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.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
- Issuer
- Congressional materials
- Document type
- Bills Bills 116Hr6395Eas Bills 116Hr6395Eas
- Case
- Bills Bills 116Hr6395Eas Bills 116Hr6395Eas
Cite this document
“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.
† HR 6395 EAS
3
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.
† HR 6395 EAS
4
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.
† HR 6395 EAS
5
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.
† HR 6395 EAS
6
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.
† HR 6395 EAS
7
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.
† HR 6395 EAS
8
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.
† HR 6395 EAS
9
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.
† HR 6395 EAS
10
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.
† HR 6395 EAS
11
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.
† HR 6395 EAS
12
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.
† HR 6395 EAS
13
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.
† HR 6395 EAS
14
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.
† HR 6395 EAS
15
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.
† HR 6395 EAS
16
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.
† HR 6395 EAS
17
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.
† HR 6395 EAS
18
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.
† HR 6395 EAS
19
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.
† HR 6395 EAS
20
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.
† HR 6395 EAS
21
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.
† HR 6395 EAS
22
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.
† HR 6395 EAS
23
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.
† HR 6395 EAS
24
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.
† HR 6395 EAS
25
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.
† HR 6395 EAS
26
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.
† HR 6395 EAS
27
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.
† HR 6395 EAS
28
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.
† HR 6395 EAS
29
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.
† HR 6395 EAS
30
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.
† HR 6395 EAS
31
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.
† HR 6395 EAS
32
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.
† HR 6395 EAS
33
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.
† HR 6395 EAS
34
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.
† HR 6395 EAS
35
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.
† HR 6395 EAS
36
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.
† HR 6395 EAS
37
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).
† HR 6395 EAS
38
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.
† HR 6395 EAS
39
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.
† HR 6395 EAS
40
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
† HR 6395 EAS
41
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.
† HR 6395 EAS
42
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.
† HR 6395 EAS
43
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:
† HR 6395 EAS
44
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.
† HR 6395 EAS
45
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
† HR 6395 EAS
46
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).
† HR 6395 EAS
47
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.
† HR 6395 EAS
48
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-
† HR 6395 EAS
49
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.
† HR 6395 EAS
50
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
† HR 6395 EAS
51
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
† HR 6395 EAS
52
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
† HR 6395 EAS
53
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:
† HR 6395 EAS
54
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.
† HR 6395 EAS
55
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
† HR 6395 EAS
56
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
† HR 6395 EAS
57
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).
† HR 6395 EAS
58
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).
† HR 6395 EAS
59
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.
† HR 6395 EAS
60
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.
† HR 6395 EAS
61
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.
† HR 6395 EAS
62
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
† HR 6395 EAS
63
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
† HR 6395 EAS
64
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.—
† HR 6395 EAS
65
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:
† HR 6395 EAS
66
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;
† HR 6395 EAS
67
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-
† HR 6395 EAS
68
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
† HR 6395 EAS
69
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
† HR 6395 EAS
70
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
† HR 6395 EAS
71
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
† HR 6395 EAS
72
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
† HR 6395 EAS
73
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):
† HR 6395 EAS
74
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.
† HR 6395 EAS
75
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-
† HR 6395 EAS
76
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.
† HR 6395 EAS
77
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:
† HR 6395 EAS
78
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—
† HR 6395 EAS
79
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.—
† HR 6395 EAS
80
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—
† HR 6395 EAS
81
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
† HR 6395 EAS
82
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,
† HR 6395 EAS
83
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-
† HR 6395 EAS
84
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.
† HR 6395 EAS
85
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
† HR 6395 EAS
86
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-
† HR 6395 EAS
87
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.
† HR 6395 EAS
88
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—
† HR 6395 EAS
89
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
† HR 6395 EAS
90
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-
† HR 6395 EAS
91
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.
† HR 6395 EAS
92
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—
† HR 6395 EAS
93
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
† HR 6395 EAS
94
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.
† HR 6395 EAS
95
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.
† HR 6395 EAS
96
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—
† HR 6395 EAS
97
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;
† HR 6395 EAS
98
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.
† HR 6395 EAS
99
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-
† HR 6395 EAS
100
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—
† HR 6395 EAS
101
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
† HR 6395 EAS
102
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).
† HR 6395 EAS
103
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-
† HR 6395 EAS
104
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–
† HR 6395 EAS
105
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.’’.
† HR 6395 EAS
106
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
† HR 6395 EAS
107
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;
† HR 6395 EAS
108
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.
† HR 6395 EAS
109
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-
† HR 6395 EAS
110
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-
† HR 6395 EAS
111
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
† HR 6395 EAS
112
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
† HR 6395 EAS
113
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
† HR 6395 EAS
114
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-
† HR 6395 EAS
115
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-
† HR 6395 EAS
116
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).
† HR 6395 EAS
117
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.
† HR 6395 EAS
118
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.
† HR 6395 EAS
119
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-
† HR 6395 EAS
120
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
† HR 6395 EAS
121
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
† HR 6395 EAS
122
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-
† HR 6395 EAS
123
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
† HR 6395 EAS
124
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.
† HR 6395 EAS
125
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
† HR 6395 EAS
126
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
127
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
† HR 6395 EAS
128
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
† HR 6395 EAS
129
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.
† HR 6395 EAS
130
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-
† HR 6395 EAS
131
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—
† HR 6395 EAS
132
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:
† HR 6395 EAS
133
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:
† HR 6395 EAS
134
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.
† HR 6395 EAS
135
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.
† HR 6395 EAS
136
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.
† HR 6395 EAS
137
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:
† HR 6395 EAS
138
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:
† HR 6395 EAS
139
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:
† HR 6395 EAS
140
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.—
† HR 6395 EAS
141
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.
† HR 6395 EAS
142
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’’.
† HR 6395 EAS
143
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’’.
† HR 6395 EAS
144
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.
† HR 6395 EAS
145
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.
† HR 6395 EAS
146
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-
† HR 6395 EAS
147
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
† HR 6395 EAS
148
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
† HR 6395 EAS
149
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.’’.
† HR 6395 EAS
150
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.
† HR 6395 EAS
151
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
† HR 6395 EAS
152
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.
† HR 6395 EAS
153
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.
† HR 6395 EAS
154
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
† HR 6395 EAS
155
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-
† HR 6395 EAS
156
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
† HR 6395 EAS
157
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.
† HR 6395 EAS
158
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—
† HR 6395 EAS
159
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-
† HR 6395 EAS
160
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:
† HR 6395 EAS
161
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.
† HR 6395 EAS
162
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
† HR 6395 EAS
163
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—
† HR 6395 EAS
164
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
† HR 6395 EAS
165
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’’.
† HR 6395 EAS
166
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
† HR 6395 EAS
167
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
† HR 6395 EAS
168
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);
† HR 6395 EAS
169
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.
† HR 6395 EAS
170
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:
† HR 6395 EAS
171
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;
† HR 6395 EAS
172
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
† HR 6395 EAS
173
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.
† HR 6395 EAS
174
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.
† HR 6395 EAS
175
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
† HR 6395 EAS
176
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
† HR 6395 EAS
177
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
† HR 6395 EAS
178
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.
† HR 6395 EAS
179
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.
† HR 6395 EAS
180
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.
† HR 6395 EAS
181
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:
† HR 6395 EAS
182
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.
† HR 6395 EAS
183
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.’’.
† HR 6395 EAS
184
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
185
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-
† HR 6395 EAS
186
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
† HR 6395 EAS
187
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
† HR 6395 EAS
188
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,
† HR 6395 EAS
189
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
† HR 6395 EAS
190
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
† HR 6395 EAS
191
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).
† HR 6395 EAS
192
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—
† HR 6395 EAS
193
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.’’.
† HR 6395 EAS
194
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-
† HR 6395 EAS
195
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-
† HR 6395 EAS
196
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
197
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.
† HR 6395 EAS
198
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.
† HR 6395 EAS
199
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.
† HR 6395 EAS
200
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.
† HR 6395 EAS
201
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.
† HR 6395 EAS
202
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’’.
† HR 6395 EAS
203
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.
† HR 6395 EAS
204
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:
† HR 6395 EAS
205
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.
† HR 6395 EAS
206
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.
† HR 6395 EAS
207
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
† HR 6395 EAS
208
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-
† HR 6395 EAS
209
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-
† HR 6395 EAS
210
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
† HR 6395 EAS
211
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
† HR 6395 EAS
212
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
† HR 6395 EAS
213
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-
† HR 6395 EAS
214
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-
† HR 6395 EAS
215
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)—
† HR 6395 EAS
216
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
† HR 6395 EAS
217
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
† HR 6395 EAS
218
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.
† HR 6395 EAS
219
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—
† HR 6395 EAS
220
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.
† HR 6395 EAS
221
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.
† HR 6395 EAS
222
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.
† HR 6395 EAS
223
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
† HR 6395 EAS
224
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:
† HR 6395 EAS
225
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.’’.
† HR 6395 EAS
226
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
227
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)’’;
† HR 6395 EAS
228
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.’’.
† HR 6395 EAS
229
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—
† HR 6395 EAS
230
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-
† HR 6395 EAS
231
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.
† HR 6395 EAS
232
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
233
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
234
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
236
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
237
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
238
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
242
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-
† HR 6395 EAS
243
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
† HR 6395 EAS
244
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.
† HR 6395 EAS
245
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
† HR 6395 EAS
246
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)—
† HR 6395 EAS
247
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
248
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
249
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
† HR 6395 EAS
250
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
251
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
252
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
253
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-
† HR 6395 EAS
254
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
† HR 6395 EAS
255
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.
† HR 6395 EAS
256
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-
† HR 6395 EAS
257
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
† HR 6395 EAS
258
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
† HR 6395 EAS
259
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.
† HR 6395 EAS
260
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.
† HR 6395 EAS
261
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
† HR 6395 EAS
262
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
† HR 6395 EAS
263
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.’’.
† HR 6395 EAS
264
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’’.
† HR 6395 EAS
265
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.’’.
† HR 6395 EAS
266
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
† HR 6395 EAS
267
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–
† HR 6395 EAS
268
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:
† HR 6395 EAS
269
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
† HR 6395 EAS
270
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.
† HR 6395 EAS
271
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.
† HR 6395 EAS
272
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’’.
† HR 6395 EAS
273
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.—
† HR 6395 EAS
274
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-
† HR 6395 EAS
275
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.
† HR 6395 EAS
276
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.
† HR 6395 EAS
277
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-
† HR 6395 EAS
278
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;
† HR 6395 EAS
279
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;
† HR 6395 EAS
280
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.
† HR 6395 EAS
281
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—
† HR 6395 EAS
282
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’’.
† HR 6395 EAS
283
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;
† HR 6395 EAS
284
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.
† HR 6395 EAS
285
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
† HR 6395 EAS
286
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.—
† HR 6395 EAS
287
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
† HR 6395 EAS
288
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.
† HR 6395 EAS
289
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;
† HR 6395 EAS
290
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.’’.
† HR 6395 EAS
291
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
† HR 6395 EAS
292
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-
† HR 6395 EAS
293
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:
† HR 6395 EAS
294
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.
† HR 6395 EAS
295
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):
† HR 6395 EAS
296
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
† HR 6395 EAS
297
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.’’.
† HR 6395 EAS
298
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.’’.
† HR 6395 EAS
299
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:
† HR 6395 EAS
300
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-
† HR 6395 EAS
301
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-
† HR 6395 EAS
302
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-
† HR 6395 EAS
303
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.
† HR 6395 EAS
304
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
† HR 6395 EAS
305
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.
† HR 6395 EAS
306
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:
† HR 6395 EAS
307
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
† HR 6395 EAS
308
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).
† HR 6395 EAS
309
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-
† HR 6395 EAS
310
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
† HR 6395 EAS
311
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.
† HR 6395 EAS
312
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.—
† HR 6395 EAS
313
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.
† HR 6395 EAS
314
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’
† HR 6395 EAS
315
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).
† HR 6395 EAS
316
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
† HR 6395 EAS
317
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
† HR 6395 EAS
318
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:
† HR 6395 EAS
319
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
† HR 6395 EAS
320
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.
† HR 6395 EAS
321
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:
† HR 6395 EAS
322
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)’’.
† HR 6395 EAS
323
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
† HR 6395 EAS
324
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
325
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
† HR 6395 EAS
326
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
327
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-
† HR 6395 EAS
328
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:
† HR 6395 EAS
329
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-
† HR 6395 EAS
330
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
331
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.
† HR 6395 EAS
332
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.
† HR 6395 EAS
333
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-
† HR 6395 EAS
334
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.
† HR 6395 EAS
335
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.
† HR 6395 EAS
336
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).
† HR 6395 EAS
337
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;
† HR 6395 EAS
338
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
339
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
† HR 6395 EAS
340
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.
† HR 6395 EAS
341
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—
† HR 6395 EAS
342
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.
† HR 6395 EAS
343
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)—
† HR 6395 EAS
344
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:
† HR 6395 EAS
345
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-
† HR 6395 EAS
346
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
347
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
† HR 6395 EAS
349
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.—
† HR 6395 EAS
350
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.
† HR 6395 EAS
351
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).
† HR 6395 EAS
352
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.
† HR 6395 EAS
353
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
354
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
† HR 6395 EAS
355
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:
† HR 6395 EAS
356
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—
† HR 6395 EAS
357
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
† HR 6395 EAS
358
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.
† HR 6395 EAS
359
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
† HR 6395 EAS
360
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.—
† HR 6395 EAS
361
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-
† HR 6395 EAS
362
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-
† HR 6395 EAS
363
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
† HR 6395 EAS
364
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.
† HR 6395 EAS
365
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:
† HR 6395 EAS
366
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
367
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).
† HR 6395 EAS
368
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).
† HR 6395 EAS
369
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.
† HR 6395 EAS
370
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:
† HR 6395 EAS
371
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
† HR 6395 EAS
372
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.’’.
† HR 6395 EAS
373
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.
† HR 6395 EAS
374
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’’.
† HR 6395 EAS
375
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
† HR 6395 EAS
376
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:
† HR 6395 EAS
377
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
† HR 6395 EAS
378
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-
† HR 6395 EAS
379
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.
† HR 6395 EAS
380
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.
† HR 6395 EAS
381
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.
† HR 6395 EAS
382
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’’.
† HR 6395 EAS
383
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
† HR 6395 EAS
384
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.
† HR 6395 EAS
385
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).
† HR 6395 EAS
386
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.
† HR 6395 EAS
387
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
† HR 6395 EAS
388
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
† HR 6395 EAS
389
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).
† HR 6395 EAS
390
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
† HR 6395 EAS
391
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
† HR 6395 EAS
392
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’’.
† HR 6395 EAS
393
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.
† HR 6395 EAS
394
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’’.
† HR 6395 EAS
395
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
† HR 6395 EAS
396
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)’’.
† HR 6395 EAS
397
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.’’.
† HR 6395 EAS
398
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,’’;
† HR 6395 EAS
399
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:
† HR 6395 EAS
400
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-
† HR 6395 EAS
401
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
† HR 6395 EAS
402
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
† HR 6395 EAS
403
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
† HR 6395 EAS
404
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
† HR 6395 EAS
405
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.’’.
† HR 6395 EAS
406
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)’’.
† HR 6395 EAS
407
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
† HR 6395 EAS
408
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.
† HR 6395 EAS
409
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
† HR 6395 EAS
410
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
† HR 6395 EAS
411
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
† HR 6395 EAS
412
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.
† HR 6395 EAS
413
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.
† HR 6395 EAS
414
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
415
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.
† HR 6395 EAS
416
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.
† HR 6395 EAS
417
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.
† HR 6395 EAS
418
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.
† HR 6395 EAS
419
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
420
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.—
† HR 6395 EAS
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
422
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,
† HR 6395 EAS
423
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
† HR 6395 EAS
424
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
† HR 6395 EAS
425
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
† HR 6395 EAS
426
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’’.
† HR 6395 EAS
427
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’’).
† HR 6395 EAS
428
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.
† HR 6395 EAS
429
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—
† HR 6395 EAS
430
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
† HR 6395 EAS
431
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
432
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
† HR 6395 EAS
433
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
434
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-
† HR 6395 EAS
435
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
436
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:
† HR 6395 EAS
437
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-
† HR 6395 EAS
438
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.
† HR 6395 EAS
439
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—
† HR 6395 EAS
440
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
† HR 6395 EAS
441
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.
† HR 6395 EAS
442
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
443
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;
† HR 6395 EAS
444
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.
† HR 6395 EAS
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:
† HR 6395 EAS
446
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
† HR 6395 EAS
447
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-
† HR 6395 EAS
448
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.
† HR 6395 EAS
449
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
† HR 6395 EAS
450
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-
† HR 6395 EAS
451
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;
† HR 6395 EAS
452
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:
† HR 6395 EAS
453
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.
† HR 6395 EAS
454
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-
† HR 6395 EAS
455
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.
† HR 6395 EAS
456
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
† HR 6395 EAS
457
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
† HR 6395 EAS
458
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-
† HR 6395 EAS
459
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
† HR 6395 EAS
460
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.
† HR 6395 EAS
461
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’’.
† HR 6395 EAS
462
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
463
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.’’.
† HR 6395 EAS
464
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’’;
† HR 6395 EAS
465
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’’;
† HR 6395 EAS
466
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
† HR 6395 EAS
467
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)—
† HR 6395 EAS
468
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.—
† HR 6395 EAS
469
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
470
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.
† HR 6395 EAS
471
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
472
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
473
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.
† HR 6395 EAS
474
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
475
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
476
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
477
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
478
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).
† HR 6395 EAS
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).
† HR 6395 EAS
483
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.
† HR 6395 EAS
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
† HR 6395 EAS
492
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;
† HR 6395 EAS
493
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-
† HR 6395 EAS
494
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;
† HR 6395 EAS
495
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;
† HR 6395 EAS
496
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
† HR 6395 EAS
497
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
† HR 6395 EAS
498
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.
† HR 6395 EAS
499
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-
† HR 6395 EAS
500
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
† HR 6395 EAS
501
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
† HR 6395 EAS
502
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
† HR 6395 EAS
503
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
† HR 6395 EAS
504
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.
† HR 6395 EAS
505
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.
† HR 6395 EAS
506
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
507
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
† HR 6395 EAS
508
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’’;
† HR 6395 EAS
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
† HR 6395 EAS
510
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.’’.
† HR 6395 EAS
511
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.
† HR 6395 EAS
512
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
† HR 6395 EAS
513
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
† HR 6395 EAS
514
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-
† HR 6395 EAS
515
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:
† HR 6395 EAS
516
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.
† HR 6395 EAS
517
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.’’.
† HR 6395 EAS
518
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.’’.
† HR 6395 EAS
519
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,
† HR 6395 EAS
520
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
† HR 6395 EAS
521
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—
† HR 6395 EAS
522
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;
† HR 6395 EAS
523
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
524
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
525
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
526
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
527
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
528
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
529
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
† HR 6395 EAS
531
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
532
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
534
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
† HR 6395 EAS
539
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—
† HR 6395 EAS
540
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
541
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:
† HR 6395 EAS
542
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.
† HR 6395 EAS
543
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
544
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.
† HR 6395 EAS
545
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
† HR 6395 EAS
546
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-
† HR 6395 EAS
547
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.
† HR 6395 EAS
548
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
549
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.
† HR 6395 EAS
550
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.
† HR 6395 EAS
551
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
552
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
555
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:
† HR 6395 EAS
556
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
557
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
558
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;
† HR 6395 EAS
561
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
† HR 6395 EAS
562
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).
† HR 6395 EAS
563
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’’;
† HR 6395 EAS
564
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.—
† HR 6395 EAS
565
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).
† HR 6395 EAS
566
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.
† HR 6395 EAS
567
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
568
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
569
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
† HR 6395 EAS
570
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
571
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
572
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
573
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).
† HR 6395 EAS
574
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).
† HR 6395 EAS
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’’;
† HR 6395 EAS
583
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)
† HR 6395 EAS
584
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
† HR 6395 EAS
585
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
† HR 6395 EAS
586
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’—
† HR 6395 EAS
587
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-
† HR 6395 EAS
588
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)—
† HR 6395 EAS
589
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)—
† HR 6395 EAS
590
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).
† HR 6395 EAS
591
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—
† HR 6395 EAS
592
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.
† HR 6395 EAS
593
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:
† HR 6395 EAS
594
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:
† HR 6395 EAS
595
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.
† HR 6395 EAS
596
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;
† HR 6395 EAS
597
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
† HR 6395 EAS
598
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’’;
† HR 6395 EAS
599
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
† HR 6395 EAS
600
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
† HR 6395 EAS
601
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
† HR 6395 EAS
602
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—
† HR 6395 EAS
603
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.—
† HR 6395 EAS
604
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.
† HR 6395 EAS
605
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:
† HR 6395 EAS
606
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—
† HR 6395 EAS
607
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
† HR 6395 EAS
608
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
† HR 6395 EAS
609
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
† HR 6395 EAS
610
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’’.
† HR 6395 EAS
611
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’’;
† HR 6395 EAS
612
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’’;
† HR 6395 EAS
613
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:
† HR 6395 EAS
614
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.
† HR 6395 EAS
615
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’’.
† HR 6395 EAS
616
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)
† HR 6395 EAS
617
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
† HR 6395 EAS
618
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’’.
† HR 6395 EAS
619
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
† HR 6395 EAS
620
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)—
† HR 6395 EAS
621
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’’.
† HR 6395 EAS
622
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:
† HR 6395 EAS
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’’;
† HR 6395 EAS
624
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’’.
† HR 6395 EAS
625
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:
† HR 6395 EAS
626
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’’.
† HR 6395 EAS
627
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—
† HR 6395 EAS
628
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
† HR 6395 EAS
629
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—
† HR 6395 EAS
630
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—
† HR 6395 EAS
631
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.
† HR 6395 EAS
632
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.
† HR 6395 EAS
633
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).
† HR 6395 EAS
634
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).
† HR 6395 EAS
635
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).
† HR 6395 EAS
636
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.
† HR 6395 EAS
637
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’’;
† HR 6395 EAS
638
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:
† HR 6395 EAS
639
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
640
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’’.
† HR 6395 EAS
641
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
† HR 6395 EAS
642
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’’.
† HR 6395 EAS
643
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’’.
† HR 6395 EAS
644
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
† HR 6395 EAS
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)—
† HR 6395 EAS
646
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-
† HR 6395 EAS
647
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.—
† HR 6395 EAS
648
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’’.
† HR 6395 EAS
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,’’.
† HR 6395 EAS
650
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—
† HR 6395 EAS
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.
† HR 6395 EAS
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.—
† HR 6395 EAS
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.—
† HR 6395 EAS
654
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.’’.
† HR 6395 EAS
655
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
Full text truncated for size; the complete document is in the PDF above.File and source
- File
- BILLS_bills-116hr6395eas_bills-116hr6395eas.pdf
- Size
- 2,391,684 bytes
- SHA-256
- 704804d3e8f5a2d12e1be6a8b68887e8376079c36aa31012e9bc36c93665ebf6
- Original
- www.govinfo.gov