S. 4049, Act To Authorize Appropriations for Fiscal Year 2021 for Military Activities of the Department of Defense
Summary
S. 4049 is an Act to authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military construction, and for defense activities, to prescribe military personnel strengths for such fiscal year, and for other purposes. Section 2 states that the Act is organized into six divisions, beginning with Division A on Department of Defense Authorizations and ending with Division F, the Intelligence Authorization Act for Fiscal Year 2021. The table of contents for Division A, Title I on procurement, lists Army programs, Navy programs including contract authority for the Columbia-class submarine program, and Air Force programs.
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“S. 4049, Act To Authorize Appropriations for Fiscal Year 2021 for Military Activities of the Department of Defense.”
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116TH CONGRESS
2D SESSION
S. 4049
AN ACT
To authorize appropriations for fiscal year 2021 for military
activities of the Department of Defense, for military
construction, and for defense activities of the Depart-
ment of Energy, to prescribe military personnel strengths
for such fiscal year, and for other purposes.
2
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘National Defense Au-
5 thorization Act for Fiscal Year 2021’’.
6 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
7 CONTENTS.
8 (a) DIVISIONS.—This Act is organized into six divi-
9 sions as follows:
10 (1) Division A—Department of Defense Au-
11 thorizations.
12 (2) Division B—Military Construction Author-
13 izations.
14 (3) Division C—Department of Energy Na-
15 tional Security Authorizations and Other Authoriza-
16 tions.
17 (4) Division D—Funding Tables.
18 (5) Division E—Additional Provisions.
19 (6) Division F—Intelligence Authorization Act
20 for Fiscal Year 2021.
21 (b) TABLE OF CONTENTS.—The table of contents for
22 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
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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 ca-
pability.
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 pro-
grams.
Sec. 125. Fighter force structure acquisition strategy.
Sec. 126. Treatment of systems added by Congress in future President’s budget
requests.
Sec. 127. Report on carrier wing composition.
Sec. 128. Report on strategy to use ALQ–249 Next Generation Jammer to en-
sure 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 limita-
tions.
Sec. 152. Analysis of requirements and Advanced Battle Management System
capabilities.
Sec. 153. Studies on measures to assess cost-per-effect for key mission areas.
Sec. 154. Plan for operational test and utility evaluation of systems for Low-
Cost Attributable Aircraft Technology program.
Sec. 155. Prohibition on retirement or divestment of A–10 aircraft.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 171. Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air
Force: annual plan and certification.
Sec. 172. Authority to use F–35 aircraft withheld from delivery to Government
of Turkey.
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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
roadmap for United States Special Operations Command.
Sec. 181. Requirement to accelerate the fielding and development of counter
unmanned aerial systems across the joint force.
Sec. 182. Joint All Domain Command and Control requirements.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Designation and activities of senior officials for critical technology
areas supportive of the National Defense Strategy.
Sec. 212. Governance of fifth-generation wireless networking in the Department
of Defense.
Sec. 213. Application of artificial intelligence to the defense reform pillar of the
National Defense Strategy.
Sec. 214. Extension of authorities to enhance innovation at Department of De-
fense laboratories.
Sec. 215. Updates to Defense Quantum Information Science and Technology
Research and Development program.
Sec. 216. Program of part-time and term employment at Department of De-
fense 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
technology to support water sustainment.
Sec. 219. Development and testing of hypersonic capabilities.
Sec. 220. Disclosure requirements for recipients of Department of Defense re-
search and development grants.
Subtitle C—Plans, Reports, and Other Matters
Sec. 231. Assessment on United States national security emerging bio-
technology efforts and capabilities and comparison with adver-
saries.
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.
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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 re-
porting 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-di-
mensional bioprinting in support of the warfighter.
Sec. 242. Element in annual reports on cyber science and technology activities
on work with academic consortia on high priority cybersecurity
research activities in Department of Defense capabilities.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Modifications and technical corrections to ensure restoration of con-
tamination by perfluorooctane sulfonate and perfluorooctanoic
acid.
Sec. 312. Readiness and Environmental Protection Integration Program tech-
nical 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 pol-
lution or debris from the Tijuana River on personnel, activities,
and installations of Department of Defense.
Sec. 322. Increase in funding for study by Centers for Disease Control and
Prevention relating to perfluoroalkyl and polyfluoroalkyl sub-
stance contamination in drinking water.
Subtitle C—Logistics and Sustainment
Sec. 331. Repeal of statutory requirement for notification to Director of De-
fense Logistics Agency three years prior to implementing
changes to any uniform or uniform component.
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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 instal-
lations.
Sec. 353. Report on implementation by Department of Defense of requirements
relating to renewable fuel pumps.
Sec. 354. Report on effects of extreme weather on Department of Defense.
Subtitle E—Other Matters
Sec. 371. Prohibition on divestiture of manned intelligence, surveillance, and re-
connaissance aircraft operated by United States Special Oper-
ations Command.
Sec. 372. Information on overseas construction projects in support of contin-
gency 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 inves-
tigations.
Sec. 375. Repeal of sunset for minimum annual purchase amount for carriers
participating in the Civil Reserve Air Fleet.
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
terrorist attacks on installations of Department of Defense.
Sec. 381. Clarification of food ingredient requirements for food or beverages
provided by the Department of Defense.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
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Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 415. Separate authorization by Congress of minimum end strengths for
non-temporary military technicians (dual status) and maximum
end strengths for temporary military technicians (dual status).
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Repeal of codified specification of authorized strengths of certain
commissioned officers on active duty.
Sec. 502. Temporary expansion of availability of enhanced constructive service
credit in a particular career field upon original appointment as
a commissioned officer.
Sec. 503. Requirement for promotion selection board recommendation of higher
placement on promotion list of officers of particular merit.
Sec. 504. Special selection review boards for review of promotion of officers
subject to adverse information identified after recommendation
for promotion and related matters.
Sec. 505. Number of opportunities for consideration for promotion under 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.
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 mem-
bers who are victims of sexual assault or related offenses.
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Sec. 522. Defense Advisory Committee for the Prevention of Sexual Mis-
conduct.
Sec. 523. Report on ability of Sexual Assault Response Coordinators and Sex-
ual Assault Prevention and Response Victim Advocates to per-
form 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
Department.
Sec. 526. Safe-to-report policy applicable across the Armed Forces.
Sec. 527. Additional bases for provision of advice by the Defense Advisory
Committee for the Prevention of Sexual Misconduct.
Sec. 528. Additional matters for reports of the Defense Advisory Committee for
the Prevention of Sexual Misconduct.
Sec. 529. Policy on separation of victim and accused at military service acad-
emies and degree-granting military educational institutions.
Sec. 530. Briefing on placement of members of the Armed Forces in academic
status who are victims of sexual assault onto Non-Rated Peri-
ods.
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.
Sec. 534. Comptroller General of the United States report on implementation
by the Armed Forces of recent GAO recommendations and
statutory requirements on assessment of racial, ethnic, and
gender disparities in the military justice system.
Sec. 535. Briefing on mental health support for vicarious trauma for certain
personnel in the military justice system.
Sec. 536. Guardian ad litem program for minor dependents of members of the
Armed Forces.
Subtitle E—Member Education, Training, Transition, and Resilience
Sec. 541. Training on religious accommodation for members of the Armed
Forces.
Sec. 542. Additional elements with 2021 certifications on the Ready, Relevant
Learning initiative of the Navy.
Sec. 543. Report on standardization and potential merger of law enforcement
training for military and civilian personnel across the 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
academies.
Sec. 546. Pilot programs in connection with Senior Reserve Officers’ Training
Corps units at Historically Black Colleges and Universities and
minority institutions.
Sec. 547. Expansion of Junior Reserve Officers’ Training Corps Program.
Sec. 548. Department of Defense STARBASE Program.
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Subtitle F—Decorations and Awards
Sec. 551. Award or presentation of decorations favorably recommended fol-
lowing determination on merits of proposals for decorations not
previously submitted in a timely fashion.
Sec. 552. Honorary promotion matters.
Subtitle G—Defense Dependents’ Education and Military Family Readiness
Matters
PART I—DEFENSE DEPENDENTS’ EDUCATION MATTERS
Sec. 561. Continuation of authority to assist local educational agencies that
benefit dependents of members of the Armed Forces and De-
partment of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Staffing of Department of Defense Education Activity schools to
maintain maximum student-to-teacher ratios.
Sec. 564. Matters in connection with free appropriate public education for de-
pendents of members of the Armed Forces with special needs.
Sec. 565. Pilot program on expanded eligibility for Department of Defense
Education Activity Virtual High School program.
Sec. 566. Pilot program on expansion of eligibility for enrollment at domestic
dependent elementary and secondary schools.
Sec. 567. Comptroller General of the United States report on the structural
condition of Department of Defense Education Activity schools.
PART II—MILITARY FAMILY READINESS MATTERS
Sec. 571. Responsibility for allocation of certain funds for military child devel-
opment programs.
Sec. 572. Improvements to Exceptional Family Member Program.
Sec. 573. Procedures of the Office of Special Needs for the development of indi-
vidualized services plans for military families with special
needs.
Sec. 574. Restatement and clarification of authority to reimburse members for
spouse relicensing costs pursuant to a permanent change of
station.
Sec. 575. Improvements to Department of Defense tracking of and response to
incidents of child abuse involving military dependents on mili-
tary 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
persons from investigative reports, the Department of Defense
Central Index of Investigations, and other records and data-
bases.
Sec. 587. National emergency exception for timing requirements with respect to
certain surveys of members of the Armed Forces.
Sec. 588. Sunset and transfer of functions of the Physical Disability Board of
Review.
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Sec. 589. Extension of reporting deadline for the annual report on the assess-
ment of the effectiveness of activities of the federal voting as-
sistance program.
Sec. 590. 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.
Sec. 591. Plan on performance of funeral honors details by members of other
Armed Forces when members of the Armed Force of the de-
ceased 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 vet-
erans on national security, foreign policy, and economic and
humanitarian interests of the United States.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Reorganization of certain allowances other than travel and 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 profes-
sions.
Subtitle C—Disability Pay, Retired Pay, and Survivor Benefits
Sec. 621. Inclusion of drill or training foregone due to emergency travel or duty
restrictions in computations of entitlement to and amounts of
retired pay for non-regular service.
Sec. 622. Modernization and clarification of payment of certain Reserves while
on duty.
Sec. 623. Relief of Richard W. Collins III.
Subtitle D—Other Matters
Sec. 631. Permanent authority for and enhancement of the Government lodging
program.
Sec. 632. Approval of certain activities by retired and reserve members of the
uniformed services.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Authority for Secretary of Defense to manage provider type referral
and supervision requirements under TRICARE program.
Sec. 702. Removal of Christian Science providers as authorized providers under
the TRICARE program.
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Sec. 703. Waiver of fees charged to certain civilians for emergency medical
treatment provided at military medical treatment facilities.
Sec. 704. Mental health resources for members of the Armed Forces and their
dependents during the COVID–19 pandemic.
Sec. 705. Transitional health benefits for certain members of the National
Guard serving under orders in response to the coronavirus
(COVID–19).
Sec. 706. Extramedical maternal health providers demonstration project.
Sec. 707. Pilot program on receipt of non-generic prescription maintenance
medications under TRICARE pharmacy benefits program.
Subtitle B—Health Care Administration
Sec. 721. Modifications to transfer of Army Medical Research and Development
Command and public health commands to Defense Health
Agency.
Sec. 722. Delay of applicability of administration of TRICARE dental plans
through Federal Employees Dental and Vision Insurance 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
capacity of National Disaster Medical System.
Sec. 745. Study on force mix options and service models to enhance readiness
of medical force of the Armed Forces to provide combat cas-
ualty care.
Sec. 746. Comptroller General study on delivery of mental health services to
members of the reserve components of the Armed Forces.
Sec. 747. Review and report on prevention of suicide among members of the
Armed Forces stationed at remote installations outside the 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 De-
fense.
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
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Sec. 761. Short title.
Sec. 762. Expansion of eligibility for readjustment counseling and related out-
patient services from Department of Veterans Affairs to in-
clude members of reserve components of the Armed Forces.
Sec. 763. Provision of mental health services from Department of Veterans Af-
fairs to members of reserve components of the Armed Forces.
Sec. 764. Inclusion of members of reserve components in mental health pro-
grams 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
ensure 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.
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 sat-
ellites.
Sec. 814. Modification to small purchase threshold exception to sourcing re-
quirements for certain articles.
Subtitle B—Acquisition Policy and Management
Sec. 831. Report on acquisition risk assessment and mitigation as part of
Adaptive Acquisition Framework implementation.
Sec. 832. Comptroller General report on implementation of software acquisition
reforms.
Subtitle C—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 841. Authority to acquire innovative commercial products and services
using general solicitation competitive procedures.
Sec. 842. Truth in Negotiations Act threshold for Department of Defense con-
tracts.
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Sec. 843. Revision of proof required when using an evaluation factor for de-
fense contractors employing or subcontracting with members of
the selected reserve of the reserve components of the Armed
Forces.
Sec. 844. Contract authority for advanced development of initial or additional
prototype units.
Sec. 845. Definition of business system deficiencies for contractor business sys-
tems.
Sec. 846. Repeal of pilot program on payment of costs for denied Government
Accountability Office bid protests.
Subtitle D—Provisions Relating to Major Defense Acquisition Programs
Sec. 861. Implementation of modular open systems architecture requirements.
Sec. 862. Sustainment reviews.
Sec. 863. Recommendations for future direct selections.
Sec. 864. Disclosures for certain shipbuilding major defense acquisition pro-
gram offers.
Subtitle E—Small Business Matters
Sec. 871. Prompt payment of contractors.
Sec. 872. Extension of pilot program for streamlined awards for innovative
technology programs.
Sec. 873. Reporting requirements.
Subtitle F—Provisions Related to Software-Driven Capabilities
Sec. 881. Inclusion of software in government performance of acquisition 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.
Subtitle G—Other Matters
Sec. 891. Safeguarding defense-sensitive United States intellectual property,
technology, and other data and information.
Sec. 892. Domestic comparative testing activities.
Sec. 893. Repeal of apprenticeship program.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Assistant Secretary of Defense for Special Operations and Low 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 iden-
tify, 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.
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14
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 Depart-
ment of Defense.
Sec. 912. Report on assignment of responsibilities, duties, and authorities of
Chief Management Officer to other officers or employees of the
Department of Defense.
Sec. 913. Performance Improvement Officer of the Department of Defense.
Sec. 914. Assignment of certain responsibilities and duties to particular officers
of the Department of Defense.
Sec. 915. Assignment of responsibilities and duties of Chief Management Offi-
cer to officers or employees of the Department of Defense to
be designated.
Sec. 916. Definition of enterprise business operations for title 10, United
States Code.
Sec. 917. Annual report on enterprise business operations of the Department
of Defense.
Sec. 918. Conforming amendments.
Subtitle C—Space Force Matters
PART I—AMENDMENTS TO INTEGRATE THE SPACE FORCE INTO LAW
Sec. 931. Clarification of Space Force and Chief of Space Operations authori-
ties.
Sec. 931A. Office of the Chief of Space Operations.
Sec. 932. Amendments to Department of the Air Force provisions in title 10,
United States Code.
Sec. 933. Amendments to other provisions of title 10, United States Code.
Sec. 934. Amendments to provisions of law relating to pay and allowances.
Sec. 935. Amendments relating to provisions of law on veterans’ benefits.
Sec. 936. Amendments to other provisions of the United States Code.
Sec. 937. Applicability to other provisions of law.
PART II—OTHER MATTERS
Sec. 941. Matters relating to reserve components for the Space Force.
Sec. 942. Transfers of military and civilian personnel to the Space Force.
Sec. 943. Limitation on transfer of military installations to the jurisdiction of
the Space Force.
Sec. 944. Clarification of procurement of commercial satellite communications
services.
Sec. 945. Temporary exemption from authorized daily average of members in
pay grades E–8 and E–9.
Sec. 946. Application of acquisition demonstration project to Department of the
Air Force employees assigned to acquisition positions within
the Space Force.
Sec. 947. Air and Space Force Medal.
Subtitle D—Organization and Management of Other Department of Defense
Offices and Elements
Sec. 951. Annual report on establishment of field operating agencies.
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Sec. 952. Briefing on assignment of members of the Armed Forces on active
duty to the Joint Artificial Intelligence Center of the Depart-
ment 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 Depart-
ment of Defense of unqualified audit opinions on the financial
statements.
Subtitle B—Counterdrug Activities
Sec. 1011. Codification of authority for joint task forces of the Department of
Defense to support law enforcement agencies conducting
counterterrorism or counter-transnational organized crime ac-
tivities.
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 ship-
yards.
Sec. 1023. Modification of waiver authority on prohibition on use of funds for
retirement of certain legacy maritime mine countermeasure
platforms.
Sec. 1024. Extension of authority for reimbursement of expenses for certain
Navy mess operations afloat.
Sec. 1025. Sense of Congress on actions necessary to achieve a 355-ship Navy.
Subtitle D—Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station, Guanta-
namo Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to close or relinquish con-
trol of United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Extension of prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station, Guanta-
namo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to construct or modify fa-
cilities 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 dona-
tion of excess personal property of the Department of Defense.
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Sec. 1042. Expenditure of funds for Department of Defense clandestine activi-
ties 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 archi-
tecture 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 mili-
tary installations.
Sec. 1049. Inclusion of United States Naval Sea Cadet Corps among youth and
charitable organizations authorized to receive assistance from
the National Guard.
Sec. 1050. Department of Defense policy for the regulation of dangerous dogs.
Sec. 1051. Sense of Congress on the basing of KC–46A aircraft outside the
contiguous United States.
Sec. 1052. Efficient use of sensitive compartmented information facilities.
Sec. 1053. Assistance for farmer and rancher stress and mental health of indi-
viduals 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 ac-
tive 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.
Sec. 1067. Report on round-the-clock availability of childcare for members of
the Armed Forces and civilian employees of the Department of
Defense who work rotating shifts.
Subtitle G—Other Matters
Sec. 1081. Department of Defense strategic Arctic ports.
Sec. 1082. Personal protective equipment matters.
Sec. 1083. Estimate of damages from Federal Communications Commission
Order 20–48.
Sec. 1084. Modernization effort.
Sec. 1085. Sense of Senate on Gold Star Families Remembrance Week.
Sec. 1086. Continuity of the Economy Plan.
Sec. 1087. Improving the authority for operations of unmanned aircraft for
educational purposes.
Sec. 1088. Requirement to post a 100 word summary to regulations.gov.
Sec. 1089. Modification of licensure requirements for health care professionals
providing treatment via telemedicine.
Sec. 1090. Restrictions on Confucius Institutes.
Sec. 1090A. Additional care for newborn children of veterans.
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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 micro-
electronics 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 posi-
tions in the science and technology reinvention laboratories of
the Department of Defense.
Sec. 1103. Extension of enhanced appointment and compensation authority for
civilian personnel for care and treatment of wounded and in-
jured members of the Armed Forces.
Sec. 1104. Extension of overtime rate authority for Department of the Navy
employees performing work aboard or dockside in support of
the nuclear-powered aircraft carrier forward deployed in Japan.
Sec. 1105. Expansion of direct hire authority for certain Department of De-
fense personnel to include installation military housing office
positions supervising privatized military housing.
Sec. 1106. Extension of sunset of inapplicability of certification of executive
qualifications by qualification certification review board of Of-
fice of Personnel Management for initial appointments to Sen-
ior 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 re-
mote 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.
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Sec. 1110B. Report by Comptroller General of the United States on diversity
and inclusion within the civilian workforce of the Department
of Defense.
Subtitle B—Government-Wide Matters
Sec. 1111. One-year extension of temporary authority to grant allowances, ben-
efits, 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
operations 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 cer-
tain coalition nations for support provided to United States
military operations.
Sec. 1212. Extension and modification of Commanders’ Emergency Response
Program.
Sec. 1213. Extension and modification of support for reconciliation activities
led by the Government of Afghanistan.
Sec. 1214. Sense of Senate on special immigrant visa program for Afghan al-
lies.
Sec. 1215. Sense of Senate and report on United States presence in Afghani-
stan.
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 vet-
ted Syrian groups and individuals.
Sec. 1223. Extension and modification of authority to support operations and
activities of the Office of Security Cooperation in Iraq.
Subtitle D—Matters Relating to Europe and the Russian Federation
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Sec. 1231. Extension of limitation on military cooperation between the United
States and the Russian Federation.
Sec. 1232. Prohibition on availability of funds relating to sovereignty of the
Russian Federation over Crimea.
Sec. 1233. Modification and extension of Ukraine Security Assistance Initiative.
Sec. 1234. Report on capability and capacity requirements of military forces of
Ukraine and resource plan for security assistance.
Sec. 1235. Sense of Senate on North Atlantic Treaty Organization enhanced
opportunities partner status for Ukraine.
Sec. 1236. Extension of authority for training for Eastern European national
security forces in the course of multilateral exercises.
Sec. 1237. Sense of Senate on Kosovo and the role of the Kosovo Force of the
North Atlantic Treaty Organization.
Sec. 1238. Sense of Senate on strategic competition with the Russian Federa-
tion and related activities of the Department of Defense.
Sec. 1239. Report on Russian Federation support of racially and ethnically mo-
tivated 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
security of Baltic allies.
Subtitle E—Matters Relating to the Indo-Pacific Region
Sec. 1251. Pacific Deterrence Initiative.
Sec. 1252. Sense of Senate on the United States-Vietnam defense relationship.
Sec. 1253. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1254. Cooperative program with Vietnam to account for Vietnamese 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 pro-
gram.
Sec. 1257. Training of ally and partner air forces in Guam.
Sec. 1258. Statement of policy and sense of Senate on the Taiwan Relations
Act.
Sec. 1259. Sense of Congress on port calls in Taiwan with the USNS Comfort
and the USNS Mercy .
Sec. 1260. Limitation on use of funds to reduce total number of members of
the Armed Forces serving on active duty who are deployed to
the Republic of Korea.
Sec. 1261. Sense of Congress on co-development with Japan of a long-range
ground-based anti-ship cruise missile system.
Sec. 1262. Statement of policy on cooperation in the Indo-Pacific region.
Sec. 1263. Extension of prohibition on commercial export of certain munitions
to the Hong Kong Police Force.
Sec. 1264. Implementation of the Asia Reassurance Initiative Act with regard
to Taiwan arms sales.
Subtitle F—Reports
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Sec. 1271. Review of and report on overdue acquisition and cross-servicing
agreement transactions.
Sec. 1272. Report on burden sharing contributions by designated countries.
Sec. 1273. Report on risk to personnel, equipment, and operations due to
Huawei 5G architecture in host countries.
Sec. 1274. Allied burden sharing report.
Subtitle G—Other Matters
Sec. 1281. Reciprocal patient movement agreements.
Sec. 1282. Extension of authorization of non-conventional assisted recovery ca-
pabilities.
Sec. 1283. Extension of Department of Defense support for stabilization activi-
ties 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 Work-
ing 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
Reduction Program.
TITLE XIV—OTHER AUTHORIZATIONS
Subtitle A—Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B—Armed Forces Retirement Home
Sec. 1411. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1412. Periodic inspections of Armed Forces Retirement Home facilities by
nationally recognized accrediting organization.
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Sec. 1413. Expansion of eligibility for residence at the Armed Forces Retire-
ment Home.
Subtitle C—Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of Defense-De-
partment of Veterans Affairs Medical Facility Demonstration
Fund for Captain James A. Lovell Health Care Center, Illi-
nois.
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.
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.
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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 architec-
tures 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 Ad-
dress Translation in Department of Defense networks.
Sec. 1620. Matters concerning the College of Information and Cyberspace at
National Defense University.
Sec. 1621. Modification of mission of cyber command and assignment of cyber
operations forces.
Sec. 1622. Integration of Department of Defense user activity monitoring and
cybersecurity.
Sec. 1623. Defense industrial base cybersecurity sensor architecture plan.
Sec. 1624. Extension of Cyberspace Solarium Commission to track and assess
implementation.
Sec. 1625. Review of regulations and promulgation of guidance relating to 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 alloca-
tion.
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.
Sec. 1635. Expansion of authority for access and information relating to cyber
attacks on operationally critical contractors of the Armed
Forces.
Sec. 1636. Requirements for review of and limitations on the Joint Regional
Security Stacks activity.
Sec. 1637. Independent assessment of establishment of a National Cyber Direc-
tor.
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.
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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 Na-
tional Nuclear Security Administration budget.
Sec. 1653. Modification of Government Accountability Office review of annual
reports on nuclear weapons enterprise.
Sec. 1654. Prohibition on reduction of the intercontinental ballistic missiles of
the United States.
Sec. 1655. Sense of the Senate on nuclear cooperation between the United
States and the United Kingdom.
Subtitle D—Missile Defense Programs
Sec. 1661. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1662. Acceleration of the deployment of hypersonic and ballistic tracking
space sensor payload.
Sec. 1663. Extension of prohibition relating to missile defense information and
systems.
Sec. 1664. Report on and limitation on expenditure of funds for layered home-
land missile defense system.
Sec. 1665. Extension of requirement for Comptroller General review and as-
sessment of missile defense acquisition programs.
Sec. 1666. Repeal of requirement for reporting structure of Missile Defense
Agency.
Sec. 1667. Ground-based midcourse defense interim capability.
TITLE XVII—HONG KONG AUTONOMY ACT
Sec. 1701. Short title.
Sec. 1702. Definitions.
Sec. 1703. Findings.
Sec. 1704. Sense of Congress regarding Hong Kong.
Sec. 1705. Identification of foreign persons involved in the erosion of the obli-
gations of China under the Joint Declaration or the Basic Law
and foreign financial institutions that conduct significant
transactions with those persons.
Sec. 1706. Sanctions with respect to foreign persons that contravene the 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
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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.
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
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Sec. 2601. Authorized Army National Guard construction and land acquisition
projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition
projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition
projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out fiscal year 2020 project in
Alabama.
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and closure ac-
tivities funded through Department of Defense Base Closure
Account.
Sec. 2702. Prohibition on conducting additional base realignment and closure
(BRAC) round.
Sec. 2703. Plan to finish remediation activities conducted by the Secretary of
the Army in Umatilla, Oregon.
TITLE XXVIII—MILITARY CONSTRUCTION AND GENERAL
PROVISIONS
Subtitle A—Military Construction Program
Sec. 2801. Responsibility of Navy for military construction requirements for
certain Fleet Readiness Centers.
Sec. 2802. Construction of ground-based strategic deterrent launch facilities
and launch centers for Air Force.
Subtitle B—Military Family Housing
Sec. 2821. Prohibition on substandard family housing units.
Sec. 2822. Technical corrections to privatized military housing program.
Sec. 2823. Requirement that Secretary of Defense implement recommendations
relating to military family housing contained in report by In-
spector General of Department of Defense.
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
reservation.
Sec. 2862. Renewal of Nevada Test and Training Range land withdrawal and
reservation.
Sec. 2863. Transfer of land under the administrative jurisdiction of the Depart-
ment of the Interior within Naval Support Activity Panama
City, Florida.
Sec. 2864. Land conveyance, Camp Navajo, Arizona.
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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 exist-
ing bases under the European Consolidation Initiative.
Sec. 2884. Enhancement of authority to accept conditional gifts of real prop-
erty on behalf of military museums.
Sec. 2885. Equal treatment of insured depository institutions and credit unions
operating on military installations.
Sec. 2886. Report on operational aviation units impacted by noise restrictions
or noise mitigation measures.
Sec. 2887. Transfer of funds for Oklahoma City national memorial endowment
fund.
TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY
CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition projects.
Sec. 2903. Authorization of appropriations.
Sec. 2904. Replenishment of certain military constructions funds.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B—Budget of the National Nuclear Security Administration
Sec. 3111. Review of adequacy of nuclear weapons budget.
Subtitle C—Personnel Matters
Sec. 3121. National Nuclear Security Administration Personnel System.
Sec. 3122. Inclusion of certain employees and contractors of Department of
Energy in definition of public safety officer for purposes of cer-
tain death benefits.
Sec. 3123. Reimbursement for liability insurance for nuclear materials couriers.
Sec. 3124. Transportation and moving expenses for immediate family of de-
ceased nuclear materials couriers.
Sec. 3125. Extension of authority for appointment of certain scientific, engi-
neering, and technical personnel.
Subtitle D—Cybersecurity
Sec. 3131. Reporting on penetrations of networks of contractors and sub-
contractors.
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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 Nu-
clear Security Administration.
Sec. 3157. Application of requirement for independent cost estimates and re-
views to new nuclear weapon systems.
Sec. 3158. Extension and expansion of limitations on importation of uranium
from Russian Federation.
Sec. 3159. Integration of stockpile stewardship and nonproliferation missions.
Sec. 3160. Technology development and integration program.
Sec. 3161. Advanced manufacturing development program.
Sec. 3162. Materials science program.
Sec. 3163. Modifications to Inertial Confinement Fusion Ignition and High
Yield Program.
Sec. 3164. Earned value management program for life extension programs.
Sec. 3165. Use of high performance computing capabilities for COVID–19 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
uranium from Russian Federation.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear Facilities
Safety Board.
Sec. 3203. Improvements to operations of Defense Nuclear Facilities Safety
Board.
TITLE XXXV—MARITIME ADMINISTRATION
Sec. 3501. Maritime Administration.
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DIVISION D—FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI—PROCUREMENT
Sec. 4101. PROCUREMENT.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas contingency
operations.
TITLE XLIII—OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency operations.
TITLE XLIV—MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E—ADDITIONAL PROVISIONS
TITLE LI—PROCUREMENT
Subtitle B—Army Programs
Sec. 5111. Report on CH–47F Chinook Block–II upgrade.
Subtitle C—Navy Programs
Sec. 5121. Limitation on alteration of Navy fleet mix.
TITLE LII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 5211. Importance of historically Black colleges and universities and minor-
ity-serving institutions.
Subtitle C—Sustainable Chemistry
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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 cybersecu-
rity 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 agree-
ments for installation-support services.
Subtitle D—Reports
Sec. 5351. Report on non-permissive, global positioning system denied airfield
capabilities.
Subtitle E—Other Matters
Sec. 5371. Increase of amounts available to Marine Corps for base operations
and support.
Sec. 5372. Modernization of congressional reports process.
TITLE LV—MILITARY PERSONNEL POLICY
Subtitle C—General Service Authorities
Sec. 5516. Report on implementation of recommendations of the Comptroller
General of the United States on recruitment and retention of
female members of the Armed Forces.
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Subtitle F—Decorations and Awards
Sec. 5551. Report on regulations and procedures to implement programs on
award of medals or commendations to handlers of military
working dogs.
Subtitle G—Defense Dependents’ Education and Military Family Readiness
Matters
PART II—MILITARY FAMILY READINESS MATTERS
Sec. 5571. Independent study and report on military spouse underemployment.
Subtitle H—Other Matters
Sec. 5586. Questions regarding racism, anti-Semitism, and supremacism in
workplace surveys administered by the Secretary of Defense.
Sec. 5587. Briefing on the implementation of requirements on connections of
retiring and separating members of the Armed Forces with
community-based organizations and related entities.
Sec. 5590. Pilot programs on remote provision by National Guard to State 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.
Subtitle C—Reports and Other Matters
Sec. 5741. Study and report on surge capacity of Department of Defense to es-
tablish negative air room containment systems in military med-
ical treatment facilities.
TITLE LVIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,
AND RELATED MATTERS
Subtitle A—Industrial Base Matters
Sec. 5801. Report on use of domestic nonavailability determinations.
Sec. 5802. Report on the effect of the Defense Manufacturing Communities
Support Program on the defense supply chain.
Sec. 5803. Improving implementation of policy pertaining to the national 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
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Sec. 5841. Waivers of certain conditions for progress payments under certain
contracts during the COVID–19 national emergency.
Subtitle E—Small Business Matters
Sec. 5871. Office of Small Business and Disadvantaged Business Utilization.
Sec. 5872. Eligibility of the Commonwealth of the Northern Mariana Islands
for certain Small Business Administration programs.
Sec. 5873. Disaster declaration in rural areas.
Sec. 5874. Temporary extension for 8(a) participants.
Sec. 5875. Maximum award price for sole source manufacturing contracts.
Sec. 5876. Annual reports regarding the SBIR program of the Department of
Defense.
Sec. 5877. Small business loans for nonprofit child care providers.
Subtitle G—Other Matters
Sec. 5891. Listing of other transaction authority consortia.
Sec. 5892. Report recommending disposition of notes to certain sections of title
10, United States Code.
Sec. 5893. Applicability of reporting requirement related to notional milestones
and standard timelines for foreign military sales.
Sec. 5894. Additional requirements related to mitigating risks related to foreign
ownership, control, or influence of Department of Defense 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
support call centers.
TITLE LX—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 6001. Under Secretary of Defense (Comptroller) reports on improving the
budget justification and related materials of the Department of
Defense.
Sec. 6002. Report on fiscal year 2022 budget request requirements in connec-
tion 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.
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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.
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 examina-
tion.
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 Pro-
gram.
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Subtitle E—Matters Relating to the Indo-Pacific Region
Sec. 6251. Pilot program to improve cyber cooperation with Vietnam, Thailand,
and Indonesia.
Subtitle F—Reports
Sec. 6273. Report on risk to personnel, equipment, and operations due to
Huawei 5G architecture in host countries.
Subtitle G—Other Matters
Sec. 6281. Comparative studies on defense budget transparency of the People’s
Republic of China, the Russian Federation, and the United
States.
Sec. 6282. Modification to initiative to support protection of national security
academic researchers from undue influence and other security
threats.
Sec. 6283. Sense of Senate on United States-Israel cooperation on precision-
guided munitions.
Sec. 6284. Blocking deadly fentanyl imports.
Sec. 6286. Establishment of United States-Israel Operations-Technology Work-
ing Group.
Subtitle H—United States-Israel Security Assistance
Sec. 6290. Short title.
Sec. 6290A. Definition.
CHAPTER 1—SECURITY ASSISTANCE FOR ISRAEL
Sec. 6291. Findings.
Sec. 6292. Statement of policy.
Sec. 6293. Security assistance for Israel.
Sec. 6294. Extension of war reserves stockpile authority.
Sec. 6295. Extension of loan guarantees to Israel.
Sec. 6296. Transfer of precision guided munitions to Israel.
Sec. 6297. Sense of Congress on rapid acquisition and deployment procedures.
Sec. 6298. Eligibility of Israel for the strategic trade authorization exception to
certain export control licensing requirements.
CHAPTER 2—ENHANCED UNITED STATES-ISRAEL COOPERATION
Sec. 6299. United States Agency for International Development memoranda of
understanding to enhance cooperation with Israel.
Sec. 6299A. Cooperative projects among the United States, Israel, and devel-
oping 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
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Subtitle B—Cyberspace Related Matters
Sec. 6611. Report on use of encryption by Department of Defense national se-
curity systems.
Sec. 6612. Guidance and direction on use of direct hiring processes for artificial
intelligence professionals and other data science and software
development personnel.
Sec. 6613. Cybersecurity State Coordinator Act.
Sec. 6614. Cybersecurity Advisory Committee.
Sec. 6615. Cybersecurity Education and Training Assistance Program.
Subtitle C—Nuclear Forces
Sec. 6651. Report on electromagnetic pulse hardening of ground-based strategic
deterrent weapons system.
TITLE LXVII—NUCLEAR ENERGY LEADERSHIP
Sec. 6701. Advanced nuclear reactor research and development goals.
Sec. 6702. Nuclear energy strategic plan.
Sec. 6703. Versatile, reactor-based fast neutron source.
Sec. 6704. Advanced nuclear fuel security program.
Sec. 6705. University Nuclear Leadership Program.
Sec. 6706. Adjusting strategic petroleum reserve mandated drawdowns.
TITLE LXXVIII—MILITARY CONSTRUCTION AND GENERAL
PROVISIONS
Subtitle A—Military Construction Program
Sec. 7801. Modification to authority for military construction projects for child
development centers at military installations.
Sec. 7802. Modification of construction of ground-based strategic deterrent
launch facilities and launch centers for the Air Force.
Subtitle B—Military Family Housing
Sec. 7821. Inclusion of assessment of performance metrics in annual publica-
tion on use of incentive fees for privatized military housing
projects.
Subtitle D—Land Conveyances
Sec. 7861. Establishment of interagency committees on joint use of certain land
withdrawn from appropriation under public land laws.
Sec. 7862. Lease extension for Bryan Multi-Sports Complex, Wayne County,
North Carolina.
Subtitle E—Other Matters
Sec. 7881. Sense of Congress on relocation of Joint Spectrum Center.
TITLE LXXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle F—Other Matters
Sec. 8159. Extension and expansion of limitations on importation of uranium
from Russian Federation.
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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
Systems Security.
Sec. 9304. Continuity of operations plans for certain elements of the intel-
ligence 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 Intel-
ligence Agency to improve education in science, technology, en-
gineering, arts, and mathematics.
Subtitle B—Reports and Assessments Pertaining to Intelligence Community
Sec. 9321. Assessment by the Comptroller General of the United States on ef-
forts of the intelligence community and the Department of De-
fense to identify and mitigate risks posed to the intelligence
community and the Department by the use of direct-to-con-
sumer genetic testing by the Government of the People’s Re-
public of China.
Sec. 9322. Report on use by intelligence community of hiring flexibilities and
expedited human resources practices to assure quality and di-
versity 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.
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Sec. 9326. Open source intelligence strategies and plans for the intelligence
community.
TITLE XCIV—SECURITY CLEARANCES AND TRUSTED
WORKFORCE
Sec. 9401. Exclusivity, consistency, and transparency in security clearance pro-
cedures, and right to appeal.
Sec. 9402. Establishing process parity for security clearance revocations.
Sec. 9403. Federal policy on sharing of derogatory information pertaining to
contractor employees in the trusted workforce.
TITLE XCV—REPORTS AND OTHER MATTERS
Sec. 9501. Report on attempts by foreign adversaries to build telecommuni-
cations and cybersecurity equipment and services for, or to pro-
vide 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 Commis-
sion.
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 Is-
lamic Republic of Iran.
Sec. 9510. Report on Iranian activities relating to nuclear nonproliferation.
Sec. 9511. Sense of Congress on Third Option Foundation.
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
4 101(a)(16) of title 10, United States Code.
5 SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
6 The budgetary effects of this Act, for the purposes
7 of complying with the Statutory Pay-As-You-Go Act of
8 2010, shall be determined by reference to the latest state-
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1 ment titled ‘‘Budgetary Effects of PAYGO Legislation’’
2 for this Act, jointly submitted for printing in the Congres-
3 sional Record by the Chairmen of the House and Senate
4 Budget Committees, provided that such statement has
5 been submitted prior to the vote on passage in the House
6 acting first on the conference report or amendment be-
7 tween the Houses.
8 DIVISION A—DEPARTMENT OF
9 DEFENSE AUTHORIZATIONS
10 TITLE I—PROCUREMENT
11 Subtitle A—Authorization of
12 Appropriations
13 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
14 Funds are hereby authorized to be appropriated for
15 fiscal year 2021 for procurement for the Army, the Navy
16 and the Marine Corps, the Air Force, and Defense-wide
17 activities, as specified in the funding table in section 4101.
18 Subtitle B—Army Programs
19 SEC. 111. INTEGRATED AIR AND MISSILE DEFENSE ASSESS-
20 MENT.
21 (a) ASSESSMENT BY SECRETARY OF THE ARMY.—
22 (1) IN GENERAL.—The Secretary of the Army
23 shall conduct a classified assessment of the capa-
24 bility and capacity of current and planned integrated
25 air and missile defense (IAMD) capabilities to meet
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1 combatant commander requirements for major oper-
2 ations against great-power competitors and other
3 global operations in support of the National Defense
4 Strategy.
5 (2) ELEMENTS.—The assessment required by
6 paragraph (1) shall include the following:
7 (A) Analysis and characterization of cur-
8 rent and emerging threats, including the fol-
9 lowing:
10 (i) Cruise, hypersonic, and ballistic
11 missiles.
12 (ii) Unmanned aerial systems.
13 (iii) Rockets.
14 (iv) Other indirect fire.
15 (v) Specific and meaningfully varied
16 examples within each of subclauses (I)
17 through (IV).
18 (B) Analysis of current and planned inte-
19 grated air and missile defense capabilities to
20 counter the threats analyzed and characterized
21 under subparagraph (A), including the fol-
22 lowing:
23 (i) Projected timelines for develop-
24 ment, procurement, and fielding of planned
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1 integrated air and missile defense capabili-
2 ties.
3 (ii) Projected capability gaps.
4 (iii) Opportunities for acceleration or
5 need for incorporation of interim capabili-
6 ties to address current and projected gaps.
7 (C) Analysis of current and planned capac-
8 ity to meet major contingency plan require-
9 ments and ongoing global operations of the
10 combatant commands, including the following:
11 (i) Current and planned numbers of
12 integrated air and missile defense systems
13 and formations, including munitions.
14 (ii) Capacity gaps in addressing com-
15 batant command requirements.
16 (iii) Operations tempo stress on inte-
17 grated air and missile defense formations
18 and personnel.
19 (iv) Plans of the Secretary to continue
20 to increase integrated air and missile de-
21 fense personnel and formations.
22 (D) Assessment of integrated air and mis-
23 sile defense architecture and enabling command
24 and control systems, including the following:
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1 (i) A description of the integrated air
2 and missile defense architecture and com-
3 ponent counter unmanned aerial systems
4 (C–UAS) sub-architecture.
5 (ii) Identification of the enabling com-
6 mand and control (C2) systems.
7 (iii) Inter-connectivity of the enabling
8 command and control systems.
9 (iv) Compatibility of the enabling
10 command and control systems with
11 planned Joint All Domain Command and
12 Control (JADC2) architecture.
13 (E) Assessment of proponency within the
14 Army of integrated air and missile defense and
15 counter unmanned aerial systems, including the
16 following:
17 (i) A description of the current
18 proponency structure.
19 (ii) Adequacy of the current
20 proponency structure to facilitate Army ex-
21 ecutive agency integrated air and missile
22 defense and counter unmanned aerial sys-
23 tems functions for the Department of De-
24 fense.
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1 (iii) Benefits of establishing inte-
2 grated air and missile defense and counter
3 unmanned aerial systems centers of excel-
4 lence to help focus Army and joint force ef-
5 forts to achieving a functional integrated
6 air and missile defense capability and ca-
7 pacity to meet requirements of the combat-
8 ant commands.
9 (3) CHARACTERIZATION.—
10 (A) IN GENERAL.—In carrying out para-
11 graph (2)(A), the Secretary shall avoid broad
12 characterizations that do not sufficiently distin-
13 guish between distinctly different threats in the
14 same general class.
15 (B) EXAMPLE.—An example of a broad
16 characterization to be avoided under such para-
17 graph is ‘‘cruise missiles’’, since such character-
18 ization does not sufficiently distinguish between
19 current cruise missiles and emerging hypersonic
20 cruise missiles, which may require different ca-
21 pabilities to counter them.
22 (4) REPORT AND INTERIM BRIEFING.—
23 (A) INTERIM BRIEFING.—Not later than
24 December 15, 2020, the Secretary shall provide
25 the Committee on Armed Services of the Senate
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1 and Committee on Armed Services of the House
2 of Representatives a briefing on the assessment
3 being conducted by the Secretary under para-
4 graph (1).
5 (B) REPORT.—Not later than February
6 15, 2021, the Secretary shall submit to the
7 Committee on Armed Services of the Senate
8 and Committee on Armed Services of the House
9 of Representatives a report on the findings of
10 the Secretary with respect to the assessment
11 conducted under paragraph (1).
12 (b) REVIEW BY VICE CHAIRMAN OF THE JOINT
13 CHIEFS OF STAFF.—
14 (1) REVIEW.—The Vice Chairman of the Joint
15 Chiefs of Staff shall review the assessment being
16 conducted under subsection (a)(1) for potential gaps
17 in capability and capacity to meet requirements of
18 the National Defense Strategy.
19 (2) REPORT.—Not later than April 15, 2021,
20 the Vice Chairman of the Joint Chiefs of Staff shall
21 submit to the Committee on Armed Services of the
22 Senate and Committee on Armed Services of the
23 House of Representatives a report on the finding of
24 the Vice Chairman with respect to the review con-
25 ducted under paragraph (1).
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1 SEC. 112. REPORT AND LIMITATION ON INTEGRATED VIS-
2 UAL AUGMENTATION SYSTEM ACQUISITION.
3 (a) REPORT REQUIRED.—
4 (1) IN GENERAL.—Not later than August 15,
5 2021, the Secretary of the Army shall submit to the
6 congressional defense committees a report on the In-
7 tegrated Visual Augmentation System (IVAS) subse-
8 quent to the completion of operational testing.
9 (2) ELEMENTS REQUIRED.—The report re-
10 quired by paragraph (1) shall include the following:
11 (A) Certification of the IVAS acquisition
12 strategy, to include production model costs, full
13 rate production schedule, and identification of
14 any changes resulting from operational testing.
15 (B) Certification of technology levels being
16 utilized in the full rate production model.
17 (C) Certification of operational suitability
18 and soldier acceptability of the production
19 model IVAS.
20 (b) LIMITATION ON USE OF FUNDS.—Not more than
21 50 percent of the amounts authorized to be appropriated
22 by this Act for fiscal year 2021 for procurement of the
23 Integrated Visual Augmentation System may be obligated
24 or expended until the Secretary submits to the congres-
25 sional defense committees the report required under sub-
26 section (a).
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1 SEC. 113. MODIFICATIONS TO REQUIREMENT FOR AN IN-
2 TERIM CRUISE MISSILE DEFENSE CAPA-
3 BILITY.
4 (a) PLAN.—Not later than January 15, 2021, the
5 Secretary of the Army shall submit to the congressional
6 defense committees the plan, including a timeline, to oper-
7 ationally deploy or forward station the two batteries of in-
8 terim cruise missile defense capability procured pursuant
9 to section 112 of the John S. McCain National Defense
10 Authorization Act for Fiscal Year 2019 (Public Law 115–
11 232; 132 Stat. 1660) in an operational theater or theaters.
12 (b) MODIFICATION OF WAIVER.—Section 112(b)(4)
13 of the John S. McCain National Defense Authorization
14 Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat.
15 1661) is amended to read as follows:
16 ‘‘(4) WAIVER.—The Secretary of the Army may
17 waive the deadlines specified in paragraph (1):
18 ‘‘(A) For the deadline specified in para-
19 graph (1)(A), if the Secretary determines that
20 sufficient funds have not been appropriated to
21 enable the Secretary to meet such deadline.
22 ‘‘(B) For the deadline specified in para-
23 graph (1)(B), if the Secretary submits to the
24 congressional defense committees a certification
25 that—
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45
1 ‘‘(i) allocating resources toward pro-
2 curement of an integrated enduring capa-
3 bility would provide robust tiered and lay-
4 ered protection to the joint force; or
5 ‘‘(ii) additional time is required to
6 complete training and preparation for
7 operational capability.’’.
8 Subtitle C—Navy Programs
9 SEC. 121. CONTRACT AUTHORITY FOR COLUMBIA-CLASS
10 SUBMARINE PROGRAM.
11 (a) CONTRACT AUTHORITY.—The Secretary of the
12 Navy may enter into a contract, beginning with fiscal year
13 2021, for the procurement of up to two Columbia-class
14 submarines.
15 (b) INCREMENTAL FUNDING.—With respect to a con-
16 tract entered into under subsection (a), the Secretary of
17 the Navy may use incremental funding to make payments
18 under the contract.
19 (c) LIABILITY.—Any contract entered into under sub-
20 section (a) shall provide that—
21 (1) any obligation of the United States to make
22 a payment under the contract is subject to the avail-
23 ability of appropriations for that purpose; and
24 (2) total liability of the Federal Government for
25 termination of any contract entered into shall be
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1 limited to the total amount of funding obligated to
2 the contract at time of termination.
3 SEC. 122. LIMITATION ON NAVY MEDIUM AND LARGE UN-
4 MANNED SURFACE VESSELS.
5 (a) MILESTONE B APPROVAL REQUIREMENTS.—
6 Milestone B approval may not be granted for a covered
7 program unless such program accomplishes prior to and
8 incorporates into such approval—
9 (1) qualification by the Senior Technical Au-
10 thority of—
11 (A) at least two different main propulsion
12 engines and ancillary equipment, including the
13 fuel and lube oil systems; and
14 (B) at least two different electrical genera-
15 tors and ancillary equipment;
16 (2) final results of test programs of engineering
17 development models or prototypes for critical sys-
18 tems specified by the Senior Technical Authority in
19 their final form, fit, and function and in a realistic
20 environment; and
21 (3) a determination by the milestone decision
22 authority of the minimum number of vessels, dis-
23 crete test events, performance parameters to be test-
24 ed, and schedule required to complete initial oper-
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1 ational test and evaluation and demonstrate oper-
2 ational suitability and operational effectiveness.
3 (b) QUALIFICATION REQUIREMENTS.—The qualifica-
4 tion required in subsection (a)(1) shall include a land-
5 based operational demonstration of such equipment in the
6 vessel-representative form, fit, and function for not less
7 than 1,080 continuous hours without preventative mainte-
8 nance, corrective maintenance, emergent repair, or any
9 other form of repair or maintenance.
10 (c) REQUIREMENT TO USE QUALIFIED ENGINES AND
11 GENERATORS.—The Secretary of the Navy shall require
12 that covered programs use only main propulsion engines
13 and electrical generators that are qualified under sub-
14 section (a)(1).
15 (d) LIMITATION.—The Secretary of the Navy may
16 not release a detail design or construction request for pro-
17 posals or obligate funds from a procurement account for
18 a covered program until such program receives Milestone
19 B approval and the milestone decision authority notifies
20 the congressional defense committees, in writing, of the
21 actions taken to comply with the requirements under this
22 section.
23 (e) DEFINITIONS.—In this section:
24 (1) The term ‘‘covered program’’ means a pro-
25 gram for—
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1 (A) medium unmanned surface vessels; or
2 (B) large unmanned surface vessels.
3 (2) The term ‘‘Milestone B approval’’ has the
4 meaning given the term in section 2366(e)(7) of title
5 10, United States Code.
6 (3) The term ‘‘milestone decision authority’’
7 means the official within the Department of Defense
8 designated with the overall responsibility and au-
9 thority for acquisition decisions for the program, in-
10 cluding authority to approve entry of the program
11 into the next phase of the acquisition process.
12 (4) The term ‘‘Senior Technical Authority’’ has
13 the meaning given the term in section 8669b of title
14 10, United States Code.
15 SEC. 123. EXTENSION OF PROHIBITION ON AVAILABILITY
16 OF FUNDS FOR NAVY WATERBORNE SECU-
17 RITY BARRIERS.
18 Section 130(a) of the John S. McCain National De-
19 fense Authorization Act for Fiscal Year 2019 (Public Law
20 115–232; 132 Stat. 1665), as amended by section 126 of
21 the National Defense Authorization Act for Fiscal Year
22 2020 (Public Law 116–92), is further amended by strik-
23 ing ‘‘for fiscal year 2019 or fiscal year 2020’’ and insert-
24 ing ‘‘for fiscal years 2019, 2020, or 2021’’.
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1 SEC. 124. PROCUREMENT AUTHORITIES FOR CERTAIN AM-
2 PHIBIOUS SHIPBUILDING PROGRAMS.
3 (a) CONTRACT AUTHORITY.—
4 (1) PROCUREMENT AUTHORIZED.—In fiscal
5 year 2021, the Secretary of the Navy may enter into
6 one or more contracts for the procurement of three
7 San Antonio-class amphibious ships and one Amer-
8 ica-class amphibious ship.
9 (2) PROCUREMENT IN CONJUNCTION WITH EX-
10 ISTING CONTRACTS.—The ships authorized to be
11 procured under paragraph (1) may be procured as
12 additions to existing contracts covering such pro-
13 grams.
14 (b) CERTIFICATION REQUIRED.—A contract may not
15 be entered into under subsection (a) unless the Secretary
16 of the Navy certifies to the congressional defense commit-
17 tees, in writing, not later than 30 days before entry into
18 the contract, each of the following, which shall be prepared
19 by the milestone decision authority for such programs:
20 (1) The use of such a contract is consistent
21 with the Department of the Navy’s projected force
22 structure requirements for amphibious ships.
23 (2) The use of such a contract will result in sig-
24 nificant savings compared to the total anticipated
25 costs of carrying out the program through annual
26 contracts. In certifying cost savings under the pre-
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1 ceding sentence, the Secretary shall include a writ-
2 ten explanation of—
3 (A) the estimated end cost and appro-
4 priated funds by fiscal year, by hull, without
5 the authority provided in subsection (a);
6 (B) the estimated end cost and appro-
7 priated funds by fiscal year, by hull, with the
8 authority provided in subsection (a);
9 (C) the estimated cost savings or increase
10 by fiscal year, by hull, with the authority pro-
11 vided in subsection (a);
12 (D) the discrete actions that will accom-
13 plish such cost savings or avoidance; and
14 (E) the contractual actions that will ensure
15 the estimated cost savings are realized.
16 (3) There is a reasonable expectation that
17 throughout the contemplated contract period the
18 Secretary of the Navy will request funding for the
19 contract at the level required to avoid contract can-
20 cellation.
21 (4) There is a stable design for the property to
22 be acquired and the technical risks associated with
23 such property are not excessive.
24 (5) The estimates of both the cost of the con-
25 tract and the anticipated cost avoidance through the
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1 use of a contract authorized under subsection (a)
2 are realistic.
3 (6) The use of such a contract will promote the
4 national security of the United States.
5 (7) During the fiscal year in which such con-
6 tract is to be awarded, sufficient funds will be avail-
7 able to perform the contract in such fiscal year, and
8 the future-years defense program (as defined under
9 section 221 of title 10, United States Code) for such
10 fiscal year will include the funding required to exe-
11 cute the program without cancellation.
12 (c) AUTHORITY FOR ADVANCE PROCUREMENT.—The
13 Secretary of the Navy may enter into one or more con-
14 tracts for advance procurement associated with a vessel
15 or vessels for which authorization to enter into a contract
16 is provided under subsection (a), and for systems and sub-
17 systems associated with such vessels in economic order
18 quantities when cost savings are achievable.
19 (d) CONDITION FOR OUT-YEAR CONTRACT PAY-
20 MENTS.—A contract entered into under subsection (a)
21 shall provide that any obligation of the United States to
22 make a payment under the contract for a fiscal year is
23 subject to the availability of appropriations for that pur-
24 pose for such fiscal year.
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1 (e) MILESTONE DECISION AUTHORITY DEFINED.—
2 In this section. the term ‘‘milestone decision authority’’
3 has the meaning given the term in section 2366a(d) of
4 title 10, United States Code.
5 SEC. 125. FIGHTER FORCE STRUCTURE ACQUISITION
6 STRATEGY.
7 (a) REPORT REQUIRED.—Not later than March 1,
8 2021, the Secretary of the Navy shall submit to the con-
9 gressional defense committees a report with a fighter force
10 structure acquisition strategy that is aligned with the re-
11 sults of the independent studies required under section
12 1064 of the National Defense Authorization Act for Fiscal
13 Year 2018 (Public Law 115–91; 131 Stat. 1576).The
14 strategy shall establish a minimum number of F–35 and
15 Next Generation Air Dominance (NGAD) aircraft that the
16 Navy and Marine Corps would be required to purchase
17 each year to mitigate or manage strike fighter shortfalls.
18 (b) LIMITATION ON DEVIATION FROM STRATEGY.—
19 The Department of the Navy may not deviate from the
20 acquisition strategy established under subsection (a)
21 until—
22 (1) the Secretary of the Navy receives a waiver
23 and justification from the Secretary of Defense; and
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1 (2) 30 days after the Secretary of the Navy no-
2 tifies the congressional defense committees of the
3 proposed deviation.
4 SEC. 126. TREATMENT OF SYSTEMS ADDED BY CONGRESS
5 IN FUTURE PRESIDENT’S BUDGET REQUESTS.
6 A procurement quantity of a system authorized by
7 Congress in a National Defense Authorization Act for a
8 given fiscal year that is subsequently appropriated by Con-
9 gress in an amount greater than the quantity of such sys-
10 tem included in the President’s annual budget request
11 submitted to Congress under section 1105 of title 31,
12 United States Code, for such fiscal year shall not be in-
13 cluded as a new procurement quantity in future annual
14 budget requests.
15 SEC. 127. REPORT ON CARRIER WING COMPOSITION.
16 (a) REPORT.—Not later than May 1, 2021, the Sec-
17 retary of the Navy, in consultation with the Chief of Naval
18 Operations and Commandant of the Marine Corps, shall
19 submit to the congressional defense committees a report
20 on the optimal composition of the carrier air wing in 2030
21 and 2040, as well as alternative force design concepts.
22 (b) ELEMENTS.—The report required under sub-
23 section (a) shall include the following elements:
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1 (1) An analysis and justification used to reach
2 the 50–50 mix of 4th and 5th generation aircraft for
3 2030.
4 (2) An analysis and justification for the optimal
5 mix of carrier aircraft for 2040.
6 (3) A plan for incorporating unmanned aerial
7 vehicles and associated communication capabilities to
8 effectively implement the future force design.
9 SEC. 128. REPORT ON STRATEGY TO USE ALQ–249 NEXT
10 GENERATION JAMMER TO ENSURE FULL
11 SPECTRUM ELECTROMAGNETIC SUPERI-
12 ORITY.
13 (a) REPORT.—Not later than July 30, 2021, the Sec-
14 retary of the Navy, in consultation with the Vice Chairman
15 of the Joint Chiefs, shall submit to the congressional de-
16 fense committees report with a strategy to ensure full
17 spectrum electromagnetic superiority using the ALQ–249
18 Next Generation Jammer.
19 (b) ELEMENTS.—The report required under sub-
20 section (a) shall include the following elements:
21 (1) A description of the current procurement
22 strategy of the ALQ–249 and the analysis of its ca-
23 pability to meet the RF frequency ranges required in
24 a National Defense Strategy (NDS) conflict.
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1 (2) An assessment of the ALQ–249’s compat-
2 ibility and ability to synchronize non-kinetic fires
3 using other Joint Electronic Warfare (EW) plat-
4 forms.
5 (3) A future model of an interlinked/inter-
6 dependent electronic warfare menu of options for
7 commanders at tactical, operational, and strategic
8 levels.
9 Subtitle D—Air Force Programs
10 SEC. 141. ECONOMIC ORDER QUANTITY CONTRACTING AU-
11 THORITY FOR F–35 JOINT STRIKE FIGHTER
12 PROGRAM.
13 (a) AUTHORITY FOR ADVANCE PROCUREMENT AND
14 ECONOMIC ORDER QUANTITY.—The Secretary of Defense
15 may enter into one or more contracts, beginning with the
16 fiscal year 2020 program year, for the procurement of eco-
17 nomic order quantities of material and equipment for the
18 F–35 aircraft program for use in procurement contracts
19 to be awarded for such program during fiscal years 2021
20 through 2023.
21 (b) LIMITATION.—The total amount obligated in fis-
22 cal year 2021 under all contracts entered into under sub-
23 section (a) shall not exceed $493,000,000.
24 (c) PRELIMINARY FINDINGS.—Before entering into a
25 contract under subsection (a), the Secretary shall make
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1 each of the following findings with respect to such con-
2 tract:
3 (1) The use of such a contract will result in sig-
4 nificant savings of the total anticipated costs of car-
5 rying out the program through annual contracts.
6 (2) The minimum need for the property to be
7 procured is expected to remain substantially un-
8 changed during the contemplated contract period in
9 terms of production rate, procurement rate, and
10 total quantities.
11 (3) There is a reasonable expectation that,
12 throughout the contemplated contract period, the
13 Secretary will request funding for the contract at
14 the level required to avoid contract cancellation.
15 (4) There is a stable design for the property to
16 be procured, and the technical risks associated with
17 such property are not excessive.
18 (5) The estimates of both the cost of the con-
19 tract and the anticipated cost avoidance through the
20 use of an economic order quantity contract are real-
21 istic.
22 (6) Entering into the contract will promote the
23 national security interests of the United States.
24 (d) CERTIFICATION REQUIREMENT.—Except as pro-
25 vided in subsection (e), the Secretary of Defense may not
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1 enter into a contract under subsection (a) until 30 days
2 after the Secretary certifies to the congressional defense
3 committees, in writing, that each of the following condi-
4 tions is satisfied:
5 (1) A sufficient number of end items of the sys-
6 tem being acquired under such contract have been
7 delivered at or within the most recently available es-
8 timates of the program acquisition unit cost or pro-
9 curement unit cost for such system to determine
10 that the estimates of the unit costs are realistic.
11 (2) During the fiscal year in which such con-
12 tract is to be awarded, sufficient funds will be avail-
13 able to perform the contract in such fiscal year, and
14 the future-years defense program submitted to Con-
15 gress under section 221 of title 10, United States
16 Code, for that fiscal year will include the funding re-
17 quired to 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
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1 and has provided the basis for such determination to
2 the 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
7 2334(f)(2) of title 10, United States Code, and the
8 analysis supports that determination.
9 (e) EXCEPTION.—Notwithstanding subsection (d),
10 the Secretary of Defense may enter into a contract under
11 subsection (a) on or after December 1, 2020, if—
12 (1) the Director of Cost Assessment and Pro-
13 gram Evaluation has not completed a cost analysis
14 of the preliminary findings made by the Secretary
15 under subsection (c) with respect to the contract;
16 (2) the Secretary certifies to the congressional
17 defense committees, in writing, that each of the con-
18 ditions described in paragraphs (1) through (5) of
19 subsection (d) is satisfied; and
20 (3) a period of 30 days has elapsed following
21 the date on which the Secretary submits the certifi-
22 cation under paragraph (2).
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1 SEC. 142. MINIMUM AIRCRAFT LEVELS FOR MAJOR MIS-
2 SION AREAS.
3 (a) MINIMUM LEVELS.—Except as provided under
4 subsection (b), the Secretary of the Air Force shall main-
5 tain the following minima, based on Primary Mission Air-
6 craft Inventory (PMAI):
7 (1) 1,182 Fighter aircraft.
8 (2) 190 Attack Remotely Piloted Aircraft
9 (RPA).
10 (3) 92 Bomber aircraft.
11 (4) 412 Tanker aircraft.
12 (5) 230 Tactical airlift aircraft.
13 (6) 235 Strategic airlift aircraft.
14 (7) 84 Strategic Intelligence, Surveillance, and
15 Reconnaissance (ISR) aircraft.
16 (8) 106 Combat Search and Rescue (CSAR)
17 aircraft.
18 (b) EXCEPTIONS.—The Secretary of the Air Force
19 may reduce the number of aircraft in the PMAI of the
20 Air Force below the minima specified in subsection (a)
21 only if—
22 (1) the Secretary certifies to the congressional
23 defense committees that such reduction is justified
24 by the results of the new capability and require-
25 ments studies; and
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1 (2) a period of 30 days has elapsed following
2 the date on which the certification is made to the
3 congressional defense committees under paragraph
4 (1).
5 (c) APPLICABILITY.—The limitation in subsection (a)
6 shall not apply to aircraft that the Secretary of the Air
7 Force determines, on a case-by-case basis, to be no longer
8 mission capable because of mishaps, other damage, or
9 being uneconomical to repair.
10 SEC. 143. MINIMUM OPERATIONAL SQUADRON LEVEL.
11 As soon as practicable after the date of the enactment
12 of this Act and subject to the availability of appropria-
13 tions, the Secretary of the Air Force shall seek to achieve
14 a minimum of not fewer than 386 available operational
15 squadrons, or equivalent organizational units, within the
16 Air Force. In addition to the operational squadrons, the
17 Secretary shall strive to achieve the following primary mis-
18 sion aircraft inventory (PMAI) numbers:
19 (1) 1,680 Fighter aircraft.
20 (2) 199 Persist attack remotely piloted aircraft
21 (RPA).
22 (3) 225 Bomber aircraft.
23 (4) 500 Air refueling aircraft.
24 (5) 286 Tactical airlift aircraft.
25 (6) 284 Strategic airlift aircraft.
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1 (7) 55 Command and control aircraft.
2 (8) 105 Combat search and rescue (CSAR) air-
3 craft.
4 (9) 30 Intelligence, surveillance, and reconnais-
5 sance (ISR) aircraft.
6 (10) 179 Special operations aircraft.
7 (11) 40 Electronic warfare (EW) aircraft.
8 SEC. 144. MINIMUM AIR FORCE BOMBER AIRCRAFT LEVEL.
9 The Secretary of Defense shall submit to the congres-
10 sional defense committees recommendations for a min-
11 imum number of bomber aircraft, including penetrating
12 bombers in addition to B–52H aircraft, to enable the Air
13 Force to carry out its long-range penetrating strike capa-
14 bility.
15 SEC. 145. F–35 GUN SYSTEM.
16 The Secretary of the Air Force shall begin the pro-
17 curement process for an alternate 25mm ammunition solu-
18 tion that provides a true full-spectrum target engagement
19 capability for the F–35A aircraft.
20 SEC. 146. PROHIBITION ON FUNDING FOR CLOSE AIR SUP-
21 PORT INTEGRATION GROUP.
22 No funds authorized to be appropriated by this Act
23 may be obligated or expended for the Close Air Support
24 Integration Group (CIG) or its subordinate units at Nellis
25 Air Force Base, Nevada, and the Air Force may not utilize
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1 personnel or equipment in support of the CIG or its subor-
2 dinate units.
3 SEC. 147. LIMITATION ON DIVESTMENT OF KC–10 AND KC–
4 135 AIRCRAFT.
5 The Secretary of Defense may not divest KC–10 and
6 KC–135 aircraft in excess of the following amounts:
7 (1) In fiscal year 2021, 6 KC–10 aircraft, in-
8 cluding only 3 from primary mission aircraft inven-
9 tory (PMAI).
10 (2) In fiscal year 2022, 12 KC–10 aircraft.
11 (3) In fiscal year 2023, 12 KC–10 and 14 KC–
12 135 aircraft.
13 SEC. 148. LIMITATION ON RETIREMENT OF U–2 AND RQ–4
14 AIRCRAFT.
15 (a) LIMITATION.—The Secretary of the Air Force
16 may not take any action that would prevent the Air Force
17 from maintaining the fleets of U–2 aircraft or RQ–4 air-
18 craft in their current, or improved, configurations and ca-
19 pabilities until the Chairman of the Joint Requirements
20 Oversight Council certifies in writing to the appropriate
21 committees of Congress that the capability to be fielded
22 at the same time or before the retirement of the U–2 air-
23 craft or RQ–4 aircraft (as the case may be) would result
24 in equal or greater capability available to the commanders
25 of the combatant commands and would not result in less
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1 capacity available to the commanders of the combatant
2 commands.
3 (b) WAIVER.—The Secretary of Defense may waive
4 the certification requirement under subsection (a) with re-
5 spect to U–2 aircraft or RQ–4 aircraft if the Secretary—
6 (1) determines, after analyzing sufficient and
7 relevant data, that a loss in capacity and capability
8 will not prevent the combatant commanders from ac-
9 complishing their missions at acceptable levels of
10 risk; and
11 (2) provides to the appropriate committees of
12 Congress a certification of such determination and
13 supporting analysis.
14 (c) APPROPRIATE COMMITTEES OF CONGRESS DE-
15 FINED.—In this section, the term ‘‘appropriate commit-
16 tees of Congress’’ means—
17 (1) the Committee on Armed Services, the
18 Committee on Appropriations, and the Select Com-
19 mittee on Intelligence of the Senate; and
20 (2) the Committee on Armed Services, the
21 Committee on Appropriations, and the Permanent
22 Select Committee on Intelligence of the House of
23 Representatives.
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1 SEC. 149. LIMITATION ON DIVESTMENT OF F–15C AIRCRAFT
2 IN THE EUROPEAN THEATER.
3 (a) IN GENERAL.—The Secretary of the Air Force
4 may not divest F–15C aircraft in the European theater
5 until the F–15EX aircraft is integrated into the Air Force
6 and has begun bed down actions in the European theater.
7 (b) WAIVER.—The Secretary of Defense, after con-
8 sultation with the Commander of the United States Euro-
9 pean Command (EUCOM), may waive the limitation
10 under subsection (a) if the Secretary certifies to Congress
11 the divestment is required for the national defense and
12 that there exists sufficient resources at all times to meet
13 NATO and EUCOM air superiority requirements for the
14 European theater.
15 SEC. 150. AIR BASE DEFENSE DEVELOPMENT AND ACQUISI-
16 TION STRATEGY.
17 (a) STRATEGY REQUIRED.—Not later than March 1,
18 2021, the Chief of Staff of the Air Force (CSAF), in con-
19 sultation with the Chief of Staff of the Army (CSA), shall
20 submit to the congressional defense committees a develop-
21 ment and acquisition strategy to procure a capability to
22 protect air bases and prepositioned sites in contested envi-
23 ronments highlighted in the National Defense Strategy.
24 The strategy should ensure a solution that is effective
25 against current and emerging cruise missile and advanced
26 hypersonic missile threats.
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1 (b) LIMITATION ON USE OF OPERATION AND MAIN-
2 TENANCE FUNDS.—Not more than 50 percent of the
3 funds authorized to be appropriated by this Act for fiscal
4 year 2021 for operation and maintenance for the Office
5 of the Secretary of the Air Force and the Office of the
6 Secretary of the Army may be obligated or expended until
7 15 days after submission of the strategy required under
8 subsection (a).
9 SEC. 151. REQUIRED SOLUTION FOR KC–46 AIRCRAFT RE-
10 MOTE VISUAL SYSTEM LIMITATIONS.
11 The Secretary of the Air Force shall develop and im-
12 plement a complete, one-time solution to the KC–46 air-
13 craft remote visual system (RVS) operational limitations.
14 Not later than October 1, 2020, the Secretary shall submit
15 to the congressional defense committees an implementa-
16 tion strategy for the solution.
17 SEC. 152. ANALYSIS OF REQUIREMENTS AND ADVANCED
18 BATTLE MANAGEMENT SYSTEM CAPABILI-
19 TIES.
20 (a) ANALYSIS.—Not later than April 1, 2021, the
21 Secretary of the Air Force, in consultation with the com-
22 manders of the combatant commands, shall develop an
23 analysis of current and future moving target indicator re-
24 quirements across the combatant commands and oper-
25 ational and tactical level command and control capabilities
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1 the Advanced Battle Management System (ABMS) will re-
2 quire when fielded.
3 (b) JROC REQUIREMENTS.—
4 (1) IN GENERAL.—Not later than 60 days after
5 the Secretary of the Air Force develops the analysis
6 under subsection (a), the Joint Requirements Over-
7 sight Council (JROC) shall certify that requirements
8 for ABMS incorporate the findings of the analysis.
9 (2) CONGRESSIONAL NOTIFICATION.—The Joint
10 Requirements Oversight Council (JROC) shall notify
11 the congressional defense committees upon making
12 the certification required under paragraph (1) and
13 provide a briefing on the requirements and findings
14 described in such paragraph not later than 30 days
15 after such notification.
16 SEC. 153. STUDIES ON MEASURES TO ASSESS COST-PER-EF-
17 FECT FOR KEY MISSION AREAS.
18 (a) IN GENERAL.—Not later than January 1, 2021,
19 the Secretary of the Air Force shall provide for the per-
20 formance of two independent studies to devise new meas-
21 ures to assess cost-per-effect for key mission areas. One
22 of the studies shall be conducted by an organization de-
23 scribed in section 501(c)(3) of the Internal Revenue Code
24 of 1986 and exempt from tax under section 501(a) of such
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1 Code, and one of the studies shall be conducted by a feder-
2 ally funded research and development center.
3 (b) SCOPE.—Each study conducted pursuant to sub-
4 section (a) shall address the following matters:
5 (1) Number of weapon systems required to
6 meet a specified mission goal.
7 (2) Number of personnel required to meet a
8 specified mission goal.
9 (3) Associated operation and maintenance costs
10 necessary to facilitate respective operational con-
11 structs.
12 (4) Basing requirements for respective force
13 constructs.
14 (5) Mission support elements required to facili-
15 tate specified operations.
16 (6) Defensive measures required to facilitate
17 viable mission operations.
18 (7) Attrition due to enemy countermeasures
19 and other loss factors associated with respective
20 technologies.
21 (8) Associated weapon effects costs compared to
22 alternative forms of power projection.
23 (c) IMPLEMENTATION OF MEASURES.—The Sec-
24 retary of the Air Force shall, as appropriate, incorporate
25 the findings of the studies conducted pursuant to sub-
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1 section (a) in the Air Force’s future force development
2 process. The measures—
3 (1) should be domain and platform agnostic;
4 (2) should focus on how best to achieve mission
5 goals in future operations; and
6 (3) shall consider including harnessing cost-per-
7 effect assessments as a key performance parameter
8 within the Department of Defense’s Joint Capabili-
9 ties Integration and Development System (JCIDS)
10 requirements process.
11 SEC. 154. PLAN FOR OPERATIONAL TEST AND UTILITY
12 EVALUATION OF SYSTEMS FOR LOW-COST AT-
13 TRIBUTABLE AIRCRAFT TECHNOLOGY PRO-
14 GRAM.
15 Not later than October 1, 2020, the Assistant Sec-
16 retary of the Air Force for Acquisition, Technology, and
17 Logistics shall—
18 (a) submit to the congressional defense committees
19 an executable plan for the operational test and utility eval-
20 uation of the systems of the Low-Cost Attributable Air-
21 craft Technology (LCAAT) program of the Air Force; and
22 (b) brief the congressional defense committees on
23 such plan.
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1 SEC. 155. PROHIBITION ON RETIREMENT OR DIVESTMENT
2 OF A–10 AIRCRAFT.
3 The Secretary of Defense may not during fiscal year
4 2021 divest or retire any A–10 aircraft, in order to ensure
5 ongoing capabilities to counter violent extremism and pro-
6 vide close air support and combat search and rescue in
7 accordance with the National Defense Strategy.
8 Subtitle E—Defense-wide, Joint,
9 and Multiservice Matters
10 SEC. 171. BUDGETING FOR LIFE-CYCLE COST OF AIRCRAFT
11 FOR THE NAVY, ARMY, AND AIR FORCE: AN-
12 NUAL PLAN AND CERTIFICATION.
13 (a) IN GENERAL.—Chapter 9 of title 10, United
14 States Code, is amended by inserting after section 231 the
15 following new section:
16 ‘‘§ 231a. Budgeting for life-cycle cost of aircraft for
17 the Navy, Army, and Air Force: Annual
18 plan and certification
19 ‘‘(a) ANNUAL AIRCRAFT PROCUREMENT PLAN AND
20 CERTIFICATION.—Not later than 45 days after the date
21 on which the President submits to Congress the budget
22 for a fiscal year, the Secretary of Defense shall submit
23 to the congressional defense committees—
24 ‘‘(1) a plan for the procurement of the aircraft
25 specified in subsection (b) for the Department of the
26 Navy, the Department of the Army, and the Depart-
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1 ment of the Air Force developed in accordance with
2 this section; and
3 ‘‘(2) a certification by the Secretary that both
4 the budget for such fiscal year and the future years
5 defense program submitted to Congress in relation
6 to such budget under section 221 of this title pro-
7 vide for funding of the procurement of aircraft at a
8 level that is sufficient for the procurement of the
9 aircraft provided for in the plan under paragraph
10 (1) on the schedule provided in the plan.
11 ‘‘(b) COVERED AIRCRAFT.—The aircraft specified in
12 this subsection are the aircraft as follows:
13 ‘‘(1) Fighter aircraft.
14 ‘‘(2) Attack aircraft.
15 ‘‘(3) Bomber aircraft.
16 ‘‘(4) Intertheater lift aircraft.
17 ‘‘(5) Intratheater lift aircraft.
18 ‘‘(6) Intelligence, surveillance, and reconnais-
19 sance aircraft.
20 ‘‘(7) Tanker aircraft.
21 ‘‘(8) Remotely piloted aircraft.
22 ‘‘(9) Rotary-wing aircraft.
23 ‘‘(10) Operational support and executive lift
24 aircraft.
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1 ‘‘(11) Any other major support aircraft des-
2 ignated by the Secretary of Defense for purposes of
3 this section.
4 ‘‘(c) ANNUAL AIRCRAFT PROCUREMENT PLAN.—(1)
5 The annual aircraft procurement plan developed for a fis-
6 cal year for purposes of subsection (a)(1) should be de-
7 signed so that the aviation force provided for under the
8 plan is capable of supporting the national military strategy
9 of the United States as set forth in the most recent Na-
10 tional Defense Strategy submitted under section 113(g)
11 of title 10, United States Code, and National Military
12 Strategy submitted under section 153(b) of title 10,
13 United States Code.
14 ‘‘(2) Each annual aircraft procurement plan shall in-
15 clude the following:
16 ‘‘(A) A detailed program for the procurement of
17 the aircraft specified in subsection (b) for each of
18 the Department of the Navy, the Department of the
19 Army, and the Department of the Air Force over the
20 next 30 fiscal years.
21 ‘‘(B) A description of the necessary aviation
22 force structure to meet the requirements of the na-
23 tional military strategy of the United States or the
24 most recent Quadrennial Defense Review, whichever
25 is applicable under paragraph (1).
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1 ‘‘(C) The estimated levels of annual investment
2 funding necessary to carry out each aircraft pro-
3 gram, together with a discussion of the procurement
4 strategies on which such estimated levels of annual
5 investment funding are based, set forth in aggregate
6 for the Department of Defense and in aggregate for
7 each military department.
8 ‘‘(D) The estimated level of annual funding
9 necessary to operate, maintain, sustain, and support
10 each aircraft program throughout the life-cycle of
11 the program, set forth in aggregate for the Depart-
12 ment of Defense and in aggregate for each military
13 department.
14 ‘‘(E) For each of the cost estimates required by
15 subparagraphs (C) and (D)—
16 ‘‘(i) a description of whether the cost esti-
17 mate is derived from the cost estimate position
18 of the military department or derived from the
19 cost estimate position of the Office of Cost
20 Analysis and Program Evaluation;
21 ‘‘(ii) if the cost estimate position of the
22 military department and the cost estimate posi-
23 tion of the Office of Cost Analysis and Program
24 Evaluation differ by more than 5 percent for
25 any aircraft program, an annotated cost esti-
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1 mate difference and sufficient rationale to ex-
2 plain the difference;
3 ‘‘(iii) the confidence or certainty level asso-
4 ciated with the cost estimate for each aircraft
5 program; and
6 ‘‘(iv) a certification that cost between dif-
7 ferent services and aircraft are based on similar
8 components in the life-cycle cost of each pro-
9 gram.
10 ‘‘(F) An assessment by the Secretary of De-
11 fense of the extent to which the combined aircraft
12 forces of the Department of the Navy, the Depart-
13 ment of the Army, and the Department of the Air
14 Force meet the national security requirements of the
15 United States.
16 ‘‘(3) For any cost estimate required by paragraph
17 (2)(C) or (D), for any aircraft program for which the Sec-
18 retary is required to include in a report under section
19 2432 of this title, the source of the cost information used
20 to prepare the annual aircraft plan, shall be sourced from
21 the Selected Acquisition Report data that the Secretary
22 plans to submit to the congressional defense committees
23 in accordance with subsection (f) of that section for the
24 year for which the annual aircraft plan is prepared.
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1 ‘‘(4) The annual aircraft procurement plan shall be
2 submitted in unclassified form and shall contain a classi-
3 fied annex. A summary version of the unclassified report
4 shall be made available to the public.
5 ‘‘(d) ASSESSMENT WHEN AIRCRAFT PROCUREMENT
6 BUDGET IS INSUFFICIENT TO MEET APPLICABLE RE-
7 QUIREMENTS.—If the budget for a fiscal year provides for
8 funding of the procurement of aircraft for the Department
9 of the Navy, the Department of the Army, or the Depart-
10 ment of the Air Force at a level that is not sufficient to
11 sustain the aviation force structure specified in the air-
12 craft procurement plan for such Department for that fis-
13 cal year under subsection (a), the Secretary shall include
14 with the defense budget materials for that fiscal year an
15 assessment that describes and discusses the risks associ-
16 ated with the reduced force structure of aircraft that will
17 result from funding aircraft procurement at such level.
18 The assessment shall be coordinated in advance with the
19 commanders of the combatant commands.
20 ‘‘(e) ANNUAL REPORT ON AIRCRAFT INVENTORY.—
21 (1) As part of the annual plan and certification required
22 to be submitted under this section, the Secretary shall in-
23 clude a report on the aircraft in the inventory of the De-
24 partment of Defense. Each such report shall include the
25 following, for the year covered by the report:
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1 ‘‘(A) The total number of aircraft in the inven-
2 tory.
3 ‘‘(B) The total number of the aircraft in the in-
4 ventory that are active, stated in the following cat-
5 egories (with appropriate subcategories for mission
6 aircraft, training aircraft, dedicated test aircraft,
7 and other aircraft):
8 ‘‘(i) Primary aircraft.
9 ‘‘(ii) Backup aircraft.
10 ‘‘(iii) Attrition and reconstitution reserve
11 aircraft.
12 ‘‘(C) The total number of the aircraft in the in-
13 ventory that are inactive, stated in the following cat-
14 egories:
15 ‘‘(i) Bailment aircraft.
16 ‘‘(ii) Drone aircraft.
17 ‘‘(iii) Aircraft for sale or other transfer to
18 foreign governments.
19 ‘‘(iv) Leased or loaned aircraft.
20 ‘‘(v) Aircraft for maintenance training.
21 ‘‘(vi) Aircraft for reclamation.
22 ‘‘(vii) Aircraft in storage.
23 ‘‘(D) The aircraft inventory requirements ap-
24 proved by the Joint Chiefs of Staff.
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1 ‘‘(2) Each report submitted under this subsection
2 shall set forth each item described in paragraph (1) sepa-
3 rately for the regular component of each armed force and
4 for each reserve component of each armed force and, for
5 each such component, shall set forth each type, model, and
6 series of aircraft provided for in the future-years defense
7 program that covers the fiscal year for which the budget
8 accompanying the plan, certification and report is sub-
9 mitted.
10 ‘‘(f) DEFINITION OF BUDGET.—In this section, the
11 term ‘budget’, with respect to a fiscal year, means the
12 budget for that fiscal year that is submitted to Congress
13 by the President under section 1105(a) of title 31.’’.
14 (b) CLERICAL AMENDMENT.—The table of sections
15 at the beginning of chapter 9 of such title is amended by
16 inserting after the item relating to section 231 the fol-
17 lowing new item:
‘‘231a. Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air
Force: Annual plan and certification.’’.
18 SEC. 172. AUTHORITY TO USE F–35 AIRCRAFT WITHHELD
19 FROM DELIVERY TO GOVERNMENT OF TUR-
20 KEY.
21 The Secretary of the Air Force is authorized to uti-
22 lize, modify, and operate the 6 F–35 aircraft that were
23 accepted by the Government of Turkey but never delivered
24 because Turkey was suspended from the F–35 program.
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1 SEC. 173. TRANSFER FROM COMMANDER OF UNITED
2 STATES STRATEGIC COMMAND TO CHAIRMAN
3 OF THE JOINT CHIEFS OF STAFF OF RESPON-
4 SIBILITIES AND FUNCTIONS RELATING TO
5 ELECTROMAGNETIC SPECTRUM OPER-
6 ATIONS.
7 (a) TRANSFER.—Not later than one year after the
8 date of the enactment of this Act and subject to subsection
9 (c), the Secretary of Defense shall transition to the Chair-
10 man of the Joint Chiefs of Staff as a Chairman’s Con-
11 trolled Activity all of the responsibilities and functions of
12 the Commander of United States Strategic Command that
13 are germane to electromagnetic spectrum operations, in-
14 cluding—
15 (1) advocacy for joint electronic warfare capa-
16 bilities,
17 (2) providing contingency electronic warfare
18 support to other combatant commands, and
19 (3) supporting combatant command joint train-
20 ing and planning related to electromagnetic spec-
21 trum operations.
22 (b) RESPONSIBILITY OF VICE CHAIRMAN OF THE
23 JOINT CHIEFS OF STAFF AS THE ELECTRONIC WARFARE
24 SENIOR DESIGNATED OFFICIAL.—The Vice Chairman of
25 the Joint Chiefs of Staff, as the Electronic Warfare Senior
26 Designated Official, shall be responsible for the following:
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1 (1) Executing the functions transitioned to the
2 Chairman of the Joint Chiefs of Staff under sub-
3 section (a).
4 (2) Overseeing, with the Chief Information Offi-
5 cer of the Department of Defense, the development
6 and implementation of the Electromagnetic Spec-
7 trum Superiority Strategy of the Department of De-
8 fense and subsequent Department-wide electro-
9 magnetic spectrum and electronic warfare strategies.
10 (3) Managing the Joint Electronic Warfare
11 Center and the Joint Electromagnetic Preparedness
12 for Advanced Combat organizations.
13 (4) Overseeing, through the Joint Requirements
14 Oversight Council and the Electromagnetic Spec-
15 trum Operations cross-functional team, the acquisi-
16 tion activities of the military services as they relate
17 to electromagnetic spectrum operations.
18 (5) Overseeing and, as appropriate, setting
19 standards for the individual and unit training pro-
20 grams of the military services and the joint training
21 and mission rehearsal programs of the combatant
22 commands as they relate to electromagnetic spec-
23 trum operations.
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1 (6) Overseeing the development of tactics, tech-
2 niques, and procedures germane to electromagnetic
3 spectrum operations.
4 (7) Overseeing the integration of electro-
5 magnetic spectrum operations into operation plans
6 and contingency plans.
7 (8) Developing and integrating into the joint
8 warfighting concept operational concepts for electro-
9 magnetic spectrum operations, including the fol-
10 lowing:
11 (A) The roles and responsibilities of each
12 of the military services and their primary con-
13 tributions to the joint force.
14 (B) The primary targets for offensive elec-
15 tromagnetic spectrum operations and their
16 alignment to the military services and relevant
17 capabilities.
18 (C) The armed forces’ positioning, scheme
19 of maneuver, kill chains, and tactics, tech-
20 niques, and procedures, as appropriate, to con-
21 duct offensive electromagnetic spectrum oper-
22 ations.
23 (D) The armed forces’ positioning, scheme
24 of maneuver, kill chains, and tactics, tech-
25 niques, and procedures, as appropriate, to de-
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1 tect, disrupt, avoid, or render ineffective adver-
2 sary electromagnetic spectrum operations.
3 (c) PERIOD OF EFFECT OF TRANSFER.—
4 (1) IN GENERAL.—The transfer required by
5 subsection (a) and the responsibilities specified in
6 subsection (b) shall remain in effect until such date
7 as the Chairman of the Joint Chiefs of Staff con-
8 siders appropriate, except that such date shall not be
9 earlier than the date that is 180 days after the date
10 on which the Chairman submits to the congressional
11 defense committees notice that—
12 (A) the Chairman has made a determina-
13 tion that—
14 (i) the military services’, geographic
15 combatant commands’, and functional
16 combatant commands’ electromagnetic
17 spectrum operations expertise, capabilities,
18 and execution are sufficiently robust; and
19 (ii) an alternative arrangement de-
20 scribed in paragraph (2) is justified; and
21 (B) the Chairman intends to transfer re-
22 sponsibilities and activities in order to carry out
23 such alternative arrangement.
24 (2) ALTERNATIVE ARRANGEMENT DE-
25 SCRIBED.—An alternative arrangement described in
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1 this paragraph is an arrangement in which certain
2 oversight, advocacy, and coordination functions allot-
3 ted to the Chairman or Vice Chairman of the Joint
4 Chiefs of Staff by subsections (a) and (b) are per-
5 formed either by a single combatant command or by
6 the individual geographic and functional combatant
7 commands responsible for executing electromagnetic
8 spectrum operations with long-term supervision by
9 the Chairman or Vice Chairman of the Joint Chiefs
10 of Staff.
11 (d) EVALUATIONS OF ARMED FORCES.—
12 (1) IN GENERAL.—The Chief of Staff of the
13 Army, the Chief of Naval Operations, the Chief of
14 Staff of the Air Force, the Commandant of the Ma-
15 rine Corps, and the Chief of Space Operations shall
16 each conduct and complete an evaluation of the
17 armed forces for their respective military services
18 and their ability to perform the electromagnetic
19 spectrum operations missions required of them in—
20 (A) the Electromagnetic Spectrum Superi-
21 ority Strategy;
22 (B) the Joint Staff-developed concept of
23 operations; and
24 (C) the operation and contingency plans of
25 the combatant commanders.
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1 (2) ELEMENTS.—Each evaluation under para-
2 graph (1) shall include assessment of the following:
3 (A) Current programs of record, includ-
4 ing—
5 (i) the ability of weapon systems to
6 perform missions in contested electro-
7 magnetic spectrum environments; and
8 (ii) the ability of electronic warfare
9 capabilities to disrupt adversary oper-
10 ations.
11 (B) Future programs of record, includ-
12 ing—
13 (i) the need for distributed or net-
14 work-centric electronic warfare and signals
15 intelligence capabilities; and
16 (ii) the need for automated and ma-
17 chine learning- or artificial intelligence-as-
18 sisted electronic warfare capabilities.
19 (C) Order of battle.
20 (D) Individual and unit training.
21 (E) Tactics, techniques, and procedures,
22 including—
23 (i) maneuver, distribution of assets,
24 and the use of decoys; and
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1 (ii) integration of nonkinetic and ki-
2 netic fires.
3 (e) EVALUATION OF COMBATANT COMMANDS.—
4 (1) IN GENERAL.—The Commander of the
5 United States European Command, the Commander
6 of the United States Pacific Command, and the
7 Commander of the United States Central Command
8 shall each conduct and complete an evaluation of the
9 plans and posture of their respective commands to
10 execute the electromagnetic spectrum operations en-
11 visioned in—
12 (A) the Electromagnetic Spectrum Superi-
13 ority Strategy; and
14 (B) the Joint Staff-developed concept of
15 operations.
16 (2) ELEMENTS.—Each evaluation under para-
17 graph (1) shall include assessment of the following:
18 (A) Operation and contingency plans.
19 (B) The manning, organizational align-
20 ment, and capability of joint electromagnetic
21 spectrum operations cells.
22 (C) Mission rehearsal and exercises.
23 (D) Force positioning, posture, and readi-
24 ness.
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1 (f) SEMIANNUAL BRIEFING.—Not less frequently
2 than twice each year until January 1, 2026, the Vice
3 Chairman of the Joint Chiefs of Staff shall brief the Com-
4 mittee on Armed Services of the Senate and the Com-
5 mittee on Armed Services of the House of Representatives
6 on the implementation of this section by each of the Joint
7 Staff, the military services, and the combatant commands.
8 SEC. 174. CRYPTOGRAPHIC MODERNIZATION SCHEDULES.
9 (a) CRYPTOGRAPHIC MODERNIZATION SCHEDULES
10 REQUIRED.—Each of the Secretaries of the military de-
11 partments and the heads of relevant defense agencies and
12 field activities shall establish and maintain a cryp-
13 tographic modernization schedule that specifies, for each
14 pertinent weapon system, command and control system,
15 or data link, including those that use commercial
16 encryption technologies, as relevant, the following:
17 (1) The expiration date or cease key date for
18 applicable cryptographic algorithms.
19 (2) Anticipated key extension requests for sys-
20 tems where cryptographic modernization is assessed
21 to be overly burdensome and expensive or to provide
22 limited operational utility.
23 (3) The funding and deployment schedule for
24 modernized cryptographic algorithms, keys, and
25 equipment over the Future Years Defense Program.
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1 (b) REQUIREMENTS FOR CHIEF INFORMATION OFFI-
2 CER.—The Chief Information Officer of the Department
3 of Defense shall—
4 (1) oversee the construction and implementa-
5 tion of the cryptographic modernization schedules
6 required by subsection (a);
7 (2) establish and maintain an integrated cryp-
8 tographic modernization schedule for the entire De-
9 partment, collating the cryptographic modernization
10 schedules required under subsection (a); and
11 (3) in coordination with the Director of the Na-
12 tional Security Agency and the Joint Staff Director
13 for Command, Control, Communications, and Com-
14 puters/Cyber, use the budget certification, standard-
15 setting, and policy-making authorities provided in
16 section 142 of title 10, United States Code, to
17 amend military service and defense agency and field
18 activity plans for key extension requests and cryp-
19 tographic modernization funding and deployment
20 that pose unacceptable risk to military operations.
21 (c) ANNUAL NOTICES.—Not later than January 1,
22 2022, and not less frequently than once each year there-
23 after until January 1, 2026, the Chief Information Officer
24 of the Department and the Joint Staff Director for Com-
25 mand, Control, Communications, and Computers/Cyber
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1 shall jointly submit to the congressional defense commit-
2 tees notification of all—
3 (1) delays to or planned delays of military serv-
4 ice and defense agency and field activity funding and
5 deployment of modernized cryptographic algorithms,
6 keys, and equipment over the previous year; and
7 (2) changes in plans or schedules surrounding
8 key extension requests and waivers, including—
9 (A) unscheduled or unanticipated key ex-
10 tension requests; and
11 (B) unscheduled or unanticipated waivers
12 and nonwaivers of scheduled or anticipated key
13 extension requests.
14 SEC. 175. PROHIBITION ON PURCHASE OF ARMED
15 OVERWATCH AIRCRAFT.
16 The Secretary of the Air Force may not purchase any
17 aircraft for the Air Force Special Operations Command
18 for the purpose of ‘‘armed overwatch’’ until such time as
19 the Chief of Staff of the Air Force certifies to the congres-
20 sional defense committees that general purpose forces of
21 the Air Force do not have the skill or capacity to provide
22 close air support and armed overwatch to United States
23 forces deployed operationally.
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1 SEC. 176. SPECIAL OPERATIONS ARMED OVERWATCH.
2 (a) PROHIBITION.—None of the funds authorized to
3 be appropriated by this Act for the Department of Defense
4 may be used to acquire armed overwatch aircraft for the
5 United States Special Operations Command, and the De-
6 partment of Defense may not acquire armed overwatch
7 aircraft for the United States Special Operations Com-
8 mand in fiscal year 2021.
9 (b) ANALYSIS REQUIRED.—
10 (1) IN GENERAL.—Not later than July 1, 2021,
11 the Secretary of Defense, in coordination with the
12 Assistant Secretary of Defense for Special Oper-
13 ations and Low Intensity Conflict and the Com-
14 mander of the United States Special Operations
15 Command, shall conduct an analysis to define the
16 special operations-peculiar requirements for armed
17 overwatch aircraft and to determine whether acquisi-
18 tion of a new special operations-peculiar platform is
19 the most cost effective means of fulfilling such re-
20 quirements.
21 (2) ELEMENTS.—At a minimum, the analysis
22 of alternatives required under paragraph (1) shall
23 include—
24 (A) a description of the concept of oper-
25 ations for employing armed overwatch aircraft
26 in support of ground forces;
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1 (B) an identification of geographic regions
2 in which armed overwatch aircraft could be de-
3 ployed;
4 (C) an identification of the most likely
5 antiaircraft threats in geographic areas where
6 armed overwatch aircraft will be deployed and
7 possible countermeasures to defeat such
8 threats;
9 (D) a defined requirement for special oper-
10 ations-peculiar armed overwatch aircraft, in-
11 cluding an identification of threshold and objec-
12 tive performance parameters for armed
13 overwatch aircraft;
14 (E) an analysis of alternatives comparing
15 various manned and unmanned aircraft in the
16 current aircraft inventory of the United States
17 Special Operations Command and a new plat-
18 form for meeting requirements for the armed
19 overwatch mission, including for each alter-
20 native considered;
21 (F) an identification of any necessary air-
22 craft modifications and the associated cost;
23 (G) the annual cost of operating and sus-
24 taining such aircraft;
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1 (H) an identification of any required mili-
2 tary construction costs;
3 (I) an explanation of how the acquisition of
4 a new armed overwatch aircraft would impact
5 the overall fleet of special operations-peculiar
6 aircraft and the availability of aircrews and
7 maintainers;
8 (J) an explanation of why existing Air
9 Force and United States Special Operations
10 Command close air support and airborne intel-
11 ligence capabilities are insufficient for the
12 armed overwatch mission; and
13 (K) any other matters determined relevant
14 by the Secretary of Defense.
15 SEC. 177. AUTONOMIC LOGISTICS INFORMATION SYSTEM
16 REDESIGN STRATEGY.
17 Not later than October 1, 2020, the Under Secretary
18 of Defense for Acquisition and Sustainment, in consulta-
19 tion with the F–35 Program Executive Officer, shall—
20 (1) submit to the congressional defense commit-
21 tees a report describing a program-wide process for
22 measuring, collecting, and tracking information on
23 how the Autonomic Logistics Information System
24 (ALIS) is affecting the performance of the F–35
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1 fleet, including its effects on mission capability
2 rates; and
3 (2) implement a strategy for the redesign of
4 ALIS, including the identification and assessment of
5 goals, key risks or uncertainties, and costs of rede-
6 signing the system.
7 SEC. 178. CONTRACT AVIATION SERVICES IN A COUNTRY
8 OR IN AIRSPACE IN WHICH A SPECIAL FED-
9 ERAL AVIATION REGULATION APPLIES.
10 (a) IN GENERAL.—When the Department of Defense
11 contracts for aviation services to be performed in a foreign
12 country, or in airspace, in which a Special Federal Avia-
13 tion Regulation issued by the Federal Aviation Adminis-
14 tration would preclude operation of such aviation services
15 by an air carrier or commercial operator of the United
16 States, the Secretary of Defense (or a designee of the Sec-
17 retary) shall—
18 (1) obtain approval from the Administrator of
19 the Federal Aviation Administration (or a designee
20 of the Administrator) for the air carrier or commer-
21 cial operator of the United States to deviate from
22 the Special Federal Aviation Regulation to the ex-
23 tent necessary to perform such aviation services;
24 (2) designate the aircraft of the air carrier or
25 commercial operator of the United States to be
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1 State Aircraft of the United States when performing
2 such aviation services; or
3 (3) use organic aircraft to perform such avia-
4 tion services in lieu of aircraft of an air carrier or
5 commercial operator of the United States.
6 (b) CONSTRUCTION OF DESIGNATION.—The designa-
7 tion of aircraft of an air carrier or commercial operator
8 of the United States as State Aircraft of the United States
9 under subsection (a)(2) shall have no effect on Federal
10 Aviation Administration requirements for—
11 (1) safety oversight responsibility for the oper-
12 ation of aircraft so designated, except for those ac-
13 tivities prohibited or restricted by an applicable Spe-
14 cial Federal Aviation Regulation; and
15 (2) any previously issued nonpremium aviation
16 insurance or reinsurance policy issued to the air car-
17 rier or commercial operator of the United States for
18 the duration of aviation services performed as a
19 State Aircraft of the United States under that sub-
20 section.
21 SEC. 179. F–35 AIRCRAFT MUNITIONS.
22 The Secretary of the Air Force and the Secretary of
23 the Navy shall qualify and certify, for the use of United
24 States forces, additional munitions on the F–35 aircraft
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1 that are already qualified on NATO member F–35 partner
2 aircraft.
3 SEC. 180. AIRBORNE INTELLIGENCE, SURVEILLANCE, AND
4 RECONNAISSANCE ACQUISITION ROADMAP
5 FOR UNITED STATES SPECIAL OPERATIONS
6 COMMAND.
7 (a) IN GENERAL.—Not later than December 1, 2021,
8 the Assistant Secretary of Defense for Special Operations
9 and Low-Intensity Conflict and the Commander of the
10 United States Special Operations Command shall jointly
11 submit to the congressional defense committees an acqui-
12 sition roadmap to meet the manned and unmanned air-
13 borne intelligence, surveillance, and reconnaissance re-
14 quirements of United States Special Operations Forces.
15 (b) ELEMENTS.—The roadmap required under sub-
16 section (a) shall include, at a minimum, the following:
17 (1) A description of the current platform re-
18 quirements for manned and unmanned airborne in-
19 telligence, surveillance, and reconnaissance capabili-
20 ties to support United States Special Operations
21 Forces.
22 (2) An analysis of the remaining service life of
23 existing manned and unmanned airborne intel-
24 ligence, surveillance, and reconnaissance capabilities
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1 currently operated by United States Special Oper-
2 ations Forces.
3 (3) An identification of any current or antici-
4 pated special operations-peculiar capability gaps.
5 (4) A description of the future manned and un-
6 manned intelligence, surveillance, and reconnais-
7 sance platform requirements of the United States
8 Special Operations Forces, including range, payload,
9 endurance, ability to operate in contested environ-
10 ments, and other requirements as appropriate.
11 (5) An explanation of the anticipated mix of
12 manned and unmanned aircraft, number of plat-
13 forms, and associated aircrew and maintainers.
14 (6) An explanation of the extent to which serv-
15 ice-provided manned and unmanned airborne intel-
16 ligence, surveillance, and reconnaissance capabilities
17 will be required in support of United States Special
18 Operations Forces and how such capabilities will
19 supplement and integrate with the organic capabili-
20 ties possessed by United States Special Operations
21 Forces.
22 (7) Any other matters deemed relevant by the
23 Assistant Secretary and Commander.
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1 SEC. 181. REQUIREMENT TO ACCELERATE THE FIELDING
2 AND DEVELOPMENT OF COUNTER UN-
3 MANNED AERIAL SYSTEMS ACROSS THE
4 JOINT FORCE.
5 (a) PRIORITY OBJECTIVES FOR EXECUTIVE AGENT
6 FOR C–UAS.—The Executive Agent of the Joint Counter
7 Small Unmanned Aerial Systems (C-sUAS) Office, as des-
8 ignated by the Under Secretary of Defense, Acquisition
9 and Sustainment, shall prioritize the following objectives:
10 (1) Select counter unmanned aerial systems
11 that can be fielded as early as fiscal year 2021 to
12 meet immediate operational needs in countering
13 Group 1, 2, and 3 unmanned aerial systems with the
14 potential to expand to other larger systems.
15 (2) Devise and execute a near-term plan to de-
16 velop and field a select set of counter unmanned aer-
17 ial systems to meet joint force requirements, begin-
18 ning in fiscal year 2021.
19 (b) FIELDING C–UAS SYSTEMS IN FISCAL YEAR
20 2021.—Pursuant to subsection (a)(1), the Executive
21 Agent shall prioritize the selection of counter unmanned
22 aerial systems that can be fielded in fiscal year 2021 with
23 specific emphasis on systems that—
24 (1) have undergone effective combat validations;
25 (2) meet the operational demands of deployed
26 forces facing the most significant threats, especially
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1 unmanned aerial systems that are not remotely pi-
2 loted or are not reliant on a command link; and
3 (3) utilize autonomous systems and processes
4 that increase operational effectiveness, reduce the
5 manning demands on operational forces, and limit
6 the need for government-funded contractor logistics
7 support.
8 (c) NEAR-TERM DEVELOPMENT PLAN.—The plan for
9 the near-term development of counter unmanned aerial
10 systems prioritized under subsection (a)(2) shall ensure,
11 at a minimum, that the development of such systems—
12 (1) builds, as much as practicable, upon sys-
13 tems that were selected for fielding in fiscal year
14 2021 and the criteria prioritized for their selection,
15 as specified in subsection (b);
16 (2) reduces or accelerates the timeline for initial
17 operational capability and full operational capability;
18 (3) utilizes a software-defined, family-of-sys-
19 tems approach that enables the flexible and contin-
20 uous integration of different types of sensors and
21 mitigation solutions based on the different demands
22 of particular military installations and deployed
23 forces, physical geographies, and threat profiles; and
24 (4) gives preference to commercial items, as re-
25 quired in section 3307 of title 41, United States
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1 Code, when making selections of counter unmanned
2 aerial systems or component parts, including a com-
3 mon command and control system.
4 (d) BRIEFING.—Not later than 60 days after the date
5 of the enactment of this Act, the Executive Agent shall
6 brief the congressional defense committees on the selection
7 process for counter unmanned aerial systems capabilities
8 prioritized under paragraph (1) of subsection (a) and the
9 plan prioritized under paragraph (2) of such subsection.
10 (e) OVERSIGHT.—The Executive Agent shall—
11 (1) oversee the program management and exe-
12 cution of all counter unmanned aerial systems being
13 developed within the military departments on the
14 day before the date of the enactment of this Act;
15 and
16 (2) ensure that the plan prioritized under sub-
17 section (a)(2) guides future programmatic and fund-
18 ing decisions for activities relating to counter un-
19 manned aerial systems, including cancellation of
20 such activities.
21 SEC. 182. JOINT ALL DOMAIN COMMAND AND CONTROL RE-
22 QUIREMENTS.
23 (a) PRODUCTION OF REQUIREMENTS BY JOINT RE-
24 QUIREMENTS OVERSIGHT COUNCIL.—Not later than Oc-
25 tober 1, 2020, the Joint Requirements and Oversight
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1 Council (JROC) shall produce requirements for the Joint
2 All Domain Command and Control (JADC2) program.
3 (b) AIR FORCE CERTIFICATION.—Immediately after
4 the certification of requirements produced under sub-
5 section (a), the Chief of Staff of the Air Force shall submit
6 to the congressional defense committees a certification
7 that the current JADC2 effort, including programmatic
8 and architecture efforts, being led by the Air Force will
9 meet the requirements laid out by the JROC.
10 (c) CERTIFICATION BY OTHER SERVICES.— Not
11 later than January 1, 2021, the chief of each other mili-
12 tary service shall submit to the congressional defense com-
13 mittees a certification whether that service’s efforts on
14 multi-domain command and control are compatible with
15 the Air Force-led JADC2 architecture.
16 (d) BUDGETING.—The Secretary of Defense shall in-
17 corporate the expected costs for full development and im-
18 plementation of the JADC2 program across the Depart-
19 ment in the President’s budget submission to Congress for
20 fiscal year 2022 under section 1105 of title 31, United
21 States Code.
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1 TITLE II—RESEARCH, DEVELOP-
2 MENT, TEST, AND EVALUA-
3 TION
4 Subtitle A—Authorization of
5 Appropriations
6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
7 Funds are hereby authorized to be appropriated for
8 fiscal year 2021 for the use of the Department of Defense
9 for research, development, test, and evaluation, as speci-
10 fied in the funding table in section 4201.
11 Subtitle B—Program Require-
12 ments, Restrictions, and Limita-
13 tions
14 SEC. 211. DESIGNATION AND ACTIVITIES OF SENIOR OFFI-
15 CIALS FOR CRITICAL TECHNOLOGY AREAS
16 SUPPORTIVE OF THE NATIONAL DEFENSE
17 STRATEGY.
18 (a) DESIGNATION OF SENIOR OFFICIALS.—The
19 Under Secretary for Research and Engineering shall des-
20 ignate a set of senior officials to coordinate research and
21 engineering in such technology areas as the Under Sec-
22 retary considers critical for the support of the National
23 Defense Strategy.
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1 (b) DUTIES.—The duties of the senior officials des-
2 ignated under subsection (a) shall include, within their re-
3 spective technology areas—
4 (1) developing and continuously updating re-
5 search and technology development roadmaps, asso-
6 ciated funding strategies, and associated technology
7 transition strategies to ensure effective and efficient
8 development of new capabilities and operational use
9 of appropriate technologies;
10 (2) annual assessments of workforce, infra-
11 structure, and industrial base capabilities and capac-
12 ity to support the roadmaps developed under para-
13 graph (1) and the goals of the National Defense
14 Strategy;
15 (3) reviewing the relevant research and engi-
16 neering budgets of appropriate organizations within
17 the Department of Defense, including the military
18 services, and advising the Under Secretary on—
19 (A) the consistency of the budgets with the
20 roadmaps developed under paragraph (1);
21 (B) any technical and programmatic risks
22 to achieving the research and technology devel-
23 opment goals of the National Defense Strategy;
24 and
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1 (C) projects and activities with unwanted
2 or inefficient duplication, including with other
3 government agencies and the commercial sector,
4 lack of appropriate coordination with relevant
5 organizations, or inappropriate alignment with
6 organizational missions and capabilities;
7 (4) coordinating research and engineering ac-
8 tivities of the Department with appropriate inter-
9 national, interagency, and private sector organiza-
10 tions; and
11 (5) tasking the appropriate intelligence agencies
12 to develop a direct comparison between the capabili-
13 ties of the United States and the capabilities of ad-
14 versaries of the United States.
15 (c) ANNUAL REPORTS.—
16 (1) IN GENERAL.—Not later than December 1,
17 2021, and not later than December 1 of each year
18 thereafter until December 1, 2025, the Under Sec-
19 retary shall submit to the congressional defense com-
20 mittees a report of successful examples of research
21 and engineering activities that have—
22 (A) achieved significant technical progress;
23 (B) transitioned to formal acquisition pro-
24 grams;
25 (C) transitioned into operational use; or
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1 (D) transferred for further commercial de-
2 velopment or commercial sales.
3 (2) FORM.—Each report submitted under para-
4 graph (1) shall be submitted in a publicly releasable
5 format, but may include a classified annex.
6 (d) COORDINATION OF RESEARCH AND ENGINEER-
7 ING ACTIVITIES.—The Service Acquisition Executive for
8 each military services and the Director of the Defense Ad-
9 vanced Research Projects Agency shall each identify sen-
10 ior officials to ensure coordination of appropriate research
11 and engineering activities with each of the senior officials
12 designated under subsection (a).
13 SEC. 212. GOVERNANCE OF FIFTH-GENERATION WIRELESS
14 NETWORKING IN THE DEPARTMENT OF DE-
15 FENSE.
16 (a) IN GENERAL.—In carrying out the responsibil-
17 ities established in section 142 of title 10, United States
18 Code, the Chief Information Officer (CIO) of the Depart-
19 ment of Defense shall—
20 (1) lead the cross-functional team established
21 pursuant to subsection (c); and
22 (2) serve as the senior designated official for
23 fifth-generation wireless networking (commonly
24 known as ‘‘5G’’) policy, oversight, guidance, re-
25 search, and coordination in the Department.
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1 (b) RESPONSIBILITIES.—The Chief Information Offi-
2 cer shall have, with respect to authorities referenced in
3 subsection (a), the following responsibilities:
4 (1) Proposing governance, management, and or-
5 ganizational policy for fifth-generation wireless net-
6 working to the Secretary of Defense, in consultation
7 with the heads of the constituent organizations of
8 the cross-functional team established pursuant to
9 subsection (c).
10 (2) Leading the cross-functional team estab-
11 lished pursuant to subsection (c).
12 (c) CROSS-FUNCTIONAL TEAM FOR FIFTH-GENERA-
13 TION WIRELESS NETWORKING.—
14 (1) ESTABLISHMENT REQUIRED.—The Sec-
15 retary of Defense shall, in accordance with section
16 911(c) of the National Defense Authorization Act
17 for Fiscal Year 2017 (Public Law 114–328; 10
18 U.S.C. 111 note), establish a cross-functional team
19 for fifth-generation wireless networking in order—
20 (A) to advance the adoption of commer-
21 cially available next generation wireless commu-
22 nication technologies, capabilities, security, and
23 applications by the Department of Defense and
24 the defense industrial base; and
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1 (B) to support public-private partnership
2 between the Department and industry regard-
3 ing fifth-generation wireless networking.
4 (2) PURPOSE.—The purpose of the cross-func-
5 tional team established pursuant to paragraph (1)
6 shall be the—
7 (A) oversight of the implementation of the
8 strategy developed as required by section 254 of
9 the National Defense Authorization Act for Fis-
10 cal Year 2020 (Public Law 116–92) for har-
11 nessing fifth-generation wireless networking
12 technologies, coordinated across all relevant ele-
13 ments of the Department;
14 (B) coordination of research and develop-
15 ment, implementation and acquisition activities,
16 warfighting concept development, spectrum pol-
17 icy, industrial policy and commercial outreach
18 and partnership relating to fifth-generation
19 wireless networking in the Department, and
20 interagency and international engagement;
21 (C) integration of the Department’s fifth-
22 generation wireless networking programs and
23 policies with major Department initiatives, pro-
24 grams, and policies surrounding secure micro-
25 electronics and command and control; and
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1 (D) oversight, coordination, execution, and
2 leadership of initiatives to advance fifth-genera-
3 tion wireless network technologies and associ-
4 ated applications developed for the Department.
5 (d) ROLES AND RESPONSIBILITIES.—The Secretary
6 of Defense, through the cross-functional team established
7 under subsection (c), shall define the roles of the organiza-
8 tions within the Office of the Secretary of Defense, De-
9 partment of Defense intelligence components, military
10 services, defense agencies and field activities, combatant
11 commands, and the Joint Staff, for fifth-generation wire-
12 less networking policy and programs within the Depart-
13 ment.
14 (e) BRIEFING.—Not later than March 15, 2021, the
15 Secretary shall submit to the congressional defense com-
16 mittees a briefing on the establishment of the cross-func-
17 tional team pursuant to subsection (c) and the roles and
18 responsibilities defined pursuant to subsection (d).
19 (f) RULE OF CONSTRUCTION.—
20 (1) IN GENERAL.—Nothing in this section shall
21 be construed as providing the Chief Information Of-
22 ficer immediate responsibility for the Department’s
23 activities in fifth-generation wireless networking ex-
24 perimentation and science and technology develop-
25 ment.
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1 (2) PURVIEW OF EXPERIMENTATION AND
2 SCIENCE AND TECHNOLOGY DEVELOPMENT.—The
3 activities described in paragraph (1) shall remain
4 within the purview of the Under Secretary of De-
5 fense for Research and Engineering, but shall in-
6 form and be informed by the activities of the cross-
7 functional team established pursuant to subsection
8 (c).
9 SEC. 213. APPLICATION OF ARTIFICIAL INTELLIGENCE TO
10 THE DEFENSE REFORM PILLAR OF THE NA-
11 TIONAL DEFENSE STRATEGY.
12 (a) IDENTIFICATION OF USE CASES.—The Secretary
13 of Defense, acting through such officers and employees of
14 the Department of Defense as the Secretary considers ap-
15 propriate, including the chief data officers and chief man-
16 agement officers of the military departments, shall iden-
17 tify a set of no fewer than five use cases of the application
18 of existing artificial intelligence enabled systems to sup-
19 port improved management of enterprise acquisition, per-
20 sonnel, audit, or financial management functions, or other
21 appropriate management functions, that are consistent
22 with reform efforts that support the National Defense
23 Strategy.
24 (b) PROTOTYPING ACTIVITIES ALIGNED TO USE
25 CASES.—The Secretary, acting through the Under Sec-
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1 retary of Defense for Research and Engineering and in
2 coordination with the Director of the Joint Artificial Intel-
3 ligence Center and such other officers and employees as
4 the Secretary considers appropriate, shall pilot technology
5 development and prototyping activities that leverage com-
6 mercially available technologies and systems to dem-
7 onstrate new artificial intelligence enabled capabilities to
8 support the use cases identified under subsection (a).
9 (c) BRIEFING.—Not later than October 1, 2021, the
10 Secretary shall provide to the congressional defense com-
11 mittees a briefing summarizing the activities carried out
12 under this section.
13 SEC. 214. EXTENSION OF AUTHORITIES TO ENHANCE INNO-
14 VATION AT DEPARTMENT OF DEFENSE LAB-
15 ORATORIES.
16 (a) EXTENSION OF PILOT PROGRAM FOR THE EN-
17 HANCEMENT OF THE RESEARCH, DEVELOPMENT, TEST,
18 AND EVALUATION CENTERS OF THE DEPARTMENT OF
19 DEFENSE.—Section 233(e) of the National Defense Au-
20 thorization Act for Fiscal Year 2017 (Public Law 114–
21 328; 10 U.S.C. 2358 note) is amended by striking ‘‘Sep-
22 tember 30, 2022’’ and inserting ‘‘September 30, 2025’’.
23 (b) EXTENSION OF PILOT PROGRAM TO IMPROVE IN-
24 CENTIVES FOR TECHNOLOGY TRANSFER FROM DEPART-
25 MENT OF DEFENSE LABORATORIES.—Subsection (e) of
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1 section 233 of the National Defense Authorization Act for
2 Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2514
3 note) is amended to read as follows:
4 ‘‘(e) SUNSET.—The pilot program under this section
5 shall terminate on September 30, 2025.’’.
6 SEC. 215. UPDATES TO DEFENSE QUANTUM INFORMATION
7 SCIENCE AND TECHNOLOGY RESEARCH AND
8 DEVELOPMENT PROGRAM.
9 Section 234 of the John S. McCain National Defense
10 Authorization Act for Fiscal year 2019 (Public Law 115–
11 232; 10 U.S.C. 2358 note), as amended by section 220
12 of the National Defense Authorization Act for Fiscal Year
13 2020 (Public Law 116–92), is further amended—
14 (1) by redesignating subsection (e) as sub-
15 section (f); and
16 (2) by inserting after subsection (d) the fol-
17 lowing new subsection (e):
18 ‘‘(e) USE OF QUANTUM COMPUTING CAPABILI-
19 TIES.—The Secretary of each military department shall—
20 ‘‘(1) develop and annually update a list of tech-
21 nical problems and research challenges which are
22 likely to be addressable by quantum computers avail-
23 able for use within in the next one to three years,
24 with a priority for technical problems and challenges
25 where quantum computing systems have perform-
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1 ance advantages over traditional computing systems,
2 in order to enhance the capabilities of such quantum
3 computers and support the addressing of relevant
4 technical problems and research challenges; and
5 ‘‘(2) establish programs and enter into agree-
6 ments with appropriate medium and small busi-
7 nesses with functional quantum computing capabili-
8 ties to provide such private sector capabilities to gov-
9 ernment, industry, and academic researchers work-
10 ing on relevant technical problems and research ac-
11 tivities.’’.
12 SEC. 216. PROGRAM OF PART-TIME AND TERM EMPLOY-
13 MENT AT DEPARTMENT OF DEFENSE
14 SCIENCE AND TECHNOLOGY REINVENTION
15 LABORATORIES OF FACULTY AND STUDENTS
16 FROM INSTITUTIONS OF HIGHER EDU-
17 CATION.
18 (a) PROGRAM REQUIRED.—Not later than 180 days
19 after the date of the enactment of this Act, the Secretary
20 of Defense shall establish a program to provide part-time
21 or term employment in Department of Defense science
22 and technology reinvention laboratories for—
23 (1) faculty of institutions of higher education
24 who have expertise in science, technology, engineer-
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1 ing, or mathematics to conduct research projects in
2 such laboratories; and
3 (2) students at such institutions to assist such
4 faculty in conducting such research projects.
5 (b) NUMBER OF POSITIONS.—
6 (1) IN GENERAL.—Not later than one year
7 after the date of the commencement of the program
8 established under subsection (a), the Secretary shall,
9 under such program, establish at least 10 positions
10 of employment described in such subsection for fac-
11 ulty described in paragraph (1) of such subsection.
12 (2) ARTIFICIAL INTELLIGENCE AND MACHINE
13 LEARNING.—Of the positions established under
14 paragraph (1), at least five of such positions shall be
15 for faculty conducting research in the area of artifi-
16 cial intelligence and machine learning.
17 (c) SELECTION.—The Secretary, acting through the
18 directors of the laboratories described in subsection (a),
19 shall select faculty described in paragraph (1) of such sub-
20 section for participation in the program established under
21 such subsection on the basis of—
22 (1) the academic credentials and research expe-
23 rience of the faculty;
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1 (2) the potential contribution to Department
2 objectives by the research that will be conducted by
3 the faculty under the program; and
4 (3) the qualifications of any students who will
5 be assisting the faculty in such research and the role
6 and credentials of such students.
7 (d) AUTHORITIES.—In carrying out the program es-
8 tablished under subsection (a), the Secretary and the di-
9 rectors of the laboratories described in such subsection
10 may—
11 (1) use any hiring authority available to the
12 Secretary or the directors, including any authority
13 available under a laboratory demonstration program,
14 direct hiring authority under section 1599h of title
15 10, United States Code, and expert hiring authority
16 under section 3109 of title 5, United States Code;
17 (2) utilize cooperative research and development
18 agreements under section 12 of the Stevenson-
19 Wydler Technology Innovation Act of 1980 (15
20 U.S.C. 3710a) to enable sharing of research and ex-
21 pertise with institutions of higher education and the
22 private sector; and
23 (3) provide referral bonuses to program partici-
24 pants who identify students to assist in a research
25 project under the program or to participate in lab-
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1 oratory internship programs and the Pathways In-
2 ternship Program.
3 (e) ANNUAL REPORTS.—
4 (1) IN GENERAL.—Not later than one year
5 after the date of the enactment of this Act and not
6 less frequently than once each year thereafter until
7 the date that is three years after the date of the en-
8 actment of this Act, the Secretary shall submit to
9 Congress a report on the program established under
10 subsection (a).
11 (2) CONTENTS OF FIRST REPORT.—The first
12 report submitted under paragraph (1) shall address,
13 at a minimum, the following:
14 (A) The number of faculty and students
15 employed under the program.
16 (B) The laboratories employing such fac-
17 ulty and students.
18 (C) The types of research conducted or to
19 be conducted by such faculty or students.
20 (3) CONTENTS OF SUBSEQUENT REPORTS.—
21 Each report submitted under paragraph (1) after
22 the first report shall address, at a minimum, the fol-
23 lowing:
24 (A) The matters set forth in subpara-
25 graphs (A) through (C) of paragraph (2).
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1 (B) The number of interns and recent col-
2 lege graduates hired pursuant to referrals
3 under subsection (d)(3).
4 (C) The results of research conducted
5 under the program.
6 (f) DEPARTMENT OF DEFENSE SCIENCE AND TECH-
7 NOLOGY REINVENTION LABORATORY DEFINED.—In this
8 section, the term ‘‘Department of Defense science and
9 technology reinvention laboratory’’ means the entities des-
10 ignated by section 1105(a) of the National Defense Au-
11 thorization Act for Fiscal Year 2010 (Public Law 111–
12 84; 10 U.S.C. 2358 note).
13 SEC. 217. IMPROVEMENTS TO TECHNOLOGY AND NATIONAL
14 SECURITY FELLOWSHIP OF DEPARTMENT OF
15 DEFENSE.
16 (a) MODIFICATION REGARDING BASIC PAY.—Sub-
17 section (a)(4)(A) of section 235 of the National Defense
18 Authorization Act for Fiscal Year 2020 (Public Law 116–
19 92) is amended—
20 (1) by striking ‘‘equivalent to’’ and inserting
21 ‘‘not less than’’; and
22 (2) by inserting ‘‘and not more than the rate of
23 basic pay payable for a position at level 15 of such
24 schedule’’ before the semicolon.
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1 (b) BACKGROUND CHECKS.—Subsection (b) of such
2 section is amended by adding at the end the following new
3 paragraph:
4 ‘‘(3) BACKGROUND CHECK REQUIREMENT.—No
5 individual may participate in the fellows program
6 without first undergoing a background check that
7 the Secretary considers appropriate for participation
8 in the fellows program.’’.
9 SEC. 218. DEPARTMENT OF DEFENSE RESEARCH, DEVELOP-
10 MENT, AND DEPLOYMENT OF TECHNOLOGY
11 TO SUPPORT WATER SUSTAINMENT.
12 (a) IN GENERAL.—The Secretary of Defense shall re-
13 search, develop, and deploy advanced technologies that
14 support water sustainment with technologies that capture
15 ambient humidity and harvest, recycle, and reuse water.
16 (b) GOAL.—Under subsection (a), the Secretary shall
17 seek to develop water systems that reduce weight and lo-
18 gistics support and transition such advanced technologies
19 for use by expeditionary forces by January 1, 2025.
20 (c) MODULAR PLATFORMS.—In carrying out sub-
21 section (a), the Secretary shall develop the following:
22 (1) Modular platforms that are easily transport-
23 able.
24 (2) Trailer mounted systems that will reduce
25 resupply.
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1 (3) Storage requirements at forward operating
2 bases.
3 (d) PARTNERSHIPS AND EXISTING TECHNIQUES AND
4 TECHNOLOGIES.—In carrying out subsection (a), the Sec-
5 retary shall seek—
6 (1) to enter into partnerships with foreign mili-
7 taries and organizations that have proven they have
8 the ability to operate in water constrained areas;
9 (2) to leverage existing techniques and tech-
10 nologies; and
11 (3) to apply such techniques and technologies to
12 military operations carried out by the United States.
13 (e) COMMERCIAL OFF-THE-SHELF TECH-
14 NOLOGIES.—In carrying out subsection (a), in addition to
15 technology described in such subsection, the Secretary
16 shall consider using commercial off-the-shelf technologies
17 for cost savings and near ready deployment technologies
18 to enable warfighters to be more self-sufficient.
19 (f) CROSS FUNCTIONAL TEAMS.—In carrying out
20 subsection (a), the Secretary shall establish cross func-
21 tional teams to determine regions where deployment of
22 water harvesting technologies could reduce conflict and po-
23 tentially eliminate the need for the presence of the Armed
24 Forces.
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1 SEC. 219. DEVELOPMENT AND TESTING OF HYPERSONIC
2 CAPABILITIES.
3 (a) SENSE OF CONGRESS ON HYPERSONIC CAPABILI-
4 TIES.—It is the sense of Congress that development of
5 hypersonic capabilities is a key element of the National
6 Defense Strategy.
7 (b) IMPROVING GROUND-BASED TEST FACILITIES.—
8 The Secretary of Defense shall take such actions as may
9 be necessary to improve ground-based test facilities for the
10 development of hypersonic capabilities, such as improving
11 wind tunnels.
12 (c) INCREASING FLIGHT TEST RATE.—The Sec-
13 retary shall increase the flight test rate to expedite the
14 maturation and fielding of hypersonic technologies.
15 (d) STRATEGY AND PLAN.—
16 (1) IN GENERAL.—Not later than December 30,
17 2020, the Under Secretary of Defense for Research
18 and Engineering, in consultation with the Chief of
19 Staff of the Air Force, shall submit to the congres-
20 sional defense committees an executable strategy
21 and plan to field air-launched and air-breathing
22 hypersonic weapons capability before the date that is
23 three years after the date of the enactment of this
24 Act.
25 (2) TESTING AND INFRASTRUCTURE.—The
26 strategy and plan submitted under paragraph (1)
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1 shall cover required investments in testing and infra-
2 structure to address the need for both flight and
3 ground testing.
4 SEC. 220. DISCLOSURE REQUIREMENTS FOR RECIPIENTS
5 OF DEPARTMENT OF DEFENSE RESEARCH
6 AND DEVELOPMENT GRANTS.
7 (a) DISCLOSURE REQUIREMENTS.—
8 (1) IN GENERAL.—Chapter 139 of title 10,
9 United States Code, is amended by adding at the
10 end the following new section:
11 ‘‘§ 2374b. Disclosure requirements for recipients of
12 research and development grants
13 ‘‘An individual or entity (including a State or local
14 government) that receives Department of Defense grant
15 funds for research and development shall clearly state in
16 any statement, press release, or other document describing
17 the program, project, or activity funded through such
18 grant funds, other than a communication containing not
19 more than 280 characters, the dollar amount of Depart-
20 ment grant funds made available for the program, project,
21 or activity.’’.
22 (2) CLERICAL AMENDMENT.—The table of sec-
23 tions at the beginning of chapter 139 of such title
24 is amended by adding at the end the following new
25 item:
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‘‘2374b. Disclosure requirements for recipients of research and development
grants.’’.
1 (b) EFFECTIVE DATE.—The amendments made by
2 subsection (a) shall take effect on October 1, 2021, and
3 shall apply with respect to grants for research and devel-
4 opment that are awarded by the Department of Defense
5 on or after that date.
6 Subtitle C—Plans, Reports, and
7 Other Matters
8 SEC. 231. ASSESSMENT ON UNITED STATES NATIONAL SE-
9 CURITY EMERGING BIOTECHNOLOGY EF-
10 FORTS AND CAPABILITIES AND COMPARISON
11 WITH ADVERSARIES.
12 (a) ASSESSMENT AND COMPARISON REQUIRED.—
13 (1) IN GENERAL.—The Secretary of Defense,
14 acting through the Under Secretary of Defense for
15 Research and Engineering and the Under Secretary
16 of Defense for Intelligence, shall conduct an assess-
17 ment and direct comparison of capabilities in emerg-
18 ing biotechnologies for national security purposes,
19 including applications in material, manufacturing,
20 and health, between the capabilities of the United
21 States and the capabilities of adversaries of the
22 United States.
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1 (2) ELEMENTS.—The assessment and compari-
2 son carried out under paragraph (1) shall include
3 the following:
4 (A) An evaluation of the quantity, quality,
5 and progress of United States fundamental and
6 applied research for emerging biotechnology ini-
7 tiatives for national security purposes.
8 (B) An assessment of the resourcing of
9 United States efforts to harness emerging bio-
10 technology capabilities for national security pur-
11 poses, including the supporting facilities, test
12 infrastructure, and workforce.
13 (C) An intelligence assessment of adver-
14 sary emerging biotechnology capabilities and re-
15 search as well as an assessment of adversary in-
16 tent and willingness to use emerging biotech-
17 nologies for national security purposes.
18 (D) An assessment of the analytic and
19 operational subject matter expertise necessary
20 to assess rapidly-evolving foreign military devel-
21 opments in biotechnology, and the current state
22 of the workforce in the intelligence community
23 (E) Recommendations to improve and ac-
24 celerate United States capabilities in emerging
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1 biotechnologies and the associated intelligence
2 community expertise.
3 (F) Such other matters as the Secretary
4 considers appropriate.
5 (b) REPORT.—
6 (1) IN GENERAL.—Not later than February 1,
7 2021, the Secretary shall submit to the congres-
8 sional defense committees a report on the assess-
9 ment carried out under subsection (a).
10 (2) FORM.—The report submitted under para-
11 graph (1) shall be submitted in the following for-
12 mats—
13 (A) unclassified form, which may include a
14 classified annex; and
15 (B) publically releasable form, representing
16 appropriate information from the report under
17 subparagraph (A).
18 (c) DEFINITION OF INTELLIGENCE COMMUNITY.—In
19 this subsection, the term ‘‘intelligence community’’ has the
20 meaning given such term in section 3 of the National Se-
21 curity Act of 1947 (50 U.S.C. 3003).
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1 SEC. 232. INDEPENDENT COMPARATIVE ANALYSIS OF EF-
2 FORTS BY CHINA AND THE UNITED STATES
3 TO RECRUIT AND RETAIN RESEARCHERS IN
4 NATIONAL SECURITY-RELATED FIELDS.
5 (a) AGREEMENT.—
6 (1) IN GENERAL.—The Secretary of Defense
7 shall seek to enter into an agreement with the Na-
8 tional Academies of Sciences, Engineering, and Med-
9 icine for the National Academies of Sciences, Engi-
10 neering, and Medicine to perform the services cov-
11 ered by this section.
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
15 of this Act.
16 (b) REVIEW.—
17 (1) IN GENERAL.—Under an agreement be-
18 tween the Secretary and the National Academies of
19 Sciences, Engineering, and Medicine under this sec-
20 tion, the National Academies of Sciences, Engineer-
21 ing, and Medicine shall carry out a comparative
22 analysis of efforts by China and the United States
23 Government to recruit and retain domestic and for-
24 eign researchers and develop recommendations for
25 the Department of Defense.
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1 (2) ELEMENTS.—The comparative analysis car-
2 ried out under paragraph (1) and the recommenda-
3 tions developed under such paragraph shall include
4 the following:
5 (A) A list of the ‘‘talent programs’’ used
6 by China and a list of the incentive programs
7 used by the United States to recruit and retain
8 relevant 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 aca-
14 demia, the Department of Defense Science and
15 Technology Reinvention Laboratories, and na-
16 tional security science and engineering pro-
17 grams of the National Nuclear Security Admin-
18 istration targeted by the talent programs listed
19 under subparagraph (A).
20 (D) The number of personnel currently
21 participating in the talent programs listed
22 under subparagraph (A) and the number of re-
23 searchers currently participating in the incen-
24 tive programs listed under such subparagraph.
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1 (E) The incentives offered by each of the
2 talent programs listed under subparagraph (A)
3 and a description of the incentives offered
4 through incentive programs under such sub-
5 paragraph to recruit and retain researchers, sci-
6 entists, and other technical experts.
7 (F) A characterization of the national se-
8 curity, 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 recommenda-
15 tions relating to policies that can be imple-
16 mented by the United States, especially the De-
17 partment of Defense, to improve the relative ef-
18 fectiveness of United States activities to recruit
19 and retain researchers, scientists, and other
20 technical experts relative to China.
21 (c) REPORT.—
22 (1) IN GENERAL.—Not later than one year
23 after the date of the execution of an agreement
24 under subsection (a), the National Academies of
25 Sciences, Engineering, and Medicine shall submit to
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1 the congressional defense committees a report on the
2 findings National Academies of Sciences, Engineer-
3 ing, and Medicine with respect to the review carried
4 out under this section and the recommendations de-
5 veloped under this 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 classi-
9 fied 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
17 the maturity, performance, and cost of covered tech-
18 nologies in order to provide additional options for pro-
19 viders of fifth-generation (5G) wireless networking serv-
20 ices.
21 (b) COVERED TECHNOLOGIES.—For purposes of this
22 section, a covered technology is—
23 (1) a disaggregated or virtualized radio access
24 network and core where components can be provided
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1 by different vendors and interoperate through open
2 protocols and interfaces; and
3 (2) one or more massive multiple input and
4 multiple output radio arrays provided by United
5 States companies that have the potential to compete
6 favorably with radios produced by foreign companies
7 in terms of cost, performance, and efficiency.
8 (c) LOCATION.—The Secretary shall carry out the
9 demonstration under subsection (a) at at least one site
10 where the Secretary of Defense plans to deploy a fifth-
11 generation wireless network.
12 (d) COORDINATION.—The Secretary shall carry out
13 the demonstration under subsection (a) in coordination
14 with at least one major United States wireless network
15 service provider.
16 SEC. 234. INDEPENDENT TECHNICAL REVIEW OF FEDERAL
17 COMMUNICATIONS COMMISSION ORDER 20–
18 48.
19 (a) AGREEMENT.—
20 (1) IN GENERAL.—The Secretary of Defense
21 shall seek to enter into an agreement with the Na-
22 tional Academies of Sciences, Engineering, and Med-
23 icine for the National Academies of Sciences, Engi-
24 neering, and Medicine to perform the services cov-
25 ered by this section.
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1 (2) TIMING.—The Secretary shall seek to enter
2 into the agreement described in paragraph (1) not
3 later than 30 days after the date of the enactment
4 of this Act.
5 (b) INDEPENDENT TECHNICAL REVIEW.—
6 (1) IN GENERAL.—Under an agreement be-
7 tween the Secretary and the National Academies of
8 Sciences, Engineering, and Medicine under sub-
9 section (a), the National Academies of Sciences, En-
10 gineering, and Medicine shall carry out an inde-
11 pendent technical review of the Order and Author-
12 ization adopted by the Federal Communications
13 Commission on April 19, 2020 (FCC 20–48), to the
14 extent that such order and authorization affects the
15 devices, operations, or activities of the Department
16 of Defense.
17 (2) ELEMENTS.—The independent technical re-
18 view carried out under paragraph (1) shall include
19 the following:
20 (A) Comparison of the two different ap-
21 proaches on which the Commission relied for
22 the order and authorized described in para-
23 graph (1) to evaluate the potential harmful in-
24 terference concerns relating to Global Posi-
25 tioning System devices, with a recommendation
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1 on which method most effectively mitigates
2 risks of harmful interference with Global Posi-
3 tioning System devices of the Department, or
4 relating to or with the potential to affect the
5 operations and activities of the Department.
6 (B) Assessment of the potential for harm-
7 ful interference to mobile satellite services, in-
8 cluding commercial services and Global Posi-
9 tioning System services of the Department, or
10 relating to or with the potential to affect the
11 operations and activities of the Department.
12 (C) Review of the feasibility, practicality,
13 and effectiveness of the proposed mitigation
14 measures relating to, or with the potential to
15 affect, the devices, operations, or activities of
16 the Department.
17 (D) Development of recommendations as-
18 sociated with the findings of the National Acad-
19 emies of Sciences, Engineering, and Medicine in
20 carrying out the independent technical review.
21 (E) Such other matters as the National
22 Academies of Sciences, Engineering, and Medi-
23 cine determines relevant.
24 (c) REPORT.—
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1 (1) IN GENERAL.—Under an agreement be-
2 tween the Secretary and the National Academies of
3 Sciences, Engineering, and Medicine under sub-
4 section (a), the National Academies of Sciences, En-
5 gineering, and Medicine shall, not later than nine
6 months after the date of the execution of such agree-
7 ment, the National Academies of Sciences, Engineer-
8 ing, and Medicine shall submit to the Committee on
9 Armed Services of the Senate and the Committee on
10 Armed Services of the House of Representatives a
11 report on the findings of the National Academies of
12 Sciences, Engineering, and Medicine with respect to
13 the independent technical review carried out under
14 subsection (b) and the recommendations developed
15 pursuant to such review.
16 (2) FORM.—The report submitted under para-
17 graph (1) shall be submitted in a publicly releasable
18 and unclassified formats, but may include a classi-
19 fied annex.
20 SEC. 235. REPORT ON MICRO NUCLEAR REACTOR PRO-
21 GRAMS.
22 (a) REPORT REQUIRED.—The Secretary of Defense
23 shall submit to the appropriate congressional committees
24 a report on the micro nuclear reactor programs of the De-
25 partment of Defense.
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1 (b) CONTENTS.—The report required by subsection
2 (a) shall include the following:
3 (1) Potential operational uses on United States
4 and non-United States territory, including both mo-
5 bile and fixed systems.
6 (2) Cost and schedule estimates for each new or
7 ongoing program to reach initial operational capa-
8 bility, including the timeline for transition of any
9 program currently funded using defense-wide funds
10 to one or more military services and the identified
11 transition partner in such military services.
12 (3) In consultation with the Assistant Secretary
13 of Defense for Nuclear, Chemical, and Biological
14 Defense programs, an assessment of physical secu-
15 rity requirements for use of such reactors on domes-
16 tic military installations and non-United States non-
17 domestic installations or locations, including fully
18 permissive, semi-permissive, and remote environ-
19 ments, including a preliminary design basis threat
20 analysis.
21 (4) In coordination with the Secretary of
22 State—
23 (A) an assessment of any agreements or
24 changes to agreements that would be required
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1 for use of such reactors on non-United States
2 territory;
3 (B) an assessment of applicability of for-
4 eign regulations or International Atomic En-
5 ergy Agency safeguards for use on non-United
6 States territory; and
7 (C) other policy implications of deployment
8 of such systems on non-United States territory.
9 (5) In coordination with the Chairman of the
10 Nuclear Regulatory Commission, a summary of li-
11 censing requirements for operation of such systems
12 on United States territory.
13 (6) A summary of requirements pursuant to the
14 National Environmental Policy Act of 1969 (42
15 U.S.C. 4321 et seq.) for development and operation
16 on United States territory.
17 (7) In consultation with the General Counsel of
18 the Department of Defense, an assessment of any
19 issues relating to indemnification for operation on
20 United States or non-United States territory and
21 any other relevant legal matters.
22 (8) In coordination with the Secretary of State
23 and the Secretary of Energy, a determination of
24 whether development, production, and deployment of
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1 such systems would require unobligated enriched
2 uranium fuel.
3 (9) If the determination in paragraph (8) is
4 that unobligated fuel would be required, in coordina-
5 tion with the Administrator for Nuclear Security, an
6 assessment of the availability of such unobligated
7 enriched uranium fuel, by year, for the estimated life
8 of the program, considered with other United States
9 Government demands for such fuel, including trit-
10 ium production, naval nuclear propulsion, and med-
11 ical isotope production.
12 (10) Any other considerations the Secretary de-
13 termines relevant.
14 (c) CONSULTATION.—In addition to consultation and
15 coordination required under subsection (b), the Secretary
16 shall, in producing the report required by subsection (a),
17 consult with the Secretary of the Army, the Chairman of
18 the Joint Chiefs of Staff, the Under Secretary of Defense
19 for Policy, the Director of Naval Nuclear Propulsion, and
20 such other officials as the Secretary considers necessary.
21 (d) FORM.—The report submitted under subsection
22 (a) shall be submitted in unclassified form, but may in-
23 clude a classified annex.
24 (e) DEFINITIONS.—In this section:
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1 (1) The term ‘‘appropriate congressional com-
2 mittees’’ means—
3 (A) the Committee on Armed Services, the
4 Committee on Appropriations, the Committee
5 on Energy and Natural Resources, the Com-
6 mittee on Environment and Public Works, and
7 the Committee on Foreign Relations of the Sen-
8 ate; and
9 (B) the Committee on Armed Services, the
10 Committee on Appropriations, the Committee
11 on Energy and Commerce, the Committee on
12 Natural Resources, and the Committee on For-
13 eign Affairs of the House of Representatives.
14 (2) The term ‘‘micro nuclear reactor’’means a
15 nuclear reactor with a production capacity of less
16 than 20 megawatts.
17 SEC. 236. MODIFICATION TO TEST RESOURCE MANAGE-
18 MENT CENTER STRATEGIC PLAN REPORTING
19 CYCLE AND CONTENTS.
20 (a) QUADRENNIAL STRATEGIC PLAN.—Section 196
21 of title 10, United States Code, is amended—
22 (1) in subsections (c)(1)(C) and (e)(2)(B), by
23 inserting ‘‘quadrennial’’ before ‘‘strategic plan’’; and
24 (2) in subsection (d)—
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1 (A) in the heading, by inserting ‘‘QUAD-
2 RENNIAL’’ before ‘‘STRATEGIC PLAN’’; and
3 (B) by inserting ‘‘quadrennial’’ before
4 ‘‘strategic plan’’ each place it occurs.
5 (b) TIMING AND COVERAGE OF PLAN.—Subsection
6 (d)(1) of such section, as amended by subsection (a)(2),
7 is further amended—
8 (1) in the first sentence, by striking ‘‘two fiscal
9 years’’ and inserting ‘‘four fiscal years, and within
10 one year after release of the National Defense Strat-
11 egy,’’ ; and
12 (2) in the second sentence, by striking ‘‘thirty
13 fiscal years’’ and inserting ‘‘15 fiscal years’’.
14 (c) AMENDMENT TO CONTENTS OF PLAN.—Sub-
15 section (d)(2) of such section, as amended by subsection
16 (a)(2), is further amended—
17 (1) by striking subparagraph (B);
18 (2) by redesignating subparagraphs (C) through
19 (G) as subparagraphs (B) through (F), respectively;
20 and
21 (3) in subparagraph (B), as redesignated by
22 paragraph (2), by striking ‘‘based on current’’ and
23 all that follows through the end and inserting ‘‘for
24 test and evaluation of the Department of Defense
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1 major weapon systems based on current and emerg-
2 ing threats.’’.
3 (d) ANNUAL UPDATE TO PLAN.—Subsection (d) of
4 such section is amended by adding at the end the following
5 new paragraph:
6 ‘‘(5)(A) In addition to the quadrennial strategic plan
7 completed under paragraph (1), the Director of the De-
8 partment of Defense Test Resource Management Center
9 shall also complete an annual update to the quadrennial
10 strategic plan.
11 ‘‘(B) Each annual update completed under subpara-
12 graph (A) shall include the following:
13 ‘‘(i) A summary of changes to the assessment
14 provided in the most recent quadrennial strategic
15 plan.
16 ‘‘(ii) Comments and recommendations the Di-
17 rector considers appropriate.
18 ‘‘(iii) Test and evaluation challenges raised
19 since the completion of the most recent quadrennial
20 strategic plan.
21 ‘‘(iv) Actions taken or planned to address such
22 challenges.’’.
23 (e) TECHNICAL CORRECTION.—Subsection (d)(1) of
24 such, as amended by subsections (a)(2) and (b), is further
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1 amended by striking ‘‘Test Resources Management Cen-
2 ter’’ and inserting ‘‘Test Resource Management Center’’.
3 SEC. 237. LIMITATION ON CONTRACT AWARDS FOR CER-
4 TAIN UNMANNED VESSELS.
5 (a) LIMITATION.—None of the funds authorized to
6 be appropriated for fiscal year 2021 by section 201 for
7 research, development, test, and evaluation may be used
8 for the award of a contract for a covered vessel until the
9 date that is 30 days after the date on which the Under
10 Secretary of Defense for Research and Engineering sub-
11 mits to the congressional defense committees a report and
12 certification described in subsection (c) for such contract
13 and covered vessel.
14 (b) COVERED VESSELS.—For purposes of this sec-
15 tion, a covered vessel is one of the following:
16 (1) A large unmanned surface vessel (LUSV).
17 (2) A medium unmanned surface vehicle
18 (MUSV).
19 (3) A large displacement unmanned undersea
20 vehicle (LDUUV).
21 (4) An extra-large unmanned undersea vehicle
22 (XLUUV).
23 (c) REPORT AND CERTIFICATION DESCRIBED.—A re-
24 port and certification described in this subsection regard-
25 ing a contract for a covered vessel is—
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1 (1) a report—
2 (A) submitted to the congressional defense
3 committees not later than 60 days after the
4 date of the completion of an independent tech-
5 nical risk assessment for such covered vessel;
6 and
7 (B) on the findings of the Under Secretary
8 with respect to such assessment; and
9 (2) a certification, submitted to the congres-
10 sional defense committees with the report described
11 in paragraph (1), that certifies that—
12 (A) the Under Secretary has determined,
13 in conjunction with the Senior Technical Au-
14 thority designated under section 8669b(a)(1) of
15 title 10, United States Code, for the class of
16 naval vessels that includes the covered vessel,
17 that the critical mission, hull, mechanical, and
18 electrical subsystems of the covered vessel—
19 (i) have been demonstrated in vessel-
20 representative form, fit, and function; and
21 (ii) have achieved performance levels
22 equal to or greater than applicable Depart-
23 ment of Defense threshold requirements
24 for such class of vessels; and
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1 (B) such contract is necessary to meet De-
2 partment research, development, test, and eval-
3 uation objectives for such covered vessel that
4 cannot otherwise be met through further land-
5 based subsystem prototyping or other dem-
6 onstration approaches.
7 (d) CRITICAL MISSION, HULL, MECHANICAL, AND
8 ELECTRICAL SUBSYSTEMS DEFINED.—In this section, the
9 term ‘‘critical mission, hull, mechanical, and electrical sub-
10 systems’’, with respect to a covered vessel, includes the
11 following subsystems:
12 (1) Command, control, communications, com-
13 puters, intelligence, surveillance, and reconnaissance.
14 (2) Autonomous vessel navigation, vessel con-
15 trol, contact management, and contact avoidance.
16 (3) Communications security, including
17 cryptopgraphy, encryption, and decryption.
18 (4) Main engines, including the lube oil, fuel oil,
19 and other supporting systems.
20 (5) Electrical generation and distribution, in-
21 cluding supporting systems.
22 (6) Military payloads.
23 (7) Any other subsystem identified as critical by
24 the Senior Technical Authority designated under
25 section 8669b(a)(1) of title 10, United States Code,
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1 for the class of naval vessels that includes the cov-
2 ered vessel.
3 SEC. 238. DOCUMENTATION RELATING TO THE ADVANCED
4 BATTLE MANAGEMENT SYSTEM.
5 (a) DOCUMENTATION REQUIRED.—Immediately
6 upon the enactment of this Act, the Secretary of the Air
7 Force shall submit to the congressional defense commit-
8 tees the following documentation relating to the Advanced
9 Battle Management System:
10 (1) A list that identifies each program, project,
11 and activity that contributes to the architecture of
12 the Advanced Battle Management System.
13 (2) The final analysis of alternatives for the
14 Advanced Battle Management System.
15 (3) The requirements for the networked data
16 architecture necessary for the Advanced Battle Man-
17 agement System to provide multidomain command
18 and control and battle management capabilities and
19 a development schedule for such architecture.
20 (b) LIMITATION.—Of the funds authorized to be ap-
21 propriated by this Act for fiscal year 2021 for operations
22 and maintenance for the Office of the Secretary of the
23 Air Force, not more than 25 percent may be obligated
24 until the date that is 30 days after the date on which the
25 Secretary of the Air Force submits to the congressional
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1 defense committees the documentation required by sub-
2 section (a) and the Vice Chairman of the Vice Chairman
3 of the Joint Chiefs certifies the documentation.
4 (c) ADVANCED BATTLE MANAGEMENT SYSTEM.—In
5 this section, the term ‘‘Advanced Battle Management Sys-
6 tem’’ means the Advanced Battle Management System of
7 Systems capability of the Air Force, including each pro-
8 gram, project, and activity that contributes to such capa-
9 bility.
10 SEC. 239. ARMED SERVICES VOCATIONAL APTITUDE BAT-
11 TERY TEST SPECIAL PURPOSE ADJUNCT TO
12 ADDRESS COMPUTATIONAL THINKING.
13 Not later than one year after the date of the enact-
14 ment of this Act, the Secretary of Defense shall establish
15 a special purpose test adjunct to the Armed Services Voca-
16 tional Aptitude Battery test to address computational
17 thinking skills relevant to military applications, including
18 problem decomposition, abstraction, pattern recognition,
19 analytical ability, the identification of variables involved
20 in data representation, and the ability to create algorithms
21 and solution expressions.
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1 SEC. 240. REPORT ON USE OF TESTING FACILITIES TO RE-
2 SEARCH AND DEVELOP HYPERSONIC TECH-
3 NOLOGY.
4 Not later than 180 days after the date of the enact-
5 ment of this Act, the Secretary of Defense shall submit
6 to the congressional defense committees a report on the
7 costs and benefits of the use and potential refurbishment
8 of existing operating and mothballed Federal research and
9 testing facilities to support hypersonics activities of the
10 Department of Defense.
11 SEC. 241. STUDY AND PLAN ON THE USE OF ADDITIVE MAN-
12 UFACTURING AND THREE-DIMENSIONAL BIO-
13 PRINTING IN SUPPORT OF THE WARFIGHTER.
14 (a) STUDY.—The Secretary of Defense shall conduct
15 a study on the use of additive manufacturing and three-
16 dimensional bioprinting across the Military Health Sys-
17 tem.
18 (b) ELEMENTS.—The study required by subsection
19 (a) shall examine the activities currently underway by each
20 of the military services and the Department agencies, in-
21 cluding costs, sources of funding, oversight, collaboration,
22 and outcomes.
23 (c) REPORT.—Not later than 180 days after the date
24 of the enactment of this Act, the Secretary of Defense
25 shall submit to the Committee on Armed Services of the
26 Senate and the Committee on Armed Services of the
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1 House of Representatives a report on the results of the
2 study conducted under subsection (a).
3 SEC. 242. ELEMENT IN ANNUAL REPORTS ON CYBER
4 SCIENCE AND TECHNOLOGY ACTIVITIES ON
5 WORK WITH ACADEMIC CONSORTIA ON HIGH
6 PRIORITY CYBERSECURITY RESEARCH AC-
7 TIVITIES IN DEPARTMENT OF DEFENSE CA-
8 PABILITIES.
9 Section 257(b)(2) of the National Defense Authoriza-
10 tion Act for Fiscal Year 2020 (Public Law 116–92; 133
11 Sta. 1291) is amended by adding at end the following new
12 subparagraph:
13 ‘‘(J) Efforts to work with academic con-
14 sortia on high priority cybersecurity research
15 activities.’’.
16 TITLE III—OPERATION AND
17 MAINTENANCE
18 Subtitle A—Authorization of
19 Appropriations
20 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
21 Funds are hereby authorized to be appropriated for
22 fiscal year 2021 for the use of the Armed Forces and other
23 activities and agencies of the Department of Defense for
24 expenses, not otherwise provided for, for operation and
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1 maintenance, as specified in the funding table in section
2 4301.
3 Subtitle B—Energy and
4 Environment
5 SEC. 311. MODIFICATIONS AND TECHNICAL CORRECTIONS
6 TO ENSURE RESTORATION OF CONTAMINA-
7 TION BY PERFLUOROOCTANE SULFONATE
8 AND PERFLUOROOCTANOIC ACID.
9 (a) DEFINITION FOR PFOA AND PFOS.—Section
10 2700 of title 10, United States Code, is amended by add-
11 ing at the end the following new paragraphs:
12 ‘‘(4) The term ‘perfluorooctane sulfonate’
13 means perfluorooctane sulfonic acid or sulfonate
14 (commonly referred to as ‘PFOS’) (Chemical Ab-
15 stracts Service No. 1763–23–1) and the salts associ-
16 ated with perfluorooctane sulfonic acid or sulfonate
17 (Chemical Abstracts Service Nos. 2795–39–3,
18 29457–72–5, 56773–42–3, 29081–56–9, and
19 70225–14–8).
20 ‘‘(5) The term ‘perfluorooctanoic acid’ means
21 perfluorooctanoic acid (commonly referred to as
22 ‘PFOA’) (Chemical Abstracts Service No. 335–67–
23 1) and the salts associated with perfluorooctanoic
24 acid (Chemical Abstracts Service Nos. 3825–26–1,
25 335–95–5, and 68141–02–6).’’.
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1 (b) MODIFICATION OF ENVIRONMENTAL RESTORA-
2 TION ACCOUNTS.—Section 2703 of such title is amend-
3 ed—
4 (1) in subsection (e)(2), by striking ‘‘environ-
5 mental’’;
6 (2) in subsection (f), by striking ‘‘to the Envi-
7 ronmental Restoration Account, Defense, or to any
8 environmental restoration account of a military de-
9 partment,’’ and inserting ‘‘or transferred to an ac-
10 count established under subsection (a)’’;
11 (3) by striking subsection (g) and inserting the
12 following:
13 ‘‘(g) SOLE SOURCE OF FUNDS FOR RESPONSES
14 UNDER THIS CHAPTER.—Except as provided in sub-
15 section (h), the sole source of funds for all phases of a
16 response under this chapter shall be the applicable envi-
17 ronmental restoration account established under sub-
18 section (a).’’; and
19 (4) in subsection (h)—
20 (A) in the subsection heading, by striking
21 ‘‘ENVIRONMENTAL REMEDIATION’’ and insert-
22 ing ‘‘RESPONSES’’; and
23 (B) by striking ‘‘services procured under
24 section 2701(d)(1) of this title’’ and inserting
25 ‘‘a response’’.
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1 (c) MODIFICATION OF AUTHORITY FOR ENVIRON-
2 MENTAL RESTORATION PROJECTS OF NATIONAL
3 GUARD.—
4 (1) IN GENERAL.—Section 2707(e) of such title
5 is amended—
6 (A) by striking ‘‘Notwithstanding’’ and in-
7 serting ‘‘(1) Notwithstanding’’;
8 (B) by inserting ‘‘where military activities
9 are conducted by the National Guard of a State
10 under title 32’’ after ‘‘facility’’; and
11 (C) by adding at the end the following new
12 paragraph:
13 ‘‘(2) The Secretary concerned may use the authority
14 under section 2701(d) of this title to carry out environ-
15 mental restoration projects under paragraph (1).’’.
16 (2) CORRECTION OF DEFINITION OF FACIL-
17 ITY.—Paragraph (2) of section 2700 of such title is
18 amended—
19 (A) in subparagraph (A), by striking ‘‘(A)
20 The terms’’ and inserting ‘‘The terms’’; and
21 (B) by striking subparagraph (B).
22 (d) EXTENSION OF CONTRACT AUTHORITY.—Section
23 2708(b) of such title is amended—
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1 (1) in paragraph (1), by striking ‘‘fiscal years
2 1992 through 1996’’ and inserting ‘‘a period speci-
3 fied in paragraph (3)’’; and
4 (2) by adding at the end the following new
5 paragraph:
6 ‘‘(3) A period specified in this paragraph is—
7 ‘‘(A) the period of fiscal years 1992 through
8 1996; or
9 ‘‘(B) on or after the date of the enactment of
10 the National Defense Authorization Act for Fiscal
11 Year 2021.’’.
12 (e) TECHNICAL CONSISTENCY FOR MUNITIONS RE-
13 SPONSE.—
14 (1) PROGRAM GOALS.—Section 2701(b)(2) of
15 such title is amended by striking ‘‘of unexploded
16 ordnance’’ and inserting ‘‘of unexploded ordnance,
17 discarded military munitions, and munitions con-
18 stituents in a manner consistent with section 2710
19 of this title’’.
20 (2) ENVIRONMENTAL RESTORATION AC-
21 COUNTS.—Section 2703(b) of such title is amended
22 by striking the second sentence and inserting the fol-
23 lowing new sentence: ‘‘Such remediation shall be
24 conducted in a manner consistent with section 2710
25 of this title.’’.
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1 (3) TRANSFER OF DEFINITIONS.—
2 (A) TRANSFER.—Paragraphs (2) and (3)
3 of section 2710(e) of such title are—
4 (i) transferred to section 2700 of such
5 title;
6 (ii) added at the end of such section;
7 and
8 (iii) redesignated as paragraphs (6)
9 and (7), respectively.
10 (B) REDESIGNATION OF DEFINITIONS.—
11 Section 2710(e) of such title is amended by re-
12 designating paragraphs (4) through (7) as
13 paragraphs (2) through (5), respectively.
14 (4) CONFORMING AMENDMENTS.—Section
15 313(d) of the John Warner National Defense Au-
16 thorization Act for Fiscal Year 2007 (Public Law
17 109–364; 10 U.S.C. 2710 note) is amended—
18 (A) in paragraph (2)—
19 (i) by striking ‘‘ ‘discarded military
20 munitions’, ‘munitions constituents’, and
21 ‘defense sites’ ’’ and inserting ‘‘ ‘discarded
22 military munitions’ and ‘munitions con-
23 stituents’ ’’; and
24 (ii) by striking ‘‘section 2710(e)’’ and
25 inserting ‘‘section 2700’’; and
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1 (B) by adding at the end the following new
2 paragraph:
3 ‘‘(3) The term ‘defense site’ has the meaning
4 given such term in section 2710(e) of such title.’’.
5 (f) TECHNICAL CORRECTION REGARDING COOPERA-
6 TIVE AGREEMENTS.—Section 332(a)(2) of the National
7 Defense Authorization Act for Fiscal Year 2020 (Public
8 Law 116–92) is amended, in the matter preceding sub-
9 paragraph (A), by striking ‘‘shall meet or exceed the most
10 stringent of the following’’ and inserting ‘‘relating to a re-
11 sponse shall reflect application to the response of the most
12 protective of the following’’.
13 SEC. 312. READINESS AND ENVIRONMENTAL PROTECTION
14 INTEGRATION PROGRAM TECHNICAL EDITS
15 AND CLARIFICATION.
16 (a) USE OF FUNDS.—Section 2684a(i) of title 10,
17 United States Code, is amended by adding at the end the
18 following new paragraph:
19 ‘‘(3) Funds obligated to carry out an agreement
20 under this section shall be available for use with regard
21 to any property in the geographic scope specified in the
22 agreement—
23 ‘‘(A) at the time the funds are obligated; and
24 ‘‘(B) in any subsequent modification to the
25 agreement.’’.
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1 (b) CLARIFICATION OF REFERENCES TO ELIGIBLE
2 ENTITIES.—
3 (1) DEFINITION.—Subsection (b) of section
4 2684a of title 10, United States Code, is amended,
5 in the matter preceding paragraph (1), by striking
6 ‘‘An agreement under this section may be entered
7 into with’’ and inserting ‘‘For purposes of this sec-
8 tion, an eligible entity is’’.
9 (2) ACQUISITION OF PROPERTY AND INTER-
10 ESTS.—Subsection (d)(1) of such section is amended
11 by striking ‘‘the entity or entities’’ each place it ap-
12 pears and inserting ‘‘an eligible entity or entities’’.
13 (3) RETROACTIVE APPLICATION.—The amend-
14 ments made by paragraphs (1) and (2) shall apply
15 to any agreement entered into under section 2684a
16 of title 10, United States Code, on or after Decem-
17 ber 2, 2002.
18 SEC. 313. SURVEY AND MARKET RESEARCH OF TECH-
19 NOLOGIES FOR PHASE OUT BY DEPARTMENT
20 OF DEFENSE OF USE OF FLUORINATED
21 AQUEOUS FILM-FORMING FOAM.
22 (a) SURVEY OF TECHNOLOGIES AND MARKET RE-
23 SEARCH.—
24 (1) IN GENERAL.—The Secretary of Defense
25 shall conduct a survey and market research of rel-
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1 evant technologies, other than fire-fighting agent so-
2 lutions, to determine whether any such technologies
3 are available and can be adapted quickly for use by
4 the Department of Defense to execute the phase-out
5 by the Department of the use of fluorinated aqueous
6 film-forming foam.
7 (2) TECHNOLOGIES INCLUDED.—The tech-
8 nologies surveyed or researched under paragraph (1)
9 shall include the following:
10 (A) Hangar flooring systems.
11 (B) Liquid drainage flood assemblies.
12 (C) Fire-fighting agent delivery systems.
13 (D) Containment systems.
14 (E) Such other relevant technologies as the
15 Secretary determines appropriate.
16 (b) BRIEFING.—
17 (1) IN GENERAL.—Not later than 180 days
18 after the date of the enactment of this Act, the Sec-
19 retary shall brief the congressional defense commit-
20 tees on the results of the survey and market re-
21 search conducted under subsection (a).
22 (2) ELEMENTS OF BRIEFING.—The briefing re-
23 quired under paragraph (1) shall include the fol-
24 lowing:
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1 (A) A description of the technologies sur-
2 veyed and researched under subsection (a).
3 (B) An identification of any such tech-
4 nologies that were considered for further testing
5 or analysis.
6 (C) An identification of any other tech-
7 nologies useful for the phase-out by the Depart-
8 ment of the use of fluorinated aqueous film-
9 forming foam that are undergoing additional
10 analysis for possible application within the De-
11 partment.
12 SEC. 314. MODIFICATION OF AUTHORITY TO CARRY OUT
13 MILITARY INSTALLATION RESILIENCE
14 PROJECTS.
15 (a) MODIFICATION OF AUTHORITY.—Section 2815 of
16 title 10, United States Code is amended—
17 (1) in subsection (a), by inserting ‘‘(except as
18 provided in subsections (d)(3) and (e))’’ before the
19 period at the end;
20 (2) in subsection (c), by striking ‘‘A project’’
21 and inserting ‘‘Except as provided in subsection
22 (e)(2), a project’’;
23 (3) by redesignating subsection (d) as sub-
24 section (f); and
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1 (4) by inserting after subsection (c) the fol-
2 lowing new subsections:
3 ‘‘(d) LOCATION OF PROJECTS.—Projects carried out
4 pursuant to this section may be carried out—
5 ‘‘(1) on a military installation;
6 ‘‘(2) on a facility used by the Department of
7 Defense that is owned and operated by a State, the
8 District of Columbia, the Commonwealth of Puerto
9 Rico, American Samoa, Guam, the Commonwealth
10 of the Northern Mariana Islands, or the Virgin Is-
11 lands, even if the facility is not under the jurisdic-
12 tion of the Department of Defense, if the Secretary
13 of Defense determines that the facility is subject to
14 significant use by the armed forces for testing or
15 training; or
16 ‘‘(3) outside of a military installation or facility
17 described in paragraph (2) if the Secretary con-
18 cerned determines that the project would preserve or
19 enhance the resilience of—
20 ‘‘(A) a military installation;
21 ‘‘(B) a facility described in paragraph (2);
22 or
23 ‘‘(C) community infrastructure determined
24 by the Secretary concerned to be necessary to
25 maintain, improve, or rapidly reestablish instal-
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1 lation mission assurance and mission-essential
2 functions.
3 ‘‘(e) ALTERNATIVE FUNDING SOURCE.—(1) In car-
4 rying out a project under this section, the Secretary con-
5 cerned may use amounts available for operation and main-
6 tenance for the military department concerned if the Sec-
7 retary concerned submits a notification to the congres-
8 sional defense committees of the decision to carry out the
9 project using such amounts and includes in the notifica-
10 tion—
11 ‘‘(A) the current estimate of the cost of the
12 project;
13 ‘‘(B) the source of funds for the project; and
14 ‘‘(C) a certification that deferral of the project
15 for inclusion in the next Military Construction Au-
16 thorization Act would be inconsistent with national
17 security or the protection of health, safety, or envi-
18 ronmental quality, as the case may be.
19 ‘‘(2) A project carried out under this section using
20 amounts under paragraph (1) may be carried out only
21 after the end of the 7-day period beginning on the date
22 on which a copy of the notification described in paragraph
23 (1) is provided in an electronic medium pursuant to sec-
24 tion 480 of this title.
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1 ‘‘(3) The maximum aggregate amount that the Sec-
2 retary concerned may obligate from amounts available to
3 the military department concerned for operation and
4 maintenance in any fiscal year for projects under the au-
5 thority of this subsection is $100,000,000.’’.
6 (b) CONSIDERATION OF MILITARY INSTALLATION
7 RESILIENCE IN AGREEMENTS AND INTERAGENCY CO-
8 OPERATION.—Section 2684a of such title is amended—
9 (1) in subsection (a)—
10 (A) in paragraph (2)(B)—
11 (i) by striking clause (ii); and
12 (ii) in clause (i)—
13 (I) by striking ‘‘(i)’’; and
14 (II) by striking ‘‘; or’’ and insert-
15 ing a semicolon;
16 (B) by redesignating paragraph (3) as
17 paragraph (4); and
18 (C) by inserting after paragraph (2) the
19 following new paragraph (3):
20 ‘‘(3) maintaining or improving military installa-
21 tion resilience; or’’; and
22 (2) by amending subsection (h) to read as fol-
23 lows:
24 ‘‘(h) INTERAGENCY COOPERATION IN CONSERVATION
25 AND RESILIENCE PROGRAMS TO AVOID OR REDUCE AD-
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1 VERSE IMPACTS ON MILITARY INSTALLATION RESIL-
2 IENCE AND MILITARY READINESS ACTIVITIES.—In order
3 to facilitate interagency cooperation and enhance the ef-
4 fectiveness of actions that will protect the environment,
5 military installation resilience, and military readiness, the
6 recipient of funds provided pursuant to an agreement
7 under this section or under the Sikes Act (16 U.S.C. 670
8 et seq.) may, with regard to the lands and waters within
9 the scope of the agreement, use such funds to satisfy any
10 matching funds or cost-sharing requirement of any con-
11 servation or resilience program of any Federal agency not-
12 withstanding any limitation of such program on the source
13 of matching or cost-sharing funds.’’.
14 SEC. 315. NATIVE AMERICAN INDIAN LANDS ENVIRON-
15 MENTAL MITIGATION PROGRAM.
16 (a) IN GENERAL.—Chapter 160 of title 10, United
17 States Code, is amended by adding at the end the fol-
18 lowing new section:
19 ‘‘§ 2712. Native American lands environmental mitiga-
20 tion program
21 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense
22 may establish and carry out a program to mitigate the
23 environmental effects of actions by the Department of De-
24 fense on Indian lands and culturally connected locations.
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1 ‘‘(b) PROGRAM ACTIVITIES.—The activities that may
2 be carried out under the program established under sub-
3 section (a) are the following:
4 ‘‘(1) Identification, investigation, and docu-
5 mentation of suspected environmental effects attrib-
6 utable to past actions by the Department of De-
7 fense.
8 ‘‘(2) Development of mitigation options for such
9 environmental effects, including development of cost-
10 to-complete estimates and a system for prioritizing
11 mitigation actions.
12 ‘‘(3) Direct mitigation actions that the Sec-
13 retary determines are necessary and appropriate to
14 mitigate the adverse environmental effects of past
15 actions by the Department.
16 ‘‘(4) Demolition and removal of unsafe build-
17 ings and structures used by, under the jurisdiction
18 of, or formerly used by or under the jurisdiction of
19 the Department.
20 ‘‘(5) Training, technical assistance, and admin-
21 istrative support to facilitate the meaningful partici-
22 pation of Indian tribes in mitigation actions under
23 the program.
24 ‘‘(6) Development and execution of a policy gov-
25 erning consultation with Indian tribes that have
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1 been or may be affected by action by the Depart-
2 ment, including training personnel of the Depart-
3 ment to ensure compliance with the policy.
4 ‘‘(c) COOPERATIVE AGREEMENTS.—(1) In carrying
5 out the program established under subsection (a), the Sec-
6 retary of Defense may enter into a cooperative agreement
7 with an Indian tribe or an instrumentality of tribal govern-
8 ment.
9 ‘‘(2) Notwithstanding chapter 63 of title 31, a coop-
10 erative agreement under this section may be used to ac-
11 quire property or services for the direct benefit of the
12 United States Government.
13 ‘‘(3) A cooperative agreement under this section for
14 the procurement of severable services may begin in one
15 fiscal year and end in another fiscal year only if the total
16 period of performance does not exceed two calendar years.
17 ‘‘(d) DEFINITIONS.—In this section:
18 ‘‘(1) The term ‘Indian land’ includes—
19 ‘‘(A) any land located within the bound-
20 aries and a part of an Indian reservation, pueb-
21 lo, or rancheria;
22 ‘‘(B) any land that has been allotted to an
23 individual Indian but has not been conveyed to
24 such Indian with full power of alienation;
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1 ‘‘(C) Alaska Native village and regional
2 corporation lands; and
3 ‘‘(D) lands and waters upon which any
4 Federally recognized Indian tribe has rights re-
5 served by treaty, act of Congress, or action by
6 the President.
7 ‘‘(2) The term ‘Indian Tribe’ means any Indian
8 Tribe, band, nation, or other organized group or
9 community, including any Native village, Regional
10 Corporation, or Village Corporation (as defined in
11 section 3 of the Alaska Native Claims Settlement
12 Act (43 U.S.C. 1602)), that is recognized as eligible
13 for the special programs and services provided by
14 the United States to Indians because of their status
15 as Indians.
16 ‘‘(3) The term ‘culturally connected location’
17 means a location or place that has demonstrable sig-
18 nificance to Indians or Alaska Natives based on its
19 association with the traditional beliefs, customs, and
20 practices of a living community, including locations
21 or places where religious, ceremonial, subsistence,
22 medicinal, economic, or other lifeways practices have
23 historically taken place.’’.
24 (b) CLERICAL AMENDMENT.—The table of sections
25 at the beginning of chapter 160 of such title is amended
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1 by inserting after the item relating to section 2711 the
2 following new item:
‘‘2712. Native American lands environmental mitigation program.’’.
3 SEC. 316. ENERGY RESILIENCE AND ENERGY SECURITY
4 MEASURES ON MILITARY INSTALLATIONS.
5 (a) IN GENERAL.—Subchapter I of chapter 173 of
6 title 10, United States Code, is amended by inserting after
7 section 2919 the following new section:
8 ‘‘§ 2920. Energy resilience and energy security meas-
9 ures on military installations
10 ‘‘(a) ENERGY RESILIENCE MEASURES.—(1) The
11 Secretary of Defense shall, by the end of fiscal year 2030,
12 provide that 100 percent of the energy load required to
13 maintain the critical missions of each installation have a
14 minimum level of availability of 99.9 percent per fiscal
15 year.
16 ‘‘(2) The Secretary of Defense shall issue standards
17 establishing levels of availability relative to specific critical
18 missions, with such standards providing a range of not
19 less than 99.9 percent availability per fiscal year and not
20 more than 99.9999 percent availability per fiscal year, de-
21 pending on the criticality of the mission.
22 ‘‘(3) The Secretary may establish interim goals to
23 take effect prior to fiscal year 2025 to ensure the require-
24 ments under this subsection are met.
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1 ‘‘(4) The Secretary of each military department and
2 the head of each Defense Agency shall ensure that their
3 organizations meet the requirements of this subsection.
4 ‘‘(b) PLANNING.—(1) The Secretary of Defense shall
5 require the Secretary of each military department and the
6 head of each Defense Agency to plan for the provision of
7 energy resilience and energy security for installations.
8 ‘‘(2) Planning under paragraph (1) shall—
9 ‘‘(A) promote the use of multiple and diverse
10 sources of energy, with an emphasis favoring energy
11 resources originating on the installation such as
12 modular generation;
13 ‘‘(B) promote installing microgrids to ensure
14 the energy security and energy resilience of critical
15 missions; and
16 ‘‘(C) favor the use of full-time, installed energy
17 sources rather than emergency generation.
18 ‘‘(c) DEVELOPMENT OF INFORMATION.—The plan-
19 ning required by subsection (b) shall identify each of the
20 following for each installation:
21 ‘‘(1) The critical missions of the installation.
22 ‘‘(2) The energy requirements of those critical
23 missions.
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1 ‘‘(3) The duration that those energy require-
2 ments are likely to be needed in the event of a dis-
3 ruption or emergency.
4 ‘‘(4) The current source of energy provided to
5 those critical missions.
6 ‘‘(5) The duration that the currently provided
7 energy would likely be available in the event of a dis-
8 ruption or emergency.
9 ‘‘(6) Any currently available sources of energy
10 that would provide uninterrupted energy to critical
11 missions in the event of a disruption or emergency.
12 ‘‘(7) Alternative sources of energy that could be
13 developed to provide uninterrupted energy to critical
14 missions in the event of a disruption or emergency.
15 ‘‘(d) TESTING AND MEASURING.—(1)(A) The Sec-
16 retary of Defense shall require the Secretary of each mili-
17 tary department and head of each Defense Agency to con-
18 duct monitoring, measuring, and testing to provide the
19 data necessary to comply with this section.
20 ‘‘(B) Any data provided under subparagraph (A)
21 shall be made available to the Assistant Secretary of De-
22 fense for Sustainment upon request.
23 ‘‘(2)(A) The Secretary of Defense shall require that
24 black start exercises be conducted to assess the energy re-
25 silience and energy security of installations for periods es-
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1 tablished to evaluate the ability of the installation to per-
2 form critical missions without access to off-installation en-
3 ergy resources.
4 ‘‘(B) A black start exercise conducted under subpara-
5 graph (A) may exclude, if technically feasible, housing
6 areas, commissaries, exchanges, and morale, welfare, and
7 recreation facilities.
8 ‘‘(C) The Secretary of Defense shall—
9 ‘‘(i) provide uniform policy for the military de-
10 partments and the Defense Agencies with respect to
11 conducting black start exercises; and
12 ‘‘(ii) establish a schedule of black start exer-
13 cises for the military departments and the Defense
14 Agencies, with each military department and De-
15 fense Agency scheduled to conduct such an exercise
16 on a number of installations each year sufficient to
17 allow that military department or Defense Agency to
18 meet the goals of this section, but in any event not
19 fewer than five installations each year for each mili-
20 tary department through fiscal year 2027.
21 ‘‘(D)(i) Except as provided in clause (ii), the Sec-
22 retary of each military department shall, notwithstanding
23 any other provision of law, conduct black start exercises
24 in accordance with the schedule provided for in subpara-
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1 graph (C)(ii), with any such exercise not to last longer
2 than five days.
3 ‘‘(ii) The Secretary of a military department may
4 conduct more black start exercises than those identified
5 in the schedule provided for in subparagraph (C)(ii).
6 ‘‘(e) CONTRACT REQUIREMENTS.—For contracts for
7 energy and utility services, the Secretary of Defense
8 shall—
9 ‘‘(1) specify methods and processes to measure,
10 manage, and verify compliance with subsection (a);
11 and
12 ‘‘(2) ensure that such contracts include require-
13 ments appropriate to ensure energy resilience and
14 energy security, including requirements for metering
15 to measure, manage, and verify energy consumption,
16 availability, and reliability consistent with this sec-
17 tion and the energy resilience metrics and standards
18 under section 2911(b) of this title.
19 ‘‘(f) EXCEPTION.—This section does not apply to
20 fuels used in aircraft, vessels, or motor vehicles.
21 ‘‘(g) REPORT.—If by the end of fiscal year 2029, the
22 Secretary determines that the Department will be unable
23 to meet the requirements under subsection (a), not later
24 than 90 days after the end of such fiscal year, the Sec-
25 retary shall submit to the Committees on Armed Services
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1 of the Senate and House of Representatives a report de-
2 tailing—
3 ‘‘(1) the projected shortfall;
4 ‘‘(2) reasons for the projected shortfall;
5 ‘‘(3) any statutory, technological, or monetary
6 impediments to achieving such requirements;
7 ‘‘(4) any impact to readiness or ability to meet
8 the national defense posture; and
9 ‘‘(5) any other relevant information as the Sec-
10 retary considers appropriate.
11 ‘‘(h) DEFINITIONS.—In this section:
12 ‘‘(1) The term ‘availability’ means the avail-
13 ability of required energy at a stated instant of time
14 or over a stated period of time for a specific pur-
15 pose.
16 ‘‘(2) The term ‘black start exercise’ means an
17 exercise in which delivery of energy provided from
18 off an installation is terminated before backup gen-
19 eration assets on the installation are turned on.
20 Such an exercise shall—
21 ‘‘(A) determine the ability of the backup
22 systems to start independently, transfer the
23 load, and carry the load until energy from off
24 the installation is restored;
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1 ‘‘(B) align organizations with critical mis-
2 sions to coordinate in meeting critical mission
3 requirements;
4 ‘‘(C) validate mission operation plans, such
5 as continuity of operations plans;
6 ‘‘(D) identify infrastructure interdepend-
7 encies; and
8 ‘‘(E) verify backup electric power system
9 performance.
10 ‘‘(3) The term ‘critical mission’—
11 ‘‘(A) means those aspects of the missions
12 of an installation, including mission essential
13 operations, that are critical to successful per-
14 formance of the strategic national defense mis-
15 sion;
16 ‘‘(B) may include operational headquarters
17 facilities, airfields and supporting infrastruc-
18 ture, harbor facilities supporting naval vessels,
19 munitions production and storage facilities,
20 missile fields, radars, satellite control facilities,
21 cyber operations facilities, space launch facili-
22 ties, operational communications facilities, and
23 biological defense facilities; and
24 ‘‘(C) does not include military housing (in-
25 cluding privatized military housing), morale,
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1 welfare, and recreation facilities, exchanges,
2 commissaries, or privately owned facilities.
3 ‘‘(4) The term ‘energy’ means electricity, nat-
4 ural gas, steam, chilled water, and heated water.
5 ‘‘(5) The term ‘installation’ has the meaning
6 given the term ‘military installation’ in section
7 2801(c)(4) of this title.’’.
8 (b) CLERICAL AMENDMENT.—The table of sections
9 at the beginning of subchapter I of chapter 173 of such
10 title is amended by inserting after the item relating to sec-
11 tion 2919 the following new item:
‘‘2920. Energy resilience and energy security measures on military installa-
tions.’’.
12 SEC. 317. MODIFICATION TO AVAILABILITY OF ENERGY
13 COST SAVINGS FOR DEPARTMENT OF DE-
14 FENSE.
15 Section 2912(a) of title 10, United States Code, is
16 amended by inserting ‘‘and, in the case of operational en-
17 ergy, from both training and operational missions,’’ after
18 ‘‘under section 2913 of this title,’’.
19 SEC. 318. LONG-DURATION DEMONSTRATION INITIATIVE
20 AND JOINT PROGRAM.
21 (a) DEFINITIONS.—In this section:
22 (1) DIRECTOR.—The term ‘‘Director’’ means
23 the Director of the Environmental Security Tech-
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1 nology Certification Program of the Department of
2 Defense.
3 (2) DIRECTOR OF ARPA–E.—The term ‘‘Direc-
4 tor of ARPA–E’’ means the Director of the Ad-
5 vanced Research Projects Agency—Energy.
6 (3) INITIATIVE.—The term ‘‘Initiative’’ means
7 the demonstration initiative established under sub-
8 section (b).
9 (4) JOINT PROGRAM.—The term ‘‘Joint Pro-
10 gram’’ means the joint program established under
11 subsection (d).
12 (b) ESTABLISHMENT OF INITIATIVE.—Not later than
13 180 days after the date of enactment of this Act, the Di-
14 rector shall establish a demonstration initiative composed
15 of demonstration projects focused on the development of
16 long-duration energy storage technologies.
17 (c) SELECTION OF PROJECTS.—To the maximum ex-
18 tent practicable, in selecting demonstration projects to
19 participate in the Initiative, the Director shall—
20 (1) ensure a range of technology types;
21 (2) ensure regional diversity among projects;
22 and
23 (3) consider bulk power level, distribution power
24 level, behind-the-meter, microgrid (grid-connected or
25 islanded mode), and off-grid applications.
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1 (d) JOINT PROGRAM.—
2 (1) ESTABLISHMENT.—As part of the Initia-
3 tive, the Director, in consultation with the Director
4 of ARPA–E, shall establish within the Department
5 of Defense a joint program to carry out projects—
6 (A) to demonstrate promising long-dura-
7 tion energy storage technologies at different
8 scales to promote energy resiliency; and
9 (B) to help new, innovative long-duration
10 energy storage technologies become commer-
11 cially viable.
12 (2) MEMORANDUM OF UNDERSTANDING.—Not
13 later than 200 days after the date of enactment of
14 this Act, the Director shall enter into a memo-
15 randum of understanding with the Director of
16 ARPA–E to administer 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
21 at—
22 (i) installations of the Department of
23 Defense; and
24 (ii) facilities of the Department of En-
25 ergy; and
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1 (B) develop new infrastructure for identi-
2 fied projects, if appropriate.
3 (4) GOALS AND METRICS.—The Director and
4 the Director of ARPA–E shall develop goals and
5 metrics for technological progress under the Joint
6 Program consistent with energy resilience and en-
7 ergy security policies.
8 (5) SELECTION OF PROJECTS.—
9 (A) IN GENERAL.—To the maximum ex-
10 tent practicable, in selecting projects to partici-
11 pate in the Joint Program, the Director and the
12 Director of ARPA–E shall—
13 (i) ensure that projects are carried
14 out under conditions that represent a vari-
15 ety of environments with different physical
16 conditions and market constraints; and
17 (ii) ensure an appropriate balance
18 of—
19 (I) larger, higher-cost projects;
20 and
21 (II) smaller, lower-cost projects.
22 (B) PRIORITY.—In carrying out the Joint
23 Program, the Director and the Director of
24 ARPA–E shall give priority to demonstration
25 projects that—
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1 (i) make available to the public
2 project information that will accelerate de-
3 ployment of long-duration energy storage
4 technologies that promote energy resil-
5 iency; and
6 (ii) will be carried out in the field.
7 SEC. 319. PILOT PROGRAM ON ALTERNATIVE FUEL VEHI-
8 CLE PURCHASING.
9 (a) IN GENERAL.—The Secretary of Defense, in co-
10 ordination with the Secretary of Energy and the Adminis-
11 trator of the General Services Administration, shall carry
12 out a pilot program under which the Secretary of Defense
13 may, notwithstanding section 400AA of the Energy Policy
14 and Conservation Act (42 U.S.C. 6374), purchase new al-
15 ternative fuel vehicles for which the initial cost of such
16 vehicles exceeds the initial cost of a comparable gasoline
17 or diesel fueled vehicle by not more than 10 percent.
18 (b) LOCATIONS.—
19 (1) IN GENERAL.—The Secretary of Defense
20 shall carry out the pilot program under subsection
21 (a) at not fewer than 2 facilities or installations of
22 the Department of Defense in the continental United
23 States that—
24 (A) have the largest total number of at-
25 tached noncombat vehicles as compared to other
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1 facilities or installations of the Department of
2 Defense; and
3 (B) are located within 20 miles of public or
4 private refueling or recharging stations.
5 (2) AIR FORCE LOGISTICS CENTER.—One of the
6 facilities or installations selected under paragraph
7 (1) shall be an Air Force Logistics Center.
8 (c) ALTERNATIVE FUEL VEHICLE DEFINED.—In
9 this section, the term ‘‘alternative fuel vehicle’’ includes
10 a vehicle that uses—
11 (1) fuels derived from renewable biomass, as
12 defined in section 211(o)(1)(I) of the Clean Air Act
13 (42 U.S.C. 7545(o)(1)(I));
14 (2) natural gas (including compressed and liq-
15 uefied natural gas); or
16 (3) propane.
17 SEC. 320. EXTENSION OF REAL-TIME SOUND MONITORING
18 AT NAVY INSTALLATIONS WHERE TACTICAL
19 FIGHTER AIRCRAFT OPERATE.
20 Section 325(a)(1) of the National Defense Authoriza-
21 tion Act for Fiscal Year 2020 (Public Law 116–92) is
22 amended by striking ‘‘a 12-month period’’ and inserting
23 ‘‘two 12-month periods, including one such period that be-
24 gins in fiscal year 2021’’.
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1 SEC. 321. STUDY ON IMPACTS OF TRANSBOUNDARY FLOWS,
2 SPILLS, OR DISCHARGES OF POLLUTION OR
3 DEBRIS FROM THE TIJUANA RIVER ON PER-
4 SONNEL, ACTIVITIES, AND INSTALLATIONS
5 OF DEPARTMENT OF DEFENSE.
6 (a) STUDY.—
7 (1) IN GENERAL.—Not later than 90 days after
8 the date of the enactment of this Act, the Secretary
9 of Defense, in coordination with the Administrator
10 of the Environmental Protection Agency, the Sec-
11 retary of State, and the United States Commissioner
12 of the International Boundary and Water Commis-
13 sion, shall commission an independent scientific
14 study of the impacts of transboundary flows, spills,
15 or discharges of pollution or debris from the Tijuana
16 River on the personnel, activities, and installations
17 of the Department of Defense.
18 (2) ELEMENTS.—The study required by para-
19 graph (1) shall address the short-term, long-term,
20 primary, and secondary impacts of transboundary
21 flows, spills, or discharges of pollution or debris
22 from the Tijuana River and include recommenda-
23 tions to mitigate such impacts.
24 (b) REPORT.—Not later than 180 days after the date
25 of the enactment of this Act, the Secretary of Defense
26 shall submit to the appropriate committees of Congress
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1 a report containing the results of the study under sub-
2 section (a), including all findings and recommendations re-
3 sulting from the study.
4 (c) APPROPRIATE COMMITTEES OF CONGRESS DE-
5 FINED.—In this section, the term ‘‘appropriate commit-
6 tees of Congress’’ means—
7 (1) the Committee on Armed Services, the
8 Committee on Environment and Public Works, and
9 the Committee on Foreign Relations of the Senate;
10 and
11 (2) the Committee on Armed Services, the
12 Committee on Transportation and Infrastructure,
13 and the Committee on Foreign Affairs of the House
14 of Representatives.
15 SEC. 322. INCREASE IN FUNDING FOR STUDY BY CENTERS
16 FOR DISEASE CONTROL AND PREVENTION
17 RELATING TO PERFLUOROALKYL AND
18 POLYFLUOROALKYL SUBSTANCE CONTAMI-
19 NATION IN DRINKING WATER.
20 (a) IN GENERAL.—
21 (1) INCREASE.—The amount authorized to be
22 appropriated by this Act for fiscal year 2021 for Op-
23 eration and Maintenance, Defense Wide for SAG
24 4GTN for the study by the Centers for Disease Con-
25 trol and Prevention under section 316(a)(2)(B)(ii) of
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1 the National Defense Authorization Act for Fiscal
2 Year 2018 (Public Law 115–91; 131 Stat. 1350) is
3 hereby increased by $5,000,000.
4 (2) OFFSET.—The amount authorized to be ap-
5 propriated by this Act for fiscal year 2021 for Oper-
6 ation and Maintenance, Army for SAG 421,
7 Servicewide Transportation is hereby reduced by
8 $5,000,000.
9 (b) INCREASE IN TRANSFER AUTHORITY.—Section
10 316(a)(2)(B)(ii) of the National Defense Authorization
11 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat.
12 1350), as amended by section 315(a) of the John S.
13 McCain National Defense Authorization Act for Fiscal
14 Year 2019 (Public Law 115–232; 132 Stat. 1713), is
15 amended by striking ‘‘$10,000,000’’ and inserting
16 ‘‘$15,000,000’’.
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1 Subtitle C—Logistics and
2 Sustainment
3 SEC. 331. REPEAL OF STATUTORY REQUIREMENT FOR NO-
4 TIFICATION TO DIRECTOR OF DEFENSE LO-
5 GISTICS AGENCY THREE YEARS PRIOR TO IM-
6 PLEMENTING CHANGES TO ANY UNIFORM OR
7 UNIFORM COMPONENT.
8 Section 356 of the John S. McCain National Defense
9 Authorization Act for Fiscal Year 2019 (Public Law 115–
10 232; 10 U.S.C. 771 note prec.) is amended—
11 (1) by striking subsection (a);
12 (2) by redesignating subsections (b) and (c) as
13 subsections (a) and (b), respectively; and
14 (3) in subsections (a) and (b), as so redesig-
15 nated, by striking ‘‘Commander’’ each place it ap-
16 pears and inserting ‘‘Director’’.
17 SEC. 332. CLARIFICATION OF LIMITATION ON LENGTH OF
18 OVERSEAS FORWARD DEPLOYMENT OF CUR-
19 RENTLY DEPLOYED NAVAL VESSELS.
20 Section 323(b) of the John S. McCain National De-
21 fense Authorization Act for Fiscal Year 2019 (Public Law
22 115–232; 132 Stat. 1720; 10 U.S.C. 8690 note) is amend-
23 ed by striking ‘‘In the case of any naval vessel’’ and insert-
24 ing ‘‘In the case of any aircraft carrier, amphibious ship,
25 cruiser, destroyer, frigate, or littoral combat ship’’.
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1 Subtitle D—Reports
2 SEC. 351. REPORT ON IMPACT OF PERMAFROST THAW ON
3 INFRASTRUCTURE, FACILITIES, AND OPER-
4 ATIONS OF THE DEPARTMENT OF DEFENSE.
5 (a) REPORT REQUIRED.—Not later than 180 days
6 after the date of the enactment of this Act, the Secretary
7 of Defense shall submit to the congressional defense com-
8 mittees a comprehensive report on the impact of perma-
9 frost thaw on the infrastructure, facilities, assets, and op-
10 erations of the Department of Defense.
11 (b) ELEMENTS.—The report required by subsection
12 (a) shall include the following:
13 (1) An identification of the infrastructure, fa-
14 cilities, and assets of the Department of Defense
15 that could be impacted by permafrost thaw.
16 (2) For each element of infrastructure and each
17 facility and asset identified pursuant to paragraph
18 (1)—
19 (A) an assessment of the threat posed by
20 permafrost thaw; and
21 (B) an estimate of potential damage in the
22 event of likely permafrost thaw.
23 (3) A description of the threats and impacts
24 posed by permafrost thaw to military and other na-
25 tional security operations.
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1 (c) CONSULTATION.—In preparing the report under
2 subsection (a), the Secretary may consult with other Fed-
3 eral agencies, agencies of State and local governments,
4 and academic institutions with expertise or experience in
5 the effects of permafrost thaw on infrastructure, facilities,
6 and operations.
7 (d) ASSET DEFINED.—In this section, the term
8 ‘‘asset’’ means the following:
9 (1) Any aircraft, weapon system, vehicle, equip-
10 ment, or gear of the Department of Defense or the
11 Armed Forces.
12 (2) Any other item of the Department or the
13 Armed Forces that the Secretary considers appro-
14 priate for purposes of this section.
15 SEC. 352. PLANS AND REPORTS ON EMERGENCY RESPONSE
16 TRAINING FOR MILITARY INSTALLATIONS.
17 (a) PLANS.—
18 (1) IN GENERAL.—Not later than 90 days after
19 the date of the enactment of this Act, the Secretary
20 of Defense shall ensure that each military installa-
21 tion under the jurisdiction of the Secretary that does
22 not conduct live emergency response training on an
23 annual basis or more frequently with the civilian law
24 enforcement and emergency response agencies re-
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1 sponsible for responding to an emergency at the in-
2 stallation develops a plan to conduct such training.
3 (2) ELEMENTS.—Each plan developed under
4 paragraph (1) with respect to an installation—
5 (A) shall include—
6 (i) the cost of implementing training
7 described in paragraph (1) at the installa-
8 tion;
9 (ii) a description of any obstacles to
10 the implementation of such training; and
11 (iii) recommendations for mitigating
12 any such obstacles; and
13 (B) shall be designed to ensure that the ci-
14 vilian law enforcement and emergency response
15 agencies described in paragraph (1) are familiar
16 with—
17 (i) the physical features of the instal-
18 lation, including gates, buildings, armories,
19 headquarters, command and control cen-
20 ters, and medical facilities; and
21 (ii) the emergency response personnel
22 and procedures of the installation.
23 (3) SUBMITTAL OF PLANS.—
24 (A) SUBMITTAL TO SECRETARY.—Not
25 later than 90 days after the date of the enact-
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1 ment of this Act, the commander of each mili-
2 tary installation required to develop a plan
3 under paragraph (1) shall submit such plan to
4 the Secretary of Defense.
5 (B) SUBMITTAL TO CONGRESS.—Not later
6 than 180 days after the date of the enactment
7 of this Act, the Secretary shall submit to the
8 Committees on Armed Services of the Senate
9 and the House of Representatives a summary of
10 the plans submitted to the Secretary under sub-
11 paragraph (A).
12 (b) REPORTS ON TRAINING CONDUCTED.—
13 (1) LIST OF INSTALLATIONS.—Not later than
14 March 1, 2021, the Secretary shall submit to the
15 Committees on Armed Services of the Senate and
16 the House of Representatives a list of all military in-
17 stallations under the jurisdiction of the Secretary
18 that conduct live emergency response training on an
19 annual basis or more frequently with the civilian law
20 enforcement and emergency response agencies re-
21 sponsible for responding to an emergency at the in-
22 stallation.
23 (2) ANNUAL REPORTS.—
24 (A) IN GENERAL.—Not later than one year
25 after the date of the enactment of this Act, and
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1 annually thereafter, the commander of each
2 military installation under the jurisdiction of
3 the Secretary shall submit to the Secretary a
4 report on each live emergency response training
5 conducted during the year covered by the report
6 with the civilian law enforcement and emer-
7 gency response agencies responsible for re-
8 sponding to an emergency at the installation.
9 (B) ELEMENTS.—Each report submitted
10 under subparagraph (A) shall include, with re-
11 spect to each training exercise, the following:
12 (i) The date and duration of the exer-
13 cise.
14 (ii) A detailed description of the exer-
15 cise.
16 (iii) An identification of all military
17 and civilian personnel who participated in
18 the exercise.
19 (iv) Any recommendations resulting
20 from the exercise.
21 (v) The actions taken, if any, to im-
22 plement such recommendations.
23 (C) INCLUSION IN ANNUAL BUDGET SUB-
24 MISSION.—
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1 (i) IN GENERAL.—The Secretary shall
2 include in the budget submitted to Con-
3 gress by the President pursuant to section
4 1105(a) of title 31, United States Code, a
5 summary of any report submitted to the
6 Secretary under subparagraph (A) during
7 the one-year period preceding the sub-
8 mittal of the budget.
9 (ii) CLASSIFIED FORM.—The sum-
10 mary submitted under clause (i) may be
11 submitted in classified form.
12 (D) SUNSET.—The requirement to submit
13 annual reports under subparagraph (A) shall
14 terminate upon the submittal of the budget de-
15 scribed in subparagraph (C)(i) for fiscal year
16 2024.
17 SEC. 353. REPORT ON IMPLEMENTATION BY DEPARTMENT
18 OF DEFENSE OF REQUIREMENTS RELATING
19 TO RENEWABLE FUEL PUMPS.
20 (a) IN GENERAL.—Not later than 90 days after the
21 date of the enactment of this Act, the Secretary of Defense
22 shall submit to Congress a report on the implementation
23 by the Department of Defense of the requirements under
24 section 246(a) of the Energy Independence and Security
25 Act of 2007 (42 U.S.C. 17053(a)).
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1 (b) ELEMENTS.—The report required by subsection
2 (a) shall include the following:
3 (1) An estimate of the cost to the Department
4 of fully implementing the requirements under section
5 246(a) of the Energy Independence and Security Act
6 of 2007; and
7 (2) An assessment of any problems or issues
8 the Department is having in complying with the re-
9 quirements under such section.
10 (c) EXCEPTION.—The report required by subsection
11 (a) shall not apply to a fueling center of the Department
12 with a fuel turnover rate of less than 100,000 gallons of
13 fuel per year.
14 SEC. 354. REPORT ON EFFECTS OF EXTREME WEATHER ON
15 DEPARTMENT OF DEFENSE.
16 (a) IN GENERAL.—Not later than 180 days after the
17 date of the enactment of this Act, the Secretary of Defense
18 shall submit to the congressional defense committees a re-
19 port on vulnerabilities to military installations and com-
20 batant commander requirements resulting from extreme
21 weather that builds upon the report submitted under sec-
22 tion 335(c) of the National Defense Authorization Act for
23 Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1358).
24 (b) ELEMENTS.—The report required by subsection
25 (a) shall include the following:
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1 (1) An explanation of the underlying method-
2 ology that the Department uses to assess the effects
3 of extreme weather in the report, including through
4 the use of a climate vulnerability and risk assess-
5 ment tool as directed under section 326 of the Na-
6 tional Defense Authorization Act for Fiscal Year
7 2020 (Public Law 116–92).
8 (2) An assessment of how extreme weather af-
9 fects low-lying military installations, military instal-
10 lations of the Navy and the Marine Corps, and mili-
11 tary installations outside the United States.
12 (3) An assessment of how extreme weather af-
13 fects access of members of the Armed Forces to
14 training ranges.
15 (4) With respect to a military installation in a
16 country outside the United States, an assessment of
17 the collaboration between the Department of De-
18 fense and the military or civilian agencies of the gov-
19 ernment of that country or nongovernmental organi-
20 zations operating in that country to adapt to risks
21 from extreme weather.
22 (5) An assessment of how extreme weather af-
23 fects housing safety and food security on military in-
24 stallations.
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1 (6) An assessment of the strategic benefits de-
2 rived from isolating infrastructure of the Depart-
3 ment of Defense in the United States from the na-
4 tional electric grid and the use of energy-efficient,
5 distributed, and smart power grids by the Armed
6 Forces in the United States and overseas to ensure
7 affordable access to electricity.
8 (7) A list of ten military installation resilience
9 projects conducted within each military department.
10 (8) An overview of mitigations, in addition to
11 current efforts undertaken by the Department, that
12 may be necessary to ensure the continued oper-
13 ational viability and to increase the resilience of mili-
14 tary installations, and the estimated costs of those
15 mitigations.
16 (c) CONSULTATION.—In developing the report re-
17 quired by subsection (a), the Secretary of Defense shall
18 consult with the Administrator of the Environmental Pro-
19 tection Agency, the Secretary of Energy, the Adminis-
20 trator of the National Oceanic and Atmospheric Adminis-
21 tration, the Administrator of the Federal Emergency Man-
22 agement Agency, the Commander of the Army Corps of
23 Engineers, the Administrator of the National Aeronautics
24 and Space Administration, a federally funded research and
25 development center, and the heads of such other relevant
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1 Federal agencies as the Secretary of Defense determines
2 appropriate.
3 (d) FORM OF REPORT.—The report required by sub-
4 section (a) shall be submitted in unclassified form but may
5 contain a classified annex if necessary.
6 (e) PUBLICATION.—Upon submittal of the report re-
7 quired by subsection (a), the Secretary of Defense shall
8 publish the unclassified portion of the report on an Inter-
9 net website of the Department of Defense that is available
10 to the public.
11 (f) DEFINITIONS.—In this section:
12 (1) EXTREME WEATHER.—The term ‘‘extreme
13 weather’’ means recurrent flooding, drought,
14 desertification, wildfires, and thawing permafrost.
15 (2) UNITED STATES.—The term ‘‘United
16 States’’ means the several States, the District of Co-
17 lumbia, and any territory or possession of the
18 United States.
19 Subtitle E—Other Matters
20 SEC. 371. PROHIBITION ON DIVESTITURE OF MANNED IN-
21 TELLIGENCE, SURVEILLANCE, AND RECON-
22 NAISSANCE AIRCRAFT OPERATED BY UNITED
23 STATES SPECIAL OPERATIONS COMMAND.
24 No funds authorized to be appropriated by this Act
25 may be used to divest any manned intelligence, surveil-
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1 lance, and reconnaissance aircraft operated by the United
2 States Special Operations Command, and the Department
3 of Defense may not divest any manned intelligence, sur-
4 veillance, and reconnaissance aircraft operated by the
5 United States Special Operations Command in fiscal year
6 2021.
7 SEC. 372. INFORMATION ON OVERSEAS CONSTRUCTION
8 PROJECTS IN SUPPORT OF CONTINGENCY
9 OPERATIONS USING FUNDS FOR OPERATION
10 AND MAINTENANCE.
11 (a) ANNUAL BUDGET JUSTIFICATION DISPLAY.—
12 Section 2805(c) of title 10, United States Code, is amend-
13 ed—
14 (1) by striking ‘‘The Secretary concerned’’ and
15 inserting ‘‘(1) The Secretary concerned’’; and
16 (2) by adding at the end the following new
17 paragraphs:
18 ‘‘(2) The Secretary of each military department, the
19 Director of each Defense Agency, and the head of any
20 other relevant component of the Department of Defense
21 shall track and report to the Under Secretary of Defense
22 (Comptroller) relevant data regarding all overseas con-
23 struction projects funded with amounts appropriated or
24 otherwise made available for operation and maintenance
25 in support of contingency operations.
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1 ‘‘(3)(A) The Secretary of Defense shall prepare, for
2 inclusion in the annual budget submission by the Presi-
3 dent to Congress under section 1105 of title 31, a consoli-
4 dated budget justification display, in classified and unclas-
5 sified form, that identifies all overseas construction
6 projects funded with amounts appropriated or otherwise
7 made available for operation and maintenance in support
8 of contingency operations.
9 ‘‘(B) The display prepared under subparagraph (A)
10 shall include a list of all construction projects described
11 in such subparagraph that were completed in the prior fis-
12 cal year, that are ongoing, or that are expected for the
13 next five fiscal years, and shall identify for each project—
14 ‘‘(i) the component of the Department of De-
15 fense involved in the project;
16 ‘‘(ii) the location of the project;
17 ‘‘(iii) a brief description of the purpose of the
18 project; and
19 ‘‘(iv) the actual or estimated cost of the
20 project.’’.
21 (b) REPORT ON CONSTRUCTION PROJECTS IN SUP-
22 PORT OF CONTINGENCY OPERATIONS.—
23 (1) IN GENERAL.—Not later than March 1,
24 2021, the Secretary of Defense shall submit to the
25 congressional defense committees a report on ways
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1 to improve the development, funding, and execution
2 of construction projects in support of overseas con-
3 tingency operations, including those funded with
4 amounts appropriated or otherwise made available
5 for operation and maintenance and those funded
6 with amounts appropriated or otherwise made avail-
7 able for military construction.
8 (2) ELEMENTS.—The report required by para-
9 graph (1) shall include, at a minimum, the following:
10 (A) An examination and comparison of the
11 time required to plan, approve, and execute con-
12 struction projects funded with operation and
13 maintenance amounts versus those funded with
14 military construction amounts, in support of
15 contingency operations, including construction
16 projects in support of recent operations in Af-
17 ghanistan, Iraq, Syria, and Eastern Europe.
18 (B) A description of any challenges associ-
19 ated with the processes of the Department of
20 Defense for planning, approving, and executing
21 such projects.
22 (C) A description of any ongoing or
23 planned efforts to improve such processes to
24 promote efficiency and expediency in the devel-
25 opment and execution of such projects.
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1 (D) Any recommendations with respect to
2 improving such processes, including those from
3 the commanders of the combatant commands
4 and the Secretaries of the military departments.
5 SEC. 373. PROVISION OF PROTECTION TO THE NATIONAL
6 MUSEUM OF THE MARINE CORPS, THE NA-
7 TIONAL MUSEUM OF THE UNITED STATES
8 ARMY, THE NATIONAL MUSEUM OF THE
9 UNITED STATES NAVY, AND THE NATIONAL
10 MUSEUM OF THE UNITED STATES AIR FORCE.
11 Section 2465(b) of title 10, United States Code, is
12 amended by adding at the end the following new para-
13 graph:
14 ‘‘(5) A contract for the performance of on-site
15 armed security guard functions to be performed—
16 ‘‘(A) at the Marine Corps Heritage Center
17 at Marine Corps Base Quantico, Virginia, in-
18 cluding the National Museum of the Marine
19 Corps;
20 ‘‘(B) at the Heritage Center for the Na-
21 tional Museum of the United States Army at
22 Fort Belvoir, Virginia;
23 ‘‘(C) at the Heritage Center for the Na-
24 tional Museum of the United States Navy at
25 Washington, District of Columbia; or
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1 ‘‘(D) at the Heritage Center for the Na-
2 tional Museum of the United States Air Force
3 at Wright-Patterson Air Force Base, Ohio.’’.
4 SEC. 374. INAPPLICABILITY OF CONGRESSIONAL NOTIFICA-
5 TION AND DOLLAR LIMITATION REQUIRE-
6 MENTS FOR ADVANCE BILLINGS FOR CER-
7 TAIN BACKGROUND INVESTIGATIONS.
8 Section 2208(l) of title 10, United States Code, is
9 amended—
10 (1) by redesignating paragraph (4) as para-
11 graph (5); and
12 (2) by inserting after paragraph (3) the fol-
13 lowing new paragraph (4):
14 ‘‘(4) This subsection shall not apply to advance bill-
15 ing for background investigation and related services per-
16 formed by the Defense Counterintelligence and Security
17 Agency.’’.
18 SEC. 375. REPEAL OF SUNSET FOR MINIMUM ANNUAL PUR-
19 CHASE AMOUNT FOR CARRIERS PARTICI-
20 PATING IN THE CIVIL RESERVE AIR FLEET.
21 Section 9515 of title 10, United States Code, is
22 amended by striking subsection (k).
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1 SEC. 376. IMPROVEMENT OF THE OPERATIONAL ENERGY
2 CAPABILITY IMPROVEMENT FUND OF THE
3 DEPARTMENT OF DEFENSE.
4 (a) MANAGEMENT OF THE OPERATIONAL ENERGY
5 CAPABILITY IMPROVEMENT FUND.—The Assistant Sec-
6 retary of Defense for Sustainment shall exercise authority,
7 direction, and control over the Operational Energy Capa-
8 bility Improvement Fund of the Department of Defense
9 (in this section referred to as the ‘‘OECIF’’).
10 (b) ALIGNMENT AND COORDINATION WITH RELATED
11 PROGRAMS.—
12 (1) REALIGNMENT OF OECIF.—Not later than
13 60 days after the date of the enactment of this Act,
14 the Secretary of Defense shall realign the OECIF
15 under the Assistant Secretary of Defense for
16 Sustainment, with such realignment to include per-
17 sonnel positions adequate for the mission of the
18 OECIF.
19 (2) BETTER COORDINATION WITH RELATED
20 PROGRAMS.—The Assistant Secretary shall ensure
21 that the placement under the authority of the Assist-
22 ant Secretary of the OECIF along with the Strategic
23 Environmental Research Program, the Environ-
24 mental Security Technology Certification Program,
25 and the Operational Energy Prototyping Program is
26 utilized to advance common goals of the Depart-
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1 ment, promote organizational synergies, and avoid
2 unnecessary duplication of effort.
3 (c) PROGRAM FOR OPERATIONAL ENERGY PROTO-
4 TYPING.—
5 (1) IN GENERAL.—Commencing not later than
6 90 days after the date of the enactment of this Act,
7 the Secretary of Defense, through the Assistant Sec-
8 retary of Defense for Sustainment, shall carry out a
9 program for the demonstration of technologies re-
10 lated to operational energy prototyping, including
11 demonstration of operational energy technology and
12 validation prototyping.
13 (2) OPERATION OF PROGRAM.—The Secretary
14 shall ensure that the program under paragraph (1)
15 operates in conjunction with the OECIF to promote
16 the transfer of innovative technologies that have suc-
17 cessfully established proof of concept for use in pro-
18 duction or in the field.
19 (3) PROGRAM ELEMENTS.—In carrying out the
20 program under paragraph (1) the Secretary shall—
21 (A) identify and demonstrate the most
22 promising, innovative, and cost-effective tech-
23 nologies and methods that address high-priority
24 operational energy requirements of the Depart-
25 ment of Defense;
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1 (B) in conducting demonstrations under
2 subparagraph (A), the Secretary shall—
3 (i) collect cost and performance data
4 to overcome barriers against employing an
5 innovative technology because of concerns
6 regarding technical or programmatic risk;
7 and
8 (ii) ensure that components of the De-
9 partment have time to establish new re-
10 quirements where necessary and plan, pro-
11 gram, and budget for technology transition
12 to programs of record;
13 (C) utilize project structures similar to
14 those of the OECIF to ensure transparency and
15 accountability throughout the efforts conducted
16 under the program; and
17 (D) give priority, in conjunction with the
18 OECIF, to the development and fielding of
19 clean technologies that reduce reliance on fossil
20 fuels.
21 (4) TOOL FOR ACCOUNTABILITY AND TRANSI-
22 TION.—
23 (A) IN GENERAL.—In carrying out the
24 program under paragraph (1) the Secretary
25 shall develop and utilize a tool to track relevant
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1 investments in operational energy from applied
2 research to transition to use to ensure user or-
3 ganizations have the full picture of technology
4 maturation and development.
5 (B) TRANSITION.—The tool developed and
6 utilized under subparagraph (A) shall be de-
7 signed to overcome transition challenges with
8 rigorous and well-documented demonstrations
9 that provide the information needed by all
10 stakeholders for acceptance of the technology.
11 (5) LOCATIONS.—
12 (A) IN GENERAL.—The Secretary shall
13 carry out the testing and evaluation phase of
14 the program under paragraph (1) at installa-
15 tions of the Department of Defense or in con-
16 junction with exercises conducted by the Joint
17 Staff, a combatant command, or a military de-
18 partment.
19 (B) FORMAL DEMONSTRATIONS.—The Sec-
20 retary shall carry out any formal demonstra-
21 tions under the program under paragraph (1)
22 at installations of the Department or in oper-
23 ational settings to document and validate im-
24 proved warfighting performance and cost sav-
25 ings.
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1 SEC. 377. COMMISSION ON THE NAMING OF ITEMS OF THE
2 DEPARTMENT OF DEFENSE THAT COMMEMO-
3 RATE THE CONFEDERATE STATES OF AMER-
4 ICA OR ANY PERSON WHO SERVED VOLUN-
5 TARILY WITH THE CONFEDERATE STATES OF
6 AMERICA.
7 (a) REMOVAL.—Not later than three years after the
8 date of the enactment of this Act, the Secretary of Defense
9 shall implement the plan submitted by the commission de-
10 scribed in paragraph (b) and remove all names, symbols,
11 displays, monuments, and paraphernalia that honor or
12 commemorate the Confederate States of America (com-
13 monly referred to as the ‘‘Confederacy’’) or any person
14 who served voluntarily with the Confederate States of
15 America from all assets of the Department of Defense.
16 (b) IN GENERAL.—The Secretary of Defense shall es-
17 tablish a commission relating to assigning, modifying, or
18 removing of names, symbols, displays, monuments, and
19 paraphernalia to assets of the Department of Defense that
20 commemorate the Confederate States of America or any
21 person who served voluntarily with the Confederate States
22 of America.
23 (c) DUTIES.—The Commission shall—
24 (1) assess the cost of renaming or removing
25 names, symbols, displays, monuments, or para-
26 phernalia that commemorate the Confederate States
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1 of America or any person who served voluntarily
2 with the Confederate States of America;
3 (2) develop procedures and criteria to assess
4 whether an existing name, symbol, monument, dis-
5 play, or paraphernalia commemorates the Confed-
6 erate States of America or person who served volun-
7 tarily with the Confederate States of America;
8 (3) recommend procedures for renaming assets
9 of the Department of Defense to prevent commemo-
10 ration of the Confederate States of America or any
11 person who served voluntarily with the Confederate
12 States of America;
13 (4) develop a plan to remove names, symbols,
14 displays, monuments, or paraphernalia that com-
15 memorate the Confederate States of America or any
16 person who served voluntarily with the Confederate
17 States of America from assets of the Department of
18 Defense, within the timeline established by this Act;
19 and
20 (5) include in the plan procedures and criteria
21 for collecting and incorporating local sensitivities as-
22 sociated with naming or renaming of assets of the
23 Department of Defense.
24 (d) MEMBERSHIP.—The Commission shall be com-
25 posed of eight members, of whom—
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1 (1) four shall be appointed by the Secretary of
2 Defense;
3 (2) one shall be appointed by the Chairman of
4 the Committee on Armed Services of the Senate;
5 (3) one shall be appointed by the Ranking
6 Member of the Committee on Armed Services of the
7 Senate;
8 (4) one shall be appointed by the Chairman of
9 the Committee on Armed Services of the House of
10 Representatives; and
11 (5) one shall be appointed by the Ranking
12 Member of the Committee on Armed Services of the
13 House of Representatives.
14 (e) APPOINTMENT.—Members of the Commission
15 shall be appointed not later than 45 days after the date
16 of the enactment of this Act.
17 (f) INITIAL MEETING.—The Commission shall hold
18 its initial meeting on the date that is 60 days after the
19 enactment of this Act.
20 (g) BRIEFINGS AND REPORTS.—Not later than Octo-
21 ber 1, 2021, the Commission shall brief the Committees
22 on Armed Services of the Senate and House of Represent-
23 atives detailing the progress of the requirements under
24 subsection (c). Not later than October 1, 2022, and not
25 later than 90 days before the implementation of the plan
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1 in subsection (c)(4), the Commission shall present a brief-
2 ing and written report detailing the results of the require-
3 ments under subsection (c), including:
4 (1) A list of assets to be removed or renamed.
5 (2) Costs associated with the removal or renam-
6 ing of assets in subsection (g)(1).
7 (3) Criteria and requirements used to nominate
8 and rename assets in subsection (g)(1).
9 (4) Methods of collecting and incorporating
10 local sensitivities associated with the removal or re-
11 naming of assets in subsection (g)(1).
12 (h) FUNDING.—
13 (1) AUTHORIZATION OF APPROPRIATIONS.—
14 There is authorized to be appropriated $2,000,000
15 to carry out this section.
16 (2) OFFSET.—The amount authorized to be ap-
17 propriated by the Act for fiscal year 2021 for Oper-
18 ations and Maintenance, Army, sub activity group
19 434 - other personnel support is hereby reduced by
20 $2,000,000.
21 (i) ASSETS DEFINED.—In this section, the term ‘‘as-
22 sets’’ includes any base, installation, street, building, facil-
23 ity, aircraft, ship, plane, weapon, equipment, or any other
24 property owned or controlled by the Department of De-
25 fense.
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1 (j) EXEMPTION FOR GRAVE MARKERS.—Shall not
2 cover monuments but shall exempt grave markers. Con-
3 gress expects the commission to further define what con-
4 stitutes a grave marker.
5 SEC. 378. MODIFICATIONS TO REVIEW OF PROPOSED AC-
6 TIONS BY MILITARY AVIATION AND INSTAL-
7 LATION ASSURANCE CLEARINGHOUSE.
8 Section 183a(c)(2) of title 10, United States Code,
9 is amended—
10 (1) by striking ‘‘If the Clearinghouse’’ and in-
11 serting ‘‘(A) If the Clearinghouse’’; and
12 (2) by adding at the end the following new sub-
13 paragraphs:
14 ‘‘(B) After the Clearinghouse issues a notice
15 under subparagraph (A) with respect to an energy
16 project, the parties should seek to identify feasible
17 and affordable actions that can be taken by the De-
18 partment, the developer of such energy project, or
19 others to mitigate any adverse impact on military
20 operations and readiness.
21 ‘‘(C) If the Secretary determines within a rea-
22 sonable period of time after the issuance of a notice
23 under subparagraph (A) with respect to an energy
24 project that the concerns identified in the prelimi-
25 nary review conducted under paragraph (1) with re-
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1 spect to such project have been mitigated to the ex-
2 tent that such project does not pose an unacceptable
3 level of risk to military operations and readiness, the
4 Clearinghouse shall timely issue a mission compat-
5 ibility letter to the applicant of such project, the gov-
6 ernor of the State in which such project is located,
7 and the Secretary of the finding of the Clearing-
8 house.’’.
9 SEC. 379. ADJUSTMENT IN AVAILABILITY OF APPROPRIA-
10 TIONS FOR UNUSUAL COST OVERRUNS AND
11 FOR CHANGES IN SCOPE OF WORK.
12 Section 8683 of title 10, United States Code, is
13 amended by adding at the end the following new sub-
14 section:
15 ‘‘(c) TREATMENT OF AMOUNTS APPROPRIATED
16 AFTER END OF PERIOD OF OBLIGATION.—In the applica-
17 tion of section 1553(c) of title 31 to funds appropriated
18 in the Operation and Maintenance, Navy account that are
19 available for ship overhaul, the Secretary of the Navy—
20 ‘‘(1) may treat the limitation specified in para-
21 graph (1) of such section to be ‘$10,000,000’ rather
22 than ‘$4,000,000’; and
23 ‘‘(2) may treat the limitation specified in para-
24 graph (2) of such section to be ‘$30,000,000’ rather
25 than ‘$25,000,000’.’’.
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1 SEC. 380. REQUIREMENT THAT SECRETARY OF DEFENSE
2 IMPLEMENT SECURITY AND EMERGENCY RE-
3 SPONSE RECOMMENDATIONS RELATING TO
4 ACTIVE SHOOTER OR TERRORIST ATTACKS
5 ON INSTALLATIONS OF DEPARTMENT OF DE-
6 FENSE.
7 (a) REQUIREMENT.—Not later than 90 days after the
8 date of the enactment of this Act, the Secretary of Defense
9 shall implement the applicable security and emergency re-
10 sponse recommendations relating to active shooter or ter-
11 rorist attacks on installations of the Department of De-
12 fense made in the following reports:
13 (1) The report by the Government Account-
14 ability Office dated July 2015 entitled, ‘‘Insider
15 Threats: DOD Should Improve Information Sharing
16 and Oversight to Protect U.S. Installations’’ (GAO–
17 15–543).
18 (2) The report prepared by the Department of
19 the Navy relating to the Washington Navy Yard
20 shooting in 2013.
21 (3) The report by the Department of the Army
22 dated August 2010 entitled ‘‘Fort Hood, Army In-
23 ternal Review Team: Final Report’’.
24 (4) The independent review by the Department
25 of Defense dated January 2010 entitled ‘‘Protecting
26 the Force: Lessons from Fort Hood’’.
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1 (5) The report by the Department of the Air
2 Force dated October 2010 entitled ‘‘Air Force Fol-
3 low-On Review: Protecting the Force: Lessons from
4 Fort Hood’’.
5 (b) NOTIFICATION OF INAPPLICABLE RECOMMENDA-
6 TIONS.—
7 (1) IN GENERAL.—If the Secretary determines
8 that a recommendation described in subsection (a) is
9 outdated, is no longer applicable, or has been super-
10 seded by more recent separate guidance or rec-
11 ommendations set forth by the Government Account-
12 ability Office, the Department of Defense, or an-
13 other entity in related contracted review, the Sec-
14 retary shall notify the Committees on Armed Serv-
15 ices of the Senate and the House of Representatives
16 not later than 45 days after the date of the enact-
17 ment of this Act.
18 (2) IDENTIFICATION AND JUSTIFICATION.—The
19 notification under paragraph (1) shall include an
20 identification, set forth by report specified in sub-
21 section (a), of each recommendation that the Sec-
22 retary determines should not be implemented, with
23 a justification for each such determination.
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1 SEC. 381. CLARIFICATION OF FOOD INGREDIENT REQUIRE-
2 MENTS FOR FOOD OR BEVERAGES PROVIDED
3 BY THE DEPARTMENT OF DEFENSE.
4 (a) IN GENERAL.—Before making any final rule,
5 statement, or determination regarding the limitation or
6 prohibition of any food or beverage ingredient in military
7 food service, military medical foods, commissary food, or
8 commissary food service, the Secretary of Defense shall
9 publish in the Federal Register a notice of a preliminary
10 rule, statement, or determination (in this section referred
11 to as a ‘‘proposed action’’) and provide opportunity for
12 public comment.
13 (b) MATTERS TO BE INCLUDED.—The Secretary
14 shall include in any notice published under subsection (a)
15 the following:
16 (1) The date of the notice.
17 (2) Contact information for the appropriate of-
18 fice at the Department of Defense.
19 (3) A summary of the notice.
20 (4) A date for comments to be submitted and
21 specific methods for submitting comments.
22 (5) A description of the substance of the pro-
23 posed action.
24 (6) Findings and a statement of reasons sup-
25 porting the proposed action.
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1 TITLE IV—MILITARY
2 PERSONNEL AUTHORIZATIONS
3 Subtitle A—Active Forces
4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
5 The Armed Forces are authorized strengths for active
6 duty personnel as of September 30, 2021, as follows:
7 (1) The Army, 485,000.
8 (2) The Navy, 346,730.
9 (3) The Marine Corps, 180,000.
10 (4) The Air Force, 333,475.
11 SEC. 402. END STRENGTH LEVEL MATTERS.
12 (a) STRENGTH LEVELS TO SUPPORT TWO MAJOR
13 REGIONAL CONTINGENCIES.—
14 (1) IN GENERAL.—Section 691 of title 10,
15 United States Code, is repealed.
16 (2) TABLE OF SECTIONS.—The table of sections
17 at the beginning of chapter 39 of such title is
18 amended by striking the item relating to section
19 691.
20 (b) CERTAIN ACTIVE-DUTY AND SELECTED RESERVE
21 STRENGTHS.—Section 115 of such title is amended—
22 (1) in subsection (f)(1), by striking ‘‘increase’’
23 and inserting ‘‘vary’’; and
24 (2) in subsection (g)(1)(A), by striking ‘‘in-
25 crease’’ and inserting ‘‘vary’’.
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1 Subtitle B—Reserve Forces
2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
3 (a) IN GENERAL.—The Armed Forces are authorized
4 strengths for Selected Reserve personnel of the reserve
5 components as of September 30, 2021, as follows:
6 (1) The Army National Guard of the United
7 States, 336,500.
8 (2) The Army Reserve, 189,800.
9 (3) The Navy Reserve, 58,800.
10 (4) The Marine Corps Reserve, 38,500.
11 (5) The Air National Guard of the United
12 States, 108,100.
13 (6) The Air Force Reserve, 70,300.
14 (7) The Coast Guard Reserve, 7,000.
15 (b) END STRENGTH REDUCTIONS.—The end
16 strengths prescribed by subsection (a) for the Selected Re-
17 serve of any reserve component shall be proportionately
18 reduced by—
19 (1) the total authorized strength of units orga-
20 nized to serve as units of the Selected Reserve of
21 such component which are on active duty (other
22 than for training) at the end of the fiscal year; and
23 (2) the total number of individual members not
24 in units organized to serve as units of the Selected
25 Reserve of such component who are on active duty
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1 (other than for training or for unsatisfactory partici-
2 pation in training) without their consent at the end
3 of the fiscal year.
4 (c) END STRENGTH INCREASES.—Whenever units or
5 individual members of the Selected Reserve of any reserve
6 component are released from active duty during any fiscal
7 year, the end strength prescribed for such fiscal year for
8 the Selected Reserve of such reserve component shall be
9 increased proportionately by the total authorized strengths
10 of such units and by the total number of such individual
11 members.
12 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
13 DUTY IN SUPPORT OF THE RESERVES.
14 Within the end strengths prescribed in section
15 411(a), the reserve components of the Armed Forces are
16 authorized, as of September 30, 2021, the following num-
17 ber of Reserves to be serving on full-time active duty or
18 full-time duty, in the case of members of the National
19 Guard, for the purpose of organizing, administering, re-
20 cruiting, instructing, or training the reserve components:
21 (1) The Army National Guard of the United
22 States, 30,595.
23 (2) The Army Reserve, 16,511.
24 (3) The Navy Reserve, 10,215.
25 (4) The Marine Corps Reserve, 2,386.
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1 (5) The Air National Guard of the United
2 States, 25,333.
3 (6) The Air Force Reserve, 5,256.
4 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
5 (DUAL STATUS).
6 (a) IN GENERAL.—The authorized number of mili-
7 tary technicians (dual status) as of the last day of fiscal
8 year 2021 for the reserve components of the Army and
9 the Air Force (notwithstanding section 129 of title 10,
10 United States Code) shall be the following:
11 (1) For the Army National Guard of the United
12 States, 22,294.
13 (2) For the Army Reserve, 6,492.
14 (3) For the Air National Guard of the United
15 States, 10,994.
16 (4) For the Air Force Reserve, 7,947.
17 (b) LIMITATION.—Under no circumstances may a
18 military technician (dual status) employed under the au-
19 thority of this section be coerced by a State into accepting
20 an offer of realignment or conversion to any other military
21 status, including as a member of the Active, Guard, and
22 Reserve program of a reserve component. If a military
23 technician (dual status) declines to participate in such re-
24 alignment or conversion, no further action will be taken
25 against the individual or the individual’s position.
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1 SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
2 THORIZED TO BE ON ACTIVE DUTY FOR
3 OPERATIONAL SUPPORT.
4 During fiscal year 2021, the maximum number of
5 members of the reserve components of the Armed Forces
6 who may be serving at any time on full-time operational
7 support duty under section 115(b) of title 10, United
8 States Code, is the following:
9 (1) The Army National Guard of the United
10 States, 17,000.
11 (2) The Army Reserve, 13,000.
12 (3) The Navy Reserve, 6,200.
13 (4) The Marine Corps Reserve, 3,000.
14 (5) The Air National Guard of the United
15 States, 16,000.
16 (6) The Air Force Reserve, 14,000.
17 SEC. 415. SEPARATE AUTHORIZATION BY CONGRESS OF
18 MINIMUM END STRENGTHS FOR NON-TEM-
19 PORARY MILITARY TECHNICIANS (DUAL STA-
20 TUS) AND MAXIMUM END STRENGTHS FOR
21 TEMPORARY MILITARY TECHNICIANS (DUAL
22 STATUS).
23 (a) IN GENERAL.—Section 115(d) of title 10, United
24 States Code, is amended—
25 (1) in the first sentence, by striking ‘‘the end
26 strength for military technicians (dual status)’’ and
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1 inserting ‘‘both the minimum end strength for non-
2 temporary military technicians (dual status) and the
3 maximum end strength for temporary military tech-
4 nicians (dual status)’’; and
5 (2) in the third sentence, by striking ‘‘the end
6 strength requested for military technicians (dual sta-
7 tus)’’ and inserting ‘‘the minimum end strength for
8 non-temporary military technicians (dual status),
9 and the maximum end strength for temporary mili-
10 tary technicians (dual status), requested’’.
11 (b) EFFECTIVE DATE.—The amendments made by
12 subsection (a) shall take effect on the day after the date
13 of the enactment of this Act. The amendment made by
14 subsection (a)(2) shall apply with respect to budgets sub-
15 mitted by the President to Congress under section 1105
16 of title 31, United States Code, after such effective date.
17 Subtitle C—Authorization of
18 Appropriations
19 SEC. 421. MILITARY PERSONNEL.
20 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds
21 are hereby authorized to be appropriated for fiscal year
22 2021 for the use of the Armed Forces and other activities
23 and agencies of the Department of Defense for expenses,
24 not otherwise provided for, for military personnel, as spec-
25 ified in the funding table in section 4401.
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1 (b) CONSTRUCTION OF AUTHORIZATION.—The au-
2 thorization of appropriations in subsection (a) supersedes
3 any other authorization of appropriations (definite or in-
4 definite) for such purpose for fiscal year 2021.
5 TITLE V—MILITARY PERSONNEL
6 POLICY
7 Subtitle A—Officer Personnel
8 Policy
9 SEC. 501. REPEAL OF CODIFIED SPECIFICATION OF AU-
10 THORIZED STRENGTHS OF CERTAIN COMMIS-
11 SIONED OFFICERS ON ACTIVE DUTY.
12 Effective as of October 1, 2021, the text of section
13 523 of title 10, United States Code, is amended to read
14 as follows:
15 ‘‘The total number of commissioned officers serving
16 on active duty in the Army, Air Force, or Marine Corps
17 in each of the grades of major, lieutenant colonel, or colo-
18 nel, or in the Navy in each of the grades of lieutenant
19 commander, commander, or captain, at the end of any fis-
20 cal year shall be as specifically authorized by Act of Con-
21 gress for such fiscal year.’’.
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1 SEC. 502. TEMPORARY EXPANSION OF AVAILABILITY OF
2 ENHANCED CONSTRUCTIVE SERVICE CREDIT
3 IN A PARTICULAR CAREER FIELD UPON
4 ORIGINAL APPOINTMENT AS A COMMIS-
5 SIONED OFFICER.
6 (a) REGULAR OFFICERS.—Subparagraph (D) of sec-
7 tion 533(b)(1) of title 10, United States Code, is amended
8 to read as follows:
9 ‘‘(D) Additional credit as follows:
10 ‘‘(i) For special training or experience in a
11 particular officer field as designated by the Sec-
12 retary concerned, if such training or experience
13 is directly related to the operational needs of
14 the armed force concerned.
15 ‘‘(ii) During fiscal years 2021 through
16 2025, for advanced education in an officer field
17 so designated, if such education is directly re-
18 lated to the operational needs of the armed
19 force concerned.’’.
20 (b) RESERVE OFFICERS.—Section 12207(b)(1) of
21 such title is amended—
22 (1) in the matter preceding subparagraph (A),
23 ‘‘or a designation in’’ and all that follows through
24 ‘‘education or training,’’ and inserting ‘‘and who has
25 special training or experience, or advanced education
26 (if applicable),’’; and
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1 (2) by striking subparagraph (D) and inserting
2 the following new subparagraph:
3 ‘‘(D) Additional credit as follows:
4 ‘‘(i) For special training or experience in a
5 particular officer field as designated by the Sec-
6 retary concerned, if such training or experience
7 is directly related to the operational needs of
8 the armed force concerned.
9 ‘‘(ii) During fiscal years 2021 through
10 2025, for advanced education in an officer field
11 so designated, if such education is directly re-
12 lated to the operational needs of the armed
13 force concerned.’’.
14 (c) ANNUAL REPORT.—
15 (1) IN GENERAL.—Not later than February 1,
16 2022, and every four years thereafter, each Sec-
17 retary of a military department shall submit to the
18 Committees on Armed Services of the Senate and
19 the House of Representatives a report on the use of
20 the authorities in subparagraph (D) of section
21 553(b)(1) of title 10, United States Code (as amend-
22 ed by subsection (a)), and subparagraph (D) of sec-
23 tion 12207(b)(1) of such title (as amended by sub-
24 section (b)) (each referred to in this subsection as a
25 ‘‘constructive credit authority’’) during the preceding
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1 fiscal year for the Armed Forces under the jurisdic-
2 tion of such Secretary.
3 (2) ELEMENTS.—Each report under paragraph
4 (1) shall include, for the fiscal year and Armed
5 Forces covered by such report, the following:
6 (A) The manner in which constructive
7 service credit was calculated under each con-
8 structive credit authority.
9 (B) The number of officers credited con-
10 structive service credit under each constructive
11 credit authority.
12 (C) A description and assessment of the
13 utility of the constructive credit authorities in
14 meeting the operational needs of the Armed
15 Force concerned.
16 (D) Such other matters in connection with
17 the constructive credit authorities as the Sec-
18 retary of the military department concerned
19 considers appropriate.
20 SEC. 503. REQUIREMENT FOR PROMOTION SELECTION
21 BOARD RECOMMENDATION OF HIGHER
22 PLACEMENT ON PROMOTION LIST OF OFFI-
23 CERS OF PARTICULAR MERIT.
24 (a) IN GENERAL.—Section 616(g) of title 10, United
25 States Code, is amended—
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1 (1) in paragraph (1)—
2 (A) by striking ‘‘may’’ and inserting
3 ‘‘shall’’; and
4 (B) by inserting ‘‘, pursuant to guidelines
5 and procedures prescribed by the Secretary,’’
6 after ‘‘officers of particular merit’’; and
7 (2) in paragraph (3), by inserting ‘‘, pursuant
8 to guidelines and procedures prescribed by the Sec-
9 retary concerned,’’ after ‘‘shall recommend’’.
10 (b) EFFECTIVE DATE.—The amendments made by
11 subsection (a) shall take effect on the date of the enact-
12 ment of this Act, and shall apply with respect to officers
13 recommended for promotion by promotion selection boards
14 convened on or after that date.
15 SEC. 504. SPECIAL SELECTION REVIEW BOARDS FOR RE-
16 VIEW OF PROMOTION OF OFFICERS SUBJECT
17 TO ADVERSE INFORMATION IDENTIFIED
18 AFTER RECOMMENDATION FOR PROMOTION
19 AND RELATED MATTERS.
20 (a) REGULAR OFFICERS.—
21 (1) IN GENERAL.—Subchapter III of chapter
22 36 of title 10, United States Code, is amended by
23 inserting after section 628 the following new section:
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1 ‘‘§ 628a. Special selection review boards
2 ‘‘(a) IN GENERAL.—(1) If the Secretary of the mili-
3 tary department concerned determines that a person rec-
4 ommended by a promotion board for promotion to a grade
5 at or below the grade of major general, rear admiral in
6 the Navy, or an equivalent grade in the Space Force is
7 the subject of credible information of an adverse nature,
8 including any substantiated adverse finding or conclusion
9 described in section 615(a)(3)(A) of this title, that was
10 not furnished to the promotion board during its consider-
11 ation of the person for promotion as otherwise required
12 by such section, the Secretary shall convene a special se-
13 lection review board under this section to review the per-
14 son and recommend whether the recommendation for pro-
15 motion of the person should be sustained.
16 ‘‘(2) If a person and the recommendation for pro-
17 motion of the person is subject to review under this section
18 by a special selection review board convened under this
19 section, the name of the person—
20 ‘‘(A) shall not be disseminated or publicly re-
21 leased on the list of officers recommended for pro-
22 motion by the promotion board recommending the
23 promotion of the person; and
24 ‘‘(B) shall not be forwarded to the Secretary of
25 Defense, the President, or the Senate, as applicable,
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1 or included on a promotion list under section 624(a)
2 of this title.
3 ‘‘(b) CONVENING.—(1) Any special selection review
4 board convened under this section shall be convened in ac-
5 cordance with the provisions of section 628(f) of this title.
6 ‘‘(2) Any special selection review board convened
7 under this section may review such number of persons,
8 and recommendations for promotion of such persons, as
9 the Secretary of the military department concerned shall
10 specify in convening such special selection review board.
11 ‘‘(c) INFORMATION CONSIDERED.—(1) In reviewing
12 a person and recommending whether the recommendation
13 for promotion of the person should be sustained under this
14 section, a special selection review board convened under
15 this section shall be furnished and consider the following:
16 ‘‘(A) The record and information concerning
17 the person furnished in accordance with section
18 615(a)(2) of this title to the promotion board that
19 recommended the person for promotion.
20 ‘‘(B) Any credible information of an adverse na-
21 ture on the person, including any substantiated ad-
22 verse finding or conclusion from an officially docu-
23 mented investigation or inquiry described in section
24 615(a)(3)(A) of this title.
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1 ‘‘(2) The furnishing of information to a special selec-
2 tion review board under paragraph (1)(B) shall be gov-
3 erned by the standards and procedures referred to in para-
4 graph (3)(C) of section 615(a) of this title applicable to
5 the furnishing of information described in paragraph
6 (3)(A) of such section to selection boards in accordance
7 with that section.
8 ‘‘(3)(A) Before information on a person described in
9 paragraph (1)(B) is furnished to a special selection review
10 board for purposes of this section, the Secretary of the
11 military department concerned shall ensure that—
12 ‘‘(i) such information is made available to the
13 person; and
14 ‘‘(ii) subject to subparagraphs (C) and (D), the
15 person is afforded a reasonable opportunity to sub-
16 mit comments on such information to the special se-
17 lection review board before its review of the person
18 and the recommendation for promotion of the person
19 under this section.
20 ‘‘(B) If information on a person described in para-
21 graph (1)(B) is not made available to the person as other-
22 wise required by subparagraph (A)(i) due to the classifica-
23 tion status of such information, the person shall, to the
24 maximum extent practicable, be furnished a summary of
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1 such information appropriate to the person’s authorization
2 for access to classified information.
3 ‘‘(C)(i) An opportunity to submit comments on infor-
4 mation is not required for a person under subparagraph
5 (A)(ii) if—
6 ‘‘(I) such information was made available to the
7 person in connection with the furnishing of such in-
8 formation under section 615(a) of this title to the
9 promotion board that recommended the promotion of
10 the person subject to review under this section; and
11 ‘‘(II) the person submitted comments on such
12 information to that promotion board.
13 ‘‘(ii) The comments on information of a person de-
14 scribed in clause (i)(II) shall be furnished to the special
15 selection review board.
16 ‘‘(D) A person may waive either or both of the fol-
17 lowing:
18 ‘‘(i) The right to submit comments to a special
19 selection review board under subparagraph (A)(ii).
20 ‘‘(ii) The furnishing of comments to a special
21 selection review board under subparagraph (C)(ii).
22 ‘‘(d) CONSIDERATION.—(1) In considering the record
23 and information on a person under this section, the special
24 selection review board shall compare such record and in-
25 formation with an appropriate sampling of the records of
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1 those officers of the same competitive category who were
2 recommended for promotion by the promotion board that
3 recommended the person for promotion, and an appro-
4 priate sampling of the records of those officers who were
5 considered by and not recommended for promotion by that
6 promotion board.
7 ‘‘(2) Records and information shall be presented to
8 a special selection review board for purposes of paragraph
9 (1) in a manner that does not indicate or disclose the per-
10 son or persons for whom the special selection review board
11 was convened.
12 ‘‘(3) In considering whether the recommendation for
13 promotion of a person should be sustained under this sec-
14 tion, a special selection review board shall, to the greatest
15 extent practicable, apply standards used by the promotion
16 board that recommended the person for promotion.
17 ‘‘(4) The recommendation for promotion of a person
18 may be sustained under this section only if the special se-
19 lection review board determines that the person—
20 ‘‘(A) ranks on an order of merit created by the
21 special selection review board as better qualified for
22 promotion than the sample officer highest on the
23 order of merit list who was considered by and not
24 recommended for promotion by the promotion board
25 concerned; and
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1 ‘‘(B) is comparable in qualification for pro-
2 motion to those sample officers who were rec-
3 ommended for promotion by that promotion board.
4 ‘‘(5) A recommendation for promotion of a person
5 may be sustained under this section only by a vote of a
6 majority of the members of the special selection review
7 board.
8 ‘‘(6) If a special selection review board does not sus-
9 tain a recommendation for promotion of a person under
10 this section, the person shall be considered to have failed
11 of selection for promotion.
12 ‘‘(e) REPORTS.—(1) Each special selection review
13 board convened under this section shall submit to the Sec-
14 retary of the military department concerned a written re-
15 port, signed by each member of the board, containing the
16 name of each person whose recommendation for promotion
17 it recommends for sustainment and certifying that the
18 board has carefully considered the record and information
19 of each person whose name was referred to it.
20 ‘‘(2) The provisions of sections 617(b) and 618 of
21 this title apply to the report and proceedings of a special
22 selection review board convened under this section in the
23 same manner as they apply to the report and proceedings
24 of a promotion board convened under section 611(a) of
25 this title.
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1 ‘‘(f) APPOINTMENT OF PERSONS.—(1) If the report
2 of a special selection review board convened under this sec-
3 tion recommends the sustainment of the recommendation
4 for promotion to the next higher grade of a person whose
5 name was referred to it for review under this section, and
6 the President approves the report, the person shall, as
7 soon as practicable, be appointed to that grade in accord-
8 ance with subsections (b) and (c) of section 624 of this
9 title.
10 ‘‘(2) A person who is appointed to the next higher
11 grade as described in paragraph (1) shall, upon that ap-
12 pointment, have the same date of rank, the same effective
13 date for the pay and allowances of that grade, and the
14 same position on the active-duty list as the person would
15 have had pursuant to the original recommendation for
16 promotion of the promotion board concerned.
17 ‘‘(g) REGULATIONS.—(1) The Secretary of Defense
18 shall prescribe regulations to carry out this section. Such
19 regulations shall apply uniformly across the military de-
20 partments.
21 ‘‘(2) Any regulation prescribed by the Secretary of
22 a military department to supplement the regulations pre-
23 scribed pursuant to paragraph (1) may not take effect
24 without the approval of the Secretary of Defense, in writ-
25 ing.
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1 ‘‘(h) PROMOTION BOARD DEFINED.—In this section,
2 the term ‘promotion board ’means a selection board con-
3 vened by the Secretary of a military department under sec-
4 tion 611(a) of this title.’’.
5 (2) CLERICAL AMENDMENT.—The table of sec-
6 tions at the beginning of subchapter III of chapter
7 36 of such title is amended by inserting after the
8 item relating to section 628 the following new item:
‘‘628a. Special selection review boards.’’.
9 (3) DELAY IN PROMOTION.—Section 624(d) of
10 such title is amended—
11 (A) in paragraph (1)—
12 (i) in subparagraph (D), by striking
13 ‘‘or’’ at the end;
14 (ii) in subparagraph (E), by striking
15 the period at the end and inserting ‘‘; or’’;
16 and
17 (iii) by inserting after subparagraph
18 (E) the following new subparagraph (F):
19 ‘‘(F) the Secretary of the military department
20 concerned determines that credible information of an
21 adverse nature, including a substantiated adverse
22 finding or conclusion described in section
23 615(a)(3)(A) of this title, with respect to the officer
24 will result in the convening of a special selection re-
25 view board under section 628a of this title to review
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1 the officer and recommend whether the rec-
2 ommendation for promotion of the officer should be
3 sustained.’’;
4 (B) by redesignating paragraphs (3) and
5 (4) as paragraphs (4) and (5), respectively;
6 (C) by inserting after paragraph (2) the
7 following new paragraph (3):
8 ‘‘(3) In the case of an officer whose promotion is de-
9 layed pursuant to paragraph (1)(F) and whose rec-
10 ommendation for promotion is sustained, authorities for
11 the promotion of the officer are specified in section
12 628a(f) of this title.’’; and
13 (D) in paragraph (4), as redesignated by
14 subparagraph (B)—
15 (i) by striking ‘‘The appointment’’
16 and inserting ‘‘(A) Except as provided in
17 subparagraph (B), the appointment’’; and
18 (ii) by adding at the end the following
19 new subparagraph:
20 ‘‘(B) In the case of an officer whose promotion is de-
21 layed pursuant to paragraph (1)(F), requirements applica-
22 ble to notice and opportunity for response to such delay
23 are specified in section 628a(c)(3) of this title.’’.
24 (b) RESERVE OFFICERS.—
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1 (1) IN GENERAL.—Chapter 1407 of title 10,
2 United States Code, is amended by inserting after
3 section 14502 the following new section:
4 ‘‘§ 14502a. Special selection review boards
5 ‘‘(a) IN GENERAL.—(1) If the Secretary of the mili-
6 tary department concerned determines that a person rec-
7 ommended by a promotion board for promotion to a grade
8 at or below the grade of major general or rear admiral
9 in the Navy is the subject of credible information of an
10 adverse nature, including any substantiated adverse find-
11 ing or conclusion described in section 14107(a)(3)(A) of
12 this title, that was not furnished to the promotion board
13 during its consideration of the person for promotion as
14 otherwise required by such section, the Secretary shall
15 convene a special selection review board under this section
16 to review the person and recommend whether the rec-
17 ommendation for promotion of the person should be sus-
18 tained.
19 ‘‘(2) If a person and the recommendation for pro-
20 motion of the person is subject to review under this section
21 by a special selection review board convened under this
22 section, the name of the person—
23 ‘‘(A) shall not be disseminated or publicly re-
24 leased on the list of officers recommended for pro-
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1 motion by the promotion board recommending the
2 promotion of the person; and
3 ‘‘(B) shall not be forwarded to the Secretary of
4 Defense, the President, or the Senate, as applicable,
5 or included on a promotion list under section
6 14308(a) of this title.
7 ‘‘(b) CONVENING.—(1) Any special selection review
8 board convened under this section shall be convened in ac-
9 cordance with the provisions of section 14502(b)(2) of this
10 title.
11 ‘‘(2) Any special selection review board convened
12 under this section may review such number of persons,
13 and recommendations for promotion of such persons, as
14 the Secretary of the military department concerned shall
15 specify in convening such special selection review board.
16 ‘‘(c) INFORMATION CONSIDERED.—(1) In reviewing
17 a person and recommending whether the recommendation
18 for promotion of the person should be sustained under this
19 section, a special selection review board convened under
20 this section shall be furnished and consider the following:
21 ‘‘(A) The record and information concerning
22 the person furnished in accordance with section
23 14107(a)(2) of this title to the promotion board that
24 recommended the person for promotion.
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1 ‘‘(B) Any credible information of an adverse na-
2 ture on the person, including any substantiated ad-
3 verse finding or conclusion from an officially docu-
4 mented investigation or inquiry described in section
5 14107(a)(3)(A) of this title.
6 ‘‘(2) The furnishing of information to a special selec-
7 tion review board under paragraph (1)(B) shall be gov-
8 erned by the standards and procedures referred to in para-
9 graph (3)(B) of section 14107(a) of this title applicable
10 to the furnishing of information described in paragraph
11 (3)(A) of such section to promotion boards in accordance
12 with that section.
13 ‘‘(3)(A) Before information on person described in
14 paragraph (1)(B) is furnished to a special selection review
15 board for purposes of this section, the Secretary of the
16 military department concerned shall ensure that—
17 ‘‘(i) such information is made available to the
18 person; and
19 ‘‘(ii) subject to subparagraphs (C) and (D), the
20 person is afforded a reasonable opportunity to sub-
21 mit comments on such information to the special se-
22 lection review board before its review of the person
23 and the recommendation for promotion of the person
24 under this section.
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1 ‘‘(B) If information on an officer described in para-
2 graph (1)(B) is not made available to the person as other-
3 wise required by subparagraph (A)(i) due to the classifica-
4 tion status of such information, the person shall, to the
5 maximum extent practicable, be furnished a summary of
6 such information appropriate to the person’s authorization
7 for access to classified information.
8 ‘‘(C)(i) An opportunity to submit comments on infor-
9 mation is not required for a person under subparagraph
10 (A)(ii) if—
11 ‘‘(I) such information was made available to the
12 person in connection with the furnishing of such in-
13 formation under section 14107(a) of this title to the
14 promotion board that recommended the promotion of
15 the person subject to review under this section; and
16 ‘‘(II) the person submitted comments on such
17 information to that promotion board.
18 ‘‘(ii) The comments on information of a person de-
19 scribed in clause (i)(II) shall be furnished to the special
20 selection review board.
21 ‘‘(D) A person may waive either or both of the fol-
22 lowing:
23 ‘‘(i) The right to submit comments to a special
24 selection review board under subparagraph (A)(ii).
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1 ‘‘(ii) The furnishing of comments to a special
2 selection review board under subparagraph (C)(ii).
3 ‘‘(d) CONSIDERATION.—(1) In considering the record
4 and information on a person under this section, the special
5 selection review board shall compare such record and in-
6 formation with an appropriate sampling of the records of
7 those officers of the same competitive category who were
8 recommended for promotion by the promotion board that
9 recommended the person for promotion, and an appro-
10 priate sampling of the records of those officers who were
11 considered by and not recommended for promotion by that
12 promotion board.
13 ‘‘(2) Records and information shall be presented to
14 a special selection review board for purposes of paragraph
15 (1) in a manner that does not indicate or disclose the per-
16 son or persons for whom the special selection review board
17 was convened.
18 ‘‘(3) In considering whether the recommendation for
19 promotion of a person should be sustained under this sec-
20 tion, a special selection review board shall, to the greatest
21 extent practicable, apply standards used by the promotion
22 board that recommended the person for promotion.
23 ‘‘(4) The recommendation for promotion of a person
24 may be sustained under this section only if the special se-
25 lection review board determines that the person—
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1 ‘‘(A) ranks on an order of merit created by the
2 special selection review board as better qualified for
3 promotion than the sample officer highest on the
4 order of merit list who was considered by and not
5 recommended for promotion by the promotion board
6 concerned; and
7 ‘‘(B) is comparable in qualification for pro-
8 motion to those sample officers who were rec-
9 ommended for promotion by that promotion board.
10 ‘‘(5) A recommendation for promotion of a person
11 may be sustained under this section only by a vote of a
12 majority of the members of the special selection review
13 board.
14 ‘‘(6) If a special selection review board does not sus-
15 tain a recommendation for promotion of a person under
16 this section, the person shall be considered to have failed
17 of selection for promotion.
18 ‘‘(e) REPORTS.—(1) Each special selection review
19 board convened under this section shall submit to the Sec-
20 retary of the military department concerned a written re-
21 port, signed by each member of the board, containing the
22 name of each person whose recommendation for promotion
23 it recommends for sustainment and certifying that the
24 board has carefully considered the record and information
25 of each person whose name was referred to it.
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1 ‘‘(2) The provisions of sections 14109(c), 14110, and
2 14111 of this title apply to the report and proceedings
3 of a special selection review board convened under this sec-
4 tion in the same manner as they apply to the report and
5 proceedings of a promotion board convened under section
6 14101(a) of this title.
7 ‘‘(f) APPOINTMENT OF PERSONS.—(1) If the report
8 of a special selection review board convened under this sec-
9 tion recommends the sustainment of the recommendation
10 for promotion to the next higher grade of a person whose
11 name was referred to it for review under this section, and
12 the President approves the report, the person shall, as
13 soon as practicable, be appointed to that grade in accord-
14 ance with section 14308 of this title.
15 ‘‘(2) A person who is appointed to the next higher
16 grade as described in paragraph (1) shall, upon that ap-
17 pointment, have the same date of rank, the same effective
18 date for the pay and allowances of that grade, and the
19 same position on the reserve active-status list as the per-
20 son would have had pursuant to the original recommenda-
21 tion for promotion of the promotion board concerned.
22 ‘‘(g) REGULATIONS.—(1) The Secretary of Defense
23 shall prescribe regulations to carry out this section. Such
24 regulations shall apply uniformly across the military de-
25 partments.
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229
1 ‘‘(2) Any regulation prescribed by the Secretary of
2 a military department to supplement the regulations pre-
3 scribed pursuant to paragraph (1) may not take effect
4 without the approval of the Secretary of Defense, in writ-
5 ing.
6 ‘‘(h) PROMOTION BOARD DEFINED.—In this section,
7 the term ‘promotion board ’means a selection board con-
8 vened by the Secretary of a military department under sec-
9 tion 14101(a) of this title.’’.
10 (2) CLERICAL AMENDMENT.—The table of sec-
11 tions at the beginning of chapter 1407 of such title
12 is amended by inserting after the item relating to
13 section 14502 the following new item:
‘‘14502a. Special selection review boards.’’.
14 (3) DELAY IN PROMOTION.—Section 14311 of
15 such title is amended—
16 (A) in subsection (a)—
17 (i) in paragraph (1), by adding at the
18 end the following new subparagraph:
19 ‘‘(F) The Secretary of the military department
20 concerned determines that credible information of
21 adverse nature, including a substantiated adverse
22 finding or conclusion described in section
23 14107(a)(3)(A) of this title, with respect to the offi-
24 cer will result in the convening of a special selection
25 review board under section 14502a of this title to re-
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230
1 view the officer and recommend whether the rec-
2 ommendation for promotion of the officer should be
3 sustained.’’; and
4 (ii) by adding at the end the following
5 new paragraph:
6 ‘‘(2) In the case of an officer whose promotion is de-
7 layed pursuant to paragraph (1)(F) and whose rec-
8 ommendation for promotion is sustained, authorities for
9 the promotion of the officer are specified in section
10 14502a(f) of this title.’’; and
11 (B) in subsection (c), by adding at the end
12 the following new paragraph:
13 ‘‘(3) Notwithstanding paragraphs (1) and (2), in the
14 case of an officer whose promotion is delayed pursuant
15 to subsection (a)(1)(F), requirements applicable to notice
16 and opportunity for response to such delay are specified
17 in section 14502a(c)(3) of this title.’’.
18 (c) REQUIREMENTS FOR FURNISHING ADVERSE IN-
19 FORMATION ON REGULAR OFFICERS TO PROMOTION SE-
20 LECTION BOARDS.—
21 (1) EXTENSION OF REQUIREMENTS TO SPACE
22 FORCE REGULAR OFFICERS.—Subparagraph (B)(i)
23 of section 615(a)(3) of title 10, United States Code,
24 is amended by striking ‘‘or, in the case of the Navy,
25 lieutenant’’ and inserting ‘‘, in the case of the Navy,
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231
1 lieutenant, or in the case of the Space Force, the
2 equivalent grade’’.
3 (2) SATISFACTION OF REQUIREMENTS
4 THROUGH SPECIAL SELECTION REVIEW BOARDS.—
5 Such section is further amended by adding at the
6 end the following new subparagraph:
7 ‘‘(D) With respect to the consideration of an officer
8 for promotion to a grade at or below major general, in
9 the case of the Navy, rear admiral, or, in the case of the
10 Space Force, the equivalent grade, the requirements in
11 subparagraphs (A) and (C) may be met through the con-
12 vening and actions of a special selection review board with
13 respect to the officer under section 628a of this title.’’.
14 (3) DELAYED APPLICABILITY OF REQUIRE-
15 MENTS TO BOARDS FOR PROMOTION OF OFFICERS
16 TO NON-GENERAL AND FLAG OFFICER GRADES.—
17 Subsection (c) of section 502 of the National De-
18 fense Authorization Act for Fiscal Year 2020 (Pub-
19 lic Law 116–92) is amended to read as follows:
20 ‘‘(c) EFFECTIVE DATE AND APPLICABILITY.—
21 ‘‘(1) EFFECTIVE DATE.—The amendments
22 made by this section shall take effect on December
23 20, 2019, and shall, except as provided in paragraph
24 (2), apply with respect to the proceedings of pro-
25 motion selection boards convened under section
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1 611(a) of title 10, United States Code, after that
2 date.
3 ‘‘(2) DELAYED APPLICABILITY FOR BOARDS
4 FOR PROMOTION TO NON-GENERAL AND FLAG OFFI-
5 CER GRADES.—The amendments made this section
6 shall apply with respect to the proceedings of pro-
7 motion selection boards convened under section
8 611(a) of title 10, United States Code, for consider-
9 ation of officers for promotion to a grade below the
10 grade of brigadier general or, in the case of the
11 Navy, rear admiral (lower half), only if such boards
12 are so convened after January 1, 2021.’’.
13 (d) REQUIREMENTS FOR FURNISHING ADVERSE IN-
14 FORMATION ON RESERVE OFFICERS TO PROMOTION SE-
15 LECTION BOARDS.—Section 14107(a)(3) of title 10,
16 United States Code, is amended—
17 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’;
18 (2) in subparagraph (A), as designated by para-
19 graph (1), by striking ‘‘colonel, or, in the case of the
20 Navy, captain’’ and inserting ‘‘lieutenant colonel, or,
21 in the case of the Navy, commander’’; and
22 (3) by adding at the end the following new sub-
23 paragraphs
24 ‘‘(B) The standards and procedures referred to in
25 subparagraph (A) shall require the furnishing to the selec-
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1 tion board, and to each individual member of the board,
2 the information described in that subparagraph with re-
3 gard to an officer in a grade specified in that subpara-
4 graph at each stage or phase of the selection board, con-
5 current with the screening, rating, assessment, evaluation,
6 discussion, or other consideration by the board or member
7 of the official military personnel file of the officer, or of
8 the officer.
9 ‘‘(C) With respect to the consideration of an officer
10 for promotion to a grade at or below major general or,
11 in the Navy, rear admiral, the requirements in subpara-
12 graphs (A) and (B) may be met through the convening
13 and actions of a special selection board with respect to
14 the officer under section 14502a of this title.’’.
15 SEC. 505. NUMBER OF OPPORTUNITIES FOR CONSIDER-
16 ATION FOR PROMOTION UNDER ALTER-
17 NATIVE PROMOTION AUTHORITY.
18 Section 649c of title 10, United States Code, is
19 amended—
20 (1) by redesignating subsection (d) as sub-
21 section (e); and
22 (2) by inserting after subsection (c) the fol-
23 lowing new subsection (d):
24 ‘‘(d) INAPPLICABILITY OF REQUIREMENT RELATING
25 TO OPPORTUNITIES FOR CONSIDERATION FOR PRO-
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1 MOTION.—Section 645(1)(A)(i)(I) of this title shall not
2 apply to the promotion of officers described in subsection
3 (a) to the extent that such section is inconsistent with a
4 number of opportunities for promotion specified pursuant
5 to section 649d of this title.’’.
6 SEC. 506. MANDATORY RETIREMENT FOR AGE.
7 (a) GENERAL RULE.—Subsection (a) of section 1251
8 of title 10, United States Code, is amended—
9 (1) by inserting ‘‘Space Force,’’ after ‘‘or Ma-
10 rine Corps,’’; and
11 (2) by inserting ‘‘or separated, as specified in
12 subsection (e),’’ after ‘‘shall be retired’’.
13 (b) DEFERRED RETIREMENT OR SEPARATION OF
14 HEALTH PROFESSIONS OFFICERS.—Subsection (b) of
15 such section is amended—
16 (1) in the subsection heading, by inserting ‘‘OR
17 SEPARATION’’ after ‘‘RETIREMENT’’; and
18 (2) in paragraph (1), by inserting ‘‘or separa-
19 tion’’ after ‘‘retirement’’.
20 (c) DEFERRED RETIREMENT OR SEPARATION OF
21 OTHER OFFICERS.—Subsection (c) of such section is
22 amended—
23 (1) in the subsection heading, by striking ‘‘OF
24 CHAPLAINS’’ and inserting ‘‘OR SEPARATION OF
25 OTHER OFFICERS’’;
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1 (2) by inserting ‘‘or separation’’ after ‘‘retire-
2 ment’’; and
3 (3) by striking ‘‘an officer who is appointed or
4 designated as a chaplain’’ and inserting ‘‘any officer
5 other than a health professions officer described in
6 subsection (b)(2)’’.
7 (d) RETIREMENT OR SEPARATION BASED ON YEARS
8 OF CREDITABLE SERVICE.—Such section is further
9 amended by adding at the end the following new sub-
10 section:
11 ‘‘(e) RETIREMENT OR SEPARATION BASED ON YEARS
12 OF CREDITABLE SERVICE.—The following rules shall
13 apply to a regular commissioned officer who is to be re-
14 tired or separated under subsection (a):
15 ‘‘(1) If the officer has at least 6 but fewer than
16 20 years of creditable service, the officer shall be
17 separated, with separation pay computed under sec-
18 tion 1174(d)(1) of this title.
19 ‘‘(2) If the officer has fewer than 6 years of
20 creditable service, the officer shall be separated
21 under subsection (a).’’.
22 SEC. 507. CLARIFYING AND IMPROVING RESTATEMENT OF
23 RULES ON THE RETIRED GRADE OF COMMIS-
24 SIONED OFFICERS.
25 (a) RESTATEMENT.—
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236
1 (1) IN GENERAL.—Chapter 69 of title 10,
2 United States Code, is amended by striking section
3 1370 and inserting the following new sections:
4 ‘‘§ 1370. Regular commissioned officers
5 ‘‘(a) RETIREMENT IN HIGHEST GRADE IN WHICH
6 SERVED SATISFACTORILY.—
7 ‘‘(1) IN GENERAL.—Unless entitled to a dif-
8 ferent retired grade under some other provision of
9 law, a commissioned officer (other than a commis-
10 sioned warrant officer) of the Army, Navy, Air
11 Force, Marine Corps, or Space Force who retires
12 under any provision of law other than chapter 61 or
13 1223 of this title shall be retired in the highest per-
14 manent grade in which such officer is determined to
15 have served on active duty satisfactorily.
16 ‘‘(2) DETERMINATION OF SATISFACTORY SERV-
17 ICE.—The determination of satisfactory service of an
18 officer in a grade under paragraph (1) shall be made
19 as follows:
20 ‘‘(A) By the Secretary of the military de-
21 partment concerned, if the officer is serving in
22 a grade at or below the grade of major general,
23 rear admiral in the Navy, or the equivalent
24 grade in the Space Force.
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1 ‘‘(B) By the Secretary of Defense, if the
2 officer is serving or has served in a grade above
3 the grade of major general, rear admiral in the
4 Navy, or the equivalent grade in the Space
5 Force.
6 ‘‘(3) EFFECT OF MISCONDUCT IN LOWER
7 GRADE IN DETERMINATION.—If the Secretary of a
8 military department or the Secretary of Defense, as
9 applicable, determines that an officer committed
10 misconduct in a lower grade than the retirement
11 grade otherwise provided for the officer by this sec-
12 tion—
13 ‘‘(A) such Secretary may deem the officer
14 to have not served satisfactorily in any grade
15 equal to or higher than such lower grade for
16 purposes of determining the retirement grade of
17 the officer under this section; and
18 ‘‘(B) the grade next lower to such lower
19 grade shall be the retired grade of the officer
20 under this section.
21 ‘‘(4) NATURE OF RETIREMENT OF CERTAIN RE-
22 SERVE OFFICERS AND OFFICERS IN TEMPORARY
23 GRADES.—A reserve officer, or an officer appointed
24 to a position under section 601 of this title, who is
25 notified that the officer will be released from active
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238
1 duty without the officer’s consent and thereafter re-
2 quests retirement under section 7311, 8323, or 9311
3 of this title and is retired pursuant to that request
4 is considered for purposes of this section to have
5 been retired involuntarily.
6 ‘‘(5) NATURE OF RETIREMENT OF CERTAIN RE-
7 MOVED OFFICERS.—An officer retired pursuant to
8 section 1186(b)(1) of this title is considered for pur-
9 poses of this section to have been retired voluntarily.
10 ‘‘(b) RETIREMENT OF OFFICERS RETIRING VOLUN-
11 TARILY.—
12 ‘‘(1) SERVICE-IN-GRADE REQUIREMENT.—In
13 order to be eligible for voluntary retirement under
14 any provision of this title in a grade above the grade
15 of captain in the Army, Air Force, or Marine Corps,
16 lieutenant in the Navy, or the equivalent grade in
17 the Space Force, a commissioned officer of the
18 Army, Navy, Air Force, Marine Corps, or Space
19 Force must have served on active duty in that grade
20 for a period of not less than three years, except
21 that—
22 ‘‘(A) subject to subsection (c), the Sec-
23 retary of Defense may reduce such period to a
24 period of not less than two years for any offi-
25 cer; and
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239
1 ‘‘(B) in the case of an officer to be retired
2 in a grade at or below the grade of major gen-
3 eral in the Army, Air Force, or Marine Corps,
4 rear admiral in the Navy, or an equivalent
5 grade in the Space Force, the Secretary of De-
6 fense may authorize the Secretary of the mili-
7 tary department concerned to reduce such pe-
8 riod to a period of not less than two years.
9 ‘‘(2) LIMITATION ON DELEGATION.—The au-
10 thority of the Secretary of Defense in subparagraph
11 (A) of paragraph (1) may not be delegated. The au-
12 thority of the Secretary of a military department in
13 subparagraph (B) of paragraph (1), as delegated to
14 such Secretary pursuant to such subparagraph, may
15 not be further delegated.
16 ‘‘(3) WAIVER OF REQUIREMENT.—Subject to
17 subsection (c), the President may waive the applica-
18 tion of the service-in-grade requirement in para-
19 graph (1) to officers covered by that paragraph in
20 individual cases involving extreme hardship or excep-
21 tional or unusual circumstances. The authority of
22 the President under this paragraph may not be dele-
23 gated.
24 ‘‘(4) LIMITATION ON REDUCTION OR WAIVER
25 OF REQUIREMENT FOR OFFICERS UNDER INVES-
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240
1 TIGATION OR PENDING MISCONDUCT.—In the case of
2 an officer to be retired in a grade above the grade
3 of colonel in the Army, Air Force, or Marine Corps,
4 captain in the Navy, or the equivalent grade in the
5 Space Force, the service-in-grade requirement in
6 paragraph (1) may not be reduced pursuant to that
7 paragraph, or waived pursuant to paragraph (3),
8 while the officer is under investigation for alleged
9 misconduct or while there is pending the disposition
10 of an adverse personnel action against the officer.
11 ‘‘(5) GRADE AND FISCAL YEAR LIMITATIONS ON
12 REDUCTION OR WAIVER OF REQUIREMENTS.—The
13 aggregate number of members of an armed force in
14 a grade for whom reductions are made under para-
15 graph (1), and waivers are made under paragraph
16 (3), in a fiscal year may not exceed—
17 ‘‘(A) in the case of officers to be retired in
18 a grade at or below the grade of major in the
19 Army, Air Force, or Marine Corps, lieutenant
20 commander in the Navy, or the equivalent
21 grade in the Space Force, the number equal to
22 two percent of the authorized active-duty
23 strength for that fiscal year for officers of that
24 armed force in that grade;
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241
1 ‘‘(B) in the case of officers to be retired in
2 the grade of lieutenant colonel or colonel in the
3 Army, Air Force, or Marine Corps, commander
4 or captain in the Navy, or an equivalent grade
5 in the Space Force, the number equal to four
6 percent of the authorized active-duty strength
7 for that fiscal year for officers of that armed
8 force in the applicable grade; or
9 ‘‘(C) in the case of officers to be retired in
10 the grade of brigadier general or major general
11 in the Army, Air Force, or Marine Corps, rear
12 admiral (lower half) or rear admiral in the
13 Navy, or an equivalent grade in the Space
14 Force, the number equal to 10 percent of the
15 authorized active-duty strength for that fiscal
16 year for officers of that armed force in the ap-
17 plicable grade.
18 ‘‘(6) NOTICE TO CONGRESS ON REDUCTION OR
19 WAIVER OF REQUIREMENTS FOR GENERAL, FLAG,
20 AND EQUIVALENT OFFICER GRADES.—In the case of
21 an officer to be retired in a grade that is a general
22 or flag officer grade, or an equivalent grade in the
23 Space Force, who is eligible to retire in that grade
24 only by reason of an exercise of the authority in
25 paragraph (1) to reduce the service-in-grade require-
† S 4049 ES
242
1 ment in that paragraph, or the authority in para-
2 graph (3) to waive that requirement, the Secretary
3 of Defense or the President, as applicable, shall, not
4 later than 60 days prior to the date on which the
5 officer will be retired in that grade, notify the Com-
6 mittees on Armed Services of the Senate and the
7 House of Representatives of the exercise of the ap-
8 plicable authority with respect to that officer.
9 ‘‘(7) RETIREMENT IN NEXT LOWEST GRADE
10 FOR OFFICERS NOT MEETING REQUIREMENT.—An
11 officer described in paragraph (1) whose length of
12 service in the highest grade held by the officer while
13 on active duty does not meet the period of the serv-
14 ice-in-grade requirement applicable to the officer
15 under this subsection shall, subject to subsection (c),
16 be retired in the next lower grade in which the offi-
17 cer served on active duty satisfactorily, as deter-
18 mined by the Secretary of the military department
19 concerned or the Secretary of Defense, as applicable.
20 ‘‘(c) OFFICERS IN O–9 AND O–10 GRADES.—
21 ‘‘(1) IN GENERAL.—An officer of the Army,
22 Navy, Air Force, Marine Corps, or Space Force who
23 is serving or has served in a position of importance
24 and responsibility designated by the President to
25 carry the grade of lieutenant general or general in
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243
1 the Army, Air Force, or Marine Corps, vice admiral
2 or admiral in the Navy, or an equivalent grade in
3 the Space Force under section 601 of this title may
4 be retired in such grade under subsection (a) only
5 after the Secretary of Defense certifies in writing to
6 the President and the Committees on Armed Serv-
7 ices of the Senate and the House of Representatives
8 that the officer served on active duty satisfactorily
9 in such grade.
10 ‘‘(2) PROHIBITION ON DELEGATION.—The au-
11 thority of the Secretary of Defense to make a certifi-
12 cation with respect to an officer under paragraph (1)
13 may not be delegated.
14 ‘‘(3) REQUIREMENTS IN CONNECTION WITH
15 CERTIFICATION.—A certification with respect to an
16 officer under paragraph (1) shall—
17 ‘‘(A) be submitted by the Secretary of De-
18 fense such that it is received by the President
19 and the Committees on Armed Services of the
20 Senate and the House of Representatives not
21 later than 60 days prior to the date on which
22 the officer will be retired in the grade con-
23 cerned;
24 ‘‘(B) include an up-to-date copy of the
25 military biography of the officer; and
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1 ‘‘(C) include the statement of the Sec-
2 retary as to whether or not potentially adverse,
3 adverse, or reportable information regarding the
4 officer was considered by the Secretary in mak-
5 ing the certification.
6 ‘‘(4) CONSTRUCTION WITH OTHER NOTICE.—In
7 the case of an officer under paragraph (1) to whom
8 a reduction in the service-in-grade requirement
9 under subsection (b)(1) or waiver under subsection
10 (b)(3) applies, the requirement for notification under
11 subsection (b)(6) is satisfied if the notification is in-
12 cluded in the certification submitted by the Sec-
13 retary of Defense under paragraph (1).
14 ‘‘(d) CONDITIONAL RETIREMENT GRADE AND RE-
15 TIREMENT FOR OFFICERS PENDING INVESTIGATION OR
16 ADVERSE ACTION.—
17 ‘‘(1) IN GENERAL.—When an officer serving in
18 a grade at or below the grade of major general in
19 the Army, Air Force, or Marine Corps, rear admiral
20 in the Navy, or an equivalent grade in the Space
21 Force is under investigation for alleged misconduct
22 or pending the disposition of an adverse personnel
23 action at the time of retirement, the Secretary of the
24 military department concerned may—
† S 4049 ES
245
1 ‘‘(A) conditionally determine the highest
2 permanent grade of satisfactory service on ac-
3 tive duty of the officer pending completion of
4 the investigation or resolution of the personnel
5 action, as applicable; and
6 ‘‘(B) retire the officer in that conditional
7 grade, subject to subsection (e).
8 ‘‘(2) OFFICERS IN O–9 AND O–10 GRADES.—
9 When an officer described by subsection (c)(1) is
10 under investigation for alleged misconduct or pend-
11 ing the disposition of an adverse personnel action at
12 the time of retirement, the Secretary of Defense
13 may—
14 ‘‘(A) conditionally determine the highest
15 permanent grade of satisfactory service on ac-
16 tive duty of the officer, pending completion of
17 the investigation or personnel action, as appli-
18 cable; and
19 ‘‘(B) retire the officer in that conditional
20 grade, subject to subsection (e).
21 ‘‘(3) REDUCTION OR WAIVER OF SERVICE-IN-
22 GRADE REQUIREMENT PROHIBITED FOR GENERAL,
23 FLAG, AND EQUIVALENT OFFICER GRADES.—In con-
24 ditionally determining the retirement grade of an of-
25 ficer under paragraph (1)(A) or (2)(A) of this sub-
† S 4049 ES
246
1 section to be a grade above the grade of colonel in
2 the Army, Air Force, or Marine Corps, captain in
3 the Navy, or the equivalent grade in the Space
4 Force, the service-in-grade requirement in subsection
5 (b)(1) may not be reduced pursuant to subsection
6 (b)(1) or waived pursuant to subsection (b)(3).
7 ‘‘(4) PROHIBITION ON DELEGATION.—The au-
8 thority of the Secretary of a military department
9 under paragraph (1) may not be delegated. The au-
10 thority of the Secretary of Defense under paragraph
11 (2) may not be delegated.
12 ‘‘(e) FINAL RETIREMENT GRADE FOLLOWING RESO-
13 LUTION OF PENDING INVESTIGATION OR ADVERSE AC-
14 TION.—
15 ‘‘(1) NO CHANGE FROM CONDITIONAL RETIRE-
16 MENT GRADE.—If the resolution of an investigation
17 or personnel action with respect to an officer who
18 has been retired in a conditional retirement grade
19 pursuant to subsection (d) results in a determination
20 that the conditional retirement grade in which the
21 officer was retired will not be changed, the condi-
22 tional retirement grade of the officer shall, subject
23 to paragraph (3), be the final retired grade of the
24 officer.
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247
1 ‘‘(2) CHANGE FROM CONDITIONAL RETIREMENT
2 GRADE.—If the resolution of an investigation or per-
3 sonnel action with respect to an officer who has been
4 retired in a conditional retirement grade pursuant to
5 subsection (d) results in a determination that the
6 conditional retirement grade in which the officer was
7 retired should be changed, the changed retirement
8 grade shall be the final retired grade of the officer
9 under this section, except that if the final retirement
10 grade provided for an officer pursuant to this para-
11 graph is the grade of lieutenant general or general
12 in the Army, Air Force, or Marine Corps, vice admi-
13 ral or admiral in the Navy, or an equivalent grade
14 in the Space Force, the requirements in subsection
15 (c) shall apply in connection with the retirement of
16 the officer in such final retirement grade.
17 ‘‘(3) RECALCULATION OF RETIRED PAY.—
18 ‘‘(A) IN GENERAL.—If the final retired
19 grade of an officer is as a result of a change
20 under paragraph (2), the retired pay of the offi-
21 cer under chapter 71 of this title shall be recal-
22 culated accordingly, with any modification of
23 the retired pay of the officer to go into effect
24 as of the date of the retirement of the officer.
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1 ‘‘(B) PAYMENT OF HIGHER AMOUNT FOR
2 PERIOD OF CONDITIONAL RETIREMENT
3 GRADE.—If the recalculation of the retired pay
4 of an officer results in an increase in retired
5 pay, the officer shall be paid the amount by
6 which such increased retired pay exceeded the
7 amount of retired pay paid the officer for re-
8 tirement in the officer’s conditional grade dur-
9 ing the period beginning on the date of the re-
10 tirement of the officer in such conditional grade
11 and ending on the effective date of the change
12 of the officer’s retired grade. For an officer
13 whose retired grade is determined pursuant to
14 subsection (c), the effective date of the change
15 of the officer’s retired grade for purposes of
16 this subparagraph shall be the date that is 60
17 days after the date on which the Secretary of
18 Defense submits to the Committees on Armed
19 Services of the Senate and the House of Rep-
20 resentatives the certification required by sub-
21 section (c) in connection with the retired grade
22 of the officer.
23 ‘‘(C) RECOUPMENT OF OVERAGE DURING
24 PERIOD OF CONDITIONAL RETIREMENT
25 GRADE.—If the recalculation of the retired pay
† S 4049 ES
249
1 of an officer results in a decrease in retired
2 pay, there shall be recouped from the officer the
3 amount by which the amount of retired pay
4 paid the officer for retirement in the officer’s
5 conditional grade exceeded such decreased re-
6 tired pay during the period beginning on the
7 date of the retirement of the officer in such
8 conditional grade and ending on the effective
9 date of the change of the officer’s retired grade.
10 ‘‘(f) FINALITY OF RETIRED GRADE DETERMINA-
11 TIONS.—
12 ‘‘(1) IN GENERAL.—Except for a conditional
13 determination authorized by subsection (d), a deter-
14 mination of the retired grade of an officer pursuant
15 to this section is administratively final on the day
16 the officer is retired, and may not be reopened, ex-
17 cept as provided in paragraph (2).
18 ‘‘(2) REOPENING.—A final determination of the
19 retired grade of an officer may be reopened as fol-
20 lows:
21 ‘‘(A) If the retirement or retired grade of
22 the officer was procured by fraud.
23 ‘‘(B) If substantial evidence comes to light
24 after the retirement that could have led to de-
25 termination of a different retired grade under
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250
1 this section if known by competent authority at
2 the time of retirement.
3 ‘‘(C) If a mistake of law or calculation was
4 made in the determination of the retired grade.
5 ‘‘(D) If the applicable Secretary deter-
6 mines, pursuant to regulations prescribed by
7 the Secretary of Defense, that good cause exists
8 to reopen the determination of retired grade.
9 ‘‘(3) APPLICABLE SECRETARY.—For purposes
10 of this subsection, the applicable Secretary for pur-
11 poses of a determination or action specified in this
12 subsection is—
13 ‘‘(A) the Secretary of the military depart-
14 ment concerned, in the case of an officer retired
15 in a grade at or below the grade of major gen-
16 eral in the Army, Air Force, or Marine Corps,
17 rear admiral in the Navy, or the equivalent
18 grade in the Space Force; or
19 ‘‘(B) the Secretary of Defense, in the case
20 of an officer retired in a grade of lieutenant
21 general or general in the Army, Air Force, or
22 Marine Corps, vice admiral or admiral in the
23 Navy, or an equivalent grade in the Space
24 Force.
† S 4049 ES
251
1 ‘‘(4) NOTICE AND LIMITATION.—If a final de-
2 termination of the retired grade of an officer is re-
3 opened in accordance with paragraph (2), the appli-
4 cable Secretary—
5 ‘‘(A) shall notify the officer of the reopen-
6 ing; and
7 ‘‘(B) may not make an adverse determina-
8 tion on the retired grade of the officer until the
9 officer has had a reasonable opportunity to re-
10 spond regarding the basis for the reopening of
11 the officer’s retired grade.
12 ‘‘(5) ADDITIONAL NOTICE ON REOPENING FOR
13 OFFICERS RETIRED IN O–9 AND O–10 GRADES.—If
14 the determination of the retired grade of an officer
15 whose retired grade was provided for pursuant to
16 subsection (c) is reopened, the Secretary of Defense
17 shall also notify the President and the Committees
18 on Armed Services of the Senate and the House of
19 Representatives.
20 ‘‘(6) MANNER OF MAKING OF CHANGE.—If the
21 retired grade of an officer is proposed to be changed
22 through the reopening of the final determination of
23 an officer’s retired grade under this subsection, the
24 change in grade shall be made—
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252
1 ‘‘(A) in the case of an officer whose retired
2 grade is to be changed to a grade at or below
3 the grade of major general in the Army, Air
4 Force or Marine Corps, rear admiral in the
5 Navy, or the equivalent grade in the Space
6 Force, in accordance with subsections (a) and
7 (b)—
8 ‘‘(i) by the Secretary of Defense (who
9 may delegate such authority only as au-
10 thorized by clause (ii)); or
11 ‘‘(ii) if authorized by the Secretary of
12 Defense, by the Secretary of the military
13 department concerned (who may not fur-
14 ther delegate such authority);
15 ‘‘(B) in the case of an officer whose retired
16 grade is to be changed to the grade of lieuten-
17 ant general or general in the Army, Air Force,
18 or Marine Corps, vice admiral or admiral in the
19 Navy, or an equivalent grade in the Space
20 Force, by the President, by and with the advice
21 and consent of the Senate.
22 ‘‘(7) RECALCULATION OF RETIRED PAY.—If the
23 final retired grade of an officer is changed through
24 the reopening of the officer’s retired grade under
25 this subsection, the retired pay of the officer under
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253
1 chapter 71 of this title shall be recalculated. Any
2 modification of the retired pay of the officer as a re-
3 sult of the change shall go into effect on the effec-
4 tive date of the change of the officer’s retired grade,
5 and the officer shall not be entitled or subject to any
6 changed amount of retired pay for any period before
7 such effective date. An officer whose retired grade is
8 changed as provided in paragraph (6)(B) shall not
9 be entitled or subject to a change in retired pay for
10 any period before the date on which the Senate pro-
11 vides advice and consent for the retirement of the of-
12 ficer in such grade.
13 ‘‘(g) HIGHEST PERMANENT GRADE DEFINED.—In
14 this section, the term ‘highest permanent grade’ means a
15 grade at or below the grade of major general in the Army,
16 Air Force, or Marine Corps, rear admiral in the Navy,
17 or an equivalent grade in the Space Force.
18 ‘‘§ 1370a. Officers entitled to retired pay for non-reg-
19 ular service
20 ‘‘(a) RETIREMENT IN HIGHEST GRADE HELD SATIS-
21 FACTORILY.—Unless entitled to a different grade, or to
22 credit for satisfactory service in a different grade under
23 some other provision of law, a person who is entitled to
24 retired pay under chapter 1223 of this title shall, upon
25 application under section 12731 of this title, be credited
† S 4049 ES
254
1 with satisfactory service in the highest permanent grade
2 in which that person served satisfactorily at any time in
3 the armed forces, as determined by the Secretary of the
4 military department concerned in accordance with this
5 section.
6 ‘‘(b) SERVICE-IN-GRADE REQUIREMENT FOR OFFI-
7 CERS IN GRADES BELOW O–5.—In order to be credited
8 with satisfactory service in an officer grade (other than
9 a warrant officer grade) below the grade of lieutenant
10 colonel or commander (in the case of the Navy), a person
11 covered by subsection (a) must have served satisfactorily
12 in that grade (as determined by the Secretary of the mili-
13 tary department concerned) as a reserve commissioned of-
14 ficer in an active status, or in a retired status on active
15 duty, for not less than six months.
16 ‘‘(c) SERVICE-IN-GRADE REQUIREMENT FOR OF -
17 FICES IN GRADES ABOVE O–4.—
18 ‘‘(1) IN GENERAL.—In order to be credited with
19 satisfactory service in an officer grade above major
20 or lieutenant commander (in the case of the Navy),
21 a person covered by subsection (a) must have served
22 satisfactorily in that grade (as determined by the
23 Secretary of the military department concerned) as
24 a reserve commissioned officer in an active status, or
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255
1 in a retired status on active duty, for not less than
2 three years.
3 ‘‘(2) SATISFACTION OF REQUIREMENT BY CER-
4 TAIN OFFICERS NOT COMPLETING THREE YEARS.—
5 A person covered by paragraph (1) who has com-
6 pleted at least six months of satisfactory service in
7 grade may be credited with satisfactory service in
8 the grade in which serving at the time of transfer
9 or discharge, notwithstanding failure of the person
10 to complete three years of service in that grade, if
11 the person is transferred from an active status or
12 discharged as a reserve commissioned officer—
13 ‘‘(A) solely due to the requirements of a
14 nondiscretionary provision of law requiring that
15 transfer or discharge due to the person’s age or
16 years of service; or
17 ‘‘(B) because the person no longer meets
18 the qualifications for membership in the Ready
19 Reserve solely because of a physical disability,
20 as determined, at a minimum, by a medical
21 evaluation board and at the time of such trans-
22 fer or discharge the person (pursuant to section
23 12731b of this title or otherwise) meets the
24 service requirements established by section
25 12731(a) of this title for eligibility for retired
† S 4049 ES
256
1 pay under chapter 1223 of this title, unless the
2 disability is described in section 12731b of this
3 title.
4 ‘‘(3) REDUCTION IN SERVICE-IN-GRADE RE-
5 QUIREMENTS.—
6 ‘‘(A) OFFICERS IN GRADES BELOW GEN-
7 ERAL AND FLAG OFFICER GRADES.—In the case
8 of a person to be retired in a grade below briga-
9 dier general or rear admiral (lower half) in the
10 Navy, the Secretary of Defense may authorize
11 the Secretary of a military department to re-
12 duce, subject to subparagraph (B), the three-
13 year period of service-in-grade required by para-
14 graph (1) to a period not less than two years.
15 The authority of the Secretary of a military de-
16 partment under this subparagraph may not be
17 delegated.
18 ‘‘(B) LIMITATION.—The number of reserve
19 commissioned officers of an armed force in the
20 same grade for whom a reduction is made
21 under subparagraph (A) during any fiscal year
22 in the period of service-in-grade otherwise re-
23 quired by paragraph (1) may not exceed the
24 number equal to 2 percent of the strength au-
25 thorized for that fiscal year for reserve commis-
† S 4049 ES
257
1 sioned officers of that armed force in an active
2 status in that grade.
3 ‘‘(C) OFFICERS IN GENERAL AND FLAG
4 OFFICERS GRADES.—The Secretary of Defense
5 may reduce the three-year period of service-in-
6 grade required by paragraph (1) to a period not
7 less than two years for any person, including a
8 person who, upon transfer to the Retired Re-
9 serve or discharge, is to be credited with satis-
10 factory service in a general or flag officer grade
11 under that paragraph. The authority of the
12 Secretary of Defense under this subparagraph
13 may not be delegated.
14 ‘‘(D) NOTICE TO CONGRESS ON REDUC-
15 TION IN SERVICE-IN-GRADE REQUIREMENTS
16 FOR GENERAL AND FLAG OFFICER GRADES.—
17 In the case of a person to be credited under
18 this section with satisfactory service in a grade
19 that is a general or flag officer grade who is eli-
20 gible to be credited with such service in that
21 grade only by reason of an exercise of authority
22 in subparagraph (C) to reduce the three-year
23 service-in-grade requirement otherwise applica-
24 ble under paragraph (1), the Secretary of De-
25 fense shall, not later than 60 days prior to the
† S 4049 ES
258
1 date on which the person will be credited with
2 such satisfactory service in that grade, notify
3 the Committees on Armed Services of the Sen-
4 ate and the House of Representatives of the ex-
5 ercise of authority in subparagraph (C) with re-
6 spect to that person.
7 ‘‘(4) OFFICERS SERVING IN GRADES ABOVE O–
8 6 INVOLUNTARILY TRANSFERRED FROM ACTIVE STA-
9 TUS.—A person covered by paragraph (1) who has
10 completed at least six months of satisfactory service
11 in a grade above colonel or (in the case of the Navy)
12 captain and, while serving in an active status in
13 such grade, is involuntarily transferred (other than
14 for cause) from active status may be credited with
15 satisfactory service in the grade in which serving at
16 the time of such transfer, notwithstanding failure of
17 the person to complete three years of service in that
18 grade.
19 ‘‘(5) ADJUTANTS AND ASSISTANT ADJUTANTS
20 GENERAL.—If a person covered by paragraph (1)
21 has completed at least six months of satisfactory
22 service in grade, the person was serving in that
23 grade while serving in a position of adjutant general
24 required under section 314 of title 32 or while serv-
25 ing in a position of assistant adjutant general subor-
† S 4049 ES
259
1 dinate to such a position of adjutant general, and
2 the person has failed to complete three years of serv-
3 ice in that grade solely because the person’s appoint-
4 ment to such position has been terminated or va-
5 cated as described in section 324(b) of such title, the
6 person may be credited with satisfactory service in
7 that grade, notwithstanding the failure of the person
8 to complete three years of service in that grade.
9 ‘‘(6) OFFICERS RECOMMENDED FOR PRO-
10 MOTION SERVING IN CERTAIN GRADE BEFORE PRO-
11 MOTION.—To the extent authorized by the Secretary
12 of the military department concerned, a person who,
13 after having been recommended for promotion in a
14 report of a promotion board but before being pro-
15 moted to the recommended grade, served in a posi-
16 tion for which that grade is the minimum authorized
17 grade may be credited for purposes of paragraph (1)
18 as having served in that grade for the period for
19 which the person served in that position while in the
20 next lower grade. The period credited may not in-
21 clude any period before the date on which the Senate
22 provides advice and consent for the appointment of
23 that person in the recommended grade.
24 ‘‘(7) OFFICERS QUALIFIED FOR FEDERAL REC-
25 OGNITION SERVING IN CERTAIN GRADE BEFORE AP-
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260
1 POINTMENT.—To the extent authorized by the Sec-
2 retary of the military department concerned, a per-
3 son who, after having been found qualified for Fed-
4 eral recognition in a higher grade by a board under
5 section 307 of title 32, serves in a position for which
6 that grade is the minimum authorized grade and is
7 appointed as a reserve officer in that grade may be
8 credited for the purposes of paragraph (1) as having
9 served in that grade. The period of the service for
10 which credit is afforded under the preceding sen-
11 tence may be only the period for which the person
12 served in the position after the Senate provides ad-
13 vice and consent for the appointment.
14 ‘‘(8) RETIREMENT IN NEXT LOWEST GRADE
15 FOR OFFICERS NOT MEETING SERVICE-IN-GRADE RE-
16 QUIREMENTS.—A person whose length of service in
17 the highest grade held does not meet the service-in-
18 grade requirements specified in this subsection shall
19 be credited with satisfactory service in the next
20 lower grade in which that person served satisfac-
21 torily (as determined by the Secretary of the mili-
22 tary department concerned) for not less than six
23 months.
24 ‘‘(d) OFFICERS IN O–9 AND O–10 GRADES.—
† S 4049 ES
261
1 ‘‘(1) IN GENERAL.—A person covered by this
2 section in the Army, Navy, Air Force, or Marine
3 Corps who is serving or has served in a position of
4 importance and responsibility designated by the
5 President to carry the grade of lieutenant general or
6 general in the Army, Air Force, or Marine Corps, or
7 vice admiral or admiral in the Navy under section
8 601 of this title may be retired in such grade under
9 subsection (a) only after the Secretary of Defense
10 certifies in writing to the President and the Commit-
11 tees on Armed Services of the Senate and the House
12 of Representatives that the officer served satisfac-
13 torily in such grade.
14 ‘‘(2) PROHIBITION ON DELEGATION.—The au-
15 thority of the Secretary of Defense to make a certifi-
16 cation with respect to an officer under paragraph (1)
17 may not be delegated.
18 ‘‘(3) REQUIREMENTS IN CONNECTION WITH
19 CERTIFICATION.—A certification with respect to an
20 officer under paragraph (1) shall—
21 ‘‘(A) be submitted by the Secretary of De-
22 fense such that it is received by the President
23 and the Committees on Armed Services of the
24 Senate and the House of Representatives not
25 later than 60 days prior to the date on which
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262
1 the officer will be retired in the grade con-
2 cerned;
3 ‘‘(B) include an up-to-date copy of the
4 military biography of the officer; and
5 ‘‘(C) include the statement of the Sec-
6 retary as to whether or not potentially adverse,
7 adverse, or reportable information regarding the
8 officer was considered by the Secretary in mak-
9 ing the certification.
10 ‘‘(4) CONSTRUCTION WITH OTHER NOTICE.—In
11 the case of an officer under paragraph (1) who is el-
12 igible to be credited with service in a grade only by
13 reason of the exercise of the authority in subsection
14 (c)(3)(C) to reduce the three-year service-in-grade
15 requirement under subsection (c)(1), the require-
16 ment for notification under subsection (c)(3)(D) is
17 satisfied if the notification is included in the certifi-
18 cation submitted by the Secretary of Defense under
19 paragraph (1).
20 ‘‘(e) CONDITIONAL RETIREMENT GRADE AND RE-
21 TIREMENT FOR OFFICERS UNDER INVESTIGATION FOR
22 MISCONDUCT OR PENDING ADVERSE PERSONNEL AC-
23 TION.—The retirement grade, and retirement, of a person
24 covered by this section who is under investigation for al-
25 leged misconduct or pending the disposition of an adverse
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263
1 personnel action at the time of retirement is as provided
2 for by section 1370(d) of this title. In the application of
3 such section 1370(d) for purposes of this subsection, any
4 reference ‘active duty’ shall be deemed not to apply, and
5 any reference to a provision of section 1370 of this title
6 shall be deemed to be a reference to the analogous provi-
7 sion of this section.
8 ‘‘(f) FINAL RETIREMENT GRADE FOLLOWING RESO-
9 LUTION OF PENDING INVESTIGATION OR ADVERSE AC-
10 TION.—The final retirement grade under this section of
11 a person described in subsection (e) following resolution
12 of the investigation or personnel action concerned is the
13 final retirement grade provided for by section 1370(e) of
14 this title. In the application of such section 1370(e) for
15 purposes of this subsection, any reference to a provision
16 of section 1370 of this title shall be deemed to be a ref-
17 erence to the analogous provision of this section. In the
18 application of paragraph (3) of such section 1370e(e) for
19 purposes of this subsection, the reference to ‘chapter 71’
20 of this title shall be deemed to be a reference to ‘chapter
21 1223 of this title’.
22 ‘‘(g) FINALITY OF RETIRED GRADE DETERMINA-
23 TIONS.—
24 ‘‘(1) IN GENERAL.—Except for a conditional
25 determination authorized by subsection (e), a deter-
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264
1 mination of the retired grade of a person pursuant
2 to this section is administratively final on the day
3 the person is retired, and may not be reopened.
4 ‘‘(2) REOPENING.—A determination of the re-
5 tired grade of a person may be reopened in accord-
6 ance with applicable provisions of section 1370(f) of
7 this title. In the application of such section 1370(f)
8 for purposes of this subsection, any reference to a
9 provision of section 1370 of this title shall be
10 deemed to be a reference to the analogous provision
11 of this section. In the application of paragraph (7)
12 of such section 1370(f) for purposes of this para-
13 graph, the reference to ‘chapter 71 of this title’ shall
14 be deemed to be a reference to ‘chapter 1223 of this
15 title’.
16 ‘‘(h) HIGHEST PERMANENT GRADE DEFINED.—In
17 this section, the term ‘highest permanent grade’ means a
18 grade at or below the grade of major general in the Army,
19 Air Force, or Marine Corps or rear admiral in the Navy.’’.
20 (2) CLERICAL AMENDMENT.—The table of sec-
21 tions at the beginning of chapter 69 of title 10,
22 United States Code, is amended by striking the item
23 relating to section 1370 and inserting the following
24 new items:
‘‘1370. Regular commissioned officers.
‘‘1370a. Officers entitled to retired pay for non-regular service.’’.
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1 (b) CONFORMING AND TECHNICAL AMENDMENTS TO
2 RETIRED GRADE RULES FOR THE ARMED FORCES.—
3 (1) RETIRED PAY.—Title 10, United States
4 Code, is amended as follows:
5 (A) In section 1406(b)(2), by striking
6 ‘‘section 1370(d)’’ and inserting ‘‘section
7 1370a’’.
8 (B) In section 1407(f)(2)(B), by striking
9 ‘‘by reason of denial of a determination or cer-
10 tification under section 1370’’ and inserting
11 ‘‘pursuant to section 1370 or 1370a’’.
12 (2) ARMY.—Section 7341 of such title is
13 amended—
14 (A) by striking subsection (a) and insert-
15 ing the following new subsection (a):
16 ‘‘(a)(1) The retired grade of a regular commissioned
17 officer of the Army who retires other than for physical
18 disability is determined under section 1370 of this title.
19 ‘‘(2) The retired grade of a reserve commissioned of-
20 ficer of the Army who retires other than for physical dis-
21 ability is determined under section 1370a of this title.’’;
22 and
23 (B) in subsection (b)—
24 (i) by striking ‘‘he’’ and inserting ‘‘the
25 member’’; and
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1 (ii) by striking ‘‘his’’ and inserting
2 ‘‘the member’s’’.
3 (3) NAVY AND MARINE CORPS.—Such title is
4 further amended as follows:
5 (A) In section 8262(a), by striking ‘‘sec-
6 tions 689 and 1370’’ and inserting ‘‘section
7 689, and section 1370 or 1370a (as applica-
8 ble),’’.
9 (B) In section 8323(c), by striking ‘‘sec-
10 tion 1370 of this title’’ and inserting ‘‘section
11 1370 or 1370a of this title, as applicable’’.
12 (4) AIR FORCE AND SPACE FORCE.—Section
13 9341 of such title is amended—
14 (A) by striking subsection (a) and insert-
15 ing the following new subsection (a):
16 ‘‘(a)(1) The retired grade of a regular commissioned
17 officer of the Air Force or the Space Force who retires
18 other than for physical disability is determined under sec-
19 tion 1370 of this title.
20 ‘‘(2) The retired grade of a reserve commissioned of-
21 ficer of the Air Force or the Space Force who retires other
22 than for physical disability is determined under section
23 1370a of this title.’’; and
24 (B) in subsection (b)—
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1 (i) by inserting ‘‘or a Regular or Re-
2 serve of the Space Force’’ after ‘‘Air
3 Force’’;
4 (ii) by striking ‘‘he’’ and inserting
5 ‘‘the member’’; and
6 (iii) by striking ‘‘his’’ and inserting
7 ‘‘the member’s’’.
8 (5) RESERVE OFFICERS.—Section 12771 of
9 such title is amended—
10 (A) in subsection (a), by striking ‘‘section
11 1370(d)’’ and inserting ‘‘section 1370a of this
12 title’’; and
13 (B) in subsection (b)(1), by striking ‘‘sec-
14 tion 1370(d)’’ and inserting ‘‘section 1370a’’.
15 (c) OTHER REFERENCES.—In the determination of
16 the retired grade of a commissioned officer of the Armed
17 Forces entitled to retired pay under chapter 1223 of title
18 10, United States Code, who retires after the date of the
19 enactment of this Act, any reference in a provision of law
20 or regulation to section 1370 of title 10, United States
21 Code, in such determination with respect to such officer
22 shall be deemed to be a reference to section 1370a of title
23 10, United States Code (as amended by subsection (a)).
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1 SEC. 508. REPEAL OF AUTHORITY FOR ORIGINAL APPOINT-
2 MENT OF REGULAR NAVY OFFICERS DES-
3 IGNATED FOR ENGINEERING DUTY, AERO-
4 NAUTICAL ENGINEERING DUTY, AND SPE-
5 CIAL DUTY.
6 (a) REPEAL.—Section 8137 of title 10, United States
7 Code, is repealed.
8 (b) CLERICAL AMENDMENT.—The table of sections
9 at the beginning of chapter 815 of such title is amended
10 by striking the item relating to section 8137.
11 Subtitle B—Reserve Component
12 Management
13 SEC. 511. EXCLUSION OF CERTAIN RESERVE GENERAL AND
14 FLAG OFFICERS ON ACTIVE DUTY FROM LIM-
15 ITATIONS ON AUTHORIZED STRENGTHS.
16 (a) DUTY FOR CERTAIN RESERVE OFFICERS UNDER
17 JOINT DUTY LIMITED EXCLUSION.—Subsection (b) of
18 section 526a of title 10, United States Code, is amended
19 by adding at the end the following new paragraph:
20 ‘‘(3) DUTY FOR CERTAIN RESERVE OFFI-
21 CERS.—Of the officers designated pursuant to para-
22 graph (1), the Chairman of the Joint Chiefs of Staff
23 may designate up to 15 general and flag officer posi-
24 tions in the unified and specified combatant com-
25 mands, and up to three general and flag officer posi-
26 tions on the Joint Staff, as positions to be held only
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1 by reserve officers who are in a general or flag offi-
2 cer grade below lieutenant general or vice admiral.
3 Each position so designated shall be considered to be
4 a joint duty assignment position for purposes of
5 chapter 38 of this title.’’.
6 (b) RESERVE OFFICERS ON ACTIVE DUTY FOR
7 TRAINING OR FOR LESS THAN 180 DAYS.—Such section
8 is further amended—
9 (1) by redesignating subsections (c) through (h)
10 as subsections (d) through (i), respectively; and
11 (2) by inserting after subsection (b) the fol-
12 lowing new subsection:
13 ‘‘(c) RESERVE OFFICERS ON ACTIVE DUTY FOR
14 TRAINING OR FOR LESS THAN 180 DAYS.—The limita-
15 tions of this section do not apply to a reserve general or
16 flag officer who—
17 ‘‘(1) is on active duty for training; or
18 ‘‘(2) is on active duty under a call or order
19 specifying a period of less than 180 days.’’.
20 Subtitle C—General Service
21 Authorities
22 SEC. 516. INCREASED ACCESS TO POTENTIAL RECRUITS.
23 (a) SECONDARY SCHOOLS.—Section 503(c)(1) of title
24 10, United States Code, is amended—
25 (1) in subparagraph (A)—
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1 (A) in clause (i), by striking ‘‘and’’ at the
2 end;
3 (B) in clause (ii), by striking ‘‘and tele-
4 phone listings,’’ and all that follows through the
5 period at the end and inserting ‘‘electronic mail
6 addresses, home telephone numbers, and mobile
7 telephone numbers, notwithstanding subsection
8 (a)(5)(B) or (b) of section 444 of the General
9 Education Provisions Act (20 U.S.C. 1232g);
10 and’’; and
11 (C) by adding at the end the following new
12 clause:
13 ‘‘(iii) shall provide information requested pursu-
14 ant to clause (ii) within a reasonable period of time,
15 but in no event later than 60 days after the date of
16 the request.’’; and
17 (2) in subparagraph (B), by striking ‘‘and tele-
18 phone listing’’ and inserting ‘‘electronic mail ad-
19 dress, home telephone number, or mobile telephone
20 number’’.
21 (b) INSTITUTIONS OF HIGHER EDUCATION.—Section
22 983(b) of such title is amended—
23 (1) in paragraph (1), by striking ‘‘or’’ at the
24 end;
25 (2) in paragraph (2)—
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1 (A) in subparagraph (A), by striking ‘‘and
2 telephone listings’’ and inserting ‘‘electronic
3 mail addresses, home telephone numbers, and
4 mobile telephone numbers, which information
5 shall be made available not later than 60 days
6 after the start of classes for the current semes-
7 ter or not later than 60 days after the date of
8 a request, whichever is later’’; and
9 (B) in subparagraph (B), by striking the
10 period at the end and inserting ‘‘; or’’; and
11 (3) by adding at the end the following new
12 paragraph:
13 ‘‘(3) access by military recruiters for purposes
14 of military recruiting to lists of students (who are 17
15 years of age or older) not returning to the institu-
16 tion after having been enrolled during the previous
17 semester, together with student recruiting informa-
18 tion and the reason why the student did not return,
19 if collected by the institution.’’.
20 SEC. 517. TEMPORARY AUTHORITY TO ORDER RETIRED
21 MEMBERS TO ACTIVE DUTY IN HIGH-DE-
22 MAND, LOW-DENSITY ASSIGNMENTS DURING
23 WAR OR NATIONAL EMERGENCY.
24 Section 688a of title 10, United States Code, is
25 amended—
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1 (1) by redesignating subsection (g) as sub-
2 section (h); and
3 (2) by inserting after subsection (f) the fol-
4 lowing new subsection (g):
5 ‘‘(g) EXCEPTIONS DURING PERIODS OF WAR OR NA-
6 TIONAL EMERGENCY.—The limitations in subsections (c)
7 and (f) shall not apply during a time of war or of national
8 emergency declared by Congress or the President.’’.
9 SEC. 518. CERTIFICATE OF RELEASE OR DISCHARGE FROM
10 ACTIVE DUTY (DD FORM 214) MATTERS.
11 (a) REDESIGNATION AS CERTIFICATE OF MILITARY
12 SERVICE.—
13 (1) IN GENERAL.—Department of Defense
14 Form DD 214, the Certificate of Release or Dis-
15 charge from Active Duty, is hereby redesignated as
16 the Certificate of Military Service.
17 (2) CONFORMING AMENDMENT.—Section
18 1168(a) of title 10, United States Code, is amended
19 by striking ‘‘discharge certificate or certificate of re-
20 lease from active duty, respectively,’’ and inserting
21 ‘‘Certificate of Military Serve’’.
22 (3) REFERENCES.—Any reference in a law, reg-
23 ulation, document, paper, or other record of the
24 United States to Department of Defense Form DD
25 214, the Certificate of Release or Discharge from
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1 Active Duty, shall be deemed to be a reference to
2 the Certificate of Military Service.
3 (4) TECHNICAL AMENDMENTS.—Such section
4 1168(a) is further amended—
5 (A) by striking ‘‘until his’’ and inserting
6 ‘‘until the member’s’’;
7 (B) by striking ‘‘his final pay’’ and insert-
8 ing ‘‘the member’s final pay’’; and
9 (C) by striking ‘‘him or his next of kin’’
10 and inserting ‘‘the member or the member’s
11 next of kin’’.
12 (5) EFFECTIVE DATES.—
13 (A) IN GENERAL.—Except as provided in
14 subparagraph (B), this subsection and the
15 amendments made by this subsection shall take
16 effect on the date provided for in subsection (d)
17 of section 569 of the National Defense Author-
18 ization Act for Fiscal Year 2020 (Public Law
19 116–92), as redesignated by subsection
20 (b)(1)(B) of this section.
21 (B) TECHNICAL AMENDMENTS.—The
22 amendments made by paragraph (4) of this
23 subsection shall take effect on the date of the
24 enactment of this Act.
25 (b) ADDITIONAL REQUIREMENTS.—
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1 (1) IN GENERAL.—Section 569 of the National
2 Defense Authorization Act for Fiscal Year 2020 is
3 amended—
4 (A) in subsection (a)—
5 (i) by redesignating paragraphs (1)
6 and (2) as paragraphs (2) and (4), respec-
7 tively;
8 (ii) by inserting before paragraph (2),
9 as redesignated by clause (i), the following
10 new paragraph (1);
11 ‘‘(1) redesignate such form as the Certificate of
12 Military Service;’’.
13 (iii) in paragraph (2), as so redesig-
14 nated, by striking ‘‘and’’ at the end; and
15 (iv) by inserting after paragraph (2),
16 as so redesignated, the following new para-
17 graph:
18 ‘‘(3) provide for a standard total force record of
19 military service for all members of the Armed
20 Forces, including member of the reserve compo-
21 nents, that summarizes the record of service for each
22 member; and’’;
23 (B) by redesignating subsections (b) and
24 (c) as subsections (d) and (e), respectively;
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1 (C) by inserting after subsection (a) the
2 following new subsections:
3 ‘‘(b) ISSUANCE TO RESERVES.—The Secretary of De-
4 fense shall provide for the issuance of the Certificate of
5 Military Service, as modified pursuant to subsection (a),
6 to members of the reserve components of the Armed
7 Forces at such times during their military service as is
8 appropriate to facilitate their access to benefits under the
9 laws administered by the Secretary of Veterans Affairs.
10 ‘‘(c) COORDINATION.—In carrying out this section,
11 the Secretary of Defense shall coordinate with the Sec-
12 retary of Veterans Affairs to ensure that the Certificate
13 of Military Service, as modified pursuant to subsection (a),
14 is recognized as the Certificate of Military Service referred
15 to in section 1168(a) of title 10, United States Code, and
16 for the purposes of establishing eligibility for applicable
17 benefits under the laws administered by the Secretary of
18 Veterans Affairs.’’; and
19 (D) in subsection (d), as redesignated by
20 subparagraph (B), by striking ‘‘a revised Cer-
21 tificate of Release or Discharge from Active
22 Duty (DD Form 214), modified’’ and inserting
23 ‘‘the Certificate of Military Service, as modi-
24 fied’’.
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1 (2) CONFORMING AMENDMENT.—The heading
2 of such section 569 is amended to read as follows:
3 ‘‘SEC. 569. CERTIFICATE OF RELEASE OR DISCHARGE FROM
4 ACTIVE DUTY (DD FORM 214) MATTERS.’’.
5 (3) REPEAL OF SUPERSEDED REQUIRE-
6 MENTS.—Section 570 of the National Defense Au-
7 thorization Act for Fiscal Year 2020 is repealed.
8 SEC. 519. EVALUATION OF BARRIERS TO MINORITY PAR-
9 TICIPATION IN CERTAIN UNITS OF THE
10 ARMED FORCES.
11 (a) FINDINGS.—Congress makes the following find-
12 ings:
13 (1) In 1999, the RAND Corporation issued a
14 report entitled ‘‘Barriers to Minority Participation in
15 Special Operations Forces’’ that was sponsored by
16 United States Special Operations Command.
17 (2) In 2018, the RAND Corporation issued a
18 report entitles ‘‘Understanding Demographic Dif-
19 ferences in Undergraduate Pilot Training Attrition’’
20 that was sponsored by the Air Force.
21 (3) No significant independent study has been
22 performed by a federally funded research and devel-
23 opment center into increasing minority participation
24 in the special operations forces since 1999.
25 (b) STUDY REQUIRED.—
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1 (1) IN GENERAL.—Not later than 30 days after
2 the date of the enactment of this Act, the Secretary
3 of Defense shall, acting through the Under Sec-
4 retary of Defense for Personnel and Readiness, seek
5 to enter into an agreement with a federally funded
6 research and development center.
7 (2) ELEMENTS.—The evaluation under para-
8 graph (1) shall include the following elements:
9 (A) A description of the racial, ethnic, and
10 gender composition of covered units.
11 (B) A comparison of the participation
12 rates of minority populations in covered units to
13 participation rates of the general population as
14 members and as officers of the Armed Forces.
15 (C) A comparison of the percentage of mi-
16 nority officers in the grade of O–7 or higher
17 who have served in each covered unit to such
18 percentage for all such officers in the Armed
19 Force of that covered unit.
20 (D) An identification of barriers to minor-
21 ity participation in the accession, assessment,
22 and training processes.
23 (E) The status and effectiveness of the re-
24 sponse to the recommendations contained in the
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1 report referred to in subsection (a)(1) and any
2 follow-up recommendations.
3 (F) Recommendations to increase the num-
4 bers of minority officers in the Armed Forces.
5 (G) Recommendations to increase minority
6 participation in covered units.
7 (H) Any other matters the Secretary deter-
8 mines appropriate.
9 (3) REPORT TO CONGRESS.—The Secretary
10 shall—
11 (A) submit to the congressional defense
12 committees a report on the results of the study
13 by not later than January 1, 2022; and
14 (B) provide interim briefings to such com-
15 mittees upon request.
16 (c) DESIGNATION.—The study conducted under sub-
17 section (b) shall be known as the ‘‘Study on Reducing Bar-
18 riers to Minority Participation in Elite Units in the Armed
19 Services’’.
20 (d) IMPLEMENTATION PLAN.—The Secretary shall
21 submit to the congressional defense committees a report
22 setting forth an implementation plan for the recommenda-
23 tions that the Secretary implements under this section, in-
24 cluding—
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1 (1) the response of the Secretary to each such
2 recommendation;
3 (2) a summary of actions the Secretary has car-
4 ried out, or intends to carry out, to implement such
5 recommendations, as appropriate; and
6 (3) a schedule, with specific milestones, for
7 completing the implementation of such recommenda-
8 tions.
9 (e) COVERED UNITS DEFINED.—In this section, the
10 term ‘‘covered units’’ means the following:
11 (1) Any forces designated by the Secretary as
12 special operations forces.
13 (2) Air Force Combat Control Teams.
14 (3) Air Force Pararescue.
15 (4) Marine Corps Force Reconnaissance.
16 (5) Coast Guard Deployable Operations Group.
17 (6) Pilot and navigator military occupational
18 specialties.
19 SEC. 520. REPORTS ON DIVERSITY AND INCLUSION IN THE
20 ARMED FORCES.
21 (a) REPORT ON FINDINGS OF DEFENSE BOARD ON
22 DIVERSITY AND INCLUSION IN THE MILITARY.—
23 (1) IN GENERAL.—Upon the completion by the
24 Defense Board on Diversity and Inclusion in the
25 Military of its report on actionable recommendations
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1 to increase racial diversity and ensure equal oppor-
2 tunity across all grades of the Armed Forces, the
3 Secretary of Defense shall submit to the Committee
4 on Armed Services of the Senate and the House of
5 Representatives a report on the report of the De-
6 fense Board, including the findings and rec-
7 ommendations of the Defense Board.
8 (2) ELEMENTS.—The report required by para-
9 graph (1) shall include the following:
10 (A) A comprehensive description of the
11 findings and recommendations of the Defense
12 Board in its report referred to in paragraph
13 (1).
14 (B) A comprehensive description of any ac-
15 tionable recommendations of the Defense Board
16 in its report.
17 (C) A description of the actions proposed
18 to be undertaken by the Secretary in connection
19 with such recommendations, and a timeline for
20 implementation of such actions.
21 (D) A description of the resources used by
22 the Defense Board for its report, and a descrip-
23 tion and assessment of any shortfalls in such
24 resources for purposes of the Defense Board.
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1 (b) REPORT ON DEFENSE ADVISORY COMMITTEE ON
2 DIVERSITY AND INCLUSION IN THE ARMED FORCES.—
3 (1) IN GENERAL.—At the same time the Sec-
4 retary of Defense submits the report required by
5 subsection (a), the Secretary shall also submit to the
6 Committee on Armed Services of the Senate and the
7 House of Representatives a report on the Defense
8 Advisory Committee on Diversity and Inclusion in
9 the Armed Forces.
10 (2) ELEMENTS.—The report required by para-
11 graph (1) shall include the following:
12 (A) The mission statement or purpose of
13 the Advisory Committee, and any proposed ob-
14 jectives and goals of the Advisory Committee.
15 (B) A description of current members of
16 the Advisory Committee and the criteria used
17 for selecting members.
18 (C) A description of the duties and scope
19 of activities of the Advisory Committee.
20 (D) The reporting structure of the Advi-
21 sory Committee.
22 (E) An estimate of the annual operating
23 costs and staff years of the Advisory Com-
24 mittee.
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1 (F) An estimate of the number and fre-
2 quency of meetings of the Advisory Committee.
3 (G) Any subcommittees, established or pro-
4 posed, that would support the Advisory Com-
5 mittee.
6 (H) Such recommendations for legislative
7 or administrative action as the Secretary con-
8 siders appropriate to extend the term of the Ad-
9 visory Committee beyond the proposed termi-
10 nation date of the Advisory Committee.
11 (c) REPORT ON CURRENT DIVERSITY AND INCLU-
12 SION IN THE ARMED FORCES.—
13 (1) IN GENERAL.—At the same time the Sec-
14 retary of Defense submits the reports required by
15 subsections (a) and (b), the Secretary shall also sub-
16 mit to the Committee on Armed Services of the Sen-
17 ate and the House of Representatives a report on
18 current 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
23 Force generally.
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1 (B) An identification of the current racial,
2 ethnic, and sex composition of each Armed
3 Force 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
8 such populations among the general population.
9 (D) A comparison of the participation
10 rates of minority populations in each career
11 field in each Armed Force with the percentage
12 of such populations among the general popu-
13 lation.
14 (E) A comparison among the Armed
15 Forces of the percentage of minority popu-
16 lations in each officer grade above grade O–4.
17 (F) A comparison among the Armed
18 Forces of the percentage of minority popu-
19 lations in each enlisted grade above grade E–6.
20 (G) A description and assessment of bar-
21 riers to minority participation in the Armed
22 Forces in connection with accession, assess-
23 ment, and training.
24 (d) SENSE OF SENATE ON DEFENSE ADVISORY COM-
25 MITTEE ON DIVERSITY AND INCLUSION IN THE ARMED
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1 FORCES.—It is the sense of the Senate that the Defense
2 Advisory Committee on Diversity and Inclusion in the
3 Armed Forces—
4 (1) should consist of diverse group of individ-
5 uals, including—
6 (A) a general or flag officer from each reg-
7 ular component of the Armed Forces;
8 (B) a retired general or flag officer from
9 not fewer than two of the Armed Forces;
10 (C) a regular officer of the Armed Forces
11 in a grade O–5 or lower;
12 (D) a regular enlisted member of the
13 Armed Forces in a grade E–7 or higher;
14 (E) a regular enlisted member of the
15 Armed Forces in a grade E–6 or lower;
16 (F) a member of a reserve component of
17 the Armed Forces in any grade;
18 (G) a member of the Department of De-
19 fense civilian workforce;
20 (H) an member of the academic commu-
21 nity with expertise in diversity studies; and
22 (I) an individual with appropriate expertise
23 in diversity and inclusion;
24 (2) should include individuals from a variety of
25 military career paths, including—
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1 (A) aviation;
2 (B) special operations;
3 (C) intelligence;
4 (D) cyber;
5 (E) space; and
6 (F) surface warfare;
7 (3) should have a membership such that not
8 fewer than 20 percent of members possess—
9 (A) a firm understanding of the role of
10 mentorship and best practices in finding and
11 utilizing mentors;
12 (B) experience and expertise in change of
13 culture of large organizations; or
14 (C) experience and expertise in implemen-
15 tation science; and
16 (4) should focus on objectives that address—
17 (A) barriers to promotion within the
18 Armed Forces, including development of rec-
19 ommendations on mechanisms to enhance and
20 increase racial diversity and ensure equal op-
21 portunity across all grades in the Armed
22 Forces;
23 (B) participation of minority officers and
24 senior noncommissioned officers in the Armed
25 Forces, including development of recommenda-
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1 tions on mechanisms to enhance and increase
2 such participation;
3 (C) recruitment of minority candidates for
4 innovative pre-service programs in the Junior
5 Reserve Officers’ Training Corps (JROTC),
6 Senior Reserve Officers’ Training Corps
7 (SROTC), and military service academies, in-
8 cluding programs in connection with flight in-
9 struction, special operations, and national secu-
10 rity, including development of recommendations
11 on mechanisms to enhance and increase such
12 recruitment;
13 (D) retention of minority individuals in
14 senior leadership and mentorship positions in
15 the Armed Forces, including development of
16 recommendations on mechanisms to enhance
17 and increase such retention; and
18 (E) achievement of cultural and ethnic di-
19 versity in recruitment for the Armed Forces, in-
20 cluding development of recommendations on
21 mechanisms to enhance and increase such di-
22 versity in recruitment.
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1 Subtitle D—Military Justice and
2 Related Matters
3 PART I—INVESTIGATION, PROSECUTION, AND
4 DEFENSE OF SEXUAL ASSAULT AND RE-
5 LATED 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
14 places it appears and inserting ‘‘five calendar days’’.
15 (b) EFFECTIVE DATE.—The amendments made by
16 subsection (a) shall take effect on the date of the enact-
17 ment of this Act, and shall apply to decisions on applica-
18 tions for permanent change of station or unit transfer
19 made under section 673 of title 10, United States Code,
20 on or after that date.
21 SEC. 522. DEFENSE ADVISORY COMMITTEE FOR THE PRE-
22 VENTION OF SEXUAL MISCONDUCT.
23 Section 550B of the National Defense Authorization
24 Act for Fiscal Year 2020 (Public Law 116–92) is amend-
25 ed—
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1 (1) in subsection (c)(1)(B), by inserting ‘‘, in-
2 cluding the United States Coast Guard Academy,’’
3 after ‘‘academy’’;
4 (2) by redesignating subsections (d), (e), and
5 (f) as subsections (e), (f), and (g), respectively;
6 (3) by inserting after subsection (c) the fol-
7 lowing 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 Representa-
18 tives’’ each place it appears and inserting ‘‘the Com-
19 mittees on Armed Services and Commerce, Science,
20 and Transportation of the Senate and the Commit-
21 tees on Armed Services and Transportation and In-
22 frastructure of the House of Representatives’’.
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1 SEC. 523. REPORT ON ABILITY OF SEXUAL ASSAULT RE-
2 SPONSE COORDINATORS AND SEXUAL AS-
3 SAULT PREVENTION AND RESPONSE VICTIM
4 ADVOCATES TO PERFORM DUTIES.
5 (a) SURVEY.—
6 (1) IN GENERAL.—Not later than June 30,
7 2021, the Secretary of Defense shall conduct a sur-
8 vey regarding the ability of Sexual Assault Response
9 Coordinators and Sexual Assault Prevention and Re-
10 sponse 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
14 to Sexual Assault Response Coordinators and
15 Sexual Assault Prevention and Response Victim
16 Advocates, 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
21 nature of their work;
22 (B) the ability of Sexual Assault Response
23 Coordinators and Sexual Assault Prevention
24 and Response Victim Advocates to contact and
25 access their installation commander or unit
26 commander;
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1 (C) the ability of Sexual Assault Response
2 Coordinators and Sexual Assault Prevention
3 and Response Victim Advocates to contact and
4 access the immediate commander of victims and
5 alleged offenders;
6 (D) the responsiveness and receptiveness of
7 commanders to the Sexual Assault Response
8 Coordinators;
9 (E) the support and services provided to
10 victims of sexual assault;
11 (F) the understanding of others of the
12 process and their willingness to assist;
13 (G) the adequacy of the training received
14 by Sexual Assault Response Coordinators and
15 Sexual Assault Prevention and Response Victim
16 Advocates to effectively perform their duties;
17 and
18 (H) any other factors affecting the ability
19 of Sexual Assault Response Coordinators and
20 Sexual Assault Prevention and Response Victim
21 Advocates to perform their duties.
22 (b) REPORT.—Upon completion of the survey re-
23 quired under subsection (a), the Secretary of Defense shall
24 submit to the Committees on Armed Services of the Sen-
25 ate and the House of Representatives a report on the re-
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1 sults of the survey and any actions to be taken as a result
2 of the survey.
3 SEC. 524. BRIEFING ON SPECIAL VICTIMS’ COUNSEL PRO-
4 GRAM.
5 (a) BRIEFING REQUIRED.—Not later than 180 days
6 after the date of the enactment of this Act, the Judge Ad-
7 vocates General of the Army, the Navy, the Air Force,
8 and the Coast Guard, and the Staff Judge Advocate to
9 the Commandant of the Marine Corps shall each provide
10 to the congressional defense committees a briefing on the
11 status of the Special Victims’ Counsel program of the
12 Armed Force concerned.
13 (b) ELEMENTS.—Each briefing under subsection (a)
14 shall include, with respect to the Special Victims Counsel
15 program of the Armed Force concerned, the following:
16 (1) An assessment of whether the Armed Force
17 is in compliance with the provisions of the National
18 Defense Authorization Act for Fiscal Year 2020
19 (Public Law 116–92) relating to the Special Victims
20 Counsel program and, if not, what steps have been
21 taken to achieve compliance with such provisions.
22 (2) An estimate of the average caseload of each
23 Special Victims’ Counsel.
24 (3) A description of any staffing shortfalls in
25 the Special Victims’ Counsel program or other pro-
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1 grams of the Armed Force resulting from the addi-
2 tional responsibilities required of the Special Vic-
3 tims’ Counsel program under the National Defense
4 Authorization Act for Fiscal Year 2020.
5 (4) An explanation of the ability of Special Vic-
6 tims’ Counsel to adhere to requirement that a coun-
7 sel respond to a request for services within 72 hours
8 of receiving such request.
9 (5) An assessment of the feasibility of providing
10 cross-service Special Victims’ Counsel representation
11 in instances where a Special Victims’ Counsel from
12 a different Armed Force is co-located with a victim
13 at a remote base.
14 SEC. 525. ACCOUNTABILITY OF LEADERSHIP OF THE DE-
15 PARTMENT OF DEFENSE FOR DISCHARGING
16 THE SEXUAL HARASSMENT POLICIES AND
17 PROGRAMS OF THE DEPARTMENT.
18 (a) STRATEGY ON HOLDING LEADERSHIP ACCOUNT-
19 ABLE REQUIRED.—The Secretary of Defense shall develop
20 and implement Department of Defense-wide a strategy to
21 hold individuals in positions of leadership in the Depart-
22 ment (including members of the Armed Forces and civil-
23 ians) accountable for the promotion, support, and enforce-
24 ment of the policies and programs of the Department on
25 sexual harassment.
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1 (b) OVERSIGHT FRAMEWORK.—
2 (1) IN GENERAL.—The strategy required by
3 subsection (a) shall provide for an oversight frame-
4 work for the efforts of the Department of Defense
5 to promote, support, and enforce the policies and
6 programs of the Department on sexual harassment.
7 (2) ELEMENTS.—The oversight framework re-
8 quired by paragraph (1) shall include the following:
9 (A) Long-term goals, objectives, and mile-
10 stones in connection with the policies and pro-
11 grams of the Department on sexual harass-
12 ment.
13 (B) Strategies to achieve the goals, objec-
14 tives, and milestones referred to in subpara-
15 graph (A).
16 (C) Criteria for assessing progress toward
17 the achievement of the goals, objectives, and
18 milestones referred to in subparagraph (A).
19 (D) Criteria for assessing the effectiveness
20 of the policies and programs of the Department
21 on sexual harassment.
22 (E) Mechanisms to ensure that adequate
23 resources are available to the Office to develop
24 and discharge the oversight framework.
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1 (c) REPORT.—Not later than one year after the date
2 of the enactment of this Act, the Secretary of Defense
3 shall submit to the Committees on Armed Services of the
4 Senate and the House of Representatives a report on the
5 actions taken to carry out this section, including the strat-
6 egy developed and implemented pursuant to subsection,
7 and the oversight framework developed and implemented
8 pursuant to subsection (b).
9 SEC. 526. SAFE-TO-REPORT POLICY APPLICABLE ACROSS
10 THE ARMED FORCES.
11 (a) IN GENERAL.—The Secretary of Defense shall,
12 in consultation with the Secretaries of the military depart-
13 ments, prescribe in regulations a safe-to-report policy de-
14 scribed in subsection (b) that applies with respect to all
15 members of the Armed Forces (including members of the
16 reserve components of the Armed Forces) and cadets and
17 midshipmen at the military service academies.
18 (b) SAFE-TO-REPORT POLICY.—The safe-to-report
19 policy described in this subsection is a policy that pre-
20 scribes the handling of minor collateral misconduct involv-
21 ing a member of the Armed Forces who is the alleged vic-
22 tim of sexual assault.
23 (c) AGGRAVATING CIRCUMSTANCES.—The regula-
24 tions under subsection (a) shall specify aggravating cir-
25 cumstances that increase the gravity of minor collateral
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1 misconduct or its impact on good order and discipline for
2 purposes of the safe-to-report policy.
3 (d) TRACKING OF COLLATERAL MISCONDUCT INCI-
4 DENTS.—In conjunction with the issuance of regulations
5 under subsection (a), Secretary shall develop and imple-
6 ment a process to track incidents of minor collateral mis-
7 conduct that are subject to the safe-to-report policy.
8 (e) DEFINITIONS.—In this section:
9 (1) The term ‘‘Armed Forces’’ has the meaning
10 given that term in section 101(a)(4) of title 10,
11 United States Code, except such term does not in-
12 clude the Coast Guard.
13 (2) The term ‘‘military service academy’’ means
14 the following:
15 (A) The United States Military Academy.
16 (B) The United States Naval Academy.
17 (C) The United States Air Force Academy.
18 (3) The term ‘‘minor collateral misconduct’’
19 means any minor misconduct that is potentially pun-
20 ishable under chapter 47 of title 10, United States
21 Code (the Uniform Code of Military Justice), that—
22 (A) is committed close in time to or during
23 the sexual assault, and directly related to the
24 incident that formed the basis of the sexual as-
25 sault allegation;
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1 (B) is discovered as a direct result of the
2 report of sexual assault or the ensuing inves-
3 tigation 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
8 on good order and discipline.
9 SEC. 527. ADDITIONAL BASES FOR PROVISION OF ADVICE
10 BY THE DEFENSE ADVISORY COMMITTEE
11 FOR THE PREVENTION OF SEXUAL MIS-
12 CONDUCT.
13 Section 550B(c)(2) of the National Defense Author-
14 ization Act for Fiscal Year 2020 (Public Law 116–92) is
15 amended—
16 (1) by redesignating subparagraph (C) as sub-
17 paragraph (E); and
18 (2) by inserting after subparagraph (B) the fol-
19 lowing new subparagraphs:
20 ‘‘(C) Efforts among private employers to
21 prevent sexual assault and sexual harassment
22 among their employees.
23 ‘‘(D) Evidence-based studies on the pre-
24 vention of sexual assault and sexual harassment
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1 in the Armed Forces, institutions of higher edu-
2 cation, and the private sector.’’.
3 SEC. 528. ADDITIONAL MATTERS FOR REPORTS OF THE DE-
4 FENSE ADVISORY COMMITTEE FOR THE PRE-
5 VENTION OF SEXUAL MISCONDUCT.
6 Section 550B(d) of the National Defense Authoriza-
7 tion Act for Fiscal Year 2020 (Public Law 116–92) is
8 amended by adding at the end the following: ‘‘The report
9 shall include the following:
10 ‘‘(1) A description and assessment of the extent
11 and effectiveness of the inclusion by the Armed
12 Forces of sexual assault prevention and response
13 training in leader professional military education
14 (PME), especially in such education for personnel in
15 junior noncommissioned officer grades.
16 ‘‘(2) An assessment of the feasibility of—
17 ‘‘(A) the screening of recruits before entry
18 into military service for prior incidents of sexual
19 assault and harassment, including through
20 background checks; and
21 ‘‘(B) the administration of screening tests
22 to recruits to assess recruit views and beliefs on
23 equal opportunity, and whether such views and
24 beliefs are compatible with military service.
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1 ‘‘(3) An assessment of the feasibility of con-
2 ducting exit interviews of members of the Armed
3 Forces upon their discharge release from the Armed
4 Forces in order to determine whether they experi-
5 enced or witnessed sexual assault or harassment
6 during military service and did not report it, and an
7 assessment of the feasibility of combining such exit
8 interviews with the Catch a Serial Offender
9 (CATCH) Program of the Department of Defense.
10 ‘‘(4) An assessment whether the sexual assault
11 reporting databases of the Department are suffi-
12 ciently anonymized to ensure privacy while still pro-
13 viding military leaders with the information as fol-
14 lows:
15 ‘‘(A) The approximate length of time the
16 victim and the assailant had been at the duty
17 station at which the sexual assault occurred.
18 ‘‘(B) The percentage of sexual assaults oc-
19 curring while the victim or assailant were on
20 temporary duty, leave, or otherwise away from
21 their permanent duty station.
22 ‘‘(C) The number of sexual assaults that
23 involve an abuse of power by a commander or
24 supervisor.’’.
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1 SEC. 529. POLICY ON SEPARATION OF VICTIM AND AC-
2 CUSED AT MILITARY SERVICE ACADEMIES
3 AND DEGREE-GRANTING MILITARY EDU-
4 CATIONAL INSTITUTIONS.
5 (a) IN GENERAL.—The Secretary of Defense shall,
6 in consultation with the Secretaries of the military depart-
7 ments, the Superintendent of each military service acad-
8 emy, and the head of each degree-granting military edu-
9 cational institution, prescribe in regulations a policy under
10 which association between a cadet or midshipman of a
11 military service academy, or a member of the Armed
12 Forces enrolled in a degree-granting military educational
13 institution, who is the alleged victim of a sexual assault
14 and the accused is minimized while both parties complete
15 their course of study at the academy or institution con-
16 cerned.
17 (b) ELEMENTS.—The Secretary of Defense shall en-
18 sure that the policy developed under subsection (a)—
19 (1) is fair to the both the alleged victim and the
20 accused;
21 (2) provides for the confidentiality of the par-
22 ties involved;
23 (3) provide that notice of the policy, including
24 the elements of the policy and the right to opt out
25 of coverage by the policy, is provided to the alleged
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1 victim upon the making of an allegation of a sexual
2 assault covered by the policy; and
3 (4) provide an alleged victim the right to opt
4 out of coverage by the policy in connection with such
5 sexual assault.
6 (c) MILITARY SERVICE ACADEMY DEFINED.—The
7 term ‘‘military service academy’’ means the following:
8 (1) The United States Military Academy.
9 (2) The United States Naval Academy.
10 (3) The United States Air Force Academy.
11 (4) The United States Coast Guard Academy.
12 SEC. 530. BRIEFING ON PLACEMENT OF MEMBERS OF THE
13 ARMED FORCES IN ACADEMIC STATUS WHO
14 ARE VICTIMS OF SEXUAL ASSAULT ONTO
15 NON-RATED PERIODS.
16 Not later than 90 days after the date of the enact-
17 ment of this Act, the Secretary of Defense shall brief the
18 Committees on Armed Services of the Senate and the
19 House of Representatives on the feasibility and advis-
20 ability, and current practice (if any), of the Department
21 of Defense of granting requests by members of the Armed
22 Forces who are in academic status (whether at the mili-
23 tary service academies or in developmental education pro-
24 grams) and who are victims of sexual assault to be placed
25 on a Non-Rated Period for their performance report.
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1 PART II—OTHER MILITARY JUSTICE MATTERS
2 SEC. 531. RIGHT TO NOTICE OF VICTIMS OF OFFENSES
3 UNDER THE UNIFORM CODE OF MILITARY
4 JUSTICE REGARDING CERTAIN POST-TRIAL
5 MOTIONS, FILINGS, AND HEARINGS.
6 Section 806b(a)(2) of title 10, United States Code
7 (article 6b(a)(2)) of the Uniform Code of Military Jus-
8 tice), is amended—
9 (1) by redesignating subparagraphs (D) and
10 (E) 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,
16 unseal privileged or private information of the
17 victim, 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
22 Justice), 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 fol-
26 lowing new subsection (e):
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1 ‘‘(e) CONSIDERATION OF THE EVIDENCE.—
2 ‘‘(1) IN GENERAL.—In an appeal of a finding
3 of 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
6 by the accused of deficiencies in proof. The Court
7 may set aside and dismiss a finding if clearly con-
8 vinced that the finding was against the weight of the
9 evidence. The Court may affirm a lesser finding. A
10 rehearing 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 (arti-
23 cle) is amended—
24 (1) by inserting ‘‘(1)’’ before ‘‘Each judge’’;
25 and
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1 (2) by adding at the end the following new
2 paragraph:
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 Advo-
15 cate General determines that compliance with the require-
16 ment in the assignment of appellate military judges to a
17 Court of Criminal Appeals will impair the ability of the
18 Court 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
24 military judges and a plan for addressing such shortage.’’.
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1 (c) REVIEW BY FULL COURT OF FINDING OF CON-
2 VICTION AGAINST WEIGHT OF EVIDENCE.—Subsection
3 (e) of such section (article), as amended by subsection (a)
4 of this section, is further is amended by adding at the end
5 the following 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 clear-
9 ly against the weight of the evidence under para-
10 graph (1) shall be reviewed by the Court sitting as
11 a 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 RE-
18 GARD TO OUTCOME.—The standards and criteria pre-
19 scribed established by the Secretary of Defense under sub-
20 section (a) shall provide for the preservation of records,
21 without regard to the outcome of the proceeding con-
22 cerned, for not fewer than 15 years.’’.
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1 SEC. 534. COMPTROLLER GENERAL OF THE UNITED
2 STATES REPORT ON IMPLEMENTATION BY
3 THE 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
9 of the United States shall submit to the Committees on
10 Armed Services of the Senate and the House of Represent-
11 atives a report, in writing, on a study, conducted by the
12 Comptroller General for purposes of the report, on the im-
13 plementation 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
17 to Improve Their Capabilities to Assess Racial and
18 Gender Disparities’’ (GAO–19–344).
19 (2) Requirements in section 540I(b) of the Na-
20 tional Defense Authorization Act for Fiscal Year
21 2020 (Public Law 116–92), relating to assessments
22 covered by such recommendations.
23 (b) ELEMENTS.—The report required by subsection
24 (a) shall include, for each recommendation and require-
25 ment specified in that subsection, the following:
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1 (1) A description of the actions taken or
2 planned by the Department of Defense, the military
3 department concerned, or the Armed Force con-
4 cerned to implement such recommendation or re-
5 quirement.
6 (2) An assessment of the extent to which the
7 actions taken to implement such recommendation or
8 requirement, as described pursuant to paragraph
9 (1), are effective or meet the intended objective.
10 (3) Any other matters in connection with such
11 recommendation or requirement, and the implemen-
12 tation of such recommendation or requirement by
13 the Armed Forces, that the Comptroller General
14 considers appropriate.
15 (c) BRIEFINGS.—Not later than May 1, 2021, the
16 Comptroller General shall provide the committees referred
17 to in subsection (a) one or more briefings on the status
18 of the study required by that subsection, including any
19 preliminary findings and recommendations of the Comp-
20 troller General as a result of the study as of the date of
21 such briefing.
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1 SEC. 535. BRIEFING ON MENTAL HEALTH SUPPORT FOR VI-
2 CARIOUS TRAUMA FOR CERTAIN PERSONNEL
3 IN THE MILITARY JUSTICE SYSTEM.
4 (a) BRIEFING REQUIRED.—Not later than 180 days
5 after the date of the enactment of this Act, the Judge Ad-
6 vocates General of the Army, the Navy, and the Air Force
7 and the Staff Judge Advocate to the Commandant of the
8 Marine Corps shall jointly brief the Committees on Armed
9 Services of the Senate and the House of Representatives
10 on the mental health support for vicarious trauma pro-
11 vided to personnel in the military justice system specified
12 in subsection (b).
13 (b) PERSONNEL.—The personnel specified in this
14 subsection are the following:
15 (1) Trial counsel.
16 (2) Defense counsel.
17 (3) Special Victims’ Counsel.
18 (4) Military investigative personnel.
19 (c) ELEMENTS.—The briefing required by subsection
20 (a) shall include the following:
21 (1) A description and assessment of the mental
22 health support for vicarious trauma provided to per-
23 sonnel in the military justice system specified in sub-
24 section (b), including a description of the support
25 services available and the support services being
26 used.
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1 (2) A description and assessment of mecha-
2 nisms to eliminate or reduce stigma in the pursuit
3 by such personnel of such mental health support.
4 (3) An assessment of the feasibility and advis-
5 ability of providing such personnel with breaks be-
6 tween assignments or cases as part of such mental
7 health support in order to reduce the effects of vi-
8 carious trauma.
9 (4) A description and assessment of the extent,
10 if any, to which duty of such personnel on particular
11 types of cases, or in particular caseloads, contributes
12 to vicarious trauma, and of the extent, if any, to
13 which duty on such cases or caseloads has an effect
14 on retention of such personnel in the Armed Forces.
15 (5) A description of the extent, if any, to which
16 such personnel are screened or otherwise assessed
17 for vicarious trauma before discharge or release
18 from the Armed Forces.
19 (6) Such other matters in connection with the
20 provision of mental health support for vicarious
21 trauma to such personnel as the Judge Advocates
22 General and the Staff Judge Advocate jointly con-
23 sider appropriate.
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1 SEC. 536. GUARDIAN AD LITEM PROGRAM FOR MINOR DE-
2 PENDENTS OF MEMBERS OF THE ARMED
3 FORCES.
4 Section 540L(b)(1) of the National Defense Author-
5 ization Act for Fiscal Year 2020 (Public Law 116–92; 133
6 Stat. 1373) is amended by adding before the period at
7 the end the following: ‘‘, including an assessment of the
8 feasibility and advisability of establishing a guardian ad
9 litem program for military dependents living outside the
10 United States’’.
11 Subtitle E—Member Education,
12 Training, Transition, and Resil-
13 ience
14 SEC. 541. TRAINING ON RELIGIOUS ACCOMMODATION FOR
15 MEMBERS OF THE ARMED FORCES.
16 (a) IN GENERAL.—As recommended on page 149 of
17 the Report of the Committee on Armed Services of the
18 Senate to Accompany S. 1519 (115th Congress) (Senate
19 Report 115–125), the Secretary of Defense shall develop
20 and implement training on Federal statutes, Department
21 of Defense instructions, and the regulations of each
22 Armed Force regarding religious liberty and accommoda-
23 tion for members of the Armed Forces, including the re-
24 sponsibility of commanders to maintain good order and
25 discipline.
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1 (b) CONSULTATION.—The Secretary develop and im-
2 plement the training required by subsection (a) in con-
3 sultation with the following:
4 (1) The General Counsel of the Department of
5 Defense.
6 (2) The Judge Advocate General of the Army,
7 the Judge Advocate General of the Navy, and the
8 Judge Advocate General of the Air Force.
9 (3) The Chief of Chaplains of the Army, the
10 Chief of Chaplains of the Navy, and the Chief of
11 Chaplains of the Air Force.
12 (c) CONTENTS.—The content of the training shall be
13 consistent with and include coverage of each of the fol-
14 lowing:
15 (1) The Religious Freedom Restoration Act of
16 1993 (42 U.S.C. 2000bb et seq.).
17 (2) Section 533 of the National Defense Au-
18 thorization Act for Fiscal Year 2013 (10 U.S.C.
19 prec. 1030 note).
20 (3) Section 528 of the National Defense Au-
21 thorization Act for Fiscal Year 2016 (Public Law
22 114–92; 129 Stat. 814).
23 (d) IMPLEMENTATION.—
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1 (1) RECIPIENTS.—The recipients of training
2 developed under subsection (a) shall include the fol-
3 lowing at all levels of command:
4 (A) Commanders
5 (B) Chaplains.
6 (C) Judge advocates.
7 (D) Such other members of the Armed
8 Forces as the Secretary considers appropriate.
9 (2) COMMENCEMENT.—The provision of train-
10 ing developed under subsection (a) shall commence
11 not later than one year after the date of the enact-
12 ment of this Act.
13 SEC. 542. ADDITIONAL ELEMENTS WITH 2021 CERTIFI-
14 CATIONS ON THE READY, RELEVANT LEARN-
15 ING INITIATIVE OF THE NAVY.
16 (a) ADDITIONAL ELEMENTS.—In submitting to Con-
17 gress in 2021 the certifications required by section 545
18 of the National Defense Authorization Act for Fiscal Year
19 2018 (Public Law 115–91; 131 Stat. 1396; 10 U.S.C.
20 8431 note prec.), relating to the Ready, Relevant Learning
21 initiative of the Navy, the Secretary of the Navy shall also
22 submit each of the following:
23 (1) A life cycle sustainment plan for the Ready,
24 Relevant Learning initiative meeting the require-
25 ments in subsection (b).
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1 (2) A report on the use of readiness assessment
2 teams in training addressing the elements specified
3 in subsection (c).
4 (b) LIFE CYCLE SUSTAINMENT PLAN.—The life cycle
5 sustainment plan required by subsection (a)(1) shall in-
6 clude a description of the approved life cycle sustainment
7 plan for the Ready, Relevant Learning initiative, including
8 with respect to each of the following:
9 (1) Product support management.
10 (2) Supply support.
11 (3) Packaging, handling, storage, and transpor-
12 tation.
13 (4) Maintenance planning and management.
14 (5) Design interface.
15 (6) Sustainment engineering.
16 (7) Technical data.
17 (8) Computer resources.
18 (9) Facilities and infrastructure.
19 (10) Manpower and personnel.
20 (11) Support equipment.
21 (12) Training and training support.
22 (13) Governance, including the acquisition and
23 program management structure.
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1 (14) Such other elements in the life cycle
2 sustainment of the Ready, Relevant Learning initia-
3 tive as the Secretary considers appropriate.
4 (c) REPORT ON USE OF READINESS ASSESSMENT
5 TEAMS.—The report required by subsection (a)(2) shall
6 set forth the following:
7 (1) A description and assessment of the extent
8 to which the Navy is currently using Engineering
9 Readiness Assessment Teams (ERAT) and Combat
10 Systems Readiness Assessment Teams (CSRAT) to
11 conduct unit-level training and assistance in each ca-
12 pacity as follows:
13 (A) To augment non-Ready, Relevant
14 Learning initiative training.
15 (B) As part of Ready, Relevant Learning
16 initiative training.
17 (C) To train students on legacy, obsolete,
18 one of a kind, or unique systems that are still
19 widely used by the Navy.
20 (D) To train students on military-specific
21 systems that are not found in the commercial
22 maritime world.
23 (2) A description and assessment of potential
24 benefits, and anticipated timelines and costs, in ex-
25 panding Engineering Readiness Assessment Team
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1 and Combat Systems Readiness Assessment Team
2 training in the capacities specified in paragraph (1).
3 (3) Such other matters in connection with the
4 use of readiness assessment teams in connection
5 with the Ready, Relevant Learning initiative as the
6 Secretary considers appropriate.
7 SEC. 543. REPORT ON STANDARDIZATION AND POTENTIAL
8 MERGER OF LAW ENFORCEMENT TRAINING
9 FOR MILITARY AND CIVILIAN PERSONNEL
10 ACROSS THE DEPARTMENT OF DEFENSE.
11 (a) REPORT REQUIRED.—Not later than June 8,
12 2021, the Secretary of Defense shall submit to the Com-
13 mittees on Armed Services of the Senate and the House
14 of Representatives a report on the standardization and po-
15 tential merger of law enforcement training for military
16 and civilian personnel across the Department of Defense,
17 including training of military or civilian personnel of the
18 Department designated in accordance with section 2762
19 of title 10, United States Code, to protect buildings,
20 grounds, and property under the jurisdiction, custody, or
21 control of the Department and the persons on such prop-
22 erty.
23 (b) ELEMENTS.—In developing the report required
24 by subsection (a), the Secretary shall do, and include in
25 the report the results of, the following:
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1 (1) Identify and assess current law enforcement
2 training courses, schools, and programs of the
3 Armed Forces that have the flexibility and capacity
4 to support the training referred to in subsection (a)
5 through common training standards.
6 (2) Identify and assess current Department law
7 enforcement training courses, schools, and programs
8 that are affiliated with or accredited by third parties
9 (including both governmental and private entities),
10 including an assessment of the value derived from
11 such affiliation or accreditation to the training re-
12 ferred to in subsection (a).
13 (3) Identify emerging law enforcement training
14 requirements that are common among the Armed
15 Forces and other Department law enforcement com-
16 ponents and are currently unmet by the Armed
17 Forces or such components.
18 (4) Assess the feasibility, advisability, and suit-
19 ability of incorporating standardized and merged
20 field and operational training in military law en-
21 forcement mission areas, including area security op-
22 erations, law and order operations, internment and
23 resettlement operations, and police intelligence oper-
24 ations, in the training provided to all Armed Forces
25 and other Department law enforcement components.
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1 (5) Identify and assess Department courses,
2 programs, or institutions with the capability to sup-
3 port law enforcement training or information shar-
4 ing between Department military and civilian law
5 enforcement components and State, county, and
6 local law enforcement agencies, with the capability to
7 support law enforcement components of the National
8 Guard and other reserve components of the Armed
9 Forces, or with both such capabilities.
10 (6) Assess the feasibility, advisability, and suit-
11 ability of standardizing and merging the training re-
12 ferred to in subsection (a) across the Department,
13 including an assessment of the costs of such stand-
14 ardization and merger.
15 (7) Any other matters the Secretary considers
16 appropriate.
17 SEC. 544. QUARTERLY REPORTS ON IMPLEMENTATION OF
18 RECOMMENDATIONS OF THE COMPREHEN-
19 SIVE REVIEW OF SPECIAL OPERATIONS
20 FORCES CULTURE AND ETHICS.
21 (a) QUARTERLY REPORTS REQUIRED.—Not later
22 than March 1, 2021, and every 90 days thereafter through
23 March 1, 2024, the Assistant Secretary of Defense for
24 Special Operations and Low Intensity Conflict shall, in co-
25 ordination with the Commander of the United States Spe-
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1 cial Operations Command, submit to the congressional de-
2 fense committees a report on the current status of the im-
3 plementation of the actions recommended as a result of
4 the Comprehensive Review of Special Operations Forces
5 Culture and Ethics.
6 (b) ELEMENTS.—Each report under subsection (a)
7 shall include the following:
8 (1) A list of the actions required as of the date
9 of such report to complete full implementation of
10 each of the 16 actions recommended by the Com-
11 prehensive Review referred to in subsection (a).
12 (2) An identification of the office responsible
13 for completing each action listed pursuant to para-
14 graph (1), and an estimated timeline for completion
15 of such action.
16 (3) If completion of any action listed pursuant
17 to paragraph (1) requires resources or actions for
18 which authorization by statute is required, a rec-
19 ommendation for legislative action for such author-
20 ization.
21 (4) Any other matters the Assistant Secretary
22 or the Commander considers appropriate.
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1 SEC. 545. INFORMATION ON NOMINATIONS AND APPLICA-
2 TIONS FOR MILITARY SERVICE ACADEMIES.
3 (a) REPORT ON CONGRESSIONAL NOMINATIONS POR-
4 TAL.—
5 (1) IN GENERAL.—Not later than one year
6 after the date of the enactment of this Act, the Sec-
7 retary of Defense shall, in consultation with the Su-
8 perintendents of the military service academies, sub-
9 mit to the Committees on Armed Services of the
10 Senate and the House of Representatives a report
11 setting forth an assessment of the feasibility and ad-
12 visability of a uniform online portal for all military
13 service academies that enables Members of Congress
14 to nominate individuals for appointment to each
15 academy through a secure website.
16 (2) INFORMATION COLLECTION AND REPORT-
17 ING.—For purposes of preparing the report required
18 by paragraph (1), the Secretary shall treat the on-
19 line portal described in that paragraph as permitting
20 the collection, from each Member of Congress, of the
21 demographic information described in subsection (b)
22 for each individual nominated by the Member.
23 (3) AVAILABILITY OF INFORMATION.—For pur-
24 poses of preparing the report, the Secretary shall
25 treat the online portal as permitting Members of
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1 Congress and their designees to view past nomina-
2 tion records for all application cycles.
3 (4) MATTERS IN CONNECTION WITH ESTAB-
4 LISHMENT OF PORTAL.—If the Secretary determines
5 that the online portal is feasible and advisable, the
6 report shall include—
7 (A) a comprehensive description of the on-
8 line portal; and
9 (B) such recommendations for legislative
10 and administrative action as the Secretary con-
11 siders appropriate to establish and maintain the
12 online portal.
13 (b) STANDARD CLASSIFICATIONS FOR COLLECTION
14 OF DEMOGRAPHIC DATA.—
15 (1) STANDARDS REQUIRED.—The Secretary of
16 Defense shall, in consultation with the Superintend-
17 ents of the military service academies, establish
18 standard classifications that cadets, midshipmen,
19 and applicants to the academies may use to self-
20 identify gender, race, and ethnicity and to provide
21 other demographic information in connection with
22 admission to or enrollment in an academy.
23 (2) CONSISTENCY WITH OMB GUIDANCE.—The
24 standard classifications established under paragraph
25 (1) shall be consistent with the standard classifica-
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1 tions specified in Office of Management and Budget
2 Directive No. 15 (pertaining to race and ethnic
3 standards for Federal statistics and administrative
4 reporting) or any successor directive.
5 (3) INCORPORATION INTO APPLICATIONS AND
6 RECORDS.—Not later than one year after the date of
7 the enactment of this Act, the Secretary shall incor-
8 porate the standard classifications established under
9 paragraph (1) into—
10 (A) applications for admission to the mili-
11 tary service academies; and
12 (B) the military personnel records of ca-
13 dets and midshipmen enrolled in such acad-
14 emies.
15 (c) MILITARY SERVICE ACADEMY DEFINED.—In this
16 section, the term ‘‘military service academy’’ means—
17 (1) the United States Military Academy;
18 (2) the United States Naval Academy; and
19 (3) the United States Air Force Academy.
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1 SEC. 546. PILOT PROGRAMS IN CONNECTION WITH SENIOR
2 RESERVE OFFICERS’ TRAINING CORPS UNITS
3 AT HISTORICALLY BLACK COLLEGES AND
4 UNIVERSITIES AND MINORITY INSTITUTIONS.
5 (a) PILOT PROGRAMS AUTHORIZED.—The Secretary
6 of Defense may carry out either or both of the pilot pro-
7 grams as follows:
8 (1) A pilot program, with elements as provided
9 for in subsection (c), at covered institutions in order
10 to assess the feasibility and advisability of mecha-
11 nisms to reduce barriers to participation in the Sen-
12 ior Reserve Officers’ Training Corps at such institu-
13 tions by creating partnerships between satellite or
14 extension Senior Reserve Officers’ Training Corps
15 units at such institutions and military installations.
16 (2) A pilot program, with elements as provided
17 for in subsection (d), in order to assess the feasi-
18 bility and advisability of the provision of financial
19 assistance to members of the Senior Reserve Offi-
20 cers’ Training Corps at covered institutions for par-
21 ticipation in flight training.
22 (b) DURATION.—The duration of each pilot program
23 under subsection (a) may not exceed five years.
24 (c) PILOT PROGRAM ON PARTNERSHIPS BETWEEN
25 SATELLITE OR EXTENSION SROTC UNITS AND MILITARY
26 INSTALLATIONS.—
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1 (1) PARTICIPATING INSTITUTIONS.—The Sec-
2 retary of Defense shall carry out the pilot program
3 authorized by subsection (a)(1) at not fewer than
4 five covered institutions selected by the Secretary for
5 purposes of the pilot program.
6 (2) REQUIREMENTS FOR SELECTION.—Each
7 covered institution selected by the Secretary for pur-
8 poses of the pilot program authorized by subsection
9 (a)(1) shall—
10 (A) currently maintain a satellite or exten-
11 sion Senior Reserve Officers’ Training Corps
12 unit under chapter 103 of title 10, United
13 States Code, that is located more than 20 miles
14 from the host unit of such unit; or
15 (B) establish and maintain a satellite or
16 extension Senior Reserve Officers’ Training
17 Corps unit that meets the requirements in sub-
18 paragraph (A).
19 (3) PREFERENCE IN SELECTION OF INSTITU-
20 TIONS.—In selecting covered institutions under this
21 subsection for participation in the pilot program au-
22 thorized by subsection (a)(1), the Secretary shall
23 give preference to covered institutions that are lo-
24 cated within 20 miles of a military installation of the
25 same Armed Force as the host unit of the Senior
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1 Reserve Officers’ Training Corp of the covered insti-
2 tution concerned.
3 (4) PARTNERSHIP ACTIVITIES.—The activities
4 conducted under the pilot program authorized by
5 subsection (a)(1) between a satellite or extension
6 Senior Reserve Officers’ Training Corps unit and
7 the military installation concerned shall include such
8 activities designed to reduce barriers to participation
9 in the Senior Reserve Officers’ Training Corps at
10 the covered institution concerned as the Secretary
11 considers appropriate, including measures to miti-
12 gate travel time and expenses in connection with re-
13 ceipt of Senior Reserve Officers’ Training Corps in-
14 struction.
15 (d) PILOT PROGRAM ON FINANCIAL ASSISTANCE FOR
16 SROTC MEMBERS FOR FLIGHT TRAINING.—
17 (1) ELIGIBILITY FOR PARTICIPATION BY SROTC
18 MEMBERS.—A member of a Senior Reserve Officers’
19 Training Corps unit at a covered institution may
20 participate in the pilot program authorized by sub-
21 section (a)(2) if the member meets such academic
22 requirements at the covered institution, and such
23 other requirements, as the Secretary shall establish
24 for purposes of the pilot program.
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1 (2) PREFERENCE IN SELECTION OF PARTICI-
2 PANTS.—In selecting members under this subsection
3 for participation in the pilot program authorized by
4 subsection (a)(2), the Secretary shall give a pref-
5 erence to members who will pursue flight training
6 under the pilot program at a covered institution.
7 (3) FINANCIAL ASSISTANCE FOR FLIGHT TRAIN-
8 ING.—
9 (A) IN GENERAL.—The Secretary may
10 provide any member of a Senior Reserve Offi-
11 cers’ Training Corps who participates in the
12 pilot program authorized by subsection (a)(2)
13 financial assistance to defray, whether in whole
14 or in part, the charges and fees imposed on the
15 member for flight training.
16 (B) FLIGHT TRAINING.—Financial assist-
17 ance may be used under subparagraph (A) for
18 a course of flight training only if the course
19 meets Federal Aviation Administration stand-
20 ards and is approved by the Federal Aviation
21 Administration and the applicable State approv-
22 ing agency.
23 (C) USE.—Financial assistance received by
24 a member under subparagraph (A) may be used
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1 only to defray the charges and fees imposed on
2 the member as described in that subparagraph.
3 (D) CESSATION OF ELIGIBILITY.—Finan-
4 cial assistance may not be provided to a mem-
5 ber under subparagraph (A) as follows:
6 (i) If the member ceases to meet the
7 academic and other requirements estab-
8 lished pursuant to paragraph (1).
9 (ii) If the member ceases to be a
10 member of the Senior Reserve Officers’
11 Training Corps.
12 (e) EVALUATION METRICS.—The Secretary of De-
13 fense shall establish metrics to evaluate the effectiveness
14 of the pilot programs under subsection (a).
15 (f) REPORTS.—
16 (1) INITIAL REPORT.—Not later than 180 days
17 after the commencement of the pilot programs under
18 subsection (a), the Secretary of Defense shall submit
19 to the Committees on Armed Services of the Senate
20 and the House of Representatives a report on the
21 pilot programs. The report shall include the fol-
22 lowing:
23 (A) A description of each pilot program,
24 including in the case of the pilot program under
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1 subsection (a)(2) the requirements established
2 pursuant to subsection (d)(1).
3 (B) The evaluation metrics established
4 under subsection (e).
5 (C) Such other matters relating to the
6 pilot programs as the Secretary considers ap-
7 propriate.
8 (2) ANNUAL REPORT.—Not later than 90 days
9 after the end of each fiscal year in which the Sec-
10 retary carries out the pilot programs, the Secretary
11 shall submit to the Committees on Armed Services
12 of the Senate and the House of Representatives a
13 report on the pilot programs during such fiscal year.
14 Each report shall include, for the fiscal year covered
15 by such report, the following:
16 (A) In the case of the pilot program under
17 subsection (a)(1), a description of the partner-
18 ships between satellite or extension Senior Re-
19 serve Officers’ Training Corps units and mili-
20 tary installations under the pilot program.
21 (B) In the case of the pilot program under
22 subsection (a)(2), the following:
23 (i) The number of members of Senior
24 Reserve Officers’ Training Corps units at
25 covered institutions selected for purposes
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1 of the pilot program, including the number
2 of such members participating in the pilot
3 program.
4 (ii) The number of recipients of finan-
5 cial assistance provided under the pilot
6 program, including the number who—
7 (I) completed a ground school
8 course of instruction in connection
9 with obtaining a private pilot’s certifi-
10 cate;
11 (II) completed flight training,
12 and the type of training, certificate, or
13 both received;
14 (III) were selected for a pilot
15 training slot in the Armed Forces;
16 (IV) initiated pilot training in the
17 Armed Forces; or
18 (V) successfully completed pilot
19 training in the Armed Forces.
20 (iii) The amount of financial assist-
21 ance provided under the pilot program,
22 broken out by covered institution, course of
23 study, and such other measures as the Sec-
24 retary considers appropriate.
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328
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
6 Secretary shall submit to the Committees on Armed
7 Services of the Senate and the House of Representa-
8 tives a report on the pilot programs. The report
9 shall include 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 Sen-
18 ior Reserve Officers’ Training Corps units.
19 (E) Such recommendations for legislative
20 or administrative action as the Secretary con-
21 siders appropriate in light of the pilot pro-
22 grams, including recommendations for extend-
23 ing or making permanent the authority for each
24 pilot program.
25 (g) DEFINITIONS.—In this section:
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1 (1) The term ‘‘covered institution’’ has the
2 meaning given that term in section 262(g)(2) of the
3 National Defense Authorization Act for Fiscal Year
4 2020 (Public Law 116–92).
5 (2) The term ‘‘flight training’’ means a course
6 of 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
17 regular 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
22 by inserting after ‘‘service to the United States’’ the fol-
23 lowing: ‘‘(including an introduction to service opportuni-
24 ties in military, national, and public service)’’.
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1 (b) PLAN TO INCREASE NUMBER OF JROTC
2 UNITS.—The Secretary of Defense shall, in consultation
3 with the Secretaries of the military departments, develop
4 and implement a plan to establish and support not fewer
5 than 6,000 units of the Junior Reserve Officers’ Training
6 Corps by 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 North-
10 ern Mariana Islands, American Samoa,’’ before ‘‘and
11 Guam’’.
12 Subtitle F—Decorations and
13 Awards
14 SEC. 551. AWARD OR PRESENTATION OF DECORATIONS FA-
15 VORABLY RECOMMENDED FOLLOWING DE-
16 TERMINATION ON MERITS OF PROPOSALS
17 FOR DECORATIONS NOT PREVIOUSLY SUB-
18 MITTED IN A TIMELY FASHION.
19 (a) AWARD OR PRESENTATION AUTHORIZED.—Sec-
20 tion 1130 of title 10, United States Code, is amended—
21 (1) by redesignating subsection (d) as sub-
22 section (e); and
23 (2) by inserting after subsection (c) the fol-
24 lowing new subsection (d):
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1 ‘‘(d)(1) A decoration may be awarded or presented
2 following the submission of a favorable recommendation
3 for the award or presentation of the decoration under sub-
4 section (b).
5 ‘‘(2) An award or presentation of a decoration under
6 paragraph (1) may not occur before the end of the 60-
7 day period beginning on the date of the submission under
8 subsection (b) of the favorable recommendation regarding
9 the award or presentation of the decoration.
10 ‘‘(3) The authority to make an award or presentation
11 of a decoration under this subsection shall apply notwith-
12 standing any limitation described in subsection (a).’’.
13 (b) CONFORMING AND CLERICAL AMENDMENTS.—
14 (1) SECTION HEADING.—The heading of section
15 1130 of such title is amended to read as follows:
16 ‘‘§ 1130. Consideration of proposals for decorations
17 not previously submitted in timely fash-
18 ion: procedures for review and award or
19 presentation’’.
20 (2) TABLE OF SECTIONS.—The table of sections
21 at the beginning of chapter 57 of such title is
22 amended by striking the item relating to section
23 1130 and inserting the following new item:
‘‘1130. Consideration of proposals for decorations not previously submitted in
timely fashion: procedures for review and award or presen-
tation.’’.
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1 SEC. 552. HONORARY PROMOTION MATTERS.
2 (a) HONORARY PROMOTIONS ON INITIATIVE OF
3 DOD.—Chapter 80 of title 10, United States Code, is
4 amended by inserting after section 1563 the following new
5 section:
6 ‘‘§ 1563a. Honorary promotions on the initiative of
7 the Department of Defense
8 ‘‘(a) IN GENERAL.—(1) Under regulations prescribed
9 by the Secretary of Defense, the Secretary may make an
10 honorary promotion (whether or not posthumous) of a
11 former member or retired member of the armed forces to
12 any grade not exceeding the grade of major general, rear
13 admiral (upper half), or an equivalent grade in the Space
14 Force if the Secretary determines that the promotion is
15 merited.
16 ‘‘(2) The authority to make an honorary promotion
17 under this subsection shall apply notwithstanding that the
18 promotion is not otherwise authorized by law.
19 ‘‘(b) NOTICE TO CONGRESS.—The Secretary may not
20 make an honorary promotion pursuant to subsection (a)
21 until 60 days after the date on which the Secretary sub-
22 mits to the Committees on Armed Services of the Senate
23 and the House of Representatives a notice of the deter-
24 mination to make the promotion, including a detailed dis-
25 cussion of the rationale supporting the determination.
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1 ‘‘(c) NOTICE OF PROMOTION.—Upon making an hon-
2 orary promotion pursuant to subsection (a), the Secretary
3 shall expeditiously notify the former member or retired
4 member concerned, or the next of kin of such former mem-
5 ber or retired member if such former member or retired
6 member is deceased, of the promotion.
7 ‘‘(d) NATURE OF PROMOTION.—Any promotion pur-
8 suant to this section is honorary, and shall not affect the
9 pay, retired pay, or other benefits from the United States
10 to which the former member or retired member concerned
11 is entitled or would have been entitled based on the mili-
12 tary service of such former member or retired member,
13 nor affect any benefits to which any other person is or
14 may become entitled based on the military service of such
15 former member or retired member.’’.
16 (b) MODIFICATION OF AUTHORITIES ON REVIEW OF
17 PROPOSALS FROM CONGRESS.—
18 (1) STANDARDIZATION OF AUTHORITIES WITH
19 AUTHORITIES ON DOD INITIATIVE.—Section 1563 of
20 title 10, United States Code, is amended—
21 (A) in subsection (a)—
22 (i) in the first sentence, by striking
23 ‘‘the posthumous or honorary promotion or
24 appointment of a member or former mem-
25 ber of the armed forces, or any other per-
† S 4049 ES
334
1 son considered qualified,’’ and inserting
2 ‘‘the honorary promotion (whether or not
3 posthumous) of a former member or re-
4 tired member of the armed forces’’; and
5 (ii) in the second sentence, by striking
6 ‘‘the posthumous or honorary promotion or
7 appointment’’ and inserting ‘‘the pro-
8 motion’’; and
9 (B) in subsection (b), by striking ‘‘the
10 posthumous or honorary promotion or appoint-
11 ment’’ and inserting ‘‘the honorary promotion’’.
12 (2) AUTHORITY TO MAKE HONORARY PRO-
13 MOTIONS FOLLOWING REVIEW OF PROPOSALS.—
14 Such section is further amended—
15 (A) by redesignating subsection (c) as sub-
16 section (d); and
17 (B) by inserting after subsection (b) the
18 following new subsection (c):
19 ‘‘(c) AUTHORITY TO MAKE.—(1) Under regulations
20 prescribed by the Secretary of Defense, the Secretary of
21 Defense may make an honorary promotion (whether or not
22 posthumous) of a former member or retired member of
23 the armed forces to any grade not exceeding the grade
24 of major general, rear admiral (upper half), or an equiva-
25 lent grade in the Space Force following the submittal of
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1 the determination of the Secretary concerned under sub-
2 section (b) in connection with the proposal for the pro-
3 motion if the determination is to approve the making of
4 the promotion.
5 ‘‘(2) The Secretary of Defense may not make an hon-
6 orary promotion under this subsection until 60 days after
7 the date on which the Secretary concerned submits the
8 determination in connection with the proposal for the pro-
9 motion under subsection (b), and the detailed rationale
10 supporting the determination as described in that sub-
11 section, to the Committees on Armed Services of the Sen-
12 ate and the House of Representatives and the requesting
13 Member in accordance with that subsection.
14 ‘‘(3) The authority to make an honorary promotion
15 under this subsection shall apply notwithstanding that the
16 promotion is not otherwise authorized by law.
17 ‘‘(4) Any promotion pursuant to this subsection is
18 honorary, and shall not affect the pay, retired pay, or
19 other benefits from the United States to which the former
20 member or retired member concerned is or would have
21 been entitled based upon the military service of such
22 former member or retired member, nor affect any benefits
23 to which any other person may become entitled based on
24 the military service of such former member or retired
25 member.’’.
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336
1 (3) HEADING AMENDMENT.—The heading of
2 such section is amended to read as follows:
3 ‘‘§ 1563. Consideration of proposals from Members of
4 Congress for honorary promotions: proce-
5 dures for review and promotion’’.
6 (c) CLERICAL AMENDMENT.—The table of sections
7 at the beginning of chapter 80 of such title is amended
8 by striking the item relating to section 1563 and inserting
9 the 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.’’.
10 Subtitle G—Defense Dependents’
11 Education and Military Family
12 Readiness Matters
13 PART I—DEFENSE DEPENDENTS’ EDUCATION
14 MATTERS
15 SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL
16 EDUCATIONAL AGENCIES THAT BENEFIT DE-
17 PENDENTS OF MEMBERS OF THE ARMED
18 FORCES AND DEPARTMENT OF DEFENSE CI-
19 VILIAN EMPLOYEES.
20 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT
21 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the
22 amount authorized to be appropriated for fiscal year 2021
23 by section 301 and available for operation and mainte-
24 nance for Defense-wide activities as specified in the fund-
† S 4049 ES
337
1 ing table in section 4301, $50,000,000 shall be available
2 only for the purpose of providing assistance to local edu-
3 cational agencies under subsection (a) of section 572 of
4 the National Defense Authorization Act for Fiscal Year
5 2006 (Public Law 109–163; 20 U.S.C. 7703b).
6 (b) LOCAL EDUCATIONAL AGENCY DEFINED.—In
7 this section, the term ‘‘local educational agency’’ has the
8 meaning given that term in section 7013(9) of the Ele-
9 mentary and Secondary Education Act of 1965 (20 U.S.C.
10 7713(9)).
11 SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DIS-
12 ABILITIES.
13 (a) IN GENERAL.—Of the amount authorized to be
14 appropriated for fiscal year 2021 pursuant to section 301
15 and available for operation and maintenance for Defense-
16 wide activities as specified in the funding table in section
17 4301, $10,000,000 shall be available for payments under
18 section 363 of the Floyd D. Spence National Defense Au-
19 thorization Act for Fiscal Year 2001 (as enacted into law
20 by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C.
21 7703a).
22 (b) ADDITIONAL AMOUNT.—Of the amount author-
23 ized to be appropriated for fiscal year 2021 pursuant to
24 section 301 and available for operation and maintenance
25 for Defense-wide activities as specified in the funding table
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338
1 in section 4301, $10,000,000 shall be available for use by
2 the Secretary of Defense to make payments to local edu-
3 cational agencies determined by the Secretary to have
4 higher concentrations of military children with severe dis-
5 abilities.
6 (c) REPORT.—Not later than March 1, 2021, the
7 Secretary shall brief the Committees on Armed Services
8 of the Senate and the House of Representatives on the
9 Department’s evaluation of each local educational agency
10 with higher concentrations of military children with severe
11 disabilities and subsequent determination of the amounts
12 of impact aid each such agency shall receive.
13 SEC. 563. STAFFING OF DEPARTMENT OF DEFENSE EDU-
14 CATION ACTIVITY SCHOOLS TO MAINTAIN
15 MAXIMUM STUDENT-TO-TEACHER RATIOS.
16 (a) IN GENERAL.—The Department of Defense Edu-
17 cation Activity (DoDEA) shall staff elementary and sec-
18 ondary schools operated by the Activity so as to maintain,
19 to the extent practicable, student-to-teacher ratios that do
20 not exceed the maximum student-to-teacher ratios speci-
21 fied in subsection (b).
22 (b) MAXIMUM STUDENT-TO-TEACHER RATIOS.—The
23 maximum student-to-teacher ratios specified in this sub-
24 section are the following:
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1 (1) For each of grades kindergarten through 3,
2 a ratio of 18 students to 1 teacher (18:1).
3 (2) For each of grades 4 through 12, a ratio
4 equal to the average student-to-teacher ratio for
5 such grade among all Department of Defense Edu-
6 cation Activity schools during the 2019–2020 aca-
7 demic year.
8 (c) SUNSET.—The requirement to staff schools in ac-
9 cordance with subsection (a) shall expire at the end of the
10 2023–2024 academic year of the Department of Defense
11 Education Activity.
12 SEC. 564. MATTERS IN CONNECTION WITH FREE APPRO-
13 PRIATE PUBLIC EDUCATION FOR DEPEND-
14 ENTS OF MEMBERS OF THE ARMED FORCES
15 WITH SPECIAL NEEDS.
16 (a) INFORMATION ON DISPUTES REGARDING RE-
17 CEIPT OF FREE APPROPRIATE PUBLIC EDUCATION BY
18 SPECIAL NEEDS DEPENDENTS.—
19 (1) IN GENERAL.—Each Secretary of a military
20 department shall collect and maintain information
21 on special education disputes filed by members of
22 the Armed Forces under the jurisdiction of such
23 Secretary.
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1 (2) INFORMATION.—The information collected
2 and maintained pursuant to this subsection shall in-
3 clude the following:
4 (A) The number of special education dis-
5 putes filed.
6 (B) The outcome or disposition of the dis-
7 putes.
8 (3) SOURCE OF INFORMATION.—The informa-
9 tion collected and maintained pursuant to this sub-
10 section shall be derived from the following:
11 (A) Records and reports of case managers
12 and navigators under the Exceptional Family
13 Member Program (EFMP) of the Department
14 of Defense.
15 (B) Reports of members of the Armed
16 Forces concerned to installation or other mili-
17 tary leadership.
18 (C) Such other sources as the Secretary of
19 the military department concerned considers ap-
20 propriate.
21 (4) ANNUAL REPORTS.— Each Secretary of a
22 military department shall submit each year to the
23 Office of Special Needs of the Department of De-
24 fense a report on the information collected by such
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1 Secretary pursuant to this subsection during the
2 preceding year.
3 (b) COMPTROLLER GENERAL OF THE UNITED
4 STATES STUDY.—
5 (1) IN GENERAL.—The Comptroller General of
6 the United States shall conduct a study on the fol-
7 lowing:
8 (A) The consequences for a State or local
9 educational agency of a finding of failure to
10 provide a free appropriate public education to a
11 military dependent.
12 (B) The manner in which local educational
13 agencies with military families use the fol-
14 lowing:
15 (i) Funds received under section
16 7003(d) of the Elementary and Secondary
17 Education Act of 1965 (20 U.S.C.
18 7703(d)).
19 (ii) Funds authorized to be appro-
20 priated by annual national defense author-
21 ization Acts and made available for impact
22 aid for child with severe disabilities under
23 section 363 of the Floyd D. Spence Na-
24 tional Defense Authorization Act for Fiscal
25 Year 2001 (20 U.S.C. 7703a).
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1 (iii) Funds authorized to be appro-
2 priated by annual national defense author-
3 ization Acts and made available for assist-
4 ance to schools with significant number of
5 military dependent students under sub-
6 section (a) of section 572 of the National
7 Defense Authorization Act for Fiscal Year
8 2006 (20 U.S.C. 7703b).
9 (C) The efficacy of attorney and other
10 legal support for military families in special
11 education disputes.
12 (D) The standardization of policies and
13 guidance for School Liaison Officers between
14 the Office of Special Needs of the Department
15 of Defense and the military departments, and
16 the efficacy of such policies and guidance.
17 (E) The improvements of family support
18 programs of the Office of Special Needs, and of
19 each military department, in light of the rec-
20 ommendations of the Comptroller General in
21 the report entitled ‘‘DOD Should Improve Its
22 Oversight of the Exceptional Family Member
23 Program’’, GAO–18–348.
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1 (2) RECOMMENDATIONS.—In conducting the
2 study, the Comptroller General shall develop rec-
3 ommendations on the following:
4 (A) Improvements and enhancements to
5 oversight and enforcement of compliance by
6 local educational agencies with requirements for
7 the provision of a free appropriate public edu-
8 cation to military dependents with special
9 needs.
10 (B) Improvements to the policies of the Of-
11 fice of Special Needs, and of each military de-
12 partment, with respect to the standardization
13 and efficacy of policies and programs for mili-
14 tary dependents with special needs.
15 (3) DEADLINE FOR COMPLETION.—The Comp-
16 troller General shall complete the study by not later
17 than March 31, 2021.
18 (4) BRIEFING AND REPORT.—Upon completion
19 of the study, the Comptroller General shall brief the
20 Committees on Armed Services of the Senate and
21 the House of Representatives on the results of the
22 study, and shall submit to such committees a report
23 on such results.
24 (c) DEFINITIONS.—In this section:
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1 (1) The term ‘‘free appropriate public edu-
2 cation’’ includes appropriate special education and
3 related services required under the Individuals with
4 Disabilities Education Act (20 U.S.C. 1400 et seq.)
5 (2) The term ‘‘local educational agency’’ has
6 the meaning given that term in section 8101 of the
7 Elementary and Secondary Education Act of 1965
8 (20 U.S.C. 7801).
9 (3) The term ‘‘special education dispute’’ means
10 a complaint filed regarding the education provided a
11 child with a disability (as defined in section 602 of
12 the Individuals with Disabilities Education Act (20
13 U.S.C. 1401), including a complaint filed in accord-
14 ance with section 615 or 639 of such Act (20 U.S.C.
15 1415, 1439).
16 SEC. 565. PILOT PROGRAM ON EXPANDED ELIGIBILITY FOR
17 DEPARTMENT OF DEFENSE EDUCATION AC-
18 TIVITY VIRTUAL HIGH SCHOOL PROGRAM.
19 (a) PILOT PROGRAM REQUIRED.—
20 (1) IN GENERAL.—The Secretary of Defense
21 shall carry out a pilot program on permitting de-
22 pendents of members of the Armed Forces on active
23 duty to enroll in the Department of Defense Edu-
24 cation Activity Virtual High School program (in this
25 section referred to as the ‘‘DVHS program’’).
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1 (2) PURPOSES.—The purposes of the pilot pro-
2 gram shall be as follows:
3 (A) To evaluate the feasibility and
4 scalability of the DVHS program.
5 (B) To assess the impact of expanded en-
6 rollment in the DVHS program under the pilot
7 program on military and family readiness.
8 (3) DURATION.—The duration of the pilot pro-
9 gram shall be four academic years.
10 (b) PARTICIPANTS.—
11 (1) IN GENERAL.—Participants in the pilot pro-
12 gram shall be selected by the Secretary from among
13 dependents of members of the Armed Forces on ac-
14 tive duty who—
15 (A) are in a grade 9 through 12;
16 (B) are currently ineligible to enroll in the
17 DVHS program; and
18 (C) either—
19 (i) require supplementary courses to
20 meet graduation requirements in the cur-
21 rent State of residence; or
22 (ii) otherwise demonstrate to the Sec-
23 retary a clear need to participate in the
24 DVHS program.
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1 (2) PREFERENCE IN SELECTION.—In selecting
2 participants in the pilot program, the Secretary shall
3 afford a preference to the following:
4 (A) Dependents who reside in a rural area.
5 (B) Dependents who are home-schooled
6 students.
7 (3) LIMITATIONS.—The total number of course
8 enrollments per academic year authorized under the
9 pilot program may not exceed 400 course enroll-
10 ments. No single dependent participating in the pilot
11 program may take more than two courses per aca-
12 demic year under the pilot program.
13 (c) REPORTS.—
14 (1) INTERIM REPORT.—Not later than two
15 years after the date of the enactment of this Act, the
16 Secretary shall submit to the Committees on Armed
17 Services of the Senate and the House of Representa-
18 tives an interim report on the pilot program.
19 (2) FINAL REPORT.—Not later than 180 days
20 after the completion of the pilot program, the Sec-
21 retary shall submit to the committees of Congress
22 referred to in paragraph (1) a final report on the
23 pilot programs.
24 (3) ELEMENTS.—Each report under this sub-
25 section shall include the following:
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1 (A) A description of the demographics of
2 the dependents participating in the pilot pro-
3 gram through the date of such report.
4 (B) Data on, and an assessment of, stu-
5 dent performance in virtual coursework by de-
6 pendents participating in the pilot program over
7 the duration of the pilot program.
8 (C) Such recommendation as the Secretary
9 considers appropriate on whether to make the
10 pilot program permanent.
11 (d) DEFINITIONS.—In this section:
12 (1) The term ‘‘rural area’’ has the meaning
13 given the term in section 520 of the Housing Act of
14 1949 (42 U.S.C. 1490).
15 (2) The term ‘‘home-schooled student’’ means a
16 student in a grade equivalent to grade 9 through 12
17 who receives educational instruction at home or by
18 other non-traditional means outside of a public or
19 private school system, either all or most of the time.
20 SEC. 566. PILOT PROGRAM ON EXPANSION OF ELIGIBILITY
21 FOR ENROLLMENT AT DOMESTIC DEPEND-
22 ENT ELEMENTARY AND SECONDARY
23 SCHOOLS.
24 (a) PILOT PROGRAM REQUIRED.—Beginning not
25 later than 180 days after the date of the enactment of
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1 this Act, the Secretary of Defense shall carry out a pilot
2 program under which a dependent of a full-time, active-
3 duty member of the Armed Forces may enroll in a covered
4 DODEA school at the military installation to which the
5 member is assigned, on a space-available basis as de-
6 scribed in subsection (c), without regard to whether the
7 member resides on the installation as described in
8 2164(a)(1) of title 10, United States Code.
9 (b) PURPOSES.—The purposes of the pilot program
10 under this section are—
11 (1) to evaluate the feasibility and advisability of
12 expanding enrollment in covered DODEA schools;
13 and
14 (2) to determine how increased access to such
15 schools will affect military and family readiness.
16 (c) ENROLLMENT ON SPACE-AVAILABLE BASIS.—A
17 student participating in the pilot program under this sec-
18 tion may be enrolled in a covered DODEA school only if
19 the school has the capacity to accept the student, as deter-
20 mined by the Director of the Department of Defense Edu-
21 cation Activity.
22 (d) LOCATIONS.—The Secretary of Defense shall
23 carry out the pilot program under this section at not more
24 than four military installations at which covered DODEA
25 schools are located. The Secretary shall select military in-
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1 stallations for participation in the pilot program based
2 on—
3 (1) the readiness needs of the Secretary of a
4 the military department concerned; and
5 (2) the capacity of the DODEA schools located
6 at the installation to accept additional students, as
7 determined by the Director of the Department of
8 Defense Education Activity.
9 (e) TERMINATION.—The authority to carry out the
10 pilot program under this section shall terminate four years
11 after the date of the enactment of this Act.
12 (f) COVERED DODEA SCHOOL DEFINED.—In this
13 section, the term ‘‘covered DODEA school’’ means a do-
14 mestic dependent elementary or secondary school operated
15 by the Department of Defense Education Activity that—
16 (1) has been established on or before the date
17 of the enactment of this Act; and
18 (2) is located in the continental United States.
19 SEC. 567. COMPTROLLER GENERAL OF THE UNITED
20 STATES REPORT ON THE STRUCTURAL CON-
21 DITION OF DEPARTMENT OF DEFENSE EDU-
22 CATION ACTIVITY SCHOOLS.
23 (a) REPORT REQUIRED.—Not later than one year
24 after the date of the enactment of this Act, the Comp-
25 troller General of the United States shall submit to the
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1 congressional defense committees a report setting forth an
2 assessment by the Comptroller General of the structural
3 condition of schools of the Department of Defense Edu-
4 cation Activity, both within the continental United States
5 (CONUS) and outside the continental United States
6 (OCONUS).
7 (b) VIRTUAL SCHOOLS.—The report shall include an
8 assessment of the virtual infrastructure or other means
9 by which students attend Department of Defense Edu-
10 cation Activity schools that have no physical structure, in-
11 cluding the satisfaction of the military families concerned
12 with such infrastructure or other means.
13 PART II—MILITARY FAMILY READINESS
14 MATTERS
15 SEC. 571. RESPONSIBILITY FOR ALLOCATION OF CERTAIN
16 FUNDS FOR MILITARY CHILD DEVELOPMENT
17 PROGRAMS.
18 Section 1791 of title 10, United States Code, is
19 amended—
20 (1) by inserting ‘‘(a) POLICY.—’’ before ‘‘It is
21 the policy’’; and
22 (2) by adding at the end the following new sub-
23 section:
24 ‘‘(b) RESPONSIBILITY FOR ALLOCATIONS OF CER-
25 TAIN FUNDS.—The Secretary of Defense shall be respon-
† S 4049 ES
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1 sible for the allocation of Office of the Secretary of De-
2 fense level funds for military child development programs
3 for children from birth through 12 years of age, and may
4 not delegate such responsibility to the military depart-
5 ments.’’.
6 SEC. 572. IMPROVEMENTS TO EXCEPTIONAL FAMILY MEM-
7 BER PROGRAM.
8 Section 1781c of title 10, United States Code is
9 amended—
10 (1) in subsection (b), by striking ‘‘enhance’’ and
11 inserting ‘‘standardize, enhance,’’;
12 (2) in subsection (c)(1), by inserting ‘‘and
13 standard’’ after ‘‘comprehensive’’;
14 (3) in subsection (d)—
15 (A) in paragraph (1), by striking ‘‘update
16 from time to time’’ and inserting ‘‘regularly up-
17 date’’;
18 (B) in paragraph (3), by adding at the end
19 the following new subparagraphs:
20 ‘‘(C) Ability to request a second review of
21 the approved assignment within or outside the
22 continental United States if the member be-
23 lieves the location is inappropriate for the mem-
24 ber’s family and would cause undue hardship.
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1 ‘‘(D) Protection from having a medical rec-
2 ommendation for an approved assignment
3 overriden by the commanding officer.
4 ‘‘(E) Ability to request continuation of lo-
5 cation when there is a documented substantial
6 risk of transferring medical care or educational
7 services to a new provider or school at the spe-
8 cific time of permanent change of station.
9 ‘‘(F) If an order for assignment is declined
10 for a military family with special needs, the
11 member will receive a reason for the decline of
12 that order.’’; and
13 (C) in paragraph (4), by adding at the end
14 the following new subparagraphs:
15 ‘‘(H) Procedures to right-size the Depart-
16 ment’s Exceptional Family Member Program to
17 ensure efficient and effective enrollment, for
18 sufficient staffing dedicated to providing family
19 support services, to include comprehensive
20 training, education and outreach services, and
21 sufficient oversight and administrative support
22 for effective program operation.
23 ‘‘(I) Requirements to prohibit
24 disenrollment from the Exceptional Family
25 Member Program unless there is new sup-
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353
1 porting medical or educational information that
2 indicates the original condition is no longer
3 present, and to track disenrollment data per
4 military service.’’;
5 (4) by redesignating subsections (f), (g), and
6 (h) as subsections (g), (h), and (i), respectively; and
7 (5) by inserting after subsection (e) the fol-
8 lowing new subsection:
9 ‘‘(f) METRICS.—The Secretary of Defense shall im-
10 plement performance metrics for measuring, across the
11 Department and with respect to each military department,
12 the following:
13 ‘‘(1) Assignment coordination and support for
14 military families with special needs, including a sys-
15 tematic process for evaluating each military depart-
16 ment’s program for the support of military families
17 with special needs.
18 ‘‘(2) The reassignment of military families with
19 special needs, including how often members request
20 reassignments, for what reasons, and from what
21 military installations.
22 ‘‘(3) The level of satisfaction of military fami-
23 lies with special needs with the family and medical
24 support they are provided.’’.
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1 SEC. 573. PROCEDURES OF THE OFFICE OF SPECIAL NEEDS
2 FOR THE DEVELOPMENT OF INDIVIDUALIZED
3 SERVICES PLANS FOR MILITARY FAMILIES
4 WITH SPECIAL NEEDS.
5 Section 1781c(d)(4) of title 10, United States Code,
6 as amended by section 572(3)(C) of this Act, is further
7 amended—
8 (1) in subparagraph (F), by striking ‘‘of an in-
9 dividualized services plan (medical and educational)’’
10 and inserting ‘‘by an appropriate office of an indi-
11 vidualized services plan (whether medical, edu-
12 cational, or both)’’;
13 (2) by redesignating subparagraphs (G), (H),
14 and (I) as subparagraph (H), (I), and (J), respec-
15 tively; and
16 (3) by inserting after subparagraph (F) the fol-
17 lowing new paragraph (G):
18 ‘‘(G) Procedures for the development of an indi-
19 vidualized services plan for military family members
20 with special needs who have requested family sup-
21 port services and have a completed family needs as-
22 sessment.’’.
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1 SEC. 574. RESTATEMENT AND CLARIFICATION OF AUTHOR-
2 ITY TO REIMBURSE MEMBERS FOR SPOUSE
3 RELICENSING COSTS PURSUANT TO A PER-
4 MANENT CHANGE OF STATION.
5 (a) IN GENERAL.—Section 453 of title 37, United
6 States Code, is amended by adding at the end the fol-
7 lowing new subsection:
8 ‘‘(g) REIMBURSEMENT OF QUALIFYING SPOUSE RE-
9 LICENSING COSTS INCIDENT TO A MEMBER’S PERMA-
10 NENT CHANGE OF STATION OR ASSIGNMENT.—(1) From
11 amounts otherwise made available for a fiscal year to pro-
12 vide travel and transportation allowances under this chap-
13 ter, the Secretary concerned may reimburse a member of
14 the armed forces for qualified relicensing costs of the
15 spouse of the member when—
16 ‘‘(A) the member is reassigned, either as a per-
17 manent change of station or permanent change of
18 assignment, between duty stations located in sepa-
19 rate jurisdictions with unique licensing or certifi-
20 cation requirements and authorities; and
21 ‘‘(B) the movement of the member’s dependents
22 is authorized at the expense of the United States
23 under this section as part of the reassignment.
24 ‘‘(2) Reimbursement provided to a member under
25 this subsection may not exceed $1000 in connection with
26 each reassignment described in paragraph (1).
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1 ‘‘(3) No reimbursement may be provided under this
2 subsection for qualified relicensing costs paid or incurred
3 after December 31, 2024.
4 ‘‘(4) In this subsection, the term ‘qualified relicensing
5 costs’ means costs, including exam, continuing education
6 courses, and registration fees, incurred by the spouse of
7 a member if—
8 ‘‘(A) the spouse was licensed or certified in a
9 profession during the member’s previous duty as-
10 signment and requires a new license or certification
11 to engage in that profession in a new jurisdiction be-
12 cause of movement described in paragraph (1)(B) in
13 connection with the member’s change in duty loca-
14 tion pursuant to reassignment described in para-
15 graph (1)(A); and
16 ‘‘(B) the costs were incurred or paid to secure
17 or maintain the license or certification from the new
18 jurisdiction in connection with such reassignment.’’.
19 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section
20 476 of such title is amended by striking subsection (p).
21 SEC. 575. IMPROVEMENTS TO DEPARTMENT OF DEFENSE
22 TRACKING OF AND RESPONSE TO INCIDENTS
23 OF CHILD ABUSE INVOLVING MILITARY DE-
24 PENDENTS ON MILITARY INSTALLATIONS.
25 (a) IMPROVEMENTS REQUIRED.—
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1 (1) IN GENERAL.—The Secretary of Defense
2 shall, consistent with recommendations of the Comp-
3 troller General of the United States in Government
4 Accountability Office report GA0–20–110, take ac-
5 tions in accordance with this section in order to im-
6 prove the efforts of the Department of Defense to
7 track and respond to incidents of child abuse involv-
8 ing dependents of members of the Armed Forces
9 that occur on military installations (in this section
10 referred to as ‘‘covered incidents of child abuse’’).
11 (2) CHILD ABUSE.—For purposes of this sec-
12 tion, child abuse includes any abuse of a child, in-
13 cluding sexual abuse, emotional abuse, and neglect.
14 (b) DATA COLLECTION AND TRACKING OF INCI-
15 DENTS OF CHILD ABUSE.—
16 (1) TRACKING OF NON-CAREGIVER ABUSE.—
17 The Secretary of Defense shall establish a process
18 for the Department of Defense Family Advocacy
19 Program to track reported covered incidents of child
20 abuse in which the alleged offender is not a parent,
21 guardian, or someone in a caregiving role at the
22 time of the incident. The information so tracked
23 shall comport with the information tracked by the
24 Department of Defense in reported covered incidents
25 of child abuse in which the alleged offender is a par-
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1 ent, guardian, or someone in a caregiving role at the
2 time of the incident.
3 (2) CENTRALIZED DATABASE FOR TRACKING OF
4 INCIDENTS.—
5 (A) IN GENERAL.—The Secretary shall de-
6 velop and maintain in the Department of De-
7 fense a centralized database to track informa-
8 tion across the Department on all covered inci-
9 dents of child abuse that are reported to the
10 Family Advocacy Program or investigated by a
11 military criminal investigation organization, re-
12 gardless of whether the alleged offender was an-
13 other child, an adult, or someone in a non-
14 caregiving role at the time of an incident.
15 (B) ELEMENTS.—The centralized database
16 required by this paragraph shall include, for
17 each incident within the database, the following:
18 (i) Information pertinent to a deter-
19 mination by the Family Advocacy Program
20 whether such incident meets the criteria of
21 the Department for treatment as an inci-
22 dent of child abuse.
23 (ii) The results of any investigation of
24 such incident by a military criminal inves-
25 tigation organization.
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1 (iii) Information on the ultimate dis-
2 position of the incident, if any, including
3 any administrative or prosecutorial action
4 taken.
5 (C) ANNUAL REPORTS ON INFORMA-
6 TION.—The information collected and main-
7 tained in the centralized database shall be re-
8 ported on an annual basis as part of the annual
9 reports from the Family Advocacy Program on
10 child abuse and domestic abuse in the military
11 as required by section 574 of the National De-
12 fense Authorization Act for Fiscal Year 2017
13 (Public Law 114–328; 130 Stat. 2141).
14 (D) BRIEFINGS.—Not later than March
15 31, 2021, and every six months thereafter until
16 the centralized database required by this para-
17 graph is fully operational, the Secretary shall
18 brief the Committees on Armed Services of the
19 Senate and the House of Representatives on the
20 status of the database.
21 (3) DEPARTMENT OF DEFENSE EDUCATION AC-
22 TIVITY GUIDANCE.—The Department of Defense
23 Education Activity (DoDEA) shall issue clarifica-
24 tions of its guidance on the incidents of child-on-
25 child abuse that qualify as serious incidents for pur-
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1 poses of requirements for the reporting of such seri-
2 ous incidents by school administrators to Activity
3 leadership.
4 (c) RESPONSE PROCEDURES.—
5 (1) INCIDENT DETERMINATION COMMITTEE
6 MEMBERSHIP.—The Department of Defense Family
7 Advocacy Program shall ensure that the voting
8 membership of each Incident Determination Com-
9 mittee on a military installation includes medical
10 personnel with the requisite knowledge and expertise
11 to determine whether a reported covered incident of
12 abuse meets the criteria of the Department of De-
13 fense for treatment as child abuse.
14 (2) SCREENING REPORTED INCIDENTS OF
15 CHILD ABUSE.—
16 (A) DEVELOPMENT OF STANDARDIZED
17 PROCESS.—The Department of Defense Family
18 Advocacy Program shall develop a standardized
19 process by which the Family Advocacy Pro-
20 grams of the military departments screen re-
21 ported covered incidents of child abuse to deter-
22 mine whether to present such incident to an In-
23 cident Determination Committee.
24 (B) MONITORING.—The Secretary of each
25 military department shall develop a process to
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1 monitor the manner in which reported covered
2 incidents of child abuse are screened by each in-
3 stallation under the jurisdiction of such Sec-
4 retary in order to ensure that such screening
5 complies with the standardized screening proc-
6 ess developed pursuant to subparagraph (A).
7 (3) REQUIRED NOTIFICATIONS.—
8 (A) DOCUMENTATION.—The Secretary of
9 each military department shall require that in-
10 stallation Family Advocacy Programs and mili-
11 tary criminal investigation organizations under
12 the jurisdiction of such Secretary document in
13 their respective databases the date on which
14 they notified the other of a reported covered in-
15 cident of child abuse.
16 (B) OVERSIGHT.—The Secretary of each
17 military department shall require that the Fam-
18 ily Advocacy Program of such military depart-
19 ment, and the headquarters of the military
20 criminal investigation organizations of such
21 military department, to develop processes to
22 oversee the documentation of notifications re-
23 quired by subparagraph (A) in order to ensure
24 that such notifications occur on a consistent
25 basis at installation level.
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1 (4) CERTIFIED PEDIATRIC SEXUAL ASSAULT
2 FORENSIC EXAMINERS.—
3 (A) GEOGRAPHIC REGIONS FOR EXAM-
4 INERS.—The Under Secretary of Defense for
5 Personnel and Readiness shall specify geo-
6 graphic regions in which military families reside
7 for purposes of the availability of and access to
8 certified pediatric sexual assault examiners in
9 such regions.
10 (B) AVAILABILITY.—The Under Secretary
11 shall ensure that—
12 (i) one or more certified pediatric sex-
13 ual assault examiners are located in each
14 geographic region specified pursuant to
15 subparagraph (A); and
16 (ii) examiners so located serve as cer-
17 tified pediatric sexual assault examiners
18 throughout such region, without regard to
19 Armed Force or installation.
20 (5) REMOVAL OF CHILDREN FROM UNSAFE
21 HOMES OVERSEAS.—The Secretary of Defense shall,
22 in consultation with the Secretaries of the military
23 departments, issue policy that clarifies and stand-
24 ardizes across the Armed Forces the circumstances
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1 under which a commander may remove a child from
2 a potentially unsafe home at an installation overseas.
3 (6) RESOURCE GUIDE FOR FAMILIES AFFECTED
4 BY CHILD ABUSE.—
5 (A) IN GENERAL.—The Secretary of each
6 military department shall develop and maintain
7 a comprehensive guide on resources available
8 through the Department of Defense and such
9 military department for military families under
10 this jurisdiction of such Secretary who are af-
11 fected by child abuse.
12 (B) ELEMENTS.—Each guide under this
13 paragraph shall include the following:
14 (i) Information on the response proc-
15 esses of the Family Advocacy Programs
16 and military criminal investigation organi-
17 zations of the military department con-
18 cerned.
19 (ii) Lists of available support services,
20 such as legal, medical, and victim advocacy
21 services, through the Department of De-
22 fense and the military department con-
23 cerned.
24 (C) DISTRIBUTION.—A resource guide
25 under this paragraph shall be presented to a
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364
1 military family by an installation Family Advo-
2 cacy Program and military criminal investiga-
3 tion personnel at the time a covered incident of
4 child abuse involving a child in such family is
5 reported.
6 (D) AVAILABILITY ON INTERNET.—A cur-
7 rent version of each resource guide under this
8 paragraph shall be available to the public on an
9 Internet website of the military department
10 concerned available to the public.
11 (d) COORDINATION AND COLLABORATION WITH
12 NON-MILITARY RESOURCES.—
13 (1) COORDINATION WITH STATES.—The Sec-
14 retary of Defense shall—
15 (A) continue the outreach efforts of the
16 Department of Defense to the States in order
17 to ensure that States are notified when a mem-
18 ber of the Armed Forces or a military depend-
19 ent is involved in a reported incident of child
20 abuse off a military installation; and
21 (B) increase efforts at information sharing
22 between the Department and the States on such
23 incidents of child abuse, including entry into
24 memoranda of understanding with State child
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1 welfare agencies on information sharing in con-
2 nection with such incidents.
3 (2) COLLABORATION WITH NATIONAL CHIL-
4 DREN’S ALLIANCE.—
5 (A) MEMORANDA OF UNDERSTANDING.—
6 The Secretary of each military department shall
7 seek to enter into a memorandum of under-
8 standing with the National Children’s Alliance
9 under which—
10 (i) the children’s advocacy center serv-
11 ices of the Alliance are available to all in-
12 stallations in the continental United States
13 under the jurisdiction of such Secretary;
14 and
15 (ii) members of the Armed Forces
16 under the jurisdiction of such Secretary
17 are made aware of the nature and avail-
18 ability of such services.
19 (B) PARTICIPATION OF CERTAIN ENTI-
20 TIES.—Each memorandum of understanding
21 under this paragraph shall provide for the ap-
22 propriate participation of the Family Advocacy
23 Program and military criminal investigation or-
24 ganizations of the military department con-
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1 cerned in activities under such memorandum of
2 understanding.
3 (C) BRIEFING.—Not later than one year
4 after the date of the enactment of this Act, the
5 Secretary of each military department shall pro-
6 vide to the Committees on Armed Services of
7 the Senate and the House of Representatives a
8 briefing on the status of the development of a
9 memorandum of understanding with the Na-
10 tional Children’s Alliance under this paragraph,
11 together with information on which installa-
12 tions, if any, under the jurisdiction of such Sec-
13 retary have entered into a written agreement
14 with a local children’s advocacy center with re-
15 spect to child abuse on such installations.
16 SEC. 576. MILITARY CHILD CARE AND CHILD DEVELOP-
17 MENT CENTER MATTERS.
18 (a) CENTER FEES MATTERS.—Section 1793 of title
19 10, United States Code, is amended by adding at the end
20 the following new subsections:
21 ‘‘(c) LIBERAL ISSUANCE OF HARDSHIP WAIVERS.—
22 The regulations prescribed pursuant to subsection (a)
23 shall require that installation commanders issue waivers
24 of fees otherwise established under the regulations for in-
25 ability to pay (commonly referred to as ‘hardship waivers’)
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1 on a liberal basis in a manner consistent (as specified by
2 the Secretary in such regulations) with ensuring that fees
3 collected pursuant to subsection (a) meet the operating ex-
4 penses of the child development centers concerned.
5 ‘‘(d) FAMILY DISCOUNT.—In the case of a family
6 with two or more children attending a child development
7 center, the regulations prescribed pursuant to subsection
8 (a) shall require that installations commanders charge a
9 fee for attendance at the center of any child of the family
10 after the first child of the family in amount equal to 85
11 percent of the amount of the fee otherwise chargeable for
12 the attendance of such child at the center.’’.
13 (b) CHILD CARE FEE ASSISTANCE PROGRAMS
14 THROUGHOUT THE ARMED FORCES.—
15 (1) PROGRAMS AUTHORIZED.—Each Secretary
16 of a military department may carry out a program
17 for each Armed Force under the jurisdiction of such
18 Secretary under which a member of the Armed
19 Forces who is obtaining child care services from a
20 civilian child care services provider located off a mili-
21 tary installation is paid (subject to any limitation es-
22 tablished by such Secretary) a monthly amount
23 equal to the amount, if any, by which—
24 (A) the monthly amount charged by such
25 provider for such services; exceeds
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1 (B) the monthly amount the military de-
2 partment concerned pays or otherwise provides
3 members at such installation for child care serv-
4 ices on such installation.
5 (2) MODEL.—Any program carried out pursu-
6 ant to paragraph (1) shall be modeled after the
7 Army Fee Assistance Program, and incorporate such
8 modifications to that Program as the Secretary of
9 the military department concerned considers appro-
10 priate.
11 (3) SECRETARY OF DEFENSE APPROVAL.—Any
12 program of an Armed Force under paragraph (1)
13 shall be subject to the approval of the Secretary of
14 Defense.
15 (c) ADDITIONAL ACTIONS TO OBTAIN QUALIFIED
16 CHILD CARE EMPLOYEES.—
17 (1) IN GENERAL.—Section 1792 of title 10,
18 United States Code, is amended—
19 (A) by redesignating subsection (d) as sub-
20 section (e); and
21 (B) by inserting after subsection (c) the
22 following new subsection (d):
23 ‘‘(d) ADDITIONAL ACTIONS TO OBTAIN QUALIFIED
24 EMPLOYEES.—Each Secretary of a military department
25 may, with the approval of the Secretary of Defense, take
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1 actions in addition to actions authorized by subsection (c)
2 to provide military child development centers under the
3 jurisdiction of such Secretary with a qualified and stable
4 civilian workforce, including actions as follows:
5 ‘‘(1) Enhanced marketing and recruitment for
6 employment.
7 ‘‘(2) Provision to employees of education-related
8 benefits, including tuition assistance and student
9 loan repayment programs.
10 ‘‘(3) Availability and enhancement of wellness
11 and physical fitness programs for employees.
12 ‘‘(4) Provision of such other competitive bene-
13 fits as the Secretary of the military department and
14 the Secretary of Defense jointly consider appro-
15 priate.’’.
16 (2) REPORTS ON INSTALLATIONS WITH EX-
17 TREME IMBALANCE BETWEEN DEMAND FOR AND
18 AVAILABILITY OF CHILD CARE.—Not later than one
19 year after the date of the enactment of this Act,
20 each Secretary of a military department shall submit
21 to Congress a report on the military installations
22 under the jurisdiction of such Secretary with an ex-
23 treme imbalance between demand for child care and
24 availability of child care. Each report shall include,
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1 for the military department covered by such report,
2 the following:
3 (A) The name of the five installations of
4 the military department experiencing the most
5 extreme imbalance between demand for child
6 care and availability of child care.
7 (B) For each installation named pursuant
8 to subparagraph (A), the following:
9 (i) An assessment whether civilian em-
10 ployees at child development centers at
11 such installation have rates of pay and
12 benefits that are competitive with other ci-
13 vilian employees on such installation and
14 with the civilian labor pool in the vicinity
15 of such installation.
16 (ii) A description and assessment of
17 various incentives to encourage military
18 spouses to become providers under the
19 Family Child Care program at such instal-
20 lation.
21 (iii) Such recommendations at the
22 Secretary of the military department con-
23 cerned considers appropriate to address
24 the imbalance between demand for child
25 care and availability of child care at such
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1 installation, including recommendations to
2 enhance the competitiveness of civilian
3 child care positions at such installation
4 with other civilian positions at such instal-
5 lation and the civilian labor pool in the vi-
6 cinity of such installation.
7 SEC. 577. EXPANSION OF FINANCIAL ASSISTANCE UNDER
8 MY CAREER ADVANCEMENT ACCOUNT PRO-
9 GRAM.
10 Section 580F of the National Defense Authorization
11 Act for Fiscal Year 2020 (Public Law 116–92) is amend-
12 ed—
13 (1) by inserting ‘‘(a) PROFESSIONAL LICENSE
14 OR CERTIFICATION; ASSOCIATE’S DEGREE.—’’ be-
15 fore ‘‘The Secretary’’;
16 (2) by inserting ‘‘or maintenance (including
17 continuing education courses)’’ after ‘‘pursuit’’; and
18 (3) by adding at the end the following new sub-
19 section:
20 ‘‘(b) NATIONAL TESTING.—Financial assistance
21 under subsection (a) may be applied to the costs of na-
22 tional tests that may earn a participating military spouse
23 course credits required for a degree approved under the
24 program (including the College Level Examination Pro-
25 gram tests).’’.
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1 Subtitle H—Other Matters
2 SEC. 586. REMOVAL OF PERSONALLY IDENTIFYING AND
3 OTHER INFORMATION OF CERTAIN PERSONS
4 FROM INVESTIGATIVE REPORTS, THE DE-
5 PARTMENT OF DEFENSE CENTRAL INDEX OF
6 INVESTIGATIONS, AND OTHER RECORDS AND
7 DATABASES.
8 (a) POLICY AND PROCESS REQUIRED.—Not later
9 than October 1, 2021, the Secretary of Defense shall es-
10 tablish and maintain a policy and process through which
11 any covered person may request that the person’s name,
12 personally identifying information, and other information
13 pertaining to the person shall, in accordance with sub-
14 section (c), be corrected in, or expunged or otherwise re-
15 moved from, the following:
16 (1) A law enforcement or criminal investigative
17 report of the Department of Defense or any compo-
18 nent of the Department.
19 (2) An index item or entry in the Department
20 of Defense Central Index of Investigations (DCII).
21 (3) Any other record maintained in connection
22 with a report described in paragraph (1), or an
23 index item or entry described in paragraph (2), in
24 any system of records, records database, records
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1 center, or repository maintained by or on behalf of
2 the Department.
3 (b) COVERED PERSONS.—For purposes of this sec-
4 tion, a covered person is any person whose name was
5 placed or reported, or is maintained—
6 (1) in the subject or title block of a law enforce-
7 ment or criminal investigative report of the Depart-
8 ment of Defense (or any component of the Depart-
9 ment);
10 (2) as an item or entry in the Department of
11 Defense Central Index of Investigations; or
12 (3) in any other record maintained in connec-
13 tion with a report described in paragraph (1), or an
14 index item or entry described in paragraph (2), in
15 any system of records, records database, records
16 center, or repository maintained by or on behalf of
17 the Department.
18 (c) ELEMENTS.—The policy and process required by
19 subsection (a) shall include the following elements:
20 (1) BASIS FOR CORRECTION OR
21 EXPUNGEMENT.—That the name, personally identi-
22 fying information, and other information of a cov-
23 ered person shall be corrected in, or expunged or
24 otherwise removed from, a report, item or entry, or
† S 4049 ES
374
1 record described in paragraphs (1) through (3) of
2 subsection (a) in the following circumstances:
3 (A) Probable cause did not or does not
4 exist to believe that the offense for which the
5 person’s name was placed or reported, or is
6 maintained, in such report, item or entry, or
7 record occurred, or insufficient evidence existed
8 or exists to determine whether or not such of-
9 fense occurred.
10 (B) Probable cause did not or does not
11 exist to believe that the person actually com-
12 mitted the offense for which the person’s name
13 was so placed or reported, or is so maintained,
14 or insufficient evidence existed or exists to de-
15 termine whether or not the person actually com-
16 mitted such offense.
17 (C) Such other circumstances, or on such
18 other bases, as the Secretary may specify in es-
19 tablishing the policy and process, which cir-
20 cumstances and bases may not be inconsistent
21 with the circumstances and bases provided by
22 subparagraphs (A) and (B).
23 (2) CONSIDERATIONS.—While not dispositive as
24 to the existence of a circumstance or basis set forth
25 in paragraph (1), the following shall be considered
† S 4049 ES
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1 in the determination whether such circumstance or
2 basis applies to a covered person for purposes of this
3 section:
4 (A) The extent or lack of corroborating
5 evidence against the covered person concerned
6 with respect to the offense at issue.
7 (B) Whether adverse administrative, dis-
8 ciplinary, judicial, or other such action was ini-
9 tiated against the covered person for the offense
10 at issue.
11 (C) The type, nature, and outcome of any
12 action described in subparagraph (B) against
13 the covered person.
14 (3) PROCEDURES.—The policy and process re-
15 quired by subsection (a) shall include procedures as
16 follows:
17 (A) Procedures under which a covered per-
18 son may appeal a determination of the applica-
19 ble component of the Department of Defense
20 denying, whether in whole or in part, a request
21 for purposes of subsection (a).
22 (B) Procedures under which the applicable
23 component of the Department will correct, ex-
24 punge or remove, take other appropriate action
25 on, or assist a covered person in so doing, any
† S 4049 ES
376
1 record maintained by a person, organization, or
2 entity outside of the Department to which such
3 component provided, submitted, or transmitted
4 information about the covered person, which in-
5 formation has or will be corrected in, or ex-
6 punged or removed from, Department records
7 pursuant to this section.
8 (C) The timeline pursuant to which the
9 Department, or a component of the Depart-
10 ment, as applicable, will respond to each of the
11 following:
12 (i) A request pursuant to subsection
13 (a).
14 (ii) An appeal under the procedures
15 required by subparagraph (A).
16 (iii) A request for assistance under
17 the procedures required by subparagraph
18 (B).
19 (D) Mechanisms through which the De-
20 partment will keep a covered person apprised of
21 the progress of the Department on a covered
22 person’s request or appeal as described in sub-
23 paragraph (C).
24 (d) APPLICABILITY.—The policy and process re-
25 quired to be developed by the Secretary under subsection
† S 4049 ES
377
1 (a) shall not be subject to the notice and comment rule-
2 making requirements under section 553 of title 5, United
3 States Code.
4 (e) REPORT.—Not later than October 1, 2021, the
5 Secretary shall submit to the Committees on Armed Serv-
6 ices of the Senate and the House of Representatives a re-
7 port on the actions taken to carry out this section, includ-
8 ing a comprehensive description of the policy and process
9 developed and implemented by the Secretary under sub-
10 section (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
20 Active Duty and the Armed Forces Workplace and Gender
21 Relations Survey of the Reserve Components shall each
22 be conducted once every two years. The surveys may be
23 conducted within the same year or in two separate years,
24 and shall be conducted in a manner designed to reduce
25 the burden of the surveys on members of the armed forces.
† S 4049 ES
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1 ‘‘(2) The two Armed Forces Workplace and Equal
2 Opportunity 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
6 on 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 de-
9 termines that conducting such survey is not practicable
10 due to a war or national emergency declared by the Presi-
11 dent 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 deter-
16 mines 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 deter-
20 mination.’’.
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:
† S 4049 ES
379
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
7 assessment postponed under subparagraph (A) is con-
8 ducted as soon as practicable after the end of the period
9 of war or national emergency concerned, or earlier if the
10 Secretary determines appropriate.
11 ‘‘(C) The Secretary of Defense shall notify Congress
12 of a determination under subparagraph (A) not later than
13 30 days after the date on which the Secretary makes such
14 determination.’’.
15 (2) UNITED STATES NAVAL ACADEMY.—Section
16 8480(c) of such title is amended by adding at the
17 end 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
24 assessment postponed under subparagraph (A) is con-
25 ducted as soon as practicable after the end of the period
† S 4049 ES
380
1 of war or national emergency concerned, or earlier if the
2 Secretary determines appropriate.
3 ‘‘(C) The Secretary of Defense shall notify Congress
4 of a determination under subparagraph (A) not later than
5 30 days after the date on which the Secretary makes such
6 determination.’’.
7 (3) UNITED STATES AIR FORCE ACADEMY.—
8 Section 9461(c) of such title is amended by adding
9 at the 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
16 assessment postponed under subparagraph (A) is con-
17 ducted as soon as practicable after the end of the period
18 of war or national emergency concerned, or earlier if the
19 Secretary determines appropriate.
20 ‘‘(C) The Secretary of Defense shall notify Congress
21 of a determination under subparagraph (A) not later than
22 30 days after the date on which the Secretary makes such
23 determination.’’.
24 (c) DEPARTMENT OF DEFENSE CIVILIAN EMPLOY-
25 EES.—Section 481a of title 10, United States Code, is
† S 4049 ES
381
1 amended by adding at the end the following new sub-
2 section:
3 ‘‘(d) POSTPONEMENT.—(1) The Secretary of Defense
4 may postpone the conduct of a survey under this section
5 if the Secretary determines that conducting such survey
6 is not practicable due to a war or national emergency de-
7 clared by the President or Congress.
8 ‘‘(2) The Secretary shall ensure that a survey post-
9 poned under paragraph (1) is conducted as soon as prac-
10 ticable after the end of the period of war or national emer-
11 gency concerned, or earlier if the Secretary determines ap-
12 propriate.
13 ‘‘(3) The Secretary shall notify Congress of a deter-
14 mination under paragraph (1) not later than 30 days after
15 the date on which the Secretary makes such determina-
16 tion.’’.
17 SEC. 588. SUNSET AND TRANSFER OF FUNCTIONS OF THE
18 PHYSICAL DISABILITY BOARD OF REVIEW.
19 Section 1554a of title 10, United States Code, is
20 amended by adding at the end the following new sub-
21 section:
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.
† S 4049 ES
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1 ‘‘(2) If the Secretary sunsets the Physical Disability
2 Board of Review under paragraph (1), the Secretary shall
3 transfer any remaining requests for review pending at that
4 time, and shall assign any new requests for review under
5 this section, to a board for the correction of military
6 records operated by the Secretary concerned under section
7 1552 of this title..
8 ‘‘(3) Subsection (c)(4) shall not apply with respect
9 to any review conducted by a board for the correction of
10 military records under paragraph (2).’’.
11 SEC. 589. EXTENSION OF REPORTING DEADLINE FOR THE
12 ANNUAL REPORT ON THE ASSESSMENT OF
13 THE EFFECTIVENESS OF ACTIVITIES OF THE
14 FEDERAL VOTING ASSISTANCE PROGRAM.
15 (a) ELIMINATION OF REPORTS FOR NON-ELECTION
16 YEARS.—Section 105A(b) of the Uniformed and Overseas
17 Citizens Absentee Voting Act (52 U.S.C. 20308(b)) is
18 amended, in the matter preceding paragraph (1)—
19 (1) by striking ‘‘March 31 of each year’’ and in-
20 serting ‘‘September 30 of each odd-numbered year’’;
21 and
22 (2) by striking ‘‘the following information’’ and
23 inserting ‘‘the following information with respect to
24 the Federal elections held during the preceding cal-
25 endar year’’.
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383
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
22 State remotely provides State governments and National
23 Guards of other States (whether or not in the same Armed
24 Force as the providing National Guard) with cybersecurity
25 technical assistance in training, preparation, and response
† S 4049 ES
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1 to cyber incidents. If such Secretary elects to conduct such
2 a pilot program, such Secretary shall be known as an ‘‘ad-
3 ministering Secretary’’ for purposes of this section, and
4 any reference in this section to ‘‘the pilot program’’ shall
5 be treated as a reference to the pilot program conducted
6 by such Secretary.
7 (b) ASSESSMENT PRIOR TO COMMENCEMENT.—For
8 purposes of evaluating existing platforms, technologies,
9 and capabilities under subsection (c), and for establishing
10 eligibility and participation requirements under subsection
11 (d), for purposes of the pilot program, an administering
12 Secretary, in consultation with the Chief of the National
13 Guard Bureau, shall, prior to commencing the pilot pro-
14 gram—
15 (1) conduct an assessment of—
16 (A) existing cyber response capacities of
17 the Army National Guard or Air National
18 Guard, as applicable, in each State; and
19 (B) any existing platform, technology, or
20 capability of a National Guard that provides the
21 capability described in subsection (a); and
22 (2) determine whether a platform, technology,
23 or capability described in paragraph (1)(B) is suit-
24 able for expansion for purposes of the pilot program.
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385
1 (c) ELEMENTS.—A pilot program under subsection
2 (a) shall include the following:
3 (1) A technical capability that enables the Na-
4 tional Guard of a State to remotely provide cyberse-
5 curity technical assistance to State governments and
6 National Guards of other States, without the need to
7 deploy outside its home State.
8 (2) Policies, processes, procedures, and authori-
9 ties for use of such a capability, including with re-
10 spect to the following:
11 (A) The roles and responsibilities of both
12 requesting and deploying State governments
13 and National Guards with respect to such tech-
14 nical assistance, taking into account the mat-
15 ters specified in subsection (f).
16 (B) Necessary updates to the Defense
17 Cyber Incident Coordinating Procedure, or any
18 other applicable Department of Defense instruc-
19 tion, for purposes of implementing the capa-
20 bility.
21 (C) Program management and governance
22 structures for deployment and maintenance of
23 the capability.
† S 4049 ES
386
1 (D) Security when performing remote sup-
2 port, including such in matters such as authen-
3 tication and remote sensing.
4 (3) The conduct, in coordination with the Chief
5 of the National Guard Bureau and the Secretary of
6 Homeland Security and in consultation with the Di-
7 rector of the Federal Bureau of Investigation, other
8 Federal agencies, and appropriate non-Federal enti-
9 ties, of at least one exercise to demonstrate the ca-
10 pability, which exercise shall include the following:
11 (A) Participation of not fewer than two
12 State governments and their National Guards.
13 (B) Circumstances designed to test and
14 validate the policies, processes, procedures, and
15 authorities developed pursuant to paragraph
16 (2).
17 (C) An after action review of the exercise.
18 (d) USE OF EXISTING TECHNOLOGY.—An admin-
19 istering Secretary may use an existing platform, tech-
20 nology, or capability to provide the capability described in
21 subsection (a) under the pilot program.
22 (e) ELIGIBILITY AND PARTICIPATION REQUIRE-
23 MENTS.—An administering Secretary shall, in consulta-
24 tion with the Chief of the National Guard Bureau, estab-
25 lish requirements with respect to eligibility and participa-
† S 4049 ES
387
1 tion of State governments and their National Guards in
2 the pilot program.
3 (f) CONSTRUCTION WITH CERTAIN CURRENT AU-
4 THORITIES.—
5 (1) COMMAND AUTHORITIES.—Nothing in a
6 pilot program under subsection (a) may be construed
7 as affecting or altering the command authorities
8 otherwise applicable to any unit of the National
9 Guard unit participating in the pilot program.
10 (2) EMERGENCY MANAGEMENT ASSISTANCE
11 COMPACT.—Nothing in a pilot program may be con-
12 strued as affecting or altering any current agree-
13 ment under the Emergency Management Assistance
14 Compact, or any other State agreements, or as de-
15 terminative of the future content of any such agree-
16 ment.
17 (g) EVALUATION METRICS.—An administering Sec-
18 retary shall, in consultation with the Chief of the National
19 Guard Bureau and the Secretary of Homeland Security,
20 establish metrics to evaluate the effectiveness of the pilot
21 program.
22 (h) TERM.—A pilot program under subsection (a)
23 shall terminate on the date that is three years after the
24 date of the commencement of the pilot program.
25 (i) REPORTS.—
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388
1 (1) INITIAL REPORT.—Not later than 180 days
2 after the date of the commencement of the pilot pro-
3 gram, the administering Secretary shall submit to
4 the appropriate committees of Congress a report set-
5 ting forth a description of the pilot program and
6 such other matters in connection with the pilot pro-
7 gram as the Secretary considers appropriate.
8 (2) FINAL REPORT.—Not later than 180 days
9 after the termination of the pilot program, the ad-
10 ministering Secretary shall submit to the appro-
11 priate committees of Congress a report on the pilot
12 program. The report shall include the following:
13 (A) A description of the pilot program, in-
14 cluding any partnerships entered into by the
15 Chief of the National Guard Bureau under the
16 pilot program.
17 (B) A summary of the assessment per-
18 formed prior to the commencement of the pilot
19 program in accordance with subsection (b).
20 (C) A summary of the evaluation metrics
21 established in accordance with subsection (g).
22 (D) An assessment of the effectiveness of
23 the pilot program, and of the capability de-
24 scribed in subsection (a) under the pilot pro-
25 gram.
† S 4049 ES
389
1 (E) A description of costs associated with
2 the implementation and conduct of the pilot
3 program.
4 (F) A recommendation as to the termi-
5 nation or extension of the pilot program, or the
6 making of the pilot program permanent with an
7 expansion nationwide.
8 (G) An estimate of the costs of making the
9 pilot program permanent and expanding it na-
10 tionwide in accordance with the recommenda-
11 tion in subparagraph (F).
12 (H) Such recommendations for legislative
13 or administrative action as the Secretary con-
14 siders appropriate in light of the pilot program.
15 (3) APPROPRIATE COMMITTEES OF CONGRESS
16 DEFINED.—In this subsection, the term ‘‘appro-
17 priate committees of Congress’’ means—
18 (A) the Committee on Armed Services and
19 the Committee on Homeland Security and Gov-
20 ernmental Affairs of the Senate; and
21 (B) the Committee on Armed Services and
22 the Committee on Homeland Security of the
23 House of Representatives.
24 (j) STATE DEFINED.—In this section, the term
25 ‘‘State’’ means each of the several States, the District of
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1 Columbia, the Commonwealth of Puerto Rico, American
2 Samoa, Guam, the United States Virgin Islands, and the
3 Commonwealth of the Northern Mariana Islands.
4 SEC. 591. PLAN ON PERFORMANCE OF FUNERAL HONORS
5 DETAILS BY MEMBERS OF OTHER ARMED
6 FORCES WHEN MEMBERS OF THE ARMED
7 FORCE OF THE DECEASED ARE UNAVAIL-
8 ABLE.
9 (a) BRIEFING ON PLAN.—
10 (1) IN GENERAL.—Not later than 180 days
11 after the date of the enactment of this Act, the Sec-
12 retary of Defense shall provide a briefing to the
13 Committees on Armed Services of the Senate and
14 the House of Representatives setting forth a plan for
15 the performance of a funeral honors detail at the fu-
16 neral of a deceased member of the Armed Forces by
17 one or more members of the Armed Forces from an
18 Armed Force other than that of the deceased
19 when—
20 (A) members of the Armed Force of the
21 deceased are unavailable for the performance of
22 the detail; and
23 (B) the performance of the detail by mem-
24 bers of other Armed Forces is requested by the
25 family of the deceased.
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1 (2) REPEAL OF REQUIREMENT FOR ONE MEM-
2 BER OF ARMED FORCE OF DECEASED IN DETAIL.—
3 Section 1491(b)(2) of title 10, United States Code,
4 is amended in the first sentence by striking ‘‘, at
5 least one of whom shall be a member of the armed
6 force of which the veteran was a member’’.
7 (3) PERFORMANCE.—The plan required by
8 paragraph (1) shall authorize the performance of fu-
9 neral honors details by members of the Army Na-
10 tional Guard and the Air National Guard under sec-
11 tion 115 of title 32, United States Code, and may
12 authorize the remainder of such details to consist of
13 members of veterans organizations or other organi-
14 zations approved for purposes of section 1491 of
15 title 10, United States Code, as provided for by sub-
16 section (b)(2) of such section 1491.
17 (b) ELEMENTS.—The briefing under subsection (a)
18 shall include a description in detail the authorities and re-
19 quirements for the implementation of the plan, including
20 administrative, logistical, coordination, and funding au-
21 thorities and requirements.
22 SEC. 592. LIMITATION ON IMPLEMENTATION OF ARMY
23 COMBAT FITNESS TEST.
24 The Secretary of the Army may not implement the
25 Army Combat Fitness Test until the Secretary receives
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1 results of a study, conducted for purposes of this section
2 by an entity independent of the Department of Defense,
3 on the following:
4 (1) The extent, if any, to which the test would
5 adversely impact members of the Army stationed or
6 deployed to climates or areas with conditions that
7 make prohibitive the conduct of outdoor physical
8 training on a frequent or sustained basis.
9 (2) The extent, if any, to which the test would
10 affect recruitment and retention in critical support
11 military occupational specialties (MOS) of the Army,
12 such as medical personnel.
13 SEC. 593. REPORT ON IMPACT OF CHILDREN OF CERTAIN
14 FILIPINO WORLD WAR II VETERANS ON NA-
15 TIONAL SECURITY, FOREIGN POLICY, AND
16 ECONOMIC AND HUMANITARIAN INTERESTS
17 OF THE UNITED STATES.
18 (a) IN GENERAL.—Not later than December 31,
19 2020, the Secretary of Homeland Security, in consultation
20 with the Secretary of Defense and the Secretary of State,
21 shall submit to the congressional defense committees a re-
22 port on the impact of the children of certain Filipino
23 World War II veterans on the national security, foreign
24 policy, and economic and humanitarian interests of the
25 United States.
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1 (b) ELEMENTS.—The report required by subsection
2 (a) shall include the following:
3 (1) The number of Filipino World War II vet-
4 erans who fought under the United States flag dur-
5 ing World War II to protect and defend the United
6 States in the Pacific theater.
7 (2) The number of Filipino World War II vet-
8 erans who died fighting under the United States flag
9 during World War II to protect and defend the
10 United States in the Pacific theater.
11 (3) An assessment of the economic and tax con-
12 tributions that Filipino World War II veterans and
13 their families have made to the United States.
14 (4) An assessment of the impact on the United
15 States of exempting from the numerical limitations
16 on immigrant visas the children of the Filipino
17 World War II veterans who were naturalized
18 under—
19 (A) section 405 of the Immigration Act of
20 1990 (Public Law 101–649; 8 U.S.C. 1440
21 note); or
22 (B) title III of the Nationality Act of 1940
23 (54 Stat. 1137; chapter 876), as added by sec-
24 tion 1001 of the Second War Powers Act, 1942
25 (56 Stat. 182; chapter 199).
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1 TITLE VI—COMPENSATION AND
2 OTHER PERSONNEL BENEFITS
3 Subtitle A—Pay and Allowances
4 SEC. 601. REORGANIZATION OF CERTAIN ALLOWANCES
5 OTHER THAN TRAVEL AND TRANSPORTATION
6 ALLOWANCES.
7 (a) PER DIEM FOR DUTY OUTSIDE THE CONTI-
8 NENTAL UNITED STATES.—
9 (1) TRANSFER TO CHAPTER 7.—Section 475 of
10 title 37, United States Code, is transferred to chap-
11 ter 7 of such title, inserted after section 403b, and
12 redesignated as section 405.
13 (2) REPEAL OF TERMINATION PROVISION.—
14 Section 405 of title 37, United States Code, as
15 added by paragraph (1), is amended by striking sub-
16 section (f).
17 (3) RETITLING OF AUTHORITY.—The heading
18 of section 405 of title 37, United States Code, as so
19 added, is amended to read as follows:
20 ‘‘§ 405. Per diem while on duty outside the conti-
21 nental United States’’.
22 (b) ALLOWANCE FOR FUNERAL HONORS DUTY.—
23 (1) TRANSFER TO CHAPTER 7.—Section 495 of
24 title 37, United States Code, is transferred to chap-
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1 ter 7 of such title, inserted after section 433a, and
2 redesignated as section 435.
3 (2) REPEAL OF TERMINATION PROVISION.—
4 Section 435 of title 37, United States Code, as
5 added by paragraph (1), is amended by striking sub-
6 section (c).
7 (c) CLERICAL AMENDMENTS.—
8 (1) CHAPTER 7.—The table of sections at the
9 beginning of chapter 7 of such title 37, United
10 States Code, is amended—
11 (A) by inserting after the item relating to
12 section 403b the following new item:
‘‘405. Per diem while on duty outside the continental United States.’’;
13 and
14 (B) by inserting after the item relating to
15 section 433a the following new item:
‘‘435. Funeral honors duty: allowance.’’.
16 (2) CHAPTER 8.—The table of sections at the
17 beginning of chapter 8 of such title is amended by
18 striking the items relating to sections 475 and 495.
19 SEC. 602. HAZARDOUS DUTY PAY FOR MEMBERS OF THE
20 ARMED FORCES PERFORMING DUTY IN RE-
21 SPONSE TO THE CORONAVIRUS DISEASE 2019.
22 (a) IN GENERAL.—The Secretary of the military de-
23 partment concerned shall pay hazardous duty pay under
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1 this section to a member of a regular or reserve component
2 of the Armed Forces who—
3 (1) performs duty in response to the
4 Coronavirus Disease 2019 (COVID–19); and
5 (2) is entitled to basic pay under section 204 of
6 title 37, United States Code, or compensation under
7 section 206 of such title, for the performance of
8 such duty.
9 (b) REGULATIONS.—Hazardous duty pay shall be
10 payable under this section in accordance with regulations
11 prescribed by the Secretary of Defense. Such regulations
12 shall specify the duty in response to the Coronavirus Dis-
13 ease 2019 qualifying a member for payment of such pay
14 under this section.
15 (c) AMOUNT.—The amount of hazardous duty pay
16 paid a member under this section shall be such amount
17 per month, not less than $150 per month, as the Secretary
18 of Defense shall specify in the regulations under sub-
19 section (b).
20 (d) MONTHLY PAYMENT; NO PRORATION.—
21 (1) MONTHLY PAYMENT.—Hazardous duty pay
22 under this section shall be paid on a monthly basis.
23 (2) NO PRORATION.—Hazardous duty pay is
24 payable to a member under this section for a month
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1 if the member performs any duty in that month
2 qualifying the person for payment of such pay.
3 (e) MONTHS FOR WHICH PAYABLE.—Hazardous
4 duty pay is payable under this section for qualifying duty
5 performed in months occurring during the period—
6 (1) beginning on January 1, 2020; and
7 (2) ending on December 31, 2020.
8 (f) CONSTRUCTION WITH OTHER PAY.—Hazardous
9 duty pay payable to a member under this section is in ad-
10 dition to the following:
11 (1) Any other pay and allowances to which the
12 member is entitled by law.
13 (2) Any other hazardous duty pay to which the
14 member is entitled under section 351 of title 37,
15 United States Code (or any other provision of law),
16 for duty that also constitutes qualifying duty for
17 payment of such pay under this section.
18 (g) SENSE OF SENATE.—It is the sense of the Senate
19 that the Secretary of Defense should also authorize haz-
20 ardous duty pay for members of the Armed Forces not
21 under orders specific to the response to the Coronavirus
22 Disease 2019 who provide—
23 (1) healthcare in a military medical treatment
24 facility for individuals infected with the Coronavirus
25 Disease 2019; or
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1 (2) technical or administrative support for the
2 provision of healthcare as described in paragraph
3 (1).
4 SEC. 603. COMPENSATION AND CREDIT FOR RETIRED PAY
5 PURPOSES FOR MATERNITY LEAVE TAKEN
6 BY MEMBERS OF THE RESERVE COMPO-
7 NENTS.
8 (a) COMPENSATION.—Section 206(a) of title 37,
9 United States Code, is amended—
10 (1) in paragraph (2), by striking ‘‘or’’ at the
11 end;
12 (2) in paragraph (3), by striking the period at
13 the end and inserting ‘‘; or’’; and
14 (3) by adding the end the following new para-
15 graph:
16 ‘‘(4) for each of 6 days in connection with the
17 taking by the member of a period of maternity
18 leave.’’.
19 (b) CREDIT FOR RETIRED PAY PURPOSES.—
20 (1) IN GENERAL.—The period of maternity
21 leave taken by a member of the reserve components
22 of the Armed Forces in connection with the birth of
23 a child shall count toward the member’s entitlement
24 to retired pay, and in connection with the years of
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1 service used in computing retired pay, under chapter
2 1223 of title 10, United States Code, as 12 points.
3 (2) SEPARATE CREDIT FOR EACH PERIOD OF
4 LEAVE.—Separate crediting of points shall accrue to
5 a member pursuant to this subsection for each pe-
6 riod of maternity leave taken by the member in con-
7 nection with a childbirth event.
8 (3) WHEN CREDITED.—Points credited a mem-
9 ber for a period of maternity leave pursuant to this
10 subsection shall be credited in the year in which the
11 period of maternity leave concerned commences.
12 (4) CONTRIBUTION OF LEAVE TOWARD ENTI-
13 TLEMENT TO RETIRED PAY.—Section 12732(a)(2) of
14 title 10, United States Code, is amended by insert-
15 ing after subparagraph (E) the following new sub-
16 paragraph:
17 ‘‘(F) Points at the rate of 12 a year for the
18 taking of maternity leave.’’.
19 (5) COMPUTATION OF YEARS OF SERVICE FOR
20 RETIRED PAY.—Section 12733 of such title is
21 amended—
22 (A) by redesignating paragraph (5) as
23 paragraph (6); and
24 (B) by inserting after paragraph (4) the
25 following new paragraph (5):
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1 ‘‘(5) One day for each point credited to the per-
2 son under subparagraph (F) of section 12732(a)(2)
3 of this title.’’.
4 (c) EFFECTIVE DATE.—This section and the amend-
5 ments made by this section shall take effect on the date
6 of the enactment of this Act, and shall apply with respect
7 to periods of maternity leave that commence on or after
8 that date.
9 Subtitle B—Bonuses and Special
10 and Incentive Pays
11 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING
12 BONUS AND SPECIAL PAY AUTHORITIES.
13 (a) AUTHORITIES RELATING TO RESERVE
14 FORCES.—Section 910(g) of title 37, United States Code,
15 relating to income replacement payments for reserve com-
16 ponent members experiencing extended and frequent mo-
17 bilization for active duty service, is amended by striking
18 ‘‘December 31, 2020’’ and inserting ‘‘December 31,
19 2021’’.
20 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH
21 CARE PROFESSIONALS.—The following sections of title
22 10, United States Code, are amended by striking ‘‘Decem-
23 ber 31, 2020’’ and inserting ‘‘December 31, 2021’’:
24 (1) Section 2130a(a)(1), relating to nurse offi-
25 cer candidate accession program.
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1 (2) Section 16302(d), relating to repayment of
2 education loans for certain health professionals who
3 serve in the Selected Reserve.
4 (c) AUTHORITIES RELATING TO NUCLEAR OFFI-
5 CERS.—Section 333(i) of title 37, United States Code, is
6 amended by striking ‘‘December 31, 2020’’ and inserting
7 ‘‘December 31, 2021’’.
8 (d) AUTHORITIES RELATING TO TITLE 37 CONSOLI-
9 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU-
10 THORITIES.—The following sections of title 37, United
11 States Code, are amended by striking ‘‘December 31,
12 2020’’ and inserting ‘‘December 31, 2021’’:
13 (1) Section 331(h), relating to general bonus
14 authority for enlisted members.
15 (2) Section 332(g), relating to general bonus
16 authority for officers.
17 (3) Section 334(i), relating to special aviation
18 incentive pay and bonus authorities for officers.
19 (4) Section 335(k), relating to special bonus
20 and incentive pay authorities for officers in health
21 professions.
22 (5) Section 336(g), relating to contracting
23 bonus for cadets and midshipmen enrolled in the
24 Senior Reserve Officers’ Training Corps.
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1 (6) Section 351(h), relating to hazardous duty
2 pay.
3 (7) Section 352(g), relating to assignment pay
4 or special duty pay.
5 (8) Section 353(i), relating to skill incentive
6 pay or proficiency bonus.
7 (9) Section 355(h), relating to retention incen-
8 tives for members qualified in critical military skills
9 or assigned to high priority units.
10 (e) AUTHORITY TO PROVIDE TEMPORARY INCREASE
11 IN RATES OF BASIC ALLOWANCE FOR HOUSING.—Section
12 403(b)(7)(E) of title 37, United States Code, is amended
13 by striking ‘‘December 31, 2020’’ and inserting ‘‘Decem-
14 ber 31, 2021’’.
15 SEC. 612. INCREASE IN SPECIAL AND INCENTIVE PAYS FOR
16 OFFICERS IN HEALTH PROFESSIONS.
17 (a) ACCESSION BONUS GENERALLY.—Subparagraph
18 (A) of section 335(e)(1) of title 37, United States Code,
19 is amended by striking ‘‘$30,000’’ and inserting
20 ‘‘$100,000’’.
21 (b) ACCESSION BONUS FOR CRITICALLY SHORT
22 WARTIME SPECIALTIES.—Subparagraph (B) of such sec-
23 tion is amended by striking ‘‘$100,000’’ and inserting
24 ‘‘$200,000’’.
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1 (c) RETENTION BONUS.—Subparagraph (C) of such
2 section is amended by striking ‘‘$75,000’’ and inserting
3 ‘‘$150,000’’.
4 (d) INCENTIVE PAY.—Subparagraph (D) of such sec-
5 tion is amended—
6 (1) in clause (i), by striking ‘‘$100,000’’ and
7 inserting ‘‘$200,000’’; and
8 (2) in clause (ii), by striking ‘‘$15,000’’ and in-
9 serting ‘‘$50,000’’.
10 (e) BOARD CERTIFICATION PAY.—Subparagraph (E)
11 of such section is amended by striking ‘‘$6,000’’ and in-
12 serting ‘‘$15,000’’.
13 (f) EFFECTIVE DATE.—The amendments made by
14 this section shall take effect on October 1, 2020, and shall
15 apply with respect to special bonus and incentive pays pay-
16 able under section 335 of title 37, United States Code,
17 pursuant to agreements entered into under that section
18 on or after that date.
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1 Subtitle C—Disability Pay, Retired
2 Pay, and Survivor Benefits
3 SEC. 621. INCLUSION OF DRILL OR TRAINING FOREGONE
4 DUE TO EMERGENCY TRAVEL OR DUTY RE-
5 STRICTIONS IN COMPUTATIONS OF ENTITLE-
6 MENT TO AND AMOUNTS OF RETIRED PAY
7 FOR NON-REGULAR SERVICE.
8 (a) ENTITLEMENT TO RETIRED PAY.—Section
9 12732(a)(2) of title 10, United States Code, is amended—
10 (1) by inserting after subparagraph (E) the fol-
11 lowing new subparagraph:
12 ‘‘(F)(i) Subject to regulations prescribed
13 by the Secretary of Defense or the Secretary of
14 Homeland Security with respect to matters con-
15 cerning the Coast Guard when it is not oper-
16 ating as a service in the Department of the
17 Navy, one point for each day of active service
18 or one point for each drill or period of equiva-
19 lent instruction that was prescribed by the Sec-
20 retary concerned to be performed during the
21 covered emergency period, if such person was
22 prevented from performing such duty due to
23 travel or duty restrictions imposed by the Presi-
24 dent, the Secretary of Defense, or the Secretary
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1 of Homeland Security with respect to the Coast
2 Guard.
3 ‘‘(ii) A person may not be credited more
4 than 35 points in a one-year period under this
5 subparagraph.
6 ‘‘(iii) In this subparagraph, the term ‘cov-
7 ered emergency period’ means the period begin-
8 ning on March 1, 2020, and ending on the day
9 that is 60 days after the date on which the
10 travel or duty restriction applicable to the per-
11 son concerned is lifted.’’; and
12 (2) in the matter following subparagraph (F),
13 as inserted by paragraph (1), by striking ‘‘and (E)’’
14 and inserting ‘‘(E), and (F)’’.
15 (b) AMOUNT OF RETIRED PAY.—Section 12733(3) of
16 such title is amended in the matter preceding subpara-
17 graph (A), by striking ‘‘or (D)’’ and inserting ‘‘(D), or
18 (F)’’.
19 SEC. 622. MODERNIZATION AND CLARIFICATION OF PAY-
20 MENT OF CERTAIN RESERVES WHILE ON
21 DUTY.
22 (a) CHANGE IN PRIORITY OF PAYMENTS FOR RE-
23 TIRED OR RETAINER PAY.—Subsection (a) of section
24 12316 of title 10, United States Code, is amended—
25 (1) in the matter preceding paragraph (1)—
† S 4049 ES
406
1 (A) by striking ‘‘subsection (b)’’ and in-
2 serting ‘‘subsection (c)’’; and
3 (B) by striking ‘‘his earlier military serv-
4 ice’’ and inserting ‘‘the Reserve’s earlier mili-
5 tary service’’;
6 (C) by striking ‘‘a pension, retired or re-
7 tainer pay, or disability compensation’’ and in-
8 serting ‘‘retired or retainer pay’’; and
9 (D) by striking ‘‘he is entitled’’ and insert-
10 ing ‘‘the Reserve is entitled’’; and
11 (2) by striking paragraphs (1) and (2) and in-
12 serting the following new paragraphs:
13 ‘‘(1) the pay and allowances authorized by law
14 for the duty that the Reserve is performing; or
15 ‘‘(2) if the Reserve specifically waives those
16 payments, the retired or retainer pay to which the
17 Reserve is entitled because of the Reserve’s earlier
18 military service.’’.
19 (b) PAYMENTS FOR PENSION OR DISABILITY COM-
20 PENSATION.—Such section is further amended—
21 (1) by redesignating subsection (b) as sub-
22 section (c); and
23 (2) by inserting after subsection (a) the fol-
24 lowing new subsection (b):
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1 ‘‘(b) Except as provided by subsection (c), a Reserve
2 of the Army, Navy, Air Force, Marine Corps, or Coast
3 Guard who because of the Reserve’s earlier military serv-
4 ice is entitled to a pension or disability compensation, and
5 who performs duty for which the Reserve is entitled to
6 compensation, may elect to receive for that duty either—
7 ‘‘(1) the pension or disability compensation to
8 which the Reserve is entitled because of the Re-
9 serve’s earlier military service; or
10 ‘‘(2) if the Reserve specifically waives those
11 payments, the pay and allowances authorized by law
12 for the duty that the Reserve is performing.’’.
13 (c) ADDITIONAL CONFORMING AND MODERNIZING
14 AMENDMENTS.—Subsection (c) of such section, as redes-
15 ignated by subsection (b)(1) of this section, is amended—
16 (1) by striking ‘‘(a)(2)’’ both places it appears
17 and inserting ‘‘(a)(1) or (b)(2), as applicable,’’;
18 (2) by striking ‘‘his earlier military service’’ the
19 first place it appears and inserting ‘‘a Reserve’s ear-
20 lier military service’’;
21 (3) by striking ‘‘his earlier military service’’
22 each other place it appears and inserting ‘‘the Re-
23 serve’s earlier military service’’;
24 (4) by striking ‘‘he is entitled’’ and inserting
25 ‘‘the Reserve is entitled’’; and
† S 4049 ES
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1 (5) by striking ‘‘the member or his dependents’’
2 and inserting ‘‘the Reserve or the Reserve’s depend-
3 ents’’.
4 (d) PROCEDURES.—Such section is further amended
5 by adding at the end the following new subsection:
6 ‘‘(d) The Secretary of Defense shall prescribe regula-
7 tions under which a Reserve of the Army, Navy, Air Force,
8 Marine Corps, or Coast Guard may waive the pay and al-
9 lowances authorized by law for the duty the Reserve is
10 performing under subsection (a)(2) or (b)(2).’’.
11 (e) EFFECTIVE DATE.—The amendments made by
12 this section shall take effect 180 days after the date of
13 the enactment of this Act.
14 SEC. 623. RELIEF OF RICHARD W. COLLINS III.
15 (a) FINDINGS.—Congress makes the following find-
16 ings:
17 (1) On May 20, 2017, Lieutenant Richard W.
18 Collins III was murdered on the campus of the Uni-
19 versity of Maryland, College Park, Maryland.
20 (2) At the time of his murder, Lieutenant Col-
21 lins had graduated from the Reserve Officers’ Train-
22 ing Corps at Bowie State University and received a
23 commission in the United States Army.
24 (3) At the time of the murder of Lieutenant
25 Collins, a graduate of a Reserve Officers’ Training
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1 Corps who received a commission but died before re-
2 ceiving a first duty assignment was not eligible for
3 a death gratuity under section 1475(a)(4) of title
4 10, United States Code, or for casualty assistance
5 under section 633 of the National Defense Author-
6 ization Act for Fiscal Year 2014 (10 U.S.C. 1475
7 note).
8 (4) Section 623 of the National Defense Au-
9 thorization Act for Fiscal Year 2020 (Public Law
10 116–92) amended section 1475 of title 10, United
11 States Code, to authorize the payment of a death
12 gratuity to a graduate of the Senior Reserve Offi-
13 cers’ Training Corps (SROTC) who receives a com-
14 mission but dies before receiving a first duty assign-
15 ment.
16 (5) Section 625 of the National Defense Au-
17 thorization Act for Fiscal Year 2020 authorizes the
18 families of Senior Reserve Officers’ Training Corps
19 graduates to receive casualty assistance in the event
20 of the death of such graduates.
21 (6) Sections 623 and 625 of the National De-
22 fense Authorization Act for Fiscal Year 2020 apply
23 only to a Senior Reserve Officers’ Training Corps
24 graduate who receives a commission but dies before
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1 receiving a first duty assignment on or after the
2 date of the enactment of that Act.
3 (7) The death of Lieutenant Collins played a
4 critical role in changing the eligibility criteria for the
5 death gratuity for Senior Reserve Officers’ Training
6 Corps graduates who die prior to their first assign-
7 ment.
8 (b) APPLICABILITY OF LAWS.—
9 (1) DEATH GRATUITY.—Section 623 of the Na-
10 tional Defense Authorization Act for Fiscal Year
11 2020 (Public Law 116–92), and the amendment
12 made by that section, shall apply to Lieutenant
13 Richard W. Collins III as if his death had occurred
14 after the date of the enactment of that section.
15 (2) CASUALTY ASSISTANCE.—Section 625 of
16 the National Defense Authorization Act for Fiscal
17 Year 2020, and the amendment made by that sec-
18 tion, shall apply to Lieutenant Richard W. Collins
19 III as if his death had occurred after the date of the
20 enactment of that section.
21 (c) LIMITATION.—No amount exceeding 10 percent
22 of a payment made under subsection (b)(1) may be paid
23 to or received by any attorney or agent for services ren-
24 dered in connection with the payment. Any person who
25 violates this subsection shall be guilty of an infraction and
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1 shall be subject to a fine in the amount provided under
2 title 18, United States Code.
3 Subtitle D—Other Matters
4 SEC. 631. PERMANENT AUTHORITY FOR AND ENHANCE-
5 MENT OF THE GOVERNMENT LODGING PRO-
6 GRAM.
7 (a) PERMANENT AUTHORITY.—Section 914 of the
8 Carl Levin and Howard P. ‘‘Buck’’ McKeon National De-
9 fense Authorization Act for Fiscal Year 2015 (5 U.S.C.
10 5911 note) is amended—
11 (1) in subsection (a), by striking ‘‘, for the pe-
12 riod of time described in subsection (b),’’; and
13 (2) by striking subsection (b).
14 (b) EXCLUSION OF CERTAIN SHIPYARD EMPLOY-
15 EES.—Such section is further amended by inserting after
16 subsection (a) the following new subsection (b):
17 ‘‘(b) EXCLUSION OF CERTAIN SHIPYARD EMPLOY-
18 EES.—In carrying out a Government lodging program
19 under the authority in subsection (a), the Secretary shall
20 exclude from the requirements of the program employees
21 who are traveling for the performance of mission functions
22 of a public shipyard of the Department if the purpose or
23 mission of such travel would be adversely affected by the
24 requirements of the program.’’.
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412
1 (c) CONFORMING AMENDMENT.—The heading of
2 such section is amended to read as follows:
3 ‘‘SEC. 914. GOVERNMENT LODGING PROGRAM.’’.
4 SEC. 632. APPROVAL OF CERTAIN ACTIVITIES BY RETIRED
5 AND RESERVE MEMBERS OF THE UNI-
6 FORMED SERVICES.
7 (a) CLARIFICATION OF ACTIVITIES FOR WHICH AP-
8 PROVAL REQUIRED.—Section 908 of title 37, United
9 States Code, is amended—
10 (1) in subsection (a)—
11 (A) in the matter preceding paragraph
12 (1)—
13 (i) by striking ‘‘subsection (b)’’ and
14 inserting ‘‘subsections (b) and (c)’’; and
15 (ii) by inserting ‘‘, accepting payment
16 for speeches, travel, meals, lodging, or reg-
17 istration fees, or accepting a non-cash
18 award,’’ after ‘‘that employment)’’; and
19 (B) in paragraph (2), by striking ‘‘armed
20 forces’’ and inserting ‘‘armed forces, except
21 members serving on active duty under a call or
22 order to active duty for a period in excess of 30
23 days’’;
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1 (2) in the heading of subsection (b), by insert-
2 ing ‘‘FOR EMPLOYMENT AND COMPENSATION’’ after
3 ‘‘APPROVAL REQUIRED’’;
4 (3) by redesignating subsections (c) and (d) as
5 subsections (d) and (e), respectively; and
6 (4) by inserting after subsection (b) the fol-
7 lowing new subsection (c):
8 ‘‘(c) APPROVAL REQUIRED FOR CERTAIN PAYMENTS
9 AND AWARDS.—A person described in subsection (a) may
10 accept payment for speeches, travel, meals, lodging, or
11 registration fees described in that subsection, or accept a
12 non-cash award described in that subsection, only if the
13 Secretary concerned approves the payment or award.’’.
14 (b) ANNUAL REPORTS ON APPROVALS.—Subsection
15 (d) of such section, as redesignated by subsection (a)(3)
16 of this section, is amended—
17 (1) by inserting ‘‘(1)’’ before ‘‘Not later than’’;
18 (2) in paragraph (1), as designated by para-
19 graph (1) of this subsection, by inserting ‘‘, and
20 each approval under subsection (c) for a payment or
21 award described in subsection (a),’’ after ‘‘in sub-
22 section (a)’’; and
23 (3) by adding at the end the following new
24 paragraph:
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1 ‘‘(2) The report under paragraph (1) on an approval
2 described in that paragraph with respect to an officer shall
3 set forth the following:
4 ‘‘(A) The foreign government providing the em-
5 ployment or compensation or payment or award.
6 ‘‘(B) The duties, if any, to be performed in con-
7 nection with the employment or compensation or
8 payment or award.
9 ‘‘(C) The total amount of compensation, if any,
10 or payment to be provided.’’.
11 (c) CONFORMING AMENDMENTS.—
12 (1) SECTION HEADING.—The heading of such
13 section is amended to read as follows:
14 ‘‘§ 908. Reserves and retired members: acceptance of
15 employment, payments, and awards from
16 foreign governments’’.
17 (2) TABLE OF SECTIONS.—The table of sections
18 at the beginning of chapter 17 of such title is
19 amended by striking the item relating to section 908
20 and inserting the following new item:
‘‘908. Reserves and retired members: acceptance of employment, payments, and
awards from foreign governments.’’.
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1 TITLE VII—HEALTH CARE
2 PROVISIONS
3 Subtitle A—TRICARE and Other
4 Health Care Benefits
5 SEC. 701. AUTHORITY FOR SECRETARY OF DEFENSE TO
6 MANAGE PROVIDER TYPE REFERRAL AND SU-
7 PERVISION REQUIREMENTS UNDER TRICARE
8 PROGRAM.
9 Section 1079(a)(12) of title 10, United States Code,
10 is amended, in the first sentence, by striking ‘‘or certified
11 clinical social worker,’’ and inserting ‘‘certified clinical so-
12 cial worker, or other class of provider as designated by
13 the 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 strik-
22 ing ‘‘, except as authorized in paragraph (4)’’.
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1 SEC. 703. WAIVER OF FEES CHARGED TO CERTAIN CIVIL-
2 IANS FOR EMERGENCY MEDICAL TREATMENT
3 PROVIDED AT MILITARY MEDICAL TREAT-
4 MENT FACILITIES.
5 Section 1079b of title 10, United States Code, is
6 amended—
7 (1) by redesignating subsection (b) as sub-
8 section (c); and
9 (2) by inserting after subsection (a) the fol-
10 lowing new subsection (b):
11 ‘‘(b) WAIVER OF FEES.—Under the procedures im-
12 plemented under subsection (a), a military medical treat-
13 ment facility may waive a fee charged under such proce-
14 dures to 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 med-
17 ical care provided to the civilian; and
18 ‘‘(2) the provision of such care enhanced the
19 medical readiness of the health care provider or
20 health 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
25 of the enactment of this Act, the Secretary of Defense
26 shall develop a plan to protect and promote the mental
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1 health and well-being of members of the Armed Forces
2 and their dependents, 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 lev-
7 els on the mental health ramifications of the
8 COVID–19 crisis.
9 (3) Additional training and support for mental
10 health care professionals of the Department of De-
11 fense on supporting individuals who are concerned
12 for the health of themselves and their family mem-
13 bers, or grieving the loss of loved ones due to
14 COVID–19.
15 (4) A strategy to leverage telemedicine to en-
16 sure safe access to mental health services.
17 (b) OUTREACH.—The Secretary of Defense shall con-
18 duct outreach to the military community to identify re-
19 sources and health care services, including mental health
20 care services, available under the TRICARE program to
21 support members of the Armed Forces and their depend-
22 ents.
23 (c) DEFINITIONS.—In this section, the terms ‘‘de-
24 pendent’’ and ‘‘TRICARE program’’ have the meanings
25 given those terms in section 1072 of such title.
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1 SEC. 705. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN
2 MEMBERS OF THE NATIONAL GUARD SERV-
3 ING UNDER ORDERS IN RESPONSE TO THE
4 CORONAVIRUS (COVID–19).
5 (a) IN GENERAL.—The Secretary of Defense shall
6 provide to a member of the National Guard separating
7 from active service after serving on full-time National
8 Guard duty pursuant to section 502(f) of title 32, United
9 States Code, the health benefits authorized under section
10 1145 of title 10, United States Code, for a member of
11 a reserve component separating from active duty, as re-
12 ferred to in subsection (a)(2)(B) of such section 1145, if
13 the active service from which the member of the National
14 Guard is separating was in support of the whole of govern-
15 ment response to the 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
23 later than one year after the date of the enactment of this
24 Act, the Secretary of Defense shall commence the conduct
25 of a demonstration project designed to evaluate the cost,
26 quality of care, and impact on maternal and fetal out-
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1 comes of using extramedical maternal health providers
2 under the TRICARE program to determine the appro-
3 priateness of making coverage of such providers under the
4 TRICARE program permanent.
5 (b) ELEMENTS OF DEMONSTRATION PROJECT.—The
6 demonstration project under subsection (a) shall include,
7 for participants in the demonstration project, the fol-
8 lowing:
9 (1) Access to doulas.
10 (2) Access to lactation consultants who are not
11 otherwise authorized to provide services under the
12 TRICARE program.
13 (c) PARTICIPANTS.—The Secretary shall establish a
14 process under which covered beneficiaries may enroll in
15 the demonstration project in order to receive the services
16 provided under the demonstration project.
17 (d) DURATION.—The Secretary shall carry out the
18 demonstration project for a period of five years beginning
19 on the date on which notification of the commencement
20 of the demonstration project is published in the Federal
21 Register.
22 (e) SURVEY.—
23 (1) IN GENERAL.—Not later than one year
24 after the date of the enactment of this Act, and an-
25 nually thereafter for the duration of the demonstra-
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1 tion project, the Secretary shall administer a survey
2 to determine—
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
9 Armed Forces give birth alone; and
10 (C) how many members of the Armed
11 Forces or spouses of such members use doula
12 support 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
21 of the Armed Forces or the spouses of such
22 members, or both.
23 (C) The length of advanced notice received
24 by individuals surveyed that the member of the
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1 Armed Forces would be unable to be present
2 during the birth, if applicable.
3 (D) Any resources or support that the in-
4 dividuals surveyed found useful during the
5 pregnancy and birth process, including doula or
6 lactation counselor support.
7 (f) REPORTS.—
8 (1) IMPLEMENTATION PLAN.—Not later than
9 180 days after the date of the enactment of this Act,
10 the Secretary shall submit to the Committees on
11 Armed Services of the Senate and the House of Rep-
12 resentatives a plan to implement the demonstration
13 project.
14 (2) ANNUAL REPORT.—
15 (A) IN GENERAL.—Not later than one year
16 after the commencement of the demonstration
17 project, and annually thereafter for the dura-
18 tion of the demonstration project, the Secretary
19 shall submit to the Committees on Armed Serv-
20 ices of the Senate and the House of Represent-
21 atives a report on the cost of the demonstration
22 project and the effectiveness of the demonstra-
23 tion project in improving quality of care and
24 the maternal and fetal outcomes of covered
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1 beneficiaries enrolled in the demonstration
2 project.
3 (B) MATTERS COVERED.—Each report
4 submitted under subparagraph (A) shall ad-
5 dress, at a minimum, the following:
6 (i) The number of covered bene-
7 ficiaries who are enrolled in the demonstra-
8 tion project.
9 (ii) The number of enrolled covered
10 beneficiaries who have participated in the
11 demonstration project.
12 (iii) The results of the surveys under
13 subsection (f).
14 (iv) The cost of the demonstration
15 project.
16 (v) An assessment of the quality of
17 care provided to participants in the dem-
18 onstration project.
19 (vi) An assessment of the impact of
20 the demonstration project on maternal and
21 fetal outcomes.
22 (vii) An assessment of the effective-
23 ness of the demonstration project.
24 (viii) Recommendations for adjust-
25 ments to the demonstration project.
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1 (ix) The estimated costs avoided as a
2 result of improved maternal and fetal
3 health outcomes due to the demonstration
4 project.
5 (x) Recommendations for extending
6 the demonstration project or implementing
7 permanent coverage under the TRICARE
8 program of extramedical maternal health
9 providers.
10 (xi) An identification of legislative or
11 administrative action necessary to make
12 the demonstration project permanent.
13 (C) FINAL REPORT.—The final report
14 under subparagraph (A) shall be submitted not
15 later than 90 days after the termination of the
16 demonstration project.
17 (g) EXPANSION OF DEMONSTRATION PROJECT.—
18 (1) REGULATIONS.—If the Secretary deter-
19 mines that the demonstration project is successful,
20 the Secretary may prescribe regulations to include
21 extramedical maternal health providers as health
22 care providers authorized to provide care under the
23 TRICARE program.
24 (2) CREDENTIALING AND OTHER REQUIRE-
25 MENTS.—The Secretary may establish credentialing
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1 and other requirements for doulas and lactation con-
2 sultants through public notice and comment rule-
3 making for purposes of including doulas and lacta-
4 tion consultations as health care providers author-
5 ized to provide care under the TRICARE program
6 pursuant to regulations prescribed under paragraph
7 (1).
8 (h) DEFINITIONS.—In this section:
9 (1) EXTRAMEDICAL MATERNAL HEALTH PRO-
10 VIDER.—The term ‘‘extramedical maternal health
11 provider’’ means a doula or lactation consultant.
12 (2) COVERED BENEFICIARY; TRICARE PRO-
13 GRAM.—The terms ‘‘covered beneficiary’’ and
14 ‘‘TRICARE program’’ have the meanings given
15 those terms in section 1072 of title 10, United
16 States Code.
17 SEC. 707. PILOT PROGRAM ON RECEIPT OF NON-GENERIC
18 PRESCRIPTION MAINTENANCE MEDICATIONS
19 UNDER TRICARE PHARMACY BENEFITS PRO-
20 GRAM.
21 (a) REQUIREMENT.—The Secretary of Defense shall
22 carry out a pilot program under which eligible covered
23 beneficiaries may elect to receive non-generic prescription
24 maintenance medications selected under subsection (c)
25 through military treatment facility pharmacies, retail
† S 4049 ES
425
1 pharmacies, or the national mail-order pharmacy program,
2 notwithstanding section 1074g(a)(9) of title 10, United
3 States Code.
4 (b) DURATION.—The Secretary shall carry out the
5 pilot program for a three-year period beginning not later
6 than March 1, 2021.
7 (c) SELECTION OF MEDICATION.—The Secretary
8 shall select non-generic prescription maintenance medica-
9 tions described in section 1074g(a)(9)(C)(i) of title 10,
10 United States Code, to be covered by the pilot program.
11 (d) USE OF VOLUNTARY REBATES.—
12 (1) REQUIREMENT.—In carrying out the pilot
13 program, the Secretary shall seek to renew and mod-
14 ify contracts described in paragraph (2) in a manner
15 that—
16 (A) includes for purposes of the pilot pro-
17 gram retail pharmacies as a point of sale for
18 the non-generic prescription maintenance medi-
19 cation covered by the contract; and
20 (B) provides the manufacturer with the op-
21 tion to provide voluntary rebates for such medi-
22 cations at retail pharmacies.
23 (2) CONTRACTS DESCRIBED.—The contracts
24 described in this paragraph are contracts for the
25 procurement of non-generic prescription mainte-
† S 4049 ES
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1 nance medications selected under subsection (c) that
2 are eligible for renewal during the period in which
3 the pilot program is carried out.
4 (e) NOTIFICATION.—In providing each eligible cov-
5 ered beneficiary with an explanation of benefits, the Sec-
6 retary shall notify the beneficiary of whether the medica-
7 tion that the beneficiary is prescribed is covered by the
8 pilot program.
9 (f) BRIEFING AND REPORTS.—
10 (1) BRIEFING.—Not later than 90 days after
11 the date of the enactment of this Act, the Secretary
12 shall brief the congressional defense committees on
13 the implementation of the pilot program.
14 (2) INTERIM REPORT.—Not later than 18
15 months after the commencement of the pilot pro-
16 gram, the Secretary shall submit to the congres-
17 sional defense committees a report on the pilot pro-
18 gram.
19 (3) COMPTROLLER GENERAL REPORT.—
20 (A) IN GENERAL.—Not later than March
21 1, 2024, the Comptroller General of the United
22 States shall submit to the congressional defense
23 committees a report on the pilot program.
24 (B) ELEMENTS.—The report required by
25 subparagraph (A) shall include the following:
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1 (i) The number of eligible covered
2 beneficiaries who participated in the pilot
3 program and an assessment of the satisfac-
4 tion of such beneficiaries with the pilot
5 program.
6 (ii) The rate by which eligible covered
7 beneficiaries elected to receive non-generic
8 prescription maintenance medications at a
9 retail pharmacy pursuant to the pilot pro-
10 gram, and how such rate affected military
11 treatment facility pharmacies and the na-
12 tional mail-order pharmacy program.
13 (iii) The amount of cost savings real-
14 ized by the pilot program, including with
15 respect to—
16 (I) dispensing fees incurred at re-
17 tail pharmacies compared to the na-
18 tional mail-order pharmacy program
19 for brand name prescription drugs;
20 (II) administrative fees;
21 (III) any costs paid by the
22 United States for the drugs in addi-
23 tion to the procurement costs;
24 (IV) the use of military treat-
25 ment facilities; and
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1 (V) copayments paid by eligible
2 covered beneficiaries.
3 (iv) A comparison of supplemental re-
4 bates between retail pharmacies and other
5 points of sale.
6 (g) RULE OF CONSTRUCTION.—Nothing in this sec-
7 tion may be construed to affect the ability of the Secretary
8 to carry out section 1074g(a)(9)(C) of title 10, United
9 States Code, after the date on which the pilot program
10 is completed.
11 (h) DEFINITIONS.—In this section:
12 (1) The term ‘‘eligible covered beneficiary’’ has
13 the meaning given that term in section 1074g(i) of
14 title 10, United States Code.
15 (2) The terms ‘‘military treatment facility phar-
16 macies’’, ‘‘retail pharmacies’’, and ‘‘the national
17 mail-order pharmacy program’’ mean the methods
18 for receiving prescription drugs as described in
19 clauses (i), (ii), and (iii), respectively, of section
20 1074g(a)(2)(E) of title 10, United States Code.
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1 Subtitle B—Health Care
2 Administration
3 SEC. 721. MODIFICATIONS TO TRANSFER OF ARMY MED-
4 ICAL RESEARCH AND DEVELOPMENT COM-
5 MAND AND PUBLIC HEALTH COMMANDS TO
6 DEFENSE HEALTH AGENCY.
7 (a) DELAY OF TRANSFER.—
8 (1) IN GENERAL.—Section 1073c(e) of title 10,
9 United States Code, is amended, in the matter pre-
10 ceding paragraph (1), by striking ‘‘September 30,
11 2022’’ and inserting ‘‘September 30, 2024’’.
12 (2) CONFORMING AMENDMENTS.—Section 737
13 of the National Defense Authorization Act for Fiscal
14 Year 2020 (Public Law 116–92) is amended, in sub-
15 sections (a) and (c), by striking ‘‘September 30,
16 2022’’ and inserting ‘‘September 30, 2024’’ each
17 place it appears.
18 (b) MODIFICATION TO RESOURCES PRESERVED.—
19 Such section 737 is amended—
20 (1) in the section heading, by striking ‘‘RE-
21 SOURCES’’ and inserting ‘‘INFRASTRUCTURE
22 AND PERSONNEL’’; and
23 (2) in subsection (a)—
24 (A) by striking ‘‘resources’’ and inserting
25 ‘‘infrastructure and personnel’’; and
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1 (B) by striking ‘‘, which shall include man-
2 power and funding, at not less than the level of
3 such resources’’.
4 (c) ELIMINATION OF TRANSFER OF FUNDS.—Such
5 section 737 is further amended by—
6 (1) striking subsection (b); and
7 (2) redesignating subsection (c) as subsection
8 (b).
9 (d) CHANGE OF NAME OF COMMAND.—
10 (1) DELAY OF TRANSFER.—Section
11 1073c(e)(1)(B) of title 10, United States Code, is
12 amended by striking ‘‘Materiel’’ and inserting ‘‘De-
13 velopment’’.
14 (2) PRESERVATION OF INFRASTRUCTURE AND
15 PERSONNEL.—Section 737 of the National Defense
16 Authorization Act for Fiscal Year 2020 (Public Law
17 116–92) is amended—
18 (A) in the section heading, by striking
19 ‘‘MATERIEL’’ and inserting ‘‘DEVELOP-
20 MENT’’; and
21 (B) by striking ‘‘Materiel’’ each place it
22 appears and inserting ‘‘Development’’.
23 (e) CLERICAL AMENDMENT.—The table of contents
24 for the National Defense Authorization Act for Fiscal
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431
1 Year 2020 is amended by striking the item relating to sec-
2 tion 737 and inserting the following new item:
‘‘Sec. 737. Preservation of infrastructure and personnel of the Army Medical
Research and Development Command and continuation as Cen-
ter of Excellence.’’.
3 SEC. 722. DELAY OF APPLICABILITY OF ADMINISTRATION
4 OF TRICARE DENTAL PLANS THROUGH FED-
5 ERAL EMPLOYEES DENTAL AND VISION IN-
6 SURANCE PROGRAM.
7 Section 713(c) of the John S. McCain National De-
8 fense Authorization Act for Fiscal Year 2019 (Public Law
9 115–232; 5 U.S.C. 8951 note) is amended by striking
10 ‘‘January 1, 2022’’ and inserting ‘‘January 1, 2023’’.
11 SEC. 723. AUTHORITY OF SECRETARY OF DEFENSE TO
12 WAIVE REQUIREMENTS DURING NATIONAL
13 EMERGENCIES FOR PURPOSES OF PROVI-
14 SION OF HEALTH CARE.
15 (a) IN GENERAL.—Chapter 55 of title 10, United
16 States Code, is amended by inserting after section 1073d
17 the following new section:
18 ‘‘§ 1073e. Authority to waive requirements during na-
19 tional emergencies
20 ‘‘(a) PURPOSE.—The purpose of this section is to en-
21 able the Secretary of Defense to ensure, to the maximum
22 extent feasible, in an emergency area during an emergency
23 period—
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1 ‘‘(1) that sufficient authorized health care items
2 and services are available to meet the needs of cov-
3 ered beneficiaries in such area eligible for the pro-
4 grams under this chapter; and
5 ‘‘(2) that private sector health care providers
6 authorized under the TRICARE program that fur-
7 nish such authorized items and services in good faith
8 may be reimbursed for such items and services ab-
9 sent any determination of fraud or abuse.
10 ‘‘(b) AUTHORITY.—
11 ‘‘(1) IN GENERAL.—To the extent necessary to
12 accomplish the purpose specified in subsection (a),
13 the Secretary, subject to the provisions of this sec-
14 tion, may, for a period of 60 days, waive or modify
15 the application of the requirements of this chapter
16 or any regulation prescribed thereunder with respect
17 to health care items and services furnished by a
18 health care provider (or class of health care pro-
19 viders) in an emergency area (or portion of such
20 area) during an emergency period (or portion of
21 such period), including by deferring the termination
22 of status of a covered beneficiary.
23 ‘‘(2) RENEWAL.—The Secretary may renew a
24 waiver or modification under paragraph (1) for sub-
† S 4049 ES
433
1 sequent 60-day periods during the duration of the
2 applicable emergency declaration.
3 ‘‘(c) IMPLEMENTATION.—The Secretary may imple-
4 ment any temporary waiver or modification made pursu-
5 ant to this section by program instruction or otherwise.
6 ‘‘(d) RETROACTIVE APPLICATION.—A waiver or
7 modification made pursuant to this section with respect
8 to an emergency period may, at the discretion of the Sec-
9 retary, be made retroactive to the beginning of the emer-
10 gency period or any subsequent date in such period speci-
11 fied by the Secretary.
12 ‘‘(e) SATISFACTION OF PRECONDITIONS FOR STATUS
13 AS COVERED BENEFICIARY.—A deferral under subsection
14 (b) of termination of status of a covered beneficiary may
15 be contingent upon retroactive satisfaction by such bene-
16 ficiary of any premium or enrollment fee payments or
17 other preconditions for such status.
18 ‘‘(f) CERTIFICATION.—
19 ‘‘(1) IN GENERAL.—Not later than two days be-
20 fore exercising a waiver or modification under sub-
21 section (b)(1) or renewing a waiver or modification
22 under subsection (b)(2), the Secretary shall submit
23 to the Committees on Armed Services of the Senate
24 and the House of Representatives a certification and
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1 advance written notice regarding the authority to be
2 exercised.
3 ‘‘(2) MATTERS INCLUDED.—Certification and
4 advanced written notice required under paragraph
5 (1) shall include—
6 ‘‘(A) a description of—
7 ‘‘(i) the specific provisions of law that
8 will be waived or modified;
9 ‘‘(ii) the health care providers to
10 whom the waiver or modification will
11 apply;
12 ‘‘(iii) the geographic area in which the
13 waiver or modification will apply; and
14 ‘‘(iv) the period of time for which the
15 waiver or modification will be in effect; and
16 ‘‘(B) a certification that the waiver or
17 modification is necessary to carry out the pur-
18 pose specified in subsection (a).
19 ‘‘(g) TERMINATION OF WAIVER.—A waiver or modi-
20 fication of requirements pursuant to this section termi-
21 nates upon the termination of the applicable emergency
22 declaration.
23 ‘‘(h) REPORT.—Not later than one year after the end
24 of an emergency period during which the Secretary exer-
25 cised the authority under this section, the Secretary shall
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435
1 submit to the Committees on Armed Services of the Sen-
2 ate and the House of Representatives a report on the ap-
3 proaches used to accomplish the purpose described in sub-
4 section (a), including an evaluation of such approaches
5 and recommendations for improved approaches should the
6 need for the exercise of such authority arise in the future.
7 ‘‘(i) DEFINITIONS.—In this section:
8 ‘‘(1) EMERGENCY AREA.—The term ‘emergency
9 area’ means a geographical area covered by an emer-
10 gency declaration.
11 ‘‘(2) EMERGENCY DECLARATION.—The term
12 ‘emergency declaration’ means—
13 ‘‘(A) an emergency or disaster declared by
14 the President pursuant to the National Emer-
15 gencies Act (50 U.S.C. 1601 et seq.) or the
16 Robert T. Stafford Disaster Relief and Emer-
17 gency Assistance Act (42 U.S.C. 5121 et seq.);
18 or
19 ‘‘(B) a public health emergency declared
20 pursuant to section 319 of the Public Health
21 Service Act (42 U.S.C. 247d).
22 ‘‘(3) EMERGENCY PERIOD.—The term ‘emer-
23 gency period’ means the period covered by an emer-
24 gency declaration.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections
2 at the beginning of chapter 55 of such title is amended
3 by inserting after the item relating to section 1073d the
4 following new item:
‘‘1073e. Authority to waive requirements during national emergencies.’’.
5 Subtitle C—Reports and Other
6 Matters
7 SEC. 741. EXTENSION OF AUTHORITY FOR JOINT DEPART-
8 MENT OF DEFENSE-DEPARTMENT OF VET-
9 ERANS AFFAIRS MEDICAL FACILITY DEM-
10 ONSTRATION FUND.
11 Section 1704(e) of the National Defense Authoriza-
12 tion Act for Fiscal Year 2010 (Public Law 111–84; 123
13 Stat. 2573), as most recently amended by section
14 732(4)(B) of the National Defense Authorization Act for
15 Fiscal Year 2020 (Public Law 116–92), is further amend-
16 ed by striking ‘‘September 30, 2021’’ and inserting ‘‘Sep-
17 tember 30, 2022’’.
18 SEC. 742. MEMBERSHIP OF BOARD OF REGENTS OF UNI-
19 FORMED SERVICES UNIVERSITY OF THE
20 HEALTH SCIENCES.
21 (a) IN GENERAL.—Section 2113a(b) of title 10,
22 United States Code, is amended—
23 (1) by redesignating paragraphs (3) and (4) as
24 paragraphs (4) and (5), respectively; and
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437
1 (2) by inserting after paragraph (2) the fol-
2 lowing new paragraph:
3 ‘‘(3) the Director of the Defense Health Agen-
4 cy, who shall be an ex officio member;’’.
5 (b) RULE OF CONSTRUCTION.—The amendments
6 made by this section may not be construed to invalidate
7 any action taken by the Uniformed Services University of
8 the Health Sciences or its Board of Regents prior to the
9 effective date of this section.
10 (c) EFFECTIVE DATE.—The amendments made by
11 this section shall take effect on January 1, 2021.
12 SEC. 743. MILITARY HEALTH SYSTEM CLINICAL QUALITY
13 MANAGEMENT PROGRAM.
14 (a) IN GENERAL.—The Secretary of Defense, acting
15 through the Director of the Defense Health Agency, shall
16 implement a comprehensive program to be known as the
17 ‘‘Military Health System Clinical Quality Management
18 Program’’ (in this section referred to as the ‘‘Program’’).
19 (b) ELEMENTS OF PROGRAM.—The Program shall
20 include, at a minimum, the following:
21 (1) The implementation of systematic proce-
22 dures to eliminate, to the maximum extent feasible,
23 risk of harm to patients at military medical treat-
24 ment facilities, including through identification, in-
25 vestigation, and analysis of events indicating a risk
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1 of patient harm and corrective action plans to miti-
2 gate such risks.
3 (2) With respect to a potentially compensable
4 event (including those involving members of the
5 Armed Forces) at a military medical treatment facil-
6 ity—
7 (A) an analysis of such event, which shall
8 occur and be documented as soon as possible
9 after the event;
10 (B) use of such analysis for clinical quality
11 management; and
12 (C) reporting of such event to the National
13 Practitioner Data Bank in accordance with
14 guidelines of the Secretary of Health and
15 Human Services under the Health Care Quality
16 Improvement Act of 1986 (42 U.S.C. 11101 et
17 seq.), giving special emphasis to the results of
18 external peer reviews of the event.
19 (3) Validation of provider credentials and
20 granting of clinical privileges by the Director of the
21 Defense Health Agency for all health care providers
22 at a military medical treatment facility.
23 (4) Accreditation of military medical treatment
24 facilities by a recognized external accreditation body.
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1 (5) Systematic measurement of indicators of
2 health care quality, emphasizing clinical outcome
3 measures, comparison of such indicators with bench-
4 marks from leading health care quality improvement
5 organizations, and transparency with the public of
6 appropriate clinical measurements for military med-
7 ical treatment facilities.
8 (6) Systematic activities emphasized by leader-
9 ship at all organizational levels to use all elements
10 of the Program to eliminate unwanted variance
11 throughout the health care system of the Depart-
12 ment of Defense and make constant improvements
13 in clinical quality.
14 (7) A full range of procedures for productive
15 communication between patients and health care
16 providers regarding actual or perceived adverse clin-
17 ical events at military medical treatment facilities,
18 including procedures—
19 (A) for full disclosure of such events (re-
20 specting the confidentiality of peer review infor-
21 mation under a medical quality assurance pro-
22 gram under section 1102 of title 10, United
23 States Code);
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1 (B) providing an opportunity for the pa-
2 tient to be heard in relation to quality reviews;
3 and
4 (C) to resolve patient concerns by inde-
5 pendent, neutral healthcare resolution special-
6 ists.
7 (c) ADDITIONAL CLINICAL QUALITY MANAGEMENT
8 ACTIVITIES.—
9 (1) IN GENERAL.—In addition to the elements
10 of the Program set forth in subsection (b), the Sec-
11 retary shall establish and maintain clinical quality
12 management activities in relation to functions of the
13 health care system of the Department separate from
14 delivery of health care services in military medical
15 treatment facilities.
16 (2) HEALTH CARE DELIVERY OUTSIDE MILI-
17 TARY MEDICAL TREATMENT FACILITIES.—In car-
18 rying out paragraph (1), the Secretary shall main-
19 tain policies and procedures to promote clinical qual-
20 ity in health care delivery on ships and planes, in de-
21 ployed settings, and in all other circumstances not
22 covered by subsection (b), with the objective of im-
23 plementing standards and procedures comparable, to
24 the extent practicable, to those under such sub-
25 section.
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1 (3) PURCHASED CARE SYSTEM.—In carrying
2 out paragraph (1), the Secretary shall maintain poli-
3 cies and procedures for health care services provided
4 outside the Department but paid for by the Depart-
5 ment, reflecting best practices by public and private
6 health care reimbursement and management sys-
7 tems.
8 (d) MILITARY MEDICAL TREATMENT FACILITY DE-
9 FINED.—In this section, the term ‘‘military medical treat-
10 ment facility’’ means any fixed facility or portion thereof
11 of the Department of Defense that is outside of a deployed
12 environment and used primarily for health care.
13 SEC. 744. MODIFICATIONS TO PILOT PROGRAM ON CIVIL-
14 IAN AND MILITARY PARTNERSHIPS TO EN-
15 HANCE INTEROPERABILITY AND MEDICAL
16 SURGE CAPABILITY AND CAPACITY OF NA-
17 TIONAL DISASTER MEDICAL SYSTEM.
18 Section 740 of the National Defense Authorization
19 Act for Fiscal Year 2020 (Public Law 116–92) is amend-
20 ed—
21 (1) in subsection (a)—
22 (A) by striking ‘‘The Secretary of Defense
23 may’’ and inserting ‘‘Beginning not later than
24 September 30, 2021, the Secretary of Defense
25 shall’’; and
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1 (B) by striking ‘‘health care organizations,
2 institutions, and entities’’ and inserting ‘‘health
3 care organizations, health care institutions,
4 health care entities, academic medical centers of
5 institutions of higher education, and hospitals’’;
6 and
7 (C) by striking ‘‘in the vicinity of major
8 aeromedical and other transport hubs and logis-
9 tics centers of the Department of Defense’’;
10 (2) by striking subsection (c) and inserting the
11 following new subsections:
12 ‘‘(c) LEAD OFFICIAL FOR DESIGN AND IMPLEMEN-
13 TATION OF PILOT PROGRAM.—
14 ‘‘(1) IN GENERAL.—The Assistant Secretary of
15 Defense for Health Affairs shall be the lead official
16 for design and implementation of the pilot program
17 under subsection (a).
18 ‘‘(2) RESOURCES.—The Assistant Secretary of
19 Defense for Health Affairs shall leverage the re-
20 sources of the Defense Health Agency for execution
21 of the pilot program under subsection (a) and shall
22 coordinate with the Chairman of the Joint Chiefs of
23 Staff throughout the planning and duration of the
24 pilot program.
25 ‘‘(d) LOCATIONS.—
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1 ‘‘(1) IN GENERAL.—The Secretary of Defense
2 shall carry out the pilot program under subsection
3 (a) at not fewer than five locations in the United
4 States that are located at or near locations with es-
5 tablished expertise in disaster health preparedness
6 and response and trauma care that augment and en-
7 hance the effectiveness of the pilot program.
8 ‘‘(2) PHASED SELECTION OF LOCATIONS.—
9 ‘‘(A) INITIAL SELECTION.—Not later than
10 the earlier of the date that is 180 days after the
11 date of the enactment of this Act or March 31,
12 2021, the Assistant Secretary of Defense for
13 Health Affairs, in consultation with the Sec-
14 retary of Veterans Affairs, the Secretary of
15 Health and Human Services, the Secretary of
16 Homeland Security, and the Secretary of
17 Transportation, shall select not fewer than two
18 locations at which to carry out the pilot pro-
19 gram.
20 ‘‘(B) SUBSEQUENT SELECTION.—Not later
21 than the end of each one-year period following
22 selection of locations under subparagraph (A),
23 the Assistant Secretary of Defense for Health
24 Affairs, in consultation with the Secretary of
25 Veterans Affairs, the Secretary of Health and
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1 Human Services, the Secretary of Homeland
2 Security, and the Secretary of Transportation,
3 shall select not fewer than two additional loca-
4 tions at which to carry out the pilot program
5 until not fewer than five locations are selected
6 in total.
7 ‘‘(3) CONSIDERATION AND PRIORITY FOR LOCA-
8 TIONS.—In selecting locations for the pilot program
9 under subsection (a), the Secretary shall—
10 ‘‘(A) consider—
11 ‘‘(i) the proximity of the location to
12 civilian or military transportation hubs, in-
13 cluding airports, railways, interstate high-
14 ways, or ports;
15 ‘‘(ii) the ability of the location to ac-
16 cept a redistribution of casualties during
17 times of war;
18 ‘‘(iii) the ability of the location to pro-
19 vide trauma care training opportunities for
20 medical personnel of the Department of
21 Defense; and
22 ‘‘(iv) the proximity of the location to
23 existing academic medical centers of insti-
24 tutions of higher education, facilities of the
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1 Department, or other institutions that
2 have established expertise in the areas of—
3 ‘‘(I) highly infectious disease;
4 ‘‘(II) biocontainment;
5 ‘‘(III) quarantine;
6 ‘‘(IV) trauma care;
7 ‘‘(V) combat casualty care;
8 ‘‘(VI) the National Disaster Med-
9 ical System under section 2812 of the
10 Public Health Service Act (42 U.S.C.
11 300hh–11);
12 ‘‘(VII) disaster health prepared-
13 ness and response;
14 ‘‘(VIII) medical and public health
15 management of biological, chemical,
16 radiological, or nuclear hazards; or
17 ‘‘(IX) such other areas of exper-
18 tise as the Secretary considers appro-
19 priate; and
20 ‘‘(B) give priority to public-private part-
21 nerships with academic medical centers of insti-
22 tutions of higher education, hospitals, and other
23 entities with facilities that have an established
24 history of providing clinical care, treatment,
25 training, and research in the areas described in
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1 subparagraph (A)(ii) or other specializations de-
2 termined important by the Secretary for pur-
3 poses of the pilot program.’’;
4 (3) by redesignating subsections (d) through (f)
5 as subsections (e) through (g), respectively;
6 (4) in subsection (g), as redesignated by para-
7 graph (3)—
8 (A) in paragraph (1)—
9 (i) in subparagraph (A), by striking
10 ‘‘the commencement of the pilot program
11 under subsection (a)’’ and inserting ‘‘the
12 initial selection of locations for the pilot
13 program under subsection (d)(2)(A)’’; and
14 (ii) in subparagraph (B)—
15 (I) in clause (ii), by striking
16 ‘‘subsection (d)’’ and inserting ‘‘sub-
17 section (e)’’;
18 (II) in clause (iii), by striking
19 ‘‘subsection (e)’’ and inserting ‘‘sub-
20 section (f)’’; and
21 (B) in paragraph (2)(B)(iv), by striking
22 ‘‘the authority for’’; and
23 (5) by adding at the end the following new sub-
24 section:
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1 ‘‘(h) INSTITUTION OF HIGHER EDUCATION DE-
2 FINED.—In this section, the term ‘institution of higher
3 education’ means a four-year institution of higher edu-
4 cation, as defined in section 101(a) of the Higher Edu-
5 cation Act 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
12 Defense shall seek to enter into an agreement with a fed-
13 erally funded research and development center or other
14 independent entity to perform a study on force mix options
15 and service models (including traditional and nontradi-
16 tional active and reserve models) to optimize the readiness
17 of the medical force of the Armed Forces to deliver combat
18 care on the battlefield.
19 (b) ISSUES TO BE ADDRESSED.—The study required
20 by subsection (a) shall include, at a minimum—
21 (1) with respect to options relating to members
22 of the Armed Forces on active duty—
23 (A) a review of existing models for such
24 members who are medical professionals to sup-
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1 port clinical readiness skills by serving in civil-
2 ian trauma centers;
3 (B) an assessment of the extent to which
4 existing 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
9 who are medical professionals to serve in civil-
10 ian 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
15 medical professionals to support clinical readi-
16 ness skills by serving in civilian trauma centers;
17 (B) an assessment of the extent to which
18 existing models can be optimized, standardized,
19 and scaled to address current readiness short-
20 falls; and
21 (C) an evaluation of the cost and effective-
22 ness of alternative models for such members of
23 the reserve components who are medical profes-
24 sionals to serve in civilian trauma centers.
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1 (c) REPORT.—Not later than 15 months after the
2 date of the enactment of this Act, the Secretary shall sub-
3 mit to the Committees on Armed Services of the Senate
4 and the House of Representatives a report on the findings
5 and recommendations of the independent study required
6 by subsection (a).
7 SEC. 746. COMPTROLLER GENERAL STUDY ON DELIVERY
8 OF MENTAL HEALTH SERVICES TO MEMBERS
9 OF THE RESERVE COMPONENTS OF THE
10 ARMED 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
18 associated 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 re-
23 quirements for members of the reserve components
24 immediately before, during, and after—
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1 (A) Federal deployment under title 10,
2 United States Code; or
3 (B) State deployment under title 32,
4 United States Code; and
5 (4) provide recommendations when practicable
6 to strengthen the reintegration of members of the
7 reserve components, including an assessment of the
8 effectiveness 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 Sen-
12 ate and the House of Representatives a report on the
13 study conducted under subsection (a).
14 (d) RESERVE COMPONENT DEFINED.—In this sec-
15 tion, the term ‘‘reserve component’’ means a reserve com-
16 ponent of the Armed Forces named in section 10101 of
17 title 10, 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
24 of the United States shall conduct a review of efforts by
25 the Department of Defense to prevent suicide among
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1 members of the Armed Forces stationed at covered instal-
2 lations.
3 (b) ELEMENTS OF REVIEW.—The review conducted
4 under subsection (a) shall include an assessment of each
5 of the following:
6 (1) Current policy guidelines of the Armed
7 Forces on the prevention of suicide among members
8 of the Armed Forces stationed at covered installa-
9 tions.
10 (2) Current suicide prevention programs of the
11 Armed Forces and activities for members of the
12 Armed Forces stationed at covered installations and
13 their dependents, including programs provided by
14 the Defense Health Program and the Office of Sui-
15 cide Prevention.
16 (3) The integration of mental health screenings
17 and suicide risk and prevention efforts for members
18 of the Armed Forces stationed at covered installa-
19 tions and their dependents into the delivery of pri-
20 mary care for such members and dependents.
21 (4) The standards for responding to attempted
22 or completed suicides among members of the Armed
23 Forces stationed at covered installations and their
24 dependents, including guidance and training to as-
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1 sist commanders in addressing incidents of at-
2 tempted or completed suicide within their units.
3 (5) The standards regarding data collection for
4 members of the Armed Forces stationed at covered
5 installations and their dependents, including related
6 factors such as domestic violence and child abuse.
7 (6) The means to ensure the protection of pri-
8 vacy of members of the Armed Forces stationed at
9 covered installations and their dependents who seek
10 or receive treatment related to suicide prevention.
11 (7) The availability of information from indige-
12 nous populations on suicide prevention for members
13 of the Armed Forces stationed at covered installa-
14 tions who are members of such a population.
15 (8) The availability of information from grad-
16 uate research programs of institutions of higher edu-
17 cation on suicide prevention for members of the
18 Armed Forces.
19 (9) Such other matters as the Comptroller Gen-
20 eral considers appropriate in connection with the
21 prevention of suicide among members of the Armed
22 Forces stationed at covered installations and their
23 dependents.
24 (c) BRIEFING AND REPORT.—The Comptroller Gen-
25 eral shall—
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1 (1) not later than October 1, 2021, brief the
2 Committees on Armed Services of the Senate and
3 the House of Representatives on preliminary obser-
4 vations relating to the review conducted under sub-
5 section (a); and
6 (2) not later than March 1, 2022, submit to the
7 Committees on Armed Services of the Senate and
8 the House of Representatives a report containing the
9 results of such review.
10 (d) COVERED INSTALLATION DEFINED.—In this sec-
11 tion, the term ‘‘covered installation’’ means a remote in-
12 stallation of the Department of Defense outside the con-
13 tiguous United States.
14 SEC. 748. AUDIT OF MEDICAL CONDITIONS OF TENANTS IN
15 PRIVATIZED MILITARY HOUSING.
16 (a) IN GENERAL.—Not later than 90 days after the
17 date of the enactment of this Act, the Inspector General
18 of the Department of Defense shall commence the conduct
19 of an audit of the medical conditions of eligible individuals
20 and the association between adverse exposures of such in-
21 dividuals in unsafe or unhealthy housing units and the
22 health of such individuals.
23 (b) CONTENT OF AUDIT.—The audit conducted
24 under subsection (a) shall—
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1 (1) determine the percentage of units of
2 privatized military housing that are unsafe or
3 unhealthy housing units;
4 (2) study the adverse exposures of eligible indi-
5 viduals that relate to residing in an unsafe or
6 unhealthy housing unit and the effect of such expo-
7 sures on the health of such individuals; and
8 (3) determine the association, to the extent per-
9 mitted by available scientific data, and provide quan-
10 tifiable data on such association, between such ad-
11 verse exposures and the occurrence of a medical con-
12 dition in eligible individuals residing in unsafe or
13 unhealthy housing units.
14 (c) CONDUCT OF AUDIT.—The Inspector General of
15 the Department shall conduct the audit under subsection
16 (a) using the same privacy preserving guidelines used by
17 the Inspector General in conducting other audits of health
18 records.
19 (d) SOURCE OF DATA.—In conducting the audit
20 under subsection (a), the Inspector General of the Depart-
21 ment shall use—
22 (1) de-identified data from electronic health
23 records of the Department;
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1 (2) records of claims under the TRICARE pro-
2 gram (as defined in section 1072(7) of title 10,
3 United States Code); and
4 (3) such other data as determined necessary by
5 the Inspector General.
6 (e) SUBMITTAL AND PUBLIC AVAILABILITY OF RE-
7 PORT.—Not later than one year after the commencement
8 of the audit under subsection (a), the Inspector General
9 of the Department shall—
10 (1) submit to the Secretary of Defense and the
11 Committees on Armed Services of the Senate and
12 the House of Representatives a report on the results
13 of the audit conducted under subsection (a); and
14 (2) publish such report on a publicly available
15 internet website of the Department of Defense.
16 (f) DEFINITIONS.—In this section:
17 (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible
18 individual’’ means a member of the Armed Forces or
19 a family member of a member of the Armed Forces
20 who has resided in an unsafe or unhealthy housing
21 unit.
22 (2) PRIVATIZED MILITARY HOUSING.—The
23 term ‘‘privatized military housing’’ means military
24 housing provided under subchapter IV of chapter
25 169 of title 10, United States Code.
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1 (3) UNSAFE OR UNHEALTHY HOUSING UNIT.—
2 The term ‘‘unsafe or unhealthy housing unit’’ means
3 a unit of privatized military housing in which, at any
4 given time, at least one of the following hazards is
5 present:
6 (A) Physiological hazards, including the
7 following:
8 (i) Dampness or microbial growth.
9 (ii) Lead-based paint.
10 (iii) Asbestos or manmade fibers.
11 (iv) Ionizing radiation.
12 (v) Biocides.
13 (vi) Carbon monoxide.
14 (vii) Volatile organic compounds.
15 (viii) Infectious agents.
16 (ix) Fine particulate matter.
17 (B) Psychological hazards, including ease
18 of access by unlawful intruders or lighting
19 issues.
20 (C) Poor ventilation.
21 (D) Safety hazards.
22 (E) Other hazards as determined by the
23 Inspector General of the Department.
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1 SEC. 749. COMPTROLLER GENERAL STUDY ON PRENATAL
2 AND POSTPARTUM MENTAL HEALTH CONDI-
3 TIONS AMONG MEMBERS OF THE ARMED
4 FORCES AND THEIR DEPENDENTS.
5 (a) STUDY.—
6 (1) IN GENERAL.—The Comptroller General of
7 the United States shall conduct a study on prenatal
8 and postpartum mental health conditions among
9 members of the Armed Forces and dependents of
10 such members.
11 (2) ELEMENTS.—The study required under
12 paragraph (1) shall include the following:
13 (A) An assessment of the extent to which
14 beneficiaries under the TRICARE program, in-
15 cluding members of the Armed Forces and de-
16 pendents of such members, are diagnosed with
17 prenatal or postpartum mental health condi-
18 tions, including—
19 (i) prenatal or postpartum depression;
20 (ii) prenatal or postpartum anxiety
21 disorder;
22 (iii) prenatal or postpartum obsessive
23 compulsive disorder;
24 (iv) prenatal or postpartum psychosis;
25 and
26 (v) other relevant mood disorders.
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1 (B) A demographic assessment of the pop-
2 ulation included in the study with respect to
3 race, ethnicity, sex, age, relationship status,
4 military service, military occupation, and rank,
5 where applicable.
6 (C) An assessment of the status of pre-
7 natal and postpartum mental health care for
8 beneficiaries under the TRICARE program, in-
9 cluding those who seek care at military medical
10 treatment facilities and those who rely on civil-
11 ian providers.
12 (D) An assessment of the ease or delay for
13 beneficiaries under the TRICARE program in
14 obtaining treatment for prenatal and
15 postpartum mental health conditions, includ-
16 ing—
17 (i) an assessment of wait times for
18 mental health treatment at each military
19 medical treatment facility; and
20 (ii) a description of the reasons such
21 beneficiaries may cease seeking such treat-
22 ment.
23 (E) A comparison of the rates of prenatal
24 or postpartum mental health conditions within
25 the military community to such rates in the ci-
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1 vilian population, as reported by the Centers for
2 Disease Control and Prevention.
3 (F) An assessment of any effects of im-
4 plicit or explicit bias in prenatal and
5 postpartum mental health care under the
6 TRICARE program, or evidence of racial or so-
7 cioeconomic barriers to such care.
8 (b) REPORT.—Not later than one year after the date
9 of the enactment of this Act, the Comptroller General shall
10 submit to the Committees on Armed Services of the Sen-
11 ate and the House of Representatives a report on the find-
12 ings of the study conducted under subsection (a), includ-
13 ing—
14 (1) recommendations for actions to be taken by
15 the Secretary of Defense to improve prenatal and
16 postpartum mental health among members of the
17 Armed Forces and dependents of such members; and
18 (2) such other recommendations as the Comp-
19 troller General determines appropriate.
20 (c) DEFINITIONS.—In this section, the terms ‘‘de-
21 pendent’’ and ‘‘TRICARE program’’ have the meanings
22 given those terms in section 1072 of title 10, United
23 States Code.
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1 SEC. 750. PLAN FOR EVALUATION OF FLEXIBLE SPENDING
2 ACCOUNT OPTIONS FOR MEMBERS OF THE
3 UNIFORMED SERVICES AND THEIR FAMILIES.
4 (a) IN GENERAL.—Not later than March 1, 2021, the
5 Secretary of Defense shall submit to the congressional de-
6 fense committees a plan to evaluate flexible spending ac-
7 count options that allow pre-tax payment of health and
8 dental insurance premiums, out-of-pocket health care ex-
9 penses, and dependent care expenses for members of the
10 uniformed services and their family members, including an
11 identification of any legislative or administrative barriers
12 to achieving the implementation of such options.
13 (b) UNIFORMED SERVICES DEFINED.—In this sec-
14 tion, the term ‘‘uniformed services’’ has the meaning given
15 that term in section 101 of title 37, United States Code.
16 SEC. 751. ASSESSMENT OF RECEIPT BY CIVILIANS OF
17 EMERGENCY MEDICAL TREATMENT AT MILI-
18 TARY MEDICAL TREATMENT FACILITIES.
19 (a) ASSESSMENT.—Not later than one year after the
20 date of the enactment of this Act, the Comptroller General
21 of the United States shall complete an assessment of the
22 provision by the Department of Defense of emergency
23 medical treatment to civilians who are not covered bene-
24 ficiaries at military medical treatment facilities during the
25 period beginning on October 1, 2015, and ending on Sep-
26 tember 30, 2020.
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1 (b) ELEMENTS OF ASSESSMENT.—The assessment
2 completed under subsection (a) shall include, with respect
3 to civilians who received emergency medical treatment at
4 a military medical treatment facility during the period
5 specified in such paragraph, the following:
6 (1) The total fees charged to such civilians for
7 such treatment and the total fees collected.
8 (2) The amount of medical debt from such
9 treatment that was garnished from such civilians,
10 categorized by garnishment from Social Security
11 benefits, tax refunds, wages, or other financial asset.
12 (3) The number of such civilians from whom
13 medical debt from such treatment was garnished.
14 (4) The total fees for such treatment that were
15 waived for such civilians.
16 (5) With respect to medical debt incurred by
17 such civilians from such treatment—
18 (A) the amount of such debt that was col-
19 lected by the Department of Defense;
20 (B) the amount of such debt still owed to
21 the Department; and
22 (C) the amount of debt transferred from
23 the Department of Defense to the Department
24 of the Treasury for collection.
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1 (6) The number of such civilians from whom
2 such medical debt was collected who did not possess
3 medical insurance at the time of such treatment.
4 (7) The number of such civilians from whom
5 such medical debt was collected who collected Social
6 Security benefits at the time of such treatment.
7 (8) The number of such civilians from whom
8 such medical debt was collected who, at the time of
9 such treatment, earned—
10 (A) less than the poverty line;
11 (B) less than 200 percent of the poverty
12 line;
13 (C) less than 300 percent of the poverty
14 line; and
15 (D) less than 400 percent of the poverty
16 line.
17 (9) An assessment of the process through which
18 military medical treatment facilities seek to recover
19 unpaid medical debt from such civilians, including
20 whether the Department of Defense contracts with
21 private debt collectors to recover such unpaid med-
22 ical debt.
23 (10) An assessment of the process, if any,
24 through which such civilians can apply to have med-
25 ical debt for such treatment waived, forgiven, can-
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1 celed, or otherwise determined to not be a financial
2 obligation of the civilian.
3 (11) Such other information as the Comptroller
4 General determines appropriate.
5 (c) REPORT.—Not later than 180 days after the com-
6 pletion of the assessment under subsection (a), the Comp-
7 troller General shall submit to the Committees on Armed
8 Services of the Senate and the House of Representatives
9 a report containing the results of the assessment.
10 (d) DEFINITIONS.—In this section:
11 (1) CIVILIAN.—The term ‘‘civilian’’ means an
12 individual who is not—
13 (A) a member of the Armed Forces;
14 (B) a contractor of the Department of De-
15 fense; or
16 (C) a civilian employee of the Department.
17 (2) COVERED BENEFICIARY.—The term ‘‘cov-
18 ered beneficiary’’ has the meaning given that term
19 in section 1072(5) of title 10, United States Code.
20 (3) POVERTY LINE.—The term ‘‘poverty line’’
21 has the meaning given that term in section 673 of
22 the Community Services Block Grant Act (42 U.S.C.
23 9902).
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1 SEC. 752. REPORT ON BILLING PRACTICES FOR HEALTH
2 CARE FROM DEPARTMENT OF DEFENSE.
3 (a) FINDINGS.—Congress finds the following:
4 (1) Through the TRICARE program, the De-
5 partment of Defense provides health care benefits
6 and services to approximately 9,500,000 bene-
7 ficiaries.
8 (2) The Department of Defense is not struc-
9 tured as a typical health care provider, which can
10 lead to complicated billing practices and strict dead-
11 lines for members of the Armed Forces, former
12 members of the Armed Forces, and their depend-
13 ents, as well as for providers.
14 (3) Numerous findings issued by the Inspector
15 General of the Department of Defense between 2014
16 and 2019 describe the third-party collection program
17 of the Department as inadequately managed, result-
18 ing in substantial uncollected funds that could be
19 used to improve the quality of health care at mili-
20 tary medical treatment facilities.
21 (4) Numerous press reports have found that the
22 Federal Government aggressively collects unpaid
23 debts from uninsured or low-income civilian patients
24 who happen to receive treatment at a military med-
25 ical treatment facility, even though providing that
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1 treatment often benefits military readiness by pro-
2 viding experience to military medical professionals.
3 (b) SENSE OF CONGRESS.—It is the sense of Con-
4 gress that it is in the national interest of the United States
5 to ensure members of the Armed Forces, former members
6 of the Armed Forces, and their dependents receive high-
7 quality health care, and that Federal agencies prioritize
8 fairness and accessibility when administering health care.
9 (c) REPORT.—
10 (1) IN GENERAL.—Not later than one year
11 after the date of the enactment of this Act, the
12 Comptroller General of the United States shall sub-
13 mit to Congress a report assessing the billing prac-
14 tices of the Department of Defense for care received
15 under the TRICARE program or at military medical
16 treatment facilities.
17 (2) ELEMENTS.—The report required by para-
18 graph (1) shall include the following:
19 (A) A description of the extent to which
20 data is being collected and maintained on
21 whether beneficiaries under the TRICARE pro-
22 gram have other forms of health insurance.
23 (B) A description of the extent to which
24 the Secretary of Defense has implemented the
25 recommendations of the Inspector General of
† S 4049 ES
466
1 the Department of Defense to improve collec-
2 tions of third-party payments for care at mili-
3 tary medical treatment facilities and a descrip-
4 tion of the impact such implementation has had
5 on such beneficiaries.
6 (C) A description of the extent to which
7 the process used by managed care support con-
8 tractors under the TRICARE program to adju-
9 dicate third-party liability claims is efficient
10 and effective, including with respect to commu-
11 nication with such beneficiaries.
12 (d) TRICARE PROGRAM DEFINED.—In this section,
13 the term ‘‘TRICARE program’’ has the meaning given
14 that term in section 1072 of title 10, United States Code.
15 SEC. 753. ACCESS OF VETERANS TO INDIVIDUAL LONGITU-
16 DINAL EXPOSURE RECORD.
17 The Secretary of Veterans Affairs, in consultation
18 with the Secretary of Defense, shall provide to a veteran
19 read-only access to the documents of the veteran contained
20 in the Individual Longitudinal Exposure Record in a
21 printable format through a portal accessible through a
22 website of the Department of Veterans Affairs and a
23 website of the Department of Defense.
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1 SEC. 754. STUDY ON THE INCIDENCE OF CANCER DIAG-
2 NOSIS AND MORTALITY AMONG MILITARY
3 AVIATORS AND AVIATION SUPPORT PER-
4 SONNEL.
5 (a) STUDY.—
6 (1) IN GENERAL.—The Secretary of Defense, in
7 conjunction with the National Institutes of Health
8 and the National Cancer Institute, shall conduct a
9 study on cancer among covered individuals in two
10 phases as provided in this subsection.
11 (2) PHASE 1.—
12 (A) IN GENERAL.—Under the initial phase
13 of the study conducted under paragraph (1),
14 the Secretary of Defense shall determine if
15 there is a higher incidence of cancers occurring
16 for covered individuals as compared to similar
17 age groups in the general population through
18 the use of the database of the Surveillance, Epi-
19 demiology, and End Results program of the Na-
20 tional Cancer Institute.
21 (B) REPORT.—Not later than one year
22 after the date of the enactment of this Act, the
23 Secretary shall submit to the appropriate com-
24 mittees of Congress a report on the findings of
25 the initial phase of the study under subpara-
26 graph (A).
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1 (3) PHASE 2.—
2 (A) IN GENERAL.—If, pursuant to the ini-
3 tial phase of the study under paragraph (2), the
4 Secretary concludes that there is an increased
5 rate of cancers among covered individuals, the
6 Secretary shall conduct a second phase of the
7 study under which the Secretary shall do the
8 following:
9 (i) Identify the carcinogenic toxins or
10 hazardous materials associated with mili-
11 tary flight operations from shipboard or
12 land bases or facilities, such as fuels,
13 fumes, and other liquids.
14 (ii) Identify the operating environ-
15 ments, including frequencies or electro-
16 magnetic fields, where exposure to ionizing
17 radiation (associated with high altitude
18 flight) and nonionizing radiation (associ-
19 ated with airborne, ground, and shipboard
20 radars) occurred in which covered individ-
21 uals could have received increased radi-
22 ation amounts.
23 (iii) Identify, for each covered indi-
24 vidual, duty stations, dates of service, air-
25 craft flown, and additional duties (includ-
† S 4049 ES
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1 ing Landing Safety Officer, Catapult and
2 Arresting Gear Officer, Air Liaison Offi-
3 cer, Tactical Air Control Party, or per-
4 sonnel associated with aircraft mainte-
5 nance, supply, logistics, fuels, or transpor-
6 tation) that could have increased the risk
7 of cancer for such covered individual.
8 (iv) Determine locations where a cov-
9 ered individual served or additional duties
10 of a covered individual that are associated
11 with higher incidences of cancers.
12 (v) Identify potential exposures due to
13 service in the Armed Forces that are not
14 related to aviation, such as exposure to
15 burn pits or toxins in contaminated water,
16 embedded in the soil, or inside bases or
17 housing.
18 (vi) Determine the appropriate age to
19 begin screening covered individuals for
20 cancer based on race, gender, flying hours,
21 period of service as aviation support per-
22 sonnel, Armed Force, type of aircraft, and
23 mission.
24 (B) DATA.—The Secretary shall format all
25 data included in the study conducted under this
† S 4049 ES
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1 paragraph in accordance with the Surveillance,
2 Epidemiology, and End Results program of the
3 National Cancer Institute, including by
4 disaggregating such data by race, gender, and
5 age.
6 (C) REPORT.—Not later than one year
7 after the submittal of the report under para-
8 graph (2)(B), if the Secretary conducts the sec-
9 ond phase of the study under this paragraph,
10 the Secretary shall submit to the appropriate
11 committees of Congress a report on the findings
12 of the study conducted under this paragraph.
13 (4) USE OF DATA FROM PREVIOUS STUDIES.—
14 In conducting the study under this subsection, the
15 Secretary of Defense shall incorporate data from
16 previous studies conducted by the Air Force, the
17 Navy, or the Marine Corps that are relevant to the
18 study under this subsection, including data from the
19 comprehensive study conducted by the Air Force
20 identifying each covered individual and documenting
21 the cancers, dates of diagnoses, and mortality of
22 each covered individual.
23 (b) DEFINITIONS.—In this section:
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1 (1) APPROPRIATE COMMITTEE OF CONGRESS.—
2 The term ‘‘appropriate committees of Congress’’
3 means—
4 (A) the Committee on Armed Services and
5 the Committee on Veterans’ Affairs of the Sen-
6 ate; and
7 (B) the Committee on Armed Services and
8 the Committee on Veterans’ Affairs of the
9 House of Representatives.
10 (2) ARMED FORCES.—The term ‘‘Armed
11 Forces’’—
12 (A) has the meaning given the term
13 ‘‘armed forces’’ in section 101 of title 10,
14 United States Code; and
15 (B) includes the reserve components
16 named in section 10101 of such title.
17 (3) COVERED INDIVIDUAL.—The term ‘‘covered
18 individual’’—
19 (A) means an aviator or aviation support
20 personnel who—
21 (i) served in the Armed Forces on or
22 after February 28, 1961; and
23 (ii) receives benefits under chapter 55
24 of title 10, United States Code; and
† S 4049 ES
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1 (B) includes any air crew member of fixed-
2 wing aircraft and personnel supporting genera-
3 tion of the aircraft, including pilots, navigators,
4 weapons systems operators, aircraft system op-
5 erators, personnel associated with aircraft
6 maintenance, supply, logistics, fuels, or trans-
7 portation, and any other crew member who reg-
8 ularly flies in an aircraft or is required to com-
9 plete the mission of the aircraft.
10 Subtitle D—Mental Health Services
11 From Department of Veterans
12 Affairs for Members of Reserve
13 Components
14 SEC. 761. SHORT TITLE.
15 This subtitle may be cited as the ‘‘Care and Readi-
16 ness Enhancement for Reservists Act of 2020’’ or the
17 ‘‘CARE for Reservists Act of 2020’’.
18 SEC. 762. EXPANSION OF ELIGIBILITY FOR READJUSTMENT
19 COUNSELING AND RELATED OUTPATIENT
20 SERVICES FROM DEPARTMENT OF VETERANS
21 AFFAIRS TO INCLUDE MEMBERS OF RESERVE
22 COMPONENTS OF THE ARMED FORCES.
23 (a) READJUSTMENT COUNSELING.—Subsection
24 (a)(1) of section 1712A of title 38, United States Code,
† S 4049 ES
473
1 is amended by adding at the end the following new sub-
2 paragraph:
3 ‘‘(D)(i) The Secretary, in consultation with the Sec-
4 retary of Defense, may furnish to any member of the re-
5 serve components of the Armed Forces who has a behav-
6 ioral health condition or psychological trauma, counseling
7 under subparagraph (A)(i), which may include a com-
8 prehensive individual assessment under subparagraph
9 (B)(i).
10 ‘‘(ii) A member of the reserve components of the
11 Armed Forces described in clause (i) shall not be required
12 to obtain a referral before being furnished counseling or
13 an assessment under this subparagraph.’’.
14 (b) OUTPATIENT SERVICES.—Subsection (b) of such
15 section is amended—
16 (1) in paragraph (1)—
17 (A) by inserting ‘‘to an individual’’ after
18 ‘‘If, on the basis of the assessment furnished’’;
19 and
20 (B) by striking ‘‘veteran’’ each place it ap-
21 pears and inserting ‘‘individual’’; and
22 (2) in paragraph (2), by striking ‘‘veteran’’ and
23 inserting ‘‘individual’’.
† S 4049 ES
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1 (c) EFFECTIVE DATE.—The amendments made by
2 this section shall take effect on the date that is one year
3 after the date of the enactment of this Act.
4 SEC. 763. PROVISION OF MENTAL HEALTH SERVICES FROM
5 DEPARTMENT OF VETERANS AFFAIRS TO
6 MEMBERS OF RESERVE COMPONENTS OF
7 THE ARMED FORCES.
8 (a) IN GENERAL.—Subchapter VIII of chapter 17 of
9 title 38, United States Code, is amended by adding at the
10 end the following new section:
11 ‘‘§ 1789. Mental health services for members of the re-
12 serve components of the Armed Forces
13 ‘‘The Secretary, in consultation with the Secretary of
14 Defense, may furnish mental health services to members
15 of the reserve components of the Armed Forces.’’.
16 (b) CLERICAL AMENDMENT.—The table of sections
17 at the beginning of such subchapter is amended by insert-
18 ing after the item relating to section 1788 the following
19 new item:
‘‘1789. Mental health services for members of the reserve components of the
Armed Forces.’’.
20 SEC. 764. INCLUSION OF MEMBERS OF RESERVE COMPO-
21 NENTS IN MENTAL HEALTH PROGRAMS OF
22 DEPARTMENT OF VETERANS AFFAIRS.
23 (a) SUICIDE PREVENTION PROGRAM.—
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1 (1) IN GENERAL.—Section 1720F of title 38,
2 United States Code, is amended by adding at the
3 end the following new subsection:
4 ‘‘(l)(1) COVERED INDIVIDUAL DEFINED.—In this
5 section, the term ‘covered individual’ means a veteran or
6 a member of the reserve components of the Armed Forces.
7 ‘‘(2) In determining coverage of members of the re-
8 serve components of the Armed Forces under the com-
9 prehensive program, the Secretary shall consult with the
10 Secretary of Defense.’’.
11 (2) CONFORMING AMENDMENTS.—Such section
12 is further amended—
13 (A) in subsection (a), by striking ‘‘vet-
14 erans’’ and inserting ‘‘covered individuals’’;
15 (B) in subsection (b), by striking ‘‘vet-
16 erans’’ each place it appears and inserting ‘‘cov-
17 ered individuals’’;
18 (C) in subsection (c)—
19 (i) in the subsection heading, by strik-
20 ing ‘‘OF VETERANS’’;
21 (ii) by striking ‘‘veterans’’ each place
22 it appears and inserting ‘‘covered individ-
23 uals’’; and
24 (iii) by striking ‘‘veteran’’ and insert-
25 ing ‘‘individual’’;
† S 4049 ES
476
1 (D) in subsection (d), by striking ‘‘to vet-
2 erans’’ each place it appears and inserting ‘‘to
3 covered individuals’’;
4 (E) in subsection (e), in the matter pre-
5 ceding paragraph (1), by striking ‘‘veterans’’
6 and inserting ‘‘covered individuals’’;
7 (F) in subsection (f)—
8 (i) in the first sentence, by striking
9 ‘‘veterans’’ and inserting ‘‘covered individ-
10 uals’’; and
11 (ii) in the second sentence, by insert-
12 ing ‘‘or members’’ after ‘‘veterans’’;
13 (G) in subsection (g), by striking ‘‘vet-
14 erans’’ and inserting ‘‘covered individuals’’;
15 (H) in subsection (h), by striking ‘‘vet-
16 erans’’ and inserting ‘‘covered individuals’’;
17 (I) in subsection (i)—
18 (i) in the subsection heading, by strik-
19 ing ‘‘FOR VETERANS AND FAMILIES’’;
20 (ii) in the matter preceding paragraph
21 (1), by striking ‘‘veterans and the families
22 of veterans’’ and inserting ‘‘covered indi-
23 viduals and the families of covered individ-
24 uals’’;
† S 4049 ES
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1 (iii) in paragraph (2), by striking
2 ‘‘veterans’’ and inserting ‘‘covered individ-
3 uals’’; and
4 (iv) in paragraph (4), by striking
5 ‘‘veterans’’ each place it appears and in-
6 serting ‘‘covered individuals’’;
7 (J) in subsection (j)—
8 (i) in paragraph (1), by striking ‘‘vet-
9 erans’’ each place it appears and inserting
10 ‘‘covered individuals’’; and
11 (ii) in paragraph (4)—
12 (I) in subparagraph (A), in the
13 matter preceding clause (i), by strik-
14 ing ‘‘women veterans’’ and inserting
15 ‘‘covered individuals who are women’’;
16 (II) in subparagraph (B), by
17 striking ‘‘women veterans who’’ and
18 inserting ‘‘covered individuals who are
19 women and’’; and
20 (III) in subparagraph (C), by
21 striking ‘‘women veterans’’ and insert-
22 ing ‘‘covered individuals who are
23 women’’; and
24 (K) in subsection (k), by striking ‘‘vet-
25 erans’’ and inserting ‘‘covered individuals’’.
† S 4049 ES
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1 (3) CLERICAL AMENDMENTS.—
2 (A) IN GENERAL.—Such section is further
3 amended, in the section heading, by inserting
4 ‘‘and members of the reserve compo-
5 nents of the Armed Forces’’ after ‘‘vet-
6 erans’’.
7 (B) TABLE OF SECTIONS.—The table of
8 sections at the beginning of such subchapter is
9 amended by striking the item relating to section
10 1720F and inserting the following new item:
‘‘1720F. Comprehensive program for suicide prevention among veterans and
members of the reserve components of the Armed Forces.’’.
11 (b) MENTAL HEALTH TREATMENT FOR INDIVIDUALS
12 WHO SERVED IN CLASSIFIED MISSIONS.—
13 (1) IN GENERAL.—Section 1720H of such title
14 is amended—
15 (A) in subsection (a)—
16 (i) in paragraph (1)—
17 (I) by striking ‘‘eligible veteran’’
18 and inserting ‘‘eligible individual’’;
19 and
20 (II) by striking ‘‘the veteran’’
21 and inserting ‘‘the individual’’; and
22 (ii) in paragraph (3), by striking ‘‘eli-
23 gible veterans’’ and inserting ‘‘eligible indi-
24 viduals’’;
† S 4049 ES
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1 (B) in subsection (b)—
2 (i) by striking ‘‘a veteran’’ and insert-
3 ing ‘‘an individual’’; and
4 (ii) by striking ‘‘eligible veteran’’ and
5 inserting ‘‘eligible individual’’; and
6 (C) in subsection (c)—
7 (i) in paragraph (2), in the matter
8 preceding subparagraph (A), by striking
9 ‘‘The term ‘eligible veteran’ means a vet-
10 eran’’ and inserting ‘‘The term ‘eligible in-
11 dividual’ means a veteran or a member of
12 the reserve components of the Armed
13 Forces’’; and
14 (ii) in paragraph (3), by striking ‘‘eli-
15 gible veteran’’ and inserting ‘‘eligible indi-
16 vidual’’.
17 (2) CLERICAL AMENDMENTS.—
18 (A) IN GENERAL.—Such section is further
19 amended, in the section heading, by inserting
20 ‘‘and members of the reserve compo-
21 nents of the Armed Forces’’ after ‘‘vet-
22 erans’’.
23 (B) TABLE OF SECTIONS.—The table of
24 sections at the beginning of chapter 17 of such
25 title is amended by striking the item relating to
† S 4049 ES
480
1 section 1720H and inserting the following new
2 item:
‘‘1720H. Mental health treatment for veterans and members of the reserve com-
ponents of the Armed Forces who served in classified mis-
sions.’’.
3 SEC. 765. REPORT ON MENTAL HEALTH AND RELATED
4 SERVICES PROVIDED BY DEPARTMENT OF
5 VETERANS AFFAIRS TO MEMBERS OF THE
6 ARMED FORCES.
7 (a) IN GENERAL.—Not later than one year after the
8 date of the enactment of this Act, the Secretary of Vet-
9 erans Affairs shall submit to the Committee on Veterans’
10 Affairs and the Committee on Appropriations of the Sen-
11 ate and the Committee on Veterans’ Affairs and the Com-
12 mittee on Appropriations of the House of Representatives
13 a report that includes an assessment of the following:
14 (1) The increase, as compared to the day before
15 the date of the enactment of this Act, of the number
16 of members of the Armed Forces that use readjust-
17 ment counseling or outpatient mental health care
18 from the Department of Veterans Affairs,
19 disaggregated by State, Vet Center location, and
20 clinical care site of the Department, as appropriate.
21 (2) The number of members of the reserve com-
22 ponents of the Armed Forces receiving telemental
23 health care from the Department.
† S 4049 ES
481
1 (3) The increase, as compared to the day before
2 the date of the enactment of this Act, of the annual
3 cost associated with readjustment counseling and
4 outpatient mental health care provided by the De-
5 partment to members of the reserve components of
6 the Armed Forces.
7 (4) The changes, as compared to the day before
8 the date of the enactment of this Act, in staffing,
9 training, organization, and resources required for
10 the Department to offer readjustment counseling
11 and outpatient mental health care to members of the
12 reserve components of the Armed Forces.
13 (5) Any challenges the Department has encoun-
14 tered in providing readjustment counseling and out-
15 patient mental health care to members of the reserve
16 components of the Armed Forces.
17 (b) VET CENTER DEFINED.—In this section, the
18 term ‘‘Vet Center’’ has the meaning given that term in
19 section 1712A(h) of title 38, United States Code.
† S 4049 ES
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1 TITLE VIII—ACQUISITION POL-
2 ICY, ACQUISITION MANAGE-
3 MENT, AND RELATED MAT-
4 TERS
5 Subtitle A—Industrial Base Matters
6 SEC. 801. POLICY RECOMMENDATIONS FOR IMPLEMENTA-
7 TION OF EXECUTIVE ORDER 13806 (ASSESS-
8 ING AND STRENGTHENING THE MANUFAC-
9 TURING AND DEFENSE INDUSTRIAL BASE
10 AND SUPPLY CHAIN RESILIENCY).
11 (a) SUBMISSION OF RECOMMENDATIONS TO SEC-
12 RETARY OF DEFENSE.—In order to fully implement the
13 July 21, 2017, Presidential Executive Order on Assessing
14 and Strengthening the Manufacturing and Defense Indus-
15 trial Base and Supply Chain Resiliency of the United
16 States, not later than 540 days after the date of the enact-
17 ment of this Act, the Under Secretary of Defense for Ac-
18 quisition and Sustainment shall submit to the Secretary
19 of Defense a series of recommendations regarding United
20 States industrial policies. The recommendations shall con-
21 sist of specific executive actions, programmatic changes,
22 regulatory changes, and legislative proposals and changes,
23 as appropriate.
† S 4049 ES
483
1 (b) SCOPE OF ASSESSMENT.—In developing the rec-
2 ommendations required under subsection (a), the Under
3 Secretary shall assess—
4 (1) direct subsidies and investment in the econ-
5 omy;
6 (2) direct provision of credit and purchases of
7 private sector bonds and equity;
8 (3) prize-based technology challenges for critical
9 research and development milestones;
10 (4) capital controls and dollar policy;
11 (5) trade policy, including export control policy,
12 government acquisition policy, and targeted protec-
13 tionist policies;
14 (6) export promotion policies;
15 (7) foreign talent attraction and retention;
16 (8) graduate education policy; and
17 (9) expansion of existing or establishment of
18 new public-private partnerships, including the Trust-
19 ed Capital Marketplace.
20 (c) OBJECTIVES.—The recommendations made pur-
21 suant to subsection (a) shall aim to—
22 (1) facilitate only high-value design, engineer-
23 ing, and manufacturing activities;
24 (2) expand the defense industrial base to in-
25 clude friendly and capable allies and partners;
† S 4049 ES
484
1 (3) preserve the viability of domestic and inter-
2 national suppliers;
3 (4) include export and productivity incentives;
4 (5) accord with standing international trade
5 law; and
6 (6) strengthen the domestic national security
7 industrial base, especially in areas currently depend-
8 ent on foreign suppliers.
9 (d) CONSULTATION.—In assessing the areas specified
10 in subsection (b) and developing the recommendations re-
11 quired under subsection (a), the Under Secretary shall
12 consult or inaugurate studies with, as appropriate, the
13 Joint Industrial Base Working Group, the Defense
14 Science Board, the Defense Innovation Board, economists,
15 commercial industry, and federally funded research and
16 development centers.
17 (e) SUBMISSION OF RECOMMENDATIONS TO PRESI-
18 DENT.—Not later than 30 days after receiving the rec-
19 ommendations under subsection (a), the Secretary of De-
20 fense shall submit the recommendations, together with any
21 additional views or recommendations, to the President, the
22 Office of Management and Budget, the National Security
23 Council, and the National Economic Council.
24 (f) SUBMISSION OF RECOMMENDATIONS TO CON-
25 GRESS.—Not later than 30 days after submitting the rec-
† S 4049 ES
485
1 ommendations to the President under section (e), the Sec-
2 retary of Defense shall submit the recommendations to
3 and brief the congressional defense committees on the rec-
4 ommendations.
5 SEC. 802. ASSESSMENT OF NATIONAL SECURITY INNOVA-
6 TION BASE.
7 (a) IN GENERAL.—Not later than 540 days after the
8 date of the enactment of this Act, the Deputy Secretary
9 of Defense shall submit to the Secretary of Defense an
10 assessment of the economic forces and structures shaping
11 the capacity of the national security innovation base and
12 policy recommendations pertaining to the outcome of such
13 assessment.
14 (b) ELEMENTS.—The assessment required under
15 subsection (a) shall review the following matters as they
16 pertain to the innovative and manufacturing capacity of
17 the national security innovation base:
18 (1) Competition and antitrust policy.
19 (2) Immigration policy, including the policies
20 germane to the attraction and retention of skilled
21 immigrants.
22 (3) Graduate education funding and policy.
23 (4) Demand stabilization and social safety net
24 policies.
† S 4049 ES
486
1 (5) The structure and incentives of financial
2 markets and businesses’ access to credit.
3 (6) Trade policy, including export control pol-
4 icy.
5 (7) The tax code and its effect on investment,
6 including the Federal research and development tax
7 credit.
8 (8) Deregulation in critical economic sectors,
9 land use, environment review, and construction and
10 manufacturing activities.
11 (9) National economic and manufacturing infra-
12 structure.
13 (10) Intellectual property reform.
14 (11) Federally funded investments in the econ-
15 omy, including research and development and ad-
16 vanced manufacturing.
17 (12) Federally funded procurement of goods
18 and services.
19 (13) Federally funded investments to expand
20 domestic manufacturing capabilities.
21 (c) ENGAGEMENT WITH CERTAIN ENTITIES.—In
22 conducting the assessment required under subsection (a),
23 the Deputy Secretary shall engage through appropriate
24 mechanisms with the Defense Science Board, the Defense
25 Innovation Board, the Defense Business Board, academic
† S 4049 ES
487
1 experts, commercial industry, and federally funded re-
2 search and development centers.
3 (d) SUBMISSION OF ASSESSMENT.—Not later than
4 30 days after receiving the assessment and recommenda-
5 tions under subsection (a), the Secretary of Defense shall
6 submit the assessment, together with recommendations
7 and any additional views of the Secretary, to the Presi-
8 dent, the Office of Management and Budget, the National
9 Security Council, the National Economic Council, and the
10 congressional defense committees.
11 SEC. 803. IMPROVING IMPLEMENTATION OF POLICY PER-
12 TAINING TO THE NATIONAL TECHNOLOGY
13 AND INDUSTRIAL BASE.
14 (a) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE
15 IMPLEMENTATION.—
16 (1) ASSESSMENT OF RESEARCH AND DEVELOP-
17 MENT, MANUFACTURING, AND PRODUCTION CAPA-
18 BILITIES.—
19 (A) IN GENERAL.—In developing the strat-
20 egy required by section 2501 of title 10, United
21 States Code, carrying out the analysis of the
22 national technology and industrial base required
23 by section 2503 of such title, and performing
24 the periodic assessments required under section
25 2505 of such title, the Secretary of Defense
† S 4049 ES
488
1 shall, in consultation with the Under Secretary
2 of Defense for Acquisition and Sustainment and
3 the Under Secretary of Research and Engineer-
4 ing, assess the research and development, man-
5 ufacturing, and production capabilities of enti-
6 ties within the United States and non-United
7 States members of the national technology and
8 industrial base as well as other friendly nations.
9 (B) IDENTIFICATION OF SPECIFIC TECH-
10 NOLOGIES, COMPANIES, LABORATORIES, AND
11 FACTORIES.—The assessment shall include
12 identification of specific technologies, compa-
13 nies, laboratories, and factories of or located in
14 the United States and the non-United States
15 members of the national technology and indus-
16 trial base of potential value to current and fu-
17 ture Department of Defense plans and pro-
18 grams.
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
24 heads of the appropriate defense agencies and field
25 activities, and relevant program managers acquisi-
† S 4049 ES
489
1 tion policy and guidance germane to the use of the
2 research and development, manufacturing, and pro-
3 duction capabilities identified pursuant to paragraph
4 (1)(B) and the technologies, companies, laboratories,
5 and factories in specific Department of Defense re-
6 search and development, international cooperative
7 research, procurement, 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,
13 United States Code, is amended by adding at the
14 end the following new subparagraph:
15 ‘‘(F) A nation in the National Technology and
16 Industrial Base, as defined by section 2500 of title
17 10, 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
24 added by paragraph (1).
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1 (c) REGULATORY COUNCIL.—Section 2502 of title
2 10, United States Code, is amended by inserting after sub-
3 section (d) the following new subsection:
4 ‘‘(e) NATIONAL TECHNOLOGY AND INDUSTRIAL
5 BASE 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
13 and Industrial Base Regulatory Council shall meet
14 biannually to harmonize respective policies and regu-
15 lations, and to propose new legislation and regula-
16 tions that increase the integration between the poli-
17 cies, persons, and organizations comprising the na-
18 tional technology and industrial base.
19 ‘‘(3) DUTIES.—The National Technology and
20 Industrial 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-
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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
5 oversight, 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
13 BASE.—
14 (1) IN GENERAL.—The Secretary of Defense
15 shall establish a process to consider the inclusion of
16 additional member nations in the national tech-
17 nology and industrial base.
18 (2) ELEMENTS.—The process developed under
19 paragraph (1) shall include—
20 (A) analysis of the national security costs
21 and benefits to the United States and allies of
22 the inclusion of such additional member nation
23 in the national technology and industrial base;
24 (B) analysis of the economic costs and
25 benefits to entities within the United States and
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1 allies of the inclusion of such additional mem-
2 ber nation into the national technology and in-
3 dustrial base, including an assessment of—
4 (i) specific shortfalls in the techno-
5 logical and industrial capacities of current
6 member nations of the national technology
7 and industrial base that would be ad-
8 dressed by inclusion of such additional
9 member nation; and
10 (ii) specific areas in the industrial
11 bases of current member nations of the na-
12 tional technology and industrial base that
13 would likely be impacted by additional
14 competition if such additional nation were
15 included in the national technology and in-
16 dustrial base; and
17 (C) analysis of other factors as determined
18 relevant by the Secretary.
19 (3) RECOMMENDED LEGISLATION.—
20 (A) IN GENERAL.—The Secretary of De-
21 fense may submit legislative proposals to Con-
22 gress to add new nations to the national tech-
23 nology and industrial base.
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1 (B) ELEMENTS.—Proposals submitted
2 pursuant to subparagraph (A) shall include the
3 following elements:
4 (i) A summary of the analyses per-
5 formed pursuant to subsection (d)(2).
6 (ii) A set of metrics to assess the na-
7 tional security and economic benefits that
8 such inclusion is expected to accrue to en-
9 tities within the United States and allied
10 nations.
11 (4) REPORT.—Not later than 540 days after
12 the date of the enactment of this Act, the Secretary
13 shall submit to the congressional defense committees
14 a report with recommendations regarding whether to
15 include in the national technology and industrial
16 base each country with which the United States
17 maintains a mutual defense treaty, a reciprocal de-
18 fense procurement agreement, or other defense co-
19 operation agreement. The report shall be based on
20 assessments conducted using the process established
21 under paragraph (1) and shall include, for each
22 country recommended for inclusion, the information
23 specified in paragraph (3)(B).
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1 SEC. 804. MODIFICATION OF FRAMEWORK FOR MODERN-
2 IZING ACQUISITION PROCESSES TO ENSURE
3 INTEGRITY OF INDUSTRIAL BASE.
4 Section 2509 of title 10, United States Code, as
5 added by section 845(a) of the National Defense Author-
6 ization Act for Fiscal Year 2020 (Public Law 116–92),
7 is amended—
8 (1) in subsection (b)(2)—
9 (A) in subparagraph (A)—
10 (i) by inserting ‘‘, such as those iden-
11 tified through the Department of Defense’s
12 supply chain risk management process and
13 by the Federal Acquisition Security Coun-
14 cil, and’’ after ‘‘supply chain risks’’; and
15 (ii) in clause (ii), by striking ‘‘(other
16 than optical transmission components)’’;
17 (B) in subparagraph (C)—
18 (i) in clause (x), by striking ‘‘; and’’
19 and inserting a semicolon;
20 (ii) by redesignating clause (xi) as
21 clause (xii); and
22 (iii) by inserting after clause (x) the
23 following new clause:
24 ‘‘(xi) processes and procedures related to
25 supply chain risk management, including those
26 implemented pursuant to section 806 of the Ike
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1 Skelton National Defense Authorization Act for
2 Fiscal Year 2011 (Public Law 111–383; 10
3 U.S.C. 2304 note); and’’; and
4 (C) by adding at the end the following new
5 subparagraph:
6 ‘‘(E) Characterization and assessment of indus-
7 trial base support policies, programs, and proce-
8 dures, including—
9 ‘‘(i) limitations and acquisition guidance
10 relevant to the national technology and indus-
11 trial base (as defined in section 2500(1) of this
12 title);
13 ‘‘(ii) limitations and acquisition guidance
14 relevant to section 2533a of this title;
15 ‘‘(iii) the Industrial Base Analysis and
16 Sustainment program, including direct support
17 and common design activities;
18 ‘‘(iv) the Small Business Innovation Re-
19 search program;
20 ‘‘(v) the Department of Defense Manufac-
21 turing Technology program;
22 ‘‘(vi) programs related to the Defense Pro-
23 duction Act of 1950 (50 U.S.C. 4511 et seq.);
24 ‘‘(vii) the Trusted Capital Marketplace
25 program; and
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1 ‘‘(viii) programs in the military services.’’;
2 and
3 (2) in subsection (f)(2), by inserting ‘‘, and
4 supporting 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
9 define 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 respon-
14 sibilities 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 de-
20 velopment, age and value of the installed capital
21 base, leadership’s technical competence and agility,
22 nationally imposed inhibiting conditions, the avail-
23 ability of human and material resources, and the
24 burdens of government oversight;
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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 Sec-
7 retary of Defense determines appropriate.
8 (b) METHODOLOGY.—The Deputy Assistant Sec-
9 retary of Defense for Industrial Policy shall incorporate
10 inputs pursuant to subsection (a) as part of a methodology
11 to continuously assess domestic and foreign industries,
12 markets, and companies of significance to military and in-
13 dustrial 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
17 congressional defense committees a report on efforts
18 to establish the continuous assessment activity re-
19 quired under subsections (a) and (b).
20 (2) ELEMENTS.—The report submitted under
21 paragraph (1) shall include a consideration of
22 whether it would be appropriate to task some of the
23 assessment work to an organization independent of
24 the Department, and any recommendations regard-
25 ing which organization should perform such work.
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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,
6 acting through the Undersecretary for Acquisition
7 and Sustainment and other appropriate officials,
8 shall review the materials, processes, and technology
9 sectors under subsection (c) to determine and de-
10 velop appropriate actions, consistent with the poli-
11 cies, programs, and activities required under chapter
12 148 of title 10, United States Code, including—
13 (A) restricting procurement, with appro-
14 priate waivers for cost, emergency require-
15 ments, and non-availability of suppliers, includ-
16 ing restricting 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-
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1 native approaches to addressing military re-
2 quirements, through use of research and devel-
3 opment or procurement activities and acquisi-
4 tion 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
19 under 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 in-
24 dustrial base policy guidance prescribed under sec-
25 tion 2506 of such title;
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1 (4) activities to modernize acquisition processes
2 to ensure integrity of industrial base pursuant to
3 section 2509 of such title;
4 (5) defense memoranda of understanding and
5 related agreements considered in accordance with
6 section 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
13 restrictions, 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 re-
18 ports 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.
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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 Re-
11 search Projects Agency, shall submit to the Secretary of
12 Defense and the Chairman of the Joint Chiefs of Staff
13 a strategy to manufacture state-of-the art integrated cir-
14 cuits in the United States within a period of three to five
15 years that includes a plan to explore and evaluate options
16 for re-establishing microelectronics foundry services and
17 the industrial 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
25 provide design, foundry and assembly, and pack-
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1 aging services and to build and operate the indus-
2 trial capabilities associated with such services;
3 (3) the role that the broader Federal Govern-
4 ment should play in organizing and supporting the
5 strategy, including any required direct or indirect
6 funding support, or legislative and regulatory ac-
7 tions, including restricting procurements to domestic
8 sources, and providing anti-trust and export control
9 relief; and
10 (4) all potential funding sources and mecha-
11 nisms for initial and sustaining investments.
12 (c) SUBMISSION OF STRATEGY TO PRESIDENT.—Not
13 later February 1, 2021, the Secretary of Defense shall
14 submit the strategy, together with any views and rec-
15 ommendations, and an estimated budget to implement the
16 strategy, to the President, the National Security Council,
17 and the National Economic Council.
18 (d) BRIEFING.—Not later than March 1, 2021, the
19 Secretary of Defense shall submit the strategy to and brief
20 the congressional defense committees on the strategy and
21 the Secretary’s recommendations.
22 SEC. 808. ADDITIONAL REQUIREMENTS PERTAINING TO
23 PRINTED CIRCUIT BOARDS.
24 (a) PURCHASES.—Not later than one year after the
25 date of enactment of this Act, the Secretary of Defense
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1 shall require for new contracts or other acquisition activi-
2 ties that contractors, or subcontractors at any tier, that
3 provide covered printed circuit boards for use by the De-
4 partment of Defense certify that, of the total value of the
5 covered printed circuit boards provided by the contractor
6 or subcontractor pursuant to a contract or subcontract
7 with the Department of Defense, not less than the per-
8 centages set forth in subsection (b) were manufactured
9 and assembled within a covered nation.
10 (b) IMPLEMENTATION.—
11 (1) ESTABLISHMENT OF REQUIRED PERCENT-
12 AGES.—In establishing the certification process
13 under subsection (a), the Secretary shall establish
14 and publish increasing percentages of values of the
15 covered printed circuit boards under subsection (a)
16 to be complied with by appropriate contractors and
17 subcontractors, based on—
18 (A) assessment of covered nation capacity
19 to supply printed circuit boards, over time;
20 (B) assessment of threats to national secu-
21 rity capabilities from use of printed circuit
22 boards from non-covered nations;
23 (C) economic benefits accrued by non-cov-
24 ered nations which would otherwise be accrued
25 by covered nations;
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1 (D) achieving a goal of production of 100
2 percent of manufacture and assembly of printed
3 circuit boards in covered nations within ten
4 years; and
5 (E) other criteria as determined appro-
6 priate.
7 (2) MINIMUM PERCENTAGES.—The percentages
8 established by the Secretary under this subsection
9 shall, in any case, be equal to or greater than, unless
10 specifically directed by the Secretary for an indi-
11 vidual contract or subcontract—
12 (A) 25 percent by October 1, 2023;
13 (B) 50 percent by October 1, 2025;
14 (C) 75 percent by October 1, 2029; and
15 (D) 100 percent by October 1, 2032.
16 (3) LIMITED EXCEPTIONS.—If the Secretary of
17 Defense directs that a specific contract or sub-
18 contract is required to comply with a different per-
19 centage than those prescribed under this subsection,
20 the Secretary shall notify the congressional defense
21 committees not later than 30 days after such direc-
22 tion is issued, along with a rationale for the changed
23 percentage.
24 (c) REMEDIATION.—In the event that a contractor or
25 subcontractor is unable to complete the certification re-
† S 4049 ES
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1 quired under subsection (a), the Secretary may accept cov-
2 ered printed circuit boards from the contractor or subcon-
3 tractor for an appropriate time period, not to exceed 18
4 months over a five-year period, while requiring the con-
5 tractor to complete a remediation plan. Such a plan shall
6 be submitted to the congressional defense committees and
7 shall require the contractor or subcontractor to—
8 (1) audit its supply chain to identify any areas
9 of security vulnerability and compliance with section
10 224 of the National Defense Authorization Act for
11 Fiscal Year 2020 (Public Law 119–92); and
12 (2) meet the requirements of subsection (a)
13 within in an expedited fashion after the initial
14 missed certification deadline to address national se-
15 curity threats.
16 (d) WAIVER.—A contractor may request that the Sec-
17 retary of Defense waive the requirement for certification,
18 and the Secretary may grant such a waiver, if the Sec-
19 retary has conclusively determined that—
20 (1) there are no significant national security
21 concerns regarding counterfeiting, quality, or unau-
22 thorized access created by any covered printed cir-
23 cuit boards provided to the Department of Defense
24 by the contractor in the fiscal year under the certifi-
25 cation requirement or the previous fiscal year;
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1 (2) the contractor is otherwise in compliance
2 with all relevant cybersecurity provisions relating to
3 members of the defense industrial base, including
4 section 244 of the National Defense Authorization
5 Act for Fiscal Year 2020; and
6 (3) the waiver is required to support national
7 security needs, particularly with respect to acquisi-
8 tions of commercial items.
9 (e) AVAILABILITY AND COST EXCEPTIONS.—Sub-
10 section (a) shall not apply to the extent that the Secretary
11 of Defense or the Secretary of the military department
12 concerned determines that covered printed circuit boards
13 of satisfactory quality and sufficient quantity, in the re-
14 quired form, cannot be procured as and when needed from
15 covered nations at reasonable cost, excluding comparisons
16 with non-market economies, or in time to meet an oper-
17 ational requirement.
18 (f) DEFINITIONS.—In this section—
19 (1) the term ‘‘covered printed circuit board’’
20 means any printed circuit board that is a—
21 (A) noncommercial item; or
22 (B) commercial or commercially available
23 off-the-shelf item that transmits or stores na-
24 tional security sensitive information for—
25 (i) telecommunications;
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1 (ii) data communications;
2 (iii) data storage;
3 (iv) medical applications;
4 (v) networking;
5 (vi) fifth-generation cellular commu-
6 nications;
7 (vii) computing;
8 (viii) radar;
9 (ix) munitions; or
10 (x) any other system that the Sec-
11 retary of Defense determines should be
12 covered 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
17 of title 10, United States Code; or
18 (C) a nation that has agreed, in compli-
19 ance with section 36 of the Arms Export Con-
20 trol Act (22 U.S.C. 2776) and section 2457 of
21 title 10, United States Code—
22 (i) to comply with agreements with
23 foreign governments requiring the United
24 States to purchase supplies from foreign
25 sources for the purposes of offsetting sales
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1 made by the United States Government or
2 United States firms under approved pro-
3 grams serving defense requirements; or
4 (ii) along with the United States Gov-
5 ernment, to remove barriers to purchases
6 of supplies produced in the other country
7 or services performed by sources of the
8 other country; or
9 (D) any country, other than the People’s
10 Republic of China, the Russian Federation,
11 Iran, or the Democratic People’s Republic of
12 Korea, that the Secretary designates, upon a
13 determination to be published in the Federal
14 Register, that accepting covered printed circuit
15 boards from 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 sec-
21 tion shall be construed to prohibit the Department of De-
22 fense from entering into a contract with an entity that
23 connects to the facilities of a third party, for the purposes
24 of backhaul, roaming, or interconnection arrangements, on
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1 the basis of the third party’s noncompliance with the pro-
2 visions 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 pur-
8 sue the following goals:
9 (1) Ensure, by 2030, secure sources of supply
10 of 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 stra-
15 tegic 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
19 strategic mineral and metal deemed essential to
20 national security by the Secretary of Defense.
21 (2) Provide incentives for the defense industrial
22 base to develop robust processing and manufacturing
23 capabilities in the United States to refine strategic
24 minerals and metals for Department of Defense pur-
25 poses.
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1 (3) Maintain secure sources of supply of stra-
2 tegic minerals and metals required to maintain cur-
3 rent military requirements in the event that inter-
4 national supply chains are disrupted.
5 (4) Achieve the goals described in paragraphs
6 (1) 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 Com-
22 mittees on Armed Services of the Senate and the House
23 of Representatives a report on the results of a study, con-
24 ducted for purposes of this section, concerning strategic
† S 4049 ES
511
1 and critical minerals and metals and vulnerabilities in sup-
2 ply 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
7 defense and national security requirements, including sup-
8 ply chain resiliency, and for the economic security of the
9 United 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 over-
16 all annual tonnage of each strategic or critical min-
17 eral or metal identified pursuant to paragraph (1)
18 that was utilized by the Department during the 10-
19 year period ending on December 31, 2020.
20 (3) Identify domestic and international sources
21 for the strategic and critical minerals and metals
22 identified pursuant to paragraph (1).
23 (4) Identify risks to access to the strategic and
24 critical minerals and metals identified pursuant to
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1 paragraph (1) from supply chain disruptions due to
2 geopolitical, economic, and other vulnerabilities.
3 (5) Evaluate the benefits of a robust domestic
4 supply chain for providing strategic and critical min-
5 erals and metals to Department manufacturing sup-
6 ply chains in real time.
7 (6) Evaluate the effects of the use of waivers by
8 the Department of Defense Strategic Materials Pro-
9 tection Board on the domestic supply of strategic
10 and critical minerals and metals.
11 (7) Recommend policies and procedures for the
12 Department to ensure a capability to secure stra-
13 tegic and critical minerals and metals necessary for
14 emerging technologies such as anti-microbial prod-
15 ucts, minerals, and metals for use in medical equip-
16 ment 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
20 minerals and metals identified pursuant to para-
21 graph (1).
22 (9) Evaluate the domestic processing and man-
23 ufacturing capacity needed to supply the Depart-
24 ment with the strategic and critical minerals and
† S 4049 ES
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1 metals identified pursuant to paragraph (1) in an
2 economic and secure manner.
3 (10) In consultation with the United States Ge-
4 ological Survey, identify domestic locations already
5 verified to contain large supplies of strategic and
6 critical minerals and metals identified pursuant to
7 paragraph (1) with existing commercial manufac-
8 turing 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)
13 shall be submitted in unclassified form, but may include
14 a classified annex.
15 SEC. 811. STABILIZATION OF SHIPBUILDING INDUSTRIAL
16 BASE WORKFORCE.
17 (a) SENSE OF CONGRESS.—It is the sense of Con-
18 gress that the Department of the Navy must explore and
19 identify solutions, in consultation with the Department of
20 Labor, to enhance shipbuilding workforce stability and en-
21 sure industry preparedness to construct the 355-ship fleet.
22 (b) WORKING GROUP TO STABILIZE SHIPBUILDING
23 INDUSTRIAL BASE WORKFORCE.—
24 (1) IN GENERAL.—The Secretary of the Navy
25 shall form a working group with the Secretary of
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1 Labor for the purpose of enhancing integration of
2 programs, resources, and expertise to strengthen the
3 shipbuilding industrial base, as well as to provide
4 recommendations to Congress, to better stabilize the
5 shipbuilding industrial base workforce and determine
6 appropriate solutions for workforce fluctuations.
7 (2) DUTIES.—The working group shall carry
8 out the following activities related to the ongoing
9 challenges 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
20 shipbuilding industrial base workforce during
21 times of workload fluctuations and workforce
22 instability, and explore potential partnerships to
23 connect employees with appropriate resources.
24 (C) Explore possible cost sharing agree-
25 ments to enable the Department of the Navy to
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1 contribute funding to existing Department of
2 Labor workforce programs to support the ship-
3 building workforce.
4 (D) Examine possible programs that will
5 specifically assist furloughed employees who
6 may sporadically rely on unemployment bene-
7 fits.
8 (E) Explore opportunities for unemployed,
9 underemployed, or furloughed employees to pro-
10 vide workforce training through temporary
11 partnerships with States, technical schools,
12 community colleges, and other local workforce
13 development opportunities.
14 (F) Review existing training programs for
15 the shipbuilding workforce to maximize relevant
16 and necessary training opportunities that would
17 broaden employee skillset during times of un-
18 employment, underemployment, or furlough,
19 where applicable.
20 (G) Assess the possibility of shipbuilding
21 worker support programs to weather a period of
22 unemployment, underemployment, or furlough,
23 including compensation options, alternative em-
24 ployment, temporary stipends, or other worker
25 support opportunities.
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1 (H) Study cross-State credentialing re-
2 quirements and identify any restrictions that in-
3 hibit the flexibility of the shipbuilding workforce
4 to seek employment opportunities across State
5 lines, and make recommendations to streamline
6 licensing, credentialing, certification, and quali-
7 fication requirements within the shipbuilding in-
8 dustry.
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
17 the shipbuilding industrial base, and assess any
18 additional 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
24 a totality of shipbuilding demands.
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1 (L) Consider potential pilot programs that
2 will specifically address shipbuilding industrial
3 base workforce stability.
4 (M) Explore any additional opportunities
5 to invest in recruiting, retaining, and training a
6 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
14 ESTABLISHMENT AND STRUCTURE.—Not later than
15 90 days after the date of the enactment of this Act,
16 the Secretary of the Navy, in coordination with the
17 Secretary of Labor, shall notify the congressional de-
18 fense committees regarding the membership and
19 structure 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
22 the Navy, in consultation with the Secretary of
23 Labor, shall submit to the congressional defense
24 committees, the Committee on Health, Education,
25 Labor, and Pensions of the Senate, and the Com-
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1 mittee on Education and Labor of the House of
2 Representatives a report with the findings and rec-
3 ommendations of the working group.
4 SEC. 812. MISCELLANEOUS LIMITATIONS ON THE PRO-
5 CUREMENT OF GOODS OTHER THAN UNITED
6 STATES GOODS.
7 Section 2534 of title 10, United States Code, is
8 amended—
9 (1) in subsection (a)—
10 (A) by striking paragraphs (2) through
11 (5);
12 (B) by inserting after paragraph (1) the
13 following new paragraph:
14 ‘‘(2) COMPONENTS FOR NAVAL VESSELS.—
15 ‘‘(A) Vessel propellers with a diameter of
16 six feet or more.
17 ‘‘(B) The following components of vessels,
18 to the extent they are unique to marine applica-
19 tions: gyrocompasses, electronic navigation
20 chart systems, steering controls, propulsion and
21 machinery control systems, and totally enclosed
22 lifeboats.’’;
23 (C) by redesignating paragraph (6) as
24 paragraph (3); and
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1 (D) in paragraph (3), as redesignated by
2 subparagraph (C), by striking ‘‘(k)’’ and insert-
3 ing ‘‘(j)’’;
4 (2) in subsection (b)—
5 (A) by striking paragraph (2) and redesig-
6 nating paragraph (3) as paragraph (2); and
7 (B) in paragraph (2), as redesignated by
8 subparagraph (A), by striking ‘‘subsection
9 (a)(3)(A)(iii)’’ and inserting ‘‘subsection
10 (a)(2)(A)’’;
11 (3) in subsection (c)—
12 (A) by striking ‘‘ITEMS.’’ and all that fol-
13 lows through ‘‘Subsection (a) does not apply’’
14 in 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 ‘‘Acquisi-
24 tion, Technology, and Logistics’’ and inserting ‘‘Ac-
25 quisition and Sustainment’’;
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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 De-
8 fense who approves a contract for a national security sat-
9 ellite after October 1, 2021, shall require any star tracker
10 system included in the design of such national security
11 satellite to 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
19 sourced star tracker system is unreasonably priced
20 based on a market survey; or
21 (3) an urgent and compelling national security
22 need exists to necessitate a foreign-made star track-
23 er.
24 (c) NATIONAL SECURITY SATELLITE DEFINED.— In
25 this section, ‘‘national security satellite’’ is a satellite the
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1 principle purpose of which is to support the national secu-
2 rity needs of the United States Government.
3 SEC. 814. MODIFICATION TO SMALL PURCHASE THRESH-
4 OLD EXCEPTION TO SOURCING REQUIRE-
5 MENTS 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
11 for an amount greater than $150,000 may not be divided
12 into several purchases or contracts for lesser amounts in
13 order to qualify for this exception. On October 1 of each
14 year evenly divisible by 5, the Secretary of Defense may
15 adjust the dollar threshold in this subsection based on
16 changes in the Consumer Price Index. The Secretary shall
17 publish notice of any such adjustment in the Federal Reg-
18 ister, and the new price threshold shall take effect on the
19 date of publication.’’.
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1 Subtitle B—Acquisition Policy and
2 Management
3 SEC. 831. REPORT ON ACQUISITION RISK ASSESSMENT AND
4 MITIGATION AS PART OF ADAPTIVE ACQUISI-
5 TION FRAMEWORK IMPLEMENTATION.
6 (a) SERVICE ACQUISITION EXECUTIVES INPUT.—
7 The Service Acquisition Executives shall report to the Sec-
8 retary of Defense, the Under Secretary of Defense for Ac-
9 quisition and Sustainment, the Under Secretary of De-
10 fense for Research and Engineering, and the Chief Infor-
11 mation Officer of the Department of Defense how they
12 are assessing, mitigating, and reporting on the following
13 risks in acquisition programs:
14 (1) Technical risks in engineering, software,
15 manufacturing and testing.
16 (2) Integration and interoperability risks, in-
17 cluding complications related to systems working
18 across multiple domains while using machine learn-
19 ing and artificial intelligence capabilities to continu-
20 ously change and optimize system performance.
21 (3) Operations and sustainment risks, including
22 as mediated by access to technical data and intellec-
23 tual property rights.
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1 (4) Workforce and training risks, including con-
2 sideration of the role of contractors as part of the
3 total workforce.
4 (5) Supply chain risks, including cybersecurity,
5 foreign control and ownership of key elements of
6 supply chains, and the consequences a fragile and
7 weakening defense industrial base, combined with
8 barriers to industrial cooperation with allies and
9 partners pose for delivering systems and technologies
10 in a trusted and assured manner.
11 (b) REPORT TO CONGRESS.—Not later than March
12 31, 2021, the Under Secretary of Defense for Acquisition
13 and Sustainment shall submit to the congressional defense
14 committees 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 re-
18 spect to the matters described in paragraphs (1)
19 through (5) of such subsection.
20 SEC. 832. COMPTROLLER GENERAL REPORT ON IMPLE-
21 MENTATION OF SOFTWARE ACQUISITION RE-
22 FORMS.
23 (a) IN GENERAL.—Not later than March 15, 2021,
24 the Comptroller General of the United States shall brief
25 the congressional defense committees on the implementa-
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1 tion by the Department of Defense of required acquisition
2 reforms with respect to acquiring software for weapon sys-
3 tems, business systems, and other activities that are part
4 of the defense acquisition system, with a report, or re-
5 ports, to follow as agreed upon by the committees and the
6 Comptroller General.
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 im-
10 plemented requirements related to the following:
11 (1) Software acquisition studies and their im-
12 plementation, including pursuant to section 872 of
13 the National Defense Authorization Act for Fiscal
14 Year 2018 (Public Law 115–91; Defense Innovation
15 Board analysis of software acquisition regulations),
16 section 868 of the John S. McCain National Defense
17 Authorization Act for Fiscal Year 2019 (Public Law
18 115–232; implementation of recommendations of the
19 final report of the Defense Science Board Task
20 Force on the Design and Acquisition of Software for
21 Defense Systems).
22 (2) Software acquisition activities pursuant to
23 section 2322a of title 10, United States Code (re-
24 lated to consideration of certain maters during the
25 acquisition of noncommercial computer software),
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1 section 875 of the National Defense Authorization
2 Act for Fiscal Year 2018 (Public Law 115–91; pilot
3 program for open source software), and section 800
4 of the National Defense Authorization Act for Fiscal
5 Year 2020 (Public Law 116–92, related to contin-
6 uous integration and delivery of software applica-
7 tions and upgrades to embedded systems).
8 (3) Software acquisition pilots, including the
9 pilot program pursuant to section 873 of the Na-
10 tional Defense Authorization Act for Fiscal Year
11 2018 (Public Law 115–91; relating to the use of
12 agile or iterative development methods to tailor
13 major software-intensive warfighting systems and
14 defense business systems) and the pilot program
15 pursuant to section 874 of such Act (relating to
16 using agile best practices for software development).
17 (c) ASSESSMENT OF ACQUISITION POLICY, GUID-
18 ANCE, AND PRACTICES.—Each report under subsection
19 (a) should include an assessment of the extent to which
20 Department of Defense software acquisition policy, guid-
21 ance, and practices reflect implementation of relevant rec-
22 ommendations from related studies, pilot programs, and
23 directives from the congressional defense committees.
24 (d) MODIFICATION OF REQUIREMENTS FOR COMP-
25 TROLLER GENERAL ASSESSMENT OF ACQUISITION PRO-
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1 GRAMS AND INITIATIVES.—Section 2229b(b)(2) of title
2 10, United States Code, is amended by striking ‘‘a sum-
3 mary of organizational and legislative changes and emerg-
4 ing assessment methodologies since the last assessment,
5 and a discussion of the implications’’ and inserting ‘‘a dis-
6 cussion of selected organizational, policy, and legislative
7 changes, as determined appropriate by the Comptroller
8 General, and 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 Gen-
14 eral Contracting Authorities,
15 Procedures, 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
23 end the following new section:
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1 ‘‘§ 2380c. Authority to acquire innovative commercial
2 products and services using general solic-
3 itation competitive procedures
4 ‘‘(a) AUTHORITY.—The Secretary of Defense may ac-
5 quire innovative commercial products and services through
6 a competitive selection of proposals resulting from a gen-
7 eral 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
14 using the authority under subsection (a) without a written
15 determination from the Under Secretary of Defense for
16 Acquisition and Sustainment or the relevant service acqui-
17 sition executive of the efficacy of the effort to meet mission
18 needs of the Department of Defense or the relevant mili-
19 tary department.
20 ‘‘(2) Contracts or agreements entered into using the
21 authority under subsection (a) shall be fixed-price, includ-
22 ing fixed-price incentive fee contracts.
23 ‘‘(3) Notwithstanding section 2376(1) of this title,
24 products and services acquired using the authority under
25 subsection (a) shall be treated as commercial products and
26 services.
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1 ‘‘(d) CONGRESSIONAL NOTIFICATION REQUIRED.—
2 (1) Not later than 45 days after the award of a contract
3 for an amount exceeding $100,000,000 using the author-
4 ity in subsection (a), the Secretary of Defense shall notify
5 the congressional defense committees of such award.
6 ‘‘(2) Notice of an award under paragraph (1) shall
7 include 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
19 term ’innovative’ means—
20 ‘‘(1) any technology, process, or method, includ-
21 ing research and development, that is new as of the
22 date of submission of a proposal; or
23 ‘‘(2) any application that is new as of the date
24 of submission of a proposal of a technology, process,
25 or method existing as of such date.’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec-
2 tions at the beginning of chapter 140 of title 10,
3 United States Code, is amended by inserting after
4 the item relating to section 2380b the following new
5 item:
‘‘2380c. Authority to acquire innovative commercial products and services using
general solicitation competitive procedures.’’.
6 (b) REPEAL OF OBSOLETE AUTHORITY.—Section
7 879 of the National Defense Authorization Act for Fiscal
8 Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note)
9 is hereby repealed.
10 SEC. 842. TRUTH IN NEGOTIATIONS ACT THRESHOLD FOR
11 DEPARTMENT OF DEFENSE CONTRACTS.
12 Section 2306a(a)(1) of title 10, United States Code,
13 is amended—
14 (1) in subparagraph (B), by striking ‘‘contract
15 if’’ and all that follows through clause (iii) and in-
16 serting ‘‘contract if the price adjustment is expected
17 to exceed $2,000,000.’’;
18 (2) in subparagraph (C), by striking ‘‘section
19 and—’’ and all that follows through clause (iii) and
20 inserting ‘‘section and the price of the subcontract
21 is expected to exceed $2,000,000.’’; and
22 (3) in subparagraph (D), by striking ‘‘sub-
23 contract if—’’ and all that follows through clause
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1 (ii) and inserting ‘‘subcontract if the price adjust-
2 ment is expected to exceed $2,000,000.’’.
3 SEC. 843. REVISION OF PROOF REQUIRED WHEN USING AN
4 EVALUATION FACTOR FOR DEFENSE CON-
5 TRACTORS EMPLOYING OR SUBCON-
6 TRACTING WITH MEMBERS OF THE SE-
7 LECTED RESERVE OF THE RESERVE COMPO-
8 NENTS OF THE ARMED FORCES.
9 Section 819 of the National Defense Authorization
10 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat.
11 3385; 10 U.S.C. 2305 note) is amended—
12 (1) by striking subsection (b); and
13 (2) by redesignating subsection (c) as sub-
14 section (b).
15 SEC. 844. CONTRACT AUTHORITY FOR ADVANCED DEVEL-
16 OPMENT OF INITIAL OR ADDITIONAL PROTO-
17 TYPE UNITS.
18 (a) IN GENERAL.—Section 2302e of title 10, United
19 States Code, is amended—
20 (1) in the heading, by striking ‘‘advanced
21 development’’ and inserting ‘‘development
22 and demonstration’’; and
23 (2) in subsection (a)(1), by striking ‘‘provision
24 of advanced component development, prototype,’’
25 and inserting ‘‘development and demonstration’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections
2 at the beginning of chapter 137 of title 10, United States
3 Code, is amended by striking the item relating to section
4 2302e and inserting the following new item:
‘‘2302e. Contract authority for development and demonstration of initial or ad-
ditional prototype units.’’.
5 SEC. 845. DEFINITION OF BUSINESS SYSTEM DEFICIENCIES
6 FOR CONTRACTOR BUSINESS SYSTEMS.
7 Section 893 of the Ike Skelton National Defense Au-
8 thorization Act for Fiscal Year 2011 (Public Law 111–
9 383; 10 U.S.C. 2302 note) is amended—
10 (1) by striking ‘‘significant deficiencies’’ both
11 places it appears and inserting ‘‘material weak-
12 nesses’’;
13 (2) by striking ‘‘significant deficiency’’ each
14 place it appears and inserting ‘‘material weakness’’;
15 and
16 (3) by amending paragraph (4) of subsection
17 (g) to read as follows:
18 ‘‘(4) The term ‘material weakness’ means a de-
19 ficiency, or combination of deficiencies, in internal
20 control over risks related to Government contract
21 compliance or other shortcomings in the system,
22 such that there is a reasonable possibility that a ma-
23 terial noncompliance will not be prevented, or de-
24 tected and corrected, on a timely basis. A reasonable
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1 possibility exists when the likelihood of an event oc-
2 curring is either reasonably possible, meaning the
3 chance of the future event occurring is more than
4 remote but less than likely, or is probable.’’.
5 SEC. 846. REPEAL OF PILOT PROGRAM ON PAYMENT OF
6 COSTS FOR DENIED GOVERNMENT ACCOUNT-
7 ABILITY OFFICE BID PROTESTS.
8 Section 827 of the National Defense Authorization
9 Act for Fiscal Year 2018 (Public Law 115–91) is re-
10 pealed.
11 Subtitle D—Provisions Relating to
12 Major Defense Acquisition Pro-
13 grams
14 SEC. 861. IMPLEMENTATION OF MODULAR OPEN SYSTEMS
15 ARCHITECTURE REQUIREMENTS.
16 (a) REQUIREMENTS FOR INTERFACE DELIVERY.—
17 (1) IN GENERAL.—Not later than one year
18 after the date of the enactment of this Act, the
19 Under Secretary of Defense for Acquisition and
20 Sustainment, in coordination with the Joint All Do-
21 main Command and Control Cross Functional Team
22 under the supervision of the Department of Defense
23 Chief Information Officer and the Joint Staff Direc-
24 tor for Command, Control, Communications, and
25 Computers/Cyber, shall prescribe regulations and
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1 issue guidance to the military services, defense agen-
2 cies and field activities, and combatant commands,
3 as appropriate, in order to—
4 (A) facilitate the Department of Defense’s
5 access to and utilization of system, major sub-
6 system, and major component software-defined
7 interfaces;
8 (B) fully meet the intent of chapter 144B
9 of title 10, United States Code; and
10 (C) advance the Department’s efforts to
11 generate diverse and recomposable kill chains.
12 (2) ELEMENTS.—The regulations and guidance
13 required in subsection (a)(1) shall include, at a min-
14 imum—
15 (A) requirements that each relevant pro-
16 gram office characterizes the desired modularity
17 of the system for which it is responsible, either,
18 in the case of major defense acquisition pro-
19 grams, in the acquisition strategy required
20 under section 2431a of title 10, United States
21 Code, or, in the case of other programs, via
22 other documentation, including—
23 (i) specification of which system,
24 major subsystems, and major components
25 should be able to execute without requiring
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1 coincident execution of other systems,
2 major subsystems, and major components;
3 (ii) a default configuration specifying
4 which systems, major subsystems, and
5 major components should communicate
6 with other systems, major subsystems, and
7 major components; and
8 (iii) specification of what information
9 should be communicated, the method of
10 the communication, and the desired func-
11 tion of the communication;
12 (B) requirements that relevant Depart-
13 ment of Defense contracts include mandates for
14 the delivery of system, major subsystem, and
15 major component software-defined interfaces
16 for systems, major subsystems, and major com-
17 ponents deemed relevant in the acquisition
18 strategy or documentation referred to in sub-
19 section (a)(2)(a), including—
20 (i) software-defined interface syntax
21 and properties, specifically governing how
22 values are validly passed and received be-
23 tween major subsystems and components,
24 in machine-readable format;
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1 (ii) a machine-readable definition of
2 the relationship between the delivered
3 interface and existing common standards
4 or interfaces available in the interface re-
5 pository of subsection (c), if appropriate
6 and available, using interface field trans-
7 form technology developed under the De-
8 fense Advanced Research Projects Agency
9 System of Systems Technology Integration
10 Tool Chain for Heterogeneous Electronic
11 Systems (STITCHES) program or tech-
12 nology that is functionally similar; and
13 (iii) documentation with functional de-
14 scriptions of software-defined interfaces,
15 conveying semantic meaning of interface
16 elements, such as the function of a given
17 interface field;
18 (C) requirements that relevant program of-
19 fices, including those responsible for maintain-
20 ing and upgrading legacy systems, that have
21 awarded contracts that do not include the re-
22 quirements specified in subparagraph (B) of
23 paragraph (2) nevertheless acquire the items
24 specified in clauses (i) through (iii) of such sub-
25 paragraph, either through contractual updates,
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1 separate negotiations or contracts, or program
2 management mechanisms; and
3 (D) requirements that program offices de-
4 liver these interfaces and the associated docu-
5 mentation to the controlled repository estab-
6 lished under subsection (c).
7 (3) APPLICABILITY OF REGULATIONS AND
8 GUIDANCE.—
9 (A) APPLICABILITY.—The regulations and
10 guidance required under subsection (a)(1) shall
11 apply, at a minimum, to program offices re-
12 sponsible for the prototyping, acquisition, or
13 sustainment of new or existing cyber-physical
14 weapon systems with software-defined inter-
15 faces, or with major subsystems or components
16 with software-defined interfaces, developed or to
17 be developed, wholly or in part with Federal
18 funds, including those applicable program of-
19 fices using other transaction authorities (OTA).
20 (B) EXTENSION OF SCOPE.—One year
21 after the promulgation of the regulations and
22 guidance required under subsection (a)(1) for
23 cyber-physical systems, the Under Secretary of
24 Defense for Acquisition and Sustainment shall
25 extend the regulations and guidance to apply to
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1 purely software systems, including business sys-
2 tems and cybersecurity systems. The Secretary
3 may make the regulations and guidance appli-
4 cable, as practicable, to program offices respon-
5 sible for the acquisition of systems and capabili-
6 ties under part 12 of the Federal Acquisition
7 Regulation and commercially available off the-
8 the-shelf items.
9 (C) INCLUSION OF SUBSYSTEMS AND COM-
10 PONENTS.—The major subsystems and compo-
11 nents covered under paragraph (2)(A) shall in-
12 clude all subsystems and components covered by
13 contract line items.
14 (b) RIGHTS IN INTERFACE SOFTWARE.—
15 (1) REGULATIONS.—Not later than one year
16 after the date of the enactment of this Act, the
17 Under Secretary of Defense for Acquisition and
18 Sustainment shall prescribe regulations to define the
19 legitimate interest of the United States and of a
20 contractor or subcontractor in interface software.
21 The regulations shall be included in regulations of
22 the Department of Defense prescribed as part of the
23 Defense Supplement to the Federal Acquisition Reg-
24 ulation.
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1 (2) LIMITATION ON REGULATIONS.—The regu-
2 lations prescribed pursuant to paragraph (1) may
3 not—
4 (A) impair any right of the United States
5 or of any contractor or subcontractor with re-
6 spect to patents or copyrights or any other
7 right in software otherwise established by law;
8 or
9 (B) impair the right of a contractor or
10 subcontractor to receive from a third party a
11 fee or royalty for the use of software pertaining
12 to an item or process developed exclusively at
13 private expense by the contractor or subcon-
14 tractor, except as otherwise specifically provided
15 by law.
16 (3) ELEMENTS.—Such regulations shall include
17 the following provisions:
18 (A) In the case of a software interface that
19 is developed by a contractor or subcontractor
20 exclusively with Federal funds (other than an
21 item developed under a contract or subcontract
22 to which regulations under section 9(j)(2) of
23 the Small Business Act (15 U.S.C. 638(j)(2))
24 apply), the United States shall have the unlim-
25 ited and non-expiring right to use the software
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1 or release or disclose the software to persons
2 outside the government or permit the use of the
3 software by such persons.
4 (B) In the case of a software interface that
5 is developed in part with Federal funds and in
6 part at private expense and except in any case
7 in which the Secretary of Defense determines
8 that negotiation of different rights in such soft-
9 ware would be in the best interest of the United
10 States, the Government—
11 (i) shall have Government-purpose
12 rights to the software interface, and, in ad-
13 dition, may release or disclose the software
14 interface, or authorize others to do so, if—
15 (I) prior to release or disclosure,
16 the intended recipient is subject to an
17 exclusive for-Government-use and
18 non-disclosure agreement;
19 (II) the intended recipient is a
20 Government contractor receiving ac-
21 cess to the interface for the perform-
22 ance of a Government contract; and
23 (III) the intended use is for the
24 purpose of system, major subsystem,
25 and major component segregation,
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540
1 interoperability, integration, or re-
2 integration; and
3 (ii) may not use, or authorize other
4 persons to use, interface software for com-
5 mercial purposes.
6 (C) In the case of a software interface that
7 is developed exclusively at private expense, the
8 Government shall negotiate with the contractor
9 or the subcontractor to best achieve, if prac-
10 tical, Government-purpose rights to the soft-
11 ware interface and rights to release or disclose
12 the software interface, or authorize others to do
13 so, if—
14 (i) prior to release or disclosure, the
15 intended recipient is subject to an exclusive
16 for-Government use and non-disclosure
17 agreement;
18 (ii) the intended recipient is a Govern-
19 ment contractor receiving access to the
20 interface for the performance of a Govern-
21 ment contract; and
22 (iii) the intended use is for the pur-
23 pose of system, major subsystem, and
24 major component segregation, interoper-
25 ability, integration and reintegration.
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1 (c) INTERFACE REPOSITORY.—
2 (1) ESTABLISHMENT.—The Under Secretary of
3 Defense for Acquisition and Sustainment shall es-
4 tablish and maintain, at the appropriate classifica-
5 tion level, an interface repository for interfaces, syn-
6 tax and properties, documentation, and communica-
7 tion implementations delivered pursuant to the re-
8 quirements established under subsection (a)(2)(B)
9 and shall provide interfaces, access to interfaces, and
10 relevant documentation to the military services, de-
11 fense agencies and field activities, combatant com-
12 mands, and contractors, as appropriate, to facilitate
13 system, major subsystem, and major component seg-
14 regation and reintegration.
15 (2) DISTRIBUTION OF INTERFACES.—Con-
16 sistent with section 2320 of title 10, United States
17 Code, and in accordance with subsection (b), the
18 Under Secretary of Defense for Acquisition and
19 Sustainment may distribute interfaces, access to
20 interfaces, and relevant documentation to Govern-
21 ment entities and contractors. Any such protected
22 transfer or disclosure by the Government to a recipi-
23 ent is limited to only those data necessary for seg-
24 regation, interoperability, integration, or reintegra-
25 tion.
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1 (d) SYSTEM OF SYSTEMS INTEGRATION TECH-
2 NOLOGY AND EXPERIMENTATION.—
3 (1) DEMONSTRATIONS AND ASSESSMENT.—No
4 later than one year after the date of the enactment
5 of this Act, the Joint Staff Director for Command,
6 Control, Communications, and Computers/Cyber and
7 Department of Defense Chief Information Officer,
8 through the Joint All Domain Command and Con-
9 trol Cross Functional Team, shall conduct dem-
10 onstrations and complete an assessment of the tech-
11 nologies developed under the Defense Advanced Re-
12 search Projects Agency’s System of Systems Inte-
13 gration Technology and Experimentation program,
14 including the STITCHES technology, and their ap-
15 plicability to the Joint All-Domain Command and
16 Control architecture. The demonstrations and as-
17 sessment shall include—
18 (A) at least three demonstrations of the
19 use of the STITCHES technology to create,
20 under constrained schedules and budgets, novel
21 kill chains involving previously incompatible
22 weapon systems, sensors, and command, con-
23 trol, and communication systems from multiple
24 military services in cooperation with United
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1 States Indo-Pacific Command or United States
2 European Command;
3 (B) an evaluation as to whether the com-
4 munications enabled via the STITCHES tech-
5 nology are sufficient for military missions and
6 whether the technology results in any substan-
7 tial performance loss in communication between
8 systems, major subsystems, and major compo-
9 nents;
10 (C) an evaluation as to whether the
11 STITCHES technology obviates the need to de-
12 velop, impose, and maintain strict adherence to
13 common communication and interface stand-
14 ards for Department of Defense systems;
15 (D) the appropriate roles and responsibil-
16 ities of the Department of Defense Chief Infor-
17 mation Officer, the Under Secretary of Defense
18 for Acquisition and Sustainment, the geo-
19 graphic combatant commands, the military
20 services, the Defense Advanced Research
21 Projects Agency, and the defense industrial
22 base in using and maintaining the STITCHES
23 technology to generate diverse and
24 recomposable kill chains as part of the Joint
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1 All-Domain Command and Control architecture;
2 and
3 (E) coordination with the program man-
4 ager for the Time Sensitive Targeting Defeat
5 program under the Under Secretary of Defense
6 for Research and Engineering and the Under
7 Secretary of Defense for Intelligence.
8 (2) CHIEF INFORMATION OFFICER ASSESS-
9 MENT.—The Department of Defense Chief Informa-
10 tion Officer shall assess the technologies developed
11 under the Defense Advanced Research Projects
12 Agency’s System of Systems Integration Technology
13 and Experimentation program, including the
14 STITCHES interface field transform technology,
15 and their applicability to the Department’s business
16 systems and cybersecurity tools. This assessment
17 shall include—
18 (A) at least two demonstrations of the use
19 of the STITCHES technology in enabling com-
20 munication between business systems;
21 (B) in coordination with the Cross Func-
22 tional Team under the Principal Cyber Adviser
23 and the Integrated Adaptive Cyber Defense
24 program office of the National Security Agency,
25 at least two demonstrations of the use of the
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1 STITCHES technology in enabling communica-
2 tion between and orchestration of previously in-
3 compatible cybersecurity tools; and
4 (C) an evaluation as to how the STITCH-
5 ES technology could be used in concert with or
6 instead of existing cybersecurity standards,
7 frameworks, and technologies designed to en-
8 able communication across cybersecurity tools.
9 (3) SUSTAINMENT OF STITCHES ENGINEERING
10 RESOURCES AND CAPABILITIES DEVELOPED BY
11 DARPA.—To conduct the demonstrations and assess-
12 ments required under this subsection and to execute
13 the Joint All Domain Command and Control pro-
14 gram, the Joint All Domain Command and Control
15 program office shall sustain the STITCHES engi-
16 neering resources and capabilities developed by the
17 Defense Advanced Research Projects Agency.
18 (e) TRANSFER OF RESPONSIBILITY FOR STITCH-
19 ES.—One year after the date of enactment of this Act,
20 the Secretary of Defense may transfer responsibility for
21 maintaining the STITCHES engineering capabilities to a
22 different organization.
23 (f) DEFINITIONS.—In this section:
24 (1) DESIRED MODULARITY.—The term ‘‘desired
25 modularity’’ means the desired degree to which sys-
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1 tems, major constitutive subsystems and components
2 within a system, and major subsystems and compo-
3 nents across subsystems can function as modules
4 that can communicate across component boundaries
5 and through interfaces and can be separated and re-
6 combined to achieve various effects, missions, or ca-
7 pabilities.
8 (2) MACHINE-READABLE FORMAT.—The term
9 ‘‘machine-readable format’’ means a format that can
10 be easily processed by a computer without human
11 intervention.
12 SEC. 862. SUSTAINMENT REVIEWS.
13 (a) ANNUAL SUSTAINMENT REVIEWS.—Section
14 2441(a) of title 10, United States Code, is amended by
15 inserting ‘‘annually thereafter’’ before ‘‘throughout the life
16 cycle of the weapon system’’.
17 (b) SUBMISSION TO CONGRESS OF SUSTAINMENT
18 REVIEWS.—Section 2441 of title 10, United States Code,
19 is amended by adding at the end the following new sub-
20 section:
21 ‘‘(d) SUBMISSION TO CONGRESS OF SUSTAINMENT
22 REVIEWS.—(1) The Secretary of each military department
23 shall submit no fewer than ten sustainment reviews re-
24 quired by this section to the congressional defense commit-
25 tees annually. The Secretary of each military department
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1 shall select the ten reviews from among the systems with
2 the highest independent cost estimates for the remainder
3 of the life cycle of the program.
4 ‘‘(2) The Secretary shall submit the reviews required
5 under paragraph (1) to the congressional defense commit-
6 tees annually not later than 30 days after submission of
7 the President’s annual budget request to Congress under
8 section 1105 of title 31. The sustainment reviews shall be
9 posted on a publicly available website maintained by the
10 Director of the Cost Assessment and Program Evaluation
11 office and, for those systems with operating and support
12 cost growth, shall include comments from the military de-
13 partments regarding actions being taken to reduce the op-
14 erating and support costs. The reviews may include classi-
15 fied appendices, as appropriate.’’.
16 (c) COMPTROLLER GENERAL STUDY.—Not later
17 than 180 days after the Secretaries of the military depart-
18 ments post the initial sustainment reviews required under
19 paragraph (1) of subsection (d) of section 2441 of title
20 10, United States Code (as added by subsection (b) of this
21 section) on a publicly available website as required under
22 paragraph (2) of such subsection (d), the Comptroller
23 General of the United States shall assess steps the mili-
24 tary departments are taking to quantify and address oper-
† S 4049 ES
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1 ating and support cost growth. The assessment shall in-
2 clude—
3 (1) an evaluation of—
4 (A) the causes of operating and support
5 cost growth for selected systems covered by the
6 sustainment reviews, as well as any other sys-
7 tems the Comptroller General determines ap-
8 propriate;
9 (B) the extent to which the Department
10 has mitigated operating and support cost
11 growth of these systems; and
12 (C) any other issues related to potential
13 operating and support cost growth the Comp-
14 troller General determines appropriate; and
15 (2) any recommendations of the Comptroller
16 General, including steps the military departments
17 could take to reduce operating and support cost
18 growth for fielded weapon systems, as well as lessons
19 learned to be incorporated in future weapon system
20 acquisitions.
21 SEC. 863. RECOMMENDATIONS FOR FUTURE DIRECT SE-
22 LECTIONS.
23 The Secretary of each military department shall pro-
24 vide to the congressional defense committees in the future-
25 years defense program submitted under section 221 of
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1 title 10, United States Code, for fiscal year 2022 a list
2 of at least one acquisition program for which it would be
3 appropriate to have a large number of users provide direct
4 assessment of the outcome of a competitive contract
5 award.
6 SEC. 864. DISCLOSURES FOR CERTAIN SHIPBUILDING
7 MAJOR DEFENSE ACQUISITION PROGRAM OF-
8 FERS.
9 (a) IN GENERAL.—Chapter 137 of title 10, United
10 States Code, is amended by adding at the end the fol-
11 lowing new section:
12 ‘‘§ 2339c. Disclosures for certain shipbuilding major
13 defense acquisition program offers
14 ‘‘(a) GENERAL.—Any covered offeror seeking to be
15 awarded a shipbuilding construction contract as part of
16 a major defense acquisition program with funds from the
17 Shipbuilding and Conversion, Navy account shall disclose
18 with its offer and any subsequent offer revisions, including
19 the final proposal revision offer, whether any part of the
20 offeror’s planned contract performance will or is expected
21 to include foreign government subsidized performance, fi-
22 nancing, financial guarantees, or tax concessions.
23 ‘‘(b) DISCLOSURE.—An offeror shall make a disclo-
24 sure required under subsection (a) in a format prescribed
25 by the Secretary of the Navy and shall include therein a
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1 specific description of the extent to which the offeror’s
2 planned contract performance will include, with or without
3 contingencies, any foreign government subsidized perform-
4 ance, financing, financial guarantees, or tax concessions.
5 ‘‘(c) CONGRESSIONAL NOTIFICATION.—Not later
6 than 5 days after awarding a contract described under
7 subsection (a) to an offeror that made a disclosure under
8 subsection (b), the Secretary of the Navy shall notify the
9 congressional defense committees and summarize such dis-
10 closure.
11 ‘‘(d) DEFINITIONS.—In this section:
12 ‘‘(1) COVERED OFFEROR.—The term ‘covered
13 offeror’ means any offeror that currently requires or
14 may reasonably be expected to require during the
15 period of contract performance a method to mitigate
16 or negate foreign ownership under subsection (f)(6)
17 of part 2004.34 of title 32, Code of Federal Regula-
18 tions.
19 ‘‘(2) FOREIGN GOVERNMENT SUBSIDIZED PER-
20 FORMANCE.—The term ‘foreign government sub-
21 sidized performance’ means any financial support,
22 materiel, services, or guarantees of support, services,
23 supply, performance, or intellectual property conces-
24 sions, that may be provided to or for the offeror or
25 the offeror’s Department of Defense customer by a
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1 foreign government or entity effectively owned or
2 controlled by a foreign government, which may have
3 the effect of supplementing, supplying, servicing, or
4 reducing the cost or price of an end item, or sup-
5 porting, financing in whole or in part, or guaran-
6 teeing contract performance by the offeror.
7 ‘‘(3) MAJOR DEFENSE ACQUISITION PRO-
8 GRAM.—The term ‘major defense acquisition pro-
9 gram’ has the meaning given the term in section
10 2430 of this title.’’.
11 (b) CLERICAL AMENDMENT.—The table of sections
12 at the beginning of chapter 137 of title 10, United States
13 Code, is amended by inserting after the item relating to
14 section 2339b the following new item:
‘‘2339c. Disclosures for certain shipbuilding major defense acquisition program
offers.’’.
15 Subtitle E—Small Business Matters
16 SEC. 871. PROMPT PAYMENT OF CONTRACTORS.
17 Section 2307(a)(2) of title 10, United States Code,
18 is amended—
19 (1) in subparagraph (A), by striking ‘‘if a spe-
20 cific payment date is not established by contract’’;
21 and
22 (2) in subparagraph (B), by striking ‘‘if—’’ and
23 all that follows through ‘‘the prime contractor
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1 agrees’’ in clause (ii) and inserting ‘‘if the prime
2 contractor agrees or proposes’’.
3 SEC. 872. EXTENSION OF PILOT PROGRAM FOR STREAM-
4 LINED AWARDS FOR INNOVATIVE TECH-
5 NOLOGY PROGRAMS.
6 Section 873(f) of the National Defense Authorization
7 Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C.
8 2306a) is amended by striking ‘‘2020’’ and inserting
9 ‘‘2023’’.
10 SEC. 873. REPORTING REQUIREMENTS.
11 Section 9(b) of the Small Business Act (15 U.S.C.
12 638(b)) is amended—
13 (1) in paragraph (7)—
14 (A) in subparagraph (F), by striking
15 ‘‘and’’ at the end;
16 (B) in subparagraph (G), by adding ‘‘and’’
17 at the end; and
18 (C) by adding at the end the following:
19 ‘‘(H) with respect to a Federal agency to
20 which subsection (f)(1) or (n)(1) applies, wheth-
21 er the Federal agency has satisfied the require-
22 ment under each applicable subsection for the
23 year covered by the report;’’;
24 (2) in paragraph (9), by striking ‘‘and’’ at the
25 end;
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1 (3) in paragraph (10), by striking the period at
2 the end and inserting ‘‘; and’’; and
3 (4) by adding at the end the following:
4 ‘‘(11) with respect to a Federal agency to which
5 subsection (f)(1) or (n)(1) applies and that the Ad-
6 ministration determines has not satisfied the re-
7 quirement under either applicable subsection, require
8 the head of that Federal agency to submit to the
9 Committee on Small Business and Entrepreneurship
10 of the Senate and the Committee on Small Business
11 of the House of Representatives a report regarding
12 why the Federal agency has not satisfied the re-
13 quirement.’’.
14 Subtitle F—Provisions Related to
15 Software-Driven Capabilities
16 SEC. 881. INCLUSION OF SOFTWARE IN GOVERNMENT PER-
17 FORMANCE OF ACQUISITION FUNCTIONS.
18 (a) INCLUSION OF SOFTWARE.—Section 1706(a) of
19 title 10, United States Code, is amended by adding at the
20 end the following new paragraph:
21 ‘‘(14) Program lead software.’’.
22 (b) TECHNICAL AMENDMENTS.—Section 1706 of
23 such title is further amended—
24 (1) in subsection (a), by striking ‘‘for each
25 major defense acquisition program and each major
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1 automated information system program’’ and insert-
2 ing ‘‘for each acquisition program’’; and
3 (2) by striking subsection (c).
4 SEC. 882. BALANCING SECURITY AND INNOVATION IN SOFT-
5 WARE DEVELOPMENT AND ACQUISITION.
6 (a) REQUIREMENTS FOR SOLICITATIONS OF COM-
7 MERCIAL AND DEVELOPMENTAL SOLUTIONS.—The Under
8 Secretary of Defense for Acquisition and Sustainment, in
9 coordination with the Chief Information Officer of the De-
10 partment of Defense, shall develop requirements for inclu-
11 sion in solicitations for both commercial and develop-
12 mental solutions, and for the evaluation of bids, of appro-
13 priate software security criteria, including—
14 (1) delineation of what processes were or will be
15 used for a secure software development lifecycle, in-
16 cluding management of supply chain and third-party
17 software sources and component risks; and
18 (2) an associated vulnerability management
19 plan or tools.
20 (b) SECURITY REVIEW OF CODE.—The Under Sec-
21 retary of Defense for Acquisition and Sustainment, in co-
22 ordination with the Chief Information Officer of the De-
23 partment of Defense, shall develop processes for security
24 review of code for the purpose of publication and other
25 procedures necessary to fully implement the pilot program
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1 required under section 875 of the National Defense Au-
2 thorization Act for Fiscal Year 2018 (Public Law 115–
3 91; 10 U.S.C. 2223 note).
4 (c) COORDINATION WITH SOFTWARE ACQUISITION
5 PATHWAY EFFORTS.—The requirements and procedures
6 required under subsections (a) and (b) shall be developed
7 in conjunction with the Department of Defense’s efforts
8 to incorporate input and finalize the procedures described
9 in the Interim Procedures for Operation of the Software
10 Acquisition Pathway.
11 SEC. 883. COMPTROLLER GENERAL REPORT ON INTELLEC-
12 TUAL PROPERTY ACQUISITION AND LICENS-
13 ING.
14 (a) IN GENERAL.—Not later than October 1, 2021,
15 the Comptroller General of the United States shall submit
16 to the congressional defense committees a report evalu-
17 ating the implementation of the Department of Defense’s
18 Instruction on Intellectual Property Acquisition and Li-
19 censing (DODI 5010.44), established under section 2322
20 of title 10, United States Code.
21 (b) ELEMENTS.—The report required under sub-
22 section (a) shall assess the following:
23 (1) The extent to which the Department of De-
24 fense is fulfilling the core principles established in
25 DODI 5010.44.
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1 (2) The extent to which the Defense Acquisition
2 University, Department of Defense components, and
3 program offices are carrying out their responsibil-
4 ities under DODI 5010.44.
5 (3) The progress of the Department in estab-
6 lishing an IP Cadre, including the extent to which
7 such experts are executing their roles and respon-
8 sibilities.
9 (4) The performance of the Department in as-
10 sessing and demonstrating the implementation of
11 DODI 5010.44, including the effectiveness of the IP
12 Cadre;
13 (5) The effect implementation of DODI
14 5010.44 has had on particular acquisitions;
15 (6) Any other matters the Comptroller General
16 determines appropriate.
17 SEC. 884. PILOT PROGRAM EXPLORING THE USE OF CON-
18 SUMPTION-BASED SOLUTIONS TO ADDRESS
19 SOFTWARE-INTENSIVE WARFIGHTING CAPA-
20 BILITY.
21 (a) FINDING.—In its final report, the Section 809
22 Panel recommended the adoption of consumption-based
23 approaches at the Department of Defense, stating, ‘‘More
24 things will be sold as a service in the future. XaaS could
25 really mean everything in the context of the Internet of
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1 things (IoT). Consumption-based solutions are appearing
2 in many industry sectors, from last mile transportation
3 (e.g., bike shares and electric scooters) to agriculture (e.g.,
4 tractor-as-a-service for farmers in developing countries).
5 Most smart phone users are familiar with software up-
6 dates that provide bug fixes or new features. A more ex-
7 treme example of technology innovation enabled by the
8 IoT is the ability to deliver physical performance improve-
9 ments to vehicles through over-the-air software up-
10 dates. . . In the not-so-distant future, cloud computing
11 and the IoT will enable consumption-based solution offer-
12 ings and delivery models that are hard to imagine today.’’
13 (b) SENSE OF CONGRESS.—It is the sense of Con-
14 gress—
15 (1) that the Department of Defense should take
16 advantage of ‘‘as-a-service’’ or ‘‘aaS’’ approaches in
17 commercial capability development, particularly
18 where the capability is software-defined, and cloud-
19 enabled;
20 (2) to support the Department of Defense’s
21 commitment to new approaches to development and
22 acquisition of software;
23 (3) that the Department should explore a vari-
24 ety of approaches, to include the use of consump-
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1 tion-based solutions for software-intensive
2 warfighting capability; and
3 (4) that, in conducting activities under the pilot
4 program established under this program, the De-
5 partment should use the Software pathway under
6 the new Adaptive Acquisition Framework.
7 (c) IN GENERAL.—Subject to the availability of ap-
8 propriations, the Secretary of Defense is authorized to es-
9 tablish a pilot program to explore the use of consumption-
10 based solutions to address software-intensive warfighting
11 capability.
12 (d) SELECTION OF INITIATIVES.—The Secretary of
13 each military department and the commander of each
14 combatant command with acquisition authority shall pro-
15 pose for selection by the Secretary of Defense for the pilot
16 program at least one and not more than three initiatives
17 that are well-suited to explore consumption-based solu-
18 tions to address software-intensive warfighting capability.
19 The initiatives may be new or existing programs of record
20 and shall focus on software-defined or machine-enabled
21 warfighting applications, and may include applications
22 that—
23 (1) rapidly analyze sensor data;
24 (2) secure warfighter networks, including multi-
25 level security;
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1 (3) swiftly transport information across various
2 networks and network modalities; or
3 (4) otherwise enable joint all-domain oper-
4 ational concepts, including in a contested environ-
5 ment.
6 (e) CONTRACT REQUIREMENTS.—Contracts for con-
7 sumption-based solutions entered into pursuant to the
8 pilot program shall provide for—
9 (1) the solution to be measurable on a frequent
10 interval customary for the type of solution;
11 (2) the contractor to notify the government
12 when consumption reaches 75 percent and 90 per-
13 cent of the contract funded amount; and
14 (3) discretion for the contracting officer to add
15 new features or capabilities without additional com-
16 petition for the contract, provided that the amount
17 of the new features or capabilities does not exceed
18 25 percent of the total contract value.
19 (f) DURATION OF INITIATIVES.—Each initiative car-
20 ried out under the pilot program shall be carried out dur-
21 ing the three-year period following selection of the initia-
22 tive.
23 (g) MONITORING AND EVALUATION OF PILOT PRO-
24 GRAM.—The Director of the Office of Cost Assessment
25 and Program Evaluation shall establish continuous moni-
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1 toring to evaluate the pilot program established under sub-
2 section (c), including collecting data on cost, schedule, and
3 performance from the program office, the user community,
4 and the contractors.
5 (h) REPORTS.—
6 (1) INITIAL REPORT.—Not later than January
7 31, 2021, the Secretary of Defense shall submit to
8 the congressional defense committees a report on ini-
9 tiatives selected for the pilot program, roles and re-
10 sponsibilities for implementing the pilot program,
11 and the monitoring and evaluation approach for the
12 pilot.
13 (2) PROGRESS REPORT.—Not later than April
14 15, 2021, the Secretary of Defense shall submit to
15 the congressional defense committees a report on the
16 progress of the initiatives.
17 (3) FINAL REPORT.—Not later than 3 years
18 after the date of the enactment of this Act, the Sec-
19 retary of Defense shall submit to the congressional
20 defense committees a report on the cost, schedule,
21 and performance outcomes of the initiatives. The re-
22 port shall also include lessons learned about the use
23 of consumption-based solutions for software-inten-
24 sive capabilities and any recommendations for statu-
25 tory or regulatory changes to facilitate their use.
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1 (i) CONSUMPTION-BASED SOLUTION DEFINED.—In
2 this section, the term ‘‘consumption-based solution’’
3 means any combination of software, hardware or equip-
4 ment, and labor or services that provides a seamless capa-
5 bility that is metered and billed based on actual usage and
6 predetermined pricing per resource unit, and includes the
7 ability to rapidly scale capacity up or down.
8 Subtitle G—Other Matters
9 SEC. 891. SAFEGUARDING DEFENSE-SENSITIVE UNITED
10 STATES INTELLECTUAL PROPERTY, TECH-
11 NOLOGY, AND OTHER DATA AND INFORMA-
12 TION.
13 (a) IN GENERAL.—The Secretary of Defense shall es-
14 tablish, enforce, and track actions being taken to protect
15 defense-sensitive United States intellectual property, tech-
16 nology, and other data and information, including hard-
17 ware and software, from acquisition by the Government
18 of the People’s Republic of China.
19 (b) LIST OF CRITICAL TECHNOLOGY.—The Secretary
20 of Defense shall establish and maintain a list of critical
21 national security technology.
22 (c) RESTRICTIONS ON EMPLOYMENT OF DEFENSE
23 INDUSTRIAL BASE EMPLOYEES WITH CHINESE COMPA-
24 NIES.—The Secretary of Defense shall provide for mecha-
25 nisms to restrict employees or former employees of the de-
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1 fense industrial base that contribute to the technology ref-
2 erenced in subsection (b) from working directly for compa-
3 nies wholly owned by, or under the direction of, the Gov-
4 ernment of the Peoples Republic of China.
5 (d) REPORTS.—
6 (1) DEPARTMENT OF DEFENSE REPORT.—Not
7 later than May 1, 2021, the Secretary of Defense
8 shall submit to the congressional defense committees
9 a report on progress in implementing the measures
10 described in subsections (a) through (c).
11 (2) COMPTROLLER GENERAL REPORT.— Not
12 later than December 1, 2021, the Comptroller Gen-
13 eral of the United States shall submit to the con-
14 gressional defense committees a report reviewing the
15 report submitted under paragraph (1) and providing
16 an assessment of the effectiveness of the measures
17 implemented under this section.
18 (3) FORM.—The reports required under this
19 subsection shall be submitted in unclassified form
20 but may contain classified annexes.
21 SEC. 892. DOMESTIC COMPARATIVE TESTING ACTIVITIES.
22 Section 2350a(g)(1)(A) of title 10, United States
23 Code, is amended by inserting ‘‘and conventional defense
24 equipment, munitions, and technologies manufactured and
25 developed domestically’’ after ‘‘in subsection (a)(2)’’.
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1 SEC. 893. REPEAL OF APPRENTICESHIP PROGRAM.
2 (a) IN GENERAL.—Section 2870 of title 10, United
3 States Code, as added by section 865 of the National De-
4 fense Authorization Act for Fiscal Year 2020 (Public Law
5 116–92), is repealed.
6 (b) CONFORMING AMENDMENTS.—
7 (1) CLERICAL AMENDMENT.—The table of sec-
8 tions at the beginning of subchapter III of chapter
9 169 of title 10, United States Code, is amended by
10 striking the item relating to section 2870.
11 (2) OBSOLETE PROVISION.—Section 865 of the
12 National Defense Authorization Act for Fiscal Year
13 2020 (Public Law 116–92) is repealed.
14 TITLE IX—DEPARTMENT OF DE-
15 FENSE ORGANIZATION AND
16 MANAGEMENT
17 Subtitle A—Office of the Secretary
18 of Defense and Related Matters
19 SEC. 901. ASSISTANT SECRETARY OF DEFENSE FOR SPE-
20 CIAL OPERATIONS AND LOW INTENSITY CON-
21 FLICT AND RELATED MATTERS.
22 (a) IN GENERAL.—
23 (1) CLARIFICATION OF CHAIN OF ADMINISTRA-
24 TIVE COMMAND.—Section 138(b)(2) of title 10,
25 United States Code, is amended—
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564
1 (A) by redesignating clauses (i), (ii), and
2 (iii) of subparagraph (B) as subclauses (I), (II),
3 and (III), respectively;
4 (B) by redesignating subparagraphs (A)
5 and (B) as clauses (i) and (ii), respectively;
6 (C) by inserting ‘‘(A)’’ after ‘‘(2)’’;
7 (D) in clause (i) of subparagraph (A), as
8 redesignated by this paragraph, by inserting be-
9 fore the period at the end the following:
10 ‘‘through the administrative chain of command
11 specified in section 167(f) of this title;’’ and
12 (E) by adding at the end the following new
13 subparagraph:
14 ‘‘(B) In the discharge of the responsibilities specified
15 in subparagraph (A)(i), the Assistant Secretary is imme-
16 diately subordinate to the Secretary of Defense and the
17 Deputy Secretary of Defense. No officer below the Sec-
18 retary or the Deputy Secretary may intervene to exercise
19 authority, direction, or control over the Assistant Sec-
20 retary in the discharge of such responsibilities.’’.
21 (2) TECHNICAL AMENDMENT.—Subparagraph
22 (A) of such section, as redesignated by paragraph
23 (2), is further amended in the matter preceding
24 clause (i), as so redesignated, by striking ‘‘section
25 167(j)’’ and inserting ‘‘section 167(k)’’.
† S 4049 ES
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1 (b) FULFILLMENT OF SPECIAL OPERATIONS RE-
2 SPONSIBILITIES.—
3 (1) IN GENERAL.—Section 139b of title 10,
4 United States Code, is amended to read as follows:
5 ‘‘§ 139b. Secretariat for Special Operations; Special
6 Operations Policy and Oversight Council
7 ‘‘(a) SECRETARIAT FOR SPECIAL OPERATIONS.—
8 ‘‘(1) IN GENERAL.—In order to fulfill the re-
9 sponsibilities of the Assistant Secretary of Defense
10 for Special Operations and Low Intensity Conflict
11 specified in section 138(b)(2)(A)(i) of this title,
12 there shall be within the Office of the Assistant Sec-
13 retary of Defense for Special Operations and Low
14 Intensity Conflict an office to be known as the ‘Sec-
15 retariat for Special Operations’.
16 ‘‘(2) PURPOSE.—The purpose of the Secretariat
17 is to assist the Assistant Secretary in exercising au-
18 thority, direction, and control with respect to the
19 special operations-peculiar administration and sup-
20 port of the special operations command, including
21 the readiness and organization of special operations
22 forces, resources and equipment, and civilian per-
23 sonnel as specified in such section.
24 ‘‘(3) DIRECTOR.—The Director of the Secre-
25 tariat for Special Operations shall be appointed by
† S 4049 ES
566
1 the Secretary of Defense from among individuals
2 qualified to serve as the Director. The Director shall
3 have a grade of Deputy Assistant Secretary of De-
4 fense.
5 ‘‘(4) ADMINISTRATIVE CHAIN OF COMMAND.—
6 For purposes of the support of the Secretariat for
7 the Assistant Secretary in the fulfillment of the re-
8 sponsibilities referred to in paragraph (1), the ad-
9 ministrative chain of command is as specified in sec-
10 tion 167(f) of this title. No officer below the Sec-
11 retary of Defense or the Deputy Secretary of De-
12 fense (other than the Assistant Secretary) may in-
13 tervene to exercise authority, direction, or control
14 over the Secretariat in its support of the Assistant
15 Secretary in the discharge of such responsibilities.
16 ‘‘(b) SPECIAL OPERATIONS POLICY AND OVERSIGHT
17 COUNCIL.—
18 ‘‘(1) IN GENERAL.—In order to fulfill the re-
19 sponsibilities specified in section 138(b)(2)(A)(i) of
20 this title, there shall also be within the Office of the
21 Assistant Secretary of Defense for Special Oper-
22 ations and Low Intensity Conflict a team known as
23 the ‘Special Operation Policy and Oversight Coun-
24 cil’. The team is lead by the Assistant Secretary of
† S 4049 ES
567
1 Defense for Special Operations and Low Intensity
2 Conflict, or the Assistant Secretary’s designee..
3 ‘‘(2) PURPOSE.—The purpose of the Council is
4 to integrate the functional activities of the head-
5 quarters of the Department of Defense in order to
6 most efficiently and effectively provide for special
7 operations forces and capabilities. In fulfilling this
8 purpose, the Council shall develop and continuously
9 improve policy, joint processes, and procedures that
10 facilitate the development, acquisition, integration,
11 employment, and sustainment of special operations
12 forces and capabilities.
13 ‘‘(3) MEMBERSHIP.—The Council shall include
14 the following:
15 ‘‘(A) The Assistant Secretary, who shall
16 act as leader of the Council.
17 ‘‘(B) Appropriate senior representatives of
18 each of the following:
19 ‘‘(i) The Under Secretary of Defense
20 for Research and Engineering.
21 ‘‘(ii) The Under Secretary of Defense
22 for Management and Support.
23 ‘‘(iii) The Under Secretary of Defense
24 (Comptroller).
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568
1 ‘‘(iv) The Under Secretary of Defense
2 for Personnel and Readiness.
3 ‘‘(v) The Under Secretary of Defense
4 for Intelligence.
5 ‘‘(vi) The General Counsel of the De-
6 partment of Defense.
7 ‘‘(vii) The other Assistant Secretaries
8 of Defense under the Under Secretary of
9 Defense for Policy.
10 ‘‘(viii) The military departments.
11 ‘‘(ix) The Joint Staff.
12 ‘‘(x) The United States Special Oper-
13 ations Command.
14 ‘‘(xi) Such other officials or Agencies,
15 elements, or components of the Depart-
16 ment of Defense as the Secretary of De-
17 fense considers appropriate.
18 ‘‘(4) OPERATION.—The Council shall operate
19 continuously.’’.
20 (2) CLERICAL AMENDMENT.—The table of sec-
21 tions at the beginning of chapter 4 of such title is
22 amended by striking the item relating to section
23 139b and inserting the following new item:
‘‘139b. Secretariat for Special Operations; Special Operations Policy and Over-
sight Council.’’.
† S 4049 ES
569
1 (c) DOD DIRECTIVE ON RESPONSIBILITIES OF ASD
2 SOLIC.—
3 (1) IN GENERAL.—Not later than 180 days
4 after the date of the enactment of this Act, the Sec-
5 retary of Defense shall publish a Department of De-
6 fense directive establishing policy and procedures re-
7 lated to the exercise of authority, direction, and con-
8 trol of all special-operations peculiar administrative
9 matters relating to the organization, training, and
10 equipping of special operations forces by the Assist-
11 ant Secretary of Defense for Special Operations and
12 Low Intensity Conflict as specified by section
13 138(b)(2)(A)(i) of title 10, United States Code, as
14 amended by subsection (a)(1).
15 (2) MATTERS FOR INCLUDING.—The directive
16 required by paragraph (1) shall include the fol-
17 lowing:
18 (A) A specification of responsibilities for
19 coordination on matters affecting the organiza-
20 tion, training, and equipping of special oper-
21 ations forces.
22 (B) An identification and specification of
23 updates to applicable documents and instruc-
24 tions of the Department of Defense.
† S 4049 ES
570
1 (C) Mechanisms to ensure the inclusion of
2 the Assistant Secretary in all Departmental
3 governance forums affecting the organization,
4 training, and equipping of special operations
5 forces.
6 (D) Such other matters as the Secretary
7 considers appropriate.
8 (3) APPLICABILITY.— The directive required by
9 paragraph (1) shall apply throughout the Depart-
10 ment of Defense to all components of the Depart-
11 ment of Defense.
12 (4) LIMITATION ON AVAILABILITY OF CERTAIN
13 FUNDING PENDING PUBLICATION.—Of the amounts
14 authorized to be appropriated by this Act for fiscal
15 year 2021 for operation and maintenance, Defense-
16 wide, and available for the Office of the Secretary of
17 Defense, not more than 75 percent may be obligated
18 or expended until the date that is 15 days after the
19 date on which the Secretary publishes the directive
20 required by paragraph (1).
21 SEC. 902. REDESIGNATION AND CODIFICATION IN LAW OF
22 OFFICE OF ECONOMIC ADJUSTMENT.
23 (a) REDESIGNATION.—
24 (1) IN GENERAL.—The Office of Economic Ad-
25 justment in the Office of the Secretary of Defense
† S 4049 ES
571
1 is hereby redesignated as the ‘‘Office of Local De-
2 fense Community Cooperation’’.
3 (2) REFERENCES.—Any reference in a law,
4 map, regulation, document, paper, or other record of
5 the United States to the office referred to in para-
6 graph (1) shall be deemed to be a reference to the
7 ‘‘Office of Local Defense Community Cooperation’’.
8 (b) CODIFICATION IN LAW.—
9 (1) IN GENERAL.—Chapter 4 of title 10, United
10 States Code, is amended by adding at the end the
11 following new section:
12 ‘‘§ 146. Office of Local Defense Community Coopera-
13 tion
14 ‘‘(a) IN GENERAL.—There is an Office of Local De-
15 fense Community Cooperation in the Office of the Under
16 Secretary of Defense for Acquisition and Sustainment.
17 ‘‘(b) DIRECTOR.—The Office shall be headed by the
18 Director of the Office of Local Defense Community Co-
19 operation, who shall be assigned to such position by the
20 Under Secretary from among civilian employees of the De-
21 partment of Defense who are qualified to serve in the posi-
22 tion.
23 ‘‘(c) FUNCTIONS.—Subject to the authority, direc-
24 tion, and control of the Under Secretary, the Office
25 shall—
† S 4049 ES
572
1 ‘‘(1) in cooperation with the other components,
2 of the Department of Defense be the primary office
3 within the Department for the provision of assist-
4 ance to States, counties, municipalities, regions, and
5 communities intended to—
6 ‘‘(A) foster greater cooperation with mili-
7 tary installations in order to enhance the mili-
8 tary mission, achieve facility and infrastructure
9 savings and reduced operating costs, address
10 encroachment and compatible land use issues,
11 support military families, and increase military,
12 civilian, and industrial readiness and resiliency;
13 and
14 ‘‘(B) address impacts caused by changes in
15 defense programs, including basing decisions,
16 defense industry expansions or contractions, in-
17 creases or reductions in Federal civilian or con-
18 tractor personnel, and expansions, realign-
19 ments, and closures of military installations;
20 ‘‘(2) provide support to the Economic Adjust-
21 ment Committee within the Executive Office of the
22 President, or any successor interagency coordination
23 body; and
24 ‘‘(3) perform such other functions as the Sec-
25 retary of Defense may prescribe.
† S 4049 ES
573
1 ‘‘(d) ANNUAL REPORT TO CONGRESS.—Not later
2 than June 1 each year, the Director of the Office of Local
3 Defense Community Cooperation shall submit to the con-
4 gressional defense committees a report on the activities
5 of the Office during the preceding year, including the as-
6 sistance provided pursuant to subsection (c)(1) during
7 such year.’’.
8 (2) CLERICAL AMENDMENT.—The table of sec-
9 tions at the beginning of chapter 4 of such title is
10 amended by adding at the end the following new
11 item:
‘‘146. Office of Local Defense Community Cooperation.’’.
12 SEC. 903. MODERNIZATION OF PROCESS USED BY THE DE-
13 PARTMENT OF DEFENSE TO IDENTIFY, TASK,
14 AND MANAGE CONGRESSIONAL REPORTING
15 REQUIREMENTS.
16 (a) ANALYSIS REQUIRED.—The Assistant Secretary
17 of Defense for Legislative Affairs shall conduct an analysis
18 of the process used by the Department of Defense to iden-
19 tify reports to Congress required by annual national de-
20 fense authorization Acts, assign responsibility for prepara-
21 tion of such reports, and manage the completion and deliv-
22 ery of such reports to Congress for the purpose of identi-
23 fying mechanisms to optimize and otherwise modernize the
24 process.
† S 4049 ES
574
1 (b) CONSULTATION.—The Assistant Secretary shall
2 conduct the analysis required by subsection (a) with the
3 assistance of and in consultation with the Chief Data Offi-
4 cer of the Department of Defense and the Director of the
5 Defense Digital Service.
6 (c) ELEMENTS.—The analysis required by subsection
7 (a) shall include the following:
8 (1) A business process reengineering of the
9 process described in subsection (a).
10 (2) An assessment of applicable commercially
11 available analytics tools, technologies, and services in
12 connection with such business process reengineering.
13 (3) Such other actions as the Assistant Sec-
14 retary considers appropriate for purposes of the
15 analysis.
16 (d) BRIEFING.—Not later than November 15, 2020,
17 the Assistant Secretary shall brief the congressional de-
18 fense committees on the results of the analysis required
19 by subsection (a). The briefing shall address the following:
20 (1) The results of the analysis and of the busi-
21 ness process reengineering described in subsection
22 (c)(1).
23 (2) A description of the actions being taken,
24 and to be taken, to optimize and otherwise improve
25 the process described in subsection (a).
† S 4049 ES
575
1 (3) Such recommendations for administrative
2 and legislative action as the Assistant Secretary con-
3 siders appropriate to facilitate the optimization and
4 improvement of the process described in subsection
5 (a) as a result of the analysis and the business proc-
6 ess reengineering.
7 (4) Such other matters as the Assistant Sec-
8 retary considers appropriate in connection with the
9 analysis, the business process reengineering and the
10 optimization and improvement of the process de-
11 scribed in subsection (a).
12 SEC. 904. INCLUSION OF VICE CHIEF OF THE NATIONAL
13 GUARD BUREAU AS AN ADVISOR TO THE
14 JOINT REQUIREMENTS OVERSIGHT COUNCIL.
15 Section 181(d)(3) of title 10, United States Code, is
16 amended—
17 (1) in the heading, by inserting ‘‘AND VICE
18 CHIEF OF THE NATIONAL GUARD BUREAU’’ after
19 ‘‘OF STAFF’’;
20 (2) by striking ‘‘of the Chiefs of Staff’’ and in-
21 serting ‘‘of—
22 ‘‘(A) the Chiefs of Staff’’;
23 (3) by striking the period at the end and insert-
24 ing ‘‘; and’’; and
† S 4049 ES
576
1 (4) by adding at the end the following new sub-
2 paragraph:
3 ‘‘(B) the Vice Chief of the National Guard
4 Bureau when matters involving non-Federalized
5 National Guard capabilities in support of home-
6 land defense or civil support missions are under
7 consideration by the Council.’’.
8 SEC. 905. ASSIGNMENT OF RESPONSIBILITY FOR THE ARC-
9 TIC REGION WITHIN THE OFFICE OF THE
10 SECRETARY OF DEFENSE.
11 The Assistant Secretary of Defense for International
12 Security Affairs shall assign responsibility for the Arctic
13 region to the Deputy Assistant Secretary of Defense for
14 the Western Hemisphere or any other Deputy Assistant
15 Secretary of Defense the Secretary of Defense considers
16 appropriate.
17 Subtitle B—Department of Defense
18 Management Reform
19 SEC. 911. TERMINATION OF POSITION OF CHIEF MANAGE-
20 MENT OFFICER OF THE DEPARTMENT OF DE-
21 FENSE.
22 (a) TERMINATION.—
23 (1) IN GENERAL.—The position of Chief Man-
24 agement Officer of the Department of Defense is
25 terminated, effective on the date specified by the
† S 4049 ES
577
1 Secretary of Defense, which date may not be later
2 than September 30, 2022.
3 (2) NOTICE.—The Secretary shall submit to the
4 Committees on Armed Services of the Senate and
5 the House of Representatives a notice on the effec-
6 tive date specified pursuant to paragraph (1).
7 (b) CONFORMING REPEAL OF ESTABLISHING AU-
8 THORITY.—
9 (1) IN GENERAL.—Section 132a of title 10,
10 United States Code, is repealed.
11 (2) TABLE OF SECTIONS.—The table of sections
12 at the beginning of chapter 4 of such title is amend-
13 ed by striking the item relating to section 132a.
14 (3) EFFECTIVE DATE.—The amendments made
15 by this subsection shall take effect on the effective
16 date specified pursuant to subsection (a)(1).
17 SEC. 912. REPORT ON ASSIGNMENT OF RESPONSIBILITIES,
18 DUTIES, AND AUTHORITIES OF CHIEF MAN-
19 AGEMENT OFFICER TO OTHER OFFICERS OR
20 EMPLOYEES OF THE DEPARTMENT OF DE-
21 FENSE.
22 (a) REPORT.—Not later than 45 days before the ef-
23 fective date specified pursuant to section 911(a)(1), the
24 Secretary of Defense shall submit to the Committees on
† S 4049 ES
578
1 Armed Services of the Senate and the House of Represent-
2 atives a report setting forth the following:
3 (1) The position and title of each officer or em-
4 ployee of the Department of Defense, and the com-
5 ponent of such officer or employee, in whom the Sec-
6 retary will vest responsibility and authority to per-
7 form responsibilities and duties, and exercise au-
8 thorities, assigned to the Chief Management Officer
9 of the Department of Defense, whether by statute or
10 by directive, instruction, policy, or practice of the
11 Department of Defense, on the termination of the
12 position of Chief Management Officer under section
13 911.
14 (2) A description of the responsibilities, duties,
15 and authorities, if any, assigned to the Chief Man-
16 agement Officer by statute that the Secretary rec-
17 ommends for discontinuation or modification, and a
18 justification for such recommendation.
19 (3) A description of the responsibilities, duties,
20 and authorities, if any, assigned to the Chief Man-
21 agement Officer by directive, instruction, policy, or
22 practice of the Department that the Secretary rec-
23 ommends for discontinuation or modification, and a
24 justification for such recommendation.
† S 4049 ES
579
1 (4) A description of the general process and
2 timeline for the effective transfer of each responsi-
3 bility, duty, and authority assigned to the Chief
4 Management Officer by statute or by policy, instruc-
5 tion, or practice of the Department to the officer or
6 employee in whom such responsibility, duty, and au-
7 thority will be vested as described in paragraph (1).
8 (5) A description of the manner and timeline in
9 which the resources of the Chief Management Offi-
10 cer, including funding and human capital, will be re-
11 aligned or repurposed to other organizations in the
12 Office of the Secretary of Defense or to other com-
13 ponents of the Department.
14 (6) A description of the general process and
15 timeline for the assignment of responsibility of each
16 issue under the jurisdiction of the Chief Manage-
17 ment Officer current identified by the Comptroller
18 General of the United States as ‘‘high risk’’ to an
19 officer or employee in the Department who is specifi-
20 cally charged by the Secretary to initiate and sustain
21 progress toward resolution of such issue.
22 (7) Such recommendations (including rec-
23 ommendations for legislative action) as the Secretary
24 considers appropriate for additional authorities and
25 resources (including funding and human capital re-
† S 4049 ES
580
1 sources) necessary to ensure that each officer or em-
2 ployee, in whom the Secretary vests responsibility
3 and authority as described in paragraph (1) is capa-
4 ble of exercising such responsibility and authority ef-
5 fectively.
6 (8) Such other matters in connection with the
7 termination of the position of Chief Management Of-
8 ficer, and the transition of the responsibilities, du-
9 ties, and authorities of the Chief Management Offi-
10 cer in connection with such termination, as the Sec-
11 retary considers appropriate.
12 (b) VESTING OF CERTAIN RESPONSIBILITIES, DU-
13 TIES, AND AUTHORITIES IN PARTICULAR OFFICERS.—In
14 setting forth matters under paragraph (1) of subsection
15 (a), the report required by that subsection shall address,
16 in particular, the following:
17 (1) Vesting of responsibilities, duties, and au-
18 thorities of the Chief Management Officer in the
19 Deputy Secretary of Defense in the Deputy Sec-
20 retary’s capacity as the Chief Operating Officer of
21 the Department of Defense for purposes of functions
22 specified in section 1123 of title 31, United States
23 Code.
24 (2) Vesting of responsibilities, duties, and au-
25 thorities of the Chief Management Officer in the
† S 4049 ES
581
1 Performance Improvement Officer of the Depart-
2 ment of Defense under section 142a of title 10,
3 United States Code (as added by section 913 of this
4 Act), for purposes of functions specified in section
5 1124 of title 31, United States Code.
6 (c) OTHER RESPONSIBILITIES, DUTIES AND AU-
7 THORITIES.—In addition to any other responsibilities, du-
8 ties, and authorities of the Chief Management Officer, the
9 report required by subsection (a) shall specifically address
10 responsibilities, duties, and authorities of the Chief Man-
11 agement Officer with respect to the following:
12 (1) Establishment of policies for, and the direc-
13 tion and management of, enterprise business oper-
14 ations and shared business services of the Depart-
15 ment, as set forth in section 132a(b) of title 10,
16 United States Code, and section 921(b) of the John
17 S. McCain National Defense Authorization Act for
18 Fiscal Year 2019 (10 U.S.C. 2222 note).
19 (2) Exercise of authority, direction, and control
20 over the Defense Agencies and Department of De-
21 fense Field Activities for shared business services
22 and budget review, assessment, certification, and re-
23 porting, as set forth in subsections (b) and (c) of
24 section 132a of title 10, United States Code, and
25 section 192 of that title.
† S 4049 ES
582
1 (3) Minimization of duplication of efforts, maxi-
2 mization of efficiency and effectiveness, and estab-
3 lishment of metrics for performance among and for
4 all components of the Department, as set forth in
5 section 132a(b) of title 10, United States Code.
6 (4) Issuance and maintenance of guidance on
7 covered defense business systems, development and
8 maintenance of the defense business enterprise ar-
9 chitecture, exercise of authorities and responsibilities
10 with respect to common enterprise data, leadership
11 of and matters within the Defense Business Council,
12 and service as the appropriate approval official in
13 the case of certain covered defense business systems
14 and programs, as set forth in section 2222 of title
15 10, United States Code.
16 (5) The Financial Improvement and Audit Re-
17 mediation Plan, as set forth in section 240b of title
18 10, United States Code.
19 (6) Receipt of audit reports, as set forth in sec-
20 tion 240d of title 10, United States Code.
21 (7) Discharge by the Department of the annual
22 reviews required by section 11319 of title 40, United
23 States Code.
24 (8) Business transformation efforts of the de-
25 fense commissary system and the exchange stores
† S 4049 ES
583
1 system, as set forth in section 631 of the National
2 Defense Authorization Act for Fiscal Year 2020
3 (Public Law 116–92).
4 (9) Analysis of Department business manage-
5 ment and operations datasets, as set forth in section
6 922 of the John S. McCain National Defense Au-
7 thorization Act for Fiscal Year 2019 (10 U.S.C.
8 2222 note).
9 (10) Reviews, reports, and other actions re-
10 quired by sections 924, 925, 926, 927, and 1624 of
11 the John S. McCain National Defense Authorization
12 Act for Fiscal Year 2019, to the extent such reviews,
13 reports, and actions have not been completed as of
14 the date of the report under subsection (a).
15 (11) Science and technology activities in sup-
16 port of business systems information technology ac-
17 quisition as set forth in section 217 of the National
18 Defense Authorization Act for Fiscal Year 2016 (10
19 U.S.C. 2445a note).
20 (12) Relationships with the Chief Management
21 Officers of the military departments, and the devel-
22 opment and update of a strategic management plan
23 for the Department, as set forth in section 904 of
24 the National Defense Authorization Act for Fiscal
† S 4049 ES
584
1 Year 2008 (Public Law 110–181) and the amend-
2 ments made by that section.
3 SEC. 913. PERFORMANCE IMPROVEMENT OFFICER OF THE
4 DEPARTMENT OF DEFENSE.
5 (a) PERFORMANCE IMPROVEMENT OFFICER.—
6 (1) IN GENERAL.—Chapter 4 of title 10, United
7 States Code, is amended by inserting after section
8 142 the following new section:
9 ‘‘§ 142a. Performance Improvement Officer of the De-
10 partment of Defense
11 ‘‘(a) There is an Performance Improvement Officer
12 of the Department of Defense, who is designated as pro-
13 vided in section 1124(a)(1) of title 31.
14 ‘‘(b) The Performance Improvement Officer shall—
15 ‘‘(1) perform the duties and responsibilities,
16 and exercise the powers set forth in section 1124 of
17 title 31; and
18 ‘‘(2) perform such additional duties and respon-
19 sibilities, and exercise such other powers, as the Sec-
20 retary of Defense and the Deputy Secretary of De-
21 fense may prescribe.
22 ‘‘(c) Subject to the authority, direction, and control
23 of the Secretary of Defense, the Performance Improve-
24 ment Officer reports, without intervening authority, di-
25 rectly to the Deputy Secretary of Defense, in the Deputy
† S 4049 ES
585
1 Secretary’s role as the Chief Operating Officer of the De-
2 partment of Defense under section 1123 of title 31.
3 ‘‘(d) The Performance Improvement Officer may
4 communicate views on matters within the responsibility of
5 the Officer directly to the Deputy Secretary of Defense,
6 without obtaining the approval or concurrence of any other
7 officer in the Department of Defense.’’.
8 (2) CLERICAL AMENDMENT.—The table of sec-
9 tion at the beginning of chapter 4 of such title is
10 amended by inserting after the item relating to sec-
11 tion 142 the following new item:
‘‘142a. Performance Improvement Officer of the Department of Defense.’’.
12 (b) EFFECTIVE DATE.—
13 (1) IN GENERAL.—The amendments made by
14 subsection (a) shall take effect on such date as the
15 Secretary of Defense shall specify for purposes of
16 this section, which date may not be later than one
17 day before the effective date specified by the Sec-
18 retary pursuant to section 911(a)(1).
19 (2) NOTICE.—The Secretary shall submit to the
20 Committees on Armed Services of the Senate and
21 the House of Representatives a notice on the effec-
22 tive date specified pursuant to paragraph (1).
† S 4049 ES
586
1 SEC. 914. ASSIGNMENT OF CERTAIN RESPONSIBILITIES
2 AND DUTIES TO PARTICULAR OFFICERS OF
3 THE DEPARTMENT OF DEFENSE.
4 (a) CERTAIN RESPONSIBILITIES AND DUTIES OF
5 DEPUTY SECRETARY OF DEFENSE.—
6 (1) CHIEF OPERATING OFFICER OF THE DE-
7 PARTMENT OF DEFENSE.—Section 132 of title 10,
8 United States Code, is amended—
9 (A) by redesignating subsections (c), (d),
10 and (e) as subsections (d), (e), and (f), respec-
11 tively; and
12 (B) by inserting after subsection (b) the
13 following new subsection (c):
14 ‘‘(c)(1) In accordance with section 1123 of title 31,
15 the Deputy Secretary performs the duties, has the respon-
16 sibilities, and exercises the powers of the Chief Operating
17 Officer of the Department of Defense.
18 ‘‘(2) Subject to the authority, direction, and control
19 of the Secretary of Defense, the Deputy Secretary shall
20 supervise the Performance Improvement Officer of the De-
21 partment of Defense in the Officer’s performance of duties
22 and responsibilities specified in section 142a of this title.’’.
23 (2) DESIGNATION OF PRIORITY DEFENSE BUSI-
24 NESS SYSTEMS.—Section 2222(h)(5)(B) of such title
25 is amended by striking ‘‘the Chief Management Offi-
26 cer of the Department of Defense’’ and inserting
† S 4049 ES
587
1 ‘‘the Deputy Secretary of Defense, or such other of-
2 ficer of the Department of Defense as the Secretary
3 or the Deputy Secretary may designate,’’.
4 (b) PERIODIC REVIEWS OF DEFENSE AGENCIES AND
5 DEPARTMENT OF DEFENSE FIELD ACTIVITIES IN CON-
6 NECTION WITH BUSINESS ENTERPRISE REFORM.—Sec-
7 tion 192(c) of such title is amended—
8 (1) by redesignating paragraph (3), as redesig-
9 nated by section 923(a)(1) of the John S. McCain
10 National Defense Authorization Act for Fiscal Year
11 2019 (Public Law 115–232; 132 Stat. 1930), as
12 paragraph (4);
13 (2) by redesignating paragraphs (1) and (2), as
14 added by section 923(a)(2) of the John S. McCain
15 National Defense Authorization Act for Fiscal Year
16 2019, as paragraphs (2) and (3), respectively;
17 (3) in paragraph (2), as redesignated by para-
18 graph (2) of this subsection—
19 (A) in subparagraph (A), by striking ‘‘the
20 Chief Management Officer of the Department
21 of Defense’’ and inserting ‘‘the Secretary, the
22 Deputy Secretary of Defense, or an officer of
23 the Department of Defense designated by the
24 Secretary or the Deputy Secretary’’;
† S 4049 ES
588
1 (B) in subparagraph (B), by striking ‘‘the
2 Chief Management Officer’’ and inserting ‘‘the
3 officer conducting such review’’; and
4 (C) in subparagraph (C), by striking ‘‘the
5 Chief Management Officer’’ and inserting ‘‘the
6 Secretary’’; and
7 (4) in paragraph (3), as so redesignated, by
8 striking ‘‘the Chief Management Officer’’ each place
9 it appears in subparagraphs (A) and (B) and insert-
10 ing ‘‘the officer conducting such review’’.
11 (c) RESPONSIBILITY OF UNDER SECRETARY OF DE-
12 FENSE (COMPTROLLER) FOR FINANCIAL IMPROVEMENT
13 AND AUDIT REMEDIATION PLAN.—Subsection (a) of sec-
14 tion 240b of such title is amended to read as follows:
15 ‘‘(a) IN GENERAL.—The Under Secretary of Defense
16 (Comptroller) shall, together with such other officers and
17 employees of the Department of Defense as the Secretary
18 of Defense or the Deputy Secretary of Defense may des-
19 ignate, shall maintain a plan to be known as the ‘Financial
20 Improvement and Audit Remediation Plan’.’’.
21 (d) PERFORMANCE IMPROVEMENT OFFICER FUNC-
22 TIONS FOR DEFENSE BUSINESS SYSTEMS.—Section 2222
23 of such title is amended—
24 (1) in subsection (e)(6)(C), by inserting ‘‘and
25 the Performance Improvement Officer of the De-
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1 partment of Defense’’ after ‘‘The Director of Cost
2 Assessment and Program Evaluation’’; and
3 (2) in subsection (f)(2)(B)—
4 (A) by redesignating clauses (i) through
5 (iii) as clauses (ii) through (iv), respectively;
6 and
7 (B) by inserting before clause (ii), as re-
8 designated by paragraph (1), the following new
9 clause (i):
10 ‘‘(i) The Performance Improvement
11 Officer of the Department of Defense.’’.
12 (e) EFFECTIVE DATE.—The amendments made by
13 this section shall take effect on the effective date specified
14 in section 911(a)(1).
15 SEC. 915. ASSIGNMENT OF RESPONSIBILITIES AND DUTIES
16 OF CHIEF MANAGEMENT OFFICER TO OFFI-
17 CERS OR EMPLOYEES OF THE DEPARTMENT
18 OF DEFENSE TO BE DESIGNATED.
19 (a) TITLE 10, UNITED STATES CODE.—Title 10,
20 United States Code, is amended as follows:
21 (1) In section 240d(d)(1)(A), by striking ‘‘the
22 Chief Management Officer of the Department of De-
23 fense’’ and inserting ‘‘any other officer or employee
24 of the Department of Defense that the Secretary of
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1 Defense or the Deputy Secretary of Defense may
2 designate for purposes of this section’’.
3 (2) Section 2222 is amended—
4 (A) in subsection (c)(2)—
5 (i) by striking ‘‘the Chief Management
6 Officer of the Department of Defense,’’;
7 and
8 (ii) by striking ‘‘and the Chief Man-
9 agement Officer of each of the military de-
10 partments’’ and inserting ‘‘the Chief Man-
11 agement Officer of each of the military de-
12 partments, and other appropriate officers
13 or employees of the Department and its
14 components’’;
15 (B) in subsection (e)—
16 (i) in paragraph (1), by striking ‘‘the
17 Chief Management Officer of the Depart-
18 ment of Defense’’ and inserting ‘‘such offi-
19 cers or employees of the Department of
20 Defense as the Secretary shall designate’’;
21 (ii) in paragraph (6)—
22 (I) in subparagraph (A)—
23 (aa) by striking ‘‘The Chief
24 Management Officer of the De-
25 partment of Defense’’ and insert-
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1 ing ‘‘Such officers of the Depart-
2 ment of Defense as the Secretary
3 shall designate’’; and
4 (bb) by striking ‘‘the Chief
5 Management Officer’’ and insert-
6 ing ‘‘such officers’’; and
7 (II) in subparagraph (B), by
8 striking ‘‘The Chief Management Offi-
9 cer and the Under Secretary of De-
10 fense (Comptroller)’’ and inserting
11 ‘‘The Under Secretary of Defense
12 (Comptroller) and such other officers
13 of the Department as the Secretary
14 shall designate’’;
15 (C) in subsection (f)(1), by striking ‘‘the
16 Chief Management Office and the Chief Infor-
17 mation Office of the Department of Defense’’
18 and inserting ‘‘the Chief Information Officer of
19 the Department of Defense and such other offi-
20 cers or employees of the Department of Defense
21 as the Secretary may designate’’; and
22 (D) in subsection (g)(2), by striking ‘‘the
23 Chief Management Officer of the Department
24 of Defense’’ each place it appears in subpara-
25 graphs (A) and (B)(ii) and inserting ‘‘an officer
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1 or employee of the Department of Defense des-
2 ignated by the Secretary’’.
3 (b) TITLE 40, UNITED STATES CODE.—Section
4 11319(d)(4) of title 40, United States Code, is amended
5 by striking ‘‘the Chief Management Officer of the Depart-
6 ment of Defense (of any successor to such Officer)’’ and
7 inserting ‘‘the officer of the Department of Defense des-
8 ignated by the Secretary of Defense or the Deputy Sec-
9 retary of Defense for such purpose’’.
10 (c) PUBLIC LAW 116–92.—Section 631(a) of the Na-
11 tional Defense Authorization Act for Fiscal Year 2020
12 (Public Law 116–92) is amended by striking ‘‘the Chief
13 Management Officer of the Department of Defense’’ and
14 inserting ‘‘such officer of the Department of Defense as
15 the Secretary of Defense or the Deputy Secretary of De-
16 fense may designate’’.
17 (d) PUBLIC LAW 115–232.—The John S. McCain
18 National Defense Authorization Act for Fiscal Year 2019
19 (Public Law 115–232) is amended as follows:
20 (1) In section 921(b)(1) (10 U.S.C. 2222
21 note)—
22 (A) in subparagraph (A), by striking ‘‘the
23 Chief Management Officer of the Department
24 of Defense’’ and inserting ‘‘such officer or em-
25 ployee of the Department of Defense as the
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1 Secretary of Defense or the Deputy Secretary
2 of Defense shall designate’’;
3 (B) in subparagraph (B)—
4 (i) in the subparagraph heading, by
5 striking ‘‘CMO’’;
6 (ii) by striking ‘‘the Chief Manage-
7 ment Officer’’ the first place it appears
8 and inserting ‘‘the Secretary shall, acting
9 through such officer or employee of the
10 Department as the Secretary or the Dep-
11 uty Secretary shall designate’’; and
12 (iii) by striking ‘‘by the Chief Man-
13 agement Officer’’.
14 (2) In section 922 (10 U.S.C. 2222 note)—
15 (A) in subsection (a), by striking ‘‘The
16 Chief Management Officer of the Department
17 of Defense’’ and inserting ‘‘An officer or em-
18 ployee of the Department of Defense designated
19 by the Secretary of Defense or the Deputy Sec-
20 retary of Defense’’; and
21 (B) in subsection (b)—
22 (i) in paragraph (1)—
23 (I) in the matter preceding sub-
24 paragraph (A), by striking ‘‘The Chief
25 Management Officer’’ and inserting
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1 ‘‘The officer or employee designated
2 pursuant to subsection (a)’’; and
3 (II) in subparagraph (B), by
4 striking ‘‘The Chief Management Offi-
5 cer’’ and inserting ‘‘such officer or
6 employee’’; and
7 (ii) in paragraph (2), by striking ‘‘the
8 Chief Management Officer shall take ap-
9 propriate actions’’ and inserting ‘‘all ap-
10 propriate actions shall be taken’’.
11 (3) In section 924 (10 U.S.C. 191 note)—
12 (A) in subsection (a), by striking ‘‘the
13 Chief Management Officer of the Department
14 of Defense’’ in the matter preceding paragraph
15 (1) and inserting ‘‘such officer of the Depart-
16 ment of Defense as the Secretary or Defense or
17 the Deputy Secretary of Defense shall des-
18 ignate’’;
19 (B) in subsection (b)—
20 (i) in the matter preceding paragraph
21 (1), by striking ‘‘the Chief Management
22 Officer’’ and inserting ‘‘the officer des-
23 ignated pursuant to subsection (a)’’; and
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1 (ii) in subparagraph (B), by striking
2 ‘‘the Chief Management Officer’’ and in-
3 serting ‘‘such officer’’; and
4 (C) in subsection (c)—
5 (i) by striking ‘‘the Chief Management
6 Officer’’ the first place it appears and in-
7 serting ‘‘the officer designated pursuant to
8 subsection (a)’’; and
9 (ii) by striking ‘‘the Chief Manage-
10 ment Officer’’ the second place it appears
11 and inserting ‘‘such officer’’.
12 (4) In section 925(a) (132 Stat. 1932), by
13 striking ‘‘the Chief Management Officer of the De-
14 partment of Defense’’ in the matter preceding para-
15 graph (1) and inserting ‘‘such officer of the Depart-
16 ment of Defense as the Secretary or Defense or the
17 Deputy Secretary of Defense shall designate’’.
18 (5) In section 926(a) (132 Stat. 1932), by
19 striking ‘‘the Chief Management Officer of the De-
20 partment of Defense’’ in the matter preceding para-
21 graph (1) and inserting ‘‘such officer of the Depart-
22 ment of Defense as the Secretary or Defense or the
23 Deputy Secretary of Defense shall designate’’.
24 (6) In section 927 (132 Stat. 1933)—
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1 (A) in subsection (a), by striking ‘‘the
2 Chief Management Officer of the Department
3 of Defense’’ and inserting ‘‘such officer of the
4 Department of Defense as the Secretary or De-
5 fense or the Deputy Secretary of Defense shall
6 designate’’; and
7 (B) in subsections (c) and (d), by striking
8 ‘‘the Chief Management Officer’’ each place it
9 appears and inserting ‘‘the officer designated
10 pursuant to subsection (a)’’.
11 (7) In section 1624(a) (10 U.S.C. 2222 note)—
12 (A) in paragraph (1), by striking ‘‘the
13 Chief Management Officer of the Department
14 of Defense’’ and inserting ‘‘such officer of the
15 Department of Defense as the Secretary or De-
16 fense or the Deputy Secretary of Defense shall
17 designate’’;
18 (B) by striking ‘‘the Chief Management
19 Officer’’ each place it appears in paragraphs
20 (2), (3), and (4) and inserting ‘‘the officer des-
21 ignated pursuant to paragraph (1)’’; and
22 (C) by inserting ‘‘and Security’’ after ‘‘for
23 Intelligence’’ each place it appears.
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1 (e) PUBLIC LAW 114–92.—The National Defense
2 Authorization Act for Fiscal Year 2016 (Public Law 114–
3 92) is amended as follows:
4 (1) In section 217—
5 (A) in subsection (a), by striking ‘‘the
6 Deputy Chief Management Officer, and the
7 Chief Information Officer’’ and inserting ‘‘the
8 Chief Information Officer, and any other officer
9 of the Department of Defense designated by the
10 Secretary of Defense or the Deputy Secretary
11 of Defense for such purpose’’; and
12 (B) in subsections (b), (f)(1)(A)(ii), and
13 (f)(2)(B), by striking ‘‘the Deputy Chief Man-
14 agement Officer’’ each place it appears and in-
15 serting ‘‘any officer designated pursuant to sub-
16 section (a)’’.
17 (2) In section 881(a) (10 U.S.C. 2302 note), by
18 striking ‘‘the Deputy Chief Management Officer,’’.
19 (f) PUBLIC LAW 110–81.—Section 904 of the Na-
20 tional Defense Authorization Act for Fiscal Year 2008
21 (Public Law 110–81; 122 Stat. 273)) is amended—
22 (1) in subsection (b)(4), by striking ‘‘the Chief
23 Management Officer and Deputy Chief Management
24 Officer of the Department of Defense’’ and inserting
25 ‘‘such officer of the Department of Defense as the
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1 Secretary of Defense or the Deputy Secretary of De-
2 fense shall designate’’; and
3 (2) in subsection (d)—
4 (A) in paragraph (1), by striking ‘‘the
5 Chief Management Officer of the Department
6 of Defense’’ and inserting ‘‘such officer of the
7 Department of Defense as the Secretary of De-
8 fense or the Deputy Secretary of Defense may
9 designate for purposes of this subsection’’; and
10 (B) in paragraph (3), by striking ‘‘the
11 Chief Management Officer’’ and inserting ‘‘the
12 officer designated pursuant to paragraph (1)’’.
13 (g) EFFECTIVE DATE.—The amendments made by
14 this section shall take effect on the effective date specified
15 in section 911(a)(1).
16 SEC. 916. DEFINITION OF ENTERPRISE BUSINESS OPER-
17 ATIONS FOR TITLE 10, UNITED STATES CODE.
18 Effective on the effective date specified in section
19 911(a)(1) of this Act, section 101(e) of title 10, United
20 States Code, is amended by adding at the end the fol-
21 lowing new paragraph:
22 ‘‘(9) ENTERPRISE BUSINESS OPERATIONS.—
23 The term ‘enterprise business operations’—
24 ‘‘(A) means activities that constitute cross-
25 cutting business operations used by multiple
† S 4049 ES
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1 components of the Department of Defense, but
2 excludes activities that are directly tied to a sin-
3 gle military department or Department of De-
4 fense component; and
5 ‘‘(B) includes business-support functions
6 designated by the Secretary of Defense or the
7 Deputy Secretary of Defense, including aspects
8 of financial management, healthcare, acquisi-
9 tion and procurement, supply chain and logis-
10 tics, certain information technology, real prop-
11 erty, and human resources operations.’’.
12 SEC. 917. ANNUAL REPORT ON ENTERPRISE BUSINESS OP-
13 ERATIONS OF THE DEPARTMENT OF DE-
14 FENSE.
15 (a) ANNUAL REPORT REQUIRED.—Not later than
16 March 31 each year, the Secretary of Defense shall submit
17 to Congress a report that includes the following:
18 (1) Each proposed budget for the enterprise
19 business operations of a Defense Agency or Depart-
20 ment of Defense Field Activity for the fiscal year be-
21 ginning in the year in which such report is sub-
22 mitted.
23 (2) An identification of each proposed budget
24 described in paragraph (1) that does not achieve re-
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1 quired levels of efficiency and effectiveness for enter-
2 prise business operations.
3 (3) A discussion of the actions that the Sec-
4 retary proposes to take, including recommendations
5 for legislative action that the Secretary considers ap-
6 propriate, to address inadequate levels of efficiency
7 and effectiveness for enterprise business operations
8 achieved by the proposed budgets described in para-
9 graph (1).
10 (4) Any additional comments that the Secretary
11 considers appropriate regarding inadequate levels of
12 efficiency and effectiveness for enterprise business
13 operations achieved by the proposed budgets de-
14 scribed in paragraph (1).
15 (b) SUBMITTAL.—The Secretary may submit a report
16 required by subsection (a) through the Deputy Secretary
17 of Defense.
18 (c) ENTERPRISE BUSINESS OPERATIONS DE -
19 FINED.—In this section, the term ‘‘enterprise business op-
20 erations’’ has the meaning given that term in paragraph
21 (9) of section 101(e) of title 10, United States Code (as
22 added by section 916 of this Act).
23 SEC. 918. CONFORMING AMENDMENTS.
24 (a) TITLE 10, UNITED STATES CODE.—Title 10,
25 United States Code, is amended as follows:
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1 (1) In section 131(b)—
2 (A) by striking paragraph (2);
3 (B) by redesignating paragraphs (3)
4 through (9) as paragraphs (2) through (8), re-
5 spectively; and
6 (C) in paragraph (7), as redesignated by
7 subparagraph (B)—
8 (i) by redesignating subparagraphs
9 (A) through (F) as subparagraphs (B)
10 through (G), respectively; and
11 (ii) by inserting before subparagraph
12 (B), as redesignated by clause (i), the fol-
13 lowing new subparagraph (A):
14 ‘‘(A) The Performance Improvement Officer of
15 the Department of Defense.’’.
16 (2) In section 133a(c)—
17 (A) in paragraph (1), by striking ‘‘, the
18 Deputy Secretary of Defense, and the Chief
19 Management Officer of the Department of De-
20 fense’’ and inserting ‘‘and the Deputy Secretary
21 of Defense’’; and
22 (B) in paragraph (2), by striking ‘‘the
23 Chief Management Officer,’’.
24 (3) In section 133b(c)—
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602
1 (A) in paragraph (1), by striking ‘‘the
2 Chief Management Officer of the Department
3 of Defense,’’; and
4 (B) in paragraph (2), by striking ‘‘the
5 Chief Management Officer,’’.
6 (4) In section 137a(d), by striking ‘‘the Chief
7 Management Officer of the Department of De-
8 fense,’’.
9 (5) In section 138(d), by striking ‘‘the Chief
10 Management Officer of the Department of De-
11 fense,’’.
12 (6) In section 240b(b)(1)(C)(ii), by striking ‘‘,
13 the Chief Management Officer,’’.
14 (b) EXECUTIVE SCHEDULE LEVEL II.—Section 5313
15 of title 5, United States Code, is amended by striking the
16 item relating to the Chief Management Officer of the De-
17 partment of Defense.
18 (c) EFFECTIVE DATE.—The amendments made by
19 this section shall take effect on the effective date specified
20 in section 911(a)(1).
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1 Subtitle C—Space Force Matters
2 PART I—AMENDMENTS TO INTEGRATE THE
3 SPACE FORCE INTO LAW
4 SEC. 931. CLARIFICATION OF SPACE FORCE AND CHIEF OF
5 SPACE OPERATIONS AUTHORITIES.
6 (a) COMPOSITION OF SPACE FORCE.—Section 9081
7 of title 10, United States Code, is amended by striking
8 subsection (b) and inserting the following new subsection
9 (b):
10 ‘‘(b) COMPOSITION.—The Space Force consists of—
11 ‘‘(1) the Regular Space Force;
12 ‘‘(2) all persons appointed or enlisted in, or
13 conscripted into, the Space Force, including those
14 not assigned to units, necessary to form the basis
15 for a complete and immediate mobilization for the
16 national defense in the event of a national emer-
17 gency; and
18 ‘‘(3) all Space Force units and other Space
19 Force organizations, including installations and sup-
20 porting and auxiliary combat, training, administra-
21 tive, and logistic elements.’’.
22 (b) FUNCTIONS.—Section 9081 of title 10, United
23 States Code, is further amended—
24 (1) by striking subsection (c) and inserting the
25 following new subsection (c):
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604
1 ‘‘(c) FUNCTIONS.—The Space Force shall be orga-
2 nized, trained, and equipped to—
3 ‘‘(1) provide freedom of operation for the
4 United States in, from, and to space;
5 ‘‘(2) conduct space operations; and
6 ‘‘(3) protect the interests of the United States
7 in space.’’; and
8 (2) by striking subsection (d).
9 (c) CLARIFICATION OF CHIEF OF SPACE OPER-
10 ATIONS AUTHORITIES.—Section 9082 of title 10, United
11 States Code, is amended—
12 (1) in subsection (a)—
13 (A) in paragraph (1), by striking ‘‘general
14 officers of the Air Force’’ and inserting ‘‘gen-
15 eral, flag, or equivalent officers of the Space
16 Force’’; and
17 (B) by adding at the end the following new
18 paragraphs:
19 ‘‘(3) The President may appoint an officer as Chief
20 of Space Operations only if—
21 ‘‘(A) the officer has had significant experience
22 in joint duty assignments; and
23 ‘‘(B) such experience includes at least one full
24 tour of duty in a joint duty assignment (as defined
† S 4049 ES
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1 in section 664(d) of this title) as a general, flag, or
2 equivalent officer of the Space Force.
3 ‘‘(4) The President may waive paragraph (3) in the
4 case of an officer if the President determines such action
5 is necessary in the national interest.’’;
6 (2) in subsection (b), by striking ‘‘grade of gen-
7 eral’’ and inserting ‘‘grade in the Space Force equiv-
8 alent to the grade of general in the Army, Air Force,
9 and Marine Corps, or admiral in the Navy’’; and
10 (3) in subsection (d)—
11 (A) in paragraph (4), by striking ‘‘and’’ at
12 the end;
13 (B) by redesignating paragraph (5) as
14 paragraph (6); and
15 (C) by inserting after paragraph (4) the
16 following new paragraph (5):
17 ‘‘(5) perform duties prescribed for the Chief of
18 Space Operations by sections 171 and 2547 of this
19 title and other provision of law; and’’.
20 (d) REPEAL OF OFFICER CAREER FIELD FOR
21 SPACE.—Section 9083 of title 10, United States Code, is
22 repealed.
23 (e) REGULAR SPACE FORCE.—Chapter 908 of title
24 10, United States Code, as amended by subsection (d),
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1 is further amended by adding at the end the following new
2 section 9083:
3 ‘‘§ 9083. Regular Space Force: composition
4 ‘‘(a) IN GENERAL.—The Regular Space Force is the
5 component of the Space Force that consists of persons
6 whose continuous service on active duty in both peace and
7 war is contemplated by law, and of retired members of
8 the Regular Space Force.
9 ‘‘(b) COMPOSITION.—The Regular Space Force in-
10 cludes—
11 ‘‘(1) the officers and enlisted members of the
12 Regular Space Force; and
13 ‘‘(2) the retired officers and enlisted members
14 of the Regular Space Force.’’.
15 (f) TABLE OF SECTIONS.—The table of sections at
16 the beginning of chapter 908 of title 10, United States
17 Code, is amended by striking the item relating to section
18 9083 and inserting the following new item:
‘‘9083. Regular Space Force: composition.’’.
19 SEC. 931A. OFFICE OF THE CHIEF OF SPACE OPERATIONS.
20 (a) IN GENERAL.—Chapter 908 of title 10, United
21 States Code, as amended by section 931(e) of this Act,
22 is further amended—
23 (1) by redesignating section 9083 as section
24 9085; and
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1 (2) by inserting after section 9082 the following
2 new sections:
3 ‘‘§ 9083. Office of the Chief of Space Operations: func-
4 tion; composition
5 ‘‘(a) FUNCTION.—There is in the executive part of
6 the Department of the Air Force an Office of the Chief
7 of Space Operations to assist the Secretary of the Air
8 Force in carrying out the responsibilities of the Secretary.
9 ‘‘(b) COMPOSITION.—The Office of the Chief of
10 Space Operations is composed of the following:
11 ‘‘(1) The Chief of Space Operations.
12 ‘‘(2) Such other offices and officials as may be
13 established by law or as the Secretary of the Air
14 Force may establish or designate.
15 ‘‘(3) Other members of the Space Force and
16 Air Force assigned or detailed to the Office of the
17 Chief of Space Operations.
18 ‘‘(4) Civilian employees in the Department of
19 the Air Force assigned or detailed to the Office of
20 the Chief of Space Operations.
21 ‘‘(c) ORGANIZATION.—Except as otherwise specifi-
22 cally prescribed by law, the Office of the Chief of Space
23 Operations shall be organized in such manner, and the
24 members of the Office of the Chief of Space Operations
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1 shall perform such duties and have such titles, as the Sec-
2 retary of the Air Force may prescribe.
3 ‘‘§ 9084. Office of the Chief of Space Operations: gen-
4 eral duties
5 ‘‘(a) PROFESSIONAL ASSISTANCE.—The Office of the
6 Chief of Space Operations shall furnish professional as-
7 sistance to the Secretary of the Air Force, the Chief of
8 Space Operations, and other personnel of the Office of the
9 Secretary of the Air Force or the Office of the Chief of
10 Space Operations.
11 ‘‘(b) AUTHORITIES.—Under the authority, direction,
12 and control of the Secretary of the Air Force, the Office
13 of the Chief of Space Operations shall—
14 ‘‘(1) subject to subsections (c) and (d) of sec-
15 tion 9014 of this title, prepare for such employment
16 of the Space Force, and for such recruiting, orga-
17 nizing, supplying, equipping (including research and
18 development), training, servicing, mobilizing, de-
19 mobilizing, administering, and maintaining of the
20 Space Force, as will assist in the execution of any
21 power, duty, or function of the Secretary of the Air
22 Force or the Chief of Space Operations;
23 ‘‘(2) investigate and report upon the efficiency
24 of the Space Force and its preparation to support
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1 military operations by commanders of the combatant
2 commands;
3 ‘‘(3) prepare detailed instructions for the execu-
4 tion of approved plans and supervise the execution
5 of those plans and instructions;
6 ‘‘(4) as directed by the Secretary of the Air
7 Force or the Chief of Space Operations, coordinate
8 the action of organizations of the Space Force; and
9 ‘‘(5) perform such other duties, not otherwise
10 assigned by law, as may be prescribed by the Sec-
11 retary of the Air Force.’’.
12 (b) TABLE OF SECTIONS.—The table of sections at
13 the beginning of chapter 908 of such title, as amended
14 by section 931(f) of this Act, is further amended by strik-
15 ing the item related to section 9083 and inserting the fol-
16 lowing the following new items:
‘‘9083. Office of the Chief of Space Operations: function; composition.
‘‘9084. Office of the Chief of Space Operations: general duties.
‘‘9085. Regular Space Force: composition.’’.
17 SEC. 932. AMENDMENTS TO DEPARTMENT OF THE AIR
18 FORCE PROVISIONS IN TITLE 10, UNITED
19 STATES CODE.
20 (a) SUBTITLE.—
21 (1) HEADING.—The heading of subtitle D of
22 title 10, United States Code, is amended to read as
23 follows:
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1 ‘‘Subtitle D—Air Force and Space
2 Force’’.
3 (2) TABLE OF SUBTITLES.—The table of sub-
4 titles at the beginning of such title is amended is
5 amended by striking the item relating to subtitle D
6 and inserting the following new item:
‘‘D. Air Force and Space Force .................................................... 9011’’.
7 (b) ORGANIZATION.—
8 (1) SECRETARY OF THE AIR FORCE.—Section
9 9013 of title 10, United States Code, is amended—
10 (A) in subsection (f), by inserting ‘‘and of-
11 ficers of the Space Force’’ after ‘‘Officers of the
12 Air Force’’; and
13 (B) in subsection (g)(1), by inserting ‘‘,
14 members of the Space Force,’’ after ‘‘members
15 of the Air Force’’.
16 (2) OFFICE OF THE SECRETARY OF THE AIR
17 FORCE.—Section 9014 of such title is amended—
18 (A) in subsection (b), by striking para-
19 graph (4) and inserting the following new para-
20 graph (4)
21 ‘‘(4) The Inspector General of the Department
22 of the Air Force.’’;
23 (B) in subsection (c)—
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1 (i) in paragraph (1), by striking ‘‘and
2 the Air Staff’’ and inserting ‘‘, the Air
3 Staff, and the Office of the Chief of Space
4 Operations’’;
5 (ii) in paragraph (2), by inserting ‘‘or
6 the Office of the Chief of Space Oper-
7 ations’’ after ‘‘the Air Staff’’;
8 (iii) in paragraph (3), by striking ‘‘to
9 the Chief of Staff and to the Air Staff’’
10 and all that follows through the end and
11 inserting ‘‘to the Chief of Staff of the Air
12 Force and the Air Staff, and to the Chief
13 of Space Operations and the Office of the
14 Chief of Space Operations, and shall en-
15 sure that each such office or entity pro-
16 vides the Chief of Staff and Chief of Space
17 Operations such staff support as the Chief
18 concerned considers necessary to perform
19 the Chief’s duties and responsibilities.’’;
20 and
21 (iv) in paragraph (4)—
22 (I) by inserting ‘‘and the Office
23 of the Chief of Space Operations’’
24 after ‘‘the Air Staff’’; and
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1 (II) by inserting ‘‘and the Chief
2 of Space Operations’’ after ‘‘Chief of
3 Staff’’;
4 (C) in subsection (d)—
5 (i) in paragraph (1), by striking ‘‘and
6 the Air Staff’’ and inserting ‘‘, the Air
7 Staff, and the Office of the Chief of Space
8 Operations’’;
9 (ii) in paragraph (2), by inserting
10 ‘‘and the Office of the Chief of Space Op-
11 erations’’ after ‘‘the Air Staff’’; and
12 (iii) in paragraph (4), by striking ‘‘to
13 the Chief of Staff of the Air Force and to
14 the Air Staff’’ and all that follows through
15 the end and inserting ‘‘to the Chief of
16 Staff of the Air Force and the Air Staff,
17 and to the Chief of Space Operations and
18 the Office of the Chief of Space Oper-
19 ations, and shall ensure that each such of-
20 fice or entity provides the Chief of Staff
21 and Chief of Space Operations such staff
22 support as the Chief concerned considers
23 necessary to perform the Chief’s duties
24 and responsibilities.’’; and
25 (D) in subsection (e)—
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1 (i) by striking ‘‘and the Air Staff’’
2 and inserting ‘‘, the Air Staff, and the Of-
3 fice of the Chief of Space Operations’’; and
4 (ii) by striking ‘‘to the other’’ and in-
5 serting ‘‘to any of the others’’.
6 (3) SECRETARY OF THE AIR FORCE: SUCCES-
7 SORS TO DUTIES.—Section 9017(4) of such title is
8 amended by inserting before the period the fol-
9 lowing: ‘‘of the Air Force and the Chief of Space
10 Operations, in the order prescribed by the Secretary
11 of the Air Force and approved by the Secretary of
12 Defense’’.
13 (4) INSPECTOR GENERAL.—Section 9020 of
14 such title is amended—
15 (A) in subsection (a)—
16 (i) by inserting ‘‘Department of the’’
17 after ‘‘Inspector General of the’’; and
18 (ii) by inserting ‘‘or the general, flag,
19 or equivalent officers of the Space Force’’
20 after ‘‘general officers of the Air Force’’;
21 (B) in subsection (b)—
22 (i) in the matter preceding paragraph
23 (1), by striking ‘‘or the Chief of Staff’’ and
24 inserting ‘‘, the Chief of Staff of the Air
25 Force, or the Chief of Space Operations’’;
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1 (ii) in paragraph (1), by inserting
2 ‘‘Department of the’’ before ‘‘Air Force’’;
3 and
4 (iii) in paragraph (2), by striking ‘‘or
5 the Chief of Staff’’ and inserting ‘‘, the
6 Chief of Staff, or the Chief of Space Oper-
7 ations’’ ; and
8 (C) in subsection (e), by inserting ‘‘or the
9 Space Force’’ before ‘‘for a tour of duty’’.
10 (5) THE AIR STAFF: FUNCTION; COMPOSI-
11 TION.—Section 9031(b)(8) of such title is amended
12 by inserting ‘‘or the Space Force’’ after ‘‘of the Air
13 Force’’.
14 (6) SURGEON GENERAL: APPOINTMENT; DU-
15 TIES.—Section 9036(b) of such title is amended—
16 (A) in paragraph (1), by striking ‘‘Sec-
17 retary of the Air Force and the Chief of Staff
18 of the Air Force on all health and medical mat-
19 ters of the Air Force’’ and inserting ‘‘Secretary
20 of the Air Force, the Chief of Staff of the Air
21 Force, and the Chief of Space Operations on all
22 health and medical matters of the Air Force
23 and the Space Force’’; and
24 (B) in paragraph (2)—
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1 (i) by inserting ‘‘and the Space
2 Force’’ after ‘‘of the Air Force’’ the first
3 place it appears; and
4 (ii) by inserting ‘‘and members of the
5 Space Force’’ after ‘‘of the Air Force’’ the
6 second place it appears.
7 (7) JUDGE ADVOCATE GENERAL, DEPUTY
8 JUDGE ADVOCATE GENERAL: APPOINTMENT; DU-
9 TIES.—Section 9037 of such title is amended—
10 (A) in subsection (e)(2)(B), by inserting
11 ‘‘or the Space Force’’ after ‘‘of the Air Force’’;
12 and
13 (B) in subsection (f)(1), by striking ‘‘the
14 Secretary of the Air Force or the Chief of Staff
15 of the Air Force’’ and inserting ‘‘the Secretary
16 of the Air Force, the Chief of Staff of the Air
17 Force, or the Chief of Space Operations’’.
18 (8) CHIEF OF CHAPLAINS: APPOINTMENT; DU-
19 TIES.—Section 9039(a) of such title is amended by
20 striking ‘‘in the Air Force’’ and inserting ‘‘for the
21 Air Force and the Space Force’’.
22 (9) PROVISION OF CERTAIN PROFESSIONAL
23 FUNCTIONS FOR THE SPACE FORCE.—Section 9063
24 of such title is amended—
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1 (A) in subsections (a) through (i), by strik-
2 ing ‘‘in the Air Force’’ each place it appears
3 and inserting ‘‘in the Air Force and the Space
4 Force’’; and
5 (B) in subsection (i), as amended by sub-
6 paragraph (A), by inserting ‘‘or the Space
7 Force’’ after ‘‘members of the Air Force’’.
8 (c) PERSONNEL.—
9 (1) GENDER-FREE BASIS FOR ACCEPTANCE OF
10 ORIGINAL ENLISTMENTS.—
11 (A) IN GENERAL.—Section 9132 of title
12 10, United States Code, is amended by insert-
13 ing ‘‘or the Regular Space Force’’ after ‘‘Reg-
14 ular Air Force’’.
15 (B) HEADING.—The heading of such sec-
16 tion 9132 is amended to read as follows:
17 ‘‘§ 9132. Regular Air Force and Regular Space Force:
18 gender-free basis for acceptance of origi-
19 nal enlistments’’.
20 (C) TABLE OF SECTIONS.—The table of
21 sections at the beginning of chapter 913 of such
22 title is amended by striking the item relating to
23 section 9132 and inserting the following new
24 item:
‘‘9132. Regular Air Force and Regular Space Force: gender-free basis for ac-
ceptance of original enlistments.’’.
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1 (2) REENLISTMENT AFTER SERVICE AS AN OF-
2 FICER.—
3 (A) IN GENERAL.—Section 9138 of such
4 title is amended in subsection (a)—
5 (i) by inserting ‘‘or the Regular Space
6 Force’’ after ‘‘Regular Air Force’’ both
7 places it appears; and
8 (ii) by inserting ‘‘or the Space Force’’
9 after ‘‘officer of the Air Force’’ both places
10 it appears.
11 (B) HEADING.—The heading of such sec-
12 tion 9132 is amended to read as follows:
13 ‘‘§ 9132. Regular Air Force and Regular Space Force:
14 reenlistment after service as an officer’’.
15 (C) TABLE OF SECTIONS.—The table of
16 sections at the beginning of chapter 913 of such
17 title, as amended by paragraph (1)(C), is fur-
18 ther by striking the item relating to section
19 9138 and inserting the following new item:
‘‘9138. Regular Air Force and Regular Space Force: reenlistment after service
as an officer.’’.
20 (3) APPOINTMENTS IN THE REGULAR AIR
21 FORCE AND REGULAR SPACE FORCE.—
22 (A) IN GENERAL.—Section 9160 of such
23 title is amended—
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1 (i) by inserting ‘‘or the Regular Space
2 Force’’ after ‘‘Regular Air Force’’; and
3 (ii) by inserting ‘‘or the Space Force’’
4 before the period.
5 (B) CHAPTER HEADING.—The heading of
6 chapter 915 of such title is amended to read as
7 follows:
8 ‘‘CHAPTER 915—APPOINTMENTS IN THE
9 REGULAR AIR FORCE AND THE REG-
10 ULAR SPACE FORCE’’.
11 (C) TABLES OF CHAPTERS.—The table of
12 chapters at the beginning of subtitle D of such
13 title, and at the beginning of part II of subtitle
14 D of such title, are each amended by striking
15 the item relating to chapter 915 and inserting
16 the following new item:
‘‘915. Appointments in the Regular Air Force and the
Regular Space Force ............................................ 9151’’.
17 (4) RETIRED COMMISSIONED OFFICERS: STA-
18 TUS.—Section 9203 of such title is amended by in-
19 serting ‘‘or the Space Force’’ after ‘‘the Air Force’’.
20 (5) DUTIES: CHAPLAINS; ASSISTANCE RE-
21 QUIRED OF COMMANDING OFFICERS.—Section
22 9217(a) of such title is amended by inserting ‘‘or the
23 Space Force’’ after ‘‘the Air Force’’.
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1 (6) RANK: COMMISSIONED OFFICERS SERVING
2 UNDER TEMPORARY APPOINTMENTS.—Section 9222
3 of such title is amended by inserting ‘‘or the Space
4 Force’’ after ‘‘the Air Force’’ both places it appears.
5 (7) REQUIREMENT OF EXEMPLARY CONDUCT.—
6 Section 9233 of such title is amended—
7 (A) in the matter preceding paragraph (1),
8 by inserting ‘‘and in the Space Force’’ after
9 ‘‘the Air Force’’; and
10 (B) in paragraphs (3) and (4), by inserting
11 ‘‘or the Space Force, respectively’’ after ‘‘the
12 Air Force’’.
13 (8) ENLISTED MEMBERS: OFFICERS NOT TO
14 USE AS SERVANTS.—Section 9239 of such title is
15 amended by inserting ‘‘or the Space Force’’ after
16 ‘‘Air Force’’ both places it appears.
17 (9) PRESENTATION OF UNITED STATES FLAG
18 UPON RETIREMENT.—Section 9251(a) of such title
19 is amended by inserting ‘‘or the Space Force’’ after
20 ‘‘member of the Air Force’’.
21 (10) SERVICE CREDIT: REGULAR ENLISTED
22 MEMBERS; SERVICE AS AN OFFICER TO BE COUNTED
23 AS ENLISTED SERVICE.—Section 9252 of such title
24 is amended—
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1 (A) by inserting ‘‘or the Regular Space
2 Force’’ after ‘‘Regular Air Force’’; and
3 (B) by inserting ‘‘in the Space Force,’’
4 after ‘‘in the Air Force,’’.
5 (11) WHEN SECRETARY MAY REQUIRE HOS-
6 PITALIZATION.—Section 9263 of such title is amend-
7 ed by inserting ‘‘or the Space Force’’ after ‘‘member
8 of the Air Force’’.
9 (12) DECORATIONS AND AWARDS.—
10 (A) IN GENERAL.—Chapter 937 of such
11 title is amended by inserting ‘‘or the Space
12 Force’’ after ‘‘the Air Force’’ each place it ap-
13 pears in the following provisions:
14 (i) Section 9271.
15 (ii) Section 9272.
16 (iii) Section 9273.
17 (iv) Section 9276.
18 (v) Section 9281 other than the first
19 place it appears in subsection (a).
20 (vi) Section 9286(a) other than the
21 first place it appears.
22 (B) MEDAL OF HONOR; AIR FORCE CROSS;
23 DISTINGUISHED-SERVICE MEDAL: DELEGATION
24 OF POWER TO AWARD.—Section 9275 of such
25 title is amended by inserting before the period
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1 at the end the following: ‘‘, or to an equivalent
2 commander of a separate space force or higher
3 unit in the field’’.
4 (13) TWENTY YEARS OR MORE: REGULAR OR
5 RESERVE COMMISSIONED OFFICERS.—Section
6 9311(a) of such title is amended by inserting ‘‘or the
7 Space Force’’ after ‘‘officer of the Air Force’’.
8 (14) TWENTY TO THIRTY YEARS: ENLISTED
9 MEMBERS.—Section 9314 of such title is amended
10 by inserting ‘‘or the Space Force’’ after ‘‘member of
11 the Air Force’’.
12 (15) THIRTY YEARS OR MORE: REGULAR EN-
13 LISTED MEMBERS.—Section 9317 of such title is
14 amended by inserting ‘‘or the Space Force’’ after
15 ‘‘Air Force’’.
16 (16) THIRTY YEARS OR MORE: REGULAR COM-
17 MISSIONED OFFICERS.—Section 9318 of such title is
18 amended by inserting ‘‘or the Space Force’’ after
19 ‘‘Air Force’’.
20 (17) FORTY YEARS OR MORE: AIR FORCE OFFI-
21 CERS.—
22 (A) IN GENERAL.—Section 9324 of such
23 title is amended in subsections (a) and (b) by
24 inserting ‘‘or the Space Force’’ after ‘‘Air
25 Force’’.
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1 (B) HEADING.—The heading of such sec-
2 tion 9324 is amended to read as follows:
3 ‘‘§ 9324. Forty years or more: Air Force officers and
4 Space Force officers’’.
5 (C) TABLE OF SECTIONS AMENDMENT.—
6 The table of sections at the beginning of chap-
7 ter 941 of such title is amended by striking the
8 item relating to section 9324 and inserting the
9 following new item:
‘‘9324. Forty years or more: Air Force officers and Space Force officers.’’.
10 (18) COMPUTATION OF YEARS OF SERVICE:
11 VOLUNTARY RETIREMENT; ENLISTED MEMBERS.—
12 Section 9325(a) of such title is amended by insert-
13 ing ‘‘or the Space Force’’ after ‘‘Air Force’’.
14 (19) COMPUTATION OF YEARS OF SERVICE:
15 VOLUNTARY RETIREMENT; REGULAR AND RESERVE
16 COMMISSIONED OFFICERS.—
17 (A) IN GENERAL.—Section 9326(a) of
18 such title is amended—
19 (i) in the matter preceding paragraph
20 (1), by inserting ‘‘or the Space Force’’
21 after ‘‘of the Air Force’’; and
22 (ii) in paragraph (1), by striking ‘‘or
23 the Air Force’’ and inserting ‘‘, the Air
24 Force, or the Space Force’’.
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1 (B) TECHNICAL AMENDMENTS.—Such sec-
2 tion 9326(a) is further amended by striking
3 ‘‘his’’ each place it appears and inserting ‘‘the
4 officer’s’’.
5 (20) COMPUTATION OF RETIRED PAY: LAW AP-
6 PLICABLE.—Section 9329 of such title is amended
7 by inserting ‘‘or the Space Force’’ after ‘‘Air
8 Force’’.
9 (21) RETIRED GRADE.—
10 (A) HIGHER GRADE AFTER 30 YEARS OF
11 SERVICE: WARRANT OFFICERS AND ENLISTED
12 MEMBERS.—Section 9344 of such title is
13 amended—
14 (i) in subsection (a), by inserting ‘‘or
15 the Space Force’’ after ‘‘member of the Air
16 Force’’; and
17 (ii) in subsection (b)—
18 (I) in paragraphs (1) and (3), by
19 inserting ‘‘or the Space Force’’ after
20 ‘‘Air Force’’ each place it appears;
21 and
22 (II) in paragraph (2), by insert-
23 ing ‘‘or the Regular Space Force’’
24 after ‘‘Regular Air Force’’.
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1 (B) RESTORATION TO FORMER GRADE: RE-
2 TIRED WARRANT OFFICERS AND ENLISTED
3 MEMBERS.—Section 9345 of such title is
4 amended by inserting ‘‘or the Space Force’’
5 after ‘‘member of the Air Force’’.
6 (C) RETIRED LISTS.—Section 9346 of
7 such title is amended—
8 (i) in subsections (a) and (d), by in-
9 serting ‘‘or the Regular Space Force’’ after
10 ‘‘Regular Air Force’’;
11 (ii) in subsection (b)(1), by inserting
12 before the semicolon the following: ‘‘, or
13 for commissioned officers of the Space
14 Force other than of the Regular Space
15 Force’’; and
16 (iii) in subsections (b)(2) and (c), by
17 inserting ‘‘or the Space Force’’ after ‘‘Air
18 Force’’.
19 (22) RECOMPUTATION OF RETIRED PAY TO RE-
20 FLECT ADVANCEMENT ON RETIRED LIST.—Section
21 9362(a) of such title is amended by inserting ‘‘or the
22 Space Force’’ after ‘‘Air Force’’.
23 (23) FATALITY REVIEWS.—Section 9381(a) of
24 such title is amended in paragraphs (1), (2), and (3)
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1 by inserting ‘‘or the Space Force’’ after ‘‘Air
2 Force’’.
3 (d) TRAINING.—
4 (1) MEMBERS OF AIR FORCE: DETAIL AS STU-
5 DENTS, OBSERVERS, AND INVESTIGATORS AT EDU-
6 CATIONAL INSTITUTIONS, INDUSTRIAL PLANTS, AND
7 HOSPITALS.—
8 (A) IN GENERAL.—Section 9401 of title
9 10, United States Code, is amended—
10 (i) in subsection (a), by inserting
11 ‘‘and members of the Space Force’’ after
12 ‘‘members of the Air Force’’;
13 (ii) in subsection (b), by inserting ‘‘or
14 the Regular Space Force’’ after ‘‘Regular
15 Air Force’’;
16 (iii) in subsection (c),by inserting ‘‘or
17 Reserve of the Space Force’’ after ‘‘Re-
18 serve of the Air Force’’;
19 (iv) in subsection (e), by inserting ‘‘or
20 the Space Force’’ after ‘‘Air Force’’; and
21 (v) in subsection (f)—
22 (I) by inserting ‘‘or the Regular
23 Space Force’’ after ‘‘Regular Air
24 Force’’; and
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1 (II) by inserting ‘‘or the Space
2 Force Reserve’’ after ‘‘the reserve
3 components of the Air Force’’.
4 (B) TECHNICAL AMENDMENTS.—Sub-
5 section (c) of such section 9401 is further
6 amended—
7 (i) by striking ‘‘his’’ and inserting
8 ‘‘the Reserve’s’’; and
9 (ii) by striking ‘‘he’’ and inserting
10 ‘‘the Reserve’’,
11 (C) HEADING.—The heading of such sec-
12 tion 9401 is amended to read as follows:
13 ‘‘§ 9401. Members of Air Force and Space Force: de-
14 tail as students, observers and investiga-
15 tors at educational institutions, indus-
16 trial plants, and hospitals’’.
17 (D) TABLE OF SECTIONS.—The table of
18 sections at the beginning of chapter 951 of such
19 title is amended by striking the item relating to
20 section 9401 and inserting the following new
21 item:
‘‘9401. Members of Air Force and Space Force: detail as students, observers,
and investigators at educational institutions, industrial plants,
and hospitals.’’.
22 (2) ENLISTED MEMBERS OF AIR FORCE:
23 SCHOOLS.—
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1 (A) IN GENERAL.—Section 9402 of such
2 title is amended—
3 (i) in subsection (a)—
4 (I) in the first sentence, by in-
5 serting ‘‘and enlisted members of the
6 Space Force’’ after ‘‘members of the
7 Air Force’’; and
8 (II) in the third sentence, by in-
9 serting ‘‘and Space Force officers’’
10 after ‘‘Air Force officers’’; and
11 (ii) in subsection (b), by inserting ‘‘or
12 the Space Force’’ after ‘‘Air Force’’ each
13 place it appears.
14 (B) HEADING.—The heading of such sec-
15 tion 9402 is amended to read as follows:
16 ‘‘§ 9402. Enlisted members Air Force or Space Force:
17 schools’’.
18 (C) TABLE OF SECTIONS.—The table of
19 sections at the beginning of chapter 951 of such
20 title is amended by striking the item relating to
21 section 9402 and inserting the following new
22 item:
‘‘9402. Enlisted members of Air Force or Space Force: schools.’’.
23 (3) SERVICE SCHOOLS: LEAVES OF ABSENCE
24 FOR INSTRUCTORS.—Section 9406 of such title is
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1 amended by inserting ‘‘or Space Force’’ after ‘‘Air
2 Force’’.
3 (4) DEGREE GRANTING AUTHORITY FOR
4 UNITED STATES AIR FORCE INSTITUTE OF TECH-
5 NOLOGY.—Section 9414(d)(1) of such title is
6 amended by inserting ‘‘or the Space Force’’ after
7 ‘‘needs of the Air Force’’.
8 (5) UNITED STATES AIR FORCE INSTITUTE OF
9 TECHNOLOGY: ADMINISTRATION.—Section
10 9414b(a)(2) is amended—
11 (A) by inserting ‘‘or the Space Force’’
12 after ‘‘the Air Force’’ each place it appears;
13 and
14 (B) in subparagraph (B), by inserting ‘‘or
15 the equivalent grade in the Space Force’’ after
16 ‘‘brigadier general’’.
17 (6) COMMUNITY COLLEGE OF THE AIR FORCE:
18 ASSOCIATE DEGREES.—Section 9415 of such title is
19 amended—
20 (A) in subsection (a) in the matter pre-
21 ceding paragraph (1), by striking ‘‘in the Air
22 Force’’ and inserting ‘‘in the Department of the
23 Air Force’’; and
24 (B) in subsection (b)—
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1 (i) in paragraph (1), by inserting ‘‘or
2 the Space Force’’ after ‘‘Air Force’’;
3 (ii) in paragraph (2), by striking
4 ‘‘other than’’ and all that follows through
5 the end and inserting ‘‘other than the Air
6 Force or the Space Force who are serving
7 as instructors at Department of the Air
8 Force training schools.’’; and
9 (iii) in paragraph (3), by inserting ‘‘or
10 the Space Force’’ after ‘‘Air Force’’.
11 (7) AIR FORCE ACADEMY ESTABLISHMENT; SU-
12 PERINTENDENT; FACULTY.—Section 9431(a) of such
13 title is amended by striking ‘‘Air Force cadets’’ and
14 inserting ‘‘cadets’’.
15 (8) AIR FORCE ACADEMY SUPERINTENDENT;
16 FACULTY: APPOINTMENT AND DETAIL.—Section
17 9433(a) of such title is amended by inserting ‘‘or the
18 Space Force’’ after ‘‘Air Force’’.
19 (9) AIR FORCE ACADEMY PERMANENT PROFES-
20 SORS; DIRECTOR OF ADMISSIONS.—
21 (A) IN GENERAL.—Section 9436 of such
22 title is amended—
23 (i) in subsection (a)—
24 (I) in the first sentence, by in-
25 serting ‘‘in the Air Force or the equiv-
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1 alent grade in the Space Force’’ after
2 ‘‘colonel’’;
3 (II) in the second sentence, by
4 inserting ‘‘and a permanent professor
5 appointed from the Regular Space
6 Force has the grade equivalent to the
7 grade of colonel in the Regular Air
8 Force’’ after ‘‘grade of colonel’’; and
9 (III) in the third sentence, by in-
10 serting ‘‘in the Air Force or the equiv-
11 alent grade in the Space Force’’ after
12 ‘‘lieutenant colonel’’; and
13 (ii) in subsection (b)—
14 (I) in the first sentence, ‘‘in the
15 Air Force or the equivalent grade in
16 the Space Force’’ after ‘‘colonel’’ each
17 place it appears; and
18 (II) in the second sentence, by
19 inserting ‘‘and a person appointed
20 from the Regular Space Force has the
21 grade equivalent to the grade of colo-
22 nel in the Regular Air Force’’ after
23 ‘‘grade of colonel’’.
24 (B) TECHNICAL AMENDMENTS.—Sub-
25 sections (a) and (b) of such section 9436 are
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1 further amended by striking ‘‘he’’ each place it
2 appears and inserting ‘‘such person’’.
3 (10) CADETS: APPOINTMENT; NUMBERS, TERRI-
4 TORIAL DISTRIBUTION.—
5 (A) IN GENERAL.—Section 9442 of such
6 title is amended—
7 (i) by striking ‘‘Air Force Cadets’’
8 each place it appears and inserting ‘‘ca-
9 dets’’; and
10 (ii) in subsection (b)(2), by inserting
11 ‘‘or the Regular Space Force’’ after ‘‘Reg-
12 ular Air Force’’.
13 (B) TECHNICAL AMENDMENT.—Subsection
14 (b)(4) of such section 9442 is amended by
15 striking ‘‘him’’ and inserting ‘‘the Secretary’’.
16 (11) CADETS: AGREEMENT TO SERVE AS OFFI-
17 CER.—Section 9448(a) of such title is amended—
18 (A) in paragraph (2)(A), by inserting ‘‘or
19 the Regular Space Force’’ after ‘‘Regular Air
20 Force’’; and
21 (B) in paragraph (3)(A), by inserting be-
22 fore the semicolon the following: ‘‘or as a Re-
23 serve in the Space Force for service in the
24 Space Force Reserve’’.
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1 (12) CADETS: ORGANIZATION; SERVICE; IN-
2 STRUCTION.—Section 9449 of such title is amended
3 by striking subsection (d).
4 (13) CADETS: HAZING.—Section 9452(c) of
5 such title is amended—
6 (A) by striking ‘‘an Air Force cadet’’ and
7 inserting ‘‘a cadet’’; and
8 (B) by striking ‘‘or Marine Corps’’ and in-
9 serting ‘‘Marine Corps, or Space Force’’.
10 (14) CADETS: DEGREE AND COMMISSION ON
11 GRADUATION.—Section 9453(b) of such title is
12 amended by inserting ‘‘or in the equivalent grade in
13 the Regular Space Force’’ after ‘‘Regular Air
14 Force’’.
15 (15) SUPPORT OF ATHLETIC PROGRAMS.—Sec-
16 tion 9462(c)(2) of such title is amended by striking
17 ‘‘personnel of the Air Force’’ and inserting ‘‘per-
18 sonnel of the Department of the Air Force’’.
19 (16) SCHOOLS AND CAMPS: ESTABLISHMENT:
20 PURPOSE.—Section 9481 of such title is amended—
21 (A) by inserting ‘‘, the Space Force,’’ after
22 ‘‘members of the Air Force,’’; and
23 (B) by inserting ‘‘or the Space Force Re-
24 serve’’ after ‘‘the Air Force Reserve’’.
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1 (17) SCHOOLS AND CAMPS: OPERATION.—Sec-
2 tion 9482 of such title is amended—
3 (A) in paragraph (4), by inserting ‘‘or the
4 Regular Space Force’’ after ‘‘Regular Air
5 Force’’; and
6 (B) in paragraph (7), in the matter pre-
7 ceding subparagraph (A), by inserting ‘‘or
8 Space Force’’ after ‘‘Air Force’’.
9 (e) SERVICE, SUPPLY, AND PROCUREMENT.—
10 (1) EQUIPMENT: BAKERIES, SCHOOLS, KITCH-
11 ENS, AND MESS HALLS.—Section 9536 of title 10,
12 United States Code, is amended in the matter pre-
13 ceding paragraph (1) by inserting ‘‘or the Space
14 Force’’ after ‘‘the Air Force’’.
15 (2) RATIONS.—Section 9561 of such title is
16 amended—
17 (A) in subsection (a)—
18 (i) in the first sentence, by inserting
19 ‘‘and the Space Force ration’’ after ‘‘the
20 Air Force ration’’; and
21 (ii) in the second sentence, by insert-
22 ing ‘‘or the Space Force’’ after ‘‘the Air
23 Force’’; and
24 (B) in subsection (b), by inserting ‘‘or the
25 Space Force’’ after ‘‘the Air Force’’.
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1 (3) CLOTHING.—Section 9562 of such title is
2 amended by inserting ‘‘and members of the Space
3 Force’’ after ‘‘the Air Force’’.
4 (4) CLOTHING: REPLACEMENT WHEN DE-
5 STROYED TO PREVENT CONTAGION.—Section 9563
6 of such title is amended by inserting ‘‘or the Space
7 Force’’ after ‘‘member of the Air Force’’.
8 (5) COLORS, STANDARDS, AND GUIDONS OF DE-
9 MOBILIZED ORGANIZATIONS: DISPOSITION.—Section
10 9565 of such title is amended—
11 (A) in subsection (a), in the matter pre-
12 ceding paragraph (1), by inserting ‘‘or the
13 Space Force’’ after ‘‘organizations of the Air
14 Force’’; and
15 (B) in subsection (b), by inserting ‘‘or the
16 Space Force’’ after ‘‘the Air Force’’.
17 (6) UTILITIES: PROCEEDS FROM OVERSEAS OP-
18 ERATIONS.—Section 9591 of such title is amended
19 by inserting ‘‘or the Space Force’’ after ‘‘the Air
20 Force’’.
21 (7) QUARTERS: HEAT AND LIGHT.—Section
22 9593 of such title is amended by inserting ‘‘and
23 members of the Space Force’’ after ‘‘the Air Force’’.
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1 (8) AIR FORCE MILITARY HISTORY INSTITUTE:
2 FEE FOR PROVIDING HISTORICAL INFORMATION TO
3 THE PUBLIC.—
4 (A) IN GENERAL.—Section 9594 of such
5 title is amended—
6 (i) in subsections (a) and (d), by in-
7 serting ‘‘Department of the’’ before ‘‘Air
8 Force Military History’’ each place it ap-
9 pears; and
10 (ii) in subsection (e)(1)—
11 (I) by inserting ‘‘Department of
12 the’’ before ‘‘Air Force Military His-
13 tory’’; and
14 (II) by inserting ‘‘and the Space
15 Force’’ after ‘‘materials of the Air
16 Force’’.
17 (B) HEADING.—The heading of such sec-
18 tion 9594 is amended to read as follows:
19 ‘‘§ 9594. Department of the Air Force Military History
20 Institute: fee for providing historical in-
21 formation to the public’’.
22 (C) TABLE OF SECTIONS.—The table of
23 sections at the beginning of chapter 967 of such
24 title is amended by striking the item relating to
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1 section 9594 and inserting the following new
2 item:
‘‘9594. Department of the Air Force Military History Institute: fee for providing
historical information to the public.’’.
3 (9) SUBSISTENCE AND OTHER SUPPLIES: MEM-
4 BERS OF ARMED FORCES; VETERANS; EXECUTIVE OR
5 MILITARY DEPARTMENTS AND EMPLOYEES;
6 PRICES.—Section 9621 of such title is amended—
7 (A) in subsection (a)—
8 (i) in paragraph (1), by inserting
9 ‘‘and members of the Space Force’’ after
10 ‘‘the Air Force’’; and
11 (ii) in paragraph (2), by inserting
12 ‘‘and officers of the Space Force’’ after
13 ‘‘the Air Force’’;
14 (B) in subsection (b), by inserting ‘‘or the
15 Space Force’’ after ‘‘the Air Force’’;
16 (C) in subsection (c), by inserting ‘‘or the
17 Space Force’’ after ‘‘the Air Force’’;
18 (D) in subsection (d), by striking ‘‘or Ma-
19 rine Corps’’ and inserting ‘‘Marine Corps, or
20 Space Force’’;
21 (E) in subsection (e)—
22 (i) by inserting ‘‘or the Space Force’’
23 after ‘‘the Air Force’’ the first place it ap-
24 pears; and
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1 (ii) by inserting ‘‘or the Space Force,
2 respectively’’ after ‘‘the Air Force’’ the sec-
3 ond place it appears;
4 (F) in subsection (f), by inserting ‘‘or the
5 Space Force’’ after ‘‘the Air Force’’; and
6 (G) in subsection (h)—
7 (i) by inserting ‘‘or the Space Force’’
8 after ‘‘the Air Force’’ the first place it ap-
9 pears; and
10 (ii) by inserting ‘‘or members of the
11 Space Force’’ after ‘‘members of the Air
12 Force’’.
13 (10) RATIONS: COMMISSIONED OFFICERS IN
14 FIELD.—Section 9622 of such title is amended by
15 inserting ‘‘and commissioned officers of the Space
16 Force’’ after ‘‘officers of the Air Force’’.
17 (11) MEDICAL SUPPLIES: CIVILIAN EMPLOYEES
18 OF THE AIR FORCE.—Section 9624(a) of such title
19 is amended—
20 (A) by striking ‘‘air base’’ and inserting
21 ‘‘Air Force or Space Force military installa-
22 tion’’; and
23 (B) by striking ‘‘Air Force when’’ and in-
24 serting ‘‘Department of the Air Force when’’.
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1 (12) ORDNANCE PROPERTY: OFFICERS OF
2 ARMED FORCES; CIVILIAN EMPLOYEES OF AIR
3 FORCE.—
4 (A) IN GENERAL.—Section 9625 of such
5 title is amended—
6 (i) in subsection (a), by inserting ‘‘or
7 the Space Force’’ after ‘‘officers of the Air
8 Force’’; and
9 (ii) in subsection (b), by striking ‘‘the
10 Air Force’’ and inserting ‘‘the Department
11 of the Air Force’’.
12 (B) HEADING.—The heading of such sec-
13 tion is amended to read as follows:
14 ‘‘§ 9625. Ordnance property: officers of the armed
15 forces; civilian employees of the Depart-
16 ment of the Air Force; American National
17 Red Cross; educational institutions;
18 homes for veterans’ orphans’’.
19 (C) TABLE OF SECTIONS.—The table of
20 sections at the beginning of chapter 969 of such
21 title is amended by striking the item relating to
22 section 9625 and inserting the following new
23 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.’’.
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1 (13) SUPPLIES: EDUCATIONAL INSTITUTIONS.—
2 Section 9627 of such title is amended—
3 (A) by inserting ‘‘or the Space Force’’
4 after ‘‘for the Air Force’’;
5 (B) by inserting ‘‘or the Space Force’’
6 after ‘‘officer of the Air Force’’; and
7 (C) by striking ‘‘air science and tactics’’
8 and inserting ‘‘science and tactics’’.
9 (14) SUPPLIES: MILITARY INSTRUCTION
10 CAMPS.—Section 9654 of such title is amended—
11 (A) by inserting ‘‘or Space Force’’ after
12 ‘‘an Air Force’’; and
13 (B) by striking ‘‘air science and tactics’’
14 and inserting ‘‘science and tactics’’.
15 (15) DISPOSITION OF EFFECTS OF DECEASED
16 PERSONS BY SUMMARY COURT-MARTIAL.—Section
17 9712(a)(1) of such title is amended by inserting ‘‘or
18 the Space Force’’ after ‘‘the Air Force’’.
19 (16) ACCEPTANCE OF DONATIONS: LAND FOR
20 MOBILIZATION, TRAINING, SUPPLY BASE, OR AVIA-
21 TION FIELD.—
22 (A) IN GENERAL.—Section 9771 of such
23 title is amended in paragraph (2) by inserting
24 ‘‘or space mission-related facility’’ after ‘‘avia-
25 tion field’’.
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1 (B) HEADING.—The heading of such sec-
2 tion 9771 is amended to read as follows:
3 ‘‘§ 9771. Acceptance of donations: land for mobiliza-
4 tion, training, supply base, aviation field,
5 or space mission-related facility’’.
6 (C) TABLE OF SECTIONS.—The table of
7 sections at the beginning of chapter 979 of such
8 title is amended by striking the item relating to
9 section 9771 and inserting the following new
10 item:
‘‘9771. Acceptance of donations: land for mobilization, training, supply base,
aviation field, or space mission-related facility.’’.
11 (17) ACQUISITION AND CONSTRUCTION: AIR
12 BASES AND DEPOTS.—
13 (A) IN GENERAL.—Section 9773 of such
14 title is amended—
15 (i) in subsection (a)—
16 (I) by striking ‘‘permanent air
17 bases’’ and inserting ‘‘permanent Air
18 Force and Space Force military in-
19 stallations’’;
20 (II) by striking ‘‘existing air
21 bases’’ and inserting ‘‘existing instal-
22 lations’’; and
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1 (III) by inserting ‘‘or the Space
2 Force’’ after ‘‘training of the Air
3 Force’’;
4 (ii) in subsections (b) and (c), by
5 striking ‘‘air bases’’ each place it appears
6 and inserting ‘‘installations’’;
7 (iii) in subsection (b)(7), by inserting
8 ‘‘or Space Force’’ after ‘‘Air Force’’;
9 (iv) in subsection (c)—
10 (I) in paragraph (1), by inserting
11 ‘‘or Space Force’’ after ‘‘Air Force’’;
12 and
13 (II) in paragraphs (3) and (4),
14 by inserting ‘‘or the Space Force’’
15 after ‘‘the Air Force’’ both places it
16 appears; and
17 (v) in subsection (f), by striking ‘‘air
18 base’’ and inserting ‘‘installation’’.
19 (B) HEADING.—The heading of such sec-
20 tion 9773 is amended to read as follows:
21 ‘‘§ 9773. Acquisition and construction: installations
22 and depots’’.
23 (C) TABLE OF SECTIONS.—The table of
24 sections at the beginning of chapter 979 of such
25 title is amended by striking the item relating to
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1 section 9773 and inserting the following new
2 item:
‘‘9773. Acquisition and construction: installations and depots.’’.
3 (18) EMERGENCY CONSTRUCTION: FORTIFICA-
4 TIONS.—Section 9776 of such title is amended by
5 striking ‘‘air base’’ and inserting ‘‘installation’’.
6 (19) USE OF PUBLIC PROPERTY.—Section 9779
7 of such title is amended—
8 (A) in subsection (a), by inserting ‘‘or the
9 Space Force’’ after ‘‘economy of the Air
10 Force’’; and
11 (B) in subsection (b), by inserting ‘‘or the
12 Space Force’’ after ‘‘support of the Air Force’’.
13 (20) DISPOSITION OF REAL PROPERTY AT MIS-
14 SILE SITES.—Section 9781(a)(2) of such title is
15 amended—
16 (A) in the matter preceding subparagraph
17 (A), by striking ‘‘Air Force’’ and inserting ‘‘De-
18 partment of the Air Force’’;
19 (B) in subparagraph (A), by striking ‘‘Air
20 Force’’ the first two places it appears and in-
21 serting ‘‘Department of the Air Force’’; and
22 (C) in subparagraph (C), by striking ‘‘Air
23 Force’’ and inserting ‘‘Department of the Air
24 Force’’.
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1 (21) MAINTENANCE AND REPAIR OF REAL
2 PROPERTY.—Section 9782 of such title is amended
3 in subsections (c) and (d) by inserting ‘‘or the Space
4 Force’’ after ‘‘the Air Force’’ both places it appears.
5 (22) SETTLEMENT OF ACCOUNTS: REMISSION
6 OR CANCELLATION OF INDEBTEDNESS OF MEM-
7 BERS.—Section 9837(a) of such title is amended by
8 inserting ‘‘or the Space Force’’ after ‘‘member of the
9 Air Force’’.
10 (23) FINAL SETTLEMENT OF OFFICER’S AC-
11 COUNTS.—
12 (A) IN GENERAL.—Section 9840 of such
13 title is amended by inserting ‘‘or the Space
14 Force’’ after ‘‘Air Force’’.
15 (B) TECHNICAL AMENDMENTS.—Such sec-
16 tion 9840 is further amended—
17 (i) by striking ‘‘he’’ each place it ap-
18 pears and inserting ‘‘the officer’’; and
19 (ii) by striking ‘‘his’’ each place it ap-
20 pears and inserting ‘‘the officer’s’’.
21 (24) PAYMENT OF SMALL AMOUNTS TO PUBLIC
22 CREDITORS.—Section 9841 of such title is amended
23 by inserting ‘‘or Space Force’’ after ‘‘official of Air
24 Force’’.
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1 (25) SETTLEMENT OF ACCOUNTS OF LINE OF-
2 FICERS.—Section 9842 of such title is amended by
3 inserting ‘‘or the Space Force’’ after ‘‘Air Force’’.
4 (f) SERVICE OF INCUMBENTS IN CERTAIN POSITIONS
5 WITHOUT REAPPOINTMENT.—
6 (1) IN GENERAL.—The individual serving in a
7 position under a provision of law specified in para-
8 graph (2) as of the date of the enactment of this Act
9 may continue to serve in such position after that
10 date without further appointment as otherwise pro-
11 vided by such provision of law, notwithstanding the
12 amendment of such provision of law by subsection
13 (b).
14 (2) PROVISIONS OF LAW.—The provisions of
15 law specified in this paragraph are the provisions of
16 title 10, United States Code, as follows:
17 (A) Section 9020, relating to the Inspector
18 General of the Department of the Air Force.
19 (B) Section 9036. relating to the Surgeon
20 General of the Air Force.
21 (C) Section 9037(a), relating to the Judge
22 Advocate General of the Air Force.
23 (D) Section 9037(d), relating to the Dep-
24 uty Judge Advocate General of the Air Force.
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1 (E) Section 9039, relating to the Chief of
2 Chaplains for the Air Force and the Space
3 Force.
4 SEC. 933. AMENDMENTS TO OTHER PROVISIONS OF TITLE
5 10, UNITED STATES CODE.
6 (a) DEFINITIONS.—Section 101(b)(13) of title 10,
7 United States Code, is amended in paragraph (13), by
8 striking ‘‘or Marine Corps’’ and inserting ‘‘Marine Corps,
9 or Space Force’’.
10 (b) OTHER PROVISIONS OF SUBTITLE A.—
11 (1) SPACE FORCE I.—Subtitle A of title 10,
12 United States Code, as amended by subsection (a),
13 is further amended by striking ‘‘and Marine Corps’’
14 each place it appears and inserting ‘‘Marine Corps,
15 and Space Force’’ in the following provisions:
16 (A) Section 116(a)(1) in the matter pre-
17 ceding subparagraph (A).
18 (B) Section 533(a)(2).
19 (C) Section 646.
20 (D) Section 661(a).
21 (E) Section 712(a).
22 (F) Section 717(c)(1).
23 (G) Subsections (c) and (d) of section 741.
24 (H) Section 743.
25 (I) Section 1111(b)(4).
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1 (J) Subsections (a)(2)(A) and (c)(2)(A)(ii)
2 of section 1143.
3 (K) Section 1174(j).
4 (L) Section 1463(a)(1).
5 (M) Section 1566.
6 (N) Section 2217(c)(2).
7 (O) Section 2259(a).
8 (P) Section 2640(j).
9 (2) SPACE FORCE II.—
10 (A) IN GENERAL.—Such subtitle is further
11 amended by striking ‘‘Marine Corps,’’ each
12 place it appears and inserting ‘‘Marine Corps,
13 Space Force,’’ in the following provisions:
14 (i) Section 123(a).
15 (ii) Section 172(a).
16 (iii) Section 518.
17 (iv) Section 747.
18 (v) Section 749.
19 (vi) Section 1552(c)(1).
20 (vii) Section 2632(c)(2)(A).
21 (viii) Section 2686(a).
22 (ix) Section 2733(a).
23 (B) HEADING.—The heading of section
24 747 of such title is amended to read as follows:
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1 ‘‘§ 747. Command: when different commands of Army,
2 Navy, Air Force, Marine Corps, Space
3 Force, and Coast Guard join’’.
4 (C) TABLE OF SECTIONS.—The table of
5 sections at the beginning of chapter 43 of such
6 title is amended by striking the item relating to
7 section 747 and inserting the following new
8 item:
‘‘747. Command: when different commands of Army, Navy, Air Force, Marine
Corps, Space Force, and Coast Guard join.’’.
9 (3) SPACE FORCE III.—Such subtitle is further
10 amended by striking ‘‘or Marine Corps’’ each place
11 it appears and inserting ‘‘Marine Corps, or Space
12 Force’’ in the following provisions:
13 (A) Section 125(b).
14 (B) Section 541(a).
15 (C) Section 601(a).
16 (D) Section 603(a).
17 (E) Section 619(a).
18 (F) Section 619a(a).
19 (G) Section 624(c).
20 (H) Section 625(b).
21 (I) Subsections (a) and (d) of section 631.
22 (J) Section 632(a).
23 (K) Section 637(a)(2).
24 (L) Section 638(a).
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1 (M) Section 741(d).
2 (N) Section 771.
3 (O) Section 772.
4 (P) Section 773.
5 (Q) Section 1123.
6 (R) Section 1143(d).
7 (S) Section 1174(a)(2).
8 (T) Section 1251(a).
9 (U) Section 1252(a).
10 (V) Section 1253(a).
11 (W) Section 1375.
12 (X) Section 1413a(h).
13 (Y) Section 1551.
14 (Z) Section 1561(a).
15 (AA) Section 1731(a)(1)(A)(ii).
16 (BB) Section 2102(a).
17 (CC) Section 2103a(a)(2).
18 (DD) Section 2104(b)(5).
19 (EE) Section 2107.
20 (FF) Section 2421.
21 (GG) Section 2631(a).
22 (HH) Section 2787(a).
23 (4) REGULAR SPACE FORCE I.—Such subtitle is
24 further amended by striking ‘‘or Regular Marine
25 Corps’’ each place it appears and inserting ‘‘Regular
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1 Marine Corps, or Regular Space Force’’ in the fol-
2 lowing provisions:
3 (A) Section 531(c).
4 (B) Section 532(a) in the matter preceding
5 paragraph (1).
6 (C) Subsections (a)(1), (b)(1), and (f) of
7 section 533.
8 (D) Section 633(a).
9 (E) Section 634(a).
10 (F) Section 635.
11 (G) Section 636(a).
12 (H) Section 647(c).
13 (I) Section 688(b)(1).
14 (J) Section 1181.
15 (5) REGULAR SPACE FORCE II.—Such subtitle
16 is further amended by striking ‘‘Regular Marine
17 Corps,’’ each place it appears and inserting ‘‘Reg-
18 ular Marine Corps, Regular Space Force,’’ in the
19 following provisions:
20 (A) Section 505.
21 (B) Section 506.
22 (C) Section 508.
23 (6) TRANSFER, ETC. OF FUNCTIONS, POWERS,
24 AND DUTIES.—Section 125(b) of such title, as
25 amended by paragraph (3)(A), is further amended
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1 by striking ‘‘or 9062(c)’’ and inserting ‘‘9062(c), or
2 9081’’.
3 (7) JOINT STAFF MATTERS.—
4 (A) APPOINTMENT OF CHAIRMAN; GRADE
5 AND RANK.—Section 152 of such title is
6 amended—
7 (i) in subsection (b)(1)(C), by striking
8 ‘‘or the Commandant of the Marine Corps’’
9 and inserting ‘‘the Commandant of the
10 Marine Corps, or the Chief of Space Oper-
11 ations’’; and
12 (ii) in subsection (c), by striking ‘‘or,
13 in the case of the Navy, admiral’’ and in-
14 serting ‘‘, in the case of the Navy, admiral,
15 or, in the case of an officer of the Space
16 Force, the equivalent grade,’’.
17 (B) INCLUSION OF SPACE FORCE ON JOINT
18 STAFF.—Section 155(a) of such title is amend-
19 ed—
20 (i) in paragraph (2) by inserting ‘‘the
21 Space Force and’’ before ‘‘the Coast
22 Guard’’;
23 (ii) by redesignating paragraph (3) as
24 paragraph (4); and
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1 (iii) by inserting after paragraph (2)
2 the following new paragraph (3):
3 ‘‘(3) Officers of the Space Force assigned to serve
4 on the Joint Staff shall be selected by the Chairman in
5 a number that, to the extent practicable, bears the same
6 proportion to the numbers of officers of the armed forces
7 selected under paragraph (2) as the number of Regular
8 members of the Space Force bears to the number of Reg-
9 ular members of the armed forces specified in that para-
10 graph (with the Navy and the Marine Corps treated as
11 a single armed force for purposes of this paragraph).’’.
12 (8) ARMED FORCES POLICY COUNCIL.—Section
13 171(a) of such title is amended—
14 (A) in paragraph (15), by striking ‘‘and’’;
15 (B) in paragraph (16), by striking the pe-
16 riod and inserting ‘‘; and’’; and
17 (C) by adding at the end the following new
18 paragraph:
19 ‘‘(17) the Chief of Space Operations.’’.
20 (9) JOINT REQUIREMENTS OVERSIGHT COUN-
21 CIL.—Section 181(c)(1) of such title is amended by
22 adding at the end the following new subparagraph:
23 ‘‘(F) A Space Force officer in the grade
24 equivalent to the grade of general in the Army,
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1 Air Force, or Marine Corps, or admiral in the
2 Navy.’’.
3 (10) UNFUNDED PRIORITIES.—Section 222a(b)
4 of such title is amended—
5 (A) by redesignating paragraph (5) as
6 paragraph (6); and
7 (B) by inserting after paragraph (4) the
8 following new paragraph:
9 ‘‘(5) The Chief of Space Operations.’’.
10 (11) THEATER SECURITY COOPERATION EX-
11 PENSES.—Section 312(b)(3) of such title is amended
12 by inserting ‘‘the Chief of Space Operations,’’ after
13 ‘‘the Commandant of the Marine Corps,’’.
14 (12) WESTERN HEMISPHERE INSTITUTE.—Sec-
15 tion 343(e)(1)(E) of such title is amended by insert-
16 ing ‘‘or Space Force’’ after ‘‘for the Air Force’’.
17 (13) ORIGINAL APPOINTMENTS OF COMMIS-
18 SIONED OFFICERS.—Section 531(a) of such title is
19 amended—
20 (A) in paragraph (1), by striking ‘‘and in
21 the grades of ensign, lieutenant (junior grade),
22 and lieutenant in the Regular Navy’’ and in-
23 serting ‘‘in the grades of ensign, lieutenant
24 (junior grade), and lieutenant in the Regular
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653
1 Navy, and in the equivalent grades in the Reg-
2 ular Space Force’’; and
3 (B) in paragraph (2), by striking ‘‘and in
4 the grades of lieutenant commander, com-
5 mander, and captain in the Regular Navy’’ and
6 inserting ‘‘in the grades of lieutenant com-
7 mander, commander, and captain in the Reg-
8 ular Navy, and in the equivalent grades in the
9 Regular Space Force’’.
10 (14) SERVICE CREDIT UPON ORIGINAL AP-
11 POINTMENT AS A COMMISSIONED OFFICER.—Section
12 533(b)(2) of such title is amended by striking ‘‘or
13 captain in the Navy’’ and inserting ‘‘, captain in the
14 Navy, or an equivalent grade in the Space Force’’.
15 (15) SENIOR JOINT OFFICER POSITIONS: REC-
16 OMMENDATIONS TO THE SECRETARY OF DE-
17 FENSE.—Section 604(a)(1)(A) of such title is
18 amended by inserting ‘‘and the name of at least one
19 Space Force officer’’ after ‘‘Air Force officer’’.
20 (16) FORCE SHAPING AUTHORITY.—Section
21 647(a)(2) of such title is amended by striking ‘‘of
22 that armed force’’.
23 (17) MEMBERS: REQUIRED SERVICE.—Section
24 651(b) of such title is amended by striking ‘‘of his
25 armed force’’.
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1 (18) CAREER FLEXIBILITY TO ENHANCE RE-
2 TENTION OF MEMBERS.—Section 710(c)(1) of such
3 title is amended by striking ‘‘the armed force con-
4 cerned’’ and inserting ‘‘an armed force’’.
5 (19) SENIOR MEMBERS OF MILITARY STAFF
6 COMMITTEE OF UNITED NATIONS.—Section 711 of
7 such title is amended by inserting ‘‘or the Space
8 Force’’ after ‘‘Air Force’’.
9 (20) RANK: CHIEF OF SPACE OPERATIONS.—
10 (A) IN GENERAL.—Section 743 of such
11 title is amended by striking ‘‘and the Com-
12 mandant of the Marine Corps’’ and inserting
13 ‘‘the Commandant of the Marine Corps, and
14 the Chief of Space Operations’’.
15 (B) HEADING.—The heading of such sec-
16 tion 743 is amended to read as follows:
17 ‘‘§ 743. Rank: Chief of Staff of the Army; Chief of
18 Naval Operations; Chief of Staff of the
19 Air Force; Commandant of the Marine
20 Corps; Chief of Space Operations’’.
21 (C) TABLE OF SECTIONS.—The table of
22 sections at the beginning of chapter 43 of such
23 title is amended by striking the item relating to
24 section 743 and inserting the following new
25 item:
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‘‘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.’’.
1 (21) UNIFORM CODE OF MILITARY JUSTICE.—
2 Chapter 47 of such title (the Uniform Code of Mili-
3 tary Justice) is amended—
4 (A) in section 822(a)(7) (article 22(a)(7)),
5 by striking ‘‘Marine Corps’’ and inserting ‘‘Ma-
6 rine Corps, or the commanding officer of a cor-
7 responding unit of the Space Force’’;
8 (B) in section 823(a) (article 23(a))—
9 (i) in paragraph (2)—
10 (I) by striking ‘‘Air Force base’’
11 and inserting ‘‘Air Force or Space
12 Force military installation’’; and
13 (II) by striking ‘‘or the Air
14 Force’’ and inserting ‘‘the Air Force,
15 or the Space Force’’; and
16 (ii) in paragraph (4), by inserting ‘‘or
17 a corresponding unit of the Space Force’’
18 after ‘‘Air Force’’; and
19 (C) in section 824(a)(3) (article 24(a)(3)),
20 by inserting ‘‘or a corresponding unit of the
21 Space Force’’ after ‘‘Air Force’’.
22 (22) SERVICE AS CADET OR MIDSHIPMAN NOT
23 COUNTED FOR LENGTH OF SERVICE.—Section
24 971(b)(2) of such title is amended by striking ‘‘or
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1 Air Force’’ and inserting ‘‘, Air Force, or Space
2 Force’’.
3 (23) REFERRAL BONUS.—Section 1030(h)(3) of
4 such title is amended by inserting ‘‘and the Space
5 Force’’ after ‘‘concerning the Air Force’’.
6 (24) RETURN TO ACTIVE DUTY FROM TEM-
7 PORARY DISABILITY.—Section 1211(a) of such title
8 is amended—
9 (A) in the matter preceding paragraph (1),
10 by striking ‘‘or the Air Force’’ and inserting ‘‘,
11 the Air Force, or the Space Force’’; and
12 (B) in paragraph (6)—
13 (i) by striking ‘‘or the Air Force,
14 who’’ and inserting ‘‘the Air Force, or the
15 Space Force who’’; and
16 (ii) by striking ‘‘or the Air Force, as’’
17 and inserting ‘‘the Air Force, or the Space
18 Force, as’’.
19 (25) YEARS OF SERVICE.—Section 1405(c) of
20 such title is amended by striking ‘‘or Air Force’’ and
21 inserting ‘‘, Air Force, or Space Force’’.
22 (26) RETIRED PAY BASE FOR PERSONS WHO
23 BECAME MEMBERS BEFORE SEPTEMBER 8, 1980.—
24 Section 1406 of such title is amended—
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1 (A) in the heading of subsection (e), by in-
2 serting ‘‘AND SPACE FORCE’’ after ‘‘AIR
3 FORCE’’; and
4 (B) in subsection (i)(3)—
5 (i) in subparagraph (A)—
6 (I) by redesignating clause (v) as
7 clause (vi); and
8 (II) by inserting after clause (iv)
9 the following new clause (v):
10 ‘‘(v) Chief of Space Operations.’’; and
11 (ii) in subparagraph (B)—
12 (I) by redesignating clause (v) as
13 clause (vi); and
14 (II) by inserting after clause (iv)
15 the following new clause (v):
16 ‘‘(v) The senior enlisted advisor of the
17 Space Force.’’.
18 (27) SPECIAL REQUIREMENTS FOR MILITARY
19 PERSONNEL IN THE ACQUISITION FIELD.—
20 (A) IN GENERAL.—Section 1722a(a) of
21 such title is amended by striking ‘‘and the
22 Commandant of the Marine Corps (with respect
23 to the Army, Navy, Air Force, and Marine
24 Corps, respectively)’’ and inserting ‘‘, the Com-
25 mandant of the Marine Corps, and the Chief of
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1 Space Operations (with respect to the Army,
2 Navy, Air Force, Marine Corps, and Space
3 Force, respectively)’’.
4 (B) CLARIFYING AMENDMENT.—Such sec-
5 tion 1722a(a) is further amended by striking
6 ‘‘the Under Secretary of Defense for Acquisi-
7 tion, Technology, and Logistics’’ and inserting
8 ‘‘the Under Secretary of Defense for Acquisi-
9 tion and Sustainment’’.
10 (28) SENIOR MILITARY ACQUISITION ADVI-
11 SORS.—Section 1725(e)(1)(C) of such title is
12 amended by inserting ‘‘and Space Force’’ before the
13 period.
14 (29) MILITARY FAMILY READINESS COUNCIL.—
15 Section 1781a(b)(1) of such title is amended by
16 striking ‘‘Marine Corps, and Air Force’’ each place
17 it appears and inserting ‘‘Air Force, Marine Corps,
18 and Space Force’’.
19 (30) FINANCIAL ASSISTANCE PROGRAM FOR
20 SPECIALLY SELECTED MEMBERS.—Section 2107 of
21 such title is amended—
22 (A) in subsection (a)—
23 (i) by striking ‘‘or as a’’ and inserting
24 ‘‘, as a’’; and
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1 (ii) by inserting ‘‘or as an officer in
2 the equivalent grade in the Space Force’’
3 after ‘‘Marine Corps,’’;
4 (B) in subsection (b)—
5 (i) in paragraph (3), by striking ‘‘the
6 reserve component of the armed force in
7 which he is appointed as a cadet or mid-
8 shipman’’ and inserting ‘‘the reserve com-
9 ponent of an armed force’’; and
10 (ii) in paragraph (5), by striking ‘‘re-
11 serve component of that armed force’’ each
12 place it appears and inserting ‘‘reserve
13 component of an armed force’’; and
14 (C) in subsection (d), by striking ‘‘second
15 lieutenant or ensign’’ and inserting ‘‘second
16 lieutenant, ensign, or an equivalent grade in the
17 Space Force’’.
18 (31) SPACE RAPID CAPABILITIES OFFICE.—Sec-
19 tion 2273a(d) of such title is amended by striking
20 paragraph (3).
21 (32) ACQUISITION-RELATED FUNCTIONS OF
22 CHIEFS OF THE ARMED FORCES.—Section 2547(a)
23 of such title is amended by striking ‘‘and the Com-
24 mandant of the Marine Corps’’ and inserting ‘‘the
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1 Commandant of the Marine Corps, and the Chief of
2 Space Operations’’.
3 (33) AGREEMENTS RELATED TO MILITARY
4 TRAINING, TESTING, AND OPERATIONS.—Section
5 2684a(i) of such title is amended by inserting
6 ‘‘Space Force,’’ before ‘‘or Defense-wide activities’’
7 each place it appears.
8 (c) PROVISIONS OF SUBTITLE B.—
9 (1) IN GENERAL.—Subtitle B of title 10,
10 United States Code, is amended by striking ‘‘or Ma-
11 rine Corps’’ each place it appears and inserting
12 ‘‘Marine Corps, or Space Force’’ in the following
13 provisions:
14 (A) Section 7452(c).
15 (B) Section 7621(d).
16 (2) COMPUTATION OF YEARS OF SERVICE.—
17 Section 7326(a)(1) of such title is amended by strik-
18 ing ‘‘or the Air Force’’ and inserting ‘‘, the Air
19 Force, or the Space Force’’.
20 (d) PROVISIONS OF SUBTITLE C.—
21 (1) CADETS; HAZING.—Section 8464(f) of title
22 10, United States Code, is amended by striking ‘‘or
23 Marine Corps’’ and inserting ‘‘Marine Corps, or
24 Space Force’’.
25 (2) SALES PRICES.—
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1 (A) IN GENERAL.—Section 8802 of such
2 title is amended by striking ‘‘or the Air Force’’
3 and inserting ‘‘, the Air Force, or the Space
4 Force’’.
5 (B) HEADING.—The heading of such sec-
6 tion 8802 is amended to read as follows:
7 ‘‘§ 8802. Sales: members of Army, Air Force, and
8 Space Force; prices’’.
9 (C) TABLE OF SECTIONS.—The table of
10 sections at the beginning of chapter 879 of such
11 title is amended by striking the item relating to
12 section 8802 and inserting the following new
13 item:
‘‘8802. Sales: members of Army, Air Force, and Space Force; prices.’’.
14 (3) SALES TO CERTAIN VETERANS.—Section
15 8803 of such title is amended by striking ‘‘or the
16 Marine Corps’’ and inserting ‘‘the Marine Corps, or
17 the Space Force’’.
18 (4) SUBSISTENCE AND OTHER SUPPLIES.—Sec-
19 tion 8806(d) of such title is amended by striking ‘‘or
20 Air Force or Marine Corps’’ and inserting ‘‘, Air
21 Force, Marine Corps, or Space Force’’.
22 (5) SCOPE OF CHAPTER ON PRIZE.—Section
23 8851(a) of such title is amended by striking ‘‘or the
24 Air Force’’ and inserting ‘‘, the Air Force, or the
25 Space Force’’.
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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
12 the table titled ‘‘COMMISSIONED OFFICERS’’ in
13 section 601(c) of the John Warner National Defense
14 Authorization Act for Fiscal Year 2007 (Public Law
15 109–364; 37 U.S.C. 1009 note) is amended by in-
16 serting after ‘‘Commandant of the Marine Corps,’’
17 the following: ‘‘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 Au-
21 thorization Act for Fiscal Year 2007 (Public Law
22 109–364; 37 U.S.C. 1009 note) is amended by in-
23 serting after ‘‘Sergeant Major of the Marine Corps,’’
24 the following: ‘‘the senior enlisted advisor of the
25 Space Force,’’.
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1 (c) PAY GRADES: ASSIGNMENT TO; GENERAL
2 RULES.—Section 201(a) of title 37, United States Code,
3 is amended—
4 (1) by striking ‘‘(a) For the purpose’’ and in-
5 serting ‘‘(a)(1) Subject to paragraph (2), for the
6 purpose’’; and
7 (2) by adding at the end the following new
8 paragraph:
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
14 Force.’’.
15 (d) PAY OF SENIOR ENLISTED MEMBERS.—Section
16 210(c) of title 37, United States Code, is amended—
17 (1) by redesignating paragraph (5) as para-
18 graph (6); and
19 (2) by inserting after paragraph (4) the fol-
20 lowing new paragraph (5):
21 ‘‘(5) The senior enlisted advisor of the Space
22 Force.’’.
23 (e) ALLOWANCES OTHER THAN TRAVEL AND TRANS-
24 PORTATION ALLOWANCES.—
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1 (1) PERSONAL MONEY ALLOWANCE.—Section
2 414 of title 37, United States Code, is amended—
3 (A) in subsection (a)(5), by inserting
4 ‘‘Chief of Space Operations,’’ after ‘‘Com-
5 mandant of the Marines Corps,’’; and
6 (B) in subsection (b), by inserting ‘‘the
7 senior enlisted advisor of the Space Force,’’
8 after ‘‘the Sergeant Major of the Marine
9 Corps,’’.
10 (2) CLOTHING ALLOWANCE: ENLISTED MEM-
11 BERS.—Section 418(d) of such title is amended—
12 (A) in paragraph (1), by striking ‘‘or Ma-
13 rine Corps’’ and inserting ‘‘Marine Corps, or
14 Space Force’’; and
15 (B) in paragraph (4), by striking ‘‘or the
16 Marine Corps’’ and inserting ‘‘the Marine
17 Corps, or the Space Force’’.
18 (f) TRAVEL AND TRANSPORTATION ALLOWANCES:
19 PARKING EXPENSES.—Section 481i(b) of title 37, United
20 States Code, is amended by striking ‘‘or Marine Corps’’
21 and inserting ‘‘Marine Corps, or Space Force’’.
22 (g) LEAVE.—
23 (1) ADDITION OF SPACE FORCE.—Chapter 9 of
24 title 37, United States Code, is amended by insert-
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1 ing ‘‘Space Force,’’ after ‘‘Marines Corps,’’ each
2 place it appears in the following provisions:
3 (A) Subsections (b)(1) and (e)(1) of sec-
4 tion 501.
5 (B) Section 502(a).
6 (C) Section 503(a).
7 (2) ADDITION OF REGULAR SPACE FORCE.—
8 Section 501(b)(5)(C) of such title is amended by
9 striking ‘‘or Regular Marine Corps’’ and inserting
10 ‘‘Regular Marine Corps, or Regular Space Force’’.
11 (3) TECHNICAL AMENDMENTS.—Chapter 9 of
12 such title is further amended as follows:
13 (A) In section 501(b)(1)—
14 (i) by striking ‘‘his’’ each place it ap-
15 pears and inserting ‘‘the member’s’’; and
16 (ii) by striking ‘‘he’’ and inserting
17 ‘‘the member’’.
18 (B) In section 502—
19 (i) by striking ‘‘his designated rep-
20 resentative’’ each place it appears and in-
21 serting ‘‘the Secretary’s designated rep-
22 resentative’’;
23 (ii) in subsection (a), by striking ‘‘he’’
24 each place it appears and inserting ‘‘the
25 member’’; and
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1 (iii) in subsection (b), by striking
2 ‘‘his’’ and inserting ‘‘the member’s’’.
3 (h) ALLOTMENT AND ASSIGNMENT OF PAY.—
4 (1) IN GENERAL.—Subsections (a), (c), and (d)
5 of section 701 of title 37, United States Code, are
6 each amended by striking ‘‘or Marine Corps’’ and
7 inserting ‘‘Marine Corps, or Space Force’’.
8 (2) TECHNICAL AMENDMENTS.—Such section
9 701 is further amended—
10 (A) in subsection (a), by striking ‘‘his’’ and
11 inserting ‘‘the officer’s’’;
12 (B) in subsection (b), by striking ‘‘his’’
13 and inserting ‘‘the person’s’’; and
14 (C) in subsection (c), by striking ‘‘his pay,
15 and if he does so’’ and inserting ‘‘the member’s
16 pay, and if the member does so’’.
17 (3) HEADING.—The heading of such section
18 701 is amended to read as follows:
19 ‘‘§ 701. Members of the Army, Navy, Air Force, Marine
20 Corps, and Space Force; contract sur-
21 geons’’.
22 (4) TABLE OF SECTIONS.—The table of sections
23 at the beginning of chapter 13 of such title is
24 amended by striking the item relating to section 701
25 and inserting the following new item:
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‘‘701. Members of the Army, Navy, Air Force, Marine Corps, and Space Force;
contract surgeons.’’.
1 (i) FORFEITURE OF PAY.—
2 (1) FORFEITURE FOR ABSENCE FOR INTEM-
3 PERATE USE OF ALCOHOL OR DRUGS.—
4 (A) IN GENERAL.—Section 802 of title 37,
5 United States Code, is amended by striking ‘‘or
6 Marine Corps’’ and inserting ‘‘Marine Corps, or
7 Space Force’’.
8 (B) TECHNICAL AMENDMENTS.—Such sec-
9 tion 802 is further amended by striking ‘‘his’’
10 each place it appears and inserting ‘‘the mem-
11 ber’s’’.
12 (2) FORFEITURE WHEN DROPPED FROM
13 ROLLS.—
14 (A) IN GENERAL.—Section 803 of such
15 title is amended by striking ‘‘or the Air Force’’
16 and inserting ‘‘, the Air Force, or the Space
17 Force’’.
18 (B) HEADING.—The heading of such sec-
19 tion 803 is amended to read as follows:
20 ‘‘§ 803. Commissioned officers of the Army, Air Force,
21 or Space Force: forfeiture of pay when
22 dropped from rolls’’.
23 (C) TABLE OF SECTIONS.—The table of
24 sections at the beginning of chapter 15 of such
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