Conference Report on H.R. 6395, National Defense Authorization Act — Congressional Record, House
Summary
This is the conference report and explanatory material statement on H.R. 6395, the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, printed in the Congressional Record, House, Vol. 166, No. 204—Book II, Thursday, December 3, 2020, beginning at page H6145. It is submitted by Mr. Smith of Washington, chairman of the House Committee on Armed Services, as H. REPT. 116–617. The conference report recommends that the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment. Section 1 gives the short title, and Section 2 states that the Act is organized into eight divisions, including Division E, National Artificial Intelligence Initiative Act of 2020, and Division F, Anti-Money Laundering. The text then prints a table of contents, starting with Title I—Procurement.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Conference Report on H.R. 6395, National Defense Authorization Act — Congressional Record, House.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-03-crec-2020-12-03-pt2-pgh6145-2-03d5ec2382/
, SHA-256 6d8374f8d3ca88f511b084fe6acbfd90fe0f5cba985068edb8c772b1a6fc880d.Full text
Congressional Record
E PL
UR M
IB NU
U U
S
116 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 166 WASHINGTON, THURSDAY, DECEMBER 3, 2020 No. 204—Book II
House of Representatives
CONFERENCE REPORT AND EX- Sec. 1. Short title. Sec. 139. Modification to limitation on retire-
PLANATORY MATERIAL STATE- Sec. 2. Organization of Act into divisions; table ment of U–2 and RQ–4 aircraft.
of contents. Sec. 140. Modification of limitation on avail-
MENT ON H.R. 6395, WILLIAM M. Sec. 3. Congressional defense committees. ability of funds for retirement of
(MAC) THORNBERRY NATIONAL Sec. 4. Budgetary effects of this Act. E–8 JSTARS aircraft.
DEFENSE AUTHORIZATION ACT DIVISION A—DEPARTMENT OF DEFENSE Sec. 141. Limitation on divestment of F–15C air-
FOR FISCAL YEAR 2021, SUB- AUTHORIZATIONS craft within the European the-
MITTED BY MR. SMITH OF TITLE I—PROCUREMENT ater.
WASHINGTON, CHAIRMAN OF Subtitle A—Authorization of Appropriations Sec. 142. Modernization plan for airborne intel-
THE HOUSE COMMITTEE ON ligence, surveillance, and recon-
Sec. 101. Authorization of appropriations. naissance.
ARMED SERVICES Subtitle B—Army Programs Sec. 143. RC–26B manned intelligence, surveil-
CONFERENCE REPORT (H. REPT. 116–617) Sec. 111. Modifications to requirement for an lance, and reconnaissance air-
The committee of conference on the dis- interim cruise missile defense ca- craft.
agreeing votes of the two Houses on the pability. Sec. 144. Prohibition on funding for Close Air
amendment of the Senate to the bill (H.R. Sec. 112. Report and limitations on acquisition Support Integration Group.
6395), to authorize appropriations for fiscal of Integrated Visual Augmenta- Sec. 145. Required solution for KC–46 aircraft
year 2021 for military activities of the De- tion System. remote visual system limitations.
partment of Defense, for military construc- Sec. 113. Assessment of investment and Sec. 146. Analysis of moving target indicator re-
tion, and for defense activities of the Depart- sustainment for procurement of quirements and Advanced Battle
ment of Energy, to prescribe military per- cannon tubes. Management System capabilities.
Subtitle C—Navy Programs Sec. 147. Study on measures to assess cost-per-
sonnel strengths for such fiscal year, and for
Sec. 121. Limitation on alteration of the Navy effect for key mission areas.
other purposes, having met, after full and
free conference, have agreed to recommend fleet mix. Subtitle E—Defense-wide, Joint, and
and do recommend to their respective Houses Sec. 122. Limitations on Navy medium and large Multiservice Matters
as follows: unmanned surface vessels. Sec. 151. Budgeting for life-cycle costs of air-
That the House recede from its disagree- Sec. 123. Fighter force structure acquisition craft for the Army, Navy, and Air
ment to the amendment of the Senate and strategy. Force.
agree to the same with an amendment as fol- Sec. 124. Procurement authorities for certain Sec. 152. Transfer of responsibilities and func-
lows: amphibious shipbuilding pro- tions relating to electromagnetic
In lieu of the matter proposed to be in- grams. spectrum operations.
serted by the Senate amendment, insert the Sec. 125. Land-based test program for the Sec. 153. Cryptographic modernization sched-
following: FFG(X) Frigate program. ules.
Sec. 126. Treatment in future budgets of the Sec. 154. Department of Defense participation
SECTION 1. SHORT TITLE.
President of systems added by in the Special Federal Aviation
This Act may be cited as the ‘‘William M. Congress. Regulation Working Group.
(Mac) Thornberry National Defense Authoriza- Sec. 127. Extension of prohibition on avail- Sec. 155. Integrated air and missile defense as-
tion Act for Fiscal Year 2021’’. ability of funds for Navy water- sessment.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; borne security barriers. Sec. 156. Joint strategy for air base defense
TABLE OF CONTENTS. Sec. 128. Report on strategy to use ALQ–249 against missile threats.
(a) DIVISIONS.—This Act is organized into Next Generation Jammer to ensure Sec. 157. Joint All Domain Command and Con-
eight divisions as follows: full spectrum electromagnetic su- trol requirements.
(1) Division A—Department of Defense Au- periority. Sec. 158. Expansion of economic order quantity
thorizations. Subtitle D—Air Force Programs contracting authority for F–35
(2) Division B—Military Construction Author- aircraft program.
Sec. 131. Minimum operational squadron level.
izations. Sec. 132. Modification of force structure objec- Sec. 159. Documentation relating to the F–35
(3) Division C—Department of Energy Na- tives for bomber aircraft. aircraft program.
tional Security Authorizations and Other Au- Sec. 133. Minimum bomber aircraft force level. Sec. 160. F–35 aircraft munitions.
thorizations. Sec. 134. Required minimum inventory of tac- Sec. 161. Redesign strategy for the Autonomic
(4) Division D—Funding Tables. tical airlift aircraft. Logistics Information System for
(5) Division E—National Artificial Intelligence Sec. 135. Inventory requirements for air refuel- the F–35 fighter aircraft.
Initiative Act of 2020 ing tanker aircraft. Sec. 162. Briefings on software regression test-
(6) Division F—Anti-Money Laundering Sec. 136. Authority to use F–35A fighter aircraft ing for F–35 aircraft.
(7) Division G—Elijah E. Cummings Coast AT–1 through AT–6. Sec. 163. Prohibition on use of funds for the
Guard Authorization Act of 2020 Sec. 137. F–35 aircraft gun system ammunition. Armed Overwatch Program.
(8) Division H—Other Matters Sec. 138. Extension of limitation on availability Sec. 164. Acceleration of development and field-
(b) TABLE OF CONTENTS.—The table of con- of funds for retirement of RC–135 ing of counter unmanned aircraft
tents for this Act is as follows: aircraft. systems across the joint force.
b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
dlhill on DSK120RN23PROD with HOUSE
Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
H6145
.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.000 H03DEPT2
H6146 CONGRESSIONAL RECORD — HOUSE December 3, 2020
Sec. 165. Airborne intelligence, surveillance, Sec. 242. Modification of Science, Mathematics, Sec. 283. Independent comparative analysis of
and reconnaissance acquisition and Research for Transformation efforts by China and the United
roadmap for the United States (SMART) Defense Education Pro- States to recruit and retain re-
Special Operations Command. gram. searchers in national security-re-
Sec. 166. Prohibition on divestiture of manned Sec. 243. Improvements to Technology and Na- lated and defense-related fields.
intelligence, surveillance, and re- tional Security Fellowship of De- TITLE III—OPERATION AND
connaissance aircraft operated by partment of Defense. MAINTENANCE
United States Special Operations Sec. 244. Modification of mechanisms for expe-
Subtitle A—Authorization of Appropriations
Command. dited access to technical talent
Sec. 167. Notification on efforts to replace inop- and expertise at academic institu- Sec. 301. Authorization of appropriations.
erable ejection seat aircraft loca- tions. Subtitle B—Energy and Environment
tor beacons. Sec. 245. Encouragement of contractor science, Sec. 311. Military Aviation and Installation As-
TITLE II—RESEARCH, DEVELOPMENT, technology, engineering, and surance Clearinghouse for review
TEST, AND EVALUATION mathematics (STEM) programs. of mission obstructions.
Subtitle A—Authorization of Appropriations Sec. 246. Training program for human resources Sec. 312. Readiness and Environmental Protec-
Sec. 201. Authorization of appropriations. personnel in best practices for tion Integration Program.
technical workforce. Sec. 313. Extension of real-time sound moni-
Subtitle B—Program Requirements, Restrictions,
Sec. 247. Pilot program on the use of electronic toring at Navy installations where
and Limitations
portfolios to evaluate certain ap- tactical fighter aircraft operate.
Sec. 211. Modification of requirements relating plicants for technical positions. Sec. 314. Modification of authority for environ-
to certain cooperative research Sec. 248. Pilot program on self-directed training mental restoration projects of Na-
and development agreements. in advanced technologies. tional Guard.
Sec. 212. Disclosure requirements for recipients Sec. 249. Part-time and term employment of Sec. 315. Modification of authority to carry out
of Department of Defense research university faculty and students in military installation resilience
and development funds. the Defense science and tech-
Sec. 213. Modification of national security in- projects.
nology enterprise. Sec. 316. Energy resilience and energy security
novation activities and pilot pro-
Sec. 250. National security workforce and edu- measures on military installa-
gram on strengthening the de-
cational diversity activities. tions.
fense industrial and innovation Sec. 251. Coordination of scholarship and em- Sec. 317. Modification to availability of energy
base. ployment programs of the Depart-
Sec. 214. Updates to Defense Quantum Informa- cost savings for Department of
ment of Defense. Defense.
tion Science and Technology Re-
Sec. 252. Study on mechanisms for attracting Sec. 318. Increased transparency through re-
search and Development program.
Sec. 215. Establishment of Directed Energy and retaining high quality talent porting on usage and spills of
Working Group. in the Department of Defense. aqueous film-forming foam at
Sec. 216. Extension of pilot program for the en- Subtitle E—Sustainable Chemistry military installations.
hancement of the research, devel- Sec. 319. Native American lands environmental
Sec. 261. National coordinating entity for sus-
opment, test, and evaluation cen- mitigation program.
tainable chemistry.
ters of the Department of Defense. Sec. 320. Study on alternatives to address im-
Sec. 262. Strategic plan for sustainable chem-
Sec. 217. Designation of senior officials for crit- pacts of transboundary flows,
istry.
ical technology areas supportive Sec. 263. Agency activities in support of sus- spills, or discharges of pollution
of the National Defense Strategy. tainable chemistry. or debris from the Tijuana River
Sec. 218. Executive agent for Autonomy. Sec. 264. Partnerships in sustainable chemistry. on personnel, activities, and in-
Sec. 219. National security innovation partner- Sec. 265. Prioritization. stallations of Department of De-
ships. Sec. 266. Rule of construction. fense.
Sec. 220. Social science, management science, Sec. 267. Major multi-user research facility Sec. 321. Pilot program on alternative fuel vehi-
and information science research project. cle purchasing.
activities. Sec. 322. Budgeting of Department of Defense
Sec. 221. Accountability measures relating to Subtitle F—Plans, Reports, and Other Matters relating to operational energy im-
the Advanced Battle Management Sec. 271. Modification to annual report of the provement.
System. Director of Operational Test and Sec. 323. Assessment of Department of Defense
Sec. 222. Activities to improve fielding of Air Evaluation. operational energy usage.
Force hypersonic capabilities. Sec. 272. Modification to Test Resource Man- Sec. 324. Improvement of the Operational En-
Sec. 223. Disclosure of funding sources in appli- agement Center strategic plan re- ergy Capability Improvement
cations for Federal research and porting cycle and contents. Fund of the Department of De-
development awards. Sec. 273. Modification of requirements relating fense.
Sec. 224. Governance of fifth-generation wire- to energetics plan to include as- Sec. 325. Five-year reviews of containment tech-
less networking in the Department sessment of feasibility and advis- nologies relating to Red Hill Bulk
of Defense. ability of establishing a program Fuel Storage Facility.
Sec. 225. Demonstration project on use of cer- office for energetics. Sec. 326. Limitation on use of funds for acquisi-
tain technologies for fifth-genera- Sec. 274. Element in annual reports on cyber tion of furnished energy for Rhine
tion wireless networking services. science and technology activities Ordnance Barracks Army Medical
Sec. 226. Research, development, and deploy- on work with academic consortia Center.
ment of technologies to support on high priority cybersecurity re- Sec. 327. Requirement to update Department of
water sustainment. search activities in Department of Defense adaptation roadmap.
Sec. 227. Limitation on contract awards for cer- Defense capabilities. Sec. 328. Department of Defense report on
tain unmanned vessels. Sec. 275. Repeal of quarterly updates on the greenhouse gas emissions levels.
Subtitle C—Artificial Intelligence and Emerging Optionally Manned Fighting Ve- Sec. 329. Objectives, performance standards,
Technology hicle program. and criteria for use of wildlife
Sec. 231. Modification of biannual report on the Sec. 276. Microelectronics and national secu- conservation banking programs.
Joint Artificial Intelligence Cen- rity. Sec. 330. Prizes for development of non-PFAS-
ter. Sec. 277. Independent evaluation of personal containing fire-fighting agent.
Sec. 232. Modification of joint artificial intel- protective and diagnostic testing Sec. 331. Survey of technologies for Department
ligence research, development, equipment. of Defense application in phasing
and transition activities. Sec. 278. Assessment on United States national out the use of fluorinated aqueous
Sec. 233. Board of advisors for the Joint Artifi- security emerging biotechnology film-forming foam.
cial Intelligence Center. efforts and capabilities and com- Sec. 332. Interagency body on research related
Sec. 234. Application of artificial intelligence to parison with adversaries. to per- and polyfluoroalkyl sub-
the defense reform pillar of the Sec. 279. Annual reports regarding the SBIR stances.
National Defense Strategy. program of the Department of De- Sec. 333. Restriction on Department of Defense
Sec. 235. Acquisition of ethically and respon- fense. procurement of certain items con-
sibly developed artificial intel- Sec. 280. Reports on F–35 physiological episodes taining perfluorooctane sulfonate
ligence technology.
dlhill on DSK120RN23PROD with HOUSE
and mitigation efforts. or perfluorooctanoic acid.
Sec. 236. Steering committee on emerging tech- Sec. 281. Review and report on next generation Sec. 334. Research and development of alter-
nology. air dominance capabilities. native to aqueous film-forming
Subtitle D—Education and Workforce Sec. 282. Plan for operational test and utility foam.
Development evaluation of systems for Low- Sec. 335. Notification to agricultural operations
Sec. 241. Measuring and incentivizing program- Cost Attributable Aircraft Tech- located in areas exposed to De-
ming proficiency. nology program. partment of Defense PFAS use.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6147
Sec. 336. Reporting on energy savings perform- TITLE IV—MILITARY PERSONNEL Sec. 518. Direct employment pilot program for
ance contracts. AUTHORIZATIONS certain members of the reserve
Sec. 337. Increase in funding for Centers for Subtitle A—Active Forces components.
Disease Control Study on health Sec. 401. End strengths for active forces. Sec. 519. Pilot programs authorized in connec-
implications of per- and Sec. 402. Revisions to permanent active duty tion with SROTC units and CSPI
polyfluoroalkyl substances con- end strength minimum levels. programs at Historically Black
tamination in drinking water. Sec. 403. Modification of the authorized number Colleges and Universities and mi-
Sec. 338. Guaranteeing Equipment Safety for and accounting method for senior nority institutions.
Firefighters Act of 2020. enlisted personnel. Sec. 519A. Report regarding full-time National
Sec. 339. Assessment of Department of Defense Subtitle B—Reserve Forces Guard duty in response to the
excess property programs with re- COVID-19 pandemic.
Sec. 411. End strengths for Selected Reserve. Sec. 519B. Study and report on National Guard
spect to need and wildfire risk. Sec. 412. End strengths for Reserves on active support to States responding to
Subtitle C—Logistics and Sustainment duty in support of the Reserves. major disasters.
Sec. 341. National Defense Sustainment and Lo- Sec. 413. End strengths for military technicians
Sec. 519C. Report on guidance for use of un-
gistics Review. (dual status).
manned aircraft systems by the
Sec. 342. Repeal of sunset for minimum annual Sec. 414. Maximum number of reserve personnel
National Guard.
purchase amount for carriers par- authorized to be on active duty
Sec. 519D. Study and report on ROTC recruit-
ticipating in the Civil Reserve Air for operational support.
Sec. 415. Separate authorization by Congress of ment.
Fleet. Subtitle C—General Service Authorities and
minimum end strengths for non-
Sec. 343. Additional elements for inclusion in Correction of Military Records
temporary military technicians
Navy ship depot maintenance
(dual status) and end strengths Sec. 521. Increased access to potential recruits.
budget report.
for temporary military technicians Sec. 522. Sunset and transfer of functions of the
Sec. 344. Clarification of limitation on length of
(dual status). Physical Disability Board of Re-
overseas forward deployment of
Subtitle C—Authorization of Appropriations view.
currently deployed naval vessels.
Sec. 421. Military personnel. Sec. 523. Honorary promotion matters.
Sec. 345. Independent advisory panel on weap- Sec. 524. Exclusion of official photographs of
on system sustainment. TITLE V—MILITARY PERSONNEL POLICY members from records furnished to
Sec. 346. Biannual briefings on status of Ship- Subtitle A—Officer Personnel Policy promotion selection boards.
yard Infrastructure Optimization Sec. 501. Authorized strengths of general and Sec. 525. Report regarding reviews of discharges
Plan. flag officers on active duty. and dismissals based on sexual
Sec. 347. Materiel readiness metrics and objec- Sec. 502. Temporary expansion of availability of orientation.
tives for major weapon systems. enhanced constructive service Subtitle D—Prevention and Response To Sexual
Sec. 348. Repeal of statutory requirement for credit in a particular career field Assault, Harassment, and Related Misconduct
notification to Director of Defense upon original appointment as a
Logistics Agency three years prior commissioned officer. Sec. 531. Modification of time required for expe-
to implementing changes to any Sec. 503. Diversity in selection boards. dited decisions in connection with
uniform or uniform component. Sec. 504. Requirement for promotion selection applications for change of station
board recommendation of higher or unit transfer of members who
Subtitle D—Munitions Safety and Oversight
placement on promotion list of of- are victims of sexual assault or re-
Sec. 351. Chair of Department of Defense explo- lated offenses.
ficers of particular merit.
sive safety board. Sec. 505. Special selection review boards for re- Sec. 532. Confidential reporting of sexual har-
Sec. 352. Explosive Ordnance Disposal Defense view of promotion of officers sub- assment.
Program. ject to adverse information identi- Sec. 533. Additional bases for provision of ad-
Sec. 353. Assessment of resilience of Department fied after recommendation for pro- vice by the Defense Advisory
of Defense munitions enterprise. motion and related matters. Committee for the Prevention of
Sec. 354. Report on safety waivers and mishaps Sec. 506. Number of opportunities for consider- Sexual Misconduct.
in Department of Defense muni- ation for promotion under alter- Sec. 534. Additional matters for 2021 report of
tions enterprise. native promotion authority. the Defense Advisory Committee
Subtitle E—Other Matters Sec. 507. Mandatory retirement for age. for the Prevention of Sexual Mis-
Sec. 508. Clarifying and improving restatement conduct.
Sec. 361. Pilot program for temporary issuance
of rules on the retired grade of Sec. 535. Inclusion of advisory duties on the
of maternity-related uniform
commissioned officers. Coast Guard Academy among du-
items.
Sec. 509. Repeal of authority for original ap- ties of Defense Advisory Com-
Sec. 362. Servicewomen’s Commemorative Part-
pointment of regular Navy officers mittee for the Prevention of Sex-
nerships.
designated for engineering duty, ual Misconduct.
Sec. 363. Biodefense analysis and budget sub- aeronautical engineering duty, Sec. 536. Modification of reporting and data
mission. and special duty. collection on victims of sexual of-
Sec. 364. Update of National Biodefense Imple- Sec. 509A. Permanent programs on direct com- fenses.
mentation Plan. missions to cyber positions. Sec. 537. Modification of annual report regard-
Sec. 365. Plans and reports on emergency re- Sec. 509B. Review of Seaman to Admiral–21 pro- ing sexual assaults involving
sponse training for military in- gram. members of the Armed Forces.
stallations. Subtitle B—Reserve Component Management Sec. 538. Coordination of support for survivors
Sec. 366. Inapplicability of congressional notifi- of sexual trauma.
Sec. 511. Temporary authority to order retired
cation and dollar limitation re- Sec. 539. Policy for military service academies
members to active duty in high-
quirements for advance billings on separation of alleged victims
demand, low-density assignments
for certain background investiga- and alleged perpetrators in inci-
during war or national emer-
tions. dents of sexual assault.
gency.
Sec. 367. Adjustment in availability of appro- Sec. 539A. Safe-to-report policy applicable
Sec. 512. Expansion of Junior Reserve Officers’
priations for unusual cost over- across the Armed Forces.
Training Corps Program.
runs and for changes in scope of Sec. 513. Grants to support STEM education in Sec. 539B. Accountability of leadership of the
work. the Junior Reserve Officers’ Department of Defense for dis-
Sec. 368. Requirement that Secretary of Defense Training Corps. charging the sexual harassment
implement security and emergency Sec. 514. Permanent suicide prevention and re- policies and programs of the De-
response recommendations relat- silience program for the reserve partment.
ing to active shooter or terrorist components. Sec. 539C. Reports on status of investigations of
attacks on installations of De- Sec. 515. Modification of education loan repay- alleged sex-related offenses.
partment of Defense. ment program for members of Se- Sec. 539D. Report on ability of Sexual Assault
Sec. 369. Clarification of food ingredient re- lected Reserve. Response Coordinators and Sex-
quirements for food or beverages Sec. 516. Inclusion of drill or training foregone ual Assault Prevention and Re-
provided by the Department of due to emergency travel or duty sponse Victim Advocates to per-
dlhill on DSK120RN23PROD with HOUSE
Defense. restrictions in computations of en- form duties.
Sec. 370. Commission on the naming of items of titlement to and amounts of re- Sec. 539E. Briefing on Special Victims’ Counsel
the Department of Defense that tired pay for non-regular service. program.
commemorate the Confederate Sec. 517. Quarantine lodging for members of the Sec. 539F. Briefing on placement of members of
States of America or any person reserve components who perform the Armed Forces in academic sta-
who served voluntarily with the certain service in response to the tus who are victims of sexual as-
Confederate States of America. COVID–19 emergency. sault onto Non-Rated Periods.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.049 H03DEPT2
H6148 CONGRESSIONAL RECORD — HOUSE December 3, 2020
Subtitle E—Military Justice and Other Legal Sec. 564. Expressing support for the designation Subtitle J—Other Matters and Reports
Matters of Silver Star Service Banner Day. Sec. 591. Expansion of Department of Defense
Sec. 541. Right to notice of victims of offenses Subtitle H—Member Education, Training, STARBASE Program.
under the Uniform Code of Mili- Transition, and Resilience Sec. 592. Inclusion of certain outlying areas in
tary Justice regarding certain Sec. 571. Mentorship and career counseling pro- the Department of Defense
post-trial motions, filings, and gram for officers to improve diver- STARBASE Program.
hearings. sity in military leadership. Sec. 593. Postponement of conditional designa-
Sec. 542. Qualifications of judges and standard tion of Explosive Ordnance Dis-
Sec. 572. Expansion of Skillbridge program to
of review for Courts of Criminal posal Corps as a basic branch of
include the Coast Guard.
Appeals. the Army.
Sec. 543. Preservation of court-martial records. Sec. 573. Increase in number of permanent pro-
Sec. 594. Armed Services Vocational Aptitude
Sec. 544. Availability of records for National In- fessors at the United States Air
Battery Test special purpose ad-
stant Criminal Background Check Force Academy.
junct to address computational
System. Sec. 574. Additional elements with 2021 and 2022
thinking.
Sec. 545. Removal of personally identifying and certifications on the Ready, Rel-
Sec. 595. Extension of reporting deadline for the
other information of certain per- evant Learning initiative of the
annual report on the assessment
sons from investigative reports, Navy.
of the effectiveness of activities of
the Department of Defense Cen- Sec. 575. Information on nominations and ap-
the Federal Voting Assistance
tral Index of Investigations, and plications for military service
Program.
other records and databases. academies.
Sec. 596. Plan on performance of funeral hon-
Sec. 546. Briefing on mental health support for Sec. 576. Report on potential improvements to ors details by members of other
vicarious trauma for certain per- certain military educational insti- Armed Forces when members of
sonnel in the military justice sys- tutions of the Department of De- the Armed Force of the deceased
tem. fense. are unavailable.
Sec. 547. Comptroller General of the United Sec. 577. College of International Security Af- Sec. 597. Study on financial impacts of the
States report on implementation fairs of the National Defense Uni- Coronavirus Disease 2019 on mem-
by the Armed Forces of recent versity. bers of the Armed Forces and best
GAO recommendations and statu- Sec. 578. Improvements to the Credentialing Op- practices to prevent future finan-
tory requirements on assessment portunities On-Line programs of cial hardships.
of racial, ethnic, and gender dis- the Armed Forces. Sec. 598. Limitation on implementation of Army
parities in the military justice sys- Sec. 579. GAO study regarding transferability Combat Fitness Test.
tem. of military certifications to civil- Sec. 599. Semiannual reports on implementation
Sec. 548. Legal assistance for veterans and sur- ian occupational licenses and cer- of recommendations of the Com-
viving spouses and dependents. tifications. prehensive Review of Special Op-
Sec. 549. Clarification of termination of leases Sec. 579A. Report regarding county, Tribal, and erations Forces Culture and Eth-
of premises and motor vehicles of local veterans service officers. ics.
servicemembers who incur cata-
Subtitle I—Military Family Readiness and Sec. 599A. Report on impact of children of cer-
strophic injury or illness or die
Dependents’ Education tain Filipino World War II vet-
while in military service.
Sec. 581. Family readiness: definitions; commu- erans on national security, for-
Sec. 549A. Multidisciplinary board to evaluate
nication strategy; review; report. eign policy, and economic and hu-
suicide events.
Sec. 549B. Improvements to Department of De- Sec. 582. Improvements to Exceptional Family manitarian interests of the United
fense tracking of and response to Member Program. States.
incidents of child abuse, adult Sec. 583. Support services for members of special TITLE VI—MILITARY COMPENSATION
crimes against children, and seri- operations forces and immediate Subtitle A—Pay and Allowances
ous harmful behavior between family members. Sec. 601. Increase in basic pay.
children and youth involving mili- Sec. 584. Responsibility for allocation of certain Sec. 602. Compensation and credit for retired
tary dependents on military in- funds for military child develop- pay purposes for maternity leave
stallations. ment programs. taken by members of the reserve
Sec. 549C. Independent analysis and rec- Sec. 585. Military child care and child develop- components.
ommendations on domestic vio- ment center matters. Sec. 603. Provision of information regarding
lence in the Armed Forces. Sec. 586. Expansion of financial assistance SCRA to members who receive
Subtitle F—Diversity and Inclusion under My Career Advancement basic allowance for housing.
Sec. 551. Diversity and inclusion reporting re- Account program. Sec. 604. Reorganization of certain allowances
quirements and related matters. Sec. 587. Improvements to partner criteria of the other than travel and transpor-
Sec. 552. National emergency exception for tim- Military Spouse Employment tation allowances.
ing requirements with respect to Partnership Program. Sec. 605. Expansion of travel and transpor-
certain surveys of members of the Sec. 588. 24-hour child care. tation allowances to include fares
Armed Forces. Sec. 589. Pilot program to provide financial as- and tolls.
Sec. 553. Questions regarding racism, anti-Semi- sistance to members of the Armed Sec. 606. One-time uniform allowance for offi-
tism, and supremacism in work- Forces for in-home child care. cers who transfer to the Space
place surveys administered by the Sec. 589A. Certain assistance to local edu- Force.
Secretary of Defense. cational agencies that benefit de-
Subtitle B—Bonuses and Special Incentive Pays
Sec. 554. Inspector General oversight of diver- pendents of military and civilian
sity and inclusion in Department personnel. Sec. 611. One-year extension of certain expiring
of Defense; supremacist, extremist, Sec. 589B. Staffing of Department of Defense bonus and special pay authorities.
Education Activity schools to Sec. 612. Increase in special and incentive pays
or criminal gang activity in the
maintain maximum student-to- for officers in health professions.
Armed Forces.
Sec. 555. Policy to improve responses to preg- teacher ratios. Sec. 613. Increase in certain hazardous duty in-
nancy and childbirth by certain Sec. 589C. Pilot program to expand eligibility centive pay for members of the
members of the Armed Forces. for enrollment at domestic de- uniformed services.
Sec. 556. Training on certain Department of De- pendent elementary and sec- Sec. 614. Payment of hazardous duty incentive
fense instructions for members of ondary schools. pay for members of the uniformed
the Armed Forces. Sec. 589D. Pilot program on expanded eligibility services.
Sec. 557. Evaluation of barriers to minority par- for Department of Defense Edu- Sec. 615. Clarification of 30 days of continuous
ticipation in certain units of the cation Activity Virtual High duty on board a ship required for
Armed Forces. School program. family separation allowance for
Sec. 558. Comptroller General of the United Sec. 589E. Training program regarding foreign members of the uniformed serv-
States report on equal oppor- malign influence campaigns. ices.
tunity at the military service Sec. 589F. Study on cyberexploitation and on- Subtitle C—Disability Pay, Retired Pay, and
academies. line deception of members of the Family and Survivor Benefits
dlhill on DSK120RN23PROD with HOUSE
Subtitle G—Decorations and Awards Armed Forces and their families. Sec. 621. Modernization and clarification of
Sec. 561. Extension of time to review World War Sec. 589G. Matters relating to education for payment of certain Reserves while
I Valor Medals. military dependent students with on duty.
Sec. 562. Authorizations for certain awards. special needs. Sec. 622. Restatement and clarification of au-
Sec. 563. Feasibility study on establishment of Sec. 589H. Studies and reports on the perform- thority to reimburse members for
service medal for radiation-ex- ance of the Department of De- spouse relicensing costs pursuant
posed veterans. fense Education Activity. to a permanent change of station.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6149
Sec. 623. Expansion of death gratuity for ROTC Sec. 715. Membership of Board of Regents of Sec. 753. Study on medevac helicopters and am-
graduates. Uniformed Services University of bulances at certain military in-
Sec. 624. Expansion of assistance for Gold Star the Health Sciences. stallations.
spouses and other dependents. Sec. 716. Temporary exemption for Uniformed Sec. 754. Comptroller General study on prenatal
Sec. 625. Gold Star Families Parks Pass. Services University of the Health and postpartum mental health
Sec. 626. Recalculation of financial assistance Sciences from certain Paperwork conditions among members of the
for providers of child care services Reduction Act requirements. Armed Forces and their depend-
and youth program services for Sec. 717. Modification to limitation on the re- ents.
dependents. alignment or reduction of military Sec. 755. Report on lapses in TRICARE cov-
Sec. 627. Priority for certain military family medical manning end strength. erage for members of the National
housing to a member of the Armed Sec. 718. Modifications to implementation plan Guard and reserve components.
Forces whose spouse agrees to for restructure or realignment of Sec. 756. Study and report on increasing tele-
provide family home day care military medical treatment facili- health services across Armed
services. ties. Forces.
Sec. 628. Study on feasibility and advisability Sec. 719. Policy to address prescription opioid Sec. 757. Study on force mix options and service
of TSP contributions by military safety. models to enhance readiness of
spouses. Sec. 720. Addition of burn pit registration and medical force of the Armed Forces.
Sec. 629. Report on implications of expansion of other information to electronic Sec. 758. Report on billing practices for health
authority to provide financial as- health records of members of the care from Department of Defense.
sistance to civilian providers of Armed Forces. Subtitle E—Mental Health Services From De-
child care services or youth pro- Sec. 721. Inclusion of information on exposure partment of Veterans Affairs for Members of
gram services for survivors of to open burn pits in Reserve Components
members of the Armed Forces who postdeployment health reassess- Sec. 761. Short title.
die in the line of duty. ments. Sec. 762. Expansion of eligibility for readjust-
Sec. 629A. Report on extension of commissary Subtitle C—Matters Relating to COVID–19 ment counseling and related out-
and exchange benefits for sur- Sec. 731. COVID–19 military health system re- patient services from Department
viving remarried spouses with de- view panel. of Veterans Affairs to include
pendent children of members of Sec. 732. Department of Defense pandemic pre- members of reserve components of
the Armed Forces who die while paredness. the Armed Forces.
on active duty or certain reserve Sec. 733. Transitional health benefits for cer- Sec. 763. Provision of mental health services
duty. tain members of the National from Department of Veterans Af-
Subtitle D—Defense Resale Matters Guard serving under orders in re- fairs to members of reserve compo-
sponse to the coronavirus nents of the Armed Forces.
Sec. 631. Base responders essential needs and
(COVID–19). Sec. 764. Inclusion of members of reserve compo-
dining access.
Sec. 734. Registry of certain TRICARE bene- nents in mental health programs
Sec. 632. First responder access to mobile ex-
ficiaries diagnosed with COVID– of Department of Veterans Af-
changes.
19. fairs.
Sec. 633. Updated business case analysis for Sec. 765. Report on mental health and related
consolidation of the defense resale Sec. 735. Health assessments of veterans diag-
nosed with pandemic diseases to services provided by Department
system. of Veterans Affairs to members of
determine exposure to open burn
Subtitle E—Other Personnel Rights and Benefits pits and toxic airborne chemicals. the Armed Forces.
Sec. 641. Approval of certain activities by re- Sec. 736. Comptroller General study on delivery TITLE VIII—ACQUISITION POLICY, ACQUI-
tired and reserve members of the of mental health services to mem- SITION MANAGEMENT, AND RELATED
uniformed services. bers of the Armed Forces during MATTERS
Sec. 642. Permanent authority for and enhance- the COVID–19 pandemic. Subtitle A—Acquisition Policy and Management
ment of the Government lodging Subtitle D—Reports and Other Matters Sec. 801. Report on acquisition risk assessment
program.
Sec. 741. Modifications to pilot program on ci- and mitigation as part of Adapt-
Sec. 643. Operation of Stars and Stripes.
vilian and military partnerships ive Acquisition Framework imple-
TITLE VII—HEALTH CARE PROVISIONS to enhance interoperability and mentation.
Subtitle A—TRICARE and Other Health Care medical surge capability and ca- Sec. 802. Improving planning, execution, and
Benefits pacity of National Disaster Med- oversight of life cycle sustainment
Sec. 701. Improvement to breast cancer screen- ical System. activities.
ing. Sec. 742. Reports on suicide among members of Sec. 803. Disclosures for offerors for certain
Sec. 702. Waiver of fees charged to certain civil- the Armed Forces and suicide pre- shipbuilding major defense acqui-
ians for emergency medical treat- vention programs and activities of sition program contracts.
ment provided at military medical the Department of Defense. Sec. 804. Implementation of modular open sys-
treatment facilities. Sec. 743. Extension of authority for Joint De- tems approaches.
partment of Defense-Department Sec. 805. Congressional notification of termi-
Sec. 703. Authority for Secretary of Defense to
of Veterans Affairs Medical Facil- nation of a middle tier acquisition
manage provider type referral and
ity Demonstration Fund. program.
supervision requirements under
Sec. 744. Military Health System Clinical Qual- Sec. 806. Definition of material weakness for
TRICARE program.
ity Management Program. contractor business systems.
Sec. 704. Expansion of benefits available under
Sec. 745. Wounded Warrior Service Dog Pro- Sec. 807. Space system acquisition and the
TRICARE Extended Care Health
gram. adaptive acquisition framework.
Option program. Sec. 808. Acquisition authority of the Director
Sec. 705. Sale of hearing aids for dependents of Sec. 746. Extramedical maternal health pro-
viders demonstration project. of the Joint Artificial Intelligence
certain members of the reserve Center.
components. Sec. 747. Briefing on diet and nutrition of mem-
bers of the Armed Forces. Sec. 809. Assessments of the process for devel-
Sec. 706. Pilot program on receipt of non-ge- oping capability requirements for
neric prescription maintenance Sec. 748. Audit of medical conditions of resi-
dents in privatized military hous- Department of Defense acquisi-
medications under TRICARE tion programs.
pharmacy benefits program. ing.
Sec. 749. Assessment of receipt by civilians of Subtitle B—Amendments to General Contracting
Subtitle B—Health Care Administration emergency medical treatment at Authorities, Procedures, and Limitations
Sec. 711. Repeal of administration of TRICARE military medical treatment facili- Sec. 811. Sustainment reform for the Depart-
dental plans through Federal Em- ties. ment of Defense.
ployees Dental and Vision Insur- Sec. 750. Study on the incidence of cancer diag- Sec. 812. Inclusion of software in Government
ance Program. nosis and mortality among mili- performance of acquisition func-
Sec. 712. Protection of the Armed Forces from tary aviators and aviation sup- tions.
infectious diseases. port personnel. Sec. 813. Modifications to Comptroller General
Sec. 713. Inclusion of drugs, biological prod- Sec. 751. Study on exposure to toxic substances assessment of acquisition pro-
dlhill on DSK120RN23PROD with HOUSE
ucts, and critical medical supplies at Karshi-Khanabad Air Base, grams and related initiatives.
in national security strategy for Uzbekistan. Sec. 814. Cost or pricing data reporting require-
national technology and indus- Sec. 752. Review and report on prevention of ments for Department of Defense
trial base. suicide among members of the contracts.
Sec. 714. Contract authority of the Uniformed Armed Forces stationed at remote Sec. 815. Prompt payment of contractors.
Services University of the Health installations outside the contig- Sec. 816. Documentation pertaining to commer-
Sciences. uous United States. cial item determinations.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.049 H03DEPT2
H6150 CONGRESSIONAL RECORD — HOUSE December 3, 2020
Sec. 817. Modification to small purchase thresh- Sec. 852. Report on aluminum refining, proc- Sec. 907. Assignment of responsibility for the
old exception to sourcing require- essing, and manufacturing. Arctic region within the Office of
ments for certain articles. Subtitle E—Small Business Matters the Secretary of Defense.
Sec. 818. Repeal of program for qualified ap- Sec. 861. Initiatives to support small businesses Sec. 908. Modernization of process used by the
prentices for military construction in the national technology and Department of Defense to iden-
contracts. industrial base. tify, task, and manage Congres-
Sec. 819. Modifications to mitigating risks re- Sec. 862. Transfer of verification of small busi- sional reporting requirements.
lated to foreign ownership, con- ness concerns owned and con- Subtitle B—Other Department of Defense
trol, or influence of Department trolled by veterans or service-dis- Organization and Management Matters
of Defense contractors and sub- abled veterans to the Small Busi- Sec. 911. Reform of the Department of Defense.
contractors. ness Administration. Sec. 912. Limitation on reduction of civilian
Sec. 820. Contract closeout authority for serv- Sec. 863. Employment size standard require- workforce.
ices contracts. ments for small business concerns. Sec. 913. Chief Diversity Officer and Senior Ad-
Sec. 821. Revision of proof required when using Sec. 864. Maximum award price for sole source visors for Diversity and Inclusion.
an evaluation factor for employ- manufacturing contracts. Sec. 914. Limitation on consolidation or transi-
ing or subcontracting with mem- Sec. 865. Reporting requirement on expenditure tion to alternative content deliv-
bers of the Selected Reserve. amounts for the Small Business ery methods within the Defense
Subtitle C—Provisions Relating to Software and Innovation Research Program Media Activity.
Technology and the Small Business Tech-
nology Transfer Program. Subtitle C—Space Force Matters
Sec. 831. Contract authority for development
Sec. 866. Small businesses in territories of the Sec. 921. Office of the Chief of Space Oper-
and demonstration of initial or
United States. ations.
additional prototype units.
Sec. 832. Extension of pilot program for stream- Sec. 867. Eligibility of the Commonwealth of the Sec. 922. Clarification of Space Force and Chief
lined awards for innovative tech- Northern Mariana Islands for cer- of Space Operations authorities.
tain Small Business Administra- Sec. 923. Amendments to Department of the Air
nology programs.
Sec. 833. Listing of other transaction authority tion programs. Force provisions in title 10, United
Sec. 868. Past performance ratings of certain States Code.
consortia.
small business concerns. Sec. 924. Amendments to other provisions of
Sec. 834. Pilot program on the use of consump-
Sec. 869. Extension of participation in 8(a) pro- title 10, United States Code.
tion-based solutions to address
gram. Sec. 925. Amendments to provisions of law re-
software-intensive warfighting ca- Sec. 870. Compliance of Offices of Small Busi-
pability. lating to pay and allowances.
ness and Disadvantaged Business Sec. 926. Amendments to provisions of law re-
Sec. 835. Balancing security and innovation in Utilization.
software development and acqui- lating to veterans’ benefits.
Sec. 871. Category management training. Sec. 927. Amendments to other provisions of the
sition.
Subtitle F—Other Matters United States Code and other
Sec. 836. Digital modernization of analytical
and decision-support processes for Sec. 881. Review of and report on overdue ac- laws.
managing and overseeing Depart- quisition and cross-servicing Sec. 928. Applicability to other provisions of
ment of Defense acquisition pro- agreement transactions. law.
grams. Sec. 882. Domestic comparative testing activi- Sec. 929. Temporary exemption from authorized
Sec. 837. Safeguarding defense-sensitive United ties. daily average of members in pay
States intellectual property, tech- Sec. 883. Prohibition on awarding of contracts grades E–8 and E–9.
nology, and other data and infor- to contractors that require non- Sec. 930. Limitation on transfer of military in-
mation. disclosure agreements relating to stallations to the jurisdiction of
Sec. 838. Comptroller General report on imple- waste, fraud, or abuse. the Space Force.
Sec. 884. Program management improvement of- Sec. 931. Organization of the Space Force.
mentation of software acquisition
ficers and program management TITLE X—GENERAL PROVISIONS
reforms.
Sec. 839. Comptroller General report on intellec- policy council.
Sec. 885. Disclosure of beneficial owners in Subtitle A—Financial Matters
tual property acquisition and li- Sec. 1001. General transfer authority.
database for Federal agency con-
censing. Sec. 1002. Budget materials for special oper-
tract and grant officers.
Subtitle D—Industrial Base Matters Sec. 886. Repeal of pilot program on payment of ations forces.
Sec. 841. Additional requirements pertaining to costs for denied Government Ac- Sec. 1003. Application of Financial Improve-
printed circuit boards. countability Office bid protests. ment and Audit Remediation Plan
Sec. 842. Report on nonavailability determina- Sec. 887. Amendments to submissions to Con- to fiscal years following fiscal
tions and quarterly national tech- gress relating to certain foreign year 2020.
nology and industrial base brief- military sales. Sec. 1004. Incentives for the achievement by the
ings. Sec. 888. Revision to requirement to use firm components of the Department of
Sec. 843. Modification of framework for mod- fixed-price contracts for foreign Defense of unqualified audit
ernizing acquisition processes to military sales. opinions on the financial state-
ensure integrity of industrial base Sec. 889. Assessment and enhancement of na- ments.
and inclusion of optical trans- tional security innovation base. Sec. 1005. Audit readiness and remediation.
mission components. Sec. 890. Identification of certain contracts re- Sec. 1006. Addition of Chief of the National
Sec. 844. Expansion on the prohibition on ac- lating to construction or mainte- Guard Bureau to the list of offi-
quiring certain metal products. nance of a border wall. cers providing reports of un-
Sec. 845. Miscellaneous limitations on the pro- Sec. 891. Waivers of certain conditions for funded priorities.
curement of goods other than progress payments under certain
Subtitle B—Counterdrug Activities
United States goods. contracts during the COVID–19
national emergency. Sec. 1011. Quarterly reports on Department of
Sec. 846. Improving implementation of policy
Defense support provided to other
pertaining to the national tech- TITLE IX—DEPARTMENT OF DEFENSE
United States agencies for
nology and industrial base. ORGANIZATION AND MANAGEMENT
counterdrug activities and activi-
Sec. 847. Report and limitation on the avail- Subtitle A—Office of the Secretary of Defense ties to counter transnational or-
ability of funds relating to elimi- and Related Matters ganized crime.
nating the gaps and Sec. 901. Repeal of position of Chief Manage-
vulnerabilities in the national Subtitle C—Naval Vessels
ment Officer of the Department of
technology and industrial base. Defense. Sec. 1021. Limitation on availability of certain
Sec. 848. Supply of strategic and critical mate- Sec. 902. Assistant Secretary of Defense for Spe- funds without naval vessels plan
rials for the Department of De- cial Operations and Low Intensity and certification.
fense. Conflict and related matters. Sec. 1022. Limitations on use of funds in Na-
Sec. 849. Analyses of certain activities for ac- Sec. 903. Assistant Secretary of Defense for In- tional Defense Sealift Fund for
tion to address sourcing and in- dustrial Base Policy. purchase of foreign constructed
dustrial capacity. Sec. 904. Assistant Secretary of Defense for En- vessels.
dlhill on DSK120RN23PROD with HOUSE
Sec. 850. Implementation of recommendations ergy, Installations, and Environ- Sec. 1023. Use of National Sea-Based Deter-
for assessing and strengthening ment. rence Fund for incrementally
the manufacturing and defense Sec. 905. Office of Local Defense Community funded contracts to provide full
industrial base and supply chain Cooperation. funding for Columbia class sub-
resiliency. Sec. 906. Input from the Vice Chief of the Na- marines.
Sec. 851. Report on strategic and critical mate- tional Guard Bureau to the Joint Sec. 1024. Preference for United States vessels
rials. Requirements Oversight Council. in transporting supplies by sea.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6151
Sec. 1025. Restrictions on overhaul, repair, etc. Sec. 1064. Requirements for use of Federal law Sec. 1106. One-year extension of temporary au-
of naval vessels in foreign ship- enforcement personnel, active thority to grant allowances, bene-
yards. duty members of the Armed fits, and gratuities to civilian per-
Sec. 1026. Biennial report on shipbuilder train- Forces, and National Guard per- sonnel on official duty in a com-
ing and the defense industrial sonnel in support of Federal au- bat zone.
base. thorities to respond to civil dis- Sec. 1107. Civilian faculty at the Defense Secu-
Sec. 1027. Modification of waiver authority on turbances. rity Cooperation University and
prohibition on use of funds for re- Subtitle F—Studies and Reports Institute of Security Governance.
tirement of certain legacy mari- Sec. 1108. Temporary authority to appoint re-
Sec. 1071. FFRDC study of explosive ordnance
time mine countermeasure plat- tired members of the Armed Forces
disposal agencies.
forms. to positions in the Department of
Sec. 1072. Study on force structure for Marine
Defense.
Sec. 1028. Extension of authority for reimburse- Corps aviation.
Sec. 1109. Fire fighters alternative work sched-
ment of expenses for certain Navy Sec. 1073. Report on joint training range exer-
ule demonstration project for the
mess operations afloat. cises for the Pacific region.
Sec. 1074. Reports on threats to United States Navy Region Mid-Atlantic Fire
Sec. 1029. Working group on stabilization of and Emergency Services.
Navy shipbuilding industrial base forces from small unmanned air-
craft systems worldwide. Sec. 1110. Special rules for certain monthly
workforce. workers’ compensation payments
Sec. 1075. Under Secretary of Defense (Comp-
Sec. 1030. Limitation on naval force structure troller) reports on improving the and other payments for Federal
changes. budget justification and related Government personnel under chief
Subtitle D—Counterterrorism materials of the Department of of mission authority.
Defense. Sec. 1111. Temporary increase in limitation on
Sec. 1041. Extension of prohibition on use of accumulation of annual leave for
Sec. 1076. Quarterly briefings on Joint All Do-
funds for transfer or release of in- Executive branch employees.
main Command and Control ef-
dividuals detained at United Sec. 1112. Telework travel expenses program of
fort.
States Naval Station, Guanta- the United States Patent and
Sec. 1077. Report on civilian casualty
namo Bay, Cuba, to the United Trademark Office.
resourcing and authorities.
States. Sec. 1113. Extension of rate of overtime pay au-
Sec. 1078. Comptroller General Review of De-
Sec. 1042. Extension of prohibition on use of partment of Defense efforts to pre- thority for Department of the
funds to construct or modify fa- vent resale of goods manufactured Navy employees performing work
cilities in the United States to by forced labor in commissaries aboard or dockside in support of
house detainees transferred from and exchanges. the nuclear-powered aircraft car-
United States Naval Station, Sec. 1079. Comptroller General report on De- rier forward deployed in Japan.
Guantanamo Bay, Cuba. partment of Defense processes for Sec. 1114. Enhanced pay authority for certain
Sec. 1043. Extension of prohibition on use of responding to congressional re- acquisition and technology posi-
funds for transfer or release of in- porting requirements. tions in the Department of De-
dividuals detained at United fense.
Subtitle G—Other Matters Sec. 1115. Enhanced pay authority for certain
States Naval Station, Guanta-
namo Bay, Cuba, to certain coun- Sec. 1081. Technical, conforming, and clerical research and technology positions
tries. amendments. in the science and technology re-
Sec. 1082. Reporting of adverse events relating invention laboratories of the De-
Sec. 1044. Extension of prohibition on use of to consumer products on military
funds to close or relinquish con- partment of Defense.
installations. Sec. 1116. Extension of enhanced appointment
trol of United States Naval Sta- Sec. 1083. Modification to First Division monu-
tion, Guantanamo Bay, Cuba. and compensation authority for
ment. civilian personnel for care and
Subtitle E—Miscellaneous Authorities and Sec. 1084. Sense of Congress regarding reporting treatment of wounded and injured
Limitations of civilian casualties resulting members of the armed forces.
from United States military oper- Sec. 1117. Expansion of direct hire authority for
Sec. 1051. Support of special operations to com-
ations. certain Department of Defense
bat terrorism.
Sec. 1085. Deployment of real-time status of spe- personnel to include installation
Sec. 1052. Expenditure of funds for Department cial use airspace. military housing office positions
of Defense clandestine activities Sec. 1086. Duties of Secretary under uniformed supervising privatized military
that support operational prepara- and overseas citizens absentee housing.
tion of the environment. voting act. Sec. 1118. Extension of sunset of inapplicability
Sec. 1053. Sale or donation of excess Depart- Sec. 1087. Mitigation of military helicopter of certification of executive quali-
ment of Defense personal property noise. fications by qualification certifi-
for law enforcement activities. Sec. 1088. Congressional expression of support cation review board of office of
Sec. 1054. Prohibition on retirement of nuclear for designation of National personnel management for initial
powered aircraft carriers before Borinqueneers Day. appointments to senior executive
first refueling. Sec. 1089. Ted Stevens Center for Arctic Secu- service positions in department of
Sec. 1055. Reauthorization of National Oceano- rity Studies. defense.
graphic Partnership Program. Sec. 1090. Establishment of vetting procedures Sec. 1119. Pilot program on enhanced pay au-
Sec. 1056. Modification and technical correction and monitoring requirements for thority for certain high-level man-
to Department of Defense author- certain military training. agement positions in the Depart-
ity to provide assistance along the Sec. 1091. Personal protective equipment mat- ment of Defense.
southern land border of the ters. Sec. 1120. Recruitment incentives for placement
United States. TITLE XI—CIVILIAN PERSONNEL MATTERS at remote locations.
Sec. 1057. Limitation on use of funds for retire- Subtitle A—General Provisions Sec. 1121. Technical amendments regarding re-
ment of A–10 aircraft. imbursement of Federal, State,
Sec. 1101. Department of Defense policy on un-
and local income taxes incurred
Sec. 1058. Considerations relating to perma- classified workspaces and job
during travel, transportation, and
nently basing United States functions of personnel with pend-
relocation.
equipment or additional forces in ing security clearances.
host countries with at-risk ven- Sec. 1102. Enhancement of public-private talent Subtitle B—Elijah E. Cummings Federal
dors in 5G or 6G networks. exchange programs in the Depart- Employee Antidiscrimination Act of 2020
Sec. 1059. Public availability of Department of ment of Defense. Sec. 1131. Short title.
Defense legislative proposals. Sec. 1103. Paid parental leave technical correc- Sec. 1132. Sense of Congress.
tions. Sec. 1133. Notification of violation.
Sec. 1060. Arctic planning, research, and devel-
Sec. 1104. Authority to provide travel and Sec. 1134. Reporting requirements.
opment.
transportation allowances in con- Sec. 1135. Data to be posted by employing Fed-
Sec. 1061. Authority to establish a movement co- nection with transfer ceremonies eral agencies.
ordination center pacific in the
dlhill on DSK120RN23PROD with HOUSE
of certain civilian employees who Sec. 1136. Data to be posted by the Equal Em-
Indo-Pacific region. die overseas. ployment Opportunity Commis-
Sec. 1062. Limitation on provision of funds to Sec. 1105. One-year extension of authority to sion.
institutions of higher education waive annual limitation on pre- Sec. 1137. Notification and Federal Employee
hosting Confucius Institutes. mium pay and aggregate limita- Antidiscrimination and Retalia-
Sec. 1063. Support for national maritime herit- tion on pay for Federal civilian tion Act of 2002 amendments.
age grants program. employees working overseas. Sec. 1138. Nondisclosure agreement limitation.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.049 H03DEPT2
H6152 CONGRESSIONAL RECORD — HOUSE December 3, 2020
TITLE XII—MATTERS RELATING TO Sec. 1223. Extension and modification of au- Sec. 1258. Limitation on use of funds to reduce
FOREIGN NATIONS thority to support operations and the total number of members of
Subtitle A—Assistance and Training activities of the Office of Security the Armed Forces serving on ac-
Sec. 1201. Authority to build capacity for addi- Cooperation in Iraq. tive duty who are deployed to
tional operations. Sec. 1224. Prohibition on provision of weapons South Korea.
Sec. 1202. Participation in European program and other forms of support to cer- Sec. 1259. Implementation of GAO recommenda-
on multilateral exchange of sur- tain organizations. tions on preparedness of United
face transportation services. Sec. 1225. Report and budget details regarding States forces to counter North Ko-
Sec. 1203. Participation in programs relating to Operation Spartan Shield. rean chemical and biological
coordination or exchange of air weapons.
Subtitle D—Matters Relating to Russia
refueling and air transportation Sec. 1260. Statement of policy and sense of Con-
Sec. 1231. Extension of limitation on military gress on the Taiwan Relations
services.
cooperation between the United Act.
Sec. 1204. Reciprocal patient movement agree-
States and the Russian Federa- Sec. 1260A. Annual briefing on Taiwan arms
ments.
Sec. 1205. Modification to the Inter-European tion. sales.
Air Forces Academy. Sec. 1232. Matters relating to United States par- Sec. 1260B. Report on United States-Taiwan
Sec. 1206. Modification of authority for partici- ticipation in the Open Skies Trea- medical security partnership.
pation in multinational centers of ty. Sec. 1260C. Establishment of capabilities to as-
excellence. Sec. 1233. Prohibition on availability of funds sess the defense technological and
Sec. 1207. Modification and extension of sup- relating to sovereignty of the Rus- industrial bases of China and
port of special operations for ir- sian Federation over Crimea. other foreign adversaries.
regular warfare. Sec. 1234. Annual report on military and secu- Sec. 1260D. Extension of annual report on mili-
Sec. 1208. Extension of authority to transfer ex- rity developments involving the tary and security developments
cess high mobility multipurpose Russian Federation. involving the People’s Republic of
wheeled vehicles to foreign coun- Sec. 1235. Modification and extension of China.
tries. Ukraine Security Assistance Ini- Sec. 1260E. Sense of Congress on the aggression
Sec. 1209. Modification and extension of update tiative. of the Government of China along
of Department of Defense Free- Sec. 1236. Report on capability and capacity re- the border with India and its
dom of Navigation Report. quirements of military forces of growing territorial claims.
Sec. 1210. Extension and modification of au- Sec. 1260F. Assessment of National Cyber Strat-
Ukraine and resource plan for se-
thority to support border security egy to deter China from engaging
curity assistance.
operations of certain foreign in industrial espionage and cyber
Sec. 1237. Report on Russian Federation sup-
countries. theft.
port of racially and ethnically Sec. 1260G. Report on United Front Work De-
Sec. 1210A. Extension of Department of Defense motivated violent extremists.
support for stabilization activities partment.
Sec. 1238. Authorization of rewards for pro- Sec. 1260H. Public reporting of Chinese military
in national security interest of the viding information on foreign companies operating in the United
United States. election interference.
Sec. 1210B. Extension of report on workforce States.
Subtitle E—Matters Relating to Europe and Sec. 1260I. Report on directed use of fishing
development.
Sec. 1210C. Plan to increase participation in NATO fleets.
international military education Sec. 1241. Determination and imposition of Subtitle G—Sudan Democratic Transition, Ac-
and training programs. sanctions with respect to Turkey’s countability, and Fiscal Transparency Act of
Sec. 1210D. Mitigation and prevention of atroc- acquisition of the S–400 air de- 2020
ities in high-risk countries. fense system. Sec. 1261. Short title.
Sec. 1210E. Implementation of the Women, Sec. 1242. Clarification and expansion of sanc- Sec. 1262. Definitions.
Peace, and Security Act of 2017. tions relating to construction of Sec. 1263. Statement of policy.
Subtitle B—Matters Relating to Afghanistan Nord Stream 2 or TurkStream Sec. 1264. Support for democratic governance,
and Pakistan pipeline projects. rule of law, human rights, and
Sec. 1243. Extension of authority for training fundamental freedoms.
Sec. 1211. Extension and modification of au-
for Eastern European national se- Sec. 1265. Support for development programs.
thority for reimbursement of cer- Sec. 1266. Support for conflict mitigation.
tain coalition nations for support curity forces in the course of mul-
Sec. 1267. Support for accountability for war
provided to United States military tilateral exercises.
crimes, crimes against humanity,
operations. Sec. 1244. Sense of Congress on support for the
and genocide in Sudan.
Sec. 1212. Extension of the Afghan Special Im- North Atlantic Treaty Organiza- Sec. 1268. Suspension of assistance.
migrant Visa Program. tion. Sec. 1269. Multilateral assistance.
Sec. 1213. Extension and modification of sup- Sec. 1245. Limitation on United States force Sec. 1270. Coordinated support to recover assets
port for reconciliation activities structure reductions in Germany. stolen from the Sudanese people.
led by the Government of Afghan- Sec. 1246. Report on United States military Sec. 1270A. Limitation on assistance to the Su-
istan. force posture in Southeastern Eu- danese security and intelligence
Sec. 1214. Extension and modification of Com- rope. services.
manders’ Emergency Response Sec. 1247. Sense of Congress on support for co- Sec. 1270B. Reports.
Program. ordinated action to ensure the se- Sec. 1270C. United States strategy for support
Sec. 1215. Limitation on use of funds to reduce curity of Baltic allies. to a civilian-led government in
deployment to Afghanistan. Sec. 1248. Sense of Congress on the role of the Sudan.
Sec. 1216. Modifications to immunity from sei- Kosovo Force of the North Atlan- Sec. 1270D. Amendments to the Darfur Peace
zure under judicial process of cul- tic Treaty Organization. and Accountability Act of 2006.
tural objects. Sec. 1270E. Repeal of Sudan Peace Act and the
Sec. 1217. Congressional oversight of United Subtitle F—Matters Relating to the Indo-Pacific
Comprehensive Peace in Sudan
States talks with Taliban officials Region
Act.
and Afghanistan’s comprehensive Sec. 1251. Pacific Deterrence Initiative. Subtitle H—United States Israel Security
peace process. Sec. 1252. Extension and modification of prohi- Assistance Authorization Act of 2020
Sec. 1218. Strategy for post-conflict engagement bition on commercial export of
on human rights in Afghanistan. certain covered munitions items to Sec. 1271. Short title.
Sec. 1219. Modification to report on enhancing Sec. 1272. Sense of Congress on United States-
the Hong Kong Police Force.
security and stability in Afghani- Israel relationship.
Sec. 1253. Authority to transfer funds for Bien Sec. 1273. Security assistance for Israel.
stan. Hoa dioxin cleanup. Sec. 1274. Extension of war reserves stockpile
Sec. 1220. Report on Operation Freedom’s Sen- Sec. 1254. Cooperative program with Vietnam to authority.
tinel. account for Vietnamese personnel Sec. 1275. Rules governing the transfer of preci-
Subtitle C—Matters Relating to Syria, Iraq, and missing in action. sion-guided munitions to Israel
Iran Sec. 1255. Sense of Congress on the United above the annual restriction.
Sec. 1221. Extension and modification of au- States-Vietnam defense relation- Sec. 1276. Eligibility of Israel for the strategic
dlhill on DSK120RN23PROD with HOUSE
thority to provide assistance to ship. trade authorization exception to
counter the Islamic State of Iraq Sec. 1256. Pilot program to improve cyber co- certain export control licensing
and Syria. operation with Vietnam, Thai- requirements.
Sec. 1222. Extension and modification of au- land, and Indonesia. Sec. 1277. United States Agency for Inter-
thority to provide assistance to Sec. 1257. Report on the costs most directly as- national Development memoranda
vetted Syrian groups and individ- sociated with the stationing of the of understanding to enhance co-
uals. Armed Forces in Japan. operation with Israel.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6153
Sec. 1278. Cooperative projects among the Sec. 1299M. United States-Israel operations- Sec. 1605. Clarification of authority for pro-
United States, Israel, and devel- technology cooperation within the curement of commercial satellite
oping countries. United States-Israel Defense Ac- communications services.
Sec. 1279. Joint cooperative program related to quisition Advisory Group. Sec. 1606. National Security Space Launch pro-
innovation and high-tech for the Sec. 1299N. Payment of passport fees for certain gram.
Middle East region. individuals. Sec. 1607. Commercial space domain awareness
Sec. 1280. Cooperation on directed energy capa- Sec. 1299O. Resumption of Peace Corps oper- capabilities.
bilities. ations. Sec. 1608. Policy to ensure launch of small-class
Sec. 1280A. Other matters of cooperation. Sec. 1299P. Establishment of the Open Tech- payloads.
Sec. 1280B. Appropriate congressional commit- nology Fund. Sec. 1609. Tactically responsive space launch
tees defined. Sec. 1299Q. United States Agency for Global
operations.
Subtitle I—Global Child Thrive Act of 2020 Media.
Sec. 1299R. Leveraging information on foreign Sec. 1610. Limitation on availability of funds
Sec. 1281. Short title. for prototype program for multi-
traffickers.
Sec. 1282. Sense of Congress. global navigation satellite system
Sec. 1299S. Rule of construction relating to use
Sec. 1283. Assistance to improve early childhood receiver development.
of military force.
outcomes globally. Sec. 1611. Resilient and survivable positioning,
Sec. 1284. Special advisor for assistance to or- TITLE XIII—COOPERATIVE THREAT
navigation, and timing capabili-
phans and vulnerable children. REDUCTION
ties.
Sec. 1285. Rule of construction. Sec. 1301. Funding allocations; specification of Sec. 1612. Leveraging commercial satellite re-
Subtitle J—Matters Relating to Africa and the cooperative threat reduction mote sensing.
Middle East funds.
Sec. 1613. Strategy to strengthen civil and na-
Sec. 1291. Briefing and report relating to reduc- TITLE XIV—OTHER AUTHORIZATIONS tional security capabilities and
tion in the total number of United Subtitle A—Military Programs operations in space.
States Armed Forces deployed to Sec. 1401. Working capital funds. Sec. 1614. Report and strategy on space com-
United States Africa Command Sec. 1402. Chemical agents and munitions de- petition with China.
area of responsibility. struction, defense. Subtitle B—Defense Intelligence and
Sec. 1292. Notification with respect to with- Sec. 1403. Drug interdiction and counter-drug Intelligence-Related Activities
drawal of members of the Armed activities, defense-wide.
Forces participating in the Multi- Sec. 1404. Defense Inspector General. Sec. 1621. Safety of navigation mission of the
national Force and Observers in Sec. 1405. Defense health program. National Geospatial-Intelligence
Egypt. Subtitle B—Armed Forces Retirement Home Agency.
Sec. 1293. Report on enhancing security part- Sec. 1622. National Academies Climate Security
Sec. 1411. Authorization of appropriations for
nerships between the United Roundtable.
Armed Forces Retirement Home.
States and African countries. Sec. 1412. Expansion of eligibility for residence Sec. 1623. Efficient use of sensitive compart-
Sec. 1294. Plan to address gross violations of at the Armed Forces Retirement mented information facilities.
human rights and civilian harm Home. Subtitle C—Nuclear Forces
in Burkina Faso, Chad, Mali, and Sec. 1413. Periodic inspections of Armed Forces
Niger. Sec. 1631. Semiannual updates on meetings held
Retirement Home facilities by na- by Nuclear Weapons Council; lim-
Sec. 1295. Statement of policy and report relat- tionally recognized accrediting or-
ing to the conflict in Yemen. itation on availability of funds re-
ganization. lating to such updates.
Sec. 1296. Report on United States military sup-
Subtitle C—Other Matters Sec. 1632. Role of Nuclear Weapons Council
port of the Saudi-led coalition in
Yemen. Sec. 1421. Authority for transfer of funds to with respect to performance re-
Sec. 1297. Sense of Congress on payment of joint Department of Defense-De- quirements and budget for nuclear
amounts owed by Kuwait to partment of Veterans Affairs med- weapons programs.
United States medical institu- ical facility demonstration fund Sec. 1633. Modification of Government Account-
tions. for Captain James A. Lovell ability Office review of annual re-
Health Care Center, Illinois. ports on nuclear weapons enter-
Subtitle K—Other Matters
TITLE XV—AUTHORIZATION OF ADDI- prise.
Sec. 1299A. Provision of goods and services at
TIONAL APPROPRIATIONS FOR OVER- Sec. 1634. Independent study on nuclear weap-
Kwajalein Atoll, Republic of the
SEAS CONTINGENCY OPERATIONS ons programs of certain foreign
Marshall Islands.
Subtitle A—Authorization of Appropriations countries.
Sec. 1299B. Report on contributions received
Sec. 1501. Purpose. Sec. 1635. Prohibition on reduction of the inter-
from designated countries.
Sec. 1299C. Modification to initiative to support Sec. 1502. Overseas contingency operations. continental ballistic missiles of the
protection of national security Sec. 1503. Procurement. United States.
academic researchers from undue Sec. 1504. Research, development, test, and Subtitle D—Missile Defense Programs
influence and other security evaluation. Sec. 1641. Alignment of the Missile Defense
threats. Sec. 1505. Operation and maintenance.
Agency within the Department of
Sec. 1299D. Extension of authorization of non- Sec. 1506. Military personnel.
Defense.
conventional assisted recovery ca- Sec. 1507. Working capital funds.
Sec. 1508. Drug interdiction and counter-drug Sec. 1642. Extension of prohibition relating to
pabilities. missile defense information and
Sec. 1299E. Annual briefings on certain foreign activities, defense-wide.
Sec. 1509. Defense Inspector General. systems.
military bases of adversaries. Sec. 1643. Extension of transition of ballistic
Sec. 1299F. Countering white identity terrorism Sec. 1510. Defense Health Program.
Subtitle B—Financial Matters missile defense programs to mili-
globally. tary departments.
Sec. 1299G. Report on progress of the Depart- Sec. 1511. Treatment as additional authoriza-
Sec. 1644. Extension of requirement for Comp-
ment of Defense with respect to tions.
troller General review and assess-
denying the strategic goals of a Sec. 1512. Special transfer authority.
ment of missile defense acquisition
competitor against a covered de- Subtitle C—Other Matters programs.
fense partner. Sec. 1521. Afghanistan Security Forces Fund. Sec. 1645. Development of hypersonic and bal-
Sec. 1299H. Comparative studies on defense
TITLE XVI—SPACE ACTIVITIES, STRA- listic missile tracking space sensor
budget transparency of the Peo-
TEGIC PROGRAMS, AND INTELLIGENCE payload.
ple’s Republic of China, the Rus-
sian Federation, and the United MATTERS Sec. 1646. Ground-based midcourse defense in-
States. Subtitle A—Space Activities terim capability.
Sec. 1299I. Assessment of weapons of mass de- Sec. 1601. Space Development Agency develop- Sec. 1647. Next generation interceptors.
struction terrorism. ment requirements and transfer to Sec. 1648. Report on and limitation on avail-
Sec. 1299J. Review of Department of Defense Space Force. ability of funds for layered home-
compliance with ‘‘Principles Re- Sec. 1602. Personnel management authority for land missile defense system.
lated to the Protection of Medical Space Development Agency for ex- Sec. 1649. Iron Dome short-range rocket defense
system and Israeli cooperative
dlhill on DSK120RN23PROD with HOUSE
Care Provided by Impartial Hu- perts in science and engineering.
manitarian Organizations During Sec. 1603. Requirement to buy certain satellite missile defense program co-devel-
Armed Conflicts’’. component from national tech- opment and co-production.
Sec. 1299K. Certification relating to assistance nology and industrial base. Sec. 1650. Report on defense of Guam from inte-
for Guatemala. Sec. 1604. Conforming amendments relating to grated air and missile threats.
Sec. 1299L. Functional Center for Security reestablishment of Space Com- Sec. 1651. Reports on cruise missile defense and
Studies in Irregular Warfare. mand. North Warning System.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.049 H03DEPT2
H6154 CONGRESSIONAL RECORD — HOUSE December 3, 2020
Subtitle E—Matters Relating to Certain Sec. 1724. Responsibility for cybersecurity and Sec. 1807. General matters.
Commercial Terrestrial Operations critical infrastructure protection Sec. 1808. Defense acquisition system.
Sec. 1661. Prohibition on availability of funds of the defense industrial base. Sec. 1809. Budgeting and appropriations.
for certain purposes relating to Sec. 1725. Pilot program on remote provision by Sec. 1810. Operational contract support.
the Global Positioning System. National Guard to National Subtitle B—Acquisition Planning
Sec. 1662. Limitation on awarding contracts to Guards of other States of cyberse-
Sec. 1811. Planning and solicitation generally.
entities operating commercial ter- curity technical assistance in
Sec. 1812. Independent cost estimation and cost
restrial communication networks training, preparation, and re-
analysis.
that cause harmful interference sponse to cyber incidents.
Sec. 1813. Other provisions relating to planning
with the Global Positioning Sys- Sec. 1726. Department of Defense cyber work-
and solicitation generally.
tem. force efforts.
Sec. 1727. Reporting requirements for cross do- Subtitle C—Contracting Methods and Contract
Sec. 1663. Independent technical review of Fed-
main incidents and exemptions to Types
eral Communications Commission
Order 20–48. policies for information tech- Sec. 1816. Awarding of contracts.
Sec. 1664. Estimate of damages from Federal nology. Sec. 1817. Specific types of contracts.
Communications Commission Sec. 1728. Assessing private-public collaboration Sec. 1818. Other matters relating to awarding of
Order 20–48. in cybersecurity. contracts.
Sec. 1729. Cyber capabilities and interoper- Sec. 1819. Undefinitized contractual actions.
Subtitle F—Other Matters ability of the National Guard. Sec. 1820. Task and delivery order contracts.
Sec. 1671. Conventional prompt strike. Sec. 1730. Evaluation of non-traditional cyber Sec. 1821. Acquisition of commercial products
Sec. 1672. Limitation on availability of funds support to the Department of De- and commercial services.
relating to reports on missile sys- fense. Sec. 1822. Multiyear contracts.
tems and arms control treaties. Sec. 1731. Integrated cybersecurity center plan. Sec. 1823. Simplified acquisition procedures.
Sec. 1673. Submission of reports under Missile Sec. 1732. Assessment of cyber operational plan- Sec. 1824. Rapid acquisition procedures.
Defense Review and Nuclear Pos- ning and deconfliction policies Sec. 1825. Contracts for long-term lease or char-
ture Review. and processes. ter of vessels, aircraft, and combat
TITLE XVII—CYBERSPACE-RELATED Sec. 1733. Pilot program on cybersecurity capa- vehicles.
MATTERS bility metrics.
Sec. 1734. Assessment of effect of inconsistent Subtitle D—General Contracting Provisions
Sec. 1701. Modification of mission of Cyber Sec. 1831. Cost or pricing data.
timing and use of Network Ad-
Command and assignment of Sec. 1832. Allowable costs.
dress Translation in Department
cyber operations forces. Sec. 1833. Proprietary contractor data and
of Defense networks.
Sec. 1702. Modification of scope of notification rights in technical data.
Sec. 1735. Integration of Department of Defense
requirements for sensitive military Sec. 1834. Contract financing.
user activity monitoring and cy-
cyber operations. Sec. 1835. Contractor audits and accounting.
bersecurity.
Sec. 1703. Modification of requirements for
Sec. 1736. Defense industrial base cybersecurity Sec. 1836. Claims and disputes.
quarterly Department of Defense
sensor architecture plan. Sec. 1837. Foreign acquisitions.
cyber operations briefings for Sec. 1737. Assessment on defense industrial base Sec. 1838. Socioeconomic programs.
Congress. participation in a threat informa-
Sec. 1704. Clarification relating to protection Subtitle E—Research and Engineering
tion sharing program.
from liability of operationally Sec. 1738. Assistance for small manufacturers in Sec. 1841. Research and engineering generally.
critical contractors. the defense industrial supply Sec. 1842. Innovation.
Sec. 1705. Strengthening Federal networks; chain on matters relating to cy- Sec. 1843. Department of Defense laboratories.
CISA cybersecurity support to bersecurity. Sec. 1844. Research and development centers
agencies. Sec. 1739. Assessment on defense industrial base and facilities.
Sec. 1706. Improvements relating to the quad- cybersecurity threat hunting pro- Sec. 1845. Test and evaluation.
rennial cyber posture review. gram. Subtitle F—Major Systems, Major Defense Ac-
Sec. 1707. Modification of authority to use oper- Sec. 1740. Defense Digital Service. quisition Programs, and Weapon Systems De-
ation and maintenance funds for Sec. 1741. Matters concerning the College of In- velopment
cyber operations-peculiar capa- formation and Cyberspace and
bility development projects. Sec. 1846. General matters.
limitation of funding for National Sec. 1847. Major systems and major defense ac-
Sec. 1708. Personnel management authority for Defense University.
Commander of United States quisition programs generally.
Sec. 1742. Department of Defense cyber hygiene Sec. 1848. Life-cycle and sustainment.
Cyber Command and development and Cybersecurity Maturity
program for offensive cyber oper- Sec. 1849. Program status–selected acquisition
Model Certification framework. reports.
ations. Sec. 1743. Extension of sunset for pilot program
Sec. 1709. Applicability of reorientation of Big Sec. 1850. Cost growth—unit cost reports
on regional cybersecurity training (Nunn-McCurdy).
Data Platform program to Depart- center for the Army National
ment of Navy. Sec. 1851. Weapon systems development and re-
Guard. lated matters.
Sec. 1710. Report on Cyber Institutes program. Sec. 1744. National cyber exercises.
Sec. 1711. Modification of acquisition authority Sec. 1745. Cybersecurity and Infrastructure Se- Subtitle G—Other Special Categories of
of Commander of United States curity Agency review. Contracting
Cyber Command. Sec. 1746. Report on enabling United States Sec. 1856. Acquisition of services generally.
Sec. 1712. Modification of requirements relating Cyber Command resource alloca- Sec. 1857. Acquisition of information tech-
to the Strategic Cybersecurity tion. nology.
Program and the evaluation of Sec. 1747. Ensuring cyber resiliency of nuclear Subtitle H—Contract Management
cyber vulnerabilities of major command and control system.
weapon systems of the Depart- Sec. 1748. Requirements for review of and limi- Sec. 1861. Contract administration.
ment of Defense. tations on the Joint Regional Se- Sec. 1862. Prohibitions and penalties.
Sec. 1713. Modification of position of Principal curity Stacks activity. Sec. 1863. Contractor workforce.
Cyber Advisor. Sec. 1749. Implementation of information oper- Sec. 1864. Other administrative matters.
Sec. 1714. Cyberspace Solarium Commission. ations matters. Subtitle I—Defense Industrial Base
Sec. 1715. Establishment in Department of Sec. 1750. Report on use of encryption by De- Sec. 1866. Defense industrial base generally.
Homeland Security of joint cyber partment of Defense national se- Sec. 1867. Policies and planning.
planning office. curity systems. Sec. 1868. Development, application, and sup-
Sec. 1716. Subpoena authority. Sec. 1751. Guidance and direction on use of di- port of dual-use technologies.
Sec. 1717. Cybersecurity State Coordinator. rect hiring processes for artificial Sec. 1869. Manufacturing technology.
Sec. 1718. Cybersecurity Advisory Committee. intelligence professionals and Sec. 1870. Other technology base policies and
Sec. 1719. Cybersecurity education and training other data science and software programs.
assistance program. development personnel. Sec. 1871. Small business programs.
Sec. 1720. Framework for cyber hunt forward Sec. 1752. National Cyber Director. Sec. 1872. Procurement technical assistance co-
operations. TITLE XVIII—TRANSFER AND REORGA- operative agreement program.
dlhill on DSK120RN23PROD with HOUSE
Sec. 1721. Rationalization and integration of NIZATION OF DEFENSE ACQUISITION Sec. 1873. Loan guarantee programs.
parallel cybersecurity architec- STATUTES
tures and operations. Subtitle J—Other Matters
Sec. 1722. Assessing risk to national security of Sec. 1801. Transfer and reorganization of de- Sec. 1876. Recodification of certain title 10 pro-
quantum computing. fense acquisition statutes. visions relating to contract fi-
Sec. 1723. Tailored cyberspace operations orga- Subtitle A—Definitions nancing for certain Navy con-
nizations. Sec. 1806. Definitions. tracts.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6155
Sec. 1877. Recodification of title 10 statute on Subtitle B—Host Country In-Kind Contributions Sec. 2814. Availability of information regarding
cadre of personnel who are intel- Sec. 2511. Republic of Korea funded construc- assessment of performance metrics
lectual property experts. tion projects. for contracts for provision or
Sec. 1878. Transfer of title 10 section relating to Sec. 2512. Qatar funded construction projects. management of privatized military
notification of Navy procurement housing.
production disruptions. TITLE XXVI—GUARD AND RESERVE Sec. 2815. Requirement that Secretary of De-
Sec. 1879. Transfer of title 10 section relating to FORCES FACILITIES fense implement recommendations
energy security. Sec. 2601. Authorized Army National Guard relating to military family hous-
Sec. 1880. Part IV heading. construction and land acquisition ing contained in report by Inspec-
Sec. 1881. Repeal of chapters 137, 139, 144, and projects. tor General of Department of De-
148. Sec. 2602. Authorized Army Reserve construc- fense.
Sec. 1882. Revision of chapter 141. tion and land acquisition projects. Sec. 2816. Promulgation of guidance to facili-
Sec. 1883. References. Sec. 2603. Authorized Navy Reserve and Marine tate return of military families
Sec. 1884. Savings provisions. Corps Reserve construction and displaced from privatized military
Sec. 1885. Rule of construction. land acquisition projects. housing.
DIVISION B—MILITARY CONSTRUCTION Sec. 2604. Authorized Air National Guard con- Sec. 2817. Promulgation of guidance on reloca-
AUTHORIZATIONS struction and land acquisition tion of residents of military hous-
projects. ing impacted by presence of mold.
Sec. 2001. Short title. Sec. 2818. Expansion of uniform code of basic
Sec. 2002. Expiration of authorizations and Sec. 2605. Authorized Air Force Reserve con-
standards for privatized military
amounts required to be specified struction and land acquisition
housing and hazard and habit-
by law. projects.
ability inspection and assessment
Sec. 2003. Effective date. Sec. 2606. Authorization of appropriations, Na- requirements to Government-
TITLE XXI—ARMY MILITARY tional Guard and Reserve. owned and Government-controlled
CONSTRUCTION Sec. 2607. Modification of authority to carry military family housing.
out fiscal year 2020 project in Ala-
Sec. 2101. Authorized Army construction and Subtitle C—Real Property and Facilities
bama.
land acquisition projects. Administration
Sec. 2102. Family housing. TITLE XXVII—BASE REALIGNMENT AND
Sec. 2821. Acceptance of property by military
Sec. 2103. Authorization of appropriations, CLOSURE ACTIVITIES
service academies, professional
Army. Sec. 2701. Authorization of appropriations for military education schools, and
Sec. 2104. Limitation on military construction base realignment and closure ac- military museums subject to nam-
project at Kwajalein Atoll. tivities funded through Depart- ing-rights condition.
Sec. 2105. Modification of authority to carry ment of Defense Base Closure Ac- Sec. 2822. Codification of reporting require-
out fiscal year 2017 project at count. ments regarding United States
Camp Walker, Korea. Sec. 2702. Prohibition on conducting additional overseas military enduring loca-
TITLE XXII—NAVY MILITARY base realignment and closure tions and contingency locations.
CONSTRUCTION (BRAC) round. Sec. 2823. Promotion of energy resilience and
Sec. 2201. Authorized Navy construction and Sec. 2703. Plan to finish remediation activities energy security in privatized util-
land acquisition projects. conducted by the Secretary of the ity systems.
Army in Umatilla, Oregon. Sec. 2824. Vesting exercise of discretion with
Sec. 2202. Family housing and improvements to
Secretaries of the military depart-
military family housing units. TITLE XXVIII—MILITARY CONSTRUCTION
ments regarding entering into
Sec. 2203. Authorization of appropriations, GENERAL PROVISIONS
longer-term contracts for utility
Navy. Subtitle A—Military Construction Program services.
TITLE XXIII—AIR FORCE MILITARY Changes Sec. 2825. Use of on-site energy production to
CONSTRUCTION Sec. 2801. Modification and clarification of con- promote military installation en-
Sec. 2301. Authorized Air Force construction struction authority in the event of ergy resilience and energy secu-
and land acquisition projects. a declaration of war or national rity.
Sec. 2302. Family housing and improvements to emergency. Sec. 2826. Improved electrical metering of De-
military family housing units. Sec. 2802. Extension of sunset for annual local- partment of Defense infrastruc-
Sec. 2303. Authorization of appropriations, Air ity adjustment of dollar thresh- ture supporting critical missions.
Force. olds applicable to unspecified Sec. 2827. Improving water management and se-
Sec. 2304. Modification of authority to carry minor military construction au- curity on military installations.
out certain fiscal year 2018 thorities. Sec. 2828. Prohibition relating to closure or re-
project. Sec. 2803. Modification of reporting require- turn to host nation of existing
Sec. 2305. Modification of authority to carry ments regarding certain military military installations, infrastruc-
out certain fiscal year 2019 construction projects and military ture, or real property in Europe.
projects. family housing projects, con- Subtitle D—Land Conveyances
Sec. 2306. Modification of authority to carry tracts, and agreements. Sec. 2831. Land conveyance, Camp Navajo, Ari-
out certain fiscal year 2020 Sec. 2804. Consideration of energy security and zona.
projects. energy resilience in life-cycle cost Sec. 2832. Modification of land exchange in-
Sec. 2307. Technical corrections related to au- for military construction. volving Naval Industrial Reserve
thority to carry out certain fiscal Sec. 2805. Congressional project authorization Ordnance Plant, Sunnyvale, Cali-
year 2020 family housing projects. required for military construction fornia.
TITLE XXIV—DEFENSE AGENCIES projects for energy resilience, en- Sec. 2833. Land conveyance, Sharpe Army
MILITARY CONSTRUCTION ergy security, and energy con- Depot, Lathrop, California.
Sec. 2401. Authorized Defense Agencies con- servation. Sec. 2834. Land exchange, San Bernardino
struction and land acquisition Sec. 2806. One-year extension of temporary, County, California.
limited authority to use operation Sec. 2835. Land conveyance, Over-the-Horizon
projects.
and maintenance funds for con- Backscatter Radar System receiv-
Sec. 2402. Authorized Energy Resilience and
struction projects in certain areas ing station, Modoc County, Cali-
Conservation Investment Program
outside the United States. fornia.
projects.
Sec. 2836. Transfer of administrative jurisdic-
Sec. 2403. Authorization of appropriations, De- Sec. 2807. Responsibility of Navy for military
tion, Naval Support Activity Pan-
fense Agencies. construction requirements for cer-
ama City, Florida, parcel.
Sec. 2404. Independent study on Western Emer- tain Fleet Readiness Centers.
Sec. 2837. Lease extension, Bryan Multi-Sports
gency Refined Fuel Reserves. Subtitle B—Military Family Housing Reforms Complex, Wayne County, North
TITLE XXV—INTERNATIONAL PROGRAMS Sec. 2811. Modifications and technical correc- Carolina.
Subtitle A—North Atlantic Treaty Organization tions related to military housing Sec. 2838. Land conveyances, Milan Army Am-
Security Investment Program privatization reform. munition Plant, Tennessee.
Subtitle E—Military Land Withdrawals
dlhill on DSK120RN23PROD with HOUSE
Sec. 2501. Authorized NATO construction and Sec. 2812. Repeal of authority to lease sub-
land acquisition projects. standard family housing units to Sec. 2841. Renewal of land withdrawal and res-
Sec. 2502. Authorization of appropriations, members of the uniformed serv- ervation to benefit Naval Air Fa-
NATO. ices. cility, El Centro, California.
Sec. 2503. Execution of projects under the North Sec. 2813. Expenditure priorities in using De- Sec. 2842. Renewal of Fallon Range Training
Atlantic Treaty Organization Se- partment of Defense Family Hous- Complex land withdrawal and
curity Investment Program. ing Improvement Fund. reservation.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.049 H03DEPT2
H6156 CONGRESSIONAL RECORD — HOUSE December 3, 2020
Sec. 2843. Renewal of Nevada Test and Train- DIVISION C—DEPARTMENT OF ENERGY Sec. 3172. Review of future of computing be-
ing Range land withdrawal and NATIONAL SECURITY AUTHORIZATIONS yond exascale at the National Nu-
reservation. AND OTHER AUTHORIZATIONS clear Security Administration.
Sec. 2844. Establishment of interagency commit- TITLE XXXI—DEPARTMENT OF ENERGY Sec. 3173. Sense of Congress on the Agreement
tees on joint use of certain land NATIONAL SECURITY PROGRAMS Suspending the Antidumping In-
withdrawn from appropriation Subtitle A—National Security Programs and vestigation on Uranium from the
under public land laws. Authorizations Russian Federation.
Subtitle F—Asia-Pacific and Indo-Pacific Issues Sec. 3101. National Nuclear Security Adminis- TITLE XXXII—DEFENSE NUCLEAR
tration. FACILITIES SAFETY BOARD
Sec. 2851. Change to biennial reporting require-
ment for Interagency Coordina- Sec. 3102. Defense environmental cleanup. Sec. 3201. Authorization.
tion Group of Inspectors General Sec. 3103. Other defense activities. Sec. 3202. Nonpublic collaborative discussions
for Guam Realignment. Sec. 3104. Nuclear energy. by Defense Nuclear Facilities
Sec. 2852. Additional exception to restriction on Subtitle B—Nuclear Weapons Stockpile Matters Safety Board.
development of public infrastruc- Sec. 3111. W93 nuclear warhead acquisition TITLE XXXIV—NAVAL PETROLEUM
ture in connection with realign- process. RESERVES
ment of Marine Corps forces in Sec. 3112. Earned value management and tech- Sec. 3401. Authorization of appropriations.
Asia-Pacific region. nology readiness levels for life ex- TITLE XXXV—MARITIME MATTERS
Sec. 2853. Development of master plan for infra- tension programs.
structure to support rotational Sec. 3113. Monitoring of industrial base for nu- Subtitle A—Maritime Administration
Armed Forces in Australia. clear weapons components, sub- Sec. 3501. Authorization of the Maritime Ad-
Sec. 2854. Bulk fuel management in United systems, and materials. ministration.
States Indo-Pacific Command Sec. 3114. Plutonium pit production. Sec. 3502. Improvements to process for waiving
Area of Responsibility. Subtitle C—Defense Environmental Cleanup navigation and vessel-inspection
Matters laws and approving foreign vessel
Subtitle G—Authorized Pilot Programs
charters for passenger vessels.
Sec. 2861. Pilot program to authorize use of cost Sec. 3121. Public statement of environmental li-
Sec. 3503. Superintendent of the United States
savings realized from intergovern- abilities for facilities undergoing
Merchant Marine Academy.
mental services agreements for in- defense environmental cleanup.
Sec. 3504. Assistance for inland and small
stallation-support services. Sec. 3122. Inclusion of missed milestones in fu-
coastal ports and terminals.
Sec. 2862. Department of Defense pilot program ture-years defense environmental
Sec. 3505. Maritime transportation system emer-
to evaluate expansion of land ex- cleanup plan.
gency relief program.
Sec. 3123. Classification of defense environ-
change authority. Sec. 3506. Sea year cadets on cable security fleet
mental cleanup as capital asset
Sec. 2863. Pilot program to support combatant and tanker security fleet vessels.
projects or operations activities.
command military construction Sec. 3507. Centers of excellence for domestic
Sec. 3124. Extension of limitation relating to re-
priorities. maritime workforce training and
classification of high-level waste.
Sec. 2864. Pilot program to test use of emer- Sec. 3125. Continued analysis of approaches for education: technical amendments.
gency diesel generators in a supplemental treatment of low-ac- Sec. 3508. Merchant mariner training and edu-
microgrid configuration at certain tivity waste at Hanford Nuclear cation.
military installations. Reservation. Sec. 3509. Publication of information about stu-
Sec. 2865. Pilot program to authorize additional dents and recent graduates of
Subtitle D—Safeguards and Security Matters Maritime Academies.
military construction projects for
child development centers at mili- Sec. 3131. Reporting on penetrations of net- Sec. 3510. Mariner licensing and credentialing
tary installations. works of contractors and sub- for M/V LISERON.
Sec. 2866. Department of the Army pilot pro- contractors. Subtitle B—Tanker Security Fleet
gram for development and use of Subtitle E—Personnel Matters Sec. 3511. Tanker Security Fleet.
online real estate inventory tool. Sec. 3141. Extension of authority for appoint- Subtitle C—Other Matters
Subtitle H—Miscellaneous Studies and Reports ment of certain scientific, engi-
neering, and technical personnel. Sec. 3521. Maritime security and domain aware-
Sec. 2871. Reports regarding decision-making ness.
Sec. 3142. Inclusion of certain employees and
process used to locate or relocate Sec. 3522. Sense of Congress regarding role of
contractors of Department of En-
major headquarters and certain domestic maritime industry in na-
ergy in definition of public safety
military units and weapon sys- tional security.
officer for purposes of certain
tems.
death benefits. DIVISION D—FUNDING TABLES
Sec. 2872. Report on effect of noise restrictions Sec. 3143. Reimbursement for liability insurance
on military installations and op- Sec. 4001. Authorization of amounts in funding
for nuclear materials couriers. tables.
erations and development and im- Sec. 3144. Transportation and moving expenses
plementation of noise mitigation TITLE XLI—PROCUREMENT
for immediate family of deceased
measures. nuclear materials couriers. Sec. 4101. Procurement.
Sec. 2873. Study and report regarding contin- Sec. 3145. Permanent extension of Office of Om- Sec. 4102. Procurement for overseas contingency
ued need for protected aircraft budsman for Energy Employees operations.
shelters in Europe and status of Occupational Illness Compensa- TITLE XLII—RESEARCH, DEVELOPMENT,
United States air base resiliency tion Program. TEST, AND EVALUATION
in Europe. Sec. 3146. Reports on diversity of certain con- Sec. 4201. Research, development, test, and
Subtitle I—Other Matters tractor employees of National Nu- evaluation.
Sec. 2881. Military construction infrastructure clear Security Administration. Sec. 4202. Research, development, test, and
and weapon system synchroni- Sec. 3147. Sense of Congress regarding com- evaluation for overseas contin-
zation for Ground Based Strategic pensation of individuals relating gency operations.
Deterrent. to uranium mining and nuclear
testing. TITLE XLIII—OPERATION AND
Sec. 2882. Defense Community Infrastructure MAINTENANCE
Program. Subtitle F—Budget and Financial Management
Matters Sec. 4301. Operation and maintenance.
Sec. 2883. Consideration of certain military Sec. 4302. Operation and maintenance for over-
family readiness issues in making Sec. 3151. Reports on financial balances for seas contingency operations.
basing decisions associated with atomic energy defense activities.
certain military units and major TITLE XLIV—MILITARY PERSONNEL
Subtitle G—Administrative Matters
headquarters. Sec. 4401. Military personnel.
Sec. 3161. Modifications to enhanced procure- Sec. 4402. Military personnel for overseas con-
Sec. 2884. Department of Defense policy for reg- ment authority to manage supply
ulation in military communities of tingency operations.
chain risk.
dangerous dogs kept as pets. Sec. 3162. Extension of pilot program on un- TITLE XLV—OTHER AUTHORIZATIONS
TITLE XXIX—OVERSEAS CONTINGENCY availability for overhead costs of Sec. 4501. Other authorizations.
dlhill on DSK120RN23PROD with HOUSE
OPERATIONS MILITARY CONSTRUCTION amounts specified for laboratory- Sec. 4502. Other authorizations for overseas
Sec. 2901. Authorized Navy construction and directed research and develop- contingency operations.
land acquisition projects. ment. TITLE XLVI—MILITARY CONSTRUCTION
Sec. 2902. Authorized Air Force construction Subtitle H—Other Matters Sec. 4601. Military construction.
and land acquisition projects. Sec. 3171. Independent study on potential envi- Sec. 4602. Military construction for overseas
Sec. 2903. Authorization of appropriations. ronmental effects of nuclear war. contingency operations.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6157
TITLE XLVII—DEPARTMENT OF ENERGY Sec. 6203. Law enforcement feedback on sus- Sec. 6510. Discretionary surplus funds.
NATIONAL SECURITY PROGRAMS picious activity reports. Sec. 6511. Severability.
Sec. 4701. Department of energy national secu- Sec. 6204. Streamlining requirements for cur- DIVISION G—ELIJAH E. CUMMINGS COAST
rity programs. rency transaction reports and sus- GUARD AUTHORIZATION ACT OF 2020
DIVISION E—NATIONAL ARTIFICIAL picious activity reports. Sec. 8001. Short title.
INTELLIGENCE INITIATIVE ACT OF 2020 Sec. 6205. Currency transaction reports and Sec. 8002. Definition of Commandant.
suspicious activity reports thresh-
Sec. 5001. Short title. olds review. TITLE LVXXXI—AUTHORIZATIONS
Sec. 5002. Definitions. Sec. 8101. Authorizations of appropriations.
Sec. 6206. Sharing of threat pattern and trend
TITLE LI—NATIONAL ARTIFICIAL information. Sec. 8102. Authorized levels of military strength
INTELLIGENCE INITIATIVE Sec. 6207. Subcommittee on Innovation and and training.
Sec. 5101. National Artificial Intelligence Initia- Technology. Sec. 8103. Determination of budgetary effects.
tive. Sec. 6208. Establishment of Bank Secrecy Act Sec. 8104. Availability of amounts for acquisi-
Sec. 5102. National Artificial Intelligence Initia- Innovation Officers. tion of additional National Secu-
tive Office. Sec. 6209. Testing methods rulemaking. rity Cutter.
Sec. 5103. Coordination by Interagency Com- Sec. 6210. Financial technology assessment. Sec. 8105. Procurement authority for Polar Se-
mittee. Sec. 6211. Financial crimes tech symposium. curity Cutters.
Sec. 5104. National Artificial Intelligence Advi- Sec. 6212. Pilot program on sharing of informa- Sec. 8106. Sense of the Congress on need for
sory Committee. tion related to suspicious activity new Great Lakes icebreaker.
Sec. 5105. National Academies artificial intel- reports within a financial group. Sec. 8107. Procurement authority for Great
ligence impact study on work- Sec. 6213. Sharing of compliance resources. Lakes icebreaker.
force. Sec. 6214. Encouraging information sharing Sec. 8108. Polar Security Cutter acquisition re-
Sec. 5106. National AI Research Resource Task and public-private partnerships. port.
Force. Sec. 6215. Financial services de-risking. Sec. 8109. Shoreside infrastructure.
TITLE LII—NATIONAL ARTIFICIAL Sec. 6216. Review of regulations and guidance. Sec. 8110. Major acquisition systems infrastruc-
INTELLIGENCE RESEARCH INSTITUTES ture.
TITLE LXIII—IMPROVING ANTI-MONEY Sec. 8111. Polar icebreakers.
Sec. 5201. National Artificial Intelligence Re- LAUNDERING AND COUNTERING THE FI- Sec. 8112. Acquisition of fast response cutter.
search Institutes. NANCING OF TERRORISM COMMUNICA-
TITLE LVXXXII—COAST GUARD
TITLE LIII—DEPARTMENT OF COMMERCE TION, OVERSIGHT, AND PROCESSES
ARTIFICIAL INTELLIGENCE ACTIVITIES Subtitle A—Military Personnel Matters
Sec. 6301. Improved interagency coordination
Sec. 5301. National institute of standards and and consultation. Sec. 8201. Grade on retirement.
technology activities. Sec. 6302. Subcommittee on Information Secu- Sec. 8202. Authority for officers to opt out of
Sec. 5302. Stakeholder outreach. rity and Confidentiality. promotion board consideration.
Sec. 5303. National oceanic and atmospheric Sec. 6303. Establishment of Bank Secrecy Act Sec. 8203. Temporary promotion authority for
administration artificial intel- Information Security Officers. officers in certain grades with
ligence center. Sec. 6304. FinCEN analytical hub. critical skills.
Sec. 6305. Assessment of Bank Secrecy Act no- Sec. 8204. Career intermission program.
TITLE LIV—NATIONAL SCIENCE FOUNDA-
action letters. Sec. 8205. Direct commissioning authority for
TION ARTIFICIAL INTELLIGENCE AC-
Sec. 6306. Cooperation with law enforcement. individuals with critical skills.
TIVITIES
Sec. 6307. Training for examiners on anti- Sec. 8206. Employment assistance.
Sec. 5401. Artificial intelligence research and
money laundering and countering Subtitle B—Organization and Management
education.
the financing of terrorism. Matters
TITLE LV—DEPARTMENT OF ENERGY AR-
Sec. 6308. Obtaining foreign bank records from Sec. 8211. Congressional affairs; Director.
TIFICIAL INTELLIGENCE RESEARCH
banks with United States cor- Sec. 8212. Limitations on claims.
PROGRAM
respondent accounts. Sec. 8213. Renewal of temporary early retire-
Sec. 5501. Department of energy artificial intel- Sec. 6309. Additional damages for repeat Bank ment authority.
ligence research program. Secrecy Act violators. Sec. 8214. Major acquisitions; operation and
DIVISION F—ANTI-MONEY LAUNDERING Sec. 6310. Certain violators barred from serving sustainment costs.
Sec. 6001. Short title. on boards of United States finan- Sec. 8215. Support of women serving in the
Sec. 6002. Purposes. cial institutions. Coast Guard.
Sec. 6003. Definitions. Sec. 6311. Department of Justice report on de- Sec. 8216. Disposition of infrastructure related
TITLE LXI—STRENGTHENING TREASURY ferred and non-prosecution agree- to E–LORAN.
FINANCIAL INTELLIGENCE, ANTI-MONEY ments. Sec. 8217. Positions of importance and responsi-
LAUNDERING, AND COUNTERING THE FI- Sec. 6312. Return of profits and bonuses. bility.
NANCING OF TERRORISM PROGRAMS Sec. 6313. Prohibition on concealment of the Sec. 8218. Research projects; transactions other
Sec. 6101. Establishment of national exam and source of assets in monetary than contracts and grants.
transactions. Sec. 8219. Acquisition workforce authorities.
supervision priorities.
Sec. 6102. Strengthening FinCEN. Sec. 6314. Updating whistleblower incentives Sec. 8220. Vessel conversion, alteration, and re-
Sec. 6103. FinCEN Exchange. and protection. pair projects.
Sec. 6104. Interagency anti-money laundering Sec. 8221. Modification of acquisition process
TITLE LXIV—ESTABLISHING BENEFICIAL
and countering the financing of and procedures.
OWNERSHIP INFORMATION REPORTING
terrorism personnel rotation pro- Sec. 8222. Establishment and purpose of Fund;
REQUIREMENTS
gram. definition.
Sec. 6401. Short title. Sec. 8223. Payments from Fund.
Sec. 6105. Terrorism and financial intelligence
Sec. 6402. Sense of Congress. Sec. 8224. Determination of contributions to
special hiring authority.
Sec. 6403. Beneficial ownership information re- Fund.
Sec. 6106. Treasury Attaché program.
Sec. 6107. Establishment of FinCEN Domestic porting requirements. Sec. 8225. Payments into Fund.
Liaisons. TITLE LXV—MISCELLANEOUS Subtitle C—Access to Child Care for Coast
Sec. 6108. Foreign Financial Intelligence Unit Sec. 6501. Investigations and prosecution of of- Guard Families
Liaisons. fenses for violations of the securi- Sec. 8231. Report on child care and school-age
Sec. 6109. Protection of information exchanged ties laws. care assistance for qualified fami-
with foreign law enforcement and Sec. 6502. GAO and Treasury studies on bene- lies.
financial intelligence units. ficial ownership information re- Sec. 8232. Review of family support services
Sec. 6110. Bank Secrecy Act application to deal- porting requirements. website and online tracking sys-
ers in antiquities and assessment Sec. 6503. GAO study on feedback loops. tem.
of Bank Secrecy Act application Sec. 6504. GAO CTR study and report. Sec. 8233. Study and survey on Coast Guard
to dealers in arts. Sec. 6505. GAO studies on trafficking. child care needs.
Sec. 6111. Increasing technical assistance for Sec. 6506. Treasury study and strategy on Sec. 8234. Pilot program to expand access to
international cooperation. trade-based money laundering. child care.
Sec. 6112. International coordination. Sec. 6507. Treasury study and strategy on Sec. 8235. Improvements to Coast Guard-owned
TITLE LXII—MODERNIZING THE ANTI-
dlhill on DSK120RN23PROD with HOUSE
money laundering by the People’s family housing.
MONEY LAUNDERING AND COUNTERING Republic of China. Sec. 8236. Briefing on transfer of family child
THE FINANCING OF TERRORISM SYSTEM Sec. 6508. Treasury and Justice study on the ef- care provider qualifications and
Sec. 6201. Annual reporting requirements. forts of authoritarian regimes to certifications.
Sec. 6202. Additional considerations for sus- exploit the financial system of the Sec. 8237. Inspections of Coast Guard child de-
picious activity reporting require- United States. velopment centers and family
ments. Sec. 6509. Authorization of appropriations. child care providers.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.049 H03DEPT2
H6158 CONGRESSIONAL RECORD — HOUSE December 3, 2020
Sec. 8238. Expanding opportunities for family Sec. 8284. Southern resident orca conservation Sec. 8415. United States commercial space-based
child care. and enforcement. radio frequency maritime domain
Sec. 8239. Definitions. Sec. 8285. Sense of Congress and report on im- awareness testing and evaluation
Subtitle D—Reports plementation of policy on program.
Sec. 8240. Modifications of certain reporting re- issuance of warrants and sub- Sec. 8416. Authorization of use of automatic
quirements. poenas and whistleblower protec- identification systems devices to
Sec. 8241. Report on cybersecurity workforce. tions by agents of the Coast mark fishing equipment.
Sec. 8242. Report on navigation and bridge re- Guard Investigative Service. Subtitle C—Arctic
source management. Sec. 8286. Inspector General report on access to
Sec. 8421. Coast Guard Arctic prioritization.
Sec. 8243. Report on helicopter life-cycle sup- Equal Opportunity Advisors and
Sec. 8422. Arctic PARS Native engagement.
port and recapitalization. Equal Employment Opportunity
Sec. 8423. Voting requirement.
Sec. 8244. Report on Coast Guard response ca- Specialists.
Sec. 8424. Report on the Arctic capabilities of
pabilities for cyber incidents on Sec. 8287. Insider Threat Program.
the Armed Forces.
vessels entering ports or waters of TITLE LVXXXIII—MARITIME Sec. 8425. Report on Arctic search and rescue.
the United States. Subtitle A—Navigation Sec. 8426. Arctic Shipping Federal Advisory
Sec. 8245. Study and report on Coast Guard Committee.
Sec. 8301. Electronic charts; equivalency.
interdiction of illicit drugs in
Sec. 8302. Subrogated claims. Subtitle D—Other Matters
transit zones.
Sec. 8303. Loan provisions under Oil Pollution Sec. 8431. Plan for wing-in-ground demonstra-
Sec. 8246. Report on liability limits set in sec-
Act of 1990. tion plan.
tion 1004 of the Oil Pollution Act
Sec. 8304. Oil pollution research and develop- Sec. 8432. Northern Michigan oil spill response
of 1990.
ment program. planning.
Sec. 8247. Report on Coast Guard defense readi-
ness resources allocation. Subtitle B—Shipping Sec. 8433. Documentation of LNG tankers.
Sec. 8248. Report on the feasibility of liquefied Sec. 8311. Passenger vessel security and safety Sec. 8434. Replacement vessel.
natural gas fueled vessels. requirements; application. Sec. 8435. Educational vessel.
Sec. 8249. Coast Guard authorities study. Sec. 8312. Small passenger vessels and Sec. 8436. Waters deemed not navigable waters
Sec. 8250. Report on effects of climate change uninspected passenger vessels. of the United States for certain
on Coast Guard. Sec. 8313. Non-operating individual. purposes.
Sec. 8251. Shore infrastructure. Sec. 8314. Conforming amendments: training; Sec. 8437. Anchorages.
Sec. 8252. Coast Guard housing; status and au- public safety personnel. Sec. 8438. Comptroller General of the United
thorities briefing. Sec. 8315. Maritime transportation assessment. States study and report on
Sec. 8253. Physical access control system report. Sec. 8316. Engine cut-off switches; use require- vertical evacuation for tsunamis
Sec. 8254. Study on Certificate of Compliance ment. at Coast Guard Stations in Wash-
inspection program with respect Sec. 8317. Authority to waive operator of self- ington and Oregon.
to vessels that carry bulk liquefied propelled uninspected passenger Sec. 8439. Authority to enter into agreements
gases as cargo and liquefied nat- vessel requirements. with National Coast Guard Mu-
ural gas tank vessels. Sec. 8318. Exemptions and equivalents. seum Association.
Sec. 8255. Comptroller General of the United Sec. 8319. Renewal of merchant mariner licenses Sec. 8440. Video equipment; access and reten-
States review and report on Coast and documents. tion of records.
Guard’s International Port Secu- Sec. 8320. Certificate extensions. Sec. 8441. Regulations for covered small pas-
rity Program. Sec. 8321. Vessel safety standards. senger vessels.
Sec. 8256. Comptroller General of the United Sec. 8322. Medical standards. TITLE LVXXXV—TECHNICAL, CON-
States review and report on surge FORMING, AND CLARIFYING AMEND-
Subtitle C—Advisory Committees
capacity of the Coast Guard. MENTS
Sec. 8257. Comptroller General of the United Sec. 8331. Advisory committees.
Sec. 8332. Maritime Transportation System Na- Sec. 8501. Transfers.
States review and report on ma-
tional Advisory Committee. Sec. 8502. Additional transfers.
rine inspections program of Coast
Sec. 8333. Expired maritime liens. Sec. 8503. License exemptions; repeal of obsolete
Guard.
Sec. 8334. Great Lakes Pilotage Advisory Com- provisions.
Sec. 8258. Comptroller General of the United
mittee. Sec. 8504. Maritime transportation system.
States review and report on infor-
Sec. 8335. National Commercial Fishing Safety Sec. 8505. References to ‘‘persons’’ and ‘‘sea-
mation technology program of
Advisory Committee. men’’.
Coast Guard.
Sec. 8336. Exemption of commercial fishing ves- Sec. 8506. References to ‘‘himself’’ and ‘‘his’’.
Sec. 8259. Comptroller General of the United
sels operating in Alaskan Region Sec. 8507. Miscellaneous technical corrections.
States study and report on access
from Global Maritime Distress and Sec. 8508. Technical corrections relating to
to health care by members of
Safety System requirements of codification of Ports and Water-
Coast Guard and dependents.
Federal Communications Commis- ways Safety Act.
Sec. 8260. Comptroller General of the United
sion. Sec. 8509. Aids to navigation.
States study and report on med-
Sec. 8510. Transfers related to employees of
ical staffing standards and needs Subtitle D—Ports Lighthouse Service.
for Coast Guard. Sec. 8341. Port, harbor, and coastal facility se- Sec. 8511. Transfers related to surviving spouses
Sec. 8261. Report on fast response cutters, off- curity. of Lighthouse Service employees.
shore patrol cutters, and national Sec. 8342. Aiming laser pointer at vessel. Sec. 8512. Repeals related to lighthouse stat-
security cutters. Sec. 8343. Safety of special activities. utes.
Subtitle E—Coast Guard Academy Improvement Sec. 8344. Security plans; reviews. Sec. 8513. Common appropriation structure.
Act Sec. 8345. Vessel traffic service. TITLE LVXXXVI—FEDERAL MARITIME
Sec. 8271. Short title. Sec. 8346. Transportation work identification COMMISSION
Sec. 8272. Coast Guard Academy study. card pilot program.
Sec. 8273. Annual report. Sec. 8601. Short title.
TITLE LVXXXIV—MISCELLANEOUS Sec. 8602. Authorization of appropriations.
Sec. 8274. Assessment of Coast Guard Academy
Subtitle A—Navigation and Shipping Sec. 8603. Unfinished proceedings.
admission processes.
Sec. 8275. Coast Guard Academy minority out- Sec. 8401. Coastwise trade. Sec. 8604. National Shipper Advisory Com-
reach team program. Sec. 8402. Towing vessels operating outside mittee.
Sec. 8276. Coast Guard college student pre-com- boundary line. Sec. 8605. Transfer of Federal Maritime Com-
missioning initiative. Sec. 8403. Sense of Congress regarding the mari- mission provisions.
Sec. 8277. Annual board of visitors. time industry of the United DIVISION H—OTHER MATTERS
Sec. 8278. Homeland Security rotational cyber- States. TITLE XC—HOMELAND SECURITY
security research program at Sec. 8404. Cargo preference study. MATTERS
Coast Guard Academy. Sec. 8405. Towing vessel inspection fees review.
Sec. 9001. Department of Homeland Security
Subtitle F—Other Matters Subtitle B—Maritime Domain Awareness CISA Director.
Sec. 8281. Strategy on leadership of Coast Sec. 8411. Unmanned maritime systems and sat- Sec. 9002. Sector risk management agencies.
dlhill on DSK120RN23PROD with HOUSE
Guard. ellite vessel tracking technologies. Sec. 9003. Review and analysis of inland waters
Sec. 8282. Expedited transfer in cases of sexual Sec. 8412. Unmanned aircraft systems testing. seaport security.
assault; dependents of members of Sec. 8413. Land-based unmanned aircraft sys- Sec. 9004. Department of Homeland Security re-
the Coast Guard. tem program of Coast Guard. ports on digital content forgery
Sec. 8283. Access to resources during creosote- Sec. 8414. Prohibition on operation or procure- technology.
related building closures at Coast ment of foreign-made unmanned Sec. 9005. GAO study of cybersecurity insur-
Guard Base Seattle, Washington. aircraft systems. ance.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6159
Sec. 9006. Strategy to secure email. TITLE XCV—NATURAL RESOURCES You-Go Act of 2010, shall be determined by ref-
Sec. 9007. Department of Homeland Security MATTERS erence to the latest statement titled ‘‘Budgetary
large-scale non-intrusive inspec- Sec. 9501. Transfer of funds for Oklahoma City Effects of PAYGO Legislation’’ for this Act,
tion scanning plan. national memorial endowment jointly submitted for printing in the Congres-
TITLE XCI—VETERANS AFFAIRS MATTERS fund. sional Record by the Chairmen of the House and
Sec. 9101. Modification of licensure require- Sec. 9502. Workforce issues for military realign- Senate Budget Committees, provided that such
ments for Department of Veterans ments in the Pacific. statement has been submitted prior to the vote
Affairs health care professionals Sec. 9503. Affirmation of authority for non-oil on passage in the House acting first on the con-
providing treatment via telemedi- and gas operations on the outer ference report or amendment between the
cine. Continental Shelf. Houses.
Sec. 9102. Additional care for newborn children TITLE XCVI—OVERSIGHT AND REFORM DIVISION A—DEPARTMENT OF DEFENSE
of veterans. MATTERS AUTHORIZATIONS
Sec. 9103. Expansion of eligibility for HUD– Sec. 9601. Inventory of program activities of TITLE I—PROCUREMENT
VASH. Federal agencies.
Sec. 9104. Study on unemployment rate of Subtitle A—Authorization of Appropriations
Sec. 9602. Preservation of electronic messages
women veterans who served on and other records. Sec. 101. Authorization of appropriations.
active duty in the Armed Forces Sec. 9603. Continuity of the economy plan. Subtitle B—Army Programs
after September 11, 2001. TITLE XCVII—FINANCIAL SERVICES Sec. 111. Modifications to requirement for an
Sec. 9105. Access of veterans to Individual Lon- MATTERS interim cruise missile defense ca-
gitudinal Exposure Record.
Subtitle A—Kleptocracy Asset Recovery pability.
Sec. 9106. Department of Veterans Affairs re-
Rewards Act Sec. 112. Report and limitations on acquisition
port on undisbursed funds.
Sec. 9107. Transfer of Mare Island Naval Ceme- Sec. 9701. Short title. of Integrated Visual Augmenta-
tery to Secretary of Veterans Af- Sec. 9702. Sense of Congress. tion System.
fairs for maintenance by National Sec. 9703. Department of the Treasury Sec. 113. Assessment of investment and
Cemetery Administration. Kleptocracy Asset Recovery Re- sustainment for procurement of
Sec. 9108. Comptroller General report on De- wards Pilot Program. cannon tubes.
partment of Veterans Affairs han- Subtitle B—Combating Russian Money Subtitle C—Navy Programs
dling of disability compensation Laundering Sec. 121. Limitation on alteration of the Navy
claims by certain veterans. Sec. 9711. Short title. fleet mix.
Sec. 9109. Additional diseases associated with Sec. 9712. Statement of policy. Sec. 122. Limitations on Navy medium and large
exposure to certain herbicide Sec. 9713. Sense of Congress. unmanned surface vessels.
agents for which there is a pre- Sec. 9714. Determination with respect to pri- Sec. 123. Fighter force structure acquisition
sumption of service connection for mary money laundering concern strategy.
veterans who served in the Repub- of Russian illicit finance. Sec. 124. Procurement authorities for certain
lic of Vietnam. Subtitle C—Other Matters amphibious shipbuilding pro-
TITLE XCII—COMMUNICATIONS MATTERS Sec. 9721. Certified notice at completion of an grams.
Sec. 9201. Reliable emergency alert distribution assessment. Sec. 125. Land-based test program for the
improvement. Sec. 9722. Ensuring Chinese debt transparency. FFG(X) Frigate program.
Sec. 9202. Wireless supply chain innovation and Sec. 9723. Accountability for World Bank Loans Sec. 126. Treatment in future budgets of the
multilateral security. to China. President of systems added by
Sec. 9203. Spectrum information technology Sec. 9724. Fairness for Taiwan nationals re- Congress.
modernization efforts. garding employment at inter- Sec. 127. Extension of prohibition on avail-
Sec. 9204. Internet of Things. national financial institutions. ability of funds for Navy water-
TITLE XCIII—INTELLIGENCE MATTERS TITLE XCIX—CREATING HELPFUL INCEN- borne security barriers.
Sec. 9301. Requirement for facilitation of estab- TIVES TO PRODUCE SEMICONDUCTORS Sec. 128. Report on strategy to use ALQ–249
lishment of social media data and FOR AMERICA Next Generation Jammer to ensure
threat analysis center. full spectrum electromagnetic su-
Sec. 9901. Definitions. periority.
Sec. 9302. Independent study on identifying Sec. 9902. Semiconductor incentives.
and addressing threats that indi- Sec. 9903. Department of Defense. Subtitle D—Air Force Programs
vidually or collectively affect na- Sec. 9904. Department of Commerce study on Sec. 131. Minimum operational squadron level.
tional security, financial security, status of microelectronics tech- Sec. 132. Modification of force structure objec-
or both. nologies in the United States in- tives for bomber aircraft.
TITLE XCIV—SCIENCE, SPACE, AND dustrial base. Sec. 133. Minimum bomber aircraft force level.
TECHNOLOGY MATTERS Sec. 9905. Funding for development and adop- Sec. 134. Required minimum inventory of tac-
Subtitle A—Cybersecurity Matters tion of measurably secure semi- tical airlift aircraft.
conductors and measurably secure Sec. 135. Inventory requirements for air refuel-
Sec. 9401. Improving national initiative for cy-
semiconductors supply chains. ing tanker aircraft.
bersecurity education.
Sec. 9906. Advanced microelectronics research Sec. 136. Authority to use F–35A fighter aircraft
Sec. 9402. Development of standards and guide-
and development. AT–1 through AT–6.
lines for improving cybersecurity
Sec. 9907. Prohibition relating to foreign enti- Sec. 137. F–35 aircraft gun system ammunition.
workforce of Federal agencies.
ties of concern. Sec. 138. Extension of limitation on availability
Sec. 9403. Modifications to Federal cyber schol-
Sec. 9908. Defense Production Act of 1950 ef- of funds for retirement of RC–135
arship-for-service program.
forts. aircraft.
Sec. 9404. Additional modifications to Federal
cyber scholarship-for-service pro- TITLE C—OTHER MATTERS Sec. 139. Modification to limitation on retire-
gram. Sec. 10001. AMBER Alert nationwide. ment of U–2 and RQ–4 aircraft.
Sec. 9405. Cybersecurity in programs of the Na- Sec. 10002. Improving authority for operation of Sec. 140. Modification of limitation on avail-
tional Science Foundation. unmanned aircraft for edu- ability of funds for retirement of
Sec. 9406. Cybersecurity in STEM programs of cational purposes. E–8 JSTARS aircraft.
the National Aeronautics and Sec. 10003. Prohibition on provision of airport Sec. 141. Limitation on divestment of F–15C air-
Space Administration. improvement grant funds to cer- craft within the European the-
Sec. 9407. National cybersecurity challenges. tain entities that have violated in- ater.
Subtitle B—Other Matters tellectual property rights of Sec. 142. Modernization plan for airborne intel-
Sec. 9411. Established Program to Stimulate United States entities. ligence, surveillance, and recon-
Competitive Research. Sec. 10004. Study and report on the afford- naissance.
Sec. 9412. Industries of the future. ability of insulin. Sec. 143. RC–26B manned intelligence, surveil-
Sec. 9413. National Institute of Standards and Sec. 10005. Waiver authority with respect to in- lance, and reconnaissance air-
Technology Manufacturing Ex- stitutions located in an area af- craft.
tension Partnership program sup- fected by Hurricane Maria. Sec. 144. Prohibition on funding for Close Air
ply chain database. Sec. 10006. Farm and ranch mental health. Support Integration Group.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
dlhill on DSK120RN23PROD with HOUSE
Sec. 9414. Study on Chinese policies and influ- Sec. 145. Required solution for KC–46 aircraft
ence in the development of inter- In this Act, the term ‘‘congressional defense remote visual system limitations.
national standards for emerging committees’’ has the meaning given that term in Sec. 146. Analysis of moving target indicator re-
technologies. section 101(a)(16) of title 10, United States Code. quirements and Advanced Battle
Sec. 9415. Coordination with Hollings Manufac- SEC. 4. BUDGETARY EFFECTS OF THIS ACT. Management System capabilities.
turing Extension Partnership The budgetary effects of this Act, for the pur- Sec. 147. Study on measures to assess cost-per-
Centers. pose of complying with the Statutory Pay-As- effect for key mission areas.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.049 H03DEPT2
H6160 CONGRESSIONAL RECORD — HOUSE December 3, 2020
Subtitle E—Defense-wide, Joint, and ‘‘(ii) additional time is required to complete aboard Flight III variant DDG–51 Destroyers,
Multiservice Matters testing, training, and preparation for oper- which are currently under construction, as well
Sec. 151. Budgeting for life-cycle costs of air- ational capability.’’. as an analysis of impacts to the warfighting ca-
craft for the Army, Navy, and Air SEC. 112. REPORT AND LIMITATIONS ON ACQUISI- pabilities of the fleet should the number of such
Force. TION OF INTEGRATED VISUAL AUG- destroyers be reduced; and
MENTATION SYSTEM. (3) a plan to fully implement section 131 of the
Sec. 152. Transfer of responsibilities and func-
tions relating to electromagnetic (a) REPORT REQUIRED.— National Defense Authorization for Fiscal Year
spectrum operations. (1) IN GENERAL.—Not later than August 15, 2020 (Public Law 116–92; 133 Stat. 1237), includ-
Sec. 153. Cryptographic modernization sched- 2021, but after completion of operational testing ing subsystem prototyping efforts and funding
ules. of the Integrated Visual Augmentation System by fiscal year.
Sec. 154. Department of Defense participation (IVAS), the Secretary of the Army shall submit SEC. 122. LIMITATIONS ON NAVY MEDIUM AND
in the Special Federal Aviation to the congressional defense committees a report LARGE UNMANNED SURFACE VES-
Regulation Working Group. on the Integrated Visual Augmentation System. SELS.
Sec. 155. Integrated air and missile defense as- (2) ELEMENTS.—The report required by para- (a) MILESTONE B APPROVAL REQUIREMENTS.—
sessment. graph (1) shall include the following: Milestone B approval may not be granted for a
Sec. 156. Joint strategy for air base defense (A) The acquisition strategy for the Integrated covered program unless such program accom-
against missile threats. Visual Augmentation System, including an esti- plishes prior to and incorporates into such ap-
Sec. 157. Joint All Domain Command and Con- mate of the average production unit cost, a proval—
trol requirements. schedule for full-rate production, and an identi- (1) qualification by the Senior Technical Au-
Sec. 158. Expansion of economic order quantity fication of any hardware and software changes thority of—
contracting authority for F–35 in the System as a result of operational testing. (A) at least one representative main propul-
aircraft program. (B) A description of the technology levels re- sion system, including the fuel and lube oil sys-
Sec. 159. Documentation relating to the F–35 quired for full-rate production of the System. tems; and
aircraft program. (C) A description of operational suitability (B) at least one representative electrical gen-
Sec. 160. F–35 aircraft munitions. and soldier acceptability for the production-rep- eration and distribution system;
Sec. 161. Redesign strategy for the Autonomic resentative model System. (2) final results of test programs of engineer-
Logistics Information System for (b) ASSESSMENT REQUIRED.—Not later than 30 ing development models or prototypes showing
the F–35 fighter aircraft. days after the submittal of the report required that critical systems designated pursuant to sub-
Sec. 162. Briefings on software regression test- by subsection (a), the Director of Operational paragraph (C) of section 8669b(c)(2) of title 10,
ing for F–35 aircraft. Test and Evaluation shall submit to the congres- United States Code, are demonstrated as re-
Sec. 163. Prohibition on use of funds for the sional defense committees an assessment of the quired by subparagraph (I) of that section; and
Armed Overwatch Program. matters described pursuant to subparagraphs (3) a determination by the milestone decision
Sec. 164. Acceleration of development and field- (B) and (C) of subsection (a)(2). authority of the minimum number of vessels,
ing of counter unmanned aircraft (c) LIMITATION ON USE OF FUNDS.—Of the discrete test events, performance parameters to
systems across the joint force. funds authorized to be appropriated by this Act be tested, and schedule required to complete ini-
Sec. 165. Airborne intelligence, surveillance, or otherwise made available for fiscal year 2021 tial operational test and evaluation and dem-
and reconnaissance acquisition for procurement of the Integrated Visual Aug- onstrate operational suitability and operational
roadmap for the United States mentation System, not more than 75 percent effectiveness.
Special Operations Command. may be obligated or expended until the date on (b) QUALIFICATION REQUIRES OPERATIONAL
Sec. 166. Prohibition on divestiture of manned which the Secretary submits to the congres- DEMONSTRATION.—The qualification required in
intelligence, surveillance, and re- sional defense committees the report required by subsection (a)(1) shall include a land-based
connaissance aircraft operated by subsection (a). operational demonstration of the systems con-
United States Special Operations SEC. 113. ASSESSMENT OF INVESTMENT AND cerned in the vessel-representative form, fit, and
SUSTAINMENT FOR PROCUREMENT function for not less than 720 continuous hours
Command.
OF CANNON TUBES. without preventative maintenance, corrective
Sec. 167. Notification on efforts to replace inop-
erable ejection seat aircraft loca- (a) ASSESSMENT REQUIRED.—The Secretary of maintenance, emergent repair, or any other
tor beacons. the Army shall conduct an assessment of the de- form of repair or maintenance.
velopment, production, procurement, and mod- (c) USE OF QUALIFIED SYSTEMS.—The Sec-
Subtitle A—Authorization of Appropriations ernization of the defense industrial base for retary of the Navy shall require that covered
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. cannon and large caliber weapon tubes. programs use only main propulsion systems and
Funds are hereby authorized to be appro- (b) SUBMITTAL TO CONGRESS.—Not later than electrical generation and distribution systems
priated for fiscal year 2021 for procurement for 90 days after the date of the enactment of this that are qualified under subsection (a)(1).
the Army, the Navy and the Marine Corps, the Act, the Secretary shall submit to the congres- (d) LIMITATION ON CONTRACT AWARD OR
Air Force and the Space Force, and Defense- sional defense committees a report setting forth FUNDING.—
wide activities, as specified in the funding table the assessment conducted under subsection (a). (1) IN GENERAL.—The Secretary may not
in section 4101. Subtitle C—Navy Programs award a detail design or construction contract,
Subtitle B—Army Programs SEC. 121. LIMITATION ON ALTERATION OF THE or obligate funds from a procurement account,
SEC. 111. MODIFICATIONS TO REQUIREMENT FOR NAVY FLEET MIX. for a covered program until such program re-
AN INTERIM CRUISE MISSILE DE- (a) LIMITATION.— ceives Milestone B approval and the milestone
FENSE CAPABILITY. (1) IN GENERAL.—The Secretary of the Navy decision authority notifies the congressional de-
(a) PLAN.—Not later than January 15, 2021, may not deviate from the large surface combat- fense committees, in writing, of the actions
the Secretary of the Army shall submit to the ant requirements included in the 2016 Navy taken to comply with the requirements under
congressional defense committees the plan, in- Force Structure Assessment until the date on this section.
cluding a timeline, to operationally deploy or which the Secretary submits to the congres- (2) EXCEPTION.—The limitation in paragraph
forward station the interim cruise missile de- sional defense committees the certification under (1) does not apply to advanced procurement for
fense capability procured pursuant to section paragraph (2) and the report under subsection government-furnished equipment.
112 of the John S. McCain National Defense Au- (b). (e) DEFINITIONS.—In this section:
thorization Act for Fiscal Year 2019 (Public Law (2) CERTIFICATION.—The certification referred (1) COVERED PROGRAM.—The term ‘‘covered
115–232; 132 Stat. 1660) in an operational theater to in paragraph (1) is a certification, in writing, program’’ means a program for—
or theaters. that the Navy can mitigate the reduction in (A) medium unmanned surface vessels; or
(b) MODIFICATION OF WAIVER.—Paragraph (4) multi-mission large surface combatant require- (B) large unmanned surface vessels.
of section 112(b) of the John S. McCain National ments, including anti-air and ballistic missile (2) MILESTONE B APPROVAL.—The term ‘‘Mile-
Defense Authorization Act for Fiscal Year 2019 defense capabilities, due to having a reduced stone B approval’’ has the meaning given the
(132 Stat. 1661) is amended to read as follows: number of DDG–51 Destroyers with the ad- term in section 2366(e)(7) of title 10, United
‘‘(4) WAIVER.—The Secretary of the Army may vanced AN/SPY–6 radar in the next three dec- States Code.
waive the deadlines specified in paragraph (1): ades. (3) MILESTONE DECISION AUTHORITY.—The
‘‘(A) For the deadline specified in paragraph (b) REPORT.—Not later than 90 days after the term ‘‘milestone decision authority’’ means the
(1)(A), if the Secretary determines that suffi- date of the enactment of this Act, the Secretary official within the Department of Defense des-
cient funds have not been appropriated to en- of the Navy shall submit to the congressional ignated with the overall responsibility and au-
able the Secretary to meet such deadline. defense committees a report that includes— thority for acquisition decisions for an acquisi-
dlhill on DSK120RN23PROD with HOUSE
‘‘(B) For the deadline specified in paragraph (1) a description of likely detrimental impacts tion program, including authority to approve
(1)(B), if the Secretary submits to the congres- to the large surface combatant industrial base, entry of the program into the next phase of the
sional defense committees a certification that— and a plan to mitigate such impacts, if the fiscal acquisition process.
‘‘(i) allocating resources toward procurement year 2021 future-years defense program is imple- (4) SENIOR TECHNICAL AUTHORITY.—The term
of an integrated enduring capability would pro- mented as proposed; ‘‘Senior Technical Authority’’ has the meaning
vide robust tiered and layered protection to the (2) a review of the benefits to the Navy fleet provided for in section 8669b of title 10, United
joint force; or of the new AN/SPY–6 radar to be deployed States Code.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6161
SEC. 123. FIGHTER FORCE STRUCTURE ACQUISI- (c) AUTHORITY FOR ADVANCE PROCUREMENT.— SEC. 127. EXTENSION OF PROHIBITION ON AVAIL-
TION STRATEGY. The Secretary of the Navy may enter into one or ABILITY OF FUNDS FOR NAVY WA-
(a) SUBMITTAL OF STRATEGY REQUIRED.—Not TERBORNE SECURITY BARRIERS.
more contracts for advance procurement associ-
later than March 1, 2021, the Secretary of the ated with a vessel or vessels for which author- Section 130(a) of the John S. McCain National
Navy shall submit to the congressional defense ization to enter into a contract is provided Defense Authorization Act for Fiscal Year 2019
committees a strategy for the Navy for tactical under subsection (a), and for systems and sub- (Public Law 115–232; 132 Stat. 1665), as amended
fighter aircraft force structure acquisition that systems associated with such vessels in economic by section 126 of the National Defense Author-
aligns with the stated capability and capacity order quantities when cost savings are achiev- ization Act for Fiscal Year 2020 (Public Law
requirements of the Department of the Navy to able. 116–92; 133 Stat. 1235), is further amended by
meet the National Defense Strategy. (d) CONDITION FOR OUT-YEAR CONTRACT PAY- striking ‘‘for fiscal year 2019 or fiscal year 2020’’
(b) LIMITATION ON DEVIATION FROM STRAT- MENTS.—A contract entered into under sub- and inserting ‘‘for fiscal years 2019, 2020, or
EGY.—The Secretary of the Navy may not devi- section (a) shall provide that any obligation of 2021’’.
ate from the strategy submitted under subsection the United States to make a payment under the SEC. 128. REPORT ON STRATEGY TO USE ALQ–249
(a) until— contract for a fiscal year is subject to the avail- NEXT GENERATION JAMMER TO EN-
(1) the Secretary of Defense, in consultation SURE FULL SPECTRUM ELECTRO-
ability of appropriations for that purpose for
MAGNETIC SUPERIORITY.
with the Chairman of the Joint Chiefs of Staff, such fiscal year.
approves the deviation, in writing; and (e) MILESTONE DECISION AUTHORITY DE- (a) REPORT.—Not later than July 30, 2021, the
(2) the Secretary of Defense provides the con- FINED.—In this section. the term ‘‘milestone de-
Secretary of the Navy, in consultation with the
gressional defense committees the approval of cision authority’’ has the meaning given the Vice Chairman of the Joint Chiefs, shall submit
the deviation, together with a justification for term in section 2366a(d) of title 10, United States to the congressional defense committees a report
the deviation. Code. with a strategy to ensure full spectrum electro-
SEC. 124. PROCUREMENT AUTHORITIES FOR CER- SEC. 125. LAND-BASED TEST PROGRAM FOR THE
magnetic superiority using the ALQ–249 Next
TAIN AMPHIBIOUS SHIPBUILDING FFG(X) FRIGATE PROGRAM. Generation Jammer.
PROGRAMS. (a) TEST PROGRAM FOR ENGINEERING PLANT (b) ELEMENTS.—The report required by sub-
(a) CONTRACT AUTHORITY.— REQUIRED.—Prior to the delivery date of the section (a) shall include the following elements:
(1) PROCUREMENT AUTHORIZED.—In fiscal year (1) A description of the current procurement
lead ship in the FFG(X) Frigate class of vessels,
2021, the Secretary of the Navy may enter into strategy for the ALQ–249, and the analysis of its
the Secretary of the Navy shall commence a
one or more contracts for the procurement of capability to meet the radio frequency (RF)
land-based test program for the engineering
three San Antonio-class amphibious ships and ranges required in highly contested and denied
plant of such class of vessels.
one America-class amphibious ship. (b) ADMINISTRATION.—The test program re- environment conflicts.
(2) PROCUREMENT IN CONJUNCTION WITH EXIST- quired by subsection (a) shall be administered (2) An assessment of the compatibility and
ING CONTRACTS.—The ships authorized to be by the Senior Technical Authority for the ability of the ALQ–249 to synchronize non-ki-
procured under paragraph (1) may be procured FFG(X) Frigate class of vessels. netic fires using other Joint Electronic Warfare
as additions to existing contracts covering such (c) ELEMENTS.—The test program required by (EW) platforms.
programs. subsection (a) shall include, at a minimum, test- (3) A future model of an interlinked/inter-
(b) CERTIFICATION REQUIRED.—A contract ing of the following equipment in vessel-rep- dependent electronic warfare menu of options
may not be entered into under subsection (a) resentative form: for commanders at tactical, operational, and
unless the Secretary of the Navy certifies to the (1) Main Reduction Gear. strategic levels.
congressional defense committees, in writing, (2) Electrical Propulsion Motors. Subtitle D—Air Force Programs
not later than 30 days before entry into the con- (3) Other propulsion drive train components. SEC. 131. MINIMUM OPERATIONAL SQUADRON
tract, each of the following, which shall be pre- (4) Main propulsion system. LEVEL.
pared by the milestone decision authority for (5) Auxiliary propulsion unit. (a) POLICY ON AIR FORCE AVIATION FORCE
such programs: (6) Electrical generation system, STRUCTURE.—As soon as practicable after the
(7) Shipboard control systems.
(1) The use of such a contract is consistent date of the enactment of this Act and subject to
(8) Power control modules,
with the projected force structure requirements (d) TEST OBJECTIVES.—The test program re- the availability of appropriations, the Secretary
of the Department of the Navy for amphibious quired by subsection (a) shall include, at a min- of the Air Force shall seek to achieve the capa-
ships. imum, the following test objectives demonstrated bilities provided by a minimum of 386 available
(2) The use of such a contract will result in across the full range of engineering plant oper- operational squadrons, or equivalent organiza-
significant savings compared to the total antici- ations for the FFG(X) Frigate class of vessels: tional units. In addition, the Secretary shall
pated costs of carrying out the program through (1) Test of the full propulsion drive train. seek to achieve not fewer than 3,580 combat
annual contracts. In certifying cost savings (2) Test and facilitation of machinery control coded aircraft within the Air Force.
under the preceding sentence, the Secretary systems integration. (b) EXCEPTION TO POLICY.—If, based on the
shall include a written explanation of— (3) Simulation of the full range of electrical fielding of new capabilities and formal force
(A) the estimated end cost and appropriated demands to enable the investigation of load dy- structure capability assessments supporting the
funds by fiscal year, by hull, without the au- namics between the Hull, Mechanical and Elec- most recent National Defense Strategy, the Sec-
thority provided in subsection (a); trical equipment, Combat System, and auxiliary retary of the Air Force, in consultation with the
(B) the estimated end cost and appropriated equipment. Chief of Staff of the Air Force and the Chair-
funds by fiscal year, by hull, with the authority (e) COMPLETION DATE.—The Secretary shall man of the Joint Chiefs of Staff, makes a deter-
provided in subsection (a); complete the test program required by subsection mination that a modification to the quantity of
(C) the estimated cost savings or increase by (a) by not later than the date on which the lead operational squadrons or combat-coded aircraft
fiscal year, by hull, with the authority provided ship in the FFG(X) Frigate class of vessels is in subsection (a) is necessary, the Secretary
in subsection (a); scheduled to be available for tasking by oper- shall submit a report at the earliest opportunity
(D) the discrete actions that will accomplish ational military commanders. to the congressional defense committees describ-
such cost savings or avoidance; and (f) DEFINITIONS.—In this section: ing the modifications of the revised force struc-
(E) the contractual actions that will ensure (1) DELIVERY DATE.—The term ‘‘delivery date’’ ture and how the quantity of combat coded air-
the estimated cost savings are realized. has the meaning provided for in section 8671 of craft and operational squadrons developed sup-
(3) There is a reasonable expectation that title 10, United States Code. ports a moderate operational risk force structure
throughout the contemplated contract period (2) SENIOR TECHNICAL AUTHORITY.—The term in support of the National Defense Strategy.
the Secretary will request funding for the con- ‘‘Senior Technical Authority’’ has the meaning (c) EXPIRATION OF POLICY.—The policy in
tract at the level required to avoid contract can- provided for in section 8669b of title 10, United subsection (a) shall expire on September 30, 2025.
cellation. States Code. (d) MODERATE OPERATIONAL RISK DEFINED.—
(4) There is a stable design for the property to SEC. 126. TREATMENT IN FUTURE BUDGETS OF In this section, the term ‘‘moderate operational
be acquired and the technical risks associated THE PRESIDENT OF SYSTEMS ADDED risk’’ shall be construed as defined in the most
with such property are not excessive. BY CONGRESS. recent publication of the Chairman of the Joint
(5) The estimates of both the cost of the con- In the event the procurement quantity for a Chiefs of Staff Manual 3105.01 titled ‘‘Joint Risk
tract and the anticipated cost avoidance system authorized by Congress in a National Analysis’’.
through the use of a contract authorized under Defense Authorization Act for a fiscal year, and SEC. 132. MODIFICATION OF FORCE STRUCTURE
subsection (a) are realistic. for which funds for such procurement quantity OBJECTIVES FOR BOMBER AIR-
(6) The use of such a contract will promote are appropriated by Congress in the Ship- CRAFT.
the national security of the United States. building and Conversion, Navy account for such (a) MINIMUM LEVEL FOR ALL BOMBER AIR-
(7) During the fiscal year in which such con- fiscal year, exceeds the procurement quantity CRAFT.—
dlhill on DSK120RN23PROD with HOUSE
tract is to be awarded, sufficient funds will be specified in the budget of the President, as sub- (1) IN GENERAL.—During the period beginning
available to perform the contract in such fiscal mitted to Congress under section 1105 of title 31, on the date of the enactment of this Act and
year, and the future-years defense program (as United States Code, for such fiscal year, such ending on October 1, 2025, the Secretary of the
defined under section 221 of title 10, United excess procurement quantity shall not be speci- Air Force shall, except as provided in paragraph
States Code) for such fiscal year will include the fied as a new procurement quantity in any (2), maintain not less than 92 bomber aircraft
funding required to execute the program with- budget of the President, as so submitted, for any based on the Primary Mission Aircraft Inven-
out cancellation. fiscal year after such fiscal year. tory (PMAI) of the Air Force.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
H6162 CONGRESSIONAL RECORD — HOUSE December 3, 2020
(2) EXCEPTION.—The Secretary may reduce reducing the total tactical airlift aircraft inven- (b) NOTICE ON APPROVAL.—Not later than 15
the number of aircraft required by the Primary tory entirely from the National Guard. days after the Secretary of Defense provides
Mission Aircraft Inventory below the number (d) SUNSET.—This section shall not apply written approval to the Secretary of the Air
specified in paragraph (1) if the Secretary deter- after October 1, 2021. Force as described in subsection (a), the Sec-
mines, on a case-by-case basis, that a bomber SEC. 135. INVENTORY REQUIREMENTS FOR AIR retary of Defense shall provide a copy of the
aircraft is no longer to be so required because REFUELING TANKER AIRCRAFT. written approval to the congressional defense
such aircraft is no longer mission capable due to (a) IN GENERAL.—During the period beginning committees.
mishap or other damage, or being uneconomical on the date of the enactment of this Act and SEC. 137. F–35 AIRCRAFT GUN SYSTEM AMMUNI-
to repair. ending on October 1, 2025, the Secretary of the TION.
(b) REPEAL OF MINIMUM B–1 INVENTORY RE- Air Force shall maintain not less than 412 tank- The Director of the F–35 Joint Program Office
QUIREMENT.—Section 9062 of title 10, United er aircraft based on Primary Mission Aircraft shall, in consultation with the Secretary of the
States Code, is amended by striking subsection Inventory (PMAI) of the Air Force. Air Force, take appropriate actions to ensure
(h). (b) MINIMUM INVENTORY REQUIREMENTS FOR that any 25mm ammunition fielded for use by F–
(c) PRESERVATION OF CERTAIN B–1 AIRCRAFT KC–10A AIRCRAFT.—Except as provided in sub- 35A aircraft—
AND MAINTENANCE PERSONNEL.—Until the date section (e)(1): (1) provides effective full-spectrum target en-
on which the Secretary determines that the B– (1) FISCAL YEAR 2021.—During the period be- gagement capability; and
21 bomber aircraft has attained initial operating ginning on the date of the enactment of this Act (2) meets the required operational employment
capability, the Secretary— and ending on October 1, 2021, the Secretary of probability of kill specifications for the F–35A
(1) shall preserve four B–1 aircraft that are re- the Air Force shall maintain a minimum of 50 aircraft.
tired pursuant to subsection (a), in a manner KC–10A aircraft designated as primary mission SEC. 138. EXTENSION OF LIMITATION ON AVAIL-
that ensures the components and parts of each aircraft inventory. ABILITY OF FUNDS FOR RETIRE-
such aircraft are maintained in reclaimable con- (2) FISCAL YEAR 2022.—During the period be- MENT OF RC–135 AIRCRAFT.
dition that is consistent with type 2000 recall- ginning on October 1, 2021, and ending on Octo- Section 148(a) of the National Defense Au-
able storage, or better; and ber 1, 2022, the Secretary of the Air Force shall thorization Act for Fiscal Year 2020 (Public Law
(2) may not reduce the number of billets as- maintain a minimum of 38 KC–10A aircraft des- 116–92; 133 Stat. 1243) is amended by inserting ‘‘,
signed to maintenance of B–1 aircraft in effect ignated as primary mission aircraft inventory. or for fiscal year 2021,’’ after ‘‘for fiscal year
on January 1, 2020. (3) FISCAL YEAR 2023.—During the period be- 2020’’.
SEC. 133. MINIMUM BOMBER AIRCRAFT FORCE
ginning on October 1, 2022, and ending on Octo- SEC. 139. MODIFICATION TO LIMITATION ON RE-
ber 1, 2023, the Secretary of the Air Force shall TIREMENT OF U–2 AND RQ–4 AIR-
LEVEL.
maintain a minimum of 26 KC–10A aircraft des- CRAFT.
(a) IN GENERAL.—Not later than February 1, Section 136 of the National Defense Author-
2021, the Secretary of the Air Force shall submit ignated as primary mission aircraft inventory.
(c) PROHIBITION ON RETIREMENT OF KC–135 ization Act for Fiscal Year 2018 (Public Law
to the congressional defense committees a report 115–91; 131 Stat. 1317) is amended by striking
AIRCRAFT.—Except as provided in subsection
with recommendations for the bomber aircraft subsection (b) and inserting the following new
(e), during the period beginning on the date of
force structure that enables the Air Force to subsection (b):
the enactment of this Act and ending on Octo-
meet the requirements of its long-range strike ‘‘(b) WAIVER.—The Secretary of Defense may
ber 1, 2023, the Secretary of the Air Force may
mission under the National Defense Strategy. waive a certification requirement under para-
not retire, or prepare to retire, any KC–135 air-
(b) ELEMENTS.—The report required by sub- graphs (1) or (2) of subsection (a) with respect to
craft.
section (a) shall include each of the following U–2 aircraft or RQ–4 aircraft if the Secretary—
(d) KC–135 AIRCRAFT FLEET MANAGEMENT.—
elements: None of the funds authorized to be appropriated ‘‘(1) with respect to the requirement under
(1) The bomber force structure necessary to by this Act or otherwise made available for fis- paragraph (1) of that subsection—
meet the requirements of the long-range strike cal year 2021 for the Air Force may be obligated ‘‘(A) determines, after analyzing sufficient
mission of the Air Force under the National De- or expended to reduce the number of KC–135 air- and relevant data, that a greater capability is
fense Strategy, including— craft designated as primary mission aircraft in- worth increased operating and sustainment
(A) the total minimum number of bomber air- ventory. costs; and
craft; and (e) EXCEPTIONS.— ‘‘(B) provides to the appropriate committees of
(B) the minimum number of primary mission (1) KC–10A AIRCRAFT.—The requirement in Congress a certification on such determination
aircraft. subsection (b) shall not apply to an aircraft oth- and supporting analysis; and
(2) The penetrating bomber force structure erwise required to be maintained by that sub- ‘‘(2) with respect to the requirement under
necessary to meet the requirements of the long- section if the the Secretary of the Air Force de- paragraph (2) of that subsection—
range strike mission of the Air Force in con- termines, on a case-by-case basis, that such air- ‘‘(A) determines, after analyzing sufficient
tested or denied environments under the Na- craft is no longer mission capable due to mishap and relevant data, that a loss in capacity and
tional Defense Strategy, including— or other damage, or being uneconomical to re- capability will not prevent the combatant com-
(A) the total minimum number of penetrating pair. mands from accomplishing their missions at ac-
bomber aircraft; and (2) KC–135 AIRCRAFT.—The requirement in ceptable levels of risk; and
(B) the minimum number of primary mission subsection (c) shall not apply to an aircraft oth- ‘‘(B) provides to the appropriate committees of
penetrating bomber aircraft. erwise required to be maintained by that sub- Congress a certification of such determination
(3) A roadmap outlining how the Air Force section if the Secretary of the Air Force— and supporting analysis.’’.
plans to reach the force structure identified (A) at any time during the period beginning SEC. 140. MODIFICATION OF LIMITATION ON
under paragraphs (1) and (2), including an es- AVAILABILITY OF FUNDS FOR RE-
on the date of the enactment of this Act and
tablished goal date for achieving the minimum TIREMENT OF E–8 JSTARS AIRCRAFT.
ending on October 1, 2023, determines, on a
number of bomber aircraft. Section 147 of the John S. McCain National
case-by-case basis, that such aircraft is no
(c) FORM.—The report under subsection (a) Defense Authorization Act for Fiscal Year 2019
longer mission capable due to mishap or other
shall be submitted in unclassified form, but may (Public Law 115–232; 132 Stat. 1669) is amend-
damage, or being uneconomical to repair; or
include a classified annex. (B) during fiscal year 2023, certifies in writing ed—
(d) PUBLICATION.—The Secretary shall make (1) in subsection (a), by striking ‘‘certifies to
to the congressional defense committees, not
available to the public the unclassified form of the congressional defense committees that Incre-
later than 30 days before the date of divestment
the report submitted under subsection (a). ment 2 of the Advanced Battle-Management
of such aircraft, that the Air Force can meet
(e) BOMBER AIRCRAFT DEFINED.—In this sec- System of the Air Force has declared initial
combatant command tanker aircraft require-
tion, the term ‘‘bomber aircraft’’ includes pene- operational capability as defined in the Capa-
ments by leveraging Air National Guard and Air
trating bombers in addition to B–52H aircraft. bility Development Document for the System’’
Force Reserve capacity with increased Military
and inserting ‘‘certifies to the congressional de-
SEC. 134. REQUIRED MINIMUM INVENTORY OF Personnel Appropriation (MPA) Man-day Tours
TACTICAL AIRLIFT AIRCRAFT. fense committees that—
to the reserve force. ‘‘(1) the Secretary has identified—
(a) IN GENERAL.—The Secretary of the Air (f) PRIMARY MISSION AIRCRAFT INVENTORY ‘‘(A) a capability with sufficient capacity to
Force shall maintain— DEFINED.—In this section, the term ‘‘primary replace the current fleet of 16 E–8 Joint Surveil-
(1) a total primary mission aircraft inventory mission aircraft inventory’’ has the meaning lance Target Attack Radar System aircraft in a
of 230 aircraft; and given that term in section 9062(i)(2)(B) of title manner that meets global combatant command
(2) a total tactical airlift aircraft inventory of 10, United States Code. requirements; and
not less than 287 aircraft. SEC. 136. AUTHORITY TO USE F–35A FIGHTER AIR- ‘‘(B) potential global basing locations for such
(b) EXCEPTION.—The Secretary of the Air CRAFT AT–1 THROUGH AT–6.
capability; and
Force may reduce the number of C-130 aircraft (a) IN GENERAL.—Subject to written approval ‘‘(2) such replacement capability delivers ca-
dlhill on DSK120RN23PROD with HOUSE
in the Air Force below the minimum number by the Secretary of Defense to the Secretary of pabilities that are comparable or superior to the
specified in subsection (a) if the Secretary of the the Air Force, the Secretary of the Air Force is capabilities delivered by such aircraft.’’; and
Air Force determines, on a case-by-case basis, authorized to utilize, modify, and operate the (2) in subsection (c)—
that an aircraft is no longer mission capable be- six F–35A aircraft designated as AT–1 through (A) in paragraph (3), by striking ‘‘Increment
cause of a mishap or other damage. AT–6 that are possessed by the United Govern- 1, 2, and 3’’; and
(c) SAVINGS CLAUSE.—During fiscal year 2021, ment and currently reside in long-term storage (B) in paragraph (4), by striking ‘‘until Incre-
the Secretary of the Air Force is prohibited from at Edwards Air Force Base, California. ment 2 of the Advanced Battle-Management
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6163
System declares initial operational capability’’ (b) EXCEPTION.—The limitation in subsection cost-per-effect for key mission areas of the Air
and inserting ‘‘until the Advanced Battle Man- (a) shall not apply to individual RC–26B air- Force. The study shall be conducted by a Feder-
agement System delivers equivalent capability’’. craft that the Secretary of the Air Force deter- ally funded research and development center se-
SEC. 141. LIMITATION ON DIVESTMENT OF F–15C mines, on a case-by-case basis, to be no longer lected by the Secretary for purposes of the
AIRCRAFT WITHIN THE EUROPEAN mission capable because of mishap or other dam- study.
THEATER. age. (b) SCOPE.—The study conducted pursuant to
(a) IN GENERAL.—The Secretary of the Air (c) FUNDING FOR AIRCRAFT PLATFORM.— subsection (a) shall address the following mat-
Force may not divest any F–15C aircraft within (1) Of the amount authorized to be appro- ters:
the area of responsibility of the United States priated for fiscal year 2021 by section 301 for op- (1) Number of weapon systems required to
European Command until 180 days after the re- eration and maintenance and available for oper- meet a specified mission goal.
port required by subsection (b) is submitted to ation and maintenance, Air National Guard, as (2) Number of personnel required to meet a
the congressional defense committees. specified in the funding table in section 4301, specified mission goal.
(b) REPORT.— the Secretary of the Air Force may transfer up (3) Associated operation and maintenance
(1) IN GENERAL.—Not later than March 1, to $18,500,000 to be used in support of the RC– costs necessary to facilitate respective oper-
2021, the Commander of the United States Euro- 26B manned intelligence, surveillance, and re- ational constructs.
pean Command shall, in consultation with the connaissance platform. (4) Basing requirements for respective force
Commander of United States Air Forces Europe, (2) Of the amount authorized to be appro- constructs.
submit to the congressional defense committees a priated for fiscal year 2021 by section 421 and (5) Mission support elements required to facili-
report that describes the strategy, force struc- available for military personnel for military per- tate specified operations.
ture construct and capacity, and strategy imple- sonnel, Air National Guard, specified in the (6) Defensive measures required to facilitate
mentation plan to replace the capability and ca- funding table in section 4401, the Secretary of viable mission operations.
pacity provided by the F–15C aircraft in the the Air Force may transfer up to $13,000,000 to (7) Attrition due to enemy countermeasures
area of responsibility of the United States Euro- be used in support of personnel who operate and and other loss factors associated with respective
pean Command in a manner that maintains an maintain the RC–26B manned intelligence, sur- technologies.
inherent and equal or better air superiority ca- veillance, and reconnaissance platform. (8) Associated weapon effects costs compared
pability and capacity to that provided by the F– (d) MEMORANDA OF AGREEMENT.—Notwith- to alternative forms of power projection.
15C aircraft in that area of responsibility. standing any other provision of law, the Sec- (c) IMPLEMENTATION OF MEASURES.—The Sec-
(2) FORM.—The report under paragraph (1) retary of Defense may enter into one or more retary shall, as the Secretary considers appro-
shall submitted in unclassified form, but may memoranda of agreement or cost sharing agree- priate, incorporate the findings of the study
contain a classified annex. ments with other departments and agencies of conducted pursuant to subsection (a) into the
SEC. 142. MODERNIZATION PLAN FOR AIRBORNE the Federal Government under which the RC– future force development processes of the Air
INTELLIGENCE, SURVEILLANCE, AND 26B aircraft may be used to assist with the mis- Force. The measures—
RECONNAISSANCE.
sions and activities of such departments and (1) should be domain and platform agnostic;
(a) MODERNIZATION PLAN.— agencies. (2) should focus on how best to achieve mis-
(1) IN GENERAL.—The Secretary of the Air sion goals in future operations; and
SEC. 144. PROHIBITION ON FUNDING FOR CLOSE
Force shall develop a comprehensive plan for (3) shall consider including cost-per-effect
AIR SUPPORT INTEGRATION GROUP.
the modernization of airborne intelligence, sur- metrics as a key performance parameter for any
No funds authorized to be appropriated by
veillance, and reconnaissance, which shall— Air Force acquisition programs that enter the
(A) ensure the alignment between require- this Act may be obligated or expended for the
Close Air Support Integration Group (CIG) or its Joint Capabilities Integration and Development
ments, both current and future, and Air Force
subordinate units at Nellis Air Force Base, Ne- System (JCIDS) requirements process of the De-
budget submissions to meet such requirements;
vada, and the Air Force may not utilize per- partment of Defense.
and
(B) inform the preparation of future defense sonnel or equipment in support of the CIG or its Subtitle E—Defense-wide, Joint, and
program and budget requests by the Secretary, subordinate units. Multiservice Matters
and the consideration of such requests by Con- SEC. 145. REQUIRED SOLUTION FOR KC–46 AIR- SEC. 151. BUDGETING FOR LIFE-CYCLE COSTS OF
CRAFT REMOTE VISUAL SYSTEM LIM- AIRCRAFT FOR THE ARMY, NAVY,
gress.
ITATIONS. AND AIR FORCE.
(2) ELEMENTS.—The plan required by para-
graph (1) shall include the following: The Secretary of the Air Force shall develop (a) IN GENERAL.—Chapter 9 of title 10, United
(A) An assessment of all airborne intelligence, and implement a complete, permanent solution States Code, is amended by inserting after sec-
surveillance, and reconnaissance missions, both to the KC–46 aircraft remote visual system tion 231 the following new section:
current missions and future missions anticipated (RVS) operational limitations. Not later than
‘‘§ 231a. Budgeting for life-cycle costs of air-
to be necessary to support the national defense February 1, 2021, the Secretary shall submit to
craft for the Army, Navy, and Air Force: an-
strategy. the congressional defense committees an imple-
nual plan and certification
(B) An analysis of platforms, capabilities, and mentation strategy for the solution.
SEC. 146. ANALYSIS OF MOVING TARGET INDI- ‘‘(a) ANNUAL AIRCRAFT PROCUREMENT PLAN
capacities necessary to fulfill such current and
CATOR REQUIREMENTS AND AD- AND CERTIFICATION.—Not later than 30 days
future missions.
(C) The anticipated life-cycle budget associ- VANCED BATTLE MANAGEMENT SYS- after the date on which the President submits to
ated with each platform, capability, and capac- TEM CAPABILITIES. Congress the budget for a fiscal year, the Sec-
ity requirement for both current and anticipated (a) ANALYSIS.—Not later than April 1, 2021, retary of Defense shall submit to the congres-
future requirements. the Secretary of the Air Force, in consultation sional defense committees the following:
(D) An analysis showing operational, budget, with the commanders of the combatant com- ‘‘(1) A plan for the procurement of the aircraft
and schedule trade-offs between sustainment of mands, shall develop an analysis of current and specified in subsection (b) for each of the De-
currently fielded capabilities, modernization of future moving target indicator requirements partment of the Army, the Department of the
currently fielded capabilities, and development across the combatant commands and operational Navy, and the Department of the Air Force de-
and production of new capabilities. and tactical level command and control capa- veloped in accordance with this section.
(b) REPORT TO CONGRESS.— bilities the Advanced Battle Management Sys- ‘‘(2) A certification by the Secretary that both
(1) IN GENERAL.—Not later than March 30, tem (ABMS) will require when fielded. the budget for such fiscal year and the future-
2021, the Secretary of the Air Force shall submit (b) JROC REQUIREMENTS.— years defense program submitted to Congress in
to the congressional defense committees a report (1) IN GENERAL.—Not later than 60 days after relation to such budget under section 221 of this
that includes— the Secretary of the Air Force develops the anal- title provide for funding of the procurement of
(A) the comprehensive modernization plan re- ysis under subsection (a), the Joint Require- aircraft at a level that is sufficient for the pro-
quired by subsection (a); and ments Oversight Council (JROC) shall certify curement of the aircraft provided for in the plan
(B) a strategy for carrying out such plan that requirements for the Advanced Battle Man- under paragraph (1) on the schedule provided in
through fiscal year 2030. agement System incorporate the findings of the the plan.
(2) FORM.—The report required under para- analysis. ‘‘(b) COVERED AIRCRAFT.—The aircraft speci-
graph (1) shall be submitted in unclassified (2) CONGRESSIONAL NOTIFICATION.—The Joint fied in this subsection are the aircraft as fol-
form, but may include a classified annex. Requirements Oversight Council shall notify the lows:
SEC. 143. RC–26B MANNED INTELLIGENCE, SUR- congressional defense committees upon making ‘‘(1) Fighter aircraft.
VEILLANCE, AND RECONNAISSANCE the certification required under paragraph (1), ‘‘(2) Attack aircraft.
AIRCRAFT. and provide a briefing on the requirements and ‘‘(3) Bomber aircraft.
(a) LIMITATION.—Except as provided in sub- findings described in such paragraph not later ‘‘(4) Intertheater lift aircraft.
section (b), none of the funds authorized to be than 30 days after such notification. ‘‘(5) Intratheater lift aircraft.
dlhill on DSK120RN23PROD with HOUSE
appropriated by this Act or otherwise made SEC. 147. STUDY ON MEASURES TO ASSESS COST- ‘‘(6) Intelligence, surveillance, and reconnais-
available for fiscal year 2021 for the Air Force PER-EFFECT FOR KEY MISSION sance aircraft.
may be obligated or expended to retire, divest, AREAS. ‘‘(7) Tanker aircraft.
realign, or place in storage or on backup air- (a) IN GENERAL.—Not later than January 1, ‘‘(8) Remotely piloted aircraft.
craft inventory status, or prepare to retire, di- 2021, the Secretary of the Air Force shall pro- ‘‘(9) Rotary-wing aircraft.
vest, realign, or place in storage or on backup vide for the performance of an independent ‘‘(10) Operational support and executive lift
aircraft inventory status, any RC–26B aircraft. study designed to devise new measures to assess aircraft.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
H6164 CONGRESSIONAL RECORD — HOUSE December 3, 2020
‘‘(11) Any other major support aircraft des- ment of aircraft for the Department of the (b) PLAN FOR TRANSFER OF RESPONSIBIL-
ignated by the Secretary of Defense for purposes Army, the Department of the Navy, or the De- ITIES.—
of this section. partment of the Air Force at a level that is not (1) IN GENERAL.—Not later than 180 days be-
‘‘(c) ANNUAL AIRCRAFT PROCUREMENT PLAN.— sufficient to sustain the aviation force structure fore the date of the transfer of responsibilities
(1) The annual aircraft procurement plan devel- specified in the aircraft procurement plan for required by subsection (a), the Secretary shall
oped for a fiscal year for purposes of subsection such Department for that fiscal year under sub- develop a plan to carry out the transfer.
(a) should be designed so that the aviation force section (a), the Secretary shall include with the (2) CONSIDERATIONS.—In developing the plan
provided for under the plan is capable of sup- defense budget materials for that fiscal year an required by paragraph (1), the Secretary shall
porting the national military strategy of the assessment that describes the funding shortfall consider the following:
United States as set forth in the most recent Na- and discusses the risks associated with the re- (A) All appropriate entities having potential
tional Defense Strategy submitted under section duced force structure of aircraft that will result for designation as the receiving electromagnetic
113(g) of this title and the most recent National from funding aircraft procurement at such level. spectrum operations organization, including ele-
Military Strategy submitted under section 153(b) The assessment shall be coordinated in advance ments of the Joint Staff, the functional and geo-
of this title. with the commanders of the combatant com- graphic combatant commands, Department of
‘‘(2) Each annual aircraft procurement plan mands. Defense offices and agencies, and other organi-
shall include the following: ‘‘(e) ANNUAL REPORT ON AIRCRAFT INVEN- zations, including the establishment of a new
‘‘(A) A detailed program for the procurement TORY.—(1) As part of the annual plan and cer- entity for that purpose within any such entity.
of the aircraft specified in subsection (b) for tification required to be submitted under this (B) Whether the receiving electromagnetic
each of the Department of the Army, the De- section, the Secretary shall include a report on spectrum operations organization should have a
partment of the Navy, and the Department of the aircraft in the inventory of the Department unitary structure or hybrid structure (in which
the Air Force over the next 15 fiscal years. of Defense. operational and capability development and di-
‘‘(B) A description of the aviation force struc- ‘‘(2) Each report under paragraph (1) shall in- rection are headed by separate organizations).
ture necessary to meet the requirements of the clude the following, for the year covered by (C) The resources required by the receiving
national military strategy of the United States. such report, the following: electromagnetic spectrum operations organiza-
‘‘(C) The estimated levels of annual invest- ‘‘(A) The total number of aircraft in the in- tion to fulfill the responsibilities and functions
ment funding necessary to carry out each air- ventory. specified in subsection (a).
craft program, together with a discussion of the ‘‘(B) The total number of the aircraft in the (D) The results of the evaluations carried out
procurement strategies on which such estimated inventory that are active, stated in the fol- pursuant to subsections (c) and (d).
levels of annual investment funding are based, lowing categories (with appropriate subcat- (3) SUBMITTAL TO CONGRESS.—Not later than
set forth in aggregate for the Department of De- egories for mission aircraft, training aircraft, 180 days before the date of the transfer of re-
fense and in aggregate for each military depart- dedicated test aircraft, and other aircraft): sponsibilities required by subsection (a), the Sec-
‘‘(i) Primary aircraft.
ment. ‘‘(ii) Backup aircraft. retary shall submit to Congress the following:
‘‘(D) The estimated level of annual funding ‘‘(iii) Attrition and reconstitution reserve air- (A) The plan developed under paragraph (1).
necessary to operate, maintain, sustain, and craft. (B) The construct and elements of the receiv-
support each aircraft program throughout the ‘‘(C) The total number of the aircraft in the ing electromagnetic spectrum operations organi-
life-cycle of the program, set forth in aggregate inventory that are inactive, stated in the fol- zation under the plan, including the allocation
for the Department of Defense and in aggregate lowing categories: of responsibilities among senior officials in such
for each military department. ‘‘(i) Bailment aircraft. organization.
‘‘(E) For each of the cost estimates required by ‘‘(ii) Drone aircraft. (C) The analysis conducted to determine the
subparagraphs (C) and (D)— ‘‘(iii) Aircraft for sale or other transfer to for- electromagnetic spectrum operations organiza-
‘‘(i) a description of whether the cost estimate eign governments. tion, including the input in the plan or analysis
is derived from the cost estimate position of the ‘‘(iv) Leased or loaned aircraft. of the results of consultation with any inde-
military department concerned or from the cost ‘‘(v) Aircraft for maintenance training. pendent entities involved in development of the
estimate position of the Office of Cost Assess- ‘‘(vi) Aircraft for reclamation. plan.
ment and Program Evaluation; ‘‘(vii) Aircraft in storage. (D) The resources required to implement the
‘‘(ii) if the cost estimate position of the mili- ‘‘(D) The aircraft inventory requirements ap-
plan, and a timeline for the receiving electro-
tary department and the cost estimate position proved by the Joint Chiefs of Staff.
‘‘(3) Each report under paragraph (1) shall set magnetic spectrum operations organization to
of the Office of Cost Assessment and Program reach initial operational capability and full
forth each item specified in paragraph (2) sepa-
Evaluation differ by more than 5 percent for operational capability.
rately for the regular component of each armed
any aircraft program, an annotated cost esti- (c) EVALUATIONS OF ARMED FORCES.—
force and for each reserve component of each
mate difference and sufficient rationale to ex- (1) IN GENERAL.—Not later than October 1,
armed force and, for each such component, shall
plain the difference; 2021, and annually thereafter through 2025, the
set forth each type, model, and series of aircraft
‘‘(iii) the confidence or certainty level associ- Chief of Staff of the Army, the Chief of Naval
provided for in the future-years defense program
ated with the cost estimate for each aircraft pro- Operations, the Chief of Staff of the Air Force,
that covers the fiscal year for which the budget
gram; and the Commandant of the Marine Corps, and the
‘‘(iv) a certification that the calculations from accompanying the plan, certification and report
Chief of Space Operations shall each carry out
which the cost estimate is derived are based on is submitted.
‘‘(f) BUDGET DEFINED.—In this section, the an evaluation of the ability of the Armed Force
common cost categories used by the Under Sec- concerned to perform electromagnetic spectrum
term ‘budget’ means the budget of the President
retary of Defense for Acquisition and operations missions required by each of the fol-
for a fiscal year as submitted to Congress pursu-
Sustainment for calculating the life-cycle cost of lowing:
ant to section 1105 of title 31.’’.
an aircraft program. (b) CLERICAL AMENDMENT.—The table of sec- (A) The Electromagnetic Spectrum Superiority
‘‘(F) An assessment by the Secretary of De- Strategy.
tions at the beginning of chapter 9 of such title
fense of the extent to which the combined air- (B) The Joint Staff-developed concept of oper-
is amended by inserting after the item relating
craft forces of the Department of the Army, the ations for electromagnetic spectrum operations.
to section 231 the following new item:
Department of the Navy, and the Department of ‘‘231a. Budgeting for life-cycle costs of aircraft (C) The operations and contingency plans of
the Air Force meet the national security require- for the Army, Navy, and Air the combatant commands.
ments of the United States. Force: annual plan and certifi- (2) ELEMENTS.—Each evaluation under para-
‘‘(3) For any cost estimate required by sub- cation.’’. graph (1) shall include assessment of the fol-
paragraph (C) or (D) of paragraph (2) for any SEC. 152. TRANSFER OF RESPONSIBILITIES AND lowing:
aircraft program for which the Secretary is re- FUNCTIONS RELATING TO ELECTRO- (A) Current programs of record, including—
quired to include in a report under section 2432 MAGNETIC SPECTRUM OPERATIONS. (i) the ability of weapon systems to perform
of this title, the source of the cost information (a) TRANSFER.—Not later than two years after missions in contested electromagnetic spectrum
used to prepare the annual aircraft plan shall the date of the enactment of this Act and in ac- environments; and
be derived from the Selected Acquisition Report cordance with the plan developed pursuant to (ii) the ability of electronic warfare capabili-
data that the Secretary plans to submit to the subsection (b), the Secretary of Defense shall ties to disrupt adversary operations.
congressional defense committees in accordance transfer to an appropriate entity within the De- (B) Future programs of record, including—
with subsection (f) of that section for the year partment of Defense all the responsibilities and (i) the need for distributed or network-centric
for which the annual aircraft procurement plan functions of the Commander of the United electronic warfare and signals intelligence capa-
is prepared. States Strategic Command that are germane to bilities; and
‘‘(4) Each annual aircraft procurement plan electromagnetic spectrum operations (EMSO), (ii) the need for automated and machine
shall be submitted in unclassified form, and including— learning- or artificial intelligence-assisted elec-
dlhill on DSK120RN23PROD with HOUSE
shall contain a classified annex. A summary (1) advocacy for joint electronic warfare capa- tronic warfare capabilities.
version of the unclassified report shall be made bilities; (C) Order of battle.
available to the public. (2) providing contingency electronic warfare (D) Individual and unit training.
‘‘(d) ASSESSMENT WHEN AIRCRAFT PROCURE- support to other combatant commands; and (E) Tactics, techniques, and procedures, in-
MENT BUDGET IS INSUFFICIENT TO MEET APPLI- (3) supporting combatant command joint cluding—
CABLE REQUIREMENTS.—If the budget for any training and planning related to electro- (i) maneuver, distribution of assets, and the
fiscal year provides for funding of the procure- magnetic spectrum operations. use of decoys; and
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6165
(ii) integration of nonkinetic and kinetic fires. (1) delays to or planned delays of Armed (A) the Committee on Armed Services and the
(d) EVALUATIONS OF COMBATANT COM- Force and Defense Agency and Field Activity Committee on Commerce, Science, and Transpor-
MANDS.— funding and deployment of modernized cryp- tation of the Senate; and
(1) IN GENERAL.—Not later than October 1, tographic algorithms, keys, and equipment over (B) the Committee on Armed Services and the
2021, and annually thereafter through 2025, the the previous year; and Committee on Transportation and Infrastruc-
Commander of the United States European Com- (2) changes in plans or schedules surrounding ture of the House of Representatives.
mand, the Commander of the United States Pa- key extension requests and waivers, including— (2) The term ‘‘Special Federal Aviation Regu-
cific Command, and the Commander of the (A) unscheduled or unanticipated key exten- lation Working Group’’ means the working
United States Central Command shall each sion requests; and group established pursuant to section 1748 of the
carry out an evaluation of the plans and pos- (B) unscheduled or unanticipated waivers and National Defense Authorization Act for Fiscal
ture of the command concerned to execute the nonwaivers of scheduled or anticipated key ex- Year 2020.
electromagnetic spectrum operations envisioned tension requests. SEC. 155. INTEGRATED AIR AND MISSILE DE-
in each of the following: SEC. 154. DEPARTMENT OF DEFENSE PARTICIPA- FENSE ASSESSMENT.
(A) The Electromagnetic Spectrum Superiority TION IN THE SPECIAL FEDERAL (a) CERTIFICATION ON DIRECTIVE OF IAMD
Strategy. AVIATION REGULATION WORKING RESPONSIBILITIES AND AUTHORITIES.—Not later
(B) The Joint Staff-developed concept of oper- GROUP. than 90 days after the date of the enactment of
ations for electromagnetic spectrum operations. (a) DESIGNATION OF DOD REPRESENTATIVES.— this Act, the Secretary of Defense shall, in co-
(2) ELEMENTS.—Each evaluation under para- The Secretary of Defense shall designate the De- ordination with the Chairman of the Joint
graph (1) shall include assessment of the fol- partment of Defense representatives to the Spe- Chiefs of Staff and the Secretaries of the mili-
lowing: cial Federal Aviation Regulation Working tary departments, certify that Department of
(A) Operation and contingency plans. Group. Defense Directive 5100.01 is current and accu-
(B) The manning, organizational alignment, (b) LIMITATION ON AVAILABILITY OF FUNDS rate with respect to integrated air and missile
and capability of joint electromagnetic spectrum FOR OSD.—Of the aggregate amount authorized defense (IAMD) responsibilities and authorities
operations cells. to be appropriated by this Act for fiscal year in support of joint and combined land, sea, air,
(C) Mission rehearsal and exercises. 2021 and available for the Office of the Sec- space and special forces operations, and in ob-
(D) Force positioning, posture, and readiness. retary of Defense, not more than 75 percent may taining and maintaining air superiority or su-
(e) SEMIANNUAL BRIEFING.—Not less fre- be obligated or expended until the later of the premacy as required.
quently than twice each year until January 1, following: (b) IAMD ASSESSMENT BY CHAIRMAN OF THE
2026, the Vice Chairman of the Joint Chiefs of (1) The date on which Secretary certifies, in JOINT CHIEFS OF STAFF.—
Staff shall brief the Committees on Armed Serv- writing, to the appropriate committees of Con- (1) IN GENERAL.—The Chairman of the Joint
ices of the Senate and the House of Representa- gress that the Department representatives to the Chiefs of Staff shall, in coordination with the
tives on the implementation of this section by Special Federal Aviation Regulation Working Secretaries of the military departments and the
each of the Joint Staff, the Armed Forces, and Group have been designated as required by sub- Director of the Missile Defense Agency, conduct
the combatant commands. section (a). a comprehensive classified assessment of threats
SEC. 153.CRYPTOGRAPHIC MODERNIZATION (2) The date on which the Special Federal to, and capabilities and capacities of, current
SCHEDULES. Aviation Regulation Working Group submits to and planned integrated air and missile defense
(a) CRYPTOGRAPHIC MODERNIZATION SCHED- the appropriate committees of Congress initial technologies and force structure to meet the re-
ULES REQUIRED.—Each of the Secretaries of the recommendations developed pursuant to sub- quirements of the combatant commands in sup-
military departments and the heads of relevant section (b)(4) of section 1748 of the National De- port of the National Defense Strategy.
Defense Agencies and Department of Defense fense Authorization Act for Fiscal Year 2020 (2) ELEMENTS.—The assessment required by
Field Activities shall establish and maintain a (Public Law 116–92; 133 Stat. 1847). paragraph (1) shall include the following:
cryptographic modernization schedule that (c) REPORT ON FINDINGS AND RECOMMENDA- (A) Characterization and analysis of current
specifies, for each pertinent weapon system, TIONS.— and emerging threats, including the following:
command and control system, or data link under (1) IN GENERAL.—Not later than June 30, 2021, (i) Cruise, hypersonic, and ballistic missiles.
the jurisdiction of such Secretary or head, in- the Special Federal Aviation Regulation Work- (ii) Unmanned aerial systems.
cluding those that use commercial encryption ing Group shall submit to the appropriate com- (iii) Rockets and other indirect fire.
(iv) Specific and meaningfully varied exam-
technologies (as relevant), the following: mittees of Congress a report setting forth the
ples within each of clauses (i) through (iii).
(1) The last year of use for applicable cryp- findings and recommendations of the Working
(B) Analysis of current and planned inte-
tographic algorithms. Group as developed pursuant to subsection (b)
grated air and missile defense capabilities to
(2) Anticipated key extension requests for sys- of section 1748 of the National Defense Author-
counter the threats characterized and analyzed
tems where cryptographic modernization is as- ization Act for Fiscal Year 2020.
under subparagraph (A), including the fol-
sessed to be overly burdensome and expensive or (2) CONFORMING AMENDMENTS.—Section 1748
lowing:
to provide limited operational utility. of the National Defense Authorization Act for (i) Projected timelines for development, pro-
(3) The funding and deployment schedule for Fiscal Year 2020 is amended— curement, and fielding of needed capabilities to
modernized cryptographic algorithms, keys, and (A) by striking subsection (d); and defend against current and anticipated threats,
equipment over the future-years defense pro- (B) in subsection (e), by striking ‘‘subsection
based on intelligence assessments of such
gram submitted to Congress pursuant to section (d)’’ and inserting ‘‘section 154(c)(1) of the Wil-
threats.
221 of title 10, United States Code, in 2021 to- liam M. (Mac) Thornberry National Defense Au- (ii) Projected capability and capacity gaps in
gether with the budget of the President for fiscal thorization Act for Fiscal Year 2021’’. addressing the threats characterized and as-
year 2022. (d) CERTIFICATION IN CONNECTION WITH CON- sessed under subparagraph (A), including a de-
(b) REQUIREMENTS FOR CHIEF INFORMATION TRACTS WITH FOREIGN COMPANIES FOR AVIATION
lineation of unfulfilled integrated air and mis-
OFFICER.—The Chief Information Officer of the SERVICES OVERSEAS.— sile defense requirements by combatant com-
Department of Defense shall— (1) IN GENERAL.—Subject to paragraph (2), the mand.
(1) oversee the construction and implementa- Department of Defense may not enter into a (iii) Risk assessment of projected capability
tion of the cryptographic modernization sched- contract with a foreign company as contracted and capacity gaps addressing integrated air and
ules required by subsection (a); aviation support to provide aviation services in missile defense requirements of the combatant
(2) establish and maintain an integrated cryp- an overseas area unless the Secretary certifies, commands and the National Defense Strategy.
tographic modernization schedule for the entire in writing, to the appropriate committees of (iv) Opportunities for acceleration or need for
Department of Defense, collating the cryp- Congress each of the following: incorporation of interim capabilities to address
tographic modernization schedules required (A) That the use of foreign companies to pro- current and projected gaps.
under subsection (a); and vide such services in overseas areas is required (v) Opportunities to leverage allied contribu-
(3) in coordination with the Director of the for the national security of the United States. tions for integrated air and missile defense ca-
National Security Agency and the Joint Staff (B) That the Department has exhausted all pabilities and capacities to meet requirements of
Director for Command, Control, Communica- available authorities to use United States com- the combatant commands.
tions, and Computers/Cyber, use the budget cer- panies to provide such services in overseas (C) Assessment of the integrated air and mis-
tification, standard-setting, and policy-making areas. sile defense command, control, and intelligence
authorities provided in section 142 of title 10, (2) SUNSET.—The requirement in paragraph systems and architecture, including the fol-
United States Code, to amend Armed Force and (1) shall expire on the later of— lowing:
Defense Agency and Field Activity plans for key (A) the date on which the Special Federal (i) A description of the integrated air and mis-
extension requests and cryptographic mod- Aviation Regulation Working Group submits to sile defense architecture, and the component
ernization funding and deployment that pose the appropriate committees of Congress the re- counter unmanned aerial system (C–UAS) sub-
dlhill on DSK120RN23PROD with HOUSE
unacceptable risk to military operations. port required by subsection (c)(1); and architecture of such architecture.
(c) ANNUAL NOTICES.—Not later than January (B) the date on which the Secretary fully im- (ii) Identification of the critical command and
1, 2022, and not less frequently than once each plements the recommendations contained in that control (C2) systems.
year thereafter until January 1, 2026, the Chief report. (iii) Integration or interoperability of the com-
Information Officer and the Joint Staff Director (e) DEFINITIONS.—In this section: mand and control systems.
shall jointly submit to the congressional defense (1) The term ‘‘appropriate committees of Con- (iv) Integration, interoperability, or compat-
committees notification of all— gress’’ means— ibility of the command and control systems with
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
H6166 CONGRESSIONAL RECORD — HOUSE December 3, 2020
planned Joint All Domain Command and Con- (D) Assessment of the feasibility and advis- Turkey from the program, have been identified,
trol (JADC2) architecture. ability of establishing one or more centers of ex- and all related undefinitized contract actions
(3) CHARACTERIZATION.— cellence for integrated air and missile defense, have been definitized (as described in section
(A) IN GENERAL.—In carrying out the assess- counter unmanned aerial systems, or both for 7401 of part 217 of the Defense Federal Acquisi-
ment required by paragraph (1), the Chairman purposes of planing, organizing, and managing tion Regulation Supplement);
shall clearly, on a technical and operational the military department and joint force efforts (B) the parts produced by each such con-
basis, distinguish between distinctly different to achieve a functional capability and capacity tractor have been qualified and certified as
threats in the same general class. to meet the requirements of the combatant com- meeting applicable technical design and use
(B) EXAMPLE.—The Chairman shall, for exam- mands. specifications; and
ple, ensure that the assessment is not limited to SEC. 156. JOINT STRATEGY FOR AIR BASE DE- (C) each such contractor has reached the re-
a broad characterization, such as ‘‘cruise mis- FENSE AGAINST MISSILE THREATS. quired rate of production to meet supply re-
siles’’, since such characterization does not suf- (a) STRATEGY REQUIRED.—The Chief of Staff quirements for parts under the program.
ficiently distinguish between current cruise mis- of the Air Force and the Chief of Staff of the (2) A cost analysis, prepared by the joint pro-
siles and emerging hypersonic cruise missiles, Army shall jointly develop and carry out a gram office for the F–35 aircraft program, that
which may require different capabilities to strategy to address the defense of air bases and assesses and defines—
counter them. prepositioned sites outside the continental (A) the manner in which the full integration
(4) INTERIM BRIEFING AND REPORT.— United States against current and emerging mis- of Block 4 and Technical Refresh 3 capabilities
(A) INTERIM BRIEFING.—Not later than 60 days sile threats, as validated by the Defense Intel- for each lot of Block 4 production aircraft begin-
after the date of the enactment of this Act, the ligence Agency. ning after lot 14 will affect the average procure-
Chairman shall brief the Committees on Armed (b) CERTIFICATION AND STRATEGY.—Not later ment unit cost of United States variants of the
Services of the Senate and the House of Rep- than June 1, 2021, the Chief of Staff of the Air F–35A, F–35B, and F–35C aircraft; and
resentatives on the assessment under paragraph Force and the Chief of Staff of the Army shall (B) the manner in which the establishment of
(1). jointly submit to the congressional defense com- alternate sources of production and sustainment
(B) REPORT.—Not later than 180 days after mittees the following: of supply and repair parts due to the removal of
the date of the enactment of this Act, the Chair- (1) A certification that the defense of air bases the Republic of Turkey from the program will
man shall submit to the Committees on Armed and prepositioned sites outside the continental affect such unit cost.
Services of the Senate and the House of Rep- United States against threats described in sub- (3) All reports required by section 167 of the
resentatives a report on the findings of the as- section (a) is being addressed jointly. National Defense Authorization Act for Fiscal
sessment conducted under paragraph (1). (2) The strategy developed pursuant to sub- Year 2020 (Public Law 116–92; 133 Stat. 1250).
(c) SECRETARY OF THE MILITARY DEPARTMENT section (a). (4) An independent cost estimate, prepared by
BRIEFINGS ON RESPONSE TO IAMD ASSESS- Director of Cost Assessment and Program Eval-
SEC. 157. JOINT ALL DOMAIN COMMAND AND
MENT.— CONTROL REQUIREMENTS.
uation, that defines, for each phase of the F–35
(1) IN GENERAL.—Not later than 90 days after aircraft program, the cost to develop, procure,
(a) VALIDATION OF REQUIREMENTS BY JOINT
the submittal of the report required by sub- integrate, and retrofit F–35 aircraft with all
REQUIREMENTS OVERSIGHT COUNCIL.—Not later
section (b)(4)(B), the Secretary of the Army, the Block 4 capability requirements that are speci-
than April 1, 2021, the Joint Requirements Over-
Secretary of the Navy, and the Secretary of the fied in the most recent Block 4 capabilities de-
sight Council (JROC) shall validate require-
Air Force shall each brief the Committees on velopment document.
ments for Joint All Domain Command and Con-
Armed Services of the Senate and the House of (5) A plan to correct or mitigate any defi-
trol (JADC2).
Representatives on the manner in which the ciency in the F–35 aircraft, identified as of the
(b) AIR FORCE CERTIFICATION.—Immediately
military department under the jurisdiction of date of enactment of this Act that—
after the validation of requirements pursuant to (A) may cause death, severe injury or occupa-
such Secretary intends to fulfill the global inte-
subsection (a), the Chief of Staff of the Air tional illness, or major loss or damage to equip-
grated air and missile defense requirements of
Force shall submit to the congressional defense ment or a system, and for which there is no
the combatant commands in accordance with
committees a certification that the current Joint identified workaround (commonly known as a
Department of Defense Directive 5100.01.
All Domain Command and Control effort, in- ‘‘category 1A deficiency’’); or
(2) ELEMENTS.—Each briefing under para-
cluding programmatic and architecture efforts, (B) critically restricts combat readiness capa-
graph (1) shall include, for the military depart-
being led by the Air Force will meet the require- bilities or results in the inability to attain ade-
ment covered by such briefing, the following:
ments validated by the Joint Requirements Over- quate performance to accomplish mission re-
(A) Analysis of current and planned inte-
sight Council. quirements (commonly known as a ‘‘category 1B
grated air and missile defense capabilities to
(c) CERTIFICATION BY OTHER ARMED deficiency’’).
counter the threats characterized and analyzed
FORCES.— Not later than July 1, 2021, the chief (6) A software and hardware capability, up-
under subsection (b)(2)(A), including the fol-
of staff of each Armed Force other than the Air grade, and aircraft modification plan for the F–
lowing:
Force shall submit to the congressional defense 35 aircraft that defines the cost and schedule for
(i) Projected timelines and costs for develop-
committees a certification whether the efforts of retrofitting F–35 aircraft that currently have
ment, procurement, and fielding of planned in-
such Armed Force on multi-domain command Technical Refresh 2 capabilities installed to en-
tegrated air and missile defense capabilities.
(ii) Projected capability gaps and an assess- and control are compatible with Joint All Do- sure compatibility with Block 4 and Technical
ment of associated risk. main Command and Control architecture. Refresh 3 capabilities.
(iii) Opportunities for acceleration or need for (d) BUDGETING.—The Secretary of Defense (7) The following reports for the F–35 aircraft
incorporation of interim capabilities to address shall incorporate the expected costs for full de- program, as prepared by the Director of Oper-
current and projected gaps. velopment and implementation of Joint All Do- ational Test and Evaluation:
(B) Analysis of current and planned capacity main Command and Control across the Depart- (A) A report on the results of the realistic sur-
to meet major contingency plan requirements ment of Defense in fiscal year 2022 in the budget vivability testing of the F–35 aircraft, as de-
and ongoing global operations of the combatant of the President for fiscal year 2022 as submitted scribed in section 2366(d) of title 10, United
commands, including the following: to Congress under section 1105 of title 31, United States Code.
(i) Current and planned numbers of integrated States Code. (B) A report on the results of the initial oper-
air and missile defense systems and formations, SEC. 158. EXPANSION OF ECONOMIC ORDER ational test and evaluation conducted for pro-
including associated munitions. QUANTITY CONTRACTING AUTHOR- gram, as described in section 2399(b)(2) of such
ITY FOR F–35 AIRCRAFT PROGRAM. title.
(ii) Capacity gaps, and an assessment of asso-
ciated risk, in addressing combatant command Section 161(a)(2) of the National Defense Au- (8) A mitigation strategy and implementation
requirements. thorization Act for Fiscal Year 2020 (Public Law plan to address each critical deficiency in the F–
(iii) Operations tempo stress on integrated air 116–92; 133 Stat. 1246) is amended by striking 35 aircraft autonomic logistics information sys-
and missile defense formations and personnel. ‘‘$574,000,000’’ and inserting ‘‘$1,035,793,000’’. tem that has been identified as of the date of en-
(iv) Plans to sustain or to increase integrated SEC. 159. DOCUMENTATION RELATING TO THE F– actment of this Act.
air and missile defense personnel and forma- 35 AIRCRAFT PROGRAM. (9) A certification that the F–35A aircraft
tions. The Secretary of Defense shall submit to the meets required mission reliability performance
(C) Assessment of proponency and the dis- congressional defense committees, not later than using an average sortie duration of 2 hours and
tribution of responsibility and authority for pol- 15 days following Milestone C approval for the 30 minutes.
icy and program planning, budgeting, and exe- F–35 aircraft program pursuant to section 2366c (10) A certification that the Secretary has de-
cution within the military department for inte- of title 10, United States Code, or entering into veloped and validated a fully integrated and re-
grated air and missile defense and counter-un- a contract for the full-rate production of F–35 alistic schedule for the development, production
manned aerial systems, including the following: aircraft, the documentation with respect to the and integration of Block 4 Technical Refresh 3
dlhill on DSK120RN23PROD with HOUSE
(i) A description of the current proponency F–35 aircraft program as follows: capabilities for the F–35 aircraft, that includes a
structure. (1) A certification by the Under Secretary of strategy for resolving all software technical debt
(ii) An assessment of the adequacy of the cur- Defense for Acquisition and Sustainment that— that has accumulated within the F–35 oper-
rent proponency structure to facilitate inte- (A) all alternative supply contractors for ational flight program source code during devel-
grated air and missile defense and counter un- parts, required for the airframe and propulsion opment, production, and integration of Tech-
manned aerial systems functions for the Depart- prime contractors of the F–35 aircraft program nical Refresh 1 and Technical Refresh 2 capa-
ment of Defense. as a result of the removal of the Republic of bilities.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6167
(11) The following: (B) all weapons certified for carriage and em- 3307 of title 41, United States Code, including a
(A) A complete list of hardware modifications ployment on each variant of the F–35 aircraft. common command and control system.
that will be required to integrate Block 4 capa- (2) An identification of any entities that con- (c) BRIEFING.—Not later than 90 days after
bilities into lot 16 and lot 17 production F–35 ducted regression testing of such software, in- the date of the enactment of this Act, the Execu-
aircraft. cluding any development facilities of the Fed- tive Agent shall brief the congressional defense
(B) An estimate of the costs of any engineer- eral Government or contractors that conducted committees on the following:
ing changes required as a result of such modi- such testing. (1) The selection process for counter un-
fications. (3) A list of deficiencies identified during re- manned aircraft system capabilities prioritized
(C) A comparison of those engineering gression testing of such software, or by oper- by this section.
changes and costs with the engineering changes ational units, after fielding of such software, (2) The plan prioritized by subsection (a).
and costs for lot 15 production F–35 aircraft. and an explanation of— (d) OVERSIGHT.—The Executive Agent shall—
(A) any software modifications, including (1) oversee the execution of all counter un-
SEC. 160. F–35 AIRCRAFT MUNITIONS.
quick-reaction capability, that were completed manned aircraft systems being developed by the
Subject to the availability of appropriations, military departments as of the day before the
the Secretary of the Air Force and the Secretary to resolve or mitigate such deficiencies;
(B) with respect to any deficiencies that were date of the enactment of this Act; and
of the Navy shall, in coordination with the Di- (2) ensure that the plan prioritized by sub-
rector of the F–35 Joint Program Office, certify not resolved or mitigated, whether the defi-
ciencies will be corrected in later releases of the section (a) guides future programmatic and
for use by the Armed Forces under the jurisdic- funding decisions for activities relating to
tion of such Secretary munitions for F–35 air- software; and
(C) any effects resulting from such defi- counter unmanned aircraft systems, including
craft that are qualified on F–35 partner aircraft any cancellation of such activities.
of North Atlantic Treaty Organization (NATO) ciencies, including—
(i) any effects on the cost and schedule for de- SEC. 165. AIRBORNE INTELLIGENCE, SURVEIL-
member nations as of the date of the enactment LANCE, AND RECONNAISSANCE AC-
livery of the software; and
of this Act. QUISITION ROADMAP FOR THE
(ii) in cases in which the deficiencies resulted
SEC. 161. REDESIGN STRATEGY FOR THE AUTO- UNITED STATES SPECIAL OPER-
in additional, unplanned, software releases, any
NOMIC LOGISTICS INFORMATION ATIONS COMMAND.
SYSTEM FOR THE F–35 FIGHTER AIR-
effects on the ongoing testing of software capa-
(a) IN GENERAL.—Not later than December 1,
CRAFT. bility releases.
2021, the Assistant Secretary of Defense for Spe-
(a) IN GENERAL.—Not later than March 1, SEC. 163. PROHIBITION ON USE OF FUNDS FOR
cial Operations and Low-Intensity Conflict and
THE ARMED OVERWATCH PROGRAM.
2021, the Under Secretary of Defense for Acqui- the Commander of the United States Special Op-
sition and Sustainment shall, in consultation None of the funds authorized to be appro-
erations Command shall jointly submit to the
with the Director of the F–35 Aircraft Joint Pro- priated by this Act or otherwise made available
congressional defense committees an acquisition
gram Office, submit to the congressional defense for the Department of Defense may be used to,
roadmap to meet the manned and unmanned
committees the following: and the Department may not—
airborne intelligence, surveillance, and recon-
(1) A report describing a program-wide process (1) procure armed overwatch aircraft for the
naissance requirements of United States Special
for measuring, collecting, and tracking informa- United States Special Operations Command in
Operations Forces.
tion on the manner in which the F–35 Auto- fiscal year 2021; or (b) ELEMENTS.—The roadmap required under
nomic Logistics Information System (ALIS) is (2) procure armed overwatch aircraft for the
subsection (a) shall include the following:
affecting the performance of the F–35 aircraft Air Force in fiscal years 2021 through 2023. (1) A description of the current platform re-
fleet, including its effects on aircraft avail- SEC. 164. ACCELERATION OF DEVELOPMENT AND quirements for manned and unmanned airborne
FIELDING OF COUNTER UNMANNED
ability and mission capability and effectiveness AIRCRAFT SYSTEMS ACROSS THE
intelligence, surveillance, and reconnaissance
rates. JOINT FORCE. capabilities to support United States Special Op-
(2) A strategy and implementation plan for (a) IMMEDIATE OBJECTIVE FOR EXECUTIVE erations Forces.
the F–35 Operational Data Integrated Network (2) An analysis of the remaining service life of
AGENT FOR C–SUAS.—The Executive Agent of
(ODIN) system that is being developed to replace existing manned and unmanned airborne intel-
the Joint Counter Small Unmanned Aircraft
the F–35 Autonomic Logistics Information Sys- ligence, surveillance, and reconnaissance capa-
Systems (C–sUAS) Office, as designated by the
tem, including an identification and assessment bilities currently operated by United States Spe-
Under Secretary of Defense for Acquisition and
of goals, key risks or uncertainties, system per- cial Operations Forces.
Sustainment, shall prioritize the objective of de-
formance metrics, and costs of designing, pro- (3) An identification of any current or antici-
veloping and executing a plan to develop, test,
curing, and fielding the F–35 Operational Data pated gaps for special operations-peculiar
and begin production of a counter unmanned
Integrated Network system. manned and unmanned airborne intelligence,
aircraft system that can be fielded as early as
(b) UPDATES.—In each quarterly briefing re- surveillance, and reconnaissance capabilities.
fiscal year 2021 to meet immediate operational (4) A description of anticipated manned and
quired by section 155 of the John S. McCain Na- needs in countering Group 1, 2, and 3 un-
tional Defense Authorization Act for Fiscal unmanned intelligence, surveillance, and recon-
manned aircraft systems and, to the extent prac- naissance platform requirements of the United
Year 2019 (Public 115–232; 132 Stat. 1672) for a tical, has the potential to counter other, larger
calendar quarter beginning on or after January States Special Operations Forces, including
unmanned aircraft systems. range, payload, endurance, ability to operate in
1, 2022, the Under Secretary and the Director (b) DEVELOPMENT AND FIELDING OF C–SUAS
shall include an update containing current in- contested environments, and other requirements,
SYSTEMS IN FISCAL YEAR 2021.—In carrying out
formation on the following: as appropriate.
subsection (a), the Executive Agent shall con- (5) A description of the manner in which the
(1) The manner in which the F–35 Autonomic sider the selection of counter unmanned aircraft
Logistics Information System is affecting fleet anticipated requirements described in paragraph
systems with specific emphasis on systems that— (4) are in alignment with the National Defense
performance of the F–35 aircraft fleet. (1) have undergone successful realistic oper-
(2) The progress being made to develop, pro- Strategy and meet the challenge of strategic
ational tests or assessments, or have been or are
cure, and field the F–35 Operational Data Inte- competition and nation state intelligence collec-
currently deployed;
grated Network system. tion requirements.
(2) will meet the operational requirements of (6) An explanation of the anticipated mix of
SEC. 162. BRIEFINGS ON SOFTWARE REGRESSION deployed forces facing current and anticipated
TESTING FOR F–35 AIRCRAFT. manned and unmanned aircraft, number of
unmanned aircraft system (UAS) threats, in- platforms, and associated aircrew and maintain-
During the quarterly briefing required by sec- cluding effectiveness against unmanned aircraft
tion 155 of the John S. McCain National Defense ers for support of United States Special Oper-
systems that are not remotely piloted or are not ations Forces.
Authorization Act for Fiscal Year 2019 (Public reliant on a command link; (7) An explanation of the extent to which
Law 115–232; 132 Stat. 1672) covering a quarter (3) use autonomous and semi-autonomous sys- service-provided manned and unmanned air-
in which mission systems production software tems and processes; borne intelligence, surveillance, and reconnais-
for the F–35 aircraft was released to units oper- (4) are affordable, with low operating and sance capabilities will be required in support of
ating such aircraft under the F–35 aircraft con- sustainment costs; United States Special Operations Forces, and
tinuous capability development and delivery (5) build, to the extent practicable, upon sys-
the manner in which such capabilities will sup-
program, the Under Secretary of Defense for Ac- tems that were selected for fielding in fiscal year
plement and integrate with the organic capabili-
quisition and Sustainment shall, in consultation 2021;
ties possessed by United States Special Oper-
with the Director of Operational Test and Eval- (6) reduce or accelerate the timeline for initial
ations Forces.
uation, brief the congressional defense commit- operational capability and full operational ca- (8) Any other matters the Assistant Secretary
tees with the following with respect to the mis- pability of the counter unmanned aircraft sys- and the Commander jointly consider appro-
sions systems production software for the F–35 tem prioritized by subsection (a); priate.
aircraft: (7) enable the flexible and continuous integra-
SEC. 166. PROHIBITION ON DIVESTITURE OF
dlhill on DSK120RN23PROD with HOUSE
(1) An explanation of the types and methods tion of different types of sensors and mitigation MANNED INTELLIGENCE, SURVEIL-
of regression testing that were completed for the solutions based on the different demands of par- LANCE, AND RECONNAISSANCE AIR-
production release of the software concerned to ticular military installations and deployed CRAFT OPERATED BY UNITED
ensure compatibility and proper functionality forces, physical geographies, and threat profiles; STATES SPECIAL OPERATIONS COM-
with— and MAND.
(A) the fire control radar system of each vari- (8) are or include systems or component parts (a) PROHIBITION.—No funds authorized to be
ant of the F–35 aircraft; and that are commercial items, as required by section appropriated by this Act may be used to divest
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
H6168 CONGRESSIONAL RECORD — HOUSE December 3, 2020
any manned intelligence, surveillance, and re- Sec. 221. Accountability measures relating to Subtitle F—Plans, Reports, and Other Matters
connaissance aircraft operated by the United the Advanced Battle Management Sec. 271. Modification to annual report of the
States Special Operations Command, and the System. Director of Operational Test and
Department of Defense may not divest any Sec. 222. Activities to improve fielding of Air Evaluation.
manned intelligence, surveillance, and recon- Force hypersonic capabilities. Sec. 272. Modification to Test Resource Man-
naissance aircraft operated by the United States Sec. 223. Disclosure of funding sources in appli- agement Center strategic plan re-
Special Operations Command in fiscal year 2021. cations for Federal research and porting cycle and contents.
(b) EXCEPTION.—The prohibition in subsection development awards. Sec. 273. Modification of requirements relating
(a) does not apply to any divestment of aircraft Sec. 224. Governance of fifth-generation wire- to energetics plan to include as-
described in that subsection that is ongoing as less networking in the Department sessment of feasibility and advis-
of the date of the enactment of this Act. of Defense. ability of establishing a program
SEC. 167. NOTIFICATION ON EFFORTS TO RE- Sec. 225. Demonstration project on use of cer- office for energetics.
PLACE INOPERABLE EJECTION SEAT tain technologies for fifth-genera- Sec. 274. Element in annual reports on cyber
AIRCRAFT LOCATOR BEACONS. tion wireless networking services. science and technology activities
(a) NOTIFICATION.—Not later than 180 days Sec. 226. Research, development, and deploy- on work with academic consortia
after the date of the enactment of this Act, and ment of technologies to support on high priority cybersecurity re-
on a semi-annual basis thereafter until the date water sustainment. search activities in Department of
specified in subsection (b), the Under Secretary Sec. 227. Limitation on contract awards for cer- Defense capabilities.
of Defense for Acquisition and Sustainment tain unmanned vessels. Sec. 275. Repeal of quarterly updates on the
shall submit to the congressional defense com- Subtitle C—Artificial Intelligence and Emerging Optionally Manned Fighting Ve-
mittees a written notification that describes, Technology hicle program.
with respect to the period covered by the notifi- Sec. 231. Modification of biannual report on the Sec. 276. Microelectronics and national secu-
cation— Joint Artificial Intelligence Cen- rity.
(1) the efforts of the service acquisition execu- Sec. 277. Independent evaluation of personal
ter.
tives of the Department of the Air Force and the Sec. 232. Modification of joint artificial intel- protective and diagnostic testing
Department of the Navy to replace ejection seat ligence research, development, equipment.
aircraft locator beacons that are— Sec. 278. Assessment on United States national
and transition activities.
(A) installed on covered aircraft; and security emerging biotechnology
Sec. 233. Board of advisors for the Joint Artifi-
(B) inoperable in water or in wet conditions; efforts and capabilities and com-
cial Intelligence Center.
and Sec. 234. Application of artificial intelligence to parison with adversaries.
(2) the funding allocated for such efforts. Sec. 279. Annual reports regarding the SBIR
the defense reform pillar of the
(b) DATE SPECIFIED.—The date specified in program of the Department of De-
National Defense Strategy.
this subsection is the earlier of— Sec. 235. Acquisition of ethically and respon- fense.
(1) the date on which the Under Secretary of Sec. 280. Reports on F–35 physiological episodes
sibly developed artificial intel-
Defense for Acquisition and Sustainment deter- and mitigation efforts.
ligence technology.
mines that all ejection seat aircraft locator bea- Sec. 281. Review and report on next generation
Sec. 236. Steering committee on emerging tech-
cons installed on covered aircraft are operable air dominance capabilities.
nology. Sec. 282. Plan for operational test and utility
in water and wet conditions; or
(2) the date that is 5 years after the date of Subtitle D—Education and Workforce evaluation of systems for Low-
the enactment of this Act. Development Cost Attributable Aircraft Tech-
(c) DEFINITIONS.—In this section: Sec. 241. Measuring and incentivizing program- nology program.
(1) The term ‘‘covered aircraft’’ means aircraft ming proficiency. Sec. 283. Independent comparative analysis of
of the Air Force, the Navy, and the Marine Sec. 242. Modification of Science, Mathematics, efforts by China and the United
Corps that are equipped with ejection seats. and Research for Transformation States to recruit and retain re-
(2) The term ‘‘service acquisition executive of (SMART) Defense Education Pro- searchers in national security-re-
the Department of the Air Force’’ does not in- gram. lated and defense-related fields.
clude the Service Acquisition Executive of the Sec. 243. Improvements to Technology and Na- Subtitle A—Authorization of Appropriations
Department of the Air Force for Space Systems tional Security Fellowship of De- SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
and Programs described in section 957 of the Na- partment of Defense.
Funds are hereby authorized to be appro-
tional Defense Authorization Act for Fiscal Sec. 244. Modification of mechanisms for expe-
priated for fiscal year 2021 for the use of the De-
Year 2020 (Public Law 116–92; 10 U.S.C. 9016 dited access to technical talent
partment of Defense for research, development,
note). and expertise at academic institu-
test, and evaluation, as specified in the funding
TITLE II—RESEARCH, DEVELOPMENT, tions.
table in section 4201.
TEST, AND EVALUATION Sec. 245. Encouragement of contractor science,
technology, engineering, and Subtitle B—Program Requirements,
Subtitle A—Authorization of Appropriations mathematics (STEM) programs. Restrictions, and Limitations
Sec. 201. Authorization of appropriations. Sec. 246. Training program for human resources SEC. 211. MODIFICATION OF REQUIREMENTS RE-
Subtitle B—Program Requirements, Restrictions, personnel in best practices for LATING TO CERTAIN COOPERATIVE
technical workforce. RESEARCH AND DEVELOPMENT
and Limitations
AGREEMENTS.
Sec. 211. Modification of requirements relating Sec. 247. Pilot program on the use of electronic
portfolios to evaluate certain ap- Section 2350a of title 10, United States Code, is
to certain cooperative research amended—
and development agreements. plicants for technical positions.
Sec. 248. Pilot program on self-directed training (1) in subsection (b)(2), by striking ‘‘and the
Sec. 212. Disclosure requirements for recipients Under Secretary’’ and inserting ‘‘or the Under
of Department of Defense research in advanced technologies.
Sec. 249. Part-time and term employment of Secretary’’; and
and development funds. (2) in subsection (c)—
Sec. 213. Modification of national security in- university faculty and students in
(A) by striking ‘‘Each cooperative’’ and in-
novation activities and pilot pro- the Defense science and tech-
serting ‘‘(1) Except as provided in paragraph
gram on strengthening the de- nology enterprise.
Sec. 250. National security workforce and edu- (2), each cooperative’’; and
fense industrial and innovation (B) by adding at the end the following new
base. cational diversity activities.
paragraphs:
Sec. 214. Updates to Defense Quantum Informa- Sec. 251. Coordination of scholarship and em-
‘‘(2) A cooperative research and development
tion Science and Technology Re- ployment programs of the Depart-
project may be entered into under this section
search and Development program. ment of Defense.
under which costs are shared between the par-
Sec. 215. Establishment of Directed Energy Sec. 252. Study on mechanisms for attracting
ticipants on an unequal basis if the Secretary of
Working Group. and retaining high quality talent
Defense, or an official specified in subsection
Sec. 216. Extension of pilot program for the en- in the Department of Defense.
(b)(2) to whom the Secretary delegates authority
hancement of the research, devel- Subtitle E—Sustainable Chemistry under this paragraph, makes a written deter-
opment, test, and evaluation cen- Sec. 261. National coordinating entity for sus- mination that unequal cost sharing provides
ters of the Department of Defense. tainable chemistry. strategic value to the United States or another
Sec. 217. Designation of senior officials for crit- Sec. 262. Strategic plan for sustainable chem- participant in the project.
ical technology areas supportive istry. ‘‘(3) For purposes of this subsection, the term
dlhill on DSK120RN23PROD with HOUSE
of the National Defense Strategy. Sec. 263. Agency activities in support of sus- ‘cost’ means the total value of cash and non-
Sec. 218. Executive agent for Autonomy. tainable chemistry. cash contributions.’’.
Sec. 219. National security innovation partner- Sec. 264. Partnerships in sustainable chemistry. SEC. 212. DISCLOSURE REQUIREMENTS FOR RE-
ships. Sec. 265. Prioritization. CIPIENTS OF DEPARTMENT OF DE-
Sec. 220. Social science, management science, Sec. 266. Rule of construction. FENSE RESEARCH AND DEVELOP-
and information science research Sec. 267. Major multi-user research facility MENT FUNDS.
activities. project. (a) DISCLOSURE REQUIREMENTS.—
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6169
(1) IN GENERAL.—Chapter 139 of title 10, 115–232; 10 U.S.C. 2358 note) (as added by sub- (1) in subsection (c)—
United States Code, is amended by adding at the section (a) of this section); and (A) by striking paragraph (4); and
end the following new section: (2) the expected roles and responsibilities of (B) by redesignating paragraph (5) as para-
‘‘§ 2374b. Disclosure requirements for recipi- such committees with respect to advising the graph (4); and
Under Secretary on the activities established (2) by adding at the end the following new
ents of research and development funds
under section 230 of such Act. subsection:
‘‘(a) IN GENERAL.—Except as provided in sub- (c) PILOT PROGRAM ON DEFENSE INDUSTRIAL ‘‘(d) DIRECTED ENERGY WORKING GROUP.—
sections (b) and (c), an individual or entity (in- AND INNOVATION BASE.—Section 1711 of the Na- ‘‘(1) IN GENERAL.—Not later than 60 days after
cluding a State or local government) that uses tional Defense Authorization Act for Fiscal the date of the enactment of the National De-
funds received from the Department of Defense Year 2018 (Public Law 115–91; 10 U.S.C. 2505 fense Authorization Act for fiscal year 2021, the
to carry out research or development activities note) is amended— Secretary of Defense shall establish a working
shall include, in any public document per- (1) in the section heading, by striking ‘‘MANU- group to be known as the ‘Directed Energy
taining to such activities, a clear statement indi- FACTURING IN THE DEFENSE INDUSTRIAL BASE’’ Working Group’.
cating the dollar amount of the funds received and inserting ‘‘THE DEFENSE INDUSTRIAL AND IN- ‘‘(2) RESPONSIBILITIES.—The Directed Energy
from the Department for such activities. NOVATION BASE’’;
Working Group shall—
‘‘(b) EXCEPTION.—The disclosure requirement (2) in subsection (a)— ‘‘(A) analyze and evaluate the current and
under subsection (a) shall not apply to a public (A) in the matter preceding paragraph (1), by planned directed energy programs of each of the
document consisting of fewer than 280 char- inserting ‘‘and the defense innovation base’’ military departments;
acters. after ‘‘industrial base’’; ‘‘(B) make recommendations to the Secretary
‘‘(c) WAIVER.—The Secretary of Defense may (B) in paragraph (1), by inserting ‘‘develop- of Defense—
waive the disclosure requirement under sub- ‘‘(i) describing how memoranda of under-
ment, prototyping, and manufacturing’’ before
section (a) on a case-by-case basis. standing may be used to coordinate the directed
‘‘production’’; and
‘‘(d) PUBLIC DOCUMENT DEFINED.—In this sec- (C) in paragraph (2), by striking ‘‘manufac- energy activities conducted by the Department
tion, the term ‘public document’ means any doc- turing and production’’ and inserting ‘‘develop- of Defense using amounts authorized to be ap-
ument or other written statement made available ment, prototyping, and manufacturing’’; propriated for research, development, test, and
for public reference or use, regardless of wheth- (3) in subsection (b)— evaluation; and
er such document or statement is made available ‘‘(ii) proposing the establishment of specific
(A) by redesignating paragraph (2) as para-
in hard copy or electronic format.’’. memoranda of understanding between indi-
graph (3); and
(2) CLERICAL AMENDMENT.—The table of sec- (B) by inserting after paragraph (1) the fol- vidual organizations and elements of the De-
tions at the beginning of such chapter is amend- lowing new paragraph: partment of Defense to facilitate such coordina-
ed by adding at the end the following new item: ‘‘(2) Section 230 of the John S. McCain Na- tion;
‘‘2374b. Disclosure requirements for recipients of ‘‘(C) identify methods of quickly fielding di-
tional Defense Authorization Act for Fiscal
research and development rected energy capabilities and programs; and
Year 2019 (Public Law 115–232; 10 U.S.C. 2358
funds.’’. ‘‘(D) develop a compendium on the effective-
note).’’;
(b) E FFECTIVE D ATE AND A PPLICABILITY .—The ness of directed energy weapon systems and in-
(4) in subsection (c)—
amendments made by subsection (a) shall take tegrate the compendium into an overall Joint Ef-
(A) in paragraph (1), by striking ‘‘manufac-
effect on October 1, 2021, and shall apply with fectiveness Manual under the guidance from the
turing and production’’ and inserting ‘‘develop-
respect to funds for research and development Joint Technical Coordination Group for Muni-
ment, prototyping, and manufacturing’’;
that are awarded by the Department of Defense tions Effectiveness.
(B) in paragraph (3), by striking ‘‘manufac-
‘‘(3) HEAD OF WORKING GROUP.—The head of
on or after that date. turing and production’’;
the Directed Energy Working Group shall be the
SEC. 213. MODIFICATION OF NATIONAL SECURITY (C) in paragraph (4), by striking ‘‘manufac-
Under Secretary of Defense for Research and
INNOVATION ACTIVITIES AND PILOT turers’’ and inserting ‘‘companies’’; and
PROGRAM ON STRENGTHENING THE Engineering or the designee of the Under Sec-
(D) in paragraph (5), by striking ‘‘manufac-
DEFENSE INDUSTRIAL AND INNOVA- retary.
turers’’ and inserting ‘‘companies’’; ‘‘(4) MEMBERSHIP.—The members of the Di-
TION BASE.
(5) in subsection (d), by striking ‘‘the date
(a) NATIONAL SECURITY INNOVATION ACTIVI- rected Energy Working Group shall be ap-
that is four years after the date of the enact-
TIES.—Section 230 of the John S. McCain Na- pointed as follows:
ment of this Act’’ and inserting ‘‘December 31, ‘‘(A) One member from each military depart-
tional Defense Authorization Act for Fiscal 2026’’; and
Year 2019 (Public Law 115–232; 10 U.S.C. 2358 ment, appointed by the Secretary of the military
(6) in subsection (e), by striking ‘‘January 31, department concerned.
note) is amended— 2022’’ and inserting ‘‘January 31, 2027’’. ‘‘(B) One member appointed by the Under Sec-
(1) by striking subsection (h); SEC. 214. UPDATES TO DEFENSE QUANTUM IN- retary of Defense for Research and Engineering.
(2) by redesignating subsections (e) through FORMATION SCIENCE AND TECH- ‘‘(C) One member appointed by the Under Sec-
(g) as subsections (f) through (h), respectively; NOLOGY RESEARCH AND DEVELOP-
retary of Defense for Acquisition and
(3) by inserting after subsection (d) the fol- MENT PROGRAM.
Sustainment.
lowing new subsection: Section 234 of the John S. McCain National ‘‘(D) One member appointed by the Director of
‘‘(e) ADVISORY ASSISTANCE.— Defense Authorization Act for Fiscal year 2019 the Strategic Capabilities Office of the Depart-
‘‘(1) IN GENERAL.—The Under Secretary shall (Public Law 115–232; 10 U.S.C. 2358 note) is ment of Defense.
establish a mechanism to seek advice from exist- amended— ‘‘(E) One member appointed by the Director of
ing Federal advisory committees on matters re- (1) by redesignating subsection (e) as sub- the Defense Advanced Research Projects Agen-
lating to— section (f); and cy.
‘‘(A) the implementation and prioritization of (2) by inserting after subsection (d) the fol- ‘‘(F) One member appointed by the Director of
activities established under subsection (a); and lowing new subsection (e): Operational Test and Evaluation.
‘‘(B) determining how such activities may be ‘‘(e) USE OF QUANTUM COMPUTING CAPABILI- ‘‘(G) One member appointed by the Director of
used to support the overall technology strategy TIES.—The Secretary of each military depart- the Missile Defense Agency.
of the Department of Defense. ment shall— ‘‘(H) Such other members as may be appointed
‘‘(2) EXISTING FEDERAL ADVISORY COMMITTEES ‘‘(1) develop and annually update a list of by the Secretary of Defense from among individ-
DEFINED.—In this subsection, the term ‘existing technical problems and research challenges uals serving in the Department of Defense.
Federal advisory committee’ means an advisory which are likely to be addressable by quantum ‘‘(5) DEADLINE FOR APPOINTMENT.—Members
committee that— computers available for use within in the next of the Directed Energy Working Group shall be
‘‘(A) is established pursuant to a provision of one to three years, with a priority for technical appointed not later than 30 days after the date
Federal law other than this section; and problems and challenges where quantum com- of the establishment of the working group under
‘‘(B) has responsibilities relevant to the activi- puting systems have performance advantages paragraph (1).
ties established under subsection (a), as deter- over traditional computing systems, in order to ‘‘(6) BRIEFINGS TO CONGRESS.—Not later than
mined by the Under Secretary.’’; and enhance the capabilities of such quantum com- 180 days after the date of the enactment of the
(4) in paragraph (1) of subsection (g) (as so re- puters and support the addressing of relevant William M. (Mac) Thornberry National Defense
designated) by striking ‘‘strengthening manu- technical problems and research challenges; and Authorization Act for Fiscal Year 2021, and not
facturing in the defense industrial base’’ and ‘‘(2) establish programs and enter into agree- less frequently than once every 180 days there-
inserting ‘‘strengthening the defense industrial ments with appropriate medium and small busi- after, the Directed Energy Working Group shall
and innovation base’’. nesses with functional quantum computing ca- provide to the congressional defense committees
(b) PLAN.—Not later than April 1, 2021, the pabilities to provide such private sector capabili- a briefing on the progress of each directed en-
Under Secretary of Defense for Research and ties to government, industry, and academic re- ergy program that is being adopted or fielded by
dlhill on DSK120RN23PROD with HOUSE
Engineering shall submit to the congressional searchers working on relevant technical prob- the Department of Defense.
defense committees a plan that describes— lems and research activities.’’. ‘‘(7) TERMINATION.—The Directed Energy
(1) the mechanism the Under Secretary will SEC. 215. ESTABLISHMENT OF DIRECTED ENERGY Working Group established under this sub-
use to seek advice from existing Federal advi- WORKING GROUP. section shall terminate 4 years after the date of
sory committees as required under section 230(e) Section 219 of the National Defense Author- the enactment of the William M. (Mac) Thorn-
of the John S. McCain National Defense Au- ization Act for Fiscal Year 2017 (Public Law berry National Defense Authorization Act for
thorization Act for Fiscal Year 2019 (Public Law 114–328; 10 U.S.C. 2431 note) is amended— Fiscal Year 2021.’’.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
H6170 CONGRESSIONAL RECORD — HOUSE December 3, 2020
SEC. 216. EXTENSION OF PILOT PROGRAM FOR (A) the consistency of the budgets with the ed needs of the warfighter, including flight test-
THE ENHANCEMENT OF THE RE- roadmaps developed under paragraph (1); ing, ground-based-testing, and underwater
SEARCH, DEVELOPMENT, TEST, AND (B) any technical and programmatic risks to launch testing.’’;
EVALUATION CENTERS OF THE DE-
the achievement of the research and technology (C) by striking paragraphs (2) and (3);
PARTMENT OF DEFENSE.
development goals of the National Defense (D) by redesignating paragraphs (4), (5), (6),
(a) IN GENERAL.—Section 233 of the National and (7) as paragraphs (2), (3), (4), and (6), re-
Strategy;
Defense Authorization Act for Fiscal Year 2017 spectively;
(C) programs, projects, and activities that
(Public Law 114–328; 10 U.S.C. 2358 note) is (E) by amending paragraph (2), as so redesig-
demonstrate—
amended— nated, to read as follows:
(i) unwanted or inefficient duplication, in-
(1) in subsection (e), by striking ‘‘2022’’ and ‘‘(2) Ensure prototyping demonstration pro-
cluding duplication with activities of other gov-
inserting ‘‘2027’’; and grams on hypersonic systems integrate advanced
ernment agencies and the commercial sector;
(2) in subsection (f)— technologies to speed the maturation and de-
(ii) lack of appropriate coordination with
(A) by amending paragraph (1) to read as fol- ployment of future hypersonic systems.’’;
other organizations; or
lows: (F) by amending paragraph (3), as so redesig-
‘‘(1) IN GENERAL.—Not later than one year (iii) inappropriate alignment with organiza-
tional missions and capabilities; nated, to read as follows:
after the date of the enactment of the William ‘‘(3) Ensure that any demonstration program
(4) coordinating the research and engineering
M. (Mac) Thornberry National Defense Author- on hypersonic systems is carried out only if de-
activities of the Department with appropriate
ization Act for Fiscal Year 2021, the Secretary of termined to be consistent with the roadmap for
international, interagency, and private sector
Defense shall submit to the congressional de- the relevant critical technology area supportive
organizations; and
fense committees a report on the status of the of the National Defense Strategy, as developed
(5) tasking appropriate intelligence agencies
pilot program.’’; and by the senior official with responsibility for such
of the Department to develop a direct compari-
(B) in paragraph (2), by adding at the end the area under section 217 of the William M. (Mac)
son between the capabilities of the United States
following new subparagraph: Thornberry National Defense Authorization Act
‘‘(F) With respect to any military department in the technology area concerned and the capa-
bilities of adversaries of the United States in for Fiscal Year 2021.’’;
not participating in the pilot program, an expla- (G) by amending paragraph (4), as so redesig-
nation for such nonparticipation, including that area.
(c) ANNUAL REPORTS.— nated, to read as follows:
identification of— ‘‘(4) Develop strategies and roadmaps for
(1) IN GENERAL.—Not later than December 1,
‘‘(i) any issues that may be preventing such hypersonic technologies to enable the transition
2021, and not later than December 1 of each
participation; and of such technologies to future operational capa-
‘‘(ii) any offices or other elements of the De- year thereafter through December 1, 2025, the
bilities for the warfighter.’’;
partment of Defense that may be responsible for Under Secretary shall submit to the congres-
(H) by inserting after paragraph (4), as so re-
the delay in participation.’’. sional defense committees a report on research
designated, the following:
(b) TECHNICAL AMENDMENT.—Effective as of and engineering activities and on the status of ‘‘(5) Develop and implement a strategy for en-
December 23, 2016, and as if included therein as the technology areas identified under subsection hancing the current and future hypersonics
enacted, section 233(c)(2)(C)(ii) of the National (a)(1), including a description of any programs, workforce.’’; and
Defense Authorization Act for Fiscal Year 2017 projects, or activities in such areas, that have, (I) by amending paragraph (6), as so redesig-
(Public Law 114–328; 10 U.S.C. 2358 note) is in the year preceding the date of the report— nated, to read as follows:
amended by striking ‘‘Assistant Secretary of the (A) achieved significant technical progress; ‘‘(6) Coordinate with relevant stakeholders
Army for Acquisition, Technology, and Logis- (B) transitioned from the research and devel- and agencies to support the technological ad-
tics’’ and inserting ‘‘Assistant Secretary of the opment phase to formal acquisition programs; vantage of the United States in developing
(C) transitioned from the research and devel- hypersonic systems.’’.
Army for Acquisition, Logistics, and Tech-
opment phase into operational use; or SEC. 218. EXECUTIVE AGENT FOR AUTONOMY.
nology’’.
(c) EXTENSION OF PILOT PROGRAM TO IM- (D) been transferred from the Department of (a) IN GENERAL.—Not later than February 1,
PROVE INCENTIVES FOR TECHNOLOGY TRANSFER
Defense to private sector organizations for fur- 2022, the Secretary of the Navy shall designate
FROM DEPARTMENT OF DEFENSE LABORA- ther commercial development or commercial an existing program executive officer from with-
TORIES.—Subsection (e) of section 233 of the Na-
sales. in the Department of the Navy to serve as the
(2) FORM.—Each report under paragraph (1) acquisition executive agent for autonomy who
tional Defense Authorization Act for Fiscal
shall submitted in unclassified form that can be shall be the official within the Department with
Year 2018 (Public Law 115–91; 10 U.S.C. 2514
made available to the public, but may include a primary responsibility for the acquisition of au-
note) is amended to read as follows:
‘‘(e) SUNSET.—The pilot program under this classified annex. tonomous technology. The officer designated as
section shall terminate on September 30, 2025.’’. (d) COORDINATION OF RESEARCH AND ENGI- acquisition executive agent for autonomy shall
NEERING ACTIVITIES.—The Service Acquisition
SEC. 217. DESIGNATION OF SENIOR OFFICIALS carry out the responsibilities of such position in
FOR CRITICAL TECHNOLOGY AREAS Executive for each military department and the addition to the responsibilities otherwise as-
SUPPORTIVE OF THE NATIONAL DE- Director of the Defense Advanced Research signed to such officer as a program executive of-
FENSE STRATEGY. Projects Agency shall each identify senior offi- ficer.
(a) DESIGNATION OF SENIOR OFFICIALS.—The cials to ensure coordination of appropriate re- (b) PROGRAM EXECUTIVE OFFICER DEFINED.—
Under Secretary of Defense for Research and search and engineering activities with each of In this section, the term ‘‘program executive of-
Engineering shall— the senior officials designated under subsection ficer’’ has the meaning given that term in sec-
(1) identify technology areas that the Under (a). tion 1737(a)(4) of title 10, United States Code.
Secretary considers critical for the support of (e) CONFORMING AMENDMENTS.—Section 218 of SEC. 219.
NATIONAL SECURITY INNOVATION
the National Defense Strategy; and the John Warner National Defense Authoriza- PARTNERSHIPS.
(2) for each such technology area, designate a tion Act for Fiscal Year 2007 (Public Law 109– (a) ESTABLISHMENT.—The Secretary of De-
senior official of the Department of Defense to 364; 10 U.S.C. 2358 note) is amended— fense shall establish an activity—
coordinate research and engineering activities (1) in subsection (a) by striking the second (1) to support partnerships between the De-
in that area. sentence and inserting ‘‘The Office shall carry partment of Defense and academic institutions,
(b) DUTIES.—The duties of each senior official out the program and activities described in sub- private sector firms in defense and commercial
designated under subsection (a) shall include, sections (b) and (c) and shall have such other sectors, commercial accelerators and incubators,
with respect to the technology area overseen by responsibilities relating to hypersonics as the commercial innovation hubs, public sector orga-
such official— Secretary shall specify’’; nizations, and nonprofit entities with missions
(1) developing and continuously updating re- (2) by striking subsections (b), (e) and (f); relating to national security innovation;
search and technology development roadmaps, (3) by redesignating subsections (c) and (d) as (2) to expand the national security innovation
funding strategies, and technology transition subsections (b) and (c), respectively; base, including through engagement with aca-
strategies to ensure— (4) in subsection (b)(1), as so redesignated, by demia, defense industry, commercial industry,
(A) the effective and efficient development of striking ‘‘provide the Office with’’ and all that government organizations, and the venture cap-
new capabilities in the area; and follows through the period at the end and in- ital community;
(B) the operational use of appropriate tech- serting ‘‘provide the Office with foundational (3) to accelerate the transition of technologies
nologies; and applied hypersonic research, development, and services into acquisition programs and oper-
(2) conducting annual assessments of work- and workforce support in areas that the Office ational use;
force, infrastructure, and industrial base capa- determines to be relevant for the Department of (4) to work in coordination with the Under
bilities and capacity to support— Defense.’’; Secretary of Defense for Personnel and Readi-
(A) the roadmaps developed under paragraph (5) in subsection (c), as so redesignated— ness, other organizations within the Office of
(1); and (A) in the matter preceding paragraph (1), by the Secretary, and the Armed Forces to create
dlhill on DSK120RN23PROD with HOUSE
(B) the goals of the National Defense Strat- striking ‘‘In carrying out the program required new pathways and models of national security
egy; by subsection (b), the Office’’ and inserting service that facilitate employment within the
(3) reviewing the relevant research and engi- ‘‘The Office’’; Department;
neering budgets of appropriate organizations (B) by amending paragraph (1) to read as fol- (5) to facilitate engagement with entities de-
within the Department of Defense, including the lows: scribed in paragraph (1) for the purpose of de-
Armed Forces, and advising the Under Secretary ‘‘(1) Expedite testing, evaluation, and acquisi- veloping solutions to national security and de-
on— tion of hypersonic technologies to meet the stat- fense problems articulated by entities within the
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6171
Department, including through programs such ment in social science, management science, and (A) optimization of analysis of national secu-
as the Hacking for Defense program; information science. rity data sets;
(6) to establish physical locations throughout (b) PURPOSES.—The purposes of the program (B) development of innovative defense-related
the United States to support partnerships with under subsection (a) are as follows: management activities;
academic, government, and private sector indus- (1) To ensure that the Department of Defense (C) improving the operational use of social
try partners; and has access to innovation and expertise in social science, management science, and information
(7) to enhance the capabilities of the Depart- science, management science, and information science innovations by military commanders and
ment in market research, industrial and tech- science to enable the Department to improve the civilian leaders;
nology base awareness, source selection, part- effectiveness, efficiency, and agility of the De- (D) improving understanding of the funda-
nerships with private sector capital, and access partment’s operational and management activi- mental social, cultural, and behavioral forces
to commercial technologies. ties. that shape the strategic interests of the United
(b) AUTHORITIES.—In addition to the authori- (2) To develop and manage a portfolio of re- States; and
ties provided under this section, in carrying out search initiatives in fundamental and applied (E) developing a Department of Defense work-
this section, the Secretary of Defense may use social science, management science, and infor- force capable of developing and leveraging inno-
the following authorities: mation science that is stable, consistent, and vations and best practices in the fields of social
(1) Section 1599g of title 10, United States balanced across relevant disciplines. science, management science, and information
Code, relating to public-private talent ex- (3) To enhance cooperation and collaboration science to support defense missions;
changes. on research and development in the fields of so- (2) develop a coordinated and integrated re-
(2) Section 2368 of title 10, United States Code, cial science, management science, and informa- search and investment plan for meeting near-
relating to Centers for Science, Technology, and tion science between the Department of Defense term, mid-term, and long-term national security,
Engineering Partnerships. and appropriate private sector and inter- defense-related, and Departmental management
(3) Section 2374a of title 10, United States national entities that are involved in research challenges that—
Code, relating to prizes for advanced technology and development in such fields. (A) includes definitive milestones;
achievements. (4) To accelerate the development of a re- (B) provides for achieving specific technical
(4) Section 2474 of title 10, United States Code, search community and industry to support De- goals;
relating to Centers of Industrial and Technical partment of Defense missions in the fields of so- (C) establishes pathways to address the oper-
Excellence. cial science, management science, and informa- ational and management missions of the Depart-
(5) Section 2521 of title 10, United States Code, tion science, including the development of facili- ment through—
relating to the Manufacturing Technology Pro- ties, a workforce, infrastructure, and partner- (i) the evaluation of innovations and ad-
gram. ships in support of such missions. vances in social science, management science,
(6) Subchapter VI of chapter 33 of title 5, (5) To coordinate all research and develop- and information science for potential implemen-
United States Code, relating to assignments to ment within the Department of Defense in the tation within the Department; and
and from States. (ii) implementation of such innovations and
fields of social science, management science, and
(7) Chapter 47 of title 5, United States Code, advances within the Department, as appro-
information science.
relating to personnel research programs and (6) To collect, synthesize, and disseminate priate; and
demonstration projects. (C) builds upon the investments of the Depart-
critical information on research and develop-
(8) Section 12 of the Stevenson-Wydler Tech- ment, other departments and agencies of the
ment in the fields of social science, management
nology Innovation Act of 1980 (15 U.S.C. 3710a) Federal Government, and the commercial sector
science, and information science.
and section 6305 of title 31, United States Code, in the fields of social science, management
(7) To assess and appropriately share, with
relating to cooperative research and develop- science, and information science;
other departments and agencies of the Federal
ment agreements. (3) develop plans for—
Government and appropriate entities in the pri- (A) the development of the Department’s
(9) Such other authorities as the Secretary vate sector— workforce in social science, management
considers appropriate. (A) challenges within the Department of De-
science, and information science; and
(c) IMPLEMENTATION.— fense that may be addressed through the appli- (B) improving awareness of—
(1) SUPPORT FROM OTHER DEPARTMENT OF DE- cation of advances in social science, manage- (i) the fields of social science, management
FENSE ORGANIZATIONS.—The Secretary of De- ment science, and information science; and science, and information science;
fense may direct other organizations and ele- (B) datasets related to such challenges. (ii) advances and innovations in such fields;
ments of the Department of Defense to provide (8) To support the identification of organiza- and
personnel, resources, and other support to the tional and institutional barriers to the imple- (iii) and the ability of such advances and in-
activity established under this section, as the mentation of management and organizational novations to enhance the efficiency and effec-
Secretary determines appropriate. enhancements and best practices. tiveness of the Department; and
(2) IMPLEMENTATION PLAN.— (9) To accelerate efforts— (4) develop memoranda of agreement, joint
(A) IN GENERAL.—Not later than one year (A) to transition, and deploy within the De- funding agreements, and such other cooperative
after the date of the enactment of this Act, the partment of Defense, technologies and concepts arrangements as the Under Secretary determines
Secretary of Defense shall submit to the congres- derived from research and development in the necessary—
sional defense committees a plan for imple- fields of social science, management science, and (A) to carry out the program under subsection
menting the activity established under this sec- information science; and (a); and
tion. (B) to establish policies, procedures, and (B) to transition appropriate products, serv-
(B) ELEMENTS.—The plan required under sub- standards for measuring the success of such ef- ices, and innovations relating social science,
paragraph (A) shall include the following: forts. management science, and information science
(i) Plans that describe any support that will (10) To integrate knowledge from cross-dis- into use within the Department.
be provided for the activity by other organiza- ciplinary research on— (e) GUIDANCE REQUIRED.—
tions and elements of the Department of Defense (A) how factors relating to social science, (1) IN GENERAL.—Not later than one year after
under paragraph (1). management science, and information science the date of the enactment of this Act, the Under
(ii) Plans for the implementation of the activ- affect the global security environment; and Secretary of Defense for Research and Engineer-
ity, including plans for— (B) best practices for management in the pub- ing shall develop and issue guidance for de-
(I) future funding and administrative support lic and private sectors. fense-related social science, management
of the activity; (11) To apply principles, tools, and methods science, and information science activities, in-
(II) integration of the activity into the pro- from social science, management science, and cluding—
gramming, planning, budgeting, and execution information science— (A) classification and data management plans
process of the Department of Defense; (A) to ensure the Department of Defense is for such activities;
(III) integration of the activity with the other more agile, efficient, and effective in organiza- (B) policies for control of personnel partici-
programs and initiatives within the Department tional management and in deterring and coun- pating in such activities to protect national se-
that have missions relating to innovation and tering current and emerging threats; and curity interests; and
outreach to the academic and the private sector (B) to support the National Defense Strategy. (C) ensuring that research findings and inno-
; and (c) ADMINISTRATION.—The Under Secretary of vations in the fields of social science, manage-
(IV) performance indicators by which the ac- Defense for Research and Engineering shall su- ment science, and information science are incor-
tivity will be assessed and evaluated. pervise the planning, management, and coordi- porated into the activities and strategic docu-
(iii) A description of any additional authori- nation of the program under subsection (a). ments of the Department.
ties the Secretary may require to effectively (d) ACTIVITIES.—The Under Secretary of De- (2) UPDATES.—The Under Secretary of De-
carry out the responsibilities under this section. fense for Research and Engineering, in con- fense for Research and Engineering shall regu-
dlhill on DSK120RN23PROD with HOUSE
SEC. 220. SOCIAL SCIENCE, MANAGEMENT sultation with the Under Secretary of Defense larly update the guidance issued under para-
SCIENCE, AND INFORMATION for Policy, the Secretaries of the military depart- graph (1).
SCIENCE RESEARCH ACTIVITIES. ments, and the heads of relevant Defense Agen- (f) DESIGNATION OF ENTITY.—The Secretary of
(a) ESTABLISHMENT.—The Secretary of De- cies, shall— each military department may establish or des-
fense, acting through the Under Secretary of (1) prescribe a set of long-term challenges and ignate an entity or activity under the jurisdic-
Defense for Research and Engineering, shall a set of specific technical goals for the program, tion of such Secretary, which may include a De-
carry out a program of research and develop- including— partment of Defense Laboratory, an academic
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
H6172 CONGRESSIONAL RECORD — HOUSE December 3, 2020
institution, or another appropriate organiza- (c) REPORT ON SECURITY AND RESILIENCY search and Engineering, in consultation with
tion, to support interdisciplinary research and MEASURES.—At the same time as the budget of the Director of Operational Test and Evalua-
development activities in the fields of social the President for fiscal year 2022 is submitted to tion, shall submit to the congressional defense
science, management science, and information Congress pursuant to section 1105(a) of title 31, committees a report on the testing capabilities
science, and engage with appropriate public and United States Code, the Secretary of the Air and infrastructure used for hypersonic weapons
private sector organizations, including academic Force shall submit to the congressional defense development. The report shall include—
institutions, to enhance and accelerate the re- committees a report that describes how the Sec- (1) an assessment of the sufficiency of the
search, development, and deployment of social retary plans to ensure the security and resil- testing capabilities and infrastructure used for
science, management science, and information iency of the Advanced Battle Management Sys- fielding hypersonic weapons; and
science within the Department. tem, including a description of any information (2) a description of any investments in testing
(g) USE OF OTHER AUTHORITY.—The Secretary assurance and anti-tamper requirements for the capabilities and infrastructure that may be re-
of Defense shall use the authority provided System. quired to support in-flight and ground-based
under section 217 of the National Defense Au- (d) ADDITIONAL REPORT AND BRIEFINGS.—Not testing for such weapons.
thorization Act for Fiscal Year 2018 (Public Law later than April 1, 2021, the Secretary of the Air SEC. 223. DISCLOSURE OF FUNDING SOURCES IN
115–91; 10 U.S.C. 2358 note) to enhance the abil- APPLICATIONS FOR FEDERAL RE-
Force shall submit to the congressional defense
SEARCH AND DEVELOPMENT
ity of the Department of Defense to access tech- committees the following: AWARDS.
nical talent and expertise at academic institu- (1) REPORT ON PLANNED CAPABILITIES.—A re- (a) DISCLOSURE REQUIREMENT.—Each Federal
tions in support of the purposes of this section. port on the planned product line capabilities of research agency shall require, as part of any
(h) REPORT.— the Advanced Battle Management System, in- application for a research and development
(1) IN GENERAL.—Not later than December 31, cluding— award from such agency—
2022, the Secretary of Defense shall submit to (A) a description of the technologies needed to (1) that each covered individual listed on the
the congressional defense committees a report on implement and achieve such product line capa- application—
the program under subsection (a). bilities; (A) disclose the amount, type, and source of
(2) FORM OF REPORT.—The report required (B) a timeline for the technical maturation of all current and pending research support re-
under paragraph (1) shall be submitted in un- such product line capabilities; and ceived by, or expected to be received by, the in-
classified form, but may include a classified (C) a notional schedule for fielding such prod- dividual as of the time of the disclosure;
annex. uct line capabilities over the period covered by (B) certify that the disclosure is current, accu-
SEC. 221. ACCOUNTABILITY MEASURES RELATING the most recent future-years defense program rate, and complete; and
TO THE ADVANCED BATTLE MANAGE- submitted under section 221 of title 10, United (C) agree to update such disclosure at the re-
MENT SYSTEM. States Code, as of the date of the report. quest of the agency prior to the award of sup-
(a) COST ASSESSMENTS.— (2) BRIEFING ON ACQUISITION AUTHORITIES.—A port and at any subsequent time the agency de-
(1) INITIAL COST ESTIMATE.—Not later than 180 briefing on the allocation of responsibilities termines appropriate during the term of the
days after the date of the enactment of this Act, among the individuals and entities responsible award; and
the Secretary of the Air Force, in consultation for acquisition for the Advanced Battle Man- (2) that any entity applying for such award
with the Director of Cost Assessment and Pro- agement System, including an explanation of certify that each covered individual who is em-
gram Evaluation, shall— how decision-making and governance of the ac- ployed by the entity and listed on the applica-
(A) define key technical, programmatic, and quisition process is allocated among the Assist- tion has been made aware of the requirements
operational characteristics for the Advanced ant Secretary of the Air Force for Acquisition, under paragraph (1).
Battle Management System; and Technology, and Logistics, the Chief Architect (b) CONSISTENCY.—The Director of the Office
(B) produce an initial cost estimate for the Integration Office, the Air Force Warfighting of Science and Technology Policy, acting
System that includes— Integration Capability, and other entities within through the National Science and Technology
(i) estimated costs for each product category the Department of the Air Force that are ex- Council and in accordance with the authority
described in the report submitted to Congress pected provide capabilities for the System. provided under section 1746(a) of the National
under section 236 the National Defense Author- (3) BRIEFING ON ALIGNMENT WITH COMMON Defense Authorization Act for Fiscal Year 2020
ization Act for Fiscal Year 2020 (Public Law MISSION CONTROL CENTER.—A briefing, which (Public Law 116–92; 42 U.S.C. 6601 note) shall
116–92; 133 Stat. 1281); and may be provided in classified or unclassified ensure that the requirements issued by Federal
(ii) a description of each cost estimating meth- research agencies under subsection (a) are con-
form, that explains how, and to what extent,
odology used in the preparation of the estimate. sistent.
the Advanced Battle Management System will
(2) REVIEW AND REPORT.—Not later than 120 (c) ENFORCEMENT.—
be aligned and coordinated with the Common
days after the completion of the estimate re- (1) REJECTION FOR VIOLATION OF LAW OR
Mission Control Center of the Air Force.
quired under paragraph (1), the Air Force Cost AGENCY TERMS.—A Federal research agency may
(e) ADVANCED BATTLE MANAGEMENT SYSTEM
Analysis Agency shall— reject an application for a research and develop-
DEFINED.—In this section, the term ‘‘Advanced
(A) conduct a non-advocate cost assessment of ment award if the current and pending research
Battle Management System’’ has the meaning
the estimate; and support disclosed by an individual under sub-
(B) submit to the congressional defense com- given that term in section 236(c) of the National
Defense Authorization Act for Fiscal Year 2020 section (a) violates Federal law or agency terms
mittees and the Government Accountability Of- and conditions.
fice a report on the results of the assessment. (Public Law 116–92; 133 Stat. 1281).
(2) ENFORCEMENT FOR NONCOMPLIANCE.—Sub-
(b) PROGRAM UPDATE BRIEFINGS.— (f) CONFORMING REPEAL.—Section 147(g) of
ject to paragraph (3), in the event that a cov-
(1) IN GENERAL.—Beginning not later than the John S. McCain National Defense Author-
ered individual listed on an entity’s application
January 1, 2021, and on a quarterly basis there- ization Act for Fiscal Year 2019 (Public Law
for a research and development award know-
after, the Secretary of the Air Force shall pro- 115–232; 132 Stat. 1670) is repealed.
ingly fails to disclose information under sub-
vide to the congressional defense committees a SEC. 222. ACTIVITIES TO IMPROVE FIELDING OF
section (a), a Federal research agency may take
program update briefing on the Advanced Battle AIR FORCE HYPERSONIC CAPABILI-
TIES. one or more of the following actions:
Management System and all associated tech- (A) Reject the application.
nologies. (a) IMPROVEMENT OF GROUND-BASED TEST FA- (B) Suspend or terminate a research and de-
(2) ELEMENTS.—Each briefing under para- CILITIES.—The Secretary of Defense shall take velopment award made by that agency to the in-
graph (1) shall include— such actions as may be necessary to improve dividual or entity.
(A) a detailed explanation of any on-ramp ex- ground-based test facilities used for the re- (C) Temporarily or permanently discontinue
ercise of the Advanced Battle Management Sys- search, development, test, and evaluation of any or all funding from that agency for the in-
tem conducted during the quarter covered by the hypersonic capabilities. dividual or entity.
report, including an explanation of— (b) INCREASING FLIGHT TEST RATE.—The Sec- (D) Temporarily or permanently suspend or
(i) the objectives achieved by the exercise and retary of Defense shall increase the rate at debar the individual or entity in accordance
any data collected for the purposes of decision which hypersonic capabilities are flight tested to with part 180 of title 2, Code of Federal Regula-
making; expedite the maturation and fielding of such ca- tions, any successor regulation, or any other ap-
(ii) identification of the portions of the exer- pabilities. propriate law or regulation, from receiving gov-
cise that were scripted and unscripted and any (c) STRATEGY AND PLAN.—Not later than 60 ernment funding.
technical workarounds or substitutes used for days after the date of the enactment of this Act, (E) Refer the failure to disclose under sub-
purposes of the exercise; and the Chief of Staff of the Air Force, in consulta- section (a) to the Inspector General of the agen-
(iii) the interim capabilities provided to com- tion with the Under Secretary of Defense for Re- cy concerned for further investigation or to Fed-
batant commanders after the conclusion of the search and Engineering, shall submit to the con- eral law enforcement authorities to determine
exercise (commonly known as ‘‘leave behind’’ gressional defense committees a strategy and whether any criminal or civil laws were vio-
capabilities) and a plan for the sustainment or plan for fielding air-launched and air-breathing lated.
dlhill on DSK120RN23PROD with HOUSE
upgrade of such capabilities; and hypersonic weapons capabilities within the pe- (F) Place the individual or entity in the Fed-
(iv) the total cost of the exercise and a break- riod of three years following such date of enact- eral Awardee Performance and Integrity Infor-
down of the costs with respect to technology, ment. mation System for noncompliance to alert other
range and demonstration resources, personnel, (d) REPORT.—In addition to the strategy and agencies.
and logistics; and plan required under subsection (c), not later (G) Take such other actions against the indi-
(B) such other information as the Secretary of than 60 days after the date of the enactment of vidual or entity as are authorized under appli-
the Air Force determines appropriate. this Act, the Under Secretary of Defense for Re- cable law or regulations.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6173
(3) SPECIAL RULE FOR ENFORCEMENT AGAINST (1) TRANSITION PLAN REQUIRED.—The Under (E) to support public-private partnerships be-
ENTITIES.—An enforcement action described in Secretary of Defense for Research and Engineer- tween the Department and industry on matters
paragraph (2) may be taken against an entity ing, in consultation with the cross functional relating to 5G wireless networking;
only in a case in which— team established under subsection (c), shall de- (F) to coordinate research and development,
(A) the entity did not meet the requirements of velop a plan to transition fifth-generation (com- implementation and acquisition activities,
subsection (a)(2); monly known as ‘‘5G’’) wireless technology to warfighting concept development, spectrum pol-
(B) the entity knew that a covered individual operational use within the Department of De- icy, industrial policy and commercial outreach
failed to disclose information under subsection fense. and partnership relating to 5G wireless net-
(a)(1) and the entity did not take steps to rem- (2) ELEMENTS.—The transition plan under working in the Department, and interagency
edy such nondisclosure before the application paragraph (1) shall include the following: and international engagement;
was submitted; or (A) A timeline for the transition of responsi- (G) to integrate the Department’s 5G wireless
(C) the head of the Federal research agency bility for 5G wireless networking to the Chief In- networking programs and policies with major
concerned determines that— formation Officer, as required under subsection initiatives, programs, and policies of the Depart-
(i) the entity is owned, controlled, or substan- (b)(1). ment relating to secure microelectronics and
tially influenced by a covered individual; and (B) A description of the roles and responsibil- command and control; and
(ii) such individual knowingly failed to dis-
ities of the organizations and elements of the (H) to oversee, coordinate, execute, and lead
close information under subsection (a)(1).
(4) NOTICE.—A Federal research agency that Department of Defense with respect to the ac- initiatives to advance 5G wireless network tech-
intends to take action under paragraph (1) or quisition, sustainment, and operation of 5G nologies and associated applications developed
(2) shall, as practicable and in accordance with wireless networking for the Department, as de- for the Department.
part 180 of title 2, Code of Federal Regulations, termined by the Secretary of Defense in accord- (3) TEAM LEADER.—The Under Secretary of
any successor regulation, or any other appro- ance with subsection (d). Defense for Research and Engineering shall lead
priate law or regulation, notify each individual (3) INTERIM BRIEFING.—Not later than March the cross-functional team established under
or entity subject to such action about the spe- 31, 2021 the Secretary of Defense shall provide to paragraph (1) until the date on which the Sec-
cific reason for the action, and shall provide the congressional defense committees a briefing retary of Defense designates the Chief Informa-
such individuals and entities with the oppor- on the status of the plan required under para- tion Officer as the senior official responsible for
tunity to, and a process by which, to contest the graph (1). 5G wireless networking as required under sub-
proposed action. (4) FINAL REPORT.—Not later than September section (b)(1). Beginning on the date of such
(5) EVIDENTIARY STANDARDS.—A Federal re- 30, 2021, the Secretary of Defense shall submit to designation, the Chief Information Officer shall
search agency seeking suspension or debarment the congressional defense committees a report lead the cross functional team.
under paragraph (2)(D) shall abide by the pro- that includes the plan developed under para- (d) DETERMINATION OF ORGANIZATIONAL
cedures and evidentiary standards set forth in graph (1). ROLES AND RESPONSIBILITIES.—The Secretary of
part 180 of title 2, Code of Federal Regulations, (b) SENIOR OFFICIAL FOR 5G WIRELESS NET- Defense, acting through the cross-functional
any successor regulation, or any other appro- WORKING.— team established under subsection (c), shall de-
priate law or regulation. (1) DESIGNATION OF CHIEF INFORMATION OFFI- termine the roles and responsibilities of the or-
(d) DEFINITIONS.—In this section: CER.—Not later than October 1, 2023, the Sec- ganizations and elements of the Department of
(1) The term ‘‘covered individual’’ means an retary of Defense shall designate the Chief In- Defense with respect to the acquisition,
individual who— formation Officer as the senior official within sustainment, and operation of 5G wireless net-
(A) contributes in a substantive, meaningful Department of Defense with primary responsi- working for the Department, including the roles
way to the scientific development or execution bility for— and responsibilities of the Office of the Sec-
of a research and development project proposed (A) policy, oversight, guidance, research, and retary of Defense, the intelligence components
to be carried out with a research and develop- coordination on matters relating to 5G wireless of the Department, Defense Agencies and De-
ment award from a Federal research agency; networking; and partment of Defense Field Activities, the Armed
and (B) making proposals to the Secretary on gov- Forces, combatant commands, and the Joint
(B) is designated as a covered individual by ernance, management, and organizational pol- Staff.
the Federal research agency concerned. icy for 5G wireless networking. (e) BRIEFING.—Not later than 90 days after
(2) The term ‘‘current and pending research (2) ROLE OF UNDER SECRETARY OF DEFENSE the date of the enactment of this Act, the Sec-
support’’— FOR RESEARCH AND ENGINEERING.—The Under retary of Defense shall submit to the congres-
(A) means all resources made available, or ex- Secretary of Defense for Research and Engineer- sional defense committees a briefing on the
pected to be made available, to an individual in ing shall carry out the responsibilities specified progress of the Secretary in—
support of the individual’s research and devel- in paragraph (1) until the date on which the (1) establishing the cross-functional team
opment efforts, regardless of— Secretary of Defense designates the Chief Infor- under subsection (c); and
(i) whether the source of the resource is for- mation Officer as the senior official responsible (2) determining the roles and responsibilities
eign or domestic; for 5G wireless networking under such para- of the organizations and elements of the Depart-
(ii) whether the resource is made available graph. ment of Defense with respect to 5G wireless net-
through the entity applying for a research and (c) CROSS-FUNCTIONAL TEAM FOR 5G WIRELESS working as required under subsection (d).
development award or directly to the individual; NETWORKING.— (f) 5G PROCUREMENT DECISIONS.—Each Sec-
or (1) ESTABLISHMENT.—Using the authority pro- retary of a military department shall be respon-
(iii) whether the resource has monetary value;
vided under section 911(c) of the National De- sible for decisions relating to the procurement of
and
fense Authorization Act for Fiscal Year 2017 5G wireless technology for that department.
(B) includes in-kind contributions requiring a
(Public Law 114–328; 10 U.S.C. 111 note), the (g) TELECOMMUNICATIONS SECURITY PRO-
commitment of time and directly supporting the
Secretary of Defense shall establish a cross- GRAM.—
individual’s research and development efforts,
functional team for 5G wireless networking. (1) PROGRAM REQUIRED.—The Secretary of De-
such as the provision of office or laboratory
(2) DUTIES.—The duties of the cross-func- fense shall carry out a program to identify and
space, equipment, supplies, employees, or stu-
tional team established under paragraph (1) mitigate vulnerabilities in the 5G telecommuni-
dents.
(3) The term ‘‘entity’’ means an entity that shall be— cations infrastructure of the Department of De-
has applied for or received a research and devel- (A) to assist the Secretary of Defense in deter- fense.
opment award from a Federal research agency. mining the roles and responsibilities of the orga- (2) ELEMENTS.—In carrying out the program
(4) The term ‘‘Federal research agency’’ nizations and elements of the Department of De- under paragraph (1), the Secretary shall—
means any Federal agency with an annual ex- fense with respect to the acquisition, (A) develop a capability to communicate clear-
tramural research expenditure of over sustainment, and operation of 5G wireless net- ly and authoritatively about threats by foreign
$100,000,000. working, as required under subsection (d); adversaries;
(5) The term ‘‘research and development (B) to assist the senior official responsible for (B) conduct independent red-team security
award’’ means support provided to an indi- 5G wireless networking in carrying out the re- analysis of systems, subsystems, devices, and
vidual or entity by a Federal research agency to sponsibilities assigned to such official under components of the Department of Defense in-
carry out research and development activities, subsection (b); cluding no-knowledge testing and testing with
which may include support in the form of a (C) to oversee the implementation of the strat- limited or full knowledge of expected
grant, contract, cooperative agreement, or other egy developed under section 254 of the National functionalities;
such transaction. The term does not include a Defense Authorization Act for Fiscal Year 2020 (C) verify the integrity of personnel who are
grant, contract, agreement or other transaction (Public Law 116–92; 10 U.S.C. 2223a note) for tasked with design fabrication, integration, con-
for the procurement of goods or services to meet harnessing 5G wireless networking technologies, figuration, storage, test, and documentation of
dlhill on DSK120RN23PROD with HOUSE
the administrative needs of a Federal research coordinated across all relevant elements of the noncommercial 5G technology to be used by the
agency. Department; Department;
SEC. 224. GOVERNANCE OF FIFTH-GENERATION (D) to advance the adoption of commercially (D) verify the efficacy of the physical security
WIRELESS NETWORKING IN THE DE- available, next-generation wireless communica- measures used at Department locations where
PARTMENT OF DEFENSE. tion technologies, capabilities, security, and ap- system design, fabrication, integration, configu-
(a) TRANSITION OF 5G WIRELESS NETWORKING plications by the Department and the defense ration, storage, test, and documentation of 5G
TO OPERATIONAL USE.— industrial base; and technology occurs;
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
H6174 CONGRESSIONAL RECORD — HOUSE December 3, 2020
(E) direct the Chief Information Officer to as- water harvesting technologies to support and class of naval vessels that includes the covered
sess, using existing government evaluation mod- improve water sustainment within the Depart- vessel, that the critical mission, hull, mechan-
els and schema where applicable, 5G core service ment of Defense and in geographic regions ical, and electrical subsystems of the covered
providers whose services will be used by the De- where the Department operates. vessel—
partment through the Department’s provisional (b) REQUIRED ACTIVITIES.—In carrying out (i) have been demonstrated in vessel-rep-
authorization process; and subsection (a), the Secretary shall— resentative form, fit, and function; and
(F) direct the Defense Information Systems (1) develop advanced water harvesting systems (ii) have achieved performance levels equal to
Agency and the United States Cyber Command that reduce weight and logistics support needs or greater than applicable Department of De-
to develop a capability for continuous, inde- compared to conventional water supply systems, fense threshold requirements for such class of
pendent monitoring of non-commercial, govern- including— vessels or have maturation plans in place to
ment-transiting packet streams for 5G data on (A) modular water harvesting systems that are achieve such performance levels prior to transi-
frequencies assigned to the Department to vali- easily transportable; and tion to a program of record, including a detailed
date the availability, confidentiality, and integ- (B) trailer mounted water harvesting systems description of such achieved performance or
rity of the Department’s communications sys- that reduce resupply needs; maturation plans; and
tems. (2) develop and implement storage require- (B) such contract is necessary to meet Depart-
(3) IMPLEMENTATION PLAN.—Not later than 90 ments for water harvesting systems at forward ment research, development, test, and evalua-
days after the date of the enactment of this Act, operating bases; and tion objectives for such covered vessel that can-
the Secretary of Defense shall submit to Con- (3) establish cross functional teams to identify not otherwise be met through further land-based
gress a plan for the implementation of the pro- geographic regions where the deployment of subsystem prototyping or other demonstration
gram under paragraph (1). water harvesting systems could reduce conflict approaches.
(4) REPORT.—Not later than 270 days after and potentially eliminate the need for the pres- (d) LIMITATION ON WEAPON INTEGRATION.—
submitting the plan under paragraph (3), the ence of the Armed Forces. (1) IN GENERAL.—The Secretary may not inte-
Secretary of Defense shall submit to Congress a (c) ADDITIONAL ACTIVITIES.—In addition to grate any offensive weapon system into a cov-
report that includes— the activities required under subsection (b), the ered vessel until the date that is 30 days after
(A) a comprehensive assessment of the find- Secretary shall— the date on which the Secretary of the Defense
ings and conclusions of the program under (1) seek to leverage existing water harvesting certifies to the congressional defense committees
paragraph (1); techniques and technologies and apply such that such covered vessel—
(B) recommendations on how to mitigate techniques and technologies to military oper- (A) will comply with applicable laws, includ-
vulnerabilities in the telecommunications infra- ations carried out by the United States; ing the law of armed conflict, with a detailed
structure of the Department of Defense; and (2) consider using commercially available off- explanation of how such compliance will be
(C) an explanation of how the Department the-shelf items (as defined in section 104 of title achieved; and
plans to implement such recommendations. 41, United States Code) and near-ready deploy- (B) has been determined to be the most appro-
(h) RULE OF CONSTRUCTION.— ment technologies to achieve cost savings and priate surface vessel to meet applicable offensive
(1) IN GENERAL.—Nothing in this section shall improve the self sufficiency of warfighters; and military requirements.
be construed as providing the Chief Information (3) seek to enter into information sharing ar- (2) COMPLETION OF ANALYSIS OF ALTERNATIVES
Officer immediate responsibility for the activities rangements with foreign militaries and other or- REQUIRED.—A determination under paragraph
of the Department of Defense in fifth-generation ganizations that have the proven ability to oper- (1)(B) shall be made only after the completion of
wireless networking experimentation and ate in water constrained areas for the purpose an analysis of alternatives that—
science and technology development. of sharing lessons learned and best practices re- (A) is described in subsection (e)(1); and
(2) PURVIEW OF EXPERIMENTATION AND lating to water harvesting. (B) supports such determination.
SCIENCE AND TECHNOLOGY DEVELOPMENT.—The (d) IMPLEMENTATION.—The Secretary shall de- (e) SUBMITTAL OF ANALYSIS OF ALTERNATIVES
activities described in paragraph (1) shall re- ploy technologies developed under subsection TO CONGRESS.—
main within the purview of the Under Secretary (b)(1) for use by expeditionary forces not later (1) ANALYSIS OF ALTERNATIVES REQUIRED.—
of Defense for Research and Engineering, but than January 1, 2025. Not later than one year after the date of the en-
shall inform and be informed by the activities of (e) WATER HARVESTING DEFINED.—In this sec- actment of this Act, the Secretary shall submit
the cross-functional team established pursuant tion, the term ‘‘water harvesting’’, when used to the congressional defense committees an anal-
to subsection (c). with respect to a system or technology, means a ysis of alternatives regarding covered vessels
system or technology that is capable of creating with an integrated offensive weapon system and
SEC. 225. DEMONSTRATION PROJECT ON USE OF
CERTAIN TECHNOLOGIES FOR useable water by— the most appropriate surface vessels to meet ap-
FIFTH-GENERATION WIRELESS NET- (1) harvesting water from underutilized envi- plicable offensive military requirements.
WORKING SERVICES. ronmental sources, such as by capturing water (2) CONTENTS.—The analysis submitted under
(a) DEMONSTRATION PROJECT.—The Secretary from ambient humidity; or paragraph (1) shall include, at a minimum, the
of Defense shall carry out a demonstration (2) recycling or otherwise reclaiming water following elements:
project to evaluate the maturity, performance, that has previously been used. (A) Identification of capability needs applica-
and cost of covered technologies to provide addi- SEC. 227. LIMITATION ON CONTRACT AWARDS
ble to such covered vessels, including offensive
tional options for providers of fifth-generation FOR CERTAIN UNMANNED VESSELS. strike capability and capacity from the Mark–41
wireless network services. (a) LIMITATION.—Not less than 30 days before vertical launch system.
(b) LOCATION.—The Secretary of Defense shall (B) Projected threats.
awarding a contract using any funds from the
carry out the demonstration project under sub- (C) Projected operational environments.
Research, Development, Test, and Evaluation, (D) Projected operational concepts.
section (a) in at least one location where the Navy account for the purchase of a covered ves- (E) Projected operational requirements.
Secretary plans to deploy a fifth-generation sel, the Secretary of the Navy shall submit to (F) Status quo (baseline) and surface vessel
wireless network. the congressional defense committees a report alternatives able to meet the capability needs
(c) COORDINATION.—The Secretary shall carry and certification described in subsection (c) for identified in subparagraph (A), including—
out the demonstration project under subsection such contract and covered vessel. (i) modified naval vessel designs, including
(a) in coordination with at least one major wire- (b) COVERED VESSELS.—For purposes of this amphibious ships, expeditionary fast transports,
less network service provider based in the section, a covered vessel is one of the following: and expeditionary sea bases;
United States. (1) A large unmanned surface vessel (LUSV). (ii) modified commercial vessel designs, includ-
(d) COVERED TECHNOLOGIES DEFINED.—In this (2) A medium unmanned surface vehicle ing container ships and bulk carriers;
section, the term ‘‘covered technologies’’ (MUSV). (iii) new naval vessel designs; and
means— (c) REPORT AND CERTIFICATION DESCRIBED.— (iv) new commercial vessel designs.
(1) a disaggregated or virtualized radio access A report and certification described in this sub- (G) Vessel design, performance, and measures
network and core in which components can be section regarding a contract for a covered vessel of effectiveness of the baseline and each alter-
provided by different vendors and interoperate is— native, including a description of critical mis-
through open protocols and interfaces, includ- (1) a report— sion, hull, mechanical, and electrical sub-
ing those protocols and interfaces utilizing the (A) submitted to the congressional defense systems.
Open Radio Access Network (commonly known committees not later than 60 days after the date (H) Estimated research, development, test, and
as ‘‘Open RAN’’ or ‘‘oRAN’’) approach; and of the completion of an independent technical evaluation cost of baseline and each alternative.
(2) one or more massive multiple-input, mul- risk assessment for such covered vessel; (I) Estimated lead vessel and average follow-
tiple-output radio arrays, provided by one or (B) on the findings and recommendations of on vessel procurement costs of baseline and each
more companies based in the United States, that the Senior Technical Authority for the class of alternative.
have the potential to compete favorably with ra- naval vessels that includes the covered vessel (J) Life-cycle costs of baseline and each alter-
dlhill on DSK120RN23PROD with HOUSE
dios produced by foreign companies in terms of with respect to such assessment; and native.
cost, performance, and efficiency. (C) that includes such assessment; and (K) Life-cycle cost per baseline vessel and
SEC. 226. RESEARCH, DEVELOPMENT, AND DE- (2) a certification, submitted to the congres- each alternative vessel.
PLOYMENT OF TECHNOLOGIES TO sional defense committees with the report de- (L) Life-cycle cost per specified quantity of
SUPPORT WATER SUSTAINMENT. scribed in paragraph (1), that certifies that— baseline vessels and alternative vessels.
(a) IN GENERAL.—The Secretary of Defense (A) the Secretary has determined, in conjunc- (M) Technology readiness assessment of base-
shall research, develop, and deploy advanced tion with the Senior Technical Authority for the line and each alternative.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6175
(N) Analysis of alternatives, including relative tween the Center and the Armed Forces for the ‘‘(B) CONTINUATION.—The Director of the
cost and capability performance of baseline and purposes of— Joint Artificial Intelligence Center shall con-
alternative vessels. ‘‘(i) identifying tactical and operational use tinue to report to the Deputy Secretary of De-
(O) Trade-off analysis. cases for artificial intelligence; fense as described in subparagraph (A) after the
(P) Sensitivity analysis. ‘‘(ii) improving data collection relating to arti- expiration of the covered period if, not later
(Q) Conclusions and recommendations, which ficial intelligence; and than 30 days before such period expires, the
if the Secretary of Defense deems it appropriate, ‘‘(iii) establishing effective lines of commu- Deputy Secretary—
shall include the determination required under nication between the Center and the Armed ‘‘(i) determines that the Director should con-
subsection (d)(1)(B). Forces to identify and address concerns from the tinue to report to Deputy Secretary without in-
(f) DEFINITIONS.—In this section: Armed Forces relating to the widespread adop- tervening authority; and
(1) The term ‘‘critical mission, hull, mechan- tion and dissemination of artificial intelligence. ‘‘(ii) transmits notice of such determination to
ical, and electrical subsystems’’, with respect to ‘‘(B) A description of any efforts undertaken the congressional defense committees.
a covered vessel, includes the following sub- to create opportunities for additional nontradi- ‘‘(C) COVERED PERIOD DEFINED.—In this para-
systems: tional broadening assignments at the Center for graph, the term ‘covered period’ means the pe-
(A) Command, control, communications, com- members of the Armed Forces on active duty. riod of two years beginning on the date of the
puters, intelligence, surveillance, and reconnais- ‘‘(C) An analysis of the career trajectories of enactment of the William M. (Mac) Thornberry
sance. active duty members of the Armed Forces as- National Defense Authorization Act for Fiscal
(B) Autonomous vessel navigation, vessel con- signed to the Center, including any potential Year 2021.’’;
trol, contact management, and contact avoid- negative effects of such assignment on the ca- (5) in subsection (d), as so redesignated—
ance. reer trajectories of such members.’’. (A) in paragraph (1), in the matter preceding
(C) Communications security, including SEC. 232. MODIFICATION OF JOINT ARTIFICIAL subparagraph (A), by inserting ‘‘acquire,’’ be-
cryptopgraphy, encryption, and decryption. INTELLIGENCE RESEARCH, DEVEL- fore ‘‘develop’’;
OPMENT, AND TRANSITION ACTIVI- (B) in the heading of paragraph (2), by strik-
(D) Main engines, including the lube oil, fuel
TIES.
oil, and other supporting systems. ing ‘‘DEVELOPMENT’’ and inserting ‘‘ACQUISI-
Section 238 of the John S. McCain National TION, DEVELOPMENT’’; and
(E) Electrical generation and distribution, in-
Defense Authorization Act for Fiscal Year 2019 (C) in paragraph (2)—
cluding supporting systems.
(Public Law 115–232; 10 U.S.C. 2358 note) is (i) in the matter preceding subparagraph (A),
(F) Military payloads.
amended— by striking ‘‘To the degree practicable, the des-
(G) Any other subsystem identified as critical
(1) in subsection (a)— ignated official’’ and inserting ‘‘The official
by the Senior Technical Authority for the class (A) in paragraph (1), by inserting ‘‘acquire,’’
of naval vessels that includes the covered vessel. designated under subsection (b)’’;
before ‘‘develop’’; and (ii) in subparagraph (A), by striking ‘‘develop-
(2) The term ‘‘Senior Technical Authority’’ (B) by amending paragraph (2) to read as fol-
means, with respect to a class of naval vessels, ment’’ and inserting ‘‘acquisition’’;
lows: (iii) by redesignating subparagraphs (H) and
the Senior Technical Authority designated for ‘‘(2) EMPHASIS.—The set of activities estab-
that class of naval vessels under section 8669b of (I) as subparagraphs (J) and (K), respectively;
lished under paragraph (1) shall include— and
title 10, United States Code. ‘‘(A) acquisition and development of mature (iv) by inserting after subparagraph (G), the
Subtitle C—Artificial Intelligence and artificial intelligence technologies in support of following new subparagraphs:
Emerging Technology defense missions; ‘‘(H) develop standard data formats for the
SEC. 231. MODIFICATION OF BIANNUAL REPORT ‘‘(B) applying artificial intelligence and ma-
Department that—
ON THE JOINT ARTIFICIAL INTEL- chine learning solutions to operational problems ‘‘(i) aid in defining the relative maturity of
LIGENCE CENTER. by directly delivering artificial intelligence ca- datasets; and
Section 260(b) of the National Defense Author- pabilities to the Armed Forces and other organi- ‘‘(ii) inform best practices for cost and sched-
ization Act for Fiscal Year 2020 (Public Law zations and elements of the Department of De- ule computation, data collection strategies
116–92; 133 Stat. 1293) is amended by adding at fense; aligned to mission outcomes, and dataset main-
the end the following new paragraphs: ‘‘(C) accelerating the development, testing, tenance practices;
‘‘(11) The results of an assessment, conducted and fielding of new artificial intelligence and ‘‘(I) establish data and model usage agree-
biannually, on the efforts of the Center and the artificial intelligence-enabling capabilities; and ments and collaborative partnership agreements
Department of Defense to develop or contribute ‘‘(D) coordinating and deconflicting activities for artificial intelligence product development
to the development of standards for artificial in- involving artificial intelligence and artificial in- with each organization and element of the De-
telligence, including— telligence-enabled capabilities within the De- partment, including each of the Armed Forces;’’;
‘‘(A) a description of such efforts; partment.’’; (6) in subsection (e), as so redesignated—
‘‘(B) an evaluation of the need to incorporate (2) by striking subsection (e); (A) by striking ‘‘The Secretary shall’’ and in-
standards for artificial intelligence into the (3) by redesignating subsections (c) and (d) as
serting ‘‘Not later than 180 days after the date
strategies and doctrine of the Department and a subsections (d) and (e), respectively;
of the enactment of the William M. (Mac)
description of any efforts undertaken to further (4) by inserting after subsection (b) the fol-
Thornberry National Defense Authorization Act
the development and adoption of such stand- lowing new subsection:
for Fiscal Year 2021, the Secretary of Defense
‘‘(c) ORGANIZATION AND ROLES.—
ards; shall issue regulations to’’;
‘‘(1) ASSIGNMENT OF ROLES AND RESPONSIBIL-
‘‘(C) an explanation of any collaboration on (B) by striking ‘‘the coordination described in
ITIES.—
artificial intelligence standards development subsection (b) and the duties set forth in sub-
‘‘(A) IN GENERAL.—In addition to designating
with— section (c)’’ and inserting ‘‘the duties set forth
an official under subsection (b), the Secretary of
‘‘(i) other organizations and elements of the in subsection (d)’’; and
Defense shall assign to appropriate officials
Department of Defense (including the Defense (C) by adding at the end the following new
within the Department of Defense roles and re-
Agencies and the military departments); sentence: ‘‘At a minimum, such access shall en-
sponsibilities relating to the research, develop-
‘‘(ii) agencies of the Federal Government; sure that the Director of the Joint Artificial In-
ment, prototyping, testing, procurement of, re-
‘‘(iii) the intelligence community; telligence Center has the ability to discover, ac-
quirements for, and operational use of artificial
‘‘(iv) representatives of the defense industrial cess, share, and appropriately reuse data and
intelligence technologies.
base and other sectors of private industry; and ‘‘(B) APPROPRIATE OFFICIALS.—The officials models of the Armed Forces and other organiza-
‘‘(v) any other agencies, entities, organiza- assigned roles and responsibilities under sub- tions and elements of the Department of De-
tions, or persons the Secretary considers appro- paragraph (A) shall include— fense, build and maintain artificial intelligence
priate; and ‘‘(i) the Under Secretary of Defense for Re- capabilities for the Department, and execute the
‘‘(D) an explanation of any participation by search and Engineering; duties assigned to the Director by the Sec-
the Center and the Department of Defense in ‘‘(ii) the Under Secretary of Defense for Ac- retary.’’; and
international or other multi-stakeholder stand- quisition and Sustainment; (7) by adding at the end the following new
ard-setting bodies. ‘‘(iii) the Director of the Joint Artificial Intel- subsection:
‘‘(12) For each member of the Armed Forces ligence Center; ‘‘(h) JOINT ARTIFICIAL INTELLIGENCE CENTER
who concluded a formal assignment supporting ‘‘(iv) one or more officials in each military de- DEFINED.—In this section, term ‘Joint Artificial
the Center in the period of six months preceding partment; Intelligence Center’ means the Joint Artificial
the date of the report, a position description of ‘‘(v) officials of appropriate Defense Agencies; Intelligence Center of the Department of De-
the billet that the member transitioned into, as and fense established pursuant to the memorandum
provided to the Center by the Armed Force of ‘‘(vi) such other officials as the Secretary of of the Secretary of Defense dated June 27, 2018,
the member within 30 days of reassignment. Defense determines appropriate. and titled ‘Establishment of the Joint Artificial
dlhill on DSK120RN23PROD with HOUSE
‘‘(13) An annual update, developed in con- ‘‘(2) ROLE OF DIRECTOR OF THE JOINT ARTIFI- Intelligence Center’, or any successor to such
sultation with the Armed Forces, on the status CIAL INTELLIGENCE CENTER.— Center.’’.
of active duty members of the Armed Forces as- ‘‘(A) DIRECT REPORT TO DEPUTY SECRETARY OF SEC. 233. BOARD OF ADVISORS FOR THE JOINT
signed to the Center. This update shall include DEFENSE.—During the covered period, the Direc- ARTIFICIAL INTELLIGENCE CENTER.
the following: tor of the Joint Artificial Intelligence Center (a) ESTABLISHMENT.—The Secretary of De-
‘‘(A) An assessment of the effectiveness of shall report directly to the Deputy Secretary of fense shall establish a board of advisors for the
such assignments in strengthening the ties be- Defense without intervening authority. Joint Artificial Intelligence Center.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
H6176 CONGRESSIONAL RECORD — HOUSE December 3, 2020
(b) DUTIES.—The duties of the board of advi- defense committees a briefing summarizing the (3) The Under Secretary of Defense for Intel-
sors shall include the following: activities carried out under this section. ligence and Security.
(1) Provide independent strategic advice and SEC. 235. ACQUISITION OF ETHICALLY AND RE- (4) The Under Secretary of Defense for Re-
technical expertise to the Secretary and the Di- SPONSIBLY DEVELOPED ARTIFICIAL search and Engineering.
rector on matters relating to the development INTELLIGENCE TECHNOLOGY. (5) The Under Secretary of Defense for Per-
and use of artificial intelligence by the Depart- (a) ASSESSMENT REQUIRED.— sonnel and Readiness.
ment of Defense. (1) IN GENERAL.—Not later than 180 days after (6) The Under Secretary of Defense for Acqui-
(2) Evaluate and advise the Secretary and the the date of the enactment of this Act, the Sec- sition and Sustainment.
Director on ethical matters relating to the devel- retary of Defense, shall conduct an assessment (7) The Chief Information Officer.
opment and use of artificial intelligence by the to determine— (8) Such other officials of the Department of
Department. (A) whether the Department of Defense has Defense as the Secretary of Defense determines
(3) Conduct long-term and long-range studies the ability, requisite resourcing, and sufficient appropriate.
on matters relating to artificial intelligence, as expertise to ensure that any artificial intel- (c) RESPONSIBILITIES.—The Steering Com-
required. ligence technology acquired by the Department mittee shall be responsible for—
(4) Evaluate and provide recommendations to is ethically and responsibly developed; and (1) developing a strategy for the organiza-
the Secretary and the Director regarding the (B) how the Department can most effectively tional change, concept and capability develop-
Department’s development of a robust workforce implement ethical artificial intelligence stand- ment, and technology investments in emerging
proficient in artificial intelligence. ards in acquisition processes and supply chains. technologies that are needed to maintain the
(5) Assist the Secretary and the Director in de- (2) ELEMENTS.—The assessment conducted technological superiority of the United States
veloping strategic level guidance on artificial in- under paragraph (1) shall address the following:
military as outlined in the National Defense
telligence-related hardware procurement, sup- (A) Whether there are personnel occupying
Strategy;
ply-chain matters, and other technical matters relevant roles within the Department of Defense
(2) providing assessments of emerging threats
relating to artificial intelligence. who have sufficient expertise, across multiple
and identifying investments and advances in
(c) MEMBERSHIP.—The board of advisors shall disciplines (including ethical, legal, and tech-
emerging technology areas undertaken by ad-
be composed of appropriate experts from aca- nical expertise)—
(i) to advise on the acquisition of artificial in- versaries of the United States;
demic or private sector organizations outside the
telligence technology; and (3) making recommendations to the Secretary
Department of Defense, who shall be appointed
(ii) to ensure the acquisition of ethically and of Defense on—
by the Secretary.
responsibly developed artificial intelligence (A) the implementation of the strategy devel-
(d) CHAIRPERSON.—The chairperson of the
technology. oped under paragraph (1);
board of advisors shall be selected by the Sec-
(B) The feasibility and advisability of retain- (B) steps that may be taken to address the
retary.
(e) MEETINGS.—The board of advisors shall ing outside experts as consultants to assist the threats identified under paragraph (2);
meet not less than once each fiscal quarter and Department in strengthening capacity and fill- (C) any changes to a program of record that
may meet at other times at the call of the chair- ing any gaps in expertise identified under sub- may be required to achieve the strategy under
person or a majority of its members. paragraph (A). paragraph (1);
(f) REPORTS.—Not later than September 30 of (C) The extent to which existing acquisition (D) any changes to the Defense Planning
each year through September 30, 2024, the board processes encourage or require consultation with Guidance required by section 113(g)(2)(A) of title
of advisors shall submit to the congressional de- relevant experts across multiple disciplines with- 10, United States Code, that may be required to
fense committees a report that summarizes the in the Department to ensure that artificial intel- achieve the strategy under paragraph (1); and
activities of the board over the preceding year. ligence technology acquired by the Department (E) whether sufficient resources are available
(g) DEFINITIONS.—In this section: is ethically and responsibly developed. for the research activities, workforce, and infra-
(1) The term ‘‘artificial intelligence’’ has the (D) Quantitative and qualitative standards structure of the Department of Defense to sup-
meaning given that term in section 238(g) of the for assessing the extent to which experts across port the development of capabilities to defeat
John S. McCain National Defense Authorization multiple disciplines are engaged in the acquisi- emerging threats to the United States; and
Act for Fiscal Year 2019 (Public Law 115–232; 10 tion of artificial intelligence technology by the (4) carrying out such other activities as are
U.S.C. 2358 note). department. assigned to the Steering Committee by the Sec-
(2) The term ‘‘Director’’ means the Director of (b) BRIEFING REQUIRED.— retary of Defense.
the Joint Artificial Intelligence Center. (1) IN GENERAL.—Not later than 30 days after (d) EMERGING TECHNOLOGY DEFINED.—In this
(3) The term ‘‘Joint Artificial Intelligence Cen- the date on which the Secretary of Defense com- section, the term ‘‘emerging technology’’ means
ter’’ means the Joint Artificial Intelligence Cen- pletes the assessment under subsection (a), the technology determined to be in an emerging
ter of the Department of Defense established Secretary shall provide to the congressional de- phase of development by the Secretary, includ-
pursuant to the memorandum of the Secretary fense committees a briefing on the results of the ing quantum information science and tech-
of Defense dated June 27, 2018, and titled ‘‘Es- assessment. nology, data analytics, artificial intelligence,
tablishment of the Joint Artificial Intelligence (2) ELEMENTS.—The briefing under paragraph autonomous technology, advanced materials,
Center’’, or any successor to such Center. (1) shall include, based on the results of the as- software, high performance computing, robotics,
(4) The term ‘‘Secretary’’ means the Secretary sessment— directed energy, hypersonics, biotechnology,
of Defense. (A) an explanation of whether the Depart- medical technologies, and such other technology
SEC. 234. APPLICATION OF ARTIFICIAL INTEL- ment of Defense has personnel, in the proper as may be identified by the Secretary.
LIGENCE TO THE DEFENSE REFORM roles and with sufficient expertise across mul- (e) SUNSET.—This section shall terminate on
PILLAR OF THE NATIONAL DEFENSE tiple disciplines, to ensure the acquisition of October 1, 2024.
STRATEGY. ethically and responsibly developed artificial in-
(a) IDENTIFICATION OF USE CASES.—The Sec- Subtitle D—Education and Workforce
telligence technology; Development
retary of Defense, acting through such officers (B) an explanation of whether the Depart-
and employees of the Department of Defense as SEC. 241. MEASURING AND INCENTIVIZING PRO-
ment has adequate procedures to encourage or
the Secretary considers appropriate, including GRAMMING PROFICIENCY.
require the consultation of such experts as part
the chief data officers and chief management of- of the acquisition process for artificial intel- (a) IN GENERAL.—Not later than two years
ficers of the military departments, shall identify ligence technology; after the date of the enactment of this Act, the
a set of no fewer than five use cases of the ap- (C) an explanation of any procedures the De- Secretary of Defense shall carry out the fol-
plication of existing artificial intelligence en- partment has in place to ensure that activities lowing activities:
abled systems to support improved management involving artificial intelligence are consistent (1) Leverage existing civilian software devel-
of enterprise acquisition, personnel, audit, or fi- with the Department’s ethical artificial intel- opment and software architecture certification
nancial management functions, or other appro- ligence standards; and programs to implement coding language pro-
priate management functions, that are con- (D) with respect to any deficiencies identified ficiency and artificial intelligence competency
sistent with reform efforts that support the Na- under subparagraph (A), (B), or (C), a descrip- tests within the Department of Defense that—
tional Defense Strategy. tion of any measures that have been taken, and (A) measure an individual’s competency in
(b) PROTOTYPING ACTIVITIES ALIGNED TO USE any additional resources that may be needed, to using machine learning tools, in a manner simi-
CASES.—The Secretary, acting through the mitigate such deficiencies. lar to the way the Defense Language Pro-
Under Secretary of Defense for Research and SEC. 236. STEERING COMMITTEE ON EMERGING ficiency Test measures competency in foreign
Engineering and in coordination with the Direc- TECHNOLOGY. language skills;
tor of the Joint Artificial Intelligence Center (a) ESTABLISHMENT.—The Secretary of De- (B) enable the identification of members of the
and such other officers and employees as the fense may establish a steering committee on Armed Forces and civilian employees of the De-
Secretary considers appropriate, shall pilot tech- emerging technology and national security partment of Defense who have varying levels of
dlhill on DSK120RN23PROD with HOUSE
nology development and prototyping activities threats (referred to in this section as the ‘‘Steer- quantified coding comprehension and skills and
that leverage commercially available tech- ing Committee’’). a propensity to learn new programming para-
nologies and systems to demonstrate new artifi- (b) MEMBERSHIP.—The Steering Committee digms, algorithms, and data analytics; and
cial intelligence enabled capabilities to support shall be composed of the following: (C) include hands-on coding demonstrations
the use cases identified under subsection (a). (1) The Deputy Secretary of Defense. and challenges.
(c) BRIEFING.—Not later than October 1, 2021, (2) The Vice Chairman of the Joint Chiefs of (2) Update existing recordkeeping systems to
the Secretary shall provide to the congressional Staff. track artificial intelligence and programming
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6177
certification testing results in a manner that is (C) by adding at the end the following new ‘‘(B) the Secretary of the Army shall seek to
comparable to the system used for tracking and paragraph: establish at least one multi-institution consor-
documenting foreign language competency, and ‘‘(3) may establish arrangements so that par- tium through the Army;
use that recordkeeping system to ensure that ticipants may participate in a paid internship ‘‘(C) the Secretary of the Navy shall seek to
workforce coding and artificial intelligence com- for an appropriate period with an industry establish at least one multi-institution consor-
prehension and skills are taken into consider- sponsor.’’; and tium through the Navy; and
ation when making assignments. (3) in subsection (f)— ‘‘(D) the Secretary of the Air Force shall seek
(3) Implement a system of rewards, including (A) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; to establish at least one multi-institution consor-
appropriate incentive pay and retention incen- and tium through the Air Force.
tives, for members of the Armed Forces and civil- (B) by adding at the end the following new ‘‘(2) REPORT REQUIRED.—Not later than Sep-
ian employees of the Department of Defense paragraph: tember 30, 2022, the Secretary of Defense shall
who perform successfully on specific language ‘‘(2) The Secretary of Defense shall seek to submit to the congressional defense committees a
coding proficiency and artificial intelligence enter into partnerships with minority institu- report on the status of the efforts to establish
competency tests and make their skills available tions of higher education and appropriate pub- consortia under paragraph (1).’’; and
to the Department. lic and private sector organizations to diversify (5) in subsection (g), as so redesignated, by
(b) INFORMATION SHARING WITH OTHER FED- the participants in the program under sub- striking ‘‘2022’’ and inserting ‘‘2026’’.
ERAL AGENCIES.—The Secretary of Defense shall section (a).’’. SEC. 245. ENCOURAGEMENT OF CONTRACTOR
share information on the activities carried out SEC. 243. IMPROVEMENTS TO TECHNOLOGY AND SCIENCE, TECHNOLOGY, ENGINEER-
under subsection (a) with the Secretary of NATIONAL SECURITY FELLOWSHIP ING, AND MATHEMATICS (STEM)
OF DEPARTMENT OF DEFENSE. PROGRAMS.
Homeland Security, the Attorney General, the
Director of National Intelligence, and the heads (a) MODIFICATION REGARDING BASIC PAY.— (a) IN GENERAL.—The Under Secretary of De-
of such other organizations of the intelligence Subparagraph (A) of section 235(a)(4) of Na- fense for Research and Engineering, in coordi-
community as the Secretary determines appro- tional Defense Authorization Act for Fiscal nation with the Under Secretary of Defense for
priate, for purposes of— Year 2020 (Public Law 116–92; 10 U.S.C. 1580 Acquisition and Sustainment, shall develop pro-
(1) making information about the coding lan- note prec.) is amended to read as follows: grams and incentives to ensure that Department
‘‘(A) shall be compensated at a rate of basic of Defense contractors take appropriate steps
guage proficiency and artificial intelligence
pay that is not less than the minimum rate of to—
competency tests developed under such sub-
basic pay payable for a position at GS–10 of the (1) enhance undergraduate, graduate, and
section available to other Federal national secu-
General Schedule (subchapter III of chapter 53 doctoral programs in science, technology, engi-
rity agencies; and
of title 5, United States Code) and not more neering, and mathematics (in this section re-
(2) encouraging the heads of such agencies to
than the maximum rate of basic pay payable for ferred to as ‘‘STEM’’);
implement tracking and reward systems that are
a position at GS–15 of such Schedule; and’’. (2) make investments, such as programming
comparable to those implemented by the Depart-
(b) BACKGROUND CHECKS.—Subsection (b) of and curriculum development, in STEM programs
ment of Defense pursuant to such subsection.
such section is amended by adding at the end within elementary schools and secondary
(c) SPECIAL PAY FOR PROGRAMMING LANGUAGE
the following new paragraph: schools;
PROFICIENCY BENEFICIAL FOR NATIONAL SECU-
‘‘(3) BACKGROUND CHECK REQUIREMENT.—No (3) encourage employees to volunteer in ele-
RITY INTERESTS.—
individual may participate in the fellows pro- mentary schools and secondary schools, includ-
(1) IN GENERAL.—Chapter 81 of title 10, United
gram without first undergoing a background ing schools that the Secretary of Defense deter-
States Code, is amended by inserting after sec-
check that the Secretary of Defense considers mines serve high numbers or percentages of stu-
tion 1596b the following new section:
appropriate for participation in the program.’’. dents from low-income families or that serve sig-
‘‘§ 1596c. Programming language proficiency: SEC. 244. MODIFICATION OF MECHANISMS FOR nificant populations of military dependents, in
special pay for proficiency beneficial for na- EXPEDITED ACCESS TO TECHNICAL order to enhance STEM education and pro-
tional security interests TALENT AND EXPERTISE AT ACA-
DEMIC INSTITUTIONS.
grams;
‘‘(a) AUTHORITY.—The Secretary of Defense, (4) establish partnerships with appropriate en-
under the sole and exclusive discretion of the Section 217 of the National Defense Author-
tities, including institutions of higher education
Secretary, may pay special pay under this sec- ization Act for Fiscal Year 2018 (Public Law
for the purpose of training students in technical
tion to an employee of the Department of De- 115–91; 10 U.S.C. 2358 note) is amended—
disciplines;
fense who— (1) in subsection (a)—
(5) make personnel available to advise and as-
‘‘(1) has been certified by the Secretary to be (A) in paragraph (1)—
(i) by striking ‘‘National Defense Authoriza- sist in STEM educational activities aligned with
proficient in a computer or digital programming functions of the Department of Defense;
language identified by the Secretary as being a tion Act for Fiscal Year 2020’’ and inserting
‘‘William M. (Mac) Thornberry National De- (6) award scholarships and fellowships, and
language in which proficiency by civilian per- establish work-based learning programs in sci-
sonnel of the Department is necessary because fense Authorization Act for Fiscal Year 2021’’;
and entific disciplines;
of national security interests; and (7) conduct recruitment activities to enhance
‘‘(2) is assigned duties requiring proficiency in (ii) by striking ‘‘not fewer than three’’ and in-
serting ‘‘not fewer than four’’; the diversity of the STEM workforce; or
that programming language. (8) make internships available to students of
(B) by redesignating paragraph (2) as para-
‘‘(b) RATE.—The rate of special pay for an em- secondary schools, undergraduate, graduate,
graph (3);
ployee under this section shall be prescribed by and doctoral programs in STEM disciplines.
(C) by inserting after paragraph (1) the fol-
the Secretary, but may not exceed 20 percent of (b) AWARD PROGRAM.—The Secretary of De-
lowing new paragraph:
the employee’s rate of basic pay. ‘‘(2) COORDINATION.—In carrying out para- fense shall establish procedures to recognize de-
‘‘(c) RELATIONSHIP TO OTHER PAY AND AL- graph (1), the Secretary of Defense may act fense industry contractors that demonstrate ex-
LOWANCES.—Special pay under this section is in cellence in supporting STEM education, part-
through the Defense Advanced Research
addition to any other pay or allowances to Projects Agency or any other organization or nerships, programming, and other activities to
which the employee is entitled. element of the Department of Defense the Sec- enhance participation in STEM fields.
‘‘(d) REGULATIONS.—The Secretary of Defense retary considers appropriate.’’; and (c) IMPLEMENTATION.—Not later than 270 days
shall prescribe regulations to carry out this sec- (D) in paragraph (3), as so redesignated, by after the date of the enactment of this Act, the
tion.’’. inserting ‘‘training,’’ after ‘‘management,’’; Under Secretary of Defense for Research and
(2) CLERICAL AMENDMENT.—The table of sec- (2) in subsection (e)— Engineering shall submit to the congressional
tions at the beginning of chapter 81 of such title (A) in paragraph (28) by striking ‘‘Infrastruc- defense committees a report on the steps taken
is amended by inserting after the item relating ture resilience’’ and inserting ‘‘Additive manu- to implement the requirements of this section.
to section 1596b the following new item: facturing’’; (d) DEFINITIONS.—In this section:
‘‘1596c. Programming language proficiency: spe- (B) by redesignating paragraph (30) as para- (1) The terms ‘‘elementary school’’ and ‘‘sec-
cial pay for proficiency beneficial graph (31); and ondary school’’ have the meanings given those
for national security interests.’’. (C) by inserting after paragraph (29) the fol- terms in section 8101 of the Elementary and Sec-
SEC. 242. MODIFICATION OF SCIENCE, MATHE- lowing new paragraph: ondary Education Act of 1965 (20 U.S.C. 7801).
MATICS, AND RESEARCH FOR TRANS- ‘‘(30) 3D and virtual technology training plat- (2) The term ‘‘institution of higher education’’
FORMATION (SMART) DEFENSE EDU- forms.’’; has the meaning given such term in section 101
CATION PROGRAM. (3) by redesignating subsections (f) and (g) as of the Higher Education Act of 1965 (20 U.S.C.
Section 2192a of title 10, United States Code, is subsection (g) and (h), respectively; 1001).
amended— (4) by inserting after subsection (e) the fol- (e) CONFORMING REPEAL.—Section 862 of the
(1) in subsection (c)(1)(B)(i), by inserting ‘‘, lowing new subsection: National Defense Authorization Act for Fiscal
dlhill on DSK120RN23PROD with HOUSE
including by serving on active duty in the ‘‘(f) REQUIREMENT TO ESTABLISH CON- Year 2012 (Public Law 112–81; 10 U.S.C. note
Armed Forces’’ after ‘‘Department’’; SORTIA.— prec. 2191) is repealed.
(2) in subsection (d)— ‘‘(1) IN GENERAL.—In carrying out subsection SEC. 246. TRAINING PROGRAM FOR HUMAN RE-
(A) in paragraph (1), by striking ‘‘; and’’ and (a)(1)— SOURCES PERSONNEL IN BEST
inserting a semicolon; ‘‘(A) the Secretary of Defense shall seek to es- PRACTICES FOR TECHNICAL WORK-
(B) in paragraph (2), by striking the period at tablish at least one multi-institution consortium FORCE.
the end and inserting ‘‘; and’’; and through the Office of the Secretary of Defense; (a) PILOT TRAINING PROGRAM.—
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
H6178 CONGRESSIONAL RECORD — HOUSE December 3, 2020
(1) IN GENERAL.—Not later than one year after (4) such other organizations and elements of cant research and development efforts are de-
the date of the enactment of this Act, the Sec- the Department of Defense as the Secretary de- voted, including technologies such as artificial
retary of Defense, acting through the Under termines appropriate. intelligence, data science, machine learning,
Secretary of Defense for Personnel and Readi- (d) REPORT.—Not later than two years after fifth-generation telecommunications technology,
ness and the Under Secretary of Defense for Re- the commencement of the pilot program under and biotechnology.
search and Engineering, shall develop and im- subsection (a), the Secretary of Defense shall (g) DEADLINE.—The Secretary of Defense shall
plement a pilot program to provide covered submit to the congressional defense committees a carry out the activities described in subsections
human resources personnel with training in report on the results of the program. At a min- (a) through (e) not later than one year after the
public and private sector best practices for at- imum, the report shall— date of the enactment of this Act.
tracting and retaining technical talent. (1) describe how the use of electronic port- (h) SUNSET.—This section shall terminate on
(2) TRAINING AREAS.—The pilot program shall folios in the hiring process affected the timeli- October 1, 2024.
include training in the authorities and proce- ness of the hiring process for technical positions SEC. 249. PART-TIME AND TERM EMPLOYMENT OF
dures that may be used to recruit technical per- in organizations of the Department of Defense UNIVERSITY FACULTY AND STU-
sonnel for positions in the Department of De- participating in the program; DENTS IN THE DEFENSE SCIENCE
fense, including— (2) assess the level of satisfaction of organiza- AND TECHNOLOGY ENTERPRISE.
(A) appropriate direct hiring authorities; tion leaders, hiring authorities, and subject mat- (a) PROGRAM REQUIRED.—Not later than 180
(B) excepted service authorities; ter experts with the quality of applicants who days after the date of the enactment of this Act,
(C) personnel exchange authorities; were hired based on evaluations of electronic the Secretary of Defense shall establish a pro-
(D) authorities for hiring special government portfolios; gram under which opportunities for part-time
employees and highly qualified experts; (3) identify other job series that could benefit and term employment are made available in the
(E) special pay authorities; and from the use of electronic portfolios in the hiring Defense science and technology enterprise for
(F) private sector best practices to attract and process; faculty and students of institutions of higher
retain technical talent. (4) recommend whether the use of electronic education for the purpose of enabling such fac-
(3) METRICS.—The Secretary of Defense shall portfolios in the hiring process should be ex- ulty and students to carry out research projects
develop metrics to evaluate the effectiveness of panded or made permanent; and in accordance with subsection (b).
the pilot program in contributing to the ability (5) recommend any statutory, regulatory, or (b) RESEARCH PROJECTS.—
of the Department of Defense to attract and re- policy changes required to support the goals of (1) FACULTY.—A faculty member who is em-
tain technical talent. the pilot program under subsection (a). ployed in position made available under sub-
(4) PLAN REQUIRED.—The Secretary of Defense (e) TECHNICAL POSITION DEFINED.—In this section (a) shall, in the course of such employ-
shall develop a plan for the implementation of section, the term ‘‘technical position’’ means a ment, carry out a research project that—
the pilot program. position in the Department of Defense that— (A) relates to a topic in the field of science,
(b) REPORTS.— (1) requires expertise in artificial intelligence, technology, engineering, or mathematics; and
(1) REPORT ON PLAN.—Not later than one year (B) contributes to the objectives of the Depart-
data science, or software development; and
after the date of the enactment of this Act, the (2) is eligible for direct hire authority under ment of Defense, as determined by the Secretary
Secretary of Defense shall submit to the congres- section 9905 of title 5, United States Code, or of Defense.
sional defense committees a report that sets section 2358a of title 10, United States Code. (2) STUDENTS.—A student employed in posi-
forth the plan required under subsection (a)(4). (f) TERMINATION.—The authority to carry out tion made available under subsection (a) shall
(2) REPORT ON PILOT PROGRAM.—Not later the pilot program under subsection (a) shall ter- assist a faculty member with a research project
than three years after the date of the enactment
minate 5 years after the date of the enactment described in paragraph (1).
of this Act, the Secretary of Defense shall sub- (c) SELECTION OF PARTICIPANTS.—The Sec-
of this Act.
mit to the congressional defense committees a re- retary of Defense, acting through the heads of
SEC. 248. PILOT PROGRAM ON SELF-DIRECTED
port on the results of the pilot program. TRAINING IN ADVANCED TECH- participating organizations in the Defense
(c) DEFINITIONS.—In this section: NOLOGIES. science and technology enterprise, shall select
(1) The term ‘‘covered human resources per-
(a) ONLINE COURSES.—The Secretary of De- individuals for participation in the program
sonnel’’ means members of the Armed Forces
fense shall carry out a pilot program under under subsection (a) as follows:
and civilian employees of the Department of De-
which the Secretary makes available a list of (1) Faculty members shall be selected for par-
fense, including human resources professionals,
approved online courses relating to advanced ticipation on the basis of—
hiring managers, and recruiters, who are re-
technologies that may be taken by civilian em- (A) the academic credentials and research ex-
sponsible for hiring technical talent.
ployees of the Department of Defense and mem- perience of the faculty member; and
(2) The term ‘‘technical talent’’ means individ-
bers of the Armed Forces on a voluntary basis (B) the extent to which the research proposed
uals with expertise in high priority technical
while not engaged in the performance of their to be carried out by the faculty member will con-
disciplines.
(d) TERMINATION.—The requirement to carry duties. tribute to the objectives of the Department of
out the pilot program under this section shall (b) PROCEDURES.—The Secretary shall estab- Defense.
terminate five years after the date of the enact- lish procedures for the development, selection, (2) Students shall be selected to assist with a
ment of this Act. approval, adoption, and evaluation of online research project under the program on the basis
courses under subsection (a) to ensure that such of—
SEC. 247. PILOT PROGRAM ON THE USE OF ELEC-
TRONIC PORTFOLIOS TO EVALUATE courses are supportive of the goals of this sec- (A) the academic credentials and other quali-
CERTAIN APPLICANTS FOR TECH- tion and overall goals for the training and edu- fications of the student; and
NICAL POSITIONS. cation of the civilian and military workforce of (B) the student’s ability to fulfill the respon-
(a) PILOT PROGRAM.—Beginning not later the Department of Defense. sibilities assigned to the student as part of the
than one year after the date of the enactment of (c) DOCUMENTATION OF COMPLETION.—The project.
this Act, the Secretary of Defense shall carry Secretary of Defense shall develop and imple- (d) MINIMUM NUMBER OF POSITIONS.—
out a pilot program under which certain appli- ment a system— (1) IN GENERAL.—During the first year of the
cants for technical positions within the Depart- (1) to confirm whether a civilian employee of program under subsection (a), the Secretary of
ment of Defense will be evaluated, in part, based the Department of Defense or member of the Defense shall establish not fewer than 10 part-
on electronic portfolios of the applicant’s work, Armed Forces has completed an online course time or term positions for faculty.
as described in subsection (b). approved by the Secretary under subsection (a); (2) ARTIFICIAL INTELLIGENCE AND MACHINE
(b) ACTIVITIES.—Under the pilot program, the and LEARNING.—Of the positions established under
human resources manager of each organization (2) to document the completion of such course paragraph (1), not fewer than five such posi-
of the Department of Defense participating in by such employee or member. tions shall be reserved for faculty who will con-
the program, in consultation with relevant sub- (d) INCENTIVES.—The Secretary of Defense duct research in the area of artificial intel-
ject matter experts, shall— shall develop and implement incentives to en- ligence and machine learning.
(1) identify a subset of technical positions for courage civilian employees of the Department of (e) AUTHORITIES.—In carrying out the pro-
which the evaluation of electronic portfolios Defense and members of the Armed Forces to gram under subsection (a), the Secretary of De-
would be appropriate as part of the hiring proc- complete online courses approved by the Sec- fense, or the head of an organization in the De-
ess; and retary under subsection (a). fense science and technology enterprise, as ap-
(2) as appropriate, assess applicants for such (e) METRICS.—The Secretary of Defense shall plicable, may—
positions by reviewing electronic portfolios of develop metrics to evaluate whether, and to (1) use any hiring authority available to the
the applicants’ best work, as selected by the ap- what extent, the pilot program under this sec- Secretary or the head of such organization, in-
plicant concerned. tion improves the ability of participants— cluding—
(c) SCOPE OF PROGRAM.—The Secretary of De- (1) to perform job-related functions; and (A) any hiring authority available under a
dlhill on DSK120RN23PROD with HOUSE
fense shall carry out the pilot program under (2) to execute relevant missions of the Depart- laboratory demonstration program, including
subsection (a) in— ment of Defense. the hiring authority provided under section
(1) the Joint Artificial Intelligence Center; (f) ADVANCED TECHNOLOGIES DEFINED.—In 2358a of title 10, United States Code;
(2) the Defense Digital Service; this section, the term ‘‘advanced technologies’’ (B) direct hiring authority under section
(3) at least one activity of each military de- means technologies that the Secretary of De- 1599h of title 10, United States Code; and
partment, as identified by the Secretary of the fense determines to be in high-demand within (C) expert hiring authority under section 3109
department concerned; and the Department of Defense and to which signifi- of title 5, United States Code;
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6179
(2) enter into cooperative research and devel- organizations as the Secretary considers appro- search, development, test, and evaluation efforts
opment agreements under section 12 of the Ste- priate, to increase diversity of participants in of the Department in the critical technologies
venson-Wydler Technology Innovation Act of the program described in subsection (a); identified in the National Defense Strategy.
1980 (15 U.S.C. 3710a) to enable the sharing of (3) establish individual and organizational in- (6) The type and amount of resources required
research and expertise with institutions of high- centives, and such other activities as the Sec- to implement the program described in sub-
er education and the private sector; and retary considers appropriate, to increase diver- section (a).
(3) pay referral bonuses to faculty or students sity of student participation in the program de- (c) REPORTS.—
participating in the program who identify— scribed in subsection (a); (1) INITIAL REPORT.—Not later than February
(A) students to assist in a research project (4) increase awareness of opportunities to par- 1, 2021, the Secretary shall submit to the con-
under the program; or ticipate in the program described in subsection gressional defense committees a report on the
(B) students or recent graduates to participate (a); plan of the Secretary to execute the study re-
in other programs in the Defense science and (5) evaluate the potential for new programs, quired under subsection (a).
technology enterprise, including internships at fellowships, and other activities at historically (2) FINAL REPORT.—Not later than February 1,
Department of Defense laboratories and in the Black colleges or universities and minority insti- 2022, the Secretary shall submit to the congres-
Pathways Program of the Department. tutions of higher education to increase diversity sional defense committees a report on the results
(f) ANNUAL REPORTS.— in educational and workforce development pro- of the study conducted under subsection (a).
(1) INITIAL REPORT.—Not later than 30 days grams; (d) COVERED INDIVIDUAL DEFINED.—In this
after the conclusion of the first year of the pro- (6) identify potential changes to the program section, the term ‘‘covered individual’’ means an
gram under subsection (a), the Secretary of De- described in subsection (a) that would improve individual who—
fense shall submit to the congressional defense diversity of participants in such program; and (1) is engaged in work to promote and protect
committees a report on the status of the pro- (7) establish metrics to evaluate success of ac- the national security of the United States;
gram. The report shall include— tivities under this section. (2) is engaged in basic or applied research,
(A) identification of the number of faculty (c) REPORT.—Not later than September 30, funded by the Department of Defense; and
and students employed under the program; 2024, the Secretary of Defense shall submit to (3) possesses scientific or technical expertise
(B) identification of the organizations in the the congressional defense committees a report that will advance the development of critical
Defense science and technology enterprise that that evaluates the success of activities con- technologies identified in the National Defense
employed such individuals; and ducted by the Secretary in increasing diversity Strategy or the National Defense Science and
(C) a description of the types of research con- in appropriate programs of the Department of Technology Strategy, required by section 218 of
ducted by such individuals. Defense and hiring and retaining diverse indi- the John S. McCain National Defense Author-
(2) SUBSEQUENT REPORTS.—Not later than 30
viduals in the science, mathematics, and re- ization Act for Fiscal Year 2019 (Public Law
days after the conclusion of the second and
search workforce of the public sector. 115–232; 132 Stat. 1679).
third years of the program under subsection (a),
SEC. 251. COORDINATION OF SCHOLARSHIP AND Subtitle E—Sustainable Chemistry
the Secretary of Defense shall submit to the con- EMPLOYMENT PROGRAMS OF THE
gressional defense committees a report on the DEPARTMENT OF DEFENSE. SEC. 261. NATIONAL COORDINATING ENTITY FOR
progress of the program. Each report shall in- SUSTAINABLE CHEMISTRY.
(a) ESTABLISHMENT OR DESIGNATION OF ORGA-
clude— NIZATION.—The Secretary of Defense shall es-
(a) ESTABLISHMENT.—Not later than 180 days
(A) the information described in subpara- after the date of enactment of this title, the Di-
tablish or designate an organization within the
graphs (A) through (C) of paragraph (1); rector of the Office of Science and Technology
Department of Defense which shall have pri-
(B) the results of any research projects con- Policy shall convene an interagency entity (re-
mary responsibility for building cohesion and
ducted under the program; and ferred to in this subtitle as the ‘‘Entity’’) under
(C) the number of students and recent grad- collaboration across the various scholarship and
employment programs of the Department. the National Science and Technology Council
uates who, pursuant to a reference from a fac- with the responsibility to coordinate Federal
ulty member or student participating in the pro- (b) DUTIES.—The organization established or
designated under subsection (a) shall have the programs and activities in support of sustain-
gram as described in subsection (e)(3), were able chemistry, including those described in sec-
hired by the Department of Defense or selected following duties:
(1) To establish an interconnected network tions 263 and 264.
for participation in another program in the De- (b) COORDINATION WITH EXISTING GROUPS.—
and database across the scholarship and em-
fense science and technology enterprise. In convening the Entity, the Director of the Of-
(g) DEFINITIONS.—In this section: ployment programs of the Department.
(2) To aid in matching scholarships to individ- fice of Science and Technology Policy shall con-
(1) The term ‘‘Defense science and technology sider overlap and possible coordination with ex-
enterprise’’ means— uals pursuing courses of study in high demand
skill areas. isting committees, subcommittees, or other
(A) the research organizations of the military groups of the National Science and Technology
departments; (3) To build a network of current and former
program participants for potential engagement Council, such as—
(B) the science and technology reinvention (1) the Committee on Environment;
laboratories (as designated under section 1105 of or employment with Department activities.
(c) ANNUAL LISTING.—On an annual basis, the (2) the Committee on Technology;
the National Defense Authorization Act for Fis- (3) the Committee on Science; or
cal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 organization established or designated under
subsection (a) shall publish, on a publicly acces- (4) related groups or subcommittees.
note)); (c) CO-CHAIRS.—The Entity shall be co-
(C) the facilities of the Major Range and Test sible website of the Department, a listing of
scholarship and employment programs carried chaired by the Director of the Office of Science
Facility Base (as defined in section 2358a(f)(3) and Technology Policy and a representative
of title 10, United States Code); and out by the Department.
from the Environmental Protection Agency, the
(D) the Defense Advanced Research Projects SEC. 252. STUDY ON MECHANISMS FOR ATTRACT-
ING AND RETAINING HIGH QUALITY National Institute of Standards and Tech-
Agency.
(2) The term ‘‘faculty’’ means an individual TALENT IN THE DEPARTMENT OF nology, the National Science Foundation, or the
who serves as a professor, researcher, or instruc- DEFENSE. Department of Energy, as selected by the Direc-
tor at an institution of higher education. (a) STUDY REQUIRED.—The Secretary of De- tor of the Office of Science and Technology Pol-
(3) The term ‘‘institution of higher education’’ fense shall enter into an agreement with an icy.
has the meaning given that term in section 101 independent academic institution to conduct a (d) AGENCY PARTICIPATION.—The Entity shall
of the Higher Education Act of 1965 (20 U.S.C. study to develop policy options and rec- include representatives, including subject matter
1001). ommendations for the establishment of a pro- experts, from the Environmental Protection
gram to attract and retain covered individuals Agency, the National Institute of Standards and
SEC. 250. NATIONAL SECURITY WORKFORCE AND
EDUCATIONAL DIVERSITY ACTIVI- for employment in the Department of Defense. Technology, the National Science Foundation,
TIES. (b) ELEMENTS.—The study required under sub- the Department of Energy, the Department of
(a) IN GENERAL.—The Secretary of Defense section (a) shall include the following: Agriculture, the Department of Defense, the Na-
shall seek to diversify participation in the (1) An analysis of mechanisms the Department tional Institutes of Health, the Centers for Dis-
Science, Mathematics, and Research for Trans- may use to engage public and private sector or- ease Control and Prevention, the Food and
formation (SMART) Defense Education Program ganizations to assist in the identification and Drug Administration, and other related Federal
under section 2192a of title 10, United States recruitment of covered individuals for employ- agencies, as appropriate.
Code. ment in the Department of Defense. (e) TERMINATION.—The Entity shall terminate
(b) ACTIVITIES.—In carrying out subsection (2) Identification of statutory, regulatory, and on the date that is 10 years after the date of the
(a), the Secretary shall— organizational barriers to the development of enactment of this Act.
(1) subject to the availability of appropria- the program described in subsection (a). SEC. 262. STRATEGIC PLAN FOR SUSTAINABLE
tions for this purpose, set aside funds for finan- (3) An analysis of monetary and nonmonetary CHEMISTRY.
dlhill on DSK120RN23PROD with HOUSE
cial assistance, scholarships, and fellowships for incentives that may be provided to retain cov- (a) STRATEGIC PLAN.—Not later than 2 years
students at historically Black colleges or univer- ered individuals in positions in the Department. after the date of the enactment of this subtitle,
sities or at minority institutions of higher edu- (4) An analysis of methods that may be imple- the Entity shall—
cation and such other institutions as the Sec- mented to ensure appropriate vetting of covered (1) consult with relevant stakeholders, includ-
retary considers appropriate; individuals. ing representatives from industry, academia, na-
(2) partner with institutions of higher edu- (5) An analysis of the size of a program re- tional labs, the Federal Government, and inter-
cation, and such other public and private sector quired to advance the competitiveness of the re- national entities, to develop and update, as
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
H6180 CONGRESSIONAL RECORD — HOUSE December 3, 2020
needed, a consensus definition of ‘‘sustainable tions of the House of Representatives. In addi- ical engineering curriculum and research train-
chemistry’’ to guide the activities under this tion to the elements described in subsections (a) ing, as appropriate to that level of education
subtitle; and (b), the report shall include— and training; and
(2) develop a working framework of attributes (A) a summary of federally funded sustainable (C) support for integration of sustainable
characterizing, and metrics for assessing, sus- chemistry research, development, demonstration, chemistry principles into existing or new profes-
tainable chemistry, as described in subsection technology transfer, commercialization, edu- sional development opportunities for profes-
(b); cation, and training activities; sionals including teachers, faculty, and individ-
(3) assess the state of sustainable chemistry in (B) a summary of the financial resources allo- uals involved in laboratory research (product
the United States as a key benchmark from cated to sustainable chemistry initiatives by development, materials specification and testing,
which progress under the activities described in each participating agency; life cycle analysis, and management);
this title can be measured, including assessing (C) an assessment of the current state of sus- (4) as relevant to an agency’s programs, exam-
key sectors of the United States economy, key tainable chemistry in the United States, includ- ine methods by which the Federal agencies, in
technology platforms, commercial priorities, and ing the role that Federal agencies are playing in collaboration and consultation with the Na-
barriers to innovation; supporting it; tional Institute of Standards and Technology,
(4) coordinate and support Federal research, (D) an analysis of the progress made toward may facilitate the development or recognition of
development, demonstration, technology trans- achieving the goals and priorities of this sub- validated, standardized tools for performing sus-
fer, commercialization, education, and training title, and recommendations for future program tainability assessments of chemistry processes or
efforts in sustainable chemistry, including budg- activities; products;
et coordination and support for public-private (E) an evaluation of steps taken and future (5) through programs identified by an agency,
partnerships, as appropriate; strategies to avoid duplication of efforts, stream- support, including through technical assistance,
(5) identify any Federal regulatory barriers to, line interagency coordination, facilitate infor- participation, financial support, communica-
and opportunities for, Federal agencies facili- mation sharing, and spread best practices tions tools, awards, or other forms of support,
tating the development of incentives for develop- among participating agencies; and outreach and dissemination of sustainable
ment, consideration, and use of sustainable (F) an evaluation of duplicative Federal fund- chemistry advances such as non-Federal
chemistry processes and products; ing and duplicative Federal research in sustain- symposia, forums, conferences, and publications
(6) identify major scientific challenges, road- able chemistry, efforts undertaken by the Entity in collaboration with, as appropriate, industry,
blocks, and hurdles to transformational progress to eliminate duplicative funding and research, academia, scientific and professional societies,
in improving the sustainability of the chemical and recommendations on how to achieve these and other relevant groups;
sciences; and goals. (6) provide for public input and outreach to be
(7) review, identify, and make effort to elimi- (2) SUBMISSION TO GAO.—The Entity shall also integrated into the activities described in this
nate duplicative Federal funding and duplica- submit the report described in paragraph (1) to section by the convening of public discussions,
tive Federal research in sustainable chemistry. the Comptroller General of the United States for through mechanisms such as public meetings,
(b) CHARACTERIZING AND ASSESSING SUSTAIN- consideration in future Congressional inquiries. consensus conferences, and educational events,
(3) ADDITIONAL REPORTS.—The Entity shall
ABLE CHEMISTRY.—The Entity shall develop a as appropriate;
submit a report to Congress and the Comptroller
working framework of attributes characterizing, (7) within each agency, develop or adapt
General of the United States that incorporates
and metrics for assessing, sustainable chemistry metrics to track the outputs and outcomes of the
the information described in subparagraphs (A),
for the purposes of carrying out this subtitle. In programs supported by that agency; and
(B), (D), (E), and (F) of paragraph (1) every 3 (8) incentivize or recognize actions that ad-
developing this framework, the Entity shall—
(1) seek advice and input from stakeholders as years, commencing after the initial report is sub- vance sustainable chemistry products, processes,
described in subsection (c); mitted until the Entity terminates. or initiatives, including through the establish-
(2) consider existing definitions of, or frame- SEC. 263. AGENCY ACTIVITIES IN SUPPORT OF
ment of a nationally recognized awards program
SUSTAINABLE CHEMISTRY.
works characterizing and metrics for assessing, through the Environmental Protection Agency
(a) IN GENERAL.—The agencies participating
sustainable chemistry already in use at Federal to identify, publicize, and celebrate innovations
in the Entity shall carry out activities in sup-
agencies; in sustainable chemistry and chemical tech-
(3) consider existing definitions of, or frame- port of sustainable chemistry, as appropriate to
nologies.
works characterizing and metrics for assessing, the specific mission and programs of each agen- (c) LIMITATIONS .—Financial support provided
sustainable chemistry already in use by inter- cy. under this section shall—
(b) ACTIVITIES.—The activities described in
national organizations of which the United (1) be available only for pre-competitive ac-
subsection (a) shall—
States is a member, such as the Organisation for tivities; and
(1) incorporate sustainable chemistry into ex-
Economic Co-operation and Development; and (2) not be used to promote the sale of a spe-
isting research, development, demonstration,
(4) consider any other appropriate existing cific product, process, or technology, or to dis-
technology transfer, commercialization, edu-
definitions of, or frameworks characterizing and parage a specific product, process, or tech-
cation, and training programs, that the agency
metrics for assessing, sustainable chemistry. nology.
determines to be relevant, including consider-
(c) CONSULTATION.—In carrying out the duties SEC. 264. PARTNERSHIPS IN SUSTAINABLE CHEM-
ation of— ISTRY.
described in subsections (a) and (b), the Entity (A) merit-based competitive grants to indi-
shall consult with stakeholders qualified to pro- vidual investigators and teams of investigators, (a) IN GENERAL.—The agencies participating
vide advice and information to guide Federal including, to the extent practicable, early career in the Entity may facilitate and support,
activities related to sustainable chemistry investigators, for research and development; through financial, technical, or other assist-
through workshops, requests for information, or (B) grants to fund collaborative research and ance, the creation of partnerships between insti-
other mechanisms as necessary. The stake- development partnerships among universities, tutions of higher education, nongovernmental
holders shall include representatives from— industry, and nonprofit organizations; organizations, consortia, or companies across
(1) business and industry, including trade as- (C) coordination of sustainable chemistry re- the value chain in the chemical industry, in-
sociations and small- and medium-sized enter- search, development, demonstration, and tech- cluding small- and medium-sized enterprises,
prises from across the value chain; nology transfer conducted at Federal labora- to—
(2) the scientific community, including the tories and agencies; (1) create collaborative sustainable chemistry
National Academies of Sciences, Engineering, (D) incentive prize competitions and chal- research, development, demonstration, tech-
and Medicine, scientific professional societies, lenges in coordination with such existing Fed- nology transfer, and commercialization pro-
national labs, and academia; eral agency programs; and grams; and
(3) the defense community; (E) grants, loans, and loan guarantees to aid (2) train students and retrain professional sci-
(4) State, tribal, and local governments, in- in the technology transfer and commercializa- entists, engineers, and others involved in mate-
cluding nonregulatory State or regional sustain- tion of sustainable chemicals, materials, proc- rials specification on the use of sustainable
able chemistry programs, as appropriate; esses, and products; chemistry concepts and strategies by methods,
(5) nongovernmental organizations; and (2) collect and disseminate information on sus- including—
(6) other appropriate organizations. tainable chemistry research, development, tech- (A) developing or recognizing curricular mate-
(d) REPORT TO CONGRESS.— nology transfer, and commercialization, includ- rials and courses for undergraduate and grad-
(1) IN GENERAL.—Not later than 2 years after ing information on accomplishments and best uate levels and for the professional development
the date of the enactment of this Act, the Entity practices; of scientists, engineers, and others involved in
shall submit a report to the Committee on Envi- (3) expand the education and training of stu- materials specification; and
ronment and Public Works, the Committee on dents at appropriate levels of education, profes- (B) publicizing the availability of professional
Commerce, Science, and Transportation, the sional scientists and engineers, and other pro- development courses in sustainable chemistry
Committee on Agriculture, Nutrition, and For- fessionals involved in all aspects of sustainable and recruiting professionals to pursue such
dlhill on DSK120RN23PROD with HOUSE
estry, the Committee on Health, Education, chemistry and engineering appropriate to that courses.
Labor, and Pensions, and the Committee on Ap- level of education and training, including (b) PRIVATE SECTOR PARTICIPATION.—To be el-
propriations of the Senate, and the Committee through— igible for support under this section, a partner-
on Science, Space, and Technology, the Com- (A) partnerships with industry as described in ship in sustainable chemistry shall include at
mittee on Energy and Commerce, the Committee section 264; least one private sector organization.
on Agriculture, the Committee on Education (B) support for the integration of sustainable (c) SELECTION OF PARTNERSHIPS.—In selecting
and Labor, and the Committee on Appropria- chemistry principles into chemistry and chem- partnerships for support under this section, the
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6181
agencies participating in the Entity shall also ‘‘(i) A summary of changes to the assessment ‘‘(E) location of design, manufacturing, and
consider the extent to which the applicants are provided in the most recent quadrennial stra- packaging facilities.
willing and able to demonstrate evidence of sup- tegic plan. ‘‘(12) An assessment of existing risks to the
port for, and commitment to, the goals outlined ‘‘(ii) Comments and recommendations the Di- current microelectronics supply chain.
in the strategic plan and report described in sec- rector considers appropriate. ‘‘(13) A description of actions that may be car-
tion 262. ‘‘(iii) Test and evaluation challenges raised ried out by the defense industrial base to imple-
(d) PROHIBITED USE OF FUNDS.—Financial since the completion of the most recent quadren- ment best practices described in paragraph (11)
support provided under this section may not be nial strategic plan. and mitigate risks described in paragraph (12).
used— ‘‘(iv) Actions taken or planned to address ‘‘(14) A plan for increasing commercialization
(1) to support or expand a regulatory chemical such challenges.’’. of intellectual property developed by the De-
management program at an implementing agen- (e) TECHNICAL CORRECTION.—Subsection (d)(1) partment of Defense for commercial microelec-
cy under a State law; of such, as amended by subsections (a)(2) and tronics research and development.
(2) to construct or renovate a building or (b), is further amended by striking ‘‘Test Re- ‘‘(15) An assessment of the feasibility, useful-
structure; or sources Management Center’’ and inserting ness, efficacy, and cost of—
(3) to promote the sale of a specific product, ‘‘(A) developing a national laboratory exclu-
‘‘Test Resource Management Center’’.
process, or technology, or to disparage a specific sively focused on the research and development
SEC. 273. MODIFICATION OF REQUIREMENTS RE-
product, process, or technology. of microelectronics to serve as a center for Fed-
LATING TO ENERGETICS PLAN TO IN-
SEC. 265. PRIORITIZATION. CLUDE ASSESSMENT OF FEASIBILITY eral Government expertise in high-performing,
In carrying out this subtitle, the Entity shall AND ADVISABILITY OF ESTAB- trusted microelectronics and as a hub for Fed-
focus its support for sustainable chemistry ac- LISHING A PROGRAM OFFICE FOR eral Government research into breakthrough
tivities on those that achieve, to the highest ex- ENERGETICS. microelectronics-related technologies; and
Section 253(a) of the National Defense Au- ‘‘(B) incorporating into such national labora-
tent practicable, the goals outlined in the sub-
thorization Act for Fiscal Year 2020 (133 Stat. tory a commercial incubator to provide early-
title.
1287; Public Law 116–92) is amended— stage microelectronics startups, which face dif-
SEC. 266. RULE OF CONSTRUCTION.
(1) in paragraph (2), by striking ‘‘; and’’ and ficulties scaling due to the high costs of micro-
Nothing in this subtitle shall be construed to electronics design and fabrication, with access
alter or amend any State law or action with re- inserting a semicolon; and
(2) in paragraph (3), by striking the period to funding resources, fabrication facilities, de-
gard to sustainable chemistry, as defined by the sign tools, and shared intellectual property.
State. and inserting ‘‘; and’’; and
(3) by adding at the end the following new ‘‘(16) The development of multiple models of
SEC. 267. MAJOR MULTI-USER RESEARCH FACIL- public-private partnerships to execute the strat-
ITY PROJECT. paragraph:
‘‘(4) assesses the feasibility and advisability of egy, including in-depth analysis of establishing
Section 110 of the American Innovation and a semiconductor manufacturing corporation to
Competitiveness Act (42 U.S.C. 1862s–2) is establishing a program office—
‘‘(A) to coordinate energetics research; and leverage private sector technical, managerial,
amended by striking (g)(2) and inserting the fol- and investment expertise, and private capital,
lowing: ‘‘(B) to ensure a robust and sustained
energetics material enterprise.’’. that would have the authority and funds to pro-
‘‘(2) MAJOR MULTI-USER RESEARCH FACILITY vide grants or approve investment tax credits, or
PROJECT.—The term ‘major multi-user research SEC. 274. ELEMENT IN ANNUAL REPORTS ON
CYBER SCIENCE AND TECHNOLOGY both, to implement the strategy.
facility project’ means a science and engineering ‘‘(17) Processes and criteria for competitive se-
ACTIVITIES ON WORK WITH ACA-
facility project that exceeds $100,000,000 in total lection of commercial companies, including com-
DEMIC CONSORTIA ON HIGH PRI-
construction, acquisition, or upgrade costs to ORITY CYBERSECURITY RESEARCH panies headquartered in countries that are al-
the Foundation.’’. ACTIVITIES IN DEPARTMENT OF DE- lies or partners with the United States, to pro-
Subtitle F—Plans, Reports, and Other Matters FENSE CAPABILITIES. vide design, foundry and assembly, and pack-
SEC. 271. MODIFICATION TO ANNUAL REPORT OF Section 257(b)(2) of the National Defense Au- aging services and to build and operate the in-
THE DIRECTOR OF OPERATIONAL thorization Act for Fiscal Year 2020 (Public Law dustrial capabilities associated with such serv-
TEST AND EVALUATION. 116–92; 133 Stat. 1291) is amended by adding at ices.
Section 139(h)(2) of title 10, United States end the following new subparagraph: ‘‘(18) The role that other Federal agencies
Code, is amended— ‘‘(J) Efforts to work with academic consortia should play in organizing and supporting the
(1) by striking ‘‘Engineering,,’’ and inserting on high priority cybersecurity research activi- strategy, including any required direct or indi-
‘‘Engineering,’’; and ties.’’. rect funding support, or legislative and regu-
(2) by striking ‘‘, through January 31, 2025’’ SEC. 275. REPEAL OF QUARTERLY UPDATES ON latory actions, including restricting procurement
and inserting ‘‘, through January 31, 2026’’. THE OPTIONALLY MANNED FIGHT- to domestic sources, and providing antitrust and
SEC. 272. MODIFICATION TO TEST RESOURCE ING VEHICLE PROGRAM. export control relief.
MANAGEMENT CENTER STRATEGIC Section 261 of the National Defense Author- ‘‘(19) All potential funding sources and mech-
PLAN REPORTING CYCLE AND CON- ization Act for Fiscal Year 2020 (Public law 116– anisms for initial and sustaining investments in
TENTS. microelectronics.
92; 133 Stat. 1294) is repealed.
(a) QUADRENNIAL STRATEGIC PLAN.—Section ‘‘(20) Such other matters as the Secretary of
SEC. 276. MICROELECTRONICS AND NATIONAL
196 of title 10, United States Code, is amended— SECURITY. Defense determines to be relevant.’’;
(1) in subsections (c)(1)(C) and (e)(2)(B), by (3) in subsection (d), by striking ‘‘September
Section 231 of the National Defense Author-
inserting ‘‘quadrennial’’ before ‘‘strategic 30, 2019’’ and inserting ‘‘June 1, 2021’’;
ization Act for Fiscal Year 2017 (Public Law
plan’’; and (4) in subsection (e), by striking ‘‘September
(2) in subsection (d)— 114–328; 10 U.S.C. 2302 note) is amended—
30, 2020’’ and inserting ‘‘June 1, 2021’’; and
(A) in the heading, by inserting ‘‘QUADREN- (1) in subsection (a)—
(5) by redeignating subsection (f) as sub-
NIAL’’ before ‘‘STRATEGIC PLAN’’; and (A) by inserting ‘‘, in collaboration with the
section (g);
(B) by inserting ‘‘quadrennial’’ before ‘‘stra- Under Secretary of Defense for Acquisition and (6) by inserting after subsection (e) the fol-
tegic plan’’ each place it occurs. Sustainment, the Under Secretary for Research lowing new subsection (f):
(b) TIMING AND COVERAGE OF PLAN.—Sub- and Engineering, and the Director of the De- ‘‘(f) SUBMISSION.—Not later than June 1, 2021,
section (d)(1) of such section, as amended by fense Advanced Research Projects Agency,’’ the Secretary of Defense shall submit the strat-
subsection (a)(2), is further amended, in the first after ‘‘shall’’; and egy required in subsection (a), along with any
sentence, by striking ‘‘two fiscal years’’ and in- (B) by striking ‘‘September 30, 2019’’ and in- views and recommendations and an estimated
serting ‘‘four fiscal years, and within one year serting ‘‘June 1, 2021’’; budget to implement the strategy, to the Presi-
after release of the National Defense Strategy,’’. (2) in subsection (b), by adding at the end the dent, the National Security Council, and the
(c) AMENDMENT TO CONTENTS OF PLAN.—Sub- following new paragraphs: National Economic Council.’’.
section (d)(2)(C) of such section is amended by ‘‘(10) An approach to ensuring the continuing SEC. 277. INDEPENDENT EVALUATION OF PER-
striking ‘‘based on current’’ and all that follows production of cutting-edge microelectronics for SONAL PROTECTIVE AND DIAG-
through the end and inserting ‘‘for test and national security needs, including access to NOSTIC TESTING EQUIPMENT.
evaluation of the Department of Defense major state-of-the-art node sizes through commercial (a) INDEPENDENT EVALUATION REQUIRED.—
weapon systems based on current and emerging manufacturing, heterogeneous integration, ad- The Director of Operational Test and Evalua-
threats.’’. vantaged sensor manufacturing, boutique chip tion shall conduct an independent evaluation of
(d) ANNUAL UPDATE TO PLAN.—Subsection (d) designs, and variable volume production capa- whether covered personal protective and diag-
of such section is amended by adding at the end bilities. nostic testing equipment is operationally effec-
the following new paragraph: ‘‘(11) An assessment of current microelec- tive and suitable to satisfy the specific needs
‘‘(5)(A) In addition to the quadrennial stra- tronics supply chain management best practices, and required protection of the workforce of the
dlhill on DSK120RN23PROD with HOUSE
tegic plan completed under paragraph (1), the including— Department of Defense.
Director of the Department of Defense Test Re- ‘‘(A) intellectual property controls; (b) AVAILABILITY OF INFORMATION.—The Sec-
source Management Center shall also complete ‘‘(B) international standards; retary of Defense shall provide the Director of
an annual update to the quadrennial strategic ‘‘(C) guidelines of the National Institute of Operational Test and Evaluation with such in-
plan. Standards and Technology; formation as may be necessary for the Director
‘‘(B) Each annual update completed under ‘‘(D) product traceability and provenance; to conduct the evaluations required under sub-
subparagraph (A) shall include the following: and section (a).
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
H6182 CONGRESSIONAL RECORD — HOUSE December 3, 2020
(c) REPORT TO CONGRESS.—Not later than 90 Secretary of each military department, shall quisition and Sustainment, shall include with
days after the completion of each evaluation submit to Congress a report that describes the the annual report required by section 224(d) of
under subsection (a), the Director of Oper- following: the National Defense Authorization Act for Fis-
ational Test and Evaluation shall submit to the (1) The ways in which the Department of De- cal Year 2017 (Public Law 114–328; 130 Stat.
congressional defense committees a report on the fense is using incentives under section 9(y)(6)(B) 2059), a detailed description of—
results of the evaluation. of the Small Business Act (15 U.S.C. (1) the efforts of the Department of Defense to
(d) COVERED PERSONAL PROTECTIVE AND DI- 638(y)(6)(B)) to increase the number of Phase II address physiological episodes affecting crew-
AGNOSTIC TESTING EQUIPMENT DEFINED.—In this SBIR contracts that lead to technology transi- members of F–35 aircraft; and
section, the term ‘‘covered personal protective tion into programs of record or fielded systems. (2) the funding allocated for such efforts.
and diagnostic testing equipment’’ means any (2) The extent to which the Department has SEC. 281. REVIEW AND REPORT ON NEXT GENERA-
personal protective equipment or diagnostic test- developed simplified and standardized proce- TION AIR DOMINANCE CAPABILI-
ing equipment developed, acquired, or used by dures and model contracts throughout the agen- TIES.
the Department of Defense— cy for Phase I, Phase II, and Phase III SBIR (a) REVIEWS.—
(1) in response to COVID–19; or awards, as required under section 9(hh)(2)(A)(i) (1) IN GENERAL.—The Director of Cost Assess-
(2) as part of any follow-on, long-term acqui- of the Small Business Act (15 U.S.C. ment and Program Evaluation shall conduct—
sition and distribution program for such equip- 638(hh)(2)(A)(i)). (A) a non-advocate review of the next genera-
ment. (3) The extent to which any incentives de- tion air dominance initiative of the Air Force;
SEC. 278. ASSESSMENT ON UNITED STATES NA- scribed in this section and implemented by the (B) a non-advocate review of the next genera-
TIONAL SECURITY EMERGING BIO- Secretary of Defense have resulted in an in- tion air dominance initiative of the Navy; and
TECHNOLOGY EFFORTS AND CAPA- creased number of Phase II contracts under the (C) a non-advocate review of the business case
BILITIES AND COMPARISON WITH SBIR program of the Department of Defense analysis developed by the Assistant Secretary of
ADVERSARIES. leading to technology transition into programs the Air Force for Acquisition, Technology, and
(a) ASSESSMENT AND COMPARISON REQUIRED.— of record or fielded systems. Logistics regarding the Digital Century Series
(1) IN GENERAL.—The Secretary of Defense, (4) The extent to which Phase I, Phase II, and Aircraft acquisition strategy of the Air Force.
acting through the Under Secretary of Defense Phase III projects under the SBIR program of (2) ELEMENTS.—(A) The reviews under para-
for Research and Engineering and the Under the Department align with the modernization graphs (1)(A) and (1)(B) shall include an assess-
Secretary of Defense for Intelligence and Secu- priorities of the Department. ment of—
rity, shall conduct an assessment and direct (5) Actions taken to ensure that the SBIR pro- (i) all risks associated with cost, schedule, de-
comparison of capabilities in emerging biotech- gram of the Department aligns with the goals of velopment, integration, production, fielding,
nologies for national security purposes, includ- the program, namely— and sustainment of next generation air domi-
ing applications in material, manufacturing, (A) to stimulate technological innovation; nance capabilities;
and health, between the capabilities of the (B) to meet Federal research and development (ii) the technological maturity of significant
United States and the capabilities of adversaries needs; hardware and software efforts planned or car-
of the United States. (C) to foster and encourage participation in ried out as part of the development of such ca-
(2) ELEMENTS.—The assessment and compari- innovation and entrepreneurship by women and pabilities; and
son carried out under paragraph (1) shall in- socially or economically disadvantaged individ- (iii) affordability goals that the Air Force and
clude the following: uals; and the Navy (as the case may be) will be required
(A) An evaluation of the quantity, quality, (D) to increase private-sector commercializa- to achieve during development, production, and
and progress of United States fundamental and tion of innovations derived from Federal re- sustainment activities for such capabilities that
applied research for emerging biotechnology ini- search and development funding. will not jeopardize or otherwise be detrimental
tiatives for national security purposes. (6) Any other action taken, and proposed to to other high-priority future capabilities being
(B) An assessment of the resourcing of United be taken, to increase the number of Department developed and procured to support and execute
States efforts to harness emerging biotechnology Phase II SBIR contracts leading to technology other primary core competencies and missions.
capabilities for national security purposes, in- transition into programs of record or fielded sys- (B) The review under paragraph (1)(C) shall
cluding the supporting facilities, test infrastruc- tems. include an assessment of—
ture, and workforce. (b) SBIR DEFINED.—In this section, the term (i) methods, objectives, risks, ground rules,
(C) An intelligence assessment of adversary ‘‘SBIR’’ has the meaning given the term in sec- and assumptions;
emerging biotechnology capabilities and re- tion 9(e) of the Small Business Act (15 U.S.C. (ii) validity, accuracy, and deficiencies in
search as well as an assessment of adversary in- 638(e)). knowledge and data used in support of the
tent and willingness to use emerging biotech- SEC. 280. REPORTS ON F–35 PHYSIOLOGICAL EPI- analysis;
nologies for national security purposes. SODES AND MITIGATION EFFORTS. (iii) financial and nonfinancial business bene-
(D) An assessment of the analytic and oper- (a) STUDY AND REPORT.— fits and impacts;
ational subject matter expertise necessary to as- (1) IN GENERAL.—The Under Secretary of De- (iv) likelihood of risks to materialize; and
sess rapidly-evolving foreign military develop- fense for Acquisition and Sustainment shall (v) conclusions, recommendations, and any
ments in biotechnology, and the current state of conduct a study to determine the underlying other information the Director believes to be rel-
the workforce in the intelligence community. causes of physiological episodes affecting crew- evant to the review.
(E) Recommendations to improve and accel- members of F–35 aircraft. (b) REPORTS.—The Director of Cost Assess-
erate United States capabilities in emerging bio- (2) ELEMENTS.—The study under subsection ment and Program Evaluation shall submit to
technologies and the associated intelligence (a) shall include— the congressional defense committees—
community expertise. (A) an examination of each physiological epi- (1) a report on the results of the review con-
(F) Such other matters as the Secretary con- sode reported by a crewmember of an F–35 air- ducted under subsection (a)(1)(A) with respect
siders appropriate. craft as of the date of the enactment of this Act; to the Air Force;
(b) REPORT.— (B) a determination as to the underlying (2) a report on the results of the review con-
(1) IN GENERAL.—Not later than February 1, cause of the episode; and ducted under subsection (a)(1)(B) with respect
2021, the Secretary shall submit to the congres- (C) an examination of— to the Navy; and
sional defense committees a report on the assess- (i) any long-term effects, including potential (3) a report on the results of the review con-
ment carried out under subsection (a). long-term effects, of the episode; and ducted under subsection (a)(1)(C).
(2) FORM.—The report submitted under para- (ii) any additional care an affected crew-
SEC. 282. PLAN FOR OPERATIONAL TEST AND
graph (1) shall be submitted in the following for- member may need. UTILITY EVALUATION OF SYSTEMS
mats— (3) REPORT.—Not later than 180 days after the FOR LOW-COST ATTRIBUTABLE AIR-
(A) unclassified form, which may include a date of the enactment of this Act, the Under CRAFT TECHNOLOGY PROGRAM.
classified annex; and Secretary of Defense for Acquisition and Not later than March 1, 2021, the Assistant
(B) publically releasable form, representing Sustainment shall submit to the congressional Secretary of the Air Force for Acquisition, Tech-
appropriate information from the report under defense committees a report that includes— nology, and Logistics shall—
subparagraph (A). (A) the results the study conducted under sub- (1) submit to the congressional defense com-
(c) DEFINITION OF INTELLIGENCE COMMU- section (a), including a description of each mittees an executable plan for the operational
NITY.—In this section, the term ‘‘intelligence physiological episode examined under the study test and utility evaluation of systems for the
community’’ has the meaning given such term in and an explanation of the underlying cause of Low-Cost Attributable Aircraft Technology
section 3 of the National Security Act of 1947 (50 the episode; (LCAAT) program of the Air Force; and
U.S.C. 3003). (B) a description of any actions that may be (2) provide to the congressional defense com-
SEC. 279. ANNUAL REPORTS REGARDING THE taken to address the underlying causes of such mittees a briefing on the plan so submitted.
dlhill on DSK120RN23PROD with HOUSE
SBIR PROGRAM OF THE DEPART- episodes, including any resources that may be
SEC. 283. INDEPENDENT COMPARATIVE ANALYSIS
MENT OF DEFENSE. required to carry out such actions; and OF EFFORTS BY CHINA AND THE
(a) REPORTS REQUIRED.—Not later than 90 (C) any other findings and recommendations UNITED STATES TO RECRUIT AND
days after the date of the enactment of this Act, of the study. RETAIN RESEARCHERS IN NATIONAL
and not later than 120 days after the end of (b) ANNUAL REPORTS ON MITIGATION EF- SECURITY-RELATED AND DEFENSE-
each fiscal years 2021, 2022, and 2023, the Sec- FORTS.—The Secretary of Defense, in consulta- RELATED FIELDS.
retary of Defense, after consultation with the tion with the Under Secretary of Defense for Ac- (a) AGREEMENT.—
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6183
(1) IN GENERAL.—The Secretary of Defense emies of Sciences, Engineering, and Medicine Sec. 334. Research and development of alter-
shall seek to enter into an agreement with the with respect to the review carried out under this native to aqueous film-forming
National Academies of Sciences, Engineering, section and the recommendations developed foam.
and Medicine for the National Academies of under this section; and Sec. 335. Notification to agricultural operations
Sciences, Engineering, and Medicine to perform (B) make available to the public on a publicly located in areas exposed to De-
the services covered by this section. accessible website a version of report that is partment of Defense PFAS use.
(2) TIMING.—The Secretary shall seek to enter suitable for public viewing. Sec. 336. Reporting on energy savings perform-
into the agreement described in paragraph (1) (2) FORM.—The report submitted under para- ance contracts.
not later than 60 days after the date of the en- graph (1)(A) shall be submitted in unclassified Sec. 337. Increase in funding for Centers for
actment of this Act. form, but may include a classified annex. Disease Control Study on health
(b) REVIEW.— TITLE III—OPERATION AND implications of per- and
(1) IN GENERAL.—Under an agreement between MAINTENANCE polyfluoroalkyl substances con-
the Secretary and the National Academies of tamination in drinking water.
Sciences, Engineering, and Medicine under this Subtitle A—Authorization of Appropriations
Sec. 338. Guaranteeing Equipment Safety for
section, the National Academies of Sciences, En- Sec. 301. Authorization of appropriations. Firefighters Act of 2020.
gineering, and Medicine shall carry out a com- Subtitle B—Energy and Environment Sec. 339. Assessment of Department of Defense
parative analysis of efforts by China and the Sec. 311. Military Aviation and Installation As- excess property programs with re-
United States Government to recruit and retain surance Clearinghouse for review spect to need and wildfire risk.
domestic and foreign researchers and develop of mission obstructions.
recommendations for the Secretary of Defense Subtitle C—Logistics and Sustainment
Sec. 312. Readiness and Environmental Protec-
and the heads of other Federal agencies as ap- Sec. 341. National Defense Sustainment and Lo-
tion Integration Program.
propriate. gistics Review.
Sec. 313. Extension of real-time sound moni-
(2) ELEMENTS.—The comparative analysis car- Sec. 342. Repeal of sunset for minimum annual
toring at Navy installations where
ried out under paragraph (1) and the rec- purchase amount for carriers par-
tactical fighter aircraft operate.
ommendations developed under such paragraph ticipating in the Civil Reserve Air
Sec. 314. Modification of authority for environ-
shall include the following: Fleet.
mental restoration projects of Na-
(A) A list of the ‘‘talent programs’’ used by Sec. 343. Additional elements for inclusion in
tional Guard.
China and a list of the incentive programs used Navy ship depot maintenance
Sec. 315. Modification of authority to carry out
by the United States to recruit and retain re- budget report.
military installation resilience
searchers in fields relating to national security Sec. 344. Clarification of limitation on length of
projects.
or defense research. overseas forward deployment of
Sec. 316. Energy resilience and energy security
(B) The types of researchers, scientists, other currently deployed naval vessels.
measures on military installa-
technical experts, and fields targeted by each Sec. 345. Independent advisory panel on weap-
tions.
talent program listed under subparagraph (A). on system sustainment.
(C) The number of researchers in academia, Sec. 317. Modification to availability of energy
cost savings for Department of Sec. 346. Biannual briefings on status of Ship-
the Department of Defense Science and Tech- yard Infrastructure Optimization
nology Reinvention Laboratories, and national Defense.
Sec. 318. Increased transparency through re- Plan.
security science and engineering programs of Sec. 347. Materiel readiness metrics and objec-
the National Nuclear Security Administration porting on usage and spills of
aqueous film-forming foam at tives for major weapon systems.
targeted by the talent programs listed under Sec. 348. Repeal of statutory requirement for
subparagraph (A). military installations.
Sec. 319. Native American lands environmental notification to Director of Defense
(D) The number of personnel currently par- Logistics Agency three years prior
ticipating in the talent programs listed under mitigation program.
Sec. 320. Study on alternatives to address im- to implementing changes to any
subparagraph (A) and the number of research- uniform or uniform component.
ers currently participating in the incentive pro- pacts of transboundary flows,
spills, or discharges of pollution Subtitle D—Munitions Safety and Oversight
grams listed under such subparagraph.
(E) The incentives offered by each of the tal- or debris from the Tijuana River Sec. 351. Chair of Department of Defense explo-
ent programs listed under subparagraph (A) and on personnel, activities, and in- sive safety board.
a description of the incentives offered through stallations of Department of De- Sec. 352. Explosive Ordnance Disposal Defense
incentive programs under such subparagraph to fense. Program.
recruit and retain researchers, scientists, and Sec. 321. Pilot program on alternative fuel vehi- Sec. 353. Assessment of resilience of Department
other technical experts. cle purchasing. of Defense munitions enterprise.
(F) A characterization of the national secu- Sec. 322. Budgeting of Department of Defense Sec. 354. Report on safety waivers and mishaps
rity, economic, and scientific benefits China relating to operational energy im- in Department of Defense muni-
gains through the talent programs listed under provement. tions enterprise.
subparagraph (A) and a description of similar Sec. 323. Assessment of Department of Defense
Subtitle E—Other Matters
gains accrued to the United States through in- operational energy usage.
Sec. 324. Improvement of the Operational En- Sec. 361. Pilot program for temporary issuance
centive programs listed under such subpara-
ergy Capability Improvement of maternity-related uniform
graph.
(G) An assessment of the risks to national se- Fund of the Department of De- items.
curity and benefits to the United States of sci- fense. Sec. 362. Servicewomen’s Commemorative Part-
entific research cooperation between the United Sec. 325. Five-year reviews of containment tech- nerships.
States and China, such as that which is per- nologies relating to Red Hill Bulk Sec. 363. Biodefense analysis and budget sub-
formed under the agreement between the United Fuel Storage Facility. mission.
States and the People’s Republic of China Sec. 326. Limitation on use of funds for acquisi- Sec. 364. Update of National Biodefense Imple-
known as the ‘‘Agreement between the Govern- tion of furnished energy for Rhine mentation Plan.
ment of the United States of America and the Ordnance Barracks Army Medical Sec. 365. Plans and reports on emergency re-
Government of the People’s Republic of China Center. sponse training for military in-
on Cooperation in Science and Technology’’, Sec. 327. Requirement to update Department of stallations.
signed in Washington on January 31, 1979, suc- Defense adaptation roadmap. Sec. 366. Inapplicability of congressional notifi-
cessor agreements, and similar agreements, ad- Sec. 328. Department of Defense report on cation and dollar limitation re-
ministered by the Secretary of State and the greenhouse gas emissions levels. quirements for advance billings
heads of other Federal agencies. Sec. 329. Objectives, performance standards, for certain background investiga-
(H) A list of findings and recommendations re- and criteria for use of wildlife tions.
lating to policies that can be implemented by the conservation banking programs. Sec. 367. Adjustment in availability of appro-
United States, especially the Department of De- Sec. 330. Prizes for development of non-PFAS- priations for unusual cost over-
fense and other appropriate Federal agencies, to containing fire-fighting agent. runs and for changes in scope of
improve the relative effectiveness of United Sec. 331. Survey of technologies for Department work.
States activities to recruit and retain research- of Defense application in phasing Sec. 368. Requirement that Secretary of Defense
ers, scientists, and other technical experts rel- out the use of fluorinated aqueous implement security and emergency
ative to China. film-forming foam. response recommendations relat-
dlhill on DSK120RN23PROD with HOUSE
(c) REPORT.— Sec. 332. Interagency body on research related ing to active shooter or terrorist
(1) IN GENERAL.—Not later than one year after to per- and polyfluoroalkyl sub- attacks on installations of De-
the date of the execution of an agreement under stances. partment of Defense.
subsection (a), the National Academies of Sec. 333. Restriction on Department of Defense Sec. 369. Clarification of food ingredient re-
Sciences, Engineering, and Medicine shall— procurement of certain items con- quirements for food or beverages
(A) submit to the congressional defense com- taining perfluorooctane sulfonate provided by the Department of
mittees a report on the findings National Acad- or perfluorooctanoic acid. Defense.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 6343 E:\CR\FM\A03DE7.049 H03DEPT2
H6184 CONGRESSIONAL RECORD — HOUSE December 3, 2020
Sec. 370. Commission on the naming of items of (2) by striking subparagraph (B) and inserting ‘‘(3) outside of a military installation or facil-
the Department of Defense that the following: ity described in paragraph (2) if the Secretary
commemorate the Confederate ‘‘(B) Notwithstanding subparagraph (A), if all concerned determines that the project would
States of America or any person or a portion of the property or interest acquired preserve or enhance the resilience of—
who served voluntarily with the under the agreement is initially or subsequently ‘‘(A) a military installation;
Confederate States of America. transferred to a State or another Federal agen- ‘‘(B) a facility described in paragraph (2); or
cy, before that State or other Federal agency ‘‘(C) community infrastructure determined by
Subtitle A—Authorization of Appropriations
may declare the property or interest in excess to the Secretary concerned to be necessary to
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. maintain, improve, or rapidly reestablish instal-
Funds are hereby authorized to be appro- its needs or propose to exchange the property or
interest, the State or other Federal agency shall lation mission assurance and mission-essential
priated for fiscal year 2021 for the use of the functions.
Armed Forces and other activities and agencies give the Secretary concerned reasonable ad-
‘‘(e) ALTERNATIVE FUNDING SOURCE.—(1) In
of the Department of Defense for expenses, not vance notice of its intent. If the Secretary con-
carrying out a project under this section, the
otherwise provided for, for operation and main- cerned determines it necessary to preserve the
Secretary concerned may use amounts available
tenance, as specified in the funding table in sec- purposes of this section, the Secretary concerned
for operation and maintenance for the military
tion 4301. may request that administrative jurisdiction
department concerned if the Secretary con-
Subtitle B—Energy and Environment over the property be transferred to the Secretary
cerned submits a notification to the congres-
concerned at no cost, and, upon such a request
SEC. 311. MILITARY AVIATION AND INSTALLA- sional defense committees of the decision to
being made, the administrative jurisdiction over
TION ASSURANCE CLEARINGHOUSE carry out the project using such amounts and
FOR REVIEW OF MISSION OBSTRUC- the property shall be transferred accordingly. If
includes in the notification—
TIONS. the Secretary concerned does not make such a ‘‘(A) the current estimate of the cost of the
Section 183a(c) of title 10, United States Code, request within a reasonable time period, all such project;
is amended— rights of the Secretary concerned to request ‘‘(B) the source of funds for the project; and
(1) in paragraph (2)— transfer of the property or interest shall remain ‘‘(C) a certification that deferral of the project
(A) by striking ‘‘If the Clearinghouse’’ and in- available to the Secretary concerned with re- for inclusion in the next Military Construction
serting ‘‘(A) If the Clearinghouse’’; and spect to future transfers or exchanges of the Authorization Act would be inconsistent with
(B) by adding at the end the following new property or interest and shall bind all subse- national security or the protection of health,
subparagraph: quent transferees.’’. safety, or environmental quality, as the case
‘‘(B) After the Clearinghouse issues a notice SEC. 313. EXTENSION OF REAL-TIME SOUND MON- may be.
under subparagraph (A) with respect to an en- ITORING AT NAVY INSTALLATIONS ‘‘(2) A project carried out under this section
ergy project, the parties should seek to identify WHERE TACTICAL FIGHTER AIR- using amounts under paragraph (1) may be car-
feasible and affordable actions that can be CRAFT OPERATE. ried out only after the end of the 7-day period
taken by the Department, the developer of such Section 325(a)(1) of the National Defense Au- beginning on the date on which a copy of the
energy project, or others to mitigate any adverse thorization Act for Fiscal Year 2020 (Public Law notification described in paragraph (1) is pro-
impact on military operations and readiness.’’; 116–92) is amended by striking ‘‘a 12-month pe- vided in an electronic medium pursuant to sec-
(2) by redesignating paragraphs (4) through riod’’ and inserting ‘‘two 12-month periods, in- tion 480 of this title.
(6) as paragraphs (5) through (7), respectively; cluding one such period that begins in fiscal ‘‘(3) The maximum aggregate amount that the
(3) by inserting after paragraph (3) the fol- year 2021’’. Secretary concerned may obligate from amounts
lowing new paragraph (4): SEC. 314. MODIFICATION OF AUTHORITY FOR EN- available to the military department concerned
‘‘(4) If, after issuing the notices of presumed VIRONMENTAL RESTORATION for operation and maintenance in any fiscal
risk required by paragraphs (2) and (3), the Sec- PROJECTS OF NATIONAL GUARD. year for projects under the authority of this
retary of Defense later concludes for any reason (a) IN GENERAL.—Section 2707(e) of title 10, subsection is $100,000,000.’’.
that the energy project will not have an adverse United States Code, is amended— (b) CONSIDERATION OF MILITARY INSTALLA-
impact on military readiness, the Clearinghouse (1) by striking ‘‘Notwithstanding’’ and insert- TION RESILIENCE IN AGREEMENTS AND INTER-
shall notify the applicant and the governor in ing ‘‘(1) Notwithstanding’’; AGENCY COOPERATION.—Section 2684a of such
writing of that conclusion.’’; and (2) by inserting ‘‘where military activities are title is amended—
(4) in paragraph (7), as so redesignated, by conducted by the National Guard of a State (1) in subsection (a)—
striking ‘‘Any setback for a project pursuant to under title 32’’ after ‘‘facility’’; and (A) in paragraph (2)(B)—
the previous sentence shall not be more than (3) by adding at the end the following new (i) by striking clause (ii); and
what is determined to be necessary by a tech- paragraph: (ii) in clause (i)—
nical analysis conducted by the Lincoln Labora- (I) by striking ‘‘(i)’’; and
‘‘(2) The Secretary concerned may use the au- (II) by striking ‘‘; or’’ and inserting a semi-
tory at the Massachusetts Institute of Tech- thority under section 2701(d) of this title to
nology or any successor entity.’’. colon;
carry out environmental restoration projects (B) by redesignating paragraph (3) as para-
SEC. 312. READINESS AND ENVIRONMENTAL PRO- under paragraph (1).’’.
TECTION INTEGRATION PROGRAM. graph (4); and
(b) CORRECTION OF DEFINITION OF FACILITY.— (C) by inserting after paragraph (2) the fol-
(a) USE OF FUNDS.—Section 2684a(i) of title 10, Paragraph (1) of section 2700 of such title is
United States Code, is amended by adding at the lowing new paragraph (3):
amended— ‘‘(3) maintaining or improving military instal-
end the following new paragraph: (1) in subparagraph (A), by striking ‘‘(A) The
‘‘(3) Funds obligated to carry out an agree- lation resilience; or’’; and
terms’’ and inserting ‘‘The term’’; and (2) by amending subsection (h) to read as fol-
ment under this section shall be available for (2) by striking subparagraph (B). lows:
use with regard to any property in the geo- ‘‘(h) INTERAGENCY COOPERATION IN CON-
SEC. 315.
MODIFICATION OF AUTHORITY TO
graphic scope specified in the agreement— CARRY OUT MILITARY INSTALLA- SERVATION AND RESILIENCE PROGRAMS TO AVOID
‘‘(A) at the time the funds are obligated; and TION RESILIENCE PROJECTS. OR REDUCE ADVERSE IMPACTS ON MILITARY IN-
‘‘(B) in any subsequent modification to the
(a) MODIFICATION OF AUTHORITY.—Section STALLATION RESILIENCE AND MILITARY READI-
agreement.’’.
2815 of title 10, United States Code is amended— NESS ACTIVITIES.—In order to facilitate inter-
(b) CLARIFICATION OF REFERENCES TO ELIGI-
BLE ENTITIES.— (1) in subsection (a), by inserting ‘‘(except as agency cooperation and enhance the effective-
(1) DEFINITION.—Subsection (b) of section provided in subsections (d)(3) and (e))’’ before ness of actions that will protect the environ-
2684a of title 10, United States Code, is amended, the period at the end; ment, military installation resilience, and mili-
in the matter preceding paragraph (1), by strik- (2) in subsection (c), by striking ‘‘A project’’ tary readiness, the recipient of funds provided
ing ‘‘An agreement under this section may be and inserting ‘‘Except as provided in subsection pursuant to an agreement under this section or
entered into with’’ and inserting ‘‘For purposes (e)(2), a project’’; under the Sikes Act (16 U.S.C. 670 et seq.) may,
of this section, an eligible entity is’’. (3) by redesignating subsection (d) as sub- with regard to the lands and waters within the
(2) ACQUISITION OF PROPERTY AND INTER- section (f); and scope of the agreement, use such funds to sat-
ESTS.—Subsection (d)(1) of such section is (4) by inserting after subsection (c) the fol- isfy any matching funds or cost-sharing require-
amended by striking ‘‘the entity or entities’’ lowing new subsections: ment of any conservation or resilience program
each place it appears and inserting ‘‘an eligible ‘‘(d) LOCATION OF PROJECTS.—Projects carried of any Federal agency notwithstanding any lim-
entity or entities’’. out pursuant to this section may be carried itation of such program on the source of match-
(3) RETROACTIVE APPLICATION.—The amend- out— ing or cost-sharing funds.’’.
ments made by paragraphs (1) and (2) shall ‘‘(1) on a military installation; SEC. 316. ENERGY RESILIENCE AND ENERGY SE-
‘‘(2) on a facility used by the Department of CURITY MEASURES ON MILITARY IN-
apply to any agreement entered into under sec-
Defense that is owned and operated by a State, STALLATIONS.
tion 2684a of title 10, United States Code, on or
the District of Columbia, the Commonwealth of (a) IN GENERAL.—Subchapter I of chapter 173
after December 2, 2002.
of title 10, United States Code, is amended by in-
dlhill on DSK120RN23PROD with HOUSE
(c) FACILITATING AGREEMENTS WITH OTHER Puerto Rico, American Samoa, Guam, the Com-
FEDERAL AGENCIES TO LIMIT ENCROACHMENTS.— monwealth of the Northern Mariana Islands, or serting after section 2919 the following new sec-
Section 2684a(d)(5) of title 10, United States the Virgin Islands, even if the facility is not tion:
Code, is amended— under the jurisdiction of the Department of De- ‘‘§ 2920. Energy resilience and energy security
(1) in the second sentence of subparagraph fense, if the Secretary of Defense determines measures on military installations
(A), by inserting ‘‘or another Federal agency’’ that the facility is subject to significant use by ‘‘(a) ENERGY RESILIENCE MEASURES.—(1) The
after ‘‘to a State’’ both places it appears; and the armed forces for testing or training; or Secretary of Defense shall, by the end of fiscal
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6185
year 2030, provide that 100 percent of the energy stallations each year for each military depart- ‘‘(5) The term ‘installation’ has the meaning
load required to maintain the critical missions of ment through fiscal year 2027. given the term ‘military installation’ in section
each installation have a minimum level of avail- ‘‘(D)(i) Except as provided in clause (ii), the 2801(c)(4) of this title.’’.
ability of 99.9 percent per fiscal year. Secretary of each military department shall, (b) CLERICAL AMENDMENT.—The table of sec-
‘‘(2) The Secretary of Defense shall issue notwithstanding any other provision of law, tions at the beginning of subchapter I of chapter
standards establishing levels of availability rel- conduct black start exercises in accordance with 173 of such title is amended by inserting after
ative to specific critical missions, with such the schedule provided for in subparagraph the item relating to section 2919 the following
standards providing a range of not less than (C)(ii), with any such exercise not to last longer new item:
99.9 percent availability per fiscal year and not than five days. ‘‘2920. Energy resilience and energy security
more than 99.9999 percent availability per fiscal ‘‘(ii) The Secretary of a military department measures on military installa-
year, depending on the criticality of the mission. may conduct more black start exercises than tions.’’.
‘‘(3) The Secretary may establish interim goals those identified in the schedule provided for in SEC. 317. MODIFICATION TO AVAILABILITY OF EN-
to take effect prior to fiscal year 2025 to ensure subparagraph (C)(ii). ERGY COST SAVINGS FOR DEPART-
the requirements under this subsection are met. ‘‘(e) CONTRACT REQUIREMENTS.—For contracts MENT OF DEFENSE.
‘‘(4) The Secretary of each military depart- for energy and utility services, the Secretary of Section 2912(a) of title 10, United States Code,
ment and the head of each Defense Agency shall Defense shall— is amended by inserting ‘‘and, in the case of
ensure that their organizations meet the require- ‘‘(1) specify methods and processes to meas- operational energy, from both training and
ments of this subsection. ure, manage, and verify compliance with sub- operational missions,’’ after ‘‘under section 2913
‘‘(b) PLANNING.—(1) The Secretary of Defense section (a); and of this title,’’.
shall require the Secretary of each military de- ‘‘(2) ensure that such contracts include re-
SEC. 318. INCREASED TRANSPARENCY THROUGH
partment and the head of each Defense Agency quirements appropriate to ensure energy resil- REPORTING ON USAGE AND SPILLS
to plan for the provision of energy resilience ience and energy security, including require- OF AQUEOUS FILM-FORMING FOAM
and energy security for installations. ments for metering to measure, manage, and AT MILITARY INSTALLATIONS.
‘‘(2) Planning under paragraph (1) shall— verify energy consumption, availability, and re- (a) IN GENERAL.—Chapter 160 of title 10,
‘‘(A) promote the use of multiple and diverse liability consistent with this section and the en- United States Code, is amended by adding at the
sources of energy, with an emphasis favoring ergy resilience metrics and standards under sec- end the following new section:
energy resources originating on the installation tion 2911(b) of this title.
‘‘(f) EXCEPTION.—This section does not apply ‘‘§ 2712. Reporting on usage and spills of
such as modular generation; aqueous film-forming foam
‘‘(B) promote installing microgrids to ensure to fuels used in aircraft, vessels, or motor vehi-
the energy security and energy resilience of crit- cles. ‘‘(a) IN GENERAL.—Not later than 48 hours
ical missions; and ‘‘(g) REPORT.—If by the end of fiscal year after the Deputy Assistant Secretary of Defense
‘‘(C) favor the use of full-time, installed en- 2029, the Secretary determines that the Depart- for Environment receives notice of the usage or
ergy sources rather than emergency generation. ment will be unable to meet the requirements spill of aqueous film forming foam, either as
‘‘(c) DEVELOPMENT OF INFORMATION.—The under subsection (a), not later than 90 days concentrate or mixed foam, at any military in-
planning required by subsection (b) shall iden- after the end of such fiscal year, the Secretary stallation, the Deputy Assistant Secretary shall
tify each of the following for each installation: shall submit to the Committees on Armed Serv- submit to the Committees on Armed Services of
‘‘(1) The critical missions of the installation. ices of the Senate and House of Representatives the Senate and the House of Representatives no-
‘‘(2) The energy requirements of those critical a report detailing— tice of a usage or spill of greater than 10 gallons
missions. ‘‘(1) the projected shortfall; of concentrate, or greater than 300 gallons of
‘‘(3) The duration that those energy require- ‘‘(2) reasons for the projected shortfall; mixed foam. Each such notice shall include each
ments are likely to be needed in the event of a ‘‘(3) any statutory, technological, or monetary of the following information:
disruption or emergency. impediments to achieving such requirements; ‘‘(1) The name of the installation where the
‘‘(4) The current source of energy provided to ‘‘(4) any impact to readiness or ability to meet usage or spill occurred.
those critical missions. the national defense posture; and ‘‘(2) The date on which the usage or spill oc-
‘‘(5) The duration that the currently provided ‘‘(5) any other relevant information as the curred.
energy would likely be available in the event of Secretary considers appropriate. ‘‘(3) The amount, type, and specified con-
‘‘(h) DEFINITIONS.—In this section:
a disruption or emergency. centration of aqueous film-forming foam that
‘‘(1) The term ‘availability’ means the avail-
‘‘(6) Any currently available sources of energy was used or spilled.
ability of required energy at a stated instant of
that would provide uninterrupted energy to crit- ‘‘(4) The cause of the usage or spill.
time or over a stated period of time for a specific
ical missions in the event of a disruption or ‘‘(5) A summary narrative of the usage or
purpose.
emergency. ‘‘(2) The term ‘black start exercise’ means an spill.
‘‘(7) Alternative sources of energy that could ‘‘(b) ACTION PLAN.—Not later than 60 days
exercise in which delivery of energy provided
be developed to provide uninterrupted energy to after submitting notice of a usage or spill under
from off an installation is terminated before
critical missions in the event of a disruption or subsection (a), the Deputy Assistant Secretary
backup generation assets on the installation are
emergency. shall submit to the Committees on Armed Serv-
turned on. Such an exercise shall—
‘‘(d) TESTING AND MEASURING.—(1)(A) The ‘‘(A) determine the ability of the backup sys- ices of the Senate and the House of Representa-
Secretary of Defense shall require the Secretary tems to start independently, transfer the load, tives an action plan for addressing such usage
of each military department and head of each and carry the load until energy from off the in- or spill. The action plan shall include the fol-
Defense Agency to conduct monitoring, meas- stallation is restored; lowing:
uring, and testing to provide the data necessary ‘‘(B) align organizations with critical missions ‘‘(1) A description of what actions have been
to comply with this section. to coordinate in meeting critical mission require- taken to arrest and clean up a spill.
‘‘(B) Any data provided under subparagraph ments; ‘‘(2) A description of any coordination with
(A) shall be made available to the Assistant Sec- ‘‘(C) validate mission operation plans, such as relevant local and State environmental protec-
retary of Defense for Sustainment upon request. continuity of operations plans; tion agencies.’’.
‘‘(2)(A) The Secretary of Defense shall require ‘‘(D) identify infrastructure interdepend- (b) CLERICAL AMENDMENT.—The table of sec-
that black start exercises be conducted to assess encies; and tions at the beginning of such chapter is amend-
the energy resilience and energy security of in- ‘‘(E) verify backup electric power system per- ed by adding at the end the following new item:
stallations for periods established to evaluate formance. ‘‘2712. Reporting on usage and spills of aqueous
the ability of the installation to perform critical ‘‘(3) The term ‘critical mission’— film-forming foam.’’.
missions without access to off-installation en- ‘‘(A) means those aspects of the missions of an SEC. 319. NATIVE AMERICAN LANDS ENVIRON-
ergy resources. installation, including mission essential oper- MENTAL MITIGATION PROGRAM.
‘‘(B) A black start exercise conducted under ations, that are critical to successful perform- (a) IN GENERAL.—Chapter 160 of title 10,
subparagraph (A) may exclude, if technically ance of the strategic national defense mission; United States Code, as amended by section
feasible, housing areas, commissaries, ex- ‘‘(B) may include operational headquarters 318(a), is further amended by adding at the end
changes, and morale, welfare, and recreation facilities, airfields and supporting infrastruc- the following new section:
facilities. ture, harbor facilities supporting naval vessels,
‘‘(C) The Secretary of Defense shall— munitions production and storage facilities, mis- ‘‘§ 2713. Native American lands environmental
‘‘(i) provide uniform policy for the military de- sile fields, radars, satellite control facilities, mitigation program
partments and the Defense Agencies with re- cyber operations facilities, space launch facili- ‘‘(a) ESTABLISHMENT.—The Secretary of De-
spect to conducting black start exercises; and ties, operational communications facilities, and fense may establish and carry out a program to
‘‘(ii) establish a schedule of black start exer- biological defense facilities; and mitigate the environmental effects of actions by
dlhill on DSK120RN23PROD with HOUSE
cises for the military departments and the De- ‘‘(C) does not include military housing (in- the Department of Defense on Indian lands and
fense Agencies, with each military department cluding privatized military housing), morale, on other locations where the Department, an In-
and Defense Agency scheduled to conduct such welfare, and recreation facilities, exchanges, dian tribe, and the current land owner agree
an exercise on a number of installations each commissaries, or privately owned facilities. that such mitigation is appropriate.
year sufficient to allow that military department ‘‘(4) The term ‘energy’ means electricity, nat- ‘‘(b) PROGRAM ACTIVITIES.—The activities
or Defense Agency to meet the goals of this sec- ural gas, steam, chilled water, and heated that may be carried out under the program es-
tion, but in any event not fewer than five in- water. tablished under subsection (a) are the following:
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
H6186 CONGRESSIONAL RECORD — HOUSE December 3, 2020
‘‘(1) Identification, investigation, and docu- and Water Commission, shall develop criteria for (A) strategies to improve the energy produc-
mentation of suspected environmental effects at- the selection of project alternatives to address tion, storage, and distribution system that en-
tributable to past actions by the Department of the impacts of transboundary flows, spills, or hance logistics supply chain resiliency; and
Defense. discharges of pollution or debris from the Ti- (B) ways to reduce the demand for resupply to
‘‘(2) Development of mitigation options for juana River on the personnel, activities, and in- decrease the strain on the logistics supply
such environmental effects, including develop- stallations of the Department of Defense. chain; and
ment of cost-to-complete estimates and a system (b) ELEMENTS.—The projects referred to in (4) an analysis of the integration between en-
for prioritizing mitigation actions. subsection (b) shall address the short-term, long- ergy offices with program offices, budget, and
‘‘(3) Direct mitigation actions that the Sec- term, primary, and secondary impacts of trans- operational planners within the Department of
retary determines are necessary and appropriate boundary flows, spills, or discharges of pollu- Defense and military departments, and rec-
to mitigate the adverse environmental effects of tion or debris from the Tijuana River and in- ommendations for improving coordination.
past actions by the Department. clude recommendations to mitigate such im- (c) FORM OF REPORT.—The report required
‘‘(4) Demolition and removal of unsafe build- pacts. under this section shall be submitted in unclas-
ings and structures used by, under the jurisdic- SEC. 321. PILOT PROGRAM ON ALTERNATIVE sified form, but may contain a classified annex.
tion of, or formerly used by or under the juris- FUEL VEHICLE PURCHASING. SEC. 324. IMPROVEMENT OF THE OPERATIONAL
diction of the Department. (a) IN GENERAL.—The Secretary of Defense, in ENERGY CAPABILITY IMPROVEMENT
‘‘(5) Training, technical assistance, and ad- coordination with the Secretary of Energy and FUND OF THE DEPARTMENT OF DE-
ministrative support to facilitate the meaningful the Administrator of the General Services Ad- FENSE.
participation of Indian tribes in mitigation ac- ministration, shall carry out a pilot program (a) MANAGEMENT OF THE OPERATIONAL EN-
tions under the program. under which the Secretary of Defense may, not- ERGY CAPABILITY IMPROVEMENT FUND.—The As-
‘‘(6) Development and execution of a policy withstanding section 400AA of the Energy Pol- sistant Secretary of Defense for Energy, Instal-
governing consultation with Indian tribes that icy and Conservation Act (42 U.S.C. 6374), pur- lations, and Environment shall exercise author-
have been or may be affected by action by the chase new alternative fuel vehicles for which ity, direction, and control over the Operational
Department, including training personnel of the the initial cost of such vehicles exceeds the ini- Energy Capability Improvement Fund of the De-
Department to ensure compliance with the pol- tial cost of a comparable gasoline or diesel partment of Defense (in this section referred to
icy. fueled vehicle by not more than 10 percent. as the ‘‘OECIF’’).
‘‘(c) COOPERATIVE AGREEMENTS.—(1) In car- (b) LOCATIONS.— (b) ALIGNMENT AND COORDINATION WITH RE-
rying out the program established under sub- (1) IN GENERAL.—The Secretary of Defense LATED PROGRAMS.—
section (a), the Secretary of Defense may enter shall carry out the pilot program under sub- (1) REALIGNMENT OF OECIF.—Not later than 60
into a cooperative agreement with an Indian section (a) at not fewer than 2 facilities or in- days after the date of the enactment of this Act,
tribe or an instrumentality of tribal government. stallations of each military department in the the Secretary of Defense shall realign the
‘‘(2) Notwithstanding chapter 63 of title 31, a continental United States that— OECIF under the Assistant Secretary of Defense
cooperative agreement under this section may be (A) have the largest total number of attached for Energy, Installations, and Environment,
used to acquire property or services for the di- noncombat vehicles as compared to other facili- with such realignment to include personnel posi-
rect benefit of the United States Government. ties or installations of the Department of De- tions adequate for the mission of the OECIF.
‘‘(3) A cooperative agreement under this sec- fense; and (2) BETTER COORDINATION WITH RELATED PRO-
tion for the procurement of severable services (B) are located within 20 miles of public or GRAMS.—The Assistant Secretary shall ensure
may begin in one fiscal year and end in another private refueling or recharging stations. that the placement under the authority of the
fiscal year only if the total period of perform- (2) AIR FORCE LOGISTICS CENTER.—One of the Assistant Secretary of the OECIF along with the
ance does not exceed two calendar years. facilities or installations selected under para- Strategic Environmental Research Program, the
‘‘(d) DEFINITIONS.—In this section: graph (1) shall be an Air Force Logistics Center. Environmental Security Technology Certifi-
‘‘(1) The term ‘Indian land’ includes— (c) ALTERNATIVE FUEL VEHICLE DEFINED.—In cation Program, and the Operational Energy
‘‘(A) any land located within the boundaries this section, the term ‘‘alternative fuel vehicle’’ Prototyping Program is utilized to advance com-
and a part of an Indian reservation, pueblo, or includes a vehicle that uses— mon goals of the Department, promote organiza-
rancheria; (1) a fuel or power source described in the first tional synergies, and avoid unnecessary dupli-
‘‘(B) any land that has been allotted to an in- sentence of section 241(2)of the Clean Air Act (42 cation of effort.
dividual Indian but has not been conveyed to U.S.C. 7581(2)); or (c) PROGRAM FOR OPERATIONAL ENERGY
such Indian with full power of alienation; (2) propane. PROTOTYPING.—
‘‘(C) Alaska Native village and regional cor- SEC. 322. BUDGETING OF DEPARTMENT OF DE- (1) IN GENERAL.—Commencing not later than
poration lands; and FENSE RELATING TO OPERATIONAL 90 days after the date of the enactment of this
ENERGY IMPROVEMENT. Act, the Secretary of Defense, through the As-
‘‘(D) lands and waters upon which any feder-
ally recognized Indian tribe has rights reserved The Secretary of Defense shall include in the sistant Secretary of Defense for Energy, Instal-
by treaty, Act of Congress, or action by the annual budget submission of the President lations, and Environment, shall carry out a pro-
President. under section 1105(a) of title 31, United States gram for the demonstration of technologies re-
‘‘(2) The term ‘Indian tribe’ means any Indian Code, a dedicated budget line item for fielding lated to operational energy prototyping, includ-
tribe, band, nation, or other organized group or operational energy improvements, including ing demonstration of operational energy tech-
community, including any Alaska Native village such improvements for which funds from the nology and validation prototyping.
or regional or village corporation as defined in Operational Energy Capability Improvement (2) OPERATION OF PROGRAM.—The Secretary
or established pursuant to the Alaska Native Fund have been expended to create the oper- shall ensure that the program under paragraph
Claims Settlement Act (43 U.S.C. 1601 et seq.), ational and business case for broader employ- (1) operates in conjunction with the OECIF to
which is recognized as eligible for the special ment. promote the transfer of innovative technologies
programs and services provided by the United SEC. 323. ASSESSMENT OF DEPARTMENT OF DE- that have successfully established proof of con-
States to Indians because of their status as Indi- FENSE OPERATIONAL ENERGY cept for use in production or in the field.
USAGE. (3) PROGRAM ELEMENTS.—In carrying out the
ans.
‘‘(e) LIMITATION.—Nothing in this section (a) IN GENERAL.—Not later than 60 days after program under paragraph (1) the Secretary
shall be interpreted to require, compel, or other- the date of the enactment of this Act, the Sec- shall—
wise authorize access to any lands without the retary of Defense shall enter into an agreement (A) identify and demonstrate the most prom-
landowner’s consent.’’. with a federally funded research and develop- ising, innovative, and cost-effective technologies
(b) CLERICAL AMENDMENT.—The table of sec- ment center with relevant expertise under which and methods that address high-priority oper-
tions at the beginning of chapter 160 of such such center shall conduct an assessment of De- ational energy requirements of the Department
title, as amended by section 318(b), is further partment of Defense operational energy usage, of Defense;
amended by inserting after the item relating to including an agency-wide view and breakdowns (B) in conducting demonstrations under sub-
section 2712 the following new item: of progress by service branch. paragraph (A)—
(b) ELEMENTS.—The assessment required (i) collect cost and performance data to over-
‘‘2713. Native American lands environmental
under subsection (a) shall include— come barriers against employing an innovative
mitigation program.’’.
(1) an analysis of the extent to which the De- technology because of concerns regarding tech-
SEC. 320. STUDY ON ALTERNATIVES TO ADDRESS
IMPACTS OF TRANSBOUNDARY
partment of Defense developed an integrated nical or programmatic risk; and
FLOWS, SPILLS, OR DISCHARGES OF operational energy strategy and the extent to (ii) ensure that components of the Department
POLLUTION OR DEBRIS FROM THE which each of the military departments has im- have time to establish new requirements where
TIJUANA RIVER ON PERSONNEL, AC- plemented such strategy; necessary and plan, program, and budget for
TIVITIES, AND INSTALLATIONS OF (2) an analysis of the viability of imple- technology transition to programs of record;
dlhill on DSK120RN23PROD with HOUSE
DEPARTMENT OF DEFENSE. menting net zero initiatives within the oper- (C) utilize project structures similar to those of
(a) STUDY.—Not later than 90 days after the ational energy enterprise without negatively im- the OECIF to ensure transparency and account-
date of the enactment of this Act, the Secretary pacting mission capability; ability throughout the efforts conducted under
of Defense, in coordination with the Adminis- (3) an analysis of ways to overcome contested the program; and
trator of the Environmental Protection Agency, logistics challenges such as the tyranny of dis- (D) give priority, in conjunction with the
the Secretary of State, and the United States tance within the United States Indo-Pacific OECIF, to the development and fielding of clean
Commissioner of the International Boundary Command, including— technologies that reduce reliance on fossil fuels.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6187
(4) TOOL FOR ACCOUNTABILITY AND TRANSI- the Committees on Armed Services of the Senate sidered in the research, development, testing,
TION.— and House of Representatives an update to the and acquisition of major weapon systems and of
(A) IN GENERAL.—In carrying out the program Department of Defense 2014 Adaptation Road- associated supplies and equipment;
under paragraph (1) the Secretary shall develop map. Such update shall include an outline of (ii) required alterations of stockpiles;
and utilize a tool to track relevant investments the strategy and implementation plan of the De- (iii) reduced or changed availability and ac-
in operational energy from applied research to partment to address the current and foreseeable cess to materials, equipment, and supplies, in-
transition to use to ensure user organizations effects of extreme weather and sea level fluctua- cluding water and food sources;
have the full picture of technology maturation tions on the mission of the Department of De- (iv) disruptions in fuel availability and dis-
and development. fense. tribution;
(B) TRANSITION.—The tool developed and uti- (b) ELEMENTS OF STRATEGY AND IMPLEMENTA- (v) estimated investments required to address
lized under subparagraph (A) shall be designed TION PLAN.—The strategy and implementation foreseeable costs incurred or influenced by ex-
to overcome transition challenges with rigorous plan required to be included in the update treme weather and sea level fluctuations for
and well-documented demonstrations that pro- under subsection (a) shall include— each of the lines of effort in this report, to in-
vide the information needed by all stakeholders (1) a description of the overarching approach clude extreme weather response, over the next 5,
for acceptance of the technology. of the Department to extreme weather, sea level 10, and 20 years, with topline estimates and a
(5) LOCATIONS.— fluctuations, and associated mitigation meas- qualitative discussion of cost drivers for each;
(A) IN GENERAL.—The Secretary shall carry ures; and and
out the testing and evaluation phase of the pro- (2) a discussion of the current and foreseeable (vi) equipment and infrastructure investments
gram under paragraph (1) at installations of the effects of extreme weather and seal level fluc- required to address a changing Arctic environ-
Department of Defense or in conjunction with tuations on— ment; and
exercises conducted by the Joint Staff, a combat- (A) plans and operations, including— (E) such other matters as the Secretary deter-
ant command, or a military department. (i) military readiness; mines appropriate; and
(B) FORMAL DEMONSTRATIONS.—The Secretary (ii) increased frequency, if any, of extreme (c) ASSESSMENTS AND PROJECTIONS.—In pre-
shall carry out any formal demonstrations weather events, including flooding, drought, paring the update as required under subsection
under the program under paragraph (1) at in- desertification, wildfires, thawing permafrost, (a), the Secretary shall consider—
stallations of the Department or in operational hurricanes, and extreme heat; (1) climate projections from the Global Change
settings to document and validate improved (iii) geopolitical instability, if any, caused by Research Office, National Climate Assessment,
warfighting performance and cost savings. climate events, including extreme weather; the National Oceanic and Atmospheric Adminis-
SEC. 325. FIVE-YEAR REVIEWS OF CONTAINMENT (iv) increased demand, if any for Defense Sup-
tration, and other Federal agencies; and
TECHNOLOGIES RELATING TO RED port for Civil Authorities and disaster or hu-
HILL BULK FUEL STORAGE FACILITY.
(2) data on, and analysis of, the national se-
manitarian relief operations;
curity effects of climate prepared by the Climate
(a) REVIEWS.— (v) the operating environment of the Arctic
Security Advisory Council of the Office of the
(1) REVIEWS REQUIRED.—At least once every 5 and of the strategic and geopolitical implica-
Director of National Intelligence established
years, concurrently with the Department of the tions of an ice-free Arctic Ocean; and
pursuant to section 120 of the National Security
Navy’s Tank Upgrade Alternative (TUA) deci- (vi) alteration or limitation on operation envi-
Act of 1947 (50 U.S.C. 3060) and by other ele-
sion review, the Secretary of the Navy shall con- ronments;
ments of the intelligence community.
duct a review of available technologies relating (B) training and testing, including—
(i) changes in land carrying capacity; (d) FORM.—The update to the adaptation
to the containment of fuel to determine whether
(ii) increased maintenance and repair require- roadmap required under subsection (a) shall be
any such technology may be used to improve the
ments for equipment and infrastructure; submitted in an unclassified form, but may con-
containment of fuel with respect to storage
(iii) mitigation of heat stress and heat-related tain a classified annex. If the Secretary deter-
tanks located at the Red Hill Bulk Fuel Storage
illnesses resulting from increasing temperatures; mines that the inclusion of a classified annex is
Facility, Hawaii.
(2) DEADLINE FOR INITIAL REVIEW.—The Sec- (iv) increased dust generation and fire haz- necessary, the Secretary shall conduct an in-
retary shall conduct the first review under para- ards; and person briefing for Members of the Committees
graph (1) concurrent with the first TUA decision (v) maintaining testing and training capacity on Armed Services of the Senate and House of
review conducted after the date of the enact- to support increased operations and civil sup- Representatives by not later than 90 days after
ment of this Act. port missions; the date of the submission of the update.
(b) BRIEFINGS.—Not later than 60 days after (C) built and natural infrastructure, includ- SEC. 328. DEPARTMENT OF DEFENSE REPORT ON
the date on which a review conducted under ing— GREENHOUSE GAS EMISSIONS LEV-
(i) military installation resilience, as such ELS.
subsection (a) is completed, the Secretary shall
provide to the congressional defense committees term is defined in section 101(e)(8) of title 10, (a) IN GENERAL.—Not later than 180 days
a briefing on— United States Code, of installations both within after the date of the enactment of this Act, the
(1) any technology identified in such review and outside the United States and its posses- Secretary of Defense shall submit to the Commit-
that the Secretary determines may be used to sions and territories and of the State-owned Na- tees on Armed Services of the Senate and House
improve the containment of fuel with respect to tional Guard installations of the several States; of Representatives and to the Comptroller Gen-
storage tanks located at the Red Hill Bulk Fuel (ii) resilience of the air and sea ports of our eral a report on the total level of greenhouse gas
Storage Facility; and allies and partners that are critical to the train- emissions for each of the last 10 fiscal years.
(2) the feasibility and cost of implementing ing, deployment, and operations of the Armed Such emissions levels shall include the agency-
any such technology at the Red Hill Bulk Fuel Forces of the United States and its allies and wide total, breakdowns by military department,
Storage Facility. partners; and delineations between installation and oper-
(c) TERMINATION.—The requirements to con- (iii) resilience of the deployment system and ational emissions.
duct reviews under subsection (a) and provide structure of the Department of Defense and of (b) FORM OF REPORT.—The report required
briefings under subsection (b) shall terminate on the United States, including the strategic high- under this section shall be submitted in unclas-
the date on which the Red Hill Bulk Fuel Stor- way network, the strategic rail network, and sified form, but may contain a classified annex.
age Facility ceases operation, as determined by designated strategic air and sea ports; SEC. 329. OBJECTIVES, PERFORMANCE STAND-
the Secretary of the Navy. (iv) best practices for modeling and mitigating ARDS, AND CRITERIA FOR USE OF
SEC. 326. LIMITATION ON USE OF FUNDS FOR AC- risks posed to military installations by increased WILDLIFE CONSERVATION BANKING
QUISITION OF FURNISHED ENERGY inundation, erosion, flood, wind, and fire dam- PROGRAMS.
FOR RHINE ORDNANCE BARRACKS age; (a) IN GENERAL.—To ensure opportunities for
ARMY MEDICAL CENTER. (v) changing energy demand at military in- Department of Defense participation in wildlife
None of the funds authorized to be appro- stallations to include heating and cooling, par- conservation banking programs pursuant to sec-
priated by this Act or otherwise made available ticularly in communities experiencing grid tion 2694c of title 10, United States Code, the
for fiscal year 2021 for the Department of De- stress; Secretary of the Interior, acting through the Di-
fense may be used to enter into a contract for (vi) disruption and competition for reliable en- rector of the United States Fish and Wildlife
the acquisition of furnished energy for the new ergy and water resources; Service, shall issue regulations of general appli-
Rhine Ordnance Barracks Army Medical Center (vii) increased maintenance and sustainment cability establishing objectives, measurable per-
(hereafter referred to as the ‘‘Medical Center’’) costs; formance standards, and criteria for use, con-
before the date on which Secretary of Defense (viii) damage to natural and constructed in- sistent with the Endangered Species Act (16
submits to the congressional defense committees frastructure from thawing permafrost and sea U.S.C. 1531 et seq.), for mitigation banking off-
a written certification that the Medical Center ice; and setting effects on a species, or habitat of such
does not use any energy sourced from inside the (ix) the effects of extreme weather and sea species, that is endangered, threatened, a can-
dlhill on DSK120RN23PROD with HOUSE
Russian Federation as a means of generating level fluctuations on community support infra- didate for listing, or otherwise at risk under
the furnished energy. structure, including roads, transportation hubs, such Act. To the maximum extent practicable,
SEC. 327. REQUIREMENT TO UPDATE DEPART- and medical facilities; the regulatory standards and criteria shall
MENT OF DEFENSE ADAPTATION (D) acquisition and supply chain, including— maximize available credits and opportunities for
ROADMAP. (i) measures to ensure that the current and mitigation, provide flexibility for characteristics
(a) IN GENERAL.—Not later than February 1, projected future scale and impacts of extreme of various species, and apply equivalent stand-
2022, the Secretary of Defense shall submit to weather and sea level fluctuations are fully con- ards and criteria to all mitigation banks.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
H6188 CONGRESSIONAL RECORD — HOUSE December 3, 2020
(b) DEADLINE FOR REGULATIONS.—The Sec- (1) a description of the technologies included (ii) methods for removal of PFAS from the en-
retary of the Interior, acting through the Direc- in the survey; vironment; and
tor of the United States Fish and Wildlife Serv- (2) a list of the technologies that were consid- (iii) methods to safely destroy or degrade
ice, shall publish an advance notice of proposed ered for further testing or analysis; and PFAS;
rulemaking for the regulations required by sub- (3) any technologies that are undergoing addi- (D) establishes goals, priorities, and metrics
section (a) by not later than 1 year after the tional analysis for possible application within for federally funded PFAS research and devel-
date of the enactment of this Act. the Department. opment that takes into account the current state
SEC. 330. PRIZES FOR DEVELOPMENT OF NON- SEC. 332. INTERAGENCY BODY ON RESEARCH RE- of research and development identified in sub-
PFAS-CONTAINING FIRE-FIGHTING LATED TO PER- AND paragraph (A) and the challenges identified in
AGENT. POLYFLUOROALKYL SUBSTANCES. subparagraph (C); and
(a) AUTHORITY.—The Secretary of Defense, (a) ESTABLISHMENT.—The Director of the Of- (E) an implementation plan for Federal agen-
acting through the Assistant Secretary of De- fice of Science and Technology Policy, acting cies and, for each update to the strategic plan
fense for Sustainment and the Strategic Envi- through the National Science and Technology under this paragraph, a description of how Fed-
ronmental Research and Development Program, Council, shall establish, or designate, an inter- eral agencies have been following the implemen-
may carry out a program to award cash prizes agency working group to coordinate Federal ac- tation plan.
and other types of prizes that the Secretary de- tivities related to PFAS research and develop- (e) CONSULTATION.—In developing the stra-
termines are appropriate to recognize out- ment. tegic plan under subsection (d)(2), the inter-
standing achievements in the development of a (b) AGENCY PARTICIPATION.—The interagency agency working group shall consult with States,
non-PFAS-containing fire-fighting agent to re- working group shall include a representative of tribes, territories, local governments, appro-
place aqueous film-forming foam with the poten- each of— priate industries, academic institutions and
tial for application to the performance of the (1) the Environmental Protection Agency; nongovernmental organizations with expertise
military missions of the Department of Defense. (2) the National Institute of Environmental in PFAS research and development, treatment,
(b) COMPETITION REQUIREMENTS.—A program Health Sciences; management, and alternative development.
under subsection (a) shall use a competitive (3) the Agency for Toxic Substances and Dis- (f) SUNSET.—The strategic plan requirement
process for the selection of recipients of cash ease Registry; described under section (d)(2) shall cease on the
prizes. The process shall include the widely-ad- (4) the National Science Foundation; date that is 20 years after the initial strategic
vertised solicitation of submissions of research (5) the Department of Defense; plan is developed.
results, technology developments, and proto- (6) the National Institutes of Health; (g) DEFINITIONS.—In this section:
types. (7) the National Institute of Standards and (1) PFAS.—The term ‘‘PFAS’’ means—
(c) LIMITATIONS.—The following limitations Technology; (A) man-made chemicals of which all of the
shall apply to a program under subsection (a): (8) the National Oceanic and Atmospheric Ad- carbon atoms are fully fluorinated carbon
(1) No prize competition may result in the ministration; atoms; and
award of a prize with a fair market value of (9) the Department of the Interior; (B) man-made chemicals containing a mix of
more than $5,000,000. (10) the Department of Transportation; fully fluorinated carbon atoms, partially
(2) No prize competition may result in the (11) the Department of Homeland Security; fluorinated carbon atoms, and nonfluorinated
award of more than $1,000,000 in cash prizes (12) the National Aeronautics and Space Ad- carbon atoms.
without the approval of the Assistant Secretary ministration; (2) PFAS RESEARCH AND DEVELOPMENT DE-
(13) the National Toxicology Program; FINED.—The term ‘‘PFAS research and develop-
of Defense for Sustainment.
(3) No prize competition may result in the (14) the Department of Agriculture; ment’’ includes any research or project that has
award of a solely nonmonetary prize with a fair (15) the Geological Survey; the goal of accomplishing the following:
market value of more than $10,000 without the (16) the Department of Commerce; (A) The removal of PFAS from the environ-
approval of the Assistant Secretary of Defense (17) the Department of Energy; ment.
(18) the Office of Information and Regulatory (B) The safe destruction or degradation of
for Sustainment.
Affairs; PFAS.
(d) RELATIONSHIP TO OTHER AUTHORITY.—A
(19) the Office of Management and Budget; (C) The development and deployment of safer
program under subsection (a) may be carried out
and and more environmentally friendly alternative
in conjunction with or in addition to the exer-
(20) any such other Federal department or substances that are functionally similar to those
cise of any other authority of the Department of
agency as the Director of the Office of Science made with PFAS.
Defense. (D) The understanding of sources of environ-
(e) USE OF PRIZE AUTHORITY.—Use of prize and Technology Policy considers appropriate.
(c) CO-CHAIRS.—The Interagency working mental PFAS contamination and pathways to
authority under this section shall be considered
group shall be co-chaired by the Director of the exposure for the public.
the use of competitive procedures for the pur- (E) The understanding of the toxicity of PFAS
poses of section 2304 of title 10, United States Office of Science and Technology Policy and, on
a biannual rotating basis, a representative from to humans and animals.
Code.
a member agency, as selected by the Director of SEC. 333. RESTRICTION ON DEPARTMENT OF DE-
(f) PFAS DEFINED.—In this section, the term FENSE PROCUREMENT OF CERTAIN
‘‘PFAS’’ means— the Office of Science and Technology Policy.
ITEMS CONTAINING
(1) man-made chemicals of which all of the (d) RESPONSIBILITIES OF THE WORKING PERFLUOROOCTANE SULFONATE OR
carbon atoms are fully fluorinated carbon GROUP.—The interagency working group estab- PERFLUOROOCTANOIC ACID.
atoms; and lished under subsection (a) shall— (a) PROHIBITION.—The Department of Defense
(2) man-made chemicals containing a mix of (1) provide for interagency coordination of may not procure any covered item that contains
fully fluorinated carbon atoms, partially federally funded PFAS research and develop- perfluorooctane sulfonate (PFOS) or
fluorinated carbon atoms, and nonfluorinated ment; and perfluorooctanoic acid (PFOA).
carbon atoms. (2) not later than 12 months after the date of (b) DEFINITIONS.—In this section, the term
(g) TERMINATION.—The authority to carry out enactment of this Act, develop and make pub- ‘‘covered item’’ means—
a program under this section shall terminate on licly available a strategic plan for Federal sup- (1) nonstick cookware or cooking utensils for
October 1, 2024. port for PFAS research and development (to be use in galleys or dining facilities; and
SEC. 331. SURVEY OF TECHNOLOGIES FOR DE- updated not less frequently than once every (2) upholstered furniture, carpets, and rugs
PARTMENT OF DEFENSE APPLICA- three years) that— that have been treated with stain-resistant coat-
TION IN PHASING OUT THE USE OF (A) identifies all current federally funded ings.
FLUORINATED AQUEOUS FILM- PFAS research and development, including the (c) EFFECTIVE DATE.—This section shall take
FORMING FOAM. nature and scope of such research and develop- effect on April 1, 2023.
(a) SURVEY OF TECHNOLOGIES.—The Secretary ment and the amount of funding associated SEC. 334. RESEARCH AND DEVELOPMENT OF AL-
of Defense shall conduct a survey of relevant with such research and development during the TERNATIVE TO AQUEOUS FILM-
technologies, other than fire-fighting agent so- current fiscal year, disaggregated by agency; FORMING FOAM.
lutions, to determine whether any such tech- (B) identifies all federally funded PFAS re- (a) IN GENERAL.—The Secretary of Defense,
nologies are available and can be adapted for search and development having taken place in acting through the National Institute of Stand-
use by the Department of Defense to facilitate the last three years, excluding the research list- ards and Technology and in consultation with
the phase-out of fluorinated aqueous film-form- ed under subparagraph (A), including the na- appropriate stakeholders and manufactures, re-
ing foam. The technologies surveyed under this ture and scope of such research and develop- search institutions, and other Federal agencies
subsection shall include hangar flooring sys- ment and the amount of funding associated shall award grants and carry out other activi-
tems, fire-fighting agent delivery systems, con- with such research and development during the ties to—
tainment systems, and other relevant tech- current fiscal year, disaggregated by agency; (1) promote and advance the research and de-
dlhill on DSK120RN23PROD with HOUSE
nologies the Secretary determines appropriate. (C) identifies scientific and technological velopment of additional alternatives to aqueous
(b) BRIEFING.—Not later than 1 year after the challenges that must be addressed to understand film-forming foam (in this section referred to as
date of enactment of this Act, the Secretary and to significantly reduce the environmental ‘‘AFFF’’) containing per- and polyfluoroalkyl
shall provide the congressional defense commit- and human health impacts of PFAS and to substances (in this section referred to as
tees a briefing on the results of the survey con- identify cost-effective— ‘‘PFAS’’) to facilitate the development of a mili-
ducted under subsection (a). The briefing shall (i) alternatives to PFAS that are designed to tary specification and subsequent fielding of a
include— be safer and more environmentally friendly; PFAS-free fire-fighting foam;
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6189
(2) advance the use of green and sustainable ment of Defense located in the United States the National Institute of Standards and Tech-
chemistry for a fluorine-free alternative to and State-owned facilities of the National nology shall examine—
AFFF; Guard; (A) the identity, prevalence, and concentra-
(3) increase opportunities for sharing best (2) the covered PFAS detected in ground- tion of per- and polyfluoroalkyl substances
practices within the research and development water; and (commonly known as ‘‘PFAS’’) in the personal
sector with respect to AFFF; (3) the levels of covered PFAS detected. protective equipment worn by firefighters;
(4) assist in the testing of potential alter- (e) DEFINITIONS.—In this section: (B) the conditions and extent to which per-
natives to AFFF; and (1) The term ‘‘covered PFAS’’ means each of and polyfluoroalkyl substances are released into
(5) provide guidelines on priorities with re- the following: the environment over time from the degradation
spect to an alternative to AFFF. (A) Perfluorooctanoic acid (commonly referred of personal protective equipment from normal
(b) ADDITIONAL REQUIREMENTS.—In carrying to as ‘‘PFOA’’) (Chemical Abstracts Service No. use by firefighters; and
out the program required under subsection (a), 335–67–1) detected in groundwater above 70 (C) the relative risk of exposure to per- and
the Secretary shall— parts per trillion, individually or in combination polyfluoroalkyl substances faced by firefighters
(1) take into consideration the different uses with PFOS. from—
of AFFF and the priorities of the Department of (B) Perfluorooctane sulfonic acid (commonly (i) their use of personal protective equipment;
Defense in finding an alternative; referred to as ‘‘PFOS’’) (Chemical Abstracts and
(2) prioritize green and sustainable chemicals Service No. 1763–23–1) detected in groundwater (ii) degradation of personal protective equip-
that do not pose a threat to public health or the above 70 parts per trillion, individually or in ment from normal use by firefighters.
environment; and combination with PFOA. (3) REPORTS.—
(3) use and leverage research from existing (C) Perfluorobutanesulfonic acid (commonly (A) PROGRESS REPORTS.—Not less frequently
Department of Defense programs. referred to as ‘‘PFBS’’) (Chemical Abstracts than once each year for the duration of the
(c) REPORT.—The Secretary shall submit to Service No. 375–73–5) detected in groundwater study conducted under paragraph (1), the Di-
Congress a report on— above 40 parts per billion. rector shall submit to Congress a report on the
(1) the priorities and actions taken with re- progress of the Director in conducting such
(2) The term ‘‘PFAS’’ means a perfluoroalkyl
spect to finding an alternative to AFFF and the study.
or polyfluoroalkyl substance with at least one
implementation of such priorities; and (B) FINAL REPORT.—Not later than 90 days
fully fluorinated carbon atom, including the
(2) any alternatives the Secretary has denied, after the date on which the Director completes
chemical GenX.
and the reason for any such denial. the study required by paragraph (1), the Direc-
(d) USE OF FUNDS.—This section shall be car- SEC. 336. REPORTING ON ENERGY SAVINGS PER-
FORMANCE CONTRACTS.
tor shall submit to Congress a report describ-
ried out using amounts authorized to be avail- ing—
able for the Strategic Environmental Research (a) IN GENERAL.—Section 2925(a) of title 10, (i) the findings of the Director with respect to
and Development Program. United States Code, is amended— the study; and
SEC. 335. NOTIFICATION TO AGRICULTURAL OP-
(1) by redesignating paragraph (7) as para- (ii) recommendations on what additional re-
ERATIONS LOCATED IN AREAS EX- graph (8); and search or technical improvements to personal
POSED TO DEPARTMENT OF DE- (2) by inserting after paragraph (6) the fol- protective equipment materials or components
FENSE PFAS USE. lowing new paragraph: should be pursued to avoid unnecessary occupa-
(a) NOTIFICATION REQUIRED.—Not later than ‘‘(7) A description of the use of energy savings tional exposure among firefighters to per- and
60 days after the date of the enactment of this performance contracts (in this paragraph re- polyfluoroalkyl substances through personal
Act, the Secretary of Defense, in consultation ferred to as ‘ESPCs’) by the Department of De- protective equipment.
with the Secretary of Agriculture, shall provide fense, including— (4) AUTHORIZATION OF APPROPRIATIONS.—
a notification described in subsection (b) to any ‘‘(A) the total investment value of the total There is authorized to be appropriated $2,500,000
agricultural operation located within one mile number of ESPCs per service for the previous for each of fiscal years 2021 and 2022.
down gradient of a military installation or Na- five fiscal years; (c) RESEARCH ON PER- AND POLYFLUOROALKYL
tional Guard facility where covered PFAS— ‘‘(B) the location of facilities with ESPCs for SUBSTANCES IN PERSONAL PROTECTIVE EQUIP-
(1) has been detected in groundwater; the previous five fiscal years; MENT WORN BY FIREFIGHTERS.—
(2) has been hydrologically linked to a local ‘‘(C) any limitations on expanding ESPCs (1) IN GENERAL.—Not later than 180 days after
agricultural or drinking water source, including throughout the Department of Defense; the date of the submittal of the report required
a water well; and ‘‘(D) the effect ESPCs have on military readi- by subsection (b)(3)(B), the Director of the Na-
(3) is suspected to be, or known to be, the re- ness; and tional Institute of Standards and Technology
sult of the use of PFAS at an installation of the ‘‘(E) any additional information the Secretary shall, subject to the availability of appropria-
Department of Defense located in the United determines relevant.’’. tions—
States or State-owned facility of the National (b) APPLICABILITY.—The reporting require- (A) issue a solicitation for research proposals
Guard. ment under paragraph (7) of section 2925(a) of to carry out the research recommendations iden-
(b) NOTIFICATION REQUIREMENTS.—The notifi- title 10, United States Code, as added by sub- tified in the report submitted under subsection
cation required under subsection (a) shall in- section (a) of this section, applies to reports sub- (b)(3)(B); and
clude the following information: mitted under such section 2925 for fiscal year (B) award grants to applicants that submit re-
(1) The name of the Department of Defense in- 2021 and thereafter. search proposals to develop safe alternatives to
stallation or National Guard facility from which SEC. 337. INCREASE IN FUNDING FOR CENTERS per- and polyfluoroalkyl substances in personal
the covered PFAS in groundwater originated. FOR DISEASE CONTROL STUDY ON protective equipment.
(2) The specific covered PFAS detected in HEALTH IMPLICATIONS OF PER- AND (2) CRITERIA.—The Director shall select re-
groundwater. POLYFLUOROALKYL SUBSTANCES
search proposals to receive a grant under para-
(3) The levels of the covered PFAS detected. CONTAMINATION IN DRINKING
WATER. graph (1) on the basis of merit, using criteria
(4) Relevant governmental information regard- identified by the Director, including the likeli-
ing the health and safety of the covered PFAS Section 316(a)(2)(B)(ii) of the National De-
hood that the research results will address the
detected, including relevant Federal or State fense Authorization Act for Fiscal Year 2018
findings of the Director with respect to the
standards for PFAS in groundwater, livestock, (Public Law 115–91; 131 Stat. 1350) is amended
study conducted under subsection (b)(1).
food commodities and drinking water, and any by striking ‘‘$10,000,000’’ and inserting
(3) ELIGIBLE ENTITIES.—Any entity or group of
known restrictions for sale of agricultural prod- ‘‘$15,000,000’’.
2 or more entities may submit to the Director a
ucts that have been irrigated or watered with SEC. 338. GUARANTEEING EQUIPMENT SAFETY
research proposal in response to the solicitation
water containing PFAS. FOR FIREFIGHTERS ACT OF 2020.
for research proposals under paragraph (1), in-
(c) ADDITIONAL TESTING RESULTS.—The Sec- (a) SHORT TITLE.—This section may be cited cluding—
retary of Defense shall provide to an agricul- as the ‘‘Guaranteeing Equipment Safety for (A) State and local agencies;
tural operation that receives a notice under sub- Firefighters Act of 2020’’. (B) public institutions, including public insti-
section (a) any pertinent updated information, (b) NATIONAL INSTITUTE OF STANDARDS AND tutions of higher education;
including any results of new elevated testing, by TECHNOLOGY STUDY ON PER- AND (C) private corporations; and
not later than 15 days after receiving validated POLYFLUOROALKYL SUBSTANCES IN PERSONAL (D) nonprofit organizations.
test results. PROTECTIVE EQUIPMENT WORN BY FIRE- (4) AUTHORIZATION OF APPROPRIATIONS.—
(d) REPORT TO CONGRESS.—Not later than 90 FIGHTERS.— There are authorized to be appropriated
days after the date of the enactment of this Act, (1) IN GENERAL.—Not later than 3 years after $5,000,000 for fiscal year 2023, $5,000,000 for fis-
and annually thereafter, the Secretary of De- the date of the enactment of this Act, the Direc- cal year 2024, and $5,000,000 for fiscal year 2025
fense shall submit to the Committee on Agri- tor of the National Institute of Standards and to carry out this section.
culture, Nutrition, and Forestry of the Senate Technology shall, subject to availability of ap- (d) AUTHORITY FOR DIRECTOR OF THE NA-
dlhill on DSK120RN23PROD with HOUSE
and the Committee on Agriculture of the House propriations, in consultation with the Director TIONAL INSTITUTE OF STANDARDS AND TECH-
of Representatives a report on the status of pro- of the National Institute for Occupational Safe- NOLOGY TO CONSULT WITH EXPERTS ON MAT-
viding notice under subsection (a). Such report ty and Health, complete a study of the contents TERS RELATING TO PER- AND POLYFLUOROALKYL
shall include, for the period covered by the re- and composition of new and unused personal SUBSTANCES.—In carrying out this section, the
port— protective equipment worn by firefighters. Director of the National Institute of Standards
(1) the approximate locations of such oper- (2) CONTENTS OF STUDY.—In carrying out the and Technology may consult with Federal agen-
ations relative to installations of the Depart- study required by paragraph (1), the Director of cies, nongovernmental organizations, State and
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
H6190 CONGRESSIONAL RECORD — HOUSE December 3, 2020
local governments, and science and research in- over-the-shore logistics of forces to meet steady ‘‘(1) Whether the report includes each of the
stitutions determined by the Director to have state and contingency requirements and the elements referred to in subsection (b).
scientific or material interest in reducing unnec- strategic and intra-theater movement of sup- ‘‘(2) The strengths and weaknesses of the ap-
essary occupational exposure to per- and plies, personnel, and equipment. proach and methodology used in conducting the
polyfluoroalkyl substances by firefighters. ‘‘(B) An assessment of the strategic, oper- review required under subsection (a) that is cov-
SEC. 339. ASSESSMENT OF DEPARTMENT OF DE- ational, and tactical airlift and tankers (includ- ered by the report.
FENSE EXCESS PROPERTY PRO- ing non-military assets provided by the Civil Re- ‘‘(3) Any other matters relating to sustainment
GRAMS WITH RESPECT TO NEED AND serve Air Fleet) required to meet steady state that may arise from the report, as the Comp-
WILDFIRE RISK. and contingency requirements. troller General considers appropriate.
(a) ASSESSMENT OF PROGRAMS.— ‘‘(C) An assessment of the location, configura- ‘‘(d) RELATIONSHIP TO BUDGET.—Nothing in
(1) IN GENERAL.—The Secretary of Defense, tion, material condition, and inventory of this section shall be construed to affect section
acting through the Director of the Defense Lo- prepositioned materiel, equipment, and war re- 1105(a) of title 31.’’.
gistics Agency, jointly with the Secretary of Ag- serves programs, as well as the ability to store (b) CLERICAL AMENDMENT.—The table of sec-
riculture, acting through the Chief of the Forest and distribute these items to deployed military tions at the beginning of such chapter is amend-
Service, shall assess the Firefighter Property forces, required to meet steady state and contin- ed by inserting after the item relating to section
Program (FFP) and the Federal Excess Personal gency requirements. 118 the following new item:
Property Program (FEPP) implementation and ‘‘(D) An assessment of the location, infra- ‘‘118a. National Defense Sustainment and Logis-
best practices, taking into account community structure, and storage capacity for petroleum, tics Review.’’.
need and risk, including whether a community oil, and lubricant products, as well as the abil- (c) DEADLINE FOR SUBMITTAL OF FIRST RE-
is an at-risk community (as defined in section ity to store, transport, and distribute such prod- PORT.—Notwithstanding the deadline in sub-
101(1) of the Healthy Forests Restoration Act of ucts from storage supply points to deployed mili- section (b)(1) of section 118a of title 10, United
2003 (16 U.S.C. 6511(1)). tary forces, required to meet steady state and States Code, as added by subsection (a), the Sec-
(2) COLLABORATION.—In carrying out the as- contingency requirements. retary of Defense shall submit the first report
sessment required under paragraph (1), the Sec- ‘‘(E) An assessment of the capabilities, capac- under such section not later than the date that
retary of Defense, acting through the Director ity, and infrastructure of the Department of De- is 18 months after the date of the enactment of
of the Defense Logistics Agency, and the Sec- fense organic industrial base and private sector this Act, unless a new National Defense Strat-
retary of Agriculture, acting through the Chief industrial base required to meet steady-state egy is released prior to such date.
of the Forest Service, shall consult with State and surge software and depot maintenance re- SEC. 342. REPEAL OF SUNSET FOR MINIMUM AN-
foresters and participants in the programs de- quirements. NUAL PURCHASE AMOUNT FOR CAR-
scribed in such paragraph. ‘‘(F) An assessment of the production capa- RIERS PARTICIPATING IN THE CIVIL
(b) REPORT.—Not later than 180 days after the RESERVE AIR FLEET.
bility, capacity, and infrastructure, of the De-
date of the enactment of this Act, the Secretary partment of Defense organic industrial base and Section 9515 of title 10, United States Code, is
of Defense, acting through the Director of the private sector industrial base required to meet amended by striking subsection (k).
Defense Logistics Agency, jointly with the Sec- steady-state and surge production requirements SEC. 343. ADDITIONAL ELEMENTS FOR INCLU-
retary of Agriculture, acting through the Chief SION IN NAVY SHIP DEPOT MAINTE-
for ammunition and other military munitions. NANCE BUDGET REPORT.
of the Forest Service, shall submit to the Com- ‘‘(G) An assessment of the condition, capacity,
mittee on Armed Services and the Committee on Section 363(b) of the National Defense Author-
location, and survivability under likely threats
Agriculture of the House of Representatives and ization Act for Fiscal Year 2020 (Public Law
of military infrastructure located both inside the
the Committee on Armed Services and the Com- 116–92) is amended by adding at the end the fol-
continental United States and outside the conti-
mittee on Agriculture, Forestry, and Nutrition lowing new paragraphs:
nental United States, including agreements with
of the Senate a report on the assessment re- ‘‘(6) The execution of the planned schedule,
and infrastructure provided by international
quired under paragraph (1) of subsection (a) categorized by class of ship, for each of the
partners, required to generate, project, and sus-
and any findings and recommendations with re- three preceding fiscal years, including—
tain military forces to meet steady-state and ‘‘(A) the actual contract award compared to
spect to the programs described in such para- contingency requirements. the milestone;
graph. ‘‘(H) An assessment of the cybersecurity risks ‘‘(B) the planned completion date compared to
Subtitle C—Logistics and Sustainment to military and commercial logistics networks the actual completion date; and
SEC. 341. NATIONAL DEFENSE SUSTAINMENT AND and information technology systems. ‘‘(C) each regional maintenance center’s
LOGISTICS REVIEW. ‘‘(I) An assessment of the gaps between the re- availability schedule performance for on-time
(a) IN GENERAL.—Chapter 2 of title 10, United quirements identified under subparagraphs (A) availability completion.
States Code, is amended by inserting after sec- through (H) compared to the actual force struc- ‘‘(7) In accordance with the findings of the
tion 118 the following new section: ture and infrastructure capabilities, capacity, Government Accountability Office (GAO 20–
and posture and the risks associated with each 370)—
‘‘§ 118a. National Defense Sustainment and
gap as it relates to the ability to meet the na- ‘‘(A) in 2021, an analysis plan for the evalua-
Logistics Review
tional defense strategy. tion of pilot program availabilities funded by
‘‘(a) REVIEW REQUIRED.—Upon submission of ‘‘(J) A discussion of the identified mitigations the Other Procurement, Navy account; and
each national defense strategy under section being pursued to address each gap and risk ‘‘(B) in 2022, a report on the Navy’s progress
113(g) of this title, the Secretary of Defense shall identified under subparagraph (I) as well as the implementing such analysis plan.’’.
conduct a comprehensive review of the initiatives and resources planned to address SEC. 344. CLARIFICATION OF LIMITATION ON
sustainment and logistics requirements nec- such gaps, as included in the Department of De- LENGTH OF OVERSEAS FORWARD
essary to support the force structure, force mod- fense budget request submitted during the same DEPLOYMENT OF CURRENTLY DE-
ernization, infrastructure, force deployment ca- year as the report and the applicable future- PLOYED NAVAL VESSELS.
pabilities, and other elements of the defense pro- years defense program. Section 323(b) of the John S. McCain National
gram and policies of the United States during ‘‘(K) An assessment of the extent to which Defense Authorization Act for Fiscal Year 2019
the subsequent 5-, 10-, and 25-year periods. wargames incorporate logistics capabilities and (Public Law 115–232; 132 Stat. 1720; 10 U.S.C.
Each such review shall be known as the ‘Na- threats and a description of the logistics con- 8690 note) is amended by striking ‘‘In the case of
tional Defense Sustainment and Logistics Re- straints and restraints to operations identified any naval vessel’’ and inserting ‘‘In the case of
view’. Each such review shall be conducted in through such wargames. any aircraft carrier, amphibious ship, cruiser,
consultation with the Secretaries of the military ‘‘(L) An assessment of the ability of the De- destroyer, frigate, or littoral combat ship’’.
departments, the Chiefs of Staff of the Armed partment of Defense, the Armed Forces, and the SEC. 345. INDEPENDENT ADVISORY PANEL ON
Forces, all functional and geographic combatant combatant commands to leverage and integrate WEAPON SYSTEM SUSTAINMENT.
commanders, and the Director of the Defense emergent logistics related technologies and ad- (a) ESTABLISHMENT.—The Secretary of De-
Logistics Agency. vanced computing systems. fense shall establish an independent advisory
‘‘(b) REPORT TO CONGRESS.—(1) Not later than ‘‘(M) Such other matters the Secretary of De- panel (in this section referred to as the ‘‘panel’’)
the first Monday in February of the year fol- fense considers appropriate. on the weapon system sustainment ecosystem.
lowing the fiscal year during which the Na- ‘‘(2) In preparing the report under paragraph The National Defense University and the De-
tional Defense Strategy was submitted under (1), the Secretary of Defense shall consult with, fense Acquisition University shall sponsor the
section 113(g) of this title, the Secretary shall and consider the recommendations of, the panel, including by providing administrative
submit to the congressional defense committees a Chairman of the Joint Chiefs of Staff. support.
report on the review required by subsection (a). ‘‘(3) The report required under this subsection (b) MEMBERSHIP.—
Each such report shall include each of the fol- shall be submitted in classified form and shall (1) COMPOSITION.—The panel shall be com-
lowing: include an unclassified summary. prised of nine members, of whom—
dlhill on DSK120RN23PROD with HOUSE
‘‘(A) An assessment of the strategic, oper- ‘‘(c) COMPTROLLER GENERAL REVIEW.—Not (A) five shall be appointed by the Secretary of
ational, and tactical maritime logistics force (in- later than 180 days after the date on which Sec- Defense;
cluding non-military assets provided by Military retary submits each report required under sub- (B) one shall be appointed by the Chairman of
Sealift Command, the Maritime Administration, section (b), the Comptroller General shall submit the Committee on Armed Services of the Senate;
and through the Voluntary Intermodal Sealift to the congressional defense committees a report (C) one shall be appointed by the Ranking
Agreement and Voluntary Tanker Agreement) that includes an assessment of each of the fol- Member of the Committee on Armed Services of
required to support sealift, at sea logistics, and lowing: the Senate;
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6191
(D) one shall be appointed by the Chairman of 2025, the Secretary of the Navy shall provide to tem’’ and inserting ‘‘operational availability,
the Committee on Armed Services of the House the congressional defense committees biannual and materiel reliability for each major weapon
of Representatives; and briefings on the status of the Shipyard Infra- system’’; and
(E) one shall be appointed by the Ranking structure Optimization Plan. (ii) by inserting ‘‘and’’ at the end;
Member of the Committee on Armed Services of (b) ELEMENTS OF BRIEFINGS.—Each briefing (B) in paragraph (2), by striking ‘‘; and’’ and
the House of Representatives. under subsection (a) shall include a discussion inserting a period at the end; and
(2) EXPERTISE.—In making appointments of the status of each of the following elements: (C) by striking paragraph (3); and
under this subsection, consideration should be (1) A master plan for infrastructure develop- (5) by adding at the end the following new
given to individuals with expertise in public and ment, including projected military construction subsection:
private-sector acquisition, sustainment, and lo- and capital equipment projects. ‘‘(e) DEFINITIONS.—In this section:
gistics policy in aviation, ground, maritime sys- (2) A planning and design update for military ‘‘(1) The term ‘major weapon system’ has the
tems, and space systems and their related com- construction, minor military construction, and meaning given in section 2379(f) of this title.
ponents. facility sustainment projects over the subsequent ‘‘(2) The term ‘materiel availability’ means a
(3) APPOINTMENT DATE.—The appointment of five-year period. measure of the percentage of the total inventory
the members of the panel shall be made not later (3) A human capital management and devel- of a major weapon system that is operationally
than 120 days after the date of the enactment of opment plan. capable of performing an assigned mission.
this Act. (4) A workload management plan that in-
‘‘(3) The term ‘materiel reliability’ means the
(c) DUTIES.—The panel shall— cludes synchronization requirements for each
probability that a major weapon system will per-
(1) review the weapon system sustainment eco- shipyard and ship class.
form without failure over a specified interval.
system from development, production, and (5) Performance metrics and an assessment
‘‘(4) The term ‘operational availability’ means
sustainment of the weapon system through use plan.
(6) A funding and authority plan that in- a measure of the percentage of time a major
in the field, depot and field-level maintenance, weapon system is operationally capable.
modification, and disposal with a goal of— cludes funding lines across the future years de-
fense program. ‘‘(5) The term ‘operationally capable’ means a
(A) maximizing the availability and mission materiel condition indicating that a major
capabilities of weapon systems; (7) A listing of equipment from Federal Supply
Classes 3411 (Boring Machines), 3416 (Lathes) weapon system is capable of performing its as-
(B) reducing overall life-cycle costs of weapon signed mission and has no discrepancies with a
systems during fielding, operation and and 3441 (Bending and Forming Machines) that
has been unserviceable for over 30 consecutive subsystem of a major weapon system.’’.
sustainment; and (b) CLERICAL AMENDMENT.—The table of sec-
(C) aligning weapon system sustainment func- days, including, for each such piece of equip-
ment— tions at the beginning of chapter 2 of title 10,
tions to the most recent national defense strat- United States Code, is amended by striking the
egy submitted pursuant to section 113 of title 10, (A) the reason for the delayed repair;
(B) the availability of technical representa- item relating to section 118 and inserting the fol-
United States Code; and lowing new item:
(2) using information from the review of the tives from the manufacturer to provide assist-
ance in diagnosing and repairing the discrep- ‘‘118. Materiel readiness metrics and objectives
weapon system sustainment ecosystem, make
ancy; and for major defense acquisition pro-
recommendations related to statutory, regu-
(C) the estimated time to repair. grams.’’.
latory, policy, or operational best practices the
SEC. 347. MATERIEL READINESS METRICS AND SEC. 348. REPEAL OF STATUTORY REQUIREMENT
panel considers necessary.
OBJECTIVES FOR MAJOR WEAPON FOR NOTIFICATION TO DIRECTOR
(d) REPORT.— SYSTEMS. OF DEFENSE LOGISTICS AGENCY
(1) INTERIM REPORT.—Not later than 1 year THREE YEARS PRIOR TO IMPLE-
(a) IN GENERAL.—Section 118 of title 10,
after the date on which all members of the panel MENTING CHANGES TO ANY UNI-
United States Code, is amended—
have been appointed, the panel shall provide to (1) by amending the section heading to read FORM OR UNIFORM COMPONENT.
the Secretary of Defense and the Committees on as follows: ‘‘Materiel readiness metrics and Section 356 of the John S. McCain National
Armed Services of the Senate and House of Rep- objectives for major weapon systems’’; Defense Authorization Act for Fiscal Year 2019
resentatives a briefing on the interim findings (2) by striking ‘‘Not later than five days’’ and (Public Law 115–232; 10 U.S.C. 771 note prec.) is
and recommendations of the panel. inserting the following: amended—
(2) FINAL REPORT.—Not later than 2 years ‘‘(d) BUDGET JUSTIFICATION.—Not later than (1) by striking subsection (a);
after the date on which all members of the panel five days’’; (2) by redesignating subsections (b) and (c) as
have been appointed, the panel shall submit to (3) by inserting before subsection (d) (as des- subsections (a) and (b), respectively; and
the Secretary of Defense and the Committees on ignated by paragraph (2)) the following new (3) in subsections (a) and (b), as so redesig-
Armed Services of the Senate and House of Rep- subsections: nated, by striking ‘‘Commander’’ each place it
resentatives a report setting forth a detailed ‘‘(a) MATERIEL READINESS METRICS.—Each appears and inserting ‘‘Director’’.
statement of the findings and conclusions of the head of an element of the Department specified Subtitle D—Munitions Safety and Oversight
panel as a result of the review described in sub- in paragraphs (1) through (10) of section 111(b)
section (c), together with such recommendations SEC. 351. CHAIR OF DEPARTMENT OF DEFENSE
of this title shall establish and maintain mate- EXPLOSIVE SAFETY BOARD.
related to statutory, regulatory, policy, or oper- riel readiness metrics to enable assessment of the
ational practices as the panel considers appro- (a) RESPONSIBILITIES.—Section 172 of title 10,
readiness of members of the armed forces to
priate in light of the results of the review. United States Code, is amended by adding at the
carry out—
(e) ADMINISTRATIVE MATTERS.— end the following new subsections:
‘‘(1) the strategic framework required by sec-
(1) IN GENERAL.—The Secretary of Defense ‘‘(c) RESPONSIBILITIES OF CHAIR.—The chair
tion 113(g)(1)(B)(vii) of this title; and
shall provide the panel with timely access to ap- ‘‘(2) guidance issued by the Secretary of De- of the explosive safety board shall carry out the
propriate information, data, resources, analysis, fense pursuant to section 113(g)(1)(B) of this following responsibilities:
and logistics support so that the panel may con- title. ‘‘(1) To act as the principal executive rep-
duct a thorough and independent assessment as ‘‘(b) REQUIRED METRICS.—At a minimum, the resentative and advisor of the Secretary on ex-
required under this section. materiel readiness metrics required by subsection plosive and chemical agent safety matters re-
(2) EFFECT OF LACK OF APPOINTMENT BY AP- (a) shall address the materiel availability, oper- lated to Department of Defense military muni-
POINTMENT DATE.—If any member has not been ational availability, operational capability, and tions.
appointed by the date specified in subsection materiel reliability of each major weapon system ‘‘(2) To perform the hazard classification ap-
(b)(3), the authority to appoint such member by designated mission, design series, variant, or proval duties assigned to the chair.
under subsection (b)(1) shall expire, and the class. ‘‘(3) To preside over meetings of the explosive
number of members of the panel shall be reduced ‘‘(c) MATERIEL READINESS OBJECTIVES.—(1) safety board.
by the number equal to the number of appoint- Not later than one year after the date of the en- ‘‘(4) To direct the staff of the explosive safety
ments so not made. actment of this subsection, each head of an ele- board.
(3) PERIOD OF APPOINTMENT; VACANCIES.— ment described in subsection (a) shall establish ‘‘(5) To performs other functions relating to
Members of the panel shall be appointed for the the metrics required by subsection (b) necessary explosives safety management, as directed by
duration of the panel. Any vacancy in the panel to support the strategic framework and guid- the Assistant Secretary of Defense for
shall not affect its powers, but shall be filled in ance referred to in paragraph (1) and (2) of sub- Sustainment.
the same manner as the original appointment. section (a). ‘‘(6) To provide impartial and objective advice
(4) CHAIR.—The panel shall select a Chair ‘‘(2) Annually, each head of an element de- related to explosives safety management to the
from among its members. The Chair may not be scribed in subsection (a) shall review and revise Secretary of Defense and the heads of the mili-
a Federal officer or employee. the metrics required by subsection (b) and in- tary departments.
(f) TERMINATION.—The panel shall terminate clude any such revisions in the materials sub- ‘‘(7) To serve as the principal representative
dlhill on DSK120RN23PROD with HOUSE
90 days after the date on which the panel sub- mitted to Congress in support of the budget of and advisor of the Department of Defense on
mits the report required under subsection (d)(2). the President under section 1105 of title 31.’’; matters relating to explosives safety manage-
SEC. 346. BIANNUAL BRIEFINGS ON STATUS OF (4) in subsection (d) (as designated by para- ment.
SHIPYARD INFRASTRUCTURE OPTI- graph (2))— ‘‘(8) To provide assistance and advice to the
MIZATION PLAN. (A) in paragraph (1)— Under Secretary of Defense for Acquisition and
(a) BRIEFINGS REQUIRED.—During the period (i) by striking ‘‘materiel reliability, and mean Sustainment and the Deputy Director of Land
beginning on July 1, 2020, and ending on July 1, down time metrics for each major weapons sys- Warfare and Munitions in munitions acquisition
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
H6192 CONGRESSIONAL RECORD — HOUSE December 3, 2020
oversight and technology advancement for De- Defense certifies to the congressional defense SEC. 353. ASSESSMENT OF RESILIENCE OF DE-
partment of Defense military munitions, espe- committees that all board member positions, in- PARTMENT OF DEFENSE MUNITIONS
ENTERPRISE.
cially in the areas of explosives and chemical cluding the chair, of the Department of Defense
agent safety and demilitarization. explosive safety board, as authorized under sec- (a) ASSESSMENT.—Not later than 60 days after
‘‘(9) To provide assistance and advice to the tion 172 of title 10, United States Code, as the date of the enactment of this Act, the Sec-
Assistant Secretary of Defense for Logistics and amended by this section, have been filled by retary of Defense shall enter into an agreement
Material Readiness in sustainment oversight of military officers as required by such section. with a federally-funded research and develop-
Department of Defense military munitions, espe- ment center with relevant expertise under which
SEC. 352. EXPLOSIVE ORDNANCE DISPOSAL DE-
cially in the areas of explosives and chemical such center shall conduct an assessment of the
FENSE PROGRAM.
agent safety, storage, transportation, and de- resilience of the Department of Defense muni-
(a) ROLES, RESPONSIBILITIES, AND AUTHORI- tions enterprise.
militarization. TIES.—Section 2284(b) of title 10, United States
‘‘(10) To develop and recommend issuances to (b) ELEMENTS.—The assessment required
Code, as amended by section 1052 of the Na- under subsection (a) shall include the following
define the functions of the explosive safety
tional Defense Authorization Act for Fiscal elements:
board.
Year 2020 (Public Law 116–92), is further amend- (1) An identification of the points of failure
‘‘(11) To establishes joint hazard classification
ed— with respect to the munitions enterprise, includ-
procedures with covered components of the De-
partment. (1) in paragraph (1)(A)— ing physical locations, materials, suppliers, con-
‘‘(12) To make recommendations to the Under (A) by inserting ‘‘and’’ before ‘‘integration’’; tractors, and other relevant elements, that, if
Secretary of Defense for Acquisition and and failure occurs, would have the largest negative
Sustainment with respect to explosives and (B) by striking ‘‘an Assistant Secretary of De- impact on the capacity, resiliency, and safety of
chemical agent safety tenets and requirements. fense’’ and inserting ‘‘the Assistant Secretary of the enterprise.
‘‘(13) To conducts oversight of Department of Defense for Special Operations and Low Inten- (2) An evaluation of the efforts of the Depart-
Defense explosive safety management programs. sity Conflict’’; ment of Defense to address the points of failure
‘‘(14) To carry out such other responsibilities (2) in paragraph (2), by striking ‘‘to whom re- identified under paragraph (1).
as the Secretary of Defense determines appro- (3) Recommendation with respect to any addi-
sponsibility is assigned under paragraph (1)(A)’’
priate. tional efforts or actions that could be taken to
and inserting ‘‘for Special Operations and Low
‘‘(d) RESPONSIBILITIES OF EXECUTIVE DIREC- provide for mitigation or solutions with respect
Intensity Conflict’’;
TOR AND CIVILIAN MEMBERS.—The executive di- to such points of failure.
(3) by redesignating paragraphs (3) and (4) as (4) An evaluation of the capacity of the muni-
rector and civilian members of the explosive paragraphs (4) and (5), respectively; and
safety board shall— tions enterprise to support a sudden surge in de-
(4) by inserting after paragraph (2) the fol- mand to support a contingency.
‘‘(1) provide assistance to the chair in car- lowing new paragraph (3): (5) An evaluation of the capacity of the muni-
rying out the responsibilities specified in sub-
‘‘(3) the Assistant Secretary of Defense for tions enterprise to withstand intentional disrup-
section (c); and
‘‘(2) carry out such other responsibilities as Special Operations and Low Intensity Conflict tion during a conflict.
shall coordinate with— (c) REPORT AND BRIEFINGS.—The Secretary
the chair determines appropriate.
‘‘(A) the Under Secretary of Defense for Intel- shall—
‘‘(e) MEETINGS.—(1) The explosive safety
ligence on explosive ordnance technical intel- (1) submit to the congressional defense com-
board shall meet not less frequently than quar-
ligence; mittees a report on the results of assessment
terly.
‘‘(B) the Under Secretary of Defense for Ac- conducted under this section by not later than
‘‘(2) The chair shall submit to the congres-
quisition and Sustainment on explosive ord- December 31, 2021; and
sional defense committees an annual report de- (2) provide for such committees interim brief-
scribing the activities conducted at the meetings nance disposal research, development, acquisi-
ings on such assessment upon request.
of the board. tion, and sustainment;
(d) POINT OF FAILURE.—In this section, the
‘‘(f) EXCLUSIVE RESPONSIBILITIES.—The explo- ‘‘(C) the Under Secretary of Defense for Re- term ‘‘point of failure’’ means, with respect to
sive safety board shall have exclusive responsi- search and Engineering on explosive ordnance the munitions enterprise, an aspect of the enter-
bility within the Department of Defense for— disposal research, development, test, and eval- prise, that, if it were to fail or be significantly
‘‘(1) recommending new and updated explosive uation; negatively impacted would cause the portion of
and chemical agent safety regulations and ‘‘(D) the Assistant Secretary of Defense for the enterprise it supports to either fail or be sig-
standards to the Assistant Secretary of Defense Homeland Security and Global Security on ex- nificantly negatively impacted.
for Energy Installations and Environment for plosive ordnance disposal on defense support of SEC. 354. REPORT ON SAFETY WAIVERS AND MIS-
submittal to the Under Secretary of Defense for civil authorities; and HAPS IN DEPARTMENT OF DEFENSE
Acquisition and Sustainment; and ‘‘(E) the Assistant Secretary of Defense for MUNITIONS ENTERPRISE.
‘‘(2) acting as the primary forum for coordina- Nuclear, Chemical, and Biological Defense pro- (a) REPORT REQUIRED.—The Secretary shall
tion among covered components of the Depart- grams on explosive ordnance disposal for com- include with the Department of Defense mate-
ment on all matters related to explosive safety bating weapons of mass destruction;’’. rials submitted to Congress with the budget of
management. (b) REPORT.—Not later than 180 days after the the President for each of fiscal years 2022
‘‘(g) COVERED COMPONENTS.—In this section, date of the enactment of this Act, the Secretary through 2025 (as submitted to Congress pursuant
the covered components of the Department are to section 1105 of title 31, United States Code),
of Defense, in coordination with the Secretaries
each of the following: a report on safety waivers provided in the De-
of the military departments, shall submit to the
‘‘(1) The Office of the Secretary of Defense. partment of Defense munitions enterprise. Each
Committees on Armed Services of the Senate and
‘‘(2) The military departments. such report shall include each of the following
House of Representatives a report of the Explo-
‘‘(3) The Office of the Chairman of the Joint for the year covered by the report and each of
sive Ordnance Disposal Defense Program under
Chiefs of Staff and the Joint Staff, the Combat- the preceding 3 years:
section 2284 of title 10, United States Code. Such
ant Commands. (1) A list of each waiver, exemption, and sec-
report shall include each of the following:
‘‘(4) The Office of the Inspector General of the retarial exemption or certification provided with
Department. (1) The status of the establishment and orga-
nization of the Program and the compliance respect to any Department of Defense munitions
‘‘(5) The Defense Agencies. safety standard.
‘‘(6) The Department of Defense field activi- with the requirements of such section, as
amended by section 1052 of the National Defense (2) For each such waiver, exemption, or cer-
ties. tification provided—
‘‘(7) All other organizational entities within Authorization Act for Fiscal Year 2020.
(A) the location where the waiver, exemption,
the Department.’’. (2) An assessment of the feasibility and advis- or certification was provided;
(b) DEADLINE FOR APPOINTMENT.—By not ability of designating the Joint Program Execu- (B) a summary of the justification used for
later than 90 days after the date of the enact- tive Officer for Armaments and Ammunition as providing the waiver, exemption, or certifi-
ment of this Act, the Secretary of Defense shall the joint program executive officer for the explo- cation;
take such steps as may be necessary to ensure sive ordnance disposal program, establishing a (C) the time period during which the waiver,
that the explosive safety board of the Depart- rotation of the role between an Army, Navy, exemption, or certification applies and the num-
ment of Defense, as authorized under section 172 and Air Force entity on a periodic basis, or ber of times such a waiver, exemption, or certifi-
of title 10, United States Code, has a chair who other options determined appropriate. cation has been provided at that location; and
is a military officer and whose responsibilities (3) An assessment of the feasibility and advis- (D) a list of all safety-related mishaps that oc-
include the day-to-day management of the ex- ability of designating the Director of the De- curred at locations where waivers, exemptions,
plosive safety board and the responsibilities pro- fense Threat Reduction Agency with manage- or certifications were in place, and for each
vided in subsection (c) of such section. ment responsibility for a Defense-wide program such mishap, whether or not a subsequent inves-
dlhill on DSK120RN23PROD with HOUSE
(c) LIMITATION ON USE OF FUNDS.—Of the element for explosive ordnance disposal re- tigation determined the waiver, exemption, or
amounts authorized to be appropriated or other- search, development, test, and evaluation trans- certification was related or may have been re-
wise made available in this Act for the Office of actions other than contracts, cooperative agree- lated to the mishap.
the Under Secretary of Defense for Acquisition ments, and grants related to section 2371 of title (3) A list and summary of all class A through
and Sustainment for fiscal year 2021, not more 10, United States Code, during research projects class E mishaps related to the construction, stor-
than 75 percent may be obligated or expended including rapid prototyping and limited pro- age, transportation, usage, and demilitarization
until the date on which the Under Secretary of curement urgent activities and acquisition. of munitions.
VerDate Sep 11 2014 07:18 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 6333 E:\CR\FM\A03DE7.049 H03DEPT2
December 3, 2020 CONGRESSIONAL RECORD — HOUSE H6193
(4) Any mitigation efforts in place at any lo- (b) AUTHORIZATION OF APPROPRIATIONS.—Of egy within the jurisdiction of such department
cation where a waiver, exemption, or certifi- the amounts authorized to be appropriated for or agency, including for the Biodefense Coordi-
cation has been provided or where a safety-re- fiscal year 2021, as identified in division D of nation Team, as appropriate;
lated mishap has occurred. this Act, $3,000,000 shall be available for Serv- (4) describe guidance and methods for ana-
(5) Such other matters as the Secretary deter- icewomen’s Commemorative Partnerships under lyzing the data collected from agencies to in-
mines appropriate. subsection (a). clude non-Federal resources and capabilities to
(b) MUNITIONS DEFINED.—In this section, the SEC. 363. BIODEFENSE ANALYSIS AND BUDGET the extent practicable; and
term ‘‘munitions’’ includes ammunition, explo- SUBMISSION. (5) describe and update, as appropriate,
sives, and chemical agents. (a) ANNUAL ANALYSIS.—For each fiscal year, short-, medium-, and long-term goals for exe-
Subtitle E—Other Matters beginning in fiscal year 2023, the Director of the cuting the National Biodefense Strategy and
SEC. 361.PILOT PROGRAM FOR TEMPORARY Office of Management and Budget, in consulta- metrics for meeting each objective of the Strat-
ISSUANCE OF MATERNITY-RELATED tion with the Secretary of Health and Human egy.
UNIFORM ITEMS. Services shall— (c) SUBMITTAL TO CONGRESS.—The Secretary
(a) PILOT PROGRAM.—The Director of the De- (1) conduct a detailed and comprehensive of Health and Human Services, the Secretary of
fense Logistics Agency, in coordination with the analysis of Federal biodefense programs; and Defense, the Secretary of Agriculture, and the
Secretaries concerned, shall carry out a pilot (2) develop an integrated biodefense budget Secretary of Homeland Security shall, not later
program for issuing maternity-related uniform submission. than 6 months after the date of the completion
items to pregnant members of the Armed Forces, (b) DEFINITION OF BIODEFENSE.—In accord- of the assessment in subsection (d)(1)(A), submit
on a temporary basis and at no cost to such ance with the National Biodefense Strategy, the the updated Implementation Plan to the appro-
member. In carrying out the pilot program, the Director shall develop and disseminate to all priate congressional committees.
Director shall take the following actions: Federal departments and agencies a unified def- (d) UPDATED BIODEFENSE THREAT ASSESS-
(1) The Director shall maintain a stock of inition of the term ‘‘biodefense’’ to identify MENT.—
each type of maternity-related uniform item de- which programs and activities are included in (1) IN GENERAL.—The Secretaries of Health
termined necessary by the Secretary concerned, the annual budget submission required under and Human Services, Defense, Agriculture, and
including service uniforms items, utility uniform subsection (a). Homeland Security, shall jointly, and in con-
items, and other items relating to the command (c) REQUIREMENTS FOR ANALYSIS.—The anal- sultation with the Director of National Intel-
and duty assignment of the member requiring ysis required under subsection (a) shall in- ligence, and other agency heads as appro-
issuance. clude— priate—
(2) The Director shall ensure that such items (1) the display of all funds requested for bio- (A) conduct an assessment of current and po-
have not been treated with the chemical defense activities, both mandatory and discre- tential biological threats against the United
permethrin. tionary, by agency and categorized by bio- States, both naturally occurring and man-made,
(3) The Director, in coordination with the Sec- defense enterprise element, such as threat either accidental or deliberate, including the po-
retary concerned, shall determine a standard awareness, prevention, deterrence, prepared- tential for catastrophic biological threats, such
number of maternity-related uniform items that ness, surveillance and detection, response, attri- as a pandemic;
may be issued per member. bution (including bioforensic capabilities), re- (B) not later than 1 year after the date of en-
(4) The Secretary concerned shall ensure that covery, and mitigation; and actment of this section, submit the findings of
any member receiving a maternity-related uni- (2) detailed explanations of how each program the assessment conducted under subparagraph
form item returns such item to the relevant of- and activity included aligns with biodefense (A) to the Federal officials described in sub-
fice established under paragraph (1) on the date goals and objectives as part of the National Bio- section (d)(1)and the appropriate congressional
on which the Secretary concerned determines defense Strategy required under section 1086 of committees described in subsection (e);
the member no longer requires such item. (C) not later than 30 days after the date on
the National Defense Authorization Act for Fis-
(5) The Secretary concerned shall inspect, which the assessment is submitted under sub-
cal Year 2017 (6 U.S.C. 104).
process, repair, clean, and re-stock items re- paragraph (B), conduct a briefing for the appro-
(d) SUBMITTAL TO CONGRESS.—The Director,
turned by a member pursuant to paragraph (4) priate congressional committees on the findings
in consultation with the Secretary of Health
for re-issuance from such relevant office. of the assessment;
and Human Services, shall submit to Congress
(6) The Director, in coordination with the Sec- (D) update the assessment under subpara-
the analysis required under subsection (a) for a
retaries concerned, may issue such guidance graph (A) biennially, as appropriate, and pro-
fiscal year concurrently with the President’s an-
and regulations as necessary to carry out the vide the findings of such updated assessments to
nual budget request for that fiscal year.
pilot program. the Federal officials described in subsection
(b) TERMINATION.—No maternity-related uni- SEC. 364. UPDATE OF NATIONAL BIODEFENSE IM-
(d)(1) and the appropriate congressional com-
PLEMENTATION PLAN.
form items may be issued to a member of the mittees; and
Armed Forces under the pilot program after Sep- (a) IN GENERAL.—The Secretaries of Health (E) conduct briefings for the appropriate con-
tember 30, 2026. and Human Services, Defense, Agriculture, gressional committees as needed any time an as-
(c) REPORT.—Not later than September 30, Homeland Security, and all other Departments sessment under this paragraph is updated.
2025, the Director of the Defense Logistics Agen- and agencies with responsibilities for biodefense, (2) CLASSIFICATION AND FORMAT.—Assessments
cy, in coordination with the Secretaries con- such as the Department of State, in consultation under paragraph (1) shall be submitted in an
cerned, shall submit to the congressional defense with the Assistant to the President for National unclassified format and include a classified
committees a report on the pilot program. Such Security Affairs and the Director of the Office annex, as appropriate.
report shall include each of the following: of Management and Budget, as appropriate, (e) APPROPRIATE CONGRESSIONAL COMMITTEES
(1) For each year during which the pilot pro- shall jointly, after reviewing the biodefense DEFINED.—In this section, the term ‘‘appro-
gram was carried out, the number of members of threat assessment described in subsection (d) priate congressional committees’’ means the fol-
the Armed Forces who received a maternity-re- and any relevant input from external stake- lowing:
lated uniform item under the pilot program. holders, as appropriate, update the National (1) The Committees on Armed Services of the
(2) An overview of the costs associated with, Biodefense Implementation Plan developed House of Representatives and the Senate.
and any savings realized by, the pilot program, under section 1086 of the National Defense Au- (2) The Committee on Energy and Commerce
including a comparison of the cost of maintain- thorization Act for Fiscal Year 2017 (6 U.S.C. of the House of Representatives and the Com-
ing a stock of maternity-related uniform items 104) to clearly document established processes, mittee on Health, Education, Labor, and Pen-
for issuance under the pilot program versus the roles, and responsibilities related to the National sions of the Senate.
cost of providing allowances to members for pur- Biodefense Strategy. (3) The Committee on Homeland Security of
chasing such items. (b) SPECIFIC UPDATES.—The updated National the House of Representatives and the Committee
(3) A recommendation on whether the pilot Biodefense Implementation Plan shall— on Homeland Security and Governmental Af-
program should be extended after the date of (1) describe the roles and responsibilities of fairs of the Senate.
termination under subsection (b) and whether the Federal departments and agencies, includ- (4) The Committee on Agriculture of the House
legislation is necessary for such extension. ing internal and external coordination proce- of Representatives and the Committee on Agri-
(4) Any other matters that the Secretary of dures, in identifying and sharing information culture, Nutrition, and Forestry of the Senate.
Defense determines appropriate. between and among Federal departments and (5) The Permanent Select Committee on Intel-
SEC. 362.SERVICEWOMEN’S COMMEMORATIVE agencies, as described in section 1086(b)(4) of the ligence of the House of Representatives and the
PARTNERSHIPS. National Defense Authorization Act for Fiscal Select Committee on Intelligence of the Senate.
(a) IN GENERAL.—The Secretary of the Army Year 2017 (6 U.S.C. 104(b)(4)) and consistent (6) The Committee on Foreign Affairs of the
may enter into a contract, partnership, or grant with the statutory roles and authorities of such House of Representatives and the Committee on
with a non-profit organization for the purpose departments and agencies; Foreign Relations of the Senate.
dlhill on DSK120RN23PROD with HOUSE
of providing financial support for the mainte- (2) describe roles, responsibilities, and proc- (f) RULE OF CONSTRUCTION.—Nothing in this
nance and sustainment of infrastructure and fa- esses for decisionmaking, including decisions re- section shall be construed to alter, limit, or du-
cilities at military service memorials and muse- garding use of resources for effective risk man- plicate the roles, responsibilities, authorities, or
ums that highlight the role of women in the agement across the enterprise; current activities, as established in statute or
military. Such a contract, partnership, or grant (3) describe resource plans for each depart- otherwise through existing practice or policy, of
shall be referred to as a ‘‘Servicewomen’s Com- ment and agency with responsibility for bio- each Federal department or agency with respon-
memorative Partnership’’. defense to support implementation of the strat- sibilities for biodefense or otherwise relevant to
Full text truncated for size; the complete document is in the PDF above.File and source
- File
- CREC_crec-2020-12-03_crec-2020-12-03-pt2-pgh6145-2.pdf
- Size
- 4,212,953 bytes
- SHA-256
- 6d8374f8d3ca88f511b084fe6acbfd90fe0f5cba985068edb8c772b1a6fc880d
- Original
- www.govinfo.gov