Pandemic Darlings The pandemic economy, in original documents
Home Source documents S. 4049, Act To Authorize Appropriations for Fiscal Year 2021 for Military Activities of the Department of Defense

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.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Bills Bills 116S4049Es Bills 116S4049Es
Case
Bills Bills 116S4049Es Bills 116S4049Es

Cite this document

“S. 4049, Act To Authorize Appropriations for Fiscal Year 2021 for Military Activities of the Department of Defense.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4049es-bills-116s4049es/, SHA-256 6c2f02d51cbece0cfddd997314f0b5d3e9890912fb5a99d2bf7e6839d721c013.

Full text

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

       † S 4049 ES
                                    3
                 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.




  † S 4049 ES
                                      4
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.


   † S 4049 ES
                                     5
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.


  † S 4049 ES
                                     6
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).

  † S 4049 ES
                                     7
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.

  † S 4049 ES
                                    8
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.


  † S 4049 ES
                                     9
                     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.




  † S 4049 ES
                                    10
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.


  † S 4049 ES
                                   11
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

  † S 4049 ES
                                   12
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.




  † S 4049 ES
                                   13
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.


  † S 4049 ES
                                    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.



  † S 4049 ES
                                   15
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.


  † S 4049 ES
                                  16
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.

  † S 4049 ES
                                    17
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.


  † S 4049 ES
                                   18
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

  † S 4049 ES
                                   19
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



  † S 4049 ES
                                   20
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.

  † S 4049 ES
                                   21
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.


  † S 4049 ES
                                   22
                   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.

  † S 4049 ES
                                   23
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


  † S 4049 ES
                                   24
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

  † S 4049 ES
                                   25
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.

  † S 4049 ES
                                    26
                           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.

  † S 4049 ES
                                    27
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.

  † S 4049 ES
                                   28
                     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

  † S 4049 ES
                                   29
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.



  † S 4049 ES
                                  30
                     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

  † S 4049 ES
                                   31
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.

  † S 4049 ES
                                   32
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.


  † S 4049 ES
                                    33
           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


  † S 4049 ES
                                    34
                    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.

  † S 4049 ES
                                   35
 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.



  † S 4049 ES
                                       36
    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-
      † S 4049 ES
                               37
 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


      † S 4049 ES
                                38
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




     † S 4049 ES
                                 39
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:




     † S 4049 ES
                                   40
 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.




     † S 4049 ES
                               41
 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


     † S 4049 ES
                              42
 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).


     † S 4049 ES
                                43
 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).
      † S 4049 ES
                                 44
 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—


      † S 4049 ES
                                 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


      † S 4049 ES
                                46
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-




      † S 4049 ES
                              47
 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—


      † S 4049 ES
                               48
 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’’.




      † S 4049 ES
                                49
 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-
      † S 4049 ES
                                50
 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


     † S 4049 ES
                                51
 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.




      † S 4049 ES
                                   52
 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




      † S 4049 ES
                               53
 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:




      † S 4049 ES
                                54
 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.




      † S 4049 ES
                               55
 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


      † S 4049 ES
                                 56
 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


     † S 4049 ES
                              57
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




     † S 4049 ES
                                58
 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).




     † S 4049 ES
                                   59
 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


      † S 4049 ES
                                 60
 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.


      † S 4049 ES
                                  61
 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


       † S 4049 ES
                                62
 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


      † S 4049 ES
                                63
 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.




      † S 4049 ES
                              64
 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.
      † S 4049 ES
                                65
 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


      † S 4049 ES
                               66
 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




      † S 4049 ES
                               67
 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-


      † S 4049 ES
                                68
 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.




      † S 4049 ES
                                69
 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-
      † S 4049 ES
                                 70
 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.




      † S 4049 ES
                                 71
 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).


      † S 4049 ES
                              72
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-


     † S 4049 ES
                                 73
 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.




      † S 4049 ES
                              74
 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:


      † S 4049 ES
                                 75
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.




     † S 4049 ES
                                       76
 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.

       † S 4049 ES
                                   77
 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:
      † S 4049 ES
                              78
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.




     † S 4049 ES
                                79
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-


     † S 4049 ES
                                 80
 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



     † S 4049 ES
                                 81
 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.


     † S 4049 ES
                              82
 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




     † S 4049 ES
                                  83
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.




     † S 4049 ES
                               84
 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.


      † S 4049 ES
                               85
 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


      † S 4049 ES
                                  86
 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.




      † S 4049 ES
                                87
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;
      † S 4049 ES
                                 88
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;




     † S 4049 ES
                                89
 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




      † S 4049 ES
                               90
 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


      † S 4049 ES
                                91
 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




      † S 4049 ES
                               92
 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




      † S 4049 ES
                              93
 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.




     † S 4049 ES
                               94
 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
      † S 4049 ES
                               95
 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


     † S 4049 ES
                               96
 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


      † S 4049 ES
                              97
 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.




      † S 4049 ES
                                98
 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.




      † S 4049 ES
                                 99
 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




      † S 4049 ES
                              100
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


     † S 4049 ES
                               101
 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.


      † S 4049 ES
                               102
 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




      † S 4049 ES
                              103
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


     † S 4049 ES
                               104
 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.


      † S 4049 ES
                                 105
 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-


      † S 4049 ES
                             106
 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



      † S 4049 ES
                               107
 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-


      † S 4049 ES
                                   108
 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-




      † S 4049 ES
                               109
 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;




      † S 4049 ES
                              110
 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-


     † S 4049 ES
                              111
 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).


     † S 4049 ES
                               112
 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.




      † S 4049 ES
                                113
 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.


      † S 4049 ES
                               114
 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.




      † S 4049 ES
                                 115
 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)
      † S 4049 ES
                              116
 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:


      † S 4049 ES
                                     117
     ‘‘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.




       † S 4049 ES
                               118
 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




     † S 4049 ES
                               119
 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).




      † S 4049 ES
                                 120
 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.


      † S 4049 ES
                                121
 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.




     † S 4049 ES
                              122
 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


     † S 4049 ES
                               123
 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




      † S 4049 ES
                                 124
 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.


      † S 4049 ES
                             125
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


     † S 4049 ES
                              126
 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.—




     † S 4049 ES
                             127
 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.


      † S 4049 ES
                               128
 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




      † S 4049 ES
                              129
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




     † S 4049 ES
                               130
 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:




      † S 4049 ES
                               131
 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)—




      † S 4049 ES
                               132
 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




     † S 4049 ES
                              133
 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




      † S 4049 ES
                              134
 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—


      † S 4049 ES
                                135
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




     † S 4049 ES
                                136
 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,


      † S 4049 ES
                               137
 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


      † S 4049 ES
                               138
 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.




      † S 4049 ES
                              139
 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
      † S 4049 ES
                                  140
 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




      † S 4049 ES
                                 141
 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).’’.


      † S 4049 ES
                                  142
 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’’.


      † S 4049 ES
                                 143
 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—




      † S 4049 ES
                               144
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.’’.


      † S 4049 ES
                                   145
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


     † S 4049 ES
                               146
 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.’’.


      † S 4049 ES
                                147
 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-


      † S 4049 ES
                               148
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:




     † S 4049 ES
                                149
 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




      † S 4049 ES
                               150
 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-


     † S 4049 ES
                               151
 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.




      † S 4049 ES
                               152
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-



      † S 4049 ES
                               153
 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.




      † S 4049 ES
                               154
 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


      † S 4049 ES
                                155
 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;




      † S 4049 ES
                                156
 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


     † S 4049 ES
                                       157
 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.


       † S 4049 ES
                                158
 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.




      † S 4049 ES
                               159
 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-


      † S 4049 ES
                               160
 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-




      † S 4049 ES
                               161
 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


      † S 4049 ES
                               162
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;




     † S 4049 ES
                                 163
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,


     † S 4049 ES
                                     164
 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-



       † S 4049 ES
                               165
 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.


      † S 4049 ES
                                 166
 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


     † S 4049 ES
                                167
 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—


     † S 4049 ES
                                  168
 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


      † S 4049 ES
                                 169
 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’’.




      † S 4049 ES
                             170
 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
      † S 4049 ES
                               171
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


      † S 4049 ES
                            172
 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’’.




     † S 4049 ES
                               173
 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’’.


      † S 4049 ES
                               174
 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.


      † S 4049 ES
                               175
 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-




      † S 4049 ES
                                176
 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-


     † S 4049 ES
                                177
 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


     † S 4049 ES
                                 178
 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.—




     † S 4049 ES
                               179
 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)).


      † S 4049 ES
                              180
 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:


      † S 4049 ES
                              181
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.




     † S 4049 ES
                              182
 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


     † S 4049 ES
                                 183
 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-


      † S 4049 ES
                              184
 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.


      † S 4049 ES
                                 185
 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


      † S 4049 ES
                                186
 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.


     † S 4049 ES
                               187
 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


      † S 4049 ES
                               188
 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).




      † S 4049 ES
                              189
 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-
      † S 4049 ES
                              190
 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;


      † S 4049 ES
                               191
 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


     † S 4049 ES
                                192
 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.


     † S 4049 ES
                               193
 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
      † S 4049 ES
                             194
 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—


     † S 4049 ES
                              195
 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


      † S 4049 ES
                               196
 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.


      † S 4049 ES
                               197
 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-


      † S 4049 ES
                               198
 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’.’’.


      † S 4049 ES
                              199
 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’’.
      † S 4049 ES
                             200
 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.




      † S 4049 ES
                               201
 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.


      † S 4049 ES
                               202
 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’’.


      † S 4049 ES
                               203
 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


      † S 4049 ES
                               204
 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.


      † S 4049 ES
                              205
 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.


      † S 4049 ES
                               206
 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
      † S 4049 ES
                               207
 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.


      † S 4049 ES
                               208
 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.’’.




      † S 4049 ES
                                209
 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
      † S 4049 ES
                               210
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


     † S 4049 ES
                                211
 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—


      † S 4049 ES
                                 212
 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:




      † S 4049 ES
                               213
 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,


      † S 4049 ES
                               214
 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.




      † S 4049 ES
                               215
 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




      † S 4049 ES
                               216
 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


      † S 4049 ES
                              217
 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


      † S 4049 ES
                               218
 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.


      † S 4049 ES
                               219
 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.


      † S 4049 ES
                                          220
 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
        † S 4049 ES
                               221
 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.—




      † S 4049 ES
                              222
 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-




      † S 4049 ES
                                 223
 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.




      † S 4049 ES
                               224
 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.




      † S 4049 ES
                               225
 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).




      † S 4049 ES
                              226
 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—


      † S 4049 ES
                              227
 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.


      † S 4049 ES
                             228
 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.


      † S 4049 ES
                                         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-
        † S 4049 ES
                               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,


      † S 4049 ES
                               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


      † S 4049 ES
                                 232
 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-


      † S 4049 ES
                               233
 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-


      † S 4049 ES
                               234
 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’’;


      † S 4049 ES
                                 235
 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.—


      † S 4049 ES
                              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.




     † S 4049 ES
                              237
 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


     † S 4049 ES
                                 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


      † S 4049 ES
                              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-



     † S 4049 ES
                              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;




     † S 4049 ES
                                 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


     † S 4049 ES
                              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


     † S 4049 ES
                                244
 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.




      † S 4049 ES
                              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.




     † S 4049 ES
                                 248
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


      † S 4049 ES
                              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—




     † S 4049 ES
                              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


     † S 4049 ES
                                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




      † S 4049 ES
                               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-



     † S 4049 ES
                            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


     † S 4049 ES
                                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


      † S 4049 ES
                             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-


      † S 4049 ES
                                          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.’’.


        † S 4049 ES
                                  265
 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


      † S 4049 ES
                                 266
 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)—




      † S 4049 ES
                                267
 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)).




      † S 4049 ES
                                 268
 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
      † S 4049 ES
                                269
 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)—


      † S 4049 ES
                                270
 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)—


     † S 4049 ES
                                271
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—


      † S 4049 ES
                                272
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


      † S 4049 ES
                                 273
 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.—


     † S 4049 ES
                               274
 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;




     † S 4049 ES
                               275
 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’’.




      † S 4049 ES
                                   276
 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.—


      † S 4049 ES
                              277
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




     † S 4049 ES
                               278
 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—




      † S 4049 ES
                              279
 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


      † S 4049 ES
                                280
 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.




     † S 4049 ES
                              281
 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.




     † S 4049 ES
                               282
 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.




      † S 4049 ES
                               283
 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



      † S 4049 ES
                               284
 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—


     † S 4049 ES
                                 285
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-


     † S 4049 ES
                              286
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.




     † S 4049 ES
                              287
 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—


      † S 4049 ES
                               288
 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’’.




      † S 4049 ES
                                289
 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;
      † S 4049 ES
                                290
 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-


      † S 4049 ES
                              291
 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-


      † S 4049 ES
                               292
 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.


      † S 4049 ES
                              293
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.




     † S 4049 ES
                             294
 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


      † S 4049 ES
                                295
 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;


      † S 4049 ES
                                  296
 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




      † S 4049 ES
                                297
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.




      † S 4049 ES
                                 298
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.’’.




     † S 4049 ES
                               299
 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


      † S 4049 ES
                              300
 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.


      † S 4049 ES
                                301
 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):
      † S 4049 ES
                              302
 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


     † S 4049 ES
                             303
 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.’’.




      † S 4049 ES
                                304
 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.’’.




      † S 4049 ES
                                  305
 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:


      † S 4049 ES
                              306
 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.




      † S 4049 ES
                               307
 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.
      † S 4049 ES
                              308
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.




     † S 4049 ES
                              309
 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.


      † S 4049 ES
                             310
 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.—




      † S 4049 ES
                               311
 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).


      † S 4049 ES
                                312
 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.




      † S 4049 ES
                                 313
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


      † S 4049 ES
                               314
 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:


      † S 4049 ES
                               315
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.


     † S 4049 ES
                                316
 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-


      † S 4049 ES
                               317
 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.




      † S 4049 ES
                              318
 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


      † S 4049 ES
                                   319
 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-


      † S 4049 ES
                               320
 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.




      † S 4049 ES
                               321
 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.—
      † S 4049 ES
                                322
 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


     † S 4049 ES
                            323
 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.




     † S 4049 ES
                              324
 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




     † S 4049 ES
                               325
 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




      † S 4049 ES
                               326
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


     † S 4049 ES
                               327
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.




     † S 4049 ES
                                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:


     † S 4049 ES
                                329
 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)’’.




      † S 4049 ES
                              330
 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):




      † S 4049 ES
                                      331
 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.’’.




       † S 4049 ES
                              332
 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.


      † S 4049 ES
                              333
 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


      † S 4049 ES
                            335
 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.’’.


      † S 4049 ES
                                       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


      † S 4049 ES
                                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:




      † S 4049 ES
                               339
 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.




      † S 4049 ES
                               340
 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




     † S 4049 ES
                               341
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).


     † S 4049 ES
                              342
 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.




     † S 4049 ES
                              343
 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:




     † S 4049 ES
                               344
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’’).


      † S 4049 ES
                               345
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.




     † S 4049 ES
                             346
 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:


     † S 4049 ES
                               347
 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


      † S 4049 ES
                                348
 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-


      † S 4049 ES
                                   349
 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


      † S 4049 ES
                                350
 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
                               351
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.




      † S 4049 ES
                               352
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-


     † S 4049 ES
                                 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.’’.




      † S 4049 ES
                                 354
 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.’’.




      † S 4049 ES
                               355
 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).
      † S 4049 ES
                              356
 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.—


      † S 4049 ES
                              357
 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-


      † S 4049 ES
                              358
 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.


     † S 4049 ES
                              359
 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-


     † S 4049 ES
                              360
 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


     † S 4049 ES
                                361
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.


     † S 4049 ES
                               362
 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




     † S 4049 ES
                               363
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


     † S 4049 ES
                              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




     † S 4049 ES
                              365
 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-




     † S 4049 ES
                                 366
 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’)


      † S 4049 ES
                               367
 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


      † S 4049 ES
                               368
 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


     † S 4049 ES
                               369
 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,




      † S 4049 ES
                               370
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


     † S 4049 ES
                                 371
 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).’’.


      † S 4049 ES
                              372
 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



      † S 4049 ES
                                373
 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
                               375
 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
                             378
 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
                               382
 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’’.


      † S 4049 ES
                               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
                               384
 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.




      † S 4049 ES
                                  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.—


      † S 4049 ES
                                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


      † S 4049 ES
                                  390
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.


      † S 4049 ES
                              391
 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


      † S 4049 ES
                              392
 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.


      † S 4049 ES
                               393
 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).


      † S 4049 ES
                                394
 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-



      † S 4049 ES
                                        395
 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


       † S 4049 ES
                                 396
 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




      † S 4049 ES
                               397
 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


      † S 4049 ES
                               398
 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




      † S 4049 ES
                             399
 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):


     † S 4049 ES
                                  400
 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.


      † S 4049 ES
                               401
 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.




      † S 4049 ES
                                  402
 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’’.




        † S 4049 ES
                                403
 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.




      † S 4049 ES
                               404
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



      † S 4049 ES
                                405
 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):




      † S 4049 ES
                                407
 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
                                408
 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


       † S 4049 ES
                            409
 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




     † S 4049 ES
                               410
 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


      † S 4049 ES
                                411
 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.’’.




      † S 4049 ES
                                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’’;




      † S 4049 ES
                                413
 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:




      † S 4049 ES
                                     414
 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.’’.




       † S 4049 ES
                               415
 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)’’.




      † S 4049 ES
                               416
 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
      † S 4049 ES
                               417
 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.


      † S 4049 ES
                              418
 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-
      † S 4049 ES
                               419
 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-


      † S 4049 ES
                              420
 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




     † S 4049 ES
                               421
 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




     † S 4049 ES
                               422
 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.


     † S 4049 ES
                                423
 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



     † S 4049 ES
                                 424
 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
                              426
 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:


     † S 4049 ES
                              427
 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


     † S 4049 ES
                               428
 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.




      † S 4049 ES
                               429
 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


      † S 4049 ES
                                430
 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




     † S 4049 ES
                                     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—


       † S 4049 ES
                              432
 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




      † S 4049 ES
                                434
 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


      † S 4049 ES
                                 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.’’.




      † S 4049 ES
                                       436
 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


       † S 4049 ES
                              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


      † S 4049 ES
                                  438
 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.




     † S 4049 ES
                               439
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);




     † S 4049 ES
                                440
 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.


     † S 4049 ES
                                441
 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


       † S 4049 ES
                                442
 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.—


      † S 4049 ES
                              443
 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


     † S 4049 ES
                                 444
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




     † S 4049 ES
                              445
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


     † S 4049 ES
                               446
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:




     † S 4049 ES
                              447
 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-




      † S 4049 ES
                               448
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.




     † S 4049 ES
                               449
 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—




      † S 4049 ES
                              450
 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


      † S 4049 ES
                              451
 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-




      † S 4049 ES
                              452
 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—


     † S 4049 ES
                                 453
 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—




      † S 4049 ES
                               454
 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;




      † S 4049 ES
                               455
 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.


      † S 4049 ES
                                  456
 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.




     † S 4049 ES
                                 457
 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.
      † S 4049 ES
                                458
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-


     † S 4049 ES
                                 459
 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.




      † S 4049 ES
                              460
 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.
      † S 4049 ES
                                461
 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.




      † S 4049 ES
                                 462
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-


     † S 4049 ES
                               463
 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).




      † S 4049 ES
                              464
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


      † S 4049 ES
                                 465
 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.




      † S 4049 ES
                               467
 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).
      † S 4049 ES
                                 468
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
                              469
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
                              470
 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:




     † S 4049 ES
                                471
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
                                 472
 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
                                     474
 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.—



       † S 4049 ES
                                   475
 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
                                  477
 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
                                    478
 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
                                479
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
                              482
 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).




     † S 4049 ES
                               490
 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-


      † S 4049 ES
                                491
 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


      † S 4049 ES
                              492
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.




     † S 4049 ES
                              493
 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).




     † S 4049 ES
                                494
 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
      † S 4049 ES
                               495
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


     † S 4049 ES
                                 496
 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;




      † S 4049 ES
                              497
 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.


      † S 4049 ES
                                498
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-
      † S 4049 ES
                                499
 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;


      † S 4049 ES
                               500
 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.


      † S 4049 ES
                                501
 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-


      † S 4049 ES
                              502
 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


      † S 4049 ES
                               503
 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;


      † S 4049 ES
                              504
 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
                               505
 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;


      † S 4049 ES
                               506
 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;


      † S 4049 ES
                                507
 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


     † S 4049 ES
                               508
 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




      † S 4049 ES
                               509
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.


      † S 4049 ES
                               510
 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




       † S 4049 ES
                              512
 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
                              513
 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


      † S 4049 ES
                              514
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


     † S 4049 ES
                                 515
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.


     † S 4049 ES
                               516
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.




     † S 4049 ES
                              517
 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-


     † S 4049 ES
                                 518
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




      † S 4049 ES
                                  519
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’’;


     † S 4049 ES
                               520
 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


      † S 4049 ES
                              521
 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.’’.




      † S 4049 ES
                              522
 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.




      † S 4049 ES
                               523
 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-


      † S 4049 ES
                              524
 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),


      † S 4049 ES
                              525
 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-



      † S 4049 ES
                              526
 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:




      † S 4049 ES
                               527
 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.
      † S 4049 ES
                               528
 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.’’.


      † S 4049 ES
                                       529
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



       † S 4049 ES
                               530
 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’’.


      † S 4049 ES
                                       531
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

       † S 4049 ES
                              532
 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


      † S 4049 ES
                              533
 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


     † S 4049 ES
                              534
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;




     † S 4049 ES
                               535
 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,


     † S 4049 ES
                              536
 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


     † S 4049 ES
                                  537
 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.




     † S 4049 ES
                              538
 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


     † S 4049 ES
                              539
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,


     † S 4049 ES
                              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.


     † S 4049 ES
                             541
 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.


     † S 4049 ES
                              542
 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




      † S 4049 ES
                                  543
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




     † S 4049 ES
                               544
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


     † S 4049 ES
                               545
 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-


      † S 4049 ES
                              546
 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


      † S 4049 ES
                              547
 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
                                548
 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


      † S 4049 ES
                               549
 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


      † S 4049 ES
                            550
 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


     † S 4049 ES
                                       551
 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



       † S 4049 ES
                                  552
 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;


      † S 4049 ES
                               553
 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


      † S 4049 ES
                                554
 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


      † S 4049 ES
                              555
 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.


      † S 4049 ES
                                   556
 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


      † S 4049 ES
                              557
 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-




      † S 4049 ES
                                558
 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;


      † S 4049 ES
                               559
 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-


      † S 4049 ES
                              560
 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.


      † S 4049 ES
                               561
 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-


      † S 4049 ES
                              562
 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)’’.


      † S 4049 ES
                               563
 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—


      † S 4049 ES
                                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
                              565
 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).




     † S 4049 ES
                                       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-


      † S 4049 ES
                                589
 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




      † S 4049 ES
                              590
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-


     † S 4049 ES
                              591
 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


     † S 4049 ES
                               592
 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


      † S 4049 ES
                              593
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


     † S 4049 ES
                                594
 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




     † S 4049 ES
                              595
 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)—




     † S 4049 ES
                               596
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.




     † S 4049 ES
                                597
 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


     † S 4049 ES
                               598
 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
                                599
 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-




      † S 4049 ES
                               600
 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:


       † S 4049 ES
                                 601
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)—




     † S 4049 ES
                               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).




      † S 4049 ES
                                603
 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):


      † S 4049 ES
                               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
                                605
 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),




      † S 4049 ES
                                       606
 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


       † S 4049 ES
                               607
 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




      † S 4049 ES
                                  608
 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




      † S 4049 ES
                                        609
 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:


       † S 4049 ES
                                            610
 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)—




        † S 4049 ES
                               611
 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




     † S 4049 ES
                              612
 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)—


     † S 4049 ES
                              613
 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’’;


     † S 4049 ES
                                  614
 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)—




     † S 4049 ES
                                615
 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—




     † S 4049 ES
                                     616
 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.’’.


       † S 4049 ES
                                      617
 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—



       † S 4049 ES
                                          618
 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’’.



        † S 4049 ES
                               619
 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—




     † S 4049 ES
                               620
 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


     † S 4049 ES
                                621
 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’’.


     † S 4049 ES
                                        622
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’’.


       † S 4049 ES
                                623
 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’’.




     † S 4049 ES
                              624
 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)




     † S 4049 ES
                              625
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




     † S 4049 ES
                                       626
 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.—



       † S 4049 ES
                                       627
 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


       † S 4049 ES
                               628
 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)—




     † S 4049 ES
                                629
 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-


     † S 4049 ES
                               630
 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


     † S 4049 ES
                                  631
 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’’.




     † S 4049 ES
                               632
 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’’.




     † S 4049 ES
                               633
 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’’.


     † S 4049 ES
                               634
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’’.




     † S 4049 ES
                                  635
 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




     † S 4049 ES
                                       636
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

       † S 4049 ES
                                 637
 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’’.




     † S 4049 ES
                                        638
 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.’’.




       † S 4049 ES
                                639
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’’.


     † S 4049 ES
                                      640
 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




       † S 4049 ES
                                641
 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


     † S 4049 ES
                                         642
 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’’.


       † S 4049 ES
                               643
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’’.




     † S 4049 ES
                              644
 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.




     † S 4049 ES
                               645
 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).


      † S 4049 ES
                              646
 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:




     † S 4049 ES
                                    647
 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).

       † S 4049 ES
                             648
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


     † S 4049 ES
                                649
 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


     † S 4049 ES
                                650
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




     † S 4049 ES
                               651
 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,




     † S 4049 ES
                              652
 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




     † S 4049 ES
                              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’’.


     † S 4049 ES
                              654
 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:


     † S 4049 ES
                                     655
     ‘‘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
       † S 4049 ES
                              656
 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—




     † S 4049 ES
                               657
 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


     † S 4049 ES
                                658
 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




     † S 4049 ES
                                659
 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




     † S 4049 ES
                              660
 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.—


     † S 4049 ES
                                       661
 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’’.
       † S 4049 ES
                              662
 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,’’.


      † S 4049 ES
                              663
 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.—




      † S 4049 ES
                               664
 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-




      † S 4049 ES
                                 665
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


     † S 4049 ES
                                666
 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:


     † S 4049 ES
                                     667
     ‘‘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

Full text truncated for size; the complete document is in the PDF above.

File and source

File
BILLS_bills-116s4049es_bills-116s4049es.pdf
Size
2,412,931 bytes
SHA-256
6c2f02d51cbece0cfddd997314f0b5d3e9890912fb5a99d2bf7e6839d721c013
Our copy
BILLS_bills-116s4049es_bills-116s4049es.pdf
Original
www.govinfo.gov
Back to top