S. 4049 (116th Congress) — Appropriations for fiscal year 2021 for military activities of the Department of Defense
Summary
S. 4049 was reported June 23, 2020 by Mr. Inhofe, from the Committee on Armed Services, as an original bill, read twice and placed on the calendar as Calendar No. 483. It is a bill to authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, and to prescribe military personnel strengths. Section 2 organizes the Act into four divisions, including Division A on Department of Defense Authorizations and Division D on Funding Tables. A table of contents follows.
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“S. 4049 (116th Congress) — Appropriations for fiscal year 2021 for military activities of the Department of Defense.”
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II
Calendar No. 483
116TH CONGRESS
2D SESSION
S. 4049
To authorize appropriations for fiscal year 2021 for military activities of
the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE 23, 2020
Mr. INHOFE, from the Committee on Armed Services, reported the following
original bill; which was read twice and placed on the calendar
A BILL
To authorize appropriations for fiscal year 2021 for military
activities of the Department of Defense, for military
construction, and for defense activities of the Depart-
ment of Energy, to prescribe military personnel strengths
for such fiscal year, and for other purposes.
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-
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5 thorization Act for Fiscal Year 2021’’.
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2
1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
2 CONTENTS.
3 (a) DIVISIONS.—This Act is organized into four divi-
4 sions as follows:
5 (1) Division A—Department of Defense Au-
6 thorizations.
7 (2) Division B—Military Construction Author-
8 izations.
9 (3) Division C—Department of Energy Na-
10 tional Security Authorizations and Other Authoriza-
11 tions.
12 (4) Division D—Funding Tables.
13 (b) TABLE OF CONTENTS.—The table of contents for
14 this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Integrated air and missile defense assessment.
Sec. 112. Report and limitation on Integrated Visual Augmentation System ac-
quisition.
Sec. 113. Modifications to requirement for an interim cruise missile defense ca-
pability.
Subtitle C—Navy Programs
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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.
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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.
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.
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TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
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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.
Sec. 234. Independent technical review of Federal Communications Commission
Order 20–48.
Sec. 235. Report on and limitation on expenditure of funds for 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.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
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Subtitle B—Energy and Environment
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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.
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.
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.
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Sec. 376. Improvement of the Operational Energy Capability Improvement
Fund of the Department of Defense.
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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).
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.
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Sec. 507. Clarifying and improving restatement of rules on the retired grade of
commissioned officers.
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Sec. 508. Repeal of authority for original appointment of regular Navy officers
designated for engineering duty, aeronautical engineering duty,
and special duty.
Subtitle B—Reserve Component Management
Sec. 511. Exclusion of certain reserve general and flag officers on active duty
from limitations on authorized strengths.
Subtitle C—General Service Authorities
Sec. 516. Increased access to potential recruits.
Sec. 517. Temporary authority to order retired members to active duty in high-
demand, low-density assignments during war or national emer-
gency.
Sec. 518. Certificate of Release or Discharge from Active Duty (DD Form 214)
matters.
Sec. 519. Evaluation of barriers to minority participation in certain units of the
Armed Forces.
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.
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.
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Sec. 532. Consideration of the evidence by Courts of Criminal Appeals.
Sec. 533. Preservation of records of the military justice system.
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Sec. 534. Comptroller General of the United States report on implementation
by the Armed Forces of recent GAO recommendations and
statutory requirements on assessment of racial, ethnic, and
gender 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.
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.
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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
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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.
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.
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.
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.
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Subtitle C—Disability Pay, Retired Pay, and Survivor Benefits
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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.
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.
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.
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Sec. 745. Study on force mix options and service models to enhance readiness
of medical force of the Armed Forces to provide combat cas-
ualty care.
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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.
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
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Sec. 841. Authority to acquire innovative commercial products and services
using general solicitation competitive procedures.
Sec. 842. Truth in Negotiations Act threshold for Department of Defense con-
tracts.
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Sec. 843. Revision of proof required when using an evaluation factor for de-
fense contractors employing or subcontracting with members of
the selected reserve of the reserve components of the Armed
Forces.
Sec. 844. Contract authority for advanced development of initial or additional
prototype units.
Sec. 845. Definition of business system deficiencies for contractor business sys-
tems.
Sec. 846. Repeal of pilot program on payment of costs for denied Government
Accountability Office bid protests.
Subtitle D—Provisions Relating to Major Defense Acquisition Programs
Sec. 861. Implementation of modular open systems architecture requirements.
Sec. 862. Sustainment reviews.
Sec. 863. Recommendations for future direct selections.
Sec. 864. Disclosures for certain shipbuilding major defense acquisition pro-
gram offers.
Subtitle E—Small Business Matters
Sec. 871. Prompt payment of contractors.
Sec. 872. Extension of pilot program for streamlined awards for innovative
technology programs.
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.
Subtitle G—Other Matters
Sec. 891. Safeguarding defense-sensitive United States intellectual property,
technology, and other data and information.
Sec. 892. Domestic comparative testing activities.
Sec. 893. Repeal of apprenticeship program.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Assistant Secretary of Defense for Special Operations and Low Inten-
sity Conflict and related matters.
Sec. 902. Redesignation and codification in law of Office of Economic Adjust-
ment.
Sec. 903. Modernization of process used by the Department of Defense to iden-
tify, task, and manage Congressional reporting requirements.
Sec. 904. Inclusion of Vice Chief of the National Guard Bureau as an advisor
to the Joint Requirements Oversight Council.
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Sec. 905. Assignment of responsibility for the Arctic region within the Office
of the Secretary of Defense.
Subtitle B—Department of Defense Management Reform
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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. 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.
Subtitle D—Organization and Management of Other Department of Defense
Offices and Elements
Sec. 951. Annual report on establishment of field operating agencies.
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.
Subtitle B—Counterdrug Activities
Sec. 1011. Codification of authority for joint task forces of the Department of
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Defense to support law enforcement agencies conducting
counterterrorism or counter-transnational organized crime ac-
tivities.
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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.
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.
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Subtitle F—Studies and Reports
Sec. 1061. Report on potential improvements to certain military educational in-
stitutions of the Department of Defense.
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Sec. 1062. Reports on status and modernization of the North Warning System.
Sec. 1063. Studies on the force structure for Marine Corps aviation.
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.
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.
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.
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Sec. 1113. Technical amendments to authority for reimbursement of Federal,
State, and local income taxes incurred during travel, transpor-
tation, and relocation.
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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.
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
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
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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.
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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.
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.
Subtitle F—Reports
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.
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.
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Sec. 1286. Establishment of United States-Israel Operations-Technology Work-
ing Group.
TITLE XIII—COOPERATIVE THREAT REDUCTION
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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.
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-
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ghanistan reconstruction.
TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE
MATTERS
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Subtitle A—Space Activities
Sec. 1601. Resilient and survivable positioning, navigation, and timing capabili-
ties.
Sec. 1602. Distribution of launches for phase two of acquisition strategy for
National Security Space Launch program.
Sec. 1603. Development efforts for National Security Space Launch providers.
Sec. 1604. Timeline for nonrecurring design validation for responsive space
launch.
Sec. 1605. Tactically responsive space launch operations.
Sec. 1606. Conforming amendments relating to reestablishment of Space Com-
mand.
Sec. 1607. Space Development Agency development requirements and transfer
to Space Force.
Sec. 1608. Space launch rate assessment.
Sec. 1609. Report on impact of acquisition strategy for the National Security
Space Launch Program on emerging foreign space launch pro-
viders.
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.
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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.
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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.
Sec. 1641. Report on Cyber Institutes Program.
Sec. 1642. Assistance for small manufacturers in the defense industrial supply
chain on matters relating to cybersecurity.
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.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
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Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified
by law.
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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.
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TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land acquisition
projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
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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.
TITLE XXVIII—MILITARY CONSTRUCTION AND GENERAL
PROVISIONS
Subtitle A—Military Construction Program
Sec. 2801. Responsibility of Navy for military construction requirements for
certain Fleet Readiness Centers.
Sec. 2802. Construction of ground-based strategic deterrent launch facilities
and launch centers for Air Force.
Subtitle B—Military Family Housing
Sec. 2821. Prohibition on substandard family housing units.
Sec. 2822. Technical corrections to privatized military housing program.
Sec. 2823. Requirement that Secretary of Defense implement recommendations
relating to military family housing contained in report by In-
spector General of Department of Defense.
Subtitle C—Project Management and Oversight Reforms
Sec. 2841. Promotion of energy resilience and energy security in privatized util-
ity systems.
Sec. 2842. Consideration of energy security and energy resilience in life-cycle
cost for military construction.
Subtitle D—Land Conveyances
Sec. 2861. Renewal of Fallon Range Training Complex land withdrawal and
reservation.
Sec. 2862. Renewal of Nevada Test and Training Range land withdrawal and
reservation.
Sec. 2863. Transfer of land under the administrative jurisdiction of the Depart-
ment of the Interior within Naval Support Activity Panama
City, Florida.
Sec. 2864. Land conveyance, Camp Navajo, Arizona.
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Subtitle E—Other Matters
Sec. 2881. Military family readiness considerations in basing decisions.
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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.
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.
Sec. 3112. Treatment of budget of National Nuclear Security Administration.
Sec. 3113. Responsibility of Administrator for Nuclear Security for ensuring
National Nuclear Security Administration budget satisfies nu-
clear weapons needs of Department of Defense.
Sec. 3114. Participation of Secretary of Defense in planning, programming,
budgeting, and execution process of National Nuclear Security
Administration.
Sec. 3115. Requirement for updated planning, programming, budgeting, and
execution guidance for National Nuclear Security Administra-
tion.
Sec. 3116. Cross-training in budget processes of Department of Defense and
National Nuclear Security Administration.
Subtitle C—Personnel Matters
Sec. 3121. National Nuclear Security Administration Personnel System.
Sec. 3122. Inclusion of certain employees and contractors of Department of
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tain death benefits.
Sec. 3123. Reimbursement for liability insurance for nuclear materials couriers.
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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.
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. Laboratory- or production facility-directed research and development
programs.
Sec. 3153. Prohibition on use of laboratory- or production facility-directed re-
search and development funds for general and administrative
overhead costs.
Sec. 3154. Monitoring of industrial base for nuclear weapons components, sub-
systems, and materials.
Sec. 3155. Prohibition on use of funds for advanced naval nuclear fuel system
based on low-enriched uranium.
Sec. 3156. Authorization of appropriations for W93 nuclear warhead program.
Sec. 3157. Review of future of computing beyond exascale at the National Nu-
clear Security Administration.
Sec. 3158. Application of requirement for independent cost estimates and re-
views to new nuclear weapon systems.
Sec. 3159. Extension and expansion of limitations on importation of uranium
from Russian Federation.
Sec. 3160. Integration of stockpile stewardship and nonproliferation missions.
Sec. 3161. Technology development and integration program.
Sec. 3162. Advanced manufacturing development program.
Sec. 3163. Materials science program.
Sec. 3164. Modifications to Inertial Confinement Fusion Ignition and High
Yield Program.
Sec. 3165. Earned value management program for life extension programs.
Sec. 3166. Use of high performance computing capabilities for COVID–19 re-
search.
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Sec. 3167. Availability of stockpile responsiveness funds for projects to reduce
time necessary to execute a nuclear test.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
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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.
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.
1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
2 In this Act, the term ‘‘congressional defense commit-
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3 tees’’ has the meaning given that term in section
4 101(a)(16) of title 10, United States Code.
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1 SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
2 The budgetary effects of this Act, for the purposes
3 of complying with the Statutory Pay-As-You-Go Act of
4 2010, shall be determined by reference to the latest state-
5 ment titled ‘‘Budgetary Effects of PAYGO Legislation’’
6 for this Act, jointly submitted for printing in the Congres-
7 sional Record by the Chairmen of the House and Senate
8 Budget Committees, provided that such statement has
9 been submitted prior to the vote on passage in the House
10 acting first on the conference report or amendment be-
11 tween the Houses.
12 DIVISION A—DEPARTMENT OF
13 DEFENSE AUTHORIZATIONS
14 TITLE I—PROCUREMENT
15 Subtitle A—Authorization of
16 Appropriations
17 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
18 Funds are hereby authorized to be appropriated for
19 fiscal year 2021 for procurement for the Army, the Navy
20 and the Marine Corps, the Air Force, and Defense-wide
21 activities, as specified in the funding table in section 4101.
22 Subtitle B—Army Programs
23 SEC. 111. INTEGRATED AIR AND MISSILE DEFENSE ASSESS-
24 MENT.
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25 (a) ASSESSMENT BY SECRETARY OF THE ARMY.—
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1 (1) IN GENERAL.—The Secretary of the Army
2 shall conduct a classified assessment of the capa-
3 bility and capacity of current and planned integrated
4 air and missile defense (IAMD) capabilities to meet
5 combatant commander requirements for major oper-
6 ations against great-power competitors and other
7 global operations in support of the National Defense
8 Strategy.
9 (2) ELEMENTS.—The assessment required by
10 paragraph (1) shall include the following:
11 (A) Analysis and characterization of cur-
12 rent and emerging threats, including the fol-
13 lowing:
14 (i) Cruise, hypersonic, and ballistic
15 missiles.
16 (ii) Unmanned aerial systems.
17 (iii) Rockets.
18 (iv) Other indirect fire.
19 (v) Specific and meaningfully varied
20 examples within each of subclauses (I)
21 through (IV).
22 (B) Analysis of current and planned inte-
23 grated air and missile defense capabilities to
24 counter the threats analyzed and characterized
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1 under subparagraph (A), including the fol-
2 lowing:
3 (i) Projected timelines for develop-
4 ment, procurement, and fielding of planned
5 integrated air and missile defense capabili-
6 ties.
7 (ii) Projected capability gaps.
8 (iii) Opportunities for acceleration or
9 need for incorporation of interim capabili-
10 ties to address current and projected gaps.
11 (C) Analysis of current and planned capac-
12 ity to meet major contingency plan require-
13 ments and ongoing global operations of the
14 combatant commands, including the following:
15 (i) Current and planned numbers of
16 integrated air and missile defense systems
17 and formations, including munitions.
18 (ii) Capacity gaps in addressing com-
19 batant command requirements.
20 (iii) Operations tempo stress on inte-
21 grated air and missile defense formations
22 and personnel.
23 (iv) Plans of the Secretary to continue
24 to increase integrated air and missile de-
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1 (D) Assessment of integrated air and mis-
2 sile defense architecture and enabling command
3 and control systems, including the following:
4 (i) A description of the integrated air
5 and missile defense architecture and com-
6 ponent counter unmanned aerial systems
7 (C-UAS) sub-architecture.
8 (ii) Identification of the enabling com-
9 mand and control (C2) systems.
10 (iii) Inter-connectivity of the enabling
11 command and control systems.
12 (iv) Compatibility of the enabling
13 command and control systems with
14 planned Joint All Domain Command and
15 Control (JADC2) architecture.
16 (E) Assessment of proponency within the
17 Army of integrated air and missile defense and
18 counter unmanned aerial systems, including the
19 following:
20 (i) A description of the current
21 proponency structure.
22 (ii) Adequacy of the current
23 proponency structure to facilitate Army ex-
24 ecutive agency integrated air and missile
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1 tems functions for the Department of De-
2 fense.
3 (iii) Benefits of establishing inte-
4 grated air and missile defense and counter
5 unmanned aerial systems centers of excel-
6 lence to help focus Army and joint force ef-
7 forts to achieving a functional integrated
8 air and missile defense capability and ca-
9 pacity to meet requirements of the combat-
10 ant commands.
11 (3) CHARACTERIZATION.—
12 (A) IN GENERAL.—In carrying out para-
13 graph (2)(A), the Secretary shall avoid broad
14 characterizations that do not sufficiently distin-
15 guish between distinctly different threats in the
16 same general class.
17 (B) EXAMPLE.—An example of a broad
18 characterization to be avoided under such para-
19 graph is ‘‘cruise missiles’’, since such character-
20 ization does not sufficiently distinguish between
21 current cruise missiles and emerging hypersonic
22 cruise missiles, which may require different ca-
23 pabilities to counter them.
24 (4) REPORT AND INTERIM BRIEFING.—
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1 (A) INTERIM BRIEFING.—Not later than
2 December 15, 2020, the Secretary shall provide
3 the Committee on Armed Services of the Senate
4 and Committee on Armed Services of the House
5 of Representatives a briefing on the assessment
6 being conducted by the Secretary under para-
7 graph (1).
8 (B) REPORT.—Not later than February
9 15, 2021, the Secretary shall submit to the
10 Committee on Armed Services of the Senate
11 and Committee on Armed Services of the House
12 of Representatives a report on the findings of
13 the Secretary with respect to the assessment
14 conducted under paragraph (1).
15 (b) REVIEW BY VICE CHAIRMAN OF THE JOINT
16 CHIEFS OF STAFF.—
17 (1) REVIEW.—The Vice Chairman of the Joint
18 Chiefs of Staff shall review the assessment being
19 conducted under subsection (a)(1) for potential gaps
20 in capability and capacity to meet requirements of
21 the National Defense Strategy.
22 (2) REPORT.—Not later than April 15, 2021,
23 the Vice Chairman of the Joint Chiefs of Staff shall
24 submit to the Committee on Armed Services of the
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1 House of Representatives a report on the finding of
2 the Vice Chairman with respect to the review con-
3 ducted under paragraph (1).
4 SEC. 112. REPORT AND LIMITATION ON INTEGRATED VIS-
5 UAL AUGMENTATION SYSTEM ACQUISITION.
6 (a) REPORT REQUIRED.—
7 (1) IN GENERAL.—Not later than August 15,
8 2021, the Secretary of the Army shall submit to the
9 congressional defense committees a report on the In-
10 tegrated Visual Augmentation System (IVAS) subse-
11 quent to the completion of operational testing.
12 (2) ELEMENTS REQUIRED.—The report re-
13 quired by paragraph (1) shall include the following:
14 (A) Certification of the IVAS acquisition
15 strategy, to include production model costs, full
16 rate production schedule, and identification of
17 any changes resulting from operational testing.
18 (B) Certification of technology levels being
19 utilized in the full rate production model.
20 (C) Certification of operational suitability
21 and soldier acceptability of the production
22 model IVAS.
23 (b) LIMITATION ON USE OF FUNDS.—Not more than
24 50 percent of the amounts authorized to be appropriated
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1 Integrated Visual Augmentation System may be obligated
2 or expended until the Secretary submits to the congres-
3 sional defense committees the report required under sub-
4 section (a).
5 SEC. 113. MODIFICATIONS TO REQUIREMENT FOR AN IN-
6 TERIM CRUISE MISSILE DEFENSE CAPA-
7 BILITY.
8 (a) PLAN.—Not later than January 15, 2021, the
9 Secretary of the Army shall submit to the congressional
10 defense committees the plan, including a timeline, to oper-
11 ationally deploy or forward station the two batteries of in-
12 terim cruise missile defense capability procured pursuant
13 to section 112 of the John S. McCain National Defense
14 Authorization Act for Fiscal Year 2019 (Public Law 115–
15 232; 132 Stat. 1660) in an operational theater or theaters.
16 (b) MODIFICATION OF WAIVER.—Section 112(b)(4)
17 of the John S. McCain National Defense Authorization
18 Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat.
19 1661) is amended to read as follows:
20 ‘‘(4) WAIVER.—The Secretary of the Army may
21 waive the deadlines specified in paragraph (1):
22 ‘‘(A) For the deadline specified in para-
23 graph (1)(A), if the Secretary determines that
24 sufficient funds have not been appropriated to
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25 enable the Secretary to meet such deadline.
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1 ‘‘(B) For the deadline specified in para-
2 graph (1)(B), if the Secretary submits to the
3 congressional defense committees a certification
4 that—
5 ‘‘(i) allocating resources toward pro-
6 curement of an integrated enduring capa-
7 bility would provide robust tiered and lay-
8 ered protection to the joint force; or
9 ‘‘(ii) additional time is required to
10 complete training and preparation for
11 operational capability.’’.
12 Subtitle C—Navy Programs
13 SEC. 121. CONTRACT AUTHORITY FOR COLUMBIA-CLASS
14 SUBMARINE PROGRAM.
15 (a) CONTRACT AUTHORITY.—The Secretary of the
16 Navy may enter into a contract, beginning with fiscal year
17 2021, for the procurement of up to two Columbia-class
18 submarines.
19 (b) INCREMENTAL FUNDING.—With respect to a con-
20 tract entered into under subsection (a), the Secretary of
21 the Navy may use incremental funding to make payments
22 under the contract.
23 (c) LIABILITY.—Any contract entered into under sub-
24 section (a) shall provide that—
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1 (1) any obligation of the United States to make
2 a payment under the contract is subject to the avail-
3 ability of appropriations for that purpose; and
4 (2) total liability of the Federal Government for
5 termination of any contract entered into shall be
6 limited to the total amount of funding obligated to
7 the contract at time of termination.
8 (2) total liability of the Federal Government for
9 termination of any contract entered into shall be
10 limited to the total amount of funding obligated to
11 the contract at time of termination.
12 SEC. 122. LIMITATION ON NAVY MEDIUM AND LARGE UN-
13 MANNED SURFACE VESSELS.
14 (a) MILESTONE B APPROVAL REQUIREMENTS.—
15 Milestone B approval may not be granted for a covered
16 program unless such program accomplishes prior to and
17 incorporates into such approval—
18 (1) qualification by the Senior Technical Au-
19 thority of—
20 (A) at least two different main propulsion
21 engines and ancillary equipment, including the
22 fuel and lube oil systems; and
23 (B) at least two different electrical genera-
24 tors and ancillary equipment;
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1 (2) final results of test programs of engineering
2 development models or prototypes for critical sys-
3 tems specified by the Senior Technical Authority in
4 their final form, fit, and function and in a realistic
5 environment; and
6 (3) a determination by the milestone decision
7 authority of the minimum number of vessels, dis-
8 crete test events, performance parameters to be test-
9 ed, and schedule required to complete initial oper-
10 ational test and evaluation and demonstrate oper-
11 ational suitability and operational effectiveness.
12 (b) QUALIFICATION REQUIREMENTS.—The qualifica-
13 tion required in subsection (a)(1) shall include a land-
14 based operational demonstration of such equipment in the
15 vessel-representative form, fit, and function for not less
16 than 1,080 continuous hours without preventative mainte-
17 nance, corrective maintenance, emergent repair, or any
18 other form of repair or maintenance.
19 (c) REQUIREMENT TO USE QUALIFIED ENGINES AND
20 GENERATORS.—The Secretary of the Navy shall require
21 that covered programs use only main propulsion engines
22 and electrical generators that are qualified under sub-
23 section (a)(1).
24 (d) LIMITATION.—The Secretary of the Navy may
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1 posals or obligate funds from a procurement account for
2 a covered program until such program receives Milestone
3 B approval and the milestone decision authority notifies
4 the congressional defense committees, in writing, of the
5 actions taken to comply with the requirements under this
6 section.
7 (e) DEFINITIONS.—In this section:
8 (1) The term ‘‘covered program’’ means a pro-
9 gram for—
10 (A) medium unmanned surface vessels; or
11 (B) large unmanned surface vessels.
12 (2) The term ‘‘Milestone B approval’’ has the
13 meaning given the term in section 2366(e)(7) of title
14 10, United States Code.
15 (3) The term ‘‘milestone decision authority’’
16 means the official within the Department of Defense
17 designated with the overall responsibility and au-
18 thority for acquisition decisions for the program, in-
19 cluding authority to approve entry of the program
20 into the next phase of the acquisition process.
21 (4) The term ‘‘Senior Technical Authority’’ has
22 the meaning given the term in section 8669b of title
23 10, United States Code.
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1 SEC. 123. EXTENSION OF PROHIBITION ON AVAILABILITY
2 OF FUNDS FOR NAVY WATERBORNE SECU-
3 RITY BARRIERS.
4 Section 130(a) of the John S. McCain National De-
5 fense Authorization Act for Fiscal Year 2019 (Public Law
6 115–232; 132 Stat. 1665), as amended by section 126 of
7 the National Defense Authorization Act for Fiscal Year
8 2020 (Public Law 116–92), is further amended by strik-
9 ing ‘‘for fiscal year 2019 or fiscal year 2020’’ and insert-
10 ing ‘‘for fiscal years 2019, 2020, or 2021’’.
11 SEC. 124. PROCUREMENT AUTHORITIES FOR CERTAIN AM-
12 PHIBIOUS SHIPBUILDING PROGRAMS.
13 (a) CONTRACT AUTHORITY.—
14 (1) PROCUREMENT AUTHORIZED.—In fiscal
15 year 2021, the Secretary of the Navy may enter into
16 one or more contracts for the procurement of three
17 San Antonio-class amphibious ships and one Amer-
18 ica-class amphibious ship.
19 (2) PROCUREMENT IN CONJUNCTION WITH EX-
20 ISTING CONTRACTS.—The ships authorized to be
21 procured under paragraph (1) may be procured as
22 additions to existing contracts covering such pro-
23 grams.
24 (b) CERTIFICATION REQUIRED.—A contract may not
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26 of the Navy certifies to the congressional defense commit-
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1 tees, in writing, not later than 30 days before entry into
2 the contract, each of the following, which shall be prepared
3 by the milestone decision authority for such programs:
4 (1) The use of such a contract is consistent
5 with the Department of the Navy’s projected force
6 structure requirements for amphibious ships.
7 (2) The use of such a contract will result in sig-
8 nificant savings compared to the total anticipated
9 costs of carrying out the program through annual
10 contracts. In certifying cost savings under the pre-
11 ceding sentence, the Secretary shall include a writ-
12 ten explanation of—
13 (A) the estimated end cost and appro-
14 priated funds by fiscal year, by hull, without
15 the authority provided in subsection (a);
16 (B) the estimated end cost and appro-
17 priated funds by fiscal year, by hull, with the
18 authority provided in subsection (a);
19 (C) the estimated cost savings or increase
20 by fiscal year, by hull, with the authority pro-
21 vided in subsection (a);
22 (D) the discrete actions that will accom-
23 plish such cost savings or avoidance; and
24 (E) the contractual actions that will ensure
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1 (3) There is a reasonable expectation that
2 throughout the contemplated contract period the
3 Secretary of the Navy will request funding for the
4 contract at the level required to avoid contract can-
5 cellation.
6 (4) There is a stable design for the property to
7 be acquired and the technical risks associated with
8 such property are not excessive.
9 (5) The estimates of both the cost of the con-
10 tract and the anticipated cost avoidance through the
11 use of a contract authorized under subsection (a)
12 are realistic.
13 (6) The use of such a contract will promote the
14 national security of the United States.
15 (7) During the fiscal year in which such con-
16 tract is to be awarded, sufficient funds will be avail-
17 able to perform the contract in such fiscal year, and
18 the future-years defense program (as defined under
19 section 221 of title 10, United States Code) for such
20 fiscal year will include the funding required to exe-
21 cute the program without cancellation.
22 (c) AUTHORITY FOR ADVANCE PROCUREMENT.—The
23 Secretary of the Navy may enter into one or more con-
24 tracts for advance procurement associated with a vessel
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1 is provided under subsection (a), and for systems and sub-
2 systems associated with such vessels in economic order
3 quantities when cost savings are achievable.
4 (d) CONDITION FOR OUT-YEAR CONTRACT PAY-
5 MENTS.—A contract entered into under subsection (a)
6 shall provide that any obligation of the United States to
7 make a payment under the contract for a fiscal year is
8 subject to the availability of appropriations for that pur-
9 pose for such fiscal year.
10 (e) MILESTONE DECISION AUTHORITY DEFINED.—
11 In this section. the term ‘‘milestone decision authority’’
12 has the meaning given the term in section 2366a(d) of
13 title 10, United States Code.
14 SEC. 125. FIGHTER FORCE STRUCTURE ACQUISITION
15 STRATEGY.
16 (a) REPORT REQUIRED.—Not later than March 1,
17 2021, the Secretary of the Navy shall submit to the con-
18 gressional defense committees a report with a fighter force
19 structure acquisition strategy that is aligned with the re-
20 sults of the independent studies required under section
21 1064 of the National Defense Authorization Act for Fiscal
22 Year 2018 (Public Law 115–91; 131 Stat. 1576).The
23 strategy shall establish a minimum number of F–35 and
24 Next Generation Air Dominance (NGAD) aircraft that the
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1 Navy and Marine Corps would be required to purchase
2 each year to mitigate or manage strike fighter shortfalls.
3 (b) LIMITATION ON DEVIATION FROM STRATEGY.—
4 The Department of the Navy may not deviate from the
5 acquisition strategy established under subsection (a)
6 until—
7 (1) the Secretary of the Navy receives a waiver
8 and justification from the Secretary of Defense; and
9 (2) 30 days after the Secretary of the Navy no-
10 tifies the congressional defense committees of the
11 proposed deviation.
12 SEC. 126. TREATMENT OF SYSTEMS ADDED BY CONGRESS
13 IN FUTURE PRESIDENT’S BUDGET REQUESTS.
14 A procurement quantity of a system authorized by
15 Congress in a National Defense Authorization Act for a
16 given fiscal year that is subsequently appropriated by Con-
17 gress in an amount greater than the quantity of such sys-
18 tem included in the President’s annual budget request
19 submitted to Congress under section 1105 of title 31,
20 United States Code, for such fiscal year shall not be in-
21 cluded as a new procurement quantity in future annual
22 budget requests.
23 SEC. 127. REPORT ON CARRIER WING COMPOSITION.
24 (a) REPORT.—Not later than May 1, 2021, the Sec-
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1 Operations and Commandant of the Marine Corps, shall
2 submit to the congressional defense committees a report
3 on the optimal composition of the carrier air wing in 2030
4 and 2040, as well as alternative force design concepts.
5 (b) ELEMENTS.—The report required under sub-
6 section (a) shall include the following elements:
7 (1) An analysis and justification used to reach
8 the 50-50 mix of 4th and 5th generation aircraft for
9 2030.
10 (2) An analysis and justification for the optimal
11 mix of carrier aircraft for 2040.
12 (3) A plan for incorporating unmanned aerial
13 vehicles and associated communication capabilities to
14 effectively implement the future force design.
15 SEC. 128. REPORT ON STRATEGY TO USE ALQ–249 NEXT
16 GENERATION JAMMER TO ENSURE FULL
17 SPECTRUM ELECTROMAGNETIC SUPERI-
18 ORITY.
19 (a) REPORT.—Not later than July 30, 2021, the Sec-
20 retary of the Navy, in consultation with the Vice Chairman
21 of the Joint Chiefs, shall submit to the congressional de-
22 fense committees report with a strategy to ensure full
23 spectrum electromagnetic superiority using the ALQ-249
24 Next Generation Jammer.
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1 (b) ELEMENTS.—The report required under sub-
2 section (a) shall include the following elements:
3 (1) A description of the current procurement
4 strategy of the ALQ–249 and the analysis of its ca-
5 pability to meet the RF frequency ranges required in
6 a National Defense Strategy (NDS) conflict.
7 (2) An assessment of the ALQ–249’s compat-
8 ibility and ability to synchronize non-kinetic fires
9 using other Joint Electronic Warfare (EW) plat-
10 forms.
11 (3) A future model of an interlinked/inter-
12 dependent electronic warfare menu of options for
13 commanders at tactical, operational, and strategic
14 levels.
15 Subtitle D—Air Force Programs
16 SEC. 141. ECONOMIC ORDER QUANTITY CONTRACTING AU-
17 THORITY FOR F–35 JOINT STRIKE FIGHTER
18 PROGRAM.
19 (a) AUTHORITY FOR ADVANCE PROCUREMENT AND
20 ECONOMIC ORDER QUANTITY.—The Secretary of Defense
21 may enter into one or more contracts, beginning with the
22 fiscal year 2020 program year, for the procurement of eco-
23 nomic order quantities of material and equipment for the
24 F–35 aircraft program for use in procurement contracts
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1 to be awarded for such program during fiscal years 2021
2 through 2023.
3 (b) LIMITATION.—The total amount obligated in fis-
4 cal year 2021 under all contracts entered into under sub-
5 section (a) shall not exceed $493,000,000.
6 (c) PRELIMINARY FINDINGS.—Before entering into a
7 contract under subsection (a), the Secretary shall make
8 each of the following findings with respect to such con-
9 tract:
10 (1) The use of such a contract will result in sig-
11 nificant savings of the total anticipated costs of car-
12 rying out the program through annual contracts.
13 (2) The minimum need for the property to be
14 procured is expected to remain substantially un-
15 changed during the contemplated contract period in
16 terms of production rate, procurement rate, and
17 total quantities.
18 (3) There is a reasonable expectation that,
19 throughout the contemplated contract period, the
20 Secretary will request funding for the contract at
21 the level required to avoid contract cancellation.
22 (4) There is a stable design for the property to
23 be procured, and the technical risks associated with
24 such property are not excessive.
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1 (5) The estimates of both the cost of the con-
2 tract and the anticipated cost avoidance through the
3 use of an economic order quantity contract are real-
4 istic.
5 (6) Entering into the contract will promote the
6 national security interests of the United States.
7 (d) CERTIFICATION REQUIREMENT.—Except as pro-
8 vided in subsection (e), the Secretary of Defense may not
9 enter into a contract under subsection (a) until 30 days
10 after the Secretary certifies to the congressional defense
11 committees, in writing, that each of the following condi-
12 tions is satisfied:
13 (1) A sufficient number of end items of the sys-
14 tem being acquired under such contract have been
15 delivered at or within the most recently available es-
16 timates of the program acquisition unit cost or pro-
17 curement unit cost for such system to determine
18 that the estimates of the unit costs are realistic.
19 (2) During the fiscal year in which such con-
20 tract is to be awarded, sufficient funds will be avail-
21 able to perform the contract in such fiscal year, and
22 the future-years defense program submitted to Con-
23 gress under section 221 of title 10, United States
24 Code, for that fiscal year will include the funding re-
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1 (3) The contract is a fixed-price type contract.
2 (4) The proposed contract provides for produc-
3 tion at not less than minimum economic rates given
4 the existing tooling and facilities.
5 (5) The Secretary has determined that each of
6 the conditions described in paragraphs (1) through
7 (6) of subsection (c) will be met by such contract
8 and has provided the basis for such determination to
9 the congressional defense committees.
10 (6) The determination under paragraph (5) was
11 made after the completion of a cost analysis per-
12 formed by the Director of Cost Assessment and Pro-
13 gram Evaluation for the purpose of section
14 2334(f)(2) of title 10, United States Code, and the
15 analysis supports that determination.
16 (e) EXCEPTION.—Notwithstanding subsection (d),
17 the Secretary of Defense may enter into a contract under
18 subsection (a) on or after December 1, 2020, if—
19 (1) the Director of Cost Assessment and Pro-
20 gram Evaluation has not completed a cost analysis
21 of the preliminary findings made by the Secretary
22 under subsection (c) with respect to the contract;
23 (2) the Secretary certifies to the congressional
24 defense committees, in writing, that each of the con-
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1 ditions described in paragraphs (1) through (5) of
2 subsection (d) is satisfied; and
3 (3) a period of 30 days has elapsed following
4 the date on which the Secretary submits the certifi-
5 cation under paragraph (2).
6 SEC. 142. MINIMUM AIRCRAFT LEVELS FOR MAJOR MIS-
7 SION AREAS.
8 (a) MINIMUM LEVELS.—Except as provided under
9 subsection (b), the Secretary of the Air Force shall main-
10 tain the following minima, based on Primary Mission Air-
11 craft Inventory (PMAI):
12 (1) 1,182 Fighter aircraft.
13 (2) 190 Attack Remotely Piloted Aircraft
14 (RPA).
15 (3) 92 Bomber aircraft.
16 (4) 412 Tanker aircraft.
17 (5) 230 Tactical airlift aircraft.
18 (6) 235 Strategic airlift aircraft.
19 (7) 84 Strategic Intelligence, Surveillance, and
20 Reconnaissance (ISR) aircraft.
21 (8) 106 Combat Search and Rescue (CSAR)
22 aircraft.
23 (b) EXCEPTIONS.—The Secretary of the Air Force
24 may reduce the number of aircraft in the PMAI of the
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1 Air Force below the minima specified in subsection (a)
2 only if—
3 (1) the Secretary certifies to the congressional
4 defense committees that such reduction is justified
5 by the results of the new capability and require-
6 ments studies; and
7 (2) a period of 30 days has elapsed following
8 the date on which the certification is made to the
9 congressional defense committees under paragraph
10 (1).
11 (c) APPLICABILITY.—The limitation in subsection (a)
12 shall not apply to aircraft that the Secretary of the Air
13 Force determines, on a case-by-case basis, to be no longer
14 mission capable because of mishaps, other damage, or
15 being uneconomical to repair.
16 SEC. 143. MINIMUM OPERATIONAL SQUADRON LEVEL.
17 As soon as practicable after the date of the enactment
18 of this Act and subject to the availability of appropria-
19 tions, the Secretary of the Air Force shall seek to achieve
20 a minimum of not fewer than 386 available operational
21 squadrons, or equivalent organizational units, within the
22 Air Force. In addition to the operational squadrons, the
23 Secretary shall strive to achieve the following primary mis-
24 sion aircraft inventory (PMAI) numbers:
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25 (1) 1,680 Fighter aircraft.
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1 (2) 199 Persist attack remotely piloted aircraft
2 (RPA).
3 (3) 225 Bomber aircraft.
4 (4) 500 Air refueling aircraft.
5 (5) 286 Tactical airlift aircraft.
6 (6) 284 Strategic airlift aircraft.
7 (7) 55 Command and control aircraft.
8 (8) 105 Combat search and rescue (CSAR) air-
9 craft.
10 (9) 30 Intelligence, surveillance, and reconnais-
11 sance (ISR) aircraft.
12 (10) 179 Special operations aircraft.
13 (11) 40 Electronic warfare (EW) aircraft.
14 SEC. 144. MINIMUM AIR FORCE BOMBER AIRCRAFT LEVEL.
15 The Secretary of Defense shall submit to the congres-
16 sional defense committees recommendations for a min-
17 imum number of bomber aircraft, including penetrating
18 bombers in addition to B–52H aircraft, to enable the Air
19 Force to carry out its long-range penetrating strike capa-
20 bility.
21 SEC. 145. F–35 GUN SYSTEM.
22 The Secretary of the Air Force shall begin the pro-
23 curement process for an alternate 25mm ammunition solu-
24 tion that provides a true full-spectrum target engagement
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25 capability for the F–35A aircraft.
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1 SEC. 146. PROHIBITION ON FUNDING FOR CLOSE AIR SUP-
2 PORT INTEGRATION GROUP.
3 No funds authorized to be appropriated by this Act
4 may be obligated or expended for the Close Air Support
5 Integration Group (CIG) or its subordinate units at Nellis
6 Air Force Base, Nevada, and the Air Force may not utilize
7 personnel or equipment in support of the CIG or its subor-
8 dinate units.
9 SEC. 147. LIMITATION ON DIVESTMENT OF KC–10 AND KC–
10 135 AIRCRAFT.
11 The Secretary of Defense may not divest KC–10 and
12 KC–135 aircraft in excess of the following amounts:
13 (1) In fiscal year 2021, 6 KC–10 aircraft, in-
14 cluding only 3 from primary mission aircraft inven-
15 tory (PMAI).
16 (2) In fiscal year 2022, 12 KC–10 aircraft.
17 (3) In fiscal year 2023, 12 KC–10 and 14 KC–
18 135 aircraft.
19 SEC. 148. LIMITATION ON RETIREMENT OF U–2 AND RQ–4
20 AIRCRAFT.
21 (a) LIMITATION.—The Secretary of the Air Force
22 may not take any action that would prevent the Air Force
23 from maintaining the fleets of U–2 aircraft or RQ–4 air-
24 craft in their current, or improved, configurations and ca-
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25 pabilities until the Chairman of the Joint Requirements
26 Oversight Council certifies in writing to the appropriate
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1 committees of Congress that the capability to be fielded
2 at the same time or before the retirement of the U–2 air-
3 craft or RQ–4 aircraft (as the case may be) would result
4 in equal or greater capability available to the commanders
5 of the combatant commands and would not result in less
6 capacity available to the commanders of the combatant
7 commands.
8 (b) WAIVER.—The Secretary of Defense may waive
9 the certification requirement under subsection (a) with re-
10 spect to U–2 aircraft or RQ–4 aircraft if the Secretary—
11 (1) determines, after analyzing sufficient and
12 relevant data, that a loss in capacity and capability
13 will not prevent the combatant commanders from ac-
14 complishing their missions at acceptable levels of
15 risk; and
16 (2) provides to the appropriate committees of
17 Congress a certification of such determination and
18 supporting analysis.
19 (c) APPROPRIATE COMMITTEES OF CONGRESS DE-
20 FINED.—In this section, the term ‘‘appropriate commit-
21 tees of Congress’’ means—
22 (1) the Committee on Armed Services, the
23 Committee on Appropriations, and the Select Com-
24 mittee on Intelligence of the Senate; and
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1 (2) the Committee on Armed Services, the
2 Committee on Appropriations, and the Permanent
3 Select Committee on Intelligence of the House of
4 Representatives.
5 SEC. 149. LIMITATION ON DIVESTMENT OF F–15C AIRCRAFT
6 IN THE EUROPEAN THEATER.
7 (a) IN GENERAL.—The Secretary of the Air Force
8 may not divest F–15C aircraft in the European theater
9 until the F–15EX aircraft is integrated into the Air Force
10 and has begun bed down actions in the European theater.
11 (b) WAIVER.—The Secretary of Defense, after con-
12 sultation with the Commander of the United States Euro-
13 pean Command (EUCOM), may waive the limitation
14 under subsection (a) if the Secretary certifies to Congress
15 the divestment is required for the national defense and
16 that there exists sufficient resources at all times to meet
17 NATO and EUCOM air superiority requirements for the
18 European theater.
19 SEC. 150. AIR BASE DEFENSE DEVELOPMENT AND ACQUISI-
20 TION STRATEGY.
21 (a) STRATEGY REQUIRED.—Not later than March 1,
22 2021, the Chief of Staff of the Air Force (CSAF), in con-
23 sultation with the Chief of Staff of the Army (CSA), shall
24 submit to the congressional defense committees a develop-
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1 protect air bases and prepositioned sites in contested envi-
2 ronments highlighted in the National Defense Strategy.
3 The strategy should ensure a solution that is effective
4 against current and emerging cruise missile and advanced
5 hypersonic missile threats.
6 (b) LIMITATION ON USE OF OPERATION AND MAIN-
7 TENANCE FUNDS.—Not more than 50 percent of the
8 funds authorized to be appropriated by this Act for fiscal
9 year 2021 for operation and maintenance for the Office
10 of the Secretary of the Air Force and the Office of the
11 Secretary of the Army may be obligated or expended until
12 15 days after submission of the strategy required under
13 subsection (a).
14 SEC. 151. REQUIRED SOLUTION FOR KC–46 AIRCRAFT RE-
15 MOTE VISUAL SYSTEM LIMITATIONS.
16 The Secretary of the Air Force shall develop and im-
17 plement a complete, one-time solution to the KC–46 air-
18 craft remote visual system (RVS) operational limitations.
19 Not later than October 1, 2020, the Secretary shall submit
20 to the congressional defense committees an implementa-
21 tion strategy for the solution.
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1 SEC. 152. ANALYSIS OF REQUIREMENTS AND ADVANCED
2 BATTLE MANAGEMENT SYSTEM CAPABILI-
3 TIES.
4 (a) ANALYSIS.—Not later than April 1, 2021, the
5 Secretary of the Air Force, in consultation with the com-
6 manders of the combatant commands, shall develop an
7 analysis of current and future moving target indicator re-
8 quirements across the combatant commands and oper-
9 ational and tactical level command and control capabilities
10 the Advanced Battle Management System (ABMS) will re-
11 quire when fielded.
12 (b) JROC REQUIREMENTS.—
13 (1) IN GENERAL.—Not later than 60 days after
14 the Secretary of the Air Force develops the analysis
15 under subsection (a), the Joint Requirements Over-
16 sight Council (JROC) shall certify that requirements
17 for ABMS incorporate the findings of the analysis.
18 (2) CONGRESSIONAL NOTIFICATION.—The Joint
19 Requirements Oversight Council (JROC) shall notify
20 the congressional defense committees upon making
21 the certification required under paragraph (1) and
22 provide a briefing on the requirements and findings
23 described in such paragraph not later than 30 days
24 after such notification.
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1 SEC. 153. STUDIES ON MEASURES TO ASSESS COST-PER-EF-
2 FECT FOR KEY MISSION AREAS.
3 (a) IN GENERAL.—Not later than January 1, 2021,
4 the Secretary of the Air Force shall provide for the per-
5 formance of two independent studies to devise new meas-
6 ures to assess cost-per-effect for key mission areas. One
7 of the studies shall be conducted by an organization de-
8 scribed in section 501(c)(3) of the Internal Revenue Code
9 of 1986 and exempt from tax under section 501(a) of such
10 Code, and one of the studies shall be conducted by a feder-
11 ally funded research and development center.
12 (b) SCOPE.—Each study conducted pursuant to sub-
13 section (a) shall address the following matters:
14 (1) Number of weapon systems required to
15 meet a specified mission goal.
16 (2) Number of personnel required to meet a
17 specified mission goal.
18 (3) Associated operation and maintenance costs
19 necessary to facilitate respective operational con-
20 structs.
21 (4) Basing requirements for respective force
22 constructs.
23 (5) Mission support elements required to facili-
24 tate specified operations.
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25 (6) Defensive measures required to facilitate
26 viable mission operations.
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1 (7) Attrition due to enemy countermeasures
2 and other loss factors associated with respective
3 technologies.
4 (8) Associated weapon effects costs compared to
5 alternative forms of power projection.
6 (c) IMPLEMENTATION OF MEASURES.—The Sec-
7 retary of the Air Force shall, as appropriate, incorporate
8 the findings of the studies conducted pursuant to sub-
9 section (a) in the Air Force’s future force development
10 process. The measures—
11 (1) should be domain and platform agnostic;
12 (2) should focus on how best to achieve mission
13 goals in future operations; and
14 (3) shall consider including harnessing cost-per-
15 effect assessments as a key performance parameter
16 within the Department of Defense’s Joint Capabili-
17 ties Integration and Development System (JCIDS)
18 requirements process.
19 SEC. 154. PLAN FOR OPERATIONAL TEST AND UTILITY
20 EVALUATION OF SYSTEMS FOR LOW-COST AT-
21 TRIBUTABLE AIRCRAFT TECHNOLOGY PRO-
22 GRAM.
23 Not later than October 1, 2020, the Assistant Sec-
24 retary of the Air Force for Acquisition, Technology, and
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25 Logistics shall—
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1 (a) submit to the congressional defense committees
2 an executable plan for the operational test and utility eval-
3 uation of the systems of the Low-Cost Attributable Air-
4 craft Technology (LCAAT) program of the Air Force; and
5 (b) brief the congressional defense committees on
6 such plan.
7 SEC. 155. PROHIBITION ON RETIREMENT OR DIVESTMENT
8 OF A–10 AIRCRAFT.
9 The Secretary of Defense may not during fiscal year
10 2021 divest or retire any A–10 aircraft, in order to ensure
11 ongoing capabilities to counter violent extremism and pro-
12 vide close air support and combat search and rescue in
13 accordance with the National Defense Strategy.
14 Subtitle E—Defense-wide, Joint,
15 and Multiservice Matters
16 SEC. 171. BUDGETING FOR LIFE-CYCLE COST OF AIRCRAFT
17 FOR THE NAVY, ARMY, AND AIR FORCE: AN-
18 NUAL PLAN AND CERTIFICATION.
19 (a) IN GENERAL.—Chapter 9 of title 10, United
20 States Code, is amended by inserting after section 231 the
21 following new section:
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1 ‘‘§ 231a. Budgeting for life-cycle cost of aircraft for
2 the Navy, Army, and Air Force: Annual
3 plan and certification
4 ‘‘(a) ANNUAL AIRCRAFT PROCUREMENT PLAN AND
5 CERTIFICATION.—Not later than 45 days after the date
6 on which the President submits to Congress the budget
7 for a fiscal year, the Secretary of Defense shall submit
8 to the congressional defense committees—
9 ‘‘(1) a plan for the procurement of the aircraft
10 specified in subsection (b) for the Department of the
11 Navy, the Department of the Army, and the Depart-
12 ment of the Air Force developed in accordance with
13 this section; and
14 ‘‘(2) a certification by the Secretary that both
15 the budget for such fiscal year and the future years
16 defense program submitted to Congress in relation
17 to such budget under section 221 of this title pro-
18 vide for funding of the procurement of aircraft at a
19 level that is sufficient for the procurement of the
20 aircraft provided for in the plan under paragraph
21 (1) on the schedule provided in the plan.
22 ‘‘(b) COVERED AIRCRAFT.—The aircraft specified in
23 this subsection are the aircraft as follows:
24 ‘‘(1) Fighter aircraft.
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25 ‘‘(2) Attack aircraft.
26 ‘‘(3) Bomber aircraft.
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1 ‘‘(4) Intertheater lift aircraft.
2 ‘‘(5) Intratheater lift aircraft.
3 ‘‘(6) Intelligence, surveillance, and reconnais-
4 sance aircraft.
5 ‘‘(7) Tanker aircraft.
6 ‘‘(8) Remotely piloted aircraft.
7 ‘‘(9) Rotary-wing aircraft.
8 ‘‘(10) Operational support and executive lift
9 aircraft.
10 ‘‘(11) Any other major support aircraft des-
11 ignated by the Secretary of Defense for purposes of
12 this section.
13 ‘‘(c) ANNUAL AIRCRAFT PROCUREMENT PLAN.—(1)
14 The annual aircraft procurement plan developed for a fis-
15 cal year for purposes of subsection (a)(1) should be de-
16 signed so that the aviation force provided for under the
17 plan is capable of supporting the national military strategy
18 of the United States as set forth in the most recent Na-
19 tional Defense Strategy submitted under section 113(g)
20 of title 10, United States Code, and National Military
21 Strategy submitted under section 153(b) of title 10,
22 United States Code.
23 ‘‘(2) Each annual aircraft procurement plan shall in-
24 clude the following:
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1 ‘‘(A) A detailed program for the procurement of
2 the aircraft specified in subsection (b) for each of
3 the Department of the Navy, the Department of the
4 Army, and the Department of the Air Force over the
5 next 30 fiscal years.
6 ‘‘(B) A description of the necessary aviation
7 force structure to meet the requirements of the na-
8 tional military strategy of the United States or the
9 most recent Quadrennial Defense Review, whichever
10 is applicable under paragraph (1).
11 ‘‘(C) The estimated levels of annual investment
12 funding necessary to carry out each aircraft pro-
13 gram, together with a discussion of the procurement
14 strategies on which such estimated levels of annual
15 investment funding are based, set forth in aggregate
16 for the Department of Defense and in aggregate for
17 each military department.
18 ‘‘(D) The estimated level of annual funding
19 necessary to operate, maintain, sustain, and support
20 each aircraft program throughout the life-cycle of
21 the program, set forth in aggregate for the Depart-
22 ment of Defense and in aggregate for each military
23 department.
24 ‘‘(E) For each of the cost estimates required by
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25 subparagraphs (C) and (D)—
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1 ‘‘(i) a description of whether the cost esti-
2 mate is derived from the cost estimate position
3 of the military department or derived from the
4 cost estimate position of the Office of Cost
5 Analysis and Program Evaluation;
6 ‘‘(ii) if the cost estimate position of the
7 military department and the cost estimate posi-
8 tion of the Office of Cost Analysis and Program
9 Evaluation differ by more than 5 percent for
10 any aircraft program, an annotated cost esti-
11 mate difference and sufficient rationale to ex-
12 plain the difference;
13 ‘‘(iii) the confidence or certainty level asso-
14 ciated with the cost estimate for each aircraft
15 program; and
16 ‘‘(iv) a certification that cost between dif-
17 ferent services and aircraft are based on similar
18 components in the life-cycle cost of each pro-
19 gram.
20 ‘‘(F) An assessment by the Secretary of De-
21 fense of the extent to which the combined aircraft
22 forces of the Department of the Navy, the Depart-
23 ment of the Army, and the Department of the Air
24 Force meet the national security requirements of the
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25 United States.
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1 ‘‘(3) For any cost estimate required by paragraph
2 (2)(C) or (D), for any aircraft program for which the Sec-
3 retary is required to include in a report under section
4 2432 of this title, the source of the cost information used
5 to prepare the annual aircraft plan, shall be sourced from
6 the Selected Acquisition Report data that the Secretary
7 plans to submit to the congressional defense committees
8 in accordance with subsection (f) of that section for the
9 year for which the annual aircraft plan is prepared.
10 ‘‘(4) The annual aircraft procurement plan shall be
11 submitted in unclassified form and shall contain a classi-
12 fied annex. A summary version of the unclassified report
13 shall be made available to the public.
14 ‘‘(d) ASSESSMENT WHEN AIRCRAFT PROCUREMENT
15 BUDGET IS INSUFFICIENT TO MEET APPLICABLE RE-
16 QUIREMENTS.—If the budget for a fiscal year provides for
17 funding of the procurement of aircraft for the Department
18 of the Navy, the Department of the Army, or the Depart-
19 ment of the Air Force at a level that is not sufficient to
20 sustain the aviation force structure specified in the air-
21 craft procurement plan for such Department for that fis-
22 cal year under subsection (a), the Secretary shall include
23 with the defense budget materials for that fiscal year an
24 assessment that describes and discusses the risks associ-
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1 result from funding aircraft procurement at such level.
2 The assessment shall be coordinated in advance with the
3 commanders of the combatant commands.
4 ‘‘(e) ANNUAL REPORT ON AIRCRAFT INVENTORY.—
5 (1) As part of the annual plan and certification required
6 to be submitted under this section, the Secretary shall in-
7 clude a report on the aircraft in the inventory of the De-
8 partment of Defense. Each such report shall include the
9 following, for the year covered by the report:
10 ‘‘(A) The total number of aircraft in the inven-
11 tory.
12 ‘‘(B) The total number of the aircraft in the in-
13 ventory that are active, stated in the following cat-
14 egories (with appropriate subcategories for mission
15 aircraft, training aircraft, dedicated test aircraft,
16 and other aircraft):
17 ‘‘(i) Primary aircraft.
18 ‘‘(ii) Backup aircraft.
19 ‘‘(iii) Attrition and reconstitution reserve
20 aircraft.
21 ‘‘(C) The total number of the aircraft in the in-
22 ventory that are inactive, stated in the following cat-
23 egories:
24 ‘‘(i) Bailment aircraft.
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1 ‘‘(iii) Aircraft for sale or other transfer to
2 foreign governments.
3 ‘‘(iv) Leased or loaned aircraft.
4 ‘‘(v) Aircraft for maintenance training.
5 ‘‘(vi) Aircraft for reclamation.
6 ‘‘(vii) Aircraft in storage.
7 ‘‘(D) The aircraft inventory requirements ap-
8 proved by the Joint Chiefs of Staff.
9 ‘‘(2) Each report submitted under this subsection
10 shall set forth each item described in paragraph (1) sepa-
11 rately for the regular component of each armed force and
12 for each reserve component of each armed force and, for
13 each such component, shall set forth each type, model, and
14 series of aircraft provided for in the future-years defense
15 program that covers the fiscal year for which the budget
16 accompanying the plan, certification and report is sub-
17 mitted.
18 ‘‘(f) DEFINITION OF BUDGET.—In this section, the
19 term ‘budget’, with respect to a fiscal year, means the
20 budget for that fiscal year that is submitted to Congress
21 by the President under section 1105(a) of title 31.’’.
22 (b) CLERICAL AMENDMENT.—The table of sections
23 at the beginning of chapter 9 of such title is amended by
24 inserting after the item relating to section 231 the fol-
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‘‘231a. Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air
Force: Annual plan and certification.’’.
1 SEC. 172. AUTHORITY TO USE F–35 AIRCRAFT WITHHELD
2 FROM DELIVERY TO GOVERNMENT OF TUR-
3 KEY.
4 The Secretary of the Air Force is authorized to uti-
5 lize, modify, and operate the 6 F–35 aircraft that were
6 accepted by the Government of Turkey but never delivered
7 because Turkey was suspended from the F–35 program.
8 SEC. 173. TRANSFER FROM COMMANDER OF UNITED
9 STATES STRATEGIC COMMAND TO CHAIRMAN
10 OF THE JOINT CHIEFS OF STAFF OF RESPON-
11 SIBILITIES AND FUNCTIONS RELATING TO
12 ELECTROMAGNETIC SPECTRUM OPER-
13 ATIONS.
14 (a) TRANSFER.—Not later than one year after the
15 date of the enactment of this Act and subject to subsection
16 (c), the Secretary of Defense shall transition to the Chair-
17 man of the Joint Chiefs of Staff as a Chairman’s Con-
18 trolled Activity all of the responsibilities and functions of
19 the Commander of United States Strategic Command that
20 are germane to electromagnetic spectrum operations, in-
21 cluding—
22 (1) advocacy for joint electronic warfare capa-
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1 (2) providing contingency electronic warfare
2 support to other combatant commands, and
3 (3) supporting combatant command joint train-
4 ing and planning related to electromagnetic spec-
5 trum operations.
6 (b) RESPONSIBILITY OF VICE CHAIRMAN OF THE
7 JOINT CHIEFS OF STAFF AS THE ELECTRONIC WARFARE
8 SENIOR DESIGNATED OFFICIAL.—The Vice Chairman of
9 the Joint Chiefs of Staff, as the Electronic Warfare Senior
10 Designated Official, shall be responsible for the following:
11 (1) Executing the functions transitioned to the
12 Chairman of the Joint Chiefs of Staff under sub-
13 section (a).
14 (2) Overseeing, with the Chief Information Offi-
15 cer of the Department of Defense, the development
16 and implementation of the Electromagnetic Spec-
17 trum Superiority Strategy of the Department of De-
18 fense and subsequent Department-wide electro-
19 magnetic spectrum and electronic warfare strategies.
20 (3) Managing the Joint Electronic Warfare
21 Center and the Joint Electromagnetic Preparedness
22 for Advanced Combat organizations.
23 (4) Overseeing, through the Joint Requirements
24 Oversight Council and the Electromagnetic Spec-
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1 tion activities of the military services as they relate
2 to electromagnetic spectrum operations.
3 (5) Overseeing and, as appropriate, setting
4 standards for the individual and unit training pro-
5 grams of the military services and the joint training
6 and mission rehearsal programs of the combatant
7 commands as they relate to electromagnetic spec-
8 trum operations.
9 (6) Overseeing the development of tactics, tech-
10 niques, and procedures germane to electromagnetic
11 spectrum operations.
12 (7) Overseeing the integration of electro-
13 magnetic spectrum operations into operation plans
14 and contingency plans.
15 (8) Developing and integrating into the joint
16 warfighting concept operational concepts for electro-
17 magnetic spectrum operations, including the fol-
18 lowing:
19 (A) The roles and responsibilities of each
20 of the military services and their primary con-
21 tributions to the joint force.
22 (B) The primary targets for offensive elec-
23 tromagnetic spectrum operations and their
24 alignment to the military services and relevant
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1 (C) The armed forces’ positioning, scheme
2 of maneuver, kill chains, and tactics, tech-
3 niques, and procedures, as appropriate, to con-
4 duct offensive electromagnetic spectrum oper-
5 ations.
6 (D) The armed forces’ positioning, scheme
7 of maneuver, kill chains, and tactics, tech-
8 niques, and procedures, as appropriate, to de-
9 tect, disrupt, avoid, or render ineffective adver-
10 sary electromagnetic spectrum operations.
11 (c) PERIOD OF EFFECT OF TRANSFER.—
12 (1) IN GENERAL.—The transfer required by
13 subsection (a) and the responsibilities specified in
14 subsection (b) shall remain in effect until such date
15 as the Chairman of the Joint Chiefs of Staff con-
16 siders appropriate, except that such date shall not be
17 earlier than the date that is 180 days after the date
18 on which the Chairman submits to the congressional
19 defense committees notice that—
20 (A) the Chairman has made a determina-
21 tion that—
22 (i) the military services’, geographic
23 combatant commands’, and functional
24 combatant commands’ electromagnetic
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1 spectrum operations expertise, capabilities,
2 and execution are sufficiently robust; and
3 (ii) an alternative arrangement de-
4 scribed in paragraph (2) is justified; and
5 (B) the Chairman intends to transfer re-
6 sponsibilities and activities in order to carry out
7 such alternative arrangement.
8 (2) ALTERNATIVE ARRANGEMENT DE-
9 SCRIBED.—An alternative arrangement described in
10 this paragraph is an arrangement in which certain
11 oversight, advocacy, and coordination functions allot-
12 ted to the Chairman or Vice Chairman of the Joint
13 Chiefs of Staff by subsections (a) and (b) are per-
14 formed either by a single combatant command or by
15 the individual geographic and functional combatant
16 commands responsible for executing electromagnetic
17 spectrum operations with long-term supervision by
18 the Chairman or Vice Chairman of the Joint Chiefs
19 of Staff.
20 (d) EVALUATIONS OF ARMED FORCES.—
21 (1) IN GENERAL.—The Chief of Staff of the
22 Army, the Chief of Naval Operations, the Chief of
23 Staff of the Air Force, the Commandant of the Ma-
24 rine Corps, and the Chief of Space Operations shall
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1 armed forces for their respective military services
2 and their ability to perform the electromagnetic
3 spectrum operations missions required of them in—
4 (A) the Electromagnetic Spectrum Superi-
5 ority Strategy;
6 (B) the Joint Staff-developed concept of
7 operations; and
8 (C) the operation and contingency plans of
9 the combatant commanders.
10 (2) ELEMENTS.—Each evaluation under para-
11 graph (1) shall include assessment of the following:
12 (A) Current programs of record, includ-
13 ing—
14 (i) the ability of weapon systems to
15 perform missions in contested electro-
16 magnetic spectrum environments; and
17 (ii) the ability of electronic warfare
18 capabilities to disrupt adversary oper-
19 ations.
20 (B) Future programs of record, includ-
21 ing—
22 (i) the need for distributed or net-
23 work-centric electronic warfare and signals
24 intelligence capabilities; and
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1 (ii) the need for automated and ma-
2 chine learning- or artificial intelligence-as-
3 sisted electronic warfare capabilities.
4 (C) Order of battle.
5 (D) Individual and unit training.
6 (E) Tactics, techniques, and procedures,
7 including—
8 (i) maneuver, distribution of assets,
9 and the use of decoys; and
10 (ii) integration of nonkinetic and ki-
11 netic fires.
12 (e) EVALUATION OF COMBATANT COMMANDS.—
13 (1) IN GENERAL.—The Commander of the
14 United States European Command, the Commander
15 of the United States Pacific Command, and the
16 Commander of the United States Central Command
17 shall each conduct and complete an evaluation of the
18 plans and posture of their respective commands to
19 execute the electromagnetic spectrum operations en-
20 visioned in—
21 (A) the Electromagnetic Spectrum Superi-
22 ority Strategy; and
23 (B) the Joint Staff-developed concept of
24 operations.
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1 (2) ELEMENTS.—Each evaluation under para-
2 graph (1) shall include assessment of the following:
3 (A) Operation and contingency plans.
4 (B) The manning, organizational align-
5 ment, and capability of joint electromagnetic
6 spectrum operations cells.
7 (C) Mission rehearsal and exercises.
8 (D) Force positioning, posture, and readi-
9 ness.
10 (f) SEMIANNUAL BRIEFING.—Not less frequently
11 than twice each year until January 1, 2026, the Vice
12 Chairman of the Joint Chiefs of Staff shall brief the Com-
13 mittee on Armed Services of the Senate and the Com-
14 mittee on Armed Services of the House of Representatives
15 on the implementation of this section by each of the Joint
16 Staff, the military services, and the combatant commands.
17 SEC. 174. CRYPTOGRAPHIC MODERNIZATION SCHEDULES.
18 (a) CRYPTOGRAPHIC MODERNIZATION SCHEDULES
19 REQUIRED.—Each of the Secretaries of the military de-
20 partments and the heads of relevant defense agencies and
21 field activities shall establish and maintain a cryp-
22 tographic modernization schedule that specifies, for each
23 pertinent weapon system, command and control system,
24 or data link, including those that use commercial
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1 (1) The expiration date or cease key date for
2 applicable cryptographic algorithms.
3 (2) Anticipated key extension requests for sys-
4 tems where cryptographic modernization is assessed
5 to be overly burdensome and expensive or to provide
6 limited operational utility.
7 (3) The funding and deployment schedule for
8 modernized cryptographic algorithms, keys, and
9 equipment over the Future Years Defense Program.
10 (b) REQUIREMENTS FOR CHIEF INFORMATION OFFI-
11 CER.—The Chief Information Officer of the Department
12 of Defense shall—
13 (1) oversee the construction and implementa-
14 tion of the cryptographic modernization schedules
15 required by subsection (a);
16 (2) establish and maintain an integrated cryp-
17 tographic modernization schedule for the entire De-
18 partment, collating the cryptographic modernization
19 schedules required under subsection (a); and
20 (3) in coordination with the Director of the Na-
21 tional Security Agency and the Joint Staff Director
22 for Command, Control, Communications, and Com-
23 puters/Cyber, use the budget certification, standard-
24 setting, and policy-making authorities provided in
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25 section 142 of title 10, United States Code, to
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1 amend military service and defense agency and field
2 activity plans for key extension requests and cryp-
3 tographic modernization funding and deployment
4 that pose unacceptable risk to military operations.
5 (c) ANNUAL NOTICES.—Not later than January 1,
6 2022, and not less frequently than once each year there-
7 after until January 1, 2026, the Chief Information Officer
8 of the Department and the Joint Staff Director for Com-
9 mand, Control, Communications, and Computers/Cyber
10 shall jointly submit to the congressional defense commit-
11 tees notification of all—
12 (1) delays to or planned delays of military serv-
13 ice and defense agency and field activity funding and
14 deployment of modernized cryptographic algorithms,
15 keys, and equipment over the previous year; and
16 (2) changes in plans or schedules surrounding
17 key extension requests and waivers, including—
18 (A) unscheduled or unanticipated key ex-
19 tension requests; and
20 (B) unscheduled or unanticipated waivers
21 and nonwaivers of scheduled or anticipated key
22 extension requests.
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1 SEC. 175. PROHIBITION ON PURCHASE OF ARMED
2 OVERWATCH AIRCRAFT.
3 The Secretary of the Air Force may not purchase any
4 aircraft for the Air Force Special Operations Command
5 for the purpose of ‘‘armed overwatch’’ until such time as
6 the Chief of Staff of the Air Force certifies to the congres-
7 sional defense committees that general purpose forces of
8 the Air Force do not have the skill or capacity to provide
9 close air support and armed overwatch to United States
10 forces deployed operationally.
11 SEC. 176. SPECIAL OPERATIONS ARMED OVERWATCH.
12 (a) PROHIBITION.—None of the funds authorized to
13 be appropriated by this Act for the Department of Defense
14 may be used to acquire armed overwatch aircraft for the
15 United States Special Operations Command, and the De-
16 partment of Defense may not acquire armed overwatch
17 aircraft for the United States Special Operations Com-
18 mand in fiscal year 2021.
19 (b) ANALYSIS REQUIRED.—
20 (1) IN GENERAL.—Not later than July 1, 2021,
21 the Secretary of Defense, in coordination with the
22 Assistant Secretary of Defense for Special Oper-
23 ations and Low Intensity Conflict and the Com-
24 mander of the United States Special Operations
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26 special operations-peculiar requirements for armed
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1 overwatch aircraft and to determine whether acquisi-
2 tion of a new special operations-peculiar platform is
3 the most cost effective means of fulfilling such re-
4 quirements.
5 (2) ELEMENTS.—At a minimum, the analysis
6 of alternatives required under paragraph (1) shall
7 include—
8 (A) a description of the concept of oper-
9 ations for employing armed overwatch aircraft
10 in support of ground forces;
11 (B) an identification of geographic regions
12 in which armed overwatch aircraft could be de-
13 ployed;
14 (C) an identification of the most likely
15 antiaircraft threats in geographic areas where
16 armed overwatch aircraft will be deployed and
17 possible countermeasures to defeat such
18 threats;
19 (D) a defined requirement for special oper-
20 ations-peculiar armed overwatch aircraft, in-
21 cluding an identification of threshold and objec-
22 tive performance parameters for armed
23 overwatch aircraft;
24 (E) an analysis of alternatives comparing
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1 current aircraft inventory of the United States
2 Special Operations Command and a new plat-
3 form for meeting requirements for the armed
4 overwatch mission, including for each alter-
5 native considered;
6 (F) an identification of any necessary air-
7 craft modifications and the associated cost;
8 (G) the annual cost of operating and sus-
9 taining such aircraft;
10 (H) an identification of any required mili-
11 tary construction costs;
12 (I) an explanation of how the acquisition of
13 a new armed overwatch aircraft would impact
14 the overall fleet of special operations-peculiar
15 aircraft and the availability of aircrews and
16 maintainers;
17 (J) an explanation of why existing Air
18 Force and United States Special Operations
19 Command close air support and airborne intel-
20 ligence capabilities are insufficient for the
21 armed overwatch mission; and
22 (K) any other matters determined relevant
23 by the Secretary of Defense.
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1 SEC. 177. AUTONOMIC LOGISTICS INFORMATION SYSTEM
2 REDESIGN STRATEGY.
3 Not later than October 1, 2020, the Under Secretary
4 of Defense for Acquisition and Sustainment, in consulta-
5 tion with the F–35 Program Executive Officer, shall—
6 (1) submit to the congressional defense commit-
7 tees a report describing a program-wide process for
8 measuring, collecting, and tracking information on
9 how the Autonomic Logistics Information System
10 (ALIS) is affecting the performance of the F–35
11 fleet, including its effects on mission capability
12 rates; and
13 (2) implement a strategy for the redesign of
14 ALIS, including the identification and assessment of
15 goals, key risks or uncertainties, and costs of rede-
16 signing the system.
17 SEC. 178. CONTRACT AVIATION SERVICES IN A COUNTRY
18 OR IN AIRSPACE IN WHICH A SPECIAL FED-
19 ERAL AVIATION REGULATION APPLIES.
20 (a) IN GENERAL.—When the Department of Defense
21 contracts for aviation services to be performed in a foreign
22 country, or in airspace, in which a Special Federal Avia-
23 tion Regulation issued by the Federal Aviation Adminis-
24 tration would preclude operation of such aviation services
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1 States, the Secretary of Defense (or a designee of the Sec-
2 retary) shall—
3 (1) obtain approval from the Administrator of
4 the Federal Aviation Administration (or a designee
5 of the Administrator) for the air carrier or commer-
6 cial operator of the United States to deviate from
7 the Special Federal Aviation Regulation to the ex-
8 tent necessary to perform such aviation services;
9 (2) designate the aircraft of the air carrier or
10 commercial operator of the United States to be
11 State Aircraft of the United States when performing
12 such aviation services; or
13 (3) use organic aircraft to perform such avia-
14 tion services in lieu of aircraft of an air carrier or
15 commercial operator of the United States.
16 (b) CONSTRUCTION OF DESIGNATION.—The designa-
17 tion of aircraft of an air carrier or commercial operator
18 of the United States as State Aircraft of the United States
19 under subsection (a)(2) shall have no effect on Federal
20 Aviation Administration requirements for—
21 (1) safety oversight responsibility for the oper-
22 ation of aircraft so designated, except for those ac-
23 tivities prohibited or restricted by an applicable Spe-
24 cial Federal Aviation Regulation; and
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1 (2) any previously issued nonpremium aviation
2 insurance or reinsurance policy issued to the air car-
3 rier or commercial operator of the United States for
4 the duration of aviation services performed as a
5 State Aircraft of the United States under that sub-
6 section.
7 SEC. 179. F–35 AIRCRAFT MUNITIONS.
8 The Secretary of the Air Force and the Secretary of
9 the Navy shall qualify and certify, for the use of United
10 States forces, additional munitions on the F–35 aircraft
11 that are already qualified on NATO member F–35 partner
12 aircraft.
13 SEC. 180. AIRBORNE INTELLIGENCE, SURVEILLANCE, AND
14 RECONNAISSANCE ACQUISITION ROADMAP
15 FOR UNITED STATES SPECIAL OPERATIONS
16 COMMAND.
17 (a) IN GENERAL.—Not later than December 1, 2021,
18 the Assistant Secretary of Defense for Special Operations
19 and Low-Intensity Conflict and the Commander of the
20 United States Special Operations Command shall jointly
21 submit to the congressional defense committees an acqui-
22 sition roadmap to meet the manned and unmanned air-
23 borne intelligence, surveillance, and reconnaissance re-
24 quirements of United States Special Operations Forces.
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1 (b) ELEMENTS.—The roadmap required under sub-
2 section (a) shall include, at a minimum, the following:
3 (1) A description of the current platform re-
4 quirements for manned and unmanned airborne in-
5 telligence, surveillance, and reconnaissance capabili-
6 ties to support United States Special Operations
7 Forces.
8 (2) An analysis of the remaining service life of
9 existing manned and unmanned airborne intel-
10 ligence, surveillance, and reconnaissance capabilities
11 currently operated by United States Special Oper-
12 ations Forces.
13 (3) An identification of any current or antici-
14 pated special operations-peculiar capability gaps.
15 (4) A description of the future manned and un-
16 manned intelligence, surveillance, and reconnais-
17 sance platform requirements of the United States
18 Special Operations Forces, including range, payload,
19 endurance, ability to operate in contested environ-
20 ments, and other requirements as appropriate.
21 (5) An explanation of the anticipated mix of
22 manned and unmanned aircraft, number of plat-
23 forms, and associated aircrew and maintainers.
24 (6) An explanation of the extent to which serv-
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1 ligence, surveillance, and reconnaissance capabilities
2 will be required in support of United States Special
3 Operations Forces and how such capabilities will
4 supplement and integrate with the organic capabili-
5 ties possessed by United States Special Operations
6 Forces.
7 (7) Any other matters deemed relevant by the
8 Assistant Secretary and Commander.
9 SEC. 181. REQUIREMENT TO ACCELERATE THE FIELDING
10 AND DEVELOPMENT OF COUNTER UN-
11 MANNED AERIAL SYSTEMS ACROSS THE
12 JOINT FORCE.
13 (a) PRIORITY OBJECTIVES FOR EXECUTIVE AGENT
14 FOR C-UAS.—The Executive Agent of the Joint Counter
15 Small Unmanned Aerial Systems (C-sUAS) Office, as des-
16 ignated by the Under Secretary of Defense, Acquisition
17 and Sustainment, shall prioritize the following objectives:
18 (1) Select counter unmanned aerial systems
19 that can be fielded as early as fiscal year 2021 to
20 meet immediate operational needs in countering
21 Group 1, 2, and 3 unmanned aerial systems with the
22 potential to expand to other larger systems.
23 (2) Devise and execute a near-term plan to de-
24 velop and field a select set of counter unmanned aer-
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1 ial systems to meet joint force requirements, begin-
2 ning in fiscal year 2021.
3 (b) FIELDING C-UAS SYSTEMS IN FISCAL YEAR
4 2021.—Pursuant to subsection (a)(1), the Executive
5 Agent shall prioritize the selection of counter unmanned
6 aerial systems that can be fielded in fiscal year 2021 with
7 specific emphasis on systems that—
8 (1) have undergone effective combat validations;
9 (2) meet the operational demands of deployed
10 forces facing the most significant threats, especially
11 unmanned aerial systems that are not remotely pi-
12 loted or are not reliant on a command link; and
13 (3) utilize autonomous systems and processes
14 that increase operational effectiveness, reduce the
15 manning demands on operational forces, and limit
16 the need for government-funded contractor logistics
17 support.
18 (c) NEAR-TERM DEVELOPMENT PLAN.—The plan for
19 the near-term development of counter unmanned aerial
20 systems prioritized under subsection (a)(2) shall ensure,
21 at a minimum, that the development of such systems—
22 (1) builds, as much as practicable, upon sys-
23 tems that were selected for fielding in fiscal year
24 2021 and the criteria prioritized for their selection,
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1 (2) reduces or accelerates the timeline for initial
2 operational capability and full operational capability;
3 (3) utilizes a software-defined, family-of-sys-
4 tems approach that enables the flexible and contin-
5 uous integration of different types of sensors and
6 mitigation solutions based on the different demands
7 of particular military installations and deployed
8 forces, physical geographies, and threat profiles; and
9 (4) gives preference to commercial items, as re-
10 quired in section 3307 of title 41, United States
11 Code, when making selections of counter unmanned
12 aerial systems or component parts, including a com-
13 mon command and control system.
14 (d) BRIEFING.—Not later than 60 days after the date
15 of the enactment of this Act, the Executive Agent shall
16 brief the congressional defense committees on the selection
17 process for counter unmanned aerial systems capabilities
18 prioritized under paragraph (1) of subsection (a) and the
19 plan prioritized under paragraph (2) of such subsection.
20 (e) OVERSIGHT.—The Executive Agent shall—
21 (1) oversee the program management and exe-
22 cution of all counter unmanned aerial systems being
23 developed within the military departments on the
24 day before the date of the enactment of this Act;
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1 (2) ensure that the plan prioritized under sub-
2 section (a)(2) guides future programmatic and fund-
3 ing decisions for activities relating to counter un-
4 manned aerial systems, including cancellation of
5 such activities.
6 SEC. 182. JOINT ALL DOMAIN COMMAND AND CONTROL RE-
7 QUIREMENTS.
8 (a) PRODUCTION OF REQUIREMENTS BY JOINT RE-
9 QUIREMENTS OVERSIGHT COUNCIL.—Not later than Oc-
10 tober 1, 2020, the Joint Requirements and Oversight
11 Council (JROC) shall produce requirements for the Joint
12 All Domain Command and Control (JADC2) program.
13 (b) AIR FORCE CERTIFICATION.—Immediately after
14 the certification of requirements produced under sub-
15 section (a), the Chief of Staff of the Air Force shall submit
16 to the congressional defense committees a certification
17 that the current JADC2 effort, including programmatic
18 and architecture efforts, being led by the Air Force will
19 meet the requirements laid out by the JROC.
20 (c) CERTIFICATION BY OTHER SERVICES.— Not
21 later than January 1, 2021, the chief of each other mili-
22 tary service shall submit to the congressional defense com-
23 mittees a certification whether that service’s efforts on
24 multi-domain command and control are compatible with
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1 (d) BUDGETING.—The Secretary of Defense shall in-
2 corporate the expected costs for full development and im-
3 plementation of the JADC2 program across the Depart-
4 ment in the President’s budget submission to Congress for
5 fiscal year 2022 under section 1105 of title 31, United
6 States Code.
7TITLE II—RESEARCH, DEVELOP-
8 MENT, TEST, AND EVALUA-
9 TION
10 Subtitle A—Authorization of
11 Appropriations
12 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
13 Funds are hereby authorized to be appropriated for
14 fiscal year 2021 for the use of the Department of Defense
15 for research, development, test, and evaluation, as speci-
16 fied in the funding table in section 4201.
17 Subtitle B—Program Require-
18 ments, Restrictions, and Limita-
19 tions
20 SEC. 211. DESIGNATION AND ACTIVITIES OF SENIOR OFFI-
21 CIALS FOR CRITICAL TECHNOLOGY AREAS
22 SUPPORTIVE OF THE NATIONAL DEFENSE
23 STRATEGY.
24 (a) DESIGNATION OF SENIOR OFFICIALS.—The
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1 ignate a set of senior officials to coordinate research and
2 engineering in such technology areas as the Under Sec-
3 retary considers critical for the support of the National
4 Defense Strategy.
5 (b) DUTIES.—The duties of the senior officials des-
6 ignated under subsection (a) shall include, within their re-
7 spective technology areas—
8 (1) developing and continuously updating re-
9 search and technology development roadmaps, asso-
10 ciated funding strategies, and associated technology
11 transition strategies to ensure effective and efficient
12 development of new capabilities and operational use
13 of appropriate technologies;
14 (2) annual assessments of workforce, infra-
15 structure, and industrial base capabilities and capac-
16 ity to support the roadmaps developed under para-
17 graph (1) and the goals of the National Defense
18 Strategy;
19 (3) reviewing the relevant research and engi-
20 neering budgets of appropriate organizations within
21 the Department of Defense, including the military
22 services, and advising the Under Secretary on—
23 (A) the consistency of the budgets with the
24 roadmaps developed under paragraph (1);
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1 (B) any technical and programmatic risks
2 to achieving the research and technology devel-
3 opment goals of the National Defense Strategy;
4 and
5 (C) projects and activities with unwanted
6 or inefficient duplication, including with other
7 government agencies and the commercial sector,
8 lack of appropriate coordination with relevant
9 organizations, or inappropriate alignment with
10 organizational missions and capabilities;
11 (4) coordinating research and engineering ac-
12 tivities of the Department with appropriate inter-
13 national, interagency, and private sector organiza-
14 tions; and
15 (5) tasking the appropriate intelligence agencies
16 to develop a direct comparison between the capabili-
17 ties of the United States and the capabilities of ad-
18 versaries of the United States.
19 (c) ANNUAL REPORTS.—
20 (1) IN GENERAL.—Not later than December 1,
21 2021, and not later than December 1 of each year
22 thereafter until December 1, 2025, the Under Sec-
23 retary shall submit to the congressional defense com-
24 mittees a report of successful examples of research
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1 (A) achieved significant technical progress;
2 (B) transitioned to formal acquisition pro-
3 grams;
4 (C) transitioned into operational use; or
5 (D) transferred for further commercial de-
6 velopment or commercial sales.
7 (2) FORM.—Each report submitted under para-
8 graph (1) shall be submitted in a publicly releasable
9 format, but may include a classified annex.
10 (d) COORDINATION OF RESEARCH AND ENGINEER-
11 ING ACTIVITIES.—The Service Acquisition Executive for
12 each military services and the Director of the Defense Ad-
13 vanced Research Projects Agency shall each identify sen-
14 ior officials to ensure coordination of appropriate research
15 and engineering activities with each of the senior officials
16 designated under subsection (a).
17 SEC. 212. GOVERNANCE OF FIFTH-GENERATION WIRELESS
18 NETWORKING IN THE DEPARTMENT OF DE-
19 FENSE.
20 (a) IN GENERAL.—In carrying out the responsibil-
21 ities established in section 142 of title 10, United States
22 Code, the Chief Information Officer (CIO) of the Depart-
23 ment of Defense shall—
24 (1) lead the cross-functional team established
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1 (2) serve as the senior designated official for
2 fifth-generation wireless networking (commonly
3 known as ‘‘5G’’) policy, oversight, guidance, re-
4 search, and coordination in the Department.
5 (b) RESPONSIBILITIES.—The Chief Information Offi-
6 cer shall have, with respect to authorities referenced in
7 subsection (a), the following responsibilities:
8 (1) Proposing governance, management, and or-
9 ganizational policy for fifth-generation wireless net-
10 working to the Secretary of Defense, in consultation
11 with the heads of the constituent organizations of
12 the cross-functional team established pursuant to
13 subsection (c).
14 (2) Leading the cross-functional team estab-
15 lished pursuant to subsection (c).
16 (c) CROSS-FUNCTIONAL TEAM FOR FIFTH-GENERA-
17 TION WIRELESS NETWORKING.—
18 (1) ESTABLISHMENT REQUIRED.—The Sec-
19 retary of Defense shall, in accordance with section
20 911(c) of the National Defense Authorization Act
21 for Fiscal Year 2017 (Public Law 114–328; 10
22 U.S.C. 111 note), establish a cross-functional team
23 for fifth-generation wireless networking in order—
24 (A) to advance the development and adop-
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1 technologies, capabilities, security, and applica-
2 tions in the Department of Defense, the defense
3 industrial base, and the commercial sector; and
4 (B) to support public-private partnership
5 between the Department and industry regard-
6 ing fifth-generation wireless networking.
7 (2) PURPOSE.—The purpose of the cross-func-
8 tional team established pursuant to paragraph (1)
9 shall be the—
10 (A) oversight of the implementation of the
11 strategy developed as required by section 254 of
12 the National Defense Authorization Act for Fis-
13 cal Year 2020 (Public Law 116–92) for har-
14 nessing fifth-generation wireless networking
15 technologies, coordinated across all relevant ele-
16 ments of the Department;
17 (B) coordination of research and develop-
18 ment, implementation and acquisition activities,
19 warfighting concept development, spectrum pol-
20 icy, industrial policy and commercial outreach
21 and partnership relating to fifth-generation
22 wireless networking in the Department of De-
23 fense, and interagency and international en-
24 gagement;
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1 (C) integration of the Department of De-
2 fense’s fifth-generation wireless networking pro-
3 grams and policies with major Department ini-
4 tiatives, programs, and policies surrounding se-
5 cure microelectronics and command and con-
6 trol; and
7 (D) oversight, coordination, execution, and
8 leadership of, as appropriate, Department of
9 Defense initiatives to advance the national de-
10 ployment of fifth-generation wireless networks
11 and associated applications in the Federal Gov-
12 ernment and relevant commercial partners.
13 (d) ROLES AND RESPONSIBILITIES.—The Secretary
14 of Defense, through the cross-functional team established
15 under subsection (c), shall define the roles of the organiza-
16 tions within the Office of the Secretary of Defense, De-
17 partment of Defense intelligence components, military
18 services, defense agencies and field activities, combatant
19 commands, and the Joint Staff, for fifth-generation wire-
20 less networking policy and programs within the Depart-
21 ment.
22 (e) BRIEFING.—Not later than March 15, 2021, the
23 Secretary shall submit to the congressional defense com-
24 mittees a briefing on the establishment of the cross-func-
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1 tional team pursuant to subsection (c) and the roles and
2 responsibilities defined pursuant to subsection (d).
3 (f) RULE OF CONSTRUCTION.—
4 (1) IN GENERAL.—Nothing in this section shall
5 be construed as providing the Chief Information Of-
6 ficer immediate responsibility for the Department’s
7 activities in fifth-generation wireless networking ex-
8 perimentation and science and technology develop-
9 ment.
10 (2) PURVIEW OF EXPERIMENTATION AND
11 SCIENCE AND TECHNOLOGY DEVELOPMENT.—The
12 activities described in paragraph (1) shall remain
13 within the purview of the Under Secretary of De-
14 fense for Research and Engineering, but shall in-
15 form and be informed by the activities of the cross-
16 functional team established pursuant to subsection
17 (c).
18 SEC. 213. APPLICATION OF ARTIFICIAL INTELLIGENCE TO
19 THE DEFENSE REFORM PILLAR OF THE NA-
20 TIONAL DEFENSE STRATEGY.
21 (a) IDENTIFICATION OF USE CASES.—The Secretary
22 of Defense, acting through such officers and employees of
23 the Department of Defense as the Secretary considers ap-
24 propriate, including the chief data officers and chief man-
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1 tify a set of no fewer than five use cases of the application
2 of existing artificial intelligence enabled systems to sup-
3 port improved management of enterprise acquisition, per-
4 sonnel, audit, or financial management functions, or other
5 appropriate management functions, that are consistent
6 with reform efforts that support the National Defense
7 Strategy.
8 (b) PROTOTYPING ACTIVITIES ALIGNED TO USE
9 CASES.—The Secretary, acting through the Under Sec-
10 retary of Defense for Research and Engineering and in
11 coordination with the Director of the Joint Artificial Intel-
12 ligence Center and such other officers and employees as
13 the Secretary considers appropriate, shall pilot technology
14 development and prototyping activities that leverage com-
15 mercially available technologies and systems to dem-
16 onstrate new artificial intelligence enabled capabilities to
17 support the use cases identified under subsection (a).
18 (c) BRIEFING.—Not later than October 1, 2021, the
19 Secretary shall provide to the congressional defense com-
20 mittees a briefing summarizing the activities carried out
21 under this section.
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1 SEC. 214. EXTENSION OF AUTHORITIES TO ENHANCE INNO-
2 VATION AT DEPARTMENT OF DEFENSE LAB-
3 ORATORIES.
4 (a) EXTENSION OF PILOT PROGRAM FOR THE EN-
5 HANCEMENT OF THE RESEARCH, DEVELOPMENT, TEST,
6 AND EVALUATION CENTERS OF THE DEPARTMENT OF
7 DEFENSE.—Section 233(e) of the National Defense Au-
8 thorization Act for Fiscal Year 2017 (Public Law 114–
9 328; 10 U.S.C. 2358 note) is amended by striking ‘‘Sep-
10 tember 30, 2022’’ and inserting ‘‘September 30, 2025’’.
11 (b) EXTENSION OF PILOT PROGRAM TO IMPROVE IN-
12 CENTIVES FOR TECHNOLOGY TRANSFER FROM DEPART-
13 MENT OF DEFENSE LABORATORIES.—Subsection (e) of
14 section 233 of the National Defense Authorization Act for
15 Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2514
16 note) is amended to read as follows:
17 ‘‘(e) SUNSET.—The pilot program under this section
18 shall terminate on September 30, 2025.’’.
19 SEC. 215. UPDATES TO DEFENSE QUANTUM INFORMATION
20 SCIENCE AND TECHNOLOGY RESEARCH AND
21 DEVELOPMENT PROGRAM.
22 Section 234 of the John S. McCain National Defense
23 Authorization Act for Fiscal year 2019 (Public Law 115–
24 232; 10 U.S.C. 2358 note), as amended by section 220
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25 of the National Defense Authorization Act for Fiscal Year
26 2020 (Public Law 116–92), is further amended—
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1 (1) by redesignating subsection (e) as sub-
2 section (f); and
3 (2) by inserting after subsection (d) the fol-
4 lowing new subsection (e):
5 ‘‘(e) USE OF QUANTUM COMPUTING CAPABILI-
6 TIES.—The Secretary of each military department shall—
7 ‘‘(1) develop and annually update a list of tech-
8 nical problems and research challenges which are
9 likely to be addressable by quantum computers avail-
10 able for use within in the next one to three years,
11 with a priority for technical problems and challenges
12 where quantum computing systems have perform-
13 ance advantages over traditional computing systems,
14 in order to enhance the capabilities of such quantum
15 computers and support the addressing of relevant
16 technical problems and research challenges; and
17 ‘‘(2) establish programs and enter into agree-
18 ments with appropriate medium and small busi-
19 nesses with functional quantum computing capabili-
20 ties to provide such private sector capabilities to gov-
21 ernment, industry, and academic researchers work-
22 ing on relevant technical problems and research ac-
23 tivities.’’.
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1 SEC. 216. PROGRAM OF PART-TIME AND TERM EMPLOY-
2 MENT AT DEPARTMENT OF DEFENSE
3 SCIENCE AND TECHNOLOGY REINVENTION
4 LABORATORIES OF FACULTY AND STUDENTS
5 FROM INSTITUTIONS OF HIGHER EDU-
6 CATION.
7 (a) PROGRAM REQUIRED.—Not later than 180 days
8 after the date of the enactment of this Act, the Secretary
9 of Defense shall establish a program to provide part-time
10 or term employment in Department of Defense science
11 and technology reinvention laboratories for—
12 (1) faculty of institutions of higher education
13 who have expertise in science, technology, engineer-
14 ing, or mathematics to conduct research projects in
15 such laboratories; and
16 (2) students at such institutions to assist such
17 faculty in conducting such research projects.
18 (b) NUMBER OF POSITIONS.—
19 (1) IN GENERAL.—Not later than one year
20 after the date of the commencement of the program
21 established under subsection (a), the Secretary shall,
22 under such program, establish at least 10 positions
23 of employment described in such subsection for fac-
24 ulty described in paragraph (1) of such subsection.
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26 LEARNING.—Of the positions established under
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1 paragraph (1), at least five of such positions shall be
2 for faculty conducting research in the area of artifi-
3 cial intelligence and machine learning.
4 (c) SELECTION.—The Secretary, acting through the
5 directors of the laboratories described in subsection (a),
6 shall select faculty described in paragraph (1) of such sub-
7 section for participation in the program established under
8 such subsection on the basis of—
9 (1) the academic credentials and research expe-
10 rience of the faculty;
11 (2) the potential contribution to Department
12 objectives by the research that will be conducted by
13 the faculty under the program; and
14 (3) the qualifications of any students who will
15 be assisting the faculty in such research and the role
16 and credentials of such students.
17 (d) AUTHORITIES.—In carrying out the program es-
18 tablished under subsection (a), the Secretary and the di-
19 rectors of the laboratories described in such subsection
20 may—
21 (1) use any hiring authority available to the
22 Secretary or the directors, including any authority
23 available under a laboratory demonstration program,
24 direct hiring authority under section 1599h of title
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1 10, United States Code, and expert hiring authority
2 under section 3109 of title 5, United States Code;
3 (2) utilize cooperative research and development
4 agreements under section 12 of the Stevenson-
5 Wydler Technology Innovation Act of 1980 (15
6 U.S.C. 3710a) to enable sharing of research and ex-
7 pertise with institutions of higher education and the
8 private sector; and
9 (3) provide referral bonuses to program partici-
10 pants who identify students to assist in a research
11 project under the program or to participate in lab-
12 oratory internship programs and the Pathways In-
13 ternship Program.
14 (e) ANNUAL REPORTS.—
15 (1) IN GENERAL.—Not later than one year
16 after the date of the enactment of this Act and not
17 less frequently than once each year thereafter until
18 the date that is three years after the date of the en-
19 actment of this Act, the Secretary shall submit to
20 Congress a report on the program established under
21 subsection (a).
22 (2) CONTENTS OF FIRST REPORT.—The first
23 report submitted under paragraph (1) shall address,
24 at a minimum, the following:
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1 (A) The number of faculty and students
2 employed under the program.
3 (B) The laboratories employing such fac-
4 ulty and students.
5 (C) The types of research conducted or to
6 be conducted by such faculty or students.
7 (3) CONTENTS OF SUBSEQUENT REPORTS.—
8 Each report submitted under paragraph (1) after
9 the first report shall address, at a minimum, the fol-
10 lowing:
11 (A) The matters set forth in subpara-
12 graphs (A) through (C) of paragraph (2).
13 (B) The number of interns and recent col-
14 lege graduates hired pursuant to referrals
15 under subsection (d)(3).
16 (C) The results of research conducted
17 under the program.
18 (f) DEPARTMENT OF DEFENSE SCIENCE AND TECH-
19 NOLOGY REINVENTION LABORATORY DEFINED.—In this
20 section, the term ‘‘Department of Defense science and
21 technology reinvention laboratory’’ means the entities des-
22 ignated by section 1105(a) of the National Defense Au-
23 thorization Act for Fiscal Year 2010 (Public Law 111–
24 84; 10 U.S.C. 2358 note).
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1 SEC. 217. IMPROVEMENTS TO TECHNOLOGY AND NATIONAL
2 SECURITY FELLOWSHIP OF DEPARTMENT OF
3 DEFENSE.
4 (a) MODIFICATION REGARDING BASIC PAY.—Sub-
5 section (a)(4)(A) of section 235 of the National Defense
6 Authorization Act for Fiscal Year 2020 (Public Law 116–
7 92) is amended—
8 (1) by striking ‘‘equivalent to’’ and inserting
9 ‘‘not less than’’; and
10 (2) by inserting ‘‘and not more than the rate of
11 basic pay payable for a position at level 15 of such
12 schedule’’ before the semicolon.
13 (b) BACKGROUND CHECKS.—Subsection (b) of such
14 section is amended by adding at the end the following new
15 paragraph:
16 ‘‘(3) BACKGROUND CHECK REQUIREMENT.—No
17 individual may participate in the fellows program
18 without first undergoing a background check that
19 the Secretary considers appropriate for participation
20 in the fellows program.’’.
21 SEC. 218. DEPARTMENT OF DEFENSE RESEARCH, DEVELOP-
22 MENT, AND DEPLOYMENT OF TECHNOLOGY
23 TO SUPPORT WATER SUSTAINMENT.
24 (a) IN GENERAL.—The Secretary of Defense shall re-
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1 support water sustainment with technologies that capture
2 ambient humidity and harvest, recycle, and reuse water.
3 (b) GOAL.—Under subsection (a), the Secretary shall
4 seek to develop water systems that reduce weight and lo-
5 gistics support and transition such advanced technologies
6 for use by expeditionary forces by January 1, 2025.
7 (c) MODULAR PLATFORMS.—In carrying out sub-
8 section (a), the Secretary shall develop the following:
9 (1) Modular platforms that are easily transport-
10 able.
11 (2) Trailer mounted systems that will reduce
12 resupply.
13 (3) Storage requirements at forward operating
14 bases.
15 (d) PARTNERSHIPS AND EXISTING TECHNIQUES AND
16 TECHNOLOGIES.—In carrying out subsection (a), the Sec-
17 retary shall seek—
18 (1) to enter into partnerships with foreign mili-
19 taries and organizations that have proven they have
20 the ability to operate in water constrained areas;
21 (2) to leverage existing techniques and tech-
22 nologies; and
23 (3) to apply such techniques and technologies to
24 military operations carried out by the United States.
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1 (e) COMMERCIAL OFF-THE-SHELF TECH-
2 NOLOGIES.—In carrying out subsection (a), in addition to
3 technology described in such subsection, the Secretary
4 shall consider using commercial off-the-shelf technologies
5 for cost savings and near ready deployment technologies
6 to enable warfighters to be more self-sufficient.
7 (f) CROSS FUNCTIONAL TEAMS.—In carrying out
8 subsection (a), the Secretary shall establish cross func-
9 tional teams to determine regions where deployment of
10 water harvesting technologies could reduce conflict and po-
11 tentially eliminate the need for the presence of the Armed
12 Forces.
13 SEC. 219. DEVELOPMENT AND TESTING OF HYPERSONIC
14 CAPABILITIES.
15 (a) SENSE OF CONGRESS ON HYPERSONIC CAPABILI-
16 TIES.—It is the sense of Congress that development of
17 hypersonic capabilities is a key element of the National
18 Defense Strategy.
19 (b) IMPROVING GROUND-BASED TEST FACILITIES.—
20 The Secretary of Defense shall take such actions as may
21 be necessary to improve ground-based test facilities for the
22 development of hypersonic capabilities, such as improving
23 wind tunnels.
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1 (c) INCREASING FLIGHT TEST RATE.—The Sec-
2 retary shall increase the flight test rate to expedite the
3 maturation and fielding of hypersonic technologies.
4 (d) STRATEGY AND PLAN.—
5 (1) IN GENERAL.—Not later than December 30,
6 2020, the Under Secretary of Defense for Research
7 and Engineering, in consultation with the Chief of
8 Staff of the Air Force, shall submit to the congres-
9 sional defense committees an executable strategy
10 and plan to field air-launched and air-breathing
11 hypersonic weapons capability before the date that is
12 three years after the date of the enactment of this
13 Act.
14 (2) TESTING AND INFRASTRUCTURE.—The
15 strategy and plan submitted under paragraph (1)
16 shall cover required investments in testing and infra-
17 structure to address the need for both flight and
18 ground testing.
19 SEC. 220. DISCLOSURE REQUIREMENTS FOR RECIPIENTS
20 OF DEPARTMENT OF DEFENSE RESEARCH
21 AND DEVELOPMENT GRANTS.
22 (a) DISCLOSURE REQUIREMENTS.—
23 (1) IN GENERAL.—Chapter 139 of title 10,
24 United States Code, is amended by adding at the
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1 ‘‘§ 2374b. Disclosure requirements for recipients of
2 research and development grants
3 ‘‘An individual or entity (including a State or local
4 government) that receives Department of Defense grant
5 funds for research and development shall clearly state in
6 any statement, press release, or other document describing
7 the program, project, or activity funded through such
8 grant funds, other than a communication containing not
9 more than 280 characters, the dollar amount of Depart-
10 ment grant funds made available for the program, project,
11 or activity.’’.
12 (2) CLERICAL AMENDMENT.—The table of sec-
13 tions at the beginning of chapter 139 of such title
14 is amended by adding at the end the following new
15 item:
‘‘2374b. Disclosure requirements for recipients of research and development
grants.’’.
16 (b) EFFECTIVE DATE.—The amendments made by
17 subsection (a) shall take effect on October 1, 2021, and
18 shall apply with respect to grants for research and devel-
19 opment that are awarded by the Department of Defense
20 on or after that date.
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1 Subtitle C—Plans, Reports, and
2 Other Matters
3 SEC. 231. ASSESSMENT ON UNITED STATES NATIONAL SE-
4 CURITY EMERGING BIOTECHNOLOGY EF-
5 FORTS AND CAPABILITIES AND COMPARISON
6 WITH ADVERSARIES.
7 (a) ASSESSMENT AND COMPARISON REQUIRED.—
8 (1) IN GENERAL.—The Secretary of Defense,
9 acting through the Under Secretary of Defense for
10 Research and Engineering and the Under Secretary
11 of Defense for Intelligence, shall conduct an assess-
12 ment and direct comparison of capabilities in emerg-
13 ing biotechnologies for national security purposes,
14 including applications in material, manufacturing,
15 and health, between the capabilities of the United
16 States and the capabilities of adversaries of the
17 United States.
18 (2) ELEMENTS.—The assessment and compari-
19 son carried out under paragraph (1) shall include
20 the following:
21 (A) An evaluation of the quantity, quality,
22 and progress of United States fundamental and
23 applied research for emerging biotechnology ini-
24 tiatives for national security purposes.
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1 (B) An assessment of the resourcing of
2 United States efforts to harness emerging bio-
3 technology capabilities for national security pur-
4 poses, including the supporting facilities, test
5 infrastructure, and workforce.
6 (C) An intelligence assessment of adver-
7 sary emerging biotechnology capabilities and re-
8 search as well as an assessment of adversary in-
9 tent and willingness to use emerging biotech-
10 nologies for national security purposes.
11 (D) An assessment of the analytic and
12 operational subject matter expertise necessary
13 to assess rapidly-evolving foreign military devel-
14 opments in biotechnology, and the current state
15 of the workforce in the intelligence community
16 (E) Recommendations to improve and ac-
17 celerate United States capabilities in emerging
18 biotechnologies and the associated intelligence
19 community expertise.
20 (F) Such other matters as the Secretary
21 considers appropriate.
22 (b) REPORT.—
23 (1) IN GENERAL.—Not later than February 1,
24 2021, the Secretary shall submit to the congres-
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1 sional defense committees a report on the assess-
2 ment carried out under subsection (a).
3 (2) FORM.—The report submitted under para-
4 graph (1) shall be submitted in the following for-
5 mats—
6 (A) unclassified form, which may include a
7 classified annex; and
8 (B) publically releasable form, representing
9 appropriate information from the report under
10 subparagraph (A).
11 (c) DEFINITION OF INTELLIGENCE COMMUNITY.—In
12 this subsection, the term ‘‘intelligence community’’ has the
13 meaning given such term in section 3 of the National Se-
14 curity Act of 1947 (50 U.S.C. 3003).
15 SEC. 232. INDEPENDENT COMPARATIVE ANALYSIS OF EF-
16 FORTS BY CHINA AND THE UNITED STATES
17 TO RECRUIT AND RETAIN RESEARCHERS IN
18 NATIONAL SECURITY-RELATED FIELDS.
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-
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1 (2) TIMING.—The Secretary shall seek to enter
2 into the agreement described in paragraph (1) not
3 later than 60 days after the date of the enactment
4 of this Act.
5 (b) REVIEW.—
6 (1) IN GENERAL.—Under an agreement be-
7 tween the Secretary and the National Academies of
8 Sciences, Engineering, and Medicine under this sec-
9 tion, the National Academies of Sciences, Engineer-
10 ing, and Medicine shall carry out a comparative
11 analysis of efforts by China and the United States
12 Government to recruit and retain domestic and for-
13 eign researchers and develop recommendations for
14 the Department of Defense.
15 (2) ELEMENTS.—The comparative analysis car-
16 ried out under paragraph (1) and the recommenda-
17 tions developed under such paragraph shall include
18 the following:
19 (A) A list of the ‘‘talent programs’’ used
20 by China and a list of the incentive programs
21 used by the United States to recruit and retain
22 relevant researchers.
23 (B) The types of researchers, scientists,
24 other technical experts, and fields targeted by
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1 each talent program listed under subparagraph
2 (A).
3 (C) The number of researchers in aca-
4 demia, the Department of Defense Science and
5 Technology Reinvention Laboratories, and na-
6 tional security science and engineering pro-
7 grams of the National Nuclear Security Admin-
8 istration targeted by the talent programs listed
9 under subparagraph (A).
10 (D) The number of personnel currently
11 participating in the talent programs listed
12 under subparagraph (A) and the number of re-
13 searchers currently participating in the incen-
14 tive programs listed under such subparagraph.
15 (E) The incentives offered by each of the
16 talent programs listed under subparagraph (A)
17 and a description of the incentives offered
18 through incentive programs under such sub-
19 paragraph to recruit and retain researchers, sci-
20 entists, and other technical experts.
21 (F) A characterization of the national se-
22 curity, economic, and scientific benefits China
23 gains through the talent programs listed under
24 subparagraph (A) and a description of similar
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1 centive programs listed under such subpara-
2 graph.
3 (G) A list of findings and recommenda-
4 tions relating to policies that can be imple-
5 mented by the United States, especially the De-
6 partment of Defense, to improve the relative ef-
7 fectiveness of United States activities to recruit
8 and retain researchers, scientists, and other
9 technical experts relative to China.
10 (c) REPORT.—
11 (1) IN GENERAL.—Not later than one year
12 after the date of the execution of an agreement
13 under subsection (a), the National Academies of
14 Sciences, Engineering, and Medicine shall submit to
15 the congressional defense committees a report on the
16 findings National Academies of Sciences, Engineer-
17 ing, and Medicine with respect to the review carried
18 out under this section and the recommendations de-
19 veloped under this section.
20 (2) FORM.—The report submitted under para-
21 graph (1) shall be submitted in a publicly releasable
22 and unclassified formats, but may include a classi-
23 fied annex.
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1 SEC. 233. DEPARTMENT OF DEFENSE DEMONSTRATION OF
2 VIRTUALIZED RADIO ACCESS NETWORK AND
3 MASSIVE MULTIPLE INPUT MULTIPLE OUT-
4 PUT RADIO ARRAYS FOR FIFTH GENERATION
5 WIRELESS NETWORKING.
6 (a) DEMONSTRATION REQUIRED.—The Secretary of
7 Defense shall carry out a demonstration to demonstrate
8 the maturity, performance, and cost of covered tech-
9 nologies in order to provide additional options for pro-
10 viders of fifth-generation (5G) wireless networking serv-
11 ices.
12 (b) COVERED TECHNOLOGIES.—For purposes of this
13 section, a covered technology is—
14 (1) a disaggregated or virtualized radio access
15 network and core where components can be provided
16 by different vendors and interoperate through open
17 protocols and interfaces; and
18 (2) one or more massive multiple input and
19 multiple output radio arrays provided by United
20 States companies that have the potential to compete
21 favorably with radios produced by foreign companies
22 in terms of cost, performance, and efficiency.
23 (c) LOCATION.—The Secretary shall carry out the
24 demonstration under subsection (a) at at least one site
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25 where the Secretary of Defense plans to deploy a fifth-
26 generation wireless network.
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1 (d) COORDINATION.—The Secretary shall carry out
2 the demonstration under subsection (a) in coordination
3 with at least one major United States wireless network
4 service provider.
5 SEC. 234. INDEPENDENT TECHNICAL REVIEW OF FEDERAL
6 COMMUNICATIONS COMMISSION ORDER 20–
7 48.
8 (a) AGREEMENT.—
9 (1) IN GENERAL.—The Secretary of Defense
10 shall seek to enter into an agreement with the Na-
11 tional Academies of Sciences, Engineering, and Med-
12 icine for the National Academies of Sciences, Engi-
13 neering, and Medicine to perform the services cov-
14 ered by this section.
15 (2) TIMING.—The Secretary shall seek to enter
16 into the agreement described in paragraph (1) not
17 later than 30 days after the date of the enactment
18 of this Act.
19 (b) INDEPENDENT TECHNICAL REVIEW.—
20 (1) IN GENERAL.—Under an agreement be-
21 tween the Secretary and the National Academies of
22 Sciences, Engineering, and Medicine under sub-
23 section (a), the National Academies of Sciences, En-
24 gineering, and Medicine shall carry out an inde-
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1 ization adopted by the Federal Communications
2 Commission on April 19, 2020 (FCC 20–48), to the
3 extent that such order and authorization affects the
4 devices, operations, or activities of the Department
5 of Defense.
6 (2) ELEMENTS.—The independent technical re-
7 view carried out under paragraph (1) shall include
8 the following:
9 (A) Comparison of the two different ap-
10 proaches on which the Commission relied for
11 the order and authorized described in para-
12 graph (1) to evaluate the potential harmful in-
13 terference concerns relating to Global Posi-
14 tioning System devices, with a recommendation
15 on which method most effectively mitigates
16 risks of harmful interference with Global Posi-
17 tioning System devices of the Department, or
18 relating to or with the potential to affect the
19 operations and activities of the Department.
20 (B) Assessment of the potential for harm-
21 ful interference to mobile satellite services, in-
22 cluding commercial services and Global Posi-
23 tioning System services of the Department, or
24 relating to or with the potential to affect the
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1 (C) Review of the feasibility, practicality,
2 and effectiveness of the proposed mitigation
3 measures relating to, or with the potential to
4 affect, the devices, operations, or activities of
5 the Department.
6 (D) Development of recommendations as-
7 sociated with the findings of the National Acad-
8 emies of Sciences, Engineering, and Medicine in
9 carrying out the independent technical review.
10 (E) Such other matters as the National
11 Academies of Sciences, Engineering, and Medi-
12 cine determines relevant.
13 (c) REPORT.—
14 (1) IN GENERAL.—Under an agreement be-
15 tween the Secretary and the National Academies of
16 Sciences, Engineering, and Medicine under sub-
17 section (a), the National Academies of Sciences, En-
18 gineering, and Medicine shall, not later than nine
19 months after the date of the execution of such agree-
20 ment, the National Academies of Sciences, Engineer-
21 ing, and Medicine shall submit to the Committee on
22 Armed Services of the Senate and the Committee on
23 Armed Services of the House of Representatives a
24 report on the findings of the National Academies of
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1 the independent technical review carried out under
2 subsection (b) and the recommendations developed
3 pursuant to such review.
4 (2) FORM.—The report submitted under para-
5 graph (1) shall be submitted in a publicly releasable
6 and unclassified formats, but may include a classi-
7 fied annex.
8 SEC. 235. REPORT ON AND LIMITATION ON EXPENDITURE
9 OF FUNDS FOR MICRO NUCLEAR REACTOR
10 PROGRAMS.
11 (a) REPORT REQUIRED.—The Secretary of Defense
12 shall submit to the appropriate congressional committees
13 a report on the micro nuclear reactor programs of the De-
14 partment of Defense.
15 (b) CONTENTS.—The report required by subsection
16 (a) shall include the following:
17 (1) Potential operational uses on United States
18 and non-United States territory, including both mo-
19 bile and fixed systems.
20 (2) Cost and schedule estimates for each new or
21 ongoing program to reach initial operational capa-
22 bility, including the timeline for transition of any
23 program currently funded using defense-wide funds
24 to one or more military services and the identified
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1 (3) In consultation with the Assistant Secretary
2 of Defense for Nuclear, Chemical, and Biological
3 Defense programs, an assessment of physical secu-
4 rity requirements for use of such reactors on domes-
5 tic military installations and non-United States non-
6 domestic installations or locations, including fully
7 permissive, semi-permissive, and remote environ-
8 ments, including a preliminary design basis threat
9 analysis.
10 (4) In coordination with the Secretary of
11 State—
12 (A) an assessment of any agreements or
13 changes to agreements that would be required
14 for use of such reactors on non-United States
15 territory;
16 (B) an assessment of applicability of for-
17 eign regulations or International Atomic En-
18 ergy Agency safeguards for use on non-United
19 States territory; and
20 (C) other policy implications of deployment
21 of such systems on non-United States territory.
22 (5) In coordination with the Chairman of the
23 Nuclear Regulatory Commission, a summary of li-
24 censing requirements for operation of such systems
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1 (6) A summary of requirements pursuant to the
2 National Environmental Policy Act of 1969 (42
3 U.S.C. 4321 et seq.) for development and operation
4 on United States territory.
5 (7) In consultation with the General Counsel of
6 the Department of Defense, an assessment of any
7 issues relating to indemnification for operation on
8 United States or non-United States territory and
9 any other relevant legal matters.
10 (8) In coordination with the Secretary of State
11 and the Secretary of Energy, a determination of
12 whether development, production, and deployment of
13 such systems would require unobligated enriched
14 uranium fuel.
15 (9) If the determination in paragraph (8) is
16 that unobligated fuel would be required, in coordina-
17 tion with the Administrator for Nuclear Security, an
18 assessment of the availability of such unobligated
19 enriched uranium fuel, by year, for the estimated life
20 of the program, considered with other United States
21 Government demands for such fuel, including trit-
22 ium production, naval nuclear propulsion, and med-
23 ical isotope production.
24 (10) Any other considerations the Secretary de-
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1 (c) CONSULTATION.—In addition to consultation and
2 coordination required under subsection (b), the Secretary
3 shall, in producing the report required by subsection (a),
4 consult with the Secretary of the Army, the Chairman of
5 the Joint Chiefs of Staff, the Under Secretary of Defense
6 for Policy, the Director of Naval Nuclear Propulsion, and
7 such other officials as the Secretary considers necessary.
8 (d) FORM.—The report submitted under subsection
9 (a) shall be submitted in unclassified form, but may in-
10 clude a classified annex.
11 (e) LIMITATION ON USE OF FUNDS.—Not more than
12 20 percent of the amounts authorized to be appropriated
13 by this Act for fiscal year 2021 for Department of Defense
14 micro nuclear reactor programs shall be obligated or ex-
15 pended until the Secretary submits the report required by
16 subsection (a) to the appropriate congressional commit-
17 tees.
18 (f) RULE OF CONSTRUCTION.—Nothing in this provi-
19 sion shall be construed to limit or otherwise apply to the
20 Naval Nuclear Propulsion program as established by Ex-
21 ecutive Order No. 12344, dated February 1, 1982 (42
22 U.S.C. 7158 note).
23 (g) DEFINITIONS.—In this section:
24 (1) The term ‘‘appropriate congressional com-
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1 (A) the Committee on Armed Services, the
2 Committee on Appropriations, the Committee
3 on Energy and Natural Resources, the Com-
4 mittee on Environment and Public Works, and
5 the Committee on Foreign Relations of the Sen-
6 ate; and
7 (B) the Committee on Armed Services, the
8 Committee on Appropriations, the Committee
9 on Energy and Commerce, the Committee on
10 Natural Resources, and the Committee on For-
11 eign Affairs of the House of Representatives.
12 (2) The term ‘‘micro nuclear reactor’’means a
13 nuclear reactor with a production capacity of less
14 than 20 megawatts.
15 SEC. 236. MODIFICATION TO TEST RESOURCE MANAGE-
16 MENT CENTER STRATEGIC PLAN REPORTING
17 CYCLE AND CONTENTS.
18 (a) QUADRENNIAL STRATEGIC PLAN.—Section 196
19 of title 10, United States Code, is amended—
20 (1) in subsections (c)(1)(C) and (e)(2)(B), by
21 inserting ‘‘quadrennial’’ before ‘‘strategic plan’’; and
22 (2) in subsection (d)—
23 (A) in the heading, by inserting ‘‘QUAD-
24 RENNIAL’’ before ‘‘STRATEGIC PLAN’’; and
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1 (B) by inserting ‘‘quadrennial’’ before
2 ‘‘strategic plan’’ each place it occurs.
3 (b) TIMING AND COVERAGE OF PLAN.—Subsection
4 (d)(1) of such section, as amended by subsection (a)(2),
5 is further amended—
6 (1) in the first sentence, by striking ‘‘two fiscal
7 years’’ and inserting ‘‘four fiscal years, and within
8 one year after release of the National Defense Strat-
9 egy,’’ ; and
10 (2) in the second sentence, by striking ‘‘thirty
11 fiscal years’’ and inserting ‘‘15 fiscal years’’.
12 (c) AMENDMENT TO CONTENTS OF PLAN.—Sub-
13 section (d)(2) of such section, as amended by subsection
14 (a)(2), is further amended—
15 (1) by striking subparagraph (B);
16 (2) by redesignating subparagraphs (C) through
17 (G) as subparagraphs (B) through (F), respectively;
18 and
19 (3) in subparagraph (B), as redesignated by
20 paragraph (2), by striking ‘‘based on current’’ and
21 all that follows through the end and inserting ‘‘for
22 test and evaluation of the Department of Defense
23 major weapon systems based on current and emerg-
24 ing threats.’’.
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1 (d) ANNUAL UPDATE TO PLAN.—Subsection (d) of
2 such section is amended by adding at the end the following
3 new paragraph:
4 ‘‘(5)(A) In addition to the quadrennial strategic plan
5 completed under paragraph (1), the Director of the De-
6 partment of Defense Test Resource Management Center
7 shall also complete an annual update to the quadrennial
8 strategic plan.
9 ‘‘(B) Each annual update completed under subpara-
10 graph (A) shall include the following:
11 ‘‘(i) A summary of changes to the assessment
12 provided in the most recent quadrennial strategic
13 plan.
14 ‘‘(ii) Comments and recommendations the Di-
15 rector considers appropriate.
16 ‘‘(iii) Test and evaluation challenges raised
17 since the completion of the most recent quadrennial
18 strategic plan.
19 ‘‘(iv) Actions taken or planned to address such
20 challenges.’’.
21 (e) TECHNICAL CORRECTION.—Subsection (d)(1) of
22 such, as amended by subsections (a)(2) and (b), is further
23 amended by striking ‘‘Test Resources Management Cen-
24 ter’’ and inserting ‘‘Test Resource Management Center’’.
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1 SEC. 237. LIMITATION ON CONTRACT AWARDS FOR CER-
2 TAIN UNMANNED VESSELS.
3 (a) LIMITATION.—None of the funds authorized to
4 be appropriated for fiscal year 2021 by section 201 for
5 research, development, test, and evaluation may be used
6 for the award of a contract for a covered vessel until the
7 date that is 30 days after the date on which the Under
8 Secretary of Defense for Research and Engineering sub-
9 mits to the congressional defense committees a report and
10 certification described in subsection (c) for such contract
11 and covered vessel.
12 (b) COVERED VESSELS.—For purposes of this sec-
13 tion, a covered vessel is one of the following:
14 (1) A large unmanned surface vessel (LUSV).
15 (2) A medium unmanned surface vehicle
16 (MUSV).
17 (3) A large displacement unmanned undersea
18 vehicle (LDUUV).
19 (4) An extra-large unmanned undersea vehicle
20 (XLUUV).
21 (c) REPORT AND CERTIFICATION DESCRIBED.—A re-
22 port and certification described in this subsection regard-
23 ing a contract for a covered vessel is—
24 (1) a report—
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25 (A) submitted to the congressional defense
26 committees not later than 60 days after the
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1 date of the completion of an independent tech-
2 nical risk assessment for such covered vessel;
3 and
4 (B) on the findings of the Under Secretary
5 with respect to such assessment; and
6 (2) a certification, submitted to the congres-
7 sional defense committees with the report described
8 in paragraph (1), that certifies that—
9 (A) the Under Secretary has determined,
10 in conjunction with the Senior Technical Au-
11 thority designated under section 8669b(a)(1) of
12 title 10, United States Code, for the class of
13 naval vessels that includes the covered vessel,
14 that the critical mission, hull, mechanical, and
15 electrical subsystems of the covered vessel—
16 (i) have been demonstrated in vessel-
17 representative form, fit, and function; and
18 (ii) have achieved performance levels
19 equal to or greater than applicable Depart-
20 ment of Defense threshold requirements
21 for such class of vessels; and
22 (B) such contract is necessary to meet De-
23 partment research, development, test, and eval-
24 uation objectives for such covered vessel that
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1 based subsystem prototyping or other dem-
2 onstration approaches.
3 (d) CRITICAL MISSION, HULL, MECHANICAL, AND
4 ELECTRICAL SUBSYSTEMS DEFINED.—In this section, the
5 term ‘‘critical mission, hull, mechanical, and electrical sub-
6 systems’’, with respect to a covered vessel, includes the
7 following subsystems:
8 (1) Command, control, communications, com-
9 puters, intelligence, surveillance, and reconnaissance.
10 (2) Autonomous vessel navigation, vessel con-
11 trol, contact management, and contact avoidance.
12 (3) Communications security, including
13 cryptopgraphy, encryption, and decryption.
14 (4) Main engines, including the lube oil, fuel oil,
15 and other supporting systems.
16 (5) Electrical generation and distribution, in-
17 cluding supporting systems.
18 (6) Military payloads.
19 (7) Any other subsystem identified as critical by
20 the Senior Technical Authority designated under
21 section 8669b(a)(1) of title 10, United States Code,
22 for the class of naval vessels that includes the cov-
23 ered vessel.
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1 SEC. 238. DOCUMENTATION RELATING TO THE ADVANCED
2 BATTLE MANAGEMENT SYSTEM.
3 (a) DOCUMENTATION REQUIRED.—Immediately
4 upon the enactment of this Act, the Secretary of the Air
5 Force shall submit to the congressional defense commit-
6 tees the following documentation relating to the Advanced
7 Battle Management System:
8 (1) A list that identifies each program, project,
9 and activity that contributes to the architecture of
10 the Advanced Battle Management System.
11 (2) The final analysis of alternatives for the
12 Advanced Battle Management System.
13 (3) The requirements for the networked data
14 architecture necessary for the Advanced Battle Man-
15 agement System to provide multidomain command
16 and control and battle management capabilities and
17 a development schedule for such architecture.
18 (b) LIMITATION.—Of the funds authorized to be ap-
19 propriated by this Act for fiscal year 2021 for operations
20 and maintenance for the Office of the Secretary of the
21 Air Force, not more than 25 percent may be obligated
22 until the date that is 30 days after the date on which the
23 Secretary of the Air Force submits to the congressional
24 defense committees the documentation required by sub-
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26 of the Joint Chiefs certifies the documentation.
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1 (c) ADVANCED BATTLE MANAGEMENT SYSTEM.—In
2 this section, the term ‘‘Advanced Battle Management Sys-
3 tem’’ means the Advanced Battle Management System of
4 Systems capability of the Air Force, including each pro-
5 gram, project, and activity that contributes to such capa-
6 bility.
7 SEC. 239. ARMED SERVICES VOCATIONAL APTITUDE BAT-
8 TERY TEST SPECIAL PURPOSE ADJUNCT TO
9 ADDRESS COMPUTATIONAL THINKING.
10 Not later than one year after the date of the enact-
11 ment of this Act, the Secretary of Defense shall establish
12 a special purpose test adjunct to the Armed Services Voca-
13 tional Aptitude Battery test to address computational
14 thinking skills relevant to military applications, including
15 problem decomposition, abstraction, pattern recognition,
16 analytical ability, the identification of variables involved
17 in data representation, and the ability to create algorithms
18 and solution expressions.
19 TITLE III—OPERATION AND
20 MAINTENANCE
21 Subtitle A—Authorization of
22 Appropriations
23 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
24 Funds are hereby authorized to be appropriated for
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1 activities and agencies of the Department of Defense for
2 expenses, not otherwise provided for, for operation and
3 maintenance, as specified in the funding table in section
4 4301.
5 Subtitle B—Energy and
6 Environment
7 SEC. 311. MODIFICATIONS AND TECHNICAL CORRECTIONS
8 TO ENSURE RESTORATION OF CONTAMINA-
9 TION BY PERFLUOROOCTANE SULFONATE
10 AND PERFLUOROOCTANOIC ACID.
11 (a) DEFINITION FOR PFOA AND PFOS.—Section
12 2700 of title 10, United States Code, is amended by add-
13 ing at the end the following new paragraphs:
14 ‘‘(4) The term ‘perfluorooctane sulfonate’
15 means perfluorooctane sulfonic acid or sulfonate
16 (commonly referred to as ‘PFOS’) (Chemical Ab-
17 stracts Service No. 1763-23-1) and the salts associ-
18 ated with perfluorooctane sulfonic acid or sulfonate
19 (Chemical Abstracts Service Nos. 2795–39–3,
20 29457–72–5, 56773–42–3, 29081–56–9, and
21 70225–14–8).
22 ‘‘(5) The term ‘perfluorooctanoic acid’ means
23 perfluorooctanoic acid (commonly referred to as
24 ‘PFOA’) (Chemical Abstracts Service No. 335-67-1)
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1 (Chemical Abstracts Service Nos. 3825-26-1, 335-
2 95-5, and 68141-02-6).’’.
3 (b) MODIFICATION OF ENVIRONMENTAL RESTORA-
4 TION ACCOUNTS.—Section 2703 of such title is amend-
5 ed—
6 (1) in subsection (e)(2), by striking ‘‘environ-
7 mental’’;
8 (2) in subsection (f), by striking ‘‘to the Envi-
9 ronmental Restoration Account, Defense, or to any
10 environmental restoration account of a military de-
11 partment,’’ and inserting ‘‘or transferred to an ac-
12 count established under subsection (a)’’;
13 (3) by striking subsection (g) and inserting the
14 following:
15 ‘‘(g) SOLE SOURCE OF FUNDS FOR RESPONSES
16 UNDER THIS CHAPTER.—Except as provided in sub-
17 section (h), the sole source of funds for all phases of a
18 response under this chapter shall be the applicable envi-
19 ronmental restoration account established under sub-
20 section (a).’’; and
21 (4) in subsection (h)—
22 (A) in the subsection heading, by striking
23 ‘‘ENVIRONMENTAL REMEDIATION’’ and insert-
24 ing ‘‘RESPONSES’’; and
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1 (B) by striking ‘‘services procured under
2 section 2701(d)(1) of this title’’ and inserting
3 ‘‘a response’’.
4 (c) MODIFICATION OF AUTHORITY FOR ENVIRON-
5 MENTAL RESTORATION PROJECTS OF NATIONAL
6 GUARD.—
7 (1) IN GENERAL.—Section 2707(e) of such title
8 is amended—
9 (A) by striking ‘‘Notwithstanding’’ and in-
10 serting ‘‘(1) Notwithstanding’’;
11 (B) by inserting ‘‘where military activities
12 are conducted by the National Guard of a State
13 under title 32’’ after ‘‘facility’’; and
14 (C) by adding at the end the following new
15 paragraph:
16 ‘‘(2) The Secretary concerned may use the authority
17 under section 2701(d) of this title to carry out environ-
18 mental restoration projects under paragraph (1).’’.
19 (2) CORRECTION OF DEFINITION OF FACIL-
20 ITY.—Paragraph (2) of section 2700 of such title is
21 amended—
22 (A) in subparagraph (A), by striking ‘‘(A)
23 The terms’’ and inserting ‘‘The terms’’; and
24 (B) by striking subparagraph (B).
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1 (d) EXTENSION OF CONTRACT AUTHORITY.—Section
2 2708(b) of such title is amended—
3 (1) in paragraph (1), by striking ‘‘fiscal years
4 1992 through 1996’’ and inserting ‘‘a period speci-
5 fied in paragraph (3)’’; and
6 (2) by adding at the end the following new
7 paragraph:
8 ‘‘(3) A period specified in this paragraph is—
9 ‘‘(A) the period of fiscal years 1992 through
10 1996; or
11 ‘‘(B) on or after the date of the enactment of
12 the National Defense Authorization Act for Fiscal
13 Year 2021.’’.
14 (e) TECHNICAL CONSISTENCY FOR MUNITIONS RE-
15 SPONSE.—
16 (1) PROGRAM GOALS.—Section 2701(b)(2) of
17 such title is amended by striking ‘‘of unexploded
18 ordnance’’ and inserting ‘‘of unexploded ordnance,
19 discarded military munitions, and munitions con-
20 stituents in a manner consistent with section 2710
21 of this title’’.
22 (2) ENVIRONMENTAL RESTORATION AC-
23 COUNTS.—Section 2703(b) of such title is amended
24 by striking the second sentence and inserting the fol-
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1 conducted in a manner consistent with section 2710
2 of this title.’’.
3 (3) TRANSFER OF DEFINITIONS.—
4 (A) TRANSFER.—Paragraphs (2) and (3)
5 of section 2710(e) of such title are—
6 (i) transferred to section 2700 of such
7 title;
8 (ii) added at the end of such section;
9 and
10 (iii) redesignated as paragraphs (6)
11 and (7), respectively.
12 (B) REDESIGNATION OF DEFINITIONS.—
13 Section 2710(e) of such title is amended by re-
14 designating paragraphs (4) through (7) as
15 paragraphs (2) through (5), respectively.
16 (4) CONFORMING AMENDMENTS.—Section
17 313(d) of the John Warner National Defense Au-
18 thorization Act for Fiscal Year 2007 (Public Law
19 109–364; 10 U.S.C. 2710 note) is amended—
20 (A) in paragraph (2)—
21 (i) by striking ‘‘ ‘discarded military
22 munitions’, ‘munitions constituents’, and
23 ‘defense sites’ ’’ and inserting ‘‘ ‘discarded
24 military munitions’ and ‘munitions con-
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1 (ii) by striking ‘‘section 2710(e)’’ and
2 inserting ‘‘section 2700’’; and
3 (B) by adding at the end the following new
4 paragraph:
5 ‘‘(3) The term ‘defense site’ has the meaning
6 given such term in section 2710(e) of such title.’’.
7 (f) TECHNICAL CORRECTION REGARDING COOPERA-
8 TIVE AGREEMENTS.—Section 332(a)(2) of the National
9 Defense Authorization Act for Fiscal Year 2020 (Public
10 Law 116–92) is amended, in the matter preceding sub-
11 paragraph (A), by striking ‘‘shall meet or exceed the most
12 stringent of the following’’ and inserting ‘‘relating to a re-
13 sponse shall reflect application to the response of the most
14 protective of the following’’.
15 SEC. 312. READINESS AND ENVIRONMENTAL PROTECTION
16 INTEGRATION PROGRAM TECHNICAL EDITS
17 AND CLARIFICATION.
18 (a) USE OF FUNDS.—Section 2684a(i) of title 10,
19 United States Code, is amended by adding at the end the
20 following new paragraph:
21 ‘‘(3) Funds obligated to carry out an agreement
22 under this section shall be available for use with regard
23 to any property in the geographic scope specified in the
24 agreement—
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1 ‘‘(B) in any subsequent modification to the
2 agreement.’’.
3 (b) CLARIFICATION OF REFERENCES TO ELIGIBLE
4 ENTITIES.—
5 (1) DEFINITION.—Subsection (b) of section
6 2684a of title 10, United States Code, is amended,
7 in the matter preceding paragraph (1), by striking
8 ‘‘An agreement under this section may be entered
9 into with’’ and inserting ‘‘For purposes of this sec-
10 tion, an eligible entity is’’.
11 (2) ACQUISITION OF PROPERTY AND INTER-
12 ESTS.—Subsection (d)(1) of such section is amended
13 by striking ‘‘the entity or entities’’ each place it ap-
14 pears and inserting ‘‘an eligible entity or entities’’.
15 (3) RETROACTIVE APPLICATION.—The amend-
16 ments made by paragraphs (1) and (2) shall apply
17 to any agreement entered into under section 2684a
18 of title 10, United States Code, on or after Decem-
19 ber 2, 2002.
20 SEC. 313. SURVEY AND MARKET RESEARCH OF TECH-
21 NOLOGIES FOR PHASE OUT BY DEPARTMENT
22 OF DEFENSE OF USE OF FLUORINATED
23 AQUEOUS FILM-FORMING FOAM.
24 (a) SURVEY OF TECHNOLOGIES AND MARKET RE-
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1 (1) IN GENERAL.—The Secretary of Defense
2 shall conduct a survey and market research of rel-
3 evant technologies, other than fire-fighting agent so-
4 lutions, to determine whether any such technologies
5 are available and can be adapted quickly for use by
6 the Department of Defense to execute the phase-out
7 by the Department of the use of fluorinated aqueous
8 film-forming foam.
9 (2) TECHNOLOGIES INCLUDED.—The tech-
10 nologies surveyed or researched under paragraph (1)
11 shall include the following:
12 (A) Hangar flooring systems.
13 (B) Liquid drainage flood assemblies.
14 (C) Fire-fighting agent delivery systems.
15 (D) Containment systems.
16 (E) Such other relevant technologies as the
17 Secretary determines appropriate.
18 (b) BRIEFING.—
19 (1) IN GENERAL.—Not later than 180 days
20 after the date of the enactment of this Act, the Sec-
21 retary shall brief the congressional defense commit-
22 tees on the results of the survey and market re-
23 search conducted under subsection (a).
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1 (2) ELEMENTS OF BRIEFING.—The briefing re-
2 quired under paragraph (1) shall include the fol-
3 lowing:
4 (A) A description of the technologies sur-
5 veyed and researched under subsection (a).
6 (B) An identification of any such tech-
7 nologies that were considered for further testing
8 or analysis.
9 (C) An identification of any other tech-
10 nologies useful for the phase-out by the Depart-
11 ment of the use of fluorinated aqueous film-
12 forming foam that are undergoing additional
13 analysis for possible application within the De-
14 partment.
15 SEC. 314. MODIFICATION OF AUTHORITY TO CARRY OUT
16 MILITARY INSTALLATION RESILIENCE
17 PROJECTS.
18 (a) MODIFICATION OF AUTHORITY.—Section 2815 of
19 title 10, United States Code is amended—
20 (1) in subsection (a), by inserting ‘‘(except as
21 provided in subsections (d)(3) and (e))’’ before the
22 period at the end;
23 (2) in subsection (c), by striking ‘‘A project’’
24 and inserting ‘‘Except as provided in subsection
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1 (3) by redesignating subsection (d) as sub-
2 section (f); and
3 (4) by inserting after subsection (c) the fol-
4 lowing new subsections:
5 ‘‘(d) LOCATION OF PROJECTS.—Projects carried out
6 pursuant to this section may be carried out—
7 ‘‘(1) on a military installation;
8 ‘‘(2) on a facility used by the Department of
9 Defense that is owned and operated by a State, the
10 District of Columbia, the Commonwealth of Puerto
11 Rico, American Samoa, Guam, the Commonwealth
12 of the Northern Mariana Islands, or the Virgin Is-
13 lands, even if the facility is not under the jurisdic-
14 tion of the Department of Defense, if the Secretary
15 of Defense determines that the facility is subject to
16 significant use by the armed forces for testing or
17 training; or
18 ‘‘(3) outside of a military installation or facility
19 described in paragraph (2) if the Secretary con-
20 cerned determines that the project would preserve or
21 enhance the resilience of—
22 ‘‘(A) a military installation;
23 ‘‘(B) a facility described in paragraph (2);
24 or
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1 ‘‘(C) community infrastructure determined
2 by the Secretary concerned to be necessary to
3 maintain, improve, or rapidly reestablish instal-
4 lation mission assurance and mission-essential
5 functions.
6 ‘‘(e) ALTERNATIVE FUNDING SOURCE.—(1) In car-
7 rying out a project under this section, the Secretary con-
8 cerned may use amounts available for operation and main-
9 tenance for the military department concerned if the Sec-
10 retary concerned submits a notification to the congres-
11 sional defense committees of the decision to carry out the
12 project using such amounts and includes in the notifica-
13 tion—
14 ‘‘(A) the current estimate of the cost of the
15 project;
16 ‘‘(B) the source of funds for the project; and
17 ‘‘(C) a certification that deferral of the project
18 for inclusion in the next Military Construction Au-
19 thorization Act would be inconsistent with national
20 security or the protection of health, safety, or envi-
21 ronmental quality, as the case may be.
22 ‘‘(2) A project carried out under this section using
23 amounts under paragraph (1) may be carried out only
24 after the end of the 7-day period beginning on the date
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1 (1) is provided in an electronic medium pursuant to sec-
2 tion 480 of this title.
3 ‘‘(3) The maximum aggregate amount that the Sec-
4 retary concerned may obligate from amounts available to
5 the military department concerned for operation and
6 maintenance in any fiscal year for projects under the au-
7 thority of this subsection is $100,000,000.’’.
8 (b) CONSIDERATION OF MILITARY INSTALLATION
9 RESILIENCE IN AGREEMENTS AND INTERAGENCY CO-
10 OPERATION.—Section 2684a of such title is amended—
11 (1) in subsection (a)—
12 (A) in paragraph (2)(B)—
13 (i) by striking clause (ii); and
14 (ii) in clause (i)—
15 (I) by striking ‘‘(i)’’; and
16 (II) by striking ‘‘; or’’ and insert-
17 ing a semicolon;
18 (B) by redesignating paragraph (3) as
19 paragraph (4); and
20 (C) by inserting after paragraph (2) the
21 following new paragraph (3):
22 ‘‘(3) maintaining or improving military installa-
23 tion resilience; or’’; and
24 (2) by amending subsection (h) to read as fol-
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1 ‘‘(h) INTERAGENCY COOPERATION IN CONSERVATION
2 AND RESILIENCE PROGRAMS TO AVOID OR REDUCE AD-
3 VERSE IMPACTS ON MILITARY INSTALLATION RESIL-
4 IENCE AND MILITARY READINESS ACTIVITIES.—In order
5 to facilitate interagency cooperation and enhance the ef-
6 fectiveness of actions that will protect the environment,
7 military installation resilience, and military readiness, the
8 recipient of funds provided pursuant to an agreement
9 under this section or under the Sikes Act (16 U.S.C. 670
10 et seq.) may, with regard to the lands and waters within
11 the scope of the agreement, use such funds to satisfy any
12 matching funds or cost-sharing requirement of any con-
13 servation or resilience program of any Federal agency not-
14 withstanding any limitation of such program on the source
15 of matching or cost-sharing funds.’’.
16 SEC. 315. NATIVE AMERICAN INDIAN LANDS ENVIRON-
17 MENTAL MITIGATION PROGRAM.
18 (a) IN GENERAL.—Chapter 160 of title 10, United
19 States Code, is amended by adding at the end the fol-
20 lowing new section:
21 ‘‘§ 2712. Native American lands environmental mitiga-
22 tion program
23 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense
24 may establish and carry out a program to mitigate the
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1 environmental effects of actions by the Department of De-
2 fense on Indian lands and culturally connected locations.
3 ‘‘(b) PROGRAM ACTIVITIES.—The activities that may
4 be carried out under the program established under sub-
5 section (a) are the following:
6 ‘‘(1) Identification, investigation, and docu-
7 mentation of suspected environmental effects attrib-
8 utable to past actions by the Department of De-
9 fense.
10 ‘‘(2) Development of mitigation options for such
11 environmental effects, including development of cost-
12 to-complete estimates and a system for prioritizing
13 mitigation actions.
14 ‘‘(3) Direct mitigation actions that the Sec-
15 retary determines are necessary and appropriate to
16 mitigate the adverse environmental effects of past
17 actions by the Department.
18 ‘‘(4) Demolition and removal of unsafe build-
19 ings and structures used by, under the jurisdiction
20 of, or formerly used by or under the jurisdiction of
21 the Department.
22 ‘‘(5) Training, technical assistance, and admin-
23 istrative support to facilitate the meaningful partici-
24 pation of Indian tribes in mitigation actions under
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1 ‘‘(6) Development and execution of a policy gov-
2 erning consultation with Indian tribes that have
3 been or may be affected by action by the Depart-
4 ment, including training personnel of the Depart-
5 ment to ensure compliance with the policy.
6 ‘‘(c) COOPERATIVE AGREEMENTS.—(1) In carrying
7 out the program established under subsection (a), the Sec-
8 retary of Defense may enter into a cooperative agreement
9 with an Indian tribe or an instrumentality of tribal govern-
10 ment.
11 ‘‘(2) Notwithstanding chapter 63 of title 31, a coop-
12 erative agreement under this section may be used to ac-
13 quire property or services for the direct benefit of the
14 United States Government.
15 ‘‘(3) A cooperative agreement under this section for
16 the procurement of severable services may begin in one
17 fiscal year and end in another fiscal year only if the total
18 period of performance does not exceed two calendar years.
19 ‘‘(d) DEFINITIONS.—In this section:
20 ‘‘(1) The term ‘Indian land’ includes—
21 ‘‘(A) any land located within the bound-
22 aries and a part of an Indian reservation, pueb-
23 lo, or rancheria;
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1 ‘‘(B) any land that has been allotted to an
2 individual Indian but has not been conveyed to
3 such Indian with full power of alienation;
4 ‘‘(C) Alaska Native village and regional
5 corporation lands; and
6 ‘‘(D) lands and waters upon which any
7 Federally recognized Indian tribe has rights re-
8 served by treaty, act of Congress, or action by
9 the President.
10 ‘‘(2) The term ‘Indian Tribe’ means any Indian
11 Tribe, band, nation, or other organized group or
12 community, including any Native village, Regional
13 Corporation, or Village Corporation (as defined in
14 section 3 of the Alaska Native Claims Settlement
15 Act (43 U.S.C. 1602)), that is recognized as eligible
16 for the special programs and services provided by
17 the United States to Indians because of their status
18 as Indians.
19 ‘‘(3) The term ‘culturally connected location’
20 means a location or place that has demonstrable sig-
21 nificance to Indians or Alaska Natives based on its
22 association with the traditional beliefs, customs, and
23 practices of a living community, including locations
24 or places where religious, ceremonial, subsistence,
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1 medicinal, economic, or other lifeways practices have
2 historically taken place.’’.
3 (b) CLERICAL AMENDMENT.—The table of sections
4 at the beginning of chapter 160 of such title is amended
5 by inserting after the item relating to section 2711 the
6 following new item:
‘‘2712. Native American lands environmental mitigation program.’’.
7 SEC. 316. ENERGY RESILIENCE AND ENERGY SECURITY
8 MEASURES ON MILITARY INSTALLATIONS.
9 (a) IN GENERAL.—Subchapter I of chapter 173 of
10 title 10, United States Code, is amended by inserting after
11 section 2919 the following new section:
12 ‘‘§ 2920. Energy resilience and energy security meas-
13 ures on military installations
14 ‘‘(a) ENERGY RESILIENCE MEASURES.—(1) The
15 Secretary of Defense shall, by the end of fiscal year 2030,
16 provide that 100 percent of the energy load required to
17 maintain the critical missions of each installation have a
18 minimum level of availability of 99.9 percent per fiscal
19 year.
20 ‘‘(2) The Secretary of Defense shall issue standards
21 establishing levels of availability relative to specific critical
22 missions, with such standards providing a range of not
23 less than 99.9 percent availability per fiscal year and not
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24 more than 99.9999 percent availability per fiscal year, de-
25 pending on the criticality of the mission.
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1 ‘‘(3) The Secretary may establish interim goals to
2 take effect prior to fiscal year 2025 to ensure the require-
3 ments under this subsection are met.
4 ‘‘(4) The Secretary of each military department and
5 the head of each Defense Agency shall ensure that their
6 organizations meet the requirements of this subsection.
7 ‘‘(b) PLANNING.—(1) The Secretary of Defense shall
8 require the Secretary of each military department and the
9 head of each Defense Agency to plan for the provision of
10 energy resilience and energy security for installations.
11 ‘‘(2) Planning under paragraph (1) shall—
12 ‘‘(A) promote the use of multiple and diverse
13 sources of energy, with an emphasis favoring energy
14 resources originating on the installation such as
15 modular generation;
16 ‘‘(B) promote installing microgrids to ensure
17 the energy security and energy resilience of critical
18 missions; and
19 ‘‘(C) favor the use of full-time, installed energy
20 sources rather than emergency generation.
21 ‘‘(c) DEVELOPMENT OF INFORMATION.—The plan-
22 ning required by subsection (b) shall identify each of the
23 following for each installation:
24 ‘‘(1) The critical missions of the installation.
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1 ‘‘(2) The energy requirements of those critical
2 missions.
3 ‘‘(3) The duration that those energy require-
4 ments are likely to be needed in the event of a dis-
5 ruption or emergency.
6 ‘‘(4) The current source of energy provided to
7 those critical missions.
8 ‘‘(5) The duration that the currently provided
9 energy would likely be available in the event of a dis-
10 ruption or emergency.
11 ‘‘(6) Any currently available sources of energy
12 that would provide uninterrupted energy to critical
13 missions in the event of a disruption or emergency.
14 ‘‘(7) Alternative sources of energy that could be
15 developed to provide uninterrupted energy to critical
16 missions in the event of a disruption or emergency.
17 ‘‘(d) TESTING AND MEASURING.—(1)(A) The Sec-
18 retary of Defense shall require the Secretary of each mili-
19 tary department and head of each Defense Agency to con-
20 duct monitoring, measuring, and testing to provide the
21 data necessary to comply with this section.
22 ‘‘(B) Any data provided under subparagraph (A)
23 shall be made available to the Assistant Secretary of De-
24 fense for Sustainment upon request.
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1 ‘‘(2)(A) The Secretary of Defense shall require that
2 black start exercises be conducted to assess the energy re-
3 silience and energy security of installations for periods es-
4 tablished to evaluate the ability of the installation to per-
5 form critical missions without access to off-installation en-
6 ergy resources.
7 ‘‘(B) A black start exercise conducted under subpara-
8 graph (A) may exclude, if technically feasible, housing
9 areas, commissaries, exchanges, and morale, welfare, and
10 recreation facilities.
11 ‘‘(C) The Secretary of Defense shall—
12 ‘‘(i) provide uniform policy for the military de-
13 partments and the Defense Agencies with respect to
14 conducting black start exercises; and
15 ‘‘(ii) establish a schedule of black start exer-
16 cises for the military departments and the Defense
17 Agencies, with each military department and De-
18 fense Agency scheduled to conduct such an exercise
19 on a number of installations each year sufficient to
20 allow that military department or Defense Agency to
21 meet the goals of this section, but in any event not
22 fewer than five installations each year for each mili-
23 tary department through fiscal year 2027.
24 ‘‘(D)(i) Except as provided in clause (ii), the Sec-
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1 any other provision of law, conduct black start exercises
2 in accordance with the schedule provided for in subpara-
3 graph (C)(ii), with any such exercise not to last longer
4 than five days.
5 ‘‘(ii) The Secretary of a military department may
6 conduct more black start exercises than those identified
7 in the schedule provided for in subparagraph (C)(ii).
8 ‘‘(e) CONTRACT REQUIREMENTS.—For contracts for
9 energy and utility services, the Secretary of Defense
10 shall—
11 ‘‘(1) specify methods and processes to measure,
12 manage, and verify compliance with subsection (a);
13 and
14 ‘‘(2) ensure that such contracts include require-
15 ments appropriate to ensure energy resilience and
16 energy security, including requirements for metering
17 to measure, manage, and verify energy consumption,
18 availability, and reliability consistent with this sec-
19 tion and the energy resilience metrics and standards
20 under section 2911(b) of this title.
21 ‘‘(f) EXCEPTION.—This section does not apply to
22 fuels used in aircraft, vessels, or motor vehicles.
23 ‘‘(g) REPORT.—If by the end of fiscal year 2029, the
24 Secretary determines that the Department will be unable
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25 to meet the requirements under subsection (a), not later
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1 than 90 days after the end of such fiscal year, the Sec-
2 retary shall submit to the Committees on Armed Services
3 of the Senate and House of Representatives a report de-
4 tailing—
5 ‘‘(1) the projected shortfall;
6 ‘‘(2) reasons for the projected shortfall;
7 ‘‘(3) any statutory, technological, or monetary
8 impediments to achieving such requirements;
9 ‘‘(4) any impact to readiness or ability to meet
10 the national defense posture; and
11 ‘‘(5) any other relevant information as the Sec-
12 retary considers appropriate.
13 ‘‘(h) DEFINITIONS.—In this section:
14 ‘‘(1) The term ‘availability’ means the avail-
15 ability of required energy at a stated instant of time
16 or over a stated period of time for a specific pur-
17 pose.
18 ‘‘(2) The term ‘black start exercise’ means an
19 exercise in which delivery of energy provided from
20 off an installation is terminated before backup gen-
21 eration assets on the installation are turned on.
22 Such an exercise shall—
23 ‘‘(A) determine the ability of the backup
24 systems to start independently, transfer the
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1 load, and carry the load until energy from off
2 the installation is restored;
3 ‘‘(B) align organizations with critical mis-
4 sions to coordinate in meeting critical mission
5 requirements;
6 ‘‘(C) validate mission operation plans, such
7 as continuity of operations plans;
8 ‘‘(D) identify infrastructure interdepend-
9 encies; and
10 ‘‘(E) verify backup electric power system
11 performance.
12 ‘‘(3) The term ‘critical mission’—
13 ‘‘(A) means those aspects of the missions
14 of an installation, including mission essential
15 operations, that are critical to successful per-
16 formance of the strategic national defense mis-
17 sion;
18 ‘‘(B) may include operational headquarters
19 facilities, airfields and supporting infrastruc-
20 ture, harbor facilities supporting naval vessels,
21 munitions production and storage facilities,
22 missile fields, radars, satellite control facilities,
23 cyber operations facilities, space launch facili-
24 ties, operational communications facilities, and
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25 biological defense facilities; and
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1 ‘‘(C) does not include military housing (in-
2 cluding privatized military housing), morale,
3 welfare, and recreation facilities, exchanges,
4 commissaries, or privately owned facilities.
5 ‘‘(4) The term ‘energy’ means electricity, nat-
6 ural gas, steam, chilled water, and heated water.
7 ‘‘(5) The term ‘installation’ has the meaning
8 given the term ‘military installation’ in section
9 2801(c)(4) of this title.’’.
10 (b) CLERICAL AMENDMENT.—The table of sections
11 at the beginning of subchapter I of chapter 173 of such
12 title is amended by inserting after the item relating to sec-
13 tion 2919 the following new item:
‘‘2920. Energy resilience and energy security measures on military installa-
tions.’’.
14 SEC. 317. MODIFICATION TO AVAILABILITY OF ENERGY
15 COST SAVINGS FOR DEPARTMENT OF DE-
16 FENSE.
17 Section 2912(a) of title 10, United States Code, is
18 amended by inserting ‘‘and, in the case of operational en-
19 ergy, from both training and operational missions,’’ after
20 ‘‘under section 2913 of this title,’’.
21 SEC. 318. LONG-DURATION DEMONSTRATION INITIATIVE
22 AND JOINT PROGRAM.
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23 (a) DEFINITIONS.—In this section:
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1 (1) DIRECTOR.—The term ‘‘Director’’ means
2 the Director of the Environmental Security Tech-
3 nology Certification Program of the Department of
4 Defense.
5 (2) DIRECTOR OF ARPA–E.—The term ‘‘Direc-
6 tor of ARPA–E’’ means the Director of the Ad-
7 vanced Research Projects Agency—Energy.
8 (3) INITIATIVE.—The term ‘‘Initiative’’ means
9 the demonstration initiative established under sub-
10 section (b).
11 (4) JOINT PROGRAM.—The term ‘‘Joint Pro-
12 gram’’ means the joint program established under
13 subsection (d).
14 (b) ESTABLISHMENT OF INITIATIVE.—Not later than
15 180 days after the date of enactment of this Act, the Di-
16 rector shall establish a demonstration initiative composed
17 of demonstration projects focused on the development of
18 long-duration energy storage technologies.
19 (c) SELECTION OF PROJECTS.—To the maximum ex-
20 tent practicable, in selecting demonstration projects to
21 participate in the Initiative, the Director shall—
22 (1) ensure a range of technology types;
23 (2) ensure regional diversity among projects;
24 and
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1 (3) consider bulk power level, distribution power
2 level, behind-the-meter, microgrid (grid-connected or
3 islanded mode), and off-grid applications.
4 (d) JOINT PROGRAM.—
5 (1) ESTABLISHMENT.—As part of the Initia-
6 tive, the Director, in consultation with the Director
7 of ARPA–E, shall establish within the Department
8 of Defense a joint program to carry out projects—
9 (A) to demonstrate promising long-dura-
10 tion energy storage technologies at different
11 scales to promote energy resiliency; and
12 (B) to help new, innovative long-duration
13 energy storage technologies become commer-
14 cially viable.
15 (2) MEMORANDUM OF UNDERSTANDING.—Not
16 later than 200 days after the date of enactment of
17 this Act, the Director shall enter into a memo-
18 randum of understanding with the Director of
19 ARPA–E to administer the Joint Program.
20 (3) INFRASTRUCTURE.—In carrying out the
21 Joint Program, the Director and the Director of
22 ARPA–E shall—
23 (A) use existing test-bed infrastructure
24 at—
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1 (i) installations of the Department of
2 Defense; and
3 (ii) facilities of the Department of En-
4 ergy; and
5 (B) develop new infrastructure for identi-
6 fied projects, if appropriate.
7 (4) GOALS AND METRICS.—The Director and
8 the Director of ARPA–E shall develop goals and
9 metrics for technological progress under the Joint
10 Program consistent with energy resilience and en-
11 ergy security policies.
12 (5) SELECTION OF PROJECTS.—
13 (A) IN GENERAL.—To the maximum ex-
14 tent practicable, in selecting projects to partici-
15 pate in the Joint Program, the Director and the
16 Director of ARPA–E shall—
17 (i) ensure that projects are carried
18 out under conditions that represent a vari-
19 ety of environments with different physical
20 conditions and market constraints; and
21 (ii) ensure an appropriate balance
22 of—
23 (I) larger, higher-cost projects;
24 and
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25 (II) smaller, lower-cost projects.
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1 (B) PRIORITY.—In carrying out the Joint
2 Program, the Director and the Director of
3 ARPA–E shall give priority to demonstration
4 projects that—
5 (i) make available to the public
6 project information that will accelerate de-
7 ployment of long-duration energy storage
8 technologies that promote energy resil-
9 iency; and
10 (ii) will be carried out in the field.
11 SEC. 319. PILOT PROGRAM ON ALTERNATIVE FUEL VEHI-
12 CLE PURCHASING.
13 (a) IN GENERAL.—The Secretary of Defense, in co-
14 ordination with the Secretary of Energy and the Adminis-
15 trator of the General Services Administration, shall carry
16 out a pilot program under which the Secretary of Defense
17 may, notwithstanding section 400AA of the Energy Policy
18 and Conservation Act (42 U.S.C. 6374), purchase new al-
19 ternative fuel vehicles for which the initial cost of such
20 vehicles exceeds the initial cost of a comparable gasoline
21 or diesel fueled vehicle by not more than 10 percent.
22 (b) LOCATIONS.—
23 (1) IN GENERAL.—The Secretary of Defense
24 shall carry out the pilot program under subsection
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25 (a) at not fewer than 2 facilities or installations of
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1 the Department of Defense in the continental United
2 States that—
3 (A) have the largest total number of at-
4 tached noncombat vehicles as compared to other
5 facilities or installations of the Department of
6 Defense; and
7 (B) are located within 20 miles of public or
8 private refueling or recharging stations.
9 (2) AIR FORCE LOGISTICS CENTER.—One of the
10 facilities or installations selected under paragraph
11 (1) shall be an Air Force Logistics Center.
12 (c) ALTERNATIVE FUEL VEHICLE DEFINED.—In
13 this section, the term ‘‘alternative fuel vehicle’’ includes
14 a vehicle that uses—
15 (1) fuels derived from renewable biomass, as
16 defined in section 211(o)(1)(I) of the Clean Air Act
17 (42 U.S.C. 7545(o)(1)(I));
18 (2) natural gas (including compressed and liq-
19 uefied natural gas); or
20 (3) propane.
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1 Subtitle C—Logistics and
2 Sustainment
3 SEC. 331. REPEAL OF STATUTORY REQUIREMENT FOR NO-
4 TIFICATION TO DIRECTOR OF DEFENSE LO-
5 GISTICS AGENCY THREE YEARS PRIOR TO IM-
6 PLEMENTING CHANGES TO ANY UNIFORM OR
7 UNIFORM COMPONENT.
8 Section 356 of the John S. McCain National Defense
9 Authorization Act for Fiscal Year 2019 (Public Law 115–
10 232; 10 U.S.C. 771 note prec.) is amended—
11 (1) by striking subsection (a);
12 (2) by redesignating subsections (b) and (c) as
13 subsections (a) and (b), respectively; and
14 (3) in subsections (a) and (b), as so redesig-
15 nated, by striking ‘‘Commander’’ each place it ap-
16 pears and inserting ‘‘Director’’.
17 SEC. 332. CLARIFICATION OF LIMITATION ON LENGTH OF
18 OVERSEAS FORWARD DEPLOYMENT OF CUR-
19 RENTLY DEPLOYED NAVAL VESSELS.
20 Section 323(b) of the John S. McCain National De-
21 fense Authorization Act for Fiscal Year 2019 (Public Law
22 115–232; 132 Stat. 1720; 10 U.S.C. 8690 note) is amend-
23 ed by striking ‘‘In the case of any naval vessel’’ and insert-
24 ing ‘‘In the case of any aircraft carrier, amphibious ship,
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25 cruiser, destroyer, frigate, or littoral combat ship’’.
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1 Subtitle D—Reports
2 SEC. 351. REPORT ON IMPACT OF PERMAFROST THAW ON
3 INFRASTRUCTURE, FACILITIES, AND OPER-
4 ATIONS OF THE DEPARTMENT OF DEFENSE.
5 (a) REPORT REQUIRED.—Not later than 180 days
6 after the date of the enactment of this Act, the Secretary
7 of Defense shall submit to the congressional defense com-
8 mittees a comprehensive report on the impact of perma-
9 frost thaw on the infrastructure, facilities, assets, and op-
10 erations of the Department of Defense.
11 (b) ELEMENTS.—The report required by subsection
12 (a) shall include the following:
13 (1) An identification of the infrastructure, fa-
14 cilities, and assets of the Department of Defense
15 that could be impacted by permafrost thaw.
16 (2) For each element of infrastructure and each
17 facility and asset identified pursuant to paragraph
18 (1)—
19 (A) an assessment of the threat posed by
20 permafrost thaw; and
21 (B) an estimate of potential damage in the
22 event of likely permafrost thaw.
23 (3) A description of the threats and impacts
24 posed by permafrost thaw to military and other na-
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1 (c) CONSULTATION.—In preparing the report under
2 subsection (a), the Secretary may consult with other Fed-
3 eral agencies, agencies of State and local governments,
4 and academic institutions with expertise or experience in
5 the effects of permafrost thaw on infrastructure, facilities,
6 and operations.
7 (d) ASSET DEFINED.—In this section, the term
8 ‘‘asset’’ means the following:
9 (1) Any aircraft, weapon system, vehicle, equip-
10 ment, or gear of the Department of Defense or the
11 Armed Forces.
12 (2) Any other item of the Department or the
13 Armed Forces that the Secretary considers appro-
14 priate for purposes of this section.
15 SEC. 352. PLANS AND REPORTS ON EMERGENCY RESPONSE
16 TRAINING FOR MILITARY INSTALLATIONS.
17 (a) PLANS.—
18 (1) IN GENERAL.—Not later than 90 days after
19 the date of the enactment of this Act, the Secretary
20 of Defense shall ensure that each military installa-
21 tion under the jurisdiction of the Secretary that does
22 not conduct live emergency response training on an
23 annual basis or more frequently with the civilian law
24 enforcement and emergency response agencies re-
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1 sponsible for responding to an emergency at the in-
2 stallation develops a plan to conduct such training.
3 (2) ELEMENTS.—Each plan developed under
4 paragraph (1) with respect to an installation—
5 (A) shall include—
6 (i) the cost of implementing training
7 described in paragraph (1) at the installa-
8 tion;
9 (ii) a description of any obstacles to
10 the implementation of such training; and
11 (iii) recommendations for mitigating
12 any such obstacles; and
13 (B) shall be designed to ensure that the ci-
14 vilian law enforcement and emergency response
15 agencies described in paragraph (1) are familiar
16 with—
17 (i) the physical features of the instal-
18 lation, including gates, buildings, armories,
19 headquarters, command and control cen-
20 ters, and medical facilities; and
21 (ii) the emergency response personnel
22 and procedures of the installation.
23 (3) SUBMITTAL OF PLANS.—
24 (A) SUBMITTAL TO SECRETARY.—Not
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1 ment of this Act, the commander of each mili-
2 tary installation required to develop a plan
3 under paragraph (1) shall submit such plan to
4 the Secretary of Defense.
5 (B) SUBMITTAL TO CONGRESS.—Not later
6 than 180 days after the date of the enactment
7 of this Act, the Secretary shall submit to the
8 Committees on Armed Services of the Senate
9 and the House of Representatives a summary of
10 the plans submitted to the Secretary under sub-
11 paragraph (A).
12 (b) REPORTS ON TRAINING CONDUCTED.—
13 (1) LIST OF INSTALLATIONS.—Not later than
14 March 1, 2021, the Secretary shall submit to the
15 Committees on Armed Services of the Senate and
16 the House of Representatives a list of all military in-
17 stallations under the jurisdiction of the Secretary
18 that conduct live emergency response training on an
19 annual basis or more frequently with the civilian law
20 enforcement and emergency response agencies re-
21 sponsible for responding to an emergency at the in-
22 stallation.
23 (2) ANNUAL REPORTS.—
24 (A) IN GENERAL.—Not later than one year
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25 after the date of the enactment of this Act, and
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1 annually thereafter, the commander of each
2 military installation under the jurisdiction of
3 the Secretary shall submit to the Secretary a
4 report on each live emergency response training
5 conducted during the year covered by the report
6 with the civilian law enforcement and emer-
7 gency response agencies responsible for re-
8 sponding to an emergency at the installation.
9 (B) ELEMENTS.—Each report submitted
10 under subparagraph (A) shall include, with re-
11 spect to each training exercise, the following:
12 (i) The date and duration of the exer-
13 cise.
14 (ii) A detailed description of the exer-
15 cise.
16 (iii) An identification of all military
17 and civilian personnel who participated in
18 the exercise.
19 (iv) Any recommendations resulting
20 from the exercise.
21 (v) The actions taken, if any, to im-
22 plement such recommendations.
23 (C) INCLUSION IN ANNUAL BUDGET SUB-
24 MISSION.—
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1 (i) IN GENERAL.—The Secretary shall
2 include in the budget submitted to Con-
3 gress by the President pursuant to section
4 1105(a) of title 31, United States Code, a
5 summary of any report submitted to the
6 Secretary under subparagraph (A) during
7 the one-year period preceding the sub-
8 mittal of the budget.
9 (ii) CLASSIFIED FORM.—The sum-
10 mary submitted under clause (i) may be
11 submitted in classified form.
12 (D) SUNSET.—The requirement to submit
13 annual reports under subparagraph (A) shall
14 terminate upon the submittal of the budget de-
15 scribed in subparagraph (C)(i) for fiscal year
16 2024.
17 SEC. 353. REPORT ON IMPLEMENTATION BY DEPARTMENT
18 OF DEFENSE OF REQUIREMENTS RELATING
19 TO RENEWABLE FUEL PUMPS.
20 (a) IN GENERAL.—Not later than 90 days after the
21 date of the enactment of this Act, the Secretary of Defense
22 shall submit to Congress a report on the implementation
23 by the Department of Defense of the requirements under
24 section 246(a) of the Energy Independence and Security
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25 Act of 2007 (42 U.S.C. 17053(a)).
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1 (b) ELEMENTS.—The report required by subsection
2 (a) shall include the following:
3 (1) An estimate of the cost to the Department
4 of fully implementing the requirements under section
5 246(a) of the Energy Independence and Security Act
6 of 2007; and
7 (2) An assessment of any problems or issues
8 the Department is having in complying with the re-
9 quirements under such section.
10 (c) EXCEPTION.—The report required by subsection
11 (a) shall not apply to a fueling center of the Department
12 with a fuel turnover rate of less than 100,000 gallons of
13 fuel per year.
14 SEC. 354. REPORT ON EFFECTS OF EXTREME WEATHER ON
15 DEPARTMENT OF DEFENSE.
16 (a) IN GENERAL.—Not later than 180 days after the
17 date of the enactment of this Act, the Secretary of Defense
18 shall submit to the congressional defense committees a re-
19 port on vulnerabilities to military installations and com-
20 batant commander requirements resulting from extreme
21 weather that builds upon the report submitted under sec-
22 tion 335(c) of the National Defense Authorization Act for
23 Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1358).
24 (b) ELEMENTS.—The report required by subsection
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25 (a) shall include the following:
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1 (1) An explanation of the underlying method-
2 ology that the Department uses to assess the effects
3 of extreme weather in the report, including through
4 the use of a climate vulnerability and risk assess-
5 ment tool as directed under section 326 of the Na-
6 tional Defense Authorization Act for Fiscal Year
7 2020 (Public Law 116–92).
8 (2) An assessment of how extreme weather af-
9 fects low-lying military installations, military instal-
10 lations of the Navy and the Marine Corps, and mili-
11 tary installations outside the United States.
12 (3) An assessment of how extreme weather af-
13 fects access of members of the Armed Forces to
14 training ranges.
15 (4) With respect to a military installation in a
16 country outside the United States, an assessment of
17 the collaboration between the Department of De-
18 fense and the military or civilian agencies of the gov-
19 ernment of that country or nongovernmental organi-
20 zations operating in that country to adapt to risks
21 from extreme weather.
22 (5) An assessment of how extreme weather af-
23 fects housing safety and food security on military in-
24 stallations.
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1 (6) An assessment of the strategic benefits de-
2 rived from isolating infrastructure of the Depart-
3 ment of Defense in the United States from the na-
4 tional electric grid and the use of energy-efficient,
5 distributed, and smart power grids by the Armed
6 Forces in the United States and overseas to ensure
7 affordable access to electricity.
8 (7) A list of ten military installation resilience
9 projects conducted within each military department.
10 (8) An overview of mitigations, in addition to
11 current efforts undertaken by the Department, that
12 may be necessary to ensure the continued oper-
13 ational viability and to increase the resilience of mili-
14 tary installations, and the estimated costs of those
15 mitigations.
16 (c) CONSULTATION.—In developing the report re-
17 quired by subsection (a), the Secretary of Defense shall
18 consult with the Administrator of the Environmental Pro-
19 tection Agency, the Secretary of Energy, the Adminis-
20 trator of the National Oceanic and Atmospheric Adminis-
21 tration, the Administrator of the Federal Emergency Man-
22 agement Agency, the Commander of the Army Corps of
23 Engineers, the Administrator of the National Aeronautics
24 and Space Administration, a federally funded research and
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1 Federal agencies as the Secretary of Defense determines
2 appropriate.
3 (d) FORM OF REPORT.—The report required by sub-
4 section (a) shall be submitted in unclassified form but may
5 contain a classified annex if necessary.
6 (e) PUBLICATION.—Upon submittal of the report re-
7 quired by subsection (a), the Secretary of Defense shall
8 publish the unclassified portion of the report on an Inter-
9 net website of the Department of Defense that is available
10 to the public.
11 (f) DEFINITIONS.—In this section:
12 (1) EXTREME WEATHER.—The term ‘‘extreme
13 weather’’ means recurrent flooding, drought,
14 desertification, wildfires, and thawing permafrost.
15 (2) UNITED STATES.—The term ‘‘United
16 States’’ means the several States, the District of Co-
17 lumbia, and any territory or possession of the
18 United States.
19 Subtitle E—Other Matters
20 SEC. 371. PROHIBITION ON DIVESTITURE OF MANNED IN-
21 TELLIGENCE, SURVEILLANCE, AND RECON-
22 NAISSANCE AIRCRAFT OPERATED BY UNITED
23 STATES SPECIAL OPERATIONS COMMAND.
24 No funds authorized to be appropriated by this Act
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1 lance, and reconnaissance aircraft operated by the United
2 States Special Operations Command, and the Department
3 of Defense may not divest any manned intelligence, sur-
4 veillance, and reconnaissance aircraft operated by the
5 United States Special Operations Command in fiscal year
6 2021.
7 SEC. 372. INFORMATION ON OVERSEAS CONSTRUCTION
8 PROJECTS IN SUPPORT OF CONTINGENCY
9 OPERATIONS USING FUNDS FOR OPERATION
10 AND MAINTENANCE.
11 (a) ANNUAL BUDGET JUSTIFICATION DISPLAY.—
12 Section 2805(c) of title 10, United States Code, is amend-
13 ed—
14 (1) by striking ‘‘The Secretary concerned’’ and
15 inserting ‘‘(1) The Secretary concerned’’; and
16 (2) by adding at the end the following new
17 paragraphs:
18 ‘‘(2) The Secretary of each military department, the
19 Director of each Defense Agency, and the head of any
20 other relevant component of the Department of Defense
21 shall track and report to the Under Secretary of Defense
22 (Comptroller) relevant data regarding all overseas con-
23 struction projects funded with amounts appropriated or
24 otherwise made available for operation and maintenance
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25 in support of contingency operations.
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1 ‘‘(3)(A) The Secretary of Defense shall prepare, for
2 inclusion in the annual budget submission by the Presi-
3 dent to Congress under section 1105 of title 31, a consoli-
4 dated budget justification display, in classified and unclas-
5 sified form, that identifies all overseas construction
6 projects funded with amounts appropriated or otherwise
7 made available for operation and maintenance in support
8 of contingency operations.
9 ‘‘(B) The display prepared under subparagraph (A)
10 shall include a list of all construction projects described
11 in such subparagraph that were completed in the prior fis-
12 cal year, that are ongoing, or that are expected for the
13 next five fiscal years, and shall identify for each project—
14 ‘‘(i) the component of the Department of De-
15 fense involved in the project;
16 ‘‘(ii) the location of the project;
17 ‘‘(iii) a brief description of the purpose of the
18 project; and
19 ‘‘(iv) the actual or estimated cost of the
20 project.’’.
21 (b) REPORT ON CONSTRUCTION PROJECTS IN SUP-
22 PORT OF CONTINGENCY OPERATIONS.—
23 (1) IN GENERAL.—Not later than March 1,
24 2021, the Secretary of Defense shall submit to the
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1 to improve the development, funding, and execution
2 of construction projects in support of overseas con-
3 tingency operations, including those funded with
4 amounts appropriated or otherwise made available
5 for operation and maintenance and those funded
6 with amounts appropriated or otherwise made avail-
7 able for military construction.
8 (2) ELEMENTS.—The report required by para-
9 graph (1) shall include, at a minimum, the following:
10 (A) An examination and comparison of the
11 time required to plan, approve, and execute con-
12 struction projects funded with operation and
13 maintenance amounts versus those funded with
14 military construction amounts, in support of
15 contingency operations, including construction
16 projects in support of recent operations in Af-
17 ghanistan, Iraq, Syria, and Eastern Europe.
18 (B) A description of any challenges associ-
19 ated with the processes of the Department of
20 Defense for planning, approving, and executing
21 such projects.
22 (C) A description of any ongoing or
23 planned efforts to improve such processes to
24 promote efficiency and expediency in the devel-
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1 (D) Any recommendations with respect to
2 improving such processes, including those from
3 the commanders of the combatant commands
4 and the Secretaries of the military departments.
5 SEC. 373. PROVISION OF PROTECTION TO THE NATIONAL
6 MUSEUM OF THE MARINE CORPS, THE NA-
7 TIONAL MUSEUM OF THE UNITED STATES
8 ARMY, THE NATIONAL MUSEUM OF THE
9 UNITED STATES NAVY, AND THE NATIONAL
10 MUSEUM OF THE UNITED STATES AIR FORCE.
11 Section 2465(b) of title 10, United States Code, is
12 amended by adding at the end the following new para-
13 graph:
14 ‘‘(5) A contract for the performance of on-site
15 armed security guard functions to be performed—
16 ‘‘(A) at the Marine Corps Heritage Center
17 at Marine Corps Base Quantico, Virginia, in-
18 cluding the National Museum of the Marine
19 Corps;
20 ‘‘(B) at the Heritage Center for the Na-
21 tional Museum of the United States Army at
22 Fort Belvoir, Virginia;
23 ‘‘(C) at the Heritage Center for the Na-
24 tional Museum of the United States Navy at
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1 ‘‘(D) at the Heritage Center for the Na-
2 tional Museum of the United States Air Force
3 at Wright-Patterson Air Force Base, Ohio.’’.
4 SEC. 374. INAPPLICABILITY OF CONGRESSIONAL NOTIFICA-
5 TION AND DOLLAR LIMITATION REQUIRE-
6 MENTS FOR ADVANCE BILLINGS FOR CER-
7 TAIN BACKGROUND INVESTIGATIONS.
8 Section 2208(l) of title 10, United States Code, is
9 amended—
10 (1) by redesignating paragraph (4) as para-
11 graph (5); and
12 (2) by inserting after paragraph (3) the fol-
13 lowing new paragraph (4):
14 ‘‘(4) This subsection shall not apply to advance bill-
15 ing for background investigation and related services per-
16 formed by the Defense Counterintelligence and Security
17 Agency.’’.
18 SEC. 375. REPEAL OF SUNSET FOR MINIMUM ANNUAL PUR-
19 CHASE AMOUNT FOR CARRIERS PARTICI-
20 PATING IN THE CIVIL RESERVE AIR FLEET.
21 Section 9515 of title 10, United States Code, is
22 amended by striking subsection (k).
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1 SEC. 376. IMPROVEMENT OF THE OPERATIONAL ENERGY
2 CAPABILITY IMPROVEMENT FUND OF THE
3 DEPARTMENT OF DEFENSE.
4 (a) MANAGEMENT OF THE OPERATIONAL ENERGY
5 CAPABILITY IMPROVEMENT FUND.—The Assistant Sec-
6 retary of Defense for Sustainment shall exercise authority,
7 direction, and control over the Operational Energy Capa-
8 bility Improvement Fund of the Department of Defense
9 (in this section referred to as the ‘‘OECIF’’).
10 (b) ALIGNMENT AND COORDINATION WITH RELATED
11 PROGRAMS.—
12 (1) REALIGNMENT OF OECIF.—Not later than
13 60 days after the date of the enactment of this Act,
14 the Secretary of Defense shall realign the OECIF
15 under the Assistant Secretary of Defense for
16 Sustainment, with such realignment to include per-
17 sonnel positions adequate for the mission of the
18 OECIF.
19 (2) BETTER COORDINATION WITH RELATED
20 PROGRAMS.—The Assistant Secretary shall ensure
21 that the placement under the authority of the Assist-
22 ant Secretary of the OECIF along with the Strategic
23 Environmental Research Program, the Environ-
24 mental Security Technology Certification Program,
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25 and the Operational Energy Prototyping Program is
26 utilized to advance common goals of the Depart-
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1 ment, promote organizational synergies, and avoid
2 unnecessary duplication of effort.
3 (c) PROGRAM FOR OPERATIONAL ENERGY PROTO-
4 TYPING.—
5 (1) IN GENERAL.—Commencing not later than
6 90 days after the date of the enactment of this Act,
7 the Secretary of Defense, through the Assistant Sec-
8 retary of Defense for Sustainment, shall carry out a
9 program for the demonstration of technologies re-
10 lated to operational energy prototyping, including
11 demonstration of operational energy technology and
12 validation prototyping.
13 (2) OPERATION OF PROGRAM.—The Secretary
14 shall ensure that the program under paragraph (1)
15 operates in conjunction with the OECIF to promote
16 the transfer of innovative technologies that have suc-
17 cessfully established proof of concept for use in pro-
18 duction or in the field.
19 (3) PROGRAM ELEMENTS.—In carrying out the
20 program under paragraph (1) the Secretary shall—
21 (A) identify and demonstrate the most
22 promising, innovative, and cost-effective tech-
23 nologies and methods that address high-priority
24 operational energy requirements of the Depart-
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1 (B) in conducting demonstrations under
2 subparagraph (A), the Secretary shall—
3 (i) collect cost and performance data
4 to overcome barriers against employing an
5 innovative technology because of concerns
6 regarding technical or programmatic risk;
7 and
8 (ii) ensure that components of the De-
9 partment have time to establish new re-
10 quirements where necessary and plan, pro-
11 gram, and budget for technology transition
12 to programs of record;
13 (C) utilize project structures similar to
14 those of the OECIF to ensure transparency and
15 accountability throughout the efforts conducted
16 under the program; and
17 (D) give priority, in conjunction with the
18 OECIF, to the development and fielding of
19 clean technologies that reduce reliance on fossil
20 fuels.
21 (4) TOOL FOR ACCOUNTABILITY AND TRANSI-
22 TION.—
23 (A) IN GENERAL.—In carrying out the
24 program under paragraph (1) the Secretary
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1 investments in operational energy from applied
2 research to transition to use to ensure user or-
3 ganizations have the full picture of technology
4 maturation and development.
5 (B) TRANSITION.—The tool developed and
6 utilized under subparagraph (A) shall be de-
7 signed to overcome transition challenges with
8 rigorous and well-documented demonstrations
9 that provide the information needed by all
10 stakeholders for acceptance of the technology.
11 (5) LOCATIONS.—
12 (A) IN GENERAL.—The Secretary shall
13 carry out the testing and evaluation phase of
14 the program under paragraph (1) at installa-
15 tions of the Department of Defense or in con-
16 junction with exercises conducted by the Joint
17 Staff, a combatant command, or a military de-
18 partment.
19 (B) FORMAL DEMONSTRATIONS.—The Sec-
20 retary shall carry out any formal demonstra-
21 tions under the program under paragraph (1)
22 at installations of the Department or in oper-
23 ational settings to document and validate im-
24 proved warfighting performance and cost sav-
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1 SEC. 377. COMMISSION ON THE NAMING OF ITEMS OF THE
2 DEPARTMENT OF DEFENSE THAT COMMEMO-
3 RATE THE CONFEDERATE STATES OF AMER-
4 ICA OR ANY PERSON WHO SERVED VOLUN-
5 TARILY WITH THE CONFEDERATE STATES OF
6 AMERICA.
7 (a) REMOVAL.—Not later than three years after the
8 date of the enactment of this Act, the Secretary of Defense
9 shall implement the plan submitted by the commission de-
10 scribed in paragraph (b) and remove all names, symbols,
11 displays, monuments, and paraphernalia that honor or
12 commemorate the Confederate States of America (com-
13 monly referred to as the ‘‘Confederacy’’) or any person
14 who served voluntarily with the Confederate States of
15 America from all assets of the Department of Defense.
16 (b) IN GENERAL.—The Secretary of Defense shall es-
17 tablish a commission relating to assigning, modifying, or
18 removing of names, symbols, displays, monuments, and
19 paraphernalia to assets of the Department of Defense that
20 commemorate the Confederate States of America or any
21 person who served voluntarily with the Confederate States
22 of America.
23 (c) DUTIES.—The Commission shall—
24 (1) assess the cost of renaming or removing
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26 phernalia that commemorate the Confederate States
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1 of America or any person who served voluntarily
2 with the Confederate States of America;
3 (2) develop procedures and criteria to assess
4 whether an existing name, symbol, monument, dis-
5 play, or paraphernalia commemorates the Confed-
6 erate States of America or person who served volun-
7 tarily with the Confederate States of America;
8 (3) recommend procedures for renaming assets
9 of the Department of Defense to prevent commemo-
10 ration of the Confederate States of America or any
11 person who served voluntarily with the Confederate
12 States of America;
13 (4) develop a plan to remove names, symbols,
14 displays, monuments, or paraphernalia that com-
15 memorate the Confederate States of America or any
16 person who served voluntarily with the Confederate
17 States of America from assets of the Department of
18 Defense, within the timeline established by this Act;
19 and
20 (5) include in the plan procedures and criteria
21 for collecting and incorporating local sensitivities as-
22 sociated with naming or renaming of assets of the
23 Department of Defense.
24 (d) MEMBERSHIP.—The Commission shall be com-
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25 posed of eight members, of whom—
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1 (1) four shall be appointed by the Secretary of
2 Defense;
3 (2) one shall be appointed by the Chairman of
4 the Committee on Armed Services of the Senate;
5 (3) one shall be appointed by the Ranking
6 Member of the Committee on Armed Services of the
7 Senate;
8 (4) one shall be appointed by the Chairman of
9 the Committee on Armed Services of the House of
10 Representatives; and
11 (5) one shall be appointed by the Ranking
12 Member of the Committee on Armed Services of the
13 House of Representatives.
14 (e) APPOINTMENT.—Members of the Commission
15 shall be appointed not later than 45 days after the date
16 of the enactment of this Act.
17 (f) INITIAL MEETING.—The Commission shall hold
18 its initial meeting on the date that is 60 days after the
19 enactment of this Act.
20 (g) BRIEFINGS AND REPORTS.—Not later than Octo-
21 ber 1, 2021, the Commission shall brief the Committees
22 on Armed Services of the Senate and House of Represent-
23 atives detailing the progress of the requirements under
24 subsection (c). Not later than October 1, 2022, and not
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25 later than 90 days before the implementation of the plan
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1 in subsection (c)(4), the Commission shall present a brief-
2 ing and written report detailing the results of the require-
3 ments under subsection (c), including:
4 (1) A list of assets to be removed or renamed.
5 (2) Costs associated with the removal or renam-
6 ing of assets in subsection (g)(1).
7 (3) Criteria and requirements used to nominate
8 and rename assets in subsection (g)(1).
9 (4) Methods of collecting and incorporating
10 local sensitivities associated with the removal or re-
11 naming of assets in subsection (g)(1).
12 (h) FUNDING.—
13 (1) AUTHORIZATION OF APPROPRIATIONS.—
14 There is authorized to be appropriated $2,000,000
15 to carry out this section.
16 (2) OFFSET.—The amount authorized to be ap-
17 propriated by the Act for fiscal year 2021 for Oper-
18 ations and Maintenance, Army, sub activity group
19 434 - other personnel support is hereby reduced by
20 $2,000,000.
21 (i) ASSETS DEFINED.—In this section, the term ‘‘as-
22 sets’’ includes any base, installation, street, building, facil-
23 ity, aircraft, ship, plane, weapon, equipment, or any other
24 property owned or controlled by the Department of De-
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1 (j) EXEMPTION FOR GRAVE MARKERS.—Shall not
2 cover monuments but shall exempt grave markers. Con-
3 gress expects the commission to further define what con-
4 stitutes a grave marker.
5 SEC. 378. MODIFICATIONS TO REVIEW OF PROPOSED AC-
6 TIONS BY MILITARY AVIATION AND INSTAL-
7 LATION ASSURANCE CLEARINGHOUSE.
8 Section 183a(c)(2) of title 10, United States Code,
9 is amended—
10 (1) by striking ‘‘If the Clearinghouse’’ and in-
11 serting ‘‘(A) If the Clearinghouse’’; and
12 (2) by adding at the end the following new sub-
13 paragraphs:
14 ‘‘(B) After the Clearinghouse issues a notice
15 under subparagraph (A) with respect to an energy
16 project, the parties should seek to identify feasible
17 and affordable actions that can be taken by the De-
18 partment, the developer of such energy project, or
19 others to mitigate any adverse impact on military
20 operations and readiness.
21 ‘‘(C) If the Secretary determines within a rea-
22 sonable period of time after the issuance of a notice
23 under subparagraph (A) with respect to an energy
24 project that the concerns identified in the prelimi-
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25 nary review conducted under paragraph (1) with re-
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1 spect to such project have been mitigated to the ex-
2 tent that such project does not pose an unacceptable
3 level of risk to military operations and readiness, the
4 Clearinghouse shall timely issue a mission compat-
5 ibility letter to the applicant of such project, the gov-
6 ernor of the State in which such project is located,
7 and the Secretary of the finding of the Clearing-
8 house.’’.
9 SEC. 379. ADJUSTMENT IN AVAILABILITY OF APPROPRIA-
10 TIONS FOR UNUSUAL COST OVERRUNS AND
11 FOR CHANGES IN SCOPE OF WORK.
12 Section 8683 of title 10, United States Code, is
13 amended by adding at the end the following new sub-
14 section:
15 ‘‘(c) TREATMENT OF AMOUNTS APPROPRIATED
16 AFTER END OF PERIOD OF OBLIGATION.—In the applica-
17 tion of section 1553(c) of title 31 to funds appropriated
18 in the Operation and Maintenance, Navy account that are
19 available for ship overhaul, the Secretary of the Navy—
20 ‘‘(1) may treat the limitation specified in para-
21 graph (1) of such section to be ‘$10,000,000’ rather
22 than ‘$4,000,000’; and
23 ‘‘(2) may treat the limitation specified in para-
24 graph (2) of such section to be ‘$30,000,000’ rather
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1 SEC. 380. REQUIREMENT THAT SECRETARY OF DEFENSE
2 IMPLEMENT SECURITY AND EMERGENCY RE-
3 SPONSE RECOMMENDATIONS RELATING TO
4 ACTIVE SHOOTER OR TERRORIST ATTACKS
5 ON INSTALLATIONS OF DEPARTMENT OF DE-
6 FENSE.
7 (a) REQUIREMENT.—Not later than 90 days after the
8 date of the enactment of this Act, the Secretary of Defense
9 shall implement the applicable security and emergency re-
10 sponse recommendations relating to active shooter or ter-
11 rorist attacks on installations of the Department of De-
12 fense made in the following reports:
13 (1) The report by the Government Account-
14 ability Office dated July 2015 entitled, ‘‘Insider
15 Threats: DOD Should Improve Information Sharing
16 and Oversight to Protect U.S. Installations’’ (GAO-
17 15-543).
18 (2) The report prepared by the Department of
19 the Navy relating to the Washington Navy Yard
20 shooting in 2013.
21 (3) The report by the Department of the Army
22 dated August 2010 entitled ‘‘Fort Hood, Army In-
23 ternal Review Team: Final Report’’.
24 (4) The independent review by the Department
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25 of Defense dated January 2010 entitled ‘‘Protecting
26 the Force: Lessons from Fort Hood’’.
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1 (5) The report by the Department of the Air
2 Force dated October 2010 entitled ‘‘Air Force Fol-
3 low-On Review: Protecting the Force: Lessons from
4 Fort Hood’’.
5 (b) NOTIFICATION OF INAPPLICABLE RECOMMENDA-
6 TIONS.—
7 (1) IN GENERAL.—If the Secretary determines
8 that a recommendation described in subsection (a) is
9 outdated, is no longer applicable, or has been super-
10 seded by more recent separate guidance or rec-
11 ommendations set forth by the Government Account-
12 ability Office, the Department of Defense, or an-
13 other entity in related contracted review, the Sec-
14 retary shall notify the Committees on Armed Serv-
15 ices of the Senate and the House of Representatives
16 not later than 45 days after the date of the enact-
17 ment of this Act.
18 (2) IDENTIFICATION AND JUSTIFICATION.—The
19 notification under paragraph (1) shall include an
20 identification, set forth by report specified in sub-
21 section (a), of each recommendation that the Sec-
22 retary determines should not be implemented, with
23 a justification for each such determination.
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1 SEC. 381. CLARIFICATION OF FOOD INGREDIENT REQUIRE-
2 MENTS FOR FOOD OR BEVERAGES PROVIDED
3 BY THE DEPARTMENT OF DEFENSE.
4 (a) IN GENERAL.—Before making any final rule,
5 statement, or determination regarding the limitation or
6 prohibition of any food or beverage ingredient in military
7 food service, military medical foods, commissary food, or
8 commissary food service, the Secretary of Defense shall
9 publish in the Federal Register a notice of a preliminary
10 rule, statement, or determination (in this section referred
11 to as a ‘‘proposed action’’) and provide opportunity for
12 public comment.
13 (b) MATTERS TO BE INCLUDED.—The Secretary
14 shall include in any notice published under subsection (a)
15 the following:
16 (1) The date of the notice.
17 (2) Contact information for the appropriate of-
18 fice at the Department of Defense.
19 (3) A summary of the notice.
20 (4) A date for comments to be submitted and
21 specific methods for submitting comments.
22 (5) A description of the substance of the pro-
23 posed action.
24 (6) Findings and a statement of reasons sup-
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1 TITLE IV—MILITARY
2 PERSONNEL AUTHORIZATIONS
3 Subtitle A—Active Forces
4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
5 The Armed Forces are authorized strengths for active
6 duty personnel as of September 30, 2021, as follows:
7 (1) The Army, 485,000.
8 (2) The Navy, 346,730.
9 (3) The Marine Corps, 180,000.
10 (4) The Air Force, 333,475.
11 SEC. 402. END STRENGTH LEVEL MATTERS.
12 (a) STRENGTH LEVELS TO SUPPORT TWO MAJOR
13 REGIONAL CONTINGENCIES.—
14 (1) IN GENERAL.—Section 691 of title 10,
15 United States Code, is repealed.
16 (2) TABLE OF SECTIONS.—The table of sections
17 at the beginning of chapter 39 of such title is
18 amended by striking the item relating to section
19 691.
20 (b) CERTAIN ACTIVE-DUTY AND SELECTED RESERVE
21 STRENGTHS.—Section 115 of such title is amended—
22 (1) in subsection (f)(1), by striking ‘‘increase’’
23 and inserting ‘‘vary’’; and
24 (2) in subsection (g)(1)(A), by striking ‘‘in-
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1 Subtitle B—Reserve Forces
2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
3 (a) IN GENERAL.—The Armed Forces are authorized
4 strengths for Selected Reserve personnel of the reserve
5 components as of September 30, 2021, as follows:
6 (1) The Army National Guard of the United
7 States, 336,500.
8 (2) The Army Reserve, 189,800.
9 (3) The Navy Reserve, 58,800.
10 (4) The Marine Corps Reserve, 38,500.
11 (5) The Air National Guard of the United
12 States, 108,100.
13 (6) The Air Force Reserve, 70,300.
14 (7) The Coast Guard Reserve, 7,000.
15 (b) END STRENGTH REDUCTIONS.—The end
16 strengths prescribed by subsection (a) for the Selected Re-
17 serve of any reserve component shall be proportionately
18 reduced by—
19 (1) the total authorized strength of units orga-
20 nized to serve as units of the Selected Reserve of
21 such component which are on active duty (other
22 than for training) at the end of the fiscal year; and
23 (2) the total number of individual members not
24 in units organized to serve as units of the Selected
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1 (other than for training or for unsatisfactory partici-
2 pation in training) without their consent at the end
3 of the fiscal year.
4 (c) END STRENGTH INCREASES.—Whenever units or
5 individual members of the Selected Reserve of any reserve
6 component are released from active duty during any fiscal
7 year, the end strength prescribed for such fiscal year for
8 the Selected Reserve of such reserve component shall be
9 increased proportionately by the total authorized strengths
10 of such units and by the total number of such individual
11 members.
12 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
13 DUTY IN SUPPORT OF THE RESERVES.
14 Within the end strengths prescribed in section
15 411(a), the reserve components of the Armed Forces are
16 authorized, as of September 30, 2021, the following num-
17 ber of Reserves to be serving on full-time active duty or
18 full-time duty, in the case of members of the National
19 Guard, for the purpose of organizing, administering, re-
20 cruiting, instructing, or training the reserve components:
21 (1) The Army National Guard of the United
22 States, 30,595.
23 (2) The Army Reserve, 16,511.
24 (3) The Navy Reserve, 10,215.
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25 (4) The Marine Corps Reserve, 2,386.
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1 (5) The Air National Guard of the United
2 States, 25,333.
3 (6) The Air Force Reserve, 5,256.
4 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
5 (DUAL STATUS).
6 (a) IN GENERAL.—The authorized number of mili-
7 tary technicians (dual status) as of the last day of fiscal
8 year 2021 for the reserve components of the Army and
9 the Air Force (notwithstanding section 129 of title 10,
10 United States Code) shall be the following:
11 (1) For the Army National Guard of the United
12 States, 22,294.
13 (2) For the Army Reserve, 6,492.
14 (3) For the Air National Guard of the United
15 States, 10,994.
16 (4) For the Air Force Reserve, 7,947.
17 (b) LIMITATION.—Under no circumstances may a
18 military technician (dual status) employed under the au-
19 thority of this section be coerced by a State into accepting
20 an offer of realignment or conversion to any other military
21 status, including as a member of the Active, Guard, and
22 Reserve program of a reserve component. If a military
23 technician (dual status) declines to participate in such re-
24 alignment or conversion, no further action will be taken
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1 SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
2 THORIZED TO BE ON ACTIVE DUTY FOR
3 OPERATIONAL SUPPORT.
4 During fiscal year 2021, the maximum number of
5 members of the reserve components of the Armed Forces
6 who may be serving at any time on full-time operational
7 support duty under section 115(b) of title 10, United
8 States Code, is the following:
9 (1) The Army National Guard of the United
10 States, 17,000.
11 (2) The Army Reserve, 13,000.
12 (3) The Navy Reserve, 6,200.
13 (4) The Marine Corps Reserve, 3,000.
14 (5) The Air National Guard of the United
15 States, 16,000.
16 (6) The Air Force Reserve, 14,000.
17 SEC. 415. SEPARATE AUTHORIZATION BY CONGRESS OF
18 MINIMUM END STRENGTHS FOR NON-TEM-
19 PORARY MILITARY TECHNICIANS (DUAL STA-
20 TUS) AND MAXIMUM END STRENGTHS FOR
21 TEMPORARY MILITARY TECHNICIANS (DUAL
22 STATUS).
23 (a) IN GENERAL.—Section 115(d) of title 10, United
24 States Code, is amended—
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25 (1) in the first sentence, by striking ‘‘the end
26 strength for military technicians (dual status)’’ and
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1 inserting ‘‘both the minimum end strength for non-
2 temporary military technicians (dual status) and the
3 maximum end strength for temporary military tech-
4 nicians (dual status)’’; and
5 (2) in the third sentence, by striking ‘‘the end
6 strength requested for military technicians (dual sta-
7 tus)’’ and inserting ‘‘the minimum end strength for
8 non-temporary military technicians (dual status),
9 and the maximum end strength for temporary mili-
10 tary technicians (dual status), requested’’.
11 (b) EFFECTIVE DATE.—The amendments made by
12 subsection (a) shall take effect on the day after the date
13 of the enactment of this Act. The amendment made by
14 subsection (a)(2) shall apply with respect to budgets sub-
15 mitted by the President to Congress under section 1105
16 of title 31, United States Code, after such effective date.
17 Subtitle C—Authorization of
18 Appropriations
19 SEC. 421. MILITARY PERSONNEL.
20 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds
21 are hereby authorized to be appropriated for fiscal year
22 2021 for the use of the Armed Forces and other activities
23 and agencies of the Department of Defense for expenses,
24 not otherwise provided for, for military personnel, as spec-
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25 ified in the funding table in section 4401.
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1 (b) CONSTRUCTION OF AUTHORIZATION.—The au-
2 thorization of appropriations in subsection (a) supersedes
3 any other authorization of appropriations (definite or in-
4 definite) for such purpose for fiscal year 2021.
5 TITLE V—MILITARY PERSONNEL
6 POLICY
7 Subtitle A—Officer Personnel
8 Policy
9 SEC. 501. REPEAL OF CODIFIED SPECIFICATION OF AU-
10 THORIZED STRENGTHS OF CERTAIN COMMIS-
11 SIONED OFFICERS ON ACTIVE DUTY.
12 Effective as of October 1, 2021, the text of section
13 523 of title 10, United States Code, is amended to read
14 as follows:
15 ‘‘The total number of commissioned officers serving
16 on active duty in the Army, Air Force, or Marine Corps
17 in each of the grades of major, lieutenant colonel, or colo-
18 nel, or in the Navy in each of the grades of lieutenant
19 commander, commander, or captain, at the end of any fis-
20 cal year shall be as specifically authorized by Act of Con-
21 gress for such fiscal year.’’.
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1 SEC. 502. TEMPORARY EXPANSION OF AVAILABILITY OF
2 ENHANCED CONSTRUCTIVE SERVICE CREDIT
3 IN A PARTICULAR CAREER FIELD UPON
4 ORIGINAL APPOINTMENT AS A COMMIS-
5 SIONED OFFICER.
6 (a) REGULAR OFFICERS.—Subparagraph (D) of sec-
7 tion 533(b)(1) of title 10, United States Code, is amended
8 to read as follows:
9 ‘‘(D) Additional credit as follows:
10 ‘‘(i) For special training or experience in a
11 particular officer field as designated by the Sec-
12 retary concerned, if such training or experience
13 is directly related to the operational needs of
14 the armed force concerned.
15 ‘‘(ii) During fiscal years 2021 through
16 2025, for advanced education in an officer field
17 so designated, if such education is directly re-
18 lated to the operational needs of the armed
19 force concerned.’’.
20 (b) RESERVE OFFICERS.—Section 12207(b)(1) of
21 such title is amended—
22 (1) in the matter preceding subparagraph (A),
23 ‘‘or a designation in’’ and all that follows through
24 ‘‘education or training,’’ and inserting ‘‘and who has
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25 special training or experience, or advanced education
26 (if applicable),’’; and
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1 (2) by striking subparagraph (D) and inserting
2 the following new subparagraph:
3 ‘‘(D) Additional credit as follows:
4 ‘‘(i) For special training or experience in a
5 particular officer field as designated by the Sec-
6 retary concerned, if such training or experience
7 is directly related to the operational needs of
8 the armed force concerned.
9 ‘‘(ii) During fiscal years 2021 through
10 2025, for advanced education in an officer field
11 so designated, if such education is directly re-
12 lated to the operational needs of the armed
13 force concerned.’’.
14 (c) ANNUAL REPORT.—
15 (1) IN GENERAL.—Not later than February 1,
16 2022, and every four years thereafter, each Sec-
17 retary of a military department shall submit to the
18 Committees on Armed Services of the Senate and
19 the House of Representatives a report on the use of
20 the authorities in subparagraph (D) of section
21 553(b)(1) of title 10, United States Code (as amend-
22 ed by subsection (a)), and subparagraph (D) of sec-
23 tion 12207(b)(1) of such title (as amended by sub-
24 section (b)) (each referred to in this subsection as a
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1 fiscal year for the Armed Forces under the jurisdic-
2 tion of such Secretary.
3 (2) ELEMENTS.—Each report under paragraph
4 (1) shall include, for the fiscal year and Armed
5 Forces covered by such report, the following:
6 (A) The manner in which constructive
7 service credit was calculated under each con-
8 structive credit authority.
9 (B) The number of officers credited con-
10 structive service credit under each constructive
11 credit authority.
12 (C) A description and assessment of the
13 utility of the constructive credit authorities in
14 meeting the operational needs of the Armed
15 Force concerned.
16 (D) Such other matters in connection with
17 the constructive credit authorities as the Sec-
18 retary of the military department concerned
19 considers appropriate.
20 SEC. 503. REQUIREMENT FOR PROMOTION SELECTION
21 BOARD RECOMMENDATION OF HIGHER
22 PLACEMENT ON PROMOTION LIST OF OFFI-
23 CERS OF PARTICULAR MERIT.
24 (a) IN GENERAL.—Section 616(g) of title 10, United
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25 States Code, is amended—
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1 (1) in paragraph (1)—
2 (A) by striking ‘‘may’’ and inserting
3 ‘‘shall’’; and
4 (B) by inserting ‘‘, pursuant to guidelines
5 and procedures prescribed by the Secretary,’’
6 after ‘‘officers of particular merit’’; and
7 (2) in paragraph (3), by inserting ‘‘, pursuant
8 to guidelines and procedures prescribed by the Sec-
9 retary concerned,’’ after ‘‘shall recommend’’.
10 (b) EFFECTIVE DATE.—The amendments made by
11 subsection (a) shall take effect on the date of the enact-
12 ment of this Act, and shall apply with respect to officers
13 recommended for promotion by promotion selection boards
14 convened on or after that date.
15 SEC. 504. SPECIAL SELECTION REVIEW BOARDS FOR RE-
16 VIEW OF PROMOTION OF OFFICERS SUBJECT
17 TO ADVERSE INFORMATION IDENTIFIED
18 AFTER RECOMMENDATION FOR PROMOTION
19 AND RELATED MATTERS.
20 (a) REGULAR OFFICERS.—
21 (1) IN GENERAL.—Subchapter III of chapter
22 36 of title 10, United States Code, is amended by
23 inserting after section 628 the following new section:
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1 ‘‘§ 628a. Special selection review boards
2 ‘‘(a) IN GENERAL.—(1) If the Secretary of the mili-
3 tary department concerned determines that a person rec-
4 ommended by a promotion board for promotion to a grade
5 at or below the grade of major general, rear admiral in
6 the Navy, or an equivalent grade in the Space Force is
7 the subject of credible information of an adverse nature,
8 including any substantiated adverse finding or conclusion
9 described in section 615(a)(3)(A) of this title, that was
10 not furnished to the promotion board during its consider-
11 ation of the person for promotion as otherwise required
12 by such section, the Secretary shall convene a special se-
13 lection review board under this section to review the per-
14 son and recommend whether the recommendation for pro-
15 motion of the person should be sustained.
16 ‘‘(2) If a person and the recommendation for pro-
17 motion of the person is subject to review under this section
18 by a special selection review board convened under this
19 section, the name of the person—
20 ‘‘(A) shall not be disseminated or publicly re-
21 leased on the list of officers recommended for pro-
22 motion by the promotion board recommending the
23 promotion of the person; and
24 ‘‘(B) shall not be forwarded to the Secretary of
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1 or included on a promotion list under section 624(a)
2 of this title.
3 ‘‘(b) CONVENING.—(1) Any special selection review
4 board convened under this section shall be convened in ac-
5 cordance with the provisions of section 628(f) of this title.
6 ‘‘(2) Any special selection review board convened
7 under this section may review such number of persons,
8 and recommendations for promotion of such persons, as
9 the Secretary of the military department concerned shall
10 specify in convening such special selection review board.
11 ‘‘(c) INFORMATION CONSIDERED.—(1) In reviewing
12 a person and recommending whether the recommendation
13 for promotion of the person should be sustained under this
14 section, a special selection review board convened under
15 this section shall be furnished and consider the following:
16 ‘‘(A) The record and information concerning
17 the person furnished in accordance with section
18 615(a)(2) of this title to the promotion board that
19 recommended the person for promotion.
20 ‘‘(B) Any credible information of an adverse na-
21 ture on the person, including any substantiated ad-
22 verse finding or conclusion from an officially docu-
23 mented investigation or inquiry described in section
24 615(a)(3)(A) of this title.
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1 ‘‘(2) The furnishing of information to a special selec-
2 tion review board under paragraph (1)(B) shall be gov-
3 erned by the standards and procedures referred to in para-
4 graph (3)(C) of section 615(a) of this title applicable to
5 the furnishing of information described in paragraph
6 (3)(A) of such section to selection boards in accordance
7 with that section.
8 ‘‘(3)(A) Before information on a person described in
9 paragraph (1)(B) is furnished to a special selection review
10 board for purposes of this section, the Secretary of the
11 military department concerned shall ensure that—
12 ‘‘(i) such information is made available to the
13 person; and
14 ‘‘(ii) subject to subparagraphs (C) and (D), the
15 person is afforded a reasonable opportunity to sub-
16 mit comments on such information to the special se-
17 lection review board before its review of the person
18 and the recommendation for promotion of the person
19 under this section.
20 ‘‘(B) If information on a person described in para-
21 graph (1)(B) is not made available to the person as other-
22 wise required by subparagraph (A)(i) due to the classifica-
23 tion status of such information, the person shall, to the
24 maximum extent practicable, be furnished a summary of
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1 such information appropriate to the person’s authorization
2 for access to classified information.
3 ‘‘(C)(i) An opportunity to submit comments on infor-
4 mation is not required for a person under subparagraph
5 (A)(ii) if—
6 ‘‘(I) such information was made available to the
7 person in connection with the furnishing of such in-
8 formation under section 615(a) of this title to the
9 promotion board that recommended the promotion of
10 the person subject to review under this section; and
11 ‘‘(II) the person submitted comments on such
12 information to that promotion board.
13 ‘‘(ii) The comments on information of a person de-
14 scribed in clause (i)(II) shall be furnished to the special
15 selection review board.
16 ‘‘(D) A person may waive either or both of the fol-
17 lowing:
18 ‘‘(i) The right to submit comments to a special
19 selection review board under subparagraph (A)(ii).
20 ‘‘(ii) The furnishing of comments to a special
21 selection review board under subparagraph (C)(ii).
22 ‘‘(d) CONSIDERATION.—(1) In considering the record
23 and information on a person under this section, the special
24 selection review board shall compare such record and in-
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1 those officers of the same competitive category who were
2 recommended for promotion by the promotion board that
3 recommended the person for promotion, and an appro-
4 priate sampling of the records of those officers who were
5 considered by and not recommended for promotion by that
6 promotion board.
7 ‘‘(2) Records and information shall be presented to
8 a special selection review board for purposes of paragraph
9 (1) in a manner that does not indicate or disclose the per-
10 son or persons for whom the special selection review board
11 was convened.
12 ‘‘(3) In considering whether the recommendation for
13 promotion of a person should be sustained under this sec-
14 tion, a special selection review board shall, to the greatest
15 extent practicable, apply standards used by the promotion
16 board that recommended the person for promotion.
17 ‘‘(4) The recommendation for promotion of a person
18 may be sustained under this section only if the special se-
19 lection review board determines that the person—
20 ‘‘(A) ranks on an order of merit created by the
21 special selection review board as better qualified for
22 promotion than the sample officer highest on the
23 order of merit list who was considered by and not
24 recommended for promotion by the promotion board
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1 ‘‘(B) is comparable in qualification for pro-
2 motion to those sample officers who were rec-
3 ommended for promotion by that promotion board.
4 ‘‘(5) A recommendation for promotion of a person
5 may be sustained under this section only by a vote of a
6 majority of the members of the special selection review
7 board.
8 ‘‘(6) If a special selection review board does not sus-
9 tain a recommendation for promotion of a person under
10 this section, the person shall be considered to have failed
11 of selection for promotion.
12 ‘‘(e) REPORTS.—(1) Each special selection review
13 board convened under this section shall submit to the Sec-
14 retary of the military department concerned a written re-
15 port, signed by each member of the board, containing the
16 name of each person whose recommendation for promotion
17 it recommends for sustainment and certifying that the
18 board has carefully considered the record and information
19 of each person whose name was referred to it.
20 ‘‘(2) The provisions of sections 617(b) and 618 of
21 this title apply to the report and proceedings of a special
22 selection review board convened under this section in the
23 same manner as they apply to the report and proceedings
24 of a promotion board convened under section 611(a) of
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25 this title.
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1 ‘‘(f) APPOINTMENT OF PERSONS.—(1) If the report
2 of a special selection review board convened under this sec-
3 tion recommends the sustainment of the recommendation
4 for promotion to the next higher grade of a person whose
5 name was referred to it for review under this section, and
6 the President approves the report, the person shall, as
7 soon as practicable, be appointed to that grade in accord-
8 ance with subsections (b) and (c) of section 624 of this
9 title.
10 ‘‘(2) A person who is appointed to the next higher
11 grade as described in paragraph (1) shall, upon that ap-
12 pointment, have the same date of rank, the same effective
13 date for the pay and allowances of that grade, and the
14 same position on the active-duty list as the person would
15 have had pursuant to the original recommendation for
16 promotion of the promotion board concerned.
17 ‘‘(g) REGULATIONS.—(1) The Secretary of Defense
18 shall prescribe regulations to carry out this section. Such
19 regulations shall apply uniformly across the military de-
20 partments.
21 ‘‘(2) Any regulation prescribed by the Secretary of
22 a military department to supplement the regulations pre-
23 scribed pursuant to paragraph (1) may not take effect
24 without the approval of the Secretary of Defense, in writ-
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1 ‘‘(h) PROMOTION BOARD DEFINED.—In this section,
2 the term ‘promotion board ’means a selection board con-
3 vened by the Secretary of a military department under sec-
4 tion 611(a) of this title.’’.
5 (2) CLERICAL AMENDMENT.—The table of sec-
6 tions at the beginning of subchapter III of chapter
7 36 of such title is amended by inserting after the
8 item relating to section 628 the following new item:
‘‘628a. Special selection review boards.’’.
9 (3) DELAY IN PROMOTION.—Section 624(d) of
10 such title is amended—
11 (A) in paragraph (1)—
12 (i) in subparagraph (D), by striking
13 ‘‘or’’ at the end;
14 (ii) in subparagraph (E), by striking
15 the period at the end and inserting ‘‘; or’’;
16 and
17 (iii) by inserting after subparagraph
18 (E) the following new subparagraph (F):
19 ‘‘(F) the Secretary of the military department
20 concerned determines that credible information of an
21 adverse nature, including a substantiated adverse
22 finding or conclusion described in section
23 615(a)(3)(A) of this title, with respect to the officer
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24 will result in the convening of a special selection re-
25 view board under section 628a of this title to review
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1 the officer and recommend whether the rec-
2 ommendation for promotion of the officer should be
3 sustained.’’;
4 (B) by redesignating paragraphs (3) and
5 (4) as paragraphs (4) and (5), respectively;
6 (C) by inserting after paragraph (2) the
7 following new paragraph (3):
8 ‘‘(3) In the case of an officer whose promotion is de-
9 layed pursuant to paragraph (1)(F) and whose rec-
10 ommendation for promotion is sustained, authorities for
11 the promotion of the officer are specified in section
12 628a(f) of this title.’’; and
13 (D) in paragraph (4), as redesignated by
14 subparagraph (B)—
15 (i) by striking ‘‘The appointment’’
16 and inserting ‘‘(A) Except as provided in
17 subparagraph (B), the appointment’’; and
18 (ii) by adding at the end the following
19 new subparagraph:
20 ‘‘(B) In the case of an officer whose promotion is de-
21 layed pursuant to paragraph (1)(F), requirements applica-
22 ble to notice and opportunity for response to such delay
23 are specified in section 628a(c)(3) of this title.’’.
24 (b) RESERVE OFFICERS.—
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1 (1) IN GENERAL.—Chapter 1407 of title 10,
2 United States Code, is amended by inserting after
3 section 14502 the following new section:
4 ‘‘§ 14502a. Special selection review boards
5 ‘‘(a) IN GENERAL.—(1) If the Secretary of the mili-
6 tary department concerned determines that a person rec-
7 ommended by a promotion board for promotion to a grade
8 at or below the grade of major general or rear admiral
9 in the Navy is the subject of credible information of an
10 adverse nature, including any substantiated adverse find-
11 ing or conclusion described in section 14107(a)(3)(A) of
12 this title, that was not furnished to the promotion board
13 during its consideration of the person for promotion as
14 otherwise required by such section, the Secretary shall
15 convene a special selection review board under this section
16 to review the person and recommend whether the rec-
17 ommendation for promotion of the person should be sus-
18 tained.
19 ‘‘(2) If a person and the recommendation for pro-
20 motion of the person is subject to review under this section
21 by a special selection review board convened under this
22 section, the name of the person—
23 ‘‘(A) shall not be disseminated or publicly re-
24 leased on the list of officers recommended for pro-
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1 motion by the promotion board recommending the
2 promotion of the person; and
3 ‘‘(B) shall not be forwarded to the Secretary of
4 Defense, the President, or the Senate, as applicable,
5 or included on a promotion list under section
6 14308(a) of this title.
7 ‘‘(b) CONVENING.—(1) Any special selection review
8 board convened under this section shall be convened in ac-
9 cordance with the provisions of section 14502(b)(2) of this
10 title.
11 ‘‘(2) Any special selection review board convened
12 under this section may review such number of persons,
13 and recommendations for promotion of such persons, as
14 the Secretary of the military department concerned shall
15 specify in convening such special selection review board.
16 ‘‘(c) INFORMATION CONSIDERED.—(1) In reviewing
17 a person and recommending whether the recommendation
18 for promotion of the person should be sustained under this
19 section, a special selection review board convened under
20 this section shall be furnished and consider the following:
21 ‘‘(A) The record and information concerning
22 the person furnished in accordance with section
23 14107(a)(2) of this title to the promotion board that
24 recommended the person for promotion.
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1 ‘‘(B) Any credible information of an adverse na-
2 ture on the person, including any substantiated ad-
3 verse finding or conclusion from an officially docu-
4 mented investigation or inquiry described in section
5 14107(a)(3)(A) of this title.
6 ‘‘(2) The furnishing of information to a special selec-
7 tion review board under paragraph (1)(B) shall be gov-
8 erned by the standards and procedures referred to in para-
9 graph (3)(B) of section 14107(a) of this title applicable
10 to the furnishing of information described in paragraph
11 (3)(A) of such section to promotion boards in accordance
12 with that section.
13 ‘‘(3)(A) Before information on person described in
14 paragraph (1)(B) is furnished to a special selection review
15 board for purposes of this section, the Secretary of the
16 military department concerned shall ensure that—
17 ‘‘(i) such information is made available to the
18 person; and
19 ‘‘(ii) subject to subparagraphs (C) and (D), the
20 person is afforded a reasonable opportunity to sub-
21 mit comments on such information to the special se-
22 lection review board before its review of the person
23 and the recommendation for promotion of the person
24 under this section.
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1 ‘‘(B) If information on an officer described in para-
2 graph (1)(B) is not made available to the person as other-
3 wise required by subparagraph (A)(i) due to the classifica-
4 tion status of such information, the person shall, to the
5 maximum extent practicable, be furnished a summary of
6 such information appropriate to the person’s authorization
7 for access to classified information.
8 ‘‘(C)(i) An opportunity to submit comments on infor-
9 mation is not required for a person under subparagraph
10 (A)(ii) if—
11 ‘‘(I) such information was made available to the
12 person in connection with the furnishing of such in-
13 formation under section 14107(a) of this title to the
14 promotion board that recommended the promotion of
15 the person subject to review under this section; and
16 ‘‘(II) the person submitted comments on such
17 information to that promotion board.
18 ‘‘(ii) The comments on information of a person de-
19 scribed in clause (i)(II) shall be furnished to the special
20 selection review board.
21 ‘‘(D) A person may waive either or both of the fol-
22 lowing:
23 ‘‘(i) The right to submit comments to a special
24 selection review board under subparagraph (A)(ii).
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1 ‘‘(ii) The furnishing of comments to a special
2 selection review board under subparagraph (C)(ii).
3 ‘‘(d) CONSIDERATION.—(1) In considering the record
4 and information on a person under this section, the special
5 selection review board shall compare such record and in-
6 formation with an appropriate sampling of the records of
7 those officers of the same competitive category who were
8 recommended for promotion by the promotion board that
9 recommended the person for promotion, and an appro-
10 priate sampling of the records of those officers who were
11 considered by and not recommended for promotion by that
12 promotion board.
13 ‘‘(2) Records and information shall be presented to
14 a special selection review board for purposes of paragraph
15 (1) in a manner that does not indicate or disclose the per-
16 son or persons for whom the special selection review board
17 was convened.
18 ‘‘(3) In considering whether the recommendation for
19 promotion of a person should be sustained under this sec-
20 tion, a special selection review board shall, to the greatest
21 extent practicable, apply standards used by the promotion
22 board that recommended the person for promotion.
23 ‘‘(4) The recommendation for promotion of a person
24 may be sustained under this section only if the special se-
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1 ‘‘(A) ranks on an order of merit created by the
2 special selection review board as better qualified for
3 promotion than the sample officer highest on the
4 order of merit list who was considered by and not
5 recommended for promotion by the promotion board
6 concerned; and
7 ‘‘(B) is comparable in qualification for pro-
8 motion to those sample officers who were rec-
9 ommended for promotion by that promotion board.
10 ‘‘(5) A recommendation for promotion of a person
11 may be sustained under this section only by a vote of a
12 majority of the members of the special selection review
13 board.
14 ‘‘(6) If a special selection review board does not sus-
15 tain a recommendation for promotion of a person under
16 this section, the person shall be considered to have failed
17 of selection for promotion.
18 ‘‘(e) REPORTS.—(1) Each special selection review
19 board convened under this section shall submit to the Sec-
20 retary of the military department concerned a written re-
21 port, signed by each member of the board, containing the
22 name of each person whose recommendation for promotion
23 it recommends for sustainment and certifying that the
24 board has carefully considered the record and information
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1 ‘‘(2) The provisions of sections 14109(c), 14110, and
2 14111 of this title apply to the report and proceedings
3 of a special selection review board convened under this sec-
4 tion in the same manner as they apply to the report and
5 proceedings of a promotion board convened under section
6 14101(a) of this title.
7 ‘‘(f) APPOINTMENT OF PERSONS.—(1) If the report
8 of a special selection review board convened under this sec-
9 tion recommends the sustainment of the recommendation
10 for promotion to the next higher grade of a person whose
11 name was referred to it for review under this section, and
12 the President approves the report, the person shall, as
13 soon as practicable, be appointed to that grade in accord-
14 ance with section 14308 of this title.
15 ‘‘(2) A person who is appointed to the next higher
16 grade as described in paragraph (1) shall, upon that ap-
17 pointment, have the same date of rank, the same effective
18 date for the pay and allowances of that grade, and the
19 same position on the reserve active-status list as the per-
20 son would have had pursuant to the original recommenda-
21 tion for promotion of the promotion board concerned.
22 ‘‘(g) REGULATIONS.—(1) The Secretary of Defense
23 shall prescribe regulations to carry out this section. Such
24 regulations shall apply uniformly across the military de-
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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-
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24 cer will result in the convening of a special selection
25 review board under section 14502a of this title to re-
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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,
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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-
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1 611(a) of title 10, United States Code, after that
2 date.
3 ‘‘(2) DELAYED APPLICABILITY FOR BOARDS
4 FOR PROMOTION TO NON-GENERAL AND FLAG OFFI-
5 CER GRADES.—The amendments made this section
6 shall apply with respect to the proceedings of pro-
7 motion selection boards convened under section
8 611(a) of title 10, United States Code, for consider-
9 ation of officers for promotion to a grade below the
10 grade of brigadier general or, in the case of the
11 Navy, rear admiral (lower half), only if such boards
12 are so convened after January 1, 2021.’’.
13 (d) REQUIREMENTS FOR FURNISHING ADVERSE IN-
14 FORMATION ON RESERVE OFFICERS TO PROMOTION SE-
15 LECTION BOARDS.—Section 14107(a)(3) of title 10,
16 United States Code, is amended—
17 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’;
18 (2) in subparagraph (A), as designated by para-
19 graph (1), by striking ‘‘colonel, or, in the case of the
20 Navy, captain’’ and inserting ‘‘lieutenant colonel, or,
21 in the case of the Navy, commander’’; and
22 (3) by adding at the end the following new sub-
23 paragraphs
24 ‘‘(B) The standards and procedures referred to in
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1 tion board, and to each individual member of the board,
2 the information described in that subparagraph with re-
3 gard to an officer in a grade specified in that subpara-
4 graph at each stage or phase of the selection board, con-
5 current with the screening, rating, assessment, evaluation,
6 discussion, or other consideration by the board or member
7 of the official military personnel file of the officer, or of
8 the officer.
9 ‘‘(C) With respect to the consideration of an officer
10 for promotion to a grade at or below major general or,
11 in the Navy, rear admiral, the requirements in subpara-
12 graphs (A) and (B) may be met through the convening
13 and actions of a special selection board with respect to
14 the officer under section 14502a of this title.’’.
15 SEC. 505. NUMBER OF OPPORTUNITIES FOR CONSIDER-
16 ATION FOR PROMOTION UNDER ALTER-
17 NATIVE PROMOTION AUTHORITY.
18 Section 649c of title 10, United States Code, is
19 amended—
20 (1) by redesignating subsection (d) as sub-
21 section (e); and
22 (2) by inserting after subsection (c) the fol-
23 lowing new subsection (d):
24 ‘‘(d) INAPPLICABILITY OF REQUIREMENT RELATING
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1 MOTION.—Section 645(1)(A)(i)(I) of this title shall not
2 apply to the promotion of officers described in subsection
3 (a) to the extent that such section is inconsistent with a
4 number of opportunities for promotion specified pursuant
5 to section 649d of this title.’’.
6 SEC. 506. MANDATORY RETIREMENT FOR AGE.
7 (a) GENERAL RULE.—Subsection (a) of section 1251
8 of title 10, United States Code, is amended—
9 (1) by inserting ‘‘Space Force,’’ after ‘‘or Ma-
10 rine Corps,’’; and
11 (2) by inserting ‘‘or separated, as specified in
12 subsection (e),’’ after ‘‘shall be retired’’.
13 (b) DEFERRED RETIREMENT OR SEPARATION OF
14 HEALTH PROFESSIONS OFFICERS.—Subsection (b) of
15 such section is amended—
16 (1) in the subsection heading, by inserting ‘‘OR
17 SEPARATION’’ after ‘‘RETIREMENT’’; and
18 (2) in paragraph (1), by inserting ‘‘or separa-
19 tion’’ after ‘‘retirement’’.
20 (c) DEFERRED RETIREMENT OR SEPARATION OF
21 OTHER OFFICERS.—Subsection (c) of such section is
22 amended—
23 (1) in the subsection heading, by striking ‘‘OF
24 CHAPLAINS’’ and inserting ‘‘OR SEPARATION OF
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1 (2) by inserting ‘‘or separation’’ after ‘‘retire-
2 ment’’; and
3 (3) by striking ‘‘an officer who is appointed or
4 designated as a chaplain’’ and inserting ‘‘any officer
5 other than a health professions officer described in
6 subsection (b)(2)’’.
7 (d) RETIREMENT OR SEPARATION BASED ON YEARS
8 OF CREDITABLE SERVICE.—Such section is further
9 amended by adding at the end the following new sub-
10 section:
11 ‘‘(e) RETIREMENT OR SEPARATION BASED ON YEARS
12 OF CREDITABLE SERVICE.—The following rules shall
13 apply to a regular commissioned officer who is to be re-
14 tired or separated under subsection (a):
15 ‘‘(1) If the officer has at least 6 but fewer than
16 20 years of creditable service, the officer shall be
17 separated, with separation pay computed under sec-
18 tion 1174(d)(1) of this title.
19 ‘‘(2) If the officer has fewer than 6 years of
20 creditable service, the officer shall be separated
21 under subsection (a).’’.
22 SEC. 507. CLARIFYING AND IMPROVING RESTATEMENT OF
23 RULES ON THE RETIRED GRADE OF COMMIS-
24 SIONED OFFICERS.
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25 (a) RESTATEMENT.—
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1 (1) IN GENERAL.—Chapter 69 of title 10,
2 United States Code, is amended by striking section
3 1370 and inserting the following new sections:
4 ‘‘§ 1370. Regular commissioned officers
5 ‘‘(a) RETIREMENT IN HIGHEST GRADE IN WHICH
6 SERVED SATISFACTORILY.—
7 ‘‘(1) IN GENERAL.—Unless entitled to a dif-
8 ferent retired grade under some other provision of
9 law, a commissioned officer (other than a commis-
10 sioned warrant officer) of the Army, Navy, Air
11 Force, Marine Corps, or Space Force who retires
12 under any provision of law other than chapter 61 or
13 1223 of this title shall be retired in the highest per-
14 manent grade in which such officer is determined to
15 have served on active duty satisfactorily.
16 ‘‘(2) DETERMINATION OF SATISFACTORY SERV-
17 ICE.—The determination of satisfactory service of an
18 officer in a grade under paragraph (1) shall be made
19 as follows:
20 ‘‘(A) By the Secretary of the military de-
21 partment concerned, if the officer is serving in
22 a grade at or below the grade of major general,
23 rear admiral in the Navy, or the equivalent
24 grade in the Space Force.
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1 ‘‘(B) By the Secretary of Defense, if the
2 officer is serving or has served in a grade above
3 the grade of major general, rear admiral in the
4 Navy, or the equivalent grade in the Space
5 Force.
6 ‘‘(3) EFFECT OF MISCONDUCT IN LOWER
7 GRADE IN DETERMINATION.—If the Secretary of a
8 military department or the Secretary of Defense, as
9 applicable, determines that an officer committed
10 misconduct in a lower grade than the retirement
11 grade otherwise provided for the officer by this sec-
12 tion—
13 ‘‘(A) such Secretary may deem the officer
14 to have not served satisfactorily in any grade
15 equal to or higher than such lower grade for
16 purposes of determining the retirement grade of
17 the officer under this section; and
18 ‘‘(B) the grade next lower to such lower
19 grade shall be the retired grade of the officer
20 under this section.
21 ‘‘(4) NATURE OF RETIREMENT OF CERTAIN RE-
22 SERVE OFFICERS AND OFFICERS IN TEMPORARY
23 GRADES.—A reserve officer, or an officer appointed
24 to a position under section 601 of this title, who is
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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-
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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
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1 TIGATION OR PENDING MISCONDUCT.—In the case of
2 an officer to be retired in a grade above the grade
3 of colonel in the Army, Air Force, or Marine Corps,
4 captain in the Navy, or the equivalent grade in the
5 Space Force, the service-in-grade requirement in
6 paragraph (1) may not be reduced pursuant to that
7 paragraph, or waived pursuant to paragraph (3),
8 while the officer is under investigation for alleged
9 misconduct or while there is pending the disposition
10 of an adverse personnel action against the officer.
11 ‘‘(5) GRADE AND FISCAL YEAR LIMITATIONS ON
12 REDUCTION OR WAIVER OF REQUIREMENTS.—The
13 aggregate number of members of an armed force in
14 a grade for whom reductions are made under para-
15 graph (1), and waivers are made under paragraph
16 (3), in a fiscal year may not exceed—
17 ‘‘(A) in the case of officers to be retired in
18 a grade at or below the grade of major in the
19 Army, Air Force, or Marine Corps, lieutenant
20 commander in the Navy, or the equivalent
21 grade in the Space Force, the number equal to
22 two percent of the authorized active-duty
23 strength for that fiscal year for officers of that
24 armed force in that grade;
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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
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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
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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
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1 ‘‘(C) include the statement of the Sec-
2 retary as to whether or not potentially adverse,
3 adverse, or reportable information regarding the
4 officer was considered by the Secretary in mak-
5 ing the certification.
6 ‘‘(4) CONSTRUCTION WITH OTHER NOTICE.—In
7 the case of an officer under paragraph (1) to whom
8 a reduction in the service-in-grade requirement
9 under subsection (b)(1) or waiver under subsection
10 (b)(3) applies, the requirement for notification under
11 subsection (b)(6) is satisfied if the notification is in-
12 cluded in the certification submitted by the Sec-
13 retary of Defense under paragraph (1).
14 ‘‘(d) CONDITIONAL RETIREMENT GRADE AND RE-
15 TIREMENT FOR OFFICERS PENDING INVESTIGATION OR
16 ADVERSE ACTION.—
17 ‘‘(1) IN GENERAL.—When an officer serving in
18 a grade at or below the grade of major general in
19 the Army, Air Force, or Marine Corps, rear admiral
20 in the Navy, or an equivalent grade in the Space
21 Force is under investigation for alleged misconduct
22 or pending the disposition of an adverse personnel
23 action at the time of retirement, the Secretary of the
24 military department concerned may—
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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-
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1 section to be a grade above the grade of colonel in
2 the Army, Air Force, or Marine Corps, captain in
3 the Navy, or the equivalent grade in the Space
4 Force, the service-in-grade requirement in subsection
5 (b)(1) may not be reduced pursuant to subsection
6 (b)(1) or waived pursuant to subsection (b)(3).
7 ‘‘(4) PROHIBITION ON DELEGATION.—The au-
8 thority of the Secretary of a military department
9 under paragraph (1) may not be delegated. The au-
10 thority of the Secretary of Defense under paragraph
11 (2) may not be delegated.
12 ‘‘(e) FINAL RETIREMENT GRADE FOLLOWING RESO-
13 LUTION OF PENDING INVESTIGATION OR ADVERSE AC-
14 TION.—
15 ‘‘(1) NO CHANGE FROM CONDITIONAL RETIRE-
16 MENT GRADE.—If the resolution of an investigation
17 or personnel action with respect to an officer who
18 has been retired in a conditional retirement grade
19 pursuant to subsection (d) results in a determination
20 that the conditional retirement grade in which the
21 officer was retired will not be changed, the condi-
22 tional retirement grade of the officer shall, subject
23 to paragraph (3), be the final retired grade of the
24 officer.
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1 ‘‘(2) CHANGE FROM CONDITIONAL RETIREMENT
2 GRADE.—If the resolution of an investigation or per-
3 sonnel action with respect to an officer who has been
4 retired in a conditional retirement grade pursuant to
5 subsection (d) results in a determination that the
6 conditional retirement grade in which the officer was
7 retired should be changed, the changed retirement
8 grade shall be the final retired grade of the officer
9 under this section, except that if the final retirement
10 grade provided for an officer pursuant to this para-
11 graph is the grade of lieutenant general or general
12 in the Army, Air Force, or Marine Corps, vice admi-
13 ral or admiral in the Navy, or an equivalent grade
14 in the Space Force, the requirements in subsection
15 (c) shall apply in connection with the retirement of
16 the officer in such final retirement grade.
17 ‘‘(3) RECALCULATION OF RETIRED PAY.—
18 ‘‘(A) IN GENERAL.—If the final retired
19 grade of an officer is as a result of a change
20 under paragraph (2), the retired pay of the offi-
21 cer under chapter 71 of this title shall be recal-
22 culated accordingly, with any modification of
23 the retired pay of the officer to go into effect
24 as of the date of the retirement of the officer.
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1 ‘‘(B) PAYMENT OF HIGHER AMOUNT FOR
2 PERIOD OF CONDITIONAL RETIREMENT
3 GRADE.—If the recalculation of the retired pay
4 of an officer results in an increase in retired
5 pay, the officer shall be paid the amount by
6 which such increased retired pay exceeded the
7 amount of retired pay paid the officer for re-
8 tirement in the officer’s conditional grade dur-
9 ing the period beginning on the date of the re-
10 tirement of the officer in such conditional grade
11 and ending on the effective date of the change
12 of the officer’s retired grade. For an officer
13 whose retired grade is determined pursuant to
14 subsection (c), the effective date of the change
15 of the officer’s retired grade for purposes of
16 this subparagraph shall be the date that is 60
17 days after the date on which the Secretary of
18 Defense submits to the Committees on Armed
19 Services of the Senate and the House of Rep-
20 resentatives the certification required by sub-
21 section (c) in connection with the retired grade
22 of the officer.
23 ‘‘(C) RECOUPMENT OF OVERAGE DURING
24 PERIOD OF CONDITIONAL RETIREMENT
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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-
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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.
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1 ‘‘(4) NOTICE AND LIMITATION.—If a final de-
2 termination of the retired grade of an officer is re-
3 opened in accordance with paragraph (2), the appli-
4 cable Secretary—
5 ‘‘(A) shall notify the officer of the reopen-
6 ing; and
7 ‘‘(B) may not make an adverse determina-
8 tion on the retired grade of the officer until the
9 officer has had a reasonable opportunity to re-
10 spond regarding the basis for the reopening of
11 the officer’s retired grade.
12 ‘‘(5) ADDITIONAL NOTICE ON REOPENING FOR
13 OFFICERS RETIRED IN O–9 AND O-10 GRADES.—If
14 the determination of the retired grade of an officer
15 whose retired grade was provided for pursuant to
16 subsection (c) is reopened, the Secretary of Defense
17 shall also notify the President and the Committees
18 on Armed Services of the Senate and the House of
19 Representatives.
20 ‘‘(6) MANNER OF MAKING OF CHANGE.—If the
21 retired grade of an officer is proposed to be changed
22 through the reopening of the final determination of
23 an officer’s retired grade under this subsection, the
24 change in grade shall be made—
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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
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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
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1 with satisfactory service in the highest permanent grade
2 in which that person served satisfactorily at any time in
3 the armed forces, as determined by the Secretary of the
4 military department concerned in accordance with this
5 section.
6 ‘‘(b) SERVICE-IN-GRADE REQUIREMENT FOR OFFI-
7 CERS IN GRADES BELOW O–5.—In order to be credited
8 with satisfactory service in an officer grade (other than
9 a warrant officer grade) below the grade of lieutenant
10 colonel or commander (in the case of the Navy), a person
11 covered by subsection (a) must have served satisfactorily
12 in that grade (as determined by the Secretary of the mili-
13 tary department concerned) as a reserve commissioned of-
14 ficer in an active status, or in a retired status on active
15 duty, for not less than six months.
16 ‘‘(c) SERVICE-IN-GRADE REQUIREMENT FOR OF-
17 FICES IN GRADES ABOVE O–4.—
18 ‘‘(1) IN GENERAL.—In order to be credited with
19 satisfactory service in an officer grade above major
20 or lieutenant commander (in the case of the Navy),
21 a person covered by subsection (a) must have served
22 satisfactorily in that grade (as determined by the
23 Secretary of the military department concerned) as
24 a reserve commissioned officer in an active status, or
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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
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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-
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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-
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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-
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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-
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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.—
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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
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25 later than 60 days prior to the date on which
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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-
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25 leged misconduct or pending the disposition of an adverse
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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
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25 determination authorized by subsection (e), a deter-
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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:
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‘‘1370. Regular commissioned officers.
‘‘1370a. Officers entitled to retired pay for non-regular service.’’.
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1 (b) CONFORMING AND TECHNICAL AMENDMENTS TO
2 RETIRED GRADE RULES FOR THE ARMED FORCES.—
3 (1) RETIRED PAY.—Title 10, United States
4 Code, is amended as follows:
5 (A) In section 1406(b)(2), by striking
6 ‘‘section 1370(d)’’ and inserting ‘‘section
7 1370a’’.
8 (B) In section 1407(f)(2)(B), by striking
9 ‘‘by reason of denial of a determination or cer-
10 tification under section 1370’’ and inserting
11 ‘‘pursuant to section 1370 or 1370a’’.
12 (2) ARMY.—Section 7341 of such title is
13 amended—
14 (A) by striking subsection (a) and insert-
15 ing the following new subsection (a):
16 ‘‘(a)(1) The retired grade of a regular commissioned
17 officer of the Army who retires other than for physical
18 disability is determined under section 1370 of this title.
19 ‘‘(2) The retired grade of a reserve commissioned of-
20 ficer of the Army who retires other than for physical dis-
21 ability is determined under section 1370a of this title.’’;
22 and
23 (B) in subsection (b)—
24 (i) by striking ‘‘he’’ and inserting ‘‘the
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25 member’’; and
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1 (ii) by striking ‘‘his’’ and inserting
2 ‘‘the member’s’’.
3 (3) NAVY AND MARINE CORPS.—Such title is
4 further amended as follows:
5 (A) In section 8262(a), by striking ‘‘sec-
6 tions 689 and 1370’’ and inserting ‘‘section
7 689, and section 1370 or 1370a (as applica-
8 ble),’’.
9 (B) In section 8323(c), by striking ‘‘sec-
10 tion 1370 of this title’’ and inserting ‘‘section
11 1370 or 1370a of this title, as applicable’’.
12 (4) AIR FORCE AND SPACE FORCE.—Section
13 9341 of such title is amended—
14 (A) by striking subsection (a) and insert-
15 ing the following new subsection (a):
16 ‘‘(a)(1) The retired grade of a regular commissioned
17 officer of the Air Force or the Space Force who retires
18 other than for physical disability is determined under sec-
19 tion 1370 of this title.
20 ‘‘(2) The retired grade of a reserve commissioned of-
21 ficer of the Air Force or the Space Force who retires other
22 than for physical disability is determined under section
23 1370a of this title.’’; and
24 (B) in subsection (b)—
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