ‘‘; or’’; and
16             (3) by adding at the end the following new para-
17      graph:
18             ‘‘(3) access by military recruiters for purposes of
19      military recruiting to lists of students (who are 17
20      years of age or older) not returning to the institution
21      after having been enrolled during the previous semes-
22      ter, together with student recruiting information and
23      the reason why the student did not return, if collected
24      by the institution.’’.




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 1   SEC. 517. TEMPORARY AUTHORITY TO ORDER RETIRED

 2                    MEMBERS TO ACTIVE DUTY IN HIGH-DEMAND,

 3                    LOW-DENSITY ASSIGNMENTS DURING WAR OR

 4                    NATIONAL EMERGENCY.

 5       Section 688a of title 10, United States Code, is amend-
 6 ed—
 7             (1) by redesignating subsection (g) as subsection
 8       (h); and
 9             (2) by inserting after subsection (f) the following
10       new subsection (g):
11       ‘‘(g) EXCEPTIONS DURING PERIODS OF WAR OR NA-
12   TIONAL EMERGENCY.—The limitations in subsections (c)

13 and (f) shall not apply during a time of war or of national
14 emergency declared by Congress or the President.’’.
15   SEC. 518. CERTIFICATE OF RELEASE OR DISCHARGE FROM

16                    ACTIVE DUTY (DD FORM 214) MATTERS.

17       (a) REDESIGNATION AS CERTIFICATE OF MILITARY
18 SERVICE.—
19             (1) IN GENERAL.—Department of Defense Form
20       DD 214, the Certificate of Release or Discharge from
21       Active Duty, is hereby redesignated as the Certificate
22       of Military Service.
23             (2) CONFORMING AMENDMENT.—Section 1168(a)
24       of title 10, United States Code, is amended by strik-
25       ing ‘‘discharge certificate or certificate of release from


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 1      active duty, respectively,’’ and inserting ‘‘Certificate
 2      of Military Serve’’.
 3            (3) REFERENCES.—Any reference in a law, regu-
 4      lation, document, paper, or other record of the United
 5      States to Department of Defense Form DD 214, the
 6      Certificate of Release or Discharge from Active Duty,
 7      shall be deemed to be a reference to the Certificate of
 8      Military Service.
 9            (4) TECHNICAL        AMENDMENTS.—Such        section
10      1168(a) is further amended—
11                   (A) by striking ‘‘until his’’ and inserting
12            ‘‘until the member’s’’;
13                   (B) by striking ‘‘his final pay’’ and insert-
14            ing ‘‘the member’s final pay’’; and
15                   (C) by striking ‘‘him or his next of kin’’
16            and inserting ‘‘the member or the member’s next
17            of kin’’.
18            (5) EFFECTIVE DATES.—
19                   (A) IN GENERAL.—Except as provided in
20            subparagraph (B), this subsection and the
21            amendments made by this subsection shall take
22            effect on the date provided for in subsection (d)
23            of section 569 of the National Defense Authoriza-
24            tion Act for Fiscal Year 2020 (Public Law 116–




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1             92), as redesignated by subsection (b)(1)(B) of
2             this section.
 3                   (B)       TECHNICAL      AMENDMENTS.—The

4             amendments made by paragraph (4) of this sub-
5             section shall take effect on the date of the enact-
6             ment of this Act.
7       (b) ADDITIONAL REQUIREMENTS.—
 8            (1) IN GENERAL.—Section 569 of the National
 9      Defense Authorization Act for Fiscal Year 2020 is
10      amended—
11                   (A) in subsection (a)—
12                         (i) by redesignating paragraphs (1)
13                   and (2) as paragraphs (2) and (4), respec-
14                   tively;
15                         (ii) by inserting before paragraph (2),
16                   as redesignated by clause (i), the following
17                   new paragraph (1);
18            ‘‘(1) redesignate such form as the Certificate of
19      Military Service;’’.
20                         (iii) in paragraph (2), as so redesig-
21                   nated, by striking ‘‘and’’ at the end; and
22                         (iv) by inserting after paragraph (2),
23                   as so redesignated, the following new para-
24                   graph:




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 1             ‘‘(3) provide for a standard total force record of
 2       military service for all members of the Armed Forces,
 3       including member of the reserve components, that
 4       summarizes the record of service for each member;
 5       and’’;
 6                    (B) by redesignating subsections (b) and (c)
 7             as subsections (d) and (e), respectively;
 8                    (C) by inserting after subsection (a) the fol-
 9             lowing new subsections:
10       ‘‘(b) ISSUANCE TO RESERVES.—The Secretary of De-
11 fense shall provide for the issuance of the Certificate of Mili-
12 tary Service, as modified pursuant to subsection (a), to
13 members of the reserve components of the Armed Forces at
14 such times during their military service as is appropriate
15 to facilitate their access to benefits under the laws adminis-
16 tered by the Secretary of Veterans Affairs.
17       ‘‘(c) COORDINATION.—In carrying out this section, the
18 Secretary of Defense shall coordinate with the Secretary of
19 Veterans Affairs to ensure that the Certificate of Military
20 Service, as modified pursuant to subsection (a), is recog-
21 nized as the Certificate of Military Service referred to in
22 section 1168(a) of title 10, United States Code, and for the
23 purposes of establishing eligibility for applicable benefits
24 under the laws administered by the Secretary of Veterans
25 Affairs.’’; and


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 1                     (D) in subsection (d), as redesignated by
 2              subparagraph (B), by striking ‘‘a revised Certifi-
 3              cate of Release or Discharge from Active Duty
 4              (DD Form 214), modified’’ and inserting ‘‘the
 5              Certificate of Military Service, as modified’’.
6               (2) CONFORMING AMENDMENT.—The heading of
7        such section 569 is amended to read as follows:
 8   ‘‘SEC. 569. CERTIFICATE OF RELEASE OR DISCHARGE FROM

 9                    ACTIVE DUTY (DD FORM 214) MATTERS.’’.

10              (3) REPEAL OF SUPERSEDED REQUIREMENTS.—
11       Section 570 of the National Defense Authorization Act
12       for Fiscal Year 2020 is repealed.
13   SEC. 519. EVALUATION OF BARRIERS TO MINORITY PAR-

14                    TICIPATION    IN   CERTAIN   UNITS   OF     THE

15                    ARMED FORCES.

16       (a) FINDINGS.—Congress makes the following findings:
17              (1) In 1999, the RAND Corporation issued a re-
18       port entitled ‘‘Barriers to Minority Participation in
19       Special Operations Forces’’ that was sponsored by
20       United States Special Operations Command.
21              (2) In 2018, the RAND Corporation issued a re-
22       port    entitles    ‘‘Understanding   Demographic        Dif-
23       ferences in Undergraduate Pilot Training Attrition’’
24       that was sponsored by the Air Force.




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 1            (3) No significant independent study has been
 2      performed by a federally funded research and develop-
 3      ment center into increasing minority participation in
 4      the special operations forces since 1999.
 5      (b) STUDY REQUIRED.—
 6            (1) IN GENERAL.—Not later than 30 days after
 7      the date of the enactment of this Act, the Secretary of
 8      Defense shall, acting through the Under Secretary of
 9      Defense for Personnel and Readiness, seek to enter
10      into an agreement with a federally funded research
11      and development center.
12            (2) ELEMENTS.—The evaluation under para-
13      graph (1) shall include the following elements:
14                   (A) A description of the racial, ethnic, and
15            gender composition of covered units.
16                   (B) A comparison of the participation rates
17            of minority populations in covered units to par-
18            ticipation rates of the general population as
19            members and as officers of the Armed Forces.
20                   (C) A comparison of the percentage of mi-
21            nority officers in the grade of O–7 or higher who
22            have served in each covered unit to such percent-
23            age for all such officers in the Armed Force of
24            that covered unit.




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 1                    (D) An identification of barriers to minor-
 2               ity participation in the accession, assessment,
 3               and training processes.
 4                    (E) The status and effectiveness of the re-
 5               sponse to the recommendations contained in the
 6               report referred to in subsection (a)(1) and any
 7               follow-up recommendations.
 8                    (F) Recommendations to increase the num-
 9               bers of minority officers in the Armed Forces.
10                    (G) Recommendations to increase minority
11               participation in covered units.
12                    (H) Any other matters the Secretary deter-
13               mines appropriate.
14               (3) REPORT     TO    CONGRESS.—The      Secretary
15       shall—
16                    (A) submit to the congressional defense com-
17               mittees a report on the results of the study by
18               not later than January 1, 2022; and
19                    (B) provide interim briefings to such com-
20               mittees upon request.
21       (c) DESIGNATION.—The study conducted under sub-
22 section (b) shall be known as the ‘‘Study on Reducing Bar-
23 riers to Minority Participation in Elite Units in the Armed
24 Services’’.




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 1       (d) IMPLEMENTATION PLAN.—The Secretary shall sub-
 2 mit to the congressional defense committees a report setting
 3 forth an implementation plan for the recommendations that
 4 the Secretary implements under this section, including—
 5             (1) the response of the Secretary to each such rec-
 6       ommendation;
 7             (2) a summary of actions the Secretary has car-
 8       ried out, or intends to carry out, to implement such
 9       recommendations, as appropriate; and
10             (3) a schedule, with specific milestones, for com-
11       pleting the implementation of such recommendations.
12       (e) COVERED UNITS DEFINED.—In this section, the
13 term ‘‘covered units’’ means the following:
14             (1) Any forces designated by the Secretary as
15       special operations forces.
16             (2) Air Force Combat Control Teams.
17             (3) Air Force Pararescue.
18             (4) Marine Corps Force Reconnaissance.
19             (5) Coast Guard Deployable Operations Group.
20             (6) Pilot and navigator military occupational
21       specialties.
22   SEC. 520. REPORTS ON DIVERSITY AND INCLUSION IN THE

23                    ARMED FORCES.

24       (a) REPORT ON FINDINGS OF DEFENSE BOARD ON DI-
25   VERSITY AND INCLUSION IN THE MILITARY.—



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 1            (1) IN GENERAL.—Upon the completion by the
 2      Defense Board on Diversity and Inclusion in the
 3      Military of its report on actionable recommendations
 4      to increase racial diversity and ensure equal oppor-
 5      tunity across all grades of the Armed Forces, the Sec-
 6      retary of Defense shall submit to the Committee on
 7      Armed Services of the Senate and the House of Rep-
 8      resentatives a report on the report of the Defense
 9      Board, including the findings and recommendations
10      of the Defense Board.
11            (2) ELEMENTS.—The report required by para-
12      graph (1) shall include the following:
13                   (A) A comprehensive description of the find-
14            ings and recommendations of the Defense Board
15            in its report referred to in paragraph (1).
16                   (B) A comprehensive description of any ac-
17            tionable recommendations of the Defense Board
18            in its report.
19                   (C) A description of the actions proposed to
20            be undertaken by the Secretary in connection
21            with such recommendations, and a timeline for
22            implementation of such actions.
23                   (D) A description of the resources used by
24            the Defense Board for its report, and a descrip-




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1             tion and assessment of any shortfalls in such re-
2             sources for purposes of the Defense Board.
3       (b) REPORT ON DEFENSE ADVISORY COMMITTEE ON
4 DIVERSITY AND INCLUSION IN THE ARMED FORCES.—
 5            (1) IN GENERAL.—At the same time the Sec-
 6      retary of Defense submits the report required by sub-
 7      section (a), the Secretary shall also submit to the
 8      Committee on Armed Services of the Senate and the
 9      House of Representatives a report on the Defense Ad-
10      visory Committee on Diversity and Inclusion in the
11      Armed Forces.
12            (2) ELEMENTS.—The report required by para-
13      graph (1) shall include the following:
14                   (A) The mission statement or purpose of the
15            Advisory Committee, and any proposed objectives
16            and goals of the Advisory Committee.
17                   (B) A description of current members of the
18            Advisory Committee and the criteria used for se-
19            lecting members.
20                   (C) A description of the duties and scope of
21            activities of the Advisory Committee.
22                   (D) The reporting structure of the Advisory
23            Committee.
24                   (E) An estimate of the annual operating
25            costs and staff years of the Advisory Committee.


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1                     (F) An estimate of the number and fre-
2              quency of meetings of the Advisory Committee.
3                     (G) Any subcommittees, established or pro-
4              posed, that would support the Advisory Com-
5              mittee.
6                     (H) Such recommendations for legislative or
7              administrative action as the Secretary considers
8              appropriate to extend the term of the Advisory
9              Committee beyond the proposed termination date
10             of the Advisory Committee.
11       (c) REPORT ON CURRENT DIVERSITY AND INCLUSION
12   IN THE ARMED FORCES.—

13             (1) IN GENERAL.—At the same time the Sec-
14       retary of Defense submits the reports required by sub-
15       sections (a) and (b), the Secretary shall also submit
16       to the Committee on Armed Services of the Senate
17       and the House of Representatives a report on current
18       diversity and inclusion in the Armed Forces.
19             (2) ELEMENTS.—The report required by para-
20       graph (1) shall include the following:
21                    (A) An identification of the current racial,
22             ethnic, and sex composition of each Armed Force
23             generally.




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 1                    (B) An identification of the current racial,
 2             ethnic, and sex composition of each Armed Force
 3             by grade.
 4                    (C) A comparison of the participation rates
 5             of minority populations in officer grades, war-
 6             rant officer grades, and enlisted member grades
 7             in each Armed Force with the percentage of such
 8             populations among the general population.
 9                    (D) A comparison of the participation rates
10             of minority populations in each career field in
11             each Armed Force with the percentage of such
12             populations among the general population.
13                    (E) A comparison among the Armed Forces
14             of the percentage of minority populations in each
15             officer grade above grade O–4.
16                    (F) A comparison among the Armed Forces
17             of the percentage of minority populations in each
18             enlisted grade above grade E–6.
19                    (G) A description and assessment of bar-
20             riers to minority participation in the Armed
21             Forces in connection with accession, assessment,
22             and training.
23       (d) SENSE OF SENATE ON DEFENSE ADVISORY COM-
24   MITTEE ON    DIVERSITY AND INCLUSION IN THE ARMED
25 FORCES.—It is the sense of the Senate that the Defense Ad-


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1 visory Committee on Diversity and Inclusion in the Armed
2 Forces—
3             (1) should consist of diverse group of individuals,
4       including—
5                    (A) a general or flag officer from each reg-
6             ular component of the Armed Forces;
7                    (B) a retired general or flag officer from not
8             fewer than two of the Armed Forces;
9                    (C) a regular officer of the Armed Forces in
10            a grade O–5 or lower;
11                   (D) a regular enlisted member of the Armed
12            Forces in a grade E–7 or higher;
13                   (E) a regular enlisted member of the Armed
14            Forces in a grade E–6 or lower;
15                   (F) a member of a reserve component of the
16            Armed Forces in any grade;
17                   (G) a member of the Department of Defense
18            civilian workforce;
19                   (H) an member of the academic community
20            with expertise in diversity studies; and
21                   (I) an individual with appropriate exper-
22            tise in diversity and inclusion;
23            (2) should include individuals from a variety of
24      military career paths, including—
25                   (A) aviation;


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1                    (B) special operations;
2                    (C) intelligence;
3                    (D) cyber;
4                    (E) space; and
5                    (F) surface warfare;
6             (3) should have a membership such that not
7       fewer than 20 percent of members possess—
8                    (A) a firm understanding of the role of
9             mentorship and best practices in finding and
10            utilizing mentors;
11                   (B) experience and expertise in change of
12            culture of large organizations; or
13                   (C) experience and expertise in implementa-
14            tion science; and
15            (4) should focus on objectives that address—
16                   (A) barriers to promotion within the Armed
17            Forces, including development of recommenda-
18            tions on mechanisms to enhance and increase ra-
19            cial diversity and ensure equal opportunity
20            across all grades in the Armed Forces;
21                   (B) participation of minority officers and
22            senior noncommissioned officers in the Armed
23            Forces, including development of recommenda-
24            tions on mechanisms to enhance and increase
25            such participation;


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1                    (C) recruitment of minority candidates for
2             innovative pre-service programs in the Junior
3             Reserve Officers’ Training Corps (JROTC), Sen-
4             ior Reserve Officers’ Training Corps (SROTC),
5             and military service academies, including pro-
6             grams in connection with flight instruction, spe-
7             cial operations, and national security, including
8             development of recommendations on mechanisms
9             to enhance and increase such recruitment;
10                   (D) retention of minority individuals in
11            senior leadership and mentorship positions in
12            the Armed Forces, including development of rec-
13            ommendations on mechanisms to enhance and
14            increase such retention; and
15                   (E) achievement of cultural and ethnic di-
16            versity in recruitment for the Armed Forces, in-
17            cluding development of recommendations on
18            mechanisms to enhance and increase such diver-
19            sity in recruitment.




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 1     Subtitle D—Military Justice and
 2              Related Matters
 3 PART I—INVESTIGATION, PROSECUTION, AND DE-
 4       FENSE OF SEXUAL ASSAULT AND RELATED

 5       MATTERS

 6   SEC. 521. MODIFICATION OF TIME REQUIRED FOR EXPE-

 7                    DITED DECISIONS IN CONNECTION WITH AP-

 8                    PLICATIONS FOR CHANGE OF STATION OR

 9                    UNIT TRANSFER OF MEMBERS WHO ARE VIC-

10                    TIMS OF SEXUAL ASSAULT OR RELATED OF-

11                    FENSES.

12       (a) IN GENERAL.—Section 673(b) of title 10, United
13 States Code, is amended by striking ‘‘72 hours’’ both places
14 it appears and inserting ‘‘five calendar days’’.
15       (b) EFFECTIVE DATE.—The amendments made by sub-
16 section (a) shall take effect on the date of the enactment
17 of this Act, and shall apply to decisions on applications
18 for permanent change of station or unit transfer made
19 under section 673 of title 10, United States Code, on or
20 after that date.
21   SEC. 522. DEFENSE ADVISORY COMMITTEE FOR THE PRE-

22                    VENTION OF SEXUAL MISCONDUCT.

23       Section 550B of the National Defense Authorization
24 Act for Fiscal Year 2020 (Public Law 116–92) is amend-
25 ed—


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 1             (1) in subsection (c)(1)(B), by inserting ‘‘, in-
 2       cluding the United States Coast Guard Academy,’’
 3       after ‘‘academy’’;
 4             (2) by redesignating subsections (d), (e), and (f)
 5       as subsections (e), (f), and (g), respectively;
 6             (3) by inserting after subsection (c) the following
 7       new subsection (d):
 8       ‘‘(d) ADVISORY DUTIES ON COAST GUARD ACAD-
 9   EMY.—In providing advice under subsection (c)(1)(B), the

10 Advisory Committee shall also advise the Secretary of the
11 Department in which the Coast Guard is operating in ac-
12 cordance with this section on policies, programs, and prac-
13 tices of the United States Coast Guard Academy.’’; and
14             (4) in subsection (e) and paragraph (2) of sub-
15       section (g), as redesignated by paragraph (2) of this
16       section, by striking ‘‘the Committees on Armed Serv-
17       ices of the Senate and the House of Representatives’’
18       each place it appears and inserting ‘‘the Committees
19       on Armed Services and Commerce, Science, and
20       Transportation of the Senate and the Committees on
21       Armed Services and Transportation and Infrastruc-
22       ture of the House of Representatives’’.




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 1   SEC. 523. REPORT ON ABILITY OF SEXUAL ASSAULT RE-

 2                    SPONSE COORDINATORS AND SEXUAL AS-

 3                    SAULT PREVENTION AND RESPONSE VICTIM

 4                    ADVOCATES TO PERFORM DUTIES.

 5       (a) SURVEY.—
 6             (1) IN GENERAL.—Not later than June 30, 2021,
 7       the Secretary of Defense shall conduct a survey re-
 8       garding the ability of Sexual Assault Response Coor-
 9       dinators and Sexual Assault Prevention and Response
10       Victim Advocates to perform their duties.
11             (2) ELEMENTS.—The survey required under
12       paragraph (1) shall assess—
13                     (A) the current state of support provided to
14             Sexual Assault Response Coordinators and Sex-
15             ual Assault Prevention and Response Victim Ad-
16             vocates, including—
17                          (i) perceived professional or other re-
18                     prisal or retaliation; and
19                          (ii) access to sufficient physical and
20                     mental health services as a result of the na-
21                     ture of their work;
22                     (B) the ability of Sexual Assault Response
23             Coordinators and Sexual Assault Prevention and
24             Response Victim Advocates to contact and access
25             their installation commander or unit com-
26             mander;
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 1                    (C) the ability of Sexual Assault Response
 2             Coordinators and Sexual Assault Prevention and
 3             Response Victim Advocates to contact and access
 4             the immediate commander of victims and alleged
 5             offenders;
 6                    (D) the responsiveness and receptiveness of
 7             commanders to the Sexual Assault Response Co-
 8             ordinators;
 9                    (E) the support and services provided to
10             victims of sexual assault;
11                    (F) the understanding of others of the proc-
12             ess and their willingness to assist;
13                    (G) the adequacy of the training received by
14             Sexual Assault Response Coordinators and Sex-
15             ual Assault Prevention and Response Victim Ad-
16             vocates to effectively perform their duties; and
17                    (H) any other factors affecting the ability of
18             Sexual Assault Response Coordinators and Sex-
19             ual Assault Prevention and Response Victim Ad-
20             vocates to perform their duties.
21       (b) REPORT.—Upon completion of the survey required
22 under subsection (a), the Secretary of Defense shall submit
23 to the Committees on Armed Services of the Senate and the
24 House of Representatives a report on the results of the sur-
25 vey and any actions to be taken as a result of the survey.


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 1   SEC. 524. BRIEFING ON SPECIAL VICTIMS’ COUNSEL PRO-

 2                    GRAM.

 3       (a) BRIEFING REQUIRED.—Not later than 180 days
 4 after the date of the enactment of this Act, the Judge Advo-
 5 cates General of the Army, the Navy, the Air Force, and
 6 the Coast Guard, and the Staff Judge Advocate to the Com-
 7 mandant of the Marine Corps shall each provide to the con-
 8 gressional defense committees a briefing on the status of the
 9 Special Victims’ Counsel program of the Armed Force con-
10 cerned.
11       (b) ELEMENTS.—Each briefing under subsection (a)
12 shall include, with respect to the Special Victims Counsel
13 program of the Armed Force concerned, the following:
14             (1) An assessment of whether the Armed Force is
15       in compliance with the provisions of the National De-
16       fense Authorization Act for Fiscal Year 2020 (Public
17       Law 116–92) relating to the Special Victims Counsel
18       program and, if not, what steps have been taken to
19       achieve compliance with such provisions.
20             (2) An estimate of the average caseload of each
21       Special Victims’ Counsel.
22             (3) A description of any staffing shortfalls in the
23       Special Victims’ Counsel program or other programs
24       of the Armed Force resulting from the additional re-
25       sponsibilities required of the Special Victims’ Counsel


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 1       program under the National Defense Authorization
 2       Act for Fiscal Year 2020.
 3             (4) An explanation of the ability of Special Vic-
 4       tims’ Counsel to adhere to requirement that a counsel
 5       respond to a request for services within 72 hours of
 6       receiving such request.
 7             (5) An assessment of the feasibility of providing
 8       cross-service Special Victims’ Counsel representation
 9       in instances where a Special Victims’ Counsel from a
10       different Armed Force is co-located with a victim at
11       a remote base.
12   SEC. 525. ACCOUNTABILITY OF LEADERSHIP OF THE DE-

13                    PARTMENT OF DEFENSE FOR DISCHARGING

14                    THE SEXUAL HARASSMENT POLICIES AND

15                    PROGRAMS OF THE DEPARTMENT.

16       (a) STRATEGY ON HOLDING LEADERSHIP ACCOUNT-
17   ABLE REQUIRED.—The Secretary of Defense shall develop

18 and implement Department of Defense-wide a strategy to
19 hold individuals in positions of leadership in the Depart-
20 ment (including members of the Armed Forces and civil-
21 ians) accountable for the promotion, support, and enforce-
22 ment of the policies and programs of the Department on
23 sexual harassment.
24       (b) OVERSIGHT FRAMEWORK.—




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 1             (1) IN GENERAL.—The strategy required by sub-
 2       section (a) shall provide for an oversight framework
 3       for the efforts of the Department of Defense to pro-
 4       mote, support, and enforce the policies and programs
 5       of the Department on sexual harassment.
 6             (2) ELEMENTS.—The oversight framework re-
 7       quired by paragraph (1) shall include the following:
 8                    (A) Long-term goals, objectives, and mile-
 9             stones in connection with the policies and pro-
10             grams of the Department on sexual harassment.
11                    (B) Strategies to achieve the goals, objec-
12             tives, and milestones referred to in subparagraph
13             (A).
14                    (C) Criteria for assessing progress toward
15             the achievement of the goals, objectives, and mile-
16             stones referred to in subparagraph (A).
17                    (D) Criteria for assessing the effectiveness of
18             the policies and programs of the Department on
19             sexual harassment.
20                    (E) Mechanisms to ensure that adequate re-
21             sources are available to the Office to develop and
22             discharge the oversight framework.
23       (c) REPORT.—Not later than one year after the date
24 of the enactment of this Act, the Secretary of Defense shall
25 submit to the Committees on Armed Services of the Senate


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 1 and the House of Representatives a report on the actions
 2 taken to carry out this section, including the strategy devel-
 3 oped and implemented pursuant to subsection, and the over-
 4 sight framework developed and implemented pursuant to
 5 subsection (b).
 6   SEC. 526. SAFE-TO-REPORT POLICY APPLICABLE ACROSS

 7                    THE ARMED FORCES.

 8       (a) IN GENERAL.—The Secretary of Defense shall, in
 9 consultation with the Secretaries of the military depart-
10 ments, prescribe in regulations a safe-to-report policy de-
11 scribed in subsection (b) that applies with respect to all
12 members of the Armed Forces (including members of the re-
13 serve components of the Armed Forces) and cadets and mid-
14 shipmen at the military service academies.
15       (b) SAFE-TO-REPORT POLICY.—The safe-to-report pol-
16 icy described in this subsection is a policy that prescribes
17 the handling of minor collateral misconduct involving a
18 member of the Armed Forces who is the alleged victim of
19 sexual assault.
20       (c) AGGRAVATING CIRCUMSTANCES.—The regulations
21 under subsection (a) shall specify aggravating cir-
22 cumstances that increase the gravity of minor collateral
23 misconduct or its impact on good order and discipline for
24 purposes of the safe-to-report policy.




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1        (d) TRACKING OF COLLATERAL MISCONDUCT INCI-
2    DENTS.—In conjunction with the issuance of regulations

3 under subsection (a), Secretary shall develop and imple-
4 ment a process to track incidents of minor collateral mis-
5 conduct that are subject to the safe-to-report policy.
 6       (e) DEFINITIONS.—In this section:
 7             (1) The term ‘‘Armed Forces’’ has the meaning
 8       given that term in section 101(a)(4) of title 10,
 9       United States Code, except such term does not include
10       the Coast Guard.
11             (2) The term ‘‘military service academy’’ means
12       the following:
13                    (A) The United States Military Academy.
14                    (B) The United States Naval Academy.
15                    (C) The United States Air Force Academy.
16             (3) The term ‘‘minor collateral misconduct’’
17       means any minor misconduct that is potentially pun-
18       ishable under chapter 47 of title 10, United States
19       Code (the Uniform Code of Military Justice), that—
20                    (A) is committed close in time to or during
21             the sexual assault, and directly related to the in-
22             cident that formed the basis of the sexual assault
23             allegation;




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 1                     (B) is discovered as a direct result of the re-
 2             port of sexual assault or the ensuing investiga-
 3             tion into the sexual assault; and
 4                     (C) does not involve aggravating cir-
 5             cumstances (as specified in the regulations pre-
 6             scribed under subsection (c)) that increase the
 7             gravity of the minor misconduct or its impact on
 8             good order and discipline.
 9   SEC. 527. ADDITIONAL BASES FOR PROVISION OF ADVICE

10                    BY THE DEFENSE ADVISORY COMMITTEE FOR

11                    THE PREVENTION OF SEXUAL MISCONDUCT.

12       Section 550B(c)(2) of the National Defense Authoriza-
13 tion Act for Fiscal Year 2020 (Public Law 116–92) is
14 amended—
15             (1) by redesignating subparagraph (C) as sub-
16       paragraph (E); and
17             (2) by inserting after subparagraph (B) the fol-
18       lowing new subparagraphs:
19                     ‘‘(C) Efforts among private employers to
20             prevent sexual assault and sexual harassment
21             among their employees.
22                     ‘‘(D) Evidence-based studies on the preven-
23             tion of sexual assault and sexual harassment in
24             the Armed Forces, institutions of higher edu-
25             cation, and the private sector.’’.


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 1   SEC. 528. ADDITIONAL MATTERS FOR REPORTS OF THE DE-

 2                    FENSE ADVISORY COMMITTEE FOR THE PRE-

 3                    VENTION OF SEXUAL MISCONDUCT.

 4       Section 550B(d) of the National Defense Authorization
 5 Act for Fiscal Year 2020 (Public Law 116–92) is amended
 6 by adding at the end the following: ‘‘The report shall in-
 7 clude the following:
 8             ‘‘(1) A description and assessment of the extent
 9       and effectiveness of the inclusion by the Armed Forces
10       of sexual assault prevention and response training in
11       leader professional military education (PME), espe-
12       cially in such education for personnel in junior non-
13       commissioned officer grades.
14             ‘‘(2) An assessment of the feasibility of—
15                     ‘‘(A) the screening of recruits before entry
16             into military service for prior incidents of sexual
17             assault and harassment, including through back-
18             ground checks; and
19                     ‘‘(B) the administration of screening tests to
20             recruits to assess recruit views and beliefs on
21             equal opportunity, and whether such views and
22             beliefs are compatible with military service.
23             ‘‘(3) An assessment of the feasibility of con-
24       ducting exit interviews of members of the Armed
25       Forces upon their discharge release from the Armed
26       Forces in order to determine whether they experienced
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 1       or witnessed sexual assault or harassment during
 2       military service and did not report it, and an assess-
 3       ment of the feasibility of combining such exit inter-
 4       views with the Catch a Serial Offender (CATCH)
 5       Program of the Department of Defense.
 6             ‘‘(4) An assessment whether the sexual assault re-
 7       porting databases of the Department are sufficiently
 8       anonymized to ensure privacy while still providing
 9       military leaders with the information as follows:
10                     ‘‘(A) The approximate length of time the
11             victim and the assailant had been at the duty
12             station at which the sexual assault occurred.
13                     ‘‘(B) The percentage of sexual assaults oc-
14             curring while the victim or assailant were on
15             temporary duty, leave, or otherwise away from
16             their permanent duty station.
17                     ‘‘(C) The number of sexual assaults that in-
18             volve an abuse of power by a commander or su-
19             pervisor.’’.
20   SEC. 529. POLICY ON SEPARATION OF VICTIM AND AC-

21                    CUSED AT MILITARY SERVICE ACADEMIES

22                    AND   DEGREE-GRANTING       MILITARY     EDU-

23                    CATIONAL INSTITUTIONS.

24       (a) IN GENERAL.—The Secretary of Defense shall, in
25 consultation with the Secretaries of the military depart-


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 1 ments, the Superintendent of each military service acad-
 2 emy, and the head of each degree-granting military edu-
 3 cational institution, prescribe in regulations a policy under
 4 which association between a cadet or midshipman of a mili-
 5 tary service academy, or a member of the Armed Forces
 6 enrolled in a degree-granting military educational institu-
 7 tion, who is the alleged victim of a sexual assault and the
 8 accused is minimized while both parties complete their
 9 course of study at the academy or institution concerned.
10       (b) ELEMENTS.—The Secretary of Defense shall ensure
11 that the policy developed under subsection (a)—
12             (1) is fair to the both the alleged victim and the
13       accused;
14             (2) provides for the confidentiality of the parties
15       involved;
16             (3) provide that notice of the policy, including
17       the elements of the policy and the right to opt out of
18       coverage by the policy, is provided to the alleged vic-
19       tim upon the making of an allegation of a sexual as-
20       sault covered by the policy; and
21             (4) provide an alleged victim the right to opt out
22       of coverage by the policy in connection with such sex-
23       ual assault.
24       (c) MILITARY SERVICE ACADEMY DEFINED.—The term
25 ‘‘military service academy’’ means the following:


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 1             (1) The United States Military Academy.
 2             (2) The United States Naval Academy.
 3             (3) The United States Air Force Academy.
 4             (4) The United States Coast Guard Academy.
 5   SEC. 530. BRIEFING ON PLACEMENT OF MEMBERS OF THE

 6                    ARMED FORCES IN ACADEMIC STATUS WHO

 7                    ARE VICTIMS OF SEXUAL ASSAULT ONTO

 8                    NON-RATED PERIODS.

 9       Not later than 90 days after the date of the enactment
10 of this Act, the Secretary of Defense shall brief the Commit-
11 tees on Armed Services of the Senate and the House of Rep-
12 resentatives on the feasibility and advisability, and current
13 practice (if any), of the Department of Defense of granting
14 requests by members of the Armed Forces who are in aca-
15 demic status (whether at the military service academies or
16 in developmental education programs) and who are victims
17 of sexual assault to be placed on a Non-Rated Period for
18 their performance report.




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 1    PART II—OTHER MILITARY JUSTICE MATTERS

 2   SEC. 531. RIGHT TO NOTICE OF VICTIMS OF OFFENSES

 3                    UNDER THE UNIFORM CODE OF MILITARY

 4                    JUSTICE REGARDING CERTAIN POST-TRIAL

 5                    MOTIONS, FILINGS, AND HEARINGS.

 6       Section 806b(a)(2) of title 10, United States Code (ar-
 7 ticle 6b(a)(2)) of the Uniform Code of Military Justice), is
 8 amended—
 9             (1) by redesignating subparagraphs (D) and (E)
10       as subparagraphs (E) and (F), respectively; and
11             (2) by inserting after subparagraph (C) the fol-
12       lowing new subparagraph (D):
13                     ‘‘(D) A post-trial motion, filing, or hearing
14             that may address the finding or sentence of a
15             court-martial with respect to the accused, unseal
16             privileged or private information of the victim,
17             or result in the release of the accused.’’.
18   SEC. 532. CONSIDERATION OF THE EVIDENCE BY COURTS

19                    OF CRIMINAL APPEALS.

20       (a) IN GENERAL.—Section 866 of title 10, United
21 States Code (article 66 of the Uniform Code of Military Jus-
22 tice), is amended—
23             (1) by redesignating subsections (e) through (j)
24       as subsections (f) through (k), respectively; and
25             (2) by inserting after subsection (d) the following
26       new subsection (e):
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 1      ‘‘(e) CONSIDERATION OF THE EVIDENCE.—
 2            ‘‘(1) IN GENERAL.—In an appeal of a finding of
 3      guilty under subsection (b), the Court of Criminal
 4      Appeals, upon request of the accused, may consider
 5      the weight of the evidence upon a specific showing by
 6      the accused of deficiencies in proof. The Court may
 7      set aside and dismiss a finding if clearly convinced
 8      that the finding was against the weight of the evi-
 9      dence. The Court may affirm a lesser finding. A re-
10      hearing may not be ordered.
11            ‘‘(2) DEFERENCE        IN   CONSIDERATION.—When

12      considering a case under subsection (b), the Court
13      may weigh the evidence and determine controverted
14      questions of fact, subject to—
15                   ‘‘(A) appropriate deference to the fact that
16            the court-martial saw and heard the witnesses
17            and other evidence; and
18                   ‘‘(B) appropriate deference to findings of
19            fact entered into the record by the military
20            judge.’’.
21      (b) ADDITIONAL QUALIFICATIONS           OF   APPELLATE
22 MILITARY JUDGES.—Subsection (a) of such section (article)
23 is amended—
24            (1) by inserting ‘‘(1)’’ before ‘‘Each judge’’; and




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 1             (2) by adding at the end the following new para-
 2       graph:
 3       ‘‘(2)(A) In addition to any other qualifications speci-
 4 fied in paragraph (1), any commissioned officer assigned
 5 as an appellate military judge to a Court of Criminal Ap-
 6 peals shall have not fewer than 12 years of experience in
 7 military justice assignments before such assignment, and
 8 any civilian so assigned shall have not fewer than 12 years
 9 as a judge or criminal trial attorney before such assign-
10 ment.
11       ‘‘(B) A Judge Advocate General may waive the re-
12 quirement in subparagraph (A) in connection with the as-
13 signment of an officer or civilian as an appellate military
14 judge of a Court of Criminal Appeals if the Judge Advocate
15 General determines that compliance with the requirement
16 in the assignment of appellate military judges to a Court
17 of Criminal Appeals will impair the ability of the Court
18 to hear and decide appeals in a timely manner.
19       ‘‘(C) Not later than 120 days after waiving the re-
20 quirement in subparagraph (A) pursuant to subparagraph
21 (B), the Judge Advocate General shall notify the congres-
22 sional defense committees of the waiver, and include with
23 the notice an explanation for the shortage of appellate mili-
24 tary judges and a plan for addressing such shortage.’’.




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 1       (c) REVIEW BY FULL COURT OF FINDING OF CONVIC-
 2   TION AGAINST WEIGHT OF EVIDENCE.—Subsection (e) of

 3 such section (article), as amended by subsection (a) of this
 4 section, is further is amended by adding at the end the fol-
 5 lowing new paragraph:
 6             ‘‘(3) REVIEW BY FULL COURT OF FINDING OF
 7       CONVICTION AGAINST WEIGHT OF EVIDENCE.—Any

 8       determination by the Court that a finding was clearly
 9       against the weight of the evidence under paragraph
10       (1) shall be reviewed by the Court sitting as a
11       whole.’’.
12   SEC. 533. PRESERVATION OF RECORDS OF THE MILITARY

13                    JUSTICE SYSTEM.

14       Section 940a of title 10, United States Code (article
15 140a of the Uniform Code of Military Justice), is amended
16 by adding at the end the following new subsection:
17       ‘‘(d) PRESERVATION OF RECORDS WITHOUT REGARD
18   TO OUTCOME.—The standards and criteria prescribed es-

19 tablished by the Secretary of Defense under subsection (a)
20 shall provide for the preservation of records, without regard
21 to the outcome of the proceeding concerned, for not fewer
22 than 15 years.’’.




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 1   SEC. 534. COMPTROLLER GENERAL OF THE UNITED STATES

 2                    REPORT   ON   IMPLEMENTATION     BY   THE

 3                    ARMED    FORCES   OF   RECENT   GAO   REC-

 4                    OMMENDATIONS AND STATUTORY REQUIRE-

 5                    MENTS ON ASSESSMENT OF RACIAL, ETHNIC,

 6                    AND GENDER DISPARITIES IN THE MILITARY

 7                    JUSTICE SYSTEM.

 8       (a) REPORT REQUIRED.—The Comptroller General of
 9 the United States shall submit to the Committees on Armed
10 Services of the Senate and the House of Representatives a
11 report, in writing, on a study, conducted by the Comptroller
12 General for purposes of the report, on the implementation
13 by the Armed Forces of the following:
14             (1) The recommendations in the May 2019 re-
15       port of the General Accountability Office entitled
16       ‘‘Military Justice: DOD and the Coast Guard Need to
17       Improve Their Capabilities to Assess Racial and Gen-
18       der Disparities’’ (GAO–19–344).
19             (2) Requirements in section 540I(b) of the Na-
20       tional Defense Authorization Act for Fiscal Year 2020
21       (Public Law 116–92), relating to assessments covered
22       by such recommendations.
23       (b) ELEMENTS.—The report required by subsection (a)
24 shall include, for each recommendation and requirement
25 specified in that subsection, the following:


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 1             (1) A description of the actions taken or planned
 2        by the Department of Defense, the military depart-
 3        ment concerned, or the Armed Force concerned to im-
 4        plement such recommendation or requirement.
 5             (2) An assessment of the extent to which the ac-
 6        tions taken to implement such recommendation or re-
 7        quirement, as described pursuant to paragraph (1),
 8        are effective or meet the intended objective.
 9             (3) Any other matters in connection with such
10        recommendation or requirement, and the implementa-
11        tion of such recommendation or requirement by the
12        Armed Forces, that the Comptroller General considers
13        appropriate.
14        (c) BRIEFINGS.—Not later than May 1, 2021, the
15 Comptroller General shall provide the committees referred
16 to in subsection (a) one or more briefings on the status of
17 the study required by that subsection, including any pre-
18 liminary findings and recommendations of the Comptroller
19 General as a result of the study as of the date of such brief-
20 ing.
21   SEC. 535. BRIEFING ON MENTAL HEALTH SUPPORT FOR VI-

22                    CARIOUS TRAUMA FOR CERTAIN PERSONNEL

23                    IN THE MILITARY JUSTICE SYSTEM.

24        (a) BRIEFING REQUIRED.—Not later than 180 days
25 after the date of the enactment of this Act, the Judge Advo-


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 1 cates General of the Army, the Navy, and the Air Force
 2 and the Staff Judge Advocate to the Commandant of the
 3 Marine Corps shall jointly brief the Committees on Armed
 4 Services of the Senate and the House of Representatives on
 5 the mental health support for vicarious trauma provided
 6 to personnel in the military justice system specified in sub-
 7 section (b).
 8       (b) PERSONNEL.—The personnel specified in this sub-
 9 section are the following:
10             (1) Trial counsel.
11             (2) Defense counsel.
12             (3) Special Victims’ Counsel.
13             (4) Military investigative personnel.
14       (c) ELEMENTS.—The briefing required by subsection
15 (a) shall include the following:
16             (1) A description and assessment of the mental
17       health support for vicarious trauma provided to per-
18       sonnel in the military justice system specified in sub-
19       section (b), including a description of the support
20       services available and the support services being used.
21             (2) A description and assessment of mechanisms
22       to eliminate or reduce stigma in the pursuit by such
23       personnel of such mental health support.
24             (3) An assessment of the feasibility and advis-
25       ability of providing such personnel with breaks be-


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 1       tween assignments or cases as part of such mental
 2       health support in order to reduce the effects of vicari-
 3       ous trauma.
 4             (4) A description and assessment of the extent, if
 5       any, to which duty of such personnel on particular
 6       types of cases, or in particular caseloads, contributes
 7       to vicarious trauma, and of the extent, if any, to
 8       which duty on such cases or caseloads has an effect
 9       on retention of such personnel in the Armed Forces.
10             (5) A description of the extent, if any, to which
11       such personnel are screened or otherwise assessed for
12       vicarious trauma before discharge or release from the
13       Armed Forces.
14             (6) Such other matters in connection with the
15       provision of mental health support for vicarious trau-
16       ma to such personnel as the Judge Advocates General
17       and the Staff Judge Advocate jointly consider appro-
18       priate.
19   SEC. 536. GUARDIAN AD LITEM PROGRAM FOR MINOR DE-

20                    PENDENTS OF MEMBERS OF THE ARMED

21                    FORCES.

22       Section 540L(b)(1) of the National Defense Authoriza-
23 tion Act for Fiscal Year 2020 (Public Law 116–92; 133
24 Stat. 1373) is amended by adding before the period at the
25 end the following: ‘‘, including an assessment of the feasi-


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 1 bility and advisability of establishing a guardian ad litem
 2 program for military dependents living outside the United
 3 States’’.
 4 Subtitle E—Member       Education,
 5   Training, Transition, and Resil-
 6   ience
 7   SEC. 541. TRAINING ON RELIGIOUS ACCOMMODATION FOR

 8                    MEMBERS OF THE ARMED FORCES.

 9       (a) IN GENERAL.—As recommended on page 149 of the
10 Report of the Committee on Armed Services of the Senate
11 to Accompany S. 1519 (115th Congress) (Senate Report
12 115–125), the Secretary of Defense shall develop and imple-
13 ment training on Federal statutes, Department of Defense
14 instructions, and the regulations of each Armed Force re-
15 garding religious liberty and accommodation for members
16 of the Armed Forces, including the responsibility of com-
17 manders to maintain good order and discipline.
18       (b) CONSULTATION.—The Secretary develop and im-
19 plement the training required by subsection (a) in consulta-
20 tion with the following:
21             (1) The General Counsel of the Department of
22       Defense.
23             (2) The Judge Advocate General of the Army, the
24       Judge Advocate General of the Navy, and the Judge
25       Advocate General of the Air Force.


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1             (3) The Chief of Chaplains of the Army, the
2       Chief of Chaplains of the Navy, and the Chief of
3       Chaplains of the Air Force.
 4      (c) CONTENTS.—The content of the training shall be
 5 consistent with and include coverage of each of the fol-
 6 lowing:
 7            (1) The Religious Freedom Restoration Act of
 8      1993 (42 U.S.C. 2000bb et seq.).
 9            (2) Section 533 of the National Defense Author-
10      ization Act for Fiscal Year 2013 (10 U.S.C. prec.
11      1030 note).
12            (3) Section 528 of the National Defense Author-
13      ization Act for Fiscal Year 2016 (Public Law 114–
14      92; 129 Stat. 814).
15      (d) IMPLEMENTATION.—
16            (1) RECIPIENTS.—The recipients of training de-
17      veloped under subsection (a) shall include the fol-
18      lowing at all levels of command:
19                   (A) Commanders
20                   (B) Chaplains.
21                   (C) Judge advocates.
22                   (D) Such other members of the Armed
23            Forces as the Secretary considers appropriate.
24            (2) COMMENCEMENT.—The provision of training
25      developed under subsection (a) shall commence not


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 1       later than one year after the date of the enactment of
 2       this Act.
 3   SEC. 542. ADDITIONAL ELEMENTS WITH 2021 CERTIFI-

 4                    CATIONS ON THE READY, RELEVANT LEARN-

 5                    ING INITIATIVE OF THE NAVY.

 6       (a) ADDITIONAL ELEMENTS.—In submitting to Con-
 7 gress in 2021 the certifications required by section 545 of
 8 the National Defense Authorization Act for Fiscal Year
 9 2018 (Public Law 115–91; 131 Stat. 1396; 10 U.S.C. 8431
10 note prec.), relating to the Ready, Relevant Learning ini-
11 tiative of the Navy, the Secretary of the Navy shall also
12 submit each of the following:
13             (1) A life cycle sustainment plan for the Ready,
14       Relevant Learning initiative meeting the require-
15       ments in subsection (b).
16             (2) A report on the use of readiness assessment
17       teams in training addressing the elements specified in
18       subsection (c).
19       (b) LIFE CYCLE SUSTAINMENT PLAN.—The life cycle
20 sustainment plan required by subsection (a)(1) shall in-
21 clude a description of the approved life cycle sustainment
22 plan for the Ready, Relevant Learning initiative, including
23 with respect to each of the following:
24             (1) Product support management.
25             (2) Supply support.


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 1             (3) Packaging, handling, storage, and transpor-
 2       tation.
 3             (4) Maintenance planning and management.
 4             (5) Design interface.
 5             (6) Sustainment engineering.
 6             (7) Technical data.
 7             (8) Computer resources.
 8             (9) Facilities and infrastructure.
 9             (10) Manpower and personnel.
10             (11) Support equipment.
11             (12) Training and training support.
12             (13) Governance, including the acquisition and
13       program management structure.
14             (14) Such other elements in the life cycle
15       sustainment of the Ready, Relevant Learning initia-
16       tive as the Secretary considers appropriate.
17       (c) REPORT ON USE OF READINESS ASSESSMENT
18 TEAMS.—The report required by subsection (a)(2) shall set
19 forth the following:
20             (1) A description and assessment of the extent to
21       which the Navy is currently using Engineering Read-
22       iness Assessment Teams (ERAT) and Combat Sys-
23       tems Readiness Assessment Teams (CSRAT) to con-
24       duct unit-level training and assistance in each capac-
25       ity as follows:


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 1                     (A)   To   augment   non-Ready,   Relevant
 2             Learning initiative training.
 3                     (B) As part of Ready, Relevant Learning
 4             initiative training.
 5                     (C) To train students on legacy, obsolete,
 6             one of a kind, or unique systems that are still
 7             widely used by the Navy.
 8                     (D) To train students on military-specific
 9             systems that are not found in the commercial
10             maritime world.
11             (2) A description and assessment of potential
12       benefits, and anticipated timelines and costs, in ex-
13       panding Engineering Readiness Assessment Team
14       and Combat Systems Readiness Assessment Team
15       training in the capacities specified in paragraph (1).
16             (3) Such other matters in connection with the
17       use of readiness assessment teams in connection with
18       the Ready, Relevant Learning initiative as the Sec-
19       retary considers appropriate.
20   SEC. 543. REPORT ON STANDARDIZATION AND POTENTIAL

21                    MERGER OF LAW ENFORCEMENT TRAINING

22                    FOR MILITARY AND CIVILIAN PERSONNEL

23                    ACROSS THE DEPARTMENT OF DEFENSE.

24       (a) REPORT REQUIRED.—Not later than June 8, 2021,
25 the Secretary of Defense shall submit to the Committees on


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 1 Armed Services of the Senate and the House of Representa-
 2 tives a report on the standardization and potential merger
 3 of law enforcement training for military and civilian per-
 4 sonnel across the Department of Defense, including training
 5 of military or civilian personnel of the Department des-
 6 ignated in accordance with section 2762 of title 10, United
 7 States Code, to protect buildings, grounds, and property
 8 under the jurisdiction, custody, or control of the Depart-
 9 ment and the persons on such property.
10       (b) ELEMENTS.—In developing the report required by
11 subsection (a), the Secretary shall do, and include in the
12 report the results of, the following:
13             (1) Identify and assess current law enforcement
14       training courses, schools, and programs of the Armed
15       Forces that have the flexibility and capacity to sup-
16       port the training referred to in subsection (a) through
17       common training standards.
18             (2) Identify and assess current Department law
19       enforcement training courses, schools, and programs
20       that are affiliated with or accredited by third parties
21       (including both governmental and private entities),
22       including an assessment of the value derived from
23       such affiliation or accreditation to the training re-
24       ferred to in subsection (a).




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1             (3) Identify emerging law enforcement training
2       requirements that are common among the Armed
3       Forces and other Department law enforcement compo-
4       nents and are currently unmet by the Armed Forces
5       or such components.
6             (4) Assess the feasibility, advisability, and suit-
7       ability of incorporating standardized and merged
8       field and operational training in military law en-
9       forcement mission areas, including area security op-
10      erations, law and order operations, internment and
11      resettlement operations, and police intelligence oper-
12      ations, in the training provided to all Armed Forces
13      and other Department law enforcement components.
14            (5) Identify and assess Department courses, pro-
15      grams, or institutions with the capability to support
16      law enforcement training or information sharing be-
17      tween Department military and civilian law enforce-
18      ment components and State, county, and local law
19      enforcement agencies, with the capability to support
20      law enforcement components of the National Guard
21      and other reserve components of the Armed Forces, or
22      with both such capabilities.
23            (6) Assess the feasibility, advisability, and suit-
24      ability of standardizing and merging the training re-
25      ferred to in subsection (a) across the Department, in-


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 1       cluding an assessment of the costs of such standard-
 2       ization and merger.
 3             (7) Any other matters the Secretary considers
 4       appropriate.
 5   SEC. 544. QUARTERLY REPORTS ON IMPLEMENTATION OF

 6                    RECOMMENDATIONS OF THE COMPREHEN-

 7                    SIVE   REVIEW    OF   SPECIAL   OPERATIONS

 8                    FORCES CULTURE AND ETHICS.

 9       (a) QUARTERLY REPORTS REQUIRED.—Not later than
10 March 1, 2021, and every 90 days thereafter through March
11 1, 2024, the Assistant Secretary of Defense for Special Op-
12 erations and Low Intensity Conflict shall, in coordination
13 with the Commander of the United States Special Oper-
14 ations Command, submit to the congressional defense com-
15 mittees a report on the current status of the implementation
16 of the actions recommended as a result of the Comprehensive
17 Review of Special Operations Forces Culture and Ethics.
18       (b) ELEMENTS.—Each report under subsection (a)
19 shall include the following:
20             (1) A list of the actions required as of the date
21       of such report to complete full implementation of each
22       of the 16 actions recommended by the Comprehensive
23       Review referred to in subsection (a).
24             (2) An identification of the office responsible for
25       completing each action listed pursuant to paragraph


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 1       (1), and an estimated timeline for completion of such
 2       action.
 3               (3) If completion of any action listed pursuant
 4       to paragraph (1) requires resources or actions for
 5       which authorization by statute is required, a rec-
 6       ommendation for legislative action for such authoriza-
 7       tion.
 8               (4) Any other matters the Assistant Secretary or
 9       the Commander considers appropriate.
10   SEC. 545. INFORMATION ON NOMINATIONS AND APPLICA-

11                    TIONS FOR MILITARY SERVICE ACADEMIES.

12       (a) REPORT ON CONGRESSIONAL NOMINATIONS POR-
13   TAL.—

14               (1) IN GENERAL.—Not later than one year after
15       the date of the enactment of this Act, the Secretary of
16       Defense shall, in consultation with the Superintend-
17       ents of the military service academies, submit to the
18       Committees on Armed Services of the Senate and the
19       House of Representatives a report setting forth an as-
20       sessment of the feasibility and advisability of a uni-
21       form online portal for all military service academies
22       that enables Members of Congress to nominate indi-
23       viduals for appointment to each academy through a
24       secure website.




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 1            (2) INFORMATION          COLLECTION   AND   REPORT-

 2      ING.—For purposes of preparing the report required

 3      by paragraph (1), the Secretary shall treat the online
 4      portal described in that paragraph as permitting the
 5      collection, from each Member of Congress, of the demo-
 6      graphic information described in subsection (b) for
 7      each individual nominated by the Member.
 8            (3) AVAILABILITY OF INFORMATION.—For pur-
 9      poses of preparing the report, the Secretary shall treat
10      the online portal as permitting Members of Congress
11      and their designees to view past nomination records
12      for all application cycles.
13            (4) MATTERS IN CONNECTION WITH ESTABLISH-
14      MENT OF PORTAL.—If the Secretary determines that

15      the online portal is feasible and advisable, the report
16      shall include—
17                   (A) a comprehensive description of the on-
18            line portal; and
19                   (B) such recommendations for legislative
20            and administrative action as the Secretary con-
21            siders appropriate to establish and maintain the
22            online portal.
23      (b) STANDARD CLASSIFICATIONS FOR COLLECTION OF
24 DEMOGRAPHIC DATA.—




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 1            (1) STANDARDS REQUIRED.—The Secretary of
 2      Defense shall, in consultation with the Superintend-
 3      ents of the military service academies, establish stand-
 4      ard classifications that cadets, midshipmen, and ap-
 5      plicants to the academies may use to self-identify gen-
 6      der, race, and ethnicity and to provide other demo-
 7      graphic information in connection with admission to
 8      or enrollment in an academy.
 9            (2) CONSISTENCY WITH OMB GUIDANCE.—The
10      standard classifications established under paragraph
11      (1) shall be consistent with the standard classifica-
12      tions specified in Office of Management and Budget
13      Directive No. 15 (pertaining to race and ethnic
14      standards for Federal statistics and administrative
15      reporting) or any successor directive.
16            (3) INCORPORATION       INTO   APPLICATIONS    AND

17      RECORDS.—Not later than one year after the date of

18      the enactment of this Act, the Secretary shall incor-
19      porate the standard classifications established under
20      paragraph (1) into—
21                   (A) applications for admission to the mili-
22            tary service academies; and
23                   (B) the military personnel records of cadets
24            and midshipmen enrolled in such academies.




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 1       (c) MILITARY SERVICE ACADEMY DEFINED.—In this
 2 section, the term ‘‘military service academy’’ means—
 3             (1) the United States Military Academy;
 4             (2) the United States Naval Academy; and
 5             (3) the United States Air Force Academy.
 6   SEC. 546. PILOT PROGRAMS IN CONNECTION WITH SENIOR

 7                    RESERVE OFFICERS’ TRAINING CORPS UNITS

 8                    AT HISTORICALLY BLACK COLLEGES AND

 9                    UNIVERSITIES AND MINORITY INSTITUTIONS.

10       (a) PILOT PROGRAMS AUTHORIZED.—The Secretary
11 of Defense may carry out either or both of the pilot pro-
12 grams as follows:
13             (1) A pilot program, with elements as provided
14       for in subsection (c), at covered institutions in order
15       to assess the feasibility and advisability of mecha-
16       nisms to reduce barriers to participation in the Sen-
17       ior Reserve Officers’ Training Corps at such institu-
18       tions by creating partnerships between satellite or ex-
19       tension Senior Reserve Officers’ Training Corps units
20       at such institutions and military installations.
21             (2) A pilot program, with elements as provided
22       for in subsection (d), in order to assess the feasibility
23       and advisability of the provision of financial assist-
24       ance to members of the Senior Reserve Officers’




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 1       Training Corps at covered institutions for participa-
 2       tion in flight training.
 3       (b) DURATION.—The duration of each pilot program
 4 under subsection (a) may not exceed five years.
 5       (c) PILOT PROGRAM ON PARTNERSHIPS BETWEEN
 6 SATELLITE OR EXTENSION SROTC UNITS AND MILITARY
 7 INSTALLATIONS.—
 8             (1) PARTICIPATING       INSTITUTIONS.—The      Sec-
 9       retary of Defense shall carry out the pilot program
10       authorized by subsection (a)(1) at not fewer than five
11       covered institutions selected by the Secretary for pur-
12       poses of the pilot program.
13             (2) REQUIREMENTS FOR SELECTION.—Each cov-
14       ered institution selected by the Secretary for purposes
15       of the pilot program authorized by subsection (a)(1)
16       shall—
17                    (A) currently maintain a satellite or exten-
18             sion Senior Reserve Officers’ Training Corps
19             unit under chapter 103 of title 10, United States
20             Code, that is located more than 20 miles from
21             the host unit of such unit; or
22                    (B) establish and maintain a satellite or ex-
23             tension Senior Reserve Officers’ Training Corps
24             unit that meets the requirements in subpara-
25             graph (A).


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 1            (3) PREFERENCE       IN SELECTION OF INSTITU-

 2      TIONS.—In    selecting covered institutions under this
 3      subsection for participation in the pilot program au-
 4      thorized by subsection (a)(1), the Secretary shall give
 5      preference to covered institutions that are located
 6      within 20 miles of a military installation of the same
 7      Armed Force as the host unit of the Senior Reserve
 8      Officers’ Training Corp of the covered institution con-
 9      cerned.
10            (4) PARTNERSHIP      ACTIVITIES.—The    activities
11      conducted under the pilot program authorized by sub-
12      section (a)(1) between a satellite or extension Senior
13      Reserve Officers’ Training Corps unit and the mili-
14      tary installation concerned shall include such activi-
15      ties designed to reduce barriers to participation in the
16      Senior Reserve Officers’ Training Corps at the cov-
17      ered institution concerned as the Secretary considers
18      appropriate, including measures to mitigate travel
19      time and expenses in connection with receipt of Sen-
20      ior Reserve Officers’ Training Corps instruction.
21      (d) PILOT PROGRAM ON FINANCIAL ASSISTANCE FOR
22 SROTC MEMBERS FOR FLIGHT TRAINING.—
23            (1) ELIGIBILITY FOR PARTICIPATION BY SROTC
24      MEMBERS.—A member of a Senior Reserve Officers’

25      Training Corps unit at a covered institution may


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 1      participate in the pilot program authorized by sub-
 2      section (a)(2) if the member meets such academic re-
 3      quirements at the covered institution, and such other
 4      requirements, as the Secretary shall establish for pur-
 5      poses of the pilot program.
 6            (2) PREFERENCE        IN SELECTION OF PARTICI-

 7      PANTS.—In      selecting members under this subsection
 8      for participation in the pilot program authorized by
 9      subsection (a)(2), the Secretary shall give a preference
10      to members who will pursue flight training under the
11      pilot program at a covered institution.
12            (3) FINANCIAL ASSISTANCE FOR FLIGHT TRAIN-
13      ING.—

14                   (A) IN GENERAL.—The Secretary may pro-
15            vide any member of a Senior Reserve Officers’
16            Training Corps who participates in the pilot
17            program authorized by subsection (a)(2) finan-
18            cial assistance to defray, whether in whole or in
19            part, the charges and fees imposed on the mem-
20            ber for flight training.
21                   (B) FLIGHT TRAINING.—Financial assist-
22            ance may be used under subparagraph (A) for a
23            course of flight training only if the course meets
24            Federal Aviation Administration standards and




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 1             is approved by the Federal Aviation Administra-
 2             tion and the applicable State approving agency.
 3                    (C) USE.—Financial assistance received by
 4             a member under subparagraph (A) may be used
 5             only to defray the charges and fees imposed on
 6             the member as described in that subparagraph.
 7                    (D) CESSATION OF ELIGIBILITY.—Financial
 8             assistance may not be provided to a member
 9             under subparagraph (A) as follows:
10                        (i) If the member ceases to meet the
11                    academic and other requirements established
12                    pursuant to paragraph (1).
13                        (ii) If the member ceases to be a mem-
14                    ber of the Senior Reserve Officers’ Training
15                    Corps.
16       (e) EVALUATION METRICS.—The Secretary of Defense
17 shall establish metrics to evaluate the effectiveness of the
18 pilot programs under subsection (a).
19       (f) REPORTS.—
20             (1) INITIAL REPORT.—Not later than 180 days
21       after the commencement of the pilot programs under
22       subsection (a), the Secretary of Defense shall submit
23       to the Committees on Armed Services of the Senate
24       and the House of Representatives a report on the pilot
25       programs. The report shall include the following:


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 1                   (A) A description of each pilot program, in-
 2            cluding in the case of the pilot program under
 3            subsection (a)(2) the requirements established
 4            pursuant to subsection (d)(1).
 5                   (B) The evaluation metrics established
 6            under subsection (e).
 7                   (C) Such other matters relating to the pilot
 8            programs as the Secretary considers appropriate.
 9            (2) ANNUAL REPORT.—Not later than 90 days
10      after the end of each fiscal year in which the Sec-
11      retary carries out the pilot programs, the Secretary
12      shall submit to the Committees on Armed Services of
13      the Senate and the House of Representatives a report
14      on the pilot programs during such fiscal year. Each
15      report shall include, for the fiscal year covered by
16      such report, the following:
17                   (A) In the case of the pilot program under
18            subsection (a)(1), a description of the partner-
19            ships between satellite or extension Senior Re-
20            serve Officers’ Training Corps units and mili-
21            tary installations under the pilot program.
22                   (B) In the case of the pilot program under
23            subsection (a)(2), the following:
24                       (i) The number of members of Senior
25                   Reserve Officers’ Training Corps units at


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1                    covered institutions selected for purposes of
2                    the pilot program, including the number of
3                    such members participating in the pilot
4                    program.
5                        (ii) The number of recipients of finan-
6                    cial assistance provided under the pilot pro-
7                    gram, including the number who—
8                                (I) completed a ground school
9                        course of instruction in connection
10                       with obtaining a private pilot’s certifi-
11                       cate;
12                               (II) completed flight training, and
13                       the type of training, certificate, or both
14                       received;
15                               (III) were selected for a pilot
16                       training slot in the Armed Forces;
17                               (IV) initiated pilot training in
18                       the Armed Forces; or
19                               (V) successfully completed pilot
20                       training in the Armed Forces.
21                       (iii) The amount of financial assist-
22                   ance provided under the pilot program, bro-
23                   ken out by covered institution, course of
24                   study, and such other measures as the Sec-
25                   retary considers appropriate.


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1                    (C) Data collected in accordance with the
2             evaluation metrics established under subsection
3             (e).
 4            (3) FINAL REPORT.—Not later than 180 days
 5      prior to the completion of the pilot programs, the Sec-
 6      retary shall submit to the Committees on Armed Serv-
 7      ices of the Senate and the House of Representatives a
 8      report on the pilot programs. The report shall include
 9      the following:
10                   (A) A description of the pilot programs.
11                   (B) An assessment of the effectiveness of
12            each pilot program.
13                   (C) A description of the cost of each pilot
14            program, and an estimate of the cost of making
15            each pilot program permanent.
16                   (D) An estimate of the cost of expanding
17            each pilot program throughout all eligible Senior
18            Reserve Officers’ Training Corps units.
19                   (E) Such recommendations for legislative or
20            administrative action as the Secretary considers
21            appropriate in light of the pilot programs, in-
22            cluding recommendations for extending or mak-
23            ing permanent the authority for each pilot pro-
24            gram.
25      (g) DEFINITIONS.—In this section:


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 1             (1) The term ‘‘covered institution’’ has the mean-
 2       ing given that term in section 262(g)(2) of the Na-
 3       tional Defense Authorization Act for Fiscal Year 2020
 4       (Public Law 116–92).
 5             (2) The term ‘‘flight training’’ means a course of
 6       instruction toward obtaining any of the following:
 7                     (A) A private pilot’s certificate.
 8                     (B) A commercial pilot certificate.
 9                     (C) A certified flight instructor certificate.
10                     (D) A multi-crew pilot’s license.
11                     (E) A flight instrument rating.
12                     (F) Any other certificate, rating, or pilot
13             privilege the Secretary considers appropriate for
14             purposes of this section.
15             (3) The term ‘‘military installation’’ means an
16       installation of the Department of Defense for the reg-
17       ular components of the Armed Forces.
18   SEC. 547. EXPANSION OF JUNIOR RESERVE OFFICERS’

19                    TRAINING CORPS PROGRAM.

20       (a) EXPANSION OF JROTC CURRICULUM.—Section
21 2031(a)(2) of title 10, United States Code, is amended by
22 inserting after ‘‘service to the United States’’ the following:
23 ‘‘(including an introduction to service opportunities in
24 military, national, and public service)’’.




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 1       (b) PLAN TO INCREASE NUMBER OF JROTC UNITS.—
 2 The Secretary of Defense shall, in consultation with the Sec-
 3 retaries of the military departments, develop and imple-
 4 ment a plan to establish and support not fewer than 6,000
 5 units of the Junior Reserve Officers’ Training Corps by
 6 September 30, 2031.
 7   SEC. 548. DEPARTMENT OF DEFENSE STARBASE PROGRAM.

 8       Section 2193b(h) of title 10, United States Code, is
 9 amended by inserting ‘‘the Commonwealth of the Northern
10 Mariana Islands, American Samoa,’’ before ‘‘and Guam’’.
11         Subtitle F—Decorations and
12                   Awards
13   SEC. 551. AWARD OR PRESENTATION OF DECORATIONS FA-

14                    VORABLY RECOMMENDED FOLLOWING DE-

15                    TERMINATION ON MERITS OF PROPOSALS

16                    FOR DECORATIONS NOT PREVIOUSLY SUB-

17                    MITTED IN A TIMELY FASHION.

18       (a) AWARD OR PRESENTATION AUTHORIZED.—Section
19 1130 of title 10, United States Code, is amended—
20             (1) by redesignating subsection (d) as subsection
21       (e); and
22             (2) by inserting after subsection (c) the following
23       new subsection (d):
24       ‘‘(d)(1) A decoration may be awarded or presented fol-
25 lowing the submission of a favorable recommendation for


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 1 the award or presentation of the decoration under sub-
 2 section (b).
 3         ‘‘(2) An award or presentation of a decoration under
 4 paragraph (1) may not occur before the end of the 60-day
 5 period beginning on the date of the submission under sub-
 6 section (b) of the favorable recommendation regarding the
 7 award or presentation of the decoration.
 8         ‘‘(3) The authority to make an award or presentation
 9 of a decoration under this subsection shall apply notwith-
10 standing any limitation described in subsection (a).’’.
11         (b) CONFORMING AND CLERICAL AMENDMENTS.—
12                (1) SECTION HEADING.—The heading of section
13         1130 of such title is amended to read as follows:
14 ‘‘§ 1130. Consideration of proposals for decorations
15                   not previously submitted in timely fash-

16                   ion: procedures for review and award or

17                   presentation’’.

18                (2) TABLE OF SECTIONS.—The table of sections
19         at the beginning of chapter 57 of such title is amend-
20         ed by striking the item relating to section 1130 and
21         inserting the following new item:
     ‘‘1130. Consideration of proposals for decorations not previously submitted in
                      timely fashion: procedures for review and award or presen-
                      tation.’’.

22   SEC. 552. HONORARY PROMOTION MATTERS.

23         (a) HONORARY PROMOTIONS                     ON     INITIATIVE       OF

24 DOD.—Chapter 80 of title 10, United States Code, is
       † HR 6395 EAS
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 1 amended by inserting after section 1563 the following new
 2 section:
 3 ‘‘§ 1563a. Honorary promotions on the initiative of the
 4                Department of Defense

 5         ‘‘(a) IN GENERAL.—(1) Under regulations prescribed
 6 by the Secretary of Defense, the Secretary may make an
 7 honorary promotion (whether or not posthumous) of a
 8 former member or retired member of the armed forces to
 9 any grade not exceeding the grade of major general, rear
10 admiral (upper half), or an equivalent grade in the Space
11 Force if the Secretary determines that the promotion is mer-
12 ited.
13         ‘‘(2) The authority to make an honorary promotion
14 under this subsection shall apply notwithstanding that the
15 promotion is not otherwise authorized by law.
16         ‘‘(b) NOTICE TO CONGRESS.—The Secretary may not
17 make an honorary promotion pursuant to subsection (a)
18 until 60 days after the date on which the Secretary submits
19 to the Committees on Armed Services of the Senate and the
20 House of Representatives a notice of the determination to
21 make the promotion, including a detailed discussion of the
22 rationale supporting the determination.
23         ‘‘(c) NOTICE OF PROMOTION.—Upon making an hon-
24 orary promotion pursuant to subsection (a), the Secretary
25 shall expeditiously notify the former member or retired


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 1 member concerned, or the next of kin of such former member
 2 or retired member if such former member or retired member
 3 is deceased, of the promotion.
 4       ‘‘(d) NATURE OF PROMOTION.—Any promotion pursu-
 5 ant to this section is honorary, and shall not affect the pay,
 6 retired pay, or other benefits from the United States to
 7 which the former member or retired member concerned is
 8 entitled or would have been entitled based on the military
 9 service of such former member or retired member, nor affect
10 any benefits to which any other person is or may become
11 entitled based on the military service of such former member
12 or retired member.’’.
13       (b) MODIFICATION OF AUTHORITIES ON REVIEW OF
14 PROPOSALS FROM CONGRESS.—
15             (1) STANDARDIZATION OF AUTHORITIES WITH
16       AUTHORITIES ON DOD INITIATIVE.—Section          1563 of
17       title 10, United States Code, is amended—
18                    (A) in subsection (a)—
19                        (i) in the first sentence, by striking
20                    ‘‘the posthumous or honorary promotion or
21                    appointment of a member or former member
22                    of the armed forces, or any other person
23                    considered qualified,’’ and inserting ‘‘the
24                    honorary promotion (whether or not post-




      † HR 6395 EAS
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 1                    humous) of a former member or retired
 2                    member of the armed forces’’; and
 3                         (ii) in the second sentence, by striking
 4                    ‘‘the posthumous or honorary promotion or
 5                    appointment’’ and inserting ‘‘the pro-
 6                    motion’’; and
 7                    (B) in subsection (b), by striking ‘‘the post-
 8             humous or honorary promotion or appointment’’
 9             and inserting ‘‘the honorary promotion’’.
10             (2) AUTHORITY          TO   MAKE   HONORARY     PRO-

11       MOTIONS FOLLOWING REVIEW OF PROPOSALS.—Such

12       section is further amended—
13                    (A) by redesignating subsection (c) as sub-
14             section (d); and
15                    (B) by inserting after subsection (b) the fol-
16             lowing new subsection (c):
17       ‘‘(c) AUTHORITY TO MAKE.—(1) Under regulations
18 prescribed by the Secretary of Defense, the Secretary of De-
19 fense may make an honorary promotion (whether or not
20 posthumous) of a former member or retired member of the
21 armed forces to any grade not exceeding the grade of major
22 general, rear admiral (upper half), or an equivalent grade
23 in the Space Force following the submittal of the determina-
24 tion of the Secretary concerned under subsection (b) in con-




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 1 nection with the proposal for the promotion if the deter-
 2 mination is to approve the making of the promotion.
 3       ‘‘(2) The Secretary of Defense may not make an hon-
 4 orary promotion under this subsection until 60 days after
 5 the date on which the Secretary concerned submits the deter-
 6 mination in connection with the proposal for the promotion
 7 under subsection (b), and the detailed rationale supporting
 8 the determination as described in that subsection, to the
 9 Committees on Armed Services of the Senate and the House
10 of Representatives and the requesting Member in accordance
11 with that subsection.
12       ‘‘(3) The authority to make an honorary promotion
13 under this subsection shall apply notwithstanding that the
14 promotion is not otherwise authorized by law.
15       ‘‘(4) Any promotion pursuant to this subsection is hon-
16 orary, and shall not affect the pay, retired pay, or other
17 benefits from the United States to which the former member
18 or retired member concerned is or would have been entitled
19 based upon the military service of such former member or
20 retired member, nor affect any benefits to which any other
21 person may become entitled based on the military service
22 of such former member or retired member.’’.
23             (3) HEADING AMENDMENT.—The heading of such
24       section is amended to read as follows:




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 1 ‘‘§ 1563. Consideration of proposals from Members of
 2                   Congress for honorary promotions: proce-

 3                   dures for review and promotion’’.

 4         (c) CLERICAL AMENDMENT.—The table of sections at
 5 the beginning of chapter 80 of such title is amended by
 6 striking the item relating to section 1563 and inserting the
 7 following new items:
     ‘‘1563. Consideration of proposals from Members of Congress for honorary pro-
                      motions: procedures for review and promotion.
     ‘‘1563a. Honorary promotions on the initiative of the Department of Defense.’’.

 8 Subtitle G—Defense Dependents’
 9   Education and Military Family
10   Readiness Matters
11      PART I—DEFENSE DEPENDENTS’ EDUCATION

12                                  MATTERS

13   SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL

14                     EDUCATIONAL AGENCIES THAT BENEFIT DE-

15                     PENDENTS OF MEMBERS OF THE ARMED

16                     FORCES AND DEPARTMENT OF DEFENSE CI-

17                     VILIAN EMPLOYEES.

18         (a) ASSISTANCE           TO    SCHOOLS WITH SIGNIFICANT
19 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the
20 amount authorized to be appropriated for fiscal year 2021
21 by section 301 and available for operation and maintenance
22 for Defense-wide activities as specified in the funding table
23 in section 4301, $50,000,000 shall be available only for the
24 purpose of providing assistance to local educational agen-

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 1 cies under subsection (a) of section 572 of the National De-
 2 fense Authorization Act for Fiscal Year 2006 (Public Law
 3 109–163; 20 U.S.C. 7703b).
 4       (b) LOCAL EDUCATIONAL AGENCY DEFINED.—In this
 5 section, the term ‘‘local educational agency’’ has the mean-
 6 ing given that term in section 7013(9) of the Elementary
 7 and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
 8   SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DIS-

 9                    ABILITIES.

10       (a) IN GENERAL.—Of the amount authorized to be ap-
11 propriated for fiscal year 2021 pursuant to section 301 and
12 available for operation and maintenance for Defense-wide
13 activities as specified in the funding table in section 4301,
14 $10,000,000 shall be available for payments under section
15 363 of the Floyd D. Spence National Defense Authorization
16 Act for Fiscal Year 2001 (as enacted into law by Public
17 Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).
18       (b) ADDITIONAL AMOUNT.—Of the amount authorized
19 to be appropriated for fiscal year 2021 pursuant to section
20 301 and available for operation and maintenance for De-
21 fense-wide activities as specified in the funding table in sec-
22 tion 4301, $10,000,000 shall be available for use by the Sec-
23 retary of Defense to make payments to local educational
24 agencies determined by the Secretary to have higher con-
25 centrations of military children with severe disabilities.


      † HR 6395 EAS
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 1       (c) REPORT.—Not later than March 1, 2021, the Sec-
 2 retary shall brief the Committees on Armed Services of the
 3 Senate and the House of Representatives on the Depart-
 4 ment’s evaluation of each local educational agency with
 5 higher concentrations of military children with severe dis-
 6 abilities and subsequent determination of the amounts of
 7 impact aid each such agency shall receive.
 8   SEC. 563. STAFFING OF DEPARTMENT OF DEFENSE EDU-

 9                    CATION ACTIVITY SCHOOLS TO MAINTAIN

10                    MAXIMUM STUDENT-TO-TEACHER RATIOS.

11       (a) IN GENERAL.—The Department of Defense Edu-
12 cation Activity (DoDEA) shall staff elementary and sec-
13 ondary schools operated by the Activity so as to maintain,
14 to the extent practicable, student-to-teacher ratios that do
15 not exceed the maximum student-to-teacher ratios specified
16 in subsection (b).
17       (b) MAXIMUM STUDENT-TO-TEACHER RATIOS.—The
18 maximum student-to-teacher ratios specified in this sub-
19 section are the following:
20             (1) For each of grades kindergarten through 3, a
21       ratio of 18 students to 1 teacher (18:1).
22             (2) For each of grades 4 through 12, a ratio
23       equal to the average student-to-teacher ratio for such
24       grade among all Department of Defense Education
25       Activity schools during the 2019–2020 academic year.


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 1       (c) SUNSET.—The requirement to staff schools in ac-
 2 cordance with subsection (a) shall expire at the end of the
 3 2023–2024 academic year of the Department of Defense
 4 Education Activity.
 5   SEC. 564. MATTERS IN CONNECTION WITH FREE APPRO-

 6                    PRIATE PUBLIC EDUCATION FOR DEPEND-

 7                    ENTS OF MEMBERS OF THE ARMED FORCES

 8                    WITH SPECIAL NEEDS.

 9       (a) INFORMATION ON DISPUTES REGARDING RECEIPT
10   OF FREE APPROPRIATE PUBLIC EDUCATION BY SPECIAL

11 NEEDS DEPENDENTS.—
12             (1) IN GENERAL.—Each Secretary of a military
13       department shall collect and maintain information on
14       special education disputes filed by members of the
15       Armed Forces under the jurisdiction of such Sec-
16       retary.
17             (2) INFORMATION.—The information collected
18       and maintained pursuant to this subsection shall in-
19       clude the following:
20                     (A) The number of special education dis-
21             putes filed.
22                     (B) The outcome or disposition of the dis-
23             putes.




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 1            (3) SOURCE OF INFORMATION.—The information
 2      collected and maintained pursuant to this subsection
 3      shall be derived from the following:
 4                   (A) Records and reports of case managers
 5            and navigators under the Exceptional Family
 6            Member Program (EFMP) of the Department of
 7            Defense.
 8                   (B) Reports of members of the Armed Forces
 9            concerned to installation or other military lead-
10            ership.
11                   (C) Such other sources as the Secretary of
12            the military department concerned considers ap-
13            propriate.
14            (4) ANNUAL REPORTS.— Each Secretary of a
15      military department shall submit each year to the Of-
16      fice of Special Needs of the Department of Defense a
17      report on the information collected by such Secretary
18      pursuant to this subsection during the preceding year.
19      (b) COMPTROLLER GENERAL OF THE UNITED STATES
20 STUDY.—
21            (1) IN GENERAL.—The Comptroller General of
22      the United States shall conduct a study on the fol-
23      lowing:
24                   (A) The consequences for a State or local
25            educational agency of a finding of failure to pro-


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1             vide a free appropriate public education to a
2             military dependent.
3                    (B) The manner in which local educational
4             agencies with military families use the following:
5                        (i)   Funds   received   under   section
6                    7003(d) of the Elementary and Secondary
7                    Education Act of 1965 (20 U.S.C. 7703(d)).
8                        (ii) Funds authorized to be appro-
9                    priated by annual national defense author-
10                   ization Acts and made available for impact
11                   aid for child with severe disabilities under
12                   section 363 of the Floyd D. Spence National
13                   Defense Authorization Act for Fiscal Year
14                   2001 (20 U.S.C. 7703a).
15                       (iii) Funds authorized to be appro-
16                   priated by annual national defense author-
17                   ization Acts and made available for assist-
18                   ance to schools with significant number of
19                   military dependent students under sub-
20                   section (a) of section 572 of the National
21                   Defense Authorization Act for Fiscal Year
22                   2006 (20 U.S.C. 7703b).
23                   (C) The efficacy of attorney and other legal
24            support for military families in special edu-
25            cation disputes.


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1                    (D) The standardization of policies and
2             guidance for School Liaison Officers between the
3             Office of Special Needs of the Department of De-
4             fense and the military departments, and the effi-
5             cacy of such policies and guidance.
6                    (E) The improvements of family support
7             programs of the Office of Special Needs, and of
8             each military department, in light of the rec-
9             ommendations of the Comptroller General in the
10            report entitled ‘‘DOD Should Improve Its Over-
11            sight of the Exceptional Family Member Pro-
12            gram’’, GAO–18–348.
13            (2)    RECOMMENDATIONS.—In        conducting   the
14      study, the Comptroller General shall develop rec-
15      ommendations on the following:
16                   (A) Improvements and enhancements to
17            oversight and enforcement of compliance by local
18            educational agencies with requirements for the
19            provision of a free appropriate public education
20            to military dependents with special needs.
21                   (B) Improvements to the policies of the Of-
22            fice of Special Needs, and of each military de-
23            partment, with respect to the standardization
24            and efficacy of policies and programs for mili-
25            tary dependents with special needs.


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1             (3) DEADLINE FOR COMPLETION.—The Comp-
2       troller General shall complete the study by not later
3       than March 31, 2021.
4             (4) BRIEFING AND REPORT.—Upon completion
5       of the study, the Comptroller General shall brief the
6       Committees on Armed Services of the Senate and the
7       House of Representatives on the results of the study,
8       and shall submit to such committees a report on such
9       results.
10      (c) DEFINITIONS.—In this section:
11            (1) The term ‘‘free appropriate public education’’
12      includes appropriate special education and related
13      services required under the Individuals with Disabil-
14      ities Education Act (20 U.S.C. 1400 et seq.)
15            (2) The term ‘‘local educational agency’’ has the
16      meaning given that term in section 8101 of the Ele-
17      mentary and Secondary Education Act of 1965 (20
18      U.S.C. 7801).
19            (3) The term ‘‘special education dispute’’ means
20      a complaint filed regarding the education provided a
21      child with a disability (as defined in section 602 of
22      the Individuals with Disabilities Education Act (20
23      U.S.C. 1401), including a complaint filed in accord-
24      ance with section 615 or 639 of such Act (20 U.S.C.
25      1415, 1439).


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 1   SEC. 565. PILOT PROGRAM ON EXPANDED ELIGIBILITY FOR

 2                    DEPARTMENT OF DEFENSE EDUCATION AC-

 3                    TIVITY VIRTUAL HIGH SCHOOL PROGRAM.

 4       (a) PILOT PROGRAM REQUIRED.—
 5             (1) IN GENERAL.—The Secretary of Defense shall
 6       carry out a pilot program on permitting dependents
 7       of members of the Armed Forces on active duty to en-
 8       roll in the Department of Defense Education Activity
 9       Virtual High School program (in this section referred
10       to as the ‘‘DVHS program’’).
11             (2) PURPOSES.—The purposes of the pilot pro-
12       gram shall be as follows:
13                     (A)   To   evaluate   the   feasibility   and
14             scalability of the DVHS program.
15                     (B) To assess the impact of expanded enroll-
16             ment in the DVHS program under the pilot pro-
17             gram on military and family readiness.
18             (3) DURATION.—The duration of the pilot pro-
19       gram shall be four academic years.
20       (b) PARTICIPANTS.—
21             (1) IN GENERAL.—Participants in the pilot pro-
22       gram shall be selected by the Secretary from among
23       dependents of members of the Armed Forces on active
24       duty who—
25                     (A) are in a grade 9 through 12;


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 1                   (B) are currently ineligible to enroll in the
 2            DVHS program; and
 3                   (C) either—
 4                        (i) require supplementary courses to
 5                   meet graduation requirements in the cur-
 6                   rent State of residence; or
 7                        (ii) otherwise demonstrate to the Sec-
 8                   retary a clear need to participate in the
 9                   DVHS program.
10            (2) PREFERENCE IN SELECTION.—In selecting
11      participants in the pilot program, the Secretary shall
12      afford a preference to the following:
13                   (A) Dependents who reside in a rural area.
14                   (B) Dependents who are home-schooled stu-
15            dents.
16            (3) LIMITATIONS.—The total number of course
17      enrollments per academic year authorized under the
18      pilot program may not exceed 400 course enrollments.
19      No single dependent participating in the pilot pro-
20      gram may take more than two courses per academic
21      year under the pilot program.
22      (c) REPORTS.—
23            (1) INTERIM REPORT.—Not later than two years
24      after the date of the enactment of this Act, the Sec-
25      retary shall submit to the Committees on Armed Serv-


     † HR 6395 EAS
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 1      ices of the Senate and the House of Representatives
 2      an interim report on the pilot program.
 3            (2) FINAL REPORT.—Not later than 180 days
 4      after the completion of the pilot program, the Sec-
 5      retary shall submit to the committees of Congress re-
 6      ferred to in paragraph (1) a final report on the pilot
 7      programs.
 8            (3) ELEMENTS.—Each report under this sub-
 9      section shall include the following:
10                   (A) A description of the demographics of the
11            dependents participating in the pilot program
12            through the date of such report.
13                   (B) Data on, and an assessment of, student
14            performance in virtual coursework by dependents
15            participating in the pilot program over the du-
16            ration of the pilot program.
17                   (C) Such recommendation as the Secretary
18            considers appropriate on whether to make the
19            pilot program permanent.
20      (d) DEFINITIONS.—In this section:
21            (1) The term ‘‘rural area’’ has the meaning
22      given the term in section 520 of the Housing Act of
23      1949 (42 U.S.C. 1490).
24            (2) The term ‘‘home-schooled student’’ means a
25      student in a grade equivalent to grade 9 through 12


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 1       who receives educational instruction at home or by
 2       other non-traditional means outside of a public or
 3       private school system, either all or most of the time.
 4   SEC. 566. PILOT PROGRAM ON EXPANSION OF ELIGIBILITY

 5                    FOR ENROLLMENT AT DOMESTIC DEPEND-

 6                    ENT   ELEMENTARY      AND      SECONDARY

 7                    SCHOOLS.

 8       (a) PILOT PROGRAM REQUIRED.—Beginning not later
 9 than 180 days after the date of the enactment of this Act,
10 the Secretary of Defense shall carry out a pilot program
11 under which a dependent of a full-time, active-duty member
12 of the Armed Forces may enroll in a covered DODEA school
13 at the military installation to which the member is as-
14 signed, on a space-available basis as described in subsection
15 (c), without regard to whether the member resides on the
16 installation as described in 2164(a)(1) of title 10, United
17 States Code.
18       (b) PURPOSES.—The purposes of the pilot program
19 under this section are—
20             (1) to evaluate the feasibility and advisability of
21       expanding enrollment in covered DODEA schools;
22       and
23             (2) to determine how increased access to such
24       schools will affect military and family readiness.




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 1       (c) ENROLLMENT ON SPACE-AVAILABLE BASIS.—A
 2 student participating in the pilot program under this sec-
 3 tion may be enrolled in a covered DODEA school only if
 4 the school has the capacity to accept the student, as deter-
 5 mined by the Director of the Department of Defense Edu-
 6 cation Activity.
 7       (d) LOCATIONS.—The Secretary of Defense shall carry
 8 out the pilot program under this section at not more than
 9 four military installations at which covered DODEA
10 schools are located. The Secretary shall select military in-
11 stallations for participation in the pilot program based
12 on—
13             (1) the readiness needs of the Secretary of a the
14       military department concerned; and
15             (2) the capacity of the DODEA schools located at
16       the installation to accept additional students, as de-
17       termined by the Director of the Department of Defense
18       Education Activity.
19       (e) TERMINATION.—The authority to carry out the
20 pilot program under this section shall terminate four years
21 after the date of the enactment of this Act.
22       (f) COVERED DODEA SCHOOL DEFINED.—In this sec-
23 tion, the term ‘‘covered DODEA school’’ means a domestic
24 dependent elementary or secondary school operated by the
25 Department of Defense Education Activity that—


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 1             (1) has been established on or before the date of
 2       the enactment of this Act; and
 3             (2) is located in the continental United States.
 4   SEC. 567. COMPTROLLER GENERAL OF THE UNITED STATES

 5                    REPORT ON THE STRUCTURAL CONDITION OF

 6                    DEPARTMENT OF DEFENSE EDUCATION AC-

 7                    TIVITY SCHOOLS.

 8       (a) REPORT REQUIRED.—Not later than one year
 9 after the date of the enactment of this Act, the Comptroller
10 General of the United States shall submit to the congres-
11 sional defense committees a report setting forth an assess-
12 ment by the Comptroller General of the structural condition
13 of schools of the Department of Defense Education Activity,
14 both within the continental United States (CONUS) and
15 outside the continental United States (OCONUS).
16       (b) VIRTUAL SCHOOLS.—The report shall include an
17 assessment of the virtual infrastructure or other means by
18 which students attend Department of Defense Education
19 Activity schools that have no physical structure, including
20 the satisfaction of the military families concerned with such
21 infrastructure or other means.




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 1 PART II—MILITARY FAMILY READINESS MATTERS
 2   SEC. 571. RESPONSIBILITY FOR ALLOCATION OF CERTAIN

 3                    FUNDS FOR MILITARY CHILD DEVELOPMENT

 4                    PROGRAMS.

 5       Section 1791 of title 10, United States Code, is amend-
 6 ed—
 7             (1) by inserting ‘‘(a) POLICY.—’’ before ‘‘It is the
 8       policy’’; and
 9             (2) by adding at the end the following new sub-
10       section:
11       ‘‘(b) RESPONSIBILITY FOR ALLOCATIONS OF CERTAIN
12 FUNDS.—The Secretary of Defense shall be responsible for
13 the allocation of Office of the Secretary of Defense level
14 funds for military child development programs for children
15 from birth through 12 years of age, and may not delegate
16 such responsibility to the military departments.’’.
17   SEC. 572. IMPROVEMENTS TO EXCEPTIONAL FAMILY MEM-

18                    BER PROGRAM.

19       Section 1781c of title 10, United States Code is amend-
20 ed—
21             (1) in subsection (b), by striking ‘‘enhance’’ and
22       inserting ‘‘standardize, enhance,’’;
23             (2) in subsection (c)(1), by inserting ‘‘and stand-
24       ard’’ after ‘‘comprehensive’’;
25             (3) in subsection (d)—


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1                    (A) in paragraph (1), by striking ‘‘update
2             from time to time’’ and inserting ‘‘regularly up-
3             date’’;
4                    (B) in paragraph (3), by adding at the end
5             the following new subparagraphs:
6                    ‘‘(C) Ability to request a second review of
7             the approved assignment within or outside the
8             continental United States if the member believes
9             the location is inappropriate for the member’s
10            family and would cause undue hardship.
11                   ‘‘(D) Protection from having a medical rec-
12            ommendation       for   an   approved    assignment
13            overriden by the commanding officer.
14                   ‘‘(E) Ability to request continuation of loca-
15            tion when there is a documented substantial risk
16            of transferring medical care or educational serv-
17            ices to a new provider or school at the specific
18            time of permanent change of station.
19                   ‘‘(F) If an order for assignment is declined
20            for a military family with special needs, the
21            member will receive a reason for the decline of
22            that order.’’; and
23                   (C) in paragraph (4), by adding at the end
24            the following new subparagraphs:




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 1                    ‘‘(H) Procedures to right-size the Depart-
 2             ment’s Exceptional Family Member Program to
 3             ensure efficient and effective enrollment, for suf-
 4             ficient staffing dedicated to providing family
 5             support services, to include comprehensive train-
 6             ing, education and outreach services, and suffi-
 7             cient oversight and administrative support for
 8             effective program operation.
 9                    ‘‘(I) Requirements to prohibit disenrollment
10             from the Exceptional Family Member Program
11             unless there is new supporting medical or edu-
12             cational information that indicates the original
13             condition is no longer present, and to track
14             disenrollment data per military service.’’;
15             (4) by redesignating subsections (f), (g), and (h)
16       as subsections (g), (h), and (i), respectively; and
17             (5) by inserting after subsection (e) the following
18       new subsection:
19       ‘‘(f) METRICS.—The Secretary of Defense shall imple-
20 ment performance metrics for measuring, across the Depart-
21 ment and with respect to each military department, the fol-
22 lowing:
23             ‘‘(1) Assignment coordination and support for
24       military families with special needs, including a sys-
25       tematic process for evaluating each military depart-


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 1       ment’s program for the support of military families
 2       with special needs.
 3             ‘‘(2) The reassignment of military families with
 4       special needs, including how often members request
 5       reassignments, for what reasons, and from what mili-
 6       tary installations.
 7             ‘‘(3) The level of satisfaction of military families
 8       with special needs with the family and medical sup-
 9       port they are provided.’’.
10   SEC. 573. PROCEDURES OF THE OFFICE OF SPECIAL NEEDS

11                    FOR THE DEVELOPMENT OF INDIVIDUALIZED

12                    SERVICES PLANS FOR MILITARY FAMILIES

13                    WITH SPECIAL NEEDS.

14       Section 1781c(d)(4) of title 10, United States Code, as
15 amended by section 572(3)(C) of this Act, is further amend-
16 ed—
17             (1) in subparagraph (F), by striking ‘‘of an in-
18       dividualized services plan (medical and educational)’’
19       and inserting ‘‘by an appropriate office of an indi-
20       vidualized services plan (whether medical, edu-
21       cational, or both)’’;
22             (2) by redesignating subparagraphs (G), (H),
23       and (I) as subparagraph (H), (I), and (J), respec-
24       tively; and




      † HR 6395 EAS
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 1             (3) by inserting after subparagraph (F) the fol-
 2       lowing new paragraph (G):
 3             ‘‘(G) Procedures for the development of an indi-
 4       vidualized services plan for military family members
 5       with special needs who have requested family support
 6       services and have a completed family needs assess-
 7       ment.’’.
 8   SEC. 574. RESTATEMENT AND CLARIFICATION OF AUTHOR-

 9                    ITY TO REIMBURSE MEMBERS FOR SPOUSE

10                    RELICENSING COSTS PURSUANT TO A PERMA-

11                    NENT CHANGE OF STATION.

12       (a) IN GENERAL.—Section 453 of title 37, United
13 States Code, is amended by adding at the end the following
14 new subsection:
15       ‘‘(g) REIMBURSEMENT OF QUALIFYING SPOUSE RELI-
16   CENSING   COSTS INCIDENT TO A MEMBER’S PERMANENT
17 CHANGE OF STATION OR ASSIGNMENT.—(1) From amounts
18 otherwise made available for a fiscal year to provide travel
19 and transportation allowances under this chapter, the Sec-
20 retary concerned may reimburse a member of the armed
21 forces for qualified relicensing costs of the spouse of the
22 member when—
23             ‘‘(A) the member is reassigned, either as a per-
24       manent change of station or permanent change of as-
25       signment, between duty stations located in separate


      † HR 6395 EAS
                              348
 1       jurisdictions with unique licensing or certification re-
 2       quirements and authorities; and
 3             ‘‘(B) the movement of the member’s dependents is
 4       authorized at the expense of the United States under
 5       this section as part of the reassignment.
 6       ‘‘(2) Reimbursement provided to a member under this
 7 subsection may not exceed $1000 in connection with each
 8 reassignment described in paragraph (1).
 9       ‘‘(3) No reimbursement may be provided under this
10 subsection for qualified relicensing costs paid or incurred
11 after December 31, 2024.
12       ‘‘(4) In this subsection, the term ‘qualified relicensing
13 costs’ means costs, including exam, continuing education
14 courses, and registration fees, incurred by the spouse of a
15 member if—
16             ‘‘(A) the spouse was licensed or certified in a
17       profession during the member’s previous duty assign-
18       ment and requires a new license or certification to en-
19       gage in that profession in a new jurisdiction because
20       of movement described in paragraph (1)(B) in con-
21       nection with the member’s change in duty location
22       pursuant to reassignment described in paragraph
23       (1)(A); and




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 1             ‘‘(B) the costs were incurred or paid to secure or
 2       maintain the license or certification from the new ju-
 3       risdiction in connection with such reassignment.’’.
 4       (b) REPEAL OF SUPERSEDED AUTHORITY.—Section
 5 476 of such title is amended by striking subsection (p).
 6   SEC. 575. IMPROVEMENTS TO DEPARTMENT OF DEFENSE

 7                    TRACKING OF AND RESPONSE TO INCIDENTS

 8                    OF CHILD ABUSE INVOLVING MILITARY DE-

 9                    PENDENTS ON MILITARY INSTALLATIONS.

10       (a) IMPROVEMENTS REQUIRED.—
11             (1) IN     GENERAL.—The     Secretary of Defense
12       shall, consistent with recommendations of the Comp-
13       troller General of the United States in Government
14       Accountability Office report GA0–20–110, take ac-
15       tions in accordance with this section in order to im-
16       prove the efforts of the Department of Defense to track
17       and respond to incidents of child abuse involving de-
18       pendents of members of the Armed Forces that occur
19       on military installations (in this section referred to
20       as ‘‘covered incidents of child abuse’’).
21             (2) CHILD ABUSE.—For purposes of this section,
22       child abuse includes any abuse of a child, including
23       sexual abuse, emotional abuse, and neglect.
24       (b) DATA COLLECTION AND TRACKING OF INCIDENTS
25   OF CHILD ABUSE.—



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 1            (1) TRACKING OF NON-CAREGIVER ABUSE.—The
 2      Secretary of Defense shall establish a process for the
 3      Department of Defense Family Advocacy Program to
 4      track reported covered incidents of child abuse in
 5      which the alleged offender is not a parent, guardian,
 6      or someone in a caregiving role at the time of the in-
 7      cident. The information so tracked shall comport with
 8      the information tracked by the Department of Defense
 9      in reported covered incidents of child abuse in which
10      the alleged offender is a parent, guardian, or someone
11      in a caregiving role at the time of the incident.
12            (2) CENTRALIZED DATABASE FOR TRACKING OF
13      INCIDENTS.—

14                   (A) IN GENERAL.—The Secretary shall de-
15            velop and maintain in the Department of De-
16            fense a centralized database to track information
17            across the Department on all covered incidents of
18            child abuse that are reported to the Family Ad-
19            vocacy Program or investigated by a military
20            criminal investigation organization, regardless of
21            whether the alleged offender was another child,
22            an adult, or someone in a non-caregiving role at
23            the time of an incident.




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 1                   (B) ELEMENTS.—The centralized database
 2            required by this paragraph shall include, for
 3            each incident within the database, the following:
 4                        (i) Information pertinent to a deter-
 5                   mination by the Family Advocacy Program
 6                   whether such incident meets the criteria of
 7                   the Department for treatment as an inci-
 8                   dent of child abuse.
 9                        (ii) The results of any investigation of
10                   such incident by a military criminal inves-
11                   tigation organization.
12                        (iii) Information on the ultimate dis-
13                   position of the incident, if any, including
14                   any administrative or prosecutorial action
15                   taken.
16                   (C) ANNUAL REPORTS ON INFORMATION.—
17            The information collected and maintained in the
18            centralized database shall be reported on an an-
19            nual basis as part of the annual reports from the
20            Family Advocacy Program on child abuse and
21            domestic abuse in the military as required by
22            section 574 of the National Defense Authoriza-
23            tion Act for Fiscal Year 2017 (Public Law 114–
24            328; 130 Stat. 2141).




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1                    (D) BRIEFINGS.—Not later than March 31,
2             2021, and every six months thereafter until the
3             centralized database required by this paragraph
4             is fully operational, the Secretary shall brief the
5             Committees on Armed Services of the Senate and
6             the House of Representatives on the status of the
7             database.
 8            (3) DEPARTMENT OF DEFENSE EDUCATION AC-
 9      TIVITY GUIDANCE.—The Department of Defense Edu-

10      cation Activity (DoDEA) shall issue clarifications of
11      its guidance on the incidents of child-on-child abuse
12      that qualify as serious incidents for purposes of re-
13      quirements for the reporting of such serious incidents
14      by school administrators to Activity leadership.
15      (c) RESPONSE PROCEDURES.—
16            (1) INCIDENT DETERMINATION COMMITTEE MEM-
17      BERSHIP.—The Department of Defense Family Advo-

18      cacy Program shall ensure that the voting member-
19      ship of each Incident Determination Committee on a
20      military installation includes medical personnel with
21      the requisite knowledge and expertise to determine
22      whether a reported covered incident of abuse meets the
23      criteria of the Department of Defense for treatment as
24      child abuse.




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 1            (2) SCREENING REPORTED INCIDENTS OF CHILD
 2      ABUSE.—

 3                   (A)   DEVELOPMENT    OF   STANDARDIZED

 4            PROCESS.—The     Department of Defense Family
 5            Advocacy Program shall develop a standardized
 6            process by which the Family Advocacy Programs
 7            of the military departments screen reported cov-
 8            ered incidents of child abuse to determine wheth-
 9            er to present such incident to an Incident Deter-
10            mination Committee.
11                   (B) MONITORING.—The Secretary of each
12            military department shall develop a process to
13            monitor the manner in which reported covered
14            incidents of child abuse are screened by each in-
15            stallation under the jurisdiction of such Sec-
16            retary in order to ensure that such screening
17            complies with the standardized screening process
18            developed pursuant to subparagraph (A).
19            (3) REQUIRED NOTIFICATIONS.—
20                   (A) DOCUMENTATION.—The Secretary of
21            each military department shall require that in-
22            stallation Family Advocacy Programs and mili-
23            tary criminal investigation organizations under
24            the jurisdiction of such Secretary document in
25            their respective databases the date on which they


     † HR 6395 EAS
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 1            notified the other of a reported covered incident
 2            of child abuse.
 3                   (B) OVERSIGHT.—The Secretary of each
 4            military department shall require that the Fam-
 5            ily Advocacy Program of such military depart-
 6            ment, and the headquarters of the military
 7            criminal investigation organizations of such
 8            military department, to develop processes to
 9            oversee the documentation of notifications re-
10            quired by subparagraph (A) in order to ensure
11            that such notifications occur on a consistent
12            basis at installation level.
13            (4) CERTIFIED PEDIATRIC SEXUAL ASSAULT FO-
14      RENSIC EXAMINERS.—

15                   (A) GEOGRAPHIC          REGIONS   FOR   EXAM-

16            INERS.—The Under Secretary of Defense for Per-

17            sonnel and Readiness shall specify geographic re-
18            gions in which military families reside for pur-
19            poses of the availability of and access to certified
20            pediatric sexual assault examiners in such re-
21            gions.
22                   (B) AVAILABILITY.—The Under Secretary
23            shall ensure that—
24                       (i) one or more certified pediatric sex-
25                   ual assault examiners are located in each


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 1                   geographic region specified pursuant to sub-
 2                   paragraph (A); and
 3                       (ii) examiners so located serve as cer-
 4                   tified pediatric sexual assault examiners
 5                   throughout such region, without regard to
 6                   Armed Force or installation.
 7            (5) REMOVAL       OF     CHILDREN     FROM   UNSAFE

 8      HOMES OVERSEAS.—The            Secretary of Defense shall,
 9      in consultation with the Secretaries of the military
10      departments, issue policy that clarifies and standard-
11      izes across the Armed Forces the circumstances under
12      which a commander may remove a child from a po-
13      tentially unsafe home at an installation overseas.
14            (6) RESOURCE GUIDE FOR FAMILIES AFFECTED
15      BY CHILD ABUSE.—

16                   (A) IN GENERAL.—The Secretary of each
17            military department shall develop and maintain
18            a comprehensive guide on resources available
19            through the Department of Defense and such
20            military department for military families under
21            this jurisdiction of such Secretary who are af-
22            fected by child abuse.
23                   (B) ELEMENTS.—Each guide under this
24            paragraph shall include the following:




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 1                          (i) Information on the response proc-
 2                    esses of the Family Advocacy Programs and
 3                    military criminal investigation organiza-
 4                    tions of the military department concerned.
 5                          (ii) Lists of available support services,
 6                    such as legal, medical, and victim advocacy
 7                    services, through the Department of Defense
 8                    and the military department concerned.
 9                    (C)    DISTRIBUTION.—A        resource   guide
10             under this paragraph shall be presented to a
11             military family by an installation Family Advo-
12             cacy Program and military criminal investiga-
13             tion personnel at the time a covered incident of
14             child abuse involving a child in such family is
15             reported.
16                    (D) AVAILABILITY ON INTERNET.—A cur-
17             rent version of each resource guide under this
18             paragraph shall be available to the public on an
19             Internet website of the military department con-
20             cerned available to the public.
21       (d) COORDINATION AND COLLABORATION WITH NON-
22   MILITARY RESOURCES.—

23             (1) COORDINATION         WITH    STATES.—The     Sec-
24       retary of Defense shall—




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 1                   (A) continue the outreach efforts of the De-
 2            partment of Defense to the States in order to en-
 3            sure that States are notified when a member of
 4            the Armed Forces or a military dependent is in-
 5            volved in a reported incident of child abuse off
 6            a military installation; and
 7                   (B) increase efforts at information sharing
 8            between the Department and the States on such
 9            incidents of child abuse, including entry into
10            memoranda of understanding with State child
11            welfare agencies on information sharing in con-
12            nection with such incidents.
13            (2) COLLABORATION          WITH    NATIONAL    CHIL-

14      DREN’S ALLIANCE.—

15                   (A) MEMORANDA OF UNDERSTANDING.—The
16            Secretary of each military department shall seek
17            to enter into a memorandum of understanding
18            with the National Children’s Alliance under
19            which—
20                         (i) the children’s advocacy center serv-
21                   ices of the Alliance are available to all in-
22                   stallations in the continental United States
23                   under the jurisdiction of such Secretary;
24                   and




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 1                        (ii) members of the Armed Forces
 2                   under the jurisdiction of such Secretary are
 3                   made aware of the nature and availability
 4                   of such services.
 5                   (B) PARTICIPATION      OF     CERTAIN   ENTI-

6             TIES.—Each       memorandum of understanding
7             under this paragraph shall provide for the ap-
8             propriate participation of the Family Advocacy
9             Program and military criminal investigation or-
10            ganizations of the military department con-
11            cerned in activities under such memorandum of
12            understanding.
13                   (C) BRIEFING.—Not later than one year
14            after the date of the enactment of this Act, the
15            Secretary of each military department shall pro-
16            vide to the Committees on Armed Services of the
17            Senate and the House of Representatives a brief-
18            ing on the status of the development of a memo-
19            randum of understanding with the National
20            Children’s Alliance under this paragraph, to-
21            gether with information on which installations,
22            if any, under the jurisdiction of such Secretary
23            have entered into a written agreement with a
24            local children’s advocacy center with respect to
25            child abuse on such installations.


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 1   SEC. 576. MILITARY CHILD CARE AND CHILD DEVELOPMENT

 2                    CENTER MATTERS.

 3       (a) CENTER FEES MATTERS.—Section 1793 of title
 4 10, United States Code, is amended by adding at the end
 5 the following new subsections:
 6       ‘‘(c) LIBERAL ISSUANCE OF HARDSHIP WAIVERS.—
 7 The regulations prescribed pursuant to subsection (a) shall
 8 require that installation commanders issue waivers of fees
 9 otherwise established under the regulations for inability to
10 pay (commonly referred to as ‘hardship waivers’) on a lib-
11 eral basis in a manner consistent (as specified by the Sec-
12 retary in such regulations) with ensuring that fees collected
13 pursuant to subsection (a) meet the operating expenses of
14 the child development centers concerned.
15       ‘‘(d) FAMILY DISCOUNT.—In the case of a family with
16 two or more children attending a child development center,
17 the regulations prescribed pursuant to subsection (a) shall
18 require that installations commanders charge a fee for at-
19 tendance at the center of any child of the family after the
20 first child of the family in amount equal to 85 percent of
21 the amount of the fee otherwise chargeable for the attendance
22 of such child at the center.’’.
23       (b)   CHILD      CARE    FEE   ASSISTANCE   PROGRAMS
24 THROUGHOUT THE ARMED FORCES.—
25             (1) PROGRAMS AUTHORIZED.—Each Secretary of
26       a military department may carry out a program for
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 1      each Armed Force under the jurisdiction of such Sec-
 2      retary under which a member of the Armed Forces
 3      who is obtaining child care services from a civilian
 4      child care services provider located off a military in-
 5      stallation is paid (subject to any limitation estab-
 6      lished by such Secretary) a monthly amount equal to
 7      the amount, if any, by which—
 8                   (A) the monthly amount charged by such
 9            provider for such services; exceeds
10                   (B) the monthly amount the military de-
11            partment concerned pays or otherwise provides
12            members at such installation for child care serv-
13            ices on such installation.
14            (2) MODEL.—Any program carried out pursuant
15      to paragraph (1) shall be modeled after the Army Fee
16      Assistance Program, and incorporate such modifica-
17      tions to that Program as the Secretary of the military
18      department concerned considers appropriate.
19            (3) SECRETARY OF DEFENSE APPROVAL.—Any
20      program of an Armed Force under paragraph (1)
21      shall be subject to the approval of the Secretary of De-
22      fense.
23      (c) ADDITIONAL ACTIONS TO OBTAIN QUALIFIED
24 CHILD CARE EMPLOYEES.—




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 1             (1) IN     GENERAL.—Section       1792 of title 10,
 2       United States Code, is amended—
 3                    (A) by redesignating subsection (d) as sub-
 4             section (e); and
 5                    (B) by inserting after subsection (c) the fol-
 6             lowing new subsection (d):
 7       ‘‘(d) ADDITIONAL ACTIONS TO OBTAIN QUALIFIED
 8 EMPLOYEES.—Each Secretary of a military department
 9 may, with the approval of the Secretary of Defense, take
10 actions in addition to actions authorized by subsection (c)
11 to provide military child development centers under the ju-
12 risdiction of such Secretary with a qualified and stable ci-
13 vilian workforce, including actions as follows:
14             ‘‘(1) Enhanced marketing and recruitment for
15       employment.
16             ‘‘(2) Provision to employees of education-related
17       benefits, including tuition assistance and student loan
18       repayment programs.
19             ‘‘(3) Availability and enhancement of wellness
20       and physical fitness programs for employees.
21             ‘‘(4) Provision of such other competitive benefits
22       as the Secretary of the military department and the
23       Secretary of Defense jointly consider appropriate.’’.
24             (2) REPORTS ON INSTALLATIONS WITH EXTREME
25       IMBALANCE       BETWEEN        DEMAND   FOR   AND   AVAIL-



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 1      ABILITY OF CHILD CARE.—Not          later than one year
 2      after the date of the enactment of this Act, each Sec-
 3      retary of a military department shall submit to Con-
 4      gress a report on the military installations under the
 5      jurisdiction of such Secretary with an extreme imbal-
 6      ance between demand for child care and availability
 7      of child care. Each report shall include, for the mili-
 8      tary department covered by such report, the following:
 9                   (A) The name of the five installations of the
10            military department experiencing the most ex-
11            treme imbalance between demand for child care
12            and availability of child care.
13                   (B) For each installation named pursuant
14            to subparagraph (A), the following:
15                        (i) An assessment whether civilian em-
16                   ployees at child development centers at such
17                   installation have rates of pay and benefits
18                   that are competitive with other civilian em-
19                   ployees on such installation and with the ci-
20                   vilian labor pool in the vicinity of such in-
21                   stallation.
22                        (ii) A description and assessment of
23                   various incentives to encourage military
24                   spouses to become providers under the Fam-




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 1                     ily Child Care program at such installa-
 2                     tion.
 3                             (iii) Such recommendations at the Sec-
 4                     retary of the military department concerned
 5                     considers appropriate to address the imbal-
 6                     ance between demand for child care and
 7                     availability of child care at such installa-
 8                     tion, including recommendations to enhance
 9                     the competitiveness of civilian child care po-
10                     sitions at such installation with other civil-
11                     ian positions at such installation and the
12                     civilian labor pool in the vicinity of such
13                     installation.
14   SEC. 577. EXPANSION OF FINANCIAL ASSISTANCE UNDER

15                    MY CAREER ADVANCEMENT ACCOUNT PRO-

16                    GRAM.

17       Section 580F of the National Defense Authorization
18 Act for Fiscal Year 2020 (Public Law 116–92) is amend-
19 ed—
20             (1) by inserting ‘‘(a) PROFESSIONAL LICENSE
21       OR CERTIFICATION; ASSOCIATE’S DEGREE.—’’ before

22       ‘‘The Secretary’’;
23             (2) by inserting ‘‘or maintenance (including con-
24       tinuing education courses)’’ after ‘‘pursuit’’; and




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 1             (3) by adding at the end the following new sub-
 2       section:
 3       ‘‘(b) NATIONAL TESTING.—Financial assistance under
 4 subsection (a) may be applied to the costs of national tests
 5 that may earn a participating military spouse course cred-
 6 its required for a degree approved under the program (in-
 7 cluding the College Level Examination Program tests).’’.
 8           Subtitle H—Other Matters
 9   SEC. 586. REMOVAL OF PERSONALLY IDENTIFYING AND

10                    OTHER INFORMATION OF CERTAIN PERSONS

11                    FROM   INVESTIGATIVE   REPORTS,   THE   DE-

12                    PARTMENT OF DEFENSE CENTRAL INDEX OF

13                    INVESTIGATIONS, AND OTHER RECORDS AND

14                    DATABASES.

15       (a) POLICY AND PROCESS REQUIRED.—Not later than
16 October 1, 2021, the Secretary of Defense shall establish and
17 maintain a policy and process through which any covered
18 person may request that the person’s name, personally iden-
19 tifying information, and other information pertaining to
20 the person shall, in accordance with subsection (c), be cor-
21 rected in, or expunged or otherwise removed from, the fol-
22 lowing:
23             (1) A law enforcement or criminal investigative
24       report of the Department of Defense or any compo-
25       nent of the Department.


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 1             (2) An index item or entry in the Department
 2       of Defense Central Index of Investigations (DCII).
 3             (3) Any other record maintained in connection
 4       with a report described in paragraph (1), or an index
 5       item or entry described in paragraph (2), in any sys-
 6       tem of records, records database, records center, or re-
 7       pository maintained by or on behalf of the Depart-
 8       ment.
 9       (b) COVERED PERSONS.—For purposes of this section,
10 a covered person is any person whose name was placed or
11 reported, or is maintained—
12             (1) in the subject or title block of a law enforce-
13       ment or criminal investigative report of the Depart-
14       ment of Defense (or any component of the Depart-
15       ment);
16             (2) as an item or entry in the Department of De-
17       fense Central Index of Investigations; or
18             (3) in any other record maintained in connec-
19       tion with a report described in paragraph (1), or an
20       index item or entry described in paragraph (2), in
21       any system of records, records database, records cen-
22       ter, or repository maintained by or on behalf of the
23       Department.
24       (c) ELEMENTS.—The policy and process required by
25 subsection (a) shall include the following elements:


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1             (1)       BASIS         FOR   CORRECTION         OR

 2      EXPUNGEMENT.—That          the name, personally identi-
 3      fying information, and other information of a covered
 4      person shall be corrected in, or expunged or otherwise
 5      removed from, a report, item or entry, or record de-
 6      scribed in paragraphs (1) through (3) of subsection
 7      (a) in the following circumstances:
 8                   (A) Probable cause did not or does not exist
 9            to believe that the offense for which the person’s
10            name was placed or reported, or is maintained,
11            in such report, item or entry, or record occurred,
12            or insufficient evidence existed or exists to deter-
13            mine whether or not such offense occurred.
14                   (B) Probable cause did not or does not exist
15            to believe that the person actually committed the
16            offense for which the person’s name was so
17            placed or reported, or is so maintained, or insuf-
18            ficient evidence existed or exists to determine
19            whether or not the person actually committed
20            such offense.
21                   (C) Such other circumstances, or on such
22            other bases, as the Secretary may specify in es-
23            tablishing the policy and process, which cir-
24            cumstances and bases may not be inconsistent




     † HR 6395 EAS
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1             with the circumstances and bases provided by
2             subparagraphs (A) and (B).
 3            (2) CONSIDERATIONS.—While not dispositive as
 4      to the existence of a circumstance or basis set forth in
 5      paragraph (1), the following shall be considered in the
 6      determination whether such circumstance or basis ap-
 7      plies to a covered person for purposes of this section:
 8                   (A) The extent or lack of corroborating evi-
 9            dence against the covered person concerned with
10            respect to the offense at issue.
11                   (B) Whether adverse administrative, dis-
12            ciplinary, judicial, or other such action was ini-
13            tiated against the covered person for the offense
14            at issue.
15                   (C) The type, nature, and outcome of any
16            action described in subparagraph (B) against the
17            covered person.
18            (3) PROCEDURES.—The policy and process re-
19      quired by subsection (a) shall include procedures as
20      follows:
21                   (A) Procedures under which a covered per-
22            son may appeal a determination of the applica-
23            ble component of the Department of Defense de-
24            nying, whether in whole or in part, a request for
25            purposes of subsection (a).


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1                    (B) Procedures under which the applicable
2             component of the Department will correct, ex-
3             punge or remove, take other appropriate action
4             on, or assist a covered person in so doing, any
5             record maintained by a person, organization, or
6             entity outside of the Department to which such
7             component provided, submitted, or transmitted
8             information about the covered person, which in-
9             formation has or will be corrected in, or ex-
10            punged or removed from, Department records
11            pursuant to this section.
12                   (C) The timeline pursuant to which the De-
13            partment, or a component of the Department, as
14            applicable, will respond to each of the following:
15                          (i) A request pursuant to subsection
16                   (a).
17                          (ii) An appeal under the procedures re-
18                   quired by subparagraph (A).
19                          (iii) A request for assistance under the
20                   procedures required by subparagraph (B).
21                   (D) Mechanisms through which the Depart-
22            ment will keep a covered person apprised of the
23            progress of the Department on a covered person’s
24            request or appeal as described in subparagraph
25            (C).


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 1       (d) APPLICABILITY.—The policy and process required
 2 to be developed by the Secretary under subsection (a) shall
 3 not be subject to the notice and comment rulemaking re-
 4 quirements under section 553 of title 5, United States Code.
 5       (e) REPORT.—Not later than October 1, 2021, the Sec-
 6 retary shall submit to the Committees on Armed Services
 7 of the Senate and the House of Representatives a report on
 8 the actions taken to carry out this section, including a com-
 9 prehensive description of the policy and process developed
10 and implemented by the Secretary under subsection (a).
11   SEC. 587. NATIONAL EMERGENCY EXCEPTION FOR TIMING

12                    REQUIREMENTS WITH RESPECT TO CERTAIN

13                    SURVEYS   OF   MEMBERS   OF   THE   ARMED

14                    FORCES.

15       (a) MEMBERS OF REGULAR AND RESERVE COMPO-
16   NENTS.—Subsection (d) of section 481 of title 10, United

17 States Code, is amended to read as follows:
18       ‘‘(d) WHEN SURVEYS REQUIRED.—(1) The Armed
19 Forces Workplace and Gender Relations Surveys of the Ac-
20 tive Duty and the Armed Forces Workplace and Gender Re-
21 lations Survey of the Reserve Components shall each be con-
22 ducted once every two years. The surveys may be conducted
23 within the same year or in two separate years, and shall
24 be conducted in a manner designed to reduce the burden
25 of the surveys on members of the armed forces.


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 1       ‘‘(2) The two Armed Forces Workplace and Equal Op-
 2 portunity Surveys shall be conducted at least once every
 3 four years. The surveys may be conducted within the same
 4 year or in two separate years, and shall be conducted in
 5 a manner designed to reduce the burden of the surveys on
 6 members of the armed forces.
 7       ‘‘(3)(A) The Secretary of Defense may postpone the
 8 conduct of a survey under this section if the Secretary deter-
 9 mines that conducting such survey is not practicable due
10 to a war or national emergency declared by the President
11 or Congress.
12       ‘‘(B) The Secretary shall ensure that a survey post-
13 poned under subparagraph (A) is conducted as soon as
14 practicable after the end of the period of war or national
15 emergency concerned, or earlier if the Secretary determines
16 appropriate.
17       ‘‘(C) The Secretary shall notify Congress of a deter-
18 mination under subparagraph (A) not later than 30 days
19 after the date on which the Secretary makes such determina-
20 tion.’’.
21       (b) CADETS AND MIDSHIPMEN.—
22             (1) UNITED STATES MILITARY ACADEMY.—Sec-
23       tion 7461(c) of title 10, United States Code, is
24       amended by adding at the end the following new
25       paragraph:


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 1       ‘‘(3)(A) The Secretary of Defense may postpone the
 2 conduct of an assessment under this subsection if the Sec-
 3 retary determines that conducting such assessment is not
 4 practicable due to a war or national emergency declared
 5 by the President or Congress.
 6       ‘‘(B) The Secretary of Defense shall ensure that an as-
 7 sessment postponed under subparagraph (A) is conducted
 8 as soon as practicable after the end of the period of war
 9 or national emergency concerned, or earlier if the Secretary
10 determines appropriate.
11       ‘‘(C) The Secretary of Defense shall notify Congress of
12 a determination under subparagraph (A) not later than 30
13 days after the date on which the Secretary makes such deter-
14 mination.’’.
15             (2) UNITED STATES NAVAL ACADEMY.—Section
16       8480(c) of such title is amended by adding at the end
17       the following new paragraph:
18       ‘‘(3)(A) The Secretary of Defense may postpone the
19 conduct of an assessment under this subsection if the Sec-
20 retary determines that conducting such assessment is not
21 practicable due to a war or national emergency declared
22 by the President or Congress.
23       ‘‘(B) The Secretary of Defense shall ensure that an as-
24 sessment postponed under subparagraph (A) is conducted
25 as soon as practicable after the end of the period of war


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 1 or national emergency concerned, or earlier if the Secretary
 2 determines appropriate.
 3       ‘‘(C) The Secretary of Defense shall notify Congress of
 4 a determination under subparagraph (A) not later than 30
 5 days after the date on which the Secretary makes such deter-
 6 mination.’’.
 7             (3) UNITED STATES AIR FORCE ACADEMY.—Sec-
 8       tion 9461(c) of such title is amended by adding at the
 9       end the following new paragraph:
10       ‘‘(3)(A) The Secretary of Defense may postpone the
11 conduct of an assessment under this subsection if the Sec-
12 retary determines that conducting such assessment is not
13 practicable due to a war or national emergency declared
14 by the President or Congress.
15       ‘‘(B) The Secretary of Defense shall ensure that an as-
16 sessment postponed under subparagraph (A) is conducted
17 as soon as practicable after the end of the period of war
18 or national emergency concerned, or earlier if the Secretary
19 determines appropriate.
20       ‘‘(C) The Secretary of Defense shall notify Congress of
21 a determination under subparagraph (A) not later than 30
22 days after the date on which the Secretary makes such deter-
23 mination.’’.




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 1       (c) DEPARTMENT OF DEFENSE CIVILIAN EMPLOY-
 2   EES.—Section      481a of title 10, United States Code, is
 3 amended by adding at the end the following new subsection:
 4       ‘‘(d) POSTPONEMENT.—(1) The Secretary of Defense
 5 may postpone the conduct of a survey under this section
 6 if the Secretary determines that conducting such survey is
 7 not practicable due to a war or national emergency declared
 8 by the President or Congress.
 9       ‘‘(2) The Secretary shall ensure that a survey post-
10 poned under paragraph (1) is conducted as soon as prac-
11 ticable after the end of the period of war or national emer-
12 gency concerned, or earlier if the Secretary determines ap-
13 propriate.
14       ‘‘(3) The Secretary shall notify Congress of a deter-
15 mination under paragraph (1) not later than 30 days after
16 the date on which the Secretary makes such determina-
17 tion.’’.
18   SEC. 588. SUNSET AND TRANSFER OF FUNCTIONS OF THE

19                    PHYSICAL DISABILITY BOARD OF REVIEW.

20       Section 1554a of title 10, United States Code, is
21 amended by adding at the end the following new subsection:
22       ‘‘(g) SUNSET.—(1) On or after October 1, 2020, the
23 Secretary of Defense may sunset the Physical Disability
24 Board of Review under this section.




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 1       ‘‘(2) If the Secretary sunsets the Physical Disability
 2 Board of Review under paragraph (1), the Secretary shall
 3 transfer any remaining requests for review pending at that
 4 time, and shall assign any new requests for review under
 5 this section, to a board for the correction of military records
 6 operated by the Secretary concerned under section 1552 of
 7 this title..
 8       ‘‘(3) Subsection (c)(4) shall not apply with respect to
 9 any review conducted by a board for the correction of mili-
10 tary records under paragraph (2).’’.
11   SEC. 589. EXTENSION OF REPORTING DEADLINE FOR THE

12                    ANNUAL REPORT ON THE ASSESSMENT OF

13                    THE EFFECTIVENESS OF ACTIVITIES OF THE

14                    FEDERAL VOTING ASSISTANCE PROGRAM.

15       (a) ELIMINATION OF REPORTS FOR NON-ELECTION
16 YEARS.—Section 105A(b) of the Uniformed and Overseas
17 Citizens Absentee Voting Act (52 U.S.C. 20308(b)) is
18 amended, in the matter preceding paragraph (1)—
19                (1) by striking ‘‘March 31 of each year’’ and in-
20       serting ‘‘September 30 of each odd-numbered year’’;
21       and
22                (2) by striking ‘‘the following information’’ and
23       inserting ‘‘the following information with respect to
24       the Federal elections held during the preceding cal-
25       endar year’’.


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 1       (b) CONFORMING AMENDMENTS.—Subsection (b) of
 2 section 105A of such Act (52 U.S.C. 20308(b)) is amend-
 3 ed—
 4             (1) in the subsection heading, by striking ‘‘AN-
 5       NUAL REPORT’’ and inserting ‘‘BIENNIAL REPORT’’;

 6       and
 7             (2) in paragraph (3), by striking ‘‘In the case
 8       of’’ and all that follows through ‘‘a description’’ and
 9       inserting ‘‘A description’’.
10   SEC. 590. PILOT PROGRAMS ON REMOTE PROVISION BY NA-

11                    TIONAL GUARD TO STATE GOVERNMENTS

12                    AND NATIONAL GUARDS OF OTHER STATES

13                    OF CYBERSECURITY TECHNICAL ASSISTANCE

14                    IN TRAINING, PREPARATION, AND RESPONSE

15                    TO CYBER INCIDENTS.

16       (a) PILOT PROGRAMS AUTHORIZED.—The Secretary
17 of the Army and the Secretary of the Air Force may each,
18 in consultation with the Chief of the National Guard Bu-
19 reau, conduct a pilot program to assess the feasibility and
20 advisability of the development of a capability within the
21 National Guard through which a National Guard of a State
22 remotely provides State governments and National Guards
23 of other States (whether or not in the same Armed Force
24 as the providing National Guard) with cybersecurity tech-
25 nical assistance in training, preparation, and response to


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 1 cyber incidents. If such Secretary elects to conduct such a
 2 pilot program, such Secretary shall be known as an ‘‘ad-
 3 ministering Secretary’’ for purposes of this section, and any
 4 reference in this section to ‘‘the pilot program’’ shall be
 5 treated as a reference to the pilot program conducted by
 6 such Secretary.
 7       (b) ASSESSMENT PRIOR TO COMMENCEMENT.—For
 8 purposes of evaluating existing platforms, technologies, and
 9 capabilities under subsection (c), and for establishing eligi-
10 bility and participation requirements under subsection (d),
11 for purposes of the pilot program, an administering Sec-
12 retary, in consultation with the Chief of the National Guard
13 Bureau, shall, prior to commencing the pilot program—
14             (1) conduct an assessment of—
15                    (A) existing cyber response capacities of the
16             Army National Guard or Air National Guard,
17             as applicable, in each State; and
18                    (B) any existing platform, technology, or
19             capability of a National Guard that provides the
20             capability described in subsection (a); and
21             (2) determine whether a platform, technology, or
22       capability described in paragraph (1)(B) is suitable
23       for expansion for purposes of the pilot program.
24       (c) ELEMENTS.—A pilot program under subsection (a)
25 shall include the following:


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1             (1) A technical capability that enables the Na-
2       tional Guard of a State to remotely provide cyberse-
3       curity technical assistance to State governments and
4       National Guards of other States, without the need to
5       deploy outside its home State.
6             (2) Policies, processes, procedures, and authori-
7       ties for use of such a capability, including with re-
8       spect to the following:
9                    (A) The roles and responsibilities of both re-
10            questing and deploying State governments and
11            National Guards with respect to such technical
12            assistance, taking into account the matters speci-
13            fied in subsection (f).
14                   (B) Necessary updates to the Defense Cyber
15            Incident Coordinating Procedure, or any other
16            applicable Department of Defense instruction, for
17            purposes of implementing the capability.
18                   (C) Program management and governance
19            structures for deployment and maintenance of
20            the capability.
21                   (D) Security when performing remote sup-
22            port, including such in matters such as authen-
23            tication and remote sensing.
24            (3) The conduct, in coordination with the Chief
25      of the National Guard Bureau and the Secretary of


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 1       Homeland Security and in consultation with the Di-
 2       rector of the Federal Bureau of Investigation, other
 3       Federal agencies, and appropriate non-Federal enti-
 4       ties, of at least one exercise to demonstrate the capa-
 5       bility, which exercise shall include the following:
 6                    (A) Participation of not fewer than two
 7             State governments and their National Guards.
 8                    (B) Circumstances designed to test and vali-
 9             date the policies, processes, procedures, and au-
10             thorities developed pursuant to paragraph (2).
11                    (C) An after action review of the exercise.
12       (d) USE OF EXISTING TECHNOLOGY.—An admin-
13 istering Secretary may use an existing platform, tech-
14 nology, or capability to provide the capability described in
15 subsection (a) under the pilot program.
16       (e)   ELIGIBILITY      AND    PARTICIPATION     REQUIRE-
17   MENTS.—An administering Secretary shall, in consultation

18 with the Chief of the National Guard Bureau, establish re-
19 quirements with respect to eligibility and participation of
20 State governments and their National Guards in the pilot
21 program.
22       (f) CONSTRUCTION WITH CERTAIN CURRENT AU-
23   THORITIES.—

24             (1) COMMAND AUTHORITIES.—Nothing in a pilot
25       program under subsection (a) may be construed as af-


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 1       fecting or altering the command authorities otherwise
 2       applicable to any unit of the National Guard unit
 3       participating in the pilot program.
 4             (2) EMERGENCY MANAGEMENT ASSISTANCE COM-
 5       PACT.—Nothing in a pilot program may be construed

 6       as affecting or altering any current agreement under
 7       the Emergency Management Assistance Compact, or
 8       any other State agreements, or as determinative of the
 9       future content of any such agreement.
10       (g) EVALUATION METRICS.—An administering Sec-
11 retary shall, in consultation with the Chief of the National
12 Guard Bureau and the Secretary of Homeland Security,
13 establish metrics to evaluate the effectiveness of the pilot
14 program.
15       (h) TERM.—A pilot program under subsection (a)
16 shall terminate on the date that is three years after the date
17 of the commencement of the pilot program.
18       (i) REPORTS.—
19             (1) INITIAL REPORT.—Not later than 180 days
20       after the date of the commencement of the pilot pro-
21       gram, the administering Secretary shall submit to the
22       appropriate committees of Congress a report setting
23       forth a description of the pilot program and such
24       other matters in connection with the pilot program as
25       the Secretary considers appropriate.


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 1            (2) FINAL REPORT.—Not later than 180 days
 2      after the termination of the pilot program, the admin-
 3      istering Secretary shall submit to the appropriate
 4      committees of Congress a report on the pilot program.
 5      The report shall include the following:
 6                   (A) A description of the pilot program, in-
 7            cluding any partnerships entered into by the
 8            Chief of the National Guard Bureau under the
 9            pilot program.
10                   (B) A summary of the assessment performed
11            prior to the commencement of the pilot program
12            in accordance with subsection (b).
13                   (C) A summary of the evaluation metrics
14            established in accordance with subsection (g).
15                   (D) An assessment of the effectiveness of the
16            pilot program, and of the capability described in
17            subsection (a) under the pilot program.
18                   (E) A description of costs associated with
19            the implementation and conduct of the pilot pro-
20            gram.
21                   (F) A recommendation as to the termi-
22            nation or extension of the pilot program, or the
23            making of the pilot program permanent with an
24            expansion nationwide.




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 1                    (G) An estimate of the costs of making the
 2             pilot program permanent and expanding it na-
 3             tionwide in accordance with the recommendation
 4             in subparagraph (F).
 5                    (H) Such recommendations for legislative or
 6             administrative action as the Secretary considers
 7             appropriate in light of the pilot program.
 8             (3) APPROPRIATE        COMMITTEES OF CONGRESS

 9       DEFINED.—In this subsection, the term ‘‘appropriate

10       committees of Congress’’ means—
11                    (A) the Committee on Armed Services and
12             the Committee on Homeland Security and Gov-
13             ernmental Affairs of the Senate; and
14                    (B) the Committee on Armed Services and
15             the Committee on Homeland Security of the
16             House of Representatives.
17       (j) STATE DEFINED.—In this section, the term ‘‘State’’
18 means each of the several States, the District of Columbia,
19 the Commonwealth of Puerto Rico, American Samoa,
20 Guam, the United States Virgin Islands, and the Common-
21 wealth of the Northern Mariana Islands.




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 1   SEC. 591. PLAN ON PERFORMANCE OF FUNERAL HONORS

 2                    DETAILS BY MEMBERS OF OTHER ARMED

 3                    FORCES WHEN MEMBERS OF THE ARMED

 4                    FORCE OF THE DECEASED ARE UNAVAILABLE.

 5       (a) BRIEFING ON PLAN.—
 6             (1) IN GENERAL.—Not later than 180 days after
 7       the date of the enactment of this Act, the Secretary of
 8       Defense shall provide a briefing to the Committees on
 9       Armed Services of the Senate and the House of Rep-
10       resentatives setting forth a plan for the performance
11       of a funeral honors detail at the funeral of a deceased
12       member of the Armed Forces by one or more members
13       of the Armed Forces from an Armed Force other than
14       that of the deceased when—
15                     (A) members of the Armed Force of the de-
16             ceased are unavailable for the performance of the
17             detail; and
18                     (B) the performance of the detail by mem-
19             bers of other Armed Forces is requested by the
20             family of the deceased.
21             (2) REPEAL OF REQUIREMENT FOR ONE MEMBER
22       OF ARMED FORCE OF DECEASED IN DETAIL.—Section

23       1491(b)(2) of title 10, United States Code, is amended
24       in the first sentence by striking ‘‘, at least one of
25       whom shall be a member of the armed force of which
26       the veteran was a member’’.
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 1              (3) PERFORMANCE.—The plan required by para-
 2       graph (1) shall authorize the performance of funeral
 3       honors details by members of the Army National
 4       Guard and the Air National Guard under section 115
 5       of title 32, United States Code, and may authorize the
 6       remainder of such details to consist of members of vet-
 7       erans organizations or other organizations approved
 8       for purposes of section 1491 of title 10, United States
 9       Code, as provided for by subsection (b)(2) of such sec-
10       tion 1491.
11       (b) ELEMENTS.—The briefing under subsection (a)
12 shall include a description in detail the authorities and re-
13 quirements for the implementation of the plan, including
14 administrative, logistical, coordination, and funding au-
15 thorities and requirements.
16   SEC. 592. LIMITATION ON IMPLEMENTATION OF ARMY COM-

17                    BAT FITNESS TEST.

18       The Secretary of the Army may not implement the
19 Army Combat Fitness Test until the Secretary receives re-
20 sults of a study, conducted for purposes of this section by
21 an entity independent of the Department of Defense, on the
22 following:
23              (1) The extent, if any, to which the test would
24       adversely impact members of the Army stationed or
25       deployed to climates or areas with conditions that


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 1       make prohibitive the conduct of outdoor physical
 2       training on a frequent or sustained basis.
 3             (2) The extent, if any, to which the test would
 4       affect recruitment and retention in critical support
 5       military occupational specialties (MOS) of the Army,
 6       such as medical personnel.
 7   SEC. 593. REPORT ON IMPACT OF CHILDREN OF CERTAIN

 8                    FILIPINO WORLD WAR II VETERANS ON NA-

 9                    TIONAL SECURITY, FOREIGN POLICY, AND

10                    ECONOMIC AND HUMANITARIAN INTERESTS

11                    OF THE UNITED STATES.

12       (a) IN GENERAL.—Not later than December 31, 2020,
13 the Secretary of Homeland Security, in consultation with
14 the Secretary of Defense and the Secretary of State, shall
15 submit to the congressional defense committees a report on
16 the impact of the children of certain Filipino World War
17 II veterans on the national security, foreign policy, and eco-
18 nomic and humanitarian interests of the United States.
19       (b) ELEMENTS.—The report required by subsection (a)
20 shall include the following:
21             (1) The number of Filipino World War II vet-
22       erans who fought under the United States flag during
23       World War II to protect and defend the United States
24       in the Pacific theater.




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1             (2) The number of Filipino World War II vet-
2       erans who died fighting under the United States flag
3       during World War II to protect and defend the
4       United States in the Pacific theater.
5             (3) An assessment of the economic and tax con-
6       tributions that Filipino World War II veterans and
7       their families have made to the United States.
8             (4) An assessment of the impact on the United
9       States of exempting from the numerical limitations
10      on immigrant visas the children of the Filipino World
11      War II veterans who were naturalized under—
12                   (A) section 405 of the Immigration Act of
13            1990 (Public Law 101–649; 8 U.S.C. 1440 note);
14            or
15                   (B) title III of the Nationality Act of 1940
16            (54 Stat. 1137; chapter 876), as added by section
17            1001 of the Second War Powers Act, 1942 (56
18            Stat. 182; chapter 199).




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 1    TITLE VI—COMPENSATION AND
 2    OTHER PERSONNEL BENEFITS
 3     Subtitle A—Pay and Allowances
 4   SEC. 601. REORGANIZATION OF CERTAIN ALLOWANCES

 5                    OTHER THAN TRAVEL AND TRANSPORTATION

 6                    ALLOWANCES.

 7       (a) PER DIEM FOR DUTY OUTSIDE THE CONTINENTAL
 8 UNITED STATES.—
 9             (1) TRANSFER TO CHAPTER 7.—Section 475 of
10       title 37, United States Code, is transferred to chapter
11       7 of such title, inserted after section 403b, and redes-
12       ignated as section 405.
13             (2) REPEAL OF TERMINATION PROVISION.—Sec-
14       tion 405 of title 37, United States Code, as added by
15       paragraph (1), is amended by striking subsection (f).
16             (3) RETITLING OF AUTHORITY.—The heading of
17       section 405 of title 37, United States Code, as so
18       added, is amended to read as follows:
19 ‘‘§ 405. Per diem while on duty outside the continental
20                United States’’.

21       (b) ALLOWANCE FOR FUNERAL HONORS DUTY.—
22             (1) TRANSFER TO CHAPTER 7.—Section 495 of
23       title 37, United States Code, is transferred to chapter
24       7 of such title, inserted after section 433a, and redes-
25       ignated as section 435.


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 1                 (2) REPEAL OF TERMINATION PROVISION.—Sec-
 2          tion 435 of title 37, United States Code, as added by
 3          paragraph (1), is amended by striking subsection (c).
 4          (c) CLERICAL AMENDMENTS.—
 5                 (1) CHAPTER 7.—The table of sections at the be-
 6          ginning of chapter 7 of such title 37, United States
 7          Code, is amended—
 8                        (A) by inserting after the item relating to
 9                 section 403b the following new item:
     ‘‘405. Per diem while on duty outside the continental United States.’’;

10          and
11                        (B) by inserting after the item relating to
12                 section 433a the following new item:
     ‘‘435. Funeral honors duty: allowance.’’.

13                 (2) CHAPTER 8.—The table of sections at the be-
14          ginning of chapter 8 of such title is amended by strik-
15          ing the items relating to sections 475 and 495.
16   SEC. 602. HAZARDOUS DUTY PAY FOR MEMBERS OF THE

17                      ARMED FORCES PERFORMING DUTY IN RE-

18                      SPONSE TO THE CORONAVIRUS DISEASE 2019.

19          (a) IN GENERAL.—The Secretary of the military de-
20 partment concerned shall pay hazardous duty pay under
21 this section to a member of a regular or reserve component
22 of the Armed Forces who—
23                 (1) performs duty in response to the Coronavirus
24          Disease 2019 (COVID–19); and

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 1             (2) is entitled to basic pay under section 204 of
 2       title 37, United States Code, or compensation under
 3       section 206 of such title, for the performance of such
 4       duty.
 5       (b) REGULATIONS.—Hazardous duty pay shall be pay-
 6 able under this section in accordance with regulations pre-
 7 scribed by the Secretary of Defense. Such regulations shall
 8 specify the duty in response to the Coronavirus Disease
 9 2019 qualifying a member for payment of such pay under
10 this section.
11       (c) AMOUNT.—The amount of hazardous duty pay
12 paid a member under this section shall be such amount per
13 month, not less than $150 per month, as the Secretary of
14 Defense shall specify in the regulations under subsection (b).
15       (d) MONTHLY PAYMENT; NO PRORATION.—
16             (1) MONTHLY PAYMENT.—Hazardous duty pay
17       under this section shall be paid on a monthly basis.
18             (2) NO PRORATION.—Hazardous duty pay is
19       payable to a member under this section for a month
20       if the member performs any duty in that month
21       qualifying the person for payment of such pay.
22       (e) MONTHS FOR WHICH PAYABLE.—Hazardous duty
23 pay is payable under this section for qualifying duty per-
24 formed in months occurring during the period—
25             (1) beginning on January 1, 2020; and


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 1             (2) ending on December 31, 2020.
 2       (f) CONSTRUCTION WITH OTHER PAY.—Hazardous
 3 duty pay payable to a member under this section is in addi-
 4 tion to the following:
 5             (1) Any other pay and allowances to which the
 6       member is entitled by law.
 7             (2) Any other hazardous duty pay to which the
 8       member is entitled under section 351 of title 37,
 9       United States Code (or any other provision of law),
10       for duty that also constitutes qualifying duty for pay-
11       ment of such pay under this section.
12       (g) SENSE OF SENATE.—It is the sense of the Senate
13 that the Secretary of Defense should also authorize haz-
14 ardous duty pay for members of the Armed Forces not
15 under orders specific to the response to the Coronavirus Dis-
16 ease 2019 who provide—
17             (1) healthcare in a military medical treatment
18       facility for individuals infected with the Coronavirus
19       Disease 2019; or
20             (2) technical or administrative support for the
21       provision of healthcare as described in paragraph (1).




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 1   SEC. 603. COMPENSATION AND CREDIT FOR RETIRED PAY

 2                    PURPOSES FOR MATERNITY LEAVE TAKEN BY

 3                    MEMBERS OF THE RESERVE COMPONENTS.

 4       (a) COMPENSATION.—Section 206(a) of title 37,
 5 United States Code, is amended—
 6              (1) in paragraph (2), by striking ‘‘or’’ at the
 7       end;
 8              (2) in paragraph (3), by striking the period at
 9       the end and inserting ‘‘; or’’; and
10              (3) by adding the end the following new para-
11       graph:
12              ‘‘(4) for each of 6 days in connection with the
13       taking by the member of a period of maternity
14       leave.’’.
15       (b) CREDIT FOR RETIRED PAY PURPOSES.—
16              (1) IN GENERAL.—The period of maternity leave
17       taken by a member of the reserve components of the
18       Armed Forces in connection with the birth of a child
19       shall count toward the member’s entitlement to retired
20       pay, and in connection with the years of service used
21       in computing retired pay, under chapter 1223 of title
22       10, United States Code, as 12 points.
23              (2) SEPARATE CREDIT FOR EACH PERIOD OF
24       LEAVE.—Separate crediting of points shall accrue to

25       a member pursuant to this subsection for each period


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 1       of maternity leave taken by the member in connection
 2       with a childbirth event.
 3             (3) WHEN CREDITED.—Points credited a mem-
 4       ber for a period of maternity leave pursuant to this
 5       subsection shall be credited in the year in which the
 6       period of maternity leave concerned commences.
 7             (4) CONTRIBUTION OF LEAVE TOWARD ENTITLE-
 8       MENT TO RETIRED PAY.—Section 12732(a)(2) of title

 9       10, United States Code, is amended by inserting after
10       subparagraph (E) the following new subparagraph:
11             ‘‘(F) Points at the rate of 12 a year for the tak-
12       ing of maternity leave.’’.
13             (5) COMPUTATION OF YEARS OF SERVICE FOR
14       RETIRED PAY.—Section 12733 of such title is amend-

15       ed—
16                    (A) by redesignating paragraph (5) as
17             paragraph (6); and
18                    (B) by inserting after paragraph (4) the fol-
19             lowing new paragraph (5):
20             ‘‘(5) One day for each point credited to the per-
21       son under subparagraph (F) of section 12732(a)(2) of
22       this title.’’.
23       (c) EFFECTIVE DATE.—This section and the amend-
24 ments made by this section shall take effect on the date of
25 the enactment of this Act, and shall apply with respect to


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 1 periods of maternity leave that commence on or after that
 2 date.
 3     Subtitle B—Bonuses and Special
 4            and Incentive Pays
 5   SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING

 6                    BONUS AND SPECIAL PAY AUTHORITIES.

 7         (a) AUTHORITIES RELATING TO RESERVE FORCES.—
 8 Section 910(g) of title 37, United States Code, relating to
 9 income replacement payments for reserve component mem-
10 bers experiencing extended and frequent mobilization for ac-
11 tive duty service, is amended by striking ‘‘December 31,
12 2020’’ and inserting ‘‘December 31, 2021’’.
13         (b) TITLE 10 AUTHORITIES RELATING TO HEALTH
14 CARE PROFESSIONALS.—The following sections of title 10,
15 United States Code, are amended by striking ‘‘December 31,
16 2020’’ and inserting ‘‘December 31, 2021’’:
17              (1) Section 2130a(a)(1), relating to nurse officer
18         candidate accession program.
19              (2) Section 16302(d), relating to repayment of
20         education loans for certain health professionals who
21         serve in the Selected Reserve.
22         (c) AUTHORITIES RELATING         TO   NUCLEAR OFFI-
23   CERS.—Section 333(i) of title 37, United States Code, is

24 amended by striking ‘‘December 31, 2020’’ and inserting
25 ‘‘December 31, 2021’’.


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 1       (d) AUTHORITIES RELATING TO TITLE 37 CONSOLI-
 2   DATED   SPECIAL PAY, INCENTIVE PAY, AND BONUS AU-
 3   THORITIES.—The      following sections of title 37, United
 4 States Code, are amended by striking ‘‘December 31, 2020’’
 5 and inserting ‘‘December 31, 2021’’:
 6              (1) Section 331(h), relating to general bonus au-
 7       thority for enlisted members.
 8              (2) Section 332(g), relating to general bonus au-
 9       thority for officers.
10              (3) Section 334(i), relating to special aviation
11       incentive pay and bonus authorities for officers.
12              (4) Section 335(k), relating to special bonus and
13       incentive pay authorities for officers in health profes-
14       sions.
15              (5) Section 336(g), relating to contracting bonus
16       for cadets and midshipmen enrolled in the Senior Re-
17       serve Officers’ Training Corps.
18              (6) Section 351(h), relating to hazardous duty
19       pay.
20              (7) Section 352(g), relating to assignment pay or
21       special duty pay.
22              (8) Section 353(i), relating to skill incentive pay
23       or proficiency bonus.




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 1             (9) Section 355(h), relating to retention incen-
 2       tives for members qualified in critical military skills
 3       or assigned to high priority units.
 4       (e) AUTHORITY TO PROVIDE TEMPORARY INCREASE IN
 5 RATES OF BASIC ALLOWANCE FOR HOUSING.—Section
 6 403(b)(7)(E) of title 37, United States Code, is amended
 7 by striking ‘‘December 31, 2020’’ and inserting ‘‘December
 8 31, 2021’’.
 9   SEC. 612. INCREASE IN SPECIAL AND INCENTIVE PAYS FOR

10                    OFFICERS IN HEALTH PROFESSIONS.

11       (a) ACCESSION BONUS GENERALLY.—Subparagraph
12 (A) of section 335(e)(1) of title 37, United States Code, is
13 amended by striking ‘‘$30,000’’ and inserting ‘‘$100,000’’.
14       (b) ACCESSION BONUS FOR CRITICALLY SHORT WAR-
15   TIME SPECIALTIES.—Subparagraph (B) of such section is

16 amended by striking ‘‘$100,000’’ and inserting ‘‘$200,000’’.
17       (c) RETENTION BONUS.—Subparagraph (C) of such
18 section is amended by striking ‘‘$75,000’’ and inserting
19 ‘‘$150,000’’.
20       (d) INCENTIVE PAY.—Subparagraph (D) of such sec-
21 tion is amended—
22             (1) in clause (i), by striking ‘‘$100,000’’ and in-
23       serting ‘‘$200,000’’; and
24             (2) in clause (ii), by striking ‘‘$15,000’’ and in-
25       serting ‘‘$50,000’’.


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 1       (e) BOARD CERTIFICATION PAY.—Subparagraph (E)
 2 of such section is amended by striking ‘‘$6,000’’ and insert-
 3 ing ‘‘$15,000’’.
 4       (f) EFFECTIVE DATE.—The amendments made by this
 5 section shall take effect on October 1, 2020, and shall apply
 6 with respect to special bonus and incentive pays payable
 7 under section 335 of title 37, United States Code, pursuant
 8 to agreements entered into under that section on or after
 9 that date.
10   Subtitle C—Disability Pay, Retired
11      Pay, and Survivor Benefits
12   SEC. 621. INCLUSION OF DRILL OR TRAINING FOREGONE

13                    DUE TO EMERGENCY TRAVEL OR DUTY RE-

14                    STRICTIONS IN COMPUTATIONS OF ENTITLE-

15                    MENT TO AND AMOUNTS OF RETIRED PAY

16                    FOR NON-REGULAR SERVICE.

17       (a)    ENTITLEMENT         TO   RETIRED     PAY.—Section
18 12732(a)(2) of title 10, United States Code, is amended—
19              (1) by inserting after subparagraph (E) the fol-
20       lowing new subparagraph:
21                     ‘‘(F)(i) Subject to regulations prescribed by
22              the Secretary of Defense or the Secretary of
23              Homeland Security with respect to matters con-
24              cerning the Coast Guard when it is not oper-
25              ating as a service in the Department of the


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 1             Navy, one point for each day of active service or
 2             one point for each drill or period of equivalent
 3             instruction that was prescribed by the Secretary
 4             concerned to be performed during the covered
 5             emergency period, if such person was prevented
 6             from performing such duty due to travel or duty
 7             restrictions imposed by the President, the Sec-
 8             retary of Defense, or the Secretary of Homeland
 9             Security with respect to the Coast Guard.
10                    ‘‘(ii) A person may not be credited more
11             than 35 points in a one-year period under this
12             subparagraph.
13                    ‘‘(iii) In this subparagraph, the term ‘cov-
14             ered emergency period’ means the period begin-
15             ning on March 1, 2020, and ending on the day
16             that is 60 days after the date on which the travel
17             or duty restriction applicable to the person con-
18             cerned is lifted.’’; and
19             (2) in the matter following subparagraph (F), as
20       inserted by paragraph (1), by striking ‘‘and (E)’’ and
21       inserting ‘‘(E), and (F)’’.
22       (b) AMOUNT OF RETIRED PAY.—Section 12733(3) of
23 such title is amended in the matter preceding subparagraph
24 (A), by striking ‘‘or (D)’’ and inserting ‘‘(D), or (F)’’.




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1    SEC. 622. MODERNIZATION AND CLARIFICATION OF PAY-

2                      MENT OF CERTAIN RESERVES WHILE ON

3                      DUTY.

4         (a) CHANGE IN PRIORITY OF PAYMENTS FOR RETIRED
 5   OR RETAINER PAY.—Subsection (a) of section 12316 of title

 6 10, United States Code, is amended—
 7              (1) in the matter preceding paragraph (1)—
 8                      (A) by striking ‘‘subsection (b)’’ and insert-
 9              ing ‘‘subsection (c)’’; and
10                      (B) by striking ‘‘his earlier military serv-
11              ice’’ and inserting ‘‘the Reserve’s earlier military
12              service’’;
13                      (C) by striking ‘‘a pension, retired or re-
14              tainer pay, or disability compensation’’ and in-
15              serting ‘‘retired or retainer pay’’; and
16                      (D) by striking ‘‘he is entitled’’ and insert-
17              ing ‘‘the Reserve is entitled’’; and
18              (2) by striking paragraphs (1) and (2) and in-
19        serting the following new paragraphs:
20              ‘‘(1) the pay and allowances authorized by law
21        for the duty that the Reserve is performing; or
22              ‘‘(2) if the Reserve specifically waives those pay-
23        ments, the retired or retainer pay to which the Re-
24        serve is entitled because of the Reserve’s earlier mili-
25        tary service.’’.


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 1       (b) PAYMENTS FOR PENSION OR DISABILITY COM-
 2   PENSATION.—Such section is further amended—

 3             (1) by redesignating subsection (b) as subsection
 4       (c); and
 5             (2) by inserting after subsection (a) the following
 6       new subsection (b):
 7       ‘‘(b) Except as provided by subsection (c), a Reserve
 8 of the Army, Navy, Air Force, Marine Corps, or Coast
 9 Guard who because of the Reserve’s earlier military service
10 is entitled to a pension or disability compensation, and who
11 performs duty for which the Reserve is entitled to compensa-
12 tion, may elect to receive for that duty either—
13             ‘‘(1) the pension or disability compensation to
14       which the Reserve is entitled because of the Reserve’s
15       earlier military service; or
16             ‘‘(2) if the Reserve specifically waives those pay-
17       ments, the pay and allowances authorized by law for
18       the duty that the Reserve is performing.’’.
19       (c) ADDITIONAL CONFORMING           AND    MODERNIZING
20 AMENDMENTS.—Subsection (c) of such section, as redesig-
21 nated by subsection (b)(1) of this section, is amended—
22             (1) by striking ‘‘(a)(2)’’ both places it appears
23       and inserting ‘‘(a)(1) or (b)(2), as applicable,’’;




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 1              (2) by striking ‘‘his earlier military service’’ the
 2        first place it appears and inserting ‘‘a Reserve’s ear-
 3        lier military service’’;
 4              (3) by striking ‘‘his earlier military service’’
 5        each other place it appears and inserting ‘‘the Re-
 6        serve’s earlier military service’’;
 7              (4) by striking ‘‘he is entitled’’ and inserting
 8        ‘‘the Reserve is entitled’’; and
 9              (5) by striking ‘‘the member or his dependents’’
10        and inserting ‘‘the Reserve or the Reserve’s depend-
11        ents’’.
12        (d) PROCEDURES.—Such section is further amended
13 by adding at the end the following new subsection:
14        ‘‘(d) The Secretary of Defense shall prescribe regula-
15 tions under which a Reserve of the Army, Navy, Air Force,
16 Marine Corps, or Coast Guard may waive the pay and al-
17 lowances authorized by law for the duty the Reserve is per-
18 forming under subsection (a)(2) or (b)(2).’’.
19        (e) EFFECTIVE DATE.—The amendments made by this
20 section shall take effect 180 days after the date of the enact-
21 ment of this Act.
22   SEC. 623. RELIEF OF RICHARD W. COLLINS III.

23        (a) FINDINGS.—Congress makes the following findings:




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1             (1) On May 20, 2017, Lieutenant Richard W.
2       Collins III was murdered on the campus of the Uni-
3       versity of Maryland, College Park, Maryland.
4             (2) At the time of his murder, Lieutenant Collins
5       had graduated from the Reserve Officers’ Training
6       Corps at Bowie State University and received a com-
7       mission in the United States Army.
8             (3) At the time of the murder of Lieutenant Col-
9       lins, a graduate of a Reserve Officers’ Training Corps
10      who received a commission but died before receiving
11      a first duty assignment was not eligible for a death
12      gratuity under section 1475(a)(4) of title 10, United
13      States Code, or for casualty assistance under section
14      633 of the National Defense Authorization Act for
15      Fiscal Year 2014 (10 U.S.C. 1475 note).
16            (4) Section 623 of the National Defense Author-
17      ization Act for Fiscal Year 2020 (Public Law 116–
18      92) amended section 1475 of title 10, United States
19      Code, to authorize the payment of a death gratuity to
20      a graduate of the Senior Reserve Officers’ Training
21      Corps (SROTC) who receives a commission but dies
22      before receiving a first duty assignment.
23            (5) Section 625 of the National Defense Author-
24      ization Act for Fiscal Year 2020 authorizes the fami-
25      lies of Senior Reserve Officers’ Training Corps grad-


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 1      uates to receive casualty assistance in the event of the
 2      death of such graduates.
 3            (6) Sections 623 and 625 of the National Defense
 4      Authorization Act for Fiscal Year 2020 apply only to
 5      a Senior Reserve Officers’ Training Corps graduate
 6      who receives a commission but dies before receiving a
 7      first duty assignment on or after the date of the en-
 8      actment of that Act.
 9            (7) The death of Lieutenant Collins played a
10      critical role in changing the eligibility criteria for the
11      death gratuity for Senior Reserve Officers’ Training
12      Corps graduates who die prior to their first assign-
13      ment.
14      (b) APPLICABILITY OF LAWS.—
15            (1) DEATH GRATUITY.—Section 623 of the Na-
16      tional Defense Authorization Act for Fiscal Year 2020
17      (Public Law 116–92), and the amendment made by
18      that section, shall apply to Lieutenant Richard W.
19      Collins III as if his death had occurred after the date
20      of the enactment of that section.
21            (2) CASUALTY ASSISTANCE.—Section 625 of the
22      National Defense Authorization Act for Fiscal Year
23      2020, and the amendment made by that section, shall
24      apply to Lieutenant Richard W. Collins III as if his




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 1       death had occurred after the date of the enactment of
 2       that section.
 3       (c) LIMITATION.—No amount exceeding 10 percent of
 4 a payment made under subsection (b)(1) may be paid to
 5 or received by any attorney or agent for services rendered
 6 in connection with the payment. Any person who violates
 7 this subsection shall be guilty of an infraction and shall
 8 be subject to a fine in the amount provided under title 18,
 9 United States Code.
10           Subtitle D—Other Matters
11   SEC. 631. PERMANENT AUTHORITY FOR AND ENHANCE-

12                    MENT OF THE GOVERNMENT LODGING PRO-

13                    GRAM.

14       (a) PERMANENT AUTHORITY.—Section 914 of the Carl
15 Levin and Howard P. ‘‘Buck’’ McKeon National Defense
16 Authorization Act for Fiscal Year 2015 (5 U.S.C. 5911
17 note) is amended—
18             (1) in subsection (a), by striking ‘‘, for the pe-
19       riod of time described in subsection (b),’’; and
20             (2) by striking subsection (b).
21       (b) EXCLUSION OF CERTAIN SHIPYARD EMPLOYEES.—
22 Such section is further amended by inserting after sub-
23 section (a) the following new subsection (b):
24       ‘‘(b) EXCLUSION OF CERTAIN SHIPYARD EMPLOY-
25   EES.—In    carrying out a Government lodging program


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 1 under the authority in subsection (a), the Secretary shall
 2 exclude from the requirements of the program employees
 3 who are traveling for the performance of mission functions
 4 of a public shipyard of the Department if the purpose or
 5 mission of such travel would be adversely affected by the
 6 requirements of the program.’’.
 7       (c) CONFORMING AMENDMENT.—The heading of such
 8 section is amended to read as follows:
 9   ‘‘SEC. 914. GOVERNMENT LODGING PROGRAM.’’.

10   SEC. 632. APPROVAL OF CERTAIN ACTIVITIES BY RETIRED

11                    AND RESERVE MEMBERS OF THE UNIFORMED

12                    SERVICES.

13       (a) CLARIFICATION OF ACTIVITIES FOR WHICH AP-
14   PROVAL REQUIRED.—Section 908 of title 37, United States

15 Code, is amended—
16             (1) in subsection (a)—
17                     (A) in the matter preceding paragraph
18             (1)—
19                          (i) by striking ‘‘subsection (b)’’ and in-
20                     serting ‘‘subsections (b) and (c)’’; and
21                          (ii) by inserting ‘‘, accepting payment
22                     for speeches, travel, meals, lodging, or reg-
23                     istration fees, or accepting a non-cash
24                     award,’’ after ‘‘that employment)’’; and




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 1                    (B) in paragraph (2), by striking ‘‘armed
 2             forces’’ and inserting ‘‘armed forces, except mem-
 3             bers serving on active duty under a call or order
 4             to active duty for a period in excess of 30 days’’;
 5             (2) in the heading of subsection (b), by inserting
 6       ‘‘FOR EMPLOYMENT AND COMPENSATION’’ after ‘‘AP-
 7       PROVAL REQUIRED’’;

 8             (3) by redesignating subsections (c) and (d) as
 9       subsections (d) and (e), respectively; and
10             (4) by inserting after subsection (b) the following
11       new subsection (c):
12       ‘‘(c) APPROVAL REQUIRED FOR CERTAIN PAYMENTS
13   AND AWARDS.—A person described in subsection (a) may

14 accept payment for speeches, travel, meals, lodging, or reg-
15 istration fees described in that subsection, or accept a non-
16 cash award described in that subsection, only if the Sec-
17 retary concerned approves the payment or award.’’.
18       (b) ANNUAL REPORTS ON APPROVALS.—Subsection (d)
19 of such section, as redesignated by subsection (a)(3) of this
20 section, is amended—
21             (1) by inserting ‘‘(1)’’ before ‘‘Not later than’’;
22             (2) in paragraph (1), as designated by para-
23       graph (1) of this subsection, by inserting ‘‘, and each
24       approval under subsection (c) for a payment or




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 1         award described in subsection (a),’’ after ‘‘in sub-
 2         section (a)’’; and
 3               (3) by adding at the end the following new para-
 4         graph:
 5         ‘‘(2) The report under paragraph (1) on an approval
 6 described in that paragraph with respect to an officer shall
 7 set forth the following:
 8               ‘‘(A) The foreign government providing the em-
 9         ployment or compensation or payment or award.
10               ‘‘(B) The duties, if any, to be performed in con-
11         nection with the employment or compensation or pay-
12         ment or award.
13               ‘‘(C) The total amount of compensation, if any,
14         or payment to be provided.’’.
15         (c) CONFORMING AMENDMENTS.—
16               (1) SECTION HEADING.—The heading of such sec-
17         tion is amended to read as follows:
18 ‘‘§ 908. Reserves and retired members: acceptance of
19                   employment, payments, and awards from

20                   foreign governments’’.

21               (2) TABLE OF SECTIONS.—The table of sections
22         at the beginning of chapter 17 of such title is amend-
23         ed by striking the item relating to section 908 and in-
24         serting the following new item:
     ‘‘908. Reserves and retired members: acceptance of employment, payments, and
                      awards from foreign governments.’’.


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 1       TITLE VII—HEALTH CARE
 2               PROVISIONS
 3     Subtitle A—TRICARE and Other
 4           Health Care Benefits
 5   SEC. 701. AUTHORITY FOR SECRETARY OF DEFENSE TO

 6                    MANAGE PROVIDER TYPE REFERRAL AND SU-

 7                    PERVISION REQUIREMENTS UNDER TRICARE

 8                    PROGRAM.

 9        Section 1079(a)(12) of title 10, United States Code,
10 is amended, in the first sentence, by striking ‘‘or certified
11 clinical social worker,’’ and inserting ‘‘certified clinical so-
12 cial worker, or other class of provider as designated by the
13 Secretary of Defense,’’.
14   SEC. 702. REMOVAL OF CHRISTIAN SCIENCE PROVIDERS AS

15                    AUTHORIZED       PROVIDERS   UNDER      THE

16                    TRICARE PROGRAM.

17        (a) REPEAL.—Subsection (a) of section 1079 of title
18 10, United States Code, is amended by striking paragraph
19 (4).
20        (b) CONFORMING AMENDMENT.—Paragraph (12) of
21 such subsection is amended, in the first sentence, by striking
22 ‘‘, except as authorized in paragraph (4)’’.




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 1   SEC. 703. WAIVER OF FEES CHARGED TO CERTAIN CIVIL-

 2                    IANS FOR EMERGENCY MEDICAL TREATMENT

 3                    PROVIDED AT MILITARY MEDICAL TREAT-

 4                    MENT FACILITIES.

 5       Section 1079b of title 10, United States Code, is
 6 amended—
 7             (1) by redesignating subsection (b) as subsection
 8       (c); and
 9             (2) by inserting after subsection (a) the following
10       new subsection (b):
11       ‘‘(b) WAIVER OF FEES.—Under the procedures imple-
12 mented under subsection (a), a military medical treatment
13 facility may waive a fee charged under such procedures to
14 a civilian who is not a covered beneficiary if—
15             ‘‘(1) after insurance payments, if any, the civil-
16       ian is not able to pay for the trauma or other medical
17       care provided to the civilian; and
18             ‘‘(2) the provision of such care enhanced the
19       medical readiness of the health care provider or health
20       care providers furnishing such care.’’.
21   SEC. 704. MENTAL HEALTH RESOURCES FOR MEMBERS OF

22                    THE ARMED FORCES AND THEIR DEPEND-

23                    ENTS DURING THE COVID–19 PANDEMIC.

24       (a) PLAN.—Not later than 180 days after the date of
25 the enactment of this Act, the Secretary of Defense shall de-
26 velop a plan to protect and promote the mental health and
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 1 well-being of members of the Armed Forces and their de-
 2 pendents, which shall include the following:
 3             (1) A strategy to combat existing stigma sur-
 4       rounding mental health conditions that might deter
 5       such individuals from seeking care.
 6             (2) Guidance to commanding officers at all levels
 7       on the mental health ramifications of the COVID–19
 8       crisis.
 9             (3) Additional training and support for mental
10       health care professionals of the Department of Defense
11       on supporting individuals who are concerned for the
12       health of themselves and their family members, or
13       grieving the loss of loved ones due to COVID–19.
14             (4) A strategy to leverage telemedicine to ensure
15       safe access to mental health services.
16       (b) OUTREACH.—The Secretary of Defense shall con-
17 duct outreach to the military community to identify re-
18 sources and health care services, including mental health
19 care services, available under the TRICARE program to
20 support members of the Armed Forces and their dependents.
21       (c) DEFINITIONS.—In this section, the terms ‘‘depend-
22 ent’’ and ‘‘TRICARE program’’ have the meanings given
23 those terms in section 1072 of such title.




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 1   SEC. 705. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN

 2                    MEMBERS OF THE NATIONAL GUARD SERV-

 3                    ING UNDER ORDERS IN RESPONSE TO THE

 4                    CORONAVIRUS (COVID–19).

 5       (a) IN GENERAL.—The Secretary of Defense shall pro-
 6 vide to a member of the National Guard separating from
 7 active service after serving on full-time National Guard
 8 duty pursuant to section 502(f) of title 32, United States
 9 Code, the health benefits authorized under section 1145 of
10 title 10, United States Code, for a member of a reserve com-
11 ponent separating from active duty, as referred to in sub-
12 section (a)(2)(B) of such section 1145, if the active service
13 from which the member of the National Guard is separating
14 was in support of the whole of government response to the
15 coronavirus (COVID–19).
16       (b) DEFINITIONS.—In this section, the terms ‘‘active
17 duty’’, ‘‘active service’’, and ‘‘full-time National Guard
18 duty’’ have the meanings given those terms in section
19 101(d) of title 10, United States Code.
20   SEC. 706. EXTRAMEDICAL MATERNAL HEALTH PROVIDERS

21                    DEMONSTRATION PROJECT.

22       (a) DEMONSTRATION PROJECT REQUIRED.—Not later
23 than one year after the date of the enactment of this Act,
24 the Secretary of Defense shall commence the conduct of a
25 demonstration project designed to evaluate the cost, quality
26 of care, and impact on maternal and fetal outcomes of using
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 1 extramedical       maternal    health   providers   under   the
 2 TRICARE program to determine the appropriateness of
 3 making coverage of such providers under the TRICARE
 4 program permanent.
 5          (b) ELEMENTS OF DEMONSTRATION PROJECT.—The
 6 demonstration project under subsection (a) shall include, for
 7 participants in the demonstration project, the following:
 8              (1) Access to doulas.
 9              (2) Access to lactation consultants who are not
10          otherwise authorized to provide services under the
11          TRICARE program.
12          (c) PARTICIPANTS.—The Secretary shall establish a
13 process under which covered beneficiaries may enroll in the
14 demonstration project in order to receive the services pro-
15 vided under the demonstration project.
16          (d) DURATION.—The Secretary shall carry out the
17 demonstration project for a period of five years beginning
18 on the date on which notification of the commencement of
19 the demonstration project is published in the Federal Reg-
20 ister.
21          (e) SURVEY.—
22              (1) IN GENERAL.—Not later than one year after
23          the date of the enactment of this Act, and annually
24          thereafter for the duration of the demonstration




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 1      project, the Secretary shall administer a survey to de-
 2      termine—
 3                   (A) how many members of the Armed
 4            Forces or spouses of such members give birth
 5            while their spouse or birthing partner is unable
 6            to be present due to deployment, training, or
 7            other mission requirements;
 8                   (B) how many single members of the Armed
 9            Forces give birth alone; and
10                   (C) how many members of the Armed
11            Forces or spouses of such members use doula sup-
12            port or lactation consultants.
13            (2) MATTERS COVERED BY THE SURVEY.—The
14      survey administered under paragraph (1) shall in-
15      clude an identification of the following:
16                   (A) The race, ethnicity, age, sex, relation-
17            ship status, military service, military occupa-
18            tion, and rank, as applicable, of each individual
19            surveyed.
20                   (B) If individuals surveyed were members of
21            the Armed Forces or the spouses of such mem-
22            bers, or both.
23                   (C) The length of advanced notice received
24            by individuals surveyed that the member of the




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 1            Armed Forces would be unable to be present dur-
 2            ing the birth, if applicable.
 3                   (D) Any resources or support that the indi-
 4            viduals surveyed found useful during the preg-
 5            nancy and birth process, including doula or lac-
 6            tation counselor support.
7       (f) REPORTS.—
 8            (1) IMPLEMENTATION PLAN.—Not later than 180
 9      days after the date of the enactment of this Act, the
10      Secretary shall submit to the Committees on Armed
11      Services of the Senate and the House of Representa-
12      tives a plan to implement the demonstration project.
13            (2) ANNUAL REPORT.—
14                   (A) IN GENERAL.—Not later than one year
15            after the commencement of the demonstration
16            project, and annually thereafter for the duration
17            of the demonstration project, the Secretary shall
18            submit to the Committees on Armed Services of
19            the Senate and the House of Representatives a
20            report on the cost of the demonstration project
21            and the effectiveness of the demonstration project
22            in improving quality of care and the maternal
23            and fetal outcomes of covered beneficiaries en-
24            rolled in the demonstration project.




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 1                   (B) MATTERS COVERED.—Each report sub-
 2            mitted under subparagraph (A) shall address, at
 3            a minimum, the following:
 4                        (i) The number of covered beneficiaries
 5                   who are enrolled in the demonstration
 6                   project.
 7                        (ii) The number of enrolled covered
 8                   beneficiaries who have participated in the
 9                   demonstration project.
10                        (iii) The results of the surveys under
11                   subsection (f).
12                        (iv) The cost of the demonstration
13                   project.
14                        (v) An assessment of the quality of care
15                   provided to participants in the demonstra-
16                   tion project.
17                        (vi) An assessment of the impact of the
18                   demonstration project on maternal and fetal
19                   outcomes.
20                        (vii) An assessment of the effectiveness
21                   of the demonstration project.
22                        (viii) Recommendations for adjust-
23                   ments to the demonstration project.




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 1                         (ix) The estimated costs avoided as a
 2                   result of improved maternal and fetal health
 3                   outcomes due to the demonstration project.
 4                         (x) Recommendations for extending the
 5                   demonstration project or implementing per-
 6                   manent coverage under the TRICARE pro-
 7                   gram of extramedical maternal health pro-
 8                   viders.
 9                         (xi) An identification of legislative or
10                   administrative action necessary to make the
11                   demonstration project permanent.
12                   (C) FINAL REPORT.—The final report under
13            subparagraph (A) shall be submitted not later
14            than 90 days after the termination of the dem-
15            onstration project.
16      (g) EXPANSION OF DEMONSTRATION PROJECT.—
17            (1) REGULATIONS.—If the Secretary determines
18      that the demonstration project is successful, the Sec-
19      retary       may       prescribe   regulations    to     include
20      extramedical maternal health providers as health care
21      providers authorized to provide care under the
22      TRICARE program.
23            (2) CREDENTIALING            AND    OTHER        REQUIRE-

24      MENTS.—The         Secretary may establish credentialing
25      and other requirements for doulas and lactation con-


     † HR 6395 EAS
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 1       sultants through public notice and comment rule-
 2       making for purposes of including doulas and lacta-
 3       tion consultations as health care providers authorized
 4       to provide care under the TRICARE program pursu-
 5       ant to regulations prescribed under paragraph (1).
 6       (h) DEFINITIONS.—In this section:
 7             (1) EXTRAMEDICAL           MATERNAL HEALTH PRO-

 8       VIDER.—The term ‘‘extramedical maternal health pro-

 9       vider’’ means a doula or lactation consultant.
10             (2)     COVERED        BENEFICIARY;    TRICARE      PRO-

11       GRAM.—The            terms    ‘‘covered   beneficiary’’   and
12       ‘‘TRICARE program’’ have the meanings given those
13       terms in section 1072 of title 10, United States Code.
14   SEC. 707. PILOT PROGRAM ON RECEIPT OF NON-GENERIC

15                    PRESCRIPTION MAINTENANCE MEDICATIONS

16                    UNDER TRICARE PHARMACY BENEFITS PRO-

17                    GRAM.

18       (a) REQUIREMENT.—The Secretary of Defense shall
19 carry out a pilot program under which eligible covered
20 beneficiaries may elect to receive non-generic prescription
21 maintenance medications selected under subsection (c)
22 through military treatment facility pharmacies, retail
23 pharmacies, or the national mail-order pharmacy program,
24 notwithstanding section 1074g(a)(9) of title 10, United
25 States Code.


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 1       (b) DURATION.—The Secretary shall carry out the
 2 pilot program for a three-year period beginning not later
 3 than March 1, 2021.
 4       (c) SELECTION OF MEDICATION.—The Secretary shall
 5 select non-generic prescription maintenance medications
 6 described in section 1074g(a)(9)(C)(i) of title 10, United
 7 States Code, to be covered by the pilot program.
8        (d) USE OF VOLUNTARY REBATES.—
 9             (1) REQUIREMENT.—In carrying out the pilot
10       program, the Secretary shall seek to renew and mod-
11       ify contracts described in paragraph (2) in a manner
12       that—
13                    (A) includes for purposes of the pilot pro-
14             gram retail pharmacies as a point of sale for the
15             non-generic prescription maintenance medica-
16             tion covered by the contract; and
17                    (B) provides the manufacturer with the op-
18             tion to provide voluntary rebates for such medi-
19             cations at retail pharmacies.
20             (2) CONTRACTS DESCRIBED.—The contracts de-
21       scribed in this paragraph are contracts for the pro-
22       curement of non-generic prescription maintenance
23       medications selected under subsection (c) that are eli-
24       gible for renewal during the period in which the pilot
25       program is carried out.


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 1       (e) NOTIFICATION.—In providing each eligible covered
 2 beneficiary with an explanation of benefits, the Secretary
 3 shall notify the beneficiary of whether the medication that
 4 the beneficiary is prescribed is covered by the pilot program.
 5       (f) BRIEFING AND REPORTS.—
 6             (1) BRIEFING.—Not later than 90 days after the
 7       date of the enactment of this Act, the Secretary shall
 8       brief the congressional defense committees on the im-
 9       plementation of the pilot program.
10             (2) INTERIM REPORT.—Not later than 18 months
11       after the commencement of the pilot program, the Sec-
12       retary shall submit to the congressional defense com-
13       mittees a report on the pilot program.
14             (3) COMPTROLLER GENERAL REPORT.—
15                    (A) IN GENERAL.—Not later than March 1,
16             2024, the Comptroller General of the United
17             States shall submit to the congressional defense
18             committees a report on the pilot program.
19                    (B) ELEMENTS.—The report required by
20             subparagraph (A) shall include the following:
21                        (i) The number of eligible covered bene-
22                    ficiaries who participated in the pilot pro-
23                    gram and an assessment of the satisfaction
24                    of such beneficiaries with the pilot program.




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 1                        (ii) The rate by which eligible covered
 2                   beneficiaries elected to receive non-generic
 3                   prescription maintenance medications at a
 4                   retail pharmacy pursuant to the pilot pro-
 5                   gram, and how such rate affected military
 6                   treatment facility pharmacies and the na-
 7                   tional mail-order pharmacy program.
 8                        (iii) The amount of cost savings real-
 9                   ized by the pilot program, including with
10                   respect to—
11                             (I) dispensing fees incurred at re-
12                        tail pharmacies compared to the na-
13                        tional mail-order pharmacy program
14                        for brand name prescription drugs;
15                             (II) administrative fees;
16                             (III) any costs paid by the United
17                        States for the drugs in addition to the
18                        procurement costs;
19                             (IV) the use of military treatment
20                        facilities; and
21                             (V) copayments paid by eligible
22                        covered beneficiaries.
23                        (iv) A comparison of supplemental re-
24                   bates between retail pharmacies and other
25                   points of sale.


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 1       (g) RULE OF CONSTRUCTION.—Nothing in this section
 2 may be construed to affect the ability of the Secretary to
 3 carry out section 1074g(a)(9)(C) of title 10, United States
 4 Code, after the date on which the pilot program is com-
 5 pleted.
 6       (h) DEFINITIONS.—In this section:
 7              (1) The term ‘‘eligible covered beneficiary’’ has
 8       the meaning given that term in section 1074g(i) of
 9       title 10, United States Code.
10              (2) The terms ‘‘military treatment facility phar-
11       macies’’, ‘‘retail pharmacies’’, and ‘‘the national
12       mail-order pharmacy program’’ mean the methods for
13       receiving prescription drugs as described in clauses
14       (i),    (ii),   and   (iii),   respectively,   of   section
15       1074g(a)(2)(E) of title 10, United States Code.
16              Subtitle B—Health Care
17                  Administration
18   SEC. 721. MODIFICATIONS TO TRANSFER OF ARMY MEDICAL

19                    RESEARCH AND DEVELOPMENT COMMAND

20                    AND PUBLIC HEALTH COMMANDS TO DE-

21                    FENSE HEALTH AGENCY.

22       (a) DELAY OF TRANSFER.—
23              (1) IN GENERAL.—Section 1073c(e) of title 10,
24       United States Code, is amended, in the matter pre-




      † HR 6395 EAS
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 1      ceding paragraph (1), by striking ‘‘September 30,
 2      2022’’ and inserting ‘‘September 30, 2024’’.
 3            (2) CONFORMING AMENDMENTS.—Section 737 of
 4      the National Defense Authorization Act for Fiscal
 5      Year 2020 (Public Law 116–92) is amended, in sub-
 6      sections (a) and (c), by striking ‘‘September 30,
 7      2022’’ and inserting ‘‘September 30, 2024’’ each place
 8      it appears.
 9      (b) MODIFICATION TO RESOURCES PRESERVED.—
10 Such section 737 is amended—
11            (1) in the section heading, by striking ‘‘RE-
12      SOURCES’’ and inserting ‘‘INFRASTRUCTURE AND

13      PERSONNEL’’; and

14            (2) in subsection (a)—
15                   (A) by striking ‘‘resources’’ and inserting
16            ‘‘infrastructure and personnel’’; and
17                   (B) by striking ‘‘, which shall include man-
18            power and funding, at not less than the level of
19            such resources’’.
20      (c) ELIMINATION OF TRANSFER OF FUNDS.—Such sec-
21 tion 737 is further amended by—
22            (1) striking subsection (b); and
23            (2) redesignating subsection (c) as subsection (b).
24      (d) CHANGE OF NAME OF COMMAND.—




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                                       421
 1                (1)        DELAY            OF         TRANSFER.—Section

 2         1073c(e)(1)(B) of title 10, United States Code, is
 3         amended by striking ‘‘Materiel’’ and inserting ‘‘Devel-
 4         opment’’.
 5                (2) PRESERVATION             OF INFRASTRUCTURE AND

 6         PERSONNEL.—Section              737 of the National Defense
 7         Authorization Act for Fiscal Year 2020 (Public Law
 8         116–92) is amended—
 9                       (A) in the section heading, by striking ‘‘MA-
10                TERIEL’’ and inserting ‘‘DEVELOPMENT’’; and

11                       (B) by striking ‘‘Materiel’’ each place it ap-
12                pears and inserting ‘‘Development’’.
13         (e) CLERICAL AMENDMENT.—The table of contents for
14 the National Defense Authorization Act for Fiscal Year
15 2020 is amended by striking the item relating to section
16 737 and inserting the following new item:
     ‘‘Sec. 737. Preservation of infrastructure and personnel of the Army Medical Re-
                       search and Development Command and continuation as Center
                       of Excellence.’’.

17   SEC. 722. DELAY OF APPLICABILITY OF ADMINISTRATION

18                      OF TRICARE DENTAL PLANS THROUGH FED-

19                      ERAL EMPLOYEES DENTAL AND VISION IN-

20                      SURANCE PROGRAM.

21         Section 713(c) of the John S. McCain National Defense
22 Authorization Act for Fiscal Year 2019 (Public Law 115–
23 232; 5 U.S.C. 8951 note) is amended by striking ‘‘January
24 1, 2022’’ and inserting ‘‘January 1, 2023’’.
       † HR 6395 EAS
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 1   SEC. 723. AUTHORITY OF SECRETARY OF DEFENSE TO

 2                    WAIVE REQUIREMENTS DURING NATIONAL

 3                    EMERGENCIES FOR PURPOSES OF PROVISION

 4                    OF HEALTH CARE.

 5       (a) IN GENERAL.—Chapter 55 of title 10, United
 6 States Code, is amended by inserting after section 1073d
 7 the following new section:
 8 ‘‘§ 1073e. Authority to waive requirements during na-
 9                tional emergencies

10       ‘‘(a) PURPOSE.—The purpose of this section is to en-
11 able the Secretary of Defense to ensure, to the maximum
12 extent feasible, in an emergency area during an emergency
13 period—
14             ‘‘(1) that sufficient authorized health care items
15       and services are available to meet the needs of covered
16       beneficiaries in such area eligible for the programs
17       under this chapter; and
18             ‘‘(2) that private sector health care providers au-
19       thorized under the TRICARE program that furnish
20       such authorized items and services in good faith may
21       be reimbursed for such items and services absent any
22       determination of fraud or abuse.
23       ‘‘(b) AUTHORITY.—
24             ‘‘(1) IN GENERAL.—To the extent necessary to
25       accomplish the purpose specified in subsection (a), the
26       Secretary, subject to the provisions of this section,
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 1       may, for a period of 60 days, waive or modify the ap-
 2       plication of the requirements of this chapter or any
 3       regulation prescribed thereunder with respect to
 4       health care items and services furnished by a health
 5       care provider (or class of health care providers) in an
 6       emergency area (or portion of such area) during an
 7       emergency period (or portion of such period), includ-
 8       ing by deferring the termination of status of a covered
 9       beneficiary.
10             ‘‘(2) RENEWAL.—The Secretary may renew a
11       waiver or modification under paragraph (1) for sub-
12       sequent 60-day periods during the duration of the ap-
13       plicable emergency declaration.
14       ‘‘(c) IMPLEMENTATION.—The Secretary may imple-
15 ment any temporary waiver or modification made pursu-
16 ant to this section by program instruction or otherwise.
17       ‘‘(d) RETROACTIVE APPLICATION.—A waiver or modi-
18 fication made pursuant to this section with respect to an
19 emergency period may, at the discretion of the Secretary,
20 be made retroactive to the beginning of the emergency pe-
21 riod or any subsequent date in such period specified by the
22 Secretary.
23       ‘‘(e) SATISFACTION OF PRECONDITIONS FOR STATUS
24   AS COVERED BENEFICIARY.—A deferral under subsection

25 (b) of termination of status of a covered beneficiary may


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 1 be contingent upon retroactive satisfaction by such bene-
 2 ficiary of any premium or enrollment fee payments or other
 3 preconditions for such status.
 4       ‘‘(f) CERTIFICATION.—
 5             ‘‘(1) IN GENERAL.—Not later than two days be-
 6       fore exercising a waiver or modification under sub-
 7       section (b)(1) or renewing a waiver or modification
 8       under subsection (b)(2), the Secretary shall submit to
 9       the Committees on Armed Services of the Senate and
10       the House of Representatives a certification and ad-
11       vance written notice regarding the authority to be ex-
12       ercised.
13             ‘‘(2) MATTERS      INCLUDED.—Certification      and
14       advanced written notice required under paragraph
15       (1) shall include—
16                    ‘‘(A) a description of—
17                        ‘‘(i) the specific provisions of law that
18                    will be waived or modified;
19                        ‘‘(ii) the health care providers to whom
20                    the waiver or modification will apply;
21                        ‘‘(iii) the geographic area in which the
22                    waiver or modification will apply; and
23                        ‘‘(iv) the period of time for which the
24                    waiver or modification will be in effect; and




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 1                     ‘‘(B) a certification that the waiver or
 2             modification is necessary to carry out the pur-
 3             pose specified in subsection (a).
 4         ‘‘(g) TERMINATION OF WAIVER.—A waiver or modi-
 5 fication of requirements pursuant to this section terminates
 6 upon the termination of the applicable emergency declara-
 7 tion.
 8         ‘‘(h) REPORT.—Not later than one year after the end
 9 of an emergency period during which the Secretary exer-
10 cised the authority under this section, the Secretary shall
11 submit to the Committees on Armed Services of the Senate
12 and the House of Representatives a report on the ap-
13 proaches used to accomplish the purpose described in sub-
14 section (a), including an evaluation of such approaches and
15 recommendations for improved approaches should the need
16 for the exercise of such authority arise in the future.
17         ‘‘(i) DEFINITIONS.—In this section:
18             ‘‘(1) EMERGENCY AREA.—The term ‘emergency
19         area’ means a geographical area covered by an emer-
20         gency declaration.
21             ‘‘(2)    EMERGENCY      DECLARATION.—The      term
22         ‘emergency declaration’ means—
23                     ‘‘(A) an emergency or disaster declared by
24             the President pursuant to the National Emer-
25             gencies Act (50 U.S.C. 1601 et seq.) or the Robert


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 1                T. Stafford Disaster Relief and Emergency As-
 2                sistance Act (42 U.S.C. 5121 et seq.); or
 3                       ‘‘(B) a public health emergency declared
 4                pursuant to section 319 of the Public Health
 5                Service Act (42 U.S.C. 247d).
 6                ‘‘(3) EMERGENCY PERIOD.—The term ‘emergency
 7         period’ means the period covered by an emergency
 8         declaration.’’.
 9         (b) CLERICAL AMENDMENT.—The table of sections at
10 the beginning of chapter 55 of such title is amended by in-
11 serting after the item relating to section 1073d the following
12 new item:
     ‘‘1073e. Authority to waive requirements during national emergencies.’’.

13         Subtitle C—Reports and Other
14                    Matters
15   SEC. 741. EXTENSION OF AUTHORITY FOR JOINT DEPART-

16                     MENT OF DEFENSE-DEPARTMENT OF VET-

17                     ERANS       AFFAIRS        MEDICAL        FACILITY       DEM-

18                     ONSTRATION FUND.

19         Section 1704(e) of the National Defense Authorization
20 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat.
21 2573), as most recently amended by section 732(4)(B) of
22 the National Defense Authorization Act for Fiscal Year
23 2020 (Public Law 116–92), is further amended by striking
24 ‘‘September 30, 2021’’ and inserting ‘‘September 30, 2022’’.


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 1   SEC. 742. MEMBERSHIP OF BOARD OF REGENTS OF UNI-

 2                    FORMED   SERVICES   UNIVERSITY   OF   THE

 3                    HEALTH SCIENCES.

 4       (a) IN GENERAL.—Section 2113a(b) of title 10, United
 5 States Code, is amended—
 6             (1) by redesignating paragraphs (3) and (4) as
 7       paragraphs (4) and (5), respectively; and
 8             (2) by inserting after paragraph (2) the fol-
 9       lowing new paragraph:
10             ‘‘(3) the Director of the Defense Health Agency,
11       who shall be an ex officio member;’’.
12       (b) RULE OF CONSTRUCTION.—The amendments made
13 by this section may not be construed to invalidate any ac-
14 tion taken by the Uniformed Services University of the
15 Health Sciences or its Board of Regents prior to the effective
16 date of this section.
17       (c) EFFECTIVE DATE.—The amendments made by this
18 section shall take effect on January 1, 2021.
19   SEC. 743. MILITARY HEALTH SYSTEM CLINICAL QUALITY

20                    MANAGEMENT PROGRAM.

21       (a) IN GENERAL.—The Secretary of Defense, acting
22 through the Director of the Defense Health Agency, shall
23 implement a comprehensive program to be known as the
24 ‘‘Military Health System Clinical Quality Management
25 Program’’ (in this section referred to as the ‘‘Program’’).


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 1      (b) ELEMENTS OF PROGRAM.—The Program shall in-
 2 clude, at a minimum, the following:
 3            (1) The implementation of systematic procedures
 4      to eliminate, to the maximum extent feasible, risk of
 5      harm to patients at military medical treatment fa-
 6      cilities, including through identification, investiga-
 7      tion, and analysis of events indicating a risk of pa-
 8      tient harm and corrective action plans to mitigate
 9      such risks.
10            (2) With respect to a potentially compensable
11      event (including those involving members of the
12      Armed Forces) at a military medical treatment facil-
13      ity—
14                   (A) an analysis of such event, which shall
15            occur and be documented as soon as possible
16            after the event;
17                   (B) use of such analysis for clinical quality
18            management; and
19                   (C) reporting of such event to the National
20            Practitioner Data Bank in accordance with
21            guidelines of the Secretary of Health and
22            Human Services under the Health Care Quality
23            Improvement Act of 1986 (42 U.S.C. 11101 et
24            seq.), giving special emphasis to the results of ex-
25            ternal peer reviews of the event.


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1             (3) Validation of provider credentials and grant-
2       ing of clinical privileges by the Director of the De-
3       fense Health Agency for all health care providers at
4       a military medical treatment facility.
5             (4) Accreditation of military medical treatment
6       facilities by a recognized external accreditation body.
7             (5) Systematic measurement of indicators of
8       health care quality, emphasizing clinical outcome
9       measures, comparison of such indicators with bench-
10      marks from leading health care quality improvement
11      organizations, and transparency with the public of
12      appropriate clinical measurements for military med-
13      ical treatment facilities.
14            (6) Systematic activities emphasized by leader-
15      ship at all organizational levels to use all elements of
16      the Program to eliminate unwanted variance through-
17      out the health care system of the Department of De-
18      fense and make constant improvements in clinical
19      quality.
20            (7) A full range of procedures for productive
21      communication between patients and health care pro-
22      viders regarding actual or perceived adverse clinical
23      events at military medical treatment facilities, in-
24      cluding procedures—




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 1                     (A) for full disclosure of such events (re-
 2             specting the confidentiality of peer review infor-
 3             mation under a medical quality assurance pro-
 4             gram under section 1102 of title 10, United
 5             States Code);
 6                     (B) providing an opportunity for the pa-
 7             tient to be heard in relation to quality reviews;
 8             and
 9                     (C) to resolve patient concerns by inde-
10             pendent, neutral healthcare resolution specialists.
11       (c) ADDITIONAL CLINICAL QUALITY MANAGEMENT AC-
12   TIVITIES.—

13             (1) IN GENERAL.—In addition to the elements of
14       the Program set forth in subsection (b), the Secretary
15       shall establish and maintain clinical quality manage-
16       ment activities in relation to functions of the health
17       care system of the Department separate from delivery
18       of health care services in military medical treatment
19       facilities.
20             (2) HEALTH CARE DELIVERY OUTSIDE MILITARY
21       MEDICAL TREATMENT FACILITIES.—In            carrying out
22       paragraph (1), the Secretary shall maintain policies
23       and procedures to promote clinical quality in health
24       care delivery on ships and planes, in deployed set-
25       tings, and in all other circumstances not covered by


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 1        subsection (b), with the objective of implementing
 2        standards and procedures comparable, to the extent
 3        practicable, to those under such subsection.
 4              (3) PURCHASED CARE SYSTEM.—In carrying out
 5        paragraph (1), the Secretary shall maintain policies
 6        and procedures for health care services provided out-
 7        side the Department but paid for by the Department,
 8        reflecting best practices by public and private health
 9        care reimbursement and management systems.
10        (d) MILITARY MEDICAL TREATMENT FACILITY DE-
11   FINED.—In this section, the term ‘‘military medical treat-

12 ment facility’’ means any fixed facility or portion thereof
13 of the Department of Defense that is outside of a deployed
14 environment and used primarily for health care.
15   SEC. 744. MODIFICATIONS TO PILOT PROGRAM ON CIVILIAN

16                     AND MILITARY PARTNERSHIPS TO ENHANCE

17                     INTEROPERABILITY AND MEDICAL SURGE CA-

18                     PABILITY AND CAPACITY OF NATIONAL DIS-

19                     ASTER MEDICAL SYSTEM.

20        Section 740 of the National Defense Authorization Act
21 for Fiscal Year 2020 (Public Law 116–92) is amended—
22              (1) in subsection (a)—
23                      (A) by striking ‘‘The Secretary of Defense
24              may’’ and inserting ‘‘Beginning not later than




       † HR 6395 EAS
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 1             September 30, 2021, the Secretary of Defense
 2             shall’’; and
 3                    (B) by striking ‘‘health care organizations,
 4             institutions, and entities’’ and inserting ‘‘health
 5             care organizations, health care institutions,
 6             health care entities, academic medical centers of
 7             institutions of higher education, and hospitals’’;
 8             and
 9                    (C) by striking ‘‘in the vicinity of major
10             aeromedical and other transport hubs and logis-
11             tics centers of the Department of Defense’’;
12             (2) by striking subsection (c) and inserting the
13       following new subsections:
14       ‘‘(c) LEAD OFFICIAL FOR DESIGN AND IMPLEMENTA-
15   TION OF PILOT PROGRAM.—

16             ‘‘(1) IN GENERAL.—The Assistant Secretary of
17       Defense for Health Affairs shall be the lead official for
18       design and implementation of the pilot program
19       under subsection (a).
20             ‘‘(2) RESOURCES.—The Assistant Secretary of
21       Defense for Health Affairs shall leverage the resources
22       of the Defense Health Agency for execution of the pilot
23       program under subsection (a) and shall coordinate
24       with the Chairman of the Joint Chiefs of Staff




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 1      throughout the planning and duration of the pilot
 2      program.
 3      ‘‘(d) LOCATIONS.—
 4            ‘‘(1) IN   GENERAL.—The    Secretary of Defense
 5      shall carry out the pilot program under subsection (a)
 6      at not fewer than five locations in the United States
 7      that are located at or near locations with established
 8      expertise in disaster health preparedness and response
 9      and trauma care that augment and enhance the effec-
10      tiveness of the pilot program.
11            ‘‘(2) PHASED SELECTION OF LOCATIONS.—
12                   ‘‘(A) INITIAL SELECTION.—Not later than
13            the earlier of the date that is 180 days after the
14            date of the enactment of this Act or March 31,
15            2021, the Assistant Secretary of Defense for
16            Health Affairs, in consultation with the Sec-
17            retary of Veterans Affairs, the Secretary of
18            Health and Human Services, the Secretary of
19            Homeland Security, and the Secretary of Trans-
20            portation, shall select not fewer than two loca-
21            tions at which to carry out the pilot program.
22                   ‘‘(B) SUBSEQUENT SELECTION.—Not later
23            than the end of each one-year period following
24            selection of locations under subparagraph (A),
25            the Assistant Secretary of Defense for Health Af-


     † HR 6395 EAS
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1             fairs, in consultation with the Secretary of Vet-
2             erans Affairs, the Secretary of Health and
3             Human Services, the Secretary of Homeland Se-
4             curity, and the Secretary of Transportation,
5             shall select not fewer than two additional loca-
6             tions at which to carry out the pilot program
7             until not fewer than five locations are selected in
8             total.
 9            ‘‘(3) CONSIDERATION AND PRIORITY FOR LOCA-
10      TIONS.—In selecting locations for the pilot program

11      under subsection (a), the Secretary shall—
12                   ‘‘(A) consider—
13                        ‘‘(i) the proximity of the location to ci-
14                   vilian or military transportation hubs, in-
15                   cluding airports, railways, interstate high-
16                   ways, or ports;
17                        ‘‘(ii) the ability of the location to ac-
18                   cept a redistribution of casualties during
19                   times of war;
20                        ‘‘(iii) the ability of the location to pro-
21                   vide trauma care training opportunities for
22                   medical personnel of the Department of De-
23                   fense; and
24                        ‘‘(iv) the proximity of the location to
25                   existing academic medical centers of insti-


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1                    tutions of higher education, facilities of the
2                    Department, or other institutions that have
3                    established expertise in the areas of—
4                               ‘‘(I) highly infectious disease;
5                               ‘‘(II) biocontainment;
6                               ‘‘(III) quarantine;
7                               ‘‘(IV) trauma care;
8                               ‘‘(V) combat casualty care;
9                               ‘‘(VI) the National Disaster Med-
10                        ical System under section 2812 of the
11                        Public Health Service Act (42 U.S.C.
12                        300hh–11);
13                              ‘‘(VII) disaster health prepared-
14                        ness and response;
15                              ‘‘(VIII) medical and public health
16                        management of biological, chemical,
17                        radiological, or nuclear hazards; or
18                              ‘‘(IX) such other areas of expertise
19                        as the Secretary considers appropriate;
20                        and
21                   ‘‘(B) give priority to public-private part-
22            nerships with academic medical centers of insti-
23            tutions of higher education, hospitals, and other
24            entities with facilities that have an established
25            history of providing clinical care, treatment,


     † HR 6395 EAS
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1             training, and research in the areas described in
2             subparagraph (A)(ii) or other specializations de-
3             termined important by the Secretary for pur-
4             poses of the pilot program.’’;
5             (3) by redesignating subsections (d) through (f)
6       as subsections (e) through (g), respectively;
7             (4) in subsection (g), as redesignated by para-
8       graph (3)—
9                    (A) in paragraph (1)—
10                       (i) in subparagraph (A), by striking
11                   ‘‘the commencement of the pilot program
12                   under subsection (a)’’ and inserting ‘‘the
13                   initial selection of locations for the pilot
14                   program under subsection (d)(2)(A)’’; and
15                       (ii) in subparagraph (B)—
16                            (I) in clause (ii), by striking
17                       ‘‘subsection (d)’’ and inserting ‘‘sub-
18                       section (e)’’;
19                            (II) in clause (iii), by striking
20                       ‘‘subsection (e)’’ and inserting ‘‘sub-
21                       section (f)’’; and
22                   (B) in paragraph (2)(B)(iv), by striking
23            ‘‘the authority for’’; and
24            (5) by adding at the end the following new sub-
25      section:


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 1        ‘‘(h) INSTITUTION       OF   HIGHER EDUCATION DE-
 2   FINED.—In this section, the term ‘institution of higher edu-

 3 cation’ means a four-year institution of higher education,
 4 as defined in section 101(a) of the Higher Education Act
 5 of 1965 (20 U.S.C. 1001(a)).’’.
 6   SEC. 745. STUDY ON FORCE MIX OPTIONS AND SERVICE

 7                     MODELS TO ENHANCE READINESS OF MED-

 8                     ICAL FORCE OF THE ARMED FORCES TO PRO-

 9                     VIDE COMBAT CASUALTY CARE.

10        (a) STUDY REQUIRED.—Not later than 30 days after
11 the date of the enactment of this Act, the Secretary of De-
12 fense shall seek to enter into an agreement with a federally
13 funded research and development center or other inde-
14 pendent entity to perform a study on force mix options and
15 service models (including traditional and nontraditional
16 active and reserve models) to optimize the readiness of the
17 medical force of the Armed Forces to deliver combat care
18 on the battlefield.
19        (b) ISSUES TO BE ADDRESSED.—The study required
20 by subsection (a) shall include, at a minimum—
21              (1) with respect to options relating to members
22        of the Armed Forces on active duty—
23                      (A) a review of existing models for such
24              members who are medical professionals to sup-




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1             port clinical readiness skills by serving in civil-
2             ian trauma centers;
3                    (B) an assessment of the extent to which ex-
4             isting models can be optimized, standardized,
5             and scaled to address current readiness short-
6             falls; and
7                    (C) an evaluation of the cost and effective-
8             ness of alternative models for such members who
9             are medical professionals to serve in civilian
10            trauma centers; and
11            (2) with respect to options relating to members
12      of the reserve components of the Armed Forces—
13                   (A) a review of existing models for such
14            members of the reserve components who are med-
15            ical professionals to support clinical readiness
16            skills by serving in civilian trauma centers;
17                   (B) an assessment of the extent to which ex-
18            isting models can be optimized, standardized,
19            and scaled to address current readiness short-
20            falls; and
21                   (C) an evaluation of the cost and effective-
22            ness of alternative models for such members of
23            the reserve components who are medical profes-
24            sionals to serve in civilian trauma centers.




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 1       (c) REPORT.—Not later than 15 months after the date
 2 of the enactment of this Act, the Secretary shall submit to
 3 the Committees on Armed Services of the Senate and the
 4 House of Representatives a report on the findings and rec-
 5 ommendations of the independent study required by sub-
 6 section (a).
 7   SEC. 746. COMPTROLLER GENERAL STUDY ON DELIVERY OF

 8                    MENTAL HEALTH SERVICES TO MEMBERS OF

 9                    THE RESERVE COMPONENTS OF THE ARMED

10                    FORCES.

11       (a) IN GENERAL.—The Comptroller General of the
12 United States shall conduct a study on the delivery of Fed-
13 eral, State, and private mental health services to members
14 of the reserve components.
15       (b) ELEMENTS.—The study conducted under sub-
16 section (a) shall—
17             (1) identify all programs, coverage, and costs as-
18       sociated with services described in such subsection;
19             (2) specify gaps or barriers to access that could
20       result in delayed or insufficient mental health care
21       support to members of the reserve components.
22             (3) evaluate the mental health screening require-
23       ments for members of the reserve components imme-
24       diately before, during, and after—




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 1                     (A) Federal deployment under title 10,
 2             United States Code; or
 3                     (B) State deployment under title 32, United
 4             States Code; and
 5             (4) provide recommendations when practicable to
 6       strengthen the reintegration of members of the reserve
 7       components, including an assessment of the effective-
 8       ness of making programming mandatory.
 9       (c) REPORT.—Not later than one year after the date
10 of the enactment of this Act, the Comptroller General shall
11 submit to the Committees on Armed Services of the Senate
12 and the House of Representatives a report on the study con-
13 ducted under subsection (a).
14       (d) RESERVE COMPONENT DEFINED.—In this section,
15 the term ‘‘reserve component’’ means a reserve component
16 of the Armed Forces named in section 10101 of title 10,
17 United States Code.
18   SEC. 747. REVIEW AND REPORT ON PREVENTION OF SUI-

19                    CIDE   AMONG     MEMBERS   OF   THE   ARMED

20                    FORCES STATIONED AT REMOTE INSTALLA-

21                    TIONS OUTSIDE THE CONTIGUOUS UNITED

22                    STATES.

23       (a) REVIEW REQUIRED.—The Comptroller General of
24 the United States shall conduct a review of efforts by the




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 1 Department of Defense to prevent suicide among members
 2 of the Armed Forces stationed at covered installations.
 3       (b) ELEMENTS OF REVIEW.—The review conducted
 4 under subsection (a) shall include an assessment of each of
 5 the following:
 6             (1) Current policy guidelines of the Armed
 7       Forces on the prevention of suicide among members of
 8       the Armed Forces stationed at covered installations.
 9             (2) Current suicide prevention programs of the
10       Armed Forces and activities for members of the
11       Armed Forces stationed at covered installations and
12       their dependents, including programs provided by the
13       Defense Health Program and the Office of Suicide
14       Prevention.
15             (3) The integration of mental health screenings
16       and suicide risk and prevention efforts for members of
17       the Armed Forces stationed at covered installations
18       and their dependents into the delivery of primary
19       care for such members and dependents.
20             (4) The standards for responding to attempted or
21       completed suicides among members of the Armed
22       Forces stationed at covered installations and their de-
23       pendents, including guidance and training to assist
24       commanders in addressing incidents of attempted or
25       completed suicide within their units.


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 1            (5) The standards regarding data collection for
 2      members of the Armed Forces stationed at covered in-
 3      stallations and their dependents, including related
 4      factors such as domestic violence and child abuse.
 5            (6) The means to ensure the protection of pri-
 6      vacy of members of the Armed Forces stationed at
 7      covered installations and their dependents who seek or
 8      receive treatment related to suicide prevention.
 9            (7) The availability of information from indige-
10      nous populations on suicide prevention for members
11      of the Armed Forces stationed at covered installations
12      who are members of such a population.
13            (8) The availability of information from grad-
14      uate research programs of institutions of higher edu-
15      cation on suicide prevention for members of the
16      Armed Forces.
17            (9) Such other matters as the Comptroller Gen-
18      eral considers appropriate in connection with the pre-
19      vention of suicide among members of the Armed
20      Forces stationed at covered installations and their de-
21      pendents.
22      (c) BRIEFING AND REPORT.—The Comptroller General
23 shall—
24            (1) not later than October 1, 2021, brief the
25      Committees on Armed Services of the Senate and the


     † HR 6395 EAS
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 1       House of Representatives on preliminary observations
 2       relating to the review conducted under subsection (a);
 3       and
 4             (2) not later than March 1, 2022, submit to the
 5       Committees on Armed Services of the Senate and the
 6       House of Representatives a report containing the re-
 7       sults of such review.
 8       (d) COVERED INSTALLATION DEFINED.—In this sec-
 9 tion, the term ‘‘covered installation’’ means a remote instal-
10 lation of the Department of Defense outside the contiguous
11 United States.
12   SEC. 748. AUDIT OF MEDICAL CONDITIONS OF TENANTS IN

13                    PRIVATIZED MILITARY HOUSING.

14       (a) IN GENERAL.—Not later than 90 days after the
15 date of the enactment of this Act, the Inspector General of
16 the Department of Defense shall commence the conduct of
17 an audit of the medical conditions of eligible individuals
18 and the association between adverse exposures of such indi-
19 viduals in unsafe or unhealthy housing units and the health
20 of such individuals.
21       (b) CONTENT OF AUDIT.—The audit conducted under
22 subsection (a) shall—
23             (1)     determine    the   percentage   of   units   of
24       privatized military housing that are unsafe or
25       unhealthy housing units;


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 1            (2) study the adverse exposures of eligible indi-
 2      viduals that relate to residing in an unsafe or
 3      unhealthy housing unit and the effect of such expo-
 4      sures on the health of such individuals; and
 5            (3) determine the association, to the extent per-
 6      mitted by available scientific data, and provide quan-
 7      tifiable data on such association, between such ad-
 8      verse exposures and the occurrence of a medical condi-
 9      tion in eligible individuals residing in unsafe or
10      unhealthy housing units.
11      (c) CONDUCT OF AUDIT.—The Inspector General of the
12 Department shall conduct the audit under subsection (a)
13 using the same privacy preserving guidelines used by the
14 Inspector General in conducting other audits of health
15 records.
16      (d) SOURCE OF DATA.—In conducting the audit under
17 subsection (a), the Inspector General of the Department
18 shall use—
19            (1) de-identified data from electronic health
20      records of the Department;
21            (2) records of claims under the TRICARE pro-
22      gram (as defined in section 1072(7) of title 10,
23      United States Code); and
24            (3) such other data as determined necessary by
25      the Inspector General.


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                               445
 1       (e) SUBMITTAL AND PUBLIC AVAILABILITY OF RE-
 2   PORT.—Not later than one year after the commencement of

 3 the audit under subsection (a), the Inspector General of the
 4 Department shall—
 5               (1) submit to the Secretary of Defense and the
 6       Committees on Armed Services of the Senate and the
 7       House of Representatives a report on the results of the
 8       audit conducted under subsection (a); and
 9               (2) publish such report on a publicly available
10       internet website of the Department of Defense.
11       (f) DEFINITIONS.—In this section:
12               (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible
13       individual’’ means a member of the Armed Forces or
14       a family member of a member of the Armed Forces
15       who has resided in an unsafe or unhealthy housing
16       unit.
17               (2) PRIVATIZED MILITARY HOUSING.—The term
18       ‘‘privatized military housing’’ means military hous-
19       ing provided under subchapter IV of chapter 169 of
20       title 10, United States Code.
21               (3) UNSAFE OR UNHEALTHY HOUSING UNIT.—
22       The term ‘‘unsafe or unhealthy housing unit’’ means
23       a unit of privatized military housing in which, at
24       any given time, at least one of the following hazards
25       is present:


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 1                     (A) Physiological hazards, including the fol-
 2             lowing:
 3                         (i) Dampness or microbial growth.
 4                         (ii) Lead-based paint.
 5                         (iii) Asbestos or manmade fibers.
 6                         (iv) Ionizing radiation.
 7                         (v) Biocides.
 8                         (vi) Carbon monoxide.
 9                         (vii) Volatile organic compounds.
10                         (viii) Infectious agents.
11                         (ix) Fine particulate matter.
12                     (B) Psychological hazards, including ease of
13             access by unlawful intruders or lighting issues.
14                     (C) Poor ventilation.
15                     (D) Safety hazards.
16                     (E) Other hazards as determined by the In-
17             spector General of the Department.
18   SEC. 749. COMPTROLLER GENERAL STUDY ON PRENATAL

19                    AND POSTPARTUM MENTAL HEALTH CONDI-

20                    TIONS AMONG MEMBERS OF THE ARMED

21                    FORCES AND THEIR DEPENDENTS.

22       (a) STUDY.—
23             (1) IN GENERAL.—The Comptroller General of
24       the United States shall conduct a study on prenatal
25       and postpartum mental health conditions among


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1       members of the Armed Forces and dependents of such
2       members.
 3            (2) ELEMENTS.—The study required under para-
 4      graph (1) shall include the following:
 5                   (A) An assessment of the extent to which
 6            beneficiaries under the TRICARE program, in-
 7            cluding members of the Armed Forces and de-
 8            pendents of such members, are diagnosed with
 9            prenatal or postpartum mental health condi-
10            tions, including—
11                         (i) prenatal or postpartum depression;
12                         (ii) prenatal or postpartum anxiety
13                   disorder;
14                         (iii) prenatal or postpartum obsessive
15                   compulsive disorder;
16                         (iv) prenatal or postpartum psychosis;
17                   and
18                         (v) other relevant mood disorders.
19                   (B) A demographic assessment of the popu-
20            lation included in the study with respect to race,
21            ethnicity, sex, age, relationship status, military
22            service, military occupation, and rank, where
23            applicable.
24                   (C) An assessment of the status of prenatal
25            and postpartum mental health care for bene-


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1             ficiaries under the TRICARE program, includ-
2             ing those who seek care at military medical
3             treatment facilities and those who rely on civil-
4             ian providers.
5                    (D) An assessment of the ease or delay for
6             beneficiaries under the TRICARE program in
7             obtaining      treatment    for    prenatal    and
8             postpartum mental health conditions, includ-
9             ing—
10                        (i) an assessment of wait times for
11                   mental health treatment at each military
12                   medical treatment facility; and
13                        (ii) a description of the reasons such
14                   beneficiaries may cease seeking such treat-
15                   ment.
16                   (E) A comparison of the rates of prenatal or
17            postpartum mental health conditions within the
18            military community to such rates in the civilian
19            population, as reported by the Centers for Dis-
20            ease Control and Prevention.
21                   (F) An assessment of any effects of implicit
22            or explicit bias in prenatal and postpartum
23            mental health care under the TRICARE pro-
24            gram, or evidence of racial or socioeconomic bar-
25            riers to such care.


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 1       (b) REPORT.—Not later than one year after the date
 2 of the enactment of this Act, the Comptroller General shall
 3 submit to the Committees on Armed Services of the Senate
 4 and the House of Representatives a report on the findings
 5 of the study conducted under subsection (a), including—
 6             (1) recommendations for actions to be taken by
 7       the Secretary of Defense to improve prenatal and
 8       postpartum mental health among members of the
 9       Armed Forces and dependents of such members; and
10             (2) such other recommendations as the Comp-
11       troller General determines appropriate.
12       (c) DEFINITIONS.—In this section, the terms ‘‘depend-
13 ent’’ and ‘‘TRICARE program’’ have the meanings given
14 those terms in section 1072 of title 10, United States Code.
15   SEC. 750. PLAN FOR EVALUATION OF FLEXIBLE SPENDING

16                    ACCOUNT OPTIONS FOR MEMBERS OF THE

17                    UNIFORMED SERVICES AND THEIR FAMILIES.

18       (a) IN GENERAL.—Not later than March 1, 2021, the
19 Secretary of Defense shall submit to the congressional de-
20 fense committees a plan to evaluate flexible spending ac-
21 count options that allow pre-tax payment of health and
22 dental insurance premiums, out-of-pocket health care ex-
23 penses, and dependent care expenses for members of the uni-
24 formed services and their family members, including an




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 1 identification of any legislative or administrative barriers
 2 to achieving the implementation of such options.
 3       (b) UNIFORMED SERVICES DEFINED.—In this section,
 4 the term ‘‘uniformed services’’ has the meaning given that
 5 term in section 101 of title 37, United States Code.
 6   SEC. 751. ASSESSMENT OF RECEIPT BY CIVILIANS OF EMER-

 7                    GENCY MEDICAL TREATMENT AT MILITARY

 8                    MEDICAL TREATMENT FACILITIES.

 9       (a) ASSESSMENT.—Not later than one year after the
10 date of the enactment of this Act, the Comptroller General
11 of the United States shall complete an assessment of the pro-
12 vision by the Department of Defense of emergency medical
13 treatment to civilians who are not covered beneficiaries at
14 military medical treatment facilities during the period be-
15 ginning on October 1, 2015, and ending on September 30,
16 2020.
17       (b) ELEMENTS        OF    ASSESSMENT.—The assessment
18 completed under subsection (a) shall include, with respect
19 to civilians who received emergency medical treatment at
20 a military medical treatment facility during the period
21 specified in such paragraph, the following:
22             (1) The total fees charged to such civilians for
23       such treatment and the total fees collected.
24             (2) The amount of medical debt from such treat-
25       ment that was garnished from such civilians, cat-


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 1      egorized by garnishment from Social Security bene-
 2      fits, tax refunds, wages, or other financial asset.
 3            (3) The number of such civilians from whom
 4      medical debt from such treatment was garnished.
 5            (4) The total fees for such treatment that were
 6      waived for such civilians.
 7            (5) With respect to medical debt incurred by
 8      such civilians from such treatment—
 9                   (A) the amount of such debt that was col-
10            lected by the Department of Defense;
11                   (B) the amount of such debt still owed to
12            the Department; and
13                   (C) the amount of debt transferred from the
14            Department of Defense to the Department of the
15            Treasury for collection.
16            (6) The number of such civilians from whom
17      such medical debt was collected who did not possess
18      medical insurance at the time of such treatment.
19            (7) The number of such civilians from whom
20      such medical debt was collected who collected Social
21      Security benefits at the time of such treatment.
22            (8) The number of such civilians from whom
23      such medical debt was collected who, at the time of
24      such treatment, earned—
25                   (A) less than the poverty line;


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 1                       (B) less than 200 percent of the poverty
 2               line;
 3                       (C) less than 300 percent of the poverty
 4               line; and
 5                       (D) less than 400 percent of the poverty
 6               line.
 7               (9) An assessment of the process through which
 8       military medical treatment facilities seek to recover
 9       unpaid medical debt from such civilians, including
10       whether the Department of Defense contracts with pri-
11       vate debt collectors to recover such unpaid medical
12       debt.
13               (10) An assessment of the process, if any,
14       through which such civilians can apply to have med-
15       ical debt for such treatment waived, forgiven, can-
16       celed, or otherwise determined to not be a financial
17       obligation of the civilian.
18               (11) Such other information as the Comptroller
19       General determines appropriate.
20       (c) REPORT.—Not later than 180 days after the com-
21 pletion of the assessment under subsection (a), the Comp-
22 troller General shall submit to the Committees on Armed
23 Services of the Senate and the House of Representatives a
24 report containing the results of the assessment.
25       (d) DEFINITIONS.—In this section:


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 1             (1) CIVILIAN.—The term ‘‘civilian’’ means an
 2       individual who is not—
 3                     (A) a member of the Armed Forces;
 4                     (B) a contractor of the Department of De-
 5             fense; or
 6                     (C) a civilian employee of the Department.
 7             (2) COVERED BENEFICIARY.—The term ‘‘covered
 8       beneficiary’’ has the meaning given that term in sec-
 9       tion 1072(5) of title 10, United States Code.
10             (3) POVERTY LINE.—The term ‘‘poverty line’’
11       has the meaning given that term in section 673 of the
12       Community Services Block Grant Act (42 U.S.C.
13       9902).
14   SEC. 752. REPORT ON BILLING PRACTICES FOR HEALTH

15                    CARE FROM DEPARTMENT OF DEFENSE.

16       (a) FINDINGS.—Congress finds the following:
17             (1) Through the TRICARE program, the Depart-
18       ment of Defense provides health care benefits and
19       services to approximately 9,500,000 beneficiaries.
20             (2) The Department of Defense is not structured
21       as a typical health care provider, which can lead to
22       complicated billing practices and strict deadlines for
23       members of the Armed Forces, former members of the
24       Armed Forces, and their dependents, as well as for
25       providers.


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 1             (3) Numerous findings issued by the Inspector
 2       General of the Department of Defense between 2014
 3       and 2019 describe the third-party collection program
 4       of the Department as inadequately managed, result-
 5       ing in substantial uncollected funds that could be used
 6       to improve the quality of health care at military med-
 7       ical treatment facilities.
 8             (4) Numerous press reports have found that the
 9       Federal Government aggressively collects unpaid debts
10       from uninsured or low-income civilian patients who
11       happen to receive treatment at a military medical
12       treatment facility, even though providing that treat-
13       ment often benefits military readiness by providing
14       experience to military medical professionals.
15       (b) SENSE OF CONGRESS.—It is the sense of Congress
16 that it is in the national interest of the United States to
17 ensure members of the Armed Forces, former members of
18 the Armed Forces, and their dependents receive high-quality
19 health care, and that Federal agencies prioritize fairness
20 and accessibility when administering health care.
21       (c) REPORT.—
22             (1) IN GENERAL.—Not later than one year after
23       the date of the enactment of this Act, the Comptroller
24       General of the United States shall submit to Congress
25       a report assessing the billing practices of the Depart-


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 1       ment of Defense for care received under the TRICARE
 2       program or at military medical treatment facilities.
 3             (2) ELEMENTS.—The report required by para-
 4       graph (1) shall include the following:
 5                    (A) A description of the extent to which
 6             data is being collected and maintained on wheth-
 7             er beneficiaries under the TRICARE program
 8             have other forms of health insurance.
 9                    (B) A description of the extent to which the
10             Secretary of Defense has implemented the rec-
11             ommendations of the Inspector General of the
12             Department of Defense to improve collections of
13             third-party payments for care at military med-
14             ical treatment facilities and a description of the
15             impact such implementation has had on such
16             beneficiaries.
17                    (C) A description of the extent to which the
18             process used by managed care support contrac-
19             tors under the TRICARE program to adjudicate
20             third-party liability claims is efficient and effec-
21             tive, including with respect to communication
22             with such beneficiaries.
23       (d) TRICARE PROGRAM DEFINED.—In this section,
24 the term ‘‘TRICARE program’’ has the meaning given that
25 term in section 1072 of title 10, United States Code.


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 1   SEC. 753. ACCESS OF VETERANS TO INDIVIDUAL LONGITU-

 2                    DINAL EXPOSURE RECORD.

 3       The Secretary of Veterans Affairs, in consultation with
 4 the Secretary of Defense, shall provide to a veteran read-
 5 only access to the documents of the veteran contained in
 6 the Individual Longitudinal Exposure Record in a print-
 7 able format through a portal accessible through a website
 8 of the Department of Veterans Affairs and a website of the
 9 Department of Defense.
10   SEC. 754. STUDY ON THE INCIDENCE OF CANCER DIAG-

11                    NOSIS AND MORTALITY AMONG MILITARY

12                    AVIATORS   AND   AVIATION   SUPPORT   PER-

13                    SONNEL.

14       (a) STUDY.—
15             (1) IN GENERAL.—The Secretary of Defense, in
16       conjunction with the National Institutes of Health
17       and the National Cancer Institute, shall conduct a
18       study on cancer among covered individuals in two
19       phases as provided in this subsection.
20             (2) PHASE 1.—
21                     (A) IN GENERAL.—Under the initial phase
22             of the study conducted under paragraph (1), the
23             Secretary of Defense shall determine if there is a
24             higher incidence of cancers occurring for covered
25             individuals as compared to similar age groups
26             in the general population through the use of the
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 1            database of the Surveillance, Epidemiology, and
 2            End Results program of the National Cancer In-
 3            stitute.
 4                   (B) REPORT.—Not later than one year after
 5            the date of the enactment of this Act, the Sec-
 6            retary shall submit to the appropriate commit-
 7            tees of Congress a report on the findings of the
 8            initial phase of the study under subparagraph
 9            (A).
10            (3) PHASE 2.—
11                   (A) IN GENERAL.—If, pursuant to the ini-
12            tial phase of the study under paragraph (2), the
13            Secretary concludes that there is an increased
14            rate of cancers among covered individuals, the
15            Secretary shall conduct a second phase of the
16            study under which the Secretary shall do the fol-
17            lowing:
18                        (i) Identify the carcinogenic toxins or
19                   hazardous materials associated with mili-
20                   tary flight operations from shipboard or
21                   land bases or facilities, such as fuels, fumes,
22                   and other liquids.
23                        (ii) Identify the operating environ-
24                   ments, including frequencies or electro-
25                   magnetic fields, where exposure to ionizing


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1                    radiation (associated with high altitude
2                    flight) and nonionizing radiation (associ-
3                    ated with airborne, ground, and shipboard
4                    radars) occurred in which covered individ-
5                    uals could have received increased radiation
6                    amounts.
7                         (iii) Identify, for each covered indi-
8                    vidual, duty stations, dates of service, air-
9                    craft flown, and additional duties (includ-
10                   ing Landing Safety Officer, Catapult and
11                   Arresting Gear Officer, Air Liaison Officer,
12                   Tactical Air Control Party, or personnel as-
13                   sociated with aircraft maintenance, supply,
14                   logistics, fuels, or transportation) that could
15                   have increased the risk of cancer for such
16                   covered individual.
17                        (iv) Determine locations where a cov-
18                   ered individual served or additional duties
19                   of a covered individual that are associated
20                   with higher incidences of cancers.
21                        (v) Identify potential exposures due to
22                   service in the Armed Forces that are not re-
23                   lated to aviation, such as exposure to burn
24                   pits or toxins in contaminated water, em-




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1                    bedded in the soil, or inside bases or hous-
2                    ing.
3                           (vi) Determine the appropriate age to
4                    begin screening covered individuals for can-
5                    cer based on race, gender, flying hours, pe-
6                    riod of service as aviation support per-
7                    sonnel, Armed Force, type of aircraft, and
8                    mission.
 9                   (B) DATA.—The Secretary shall format all
10            data included in the study conducted under this
11            paragraph in accordance with the Surveillance,
12            Epidemiology, and End Results program of the
13            National       Cancer    Institute,   including   by
14            disaggregating such data by race, gender, and
15            age.
16                   (C) REPORT.—Not later than one year after
17            the submittal of the report under paragraph
18            (2)(B), if the Secretary conducts the second
19            phase of the study under this paragraph, the
20            Secretary shall submit to the appropriate com-
21            mittees of Congress a report on the findings of
22            the study conducted under this paragraph.
23            (4) USE OF DATA FROM PREVIOUS STUDIES.—In
24      conducting the study under this subsection, the Sec-
25      retary of Defense shall incorporate data from previous


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 1      studies conducted by the Air Force, the Navy, or the
 2      Marine Corps that are relevant to the study under
 3      this subsection, including data from the comprehen-
 4      sive study conducted by the Air Force identifying
 5      each covered individual and documenting the cancers,
 6      dates of diagnoses, and mortality of each covered in-
 7      dividual.
 8      (b) DEFINITIONS.—In this section:
 9            (1) APPROPRIATE COMMITTEE OF CONGRESS.—
10      The term ‘‘appropriate committees of Congress’’
11      means—
12                   (A) the Committee on Armed Services and
13            the Committee on Veterans’ Affairs of the Senate;
14            and
15                   (B) the Committee on Armed Services and
16            the Committee on Veterans’ Affairs of the House
17            of Representatives.
18            (2)     ARMED    FORCES.—The      term    ‘‘Armed
19      Forces’’—
20                   (A) has the meaning given the term ‘‘armed
21            forces’’ in section 101 of title 10, United States
22            Code; and
23                   (B) includes the reserve components named
24            in section 10101 of such title.




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 1              (3) COVERED INDIVIDUAL.—The term ‘‘covered
 2        individual’’—
 3                     (A) means an aviator or aviation support
 4              personnel who—
 5                          (i) served in the Armed Forces on or
 6                     after February 28, 1961; and
 7                          (ii) receives benefits under chapter 55
 8                     of title 10, United States Code; and
 9                     (B) includes any air crew member of fixed-
10              wing aircraft and personnel supporting genera-
11              tion of the aircraft, including pilots, navigators,
12              weapons systems operators, aircraft system oper-
13              ators, personnel associated with aircraft mainte-
14              nance, supply, logistics, fuels, or transportation,
15              and any other crew member who regularly flies
16              in an aircraft or is required to complete the mis-
17              sion of the aircraft.
18 Subtitle D—Mental Health Services
19   From Department of Veterans
20   Affairs for Members of Reserve
21   Components
22   SEC. 761. SHORT TITLE.

23        This subtitle may be cited as the ‘‘Care and Readiness
24 Enhancement for Reservists Act of 2020’’ or the ‘‘CARE for
25 Reservists Act of 2020’’.


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 1   SEC. 762. EXPANSION OF ELIGIBILITY FOR READJUSTMENT

 2                    COUNSELING     AND   RELATED    OUTPATIENT

 3                    SERVICES FROM DEPARTMENT OF VETERANS

 4                    AFFAIRS TO INCLUDE MEMBERS OF RESERVE

 5                    COMPONENTS OF THE ARMED FORCES.

 6       (a) READJUSTMENT COUNSELING.—Subsection (a)(1)
 7 of section 1712A of title 38, United States Code, is amended
 8 by adding at the end the following new subparagraph:
 9       ‘‘(D)(i) The Secretary, in consultation with the Sec-
10 retary of Defense, may furnish to any member of the reserve
11 components of the Armed Forces who has a behavioral
12 health condition or psychological trauma, counseling under
13 subparagraph (A)(i), which may include a comprehensive
14 individual assessment under subparagraph (B)(i).
15       ‘‘(ii) A member of the reserve components of the Armed
16 Forces described in clause (i) shall not be required to obtain
17 a referral before being furnished counseling or an assess-
18 ment under this subparagraph.’’.
19       (b) OUTPATIENT SERVICES.—Subsection (b) of such
20 section is amended—
21             (1) in paragraph (1)—
22                     (A) by inserting ‘‘to an individual’’ after
23             ‘‘If, on the basis of the assessment furnished’’;
24             and
25                     (B) by striking ‘‘veteran’’ each place it ap-
26             pears and inserting ‘‘individual’’; and
      † HR 6395 EAS
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 1                (2) in paragraph (2), by striking ‘‘veteran’’ and
 2         inserting ‘‘individual’’.
 3         (c) EFFECTIVE DATE.—The amendments made by this
 4 section shall take effect on the date that is one year after
 5 the date of the enactment of this Act.
 6   SEC. 763. PROVISION OF MENTAL HEALTH SERVICES FROM

 7                     DEPARTMENT           OF     VETERANS         AFFAIRS       TO

 8                     MEMBERS OF RESERVE COMPONENTS OF THE

 9                     ARMED FORCES.

10         (a) IN GENERAL.—Subchapter VIII of chapter 17 of
11 title 38, United States Code, is amended by adding at the
12 end the following new section:
13 ‘‘§ 1789. Mental health services for members of the re-
14                    serve components of the Armed Forces

15         ‘‘The Secretary, in consultation with the Secretary of
16 Defense, may furnish mental health services to members of
17 the reserve components of the Armed Forces.’’.
18         (b) CLERICAL AMENDMENT.—The table of sections at
19 the beginning of such subchapter is amended by inserting
20 after the item relating to section 1788 the following new
21 item:
     ‘‘1789. Mental health services for members of the reserve components of the Armed
                      Forces.’’.




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 1   SEC. 764. INCLUSION OF MEMBERS OF RESERVE COMPO-

 2                    NENTS IN MENTAL HEALTH PROGRAMS OF

 3                    DEPARTMENT OF VETERANS AFFAIRS.

 4       (a) SUICIDE PREVENTION PROGRAM.—
 5               (1) IN GENERAL.—Section 1720F of title 38,
 6       United States Code, is amended by adding at the end
 7       the following new subsection:
 8       ‘‘(l)(1) COVERED INDIVIDUAL DEFINED.—In this sec-
 9 tion, the term ‘covered individual’ means a veteran or a
10 member of the reserve components of the Armed Forces.
11       ‘‘(2) In determining coverage of members of the reserve
12 components of the Armed Forces under the comprehensive
13 program, the Secretary shall consult with the Secretary of
14 Defense.’’.
15               (2) CONFORMING AMENDMENTS.—Such section is
16       further amended—
17                     (A) in subsection (a), by striking ‘‘veterans’’
18               and inserting ‘‘covered individuals’’;
19                     (B) in subsection (b), by striking ‘‘veterans’’
20               each place it appears and inserting ‘‘covered in-
21               dividuals’’;
22                     (C) in subsection (c)—
23                          (i) in the subsection heading, by strik-
24                     ing ‘‘OF VETERANS’’;




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 1                        (ii) by striking ‘‘veterans’’ each place
 2                   it appears and inserting ‘‘covered individ-
 3                   uals’’; and
 4                        (iii) by striking ‘‘veteran’’ and insert-
 5                   ing ‘‘individual’’;
 6                   (D) in subsection (d), by striking ‘‘to vet-
 7            erans’’ each place it appears and inserting ‘‘to
 8            covered individuals’’;
 9                   (E) in subsection (e), in the matter pre-
10            ceding paragraph (1), by striking ‘‘veterans’’
11            and inserting ‘‘covered individuals’’;
12                   (F) in subsection (f)—
13                        (i) in the first sentence, by striking
14                   ‘‘veterans’’ and inserting ‘‘covered individ-
15                   uals’’; and
16                        (ii) in the second sentence, by inserting
17                   ‘‘or members’’ after ‘‘veterans’’;
18                   (G) in subsection (g), by striking ‘‘veterans’’
19            and inserting ‘‘covered individuals’’;
20                   (H) in subsection (h), by striking ‘‘vet-
21            erans’’ and inserting ‘‘covered individuals’’;
22                   (I) in subsection (i)—
23                        (i) in the subsection heading, by strik-
24                   ing ‘‘FOR VETERANS AND FAMILIES’’;




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 1                        (ii) in the matter preceding paragraph
 2                   (1), by striking ‘‘veterans and the families
 3                   of veterans’’ and inserting ‘‘covered individ-
 4                   uals and the families of covered individ-
 5                   uals’’;
 6                        (iii) in paragraph (2), by striking
 7                   ‘‘veterans’’ and inserting ‘‘covered individ-
 8                   uals’’; and
 9                        (iv) in paragraph (4), by striking ‘‘vet-
10                   erans’’ each place it appears and inserting
11                   ‘‘covered individuals’’;
12                   (J) in subsection (j)—
13                        (i) in paragraph (1), by striking ‘‘vet-
14                   erans’’ each place it appears and inserting
15                   ‘‘covered individuals’’; and
16                        (ii) in paragraph (4)—
17                             (I) in subparagraph (A), in the
18                        matter preceding clause (i), by striking
19                        ‘‘women veterans’’ and inserting ‘‘cov-
20                        ered individuals who are women’’;
21                             (II) in subparagraph (B), by
22                        striking ‘‘women veterans who’’ and
23                        inserting ‘‘covered individuals who are
24                        women and’’; and




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 1                                   (III) in subparagraph (C), by
 2                            striking ‘‘women veterans’’ and insert-
 3                            ing ‘‘covered individuals who are
 4                            women’’; and
 5                      (K) in subsection (k), by striking ‘‘veterans’’
 6               and inserting ‘‘covered individuals’’.
 7               (3) CLERICAL AMENDMENTS.—
 8                      (A) IN GENERAL.—Such section is further
 9               amended, in the section heading, by inserting
10               ‘‘and members of the reserve compo-
11               nents of the Armed Forces’’ after ‘‘vet-
12               erans’’.
13                      (B) TABLE OF SECTIONS.—The table of sec-
14               tions at the beginning of such subchapter is
15               amended by striking the item relating to section
16               1720F and inserting the following new item:
     ‘‘1720F. Comprehensive program for suicide prevention among veterans and mem-
                     bers of the reserve components of the Armed Forces.’’.

17         (b) MENTAL HEALTH TREATMENT FOR INDIVIDUALS
18 WHO SERVED IN CLASSIFIED MISSIONS.—
19               (1) IN GENERAL.—Section 1720H of such title is
20         amended—
21                      (A) in subsection (a)—
22                            (i) in paragraph (1)—




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 1                                (I) by striking ‘‘eligible veteran’’
 2                        and inserting ‘‘eligible individual’’;
 3                        and
 4                                (II) by striking ‘‘the veteran’’ and
 5                        inserting ‘‘the individual’’; and
 6                        (ii) in paragraph (3), by striking ‘‘eli-
 7                   gible veterans’’ and inserting ‘‘eligible indi-
 8                   viduals’’;
 9                   (B) in subsection (b)—
10                        (i) by striking ‘‘a veteran’’ and insert-
11                   ing ‘‘an individual’’; and
12                        (ii) by striking ‘‘eligible veteran’’ and
13                   inserting ‘‘eligible individual’’; and
14                   (C) in subsection (c)—
15                        (i) in paragraph (2), in the matter
16                   preceding subparagraph (A), by striking
17                   ‘‘The term ‘eligible veteran’ means a vet-
18                   eran’’ and inserting ‘‘The term ‘eligible in-
19                   dividual’ means a veteran or a member of
20                   the reserve components of the Armed
21                   Forces’’; and
22                        (ii) in paragraph (3), by striking ‘‘eli-
23                   gible veteran’’ and inserting ‘‘eligible indi-
24                   vidual’’.
25            (2) CLERICAL AMENDMENTS.—


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 1                      (A) IN GENERAL.—Such section is further
 2                amended, in the section heading, by inserting
 3                ‘‘and members of the reserve compo-
 4                nents of the Armed Forces’’ after ‘‘vet-
 5                erans’’.
 6                      (B) TABLE OF SECTIONS.—The table of sec-
 7                tions at the beginning of chapter 17 of such title
 8                is amended by striking the item relating to sec-
 9                tion 1720H and inserting the following new
10                item:
     ‘‘1720H. Mental health treatment for veterans and members of the reserve compo-
                     nents of the Armed Forces who served in classified missions.’’.

11   SEC. 765. REPORT ON MENTAL HEALTH AND RELATED

12                     SERVICES PROVIDED BY DEPARTMENT OF

13                     VETERANS AFFAIRS TO MEMBERS OF THE

14                     ARMED FORCES.

15         (a) IN GENERAL.—Not later than one year after the
16 date of the enactment of this Act, the Secretary of Veterans
17 Affairs shall submit to the Committee on Veterans’ Affairs
18 and the Committee on Appropriations of the Senate and
19 the Committee on Veterans’ Affairs and the Committee on
20 Appropriations of the House of Representatives a report
21 that includes an assessment of the following:
22                (1) The increase, as compared to the day before
23         the date of the enactment of this Act, of the number
24         of members of the Armed Forces that use readjustment

       † HR 6395 EAS
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 1      counseling or outpatient mental health care from the
 2      Department of Veterans Affairs, disaggregated by
 3      State, Vet Center location, and clinical care site of the
 4      Department, as appropriate.
 5            (2) The number of members of the reserve compo-
 6      nents of the Armed Forces receiving telemental health
 7      care from the Department.
 8            (3) The increase, as compared to the day before
 9      the date of the enactment of this Act, of the annual
10      cost associated with readjustment counseling and out-
11      patient mental health care provided by the Depart-
12      ment to members of the reserve components of the
13      Armed Forces.
14            (4) The changes, as compared to the day before
15      the date of the enactment of this Act, in staffing,
16      training, organization, and resources required for the
17      Department to offer readjustment counseling and out-
18      patient mental health care to members of the reserve
19      components of the Armed Forces.
20            (5) Any challenges the Department has encoun-
21      tered in providing readjustment counseling and out-
22      patient mental health care to members of the reserve
23      components of the Armed Forces.




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 1       (b) VET CENTER DEFINED.—In this section, the term
 2 ‘‘Vet Center’’ has the meaning given that term in section
 3 1712A(h) of title 38, United States Code.
 4 TITLE VIII—ACQUISITION POL-
 5    ICY, ACQUISITION MANAGE-
 6    MENT, AND RELATED MAT-
 7    TERS
 8 Subtitle A—Industrial Base Matters
 9   SEC. 801. POLICY RECOMMENDATIONS FOR IMPLEMENTA-

10                    TION OF EXECUTIVE ORDER 13806 (ASSESS-

11                    ING AND STRENGTHENING THE MANUFAC-

12                    TURING AND DEFENSE INDUSTRIAL BASE

13                    AND SUPPLY CHAIN RESILIENCY).

14       (a) SUBMISSION        OF   RECOMMENDATIONS   TO   SEC-
15   RETARY OF DEFENSE.—In order to fully implement the

16 July 21, 2017, Presidential Executive Order on Assessing
17 and Strengthening the Manufacturing and Defense Indus-
18 trial Base and Supply Chain Resiliency of the United
19 States, not later than 540 days after the date of the enact-
20 ment of this Act, the Under Secretary of Defense for Acqui-
21 sition and Sustainment shall submit to the Secretary of De-
22 fense a series of recommendations regarding United States
23 industrial policies. The recommendations shall consist of
24 specific executive actions, programmatic changes, regu-




      † HR 6395 EAS
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 1 latory changes, and legislative proposals and changes, as
 2 appropriate.
 3       (b) SCOPE OF ASSESSMENT.—In developing the rec-
 4 ommendations required under subsection (a), the Under
 5 Secretary shall assess—
 6              (1) direct subsidies and investment in the econ-
 7       omy;
 8              (2) direct provision of credit and purchases of
 9       private sector bonds and equity;
10              (3) prize-based technology challenges for critical
11       research and development milestones;
12              (4) capital controls and dollar policy;
13              (5) trade policy, including export control policy,
14       government acquisition policy, and targeted protec-
15       tionist policies;
16              (6) export promotion policies;
17              (7) foreign talent attraction and retention;
18              (8) graduate education policy; and
19              (9) expansion of existing or establishment of new
20       public-private partnerships, including the Trusted
21       Capital Marketplace.
22       (c) OBJECTIVES.—The recommendations made pursu-
23 ant to subsection (a) shall aim to—
24              (1) facilitate only high-value design, engineering,
25       and manufacturing activities;


      † HR 6395 EAS
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 1              (2) expand the defense industrial base to include
 2         friendly and capable allies and partners;
 3              (3) preserve the viability of domestic and inter-
 4         national suppliers;
 5              (4) include export and productivity incentives;
 6              (5) accord with standing international trade
 7         law; and
 8              (6) strengthen the domestic national security in-
 9         dustrial base, especially in areas currently dependent
10         on foreign suppliers.
11         (d) CONSULTATION.—In assessing the areas specified
12 in subsection (b) and developing the recommendations re-
13 quired under subsection (a), the Under Secretary shall con-
14 sult or inaugurate studies with, as appropriate, the Joint
15 Industrial Base Working Group, the Defense Science Board,
16 the Defense Innovation Board, economists, commercial in-
17 dustry, and federally funded research and development cen-
18 ters.
19         (e) SUBMISSION OF RECOMMENDATIONS TO PRESI-
20   DENT.—Not        later than 30 days after receiving the rec-
21 ommendations under subsection (a), the Secretary of De-
22 fense shall submit the recommendations, together with any
23 additional views or recommendations, to the President, the
24 Office of Management and Budget, the National Security
25 Council, and the National Economic Council.


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 1       (f) SUBMISSION       OF    RECOMMENDATIONS    TO   CON-
 2   GRESS.—Not later than 30 days after submitting the rec-

 3 ommendations to the President under section (e), the Sec-
 4 retary of Defense shall submit the recommendations to and
 5 brief the congressional defense committees on the rec-
 6 ommendations.
 7   SEC. 802. ASSESSMENT OF NATIONAL SECURITY INNOVA-

 8                    TION BASE.

 9       (a) IN GENERAL.—Not later than 540 days after the
10 date of the enactment of this Act, the Deputy Secretary of
11 Defense shall submit to the Secretary of Defense an assess-
12 ment of the economic forces and structures shaping the ca-
13 pacity of the national security innovation base and policy
14 recommendations pertaining to the outcome of such assess-
15 ment.
16       (b) ELEMENTS.—The assessment required under sub-
17 section (a) shall review the following matters as they per-
18 tain to the innovative and manufacturing capacity of the
19 national security innovation base:
20             (1) Competition and antitrust policy.
21             (2) Immigration policy, including the policies
22       germane to the attraction and retention of skilled im-
23       migrants.
24             (3) Graduate education funding and policy.




      † HR 6395 EAS
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 1            (4) Demand stabilization and social safety net
 2      policies.
 3            (5) The structure and incentives of financial
 4      markets and businesses’ access to credit.
 5            (6) Trade policy, including export control policy.
 6            (7) The tax code and its effect on investment, in-
 7      cluding the Federal research and development tax
 8      credit.
 9            (8) Deregulation in critical economic sectors,
10      land use, environment review, and construction and
11      manufacturing activities.
12            (9) National economic and manufacturing infra-
13      structure.
14            (10) Intellectual property reform.
15            (11) Federally funded investments in the econ-
16      omy, including research and development and ad-
17      vanced manufacturing.
18            (12) Federally funded procurement of goods and
19      services.
20            (13) Federally funded investments to expand do-
21      mestic manufacturing capabilities.
22      (c) ENGAGEMENT WITH CERTAIN ENTITIES.—In con-
23 ducting the assessment required under subsection (a), the
24 Deputy Secretary shall engage through appropriate mecha-
25 nisms with the Defense Science Board, the Defense Innova-


     † HR 6395 EAS
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 1 tion Board, the Defense Business Board, academic experts,
 2 commercial industry, and federally funded research and de-
 3 velopment centers.
 4       (d) SUBMISSION OF ASSESSMENT.—Not later than 30
 5 days after receiving the assessment and recommendations
 6 under subsection (a), the Secretary of Defense shall submit
 7 the assessment, together with recommendations and any ad-
 8 ditional views of the Secretary, to the President, the Office
 9 of Management and Budget, the National Security Council,
10 the National Economic Council, and the congressional de-
11 fense committees.
12   SEC. 803. IMPROVING IMPLEMENTATION OF POLICY PER-

13                    TAINING TO THE NATIONAL TECHNOLOGY

14                    AND INDUSTRIAL BASE.

15       (a) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE
16 IMPLEMENTATION.—
17             (1) ASSESSMENT OF RESEARCH AND DEVELOP-
18       MENT, MANUFACTURING, AND PRODUCTION CAPABILI-

19       TIES.—

20                     (A) IN GENERAL.—In developing the strat-
21             egy required by section 2501 of title 10, United
22             States Code, carrying out the analysis of the na-
23             tional technology and industrial base required by
24             section 2503 of such title, and performing the
25             periodic assessments required under section 2505


      † HR 6395 EAS
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 1            of such title, the Secretary of Defense shall, in
 2            consultation with the Under Secretary of Defense
 3            for Acquisition and Sustainment and the Under
 4            Secretary of Research and Engineering, assess
 5            the research and development, manufacturing,
 6            and production capabilities of entities within the
 7            United States and non-United States members of
 8            the national technology and industrial base as
 9            well as other friendly nations.
10                   (B) IDENTIFICATION    OF SPECIFIC TECH-

11            NOLOGIES, COMPANIES, LABORATORIES, AND FAC-

12            TORIES.—The     assessment shall include identi-
13            fication of specific technologies, companies, lab-
14            oratories, and factories of or located in the
15            United States and the non-United States mem-
16            bers of the national technology and industrial
17            base of potential value to current and future De-
18            partment of Defense plans and programs.
19            (2) POLICY    AND GUIDANCE.—Consistent       with
20      section 2440 of title 10, United States Code, the
21      Under Secretary of Defense for Acquisition and
22      Sustainment shall develop and promulgate to the
23      service and command acquisition executives, the heads
24      of the appropriate defense agencies and field activi-
25      ties, and relevant program managers acquisition pol-


     † HR 6395 EAS
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 1      icy and guidance germane to the use of the research
 2      and development, manufacturing, and production ca-
 3      pabilities identified pursuant to paragraph (1)(B)
 4      and the technologies, companies, laboratories, and fac-
 5      tories in specific Department of Defense research and
 6      development, international cooperative research, pro-
 7      curement, and sustainment activities.
 8      (b) COOPERATIVE RESEARCH AND DEVELOPMENT.—
 9            (1) AUTHORITY TO ENTER INTO COOPERATIVE
10      RESEARCH AND DEVELOPMENT PROJECTS WITH NA-

11      TIONS IN THE NATIONAL TECHNOLOGY AND INDUS-

12      TRIAL BASE.—Section 2350a(a)(2) of title 10, United

13      States Code, is amended by adding at the end the fol-
14      lowing new subparagraph:
15            ‘‘(F) A nation in the National Technology and
16      Industrial Base, as defined by section 2500 of title 10,
17      United States Code.’’.
18            (2) REGULATIONS.—Not later than 120 days
19      after the date of the enactment of this Act, the Sec-
20      retary of Defense shall revise the Department of De-
21      fense Supplement to the Federal Acquisition Regula-
22      tion to conform with subparagraph (F) of section
23      2350a(a)(2) of title 10, United States Code, as added
24      by paragraph (1).




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                                479
 1       (c) REGULATORY COUNCIL.—Section 2502 of title 10,
 2 United States Code, is amended by inserting after sub-
 3 section (d) the following new subsection:
 4       ‘‘(e) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE
 5 REGULATORY COUNCIL.—
 6             ‘‘(1) ESTABLISHMENT.—The Chairman of the
 7       National Defense Technology and Industrial Base
 8       Council shall work with the equivalent designees in
 9       the countries that comprise the national technology
10       and industrial base to establish the National Tech-
11       nology and Industrial Base Regulatory Council.
12             ‘‘(2) MEETINGS.—The National Technology and
13       Industrial Base Regulatory Council shall meet bian-
14       nually to harmonize respective policies and regula-
15       tions, and to propose new legislation and regulations
16       that increase the integration between the policies, per-
17       sons, and organizations comprising the national tech-
18       nology and industrial base.
19             ‘‘(3) DUTIES.—The National Technology and In-
20       dustrial Base Regulatory Council shall—
21                    ‘‘(A) address and review issues related to
22             industrial security, supply chain security, cyber-
23             security, regulating foreign direct investment
24             and foreign ownership, control and influence
25             mitigation, market research, technology assess-


      † HR 6395 EAS
                                480
1              ment, and research cooperation within public
2              and private research and development organiza-
3              tions and universities, technology and export
4              control measures, acquisition processes and over-
5              sight, and management best practices; and
6                     ‘‘(B) establish a mechanism for national
7              technology and industrial base members to raise
8              disputes that arise within the national tech-
9              nology and industrial base at a government-to-
10             government level.’’.
11       (d) RECOMMENDATIONS FOR ADDITIONAL MEMBERS
12   OF THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.—

13             (1) IN GENERAL.—The Secretary of Defense shall
14       establish a process to consider the inclusion of addi-
15       tional member nations in the national technology and
16       industrial base.
17             (2) ELEMENTS.—The process developed under
18       paragraph (1) shall include—
19                    (A) analysis of the national security costs
20             and benefits to the United States and allies of
21             the inclusion of such additional member nation
22             in the national technology and industrial base;
23                    (B) analysis of the economic costs and bene-
24             fits to entities within the United States and al-
25             lies of the inclusion of such additional member


      † HR 6395 EAS
                                 481
 1            nation into the national technology and indus-
 2            trial base, including an assessment of—
 3                       (i) specific shortfalls in the techno-
 4                   logical and industrial capacities of current
 5                   member nations of the national technology
 6                   and industrial base that would be addressed
 7                   by inclusion of such additional member na-
 8                   tion; and
 9                       (ii) specific areas in the industrial
10                   bases of current member nations of the na-
11                   tional technology and industrial base that
12                   would likely be impacted by additional
13                   competition if such additional nation were
14                   included in the national technology and in-
15                   dustrial base; and
16                   (C) analysis of other factors as determined
17            relevant by the Secretary.
18            (3) RECOMMENDED LEGISLATION.—
19                   (A) IN GENERAL.—The Secretary of Defense
20            may submit legislative proposals to Congress to
21            add new nations to the national technology and
22            industrial base.
23                   (B) ELEMENTS.—Proposals submitted pur-
24            suant to subparagraph (A) shall include the fol-
25            lowing elements:


     † HR 6395 EAS
                               482
 1                        (i) A summary of the analyses per-
 2                   formed pursuant to subsection (d)(2).
 3                        (ii) A set of metrics to assess the na-
 4                   tional security and economic benefits that
 5                   such inclusion is expected to accrue to enti-
 6                   ties within the United States and allied na-
 7                   tions.
 8            (4) REPORT.—Not later than 540 days after the
 9      date of the enactment of this Act, the Secretary shall
10      submit to the congressional defense committees a re-
11      port with recommendations regarding whether to in-
12      clude in the national technology and industrial base
13      each country with which the United States maintains
14      a mutual defense treaty, a reciprocal defense procure-
15      ment agreement, or other defense cooperation agree-
16      ment. The report shall be based on assessments con-
17      ducted using the process established under paragraph
18      (1) and shall include, for each country recommended
19      for inclusion, the information specified in paragraph
20      (3)(B).




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 1   SEC. 804. MODIFICATION OF FRAMEWORK FOR MODERN-

 2                    IZING ACQUISITION PROCESSES TO ENSURE

 3                    INTEGRITY OF INDUSTRIAL BASE.

 4       Section 2509 of title 10, United States Code, as added
 5 by section 845(a) of the National Defense Authorization Act
 6 for Fiscal Year 2020 (Public Law 116–92), is amended—
 7             (1) in subsection (b)(2)—
 8                     (A) in subparagraph (A)—
 9                          (i) by inserting ‘‘, such as those identi-
10                     fied through the Department of Defense’s
11                     supply chain risk management process and
12                     by the Federal Acquisition Security Coun-
13                     cil, and’’ after ‘‘supply chain risks’’; and
14                          (ii) in clause (ii), by striking ‘‘(other
15                     than optical transmission components)’’;
16                     (B) in subparagraph (C)—
17                          (i) in clause (x), by striking ‘‘; and’’
18                     and inserting a semicolon;
19                          (ii) by redesignating clause (xi) as
20                     clause (xii); and
21                          (iii) by inserting after clause (x) the
22                     following new clause:
23                     ‘‘(xi) processes and procedures related to
24             supply chain risk management, including those
25             implemented pursuant to section 806 of the Ike
26             Skelton National Defense Authorization Act for
      † HR 6395 EAS
                               484
1             Fiscal Year 2011 (Public Law 111–383; 10
2             U.S.C. 2304 note); and’’; and
3                    (C) by adding at the end the following new
4             subparagraph:
5             ‘‘(E) Characterization and assessment of indus-
6       trial base support policies, programs, and procedures,
7       including—
8                    ‘‘(i) limitations and acquisition guidance
9             relevant to the national technology and indus-
10            trial base (as defined in section 2500(1) of this
11            title);
12                   ‘‘(ii) limitations and acquisition guidance
13            relevant to section 2533a of this title;
14                   ‘‘(iii) the Industrial Base Analysis and
15            Sustainment program, including direct support
16            and common design activities;
17                   ‘‘(iv) the Small Business Innovation Re-
18            search program;
19                   ‘‘(v) the Department of Defense Manufac-
20            turing Technology program;
21                   ‘‘(vi) programs related to the Defense Pro-
22            duction Act of 1950 (50 U.S.C. 4511 et seq.);
23                   ‘‘(vii) the Trusted Capital Marketplace pro-
24            gram; and




     † HR 6395 EAS
                                  485
 1                     ‘‘(viii) programs in the military services.’’;
 2             and
 3             (2) in subsection (f)(2), by inserting ‘‘, and sup-
 4       porting policies, procedures, and guidance’’ after
 5       ‘‘pursuant to subsection (b)’’.
 6   SEC. 805. ASSESSMENTS OF INDUSTRIAL BASE CAPABILI-

 7                    TIES AND CAPACITY.

 8       (a) ASSESSMENTS.—The Secretary of Defense shall de-
 9 fine intelligence and other information requirements,
10 sources, and organizational responsibilities for assessing
11 foreign adversary technological and industrial bases and
12 conducting comparative analyses of such technological and
13 industrial bases. The requirements, sources, and responsibil-
14 ities shall include—
15             (1) examining the competitive advantages for-
16       eign adversaries are pursuing, including with respect
17       to regulation, raw materials, educational capacity,
18       labor, and capital accessibility;
19             (2) assessing relative cost, speed of product devel-
20       opment, age and value of the installed capital base,
21       leadership’s technical competence and agility, nation-
22       ally imposed inhibiting conditions, the availability of
23       human and material resources, and the burdens of
24       government oversight;




      † HR 6395 EAS
                              486
 1             (3) a temporal evaluation of the competitive
 2       strengths and weaknesses of United States industry,
 3       including manufacturing surge capacity, versus the
 4       directed priorities and capabilities of foreign adver-
 5       sary governments; and
 6             (4) assessing any other issues that the Secretary
 7       of Defense determines appropriate.
 8       (b) METHODOLOGY.—The Deputy Assistant Secretary
 9 of Defense for Industrial Policy shall incorporate inputs
10 pursuant to subsection (a) as part of a methodology to con-
11 tinuously assess domestic and foreign industries, markets,
12 and companies of significance to military and industrial
13 advantage to identify supply chain vulnerabilities.
14       (c) REPORT.—
15             (1) IN GENERAL.—Not later than March 15,
16       2021, the Secretary of Defense shall submit to the con-
17       gressional defense committees a report on efforts to es-
18       tablish the continuous assessment activity required
19       under subsections (a) and (b).
20             (2) ELEMENTS.—The report submitted under
21       paragraph (1) shall include a consideration of wheth-
22       er it would be appropriate to task some of the assess-
23       ment work to an organization independent of the De-
24       partment, and any recommendations regarding which
25       organization should perform such work.


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                                  487
 1   SEC. 806. ANALYSES OF CERTAIN MATERIALS AND TECH-

 2                    NOLOGY SECTORS FOR ACTION TO ADDRESS

 3                    SOURCING AND INDUSTRIAL CAPACITY.

4        (a) ANALYSES REQUIRED.—
 5             (1) IN GENERAL.—The Secretary of Defense, act-
 6       ing through the Undersecretary for Acquisition and
 7       Sustainment and other appropriate officials, shall re-
 8       view the materials, processes, and technology sectors
 9       under subsection (c) to determine and develop appro-
10       priate actions, consistent with the policies, programs,
11       and activities required under chapter 148 of title 10,
12       United States Code, including—
13                     (A) restricting procurement, with appro-
14             priate waivers for cost, emergency requirements,
15             and non-availability of suppliers, including re-
16             stricting procurement to—
17                          (i) suppliers in the United States;
18                          (ii) suppliers in the national tech-
19                     nology and industrial base (as defined in
20                     section 2500(1) of title 10, United States
21                     Code);
22                          (iii) suppliers in other allied nations;
23                     or
24                          (iv) other suppliers;
25                     (B) increasing investment to expand capac-
26             ity or diversifying sources of supply or alter-
      † HR 6395 EAS
                                488
 1             native approaches to addressing military re-
 2             quirements, through use of research and develop-
 3             ment or procurement activities and acquisition
 4             authorities;
 5                    (C) taking a combination of actions de-
 6             scribed under subparagraphs (A) and (B); or
 7                    (D) taking no actions, restrictions, or addi-
 8             tional investment.
 9             (2) CONSIDERATIONS.—The analyses conducted
10       pursuant to paragraph (1) shall consider national se-
11       curity, economic, and treaty implications, as well as
12       impacts on current and potential suppliers of goods
13       and services.
14       (b) RECOMMENDATIONS.—The analyses conducted
15 pursuant to subsection (a) shall be used to inform policy,
16 agreements, guidance and reporting requirements under
17 chapter 148 of title 10, United States Code, including—
18             (1) the annual report to Congress required under
19       section 2504 of such title;
20             (2) the annual report on unfunded priorities of
21       the national technology and industrial base required
22       under section 2504a of such title;
23             (3) Department of Defense technology and indus-
24       trial base policy guidance prescribed under section
25       2506 of such title;


      † HR 6395 EAS
                               489
 1             (4) activities to modernize acquisition processes
 2       to ensure integrity of industrial base pursuant to sec-
 3       tion 2509 of such title;
 4             (5) defense memoranda of understanding and re-
 5       lated agreements considered in accordance with sec-
 6       tion 2531 of such title;
 7             (6) other requirements as appropriate.
 8       (c) MATERIALS, TECHNOLOGIES, AND PROCESSES OF
 9 INTEREST.—The Secretary of Defense shall prioritize un-
10 dertaking analyses and making recommendations under
11 this section for the following goods and services:
12             (1) Goods and services covered under existing re-
13       strictions, where a domestic non-availability deter-
14       mination has been made.
15             (2) Critical technologies identified in the Na-
16       tional Defense Strategy.
17             (3) Technologies and sectors identified in reports
18       required regarding the defense industrial base.
19             (4) Microelectronics.
20             (5) Printed circuit boards and other electronics
21       components.
22             (6) Pharmaceuticals.
23             (7) Medical devices.
24             (8) Personal protective equipment.
25             (9) Rare earth materials.


      † HR 6395 EAS
                                  490
 1             (10) Synthetic graphite.
 2             (11) Coal-based rayon carbon fibers.
 3             (12) Aluminum.
 4   SEC. 807. MICROELECTRONICS MANUFACTURING STRAT-

 5                    EGY.

 6       (a) IN GENERAL.—Not later than January 1, 2021,
 7 the Deputy Secretary of Defense, in consultation with the
 8 Under      Secretary      of   Defense   for   Acquisition   and
 9 Sustainment, the Under Secretary for Research and Engi-
10 neering, and the Director of the Defense Advanced Research
11 Projects Agency, shall submit to the Secretary of Defense
12 and the Chairman of the Joint Chiefs of Staff a strategy
13 to manufacture state-of-the art integrated circuits in the
14 United States within a period of three to five years that
15 includes a plan to explore and evaluate options for re-estab-
16 lishing microelectronics foundry services and the industrial
17 capabilities associated with such services.
18       (b) ELEMENTS.—In developing the strategy required
19 under subsection (a), the Under Secretary shall consider—
20             (1) multiple models of public-private partner-
21       ships to execute the strategy;
22             (2) processes and criteria for competitive selec-
23       tion of commercial companies, including companies
24       headquartered in allied and partner countries, to pro-
25       vide design, foundry and assembly, and packaging


      † HR 6395 EAS
                                491
 1       services and to build and operate the industrial capa-
 2       bilities associated with such services;
 3             (3) the role that the broader Federal Government
 4       should play in organizing and supporting the strat-
 5       egy, including any required direct or indirect funding
 6       support, or legislative and regulatory actions, includ-
 7       ing restricting procurements to domestic sources, and
 8       providing anti-trust and export control relief; and
 9             (4) all potential funding sources and mecha-
10       nisms for initial and sustaining investments.
11       (c) SUBMISSION OF STRATEGY TO PRESIDENT.—Not
12 later February 1, 2021, the Secretary of Defense shall sub-
13 mit the strategy, together with any views and recommenda-
14 tions, and an estimated budget to implement the strategy,
15 to the President, the National Security Council, and the Na-
16 tional Economic Council.
17       (d) BRIEFING.—Not later than March 1, 2021, the Sec-
18 retary of Defense shall submit the strategy to and brief the
19 congressional defense committees on the strategy and the
20 Secretary’s recommendations.
21   SEC. 808. ADDITIONAL REQUIREMENTS PERTAINING TO

22                    PRINTED CIRCUIT BOARDS.

23       (a) PURCHASES.—Not later than one year after the
24 date of enactment of this Act, the Secretary of Defense shall
25 require for new contracts or other acquisition activities that


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1 contractors, or subcontractors at any tier, that provide cov-
2 ered printed circuit boards for use by the Department of
3 Defense certify that, of the total value of the covered printed
4 circuit boards provided by the contractor or subcontractor
5 pursuant to a contract or subcontract with the Department
6 of Defense, not less than the percentages set forth in sub-
7 section (b) were manufactured and assembled within a cov-
8 ered nation.
 9      (b) IMPLEMENTATION.—
10            (1) ESTABLISHMENT        OF REQUIRED PERCENT-

11      AGES.—In establishing the certification process under

12      subsection (a), the Secretary shall establish and pub-
13      lish increasing percentages of values of the covered
14      printed circuit boards under subsection (a) to be com-
15      plied with by appropriate contractors and subcontrac-
16      tors, based on—
17                   (A) assessment of covered nation capacity to
18            supply printed circuit boards, over time;
19                   (B) assessment of threats to national secu-
20            rity capabilities from use of printed circuit
21            boards from non-covered nations;
22                   (C) economic benefits accrued by non-cov-
23            ered nations which would otherwise be accrued
24            by covered nations;




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 1                    (D) achieving a goal of production of 100
 2             percent of manufacture and assembly of printed
 3             circuit boards in covered nations within ten
 4             years; and
 5                    (E) other criteria as determined appro-
 6             priate.
 7             (2) MINIMUM PERCENTAGES.—The percentages
 8       established by the Secretary under this subsection
 9       shall, in any case, be equal to or greater than, unless
10       specifically directed by the Secretary for an indi-
11       vidual contract or subcontract—
12                    (A) 25 percent by October 1, 2023;
13                    (B) 50 percent by October 1, 2025;
14                    (C) 75 percent by October 1, 2029; and
15                    (D) 100 percent by October 1, 2032.
16             (3) LIMITED EXCEPTIONS.—If the Secretary of
17       Defense directs that a specific contract or subcontract
18       is required to comply with a different percentage than
19       those prescribed under this subsection, the Secretary
20       shall notify the congressional defense committees not
21       later than 30 days after such direction is issued,
22       along with a rationale for the changed percentage.
23       (c) REMEDIATION.—In the event that a contractor or
24 subcontractor is unable to complete the certification re-
25 quired under subsection (a), the Secretary may accept cov-


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 1 ered printed circuit boards from the contractor or subcon-
 2 tractor for an appropriate time period, not to exceed 18
 3 months over a five-year period, while requiring the con-
 4 tractor to complete a remediation plan. Such a plan shall
 5 be submitted to the congressional defense committees and
 6 shall require the contractor or subcontractor to—
 7             (1) audit its supply chain to identify any areas
 8       of security vulnerability and compliance with section
 9       224 of the National Defense Authorization Act for
10       Fiscal Year 2020 (Public Law 119–92); and
11             (2) meet the requirements of subsection (a) with-
12       in in an expedited fashion after the initial missed
13       certification deadline to address national security
14       threats.
15       (d) WAIVER.—A contractor may request that the Sec-
16 retary of Defense waive the requirement for certification,
17 and the Secretary may grant such a waiver, if the Secretary
18 has conclusively determined that—
19             (1) there are no significant national security
20       concerns regarding counterfeiting, quality, or unau-
21       thorized access created by any covered printed circuit
22       boards provided to the Department of Defense by the
23       contractor in the fiscal year under the certification
24       requirement or the previous fiscal year;




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 1             (2) the contractor is otherwise in compliance
 2       with all relevant cybersecurity provisions relating to
 3       members of the defense industrial base, including sec-
 4       tion 244 of the National Defense Authorization Act
 5       for Fiscal Year 2020; and
 6             (3) the waiver is required to support national se-
 7       curity needs, particularly with respect to acquisitions
 8       of commercial items.
 9       (e) AVAILABILITY AND COST EXCEPTIONS.—Subsection
10 (a) shall not apply to the extent that the Secretary of De-
11 fense or the Secretary of the military department concerned
12 determines that covered printed circuit boards of satisfac-
13 tory quality and sufficient quantity, in the required form,
14 cannot be procured as and when needed from covered na-
15 tions at reasonable cost, excluding comparisons with non-
16 market economies, or in time to meet an operational re-
17 quirement.
18       (f) DEFINITIONS.—In this section—
19             (1) the term ‘‘covered printed circuit board’’
20       means any printed circuit board that is a—
21                    (A) noncommercial item; or
22                    (B) commercial or commercially available
23             off-the-shelf item that transmits or stores na-
24             tional security sensitive information for—
25                        (i) telecommunications;


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 1                        (ii) data communications;
 2                        (iii) data storage;
 3                        (iv) medical applications;
 4                        (v) networking;
 5                        (vi) fifth-generation cellular commu-
 6                   nications;
 7                        (vii) computing;
 8                        (viii) radar;
 9                        (ix) munitions; or
10                        (x) any other system that the Secretary
11                   of Defense determines should be covered
12                   under this section; and
13            (2) the term ‘‘covered nation’’ means—
14                   (A) the United States;
15                   (B) a member nation of the national tech-
16            nology and industrial base under section 2500 of
17            title 10, United States Code; or
18                   (C) a nation that has agreed, in compliance
19            with section 36 of the Arms Export Control Act
20            (22 U.S.C. 2776) and section 2457 of title 10,
21            United States Code—
22                        (i) to comply with agreements with
23                   foreign governments requiring the United
24                   States to purchase supplies from foreign
25                   sources for the purposes of offsetting sales


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 1                    made by the United States Government or
 2                    United States firms under approved pro-
 3                    grams serving defense requirements; or
 4                        (ii) along with the United States Gov-
 5                    ernment, to remove barriers to purchases of
 6                    supplies produced in the other country or
 7                    services performed by sources of the other
 8                    country; or
 9                    (D) any country, other than the People’s
10             Republic of China, the Russian Federation, Iran,
11             or the Democratic People’s Republic of Korea,
12             that the Secretary designates, upon a determina-
13             tion to be published in the Federal Register, that
14             accepting covered printed circuit boards from
15             which—
16                        (i) is in the national security interests
17                    of the United States; and
18                        (ii) does not pose a significant risk to
19                    national security systems.
20       (g) RULE OF CONSTRUCTION.—Nothing in this section
21 shall be construed to prohibit the Department of Defense
22 from entering into a contract with an entity that connects
23 to the facilities of a third party, for the purposes of
24 backhaul, roaming, or interconnection arrangements, on the




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1 basis of the third party’s noncompliance with the provisions
2 of this section.
 3   SEC. 809. STATEMENT OF POLICY WITH RESPECT TO SUP-

 4                    PLY OF STRATEGIC MINERALS AND METALS

 5                    FOR DEPARTMENT OF DEFENSE PURPOSES.

 6       (a) STATEMENT OF POLICY.—It is the policy of the
 7 United States that the Department of Defense shall pursue
 8 the following goals:
 9             (1) Ensure, by 2030, secure sources of supply of
10       strategic minerals and metals that will—
11                     (A) fully meet the demands of the domestic
12             defense industrial base;
13                     (B) eliminate the dependence of the United
14             States on unsecure sources of supply of strategic
15             minerals and metals; and
16                     (C) ensure that the Department of Defense
17             is not reliant upon unsecure sources of supply
18             for the processing or manufacturing of any stra-
19             tegic mineral and metal deemed essential to na-
20             tional security by the Secretary of Defense.
21             (2) Provide incentives for the defense industrial
22       base to develop robust processing and manufacturing
23       capabilities in the United States to refine strategic
24       minerals and metals for Department of Defense pur-
25       poses.


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 1             (3) Maintain secure sources of supply of strategic
 2       minerals and metals required to maintain current
 3       military requirements in the event that international
 4       supply chains are disrupted.
 5             (4) Achieve the goals described in paragraphs (1)
 6       through (3) through, among other methods—
 7                     (A) the continued and expanded use of ex-
 8             isting programs, such as the National Defense
 9             Stockpile administered by the Defense Logistics
10             Agency; and
11                     (B) the continued use of authorities under
12             title III of the Defense Production Act of 1950
13             (50 U.S.C. 4531 et seq.).
14       (b) STRATEGIC MINERALS AND METALS.—For pur-
15 poses of this section, strategic minerals and metals include
16 critical minerals, as defined pursuant to Executive Order
17 13817.
18   SEC. 810. REPORT ON STRATEGIC AND CRITICAL MINERALS

19                    AND METALS.

20       (a) REPORT REQUIRED.—Not later than June 30,
21 2021, the Secretary of Defense shall submit to the Commit-
22 tees on Armed Services of the Senate and the House of Rep-
23 resentatives a report on the results of a study, conducted
24 for purposes of this section, concerning strategic and crit-




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 1 ical minerals and metals and vulnerabilities in supply
 2 chains of such minerals and metals.
 3        (b) STRATEGIC AND CRITICAL MINERALS AND MET-
 4   ALS.—For purposes of this section, strategic and critical

 5 minerals and metals are minerals and metals, including
 6 rare earth elements, that are necessary to meet national de-
 7 fense and national security requirements, including supply
 8 chain resiliency, and for the economic security of the United
 9 States.
10        (c) ELEMENTS.—The study required for purposes of
11 the report under subsection (a) shall do the following:
12              (1) Identify the strategic and critical minerals
13        and metals that are currently utilized by the Depart-
14        ment of Defense.
15              (2) To the extent practicable, identify the overall
16        annual tonnage of each strategic or critical mineral
17        or metal identified pursuant to paragraph (1) that
18        was utilized by the Department during the 10-year
19        period ending on December 31, 2020.
20              (3) Identify domestic and international sources
21        for the strategic and critical minerals and metals
22        identified pursuant to paragraph (1).
23              (4) Identify risks to access to the strategic and
24        critical minerals and metals identified pursuant to




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 1      paragraph (1) from supply chain disruptions due to
 2      geopolitical, economic, and other vulnerabilities.
 3             (5) Evaluate the benefits of a robust domestic
 4      supply chain for providing strategic and critical min-
 5      erals and metals to Department manufacturing sup-
 6      ply chains in real time.
 7             (6) Evaluate the effects of the use of waivers by
 8      the Department of Defense Strategic Materials Protec-
 9      tion Board on the domestic supply of strategic and
10      critical minerals and metals.
11             (7) Recommend policies and procedures for the
12      Department to ensure a capability to secure strategic
13      and critical minerals and metals necessary for emerg-
14      ing technologies such as anti-microbial products, min-
15      erals, and metals for use in medical equipment
16      among other technologies.
17             (8) Identify improvements required to the Na-
18      tional Defense Stockpile in order to ensure the De-
19      partment has access to the strategic and critical min-
20      erals and metals identified pursuant to paragraph
21      (1).
22             (9) Evaluate the domestic processing and manu-
23      facturing capacity needed to supply the Department
24      with the strategic and critical minerals and metals




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 1       identified pursuant to paragraph (1) in an economic
 2       and secure manner.
 3             (10) In consultation with the United States Geo-
 4       logical Survey, identify domestic locations already
 5       verified to contain large supplies of strategic and crit-
 6       ical minerals and metals identified pursuant to para-
 7       graph (1) with existing commercial manufacturing
 8       interest.
 9             (11) Address any other matter relating to stra-
10       tegic and critical minerals and metals that the Sec-
11       retary considers appropriate.
12       (d) FORM.—The report required by subsection (a) shall
13 be submitted in unclassified form, but may include a classi-
14 fied annex.
15   SEC. 811. STABILIZATION OF SHIPBUILDING INDUSTRIAL

16                    BASE WORKFORCE.

17       (a) SENSE OF CONGRESS.—It is the sense of Congress
18 that the Department of the Navy must explore and identify
19 solutions, in consultation with the Department of Labor,
20 to enhance shipbuilding workforce stability and ensure in-
21 dustry preparedness to construct the 355-ship fleet.
22       (b) WORKING GROUP TO STABILIZE SHIPBUILDING IN-
23   DUSTRIAL BASE WORKFORCE.—

24             (1) IN GENERAL.—The Secretary of the Navy
25       shall form a working group with the Secretary of


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1       Labor for the purpose of enhancing integration of
2       programs, resources, and expertise to strengthen the
3       shipbuilding industrial base, as well as to provide
4       recommendations to Congress, to better stabilize the
5       shipbuilding industrial base workforce and determine
6       appropriate solutions for workforce fluctuations.
 7            (2) DUTIES.—The working group shall carry out
 8      the following activities related to the ongoing chal-
 9      lenges with workforce stability:
10                   (A) Analyze existing Department of the
11            Navy contracts with the shipbuilding industry
12            and other relevant information to better antici-
13            pate future employment trends and tailor work-
14            force resources and opportunities for workers
15            most vulnerable to upcoming workforce fluctua-
16            tions.
17                   (B) Identify existing Department of Labor
18            programs for unemployed, underemployed, and
19            furloughed employees that could benefit the ship-
20            building industrial base workforce during times
21            of workload fluctuations and workforce insta-
22            bility, and explore potential partnerships to con-
23            nect employees with appropriate resources.
24                   (C) Explore possible cost sharing agree-
25            ments to enable the Department of the Navy to


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1             contribute funding to existing Department of
2             Labor workforce programs to support the ship-
3             building workforce.
4                    (D) Examine possible programs that will
5             specifically assist furloughed employees who may
6             sporadically rely on unemployment benefits.
7                    (E) Explore opportunities for unemployed,
8             underemployed, or furloughed employees to pro-
9             vide workforce training through temporary part-
10            nerships with States, technical schools, commu-
11            nity colleges, and other local workforce develop-
12            ment opportunities.
13                   (F) Review existing training programs for
14            the shipbuilding workforce to maximize relevant
15            and necessary training opportunities that would
16            broaden employee skillset during times of unem-
17            ployment, underemployment, or furlough, where
18            applicable.
19                   (G) Assess the possibility of shipbuilding
20            worker support programs to weather a period of
21            unemployment, underemployment, or furlough,
22            including compensation options, alternative em-
23            ployment, temporary stipends, or other worker
24            support opportunities.




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1                    (H) Study cross-State credentialing require-
2             ments and identify any restrictions that inhibit
3             the flexibility of the shipbuilding workforce to
4             seek employment opportunities across State lines,
5             and make recommendations to streamline licens-
6             ing, credentialing, certification, and qualifica-
7             tion requirements within the shipbuilding indus-
8             try.
9                    (I) Review additional or new contracting
10            authorities that could enable the Department of
11            the Navy to award short-term, flexible contracts
12            that will prioritize work for unemployed, under-
13            employed, or furloughed employees within the
14            shipbuilding workforce.
15                   (J) Identify specific workforce support pro-
16            grams to support suppliers of all sizes within the
17            shipbuilding industrial base, and assess any ad-
18            ditional support from prime contractors that
19            would improve the stability of such suppliers.
20                   (K) Assess whether greater collaboration
21            with the United States Coast Guard and its
22            shipbuilding     contractors   and   subcontractors
23            would improve workforce stability by assessing a
24            totality of shipbuilding demands.




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 1                   (L) Consider potential pilot programs that
 2            will specifically address shipbuilding industrial
 3            base workforce stability.
 4                   (M) Explore any additional opportunities
 5            to invest in recruiting, retaining, and training
 6            a skilled shipbuilding workforce.
 7                   (N) Consider and incorporate the findings
 8            and recommendations, as appropriate, of the re-
 9            port on shipbuilder training and the defense in-
10            dustrial base required under section 1037 of the
11            National Defense Authorization Act for Fiscal
12            Year 2020 (Public Law 116–92).
13            (3) NOTIFICATION REQUIREMENT REGARDING ES-
14      TABLISHMENT AND STRUCTURE.—Not            later than 90
15      days after the date of the enactment of this Act, the
16      Secretary of the Navy, in coordination with the Sec-
17      retary of Labor, shall notify the congressional defense
18      committees regarding the membership and structure
19      of the working group.
20            (4) REPORT.—Not later than one year after the
21      date of the enactment of this Act, the Secretary of the
22      Navy, in consultation with the Secretary of Labor,
23      shall submit to the congressional defense committees,
24      the Committee on Health, Education, Labor, and
25      Pensions of the Senate, and the Committee on Edu-


     † HR 6395 EAS
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1        cation and Labor of the House of Representatives a
2        report with the findings and recommendations of the
3        working group.
 4   SEC. 812. MISCELLANEOUS LIMITATIONS ON THE PROCURE-

 5                    MENT   OF   GOODS    OTHER     THAN   UNITED

 6                    STATES GOODS.

 7       Section 2534 of title 10, United States Code, is amend-
 8 ed—
 9             (1) in subsection (a)—
10                     (A) by striking paragraphs (2) through (5);
11                     (B) by inserting after paragraph (1) the fol-
12             lowing new paragraph:
13             ‘‘(2) COMPONENTS FOR NAVAL VESSELS.—
14                     ‘‘(A) Vessel propellers with a diameter of six
15             feet or more.
16                     ‘‘(B) The following components of vessels, to
17             the extent they are unique to marine applica-
18             tions: gyrocompasses, electronic navigation chart
19             systems, steering controls, propulsion and ma-
20             chinery control systems, and totally enclosed life-
21             boats.’’;
22                     (C) by redesignating paragraph (6) as
23             paragraph (3); and




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 1                   (D) in paragraph (3), as redesignated by
 2            subparagraph (C), by striking ‘‘(k)’’ and insert-
 3            ing ‘‘(j)’’;
 4            (2) in subsection (b)—
 5                   (A) by striking paragraph (2) and redesig-
 6            nating paragraph (3) as paragraph (2); and
 7                   (B) in paragraph (2), as redesignated by
 8            subparagraph       (A),   by     striking   ‘‘subsection
 9            (a)(3)(A)(iii)’’    and        inserting    ‘‘subsection
10            (a)(2)(A)’’;
11            (3) in subsection (c)—
12                   (A) by striking ‘‘ITEMS.’’ and all that fol-
13            lows through ‘‘Subsection (a) does not apply’’ in
14            paragraph (1) and inserting ‘‘ITEMS.—Sub-
15            section (a) does not apply’’; and
16                   (B) by striking paragraphs (2) though (5);
17            (4) in subsection (g)—
18                   (A) by striking ‘‘(1) This section’’ and in-
19            serting ‘‘This section’’; and
20                   (B) by striking paragraph (2);
21            (5) in subsection (h), by striking ‘‘subsection
22      (a)(3)(B)’’ and inserting ‘‘subsection (a)(2)(B)’’;
23            (6) in subsection (i)(3), by striking ‘‘Acquisition,
24      Technology, and Logistics’’ and inserting ‘‘Acquisi-
25      tion and Sustainment’’;


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                                509
 1             (7) by striking subsection (j); and
 2             (8) by redesignating the first subsection des-
 3       ignated subsection (k) as subsection (j).
 4   SEC. 813. USE OF DOMESTICALLY SOURCED STAR TRACK-

 5                    ERS IN NATIONAL SECURITY SATELLITES.

 6       (a) IN GENERAL.— Except as provided in subsection
 7 (a), any acquisition executive of the Department of Defense
 8 who approves a contract for a national security satellite
 9 after October 1, 2021, shall require any star tracker system
10 included in the design of such national security satellite to
11 be domestically sourced.
12       (b) EXCEPTIONS.— The application of subsection (a)
13 may be waived if the acquisition executive certifies in writ-
14 ing that—
15             (1) there is no available domestically sourced
16       star tracker system that meets the national security
17       satellite systems mission and design requirements;
18             (2) the cost of the available domestically sourced
19       star tracker system is unreasonably priced based on
20       a market survey; or
21             (3) an urgent and compelling national security
22       need exists to necessitate a foreign-made star tracker.
23       (c) NATIONAL SECURITY SATELLITE DEFINED.— In
24 this section, ‘‘national security satellite’’ is a satellite the




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 1 principle purpose of which is to support the national secu-
 2 rity needs of the United States Government.
 3   SEC. 814. MODIFICATION TO SMALL PURCHASE THRESHOLD

 4                    EXCEPTION TO SOURCING REQUIREMENTS

 5                    FOR CERTAIN ARTICLES.

 6       Subsection (h) of section 2533a of title 10, United
 7 States Code, is amended to read as follows:
 8       ‘‘(h) EXCEPTION       FOR    SMALL PURCHASES.—Sub-
 9 section (a) does not apply to purchases for amounts not
10 greater than $150,000. A proposed purchase or contract for
11 an amount greater than $150,000 may not be divided into
12 several purchases or contracts for lesser amounts in order
13 to qualify for this exception. On October 1 of each year
14 evenly divisible by 5, the Secretary of Defense may adjust
15 the dollar threshold in this subsection based on changes in
16 the Consumer Price Index. The Secretary shall publish no-
17 tice of any such adjustment in the Federal Register, and
18 the new price threshold shall take effect on the date of publi-
19 cation.’’.




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 1    Subtitle B—Acquisition Policy and
 2              Management
 3   SEC. 831. REPORT ON ACQUISITION RISK ASSESSMENT AND

 4                    MITIGATION AS PART OF ADAPTIVE ACQUISI-

 5                    TION FRAMEWORK IMPLEMENTATION.

 6       (a) SERVICE ACQUISITION EXECUTIVES INPUT.—The
 7 Service Acquisition Executives shall report to the Secretary
 8 of Defense, the Under Secretary of Defense for Acquisition
 9 and Sustainment, the Under Secretary of Defense for Re-
10 search and Engineering, and the Chief Information Officer
11 of the Department of Defense how they are assessing, miti-
12 gating, and reporting on the following risks in acquisition
13 programs:
14             (1) Technical risks in engineering, software,
15       manufacturing and testing.
16             (2) Integration and interoperability risks, in-
17       cluding complications related to systems working
18       across multiple domains while using machine learn-
19       ing and artificial intelligence capabilities to continu-
20       ously change and optimize system performance.
21             (3) Operations and sustainment risks, including
22       as mediated by access to technical data and intellec-
23       tual property rights.




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 1             (4) Workforce and training risks, including con-
 2       sideration of the role of contractors as part of the
 3       total workforce.
 4             (5) Supply chain risks, including cybersecurity,
 5       foreign control and ownership of key elements of sup-
 6       ply chains, and the consequences a fragile and weak-
 7       ening defense industrial base, combined with barriers
 8       to industrial cooperation with allies and partners
 9       pose for delivering systems and technologies in a
10       trusted and assured manner.
11       (b) REPORT TO CONGRESS.—Not later than March 31,
12 2021, the Under Secretary of Defense for Acquisition and
13 Sustainment shall submit to the congressional defense com-
14 mittees a report including—
15             (1) the input received from the Service Acquisi-
16       tion Executives pursuant to subsection (a); and
17             (2) the views of the Under Secretary with respect
18       to the matters described in paragraphs (1) through
19       (5) of such subsection.
20   SEC. 832. COMPTROLLER GENERAL REPORT ON IMPLEMEN-

21                    TATION   OF   SOFTWARE   ACQUISITION   RE-

22                    FORMS.

23       (a) IN GENERAL.—Not later than March 15, 2021, the
24 Comptroller General of the United States shall brief the con-
25 gressional defense committees on the implementation by the


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 1 Department of Defense of required acquisition reforms with
 2 respect to acquiring software for weapon systems, business
 3 systems, and other activities that are part of the defense
 4 acquisition system, with a report, or reports, to follow as
 5 agreed upon by the committees and the Comptroller Gen-
 6 eral.
 7         (b) ELEMENTS.—The briefing and report, or reports,
 8 required under subsection (a) shall include an assessment
 9 of the extent to which the Department of Defense has imple-
10 mented requirements related to the following:
11              (1) Software acquisition studies and their imple-
12         mentation, including pursuant to section 872 of the
13         National Defense Authorization Act for Fiscal Year
14         2018 (Public Law 115–91; Defense Innovation Board
15         analysis of software acquisition regulations), section
16         868 of the John S. McCain National Defense Author-
17         ization Act for Fiscal Year 2019 (Public Law 115–
18         232; implementation of recommendations of the final
19         report of the Defense Science Board Task Force on the
20         Design and Acquisition of Software for Defense Sys-
21         tems).
22              (2) Software acquisition activities pursuant to
23         section 2322a of title 10, United States Code (related
24         to consideration of certain maters during the acquisi-
25         tion of noncommercial computer software), section


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 1       875 of the National Defense Authorization Act for
 2       Fiscal Year 2018 (Public Law 115–91; pilot program
 3       for open source software), and section 800 of the Na-
 4       tional Defense Authorization Act for Fiscal Year 2020
 5       (Public Law 116–92, related to continuous integra-
 6       tion and delivery of software applications and up-
 7       grades to embedded systems).
 8             (3) Software acquisition pilots, including the
 9       pilot program pursuant to section 873 of the National
10       Defense Authorization Act for Fiscal Year 2018 (Pub-
11       lic Law 115–91; relating to the use of agile or
12       iterative development methods to tailor major soft-
13       ware-intensive warfighting systems and defense busi-
14       ness systems) and the pilot program pursuant to sec-
15       tion 874 of such Act (relating to using agile best
16       practices for software development).
17       (c) ASSESSMENT OF ACQUISITION POLICY, GUIDANCE,
18   AND PRACTICES.—Each report under subsection (a) should

19 include an assessment of the extent to which Department
20 of Defense software acquisition policy, guidance, and prac-
21 tices reflect implementation of relevant recommendations
22 from related studies, pilot programs, and directives from
23 the congressional defense committees.
24       (d) MODIFICATION OF REQUIREMENTS FOR COMP-
25   TROLLER   GENERAL ASSESSMENT OF ACQUISITION PRO-


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 1   GRAMS AND INITIATIVES.—Section 2229b(b)(2) of title 10,

 2 United States Code, is amended by striking ‘‘a summary
 3 of organizational and legislative changes and emerging as-
 4 sessment methodologies since the last assessment, and a dis-
 5 cussion of the implications’’ and inserting ‘‘a discussion of
 6 selected organizational, policy, and legislative changes, as
 7 determined appropriate by the Comptroller General, and
 8 the potential implications’’.
 9       (e) DEFENSE ACQUISITION SYSTEM DEFINED.—In
10 this section, the term ‘‘defense acquisition system’’ has the
11 meaning given that term in section 2545(2) of title 10,
12 United States Code.
13 Subtitle C—Amendments to General
14   Contracting Authorities, Proce-
15   dures, and Limitations
16   SEC. 841. AUTHORITY TO ACQUIRE INNOVATIVE COMMER-

17                    CIAL PRODUCTS AND SERVICES USING GEN-

18                    ERAL SOLICITATION COMPETITIVE PROCE-

19                    DURES.

20       (a) AUTHORITY.—
21             (1) IN     GENERAL.—Chapter   140 of title 10,
22       United States Code, is amended by adding at the end
23       the following new section:




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 1 ‘‘§ 2380c. Authority to acquire innovative commercial
 2                products and services using general solic-

 3                itation competitive procedures

 4       ‘‘(a) AUTHORITY.—The Secretary of Defense may ac-
 5 quire innovative commercial products and services through
 6 a competitive selection of proposals resulting from a general
 7 solicitation and the peer review of such proposals.
 8       ‘‘(b) TREATMENT AS COMPETITIVE PROCEDURES.—
 9 Use of general solicitation competitive procedures under
10 subsection (a) shall be considered to be use of competitive
11 procedures for purposes of chapter 137 of this title.
12       ‘‘(c) LIMITATIONS.—(1) The Secretary may not enter
13 into a contract or agreement in excess of $100,000,000 using
14 the authority under subsection (a) without a written deter-
15 mination from the Under Secretary of Defense for Acquisi-
16 tion and Sustainment or the relevant service acquisition ex-
17 ecutive of the efficacy of the effort to meet mission needs
18 of the Department of Defense or the relevant military de-
19 partment.
20       ‘‘(2) Contracts or agreements entered into using the
21 authority under subsection (a) shall be fixed-price, includ-
22 ing fixed-price incentive fee contracts.
23       ‘‘(3) Notwithstanding section 2376(1) of this title,
24 products and services acquired using the authority under
25 subsection (a) shall be treated as commercial products and
26 services.
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 1       ‘‘(d) CONGRESSIONAL NOTIFICATION REQUIRED.—(1)
 2 Not later than 45 days after the award of a contract for
 3 an amount exceeding $100,000,000 using the authority in
 4 subsection (a), the Secretary of Defense shall notify the con-
 5 gressional defense committees of such award.
 6       ‘‘(2) Notice of an award under paragraph (1) shall in-
 7 clude the following:
 8             ‘‘(A) Description of the innovative commercial
 9       product or service acquired.
10             ‘‘(B) Description of the requirement, capability
11       gap, or potential technological advancement with re-
12       spect to which the innovative commercial product or
13       service acquired provides a solution or a potential
14       new capability.
15             ‘‘(C) Amount of the contract awarded.
16             ‘‘(D) Identification of contractor awarded the
17       contract.
18       ‘‘(e) INNOVATIVE DEFINED.—. In this section, the term
19 ’innovative’ means—
20             ‘‘(1) any technology, process, or method, includ-
21       ing research and development, that is new as of the
22       date of submission of a proposal; or
23             ‘‘(2) any application that is new as of the date
24       of submission of a proposal of a technology, process,
25       or method existing as of such date.’’.


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 1                (2) CLERICAL AMENDMENT.—The table of sec-
 2         tions at the beginning of chapter 140 of title 10,
 3         United States Code, is amended by inserting after the
 4         item relating to section 2380b the following new item:
     ‘‘2380c. Authority to acquire innovative commercial products and services using
                       general solicitation competitive procedures.’’.

 5         (b) REPEAL OF OBSOLETE AUTHORITY.—Section 879
 6 of the National Defense Authorization Act for Fiscal Year
 7 2017 (Public Law 114–328; 10 U.S.C. 2302 note) is hereby
 8 repealed.
 9   SEC. 842. TRUTH IN NEGOTIATIONS ACT THRESHOLD FOR

10                     DEPARTMENT OF DEFENSE CONTRACTS.

11         Section 2306a(a)(1) of title 10, United States Code,
12 is amended—
13                (1) in subparagraph (B), by striking ‘‘contract
14         if’’ and all that follows through clause (iii) and in-
15         serting ‘‘contract if the price adjustment is expected
16         to exceed $2,000,000.’’;
17                (2) in subparagraph (C), by striking ‘‘section
18         and—’’ and all that follows through clause (iii) and
19         inserting ‘‘section and the price of the subcontract is
20         expected to exceed $2,000,000.’’; and
21                (3) in subparagraph (D), by striking ‘‘sub-
22         contract if—’’ and all that follows through clause (ii)
23         and inserting ‘‘subcontract if the price adjustment is
24         expected to exceed $2,000,000.’’.

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 1   SEC. 843. REVISION OF PROOF REQUIRED WHEN USING AN

 2                    EVALUATION FACTOR FOR DEFENSE CON-

 3                    TRACTORS      EMPLOYING      OR     SUBCON-

 4                    TRACTING WITH MEMBERS OF THE SELECTED

 5                    RESERVE OF THE RESERVE COMPONENTS OF

 6                    THE ARMED FORCES.

 7       Section 819 of the National Defense Authorization Act
 8 for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3385;
 9 10 U.S.C. 2305 note) is amended—
10              (1) by striking subsection (b); and
11              (2) by redesignating subsection (c) as subsection
12       (b).
13   SEC. 844. CONTRACT AUTHORITY FOR ADVANCED DEVELOP-

14                    MENT OF INITIAL OR ADDITIONAL PROTO-

15                    TYPE UNITS.

16       (a) IN GENERAL.—Section 2302e of title 10, United
17 States Code, is amended—
18              (1) in the heading, by striking ‘‘advanced de-
19       velopment’’ and inserting ‘‘development and
20       demonstration’’; and
21              (2) in subsection (a)(1), by striking ‘‘provision of
22       advanced component development, prototype,’’ and in-
23       serting ‘‘development and demonstration’’.
24       (b) CLERICAL AMENDMENT.—The table of sections at
25 the beginning of chapter 137 of title 10, United States Code,


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1 is amended by striking the item relating to section 2302e
2 and inserting the following new item:
     ‘‘2302e. Contract authority for development and demonstration of initial or addi-
                       tional prototype units.’’.

 3   SEC. 845. DEFINITION OF BUSINESS SYSTEM DEFICIENCIES

 4                     FOR CONTRACTOR BUSINESS SYSTEMS.

 5         Section 893 of the Ike Skelton National Defense Au-
 6 thorization Act for Fiscal Year 2011 (Public Law 111–383;
 7 10 U.S.C. 2302 note) is amended—
 8                (1) by striking ‘‘significant deficiencies’’ both
 9         places it appears and inserting ‘‘material weak-
10         nesses’’;
11                (2) by striking ‘‘significant deficiency’’ each
12         place it appears and inserting ‘‘material weakness’’;
13         and
14                (3) by amending paragraph (4) of subsection (g)
15         to read as follows:
16                ‘‘(4) The term ‘material weakness’ means a defi-
17         ciency, or combination of deficiencies, in internal
18         control over risks related to Government contract com-
19         pliance or other shortcomings in the system, such that
20         there is a reasonable possibility that a material non-
21         compliance will not be prevented, or detected and cor-
22         rected, on a timely basis. A reasonable possibility ex-
23         ists when the likelihood of an event occurring is either
24         reasonably possible, meaning the chance of the future

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 1       event occurring is more than remote but less than
 2       likely, or is probable.’’.
 3   SEC. 846. REPEAL OF PILOT PROGRAM ON PAYMENT OF

 4                    COSTS FOR DENIED GOVERNMENT ACCOUNT-

 5                    ABILITY OFFICE BID PROTESTS.

 6       Section 827 of the National Defense Authorization Act
 7 for Fiscal Year 2018 (Public Law 115–91) is repealed.
 8 Subtitle D—Provisions Relating to
 9   Major Defense Acquisition Pro-
10   grams
11   SEC. 861. IMPLEMENTATION OF MODULAR OPEN SYSTEMS

12                    ARCHITECTURE REQUIREMENTS.

13       (a) REQUIREMENTS FOR INTERFACE DELIVERY.—
14             (1) IN GENERAL.—Not later than one year after
15       the date of the enactment of this Act, the Under Sec-
16       retary of Defense for Acquisition and Sustainment, in
17       coordination with the Joint All Domain Command
18       and Control Cross Functional Team under the super-
19       vision of the Department of Defense Chief Informa-
20       tion Officer and the Joint Staff Director for Com-
21       mand, Control, Communications, and Computers/
22       Cyber, shall prescribe regulations and issue guidance
23       to the military services, defense agencies and field ac-
24       tivities, and combatant commands, as appropriate, in
25       order to—


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1                    (A) facilitate the Department of Defense’s
2             access to and utilization of system, major sub-
3             system, and major component software-defined
4             interfaces;
5                    (B) fully meet the intent of chapter 144B of
6             title 10, United States Code; and
7                    (C) advance the Department’s efforts to gen-
8             erate diverse and recomposable kill chains.
 9            (2) ELEMENTS.—The regulations and guidance
10      required in subsection (a)(1) shall include, at a min-
11      imum—
12                   (A) requirements that each relevant pro-
13            gram office characterizes the desired modularity
14            of the system for which it is responsible, either,
15            in the case of major defense acquisition pro-
16            grams, in the acquisition strategy required under
17            section 2431a of title 10, United States Code, or,
18            in the case of other programs, via other docu-
19            mentation, including—
20                       (i) specification of which system, major
21                   subsystems, and major components should
22                   be able to execute without requiring coinci-
23                   dent execution of other systems, major sub-
24                   systems, and major components;




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 1                       (ii) a default configuration specifying
 2                   which systems, major subsystems, and
 3                   major components should communicate with
 4                   other systems, major subsystems, and major
 5                   components; and
 6                       (iii) specification of what information
 7                   should be communicated, the method of the
 8                   communication, and the desired function of
 9                   the communication;
10                   (B) requirements that relevant Department
11            of Defense contracts include mandates for the de-
12            livery of system, major subsystem, and major
13            component software-defined interfaces for sys-
14            tems, major subsystems, and major components
15            deemed relevant in the acquisition strategy or
16            documentation       referred   to   in   subsection
17            (a)(2)(a), including—
18                       (i) software-defined interface syntax
19                   and properties, specifically governing how
20                   values are validly passed and received be-
21                   tween major subsystems and components, in
22                   machine-readable format;
23                       (ii) a machine-readable definition of
24                   the relationship between the delivered inter-
25                   face and existing common standards or


     † HR 6395 EAS
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1                    interfaces available in the interface reposi-
2                    tory of subsection (c), if appropriate and
3                    available, using interface field transform
4                    technology developed under the Defense Ad-
5                    vanced Research Projects Agency System of
6                    Systems Technology Integration Tool Chain
7                    for   Heterogeneous    Electronic    Systems
8                    (STITCHES) program or technology that is
9                    functionally similar; and
10                         (iii) documentation with functional de-
11                   scriptions of software-defined interfaces,
12                   conveying semantic meaning of interface
13                   elements, such as the function of a given
14                   interface field;
15                   (C) requirements that relevant program of-
16            fices, including those responsible for maintaining
17            and upgrading legacy systems, that have award-
18            ed contracts that do not include the requirements
19            specified in subparagraph (B) of paragraph (2)
20            nevertheless acquire the items specified in clauses
21            (i) through (iii) of such subparagraph, either
22            through contractual updates, separate negotia-
23            tions or contracts, or program management
24            mechanisms; and




     † HR 6395 EAS
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 1                    (D) requirements that program offices de-
 2            liver these interfaces and the associated docu-
 3            mentation to the controlled repository established
 4            under subsection (c).
5             (3) APPLICABILITY OF REGULATIONS AND GUID-
 6      ANCE.—

 7                    (A) APPLICABILITY.—The regulations and
 8            guidance required under subsection (a)(1) shall
 9            apply, at a minimum, to program offices respon-
10            sible    for   the    prototyping,   acquisition,   or
11            sustainment of new or existing cyber-physical
12            weapon systems with software-defined interfaces,
13            or with major subsystems or components with
14            software-defined interfaces, developed or to be de-
15            veloped, wholly or in part with Federal funds,
16            including those applicable program offices using
17            other transaction authorities (OTA).
18                    (B) EXTENSION OF SCOPE.—One year after
19            the promulgation of the regulations and guid-
20            ance required under subsection (a)(1) for cyber-
21            physical systems, the Under Secretary of Defense
22            for Acquisition and Sustainment shall extend the
23            regulations and guidance to apply to purely soft-
24            ware systems, including business systems and cy-
25            bersecurity systems. The Secretary may make the


     † HR 6395 EAS
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 1            regulations and guidance applicable, as prac-
 2            ticable, to program offices responsible for the ac-
 3            quisition of systems and capabilities under part
 4            12 of the Federal Acquisition Regulation and
 5            commercially available off the-the-shelf items.
 6                   (C) INCLUSION OF SUBSYSTEMS AND COM-
 7            PONENTS.—The      major subsystems and compo-
 8            nents covered under paragraph (2)(A) shall in-
 9            clude all subsystems and components covered by
10            contract line items.
11      (b) RIGHTS IN INTERFACE SOFTWARE.—
12            (1) REGULATIONS.—Not later than one year
13      after the date of the enactment of this Act, the Under
14      Secretary of Defense for Acquisition and Sustainment
15      shall prescribe regulations to define the legitimate in-
16      terest of the United States and of a contractor or sub-
17      contractor in interface software. The regulations shall
18      be included in regulations of the Department of De-
19      fense prescribed as part of the Defense Supplement to
20      the Federal Acquisition Regulation.
21            (2) LIMITATION ON REGULATIONS.—The regula-
22      tions prescribed pursuant to paragraph (1) may
23      not—
24                   (A) impair any right of the United States
25            or of any contractor or subcontractor with re-


     † HR 6395 EAS
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 1            spect to patents or copyrights or any other right
 2            in software otherwise established by law; or
 3                   (B) impair the right of a contractor or sub-
 4            contractor to receive from a third party a fee or
 5            royalty for the use of software pertaining to an
 6            item or process developed exclusively at private
 7            expense by the contractor or subcontractor, except
 8            as otherwise specifically provided by law.
 9            (3) ELEMENTS.—Such regulations shall include
10      the following provisions:
11                   (A) In the case of a software interface that
12            is developed by a contractor or subcontractor ex-
13            clusively with Federal funds (other than an item
14            developed under a contract or subcontract to
15            which regulations under section 9(j)(2) of the
16            Small Business Act (15 U.S.C. 638(j)(2)) apply),
17            the United States shall have the unlimited and
18            non-expiring right to use the software or release
19            or disclose the software to persons outside the
20            government or permit the use of the software by
21            such persons.
22                   (B) In the case of a software interface that
23            is developed in part with Federal funds and in
24            part at private expense and except in any case
25            in which the Secretary of Defense determines


     † HR 6395 EAS
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1             that negotiation of different rights in such soft-
2             ware would be in the best interest of the United
3             States, the Government—
4                        (i)   shall    have   Government-purpose
5                    rights to the software interface, and, in ad-
6                    dition, may release or disclose the software
7                    interface, or authorize others to do so, if—
8                              (I) prior to release or disclosure,
9                        the intended recipient is subject to an
10                       exclusive for-Government-use and non-
11                       disclosure agreement;
12                             (II) the intended recipient is a
13                       Government contractor receiving access
14                       to the interface for the performance of
15                       a Government contract; and
16                             (III) the intended use is for the
17                       purpose of system, major subsystem,
18                       and    major     component   segregation,
19                       interoperability, integration, or re-
20                       integration; and
21                       (ii) may not use, or authorize other
22                   persons to use, interface software for com-
23                   mercial purposes.
24                   (C) In the case of a software interface that
25            is developed exclusively at private expense, the


     † HR 6395 EAS
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1             Government shall negotiate with the contractor
2             or the subcontractor to best achieve, if practical,
3             Government-purpose rights to the software inter-
4             face and rights to release or disclose the software
5             interface, or authorize others to do so, if—
6                        (i) prior to release or disclosure, the
7                    intended recipient is subject to an exclusive
8                    for-Government     use   and   non-disclosure
9                    agreement;
10                       (ii) the intended recipient is a Govern-
11                   ment contractor receiving access to the
12                   interface for the performance of a Govern-
13                   ment contract; and
14                       (iii) the intended use is for the purpose
15                   of system, major subsystem, and major com-
16                   ponent segregation, interoperability, inte-
17                   gration and reintegration.
18      (c) INTERFACE REPOSITORY.—
19            (1) ESTABLISHMENT.—The Under Secretary of
20      Defense for Acquisition and Sustainment shall estab-
21      lish and maintain, at the appropriate classification
22      level, an interface repository for interfaces, syntax
23      and properties, documentation, and communication
24      implementations delivered pursuant to the require-
25      ments established under subsection (a)(2)(B) and


     † HR 6395 EAS
                              530
1        shall provide interfaces, access to interfaces, and rel-
2        evant documentation to the military services, defense
3        agencies and field activities, combatant commands,
4        and contractors, as appropriate, to facilitate system,
5        major subsystem, and major component segregation
6        and reintegration.
 7             (2) DISTRIBUTION OF INTERFACES.—Consistent
 8       with section 2320 of title 10, United States Code, and
 9       in accordance with subsection (b), the Under Sec-
10       retary of Defense for Acquisition and Sustainment
11       may distribute interfaces, access to interfaces, and rel-
12       evant documentation to Government entities and con-
13       tractors. Any such protected transfer or disclosure by
14       the Government to a recipient is limited to only those
15       data necessary for segregation, interoperability, inte-
16       gration, or reintegration.
17       (d) SYSTEM OF SYSTEMS INTEGRATION TECHNOLOGY
18   AND EXPERIMENTATION.—

19             (1) DEMONSTRATIONS       AND   ASSESSMENT.—No

20       later than one year after the date of the enactment of
21       this Act, the Joint Staff Director for Command, Con-
22       trol, Communications, and Computers/Cyber and De-
23       partment of Defense Chief Information Officer,
24       through the Joint All Domain Command and Control
25       Cross Functional Team, shall conduct demonstrations


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 1      and complete an assessment of the technologies devel-
 2      oped under the Defense Advanced Research Projects
 3      Agency’s System of Systems Integration Technology
 4      and     Experimentation      program,    including    the
 5      STITCHES technology, and their applicability to the
 6      Joint All-Domain Command and Control architec-
 7      ture. The demonstrations and assessment shall in-
 8      clude—
 9                   (A) at least three demonstrations of the use
10            of the STITCHES technology to create, under
11            constrained schedules and budgets, novel kill
12            chains involving previously incompatible weapon
13            systems, sensors, and command, control, and
14            communication systems from multiple military
15            services in cooperation with United States Indo-
16            Pacific Command or United States European
17            Command;
18                   (B) an evaluation as to whether the commu-
19            nications enabled via the STITCHES technology
20            are sufficient for military missions and whether
21            the technology results in any substantial per-
22            formance loss in communication between sys-
23            tems, major subsystems, and major components;
24                   (C) an evaluation as to whether the
25            STITCHES technology obviates the need to de-


     † HR 6395 EAS
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1             velop, impose, and maintain strict adherence to
2             common communication and interface standards
3             for Department of Defense systems;
4                    (D) the appropriate roles and responsibil-
5             ities of the Department of Defense Chief Infor-
6             mation Officer, the Under Secretary of Defense
7             for Acquisition and Sustainment, the geographic
8             combatant commands, the military services, the
9             Defense Advanced Research Projects Agency, and
10            the defense industrial base in using and main-
11            taining the STITCHES technology to generate
12            diverse and recomposable kill chains as part of
13            the Joint All-Domain Command and Control ar-
14            chitecture; and
15                   (E) coordination with the program man-
16            ager for the Time Sensitive Targeting Defeat
17            program under the Under Secretary of Defense
18            for Research and Engineering and the Under
19            Secretary of Defense for Intelligence.
20            (2)    CHIEF   INFORMATION     OFFICER   ASSESS-

21      MENT.—The Department of Defense Chief Information

22      Officer shall assess the technologies developed under
23      the Defense Advanced Research Projects Agency’s Sys-
24      tem of Systems Integration Technology and Experi-
25      mentation program, including the STITCHES inter-


     † HR 6395 EAS
                               533
 1      face field transform technology, and their applica-
 2      bility to the Department’s business systems and cyber-
 3      security tools. This assessment shall include—
 4                   (A) at least two demonstrations of the use
 5            of the STITCHES technology in enabling com-
 6            munication between business systems;
 7                   (B) in coordination with the Cross Func-
 8            tional Team under the Principal Cyber Adviser
 9            and the Integrated Adaptive Cyber Defense pro-
10            gram office of the National Security Agency, at
11            least two demonstrations of the use of the
12            STITCHES technology in enabling communica-
13            tion between and orchestration of previously in-
14            compatible cybersecurity tools; and
15                   (C) an evaluation as to how the STITCH-
16            ES technology could be used in concert with or
17            instead of existing cybersecurity standards,
18            frameworks, and technologies designed to enable
19            communication across cybersecurity tools.
20            (3) SUSTAINMENT OF STITCHES ENGINEERING
21      RESOURCES        AND   CAPABILITIES   DEVELOPED     BY

22      DARPA.—To conduct the demonstrations and assess-

23      ments required under this subsection and to execute
24      the Joint All Domain Command and Control pro-
25      gram, the Joint All Domain Command and Control


     † HR 6395 EAS
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 1       program office shall sustain the STITCHES engineer-
 2       ing resources and capabilities developed by the De-
 3       fense Advanced Research Projects Agency.
 4       (e) TRANSFER OF RESPONSIBILITY FOR STITCH-
 5 ES.—One year after the date of enactment of this Act, the
 6 Secretary of Defense may transfer responsibility for main-
 7 taining the STITCHES engineering capabilities to a dif-
 8 ferent organization.
 9       (f) DEFINITIONS.—In this section:
10               (1) DESIRED MODULARITY.—The term ‘‘desired
11       modularity’’ means the desired degree to which sys-
12       tems, major constitutive subsystems and components
13       within a system, and major subsystems and compo-
14       nents across subsystems can function as modules that
15       can communicate across component boundaries and
16       through interfaces and can be separated and recom-
17       bined to achieve various effects, missions, or capabili-
18       ties.
19               (2) MACHINE-READABLE     FORMAT.—The       term
20       ‘‘machine-readable format’’ means a format that can
21       be easily processed by a computer without human
22       intervention.
23   SEC. 862. SUSTAINMENT REVIEWS.

24       (a)      ANNUAL   SUSTAINMENT       REVIEWS.—Section
25 2441(a) of title 10, United States Code, is amended by in-


      † HR 6395 EAS
                                535
 1 serting ‘‘annually thereafter’’ before ‘‘throughout the life
 2 cycle of the weapon system’’.
 3       (b) SUBMISSION TO CONGRESS OF SUSTAINMENT RE-
 4   VIEWS.—Section 2441 of title 10, United States Code, is

 5 amended by adding at the end the following new subsection:
 6       ‘‘(d) SUBMISSION TO CONGRESS OF SUSTAINMENT RE-
 7   VIEWS.—(1)       The Secretary of each military department
 8 shall submit no fewer than ten sustainment reviews re-
 9 quired by this section to the congressional defense commit-
10 tees annually. The Secretary of each military department
11 shall select the ten reviews from among the systems with
12 the highest independent cost estimates for the remainder of
13 the life cycle of the program.
14       ‘‘(2) The Secretary shall submit the reviews required
15 under paragraph (1) to the congressional defense commit-
16 tees annually not later than 30 days after submission of
17 the President’s annual budget request to Congress under sec-
18 tion 1105 of title 31. The sustainment reviews shall be post-
19 ed on a publicly available website maintained by the Direc-
20 tor of the Cost Assessment and Program Evaluation office
21 and, for those systems with operating and support cost
22 growth, shall include comments from the military depart-
23 ments regarding actions being taken to reduce the operating
24 and support costs. The reviews may include classified ap-
25 pendices, as appropriate.’’.


      † HR 6395 EAS
                                536
 1       (c) COMPTROLLER GENERAL STUDY.—Not later than
 2 180 days after the Secretaries of the military departments
 3 post the initial sustainment reviews required under para-
 4 graph (1) of subsection (d) of section 2441 of title 10,
 5 United States Code (as added by subsection (b) of this sec-
 6 tion) on a publicly available website as required under
 7 paragraph (2) of such subsection (d), the Comptroller Gen-
 8 eral of the United States shall assess steps the military de-
 9 partments are taking to quantify and address operating
10 and support cost growth. The assessment shall include—
11             (1) an evaluation of—
12                    (A) the causes of operating and support cost
13             growth for selected systems covered by the
14             sustainment reviews, as well as any other sys-
15             tems the Comptroller General determines appro-
16             priate;
17                    (B) the extent to which the Department has
18             mitigated operating and support cost growth of
19             these systems; and
20                    (C) any other issues related to potential op-
21             erating and support cost growth the Comptroller
22             General determines appropriate; and
23             (2) any recommendations of the Comptroller
24       General, including steps the military departments
25       could take to reduce operating and support cost


      † HR 6395 EAS
                                537
 1          growth for fielded weapon systems, as well as lessons
 2          learned to be incorporated in future weapon system
 3          acquisitions.
 4   SEC. 863. RECOMMENDATIONS FOR FUTURE DIRECT SELEC-

 5                    TIONS.

 6          The Secretary of each military department shall pro-
 7 vide to the congressional defense committees in the future-
 8 years defense program submitted under section 221 of title
 9 10, United States Code, for fiscal year 2022 a list of at
10 least one acquisition program for which it would be appro-
11 priate to have a large number of users provide direct assess-
12 ment of the outcome of a competitive contract award.
13   SEC.    864.   DISCLOSURES   FOR   CERTAIN   SHIPBUILDING

14                    MAJOR DEFENSE ACQUISITION PROGRAM OF-

15                    FERS.

16          (a) IN GENERAL.—Chapter 137 of title 10, United
17 States Code, is amended by adding at the end the following
18 new section:
19 ‘‘§ 2339c. Disclosures for certain shipbuilding major
20                  defense acquisition program offers

21          ‘‘(a) GENERAL.—Any covered offeror seeking to be
22 awarded a shipbuilding construction contract as part of a
23 major defense acquisition program with funds from the
24 Shipbuilding and Conversion, Navy account shall disclose
25 with its offer and any subsequent offer revisions, including


      † HR 6395 EAS
                              538
 1 the final proposal revision offer, whether any part of the
 2 offeror’s planned contract performance will or is expected
 3 to include foreign government subsidized performance, fi-
 4 nancing, financial guarantees, or tax concessions.
 5       ‘‘(b) DISCLOSURE.—An offeror shall make a disclosure
 6 required under subsection (a) in a format prescribed by the
 7 Secretary of the Navy and shall include therein a specific
 8 description of the extent to which the offeror’s planned con-
 9 tract performance will include, with or without contin-
10 gencies, any foreign government subsidized performance, fi-
11 nancing, financial guarantees, or tax concessions.
12       ‘‘(c) CONGRESSIONAL NOTIFICATION.—Not later than
13 5 days after awarding a contract described under subsection
14 (a) to an offeror that made a disclosure under subsection
15 (b), the Secretary of the Navy shall notify the congressional
16 defense committees and summarize such disclosure.
17       ‘‘(d) DEFINITIONS.—In this section:
18             ‘‘(1) COVERED OFFEROR.—The term ‘covered of-
19       feror’ means any offeror that currently requires or
20       may reasonably be expected to require during the pe-
21       riod of contract performance a method to mitigate or
22       negate foreign ownership under subsection (f)(6) of
23       part 2004.34 of title 32, Code of Federal Regulations.
24             ‘‘(2) FOREIGN GOVERNMENT SUBSIDIZED PER-
25       FORMANCE.—The term ‘foreign government subsidized



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 1         performance’ means any financial support, materiel,
 2         services, or guarantees of support, services, supply,
 3         performance, or intellectual property concessions, that
 4         may be provided to or for the offeror or the offeror’s
 5         Department of Defense customer by a foreign govern-
 6         ment or entity effectively owned or controlled by a
 7         foreign government, which may have the effect of
 8         supplementing, supplying, servicing, or reducing the
 9         cost or price of an end item, or supporting, financing
10         in whole or in part, or guaranteeing contract per-
11         formance by the offeror.
12                ‘‘(3) MAJOR DEFENSE ACQUISITION PROGRAM.—
13         The term ‘major defense acquisition program’ has the
14         meaning given the term in section 2430 of this title.’’.
15         (b) CLERICAL AMENDMENT.—The table of sections at
16 the beginning of chapter 137 of title 10, United States Code,
17 is amended by inserting after the item relating to section
18 2339b the following new item:
     ‘‘2339c. Disclosures for certain shipbuilding major defense acquisition program of-
                       fers.’’.

19   Subtitle E—Small Business Matters
20   SEC. 871. PROMPT PAYMENT OF CONTRACTORS.

21         Section 2307(a)(2) of title 10, United States Code, is
22 amended—




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 1             (1) in subparagraph (A), by striking ‘‘if a spe-
 2       cific payment date is not established by contract’’;
 3       and
 4             (2) in subparagraph (B), by striking ‘‘if—’’ and
 5       all that follows through ‘‘the prime contractor agrees’’
 6       in clause (ii) and inserting ‘‘if the prime contractor
 7       agrees or proposes’’.
 8   SEC. 872. EXTENSION OF PILOT PROGRAM FOR STREAM-

 9                    LINED   AWARDS    FOR   INNOVATIVE     TECH-

10                    NOLOGY PROGRAMS.

11       Section 873(f) of the National Defense Authorization
12 Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C.
13 2306a) is amended by striking ‘‘2020’’ and inserting
14 ‘‘2023’’.
15   SEC. 873. REPORTING REQUIREMENTS.

16       Section 9(b) of the Small Business Act (15 U.S.C.
17 638(b)) is amended—
18             (1) in paragraph (7)—
19                     (A) in subparagraph (F), by striking ‘‘and’’
20             at the end;
21                     (B) in subparagraph (G), by adding ‘‘and’’
22             at the end; and
23                     (C) by adding at the end the following:
24                     ‘‘(H) with respect to a Federal agency to
25             which subsection (f)(1) or (n)(1) applies, whether


      † HR 6395 EAS
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 1              the Federal agency has satisfied the requirement
 2              under each applicable subsection for the year
 3              covered by the report;’’;
 4              (2) in paragraph (9), by striking ‘‘and’’ at the
 5       end;
 6              (3) in paragraph (10), by striking the period at
 7       the end and inserting ‘‘; and’’; and
 8              (4) by adding at the end the following:
 9              ‘‘(11) with respect to a Federal agency to which
10       subsection (f)(1) or (n)(1) applies and that the Ad-
11       ministration determines has not satisfied the require-
12       ment under either applicable subsection, require the
13       head of that Federal agency to submit to the Com-
14       mittee on Small Business and Entrepreneurship of
15       the Senate and the Committee on Small Business of
16       the House of Representatives a report regarding why
17       the Federal agency has not satisfied the require-
18       ment.’’.
19     Subtitle F—Provisions Related to
20      Software-Driven Capabilities
21   SEC. 881. INCLUSION OF SOFTWARE IN GOVERNMENT PER-

22                    FORMANCE OF ACQUISITION FUNCTIONS.

23       (a) INCLUSION OF SOFTWARE.—Section 1706(a) of
24 title 10, United States Code, is amended by adding at the
25 end the following new paragraph:


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 1             ‘‘(14) Program lead software.’’.
 2       (b) TECHNICAL AMENDMENTS.—Section 1706 of such
 3 title is further amended—
 4             (1) in subsection (a), by striking ‘‘for each major
 5       defense acquisition program and each major auto-
 6       mated information system program’’ and inserting
 7       ‘‘for each acquisition program’’; and
 8             (2) by striking subsection (c).
 9   SEC. 882. BALANCING SECURITY AND INNOVATION IN SOFT-

10                    WARE DEVELOPMENT AND ACQUISITION.

11       (a) REQUIREMENTS FOR SOLICITATIONS OF COMMER-
12   CIAL AND DEVELOPMENTAL SOLUTIONS.—The Under Sec-

13 retary of Defense for Acquisition and Sustainment, in co-
14 ordination with the Chief Information Officer of the De-
15 partment of Defense, shall develop requirements for inclu-
16 sion in solicitations for both commercial and developmental
17 solutions, and for the evaluation of bids, of appropriate soft-
18 ware security criteria, including—
19             (1) delineation of what processes were or will be
20       used for a secure software development lifecycle, in-
21       cluding management of supply chain and third-party
22       software sources and component risks; and
23             (2) an associated vulnerability management plan
24       or tools.




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 1       (b) SECURITY REVIEW OF CODE.—The Under Sec-
 2 retary of Defense for Acquisition and Sustainment, in co-
 3 ordination with the Chief Information Officer of the De-
 4 partment of Defense, shall develop processes for security re-
 5 view of code for the purpose of publication and other proce-
 6 dures necessary to fully implement the pilot program re-
 7 quired under section 875 of the National Defense Authoriza-
 8 tion Act for Fiscal Year 2018 (Public Law 115–91; 10
 9 U.S.C. 2223 note).
10       (c) COORDINATION WITH SOFTWARE ACQUISITION
11 PATHWAY EFFORTS.—The requirements and procedures re-
12 quired under subsections (a) and (b) shall be developed in
13 conjunction with the Department of Defense’s efforts to in-
14 corporate input and finalize the procedures described in the
15 Interim Procedures for Operation of the Software Acquisi-
16 tion Pathway.
17   SEC. 883. COMPTROLLER GENERAL REPORT ON INTELLEC-

18                    TUAL PROPERTY ACQUISITION AND LICENS-

19                    ING.

20       (a) IN GENERAL.—Not later than October 1, 2021, the
21 Comptroller General of the United States shall submit to
22 the congressional defense committees a report evaluating the
23 implementation of the Department of Defense’s Instruction
24 on Intellectual Property Acquisition and Licensing (DODI




      † HR 6395 EAS
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 1 5010.44), established under section 2322 of title 10, United
 2 States Code.
 3       (b) ELEMENTS.—The report required under subsection
 4 (a) shall assess the following:
 5                (1) The extent to which the Department of De-
 6       fense is fulfilling the core principles established in
 7       DODI 5010.44.
 8                (2) The extent to which the Defense Acquisition
 9       University, Department of Defense components, and
10       program offices are carrying out their responsibilities
11       under DODI 5010.44.
12                (3) The progress of the Department in estab-
13       lishing an IP Cadre, including the extent to which
14       such experts are executing their roles and responsibil-
15       ities.
16                (4) The performance of the Department in assess-
17       ing and demonstrating the implementation of DODI
18       5010.44, including the effectiveness of the IP Cadre;
19                (5) The effect implementation of DODI 5010.44
20       has had on particular acquisitions;
21                (6) Any other matters the Comptroller General
22       determines appropriate.




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 1   SEC. 884. PILOT PROGRAM EXPLORING THE USE OF CON-

 2                    SUMPTION-BASED SOLUTIONS TO ADDRESS

 3                    SOFTWARE-INTENSIVE WARFIGHTING CAPA-

 4                    BILITY.

 5       (a) FINDING.—In its final report, the Section 809
 6 Panel recommended the adoption of consumption-based ap-
 7 proaches at the Department of Defense, stating, ‘‘More
 8 things will be sold as a service in the future. XaaS could
 9 really mean everything in the context of the Internet of
10 things (IoT). Consumption-based solutions are appearing
11 in many industry sectors, from last mile transportation
12 (e.g., bike shares and electric scooters) to agriculture (e.g.,
13 tractor-as-a-service for farmers in developing countries).
14 Most smart phone users are familiar with software updates
15 that provide bug fixes or new features. A more extreme ex-
16 ample of technology innovation enabled by the IoT is the
17 ability to deliver physical performance improvements to ve-
18 hicles through over-the-air software updates. . . In the not-
19 so-distant future, cloud computing and the IoT will enable
20 consumption-based solution offerings and delivery models
21 that are hard to imagine today.’’
22       (b) SENSE OF CONGRESS.—It is the sense of Con-
23 gress—
24             (1) that the Department of Defense should take
25       advantage of ‘‘as-a-service’’ or ‘‘aaS’’ approaches in
26       commercial        capability   development,   particularly
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 1       where the capability is software-defined, and cloud-
 2       enabled;
 3             (2) to support the Department of Defense’s com-
 4       mitment to new approaches to development and ac-
 5       quisition of software;
 6             (3) that the Department should explore a variety
 7       of approaches, to include the use of consumption-
 8       based solutions for software-intensive warfighting ca-
 9       pability; and
10             (4) that, in conducting activities under the pilot
11       program established under this program, the Depart-
12       ment should use the Software pathway under the new
13       Adaptive Acquisition Framework.
14       (c) IN GENERAL.—Subject to the availability of appro-
15 priations, the Secretary of Defense is authorized to establish
16 a pilot program to explore the use of consumption-based so-
17 lutions to address software-intensive warfighting capa-
18 bility.
19       (d) SELECTION OF INITIATIVES.—The Secretary of
20 each military department and the commander of each com-
21 batant command with acquisition authority shall propose
22 for selection by the Secretary of Defense for the pilot pro-
23 gram at least one and not more than three initiatives that
24 are well-suited to explore consumption-based solutions to
25 address software-intensive warfighting capability. The ini-


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 1 tiatives may be new or existing programs of record and
 2 shall     focus    on     software-defined   or   machine-enabled
 3 warfighting applications, and may include applications
 4 that—
 5              (1) rapidly analyze sensor data;
 6              (2) secure warfighter networks, including multi-
 7         level security;
 8              (3) swiftly transport information across various
 9         networks and network modalities; or
10              (4) otherwise enable joint all-domain operational
11         concepts, including in a contested environment.
12         (e) CONTRACT REQUIREMENTS.—Contracts for con-
13 sumption-based solutions entered into pursuant to the pilot
14 program shall provide for—
15              (1) the solution to be measurable on a frequent
16         interval customary for the type of solution;
17              (2) the contractor to notify the government when
18         consumption reaches 75 percent and 90 percent of the
19         contract funded amount; and
20              (3) discretion for the contracting officer to add
21         new features or capabilities without additional com-
22         petition for the contract, provided that the amount of
23         the new features or capabilities does not exceed 25
24         percent of the total contract value.




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 1       (f) DURATION OF INITIATIVES.—Each initiative car-
 2 ried out under the pilot program shall be carried out during
 3 the three-year period following selection of the initiative.
 4       (g) MONITORING AND EVALUATION OF PILOT PRO-
 5   GRAM.—The Director of the Office of Cost Assessment and

 6 Program Evaluation shall establish continuous monitoring
 7 to evaluate the pilot program established under subsection
 8 (c), including collecting data on cost, schedule, and per-
 9 formance from the program office, the user community, and
10 the contractors.
11       (h) REPORTS.—
12             (1) INITIAL REPORT.—Not later than January
13       31, 2021, the Secretary of Defense shall submit to the
14       congressional defense committees a report on initia-
15       tives selected for the pilot program, roles and respon-
16       sibilities for implementing the pilot program, and the
17       monitoring and evaluation approach for the pilot.
18             (2) PROGRESS REPORT.—Not later than April
19       15, 2021, the Secretary of Defense shall submit to the
20       congressional defense committees a report on the
21       progress of the initiatives.
22             (3) FINAL REPORT.—Not later than 3 years after
23       the date of the enactment of this Act, the Secretary of
24       Defense shall submit to the congressional defense com-
25       mittees a report on the cost, schedule, and perform-


      † HR 6395 EAS
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 1          ance outcomes of the initiatives. The report shall also
 2          include lessons learned about the use of consumption-
 3          based solutions for software-intensive capabilities and
 4          any recommendations for statutory or regulatory
 5          changes to facilitate their use.
 6          (i) CONSUMPTION-BASED SOLUTION DEFINED.—In
 7 this section, the term ‘‘consumption-based solution’’ means
 8 any combination of software, hardware or equipment, and
 9 labor or services that provides a seamless capability that
10 is metered and billed based on actual usage and predeter-
11 mined pricing per resource unit, and includes the ability
12 to rapidly scale capacity up or down.
13             Subtitle G—Other Matters
14   SEC.    891.   SAFEGUARDING     DEFENSE-SENSITIVE     UNITED

15                    STATES   INTELLECTUAL    PROPERTY,    TECH-

16                    NOLOGY, AND OTHER DATA AND INFORMA-

17                    TION.

18          (a) IN GENERAL.—The Secretary of Defense shall es-
19 tablish, enforce, and track actions being taken to protect
20 defense-sensitive United States intellectual property, tech-
21 nology, and other data and information, including hard-
22 ware and software, from acquisition by the Government of
23 the People’s Republic of China.




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 1       (b) LIST OF CRITICAL TECHNOLOGY.—The Secretary
 2 of Defense shall establish and maintain a list of critical
 3 national security technology.
 4       (c) RESTRICTIONS ON EMPLOYMENT OF DEFENSE IN-
 5   DUSTRIAL    BASE EMPLOYEES WITH CHINESE COMPA-
 6   NIES.—The Secretary of Defense shall provide for mecha-

 7 nisms to restrict employees or former employees of the de-
 8 fense industrial base that contribute to the technology ref-
 9 erenced in subsection (b) from working directly for compa-
10 nies wholly owned by, or under the direction of, the Govern-
11 ment of the Peoples Republic of China.
12       (d) REPORTS.—
13              (1) DEPARTMENT OF DEFENSE REPORT.—Not
14       later than May 1, 2021, the Secretary of Defense shall
15       submit to the congressional defense committees a re-
16       port on progress in implementing the measures de-
17       scribed in subsections (a) through (c).
18              (2) COMPTROLLER      GENERAL       REPORT.—   Not
19       later than December 1, 2021, the Comptroller General
20       of the United States shall submit to the congressional
21       defense committees a report reviewing the report sub-
22       mitted under paragraph (1) and providing an assess-
23       ment of the effectiveness of the measures implemented
24       under this section.




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 1             (3) FORM.—The reports required under this sub-
 2       section shall be submitted in unclassified form but
 3       may contain classified annexes.
 4   SEC. 892. DOMESTIC COMPARATIVE TESTING ACTIVITIES.

 5       Section 2350a(g)(1)(A) of title 10, United States Code,
 6 is amended by inserting ‘‘and conventional defense equip-
 7 ment, munitions, and technologies manufactured and devel-
 8 oped domestically’’ after ‘‘in subsection (a)(2)’’.
 9   SEC. 893. REPEAL OF APPRENTICESHIP PROGRAM.

10       (a) IN GENERAL.—Section 2870 of title 10, United
11 States Code, as added by section 865 of the National Defense
12 Authorization Act for Fiscal Year 2020 (Public Law 116–
13 92), is repealed.
14       (b) CONFORMING AMENDMENTS.—
15             (1) CLERICAL AMENDMENT.—The table of sec-
16       tions at the beginning of subchapter III of chapter
17       169 of title 10, United States Code, is amended by
18       striking the item relating to section 2870.
19             (2) OBSOLETE PROVISION.—Section 865 of the
20       National Defense Authorization Act for Fiscal Year
21       2020 (Public Law 116–92) is repealed.




      † HR 6395 EAS
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1 TITLE IX—DEPARTMENT OF DE-
2    FENSE ORGANIZATION AND
3    MANAGEMENT
4 Subtitle A—Office of the Secretary
5   of Defense and Related Matters
6    SEC. 901. ASSISTANT SECRETARY OF DEFENSE FOR SPE-

7                     CIAL OPERATIONS AND LOW INTENSITY CON-

8                     FLICT AND RELATED MATTERS.

9        (a) IN GENERAL.—
10             (1) CLARIFICATION OF CHAIN OF ADMINISTRA-
11       TIVE COMMAND.—Section 138(b)(2) of title 10, United

12       States Code, is amended—
13                     (A) by redesignating clauses (i), (ii), and
14             (iii) of subparagraph (B) as subclauses (I), (II),
15             and (III), respectively;
16                     (B) by redesignating subparagraphs (A)
17             and (B) as clauses (i) and (ii), respectively;
18                     (C) by inserting ‘‘(A)’’ after ‘‘(2)’’;
19                     (D) in clause (i) of subparagraph (A), as
20             redesignated by this paragraph, by inserting be-
21             fore the period at the end the following: ‘‘through
22             the administrative chain of command specified
23             in section 167(f) of this title;’’ and
24                     (E) by adding at the end the following new
25             subparagraph:


      † HR 6395 EAS
                               553
 1       ‘‘(B) In the discharge of the responsibilities specified
 2 in subparagraph (A)(i), the Assistant Secretary is imme-
 3 diately subordinate to the Secretary of Defense and the Dep-
 4 uty Secretary of Defense. No officer below the Secretary or
 5 the Deputy Secretary may intervene to exercise authority,
 6 direction, or control over the Assistant Secretary in the dis-
 7 charge of such responsibilities.’’.
 8             (2)    TECHNICAL      AMENDMENT.—Subparagraph

 9       (A) of such section, as redesignated by paragraph (2),
10       is further amended in the matter preceding clause (i),
11       as so redesignated, by striking ‘‘section 167(j)’’ and
12       inserting ‘‘section 167(k)’’.
13       (b) FULFILLMENT OF SPECIAL OPERATIONS RESPON-
14   SIBILITIES.—

15             (1) IN   GENERAL.—Section      139b of title 10,
16       United States Code, is amended to read as follows:
17 ‘‘§ 139b. Secretariat for Special Operations; Special
18                Operations Policy and Oversight Council

19       ‘‘(a) SECRETARIAT FOR SPECIAL OPERATIONS.—
20             ‘‘(1) IN GENERAL.—In order to fulfill the respon-
21       sibilities of the Assistant Secretary of Defense for Spe-
22       cial Operations and Low Intensity Conflict specified
23       in section 138(b)(2)(A)(i) of this title, there shall be
24       within the Office of the Assistant Secretary of Defense
25       for Special Operations and Low Intensity Conflict an


      † HR 6395 EAS
                             554
 1      office to be known as the ‘Secretariat for Special Op-
 2      erations’.
 3            ‘‘(2) PURPOSE.—The purpose of the Secretariat
 4      is to assist the Assistant Secretary in exercising au-
 5      thority, direction, and control with respect to the spe-
 6      cial operations-peculiar administration and support
 7      of the special operations command, including the
 8      readiness and organization of special operations
 9      forces, resources and equipment, and civilian per-
10      sonnel as specified in such section.
11            ‘‘(3) DIRECTOR.—The Director of the Secretariat
12      for Special Operations shall be appointed by the Sec-
13      retary of Defense from among individuals qualified to
14      serve as the Director. The Director shall have a grade
15      of Deputy Assistant Secretary of Defense.
16            ‘‘(4) ADMINISTRATIVE CHAIN OF COMMAND.—For
17      purposes of the support of the Secretariat for the As-
18      sistant Secretary in the fulfillment of the responsibil-
19      ities referred to in paragraph (1), the administrative
20      chain of command is as specified in section 167(f) of
21      this title. No officer below the Secretary of Defense or
22      the Deputy Secretary of Defense (other than the As-
23      sistant Secretary) may intervene to exercise author-
24      ity, direction, or control over the Secretariat in its




     † HR 6395 EAS
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 1      support of the Assistant Secretary in the discharge of
 2      such responsibilities.
 3      ‘‘(b) SPECIAL OPERATIONS POLICY AND OVERSIGHT
 4 COUNCIL.—
 5            ‘‘(1) IN GENERAL.—In order to fulfill the respon-
 6      sibilities specified in section 138(b)(2)(A)(i) of this
 7      title, there shall also be within the Office of the Assist-
 8      ant Secretary of Defense for Special Operations and
 9      Low Intensity Conflict a team known as the ‘Special
10      Operation Policy and Oversight Council’. The team is
11      lead by the Assistant Secretary of Defense for Special
12      Operations and Low Intensity Conflict, or the Assist-
13      ant Secretary’s designee..
14            ‘‘(2) PURPOSE.—The purpose of the Council is to
15      integrate the functional activities of the headquarters
16      of the Department of Defense in order to most effi-
17      ciently and effectively provide for special operations
18      forces and capabilities. In fulfilling this purpose, the
19      Council shall develop and continuously improve pol-
20      icy, joint processes, and procedures that facilitate the
21      development, acquisition, integration, employment,
22      and sustainment of special operations forces and ca-
23      pabilities.
24            ‘‘(3) MEMBERSHIP.—The Council shall include
25      the following:


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1                    ‘‘(A) The Assistant Secretary, who shall act
2             as leader of the Council.
3                    ‘‘(B) Appropriate senior representatives of
4             each of the following:
5                         ‘‘(i) The Under Secretary of Defense
6                    for Research and Engineering.
7                         ‘‘(ii) The Under Secretary of Defense
8                    for Management and Support.
9                         ‘‘(iii) The Under Secretary of Defense
10                   (Comptroller).
11                        ‘‘(iv) The Under Secretary of Defense
12                   for Personnel and Readiness.
13                        ‘‘(v) The Under Secretary of Defense
14                   for Intelligence.
15                        ‘‘(vi) The General Counsel of the De-
16                   partment of Defense.
17                        ‘‘(vii) The other Assistant Secretaries
18                   of Defense under the Under Secretary of De-
19                   fense for Policy.
20                        ‘‘(viii) The military departments.
21                        ‘‘(ix) The Joint Staff.
22                        ‘‘(x) The United States Special Oper-
23                   ations Command.
24                        ‘‘(xi) Such other officials or Agencies,
25                   elements, or components of the Department


     † HR 6395 EAS
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 1                      of Defense as the Secretary of Defense con-
 2                      siders appropriate.
 3                ‘‘(4) OPERATION.—The Council shall operate
 4         continuously.’’.
 5                (2) CLERICAL AMENDMENT.—The table of sec-
 6         tions at the beginning of chapter 4 of such title is
 7         amended by striking the item relating to section 139b
 8         and inserting the following new item:
     ‘‘139b. Secretariat for Special Operations; Special Operations Policy and Over-
                       sight Council.’’.

 9         (c) DOD DIRECTIVE ON RESPONSIBILITIES OF ASD
10 SOLIC.—
11                (1) IN GENERAL.—Not later than 180 days after
12         the date of the enactment of this Act, the Secretary of
13         Defense shall publish a Department of Defense direc-
14         tive establishing policy and procedures related to the
15         exercise of authority, direction, and control of all spe-
16         cial-operations peculiar administrative matters relat-
17         ing to the organization, training, and equipping of
18         special operations forces by the Assistant Secretary of
19         Defense for Special Operations and Low Intensity
20         Conflict as specified by section 138(b)(2)(A)(i) of title
21         10, United States Code, as amended by subsection
22         (a)(1).
23                (2) MATTERS FOR INCLUDING.—The directive re-
24         quired by paragraph (1) shall include the following:

       † HR 6395 EAS
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1                    (A) A specification of responsibilities for co-
2             ordination on matters affecting the organization,
3             training, and equipping of special operations
4             forces.
5                    (B) An identification and specification of
6             updates to applicable documents and instruc-
7             tions of the Department of Defense.
8                    (C) Mechanisms to ensure the inclusion of
9             the Assistant Secretary in all Departmental gov-
10            ernance forums affecting the organization, train-
11            ing, and equipping of special operations forces.
12                   (D) Such other matters as the Secretary
13            considers appropriate.
14            (3) APPLICABILITY.— The directive required by
15      paragraph (1) shall apply throughout the Department
16      of Defense to all components of the Department of De-
17      fense.
18            (4) LIMITATION ON AVAILABILITY OF CERTAIN
19      FUNDING PENDING PUBLICATION.—Of               the amounts
20      authorized to be appropriated by this Act for fiscal
21      year 2021 for operation and maintenance, Defense-
22      wide, and available for the Office of the Secretary of
23      Defense, not more than 75 percent may be obligated
24      or expended until the date that is 15 days after the




     † HR 6395 EAS
                               559
 1       date on which the Secretary publishes the directive re-
 2       quired by paragraph (1).
 3   SEC. 902. REDESIGNATION AND CODIFICATION IN LAW OF

 4                    OFFICE OF ECONOMIC ADJUSTMENT.

 5       (a) REDESIGNATION.—
 6             (1) IN GENERAL.—The Office of Economic Ad-
 7       justment in the Office of the Secretary of Defense is
 8       hereby redesignated as the ‘‘Office of Local Defense
 9       Community Cooperation’’.
10             (2) REFERENCES.—Any reference in a law, map,
11       regulation, document, paper, or other record of the
12       United States to the office referred to in paragraph
13       (1) shall be deemed to be a reference to the ‘‘Office of
14       Local Defense Community Cooperation’’.
15       (b) CODIFICATION IN LAW.—
16             (1) IN GENERAL.—Chapter 4 of title 10, United
17       States Code, is amended by adding at the end the fol-
18       lowing new section:
19 ‘‘§ 146. Office of Local Defense Community Coopera-
20                tion

21       ‘‘(a) IN GENERAL.—There is an Office of Local Defense
22 Community Cooperation in the Office of the Under Sec-
23 retary of Defense for Acquisition and Sustainment.
24       ‘‘(b) DIRECTOR.—The Office shall be headed by the Di-
25 rector of the Office of Local Defense Community Coopera-


      † HR 6395 EAS
                                560
1 tion, who shall be assigned to such position by the Under
2 Secretary from among civilian employees of the Department
3 of Defense who are qualified to serve in the position.
 4       ‘‘(c) FUNCTIONS.—Subject to the authority, direction,
 5 and control of the Under Secretary, the Office shall—
 6             ‘‘(1) in cooperation with the other components, of
 7       the Department of Defense be the primary office with-
 8       in the Department for the provision of assistance to
 9       States, counties, municipalities, regions, and commu-
10       nities intended to—
11                    ‘‘(A) foster greater cooperation with mili-
12             tary installations in order to enhance the mili-
13             tary mission, achieve facility and infrastructure
14             savings and reduced operating costs, address en-
15             croachment and compatible land use issues, sup-
16             port military families, and increase military, ci-
17             vilian, and industrial readiness and resiliency;
18             and
19                    ‘‘(B) address impacts caused by changes in
20             defense programs, including basing decisions, de-
21             fense industry expansions or contractions, in-
22             creases or reductions in Federal civilian or con-
23             tractor personnel, and expansions, realignments,
24             and closures of military installations;




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 1                ‘‘(2) provide support to the Economic Adjust-
 2         ment Committee within the Executive Office of the
 3         President, or any successor interagency coordination
 4         body; and
 5                ‘‘(3) perform such other functions as the Sec-
 6         retary of Defense may prescribe.
 7         ‘‘(d) ANNUAL REPORT TO CONGRESS.—Not later than
 8 June 1 each year, the Director of the Office of Local Defense
 9 Community Cooperation shall submit to the congressional
10 defense committees a report on the activities of the Office
11 during the preceding year, including the assistance pro-
12 vided pursuant to subsection (c)(1) during such year.’’.
13                (2) CLERICAL AMENDMENT.—The table of sec-
14         tions at the beginning of chapter 4 of such title is
15         amended by adding at the end the following new item:
     ‘‘146. Office of Local Defense Community Cooperation.’’.

16   SEC. 903. MODERNIZATION OF PROCESS USED BY THE DE-

17                     PARTMENT OF DEFENSE TO IDENTIFY, TASK,

18                     AND MANAGE CONGRESSIONAL REPORTING

19                     REQUIREMENTS.

20         (a) ANALYSIS REQUIRED.—The Assistant Secretary of
21 Defense for Legislative Affairs shall conduct an analysis of
22 the process used by the Department of Defense to identify
23 reports to Congress required by annual national defense au-
24 thorization Acts, assign responsibility for preparation of
25 such reports, and manage the completion and delivery of
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 1 such reports to Congress for the purpose of identifying
 2 mechanisms to optimize and otherwise modernize the proc-
 3 ess.
 4        (b) CONSULTATION.—The Assistant Secretary shall
 5 conduct the analysis required by subsection (a) with the as-
 6 sistance of and in consultation with the Chief Data Officer
 7 of the Department of Defense and the Director of the Defense
 8 Digital Service.
 9        (c) ELEMENTS.—The analysis required by subsection
10 (a) shall include the following:
11             (1) A business process reengineering of the proc-
12        ess described in subsection (a).
13             (2) An assessment of applicable commercially
14        available analytics tools, technologies, and services in
15        connection with such business process reengineering.
16             (3) Such other actions as the Assistant Secretary
17        considers appropriate for purposes of the analysis.
18        (d) BRIEFING.—Not later than November 15, 2020, the
19 Assistant Secretary shall brief the congressional defense
20 committees on the results of the analysis required by sub-
21 section (a). The briefing shall address the following:
22             (1) The results of the analysis and of the busi-
23        ness process reengineering described in subsection
24        (c)(1).




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 1             (2) A description of the actions being taken, and
 2       to be taken, to optimize and otherwise improve the
 3       process described in subsection (a).
 4             (3) Such recommendations for administrative
 5       and legislative action as the Assistant Secretary con-
 6       siders appropriate to facilitate the optimization and
 7       improvement of the process described in subsection (a)
 8       as a result of the analysis and the business process re-
 9       engineering.
10             (4) Such other matters as the Assistant Secretary
11       considers appropriate in connection with the anal-
12       ysis, the business process reengineering and the opti-
13       mization and improvement of the process described in
14       subsection (a).
15   SEC. 904. INCLUSION OF VICE CHIEF OF THE NATIONAL

16                    GUARD BUREAU AS AN ADVISOR TO THE

17                    JOINT REQUIREMENTS OVERSIGHT COUNCIL.

18       Section 181(d)(3) of title 10, United States Code, is
19 amended—
20             (1) in the heading, by inserting ‘‘AND       VICE

21       CHIEF OF THE NATIONAL GUARD BUREAU’’ after ‘‘OF

22       STAFF’’;

23             (2) by striking ‘‘of the Chiefs of Staff’’ and in-
24       serting ‘‘of—
25                     ‘‘(A) the Chiefs of Staff’’;


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 1             (3) by striking the period at the end and insert-
 2       ing ‘‘; and’’; and
 3             (4) by adding at the end the following new sub-
 4       paragraph:
 5                     ‘‘(B) the Vice Chief of the National Guard
 6             Bureau when matters involving non-Federalized
 7             National Guard capabilities in support of home-
 8             land defense or civil support missions are under
 9             consideration by the Council.’’.
10   SEC. 905. ASSIGNMENT OF RESPONSIBILITY FOR THE ARC-

11                    TIC REGION WITHIN THE OFFICE OF THE SEC-

12                    RETARY OF DEFENSE.

13       The Assistant Secretary of Defense for International
14 Security Affairs shall assign responsibility for the Arctic
15 region to the Deputy Assistant Secretary of Defense for the
16 Western Hemisphere or any other Deputy Assistant Sec-
17 retary of Defense the Secretary of Defense considers appro-
18 priate.
19    Subtitle B—Department of Defense
20           Management Reform
21   SEC. 911. TERMINATION OF POSITION OF CHIEF MANAGE-

22                    MENT OFFICER OF THE DEPARTMENT OF DE-

23                    FENSE.

24       (a) TERMINATION.—




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 1             (1) IN GENERAL.—The position of Chief Manage-
 2       ment Officer of the Department of Defense is termi-
 3       nated, effective on the date specified by the Secretary
 4       of Defense, which date may not be later than Sep-
 5       tember 30, 2022.
 6             (2) NOTICE.—The Secretary shall submit to the
 7       Committees on Armed Services of the Senate and the
 8       House of Representatives a notice on the effective date
 9       specified pursuant to paragraph (1).
10       (b) CONFORMING REPEAL OF ESTABLISHING AUTHOR-
11   ITY.—

12             (1) IN   GENERAL.—Section      132a of title 10,
13       United States Code, is repealed.
14             (2) TABLE OF SECTIONS.—The table of sections
15       at the beginning of chapter 4 of such title is amended
16       by striking the item relating to section 132a.
17             (3) EFFECTIVE DATE.—The amendments made
18       by this subsection shall take effect on the effective date
19       specified pursuant to subsection (a)(1).




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 1   SEC. 912. REPORT ON ASSIGNMENT OF RESPONSIBILITIES,

 2                    DUTIES, AND AUTHORITIES OF CHIEF MAN-

 3                    AGEMENT OFFICER TO OTHER OFFICERS OR

 4                    EMPLOYEES OF THE DEPARTMENT OF DE-

 5                    FENSE.

 6       (a) REPORT.—Not later than 45 days before the effec-
 7 tive date specified pursuant to section 911(a)(1), the Sec-
 8 retary of Defense shall submit to the Committees on Armed
 9 Services of the Senate and the House of Representatives a
10 report setting forth the following:
11             (1) The position and title of each officer or em-
12       ployee of the Department of Defense, and the compo-
13       nent of such officer or employee, in whom the Sec-
14       retary will vest responsibility and authority to per-
15       form responsibilities and duties, and exercise authori-
16       ties, assigned to the Chief Management Officer of the
17       Department of Defense, whether by statute or by di-
18       rective, instruction, policy, or practice of the Depart-
19       ment of Defense, on the termination of the position of
20       Chief Management Officer under section 911.
21             (2) A description of the responsibilities, duties,
22       and authorities, if any, assigned to the Chief Manage-
23       ment Officer by statute that the Secretary rec-
24       ommends for discontinuation or modification, and a
25       justification for such recommendation.


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1             (3) A description of the responsibilities, duties,
2       and authorities, if any, assigned to the Chief Manage-
3       ment Officer by directive, instruction, policy, or prac-
4       tice of the Department that the Secretary recommends
5       for discontinuation or modification, and a justifica-
6       tion for such recommendation.
7             (4) A description of the general process and
8       timeline for the effective transfer of each responsi-
9       bility, duty, and authority assigned to the Chief Man-
10      agement Officer by statute or by policy, instruction,
11      or practice of the Department to the officer or em-
12      ployee in whom such responsibility, duty, and author-
13      ity will be vested as described in paragraph (1).
14            (5) A description of the manner and timeline in
15      which the resources of the Chief Management Officer,
16      including funding and human capital, will be re-
17      aligned or repurposed to other organizations in the
18      Office of the Secretary of Defense or to other compo-
19      nents of the Department.
20            (6) A description of the general process and
21      timeline for the assignment of responsibility of each
22      issue under the jurisdiction of the Chief Management
23      Officer current identified by the Comptroller General
24      of the United States as ‘‘high risk’’ to an officer or
25      employee in the Department who is specifically


     † HR 6395 EAS
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 1       charged by the Secretary to initiate and sustain
 2       progress toward resolution of such issue.
 3             (7)    Such   recommendations   (including    rec-
 4       ommendations for legislative action) as the Secretary
 5       considers appropriate for additional authorities and
 6       resources (including funding and human capital re-
 7       sources) necessary to ensure that each officer or em-
 8       ployee, in whom the Secretary vests responsibility and
 9       authority as described in paragraph (1) is capable of
10       exercising such responsibility and authority effec-
11       tively.
12             (8) Such other matters in connection with the
13       termination of the position of Chief Management Offi-
14       cer, and the transition of the responsibilities, duties,
15       and authorities of the Chief Management Officer in
16       connection with such termination, as the Secretary
17       considers appropriate.
18       (b) VESTING OF CERTAIN RESPONSIBILITIES, DUTIES,
19   AND AUTHORITIES IN PARTICULAR OFFICERS.—In setting

20 forth matters under paragraph (1) of subsection (a), the re-
21 port required by that subsection shall address, in par-
22 ticular, the following:
23             (1) Vesting of responsibilities, duties, and au-
24       thorities of the Chief Management Officer in the Dep-
25       uty Secretary of Defense in the Deputy Secretary’s


      † HR 6395 EAS
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 1        capacity as the Chief Operating Officer of the Depart-
 2        ment of Defense for purposes of functions specified in
 3        section 1123 of title 31, United States Code.
 4              (2) Vesting of responsibilities, duties, and au-
 5        thorities of the Chief Management Officer in the Per-
 6        formance Improvement Officer of the Department of
 7        Defense under section 142a of title 10, United States
 8        Code (as added by section 913 of this Act), for pur-
 9        poses of functions specified in section 1124 of title 31,
10        United States Code.
11        (c) OTHER RESPONSIBILITIES, DUTIES AND AUTHORI-
12   TIES.—In addition to any other responsibilities, duties, and

13 authorities of the Chief Management Officer, the report re-
14 quired by subsection (a) shall specifically address respon-
15 sibilities, duties, and authorities of the Chief Management
16 Officer with respect to the following:
17              (1) Establishment of policies for, and the direc-
18        tion and management of, enterprise business oper-
19        ations and shared business services of the Depart-
20        ment, as set forth in section 132a(b) of title 10,
21        United States Code, and section 921(b) of the John S.
22        McCain National Defense Authorization Act for Fis-
23        cal Year 2019 (10 U.S.C. 2222 note).
24              (2) Exercise of authority, direction, and control
25        over the Defense Agencies and Department of Defense


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 1      Field Activities for shared business services and budg-
 2      et review, assessment, certification, and reporting, as
 3      set forth in subsections (b) and (c) of section 132a of
 4      title 10, United States Code, and section 192 of that
 5      title.
 6               (3) Minimization of duplication of efforts, maxi-
 7      mization of efficiency and effectiveness, and establish-
 8      ment of metrics for performance among and for all
 9      components of the Department, as set forth in section
10      132a(b) of title 10, United States Code.
11               (4) Issuance and maintenance of guidance on
12      covered defense business systems, development and
13      maintenance of the defense business enterprise archi-
14      tecture, exercise of authorities and responsibilities
15      with respect to common enterprise data, leadership of
16      and matters within the Defense Business Council, and
17      service as the appropriate approval official in the
18      case of certain covered defense business systems and
19      programs, as set forth in section 2222 of title 10,
20      United States Code.
21               (5) The Financial Improvement and Audit Re-
22      mediation Plan, as set forth in section 240b of title
23      10, United States Code.
24               (6) Receipt of audit reports, as set forth in sec-
25      tion 240d of title 10, United States Code.


     † HR 6395 EAS
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1             (7) Discharge by the Department of the annual
2       reviews required by section 11319 of title 40, United
3       States Code.
4             (8) Business transformation efforts of the defense
5       commissary system and the exchange stores system, as
6       set forth in section 631 of the National Defense Au-
7       thorization Act for Fiscal Year 2020 (Public Law
8       116–92).
9             (9) Analysis of Department business manage-
10      ment and operations datasets, as set forth in section
11      922 of the John S. McCain National Defense Author-
12      ization Act for Fiscal Year 2019 (10 U.S.C. 2222
13      note).
14            (10) Reviews, reports, and other actions required
15      by sections 924, 925, 926, 927, and 1624 of the John
16      S. McCain National Defense Authorization Act for
17      Fiscal Year 2019, to the extent such reviews, reports,
18      and actions have not been completed as of the date of
19      the report under subsection (a).
20            (11) Science and technology activities in support
21      of business systems information technology acquisi-
22      tion as set forth in section 217 of the National De-
23      fense Authorization Act for Fiscal Year 2016 (10
24      U.S.C. 2445a note).




     † HR 6395 EAS
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 1             (12) Relationships with the Chief Management
 2       Officers of the military departments, and the develop-
 3       ment and update of a strategic management plan for
 4       the Department, as set forth in section 904 of the Na-
 5       tional Defense Authorization Act for Fiscal Year 2008
 6       (Public Law 110–181) and the amendments made by
 7       that section.
 8   SEC. 913. PERFORMANCE IMPROVEMENT OFFICER OF THE

 9                    DEPARTMENT OF DEFENSE.

10       (a) PERFORMANCE IMPROVEMENT OFFICER.—
11             (1) IN GENERAL.—Chapter 4 of title 10, United
12       States Code, is amended by inserting after section 142
13       the following new section:
14 ‘‘§ 142a. Performance Improvement Officer of the De-
15                 partment of Defense

16       ‘‘(a) There is an Performance Improvement Officer of
17 the Department of Defense, who is designated as provided
18 in section 1124(a)(1) of title 31.
19       ‘‘(b) The Performance Improvement Officer shall—
20             ‘‘(1) perform the duties and responsibilities, and
21       exercise the powers set forth in section 1124 of title
22       31; and
23             ‘‘(2) perform such additional duties and respon-
24       sibilities, and exercise such other powers, as the Sec-




      † HR 6395 EAS
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 1         retary of Defense and the Deputy Secretary of Defense
 2         may prescribe.
 3         ‘‘(c) Subject to the authority, direction, and control of
 4 the Secretary of Defense, the Performance Improvement Of-
 5 ficer reports, without intervening authority, directly to the
 6 Deputy Secretary of Defense, in the Deputy Secretary’s role
 7 as the Chief Operating Officer of the Department of Defense
 8 under section 1123 of title 31.
 9         ‘‘(d) The Performance Improvement Officer may com-
10 municate views on matters within the responsibility of the
11 Officer directly to the Deputy Secretary of Defense, without
12 obtaining the approval or concurrence of any other officer
13 in the Department of Defense.’’.
14                (2) CLERICAL AMENDMENT.—The table of section
15         at the beginning of chapter 4 of such title is amended
16         by inserting after the item relating to section 142 the
17         following new item:
     ‘‘142a. Performance Improvement Officer of the Department of Defense.’’.

18         (b) EFFECTIVE DATE.—
19                (1) IN GENERAL.—The amendments made by
20         subsection (a) shall take effect on such date as the
21         Secretary of Defense shall specify for purposes of this
22         section, which date may not be later than one day be-
23         fore the effective date specified by the Secretary pur-
24         suant to section 911(a)(1).


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 1             (2) NOTICE.—The Secretary shall submit to the
 2       Committees on Armed Services of the Senate and the
 3       House of Representatives a notice on the effective date
 4       specified pursuant to paragraph (1).
 5   SEC. 914. ASSIGNMENT OF CERTAIN RESPONSIBILITIES

 6                    AND DUTIES TO PARTICULAR OFFICERS OF

 7                    THE DEPARTMENT OF DEFENSE.

 8       (a) CERTAIN RESPONSIBILITIES AND DUTIES OF DEP-
 9   UTY SECRETARY OF DEFENSE.—

10             (1) CHIEF OPERATING OFFICER OF THE DEPART-
11       MENT OF DEFENSE.—Section 132 of title 10, United

12       States Code, is amended—
13                     (A) by redesignating subsections (c), (d),
14             and (e) as subsections (d), (e), and (f), respec-
15             tively; and
16                     (B) by inserting after subsection (b) the fol-
17             lowing new subsection (c):
18       ‘‘(c)(1) In accordance with section 1123 of title 31, the
19 Deputy Secretary performs the duties, has the responsibil-
20 ities, and exercises the powers of the Chief Operating Officer
21 of the Department of Defense.
22       ‘‘(2) Subject to the authority, direction, and control
23 of the Secretary of Defense, the Deputy Secretary shall su-
24 pervise the Performance Improvement Officer of the Depart-




      † HR 6395 EAS
                                 575
 1 ment of Defense in the Officer’s performance of duties and
 2 responsibilities specified in section 142a of this title.’’.
 3                 (2) DESIGNATION OF PRIORITY DEFENSE BUSI-
 4          NESS SYSTEMS.—Section 2222(h)(5)(B) of such title

 5          is amended by striking ‘‘the Chief Management Offi-
 6          cer of the Department of Defense’’ and inserting ‘‘the
 7          Deputy Secretary of Defense, or such other officer of
 8          the Department of Defense as the Secretary or the
 9          Deputy Secretary may designate,’’.
10          (b) PERIODIC REVIEWS OF DEFENSE AGENCIES AND
11 DEPARTMENT OF DEFENSE FIELD ACTIVITIES IN CONNEC-
12   TION    WITH BUSINESS ENTERPRISE REFORM.—Section
13 192(c) of such title is amended—
14                 (1) by redesignating paragraph (3), as redesig-
15          nated by section 923(a)(1) of the John S. McCain Na-
16          tional Defense Authorization Act for Fiscal Year 2019
17          (Public Law 115–232; 132 Stat. 1930), as paragraph
18          (4);
19                 (2) by redesignating paragraphs (1) and (2), as
20          added by section 923(a)(2) of the John S. McCain
21          National Defense Authorization Act for Fiscal Year
22          2019, as paragraphs (2) and (3), respectively;
23                 (3) in paragraph (2), as redesignated by para-
24          graph (2) of this subsection—




      † HR 6395 EAS
                                576
 1                    (A) in subparagraph (A), by striking ‘‘the
 2             Chief Management Officer of the Department of
 3             Defense’’ and inserting ‘‘the Secretary, the Dep-
 4             uty Secretary of Defense, or an officer of the De-
 5             partment of Defense designated by the Secretary
 6             or the Deputy Secretary’’;
 7                    (B) in subparagraph (B), by striking ‘‘the
 8             Chief Management Officer’’ and inserting ‘‘the
 9             officer conducting such review’’; and
10                    (C) in subparagraph (C), by striking ‘‘the
11             Chief Management Officer’’ and inserting ‘‘the
12             Secretary’’; and
13             (4) in paragraph (3), as so redesignated, by
14       striking ‘‘the Chief Management Officer’’ each place it
15       appears in subparagraphs (A) and (B) and inserting
16       ‘‘the officer conducting such review’’.
17       (c) RESPONSIBILITY OF UNDER SECRETARY OF DE-
18   FENSE (COMPTROLLER) FOR FINANCIAL IMPROVEMENT AND

19 AUDIT REMEDIATION PLAN.—Subsection (a) of section
20 240b of such title is amended to read as follows:
21       ‘‘(a) IN GENERAL.—The Under Secretary of Defense
22 (Comptroller) shall, together with such other officers and
23 employees of the Department of Defense as the Secretary
24 of Defense or the Deputy Secretary of Defense may des-




      † HR 6395 EAS
                                  577
 1 ignate, shall maintain a plan to be known as the ‘Financial
 2 Improvement and Audit Remediation Plan’.’’.
 3       (d) PERFORMANCE IMPROVEMENT OFFICER FUNC-
 4   TIONS FOR DEFENSE BUSINESS SYSTEMS.—Section 2222

 5 of such title is amended—
 6             (1) in subsection (e)(6)(C), by inserting ‘‘and the
 7       Performance Improvement Officer of the Department
 8       of Defense’’ after ‘‘The Director of Cost Assessment
 9       and Program Evaluation’’; and
10             (2) in subsection (f)(2)(B)—
11                    (A) by redesignating clauses (i) through
12             (iii) as clauses (ii) through (iv), respectively;
13             and
14                    (B) by inserting before clause (ii), as redes-
15             ignated by paragraph (1), the following new
16             clause (i):
17                           ‘‘(i) The Performance Improvement Of-
18                    ficer of the Department of Defense.’’.
19       (e) EFFECTIVE DATE.—The amendments made by this
20 section shall take effect on the effective date specified in sec-
21 tion 911(a)(1).




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                                  578
 1   SEC. 915. ASSIGNMENT OF RESPONSIBILITIES AND DUTIES

 2                    OF CHIEF MANAGEMENT OFFICER TO OFFI-

 3                    CERS OR EMPLOYEES OF THE DEPARTMENT

 4                    OF DEFENSE TO BE DESIGNATED.

 5       (a) TITLE 10, UNITED STATES CODE.—Title 10,
 6 United States Code, is amended as follows:
 7             (1) In section 240d(d)(1)(A), by striking ‘‘the
 8       Chief Management Officer of the Department of De-
 9       fense’’ and inserting ‘‘any other officer or employee of
10       the Department of Defense that the Secretary of De-
11       fense or the Deputy Secretary of Defense may des-
12       ignate for purposes of this section’’.
13             (2) Section 2222 is amended—
14                     (A) in subsection (c)(2)—
15                          (i) by striking ‘‘the Chief Management
16                     Officer of the Department of Defense,’’; and
17                          (ii) by striking ‘‘and the Chief Man-
18                     agement Officer of each of the military de-
19                     partments’’ and inserting ‘‘the Chief Man-
20                     agement Officer of each of the military de-
21                     partments, and other appropriate officers or
22                     employees of the Department and its compo-
23                     nents’’;
24                     (B) in subsection (e)—
25                          (i) in paragraph (1), by striking ‘‘the
26                     Chief Management Officer of the Depart-
      † HR 6395 EAS
                                579
1                    ment of Defense’’ and inserting ‘‘such offi-
2                    cers or employees of the Department of De-
3                    fense as the Secretary shall designate’’;
4                         (ii) in paragraph (6)—
5                              (I) in subparagraph (A)—
6                                     (aa) by striking ‘‘The Chief
7                              Management Officer of the De-
8                              partment of Defense’’ and insert-
9                              ing ‘‘Such officers of the Depart-
10                             ment of Defense as the Secretary
11                             shall designate’’; and
12                                    (bb) by striking ‘‘the Chief
13                             Management Officer’’ and insert-
14                             ing ‘‘such officers’’; and
15                             (II) in subparagraph (B), by
16                        striking ‘‘The Chief Management Offi-
17                        cer and the Under Secretary of Defense
18                        (Comptroller)’’ and inserting ‘‘The
19                        Under Secretary of Defense (Comp-
20                        troller) and such other officers of the
21                        Department as the Secretary shall des-
22                        ignate’’;
23                   (C) in subsection (f)(1), by striking ‘‘the
24            Chief Management Office and the Chief Informa-
25            tion Office of the Department of Defense’’ and


     † HR 6395 EAS
                                580
 1             inserting ‘‘the Chief Information Officer of the
 2             Department of Defense and such other officers or
 3             employees of the Department of Defense as the
 4             Secretary may designate’’; and
 5                    (D) in subsection (g)(2), by striking ‘‘the
 6             Chief Management Officer of the Department of
 7             Defense’’ each place it appears in subparagraphs
 8             (A) and (B)(ii) and inserting ‘‘an officer or em-
 9             ployee of the Department of Defense designated
10             by the Secretary’’.
11       (b) TITLE 40, UNITED STATES CODE.—Section
12 11319(d)(4) of title 40, United States Code, is amended by
13 striking ‘‘the Chief Management Officer of the Department
14 of Defense (of any successor to such Officer)’’ and inserting
15 ‘‘the officer of the Department of Defense designated by the
16 Secretary of Defense or the Deputy Secretary of Defense for
17 such purpose’’.
18       (c) PUBLIC LAW 116–92.—Section 631(a) of the Na-
19 tional Defense Authorization Act for Fiscal Year 2020 (Pub-
20 lic Law 116–92) is amended by striking ‘‘the Chief Manage-
21 ment Officer of the Department of Defense’’ and inserting
22 ‘‘such officer of the Department of Defense as the Secretary
23 of Defense or the Deputy Secretary of Defense may des-
24 ignate’’.




      † HR 6395 EAS
                                 581
 1       (d) PUBLIC LAW 115–232.—The John S. McCain Na-
 2 tional Defense Authorization Act for Fiscal Year 2019 (Pub-
 3 lic Law 115–232) is amended as follows:
 4             (1) In section 921(b)(1) (10 U.S.C. 2222 note)—
 5                    (A) in subparagraph (A), by striking ‘‘the
 6             Chief Management Officer of the Department of
 7             Defense’’ and inserting ‘‘such officer or employee
 8             of the Department of Defense as the Secretary of
 9             Defense or the Deputy Secretary of Defense shall
10             designate’’;
11                    (B) in subparagraph (B)—
12                         (i) in the subparagraph heading, by
13                    striking ‘‘CMO’’;
14                         (ii) by striking ‘‘the Chief Management
15                    Officer’’ the first place it appears and in-
16                    serting ‘‘the Secretary shall, acting through
17                    such officer or employee of the Department
18                    as the Secretary or the Deputy Secretary
19                    shall designate’’; and
20                         (iii) by striking ‘‘by the Chief Manage-
21                    ment Officer’’.
22             (2) In section 922 (10 U.S.C. 2222 note)—
23                    (A) in subsection (a), by striking ‘‘The
24             Chief Management Officer of the Department of
25             Defense’’ and inserting ‘‘An officer or employee


      † HR 6395 EAS
                                582
1             of the Department of Defense designated by the
2             Secretary of Defense or the Deputy Secretary of
3             Defense’’; and
4                    (B) in subsection (b)—
5                         (i) in paragraph (1)—
6                              (I) in the matter preceding sub-
7                         paragraph (A), by striking ‘‘The Chief
8                         Management Officer’’ and inserting
9                         ‘‘The officer or employee designated
10                        pursuant to subsection (a)’’; and
11                             (II) in subparagraph (B), by
12                        striking ‘‘The Chief Management Offi-
13                        cer’’ and inserting ‘‘such officer or em-
14                        ployee’’; and
15                        (ii) in paragraph (2), by striking ‘‘the
16                   Chief Management Officer shall take appro-
17                   priate actions’’ and inserting ‘‘all appro-
18                   priate actions shall be taken’’.
19            (3) In section 924 (10 U.S.C. 191 note)—
20                   (A) in subsection (a), by striking ‘‘the Chief
21            Management Officer of the Department of De-
22            fense’’ in the matter preceding paragraph (1)
23            and inserting ‘‘such officer of the Department of
24            Defense as the Secretary or Defense or the Dep-
25            uty Secretary of Defense shall designate’’;


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1                    (B) in subsection (b)—
2                         (i) in the matter preceding paragraph
3                    (1), by striking ‘‘the Chief Management Of-
4                    ficer’’ and inserting ‘‘the officer designated
5                    pursuant to subsection (a)’’; and
6                         (ii) in subparagraph (B), by striking
7                    ‘‘the Chief Management Officer’’ and insert-
8                    ing ‘‘such officer’’; and
9                    (C) in subsection (c)—
10                        (i) by striking ‘‘the Chief Management
11                   Officer’’ the first place it appears and in-
12                   serting ‘‘the officer designated pursuant to
13                   subsection (a)’’; and
14                        (ii) by striking ‘‘the Chief Management
15                   Officer’’ the second place it appears and in-
16                   serting ‘‘such officer’’.
17            (4) In section 925(a) (132 Stat. 1932), by strik-
18      ing ‘‘the Chief Management Officer of the Department
19      of Defense’’ in the matter preceding paragraph (1)
20      and inserting ‘‘such officer of the Department of De-
21      fense as the Secretary or Defense or the Deputy Sec-
22      retary of Defense shall designate’’.
23            (5) In section 926(a) (132 Stat. 1932), by strik-
24      ing ‘‘the Chief Management Officer of the Department
25      of Defense’’ in the matter preceding paragraph (1)


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 1      and inserting ‘‘such officer of the Department of De-
 2      fense as the Secretary or Defense or the Deputy Sec-
 3      retary of Defense shall designate’’.
 4            (6) In section 927 (132 Stat. 1933)—
 5                   (A) in subsection (a), by striking ‘‘the Chief
 6            Management Officer of the Department of De-
 7            fense’’ and inserting ‘‘such officer of the Depart-
 8            ment of Defense as the Secretary or Defense or
 9            the Deputy Secretary of Defense shall designate’’;
10            and
11                   (B) in subsections (c) and (d), by striking
12            ‘‘the Chief Management Officer’’ each place it
13            appears and inserting ‘‘the officer designated
14            pursuant to subsection (a)’’.
15            (7) In section 1624(a) (10 U.S.C. 2222 note)—
16                   (A) in paragraph (1), by striking ‘‘the Chief
17            Management Officer of the Department of De-
18            fense’’ and inserting ‘‘such officer of the Depart-
19            ment of Defense as the Secretary or Defense or
20            the Deputy Secretary of Defense shall designate’’;
21                   (B) by striking ‘‘the Chief Management Of-
22            ficer’’ each place it appears in paragraphs (2),
23            (3), and (4) and inserting ‘‘the officer designated
24            pursuant to paragraph (1)’’; and




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 1                   (C) by inserting ‘‘and Security’’ after ‘‘for
 2            Intelligence’’ each place it appears.
 3      (e) PUBLIC LAW 114–92.—The National Defense Au-
 4 thorization Act for Fiscal Year 2016 (Public Law 114–92)
 5 is amended as follows:
 6            (1) In section 217—
 7                   (A) in subsection (a), by striking ‘‘the Dep-
 8            uty Chief Management Officer, and the Chief In-
 9            formation Officer’’ and inserting ‘‘the Chief In-
10            formation Officer, and any other officer of the
11            Department of Defense designated by the Sec-
12            retary of Defense or the Deputy Secretary of De-
13            fense for such purpose’’; and
14                   (B) in subsections (b), (f)(1)(A)(ii), and
15            (f)(2)(B), by striking ‘‘the Deputy Chief Manage-
16            ment Officer’’ each place it appears and insert-
17            ing ‘‘any officer designated pursuant to sub-
18            section (a)’’.
19            (2) In section 881(a) (10 U.S.C. 2302 note), by
20      striking ‘‘the Deputy Chief Management Officer,’’.
21      (f) PUBLIC LAW 110–81.—Section 904 of the National
22 Defense Authorization Act for Fiscal Year 2008 (Public
23 Law 110–81; 122 Stat. 273)) is amended—
24            (1) in subsection (b)(4), by striking ‘‘the Chief
25      Management Officer and Deputy Chief Management


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 1       Officer of the Department of Defense’’ and inserting
 2       ‘‘such officer of the Department of Defense as the Sec-
 3       retary of Defense or the Deputy Secretary of Defense
 4       shall designate’’; and
 5             (2) in subsection (d)—
 6                     (A) in paragraph (1), by striking ‘‘the Chief
 7             Management Officer of the Department of De-
 8             fense’’ and inserting ‘‘such officer of the Depart-
 9             ment of Defense as the Secretary of Defense or
10             the Deputy Secretary of Defense may designate
11             for purposes of this subsection’’; and
12                     (B) in paragraph (3), by striking ‘‘the Chief
13             Management Officer’’ and inserting ‘‘the officer
14             designated pursuant to paragraph (1)’’.
15       (g) EFFECTIVE DATE.—The amendments made by this
16 section shall take effect on the effective date specified in sec-
17 tion 911(a)(1).
18   SEC. 916. DEFINITION OF ENTERPRISE BUSINESS OPER-

19                    ATIONS FOR TITLE 10, UNITED STATES CODE.

20       Effective on the effective date specified in section
21 911(a)(1) of this Act, section 101(e) of title 10, United
22 States Code, is amended by adding at the end the following
23 new paragraph:
24             ‘‘(9) ENTERPRISE BUSINESS OPERATIONS.—The
25       term ‘enterprise business operations’—


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 1                     ‘‘(A) means activities that constitute cross-
 2             cutting business operations used by multiple
 3             components of the Department of Defense, but ex-
 4             cludes activities that are directly tied to a single
 5             military department or Department of Defense
 6             component; and
 7                     ‘‘(B) includes business-support functions
 8             designated by the Secretary of Defense or the
 9             Deputy Secretary of Defense, including aspects of
10             financial management, healthcare, acquisition
11             and procurement, supply chain and logistics,
12             certain information technology, real property,
13             and human resources operations.’’.
14   SEC. 917. ANNUAL REPORT ON ENTERPRISE BUSINESS OP-

15                    ERATIONS   OF    THE   DEPARTMENT     OF   DE-

16                    FENSE.

17       (a) ANNUAL REPORT REQUIRED.—Not later than
18 March 31 each year, the Secretary of Defense shall submit
19 to Congress a report that includes the following:
20             (1) Each proposed budget for the enterprise busi-
21       ness operations of a Defense Agency or Department of
22       Defense Field Activity for the fiscal year beginning in
23       the year in which such report is submitted.
24             (2) An identification of each proposed budget de-
25       scribed in paragraph (1) that does not achieve re-


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 1       quired levels of efficiency and effectiveness for enter-
 2       prise business operations.
 3             (3) A discussion of the actions that the Secretary
 4       proposes to take, including recommendations for legis-
 5       lative action that the Secretary considers appropriate,
 6       to address inadequate levels of efficiency and effective-
 7       ness for enterprise business operations achieved by the
 8       proposed budgets described in paragraph (1).
 9             (4) Any additional comments that the Secretary
10       considers appropriate regarding inadequate levels of
11       efficiency and effectiveness for enterprise business op-
12       erations achieved by the proposed budgets described in
13       paragraph (1).
14       (b) SUBMITTAL.—The Secretary may submit a report
15 required by subsection (a) through the Deputy Secretary of
16 Defense.
17       (c) ENTERPRISE BUSINESS OPERATIONS DEFINED.—
18 In this section, the term ‘‘enterprise business operations’’
19 has the meaning given that term in paragraph (9) of section
20 101(e) of title 10, United States Code (as added by section
21 916 of this Act).
22   SEC. 918. CONFORMING AMENDMENTS.

23       (a) TITLE 10, UNITED STATES CODE.—Title 10,
24 United States Code, is amended as follows:
25             (1) In section 131(b)—


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1                    (A) by striking paragraph (2);
2                    (B)     by   redesignating   paragraphs   (3)
3             through (9) as paragraphs (2) through (8), re-
4             spectively; and
5                    (C) in paragraph (7), as redesignated by
6             subparagraph (B)—
7                          (i) by redesignating subparagraphs (A)
8                    through (F) as subparagraphs (B) through
9                    (G), respectively; and
10                         (ii) by inserting before subparagraph
11                   (B), as redesignated by clause (i), the fol-
12                   lowing new subparagraph (A):
13            ‘‘(A) The Performance Improvement Officer of
14      the Department of Defense.’’.
15            (2) In section 133a(c)—
16                   (A) in paragraph (1), by striking ‘‘, the
17            Deputy Secretary of Defense, and the Chief Man-
18            agement Officer of the Department of Defense’’
19            and inserting ‘‘and the Deputy Secretary of De-
20            fense’’; and
21                   (B) in paragraph (2), by striking ‘‘the Chief
22            Management Officer,’’.
23            (3) In section 133b(c)—




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 1                    (A) in paragraph (1), by striking ‘‘the Chief
 2             Management Officer of the Department of De-
 3             fense,’’; and
 4                    (B) in paragraph (2), by striking ‘‘the Chief
 5             Management Officer,’’.
 6             (4) In section 137a(d), by striking ‘‘the Chief
 7       Management Officer of the Department of Defense,’’.
 8             (5) In section 138(d), by striking ‘‘the Chief
 9       Management Officer of the Department of Defense,’’.
10             (6) In section 240b(b)(1)(C)(ii), by striking ‘‘,
11       the Chief Management Officer,’’.
12       (b) EXECUTIVE SCHEDULE LEVEL II.—Section 5313
13 of title 5, United States Code, is amended by striking the
14 item relating to the Chief Management Officer of the De-
15 partment of Defense.
16       (c) EFFECTIVE DATE.—The amendments made by this
17 section shall take effect on the effective date specified in sec-
18 tion 911(a)(1).




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 1     Subtitle C—Space Force Matters
 2      PART I—AMENDMENTS TO INTEGRATE THE

 3                     SPACE FORCE INTO LAW

 4   SEC. 931. CLARIFICATION OF SPACE FORCE AND CHIEF OF

 5                    SPACE OPERATIONS AUTHORITIES.

 6       (a) COMPOSITION OF SPACE FORCE.—Section 9081 of
 7 title 10, United States Code, is amended by striking sub-
 8 section (b) and inserting the following new subsection (b):
 9       ‘‘(b) COMPOSITION.—The Space Force consists of—
10             ‘‘(1) the Regular Space Force;
11             ‘‘(2) all persons appointed or enlisted in, or con-
12       scripted into, the Space Force, including those not as-
13       signed to units, necessary to form the basis for a com-
14       plete and immediate mobilization for the national de-
15       fense in the event of a national emergency; and
16             ‘‘(3) all Space Force units and other Space Force
17       organizations, including installations and supporting
18       and auxiliary combat, training, administrative, and
19       logistic elements.’’.
20       (b) FUNCTIONS.—Section 9081 of title 10, United
21 States Code, is further amended—
22             (1) by striking subsection (c) and inserting the
23       following new subsection (c):
24       ‘‘(c) FUNCTIONS.—The Space Force shall be organized,
25 trained, and equipped to—


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 1            ‘‘(1) provide freedom of operation for the United
 2      States in, from, and to space;
 3            ‘‘(2) conduct space operations; and
 4            ‘‘(3) protect the interests of the United States in
 5      space.’’; and
 6            (2) by striking subsection (d).
 7      (c) CLARIFICATION OF CHIEF OF SPACE OPERATIONS
 8 AUTHORITIES.—Section 9082 of title 10, United States
 9 Code, is amended—
10            (1) in subsection (a)—
11                   (A) in paragraph (1), by striking ‘‘general
12            officers of the Air Force’’ and inserting ‘‘general,
13            flag, or equivalent officers of the Space Force’’;
14            and
15                   (B) by adding at the end the following new
16            paragraphs:
17      ‘‘(3) The President may appoint an officer as Chief
18 of Space Operations only if—
19            ‘‘(A) the officer has had significant experience in
20      joint duty assignments; and
21            ‘‘(B) such experience includes at least one full
22      tour of duty in a joint duty assignment (as defined
23      in section 664(d) of this title) as a general, flag, or
24      equivalent officer of the Space Force.




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 1       ‘‘(4) The President may waive paragraph (3) in the
 2 case of an officer if the President determines such action
 3 is necessary in the national interest.’’;
 4             (2) in subsection (b), by striking ‘‘grade of gen-
 5       eral’’ and inserting ‘‘grade in the Space Force equiva-
 6       lent to the grade of general in the Army, Air Force,
 7       and Marine Corps, or admiral in the Navy’’; and
 8             (3) in subsection (d)—
 9                    (A) in paragraph (4), by striking ‘‘and’’ at
10             the end;
11                    (B) by redesignating paragraph (5) as
12             paragraph (6); and
13                    (C) by inserting after paragraph (4) the fol-
14             lowing new paragraph (5):
15             ‘‘(5) perform duties prescribed for the Chief of
16       Space Operations by sections 171 and 2547 of this
17       title and other provision of law; and’’.
18       (d) REPEAL        OF   OFFICER CAREER FIELD           FOR

19 SPACE.—Section 9083 of title 10, United States Code, is
20 repealed.
21       (e) REGULAR SPACE FORCE.—Chapter 908 of title 10,
22 United States Code, as amended by subsection (d), is further
23 amended by adding at the end the following new section
24 9083:




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 1 ‘‘§ 9083. Regular Space Force: composition
 2         ‘‘(a) IN GENERAL.—The Regular Space Force is the
 3 component of the Space Force that consists of persons whose
 4 continuous service on active duty in both peace and war
 5 is contemplated by law, and of retired members of the Reg-
 6 ular Space Force.
 7         ‘‘(b) COMPOSITION.—The Regular Space Force in-
 8 cludes—
 9                ‘‘(1) the officers and enlisted members of the Reg-
10         ular Space Force; and
11                ‘‘(2) the retired officers and enlisted members of
12         the Regular Space Force.’’.
13         (f) TABLE OF SECTIONS.—The table of sections at the
14 beginning of chapter 908 of title 10, United States Code,
15 is amended by striking the item relating to section 9083
16 and inserting the following new item:
     ‘‘9083. Regular Space Force: composition.’’.

17   SEC. 931A. OFFICE OF THE CHIEF OF SPACE OPERATIONS.

18         (a) IN GENERAL.—Chapter 908 of title 10, United
19 States Code, as amended by section 931(e) of this Act, is
20 further amended—
21                (1) by redesignating section 9083 as section
22         9085; and
23                (2) by inserting after section 9082 the following
24         new sections:


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 1 ‘‘§ 9083. Office of the Chief of Space Operations: func-
 2                tion; composition

 3       ‘‘(a) FUNCTION.—There is in the executive part of the
 4 Department of the Air Force an Office of the Chief of Space
 5 Operations to assist the Secretary of the Air Force in car-
 6 rying out the responsibilities of the Secretary.
 7       ‘‘(b) COMPOSITION.—The Office of the Chief of Space
 8 Operations is composed of the following:
 9             ‘‘(1) The Chief of Space Operations.
10             ‘‘(2) Such other offices and officials as may be
11       established by law or as the Secretary of the Air Force
12       may establish or designate.
13             ‘‘(3) Other members of the Space Force and Air
14       Force assigned or detailed to the Office of the Chief
15       of Space Operations.
16             ‘‘(4) Civilian employees in the Department of the
17       Air Force assigned or detailed to the Office of the
18       Chief of Space Operations.
19       ‘‘(c) ORGANIZATION.—Except as otherwise specifically
20 prescribed by law, the Office of the Chief of Space Oper-
21 ations shall be organized in such manner, and the members
22 of the Office of the Chief of Space Operations shall perform
23 such duties and have such titles, as the Secretary of the Air
24 Force may prescribe.




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 1 ‘‘§ 9084. Office of the Chief of Space Operations: gen-
 2                eral duties

 3       ‘‘(a) PROFESSIONAL ASSISTANCE.—The Office of the
 4 Chief of Space Operations shall furnish professional assist-
 5 ance to the Secretary of the Air Force, the Chief of Space
 6 Operations, and other personnel of the Office of the Sec-
 7 retary of the Air Force or the Office of the Chief of Space
 8 Operations.
 9       ‘‘(b) AUTHORITIES.—Under the authority, direction,
10 and control of the Secretary of the Air Force, the Office
11 of the Chief of Space Operations shall—
12             ‘‘(1) subject to subsections (c) and (d) of section
13       9014 of this title, prepare for such employment of the
14       Space Force, and for such recruiting, organizing, sup-
15       plying, equipping (including research and develop-
16       ment), training, servicing, mobilizing, demobilizing,
17       administering, and maintaining of the Space Force,
18       as will assist in the execution of any power, duty, or
19       function of the Secretary of the Air Force or the Chief
20       of Space Operations;
21             ‘‘(2) investigate and report upon the efficiency of
22       the Space Force and its preparation to support mili-
23       tary operations by commanders of the combatant
24       commands;




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 1                 ‘‘(3) prepare detailed instructions for the execu-
 2          tion of approved plans and supervise the execution of
 3          those plans and instructions;
 4                 ‘‘(4) as directed by the Secretary of the Air Force
 5          or the Chief of Space Operations, coordinate the ac-
 6          tion of organizations of the Space Force; and
 7                 ‘‘(5) perform such other duties, not otherwise as-
 8          signed by law, as may be prescribed by the Secretary
 9          of the Air Force.’’.
10          (b) TABLE OF SECTIONS.—The table of sections at the
11 beginning of chapter 908 of such title, as amended by sec-
12 tion 931(f) of this Act, is further amended by striking the
13 item related to section 9083 and inserting the following the
14 following new items:
     ‘‘9083. Office of the Chief of Space Operations: function; composition.
     ‘‘9084. Office of the Chief of Space Operations: general duties.
     ‘‘9085. Regular Space Force: composition.’’.

15   SEC. 932. AMENDMENTS TO DEPARTMENT OF THE AIR

16                      FORCE PROVISIONS IN TITLE 10, UNITED

17                      STATES CODE.

18          (a) SUBTITLE.—
19                 (1) HEADING.—The heading of subtitle D of title
20          10, United States Code, is amended to read as follows:
21      ‘‘Subtitle D—Air Force and Space
22                   Force’’.
23                 (2) TABLE OF SUBTITLES.—The table of subtitles
24          at the beginning of such title is amended is amended
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1           by striking the item relating to subtitle D and insert-
2           ing the following new item:
     ‘‘D. Air Force and Space Force ........................................................ 9011’’.

3           (b) ORGANIZATION.—
 4                  (1) SECRETARY OF THE AIR FORCE.—Section
 5          9013 of title 10, United States Code, is amended—
 6                          (A) in subsection (f), by inserting ‘‘and offi-
 7                  cers of the Space Force’’ after ‘‘Officers of the Air
 8                  Force’’; and
 9                          (B) in subsection (g)(1), by inserting ‘‘,
10                  members of the Space Force,’’ after ‘‘members of
11                  the Air Force’’.
12                  (2) OFFICE OF THE SECRETARY OF THE AIR
13          FORCE.—Section 9014 of such title is amended—

14                          (A) in subsection (b), by striking paragraph
15                  (4) and inserting the following new paragraph
16                  (4)
17                  ‘‘(4) The Inspector General of the Department of
18          the Air Force.’’;
19                          (B) in subsection (c)—
20                                  (i) in paragraph (1), by striking ‘‘and
21                          the Air Staff’’ and inserting ‘‘, the Air
22                          Staff, and the Office of the Chief of Space
23                          Operations’’;




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 1                        (ii) in paragraph (2), by inserting ‘‘or
 2                   the Office of the Chief of Space Operations’’
 3                   after ‘‘the Air Staff’’;
 4                        (iii) in paragraph (3), by striking ‘‘to
 5                   the Chief of Staff and to the Air Staff’’ and
 6                   all that follows through the end and insert-
 7                   ing ‘‘to the Chief of Staff of the Air Force
 8                   and the Air Staff, and to the Chief of Space
 9                   Operations and the Office of the Chief of
10                   Space Operations, and shall ensure that
11                   each such office or entity provides the Chief
12                   of Staff and Chief of Space Operations such
13                   staff support as the Chief concerned con-
14                   siders necessary to perform the Chief’s du-
15                   ties and responsibilities.’’; and
16                        (iv) in paragraph (4)—
17                              (I) by inserting ‘‘and the Office of
18                        the Chief of Space Operations’’ after
19                        ‘‘the Air Staff’’; and
20                              (II) by inserting ‘‘and the Chief of
21                        Space Operations’’ after ‘‘Chief of
22                        Staff’’;
23                   (C) in subsection (d)—
24                        (i) in paragraph (1), by striking ‘‘and
25                   the Air Staff’’ and inserting ‘‘, the Air


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 1                   Staff, and the Office of the Chief of Space
 2                   Operations’’;
 3                        (ii) in paragraph (2), by inserting
 4                   ‘‘and the Office of the Chief of Space Oper-
 5                   ations’’ after ‘‘the Air Staff’’; and
 6                        (iii) in paragraph (4), by striking ‘‘to
 7                   the Chief of Staff of the Air Force and to
 8                   the Air Staff’’ and all that follows through
 9                   the end and inserting ‘‘to the Chief of Staff
10                   of the Air Force and the Air Staff, and to
11                   the Chief of Space Operations and the Office
12                   of the Chief of Space Operations, and shall
13                   ensure that each such office or entity pro-
14                   vides the Chief of Staff and Chief of Space
15                   Operations such staff support as the Chief
16                   concerned considers necessary to perform the
17                   Chief’s duties and responsibilities.’’; and
18                   (D) in subsection (e)—
19                        (i) by striking ‘‘and the Air Staff’’ and
20                   inserting ‘‘, the Air Staff, and the Office of
21                   the Chief of Space Operations’’; and
22                        (ii) by striking ‘‘to the other’’ and in-
23                   serting ‘‘to any of the others’’.
24            (3) SECRETARY OF THE AIR FORCE: SUCCESSORS
25      TO DUTIES.—Section 9017(4) of such title is amended



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1       by inserting before the period the following: ‘‘of the
2       Air Force and the Chief of Space Operations, in the
3       order prescribed by the Secretary of the Air Force and
4       approved by the Secretary of Defense’’.
 5            (4) INSPECTOR GENERAL.—Section 9020 of such
 6      title is amended—
 7                   (A) in subsection (a)—
 8                         (i) by inserting ‘‘Department of the’’
 9                   after ‘‘Inspector General of the’’; and
10                         (ii) by inserting ‘‘or the general, flag,
11                   or equivalent officers of the Space Force’’
12                   after ‘‘general officers of the Air Force’’;
13                   (B) in subsection (b)—
14                         (i) in the matter preceding paragraph
15                   (1), by striking ‘‘or the Chief of Staff’’ and
16                   inserting ‘‘, the Chief of Staff of the Air
17                   Force, or the Chief of Space Operations’’;
18                         (ii) in paragraph (1), by inserting
19                   ‘‘Department of the’’ before ‘‘Air Force’’;
20                   and
21                         (iii) in paragraph (2), by striking ‘‘or
22                   the Chief of Staff’’ and inserting ‘‘, the
23                   Chief of Staff, or the Chief of Space Oper-
24                   ations’’ ; and




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 1                   (C) in subsection (e), by inserting ‘‘or the
 2            Space Force’’ before ‘‘for a tour of duty’’.
 3            (5) THE AIR STAFF: FUNCTION; COMPOSITION.—
 4      Section 9031(b)(8) of such title is amended by insert-
 5      ing ‘‘or the Space Force’’ after ‘‘of the Air Force’’.
 6            (6) SURGEON        GENERAL:       APPOINTMENT;     DU-

 7      TIES.—Section 9036(b) of such title is amended—

 8                   (A) in paragraph (1), by striking ‘‘Sec-
 9            retary of the Air Force and the Chief of Staff of
10            the Air Force on all health and medical matters
11            of the Air Force’’ and inserting ‘‘Secretary of the
12            Air Force, the Chief of Staff of the Air Force,
13            and the Chief of Space Operations on all health
14            and medical matters of the Air Force and the
15            Space Force’’; and
16                   (B) in paragraph (2)—
17                       (i) by inserting ‘‘and the Space Force’’
18                   after ‘‘of the Air Force’’ the first place it
19                   appears; and
20                       (ii) by inserting ‘‘and members of the
21                   Space Force’’ after ‘‘of the Air Force’’ the
22                   second place it appears.
23            (7) JUDGE ADVOCATE GENERAL, DEPUTY JUDGE
24      ADVOCATE GENERAL: APPOINTMENT; DUTIES.—Sec-

25      tion 9037 of such title is amended—


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 1                   (A) in subsection (e)(2)(B), by inserting ‘‘or
 2            the Space Force’’ after ‘‘of the Air Force’’; and
 3                   (B) in subsection (f)(1), by striking ‘‘the
 4            Secretary of the Air Force or the Chief of Staff
 5            of the Air Force’’ and inserting ‘‘the Secretary of
 6            the Air Force, the Chief of Staff of the Air Force,
 7            or the Chief of Space Operations’’.
 8            (8) CHIEF OF CHAPLAINS: APPOINTMENT; DU-
 9      TIES.—Section 9039(a) of such title is amended by

10      striking ‘‘in the Air Force’’ and inserting ‘‘for the Air
11      Force and the Space Force’’.
12            (9) PROVISION OF CERTAIN PROFESSIONAL FUNC-
13      TIONS FOR THE SPACE FORCE.—Section 9063 of such

14      title is amended—
15                   (A) in subsections (a) through (i), by strik-
16            ing ‘‘in the Air Force’’ each place it appears and
17            inserting ‘‘in the Air Force and the Space
18            Force’’; and
19                   (B) in subsection (i), as amended by sub-
20            paragraph (A), by inserting ‘‘or the Space
21            Force’’ after ‘‘members of the Air Force’’.
22      (c) PERSONNEL.—
23            (1) GENDER-FREE BASIS FOR ACCEPTANCE OF
24      ORIGINAL ENLISTMENTS.—




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1                        (A) IN GENERAL.—Section 9132 of title 10,
2                 United States Code, is amended by inserting ‘‘or
3                 the Regular Space Force’’ after ‘‘Regular Air
4                 Force’’.
 5                       (B) HEADING.—The heading of such section
 6                9132 is amended to read as follows:
 7 ‘‘§ 9132. Regular Air Force and Regular Space Force:
 8                    gender-free basis for acceptance of origi-

 9                    nal enlistments’’.

10                       (C) TABLE OF SECTIONS.—The table of sec-
11                tions at the beginning of chapter 913 of such title
12                is amended by striking the item relating to sec-
13                tion 9132 and inserting the following new item:
     ‘‘9132. Regular Air Force and Regular Space Force: gender-free basis for accept-
                      ance of original enlistments.’’.

14                (2) REENLISTMENT AFTER SERVICE AS AN OFFI-
15         CER.—

16                       (A) IN      GENERAL.—Section            9138 of such
17                title is amended in subsection (a)—
18                             (i) by inserting ‘‘or the Regular Space
19                       Force’’ after ‘‘Regular Air Force’’ both
20                       places it appears; and
21                             (ii) by inserting ‘‘or the Space Force’’
22                       after ‘‘officer of the Air Force’’ both places
23                       it appears.



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 1                       (B) HEADING.—The heading of such section
 2                9132 is amended to read as follows:
 3 ‘‘§ 9132. Regular Air Force and Regular Space Force:
 4                    reenlistment after service as an officer’’.

 5                       (C) TABLE OF SECTIONS.—The table of sec-
 6                tions at the beginning of chapter 913 of such
 7                title, as amended by paragraph (1)(C), is further
 8                by striking the item relating to section 9138 and
 9                inserting the following new item:
     ‘‘9138. Regular Air Force and Regular Space Force: reenlistment after service as
                      an officer.’’.

10                (3) APPOINTMENTS IN THE REGULAR AIR FORCE
11         AND REGULAR SPACE FORCE.—

12                       (A) IN      GENERAL.—Section            9160 of such
13                title is amended—
14                             (i) by inserting ‘‘or the Regular Space
15                       Force’’ after ‘‘Regular Air Force’’; and
16                             (ii) by inserting ‘‘or the Space Force’’
17                       before the period.
18                       (B) CHAPTER HEADING.—The heading of
19                chapter 915 of such title is amended to read as
20                follows:




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 1 ‘‘CHAPTER 915—APPOINTMENTS IN THE
 2          REGULAR AIR FORCE AND THE REG-
 3          ULAR SPACE FORCE’’.
 4                         (C) TABLES OF CHAPTERS.—The table of
 5                 chapters at the beginning of subtitle D of such
 6                 title, and at the beginning of part II of subtitle
 7                 D of such title, are each amended by striking the
 8                 item relating to chapter 915 and inserting the
 9                 following new item:
     ‘‘915. Appointments in the Regular Air Force and the
                   Regular Space Force ................................................ 9151’’.

10                 (4) RETIRED              COMMISSIONED             OFFICERS:          STA-

11          TUS.—Section 9203 of such title is amended by in-

12          serting ‘‘or the Space Force’’ after ‘‘the Air Force’’.
13                 (5) DUTIES: CHAPLAINS; ASSISTANCE REQUIRED
14          OF COMMANDING OFFICERS.—Section 9217(a) of such

15          title is amended by inserting ‘‘or the Space Force’’
16          after ‘‘the Air Force’’.
17                 (6) RANK:           COMMISSIONED OFFICERS SERVING

18          UNDER TEMPORARY APPOINTMENTS.—Section 9222 of

19          such title is amended by inserting ‘‘or the Space
20          Force’’ after ‘‘the Air Force’’ both places it appears.
21                 (7) REQUIREMENT OF EXEMPLARY CONDUCT.—
22          Section 9233 of such title is amended—




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 1                   (A) in the matter preceding paragraph (1),
 2            by inserting ‘‘and in the Space Force’’ after ‘‘the
 3            Air Force’’; and
 4                   (B) in paragraphs (3) and (4), by inserting
 5            ‘‘or the Space Force, respectively’’ after ‘‘the Air
 6            Force’’.
 7            (8) ENLISTED MEMBERS: OFFICERS NOT TO USE
 8      AS SERVANTS.—Section 9239 of such title is amended

 9      by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’
10      both places it appears.
11            (9) PRESENTATION         OF UNITED STATES FLAG

12      UPON RETIREMENT.—Section 9251(a) of such title is

13      amended by inserting ‘‘or the Space Force’’ after
14      ‘‘member of the Air Force’’.
15            (10) SERVICE CREDIT: REGULAR ENLISTED MEM-
16      BERS; SERVICE AS AN OFFICER TO BE COUNTED AS

17      ENLISTED SERVICE.—Section          9252 of such title is
18      amended—
19                   (A) by inserting ‘‘or the Regular Space
20            Force’’ after ‘‘Regular Air Force’’; and
21                   (B) by inserting ‘‘in the Space Force,’’ after
22            ‘‘in the Air Force,’’.
23            (11) WHEN       SECRETARY     MAY   REQUIRE    HOS-

24      PITALIZATION.—Section 9263 of such title is amended




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 1      by inserting ‘‘or the Space Force’’ after ‘‘member of
 2      the Air Force’’.
 3            (12) DECORATIONS AND AWARDS.—
 4                   (A) IN GENERAL.—Chapter 937 of such title
 5            is amended by inserting ‘‘or the Space Force’’
 6            after ‘‘the Air Force’’ each place it appears in
 7            the following provisions:
 8                        (i) Section 9271.
 9                        (ii) Section 9272.
10                        (iii) Section 9273.
11                        (iv) Section 9276.
12                        (v) Section 9281 other than the first
13                   place it appears in subsection (a).
14                        (vi) Section 9286(a) other than the
15                   first place it appears.
16                   (B) MEDAL OF HONOR; AIR FORCE CROSS;
17            DISTINGUISHED-SERVICE            MEDAL:    DELEGATION

18            OF POWER TO AWARD.—Section                9275 of such
19            title is amended by inserting before the period at
20            the end the following: ‘‘, or to an equivalent com-
21            mander of a separate space force or higher unit
22            in the field’’.
23            (13) TWENTY YEARS OR MORE: REGULAR OR RE-
24      SERVE COMMISSIONED OFFICERS.—Section 9311(a) of




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 1      such title is amended by inserting ‘‘or the Space
 2      Force’’ after ‘‘officer of the Air Force’’.
 3            (14) TWENTY TO THIRTY YEARS: ENLISTED MEM-
 4      BERS.—Section 9314 of such title is amended by in-

 5      serting ‘‘or the Space Force’’ after ‘‘member of the Air
 6      Force’’.
 7            (15) THIRTY YEARS OR MORE: REGULAR EN-
 8      LISTED MEMBERS.—Section           9317 of such title is
 9      amended by inserting ‘‘or the Space Force’’ after ‘‘Air
10      Force’’.
11            (16) THIRTY YEARS OR MORE: REGULAR COMMIS-
12      SIONED OFFICERS.—Section          9318 of such title is
13      amended by inserting ‘‘or the Space Force’’ after ‘‘Air
14      Force’’.
15            (17) FORTY YEARS OR MORE: AIR FORCE OFFI-
16      CERS.—

17                   (A) IN   GENERAL.—Section        9324 of such
18            title is amended in subsections (a) and (b) by in-
19            serting ‘‘or the Space Force’’ after ‘‘Air Force’’.
20                   (B) HEADING.—The heading of such section
21            9324 is amended to read as follows:
22 ‘‘§ 9324. Forty years or more: Air Force officers and
23                 Space Force officers’’.

24                   (C) TABLE OF SECTIONS AMENDMENT.—The
25            table of sections at the beginning of chapter 941


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 1                 of such title is amended by striking the item re-
 2                 lating to section 9324 and inserting the following
 3                 new item:
     ‘‘9324. Forty years or more: Air Force officers and Space Force officers.’’.

 4                 (18) COMPUTATION OF YEARS OF SERVICE: VOL-
 5          UNTARY RETIREMENT; ENLISTED MEMBERS.—Section

 6          9325(a) of such title is amended by inserting ‘‘or the
 7          Space Force’’ after ‘‘Air Force’’.
 8                 (19) COMPUTATION OF YEARS OF SERVICE: VOL-
 9          UNTARY RETIREMENT; REGULAR AND RESERVE COM-

10          MISSIONED OFFICERS.—

11                        (A) IN GENERAL.—Section 9326(a) of such
12                 title is amended—
13                                (i) in the matter preceding paragraph
14                        (1), by inserting ‘‘or the Space Force’’ after
15                        ‘‘of the Air Force’’; and
16                                (ii) in paragraph (1), by striking ‘‘or
17                        the Air Force’’ and inserting ‘‘, the Air
18                        Force, or the Space Force’’.
19                        (B) TECHNICAL AMENDMENTS.—Such sec-
20                 tion 9326(a) is further amended by striking
21                 ‘‘his’’ each place it appears and inserting ‘‘the
22                 officer’s’’.
23                 (20) COMPUTATION OF RETIRED PAY: LAW APPLI-
24          CABLE.—Section 9329 of such title is amended by in-

25          serting ‘‘or the Space Force’’ after ‘‘Air Force’’.
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 1            (21) RETIRED GRADE.—
 2                   (A) HIGHER GRADE AFTER 30 YEARS OF
 3            SERVICE:     WARRANT     OFFICERS     AND   ENLISTED

 4            MEMBERS.—Section 9344 of such title is amend-

 5            ed—
 6                        (i) in subsection (a), by inserting ‘‘or
 7                   the Space Force’’ after ‘‘member of the Air
 8                   Force’’; and
 9                        (ii) in subsection (b)—
10                             (I) in paragraphs (1) and (3), by
11                        inserting ‘‘or the Space Force’’ after
12                        ‘‘Air Force’’ each place it appears; and
13                             (II) in paragraph (2), by insert-
14                        ing ‘‘or the Regular Space Force’’ after
15                        ‘‘Regular Air Force’’.
16                   (B) RESTORATION TO FORMER GRADE: RE-
17            TIRED WARRANT OFFICERS AND ENLISTED MEM-

18            BERS.—Section 9345 of such title is amended by

19            inserting ‘‘or the Space Force’’ after ‘‘member of
20            the Air Force’’.
21                   (C) RETIRED LISTS.—Section 9346 of such
22            title is amended—
23                        (i) in subsections (a) and (d), by in-
24                   serting ‘‘or the Regular Space Force’’ after
25                   ‘‘Regular Air Force’’;


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 1                        (ii) in subsection (b)(1), by inserting
 2                   before the semicolon the following: ‘‘, or for
 3                   commissioned officers of the Space Force
 4                   other than of the Regular Space Force’’; and
 5                        (iii) in subsections (b)(2) and (c), by
 6                   inserting ‘‘or the Space Force’’ after ‘‘Air
 7                   Force’’.
8             (22) RECOMPUTATION OF RETIRED PAY TO RE-
 9      FLECT ADVANCEMENT ON RETIRED LIST.—Section

10      9362(a) of such title is amended by inserting ‘‘or the
11      Space Force’’ after ‘‘Air Force’’.
12            (23) FATALITY       REVIEWS.—Section     9381(a) of
13      such title is amended in paragraphs (1), (2), and (3)
14      by inserting ‘‘or the Space Force’’ after ‘‘Air Force’’.
15      (d) TRAINING.—
16            (1) MEMBERS OF AIR FORCE: DETAIL AS STU-
17      DENTS, OBSERVERS, AND INVESTIGATORS AT EDU-

18      CATIONAL INSTITUTIONS, INDUSTRIAL PLANTS, AND

19      HOSPITALS.—

20                   (A) IN GENERAL.—Section 9401 of title 10,
21            United States Code, is amended—
22                        (i) in subsection (a), by inserting ‘‘and
23                   members of the Space Force’’ after ‘‘mem-
24                   bers of the Air Force’’;




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 1                        (ii) in subsection (b), by inserting ‘‘or
 2                   the Regular Space Force’’ after ‘‘Regular
 3                   Air Force’’;
 4                        (iii) in subsection (c),by inserting ‘‘or
 5                   Reserve of the Space Force’’ after ‘‘Reserve
 6                   of the Air Force’’;
 7                        (iv) in subsection (e), by inserting ‘‘or
 8                   the Space Force’’ after ‘‘Air Force’’; and
 9                        (v) in subsection (f)—
10                                (I) by inserting ‘‘or the Regular
11                        Space      Force’’   after   ‘‘Regular   Air
12                        Force’’; and
13                                (II) by inserting ‘‘or the Space
14                        Force Reserve’’ after ‘‘the reserve com-
15                        ponents of the Air Force’’.
16                   (B) TECHNICAL AMENDMENTS.—Subsection
17            (c) of such section 9401 is further amended—
18                        (i) by striking ‘‘his’’ and inserting ‘‘the
19                   Reserve’s’’; and
20                        (ii) by striking ‘‘he’’ and inserting ‘‘the
21                   Reserve’’,
22                   (C) HEADING.—The heading of such section
23            9401 is amended to read as follows:




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 1 ‘‘§ 9401. Members of Air Force and Space Force: detail
 2                    as students, observers and investigators at

 3                    educational             institutions,            industrial

 4                    plants, and hospitals’’.

 5                       (D) TABLE OF SECTIONS.—The table of sec-
 6                tions at the beginning of chapter 951 of such title
 7                is amended by striking the item relating to sec-
 8                tion 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.’’.

 9                (2)     ENLISTED          MEMBERS          OF     AIR      FORCE:

10         SCHOOLS.—

11                       (A) IN      GENERAL.—Section              9402 of such
12                title is amended—
13                              (i) in subsection (a)—
14                                     (I) in the first sentence, by insert-
15                              ing ‘‘and enlisted members of the
16                              Space Force’’ after ‘‘members of the
17                              Air Force’’; and
18                                     (II) in the third sentence, by in-
19                              serting ‘‘and Space Force officers’’
20                              after ‘‘Air Force officers’’; and
21                              (ii) in subsection (b), by inserting ‘‘or
22                       the Space Force’’ after ‘‘Air Force’’ each
23                       place it appears.


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 1                        (B) HEADING.—The heading of such section
 2                 9402 is amended to read as follows:
 3 ‘‘§ 9402. Enlisted members Air Force or Space Force:
 4                     schools’’.

 5                        (C) TABLE OF SECTIONS.—The table of sec-
 6                 tions at the beginning of chapter 951 of such title
 7                 is amended by striking the item relating to sec-
 8                 tion 9402 and inserting the following new item:
     ‘‘9402. Enlisted members of Air Force or Space Force: schools.’’.

 9                 (3) SERVICE SCHOOLS: LEAVES OF ABSENCE FOR
10          INSTRUCTORS.—Section 9406 of such title is amended

11          by inserting ‘‘or Space Force’’ after ‘‘Air Force’’.
12                 (4) DEGREE GRANTING AUTHORITY FOR UNITED
13          STATES AIR FORCE INSTITUTE OF TECHNOLOGY.—

14          Section 9414(d)(1) of such title is amended by insert-
15          ing ‘‘or the Space Force’’ after ‘‘needs of the Air
16          Force’’.
17                 (5) UNITED STATES AIR FORCE INSTITUTE OF
18          TECHNOLOGY: ADMINISTRATION.—Section 9414b(a)(2)

19          is amended—
20                        (A) by inserting ‘‘or the Space Force’’ after
21                 ‘‘the Air Force’’ each place it appears; and
22                        (B) in subparagraph (B), by inserting ‘‘or
23                 the equivalent grade in the Space Force’’ after
24                 ‘‘brigadier general’’.


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1             (6) COMMUNITY COLLEGE OF THE AIR FORCE:
 2      ASSOCIATE DEGREES.—Section 9415 of such title is

 3      amended—
 4                   (A) in subsection (a) in the matter pre-
 5            ceding paragraph (1), by striking ‘‘in the Air
 6            Force’’ and inserting ‘‘in the Department of the
 7            Air Force’’; and
 8                   (B) in subsection (b)—
 9                        (i) in paragraph (1), by inserting ‘‘or
10                   the Space Force’’ after ‘‘Air Force’’;
11                        (ii) in paragraph (2), by striking
12                   ‘‘other than’’ and all that follows through
13                   the end and inserting ‘‘other than the Air
14                   Force or the Space Force who are serving as
15                   instructors at Department of the Air Force
16                   training schools.’’; and
17                        (iii) in paragraph (3), by inserting
18                   ‘‘or the Space Force’’ after ‘‘Air Force’’.
19            (7) AIR FORCE ACADEMY ESTABLISHMENT; SU-
20      PERINTENDENT; FACULTY.—Section             9431(a) of such
21      title is amended by striking ‘‘Air Force cadets’’ and
22      inserting ‘‘cadets’’.
23            (8) AIR FORCE ACADEMY SUPERINTENDENT; FAC-
24      ULTY: APPOINTMENT AND DETAIL.—Section                 9433(a)




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1       of such title is amended by inserting ‘‘or the Space
2       Force’’ after ‘‘Air Force’’.
3             (9) AIR FORCE ACADEMY PERMANENT PROFES-
4       SORS; DIRECTOR OF ADMISSIONS.—

 5                   (A) IN   GENERAL.—Section         9436 of such
 6            title is amended—
 7                       (i) in subsection (a)—
 8                                (I) in the first sentence, by insert-
 9                       ing ‘‘in the Air Force or the equivalent
10                       grade in the Space Force’’ after ‘‘colo-
11                       nel’’;
12                                (II) in the second sentence, by in-
13                       serting ‘‘and a permanent professor
14                       appointed from the Regular Space
15                       Force has the grade equivalent to the
16                       grade of colonel in the Regular Air
17                       Force’’ after ‘‘grade of colonel’’; and
18                                (III) in the third sentence, by in-
19                       serting ‘‘in the Air Force or the equiva-
20                       lent grade in the Space Force’’ after
21                       ‘‘lieutenant colonel’’; and
22                       (ii) in subsection (b)—
23                                (I) in the first sentence, ‘‘in the
24                       Air Force or the equivalent grade in




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1                          the Space Force’’ after ‘‘colonel’’ each
2                          place it appears; and
3                               (II) in the second sentence, by in-
4                          serting ‘‘and a person appointed from
5                          the Regular Space Force has the grade
6                          equivalent to the grade of colonel in the
7                          Regular Air Force’’ after ‘‘grade of
8                          colonel’’.
 9                   (B) TECHNICAL AMENDMENTS.—Subsections
10            (a) and (b) of such section 9436 are further
11            amended by striking ‘‘he’’ each place it appears
12            and inserting ‘‘such person’’.
13            (10) CADETS: APPOINTMENT; NUMBERS, TERRI-
14      TORIAL DISTRIBUTION.—

15                   (A) IN    GENERAL.—Section      9442 of such
16            title is amended—
17                         (i) by striking ‘‘Air Force Cadets’’ each
18                   place it appears and inserting ‘‘cadets’’;
19                   and
20                         (ii) in subsection (b)(2), by inserting
21                   ‘‘or the Regular Space Force’’ after ‘‘Reg-
22                   ular Air Force’’.
23                   (B) TECHNICAL       AMENDMENT.—Subsection

24            (b)(4) of such section 9442 is amended by strik-
25            ing ‘‘him’’ and inserting ‘‘the Secretary’’.


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 1            (11) CADETS: AGREEMENT TO SERVE AS OFFI-
 2      CER.—Section 9448(a) of such title is amended—

 3                   (A) in paragraph (2)(A), by inserting ‘‘or
 4            the Regular Space Force’’ after ‘‘Regular Air
 5            Force’’; and
 6                   (B) in paragraph (3)(A), by inserting before
 7            the semicolon the following: ‘‘or as a Reserve in
 8            the Space Force for service in the Space Force
 9            Reserve’’.
10            (12) CADETS: ORGANIZATION; SERVICE; INSTRUC-
11      TION.—Section 9449 of such title is amended by strik-

12      ing subsection (d).
13            (13) CADETS: HAZING.—Section 9452(c) of such
14      title is amended—
15                   (A) by striking ‘‘an Air Force cadet’’ and
16            inserting ‘‘a cadet’’; and
17                   (B) by striking ‘‘or Marine Corps’’ and in-
18            serting ‘‘Marine Corps, or Space Force’’.
19            (14) CADETS:      DEGREE     AND   COMMISSION   ON

20      GRADUATION.—Section          9453(b) of such title is
21      amended by inserting ‘‘or in the equivalent grade in
22      the Regular Space Force’’ after ‘‘Regular Air Force’’.
23            (15) SUPPORT OF ATHLETIC PROGRAMS.—Sec-
24      tion 9462(c)(2) of such title is amended by striking




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 1      ‘‘personnel of the Air Force’’ and inserting ‘‘personnel
 2      of the Department of the Air Force’’.
 3            (16) SCHOOLS       AND   CAMPS:    ESTABLISHMENT:

 4      PURPOSE.—Section 9481 of such title is amended—

 5                   (A) by inserting ‘‘, the Space Force,’’ after
 6            ‘‘members of the Air Force,’’; and
 7                   (B) by inserting ‘‘or the Space Force Re-
 8            serve’’ after ‘‘the Air Force Reserve’’.
 9            (17) SCHOOLS AND CAMPS: OPERATION.—Section
10      9482 of such title is amended—
11                   (A) in paragraph (4), by inserting ‘‘or the
12            Regular Space Force’’ after ‘‘Regular Air Force’’;
13            and
14                   (B) in paragraph (7), in the matter pre-
15            ceding subparagraph (A), by inserting ‘‘or Space
16            Force’’ after ‘‘Air Force’’.
17      (e) SERVICE, SUPPLY, AND PROCUREMENT.—
18            (1) EQUIPMENT: BAKERIES, SCHOOLS, KITCHENS,
19      AND MESS HALLS.—Section 9536 of title 10, United

20      States Code, is amended in the matter preceding
21      paragraph (1) by inserting ‘‘or the Space Force’’ after
22      ‘‘the Air Force’’.
23            (2) RATIONS.—Section 9561 of such title is
24      amended—
25                   (A) in subsection (a)—


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 1                         (i) in the first sentence, by inserting
 2                   ‘‘and the Space Force ration’’ after ‘‘the Air
 3                   Force ration’’; and
 4                         (ii) in the second sentence, by inserting
 5                   ‘‘or the Space Force’’ after ‘‘the Air Force’’;
 6                   and
 7                   (B) in subsection (b), by inserting ‘‘or the
 8            Space Force’’ after ‘‘the Air Force’’.
 9            (3) CLOTHING.—Section 9562 of such title is
10      amended by inserting ‘‘and members of the Space
11      Force’’ after ‘‘the Air Force’’.
12            (4) CLOTHING: REPLACEMENT WHEN DESTROYED
13      TO PREVENT CONTAGION.—Section 9563 of such title

14      is amended by inserting ‘‘or the Space Force’’ after
15      ‘‘member of the Air Force’’.
16            (5) COLORS, STANDARDS, AND GUIDONS OF DE-
17      MOBILIZED       ORGANIZATIONS:      DISPOSITION.—Section

18      9565 of such title is amended—
19                   (A) in subsection (a), in the matter pre-
20            ceding paragraph (1), by inserting ‘‘or the Space
21            Force’’ after ‘‘organizations of the Air Force’’;
22            and
23                   (B) in subsection (b), by inserting ‘‘or the
24            Space Force’’ after ‘‘the Air Force’’.




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1             (6) UTILITIES: PROCEEDS FROM OVERSEAS OP-
 2      ERATIONS.—Section 9591 of such title is amended by

 3      inserting ‘‘or the Space Force’’ after ‘‘the Air Force’’.
 4            (7) QUARTERS: HEAT AND LIGHT.—Section 9593
 5      of such title is amended by inserting ‘‘and members
 6      of the Space Force’’ after ‘‘the Air Force’’.
7             (8) AIR FORCE MILITARY HISTORY INSTITUTE:
8       FEE FOR PROVIDING HISTORICAL INFORMATION TO

 9      THE PUBLIC.—

10                   (A) IN   GENERAL.—Section     9594 of such
11            title is amended—
12                       (i) in subsections (a) and (d), by in-
13                   serting ‘‘Department of the’’ before ‘‘Air
14                   Force Military History’’ each place it ap-
15                   pears; and
16                       (ii) in subsection (e)(1)—
17                            (I) by inserting ‘‘Department of
18                       the’’ before ‘‘Air Force Military His-
19                       tory’’; and
20                            (II) by inserting ‘‘and the Space
21                       Force’’ after ‘‘materials of the Air
22                       Force’’.
23                   (B) HEADING.—The heading of such section
24            9594 is amended to read as follows:




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                                       623
 1 ‘‘§ 9594. Department of the Air Force Military History
 2                    Institute: fee for providing historical in-

 3                    formation to the public’’.

4                        (C) TABLE OF SECTIONS.—The table of sec-
5                 tions at the beginning of chapter 967 of such title
6                 is amended by striking the item relating to sec-
7                 tion 9594 and inserting the following new item:
     ‘‘9594. Department of the Air Force Military History Institute: fee for providing
                     historical information to the public.’’.

8                 (9) SUBSISTENCE AND OTHER SUPPLIES: MEM-
9          BERS OF ARMED FORCES; VETERANS; EXECUTIVE OR

10         MILITARY DEPARTMENTS AND EMPLOYEES; PRICES.—

11         Section 9621 of such title is amended—
12                       (A) in subsection (a)—
13                              (i) in paragraph (1), by inserting
14                       ‘‘and members of the Space Force’’ after
15                       ‘‘the Air Force’’; and
16                              (ii) in paragraph (2), by inserting
17                       ‘‘and officers of the Space Force’’ after ‘‘the
18                       Air Force’’;
19                       (B) in subsection (b), by inserting ‘‘or the
20                Space Force’’ after ‘‘the Air Force’’;
21                       (C) in subsection (c), by inserting ‘‘or the
22                Space Force’’ after ‘‘the Air Force’’;




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 1                   (D) in subsection (d), by striking ‘‘or Ma-
 2            rine Corps’’ and inserting ‘‘Marine Corps, or
 3            Space Force’’;
 4                   (E) in subsection (e)—
 5                        (i) by inserting ‘‘or the Space Force’’
 6                   after ‘‘the Air Force’’ the first place it ap-
 7                   pears; and
 8                        (ii) by inserting ‘‘or the Space Force,
 9                   respectively’’ after ‘‘the Air Force’’ the sec-
10                   ond place it appears;
11                   (F) in subsection (f), by inserting ‘‘or the
12            Space Force’’ after ‘‘the Air Force’’; and
13                   (G) in subsection (h)—
14                        (i) by inserting ‘‘or the Space Force’’
15                   after ‘‘the Air Force’’ the first place it ap-
16                   pears; and
17                        (ii) by inserting ‘‘or members of the
18                   Space Force’’ after ‘‘members of the Air
19                   Force’’.
20            (10) RATIONS:        COMMISSIONED        OFFICERS   IN

21      FIELD.—Section 9622 of such title is amended by in-

22      serting ‘‘and commissioned officers of the Space
23      Force’’ after ‘‘officers of the Air Force’’.




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1             (11) MEDICAL SUPPLIES: CIVILIAN EMPLOYEES
 2      OF THE AIR FORCE.—Section 9624(a) of such title is

 3      amended—
 4                   (A) by striking ‘‘air base’’ and inserting
 5            ‘‘Air Force or Space Force military installa-
 6            tion’’; and
 7                   (B) by striking ‘‘Air Force when’’ and in-
 8            serting ‘‘Department of the Air Force when’’.
9             (12) ORDNANCE PROPERTY: OFFICERS OF ARMED
10      FORCES; CIVILIAN EMPLOYEES OF AIR FORCE.—

11                   (A) IN   GENERAL.—Section      9625 of such
12            title is amended—
13                        (i) in subsection (a), by inserting ‘‘or
14                   the Space Force’’ after ‘‘officers of the Air
15                   Force’’; and
16                        (ii) in subsection (b), by striking ‘‘the
17                   Air Force’’ and inserting ‘‘the Department
18                   of the Air Force’’.
19                   (B) HEADING.—The heading of such section
20            is amended to read as follows:




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 1 ‘‘§ 9625. Ordnance property: officers of the armed
 2                    forces; civilian employees of the Depart-

 3                    ment of the Air Force; American National

 4                    Red       Cross;        educational           institutions;

 5                    homes for veterans’ orphans’’.

6                        (C) TABLE OF SECTIONS.—The table of sec-
7                 tions at the beginning of chapter 969 of such title
8                 is amended by striking the item relating to sec-
9                 tion 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.’’.

10                (13) SUPPLIES: EDUCATIONAL INSTITUTIONS.—
11         Section 9627 of such title is amended—
12                       (A) by inserting ‘‘or the Space Force’’ after
13                ‘‘for the Air Force’’;
14                       (B) by inserting ‘‘or the Space Force’’ after
15                ‘‘officer of the Air Force’’; and
16                       (C) by striking ‘‘air science and tactics’’
17                and inserting ‘‘science and tactics’’.
18                (14)        SUPPLIES:           MILITARY          INSTRUCTION

19         CAMPS.—Section 9654 of such title is amended—

20                       (A) by inserting ‘‘or Space Force’’ after ‘‘an
21                Air Force’’; and
22                       (B) by striking ‘‘air science and tactics’’
23                and inserting ‘‘science and tactics’’.


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 1               (15) DISPOSITION OF EFFECTS OF DECEASED
 2         PERSONS        BY     SUMMARY        COURT-MARTIAL.—Section

 3         9712(a)(1) of such title is amended by inserting ‘‘or
 4         the Space Force’’ after ‘‘the Air Force’’.
 5               (16) ACCEPTANCE OF DONATIONS: LAND FOR MO-
 6         BILIZATION, TRAINING, SUPPLY BASE, OR AVIATION

 7         FIELD.—

 8                      (A) IN      GENERAL.—Section            9771 of such
 9               title is amended in paragraph (2) by inserting
10               ‘‘or space mission-related facility’’ after ‘‘avia-
11               tion field’’.
12                      (B) HEADING.—The heading of such section
13               9771 is amended to read as follows:
14 ‘‘§ 9771. Acceptance of donations: land for mobiliza-
15                   tion, training, supply base, aviation field,

16                   or space mission-related facility’’.

17                      (C) TABLE OF SECTIONS.—The table of sec-
18               tions at the beginning of chapter 979 of such title
19               is amended by striking the item relating to sec-
20               tion 9771 and inserting the following new item:
     ‘‘9771. Acceptance of donations: land for mobilization, training, supply base,
                      aviation field, or space mission-related facility.’’.

21               (17) ACQUISITION             AND      CONSTRUCTION:          AIR

22         BASES AND DEPOTS.—

23                      (A) IN      GENERAL.—Section            9773 of such
24               title is amended—

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 1                        (i) in subsection (a)—
 2                              (I) by striking ‘‘permanent air
 3                        bases’’ and inserting ‘‘permanent Air
 4                        Force and Space Force military instal-
 5                        lations’’;
 6                              (II) by striking ‘‘existing air
 7                        bases’’ and inserting ‘‘existing installa-
 8                        tions’’; and
 9                              (III) by inserting ‘‘or the Space
10                        Force’’ after ‘‘training of the Air
11                        Force’’;
12                        (ii) in subsections (b) and (c), by strik-
13                   ing ‘‘air bases’’ each place it appears and
14                   inserting ‘‘installations’’;
15                        (iii) in subsection (b)(7), by inserting
16                   ‘‘or Space Force’’ after ‘‘Air Force’’;
17                        (iv) in subsection (c)—
18                              (I) in paragraph (1), by inserting
19                        ‘‘or Space Force’’ after ‘‘Air Force’’;
20                        and
21                              (II) in paragraphs (3) and (4), by
22                        inserting ‘‘or the Space Force’’ after
23                        ‘‘the Air Force’’ both places it appears;
24                        and




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 1                               (v) in subsection (f), by striking ‘‘air
 2                        base’’ and inserting ‘‘installation’’.
 3                        (B) HEADING.—The heading of such section
 4                 9773 is amended to read as follows:
 5 ‘‘§ 9773. Acquisition and construction: installations
 6                     and depots’’.

 7                        (C) TABLE OF SECTIONS.—The table of sec-
 8                 tions at the beginning of chapter 979 of such title
 9                 is amended by striking the item relating to sec-
10                 tion 9773 and inserting the following new item:
     ‘‘9773. Acquisition and construction: installations and depots.’’.

11                 (18) EMERGENCY                CONSTRUCTION:            FORTIFICA-

12          TIONS.—Section           9776 of such title is amended by
13          striking ‘‘air base’’ and inserting ‘‘installation’’.
14                 (19) USE OF PUBLIC PROPERTY.—Section 9779
15          of such title is amended—
16                        (A) in subsection (a), by inserting ‘‘or the
17                 Space Force’’ after ‘‘economy of the Air Force’’;
18                 and
19                        (B) in subsection (b), by inserting ‘‘or the
20                 Space Force’’ after ‘‘support of the Air Force’’.
21                 (20) DISPOSITION OF REAL PROPERTY AT MIS-
22          SILE     SITES.—Section            9781(a)(2) of such title is
23          amended—




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 1                   (A) in the matter preceding subparagraph
 2            (A), by striking ‘‘Air Force’’ and inserting ‘‘De-
 3            partment of the Air Force’’;
 4                   (B) in subparagraph (A), by striking ‘‘Air
 5            Force’’ the first two places it appears and insert-
 6            ing ‘‘Department of the Air Force’’; and
 7                   (C) in subparagraph (C), by striking ‘‘Air
 8            Force’’ and inserting ‘‘Department of the Air
 9            Force’’.
10            (21) MAINTENANCE AND REPAIR OF REAL PROP-
11      ERTY.—Section 9782 of such title is amended in sub-

12      sections (c) and (d) by inserting ‘‘or the Space Force’’
13      after ‘‘the Air Force’’ both places it appears.
14            (22) SETTLEMENT OF ACCOUNTS: REMISSION OR
15      CANCELLATION OF INDEBTEDNESS OF MEMBERS.—

16      Section 9837(a) of such title is amended by inserting
17      ‘‘or the Space Force’’ after ‘‘member of the Air
18      Force’’.
19            (23) FINAL      SETTLEMENT     OF   OFFICER’S   AC-

20      COUNTS.—

21                   (A) IN   GENERAL.—Section     9840 of such
22            title is amended by inserting ‘‘or the Space
23            Force’’ after ‘‘Air Force’’.
24                   (B) TECHNICAL AMENDMENTS.—Such sec-
25            tion 9840 is further amended—


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 1                        (i) by striking ‘‘he’’ each place it ap-
 2                   pears and inserting ‘‘the officer’’; and
 3                        (ii) by striking ‘‘his’’ each place it ap-
 4                   pears and inserting ‘‘the officer’s’’.
 5            (24) PAYMENT OF SMALL AMOUNTS TO PUBLIC
 6      CREDITORS.—Section 9841 of such title is amended

 7      by inserting ‘‘or Space Force’’ after ‘‘official of Air
 8      Force’’.
 9            (25) SETTLEMENT OF ACCOUNTS OF LINE OFFI-
10      CERS.—Section 9842 of such title is amended by in-

11      serting ‘‘or the Space Force’’ after ‘‘Air Force’’.
12      (f) SERVICE OF INCUMBENTS IN CERTAIN POSITIONS
13 WITHOUT REAPPOINTMENT.—
14            (1) IN GENERAL.—The individual serving in a
15      position under a provision of law specified in para-
16      graph (2) as of the date of the enactment of this Act
17      may continue to serve in such position after that date
18      without further appointment as otherwise provided by
19      such provision of law, notwithstanding the amend-
20      ment of such provision of law by subsection (b).
21            (2) PROVISIONS OF LAW.—The provisions of law
22      specified in this paragraph are the provisions of title
23      10, United States Code, as follows:
24                   (A) Section 9020, relating to the Inspector
25            General of the Department of the Air Force.


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 1                     (B) Section 9036. relating to the Surgeon
 2             General of the Air Force.
 3                     (C) Section 9037(a), relating to the Judge
 4             Advocate General of the Air Force.
 5                     (D) Section 9037(d), relating to the Deputy
 6             Judge Advocate General of the Air Force.
 7                     (E) Section 9039, relating to the Chief of
 8             Chaplains for the Air Force and the Space
 9             Force.
10   SEC. 933. AMENDMENTS TO OTHER PROVISIONS OF TITLE

11                    10, UNITED STATES CODE.

12       (a) DEFINITIONS.—Section 101(b)(13) of title 10,
13 United States Code, is amended in paragraph (13), by
14 striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps,
15 or Space Force’’.
16       (b) OTHER PROVISIONS OF SUBTITLE A.—
17             (1) SPACE FORCE I.—Subtitle A of title 10,
18       United States Code, as amended by subsection (a), is
19       further amended by striking ‘‘and Marine Corps’’
20       each place it appears and inserting ‘‘Marine Corps,
21       and Space Force’’ in the following provisions:
22                     (A) Section 116(a)(1) in the matter pre-
23             ceding subparagraph (A).
24                     (B) Section 533(a)(2).
25                     (C) Section 646.


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 1                   (D) Section 661(a).
 2                   (E) Section 712(a).
 3                   (F) Section 717(c)(1).
 4                   (G) Subsections (c) and (d) of section 741.
 5                   (H) Section 743.
 6                   (I) Section 1111(b)(4).
 7                   (J) Subsections (a)(2)(A) and (c)(2)(A)(ii)
 8            of section 1143.
 9                   (K) Section 1174(j).
10                   (L) Section 1463(a)(1).
11                   (M) Section 1566.
12                   (N) Section 2217(c)(2).
13                   (O) Section 2259(a).
14                   (P) Section 2640(j).
15            (2) SPACE FORCE II.—
16                   (A) IN GENERAL.—Such subtitle is further
17            amended by striking ‘‘Marine Corps,’’ each place
18            it appears and inserting ‘‘Marine Corps, Space
19            Force,’’ in the following provisions:
20                        (i) Section 123(a).
21                        (ii) Section 172(a).
22                        (iii) Section 518.
23                        (iv) Section 747.
24                        (v) Section 749.
25                        (vi) Section 1552(c)(1).


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 1                           (vii) Section 2632(c)(2)(A).
 2                           (viii) Section 2686(a).
 3                           (ix) Section 2733(a).
4                      (B) HEADING.—The heading of section 747
5                of such title is amended to read as follows:
 6 ‘‘§ 747. Command: when different commands of Army,
 7                  Navy, Air Force, Marine Corps, Space

 8                  Force, and Coast Guard join’’.

 9                     (C) TABLE OF SECTIONS.—The table of sec-
10               tions at the beginning of chapter 43 of such title
11               is amended by striking the item relating to sec-
12               tion 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.’’.

13               (3) SPACE FORCE III.—Such subtitle is further
14         amended by striking ‘‘or Marine Corps’’ each place it
15         appears and inserting ‘‘Marine Corps, or Space
16         Force’’ in the following provisions:
17                     (A) Section 125(b).
18                     (B) Section 541(a).
19                     (C) Section 601(a).
20                     (D) Section 603(a).
21                     (E) Section 619(a).
22                     (F) Section 619a(a).
23                     (G) Section 624(c).
24                     (H) Section 625(b).

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1                    (I) Subsections (a) and (d) of section 631.
2                    (J) Section 632(a).
3                    (K) Section 637(a)(2).
4                    (L) Section 638(a).
5                    (M) Section 741(d).
6                    (N) Section 771.
7                    (O) Section 772.
8                    (P) Section 773.
9                    (Q) Section 1123.
10                   (R) Section 1143(d).
11                   (S) Section 1174(a)(2).
12                   (T) Section 1251(a).
13                   (U) Section 1252(a).
14                   (V) Section 1253(a).
15                   (W) Section 1375.
16                   (X) Section 1413a(h).
17                   (Y) Section 1551.
18                   (Z) Section 1561(a).
19                   (AA) Section 1731(a)(1)(A)(ii).
20                   (BB) Section 2102(a).
21                   (CC) Section 2103a(a)(2).
22                   (DD) Section 2104(b)(5).
23                   (EE) Section 2107.
24                   (FF) Section 2421.
25                   (GG) Section 2631(a).


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1                    (HH) Section 2787(a).
 2            (4) REGULAR SPACE FORCE I.—Such subtitle is
 3      further amended by striking ‘‘or Regular Marine
 4      Corps’’ each place it appears and inserting ‘‘Regular
 5      Marine Corps, or Regular Space Force’’ in the fol-
 6      lowing provisions:
 7                   (A) Section 531(c).
 8                   (B) Section 532(a) in the matter preceding
 9            paragraph (1).
10                   (C) Subsections (a)(1), (b)(1), and (f) of sec-
11            tion 533.
12                   (D) Section 633(a).
13                   (E) Section 634(a).
14                   (F) Section 635.
15                   (G) Section 636(a).
16                   (H) Section 647(c).
17                   (I) Section 688(b)(1).
18                   (J) Section 1181.
19            (5) REGULAR SPACE FORCE II.—Such subtitle is
20      further amended by striking ‘‘Regular Marine Corps,’’
21      each place it appears and inserting ‘‘Regular Marine
22      Corps, Regular Space Force,’’ in the following provi-
23      sions:
24                   (A) Section 505.
25                   (B) Section 506.


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 1                   (C) Section 508.
2             (6) TRANSFER, ETC. OF FUNCTIONS, POWERS,
3       AND DUTIES.—Section 125(b) of such title, as amend-

4       ed by paragraph (3)(A), is further amended by strik-
5       ing ‘‘or 9062(c)’’ and inserting ‘‘9062(c), or 9081’’.
 6            (7) JOINT STAFF MATTERS.—
 7                   (A) APPOINTMENT       OF CHAIRMAN; GRADE

 8            AND RANK.—Section 152 of such title is amend-

 9            ed—
10                        (i) in subsection (b)(1)(C), by striking
11                   ‘‘or the Commandant of the Marine Corps’’
12                   and inserting ‘‘the Commandant of the Ma-
13                   rine Corps, or the Chief of Space Oper-
14                   ations’’; and
15                        (ii) in subsection (c), by striking ‘‘or,
16                   in the case of the Navy, admiral’’ and in-
17                   serting ‘‘, in the case of the Navy, admiral,
18                   or, in the case of an officer of the Space
19                   Force, the equivalent grade,’’.
20                   (B) INCLUSION OF SPACE FORCE ON JOINT
21            STAFF.—Section 155(a) of such title is amend-

22            ed—
23                        (i) in paragraph (2) by inserting ‘‘the
24                   Space Force and’’ before ‘‘the Coast Guard’’;




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 1                        (ii) by redesignating paragraph (3) as
 2                    paragraph (4); and
 3                        (iii) by inserting after paragraph (2)
 4                    the following new paragraph (3):
 5       ‘‘(3) Officers of the Space Force assigned to serve on
 6 the Joint Staff shall be selected by the Chairman in a num-
 7 ber that, to the extent practicable, bears the same proportion
 8 to the numbers of officers of the armed forces selected under
 9 paragraph (2) as the number of Regular members of the
10 Space Force bears to the number of Regular members of
11 the armed forces specified in that paragraph (with the Navy
12 and the Marine Corps treated as a single armed force for
13 purposes of this paragraph).’’.
14             (8) ARMED FORCES POLICY COUNCIL.—Section
15       171(a) of such title is amended—
16                    (A) in paragraph (15), by striking ‘‘and’’;
17                    (B) in paragraph (16), by striking the pe-
18             riod and inserting ‘‘; and’’; and
19                    (C) by adding at the end the following new
20             paragraph:
21             ‘‘(17) the Chief of Space Operations.’’.
22             (9) JOINT     REQUIREMENTS     OVERSIGHT    COUN-

23       CIL.—Section 181(c)(1) of such title is amended by

24       adding at the end the following new subparagraph:




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 1                   ‘‘(F) A Space Force officer in the grade
 2            equivalent to the grade of general in the Army,
 3            Air Force, or Marine Corps, or admiral in the
 4            Navy.’’.
 5            (10) UNFUNDED PRIORITIES.—Section 222a(b)
 6      of such title is amended—
 7                   (A) by redesignating paragraph (5) as
 8            paragraph (6); and
 9                   (B) by inserting after paragraph (4) the fol-
10            lowing new paragraph:
11            ‘‘(5) The Chief of Space Operations.’’.
12            (11) THEATER        SECURITY    COOPERATION     EX-

13      PENSES.—Section 312(b)(3) of such title is amended

14      by inserting ‘‘the Chief of Space Operations,’’ after
15      ‘‘the Commandant of the Marine Corps,’’.
16            (12) WESTERN HEMISPHERE INSTITUTE.—Sec-
17      tion 343(e)(1)(E) of such title is amended by insert-
18      ing ‘‘or Space Force’’ after ‘‘for the Air Force’’.
19            (13) ORIGINAL       APPOINTMENTS      OF   COMMIS-

20      SIONED OFFICERS.—Section         531(a) of such title is
21      amended—
22                   (A) in paragraph (1), by striking ‘‘and in
23            the grades of ensign, lieutenant (junior grade),
24            and lieutenant in the Regular Navy’’ and insert-
25            ing ‘‘in the grades of ensign, lieutenant (junior


     † HR 6395 EAS
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 1            grade), and lieutenant in the Regular Navy, and
 2            in the equivalent grades in the Regular Space
 3            Force’’; and
 4                    (B) in paragraph (2), by striking ‘‘and in
 5            the grades of lieutenant commander, commander,
 6            and captain in the Regular Navy’’ and inserting
 7            ‘‘in the grades of lieutenant commander, com-
 8            mander, and captain in the Regular Navy, and
 9            in the equivalent grades in the Regular Space
10            Force’’.
11            (14) SERVICE CREDIT UPON ORIGINAL APPOINT-
12      MENT         AS    A   COMMISSIONED      OFFICER.—Section

13      533(b)(2) of such title is amended by striking ‘‘or
14      captain in the Navy’’ and inserting ‘‘, captain in the
15      Navy, or an equivalent grade in the Space Force’’.
16            (15) SENIOR JOINT OFFICER POSITIONS: REC-
17      OMMENDATIONS TO THE SECRETARY OF DEFENSE.—

18      Section 604(a)(1)(A) of such title is amended by in-
19      serting ‘‘and the name of at least one Space Force of-
20      ficer’’ after ‘‘Air Force officer’’.
21            (16)        FORCE   SHAPING      AUTHORITY.—Section

22      647(a)(2) of such title is amended by striking ‘‘of that
23      armed force’’.




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 1            (17) MEMBERS:      REQUIRED SERVICE.—Section

 2      651(b) of such title is amended by striking ‘‘of his
 3      armed force’’.
 4            (18) CAREER FLEXIBILITY TO ENHANCE RETEN-
 5      TION OF MEMBERS.—Section 710(c)(1) of such title is

 6      amended by striking ‘‘the armed force concerned’’ and
 7      inserting ‘‘an armed force’’.
 8            (19) SENIOR MEMBERS OF MILITARY STAFF COM-
 9      MITTEE OF UNITED NATIONS.—Section          711 of such
10      title is amended by inserting ‘‘or the Space Force’’
11      after ‘‘Air Force’’.
12            (20) RANK: CHIEF OF SPACE OPERATIONS.—
13                   (A) IN GENERAL.—Section 743 of such title
14            is amended by striking ‘‘and the Commandant of
15            the Marine Corps’’ and inserting ‘‘the Com-
16            mandant of the Marine Corps, and the Chief of
17            Space Operations’’.
18                   (B) HEADING.—The heading of such section
19            743 is amended to read as follows:
20 ‘‘§ 743. Rank: Chief of Staff of the Army; Chief of
21               Naval Operations; Chief of Staff of the Air

22               Force; Commandant of the Marine Corps;

23               Chief of Space Operations’’.

24                   (C) TABLE OF SECTIONS.—The table of sec-
25            tions at the beginning of chapter 43 of such title


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1                 is amended by striking the item relating to sec-
2                 tion 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.’’.

 3                (21) UNIFORM CODE OF MILITARY JUSTICE.—
 4         Chapter 47 of such title (the Uniform Code of Mili-
 5         tary Justice) is amended—
 6                       (A) in section 822(a)(7) (article 22(a)(7)),
 7                by striking ‘‘Marine Corps’’ and inserting ‘‘Ma-
 8                rine Corps, or the commanding officer of a cor-
 9                responding unit of the Space Force’’;
10                       (B) in section 823(a) (article 23(a))—
11                              (i) in paragraph (2)—
12                                     (I) by striking ‘‘Air Force base’’
13                              and inserting ‘‘Air Force or Space
14                              Force military installation’’; and
15                                     (II) by striking ‘‘or the Air
16                              Force’’ and inserting ‘‘the Air Force,
17                              or the Space Force’’; and
18                              (ii) in paragraph (4), by inserting ‘‘or
19                       a corresponding unit of the Space Force’’
20                       after ‘‘Air Force’’; and
21                       (C) in section 824(a)(3) (article 24(a)(3)),
22                by inserting ‘‘or a corresponding unit of the
23                Space Force’’ after ‘‘Air Force’’.


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 1            (22) SERVICE AS CADET OR MIDSHIPMAN NOT
 2      COUNTED        FOR     LENGTH     OF   SERVICE.—Section

 3      971(b)(2) of such title is amended by striking ‘‘or Air
 4      Force’’ and inserting ‘‘, Air Force, or Space Force’’.
 5            (23) REFERRAL BONUS.—Section 1030(h)(3) of
 6      such title is amended by inserting ‘‘and the Space
 7      Force’’ after ‘‘concerning the Air Force’’.
 8            (24) RETURN TO ACTIVE DUTY FROM TEMPORARY
 9      DISABILITY.—Section 1211(a) of such title is amend-

10      ed—
11                   (A) in the matter preceding paragraph (1),
12            by striking ‘‘or the Air Force’’ and inserting ‘‘,
13            the Air Force, or the Space Force’’; and
14                   (B) in paragraph (6)—
15                        (i) by striking ‘‘or the Air Force, who’’
16                   and inserting ‘‘the Air Force, or the Space
17                   Force who’’; and
18                        (ii) by striking ‘‘or the Air Force, as’’
19                   and inserting ‘‘the Air Force, or the Space
20                   Force, as’’.
21            (25) YEARS OF SERVICE.—Section 1405(c) of
22      such title is amended by striking ‘‘or Air Force’’ and
23      inserting ‘‘, Air Force, or Space Force’’.




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 1            (26) RETIRED PAY BASE FOR PERSONS WHO BE-
 2      CAME MEMBERS BEFORE SEPTEMBER 8, 1980.—Sec-

 3      tion 1406 of such title is amended—
 4                   (A) in the heading of subsection (e), by in-
 5            serting ‘‘AND SPACE FORCE’’ after ‘‘AIR FORCE’’;
 6            and
 7                   (B) in subsection (i)(3)—
 8                        (i) in subparagraph (A)—
 9                             (I) by redesignating clause (v) as
10                        clause (vi); and
11                             (II) by inserting after clause (iv)
12                        the following new clause (v):
13                        ‘‘(v) Chief of Space Operations.’’; and
14                        (ii) in subparagraph (B)—
15                             (I) by redesignating clause (v) as
16                        clause (vi); and
17                             (II) by inserting after clause (iv)
18                        the following new clause (v):
19                        ‘‘(v) The senior enlisted advisor of the
20                   Space Force.’’.
21            (27) SPECIAL       REQUIREMENTS     FOR     MILITARY

22      PERSONNEL IN THE ACQUISITION FIELD.—

23                   (A) IN GENERAL.—Section 1722a(a) of such
24            title is amended by striking ‘‘and the Com-
25            mandant of the Marine Corps (with respect to


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                               645
 1            the Army, Navy, Air Force, and Marine Corps,
 2            respectively)’’ and inserting ‘‘, the Commandant
 3            of the Marine Corps, and the Chief of Space Op-
 4            erations (with respect to the Army, Navy, Air
 5            Force, Marine Corps, and Space Force, respec-
 6            tively)’’.
 7                   (B) CLARIFYING   AMENDMENT.—Such         sec-
 8            tion 1722a(a) is further amended by striking
 9            ‘‘the Under Secretary of Defense for Acquisition,
10            Technology, and Logistics’’ and inserting ‘‘the
11            Under Secretary of Defense for Acquisition and
12            Sustainment’’.
13            (28)    SENIOR    MILITARY      ACQUISITION   ADVI-

14      SORS.—Section 1725(e)(1)(C) of such title is amended

15      by inserting ‘‘and Space Force’’ before the period.
16            (29) MILITARY FAMILY READINESS COUNCIL.—
17      Section 1781a(b)(1) of such title is amended by strik-
18      ing ‘‘Marine Corps, and Air Force’’ each place it ap-
19      pears and inserting ‘‘Air Force, Marine Corps, and
20      Space Force’’.
21            (30) FINANCIAL ASSISTANCE PROGRAM FOR SPE-
22      CIALLY SELECTED MEMBERS.—Section 2107 of such

23      title is amended—
24                   (A) in subsection (a)—




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 1                        (i) by striking ‘‘or as a’’ and inserting
 2                   ‘‘, as a’’; and
 3                        (ii) by inserting ‘‘or as an officer in
 4                   the equivalent grade in the Space Force’’
 5                   after ‘‘Marine Corps,’’;
 6                   (B) in subsection (b)—
 7                        (i) in paragraph (3), by striking ‘‘the
 8                   reserve component of the armed force in
 9                   which he is appointed as a cadet or mid-
10                   shipman’’ and inserting ‘‘the reserve compo-
11                   nent of an armed force’’; and
12                        (ii) in paragraph (5), by striking ‘‘re-
13                   serve component of that armed force’’ each
14                   place it appears and inserting ‘‘reserve com-
15                   ponent of an armed force’’; and
16                   (C) in subsection (d), by striking ‘‘second
17            lieutenant or ensign’’ and inserting ‘‘second lieu-
18            tenant, ensign, or an equivalent grade in the
19            Space Force’’.
20            (31) SPACE RAPID CAPABILITIES OFFICE.—Sec-
21      tion 2273a(d) of such title is amended by striking
22      paragraph (3).
23            (32)     ACQUISITION-RELATED       FUNCTIONS      OF

24      CHIEFS OF THE ARMED FORCES.—Section 2547(a) of

25      such title is amended by striking ‘‘and the Com-


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 1      mandant of the Marine Corps’’ and inserting ‘‘the
 2      Commandant of the Marine Corps, and the Chief of
 3      Space Operations’’.
 4            (33) AGREEMENTS RELATED TO MILITARY TRAIN-
 5      ING, TESTING, AND OPERATIONS.—Section 2684a(i) of

 6      such title is amended by inserting ‘‘Space Force,’’ be-
 7      fore ‘‘or Defense-wide activities’’ each place it ap-
 8      pears.
 9      (c) PROVISIONS OF SUBTITLE B.—
10            (1) IN GENERAL.—Subtitle B of title 10, United
11      States Code, is amended by striking ‘‘or Marine
12      Corps’’ each place it appears and inserting ‘‘Marine
13      Corps, or Space Force’’ in the following provisions:
14                   (A) Section 7452(c).
15                   (B) Section 7621(d).
16            (2) COMPUTATION OF YEARS OF SERVICE.—Sec-
17      tion 7326(a)(1) of such title is amended by striking
18      ‘‘or the Air Force’’ and inserting ‘‘, the Air Force, or
19      the Space Force’’.
20      (d) PROVISIONS OF SUBTITLE C.—
21            (1) CADETS; HAZING.—Section 8464(f) of title
22      10, United States Code, is amended by striking ‘‘or
23      Marine Corps’’ and inserting ‘‘Marine Corps, or
24      Space Force’’.
25            (2) SALES PRICES.—


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 1                       (A) IN       GENERAL.—Section              8802 of such
 2                title is amended by striking ‘‘or the Air Force’’
 3                and inserting ‘‘, the Air Force, or the Space
 4                Force’’.
 5                       (B) HEADING.—The heading of such section
 6                8802 is amended to read as follows:
 7 ‘‘§ 8802. Sales: members of Army, Air Force, and Space
 8                    Force; prices’’.

 9                       (C) TABLE OF SECTIONS.—The table of sec-
10                tions at the beginning of chapter 879 of such title
11                is amended by striking the item relating to sec-
12                tion 8802 and inserting the following new item:
     ‘‘8802. Sales: members of Army, Air Force, and Space Force; prices.’’.

13                (3) SALES          TO     CERTAIN        VETERANS.—Section

14         8803 of such title is amended by striking ‘‘or the Ma-
15         rine Corps’’ and inserting ‘‘the Marine Corps, or the
16         Space Force’’.
17                (4) SUBSISTENCE AND OTHER SUPPLIES.—Sec-
18         tion 8806(d) of such title is amended by striking ‘‘or
19         Air Force or Marine Corps’’ and inserting ‘‘, Air
20         Force, Marine Corps, or Space Force’’.
21                (5) SCOPE          OF CHAPTER ON PRIZE.—Section

22         8851(a) of such title is amended by striking ‘‘or the
23         Air Force’’ and inserting ‘‘, the Air Force, or the
24         Space Force’’.


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                                649
1    SEC. 934. AMENDMENTS TO PROVISIONS OF LAW RELATING

2                     TO PAY AND ALLOWANCES.

3        (a) DEFINITIONS.—Section 101 of title 37, United
4 States Code, is amended—
5              (1) in paragraphs (3) and (4), by inserting
6        ‘‘Space Force,’’ after ‘‘Marine Corps,’’ each place it
7        appears; and
8              (2) in paragraph (5)(C), by inserting ‘‘and the
9        Space Force’’ after ‘‘Air Force’’.
10       (b) BASIC PAY RATES.—
11             (1) COMMISSIONED OFFICERS.—Footnote 2 of the
12       table titled ‘‘COMMISSIONED OFFICERS’’ in sec-
13       tion 601(c) of the John Warner National Defense Au-
14       thorization Act for Fiscal Year 2007 (Public Law
15       109–364; 37 U.S.C. 1009 note) is amended by insert-
16       ing after ‘‘Commandant of the Marine Corps,’’ the fol-
17       lowing: ‘‘Chief of Space Operations,’’.
18             (2) ENLISTED     MEMBERS.—Footnote    2 of the
19       table titled ‘‘ENLISTED MEMBERS’’ in section
20       601(c) of the John Warner National Defense Author-
21       ization Act for Fiscal Year 2007 (Public Law 109–
22       364; 37 U.S.C. 1009 note) is amended by inserting
23       after ‘‘Sergeant Major of the Marine Corps,’’ the fol-
24       lowing: ‘‘the senior enlisted advisor of the Space
25       Force,’’.


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 1       (c)   PAY     GRADES:    ASSIGNMENT      TO;   GENERAL
 2 RULES.—Section 201(a) of title 37, United States Code, is
 3 amended—
 4             (1) by striking ‘‘(a) For the purpose’’ and insert-
 5       ing ‘‘(a)(1) Subject to paragraph (2), for the pur-
 6       pose’’; and
 7             (2) by adding at the end the following new para-
 8       graph:
 9       ‘‘(2) For the purpose of computing their basic pay,
10 commissioned officers of the Space Force are assigned to
11 the pay grades in the table in paragraph (1) by grade or
12 rank in the Air Force that is equivalent to the grade or
13 rank in which such officers are serving in the Space Force.’’.
14       (d) PAY OF SENIOR ENLISTED MEMBERS.—Section
15 210(c) of title 37, United States Code, is amended—
16             (1) by redesignating paragraph (5) as para-
17       graph (6); and
18             (2) by inserting after paragraph (4) the fol-
19       lowing new paragraph (5):
20             ‘‘(5) The senior enlisted advisor of the Space
21       Force.’’.
22       (e) ALLOWANCES OTHER THAN TRAVEL AND TRANS-
23   PORTATION ALLOWANCES.—

24             (1) PERSONAL MONEY ALLOWANCE.—Section 414
25       of title 37, United States Code, is amended—


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                                 651
 1                    (A) in subsection (a)(5), by inserting ‘‘Chief
 2             of Space Operations,’’ after ‘‘Commandant of the
 3             Marines Corps,’’; and
 4                    (B) in subsection (b), by inserting ‘‘the sen-
 5             ior enlisted advisor of the Space Force,’’ after
 6             ‘‘the Sergeant Major of the Marine Corps,’’.
 7             (2) CLOTHING        ALLOWANCE:     ENLISTED    MEM-

 8       BERS.—Section 418(d) of such title is amended—

 9                    (A) in paragraph (1), by striking ‘‘or Ma-
10             rine Corps’’ and inserting ‘‘Marine Corps, or
11             Space Force’’; and
12                    (B) in paragraph (4), by striking ‘‘or the
13             Marine Corps’’ and inserting ‘‘the Marine Corps,
14             or the Space Force’’.
15       (f) TRAVEL       AND    TRANSPORTATION ALLOWANCES:
16 PARKING EXPENSES.—Section 481i(b) of title 37, United
17 States Code, is amended by striking ‘‘or Marine Corps’’ and
18 inserting ‘‘Marine Corps, or Space Force’’.
19       (g) LEAVE.—
20             (1) ADDITION OF SPACE FORCE.—Chapter 9 of
21       title 37, United States Code, is amended by inserting
22       ‘‘Space Force,’’ after ‘‘Marines Corps,’’ each place it
23       appears in the following provisions:
24                    (A) Subsections (b)(1) and (e)(1) of section
25             501.


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                                 652
 1                   (B) Section 502(a).
 2                   (C) Section 503(a).
3             (2) ADDITION OF REGULAR SPACE FORCE.—Sec-
4       tion 501(b)(5)(C) of such title is amended by striking
5       ‘‘or Regular Marine Corps’’ and inserting ‘‘Regular
6       Marine Corps, or Regular Space Force’’.
 7            (3) TECHNICAL           AMENDMENTS.—Chapter      9 of
 8      such title is further amended as follows:
 9                   (A) In section 501(b)(1)—
10                        (i) by striking ‘‘his’’ each place it ap-
11                   pears and inserting ‘‘the member’s’’; and
12                        (ii) by striking ‘‘he’’ and inserting ‘‘the
13                   member’’.
14                   (B) In section 502—
15                        (i) by striking ‘‘his designated rep-
16                   resentative’’ each place it appears and in-
17                   serting ‘‘the Secretary’s designated rep-
18                   resentative’’;
19                        (ii) in subsection (a), by striking ‘‘he’’
20                   each place it appears and inserting ‘‘the
21                   member’’; and
22                        (iii) in subsection (b), by striking
23                   ‘‘his’’ and inserting ‘‘the member’s’’.
24      (h) ALLOTMENT AND ASSIGNMENT OF PAY.—




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                                     653
 1               (1) IN GENERAL.—Subsections (a), (c), and (d)
 2         of section 701 of title 37, United States Code, are each
 3         amended by striking ‘‘or Marine Corps’’ and insert-
 4         ing ‘‘Marine Corps, or Space Force’’.
 5               (2) TECHNICAL AMENDMENTS.—Such section 701
 6         is further amended—
 7                     (A) in subsection (a), by striking ‘‘his’’ and
 8               inserting ‘‘the officer’s’’;
 9                     (B) in subsection (b), by striking ‘‘his’’ and
10               inserting ‘‘the person’s’’; and
11                     (C) in subsection (c), by striking ‘‘his pay,
12               and if he does so’’ and inserting ‘‘the member’s
13               pay, and if the member does so’’.
14               (3) HEADING.—The heading of such section 701
15         is amended to read as follows:
16 ‘‘§ 701. Members of the Army, Navy, Air Force, Marine
17                   Corps, and Space Force; contract sur-

18                   geons’’.

19               (4) TABLE OF SECTIONS.—The table of sections
20         at the beginning of chapter 13 of such title is amend-
21         ed by striking the item relating to section 701 and in-
22         serting the following new item:
     ‘‘701. Members of the Army, Navy, Air Force, Marine Corps, and Space Force;
                      contract surgeons.’’.

23         (i) FORFEITURE OF PAY.—



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 1                (1) FORFEITURE             FOR    ABSENCE       FOR     INTEM-

 2         PERATE USE OF ALCOHOL OR DRUGS.—

 3                      (A) IN GENERAL.—Section 802 of title 37,
 4                United States Code, is amended by striking ‘‘or
 5                Marine Corps’’ and inserting ‘‘Marine Corps, or
 6                Space Force’’.
 7                      (B) TECHNICAL AMENDMENTS.—Such sec-
 8                tion 802 is further amended by striking ‘‘his’’
 9                each place it appears and inserting ‘‘the mem-
10                ber’s’’.
11                (2)     FORFEITURE           WHEN         DROPPED         FROM

12         ROLLS.—

13                      (A) IN GENERAL.—Section 803 of such title
14                is amended by striking ‘‘or the Air Force’’ and
15                inserting ‘‘, the Air Force, or the Space Force’’.
16                      (B) HEADING.—The heading of such section
17                803 is amended to read as follows:
18 ‘‘§ 803. Commissioned officers of the Army, Air Force,
19                   or Space Force: forfeiture of pay when

20                   dropped from rolls’’.

21                      (C) TABLE OF SECTIONS.—The table of sec-
22                tions at the beginning of chapter 15 of such title
23                is amended by striking the item relating to sec-
24                tion 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.’’.


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 1         (j) EFFECT ON PAY OF EXTENSION OF ENLISTMENT.—
 2 Section 906 of title 37, United States Code, is amended by
 3 inserting ‘‘Space Force,’’ after ‘‘Marine Corps,’’.
 4         (k) ADMINISTRATION OF PAY.—
 5                (1) PROMPT PAYMENT REQUIRED.—
 6                       (A) IN GENERAL.—Section 1005 of title 37,
 7                United States Code, is amended by striking ‘‘and
 8                of the Air Force’’ and inserting ‘‘, the Air Force,
 9                and the Space Force’’.
10                       (B) HEADING.—The heading of such section
11                1005 is amended to read as follows:
12 ‘‘§ 1005. Army, Air Force, and Space Force: prompt
13                    payments required’’.

14                       (C) TABLE OF SECTIONS.—The table of sec-
15                tions at the beginning of chapter 15 of such title
16                is amended by striking the item relating to sec-
17                tion 803 and inserting the following new item:
     ‘‘1005. Army, Air Force, and Space Force: prompt payments required.’’.

18                (2) DEDUCTIONS FROM PAY.—
19                       (A) IN      GENERAL.—Section            1007 of such
20                title is amended—
21                             (i) in subsections (b), (d), (f), and (g),
22                       by striking ‘‘or the Air Force’’ and inserting
23                       ‘‘, the Air Force, or the Space Force’’; and

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